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HomeMy WebLinkAbout11-04-09 Board Packet (Part 2)AGENDA ITEM6a STAFF REPORT DIV.NO.All November 4,2009MEETINGDATE: W.O.lG.F.NO:Manager TYPE MEETING: SUBMITTED BY: APPROVED BY: (Chief) APPROVED BY:Manager,Administration & (Asst.GM): SUBJECT:Resolution No.4150 Approving the Form of and Authorizing the Execution and Delivery of a Purchase and Sale Agreement and Related Documents with Respect to the Sale of the Seller's Proposition 1A Receivable from the State;and Directing and Authorizing Certain Other Actions in Connection Therewith GENERAL MANAGER'S RECOMMENDATION: Adopt Resolution No.4150 authorizing the District to participate in the Proposition 1A Securitization Program,and authorizing the General Manager and Chief Financial Officer to execute and deliver related documents and take other related actions to complete this action. COMMITTEE ACTION: See Attachment A. BACKGROUND: Proposition 1A Suspension:Proposition 1A was passed by California voters in 2004 to ensure local property tax and sales tax revenues remain with local government,thereby safeguarding funding for the government agencies that are recipients of these revenues.Provisions can only be suspended if the Governor declares a fiscal necessity and two-thirds of the Legislature concur. The emergency suspension of Proposition 1A was passed by the Legislature and signed by the Governor as ABX4-14 and ABX4-15 as part of the 2009-10 budget package on July 28,2009.Under the provision,the state will borrow 8%of the amount of property tax revenue apportioned to cities,counties and special districts.The State is required to repay those obligations, plus interest at 2%per annum,by June 30,2013. The legislature is currently reviewing a clean-up bill (Senate Bill 67,"SB-67"),which would provide for a few critical changes to the enacted legislation,including but not limited to providing for:financing to occur in Novemberi county auditor certification of amount of Prop 1A receivablei tax exempt structurei California Communities as the only issueri more flexibility on bond structure (interest payments,state payment date and redemption features)i sales among local agenciesi and revision to the hardship mechanism.If for any reason SB-67 is not enacted and the bonds cannot be sold by December 31,2009, all approved documents placed in escrow with Transaction counsel will be of no force and effect and wiil be destroyed. Proposition 1A Securitization Program:Authorized under ABX4-15 and ABX4-15,the Proposition 1A Securitization Program was instituted to enable local agencies to sell their respective Proposition 1A taxes receivable to the California Statewide Communities Development Authority (CSCDA)("California Communities").Under the Securitization Program,California Communities will simultaneously purchase the Proposition 1A receivables,issue bonds ("Prop 1A Bonds"),and provide each local agencuy with the cash proceeds in two equal installments, on January 15,2010 and May 3,2010 (to coincide with the dates that the State will be withholding property tax from local agencies).The purchase price paid to the local agencies will equal 100%of the amount of the property tax reduction.All transaction costs of issuance and interest will be paid by the State of California.Participating local agencies will have no obligation on the bonds and no credit exposure to the State. If the District sells its Proposition 1A Receivable under the Proposition 1A Securitization Program,California Communities will pledge the District's Proposition 1A Receivable to secure the repayment of a corresponding amount of the Prop 1A Bonds. The District's sale of its Proposition 1A Receivable will be irrevocable.Bondholders will have no recourse to the District if the State does not mak the Proposition 1A Repayment. Proposition 1A Program Sponsor:California Communities is a joint powers authority sponsored by the California State Association of Counties and the League of California Cities. The member agencies of California Communities include approximately 230 cities and 54 counties throughout California. The District does not need to be a member of California Communities to participate in this program. 2 ANALYSIS: The benefits to the District of participation in the Proposition 1A Securitization Program include: •Immediate cash reimbursement -the sale of the District's taxes receivable will provide the District with 100%of it's property tax receivables on the dates that coincide with the dates that the State will be withholding the property taxes,on January 15,2010 and May 3,2010.These funds may be used for any lawful purpose of the District and are not restricted by the program. •All costs of financing borne by the State of California - the District will not have to pay any interest cost or costs of issuance in connection with participation in this program. •No obligation on the Bonds -the District has no obligation with respect to the payment of the bonds,nor any reporting,disclosure or other compliance obligations associated with the bonds. •Opposition to Proposition 1A Suspension -participation in this bond program is one of the ways the District can show its disagreement with the State's action to withhold property tax revenues from local agencies. The benefits to the District of not participating in the Program include: •By not participating,the District funds withheld by the State would function like an investment.The interest rate the State has pledged to pay on the receivables,2.0%for the projected 3-year duration of the program,is a favorable rate.At current investment rates,the District may not receive as high a return on investment as is being pledged by the State. •The repayment is a priority payment behind General Fund obligations to schools and general obligation bonds. •The State Constitution requires that the state provide repayment within a three-year period.It may make the repayment sooner,if funds are available. 3 •The estimated amount of taxes to be withheld by the State under the Proposition 1A suspension is $275,000 Current budget projections are that this is not material enough to cause any reduction in services or to negatively affect the currently authorized customer rates. FISCAL IMPACT: The estimated amount of taxes to be withheld by the State under the Proposition lA suspension is $275,000.As described above, this is not considered material enough to cause any adverse actions on either rates or operations STRATEGIC OUTLOOK: The District ensures its continued financial health through long-term financial planning,formalized financial policies, enhanced budget controls,fair pricing,debt planning,and improved financial reporting. LEGAL IMPACT: None. !UWflQ General Manager Attachments: A)Committee Action Form B)Resolution No.4150 C)Purchase and Sale Agreement D)Prop lA Receivables Seller Certificate 4 SUBJECT/PROJECT: ATTACHMENT A solution No.4150 Approving the Form of and Authorizing Execution and Delivery of a Purchase and Sale Agreement Related Documents with Respect to the Sale of the ller's Proposition 1A Receivable from the State;and recting and Authorizing Certain Other Actions in ction Therewith COMMITTEE ACTION: The Finance,Administration and reviewed this item at a meeting following comments were made: Communications Committee on October 19,2009 and the Ii!ft[: • • • Proposition 1A has been suspended and the State of California is borrowing approximately $275,000 of the District's property tax revenue.The State is required to repay the obligation, plus interest at 2%annually,by June 30,2013. Staff is proposing that the District participate in the Proposition 1A Securitization Program which would make the borrowed funds available to the District through the sale of its Proposition 1A tax receivables to the California Statewide Communities Development Authority (CSCDA).It is felt that the interest earned on the cash versus interest earnings from the State would be comparable. Staff feels that it would be better to participate with the Proposition 1A Securitization Program and receive the monies now.It .will also signify that the $275,000 is material to the District and that it requires the capital. •Participating would also be a show of solidarity with other local agencies who might see dramatic reductions in service levels if this option is not available. Following the discussion,the committee supported presentation to the full board as an action item. Y:\Board\CurBdPkg\FINANCE\CommMtgRes4150ProplAl10409.doc ATTACHMENT B RESOLUTION NO.4 150 BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION lA RECEIVABLE FROM THE STATE;AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS,pursuant to Section 25.5 of Article XIII of the California Constitution and Chapter l4XXXX of the California Statutes of 2009 (Assembly Bill No.15),as amended (the "Act"),certain local agencies within the State of California (the "State")are entitled to receive certain payments to be made by the State on or before June 30,2013,as reimbursement for reductions in the percentage ofthe total amount ofad valorem property tax revenues allocated to such local agencies during the State's 2009-10 fiscal year (the "Reimbursement Payments"), which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code; WHEREAS,the Otay Water District,a local agency within the meaning of Section 6585(f)of the California Government Code (the "Seller"),is entitled to and has determined to sell all right,title and interest ofthe Seller in and to its "Proposition lA receivable",as defined in Section 6585(g)of the California Government Code (the "Proposition lA Receivable"),namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(l)(B)(iii)of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code,in order to obtain money to fund public capital improvements or working capital; WHEREAS,the Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require; WHEREAS,the California Statewide Communities Development Authority,a joint exercise of powers authority organized and existing under the laws of the State (the "Purchaser"),has been authorized pursuant to Section 6588(x)of the California Government Code to purchase the Proposition lA Receivable; WHEREAS,the Purchaser desires to purchase the Proposition lA Receivable and the Seller desires to sell the Proposition lA Receivable pursuant to a purchase and sale agreement by and between the Seller and the Purchaser in the form presented to this Board of Directors (the "Sale Agreement")for the purposes set forth herein; WHEREAS,in order to finance the purchase price ofthe Proposition lA Receivable from the Seller and the purchase price of other Proposition lA Receivables from other local agencies, the Purchaser will issue its bonds (the "Bonds")pursuant to Section 6590 of the California Government Code and an Indenture (the "Indenture"),by and between the Purchaser and Wells Fargo Bank,National Association,as trustee (the "Trustee"),which Bonds will be payable solely from the proceeds of the Seller's Proposition lA Receivable and other Proposition lA Receivables sold to the Purchaser by local agencies in connection with the issuance of the Bonds; WHEREAS,the Seller acknowledges that (i)any transfer of its Proposition lA Receivable to the Purchaser pursuant to the Sale Agreement shall be treated as an absolute sale and transfer of the property so transferred and not as a pledge or grant of a security interest by Otay Water District to secure a borrowing,(ii)any such sale of its Proposition lA Receivable to the Purchaser shall automatically be perfected without the need for physical delivery, recordation,filing or further act,(iii)the provisions of Division 9 (commencing with Section 9101)of the California Commercial Code and Sections 954.5 to 955.1 of the California Civil Code,inclusive,shall not apply to the sale of its Proposition lA Receivable,and (iv)after such transfer,the Seller shall have no right,title,or interest in or to the Proposition lA Receivable sold to the Purchaser and the Proposition lA Receivable will thereafter be owned,received,held and disbursed only by the Purchaser or a trustee or agent appointed by the Purchaser; WHEREAS,the Seller acknowledges that the Purchaser will grant a security interest in the Proposition lA Receivable to the Trustee and any credit enhancer to secure payment of the Bonds; WHEREAS,a portion of the proceeds of the Bonds will be used by the Purchaser to, among other things,pay the purchase price of the Proposition lA Receivable; WHEREAS,the Seller will use the proceeds received from the sale ofthe Proposition lA Receivable for any lawful purpose as permitted under the applicable laws ofthe State; NOW THEREFORE,the Board of Directors of the Otay Water District hereby resolves as follows: Section 1.All of the recitals set forth above are true and correct,and this Board of Directors hereby so finds and determines. Section 2.The Seller hereby authorizes the sale ofthe Proposition lA Receivable to the Purchaser for a price equal to the amount certified as the Initial Amount (as defined in the Sale Agreement)by the County auditor pursuant to the Act.The form of Sale Agreement presented to the Board of Directors is hereby approved.An Authorized Officer (as set forth in Appendix A of this Resolution,attached hereto and by this reference incorporated herein)is hereby authorized and directed to execute and deliver the Sale Agreement on behalf of the Seller, which shall be in the form presented at this meeting. Section 3.Any Authorized Officer is hereby authorized and directed to send,or to cause to be sent,an irrevocable written instruction to the State Controller (the "Irrevocable Written Instruction")notifying the State of the sale of the Proposition lA Receivable and instructing the disbursement pursuant to Section 6588.6(c)of California Government Code ofthe Proposition lA Receivable to the Trustee,on behalf ofthe Purchaser,which Irrevocable Written Instruction shall be in the form presented at this meeting. 2 Section 4.The Authorized Officers and such other Seller officers,as appropriate, are hereby authorized and directed,jointly and severally,to do any and all things and to execute and deliver any and all documents,including but not limited to,if required,appropriate escrow instructions relating to the delivery into escrow ofexecuted documents prior to the closing of the Bonds,and such other documents mentioned in the Sale Agreement or the Indenture,which any of them may deem necessary or desirable in order to implement the Sale Agreement and otherwise to carry out,give effect to and comply with the terms and intent of this Resolution;and all such actions heretofore taken by such officers are hereby ratified,confirmed and approved. Section 5.All consents,approvals,notices,orders,requests and other actions permitted or required by any of the documents authorized by this Resolution,whether before or after the sale of the Proposition IA Receivable or the issuance of the Bonds,including without limitation any ofthe foregoing that may be necessary or desirable in connection with any default under or amendment of such documents,may be given or taken by an Authorized Officer without further authorization by this Board of Directors,and each Authorized Officer is hereby authorized and directed to give any such consent,approval,notice,order or request,to execute any necessary or appropriate documents or amendments,and to take any such action that such Authorized Officer may deem necessary or desirable to further the purposes ofthis Resolution. Section 6.The Board of Directors acknowledges that,upon execution and delivery of the Sale Agreement,the Seller is contractually obligated to sell the Proposition IA Receivable to the Purchaser pursuant to the Sale Agreement and the Seller shall not have any option to revoke its approval ofthe Sale Agreement or to determine not to perform its obligations thereunder. 3 Section 7.This Resolution shall take effect from and after its adoption and approval. PASSED AND ADOPTED by the Board of Directors of the Otay Water District, State ofCalifornia,this day of ,2009,by the following vote: AYES: NOES: ABSENT: President Attest: Secretary Approved as to form : SELLER'S COUNSEL By _ Dated:_ 4 Authorized Officers: APPENDIX A OTAY WATER DISTRICT Mark Watton,General Manager Joseph Beachem,ChiefFinancial Officer any designee ofany ofthem,as appointed in a written certificate of such Authorized Officer delivered to the Trustee. OTAY WATER DISTRICT,CALIFORNIA, as Seller and CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, as Purchaser PURCHASE AND SALE AGREEMENT Dated as ofNovember 1,2009 E-1 ATTACHMENT C TABLE OF CONTENTS Page 1.DEFINITIONS AND INTERPRETATION ,2 2.AGREEMENT TO SELL AND PURCHASE;CONDITIONS PRECEDENT 2 3.PURCHASE PRICE,CONVEYANCE OF PROPOSITION 1A RECEIVABLE AND PAYMENT OF PURCHASE PRICE 3 4.REPRESENTATIONS AND WARRANTIES OF THE PURCHASER 4 5.REPRESENTATIONS AND WARRANTIES OF THE SELLER 5 6.COVENANTS OF THE SELLER 7 7.THE PURCHASER'S ACKNOWLEDGMENT 9 8.NOTICES OF BREACH 9 9.LIABILITY OF SELLER;INDEMNIFICATION 9 10.LIMITATION ON LIABILITY 10 11.THE SELLER'S ACKNOWLEDGMENT 10 12.NOTICES 10 13.AMENDMENTS 10 14.SUCCESSORS AND ASSIGNS 10 15.THIRD PARTY RIGHTS 11 16.PARTIAL INVALIDITY 11 17.COUNTERPARTS 11 18.ENTIRE AGREEMENT 11 19.GOVERNING LAW 12 EXHIBIT A -DEFINITIONS A-I EXHIBIT B1 -OPINION OF SELLER'S COUNSEL B1-1 EXHIBIT B2 -BRINGDOWN OPINION OF SELLER'S COUNSEL.B2-1 EXHIBIT C1 -CLERK'S CERTIFICATE C1-1 EXHIBIT C2 -SELLER CERTIFICATE C2-1 EXHIBIT C3 -BILL OF SALE AND BRINGDOWN CERTIFICATE C3-1 EXHIBIT D -IRREVOCABLE INSTRUCTIONS TO CONTROLLER D-1 EXHIBIT E -ESCROW INSTRUCTION LETTER E-1 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT,dated as of November 1,2009 (this "Agreement"),is entered into by and between: (l)OTAY WATER DISTRICT,a local agency of the State of California within the meaning ofSection 6585(f)ofthe California Government Code (the "Seller");and (2)CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY,a joint exercise of powers authority organized and existing under the laws of the State ofCalifornia (the "Purchaser"). RECITALS A.Pursuant to Section 25.5 of Article XIII ofthe California Constitution and Section 100.06 of the California Revenue and Taxation Code,local agencies within the meaning of Section 6585(f)ofthe California Government Code are entitled to receive certain payments to be made by the State ofCalifornia (the "State")on or before June 30,2013,as reimbursement for reductions in the percentage ofthe total amount of ad valorem property tax revenues allocated to such local agencies during the State's 2009-10 fiscal year,which reductions have been authorized pursuant to Sections 100.05 and 100.06 ofthe California Revenue and Taxation Code. B.The Seller is the owner of the Proposition IA Receivable (as defined below)and is entitled to and has determined to sell all right,title and interest in and to the Proposition IA receivable,namely,the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(l)(B)(iii)of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code,in order to obtain money to fund any lawful purpose as permitted under the applicable laws ofthe State. C.The Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require. D.The Purchaser,a joint exercise ofpowers authority organized and existing under the laws of the State,has been authorized pursuant to Section 6588(x)of the California Government Code to purchase the Proposition IA Receivable. E.The Seller is willing to sell,and the Purchaser is willing to purchase,the Proposition IA Receivable upon the terms specified in this Agreement. F.Pursuant to its Proposition IA Receivable Financing Program (the "Program"),the Purchaser will issue its bonds (the "Bonds")pursuant to an Indenture (the "Indenture"),between the Purchaser and Wells Fargo Bank,National Association,as trustee (the "Trustee"),and will use a portion of the proceeds thereof to purchase the Proposition IA Receivable from the Seller. G.The Purchaser will grant a security interest in such Proposition IA Receivable to the Trustee and each Credit Enhancer to secure the Bonds. AGREEMENT NOW,THEREFORE,in consideration of the above Recitals and the mutual covenants herein contained,the parties hereto hereby agree as follows: 1.Definitions and Interpretation. (a)For all purposes of this Agreement,except as otherwise expressly provided herein or unless the context otherwise requires,capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in Exhibit A attached hereto and which is incorporated by reference herein. (b)The words "hereof,""herein,""hereunder"and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement;section and exhibits references contained in this Agreement are references to sections and exhibits in or to this Agreement unless otherwise specified;and the term "including"shall mean "including without limitation." (c)Any agreement,instrument or statute defined or referred to herein or in any instrument or certificate delivered in connection herewith means such agreement,instrument or statute as from time to time may be amended,modified or supplemented and includes (in the case of agreements or instruments)references to all attachments and exhibits thereto and instruments incorporated therein;and any references to a Person are also to its permitted successors and assigns. 2.Agreement to Sell and Purchase;Conditions Precedent. (a)The Seller agrees to sell,and the Purchaser agrees to purchase,on the Closing Date,for an amount equal to the Purchase Price,all right,title and interest ofthe Seller in and to the "Proposition lA receivable"as defined in Section 6585(g)of the California Government Code (the "Proposition lA Receivable"),namely,the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(I)(B)(iii)of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code.The Purchase Price shall be paid by the Purchaser to the Seller in two equal cash installment payments,without interest (each,an "Installment Payment"and,collectively,the "Installment Payments"),on January 15,2010,and May 3,2010 (each a "Payment Date"and,collectively,the "Payment Dates").The Purchaser shall pay the Purchase Price by wire transfer pursuant to wire instructions provided by the Seller to the Trustee bye-mail to john.deleray@wellsfargo.com or by facsimile to 213-614-3355,Attention:John Deleray.If wire instructions are not provided to the Trustee (or if such wire instructions are invalid)payment will be made by check mailed to the Seller's Principal Place ofBusiness. (b)The performance by the Purchaser of its obligations hereunder shall be conditioned upon: (i)Transaction Counsel receiving on or before the date the Bonds are sold (the "Pricing Date"),to be held in escrow until the Closing Date and then delivered to the Purchaser on the Closing Date,the following documents 2 duly executed by the Seller or its counsel,as applicable:(l)an opinion of counsel to the Seller dated the Pricing Date in substantially the form attached hereto as Exhibit B 1,(2)certificates dated the Pricing Date in substantially the forms attached hereto as Exhibit C1 and Exhibit C2, (3)irrevocable instructions to the Controller dated as of the Closing Date in substantially the form attached hereto as Exhibit D,(4)this Agreement, (5)a certified copy of'the resolution of the Seller's Board of Directors approving this Agreement,the transactions contemplated hereby and the documents attached hereto as exhibits,and (6)an escrow instruction letter in substantially the form attached hereto as Exhibit E; (ii)Transaction Counsel receiving on or before the Pricing Date,(1)a bringdown opinion ofcounsel to the Seller dated as of the Closing Date in substantially the form attached hereto as Exhibit B2,and (2)a bill of sale and bringdown certificate ofthe Seller (the "Bill of Sale")in substantially the form attached hereto as Exhibit C3;provided that the Purchaser may waive,in its sole discretion,the requirements ofSection 2(b)(ii)(1); (iii)the Purchaser issuing Bonds in an amount which will be sufficient to pay the Purchase Price;and (iv)the receipt by the Purchaser of a certification of the County Auditor confirming the Initial Amount of the Proposition 1A Receivable pursuant to the Act. (c)The performance by the Seller of its obligations hereunder shall be conditioned solely upon the Purchaser's issuance of the Bonds its execution and delivery of this Agreement,pursuant to which it is legally obligated to pay the Installment Payments to the Seller on the Payment Dates as set forth in this Agreement,and no other act or omission on the part of the Purchaser or any other party shall excuse the Seller from performing its obligations hereunder.Seller specifically disclaims any right to rescind this Agreement,or to assert that title to the Proposition 1A Receivable has not passed to the Purchaser,should Purchaser fail to make Installment Payments in the requisite amounts on the Payment Dates. 3.Purchase Price,Conveyance of Proposition 1A Receivable and Payment of Purchase Price. (a)Upon pricing of the Bonds by the Purchaser,the Purchaser will inform the Seller that it will pay the Purchase Price in Installment Payments on the Payment Dates. (b)In consideration of the Purchaser's agreement to pay and deliver to the Seller the Installment Payments on the Payment Dates,the Seller agrees to (i)transfer,grant,bargain, sell,assign,convey,set over and deliver to the Purchaser,absolutely and not as collateral security,without recourse except as expressly provided herein,and the Purchaser agrees to purchase,accept and receive,the Proposition 1A Receivable,and (ii)assign to the Purchaser,to the extent permitted by law,all present or future rights,if any,of the Seller to enforce or cause the enforcement of payment of the Proposition 1A Receivable pursuant to the Act and other 3 applicable law.Such transfer,grant,bargain,sale,assignment,conveyance,set over and delivery is hereby expressly stated to be a sale and,pursuant to Section 6588.6(b)of the California Government Code,shall be treated as an absolute sale and transfer of the Proposition IA Receivable,and not as a grant ofa security interest by the Seller to secure a borrowing.This is the statement referred to in Sections 6588.6(b)and (c)of the California Government Code. 4.Representations and Warranties of the Purchaser.The Purchaser represents and warrants to the Seller,as ofthe date hereof,as follows: (a)The Purchaser is duly organized,validly existing and in good standing under the laws ofthe State of California. (b)The Purchaser has full power and authority to enter into this Agreement and to perform its obligations hereunder and has duly authorized such purchase and assignment of the Proposition IA Receivable by the Purchaser by all necessary action. (c)Neither the execution and delivery by the Purchaser of this Agreement,nor the performance by the Purchaser of its obligations hereunder,shall conflict with or result in a breach or default under any of its organizational documents,any law,rule,regulation,judgment, order or decree to which it is subject or any agreement or instrument to which it is a party. (d)To the best of the knowledge of the Purchaser,no action,suit,proceeding, inquiry or investigation,at law or in equity,before or by any court,public board or body,is pending or threatened in any way against the Purchaser affecting the existence of the Purchaser or the titles of its commissioners or officers,or seeking to restrain or to enjoin the purchase of the Proposition IA Receivable or to direct the application of the proceeds of the purchase thereof,or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Purchaser contemplated by any of said documents,or in any way contesting the powers of the Purchaser or its authority with respect to the Transaction Documents to which it is a party or any other applicable agreement,or any action on the part of the Purchaser contemplated by the Transaction Documents,or in any way seeking to enjoin or restrain the Purchaser from purchasing the Proposition IA Receivable or which if determined adversely to the Purchaser would have an adverse effect upon the Purchaser's ability to purchase the Proposition IA Receivable,nor to the knowledge ofthe Purchaser is there any basis therefor. (e)This Agreement,and its execution,delivery and performance hereof have been duly authorized by it,and this Agreement has been duly executed and delivered by it and constitutes its valid and binding obligation enforceable against it in accordance with the terms hereof,subject to the effect of bankruptcy,insolvency,reorganization,moratorium,fraudulent conveyance and other similar laws relating to or affecting creditors'rights generally or the application ofequitable principles in any proceeding,whether at law or in equity. (f)The Purchaser is a separate legal entity,acting solely through its authorized representatives,from the Seller,maintaining separate records,books of account,assets,bank accounts and funds,which are not and have not been commingled with those ofthe Seller. 4 (g)All approvals,consents,authorizations,elections and orders of or filings or registrations with any governmental authority,board,agency or commission having jurisdiction which would constitute a condition precedent to,or the absence of which would adversely affect, the purchase by the Purchaser of the Proposition lA Receivable or the performance by the Purchaser of its obligations under the Transaction Documents to which it is a party and any other applicable agreements,have been obtained and are in full force and effect. (h)Insofar as it would materially adversely affect the Purchaser's ability to enter into,carry out and perform its obligations under any or all of the Transaction Documents to which it is a party,or consummate the transactions contemplated by the same,the Purchaser is not in breach of or default under any applicable constitutional provision,law or administrative regulation ofthe State of California or the United States or any applicable judgment or decree or any loan agreement,indenture,bond, note,resolution,agreement or other instrument to which it is a party or to which it or any ofits property or assets is otherwise subject,and,to the best ofthe knowledge of the Purchaser,no event has occurred and is continuing which with the passage of time or the giving ofnotice,or both,would constitute a default or an event of default under any such instrument,and the execution and delivery by the Purchaser of the Transaction Documents to which it is a party,and compliance by the Purchaser with the provisions thereof,under the circumstances contemplated thereby,do not and will not conflict with or constitute on the part of the Purchaser a breach of or default under any agreement or other instrument to which the Purchaser is a party or by which it is bound or any existing law,regulation,court order or consent decree to which the Purchaser is subject. 5.Representations and Warranties of the Seller.The Seller hereby represents and warrants to the Purchaser,as ofthe date hereof,as follows: (a)The Seller is a local agency within the meaning of Section 6585(f)of the California Government Code,with full power and authority to execute and deliver this Agreement and to carry out its terms. (b)The Seller has full power,authority and legal right to sell and assign the Proposition lA Receivable to the Purchaser and has duly authorized such sale and assignment to the Purchaser by all necessary action;and the execution,delivery and performance by the Seller ofthis Agreement has been duly authorized by the Seller by all necessary action. (c)This Agreement has been,and as ofthe Closing Date the Bill ofSale will have been,duly executed and delivered by the Seller and,assuming the due authorization,execution and delivery of this Agreement by the Purchaser,each of this Agreement and the Bill of Sale constitutes a legal,valid and binding obligation ofthe Seller enforceable in accordance with its terms,subject to the effect of bankruptcy,insolvency,reorganization,moratorium,fraudulent conveyance and other similar laws relating to or affecting creditors'rights generally or the application of equitable principles in any proceeding,whether at law or in equity. (d)All approvals,consents,authorizations,elections and orders of or filings or registrations with any governmental authority,board,agency or commission having jurisdiction which would constitute a condition precedent to,or the absence ofwhich would adversely affect, the sale by the Seller of the Proposition lA Receivable or the performance by the Seller of its 5 'j·,-1 obligations under the Resolution and the~Transaction Documents to which it is a party and any other applicable agreements,have been obtained and are in full force and effect. (e)Insofar as it would materially adversely affect the Seller's ability to enter into, carry out and perform its obligationsunder any or all ofthe Transaction Documents to which it is a party,or consummate the transactions contemplated by the same,the Seller is not in breach of or default under any applicable constitutional provision,law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement,indenture,bond,note,resolution,agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject,and,to the best of the knowledge of the Seller,no event has occurred and is continuing which with the passage oftime or the giving ofnotice,or both,would constitute a default or an event ofdefault under any such instrument,and the adoption ofthe Resolution and the execution and delivery by the Seller ofthe Transaction Documents to which it is a party,and compliance by the Seller with the provisions thereof,under the circumstances contemplated thereby,do not and will not conflict with or constitute on the part ofthe Seller a breach of or default under any agreement or other instrument to which the Seller is a party or by which it is bound or any existing law,regulation,court order or consent decree to which the Seller is subject. (f)To the best ofthe knowledge ofthe Seller,no action,suit,proceeding,inquiry or investigation,at law or in equity,before or by any court,public board or body,is pending or threatened in any way against the Seller affecting the existence of the Seller or the titles of its Board of Directors members or officers to their respective offices,or seeking to restrain or to enjoin the sale of the Proposition lA Receivable or to direct the application of the proceeds of the sale thereof,or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents,or in any way contesting the powers ofthe Seller or its authority with respect to the Resolution or the Transaction Documents to which it is a party or any other applicable agreement,or any action on the part of the Seller contemplated by the Transaction Documents,or in any way seeking to enjoin or restrain the Seller from selling the Proposition lA Receivable or which ifdetermined adversely to the Seller would have an adverse effect upon the Seller's ability to sell the Proposition lA Receivable,nor to the knowledge ofthe Seller is there any basis therefor. (g)Prior to the sale ofthe Proposition lA Receivable to the Purchaser,the Seller was the sole owner ofthe Proposition lA Receivable,and has such right,title and interest to the Proposition 1A Receivable as provided in the Act.From and after the conveyance of the Proposition lA Receivable by the Seller to Purchaser on the Closing Date,the Seller shall have no right,title or interest in or to the Proposition lA Receivable.Except as provided in this Agreement,the Seller has not sold,transferred,assigned,set over or otherwise conveyed any right,title or interest of any kind whatsoever in all or any portion of the Proposition lA Receivable,nor has the Seller created,or to the best knowledge of the Seller permitted the creation of,any lien,pledge,security interest or any other encumbrance (a "Lien")thereon. Prior to the sale of the Proposition lA Receivable to the Purchaser,the Seller held title to the Proposition lA Receivable free and clear of any Liens.As ofthe Closing Date,this Agreement, together with the Bill of Sale,constitutes a valid and absolute sale to the Buyer of all of the Seller's right,title and interest in and to the Proposition lA Receivable. 6 "j: III'rI~' I, I (h)The Seller acts solely through its authorized officers or agents. (i)The Seller maintains records and books ofaccount separate from those ofthe Purchaser. (j)The Seller maintains its respective assets separately from the assets of the Purchaser (including through the maintenance of separate bank accounts);the Seller's funds and assets,and records relating thereto,have not been and are not commingled with those of the Purchaser. (k)The Seller's principal place ofbusiness and chiefexecutive office is located at 2554 Sweetwater Springs Blvd,Spring Valley,CA 91978. (1)The aggregate amount of the Installment Payments is reasonably equivalent value for the Proposition lA Receivable.The Seller acknowledges that the amount payable to or on behalf of the Purchaser by the State with respect to the Proposition lA Receivable will be in excess of the Purchase Price and the Initial Amount of the Proposition lA Receivable and confirms that it has no claim to any such excess amount whatsoever. (m)The Seller does not act as an agent of the Purchaser in any capacity,but instead presents itself to the public as an entity separate from the Purchaser. (n)The Seller has not guaranteed and shall not guarantee the obligations of the Purchaser,nor shall it hold itself out or permit itself to be held out as having agreed to payor as being liable for the debts of the Purchaser;and the Seller has not received nor shall the Seller accept any credit or financing from any Person who is relying upon the availability ofthe assets of the Purchaser in extending such credit or financing.The Seller has not purchased and shall not purchase any ofthe Bonds or any interest therein. (0)All transactions between or among the Seller,on the one hand,and the Purchaser on the other hand (including,without limitation,transactions governed by contracts for services and facilities,such as payroll,purchasing,accounting,legal and personnel services and office space),whether existing on the date hereof or entered into after the date hereof,shall be on terms and conditions (including,without limitation,terms relating to amounts to be paid thereunder)which are believed by each such party thereto to be both fair and reasonable and comparable to those available on an arms-length basis from Persons who are not affiliates. (p)The Seller has not,under the provisions of Section 1OO.06(b)of the California Revenue and Taxation Code,received a reduction for hardship or otherwise,nor has it requested, made arrangements for,or completed a reallocation or exchange with any other local agency,of the total amount of the ad valorem property tax revenue reduction allocated to the Seller pursuant to Section 100.06(a)ofthe California Revenue and Taxation Code. 6.Covenants of the Seller. (a)The Seller shall not take any action or omit to take any action which adversely affects the interests of the Purchaser in the Proposition lA Receivable and in the proceeds thereof.The Seller shall not take any action or omit to take any action that shall adversely affect 7 the ability of the Purchaser,and any assignee of the Purchaser,to receive payments of the Proposition IA Receivable. (b)The Seller shall not take any action or omit to take any action that would impair the validity or effectiveness of the Act,nor,without the prior written consent of the Purchaser or its assignees,agree to any amendment,modification,termination,waiver or surrender of,the terms of the Act,or waive timely performance or observance under the Act. Nothing in this agreement shall impose a duty on the Seller to seek to enforce the Act or to seek enforcement thereof by others,or to prevent others from modifying,terminating,discharging or impairing the validity or effectiveness of the Act. (c)Upon request of the Purchaser or its assignee,(i)the Seller shall execute and deliver such further instruments and do such further acts (including being named as a plaintiff in an appropriate proceeding)as may be reasonably necessary or proper to carry out more effectively the purposes and intent ofthis Agreement and the Act,and (ii)the Seller shall take all actions necessary to preserve,maintain and protect the title of the Purchaser to the Proposition IA Receivable. (d)On or before the Closing Date,the Seller shall send (or cause to be sent)an irrevocable instruction to the Controller pursuant to Section 6588.6(c)of California Government Code to cause the Controller to disburse all payments of the Proposition IA Receivable to the Trustee,together with notice of the sale of the Proposition IA Receivable to the Purchaser and the assignment ofall or a portion ofsuch assets by the Purchaser to the Trustee.Such notice and instructions shall be in the form of Exhibit D hereto.The Seller shall not take any action to revoke or which would have the effect of revoking,in whole or in part,such instructions to the Controller.Upon sending such irrevocable instruction,the Seller shall have relinquished and waived any control over the Proposition IA Receivable,any authority to collect the Proposition IA Receivable,and any power to revoke or amend the instructions to the Controller contemplated by this paragraph.Except as provided in Section 2(c)of this Agreement,the Seller shall not rescind,amend or modify the instruction described in the first sentence of this paragraph.The Seller shall cooperate with the Purchaser or its assignee in giving instructions to the Controller if the Purchaser or its assignee transfers the Proposition IA Receivable.In the event that the Seller receives any proceeds of the Proposition IA Receivable,the Seller shall hold the same in trust for the benefit ofthe Purchaser and the Trustee and each Credit Enhancer, as assignees ofthe Purchaser,and shall promptly remit the same to the Trustee. (e)The Seller hereby covenants and agrees that it will not at any time institute against the Purchaser,or join in instituting against the Purchaser,any bankruptcy,reorganization, arrangement,insolvency,liquidation,or similar proceeding under any United States or state bankruptcy or similar law. (f)The financial statements and books and records ofthe Seller prepared after the Closing Date shall reflect the separate existence of the Purchaser and the sale to the Purchaser of the Proposition IA Receivable. (g)The Seller shall treat the sale of the Proposition IA Receivable as a sale for regulatory and accounting purposes. 8 (h)From and after the date of this Agreement,the Seller shall not sell,transfer, assign,set over or otherwise convey any right,title or interest of any kind whatsoever in all or any portion ofthe Proposition IA Receivable,nor shall the Seller create,or to the knowledge of the Seller permit the creation of,any Lien thereon. 7.The Purchaser's Acknowledgment.The Purchaser acknowledges that the Proposition IA Receivable is not a debt or liability of the Seller,and that the Proposition IA Receivable is payable solely by the State from the funds of the State provided therefor. Consequently,neither the taxing power of the Seller,nor the full faith and credit thereof is pledged to the payment of the Proposition IA Receivable.No representation is made by the Seller concerning the obligation or ability of the State .to make any payment of the Proposition lA Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5 of Article XIII of the California Constitution,nor is any representation made with respect to the ability of the State to enact any change in the law applicable to the Transaction Documents (including without limitation Section 100.06 of the Revenue and Taxation Code or Section 6588.6 of the Government Code).The Purchaser acknowledges that the Seller has no obligation with respect to any offering document or disclosure related to the Bonds. 8.Notices of Breach. (a)Upon discovery by the Seller or the Purchaser that the Seller or Purchaser has breached any of its covenants or that any ofthe representations or warranties ofthe Seller or the Purchaser are materially false or misleading,in a manner that materially and adversely affects the value of the Proposition IA Receivable or the Purchase Price thereof,the discovering party shall give prompt written notice thereof to the other party and to the Trustee,as assignee of the Purchaser,who shall,pursuant to the Indenture,promptly thereafter notify each Credit Enhancer and the Rating Agencies. (b)The Seller shall not be liable to the Purchaser,the Trustee,the holders of the Bonds,or any Credit Enhancer for any loss,cost or expense resulting from the failure of the Trustee,any Credit Enhancer or the Purchaser to promptly notify the Seller upon the discovery by an authorized officer of the Trustee,any Credit Enhancer or the Purchaser of a breach of any covenant or any materially false or misleading representation or warranty contained herein. 9.Liability of Seller;Indemnification.The Seller shall be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Seller under this Agreement.The Seller shall indemnify,defend and hold harmless the Purchaser,the Trustee and each Credit Enhancer,as assignees of the Purchaser,and their respective officers,directors, employees and agents from and against any and all costs,expenses,losses,claims,damages and liabilities to the extent that such cost,expense,loss,claim,damage or liability arose out of,or was imposed upon any such Person by the Seller's breach of any of its covenants contained herein or any materially false or misleading representation or warranty of the Seller contained herein.Notwithstanding anything to the contrary herein,the Seller shall have no liability for the payment ofthe principal ofor interest on the Bonds issued by the Purchaser. 9 10.Limitation on Liability.~ (a)The Seller and any officer or employee or agent of the Seller may rely in good faith on the advice ofcounselor on any document ofany kind,prima facie properly executed and submitted by any Person respecting any matters arising hereunder.The Seller shall not be under any obligation to appear in,prosecute or defend any legal action regarding the Act that is unrelated to its specific obligations under this Agreement. (b)No officer or employee of the Seller shall have any liability for the representations,warranties,covenants,agreements or other obligations of the Seller hereunder or in any of the certificates,notices or agreements delivered pursuant hereto,as to all of which recourse shall be had solely to the assets ofthe Seller. 11.The Seller's Acknowledgment.The Seller hereby agrees and acknowledges that the Purchaser intends to assign and grant a security interest in all or a portion of (a)its rights hereunder and (b)the Proposition lA Receivable,to the Trustee and each Credit Enhancer pursuant to the Indenture.The Seller further agrees and acknowledges that the Trustee,the holders ofthe Bonds,and each Credit Enhancer have relied and shall continue to rely upon each of the foregoing representations,warranties and covenants,and further agrees that such Persons are entitled so to rely thereon.Each of the above representations,warranties and covenants shall survive any assignment and grant of a security interest in all or a portion ofthis Agreement or the Proposition lA Receivable to the Trustee and each Credit Enhancer and shall continue in full force and effect,notwithstanding any subsequent termination of this Agreement and the other Transaction Documents.The above representations,warranties and covenants shall inure to the benefit ofthe Trustee and each Credit Enhancer. 12.Notices.All demands upon or,notices and communications to,the Seller,the Purchaser,the Trustee or the Rating Agencies under this Agreement shall be in writing, personally delivered or mailed by certified mail,return receipt requested,to such party at the appropriate notice address,and shall be deemed to have been duly given upon receipt. 13.Amendments.This Agreement may be amended by the Seller and the Purchaser,with (a)the consent ofthe Trustee,(b)the consent of each Credit Enhancer,and (c)a Rating Agency Confirmation,but without the consent of any ofthe holders of the Bonds,for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions ofthis Agreement. Promptly after the execution of any such amendment,the Purchaser shall furnish written notification of the substance of such amendment to the Trustee and to the Rating Agencies. 14.Successors and Assigns.This Agreement shall be binding upon and inure to the benefit of the Seller,the Purchaser and their respective successors and permitted assigns. The Seller may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent ofthe Purchaser.Except as specified herein,the Purchaser may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent ofthe Seller. 10 15.Third Party Rights.The Trustee and each Credit Enhancer are express and intended third party beneficiaries under this Agreement.Nothing expressed in or to be implied from this Agreement is intended to give,or shall be construed to give,any Person,other than the parties hereto,the Trustee,and each Credit Enhancer,and their permitted successors and assigns hereunder,any benefit or legal or equitable right,remedy or claim under or by virtue of this Agreement or under or by virtue ofany provision herein. 16.Partial Invalidity.If at any time any provisIOn of this Agreement is or becomes illegal,invalid or unenforceable in any respect under the law ofany jurisdiction,neither the legality,validity or enforceability of the remaining provisions of this Agreement nor the legality,validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby. 17.Counterparts.This Agreement may be executed in any number of identical counterparts,any set of which signed by all the parties hereto shall be deemed to constitute a complete,executed original for all purposes. 18.Entire Agreement.This Agreement sets forth the entire understanding and agreement of the parties with respect to the subj ect matter hereof and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter hereof. 11 19.Governing Law.This Agreement shall be governed by and construed in accordance with the laws ofthe State of California. IN WITNESS WHEREOF,the Seller and the Purchaser have caused this Agreement to be duly executed as of the date first written above. OTAY WATER DISTRICT,as Seller By:_ Authorized Officer CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY,as Purchaser By:_ Authorized Signatory 12 ·'I I.··...·.•·.....·. i i ;1 Ii II~! f f f r~I! J"! EXHIBIT A DEFINITIONS For all purposes ofthis Agreement,except as othetwise expressly provided herein or unless the context othetwise requires,capitalized terms not othetwise defined herein shall have the meanings set forth below. "Act"means Chapter 14XXXX ofthe California Statutes of 2009 (Assembly Bill No.15),as amended. "Bill of Sale"has the meaning given to that term in Section 2(b)(ii)hereof. "Closing Date"means the date on which the Bonds are issued.The Closing Date is expected to be November 19,2009,but the Purchaser may change the Closing Date by providing e-mail notification to jbeachem@otaywater.gov not later than one day prior to the Closing Date. "Controller"means the Controller ofthe State. "County Auditor"means the auditor or auditor-controller of the county within which the Seller is located. "Credit Enhancer"means any municipal bond insurance company,bank or other financial institution or organization which is performing in all material respects its obligations under any Credit Support Instrument for some or all ofthe Bonds. "Credit Support Instrument"means a policy of insurance,a letter of credit,a stand-by purchase agreement,a revolving credit agreement or other credit arrangement pursuant to which a Credit Enhancer provides credit or liquidity support with respect to the payment of interest,principal or purchase price ofthe Bonds. "Initial Amount"means,with respect to the Proposition lA Receivable,the amount of property tax revenue reallocated away from the Seller pursuant to the provisions of Section 100.06 ofthe Revenue and Taxation Code,as certified by the County Auditor pursuant to the Act. "Installment Payments"have the meaning set forth in Section 2(a). "Payment Dates"have the meaning set forth in Section 2(a). "Pricing Date"means the date on which the Bonds are sold.The Pricing Date is expected to be November 10,2009,but the Purchaser may change the Pricing Date by providing e-mail notification to jbeachem@otaywater.gov not later than one day prior to the Pricing Date. "Principal Place of Business"means,with respect to the Seller,the location ofthe Seller's principal place of business and chief executive office located at 2554 Sweetwater Springs Blvd,Spring VaHey,CA 91978. A-I "Proposition lA ReceivabLe"has the meaning set forth in Section 2(a). "Purchase Price"means an amount equal to the Initial Amount. "Rating Agency"means any nationally recognized rating agency then providing or maintaining a rating on the Bonds at the request ofthe Purchaser. "Rating Agency Confirmation"means written confirmation from each Rating Agency that any proposed action will not,in and of itself,cause the Rating Agency to lower, suspend or withdraw the rating then assigned by such Rating Agency to any Bonds. "Resolution"means the resolution adopted by the Board of Directors approving the sale of the Proposition LA Receivable. "State"means the State of California. "Transaction Counsel"means Orrick,Herrington &Sutcliffe LLP. "Transaction Documents"mean this Agreement,the Bill of Sale,the Indenture, the Bonds and the Irrevocable Instructions For Disbursement of Proposition LA Receivable of Otay Water District,dated as of the Closing Date. A-2 EXHIBIT Bl OPINION OF COUNSEL to OTAYWATERDISTRICT Dated:Pricing Date California Statewide Communities Development Authority Sacramento,California Wells Fargo Bank,National Association Los Angeles,California Re:Sale ofProposition 1A Receivable Ladies &Gentlemen: [I have/This Office has]acted as counsel for the Otay Water District (the "Seller") in connection with the adoption of that certain resolution (the "Resolution")of the Board of Directors of the Seller (the "Governing Body")pursuant to which the Seller authorized the sale to the California Statewide Communities Development Authority (the "Purchaser")of the Seller's "Proposition 1A Receivable",as defined in and pursuant to the Purchase and Sale Agreement dated as of November 1,2009 (the "Sale Agreement")between the Seller and the Purchaser.In connection with these transactions,the Seller has issued certain Irrevocable Instructions For Disbursement ofthe Seller's Proposition lA Receivable to the Controller ofthe State of California (the "Disbursement Instructions")and a Bill of Sale and Bringdown Certificate of the Seller (the "Bill of Sale"and,collectively with the Sale Agreement and the Disbursement Instructions,the "Seller Documents"). Unless the context otherwise requires,capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Sale Agreement.[I/We]have examined and are familiar with the Seller Documents and with those documents relating to the existence,organization,and operation of the Seller,the adoption of the Resolution,and the execution ofthe Seller Documents,and have satisfied ourselves as to such other matters as [IIwe] deem necessary in order to render the following opinions.As to paragraphs numbered 3 and 4 below,[IIwe]have relied as to factual matters on the representations and warranties ofthe Seller contained in the Sale Agreement. Based upon the foregoing,and subject to the limitations and qualifications set forth herein,[I/we]are ofthe opinion that: Bl-l 1.The Seller is a local agency,within the meaning of Section 6585(f)ofthe California Government Code.The Governing Body is the governing body of the Seller. 2.The Resolution was duly adopted at a meeting of the Governing Body, which was called and held pursuant to law and with all public notice required by law,and at which a quorum was present and acting throughout,and the Resolution is in full force and effect and has not been modified,amended or rescinded since the date of its adoption. 3.To the best of [my/our]knowledge,no action,suit,proceeding,inquiry or investigation,at law or in equity,before or by any court,public board or body,is pending or threatened in any way against the Seller (i)affecting the existence ofthe Seller or the titles of its Governing Body members or officers to their respective offices;(ii)seeking to restrain or to enjoin the sale of the Proposition lA Receivable or to direct the application of the proceeds of the sale thereof,or materially adversely affecting the sale of the Proposition IA Receivable;(iii) in any way contesting or affecting the validity or enforceability of the Resolution,Seller Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents;or (iv)in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Seller Documents or any other applicable agreement,or any action on the part of the Seller contemplated by any ofsaid documents. 4.To the best of [my/our]knowledge,prior to the sale ofthe Proposition lA Receivable to the Purchaser,the Seller had not sold,transferred,assigned,set over or otherwise conveyed any right,title or interest of any kind whatsoever in all or any portion of the Seller's Proposition lA Receivable,nor had the Seller created,or permitted the creation of,any Lien thereon. 5.The Seller has duly authorized and executed the Seller Documents and, assuming the due authorization execution and delivery of the Sale Agreement by the Purchaser, each Seller Document will be legal,valid and binding against the Seller and enforceable against the Seller in accordance with its terms,except as enforcement may be limited by bankruptcy, insolvency,reorganization,fraudulent conveyance,moratorium or laws relating to or affecting creditors'rights,and the application of equitable principles and the exercise ofjudicial discretion in appropriate areas. No opinion is expressed concerning the obligation or ability of the State of California to make any payment of the Proposition IA Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5 of Article XIII of the California Constitution, nor is any opinion expressed with respect to the ability of the State to enact any change in the law applicable to the Seller Documents (including,without limitation,Section 100.06 of the Revenue and Taxation Code or Section 6588.6 of the Government Code).Furthermore,[I/we] express no opinion as to the value of the Proposition lA Receivable or as to any legal or equitable remedies that may be available to any person should the Proposition lA Receivable have little or no value.No opinion is expressed with respect to the sale of Bonds by the Purchaser. BI-2 The legal opinion set forth herein is intended for the information solely of the addressees hereof and for the purposes contemplated by the Sale Agreement.The addressees may not rely on it in connection with any transactions other than those described herein,and it is not to be relied upon by any other person or entity,or for any other purpose,or quoted as a whole or in part,or otherwise referred to,in any document,or to be filed with any governmental or administrative agency other than the Purchaser or with any other person or entity for any purpose without [my/our]prior written consent.In addition to the addressees hereof,each Credit Enhancer and the underwriters of the Bonds may rely upon this legal opinion as if it were addressed to them.[I/We]do not undertake to advise you of matters that may come to [my/our] attention subsequent to the date hereof that may affect the opinions expressed herein. Very truly yours, By:_ Seller's Counsel Bl-3 EXHIBIT B2 OPINION OF COUNSEL to OTAY WATER DISTRICT Dated:Closing Date California Statewide Communities Development Authority Sacramento,California Wells Fargo Bank,National Association Los Angeles,California Re:Sale ofProposition 1A Receivable CBringdown Opinion) Ladies &Gentlemen: Pursuant to that certain Purchase and Sale Agreement dated as of November 1, 2009 (the "Sale Agreement")between the Otay Water District (the "Seller")and the California Statewide Communities Development Authority (the "Purchaser"),this Office delivered an opinion (the "Opinion")dated the Pricing Date as counsel for the Seller in connection with the sale of the Seller's Proposition 1A Receivable (as defined in the Sale Agreement),the execution ofdocuments related thereto and certain other related matters. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Sale Agreement. I confirm that you may continue to rely upon the Opinion as ifit were dated as of the date hereof.Each Credit Enhancer and the underwriters of the Bonds may rely upon this legal opinion as if it were addressed to them.This letter is delivered to you pursuant to Section 2(b)(ii)(1)ofthe Sale Agreement. Very truly yours, By:_ Seller's Counsel B2-1 EXHIBIT Cl CLERK'S CERTIFICATE CERTIFICATE OF THE SECRETARY OF OTAY WATER DISTRICT,CALIFORNIA Dated:Pricing Date The undersigned Secretary ofthe Otay Water District (the "Seller"),a local agency ofthe State of California within the meaning of Section 6585(f)of the California Government Code, does hereby certify that the foregoing is a full,true and correct copy of Resolution No. ______duly adopted at a regular meeting ofthe Board of Directors ofsaid Seller duly and legally held at the regular meeting place thereof on the day of _ 2009,of which meeting all of the members of said Board of Directors had due notice and at which a quorum was present and acting throughout,and that at said meeting said resolution was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: I do hereby further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office and that said resolution is a full,true and correct copy of the original resolution adopted at said meeting and entered in said minutes and that said resolution has not been amended,modified or rescinded since the date of its adoption and the same is now in full force and effect. I do hereby further certify that an agenda of said meeting was posted at least 72 hours before said meeting at a location in the [City /Town /County]of Spring Valley,California freely accessible to members of the public,and a brief general description of said resolution appeared on said agenda. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Purchase and Sale Agreement,dated as of November 1,2009,between the Seller and the California Statewide Communities Development Authority. WITNESS by my hand as ofthe Pricing Date. By: Secretary ofthe Otay Water District, California Cl-l EXHIBIT C2 SELLER CERTIFICATE SELLER CERTIFICATE Dated:Pricing Date We,the undersigned officers of the Otay Water District (the "Seller"),a local agency of the State of California within the meaning of Section 6585(f)of the California Government Code,holding the respective offices herein below set opposite our signatures,do hereby certify that on the date hereof the following documents (the "Seller Transaction Documents")were officially executed and delivered by the Authorized Officer or Officers whose names appear on the executed copies thereof,to wit: Document 1.Purchase and Sale Agreement,dated as ofNovember 1,2009 (the "Sale Agreement"),between the Seller and the California Statewide Communities Development Authority (the "Purchaser"). 2.Irrevocable Instructions For Disbursement ofSeller's Proposition lA Receivable to the Controller ofthe State of California,dated the Closing Date. 3.Bill ofSale,dated the Closing Date. Capitalized terms used herein and not defined herein shall have the meaning given such terms in the Sale Agreement. We further certify as follows: 1.At the time of signing the Seller Transaction Documents and the other documents and opinions related thereto,we held said offices,respectively,and we now hold the same. 2.The representations and warranties of the Seller contained in the Seller Transaction Documents are true and correct as ofthe date hereof in all material respects. 3.The Board of Directors duly adopted its resolution (the "Resolution")approving the sale of the Seller's Proposition lA Receivable at a meeting of the Board of Directors which was duly called and held pursuant to law with all public notice required by law and at which a quorum was present and acting when the Resolution was adopted,and such Resolution is in full force and effect and has not been amended,modified,supplemented or rescinded. C2-1 genume. Dated:Pricing Date I HEREBY CERTIFY that the signatures of the officers named above are Name,Official Title Mark Watton,General Manager Joseph Beachem,ChiefFinancial Officer Signature iiIi,t:R: Ii:p,t:k,r I f:: I f r'~~ By: Secretary of the Otay Water District, California C2-2 EXHIBIT C3 BILL OF SALE AND BRINGDOWN CERTIFICATE BILL OF SALE AND BRlNGDOWN CERTIFICATE Pursuant to terms and conditions of the Purchase and Sale Agreement (the "Sale Agreement"),dated as of November 1,2009,between the undersigned (the "Seller")and the California Statewide Communities Development Authority (the "Purchaser"),and in consideration of the obligation of the Purchaser to pay and deliver to the Seller the Purchase Price (as defined in the Sale Agreement),in two equal installment payments to be made on January 15,2010,and May 3,2010 (collectively,the "Payment Dates"),the Seller does hereby (a)transfer,grant,bargain,sell,assign,convey,set over and deliver to the Purchaser,absolutely and not as collateral security,without recourse except as expressly provided in the Sale Agreement,the Proposition 1A Receivable as defined in the Sale Agreement (the "Proposition lA Receivable"),and (b)assign to the Purchaser,to the extent permitted by law (as to which no representation is made),all present or future rights,if any,of the Seller to enforce or cause the enforcement of payment of the Proposition lA Receivable pursuant to the Act and other applicable law.Such transfer,grant,bargain,sale,assignment,conveyance,set over and delivery is hereby expressly stated to be a sale and,pursuant to Section 6588.6(b)of the California Government Code,shall be treated as an absolute sale and transfer of the Proposition lA Receivable,and not as a grant of a security interest by the Seller to secure a borrowing. Seller specifically disclaims any right to rescind the Agreement,or to assert that title to the Proposition lA Receivable has not passed to the Purchaser,should Purchaser fail to make the installment payments in the requisite amounts on the Payment Dates. The Seller hereby certifies that the representations and warranties ofthe Seller set forth in the Certificate of the Secretary dated the Pricing Date,the Seller Certificate dated the Pricing Date and in the Transaction Documents to which the Seller is a party are true and correct in all material respects as ofthe date hereof(except for such representations and warranties made as of a specified date,which are true and correct as of such date).Capitalized terms used but not defined herein shall have the meanings given to such terms in the Sale Agreement. Dated:Closing Date OTAY WATERDISTRlCT By:_ Authorized Officer C3-1 EXHIBIT D IRREVOCABLE INSTRUCTIONS TO CONTROLLER IRREVOCABLE INSTRUCTIONS FOR DISBURSEMENT OF PROPOSITION lA RECEIVABLE OF OTAY WATER DISTRICT Dated:Closing Date Office of the Controller State ofCalifornia P.O.Box 942850 Sacramento,California 94250-5872 Re:Notice of Sale ofProposition 1A Receivable by the Otay Water District and Wiring Instructions Information Form Dear Sir or Madam: Pursuant to Section 6588.6(c)of the California Government Code,Otay Water District (the "Seller")hereby notifies you of the sale by Seller,effective as of the date of these instructions written above,of all right,title and interest of the Seller in and to the "Proposition 1A Receivable"as defined in Section 6585(g)of the California Government Code (the "Proposition 1A Receivable"),namely,the right to payment ofmoneys due or to become due to the Seller pursuant to Section 25 .5(a)(1)(B)(iii)ofArticle XIII of the California Constitution and Section 100.06 ofthe California Revenue and Taxation Code. By resolution,the Seller's Board of Directors authorized the sale of the Proposition 1A Receivable to the California Statewide Communities Development Authority (the "Purchaser")pursuant to a Purchase and Sale Agreement,dated as of November 1,2009 (the "Purchase and Sale Agreement")and a Bill of Sale,dated the Closing Date (as defined in the Purchase and Sale Agreement).The Proposition 1A Receivable has been pledged and assigned by the Purchaser pursuant to an Indenture,dated as of November 1,2009 (the "Indenture") between the Purchaser and Wells Fargo Bank,National Association,as Trustee (the "Trustee"). The Seller hereby irrevocably requests and directs that,commencing as of the date of these instructions written above,all payments of the Proposition 1A Receivable (and documentation related thereto)be made directly to Wells Fargo Bank,National Association,as Trustee,in accordance with the wire instructions and bank routing information set forth below. Please note that the sale of the Proposition lA Receivable by the Seller is irrevocable and that:(i)the Seller has no power to revoke or amend these instructions at any time;(ii)the Purchaser shall have the power to revoke or amend these instructions only if there are no notes ofthe Purchaser outstanding under the Indenture and the Indenture has been discharged;and (iii)so long as the Indenture has not been discharged,these instructions cannot be revoked or amended by the Purchaser without the consent ofthe Trustee.Should D-1 the Purchaser,however,deliver a written notice to the Office ofthe Controller stating that: (a)the Seller failed to meet the requirements set forth in the Purchase and Sale Agreement; (b)the Purchaser has not waived such requirements;and (c)the Purchaser has notpurchased the Proposition 1A Receivable as a result ofthe circumstances described in (a)and (b)above, then these instructions shall be automatically rescinded and the Seller shall again be entitled to receive all payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii)of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. Bank Name: Bank ABA Routing #: Bank Account #: Bank Account Name: Further Credit To: Bank Address: Bank Telephone #: Bank Contact Person: Wells Fargo Bank,N.A. 121000248 0001038377 Corporate Trust Clearing CSCDA Proposition lA Bonds 707 Wilshire Blvd.,17th Floor MAC E2818-176 Los Angeles,CA 90017 (213)614-3353 Robert Schneider Please do not hesitate to call the undersigned ifyou have any questions regarding this transaction.Thank you for your assistance in this matter. Very truly yours, OTAY WATER DISTRICT By:_ Authorized Officer D-2 !I EXHIBIT E ESCROW INSTRUCTION LETTER ESCROW INSTRUCTION LETTER ___________,2009 California Statewide Communities Development Authority 1100 K Street Sacramento,CA 95814 Re:Proposition 1A Receivable Financing Dear Sir or Madam: The Otay Water District (the "Seller")hereby notifies you of its agreement to participate in the California Statewide Communities Development Authority Proposition 1A Receivable Financing.By adoption of a resolution (the "Resolution")authorizing the sale of its Proposition lA Receivable,the Seller's Board of Directors has agreed to sell to the California Statewide Communities Development Authority (the "Purchaser"),for a purchase price that meets the conditions set forth in the Resolution,all of its right,title and interest in the Proposition lA Receivable. Enclosed herewith are the following documents which have been duly approved and executed by the Seller and which are to be held in escrow by Orrick,Herrington & Sutcliffe LLP,as transaction counsel ("Transaction Counsel"),as instructed below: 1.certified copy of the Resolution,together with a certificate of the Secretary, dated the Pricing Date; 2.the Seller Certificate,dated the Pricing Date; 3.the Opinion of Seller's Counsel,dated the Pricing Date; 4.the Opinion of Seller's Counsel (bringdown opinion),dated the Closing Date; 5.the Purchase and Sale Agreement,dated as ofNovember 1,2009; 6.the Bill of Sale and Bringdown Certificate,dated the Closing Date;and 7.the Irrevocable Instructions to Controller,dated the Closing Date. The foregoing documents are to be held in escrow by Transaction Counsel and shall be delivered on the Closing Date (as defined in the Purchase and Sale Agreement), provided that such Closing Date occurs on or before December 31,2009. E-1 Should (i)the Closing Date not occur on or berfore December 31,2009,or (ii) Transaction Counsel receive prior to the Closing Date written notification from Seller or Seller's Counsel stating,respectively and in good faith,that the representations made in the Seller's Certificate are not true and accurate,or the opinions set forth in the Opinion of Seller's Counsel are not valid,in each case as ofthe Closing Date and provided that the Purchaser may,in its sole discretion,choose to waive receipt of such representations or opinions,then this agreement shall terminate and Transaction Counsel shall destroy all ofthe enclosed documents. Very truly yours, OTAY WATER DISTRICT By:_ Authorized Officer Enclosures cc:Orrick,Herrington &Sutcliffe LLP E-2 I ATTACHMENT D CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY REVENUE BONDS (STATE OF CALIFORNIA PROPOSITION 1A RECEIVABLES PROGRAM) SERIES 2009 CERTIFICATE OF THE SELLER RE: COMPONENTS OF PROPOSITION 1A RECEIVABLES The undersigned,an Authorized Officer ofthe Otay Water District (the "Seller")hereby certifies as follows with respect to that certain Purchase and Sale Agreement,dated as of November 1,2009 (the "Agreement"),by and between the Seller and the California Statewide Communities Development Authority (the "Purchaser")as follows (all capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Agreement): 1.The components (the "Components")of the Proposition 1A Receivable listed in Schedule I,attached hereto and incorporated herein by reference,belong to the Seller; 2.The Components are listed as they appear on the certification of the County Auditor pursuant to Section 100.06 ofthe Revenue and Taxation Code; 3.By entering into the Agreement,the Seller is selling the Proposition 1A Receivable,including all Components thereoflisted in Schedule I; 4.The Seller acknowledges that the Purchase Price of the Proposition 1A Receivable will be equal to aggregate the Initial Amounts of each Component as each such Component is separately certified by the County Auditor;and 5.The funds or other entities listed as Components in Schedule I (other than the Seller itself)are not independent legal entities with the power to enter into contracts. Dated:Pricing Date OTAY WATER DISTRICT By:--------------Authorized Officer Component Certificate ofOtay Water District ACKNOWLEDGEMENT OF SELLER'S COUNSEL The undersigned,counsel to the Seller hereby acknowledges and confirms that the statements in paragraphs I and 5 ofthis certificate are legally correct. Seller's Counsel By:_ 2 Component Certificate ofOtay Water District SCHEDULE I COMPONENTS OF PROPOSITION lA RECEIVABLE N ames ofComponents Otay Water District Schedule I Component Certificate ofOtay Water District 5TAFF REPORT AGENDA ITEM 7a TYPE MEETING:Regular Board Meeting SUBMITTED BY:Mark Watton, General Manager MEETING DATE: W.O.lG.F.NO: November 4,2009 DIV.NO. SUBJECT:Board of Directors 2009 Calendar of Meetings GENERAL MANAGER'S RECOMMENDATION: At the request of the Board,the attached Board of Director's meeting calendar for 2009 is being presented for discussion. PURPOSE: This staff report is being presented to provide the Board the opportunity to review the 2009 Board of Director's meeting calendars and amend the schedules 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. Attachments:Calendar of Meetings for 2009 G:IUserDatalDistSeclWINWORDISTAFRPTSlBoard MeetingCalendar IO-7-09.doc Regular Board Meetings: January 7,2009 February 4,2009 March 4,2009 April 1,2009 May 13,2009 June 3,2009 July 1,2009 August 5,2009 September 2,2009 October 7,2009 November 4,2009 December 2,2009 Board Workshops: Board of Directors,Workshops and Committee Meetings 2009 Special Board or Committee Meetings (3fd Wednesday ofEach Month or as Noted) January 21,2009 February 18,2009 March 18,2009 April 22,2009 May 20,2009 June 17,2009 July 22,2009 August 19,2009 September 23,2009 October 21,2009 November 18,2009 December 16,2009 Budget Workshop,May 21,2009 Board Retreat Workshop,April 28,2009 G:\UserData\DistSec\WINWORD\STAFRPTS\Board Meeting Calendar Attach A for 2009 1O-7-09.doc Page 1 of 1 AGENDA ITEM Sa STAFF REPORT I Ii f! I'I I November 4,2009 AllDIV.NO. Regular Board MEETING DATE: ~W.O.lG.F.NO: JoSeph~e~hem,Chief Financial Officer German ~,Assistant General Manager,Administration and Finance SUBMITTED BY: TYPE MEETING: APPROVED BY: (Chief) APPROVED BY: (Asst.GM): SUBJECT:Informational Item Discussing the Ongoing Monitoring of the Water Rate Forecast GENERAL MANAGER'S RECOMMENDATION: That the Board receives this informational item regarding the ongoing monitoring of the water rate forecast. COMMITTEE ACTION: Please see Attachment A. PURPOSE: To inform the Board of the ongoing monitoring of the water rate forecast. ANALYSIS: As a result of the greater than expected downturn in water sales,staff was prompted to reevaluate the rate forecast.The primary tool for this is the District's six-year rate model. Rates are projected such that the District's financial strength is maintained in all six years.This means that the debt coverage ratios remain strong and all reserve targets are met. The model was updated for numerous variables,with an end result that shows the projected necessary rate increase to maintain financial strength is expected to be very close to or slightly lower than the prior projection of 19.9%. As there are many other variables that will be updated in the next budget process,the slight reduction is encouraging. Having said this,it is too early to modify the expectations of the customers. Sales Volume Reduction One of the most significant variables in the rate model is water sales.Staff has initiated numerous processes to increase the monitoring of sales.Using a new daily report,which shows potable and reclaimed sales along with budgeted sales,staff has seen that the conservation levels have started to moderate. Sales at the end of the first month were below budget by 12%. This increased to 13%by the end of August.This trend reversed itself in September with sales moving above budget,bringing the sales deficit down to 8%below budget. This report is monitored closely not just to evaluate the projected sales but also to monitor how well the District is doing compared to the CWA water allocation.At the end of the first quarter,Otay's water purchases are 19.7%below the allocation levels.Staff estimates that it is very unlikely sales volumes will change in such a dramatic fashion such that the District would be at risk of paying the penalty pricing. Rate Model Update The updated rate model is encouraging as it takes into account a number of variables which put upward pressure on rates.Even with these pressures,the overall change was slightly down.In the list below,numerous modifications that put downward pressure on rates are listed along with those that put upward pressure on rates. •Adj ustments Reducing Rates •Cash Reserves Updated •Meter Sales are Up •Reduction and Deferral of the Debt Issuance •CIP Update •CWA Rate Correction •September/October Rate Increase •Legal Settlement •Adjustments Increasing Rates •Prop 1A Amount Modification •10.7%Additional Conservation •CWA September 1st Increase •20,000 AFT Desal Fiscal 2012 •Reclaimed Price Increase July 2010 •Customer Credits Ongoing Conservation This updated rate model takes into account some significant negative impacts to the District.One of the most significant is the substantial level of conservation set at 10.7%below budget,with additional 2%conservation in each of the next two years.This level appears to be moderately aggressive based on September sales rebounding to greater than budgeted levels. Having said this,it is reasonable to estimate that sales volumes will again drop with the new pricing signals and it is also reasonable that the water shortages will not abate in the near future,placing continued pressure on customers to conserve. Reclaimed Water Purchase Price Another significant variable is the reclaimed price increases. Staff took a very adverse stance on this variable and used the reclaimed rates shown in the City's recently released draft study.While staff estimates that this rate will not be realized due to the unreasonable approach of treating the District as a retail customer as opposed to a wholesale customer,staff wanted to see rates if this scenario is realized. Deferral of Debt Issuance Another significant change is the reduction and deferral of the planned COPS debt issuance.The prior estimate was that $41 million was necessary to fund the next two years of ClP projects.With the new Engineering estimates and the higher than expected reserve level,the funding requirement has been reduced to $25 million.Also significant is that almost all of this funding is not needed until the 2011 fiscal year.Staff is evaluating the pros and cons of deferring the debt issuance for one year.The primary benefit is that the District does not hold unneeded funds for one year while it pays interest.This early issuance strategy puts a significant requirement onto rates in an already financially difficult year.The primary negative is that interest rates are expected to increase during that year,which would increase the overall cost of a deferred issuance.Staff is working on the various scenarios and will be presenting this to the Board in the near future. Optional Timing of the Rate Increase A positive that has been highlighted by this rate model evaluation is the option for the Board,while maintaining strong debt coverage ratios,to increase rates in October of 2010 instead of waiting until January 2011 and by doing so reduces the next rate increase by a sizable amount.A fair portion of this reduced increase will be shifted to the subsequent year thereby smoothing out the rate impact to the customer. Ongoing Assessments The next budget cycle presents continued challenges.As staff gets closer to the budget cycle,significant efforts will be made to continue cost saving measures.It is also expected that the annual request to transfer funds will have sizable changes due to significant economic changes.Staff will continue to evaluate various rate model scenarios as the budget cycle approaches and as various economic factors become more clear. Any significant changes that present substantial challenges to the District will be brought forward for the Board's consideration. FISCAL IMPACT: None. STRATEGIC GOAL: Through well-established financial policies and wise management of funds,the District will continue to guarantee fiscal responsibility to its ratepayers and the community at large. Attachments: A)Committee Action Form B)Presentation It I! I ATTACHMENT A Informational Item Discussing the Ongoing Monitoring of the SUBJECT/PROJECT:Water Rate Forecast COMMITTEE ACTION: The Finance,Administration and Communications Committee reviewed this item at a meeting on October 19,2009 and the following comments were made: •Due to a reduction in water sales this fiscal year,staff was prompted to evaluate the water rates earlier in the year than is typical.The lower sales volume is due to the: Economic Recession Conservation Messages Pricing Signals Cool Weather • When rates are evaluated,staff assures that the District's .financial strength is maintained at the same level in all six years.That is,that the District's debt coverage ratios remain strong and all reserve targets are met. •The rate model was updated for various variables and it is projected that the rate increase will be very close 19.9% which is what staff had projected during the last budget cycle. •Staff indicated the items that staff considered in the rate model to determine rates which included: -Adjustments Reducing Rates: o Cash reserves updated o Meter sales are up (Currently,sales are double than what was projected.) o Annual debt issuances o CIP update •Engineering revised its CIP budget due to the downturn in the economy and was able to push projects out which reduced the total debt required to be issued this fiscal year. o CWA rate correction Y:\Board\CurBdPkg\FINANCE\CommMtgRateProjectionsll0409.doc • • o September/October rate increase o Legal settlement Adjustments Increasing Rates: o Prop lA amount modification o 10.7%additional water conservation o CWA September 1,2009 increase o 20,000 AF of desalinated water to be available in 2012 o Reclaimed water price increase effective July 2010 o Customer credits (The credits issued totaled $771,000 which will be offset by the legal settlement.) It was discussed that water sales at the end of July 2009 was 12%below budget and in August it was 13%below budget.In September,sales were over budget,which brought sales to approximately 8%below budget.(It was noted that,as of October 19,sales were 7.3%below budget.) CWA has implemented an allocation program and if the District's water purchase is more than its allotted amount, the penalty is twice or three times the water rate.Staff indicated at the end of the first quarter of the Fiscal Year, the District is 19.7%below its CWA allocation. •The committee inquired how the lower sales have been affecting CWA.It was indicated that CWA will be presenting that information on Thursday,October 22,2009,at their board meeting. •It was discussed that staff is actively watching the budget and would present another update in June 2010. Following the discussion,the committee supported presentation to the full board as an informational item. Rate Forecasting November 4,2009 Attachment B eee'eee.ee •• e ••e••ee eeeee Factors Prompting an Updated Rate Forecast •Sales Volume is Down •Economic Recession •Conservation Messages Pricing Signals •Cool Weather Potential EI Nino •Volume of water sold is 8%lower than budgeted. ••••••••••••••••••••••••• Water Sales Volume ••••••••••••••••••••6,000,000 .,---------------------------------------L---:=....::!!<.....::!!!<.....i 5,000,000 +-----------------------------------":l.ir.lJ..e:s...-.------::;;JII1L-.>...--~_----I 4,000,000 +------------------------------=-~--~~------------I 13%Below Budgeted Sales 3,000,000 +--------------------~~-~~--------------------I 2,000,000 +-----------------:J'-~~=-----------------------------l 12%Below Budgeted Sales 1,000,000 +----------J~!::.------------------------------------I 10/1/099/1/098/1/09 o -C~:...-------------r__------------~-------------r 7/1/09 CWA Potable Allocation ••••••••••••••••••••••••• •CWA has implemented an allocation program.If the District purchases more than the allotted amount then the District pays for the water at a much higher penalty price . •At the end of the first quarter,the District is 19.7%below the allocation. Rate Model Considerations ••••••••••••••••••••••••• •Staff Reviews •Historical factors not matching model projections. •Future projections that no longer match model projections. •Factors controlled by the District. Factors controlled by other parties. •Factors changing with economic changes. •Factors changed by potential contracts. Rate Model Considerations •Adjustments Reducing Rates •Cash Reserves Updated •Meter Sales are Up •Annual Debt Issuances •CIP Update •CWA Rate Correction •September/October Rate Increase •Legal Settlement •Adjustments Increasing Rates •Prop 1A Amount Modification •10.70/0 Additional Conservation •CWA September 1st Increase •20,000 aft Desai Fiscal 2012 •Reclaimed Price Increase July 2010 •Customer Credits ••••••••••••••••••••••••• Continued Monitoring & Evaluation ••••••••••••••••••••••••• •During the next budgeting cycle staff expects the following changes: •Staffing Projections •CWAlMWD Rate Changes Energy Costs •Materials &Administrative Costs •Additional CIP Adjustments Growth Projections •Interest •Debt Financings Ongoing Assessments •While the initial revisions to the rate model are encouraging,it is too early to change expectations. ••••••••••••••••••••••••• AGENDA ITEM 8b STAFF REPORT This is an informational item. November 4,2009 DIV.NO.W.O.lG.F.NO: MEETING DATE: inistrative ral Manager,Finance and Administration Information Regarding Contracting Non-Core District Services Regular Board Kelli Williamson~\jJ Human Resources Manager Rom Sarno, GENERAL MANAGER'S RECOMMENDATION: SUBMITTED BY: APPROVED BY: (Asst.GM): SUBJECT: APPROVED BY: (Chief) TYPE MEETING: COMMITTEE ACTION: See Attachment A. PURPOSE: At the Budget Workshop held on May 21,2009,the Board of Directors requested further information regarding contracting out of non-core services and the resulting cost-savings realized by the District. This report provides a summary of many of the changes that have been implemented in the past several years. ANALYSIS: In order to enhance efficiencies and reduce costs,Staff has looked for opportunities to outsource non-core functions in several areas that have resulted in a savings to the District.Often it is difficult to quantify the savings due to the services covering only a portion of a full-time equivalent (FTE)position.However,over the long term it enables the District to reduce the need for additional positions. Some examples of complete programs that have been outsourced are easier to quantify.For example,in 2005,the District outsourced the landscaping function.The District was able to move the four FTE positions to other core areas that were experiencing growth and required additional resources in lieu of adding four additional employees (one each to Lead Meter Maintenance Worker,Meter Maintenance/Cross Connection Worker,Recycled Water Distribution Operator and Water Systems Operator).Based on a review of those positions today,the District~continues to realize a savings of approximately $172,000 per year.In addition,in 2004 the District outsourced the janitorial services which included washing of District vehicles.The District was able to move the two FTE positions to other areas (one to Building Maintenance Assistant and one to Water Systems Operator).Based on a review of those positions today,the District continues to realize a savings of approximately $61,000 per year. Some other non-core duties that have been contracted out to enhance efficiencies and eliminate the need for additional staffing are as follows: •Meter clean out work was contracted out and is no longer being conducted by our meter reading staff,allowing more reads per meter reader. •AMR meter installations are performed by a contractor.This has both significantly reduced the cost per meter replacement and sped up the replacement process.This has resulted in a savings of approximately $50,000 per year. •Implementation of new fleet management program has allowed us to reduce costs and staffing.One mechanic position was eliminated in FY09 resulting in an ongoing annual savings of approximately $105,000. •Outsourcing of after-hour security response.After-hour alarms are handled by a security firm that is trained and equipped to respond and investigate security alarms.This has eliminated the need to have Otay staff respond from home or be diverted from other tasks.This has not only been more cost-effective but has also eliminated the risk of exposing staff to those situations. •Outsourcing of after-hour monitoring of the Information Technology (IT)Network has not only improved the security of our systems and records but it is also significantly less expensive than adding staff with very specific training and certifications to manage this ever-changing technology. •Credit card payment processing has saved us about .60 of an FTE position by not having our staff process payments directly and having an outside company provide this service at a much less expensive rate.In addition,the credit card fees were transitioned to the customers,saving the District additional funds.Overall,this is equivalent to approximately $100,000 cost savings per year. 2 t~.' •Remittance processing services have eliminated the need for the District to add one FTE position,eliminated maintaining costly equipment,and major problems associated with Workers' Compensation claims from employee repetitive motion injuries. This is equivalent to approximately $90,000 cost savings per year. •The bill and file printing of customer invoices was outsourced at a significant savings in staff costs and equipment and improved options for services. •Automatic out-dialing has eliminated the need for customer service staff to make calls and is significantly less expensive and provides increased flexibility on hours and days the calls can be made. •Transfer of Water Conservation staff and administrative responsibility for managing the Garden has eliminated 3.8 FTE positions and continued subsidy by Otay of other conservation garden programs.The District provided approximately $132,000 per year in-kind services for the Garden at the time the District was the host agency. •Records room support which includes preparation, scanning,processing,storage,and destruction of official records has been outsourced to a records firm.This along with automation of records process has allowed us to not fill one FTE position and has significantly streamlined our records program.This is equivalent to approximately $90,000 cost- savings per year. •Potable and recycled water plan checking and inspection services for on-site recycled water systems are completed by an engineering firm.One full-time Engineering Technician was eliminated.This is equivalent to approximately $102,000 cost savings per year. •Beginning in January 2009,the District began using temporary employment services for Senior Civil Engineer duties.Although the costs are similar,by using temporary employment services, the District is able to better manage costs because as work fluctuates,the District can modify the hours a temporary employee is used. 3 FISCAL IMPACT: Redirecting Resources to areas with increased workload As part of its succession plan the District evaluates each current or anticipated vacancy to determine if the position should be filled as classified or moved to another area of greater priority and workload.This has resulted in several positions being either eliminated or reassigned to other departments/needs.Some examples include: •Two Water System Operators to SCADA Technician and Assistant Disinfection Technician •Accounting Assistant (Accounts Payable)to Customer Service Representative •Program and Systems Support Analyst to GIS Programmer/Analyst •Water Systems Supervisor to Lead Recycled Water Distribution Operator •Water Systems Technician to Lead Reclamation Operator •Human Resources Analyst to Water Conservation Specialist •Engineering Technician I to Customer Service Representative I •Associate Civil Engineer to Environmental Compliance Specialist •Office Assistant (Engineering)to Customer Service Representative I ~;?/"'("',/ Although not all items are easily quantified in the analysis section,those with listed cost-savings are summarized in the chart below: Type of Service Cost- Savings Landscaping $172,000 Janitorial Services $61,000 AMR Meter Installations $50,000 Fleet Mgmt.Program $105,000 Credit Card Payment Processing $100,000 Remittance Processing $90,000 In-Kind Support for $132,000 Conservation Garden Records Room Support $90,000 Plan Checking $102,000 TOTAL $902,000 4 STRATEGIC GOAL: 1.Optimize the District's Operating Efficiency. 2.Review Staffing Plan Needs. LEGAL IMPACT: Attachment A -Committee Action 5 SUBJECT/PROJECT: ATTACHMENT A Information Regarding Contracting Non-Core Services COMMITTEE ACTION: The Finance,Administration and Communications Committee reviewed this item at a meeting on October 19,2009 and the following comments were made: •Staff wished to provide an update on the savings that the District has realized from contracting out non-core services. • • • To enhance efficiency and reduce costs,staff has looked for opportunities to outsource non-core functions.It is difficult to determine actual cost savings as services generally only cover a portion of a full-time equivalent (FTE) position.However,over the long term,outsourcing has enabled the District to reduce the need for additional positions. The District does have some examples of complete programs that have beeri outsourced which are easier to quantify.In 2005, the District outsourced the landscaping function and was able to move four FTE positions to other core functions that were experiencing growth (Lead Meter Maintenance Worker,Meter Maintenance/Cross Connection Worker,Recycled Water Distribution Operator and Water Systems Operator).The District has realized savings of $172,000 per year by reallocating the four employees. The District also outsourced janitorial services in 2004 and reallocated two employees to other areas (Building Maintenance Assistant and Water Systems Operator)and realized savings of $61,000 annually. •Other non-core duties which have been contracted out to enhance efficiency and eliminate the need for additional staffing include: Installation of AMR meters which provides a savings of approximately $50,000 per year. Implementation of a fleet management program which has reduced costs and staffing needs.One mechanic position was eliminated which has resulted in an ongoing annual savings of approximately $105,000. Following the discussion,the committee supported presentation to the full board as an informational item. • Remittance processing services have been outsourced and provide an annual cOBt savings of $90,000. Records room support has been outsourced which provides savings of $90,000 annually. Potable and recycled water plan checking and inspection services for a yearly cost savings of $102,000. Reference staff report for other examples. As a standard process,staff evaluates every vacancy to determine if the position should be filled,moved to another area,or can be outsourced to increase efficiency and reduce costs while maintaining service.l II I AGENDA ITEM Be STAFF REPORT November 4,2009 DIV.NO. MEETING DATE: W.O.lG.F.NO: TYPE MEETING:Regular Board SUBMITTED BY: Strategic Planning APPROVED BY: (Chief) APPROVED BY: (Asst.GM): SUBJECT: German ~llfti~ez,Assistant General Manager,Finance and Admini~on FY 2009 Strategic Plan and Performance Measures Report and Report on AWWA Self-Assessment Survey GENERAL MANAGER'S RECOMMENDATION: No recommendation.This is an informational item only. COMMITTEE ACTION: See "Attachment A". PURPOSE: To provide a fiscal year-end report on the District's Strategic Performance Plan. ANALYSIS: The District has completed the first year of the Strategic Plan for FY 2009 to FY 2011.Overall,results continue to be positive with the District exceeding its target for both strategic plan objectives (at least 90%complete or on track)and performance measures (at least 75%on target).Detailed information on each objective and measure is also available electronically on the Board Extranet Looking at these results in more detail: Strategic Plan Objectives-Changing to Meet Future Needs Strategic plan objectives are designed to ensure we are making the appropriate high-level changes necessary to move the agency in the planned direction to meet new challenges and opportunities. Overall performance of strategic plan objectives is positive with 63 of 65 objectives (97%)complete,ahead,or on schedule and two items behind schedule.Nine items are not scheduled to start and two items are on hold and are thus excluded from the calculation. Objectives:All Departments Summary 50 40 ./ 30' 44 20 10 o 2 Compl Ahead On Schd Behind Hold No Rpts Not strt 16 Total 63/65 Objectives complete,ahead,or on schedule (97%). Target is 90%. Performance Measures -Monitoring Day-To-Day Performance Performance measures are designed to track the day-to-day performance of the District.Sometimes referred to as a "dash board",these items attempt to measure the effectiveness and efficiency of daily operations.The overall goal is that at least 75%of these measures be rated "on target".District results in this area are also positive with 39 Of 43 (90%)items achieving the desired level or better. Measures:All Departments Summary 25 20 15 5 o o o o Compl Ahead On Schd Behind Hold No Rpts Not Strt 43 Total 39/43 Measures on or ahead of schedule (91%). Target is 75%. Balanced Scorecard -External View The Balanced Scorecard methodology is designed to ensure that a company is performing consistently on a wide range of measures necessary to ensure both short-term and long-term improvements. From this perspective the results are also positive.In seven of the eight categories the District is on or ahead of schedule or target.The one area where we are behind (Learning and Growth - Objectives)is due to delay experienced in our records program as a result of a change in direction. Balanced Scorecard FY 2009 •Qtr 4 •All Departments I Customer JI_~bjectives ~Ieasures r------Financial 1 ~es.~~ Learning and Growth Objectives _~leasures Business Processes •Objectives _MeaslJre.s Green =meets or exceeds/Red =does not meet Departmental Perspective -Internal View of Performance The departmental perspective,that is breaking down performance objectives and measures by the responsible internal departments, is also positive.All five departments meet or exceed expectations in both areas. Department View FY 2009 •Qtr 4 •All Scorecard Areas Departments 1~Administrative Services •Objectives •fliteasures2-Engineering 3:Finance Objectives Measures 4-lnformation Technology •Objectives •Measures 5-0perations Green =meets or exceeds/Red =does not meet Report on AWWA Self-Assessment Survey Objectives r.rea~UTes In the early part of fiscal year 2010,the District implemented AWWA's industry best practices survey.This survey was meant to serve as a self assessment,or internal perspective,on how well Otay complies with industry standard best practices.The survey consisted of a collection of statements categorized by five corresponding business systems:leadership and organizational development,business operations,customer relations,wastewater operations,and water operations.All Otay staff was asked to participate in this survey in hopes that the District could learn how well we,as an entire agency,compare with other water districts in implementing industry best practices. The results of this survey have shown that employees of the District have a high opinion of how the business is run.When rating their level of agreement with each statement of practice relative to Otay,1 being strongly disagree,and 5 being strongly agree,responses averaged a 4.3 overall.Putting this into perspective,4.3 is higher than the last 10 agencies that participated in AWWA's best practices survey.Looking at individual business area results,that is results by specific business function such as,capital improvement program,strategic planning,information management,human resources management, etc.,not a single area fell below a 3 9 average response. Results were also categorized by position,tenure,and department This sort of analysis is important,as one group of responses may have more weight than another.For example,supervisors may have a better understanding of District compliance with best practices than non-supervisors.What is interesting,however,is that in this case there was less than a .7 variance amongst all categories.The average response for supervisors was a 4.5 and non-supervisors 4 2.Employees who have been at the District 1 year or less had an average response of 4.2 whereas employees who have been at the District for more than 5 years had an average response of 4.4.When evaluating departmental results,only a .7 variance was found when comparing the average response The results of the survey not only show that Otay as a whole perceives itself as a well-run agency,but that employees,despite their position,tenure,or department,have the same level of agreement about how the business is run.The 4.3 average denotes that District staff "Agrees"Otay complies with industry best practices. 10 Self Assessments Previous to Otay's Strongly Agree 5.0 4.5 4.0 3.5 3.0 2.5 2.0 1.5 1.0 Strongly Disagree 1 2 3 4 5 6 7 8 9 10 Otay Agency FISCAL IMPACT:~;;:77 None at this time. STRATEGIC GOAL: Strategic Plan and Performance Measure reporting is a critical element in providing performance reporting to the Board and staff. LEGAL IMPACT: None. Attachment-"A"-Committee Action Report SUBJECT/PROJECT: ATTACHMENT A 2009 Strategic Plan and Performance Measures Report and ~xe_p~clrtL on AWWA Self-Assessment Survey COMMITTEE ACTION: The Finance,Administration and Communications Committee reviewed this item at a meeting on October 19,2009 and the following comments were made: •Staff presented the 2009 Fiscal Year-end Strategic Plan performance report and noted that this is the first year of the current three year plan (FY 2009-2011)and the third three-year Strategic Plan cycle. •The Strategic Plan results reflects the efforts of the entire Otay team. • • • • • It was discussed that 97%of the Strategic Plan objectives are either ahead or on schedule (63 of 65 objectives)with a target of 90%. Ninty-one percent of the performance measures are on or ahead of schedule (91%).The target is 75%. From the Balanced Scorecard perspective (external view)the results are also positive.In seven of the eight categories the District is on or ahead of schedule or target.The one area where the District is behind (Learning and Growth - Objectives)is due to a delay in the District's records program as a result of a change in direction. The internal or departmental perspective which breaks down performance objectives and measures by the responsible internal departments is positive with all departments on target. The District implemented AWWA's industry best practices survey in the early part of Fiscal Year 2010.The survey provides an internal perspective (self assessment)on how well Otay • complies with industry best practices.All Otay staff members were asked to participate~in the survey to determine how the District compares with other water districts in implementing industry best practices.The District's employee responses averaged 4.3 overall which indicates that the District's employees agree that best practices are implemented at the District on a regular basis.This belief was uniform at all levels and shows that Otay,as a whole,is proactive in adopting "industry best practices."In addition,comparing Otay's results to the last ten water utilities to complete the self assessment,Otay's average score was the highest which indicates a positive comparison with peer utilities regarding the rate of adoption of best practices. It was boted that the information presented today will be posted and available on the board extranet for viewing. Following the discussion,the committee supported presentation to the full board as an informational item. B,a:lanced Scorecard FY 2009 •Qtr 4 •AU Departments Customer financial ~~~Learning and Growth Business Processes bjectives f¥leasures Obje.ctives Measu es Objectives ~leasu es Deipartmenlt View FY 2009 •Qtr 4 •AU Scorecard Areas Departments l-Admlnistratlve Services 2-Engineering 3-Finance 4-Informatiol Techn.olog':l S-Ope ations bjectives Objectives Objectives Objectives Objectives f'tleasures l\·leasures Measures 10 Self Assessments Previous to Otay·s Strongly Agree 5.0 4.5 4.3 4.0 4.13.94.0 3.7 3.8 3.5 3.6 3.4 3.43.5 3.1 3.0 2.5 2.0 1.5 1.0 Strongly Disagree 1 2 3 4 5 6 7 8 9 10 Otay Agency General Manage-ment & Human Resources Series 10 •Supervisor •Non-Supervisor • 1 Year or Less • 5 Years or More •Less Than 5 Years •Engineering &Informa-tion Services Eviron-mental Manage-ment Services •Finance &Customer Service ~l~~r1 n ['!<' r::;,-I-- -Y ---'- -V V I--- - _~_~__'_'_""_"''''"~J'_'''~''''''~""~____,or-:W I- -1........ V I-- - b,..... I I I Strongly Agree ~ 5 . 4.5 4.34 3.5 3 2.5 2 1.5 1 Strongly Disagree ~ .~O~~O AGENDA ITEM 9 STAFF REPORT November 4,2009TYPE MEETING: SUBMITTED BY: SUBJECT: Regular Board Meeting Mark Watton, General Manager General Manager's Report MEETING DATE: W.O./G.F. NO: N/A DIV. NO. N/A GENERAL MANAGER: Legal Update regarding Infrastructure Engineering Corp.(IEC)v. Otay Water District: •As you may recall,in addition to other developments, IEC filed an anti-SLAPP motion against the District. This type of motion is usually filed when a plaintiff alleges an injury arising from a defendant's protected right to petition or engage in free speech activities. In its motion,IEC basically alleged that the District's counter-claim concerned an injury resulting from IEC's protected activity.On October 23,the court held a hearing and,among other findings and determinations, ruled that IEC's anti-SLAPP motion was frivolous.The court awarded the District attorney's fees in excess of $10,000 for having to defend against the anti-SLAPP motion. Update on the design,construction,and environmental matters of the 36-Inch Potable Water Pipeline from FCF #14 to Regulatory Site (CIP P2009)for the month of September 2009: •CCL Contracting has completed 98%of the pipeline installation for the 12-inch PVC replacement from Hidden Mesa Road to Hillsdale Road along Jamacha Road.The contractor is expected to be complete with the 12-inch PVC replacement by October when they will begin construction on the 36-inch pipeline. •The low-effect habitat conservation plan for impacts of the project to critical habitat in the Cuyamaca College 2 area was noticed in the Federal Register on August 27, starting the mandatory 30-day notice period. At the end of this period, the District will obtain a take permit that allows construction in this area. • TC Construction completed the temporary connection of the upgraded FCF No. 14 to the La Mesa Sweetwater Extension. The District is again receiving water through this facility. ADMINISTRATIVE SERVICES, INFORMATION TECHNOLOGY AND FINANCE: Administrative Services: Human Resources: • Employee Information Meetings - The District held Employee Information Meetings on October 15th. These meetings are held every six months to provide employees with relevant information regarding key District projects and District updates. Items covered at the meeting included updates on the State’s water supply, 36-inch Pipeline, Self-Assessment Survey Results, and Tobacco- Free Campus Policy. In consultation with the Employee Association, the District will allow for additional time to transition the Tobacco-Free Campus Policy. Implementation will be delayed until January 1, 2010. • Health Fair/Open Enrollment Meetings - Employees attended a Health Fair held on October 21st where employees participated in health screenings and visited several health-related vendors. Open Enrollment information meetings were held on October 27th where health representatives provided information and answered employee questions. Both were well attended by District employees. • Bi-Annual Harassment and Discrimination Policy Training - The District held the bi-annual Harassment & Discrimination Policy training for all District employees on October 28th. The training was provided by Mr. Gordon Graham, a well-known and entertaining speaker. • New Hires - There were no new hires in the month of October. Safety & Security: • 3Cs Board of Directors Meeting - The 3Cs Board made the determination that due to the high number of public 3 safety agencies not yet on the network, non-public safety agencies will not be considered for addition to the network at this time. An inquiry has been made to the 3Cs staff to determine if there might be funding options that Otay could consider. • Safety Training - The following training has been completed: o Confined Space Training - Conducted on September 24th, October 8th, 23rd, and 26th. All Confined Space Training requirements for 2009 have been completed. o “Trenching, Excavation, and Shoring” and “Fall Protection” - October 29th. Purchasing and Facilities: • Purchase Orders - There were 163 purchase orders processed in October 2009 for a total amount of $1,805,729.68. Included in the total is purchase order #711428 in the amount of $1,499,919.03 for retention of CCL contracting. Water Conservation and School Education: • Water Conservation Incentive Programs Update - To date, just 40% of the rebate reservations remain for the commercial program and about 95% of the funding remains for the residential programs (attachment). MET staff is estimating that the commercial program will run out of funding by December, but that the residential program will run to the end of the fiscal year. MET staff is preparing a report on the future of their incentive programs for their December Board meeting and is currently soliciting input. With regard to the District’s Cash for WaterSmart Plants program, to date, about 40% of the funding for the program is reserved and staff is actively promoting the program to its commercial and residential customers. • Graywater - The District submitted comments to the California Building Standards Commission ahead of its deadline of October 12th. The District’s primary concern was with regard to the possibility of jeopardizing the integrity of its water system. The District would have no knowledge where the unpermitted systems were installed and suggested that all systems have a backflow prevention device. 4 • Water Waste Reporting – In October (through the 23rd), there were a total of 13 reports of water waste, either phoned in or reported through the District’s website. The water waste report listing the activity is attached. • School Education Update - 21 garden tours are scheduled to date, ahead of last year’s activity. Five tours were conducted this month, involving Avocado, Vista Grande, Tiffany, Olympic View and Parkview Elementary schools, totaling 203 second, third, and fifth graders and 38 adults. • Outreach events in October: o Staff attended this year’s Water Smart Innovations Conference, which took place from October 7th to the 9th in Las Vegas. Over 1,000 water conservation professionals attended. Presentations are posted at www.watersmartinnovations.com. o On October 24th, staff worked at a Rotating Sprinkler Nozzle Workshop for Homeowners, held at the District’s offices. Otay and Helix Water District jointly promoted this class. Information Technology and Strategic Planning: • IT has begun to work on the implementation of the OPS 32 software for the Treatment Plant. OPS 32 will provide an application for automating the analysis and reporting of lab results, will automatically pull in process readings such as flows and chlorine residuals without operator intervention and will automatically transmit information to the Department of Health Services. • Asset Management - Staff continues to develop asset management program plans and will begin workshops in October or November. A detailed project plan for Asset Management is being developed in conjunction with Westin Engineering. Finance: • Customer Credits - The credit process has been running smoothly. As of October 26th, all but the last two billing cycles have been run with credits showing on each customer’s bill. There have been various difficult challenges in this process, however, staff has worked 5 through each challenge and the process has been successful. • ID 27 Bond Refunding - This is progressing with greater than expected savings. On October 21st, the District had eight underwriters bid on the bonds. The winning bid was from Robert W. Baird and Co., Inc. with an overall rate of 3.39%. The result is an 8% savings or $65,000 annually to the customers in ID 27 which is greater than the initially estimated 6% savings or $45,000 annually, due to an interest rate that was more favorable than anticipated. This has been a successful process with the bond closing date on November 4, 2009. • Capacity and Annexation Fee Study - Staff had the first meeting with PBS&J to review all the required information needed to complete the Capacity and Annexation Fee calculations. After the information is gathered and provided to the consultant, the process is expected to take up to a month, after which the results will be reviewed with the Board. The financial reporting for September 30, 2009 is as follows: • For the three months ended September 30, 2009, there are total revenues of $19,180,181 and total expenses of $18,880,525. The revenues exceeded expenses by $299,656. The financial reporting for investments for September 30, 2009 is as follows: • The market value shown in the Portfolio Summary and in the Investment Portfolio Details as of September 30, 2009 total $69,877,770.14 with an average yield to maturity of 1.576%. The total earnings year-to-date are $309,747.86. ENGINEERING AND WATER OPERATIONS: Engineering: • 850-4 Reservoir – Spiess Construction has completed the construction of the 850-4 Reservoir. Both the existing 850-2 and 850-4 reservoirs are operational. The 850-4 reservoir is for increased capacity in the 850 Pressure Zone, as required by the 2002 Water Resource Master Plan. This project is on budget. (P2191) • 1296-3 Reservoir – Natgun has completed the construction of the reservoir. Natgun's subcontractor, RSH, has mobilized and begun construction of the remaining site work facilities such as the inlet/outlet piping, drainage, surface improvements, and retaining walls. 6 This reservoir is for increased capacity in the 1296 Pressure Zone, as required by the 2009 Master Plan. This project is on budget and expected to be completed in February 2010. (P2143) • 1485-1 Pump Station Replacement – SCW Contracting continues to work on the construction of the pump station building and is installing the control cabinets, HVAC system, and emergency generator. The existing pump station is exposed to the outside elements and is at the end of its useful life. The new pump station will be enclosed, provide more efficient pumps, and provide for future expansion when demands increase in the 1485 Zone. This project is on budget and expected to be completed in February 2010. (P2172) • Otay Mesa Recycled Water Supply Link – Staff completed the 30% Design Peer Review for the Alta Road segment of the supply link. The Airway Road pipeline will reach the 30% design milestone next month. Staff completed the 30% Design Peer Review for the 24-inch Wueste Road segment of the supply link. These projects will supply recycled water to Otay Mesa and start the conversion of irrigation services currently using potable water to recycled water. These projects are on budget and on schedule for construction award in late spring 2010. (R2034, R2058, R2077, R2087, R2088) • Conversion of Potable Water Meters to Recycled Meter Program - At the September 2nd Board Meeting, the District's Board of Directors approved a "Grant Pilot Retrofit Landscape Program" for multi-family and educational institutions to retrofit and convert their existing landscaping from potable water to recycled water. The District will cover the costs for up to 50% for all on-site conversions. Staff is currently meeting with three HOA groups, which are part of the pilot program, to outline criteria and to have them submit finalized agreements for review and execution. Upon receipt, staff will submit as an agenda item for Board approval. (R2094) • For the month of September 2009, the District sold 11 meters (33.5 EDUs) generating $142,395 in revenue. Projection for this period was 8 meters (22 EDUs) with budgeted revenue of $134,950. Projected revenue from July 1, 2009 through June 30, 2010 is $1,619,400. 7 • Staff reviewed 26 potential easement encroachments and will be gathering all the necessary information prior to informing customers of the removal of the encroachment. • Approximately 166 linear feet of both CIP and developer project pipeline was installed in September 2009. The Construction Division performed quality control for these pipelines. The following table summarizes Engineering's Project purchases and change orders issued during the period of September 1 through September 30, 2009 that were within Staff signatory authority: Date Action Amount Contractor/ Consultant Project 9/14/09 C.O. #1 $15,000 Lee & Ro Inc. As-Needed Design Svcs. (S2019, S2020, S2023) 9/15/09 P.O. $3,500 Geotechnics, Inc. 1485-1 Pump Station (P2172) 9/16/09 Check Request $3,064 County of San Diego, APCD San Miguel Mitigation Bank (P1253) 9/16/09 P.O. $3,753.17 MWH Americas, Inc. Consulting Services (P2472) 9/17/09 C.O. #6 $3,500 Spiess Const. 850-4 Res. (P2191) 9/22/09 C.O. #1 $18,005 Camp Dresser & McKee (CDM) Rosarito Desalination Facility Conveyance (P2451) 9/24/09 C.O. #2 $27,278 Jose Pereira Eng. & Mech, Inc. Inter-Agency Water Meter Connections (P2487) Water Operations: • On September 1 flows resumed to Mexico at their request. For the month of September total flow to Mexico is 524.9 acre-feet. The connection will remain open until December. • Total number of potable water meters is 47,932. Water Waste Report -October 2009 Watering after lOam and before 6pm TOTAL..Washing Down Paved Washing Vehicles ' Surfaces without a bucket and hose nozzle Runoff due to OverwateringOversprayleak Invalid Valid Invalid Valid Valid Valid Valid Address Address Address Address Address Address Address 2 4 2 2 4 1 1 17 1 6 3 20 4 5 2 4 1 1 47 2 11 5 30 4 1 1 7 6 4 1 3 4 79 1 5 1 23 4 5 1 16 2 2 1 3 2 4 70 1 10 1 14 7 8 1 1 2 7 52 1 5 17 1 4 7 2 1 3 41 4 2 1 1 4 1 13 8 45 10 106 16 25 4 50 8 11 1 6 8 21 319 'Broken Sprinklers..-- April 2009 May 2009 June 2009 July 2009 August 2009 S.eptember 2009 October 2009 TOTAL October26,2009 •Thisindexis an informational graphicand is notaguaranteethat funds areavailable• 0% Rebate Remaining Index* (as ofOctober 24,2009) 100% 0% 60% 4or04 20% 80% Rebate Remaining Index* (as ofOctober 24,2009) 100% •This index isaninformational graphicand is not aguaranteethat fundsare available. 9110 tIl7 10(4 10/11 lW'11 Icv.lJ 1)nl1J1 11f!5 11l2l 11(29 11/1]12/20 12/27 2009 -F$31],386 ._ ~k~9I1~'~'D1,;::::;,t/1;':1 ::;'011;"~'DII~'"":':"':"'0-:'~1"-:'~1/1~J~"n~,"":':":::::Il9-:'~1/1~1~"I7e~lIm! 1.0 Budget($6.0million)6.0.............__........: 7.0 .. 2009 Total Amount Committed By Date* -.;C 5.0~!.4.0 ~.!!J.OoQ2.0 .•• •Committed includes both paid rebates and applications received thathave not Y!tbeen paid. Si,775,002 •Graphcovers September20,2009 through December31,2009 Total Amount Reserved By Date* 5.0 Bud et($4.6millionf4.St-~~iiol.iii.I~;,;,;,;;.;.~IIIIIIIIIIIII _ 44 - 1.0 0.50 - 'l,5 -.S!lJo.- -2.5 ~C .!!M81.5 Summary .:.Total reservations were $2,nS,002 as of 10/24/2009 .:.Reservations last week were approximately $255,000 .:.Most reservations have been for weather-based irrigation controllers,rotating spray nozzles and high-efficiency toilets .:.The numberof weekly visitors to website:858 (7%more than the prior week) .:.For additional information,contact Bill McDonnell at (213)217-7693 Summary .:.Committed amount was $317,386 as of 10/24/2009,' .:.Applications totaling approximately $88,000 were received last week .:.Hard-copy applications were.available in stores last week .:.The number ofweekly visitors t()website:3,900 (0.2%less than the prior week) .:.For additional information~coritact Alice Webb-Cole at (213)217-6716 OTAY WATER DISTRICT COMPARATIVE BUDGET SUMMARY FOR THREE MONTHS ENDED SEPTEMBER 30,2009 Exhibit A REVENUE: Water Sales * Energy Charges System Charges Penalties MWD &CWA Fixed Charges Total Water Sales Reclamation Sales Sewer Charges Meter Fees Capacity Fee Revenues Betterment Fees for Maintenance Annexation Fees Non-Operating Revenues Tax Revenues Interest General Fund Draw Down Transfer from OPEB Total Revenue EXPENSES: Potable Water Purchases Recycled Water Purchases CWA-Infrastructure Access Charge CWA-Customer Service Charge CWA-Emergency Storage Charge MWD-Capacity Res Charge MWD-Readiness to Serve Charge Subtotal Water Purchases Power Charges Payroll &Related Costs Material &Maintenance Administrative Expenses Legal Fees Expansion Reserve Betterment Reserve Replacement Reserve Transfer to Sewer General Fund Transfer Out/In Prop IA Transfer to General Fund Reserve Total Expenses Excess Revenue (Expense) Annual Budget $37,870,000 1,981,200 9,408,000 704,100 6,511,200 56,474,500 7,602,500 2,244,800 45,600 1,397,000 571,400 120,500 1,585,600 3,852,600 322,900 469,100 1,030,000 $75,716,500 $28,033,700 1,312,000 1,344,900 1,148,800 2,246,600 628,800 1,140,700 35,855,500 2,637,100 17,212,800 3,801,600 4,874,900 454,300 1,610,000 3,810,000 3,660,000 200,000 270,300 1,330,000 $75,716,500 $- YTD YTD YTD Actual Budget Variance Var% $9,945,736 $11,429,700 $(1,483,964)(13.0%) 539;595 626,200 (86,605)(13.8%) 2,259,833 2,274,900 (15,067)(0.7%) 190,258 199,500 (9,242)(4.6%) 1,289,630 1,383,900 (94,270)(6.8%) 14,225,051 15,914,200 (1,689,149)(10.6%) 2,648,236 2,846,200 (197,964)(7.0%) 542,079 543,700 (1,621)(0.3%) 22,379 5,100 17,279 338.8% 403,113 349,300 53,813 15.4% 143,717 142,900 817 0.6% 143,475 30,000 113,475 378.3% 493,842 360,500 133,342 37.0% 130,847 124,900 5,947 4.8% 52,640 65,700 (13,060)(19.9%) 117,300 117,300 0.0% 257,500 257,500 0.0% $19,180,181 $20,757,300 $(1,577,119)(7.6%) $7,684,511 $8,357,700 $673,189 8.1% 520,943 523,500 2,557 0.5% 326,370 326,400 30 0.0% 270,183 270,300 117 0.0% 453,264 453,300 36 0.0% 152,604 152,700 96 0.1% 238,056 285,175 47,119 16.5% 9,645,931 10,369,075 723,144 7.0% 721,893 729,275 7,382 1.0% 3,926,975 3,943,737 16,762 0.4% 802,589 851,400 48,811 5.7% 967,007 1,035,530 68,523 6.6% 96,030 113,575 17,545 15.4% 402,500 402,500 0.0% 952,500 952,500 0.0% 915,000 915,000 0.0% 50,000 50,000 0.0% 67,600 67,600 0.0% 332,500 332,500 0.0% $18,880,525 $19,762,692 $882,167 4.5% $299,656 $994,608 $(694,953) *The September Water Sales reflect the prorated customer credits paid in October. F:/MORPT/FS2009-0909 10/26/2009 11:27 AM OTAY WATER DISTRICT INVESTMENT PORTFOLIO REVIEW SEPTEMBER 30,2009 INVESTMENT OVERVIEW &MARKET STATUS: The federal funds rate has remained constant now for over 9-months.On December 16,2008,at the Federal Reserve Board's regular scheduled meeting,the federal funds rate was lowered from 1.00%to "a target range ofbetween Zero and 0.25%"in response to the nation's ongoing financial crisis,as well as banking industry pressure to ease credit and stimulate the economy.This marked the ninth reduction in a row since September 18,2007,when the rate was 5.25%.There have been no further changes made to the federal funds rate at the Federal Reserve Board's subsequent regular scheduled meetings,the most recent ofwhich was held on September 23,2009. They went on to say:"The Committee continues to anticipate that economic conditions are likely to warrant exceptionally low levels ofthe federal funds rate for an extended period." Despite the large drop in available interest rates,the District's overall effective rate of return on at September 30th was 1.68%,which was an increase of 11 basis points (0.11 %)from the prior month.At the same time the LAIF return on deposits has dropped over the last several months,reaching an average effective yield of0.75%for the month of September 2009.Based on our success at maintaining a competitive rate ofreturn on our portfolio during this extended period ofinterest rate declines,no changes in investment strategy are being considered at this time. In accordance with the District's Investment Policy,all District funds continue to be managed based on the objectives,in priority order,of safety,liquidity,and return on investment. PORTFOLIO COMPLIANCE:September 30,2009 Investment 8.01:Treasury Securities 8.02:Local Agency Investment Fund (Operations) 8.02:Local Agency Investment Fund (Bonds) 8.03:Federal Agency Issues 8.04:Certificates of Deposit 8.05:Short-Term Commercial Notes 8.06:Medium-Term Commercial Debt 8.07:Money Market Mutual Funds 8.08:San Diego County Pool 12.0:Maximum Single Financial Institution State Limit 100% $40 Million 100% 100% 30% 25% 30% 20% 100% 100% Otay Limit 100% $40 Million 100% 100% 15% 15% 15% 15% 100% 50% Otay Actual o $3.76 Million o 40.25% 4.43% o 5.75% o 42.61% 1.55% Performance Mea.sure F-12 Return on Investment Target:Meet or Exceed 1000/0 of LAIF 6.00 tn....5.00s:: CDE 4.00....tnCD 3.00>s::-s::2.00 0 c 1.00'-:::J....0.00CD0:: -1.00 1st 2nd 3rd 4th 1st 2nd 3rd 4th July Aug Sep 1st Qtr Qtr Qtr Qtr Qtr Qtr Qtr Qtr QtrFYIOFYIOFY10FY08 FY08 FY08 FY08 FY09 FY09 FY09 FY09 FY10 LAIF 5.24 4.96 4.18 3.11 2.78 2.54 1.91 1.50 1.04 0.93 0.75 0.90 .Otay 5.20 4.95 4.30 3.59 3.40 3.23 2.69 1 92 1.61 1.57 1 68 1.62 o Difference -0.04 -0.01 0.12 0.48 0.62 0.69 0.77 0.41 0.58 0.65 0.93 0.72 Month LAIF .Otay 0 Difference I Otay Water District Investment Portfolio:09/30/09 5.97% 48.00% o Banks (Passbook/Checking/CD)•Pools (LAIF &County)Ii!l Agencies &Corporate Notes OlAY Portfolio Management Portfolio Summary September 30,2009 Investments Corporate Notes Federal Agency Issues-Callable Certificates of Deposit-Bank Local Agency Investment Fund (LAIF) San Diego County Pool Investments Par Market Book %of Days to YTM YTM Value Value Value Portfolio Term Maturity 360 Equiv.365 Equiv. 4,000,000.00 4,134,760.00 4,036,862.63 5.89 877 433 1.973 2.000 28,000,000.00 28,096,940.00 28,000,000.00 40.86 730 611 1.610 1.633 3,079,108.00 3,079,108.00 3,079,108.00 4.49 373 107 2.794 2.832 3,762,888.70 3,768,761.11 3,762,888.70 5.49 1 1 0.740 0.750 29,640,567.73 29,721,000.00 29,640,567.73 43.26 1 1 1.470 1.490 68,482,564.43 68,800,569.11 68,519,427.06 100.00%367 280 1.576 1.598 Cash Passbook/Checking (notincluded in yield calculations) Total Cash and Investments Total Earnings Current Year Average Daily Balance Effective Rate of Return 1,077,201.03 69,559,765.46 September 30 Month Ending 100,456.02 72,574,551.24 1.68% 1,077,201.03 69,877,770.14 Fiscal Year To Date 309,747.86 75,907,948.09 1.62% 1,077,201.03 69,596,628.09 367 280 0.107 1.576 0.108 1.598 I hereby certify that the investments contained in this report are made in accordance with the District Investment Policy Number 27 adopted by the Board of Directors on September6,2006.The market value information provided by Interactive Data Corporation.The investments provide sufficient liquidity to meet the cash flow requirements of the District for the next six months of expenditures. ie -;;z--7---0?' Run Date:10/19/2009 -11:19 Portfolio OTAY AP PM (PRF_PM1)SymRept 6.41.200 Report Ver.5.00 olAY Portfolio Management Page 2 Portfolio Details -Investments September 30,2009 Average Purchase Stated YTM Days to Maturity CUSIP Investment #Issuer Balance Date ParValue MarketValue BookValue Rate Moody's 360 Maturity Date Corporate Notes 084664AF8 2094 Berkshire Hathaway Fin 03/10/2009 2,000,000.00 2,067,500.00 2,023,921.26 4.200 1.973 440 12/15/2010 36962G2S2 2044 General Electric Capital 11/16/2007 2,000,000.00 2,067,260.00 2,012,941.37 5.000 Aaa 1.973 426 12101/2010 Subtotal and Average 4,038,108.63 4,000,000.00 4,134,760.00 4,036,862.63 1.973 433 Federal Agency Issues-Callable 31398AWJ7 2097 Fannie Mae 04/08/2009 2,000,000.00 2,012,500.00 2,000,000.00 1.875 1.849 554 04/08/2011 3136FHYA7 2101 Fannie Mae 06/08/2009 2,000,000.00 2,010,000.00 2,000,000.00 1.150 1.164 615 06/08/2011 3133XTQM1 2102 Federal Home Loan Bank 06/10/2009 2,000,000.00 2,003,760.00 2,000,000.00 1.180 1.223 617 06/10/2011 3133XTQ58 2103 Federal Home Loan Bank 06/10/2009 2,000,000.00 2,000,000.00 2,000,000.00 1.240 1.223 617 06/10/2011 3133XUEM1 2106 Federal Home Loan Bank 08/10/2009 2,000,000.00 2,002,500.00 2,000,000.00 1.350 1.332 678 08/10/2011 3133XUGD9 2107 Federal Home Loan Bank 08/17/2009 2,000,000.00 2,003,120.00 2,000,000.00 1.500 1.479 685 08/17/2011 3133XUKD4 2108 Federal Home Loan Bank 08/25/2009 2,000,000.00 2,003,760.00 2,000,000.00 1.625 1.603 693 08/25/2011 3128X8QH8 2095 Federal Home Loan Mortgage 03/16/2009 2,000,000.00 2,011,820.00 2,000,000.00 2.000 1.973 531 03/16/2011 3128X8WC2 2098 Federal Home Loan Mortgage 04/20/2009 2,000,000.00 2,013,460.00 2,000,000.00 1.750 1.726 566 04/20/2011 3128X8V33 2105 Federal Home Loan Mortgage 07/06/2009 2,000,000.00 2,007,380.00 2,000,000.00 1.850 1.825 643 07/06/2011 3128X9CG3 2109 Federal Home Loan Mortgage 09/02/2009 2,000,000.00 2,010,520.00 2,000,000.00 1.750 1.726 701 09/02/2011 3136FHAA3 2091 Federal National MortageAssoc 02/11/2009 2,000,000.00 2,010,000.00 2,000,000.00 2.000 1.973 498 02111/2011 31398AVL3 2093 Federal National Mortage Assoc 03/02/2009 2,000,000.00 2,008,120.00 2,000,000.00 2.000 1.973 517 03/02/2011 3136FHE43 2104 Federal National Mortage Assoc 07/01/2009 2,000,000.00 2,000,000.00 2,000,000.00 1.500 1.479 638 07/01/2011--------- Subtotal and Average 31,066,023.75 28,000,000.00 28,096,940.00 28,000,000.00 1.610 611 Certificates ofDeposit -Bank 205003183 2066 California Bank &Trust 01/22/2008 79,108.00 79,108.00 79,108.00 3.180 3.180 113 01/2212010 1005581024 2090 Neighborhood National Bank 12/11/2008 1,000,000.00 1,000,000.00 1,000,000.00 3.150 3.150 70 12/10/2009 1006200563 2096 Neighborhood National Bank 02/05/2009 2,000,000.00 2,000,000.00 2,000,000.00 2.600 2.600 126 02/04/2010--------- Subtotal and Average 3,079,108.00 3,079,108.00 3,079,108.00 3,079,108.00 2.794 107 Local Agency InvestmentFund (LAIF) LAIF 9001 STATE OF CALIFORNIA 07/01/2004 3,762,888.70 3,768,761.11 3,762,888.70 0.750 0.740 LAIF COPS07 9009 STATE OF CALIFORNIA 03/07/2007 0.00 0.00 0.00 1.530 1.509 Subtotal and Average 3,050,388.70 3,762,888.70 3,768,761.11 3,762,888.70 0.740 San Diego County Pool SO COUNTY POOL 9007 San Diego County 07/01/2004 29,640,567.73 29,721,000.00 29,640,567.73 1.490 1.470 Portfolio OTAY AP Run Date:10/1912009-11:19 PM (PRF_PM2)SymRept 6.41 .200 Report Ver.5.00 OTAY Portfolio Management Portfolio Details -Investments September 30,2009 Page 3 CUSIP Investment#Issuer Average Balance Purchase Date ParValue Market Value Stated Book Value Rate Moody's YTM Daysto 360 Maturity Subtotal and Average Total and Average 29,640,567.73 72,574,551.24 29,640,567.73 68,482,564.43 29,721,000.00 68,800,569.11 29,640,567.73 68,519,427.06 1.470 1.576 280 Run Date:10/19/2009 -11:19 Portfolio OTAY AP PM (PRF_PM2)SymRept6.41.200 OTAY Portfolio Management Portfolio Details -Cash September 30,2009 Average Purchase CUSIP Investment#Issuer Balance Date Par Value Union Bank UNION MONEY 9002 STATE OF CALIFORNIA 07/01/2004 10,003.94 PETTY CASH 9003 STATE OF CALIFORNIA 07/01/2004 2,800.00 UNION OPERATING 9004 STATE OF CALIFORNIA 07/01/2004 703,311.32 PAYROLL 9005 STATE OF CALIFORNIA 07/01/2004 361,085.77 UNION IOC 9008 STATE OF CALIFORNIA 05/01/2006 0.00 Average Balance 0.00 Total Cash and Investmentss 72,574,551.24 69,559,765.46 Run Date:10/19/2009-11 :19 MarketValue 10,003.94 2,800.00 703,311.32 361,085.77 0.00 69,877,770.14 Page 4 Stated YTM Days to Book Value Rate Moody's 360 Maturity 10,003.94 0.150 0.148 2,800.00 0.000 703,311.32 0.164 0.162 361,085.77 0.000 0.00 4.500 4.438 69,596,628.09 1.576 280 Portfolio OTAY AP PM (PRF_PM2)SymRepl6.41.200 OlAY Activity Report Sorted By Issuer July 1,2009 -September 30,2009 CUSIP Investment#Issuer Percent of Portfolio ParValue Beginning Balance Current Transaction Rate Date Purchases or Deposits Par Value Redemptions or Withdrawals Ending Balance Issuer:Berkshire Hathaway Fin Corporate Notes Subtotal and Balance 2,000,000.00 2,000,000.00 IssuerSubtotal 2.875%2,000,000.00 0.00 0.00 2,000,000.00 Issuer:STATE OF CALIFORNIA Local Agency Investment Fund (LAIF) LAIF 9001 STATE OF CALIFORNIA Subtotal and Balance Subtotal and Balance IssuerSubtotal 4,840,089.73 3,762,888.70 1,077,201.03 0.150 19,532,708.17 21,532,718.05 0.164 2,775,578.08 2,659,292.83 1,707,442.33 1,371,333.82 2,624,817.15 24,015,728.58 25,563,344.70 0.750 9,957,705.25 13,675,000.00 7,480,183.45 9,957,705.25 13,675,000.00 10,105,000.60 33,973,433.83 39,238,344.706.958% STATE OF CALIFORNIA STATE OF CALIFORNIA STATE OF CALIFORNIA Union Bank UNION MONEY 9002 UNION OPERATING 9004 PAYROLL 9005 Issuer:California Bank &Trust Certificates ofDeposit -Bank Subtotal and Balance 79,108.00 79,108.00 IssuerSubtotal 0.114%79,108.00 0.00 0.00 79,108.00 Issuer:Fannie Mae Federal Agency Issues-Callable Subtotal and Balance 4,000,000.00 4,000,000.00 Issuer Subtotal 5.750%4,000,000.00 0.00 0.00 4,000,000.00 Run Date:10/19/2009 -11 :20 Portfolio OTAY AP DA (PRF_DA)SymRept6.41.200 ReportVer.5.00 OTAY Activity Report Page 2 July 1,2009 -September 30,2009 ParValue ParValue.-.................."""",........................ Percent Beginning Current Transaction Purchases or Redemptions or Ending CUSIP Investment#Issuer ofPortfolio Balance Rate Date Deposits Withdrawals Balance Issuer:Federal Farm Credit Bank Federal Agency Issues-Callable 31331GWK1 2100 Federal Farm Credit Bank 1.100 09/25/2009 0.00 2,000,000.00 Subtotal and Balance 2,000,000.00 0.00 2,000,000.00 0.00 IssuerSubtotal 0.000%2,000,000.00 0.00 2,000,000.00 0.00 Issuer:Federal Home Loan Bank Federal Agency Issues-Callable 3133XTLP9 2099 Federal Home Loan Bank 1.525 09/04/2009 0.00 222,222.22 3133XTLP9 2099 Federal Home Loan Bank 09/22/2009 0.00 444,444.44 3133XTLP9 2099 Federal Home Loan Bank 09/28/2009 0.00 1,333,333.34 3133XUEM1 2106 Federal Home Loan Bank 1.350 08/10/2009 2,000,000.00 0.00 3133XUGD9 2107 Federal Home Loan Bank 1.500 08/17/2009 2,000,000.00 0.00 3133XUKD4 2108 Federal Home Loan Bank 1.625 08/25/2009 2,000,000.00 0.00 Subtotal and Balance 6,000,000.00 6,000,000.00 2,000,000.00 10,000,000.00 IssuerSubtotal 14.376%6,000,000.00 6,000,000.00 2,000,000.00 10,000,000.00 Issuer:Federal Home Loan Mortgage Federal Agency Issues-Callable 3128X8V33 2105 Federal Home Loan Mortgage 1.850 07/06/2009 2,000,000.00 0.00 3128X9CG3 2109 Federal Home Loan Mortgage 1.750 09/0212009 2,000,000.00 0.00 Subtotal and Balance 4,000,000.00 4,000,000.00 0.00 8,000,000.00 IssuerSubtotal 11.501%4,000,000.00 4,000,000.00 0.00 8,000,000.00 Issuer:Federal National Mortage Assoc Federal Agency Issues-Callable 3136F9WV1 2085 Federal National Mortage Assoc 4.000 07/0212009 0.00 2,000,000.00 3136FHE43 2104 Federal National Mortage Assoc 1.500 07/01/2009 2,000,000.00 0.00 Subtotal and Balance 6,000,000.00 2,000,000.00 2,000,000.00 6,000,000.00 IssuerSubtotal 8.626%6,000,000.00 2,000,000.00 2,000,000.00 6,000,000.00 Run Date:10/19/2009 -11 :20 Portfolio OTAY AP DA(PRF_DA)SymRept 6.41.200 Report Ver.5.00 OTAY Activity Report Page 3 July 1,2009 -September 30,2009 Par Value Par Value Percent Beginning Current Transaction Purchases or Redemptions or Ending CUSIP Investment #Issuer of Portfolio Balance Rate Date Deposits Withdrawals Balance Issuer:General Electric Capital Corporate Notes Subtotal and Balance 2,000,000.00 2,000,000.00 IssuerSubtotal 2.875%2,000,000.00 0.00 0.00 2,000,000.00 Issuer:Neighborhood National Bank Certificates of Deposit -Bank Subtotal and Balance 3,000,000.00 3,000,000.00 IssuerSubtotal 4.313%3,000,000.00 0.00 0.00 3,000,000.00 Issuer:San Diego County San Diego County Pool SO COUNTY POOL 9007 San Diego County 1.490 106,265.52 10,000,000.00 Subtotal and Balance 39,534,302.21 106,265.52 10,000,000.00 29,640,567.73 IssuerSubtotal 42.612%39,534,302.21 106,265.52 10,000,000.00 29,640,567.73 Total 100.000%78,718,410.81 46,079,699.35 55,238,344.70 69,559,765.46 Run Date:10/19/2009-11 :20 Portfolio OTAY AP DA(PRF_DA)SymRept 6.41.200 Report Ver.5.00 olAY GASS 31 Compliance Detail Sorted by Fund -Fund July 1,2009 -September 30,2009 Adjustment in Value Investment Maturity Beginning Purchase Addition Redemption Amortization Change in Ending CUSIP Investment#Fund Class Date Invested Value of Principal to Principal of Principal Adjustment MarketValue InvestedValue Fund:Treasury Fund LAIF 9001 99 FairValue 7,489,943.17 0.00 57,705.25 3,775,000.00 0.00 -3,887.31 3,768,761.11 UNION MONEY 9002 99 Amortized 2,010,013.82 0.00 76.69 2,000,086.57 0.00 0.00 10,003.94 PEnYCASH 9003 99 Amortized 2,800.00 0.00 0.00 0.00 0.00 0.00 2,800.00 UNION OPERATING 9004 99 Amortized 587,026.07 0.00 1,355.73 1,355.73 0.00 0.00 703,311.32 PAYROLL 9005 99 Amortized 24,977.26 0.00 0.00 0.00 0.00 0.00 361,085.77 SO COUNTY POOL 9007 99 Fair Value 39,756,639.66 0.00 106,265.52 10,000,000.00 0.00 -141,905.18 29,721,000.00 UNION IOC 9008 99 Amortized 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LAIF COPS07 9009 99 FairValue 0.00 0.00 0.00 0.00 0.00 0.00 0.00 36962G2S2 2044 99 Fair Value 12/01/2010 2,058,720.00 0.00 0.00 0.00 0.00 8,540.00 2,067,260.00 205003183 2066 99 Amortized 01/2212010 79,108.00 0.00 0.00 0.00 0.00 0.00 79,108.00 3136F9WV1 2085 99 Fair Value 07/02/2010 2,000,000.00 0.00 0.00 2,000,000.00 0.00 0.00 0.00 1005581024 2090 99 Amortized 12/10/2009 1,000,000.00 0.00 0.00 0.00 0.00 0.00 1,000,000.00 3136FHAA3 2091 99 Fair Value 02/11/2011 2,013,760.00 0.00 0.00 0.00 0.00 -3,760.00 2,010,000.00 31398AVL3 2093 99 Fair Value 03/0212011 2,014,380.00 0.00 0.00 0.00 0.00 -6,260.00 2,008,120.00 084664AF8 2094-99 Fair Value 12/15/2010 2,061,960.00 0.00 0.00 0.00 0.00 5,540.00 2,067,500.00 3128X8QH8 2095 99 FairValue 03/16/2011 2,012,300.00 0.00 0.00 0.00 0.00 -480.00 2,011,820.00 1006200563 2096 99 Amortized 02104/2010 2,000,000.00 0.00 0.00 0.00 0.00 0.00 2,000,000.00 31398AWJ7 2097 99 FairValue 04/08/2011 2,009,380.00 0.00 0.00 0.00 0.00 3,120.00 2,012,500.00 3128X8WC2 2098 99 FairValue 04/20/2011 2,009,800.00 0.00 0.00 0.00 0.00 3,660.00 2,013,460.00 3133XTLP9 2099 99 FairValue 05/18/2011 2,001,880.00 0.00 0.00 2,000,000.00 0.00 -1,880.00 0.00 31331GWK1 2100 99 FairValue 02/28/2011 1,996,260.00 0.00 0.00 2,000,000.00 0.00 3,740.00 0.00 3136FHYA7 2101 99 FairValue 06/08/2011 1,996,260.00 0.00 0.00 0.00 0.00 13,740.00 2,010,000.00 3133XTQM1 2102 99 FairValue 06/10/2011 1,996,260.00 0.00 0.00 0.00 0.00 7,500.00 2,003,760.00 3133XTQ58 2103 99 FairValue 06/10/2011 1,998,120.00 0.00 0.00 0.00 0.00 1,880.00 2,000,000.00 3136FHE43 2104 99 Fair Value 07/01/2011 0.00 2,000,000.00 0.00 0.00 0.00 0.00 2,000,000.00 3128X8V33 2105 99 Fair Value 07/06/2011 0.00 2,000,000.00 0.00 0.00 0.00 7,380.00 2,007,380.00 3133XUEM1 2106 99 Fair Value 08/10/2011 0.00 2,000,000.00 0.00 0.00 0.00 2,500.00 2,002,500.00 3133XUG09 2107 99 Fair Value 08/17/2011 0.00 2,000,000.00 0.00 0.00 0.00 3,120.00 2,003,120.00 3133XUK04 2108 99 Fair Value 08/25/2011 0.00 2,000,000.00 0.00 0.00 0.00 3,760.00 2,003,760.00 3128X9CG3 2109 99 Fair Value 09/02/2011 0.00 2,000,000.00 0.00 0.00 0.00 10,520.00 2,010,520.00 Portfolio OTAY AP Run Date:10/19/2009 -11 :20 -------.-------- GD (PRF_GD)SymRept6.41.200 ReportVer.5.00 OTAY GASS 31 Compliance Detail Sorted by Fund -Fund Page 2 Adjustmentin Value CUSIP Investment#Fund Investment Class Maturity Date Beginning Invested Value Purchase ofPrincipal Addition to Principal Redemption ofPrincipal Amortization Change in Adjustment Market Value Ending Invested Value Subtotal Total 79,119,587.98 79,119,587.98 12,000,000.00 12,000,000.00 165,403.19 165,403.19 21,776,442.30 21,776,442.30 0.00 0.00 -83,172.49 -83,172.49 69,877,770.14 69,877,770.14 Portfolio OTAY AP Run Date:10/19/2009-11:20 -,-_._._--_._--------~ GD (PRF_GD)SymRept6.41.200 ReportVeL 5.00 OTAY Duration Report Sorted by Investment Type -Investment Type Through 09/30/2009 Investment Book Par Market Current YTM Current Maturityl Effective SecurityID Investment#Fund Issuer Class Value Value Value Rate 365 Yield Call Date Duration 084664AF8 2094 99 Berkshire Hathaway Fin Fair 2,023,921.26 2,000,000.00 2,067,500.00 4.200 2.000 1.369 12/15/2010 1.167 36962G2S2 2044 99 General Electric Capital Fair 2,012,941.37 2,000,000.00 2,067,260.00 5.000 2.000 2.070 12101/2010 1.119 3128X8QH8 2095 99 Federal HomeLoan Mortgage Fair 2,000,000.00 2,000,000.00 2,011,820.00 2.000 2.000 0.813c 03/16/2010 0.454 3133XUEM1 2106 99 Federal Home Loan Bank Fair 2,000,000.00 2,000,000.00 2,002,500.00 1.350 1.350 1.099c 11/10/2009 0.000 3136FHYA7 2101 99 Fannie Mae Fair 2,000,000.00 2,000,000.00 2,010,000.00 1.150 1.180 0.420c 06/08/2010 0.682 3133XUGD9 2107 99 Federal Home Loan Bank Fair 2,000,000.00 2,000,000.00 2,003,120.00 1.500 1.500 1.186c 11/17/2009 0.000 31398AWJ7 2097 99 Fannie Mae Fair 2,000,000.00 2,000,000.00 2,012,500.00 1.875 1.875 0.668c 04/08/2010 0.512 3133XUKD4 2108 99 Federal Home Loan Bank Fair 2,000,000.00 2,000,000.00 2,003,760.00 1.625 1.625 1.247c 11/25/2009 0.000 3133XTQM1 2102 99 Federal Home Loan Bank Fair 2,000,000.00 2,000,000.00 2,003,760.00 1.180 1.240 0.802c 12/10/2009 0.191 3133XTQ58 2103 99 Federal Home Loan Bank Fair 2,000,000.00 2,000,000.00 2,000,000.00 1.240 1.240 1.240 06!1'0/2011 1.663 3128X9CG3 2109 99 Federal Home Loan Mortgage Fair 2,000,000.00 2,000,000.00 2,010,520.00 1.750 1.750 0.694c 03/0212010 0.416 3136FHAA3 2091 99 Federal National Mortage Assoc Fair 2,000,000.00 2,000,000.00 2,010,000.00 2.000 2.000 0.995c 02111/2010 0.364 3128X8V33 2105 99 Federal Home Loan Mortgage Fair 2,000,000.00 2,000,000.00 2,007,380.00 1.850 1.850 1.108c 01/06/2010 0.265 31398AVL3 2093 99 Federal National MortageAssoc Fair 2,000,000.00 2,000,000.00 2,008,120.00 2.000 2.000 1.183c 03/02/2010 0.416 3128X8WC2 2098 99 Federal Home Loan Mortgage Fair 2,000,000.00 2,000,000.00 2,013,460.00 1.750 1.750 0.529c 04/20/2010 0.547 3136FHE43 2104 99 Federal National MortageAssoc Fair 2,000,000.00 2,000,000.00 2,000,000.00 1.500 1.500 O.OOOc 10/01/2009 0.000 1005581024 2090 99 Neighborhood National Bank Amort 1,000,000.00 1,000,000.00 1,000,000.00 3.150 3.194 3.150 12/10/2009 0.190 t 205003183 2066 99 California Bank &Trust Amort 79,108.00 79,108.00 79,108.00 3.180 3.224 3.180 01/2212010 0.306 t 1006200563 2096 99 Neighborhood National Bank Amort 2,000,000.00 2,000,000.00 2,000,000.00 2.600 2.636 2.600 02104/2010 0.338t LAIF COPS07 9009 99 STATE OF CALIFORNIA Fair 0.00 0.00 0.00 1.530 1.530 1.530 0.000 LAIF 9001 99 STATE OF CALIFORNIA Fair 3,762,888.70 3,762,888.70 3,768,761.11 0.750 0.750 0.750 0.000 SD COUNTY 9007 99 San Diego County Fair 29,640,567.73 29,640,567.73 29,721,000.00 1.490 1.490 1.490 0.000 Report Total 68,519,427.06 68,482,564.43 68,800,569.11 1.263 0.242t t =Duration can not be calculated on these investmentsdue to incomplete Market price data. Run Dale:10/19/2009 -11:33 ._----._--------- Page 1 "".---_._--------~------ Portfolio OTAY AP DU (PRF_DU)SymRepI6.41.200 ReportVer.5.00 STAFF REPORT TYPE MEETING: SUBMITIED BY: Regular Board Sean Prendergast,Finance Supervisor,Payroll &AP MEETING DATE: ~W.O.lG.F.NO, November 4,2009 DIV.NO. APPROVED BY:Joseph Beachem,Chief Financial Officer (Chief) APPROVED BY:German Alvarez,Assistant General Manager (Ass!.GM): SUBJECT:Accounts Payable Demand List PURPOSE: Attached is the list of demands for the Board's information. FISCAL IMPACT: SUMMARY CHECKS (2020263-2020659) WIRE TO: CITY TREASURER -RECLAIMED WATER PURCH -AUGUST DELTA HEALTH SYSTEMS -DENTAL &COBRA CLAIMS JP MORGAN -REMARKETING FEE -1ST QTR LANDESBANK -CERTIFICATES OF PARTICIPATION SAN DIEGO COUNTY WATER CAP FEES -1ST QTR SAN DIEGO COUNTY WATER WATER DELIVERIES -AUG SPECIAL DIST RISK MGMT AUTH -INSURANCE PREMIUM UNION BANK -PAYROLL TAXES WAGEWORKS -FLEXIBLE SPENDING ACCOUNT TOTAL CASH DISBURSEMENTS RECOMMENDED ACTION: That the Board receive the attached list of demands. Jb/Attachment NET DEMANDS $1,972,847.63 $178,907.12 $20,126.08 $2,715.29 $28,650.40 $377,338.00 $2,797,863.40 $184,563.28 $280,768.18 $53,119.25 $5,896,898.63 OTAYWATER DISTRICT CHECK REGISTER FOR CHECKS 2020263 THROUGH 2020659 RUN DATES 10/7/2009 TO 10/28/2009 Check #Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2020263 10107/09 01910 ABCANA INDUSTRIES 850359 09/17/09 BULK SODIUM HYPOCHLORITE 1,251.05 850053 09/14/09 BULK SODIUM HYPOCHLORITE 942.31 850054 09/14/09 BULK SODIUM HYPOCHLORITE 885.25 3,078.61 2020264 10/07109 10971 ABCOW STAFFING 1136 10/02/09 SDCWA INTERN 270.00 270.00 2020265 10/07/09 07679 ADVANCED AIR &VACUUM 2315 09/11/09 OIL FILTERS FOR 980-2 108.25 108.25 2020266 10/07/09 10821 AECOM INC 461995 09/11/09 PROFESSIONAL ENGINEERING SERVICES 48,141.73 48,141.73 2020267 10/07/09 06261 ALCANTARA,CYNTHIA 1700909 09/30/09 TRAVEL EXPENSE REIMBURSEMENT 531.09 531.09 2020268 10/07/09 06166 AMERICAN MESSAGING L1109570JJ 10101/09 PAGER SERVICES 274.42 274.42 2020269 10/07109 08967 ANTHEM BLUE CROSS EAP 40813 09/21/09 EMPLOYEE ASSISTANCE PROGRAM SERVICES 379.50 379.50 2020270 10/07/09 10168 BANCROFT REALTY RF031146023 10/05/09 REFUND ON ACCOUNT CREDIT 304.64 304.64 2020271 10/07/09 10970 BRENNTAG PACIFIC INC BPI932037 09/17109 BULK SODIUM HYPOCHLORITE PATZIG 1,263.69 1,263.69 2020272 10/07109 01232 BRODING'S BATTERY 10423 09/17/09 REPAIR PARTS 145.62 145.62 2020273 10/07/09 03721 BULLET LOGISTICS INC 09170903350 09/17/09 COURIER SERVICES FOR TREATMENT PLANT 227.70 227.70 2020274 10/07/09 01432 CALIFORNIA URBAN WATER 001570 09/30/09 PUBLICATION ORDER 427.35 427.35 2020275 10/07/09 04653 CARO,PATTY 001573 10/07/09 TRAVEL EXPENSE ADVANCEMENT 68.00 68.00 2020276 10/07/09 03706 CONSUMERS PIPE &SUPPLY CO S1110217005 09/11/09 WAREHOUSE SUPPLIES 1,077.80 1,077.80 2020277 10/07/09 03624 COPYLINK INC AR104509 09/17109 SERVICE SHARP 2052 COPIER @ TP 283.31 283.31 2020278 10/07/09 00184 COUNTY OF SAN DIEGO DEH090489D11 09/14/09 RECLAIMED WATERSHUT DOWN TEST 416.50 416.50 2020279 10107/09 02519 DIEHL,EVANS &COMPANY LLP 68085 08/31/09 AUDIT SERVICES 12,600.00 12,600.00 2020280 10/07/09 10979 DR STEVEN ALBRECHT PHR CPP 10142009 10/13/09 ANNUAL CUSTOMER SERVICE SEMINAR 5,000.00 5,000.00 2020281 10/07/09 05134 DYCHITAN,MARISSA 001574 09/29/09 ONLINE CPE COURSES 199.00 199.00 2020282 10/07/09 02447 EDCO DISPOSAL CORPORATION 001566 09/30/09 RECYCLING SERVICES 90.00 90.00 2020283 10/07/09 03683 F &L INDUSTRIAL SOLUTIONS INC 9439 09/11/09 CLAIVAL SOLENOIDS 3,215.18 3,215.18 2020284 10/07/09 03546 FERGUSON WATERWORKS #1082 0326975 09/14/09 INVENTORY 1,538.80 03269751 09/17109 INVENTORY 575.73 0326688 09/17/09 INSTATITE FOR MTR RETROFIT REPAIRS 337.57 03260881 09/14/09 INVENTORY 100.32 2,552.42 Page 1 of 20 '~-~-~,,~~...,~~.,.-~,...,.........,~~"'"~......,.=~.~.~.~~,,..",-:-.-·_-':·~;'\"_-.:"i~~.l.:t,,'l/~!-'L-:~';'';'~_ OTAYWATER DISTRICT CHECK REGISTER FOR CHECKS2020263 THROUGH 2020659 RUN DATES 10/7/2009 TO 10/28/2009 Check #Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2020285 10/07/09 10980 FIRST AMERICAN TITLE INS CO 6274627511252 10/06/09 TITLE REPORTS FOR EASEMENTS 1,000.00 6274627411257 10/06/09 TITLE REPORTS FOR EASEMENTS 1,000.00 2,000.00 2020286 10107109 07224 FRAZEE INDUSTRIES INC 797890 09/15109 PAINT FOR METERS 156.59 156.59 2020287 10107109 06291 GARCIA CALDERON &RUIZ LLP 2793 CREDIT MEMO (3,500.00) 2779 09/28/09 LEGAL SERVICES 66,310.25 62,810.25 2020288 10/07/09 03537 GHA TECHNOLOGIES INC 561308 09/11/09 TONER FOR PUBLIC SERVICES 338.21 338.21 2020289 10/07/09 00101 GRAINGER INC 9080356406 09/17/09 REPAIR PARTS 288.87 288.87 2020290 10/07/09 02187 GREENSCAPE 2252 09/14/09 LANDSCAPE 65.00 65.00 2020291 10/07/09 03773 GTC SYSTEMS INC 29156 07/30/09 CONSULTING SERVICES 7/6/09-7/24/09 4,896.20 4,896.20 2020292 10/07109 00174 HACH COMPANY 6404583 09/11109 PORTABLE D.O.METER 1,756.45 1,756.45 2020293 10107/09 06640 HD SUPPLYWATERWORKS LTD 9489176 09/11/09 INVENTORY 10,185.53 9525099 09/17/09 INVENTORY 1,958.53 12,144.06 2020294 10107109 10978 JAMES COX RF250369450 10/02/09 CUSTOMER OVER-PAYMENT 331.17 331.17 2020295 10/07/09 04996 KNOX ATTORNEY SERVICE INC 501927 09/16/09 DELIVERYOF BOARD &COMMITTEE PACKETS 28.60 501926 09/16/09 DELIVERYOF BOARD &COMMITTEE PACKETS 28.60 501928 09/16/09 DELIVERY OF BOARD &COMMITTEE PACKETS 28.60 501929 09/16/09 DELIVERY OF BOARD &COMMITTEE PACKETS 28.60 114.40 2020296 10/07/09 10414 L +L PRINTERS CARLSBAD LLC 912533 09/16/09 BIND OPERATING &CAPITAL BUDGET BOOKS 130.50 130.50 2020297 10/07/09 09880 LEIGH,ROB 001571 10/04/09 SAFETY BOOTS REIMBURSEMENT 150.00 150.00 2020298 10/07/09 06302 MCCROMETER INC 351215RI 09/14/09 SPARE PARTS FOR CCB METERAT TP 138.70 138.70 2020299 10/07/09 07399 MCGARD 288488 09/14/09 CURB STOP LOCKS AND KEYS 978.06 978.06 2020300 10/07/09 01183 MCMASTER-CARR SUPPLY CO 37818383 09/17/09 HYDRO TANK REPAIR PARTS 938.93 37591883 09/15/09 EFFLUENT PUMP STATION 927-1RP 692.08 1,631.01 2020301 10/07/09 00237 MISSION JANITORIAL &ABRASIVE 17026001 09/11/09 JANITORIAL SUPPLIES 34.97 17026002 09/14/09 JANITORIAL SUPPLIES 34.97 69.94 2020302 10/07/09 02037 MWH LABORATORIES LOO06693 06/22/09 DBP PROJECT 2ND QUARTER 2009 3,180.00 L0011225 09/11/09 AUGUST 2009 RCWWRF EFFLUENT PROJECT 428.00 3,608.00 2020303 10107/09 04676 NAPA AUTO PARTS 165760 09/14/09 REPAIR PARTS 168.91 166056 09/16/09 REPAIR PARTS 97.40 165923 09/15109 REPAIR PARTS 87.87 166008 09/16/09 REPAIR PARTS 66.69 Page 2 of 20 '--'._'--'~.~"""""''''''''''''-'''"'"''~'/''='~''''"''''''~.''''':'!".'~'''''''' OTAYWATER DISTRICT CHECKREGISTER FOR CHECKS 2020263 THROUGH 2020659 RUN DATES 10/7/2009 TO 10/28/2009 Check #Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 165830 09/15/09 REPAIR PARTS 54.20 166070 09/16/09 REPAIR PARTS 22.52 165987 09/16/09 REPAIR PARTS 14.23 166166 09/17/09 REPAIR PARTS 11.95 523.77 2020304 10/07/09 03733 NEC UNIFIED SOLUTIONS INC TMOOOOO09793 09/11/09 MAINT FOR PHONENOICE MAIL SYSTEM 336.50 336.50 2020305 10107/09 00510 OFFICE DEPOT INC 488845405001 09/16/09 OFFICE SUPPLIES 387.73 489025317001 09/17/09 TONER 116.43 488174306001 09/11/09 OFFICE SUPPLIES 116.11 488958644001 09/17/09 OFFICE SUPPLIES 60.49 488845538001 09/16/09 OFFICE SUPPLIES 32.15 188224596001 09/14109 OFFICE SUPPLIES 14.90 488174447001 09/11/09 OFFICE SUPPLIES 6.09 733.90 2020306 10/07/09 03308 PBS&J 1055204 09/11/09 PROFESSIONAL CONSULTING SERVICES 1,483.69 1,48~.69 2020307 10/07/09 10929 PORTABLE POWER SYSTEMS INC 99129 09/16/09 BATTERIES 218.25 218.25 2020308 10/07/09 10819 PREDICTIVE MAINTENANCE 1207 09/17/09 VIBRATION READIINGS &DATACOLLECTION 6,700.00 6,700.00 2020309 10107/09 10928 PROACTIVE POWER SERVICES INC CREDTOO062 CREDIT FOR IT UPS SYSTEM MAINT (1,685.63) IVC00874 09/02/09 IT UPS SYSTEM MAINTENANCE 1,685.63 IVC00871 09/02/09 IT UPS SYSTEM MAINTENANCE 1,200.00 1,200.00 2020310 10/07/09 06844 PROCESS MEASUREMENT &068025 09/17/09 640-2 LEVEL TRANSMITTER 786.66 786.66 2020311 10/07/09 06641 PRUDENTIAL OVERALL SUPPLY 30040336 09/17/09 ADMIN/OPS UNIFORMS 331.85 30040335 09/17/09 ADMIN/OPS MATS,TOWELS AND SUPPLIES 148.00 30040337 09/17/09 ADMIN/OPS MATS,TOWELS AND SUPPLIES 106.19 30039982 09/16/09 ADMIN/OPS MATS,TOWELS AND SUPPLIES 94.96 30040338 09/17/09 ADMIN/OPS UNIFORMS 66.13 30039981 09/16/09 ADMIN/OPS UNIFORMS 52.49 799.62 2020312 10107/09 00078 PUBLIC EMPLOYEES RETIREMENT Ben2399538 10/01/09 PERS CONTRIBUTION (PRE-TAX)133,794.93 133,794.93 2020313 10/07/09 09804 PUBLICIA PRESS LTD 20093407 09/11/09 BUSINESS CARDS 46.22 46.22 2020314 10/07/09 02620 ROTORK CONTROLS INC RSI33555 09/17/09 REPAIR OF ACTUATOR 2,570.42 2,570.42 2020315 10/07/09 09148 S&J SUPPLY COMPANY INC 086782 09/15/09 INVENTORY 560.06 560.06 2020316 10/07/09 05130 SAFARI MICRO INC 178268 09/11109 PC FOR CONFERENCE ROOMS 4,823.06 4,823.06 2020317 10107/09 10930 SAGE DESIGNS INC 0909407 09/15/09 ANTENNAS FOR TREATMENT PLANT 1,608.55 1,608.55 2020318 10/07/09 02680 SAN DIEGO COUNTY TREASURER 58516020000910 09/28/09 VOTERAPPROVED BOND TAXES 152.40 152.40 2020319 10/07/09 00121 SAN DIEGO GAS &ELECTRIC 001568 09/25/09 UTILITYEXPENSES 102,914.91 102,914.91 Page 3 of 20 ",,"-=~.~-~-~~';'_.':1'.., OTAYWATER DISTRICT CHECK REGISTER FOR CHECKS 2020263 THROUGH 2020659 RUN DATES 10/7/2009 TO 10/28/2009 Check #Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2020320 10107/09 05983 SIEMENS WATER TECHNOLOGIES SLS30103743 09/10109 STRANTROL 890 ORP INPUT BOARD 1,335.93 1,335.93 2020321 10107/09 03103 SOUTHCOAST HEATING &C41239 09/14/09 AIR CONDITIONING MAINTENANCE 1,013.00 1,013.00 2020322 10107/09 03516 SPECIAL DISTRICT RISK 00306261N 09/16109 WORKERS'COMPENSATION PROGRAM 60,531.00 60,531.00 2020323 10107/09 05968 STAPLES BUSINESS ADVANTAGE 3122817529 CREDIT FOR FILE POCKETS (107.66) 3122817528 08/01/09 RECORDS AND OFFICE SUPPLIES 391.41 283.75 2020324 10107109 02799 TARULLI TIRE INC -SAN DIEGO 20040208 09/17/09 TIRE SERVICE 318.85 20040129 09/14/09 TIRE SERVICE 317.49 20040131 09/17/09 TIRE SERVICE 163.08 20040130 09/14/09 TIRE SERVICE 83.05 882.47 2020325 10/07109 02376 TECHKNOWSION INC 2176 09/14/09 450 CHLORINE FEED SYSTEM SCADA SCREENS 2,657.00 2,65T-00 2020326 10107/09 08542 TNB INC 9110025 09/17/09 UNLEADED FUEL 11,170.80 11,170.80 2020327 10/07/09 08262 UNITED RENTALS NORTHWEST INC 83657019001 09/16/09 CONCRETE 140.29 140.29 2020328 10107/09 07674 US BANK CORPORATE PAYMENT 001572 09/22/09 DISTRICT EXPENSES 410.00 410.00 2020329 10/07/09 03329 VERIZON WIRELESS 0800248468 09/21/09 AIR-CARD SERVICES 8,855.41 8,855.41 2020330 10/07109 02700 WATER CONSERVATION GARDEN Otay20910 10/01/09 OPERATING COSTS FOR WATER GARDEN 19,687.50 Otay2S0910 10/01/09 OPERATING COSTS FOR WATER GARDEN 7,750.00 62619 09/25/09 WATER CONSERVATION GARDEN TOURS 1,240.00 28,677.50 2020331 10/07/09 03781 WATTON,MARK 001569 09/18/09 TRAVEL EXPENSE REIMBURSEMENT 127.43 127.43 2020332 10/07/09 01343 WE GOT YA PEST CONTROL 57218 09/14/09 PEST CONTROL -BEE REMOVAL 115.00 115.00 2020333 10/14/09 10998 ABGULRHMAN ABDY Ref002399838 10/12109 UB Refund Cst#0000090970 22.37 22.37 2020334 10/14109 11022 AGGICARPENTER Ref002399862 10/12/09 UB Refund Cst #0000146913 16.81 16.81 2020335 10/14109 10992 ANDY APSAY Ref002399832 10/12/09 UB Refund Cst#0000075279 67.22 67.22 2020336 10/14/09 11000 ANTHONY MAIELLI Ref002399840 10/12/09 UB Refund Cst#0000094587 7.71 7.71 2020337 10/14/09 11026 ATLANTIC &PACIFIC REAL ESTATE Ref002399866 10/12/09 UB Refund Cst #0000147136 26.00 26.00 2020338 10/14/09 11040 AXIA REAL ESTATE GROUP Ref002399881 10/12/09 UB Refund Cst#0000154004 75.00 75.00 2020339 10/14109 11033 BILL DE RIDDER Ref002399873 10/12/09 UB Refund Cst #0000147620 78.10 78.10 2020340 10/14/09 10988 BRIAN LLANO Ref002399828 10/12/09 UB Refund Cst #0000068598 70.00 70.00 Page 4 of 20 .~~"~-.-....-.,.,.~.'~"~,...,....,..-."",...,..,-=.,~.~,..•._.,~-~~------•.-.,-.~--~~_.-..,--,"."."""'.---,.--,...,..-~---.-,.~<---"~~,..,~---~~--_.=.~,.~~~~--_.~.-.-..""""".,..,_.,....,~'~=-~.,..,.....=~-~~.~".,.,?,/C,_" OTAYWATER DISTRICT CHECK REGISTER FOR CHECKS 2020263 THROUGH 2020659 RUN DATES 10/7/2009 TO 10/28/2009 Check #Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2020341 10/14/09 10982 CALPINE CORPORATION Ref002399821 10/12/09 UB Refund Cst #0000016177 801.62 801.62 2020342 10/14/09 11020 CARMELITA VINSON Ref002399860 10/12/09 UB Refund Cst #0000146621 59.55 59.55 2020343 10/14/09 10990 CHERE CHAVEZ Ref002399830 10/12/09 UB Refund Cst #0000073376 26.80 26.80 2020344 10/14/09 11019 CHRISTOPHER JEFFERS Ref002399859 10/12/09 UB Refund Cst #0000146611 43.35 43.35 2020345 10/14/09 11011 CYNTHIA ARELLANO Ref002399851 10/12/09 UB Refund Cst #0000142096 167.51 167.51 2020346 10/14/09 11015 DAISYVALLE Ref002399855 10/12/09 UB Refund Cst#0000144878 21.74 21.74 2020347 10/14/09 11017 DAVID STEBBINS Ref002399857 10/12/09 UB Refund Cst#0000146441 24.35 24.35 2020348 10/14/09 10997 DCXCAVATION Ref002399837 10/12/09 UB Refund Cst#0000088841 786.81 786.81 2020349 10/14/09 11012 DEAN A TRACY Ref002399852 10/12/09 UB Refund Cst#0000142386 38.28 38.28 2020350 10/14/09 11036 DENNIS DESOUZA Ref002399877 10/12/09 UB Refund Cst#0000147887 47.74 47.74 2020351 10/14/09 11010 ELISA PESKIN Ref002399850 10/12/09 UB Refund Cst #0000140693 16.32 16.32 2020352 10/14/09 10993 ERIC GREEN Ref002399833 10/12/09 UB Refund Cst #0000078884 43.64 43.64 2020353 10/14/09 11023 FIELD ASSETSERVICES Ref002399863 10/12/09 UB Refund Cst #0000147044 75.00 75.00 2020354 10/14/09 11035 GREG SEALE Ref002399875 10/12/09 UB Refund Cst #0000147682 19.82 19.82 2020355 10/14/09 11014 HARBORVIEW MORTGAGE TRUST FUN Ref002399854 10/12/09 UB Refund Cst #0000143656 200.50 200.50 2020356 10/14/09 11013 HUD HOUSING OF URBAN DEV Ref002399853 10/12/09 UB Refund Cst #0000143432 118.28 118.28 2020357 10/14/09 11007 HYE CHUN Ref002399847 10/12/09 UB Refund Cst #0000126470 129.64 129.64 2020358 10/14/09 10984 JACQUELINE HERRERA Ref002399823 10/12/09 UB Refund Cst #0000034990 7.79 7.79 2020359 10/14/09 10991 JEFF GARDNER Ref002399831 10/12/09 UB Refund Cst#0000074848 68.29 68.29 2020360 10/14/09 10995 JEFFREY BALDIE Ref002399835 10/12/09 UB Refund Cst#0000080459 50.87 50.87 2020361 10/14/09 11037 JOE DICINTIO Ref002399878 10/12/09 UB Refund Cst #0000153687 37.75 37.75 2020362 10/14/09 11002 JOSH KOHUT Ref002399842 10/12/09 UB Refund Cst#0000120722 15.07 15.07 2020363 10/14/09 11024 JUDY BOHLEN Ref002399864 10/12/09 UB Refund Cst#0000147069 61.71 61.71 2020364 10/14/09 11005 JUNG EUN KIM Ref002399845 10/12/09 UB Refund Cst#0000124221 18.32 18.32 2020365 10/14/09 10989 KATHRYN PHILLIPS Ref002399829 10/12/09 UB Refund Cst #0000071241 20.72 20.72 Page 5 of 20 -~.~~~.~.~.~~..,~=~.==~-~"'~'~'"'-""-."'~~~=~-'-~~~_~''''',""_.~__.._,~.".'_.J_'-~:-:~:_;=:~~s~~;C:"t,.~~...-d'!.'i..~.'?~9:::-:. OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS2020263 THROUGH 2020659 RUN DATES 10/7/2009 TO 10/28/2009 Check #Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2020366 10/14/09 10986 KATSUO MIURA Ref002399825 10/12/09 UB Refund Cst #0000042684 133.47 133.47 2020367 10/14/09 10999 KRISTINE SPENCER Ref002399839 10/12/09 UB Refund Cst#0000091 088 33.78 33.78 2020368 10/14109 10994 MAKOTO TOMOTSUGU Ref002399834 10/12/09 UB Refund Cst #0000079329 25.33 25.33 2020369 10/14/09 11039 MARC CARPENTER AND ASSOCIATES Ref002399880 10/12/09 UB Refund Cst #0000153969 68.31 68.31 2020370 10/14109 10981 MARTHA GONZALEZ Ref002399820 10/12/09 UB Refund Cst #0000010469 150.00 150.00 2020371 10/14/09 11003 MARY CHILDS Ref002399843 10/12/09 US Refund Cst #0000123372 23.45 23.45. 2020372 10/14109 11025 MCS MORTGAGE CONTRACTING Ref002399865 10/12/09 UB Refund Cst#0000147121 27.06 27.06 2020373 10/14/09 11001 MICHAELARROYO Ref002399841 10/12/09 UB Refund Cst #0000120461 15.10 1;;.10 2020374 10/14109 10996 MICHAELTEFFT Ref002399836 10/12/09 UB Refund Cst #0000086401 12.18 12.18 2020375 10/14/09 11043 NN JAESCHKE INC Ref002399884 10/12/09 UB Refund Cst#0000154814 469.13 469.13 2020376 10/14/09 11009 NORMA GRISELDA GONZALES Ref002399849 10/12/09 UB Refund Cst #0000140160 65.63 65.63 2020377 10/14/09 11029 OCEAN LOANS Ref002399869 10/12/09 UB Refund Cst #0000147390 32.95 32.95 2020378 10/14/09 11021 OLUSOLA ILORI Ref002399861 10/12109 UB Refund Cst #0000146671 20.55 20.55 2020379 10/14109 11032 PACFIC WEST HOME MORTGAGE Ref002399872 10/12/09 UB Refund Cst #0000147614 25.91 25.91 2020380 10/14/09 11027 PEGGY TOMASELLA Ref002399867 10/12/09 US Refund Cst #0000147180 67.15 67.15 2020381 10/14/09 11004 PETRA DEVELOPMENT Ref002399844 10/12/09 UB Refund Cst #0000124213 681.74 681.74 2020382 10/14109 10938 PLATINUM CIRCLE REAL ESTATE Ref002399876 10/12/09 US Refund Cst #0000147805 61.71 61.71 2020383 10/14/09 11034 PROVIDENT SAVINGS BANK Ref002399874 10/12/09 UB Refund Cst #0000147654 79.24 79.24 2020384 10/14/09 11038 RAY ESPINOZA Ref002399879 10/12/09 UB Refund Cst#0000153953 41.95 41.95 2020385 10/14/09 11006 RAYOSSORNE Ref002399846 10/12/09 UB Refund Cst#0000124373 150.00 150.00 2020386 10/14/09 11031 REO ACCOUNTING INC Ref002399871 10/12109 US Refund Cst#0000147556 75.00 75.00 2020387 10/14/09 10950 RICHARD LEO Ref002399826 10/12/09 UB Refund Cst#0000044051 110.88 110.88 2020388 10/14/09 11016 RICHARD LINZEY Ref002399856 10/12/09 UB Refund Cst #0000145127 86.43 86.43 2020389 10/14109 11008 ROSALVA MOYA Ref002399848 10/12/09 UB Refund Cst #0000127776 8.39 8.39 Page 6 of 20 ~-.",-".-....,.~-.,..",.".._--~~~._~---,._---r--~~"'--"'-"~'?'.;"-& OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS 2020263 THROUGH 2020659 RUN DATES 10/7/2009 TO 10/28/2009 Check #Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2020390 10/14/09 11028 ROSE AVEDISIAN Ref002399868 10/12/09 UB Refund Cst #0000147202 57.01 57.01 2020391 10/14/09 11030 ROSEMARYGONZALEZ Ref002399870 10/12/09 UB Refund Cst #0000147416 177.17 177.17 2020392 10/14109 11042 SAN DIEGO REALTY INC Ref002399883 10/12/09 UB Refund Cst #0000154265 48.02 48.02 2020393 10/14/09 11041 SILVIA LOERA-TOLEDO Ref002399882 10/12/09 UB Refund Cst #0000154166 18.97 18.97 2020394 10/14/09 10985 STEVE BILSON Ref002399824 10/12/09 UB Refund Cst #0000037891 35.33 35.33 2020395 10/14109 11018 TEAM TOWNSON Ref002399858 10/12/09 UB Refund Cst#0000146479 49.18 49.18 2020396 10/14/09 10987 VICTOR PINZON Ref002399827 10/12109 UB Refund Cst #0000058300 61.71 61.71 2020397 10/14/09 10983 YVETTE REYES Ref002399822 10/12/09 UB Refund Cst#0000029358 11.83 11.83 2020398 10/14/09 01910 ABCANA INDUSTRIES 850580 09/21/09 HYPOCHLORITE DELIVERIES 1,480.78 850578 09/21/09 HYPOCHLORITE DELIVERIES 961.33 850789 09/24/09 HYPOCHLORITE DELIVERIES 763.80 3,205.91 2020399 10/14/09 07732 AIRGAS SPECIALTY PRODUCTS INC 131136657 09/22/09 BULKAQUA AMMONIA 19%1,839.46 131136656 09/22/09 BULKAQUA AMMONIA 19%1,622.39 131136659 09/22/09 BULK AQUA AMMONIA 19%747.25 131136658 09/22109 BULK AQUA AMMONIA 19%276.36 4,485.46 2020400 10/14/09 00132 AIRGAS WEST 103546829 09/09/09 BREATHING AIR TREATMENT PLANT 109.15 109.15 2020401 10/14/09 02966 AMERICAN INDUSTRIAL SUPPLY INC 117566 09/22/09 ANTI SEIZE COMPOUND 501.09 501.09 2020402 10/14/09 03679 BRG CONSULTING INC 09082931 08/31/09 CONSULTANT CONTRACT FOR ENV SVCS 838.75 838.75 2020403 10/14/09 00223 C W MCGRATH INC 34270 09/18109 CRUSHED ROCK 95.16 95.16 2020404 10/14/09 02920 CALIFORNIA COMMERCIAL 87208 09/16/09 ASPHALT 487.85 487.85 2020405 10/14/09 09574 CALIFORNIA HIGHWAY PATROL CA429261209 10/12/09 HAZMAT TRANSPORTATION L1C RENEWAL 75.00 75.00 2020406 10/14/09 02989 CALIFORNIA MUNICIPAL 09092305 09/23/09 DEBT STATEMENT 475.00 475.00 2020407 10/14/09 10727 COMPUTER AIDED SOLUTIONS LLC 12747 09/24/09 ELECTRONIC PAPERLESS CHART RECORDERS 3,255.37 3,255.37 2020408 10/14/09 03334 COMPUTER MASTERS 74773 09/21/09 TONER 516.56 516.56 2020409 10/14/09 09510 CONFERENCECALL.COM B120219130 09/30109 CONFERENCE CALLING SERVICE 45.37 45.37 2020410 10/14/09 00184 COUNTY OF SAN DIEGO DEH100096D11 10106/09 RECLAIMED WATER SHUT DOWN TEST 952.00 DEH100084D11 10106/09 RECLAIMED WATER SHUT DOWN TEST 833.00 1,785.00 2020411 10/14/09 08892 CUDAL,TED 001582 10106/09 TRAVEL EXPENSE REIMBURSEMENT 69.99 69.99 Page 7 of 20 ~----~~~'~""~....,,~,.,,~~=.".~_~"7"".~.~=-_".<~_~""""...,.,.'·;::,~d:;;,:i&.~:'_~ OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS 2020263 THROUGH 2020659 RUN DATES 10/7/2009 TO 10/28/2009 Check #Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2020412 10/14/09 00319 DEPARTMENT OF PUBLIC HEALTH 0960515 09/30/09 AB 2995 WATER SYSTEMS FEES 9,546.65 9,546.65 2020413 10/14109 03417 DIRECTV 1106598346 10/05/09 SATELLITE TV SERVICE 10.00 10.00 2020414 10/14/09 00645 FEDEX 935085290 10/02/09 OVERNIGHT PICK-UP &DELIVERY MAIL SVCS 23.52 23.52 2020415 10/14/09 03546 FERGUSON WATERWORKS #1082 0327713 09/18/09 RETRO-FIT 48.94 48.94 2020416 10/14/09 04066 FIRST CHOICE SERVICES -SD 015368 09/22/09 COFFEE SUPPLIES 287.83 287.83 2020417 10/14109 10830 FLEISHER PRODUCTS &SIGNS 21980 09/23/09 LABELS FOR 640/850 RESERVOIRS 24.31 24.31 2020418 10/14109 01612 FRANCHISETAX BOARD Ben2399924 10/15/09 PAYROLL DEDUCTION 75.00 75.00 2020419 10/14/09 02344 FRANCHISE TAX BOARD Ben2399928 10/15/09 PAYROLL DEDUCTION 313.82 31~.82 2020420 10/14/09 00131 GOVERNMENT FINANCE OFFICERS 1535520010910 10106/09 ANNUAL MEMBERSHIP RENEWAL 580.00 580.00 2020421 10/14/09 00101 GRAINGER INC 9076725119 09/18/09 MASTER SECURITY LOCKS 547.59 9085111228 09/24109 SEWAGE PUMP 431.63 9080624100 09/18/09 REPAIR PARTS 186.45 9081977259 09/21/09 WASTE DISPOSAL 138.26 9084358135 09/24/09 REFLECTIVEWARNING TAPE 79.13 9082491573 09/22/09 REPAIR PARTS 62.15 1,445.21 2020422 10/14/09 03289 GRANGER,WILLIAM E 15711009 10/09/09 TRAVEL EXPENSE REIMBURSEMENT 369.15 369.15 2020423 10/14/09 00174 HACH COMPANY 6418777 09/22/09 LABORATORY SUPPLIES 1,525.81 1,525.81 2020424 10/14109 10973 HDR ENGINEERING INC 135243H 09/15/09 TEMPORARYLABORSERVICES 5,600.00 5,600.00 2020425 10/14/09 04472 HECTOR I MARES-COSSIO 54 08/31109 BI-NATIONAL CONSULTANTSERVICES 3,600.00 3,600.00 2020426 10/14/09 08610 HENRYBROS ELECTRONICS INC 13090109 09/24/09 LENEL SOFTWARE FOR CUSTOMIZED REPORT~4,400.00 4,400.00 2020427 10/14/09 06843 HI-TECH AIR CONDITIONING 20406 09/23/09 DATA CENTER AC MAINTENANCE 575.00 20454 09/24/09 DATA CENTER AC MAINTENANCE 372.50 947.50 2020428 10/14/09 10968 INDUSTRIAL NETWORKING INV0112283 09/18/09 SURVEILLANCE CAMERAS FOR 1296SITE 826.46 826.46 2020429 10/14/09 10563 JCI JONES CHEMICALS INC 446076 CREDIT FOR CHLORINE (3,000.00) 445903 09/24/09 CHLORINE FOR TREATMENT PLANT 4,684.65 1,684.65 2020430 10/14/09 03172 JONES &STOKES ASSOCIATES 0065646 09/18/09 P1253 SAN MIGUEL HABITAT MGMT AREA 18,021.85 0065654 09/18/09 ENVIRONMENTAL CONSULTING SERVICES 13,687.41 0065641 09/18/09 ON-CALL ENVIRONMENTAL SVCS 1,503.25 0065640 09/18/09 ON-CALL ENVIRONMENTAL SVCS 858.75 0065642 09/18/09 ON-CALL ENVIRONMENTAL SVCS 817.81 Page 8 of 20 -~'.'~~~.~--<".,."..,.""'.-_'."~....,..,.~~..,'~~'-"~r~"'''''~"y-~__~~·__",·.7"~~'~·~~__'_~,="""",,,;,.Cr"";~=~~-~'~ OTAYWATER DISTRICT CHECK REGISTER FOR CHECKS 2020263 THROUGH 2020659 RUN DATES 10nJ2009 TO 1012812009 Check #Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 0065644 09118109 ON-CALL ENVIRONMENTAL SVCS 487.50 35,376.57 2020431 10114109 09219 JOSE E PEREIRA ENGINEERING 4 09123/09 P2422 INTERAGENCY WTR MTR CONNECTION 28,200.33 28,200.33 2020432 10114109 05109 KEARNY PEARSON FORD 253704 09122109 REPAIR PARTS 1,399.47 1,399.47 2020433 10114/09 07493 KEITH OLIVER &ASSOCIATES 1176 09117/09 AUXILIARY OIL FILTER SYSTEM 1,813.95 1,813.95 2020434 10/14/09 06497 LAKESIDE LAND COMPANY 230779 09/24/09 ASPHALT 36.48 36.48 2020435 10/14/09 05220 LOGICALIS INTEGRATION SOLUTION S925437 09/23/09 IT BATTERY INSTALLATION 4,900.00 4,900.00 2020436 10114109 04676 NAPAAUTO PARTS 166389 09/18/09 REPAIR PARTS 143.29 166327 09/18/09 REPAIR PARTS 121.67 166910 09/23/09 REPAIR PARTS 46.96 163442 08/25/09 REPAIR PARTS 38.06 166716 09/21/09 REPAIR PARTS 35.12 167125 09/24/09 REPAIR PARTS 30.96 166811 09122/09 REPAIR PARTS 26.09 166925 09/23/09 REPAIR PARTS 20.13 166765 09/22/09 REPAIR PARTS 9.95 166376 09/18/09 REPAIR PARTS 4.79 477.02 2020437 10/14/09 03523 NATIONAL DEFERRED COMPENSATION Ben2399908 10/15/09 DEFERRED COMP PLAN 8,726.02 8,726.02 2020438 10/14/09 00510 OFFICE DEPOT INC 489759101001 09/23/09 OFFICE SUPPLIES 571.49 488959501001 09/17109 ENVELOPES 151.60 488176565001 09/16109 INSPECTION STAMP 55.18 489547951001 09/22/09 OFFICE SUPPLIES 16.80 488174306002 09/23/09 OFFICE SUPPLIES 13.18 489759147001 09/23/09 OFFICE SUPPLIES 7.74 815.99 2020439 10/14/09 00496 ONESOURCE DISTRIBUTORS LLC S3182645001 09/23/09 WELDING CABLE 334.10 334.10 2020440 10114/09 02334 OTAY LANDFILL 008573 09130109 WASTE DISPOSAL SERVICES 35.79 35.79 2020441 10/14/09 03101 OTAY WATER DISTRICT Ben2399910 10/15109 PAYROLL DEDUCTION -ASSN DUES 805.00 805.00 2020442 10/14/09 03780 OWEN,DOUGLAS WESTLEY 16331009 10/28/09 TRAVEL EXPENSE REIMBURSEMENT 393.40 393.40 2020443 10/14/09 08891 PACIFIC METER SERVICES INC 176 09/09/09 WATER METER REPLACEMENT FY 2010 23,547.72 179 09/22/09 WATER METER REPLACEMENT FY 2010 1,583.04 25,130.76 2020444 10/14/09 03308 PBS&J 1057191 08/29/09 2009 MASTER PLAN UPDATE 6,961.50 6,961.50 2020445 10/14/09 08398 PEERLESS MATERIALS COMPANY 6819 09/23/09 WIPING RAGS 250.13 250.13 2020446 10/14/09 00137 PETTY CASH CUSTODIAN 001585 10/13/09 PETTYCASH REIMBURSEMENT 975.75 975.75 Page 9 of 20 •____~~·.~~~'...___r_<y -"'C-C-,"""'-"""~~~"""""'~_""'_- -__7~__~__·_"___.__~~_•._·"'~-'-7·,~_'~~··'~~_'~~~__'__.'·-;~~~':'~.!/2'';;'@.J~8,c'"':7:. OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS 2020263 THROUGH 2020659 RUN DATES 10/7/2009 TO 10/28/2009 Check #Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2020447 10/14/09 10929 PORTABLE POWER SYSTEMS INC 99319 09/23/09 BATTERIES FOR UPS 67.60 67.60 2020448 10/14/09 05499 PRAXAIR DISTRIBUTION INC 34320731 09/20109 WELDING SUPPLIES &EQUIPMENT 454.36 454.36 2020449 10/14109 06641 PRUDENTIAL OVERALL SUPPLY 30042044 09/24/09 ADMINIOPS UNIFORMS 324.93 30042043 09/24109 ADMINIOPS MATS,TOWELS AND SUPPLIES 148.00 30042045 09/24/09 ADMINIOPS MATS,TOWELS AND SUPPLIES 106.19 30041672 09/23/09 ADMINIOPS MATS,TOWELS AND SUPPLIES 94.96 30042046 09/24/09 ADMINIOPS UNIFORMS 66.13 30041671 09/23/09 ADMIN/OPS UNIFORMS 54.49 794.70 2020450 10/14/09 09804 PUBLICIA PRESS LTO 20093431 09/24/09 BUSINESS CARDS 29.91 29.91 2020451 10/14109 00021 RCP BLOCK &BRICK INC 4337531 09/18/09 CONCRETE 2,073.17 2,073.17 2020452 10/14/09 09148 S&J SUPPLY COMPANY INC 086990 09/16109 HAND HOLE I THREAD PLUG 583.88 58~.88 2020453 10/14/09 05130 SAFARI MICRO INC 178571 09/22/09 WIRELESS KEYBOARDS 810.19 178570 09/22/09 CANON SCANNER 565.50 1,375.69 2020454 10/14/09 00121 SAN DIEGO GAS &ELECTRIC 001577 10/05/09 UTILITY EXPENSES 33,252.65 001584 09/17/09 UTILITY EXPENSE 20.96 33,273.61 2020455 10/14/09 05983 SIEMENS WATER TECHNOLOGIES 2880375·09/24/09 T-PLANT CL2 REGULATOR REBUILD 255.00 255.00 2020456 10/14/09 03592 SOFTCHOICE CORPORATION 2156993 09/21/09 PANASONIC TOUGHBOOKS 9,389.13 9,389.13 2020457 10/14/09 03760 SPANKY'S PORTABLE SERVICES INC 821837 09/17/09 PORTABLE TOILET RENTAL 98.25 98.25 2020458 10/14/09 02354 STANDARD ELECTRONICS 12959 09/01/09 SECURITY SERVICE &REPAIRS 127.50 13039 09/15/09 SECURITY SERVICE &REPAIRS 85.00 212.50 2020459 10/14/09 05968 STAPLES BUSINESS ADVANTAGE 3125066453 09/19/09 COPY PAPER WHITE 1,142.20 1,142.20 2020460 10/14/09 00097 STATE BOARD OF EQUALIZATION 440221330909 09/30/09 UNDERGROUND STORAGE TANK MAINT FEE 209.80 209.80 2020461 10/14/09 00480 STATE BOARD OF EQUALIZATION 001588 09/30/09 CALIFORNIA SALES USE TAX 3,438.60 3,438.60 2020462 10/14/09 06281 STATE DISBURSEMENT UNIT Ben2399926 10/15/09 PAYROLL DEDUCTION 286.73 286.73 2020463 10/14/09 06299 STATE DISBURSEMENT UNIT Ben2399914 10/15109 PAYROLL DEDUCTION 237.69 237.69 2020464 10/14/09 06303 STATE DISBURSEMENT UNIT Ben2399920 10/15/09 PAYROLL DEDUCTION 836.30 836.30 2020465 10/14/09 08533 STATE DISBURSEMENT UNIT Ben2399918 10/15109 PAYROLL DEDUCTION 841.01 841.01 2020466 10/14/09 02261 STATE STREET BANK &TRUST CO Ben2399906 10/15/09 DEFERRED COMP PLAN 6,806.58 6,806.58 2020467 10/14109 02656 STEVENS,GEOFFREY 14821009 10108/09 TRAVEL EXPENSE REIMBURSEMENT 366.20 366.20 Page 10 of 20 "'~'~""-~="~-'-"'-~"'~~.~~'."~."'.'-'_';'_'._~~.~_""""7-"~~~.~.~_.~.~...........,.,.--~,~.'''~_~'_''~"="'._,.,.,..~=~.....-...",""""","''"''C'''''--''''·~~~.~""",-:"",.=__",';_:"__:"~_~.-'..;'.<"'~" OTAYWATER DISTRICT CHECK REGISTER FOR CHECKS 2020263 THROUGH 2020659 RUN DATES 10/7/2009 TO 10/28/2009 Check #Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2020468 10/14/09 10412 SYSTEM ID WAREHOUSE 6197460 07/24109 METER SCANNER SOFTWAREISOURCE CODE 3,375.00 3,375.00 2020469 10/14/09 02799 TARULLI TIRE INC -SAN DIEGO 20040301 09/24/09 TIRE SERVICE 365.50 20040266 09/22109 TIRE SERVICE 160.57 526.07 2020470 10/14/09 03608 TELLIARD CONSTRUCTION 20011251 09/22/09 NCUNIT 3,600.00 3,600.00 2020471 10/14/09 03314 TRAN, THIEN 001578 10/09/09 COMPUTER LOAN PROGRAM 834.04 834.04 2020472 10/14/09 03261 TYLER TECHNOLOGIES INC 17481 08/31/09 CIP EXPENDITURE-EDEN 150.00 150.00 2020473 10/14/09 05417 UNITED STATES DEPARTMENT Ben2399922 10/15/09 PAYROLL DEDUCTION 100.00 100.00 2020474 10/14/09 00350 UNITED STATES POSTAL SERVICE 104339511009 10/08/09 REIMBURSE POSTAGE MACHINE 3,300.00 3,300.00 2020475 10/14/09 07674 US BANK CORPORATE PAYMENT 001580 09/22/09 DISTRICT EXPENSES 635.82 001586 09/22109 DISTRICT EXPENSES 42.46 678.28 2020476 10/14/09 01095 VANTAGEPOINT TRANSFER AGENTS Ben2399912 10/15/09 DEFERRED COMP PLAN 6,491.12 6,491.12 2020477 10/14/09 06414 VANTAGEPOINT TRANSFERAGENTS Ben2399916 10/15/09 401APLAN 826.20 826.20 2020478 10/14/09 07780 WEBERSCIENTIFIC 00482113 09/18/09 LABORATORY SUPPLIES 118.85 118.85 2020479 10/14/09 02230 WILLIAMSON,KELLI M 001581 10/09/09 TRAVEL EXPENSE ADVANCEMENT 116.00 116.00 2020480 10/21109 01910 ABCANA INDUSTRIES 851002 09/28/09 BULKSODIUM HYPOCHLORITE 1,233.50 851461 10/01/09 BULK SODIUM HYPOCHLORITE 832.57 851003 09/28/09 BULK SODIUM HYPOCHLORITE 823.80 851462 10/01/09 BULK SODIUM HYPOCHLORITE 320.44 3,210.31 2020481 10/21/09 10971 ABCOW STAFFING 1125 09/25/09 SDCWA INTERN 270.00 1147 10/09/09 SDCWA INTERN 270.00 540.00 2020482 10/21/09 08488 ABLEFORCE INC 1922 10/06/09 CONSULTING SERVICES -IS DEPT 3,315.00 1915 10/06/09 CONSULTING SERVICES -IS DEPT 3,060.00 6,375.00 2020483 10/21/09 00421 ADVANCED DIESEL INJECTION INC 32250 09/04/09 REBUILD PARTS 585.02 585.02 2020484 10/21/09 10090 AECOM USA INC 22 09/09/09 PLAN CHECKS &INSPECTION SERVICE 6,882.10 6,882.10 2020485 10/21/09 00132 AIRGASWEST 103204275 09/30109 BREATHING AIR TREATMENT PLANT 26.93 26.93 2020486 10/21/09 02618 ALHAMBRA RUBBER &26923 09/29/09 METER GASKETS 1,278.66 1,278.66 2020487 10/21/09 01463 ALLIED ELECTRONICS INC 11971400 09/30109 ELECTRICAL PARTS FOR UPS FAIL CIRCUITS 1,377.18 11970X 09/30109 COOLING FANS FOR TP RELOCATED SERVERS 722.05 2,099.23 Page 11 of 20 '_~""'-""""""'="""""""""""~~"~,........".·~.~____~___~____,•._.~"....,.~.~._~~.~__~,.T'~·T"""'-?,_.~~.~~..._>.~",.-,.......,..."'....""---"~-- OTAYWATER DISTRICT CHECK REGISTER FOR CHECKS 2020263 THROUGH 2020659 RUN DATES 101712009 TO 10/28/2009 Check #Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2020509 10/21/09 02591 FITNESS TECH INC 6068 10/01/09 MAINTENANCE FOR FITNESS EQUIPMENT 125.00 125.00 2020510 10/21/09 06276 GIFFORD ENGINEERING INC 9537 09/29/09 RADIO PARTS 495.90 495.90 2020511 10/21/09 00131 GOVERNMENT FINANCE OFFICERS 3000168541009 10/08/09 ANNUAL SUBSCRIPTION RENEWAL 235.00 235.00 2020512 10/21/09 02187 GREENSCAPE 2259 10/01/09 LANDSCAPING SVCS -FIRST OPTION YEAR 6,090.00 2270 09/25109 CLEARING OF 1 ACRE PARCEL IN OPS AREA 2,200.00 8,290.00 2020513 10/21/09 03773 GTC SYSTEMS INC 29388 09/30/09 TECHNICAL SUPPORT FOR CITRIX 524.35 524.35 2020514 10/21/09 02630 HAAKER EQUIPMENT COMPANY C69956 09/25/09 REPAIR PARTS 224.13 224.13 2020515 10/21109 00174 HACH COMPANY 6431988 10/01/09 CHLORINE &AMMONIA ANALYZER 2,041.35 2,041.35 2020516 10/21/09 06640 HD SUPPLY WATERWORKS LTD 9525100 09/30/09 INVENTORY 779.74 9601732 09/30/09 INVENTORY 304.50 1,084.24 2020517 10/21/09 04472 HECTOR I MARES-COSSIO 55 09/30/09 BI-NATIONAL CONSULTANT SERVICES 3,600.00 3,600.00 2020518 10/21/09 00062 HELIX WATER DISTRICT 178540011009 10/12109 WATER BILL -AVOCADO BLVD 45.94 174639861009 10/12109 WATER BILL -RUSSELL SQ 42.20 88.14 2020519 10/21109 06540 HORIZON CRANE SERVICE LLC 5286 09/30/09 CRANE RENTAL 725.00 5283 09/26/09 GENERATOR INSTALLATION 600.00 1,325.00 2020520 10/21/09 08969 INFOSEND INC 39370 09/30/09 POSTAGE 17,142.39 39369 09/30/09 BILL PRINTING SERVICES 7,236.89 24,379.28 2020521 10/21/09 02372 INTERIOR PLANT SERVICE INC 32269 09/30/09 PLANTSERVICES 169.00 169.00 2020522 10/21/09 03077 JANI-KING OF CALIFORNIA INC SD010090262 10/01/09 OFF-SITE JANITORIAL SERVICES 1,042.00 1,042.00 2020523 10/21/09 04996 KNOX ATTORNEYSERVICE INC 504475 09/29109 DELIVERY OF BOARD &COMMITTEE PACKETS 28.60 504474 09/29/09 DELIVERY OF BOARD &COMMITTEE PACKETS 28.60 504478 09/29/09 DELIVERY OF BOARD &COMMITTEE PACKETS 28.60 504476 09/29/09 DELIVERY OF BOARD &COMMITTEE PACKETS 28.60 504477 09/29/09 DELIVERY OF BOARD &COMMITTEE PACKETS 28.60 143.00 2020524 10/21/09 10414 L + L PRINTERS CARLSBAD LLC 912903 09/28/09 BIND OPERATING &CAPITAL BUDGET BOOKS 65.25 65.25 2020525 10/21/09 06497 LAKESIDE LAND COMPANY 231020 10101/09 ASPHALT 97.84 97.84 2020526 10/21/09 05220 LOGICALIS INTEGRATION SOLUTION S925503 09/29/09 WIRELESS MESH RADIO IMPLEMENT PROJECT 2,000.00 2,000.00 2020527 10/21/09 02902 MARSTON+MARSTONINC 2009101 10101/09 PUBLIC &COMMUNITY OUTREACH RELATIONS 2,802.50 2009103 10/01/09 BI-NATIONAL DESAL COMMUNITY OUTREACH 2,430.00 2009102 10/01/09 JAMACHAPIPELINE COMMUNITYOUTREACH 1,841.06 7,073.56 Page 13 of 20 ._~~-----_~·'~·"r"··'·__.~,_~'~""~'~'.~.-"--.~,.,..---~..~~-.----~._~~__._.~,·C~~~,~_..\~,,.._"".'.,,""·",:.""":C"l;;:.l\?:>lilii0:f~":;,. OTAYWATER DISTRICT CHECK REGISTER FOR CHECKS2020263 THROUGH 2020659 RUN DATES 10/7/2009 TO 10/28/2009 Check #Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2020528 10/21/09 05329 MASTER METER INC 01604431N 09/30/09 INVENTORY 403,052.02 403,052.02 2020529 10/21/09 01183 MCMASTER-CARR SUPPLY CO 38673560 09/29/09 PARTS FOR LIFT STATION REPAIRS 423.66 38767833 09/30/09 PARTS FOR LIFT STATION REPAIRS 19.53 443.19 2020530 10/21/09 01524 MESA LABORATORIES INC 03549151N 09/25/09 NUSONIC FLOW METER AND TRANSDUCERS 12,533.94 12,533.94 2020531 10/21/09 00887 MIRAMAR TRUCK CENTER-SAN DIEGO 255486 09/25/09 REPAIR PARTS 464.88 464.88 2020532 10/21109 00237 MISSION JANITORIAL &ABRASIVE 17440100 09/30/09 JANITORIAL SUPPlES 778.62 778.62 2020533 10/21109 02371 MOODY'S INVESTORS SERVICE C1719438000 09/21/09 MOODY'S CREDIT RATING 5,500.00 5,500.00 2020534 10/21/09 02037 MWH LABORATORIES 'L0012682 09/30/09 SEPTEMBER 2009 RCWRF EFFLUENT PROJECT 498.00 498.00 2020535 10/21/09 04676 NAPA AUTO PARTS 168032 10/01/09 REPAIR PARTS 222.48 167542 09/28/09 REPAIR PARTS 64.98 167757 09/29/09 REPAIR PARTS 36.41 167493 09/28/09 REPAIR PARTS 26.05 167273 09/25/09 REPAIR PARTS 25.01 168117 10/01/09 REPAIR PARTS 23.92 167739 09/29/09 REPAIR PARTS 23.45 167654 09/29109 REPAIR PARTS 21.89 167933 09/30/09 REPAIR PARTS 19.01 167676 09/29/09 REPAIR PARTS 17.81 167740 09/29/09 REPAIR PARTS 17.35 167915 09/30/09 REPAIR PARTS 8.33 506.69 2020536 10/21/09 09881 NATGUN CORPORATION 08C558 09/30/09 P2143 1296-3 RESERVOIR 2.0 MG 144,063.90 144,063.90 2020537 10/21/09 09884 NATIONAL SAFETY COMPLIANCE INC 44229 09/30/09 RANDOM DRUG TESTING 555.74 555.74 2020538 10/21/09 08891 PACIFIC METER SERVICES INC 181 09/29/09 WATER METER REPLACEMENT FY 2010 9,267.38 9,267.38 2020539 10/21/09 01002 PACIFIC PIPELINE SUPPLY 135003 09/29/09 INVENTORY 13,593.75 13,593.75 2020540 10/21/09 09043 PARADIGM SYSTEMS SOLUTIONS INC 9137 09/30/09 RUGGED PANASONIC LAPTOPS 28,444.00 28,444.00 2020541 10/21/09 05497 PAYPAL INC 5384040 09/30/09 ON-LINE PAYMENT SERVICES 502.10 502.10 2020542 10/21109 03649 PECK S HEAVY FRICTION INC 198869 10/01109 REPAIR PARTS 917.59 917.59 2020543 10/21/09 03457 PERSONAL TOUCH WEST 21240 09/29/09 W/C CUSTOM STRESS DROPS 2,313.21 2,313.21 2020544 10/21/09 03351 POSADA,ROD 15571009 10/07/09 TRAVEL EXPENSE REIMBURSEMENT 255.30 255.30 2020545 10/21/09 10662 PROFESSIONAL MAINTENANCE 72165 10/01/09 JANITORIAL SERVICES 2,675.00 2,675.00 Page 14 of 20 .-~-..~.-~~.--c-o-.•~~",'.~"""''"''''''"-'''-~;:-''""''7:.'''?7f?IT·l53£Ei'ffl;Iiiiii1ijJriii'li~jfi;;~-~_ OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS 2020263 THROUGH 2020659 RUN DATES 10/7/2009 TO 10/28/2009 Check #Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2020546 10/21/09 06641 PRUDENTIAL OVERALL SUPPLY 30043712 10/01/09 ADMIN/OPS UNIFORMS 324.93 30043711 10/01/09 ADMIN/OPS MATS,TOWELS AND SUPPLIES 148.00 30038642 09/10/09 ADMIN/OPS MATS,TOWELS AND SUPPLIES 137.89 30043713 10/01/09 ADMIN/OPS MATS,TOWELS AND SUPPLIES 106.19 30043354 09/30/09 ADMIN/OPS MATS,TOWELS AND SUPPLIES 94.96 30043714 10/01/09 ADMIN/OPS UNIFORMS 66.13 30043353 09/30/09 ADMIN/OPS UNIFORMS 47.31 925.41 2020547 10/21/09 00078 PUBLIC EMPLOYEES RETIREMENT Ben2399904 10/15/09 PERS CONTRIBUTION (PRE-TAX)134,723.42 134,723.42 2020548 10/21/09 10294 QWIKPRINTS 092441516 09/01/09 FINGERPRINTING SERVICES 20.00 20.00 2020549 10/21/09 00766 RANROY PRINTING COMPANY 098670 09/29109 LETTERHEADAND ENVELOPES 2,542.58 2,542.58 2020550 10/21/09 06645 RELIABLE ELEVATOR INC 18868 10/01109 ELEVATOR SERVICE &MAINTENANCE 430.00 430.00 2020551 10/21/09 11046 RICH RIEL 001609 10/13/09 DEPOSIT FOR DJ FOR HOLIDAY EVENT 100.00 100.00 2020552 10/21/09 05130 SAFARI MICRO INC 178803 09/29/09 APC BACK-UP DEVICES 2,109.75 2,109.75 2020553 10/21/09 00003 SAN DIEGO COUNTY WATER 7051 09/28/09 SYNTHETIC TURF PROGRAM 1,309.00 1,309.00 2020554 10/21/09 00247 SAN DIEGO DAILY TRANSCRIPT 159654 09/24/09 BID ADVERTISEMENT 57.35 159653 09/24/09 BID ADVERTISEMENT 55.80 113.15 2020555 10/21/09 00121 SAN DIEGO GAS &ELECTRIC 001612 10/05/09 UTILITY EXPENSES 5,061.06 5,061.06 2020556 10/21/09 05983 SIEMENS WATER TECHNOLOGIES 2883177 09/25/09 COLUMN EXCHANGES 196.08 4590487 10/01/09 DEIONIZED PROCESSING TANK RENTAL 71.07 267.15 2020557 10/21/09 03760 SPANKY'S PORTABLE SERVICES INC 822589 .09/25/09 PORTABLE TOILET RENTAL 80.06 822590 09/25/09 PORTABLE TOILET RENTAL 80.06 822591 09/25/09 PORTABLE TOILET RENTAL 80.06 822673 09/28/09 PORTABLE TOILET RENTAL 80.06 320.24 2020558 10/21/09 03516 SPECIAL DISTRICT RISK 00310051N 10/06/09 AUDIT WORKERS'COMP PREMIUM 20,275.75 20,275.75 2020559 10/21/09 02354 STANDARD ELECTRONICS 13081 09/28/09 SECURITY SERVICE &REPAIRS 631.71 13072 09/28/09 SECURITY SERVICE &REPAIRS 170.00 801.71 2020560 10/21/09 00097 STATE BOARD OF EQUALIZATION 0440221331009 10/08/09 STORAGE TANK MAINT FEE 24.14 24.14 2020561 10/21/09 06841 SUPERIOR ENVIRONMENTAL 0909057 09/29/09 DATA CENTER CLEANING SERVICES 725.00 725.00 2020562 10/21/09 02799 TARULLI TIRE INC -SAN DIEGO 20040358 09/29109 TIRE SERVICE 359.50 20040331 09/28/09 TIRE SERVICE 269.99 629.49 2020563 10/21/09 04977 T-MOBILE 4150860451009 10/19/09 CELL PHONE &BLACKBERRY SERVICES 982.49 982.49 Page 15 of 20 ~-,._--~~--_.-'"-_.._-...."'~_._-..~...,..-'::-_-..,.-,-_~.."..~...,,~,.~.,-.-_....,F'""'=.,...,..•.,~.,,'"r~_.,_";r"~:~'_0_,~,_'.:._,~.~J~,~;;,~"L;;:'~,. OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS 2020263 THROUGH 2020659 RUN DATES 10/7/2009 TO 10/28/2009 Check #Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2020564 10/21109 03538 TUBE SERVICE CO 45 451V082710 09/29/09 REPAIR 173.13 173.13 2020565 10/21/09 00427 UNDERGROUND SERVICE ALERT OF 920090454 10/01/09 UNDERGROUND TRENCH SERVICE ALERTS 271.50 271.50 2020566 10/21/09 00075 UNION TRIBUNE PUBLISHING CO 0010297129 09/24109 BID ADVERTISEMENT 204.80 0010297089 09/24/09 BID ADVERTISEMENT 204.80 409.60 2020567 10121109 08262 UNITED RENTALS NORTHWEST INC 83896420001 09129109 CONCRETE 227.78 83897887001 09/29109 CONCRETE 160.95 388.73 2020568 10/21/09 07674 US BANK CORPORATE PAYMENT 001616 09122109 DISTRICT EXPENSES 9,327.50 9,327.50 2020569 10121109 04345 US CONCRETE PRECAST GROUP 0138910lN 09/25/09 INVENTORY 3,489.83 3,489.83 2020570 10/21/09 06829 US SECURITY ASSOCIATES INC 650793 09130109 AFTER HOURS SECURITYSVCS 417.30 417.30 2020571 10121109 02674 USA BLUE BOOK 905245 09128/09 MISC SUPPLIES 197.13 197.13 2020572 10/21/09 08028 VALLEY CONSTRUCTION MANAGEMEN-SD080212 09130109 AS-NEEDED CONSTRUCTION MGMT SVCS 15,240.00 15,240.00 2020573 10/21/09 10340 WAGEWORKS INC 78111 10101/09 FLEXIBLE SPENDING ACCOUNT ADMIN 598.80 598.80 2020574 10121109 00262 WATER AGENCIES ASSOCIATION 001610 10/14/09 QUARTERLY MEETING 180.00 180.00 2020575 10121/09 09570 WESTERN PACIFIC PIPELINE CORP 010109 10101109 STRAW WADDLE 913.50 913.50 2020576 10/21109 00125 WESTERN PUMP INC 00804121N 09129/09 APCD TESTING 400.00 400.00 2020577 10/28109 04070 ABACOR INC 16304 09130109 REPAIR COVER 477.67 16305 10102109 REPAIR TARP COVER 321.09 798.76 2020578 10128109 01910 ABCANA INDUSTRIES 851990 10/12/09 BULKSODIUM HYPOCHLORITE 1,555.41 850430 09118/09 BULK SODIUM HYPOCHLORITE 1,316.90 851615 10105109 BULK SODIUM HYPOCHLORITE 1,198.37 851989 10/12109 BULK SODIUM HYPOCHLORITE 1,109.12 851614 10/05109 BULK SODIUM HYPOCHLORITE 832.57 852187 10/15109 BULK SODIUM HYPOCHLORITE 740.39 851784 10108/09 BULK SODIUM HYPOCHLORITE 671.61 7,424.37 2020579 10128/09 08488 ABLEFORCE INC 1937 10/27109 CONSULTING SERVICES -IS DEPT 3,145.00 3,145.00 2020580 10128109 04810 ALBERTO RAMIREZ 001637 10127109 WIO REFUND -D0725-090051 1,790.21 1,790.21 2020581 10/28/09 00002 ANSWER INC 2173 10/22109 TELEPHONEANSWERING SERVICES 1,000.00 1,000.00 2020582 10/28109 05758 AT&T 001588 10107109 PHONE SERVICE (HI HEAD PIS-SCADA)32.33 32.33 2020583 10/28109 07785 AT&T 000000895086 10102109 PHONE SERVICES 5,746.95 5,746.95 Page 16 of 20 -______~_.___~.~____.,.._.•'~"'"""7"'.•__..~_.__..,..-.-"..,...,.,...._,'_..,.~~._,,_,,"'"',...,,-',.....,.,...._~~.~.~•.._=c-,T."......"..,.....,.."...___-=_.,..,·~..~..' ..,.~."..,.~~".........,==""""=~~-~~:~""i:,::~=t,:2::;ljz;5..l:£ar.,.....=~ OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS2020263 THROUGH 2020659 RUN DATES 10/7/2009 TO 10/28/2009 Check#Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2020584 10/28/09 08330 AT&T INTERNET SERVICES 8547826250909 09/22/09 OPTE MAN INTERNET BANDWIDTH 1,200.00 1,200.00 2020585 10/28109 02401 CAJON VALLEY UNION SCHOOL DIST 9651 10/19/09 REIMB FORTRIP TO CONSV GARDEN 80.00 80.00 2020586 10/28/09 01004 CALOLYMPIC SAFETY 061774 10105109 SAFETY EQUIPMENT -TOE GUARDS 62.78 62.78 2020587 10/28/09 08009 CANON BUSINESS SOLUTIONS INC 142378378 10107/09 STAPLE CARTRIDGE 78.13 78.13 2020588 10/28/09 03334 COMPUTER MASTERS 74905 10/08/09 UPS BATTERIES 147.31 147.31 2020589 10/28/09 11051 CONDE,LEO 001627 10/21109 SAFETY BOOTS REIMBURSEMENT 120.72 120.72 2020590 10/28/09 04398 CONSTRUCTION MANAGEMENT 001629 10/26/09 REGISTRATION FEE 55.00 55.00 2020591 10/28109 03624 COPY LINK INC AR105139 10/08/09 COPIER SERVICE CALL 120.00 120.00 2020592 10/28/09 02612 COUNCIL OF WATER UTILITIES 001619 10/20/09 MONTHLY MEETING 25.00 25.00 2020593 10/28/09 07687 CUYAMACA COLLEGE 652 10/14109 DEFENSIVE DRIVER TRAINING 2,400.00 2,400.00 2020594 10/28/09 00319 DEPARTMENT OF PUBLIC HEALTH 151031009 10/21/09 CERTIFICATE RENEWAL 90.00 90.00 2020595 10/28/09 03417 DIRECTV 1116361648 10/19/09 SATELLITE TV SERVICE 5.00 5.00 2020596 10/28/09 01926 EAST COUNTY URGENT CARE 001632 10/08/09 ON-SITE FLU SHOTS 756.00 756.00 2020597 10/28/09 07596 ENVIRONMENTAL EXPRESS INC 1000195441 10/15/09 TSSNSS FILTERS TREATMENT PLANT PROC 936.60 936.60 2020598 10/28/09 03546 FERGUSON WATERWORKS #1082 0328336 10/08/09 INVENTORY 2,601.42 0328098 10/05109 INVENTORY 672.08 03283381 10/07/09 INVENTORY 471.98 3,745.48 2020599 10/28/09 04066 FIRST CHOICE SERVICES -SD 019127 10/06/09 COFFEE SUPPLIES 254.23 254.23 2020600 10/28/09 01612 FRANCHISE TAX BOARD Ben2400322 10/29/09 PAYROLL DEDUCTION 75.00 75.00 2020601 10/28/09 11054 GM FOUNDATIONS INC RF998573700 10/28/09 CUSTOMER REFUND ON ACCT #995-5737-00 850.00 850.00 2020602 10/28/09 02630 HAAKER EQUIPMENT COMPANY C70102 10/05/09 REPAIR PARTS 175.43 175.43 2020603 10/28/09 00174 HACH COMPANY 6437047 10/05/09 ORP CALIBRATION SOLUTION 320.57 320.57 2020604 10/28/09 09714 HD SUPPLY FACILITIES 51021152 10/07/09 FACILITES MAINTENANCE (VIEWER)105.57 105.57 2020605 10/28109 06843 HI-TECH AIR CONDITIONING 20602 10/13/09 REPAIRS -LIEBERTAlC 1,250.00 6354 10/06/09 DATA CENTER AC MAINTENANCE 648.75 1,898.75 2020606 10/28/09 05840 KIRK PAVING INC 4440 10/16/09 ANNUAL AS NEEDED PAVING SVCS FY 2010 15,316.85 15,316.85 Page 17 of 20 ~-~~"~~.~.~.,"",._."-..---.-----.,.,~._---~~~-~-.-.~'~-"".-.-~.~_._.~-.,-.•...•_~-.-~,~'-~~~,~:;~.-'.'_.:,..~.:..*-"";'-..~"':,-p,' OTAYWATER DISTRICT CHECK REGISTER FOR CHECKS 2020263 THROUGH 2020659 RUN DATES 10/7/2009 TO 10/28/2009 Check #Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2020607 10/28109 04996 KNOX ATIORNEY SERVICE INC 505810 10/06/09 DELIVERY OF BOARD &COMMITIEE PACKETS 28.60 505809 10/06/09 DELIVERYOF BOARD &COMMITIEE PACKETS 28.60 505808 10/06/09 DELIVERYOF BOARD &COMMITIEE PACKETS 28.60 505807 10/06/09 DELIVERY OF BOARD &COMMITIEE PACKETS 28.60 506973 10/12/09 DELIVERY OF BOARD &COMMITIEE PACKETS 28.60 506971 10/12/09 DELIVERY OF BOARD &COMMITIEE PACKETS 28.60 506972 10/12/09 DELIVERY OF BOARD &COMMITIEE PACKETS 28.60 200.20 2020608 10/28/09 03336 KREINBRING,THERESA 001628 10/22/09 REIMB FLIGHT RESERVATION CANCELLATION 322.39 322.39 2020609 10/28/09 03607 LEE &RO INC 83712 10/06/09 P2009 -DESIGN OF 36-INCH PIPELINE 24,921.69 83413 10/02/09 AS NEEDED ENGINEERING DESIGN SVCS 9,100.57 34,022.26 2020610 10/28/09 05220 LOGICALIS INTEGRATION SOLUTION S925777 10/07/09 WIRELESS MESH RADIO IMPLEMENT PROJECT 2,750.00 2,750.00 2020611 10/28109 03385 MAGANA,MANNY J 15971009 10/07/09 TRAVEL EXPENSE REIMBURSEMENT 157.00 151;.00 2020612 10/28/09 00628 MANHATIAN NATIONAL LIFE 001625 10/23/09 VOLUNTARY LIFE INSURANCE 343.42 343.42 2020613 10/28/09 05329 MASTER METER INC 0160981 10/15/09 INVENTORY 20,641.84 20,641.84 2020614 10/28/09 01183 MCMASTER-CARR SUPPLY CO 39403912 10/08/09 BURLAP BAGS 650.00 39072796 10/05/09 BURLAP BAGS 639.00 1,289.00 2020615 10/28/09 09581 MICHAEL R WELCH PHD PE 7132 10/02/09 ENGINEERING PLANNING SERVICES 2,835.00 2,835.00 2020616 10/28/09 02503 MORGAN COMPANY 16070 10/02/09 REPAIR PARTS 1,076.86 1,076.86 2020617 10/28/09 04676 NAPA AUTO PARTS 168526 10/05/09 REPAIR PARTS 13.32 168983 10/07/09 REPAIR PARTS 8.37 168908 10/07/09 REPAIR PARTS 6.48 168911 10/07/09 REPAIR PARTS 6.21 169212 10/08/09 REPAIR PARTS 5.66 168515 10/05/09 REPAIR PARTS 5.31 168521 10/05/09 REPAIR PARTS 1.84 47.19 2020618 10/28/09 03523 NATIONAL DEFERRED COMPENSATION Ben2400306 10/29/09 DEFERRED COMP PLAN 8,707.95 8,707.95 2020619 10/28/09 05494 NEXTEL OF CALIFORNIA INC 901500243037 10/12/09 GIS (AIR-TRAK)CELLULAR SERVICE 3,918.52 3,918.52 2020620 10/28/09 03467 NIAGARA CONSERVATION CORP 133079 10/02/09 TOILET DYE TABLETS 422.83 422.83 2020621 10/28/09 03101 OTAYWATERDISTRICT Ben2400308 10/29/09 PAYROLL DEDUCTION -ASSN DUES 805.00 805.00- 2020622 10/28/09 00227 PELL MELL SUPPLY 46426200 10/05/09 BOLTS FOR 978-1 PUMP STATION 574.20 574.20 2020623 10/28/09 10514 PENSA RHIANNA 001633 10/23/09 REIMB FOR PEAT POTS 113.54 113.54 2020624 10/28/09 00137 PETIY CASH CUSTODIAN 001634 10/27/09 PETIYCASH REIMBURSEMENT 616.57 616.57 Page 18 of 20 --.-~~.~,~"".~~"~~~-~~.~--~...~..~_...~.~,..-~,._--,.,.~,="=",,,,-,,,,,,,,,,,,,,,,,.-.~~--..~~.~.~-.-.-,,._~>,:r:.."-h-~'<- OTAYWATER DISTRICT CHECK REGISTER FOR CHECKS 2020263 THROUGH 2020659 RUN DATES 10/7/2009 TO 10/28/2009 Check #Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2020625 10/28/09 06641 PRUDENTIAL OVERALL SUPPLY 30046511 10/08/09 ADMIN/OPS UNIFORMS 333.40 30048208 10/15/09 ADMIN/OPS UNIFORMS 326.75 30046510 10/08/09 ADMIN/OPS MATS,TOWELS AND SUPPLIES 148.00 30048207 10/15/09 ADMIN/OPS MATS,TOWELS AND SUPPLIES 148.00 30046512 10/08/09 ADMIN/OPS MATS,TOWELS AND SUPPLIES 106.19 30048209 10/15/09 ADMIN/OPS MATS,TOWELS AND SUPPLIES 106.19 30046132 10107/09 ADMIN/OPS MATS,TOWELS AND SUPPLIES 94.96 30047846 10/14/09 ADMIN/OPS MATS,TOWELS AND SUPPLIES 94.96 30046513 10/08/09 ADMIN/OPS UNIFORMS 85.88 30048210 10/15/09 ADMIN/OPS UNIFORMS 70.13 30046131 10107/09 ADMIN/OPS UNIFORMS 47.31 30047845 10/14/09 ADMIN/OPS UNIFORMS 47.31 1,609.08 2020626 10/28/09 01890 RECON 39509 10/07/09 P1253 -PREP OF THE SUBAREA PLAN 11,181.42 11,181.42 2020627 10/28/09 00521 RICK POST WELDING &8597 10/06/09 SUBLET WELDING 675.00 675.00 2020628 10/28109 05984 RICK'S MACHINE SHOP 57692 10107/09 REPAIR PART 1,999.68 1,999.68 2020629 10/28/09 00217 RW LITTLE CO INC 94460 10/07/09 SANDBLAST AND POWDERCOATAIR VACS 750.00 750.00 2020630 10/28/09 00758 SAN DIEGO BUSINESS JOURNAL 001246140909 09/29/09 SUBSCRIPTION RENEWAL 89.00 89.00 2020631 10/28109 00121 SAN DIEGO GAS &ELECTRIC 001638 10/19/09 UTILITY EXPENSES 25,585.18 001630 10/22/09 UTILITY EXPENSES 7,690.88 001617 10/27/09 UTILITY EXPENSES 1,313.01 34,589.07 2020632 10/28109 09339 SANGALANG,ALEX 17831009 10/27/09 REFUND PAYROLL DEDUCTION 313.82 313.82 2020633 10/28/09 05512 SO COUNTY VECTOR CONTROL PROG SD10037FY0910 10/21/09 MOSQUITO DISEASE CONTROL ASSESSMENT 541.80 541.80 2020634 10/28/09 03612 SIMON WONG ENGINEERING 11723 05/31/09 1296-3 RESERVOIR SUBMITTAL REVIEW 5,000.00 5,000.00 2020635 10/28/09 03592 SOFTCHOICE CORPORATION 2169251 10/02/09 TOUGH BOOKACCESSORIES 215.11 215.11 2020636 10/28/09 03103 SOUTHCOAST HEATING &C41541 10/16/09 AIR CONDITIONING MAINTENANCE 1,013.00 1,013.00 2020637 10/28/09 03760 SPANKY'S PORTABLE SERVICES INC 823825 10/07/09 PORTABLE TOILET RENTAL 80.06 80.06 2020638 10/28/09 01717 SPRING VALLEY CHAMBER OF 2040 08/04109 WATER CONSERVATION WEB AD 350.00 350.00 2020639 10/28/09 02354 STANDARD ELECTRONICS 13100 10106/09 TESTING &INSPECTING FIRE ALARM SYSTEMS 212.50 13099 10/06/09 TESTING &INSPECTING FIRE ALARM SYSTEMS 198.31 410.81 2020640 10/28/09 06281 STATE DISBURSEMENT UNIT Ben2400324 10/29/09 PAYROLL DEDUCTION 286.73 286.73 2020641 10/28/09 06299 STATE DISBURSEMENT UNIT Ben2400312 10/29/09 PAYROLL DEDUCTION 237.69 237.69 Page 19 of 20 -'-'.~.~..~.'.,...",...,.~-...-,..7""....,-.--~"'~~-.•~---.--..,......""""-..,_~.,.,.=":'=:"'~:=;-~_~,-".:!.'::;O:..¥rl '''''''Y''_::~", OTAYWATER DISTRICT CHECK REGISTER FOR CHECKS 2020263 THROUGH 2020659 RUN DATES 10/7/2009TO 10/28/2009 Check #Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2020642 10/28109 06303 STATE DISBURSEMENT UNIT Ben2400318 10/29/09 PAYROLLDEDUCTION 836.30 836.30 2020643 10/28/09 08533 STATE DISBURSEMENT UNIT Ben2400316 10/29109 PAYROLL DEDUCTION 841.01 841.01 2020644 10/28/09 02261 STATE STREET BANK &TRUST CO Ben2400304 10/29/09 DEFERRED COMP PLAN 6,806.58 6,806.58 2020645 10/28/09 11052 STEVEN SABIN RF050052420 10/26/09 CUSTOMER REFUND ON ACCT #050-0524-20 93.27 93.27 2020646 10/28/09 07678 STREAMLINE FORMS &GRAPHICS 35471 10/02/09 DOOR TAGS 439.35 439.35 2020647 10/28/09 02987 T M PEMBERTON 27562 10/07/09 CEMENT 1,627.10 1,627.10 2020648 10/28/09 02799 TARULLI TIRE INC -SAN DIEGO 20040484 10106/09 TIRE SERVICE 775.87 20040483 10/06/09 TIRE SERVICE 630.60 1,406.47 2020649 10/28/09 06847 THIRD AVENUE VILLAGE ASSN 001620 10/19/09 STARLIGHT PARADE ENTRY 50.00 50,.00 2020650 10/28/09 02529 UNION TRIBUNE PUBLISHING CO 4863551009 10/19/09 SUBSCRIPTION RENEWAL 209.94 209.94 2020651 10/28/09 05417 UNITED STATES DEPARTMENT Ben2400320 10/29/09 PAYROLL DEDUCTION 100.00 100.00 2020652 10/28/09 07662 UNITEDHEALTHCARE SPECIALTY 092880000605 10/27109 BASIC LlFE/AD&D &SUPP LIFE INS 5,370.83 5,370.83 2020653 10/28/09 03212 UNUM LIFE INSURANCE Ben2400300 10/29/09 LONG TERM DISABILITY 7,098.80 7,098.80 2020654 10/28/09 07674 US BANKCORPORATE PAYMENT 001636 09/22109 DISTRICT EXPENSES 5,171.81 001635 09/22/09 DISTRICT EXPENSES 2,648.74 7,820.55 2020655 10/28/09 04345 US CONCRETE PRECAST GROUP 0139040lN 10/05/09 INVENTORY 3,647.74 3,647.74 2020656 10/28/09 01095 VANTAGEPOINT TRANSFERAGENTS Ben2400310 10/29/09 DEFERRED COMP PLAN 6,291.12 6,291.12 2020657 10/28/09 06414 VANTAGEPOINT TRANSFERAGENTS Ben2400314 10/29109 401APLAN 778.00 778.00 2020658 10/28/09 00125 WESTERN PUMP INC 0080834 10/13/09 FUEL ISLAND SERVICE 212.50 212.50 2020659 10/28109 08664 YMCAOF SAN DIEGO COUNTY RF998570400 10/21/09 CUSTOMER REFUND ON ACCT #998-5704-00 814.42 814.42 GRANDTOTAL 1,972,847.63 1,972,847.63 ------------------_..__.~-_.. Page 20 of 20