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HomeMy WebLinkAbout01-17-17 EO&WR Committee PacketOTAY WATER DISTRICT ENGINEERING, OPERATIONS & WATER RESOURCES COMMITTEE MEETING and SPECIAL MEETING OF THE BOARD OF DIRECTORS 2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY, CALIFORNIA Board Room TUESDAY January 17, 2017 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. AUTHORIZATION TO ACQUIRE PERMANENT UTILITY AND TEMPORARY CON- STRUCTION EASEMENTS AT THE RANCHO SAN DIEGO TOWNE CENTER FROM VESTAR FOR THE CAMPO ROAD SEWER REPLACEMENT PROJECT IN AN AMOUNT NOT-TO-EXCEED $190,000 (BEPPLER) [5 min] 4. UPDATE ON THE PROGRESS OF THE CITY OF SAN DIEGO’S APPLICATION WITH THE CALIFORNIA DEPARTMENT OF WATER RESOURCES FOR A SCIEN- TIFIC-BASED MODIFICATION TO THE BOUNDARIES OF THE SAN DIEGO FOR- MATION GROUNDWATER AQUIFER (KENNEDY) [5 min] 5. ADJOURNMENT BOARD MEMBERS ATTENDING: Tim Smith, Chair Hector Gastelum 2 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 that would require accommodation in order to enable you to partici- pate 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 January 13, 2017 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 January 13, 2017. /s/ Susan Cruz, District Secretary STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: February 1, 2017 SUBMITTED BY: Stephen Beppler Senior Civil Engineer Bob Kennedy Engineering Manager PROJECT: S2024- 001102 DIV. NO. 5 APPROVED BY: Rod Posada, Chief, Engineering German Alvarez, Assistant General Manager Mark Watton, General Manager SUBJECT: Authorization to Acquire Easements at Rancho San Diego Towne Center from Vestar for the Campo Road Sewer Replacement Project GENERAL MANAGER’S RECOMMENDATION: That the Otay Water District Board of Directors (Board) authorize the General Manager to acquire permanent utility and temporary construction easements at the Rancho San Diego Towne Center from Vestar for the Campo Road Sewer Replacement Project in an amount not to exceed $190,000 (see Exhibits A and B for location of the easements). COMMITTEE ACTION: Please see Attachment A. PURPOSE: To obtain Board approval authorizing the General Manager to acquire permanent utility and temporary construction easements at the Rancho San Diego Towne Center across Assessor Parcel Numbers 506-130-02, 03 & 04, owned by Vestar and its subsidiary Vestar California XVII, LLC (Vestar), for the Campo Road Sewer Replacement Project (Project) in an amount not to exceed $190,000. 2 ANALYSIS: The District is in the process of replacing a section of sanitary sewer main, known as the Campo Road Sewer, identified in the Wastewater Management Plan as being deficient in capacity. Design and Permit phases of the Project are complete, with the Project awaiting easement procurements prior to beginning the bidding phase. Permanent utility and temporary construction easements are required across Assessor Parcel Numbers 506-130-02, 03 & 04 (Rancho San Diego Towne Center), owned by Vestar and its subsidiary Vestar California XVII, LLC (Vestar), to construct the replacement sanitary sewer line as designed. The alignment reflects the most cost effective and lowest impacts on the community to connect the new sewer line to the existing trunk sewer that already traverses the Vestar property. The permanent utility easement is 25 feet in width and approximately 280 feet in length, while the temporary construction easement is 20 feet in width and about 290 feet in length (see Attachment B for full description). The District, through the project designer Rick Engineering, retained the appraisal services of Colliers International, an independent real estate appraiser, to estimate the “Fair Market Value” of the proposed Permanent Utility Easement acquisition, as that value is defined in Section 1263.320 of the California Code of Civil Procedure. An offer was presented to Vestar by letter dated June 1, 2016 (Attachment C) for an amount of $72,300 for the easements. A response from Vestar’s attorney was received by letter dated October 20, 2016 (Attachment D), which significantly disagreed with the property value based upon other comparable sales in the area and cited severance damage impacts, valued the total just compensation at $579,266. Vestar’s representative, Allan Kasen, Esq., took the position that the District’s appraiser “…material[ly] understated the value of the property sought to be acquired.” (Attachment D) Mr. Kasen believes that the property which comprises the easement should be valued at $40 per square foot (psf) and not $19 psf which was the value used by the District’s appraiser. Mr. Kasen stated that Vestar was willing to accept $40 psf for the easement, which has an area of 7,052 sf, as an effort to amicably resolve the matter. Further, Mr. Kasen disagreed with deducting 50% for the property valuation for the easement factor – he contended that a 20% deduction for valuation of the easement was appropriate. Mr. Kasen also opposed the District appraiser’s position that the underground easement causes no damage to the property. Mr. Kasen’s position was that Vestar had the 3 ability to create new building outparcels on which it could build stores/restaurants because cities have lessened parking requirements for commercial properties, but that the proposed easement foreclosed this ability. Vestar sought the following compensation for the easement and the temporary construction easement: Compensation for permanent easement: $231,720 Compensation for temporary construction easement: $ 11,006 Severance damage for permanent easement: $316,540 Severance damage for temporary easement: $ 20,000 ________ Total: $579,266 The District’s General Counsel and Vestar’s attorney determined through negotiation that the amount of $190,000 constitutes just compensation for both the permanent easement and the temporary construction easement. A revised offer letter (Attachment E) dated December 19, 2016 was then sent to Vestar for their written acceptance of the offer. With Vestar’s acceptance of this offer, the Resolution of Necessity that the Board adopted on November 2, 2016 will not need to be implemented to obtain the easements. The Project will move forward with beginning the bidding of the Project in January 2017, as the two (2) easement acquisitions necessary for the Project [this purchase and the Rancho San Diego Village Shopping Center (Regency Centers) offer authorized by the Board on December 7, 2016] will be resolved in principle, pending execution. Both easements will be conveyed to the District before awarding of a construction contract. FISCAL IMPACT: Joe Beachem, Chief Financial Officer The total budget for CIP S2024, as approved in the FY 2017 budget, is $8,500,000. Total planning and design phase expenditures to date, plus outstanding commitments and forecast, are $ 1,587.344.27. See Attachment F Budget Detail. Forecasted bidding and construction phase costs are approximately $6,700,000, for a total project expense currently estimated at about $8,300,000. Based on a review of the financial budget, the Project Manager anticipates that the budget for CIP S2024 will be sufficient to support the Project. 4 Finance has determined that, under the current rate model, 50% of the funding will be available from the Betterment Fund and 50% will be available from the Replacement Fund. STRATEGIC GOAL: This Project supports the District’s Mission statement, “To provide high quality and reliable water and wastewater services to the customers of the Otay Water District, in a professional, effective, and efficient manner” and the General Manager’s Vision, "A District that is innovative in providing water services at competitive rates, with a reputation for outstanding customer service." LEGAL IMPACT: None. SB/BK/RP:jf P:\WORKING\CIP S2024 Campo Road Sewer Replacement\Staff Reports\Vestar Easement\BD 02-01-17, Staff Report, Campo Rd Sewer Easement Aquisition - Vestar (SB-BK).docx Attachments: Attachment A – Committee Action Attachment B – Easement Description Attachment C – Original Offer Letter to Vestar Attachment D – Vestar Counteroffer Attachment E – Revised Offer Letter to Vestar Attachment F – Budget Detail Exhibit A – Location Map Exhibit B – Easements Map ATTACHMENT A SUBJECT/PROJECT: S2024-001102 Authorization to Acquire Easements at Rancho San Diego Towne Center from Vestar for the Campo Road Sewer Replacement Project COMMITTEE ACTION: The Engineering, Operations, and Water Resources Committee (Committee) reviewed this item at a Committee Meeting held on January 17, 2017. The Committee supported Staff’s recommendation. 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. OWD EASEMENT NO. AS7 Law San Diego/4344/2/MI/S0320472.DOCX  RECORDING REQUESTED BY For Recorder's Use AND AFTER RECORDATION MAIL TO: OTAY WATER DISTRICT 2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY, CA 91978-2004 APN: 506-130-02, 506-130-04 Documentary Transfer Tax: None (Exempt under Rev & Tax Code Section 11922) GRANT OF EASEMENT OF RIGHT-OF-WAY TO OTAY WATER DISTRICT For good and valuable consideration, receipt of which is hereby acknowledged, the Undersigned Vestar California XVII, LLC as Grantor(s) hereby GRANT(S) to OTAY WATER DISTRICT, a municipal water district formed under the Municipal Water District Law of 1911, as amended, situated in the County of San Diego, State of California, as Grantee, a permanent easement of right-of-way of 25 feet in width for the purpose of laying underground water and sewer pipelines and laterals, trunk lines, collection lines and laterals, sewer manholes and other underground structures appurtenant and ancillary to said water or sewer lines, including, but not limited to, underground power lines for transmission and communication purposes, pumps, regulators, valves and access roads or areas within said easement, hereinafter referred to as "said facilities," together with the right to construct, operate, maintain, repair and replace said facilities, and the right of ingress and egress for such purposes in the reasonably least disruptive manner to Grantor’s adjacent property. Said easement is described and/or depicted as follows: (See Exhibit(s) “A” and “B” attached hereto and made a part hereof) Grantor reserves the right to use said land at Grantor's own risk for any and all purposes not conflicting, interfering or inconsistent with Grantee's use of, and access to, said facilities. Grantor waives any right under Civil Code section 845, and any right to compel Grantee to grade, surface or otherwise improve or maintain said easement area as a roadway. Grantor shall not increase or decrease or permit to be increased or decrease the ground elevations of said easement existing at the time this document is executed, nor construct or permit to be constructed any permanent building, structures, improvements or other encroachment upon said easement, if any of the OWD EASEMENT NO. AS7 Law San Diego/4344/2/MI/S0320472.DOCX  foregoing will cause damage to or threaten the safety of any of said facilities of Grantee placed within the easement. Grantee may remove from the easement any building, structure, improvement or other encroachments thereon conflicting, interfering or inconsistent with its use for the purposes hereby granted. Grantee shall have the right to install its own gates and locks in all fences which now cross or may hereafter cross said easement. All repair, replacement, maintenance or renovation of the Grantee’s systems shall be at Grantee’s sole cost and expense and shall be performed in compliance with all applicable laws. Grantee shall keep the easement property free of liens attributable to Grantee’s work. Grantee agrees on its own behalf and on behalf of its successors in interest that it will indemnify, defend and hold harmless Grantor for any and all liability, claims and damages which result from Grantee’s (including its agents and contractors) negligence or willful misconduct in connection with its construction, maintenance and repair operations within the easement. Grantor may use said land as a driveway and to the extent of such use may surface or pave the area, subject to the restrictions as to changes in existing ground elevations and indemnifications set forth above. Grantor may, at Grantor's expense, and subject to Grantee's prior written consent, relocate the above mentioned facilities in the event such conflict with future development of said property, provided that Grantor does not cause discontinuance of service to any area, and provided, further, that Grantee receives, without expenses to Grantee, an easement comparable to this easement for said relocated facilities. Subject to the preceding sentence, Grantee shall not be required to relocate or alter in any way the facilities installed pursuant to this grant of easement, or to bear any cost in connection therewith as a result of changes in the location of any said facilities. Grantee shall have the right to transfer and assign all or a portion of this easement to any utility successor in interest, or to any other political subdivision or public utility for use of the above stated purpose. This easement shall in no way be interpreted as a dedication of the easement property to the public. Date: _______________________ Grantor: Vestar California XVII, L.L.C., an Arizona limited liability company By: Hanley Investments RSD Limited Liability Company, its Managing Member By: _______________________________________, Manager Print Name: ________________________________ OWD EASEMENT NO.       DISTRICT CERTIFICATE OF ACCEPTANCE   This is to certify that the interest in real property conveyed by the Grant of Easement of Right of Way to Otay Water District dated _, from to OTAY WATER DISTRICT, a municipal water district, is hereby accepted by order of the Board of Directors pursuant to the authority conferred by Resolution No. 1829, adopted on February 23, 1981, and the grantee consents to recordation thereof by its duly authorized officer.   Dated: By: Susan Cruz, District Secretary Otay Water District OWD EASEMENT NO.     GRANTOR’S SIGNATURE ACKNOWLEDGEMENT State of Arizona ) ) ss. County of Maricopa ) The foregoing instrument was acknowledged before me this _____ day of ___________________, 2016, by Edward J. Reading, as Manager of Hanley Investments RSD Limited Liability Company, an Arizona limited liability company, the Managing Member of Vestar California XVII, L.L.C., an Arizona limited liability company, on behalf of the Grantor. Notary Public My Commission Expires: J-17224 EXHIBIT "A' SEWER EASEMENT Those portions of Lots 2 and 4 of Tract 5092-1 in the County of San Diego, State of California, according to Map thereof No. 13483 filed in the Office of the County Recorder of San Diego County October 10, 1997 said portions being more particularly described as follows: A strip of land 25.00 feet in width, lying easterly measured at right angles from the following described line: Beginning at the Northwest corner of said Lot 4, said corner being the beginning of a non-tangent 710.00 foot radius curye concave northerly to which a radial line bears South 10'29'38" East; thence along the northerly line of said Lot 4, easterly along the arc of said curve through a central angle of 01'33'16" a distance of 19.26 feet to the TRUE POINT OF BEGINNING; thence leaving said northerly line South 27'19'09" East 2B6.89 feet to a point on the northwesterly line of that easement granted to Otay Water District recorded February 15, 1985 as lnstrument No. 85-053055, said point being the POINT OF TERMINUS. The sidelines of said strip of land 25.00 feet in width shall be lengthened or shortened to intersect at the point of beginning with the northerly line of said Lot 4, and at the point of terminus with the northwesterly line of said easement granted to Otay Water District. Containing 0.162 acres, more or less ,F*ár2'4/î-Ze-Z,o/6 Patrick A. McMichael, L.S. 6242 JblK,'|Íilesl17224llegall17224_lgl_sewer ease for Lots 2 & 4 No.6187 ** OF C 1of1 SEWER EASEMENT ACQUIRED, 0.162 ACRES TEMPORARY CONSTRUCTION EASEMENT ACOUIRED, O.ISS ACRES ITEoìo t!! ËUUÈø VICINITY MAPIto scALE P.O.B. ßoú9 6û) NW COR. LOT 4 MAP 't3483 dñe JAlúACflA ßoA0 a1 -'14 /v L5l T.P.O.B.2438' ß"86 N-15 d L=0'55t27',t L43.91'.ACCESS RIGHTS FROM LOTS 3 & 4 IN AND TO JAI,IACHA ROAD 6R 54) REUNOUISED NID WAMED AND 13483 \tt L@7r fn ,'/r' \As N0.2oot-676322-,_ --\ RVE TAB s5g240u'w 2547' 4ìo-,r,NAME DEL A AR c1 0'57',35" 71 0,00 1 1. 89 -N- SCALE 1" = 50'EXHIBIT'B' LAND ** OF c SEWER EASEM ENT PORTIONS OF LOTS 2 & 4 OF TRACT 5092-1 , MAP NO. 13483 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA +'I p úiocoONo N!o+ÞØEÔ ++ccqo oooo ll o onO ô.'EEo o@ I to J-17224 OWD EASEMENT NO.   RECORDING REQUESTED BY AND AFTER RECORDATION MAIL TO:   OTAY WATER DISTRICT 2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY, CA 91977-7299                     APN: 506-130-02, 506-130-03, 506-130-04 Documentary Transfer Tax: None (Exempt under Rev & Tax Code Section 11922)       TEMPORARY CONSTRUCTION EASEMENT TO OTAY WATER DISTRICT       For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned Vestar California XVII, LLC, as Grantor(s) hereby GRANT(S) to OTAY WATER DISTRICT, a municipal water district formed under the Municipal Water District Law of 1911, as amended, situated in the County of San Diego, State of California, as Grantee, and to Grantee's contractors, a temporary construction easement (“Easement”) and the right to access, use and occupy the surface and subsurface of said easement for a period of six (6) months, commencing upon Grantor’s receipt of written notice from Grantee of commencement of construction activity. The Easement is located in the County of San Diego, State of California, more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and made a part hereof. The Easement and right of access shall extend to all acts necessary for the purpose of constructing a sewer pipeline, sewer manholes, and other underground structures appurtenant to said sewer line associated with the Campo Road Sewer Replacement Project (CIP S2024).   Grantor further grants to Grantee the right of unobstructed ingress and egress to the Easement in the least disruptive manner, including the right to pass and re-pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder.   Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the surface of the Easement to a compacted, neat, clean condition, but not necessarily the same condition as prior to such work, and shall replace any fencing or other improvements removed by Grantee or Grantee's contractors. OWD EASEMENT NO.   Grantee agrees on its own behalf and on behalf of its successors in interest that it will indemnify, defend and hold harmless Grantor for any and all liability, claims and damages which result from Grantee’s (including its agents and contractors) negligence or willful misconduct in connection with its construction, maintenance and repair operations within the temporary construction easement.   The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors-in-interest, agents, employees, assigns, and transferees of the parties hereto.    IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction Easement as of this day of , 20___.       Grantor: Vestar California XVII, L.L.C., an Arizona limited liability company By: Hanley Investments RSD Limited Liability Company, its Managing Member By: _______________________________________, Manager Print Name: _________________________________         DISTRICT CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant of Temporary Construction Easement to Otay Water District dated ________________________, _____________from _______________________ ________________________________ to OTAY WATER DISTRICT, a municipal water district, is hereby accepted by order of the Board of Directors pursuant to the authority conferred by Resolution No. 1829, adopted on February 23, 1981, and the grantee consents to recordation thereof by its duly authorized officer. Dated: _________________________ By: _____________________________ Susan Cruz, District Secretary Otay Water District   OWD EASEMENT NO.       GRANTOR’S SIGNATURE ACKNOWLEDGEMENT       State of Arizona ) ) ss County of Maricopa )   The foregoing instrument was acknowledged before me this _____ day of ___________________, 20___, by Edward J. Reading, as Manager of Hanley Investments RSD Limited Liability Company, an Arizona limited liability company, the Managing Member of Vestar California XVII, L.L.C., an Arizona limited liability company, on behalf of the Grantor. Notary Public My Commission Expires:   J-17224 EXHIBIT'A" TEMPORARY CONSTRUCTION EASEMENT Those portions of Lots 2,3 and 4 of Tract 5092-1 in the County of San Diego, State of California, according to Map thereof No. 13483 filed in the Office of the County Recorder of San Diego County October 10, 1997 said portions being more particularly described as follows: A strip of land 20.00 feet in width, lying westerly measured at right angles from the following described line: Beginning at the Northwest corner of said Lot 4, said corner being the beginning of a non-tangent 710.00 foot radius curve concave northerly to which a radial line bears South 10o29'38" East; thence along the northerly line of said Lot 4, easterly along the arc of said curve through a central angle of 01'33'16" a distance of 19.26 feet to the TRUE POINT OF BEGINNING; thence leaving said northerly line South 27'19'09" East 286.89 feet to a point on the northwesterly line of that easement granted to Otay Water District recorded February 15, 1985 as lnstrument No. 85-053055, said point being the POINT OF TERMINUS. The sidelines of said strip of land 20.00 feet in width shall be lengthened or shortened to intersect at the point of beginning with the northerly line of said Lot 4, and at the point of terminus with the northwesterly line of said easement granted to Otay Water District. Containing 0.133 acres, more or less. e- Patrick A. McMichael, L.S. 6242 Jb|KJ'filesl17224Aegall17224_lgl_temp const ease for Lots 2lhru 4 1of1 SEWER EASEMENT ACQUIRED, 0.162 ACRES TEMPORARY CONSTRUCTION EASEMENT ACQUIRED,0.133 ACRES ô Jm ITE F ËaUÈø VICINITY MAP IJO SCALE P.O.B. floúe 6û\ NW COR. LOT 4 MAP 13483 6ñø JAl',l,AcflA ßoh0 þ6 ß"86 QI v?j\ T.P.O.B. N'1t L4 50 d L=0'55',27', L43.gr ACCESS RIGHTS FROM LOTS 3 & 4 IN AND TO JAbIACHA ROAD ßR 54) REUNQUISED Al,lD WAMED AND ACCEPTED 13483 L@Tr 4 D s a/." é,t'"i$ sçdo ¡5 \As N0.200'1676322,__ RVE TA s5t240a'w 25.07'><-,'--\- -- RAD I USNAME DEL A AR c1 0'57',35" 71 0.00 1 1. gg -N- SCALE 1" = 50'EXHIBIT'B' TEMPORARY CONSTRUCTION EASEMENT PORTIONS OF LOTS 2, 3 & 4 OF TRACT 5092-1, MAP NO. 13483 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA .s cÞ QO.oNOON rpl+ cc EE oo oo )a o ono ô-EEo oo J-1 7 224 .'Dedicated to Community fieMCG 2554SWEETWATERSPRINGSBOULEVARD,SPRING VALLEY,CALIFORNIA91978-2004 TELEPHONE:670-2222,AREACODE 619 WWW.Otaywater.gov June 1,2016 Project No.:S2024-001102 Vestar California XVII, LLC c/o Dana Duncan 2907 Shelter Island Dr.,#219 San Diego, CA 92106 SUBJECT:Temporary Construction and Permanent Utility Easement - APN #506-130-02,03 &04; Otay Water District -Campo Road Sewer Replacement Project; Statutory Offer Pursuant to Government Code Section 7267.2(a) Dear Property Owner: The Otay Water District (District)is in the process of relocating District Sewer facilities along Campo Road (SR 94) ("Campo Road Sewer Replacement Project"). In connection with the Campo Road Sewer Replacement Project,the District hereby offers to acquire Temporary Construction and Permanent Utility Easements across a portion of your real property located at 2949,2987 &2991 Jamacha Rd.and identified by Assessor Parcel Number 506-130-02,03 & 04 (the "Real Property").It is our understanding that you are currently the only owner of record of the Real Property.If you are not the owner of the Real Property, or if anyone else owns any portion of, or interest in,the Real Property, please contact us immediately. The District wishes to acquire the Temporary Construction and Permanent Utility Easements amicably,expeditiously,and by negotiation,pending the approval by the Board of Directors ("Board") of the District. To accomplish this,the District is required to (i)establish an amount that the District believes to be "just compensation,"(ii)make an offer to the owner(s)of record to acquire the Temporary Construction and Permanent Utility Easements for the full amount so established,and (iii)provide the owner(s)with a written statement of, and summary of the basis for, the amount established as "just compensation."The District's offer cannot be less than the District's appraisal ofthe value of the property interest to be acquired, (See California Government Code Section 7267.2(a)). Vestar California XVII, LLC Temporary Construction and Permanent Utility Easement -APN #506-130-02,03 & 04 June 1,2016 Page 2 of 3. The District retained the appraisal services of Colliers International,an independent real estate appraiser,to estimate the "Fair Market Value"of the proposed acquisition of Temporary Construction and Permanent Utility Easements,as that value is defined in Section 1263.320 of the California Code of Civil Procedure.The appraiser's Fair Market Value Estimate is shown on the enclosed "Summary of the Basis for the Amount Established as Just Compensation"and "Summary of Salient Facts and Conclusions." Based upon this independent appraisal,the District has determined that the amount of $67,039.00 constitutes Just Compensation for the proposed purchase of a Permanent Utility Easement and $5,229.00 constitutes Just Compensation for the proposed use of your property pursuant to the Temporary Construction Easement,both of which are described and depicted in the enclosed legal description and plat. Ifyou are agreeable with the above offer, an escrow will be opened by or at the direction of the District.Escrow will facilitate the conveyance of the Permanent Utility Easement to the District free and clear of any and all liens,encumbrances,and options or claims for leasehold interests for a total consideration of $72,300.00.The acquisition of the Temporary Construction and Permanent Utility Easements and access rights is subject to District reviewing the escrow Preliminary Title Report, if any, and accepting the conveyance document.The District will pay all eligible incidental expenses associated with the escrow closing,including any recording fees. Please note that the proceeds related to the purchase of the Temporary Construction and Permanent Utility Easements may be subject to payment demands for county taxes, assessment liens,federal and state tax liens,creditor judgements,and beneficiaries of trust deeds.Please note further,that ifa condemnation action is approved and filed,the District may continue to discuss a negotiated purchase based upon the offer set forth herein. This offer will be deemed revoked,if it has not been accepted before the earlier of (i)the date on which the Board of Directors of the District holds a public hearing on a possible condemnation action,if any,or (ii)within 45 days of the date of this letter. Ifthe above offer meets with your approval,please sign this letter on Page 3 under the heading "Offer Accepted" and return itto myattention. Aduplicate copy ofthis letter is enclosed for your records.Please review allthe enclosed documents priorto making a decision.If you accept our offer,please be ready to execute and deliver the Temporary Construction and Permanent Utility Easements enclosed with this offer. Vestar California XVII,LLC Temporary Construction and Permanent Utility Easement - APN #506-130-02,03 &04 June 1,2016 Page 3 of 3. If you have any questions regarding the project or the terms of the Temporary Construction and Permanent Utility Easements acquisition proposal,please contact the District's Project Manager,Stephen Beppler, P.E.,Senior Civil Engineer,at (619) 670- 2209 or by e-mail at steve.beppler@otaywater.gov. Sincerely, OTAY WATER DISTRICT Mark Watton General Manager MW:jf Enclosures: Summary of the Basis for the Amount Established as Just Compensation - Permanent Easement Summary ofthe Basis forthe Amount Established as Just Compensation - Temporary Construction Easement Appraisal Summary Statement Proposed Permanent Utility Easement with Exhibit A&B- Legaland Plat Proposed Temporary Construction Easement with Exhibit A&B- Legaland Plat The Public Acquisition Process Copy of this Offer Letter OFFER ACCEPTED:VESTAR CALIFORNIA XVII,LLC Dated: By: Signature Print P:\WORKING\CIP S2024 Campo Road Sewer Replacement\Easements\Proposed Easements\Offers\Vestar RSDTC - Constructionand Permanent EasementOffer 20160518.docx Summary of the Basis for the Amount Established as Just Compensation (Pursuant to Section 1255.010 of the California Code of Civil Procedure) (Accompanying the offer made pursuant to Government Code Section 7267.2) The following is a summary of the basis for the amount established as just compensation for the Permanent Utility Easement the District desires to acquire on a portion of the Real Property described in the Offer to which this Summary is attached. The appraisal was made in accordance with accepted appraisal principles, consistent with California valuation law. An identification of the parcel, the project for which the permanent utility easement is required, the required property rights and the valuation analysis which was the basis for the valuation conclusion is as follows: PROJECT: Otay Water District Campo Road Sewer Replacement Project ASSESSOR PARCEL NUMBER: 506-130-02 & 04 SUBJECT PROPERTY LOCATION: 2949 & 2987 Jamacha Rd., El Cajon, CA 92019 OWNER OF RECORD: Vestar California XVII, LLC 2907 Shelter Island Dr. #219, San Diego, CA 92106 Telephone: 619-223-9400 (Dana Duncan) INTEREST BEING VALUED: Permanent Utility Easement AREA AFFECTED: Approximately 7,057 square feet, or 0.162 acres DATE OF VALUE: February 12, 2016 SUMMARY OF VALUE CONCLUSIONS AND DESCRIPTION OF THE LARGER PARCEL: Refer to enclosed copy of Appraisal Summary Statement PROPOSED PROJECT: The purpose of the Otay Water District Campo Road Sewer Replacement Project is for the District to replace its facilities that are no longer meeting the District’s needs. The District anticipates using the Permanent Utility Easement as a means to access the trench for the pipe to be realigned. After the realignment of the pipe is accomplished, the District will return the easement to its condition prior to the access. Summary of the Basis for the Amount APN 506-130-02 & 04 Established as Just Compensation – Permanent Utility Easement Page 2 of 3. DESCRIPTION OF THE PERMANENT UTILITY EASEMENT USE: The permanent easement has an area of approximately 7,057 square feet. The District will construct a 15” sewer within the easement. Upon completion the District will return the easement to its condition prior to the access and will access the sewer through manholes. REMAINDER OF PARCEL: The permanent utility easement is not anticipated to have significant impact on the Real Property. VALUATION OF THE LARGER PARCEL Definition of Fair Market Value Fair Market Value is defined under California law as the highest price on the date of valuation that would be agreed by a seller willing to sell but under no particular or urgent necessity to sell and a buyer being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. Definition of Highest and Best Use Highest and best use is defined as the reasonably probable use of land that is legally permissible, physically possible, financially feasible, and maximally productive resulting in the highest value. The highest and best use analysis is used in the appraisal process to identify comparable properties and, where applicable, to determine whether the existing improvements should be retained, renovated, or demolished. The results of the highest and best use analysis are discussed below. HIGHEST AND BEST USE The highest and best use for the Real Property was determined to be industrial building, as zoned. METHODOLOGY The sales comparison approach was used to estimate the fair market value of the Real Property and the temporary construction easement. Summary of the Basis for the Amount APN 506-130-02 & 04 Established as Just Compensation – Permanent Utility Easement Page 3 of 3. SALES COMPARISON APPROACH The following is a summary of the principal sales considered applicable to the valuation of the larger parcel: SUMMARY OF IMPROVED TRANSACTIONS No. Location Sale Date Size in AC Price Price/SF 1 5900 Severin Dr., La Mesa Pending 2/4/2016 0.46 $400,000 $19.96 2 1338 E. Main St., El Cajon 8/28/2014 1.31 $1,020,000 $17.87 3 714 Grand Ave., Spring Valley 4/3/2015 0.27 $230,000 $19.56 4 230 El Cajon, El Cajon 7/21/2015 0.80 $500,000 $14.35 5 1164 Coushatta, Spring Valley 10/12/2015 1.42 $885,000 $14.31 Broker opinion of value varies from $15 to $20 per square foot depending on size and location of the parcels. The property at Jamacha Rd., consisting of 4.10 acres, has an estimated value of $19 per square foot. VALUATION OF PERMANENT UTILITY EASEMENT The compensation for the permanent easement which encumbers 7,057 square feet was based on the fee simple interest of the property, and is a percentage of the fee simple value based on the fact that it is shared property with some rights retained by the current property owner. The fee simple value of the land was established at $19 per square foot. With 50% of the rights taken by the permanent easement. Therefore, the value of the part taken is $67,039 ($19.00 per square foot x 50% shared rights x 7,057 square feet). VALUE OF THE REMAINDER Following the proposed realignment/relocation of the District’s facilities, the Real Property will have an area that is unchanged from its present condition. No significant adverse impact is anticipated from the Project. The acquisition of the easement does not change the zoning or other land use regulations applicable to the Real Property. Based on the investigation, there are no damages occasioned by the Project to the reminder of the Real Property. BENEFIT The proposed sewer line continues to be underground and will be available through manholes for use on the Real Property. There is no market evidence suggesting that there is a benefit to the Real Property. Therefore, there are no demonstrable benefits to the Real Property directly resulting from the Project. Summary of the Basis for the Amount Established as Just Compensation (Pursuant to Section 1255.010 of the California Code of Civil Procedure) (Accompanying the offer made pursuant to Government Code Section 7267.2) The following is a summary of the basis for the amount established as just compensation for the Temporary Construction Easement the District desires to acquire on a portion of the Real Property described in the Offer to which this Summary is attached. The appraisal was made in accordance with accepted appraisal principles, consistent with California valuation law. An identification of the parcel, the project for which the temporary construction easement is required, the required property rights and the valuation analysis which was the basis for the valuation conclusion is as follows: PROJECT: Otay Water District Campo Road Sewer Replacement Project ASSESSOR PARCEL NUMBER: 506-130-02, 03 & 04 SUBJECT PROPERTY LOCATION: 2949, 2987 & 2991 Jamacha Rd., El Cajon, CA 92109 OWNER OF RECORD: Vestar California XVII, LLC 2907 Shelter Island Dr. #219, San Diego, CA 92106 Telephone: 619-223-9400 (Dana Duncan) INTEREST BEING VALUED: Temporary Construction Easement AREA AFFECTED: Approximately 5,793 square feet, or 0.133 acres DATE OF VALUE: February 12, 2016 SUMMARY OF VALUE CONCLUSIONS AND DESCRIPTION OF THE LARGER PARCEL: Refer to enclosed copy of Appraisal Summary Statement PROPOSED PROJECT: The purpose of the Otay Water District Campo Road Sewer Replacement Project is for the District to replace its facilities that are no longer meeting the District’s needs. The District anticipates using the Temporary Construction Easement as a means to access the trench for the pipe to be realigned. After the realignment of the pipe is accomplished, the District will return the temporary construction easement to its condition prior to the access. Summary of the Basis for the Amount APN 506-130-02, 03 & 04 Established as Just Compensation –Temporary Construction Easement Page 2 of 3. DESCRIPTION OF THE TEMPORARY CONSTRUCTION EASEMENT USE: The temporary construction easement has an area of approximately 5,793 square feet and is required for a period of six months. However, actual work on that portion of the pipeline is anticipated to be a few weeks. The area that the District needs to access is within the Real Property through the existing parking lot. REMAINDER OF PARCEL: The temporary construction easement is not anticipated to have significant impact on the Real Property. VALUATION OF THE LARGER PARCEL Definition of Fair Market Value Fair Market Value is defined under California law as the highest price on the date of valuation that would be agreed by a seller willing to sell but under no particular or urgent necessity to sell and a buyer being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. Definition of Highest and Best Use Highest and best use is defined as the reasonably probable use of land that is legally permissible, physically possible, financially feasible, and maximally productive resulting in the highest value. The highest and best use analysis is used in the appraisal process to identify comparable properties and, where applicable, to determine whether the existing improvements should be retained, renovated or demolished. The results of the highest and best use analysis are discussed below. HIGHEST AND BEST USE The highest and best use for the Real Property was determined to be industrial building, as zoned. METHODOLOGY The sales comparison approach was used to estimate the fair market value of the Real Property and the temporary construction easement. Summary of the Basis for the Amount APN 506-130-02, 03 & 04 Established as Just Compensation –Temporary Construction Easement Page 3 of 3. SALES COMPARISON APPROACH The following is a summary of the principal sales considered applicable to the valuation of the larger parcel: SUMMARY OF IMPROVED TRANSACTIONS No. Location Sale Date Size in AC Price Price/SF 1 5900 Severin Dr., La Mesa Pending 2/4/2016 0.46 $400,000 $19.96 2 1338 E. Main St., El Cajon 8/28/2014 1.31 $1,020,000 $17.87 3 714 Grand Ave., Spring Valley 4/3/2015 0.27 $230,000 $19.56 4 230 El Cajon, El Cajon 7/21/2015 0.80 $500,000 $14.35 5 1164 Coushatta, Spring Valley 10/12/2015 1.42 $885,000 $14.31 Broker opinion of value varies from $15 to $20 per square foot depending on size and location of the parcels. The property at Rancho San Diego Towne Center, consisting of 4.10 acres, has an estimated value of $19 per square foot. VALUATION OF TEMPORARY CONSTRUCTION EASEMENT The compensation for a temporary construction easement typically amounts to compensation to the owner for loss in utility of the area during the period of time the portion of the property is used for another purpose. A rental rate of return of 9.5 percent per year was applied to reflect the value of the temporary rights. The temporary construction easement will be needed for a period of six months (.5 of a year). Therefore, the value of the part taken is $5,229. The resulting calculation is as follows: $19.00 x 5,793= $110,067 $110,067 x 9.5% per year = $10,456 per year $10,456 x .5 year = $5,229 VALUE OF THE REMAINDER Following the proposed relocation of the District’s facilities, the Real Property will have an area that is unchanged from its present condition. No significant adverse impact is anticipated from the Project. The acquisition of the easement does not change the zoning or other land use regulations applicable to the Real Property nor does it have a significant impact on the use of the Real Property during the time the temporary construction easement is anticipated to remain in effect. Based on the investigation, there are no damages occasioned by the Project to the remainder of the Real Property. BENEFIT The proposed sewer line continues to be underground and will not be available for use on the Real Property. There is no market evidence suggesting that there is a benefit to the Real Property. Therefore, there are no demonstrable benefits to the Real Property directly resulting from the Project. OTAY Ðsd¿caisd to Comr,rnunttg Se,rt;¿ce 2554 SWEETWATER SPRINGS BOULEVARD, SPRING VALLEY CALIFORNIA 91 978-2004 TELEPHONE: 670-2222, AREACODE619 www.otawater.gov December 19, 2016 Project No.: 52024-001 102 Vestar c/o Allan J. Kasen 2425 East Camelback Road, Suite 750 Phoenix, AZ 85016 SUBJECT Temporary Construction and Permanent Utility Easement - APN # 506-130-02,03 & 04; Otay Water District - Campo Road Sewer Replacement Project; Statutory Offer Pursuant to Government Code Secfion 7267.2(a) Dear Mr. Kasen The Otay Water District (District) hereby presents a revised statutory offer to acquire Temporary Construction and Permanent Utility Easements across a portion of the real property located a|2949,2987, & 2991 Jamacha Road and identified by Assessor Parcel Number 506-130-02,03 & 04 (the "Real Property"), owned byVestar and its subsidiary Vestar California XVll, LLC, upon which the District initially offered in a letter dated June 1 , 2016. The easement is related to the District's relocation of sanitary sewer facilities along Campo Road (SR 94) ("Campo Road Sewer Replacement Project"). Based upon negotiations between the District's legal counsel and Vestar and considering the appraised value and your disagreements with it, an amount of $190,000.00 has been deemed as Just Compensation for the proposed purchase of the Permanent Utility Easement and Temporary Construction Easement, both of which are described and depicted in the enclosed legaldescriptions and plats. The descriptions have been revised from the original version provided in the June 1 , 2016 offer to reflect agreed upon changes. Upon acceptance of this offer, an escrow will be opened by or at the direction of the District. Escrow will facilitate the conveyance of the Permanent Utility Easement and Temporary Construction Easement to the District free and clear of any and all liens, encumbrances, and options or claims for leasehold interests for a total consideration of $190,000.00. The acquisition of the Temporary Construction and Permanent Utility Easements and access rights is subject to District reviewing the escrow Preliminary Title Report, if any, and accepting the conveyance document. The District will pay all eligible incidental expenses associated with the escrow closing including any recording fees. Vestar Temporary Construction and Permanent Utility Easement - APN # 506-1 30-02,03 & 04 December 19,2016 Page 2 of 2. Please note that the proceeds related to the purchase of the Temporary Construction and Permanent Utility Easements may be subject to payment demands for county taxes, assessment liens, federal and state tax liens, creditor judgements, and beneficiaries of trust deeds. This offer will be deemed revoked if it has not been accepted within 30 days of the date of this letter. Please have the appropriately authorized signatory sign this letter below under the heading "Offer Accepted" with notary acknowledgment and return it to my attention along with a completed Federal IRS Form W-9 (enclosed). A copy of this letter is enclosed for your records. Please also be prepared to execute and deliver the Temporary Construction and Permanent Utility Easements enclosed with this offer. Sincerely, OTAY WA R DISTRICT rk Watton General Manager MW:jf Enclosures: Proposed Permanent Utility Easement with Exhibit A & B - Legal and Plat Proposed Temporary Construction Easement with Exhibit A & B - Legal and Plat Federal IRS Form W-9 Copy of this Offer Letter OFFER ACCEPTED: VESTAR CAL¡FORNIA XVII, LLC Dated By: Title Signature Print ATTACHMENT F – Budget Detail Project Budget Detail S2024‐Campo Road Sewer Main Replacement   Level Title1 Committed Expenditures Outstanding  Commitment  Projected  Final Cost  Vendor Planning Consultant  Contracts  $20,020.00 $20,020.00 $0.00 $20,020.00  AEGIS ENGINEERING  MGMT INC  Regulatory Agency  Fees  $132.00 $132.00 $0.00 $132.00  US BANK  $2,260.00 $2,260.00 $0.00 $2,260.00  COUNTY OF SAN  DIEGO  Service Contracts $161.70 $161.70 $0.00 $161.70  SAN DIEGO DAILY  TRANSCRIPT  $42.50 $42.50 $0.00 $42.50  EAST COUNTY  GAZETTE  Standard Salaries $138,106.13 $138,106.13 $0.00 $138,106.13   Total $160,722.33 $160,722.33 $0.00 $160,722.33   Design Consultant  Contracts  $9,315.00 $9,315.00 $0.00 $9,315.00  WATER SYSTEMS  CONSULTING INC  $765,074.35 $689,661.45 $75,412.90 $765,074.35  RICK ENGINEERING  COMPANY  $4,025.00 $4,025.00 $0.00 $4,025.00  MICHAEL D KEAGY  REAL ESTATE  $3,507.75 $3,507.75 $0.00 $3,507.75  NINYO & MOORE  GEOTECHNICAL  Professional Legal  Fees  $182.32 $182.32 $0.00 $182.32  STUTZ ARTIANO  SHINOFF  $1,910.00 $1,910.00 $0.00 $1,910.00  ARTIANO SHINOFF  Regulatory Agency  Fees  $956.00 $956.00 $0.00 $956.00  COUNTY OF SAN  DIEGO  Service Contracts $158.20 $158.20 $0.00 $158.20  SAN DIEGO DAILY  TRANSCRIPT  Easement  Acquisition  $125,000.00 $0.00 $125,000.00 $125,000.00 REGENCY CENTERS   $190,000.00 $0.00 $190,000.00 $190,000.00 VESTAR  Standard Salaries $253,089.60 $253,089.60 $0.00 $253,089.60   Total $1,353,218.22 $962,805.32 $390,412.90 $1,353,218.22  Construction Consultant  Contracts  $42,460.65 $0.00 $42,460.65 $42,460.65  RICK ENGINEERING  COMPANY  $12,258.00 $12,258.00 $0.00 $12,258.00  NINYO & MOORE  GEOTECHNICAL  $17,400.00 $17,400.00 $0.00 $17,400.00  ALYSON CONSULTING  Standard Salaries $1,285.07 $1,285.07 $0.00 $1,285.07   Total $73,403.72 $30,943.07 $42,460.65 $73,403.72   Budget $8,500,000.00   Total $1,587,344.27 $1,154,470.72 $432,873.55 $1,587,344.27  SUBJECT/PROJECT: S2024-001102 Authorization to Acquire Easements at Rancho San Diego Towne Center from Vestar for the Campo Road Sewer Replacement SKYLINEWESLEYANCHURCH ?Ë AV O C A D O B L V D FURY LANE JAM A C H A B L V D JAMAC H A R D CUYAMACACOLLEGE C A M P O R D C A M P O R D ?Ë OWDREGULATORYSITE Ralph W. ChapmanWater ReclamationFacility SINGER L N RANCHOSAN DIEGOVILLAGE RANCHOSAN DIEGOTOWNECENTER EASEMENTACQUISITION VICINITY MAP PROJECT SITE NTS DIV 5 DIV 1 DIV 2 DIV 4 DIV 3 ?ò Aä;&s ?p ?Ë !\ OTAY WATER DISTRICTCAMPO ROAD SEWER MAIN REPLACEMENTLOCATION MAP EXHIBIT A CIP S2024 0 1,000500 Feet F F P: \ W O R K I N G \ C I P S 2 0 2 4 C a m p o R o a d S e w e r R e p l a c e m e n t \ G r a p h i c s \ E x h i b i t s - F i g u r e s \ E x h i b i t A , L o c a t i o n M a p , O c t 2 0 1 6 . m x d Legend Proposed 15-Inch Sewer Main Alignment Existing 10-inch Gravity Sewer to be Replaced Existing Sewer Mains OTAY WATER DISTRICTCAMPO ROAD SEWER REPLACEMENTRANCHO SAN DIEGO TOWNE CENTERPROPOSED EASEMENT CIP S2024F P: \ W O R K I N G \ C I P S 2 0 2 4 C a m p o R o a d S e w e r R e p l a c e m e n t \ G r a p h i c s \ E x h i b i t s - F i g u r e s \ R S D T o w n e C e n t e r P r o p o s e d E a s e m e n t - R E V 1 . m x d RANCHO SAN DIEGOTOWNE CENTER C a m p o R d Jamacha Rd Jamach a R d 331 0 10050 Feet EXHIBIT B PROPOSED EASEMENT PERMANENT EASEMENT TEMPORARY CONSTRUCTION EASEMENT STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: February 1, 2017 SUBMITTED BY: Bob Kennedy Engineering Manager PROJECT: P2467- 001101 DIV. NO. 4 APPROVED BY: Rod Posada, Chief, Engineering German Alvarez, Assistant General Manager Mark Watton, General Manager SUBJECT: Informational Update of the San Diego Formation Basin Boundary Modification and Sustainable Groundwater Management Act Requirements GENERAL MANAGER’S RECOMMENDATION: No recommendation. This is an informational item only. COMMITTEE ACTION: Please see Attachment A. PURPOSE: To update the Otay Water District (District) Board of Directors (Board) on the progress of the City of San Diego’s application with the California Department of Water Resources (DWR) for a scientific-based modification to the boundaries of the San Diego Formation Groundwater (SDF) aquifer (see Exhibit A for Project location). ANALYSIS: In September of 2014, Governor Brown signed into law the Sustainable Groundwater Management Act (SGMA) (Water Code Sections 10720-10736.5) in response to persistent and drought- driven severe overdraft and related ground subsidence issues in portions of the state, primarily the Central Valley of 2 California. SGMA set forth a process and timeline for the formation of Groundwater Sustainability Agencies (GSAs) to establish and implement Groundwater Sustainability Plans (GSPs) and restore groundwater sustainability in basins classified by the DWR as being of “medium” to “high” priority. On March 25, 2016, the City of San Diego filed an application with DWR for a scientific-based modification to the boundaries of the SDF aquifer. It is described as a scientific-based modification to the boundaries of the Sweetwater Valley (Basin 9-17), Otay Valley (Basin 9-18), and Tijuana Valley (Basin 9 19) groundwater basins, as defined in DWR Bulletin 118. These basins are located in the southern San Diego County portion of the South Coast Hydrologic Region. The proposed modification will consolidate the three basins into one, and expand the boundaries to include the whole of the underlying SDF aquifer. The modification of the basin boundary is not a project under CEQA Guideline Section 15378 (b). The proposed SDF basin is bounded on the east side by the La Nacion fault zone that extends from Mission Valley south to the Mexico border. The western SDF basin boundary would be defined by the shoreline. The northern proposed SDF basin overlaps with a fourth DWR designated basin, the Mission Valley basin DWR Basin 9-14. The Mission Valley basin is independent and not included in the proposed modification of the SDF aquifer. The southerly basin boundary would be at the U.S./Mexico International Border. The District’s Rancho del Rey well is located within the SDF aquifer (see Exhibit B). In 2001, local water agencies and the United States Geological Survey (USGS) began a comprehensive geologic, hydrologic, and geochemical investigation of the groundwater resource in the coastal San Diego area known as the San Diego Hydrogeology Project. Funding for this project was provided by the District, Sweetwater Authority, the City of San Diego, the State of California via water bonds, and the United States Federal Government via appropriations for the USGS. The two (2) primary objectives of the USGS study are (1) to develop an integrated, comprehensive understanding of the geology and hydrology of the San Diego area, focusing on the SDF and the overlying alluvial deposits, and (2) to use this understanding to evaluate expanded use of the alluvial deposits and the SDF for recharge and extraction. The USGS has installed a system of multi-point monitoring wells in coastal San Diego and has compiled subsurface data and physical properties of the SDF. Groundwater data dating back more than ten years and other resources from 3 the USGS pertaining to the SDF can be accessed at the attached URL. URL: http://ca.water.usgs.gov/projects/sandiego/index.html The City of San Diego and Sweetwater Authority reviewed the proposed boundary modification with District staff at information workshops held on March 3, 2016 and on December 1, 2016. DWR is expected to accept the basin boundary modification and move the basin to a Medium priority and then requirements will be triggered for SGMA compliance. The SGMA act requires the formation of local groundwater sustainability agencies (GSAs) that must assess conditions in their local water basins and adopt locally-based groundwater sustainability management plans (GSP). The SGMA act provides substantial time – 20 years – for GSAs to implement plans and achieve long-term groundwater sustainability. According to the state, SGMA does not affect water rights. The purpose of SGMA is to address water management issues together as stakeholders in the basin. One option is for multiple agencies to form a single GSA and prepare a single GSP. A second option would be for multiple agencies to form multiple GSAs and work together to prepare a single GSP with an optional inter-basin agreement. A third option is for multiple agencies to form multiple GSAs and prepare multiple GSPs. The state will require the plans to be coordinated through a coordination agreement. Allocation is a future issue that is addressed during GSA and GSP discussions. Scientific data is the basis for allocations. It is expected the District will have up to two (2) years to decide how to form a GSA and another two (2) years to prepare a GSP or participate in the preparation with Sweetwater Authority and the City of San Diego. The budget for the City’s GSP is $1 million dollars, which will have to be prorated with the participating agencies sharing the costs, if a joint GSP is prepared. District staff will meet with Sweetwater Authority and City of San Diego staff over the next six months to better understand the benefits of the District having an active role in groundwater resource management and the cost of the GSA formation, GSP plan preparation, ongoing monitoring responsibilities and the long-term commitment for the reporting and GSP updates required by the state. FISCAL IMPACT: Joe Beachem, Chief Financial Officer No fiscal impact as this is an informational item for the Board. 4 STRATEGIC GOAL: This Project supports the District’s Mission statement, “To provide high value water and wastewater services to the customers of the Otay Water District in a professional, effective, and efficient manner” and the General Manager’s Vision, “A District that is at the forefront in innovations to provide water services at affordable rates, with a reputation for outstanding customer service.” LEGAL IMPACT: No legal impact is anticipated. BK/RP:jf P:\WORKING\CIP P2467 SD Formation Groundwater Feasibility Study\Staff Reports\BD 02-01-17, Staff Report, GSA- GSP Info Item.docx Attachments: Attachment A – Committee Action Exhibit A – Project Location Exhibit B – Rancho del Rey Well Location Exhibit C - Presentation ATTACHMENT A SUBJECT/PROJECT: P2467-001101 Informational Update of the San Diego Formation Basin Boundary Modification and Sustainable Groundwater Management Act Requirements COMMITTEE ACTION: The Engineering, Operations, and Water Resources Committee reviewed this item at a meeting held on January 17, 2017 and the following comments were made: 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. CHULAVISTA CORONADO IMPERIALBEACH LA MESA LEMONGROVE NATIONALCITY SANDIEGO SANDIEGO CORONADO CHULAVISTA S.D.COUNTY S.D.COUNTY S.D.COUNTY Path:U:\Projects\_Jobs\60438044City of SD -Groundwater MgmtPlan- SD Fm\012 GIS MAPS & CAD\!GSP Figures\map_docs\Agencies_Municipalities_ALL.mxd,janssenn,10/18/2016, 4:44:34PM Legend Coastal Plain of San Diego Boundary Municipal Boundaries City of San Diego Otay Water District South Bay Irrigation District City of National City Navy Public Works California-American Water Co SOURCES: ESRI, CA DWR. CITY AND WATER AGENCYJURISDICTION BOUNDARIESSAN DIEGO, CA FIG. NO:1SCALE: 1" = 2.5 miles (1:158,400) 1.25 0 1.25 2.5 Miles O SCALE CORRECT WHEN PRINTED AT 8.5X11Portions of this DERIVED PRODUCT contains geographic information copyrighted by SanGIS. All Rights Reserved. OTAY WATER DISTRICTRANCHO DEL REY WELL &EAST BOUNDARY OF THE PROPOSEDGROUNDWATER MANAGEMENT BASIN F P: \ D R A F T I N G D E P A R T M E N T \ I n f o f o r O t h e r s \ O W D \ B o b K \ R a n c h o D e l R e y W e l l S i t e & P r o p o s e d G r o u n d w a t e r M a n a g e m e n t B a s i n B o u n d a r y . m x d ^_Terr a N o v a D r Huerto P l Calle L a g a s c a N Ranc h o d e l R e y P k w y Ra n c h o d e l R e y P k w y M i l a g r o s a C i r Verin Ln P a d e r a W a y P l a z a d e l C i d Del C o r r o C t Montera Ct Lagasc a P l Mil a g r o s a P l 127 111 ROW 5921210600 5921210300 5921210400 5921210500 6400102400 6400201100 6400101800 5933823800 59 2 1 9 2 1 8 0 0 59 2 1 9 2 1 0 0 0 6400101900 59 3 3 8 2 4 1 0 0 5934001500 5933 8 0 3 6 0 0 59 3 3 9 2 1 4 0 0 0 1,000500 Feet Legend Proposed Groundwater Management Basin Boundary OWD Rancho Del Rey Well Site^_ September 2016 1) Provide for sustainable management of California’s groundwater resources 2) Promote local control and cooperation SGMA Purpose EXHIBIT C Background – The Coastal Plain of San Diego Groundwater Basin 2 Basin Boundary Modification 3 4 1) The Water Agencies are willing to lead as GSAs, retaining water management responsibility for GW within their service areas. 2) Cities have the option to be GSAs, but are not required to do so 3) Cal Am is not eligible to form a GSA, but could participate by MOU or similar. 4) GSA Coverage for the Cal Am Service area could be provided by the overlying cities, CSD, or the County. Executive Summary 2) GSA Formation Options IMPLICATIONS PROPOSED BASIN BOUNDARY MODIFICATION 5 Rancho del Rey Well Site 5 IMPLICATIONS PROPOSED BASIN BOUNDARY MODIFICATION 6 GSP Options 6 7 COST • Staff and/or consultants participation in management activities & meetings • Contribute to preparation of GSP • Ongoing monitoring responsibility • Regular GSP updates • Long term commitment • $$$ BENEFIT • Have an active role in groundwater resource management Any “Local Agency” as defined is eligible to form GSA: 10721 (n):“Local agency” means a local public agency that has water supply, water management, or land use responsibilities within a groundwater basin. Executive Summary 3) GSA Benefits and Costs GSA Authorities 8 • GSAs are empowered by SGMA to manage groundwater basins and regulate use Significant Authorities Granted to GSAs by SGMA 1. Adopt Rules and Regulations 2. Impose Fees 3. Monitor Groundwater Extractions 4. Acquire Property and Water Rights / Construct Projects 5. Arrange Transfers and Exchanges 6. Regulate Well Spacing 7. Regulate Groundwater Extractions 8. Coordinate with County on Issuance of Well Permits 9. Enforcement GSA Formation Process 9 Also: •Principles of Understanding among intended GSA formation agencies • Future formal MOU(s)or Coordination Agreement as needed 1) Public Notice of Intent to form GSA 2) Document Public Outreach 3) Adopt Resolution 4) Submittal to DWR 5) DWR Designates Exclusive GSA GSP Elements • Basin Characterization / Water Balance • Sustainability Objectives / Avoidance of Undesirable Results Chronic Overdraft Seawater Intrusion (TDS, Chlorides) Land Subsidence Surface Water Depletion • Thresholds and Monitoring • Projects and Actions to Reach Goals • Annual Reporting 10 IMPLICATIONS PROPOSED BASIN BOUNDARY MODIFICATION 11 Questions? 11