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HomeMy WebLinkAbout05-21-19 F&A Committee Packet 1 OTAY WATER DISTRICT FINANCE AND ADMINISTRATION COMMITTEE MEETING and SPECIAL MEETING OF THE BOARD OF DIRECTORS 2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY, CALIFORNIA BOARDROOM TUESDAY May 21, 2019 12:00 P.M. This is a District Committee meeting. This meeting is being posted as a special meeting in order to comply with the Brown Act (Government Code Section §54954.2) in the event that a quorum of the Board is present. Items will be deliberated, however, no formal board actions will be taken at this meeting. The committee makes recommendations to the full board for its consideration and formal action. AGENDA 1. ROLL CALL 2. PUBLIC PARTICIPATION – OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SPEAK TO THE BOARD ON ANY SUBJECT MATTER WITHIN THE BOARD'S JU- RISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA DISCUSSION ITEMS 3. ADOPT RESOLUTION NO. 4364 TO ESTABLISH THE TAX RATE FOR IMPROVEMENT DISTRICT NO. 27 FOR FISCAL YEAR 2019-2020 (KOEPPEN) [5 minutes] 4. ADOPT RESOLUTION NO. 4365 TO CONTINUE WATER AND SEWER AVAILABILITY CHARGES FOR DISTRICT CUSTOMERS FOR FISCAL YEAR 2019- 2020 TO BE COLLECTED THROUGH PROPERTY TAX BILLS (BARNHILL) [5 minutes] 5. ADJOURNMENT 2 BOARD MEMBERS ATTENDING: Mitch Thompson, Chair Mark Robak All items appearing on this agenda, whether or not expressly listed for action, may be delib- erated and may be subject to action by the Board. The Agenda, and any attachments containing written information, are available at the Dis- trict’s website at www.otaywater.gov. Written changes to any items to be considered at the open meeting, or to any attachments, will be posted on the District’s website. Copies of the Agenda and all attachments are also available through the District Secretary by contacting her at (619) 670-2280. If you have any disability which would require accommodation in order to enable you to par- ticipate in this meeting, please call the District Secretary at 670-2280 at least 24 hours prior to the meeting. Certification of Posting I certify that on May 17, 2019 I posted a copy of the foregoing agenda near the regular meeting place of the Board of Directors of Otay Water District, said time being at least 24 hours in advance of the meeting of the Board of Directors (Government Code Section §54954.2). Executed at Spring Valley, California on May 17, 2019. /s/ Susan Cruz, District Secretary STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: June 5, 2019 SUBMITTED BY: Kevin Koeppen, Assistant Chief of Finance PROJECT: DIV. NO. All APPROVED BY: Joseph R. Beachem, Chief Financial Officer Mark Watton, General Manager SUBJECT: Adopt Resolution No. 4364 to Establish the Tax Rate for Improvement District No. 27 (ID 27) for Fiscal Year 2019-2020 GENERAL MANAGER’S RECOMMENDATION: That the Board adopt Resolution No. 4364 to establish the tax rate for Improvement District No. 27 (ID 27) at $0.00375 for fiscal year 2019-2020. COMMITTEE ACTION: See Attachment A. PURPOSE: Improvement District No. 27 (ID 27) has outstanding general obligation bonds which mature in fiscal year 2023 and is the only improvement district with general obligation debt service. As of July 1, 2020, the outstanding debt will be $2.8 million with interest rates from 3% to 4%. The bonds are non-callable. At the beginning of each fiscal year staff must provide the County of San Diego, Property Tax Services, with the tax rate to be charged upon all property within ID 27 to ensure the amount of tax collections will support the annual debt service requirement. Staff recommends that the Board adopt Resolution No. 4364 to establish the tax rate for ID 27 at $0.00375 for fiscal year 2019-2020. 2 BACKGROUND: In December 1992, the District sold $11,500,000 of general obligation bonds in ID 27 for the construction of the 30mg reservoir. The voters approved the debt issuance and the tax which is used to pay the outstanding 1992 General Obligation bonds. At the time of the formation of ID 27, the District intended to have a maximum tax rate of $0.10 per $100 of assessed valuation. The tax rate has remained well below the intended maximum rate. The District refinanced the bonds in fiscal year 1998 and again in fiscal year 2010 which resulted in a reduction in the annual debt schedule. Property valuations peaked in fiscal year 2008 at $12.5 billion, dropped below $10 billion in fiscal year 2011, and is now valued at more than $11 billion. The combination of the reduced debt service requirement and the increased assessed values resulted in the District’s reserve levels exceeding the target. In order to draw down these reserves, staff has proposed tax rates that generate a planned shortfall. The tax revenues plus the drawdown of the reserves are sufficient to make the required debt payments. From fiscal year 2009 to fiscal year 2015, the tax rate was $0.005 and from fiscal year 2016 to fiscal year 2019, the tax rate was $0.004. During all of these years the District has covered the planned tax collection shortfalls from the ID 27 reserves. For fiscal year 2019-2020, staff proposes to reduce the tax rate from $0.004 to $0.00375 and continue to cover the planned tax collection shortfall from the ID 27 reserves. Staff projects that a $0.00375 tax rate will wind down reserve levels until the expiration of the debt. Upon expiration of the debt the reserve will be fully depleted. FISCAL IMPACT: Joseph R. Beachem, Chief Financial Officer The tax proceeds are legally restricted for the sole purpose of the repayment of this debt. These proceeds will be collected until the debt obligation is fully paid, at which time the fund will have a zero balance. The $0.00375 tax rate is projected to generate $647,958 in revenue in fiscal year 2020. The projected revenue, given the recommended tax rate combined with the current fund balance, will meet the annual ID 27 debt service payment of $738,533. 3 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. LEGAL IMPACT: None. Attachments: A) Committee Action B) Resolution No. 4364 C) ID 27 Tables ATTACHMENT A SUBJECT/PROJECT: Adopt Resolution No. 4364 to Establish the Tax Rate for Improvement District No. 27 (ID 27) for Fiscal Year 2019-2020 COMMITTEE ACTION: That the Finance and Administration Committee recommend that the Board adopt Resolution No. 4364 to establish the tax rate for Improvement District No. 27 (ID 27) at $0.00375 for fiscal year 2019-2020. NOTE: The “Committee Action” is written in anticipation of the Committee moving the item forward for board approval. This report will be sent to the Board as a committee approved item, or modified to reflect any discussion or changes as directed from the committee prior to presentation to the full board. 1 RESOLUTION NO. 4364 A RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT FIXING TAX RATES FOR FISCAL YEAR 2019-2020 FOR PAYMENT OF PRINCIPAL AND INTEREST ON GENERAL OBLIGATION BONDS OF IMPROVEMENT DISTRICTS (GF 1600) WHEREAS, California Water Code Section 72091 authorizes the Otay Water District, as a municipal water district, to levy an ad valorem property tax which is equal to the amount required to make annual payments for principal and interest on general obligation bonds approved by the voters prior to July 1, 1978. NOW, THEREFORE, the Board of Directors of the Otay Water District resolves, determines and orders as follows: 1. Findings. It is necessary that this Board of Directors cause taxes to be levied in fiscal year 2019-2020 for Improvement District No. 27 of the Otay Water District to pay the amount of the principal and interest on the bonded debt of such improvement district. 2. Amounts to be Raised by Taxes. The amount required to be raised by taxation during fiscal year 2019-2020 for the principal and interest on the bonded debt of Improvement District No. 27 is as follows: Improvement District No. 27 $647,958  3. Tax Rates. The tax rates per one hundred dollars ($100) of the full value of all taxable property within said improvement district necessary to pay the aforesaid amounts of principal and interest on the bonded debt of said improvement district for fiscal year 2019-2020 is hereby determined and fixed as follows: Improvement District No. 27 $0.00375 Attachment B 2 4. Certification of Tax Rates. Pursuant to Water Code Section 72094, this Board of Directors hereby certifies to the Board of Supervisors and the County Auditor of the County of San Diego the tax rates hereinbefore fixed, and said County Auditor shall, pursuant to Section 72095 of said Code, compute and enter in the County assessment roll the respective sums to be paid as tax on the property in Improvement District No. 27, using the rate of levy hereinabove fixed for such improvement district and the full value as found on the assessment roll for the property therein, and the Secretary of this Board of Directors is hereby authorized and directed to transmit certified copies of this resolution, Attachment B, and made a part hereof, to said Board of Supervisors and said Auditor. PASSED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 5th day of June, 2019. Ayes: Noes: Abstain: Absent: President ATTEST: Secretary 3 I HEREBY CERTIFY that the foregoing Resolution No. 4364 was duly adopted by the BOARD OF DIRECTORS of the OTAY WATER DISTRICT at a regular meeting thereof held on the 5th day of June, 2019 by the following vote: Ayes: Noes: Abstain: Absent: District Secretary IMPROVEMENT DISTRICT 27 History 1989 Improvement District 27 was formed with $100,000,000 bonding authorized. 1992 District issued $11,500,000 in General Obligation Bonds primarily for the constructionof a 30 million gallon storage reservoir. 1998 District refinanced outstanding debt of $10,900,000. 2009 District refinanced again outstanding debt of $7,780,000. TAXES DEBT TAX ASSESSED COLLECTED SERVICE NET RATE VALUATION INC% FY03 $725,085 $848,600 ($123,515) $0.01500 $3,837,693,353 37% FY04 $829,036 $848,700 ($19,664) $0.01400 $5,047,625,296 32% FY05 $994,501 $840,800 $153,701 $0.01200 $6,454,909,846 28% FY06 $1,081,991 $840,385 $241,606 $0.01000 $8,579,576,581 33% FY 07 $862,795 $837,936 $24,859 $0.00700 $10,348,663,242 21% FY 08 $917,168 $835,017 $82,151 $0.00600 $12,518,643,676 21% FY 09 $747,175 $830,823 ($83,648) $0.00500 $12,308,043,285 -2% FY 10 $605,405 $934,674 ($329,269) $0.00500 $10,378,404,507 -16% FY 11 $606,966 $781,144 ($174,178) $0.00500 $10,131,397,697 -2.4% FY 12 $597,799 $752,976 ($155,177) $0.00500 $9,941,622,812 -1.9% FY 13 $650,587 $773,863 ($123,276) $0.00500 $9,869,377,173 -0.7% FY 14 $658,147 $750,088 ($91,940) $0.00500 $10,226,148,004 3.6% FY 15 $706,025 $748,663 ($42,638) $0.00500 $11,157,255,925 9.1% FY 16 $612,980 $751,663 ($138,683) $0.00400 $11,904,159,221 6.7% FY 17 $640,241 $747,969 ($107,728) $0.00400 $12,738,454,702 7.0% FY 18 $678,655 $744,633 ($65,978) $0.00400 $13,574,290,102 6.6% FY 19 (1)$720,771 $749,433 ($28,662) $0.00400 $14,327,195,366 5.5% (1) Due to timing of the report, taxes collected is an estimate. TAXES DEBT TAX ASSESSEDCOLLECTED SERVICE NET RATE VALUATION INC% Est Fund Balance 6/30/19 $460,842 FY20 647,958 738,533 ($90,575) $0.00375 $14,613,739,273 2.0% Interest $1,679 Est Fund Balance 6/30/20 $371,946 Historical Data Change in Fund Balance $0 $2 $4 $6 $8 $10 $12 $14 $16 Bi l l i o n s ASSESSED VALUATION 10 Year History STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: June 5, 2019 SUBMITTED BY: Cathy Barnhill, Customer Service Supervisor PROJECT: DIV. NO. All APPROVED BY: Joseph R. Beachem, Chief Financial Officer Mark Watton, General Manager SUBJECT: Adopt Resolution No. 4365 to Continue Water and Sewer Availability Charges for District Customers for Fiscal Year 2019-2020 to be Collected through Property Tax Bills GENERAL MANAGER’S RECOMMENDATION: That the Board adopt Resolution No. 4365 to continue water and sewer availability charges for District customers for fiscal year 2019-2020 to be collected through property tax bills. COMMITTEE ACTION: See Attachment A. PURPOSE: That the Board consider the adoption of Resolution No. 4365 to continue water and sewer availability charges for District customers for fiscal year 2019-2020 to be collected through property tax bills. ANALYSIS: The District levies availability charges each year on property in both developed and undeveloped areas. State Water Code Section 71630-71637 authorizes the District to access such availability charges. In order to place these charges on the tax roll, the County of San Diego requires the District to provide a resolution 2 authorizing the charges. Each year, the District provides a resolution along with the listing of charges by parcel. Current legislation provides that any amount up to $10 per parcel (one acre or less) is for general use and any amount over $10 per parcel ($30 per acre for parcels over one acre) is restricted, to be expended in and for that Improvement District. The District uses amounts over $10 per parcel to develop water and sewer systems within the Improvement Districts where the funds are collected. In accordance with legislation, the District places amounts up to $10 per parcel in the General Fund. FISCAL IMPACT: Joseph R. Beachem, Chief Financial Officer The availability charges, as budgeted, will generate approximately $1.2 million in revenue. STRATEGIC GOAL: This revenue source will help the District meet its fiscal responsibility to its ratepayers. LEGAL IMPACT: None. Attachments: A) Committee Action B) Resolution No. 4365 ATTACHMENT A SUBJECT/PROJECT: Adopt Resolution No. 4365 to Continue Water and Sewer Availability Charges for District Customers for Fiscal Year 2019-2020 to be Collected through Property Tax Bills COMMITTEE ACTION: That the Finance and Administration Committee recommend that the Board adopt Resolution No. 4365 to continue water and sewer availability charges for District customers for fiscal year 2019-2020 to be collected through property tax bills. NOTE: The “Committee Action” is written in anticipation of the Committee moving the item forward for board approval. This report will be sent to the Board as a committee approved item, or modified to reflect any discussion or changes as directed from the committee prior to presentation to the full board. 1 RESOLUTION NO. 4365 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT CONTINUING PREVIOUSLY ESTABLISHED WATER AND SEWER AVAILABILITY CHARGES FOR FISCAL YEAR 2019-2020; REQUESTING THE COUNTY TO COLLECT SUCH AVAILABILITY CHARGES ON THE 2019-2020 SECURED TAX ROLL AND TAKING OTHER RELATED ACTIONS WHEREAS, the Otay Water District (herein "District") is a member of the San Diego County Water Authority and the Metropolitan Water District of Southern California and, as a member, the District is entitled to purchase water for distribution within the District and water so purchased is available to property in the District that is also within the San Diego County Water Authority and the Metropolitan Water District of Southern California, without further need for annexation to any agency; and WHEREAS, Improvement District No. 18 has been formed within the Otay Water District (herein "District") and sanitary sewers have been constructed and sewer service is available to land within the said District; and WHEREAS, in consideration of the benefit that water availability confers upon property within the District, and in further consideration of the need for revenue to pay the cost of water storage and transmission facilities which directly and specifically benefit property within the District, the District has previously determined that water availability charges be fixed and established under applicable provisions of law; and WHEREAS, in consideration of the benefit which sewer availability confers upon property within Improvement District No. 18, and in further consideration of the need to pay the cost of Attachment B 2 sanitary sewers which directly and specifically benefit those properties, the District has previously determined that sewer availability charges be fixed and established for Improvement District No. 18 as provided under applicable provisions of law; and WHEREAS, the District desires to continue the collection of such water and sewer availability charges without increases or revisions in methodology or application. NOW, THEREFORE, the Board of Directors of the Otay Water District resolves, determines and orders as follows: 1. SCHEDULE OF WATER CHARGES (A) The water availability charges previously fixed and established are hereby continued for Fiscal Year 2019-2020 at the existing rates, as follows: (1) In Improvement District No. 22 the charge shall be $30.00 per acre of land and $10.00 per parcel of land less than one acre. (2) For land located outside an improvement district and within one mile of a District water line, the charge shall be $10.00 per acre of land and $10.00 for each parcel less than one acre. (3) For land located outside an improvement district and greater than one mile from District facilities, the charge shall be $3.00 per acre of land and $3.00 for each parcel less than one acre. (B) Modifications The charges provided for in subparagraphs (1) through (3) in (A) above shall be modified upon petition by the 3 property owner where the property does not receive water from the District as follows: (1) where a parcel of land or a portion thereof is within an open space easement approved by San Diego County, the charge for such parcel or portion thereof shall be fifty percent (50%) of the charge determined pursuant to paragraph (A), provided the owner files with the District proof, satisfactory to the District, that said parcel of land or portion thereof is within such a designated permanent open space area; (2) where a parcel of land or portion thereof is in an agricultural reserve under a Land Conservation Contract with the County of San Diego, pursuant to the Land Conservation Act of 1965 as amended, the charge for such parcel shall be $3.00 per acre, provided the owner files with the District proof, satisfactory to the District, that said parcel of land or portion thereof is within such an agricultural preserve; (3) where a parcel of land or a portion thereof is within an area designated as a floodplain by the County of San Diego, the charge for such a parcel or portion thereof shall be $3.00 per acre, provided the owner files with the District proof, satisfactory to the District, that said parcel of land or portion thereof is within such designated floodplain; and 4 (4) where a parcel of land or portion thereof exceeds a 30% slope, and where such is not within a legal subdivision, lot-split or planned residential development, the charge for the slope portion shall be $3.00 per acre, or if such a parcel is less than one acre and more than one-half of the area exceeds 30% slope, $3.00 for the parcel, provided the owner files with the District proof, satisfactory to the District, that said parcel of land or portion thereof meets or exceeds the slope. (C) Exceptions The charges provided for in (A) and (B) above shall not apply, upon petition by the property owner, to the following: (1) land located within an area designated as a floodway by the County of San Diego; (2) land designated as a vernal pool area by a govern- mental agency authorized to make such a designation and which designation prohibits use of such area for any purpose; (3) land owned by non-profit, tax-exempt conservation organizations specializing in identifying and protecting the natural habitat of rare species; or (4) land that is located within the boundaries of the Otay Water District but not within the boundaries of the Metropolitan Water District of Southern California and the San Diego County Water Authority. 5 2. SCHEDULE OF SEWER CHARGES (A) Sewer standby assessment or availability charges are hereby fixed and established for Fiscal Year 2019-2020 as follows: (1) In Improvement District No. 18 the charges shall be $30.00 per acre of land and $10.00 per parcel of land less than one acre. The preceding charges shall not apply, upon petition by the property owner, to the following: (a) any portion of a parcel which is undeveloped and maintained in its natural state within an Open Space Area as a requirement under the San Diego County General Plan, provided the owner of such parcel files proof, satisfactory to the District, of such designed Open Space Area; (b) any portion of a parcel located within an area designated by the County of San Diego as a floodway or floodplain; or (c) any portion of a parcel of land which exceeds a slope of 30% and which is not within a legal subdivision, lot split or planned lot split or planned residential development. 3. DEFERRALS (A) Deferral of Charge, Purpose Situations may arise when an owner of a parcel of land does not use and has no present intention of using water and/or sewer provided by the District on a parcel of land, as defined in Section 4. The purpose of this section is to permit an evaluation by the District, on a case-by-case basis, of 6 the circumstances which pertain to such situations to determine whether a deferral of charges should be approved according to the terms and conditions herein provided. Any owner of a parcel of land who believes that the amount of the water and/or sewer availability charges fixed against such parcel should be deferred may file an application with the District for deferral of the charge, as follows: (a) Application The application shall include a statement describing the circumstances and factual elements which support the request for deferral. (b) The General Manager shall consider the request within sixty (60) days after the filing of a completed application. If the application for deferral meets the established criteria, the General Manager may decide whether to approve the request and order the charge deferred accordingly. If the request is denied, the applicant shall be notified in writing stating the reasons for the denial. (B) Appeal to Board of Directors If the General Manager denies a request, the owner may file an appeal with the Board of Directors within sixty (60) days after such denial. No new application for deferral need be considered by the General Manager until expiration of twelve (12) months from the date of a denial, unless differently directed by the Board of Directors. (C) Deferred Charges on Restricted Parcels, Criteria The levy of the charge may be deferred annually as to any parcel of land which meets each of the following criteria: 7 (a) The owner of such parcel makes a timely application requesting deferral of the charge. (b) The parcel, which is the subject of the request, will become subject to enforceable restrictions which prohibits the connection to the District sewer system or use of water on the parcel, except by means of natural precipitation or runoff; provided, however, if considered appropriate by the General Manager, local water may be used for limited domestic stock watering and irrigation uses. (c) The owner executed a recordable agreement which includes provisions that: (1) set forth the enforceable restrictions pertinent to the subject parcel; (2) the agreement may be terminated upon written request by the owner and payment of all deferred water and/or sewer availability charges, plus interest thereon, compounded annually, and accruing at the legal rate from the date such charges would have been otherwise due and payable; (3) no water and/or sewer service from the District shall be provided to such parcel for a period of ten (10) years after the total amount due for the charges deferred, plus annually compounded interest, is paid in full to the District, unless a surcharge penalty as 8 described below is paid to the District prior to connection of any water and/or sewer service; (4) if the surcharge is not paid, during the ten (10) year period, while water and/or sewer service is not available to the subject land, the owner shall pay all annual water or availability charges as fixed; and (5) contains such other provisions considered by the General Manager to be appropriate. (D) Surcharge Upon termination of the deferral agreement, an owner may elect to receive water and/or sewer service prior to the expiration of the ten (10) year penalty period upon payment of a surcharge. The surcharge shall be equal to the amount of the annual water and/or sewer availability charges fixed for the parcel(s) of land in the year of election to receive water and/or sewer service multiplied by the number of years remaining of the ten (10) year penalty period. This surcharge shall also apply if a property owner develops a parcel that is subject to a deferral agreement without termination of said agreement. (E) Enforcement Procedures In order to insure that terms and conditions of the recordable agreement are being met, the General Manager shall: (1) Maintain a record of all parcels approved for deferral of the water assessments or availability charges. 9 (2) Report to the Board of Directors any instances where the terms of the agreement are being violated. (3) Take such other actions or procedures considered appropriate. 4. DEFINITION OF PARCEL The term "parcel" as used herein shall mean a parcel of land as shown on the assessment rolls of the County Assessor of San Diego County as of March, 2019. 5. NOTICE AND REQUEST TO THE BOARD OF SUPERVISORS AND AUDITOR As provided in Sections 71634 to 71637, on or before the third Monday in August, 2019, the Secretary of this District shall furnish, in writing to the Board of Supervisors of San Diego County and to the County Auditor, a description of the land within the District upon which availability charges are to be levied and collected for Fiscal Year 2019-2020 together with the amount of the assessments or charges. At the time and in the manner required by law for the levying of taxes for county purposes, the Board of Supervisors of San Diego County shall levy, in addition to taxes it levies, water and/or sewer availability charges in the amounts fixed by this Resolution for the respective parcels of land described in Section 1 of this Resolution. All County officers charged with the duty of collecting taxes shall collect the charges with the regular property tax payments in the same form and manner as County taxes are collected. Such availability charges are a lien on the property with respect to which they are fixed. Collection of the charges may be enforced by the same means as provided for the enforcement of liens for state and county taxes. 10 6. CERTIFICATION TO COUNTY BOARD OF SUPERVISORS The District certifies that this Resolution complies with the provisions of Article XIIID of the California Constitution in that the availability charges are existing charges first set by the Board of Directors of the District prior to November 6, 1996. At the time the availability charges were initially established, the District followed the applicable provisions of law then in effect, and the District has continued to comply with such provisions, including any requirements for notices or hearings, as from time to time in effect. Therefore, pursuant to Section 71632 and Section 71638 of the California Water Code, as currently in effect, the District may continue the availability charges in successive years at the same rate. The District further certifies that the charge is not increased hereby and the methodology for the rate is the same as in previous years. The charge is imposed exclusively to finance the capital costs, maintenance and operating expenses of the water or sewer system of the District, as applicable. 7. CERTIFIED COPIES The Secretary of this District shall deliver certified copies of this Resolution to the Board of Supervisors and to the Auditor of San Diego County with the list of charges described in Section 4 above. 8. CORRECTIONS; OTHER ACTIONS The General Manager of the District is hereby authorized to correct any clerical error made in any assessment or charge pursuant to this Resolution and to make an appropriate adjustment in any assessment or charge made in error. Furthermore, the General Manager and the Secretary of this District are hereby directed to take any further actions and deliver such 11 documents and certificates as necessary to carry out the purpose of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting duly held this 5th day of June, 2019. Ayes: Noes: Abstain: Absent: President ATTEST: Secretary 12 I HEREBY CERTIFY that the foregoing Resolution No. 4365 was duly adopted by the BOARD OF DIRECTORS of the OTAY WATER DISTRICT at a regular meeting thereof held on the 5th day of June, 2019 by the following vote: Ayes: Noes: Abstain: Absent: District Secretary