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Home My WebLink About2023-05-04 - Board of Directors Meeting Agenda PacketYorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, May 4, 2023, 3:00 PM 1717 E Miraloma Ave, Placentia CA 92870 1. PARTICIPATION INSTRUCTIONS This meeting will be held in person. For public convenience, the meeting can also be accessed via internet-based service or telephone as indicated below. For questions regarding participation, please call the Board Secretary at (714) 701-3020. Computer/Mobile Device: https://us06web.zoom.us/i/88918898130 Telephone: (669) 444-9171 or (669) 900-6833 Meeting ID: 889 1889 8130 2. CALL TO ORDER 3. PLEDGE OF ALLEGIANCE C :T9 MOT_1" Brett R. Barbre, President Trudi DesRoches, Vice President Phil Hawkins, Director Tom Lindsey, Director J. Wayne Miller, PhD, Director 5. ADDITIONS/DELETIONS TO THE AGENDA Items may be added to the agenda upon determination by a two-thirds vote of the Board, or a unanimous vote if only three Directors are present, that there is a need to take immediate action which came to the District's attention subsequent to the agenda being posted. (GC 54954.2(b)(2)) 5.1. AB 2449 Teleconference Requests 6. INTRODUCTIONS AND PRESENTATIONS 6.1. Elected Official Liaison Reports 7. PUBLIC COMMENTS Any individual wishing to address the Board (or Committee) is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to three minutes and must be related to matters of public interest within the jurisdiction of the Water District. (GC 54954.3) 8. CONSENT CALENDAR All items on the consent calendar are considered routine and may be approved by a single motion. There will be no discussion of these items unless a member of the Board, staff, or public requests separate consideration. 8.1. Minutes of the Board of Directors Meetings Held April 6 - April 20, 2023 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Payments of Bills, Refunds, and Wire Transfers Page 1 of 156 Recommendation. That the Board of Directors ratify and authorize disbursements in the amount of $3,673,917.63 8.3. Cash and Investment Report for the Month Ended March 31, 2023 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Period Ended March 31, 2023. 8.4. Unaudited Financial Statements for the Third Quarter of Fiscal Year 2022-23 Recommendation. That the Board of Directors receive and file the Unaudited Financial Statements for the Third Quarter of Fiscal Year 2022-23. 8.5. Directors and General Manager Fees and Expenses Report for the Third Quarter of Fiscal Year 2022-23 Recommendation. That the Board of Directors receive and file the Directors' and General Manager Fees and Expenses Report for the Third Quarter of Fiscal Year 2022-23. 8.6. Ratifying Revised Budgeted Positions for the Remainder of Fiscal Year 2022-23 and Amending Exhibits in the Personnel Manual for Unrepresented Employees and Yorba Linda Water District Employees Association Memorandum of Understanding Recommendation: That the Board of Directors adopt Resolution No. 2023 -XX: (1) ratifying amendments to the budgeted positions for the remainder of Fiscal Year 2022-23; (2) amending Exhibit A of the Personnel Manual for Unrepresented Employees for Fiscal Years 2019-2023; and (3) amending Exhibit A of the Yorba Linda Water District Employees Association Memorandum of Understanding for Fiscal Years 2019-2023. 8.7. Declaration of Restrictive Covenants with the Property Owners of 4242 Avocado Avenue, Yorba Linda Recommendation: That the Board of Directors authorize the Board President and General Manager to execute a Declaration of Restrictive Covenants with the property owners of 4242 Avocado Avenue, Yorba Linda. 9. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board (or Committee) discussions are needed prior to formal action. 9.1. Positions on Federal Legislation Recommendation: That the Board of Directors consider taking positions on the following legislation: HR 872 - Federally Integrated Species Health (FISH) Act; and HR 215 - Working to Advance Tangible and Effective Reforms (WATER) for California Act. 10. DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board (or Committee) at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking advice and counsel. Time permitting, it is generally in the District's interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. 10.1. Status of Investments Held in Public Agency Retirement Services (PARS) Section 115 Trust 11. REPORTS, INFORMATION ITEMS, AND COMMENTS Page 2 of 156 11.1. Director's Reports 11.2. General Manager's Report 11.3. General Counsel's Report 11.4. Future Agenda Items and Staff Tasks 12. COMMITTEE REPORTS 12.1. Interagency Committee with MWDOC and OCWD Miller/ DesRoches - Next meeting will be scheduled when needed. 12.2. Joint Agency Committee with City of Yorba Linda Lindsey / DesRoches - Next meeting is scheduled Monday, May 1, 2023 at 4:00 p.m. at YL City Hall. 12.3. Joint Agency Committee with City of Placentia Lindsey / DesRoches - Next meeting yet to be scheduled. 12.4. Joint Agency Committee with City of Brea Barbre / Lindsey - Initial meeting yet to be scheduled. 12.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District Barbre / Lindsey - Initial meeting is scheduled Wednesday, May 31, 2023 at 9:00 a.m. at YLWD. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from May 5 - May 31, 2023 14. ADJOURNMENT 14.1. A budget workshop meeting is scheduled Thursday, May 18, 2023 at 3:00 p.m. The next regular Board meeting is scheduled Thursday, June 1, 2023 at 3:00 p.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meetina Non-exempt materials related to open session agenda items that are distributed to a majority of the Board of Directors (or Committee Members) less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's Administrative building located at 1717 E Miraloma Ave, Placentia CA 92870 during regular business hours. When practical, these materials will also be posted on the District's website at https://ylwd.com/. (GC 54957.5) Accommodations for the Disabled Requests for disability -related modifications or accommodations, including auxiliary aids or services, required for participation in the above -posted meeting should be directed to the Board Secretary at (714) 701-3020 at least 24 hours in advance. (GC 54954.2(a)) Page 3 of 156 ITEM NO. 8.1. Yorba Linda Water District AGENDA REPORT MEETING DATE: May 4, 2023 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Minutes of the Board of Directors Meetings Held April 6 - April 20, 2023 RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: 1. Draft Minutes for April 6, 2023 Board Meeting 2. Draft Minutes for April 20, 2023 Board Meeting Page 4 of 156 1 E 3. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, April 6, 2023, 3:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 PARTICIPATION INSTRUCTIONS Were included on the agenda. CALL TO ORDER The meeting was called to order at 3:00 p.m. PLEDGE OF ALLEGIANCE Director Miller led the pledge. 4. ROLL CALL Pi 6. DIRECTORS PRESENT Brett R. Barbre, President Trudi DesRoches, Vice President Phil Hawkins Tom Lindsey J. Wayne Miller, PhD 2023 -XXX STAFF PRESENT Doug Davert, Assistant General Manager Gina Knight, Human Resources and Risk Manager Delia Lugo, Finance Manager Rosanne Weston, Engineering Manager John Brundahl, Production Superintendent Malissa Muttaraid, Interim Public Affairs Officer Vivian Lim, Human Resources Analyst Annie Alexander, Board Secretary ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP ADDITIONS/DELETIONS TO THE AGENDA Assistant General Manager Davert requested to defer the presentation for Item No. 10.1 to a future meeting as staff had received new information regarding the project. President Barbre stated that the presentation could be postponed, but that he would like to leave the item on the agenda for brief discussion. ACTION CALENDAR 6.1. Request for Concurring Nomination Resolution for Association of California Water Agencies (ACWA) President Minutes of the YLWD Board of Directors Regular Meeting Held April 6, 2023 at 3:00 p.m. Page 5 of 156 2023 -XXX Director Miller made a motion, seconded by Director DesRoches, to adopt Resolution No. 2023 -XX in support of the nomination of Cathy Green, President of OCWD, as a candidate for the position of ACWA President. Motion carried 5-0-0-0. 6.2. Positions on State Legislation Director Hawkins made a motion, seconded by Director Lindsey, to take the following positions on legislation: SUPPORT. AB 62 (Mathis - R) - Statewide water storage: expansion; AB 234 (Bauer -Kahan) - Microparticles; AB 246 (Pagan) - Menstrual products: perfluoroalkyl and poly-fluoroalkyl substances (PFAS); SB 23 (Caballero) - Water supply and flood risk reduction projects: expedited permitting; and SB 366 (Caballero) - Stakeholder advisory committee for California Water Plan. WATCH: AB 557 (Hart) - Open meetings: local agencies: teleconferences; and AB 1628 (McKinnor) - Microfiber filtration. OPPOSE: AB 838 (Connolly) - Water affordability and infrastructure; SB 3 (Dodd) - Discontinuation of residential water service: community water system; SB 48 (Becker) - Water usage data; and AB 1637 (Irwin) - Local governments: information security. NO ACTION: SB 414 (Allen) - Drought -tolerant landscaping: local incentive programs: synthetic grass: artificial turf. Motion carried 5-0-0-0. Staff will bring these bills back to the Board for reconsideration should there be substantial changes in the language. Staff will also schedule a presentation regarding switching to a .gov domain at a future Board meeting. Additionally, staff will work with Townsend Public Affairs to generate a matrix of key proposed legislation and positions taken by other relevant agencies. 6.3. Implementation of Assembly Bill 2449 Director Lindsey made a motion, seconded by Director Hawkins, to include means for remote public access on all meeting agendas as standard practice and have a standing item on the agenda titled "AB 2449 Teleconference Requests" for the Board to consider Directors' requests for remote participation for just cause or emergency circumstances. Motion carried 5-0-0-0. Minutes of the YLWD Board of Directors Regular Meeting Held April 6, 2023 at 3:00 p.m. 2 Page 6 of 156 2023 -XXX 7. INTRODUCTIONS AND PRESENTATIONS 7.1. Elected Official Liaison Reports Yorba Linda Mayor Gene Hernandez reported on the Yorba Linda First Responder's Breakfast, his attendance at a recent Water Education for Latino Leaders conference, delays with the widening of Bastanchury Road due to recent rainfall, and status of the Cielo Vista housing development project. Staff was tasked with working with the City of Yorba Linda to scheduled the next joint agency committee meeting and agendize discussion of the horsetrail project at Highland Reservoir. 8. PUBLIC COMMENTS None. 9. CONSENT CALENDAR Director Lindsey requested to remove Item No. 9.6. from the Consent Calendar for separate action. Director Miller also requested to remove Item No. 9.4. Director DesRoches made a motion, seconded by Director Hawkins, to approve the remainder of the Consent Calendar. Motion carried 5-0-0-0. 9.1. Minutes of the Board of Directors Meetings Held February 16 - March 16, 2023 Recommendation. That the Board of Directors approve the minutes as presented. 9.2. General Manager Attendance at American Academy of Water Resource Engineers (AAWRE) Diplomat Awards Ceremony Recommendation: That the Board of Directors approve the payment and/or reimbursement of fees and expenses for the General Manager's attendance at the AAWRE awards ceremony on Monday, May 23, 2023. 9.3. Payment of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $2,704,333.65. 9.5. Cash and Investment Reports for Month Ended February 28, 2023 Recommendation: That the Board of Directors receive and file the Cash and Investment Reports for the Period Ended February 28, 2023. Minutes of the YLWD Board of Directors Regular Meeting Held April 6, 2023 at 3:00 p.m. 3 Page 7 of 156 2023 -XXX 9.7. Change Order for Hidden Hills Booster Pump Station Upgrades Project Construction Contract Recommendation: That the Board of Directors authorize staff to issue a change order in the amount of $499,760 for the Hidden Hills Booster Pump Station Upgrades Project Construction Contract. 9.8. Notice of Exemption for Imperial Waterline Improvement Project Recommendation: That the Board of Directors consent to filling the Notice of Exemption (NOE) with the Orange County Clerk Recorder's Office for the Imperial Waterline Improvement Project. 9.9. Declaration of Restrictive Covenants with the Property Owners of 4732 Palm Avenue, Yorba Linda Recommendation: That the Board of Directors authorize the Board President and General Manager to execute a Declaration of Restrictive Covenants with property owners of 4732 Palm Avenue, Yorba Linda, subject to approval as to form by General Counsel. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 9.4. Budget to Actual Statements for the Month Ended February 28, 2023 Staff responded to questions from Director Miller regarding decreased water revenue in comparison to projections. Discussion regarding topics to be covered during the upcoming budget workshop were briefly discussed. Director Miller made a motion, seconded by Director Hawkins, to receive and file the Budget to Actual Reports for the Month Ended February 28, 2023. Motion carried 5-0-0-0. 9.6. Award of Construction Contract for Mountain View Waterline Replacement Project Staff responded to questions from Director Lindsey regarding the age of the waterline. Director Lindsey made a motion, seconded by Director Director DesRoches, to award the Construction Contract for the Mountain View Waterline Replacement Project to GCI Construction, Inc. for $745,325.00, Job No. J- 2022-48. Motion carried 5-0-0-0. Minutes of the YLWD Board of Directors Regular Meeting Held April 6, 2023 at 3:00 p.m. 4 Page 8 of 156 2023 -XXX 10. DISCUSSION ITEMS 10.1. Helicopter Hydrant Project at Robert B. Diemer Water Treatment Plant This presentation was deferred to the next regular Board meeting. Discussion touched on use of the term "heli -hydrant" versus "helicopter" hydrant. It was the consensus of the Board to refer to the Marc Marcantonio and Wells Fargo facilities as "heli -hydrants" followed by the trademark symbol in written materials. Future facilities will be referred to as "helicopter" hydrants if non- proprietary equipment is used in the construction. Discussion also touched on Brown Act requirements related to a majority of the Board participating in facility inspection tours. 11. REPORTS, INFORMATION ITEMS, AND COMMENTS 11.1. Director's Reports The Director's reported on their attendance at the listed events. Director Lindsey invited the Board to an upcoming energy policy conference. 11.2. General Manager's Report General Manager Mark Toy's report was included in the agenda packet. 11.3. General Counsel's Report None. 11.4. Future Agenda Items and Staff Tasks President Barbre inquired as to the status of multiple due outs and included in the General Manager's report and scheduled agenda items. Staff was tasked with providing a list of Board approved contracts over $75K including the total amounts and terms. 12. COMMITTEE REPORTS 12.1. Interagency Committee with MWDOC and OCWD Miller / DesRoches - Next meeting will be scheduled when needed. 12.2. Joint Agency Committee with City of Yorba Linda Lindsey / DesRoches - Next meeting yet to be scheduled. 12.3. Joint Agency Committee with City of Placentia Lindsey / DesRoches - Next meeting yet to be scheduled. Minutes of the YLWD Board of Directors Regular Meeting Held April b, 2023 at 3:00 p.m. 5 Page 9 of 156 2023 -XXX 12.4. Joint Agency Committee with City of Brea Barbre / Lindsey - Initial meeting yet to be scheduled. 12.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District Barbre / Lindsey - Initial meeting is scheduled Wednesday, May 31, 2023 at 9:00 a.m. at YLWD 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1 Meetings from April 7, 2023 - May 31, 2023 14. CLOSED SESSION The Board entered Closed Session at 5:08 p.m. 14.1. Conference with Legal Counsel - Existing Litigation Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California Government Code Name of Case: Irvine Ranch Water District v. Orange County Water District, et al. (Los Angeles County Superior Court - Case No. BS 168278) 14.2. Conference with Legal Counsel - Anticipated Litigation Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: One The Board returned from closed session at 5:57 p.m. 15. REPORT FROM CLOSED SESSION No reportable action was taken during Closed Session. 16. ADJOURNMENT 16.1. The meeting was adjourned at 5:57 p.m. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held April 6, 2023 at 3:00 p.m. 6 Page 10 of 156 1 E 3. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, April 20, 2023, 3:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 PARTICIPATION INSTRUCTIONS Were provided on the agenda. CALL TO ORDER The meeting was called to order at 3:00 p.m. PLEDGE OF ALLEGIANCE President Barbre led the pledge. 4. ROLL CALL E DIRECTORS PRESENT Brett R. Barbre, President Trudi DesRoches, Vice President Phil Hawkins (Arrived at 3:01 p.m.) Tom Lindsey J. Wayne Miller, PhD (Arrived at 3:02 p.m.) 2023 -XXX STAFF PRESENT Mark Toy, General Manager Doug Davert, Assistant General Manager John DesCriscio, Operations Manager Gina Knight, Human Resources/Risk Manager Delia Lugo, Finance Manager Rosanne Weston, Engineering Manager Paige Appel, Budget Analyst Malissa Muttaraid, Interim Public Affairs Officer Sophia Phuong, Accounting Supervisor Veronica Ortega, Assist Board Secretary ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP ADDITIONS/DELETIONS TO THE AGENDA None. General Manager Toy noted that supplemental material for Item No. 9.1. had been distributed to the Board and made available to the public. 5.1. AB 2449 Teleconference Requests None. Minutes of the YLWD Board of Directors Regular Meeting Held April 20, 2023 at 3:00 p.m. Page 11 of 156 2023 -XXX 6. PUBLIC COMMENTS Al Nederhood, resident, remarked on comments made by Yorba Linda Mayor Gene Hernandez at a previous Board meeting and materials in the agenda packet for this meeting. He then held a sign associated with the November 2022 election. 7. CONSENT CALENDAR 7.1. Award of Construction Contract for Imperial Waterline Improvement Project Director Barbre made a motion, seconded by Director Hawkins, to award the Construction Contract for the Imperial Waterline Improvement Project to T.E. Roberts, Inc. for $2,909,333, Job No. J-2021-46. Motion carried 5-0-0-0. 8. ACTION CALENDAR 8.1. Fiscal Year 2022-23 Compensation Study Consideration of this item will be deferred to the May 18, 2023 Board meeting. Individual Directors will submit their related questions directly to General Manager Toy by May 4, 2023 in preparation for discussion at that meeting. 9. DISCUSSION ITEMS 9.1. Draft Budget for Fiscal Year 2023-24 (Updated Operating Variable Expenses and Revenues, Proposed Water/Sewer Service Rates, Proposed Salaries and Benefits, Debt Service Ratio, and Other Key Updates) Discussion touched on the updated proposed budget for revenue, planning for potential decreased water sales, proposed rates, and the effect on an average customer's monthly bill. Also discussed was the updated proposed budget for variable costs, multiple water production and demand scenarios, the updated proposed budget for supplies and services. Staff then presented the proposed budget for salary related expenses, projected debt service ratio, follow up items from the previous budget workshop, financial summaries of the overall proposed budget, and the proposed budget for capital improvement projects. The Board provided direction to staff regarding the financial scenario for continued work on the draft budget. 9.2. Updated Proposed Water/Sewer Development Fees for Fiscal Year 2023-24 Discussion centered on the updated proposed fees including the addition of illegal system connection fees and the removal of meter size change fees. Also discussed was the updated proposed developer system reimbursement program based on a 15 -year time period. Minutes of the YLWD Board of Directors Regular Meeting Held April 20, 2023 at 3:00 p.m. 2 Page 12 of 156 2023 -XXX President Barbre requested staff coordinate filing an amicus brief should the case between the California Restaurant Association and the City of Berkley be appealed to the Supreme Court. He also requested a future agenda item for the Board to consider taking a support position on H.R.872 the FISH Act and H.R.215 the WATER for California Act. Director Hawkins requested staff inquire as to the status of the Lakeview Senior Living housing development. 10. CLOSED SESSION The Board entered closed session at 5:59 p.m. 10.1. Conference with Legal Counsel- Existing Litigation Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California Government Code Name of Case: David and Christy Busk vs. YLWD (Orange County Superior Court - Case No. 30-2022-01274513-CU-EI-CXC) 10.2. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representative: General Manager Employee Organization: Yorba Linda Water District Employees Association 10.3. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: One The Board returned from closed session at 8:37 p.m. 11. REPORT FROM CLOSED SESSION No reportable action was taken during closed session. 12. ADJOURNMENT 12.1. The meeting was adjourned at 8:37 p.m. Veronica Ortega Assistant Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held April 20, 2023 at 3:00 p.m. 3 Page 13 of 156 ITEM NO. 8.2. Yorba Linda Water District AGENDA REPORT MEETING DATE: May 4, 2023 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Delia Lugo, Finance Manager Keri Hollon, Accounting Assistant II SUBJECT: Payments of Bills, Refunds, and Wire Transfers RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $3,673,917.63. BACKGROUND: Section 31302 of the California Water Code says the District shall pay demands made against it when the Board of Directors has approved them. Pursuant to law, staff is hereby submitting the list of disbursements for April 21, 2023 through May 6, 2023, for the Board of Directors' approval. Items within this disbursement list include: Ten Highest Expenses for Disbursement U S Bank 1,017,043.33 2022A Interest Expense U S Bank 561,839.50 2017A Interest Expense Pacific Hydrotech Corporation 325,196.93 J18-27 Hidden Hills Booster Pump Station Service Pascal & Ludwig Constructors, Inc. 241,134.30 J09-22 #22 Well 22 Equipping ACWA/JPIA 135,057.06 Medical & Dental Premium May 2023 Southern Calif Edison Co. 104,676.06 Electricity Charges - March 2023 Various Locations Municipal Water District 88,753.44 Water Deliveries - February 2023 Resource Computer Solutions 59,791.66 J23-08, J23-10, J23-13, & J23-14 Security Proj & IT Consulting ACWA/JPIA 36,152.04 1 Workers Compensation 1/1/23-3/31/23 Hayes Automation Inc. 27,139.24 Gas Detectors For Operations Other Routine Invoices Accounts Payable Check Register Total Payroll No. 07 Payroll No. 08 Total Disbursements $ 2,596,783.56 $ 392,536.80 $ 2,989,320.36 $ 349,243.06 335,354.21 $ 3,673,917.63 A summary of the disbursements is attached. ATTACHMENTS: Page 14 of 156 Cap Sheet May 4, 2023 Check Register for April 20, 2023 Check Register for May 4, 2023 Page 15 of 156 Summary of Disbursements May 4, 2023 CHECK NUMBERS: 4/20/2023 Computer Checks 81823-81889 $ 327,603.38 5/4/2023 Computer Checks 81898-81968 862,614.71 $ 1,190,218.09 WIRES: W033023 U S Bank $ 561,839.50 W033023A U S Bank 1,017,043.33 W041023 Southern Calif Edison Co. 295.32 W041023A BNSF Railway Company 8,666.00 W041323 Municipal Water District 88,753.44 W041323A Switch Ltd 713.00 W042023 Southern Calif Edison Co. 104,676.06 W050523 American Business Bank 17,115.62 $ 1,799,102.27 TOTAL OF CHECKS & WIRES $ 2,989,320.36 PAYROLL NO. 07: Direct Deposits $ 221,175.90 Payroll Taxes 59,024.41 EFT -- CalPERS 46,693.63 Third Party Checks 81819-81822 22,349.12 $ 349,243.06 PAYROLL NO. 08: Direct Deposits $ 208,440.63 Payroll Taxes 53,005.82 EFT -- CalPERS 49,168.28 Third Party Checks 81890-81897 24,739.48 $ 335,354.21 TOTAL OF PAYROLL $ 684,597.27 ------------------------------------------------------------------------------------------------------------------ DISBURSEMENT TOTAL $ 3,673,917.63 ---------------------------------------------------------------- ---------------------------------------------------------------- APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF MAY 4, 2023 ---------------------------------------------------------------- ---------------------------------------------------------------- Page 16 of 156 Yorba Linda Water District Check Register For Checks Dated: 04/07/2023 thru 04/20/2023 Check No. Date Vendor Name Amount Description 81823 04/20/2023 MIP BROS INC 436.77 CUSTOMER REFUND 81824 04/20/2023 CHRIS MASH 136.30 CUSTOMER REFUND 81825 04/20/2023 OPEN DOOR LABS INC 380.16 CUSTOMER REFUND 81826 04/20/2023 JUICHUN HUNG 161.65 CUSTOMER REFUND 81827 04/20/2023 JOHN CANNIZZO 219.20 CUSTOMER REFUND 81828 04/20/2023 TONY WEEDA 1,750.00 CUSTOMER REFUND 81829 04/20/2023 A-1 Fence 2,074.00 RICHFIELD FENCE REPAIR 81830 04/20/2023 ACWA/JPIA 36,152.04 WORKERS COMPENSATION 1/1/23-3/31/23 81831 04/20/2023 Alternative Hose Inc. 1,524.68 PARTS FOR CAR WASH 81832 04/20/2023 Amazon Capital Services 201.97 FACILITY & IT SUPPLIES 81833 04/20/2023 Aqua -Metric Sales Co. 25,737.55 OPERATIONS WORK MATERIAL 81834 04/20/2023 Aramark 559.33 UNIFORM SERVICE 81835 04/20/2023 BASE HILL INC. 6,142.58 JANITORIAL SERVICES 81836 04/20/2023 CIPO CLOUD SOFTWARE INC 700.00 CLOUD MONTHLY SUBSCRIPTION 81837 04/20/2023 City Of Placentia 7,143.42 SEWER COLLECTIONS - MARCH 2023 81838 04/20/2023 Griswold Industries dba Cla-Val Co. 2,283.74 CLA VAL PARTS 81839 04/20/2023 Clinical Lab. Of San Bern. 1,570.00 WATER QUALITY LAB WORK 81840 04/20/2023 DCL America Inc. 4,380.43 PARTS FOR LAKEVIEW ENGINE 81841 04/20/2023 Dion & Sons, Inc. 346.65 OIL FOR ELECTRICAL MOTORS 81842 04/20/2023 DME Incorporated 889.50 PART FOR WELL#1 81843 04/20/2023 Don Wolf & Associates Inc. 935.40 EMISSION TESTER REPAIR 81844 04/20/2023 Dean Criske Trucking 1,259.18 ROAD MATERIAL 81845 04/20/2023 Ecolab Inc. 3,900.00 PFAS SYSTEM SERVICE 81846 04/20/2023 Elite Equipment Inc 514.92 PART FOR CAR WASH & TOOL REPAIR 81847 04/20/2023 Enthalpy Analytical, Inc. 10,812.50 WATER QUALITY TESTING 81848 04/20/2023 EZAutomation 1,999.00 SCADA MATERIALS 81849 04/20/2023 Friedrich Schindler 1,544.08 CLAIMS REIMBURSEMENT 81850 04/20/2023 Georgina Knight 176.22 TRAVEL EXPENSE REIMBURSEMENT- LCW CONFERENCE 81851 04/20/2023 G.M. Sager Construction Co., Inc. 7,000.00 CONCRETE REPAIRS AT VARIOUS LOCATIONS 81852 04/20/2023 Grainger 2,592.55 PARTS FOR CAR WASH & SPOTLIGHT FOR OPERATIONS 81853 04/20/2023 Hach Company 96.35 WATER TESTING MATERIAL 81854 04/20/2023 Harrington Industrial 80.93 AIR VAC PARTS 81855 04/20/2023 Hayes Automation Inc. 27,139.24 GAS DETECTORS FOR OPERATIONS 81856 04/20/2023 Infosend Inc. 5,242.05 BILLING & POSTAGE CUSTOMER BILL 81857 04/20/2023 Jackson's Auto Supply - Napa 42.42 PARTS FOR UNIT #214 81858 04/20/2023 Jacqueline Segura 130.15 MILEAGE REIMBURSEMENT- LCW CONFERENCE 81859 04/20/2023 Konica Minolta Business 792.88 LEASE PAYMENT C3001 81860 04/20/2023 Liebert Cassidy Whitmore 457.50 PROFESSIONAL SERVICES FEBRUARY 2023 81861 04/20/2023 Managed Health Network 171.00 EAP - APRIL 2023 81862 04/20/2023 Mc Fadden -Dale Hardware 461.00 PARTS FOR WELL #1 & PRODUCTION HARDWARE SUPPLIES 81863 04/20/2023 Mc Master -Carr Supply Co. 840.54 ELECTRICAL SUPPLIES FOR FACILITIES 81864 04/20/2023 Murcal, Inc. 986.99 STATIONARY ENGINE PARTS 81865 04/20/2023 Mood Media 670.24 CUSTOMER MESSAGE/PHONE SERVICE RENEWAL 81866 04/20/2023 National Signal Inc. 584.16 PART FOR UNIT#195 81867 04/20/2023 Orkin Pest Control 222.99 PEST CONTROL 81868 04/20/2023 Orvac Electronics 7.59 PART FOR UNIT #195 81869 04/20/2023 Phil's Arbor Care 5,450.00 HIGHLAND TREE SERVICE & SANTIAGO WEED ABATEMENT 81870 04/20/2023 Linde Gas & Equipment Inc. 191.04 WELDING SUPPLIES 81871 04/20/2023 P.T.I. Sand & Gravel, Inc. 2,632.03 ROAD MATERIAL 81872 04/20/2023 Resource Computer Solutions 59,791.66 J23-08, J23-10, J23-13, & 123-14 SECURITY PROJECTS & IT CONSULTING 81873 04/20/2023 RKI Engineering, LLC 4,800.00 J21-32 WATER MASTER PLAN SERVICE & SCADA CONTROL SUPPORT 81874 04/20/2023 Rosedale Products, Inc. 17,553.10 PFAS PLANT FILTER BAGS 81875 04/20/2023 R & S Automation Inc. 4,889.80 RICHFIELD GATE CONTROLLER 81876 04/20/2023 Safety-Kleen Systems Inc 2,561.79 HAZARDOUS MATERIAL DISPOSAL 81877 04/20/2023 Selman Chevrolet Company 1,212.43 PARTS FOR UNITS #213 & 237 81878 04/20/2023 Shaw HR Consulting 405.00 HR CONSULTING 81879 04/20/2023 Shred Confidential, Inc. 79.88 MONTHLY SHRED SERVICE 81880 04/20/2023 Tetra Tech, Inc. 9,000.00 120-37 PROFESSIONAL SERVICES JANUARY 2023 81881 04/20/2023 Townsend Public Affairs, Inc. 5,000.00 CONSULTING SERVICES- APRIL 2023 Page 17 of 156 81882 04/20/2023 Uline 39.73 PRINTER LABELS 81883 04/20/2023 Underground Service Alert 443.24 NEW TICKET CHARGES & CA STATE FEE 81884 04/20/2023 United Industries 867.90 OPERATIONS PPE 81885 04/20/2023 WattLogic, LLC 9,509.04 LIGHT FIXTURES FOR LAKEVIEW 81886 04/20/2023 United Water Works, Inc. 10,199.27 OPERATIONS WORK MATERIAL 81887 04/20/2023 YO Fire 4,600.13 OPERATIONS WORK MATERIAL 81888 04/20/2023 Yorba Linda Chamber of 2,563.49 EVENT SPONSORSHIP 81889 04/20/2023 Zetroc Electric LLC 24,364.00 122-10 ELECTRICAL WORK W033023 03/30/2023 U S Bank 561,839.50 2017A INTEREST EXPENSE W033023A 03/30/2023 U S Bank 1,017,043.33 2022A INTEREST EXPENSE W041023 04/10/2023 Southern Calif Edison Co. 295.32 ELECTRICITY CHARGES - MARCH 2023 VARIOUS LOCATIONS W041023A 04/10/2023 BNSF Railway Company 8,666.00 121-36 BNSF PERMIT FEE W041323 04/13/2023 Municipal Water District 88,753.44 WATER DELIVERIES - FEBRUARY 2023 W041323A 04/13/2023 Switch Ltd 713.00 DATA HOSTING CO -LOCATION 2,004,913.97 Payroll Checks #07 03/30/2023 PAYROLL - EMPLOYEE DIRECT DEPOSIT 221,175.90 03/30/2023 PAYROLL - PAYROLL TAX PAYMENT 59,024.41 03/30/2023 PAYROLL - CALIPERS & TASC 46,693.63 81819 03/30/2023 California State Disbursement Unit 751.84 81820 03/30/2023 Colonial Life 87.42 81821 03/30/2023 Lincoln Financial Group 3,623.91 81822 03/30/2023 Nationwide Retirement Solutions 17,885.95 349,243.06 Page 18 of 156 Yorba Linda Water District Check Register For Checks Dated: 04/21/2023thru 05/04/2023 Check No. Date Vendor Name 81898 05/04/2023 JOHN PHILLIP BRYANT 81899 05/04/2023 WILLIAM CARR 81900 05/04/2023 STEVEN HULL 81901 05/04/2023 GEORGE KILZI 81902 05/04/2023 RODNEY HOLMES 81903 05/04/2023 OPEN DOOR LABS INC 81904 05/04/2023 REX SHAW 81905 05/04/2023 PINNACLE INTL PROPERTY SERVICES 81906 05/04/2023 SUSANNAH L LUA 81907 05/04/2023 SKC INVESTMENTS LLC 81908 05/04/2023 WHITESTONE PROPERTIES INC 81909 05/04/2023 A & L FINANCIAL GROUP 81910 05/04/2023 PARKHUSHI LLC. 81911 05/04/2023 ACWA/JPIA 81912 05/04/2023 AIRGAS INC 81913 05/04/2023 Alternative Hose Inc. 81914 05/04/2023 Amazon Capital Services 81915 05/04/2023 Annie Alexander 81916 05/04/2023 Anthony Varian 81917 05/04/2023 Applied Best Practices 81918 05/04/2023 Aramark 81919 05/04/2023 AT & T - Calnet3 81920 05/04/2023 CDW Government, Inc 81921 05/04/2023 Citizen's Business Bank 81922 05/04/2023 City Of Anaheim - Anaheim Public Utilities 81923 05/04/2023 Climatec, LLC 81924 05/04/2023 Collicutt Energy Services Inc. 81925 05/04/2023 Communications Lab 81926 05/04/2023 Culligan of Santa Ana 81927 05/04/2023 Elite Equipment Inc 81928 05/04/2023 Energy Environmental Soln, Inc 81929 05/04/2023 Freddie Ojeda 81930 05/04/2023 Grainger 81931 05/04/2023 Harrington Industrial 81932 05/04/2023 Heat Transfer Solutions, Inc 81933 05/04/2023 Infosend Inc. 81934 05/04/2023 Kidman Gagen Law 81935 05/04/2023 Killingsworth Gear 81936 05/04/2023 Koff & Associates, Inc 81937 05/04/2023 Konica Minolta Business 81938 05/04/2023 LA Networks 81939 05/04/2023 LASER PRINTER REPAIR 81940 05/04/2023 MAP Communications 81941 05/04/2023 Mc Crometer Inc 81942 05/04/2023 Mc Fadden -Dale Hardware 81943 05/04/2023 Mc Master -Carr Supply Co. 81944 05/04/2023 MCR Technologies Inc. 81945 05/04/2023 Minuteman Press 81946 05/04/2023 Murcal, Inc. 81947 05/04/2023 NatPay Online Business Solutions 81948 05/04/2023 New Pig Corporation 81949 05/04/2023 Nexus Office Environments 81950 05/04/2023 Nickey Kard Lock Inc 81951 05/04/2023 Office Solutions 81952 05/04/2023 County of Orange 81953 05/04/2023 Pacific Hydrotech Corporation 81954 05/04/2023 Pascal & Ludwig Constructors, Inc 81955 05/04/2023 Linde Gas & Equipment Inc. 81956 05/04/2023 Psomas & Associates 81957 05/04/2023 Quinn Company 81958 05/04/2023 Raftelis Financial Consultants, Inc. 81959 05/04/2023 Selman Chevrolet Company Amount Description 465.75 CUSTOMER REFUND 88.63 CUSTOMER REFUND 126.05 CUSTOMER REFUND 69.03 CUSTOMER REFUND 121.42 CUSTOMER REFUND 533.69 CUSTOMER REFUND 0.85 CUSTOMER REFUND 388.91 CUSTOMER REFUND 4.81 CUSTOMER REFUND 384.69 CUSTOMER REFUND 793.84 CUSTOMER REFUND 120.36 CUSTOMER REFUND 364.78 CUSTOMER REFUND 135,057.06 MEDICAL & DENTAL PREMIUM MAY 2023 207.43 WELDING SUPPLIES 232.84 PARTS FOR WELL #1 8,718.35 J23-08, 09, 10, 11, 12, 13, 14 SECURITY PROJECT MATERIALS & CAMERAS 49.13 OFFICE SUPPLIES REIMBURSEMENT 402.00 CERTIFICATE REIMBURSEMENT 569.00 PROFESSIONAL SERVICES - CDAR 326.03 UNIFORM SERVICE 1,493.96 ATT CALNET 3,805.12 SECURITY CAMERAS 12,691.28 J09-22 #22 PASCAL & LUDWIG ESCROW HOLDING 2,886.83 ELECTRICAL CHARGES MARCH 2023 - VARIOUS LOCATIONS 860.00 TROUBLESHOOT AC UNITS 14,515.97 DIAGNOSTIC & PARTS FOR WELL #18 5,000.00 PROFESSIONAL SERVICES MARCH 2023 2,216.10 EQUIPMENT PE SOFTENER 253.68 PART FOR CAR WASH 2,750.00 ICE TESTING FOR HIGHLAND 105.00 CERTIFICATE REIMBURSEMENT 470.65 PARTS FOR CAR WASH 80.93 AIR VAC PARTS 1,958.34 ON SITE AC MAINTENANCE 2,688.62 BILLING & POSTAGE CUSTOMER BILL 22,987.56 LEGAL SERVICES - MARCH 2023 18.00 SERVICE WORK FOR WELL #1 262.50 PROFESSIONAL SERVICES MARCH 2023 768.09 COPY CHARGES FOR C5501, C3301 & C3001 6,092.51 CISCO SUPPORT THROUGH MARCH 24 1,391.23 PRINTER REPAIR & CLEANING 378.24 AFTER HOURS PHONE SERVICE 2,319.99 TIMBER RIDGE METER REPAIR 165.02 STATIONARY ENGINE PARTS & WATER OPERATIONS TOOLS 4,923.84 J23-08, 09, 10, 11, 12, 13, 14 SECURITY PROJECT MATERIALS & CLA VAL PARTS 1,413.20 SERVICE WORK ON HIDDEN HILLS FLOWMETER 299.97 HANGING DOOR TAGS 760.64 STATIONARY ENGINE PARTS 40.63 DOCULIVERY - MARCH 2023 1,059.06 OIL SPILL MATERIAL 4,601.43 OFFICE CHAIRS 6,478.09 FUEL 3/16/23-3/31/23 347.00 OFFICE SUPPLIES 76.05 LANDFILL FEES 325,196.93 J18-27 HIDDEN HILLS BOOSTER PUMP STATION SERVICE 241,134.30 J09-22 #22 WELL 22 EQUIPPING 208.52 WELDING SUPPLIES 4,360.00 J20-165 & J21-36 PROFESSIONAL SERVICES MARCH 2023 2,011.77 STATIONARY ENGINE PARTS 5,273.75 PROFESSIONAL SERVICES MARCH 2023 40.26 SENSOR FOR UNIT#213 Page 19 of 156 81960 05/04/2023 Shaw HR Consulting 81961 05/04/2023 Rachel Padilla/Petty Cash 81962 05/04/2023 Staples Business Advantage 81963 05/04/2023 Sunrise Medical Group 81964 05/04/2023 UNUM Life Insurance Co. of America 81965 05/04/2023 USA Truck Bodies Inc 81966 05/04/2023 WattLogic, LLC 81967 05/04/2023 United Water Works, Inc. 81968 05/04/2023 YO Fire W042023 04/20/2023 Southern Calif Edison Co. W050523 05/05/2023 American Business Bank 1,194.00 HR CONSULTING 90.10 FOOD FOR OT STAFF & FUEL 153.52 OFFICE SUPPLIES 210.00 EMPLOYEE PHYSICALS 5,265.90 LIFE,AD&D,STD&LTD - MAY 2023 4,226.70 SERVICE WORK FOR UNIT #246 2,946.23 LIGHT FIXTURES FOR FACILITIES 9,923.35 OPERATIONS WORK MATERIAL 5,195.20 OPERATIONS WORK MATERIAL 104,676.06 ELECTRICITY CHARGES - MARCH 2023 VARIOUS LOCATIONS 17,115.62 PACIFIC HYDROTECH RETENTION ESCROW HOLDINGS 984,4Ub.39 Payroll Checks #08 208,440.63 53,005.82 49,168.28 783.15 1,635.15 751.84 87.42 3,473.91 200.00 17,769.00 39.01 335,354.21 Page 20 of 156 04/13/2023 PAYROLL - EMPLOYEE DIRECT DEPOSIT 04/13/2023 PAYROLL - PAYROLL TAX PAYMENT 04/13/2023 PAYROLL-CALPERS & TASC 81890 04/13/2023 Allstate 81891 04/13/2023 Ameritas 81892 04/13/2023 California State Disbursement Unit 81893 04/13/2023 Colonial Life 81894 04/13/2023 Lincoln Financial Group 81895 04/13/2023 Midland National 81896 04/13/2023 Nationwide Retirement Solutions 81897 04/13/2023 Reliance 1,194.00 HR CONSULTING 90.10 FOOD FOR OT STAFF & FUEL 153.52 OFFICE SUPPLIES 210.00 EMPLOYEE PHYSICALS 5,265.90 LIFE,AD&D,STD&LTD - MAY 2023 4,226.70 SERVICE WORK FOR UNIT #246 2,946.23 LIGHT FIXTURES FOR FACILITIES 9,923.35 OPERATIONS WORK MATERIAL 5,195.20 OPERATIONS WORK MATERIAL 104,676.06 ELECTRICITY CHARGES - MARCH 2023 VARIOUS LOCATIONS 17,115.62 PACIFIC HYDROTECH RETENTION ESCROW HOLDINGS 984,4Ub.39 Payroll Checks #08 208,440.63 53,005.82 49,168.28 783.15 1,635.15 751.84 87.42 3,473.91 200.00 17,769.00 39.01 335,354.21 Page 20 of 156 ITEM NO. 8.3. Yorba Linda Water District AGENDA REPORT MEETING DATE: May 4, 2023 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Delia Lugo SUBJECT: Cash and Investment Report for the Month Ended March 31, 2023 RECOMMENDATION: That the Board of Directors receive and file the Cash and Investment Report for the Period Ended March 31, 2023.. BACKGROUND: Government Code Section 530607, et. seq., requires the person delegated to invest funds to make a monthly report of investments to the legislative body. The Cash and Investment Portfolio Report presents the market value and percent yield for all District investments by institution. The Cash and Investment Summary Report includes budget and actual interest and average term portfolio information as well as market value broken out by reserve categories. The Fair Value Measurement Report categorizes investments by the fair value hierarchy established by generally accepted accounting principles. The Unrestricted Reserves and Days in Cash Graph presents Water Unrestricted Reserve Balances and Days in Cash at a particular point in time for the last seven years. The average portfolio yield for the month ended March 31, 2023 is 2.53% The District's Total Cash and Investment balance as of March 31, 2023 resulted in an overall decrease from that of March 31, 2022 by approximately $195,000. A large account balance change occurred as follows: an approximate $523,000 net decrease in the Water Operating Fund due to payments to US Bank for the District's bi-annual interest payments pertaining to Revenue Bonds, Series 2017A and Series 2022A in the amount of $1,578,883. STRATEGIC PLAN INITIATIVES: G2 4C - Manage cash flow to maximize investment income. ATTACHMENTS: March 2023 Cash and Investment Reports and Graphs Page 21 of 156 Yorba Linda Water District Cash & Investment Portfolio Report March 31, 2023 Market % Date of Percent Value Par of Total Institution Maturity Yield Checking Account: $ 1,321,890 $ 1,321,890 Wells Fargo Bank $ 1,321,890 $ 1,321,890 2.00% Total 0.00% Depository Account $ 1,398,957 1,398,957 US Bank Depository Account (Cielo Vista) 1.65% $ 1,398,957 $ 1,398,957 2.12% 1.65% Money Market Accounts: $ 21,111,381 $ 21,111,381 US Bank (2017A & 2022A Revenue Bonds) 1.65% $ 4,391,929 4,391,929 US Bank (Money Market) 4.56% $ 1,183,339 1,183,339 Public Agency Retirement Svcs. (PARS) 4.41% $ 26,686,648 $ 26,686,648 40.38% Total 2.36% Pooled Investment Accounts: $ 36,679,172 $ 36,679,172 Local Agency Investment Fund 2.83% $ 36,679,172 $ 36,679,172 55.50% 2.83% $ 66,086,667 $ 66,086,667 100% Total Investments 2.53% Per Government Code requirements, the Investment Report is in compliance with the Yorba Linda Water District's Investment Policy, and there are adequate funds available to meet budgeted and actual expenditures for the next six months. Delia Lugo, Finance Manager 3/31/23 Page 22 of 156 INVESTMENT BY CATEGORY BALANCES (AS OF 3-31-2023) ■ CheckingAccount: Depository Account Checking Account: 2.12% r_ o ■ Money Market Accounts: ■ Certificates of Deposit: ■ Pooled Investment Accounts: ■ Depository Account Pooled Investr Accounts: 55.50% Checking Account: Money Market Accounts: Certificates of Deposit: Pooled Investment Accounts: Depository Account Total Money Market Accounts: 40.38% $ 1,321,890 2.00% $ 26,686,648 40.38% $ - 0.00% $ 36,679,172 55.50% $ 1,398,957 2.12% $ 66,086,667 100.00% Page 23 of 156 YLWD Cash & Investment Summary Report Below is a chart summarizing the yields as well as terms and maturities for the month of March 2023: Average # of Month Portfolio Days to of 2023 Yield Maturity March 2.53% 1 Below are charts comparing operating fund interest for current and prior fiscal years. Actual Interest 3/31/2022 3/31/2023 Monthly - March $ 4,046 $ 50,740 Year -to -Date $ 72,498 $ 593,436 Budget 2021/2022 2022/2023 Interest Budget, March YTD $ 231,000 $ 80,194 Interest Budget, Annual $ 308,000 $ 106,925 Interest earned on investments is recorded in the fund that owns the investment. Cash & Investment Summary Comparison Between Current and Previous Month The distribution of investments in the portfolio both in dollars and as a percentage of the total portfolio by funds is as follows: The table below displays the District's Cash and Investment balance of $66.3 million which is allocated between the established reserve funds, Wells Fargo Checking Account, and restricted funds held at U.S. Bank for current Bond transaction and PARS for the pension/OPEB transactions. The number of Days in Cash are 325 for the Un -Restricted Water Reserve balance and 914 for the Un -Restricted Sewer Reserve balances, as of March 31, 2023. Wells Fargo Bank Checking Water Operating Sewer Operating US Bank Held (Restricted) Rev. Bond 2017A -Principal & Interest Rev. Bond 2022A - Acquisition & COI Depository Account - Cielo Vista Development Public Agency Retirement Svc. -PARS (Restricted) Total Cash and Investments 1,028,482 313,449 1,341,931 431 20,918,193 1,398,952 1,165,179 $ 66,282,160 914,509 407,381 1,321,890 21,111,380 1,398,957 1,183, 339 $ 66,086,667 Page 24 of 156 FY23 Reserve Cash and Requirements Investments February 2023 % Alloc March 2023 % Alloc "Target Available for Fund Description Balance 2/28/2023 Balance 3/31/2023 Levels" CY Obligations Water Operating Reserve $ 18,398,154 44.38% $ 17,988,323 43.80% $ 19,792,315 $ (1,803,992) Water Emergency Reserve 7,410,854 17.88% 7,411,591 18.05% 7,450,000 (38,409) Water Capital Project Reserve 3,250,174 7.84% 3,360,094 8.18% 11,721,573 (8,361,479) MWD Contingency Reserve - 0.00% - 0.00% 1,000,000 (1,000,000) Rate Stabilization Reserve 4,301,776 10.38% 4,305,493 10.48% 4,251,271 54,222 Un -Restricted Water Reserve Balance $ 33,360,957 $ 33,065,501 44,215,159 (11,149,658) Conservation Reserve $ 107,126 0.26% $ 107,126 0.26% 106,064 1,062 Employee Liability Reserve 313,005 0.76% 313,005 0.76% 309,040 3,965 Restricted Reserve Balance $ 420,131 $ 420,131 415,104 5,027 Sewer Operating Reserve $ 3,432,470 8.28% $ 3,335,313 8.12% 3,028,299 307,014 Sewer Emergency Reserve 2,004,496 4.84% 2,010,736 4.90% 1,971,423 39,313 Sewer Capital Project Reserve 2,239,419 5.40% 2,239,419 5.45% 2,772,000 (532,581) Un -Restricted Sewer Reserve Balance $ 7,676,385 $ 7,585,469 7,771,722 (186,253) Total Reserve Balances $ 41,457,473 100.00% $ 41,071,101 100.00% $ 52,401,985 $ (11,330,884) Wells Fargo Bank Checking Water Operating Sewer Operating US Bank Held (Restricted) Rev. Bond 2017A -Principal & Interest Rev. Bond 2022A - Acquisition & COI Depository Account - Cielo Vista Development Public Agency Retirement Svc. -PARS (Restricted) Total Cash and Investments 1,028,482 313,449 1,341,931 431 20,918,193 1,398,952 1,165,179 $ 66,282,160 914,509 407,381 1,321,890 21,111,380 1,398,957 1,183, 339 $ 66,086,667 Page 24 of 156 $35,020,000 $30,020,000 $25,020,000 $20,020,000 $15,020,000 $10,020,000 $5,020,000 $20,000 Unrestricted Reserves & Days in Cash (Water) Mar. 2018 Mar. 2019 Mar. 2020 Mar. 2021 Mar. 2022 Mar. 2023 -1 Unrestricted Reserves (Water) --W-Days in Cash (Water) 60 Mar. 2017 Mar. 2018 Mar. 2019 Mar. 2020 Mar. 2021 Mar. 2022 Mar. 2023 Unrestricted Reserves (Water) $ 25,968,169 $ 25,968,169 $ 28,567,231 $ 29,485,891 $31,881,608 $ 29,787,488 $ 33,065,501 Days in Cash (Water) 367 369 364 354 351 299 325 Page 25 of 156 Yorba Linda Water District Financing Authority Revenue Bonds, Series 2022A Activity Summary as of March 31, 2023 Date Description Amount 07/28/22 Beginning Balance $30,000,000 08/01/22 Requisition #1 Paydown Bank of America Revolving Line of Credit ($5,743,751) Subtotal of Bond Proceeds for YLWD CIP $24,256,249 85% Target Spenddown of Bond Proceeds for CIP by 7/28/2025 $20,617,812 09/28/22 Requistion #2 - Reimburse District for eligible construction costs ($2,725,606) 10/27/22 Requistion #3 - Reimburse District for eligible construction costs ($391,170) 11/29/22 Requistion #4 - Reimburse District for eligible construction costs ($201,714) 01/27/23 Requistion #5 - Reimburse District for eligible construction costs ($167,104) 03/28/23 Requistion #6 - Reimburse District for eligible construction costs ($849,529) Available Balance of Target Spenddown as of March 31, 2023 $16,282,688 Revenue Bonds, Series 2022A Use of Funds to Meet 85% Spenddown Target by July 28, 2025 $4,335,123 21%- $16,282,688 79% Available Balance as of Reporting Date ■ Total Spenddown to Date Page 26 of 156 PARS (Public Agency Retirement Services) Funding Summary for March 31, 2023 Transaction Date Transaction Description ater Operatin Pension Water Sewer Operating OPEB •. Pension Operating OPEB AccountTotal Beginning Balance as of 7/1/21 754,305.26 289,298.98 78,124.99 17,436.92 1,139,166.15 7/31/2022 Management Fees (378.17) (237.47) (39.17) (14.31) 1,138,497.03 7/31/2022 Investment Gain/(Loss) 35,526.79 13,624.14 3,679.59 821.17 1,192,148.72 8/31/2022 Management Fees (374.03) (143.43) (38.74) (8.64) 1,191,583.88 8/31/2022 Investment Gain/(Loss) (21,025.08) (8,062.76) (2,177.61) (485.97) 1,159,832.46 9/30/2022 Management Fees (378.42) (145.09) (39.19) (8.74) 1,159,261.02 9/30/2022 Investment Gain/(Loss) (48,272.88) (18,508.28) (4,999.72) (1,115.55) 1,086,364.59 10/31/2022 Management Fees (360.96) (138.39) (37.38) (8.34) 1,085,819.52 10/31/2022 Investment Gain/(Loss) 20,523.73 7,870.53 2,125.80 474.31 1,116,813.89 11/30/2022 Management Fees (154.07) (59.08) (15.96) (3.56) 1,116,581.22 11/30/2022 Investment Gain/(Loss) 33,460.90 12,829.29 3,465.62 773.26 1,167,110.29 12/31/2022 Management Fees (563.55) (216.08) (58.37) (13.02) 1,166,259.27 12/31/2022 Investment Gain/(Loss) (20,689.06) (7,932.42) (2,142.81) (478.11) 1,135,016.87 1/31/2023 Management Fees (370.91) (142.21) (38.42) (8.57) 1,134,456.76 1/31/2023 Investment Gain/(Loss) 39,533.12 15,157.45 4,094.53 913.58 1,194,155.44 2/28/2023 Management Fees (372.10) (142.67) (38.54) (8.60) 1,193,593.53 2/28/2023 Investment Gain/(Loss) (18,816.25) (7,214.37) (1,948.84) (434.83) 1,165,179.24 3/31/2023 Management Fees (380.73) (145.97) (39.43) (8.80) 1,164,604.31 3/31/2023 Investment Gain/(Loss) 12,406.16 4,756.66 1,284.93 286.70 1,183,338.76 Account Balance by Account Type 783,619.75 300,448.83 81,161.28 18,108.90 $ 1,183,338.76 66.22% 25.39% 6.86% 1.53% 100% Initial Contribution as of 12/28/2017 $ Additional Contribution 6/26/19 $ Total Contributions Total Distribution to CalPERS Total Distribution to YLWD Total Gain (or Loss) from Inception $ Total Management Fees from Inception Pension OPEB Total 247,599.00 - 247,599.00 1,105,248.00 587,339.00 1,692,587.00 1,940,186.00 (631,392.00) (631,392.00) $ (337,936.88) (337,936.88) 166,526.24 82,046.73 248,572.97 (23,200.21) (12,891.12) (36,091.33) Balance as of 3/31/23 $ 864,781.03 $ 318,557.73 $ 1,183,338.76 Page 27 of 156 ITEM NO. 8.4. Yorba Linda Water District AGENDA REPORT MEETING DATE: May 4, 2023 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Delia Lugo, Finance Manager SUBJECT: Unaudited Financial Statements for the Third Quarter of Fiscal Year 2022- 23 RECOMMENDATION: That the Board of Directors receive and file the Unaudited Financial Statements for the Third Quarter of Fiscal Year 2022-23. BACKGROUND: Presented are the Unaudited Financial Statements for the Period Ending March 31, 2023 for the District. For the period ending March 31, 2022, staff is presenting "unaudited" statements in the CAFR format. We have included a Statement of Net Position, a Debt Service Ratio Calculation, a ProForma Use of Funds Statement, Consolidated Budget to Actual Statement, as well as the individual Water and Sewer Budget to Actual Statements. As reported in the Balance Sheet of the Statement of Net Position, the District's Net Position reflects a positive result when compared to that of the same reporting period of the prior fiscal year by approximately $26,791,000. This is prominently due to an increase in Depreciable Capital Assets resulting from the recording of the PFAS Water Treatment Plant in the Fixed Asset module for financial reporting purposes. Cumulative Volumetric Water Revenue, as reported through the Period Ending March 31, 2023, reflects an average decrease in revenue of approximately 5.5% as compared to prior year for the same reporting period. Customer usage has been lower than anticipated due to the increased rain experienced these winter months. Total Variable Water Costs results reflect an approximate 29% decrease when compared to prior year for the same reporting period in direct correlation to a decrease in customer consumption. With the issuance of the Refunding Revenue Bonds, Series 2017A and Series 2022A the District covenanted "...to fix, prescribe and collect rates and charges for Water Service which will be at least sufficient to yield during each Fiscal Year, Net Revenues equal to 125% of the Debit Service for such Fiscal Year." To confirm the covenant is upheld, staff calculates the Debt Service Ratio quarterly and is received and filed by the Board of Directors. Accordingly, the "unaudited" Debt Service Ratio Page 28 of 156 Calculation of the Water Enterprise for the Period Ending March 31, 2023, is reported as 275%. STRATEGIC PLAN INITIATIVES: G2 3B — Regularly assess net position and steps to meet strategic goals. ATTACHMENTS: Third Quarter FY 2023 Financial Statements and Graphs Page 29 of 156 YORBA LINDA WATER DISTRICT UNAUDITED COMBINING SCHEDULE OF NET ASSETS March 31, 2023 (With March 31, 2022 Actuals for comparison only) ASSETS March 2023 CURRENT ASSETS: Cash and cash equivalents Investment Accounts receivable - water and sewer services Accrued interest receivable Prepaid expenses & other deposits Inventory TOTAL CURRENT ASSETS NONCURRENT ASSETS: Bond issuance costs Right -To -Use Lease Asset Deferred Pension Plan Deferred OPEB Plan Capital assets: Non -depreciable Depreciable, net of accumulated depreciation TOTAL NONCURRENT ASSETS TOTAL ASSETS LIABILITIES CURRENT LIABILITIES: Accounts payable Accrued expenses Accrued Interest Payable Refunding Revenue Bond(s) - current portion Compensated absences Net OPEB Obligation Customer and construction deposits Deferred revenue TOTAL CURRENT LIABILITIES LONG-TERM LIABILITIES (LESS CURRENT PORTION): Deferred annexation revenue Compensated absences Net Pension Liability Net OPEB Liability Deferred Pension Plan Deferred OPEB Plan Deferred Inflow - Gain on Bond Deferred Inflow - Lease & Lease Liability Refunding Revenue Bond(s) Line of Credit TOTAL LONG TERM LIABILITIES (LESS CURRENT PORTION) TOTAL LIABILITIES NET ASSETS: March 2022 65,456,521 $ 36,473,339 1,183,929 3,118,240 3,893,995 3,998,742 16,487 10,528 770,950 701,858 485,293 331,803 71,807,175 44,634,510 195,746 2,458,386 520,402 6,049,498 202,293,648 211,517,680 282,442 2,142,350 594,377 7,912,321 174,813,432 185,744,922 283,324,855 230,379,432 2,009,986 2,025,288 1,531,089 1,320,923 1,579,315 - 1,525,000 1,350,000 435,940 489,190 5,084 12,954 1,783,997 1,078,045 17,977 75,478 8,888,388 6,351,878 11,256,512 11,751,557 1,307,821 1,467,568 5,595,057 10,323,992 512,845 1,203,767 5,355,890 80,778 749,701 304,828 292,008 84,065 306,648 - 61,118,896 33,117,145 - 4,543,751 86,495,378 62,877,451 95,383,766 69,229,329 $ 187,941,089 $ 161,150,103 Page 30 of 156 YORBA LINDA WATER DISTRICT UNAUDITED COMBINING SCHEDULE OF REVENUES, EXPENSES AND CHANGES IN NET ASSETS March 31, 2023 (With March 31, 2022 Actuals for comparison only) OPERATING REVENUES: Water sales Sewer revenues Other operating revenues TOTAL OPERATING REVENUES OPERATING EXPENSES Variable water costs Personnel services Supplies and services Depreciation and amortization TOTAL OPERATING EXPENSES OPERATING INCOME/(LOSS) NONOPERATING REVENUES (EXPENSES): Property taxes Investment income Interest expense Other nonoperating revenues Other nonoperating expenses TOTAL NONOPERATING REVENUES/EXPENSES NET INCOME/(LOSS) BEFORE CAPITAL CONTRIBUTIONS, SPECIAL/EXTRAORDINARY ITEM(S) CAPITAL CONTRIBUTIONS CHANGES IN NET ASSETS NET ASSETS - BEGINNING OF YEAR NET ASSETS - FOR PERIOD END MARCH 31, 2023 March 2023 March 2022 $ 27,457,766 $ 26,264,249 2,545,088 2,403,272 1,037,620 845,380 31,040,474 29,512,901 (390,195) 5,638,044 1,160,155 11,586,137 16,361,738 8,529,492 8,241,986 5,638,044 4,327,466 6,751,093 6,577,236 32,504,766 35,508,426 (1,464,292) (5,995,525) 1,468,866 3,426,330 593,436 72,498 (1,656,076) (930,708) 1,144,124 504,673 (390,195) (30,682) 1,160,155 3,042,111 (304,137) (2,953,414) 25,462,086 8,966 25,157,949 (2,944,448) 162,783,140 164,094,551 $ 187,941,089 $ 161,150,103 Page 31 of 156 Yorba Linda Water District Unaudited Water Enterprise Debt Service Ratio Calculation For Period Ending March 31, 2023 (With March 31, 2022 for comparison purposes) Revenue (Operating): Water Revenue (Residential) Water Revenue (Commercial & Fire Det.) Water Revenue (Landscape/Irrigation) Water Revenue (Service Charge) Water Revenue (PFAS Impact Fee) Water Revenue (CFC) Other Operating Revenue Total Operating Revenue: Revenue (Non -Operating): Interest Property Tax Other Non -Operating Revenue Total Non -Operating Revenue: Total Revenue Expenses (Operating): Variable Water Costs (G.W., Import & Power) Salary Related Expenses Supplies & Services Depreciation Total Operating Expenses Expenses (Non -Operating): Interest on Long Term Debt Other Expense Total Non -Operating Expenses FY23 YTD Debt Prior YTD PY Debt Actual (thru Sevice Actual (thru Service March 2023) Calculation March 2022) Calculation $ 10,482,239 $ 10,482,239 $ 11,315,066 $ 11,315,066 1,230,498 1,230,498 1,217,771 1,217,771 2,574,455 2,574,455 2,863,699 2,863,699 10,950,870 10,950,870 9,978,312 9,978,312 - - 889,401 889,401 2,219,704 2,219,704 2,055,214 2,055,214 956,562 956,562 709,410 709,410 28,414,328 28,414,328 29,028,873 29,028,873 474,624 474,624 46,153 46,153 1,468,866 1,468,866 1,371,116 1,371,116 1,068,233 1,068,233 341,861 341,861 3,011,723 3,011,723 1,759,130 1,759,130 31,426,051 31,426,051 30,788,003 30,788,003 11, 586,137 11, 586,137 16, 361, 738 16, 361, 738 7,207,120 7,207,120 7,086,988 7,086,988 4,933,724 4,933,724 3,667,375 3,667,375 5,612,731 - 5,462,127 - 29,339,712 23,726,981 32,578,228 27,116,101 1,656,076 - 930,708 - 385,014 385,014 18,690 18,690 2,041,090 385,014 949,398 18,690 Total Expenses 31,380,802 24,111,995 33,527,626 27,134,791 Net Position Before Capital Contributions 45,249 7,314,056 (2,739,623) 3,653,212 Capital Contributions (Non -Cash Transaction - 25,045,950 - 8,966 - GASB 34 Compliant) Total Net Position $ 25,091,199 $ 7,314,056 $ (2,730,657) $ 3,653,212 DEBT SERVICE RATIO CALCULATION: Net Revenues $ 7,314,056 $ 3,653,212 Debt Service $ 2,656,923 $ 2,050,036 % 275% 178% Page 32 of 156 Yorba Linda Water District Summary Financial Report Water & Sewer Funds For Period Ending March 31, 2023 (With March 31, 2022 for comparison purposes) Annual YTD March YTD YTD Actual Prior Year Prior Year YTD Actual YTD Actual Budget Budget Actual Actual (Under) Over Mar Actual Actual (thru vs vs FY23 FY23 FY23 FY23 YTD Budget FY22 March 2022) PY Actual $ PY Actual Revenue (Operating): Water Revenue (Residential) $16,933,387 $ 13,377,376 $ 621,846 $10,482,239 $ (2,895,137), $ 1,266,760 $ 11,315,066 $ (832,827) -7.36% Water Revenue (Commercial & Fire Det.) 1,737,255 $ 1,372,431 99,590 1,230,498 (141,933) 111,482 1,217,771 12,727 1.05% Water Revenue(Landscape/Irrigation) 4,046,832 $ 3,196,997 120,446 2,574,455 (622,542) 234,947 2,863,699 (289,244) -10.10% Water Revenue (Service Charge) 14,720,797 11,040,598 1,229,459 10,950,870 (89,728) 1,126,319 9,978,312 972,558 9.75% Water Revenue (PFAS Impact Fee) - - - - - - 889,401 (889,401) -100.00% Property Taxes - CFC Charges 3,103,900 1,924,418 208,677 2,219,704 295,286 198,413 2,055,214 164,490 8.00% Sewer Charge Revenue 3,115,771 2,336,828 262,036 2,313,510 (23,318) 295,303 2,186,903 126,607 5.79% Locke Ranch Assessments 363,158 225,158 20,623 231,578 6,420 22,988 216,369 15,209 7.03% Other Operating Revenue 1,287,829 965,872 69,188 1,037,620 71,748 80,204 845,380 192,240 22.74% Total Operating Revenue: 45,308,929 34,439,678 2,631,865 31,040,474 (3,399,204) 3,336,416 31,568,115 (527,641) -1.67% Revenue (Non -Operating): Interest 106,925 80,194 50,740 593,437 513,243 4,046 72,498 520,939 718.56% Property Tax 2,095,000 1,298,900 149,539 1,468,866 169,966 142,675 1,371,116 97,750 7.13% Other Non -Operating Revenue 692,942 519,707 61,034 1,144,123 624,417 55,097 504,673 639,450 126.71% Total Non -Operating Revenue: 2,894,867 1,898,800 261,313 3,206,426 1,307,626 201,818 1,948,287 1,258,139 64.58% Total Revenue 48,203,796 36,338,478 2,893,178 34,246,900 (2,091,578) 3,538,234 33,516,402 730,498 2.18% Expenses (Operating): - - (4,350) 25,462,086 25,462,086 - 8,966 93,152 283884.90% Variable Water Costs (G.W., Import & PowE 17,686,074 13,971,998 640,495 11,586,137 (2,385,861) 460,270 16,361,738 (4,775,601) -29.19% Salary Related Expenses 13,231,809 9,669,399 1,209,396 8,529,492 (1,139,907) 1,243,873 8,241,986 287,506 3.49% Supplies & Services 9,258,295 6,943,721 584,459 5,638,043 (1,305,678) 618,147 4,327,466 1,310,577 30.29% Total Operating Expenses 40,176,178 30,585,119 2,434,350 25,753,672 (4,831,447) 2,322,290 28,931,190 (3,177,518) -10.98% Expenses (Non -Operating): Interest on Long Term Debt 2,436,750 1,827,563 192,344 1,656,076 (171,487) 102,596 930,708 725,369 77.94% Other Expense 18,135 13,601 1,926 390,195 376,594 8,761 30,682 359,513 1171.74% Total Non -Operating Expenses: 2,454,885 1,841,164 194,270 2,046,271 205,107 111,357 961,390 1,084,882 112.85% Total Expenses 42,631,063 32,426,282 2,628,620 27,799,944 (4,626,339) 2,433,647 29,892,580 (2,092,637) -7.00% Net Position Before Capital Contributions 5,572,733 3,912,196 264,558 6,446,956 2,534,761 1,104,587 3,623,823 2,823,134 77.90% Capital Contributions (Non -Cash - - (4,350) 25,462,086 25,462,086 - 8,966 25,453,120 283884.90% Transaction GASB 34 Compliant) Net Position Before Depreciation 5,572,733 3,912,196 260,208 31,909,042 27,996,847 1,104,587 3,632,789 28,276,254 778.36% 637,889 4,976,038 Depreciation & Amortization 9,500,000 7,125,000 763,042 6,114,400 (1,010,600) 730,804 6,577,236 (462,836) -7.04% Total Net Position $ (3,927,267) $ (3,212,804) $ (502,834) $25,794,642 $29,007,447 $ 373,783 $ (2,944,448) $ 28,739,090 -976.04% Page 33 of 156 Revenue (Operating): Water Revenue (Residential) Water Revenue (Commercial & Fire Det.) Water Revenue (Landscape/Irrigation) Water Revenue (Service Charge) Water Revenue (PFAS Impact Fee) Water Revenue (CFC) Other Operating Revenue Total Operating Revenue: Revenue (Non -Operating): Interest Property Tax Other Non -Operating Revenue Total Non -Operating Revenue: Total Revenue Expenses (Operating): Variable Water Costs (G.W., Import & Power) Salary Related Expenses Supplies & Services: Communications Contractual Services Data Processing Dues & Memberships Fees & Permits Board Election Insurance Materials District Activities, Emp Recognition Maintenance Non -Capital Equipment Office Expense Professional Services Training Travel & Conferences Uncollectible Accounts Utilities Vehicle Equipment Supplies & Services Sub -Total Total Operating Expenses Expenses (Non -Operating): Interest on Long Term Debt Other Expense Total Non -Operating Expenses: Total Expenses Net Position Before Capital Contributions Capital Contributions (Non -Cash Transaction - GASB 34 Compliant) Net Position Before Depreciation Depreciation & Amortization Total Net Position Yorba Linda Water District Water Fund For Period Ending March 31, 2023 (With March 31, 2022 for comparison purposes) Budget Budget Actual Actual (Under)Over Actual Mar Actual (thru vs vs FY23 FY23 FY23 FY23 YTD Budaet FY22 March 20221 PY Actual S PY Actual $ 16,933,387 $13,377,376 $ 621,846 $ 10,482,239 $ (2,895,137) $ 1,266,760 $ 11,315,066 $ (832,827) -7% 1,737,255 $1,372,431 $ 99,590 1,230,498 (141,933) 111,482 1,217,771 12,727 1 4,046,832 $3,196,997 $ 120,446 2,574,455 (622,542) 234,947 2,863,699 (289,244) -10% 14,720,797 11,040,598 $1,229,459 10,950,870 (89,728) 1,126,319 9,978,312 972,558 10% - - $ - - - - 889,401 (889,401) -100% 3,103,900 1,924,418 208,677 2,219,704 295,286 198,413 2,055,214 164,490 8% 1,171,574 878,681 $ 67,699 956,562 77,882 75,193 709,410 247,152 35% 41,713,745 31,790,501 2,347,717 28,414,328 (3,376,173) 3,013,114 29,028,873 (614,545) -2% 70,200 52,650 39,827 474,624 421,974 745 46,153 428,471 928% 2,095,000 1,298,900 149,539 1,468,866 169,966 142,675 1,371,116 97,750 7% 659,672 494,754 59,755 1,068,233 573,479 52,542 341,861 726,372 212% 2,824,872 1,846,304 249,121 3,011,723 1,165,419 195,962 1,759,130 1,252,593 71 44,538,617 33,636,805 2,596,838 31,426,051 2,210,753 3,209,076 30,788,003 638,049 2% 17,686,074 13,971,998 640,495 11,586,137 (2,385,861) 460,270 16,361,738 (4,775,601) -29% 11,359,392 8,301,094 1,019,312 7,207,120 (1,093,974) 1,076,574 7,086,988 120,132 2% 166,307 124,730 14,256 138,033 13,303 5,458 77,538 60,495 78% 541,358 406,019 48,476 434,266 28,248 62,253 405,354 28,912 7% 361,462 271,097 17,567 230,099 (40,998) 34,627 166,775 63,324 38% 82,932 62,199 2,500 67,625 5,426 2,838 73,043 (5,418) -7% 416,062 312,047 38,454 370,893 58,847 24,316 288,320 82,573 29% 116,450 87,338 76,675 76,675 (10,663) - - 76,675 0% 369,402 277,052 27,083 230,776 (46,276) 18,931 180,750 50,026 28% 2,313,020 1,734,765 96,734 874,247 (860,518) 84,340 547,130 327,117 60% 38,677 29,008 297 23,754 (5,254) 744 20,297 3,457 17% 1,122,055 841,541 41,720 648,067 (193,474) 67,665 716,006 (67,939) -9% 151,105 113,329 17,410 123,598 10,269 13,038 81,675 41,923 51% 35,956 26,967 4,824 27,165 198 3,042 25,461 1,704 7% 1,560,430 1,170,323 58,215 868,189 (302,134) 93,045 645,598 222,591 34% 69,748 52,311 694 22,226 (30,085) 3,943 21,137 1,089 5% 85,199 63,899 2,378 18,164 (45,735) 3,068 13,728 4,436 0% 8,500 6,375 (1,755) 14,162 7,787 1,682 7,146 7,016 98% 190,400 142,800 14,554 226,863 84,063 20,254 129,115 97,748 76% 473,350 355,013 45,940 538,922 183,910 45,366 268,302 270,621 101% 8,102,413 6,076,810 506,022 4,933,724 (1,143,086) 484,610 3,667,375 1,266,349 35% 37,147,879 28,349,902 2,165,829 23,726,981 (4,622,921) 2,021,454 27,116,101 (3,389,120) -12% 2,436,750 1,827,563 192,344 1,656,076 (171,487) 102,596 930,708 725,368 78% 12,350 9,263 22 385,014 375,752 8,761 18,690 366,324 1960% 2,449,100 1,836,825 192,366 2,041,090 204,265 111,357 949,398 1,091,692 115% 39,596,979 30,186,727 2,358,195 25,768,071 4,418,656 2,132,811 28,065,499 2,297,428 -8% 4,941,638 3,450,077 238,643 5,657,980 2,207,903 1,076,265 2,722,504 2,935,477 108% - - (4,350) 25,045,950 25,045,950 - 8,966 25,036,984 896600% 4,941,638 3,450,077 234,293 30,703,930 27,253,853 1,076,265 2,731,470 27,972,461 1024% 8,005,000 e ra nc� �cm 6,003,750 a ro ee� c�� 637,889 ung coe� t 5,612,731 �c non nm t (391,019) o� cne ego :7670E,903 t nae zap t 5,462,127 n man ec�� c 150,604 �� ego eco 3% �n�eoc Page 34 of 156 Water Fund Revenues & Expenses - March $35,000,000 (excludes Depreciation, Special Items, and Contributed Capital ) $30,000,000 1 $28,733,685 $26,488,866 $25,000,000 $25,076,046 $22,824,554 N"N $20,000,000 $21,256,559 $21,366,174 $19,049,229 = M $15,000,000 $10,000,000 $5,000,000 $26,492,420 $22,873,690 $22,745,218 $30,788,003 $31,426,051 2.07 Mar. 2017 Mar. 2018 Mar. 2019 Mar. 2020 Mar. 2021 Mar. 2022 Total Revenue f Total Expenses $25,768,071 (8.19%) Mar. 2023 Page 35 of 156 Revenue (Operating): Sewer Charge Revenue Locke Ranch Assessments Other Operating Revenue Total Operating Revenue: Revenue (Non -Operating): Interest Other Non -Operating Revenue Total Non -Operating Revenue: Total Revenue Expenses (Operating): Salary Related Expenses Supplies & Services: Communications Contractual Services Data Processing Dues & Memberships Fees & Permits Board Election Insurance Materials District Activities, Emp Recognition Maintenance Non -Capital Equipment Office Expense Professional Services Training Travel & Conferences Uncollectible Accounts Utilities Vehicle Equipment Supplies & Services Sub -Total Total Operating Expenses Expenses (Non -Operating): Other Expense Total Non -Operating Expenses: Total Expenses Net Position Before Capital Contributions Capital Contributions (Non -Cash Transaction - GASB 34 Compliant) Net Position Before Depreciation Depreciation & Amortization Total Net Position Yorba Linda Water District Sewer Fund For Period Ending March 31, 2023 (With March 31, 2022 for comparison purposes) Annual YTD Mar YTD YTD Actual Prior Year Prior Year YTD Actual YTD - CUR Budget Budget Actual Actual (Under)Over Actual Mar Actual (thru vs vs FY23 FY23 FY23 FY23 YTD Budget FY22 March 2022) PY Actual $ PY Actual °% $ 3,115,771 $ 2,336,828 $ 262,036 $ 2,313,510 $ (23,318) $ 295,303 $ 2,186,903 $ 126,607 5.79% 363,158 225,158 20,623 231,578 6,420 22,988 216,369 15,209 7.03% 116,255 87,191 1,489 81,058 6,133 5,011 135,970 54,912 -40.39% 3,595,184 2,649,177 284,148 2,626,146 (23,031) 323,302 2,539,242 86,904 3.42% 36,725 27,544 10,913 118,812 91,268 3,301 26,344 92,468 351.00% 33,270 24,953 1,279 75,891 50,939 2,555 5,856 162,812 189,156 (86,921) 5,547 -53.39% 2.93% 69,995 52,496 12,192 194,703 142,207 3,665,179 2,701,674 296,340 2,820,849 119,175 329,158 2,728,398 92,451 3.39% 1,872,417 1,368,305 190,084 1,322,372 (45,933) 167,300 1,154,999 167,373 14.49% 26,693 20,020 2,516 16,759 (3,261) 963 13,894 2,865 20.62% 78,681 59,011 6,551 58,351 (660) 8,777 51,209 7,142 13.95% 55,152 41,364 3,100 39,531 (1,833) 5,708 28,009 11,522 41.14% 14,590 10,943 441 11,934 992 487 12,876 (942) -7.32% 51,928 38,946 7,112 41,041 2,095 2,647 25,015 16,026 64.07% 20,550 15,413 13,531 13,531 (1,882) - - 0.00% 65,188 48,891 4,779 40,723 (8,168) 3,341 31,898 8,825 27.67% 64,280 48,210 3,070 58,832 10,622 2,005 48,424 10,408 21.49% 6,823 5,117 52 4,192 (925) 131 3,575 617 17.26% 405,845 304,384 18,291 158,704 (145,680) 60,834 181,586 (22,882) -12.60% 60,195 45,146 1,343 51,977 6,831 10,485 46,183 5,794 12.55% 6,344 4,758 773 4,700 (58) 537 4,493 207 4.61% 168,330 126,248 11,681 103,198 (23,050) 26,286 146,387 (43,189) -29.50% 13,402 10,052 36 10,093 42 1,782 8,584 1,509 17.58% 17,581 13,186 420 3,207 (9,979) 541 1,521 1,686 110.85% 1,500 1,125 (486) 3,602 2,477 486 1,938 1,664 85.86% 33,600 25,200 2,568 19,752 (5,448) 2,935 22,146 (2,394) -10.81% 65,200 48,900 2,659 64,193 15,293 5,589 32,351 31,842 98.43% 1,155,882 866,912 78,437 704,320 (162,592) 133,534 660,089 30,700 4.65% 3,028,299 2,235,216 268,521 2,026,692 (208,524) 300,834 1,815,088 198,073 10.91% 5,785 4,339 1,904 5,181 842 11,993 6,812 56.80% 5,785 4,339 1,904 5,181 842 11,993 (6,812) (1) 3,034,084 2,239,555 270,425 2,031,873 207,682 300,834 1,827,081 204,792 11.21% 631,095 462,119 25,915 788,976 326,857 28,324 901,317 (112,341) -12.46% - - 416,136 416,136 - - 416,136 - 631,095 462,119 25,915 1,205,112 742,993 28,324 901,317 303,795 33.71% 1,495,000 1,121,250 125,153 1,138,362 17,112 123,901 1,115,109 23,253 2.09% $ (863,905) $ (659,131) $ (99,238) $ 66,750 $ 725,881 $ (95,577) $ (213,792) $ 280,542 131.22% Page 36 of 156 $3,000,000 $2,500,000 $2,000,000 $1,500,000 Sewer Fund Revenues & Expenses - March (excludes Depreciation, Special Items, and Contributed Capital) $2,728,398 $1,803,775 $1,713,008 $1,000,000 $1,099,961 $1,041,596 M $500,000 $2,140,563 $2,137,266 $1,994,737 $1,654,829 $959,539 $970,247 $1,827,081 Mar. 2017 Mar. 2018 Mar. 2019 Mar. 2020 Mar. 2021 Mar. 2022 Total Revenue Total Expenses $2,820,849 3.39% $2,031,873 11.21% Mar. 2023 Page 37 of 156 ITEM NO. 8.5. Yorba Linda Water District AGENDA REPORT MEETING DATE: May 4, 2023 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Delia Lugo, Finance Manager Keri Hollon, Accounting Assistant II SUBJECT: Directors and General Manager Fees and Expenses Report for the Third Quarter of Fiscal Year 2022-23 RECOMMENDATION: That the Board of Directors receive and file the Directors' and General Manager Fees and Expenses Report for the Third Quarter of Fiscal Year 2022-23. ATTACHMENTS: 1. BOD and GM Summary for Q3 2023 2. BOD and GM Summary for YTD 2023 3. Travel and Expense Report Q3 2023 Page 38 of 156 BOARD OF DIRECTORS MEETINGS COMMITTEE MEETINGS ATTENDED OTHER MEETINGS ATTENDED TOTAL MEETINGS ATTENDED QTD DIRECTOR FEES QTD MEETING FEES BUDGET QTD TRAVEL & CONF. EXPENSES QTD TRAVEL & CONF. BUDGET QTD DIR.FEES AND EXPENSES QTD FEES AND EXPENSES BUDGET QTD GEN MGR EXPENSES QTD GEN MGR TRAVEL/CONF. BUDGET QTD ASSISTANT GM EXPENSES QTD ASSISTANT GM TRAVEL/CONF. BUDGET QTD TOTAL FEES & EXPENSES QTD TOTAL FEES & EXPENSES BUDGET QTD $1,318 $750 DAVERT TOTAL 102 $15,300 $22,500 $235 $5,000 $15,535 $27,500 $1,318 $750 $0 $0 $750 $750 $2,400 $3,450 $2,610 $2,575 $4,500 $15,535 $1,318 $0 $16,853 $5,500 $5,500 $5,500 $5,500 $5,500 $27,500 $750 $750 $29,000 Page 39 of 156 YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES 3RD QUARTER REPORT FROM 01-01-23 TO 03-31-23 FY 23 HAWKINS MILLER DESROCHES LINDSEY BARBRE SUB -TOTAL TOY 6 7 6 4 6 29 10 16 11 12 24 73 16 23 17 16 30 102 $2,400 $3,450 $2,550 $2,400 $4,500 $15,300 $4,500 $4,500 $4,500 $4,500 $4,500 $22,500 $0 $0 $60 $175 $0 $235 $1,000 $1,000 $1,000 $1,000 $1,000 $5,000 $2,400 $3,450 $2,610 $2,575 $4,500 $15,535 $5,500 $5,500 $5,500 $5,500 $5,500 $27,500 $1,318 $750 DAVERT TOTAL 102 $15,300 $22,500 $235 $5,000 $15,535 $27,500 $1,318 $750 $0 $0 $750 $750 $2,400 $3,450 $2,610 $2,575 $4,500 $15,535 $1,318 $0 $16,853 $5,500 $5,500 $5,500 $5,500 $5,500 $27,500 $750 $750 $29,000 Page 39 of 156 BOARD OF DIRECTORS MEETINGS COMMITTEE MEETINGS ATTENDED OTHER MEETINGS ATTENDED TOTAL MEETINGS ATTENDED QTD DIRECTOR FEES QTD MEETING FEES BUDGET QTD TRAVEL & CONF. EXPENSES QTD TRAVEL & CONF. BUDGET QTD DIR.FEES AND EXPENSES QTD FEES AND EXPENSES BUDGET QTD GEN MGR EXPENSES QTD GEN MGR TRAVEL/CONF. BUDGET QTD ASSISTANT GM EXPENSES QTD ASSISTANT GM TRAVEL/CONF. BUDGET QTD TOTAL FEES & EXPENSES QTD TOTAL FEES & EXPENSES BUDGET QTD Page 40 of 156 YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES YEAR-TO-DATE REPORT FROM 07-01-2022 TO 03-31-2023 FY 23 HAWKINS MILLER JONES DESROCHES LINDSEY BARBRE SUB -TOTAL TOY DAVERT TOTAL 16 21 13 20 17 7 94 2 1 3 6 29 51 34 25 40 31 210 45 74 48 45 60 38 310 310 $6,750 $11,100 $7,200 $6,750 $9,000 $5,700 $46,500 $46,500 $13,500 $13,500 $7,500 $13,500 $13,500 $6,000 $67,500 $67,500 $55 $35 $1,553 $95 $175 $0 $1,913 $1,913 $3,000 $3,000 $1,667 $3,000 $3,000 $1,333 $15,000 $15,000 $6,805 $11,135 $8,753 $6,845 $9,175 $5,700 $48,413 $48,413 $16,500 $16,500 $9,167 $16,500 $16,500 $7,333 $82,500 $82,500 $3,998 $3,998 $2,250 $2,250 $811 $811 $2,250 $2,250 $6,805 $11,135 $8,753 $6,845 $9,175 $5,700 $48,413 $3,998 $811 $53,222 $16,500 $16,500 $9,167 $16,500 $16,500 $7,333 $82,500 $2,250 $2,250 $87,000 Page 40 of 156 DIRECTOR'S & GENERAL MANAGER'S RECAP OF TRAVEL/CONFERENCE EXPENSES THIRD QUARTER OF FY 23 JANUARY -MARCH 2023 Role Name GL Date Trip Date Trip Name Trip Location Conference Event Travel Grand Total Director DesRoches, Trudi 1/17/2023 1/18/2023 OCWA Luncheon Irvine, CA $ 30.00 $ 30.00 3/21/2023 3/15/2023 OCWA Luncheon Irvine, CA $ 30.00 $ 30.00 DesRoches, Trudi Total $ 60.00 $ 60.00 Lindsey, Tom 2/21/2023 1/27/2023 Exellence in Placentia Gala Placentia, CA $ 75.00 $ 75.00 3/21/2023 4/21/2023 ASCE Awards San Diego, CA $ 100.00 $ 100.00 Lindsey, Tom Total $ 175.00 $ 175.00 Director Total $ 235.00 $ 235.00 General Manager Toy, Mark 2/21/2023 3/23/2023 ACWA Legislative Symposium Sacramento, CA $ 325.00 $ 177.96 $ 502.96 2/21/2023 05/09/23-05/11/23 ACWA Conference Monterey, CA $ 815.00 $ 815.00 Toy, Mark Total $ 1,140.00 $ 177.96 $ 1,317.96 General Manager Total $ 1,140.00 $ 177.96 $ 1,317.96 $ 1,140.00 $ 235.00 $ 177.96 $ 1,552.96 Grand Total Page 41 of 156 ITEM NO. 8.6. Yorba Linda Water District AGENDA REPORT MEETING DATE: May 4, 2023 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Gina Knight, Human Resources and Risk Manager SUBJECT: Ratifying Revised Budgeted Positions for the Remainder of Fiscal Year 2022-23 and Amending Exhibits in the Personnel Manual for Unrepresented Employees and Yorba Linda Water District Employees Association Memorandum of Understanding RECOMMENDATION: That the Board of Directors adopt Resolution No. 2023 -XX: (1) ratifying amendments to the budgeted positions for the remainder of Fiscal Year 2022-23; (2) amending Exhibit A of the Personnel Manual for Unrepresented Employees for Fiscal Years 2019-2023; and (3) amending Exhibit A of the Yorba Linda Water District Employees Association Memorandum of Understanding (MOU) for Fiscal Years 2019-2023. BACKGROUND: In compliance with California Code of Regulations (CCR) Section 570.5 and the Public Employees' Retirement Law (PERL), the Board of Directors ratifies the District's budgeted positions prior to each fiscal year or more as often as needed. As such, the Board of Directors ratified (81) eighty-one regular full-time positions for Fiscal Year 2022-23 on May 24, 2022. Since July 12, 2022, additional salary adjustments and/or reclassifications have been implemented for the following classifications: ■ GIS Analyst (R26) to GIS Technician II (R26) with an effective date of January 1, 2023. ■ Facilities Maintenance Worker (R23) to Sr. Facilities Worker (R27) with an effective date of January 29, 2023. ■ Water Quality Tech II (R22) to Water Quality Cross -Connection Specialist (R26) with an effective date of March 12, 2023. ■ Sr. Accountant (R30) to Accounting Supervisor (R32) with an effective date of March 12, 2023. ■ One Assistant Engineer III (R26) to Associate Engineer (R28) with an effective date of March 12, 2023. ■ Safety and Training Analyst (R28) to Safety Officer (R30) with an effective date of March 12, 2023. ■ Public Affairs Manager (R29) to Public Affairs Officer (R30) with an effective date of March 26, 2023. Page 42 of 156 Additionally, Exhibit A in the Personnel Manual and the MOU will need to be amended to reflect these adjustments and/or reclassifications. FISCAL IMPACT: The fiscal impact on the budget for the remainder of Fiscal Year 2022-23 will be an increase of approximately $14,000 in salaries only. PRIOR RELEVANT BOARD ACTION: The Board of Directors routinely ratifies the budgeted positions each fiscal year and as amended. STRATEGIC PLAN INITIATIVES: G5 1A- Retain a highly skilled and capable workforce; G5 1 B - Provide pathways to training and career progression; and G5 1 D - Establish and maintain a comprehensive succession plan and review and revise job specifications as needed. ATTACHMENTS: 1. Resolution No. 2023 -XX - Personnel Related Amendments 2. Budgeted Positions for Remainder of FY22-23 - REDLINE 3. Budgeted Positions for Remainder of FY22-23 4. Amended Exhibit A of Personnel Manual - REDLINE 5. Amended Exhibit A of Personnel Manual 6. Amended Exhibit A of MOU - REDLINE 7. Amended Exhibit A of MOU Page 43 of 156 RESOLUTION NO. 2023 -XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT RATIFYING AMENDMENTS TO THE BUDGETED POSITIONS FOR THE REMAINDER OF FISCAL YEAR 2022-23; AMENDING EXHIBIT "A" OF THE PERSONNEL MANUAL FOR UNREPRESENTED EMPLOYEES FOR FISCAL YEARS 2019-2023; AND AMENDING EXHIBIT "A" OF THE MEMORANDUM OF UNDERSTANDING WITH THE YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION FOR FISCAL YEARS 2019-2023 WHEREAS, the Board of Directors previously ratified the budgeted positions for Fiscal Year 2022-23, adopted the Personnel Manual for Unrepresented Employees for Fiscal Years 2019-2023, and adopted the Memorandum of Understanding (MOU) between the District and the Yorba Linda Water District Employees Association for Fiscal Years 2019-2023; and WHEREAS, the Board of Directors is required to ratify the budgeted positions for each fiscal year in compliance with California Code of Regulations (CCR) Section 570.5 and the Public Employees' Retirement Law (PERL); and WHEREAS, the Board of Directors adopts amendments to the Personnel Manual and MOU from time to time, including the associated exhibits; and WHEREAS, the General Manager has authorized amendments to the budgeted positions for the remainder of Fiscal Year 2022-23 which need to be reflected in Exhibit A of the Personnel Manual and the MOU; and WHEREAS, it is the desire of the Board of Directors to ratify these amendments as authorized by the General Manager. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: SECTION 1. That the budgeted positions for the remainder of Fiscal Year 2022-23 be amended to read as attached hereto and ratified. SECTION 2. That the General Manager is hereby authorized to employ up to the number of employees budgeted and funded in each fiscal year without further approval of the Board of Directors. The General Manager is also hereby authorized while this Resolution is active to fill Resolution No. 2023 -XX Ratifying Budgeted Positions and Amending Exhibit A of the Personnel Manual and MOU 1 of 2 Page 44 of 156 a budgeted position that is vacated with a new employee at a lower or equal classification and/or with a part-time employee or contract staff. Further, the General Manager is hereby authorized to fix and alter the compensation of employees subject to budget limitations. SECTION 5. That Exhibit A - Classifications and Salary Ranges of the Personnel Manual for Unrepresented Employees for Fiscal Years 2019-2023 be amended to read as attached hereto and by this reference incorporated herein. SECTION & That Exhibit A -Classifications and Salary Ranges of the Memorandum of Understanding between the District and the Yorba Linda Water District Employees Association for Fiscal Years 2019-2023 be amended to read as attached hereto and by this reference incorporated herein. PASSED AND ADOPTED this 4th day of May 2023 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Brett R. Barbre, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP Resolution No. 2023 -XX Ratifying Budgeted Positions and Amending Exhibit A of the Personnel Manual and MOU 2 of 2 Page 45 of 156 Exhibit A Budgeted Positions for Remainder of FY22-23 Ratified May 4, 2023 Salary Position Classification Ratified as Change Ratified as Range of 07/01/22 of 05/04/23 16 Meter Reader 1 2 2 17 Customer Service Rep II 3 3 Maintenance Worker 1 5 5 Customer Service Rep III 2 2 19 Records Management Specialist 1 1 Assistant Engineer 1 1 1 20 Field Customer Services Rep/Meters 11 1 1 Maintenance Worker II 8 8 Accounting Assistant 11 2 2 Mechanic II 1 1 21 Public Affairs Specialist 1 1 Operations Assistant 1 1 Plant Operator I (Operator In Training) 2 2 Information Systems Tech 1 1 1 22 Water Quality Technician 11 1 -1 0 Facilities Maintenance Worker 1 -1 0 Human Resources Technician 0 0 Maintenance Worker III 6 6 23 Mechanic III 1 1 Electrical/SCADA Technician 1 1 Sr. Field Customer Service Rep/Meters 1 1 Assistant Engineer II 0 0 24 Construction Inspector 1 1 Plant Operator 11 3 3 25 Accountant 1 1 Assistant Engineer 111 2 -1 1 GIS Analyst 1 -1 0 GIS Technician 11* 0 1 1 26 Sr. Construction Inspector 1 1 Sr. Mechanic 1 1 Sr. Maintenance Worker 4 4 Water Quality Cross -Connection Specialist*** 0 1 1 Budget Analyst 1 1 27 Human Resources Analyst 2 2 Sr. Facilities Maintenance Worker** 0 1 1 Sr. Plant Operator 1 1 Associate Engineer*** 0 1 1 28 Executive Assistant 1 1 Safety and Training Analyst 1 -1 0 29 Public Affairs Manager 1 -1 0 Page 1 of 2 Page 46 of 156 Exhibit A Budgeted Positions for Remainder of FY22-23 Ratified May 4, 2023 Salary Range Position Classification Ratified as Chief Water System Operator Change Customer Service Billing Administrator 30 Public Affairs Officer**** of 05/04/23 Records Management Administrator Safety Officer*** 1 Sr. Accountant 31 Sr. Engineer 1 Accounting Supervisor*** 32 Maintenance Superintendent 1 Operations Superintendent 1 Sr. Executive Assistant/Board Secretary 33 Production Superintendent 35 Sr. IS Administrator Principal Engineer 0 Engineering Manager 39 Finance Manager Human Resources and Risk Manager 1 Operations Manager 42 Assistant General Manager Salary Set General Manager by Board Total *Reclassification effective: 01/01/2023 **Reclassification effective: 01/29/2023 ***Reclassification effective: 03/12/2023 ****Reclassification effective: 03/26/2023 Page 2 of 2 Ratified as Ratified as Change of 07101/22 of 05/04/23 1 1 1 1 0 1 1 1 1 0 1 1 1 -1 0 2 2 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 81 81 Page 47 of 156 Salary Range Exhibit A Budgeted Positions for Remainder of FY22-23 Ratified May 4, 2023 Position Classification Ratified as Change Ratified as of 07101/22 of 05/04/23 16 Meter Reader 1 2 2 17 Customer Service Rep II 4 3 Maintenance Worker 1 5 5 19 Customer Service Rep III 2 2 Records Management Specialist 1 1 Assistant Engineer 1 1 1 20 Field Customer Services Rep/Meters 11 1 1 Maintenance Worker II 8 8 Accounting Assistant 11 2 2 Mechanic II 1 1 21 Public Affairs Specialist* 0 1 Operations Assistant 1 1 Plant Operator I (Operator In Training) 2 2 22 Information Systems Tech 1 1 1 Water Quality Technician 11 1 0 Facilities Maintenance Worker 1 0 Human Resources Technician 0 0 23 Maintenance Worker III 6 6 Mechanic III 1 1 Electrical/SCADA Technician 1 1 Sr. Field Customer Service Rep/Meters 1 1 Assistant Engineer II 0 0 24 Construction Inspector 1 1 Plant Operator 11 3 3 25 Accountant 1 1 Assistant Engineer 111 2 1 GIS Analyst 1 0 GIS Technician II* 0 1 26 Sr. Construction Inspector 1 1 Sr. Mechanic 1 1 Sr. Maintenance Worker 4 4 Water Quality Cross -Connection Specialist*** 0 1 Budget Analyst 1 1 27 Human Resources Analyst 2 2 Sr. Facilities Maintenance Worker** 0 1 Sr. Plant Operator 1 1 Associate Engineer** 0 1 28 Executive Assistant 1 1 Safety and Training Analyst 1 0 29 Public Affairs Manager 1 0 Page 1 of 2 Page 48 of 156 Exhibit A Budgeted Positions for Remainder of FY22-23 Ratified May 4, 2023 Salary Position Classification Ratified as Change Ratified as Range of 07/01/22 of 05/04/23 Chief Water System Operator 1 1 Customer Service Billing Administrator 1 1 30 Public Affairs Officer*** 0 1 Records Management Administrator 1 1 Safety Officer 0 1 Sr. Accountant 1 0 31 Sr. Engineer 2 2 Accounting Supervisor" 0 1 32 Maintenance Superintendent 1 1 Operations Superintendent 1 1 Sr. Executive Assistant/Board Secretary 1 1 33 Production Superintendent 1 1 35 Sr. IS Administrator 1 1 Principal Engineer 1 1 Engineering Manager 1 1 39 Finance Manager 1 1 Human Resources and Risk Manager 1 1 Operations Manager 1 1 42 Assistant General Manager 1 1 Salary Set General Manager 1 1 by Board Total 81 81 *Reclassification effective: 01/01/2023 **Reclassification effective: 01/29/2023 'Reclassification effective: 03/12/2023 ****Reclassification effective: 03/26/2023 Ratified: 05/04/2023 Page 2 of 2 Page 49 of 156 Exhibit A Yorba Linda Water District — Unrepresented Employees Classifications and Salary Ranges €#eet+ve-December 5, 22 * Management Classifications Adopted May 4, 2023july 12, 2022 Page 50 of 156 SALARY EFFECTIVE CLASSIFICATION TITLE RANGES FLSA DATE Accountant UN 25 Exempt 12/5/2021 Accounting Assistant II UN 21 Non -Exempt 12/5/2021 Accounting Supervisor UN 32 Exempt 3/12/2023 Assistant General Manager* UN 42 Exempt 12/5/2021 Associate Engineer UN 28 Exempt 12/5/2021 Budget Analyst UN 27 Exempt 12/5/2021 Chief Water System Operator UN 30 Exempt 12/5/2021 Customer Service Billing Administrator UN 30 Exempt 12/5/2021 Engineering Manager* UN 39 Exempt 12/5/2021 Executive Assistant UN 28 Exempt 12/5/2021 Finance Manager* UN 39 Exempt 12/5/2021 Human Resources Analyst UN 27 Exempt 12/5/2021 Human Resources Technician UN 23 Non -Exempt 12/5/2021 Human Resources and Risk Manager* UN 39 Exempt 12/5/2021 Maintenance Superintendent UN 32 Exempt 12/5/2021 Operations Manager* UN 39 Exempt 12/5/2021 Operations Superintendent UN 32 Exempt 12/5/2021 Principal Engineer UN 35 Exempt 12/5/2021 Production Superintendent UN 33 Exempt 12/5/2021 Public Affairs Officer Manager* UN 30 2-9 Exempt 3/26/2023 Records Management Administrator UN 30 Exempt 12/5/2021 Records Management Specialist UN 19 Non -Exempt 12/5/2021 Safety and Training Analyst UN 28 Exempt 12/5/2021 Safety and Training Technician UN 23 Non -Exempt 12/5/2021 Safety Officer UN 30 Exempt 3/12/2023 SF. AceeURtant UN 30 Exempt 3/12/2023 Sr. Engineer UN 31 Exempt 12/5/2021 Sr. Executive Assistant/Board Secretary UN 32 Exempt 12/5/2021 Sr. Field Customer Service Representative/Meters UN 23 Non -Exempt 12/5/2021 Sr. Information Systems Administrator UN 35 Exempt 12/5/2021 Sr. Maintenance Worker UN 26 Non -Exempt 12/5/2021 Sr. Mechanic UN 26 Non -Exempt 12/5/2021 Sr. Plant Operator UN 27 Non -Exempt 12/5/2021 * Management Classifications Adopted May 4, 2023july 12, 2022 Page 50 of 156 Exhibit A Yorba Linda Water District — Unrepresented Employees Classifications and Salary Ranges * Management Classifications Adopted May 4, 2023 Page 51 of 156 SALARY EFFECTIVE CLASSIFICATION TITLE RANGES FLSA DATE Accountant UN 25 Exempt 12/5/2021 Accounting Assistant II UN 21 Non -Exempt 12/5/2021 Accounting Supervisor UN 32 Exempt 3/12/2023 Assistant General Manager* UN 42 Exempt 12/5/2021 Associate Engineer UN 28 Exempt 12/5/2021 Budget Analyst UN 27 Exempt 12/5/2021 Chief Water System Operator UN 30 Exempt 12/5/2021 Customer Service Billing Administrator UN 30 Exempt 12/5/2021 Engineering Manager* UN 39 Exempt 12/5/2021 Executive Assistant UN 28 Exempt 12/5/2021 Finance Manager* UN 39 Exempt 12/5/2021 Human Resources Analyst UN 27 Exempt 12/5/2021 Human Resources Technician UN 23 Non -Exempt 12/5/2021 Human Resources and Risk Manager* UN 39 Exempt 12/5/2021 Maintenance Superintendent UN 32 Exempt 12/5/2021 Operations Manager* UN 39 Exempt 12/5/2021 Operations Superintendent UN 32 Exempt 12/5/2021 Principal Engineer UN 35 Exempt 12/5/2021 Production Superintendent UN 33 Exempt 12/5/2021 Public Affairs Officer UN 30 Exempt 3/26/2023 Records Management Administrator UN 30 Exempt 12/5/2021 Records Management Specialist UN 19 Non -Exempt 12/5/2021 Safety and Training Analyst UN 28 Exempt 12/5/2021 Safety and Training Technician UN 23 Non -Exempt 12/5/2021 Safety Officer UN 30 Exempt 3/12/2023 Sr. Engineer UN 31 Exempt 12/5/2021 Sr. Executive Assistant/Board Secretary UN 32 Exempt 12/5/2021 Sr. Field Customer Service Representative/Meters UN 23 Non -Exempt 12/5/2021 Sr. Information Systems Administrator UN 35 Exempt 12/5/2021 Sr. Maintenance Worker UN 26 Non -Exempt 12/5/2021 Sr. Mechanic UN 26 Non -Exempt 12/5/2021 Sr. Plant Operator UN 27 Non -Exempt 12/5/2021 * Management Classifications Adopted May 4, 2023 Page 51 of 156 Exhibit A Yorba Linda Water District — Bargaining Unit Employees Association Classifications and Salary � Ranges Effective SALARY EFFECTIVE CLASSIFICATION TITLE RANGES FLSA DATE Accounting Assistant I BU 17 Non -Exempt 6/27/2022 Assistant Engineer I BU 20 Non -Exempt 6/27/2022 Assistant Engineer II BU 24 Non -Exempt 6/27/2022 Assistant Engineer III BU 26 Non -Exempt 6/27/2022 Construction Inspector BU 24 Non -Exempt 6/27/2022 Customer Service Representative I BU 15 Non -Exempt 6/27/2022 Customer Service Representative II BU 17 Non -Exempt 6/27/2022 Customer Service Representative III BU 19 Non -Exempt 6/27/2022 Electrical/SCADA Technician BU 23 Non -Exempt 6/27/2022 Facilities Maintenance Worker BU 23 Non -Exempt 6/27/2022 Field Customer Service Representative/Meters II BU 20 Non -Exempt 6/27/2022 GIS Technician I BU 24 Non -Exempt 1/1/2023 GIS nnnalys Technician II BU 26 Non -Exempt 1/1/2023 Information Systems Technician I BU 22 Non -Exempt 6/27/2022 Maintenance Worker I BU 17 Non -Exempt 6/27/2022 Maintenance Worker II BU 20 Non -Exempt 6/27/2022 Maintenance Worker III BU 23 Non -Exempt 6/27/2022 Mechanic I BU 17 Non -Exempt 6/27/2022 Mechanic II BU 21 Non -Exempt 6/27/2022 Mechanic III BU 23 Non -Exempt 6/27/2022 Meter Reader I BU 16 Non -Exempt 6/27/2022 Office Clerk BU 12 Non -Exempt 6/27/2022 Operations Assistant BU 21 Non -Exempt 6/27/2022 Plant Operator I BU 21 Non -Exempt 6/27/2022 Plant Operator II BU 24 Non -Exempt 6/27/2022 Public Affairs Specialist BU 21 Non -Exempt 6/27/2022 Sr. Construction Inspector BU 26 Non -Exempt 6/27/2022 Sr. Facilities Maintenance Worker BU 27 Non -Exempt 1/29/2023 Water Quality Technician l BU 29 Non Exempt 3/12/2023 Water Quality Technician II BU 22 Non Exempt 3/12/2023 Water Quality Cross -Connection Specialist BU 26 Non -Exempt 3/12/2023 Adopted May 4, 2023july 12, 2922 Page 52 of 156 Exhibit A Yorba Linda Water District — Bargaining Unit Employees Association Classifications and Salary Ranges SALARY EFFECTIVE CLASSIFICATION TITLE RANGES FLSA DATE Accounting Assistant I BU 17 Non -Exempt 6/27/2022 Assistant Engineer I BU 20 Non -Exempt 6/27/2022 Assistant Engineer II BU 24 Non -Exempt 6/27/2022 Assistant Engineer III BU 26 Non -Exempt 6/27/2022 Construction Inspector BU 24 Non -Exempt 6/27/2022 Customer Service Representative I BU 15 Non -Exempt 6/27/2022 Customer Service Representative II BU 17 Non -Exempt 6/27/2022 Customer Service Representative III BU 19 Non -Exempt 6/27/2022 Electrical/SCADA Technician BU 23 Non -Exempt 6/27/2022 Facilities Maintenance Worker BU 23 Non -Exempt 6/27/2022 Field Customer Service Representative/Meters II BU 20 Non -Exempt 6/27/2022 GIS Technician I BU 24 Non -Exempt 1/1/2023 GIS Technician II BU 26 Non -Exempt 1/1/2023 Information Systems Technician I BU 22 Non -Exempt 6/27/2022 Maintenance Worker I BU 17 Non -Exempt 6/27/2022 Maintenance Worker II BU 20 Non -Exempt 6/27/2022 Maintenance Worker III BU 23 Non -Exempt 6/27/2022 Mechanic I BU 17 Non -Exempt 6/27/2022 Mechanic II BU 21 Non -Exempt 6/27/2022 Mechanic III BU 23 Non -Exempt 6/27/2022 Meter Reader I BU 16 Non -Exempt 6/27/2022 Office Clerk BU 12 Non -Exempt 6/27/2022 Operations Assistant BU 21 Non -Exempt 6/27/2022 Plant Operator I BU 21 Non -Exempt 6/27/2022 Plant Operator II BU 24 Non -Exempt 6/27/2022 Public Affairs Specialist BU 21 Non -Exempt 6/27/2022 Sr. Construction Inspector BU 26 Non -Exempt 6/27/2022 Sr. Facilities Maintenance Worker BU 27 Non -Exempt 1/29/2023 Water Quality Cross -Connection Specialist BU 26 Non -Exempt 3/12/2023 Adopted May 4, 2023 Page 53 of 156 ITEM NO. 8.7. Yorba Linda Water District AGENDA REPORT MEETING DATE: May 4, 2023 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Rosanne Weston, Engineering Manager Reza Afshar, Senior Engineer Ethan Nakano, Associate Engineer SUBJECT: Declaration of Restrictive Covenants with the Property Owners of 4242 Avocado Avenue, Yorba Linda RECOMMENDATION: That the Board of Directors authorize the Board President and General Manager to execute a Declaration of Restrictive Covenants with the property owners of 4242 Avocado Avenue, Yorba Linda. SUMMARY: The District has a recorded dedicated easement located on 4242 Avocado Avenue. The property owners are requesting to retain the new encroachments as shown in the attached exhibit. District staff reviewed the encroachments and recommends execution. FISCAL IMPACT: None BACKGROUND: The property owners have constructed improvements on their property that encroach on a 15 -foot wide easement dedicated to the District at 4242 Avocado Avenue. The encroachments include a block wall, fence, and concrete pavement within and along the easement area as shown in the attached exhibit. The District has an existing 6 -inch and 8 -inch water main within the easement. Staff recommends the execution of the Declaration of Restrictive Covenants, subject to approval as to form by General Counsel. If the District needs to work within the easement to facilitate repairs or replacement of its water facilities, the property owners' improvements may need to be removed and may be damaged in the process. The owners understand that with the execution of the Declaration of Restrictive Covenants, the District would not be liable for replacement or damage to these improvements. PRIOR RELEVANT BOARD ACTION: Page 54 of 156 The Board of Directors has authorized the execution of similar Declarations of Restrictive Covenants with various developers and property owners. REVIEWED BY GENERAL COUNSEL: Yes ATTACHMENTS: Declaration of Restrictive Covenants Page 55 of 156 RECORDING REQUESTED BY and when recorded return to: Yorba Linda Water District P.O. Box 309 Yorba Linda, California 92885-0309 This is to certify that this Declaration of Restrictive Covenants is presented for recording under the provisions of Gov. Code Sec. 27383 by the Yorba Linda Water District in performance of an official service thereof. R. Mark Toy General Manaqer JOB/PROJECT # CONTRACT # Space Above This Line for Recorder's Use DECLARATION OF RESTRICTIVE COVENANTS (ENCROACHMENT ON YLWD EASEMENT) THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration") is made and effective on , 2023, by and between YORBA LINDA WATER DISTRICT ("YLWD"), a public agency, created and operating under the authority of Division 12 of the California Water Code, and DIANE and MITCH WITTENBERG ("Owner"). YLWD and Owner are sometimes referred to herein individually as "Party" and collectively as "Parties". RECITALS A. The Owner is the legal owner of that certain real property located at 4242 AVOCADO AVENUE ("Subject Property"), which is more particularly described as follows: PARCEL 1 IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 1994, PAGE 464 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. B. YLWD owns an Easement, as identified on a Deed of Easement, recorded on APRIL 11, 2007, under No. 2007000233226, Official Records of Orange County, California ("Easement"), across a portion of the Subject Property. The Easement is attached as Exhibit "A". Within the Easement, YLWD owns and maintains a water main and appurtenant structures ("YLWD Facilities"). C. The Owner has constructed a block wall, fence, and concrete pavement (collectively herein referred to as "Improvements") within and along the Easement area. This Declaration prohibits Owner, without YLWD's authorization and a recorded YLWD DRC Rev. 02/08/21 Page 56 of 156 JOB/PROJECT # CONTRACT # amendment to this Declaration, from constructing and/or retaining any improvements ("Unauthorized Improvements") other than the Improvements. D. The construction, existence, and/or use of the Improvements within and along the Easement area is hereinafter referred to as the "Encroachment", which is illustrated in Exhibit "B" attached hereto. E. YLWD conditionally consents to the Encroachment as stipulated in this Declaration. The Owner is aware and hereby acknowledges that the Improvements may lead to problems affecting and/or interfering with YLWD's use of the Easement and access to YLWD Facilities. F. Although the construction and subsequent existence of the Improvements within and along the Easement area may interfere or restrict YLWD's Easement rights, which may cause the Improvements to be damaged or demolished as authorized under this Declaration, the Owner wishes to use the Improvements within or along the Easement area while assuming full responsibility and liability, and shall pay an amount not to exceed a charge by a licensed professional contractor, for any cost(s) or damage(s) to the YLWD Facilities arising from the Encroachment. DECLARATION NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and conditions herein, the Parties declare as follows: 1. Covenant Running with Land. This Declaration constitutes a covenant running with the land as provided by the California Civil Code Section 1468 and shall benefit, burden, and bind the successive owners of the Subject Property and the Easement. 2. Successors and Assigns Obligation. Since the Owner wishes to retain the Encroachment, this Declaration obligates the current and future owners of the Subject Property to remedy any current and future adverse events and to fund any necessary maintenance and repair costs on the Easement and/or Subject Property that may arise in full or in part due to the existence, construction, or damages to the Easement and/or YLWD Facilities caused by the Encroachment. 3. Damages to YLWD Facilities. The Owner assumes full responsibility and liability and shall pay for any cost(s) or damage(s) to the YLWD Facilities, arising from the Encroachment. YLWD shall not be responsible for any cost(s) or damage(s) to the YLWD Facilities that arise from the Encroachment. 4. Damages to Third Parties. The Owner, its successors or assigns, agrees to defend, indemnify and hold YLWD, its officers, directors, employees, agents, and consultants, harmless against any third -party claims arising out of the Encroachment excluding, however, such liability, claims, losses, damages or expenses arising from YLWD's sole negligence or willful acts during removal, reconstruction or repair of YLWD Facilities. YLWD DRC Rev. 02/08/21 Page 57 of 156 JOB/PROJECT # CONTRACT # 5. Damages to Improvements. The Owner acknowledges that the Improvements may be damaged or demolished to permit access to, or work within and under, the Easement area and YLWD Facilities. YLWD, its officers, directors, employees, agents, and consultants, shall not be responsible or liable for any damage(s) to, or demolition of, the Improvements which result from YLWD's exercise of rights under the Easement. The Owner, its successors or assigns, waives all known, unknown, and future claims, liabilities, causes of action, and expenses (including, but not limited to, attorneys' fees) against YLWD, its officers, directors, employees, agents, and consultants, for losses and damages to the Improvements and from any obligation to protect, preserve, repair, or replace the Improvements. 6. Unauthorized Improvements. Owner shall not construct and/or retain any improvements other than the Improvements. If Owner constructs and/or retains any improvement other than the Improvements, YLWD may (a) require the improvement to be removed promptly at the Owner's expense, (b) revoke the Encroachment, and/or (c) exercise any other legal remedy available to YLWD. Such Unauthorized Improvements shall be treated as Improvements and subject to this Declaration until YLWD makes it election under (a), (b), and/or (c) of this provision. GENERAL PROVISIONS 7. Recitals. The above recitals are true and correct. 8. Entire Agreement. This Declaration represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral. 9. Amendment to this Declaration. This Declaration may be amended only by written instrument signed by the Parties. 10. No Implied Waivers. If any term, condition, or provision of this Declaration is breached by either Party and thereafter waived by the other Party, that waiver will be limited to the specific breach so waived, and will not be deemed either to be a continual waiver or to waive any other breach under this Declaration. 11. Governing Law and Interpretation. This Declaration is to be governed under the laws of the State of California and interpreted according to its plain meaning as if drafted by both YLWD and Owner. 12. Relationship of Parties. Nothing in this Declaration shall be deemed to create any form of business organization between the Parties, including, without limitation, a joint venture or partnership. 13. Resolution of Disputes. Pursuant to California Code of Civil Procedure Sections 638 et seq., any dispute arising out of this Declaration shall be resolved by judicial reference, in Orange County, by one judicial referee to determine all issues in YLWD DRC Rev. 02/08/21 3 Page 58 of 156 JOB/PROJECT # CONTRACT # dispute, whether of fact or of law, and to report a statement of decision. This is a waiver of any right that may exist to a jury trial, but the right to appeal is preserved. The Parties shall meet to select the referee no later than thirty (30) days after service of the initial complaint on all defendants named in the complaint. The referee must have substantial experience in the type of matter in dispute and without any relationship to either Party, unless the Parties agree otherwise. All costs incurred in connection with the judicial reference proceeding, including the cost of the stenographic record, shall be advanced equally by the Parties. However, the referee shall have the power to reallocate such costs among the Parties in the referee's statement of decision. 14. Attorney's Fees. In the event of any claim or legal action arising out of this Declaration, the prevailing party shall be entitled to reasonable costs and expenses, including attorney's fees. 15. Severability. If any provision, right, or covenant of this Declaration is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the voided provision, right, or covenant shall be deemed severed from the remaining provisions of this Declaration, which shall remain valid and enforceable as permitted by law, and the Parties shall negotiate in good faith to replace the unenforceable provision(s) in accordance with the original purpose and intent of this Declaration so stated in the above Recitals. 16. Counterparts. This Declaration may be signed in multiple counterpart copies (signatures may be by facsimile or electronic mail), each of which shall be deemed an original. 17. Capacity of Signatory. The undersigned executing this Declaration on behalf of YLWD and Owner hereby personally warrant by signing this Declaration that they are authorized to bind such Party in executing this Declaration and are acting within the course and scope of that authority. YLWD DRC Rev. 02/08/21 4 Page 59 of 156 JOB/PROJECT # CONTRACT # 18. Recordinq of Declaration. This Declaration shall be recorded in the Office of the Recorder of the County of Orange, California, and shall constitute notice to all successors and assigns of the title to the Subject Property of the rights and obligations set forth herein. Approved as to Form: YORBA LINDA WATER DISTRICT Kidman Gagen Law, LLP Andrew B. Gagen Brett R. Barbre General Counsel Board President Rosanne P. Weston R. Mark Toy Engineering Manager General Manager OWNER: Diane Wittenberg Mitch Wittenberg YLWD DRC Rev. 02/08/21 5 Page 60 of 156 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 107, before me, JOB/PROJECT # CONTRACT # (insert name and title of officer) Personally appeared Diane Wittenberg, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature YLWD DRC Rev. 02/08/21 (Seal) A Page 61 of 156 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) On before me, JOB/PROJECT # CONTRACT # (insert name and title of officer) Personally appeared Mitch Wittenberg, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature YLWD DRC Rev. 02/08/21 (Seal) Page 62 of 156 EXHIBIT "A" (Deed of Easement) YLWD DRC Rev. 02/08/21 JOB/PROJECT # CONTRACT # Page 63 of 156 RECORDING REQUESTED BY: Yorba Linda Water District WHEN RECORDED MAIL TO: Yorba Linda Water District P.O. Box 309 Yorba Linda, CA 92885 - 0309 This is to certify that this Deed of Easement is presented for recording under the provisions of Gov. Code Sec. 6103 by the Yorba Linda Water District in performance of an official service thereof. r Secretary Recorded in Official Records, Orange County Torn Daly, Clerk -Recorder IIII!!1!lIiIII!Pllllilll!!11!Iilllllllillllllll!III!!!li1!1►11!I!III!!IIIINO FEE 2007000233226 02.-46pm 0411/07 115 45 E01 6 0.00 0.00 0.00 o.00 0.00 0.00 O.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE AI Ronald D. Stickngy DEED OF EASEMENT Job No. 200618 OWNER(s) of the hereinafter described strip(s) of land in Orange County, California, for good and valuable consideration, receipt of which is hereby acknowledged, do hereby grant to Yorba Linda Water District, a public corporation, and its successors exclusive perpetual easements in, on, over, under, across and through said strip(s) of land to install, construct, reconstruct, remove and construct parallel lines, inspect, maintain, repair, replace, improve, relocate and remove a pipeline or pipelines with incidental appurtenances and connections in, on and under said strip(s) of land and to use said pipeline or pipelines, appurtenances and connections for distribution and use of water for irrigation and domestic purposes, and for the collection and transmission of waste water, storm water and/or sewage, together with reasonable rights of entry to said strip(s) of land for the exercise of the rights herein granted. Grantors for themselves and their successors in ownership of said strip(s) of land hereby acknowledge that use of any part or all of said strip(s), or the adjoining lands for fences, structures, trees and other things now and hereafter on any part of said strip(s) constituting an interference with the exercise of any of the easements and rights granted by this deed exist and will continue to exist by permission of the Yorba Linda Water District and its successors, and not adversely to any of said easements and each successor in interest of the granters by acceptance of a conveyance of said strip(s) of land, admits and agrees that any such use is a continuing permissive use. Said strip(s) of land is (are) described as follows: The real property described in Exhibit "A" and shown on Exhibit `B" attached hereto, and by this reference made a part hereof. Page 64 of 156 WITNESS (my) (our) hand(s) the date following our signatures below: (If a corporation, the corporate seal shall be affixed near the signatures of the duly authorized officers) (ALL SIGNATURES SHALL BE NOTARIZED). ,A,,J/J—t', 5 77 c—ks �. Owner B By A CERTIFICATE OF ACCEPTANCE Date �l 1lP f Date This is to certify that the interest in real property conveyed by the Deed of Easement dated C 200 Pt from /tt � sre to Yorba Linda Water District, a public corporation and/or governmental agency is hereby accepted by order of the Board of Directors on September 25, 1961 and the grantee consents to recordation thereof by its duly authorized officer. /Z f Michael A. Payne, General Manager YORBA LINDA WATER DISTRICT Date Page 65 of 156 4242 Avocado Avenue EXHIBIT "A" AN EASEMENT FOR WATER LINES AND INCIDENTAL PURPOSES OVER THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF LOT 1 IN BLOCK 10 OF THE YORBA LINDA TRACT, IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 17 AND 18 OF MISCELLANOUS MAPS, IN THE OFFICE OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNINING AT THE NORTHEASTERLY CORNER OF LAND DESCRIBED AS PARCEL 1 IN THE DEED TO JOHN D. ARDAIZ AND WIFE, RECORDED APRIL 5, 1950 IN BOOK 1994, PAGE 464 OF OFFICIAL RECORDS, SAID POINT BEING IN THE NORTH LINE OF SAID LOT 1, DISTANT SOUTH 89037'45" WEST 677.92 FEET FROM THE NORTHEAST CORNER OF LOT 2 IN SAID BLOCK 10; THENCE SOUTH 2°38'30" EAST 136.08 FEET TO A POINT HERETOAFTER REFERRED AS POINT "A"; THENCE SOUTH 88°21' 19" WEST 7.50 FEET TO THE TRUE POINT OF BEGINNING SAID POINT BEING THE BEGINNING OF THE CENTERLINE OF AN EASEMENT 15.00 FEET IN WIDTH LYING 7.50 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED LINE; THENCE NORTH 2°38'30' WEST 23.00 FEET; THENCE SOUTH 88121'19" WEST 39.76 FEET; NORTH 0038'05" EAST 84.05 FEET TO ITS TERMINUS, THE SIDELINES LENGHTENED OR SHORTENED TO INTERSECT SIDELINES. (1) ALSO, BEGINNING AT AFORMENTIONED POINT "A"; THENCE NORTH 2038'30" WEST 30.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88021'19" WEST 15.00 FEET; THENCE NORTH 2138'30" WEST 60.87 FEET; THENCE SOUTH 89037'45" WEST 20.83 FEET; THENCE NORTH 0038'05" EAST 15.00 FEET; THENCE NORTH 89037'45" EAST 34.98 FEET; THENCE SOUTH 2038'30" EAST 75.55 FEET TO THE TRUE POINT OF BEGINNING. (2) � �A,L LAAf� ' I. -4 L NO, 4060 _ -3, Page 1 of 2 Page 66 of 156 I 4242 Avocado Avenue EXHIBIT "B" N 89'37'45" E 130.24' N 89'37'45" E 34.98 N 00'38'05" E 15.00 Z— 4--- — — o_ 0 00 + C 0 I z z � S 89'37'45" W I o N w 0 N 20.83 Li I C0 co z 0 ci 0 W O SIO I �I(� `c' `Z <�ff�j I o0000 JI(; JW Qi N 89'37'45" E I Z( g U C /2.00' E I 15' , E7.50' LS 88'21'19" W — 39.76' 0 o Cn a N 88'21'19" E 131.79' Scale: 1 "=30' S 88'21'19" W 1 am' - T.P.0.8.(2) i T.P.0.B.(1) Point "A" S 88'21'19" W N 02'38'30" W I 7.50' 23.00 I z O N W a) J I � Ik',_ -EAfty N 89'49'00" E 133.90' Page 2 of 2�_„„ Page 67 of 156 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE ss. On March 19, 2007 before me, Amelia Cloonan, Notary Public Date Name and Title of Officer (e.g.. "Jane Doe, Notary Public') personally appeared Rona 1 d D . S t is kn ey 3 AF _ �� +►r�s t� .'� Name(s) of Signer(s) jMjpersonally known to me roved to me on the basis of satisfactory evidence to be the person/ whose nameX is/l subscribed to the within instrument and acknowledged to me that he/shoAhey-executed the same in his/he4thoir authorized capacityki<,, and that by his/heMheir signature on the instrument the person(Wor the entity upon behalf of which the personX acted, executed the instrument. WITH,F,SS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Deed of Easement, Job No. 200616 Document Date: 03-19-07 Number of Pages: 4 Total Signer(s) Other Than Named Above: none Capacity(ies) Claimed by Signer Signer's Name: Ronald D. Stickney' Individual Top of thumb here C Corporate Officer — Title(s): Partner — 01 Limited O General C Attorney -in -Fact Trustee C Guardian or Conservator Other: Signer is Representing: self v inns ivammnai rotary nssocaanon • asou ue Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 Page 68 of 156 CALIFORNIA ALL-PURPG..i ACKNOWLEDGMENT State of County of ' amer On Dati personally appeared N Name(s) of Signer(s) personally known to me proved to me on the basis of satisfactory evidence to be the personWwhose nameWl! /are subscri ed to the within instrument and ac nowledged to me that she/they executed the same in/her/their authorized capacity(-i�< and that by /her/their signature(&Yon the instrument the perso , or the entity upon behalf of which the person�sy acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONALI— Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docu Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ ❑ El ❑ Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER •• of ■' Il�t__Vfiwv� Signer's Name: ❑ ❑ ❑ El El Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER O 1996 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 Page 69 of 156 EXHIBIT "B" (Encroachments Exhibit) YLWD DRC Rev. 02/08/21 JOB/PROJECT # CONTRACT # Page 70 of 156 EX. ROAD o Q �`' EX. HYDRANT_ Q � w -NEW FE EX. CONCRETE PAD I r I EX. WATER LINE 15' YLWD EASEMENT I EX. RETAINING :) WALL �� F 4242 AVOCADO AVENUE EX. HOUSE EX. TREE f'" �' • ..,: 1 I\/' I I PA I I i Pnpwn- NEW RETAINING WALL EXISTING RETAINING WALL NEW FENCE EXISTING WATER LINE NEW CONCRETE PAVING I NEW RETAINING -/L- - - - I - \ WALL L- NEW CONCRETE I w PAVING �--- --- EX. WATER LINE II I III - - - - - - - EXISTING YLWD EASEMENT SITE Iq EXISTING HYDRANT LOCATION 15' WIDE YLWD EASEMENT PER RECORDED DOCUMENT #2007000233226 OF OFFICIAL RECORDS DISCLAIMER: THIS EXHIBIT WAS CREATED BASED OFF OF HAND MEASUREMENTS TAKEN IN THE FIELD. LOCATION OF FEATURES SHOWN MAY VARY AS SURVEY WAS NOT CONDUCTED TO ATTAIN A HIGH LEVEL OF ACCURACY. PREPARED BY: - YORBA LINDA WATER DISTRICT 1717 E. MIRALOMA AVENUE PLACENTIA, CALIFORNIA 92870 (714) 701-3000 P /L I 15' YLWD o (EASEMENT Q 0 w I 25, ROAD & PUBLIC UTILITY EASEMENT NEW RETAINING WALL & FENCE EX. RETAINING WALL WITH NEW FENCE I I EXHIBIT "B" 4242 AVOCADO AVENUE SCALE: 1"=30' DATE: 10/3/2022 FILENAME: Y Q 0 < z Lu o N = O Ouj 0 2 O < O LA CASITA AVE. VICINITY MAP N.T.S. EXHIBIT "B" 4242 AVOCADO AVENUE SCALE: 1"=30' DATE: 10/3/2022 FILENAME: ITEM NO. 9.1. Yorba Linda Water District AGENDA REPORT MEETING DATE: May 4, 2023 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Doug Davert, Assistant General Manager Malissa Muttaraid, Interim Public Affairs Officer SUBJECT: Positions on Federal Legislation RECOMMENDATION: That the Board of Directors consider taking positions on the following legislation: HR 872 - Federally Integrated Species Health (FISH) Act; and HR 215 - Working to Advance Tangible and Effective Reforms (WATER) for California Act. BACKGROUND: HR 872 — Federally Integrated Species Health (FISH) Act Link to Full Bill Text This bill gives the Fish and Wildlife Service (FWS) the sole authority to protect endangered or threatened species that are anadromous species (species of fish that spawn in fresh or estuarine waters and that migrate to ocean waters) or catadromous species (species of fish that spawn in ocean waters and migrate to fresh or estuarine waters). Currently, the National Marine Fisheries Service is responsible for mainly marine wildlife such as whales and anadromous fish, such as salmon. This bill would consolidate the authorities and give FWS unilateral authority via the Endangered Species Act for all anadromous and catadromous species. Shared jurisdiction between FWS and the National Marine Fisheries Service can lead to contradictory federal water management decisions. HR 215 — Working to Advance Tangible and Effective Reforms (WATER) for California Act Link to Full Bill Text H.R. 215, the WATER for California Act was introduced by Rep. David Valadao (CA -22) on January 10, 2023. The bill aims to increase water conveyance from the Sacramento -San Joaquin River Delta and advance surface water infrastructure projects to improve drought resiliency and stability of operations of the Central Valley Project and State Water Project. The bill would, among other items: ■ Reinstate the 2019 Biological Opinions (BiOps) governing coordinated operations of the Central Valley Project and State Water Project. ■ Make the Shasta Enlargement Project eligible for federal funding. Page 72 of 156 ■ Reauthorize surface storage and conveyance program authorized by the 2016 WIIN Act. ■ Prioritize allocation of water to Central Valley Project contractors. ■ Expedite completion of the refuge water supply program under the Central Valley Project Improvement Act. PRIOR RELEVANT BOARD ACTION: The Board of Directors adopted the 2023 Legislative Platform on November 16, 2022. STRATEGIC PLAN INITIATIVES: G1 5A - Meeting with lobbyists, representatives, and regulators at all levels (local/state/federal).; G1 5B - Actively participate with existing water/sewer organizations on regulatory and emerging issues.; G4 2D - Communicate emerging water quality and sewer issues/regulations. ATTACHMENTS: 1. YLWD 2023 Legislative Platform Final 2. Memorandum from Townsend Public Affairs 3. HR 215 - WATER for California Act 4. HR 872 - Federally Intergrated Species Health (FISH) Act Page 73 of 156 2 0 2? ]Water Yorba Linda District LEGISLATIVE PLATFORM V'A 0 • 0 IN ]Water Yorba Linda District [are]01a01V 41YA «del[►yW_71 I kyja»_71 0]:l MA Purpose, Process, & Guiding Principles..............................................................................................................2 LegislativePositions.............................................................................................................................................. 3 WaterSupply............................................................................................................................................. 3 WaterQuality............................................................................................................................................3 WaterUse Efficiency................................................................................................................................ 3 Environment............................................................................................................................................... 4 Energy........................................................................................................................................................ 4 Fiscal........................................................................................................................................................... 4 LocalControl.............................................................................................................................................5 Other.......................................................................................................................................................... 5 ylwd.com 1 714-701-3000 1 1717 Miraloma Ave, Placentia CA 92870 1 Page 75 of 156 ®Yorba Linda Water District 2023 LEGISLATIVE PLATFORM ylwd.com 1 714-701-3000 1 1717 Miraloma Ave, Placentia CA 92870 2 Page 76 of 156 GUIDING PRINCIPLES PURPOSE This document serves as the guide by which the Yorba Linda Water District (YLWD) actively engages with legislation through Seek funding opportunities for monitoring and communications activities. The 2023 YLWD YLWD projects through grants, appropriations, or other means. Legislative Platform represents the District's position on current or Help YLWD access additional future issues that have the potential to impact the District or its funding sources that will interests. promote local reliability projects. Support measures that promote Below are the Guiding Principles and Policy Statements that will fiscal stability, predictability, financial independence, and allow District staff and consultants to address 2023 legislative and preserve the District's financial regulatory issues promptly, without precluding the consideration independence. Oppose of additional legislative and budget issues that may arise during measures that do not provide the legislative session. adequate funding to the District such as unfunded mandates or Furthermore, the 2023 Legislative Platform is an important mandated costs with no guarantee of local advocacy tool to present and deliver to elected officials who reimbursement or offsetting represent the YLWD service area locally or in Sacramento and benefits. Washington D.C. Sharing policy statements and positions on common legislative and regulatory issues with elected officials helps to shape policy decisions and positions YLWD to be a Preserve and protect the leader in the community for legislative and regulatory topics. District's powers, duties, andprerogatives to operate within its service area and to determine PROCESS the policy direction of local affairs, and oppose legislation Legislative positions will be recommended by YLWD staff and the that preempts local authority. District's legislative advocates and submitted to the Board of Local agencies should preserve authority and accountability for Directors for their consideration revenues raised and services In times where the legislative position of the District is unable to provided, including maintaining the ability to charge for services go to the Board of Directors in time before it is acted upon in the rendered or collect proportional Legislature, as long as it is in line with the adopted legislative impact, connection, or capacity platform or the position taken is the same as any local agency fees. partners or association agencies including but not limited to the Support Regulatory Association of California Water Agencies (ACWA), Metropolitan Streamlining Water District of Southern California (MWDSC), the Municipal Support legislation that aims to Water District of Orange County (MWDOC), Orange County streamline the regulatory Water District (OCWD), Orange County Sanitation District (OCSD) environment by reducing the California Special District's Association (CSDA), Community regulation, reviewing regulation, Water Systems Alliance (CWSA), or the California Association of or proposing regulations without affecting YLWD's ability to Sanitation Agencies (CASA), the Board President can sign operate safely and effectively. position letters on behalf of the District. If the Board President Oppose redundant regulatory takes any legislative position due to this process, the legislative processes or procedures that increase costs and add time to position will still be brought before the next Board of Directors projects without justifiable meeting after the fact for discussion and direction. benefits ylwd.com 1 714-701-3000 1 1717 Miraloma Ave, Placentia CA 92870 2 Page 76 of 156 ]Water Yorba Linda District LEGISLATIVE POSITIONS Water Supply 41YA «del[►yW_71 I kyja»_71 0]:l MA • Support legislation that improves the supply and security of water to the Yorba Linda Water District service area, including stormwater capture and dry weather runoff. • Support legislation that aims to increase water recycling, potable reuse, groundwater recharge, above ground storage, and surface water development. • Support legislation that encourages, funds, and maintains water recycling systems like the Ground Water Replenishment System that is managed by Orange County Water District. • Support legislation and policies that provide for a solution to the problems in the Sacramento - San Joaquin River Delta that strikes a balance between agricultural demands and urban water needs. • Support funding opportunities that provide local reliability, conveyance, and storage facilities for YLWD. • Support declaring water desalination as extraordinary supply. • Support desalination projects where the cost provides good value because of the resilience achieved. • Reward districts that can prove their water use is recycled 100%. Water Quality • Oppose legislation or policies that add redundant water testing, water quality, or environmental constraints to YLWD. • Support legislation and funding that helps agencies meet state and federal water quality standards. • Support legislation or regulations that aim to provide source -control measures at no cost to the District to prevent contaminants such as PFAS/PFOA from entering the water supply. Water Use Efficiency • Oppose legislation that establishes water conservation and water use efficiency programs that unreasonably constrain YLWD or its customers. • Oppose measures that fail to recognize augmented or alternative water supplies as an efficient use of water, or that fail to provide an adequate incentive for investments in such water, for potable or non -potable reuse. • Oppose measures that require water efficiency standards or performance measures that are infeasible, not practical, or fail to achieve a positive cost -benefit ratio. ylwd.com 1 714-701-3000 1 1717 Miraloma Ave, Placentia CA 92870 3 Page 77 of 156 ]Water Yorba Linda District LEGISLATIVE POSITIONS (Continued) Environment 41YA «del1.1W_1 I kyla»_1 I U] all • Support the goals of National Endangered Species Act Reform Coalition (NESARC). • Support legislation that aims to clarify, streamline, and modernize the California Environmental Quality Act (CEQA). • Support unique solutions and partnerships to collectively address and respond to natural disasters such as wildfires, including the continued use and expansion of Heli -Hydrants and emergency generators. • Support policies and legislation that help fund the cleanup and removal of PFAS/PFOA contaminants from groundwater supplies. • Support polluter -pays principles when assigning responsibility for the contamination and cleanup of environmentally destructive substances. • Support legislation or regulations that discourage the flushing of wipes or other foreign substances through the sewer system, unless they meet certain performance standards. • Oppose assigning superfund liability to water districts who treat water to remove PFAS. Energy • Oppose legislation that increases the cost of electricity or other utilities for YLWD. • Support legislation and policies that recognize hydroelectric power as a clean, renewable energy source and that its generation and use meet the greenhouse gas emission reduction compliance requirements called for in the Global Warming Solutions Act of 2006 (AB 32) and subsequent related legislation. • Monitor and support any legislative development that would provide relief for the use of diesel emergency power generators during State of Emergency events affecting the local electrical utility. • Oppose the removal of natural gas as a viable energy source. Fiscal • Support the development of bond or general fund programs for water supply development, including new surface and groundwater storage, water quality, recycled water, desalination, and water use efficiency related programs. • Oppose legislation that places unnecessary or unfair regulations on pension liabilities. • Support an equitable approach to the disbursement of State Revolving Fund revenues for a wide variety of projects. • Oppose legislation and regulations that tax water as a public goods charge and redistributes the revenue throughout the State. • Support state and federal revenue sources for water infrastructure projects that address water quality and reliability issues for disadvantaged and income -limited communities and residents that are not based upon regressive taxes. • Support the protection of local revenue for use by special districts and the maintenance of reserve accounts of water agencies. • Support efforts that seek to bring federal sources of funding to California for water infrastructure development and water management. ylwd.com 1 714-701-3000 1 1717 Miraloma Ave, Placentia CA 92870 4 Page 78 of 156 ]Water Yorba Linda District LEGISLATIVE POSITIONS (Continued) Local Control 41YA «del[►yW_71 I kyla»_71 I U] all kTA • Oppose legislation that seeks to diminish or alter the authority of the Board of Directors to manage the District's water systems or operations, impose unreasonable unfunded state mandated programs, or increase fees or taxes on YLWD customers. • Oppose legislation that would degrade YLWD's authority in the area of public contracts, procurement, financial administration, public records, and human resources. • Oppose legislation that would dissolve YLWD or transfer its duties to other agencies. • Oppose legislation that would affect YLWD's ability to protect and secure critical infrastructure from cyber or physical threats and damages. • Oppose legislation that places mandates, or otherwise modifies the governance structure of special districts, joint powers authorities, or other local government entities. • Support legislation that eliminates regulations between employees and employers that place undue fiscal harm on special districts. • Oppose legislation that mandates additional duties upon special districts to facilitate public meetings or transparency without cause or funding. • Oppose legislation that prevents water agencies from recovering sufficient revenues from connection and capacity fees and oppose legislation that restricts the ability of agencies to charge fees for services. Other Monitor legislation that would change or expand current prevailing wage requirements. Oppose legislation that creates additional water agencies within or inclusive of the YLWD service area outside of the LAFCO process, or without the support of residents and local public agencies. ylwd.com 1 714-701-3000 1 1717 Miraloma Ave, Placentia CA 92870 5 Page 79 of 156 T 0 1 N SEND PUSt_1C AFFAIRS r - - TPA -o MEMORANDUM To: Yorba Linda Water District From: Townsend Public Affairs, Inc. Ben Goldeen, Federal Advocacy Manager Eric O'Donnell, Deputy Director Date: April 25, 2023 Subject: HR 872 - Federally Integrated Species Health (FISH) Act HR 215 - Working to Advance Tangible and Effective Reforms (WATER) for California Act HR 872 — Federally Integrated Species Health (FISH) Act Authorship HR 872 is sponsored by Congressman Ken Calvert (CA -41) and is co-sponsored by Representatives Jim Costa (CA -21), Mike Simpson (ID -2), Tom McClintock (CA -5), Michelle Steel (CA -45), Jay Obernolte (CA -23), and Darrell Issa (CA -48). Summary This bill gives the Fish and Wildlife Service (FWS) the sole authority to protect endangered or threatened species that are anadromous species (species of fish that spawn in fresh or estuarine waters and that migrate to ocean waters) or catadromous species (species of fish that spawn in ocean waters and migrate to fresh or estuarine waters). Currently, the National Marine Fisheries Service is responsible for mainly marine wildlife such as whales and anadromous fish, such as salmon. This bill would consolidate the authorities and give FWS unilateral authority via the Endangered Species Act for all anadromous and catadromous species. Shared jurisdiction between FWS and the National Marine Fisheries Service can lead to contradictory federal water management decisions. Analysis and Next Steps The FISH Act is a bipartisan bill and seeks to address an issue that has long had bipartisan, if not majority support in Congress. The overlapping regulatory framework of anadromous fish was even a line in President Barack Obama's 2011 State of the Union Address where he used it as an example of the need to reorganize the federal government. State Capitol Office • 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 Federal Office • 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 Southern California Office • 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 Central California Office • 744 P Street • Suite 308 • Fresno, CA 93721 • Phone (949) 399-9050 Northern California Office • 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 Page 80 of 156 H.R. 872 was the subject of a House Natural Resources Committee field hearing in Tulare, CA on April 11, 2023. The hearing sets the bill up for possible consideration by the Committee and full House of Representatives at some point in the 118th Congress. Congressman Calvert has introduced the FISH Act in each of the previous four Congresses dating back to 2017. The bill has not received a vote in committee during that time. HR 215 — Working to Advance Tangible and Effective Reforms (WATER) for California Act Authorship HR 215 is sponsored by Congressman David Valadao (CA -22) and is co-sponsored by Representatives Ken Calvert (CA -41), Mike Garcia (CA -27), Kevin McCarthy (CA -20), John Duarte (CA -13), Kevin Kiley (CA -3), Young Kim (CA -40), Doug LaMalfa (CA -1), Tom McClintock (CA -5), Michelle Steel (CA -45), Jay Obernolte (CA -23), and Darrell Issa (CA -48). Summary H.R. 215, the WATER for California Act was introduced by Rep. David Valadao (CA -22) on January 10, 2023. The bill aims to increase water conveyance from the Sacramento -San Joaquin River Delta and advance surface water infrastructure projects to improve drought resiliency and stability of operations of the Central Valley Project and State Water Project. The bill would, among other items: • Reinstate the 2019 Biological Opinions (BiOps) governing coordinated operations of the Central Valley Project and State Water Project. • Make the Shasta Enlargement Project eligible for federal funding. • Reauthorize surface storage and conveyance program authorized by the 2016 WIIN Act. • Prioritize allocation of water to Central Valley Project contractors. • Expedite completion of the refuge water supply program under the Central Valley Project Improvement Act. Analysis and Next Steps H.R. 215 was the subject of a House Natural Resources Committee field hearing in Tulare, CA on April 11, 2023 which included witnesses from several Central Valley water stakeholders. Witnesses largely spoke in favor of the bill, however statements submitted for the record from both the U.S. Department of Commerce and U.S. Department of Interior expressed opposition to the bill. The statement from Interior read in part: "Reclamation must operate the CVP within a complex environment that serves multiple parties and interests. H.R. 215 would reduce the ability of State and federal agencies to balance these interests. H.R. 215 would mandate Reclamation to act without full consideration of possible negative outcomes, complicate CVP-SWP operations, and prioritize a few authorized purposes above other authorized purposes and statutory obligations of the CVP, such as fish and wildlife mitigation. As such, the Department cannot support H.R. 215." Page 81 of 156 Cosponsors of the bill are all eleven Republican members of the California House delegation, including House Speaker Kevin McCarthy. The bill does not have any Democratic cosponsors. There is no Senate companion bill. The field hearing on the bill sets up possible consideration in the House Natural Resources Committee followed by consideration by the full House of Representatives. Speaker McCarthy can opt to bring the bill to the floor as a standalone piece of legislation or as part of a larger water package that may be considered during the 118th Congress. Page 82 of 156 AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO I 118TH CONGRESS H. R. 215 1ST SESSION To provide long-term water supply and regulatory reliability to drought - stricken California, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 9, 2023 Mr. VALADAo (for himself, Mr. MCCARTHY, Mr. CALVERT, Mr. DUARTE, Mr. MIKE GARCIA of California, Mr. ISSA, Mr. KILEY, Mrs. Kim of Cali- fornia, Mr. LAMALFA, Mr. MCCLINTOCK, Mr. OBERNOLTE, and Mrs. STEEL) introduced the following bill; which was referred to the Com- mittee on Natural Resources A BILL To provide long-term water supply and regulatory reliability to drought -stricken California, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tines of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Working to Advance 5 Tangible and Effective Reforms for California Act" or the 6 "WATER for California Act" % SEC. 2. TABLE OF CONTENTS. 8 The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Page 83 of 156 2 Sec. 3. Definitions. TITLE I—CVP AND SWP OPERATIONS Sec. 101. Operation of the CVP and SWP. Sec. 102. Operations and reviews. Sec. 103. Application of State laws. Sec. 104. Reconsultation of NOAA Biological Opinion and FWS Biological Opinion. Sec. 105. Sunset. Sec. 106. Consultation on coordinated operations. TITLE II—ALLOCATIONS FOR SACRAMENTO VALLEY CONTRACTORS Sec. 201. Definitions. Sec. 202. Allocations of water. Sec. 203. Protection of refuge, municipal and industrial and other contractors. Sec. 204. Other contractors. TITLE III—INFRASTRUCTURE Sec. 301. Shasta Reservoir enlargement project. Sec. 302. Water supply plan; projects. Sec. 303. Conservation fish hatcheries. Sec. 304. Storage; duration. Sec. 305. Shasta Dam enlargement. TITLE N—CVPIA ACTIONS Sec. 401. CVPIA restoration actions. 1 SEC. 3. DEFINITIONS. 2 In this Act, the following definitions apply: 3 (1) CVP.—The term "CVP" means the Central 4 Valley Project. 5 (2) CVP CONTRACTOR.—The term "CVP con - 6 tractor" means any public water agency, water user 7 organization, or person that has entered into a con - 8 tract with the United States for water service from 9 the CVP, whether in the form of a water service 10 contract, repayment contract, water rights settle - 11 ment contract, exchange contract, or refuge con - 12 tract. *HR 215 IH Page 84 of 156 11 1 (3) FWS BIOLOGICAL OPINION.—The term 2 "FWS Biological Opinion" means the United States 3 Fish and Wildlife Service "Biological Opinion for the 4 Reinitiation of Consultation on the Coordinated Op - 5 erations of the Central Valley Project and State 6 Water Project" (Service File No. 08FBTD00-2019- 7 F-0164) signed on October 21, 2019. 8 (4) NOAA BIOLOGICAL OPINION.—The term 9 "NOAA Biological Opinion" means the National 10 Oceanic and Atmospheric Administration Fisheries 11 "Biological Opinion on the Long-term Operation of 12 the Central Valley Project and the State Water 13 Project" (Consultation Tracking Number: WCRO- 14 2016-00069) signed on October 21, 2019. 15 (5) PREFERRED ALTERNATIVE.—The term 16 "Preferred Alternative" means the Alternative 1 17 (Preferred Alternative), as described in the Final 18 Environmental Impact Statement on the Reinitiation 19 of Consultation on the Coordinated Long -Term Op - 20 eration of the Central Valley Project and the State 21 Water Project, issued by the Bureau of Reclamation, 22 and dated December 2019. 23 (6) SWP.—The term "SWP" means the Cali - 24 forma State Water Project. •HR 215 IH Page 85 of 156 11 1 (7) SWP CONTRACTOR.—The term "SWP con - 2 tractor" means a public agency that has entered into 3 a long-term water supply contract with the Cali - 4 forma Department of Water Resources for water 5 service from the SWP. 6 TITLE I -CVP AND SWP 7 OPERATIONS 8 SEC. 101. OPERATION OF THE CVP AND SWP. 9 (a) CONGRESSIONAL DIRECTION REGARDING CVP 10 AND SWP OPERATIONS.—The CVP and the SWP shall 11 be operated in accordance with the Preferred Alternative 12 and FWS Biological Opinion and NOAA Biological Opin- 13 ion. 14 (b) APPLICATION OF LAWS AND REGULATIONS TO 15 OTHERS.—Operation of the CVP and SWP shall proceed 16 pursuant to subsection (a) except to the extent changes 17 to operations are undertaken pursuant to one or more 18 agreements, which are voluntarily entered into, approved, 19 and implemented by CVP contractors, for operations of 20 the CVP, and SWP contractors, for operations of the 21 SWP, with all applicable Federal departments and the 22 State of California, including any agency or board of the 23 State of California. 24 (c) COSTS.—No cost, including water supply, finan- 25 cial, mitigation -related, or otherwise, associated with the *HR 215 IH Page 86 of 156 M 1 implementation of any agreement under subsection (b) 2 shall be imposed by any Federal department or agency or 3 the State of California, including any agency or board of 4 the State of California, directly or indirectly on any CVP 5 contractor, SWP contractor, or any other person or entity, 6 unless such costs are incurred on a voluntary basis. 7 (d) ENDANGERED SPECIES ACT.—Notwithstanding 8 subsection (b), implementation of subsection (a) shall not 9 conflict with the FWS Biological Opinion and the NOAA 10 Biological Opinion. 11 (e) NATIVE SPECIES PROTECTION.—The State of 12 California shall not impose any bag, catch, or size restric- 13 tion or limit on the take or harvest of striped bass or any 14 species of black bass, including largemouth bass, 15 smallmouth bass, and spotted bass, that occupy the Sac - 16 ramento-San Joaquin Rivers Delta or its tributaries. 17 SEC. 102. OPERATIONS AND REVIEWS. 18 In carrying out section 101(a), the Secretary of the 19 Interior and the Secretary of Commerce shall implement 20 their statutory authorities in a manner that improves 21 water supply reliability and enables the CVP and SWP 22 to provide the maximum quantity of water supplies prac- 23 ticable to CVP agricultural, municipal, and industrial con - 24 tractors, water service or repayment contractors, water 25 rights settlement contractors, exchange contractors, ref - •HR 215 IH Page 87 of 156 It 1 uge contractors, and SWP contractors, in accordance with 2 the Preferred Alternative, NOAA Biological Opinion, and 3 FWS Biological Opinion. 4 SEC. 103. APPLICATION OF STATE LAWS. 5 (a) REDUCED WATER SUPPLY.—If, as a result of the 6 application of applicable State law or regulation, the State 7 of California (including any agency or board of the State 8 of California) alters operation of the SWP in a manner 9 that directly or indirectly results in reduced water supply 10 to the SWP as compared with the water supply available 11 under the Preferred Alternative, and as a result, CVP 12 yield is greater than it otherwise would have been under 13 the Preferred Alternative, then that additional yield shall 14 be made available to the SWP for delivery to SWP Con - 15 tractors to offset that reduced water supply. If it is nec- 16 essary to reduce water supplies for any authorized uses 17 of the CVP or CVP Contractors to make available to the 18 SWP that additional yield, such reductions shall be ap- 19 plied proportionately to those authorized uses or CVP con - 20 tractors that benefit from that increased yield. 21 (b) NO RESTRICTION OF CERTAIN WATER 22 RIGHTS.—The State of California (including any agency 23 or board of the State of California) shall not restrict the 24 exercise of any water right obtained pursuant to State law, 25 including but not limited to a pre -1914 appropriative right •HR 215 IH Page 88 of 156 ll 1 or riparian right in order to offset any impact resulting 2 from the implementation of this title on any species af- 3 fected by operations of the CVP or the SWP. 4 SEC. 104. RECONSULTATION OF NOAA BIOLOGICAL OPIN- 5 ION AND FWS BIOLOGICAL OPINION. 6 (a) REQUIREMENT FOR RECONSULTATION. - 7 (1) REQUIREMENT.—Neither the Secretary of 8 the Interior, acting through the Commissioner of 9 Reclamation, nor the Secretary of Commerce or 10 their designees shall commence, complete, or request 11 reinitiation of consultation on the coordinated long - 12 term operation of the Central Valley Project and the 13 State Water Project that will result in changes to or 14 the replacement of the documents listed in para - 15 graph (2) unless - 16 (A) more than 75 percent of California has 17 experienced 4 consecutive years of D3 or D4 18 level drought, as defined by the U.S. Drought 19 Monitor; 20 (B) the Commissioner of Reclamation iden- 21 tifies one specific factor or combination of fac- 22 tors under section 402.16 of title 50, Code of 23 Federal Regulations; and 24 (C) not fewer than 120 days before offi- 25 cially commencing or requesting reinitiation, the •HR 215 IH Page 89 of 156 �'Z 1 Secretary of the Interior notifies the Committee 2 on Natural Resources of the House of Rep - 3 resentatives and Committee on Energy and 4 Natural Resources of the Senate, in writing, 5 of - 6 (i) the intent to commence or request 7 reinitiation under this section; and 8 (ii) the detailed justification for the 9 identification of the specific factor or com- 10 bination of factors under section 402.16 of 11 title 50, Code of Federal Regulations, that 12 was identified to satisfy the requirement in 13 subparagraph (B). 14 (2) DOCUMENTS.—The documents referred to 15 in paragraph (1) are the following: 16 (A) The FWS Biological Opinion. 17 (B) The NOAA Biological Opinion. 18 (C) The Record of Decision for the Reiniti- 19 ation of Consultation on the Coordinated Long - 20 Term Modified Operations of the Central Valley 21 Project and State Water Project, signed on 22 February 18, 2020. 23 (b) APPLICABLE PROCEDURES AND REVIEW.—For 24 the purposes of this Act, before reinitiating consultation 25 on the Long -Term Operation of the CVP and SWP, a re - •HR 215 IH Page 90 of 156 41 1 quest by the Secretary of the Interior, the Secretary of 2 the Commerce, or any other Federal employee, to reini- 3 tiate consultation shall be made in writing and considered 4 a rule under section 551 of title 5, United States Code, 5 and subject to the requirements of sections 801 through 6 808 of that title. 7 (c) COOPERATION.—In implementing this section, the 8 Secretary of the Interior and the Secretary of Commerce 9 shall comply with requirements included in section 4004 10 of Public Law 114-322. 11 (d) EXCLUSION.—Notwithstanding subsection (b), in 12 implementing this section, section 801(b)(2) of title 5, 13 United States Code, shall not apply. 14 SEC. 105. SUNSET. 15 Sections 101 through 104 shall have no force or ef- 16 fect on and after the date that is 7 years after the date 17 of the enactment of this Act. 18 SEC. 106. CONSULTATION ON COORDINATED OPERATIONS. 19 The Water Infrastructure Improvements for the Na - 20 tion Act (Public Law 114-322) is amended - 21 (1) in section 4004(a)- 22 (A) in paragraph (1), by inserting "or pro - 23 posed action" after "biological assessment,"; 24 (B) in paragraph (2), by inserting "or pro - 25 posed action" after "biological assessment,"; •HR 215 IH Page 91 of 156 10 1 (C) by redesignating paragraphs (3) 2 through (6) as paragraphs (4) through (7), re - 3 spectively; 4 (D) after paragraph (2), by inserting the 5 following new paragraph: 6 "(3) receive a copy of the proposed action and 7 have the opportunity to review that document and 8 provide comment to the action agency, which com- 9 ments shall be afforded due consideration during de - 10 velopment;"; and 11 (E) in paragraph (7), as redesignated by 12 subparagraph (C) of this paragraph - 13 (i) in the matter preceding subpara- 14 graph (A), by inserting "action agency pro - 15 poses a proposed action or" before "the 16 consulting agency"; 17 (ii) in subparagraph (A), by inserting 18 "proposed action or" before "alternative 19 will"; and 20 (iii) in subparagraph (B), by striking 21 "alternative actions" and insert "actions 22 or alternatives"; and 23 (2) in section 4013, by deleting "section 4004, 24 which shall expire 10 years after the date of its en - •HR 215 IH Page 92 of 156 11 1 actment;" and inserting "section 4004, which shall 2 expire on December 16, 2033;". 3 TITLE II -ALLOCATIONS FOR 4 SACRAMENTO VALLEY CON - 5 TRACTORS 6 SEC. 201. DEFINITIONS. 7 In this title, the following definitions apply: 8 (1) The term "existing CVP agricultural water 9 service or repayment contractor within the Sac - 10 ramento River Watershed" means any water service 11 or repayment contractor within the Shasta, Trinity, 12 or Sacramento River division of the CVP that has 13 in effect a water service or repayment contract on 14 the date of enactment of this title that provides 15 water for irrigation. 16 (2) The terms "Above Normal", "Below Nor - 17 mal", "Dry", and "Wet", with respect to a year, 18 have the meanings given those terms in the Sac - 19 ramento Valley Water Year Type (40-30-30) Index. 20 SEC. 202. ALLOCATIONS OF WATER. 21 Subject to section 203, and notwithstanding any 22 changes to operations of the CVP or SWP voluntarily 23 agreed to, approved, and implemented by CVP contrac- 24 tors, the Secretary of the Interior shall make every reason - 25 able effort in the operation of the CVP to allocate water •HR 215 IH Page 93 of 156 12 1 provided for irrigation purposes to each existing CVP agri- 2 cultural water service contractor within the Sacramento 3 River Watershed in accordance with the following: 4 (1) Not less than 100 percent of the contract 5 quantity of the existing CVP agricultural water serv- 6 ice contractor within the Sacramento River Water - 7 shed in a Wet year. 8 (2) Not less than 100 percent of the contract 9 quantity of the existing CVP agricultural water serv- 10 ice contractor within the Sacramento River Water - 11 shed in an Above Normal year. 12 (3) Not less than 100 percent of the contract 13 quantity of the existing CVP agricultural water serv- 14 ice contractor within the Sacramento River Water - 15 shed in a Below Normal year that is preceded by an 16 Above Normal or Wet year. 17 (4) Not less than 50 percent of the contract 18 quantity of the existing CVP agricultural water serv- 19 ice contractor within the Sacramento River Water - 20 shed in a Dry year that is preceded by a Below Nor - 21 mal, Above Normal, or Wet year. 22 (5) In any other year not identified in any sub - 23 sections (a) through (d), not less than twice the allo- 24 cation percentage to south -of -Delta CVP agricultural 25 water service contractors, up to 100 percent. *HR 215 IH Page 94 of 156 13 1 SEC. 203. PROTECTION OF REFUGE, MUNICIPAL AND IN. 2 DUSTRIAL AND OTHER CONTRACTORS. 3 Nothing in section 202 shall - 4 (1) adversely affect any protections for the envi- 5 ronment, including the obligation of the Secretary of 6 the Interior to make water available to managed 7 wetlands pursuant to section 3406(d) of the Central 8 Valley Project Improvement Act (title X= of 9 Public Law 102-575; 106 Stat. 4722); 10 (2) adversely affect any obligation of the Sec - 11 retary of the Interior or the Secretary of Commerce 12 under the FWS Biological Opinion or the NOAA Bi - 13 ologicalOpinion; 14 (3) modify any provision of a water service con - 15 tract that addresses municipal or industrial water 16 shortage policies of the Secretary of the Interior; 17 (4) affect or limit the authority of the Secretary 18 of the Interior to adopt or modify municipal and in - 19 dustrial water shortage policies; 20 (5) constrain, govern, or affect, directly or indi- 21 rectly, the operations of the American River division 22 of the CVP or any deliveries from that division or 23 a unit or facility of that division; or 24 (6) affect any allocation to a CVP municipal or 25 industrial water service contractor by increasing or 26 decreasing allocations to the contractor, as compared •HR 215 IH Page 95 of 156 14 1 to the allocation the contractor would have received 2 absent section 202. 3 SEC. 204. OTHER CONTRACTORS. 4 Nothing in section 202 shall - 5 (1) affect the priority of any individual or entity 6 with a Sacramento River settlement contract over 7 water service or repayment contractors; 8 (2) affect the United States ability to deliver 9 water to the San Joaquin River exchange contrac- 10 tors from the Sacramento River and the Delta via 11 the Delta -Mendota Canal or modify or amend the 12 rights and obligations under the Purchase Contract 13 between Miller and Lux and the United States and 14 the Second Amended Exchange Contract between 15 the United States, Department of the Interior, Bu - 16 reau of Reclamation and Central California Irriga- 17 tion District, San Luis Canal Company, Firebaugh 18 Canal Water District and Columbia Canal Company; 19 (3) affect the allocation of water to Friant divi- 20 sion contractors of the CVP; 21 (4) result in the involuntary reduction in con - 22 tract water allocations to individuals or entities with 23 contracts to receive water from the Friant division; 24 (5) result in the involuntary reduction in water 25 allocations to refuge contractors; or •HR 215 IH Page 96 of 156 15 1 (6) authorize any actions inconsistent with 2 State water rights law. 3 TITLE III -INFRASTRUCTURE 4 SEC. 301. SHASTA RESERVOIR ENLARGEMENT PROJECT. 5 Section 40902(a)(2) of the Infrastructure Investment 6 and Jobs Act (Public Law 117-58) is amended - 7 (1) in subparagraph (B)- 8 (A) in the matter preceding clause (i), by 9 striking "this Act, except for any project for 10 which—" and inserting "this Act; or"; and 11 (B) by striking clauses (i) and (ii); and 12 (2) in subparagraph (C), by striking "(except 13 that projects described in clauses (i) and (ii) of sub - 14 paragraph (B) shall not be eligible)". 15 SEC. 302. WATER SUPPLY PLAN; PROJECTS. 16 (a) PLAN.—Not later than 180 days after the date 17 of the enactment of this Act, the Commissioner of Rec- 18 lamation shall develop a water deficit report, which shall 19 identify - 20 (1) projected water supply shortages in the 21 State of California for irrigation water service, mu - 22 nicipal and industrial water service, water supply for 23 wildlife refuges supplied by the CVP or the SWP; 24 and •HR 215 IH Page 97 of 156 M8 1 (2) infrastructure projects or actions which, if 2 taken, would - 3 (A) significantly reduce or eliminate the 4 projected water supply shortage; or 5 (B) fulfill water allocations consistent with 6 agricultural, municipal and industrial contrac- 7 tors, water service or repayment contractors, 8 water rights settlement contractors, exchange 9 contractors, and SWP contractors with water 10 delivery contractors on the CVP and SWP. 11 (b) REPORT TO CONGRESS.—The Commissioner of 12 Reclamation shall provide a report described in subsection 13 (a) to the House Committee on Natural Resources and 14 the Senate Committee on Energy and Natural Resources 15 upon its completion. 16 SEC. 303. CONSERVATION FISH HATCHERIES. 17 Section 4010 (b) (5) of the Water Infrastructure Im- 18 provements for the Nation Act (Public Law 114-322) is 19 amended by adding at the end the following: 20 "(D) SEMI-ANNUAL REPORT.—The Sec - 21 retary of the Interior and the Secretary of 22 Commerce shall submit to the Committee on 23 Natural Resources of the House of Representa- 24 tives and Committee on Energy and Natural 25 Resources of the Senate semi-annual reports •HR 215 IH Page 98 of 156 17 1 that detail activities carried out under this 2 paragraph.". 3 SEC. 304. STORAGE; DURATION. 4 (a) STORAGE.—Section 4007 of the Water Infra - 5 structure Improvements for the Nation Act (Public Law 6 114-322) is amended - 7 (1) in subsection (b) (1), by striking "or any 8 public agency organized pursuant to State law" and 9 inserting "any public agency organized pursuant to 10 State law, or any stakeholder"; and 11 (2) in subsection (i), by striking "January 1, 12 2021" and inserting "January 1, 2028". 13 (b) DURATION.—Section 4013 of the Water Infra - 14 structure Improvements for the Nation Act (Public Law 15 114-322) is amended - 16 (1) in paragraph (1), by striking "and"; 17 (2) by redesignating paragraph (2) as para - 18 graph (3); and 19 (3) by inserting after paragraph (1) the fol - 20 lowing: 21 "(2) section 4007, which (except as provided in 22 paragraph (3)), shall expire on December 31, 2028; 23 and". •HR 215 IH Page 99 of 156 18 1 SEC. 305. SHASTA DAM ENLARGEMENT. 2 (a) FUNDING.—In accordance with section 4007 of 3 the Water Infrastructure Improvements for the Nation 4 Act (Public Law 114-322), and as recommended by the 5 Secretary in letters dated February 13, 2019; June 22, 6 2020; and December 3, 2020; funds made available in the 7 Water and Related Resources account for the Bureau Rec- 8 lamation in Acts of appropriation for fiscal years 2017, 9 20181 20197 2020, and 2021 shall be made available to 10 the Shasta Dam and Reservoir Enlargement Project. I I (b) CLARIFICATION.—No provision of State law shall 12 preclude or otherwise prevent any public water agency, in - 13 cluding a public agency of the State, that contracts for 14 the delivery of CVP water from assisting or cooperating 15 with, whether by loan, grant, license, or otherwise, the 16 planning and construction of any project undertaken by 17 the Bureau of Reclamation to enlarge Shasta Dam. 18 TITLE IV-CVPIA ACTIONS 19 SEC. 401. CVPIA RESTORATION ACTIONS. 20 (a) REFUGE WATER SUPPLY PROGRAM.—Not later 21 than two years after the date of enactment of this Act, 22 the Secretary of the Interior shall complete the refuge 23 water supply program under section 3406(d) of the Cen- 24 tral Valley Project Improvement Act (title XXXIV of Pub - 25 lic Law 102-575; 106 Stat. 4722) and shall, within that 26 two-year period, give priority to completing the refuge .HR 215 IH Page 100 of 156 ILI] 1 water supply program when making funding decisions 2 from the Central Valley Project Restoration Fund estab- 3 lished under section 3407 of the Central Valley Project 4 Improvement Act (106 Stat. 4726), the Infrastructure In - 5 vestment and Jobs Act (Public Law 117-25), the Land 6 and Water Conservation Fund Act (Public Law 88-578), 7 and other sources of funding. 8 (b) RESTORATION ACTIONS DEEMED COMPLETE. - 9 Upon completion of the refuge water supply program pur- 10 suant to subsection (a), or September 30, 2025, whichever 11 occurs first, the Secretary of the Interior shall deem com- 12 plete the fish, wildlife, and habitat mitigation and restora- 13 tion actions mandated under section 3406 of the Central 14 Valley Project Improvement Act (title XXXIV of Public 15 Law 102-575; 106 Stat. 4714). N *HR 215 IH Page 101 of 156 AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO I 118TH CONGRESS H. R. 872 1ST SESSION To amend the Endangered Species Act of 1973 to vest in the Secretary of the Interior functions under that Act with respect to species of fish that spawn in fresh or estuarine waters and migrate to ocean waters and species of fish that spawn in ocean waters and migrate to fresh or estuarine waters, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 8, 2023 Mr. CALVERT (for himself, Mr. MCCLINTOCK, Mr. SIMPSON, Mrs. STEEL, Mr. COSTA, Mr. OBERNOLTE, and Mr. ISSA) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Endangered Species Act of 1973 to vest in the Secretary of the Interior functions under that Act with respect to species of fish that spawn in fresh or estuarine waters and migrate to ocean waters and species of fish that spawn in ocean waters and migrate to fresh or estuarine waters, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tines of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Federally Integrated 5 Species Health Act" or the "FISH Act". Page 102 of 156 2 1 SEC. 2. TRANSFER OF FUNCTIONS WITH RESPECT TO 2 ANADROMOUS SPECIES AND CATADROMOUS 3 SPECIES. 4 (a) TRANSFER OF FUNCTIONS. All functions with 5 respect to anadromous species and catadromous species 6 under the Endangered Species Act of 1973 (16 U.S.C. 7 1531 et seq.) that were vested in the Secretary of Com- b merce or the National Marine Fisheries Service imme- 9 diately before the enactment of this Act are transferred 10 to the Secretary of the Interior. 11 (b) CONFORMING AMENDMENTS.—The Endangered 12 Species Act of 1973 is amended - 13 (1) in section 3(15) (16 U.S.C. 1532(15))- 14 (A) by inserting "(A)" after "(15)"; and 15 (B) by inserting after "Secretary of Agri - 16 culture." the following: 17 "(B) Notwithstanding subparagraph (A), with re - 18 spect to anadromous species and catadromous species, the 19 term `Secretary' means the Secretary of the Interior. 20 and 21 (2) in section 3 (16 U.S.C. 1532) by adding at 22 the end the following: 23 "(22) The term `anadromous species' means a species 24 of fish that spawns in fresh or estuarine waters and mi - 25 grates to ocean waters. •HR 872 IH Page 103 of 156 11 1 "(23) The term `catadromous species' means a spe- 2 cies of fish that spawns in ocean waters and migrates to 3 fresh or estuarine waters.". 4 SEC. 3. MISCELLANEOUS PROVISIONS. 5 (a) REFERENCES. Any reference in any other Fed - 6 eral law, Executive order, rule, regulation, or delegation 7 of authority, or any document of or pertaining to a depart - 8 ment or office from which a function is transferred by this 9 Act - 10 (1) to the head of such department or office is 11 deemed to refer to the Secretary of the Interior; or 12 (2) to such department or office is deemed to 13 refer to the Department of the Interior. 14 (b) EXERCISE OF AUTHORITIEs.—Except as other - 15 wise provided by law, the Secretary of the Interior may, 16 for purposes of performing the functions transferred by 17 this Act, exercise all authorities under the Endangered 18 Species Act of 1973 that were available with respect to 19 the performance of that function immediately before the 20 effective date of the transfer of the function under this 21 Act. 22 (c) SAVINGS PROVISIONS. - 23 (1) LEGAL DOCUMENTS. All orders, deter - 24 minations, rules, regulations, permits, grants, loans, *HR 872 IH Page 104 of 156 4 1 contracts, agreements, certificates, licenses, and 2 privileges - 3 (A) that have been issued, made, granted, 4 or allowed to become effective by the Secretary 5 of Commerce, any officer or employee of the 6 Department of Commerce, or any other Govern - 7 ment official in the performance of any function 8 that is transferred by this Act, or by a court of 9 competent jurisdiction with respect to such per - 10 formance; and 11 (B) that are in effect on the effective date 12 of this Act (or become effective after such date 13 pursuant to their terms as in effect on such ef- 14 fective date), 15 shall continue in effect according to their terms until 16 modified, terminated, superseded, set aside, or re - 17 voked in accordance with law by the President, any 18 other authorized official, a court of competent juris- 19 diction, or operation of law. 20 (2) PROCEEDINGS. - 21 (A) IN GENERAL.—This Act shall not af- 22 fect any proceedings or any application for any 23 benefits, service, license, permit, certificate, or 24 financial assistance pending on the date of the 25 enactment of this Act before an office trans - •HR 872 IH Page 105 of 156 i 1 ferred by this Act. Such proceedings and appli- 2 cations shall be continued. Orders shall be 3 issued in such proceedings, appeals shall be 4 taken therefrom, and payments shall be made 5 pursuant to such orders, as if this Act had not 6 been enacted, and orders issued in any such 7 proceeding shall continue in effect until modi- 8 fied, terminated, superseded, or revoked by a 9 duly authorized official, by a court of competent 10 jurisdiction, or by operation of law. 11 (B) LIMITATION.—Nothing in this para - 12 graph shall be considered to prohibit the dis- 13 continuance or modification of any such pro - 14 ceeding under the same terms and conditions 15 and to the same extent that such proceeding 16 could have been discontinued or modified if this 17 Act had not been enacted. 18 (3) SUITS.—This Act shall not affect suits com- 19 menced before the date of the enactment of this Act, 20 and in all such suits, proceeding shall be had, ap- 21 peals taken, and judgments rendered in the same 22 manner and with the same effect as if this Act had 23 not been enacted. 24 (4) NONABATEMENT OF ACTIONS.—No suit, ac - 25 tion, or other proceeding commenced by or against •HR 872 IH Page 106 of 156 6 1 the Department of Commerce or the Secretary of 2 Commerce, or by or against any individual in the of - 3 ficial capacity of such individual as an officer or em - 4 ployee of the Department of Commerce, shall abate 5 by reason of the enactment of this Act. 6 (5) CONTINUANCE OF SUITS.—If any Govern - 7 ment officer in the official capacity of such officer 8 is party to a suit with respect to a function of the 9 officer, and under this Act such function is trans - 10 ferred to any other officer or office, then such suit 11 shall be continued with the other officer or the head 12 of such other office, as applicable, substituted or 13 added as a party. 14 (6) ADMINISTRATIVE PROCEDURE AND JUDI- 15 CTAT, REVIEW.—Except as otherwise provided by this 16 Act, any statutory requirements relating to notice, 17 hearings, action upon the record, or administrative 18 or judicial review that apply to any function trans - 19 ferred by this Act shall apply to the exercise of such 20 function by the head of the Federal agency, and 21 other officers of the agency, to which such function 22 is transferred by this Act. 23 SEC. 4. DEFINITIONS. 24 For purposes of this Act: *HR 872 IH Page 107 of 156 1 2 3 4 5 6 7 8 9 10 11 12 ll (1) ANADROMOUS SPECIES AND CATADROMOUS SPECIES.—Each of the terms "anadromous species" and "catadromous species" has the meaning that term has under section 3 of the Endangered Species Act of 1973, as amended by section 3 of this Act. (2) FUNCTION.—The term "function" includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (3) OFFICE.—The term "office" includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof. *HR 872 IH M Page 108 of 156 ITEM NO. 10.1. Yorba Linda Water District MEETING DATE: TO: FROM: STAFF CONTACTS: SUBJECT: SUMMARY AGENDA REPORT May 4, 2023 Board of Directors Mark Toy, General Manager Delia Lugo, Finance Manager Status of Investments Held in Public Agency Retirement Services (PARS) Section 115 Trust Representatives from Public Agency Retirement Services (PARS) will be in attendance at the meeting to provide an update on the District's PARS 115 Trust Account - OPEB Prefunding Program and Pension Rate Stabilization Program. Please refer to the included presentation prepared by PARS personnel. ATTACHMENTS: 1. Slide Deck - PARS Client Review Page 109 of 156 PUBLIC AGENCY PARS RETIREMENT SERVICES TRUSTED SOLUTIONS. LASTI Nk r s i a YORBA LINDA WATER DISTRICT PARS 115 Trust - OPEB Prefunding Program and Pension Rate Stabilization Program Review May 4, 2023 CONTACTS PUBLIC PARS AGENCY RETIREMENT SERVIVICESS TRUSTED SOLUTIONS. LASTING RESULTS. Jennifer Meza Senior Manager, Consulting (800) 540-6369 x141 jmeza@pars.org Angela Tang Senior Coordinator, Client Services (800) 540-6369 x159 atang@pars.org EMFNT PARS AGENCY RETIREMENT SERVICES TRUSTED SOLUTIONS. LASTING RESULTS. J HIGHMARK° CAPITAL MANAGEMENT Keith Stribling, CFA Senior Portfolio Manager (949) 553-2591 keith.stribling@highmarkcapital.com YORBA LINDA WATER DISTRICT 2 Page 111 of 156 PARS 115 TRUST TEAM AGFNCY • Serves as record -keeper, consultant, • Monitors plan compliance RETIREM PARSENT 9ERYICFC and central point of contact (IRS/GASB/State Government Code) TRUSTED SOLUTIONS. LASTINO RESULTS. Sub -trust accounting Processes contributions/disbursements • Coordinates all agency services Hands-on, dedicated support teams 39 2,000+ 1,000+ 500+ 500 K+ SUB Years of Experience Plans under Public Agency 115 Trust Clients Plan Participants Assets under (1984-2023) Administration Clients Administration CVbanka • 5th largest commercial bank and one of the nation's largest trustees for Section 115 trusts • Safeguard plan assets • Oversight protection as plan fiduciary • Custodian of assets 160 $9.OT Years of Experience Assets under Trust (1863-2023) Custody IVsuc PARS AGENCY RETIREMENT SERVICES TRUSTED SOLUTIONS. LASTINO RESULTS. �Ww Investment Manager 7 J HIGHMARK® CAPITAL MANAGEMENT • Investment sub -advisor to trustee U.S. Bank • Investment policy assistance • Uses open architecture • Active and passive platform options • Customized portfolios (with minimum asset level) 104 S173B Years of Experience Assets under (1919-2023) Management & Advisement YORBA LINDA WATER DISTRICT 1 3 Page 112 of 156 SUMMARY OF AGENCY'S OPEB PLAN Plan Type: Trustee Approach: Plan Effective Date: Plan Administrator: Current Investment Strategy: AS OF MARCH 31, 2023: Initial Contribution: Additional Contributions: Total Contributions: Disbursements: Net Investment Earnings: Account Balance: PUBLIC AGENCYPARS RETIREMENT SERVICES TRUSTED SOLUTIONS. LASTING RESULTS. IRC Section 115 Irrevocable Exclusive Benefit Trust Discretionary October 10, 2017 General Manager Moderate HighMark Plus (Active) Strategy; Pooled Account June 2019: $587,339 $0 $587,339 ($337,937) $69,156 $318,558 YORBA LINDA WATER DISTRICT 1 4 Page 113 of 156 OPEB ACTUARIAL RESULTS • We have received the actuarial report by North Bay Pensions, LLC with a measurement date as of June 30, 2021. In the table below, we have summarized the results. Actives 38 35 Retirees 15 16 Total 53 51 Average Active Age 47.9 48.7 Average Active Agency 16.6 17.8 Service EMENT AGENCY RETIREMENT PARS SERVICES TRUSTED SOLUTIONS. LASTINGRESULTS. YORBA LINDA WATER DISTRICT 5 Page 114 of 156 OPEB ACTUARIAL RESULTS Total OPEB Liability (TOL) $3,521,739 $3,837,322 Fiduciary Net Position $2,060,475 $3,324,477 Net OPEB Liability (NOL) $1,461,264 $512,845 Funded Ratio (%) 58.5% 86.6% Actuarially Determined $256,972 $272,006 Contribution (ADC) For FY 2019-20 for FY 2021-22 Annual Benefit Payments $197,887 $233,896 (Pay -as -you -Go) For FY 2019-20 for FY 2020-21 Rule of thumb: For every one percent increase in the discount rate, the unfunded liability is lowered by 10-12%. EMFNT PARS AGENCY RETIREMENT SERVICES TRUSTED SOLUTIONS. LASTING RESULTS. YORBA LINDA WATER DISTRICT 1 6 Page 115 of 156 SUMMARY OF AGENCY'S PENSION PLAN Plan Type: Trustee Approach: Plan Effective Date: Plan Administrator: Current Investment Strategy: AS OF MARCH 31, 2023: Initial Contribution: Additional Contributions: Total Contributions: Disbursements: Net Investment Earnings: Account Balance: PUBLIC AGENCYPARS RETIREMENT SERVICES TRUSTED SOLUTIONS. LASTING RESULTS. IRC Section 115 Irrevocable Exclusive Benefit Trust Discretionary October 10, 2017 General Manager Moderate HighMark Plus (Active) Strategy; Pooled Account December 2017: $247,599 $1,105,248 $1,352,847 ($631,392) $143,326 $864,781 YORBA LINDA WATER DISTRICT 1 7 Page 116 of 156 PENSION FUNDING STATUS As of June 30, 2021, Yorba Linda Water District's CalPERS pension plan is funded as follows*: Combined Miscellaneous Groups Valuation as of Valuation as of Change June 30, 2020 June 30, 2021 Actuarial Liability $44.7 M $48.2 M 7.9% Assets $33.1 M $40.7 M 22.9% Unfunded Liability $11.5 M $7.5 M 35.1% �►, Funded Ratio 74.2% 84.5% 13.9% Employer Contribution Amount $1.4 M $1.5 M 7.9% (FY 21-22) (FY 22-23) Employer Contribution Amount - Projected* --- $1.6 M (FY 28-29) 7.9% t PUBLIC MFNT PARS AGENCY RETIREMENT SERVICES TRUSTED SOLUTIONS. LASTING RESULTS. � Sr * Data through 2028-29 from Agency's latest CaIPERS actuarial valuation. YORBA LINDA WATER DISTRICT 1 8 Page 117 of 156 Yorba Linda Water District April 21, 2023 Presented by Keith Stribling, CFA JHIGHMARKO CAPITAL MANAGEMENT YORBA LINDA WATER DISTRICT 1 9 DISCUSSION HIGHLIGHTS - Yorba Linda Water District Investment objective — Moderate HighMark Plus Asset Allocation: PARS/Moderate HM Plus (As of 3-31-23) Allocation Target — 48.35% stocks (40-60% range), 47.02% bonds (40-60% range), 4.62 cash (0-20% range) Large cap 25.81 %, Mid -cap 4.19%, Small cap 6.81 %, International 9.94%, REIT 1.61 % Performance: Yorba Linda Water District (Pension) (as of 3-31-23) gross of investment management fees, net of fund fees 3 months -YTD: 4.40% 6 months: 9.26% 1 year: -6.17% 3 years: 7.85% 5 years: 4.49% 12/1/2017- ITD: 4.28% Performance: Yorba Linda Water District (OPEB) (as of 3-31-23) gross of investment management fees, net of fund fees 3 months -YTD: 4.40% 6 months: 9.26% 1 year: -6.17% 3 years: 7.85% 6/1/2019- ITD: 4.86% Asset Allocation: • Underweight equities • Favoring value style over growth • Recently added to international • Underweight high yield • Neutral duration fixed income J HIGH* MARK® CAPITAL MANAGEMENT YORBA LINDA WATER DISTRICT 10 Page 1 19 of 156 DISCUSSION HIGHLIGHTS - Yorba Linda Water District Economic Review ■ Aggressive fiscal policy stoking inflation ■ Monetary policy — Fed tightening to curb inflation and moving from QE to QT ■ Unprecedented Rate hikes in 2022 should slow both inflation and economic growth in 2023 ■ China abandons zero covid moving toward herd immunity potentially reigniting inflation ■ Entire yield curve becomes inverted... implying recession is forthcoming ■ Risks: Inflation... Fed goes too far; Russian aggression with Ukraine & NATO; China JHIGHMARK@ CAPITAL MANAGEMENT YORBA LINDA WATER DISTRICT 1 11 PARSIPRSP MODERATE HIGHMARK PLUS {--"050106} -AHIGHMARK- Performance Report- PENSION As of. March 31, 2023 CAPITAL MANAGEMENT Returns are gross of fees not including account level advisory fees unless otherwise stated_ Gross retums are presented before management and custodial fees but after all trading expenses. embedded and reflect the reinvestment of dividends and other income. Net returns are net of investment management fees in effect for the respective time period. Returns for periods aver one year are annualized_ An investor can not invest directly in unmanaged indices_ The information presented has been obtained from sources believed to be accurate and reliable. Past performance is not indicative -of future retums Securities are not FDIC insured have no bank guarantee and may lase value_ J HIGHMARK® CAPITAL MANAGEMENT YORBA LINDA WATER DISTRICT 1 12 Year Inception to Date to Date {3 Months) 6 Manths 1 Year 3 Years 5 Years 12101001 T Cash Equivalents 1.05 1.92 2.53 .87 1.28 1.27 Lipper Money Market Funds Index 1.07 1.96 2.59 .89 1.26 1.26 Total Fixed Income 2.93 4.76 -4.26 -.83 1.01 .81 6loomberg US Aggregate Bd Index (USD) 2.96 4.139 -_78 -2.77 91 66 Total Equities 6.21 14.95 -_83 16.94 7.50 7.25 Large Cap Funds 7.84 14.96 -9.15 18.46 10.16 9.69 5&P 500 Composite Index 7.50 15.62 -7.73 18.60 11.19 10.52 Mid Cap Funds 3.87 13.29 -8.98 1a.96 7.79 7.42 Russell Mideap Index 4.06 13.61 -e.78 19.20 8.05 7.63 Small Cap Funds 2.82 11.44 -9.14 20.30 6.86 6.75 Russell 2000 Index (US6) 2.74 9.14 -11.61 17.51 4.71 4.31 International Equities 6.75 22.15 -4.33 12.36 2.33 2.62 MSCI EAFE Index (Net) 8.47 27.27 -1.38 12.99 3.52 3.31 MSCI EM Free Index (Net USD) 3.96 14.04 -10.70 7.83 -_91 47 REIT Funds 1.55 5.98 -20.03 9.22 5.46 3.40 Wilshire REIT Index 3.32 7.50 -21.33 11.03 5.66 3.75 Total Managed Portfolio 4.40 9.26 -6.17 7.85 4.49 4.28 Returns are gross of fees not including account level advisory fees unless otherwise stated_ Gross retums are presented before management and custodial fees but after all trading expenses. embedded and reflect the reinvestment of dividends and other income. Net returns are net of investment management fees in effect for the respective time period. Returns for periods aver one year are annualized_ An investor can not invest directly in unmanaged indices_ The information presented has been obtained from sources believed to be accurate and reliable. Past performance is not indicative -of future retums Securities are not FDIC insured have no bank guarantee and may lase value_ J HIGHMARK® CAPITAL MANAGEMENT YORBA LINDA WATER DISTRICT 1 12 Returns are gross of fees not including acmunt level advisory lees unless otherwise stated_ Gross retums are presented before management and custodial fees but after all trading expenses, embedded and reflect the reinvestment of dividends and other i ncome. Net retums are net of investment management fees in effect for the respective time period. Returns for periods over one year are annuairced_ M investor cannot invest directty in unmanaged indices_ The information presented has been obtained from sources believed to be accurate and reliable. Past perfom-kanc-- is not indicative of future returns Securities are nut FDIC insured have no bank guarantee and may lose value_ J HIGHMARK® CAPITAL MANAGEMENT YORBA LINDA WATER DISTRICT 1 13 PAI3SIPRSP MODERATE HIGHMARK PLUS {... 050106) Performance Report- OPER As of: March 31, 2023 -AHic;x1VMARx- {APITAt MANAGEMENT Year Inception to Date to Date (3 Months) 6 Months 1 Year 3 Years 06101!2019 Cash Equivalents 1.05 1.92 2.53 .87 1.05 Lipper Money Market Funds Index 107 1.96 2.59 .39 i .0E. Total Fixed Income 2.93 4.75 -426 -.83 -_11 Bloomberg LJS Aggregate Sd Index (USD) 2.96 4.89 -4.78 -2.77 -.43 Total Equities 6.21 14.95 -8.83 16.94 9.40 Large Cap Funds 7.84 14.96 -9.15 18A6 12.13 S&P 5174 Compasite Index 7.50 1562 -7.73 18.60 12.91 Mid Cap Funds 3.87 13.29 -8.98 18.96 9.27 Russell Mideap Index 4.06 13.61 -8.78 19.20 9.58 Small Cap Funds 2.82 11.44 -9.14 20.36 7.81 Russell 2000 Index CUSD) 2.74 9.14 -11.61 17.51 6.94 International Equities 6.75 22.15 -433 12.36 5.67 MSCI EAFE Index (Met) 8.47 27.27 -1.38 12.99 6.25 MSCI EM Free Index CNet L1SDj 3.96 14.04 -10.70 7.83 2.27 REIT Funds 1.55 5.98 -20.03 922 2.23 Wilshire REIT Tndex 3_32 7.50 -21.33 1103 2.55 Total Managed Portfolio 4.40 9.26 -_17 7.85 4.86 Returns are gross of fees not including acmunt level advisory lees unless otherwise stated_ Gross retums are presented before management and custodial fees but after all trading expenses, embedded and reflect the reinvestment of dividends and other i ncome. Net retums are net of investment management fees in effect for the respective time period. Returns for periods over one year are annuairced_ M investor cannot invest directty in unmanaged indices_ The information presented has been obtained from sources believed to be accurate and reliable. Past perfom-kanc-- is not indicative of future returns Securities are nut FDIC insured have no bank guarantee and may lose value_ J HIGHMARK® CAPITAL MANAGEMENT YORBA LINDA WATER DISTRICT 1 13 ASSET ALLOCATION- Moderate HighMark Plus JHIGHMARKO CAPITAL MANAGEMENT Ticker Investment Vehicle Weight Equity 48.35% Large Cap Core COFYX Columbia Contrarian Core Cl Y 4.67% VGIAX Vanguard Gro & Inc Admiral Shares 9.32% Large Cap Value DODGX Dodge & Cox Stock Fund 4.41% IVE iShares S&P 500 Value ETF 1.92% Large Cap Growth HNACX Harbor CP Appre Rtrmt Cl 2.76% IVW iShares S&P 500 Growth ETF 2.73% Mid Cap Growth IWR iShares Rusell Mid Cap ETF 4.19% Small Cap Value UBVFX Undiscovered Mgrs Behavrl R6 3.42% Small Cap Growth FGROX Emerald Growth Fund 3.39% International Core DFALX DFA Large Cap International Port 3.68% International Value DODFX Dodge & Cox International Stock Fund 1.26% International Growth MGRDX MFS International Growth Fund 1.23% Emerging Markets HHHFX Hartford Schrodr Mkts Eq 3.76% REIT VNQ Vngrd Index Tr Reit Viper Shs 1.61% Fixed Income 47.02% Short -Term VFSUX Vanguard Short -Term Corp Adm Fund 10.51% Intermediate -Term PTRQX Prudential Total Return BD 11.88% DBLFX Doubleline Core Fixed Inc Cl 1 11.85% DODIX Dodge & Cox Income 11.78% High Yield PHIYX PIMCO High Yield 1.01% Cash 4.62% FGZXX First Amern Govt Oblig Fd CL Z 4.62% TOTAL 100.00% YORBA LINDA WATER DISTRICT 1 14 Yorba Linda Water District For Period Ending March 31, 2023 Fund Name 1 -Month Return 3 -Month Return Year -to- Date 1 -Year Return 3 -Year Return 5 -Year Return 10 -Year Return Columbia Contrarian Core Inst3 4.58 8.73 8.73 -8.62 18.20 10.94 1197 Vanguard Growth & Income Adm 2.58 6.47 6.47 -8.16 1911. 10.89 12.18 Dodge & Cox Stock I -1.60 1.50 150 -6.78 23.34 9.43 1137 iShares S&P 500 Value ETF 1.30 5.13 5.13 -0.34 18.91 9.29 9.98 Harbor Capital Appreciation Retirement 8.41 18.32 18.32 -14.66 14.36 10.80 13.99 T. Rowe Price Growth Stock I 7.59 16.17 16.17 -18.06 10.35 7.48 12.19 SB.P 500 TR USD 3.67 7.50 7.50 -7.73 18.60 11.19 12.24 iShares Russell Mid -Cap ETF -1.55 4.03 4.03 -8.90 1901. 7.90 9.88 Russell Mid Cap TR USD -1.53 4.06 4.06 -8.78 19.20 8.05 10.05 Undiscovered Managers Behavioral Val R6 -5.32 0.53 0.53 -3.97 32.79 8.40 10.28 Victory RS Small Cap Growth R6 -0.49 7.39 7.39 -18.38 3.29 0.02 7.84 Russell 2000 TR USD -4.78 2.74 2.74 -11.61 17.51 4.71 8.04 Vanguard Short -Term Investment -Grade Adm NTERNATIONAL 1.88 EQUITY■ -0.46 17.30 2.91 5.06 6.15 6.15 Dodge & Cox International Stock 1 0.88 DFA Large Cap International 1 2.53 7.93 7.93 -1.26 14.85 3.91 5.18 MFS International Growth R6 5.19 9.22 9.22 1.03 13.16 6.73 6.87 MSCI EAFE NR USD 2.48 8.47 8.47 -1.38 12.99 3.52 5.00 Hartford Schroders Emerging Mkts Eq F 2.96 5.16 5.16 -10.26 7.86 -0.55 2.64 MSCI EM NR USD 3.03 3.96 3.96 -10.70 7.83 -0.91 2.00 1 -Month 3 -Month Year -to- 1 -Year 3 -Year 5 -Year 10 -Year Fund Name Return Return Date Return Return Return Return Vanguard Real Estate ETF -2.10 1.77 1.77 -20.12 9.80 5.80 5.78 Double Line Core Fixed Income 1 2.02 3.56 3.56 -5.03 -0.56 0.68 170 PIMCO Total Return Instl 1.99 2.92 2.92 -5.75 -2.25 0.86 134 PGIM Total Return Bond R6 1.90 3.17 3.17 -6.05 -1.14 0.99 2.07 Vanguard Short -Term Investment -Grade Adm 1.54 1.88 188 -0.19 0.75 1.59 159 Bloomberg US Agg Bond TR USD 2.54 2.96 2.96 -4.78 -2.77 0.91 1.36 Source= SEI Investments, Morningstar Investments Returns less than one year are not annualized_ Past performance is no indication of future results_ The information presented has been obtained from sources believed to be accurate and reliable_ Securities are not FDIC insured, have no bank guarantee and may lose value_ J HIGHMARK® CAPITAL MANAGEMENT YORBA LINDA WATER DISTRICT 1 15 _.HIGHMARK® CAPITAL MANAGEMENT WHY THE PARS DIVERSIFIED CONSERVATIVE PORTFOLIO? Comprehensive Investment Solution HighMark® Capital Management, Inc.'s (HighMark) diversified investment portfolios are designed to balance return expectations with risk tolerance. Key features include: sophisticated asset allocation and optimization techniques, four layers of diversification (asset class, style, manager, and security), access to rigorously screened, top tier money managers, flexible investment options, and experienced investment management. Rigorous Manager Due Diligence Our manager review committee utilizes a rigorous screening process that searches for investment managers and styles that have not only produced above-average returns within acceptable risk parameters, but have the resources and commitment to continue to deliver these results. We have set high standards for our investment managers and funds. This is a highly specialized, time consuming approach dedicated to one goal: competitive and consistent performance. Flexible Investment Options In order to meet the unique needs of our clients, we offer access to flexible implementation strategies: HighMark Plus utilizes actively managed mutual funds while Index Plus utilizes index -based securities, including exchange -traded funds. Both investment options leverage HighMark's active asset allocation approach. Risk Management The portfolio is constructed to control risk through four layers of diversification - asset classes (cash, fixed income, equity), investment styles (large cap, small cap, international, value, growth), managers and securities. Disciplined mutual fund selection and monitoring process helps to drive return potential while reducing portfolio risk. PORTFOLIO FACTS HighMark Plus (Active) Composite Inception Date 07/2004 No of Holdings in Portfolio 20 Index Plus (Passive) Composite Inception Date 07/2004 No of Holdings in Portfolio 13 INVESTMENT OBJECTIVE To provide a consistent level of inflation -protected income over the long-term. The major portion 2 of the assets will be fixed income related. Equity securities are 3 utilized to provide inflation protection. Efficient Frontier Capital Appreciation Balanced Moderate Moderately Conservative Conservative Risk (Standard Deviation) ASSET ALLOCATION - CONSERVATIVE PORTFOLIO Strategic Range Policy Tactical Equity 5-20% 15% 14% Fixed Income 60-95% 80% 82% Cash 0-20% 5° 4% ANNUALIZED TOTAL RETURNS Emross of beddednvestment Fund FeesManagement Fees, but Net of HighMark Plus Composite (Active) Index Plus Composite (Passive) Gross Net Gross Net I&rent Quarte 2.60% ' 2.51-1 Mrent Quarter* 2.52% 2.43% Blended Benchmark*, ** 2.71% Blended Benchmark*, " 2.71% Year To D -12.63% -12.950/67 Year To Date* -12.06% -12.38% Blended Benchmark*,** -10.58% Blended Benchmark*,** -10.58% 1 Yea -12.63% -12.95°/,A , 1 Yea -12.06% -12.38% Blended Benchmark** -10.58% Blended Benchmark** -10.58% 3 Year -0.89% -1.25% 3 Year -0.89°0 Blended Benchmark** -0.48% Blended Benchmark** -0.48% 5 Yea .30% 0.93% 5 Ye Blended Benchmark** 1.53% Blended Benchmark** 1.53% .51% 2.14% Blended Benchmark** 2.49% Blended Benchmark** 2.49% * Returns less than one year are not annualized. **Breakdown for Blended Benchmark: From 10/1/2012 - Present: 7.5% S&P500, 1.5 % Russell Mid Cap, 2.5% Russell 2000, 1% MSCI EM (net), 2% MSCI EAFE (net), 52.25% Bloomberg US Agg, 25.75% ICE BofA 1-3 Yr US Corp/Gov't, 2% ICE BofA US High Yield Master II, 0.5% Wilshire REIT, and 5% FTSE 1 Mth US T -Bill. From 4/1/2007 - 9/30/2012, the blended benchmark was 12% S&P 500; 1 % Russell 2000,2% MSCI EAFE (net), 40% ICE BofA 1-3 Year Corp./Govt, 40% Bloomberg US Agg, 5% FTSE 1 Mth US T -Bill. Prior to April 2007: the blended benchmark was 15% S&P 500, 40% ICE BofA 1-3Yr Corp/Gov, 40% Bloomberg US Agg, and 5% FTSE 1 Mth US T -Bill. ANNUAL RETURNS (Gross of Investment Management Fees, but Net of Embedded Fund Fees) HighMark Plus Composite (Active) Index Plus Composite (Passive) 2008 9.04% 2008 -6.70% 2009 15.59% 2009 10.49% 2010 8.68% 2010 7.67% 2011 2.19% 2011 3.70% 2012 8.45% 2012 6.22% 2013 3.69% 2013 3.40% 2014 3.88% 2014 4.32% 2015 0.29% 2015 0.06% 2016 4.18% 2016 3.75% 2017 6.73% 2017 5.52% 2018 -1.35% 2018 -1.09% 2019 11.05% 2019 10.37% 2020 9.03% 2020 8.56% 2021 2.20% 2021 1.97% 2022 -12.63% 2022 -12.06% Page 125 of 156 HOLDINGS HighMark Plus (Active) Columbia Contrarian Core 13 Vanguard Growth & Income Adm Dodge & Cox Stock Fund iShares S&P 500 Value ETF Harbor Capital Appreciation - Retirement T. Rowe Price Growth Stock - I iShares Russell Mid -Cap ETF Vanguard Real Estate ETF Index Plus (Passive) iShares Core S&P 500 ETF iShares S&P 500 Value ETF iShares S&P 500 Growth ETF iShares Russell Mid -Cap ETF Vanguard Real Estate ETF iShares Russell 2000 Value ETF iShares Russell 2000 Growth ETF iShares Core MSCI EAFE ETF Undiscovered Managers Behavioral Value -R6 Vanguard FTSE Emerging Markets ETF Vanguard Small Cap Growth ETF DFA Large Cap International Portfolio Dodge & Cox International Stock MFS International Growth - R6 Hartford Schroders Emerging Markets Eq Vanguard Short -Term Invest -Grade Adm PIMCO High Yield Instl PIMCO Total Return Fund - Inst PGIM Total Return Bond - R6 DoubleLine Core Fixed Income - I First American Government Obligations Z STYLE Intl Stocks 2.2 Mid Cap 1.4 Large Cap Growth 1.6% Large Cap Core 4.2% Short -Term Bond 18.0% High Yield 1.1 Vanguard Short -Term Invest -Grade Adm iShares Core U.S. Aggregate Vanguard High -Yield Corp Adm First American Government Obligations Z Holdings are subject to change at the discretion of the investment manager. Large Cap Value Cash 1 8 % Real Estate 4.5% I 0.5%Small Cap \.� � 2.3% Interm-Term Bond 62.4 The performance records shown represent size -weighted composites of tax exempt accounts that meet the following criteria: Accounts are managed by HighMark with full investment authority according to the PARS Conservative active and passive objectives. The adviser to the PARS portfolios is US Bank, and HighMark serves as sub -adviser to US Bank to manage these portfolios. US Bank may charge clients as much as 0.60% annual management fee based on a sliding scale. US Bank pays HighMark 60% of the annual management fee for assets sub -advised by HighMark under its sub -advisory agreement with US Bank. The 0.36% paid to HighMark, as well as other expenses that may be incurred in the management of the portfolio, will reduce the portfolio's returns. Assuming an investment for five years, a 5% annual total return, and an annual sub -advisory fee rate of 0.36% deducted from the assets at market at the end of each year, a $10 million initial value would grow to $12.53 million after fees (Net -of -Fees) and $12.76 million before fees (Gross -of -Fees). Gross returns are presented before management and custodial fees but after all trading expenses and reflect the reinvestment of dividends and other income. A client's return will be reduced by the advisory fees and other expenses it may incur as a client. Additional information regarding the firm's policies and procedures for calculating and reporting performance results is available upon request. Performance results are calculated and presented in U.S. dollars and do not reflect the deduction of investment advisory fees, custody fees, or taxes but do reflect the deduction of trading expenses. Returns are calculated based on trade -date accounting. Blended benchmarks represent HighMark's strategic allocations between equity, fixed income, and cash and are rebalanced monthly. Benchmark returns do not reflect the deduction of advisory fees or other expenses of investing but assumes the reinvestment of dividends and other earnings. An investor cannot invest directly in an index. The unmanaged S&P 500 Index is representative of the performance of large companies in the U.S. stock market. The MSCI EAFE Index is a free float - adjusted market capitalization index designed to measure developed market equity performance, excluding the U.S. and Canada. The MSCI Emerging Markets Index is a free float -adjusted market capitalization index that is designed to measure equity market performance in the global emerging markets. The Russell Midcap Index measures the performance of the mid - cap segment of the U.S. equity universe. The Russell 2000 Index measures the performance of the small -cap segment of the U.S. equity universe. The ICE BofA U.S. High Yield Master II Index tracks the performance of below investment grade U.S. dollar-denominated corporate bonds publicly issued in the U.S. domestic market. Wilshire REIT Index measures U.S. publicly traded Real Estate Investment Trusts. The unmanaged Bloomberg U.S. Aggregate Bond Index is generally representative of the U.S. taxable bond market as a whole. The ICE BofA 1-3 Year U.S. Corporate & Government Index tracks the bond performance of the ICE BofA U.S. Corporate & Government Index, with a remaining term to final maturity less than 3 years. The unmanaged FTSE 1 -Month U.S. Treasury Bill Index tracks the yield of the 1 -month U.S. Treasury Bill. HighMark Capital Management, Inc. (HighMark), an SEC -registered investment adviser, is a wholly owned subsidiary of MUFG Union Bank, N.A. (MUFG Union Bank). HighMark manages institutional separate account portfolios for a wide variety of for-profit and nonprofit organizations, public agencies, and public and private retirement plans. HighMark and MUFG Union Banks's ultimate parent company is a wholly-owned subsidiary of U.S. Bancorp ("USB"). MUFG Union Bank provides certain services to HighMark and is compensated for these services. Past performance does not guarantee future results. Individual account management and construction will vary depending on each client's investment needs and objectives. Investments employing HighMark strategies are NOT insured by the FDIC or by any other Federal Government Agency, are NOT Bank deposits, are NOT guaranteed by the Bank or any Bank affiliate, and MAY lose value, including possible loss of principal. Page 126 of 156 HIGHMARKU) CAPITAL MANAGEMENT WHY THE PARS DIVERSIFIED MODERATELY CONSERVATIVE PORTFOLIO? Comprehensive Investment Solution HighMark® Capital Management, Inc.'s (HighMark) diversified investment portfolios are designed to balance return expectations with risk tolerance. Key features include: sophisticated asset allocation and optimization techniques, four layers of diversification (asset class, style, manager, and security), access to rigorously screened, top tier money managers, flexible investment options, and experienced investment management. Rigorous Manager Due Diligence Our manager review committee utilizes a rigorous screening process that searches for investment managers and styles that have not only produced above-average returns within acceptable risk parameters, but have the resources and commitment to continue to deliver these results. We have set high standards for our investment managers and funds. This is a highly specialized, time consuming approach dedicated to one goal: competitive and consistent performance. Flexible Investment Options In order to meet the unique needs of our clients, we offer access to flexible implementation strategies: HighMark Plus utilizes actively managed mutual funds while Index Plus utilizes index -based securities, including exchange -traded funds. Both investment options leverage HighMark's active asset allocation approach. Risk Management The portfolio is constructed to control risk through four layers of diversification - asset classes (cash, fixed income, equity), investment styles (large cap, small cap, international, value, growth), managers and securities. Disciplined mutual fund selection and monitoring process helps to drive return potential while reducing portfolio risk. PORTFOLIO FACTS HighMark Plus (Active) Composite Inception Date 08/2004 No of Holdings in Portfolio 20 Index Plus (Passive) Composite Inception Date 05/2005 No of Holdings in Portfolio 13 INVESTMENT OBJECTIVE To provide current income, with capital appreciation as a secondary objective. The major portion of the assets is committed to income-producing securities. 3 Market fluctuations should be � expected. Conservative Efficient Frontier Capital Appreciation Balanced Moderate Moderately Conservative Risk (Standard Deviation) ASSET ALLOCATION - MODERATELY CONSERVATIVE PORTFOLIO Strategic Range Policy Tactical Equity 20-40% 30% +� 28% Fixed Income 50-80% 65% 67% CashIMF— 0-20% 5% ANNUALIZED TOTAL RETURNS Emross of beddednvestment Fund FeesManagement Fees, but Net of HighMark Plus Composite (Active) Index Plus Composite (Passive) Gross Net_ Gross Net Current Quarter* _11§V55% 3.46% Current Quarter* 3.50% 3.41% Blended Benchmark*, ** 3.91% Blended Benchmark*,** 3.91% Year To Date*" -13.46% -13.77% Year To Date*,& -13.00% -13.32% Blended Benchmark*, ** -12.35% Blended Benchmark*, ** -12.35% 1 Yea -13.46% -13.77% Iea -13 0 x3.32% Blended Benchmark** -12.35% Blended Benchmark** -12.35% 3 Yea 0.26% -0.10%1 ELea 0.19% -0.17% Blended Benchmark** 0.54% Blended Benchmark** 0.54% _ ea_ 230/ M 1.86% Iea 2.20% 1.84% Blended Benchmark** 2.52% Blended Benchmark** 2.52% 10Y 3.36% 10 Ye 62% 3.25% Blended Benchmark** 3.90% Blended Benchmark** 3.90% Returns less than one year are not annualized. **Breakdown for Blended Benchmark: From 10/1/2012 - Present: 15.5% S&P500, 3% Russell Mid Cap, 4.5% Russell 2000,2% MSCI EM (net), 4% MSCI EAFE (net), 49.25% Bloomberg US Agg, 14% ICE BofA 1- 3 Yr US Corp/Gov't, 1.75% ICE BofA US High Yield Master II, 1 % Wilshire REIT, and 5% FTSE 1 Mth US T -Bill. From 4/1/2007 - 9/30/2012: the blended benchmark was 25% S&P 500; 1.5% Russell 2000, 3.5% MSCI EAFE (net), 25% ICE BofA 1-3 Year Corp./Govt, 40% Bloomberg US Agg, 5% FTSE 1 Mth US T -Bill. Prior to April 2007, the blended benchmark was 30% S&P 500, 25% ICE BofA 1-3Yr Corp/Gov, 40% Bloomberg US Agg, and 5% FTSE 1 Mth US T -Bill. ANNUAL RETURNS (Gross of Investment Management Fees, but Net of Embedded Fund Fees) HighMark Plus Composite (Active) Index Plus Composite (Passive) -15.37% 2 -12.40% 2009 18.71% 2009 11.92% 2010 10.46% 2010 9.72% 2011 1.75% 2011 3.24% 2012 10.88% 2012 -- 8.24% 2013 7.30% 2013 6.78% 2014 4.41% 2014 F 5.40% 2015 0.32% 2015 -0.18% 2016 4.94% 2016 5.42% 2017 9.56% 2017 8.08% 2018 -2.60% 2018 -2.33% 2019 13.73% 2019 13.53% 2020 10.76% 2020 9.74% 2021 5.15% 2021 5.33% 2022 -13.46% 2022 -13.00% Page 127 of 156 HOLDINGS HighMark Plus (Active) Columbia Contrarian Core 13 Vanguard Growth & Income Adm Dodge & Cox Stock Fund iShares S&P 500 Value ETF Harbor Capital Appreciation - Retirement T. Rowe Price Growth Stock - I iShares Russell Mid -Cap ETF Vanguard Real Estate ETF Index Plus (Passive) iShares Core S&P 500 ETF iShares S&P 500 Value ETF iShares S&P 500 Growth ETF iShares Russell Mid -Cap ETF Vanguard Real Estate ETF iShares Russell 2000 Value ETF iShares Russell 2000 Growth ETF iShares Core MSCI EAFE ETF Undiscovered Managers Behavioral Value -R6 Vanguard FTSE Emerging Markets ETF Vanguard Small Cap Growth ETF DFA Large Cap International Portfolio Dodge & Cox International Stock MFS International Growth - R6 Hartford Schroders Emerging Markets Eq Vanguard Short -Term Invest -Grade Adm PIMCO High Yield Instl PIMCO Total Return Fund - Inst PGIM Total Return Bond - R6 DoubleLine Core Fixed Income - I First American Government Obligations Z STYLE Intl Stocks 4.7 Mid Cap 2.7 Large Cap Growth 3.3 Large Cap Core 8.2 Short -Term 0 13.5 Higl Vanguard Short -Term Invest -Grade Adm iShares Core U.S. Aggregate Vanguard High -Yield Corp Adm First American Government Obligations Z Holdings are subject to change at the discretion of the investment manager. Large Cap Value Real Estate 1.0 Interm-Term Bond 52.5 The performance records shown represent a size -weighted composite of tax exempt accounts that meet the following criteria: Accounts are managed by HighMark with full investment authority according to the PARS Moderately Conservative active and passive objectives. The adviser to the PARS portfolios is US Bank, and HighMark serves as sub -adviser to US Bank to manage these portfolios. US Bank may charge clients as much as 0.60% annual management fee based on a sliding scale. US Bank pays HighMark 60% of the annual management fee for assets sub -advised by HighMark under its sub -advisory agreement with US Bank. The 0.36% paid to HighMark, as well as other expenses that may be incurred in the management of the portfolio, will reduce the portfolio's returns. Assuming an investment for five years, a 5% annual total return, and an annual sub -advisory fee rate of 0.36% deducted from the assets at market at the end of each year, a $10 million initial value would grow to $12.53 million after fees (Net -of -Fees) and $12.76 million before fees (Gross -of -Fees). Gross returns are presented before management and custodial fees but after all trading expenses and reflect the reinvestment of dividends and other income. A client's return will be reduced by the advisory fees and other expenses it may incur as a client. Additional information regarding the firm's policies and procedures for calculating and reporting performance results is available upon request. Performance results are calculated and presented in U.S. dollars and do not reflect the deduction of investment advisory fees, custody fees, or taxes but do reflect the deduction of trading expenses. Returns are calculated based on trade -date accounting. Blended benchmarks represent HighMark's strategic allocations between equity, fixed income, and cash and are rebalanced monthly. Benchmark returns do not reflect the deduction of advisory fees or other expenses of investing but assumes the reinvestment of dividends and other earnings. An investor cannot invest directly in an index. The unmanaged S&P 500 Index is representative of the performance of large companies in the U.S. stock market. The MSCI EAFE Index is a free float -adjusted market capitalization index designed to measure developed market equity performance, excluding the U.S. and Canada. The MSCI Emerging Markets Index is a free float -adjusted market capitalization index that is designed to measure equity market performance in the global emerging markets. The Russell Midcap Index measures the performance of the mid -cap segment of the U.S. equity universe. The Russell 2000 Index measures the performance of the small -cap segment of the U.S. equity universe. The ICE BofA U.S. High Yield Master II Index tracks the performance of below investment grade U.S. dollar-denominated corporate bonds publicly issued in the U.S. domestic market. Wilshire REIT index measures U.S. publicly traded Real Estate Investment Trusts. The unmanaged Bloomberg U.S. Aggregate Bond Index is generally representative of the U.S. taxable bond market as a whole. The ICE BofA 1-3 Year U.S. Corporate & Government Index tracks the bond performance of the ICE BofA U.S. Corporate & Government Index, with a remaining term to final maturity less than 3 years. The unmanaged FTSE 1 -Month U.S. Treasury Bill Index tracks the yield of the 1 -month U.S. Treasury Bill. HighMark Capital Management, Inc. (HighMark), an SEC -registered investment adviser, is a wholly owned subsidiary of MUFG Union Bank, N.A. (MUFG Union Bank). HighMark manages institutional separate account portfolios for a wide variety of for-profit and nonprofit organizations, public agencies, and public and private retirement plans. HighMark and MUFG Union Banks's ultimate parent company is a wholly-owned subsidiary of U.S. Bancorp ("USB"). MUFG Union Bank provides certain services to HighMark and is compensated for these services. Past performance does not guarantee future results. Individual account management and construction will vary depending on each client's investment needs and objectives. Investments employing HighMark strategies are NOT insured by the FDIC or by any other Federal Government Agency, are NOT Bank deposits, are NOT guaranteed by the Bank or any Bank affiliate, and MAY lose value, including possible loss of principal. Page 128 of 156 -AHIGHIIIIARK(D CAPITAL MANAGEMENT WHY THE PARS DIVERSIFIED MODERATE PORTFOLIO? Comprehensive Investment Solution HighMark® Capital Management, Inc.'s (HighMark) diversified investment portfolios are designed to balance return expectations with risk tolerance. Key features include: sophisticated asset allocation and optimization techniques, four layers of diversification (asset class, style, manager, and security), access to rigorously screened, top tier money managers, flexible investment options, and experienced investment management. Rigorous Manager Due Diligence Our manager review committee utilizes a rigorous screening process that searches for investment managers and styles that have not only produced above-average returns within acceptable risk parameters, but have the resources and commitment to continue to deliver these results. We have set high standards for our investment managers and funds. This is a highly specialized, time consuming approach dedicated to one goal: competitive and consistent performance. Flexible Investment Options In order to meet the unique needs of our clients, we offer access to flexible implementation strategies: HighMark Plus utilizes actively managed mutual funds while Index Plus utilizes index -based securities, including exchange -traded funds. Both investment options leverage HighMark's active asset allocation approach. Risk Management The portfolio is constructed to control risk through four layers of diversification - asset classes (cash, fixed income, equity), investment styles (large cap, small cap, international, value, growth), managers and securities. Disciplined mutual fund selection and monitoring process helps to drive return potential while reducing portfolio risk. PORTFOLIO FACTS HighMark Plus (Active) Composite Inception Date 10/2004 No of Holdings in Portfolio 20 Index Plus (Passive) Composite Inception Date 05/2006 No of Holdings in Portfolio 13 INVESTMENT OBJECTIVE To provide current income and moderate capital appreciation. It is expected that dividend and 45 interest income will comprise a significant portion of total return, although growth through capital appreciation is equally important. Efficient Frontier iii �Capitaliation Balanced Moderate Moderately Conservative Conservative Page 129 of 156 Risk (standard Deviation) ASSET ALLOCATION - MODERATE PORTFOLIO Strategic Range Policy Tactical Mity �_ 40-60% 50% 47% Fixed Income 40-60% 45% 48% Cash '2W 0 - 20% 5% JIMMEP- 5% ANNUALIZED TOTAL RETURNS Emross of beddednvestment Fund Fees)Management Fees, but Net of HighMark Plus Composite (Active) Index Plus Composite (Passive) Gross Net Gross Net _ _ Current Quarter* 4.71% 4.62% _ _ Current Quarter* 4.78% 4.68% Blended Benchmark`,** 5.30% Blended Benchmark`,** 5.30% Year To Date* -14.63% -14.94% Year To Date*,M -14.21% -14.53% Blended Benchmark*, ** -13.74% Blended Benchmark*, ** -13.74% jjlfea-14.63% -14. ear -14.21% -14.53% Blended Benchmark** -13.74% Blended Benchmark** -13.74% 3 Year 1.76% 1.40% 3 Year 1.68%M1.32% Blended Benchmark** 2.12% Blended Benchmark** 2.12% 5 Yea 3.55%�. 75Y e a 3.47%03.10% Blended Benchmark** 3.90% Blended Benchmark** 3.90% 10 Ye�� ..,�.46°/L.09% 10 Ye 34°/j}.97ya Blended Benchmark** 5.78% Blended Benchmark** 5.78% *Returns less than one year are not annualized. "Breakdown for Blended Benchmark: From 10/l/2012- Present: 26.5% S&P500, 5% Russell Mid Cap, 7.5% Russell 2000,3.25% MSCI EM (net), 6% MSCI EAFE (net), 33.50% Bloomberg US Agg, 10% ICE BofA 1-3 Yr US Corp/Gov't, 1.50% ICE BofA US High Yield Master II, 1.75% Wilshire REIT, and 5% FTSE 1 Mth UST -Bill. From 4/1/2007- 9/30/2012: the blended benchmark was 43% S&P 500; 2% Russell 2000, 5% MSCI EAFE (net), 15% ICE BofA 1-3 Year Corp./Govt, 30% Bloomberg US Agg, 5% FTSE 1 Mth UST -Bill. Prior to April 2007: the blended benchmark was 50% S&P 500,15% ICE BofA 1- 3Yr Corp/Gov, 30% Bloomberg US Agg, and 5% FTSE 1 Mth US T -Bill. ANNUAL RETURNS (Gross of Investment Management Fees, but Net of Embedded Fund Fees) HighMark Plus Composite (Active) Index Plus Composite (Passive) 2008 -22.88% 2008 -18.14% 2009 21.47% 2009 16.05% 2010 12.42% 2010 11.77% 2011 0.55% 2011 2.29% 2012 12.25% 2012 10.91% 2013 13.06% 2013 12.79% 2014 4.84% 2014 5.72% 2015 0.14% 2015 -0.52% 2016 6.45% 2016 _W23% 2017 13.19% 2017 11.59% 2018 -4.03% 2018 -4.03% 2019 17.71% 2019 17.52% 2020 12.92% 2020 11.23% 2021 9.31% 2021 10.18% 2022 -14.63% 2022 -14.21% Page 129 of 156 HOLDINGS HighMark Plus (Active) Columbia Contrarian Core 13 Vanguard Growth & Income Adm Dodge & Cox Stock Fund iShares S&P 500 Value ETF Harbor Capital Appreciation - Retirement T. Rowe Price Growth Stock - I iShares Russell Mid -Cap ETF Vanguard Real Estate ETF Index Plus (Passive) iShares Core S&P 500 ETF iShares S&P 500 Value ETF iShares S&P 500 Growth ETF iShares Russell Mid -Cap ETF Vanguard Real Estate ETF iShares Russell 2000 Value ETF iShares Russell 2000 Growth ETF iShares Core MSCI EAFE ETF Undiscovered Managers Behavioral Value -R6 Vanguard FTSE Emerging Markets ETF Vanguard Small Cap Growth ETF Vanguard Short -Term Invest -Grade Adm DFA Large Cap International Portfolio iShares Core U.S. Aggregate Dodge & Cox International Stock Vanguard High -Yield Corp Adm MFS International Growth - R6 First American Government Obligations Z Hartford Schroders Emerging Markets Eq Vanguard Short -Term Invest -Grade Adm PIMCO High Yield Instl PIMCO Total Return Fund - Inst PGIM Total Return Bond - R6 DoubleLine Core Fixed Income - I First American Government Obligations Z STYLE Q 5: Intl Stocks 7.3 Mid Cap 4.5 Large Cap Growth 5.6 Large Cap Core 14.0 Holdings are subject to change at the discretion of the investment manager. Large Cap Value Real Estate 6.4% _ —1.8% Q-11 r ., Short -Term Bond 10.7 Interm-Term Bond 36.3 The performance records shown represent size -weighted composites of tax exempt accounts that meet the following criteria: Accounts are managed by HighMark with full investment authority according to the PARS Moderate active and passive objectives. The adviser to the PARS portfolios is US Bank, and HighMark serves as sub -adviser to US Bank to manage these portfolios. US Bank may charge clients as much as 0.60% annual management fee based on a sliding scale. US Bank pays HighMark 60% of the annual management fee for assets sub -advised by HighMark under its sub -advisory agreement with US Bank. The 0.36% paid to HighMark, as well as other expenses that may be incurred in the management of the portfolio, will reduce the portfolio's returns. Assuming an investment for five years, a 5% annual total return, and an annual sub - advisory fee rate of 0.36% deducted from the assets at market at the end of each year, a $10 million initial value would grow to $12.53 million after fees (Net -of -Fees) and $12.76 million before fees (Gross -of -Fees). Gross returns are presented before management and custodial fees but after all trading expenses and reflect the reinvestment of dividends and other income. A client's return will be reduced by the advisory fees and other expenses it may incur as a client. Additional information regarding the firm's policies and procedures for calculating and reporting performance results is available upon request. Performance results are calculated and presented in U.S. dollars and do not reflect the deduction of investment advisory fees, custody fees, or taxes but do reflect the deduction of trading expenses. Returns are calculated based on trade -date accounting. Blended benchmarks represent HighMark's strategic allocations between equity, fixed income, and cash and are rebalanced monthly. Benchmark returns do not reflect the deduction of advisory fees or other expenses of investing but assumes the reinvestment of dividends and other earnings. An investor cannot invest directly in an index. The unmanaged S&P 500 Index is representative of the performance of large companies in the U.S. stock market. The MSCI EAFE Index is a free float -adjusted market capitalization index designed to measure developed market equity performance, excluding the U.S. and Canada. The MSCI Emerging Markets Index is a free float -adjusted market capitalization index that is designed to measure equity market performance in the global emerging markets. The Russell Midcap Index measures the performance of the mid -cap segment of the U.S. equity universe. The Russell 2000 Index measures the performance of the small -cap segment of the U.S. equity universe. The ICE BofA U.S. High Yield Master II Index tracks the performance of below investment grade U.S. dollar-denominated corporate bonds publicly issued in the U.S. domestic market. Wilshire REIT index measures U.S. publicly traded Real Estate Investment Trusts. The unmanaged Bloomberg U.S. Aggregate Bond Index is generally representative of the U.S. taxable bond market as a whole. The ICE BoIA 1-3 Year U.S. Corporate & Government Index tracks the bond performance of the ICE BofA U.S. Corporate & Government Index, with a remaining term to final maturity less than 3 years. The unmanaged FTSE 1 -Month U.S. Treasury Bill Index tracks the yield of the 1 - month U.S. Treasury Bill. HighMark Capital Management, Inc. (HighMark), an SEC -registered investment adviser, is a wholly owned subsidiary of MUFG Union Bank, N.A. (MUFG Union Bank). HighMark manages institutional separate account portfolios for a wide variety of for-profit and nonprofit organizations, public agencies, and public and private retirement plans. HighMark and MUFG Union Banks's ultimate parent company is a wholly-owned subsidiary of U.S. Bancorp ("USB"). MUFG Union Bank provides certain services to HighMark and is compensated for these services. Past performance does not guarantee future results. Individual account management and construction will vary depending on each client's investment needs and objectives. Investments employing HighMark strategies are NOT insured by the FDIC or by any other Federal Government Agency, are NOT Bank deposits, are NOT guaranteed by the Bank or any Bank affiliate, and MAY lose value, including possible loss of principal. Page 130 of 156 -AHIGHIIIIARK(D CAPITAL MANAGEMENT Page 131 of 156 INVESTMENT OBJECTIVE Efficient Frontier WHY THE PARS DIVERSIFIED BALANCED PORTFOLIO? To provide growth of principal and �Capilaliation income. While dividend and Comprehensive Investment Solution interest income are an important d Balanced HighMark® Capital Management, Inc.'s (HighMark) component of the objective's Moderate diversified investment portfolios are designed to P 9 total return, it is expected that 7,E Moderately Conservative balance return expectations with risk tolerance. capital appreciation will comprise Conservative Key features include: sophisticated asset allocation a larger portion of the total return. and optimization techniques, four layers of Risk (Standard Deviation) diversification (asset class, style, manager, and ASSET ALLOCATION - BALANCED PORTFOLIO security), access to rigorously screened, top tier Strategic Range Policy Tactical money managers, flexible investment options, and - experienced investment management. E= 50-70% 60% 56% Fixed Income 30-50% 35% 38% Rigorous Manager Due Diligence 0-20% 5% Our manager review committee utilizes a rigorous (Gross of Investment Management Fees, but Net of screening process that searches for investment ANNUALIZED TOTAL RETURNS Embedded Fund Fees) managers and styles that have not only produced HighMark Plus Composite (Active) Index Plus Composite (Passive) above-average returns within acceptable risk Gross Net Gross Net parameters, but have the resources and commitment Current Quarter* 5.27% 5.18% Current Quarter* 5.38% 5.29% to continue to deliver these results. We have set high Blended Benchmark*,** 6.00% Blended Benchmark*,** 6.00% standards for our investment managers and funds. Year T� -15.28% -15.59% Year To Date* & -14.97% -15.28% This is a highly specialized, time consuming Blended Benchmark*, ** -14.58%* ** ° Blended Benchmark*,** -14.58/0 approach dedicated to one goal: competitive and 1 Yea IIII,-15.28% -15.59% 1 Year - -14.97% -15.28% consistent performance. Blended Benchmark** -14.58% Blended Benchmark** -14.58% 3 Year � 2.43% 2.07% 3 Year � 2.38% 2.02% Flexible Investment Options In order to meet the unique needs of our clients, Blended Benchmark** 2.83% Blended Benchmark** 2.83% 5 Year �. 4.15°/�% 5 Year � 4.039/ we offer access to flexible implementation strategies: HighMark Plus utilizes actively managed mutual Blended Benchmark** 4.53% Blended Benchmark** 4.53% funds while Index Plus utilizes index -based 10 Year 1W 6.32% 5.94% 10 Yea 6.17% 5.79% securities, including exchange -traded funds. Both Blended Benchmark** 6.69% Blended Benchmark** 6.69% investment options leverage HighMark's active asset * Returns less than one year are not annualized. **Breakdown for Blended Benchmark: From 10/1/2012 - Present: 32% S&P500, 6% Russell Mid Cap, 9% Russell 2000,4% MSCI EM (net), 7% MSCI EAFE (net), 27% Bloomberg US Agg, 6.75% ICE BofA 1-3 Yr US allocation a r08Ch. pp Corp/Gov't, 1.25% ICE BofA US High Yield Master II, 2% Wilshire REIT, and 5% FTSE 1 Mth US T -Bill. From 4/1/2007- 9/30/2012: the blended benchmark was 51 % S&P 500; 3% Russell 2000, 6% MSCI EAFE (net), 5% ICE BofA 1-3 Year Corp./Govt, 30% Bloomberg US Agg, 5% FTSE 1 Mth US T -Bill. Prior to April 2007: the blended benchmark was 60% S&P 500, 5% ICE BofA 1-3Yr Corp/Gov, 30% Bloomberg US Agg, and 5% FTSE 1 Mth US T -Bill. Risk Management ANNUAL RETURNS (Gross of Investment Management Fees, but Net of Embedded The portfolio is constructed to control risk through Fund Fees) four layers of diversification - asset classes (cash, HighMark Plus Composite (Active) Index Plus Composite (Passive) fixed income, equity), investment styles (large cap, 2008 -25.72% 2008 -23.22% small cap, international, value, growth), managers 2009 21.36% 2009 17.62% and securities. Disciplined mutual fund selection and 2010 14.11% 2010 12.76% monitoring process helps to drive return potential 2011 -0.46% 2011 1.60% while reducing portfolio risk. 2012 13.25% 2012 11.93% 2013 16.61% 2013 15.63% PORTFOLIO FACTS 2014 4.70% 2014 6.08% 2015 0.04% 2015 -0.81% HighMark Plus (Active) 2016 6.81 % 2016 8.26% Composite Inception Date 10/2006 2017 15.46% 2017 13.39% No of Holdings in Portfolio 20 2018 4.88% 2018 -5.05% Index Plus (Passive) 2019 19.85% 2019 19.59% 2020 3.85% 2020 12.07% Composite Inception Date 10/2007 2021 11.44% 2021 12.63% No of Holdings in Portfolio 13 2022 =5.28% 2022 -14.97% Page 131 of 156 HOLDINGS HighMark Plus (Active) Columbia Contrarian Core 13 Vanguard Growth & Income Adm Dodge & Cox Stock Fund iShares S&P 500 Value ETF Harbor Capital Appreciation - Retirement T. Rowe Price Growth Stock - I iShares Russell Mid -Cap ETF Vanguard Real Estate ETF Index Plus (Passive) iShares Core S&P 500 ETF iShares S&P 500 Value ETF iShares S&P 500 Growth ETF iShares Russell Mid -Cap ETF Vanguard Real Estate ETF iShares Russell 2000 Value ETF iShares Russell 2000 Growth ETF iShares Core MSCI EAFE ETF Undiscovered Managers Behavioral Value -R6 Vanguard FTSE Emerging Markets ETF Vanguard Small Cap Growth ETF DFA Large Cap International Portfolio Dodge & Cox International Stock MFS International Growth - R6 Hartford Schroders Emerging Markets Eq Vanguard Short -Term Invest -Grade Adm PIMCO High Yield Instl PIMCO Total Return Fund - Inst PGIM Total Return Bond - R6 DoubleLine Core Fixed Income - I First American Government Obligations Z STYLE Vanguard Short -Term Invest -Grade Adm iShares Core U.S. Aggregate Vanguard High -Yield Corp Adm First American Government Obligations Z Holdings are subject to change at the discretion of the investment manager. Real Estate Large Cap Value 2.0% 7.' ' Cash 6.0% Intl Stocks 8.6% Mid Cap 5.5% Large Cap Growth 6.8% Large Cap Core 17.0% Short -Term Bond 7.5% Interm-Term Bond 29.6% ield 16 The performance records shown represent size -weighted composites of tax exempt accounts that meet the following criteria: Accounts are managed by HighMark with full investment authority according to the PARS Balanced active and passive objectives. The composite name has been changed from PARS Balanced/Moderately Aggressive to PARS Balanced on 5/1/2013. The adviser to the PARS portfolios is US Bank, and HighMark serves as sub -adviser to US Bank to manage these portfolios. US Bank may charge clients as much as 0.60% annual management fee based on a sliding scale. US Bank pays HighMark 60% of the annual management fee for assets sub -advised by HighMark under its sub -advisory agreement with US Bank. The 0.36% paid to HighMark, as well as other expenses that may be incurred in the management of the portfolio, will reduce the portfolio's returns. Assuming an investment for five years, a 5% annual total return, and an annual sub -advisory fee rate of 0.36% deducted from the assets at market at the end of each year, a $10 million initial value would grow to $12.53 million after fees (Net -of -Fees) and $12.76 million before fees (Gross -of -Fees). Gross returns are presented before management and custodial fees but after all trading expenses and reflect the reinvestment of dividends and other income. A client's return will be reduced by the advisory fees and other expenses it may incur as a client. Additional information regarding the firm's policies and procedures for calculating and reporting performance results is available upon request. Performance results are calculated and presented in U.S. dollars and do not reflect the deduction of investment advisory fees, custody fees, or taxes but do reflect the deduction of trading expenses. Returns are calculated based on trade -date accounting. Blended benchmarks represent HighMark's strategic allocations between equity, fixed income, and cash and are rebalanced monthly. Benchmark returns do not reflect the deduction of advisory fees or other expenses of investing but assumes the reinvestment of dividends and other earnings. An investor cannot invest directly in an index. The unmanaged S&P 500 Index is representative of the performance of large companies in the U.S. stock market. The MSCI EAFE Index is a free float - adjusted market capitalization index designed to measure developed market equity performance, excluding the U.S. and Canada. The MSCI Emerging Markets Index is a free float -adjusted market capitalization index that is designed to measure equity market performance in the global emerging markets. The Russell Midcap Index measures the performance of the mid - cap segment of the U.S. equity universe. The Russell 2000 Index measures the performance of the small -cap segment of the U.S. equity universe. The ICE BofA U.S. High Yield Master II Index tracks the performance of below investment grade U.S. dollar-denominated corporate bonds publicly issued in the U.S. domestic market. Wilshire REIT index measures U.S. publicly traded Real Estate Investment Trusts. The unmanaged Bloomberg U.S. Aggregate Bond Index is generally representative of the U.S. taxable bond market as a whole. The ICE BofA 1-3 Year U.S. Corporate & Government Index tracks the bond performance of the ICE BofA U.S. Corporate & Government Index, with a remaining term to final maturity less than 3 years. The unmanaged FTSE 1 -Month U.S. Treasury Bill Index tracks the yield of the 1 -month U.S. Treasury Bill. HighMark Capital Management, Inc. (HighMark), an SEC -registered investment adviser, is a wholly owned subsidiary of MUFG Union Bank, N.A. (MUFG Union Bank). HighMark manages institutional separate account portfolios for a wide variety of for-profit and nonprofit organizations, public agencies, and public and private retirement plans. HighMark and MUFG Union Banks's ultimate parent company is a wholly-owned subsidiary of U.S. Bancorp ("USB"). MUFG Union Bank provides certain services to HighMark and is compensated for these services. Past performance does not guarantee future results. Individual account management and construction will vary depending on each client's investment needs and objectives. Investments employing HighMark strategies are NOT insured by the FDIC or by any other Federal Government Agency, are NOT Bank deposits, are NOT guaranteed by the Bank or any Bank affiliate, and MAY lose value, including possible loss of principal. Page 132 of 156 -AHIGHIIIIARK") CAPITAL MANAGEMENT WHY THE PARS DIVERSIFIED CAPITAL APPRECIATION PORTFOLIO? Comprehensive Investment Solution HighMark® Capital Management, Inc.'s (HighMark) diversified investment portfolios are designed to balance return expectations with risk tolerance. Key features include: sophisticated asset allocation and optimization techniques, four layers of diversification (asset class, style, manager, and security), access to rigorously screened, top tier money managers, flexible investment options, and experienced investment management. Rigorous Manager Due Diligence Our manager review committee utilizes a rigorous screening process that searches for investment managers and styles that have not only produced above-average returns within acceptable risk parameters, but have the resources and commitment to continue to deliver these results. We have set high standards for our investment managers and funds. This is a highly specialized, time consuming approach dedicated to one goal: competitive and consistent performance. Flexible Investment Options In order to meet the unique needs of our clients, we offer access to flexible implementation strategies: HighMark Plus utilizes actively managed mutual funds while Index Plus utilizes index -based securities, including exchange -traded funds. Both investment options leverage HighMark's active asset allocation approach. Risk Management The portfolio is constructed to control risk through four layers of diversification - asset classes (cash, fixed income, equity), investment styles (large cap, small cap, international, value, growth), managers and securities. Disciplined mutual fund selection and monitoring process helps to drive return potential while reducing portfolio risk. PORTFOLIO FACTS Consolidated Composite Composite Inception Date 01/2009 No of Holdings in Portfolio 20 INVESTMENT OBJECTIVE To provide growth of principal. The major portion of the assets are invested in equity securities and market fluctuations are expected. 3 d Efficient Frontier Capital Appreciation Balanced Moderate Moderately Conservative Conservative Risk (Standard Deviation) ASSET ALLOCATION - CAPITAL APPRECIATION PORTFOLIO Strategic Range Policy Tactical Equity 65-85% 75% 70% Fixed Income 10-30% 20% 23% Cash 0-20% 5% 7% (Gross of Investment Management Fees, but Net of ANNUALIZED TOTAL RETURNS Embedded Fund Fees) Consolidated Composite Gross Net Current Quarter* 6.28% 6.19% Blended Benchmark*, ** 7.21% Year To Date* -16.08% -16.38% Blended Benchmark*,** -15.65% 1 Year -16.08% -16.38% Blended Benchmark** -15.65% 3 Year 3.37% 3.00% Blended Benchmark** 3.77% 5 Year 4.99% 4.61% Blended Benchmark** 5.33% 10 Year 7.50% 7.12% Blended Benchmark** 7.91% ' Returns less than one year are not annualized. -Breakdown for Blended Benchmark: 39.5% S&P500, 7.5% Russell Mid Cap, 10.5% Russell 2000,5.25% MSCI EM (net), 10.25% MSCI EAFE (net), 16% Bloomberg US Agg, 3% ICE BofA 1-3 Yr US Corp/Gov't, 1 % ICE BofA US High Yield Master II, 2% Wilshire REIT, and 5% FTSE 1 Mth US T -Bill. (Gross of Investment ANNUAL RETURNS Management Fees, but Net of Embedded Fund Fees) Consolidated Composite 2008 N/A 2009 23.77% 2010 12.95% 2011 -1.35% 2012 13.87% 2013 20.33% 2014 6.05% 2015 -0.26% 2016 8.79% 2017 16.72% 2018 -5.82% 2019 22.62% 2020 14.50% 2021 14.96% 2022 -16.08% Page 133 of 156 HOLDINGS HighMark Plus (Active) Columbia Contrarian Core 13 Vanguard Growth & Income Adm Dodge & Cox Stock Fund iShares S&P 500 Value ETF Harbor Capital Appreciation — Retirement T. Rowe Price Growth Stock - I iShares Russell Mid -Cap ETF Vanguard Real Estate ETF Index Plus (Passive) iShares Core S&P 500 ETF iShares S&P 500 Value ETF iShares S&P 500 Growth ETF iShares Russell Mid -Cap ETF Vanguard Real Estate ETF iShares Russell 2000 Value ETF iShares Russell 2000 Growth ETF iShares Core MSCI EAFE ETF Undiscovered Managers Behavioral Value -R6 Vanguard FTSE Emerging Markets ETF Vanguard Small Cap Growth ETF DFA Large Cap International Portfolio Dodge & Cox International Stock MFS International Growth - R6 Hartford Schroders Emerging Markets Eq Vanguard Short -Term Invest -Grade Adm PIMCO High Yield Instl PIMCO Total Return Fund - Inst PGIM Total Return Bond - R6 DoubleLine Core Fixed Income - I First American Government Obligations Z STYLE Intl Stocks 12.2% Mid Cap 6.9 Large Cap Growth 8.3 Vanguard Short -Term Invest -Grade Adm iShares Core U.S. Aggregate Vanguard High -Yield Corp Adm First American Government Obligations Z Holdings are subject to change at the discretion of the investment manager. Real Estate 2.0% Small Cap 9.7 Interm-Term Bond 18.6% High Yield 0.8% Short -Term Bond 3.3 Large Cap Core 21.5% The performance records shown represent a size -weighted composite of tax exempt accounts that meet the following criteria: Accounts are managed by HighMark with full investment authority according to the PARS Capital Appreciation active and passive objectives. The adviser to the PARS portfolios is US Bank, and HighMark serves as sub -adviser to US Bank to manage these portfolios. US Bank may charge clients as much as 0.60% annual management fee based on a sliding scale. US Bank pays HighMark 60% of the annual management fee for assets sub -advised by HighMark under its sub -advisory agreement with US Bank. The 0.36% paid to HighMark, as well as other expenses that may be incurred in the management of the portfolio, will reduce the portfolio's returns. Assuming an investment for five years, a 5% annual total return, and an annual sub - advisory fee rate of 0.36% deducted from the assets at market at the end of each year, a $10 million initial value would grow to $12.53 million after fees (Net -of -Fees) and $12.76 million before fees (Gross -of -Fees). Gross returns are presented before management and custodial fees but after all trading expenses and reflect the reinvestment of dividends and other income. A client's return will be reduced by the advisory fees and other expenses it may incur as a client. Additional information regarding the firm's policies and procedures for calculating and reporting performance results is available upon request. Performance results are calculated and presented in U.S. dollars and do not reflect the deduction of investment advisory fees, custody fees, or taxes but do reflect the deduction of trading expenses. Returns are calculated based on trade -date accounting. Blended benchmarks represent HighMark's strategic allocations between equity, fixed income, and cash and are rebalanced monthly. Benchmark returns do not reflect the deduction of advisory fees or other expenses of investing but assumes the reinvestment of dividends and other earnings. An investor cannot invest directly in an index. The unmanaged S&P 500 Index is representative of the performance of large companies in the U.S. stock market. The MSCI EAFE Index is a free float -adjusted market capitalization index designed to measure developed market equity performance, excluding the U.S. and Canada. The MSCI Emerging Markets Index is a free float -adjusted market capitalization index that is designed to measure equity market performance in the global emerging markets. The Russell Midcap Index measures the performance of the mid -cap segment of the U.S. equity universe. The Russell 2000 Index measures the performance of the small -cap segment of the U.S. equity universe. The ICE BofA U.S. High Yield Master II Index tracks the performance of below investment grade U.S. dollar-denominated corporate bonds publicly issued in the U.S. domestic market. Wilshire REIT index measures U.S. publicly traded Real Estate Investment Trusts. The unmanaged Bloomberg U.S. Aggregate Bond Index is generally representative of the U.S. taxable bond market as a whole. The ICE BofA 1-3 Year U.S. Corporate & Government Index tracks the bond performance of the ICE BofA U.S. Corporate & Government Index, with a remaining term to final maturity less than 3 years. The unmanaged FTSE 1 -Month U.S. Treasury Bill Index tracks the yield of the 1 -month U.S. Treasury Bill. HighMark Capital Management, Inc. (HighMark), an SEC -registered investment adviser, is a wholly owned subsidiary of MUFG Union Bank, N.A. (MUFG Union Bank). HighMark manages institutional separate account portfolios for a wide variety of for-profit and nonprofit organizations, public agencies, and public and private retirement plans. HighMark and MUFG Union Banks's ultimate parent company is a wholly-owned subsidiary of U.S. Bancorp ("USB"). MUFG Union Bank provides certain services to HighMark and is compensated for these services. Past performance does not guarantee future results. Individual account management and construction will vary depending on each client's investment needs and objectives. Investments employing HighMark strategies are NOT insured by the FDIC or by any other Federal Government Agency, are NOT Bank deposits, are NOT guaranteed by the Bank or any Bank affiliate, and MAY lose value, including possible loss of principal. Page 134 of 156 ITEM NO. 11.1. Yorba Linda Water District AGENDA REPORT MEETING DATE: May 4, 2023 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Director's Reports The Directors will report on their attendance at the following events: WACO Fri, Apr 7 Barbre/Lindsey MWDSC Board Tue, Apr 11 PYLUSD Board Tue, Apr 11 Barbre OC LAFCO Commission Wed, Apr 12 OCWD GWRS Dedication Fri, Apr 14 DesRoches/Hawkins/Lindsey Water Infrastructure Networking Summit Fri, Apr 14 DesRoches YL Adventure Playground Dedication Ceremony Fri, Apr 14 Barbre/DesRoches/Lindsey Nixon National Energy Conference Tue, Apr 18 Miller SAWPA Commission Tue, Apr 18 CalMutuals Board Tue, Apr 18 Barbre YL City Council Tue, Apr 18 Hawkins Placentia City Council Tue, Apr 18 DesRoches Brea City Council Tue, Apr 18 Lindsey MWDOC Board Wed, Apr 19 Miller OCWA Meeting Wed, Apr 19 Hawkins OCWD Board Wed, Apr 19 DesRoches ASCE Region 9 Awards Fri, Apr 21 Lindsey Wells Fargo Heli -Hydrant Demo Mon, Apr 24 Barbre/DesRoches/Hawkins/Lindsey PYLUSD Board Tue, Apr 25 Barbre MWDOC/OCWD Joint Planning Committee Wed, Apr 26 Miller/DesRoches OCSan Board Wed, Apr 26 Hawkins YLWD/City of Yorba Linda Committee Mon, May 1 Lindsey/DesRoches SAWPA Commission Tue, May 2 Brea City Council Tue, May 2 Barbre Placentia City Council Tue, May 2 DesRoches MWDOC Board Wed, May 3 Miller OCWD Board Wed, May 3 DesRoches Page 135 of 156 ITEM NO. 11.2. Yorba Linda Water District MEETING DATE: TO: FROM: STAFF CONTACTS: SUBJECT: AGENDA REPORT May 4, 2023 Board of Directors Mark Toy, General Manager Mark Toy, General Manager General Manager's Report A brief update on District activities and matters of interest as of April 26, 2023. General Manager The focus over this last reporting period continues to be budget development. We very much appreciate the BoD's guidance over the last several budget workshops so that we can fine-tune the details for the final budget submission. YLWD Directors and staff attended Orange County Water District's Dedication Ceremony for the final expansion of the Groundwater Replenishment System and the inaugural Water Infrastructure Networking Summit (WINS) coordinated by Moulton Nigel Water District on April 14, 2023. As a sponsor for the WINS event, we were thanked for playing a crucial role in making the event a success, and for YLWD's commitment to improving our region's water infrastructure. The Wells Fargo Heli -hydrant & Landing Zone demonstration on Monday, April 24, 2023 was a resounding success. Our thanks to President Barbre for coordinating the participation of Metropolitan Chair, Adan Ortega Jr. and Metropolitan GM Adel Hagekhalil, to witness CALFIRE rotary assets using the Camino de Bryant Heli -hydrant, and actually executing water drops. We posted the event on our social media platforms below: Linkedln - https://www.Iinkedin.com/feed/update/urn:Ii:activity:7056784058005008385 Instagram - https://www.instagram.com/p/CregFAPOOx1/?utm source=ig web copy link Facebook - https://www.facebook.com/YorbaLindaWaterDistrict As we move forward with our partnership with Metropolitan Water District of Southern California (MWD) on a third heli -hydrant and landing zone at MWD's Robert B. Diemer Treatment Plant, we look forward to finalizing our Memorandum of Understanding with MWD and receiving the final design and cost estimates for the heli -hydrant and landing zone. With the departure of YLWD employees in two key positions, Safety Officer and Public Affairs Officer, I will be looking to openly compete and subsequently hire these positions as soon as possible. We will be conducting interviews this week (April 27, 2023) for the Safety Officer position and will advertise the Public Affairs Officer position in the near future. AGM Doug Davert and I are set to attend the Association of California Water Agencies (ACWA) Page 136 of 156 Spring Conference in Monterey, CA the week of May 9-11, 2023. We look forward to VP DesRoches and Director Miller joining us for the ACWA conference and attending these informative seminars and events. Operations Well #18 Engine Failure On the evening of Thursday, April 13, 2023, the Production Superintendent reported an engine failure at Well #18. A large amount of oil was spilling from the engine and following inspection, staff determined the engine requires a complete rebuild. Staff is in the process of obtaining cost estimates from Caterpillar, the engine manufacturer. A complete rebuild of the engine performed by factory service technicians is estimated to cost between $100,000 to $150,000. Due to increased well production in the upcoming summer months, staff will be fast -tracking the repairs by utilizing in-house resources to perform the rebuild. The well is expected to be back in operation within 2-3 weeks for an estimated cost of approximately $100,000 including parts, equipment, and labor. Well No. 20 - Urgent Repair - Total Cost $165,652.29 Well #20 was first put into service in 2011 and has been a reliable source of groundwater for the last 12 years. In February 2023, the Operations Manager and Production Superintendent determined that Well #20 needed to be taken offline for pump service and evaluation. The Production Superintendent contacted several vendors which the District had previously contracted with in order to execute this type of work. Best Drilling and Layne Western were not responsive. General Pump Company, which YLWD has utilized for several jobs and originally installed the pump for Well #20, was responsive and has vast experience in well and pump repairs as well as the ability to engineer the required repairs necessary. After reviewing the repair quote and getting a second opinion from the District's on-call engineer, staff worked with General Pump to put together a fair quote for the necessary repairs with the goal of having the well back in service by June of 2023. The District will move forward with the quoted work as soon as possible in order to meet upcoming summer water demands. Because this expense exceeds staff's spending authority, this notice is being provided to the Board in compliance with the District's Purchasing Policy. Engineering District staff and Directors DesRoches and Lindsey toured the proposed location of the City of Yorba Linda Horse Trail at the District's Highland Reservoir. Construction has commenced on the Timber Ridge Booster Pump Station. Finance Staff responded to an Operational Management Assessment - Surveillance Questionnaire forwarded by S&P Global Ratings. S&P performed the surveillance review for the District's Revenue Bonds, Series 2022A issuance. Human Resources and Risk Management ■ Five applicants for the position of Safety Officer are scheduled to be interviewed April 27, 2023. Public Affairs ■ District staff attended the Yorba Linda Chamber of Commerce First Responders Appreciation Page 137 of 156 Breakfast on April 5, 2023. Freddie Ojeda, Operations Superintendent, and Danielle Logsdon, Principal Engineer, were recognized for their emergency preparedness efforts. ■ District staff attended the dedication of the final expansion of the OCWD/OCSan Groundwater Replenishment System on Friday, April 14, 2023. ■ District staff participated in the Water Infrastructure Networking Summit organized by Moulton Niguel Water District on April 14, 2023. The event was informative, well -attended, and highlighted potential CEQA reforms. ■ President Barbre, Vice President DesRoches, and the District's executive team hosted Metropolitan Chair Adan Ortega, Metropolitan General Manager Adel Hagekhalil, and Metropolitan Chief Engineer, John Bednarski, at the Wells Fargo Heli -Hydrant on April 24, 2023, for an orientation and live demonstration featuring a Cal Fire Firehawk. ■ Attached are the monthly reports from CommunicationsLAB and Townsend Public Affairs. Also attached is a comparative matrix of YLWD positions on proposed legislation. ATTACHMENTS: 1. CommunicationsLAB Monthly Report 2. Townsend Public Affairs Monthly Report 3. YLWD Bill Positions Matrix 4. Status of Due Outs Page 138 of 156 Communications discover your voice April Activity Report TO: Malissa Muttaraid, Interim Public Affairs Officer, Yorba Linda Water District FROM: Diego Teran, Sr. Account Manager, Communications LAB DATE: Apr. 20, 2023 RE: Current communications projects Below are highlights of current Communications Lab projects for Yorba Linda Water District: Social Media • Agency submitted quarterly KPI report covering 2023's first quarter. Next steps: Analyze data and make recommendations. • Social media calendar from mid-May. 15—mid-July was approved after design edits requested by the client. Next sten: The agency is moving on with content creation and posts. • Agency provided updated graphics, including thumbnails, for mid-May. 15—mid-July calendar for client's review. Next sten: The client to provide feedback. Video Production Client to send feedback to the agency for cleaning sewer video. Next stens: The agency to edit and resubmit before posts. • Client approved The Journey of Water video. 701 e chapman ave. orange, ca 92866 www.communicationsiab.com Page 139 of 156 T1IED TPA MEMORANDUM To: Yorba Linda Water District From: Townsend Public Affairs Date: April 11, 2023 Subject: State and Federal Legislative Monthly Report State Leaislative Update The month of March highlighted the State Legislature's quick pace of considering and amending legislation to ensure bills progressed through their first house. In addition to the growing momentum of legislative activity within the Legislature, March featured numerous developments related to addressing priority issues such as homelessness, mental health reform, and high gas prices. Below is an overview of pertinent State actions from the month of March. State Legislature Each week throughout the month of March featured numerous policy committees and robust agendas for bill considerations. This pace will continue through April and May, before bills must cross over to their second house. The Legislature will shift its focus once again to the budget process in May, which marks the time the Governor debuts his "May Revision" of the January budget proposal, followed by the constitutional deadline of July 1 wherein the Governor must sign a budget bill into law. In addition to numerous policy committee events, March saw a number of bill amendments. Since the bill introduction of February 17, the Legislature produced 1,751 Assembly Bills and 881 Senate Bills, for a total of 2,632 bills. Of those bills introduced, there were 495 spot bills and 551 intent bills between the two houses, for a total of 1,046 placeholder measures. That means 40 percent of the introduced bills were placeholder measures in need of substantive language amendments. Governor Newsom Announces the Easement of Drought Restrictions On March 24, Governor Newsom announced the State's plan to ease previous Emergency Drought Restrictions. The following restrictions have been eased, while some have been maintained in line with the State's water preservation measures: • Ends the voluntary 15% water conservation goal, continues to encourage using water wisely; • Ends requirement that local water agencies implement level 2 drought contingency plans; • Maintains ban on wasteful water uses, like watering ornamental grass on commercial grounds; • Preserves current emergency orders focused on groundwater supply; • Maintains orders on specific watersheds that have not benefited as much from recent rains; • Retains state of emergency for all 58 counties so response and recovery efforts can continue. Pagel Page 140 of 156 These actions come as the State announced increased water deliveries to 29 public water agencies that serve 27 million Californians, now expecting to deliver 75 percent of requested water supplies — up from 35 percent announced in February, and the highest since 2017. While the winter storms have mitigated some issues related to the drought, the Governor iterated that regions and communities across the State continue to experience water supply shortages, especially communities that rely on groundwater supplies that have been severely depleted in recent years. California Snowpack and Water Supply Conditions California continues to reel from a series of extreme weather events and storms throughout the Winter and Spring. The storms brought much needed snow and rain, as well as destructive flooding to many parts of the State that have not seen wet conditions in several years. While first responders and emergency response personnel still work in the aftermath of the storms, California's water supply conditions are rebounding. California officials are anticipating that the snowpack received as a result of a wet start of the year is maybe the deepest and densest in over 70 years. Specifically, analysis shows that snowpack contains as much as 30 million acre feet of water, enough to supply the entire State for more than a year. The statewide snowpack last week was 237% of normal for the date, the deepest on record since the State's network of snow sensors was established in the mid-1980s. California Department of Water Resources staff as well as other relevant State agencies have switched gears to prepare for the inevitable flooding as a result from snowpack melting too quickly. The sudden rush of water is expected to overflow several of the State's smaller reservoirs, causing potential flooding downstream. Governor Newsom Tours State to Discuss Priority Issues: Homelessness, Prison Reform, Public Safety, and Mental Health Care In lieu of a State of the State this year, Governor Newsom opted to hold a statewide tour and meet directly with residents and make major announcements related to reducing homelessness, improving public safety, reducing health care costs, and initiating mental health care reforms. The tour took place during the week of March 16. The first announcement regarding reducing homelessness was made in Sacramento. During this first announcement, the Governor discussed state funding programs aimed at reducing homelessness, including the $1 billion poised to be distributed to cities, counties, and continuums of care as part of the fourth cycle of the Homeless, Housing Assistance, and Prevention (HHAP) grant program. Additionally, the Governor discussed investments in encampment resolution, including a $30 million investment to build 1,200 tiny homes across the state this year. The homes, some as small as 120 square feet, can be assembled in 90 minutes and cost a fraction of what it takes to build permanent housing. The Governor said the homes can create space to help clear homeless encampments that have sprung up across the State's major cities. Following his announcement on homelessness efforts, the Governor made his second announcement regarding public safety and prison reforms from San Quentin Prison. He Page 2 Page 141 of 156 announced that the prison will be renamed to the "San Quentin Rehabilitation Center." The prison will move from a maximum -security prison to a prison focused on education, training, and rehabilitation. Maximum -security inmates will begin to be moved to other prisons to allow for the change. The Governor has asked the Legislature for $20 million for this initiative in the upcoming budget cycle. The new San Quentin Rehabilitation Center takes practices found in places such as Norway. In his third announcement, the Governor discussed the State's progress toward public safety and health reforms, including addressing the fentanyl crisis. The Governor announced that the State would begin to manufacture and distribute its own opioid antagonist medicine through its contract with CalRx. CalRx was authorized in 2020 as part of the State's efforts to partner with drugmakers that could produce cheaper generic alternatives to existing drugs that are no longer protected by patents, including naloxone and insulin. Governor Newsom has approved $100 million in the State budget for the project. These budget efforts are likely to complement legislative proposals seeking to expand access and education relating to opioid antagonist drugs Finally, on Sunday March 19, the Governor concluded his tour by discussing reforms that would go on the 2024 ballot to improve how California treats mental health and substance use disorders. The Governor's proposal breaks down to three main components: A general obligation bond to finance the construction of thousands of new community mental health facilities throughout the state. Reforms to the MHSA, directing $1 billion annually to pay for housing and other community-based residential solutions, expanding treatment eligibility to include those with substance use disorders, and creating greater flexibility in the use of remaining funds. Alignment of behavioral health benefits across all health plans in California and new accountability and oversight measures for county behavioral health plans. (more to come) Federal Legislative Updates The month of March saw numerous Federal actions related to the proposed authorization of emergency management funds, housing production assistance, and congressional support for ending the COVID-19 federal state of emergency. Below is an overview of pertinent federal actions from the month of March. Congress Agrees to End Federal COVID-19 State of Emergency During the last week of March, the Senate voted 68-23 on a resolution (H.J. Res. 7) that would end the COVID-19 national emergency. The measure, which the House approved earlier this year, will now be presented to President Biden for his signature. Despite the White House's strong opposition to the resolution, along with the Administration's plan to wind down both the national emergency and the public health emergency on May 11, President Biden has indicated that he will sign the measure into law. At the same time, the Administration has signaled that it will continue working with agencies to phase out the emergency declaration with as much notice as possible to Americans who could potentially be impacted. Page 3 Page 142 of 156 US Department of the Interior Releases Proposed Plan for Colorado River Operations On April 11, the US Department of the Interior released a proposal to address the ongoing water shortages along the Colorado River. The draft Supplemental Environmental Impact Statement (SEIS) analyzes two alternatives that would either force dramatic cuts to California's allocation, or focus cuts on Nevada and Arizona. A major focus of the proposals is to maintain hydropower capabilities on Glenn Canyon and Hoover Dams. The draft SEIS will be available for public comment for 45 calendar days and the final SEIS is anticipated to be available with a Record of Decision in Summer 2023. This document will inform the August 2023 decisions that will affect 2024 operations for Glen Canyon and Hoover Dams. From the DOI's announcement: The draft SEIS analyzes three alternatives, which reflect input from the Basin states, cooperating agencies, Tribes and other interested parties, including comments submitted during the SEIS public scoping period, including two written proposals from the Basin states that informed the following alternatives considered in this draft SEIS: No Action Alternative: The No Action Alternative describes the consequences of continued implementation of existing agreements that control operations of Glen Canyon Dam and Hoover Dam, including under further deteriorating hydrologic conditions and reservoir elevations. Action Alternative 1: Action Alternative 1 models potential operational changes to both Glen Canyon Dam and Hoover Dam. Action Alternative 1 includes modeling for reduced releases from Glen Canyon Dam, as well as an analysis of the effects of additional Lower Colorado River Basin shortages based predominately on the priority of water rights. Action Alternative 1 models progressively larger additional shortages as Lake Mead's elevation declines, and larger additional shortages in 2025 and 2026, as compared with 2024. The total shortage contributions in 2024, including those under existing agreements, are limited to 2.083 million -acre-feet because this is the maximum volume analyzed in the 2007 Interim Guidelines final environmental impact statement. Action Alternative 2: Action Alternative 2 is similar to Action Alternative 1 in how it models potential operational changes to both Glen Canyon Dam and Hoover Dam. Action Alternative 2 includes modeling for reduced releases from Glen Canyon Dam, as well as an analysis of the effects of additional Lower Colorado River Basin reductions that are distributed in the same percentage across all Lower Basin water users under shortage conditions. While both the 2007 Interim Guidelines and the 2019 Drought Contingency Plan encompass shortages and contributions that reflect the priority system, the incremental, additional shortages identified in Action Alternative 2 for the remainder of the interim period would be distributed in the same percentage across all Lower Basin water users. Action Alternative 2 models progressively larger additional shortages as Lake Mead's elevation declines and models larger Lower Basin shortages in 2025 and 2026 as compared with 2024. The total shortage contributions in 2024, including those under existing agreements, are limited to 2.083 million -acre-feet because this is the maximum volume analyzed in the 2007 Interim Guidelines FEIS. Page 4 Page 143 of 156 Members of the public interested in providing input on the SEIS can do so through May 30, 2023, per instructions in the Federal Register that will be published on April 14, 2023. Additional information about virtual public meetings can be found at Reclamation's website. ress Passes. but President Biden Vetoes Resolution of Disapproval of Biden WOTUS Rule The U.S. House of Representatives and U.S. Senate both approved a resolution of disapproval of President Biden's revamped Waters of the United States (WOTUS) rule in March. The resolution would have vacated the rule however President Biden vetoed it. Without further congressional action the revised WOTUS rule went into effect on March 20. The final WOTUS rule, published on January 18, 2023, puts in place WOTUS regulations in place prior to 2015's Clean Water Rule promulgated by the Obama Administration, and incorporates several changes mandated by subsequent Supreme Court rulings. The definition of WOTUS impacts local infrastructure operators in that if a water is now defined as a Water of the United States, a public agency may need to apply for a federal permit to maintain or build new infrastructure that touches on the water in question. The new WOTUS rule is subject to ongoing litigation and an upcoming Supreme Court decision in the case Sackett v. EPA. Depending on the outcome of the case, the final rule may need to be rewritten. Increased Federal Water Allocations The U.S. Bureau of Reclamation and California Department of Water Resources have both increased water allocations on the Central Valley Project and State Water Project respectively following the record setting storms of the 2022-2023 Winter. The increased allocations reflect the record setting hydrology of this water year. An overview of the federal water allocation can be read here. An overview of the state water allocation can be read here. Page 5 Page 144 of 156 YLWD State Bills of Interest BILL AUTHOR Proposed ACWA - Sponsor The bill would require the Department of Water Resources to research, CASA - NYC develop, and implement new observations, prediction models, novel CSDA - Support AB 30 Ward [D] forecasting methods, and tailored decision support systems to improve NYC MWD - NYC predictions of atmospheric rivers and their impacts on water supply, MWDOC - Watch flooding, post -wildfire debris flows, and environmental conditions. OCWD - Support OC San - NYC Establishes a statewide goal to increase above- and below -ground water ACWA - Support storage capacity by a total of 3.7 million acre-feet (MAF) by the year CASA - NYC 2030 and a total of 4.0 MAF by the year 2040. Requires the State Water Support if CSDA - Watch AB 62 Mathis [R] Resources Control Board (State Water Board) and the Department of Amended MWD - NYC Water Resources (DWR) to design and implement measures through a MWDOC - NYC variety of diversion, storage, and conveyance techniques to achieve the OCWD - NYC statewide goal. OC San - NYC ACWA - NYC TWO YEAR BILL - Would prohibit a synthetic polymer microparticle from CASA - Support being placed on the market in this state as a substance on its own or, CSDA - Watch AB 234 Bauer -Kahan [D] where the synthetic polymer microparticles are present to confer a Support MWD - NYC sought-after characteristic, in mixtures in a concentration equal to or MWDOC - NYC greater than 0.01 % by weight. OCWD - NYC OC San - Support Prohibits, commencing January 1, 2025, a person from manufacturing, ACWA - NYC distributing, selling, or offering for sale in the state any menstrual CASA - Support products that contain regulated PFAS. Provides that, upon an action CSDA - Watch AB 246 Papan [D] brought by the Attorney General, a city attorney, a county counsel, or a Support MWD - NYC district attorney, a person or entity that violates the PFAS restrictions of MWDOC - NYC this bill shall be liable for a civil penalty not to exceed five thousand OCWD - NYC dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation. OC San - Support 1 of 6 Page 145 of 156 YLWD State Bills of Interest 2 of 6 Page 146 of 156 94 :M Provides that an independent contractor who performs one phase of a project for a public entity, and who seeks to enter into a subsequent contract for a later phase of the same project, is not an "officer" for the ACWA - Favor purpose of a state law that prohibits public officers and employees from CASA - NYC being financially interested in any contract made by them in their official CSDA - Support AB 334 Rubio [D] capacity, or by any body or board of which they are members, if either of NYC MWD - NYC the following conditions are met: (a) the independent contractor did not MWDOC - NYC have responsibilities for public contracting on behalf of the public entity OCWD-NYC under the initial contract; or,(b) the independent contractor did not OC San - Support participate in making the subsequent contract through its performance of the initial contract. Grants the State Water Resources Control Board (State Water Board) ACWA - Oppose authority to issue an interim relief order to enforce the reasonable use CASA - NYC doctrine, public trust doctrine, water rights, and other provisions of water CSDA - Watch AB 460 Bauer -Kahan [D] law. Increases penalties for specified violations from $500 per day to NYC MWD - NYC $10,000 per day and $2,500 per acre-foot (AF) of water illegally diverted. MWDOC - NYC Authorizes the State Water Board to commence an interim relief OCWD - Oppose proceeding on its own motion or upon the petition of an interested party. OC San - NYC This bill would extend abbreviated teleconferencing provisions when a ACWA - NYC declared state of emergency is in effect, or in other situations related to CASA - NYC public health, as specified, indefinitely. The bill would also extend the CSDA - Sponsor AB 557 Hart [D] period for a legislative body to make the above-described findings related NYC MWD - NYC to a continuing state of emergency and social distancing to not later than MWDOC - Watch 45 days after the first teleconferenced meeting, and every 45 days OCWD - Support thereafter, in order to continue to meet under the abbreviated OC San - NYC teleconferencing procedures. 2 of 6 Page 146 of 156 YLWD State Bills of Interest 3 of 6 Page 147 of 156 AUTHORBILL SUMMAR7MPOSITIONS 1 POSITION11 Prohibits, commencing January 1, 2025, a person or entity from manufacturing or selling a cleaning product containing PFAS. Prohibits, ACWA - NYC commencing January 1, 2025, a person or entity from manufacturing, CASA - Sponsor selling, delivering, distributing, holding, or offering for sale in commerce CSDA-NYC AB 727 Weber [D] in this state a cleaning product containing any of the following: (a) NYC MWD - NYC Intentionally added PFAS; or, (b) PFAS in a product or product MWDOC-NYC component at or above the following thresholds: (i) Commencing OCWD - NYC January 1, 2025, 50 parts per million; and (ii) Commencing January 1, OC San - Support 2027, 25 parts per million. Requires, beginning January 1, 2025, and thereafter at intervals ACWA - Favor determined by the State Water Resources Control Board (State Water CASA - NYC CSDA - Watch AB 838 Connolly [D] Board), a public water system to provide to the State Water Board Oppose MWD - NYC specified information and data related to the average water bill paid by MWDOC - NYC customers and the public water system's completed and planned efforts OCWD - NYC to replace aging infrastructure. OC San - NYC ACWA - Oppose Authorizes the State Water Resources Control Board to adopt CASA - NYC regulations to ensure water is used in the public's interest and to CSDA - Oppose AB 1337 Wick [D] implement regulations through orders curtailing water use under any NYC MWD - NYC claim of right, even those prior to 1914. MWDOC - NYC OCWD - Oppose OC San - NYC 3 of 6 Page 147 of 156 YLWD State Bills of Interest 4of6 Page 148 of 156 94 1 ::a E_ Would, commencing January 1, 2024, require a manufacturer or installer of a covered surface, defined as artificial turf or a synthetic surface that resembles grass, proposing to design, sell, or install a field with a ACWA - NYC covered surface to any party to notify the party at the earliest possible CASA - NYC date that the covered surface contains regulated PFAS, as defined. The CSDA - Watch AB 1423 Schiavo [D] bill would also prohibit, commencing January 1, 2024, a public entity, NYC MWD - NYC including a charter city, charter county, city, or county, any public or MWDOC - NYC private school serving pupils in kindergarten or any of grades 1 to 12, OCWD - NYC inclusive, a public institution of higher education, other than the OC San - NYC University of California, or a private institution of higher education from purchasing or installing a covered surface containing regulated PFAS Places a $15.105 billion climate resilience bond before the voters on the ACWA - Support If Amended March 5, 2024, Primary Election ballot. Categories include: prevention CASA - NYC and reduction in the risk of wildfires, protection of coastal communities, CSDA - Watch AB 1567 Garcia [D] restoration of coastal and ocean resources, safe drinking water, drought NYC MWD - NYC preparation and response, and flood protection, protection and MWDOC-NYC restoration of natural lands, protection of California's agricultural OCWD - NYC resources. OC San - NYC Would make legislative findings and declarations concerning water use, ACWA - Oppose Unless Amended including that the use of potable water to irrigate nonfunctional turf is CASA - NYC wasteful and incompatible with state policy relating to climate change, CSDA - Oppose Unless Amended AB 1572 Friedman [D] water conservation, and reduced reliance on the Sacramento -San NYC MWD - NYC Joaquin Delta ecosystem. The bill would direct all appropriate state MWDOC - NYC agencies to encourage and support the elimination of irrigation of OCWD - NYC nonfunctional turf with potable water. OC San - NYC ACWA - Watch Would require, on and after January 1, 2029, that all new washing CASA - NYC machines offered for sale in California for residential, commercial, or CSDA - Watch AB 1628 McKinnor [D] state use contain a microfiber filtration system, as defined, with a mesh NYC MWD - NYC size not greater than 100 micrometers. MWDOC - NYC OCWD-NYC OC San - NYC 4of6 Page 148 of 156 YLWD State Bills of Interest 5 of 6 Page 149 of 156 This bill, no later than January 1, 2025, would require a local agency, as ACWA - Not Favor Unless Amended defined, that maintains an internet website for use by the public to ensure CASA - NYC that the internet website utilizes a ".gov" top-level domain or a ".ca.gov" CSDA - Oppose Unless Amended AB 1637 Irwin [D] second -level domain, and would require a local agency that maintains an Oppose MWD - NYC internet website that is noncompliant with that requirement to redirect MWDOC - NYC that internet website to a domain name that does utilize a ".gov" or OCWD - NYC ".ca.gov" domain. OC San - NYC ACWA - Watch This bill would eliminate the exemption for water systems that serve less CASA - NYC than 200 service connections (but at least 15 service connections) from CSDA - Watch SB 3 Dodd [D] statutes and policies related to the discontinuation of water service due Oppose MWD - NYC to nonpayment. MWDOC - NYC OCWD - NYC OC San - NYC ACWA - Sponsor This bill requires CDFW and the Water Boards, for water supply projects CASA - NYC and flood risk reduction projects, to issue a final LSAA or take final action CSDA - Support SB 23 Caballero [D] on water quality certifications issued pursuant to either Porter -Cologne or Support MWD - NYC under the federal CWA, as applicable, within specific timeframes. MWDOC - Support OCWD - Support OC San - NYC This bill: (1) expands the existing energy benchmarking program for ACWA - Oppose Unless Amended buildings to include water usage data; (2) requires the California Energy CASA - NYC Commission (CEC) along with other agencies, to develop to a state CSDA - Watch SB 48 Becker [D] strategy to achieve State goals for water, energy, and greenhouse gas Oppose MWD -NYC (GHG) emissions from existing buildings; and (3) authorizes the CEC to MWDOC - NYC implement the strategy, upon appropriation, including authorizing OCWD - NYC establishing Building Performance Standards for existing buildings to OC San - NYC require reductions in water and energy usage and GHG emissions. 5 of 6 Page 149 of 156 YLWD State Bills of Interest Legend: NYC - Not Yet Considered ACWA - Association of California Water Agencies CASA - California Association of Sanitation Agencies CSDA - California Special Districts Association MWD - Metropolitan Water District MWDOC - Municipal Water District of Orange County OCWD - Orange County Water District OC San - Orange County Sanitation District 6 of 6 Page 150 of 156 1:10 0 T41 he bill would require the department, in coordination with the California ACWA - Support Water Commission, the State Water Resources Control Board, other CASA - NYC state and federal agencies as appropriate, and the stakeholder advisory CSDA - Watch SB 366 Caballero [D] committee to develop a comprehensive plan for addressing the state's Support MWD - NYC water needs and meeting specified water supply targets established by MWDOC - Watch the bill for purposes of "The California Water Plan." The bill would require OCWD - Watch the plan to provide recommendations and strategies to ensure enough OC San - NYC water supply for all beneficial uses. Would enact the Drought and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Extreme Heat Mitigation, Biodiversity and ACWA - Support If Amended Nature -Based Climate Solutions, Climate Smart Agriculture, and Park CASA - NYC Creation and Outdoor Access Bond Act of 2023, which, if approved by CSDA - Watch SB 867 Allen [D] the voters, would authorize the issuance of bonds in an unspecified NYC MWD - NYC amount pursuant to the State General Obligation Bond Law to finance MWDOC - NYC projects for drought and water resilience, wildfire and forest resilience, OCWD-NYC coastal resilience, extreme heat mitigation, biodiversity and nature -based OC San - NYC climate solutions, climate smart agriculture, and park creation and outdoor access programs. Legend: NYC - Not Yet Considered ACWA - Association of California Water Agencies CASA - California Association of Sanitation Agencies CSDA - California Special Districts Association MWD - Metropolitan Water District MWDOC - Municipal Water District of Orange County OCWD - Orange County Water District OC San - Orange County Sanitation District 6 of 6 Page 150 of 156 DUE OUTS FROM BOARD MEETINGS AND OTHER REQUESTS PENDING DATE REQUESTOR DESCRIPTION ASSIGNED STATUS 04/25/23 WM Enhance content on website for PFAS MM In progress. Treatment Plant. Agenda item to consider position on Scheduled for 04/20/23 BB H.R.872 FISH Act and H.R.215 WATER for MM 05/04/23 BOD California Act. meeting. Pending filing of Initiate filing of amicus brief should case appeal. Kidman and 04/20/23 BB between CA Restaurant Assn and City of MM TPA performing Berkley be appealed to Supreme Court. background research in interim. Update 1 -Yr CIP slide to indicate which Scheduled for 06/01 04/20/23 PH/TD projects are multi-year beyond FY24 and RW BOD meeting. include budgeted amounts for FY23 for each project. 04/20/23 BB Number of customers receiving paper- DD/DL In progress. based bills. Plan for partial funding of UAL in FY24. Scheduled for 04/20/23 BB/TL FY23 and FY24 projections for DL 05/18/23 BOD contributions to reserves. meeting. Enhance social media messaging to 04/20/23 BB highlight active projects and note MM In progress. increased costs to District for utilities and infrastructure maintenance. Scheduled for 05/31/23 Committee meeting. 04/0 Explore having District engineers work PYLUSD schools Ol /055/23 /23 WM/BB with/present to engineering students in MM made aware of PYLUSD high schools. YLWD education opportunities. They will contact YLWD as desired. Page 151 of 156 Page 152 of 156 Scheduled for 05/31/23 Committee meeting. ROP programs would 04/06/23 Explore Regional Occupational Program need to be made 01/05/23 BB (ROP) opportunities for PYLUSD high MM with North Orange school students. County ROP and offered to all NOCROP students. May require hiring consultant to create education program. 04/06/23 PH List of contracts exceeding $75K AA In progress. approved by BOD. 04/06/23 BB Agenda item to discuss full transition to DD/RH To be scheduled. gov domain. 04/06/23 - Follow up with new rep at In progress. Seeking SoCal Gas. additional clarification. 04/06/23 BB O1 /05/23 - Agenda item to revisit MM 01/05/23 Balanced Energy resolution and impact Previously contacted of natural gas regulations on District Emily Grant and backup operations. SoCal Gas had no update at that time. Agenda item for authorized voting rep Scheduled for 04/06/23 BB form for ACWA election. AA 06/01/23 BOD meeting. Draft language Bring draft harassment / discrimination / applicable to BOD 04/06/23 BB retaliation prevention policy back to MT/GK will be discussed BOD. during 06/01/23 BOD meeting. Requested TPA obtain additional 04/06/23 - Comprehensive report from information. Potential TPA including impact specifically on impact YLWD in Orange County and YLWD. regard to discharge, 04/06/23 hydrant flushing, 02/01/23 BB 02/01/23 - Report from TPA regarding MM reporting, and local impact of revisions to "Waters of the permitting. United States". TPA report included with GM Report at 04/06/23 BOD meeting. Page 152 of 156 03/16/23 BB Consider establishing restricted reserve to cover potential shortfall of CFC revenue. DL Scheduled for 05/18/23 BOD meeting. 04/25/23 BB Contact Paul Jones to explore funding MM Emailed 04/25/23. 04/24/23 BB strategies for transitioning customers on RW Emailed 04/24/23. septic to District sewer collection system. Meeting scheduled 03/16/23 BB/TL Include feasibility of YLWD providing MT/DD 05/15/23 to discuss. 03/16/23 WM customers with loans without forming an DL RW provided AD and potentially partnering with locations of septic. OCSan. Bring back options for BOD $6,400 placeholder consideration in near future if possible. included in FY24 customers receiving paper-based bills. Item scheduled for 04/20/23 06/01/23 BOD 03/16/23 BB 03/16/23 - Identify other more MM meeting. Any 01/05/23 WM Agenda item to revisit travel expense AA changes will need to reimbursement policy. be incorporated in LINK - Cost estimate for printing and BOD policy manual mailing of quarterly newsletter. and staff policy letter. COMPLETED DATE REQUESTOR DESCRIPTION ASSIGNED STATUS 04/25/23 BB Copy of Fact Sheet for heli -hydrants. MM Emailed 04/25/23. 04/24/23 BB Copy of most recent Fact Sheet and RW Emailed 04/24/23. Slide Deck for PFAS Treatment Plant. Budget scenario with 77% BPP and Discussed during 03/16/23 WM 18,379.9 demand. DL 04/20/23 BOD meeting. 04/20/23 - Quote for quarterly $6,400 placeholder newsletter (not a bill insert) mailed to included in FY24 customers receiving paper-based bills. draft budget. 04/20/23 Second option 03/16/23 BB 03/16/23 - Identify other more MM presented at LINK economical options. 04/20/23 BOD meeting. LINK - Cost estimate for printing and Discussed during mailing of quarterly newsletter. 03/16/23 BOD meeting. City of Yorba Linda Status of Lakeview Senior Living housing expects developer 04/20/23 PH development. RW to resume construction this summer. Page 153 of 156 Page 154 of 156 Scenario for potential decreased water Discussed during 04/06/23 WM sales in FY24 draft budget. DL 04/20/23 BOD meeting. Include advertising in California Water $5,500 placeholder 04/06/23 BB for Orange County publication in FY24 MM included in FY24 draft budget. draft budget. 04/06/23 BB Include sponsorship for Solve the Water MM $5,000 included in Crisis in FY24 draft budget. FY24 draft budget. 15 -year program discussed during 04/20/23 BOD meeting. Santa Ana Regional Water Quality Control Board has jurisdiction Formulate 17 -Year developer sewer over septic systems system reimbursement program. and determine on 03/16/23 BOD Confirm if 2040 deadline for transition is RW case by case basis if legislative mandate or goal. connection to seweris required. Susan Beeson (Regional Board) stated that there is no mandated deadline to transition septic systems to public sewer. 03/22/23 BB Schedule initial YLWD/PYLUSD AA Meeting scheduled Committee meeting. 05/31/23 at 9:00 AM. Discussed during 04/20/23 BOD meeting. TPA Separate category of penalties for advised that illegally connecting to water and sewer legislators are 03/16/23 BB services. Work with TPA to explore RW/DD/MM hesitant to increase criminal penalties or legislation declaring violations as scope of the penal felonies. code in any way. Financially punitive civil penalties would have more success. Matrix included with Matrix of other agency positions on GM Report at 04/06/23 TL/BB proposed legislation. Send letters from MM 05/04/23 BOD BB to appropriate legislators. meeting. Letters mailed 04/24/23. Page 154 of 156 Page 155 of 156 Correct typos in FY23 legislative 04/06/23 BB platform. Present FY24 platform in draft MM Completed and form to BOD prior to consideration for noted. adoption. Send Attorney General opinion to BOD 04/06/23 BB regarding agendizing infrastructure AG Completed 04/10/23. tours. 04/06/23 BB Send copy of contract with AA Completed 04/10/23. ProcureAmerica to BOD. Discussed during 04/20/23 BOD Add sponsorships/memberships for meeting. Amounts 03/16/23 BB OCWA, CA United Water Coalition, and MM included in FY24 Community Water System Alliance to draft budget with FY24 draft budget. exception of CA United Water Coalition. Public and Director remote Discussed during 03/02/23 TD participation in BOD meetings (AB AA 04/06/23 BOD 2449). meeting. Labor and material cost comparison for Emailed 04/18/23. 04/06/23 construction of fencing for Bryant Management 02/16/23 BB Ranch Reservoir (Staff) versus Hidden MT decision whether or Hills Booster Pump Station Upgrade not to contract Project (Contractor). construction work. Page 155 of 156 ITEM NO. 13.1. Yorba Linda Water District AGENDA REPORT MEETING DATE: May 4, 2023 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Meetings from May 5 - May 31, 2023 Event Date Time Attendance By WACO Fri, May 5 7:30 AM ACWA Committee Mtgs/Spring Conf Tue, May 9 8:00 AM Miller/DesRoches MWDSC Board Tue, May 9 12:00 PM PYLUSD Board Tue, May 9 6:00 PM Barbre ACWA Spring Conference Wed, May 10 8:00 AM DesRoches OC LAFCO Commission Wed, May 10 8:15 AM YL Planning Commission Wed, May 10 6:30 PM Hawkins (As Needed) YL Mayor's Prayer Breakfast Thu, May 11 6:45 AM Barbre/Lindsey ACWA Spring Conference Thu, May 11 8:00 AM DesRoches SAWPA Commission Tue, May 16 9:30 AM CalMutuals Board Tue, May 16 2:00 PM Barbre YL City Council Tue, May 16 6:30 PM DesRoches Placentia City Council Tue, May 16 7:00 PM Lindsey Brea City Council Tue, May 16 7:00 PM Hawkins MWDOC Board Wed, May 17 8:30 AM Miller OCWA Meeting Wed, May 17 12:30 PM OCWD Board Wed, May 17 5:30 PM DesRoches Board of Directors Workshop Meeting Thu, May 18 3:00 PM OCSan Board Wed, May 24 6:00 PM Hawkins YL Planning Commission Wed, May 24 6:30 PM Hawkins (As Needed) District Offices Closed Mon, May 29 7:00 AM YLWD/PYLUSD Joint Agency Committee Wed, May 31 9:00 AM Barbre/Lindsey As of April 27, 2023 Page 156 of 156 BACKUP MATERIALS DISTRIBUTED LESS THAN 72 HOURS PRIOR TO THE MEETING DOES BRANDING MATTER?. Quarterly PFAS Upda#E May 2023 PFAS have been detected in the Orange County Groundwoter Basin managed by the orange County Water District (OCWD), which provides 05 of the water supply to 2.5 million people. OUVD and its local grater suppliers continue making significant headway on new PFAS treatment facilities With the goal of getting all wells Back 0nrine by 2024 at a capital cost of $277 million. gallons of water treated . - to data -as oP3f1j= - - There caro impacted wells in Orange County. are in design, 30 are under construction and 22 are now oporafionol. SUBMITTED B MEETING DAT ITEM NO. 11.1. e�saj SUBMITTED BY: Brett R. Barbre, President MEETING DATE: May 4, 2023 3:19 sell 5GCu m Foryou Following Orange County Water District • 1m PRESS RELEASE: Nation's Largest PFAS Treatment Plant Garners Statewide Recognition -#OCWD @YLW D ow.ly/4mwG50NYoJ0 I SiNC"917 r 1h T ITEM NO. 11.1. wr ,; Option A Option B SUBMITTED �Y: Brett R. Barbre, President MEETING DATE: May 4, 2023 Option C Branding matters. We must return the YLWD-US FLAG-YLWD sequence to our PFAS Plant. We must also send updated pictures of our plant to our friends at OCWD to ensure any future stories or references to our HAS Plant will include the YLWD Branding. YL W T 1 L .rl• , Imo• Tr I 4r 1 1 - ti YL W