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HomeMy WebLinkAboutAgenda Packet - North Fork Water Company BOD - 05/21/2020BOARD OF DIRECTORS ANNUAL MEETING(Immediately after the conclusion of the May 21, 2020 Annual Meeting of the Shareholders) May 21, 2020 - 2:00 PM In an effort to prevent the spread of COVID-19 and in accordance with Governor Newsom's Executive Order N-25-20 and N-29-20, this meeting is being conducted via teleconference. There will be no public location for attending this meeting in person. Members of the public and Shareholders may listen and provide public comment telephonically. Anyone wishing to join the meeting may do so using the following information: DIAL: 1-510-338-9438 and enter ACCESS CODE: 626 904 082## You may also join via webex.com: MEETING# 626 904 082 and PASSWORD: NF2020 AGENDA CALL TO ORDER ROLL CALL OF BOARD ME MBERS APPROVAL OF AGENDA DISCUSSION AND POSSIBLE AC TION I TE MS: 1. Amendment of Articles of Incorporation and By-Laws to Reduce the Number of Directors from Seven to Five 2. Board Re-Organization a) Election of Officers: -President -Vice President -Secretary -Chief Financial Officer -General Manager 3. Approve Minutes of April 2, 2019 Board of Directors Organizational Meeting 4. Report Regarding Status of East Valley Water District Acquisition of Shares 5. Proposed FY 2020-21 Water Deliveries and Operational Update 6. Financial Statements for FY 2019-20 7. Budget and Assessments for FY 2020-21 DIRECTORS' COMMENTS Link PUBLIC COMMENTS Pursuant to Government Code Section 54954.2(a), any request for a disability-related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above-agendized public meeting should be directed to the North Fork Board Secretary (909)885-4900 at least 72 hours prior to said meeting. ADJOURN STAFF REPORT Agenda Item #1. Meeting Date: May 21, 2020 Discussion Item To: North Fork Water Company Meeting From: Legal Counsel Subject: Amendment of Articles of Incorporation and By-Laws to Reduce the Number of Directors from Seven to Five RECOMMENDATION: The five East Valley Water District (EVWD) Directors are nominees to the North Fork Board. The remaining two Board seats were held by North Fork Shareholders who sold all of their shares to EVWD and subsequently resigned from the North Fork Board. It is proposed that the number of Directors be reduced from seven to five. This change requires amending both the Articles of Incorporation and By-Laws. Attached are proposed resolutions for approval by the Shareholders and the Board to reduce the number of Directors from seven to five. BACKGROUND / ANALYSIS: The Articles of Incorporation (Fifth Article) and By-Laws (Section 3.01) call for a seven member Board of Directors. Amendments are needed to both the North Fork Articles and By-laws in order to reduce the number of Directors from seven to five. DISCUSSION: The Articles may be amended by approval of the shareholders representing a majority of the outstanding shares and by a majority of the Board of Directors. (Corporations Code section 902; By-Laws section 2.09.) The By-Laws may be amended by approval of the shareholders representing a majority of the outstanding shares. (Corporations Code section 211; By-Laws, sections 1.03, 2.09.) No Board of Directors approval is required to amend the By-Laws. FISCAL IMPACT There is no fiscal impact associated with this agenda item. ATTACHMENTS: Description Type Resolution Resolution Letter RESOLUTIONS OF THE BOARD OF DIRECTORS OF NORTH FORK WATER COMPANY REGARDING THE APPROVAL OF AN AMENDMENT TO THE ARTICLES OF INCORPORATION WHEREAS, it is deemed to be in the best interests of the Corporation to further amend the Third Amended Articles of Incorporation, which were originally filed on November 27, 1931, to decrease the number of its directors from seven (7) to five (5); NOW, THEREFORE, BE IT RESOLVED, that Article Fifth of the Third Amended Articles of Incorporation of the Corporation is amended to read in full as follows: FIFTH: That the number of its directors shall be five. RESOLVED FURTHER, that the foregoing amendment has been approved by the shareholders, and the that the officers of the Corporation are, and each acting alone is hereby authorized and directed to execute the Certificate of Amendment of the Third Amended Articles of Incorporation of the Corporation and to file such Certificate of Amendment with the California Secretary of State. NF Minutes 4/2/2019 smg Draft Pending Approval NORTH FORK WATER COMPANY 31111 GREENSPOT RD. HIGHLAND, CA 92346 BOARD OF DIRECTORS ORGANIZATIONAL MEETING April 2, 2019 MINUTES President Carrillo called the Annual Board of Directors meeting to order at 2:08 p.m. PRESENT: Ron Coats Chris Carrillo Charles Kiel James Morales Jr. Phillip Goodrich David Smith Ron Arnott ABSENT: None EVWD Staff: John Mura Brian Tompkins Justine Hendricksen Jeff Noelte Shayla Gerber Patrick Milroy Allen Williams Kathy Burke Brenda VanMeter Ed King Martha Duran Nate Paredes LEGAL COUNSEL: Michele Staples STOCKHOLDERS: Ron Arnott Michael Raley Fred McNeal Kenneth Meddock (Representing First American Title) GUEST(S): Members of the public NF Minutes 4/2/2019 smg APPROVAL OF AGENDA M/S/C (Coats-Kiel) that the April 2, 2019 agenda be approved as submitted. PUBLIC COMMENTS President Carrillo declared the public participation of the meeting open at 2:09 p.m. There being no written or verbal comments the public participation section was closed. BOARD RE-ORGANIZATION ELECTION OF OFFICERS Director Coats moved that the current slate of officers retain their positions: M/S/C (Coats-Arnott) that Chris Carrillo be appointed Board President. M/S/C (Coats-Arnott) that David E. Smith be appointed Vice President. M/S/C (Coats-Arnott) that Justine Hendricksen be appointed Secretary. M/S/C (Coats-Arnott) that Brian Tompkins be appointed Treasurer. M/S/C (Coats-Arnott) that John Mura be appointed General Manager. APPROVAL OF BOARD OF DIRECTORS ANNUAL MEETING MINUTES FOR APRIL 3, 2018 M/S/C (Coats-Smith) that the April 3, 2018 Board of Directors annual meeting minutes be approved as submitted. REPORT REGARDING STATUS OF SHARES Legal Counsel provided a report regarding the status of East Valley Water District acquisition of additional North Fork Water Company shares. She stated that as of the date of this meeting, East Valley Water District has acquired and over 90% of the North Fork Water Company. Legal Counsel provided information regarding 44 forfeited shares of the North Fork Water Company. She stated that staff determined 44 shares were forfeited in the 1990’s for non-payment of assessments; notes reflect the shares were offered for sale to the highest bidder; and there is no record of there being any bidders. She stated that the shares should have been canceled under California Corporation law and are now hereby considered canceled, reducing the number of shares on the books by 44. NF Minutes 4/2/2019 smg Legal Counsel responded to a question regarding the identity of the forfeited shares. She stated that there is no name listed but provided the available information of the two shares forfeited for non-payment: #1325 for 34 shares, forfeited February 1991; and #1364 for 10 shares forfeited July 1998. REPORT REGARDING UPDATED VALUATION OF THE NORTH FORK WATER COMPANY SHARES PREPARED BY BRIAN J. BRADY & ASSOCIATES Legal Counsel stated that periodically valuations change, and Dr. Brady was requested to provide and updated valuation. She stated that the valuation of the North Fork Water Company reflected a net increase of $30,000 making the value of each share $550, which represents an increase of $4 per share. She stated that the updated valuation is valid for six months from January 31, 2019. Public comment was received regarding who requested the valuation of shares. The General Manager stated that East Valley Water District asked and paid for the valuation of shares. M/S/C (Coats-Goodrich) that the Board accept the updated Appraisal Report as submitted and to approve the North Fork Water Company valuation of $4,554,000 and the per-share stock valuation of $550 per share. FINANCIAL STATEMENTS FOR FY 2018-19 Mr. Brian Tompkins reviewed the Financial Report, executive summary and operating budget with the Board. He stated that there were no findings in the independent accountant’s review. M/S/C (Morales-Coats) that the Board accept and file the Financial Report as submitted. PROPOSED FY 2019-20 WATER DELIVERIES AND OPERATIONAL UPDATE The Chief Financial Officer provided an update on water deliveries and operations to the Board. He reviewed maintenance activities that had been performed on the North Fork Canal and Plunge Creek intake. He discussed increases to the Capital Improvement Program and stated that there is enough in capital replacement reserves to cover the costs and no need to collect capital improvement assessments. M/S/C (Morales-Goodrich) that the Board accept the FY 2019-20 Water Deliveries and Operational Update as submitted. BUDGET AND ASSESSMENTS FOR 2019-20 NF Minutes 4/2/2019 smg The Chief Financial Officer reviewed the proposed operating budget and the proposed fiscal year 2019-20 assessments. He stated that there was a reduction in operating labor which reduced the annual budget. He stated that staff is proposing the 2019-20 Operating Budget be funded through assessments, at $16 per share, and operating reserves. M/S/C (Goodrich-Morales) that the Board approve the proposed 2019-20 operating budget and $16 assessment per share. GENERAL MANAGER COMMENTS The General Manager welcomed Director Arnott back to the Board. He thanked the Wright Family for their contributions to the agricultural community and North Fork Water Company. DIRECTORS’ COMMENTS Director Morales thanked everyone for attending the meeting. Chairman Carrillo thanked shareholders for attending the meeting. ADJOURN The meeting was adjourned at 2:31 p.m. ________________________ Chris Carrillo, President ____________________________ Justine Hendricksen, Secretary STAFF REPORT Agenda Item #5. Meeting Date: May 21, 2020 Discussion Item To: North Fork Water Company Meeting From: General Manager/CEO Subject: Proposed FY 2020-21 Water Deliveries and Operational Update RECOMMENDATION: Review the river flow trends to date and the proposed FY 2020-21 water deliveries. Staff recommends approval of the Proposed FY 2020-21. Delivery Schedule that will continue providing water deliveries during non- contract months at levels that reflect Santa Ana River flows. BACKGROUND / ANALYSIS: The 1885 contract terms established specific water delivery obligations to the North Fork Water Company (Company) shareholders during contract and non-contract periods. The contract months of June through November are assigned specific delivery obligations and non-contract months receive 25% of the river flow. During FY 2019-20 monthly water deliveries during non-contract months were estimated for upcoming months based on previous San Bernardino Valley Water Conservation District flow reports. DISCUSSION In January Shareholders received 2.1 Miner’s Inch (MI) per share, February, 1.9 MI, and March, 1.7 MI. April, 1.7 MI and May, 1.9 MI. Delivery amounts for June through November will be at the contracted amounts, per the North Fork contract agreement. The flow amounts reported for this year indicate that the Santa Ana River is flowing above average due to the recent rains. In the event of a significant rain fall of more than one half inch, deliveries will automatically be halted. When water quality is compromised, water is not taken down the ditch to protect the ditch from large quantities of sedimentation. If a customer would like to continue their scheduled delivery following a rain fall, customers may contact East Valley Water District Operations Division to resume their regularly scheduled delivery. In addition, deliveries may be halted due to circumstances beyond the Company’s control because of San Bernardino County Flood Control, Southern California Edison, or another outside event. Staff will be sure to maintain communication with shareholders that may be impacted by unexpected delivery disruptions. Recommended by: John Mura General Manager/CEO Respectfully submitted: Patrick Milroy Operations Manager The chart below shows the proposed month by month water delivery schedule: REVIEW BY OTHERS: This agenda item has been reviewed by the Administration, Finance, and Operations departments. FISCAL IMPACT There is no fiscal impact associated with this agenda item. ATTACH M E N TS: Description Type P resentation P resentation WATER DELIVERIES & OPERATIONAL UPDATE May 21, 2020 WATER DELIVERIES MONTH ALLOTMENT (MINER’S INCHES PER DAY) ALLOTMENT PER SHARE (MINER’S INCHES) January -May 25% of Santa Ana River Flow June 500 2.0 July 600 2.5 August 600 2.5 September 550 2.5 October 450 2.3 November 400 1.9 December 25% of Santa Ana River Flow 2020-21 PROJECTED WATER DELIVERIES MONTH ALLOTMENT (MINER’S INCHES PER DAY) ALLOTMENT PER SHARE (MINER’S INCHES) January (Actual)500 2.1 February (Actual)470 1.9 March (Actual)400 1.7 April (Actual)425 1.7 May (Actual)450 1.9 June 500 2.0 July 600 2.5 August 600 2.5 September 550 2.3 October 450 1.9 November 400 1.6 December (Estimate)25%of River Flow 1.0 WEIR 40 PRIOR TO ABANDONMENT •Located on the South-Side of Highland Avenue, West of Boulder WEIR 40 OVERFLOWING •Result of Homeless Throwing Trash in North Fork Manholes WEIR 40 ABANDONMENT •No Longer Needed •Corrected Vandalism Which Caused Overflowing Issue CAPITAL IMPROVEMENT PROGRAM CAPITAL IMPROVEMENT PROJECT REVISED BUDGET EXPENDITURES BUDGET REMAINING Plunge Creek Crossing $ 50,000 $ 5,281 $ 44,719 Facility Abandonments 130,000 20,743 109,257 TOTAL $ 180,000 $ 26,024 $ 153,976 CAPITAL IMPROVEMENT PROJECT PROJECT BUDGET RECOMMENDED REVISIONS REVISED BUDGET Plunge Creek Crossing $ 130,000 $ (80,000) $ 50,000 Facility Abandonments 50,000 80,000 130,000 TOTAL $ 180,000 $ 0 $ 180,000 Recommended Revisions to the CIP Budget STAFF REPORT Agenda Item #6. Meeting Date: May 21, 2020 Discussion Item To: North Fork Water Company Meeting From: General Manager/CEO Subject: Financ ial Statements for FY 2019-20 RECOMMEND ATION: Staff recommends that the financ ial statements for FY 2019-20 be adopted and filed. BACKGROUND / ANALYSIS: Section 5.05(c) of the North Fork Water Company (Company) B-Laws require that the Treasurer render to the Board of Directors (Board) an accounting of the Company’s transactions and financial condition at regular meetings of the Board. In order to comply with this section of the By-Laws, annual financial statements are prepared by staff, reviewed by an independent accounting firm, and presented to the Board at each annual shareholders' meeting. DISCUSSION Attached are the Company’s financ ial statements as of, and for the twelve months ended, January 31, 2020. The statements are presented in comparative form, prior to current year, in order to identify s ignificant variances. Notab le items are: Statement of Financial Position Operating Cash decreased by 11% from $141,726 to $126,091 representing use of the Operating Reserve. Cash - Restricted for Capital Projects decreased by 11% from $180,878 to $160,135 due to cost incurred for the Weir Abandonment. Assessment receivables decreased from $15,309 to $9,191 because East Valley Water District acquired 427.14 shares and resolved any outstanding assessment balance due. Recommended by: John Mura General Manager/CEO Respectfully submitted: Brian Tompkins Treasurer Statement of Activities Weir Abandonments – Although these costs were budgeted and paid out of the Capital Reserve, the work did not result in acquisition of a new capital asset, therefore costs are being expense in the current year. Other Professional Services – this line item includes costs for the Company’s share of the cost to update the Exchange Plan Agreement conducted by the San Bernardino Valley Water Conservation District. The financial statements were reviewed by the accounting firm of CliftonLarsonAllen LLC (CLA), who had no findings as a result of their review procedures. REVIEW BY OTHERS: This agenda item has been reviewed by the Administration and Finance departments. FISCAL IMPACT There is no fiscal impact associated with this agenda item. ATTACHMENTS: Description Type Presentation Presentation North Fork Financial Statement FY 2019-20 Backup Material FINANCIAL STATEMENTS FY 2019-20 May 21, 2020 FINANCIAL STATEMENTS & REPORTS •Annual Financial Report •Review Company’s Financial Position and Results of Operations •Instrument of Financial Disclosure INDEPENDENT ACCOUNTANT’S REVIEW NO FINDINGS STATEMENT OF FINANCIAL POSITION Assets Cash $ 126,091 Cash –Restricted for Capital Projects 160,135 Fixed Assets / Water Rights 3,515,862 Less: Accumulated Depreciation (686,275) Construction In Progress 5,281 Other Assets 26,302 TOTAL ASSETS $ 3,147,396 Liabilities $ 10,357 Shareholder Equity 3,137,039 TOTAL LIABILITIES & EQUITY $ 3,147,396 STATEMENT OF ACTIVITIES BUDGET ACTUAL Operating Labor / Equipment -EVWD $ 17,000 $ 9,417 Contract Maintenance 11,000 7,150 Weir Abandonment Expense 0 20,743 Legal Services 50,000 55,051 Other Professional Services 4,700 10,431 Administration 14,200 10,220 Materials & Supplies 100 1,301 Insurance 3,500 3,674 Property, Franchise Taxes 32,500 31,865 Depreciation 0 55,837 Operating Expenses $ 133,000 $ 205,689 Shareholder Assessment -Operating 0 114,532 Change In Equity -Decrease $ 133,000 $ 91,157 HIGHLAND, CALI F O R NIA fo r years ending January 31, 2020 and January 31, 2019 FINANCIAL STATEMENTS North Fork Water Company A C ALI F O R NIA CORPO RATION Table of Contents Schedule Page Organization Data 1 Independent Accountants’ Review Report 2 - 3 Statements of Financial Position 4 Statements of Activities 5 Statements of Changes in Shareholders' Equity 6 Statements of Cash Flows 7 Notes to Financial Statements 8 – 11 Supplementary Information Schedule of Property, Plant and Equipment, and Accumulated Depreciation One 12 – 13 Schedule of Shareholders Two 14 Statement of Financial Position Comments Three 15 - 16 North Fork Water Company (A California Corporation) Organization Data January 31, 2020 and 2019 1 DATE AND STATE OF INCORPORATION 1885 - California DURATION OF CHARTER Perpetual Existence NATURE OF BUSINESS Water Company Located in Highland, California DATE OF EXEMPTION LETTER September 13, 1964 OFFICERS Chris Carrillo President David Smith Vice President Brian Tompkins Treasurer Justine Hendricksen Secretary DIRECTORS Charles Kiel Phillip Goodrich Ronald Coats Chris Carrillo James Morales, Jr. David Smith Ron Arnott MANAGER Under Agreement with East Valley Water District 2 3 2020 2019 Current Assets Cash 126,091$ 141,726$ Cash - Restricted for Capital Projects 160,135 180,878 Prepaid Expenses 17,111 16,578 Assessments Receivable 9,191 15,309 Total Current Assets 312,528 354,491 Property, Plant, and Equipment Improvements - Fencing 2,840 2,840 Pipelines and Valves 2,857,411 2,857,411 Construction In Progress 5,281 5,281 Less: Accumulated Depreciation (686,275) (630,438) Total Property, Plant, and Equipment 2,179,257 2,235,094 Other Assets Water Rights - January 31, 1952 655,611 655,611 Total Other Assets 655,611 655,611 Total Assets 3,147,396$ 3,245,196$ Current Liabilities Accounts Payable 10,357$ 17,000$ Total Current Liabilities 10,357 17,000 Shareholders' Equity Capital Stock Authorized 7,200 Shares - 7,156 Issued and Outstanding at $100 Stated Value 715,600 715,600 Additional Paid-In Capital 478,522 490,548 Contributed Capital 1,494,924 1,532,770 Retained Earnings 447,993 489,278 Total Shareholders' Equity 3,137,039 3,228,196 Total Liabilities and Shareholders' Equity 3,147,396$ 3,245,196$ See accompanying notes and Independent Accountants' Review Report. LIABILITIES AND SHAREHOLDERS' EQUITY North Fork Water Company (A California Corporation) Statements of Financial Position January 31, 2020 and 2019 ASSETS 4 2020 2019 Revenues Water Sales -$ -$ Expenses Repairs and Maintenance Labor and Equipment 9,417 14,616 Contracted 7,150 9,750 Weir Abandonments 20,743 - Administration 10,220 14,920 Accounting Fees 2,400 2,000 Other Professional Services 8,031 - Legal 55,051 38,441 Materials and Supplies 1,301 92 Property Taxes 31,065 30,270 Insurance 3,674 3,106 Depreciation 55,837 55,837 Total Expenses 204,889 169,032 Loss from Operations (204,889) (169,032) Other Income Interest - - Total Other Income - - Excess of Expenses over Revenues before Provision for Income Taxes (204,889) (169,032) Provision for Income Taxes State Income Taxes 800 800 Excess of Expenses over Revenues before Contributions (205,689) (169,832) Contributions Shareholder Assessments - Operating 114,532 143,120 Shareholder Assessments - Capital - - Change in Equity (91,157)$ (26,712)$ See accompanying notes and Independent Accountants' Review Report. North Fork Water Company (A California Corporation) Statements of Activities January 31, 2020 and 2019 5 Cumulative Common Stock Additional Excess of Total Issued and Paid-in Contributed Revenue Over Shareholders' Outstanding Capital Capital Expenses Equity Balance, January 31, 2019 715,600$ 490,548$ 1,532,770$ 489,278$ 3,228,196$ Shareholder Assessments 114,532 114,532 Excess of Expenses Over Revenues (205,689) (205,689) Allocate Depreciation (12,026) (37,846) 49,872 - Balance, January 31, 2020 715,600$ 478,522$ 1,494,924$ 447,993$ 3,137,039$ Cumulative Common Stock Additional Excess of Total Issued and Paid-in Contributed Revenue Over Shareholders' Outstanding Capital Capital Expenses Equity Balance, January 31, 2018 715,600$ 502,574$ 1,570,616$ 466,118$ 3,254,908$ Shareholder Assessments 143,120 143,120 Excess of Expenses Over Revenues (169,832) (169,832) Allocate Depreciation (12,026) (37,846) 49,872 - Balance, January 31, 2019 715,600$ 490,548$ 1,532,770$ 489,278$ 3,228,196$ See accompanying notes and Independent Accountants' Review Report. January 31, 2019 January 31, 2020 North Fork Water Company (A California Corporation) Statements of Changes in Shareholders' Equity January 31, 2020 and 2019 6 2020 2019 Cash Flows from Operating Activities Cash Paid for Services and Materials (156,228)$ (109,202)$ Income Taxes Paid (800) (800) Net Cash used by Operating Activities (157,028) (110,002) Cash Flows from Financing Activities Contributions from Shareholders to Pay Suppliers 120,650 129,875 Net Cash Provided by Financing Activities 120,650 129,875 Cash Flows from Investing Activities Acquisition and Construction of Assets - - Net Cash used for Investing Activities - - Net Increase (Decrease) in Cash (36,378) 19,873 Cash, Beginning of Year 322,604 302,731 Cash, End of Year 286,226$ 322,604$ Reconciliation of Excess of Expenses over Revenues to Net Cash Used By Operating Activities Excess of Revenue over (under) Expenses (205,689)$ (169,832)$ Adjustments: Depreciation 55,837 55,837 (Increase) Decrease in: Prepaid Expenses (533) (667) Increase (Decrease) in: Accounts Payable and Accrued Liabilities (6,643) 4,660 Net Cash used by Operating Activities (157,028)$ (110,002)$ See accompanying notes and Independent Accountants' Review Report. North Fork Water Company (A California Corporation) Statements of Cash Flows January 31, 2020 and 2019 7 North Fork Water Company (A California Corporation) Notes to Financial Statements January 31, 2020 and 2019 8 NOTE 1 - NATURE OF OPERATIONS AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Nature of Operations North Fork Water Company (the Company) is a mutual water company. The Company's primary purpose is to secure surface water from the Santa Ana River and other available sources for delivery to its shareholders in accordance with its delivery schedules and rules and regulations. Capitalization Policy The Company’s capitalization basis is cost if assets are purchased or constructed and acquisition value if assets are contributed. Depreciation of Plant and Equipment The carrying values of plant and equipment are depreciated over the estimated useful lives of the assets using the straight-line method. Provision for Income Taxes The Company is exempt from federal income taxes under Section 501(c)(12) of the Internal Revenue Code. Therefore, no provision for federal income taxes is reflected in the financial statements. State franchise tax is computed at the current corporate rate. For the fiscal years ended January 31, 2020 and 2019 state franchise taxes were $800. Use of Estimates The preparation of financial statements in conformity with United States generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, the actual results could differ from those estimates. North Fork Water Company (A California Corporation) Notes to Financial Statements January 31, 2020 and 2019 9 NOTE 1 - NATURE OF OPERATIONS AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES – continued Cash and Cash Equivalents For purposes of the statement of cash flows, the North Fork Water Company considers cash and cash equivalents as short term, highly liquid investments that are both readily convertible to known amounts of cash and so near their maturity that they present insignificant risk of changes in value because of changes in interest rates. Cash equivalents have an original maturity date of three months or less from the date of purchase. As of January 31, 2020, the Company had $36,226 deposited with financial institutions that were in excess of federal depository insurance limits. The federal deposit insurance limit is $250,000. NOTE 2 - RELATED PARTY TRANSACTIONS As of January 31, 2020, East Valley Water District owned 96% of the outstanding shares of the Company. The Company and East Valley Water District have certain officers and directors in common. The following related party transactions occurred for the years ending January 31, 2020 and January 31, 2019:  East Valley Water District paid the Company operating and capital assessments of $105,410.56 and $118,130  The Company paid East Valley Water District for labor and administration of $19,637 and $29,536 NOTE 3 – DEPARTURE FROM US GAAP As noted in Note 2, East Valley Water District owns 96% of the Company and may appoint (or approve) a controlling majority of the members of the Company’s governing board. Under the AICPA’s Audit and Accounting Guide for State and Local Governments, this characterizes the Company as a governmental entity and therefore subject to the financial reporting standards required by the Governmental Accounting Standards Board (GASB). The accompanying financial statements were prepared in accordance with the reporting requirements of the Financial Accounting Standards Board (FASB) which represents a known departure from US GAAP. North Fork Water Company (A California Corporation) Notes to Financial Statements January 31, 2020 and 2019 10 NOTE 4 - PROPERTY, PLANT, AND EQUIPMENT A summary of changes in property, plant and equipment follows: Balance Balance January 31, 2019 Additions Deletions January 31, 2020 Distribution System Pipelines 2,851,372$ -$ -$ 2,851,372$ Ditch Diversion Boxes 4,729 - - 4,729 Valves 1,310 - - 1,310 2,857,411 - - 2,857,411 Improvements Fencing – North Fork Intake 2,840 - - 2,840 Construction In Progress Pipeline Replacement 5,281 - - 5,281 Tota l 2,865,532$ -$ -$ 2,865,532$ Balance Balance January 31, 2018 Additions Deletions January 31, 2019 Distribution System Pipelines 2,851,372$ -$ -$ 2,851,372$ Ditch Diversion Boxes 4,729 - - 4,729 Valves 1,310 - - 1,310 2,857,411 - - 2,857,411 Improvements Fencing – North Fork Intake 2,840 - - 2,840 Construction In Progress Pipeline Replacement 5,281 - - 5,281 Tota l 2,865,532$ -$ -$ 2,865,532$ North Fork Water Company (A California Corporation) Notes to Financial Statements January 31, 2020 and 2019 11 NOTE 5 - ANNUAL SHAREHOLDER ASSESSMENTS Annual shareholder operating assessments were set at $16 per share for the year ended January 31, 2020. No capital assessments were levied during the year. NOTE 6 - SUBSEQUENT EVENTS In the preparation of these financial statements, the Company considered subsequent events through March 30, 2020, which is the date these financial statements were issued. THIS PAGE IS LEFT BLANK INTENTIONALLY SUPPLEMENTARY INFORMATION Schedule One Page 1 of 2 January 31, 2020 Date Beginning Ending Remaining Beginning Ending Acquired Balance Balance Life Years Balance Provision Balance Canal Replacements 1995 41,862$ 41,862$ 25 19,675$ 837$ 20,512$ Canals - 1/2 interest Various 67,610 67,610 67,610 - 67,610 Ditch Diversion Boxes 1985 4,729 4,729 16 3,182 95 3,277 Canals - 36" Pipeline 1995 8,958 8,958 24 4,386 179 4,565 Canal Replacement (La Tourette) 1997 37,511 37,511 27 16,499 750 17,249 Canal Replacement (Plunge Creek Syphon to Cram School)1999 68,937 68,937 29 27,587 1,380 28,967 Pipeline Replacement 90' of 26" Pipeline (behind Walmart)2002 9,941 9,941 31 3,582 199 3,781 Pipeline Replacement 16" Pipeline (Highland Avenue) 2004 3,010 3,010 33 960 60 1,020 Canal Replacement 36" Pipeline - SAR to Plunge Creek Sandbox)2009 2,493,592 2,493,592 39.5 473,784 49,872 523,656 Pipeline Replacement 50' of 30" DIP - Highland at VFW Hall 2011 26,205 26,205 41 4,192 524 4,716 Pipeline Replacement 220' of 24" - SAR Xing to Turnout 2014 34,333 34,333 44 3,435 687 4,122 6" Gate Valve (Wier 17)2014 1,310 1,310 14 330 66 396 Pipeline Replacement 80' of 30" - SAR Xing at 7 Oaks Dam 2017 59,413 59,413 47 2,376 1,188 3,564 2,857,411 2,857,411 627,598 55,837 683,435 Improvements: Security Fencing - NF Intake 2003 2,840 2,840 0 2,840 2,840 Totals 2,860,251$ 2,860,251$ 630,438$ 55,837$ 686,275$ Construction in Progress Various 5,281$ 5,281$ 0 - - - See accompanying notes and Independent Accountants' Review Report. Property, Plant and Equipment Accumulated Depreciation North Fork Water Company (A California Corporation) Schedule of Property, Plant and Equipment, and Accumulated Depreciation January 31, 2020 12 Schedule One Page 2 of 2 January 31, 2019 Property, Plant and Equipment Accumulated Depreciation Date Beginning Ending Remaining Beginning Ending Acquired Balance Balance Life Years Balance Provision Balance Canal Replacements 1995 41,862$ 41,862$ 26 18,838$ 837$ 19,675$ Canals - 1/2 interest Various 67,610 67,610 67,610 - 67,610 Ditch Diversion Boxes 1985 4,729 4,729 17 3,087 95 3,182 Canals - 36" Pipeline 1995 8,958 8,958 25 4,207 179 4,386 Canal Replacement (La Tourette) 1997 37,511 37,511 28 15,749 750 16,499 Canal Replacement (Plunge Creek Syphon to Cram School)1999 68,937 68,937 30 26,207 1,380 27,587 Pipeline Replacement 90' of 26" Pipeline (behind Walmart)2002 9,941 9,941 32 3,383 199 3,582 Pipeline Replacement 16" Pipeline (Highland Avenue) 2004 3,010 3,010 34 900 60 960 Canal Replacement 36" Pipeline - SAR to Plunge Creek Sandbox)2009 2,493,592 2,493,592 40.5 423,912 49,872 473,784 Pipeline Replacement 50' of 30" DIP - Highland at VFW Hall 2011 26,205 26,205 42 3,668 524 4,192 Pipeline Replacement 220' of 24" - SAR Xing to Turnout 2014 34,333 34,333 45 2,748 687 3,435 6" Gate Valve (Wier 17)2014 1,310 1,310 15 264 66 330 Pipeline Replacement 80' of 30" - SAR Xing at 7 Oaks Dam 2017 59,413 59,413 48 1,188 1,188 2,376 2,857,411 2,857,411 571,761 55,837 627,598 Improvements: Security Fencing - NF Intake 2003 2,840 2,840 0 2,840 2,840 Totals 2,860,251$ 2,860,251$ 574,601$ 55,837$ 630,438$ Construction in Progress Various 5,281$ 5,281$ 0 - - - See accompanying notes and Independent Accountants' Review Report. North Fork Water Company (A California Corporation) Schedule of Property, Plant and Equipment, and Accumulated Depreciation January 31, 2019 13 Schedule Two Number of Shareholder Certificate Number(s)Shares Linda Spitzer 1391 4.00 William Buster 1057 8.00 Brucie Cagle 1373 4.00 Calvary Chapel 1375 72.50 Richard Christianson 1148 3.00 East Valley Water District 6,872.83 Christina Moreno 1379 8.50 Nigel C. Smith 1378 3.00 Santiago Avina 1308 9.00 First American Title 1381 36.00 Fred McNeal 1156, 1246, 1248 43.20 McNeal, Duckworth McNeal, Inc.1360, 1406, 1413 40.80 Michelle Beresford 1402 5.00 Luis E. & Jacqueline R. Curiel 1382 3.50 Michael & Patricia Raley 1414 5.00 Yucaipa Valley W. D.1362 37.67 Total 7,156.00 See accompanying notes and Independent Accountants' Review Report. North Fork Water Company (A California Corporation) Schedule of Shareholders January 31, 2020 14 Schedule Three Page 1 of 2 See accompanying notes and Independent Accountants’ Review Report. 15 North Fork Water Company (A California Corporation) Statement of Financial Position Comments January 31, 2020 and 2019 CURRENT ASSETS Current assets consisted of the following: 2020 2019 Cash in Checking 286,226$ 322,604$ Prepaid Insurance 2,624 2,219 Prepaid Taxes 14,487 14,359 Assessments Receivable 9,191 15,309 Totals 312,528$ 354,491$ WATER RIGHTS There is an agreement dated May 23, 1885, between North Fork Water Company and Bear Valley Land and Water Company (now Bear Valley Mutual Water Company) that provides for delivery of water to North Fork Water Company as follows: Month Day Inches June 500 July 600 August 600 September 550 October 450 November 400 December through May ¼ Flow of Santa Ana River at a point known as "The Divide " The water deliveries in the period June through November may be reallocated between months, but no more than 600 day inches are to be delivered in any one month. Water rights, as summarized above, have been valued at $655,611, which is the difference between the par value of the capital stock outstanding and the value of the remaining assets at January 31, 1952. Schedule Three Page 2 of 2 See accompanying notes and Independent Accountants’ Review Report. 16 North Fork Water Company (A California Corporation) Statement of Financial Position Comments January 31, 2020 and 2019 PROPERTY, PLANT AND EQUIPMENT A summary of property, plant and equipment, and accumulated depreciation is shown in Schedule One. The value of the one-half interest in canals was the appraised value in 1940, with subsequent additions being valued at cost. The provision for depreciation amounted to $55,837 computed at established rates using the straight-line method. CURRENT LIABILITIES Current liabilities consisted of the following: 2020 2019 Accrued Liabilities Accounts Payable Labor and Burden 1,525$ 2,027$ Legal - January 1,884 8,998 Landscaping 650 650 EVWD Insurance Reimbursement 6,298 5,325 Total Accounts Payable 10,357$ 17,000$ STAFF REPORT Agenda Item #7. Meeting Date: May 21, 2020 Discussion Item To: North Fork Water Company Meeting From: General Manager/CEO Subject: Budget and Assessments for FY 2020-21 RECOMMENDATION: Review and adopt the proposed FY 2020-21 Budget. BACKGROUND / ANALYSIS: Each year at the North Fork Water Company (NFWC or Company) annual shareholders’ meeting, staff presents proposed operating and capital budgets that predict the cost of service delivery for the upcoming year, including repairs to components of the Company’s water distribution system. DISCUSSION Operating Budget The Operating Budget funds routine operations, repairs, and maintenance for the Company water delivery system. It also pays for administrative services such as record-keeping and legal services, to keep shareholders informed about meetings and finances. The Operating Budget proposed for fiscal year 2020-21 is shown below with prior year budget and actual numbers for comparison: Item 2019-20 Adopted 2019-20 Actual 2020-21 Proposed Operations Labor $ 11,000 $ 5,805 $ 7,000 Equipment Charges 6,000 3,612 4,000 Contracted Maintenance 11,000 7,150 10,000 Administrative Labor 14,200 10,220 12,000 Professional Services 4,700 4,875 4,700 Legal Services 50,000 55,051 26,000 Exchange Plan Agrmt Update 0 5,556 0 Materials & Supplies 100 1,301 100 Property / Franchise Taxes 32,500 31,865 32,500 General Insurance 3,500 3,674 3,700 TOTAL $ 133,000 $ 129,109 $ 100,000 The budget for Operating Labor and Equipment Charges has again been reduced, to a combined $11,000, as actual costs for 2019-20 were substantially lower than last year’s budget of $17,000. The primary reason for this is Field staff spent less time operating weirs as shareholders sold their shares to East Valley Water District and those that still desired water deliveries are now being served by the District’s pipeline distribution system. The budget for legal services has also decreased as most of the research into the history of the Company and work on governing documents has been completed. Staff proposes that the 2020-21 Operating Budget be funded through a combination of operating assessments, at $13 per share, and operating cash on hand. These two sources would provide $93,028 and $6,972, respectively. The draw on operating cash will leave a projected balance of approximately $125,000. Capital Improvements The NFWC Capital Improvement Program (CIP) has two open capital projects, described below: Plunge Creek Crossing - The purpose of this project is to repair leaks in the North Fork pipeline as it crosses Plunge Creek. The recommended method for repair is to make minor repairs to the pipe as needed, and then reinforce concrete armoring around the pipe. The Board previously authorized a budget of $130,000 for this project, however, with most irrigators having sold their shares or having been transitioned to the District’s distributions system, and the District’s Plant 134 taking a majority of water deliveries from the State Water Project, staff is developing an alternate recommendation for the Plunge Creek crossing. There were no costs incurred on the project during 2019-20, and no plans to incur costs in 2020-21. Facility Abandonments - The purpose of this project is to effectively and safely abandon weirs, pipes, and other open facilities that are no longer needed for Company operations. During fiscal year 2019-20, Merlin Johnson Construction was contracted to abandon weir 40 located on the south side of Highland Ave., just west of Boulder Ave. The cost for this work was $20,743 out of $50,000 previously authorized by the Board. The table below presents CIP activity during 2019-20: In the upcoming year staff recommends contracting with Merlin Johnson Construction to abandon an additional five weirs at an estimated cost of $22,000 each. With $29,257 remaining in the Facility Abandonment budget, staff requests authorization to transfer $80,000 from the Plunge Creek Crossing budget to complete the weir abandonments needed. The table below presents staff’s proposed revisions to the CIP project budgets: Recommended by: John Mura General Manager/CEO Respectfully submitted: Brian Tompkins Treasurer If the revision to the CIP project budget is approved, the current Capital Reserve balance of $160,135 is sufficient to pay for work to be completed next year. Accordingly, staff is not recommending a capital assessment for fiscal year 2020-21. REVIEW BY OTHERS: This agenda item has been reviewed by the Administration, Finance, and Operations departments. FISCAL IMPACT Adoption of the Operating Budget as presented authorizes operating expenses of $100,000 for fiscal year 2020- 21 and does not change authorized expenditures from capital reserves. ATTACHMENTS: Description Type Presentation Presentation BUDGET & ASSESSMENTS May 21, 2020 PROPOSED 2020-21 BUDGET DESCRIPTION ADOPTED 2019-20 BUDGET PROPOSED 2020-21 BUDGET OPERATING EXPENSES Operating Labor/Equipment -EVWD $ 17,000 $ 11,000 Contract Services 11,000 10,000 Legal Services 50,000 26,000 Materials & Supplies 100 100 Administration 14,200 12,000 Other Professional Services 4,700 4,700 Insurance 3,500 3,700 Property/Franchise Taxes 32,500 32,500 Total Operating Expenses $ 133,000 $ 100,000 CAPITAL EXPENDITURES $ 0 $ 0 PROPOSED 2020-21 ASSESSMENTS DESCRIPTION PROPOSED 2020-21 BUDGET Proposed Expenses Operating Expenses $ 100,000 Capital Expenditures 0 TOTA L PROPOSED EXPENSES $ 100,000 Proposed Funding -7,156 Shares Operating Assessment -$13 per share $ 93,028 Operating Cash -Current Balance $ 132,250 6,972 Capital Assessment 0 TOTAL FUNDING $ 100,000 $13 2020-21 ASSESSMENTS $0 CAPITAL ASSESSMENTS