8,, water district

CUCAMONGA VALLEY WATER DISTRICT

BOARD OF DIRECTORS MEETING AGENDA

October 27, 2020 – 6:00 p.m. District Office, Board Room

10440 Ashford Street; Rancho Cucamonga, California

Teleconference/Webinar Notice: In an effort to prevent the spread of COVID-19

(Coronavirus), and in accordance with the Governor’s Executive Order N-29-20 and the order

of the County of San Bernardino dated March 17, 2020, there will be no public location for

attending this Board Meeting in person. Members of the public may listen and provide public

comment by calling or joining the webinar using the following information:

Dial: +1 (877) 568-4106, Access Code: 955-106-309

And/or https://global.gotomeeting.com/join/955106309

OUR MISSION The mission of the Cucamonga Valley Water District is to provide high quality, safe and reliable water and

wastewater services, while practicing good stewardship of natural and financial resources.

1. CALL TO ORDER / FLAG SALUTE

2. ADDITIONS/DELETIONS TO AGENDA

3. PUBLIC COMMENT

Members of the public may comment on any item listed or not listed on the agenda.

Comments related to noticed public hearing items will be heard at the time the public

hearing is conducted. Speakers are requested to keep their comments to no more than

five (5) minutes. The President may reduce the time to not less than three (3) minutes

depending upon the number of speakers wishing to address the Board. Under the

provisions of the Brown Act, the Board is prohibited from taking action on items not

listed on the agenda.

4. GENERAL MANAGER/CEO REPORTS

A) District Updates

B) IEUA Board Meeting Agenda

John Bosler, General

Manager/CEO

5. CONSENT CALENDAR

All matters listed under the Consent Calendar are considered routine and will be

enacted by one vote. There will be no separate discussion of these items unless

members of the Board request specific items be removed for separate action.

A) Approve Minutes of the October 7, 2020 Special Board Meeting.

B) Approve Minutes of the October 13, 2020 Regular Board Meeting.

.! .! Cucamonga Valley® -"8,,_water District

Service Beyond Expectation

https://global.gotomeeting.com/join/955106309

SEPTEMBER 22, 2020 BOARD MEETING AGENDA

PAGE 2

Posted 10-22-20

C) Approve Board Calendar of Events.

D) Approve Cash & Investment Report for month ending

September 30, 2020.

E) Receive and File Monthly Financial Results Report for month ending

August 31, 2020.

F) Approve Cash Disbursements for month ending September 30, 2020.

G) Receive and File October 2020 Government & Public Affairs Report.

H) Receive and File Quarterly PARS Investment Report for quarter ending

September, 31, 2020.

6. AWARD OF CONTRACT FOR SIPHON REPLACEMENT AT SAPPHIRE

STREET AND BANYAN STREET

APPROVE THE AWARD OF CONTRACT FOR THE CONSTRUCTION OF A

NEW 12-INCH SEWER MAIN AT SAPPHIRE STREET AND BANYAN STREET

TO NORSTAR PLUMBING & ENGINEERING, INC. IN THE AMOUNT OF

$589,013.00

Eduardo Espinoza,

Director of

Engineering Services

7. BOARD COMMITTEE REPORT

A) October 6, 2020 Engineering Committee

8. BOARD MEMBER REPORTS

9. ADJOURN

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Board

Secretary (909) 987-2591, 48 hours prior to the scheduled meeting so that the District can make reasonable arrangements.

Pursuant to Government Code Section 54957.5, any writing that: (1) is a public record; (2) relates to an agenda item for an open session of a

regular meeting of the Board of Directors; and (3) is distributed less than 72 hours prior to that meeting, will be made available for public

inspection at the time the writing is distributed to the Board of Directors. Any such writing will be available for public inspection at the District

offices located at 10440 Ashford Street, Rancho Cucamonga, CA 91729. In addition, such writing may also be posted on the District’s web site.

NOTICE OF

MEETING

OF THE

BOARD OF DIRECTORS

OF THE

WILL BE HELD ON

WEDNESDAY, OCTOBER 21, 2020

10:00 A.M.

TELECONFERENCE ACCESSIBILITY FOR THE GENERAL PUBLIC: In all efforts to prevent the spread of COVID-19, until further notice, the Inland Empire Utilities Agency will be holding all Board and Committee meetings by

teleconferencing.

The meeting will be accessible at: (415) 856-9169/Conference ID: 794 202 809#

This meeting is being conducted virtually by video and audio conferencing. There

will be no public location available to attend the meeting; however, the public may participate and provide public comment during the meeting by calling into the number provided here. The public may also view the meeting live through

the Agency’s website. Alternatively, you may email your public comments to the Board Secretary/Office Manager Denise Garzaro at [email protected] no later than 24 hours prior to the scheduled meeting time. Your comments will then be

read into the record during the meeting.

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AGENDA REGULAR MEETING OF THE

BOARD OF DIRECTORS

WEDNESDAY, OCTOBER 21, 2020 10:00 A.M.

INLAND EMPIRE UTILITIES AGENCY*

VIEW THE MEETING LIVE ONLINE AT IEUA.ORG TELEPHONE ACCESS: (415) 856-9169 / Conf Code: 794 202 809#

PURSUANT TO THE PROVISIONS OF EXECUTIVE ORDER N-25-20 ISSUED BY GOVERNOR GAVIN NEWSOM ON MARCH 12, 2020, AND EXECUTIVE ORDER N-29-20 ISSUED BY GOVERNOR GAVIN NEWSOM ON MARCH 17, 2020 AND IN AN EFFORT TO PROTECT PUBLIC HEALTH AND PREVENT

THE SPREAD OF COVID-19, THERE WILL NO PUBLIC LOCATION FOR ATTENDING IN PERSON.

The public may participate and provide public comment during the meeting by dialing into the number provided above. Alternatively, you may email your public comments to the Board Secretary/Office

Manager Denise Garzaro at [email protected] no later than 24 hours prior to the scheduled meeting time. Your comments will then be read into the record during the meeting.

CALL TO ORDER OF THE INLAND EMPIRE UTILITIES AGENCY BOARD OF DIRECTORS MEETING FLAG SALUTE PUBLIC COMMENT

Members of the public may address the Board on any item that is within the jurisdiction of the Board; however, no action may be taken on any item not appearing on the agenda unless the action is otherwise authorized by Subdivision (b) of Section 54954.2 of the Government Code. Those persons wishing to address the Board on any matter, whether or not it appears on the agenda, are requested to email the Board Secretary no later than 24 hours prior to the scheduled meeting time or address the Board during the public comments section of the meeting. Comments will be limited to three minutes per speaker. Thank you.

ADDITIONS TO THE AGENDA

In accordance with Section 54954.2 of the Government Code (Brown Act), additions to the agenda require two-thirds vote of the legislative body, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted.

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1. NEW AND PROMOTED EMPLOYEE INTRODUCTIONS

2. PRESENTATION

A. OPTIMUM BASIN MANAGEMENT PROGRAM – presented by Peter Kavounas/Chino Basin WaterMaster

3. CONSENT ITEMS

NOTICE: All matters listed under the Consent Calendar are considered to be routine and non-controversial and will be acted upon by the Board by one motion in the form listed below. There will be no separate discussion on these items prior to the time the Board votes unless any Board members, staff or the public requests specific items be discussed and/or removed from the Consent Calendar for separate action.

A. MINUTESApprove minutes from the September 2, 2020 Board Workshop/Meetingand September 16, 2020 Board Meeting.

B. REPORT ON GENERAL DISBURSEMENTSStaff recommends that the Board approve the total disbursements for themonth of August 2020, in the amount of $18,348,134.67.

C. RATIFICATION OF THE RP-1 HOT WATER LOOP REPLACEMENTCONSTRUCTION CONTRACT AWARD (Eng/Ops/WR)Staff recommends that the Board:

1. Ratify the construction contract for the RP-1 Hot Water Loop andValves Replacement, Project No. EN20065, to FerreiraConstruction Company, in the amount of $996,000;

2. Approve a total project budget transfer from the Solids Hot WaterLoop Valve Replacement, Project No. EN21040, to the RP-1 HotWater Loop and Replacement, Project No. EN20065, in the amountof $560,000; and

3. Authorize the General Manager to execute the contract and budgettransfer subject to non-substantive changes.

D. NSNT SEWER SIPHON REPLACEMENT CONSULTANT CONTRACTAWARD (Eng/Ops/WR)Staff recommends that the Board:

1. Award a single source consultant contract for the NSNT SewerSiphon Replacement, Project No. EN20064, to Michael BakerInternational, for a not-to-exceed amount of $241,130; and

2. Authorize the General Manager to execute the contract subject tonon-substantive changes.

3

E. SANTA ANA RIVER CONSERVATION & CONJUNCTIVE USE PROGRAM(SARCCUP) - MWD AGREEMENT (Eng/Ops/WR)Staff recommends that the Board:

1. Approve the Santa Ana River Conservation & Conjunctive UseProgram - MWD Agreement; and,

2. Authorize the General Manager to execute the Agreement, subject tonon-substantive changes.

F. SOLE SOURCE PURCHASE FOR CONTINUED FOXBORO DCSSUPPORT (Eng/Ops/WR)Staff recommends that the Board:

1. Approve the sole source purchase for continued services withSchneider Electric for a two-year technical support contract for not-to-exceed amount of $135,395; and

2. Authorize the General Manager to execute the contract.

4. ACTION ITEMS

A. ADOPTION OF RESOLUTION NO. 2020-10-2 FOR IEUA SUPPORT OF THE 2020 UPDATE OF THE CHINO BASIN OPTIMUM BASIN MANAGEMENT PROGRAMStaff recommends that the Board adopt Resolution No. 2020-10-2 supporting the 2020 Update of the Chino Basin Optimum Basin Management Program.

B. ADOPTION OF RESOLUTION NO. 2020-10-1, AMENDING THE 2018 -2021 MOUs FOR ALL GROUPSStaff recommends that the Board adopt Resolution No. 2020-10-1, Amending the 2018 - 2021 MOUs for All Groups.

5. INFORMATION ITEMS

A. RP-5 EXPANSION PROJECT UPDATE: OCTOBER 2020 (POWERPOINT) (Eng/Ops/WR)

B. OPERATIONS DIVISION QUARTERLY UPDATE (POWERPOINT)(Eng/Ops/WR)

C. ENGINEERING AND CONSTRUCTION MANAGEMENT PROJECT UPDATES (POWERPOINT) (Eng/Ops/WR)

D. CBP UPDATE (ORAL)

RECEIVE AND FILE INFORMATION ITEMS

E. FIRST QUARTER PLANNING & ENVIRONMENTAL RESOURCESUPDATE (POWERPOINT) (Eng/Ops/WR)

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F. TREASURER’S REPORT OF FINANCIAL AFFAIRS (WRITTEN/POWERPOINT)

G. PLANNING & ENVIRONMENTAL RESOURCES ANNUAL REPORTS

(WATER USE, RECYCLED WATER, AND ENERGY) (WRITTEN) (Eng/Ops/WR)

H. PUBLIC OUTREACH AND COMMUNICATION (WRITTEN) (Community

& Leg)

I. STATE LEGISLATIVE REPORT AND MATRIX FROM WEST COAST ADVISORS (WRITTEN) (Community & Leg)

J. FEDERAL LEGISLATIVE REPORT AND MATRIX FROM INNOVATIVE

FEDERAL STRATEGIES (WRITTEN) (Community & Leg) K. CALIFORNIA STRATEGIES, LLC MONTHLY ACTIVITY REPORT

(WRITTEN) (Community & Leg) 6. AGENCY REPRESENTATIVES’ REPORTS

A. SAWPA REPORT (WRITTEN) October 6, 2020 SAWPA Commission meeting. The October 20, 2020 SAWPA Commission meeting was cancelled.

B. MWD REPORT (WRITTEN)

October 13, 2020 Board meeting.

C. REGIONAL SEWERAGE PROGRAM POLICY COMMITTEE REPORT (WRITTEN) October 1, 2020 Regional Sewerage Program Policy Committee meeting.

D. CHINO BASIN WATERMASTER REPORT (WRITTEN)

September 24, 2020 CBWM Board meeting.

E. CHINO BASIN DESALTER AUTHORITY (WRITTEN) October 1, 2020 CDA Board meeting.

F. INLAND EMPIRE REGIONAL COMPOSTING AUTHORITY The next IERCA Board Meeting is scheduled for November 2, 2020.

7. GENERAL MANAGER’S REPORT (WRITTEN)

8. BOARD OF DIRECTORS’ REQUESTED FUTURE AGENDA ITEMS 9. DIRECTORS’ COMMENTS

A. CONFERENCE REPORTS

This is the time and place for the Members of the Board to report on prescheduled Committee/District Representative Assignment meetings, which were held since the last regular Board meeting, and/or any other items of interest.

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10. CLOSED SESSION

A. PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) –

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 1. Chino Basin Municipal Water District vs. City of Chino, Case No.

RCV51010

2. Romero v. IEUA, Case No. CIVDS 2008043

B. PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2) – CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Three cases

C. PURSUANT TO GOVERNMENT CODE SECTION 54957 – PUBLIC EMPLOYEE PERFORMANCE EVALUATION

1. Manager of Internal Audit

11. ADJOURN

*A Municipal Water District

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Board Secretary (909) 993-1736, 48 hours prior to the scheduled meeting so that the Agency can make reasonable arrangements.

Proofed by: _ _______ Declaration of Posting

I, Denise Garzaro, Board Secretary/Office Manager of the Inland Empire Utilities Agency*, A Municipal Water District, hereby certify that a copy of this agenda has been posted by 5:30 p.m. at the Agency’s main office, 6075 Kimball Avenue, Building A, Chino, CA on Thursday, October 15, 2020.

Denise Garzaro, CMC

MINUTES OF A SPECIAL MEETING/WORKSHOP OF THE CUCAMONGA VALLEY WATER DISTRICT

BOARD OF DIRECTORS October 7, 2020

A special meeting of the Cucamonga Valley Water District Board of Directors was

called to order at 3:04 p.m. by President Curatalo. Taya Victorino, Executive

Assistant, ensured all Board Members were present (in person or via teleconference)

by conducting roll call.

President Curatalo announced:

1) The meeting is being conducted by teleconference pursuant to the Brown

Act waivers provided for under the Governor’s Executive Orders in response to the

COVID-19 State of Emergency.

2) The agenda states that there will be no public location for attending this

meeting in person.

3) The agenda also states that the public may listen and provide comment

telephonically by calling the number listed on the agenda.

President Curatalo led the Pledge of Allegiance.

CALL TO ORDER

3:04 p.m.

In Attendance:

Board James V. Curatalo, Jr., President

Randall Reed, Vice President

Luis Cetina, Director

Mark Gibboney, Director

Kevin Kenley, Director

Staff John Bosler, General Manager/CEO

Cindy Cisneros, Executive Assistant

Taya Victorino, Executive Assistant

Guests JoAnn Simmons

Jaclyn Sappah

PUBLIC COMMENT

None.

PUBLIC COMMENT

WORK OF LEADERS WORKSHOP

Mr. John Bosler introduced JoAnn Simmons and Jaclyn Sappah.

Ms. Simmons and Ms. Sappah facilitated a discussion regarding the Board’s work as a

team to lead the District and craft a vision for a successful future.

This is an information item only. No Board action was taken.

INFORMATION

ONLY

Minutes – Special Board Meeting of October 7, 2020

Page 2 of 2

ADJOURNMENT

There being no further business to come before the Board, President Curatalo

adjourned the meeting at 5:08 p.m.

____________________________

John Bosler

Secretary/General Manager

ATTEST:

________________________

James V. Curatalo, Jr.

President

ADJOURNED

AT 5:08 p.m.

MINUTES OF A REGULAR MEETING OF THE CUCAMONGA VALLEY WATER DISTRICT

BOARD OF DIRECTORS October 13, 2020

A regular meeting of the Cucamonga Valley Water District Board of Directors was

called to order at 6:00 p.m. by President Curatalo. Ms. Taya Victorino took roll call

to ensure all Board Members were present in person or via teleconference.

President Curatalo announced:

1) The meeting is being conducted by teleconference pursuant to the Brown

Act waivers provided for under the Governor’s Executive Orders in response to the

COVID-19 State of Emergency.

2) The agenda states that there will be no public location for attending this

meeting in person.

3) The agenda also states that the public may listen and provide comment

telephonically by calling the number listed on the agenda.

President Curatalo announced that Morrell was present in person and Camacho via

teleconference.

President Curatalo led the Pledge of Allegiance.

CALL TO ORDER

6:00 p.m.

In Attendance:

Board James V. Curatalo, Jr., President

Randall James Reed, Vice President

Luis Cetina, Director (via teleconference)

Mark Gibboney, Director (absent)

Kevin Kenley, Director

Staff John Bosler, General Manager/CEO

Maya Mouawad, BB&K, Legal Counsel (via teleconference)

Lutfi Khari, BB&K, Special Legal Counsel (via teleconference)

Chad Brantley, Director of Finance and Technology Services

Jason Cary, Help Desk Specialist

Frank Chu, Information Technology Manager

Cindy Cisneros, Executive Assistant, General Manager

Eduardo Espinoza, Director of Engineering Services (via teleconference)

Joanna Gonzalez, Gov’t & Public Affairs Representative

Eric Grubb, Government & Public Affairs Manager

Carrie Guarino, Assistant General Manager

Rob Hills, Director of Operations (via teleconference)

Minutes – Regular Board Meeting of October 13, 2020

Page 2 of 6

Robert Kalarsarinis, Customer Service Manager (via teleconference)

Praseetha Krishnan, Engineering Manager (via teleconference)

Erin Morales, Government & Public Affairs Supervisor (via teleconference)

Socorro Pantaleon, Gov’t & Public Affairs Representative

Roberta Perez, Human Resources Manager

Taya Victorino, Executive Assistant, Board of Directors

Guests Kathy Besser, Inland Empire Utilities Agency (IEUA) (via teleconference)

Michael Camacho, Director, IEUA (via teleconference)

Aaron Kyle Deleon, Los Osos High School (via teleconference)

Kathy Diver, Los Osos High School (via teleconference)

Denise Garzaro, Los Osos High School (via teleconference)

The Honorable Mike Morrell, 23rd California State Senate District

Michelle O’Brien, 23rd California State Senate District Office

Kaiway Tang, Los Osos High School (via teleconference)

Kathleen Tiegs, Past CVWD Board Member

ADDITIONS/DELETIONS TO THE AGENDA

None.

ADDITIONS/

DELETIONS

PUBLIC COMMENT

The following people provided verbal comment:

Kathleen Tiegs, 5454 Briartree Place

PUBLIC COMMENT

CONSENT CALENDAR

A) Approve Minutes of the September 22, 2020 Regular Board Meeting.

B) Approve Board Calendar of Events.

C) Receive and File August 2020 Water Production Report.

D) Adopt Resolution No. 2020-10-3 accepting a Grant of Easement for water

purposes on Strang Lane.

E) Adopt a proclamation recognizing Senator Mike Morrell for his years of

dedicated service.

On a motion by Vice President Reed, and seconded by Director Kenley to

approve Consent Calendar Items as submitted by Roll Call Vote:

Ayes: Curatalo, Reed, Cetina, Kenley

Noes: None

Abstain: None

Absent: Gibboney

Passed 4-0-1.

CONSENT

CALENDAR

PASSED 4-0-1

(Gibboney absent)


Page 3 of 6

PRESENTATIONS

A) Proclamation Recognizing Senator Mike Morrell

President Curatalo read the proclamation recognizing Senator Mike Morrell for his

years of service and dedication and presented it to him.

Senator Morrell thanked the District for the recognition and for the great partnership

over his years of his service.

The Board collectively congratulated the Senator on a successful tenure in our

legislature and thanked him for supporting CVWD, the water industry, and our region.

B) Solar Cup 2020

Ms. Joanna Gonzalez gave a PowerPoint presentation and update on the 2020 Los

Osos Solar Cup Team student achievements.

Director Michael Camacho thanked the District for its partnership in sponsoring the

Los Osos 2020 Solar Cup Team and congratulated the Team on a successful year filled

with tremendous work ethic. He thanked Vice President Reed, Kathy Diver and Fred

Diver for mentoring the Team.

Ms. Kathy Diver expressed the team’s disappointment in not being able to race their

boat due to the COVID-19 Pandemic, but recognized the students for their hard

work. She thanked Vice President Reed and Director Camacho for their mentorship

of the Team this year.

Director Reed expressed his disappointment that the Team was unable to compete as

they were so successful with their boat build.

The Board collectively thanked the Inland Empire Utilities Agency for their partnership

and thanked Kathy Diver for her passion and dedication to the Team.

GENERAL MANAGER/CEO REPORTS

A) District Updates

Mr. John Bosler, General Manager/CEO reported the following:

The District was awarded the 2020 Legislative Outreach Award for Region 9 by

the Association of California Water Agencies (ACWA). This is the seventh

year in a row that we have received this award. The Outreach Award is given

out at the ACWA fall conference to recognize outstanding achievement by

water agencies who respond to legislative alerts by providing comment letters

that help shape legislation and policy. Each year, CVWD participates in a

number of activities to stay engaged with legislators and their staff, including

hosting a legislative reception in Sacramento, hosting legislators for briefings,

GENERAL

MANAGER/CEO

REPORTS


Page 4 of 6

and visiting legislators and staff in their local district and in Sacramento.

CVWD also hosts tours for elected officials as part of the District’s advocacy

efforts to help communicate our priorities, and build relationships with elected

officials, their staff and other key stakeholders.

Invited Mr. Chad Brantley to give an update on the District’s financials during

the COVID-19 Pandemic.

Mr. Brantley gave a PowerPoint presentation on the impacts to CVWD’s

financials from the COVID-19 Pandemic. He highlighted District objectives

during the Pandemic, 2020 reserve portfolio balances, COVID-19 safety

expenses, indirect financial effects, delinquent account tracking, 2020 cost

saving actions, water usage indicators and production, and 2020

unemployment rates.

The Board collectively thanked staff for continuing the District’s high level of service to

the community during these uncertain times, and expressed their gratitude for the

consistent communication which enables the Board to make confident, informed

decisions.

BOARD COMMITTEE REPORT

A) September 15, 2020 Water Resources Committee

President Curatalo reported the notes accurately reflect what occurred at the

meeting.

B) September 23, 2020 Human Resources/Risk Management Committee

President Curatalo reported the notes accurately reflect what occurred at the

meeting.

BOARD COMMITTEE

REPORTS

BOARD MEMBER REPORTS

Director Cetina

No additional comments or reports.

Vice President Reed

Expressed his gratitude for the opportunity to see Senator Morrell and

recognize his accomplishments and successful political programs.

Director Kenley

No additional comments or reports.

President Curatalo

Thanked all who attended the meeting and those who gave presentations.

BOARD MEMBER

REPORTS


Page 5 of 6

CLOSED SESSION

At 7:25 p.m. President Curatalo announced that after a brief recess a closed session

would be held pursuant to:

CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION

(paragraph (3) of subdivision (e) of Section 54956.9)

Receipt of claim from Lynn J. Kelley

Closed session was called to order at 7:28 p.m.

In attendance were the Board (Cetina via teleconference/Gibboney absent), the General

Manager, Legal Counsel (Mouawad, Khari via teleconference), Assistant General Manager,

Director of Engineering Services (via teleconference), Director of Finance and

Technology Services, Director of Operations, (via teleconference), the Executive

Assistants (Victorino, Cisneros), and the Human Resources Manager.

CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION

(Paragraph (1) of subdivision (d) of Government Code Section 54956.9)

Barbara Williams et al. v. Cucamonga Valley Water District et al.

Case No. 20CV364054

In attendance were the Board (Cetina via teleconference/Gibboney absent), the General

Manager, Legal Counsel (Mouawad, Khari via teleconference), Assistant General Manager,

Director of Engineering Services (via teleconference), Director of Finance and

Technology Services, Director of Operations, (via teleconference), the Executive

Assistants (Victorino, Cisneros), and the Human Resources Manager.

CLOSED SESSION

RECONVENE/REPORT ON CLOSED SESSION

The regular meeting reconvened at 7:46 p.m. at which time Ms. Maya Mouawad

reported that the Board of Directors met in closed session regarding anticipated

litigation for receipt of claim from Lynn J. Kelley and on a motion by Vice President

Reed, seconded by Director Cetina, the Board approved to reject the claim in its

entirety and forward to the District’s insurance carrier, ACWA/JPIA, and directed

staff to send appropriate notice to the claimant.

Ms. Mouawad also reported that the Board met under closed session regarding

existing litigation for Case No. 20CV364054 and announced that there was no action

to report.

RECONVENE/

REPORT


Page 6 of 6

ADJOURNMENT

There being no further business to come before the Board, President Curatalo

adjourned the meeting at 7:47 p.m.

____________________________

John Bosler

Secretary/General Manager

ATTEST:

________________________

James V. Curatalo, Jr.

President

ADJOURNED

AT 7:47 p.m.

BOARD OF DIRECTORS CALENDAR OF EVENTS

Page 1 of 3

(Last Revised 10-21-20)

* For scheduling and Board information purposes only

(Please note all Committee and Board Meetings are not listed on the Calendar of Events)

DATE OF EVENT 2020

EVENT DETAILS CURATALO CETINA GIBBONEY KENLEY REED

BOSLER*

October 22 Chino Basin Watermaster Board Meeting Webinar

Yes Appr

Aug 25

Yes Appr

Aug 25

Yes Appr

Aug 25

Yes Appr

Aug 25

Yes Appr

Aug 25

Yes

October 22 WRI Community Advisory Meeting Webinar

Yes Appr

Oct 13

October 22 Meeting with IEUA GM & Director CVWD

Yes Appr

Oct 13

Yes

October 28 RC Chamber of Commerce Board Meeting Webinar

Yes Appr

Aug 25

October 28 Chino Basin Water Bank Board Meeting Webinar

Yes Appr

Sept 22

Yes Appr

Sept 22

October 29 IEUA RP-5 Groundbreaking Event Webinar

Yes Appr

Oct 13

Yes Appr

Oct 13

Nov. 5 Work of Leaders Meeting w/JoAnn Simmons Conference Call

Yes Appr

Oct 13


Page 2 of 3




DATE OF EVENT 2020


BOSLER*

Nov. 5 IEUA Regional Sewer Policy Committee Webinar

Yes Appr

Oct 13

Yes Appr

Oct 13

Yes

Nov. 9 ASBCSD Board Meeting Webinar

Yes Appr

Oct 13

Nov. 12 CBWM Appropriative Pool Meeting Webinar

Yes Appr

Oct 13

Yes Appr

Oct 13

Yes Appr

Oct 13

Yes Appr

Oct 13

Yes Appr

Oct 13

No

Nov. 19 Chino Basin Watermaster Advisory Cmte Conference Call

Yes Appr

Oct 13

No

Nov. 25 RC Chamber of Commerce Board Meeting Webinar

Yes Appr

Oct 13


Page 3 of 3




POST EVENT APPROVAL (BOARD CALENDAR OF EVENTS) DATE OF EVENT

2020


BOSLER*

Oct. 15 Chino Basin Watermaster Appropriative Pool Teleconference

Yes Yes Yes Yes Yes

Oct. 21 1x1 Meeting- District Updates Teleconference

Yes Yes

Oct. 23 CBWM Court Hearing- Ag Pool Expenses Webinar

Yes Yes Yes Yes Yes Yes

Oct. 26 Reservoir 3A Video Shoot Rancho Cucamonga, CA

Yes

Oct. 26 HR Committee Prep w/ Legal Counsel Rancho Cucamonga, CA

Yes

UPCOMING DISTRICT & COMMUNITY EVENTS 11/11/20 Office Closed for Veteran’s Day 11/26 to 11/27/20 Office Closed for Thanksgiving Holiday 12/24 to 12/25/20 Office Closed for Christmas Holiday

STAFF REPORT Date: October 27, 2020

To: Board of Directors From: John Bosler, General Manager/CEO Agenda Title: Financial Results Report – 8/31/2020

Purpose Staff has prepared financial operating statements for the Water Fund, Sewer Fund, and Recycled Water Fund, comparing actual results to the prorated budget to help the Board evaluate the District’s financial performance. The amounts represented in the reports have been reviewed and adjusted by staff in accordance with generally accepted accounting principles. Amounts reported are compiled before the annual audit and are intended to be used as an estimate only. Background/Analysis The data represented in the report reflects the results of operations for the two-month period ended August 31, 2020. The District continues to focus on operating within its overall budget objectives for each of the funds. Total Water Fund revenues are 5% above the prorated budget for the period while expenses are 6% above the budget for the period. Water Sales are 5% above the prorated budget due to higher than expected water consumption. Consumption forecasts indicated that 9,750 acre feet would be sold through August. However, 10,219 acre feet have been sold, which is 5% above the forecast. The Source of Supply expense category is 23% above the prorated budget, with forecasted water purchased of 6,216 acre feet budgeted as compared to 8,291 acre feet actual. The Pumping expense category is 92% below the prorated budget. Overall groundwater production was budgeted to be 3,769 acre feet as compared to 1,673 acre feet actual. During the first two months of the fiscal year, the District purchased 5,200 acre feet of water from MWD through the Dry Year Yield program. The water was produced by the District’s Chino Basin groundwater wells from MWD’s storage account. The District purchased the water from MWD for the net price of $381, which is lower than the prior fiscal year price of $456.33. The price was determined by subtracting an operating credit of $374 per acre foot from the cost of tier 1 imported water. Sewer Fund revenues are 7% above the prorated budget and corresponding sewer expenses are 2% above the forecasts for the period. Recycled water revenues are recognized at 8% below the prorated budget while corresponding recycled water expenses are 18% below forecasts for the period. There are no other significant events to report to the Board for the period. The Net Operating Income for the period is being recognized at 30% above the prorated budget for the Water Fund, 77% above for the Sewer Fund, and 38% above for the Recycled Water Fund.

October 27, 2020 Financial Results Report – August 31, 2020 Page 2

Alignment with Strategic Goals Approval of the Financial Results Report aligns with the CVWD core value of accountability by highlighting the efforts the District makes to maintain financial transparency and practice good stewardship of financial resources. Fiscal Impact There is no fiscal impact Recommendation It is recommended that the Board review and approve the information provided. Attachments: Financial Results Report – August 31, 2020 Submitted by: Chad Brantley, Director of Finance and Technology Services Prepared By: Agnes Boros, Finance Manager

Financial Results Report

Reporting Operating Activity

August 31, 2020

Prepared by the Accounting Division

Page 1

Cucamonga Valley Water DistrictFinancial Results Report

August 31, 2020 - Unaudited

Water Fund

Annual Budget YTD Budget YTD Actual Variance YTD % Variance

Operating Revenues

Water Sales 50,458,476$ 11,389,177$ 11,980,991$ 591,814$ 5%

Meter Charges 23,917,867 3,986,152 3,874,361 (111,791) (3%)

Water Services 1,223,832 203,964 107,559 (96,405) (47%)

Sales to Others 4,541,300 54,381 59,947 5,566 0%

Sales to Fontana Water Company 1,515,797 252,623 588,734 336,111 133%

Total Operating Revenues 81,657,272 15,886,297 16,611,592 725,295 5%

Operating Expenses

Source of Supply 26,365,800 5,493,126 6,744,883 (1,251,757) (23%)

Pumping 6,989,517 1,408,879 115,457 1,293,423 92%

Water Treatment 5,638,356 939,688 653,131 286,557 30%

Transmission & Distribution 3,097,551 516,238 478,737 37,501 7%

Customer Accounts 3,717,548 619,567 577,677 41,890 7%

General & Administrative 13,505,230 2,250,782 1,998,447 252,336 11%

Total Operating Expenses 59,314,002 11,228,280 10,568,332 659,950 6%

Net Operating Income/(Loss) 22,343,270$ 4,658,017$ 6,043,260$ 1,385,245$ 30%

$-

$10,000,000

$20,000,000

$30,000,000

$40,000,000

$50,000,000

$60,000,000

Water Sales Meter Charges Water Services Sales to Others Sales to

Fontana Water

Company

Source of

Supply

Pumping Water

Treatment

Transmission &

Distribution

Customer

Accounts

General &

Administrative

Annual BudgetYTD BudgetYTD Actual

Revenues Expenses

2



Sewer Fund


Operating Revenues

Sewer Services 4,649,578$ 707,113$ 767,641$ 60,528$ 9%

IEUA Treatment Charge 16,078,820 2,443,100 2,597,976 154,876 6%

Total Operating Revenues 20,728,398 3,150,213 3,365,617 215,404 7%

Collection and Transmission 17,943,132 2,753,806 2,892,080 (138,274) (5%)

Customer Accounts 578,356 96,389 80,017 16,372 17%

General & Administrative 3,048,349 508,038 440,827 67,211 13%

Total Operating Expenses 21,569,837 3,358,233 3,412,924 (54,691) (2%)

Net Operating Income/(Loss) (841,439)$ (208,020)$ (47,307)$ 160,713$ 77%

$-

$2,000,000

$4,000,000

$6,000,000

$8,000,000

$10,000,000

$12,000,000

$14,000,000

$16,000,000

$18,000,000

$20,000,000

Sewer Services IEUA Treatment Charge Collection and Transmission Customer Accounts General & Administrative

Annual Budget

YTD Budget

YTD Actual

Revenues Expenses

3



Recycled Water Fund


Operating Revenues

Recycled Water Sales & Services 1,005,157$ 252,247$ 230,837$ (21,411)$ (8%)

Meter Charges 175,593 29,264 27,582 (1,682) (6%)

Total Operating Revenues 1,180,750 281,511 258,419 (23,093) (8%)

Source of Supply 627,147 158,196 139,430 18,767 12%

Transmission & Distribution 138,064 23,010 19,084 3,925 17%

Customer Accounts 113,158 18,859 11,012 7,847 42%

General and Administrative 200,877 33,478 22,789 10,690 32%

Total Operating Expenses 1,079,246 233,543 192,315 41,229 18%

Net Operating Income/(Loss) 101,504$ 47,968$ 66,104$ 18,136$ 38%

$-

$200,000

$400,000

$600,000

$800,000

$1,000,000

$1,200,000

Recycled Water Sales &

Services

Meter Charges Source of Supply Transmission &

Distribution

Customer Accounts

Annual Budget

YTD Budget

YTD Actual

Revenues Expenses

4

-

5,000

10,000

15,000

20,000

25,000

30,000

35,000

40,000

45,000

July August* September October November December January February March April May June

Acr

e F

ee

t

Water Sales Year-to-Date (AF)Budget YTD Actual YTD * Water Sales are 5% over budget YTD

-

5,000

10,000

15,000

20,000

25,000

30,000


Acr

e F

ee

t

Imported Water Year-to-Date (AF)Budget YTD Actual YTD * Imported Water Production is 33% over budget YTD

* Includes Dry Year Yield Production

-

2,000

4,000

6,000

8,000

10,000

12,000

14,000

16,000

18,000


Acr

e F

ee

t

Ground Water Year-to-Date (AF)Budget YTD Actual YTD * Ground Water Production is 58% under budget YTD

-

200

400

600

800

1,000

1,200

1,400


Acr

e F

ee

t

Recycled Water Year-to-Date (AF)Budget YTD Actual YTD * Recycled Water production is 9% under budget YTD

5

Date Check Number Vendor Name Invoice Description Total09/03/2020 11308 GWINCO CONSTRUCTION & ENGINEERING INC RETENTION 15,025.80

134204 GRISWOLD INDUSTRIES PRODUCTION SERVICE 8,581.68

134205 QUINN COMPANY PRODUCTION SUPPLIES 968.57

134206 SWRCB - DRINKING WATER OPERATIONS CERT PROG D3 CERTIICATE 90.00

134207 UNITED RENTALS PRODUCTION SERVICE 1,673.36

134208 UTILITY CUSTOMER REFUND UT CUSTOMER REFUND 263387-69092 103.28














09/10/2020 11309 AKD CONSULTING OWNERS REPRESENTATIVE 8,310.38

11310 ANSWER UNITED, INC. AFTER HOURS ANSWERING SERVICE 836.30

11311 BESST INC. MRP FIELD SERVICES AND CONSULT 6,000.00

11311 BESST INC. MRP FIELD SERVICES AND CONSULTING 6,000.00

11312 BEST COURIER LLC MONTHLY COURIER SERVICE 359.52

11313 BRINK'S, INC. ARMORED COURIER SERVICE 395.00

11314 CAMPOS, GEORGE MEDICARE REIMBURSEMENT 121.60

11315 CCS DISASTER RECOVERY SERV.,LLC DISASTER RECOVERY SERVICES 900.00

11316 CDW GOVERNMENTAL, INC. IT SUPPLIES 177.53

11316 CDW GOVERNMENTAL, INC. KEMP LOAD BALANCE NETWORK SUPPORT RENEWAL 9,746.00

11317 CENTRAL OCCP. MED. PROVIDER-ONTARIO EXAM 85.00

11318 CLIFTON, AMY 09/03-WAGE GARNISHMENT 310.50

11319 CONTROL AIR CONDITIONING SERVICE CORP FACILITIES SERVICE 1,487.00

11320 CUNNINGHAM, GERALD MEDICARE REIMBURSEMENT 140.60

11321 CUNNINGHAM, MARTHA MEDICARE REIMBURSEMENT 144.60

11322 CURVATURE LLC ADAPTERS FOR NETWORK EQUIPMENT 4,895.90

11323 CVWD 09/03-FLEXIBLE SPENDING 1,821.10

11324 DAKENO, INC. RES 2A PROPERTY HOUSE DEMOLITION 39,236.00

11325 DE LOACH, ROBERT MEDICARE REIMBURSEMENT 532.70

11326 FIEN, BETTY MEDICARE REIMBURSEMENT 602.60

11327 FISH, ROBERT REIMB-CWEA MEMBERSHIP 192.00


DISBURSEMENTS REPORT

FOR THE MONTH ENDING SEPTEMBER 30, 2020

1 of 10

Date Check Number Vendor Name Invoice Description Total




11328 FOOTE, JAYMIE MEDICARE REIMBURSEMENT 128.60

11329 HAUSER, JAMES MEDICARE REIMBURSEMENT 433.80

11330 INTERLICCHIA, DENNIS MEDICARE REIMBURSEMENT 144.60

11331 LOU'S TIRE SERVICE FLEET SERVICE 867.40

11332 MERRICK, LINDA SUE MEDICARE REIMBURSEMENT 134.60

11333 MERRICK, WILLIAM MEDICARE REIMBURSEMENT 144.60

11334 MUNICIPAL CODE CORPORATION CODE ORDINANCES 179.76

11334 MUNICIPAL CODE CORPORATION CODE ORDINANCES 212.09

11334 MUNICIPAL CODE CORPORATION ONLINE CODE HOSTING 300.00

11335 O'REILLY AUTOMOTIVE INC FLEET SUPPLIES 552.59

11336 ONLINE INFORMATION SERVICES, INC ON LINE CREDIT CHECK 898.00

11337 PASTOR, DAVID D MEDICARE REIMBURSEMENT 214.60

11338 PASTOR, DIANE MEDICARE REIMBURSEMENT 214.60

11339 PEREZ, CESAR MEDICARE REIMBURSEMENT 144.60

11340 PFM ASSET MANAGMENT LLC INVESTMENT ADVISORY SERVICES 4,180.78

11341 PLUMBERS DEPOT INC SEWER SUPPLIES 96.98

11342 PRUDEN, ERNIE MEDICARE REIMBURSEMENT 144.60

11343 PRUDEN, NANCY MEDICARE REIMBURSEMENT 144.60

11344 R&D PEST SERVICES, INC. FACILITIES 175.00

11344 R&D PEST SERVICES, INC. PEST CONTROL 595.00

11345 RETROFIT SERVICE COMPANY, INC. LWMWTP CHILLER UNIT WATER LINE REPAIR 1,504.96

11346 RODRIGUEZ, ARMANDO MEDICARE REIMBURSEMENT 138.60

11347 SOTELO, LYNN MEDICARE REIMBURSEMENT 144.60

11348 SPITERI, INGRID MEDICARE REIMBURSEMENT 532.70

11349 SUPERION, LLC NAVILINE TECHNICAL SUPPORT ANNUAL 10,551.63

11350 TAZZA, BONNIE MEDICARE REIMBURSEMENT 140.60

11351 TERRYBERRY 2020 SERVICE AWARD 406.05

11351 TERRYBERRY 2020 SERVICE AWARD 392.74

11352 WAXIE SANITARY SUPPLY FACILITIES SUPPLIES 751.88

11353 WELLS FARGO BANK ANNUAL TRUSTEE FEE 2012 REV BONDS 2,750.00

11354 WEST COAST ADVISORS STATE ADVOCACY SERVICES 3,000.00

134222 ABM ELECTRICAL & LIGHTING SOLUTIONS LLC LWMWTP PERIMETER LIGHTING MAINTENANCE 509.07

134223 AEROTEK, INC. ENGINEERING TEMP-MARTINEZ 2,009.73

134224 BRAY, KENNETH D. MEDICARE REIMBURSEMENT 144.60

134225 C WELLS PIPELINE MATERIALS INC. RESTOCK INVENTORY 1,319.94

134226 CA SHERIFF OF SAN BERNARDINO CO 09/03-WAGE GARNISHMENT 321.75

134227 CALIFORNIA STATE DISBURSEMENT UNIT 09/03-WAGE GARNISHMENT 57.23

134228 CALPERS LONG-TERM CARE PROGRAM 09/03-LONG TERM CARE 258.74

134229 CEMEX CONSTRUCTION CLASS 2 AGGREGATE BASE 2,343.31

134229 CEMEX CONSTRUCTION COLD MIX 18.57

2 of 10





134230 CHARLES SCHWAB & CO., INC 09/03-401(a) CONTRIBUTION 3,221.22

134231 CITRUS MOTORS FLEET SUPPLIES 429.48

134232 CLINE, JAMES MEDICARE REIMBURSEMENT 120.60

134233 CLINE, LORITA MEDICARE REIMBURSEMENT 114.60

134234 DIRECT TV CABLE TV 4.25

134235 FEDERAL EXPRESS CORP SHIPMENT 858.48

134236 FLEXIM AMERICAS CORP F601 PORTABLE LIQUID 13,295.15

134237 FRANCHISE TAX BOARD 09/03-WAGE GARNISHMENT 482.61

134238 FRONTIER COMMUNICATIONS 476-7489 08/25-09/24 1,335.85

134238 FRONTIER COMMUNICATIONS 803-2949 08/25-09/24 132.55





134239 FULLER, RICHARD MEDICARE REIMBURSEMENT 439.30

134240 GARCIA, ALBERT MEDICARE REIMBURSEMENT 139.60

134241 GENUINE PARTS COMPANY FLEET SUPPLIES 2,541.54

134242 GUIDERA, BOBBIE MEDICARE REIMBURSEMENT 137.60

134243 GUIDERA, JOSEPH MEDICARE REIMBURSEMENT 132.60

134244 HACH CHEMICAL COMPANY PRODUCTION SERVICE 1,341.51

134245 HAGUE, BARBARA MEDICARE REIMBURSEMENT 130.60

134246 HAGUE, CLYDE H. MEDICARE REIMBURSEMENT 144.60

134247 HARRINGTON INDUSTRIAL PLASTICS CHEMICAL FEED SUPPLIES 2,560.98

134247 HARRINGTON INDUSTRIAL PLASTICS LWMWTP PVC INVENTORY 1,011.78

134247 HARRINGTON INDUSTRIAL PLASTICS NTF BIOREACTORS BYPASS LINE 4,598.93

134247 HARRINGTON INDUSTRIAL PLASTICS NTF BYPASS INSTALL SUPPLIES 301.25

134248 HOSE MAN FLEET SUPPLIES 211.44

134249 ICMA RETIREMENT TRUST 09/03-DEFERRED COMP 4,975.00

134250 JACOBS, ROBERT MEDICARE REIMBURSEMENT 144.60

134251 KERRIGAN, CATHERINE MEDICARE REIMBURSEMENT 214.60

134252 KERRIGAN, PATRICK MEDICARE REIMBURSEMENT 214.60

134253 KURTH, RITA A. MEDICARE REIMBURSEMENT 142.60

134254 LINCOLN NATIONAL LIFE INS CO 09/03-DEFERRED COMP/ $50-ROTH CONTRIBUTION 7,430.00

134255 LOPEZ, MARGARET R. MEDICARE REIMBURSEMENT 144.60

134256 LUNA, GINA MEDICARE REIMBURSEMENT 144.60

134257 LUNA, RICHARD MEDICARE REIMBURSEMENT 138.60

134258 MIJAC ALARM COMPANY BURGLAR & FIRE ALARM MONITORING 564.00

134259 NATIONWIDE RETIREMENT SOLUTIONS 09/03-DEFERRED COMP 7,148.10

134260 PRAXAIR DISTRIBUTION INC. FLEET SUPPLIES 427.03

134260 PRAXAIR DISTRIBUTION INC. WATER SUPPLIES 352.92

3 of 10





134261 PRECISION AERIAL SERVICES INC FLEET SERVICE 4,194.60

134262 PRINTING RESOURCES OF SO. CALIF. PRINTING SUPPLIES 161.43

134263 ROBERT HALF TECHNOLOGY IT TEMP-TAPIA 1,020.00

134264 RODRIGUEZ, SUSAN MEDICARE REIMBURSEMENT 144.60

134265 SAN BERNARDINO COUNTY IS DEPARTMENT 800 MHZ RADIO ACCESS & MAINTENANCE 5,111.72

134266 SELECTRON TECHNOLOGIES, INC IVR ANNUAL MAINTENANCE 22,335.00

134267 SHRED-IT USA SHREDDING SERVICE 150.48

134268 SOUTHERN CALIFORNIA EDISON ELECTRICITY 4,577.21

134269 SOUTHERN CALIFORNIA GAS GAS 23.34

134270 SOUTHLAND PIPE CORP RESTOCK INVENTORY 5,159.07

134271 TITUS INDUSTRIAL GROUP, INC. SEWER SUPPLIES 4,777.42

134272 TRUNNELL, JAY MEDICARE REIMBURSEMENT 214.60

134273 UNIFIRST UNIFORM SERVCE 958.86

134274 UNIVAR SOLUTIONS USA INC. QUARTERLY WELL HEAD TREATMENT 1,993.79

134275 US BANK CORPORATE PAYMENT SYSTEM PCARD PREPAYMENT 56,804.28

134276 USA BLUEBOOK LWMWTP LAB SUPPLIES 60.49

134277 USHER, JUDITH D MEDICARE REIMBURSEMENT 144.60


134279 VERIZON CONFERENCE CALLS 126.34

134279 VERIZON INTERNET - BRIDGE PLANT 1,892.01

134279 VERIZON INTERNET - DISTRICT TO CLOUD 1,903.54

134279 VERIZON INTERNET - DISTRICT TO LMW 2,409.27

134279 VERIZON INTERNET - NITRATE PLANT 1,949.35

134279 VERIZON LMW LONG DISTANCE SERVICE 49.14

134280 VERIZON CONNECT NWF, INC FLEET VEHICLE TRACKING SYSTEM 3,218.90

134281 VERIZON WIRELESS-LA WIRELESS PHONE BILL 9,260.36

134282 WALKER, MARY LOU MEDICARE REIMBURSEMENT 142.60

134283 WILSON, JEROME MEDICARE REIMBURSEMENT 144.60

134284 WILSON, LINDA MEDICARE REIMBURSEMENT 144.60

134285 ZIELKE, BELINDA MEDICARE REIMBURSEMENT 144.60

134286 ZIELKE, DENNIS MEDICARE REIMBURSEMENT 144.60

09/17/2020 11355 ARCHITERRA DESIGN GROUP LANDSCAPE ARCHITECTURAL SERVICE 1,948.00

11356 BESST INC. MRP FIELD SERVICES AND CONSULTING 12,650.00

11357 BRINK'S, INC. ARMORED COURIER SERVICE 426.01

11358 CALIFORNIA WATER TECHNOLOGIES FERRIC CHLORIDE 2020 Q3 @ $615 16,355.59

11359 CAMPOS, GEORGE MEDICARE REIMBURSEMENT 243.20

11360 CDW GOVERNMENTAL, INC. VMWARE MAINTENANCE ANNUAL RENEWAL 19,225.00

11361 CLINICAL LAB OF SAN BERNARDINO LABORATORY ANALYTICAL SERVICES 1,531.00

11362 CUNNINGHAM, GERALD MEDICARE REIMBURSEMENT 281.20

11363 CUNNINGHAM, MARTHA MEDICARE REIMBURSEMENT 289.20

4 of 10





11364 ENGRAVE N EMBROIDER THINGS PRINTING SERVICES 1,476.18

11365 FOOTE, JAYMIE MEDICARE REIMBURSEMENT 257.20

11366 GRAINGER LWMWTP FERRIC SUPPLY TANK VALVE R&R 896.48

11366 GRAINGER LWMWTP FERRIC TANK VALVE R&R 896.48

11367 INFOSEND INC. UTILITY BILL PRESENTMENT SERVICE 22,333.58

11368 INLAND EMPIRE UTILITIES AGENCY 1,233.017 AF RECHARGE 678,159.64

11369 INLAND EMPIRE UTILITIES AGENCY CREDIT MEMO -23.109 AF RECHARGE ADJUSTMENT (12,709.95)

11369 INLAND EMPIRE UTILITIES AGENCY SEWER TREATMENT EXPENSE 1,196,177.80

11370 INTEGRATED TECHNOLOGY PHONE SYSTEM MAINTENANCE 2,449.20

11371 IRON MOUNTAIN OFFSITE DATA STORAGE 318.57

11372 ITRON FIELD SERVICE SUPPLIES 1,527.16

11373 KONE, INC FACILITIES SUPPLIES 1,463.31

11374 KONECRANES INC. QUARTERLY CRANE SAFETY INSPECTIONS 923.75

11375 LAWNSCAPE SYSTEMS, INC. GROUNDS MAINTENANCE - SCHEDULE 2,090.00

11376 LILBURN CORPORATION ENGINEERING SERVICE 3,329.24

11377 MERRICK, LINDA SUE MEDICARE REIMBURSEMENT 269.20

11378 MERRICK, WILLIAM MEDICARE REIMBURSEMENT 289.20

11379 PACIFIC PARTS & CONTROLS, INC PRODUCTION SUPPLIES 3,432.96

11380 PLUMBERS DEPOT INC FLEET SUPPLIES 1,565.88

11380 PLUMBERS DEPOT INC SEWER SUPPLIES 1,525.00

11381 PRUDEN, ERNIE MEDICARE REIMBURSEMENT 289.20

11382 R&D PEST SERVICES, INC. PEST CONTROL 490.00

11383 RODRIGUEZ, ARMANDO MEDICARE REIMBURSEMENT 277.20

11384 RYAN-HERCO AHBWTP 2 IN. FLOW METER 5A BYPASS DISINFECTION 948.48

11385 S&J SUPPLY CO INC RESTOCK INVENTORY 32,855.14

11386 SHARP BUSINESS SYSTEMS COPIERS ANNUAL MAINTENANCE 702.50

11387 SOTELO, LYNN MEDICARE REIMBURSEMENT 289.20

11389 SUPERION, LLC NAVILINE SYSTEM RECOVERY PREMIUM 3,175.35

11389 SUPERION, LLC CENTRAL SQUARE ERP TRANSACTION MANAGER 783.28

11390 TAZZA, BONNIE MEDICARE REIMBURSEMENT 281.20

11391 TAZZA, PHILLIP MEDICARE REIMBURSEMENT 433.80

11392 TYLER TECHNOLOGIES, INC. MUNIS ANNUAL MAINTENANCE 5,807.30

11393 UNDERGROUND SERVICE ALERT WATER SERVICE 954.93

11394 VANGUARD CLEANING SYSTEMS JANITORIAL SERVICES ADMIN OPS 21,700.00

11395 WECK LABORATORIES, INC. LABORATORY ANALYTICAL SERVICES 10,250.00

11396 WEST COAST ADVISORS STATE ADVOCACY SERVICES 114.36


134288 BRAY, KENNETH D. MEDICARE REIMBURSEMENT 289.20

134289 BURRTEC WASTE INDUSTRIES INC TRASH SERVICE 2,128.87

134291 CITRUS MOTORS FLEET SERVICE 2,161.02

5 of 10





134292 CLINE, JAMES MEDICARE REIMBURSEMENT 241.20

134293 CLINE, LORITA MEDICARE REIMBURSEMENT 229.20

134294 CORE & MAIN LP RESTOCK INVENTORY 1,895.33

134295 CP CONSTRUCTION CO. INC. REPLACE EXISTING WATER SERVICE 11,250.00

134296 CRAFCO INC. TEMPORARY ASPHALT COLD MIX 619.57

134297 DAN GUERRA & ASSOC ENGINEERING SERVICE 3,000.00

134298 EPD USA INCORPORATED BACK WASH VALVE REBUILD KITS 4,660.27

134299 FEDERAL EXPRESS CORP SHIPMENT 48.27

134300 FIELDMAN, ROLAPP & ASSOCIATES DEBT MGMT POLICY REVIEW 211.50



134302 GARCIA, ALBERT MEDICARE REIMBURSEMENT 279.20

134303 GUIDERA, BOBBIE MEDICARE REIMBURSEMENT 275.20

134304 GUIDERA, JOSEPH MEDICARE REIMBURSEMENT 265.20

134305 HAGUE, BARBARA MEDICARE REIMBURSEMENT 261.20

134306 HAGUE, CLYDE H. MEDICARE REIMBURSEMENT 289.20

134307 HARRINGTON INDUSTRIAL PLASTICS CHEMICAL FEED SUPPLIES 3,255.04

134308 HOFFARTH, MICHAEL TUITION REBURSEMENT 2,756.50


134310 HUB CONSTRUCTION SPECIALISTS WATER SUPPLIES 68.74

134311 INLAND WATER WORKS SUPPLY CO RESTOCK INVENTORY 6,319.54

134312 JACOBS, ROBERT MEDICARE REIMBURSEMENT 289.20

134313 KURTH, RITA A. MEDICARE REIMBURSEMENT 285.20

134314 LOPEZ, MARGARET R. MEDICARE REIMBURSEMENT 289.20

134315 LUNA, GINA MEDICARE REIMBURSEMENT 289.20

134316 LUNA, RICHARD MEDICARE REIMBURSEMENT 277.20

134317 MERIT OIL COMPANY RESTOCK INVENTORY 20,396.46

134318 MISCELLANEOUS ONE TIME VENDOR AHBWTP EFFLUENT METERS REMOTE REGISTERS 322.28

134319 MISCELLANEOUS ONE TIME VENDOR MEMBERSHIP RENEWAL-FELICCIA 20.00

134320 NTT DATA SERVICES CLOUD DATA BACKUP AND DISASTER 1,899.80

134321 PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC MAINTENANCE LEASE 678.89

134322 QUINN COMPANY FLEET SUPPLIES 343.33

134323 RODRIGUEZ, SUSAN MEDICARE REIMBURSEMENT 289.20

134324 SAN ANTONIO WATER COMPANY STANDBY SERVICE 64.00

134325 SOUTH COAST AQMD PRODUCTION SERVICE 557.42

134326 SOUTHERN CALIFORNIA EDISON ELECTRICITY 867,707.48

134327 SOUTHERN CALIFORNIA NEWS GROUPS ADVERTISING 1,392.28

134328 TIREHUB, LLC FLEET SUPPLIES 899.17

134329 TITUS INDUSTRIAL GROUP, INC. SEWER SUPPLIES 411.74

134330 TPX COMMUNICATIONS CO. DISTRICT MAIN PHONE LINE 1,393.40

6 of 10






134332 UNIVAR SOLUTIONS USA INC. 2020 Q3 SODIUM HYPOCHLORITE 12 17,010.26

134332 UNIVAR SOLUTIONS USA INC. SODIUM HYDROXIDE 50% 2020 Q3 6,309.13

134333 USA BLUEBOOK NTF SUPPLIES 9,197.43

134333 USA BLUEBOOK TREATMENT SUPPLIES TURBIDIMETER STANDARDS 620.66








134341 UTILITY CUSTOMER REFUND UT CUSTOMER REFUND 294491-80624 1,661.12



























134368 VERIZON CONFERENCE CALLS 126.34

7 of 10





134368 VERIZON INTERNET - BRIDGE PLANT 1,892.01

134368 VERIZON INTERNET - DISTRICT TO CLOUD 1,903.54

134368 VERIZON INTERNET - DISTRICT TO LMW 2,409.27

134369 WALKER, MARY LOU MEDICARE REIMBURSEMENT 285.20

134370 WALTERS WHOLESALE ELECTRIC CO CREDIT MEMO (164.23)

134370 WALTERS WHOLESALE ELECTRIC CO PRODUCTION SUPPLIES 1,728.40

134371 WILSON, JEROME MEDICARE REIMBURSEMENT 289.20

134372 WILSON, LINDA MEDICARE REIMBURSEMENT 289.20

134373 ZIELKE, BELINDA MEDICARE REIMBURSEMENT 289.20

134374 ZIELKE, DENNIS MEDICARE REIMBURSEMENT 289.20

134375 CHARTER COMMUNICATION SPECTRUM INTERNET SERVICE 7,636.34

134376 HOSTED BDR LLC SERVER BACKUP SOLUTION & CLOUD STORAGE 5,440.00

09/24/2020 11397 ACWA JOINT POWERS INSURANCE OCTOBER COVERAGE 198,839.11

11398 CDW GOVERNMENTAL, INC. VMWARE ADDITIONAL LICENSES 8,200.00

11399 CORNERSTONE LAND SURVEYING TOPOGRAPHICAL SURVEY SERVICES 5,670.00

11400 INFOSEND INC. UTILITY BILL PRESENTMENT SERVICE 418.45

11401 INLAND EMPIRE UTILITIES AGENCY IMPORTED WATER 1,293,879.98

11402 INTEGRATED TECHNOLOGY PHONE SYSTEM SOFTWARE UPGRADE 945.00

11403 ITRON FSR SUPPLIES 1,508.50

11404 JO ANN SIMMONS EMPLOYEE ASSISTANCE PROGRAM 14,492.97

11405 LAWNSCAPE SYSTEMS, INC. GROUNDS MAINTENANCE - SCHEDULE 2,090.00

11406 LOU'S TIRE SERVICE FLEET SERVICE 68.00

11407 MET LIFE DENTAL, LIFE & LT/ST DISABILITY-OCT 2020 26,508.31

11408 NORSTAR PLUMBING & ENGINEERING, INC CONSTRUCTION OF SEWER ON ROCHESTER 74,575.00

11409 OLLIVIER CORP RISK SERVICE 2,196.69

11410 QUATRED, LLC WAREHOUSE SCANNER SOFTWARE MAINTENANCE 1,977.60

11411 RETROFIT SERVICE COMPANY, INC. LWMWTP AIR HANDLER 102 REPAIR 525.00

11412 S&J SUPPLY CO INC RESTOCK INVENTORY 32,575.60

11414 SULZER ELECTRO-MECHANICAL SERVICES, INC. REBUILD MOTOR 3C2 BOOSTER 3 15,102.64

11415 SUPERION, LLC NAVILINE SYSTEM RECOVERY PREMIUM 3,175.35

11416 TYLER TECHNOLOGIES, INC. MUNIS ANNUAL MAINTENANCE 1,400.00

11416 TYLER TECHNOLOGIES, INC. PROJECT MANAGER SUPPORT FOR MUNIS 17,600.00

11417 VANGUARD CLEANING SYSTEMS JANITORIAL SERVICES ADMIN OPS 1,390.00

11418 VISION SERVICE PLAN - CA SEPTEMBER COVERAGE 1,720.37

11419 VISION SERVICE PLAN - CA SEPTEMBER COVERAGE 10.56

11420 VISION SERVICE PLAN - CA OCTOBER COVERAGE 1,759.04

11421 VISION SERVICE PLAN - CA OCTOBER COVERAGE 10.56

11422 CLIFTON, AMY 09/17-WAGE GARNISHMENT 310.50

11423 CVWD 09/17-FLEXIBLE SPENDING 1,821.10


8 of 10





134378 AW ASSOCIATES, INC. FLEET SERVICE 170.00

134379 CEMEX CONSTRUCTION CLASS 2 AGGREGATE BASE 1,159.93

134379 CEMEX CONSTRUCTION CLASS 2 AGGREGATE BASE FOR TREATMENT 807.18

134380 CHINO BASIN WATERMASTER SPECIAL ASSESSMENT-LEGAL (CVWD SHARE) 7,189.55

134381 CITRUS MOTORS FLEET SUPPLIES 576.68

134382 CITY OF FONTANA UTILITY EXCAVATION 249.00



134385 CITY OF RANCHO CUCAMONGA LEASE PAYMENTS FOR THE USE OF LIGHT POLES 9,120.00

134386 GRISWOLD INDUSTRIES PRODUCTION SUPPLIES 2,993.59

134387 CLS LANDSCAPE MANAGEMENT, INC GROUNDS MAINTENANCE SCHEDULE B 17,922.00

134388 CORE & MAIN LP RESTOCK INVENTORY 22,628.86

134389 CRAFCO INC. TEMPORARY ASPHALT COLD MIX 3,896.94

134390 CULLIGAN WATER CONDITIONING AHBWTP WATER SOFTENER 83.00

134391 EHS INTERNATIONAL, INC CONFINED SPACE TRAINING 1,800.00

134392 FONTANA UNION WATER COMPANY SPECIAL ASSESSMENT-LEGAL (FUWC SHARE) 9,826.76




134394 GENUINE PARTS COMPANY FLEET SUPPLIES 505.30


134396 MILES CHEMICAL COMPANY INC AHBWTP CHEMICAL SUPPLIES 2,690.93

134397 MISCELLANEOUS ONE TIME VENDOR WEWAC PROGRAMS 1,500.00

134398 OCCU-MED, LTD EMPLOYEE EXAM 392.50

134399 PURCHASE POWER POSTAGE SUPPLIES 2,015.00

134400 QUINN COMPANY FLEET SUPPLIES 436.35

134401 REF INDUSTRIES, INC FLEET SUPPLIES 75.00

134401 REF INDUSTRIES, INC SAMPLING TABLE 991.00

134402 SOUTHERN CALIFORNIA GAS GAS 211.89

134403 TIREHUB, LLC FLEET SUPPLIES 944.67

134404 TUSTIN LOCK & SAFE CYBERLOCK SYSTEM & SERVER UPGRADE 2,860.34


134406 US BANK EQUIPMENT FINANCE LEASE PAYMENT FOR SHARP MFP CO 1,477.05








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134423 VERIZON LMW LONG DISTANCE SERVICE 49.03

134424 YO FIRE RESTOCK INVENTORY 4,988.35

134425 CA SHERIFF OF SAN BERNARDINO CO 09/17-WAGE GARNISHMENT 284.23

134426 CALIFORNIA STATE DISBURSEMENT UNIT 09/17-WAGE GARNISHMENT 57.23

134427 CALPERS LONG-TERM CARE PROGRAM 09/17-LONG TERM CARE 258.74

134428 CHARLES SCHWAB & CO., INC 09/17-401 (a) CONTRIBUTION 3,377.42

134429 FRANCHISE TAX BOARD 09/17-WAGE GARNISHMENT 426.33

134430 ICMA RETIREMENT TRUST 09/17-DEFERRED COMP 4,975.00

134431 LINCOLN NATIONAL LIFE INS CO 09/17-DEFERRED COMP/LINCOLN ROTH 7,430.00

134432 NATIONWIDE RETIREMENT SOLUTIONS 09/17-DEFERRED COMP 7,131.95

134433 SPARLING INSTRUMENT CO INC PRODUCTION SUPPLIES 1,597.31

Grand Total 5,217,703.22

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GOVERNMENT & PUBLIC AFFAIRS REPORT

OCTOBER 2020

GOVERNMENT & PUBLIC AFFAIRS REPORT:OCTOBER 2020PAGE 1

Date Activity Location DescriptionOctober -

November 2020Virtual Field Trip Opportunities

Online via Zoom Virtual field trip opportunities are availablefor K-8th grade students. A variety of fun, interactive activities will be conducted from the Environmental Learning Center and presented via Zoom.

October 19 - November 13,

2020

Virtual Senior Health & Wellness Fair

Social Media and Online CVWD will participate as a virtual partner in the City’s annual Senior Health & Wellness Fair to promote landscape workshops, the Customer Assistance Program, rebates and more.

SAVE THE DATE!

Date Activity Number of Attendees

Comments

October 3-11 Water Professionals Appreciation Week

- CVWD recognized our dedicated employees during Water Professionals Appreciation Week through a Proclamation, a video slideshow, and other activities.

October 5-9 National Customer Service Week &

Online Landscape Workshop

- CVWD celebrated National Customer Service Week. As a way to thank customers, CVWD raffled free high efficiency toilets for customers who participated in activities throughout the week. In addition, over 25 customers participated in CVWD’s family-friendly online landscape workshop on October 8.

October 13, 2020 Solar Cup Team Recognition

- CVWD staff recognized the accomplishments of the 2020 Solar Cup Team at the Board of Directors Meeting scheduled on October 13. Mrs. Diver and her students participated via teleconference.

October 21, 2020 Imagine a Day Without Water

- CVWD participated in Imagine a Day Without Water, a national education campaign that brings together diverse stakeholders to highlight how water is essential, invaluable, and in need of investment. This year, CVWD highlighted the campaign during virtual student field trips and on social media.

EVENT HIGHLIGHTS


SOCIAL MEDIA OVERVIEWNUMBER

OF POSTSPOST

ENGAGEMENTSPOST

IMPRESSIONSNUMBER OF FOLLOWERS

Facebook 20 158 2,762 1,245

Twitter 17 165 5,758 1,250

Instagram 25 425 5,082 1,059

NextDoor 17 234 52,011 40,133 Subscribers

Engagements: The number of times people have engaged with posts through likes, comments, shares and more.Impressions: The number of times users have seen our posts.

Summary from 9/1/20 - 9/30/2020

Virtual Field Trips Kickoff in

SeptemberCVWD launched K-8th grade virtual field trip opportunities to local teachers in September and continued its education partnership with the City of Rancho Cucamonga. Field trips have been very successful and are booked through November.

Facebook.com/CVWDwaterInstagram: @CVWDwaterTwitter: @CVWDwater


SOCIAL MEDIA: TOP PERFORMING POSTS


CUSTOMER REBATES & PROGRAMS

P R O G R A M K E Y• LEAP Audits – The Landscape Evaluation & Audit Program (LEAP) is offered through the Chino Basin Water

Conservation District to help residents/businesses with large landscapes reduce water use through a landscape assessment and recommendations for improvements on their irrigation systems.

• MWD Turf Replacement Rebate – Customers are eligible for a $3 per square foot rebate to retrofit their grass with low-water use materials.

• Pressure Regulator Valve (PRV) Retrofit – Customers exchange their older, inefficient PRV for a new working model, including installation by a professional contractor.

• Large Site Program – Customers whose properties are more than a 1/4 acre can receive an outdoor water use evaluation, installation of a weather based irrigation controller, and high efficiency sprinkler nozzles.

• Small Site Program – Customers whose properties are less than 1/4 acre can receive an outdoor water use evaluation and installation of a weather based irrigation controller.

• Indoor & Outdoor Rebates – This category includes rebates issued to residential and commercial customers for items such as: water efficient toilets, clothes washers, high efficiency sprinkler nozzles, weather based irrigation controllers, soil moisture sensors systems, rain barrels, and cisterns.


GOVERNMENT AFFAIRS ACTIVITY

POLICY & REGULATORY• 9/28 – Letter submitted to the Department of Water Resources providing public comment on the draft

Urban Water Management Plan Guidebook. • 9/30 – Letter submitted to Congressional Delegation asking for support for Special Districts in the

revised version of the HEROES ACT.

OUTREACH• 9/16 – ACWA: Education vs. Advocacy: How to Inform Stakeholders About Important Legislative Issues

Without Violating the Law• 9/23 – ACWA Federal Affairs Committee Water Supply Subcommittee Meeting• 9/24 – ACWA Federal Affairs Committee Drinking Water and Energy Subcommittee Meeting• 9/28 – ACWA Federal Affairs Committee Meeting • 10/13 - Proclamation Presentation to Senator Morrell for his years in service• 10/14 – IEUA Community & Legislative Affairs Committee Meeting


Governor’s Executive Order: Lands and Coastal WatersGovernor Newsom signed Executive Order EO-N-82-2020 requiring 30 percent of the state’s land and coastal water to be conserved by 2030. The Executive Order is similar to AB 3030 (Kalra) which failed passage in the 2020 legislative session. The order directs state agencies, through the proposed Biodiversity Collaborative, to deploy a number of strategies to store carbon in the state’s natural and working lands and remove it from the atmosphere. The order also sets a first in the nation goal to conserve 30 percent of the state’s land and coastal water by 2030 to fight species loss and ecosystem destruction.

Specifically, state agencies are directed to pursue innovative actions, strategies and partnerships to maximize the full climate benefits of our natural and working land, through:

• Healthy soils management, including planting cover crops, hedgerows and compost applications;• Wetlands restoration to protect coastal areas;• Active forest management to reduce catastrophic risk and restore forest health; and• Boosting green infrastructure in urban areas like trees and parks.

The Governor’s Executive Order directs the Collaborative and the Natural Resources Agency to send a report to the Governor by February 1, 2022 outlining strategies to achieve the 30% by 2030 goal. The order does not reference water in the same way that AB 3030 (Kalra) did, focusing on coastal biodiversity rather than urban water usage. As the strategies to implement the Executive Order are proposed and discussed over the coming months, the District will monitor and engage as appropriate.

Governor Newsom Signs Executive Order Phasing Out Gasoline Powered Cars by 2035Governor Newsom recently issued an executive order requiring sales of all new passenger vehicles to be zero emission by 2035 and additional measures to eliminate harmful emissions from the transportation sector. Following the order, the California Air Resources Board (CARB) will develop regulations to mandate that 100 percent of in-state sales of new passenger cars and trucks are zero-emission by 2035, a target that would achieve more than a 35 percent reduction in greenhouse gas emissions and an 80 percent improvement in oxides of nitrogen emissions from cars statewide. In addition, CARB will develop regulations to mandate that all operations of medium and heavy duty vehicles shall be 100 percent zero emission by 2045 where feasible, with the mandate going into effect by 2035 for transportation trucks. To ensure needed infrastructure to support zero-emission vehicles, the order requires state agencies, in partnership with the private sector, to accelerate deployment of affordable fueling and charging options. It also requires support of new and used zero emission vehicle markets to provide broad accessibility to zero emission vehicles for all Californians. The executive order will not prevent Californians from owning gasoline-powered cars or selling them on the used car market. This action continues the Governor’s commitment to strengthening California’s resilience while lowering carbon emissions, essential to meeting California’s air quality and climate goals. In the last six months alone, CARB has approved new regulations requiring truck manufacturers to transition to electric zero-emission trucks beginning in 2024 and the Governor signed an MOU with 14 other states to advance and accelerate the market for electric medium and heavy duty vehicles. The District is in the process of submitting a comment letter on the new regulations.


Water Year 2020 Demonstrates California’s Weather VariabilityCalifornia’s Water Year (October 1 - September 30) has ended and while Northern California was mostly dry, parts of Southern California experienced above average precipitation. The water year ended below average resulting in a snowpack of just 50 percent of average, as measured by the California Cooperative Snow Survey Program, making it the 10th smallest snowpack in California since 1950. California’s reservoirs received just a third of the water runoff from precipitation and snowmelt that they did during the same time a year ago. However, the impacts of dry conditions were lessened, because of good reservoir storage from a wet 2019. Statewide reservoir storage through the end of September 2020 is projected to be 93 percent of average or 21.5 million acre feet. The continued water year variability is also a reminder to all Californians to be prepared for dry periods.. EPA Actions Support Water Utility Resiliency in Response to COVID-19The U.S. Environmental Protection Agency (EPA) is highlighting two actions that support the water sector, public health and the environment in response to COVID-19. First, the agency is working with federal, state, and local partners to develop new and emerging wastewater monitoring technologies that can provide an early indication of COVID-19 infections at the community-level to help inform state and local public health decisions. Second, the agency is continuing its support of the operational and financial resiliency of drinking water and wastewater utilities by releasing a voluntary survey to help assess the challenges faced by these entities as a result of COVID-19.

The 2020 COVID-19 Water Sector Survey will help identify and evaluate certain impacts to water utilities stemming from operational and financial challenges. This voluntary survey will facilitate the collection of useful information in a uniform format to guide the development of technical assistance which could help sustain water utility operations and supports planning for the future. Information collected in the survey will be anonymized prior to any public release.


2020-21 IMPORTANT DATES OCCURRING DURING FINAL RECESS

November 3, 2020 General Election.

November 30, 2020 2019-2020 Legislative Session will adjourns at midnight until next legislative session.

December 7, 2020 2020-2021 regular session will convene and Legislature will be sworn in.

January 1, 2021 Statutes take effect.

January 4, 2021 Legislature reconvenes.


2019-2020 Legislative Session RecapDuring the 2019-2020 legislative session, the District proudly advocated and monitored legislation throughout the year and submitted approximately 140 letters, made numerous phone calls, and met with local legislators. These efforts help impact statewide decisions that can affect us locally.

Due to COVID–19 related challenges that necessitated unprecedented actions and a compressed legislative session, the Legislature greatly reduced the number of bills it heard in 2020 to focus on COVID–19 policy response and other priority areas. In a typical year, the Legislature sends anywhere from 870 to 2,143 bills to the Governor for consideration. However in 2020, the Legislature ended up passing 428 bills; 137 were Senate bills and 291 were Assembly bills. In total, Governor Newsom signed 372 into law and vetoed 56 bills.

CVWD Tracked Legislation Signed by the Governor

AB 2107 (Rodriguez): Local government: securitized limited obligation notes (SLON’s)

This unique financing tool offers a practical, cost effective, medium term financing method for a variety of projects without requiring voter approval. Since no committee bill in 2019 included an extension of SLONs for the next 5 years, a standalone bill was needed for special districts to continue using this important financial tool. This bill will be a valuable tool for special districts during the recovery from this crisis, offering another avenue for financial relief.

AB 2107 takes effect on January 1, 2021 and will remain in effect for 5 years.

AB 2560 (Quirk): Water quality: notification levels and response levels: procedures

AB 2560 establishes a transparent process for setting health-based advisory levels for drinking water contaminants before enforceable standards are established. Requiring the State Water Resources Control Board (Water Board) to comply with specified public notice and comment procedures when establishing or revising Notification Levels (NLs) and Response Levels (RLs), except when the Water Board finds the potential for imminent harm to public health and safety. Previously, there was no public process for setting these health based advisory levels and the decisions were made without input from the Water Board.

SB 1386 (Moorlach):Local government: assessments, fees, and charges

This bill is in response to the class-action fire hydrant funding lawsuit. SB 1386 specifies that hydrants, as defined, are part of the system of public improvements included in the definition of “water” for purposes of the Proposition 218 Omnibus Implementation Act.


BILL NO. TITLE & DESCRIPTION IMPACT TO CVWD POSITIONS

HOUSE

2020 LEGISLATIVE UPDATE

H.R. 2DeFazio

INVEST in America Act: The measure includes $25 billion for drinking water, $100 billion for broadband, $70 billion for clean energy projects, $100 billion for low-income schools, $30 billion to upgrade hospitals, $100 billion in funding for public housing and $25 billion for the postal service and allocates approximately $500 billion to further green efforts.

This bill could provide funding resources for the District.

CVWD – WatchACWA – WatchCSDA – NYCSCWC – NYC

H.R. 6800Nita

The HEROES ACT: The HEROES Act includes $1.5 billion in funding for water ratepayer assistance to help low-income households pay for water and wastewater service, as well as $375 billion to help cover municipality revenue shortfalls, including shortfalls from providing water treatment services.

This bill could provide COVID-19 assistance for revenue shortfall for the District.

CVWD – NYCACWA – NYCCSDA – NYCSCWC – NYC



H.R. 6552Rashida

Emergency Water is a Human Right Act: This bill creates a grant program, administered by the Department of Health and Human Services, to provide funds to states and Indian tribes to assist low-income households that pay a high proportion of household income for drinking water and wastewater services. Further, any entity receiving financial assistance under this grant program must ensure that no home energy service or public water system service is or remains disconnected or interrupted during the COVID-19 (i.e., coronavirus disease 2019) public health emergency.

States that receive a grant under this section will enter into agreements with public water systems to assist in identifying low income households and to carry out this section. This bill could become a mandate for the District which we oppose in concept.

CVWD – WatchACWA – NYCCSDA – NYCSCWC – NYC

H.R. 7073Garamendi

Special Districts Provide Essential Services Act: The bill would make special districts eligible for direct COVID-19 federal financial assistance allocated by Congress in the future. It would also provide special districts with access to the Federal Reserve’s Municipal Liquidity Facility, something they do not currently have access to.

This bill could provide funding resources for unforeseen COVID-19 related expenditures or revenue loss.

CVWD – Support ACWA – Support CSDA – SupportSCWC – NYC




SENATE


S. 3590Barraso

Drinking Water Act of 2020: Includes $2.5 billion in federal authorizations and reauthorizes programs under the Safe Drinking Water Act (SDWA) to provide resources and technical assistance to communities to help meet their drinking needs.

The bill is notably focused on PFAS, mandating that the EPA sets drinking water standards for PFOA and PFOS. It could expand an EPA grant program to clean up groundwater and drinking water contaminated with PFAS.

CVWD – WatchACWA – SupportCSDA – NYCSCWC – NYC

S. 3591Barraso

America’s Water Infrastructure Act of 2020: To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, to provide for water pollution control activities, and for other purposes. $17 billion in new federal authorization for both Army Corps of Engineers and EPA projects and programs that will, among other things, upgrade wastewater systems across the country, train the next generation of water and wastewater workers, and reauthorize clean water revolving loan funds.

This bill allows the access to federally backed low cost loans.

CVWD – WatchACWA – SupportCSDA – NYCSCWC – NYC



S. 3811Feinstein

The Restoration of Essential Conveyance Act: The bill authorizes $600 million in federal funding for three major projects to repair California’s water delivery system, which has reduced conveyance capacity as a result of subsidence along the canals. The bill provides $200 million for the Friant-Kern Canal, $200 million for the Delta-Mendota Canal, and $200 million for the California Aqueduct. Additionally, the bill provides an additional $200 million in funding for restoration of the San Joaquin River, including environmentally protective infrastructure such as fish screens, fish bypass projects, and control structures necessary to successfully implement the San Joaquin River Restoration Settlement.

This bill would help address impacts of groundwater subsidence on major portions of the CA delivery system.

CVWD – NYCACWA – SupportCSDA – NYCSCWC – NYC

S. 4188Harris

Water for Tomorrow Act of 2020: Includes a nearly $3 billion investment in water infrastructure and resiliency programs, including stormwater capture and desalination projects.

This bill could provide funding resources for the region.

CVWD – WatchACWA – Support if Amended CSDA – NYCSCWC – NYC




SENATE


S. 4308Sinema, Harris, Feinstein

A bill to amend the Social Security Act to include special districts in the coronavirus relief fund, to direct the Secretary to include special districts as an eligible issuer under the Municipal Liquidity Facility, and for other purposes: a Senate companion to H.R. 7073, adding greater flexibility for states with less reliance on special districts within their communities and offers states guidance on how to distribute the 5 percent they must direct of future Coronavirus Relief Fund appropriations.

This bill could provide direct funding for Special Districts with unforeseen COVID-19 related expenditures or revenue loss.

CVWD – SupportACWA – SupportCSDA – SupportSCWC – NYC

S. 4530Feisntein

A bill to establish a Snow Water Supply Forecasting Program within the Department of the Interior, and for other purposes: This bill establishes a program within the U.S. Department of Interior that would improve the understanding, management, and development of snowpack measurement technologies used for seasonal water forecasting with Airborne Snow Observatory (ACO) technologies.

This bill could provide assistance in improving water management in the state with a more accurate reading of the snowpack.

CVWD – SupportACWA – SupportCSDA – NYCSCWC – NYC


THE FOLLOWING PAGES ARE THE LEGISLATIVE REPORT FROM IEUA’S MOST RECENT BOARD

MEETING FOR YOUR INFORMATION

October 1, 2020

To: Inland Empire Utilties Agency

From: Michael Boccadoro Beth Olhasso

Maddie Munson RE: September Report

Overview:

While it is officially fall, summer temperatures continue to persist throughout the state causing water demand to remain at high, summer levels. Carryover storage in California’s reservoirs has gotten the state through the record breaking heat this summer and could really use a strong winter snowpack to replenish supplies after a dismal winter of 2020. San Luis Reservoir, the main south-of-Delta storage facility for the State Water Project, is at 102 percent of average and 48 percent capacity for this time of the year. Oroville is at 75 percent of average and 46 percent capacity.

Governor Newsom recently announced a series of climate related goals and objectives aimed at transitioning the state to zero emission vehicles and away from fossil fuel based energy resources. He asked CA agencies to look at how the sate and speed up transition to zero-carbon resources ahead of the state’s 2045 carbon neutrality goal. Additionally, he signed an Executive Order that would mandate the sale of new electric-only passenger vehicles starting in 2035. Provisions regarding off-road equipment and heavy-duty and trucks are confusing and concerning in the EO and require further discussion with the administration and regulators.

The State Water Resources Control Board (SWRCB) recently released a report “Co-Digestion Capacity in California” that found that at least half of the state’s landfill bound food waste could be diverted to POTWs for co-digestion.

The Office of Environmental Health Hazard Assessment (OEHHA) is looking to add PFOA to the Proposition 65 list of carcinogens warning list. Such an addition could open up sources of PFOA to litigation. With research on how PFOA moves through POTWs, there could be a concern about possible consequences should the chemical be listed.

The election is just around the corner and the IEUA delegation is assured of at least one new member to its delegation. Senator Mike Morrell is termed out and his seat will be filled with somebody new. There are also a number of close races within the IEUA service territory that many will be closely watching on Election Day and the days following.

The 2019-2020 Legislative session ended late into the night of August 31. The session was significantly disrupted by the pandemic and concluded with a small number of water-related bills making it to the Governor’s desk. IEUA was able to help play great defense on bills that were late gut and amends that would have had some significant adverse impacts on the agency. SB 1386 (Moorlach) on ratepayer assessment of water from fire hydrants and AB 2560 (Quirk) on notification and response level establishment procedures at the SWRCB were both signed by the Governor.

Inland Empire Utilities Agency

Status Report – September 2020

Water Supply Conditions

While it is officially fall, summer temperatures continue to persist throughout the state causing water demand to remain at high, summer levels. Carryover storage in California’s reservoirs has gotten the state through the record breaking heat this summer and the state could really use a strong winter snowpack to replenish supplies after a dismal winter of 2020. San Luis Reservoir, the main south-of-Delta storage facility for the State Water Project, is at 102 percent of average and 48 percent capacity for this time of the year. Oroville is at 75 percent of average and 46 percent capacity.

Drought conditions are about normal for this time of the year, with about 84 percent of the state experiencing at least abnormally dry conditions. Surprisingly, it is the northern portion of the state that is struggling with more serious drought conditions, where normally Southern California is more dry.

Governor Focuses on Climate Issues

Executive Order on Zero Emission Vehicles (ZEV)

On September 23 Governor Newsom issued an executive order directed at transitioning California away from gas/diesel based transportation. EO N-79-20 sets forth the following goals:

1. Transition to zero-emissions vehicles and equipment by type by the following timelines:

a. Passenger cars and trucks by 2035, b. Drayage trucks by 2035, c. Off-road vehicles and equipment by 2035, and d. Medium- and heavy-duty vehicles by 2045.

The EO directs CARB to develop and propose regulations to implement and ultimately meet the aforementioned goals/timelines. The EO also states CARB shall act consistently with technological feasibility and cost-effectiveness. The EO is unclear on the regulations for off-road and medium and heavy-duty vehicles. A plain

reading of the text reads that all vehicles will have to be replaced by 2035 and 2045, respectably.

WCA staff has conferred with the administration who have hinted that this was an error that

will be clarified in the rulemaking process.

2. CARB, California State Transportation Agency (CalSTA), and other state agencies shall

develop a Zero-Emissions Vehicle Market Development Strategy by January 31, 2021, and update that strategy every three years.

3. CARB, the California Energy Commission (CEC), and other state agencies shall use their

exiting authority to accelerate deployment of fueling and charging options for ZEVs, which an emphasis on equitable deployment in all communities including low-income and disadvantaged communities.

4. By July 15, 2021, CalSTA, Caltrans, and the California Transportation Commission (CTC)

shall identify near term actions, and investment strategies, to improve clean transportation, sustainable freight and transit options, while continuing a “fit-it-first” approach to our transportation system.

5. The Labor and Workforce Development Agency in consultation of other state agencies and

departments shall, by July 15, 2021, develop and implement a “Just Transition Roadmap” for transitioning fossil fuel dependent jobs into the clean/green economy and opportunities created by the transition to zero-emission vehicles.

6. Related to the transition away from fossil fuels, California Environmental Protection Agency

shall expedite regulatory processes to repurpose and transition up-and downstream oil facilities; develop and pursue strategies to continue to reduce carbon intensity of fossil fuels; and manage and expedite the closure and remediation of former oil extraction sites.

Acceleration of Climate Goals

With the backdrop of wildfire behind him, Governor Newsom asked officials at the California Environmental Protection Agency and the California Natural Resources Agency to look through the list of the state's prescriptive goals and "dust off our current processes, our current strategies, and accelerate all of them across the board." This includes broad decarbonization policies as well as measures to electrify transportation, land use efforts, and industrial and agricultural policies.

https://www.gov.ca.gov/wp-content/uploads/2020/09/9.23.20-EO-N-79-20-text.pdf

The Governor specifically references SB 100 (de Leon 2018), which sets the state on a path to achieve 100 percent renewable and zero-carbon electricity by 2045, as a nice goal, but states it is “inadequate to meet the challenges of the state.” Between the ZEV EO and the request to accelerate zero-carbon electricity goals, 2021 will likely have a significant number of bills dealing with these issues, in addition to regulatory action. SWRCB Report on Co-Digestion at POTWs Released

The SWRCB recently released a report by Carollo Engineers, “Co-Digestion Capacity in California” that finds that at least half of California’s landfill-bound food waste could be processed through wastewater treatment plants throughout the state. The study also finds that POTWs could profit by processing food waste while reducing GHGs by an estimated 2.4 million metric tons of CO2-equivalent per year. The report also noted that it will likely take around one billion dollars of statewide capital investment to adequately upgrade facilities. PFOS Proposed to be Added to CA Prop 65 Cancer Listing

The Office of Environmental Health Hazard Assessment (OEHHA) is preparing to prioritize a list of seven chemicals for potential addition to the state’s Proposition 65 warning law carcinogen list, including perflourooctane sulfonate (PFOS). The Carcinogen Identification Committee’s (CIC) consideration of PFOS is facing significant concern from the chemical industry, whose representatives state that there is not enough data to show the substance is carcinogenic. A recent technical report by the National Toxicology Program found rare evidence of carcinogenic activity in lab rats exposed to PFOA. A Prop 65 listing could bolster tort suits. Comments are due to the committee on October 19, ahead of their November 17 virtual meeting. Election Preview

The November 3 General Election is just about one month away and IEUA will see some changes in its legislative delegation. Below is a preview of the races in the IEUA delegation:

AD 40 (Rancho Cucamonga)

Registration: 42% D 30% R 21% no party preference Candidates: James Ramos (D)- Incumbent Ricardo Benitez (R)- Contractor/Business Owner

AD 41 (Upland)

Registration: 47% D 25% R 22% no party preference Candidates: Chris Holden (D)- Incumbent Robin Hvidston (R)- Organization Director

https://www.waterboards.ca.gov/water_issues/programs/climate/docs/co_digestion/final_co_digestion_capacity_in_california_appendices_only.pdf

AD 47 (Fontana)

Registration: 50% D 18% R 25% no party preference Candidates: Eloise Gomez Reyes (D)- Incumbent Matthew Gordon (R)- SB County Sheriff’s Sargent

AD 52 (Ontario)

Registration: 48% D 21% R 24% no party preference Candidates: Freddie Rodriguez (D)- Incumbent Toni Holli (R)- Account Technician

AD 55 (Chino Hills)

Registration: 35% D 34% R 26% no party preference Candidates: Philip Chen (R)- Incumbent Andrew Rodriguez (D)- Walnut City Council SD 23 (Rancho Cucamonga)- Mike Morrell termed out

Registration: 37% D 35% R 20% no party preference Candidates: Abigail Medina (D)- School Board President Rosilicia Ochoa Bogh (R)- School Board Member SD 25 (Upland)

Registration: 45% D 24% R 24% no party preference Candidates: Anthony Portantino (D)- Incumbent

SD 29 (Chino Hills)

Registration: 38% D 31% R 25% no party preference Candidates: Ling Ling Chang (R)- Incumbent Josh Newman (D)- Veterans’ Advocate/former Senator New Members of the California Water Commission

On September 30, Governor Newsom appointed two new members to the California Water Commission. Both will need Senate confirmation when the Legislature returns, but they can serve until their confirmation.

Samantha F.V. Arthur, 35, of Sacramento, has been appointed to the California Water Commission. Arthur has been Working Lands Program Director at Audubon California since 2019, where she has held multiple positions since 2014, including Conservation Project Director and Conservation Project Manager. She was a Strategic Planning and Policy Intern at the California Association of Resource Conservation Districts from 2013 to 2014 and a Land Protection Specialist at Big Sur Land Trust from 2010 to 2012. Arthur earned a Master of Science degree in Environmental Science and Management from the University of California, Santa Barbara.

Alexandre B. Makler, 52, of Berkeley, has been appointed to the California Water Commission. Makler has been Senior Vice President, West Region of Calpine Corporation since 2014, where he has held multiple positions since 1999, including Vice President of Strategic Origination and Development and Vice President/Assistant General Counsel. He was an Associate at Pillsbury Winthrop from 1998 to 1999 and at Curtis, Mallet-Prevost, Colt & Mosle from 1995 to 1998. He earned a Juris Doctor degree from the University of California, Berkeley School of Law.

Legislative Update

As reported last month, the Legislature concluded the 2019-2020 Legislative Session late into the night on August 31. The COVID-19 pandemic drastically altered business in the Capitol with members asked to shelve any bills not related to the pandemic, homelessness, economic recovery or wildfire. Members also had to grapple with the estimated $54 billion budget shortfall facing the state due to the COVID-19 crisis. The Legislature ultimately passed a budget that assumes significant funding from the federal government, but has “trigger cuts” included should the funding not materialize. Even with the trigger cuts, should federal funding fail to appear, the Legislature and the Governor will have to make some significant cuts either in a special session or in January when they return. The Governor has not indicated he is going to call a special session. On September 30, the Governor issued a statement about the latest federal package. He noted that if passed and signed by the President, the $436 billion in assistance for state and local governments, if provided by October 15, would “help California avoid difficult reductions in the 2020-21 fiscal year.

Ultimately, members were unable to craft an economic stimulus package before the end of session and no climate resilience bond was passed for the November ballot. The next opportunity for a bond will be on the March of 2022 ballot.

The Governor had until September 30 to act on all of the measures sent to him by the Legislature- IEUA was only waiting on the final results of two measures:

AB 2560 (Quirk) is CMUA and OCWD’s bill on procedures for establishing notification and response levels at the SWRCB. The measure has easily moved through the Assembly and Senate committee and full house processes and is on the Governor’s desk for signature. The SWRCB voiced some concerns over the bill, but ultimately, the Governor signed the measure. SB 1386 (Moorlach) is the bill addressing the class action lawsuit on the how water from fire hydrants is treated under Prop. 218. IEUA has joined a very long list of supporters of this legislation and the bill moved easily through the Assembly and the Senate and was signed by the Governor. Barring no special session, members will return to their districts for the fall campaign season and return to Sacramento in December for a swearing in ceremony and in January to begin the 2021-2022 Legislative Session.

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MEMORANDUM To: IEUA Community and Legislative Affairs Committee From: Letitia White, Jean Denton, Drew Tatum, and Sarah Persichetti Date: October 2, 2020 Re: September Monthly Legislative Update

Continuing Resolution Passes House, Senate, Signed into Law by President Trump Early Thursday morning, President Trump signed legislation into law that would extend current levels of government funding into the new fiscal year. While appropriations authority technically expired at midnight, the very brief lapse in appropriations didn’t trigger a government shutdown. The legislation, H.R.8337—the Continuing Appropriations Act, 2021, and Other Extensions Act (CR), received bipartisan support in the House and Senate. On Tuesday, September 22, the House passed the CR by a vote of 359 to 57 under suspension of the rules, and the Senate passed the legislation on Wednesday, September 30, the last day of the fiscal year, by a vote of 84 to 10. The CR will provide continued funding for federal government operations through December 11, 2020, and provide various authorization extensions, including the National Flood insurance program and federal surface transportation programs (i.e. the FAST Act), through the end of fiscal year 2021. Before passing the CR, House leaders were forced to delay the vote on the original legislation because members were concerned that the funding provisions for the Commodity Credit Corporation (CCC) and the Pandemic EBT program, which provides food to low-income children, had not been included in the final negotiations even though both parties were nearing an agreement. Speaker Nancy Pelosi (D-CA) and Majority Leader Steny Hoyer (D-MD) likely pulled the original legislation from the floor to avoid an embarrassing loss on a procedural vote known as the “motion to recommit,” which is viewed as the minority party’s last chance to amend legislation before it is passed. The agreement struck between the two parties adds $8 billion in nutrition assistance programs and allows for the farm aid distributed through the CCC to continue but with measures sought by Democrats to prohibit payments to fossil fuel refiners and importers. It expands the expiring program providing low-income children with meals to include child care centers impacted by pandemic-related closures and gives states continued flexibility for food stamp requirements for another year. House Democratic leadership had also faced pushback from some members of their own caucus about excluding the farm aid from the initial stopgap bill. Representative Cindy Axne (D-IA)

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stated in response to the exclusion of the aid “I am deeply frustrated that once again Washington is playing games with the vital aid that Iowa’s farmers need as they continue to struggle with the long-term effects of a public health crisis, an economic downturn, a trade war, and recent natural disasters.” Expedited consideration of the CR in the Senate may have been held up by Senator Rob Portman (R-OH) who wanted to change the must-pass government funding bill to provide more money for the Lost Wages Assistance Program created to help those unemployed during the pandemic. Senator Portman indicated he would seek to offer an amendment to CR to ensure $300 per week payments continue, proposing $86.6 billion in extra spending to replenish the Disaster Relief Fund, which he said has been “tapped out” by natural disasters and for use in providing payments as part of the economic stimulus plans approved by Congress. Portman said the amendment would provide $44 billion to states to ensure payments to unemployed and other funds would be used for disasters. Senator Portman did not have the opportunity, given procedural steps taken by Senate Majority Leader Mitch McConnell (R-KY), to offer his amendment before the legislation passed. Senators Debate SCOTUS Next Steps After Death of Ginsberg Supreme Court Justice Ruth Bader Ginsberg passed away on Friday, September 18 due to complications with metastatic pancreatic cancer. Justice Ginsberg, who was 87 years old at time of her death, spent 27 years on the nation’s top court and was the second woman to serve as an Associate Justice of the Supreme Court. Seen as a moderate when President Bill Clinton nominated her to the bench in 1993, Justice Ginsburg went on to leave a lasting mark in the realm of gender equality, civil liberties and pay equity, and grew to achieve improbable late-in-life recognition as a pop culture icon and hero of the progressive movement. The late Justice Anton Scalia, with whom Justice Ginsburg shared a great friendship despite their political differences, considered her the Thurgood Marshall of women’s rights, a reference to the legendary civil rights lawyer who helped end racial segregation before becoming the nation’s first African American Supreme Court justice. Following a private ceremony for family, close friends and fellow justices in the morning on Wednesday, September 23, Justice Ginsburg lay in repose at the Supreme Court on Wednesday and Thursday and lay in state on Friday, September 25 in Statuary Hall in the Capitol. Justice Ginsburg’s death came 46 days before the election, with many members of Democrat leadership calling for her seat to be filled next year. However, Senate Majority Leader Mitch McConnell vowed following the announcement of Justice Ginsberg’s death that Republicans will move to fill the Supreme Court vacancy saying, "President Trump’s nominee will receive a vote on the floor of the United States Senate." On Saturday, September 25, President Donald Trump officially nominated Judge Amy Coney Barrett to fill the vacant seat left by Justice Ginsburg’s death. President Trump said in his



announcement from the White House Rose Garden that Judge Barrett “is a woman of unparalleled achievement, towering intellect, sterling credentials and unyielding loyalty to the constitution.” Judge Barrett, a former clerk for late Supreme Court Justice Antonin Scalia, was nominated by President Trump and confirmed in a 55-43 vote by the Senate to serve on the U.S. Court of Appeals for the 7th Circuit in 2017. Judge Barrett is a favorite among conservatives and was included on the shortlist to succeed former Justice Anthony Kennedy prior to President Trump nominating now-Supreme Court Justice Brett Kavanaugh. In her remarks following her nomination, Judge Barrett pledged to model her judicial approach after that of Justice Scalia, whose emphasis on the meaning of legal text is now a pillar of conservative jurisprudence. “Judges are not policymakers, and they must be resolute in setting aside any policy views they might hold,” she said, noting that Justice Scalia had an “incalculable influence on my life.” Judge Barrett also acknowledged the late Justice Ruth Bader Ginsburg, describing her as a trailblazer for women, noting that the late justice began her legal career at a time when women were not welcome into the profession. “She not only broke glass ceilings, but she smashed them,” Barrett continued. “She was a woman of enormous talent and consequences and her life of public service serves as an example to us all.” Judge Barrett’s nomination, which had been expected, sets up what promises to be a dramatic confirmation process before the November presidential election. Following declarations from Majority Leader McConnell’s announcement that the seat left vacant by the late Justice Ruth Bader Ginsburg would be filled by the end of the year, President Trump stated on Monday, September 21 that the Senate should vote to confirm his forthcoming Supreme Court nominee before Election Day, sending his clearest signal yet on the timing of a possible vote. "I think the vote, the final vote, should be taken, frankly, before the election. We have plenty of time for that," Trump said. Following announcements by Senators Susan Collins (R-ME) and Lisa Murkowski (R-AK) after Justice Ginsburg’s death that they would vote against a nominee brought before the Senate prior to the election, Senator Mitt Romney (R-UT), who was also considered a potential swing vote, confirmed that he would be open to consideration of sending a new judge to the high court before the election. Republicans can afford three senators to oppose a vote before Election Day and still confirm Trump's eventual nominee, assuming all Democrats in the upper chamber are against a vote. With Senator Romney’s expressed support for a vote, if the rest of the GOP caucus votes yes, Majority Leader McConnell will have 51 votes to confirm a nominee. Tensions were high on the Senate floor in the debate on next steps for the court as Senate Minority Leader Schumer challenged Majority Leader McConnell’s statements regarding an existing precedent for confirming a Supreme Court nominee during an election year when both



the Senate and the White House have been held by the same party. The last time a Supreme Court nominee was confirmed during an election year was in July 1916. Minority Leader Schumer stated on the Senate floor on Wednesday, September 23, that "July is long gone. August is over. We’re now at the end of September. And as you just heard, not from the Democratic Leader, but from the records in the Senate [after asking if the Secretary of the Senate shows records of a precedent] as spoken by the Chair, there is no precedent for confirming a Supreme Court Justice between July and Election Day.” Minority Leader Schumer also added concern over the nomination, stating the move was an assault on the ACA. “By nominating Judge Amy Coney Barrett to the Supreme Court, President Trump has once again put Americans’ healthcare in the crosshairs," he said. Later, he added that he will not meet with Judge Barrett stating “why would I meet with a nominee of such an illegitimate process and one who is determined to get rid of the Affordable Care Act?"

Judge Barrett was on Capitol Hill on Monday to meet with key Republican Senators, including Majority Leader McConnell and Senate Judiciary Chairman Lindsey Graham (R-SC). Additional Democrats have stated they will not meet with Judge Barrett, including Senator Mazie Hirono (D-HI) and Senator Richard Blumenthal (D-CT), both of whom serve on the Senate Judiciary Committee. While meeting with the President’s nominee is not required, it provides senators a first shot at questioning the Supreme Court nominee ahead of a high-profile hearing. Republican senators said last weekend that they believe Judge Barrett will be confirmed by November. Additionally, Senate Minority Whip Dick Durbin (D-IL) acknowledged there is little Democrats can do to halt the confirmation of Trump’s nominee. “We could slow it down perhaps a matter of hours, maybe days at the most, but we can’t stop the outcome,” he stated. “What we should do is to address this now respectfully.” The Senate Judiciary Committee is expected to start a four-day hearing for Judge Barrett’s nomination on October 12th, followed up a possible floor vote before the end of October, just days before the November 3rd election. The Supreme Court began its next term with opening conference on Tuesday September 29, with the first arguments of the term coming on Monday, October 5th. As a reminder, in the event of a 4-4 split vote amongst the justices before a new justice is confirmed, the lower court’s ruling is effectively upheld. Covid Relief Legislation On Thursday October 1, the House passed a massive $2.2 trillion package of coronavirus relief, lending political cover to party centrists in tough races while putting fresh pressure on Senate Republicans to move another round of emergency aid before the coming elections. The vote arrived only after last-ditch negotiations between Speaker Nancy Pelosi (D-CA) and Treasury Secretary Steven Mnuchin on Thursday failed to yield a bipartisan agreement — after the two had talked numerous times throughout the week to try and find a deal.

https://thehill.com/people/nancy-pelosi

https://thehill.com/people/steven-mnuchin



The legislation has almost no chance of becoming law – with a final vote in the House of 214 to 207, every Republican and 18 Democrat members voted against the legislation, and Senate Republicans and the White House both oppose the measure. House Democrats released the updated $2.2 trillion HEROES Act on Monday, claiming that the legislation served as a “proffer to Republicans to come to negotiations to address the health and economic catastrophe in our country,” in a last-ditch effort to pressure White House negotiators to come back to the table and strike a bipartisan deal before the election. Republicans had made it clear they are not happy with the House Democrats’ new proposal. House Minority Whip Steve Scalise (R-LA) called on Republicans to oppose the bill in a whip notice to his conference on Tuesday. The memo called the bill a “messaging exercise” that “recycles the same socialist wish list that was offered” in Democrats’ earlier $3.4 trillion proposal in May. This pared-down HEROES Act — $1.2 trillion less than the original bill passed by the House last spring — includes $436 billion in emergency aid for state and local governments; $225 billion for schools and child care; an additional round of $1,200 stimulus checks for most Americans; money to restore $600 expanded unemployment payments through January; $75 billion for testing, contact tracing and other health care efforts; billions for housing assistance; and funding to shore up the census, U.S. Postal Service and elections. HEROES Act 2.0 also includes a key provision backed by President Trump and Republican lawmakers - $25 billion to stave off thousands of layoffs at passenger airlines, as well as $3 billion for airline contractors. The beleaguered restaurant industry would receive $120 billion in aid under the Democratic plan. The latest COVID relief proposal by House Democrats comes after the White House and Congress restarted discussions on covid relief during the month of September, however little progress was made. Secretary Steven Mnuchin and Speaker of the House Nancy Pelosi restarted discussions by phone on Tuesday, September 1st for the first time since August 7th. In the Senate, after weeks of disagreement within the Republican party on a COVID relief plan, Senate Majority Leader Mitch McConnell (R-KY) unveiled the roughly $500 billion legislation, the Delivering Immediate Relief to America’s Families, Schools, and Small Business Act, on Tuesday, September 8th. Senators voted 52-47 on Thursday, September 10th on the Republican bill, failing to reach the 60 votes necessary to invoke cloture on the legislation, which was offered as a substitute amendment. The vote marked the first coronavirus-related legislation the chamber has considered since it passed a $484 billion package in April. GOP leadership worked behind the scenes to lock down 51 votes, a U-turn from August when Majority Leader McConnell predicted that up to 20 Republican senators would not vote for any additional coronavirus relief legislation. Senator Rand Paul (R-KY) was the only Republican to vote against the bill.



After the failed vote in the Senate, lawmakers have been growing increasingly pessimistic about passing another coronavirus relief package ahead of the November election. Despite Senate Republicans’ dismal outlook on reaching an agreement with House Democrats after their “skinny” bill failed to pass, President Trump shook up the high-stakes debate over coronavirus relief in a tweet on Wednesday, September 16th by encouraging Republicans to “go for the much higher numbers” adding that “it all comes back to the USA anyway (one way or another!)”. Minutes after Trump's tweet, White House chief of staff Mark Meadows, who has been key negotiator throughout discussions over COVID relief legislation, said he was more “optimistic” about a potential for a deal than he had been in quite some time and characterized a $1.52 trillion relief plan proposed by the bipartisan Problem Solvers Caucus (PSC) on Tuesday, September 15th as a “thoughtful suggestion” adding "It provides a foundation for us to come back to the table. ... It's not a show stopper”. Speaker Pelosi, as well as several members of House leadership, has pegged the PSC’s proposed plan as “insufficient”, despite at least 75% of PSC members supporting the package. Various members of Democrat leadership released a statement critical of the PSC plan saying it “falls short of what is needed to save lives and boost the economy.” During the second half of the month, COVID negotiations stalled with lawmakers’ attention turned towards passing a continuing resolution (CR) to keep the government open after the end of the fiscal year. Secretary Mnuchin stated that after the Senate passes a CR, he would discuss additional COVID aid with Speaker Pelosi. Federal Reserve Chairman Jerome Powell weighed in on the debate in September when he appeared before Congress to testify on the Federal Reserve’s response to the pandemic, and the need for additional stimulus. During a hearing before the House Oversight Committee’s special coronavirus subcommittee, Chairman Powell faced a partisan group of members who presented questions and discussion out of the Federal Reserve’s domain. Chairman Powell rebuffed questions about the size and scope of another fiscal stimulus deal, voicing support for some form of aid but leaving the details to lawmakers to hash out. Despite the overall tenor of the hearing, Powell did face several questions about what the Fed could do to help smaller businesses beyond the scope of its current emergency lending programs. Some Democratic members of the panel asked Powell to consider lowering the minimum loan threshold for the Fed’s Main Street Lending Program (MSLP), a facility designed to help mid-sized businesses weather the pandemic. But Powell said the MSLP has seen virtually no demand for loans less than $1 million and that the Fed is not well equipped to underwrite a flood of smaller loans that could lead to substantial taxpayer losses. On Thursday, September 24th, Chairman Powell, in addition to Treasury Secretary Steven Mnuchin, appeared before the Senate Banking Committee. Secretary Mnuchin told Senators during the hearing that he has spoken to Speaker Pelosi “15 or 20 times in the last few days on



the [Continuing Resolution] CR” and they had “agreed to continue to have discussions about the CARES Act.” “We are encouraged that after months of the Senate Republicans insisting on shortchanging the massive needs of the American people, President Trump is now calling on Republicans to ‘go for the much higher numbers’ in the next coronavirus relief package,” Speaker Pelosi and Senator Schumer said in a joint statement after Trump’s tweet. Additionally, on Thursday, September 24th, a group of House Democrats began circulating a new letter calling on Speaker Pelosi and Majority Leader Steny Hoyer to hold a vote on a bipartisan coronavirus relief package before Election Day. The letter, led by Problem Solvers Caucus (PSC) Co-Chair Josh Gottheimer (D-NJ) and freshman Representatives Abigail Spanberger (D-VA) and Dean Phillips (D-MN) states “Passing a bipartisan COVID-19 relief package should be our number one priority in the coming days. It is our request that you continue to negotiate towards a bipartisan deal, and we stand ready to work with you to ensure that Americans can receive the urgent relief they need as quickly as possible.” The letter called for “much needed relief in the areas of: COVID-19 testing, state and local aid, unemployment insurance, direct stimulus payments, support for small businesses and non-profits, food security, broadband, funding for schools and child care, housing, and agriculture support” Interior Secretary Will Lead Bureau of Land Management The Department of the Interior will not name a new acting director to lead the Bureau of Land Management (BLM) after it’s leader was ousted by a federal judge. Instead the job will be left to Interior Secretary David Bernhardt. A Montana-based U.S. district judge on Friday, September 25 ruled William Perry Pendley, the controversial acting director of BLM, "served unlawfully ... for 424 days" and enjoined him from continuing in the role. The decision was in response to a suit from Montana Gov. Steve Bullock (D), who argued Pendley, whose nomination to lead the BLM was pulled by the White House last month, was illegally serving in his role through a series of temporary orders. “I understand there may be some questions about the ruling on Friday regarding William Perry Pendley’s leadership role at the Bureau of Land Management,” Principal Deputy Assistant Secretary Land and Minerals Management Casey Hammond wrote in an email to BLM staff. “Secretary Bernhardt leads the bureau and relies on the BLM’s management team to carry out the mission. Deputy Director for Programs and Policy, William Perry Pendley, will continue to serve in his leadership role.” Putting Bernhardt at the helm of the agency appears to comply with the court order, critics say the move centralizes power for the agency in the highest political circles after relocating more



than 200 Washington, D.C.,-based positions to Grand Junction, Colorado in order to bring employees closer to the lands they manage. The move leaves just 61 BLM employees in Washington, D.C. Close observers of the BLM have complained the Trump administration has changed an organization that largely flew under the radar in previous administrations, responsible for balancing recreation and conservation on the nation’s nearly 250 million acres of public lands with energy development and grazing interests. “Mr. Pendley didn’t sign off on as many decisions as he could have, probably because he knew this day would come,” House Natural Resources Chairman Raúl Grijalva (D-AZ) said, whose committee oversees the BLM. “We’re still assessing the policy impacts of his tenure, but it’s already clear that no user of public lands should have put any faith in this administration or Mr. Pendley to provide them with any certainty about anything," he said. EPA Questions Legality of California’s Attempt to Phase Out Sales of Gas-Powered Cars The federal government is raising legal and practical questions about a recent California executive order attempting to end sales of gas-powered cars in the state by 2035. Environmental Protection Agency (EPA) Administrator Andrew Wheeler wrote to California Governor Gavin Newsom on Monday, saying he believes California would need to request a waiver from his agency for the order to be implemented and implying that the state’s electricity infrastructure is insufficient for a shift toward electric vehicles. “While the [executive order] seems to be mostly aspirational and on its own would accomplish very little, any attempt by the California Air Resources Board to implement sections of it may require California to request a waiver to U.S. EPA,” Administrator Wheeler wrote. In a brief filed in the D.C. Circuit on Wednesday, September 9, the Trump administration said that California’s rules limiting vehicle emissions won’t reduce climate change and do nothing more than “disrupt orderly functioning of the national program.” In November, eleven environmental groups launched a lawsuit in the U.S. Court of Appeals for the District of Columbia Circuit, challenging the Environmental Protection Agency’s September 2019 rescission of a waiver under the Clean Air Act that allows the Golden State to chart its own course on auto rules. The waiver announcement came as the National Highway Traffic Safety Administration issued a rule saying California’s standards were preempted by federal law because they are related to fuel-economy standards. State emissions standards requiring a greater fuel economy, such as greenhouse gas emissions standards, interfere with NHTSA’s ability to make determinations on a national level, the agency said in its respondent brief filed Wednesday in the U.S. Court of Appeals for the District of Columbia Circuit. Though California can seek waivers for emissions standards, it does not need



state-specific greenhouse gas vehicle emissions standards to meet “compelling and extraordinary conditions,” the NHTSA said in the brief. Ian Fein, an attorney at the Natural Resources Defense Council, which joined the lawsuit, disputed that assertion in a statement citing the ongoing wildfires in the state. “No sane person would look at the blood-red sky outside my home and doubt that we are facing ‘compelling and extraordinary’ air quality conditions as a result of greenhouse gas emissions,” Fein said. California, 22 other states, and electric carmakers and supporters have also sued over the waiver revocation. Many are also involved in separate litigation that targets the Transportation Department. GOP Lawmakers Seek to Cement Administration NEPA Rollback House Republicans are seeking to advance a bill that would legislatively cement many of the Administration’s controversial changes to a bedrock environmental law while adding additional provisions that would make it tougher to sue over major construction projects. The new Republican bill, the Builder Act, includes many identical or similar provisions, capping environmental reviews to one or two years and limiting what sorts of alternatives could be considered before proceeding with a highway or pipeline. Representative Garret Graves (R-LA), the sponsor of the legislation, said codifying Trump's NEPA regulation would stop the “pendulum swinging back and forth between administrations.” The bill follows the White House’s July rollback of the National Environmental Policy Act (NEPA), which for 50 years has required the government to weigh environmental and community concerns before approving pipelines, highways, drilling permits or any major action on federal lands. “I applaud the administration’s monumental steps to produce a new final NEPA rule that’s going to have some advantages, but it needs to be codified,” said Representative Rob Bishop (R-UT), ranking member of the House Natural Resources Committee. “Congress got it wrong when they wrote it and has refused to change it, and now's the time for Congress to get it right,” he added. The Administration’s NEPA rollback is considered sweeping in its own right. The rewrite removes requirements to consider climate change before proceeding on a project, and protocols for weighing concerns from nearby communities — often communities of color — would become far more complex. It also opens the door for more industry involvement in reviewing the environmental effects of projects or nixing reviews entirely for some projects that receive little federal funding. President Trump has repeatedly called NEPA the “single biggest obstacle” to major construction projects. The Administration’s new NEPA regulation has been widely criticized by environmental groups because of the barriers it put in place for those seeking to comment as major infrastructure projects are proposed. Those comments will now have to be more technical in nature, something



that could require the often poor, often majority-minority communities where many projects are built to hire lawyers or environmental scientists. Representative Graves said he believed his measure limiting suits would still encourage people to participate at the least burdensome stage of the process. “This actually requires participation in the process. This is a really important fix because you oftentimes can actually resolve issues through the NEPA process. There's much flexibility in looking at mitigation or looking at alternatives, and so what that does is it prevents, in many cases, items from ever even going before the courts,” he said, something that will prevent additional delays and expenses. The Republican bill has almost no chance of advancing in the Democratic-led House, where this week lawmakers are instead expected to advance legislation that would boost research and development funding for most types of energy, and will be focused on potential covid relief legislation. Lawmakers Dismiss Talk of Expanding Supreme Court, Nixing Filibuster Senate Democrats are tamping down talk of expanding the Supreme Court if Republicans fill the seat held by the late Justice Ruth Bader Ginsburg. Following Justice Ginsburg’s death on Friday, September 18th, and discussion among Senate Republicans of filling the vacancy prior to the election, progressive activists and some lawmakers have raised the idea of expanding the court, arguing the party needs to be ready to take bold steps if they have the Senate majority and the White House next year while facing a 6-3 conservative court. The effort would tie together two controversial ideas: nixing the 60-vote legislative filibuster and then passing legislation to add seats to the Supreme Court, which has been set at nine justices since 1869. But several Democratic senators, including senior members of the caucus, are shooting down the idea altogether or warning that debating it now is a distraction from the fight over Ginsburg’s seat. Senator Dianne Feinstein (D-CA), current Ranking Member of the Senate Judiciary Committee who would likely chair the Committee if Democrats win back the majority, is against nixing the legislative filibuster, which would be a necessary first step to adding seats to the court. “Well, I don’t believe in doing that, I think. I think the filibuster serves a purpose. ... I think it’s part of the Senate that differentiates itself,” Senator Feinstein stated. What to do about the legislative filibuster has been a point of rolling debate for Senate Democrats as they’ve seen increasing odds that they will win the majority in November. But the debate was turbocharged by Justice Ginsburg’s death and Senate Majority Leader Mitch McConnell’s near-immediate vow that Republicans would hold a vote on the Senate floor this year on whomever President Trump nominates, with supporters claiming that the high court should be expanded to balance out seats they believe were “stolen” by Republicans since 2016.

https://thehill.com/people/ruth-ginsburg



House Readies Bill to Legalize, Tax Marijuana The House could take up a measure this year to legalize and tax marijuana at the federal level, marking the first time one of the chambers has voted to decriminalize the drug according to a letter from Senate Majority Leader Steny Hoyer. While 11 states and Washington, D.C., allow recreational use, and many more states make allowances for medicinal purposes, it is still a federally outlawed substance. Lawmakers have floated various measures to aid cannabis companies, and to resolve the conflict between state laws and the federal ban. H.R. 3884, the Marijuana Opportunity Reinvestment and Expungement Act of 2019 or MORE Act of 2019, sponsored by House Judiciary Chairman Jerry Nadler (D-NY), would remove marijuana from federal drug schedules under the Controlled Substances Act and expunge convictions for marijuana offenses. It also would impose a 5% federal excise tax on the sale price of cannabis products and use the revenue to support people arrested for drug offenses, including past offenders who want to participate in the cannabis. The bill would also change any references to “marijuana” or “marihuana” in federal statutes to “cannabis.” The bill would require the Small Business Administration (SBA) to carry out a Cannabis Opportunity Program that would provide loans to cannabis businesses owned by socially and economically disadvantaged people. The measure also would amend several SBA programs to ensure that state-approved cannabis businesses and service providers qualify for small business aid. The provision would cover small business development centers, women’s business centers, the SCORE program, veterans business outreach centers, 7(a) loans, disaster loans, microloans, and state and local development company loans. The legislation faces long odds in the GOP-led Senate where similar legislation, S. 2227 has been introduced by Senator Kamala Harris (D-CA). “I am fervently committed to getting this done,” Senate Minority Leader Chuck Schumer (D-NY) said about the legalization, but said he needs a Democratic Senate to make it happen. Earlier this month, the House Energy and Commerce Committee advanced a separate measure that would reduce barriers for marijuana research. House Democrats have also passed legislation to expand pot companies’ access to the banking system. While the House had hoped to consider the legislation during the week of September 21st, disagreements within the Democratic Caucus have temporarily delayed the legislation from coming to the floor, though Majority Leader Steny Hoyer has promised the bill’s sponsors that he will bring the legislation to the floor before the end of the year.



Senate Legislation to Provide Disaster Tax Relief for Individuals, Businesses A bipartisan group of senators on Wednesday, September 16th, offered legislation to provide tax relief to individuals and businesses affected by natural disasters, such as August's derecho in the Midwest, the wildfires in western states, and Hurricanes Laura and Isaias. The bill was introduced by Senators Joni Ernst (R-IA), Chuck Grassley (R-IA), Dianne Feinstein (D-CA), Bill Cassidy (R-LA), and John Kennedy (R-LA) — all of whom represent states impacted by disasters in recent months. The bill includes several tax provisions that would apply to individuals and businesses in regions that are designated as presidentially declared disaster areas from July 1 through 60 days after the bill's enactment. It includes provisions to remove penalties on early withdrawal from retirement accounts, suspend limits on deductions for certain charitable contributions and provide an employee retention tax credit. It would also allow low-income individuals to use their previous year's income when claiming certain tax credits, so that they don't receive smaller credits for 2020 if their incomes declined as a result of the disaster. Congress has enacted similar disaster tax relief provisions in the past. An omnibus spending package enacted in December included provisions to provide tax relief for individuals and businesses affected by disasters that occurred in 2018 and 2019. Senator Grassley encouraged Congress to pass the bill before the 2021 tax filing season begins “so that families, farmers and businesses have enough time to use this relief for a swift recovery.” Senators Reach Agreement on Stalled Energy Bill On Thursday, September 10, Senate Environment and Public Works Chairman John Barrasso (R-WY), Ranking Member Tom Carper (D-DE), and Senator John Kennedy (R-LA) agreed to change an amendment offered last winter to S. 2657, the American Energy Innovation Act (AEIA). The bipartisan amendment would authorize a 15-year phasedown of hydrofluorocarbons (HFCs), greenhouse gases found in refrigeration and air conditioning. “With this agreement, we now have a clear path in Congress to enact and implement a nationwide phasedown of hydrofluorocarbons,” Carper said of the amendment. The energy package, offered by Senators Lisa Murkowski (R-AK) and Joe Manchin (D-WV), was temporarily sidelined earlier this year over a dispute on HFCs language related to state authority. The agreement could mean a revival of the energy package in September or before the end of the year, a priority for Murkowski during her last term as head of the Energy and Natural Resources Committee who touted the AEIA at the time of its introduction as the best chance to modernize the country’s energy policies.



Prior to the compromise, Barrasso, the White House, and other critics opposed the measure because it did not include language that would have preempted states from setting their own stricter HFC standards. They argued that this would have created uncertainty for manufacturers. The new amendment would prevent state and local government from regulating HFCs for at least five years, though this could be extended to 10 years if there are not sufficient substitute chemicals for an HFC use. The revised language would require EPA to put in place an 85% phasedown of HFC production and consumption, so they reach roughly 15% of their 2011-2013 average annual levels by 2036. It would protect “essential uses” of HFCs, in equipment and sprays that have no substitute chemicals at the moment. House Holds Hearing on Financial Aid for States and Territories During Pandemic Earlier in the month, the House Committee on Financial Services held a virtual hearing titled “The Need for Financial Aid to America’s States and Territories During the Pandemic: Supporting First Responders, Assisting Schools in Their Efforts to Safely Educate, and Preventing Mass Layoffs”. The hearing, which lasted almost four and a half hours, came as the debate over additional fiscal aid for state and local governments remains one of the biggest hurdles between Republican and Democrats as they seek to pass new COVID relief legislation. Throughout the various attempts at COVID relief legislation, there have been varying numbers set forth by the White House and lawmakers. The most recent updated HEROS Act provides $436 billion in emergency aid for state and local governments, although it is unclear if this bill is something that Senate Republicans would consider. During Chairwoman Maxine Waters’ (D-CA) opening statements, she stated that states and territories need additional financial support for first responders and schools. She criticized COVID relief legislation being considered in the Senate as not having funding for states and territories and denounced the White House response and President Trump’s threat to cut off funding to state governments. During the hearing, four Democratic governors called for continued fiscal aid for small businesses and assistance to homeowners and renters, and increased support for PPE for schools and essential workers. Minnesota Governor Tim Waltz stated he is incredibly thankful to Congress for the passage of the CARES Act but asked Congress to continue to keep states in mind throughout negotiations. Other topics that were prevalent among witnesses and members during the question and answer portion of the hearing included specifics about the financial strain states have been burdened with due to the pandemic, and the need for additional aid to combat unemployment. Democrats stated that funding for state and local governments is critical as they are the main actors on the front lines of the pandemic and expressed the disproportionate impact of the pandemic on rural and minority communities.



Despite calls for additional funding from the governors and Democratic members of the committee, Douglas Holtz-Eakin, President of the American Action Forum and the Republican witness, testified that he doesn’t believe Congress should be looking to past recessions as to how to address this one – a statement that many Republican members echoed during their time for questions. Republican members also argued that there is a lack of data and analysis for need by states in relation to coronavirus expenses and getting the population back to work, and that getting people back to work is best way to economic recovery.

Staff Report Date: October 27, 2020

To: Board of Directors From: John Bosler, General Manager/CEO Agenda Title: PARS Quarterly Investment Report – September 30, 2020

Purpose The District’s Administrative Policy No. 1.6, PARS Investment requires that the Chief Financial Officer provide a quarterly report of investments to the Board of Directors. This report demonstrates the commitment to provide timely and transparent financial reporting. Background/Analysis The total portfolio market value as of September 30, 2020 is $7,171,587. This portfolio consists of cash and cash equivalents of $168,865, and mutual fund holdings of $7,002,722. The total market value of the portfolio holdings increased by $341,339 during the quarter ended September 30, 2020. The Policy establishes asset allocations in order to achieve the greatest likelihood of meeting the plan’s investment objectives and the best balance between risk and return. The following table outlines the District’s holdings and the established target asset allocations:

Asset Classes

Asset Allocation Range

Asset Allocation Target

Actual Allocation 9/30/2020

Cash Equivalent 0 – 20% 2% 2.35%

Domestic Equity 23 – 43% 33% 35.40%

International Equity 7 – 27% 17% 15.55%

REITs 0 – 15% 0% 0.00%

Fixed Income 30 – 70% 48% 46.70%

The asset holdings of the portfolio have been adjusted to increase the allocation to equity assets and reduce the allocation to fixed income asset class compared to the asset holdings at the end of the previous quarter. In the section titled “Reconciliation of Total Market Value Return”, the annualized total return for the three months ended September 30, 2020 is 20.4%. This section shows a calculation of the portfolios annualized total return since the beginning of the fiscal year which is very different from the portfolio’s yield. The yield includes only dividends, while the annualized total return includes dividends and changes in market value. This total return is a reflection of a market value gain during the months of July through September. The annualized total return figure is expected to be volatile; however, it is a way of quantifying the portfolio’s recent overall performance.

October 27, 2020 PARS Quarterly Investment Report – September 30, 2020 Page 2

Alignment with Strategic Goals Providing a quarterly PARS Investment Report supports the District’s values of Accountability and Communication by providing financial transparency of the performance and amount of the investments held. Fiscal Impact None Recommendation Staff recommends the Board of Directors approve the PARS Quarterly Investment Report as presented. Attachment: PARS Quarterly Investment Report, September 30, 2020 Submitted by: Chad Brantley, Director of Finance and Technology Services Prepared By: Agnes Boros, Finance Manager

SUMMARY OF ASSETSBook Market Percent of Target Current

Value Value Portfolio Allocation Yield

(historical cost) (market value)

Money Market Account 168,865$ 168,865$ 2.35% 2.00% 0.04%

Equity Mutual Funds REIT - - 0.00% 0.00% 0.00%

Equity Mutual Funds International 948,390 1,115,110 15.55% 17.00% 1.80%

Equity Mutual Funds Domestic 1,718,768 2,538,716 35.40% 33.00% 1.64%

Fixed Income Mutual Funds 3,240,681 3,348,896 46.70% 48.00% 3.14%

Total Cash and Investments 6,076,704$ 7,171,587$ 100.00% 100.00%

Portfolio Effective Yield 2.33%

Portfolio Target Rate of Return 5.00%

RECONCILIATION OF TOTAL MARKET VALUE RETURNMarket Market Adjustment for Adjusted Change Annualized

Value Value Fees, Distributions In Portfolio Total

6/30/2020 9/30/2020 and Contributions Value Return

Total Portfolio 6,830,248$ 7,171,587$ 24,464$ 365,803$ 20.4%

CURRENT QUARTER INVESTMENT INCOME

Interest Dividends

Income

July 7$ 8,238$

August 6 8,227

September 6 20,275

Total Interest Earned 19$ 36,740$

Portfolio Allocation

(Market Value)

Month

For the Quarter Ended September 30, 2020

CUCAMONGA VALLEY WATER DISTRICTQuarterly PARS Investment Report

Investments

Fiscal Year 2021

Three months ending 9/30/2020

Money Market

REIT

International

Domestic

Fixed Income

STAFF REPORT Date: October 27, 2020

To: Board of Directors

From: John Bosler, General Manager/CEO

Agenda Title: Award of Contract for the Construction of Replace Existing

Siphon at Sapphire Street and Banyan Street

Purpose

Staff is seeking approval for an Award of Contract to Norstar Plumbing & Engineering, Inc.

for the construction of a new 12-inch sewer main at Sapphire Street and Banyan Street Project

(“Project”).

Background/Analysis

Cucamonga Valley Water District (“CVWD”) currently has eleven (11) sewer siphons within

its jurisdiction. Siphons require extensive maintenance and have added risk for overflow.

The District has identified several siphons that can be reasonably replaced with a gravity

system. These siphon replacements will provide greater reliability and lower maintenance

costs. The sewer siphon located on Sapphire Street and Banyan Street is a double barrel 8-

inch cast iron pipe built in 1976 and is also nearing the end of its service life. This project will

construct approximately 380 linear feet of 12-inch gravity sewer main to eliminate the existing

sewer siphon. The Project will capture the downstream low point of the siphon and “chase”

to the next available manhole invert that achieves a gradual gravity flow.

This project was programmed as a multi-year project with design in Fiscal Year (FY) 2020,

permitting FY 2021, and construction in FY 2022. From experience, staff has allowed at least

a year for permitting with County of San Bernardino when working in and around flood

control channels. However, earlier this calendar year during plan check the County confirmed

CVWD’s scope of work is just outside their purview and a construction permit is not

necessary. Therefore CVWD is clear to proceed with construction.

An $800,000.00 budget for the construction of this project is scheduled in FY 2022 (beginning

July 1, 2021) and was approved by the Board of Directors in June 2020 as part of CVWD’s

FY 2021 & FY 2022 two-year CIP Budget. This project is funded from the sewer capital

reserve fund and is fully funded to deliver this and all projects earmarked from this fund for

this two-year budget cycle.

Since this design and permitting is complete and funding is available, staff would like to move

forward with the construction of the project this fiscal year. Staff issued an Invitation to Bid

for the project on August 19, 2020. On September 15, 2020, the District received three (3)

October 27, 2020

AOC – Replace Existing Siphon at Sapphire St. & Banyan St.

Page 2

bids and Norstar Plumbing & Engineering, Inc. (“Norstar”) was the lowest responsive and

responsible bidder with a price of $589,013.00.

This item was presented to the Engineering Committee on October 6, 2020.

Alignment with Strategic Goals

This siphon replacement project will provide greater reliability, lower maintenance costs, and

lower risk of sanitary sewer overflows.

Fiscal Impact

Funding for this project is included as part of the Capital Improvement Project Budget for

Fiscal Year 2021 and Fiscal Year 2022, which was approved on June 23, 2020. The budgeted

amount for this project is $800,000.00.

Recommendation

It is recommended that the Board of Directors approve the Award of Contract for the

construction of a new 12-inch sewer main at Sapphire Street and Banyan Street to Norstar

Plumbing & Engineering, Inc. in the amount of $589,013.00.

Attachments:

Attachment I: Bid Results

Attachment II: Location Map

Submitted By: Eduardo Espinoza, P.E., Director of Engineering Services

Prepared By: Tuan Truong, P.E., Engineering Manager

CUCAMONGA VALLEY WATER DISTRICT P.O. BOX 638 RANCHO CUCAMONGA, CA 91729

September 15, 2020

2:00 p.m.

CP20040

BID RESULTS

REPLACE EXISTING SIPHON AT SAPPHIRE ST AND BANYAN ST

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Contractor Total Amount

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Norstar Plumbing & Engineering, Inc. $ 589,013.00

C.P. Construction Co., Inc. $ 696,820.00

Gwinco Construction & Engineering, Inc. $ 773,947.00

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ENGINEERING COMMITTEE NOTES October 6, 2020

Page 1

Attendees: Committee members: Randall Reed (Chair) and Kevin Kenley

Staff members:

John Bosler, Eduardo Espinoza, Rob Hills, Chad Brantley,

Praseetha Krishnan, Tuan Truong, Gidti Ludesirishoti, Taya

Victorino

Members of the Public:

None.

Call to Order:

5:03 p.m.

Public Comment: None.

Additions/Deletions to Agenda: None.

Introductory Remarks by Chair Reed

Chair Reed announced for the record that this meeting was conducted by teleconference pursuant to the Brown

Act waivers provided for under the Governor’s executive Orders in response to the COVID-19 State of

Emergency. Further, the agenda stated that there was no public location for attending this meeting in person. The

agenda stated that the public may listen and provide comment telephonically by calling the number listed on the

agenda. Chair Reed took a roll call of Committee members and staff present on the call as listed above.

1. Award of Contract for Siphon Replacement at Sapphire Street and Banyan Street

Staff presented an Award of Contract to Norstar Engineering & Plumbing, Inc. for the construction of

a new 12-inch sewer main at Sapphire Street and Banyan Street. This project was programed as a

multi-year project with design in Fiscal Year (FY) 2020, permitting in FY 2021, and construction in FY

2022. Earlier this calendar year during plan check, the County confirmed the District’s scope of work

is outside their purview and a construction permit is not necessary.

An $800,000 budget for the construction of this project is scheduled in FY 2022. This project is funded

from the sewer capital reserve fund and is fully funded to deliver this and all projects earmarked from

this fund for this two-year budget cycle.

On September 15, 2020, the District received three (3) bids for the construction of the project and

Norstar Plumbing & Engineering, Inc. was the low bidder at the price of $589,013.

Because of this unique budget situation, staff will present this Project to Finance Committee for their

review and concurrence to forward to the Board of Directors for approval.

The committee concurred with staff’s recommendation to forward this item to the Finance

Committee for review of budget and to the Board of Directors for approval.

ENGINEERING COMMITTEE NOTES October 6, 2020

Page 2

2. Grant of Easement for Water Purposes on Strang Lane

Staff presented a Grant of Easement for water purposes for a new development project. The project

will build 26 new homes on a new road, Weaver Lane. The project will have a new water main that

will loop around the new road as depicted in the staff report.

The District owns and maintains water mains on Carnelian Street and Strang Lane. It is typical to

require two connections for a new system to ensure system reliability, redundancy and for planning

maintenance. The figure shows that the development is only adjacent to public right of way on

Carnelian Street and thus a secondary connection is only available through a private property. This

new easement extends an existing easement along the eastern edge of the parcel. The developer

provided the easement to the District at no cost.

The committee concurred with staff’s recommendation to forward this item to the full Board of

Directors for approval.

Meeting Adjourned at 5:20 p.m.

8,, water district

Documents