1 1 2 *1 01 (R-20 26-494) RESOLUTION NUMBER R- 316830 DATE OFFIN AL PASSAGE JUN 1 8 20 26 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN DIEGO AUTHORIZING THE MAYOR TO EXECUTE THE WATER RIGHTS AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF POWAY AND RELATED ACTIONS. RECITALS The Council of the City of San Diego (Council) adopts this Resolution based on the following: A. The City of San Diego owns multiple dams and reservoirs within the County of San Diego and holds water rights to the inflow and runoff at certain reservoirs.

The Public Utilities Department (PUD) manages the City's water storage and accounts for the inflow and runoff of water into the City's reservoirs. B. On October 23, 1968, the City entered into an agreement with the City of Poway (Poway) after a dispute arose when Poway began diverting water inflow otherwise intended for Lake Hodges and owned by the City. The agreement recognized the City's prior rights to the inflow and required Poway to compensate the City for diverted inflow (1968 Agreement). C.

The 1968 Agreement was last enforced in 1993 and needs to be updated to reflect current and future reservoir operations, including potential changes to the Hodges Dam. D. PUD is requesting approval of an agreement replacing the 1968 Agreement in which Poway will provide compensation to the City for diverted water and maintain a meter measuring the amount of water diverted (Agreement). E. Poway also agrees to pay the City $534,266 to satisfy the back-owed amounts diverted under the 1968 Agreement for years 20 17 through 20 25. -PAGE 1 OF 3-

(R-20 26-494) F. The City agrees to reduce Poway's future amounts owed should water be released at the Hodges reservoir due to state-mandated dam elevation restrictions for a period not to exceed ten years or a new or rehabilitated dam is completed, whichever occurs first. G. On April 21,20 26, Poway City Council approved the Agreement and authorized the payment of $534,266 to the City. H. The Office of the City Attorney prepared this Resolution based on the information provided by City staff (including information provided by affected third parties and verified by City staff), with the understanding that this information is complete and accurate. ACTION ITEMS

Be it resolved by the Council of the City of San Diego: 1. The Council authorizes the Mayor, or designee, to execute the Agreement with Poway for the City to receive annual compensation related to the diversion of water inflow at Hodges Dam and impounded by Poway. When signed by both parties, the Agreement will be placed on file in the Office of the City Clerk as Document No. RR- 316830 2. The Chief Financial Officer is authorized to accept, record, and deposit revenue due from Poway in the amount of $534,266, into the Water Utility Operating Fund 70 0 011, in satisfaction of the water diverted from 20 17 to 20 25 under the 1 968 Agreement. -PAGE 2 OF 3-

(R-20 26-494) 3. The Chief Financial Officer is authorized to accept, record, and deposit any future revenue due the City from Poway to the Water Utility Operating Fund 70 0 0 11 or other appropriate water fund account. APPROVED: HEATHER FE J ti Edward Stanek eputy C ity A ttorney JES:cw May 26,20 26 Or.Dept: Public Utilities CC No.: N/A Doc. No.: 4441518 I certify that the Council of the City of San Diego adopted this Resolution at a meeting held on JU N 1 6 20 3 6 DIANA J.S. FUENTES City Clerk B y 4(/¥4L ÊÝ 1 4 llá Lbeputy City erk Approved: 6 (1 6 Ér- (date) > TODD G], Mayor Vetoed: (date) TODD GLORIA, Mayor -PAGE 3 OF 3-

JU N 1 620 26 , by the following vote: Passed bythe Council of The City of San Diego on Councilmembers Yeas NaysNot PresentRecused Joe LaCava Jennifer Campbell Stephen Whitburn Henry L. Foster 1 1 1 Marni von Wilpert Kent Lee Raul A. Campillo Vivian Moreno Sean Elo-Rivera 0 í [f 0 Date of final passage JUN 1 8 20 26 (Please note: When a resolution is approved by the Mayor, the date of final passage is the date the approved resolution was returned to the Office of the City Clerk.) AUTHENTICATED BY: TODD GLORIA Mayor of The City of San Diego, California. (Seal) DIANA I.S.

FUENTES City Clerk of The City of San Diego, California. By , Deputy Office of the City Clerk, San Diego, California R esolution N umber R - 3 168 3 0