HomeMy WebLinkAboutItem 5c. Execution of First Amendment to City and Cal Poly Water and Sewer Rate Agreement Item 5c
Department: Utilities
Cost Center: 6001 and 6101
For Agenda of: 2/4/2025
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: Julie Ridgeway, Utilities Business Manager
Shawna Scott, Special Projects Manager
SUBJECT: AUTHORIZE EXECUTION OF FIRST AMENDMENT TO CITY/CAL POLY
WATER AND SEWER RATE AGREEMENT TO EXTEND THE TERM OF
THE AGREEMENT BY ONE YEAR WITH OPTION FOR EXTENSION
RECOMMENDATION
1. Authorize the City Manager to execute the First Amendment to the Agreement
Between the City of San Luis Obispo and the Board of Trustees of the California State
University Regarding Water and Sewer Rates, which would extend the current water
and sewer service agreement with California Polytechnic State University (Cal Poly)
by one year; and
2. Authorize the City Manager to approve additional extensions up to a cumulative total
of three years (up until June 30, 2028).
POLICY CONTEXT
General Plan Water and Wastewater Element Program A2.3.1 addresses the
collaborative nature of staff’s work with California Polytechnic State University (Cal Poly),
stating that the City will “work cooperatively on regional water issues and water resource
planning (Water Resource Advisory Committee, Whale Rock Commission, Groundwater
Sustainability Commission, etc.).” The existing agreement to be extended related to the
University’ s capacity interest in City facilities is consistent with Water and Wastewater
Element Policies A5.2.5 and B2.2.3; these policies address fair share contributions to
upgrades to water and wastewater facilities.
DISCUSSION
Background
The City and Cal Poly have a long-standing relationship, with the City providing water
treatment and wastewater collection and treatment services to Cal Poly dating back to
the 1960s. The City provides Cal Poly with water and wastewater services via agreement
because the University lies outside the City limits. In April 2021, the City entered into the
current water and sewer agreement (“Agreement”) with Cal Poly, supporting both parties’
water and wastewater service needs (Attachment A).
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Item 5c
The Agreement, set to expire on June 30, 2025, has facilitated a long-standing
relationship of providing Cal Poly with treated potable water1 and the University’s capacity
interests in the City’s Water Treatment Plant, Water Resource Recovery Facility (WRRF),
and wastewater collections system. Since the Agreement was executed, Cal Poly has
proceeded with implementation of its 2035 Master Plan, including, but not limited to
design and construction of on-campus housing and plans for the University’s own Water
Reclamation Facility (wastewater treatment plant).
In anticipation of the expiration of the existing Agreement, City and Cal Poly staff have
initiated negotiations on amendments to existing terms and have identified a need for
additional time to comprehensively and collaboratively amend the Agreement. To allow
staff and University representatives adequate time to address each party's concerns and
to develop a comprehensive, mutually beneficial, long-term contract, staff recommends
approving the proposed one-year extension (Attachment B) of the existing agreement.
This extension will allow both parties the time needed to establish terms that align with
the City’s and University’s shared goals. As proposed, the Amendment would also allow
for additional extensions up to a cumulative total of three years (up until June 30, 2028),
subject to the approval of the City Manager.
All other terms of the existing Agreement would remain unchanged and in effect until
replaced by the new agreement.
Previous Council or Advisory Body Action
On June 16, 2020, the City Council authorized the City Manager to enter into Agreements
with the University (on behalf of the Board of Trustees of the California State University)
for water and wastewater service to the University. Executed Agreements included the
current Water and Sewer Rate Agreement, Capacity Interest Agreement, and a Capacity
Memorandum of Understanding.
Public Engagement
This item is placed on the City Council Consent Agenda, which provides the opportunity
for the public to provide comments prior to and during the public meeting.
CONCURRENCE
Cal Poly has agreed to the proposed language in the First Amendment to the Agreement.
The City Attorney’s Office has approved the form of the First Amendment to the
Agreement.
1 Cal Poly has its own source of water supply from Whale Rock Reservoir.
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Item 5c
ENVIRONMENTAL REVIEW
The proposed action would result in the continuance of the existing Agreement and would
not result in any physical change to the environment. Furthermore, pursuant to California
Environmental Quality Act (CEQA) Guidelines Section 15273, CEQA does not apply to
the establishment, modification, structuring, restructuring, or approval of rates…or other
charges by public agencies, because the University’s continued payment of rates and
fees would not fund capital projects not otherwise evaluated under CEQA. Capital
projects identified in the existing Agreement proposed to remain in effect include the
Water Energy Efficiency Project and WRRF Project, both of which obtained CEQA
determinations prior to construction:
x The Community Development Department issued a Notice of Exemption on
January 24, 2019 for the Water Energy Efficiency project per Section 15301, Class
1 – Existing Facilities.
x The Final Environmental Impact Report for the Water Resource Recovery Facility
Project was certified by the City Council on August 16, 2016.
FISCAL IMPACT
Budgeted: No Budget Year: 2024-2025
Funding Identified: No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Water and
Sewer Funds
* * * *
Total $ $ $ $
Note: The University will continue to pay for water and wastewater services pursuant
to the formula identified in the existing Agreement.
ALTERNATIVES
Council could decide not to approve the agreement amendment to extend the
current agreement. This alternative is not recommended, as it would limit the time
available to negotiate updated agreement terms. Without the extension, there is a risk
that both parties may not reach a consensus and secure approval from their respective
Councils/Boards before the current agreement’s expiration on June 30, 2025, potentially
leaving them without a formal agreement in place.
ATTACHMENTS
A - Current 2021 City of San Luis Obispo and Cal Poly Water and Sewer Agreement
B - First Amendment to the Agreement
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AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO
AND THE BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY
REGARDING WATER AND SEWER RATES (“Agreement”)
THIS AGREEMENT, made on _____________________________, by and
between the CITY OF SAN LUIS OBISPO, CALIFORNIA (hereinafter referred to as "City"),
and BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY (hereinafter
referred to as "University").
WITNESSETH:
WHEREAS, the City and the University entered into a Memorandum of
Understanding on March 17, 2020 agreeing to address a series of water and sewer
objectives by agreement; and
WHEREAS, the City and the University agree that this Agreement is solely for the
purpose of establishing appropriate water and sewer rate structures based on the
Agreement Between the City of San Luis Obispo and the Board of Trustees of the
California State University Regarding Capacity Interest in the Water and Sewer Systems
dated, _______________________________, and the 2021 Memorandum of
Understanding Between the City of San Luis Obispo and the Board of Trustees of the
California State University Regarding Capacity Interest in City Facilities collectively
referred to as the “Agreement”; and
WHEREAS, the City and the University entered into a new methodology of
calculating rates in January 1993, and subsequently recalculated the rates in 1998, 2003,
2007, 2012; and
WHEREAS, the City and the University agreed in 1998, 2003, 2007, and 2012 to a
rate structure which ties the University to the City’s approved non-residential rate structure,
including monthly fixed charges, and periodic rate review, while reflecting the University’s
unique differences from other City customers; and
WHEREAS, it is agreed that the University is exempt from all City Water Source of
Supply costs as it has its own source of supply in Whale Rock Reservoir and as a member
agency of the Whale Rock Commission pays separately for its water supply costs; and
WHEREAS, it is agreed that the University will pay the City to provide water supply
operational resiliency from other City water supplies to prevent service interruption when the
University’s water supply from Whale Rock Reservoir is unavailable; and
WHEREAS, it is agreed that the University will maintain its capacity interest in the
City’s Water Treatment Plant by paying its percentage share of agreed upon capital costs for
the upgrade underway in 2021 thereby adjusting their water rate; and
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WHEREAS, it is agreed that the University will maintain its capacity interest in the
City’s Water Resource Recovery Facility (WRRF)1 by paying its percentage share of agreed
upon capital costs for the upgrade underway in 2021 thereby adjusting their sewer rate; and
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto
agree as follows:
1. RATE STRUCTURE METHODOLOGY
Water Rate Structure
The University's rate structure for water shall be based on the current rate for City non-
residential accounts as modified by a percentage ("ratio") that accounts for that part of the
rate structure that is applicable to the University.
Using only those expenses related to water treatment, water distribution, and less any
capacity interest in the system purchased by the University defined in the 2021 Capacity
Interest Agreement, this ratio is based on the following formula: The sum of (3 most recent
fiscal years audited expenses + 1 current fiscal year projected expenses + 1 upcoming fiscal
year projected expenses) divided by 5 = annual ratio. As an example, FY 2020-21 rate ratio
calculation would be (2018+2019+2020+2021+2022) / 5. It shall be established as outlined
in paragraph 2 and shall be recalculated annually by the City and provided to the University
30-days prior to its Annual Partnership Meeting as described in part 6 of this agreement. The
calculation of the current ratio for water charges is shown in Schedule A to this agreement.
Sewer Rate Structure
The University's rate structure for sewer shall be based on the current rate for City non-
residential accounts as modified by a percentage ("ratio") that accounts for that part of the
rate structure that is applicable to the University.
Using expenses divided appropriately according to operational, capital, and debt service
expenses for three components: collection, pretreatment, and treatment less any capacity
interest in the system purchased by the University defined in the 2021 Capacity Interest
Agreement, this ratio is based on the following formula: The sum of (3 most recent fiscal
years audited expenses + 1 current fiscal year projected expenses + 1 upcoming fiscal year
projected expenses) divided by 5 = annual ratio. As an example, FY 2020-21 rate ratio
calculation would be (2018+2019+2020+2021+2022) / 5. It shall be established as outlined
in paragraph 3 and shall be recalculated annually by the City and provided to Cal Poly 30-days
prior to its Annual Partnership Meeting as described in part 6 of this agreement. The
calculation of the current ratio for sewer charges is shown in Schedule B to this agreement.
2. SETTING A WATER RATE RATIO
The ratio to be applied to the non-residential water rate structure shall be determined by the
City. The City shall prepare a five-year analysis of the expenses for the City's water system.
These expenses shall be divided according to Operational, Capital, and Debt Service for
three components: Source of Supply, Treatment, and Distribution. The division of expenses
in this manner will therefore appear as a matrix (three columns labeled Source of Supply,
Treatment, and Distribution; five rows labeled Operations and Maintenance, Capital Outlay,
Debt Service – 2018 WTP, Debt Service – 2019 WTP, and Debt Service - Other).
1 The City’s Water Resource Recovery Facility (WRRF), was referred to in prior agreements as the Water Reclamation
Facility (WRF).
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The University's rate structure will be based only on those expenses related to water
treatment and distribution, less any capacity interest in the system purchased by the
University under separate agreement. The University shall not pay the percentage cost of
those components related to those Source of Supply costs as the University has its own
source of supply from Whale Rock Reservoir, except as described below related to short-
term non-potable water.
Schedule A sets forth this analysis for the period beginning with the execution of this
Agreement and extending until June 30, 2021 and shall serve as an example for
determining any changes to the ratio in subsequent annual periods. Schedule A to this
Agreement shows the current five-year expense analysis and related percentages as
described above and provides a step-by-step description of the ratio-setting method.
3. OTHER WATER CHARGES
Operational Resiliency for Potable Water
The City will charge the University for water supply operational resiliency2 based on the
historical duration of Whale Rock outages (five days). The operational resiliency cost for
2020-21 is $137,0003. In the event of a longer than the agreed upon five-day duration
Whale Rock outage, the University would be charged the respective per acre-foot water
supply pumping cost. The annual water supply operational resiliency cost will increase
consistent with any approved water rate increase. Outages in excess of 30 days will
require City Council approval.
Short -Term Non-Potable Delivery
If requested, the University’s rate structure for short-term non-potable water4 will be based
on all current fiscal year City expenses related to Source of Supply. The University will make
its annual request for short-term non-potable water to the City in writing 30-days prior to its
Annual Partnership Meeting. Short-term requests will be considered for a rolling period no
longer than five years 5. The provision of short-term non-potable water to the University will
be interruptible during any declared City water shortage emergency and will only be made
available following the City’s established policies and procedures.
4. SETTING A SEWER RATE RATIO
The ratio to be applied to the non-residential sewer rate structure shall be determined by the
City. The City shall prepare a prospective five-year analysis of the expenses for the City's
sewer system. These expenses shall be divided according to Operational, Capital, and Debt
Service expenses for three components: Collection, Pretreatment, and Treatment. The
University’s rate structure will be based on the expenses for these components less any
capacity interest in the system purchased by the University under separate agreement. The
division of expenses in this manner will therefore appear as a matrix (three columns labeled
Collection, Pretreatment, and Treatment; four rows labeled Operations and Maintenance,
Capital Outlay, Debt Service – WRRF, and Debt Service – Other).
2 The City charges the University for Water Supply Operational Resiliency which provides the University source water
from a City water supply source if the University’s Whale Rock water supply is unavailable.
3 Water delivered to Cal Poly from another City water supply source in-lieu of Whale Rock water is accounted for under
the Whale Rock Operating Policy, executed on May 13, 2014 by the Whale Rock participating agencies.
4 Short-term non-potable water is untreated (raw) water provided by a City water supply source for non-potable purposes,
such as agricultural irrigation.
5 As used here, the rolling five-year contract period would extend each year unless notice is given that non-potable
water is no longer needed by the University or no longer available from the City.
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Schedule B sets forth this analysis for the period beginning with the execution of this
Agreement extending until June 30, 2021 and shall serve as an example for determining
any changes to the ratio in subsequent annual periods. Schedule B to this Agreement
shows the current five-year expense analysis and related percentages as described above
and provides a step-by-step description of the ratio-setting method.
5. OTHER SEWER CHARGES
If requested, the University’s rate structure for short-term wastewater collection system and
wastewater treatment capacity will be based on City expenses related to wastewater
collection and treatment, including financing costs. The University will make its annual
requests for short-term wastewater collection system and wastewater treatment capacity to
the City in writing 30-days prior to its Annual Partnership Meeting. Short-term requests will
be considered for a rolling period no longer than five years6. The City retains the right to
deny any requests.
6. ANNUAL PARTNERSHIP MEETING
It is the intent of both parties to participate annually, no later than March each year, with
information shared 30-days prior to the meeting, to review and discuss in good faith the
following water and sewer rate and service issues.
City to provide:
A. Prior fiscal year’s rate analysis compared to actual expenses,
B. Sewer meter calibration report,
C. Water consumption and rate trends,
D. Data related to peak day water demand, dry weather daily wastewater flow, and
peak wastewater flow,
E. Status of City WTP and City WRRF projects and any planned projects,
F. Availability for short-term non-potable water, and available capacity for water
treatment, wastewater collection system, and wastewater treatment, and
G. Any major assumptions significantly changing the water and sewer rate ratios.
University to provide:
A. Progress on planned development, enrollment projections, planned Utility Master Plan
improvements, and planned water service connections, locations, and required
water and wastewater service for the coming year,
B. Annual efforts to reduce inflow and infiltration into its wastewater collection system
(feet of sewer pipe replaced, etc.),
C. Request for additional water treatment capacity, if projections of peak daily water
demand exceed WTP capacity interest,
D. Request for short-term non-potable water,
E. Request for short-term wastewater collection system and/or WRRF treatment
capacity (if projections of average daily dry weather flow or peak flow exceed
capacity interest), and
F. Status of campus water reclamation facility and campus water storage projects.
6 As used here, the rolling five-year contract period would extend each year unless notice is given that short-term
wastewater capacity is no longer needed by the University or no longer approved by the City.
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7. AMENDMENTS TO THE RATIO
Exceeding Capacity Interest
The City will inform the University in writing when water demand from the WTP or wastewater
flows to the wastewater collection system or WRRF are within ten percent of the University’s
capacity interest. If the University exceeds its capacity interest in the WTP, wastewater
collection system, or WRRF, at the discretion of the partners, a Partnership Meeting will be
held within 30 days of the exceedance for the City and University develop terms to mitigate
the exceedance.
Resetting the Rate Ratio
In the event the City and University cannot reach agreement on the proposed applicable rate
ratio for the next year, the rate ratio in existence at that time shall remain in effect until
agreement is reached. The parties agree to cooperate and use their best efforts to reach
agreement on the proposed rate ratio in an expeditious manner.
8. TERM OF AGREEMENT
This Agreement shall remain in place until June 30, 2025 as long as all conditions described
(other than the five-year ratio) remain the same.
9. AMENDMENTS TO THIS AGREEMENT
Any amendment, modification, or variation from the terms of this Agreement shall be in
writing and shall be effective only upon approval by both parties.
10. COMPLETE AGREEMENT
This written Agreement, including the Memorandum of Understanding between the City of
San Luis Obispo and California Polytechnic State University Regarding Capacity Interest
in City Facilities dated _______________________________, attached hereto as
Attachment A, specifically incorporated herein by reference, shall constitute the complete
agreement between the parties hereto. No oral agreement, understanding, or representation
not reduced to writing and specifically incorporated herein shall be of any force or effect, nor
shall any such oral agreement, understanding, or representation be binding upon the parties
hereto.
11. NOTICE
The City shall provide the University with at least the same notice of proposed changes in
water and sewer rates as other City customers. All notices related to this agreement shall be
in writing and addressed as follows:
University
Dennis Elliot
Interim Associate Vice President
Facilities & Development
Cal Poly State University
San Luis Obispo, CA 93407
University
Dru Zachmeyer
Assistant Vice President
Strategic Business Services
Administration & Finance
Cal Poly State University
San Luis Obispo, CA 93407
City
Aaron Floyd
Utilities Director
City of San Luis Obispo
879 Morro St.
San Luis Obispo, CA 93401
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12. JOINT WORK PRODUCT
This agreement is the joint work product of both parties; accordingly, in the event of
ambiguity no presumption shall be imposed against either party by reason of document
preparation.
13. RELATIONSHIP OF PARTIES
City and the agents and employees of City in the performance of this agreement shall act
in an independent capacity and not as officers or employees or agents of University. The
employees of University who participate in the performance of this agreement are not
agents of the City.
14. AUTHORITY TO EXECUTE AGREEMENT
Both City and University do covenant that each individual executing this agreement on behalf
of each party is a person duly authorized and empowered to execute Agreements for such
party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day and year first above written.
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
, By: ,
Teresa Purrington, City Clerk Derek Johnson, City Manager
APPROVED AS TO FORM:
,
J. Christine Dietrick, City Attorney
CONCUR: UNIVERSITY:
__________________________, By: ______________________________,
Dennis Elliot, Director Dru Zachmeyer,
Interim Associate Vice President Assistant Vice President
Facilities Management & Development Strategic Business Services
Administration & Finance
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SCHEDULE A. WATER
Steps to setting Cal Poly’s appropriate share of the Non-Residential Water Rate
X Annually the City shall prepare a rolling five-year schedule of expenses related to the City’s provision
of water service. The schedule will include actual expenses for the three most recent audited fiscal
years and projected expenses for both the current and next fiscal year.
Y These expenses shall be divided appropriately according to operational, capital, or debt service. Each
of these categories will be further divided according to whether it is a source of supply, treatment, or
distribution expense. The information for each year will be shown in a matrix, at the bottom and right of
which will appear the totals for that row and that column.
Z Expenses applicable to Cal Poly will be shaded.
[ The percentage of the shaded expenses to the total expenses will be calculated each year on the line
labeled “Percent Applicable to Cal Poly”.
\The five annual percentages will be totaled and then divided by five to determine the average
percentage of the rate applicable to Cal Poly, based on the five-year schedule of expenses. This is the
percentage of the Non-residential rate that will be charged to Cal Poly for the upcoming year. Each
year, the oldest year will be moved out of the schedule, the most recent audited fiscal year expenses
will be added and a new year of projected expenses will be added after which a new five year average
will be calculated. This “rolling average” will determine each new year’s ratio.
Formula: (3 most recent fiscal years audited expenses) + (1 current fiscal year projected expenses) +
(1 upcoming fiscal year projected expenses) divided by 5 = annual ratio
« The Non-Residential Water Rate itself will be set by the City Council each year.
DEFINITIONS:
Operations and Maintenance
The portion of the budget that pertains to daily operations and delivery of basic governmental services
related to provision of water service. The six water program budgets in the City’s financial plan form the
Water Fund’s operating budget.
Capital Outlay
The portion of the budget that pertains to maintaining or replacing existing public facilities and assets, and
for building or acquiring new ones as set forth in the City's capital improvement plan. For the purpose of the
Cal Poly ratio-setting model, any project that is debt-financed will not show in the Capital Outlay expense
category, it will show in the Debt Service category.
Debt Service
Payments of principal and interest on bonds and other debt instruments according to a pre-determined
schedule. Debt financed capital expenses are not included in the Capital Outlay category.
Source of Supply
Those water expenses directly related to the City’s water supply from Whale Rock, Salinas, and Nacimiento
Reservoirs, and recycled water. It also includes water conservation expenses, as this has been the key to
reducing City water demand, effectively creating more water by reducing the need to create additional water
supply. Development of new water supply projects fall into this category.
Distribution
The cost to deliver potable water from the Water Treatment Plant to customers and fire hydrants via the
distribution infrastructure.
Treatment
The cost to treat raw water from the City’s sources to meet potable water standards and deliver it into the
water distribution system.
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SCHEDULE A. WATER
Water Rate
Cal Poly State University
NOTE: Expenses applicable to Cal Poly’s water rate are shaded.
Water Rate Percentage for FY 2020-21 (5-year Average): 54+46+44+47+52 / 5 = 48%
Summary of Water Cost Components for 2017-18
Source
of Supply Treatment Distribution Total
Operation & Maintenance 9,126,710$ 4,107,968$ 3,454,283$ 16,688,961$
Capital Outlay 67,310$ 856,246$ 2,445,339$ 3,368,895$
Debt Service - 2006 WTP 1,033,548$ 1,033,548$
Debt Service - Other 525,457$ 569,600$ 65,427$ 1,160,484$
Total 9,719,477$ 6,567,362$ 5,965,049$ 22,251,888$
Total applicable to Cal Poly 5,997,762$ 5,965,049$ 11,962,811$
Percent applicable to Cal Poly 91% 100%54%
Summary of Water Cost Components for 2018-19
Source
of Supply Treatment Distribution Total
Operation & Maintenance 9,238,768$ 2,390,373$ 2,390,373$ 14,019,513$
Capital Outlay 50,385$ 1,053,014$ 2,141,604$ 3,245,003$
Debt Service - 2018 WTP (Refunded
2006 WTP)898,802$ 898,802$
Debt Service - Other 525,457$ 571,600$ 74,669$ 1,171,726$
Total 9,814,610$ 4,913,789$ 4,606,645$ 19,335,044$
Total applicable to Cal Poly 4,342,189$ 4,606,645$ 8,948,835$
Percent applicable to Cal Poly 88% 100%46%
Summary of Water Cost Components for 2019-20
Source
of Supply Treatment Distribution Total
Operation & Maintenance 11,165,554$ 4,121,628$ 3,596,769$ 18,883,952$
Capital Outlay 305,157$ 856,246$ 2,141,604$ 3,303,008$
Debt Service - 2018 WTP 883,900$ 883,900$
Debt Service - Other 2,960,804$ 567,800$ 28,111$ 3,556,715$
Total 14,431,515$ 6,429,575$ 5,766,484$ 26,627,575$
Total applicable to Cal Poly 5,861,775$ 5,766,484$ 11,628,259$
Percent applicable to Cal Poly 91% 100%44%
Summary of Water Cost Components for 2020-21
Source
of Supply Treatment Distribution Total
Operation & Maintenance 11,078,031$ 4,821,694$ 2,808,168$ 18,707,892$
Capital Outlay 1,215,505$ 229,149$ 2,556,663$ 4,001,318$
Debt Service - 2018 WTP 892,300$ 892,300$
Debt Service - Other -$ 568,400$ 28,410$ 596,810$
Total 12,293,536$ 6,511,543$ 5,393,241$ 24,198,320$
Total applicable to Cal Poly 5,943,143$ 5,393,241$ 11,336,384$
Percent applicable to Cal Poly 91% 100% 47%
Summary of Water Cost Components for 2021-22
Source
of Supply Treatment Distribution Total
Operation & Maintenance 10,246,096$ 4,339,308$ 3,800,232$ 18,385,635$
Capital Outlay 150,000$ 232,003$ 1,945,181$ 2,327,184$
Debt Service - 2018 WTP 889,700$ 889,700$
Debt Service - 2019 WTP 958,524$ 958,524$
Debt Service - Other -$ 573,200$ 28,747$ 601,947$
Total 10,396,096$ 6,992,735$ 5,774,160$ 23,162,991$
Total applicable to Cal Poly 6,419,535$ 5,774,160$ 12,193,695$
Percent applicable to Cal Poly 52%
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SCHEDULE B. SEWER
Steps to setting Cal Poly’s appropriate share of the Non-Residential Sewer Rate
X Annually the City shall prepare a rolling five-year schedule of expenses related to the City’s provision
of wastewater service. The schedule will include actual expenses for the three most recent audited
fiscal years and projected expenses for both the current and next fiscal year.
Y These expenses shall be divided appropriately according to operational, capital or debt service. Each
of these categories will be further divided according to whether it is a collection, pretreatment, or a
treatment expense. The information for each year will be shown in a matrix, at the bottom and right of
which will appear the totals for that row and that column.
Z Expenses applicable to Cal Poly will be shaded.
[ The percentage of the shaded expenses to the total expenses will be calculated each year on the line
labeled “Percent Applicable to Cal Poly”.
\ The five annual percentages will be totaled and then divided by five to determine the average
percentage of the rate applicable to Cal Poly, based on the five-year schedule of expenses. This is the
percentage of the Non-residential rate that will be charged to Cal Poly for the five-year period.
Formula: (3 most recent fiscal years audited expenses) + (1 current fiscal year projected expenses) +
(1 upcoming fiscal year projected expenses) divided by 5 = annual ratio
« The Non-Residential Sewer Rate itself will be set by the City Council each year.
DEFINITIONS
Operations and Maintenance
The portion of the budget that pertains to daily operations and delivery of basic governmental services. The
four sewer program budgets in the City’s financial plan form the Sewer Fund’s operating budget.
Capital Outlay
The portion of the budget that pertains to maintaining or replacing existing public facilities and assets, and
for building or acquiring new ones as set forth in the City's capital improvement plan. For the purpose of the
Cal Poly ratio-setting model, any project that is debt-financed will not show in the Capital Outlay expense
category, it will show in the Debt Service category.
Debt Service
Payments of principal and interest on bonds and other debt instruments according to a pre-determined
schedule. Debt financed capital expenses are not included in the Capital Outlay category.
Collection
Those sewer expenses directly related to the collection and transportation of wastewater from its various
sources to the Water Resource Recovery Facility.
Pretreatment
The cost of the program whose goal is to prevent toxic waste from entering the wastewater collection system
at non-residential and industrial sources.
Treatment
The cost to treat and dispose of municipal wastewater. All disposal must strictly comply with the State
Health and Regional Water Quality board’s requirements for discharge into San Luis Obispo Creek or
disposal of biosolids.
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SCHEDULE B. SEWER
Sewer Rate
Cal Poly State University
NOTE: Expenses applicable to Cal Poly’s sewer rate are shaded.
Sewer Rate Percentage for FY 2020-21 (5-year Average): 100+100+100+100+100 / 5 = 100%
Summary of Sewer Cost Components for 2017-18
Collection Pretreatment Treatment Total
Operations and Maintenance 1,428,200 366,300 5,917,900 7,712,400
Capital Outlay - Adjusted 1,790,400 0 7,075,500 8,865,900
Debt Service - Prepaid 0
Debt Service - Other 782,950 0 618,363 1,401,313
Total 4,001,550 366,300 13,611,763 17,979,613
Percent Applicable to Cal Poly 22% 2% 76% 100%
Summary of Sewer Cost Components for 2018-19
Collection Pretreatment Treatment Total
Operations and Maintenance 1,751,800 421,300 7,157,700 9,330,800
Capital Outlay - Adjusted 4,058,800 0 3,515,700 7,574,500
Debt Service - Prepaid 0 0 0 0
Debt Service - Other 780,505 0 618,177 1,398,682
Total 6,591,105 421,300 11,291,577 18,303,982
Percent Applicable to Cal Poly 36% 2% 62% 100%
Summary of Sewer Cost Components for 2019-20
Collection Pretreatment Treatment Total
Operations and Maintenance 1,549,100 409,600 6,381,500 8,340,200
Capital Outlay - Adjusted 1,065,700 35,500 497,300 1,598,500
Debt Service - Prepaid 0 0 0 0
Debt Service - Other 737,011 0 618,177 1,355,188
Total 3,351,811 445,100 7,496,977 11,293,888
Percent Applicable to Cal Poly 30% 4% 66% 100%
Summary of Sewer Cost Components for 2020-21
Collection Pretreatment Treatment Total
Operations and Maintenance 1,639,600 402,700 6,603,500 8,645,800
Capital Outlay - Adjusted 2,479,800 0 300,500 2,780,300
Debt Service - Prepaid 00
Debt Service - Other 739,468 617,787 1,357,255
Total 4,858,868 402,700 7,521,787 12,783,355
Percent Applicable to Cal Poly 38% 3% 59% 100%
Summary of Sewer Cost Components for 2021-22
Collection Pretreatment Treatment Total
Operations and Maintenance 1,639,100 401,300 6,773,300 8,813,700
Capital Outlay - Adjusted 8,135,759 0 55,000 8,190,759
Debt Service - WRRF 00
Debt Service - Other 736,576 617,584 1,354,161
Total 10,511,435 401,300 7,445,884 18,358,620
Percent Applicable to Cal Poly 57% 2% 41% 100%
WRRF Construction Costs Begin
WRRF Debt Service Begins
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AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
THE BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY
REGARDING CAPACITY INTEREST IN THE WATER AND SEWER SYSTEMS
THIS AGREEMENT, dated ________________________________ by and between the
CITY OF SAN LUIS OBISPO, CALIFORNIA (hereinafter referred to as "City"), and the
BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY (hereinafter
referred to as "University").
WITNESSETH:
WHEREAS, the City and the University entered into a Memorandum of
Understanding on March 17, 2020 agreeing to address a series of water and sewer
objectives by agreement including fair share contributions to the City’s Water Treatment
Plant and Water Resource Recovery Facility; and
WHEREAS, the City and the University have a long-standing relationship
participating on the Whale Rock Commission related to the operation of Whale Rock
Reservoir,
WHEREAS, the City and the University also have a long relationship with regard
to the City’s Water Treatment Plant, Wastewater Collection System, and Water Resource
Recovery Facility; and
WHEREAS, it is the desire of both parties to continue that relationship; and
WHEREAS, the City is upgrading both its Water Treatment Plant and Water
Resource Recovery Facility; and
WHEREAS, the University is interested in maintaining a capacity interest in the
City's Water Treatment Plant and Water Resource Recovery Facility; and
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto
agree as follows:
1. WATER SYSTEM
It is agreed that the University will maintain its capacity interest in the City’s Water
Treatment Plant equivalent to a maximum of 1,000 acre-feet per year at a daily volume
not to exceed 893,000 gallons daily, and not to exceed a peak day maximum flow rate
of 1.44 million gallons daily (mgd).
A. Water Treatment Plant
The City’s Water Energy Efficiency project at its Water Treatment Plant will ensure
continuing compliance with drinking water quality regulations as well as modernize certain
components of the facility. The University agrees to pay the percentage obtained by the
division of 1.44 mgd (University's maximum flow rate) by 16.0 mgd (total maximum daily
plant flow rate), or 9.0 percent, of the total project cost. The cost to the University for
project design totals $261,180 and will be charged during the 2020-21 fiscal year. The
construction cost to the University is $1,548,180 plus 2.5 percent annual interest for a
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term not to exceed 20 years which will be finalized by letter when project construction is
complete, subject to the total contribution ceiling noted in paragraph three of this
agreement. The estimated annual payment is $86,267.16 for 20 years beginning in the
2021-22 fiscal year. The City will communicate with Cal Poly on future terms when
refinancing or prepaying debt.
B. Water Distribution System and Treated Water Storage
As of 2021, the University has not purchased a capacity interest in the City’s water
distribution or treated water storage system outside of the Water Treatment Plant. Prior to
the University adding demand to the City’s water distribution or treated water storage
system, the University will identify water service needs, design, and construct necessary
pipelines and storage, including University capital contributions to City systems, to
mitigate all impacts to the City’s water distribution or treated water storage system. New
service cannot be provided to the University that could adversely affect downstream City
customers.
2. SEWER SYSTEM
It is agreed that the University will maintain its capacity interest in the City’s Water Resource
Recovery Facility equivalent to a total daily volume of 0.471 mgd. The University’s current
capacity interest in the wastewater collection system is a peak flow rate of 833 gallons per
minute (1.2 mgd), required due to infiltration and inflow and wet weather peak flows.7
A. Water Resource Recovery Facility
The upgrades to the Water Resource Recovery Facility are mandatory to meeting
regulatory discharge requirements. The total daily flow capacity of the plant will expand
from 5.1 mgd to 5.4 mgd. The University agrees to pay the percentage obtained by the
division of 0.471 mgd (University's interest) by 5.1 mgd (existing plant capacity), or 9.24
percent, or by the division of 0.471 (University’s interest) by 5.4 mgd (future plant capacity),
or 8.72 percent, of the total project cost, as detailed in Attachment 1. The cost to the
University for project design totals $730,704. The City will charge the University $243,568
over three consecutive fiscal years beginning in the 2020-21 fiscal year to cover the
University’s share of the design costs. The estimated construction cost to the University
is $13,997,193 plus 1.8 percent annual interest for a term not to exceed 30 years, which
will be refined upward or downward by letter when project construction is complete,
subject to the total contribution ceiling noted in paragraph three of this agreement. The
estimated annual payment is $472,533.97 for 30 years beginning in the 2023-24 fiscal
year. The City will communicate with Cal Poly on future terms when refinancing or
prepaying debt.
B. Wastewater Collection System
No upgrades are planned at this time to the relief sewer main (i.e., sewer interceptor),
therefore, there is no additional cost at this time for the University to maintain its capacity
interest in the City’s wastewater collection system at the peak flow rate of 1.2 mgd level.
7 The University’s total daily flow capacity to the City’s Water Resource Recovery Facility (0.471 million gallons daily) is
measured over a 24-hour period (a calendar day). The University’s peak flow rate to the City’s Wastewater Collection
System (1.2 million gallons daily) is the highest recorded flow rate allowed under this Agreement.
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3. RECEIPT OF FUNDS
To maintain a capacity interest in the City's Water Treatment Plant and Water Resource
Recovery Facility, the University's contribution for the construction will not exceed
$15,545,373 plus applicable financing. Exercising this option will be reflected in the
percentage ratio of the non-residential rate structure as set forth in the Agreement between
the City and the University regarding water and sewer rates following execution of this
Agreement regarding capacity interest. The adjusted water ratio is described in Exhibit A
of that Agreement; and the adjusted sewer ratio is described in Exhibit B of that
Agreement.
4. NOTICE
All notices related to this agreement shall be in writing and addressed as follows:
University:
Dennis Elliot, Interim Associate Vice President
City:
Aaron Floyd, Utilities Director
Facilities & Development
Cal Poly State University
San Luis Obispo, CA 93407
City of San Luis Obispo
879 Morro Street
San Luis Obispo, CA 93401
Dru Zachmeyer, Assistant Vice President
Strategic Business Services
Administration & Finance
Cal Poly University
San Luis Obispo, CA 93407
5. AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated Agreement between the City and the
University, and supersedes all prior negotiations, representations, or Agreements, either
written or oral, except as described the 2021 Memorandum of Understanding by and
between the parties. This document may be amended only by written instrument, signed
by both City and University. All provisions of this Agreement are expressly made
conditions. This Agreement shall be governed by the laws of the State of California.
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IN WITNESS WHEREOF, CITY and UNIVERSITY have executed this Agreement the day
and year first above written.
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
, By: ,
Teresa Purrington, City Clerk Derek Johnson, City Manager
APPROVED AS TO FORM:
_________________________,
J. Christine Dietrick, City Attorney
CONCUR: UNIVERSITY:
__________________________, By: ______________________________,
Dennis Elliot, Director Dru Zachmeyer,
Interim Associate Vice President Assistant Vice President
Facilities Management & Development Strategic Business Services
Administration & Finance
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ATTACHMENT 1: 2021 Water Resource Recovery Facility Project Cost
Facility ID Description Capacity
Related A Estimated Cost B Capacity
Percentage C Cal Poly Share D Cal Poly Share +
Contingency E
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Total Construction Cost F $110,856,024.40 $9,939,557.82 $10,933,514
Program Soft Costs G $30,989,858.00 9.24% $2,863,462.88 $3,063,679
$12,803,021 $13,997,193
ATTACHMENT 2: 2021 Water Energy Efficiency Project
Design WTP Backup
Generator
Construction
Total Cost
Total Project Cost $ 902,000 $ 2,000,000 $ 14,300,000 $ 17,202,000
Cal Poly Share (9.0%) $ 81,180 $ 180,000 $ 1,287,000 $ 1,548,180
City Share (91.0%) $ 820,820 $ 1,820,000 $ 13,013,000 $ 15,653,820
DocuSign Envelope ID: 8B4520D0-4D52-43A9-96BE-665D7C6F50AD
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2021 MEMORANDUM OF UNDERSTANDING (“MOU”) BETWEEN
THE CITY OF SAN LUIS OBISPO (“City”) AND THE BOARD OF TRUSTEES OF
THE CALIFORNIA STATE UNIVERSITY (“University”)
REGARDING CAPACITY INTEREST IN CITY FACILITIES
This MOU was made by and between the City and the University on _________________.
Recital
This MOU documents the University’s capacity interest (referenced in prior agreements
as an “equity interest”) in the City’s Water Treatment Plant, potable water distribution
system and treated water storage, wastewater collection system and wastewater
treatment facility (Water Resource Recovery Facility or WRRF). This 2021 MOU replaces
prior agreements regarding the University’s capacity interest in City facilities including the
May 1, 2007 MOU, and the 1993 Agreement between the City of San Luis Obispo and
California Polytechnic State University Regarding Water and Sewer Rates dated January
5, 1993, exhibit A, the Agreement between the City of San Luis Obispo and California
Polytechnic State University Regarding Optional Equity Interest in the Water and Sewer
Systems dated January 5, 1993, exhibit B, and the Memorandum of Understanding
between the City of San Luis Obispo and California Polytechnic State University dated
January 6, 1993, exhibit C.
Capacity
The City and University agree to communicate in the planning of its facilities to ensure
that adequate capacity in the City’s Water Treatment Plant, potable water distribution
system, treated water storage system, wastewater collection system, and wastewater
treatment facility (Water Resource Recovery Facility) is available to meet the University’s
current and projected needs. The University agrees to provide the City with its
development, demand, and population projections annually in its partnership meetings1
which shall include an analysis of the University’s water treatment, potable water
distribution and storage system, and wastewater collection system and treatment
capacity needs as planned and projected for the next five years. The City shall consider
the University’s projections in its own master planning to better understand the
University’s capacity needs in future facility upgrades and expansions.
Capacity Interest
The University maintains a capacity interest2 in the City’s Water Treatment Plant,
wastewater collection system, and Water Resource Recovery Facility to serve current
and projected University needs. The University has done so by financially participating in
required facility upgrades and expansions via capital contribution based on the
University’s desired capacity percentage share of the facilities. Maintenance of said
capacity interest, through fair share capital contributions, ensures that the City maintain
available capacity to serve the University’s needs up to the amount of the capacity
interest. As set forth in the 2021 Water and Sewer Rate Agreement, these capital
contributions are reflected in the University’s water and sewer rates.
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The University’s capacity interest in the City’s Water Treatment Plant shall be calculated
as 1,000 acre-feet annually (893,000 gallons daily; peak day maximum flow rate of 1.44
million gallons). As the City’s Water Treatment Plant can treat up to 16 million gallons
daily, the University’s capacity share is 9.0 percent of the facility. Maintenance of this
capacity interest is subject to future capital contributions at 9.0 percent under separate
agreement.
As of 2021, the University has not purchased a capacity interest in the City’s wa ter
distribution or treated water storage system outside of the Water Treatment Plant. Prior
to the University adding demand to the City’s water distribution or treated water storage
system, the University will identify water service needs, design, and construct necessary
pipelines and storage, including University capital contributions to City systems, to
mitigate all impacts to the City’s water distribution or treated water storage system. New
service cannot be provided to the University that could adversely affect downstream City
customers.
With prior payments to the City in 1993, the University’s capacity interest in the City’s
wastewater collection system is a peak flow rate of 1.2 million gallons per day.
Maintenance of this capacity interest is subject to future capital contributions.
With prior payments to the City in 1993, the University’s capacity interest in the City’s
Water Resource Recovery Facility shall be calculated as a maximum totalized dry
weather flow of 0.471 million gallons per day3. As the City’s Water Resource Recovery
Facility can discharge up to 5.1 million gallons of treated effluent daily (up to 5.4 million
gallons daily in 2022), the University’s capacity share is 9.24 percent of the facility
(reducing to 8.72 percent in 2022). Maintenance of this capacity interest is subject to
future capital contributions at 8.72 percent under separate agreement.
Authority to Execute Memorandum of Understanding
Both the City and University agree that each individual executing this MOU on behalf of
each party is a person duly authorized and empowered to execute agreements for such
party.
The parties hereto have caused this MOU to be executed the day and year first above
written.
UNIVERSITY CITY OF SAN LUIS OBISPO,
A Municipal Corporation
By: By :
Dru Zachmeyer, Assistant Vice President Derek Johnson, City Manager
Strategic Business Services
1 The Annual Partnership Meeting between the City and the University is defined in Part 4 of the “Agreement Between
the City of San Luis Obispo and the Board of Trustees of the California State University Regarding Water and Sewer
Rates” executed in 2021.
2 Terms related to University capacity in the City’s water and sewer systems are defined in the “Agreement Between
the City of San Luis Obispo and the Board of Trustees of the California State University Regarding Capacity Interest
in the Water and Sewer Systems” executed in 2021.
3 In the City of San Luis Obispo, dry weather wastewater flows occur between April and November. Wet weather
flows occur from December through March.
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FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE BOARD OF TRUSTEES OF THE CALIFORNIA STATE
UNIVERSITY REGARDING WATER AND SEWER RATES (“Agreement”)
THIS FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND THE BOARD OF TRUSTEES OF THE CALIFORNIA STATE
UNIVERSITY REGARDING WATER AND SEWER RATES (“Agreement”) is made and
entered in the City of San Luis Obispo on ____________________________, by and between the
CITY OF SAN LUIS OBISPO, CALIFORNIA (hereinafter referred to as “City”), and BOARD OF
TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY (hereinafter referred to as
“University”).
WITNESSETH:
WHEREAS, on April 29, 2021, the City entered into the Agreement with the University to
address a series of water and sewer objectives by agreement; and
WHEREAS the Agreement is set to remain in place until June 30, 2025; and
WHEREAS the City and University are actively working on negotiating a new agreement
and both parties desire to extend the term of the current Agreement as stipulated below while these
negotiations take place.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. The Agreement shall be extended and remain in effect until June 30, 2026.
2. Additional extensions of the Agreement may be authorized in writing by the City of
San Luis Obispo City Manager and Cal Poly Cal Poly Vice President of Strategic
Business Services, not to exceed a total of three years (up until June 30, 2028).
3. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, this First Amendment is executed on the date above stated, at
San Luis Obispo, California.
Page 47 of 603
CITY OF SAN LUIS OBISPO UNIVERSITY
Whitney McDonald, City Manager Dru Zachmeyer, Assistant Vice President
Strategic Business Services
Administration & Finance
ATTEST CONCUR
Teresa Purrington, City Clerk Mike McCormick, Vice President
Facilities Management & Development
Administration & Finance
APPROVED AS TO FORM:
J. Christine Dietrick, City Attorney
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