OFFICERS Carl Ribaudo, President Shelly Thomsen, Vice President Harold Singer, Treasurer DIRECTORS Martin Goldberg Jason Burke
TAHOE RESOURCE CONSERVATION DISTRICT BOARD OF DIRECTORS MEETING Tuesday, May 11, 2021 Location: Teleconference – See Below South Lake Tahoe, CA 96150 10:00 AM – 1:00 PM 646 AGENDA
IMPORTANT NOTICE REGARDING COVID-19 AND TELECONFERENCED MEETINGS:
Based on the mandates by the Governor in Executive Order N-33-20 and the County Public Health Officer to shelter in place and the guidance from the CDC, to minimize the spread of the coronavirus, please note the following changes to the District’s ordinary meeting procedures:
- The District offices are not open to the public at this time. (See the District’s Promulgation of Rules and Orders) - The meeting will be conducted via teleconference using Zoom. (See Executive Order N-29-20) - All members of the public seeking to observe and/or to address the local legislative body may participate in the meeting telephonically or otherwise electronically in the manner described below.
HOW TO OBSERVE THE MEETING
Telephone: Listen to the meeting live by calling Zoom at (669) 900-6833 or (346) 248-7799. Enter the Meeting ID# 993-703-0547 followed by the pound (#) key. More phone numbers can be found on Zoom’s website at https://zoom.us/u/abb4GNs5xM if the line is busy. Enter Password (if required): 749701
Computer: Watch the live streaming of the meeting from a computer by navigating to https://us04web.zoom.us/j/9937030547 using a computer with internet access that meets Zoom’s system requirements (see https://support.zoom.us/hc/en-us/articles/201362023-System-Requirements-for-PC-Mac-and- Linux). Enter Password (if required): 749701
Mobile: Log in through the Zoom mobile app on a smartphone and enter Meeting ID# 993-703-0547, Enter Password (if required): 749701.
HOW TO SUBMIT PUBLIC COMMENTS:
Before the Meeting: Please email your comments to [email protected], write “Public Comment” in the subject line. In the body of the email, include the agenda item number and title, as well as your comments. If you would like your comment to be read aloud at the meeting (not to exceed five minutes at staff’s cadence), prominently write “Read Aloud at Meeting” at the top of the email. All comments received before 5:00 PM on the day before the meeting will be held, will be included as an agenda supplement on the District’s website under the relevant meeting date and provided to the Board at the meeting. Comments received after this time will be treated as contemporaneous (Telephonic / Electronic Comments).
Telephonic / Electronic Comments: During the meeting, the Board President or designee will announce the opportunity to make public comments and identify the cut off time for submission. A short recess (generally less than 10 minutes) will take place during the time public comment is open to allow the comments to be collected. Please email your comments to [email protected], write “Public Comment” in the subject line. In the body of the email, include the agenda item number and title, as well as your comments. Once the public comment period is closed, all comments timely received will be read aloud by staff. Comments received after the close of the public comment period will be added to the official record after the meeting.
ACCESSIBILITY INFORMATION:
Board Meetings are accessible to people with disabilities and others who need assistance. Individuals who need special assistance or a disability-related modification or accommodation (including auxiliary aids or services) to observe and/or participate in this meeting and access meeting-related materials should contact Nicole Cartwright, Executive Director, at least 48 hours before the meeting at (530) 543-1501 ext. 111 or [email protected]. Advanced notification will enable the District to swiftly resolve such requests to ensure accessibility.
PUBLIC RECORDS Public Records that relate to any item on the open session agenda for a meeting are available for public inspection. Those records that are distributed after the agenda posting deadline for the meeting are available for public inspection at the same time they are distributed to all or a majority of the members of the Board. The documents will be made available on the Tahoe RCD Website: www.tahoercd.org.
Agenda Posted: TRCD Administrative Office and www.tahoercd.org
AGENDA
RECOMMENDATION PAGE I. CALL TO ORDER
II. DIRECTORS’ ROLL CALL
III. COMMUNICATIONS FROM AUDIENCE
This is an opportunity for members of the public to address the Board on any short non-agenda items that are within the subject matter jurisdiction of the District. No discussion or action can be taken on matters not listed on the agenda, per the Brown Act. Each member of the public who has submitted a comment shall be allotted five minutes.
IV. CHANGES OR ADDITIONS TO THE AGENDA
V. APPROVAL OF THE AGENDA Action/Approve
VI. FINANCIALS
1. Financials through February 2021 Discussion Only 1-6
2. Invoice Transmittals Action/Approve 7-14 • Accounts Payable 4/6/21 4/12/21 4/20/21 4/27/21 • Partners Payable 4/6/21 4/27/21
• Credit Card 4/6/21
3. Bank Reconciled Cash Balance Discussion Only • Nothing this period
VII. NRCS (Bulleted items will be discussed however no action will be taken)
1. General Update Discussion Only 15-16
VIII. CONSENT AGENDA Action Approve 17-19 (All items under consent agenda may be approved in one motion. Any Director may have any item on the consent agenda removed and considered separately under consent forward upon request)
1. April 13, 2021 Board Meeting Minutes
IX. CONSENT FORWARD
X. REPORTS (Bulleted items will be discussed however no action will be taken)
1. Executive Director April 2021 Discussion Only 20-21 Activity Report – Nicole Cartwright
2. Program Manager April 2021 Discussion Only 22-23 Activity Report – Andrea Buxton
3. Program Manager April 2021 Discussion Only 24-25 Activity Report – Chris Kilian • 2021 Watercraft Inspection Program Seasonal Opening
4. Program Manager April 2021 Discussion Only 26 Activity Report – Andrew Schurr • Fire Adapted Communities Team Updates and New AmeriCorps Hire
5. Program Manager April 2021 Discussion Only 27 Activity Report – Mike Vollmer
XI. NEW BUSINESS
1. Agreement number CTA 20 033 between California Tahoe Action/Approve 28-63 Conservancy and Tahoe Resource Conservation District in the amount of $500,000.00 for Tahoe Keys Offshore Complex Aquatic Invasive Plant Control
2. Johnson Meadow Expendable Fund with El Dorado Action/Approve 64-72 Community Foundation
3. Instant Runoff Election of Regular Special District Action/Approve 73-112 Representatives to El Dorado LAFCO
XII. OLD BUSINESS
1. With Respect to Every Item of Business to be Action/Approve - Discussed in closed session pursuant to Section 54957: PUBLIC EMPLOYEE PERFOMANCE EVALUATION For Executive Director, Nicole Cartwright
XIII. CLOSING STATEMENTS (Statements from the Board and Staff no discussion is permitted)
XIV. ADJOURNMENT 8:19 AM Tahoe Resource Conservation District
05/07/21 Balance Sheet Accrual Basis As of March 31, 2021
Mar 31, 21 ASSETS Current Assets Checking/Savings 0101 · EDC 6,428.70 0102 · Petty Cash 250.00 0103 · JPMorgan Chase 1,388,879.60
Total Checking/Savings 1,395,558.30
Accounts Receivable 1000 · Accounts Receivable 669,360.39
Total Accounts Receivable 669,360.39
Other Current Assets 0142 · Prepaid Health Insurance 994.36 0143 · Prepaid Expenses Other 5,092.30 0144 · Prepaid Rent 215.10 0150 · Prepaid Workers Comp 3,592.09 0170 · Deferred Outflows - GASB 68 197,208.00 1001 · Retention Receivable 124,125.81
Total Other Current Assets 331,227.66
Total Current Assets 2,396,146.35
Fixed Assets 0160 · Fixed Assets - Equipment 209,440.29
0162 · Fixed Assets - Computers 5,587.00 0163 · Accrued Depreciation -241,080.00 0164 · Fixed Assets - Furniture 3,922.00 0166 · Fixed Assets - Autos 114,196.00 0167 · Leasehold Improvement 22,347.00 6000 · Fixed Assets - Land 8,083,479.00
Total Fixed Assets 8,197,891.29
TOTAL ASSETS 10,594,037.64
LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable 0202 · Accounts Payable 1,310.15 0203 · Partners Payable 386,613.25 0214 · Sales Tax Payable 77.35
Total Accounts Payable 388,000.75
Credit Cards 0204 · US Bank Credit Card 9,483.10
Total Credit Cards 9,483.10
Other Current Liabilities 0159 · Comp Abs Liability 93,347.82 0213 · Unearned Revenue - Advances 62,376.08 0219 · Partners Retentions Payable 89,226.26 0220 · State/Local Income Tax Payable -1,150.92 0222 · Net Pension Liability - GASB 68 321,768.00
Total Other Current Liabilities 565,567.24
Total Current Liabilities 963,051.09
Total Liabilities 963,051.09
Equity 0340 · Capital Assets 63,341.00 0350 · Fund Balance 8,940,238.80 Page 1 Page 1 of 112 8:19 AM Tahoe Resource Conservation District
05/07/21 Balance Sheet Accrual Basis As of March 31, 2021
Mar 31, 21 0360 · Previous Year's Adjustment -1,960,238.58 32000 · Retained Earnings 2,593,754.35 Net Income -6,109.02
Total Equity 9,630,986.55
TOTAL LIABILITIES & EQUITY 10,594,037.64
Page 2 Page 2 of 112 8:17 AM Tahoe Resource Conservation District
05/07/21 Profit & Loss Accrual Basis March 2021
Mar 21 Jul '20 - Mar 21 Ordinary Income/Expense Income Property Tax Revenue 1100 · EDC Property Tax;Current Secure 0.00 50,844.55
1160 · Placer County Taxes 0.00 46,218.38
Total Property Tax Revenue 0.00 97,062.93
1176 · Interest Revenue 1177 · EDC Interest Earnings 0.00 24.15
Total 1176 · Interest Revenue 0.00 24.15
1200 · Grant Revenues 1200.83 · CTC AIS 16 0.00 92,468.83 1200.84 · PROP 84 R3 0.00 49,757.42 1200.86 · STPUD P84 R3 0.00 137,190.93 1200.87 · SWRCB SWP 0.00 2,181.82 1200.88 · SNPLMA Fire 0.00 542,145.56 1200.92 · Placer SWP 17 7,137.31 24,489.17 1200.93 · EDC SWP 17 7,137.26 24,488.92
Total 1200 · Grant Revenues 14,274.57 872,722.65
1201 · Grant Revenues - 2 1201.03 · NRCS 004 0.00 1,348.20 1201.07 · EPCCHOA 0.00 6,089.13 1201.08 · NDSL AIS 18 1,056.79 11,154.14 1201.09 · NRCS 040 0.00 3,743.73 1201.19 · CTC AIS Collab 0.00 83,846.44 1201.25 · Washoe SWP 19 7,137.31 24,489.17 1201.27 · NDOT SWP 19 7,159.54 24,561.50 1201.28 · NDOT SR431 5,787.82 20,480.54 1201.31 · BOR JM 41,440.23 304,493.67 1201.32 · TRPA CALFIRE 19 6,810.95 18,470.95 1201.33 · NDSL AIS 19 494.20 4,171.41 1201.34 · CTCJPA-19-301 0.00 4,124.13 1201.35 · CTCJPA-19-001-0140 0.00 3,100.51 1201.36 · CTC RR 19 0.00 55,053.32 1201.37 · Calfire HRREV 19 6,000.00 37,008.72 1201.38 · CTC JPA 19-001 0.00 62,410.99 1201.39 · Calfire PAP 19 0.00 1,548.16 1201.40 · CALTRANS SWP 19 7,137.31 24,489.17 1201.41 · TRPA NDSL 19 M 0.00 4,303.07 1201.42 · TRPA 20 0.00 497,162.05 1201.43 · Douglas SWP 20 7,137.31 24,489.17 1201.44 · CSLT SWP 20 0.00 17,830.23 1201.46 · NDSL AIS 20 0.00 3,821.10 1201.48 · CTC AIS 20 11,850.85 47,374.70 1201.49 · Parasol PAP 19 0.00 9,129.26 1201.51 · NTCD NSHH 20 0.00 3,935.84 1201.52 · CTCJPA-20-301 0.00 74,217.16 1201.53 · CTCJPA-20-001 0.00 118,005.11 1201.54 · CTCJPA-20-001-1 0.00 135,791.58 1201.55 · CTC Monitoring 20 919.89 12,514.66 1201.56 · Grant Reveue - TRPA TK 20 0.00 95,320.00 1201.57 · CTC Fema 1,086.64 4,780.62 1201.58 · CTC Dollar 20 0.00 2,955.04 1201.59 · TRPA DBW 21 4,718.74 16,927.76 1201.60 · TRPA 21 42,274.83 124,849.88 1201.61 · CSLT TKIOI 20 0.00 1,542.97 1201.62 · WRTC FAC 20 0.00 224.17 1201.63 · CSLT SWP 21 6,658.97 6,658.97
Total 1201 · Grant Revenues - 2 157,671.38 1,892,417.22
1500 · Administration Income
Page 1 Page 3 of 112 8:17 AM Tahoe Resource Conservation District
05/07/21 Profit & Loss Accrual Basis March 2021
Mar 21 Jul '20 - Mar 21 1500.34 · CTC AIS 16 0.00 9,246.89 1500.37 · Placer SWP 17 1,070.60 3,673.38 1500.38 · EDC SWP 17 1,070.59 3,673.34 1500.47 · NDSL AIS 18 52.84 557.71 1500.59 · Washoe SWP 19 1,070.60 3,673.38 1500.61 · NDOT SWP 19 1,073.93 3,684.23 1500.62 · NDOT SR431 868.17 3,072.08 1500.64 · CTCJPA-19-301 0.00 143.02 1500.65 · CTCJPA-19-001-0140 0.00 831.69 1500.66 · NDSL AIS 19 24.71 208.57 1500.67 · CTC RR 19 0.00 6,602.96 1500.68 · CTCJPA 19-001 0.00 8,620.71 1500.69 · TRPA CALFIRE 19 681.10 1,847.10 1500.71 · Calfire HRREV 19 720.00 4,441.04 1500.73 · CALTRANS SWP 19 1,070.60 3,673.38 1500.74 · Douglas SWP 20 1,070.60 3,673.38 1500.75 · CSLT SWP 20 0.00 2,674.54 1500.76 · CTC AIS 20 1,777.63 7,106.21 1500.77 · CTCJPA-20-301 0.00 10,503.51 1500.78 · CTCJPA-20-001 0.00 16,984.70 1500.79 · CTCJPA-20-001-1 0.00 19,324.35 1500.80 · Administrative Fee NDSL AIS 20 0.00 560.76 1500.81 · Parasol PAP 0.00 1,095.51 1500.82 · CTC Monitoring 20 137.98 1,786.46 1500.83 · CTC Fema 163.00 704.87 1500.84 · CTC Dollar 20 0.00 443.26 1500.85 · CSLT SWP 21 998.85 998.85
Total 1500 · Administration Income 11,851.20 119,805.88
1900 · Miscellanous Income 1178 · US Bank Credit Incentive 281.66 1,442.44 1250 · Contributions 0.00 40.00 1600 · CTCJPA Vehicle Maintenance -226.11 -526.24
Total 1900 · Miscellanous Income 55.55 956.20
Total Income 183,852.70 2,982,989.03
Gross Profit 183,852.70 2,982,989.03
Expense Benefits 3020 · Retirement Expense 3020.1 · CalPERS Unfunded Liability 0.00 31,372.69 3020 · Retirement Expense - Other 6,850.25 59,660.32
Total 3020 · Retirement Expense 6,850.25 91,033.01
3023 · Employee CalPERS 2,766.28 -6,523.40 3025 · Employee Nationwide 1,329.08 2,502.68 3040 · Employer Health Insurance 3042 · Employee Health 3,606.56 2,037.06 3040 · Employer Health Insurance - Other 10,129.94 102,048.40
Total 3040 · Employer Health Insurance 13,736.50 104,085.46
3050 · Comp Abs Expense 2,975.75 54,115.03
Total Benefits 27,657.86 245,212.78
Building and Equipment Expense 4140 · Equipment Maintenance 1,369.39 18,311.44 4161 · Vehicle Maintenance 0.00 672.34 4420 · Rents & Leases; Equipment 0.00 6,509.10 4440 · Rent; Building 4,709.60 49,678.40 4462 · Computer Equipment 0.00 475.84 4606 · Fuel Expense 80.47 8,222.25
Page 2 Page 4 of 112 8:17 AM Tahoe Resource Conservation District
05/07/21 Profit & Loss Accrual Basis March 2021
Mar 21 Jul '20 - Mar 21 6610 · CTCJPA Vehicle Mainten 0.00 615.80
Total Building and Equipment Expense 6,159.46 84,485.17
Grant Expense 4500 · Project / Grant Supplies 1,571.19 27,796.66
Total Grant Expense 1,571.19 27,796.66
Miscellanous Expense 4240 · Miscellanous Expense 0.00 0.00 4241 · VOID Expense 0.00 0.00 4607 · Fines Fees and Penalties 0.00 810.35 Miscellanous Expense - Other 0.00 0.00
Total Miscellanous Expense 0.00 810.35
Office Expense 4040 · Telephone 1,365.49 9,538.76 4041 · Internet 109.99 989.91 4060 · Meeting Expense 0.00 45.87 4260 · Office Expense 600.62 3,886.14 4261 · Postage 20.17 779.46 4262 · Software Expense -3,675.81 7,841.39 4266 · Printing 6,810.95 13,857.80
Total Office Expense 5,231.41 36,939.33
Operations Expense 4100 · Insurance 0.00 35,265.38 4220 · Membership / Dues 0.00 10,056.71 4250 · Licenses and Permits 0.00 10,038.08 4502 · Education and Outreach 0.00 220.00
Total Operations Expense 0.00 55,580.17
Payroll Taxes 3021 · OASDI Expense 2,639.83 65,872.65 3022 · Medicare Expense 617.43 15,596.03 3026 · CA Income Tax 0.00 -1,935.16 3027 · Federal Income Tax 0.00 -10,222.88 3041 · SUI 603.43 19,277.40 3060 · Workers Compensation 607.15 23,035.86 3095 · FIT Liability 0.00 -6,867.26
Total Payroll Taxes 4,467.84 104,756.64
Professional Services 4010 · Advertisement 298.16 12,138.16 4300 · Professional Fees 3090 · Paychex Expense 279.57 5,236.04 4300.04 · GriffinSystems, Inc. 250.00 2,531.25 4300.11 · Platinum Advisors, LLC 500.00 4,000.00 4300.18 · Eide Bailly 262.95 14,609.15 4300.21 · Stephen L. Quarles 0.00 6,000.00 4300.22 · Fallon Multimedia 0.00 9,900.00 4300.23 · Connolly Crane Service 0.00 1,312.50 4300.27 · Nigro & Nigro 0.00 16,500.00 4300 · Professional Fees - Other 0.00 -0.04
Total 4300 · Professional Fees 1,292.52 60,088.90
4305 · Audit Fees 0.00 700.00 4313 · Legal Services 925.00 10,128.00
Total Professional Services 2,515.68 83,055.06
Salaries 3001 · Salaries and Benefits
Page 3 Page 5 of 112 8:17 AM Tahoe Resource Conservation District
05/07/21 Profit & Loss Accrual Basis March 2021
Mar 21 Jul '20 - Mar 21 3000 · Gross Wages 44,722.20 1,101,482.39
Total 3001 · Salaries and Benefits 44,722.20 1,101,482.39
Total Salaries 44,722.20 1,101,482.39
Training and Travel 4503 · Staff Development 0.00 553.00 4540 · Professional Development 0.00 134.00 4602 · Mileage 140.28 2,150.26
Total Training and Travel 140.28 2,837.26
ULM Expenses 6040 · ULM Capital Outlay 25.63 6,046.58 6043 · ULM Deferred Maintenance 25.62 5,812.79 6600 · ULM Support 283.07 3,901.33
Total ULM Expenses 334.32 15,760.70
4501 · Contract Project 4501.03 · Hauge Brueck Associates 7,482.50 23,021.17 4501.07 · Trout Unlimited 0.00 119,304.00 4501.14 · Sierra Nevada Alliance 0.00 17,137.50 4501.20 · UC Davis -412.96 33,934.67 4501.21 · UNR 10,492.44 72,762.76 4501.29 · STPUD 0.00 3,071.40 4501.30 · Nevada Tahoe Conservation Dist 775.43 2,333.32 4501.31 · Strasenburgh/High Sierra Water 3,720.00 6,240.00 4501.35 · Marine Taxonomic Serv (MTS) 0.00 243,526.05 4501.37 · North Tahoe FD 26,403.20 161,275.45 4501.38 · North Lake Tahoe FPD 0.00 126,520.54 4501.4 · Clean Tahoe Program 688.61 5,900.81 4501.40 · Tahoe Douglas FPD 0.00 122,580.99 4501.48 · SDBX 0.00 12,925.00 4501.49 · Geosyntec Consultants, Inc. 1,952.00 13,561.25 4501.5 · DRI 4,046.80 14,386.38 4501.91 · Ascent Environmental 6,806.25 233,011.99 4501 · Contract Project - Other 7,969.78 18,888.26
Total 4501 · Contract Project 69,924.05 1,230,381.54
Total Expense 162,724.29 2,989,098.05
Net Ordinary Income 21,128.41 -6,109.02
Net Income 21,128.41 -6,109.02
Page 4 Page 6 of 112 Page 7 of 112 Page 8 of 112 Page 9 of 112 Page 10 of 112 Page 11 of 112 Page 12 of 112 Page 13 of 112 Page 14 of 112 May NRCS Report for the RCD Boards
COVID The Placerville Office Remains remain on limited staff onsite. Currently, FPAC is allowing 50% staff in service centers. Visitors by appointment 1 at a time. We appreciate the RCD’s commitment to minimizing staff on site. • Masks are now required to be worn at all time all federal government facilities. • Our office continues to provide assistance to our customers while implementing safety measures to protect our customers and employees. Farm Bill Programs NRCS continues to accept application year-round. We are currently working with producers on their FY21 applications. • We have 1 contract funded with the NAQI program, 1 pre-approved EQIP-CAP Forest Health (Burn Plan), and 2 pre-approved EQIP-RCPP Crisis Tree Mortality • We have 33 EQIP Application and 6 RCPP application ready for to compete for funding in Batch 4. • We also have a growing list of interested applicants we will be visiting soon and preparing conservation plans.
Staffing Currently the Placerville Office is increasing staffing • Soil Conservationist and Forester • Accepting applications for Ag Engineer Tech • Future staffing entry level Soil Conservationist
Page 15 of 112 Local Work Group meeting Resource Conservation Districts and the USDA Natural Resources Conservation Service join forces to host local work group meetings (LWG). In these meetings local input is gathered from agricultural producers, private forestland managers, conservation organizations and natural resource agencies to help identify and prioritize the natural resource concerns most important for the area.
California NRCS Strategic Plan 2020-2025 Mission: Helping People Help the Land Vision: Personalizing proven and cutting edge conservation solutions to improve California’s natural resources Goal 1: Support our valued external and internal stakeholders in service to California’s natural resources Goal 2: Support resilience of agriculture in California through addressing priority resource concerns “NRCS delivers conservation solutions with cutting edge results. This is made possible in collaboration with local resource conservation districts and conservation partners. As we turn a new chapter, we are committed to working closer with traditional and non-traditional organizations. To support historically underserved customers and beginning farmers and ranchers working toward sustainability.”
Nearly 150 employees involved in the planning process. Some were part of feedback meetings others were part of task forces creating tactics and strategies.
NRCS CA Strategic Plan 2020-2025.pdf Brook Fuller [email protected] 530-303-5333
Page 16 of 112 Tahoe Resource Conservation District
Board Meeting Minutes
Tuesday, April 13, 2021
Attendees:
District Directors: Carl Ribaudo, President Harold Singer, Treasurer Jason Burke, Director
District Staff: Nicole Cartwright, Executive Director Tori Walton, Director of Finance and Administration Meg Peart, Human Resources/Grant Manager Andrew Schurr, Program Manager Chris Kilian, Program Manager Mike Vollmer, Program Manager
Guests: Brook Fuller – Natural Resources Conservation Service
I. Call to Order
President Ribaudo called the meeting to order at 10:02 a.m. The meeting was held via Zoom Teleconference.
II. Directors’ Roll Call
Present: President Ribaudo, Treasurer Singer, and Director Burke. Absent: Vice President Thomsen, Director Goldberg
III. Changes or Additions to the Agenda None
IV. Approval of the Agenda
Motion by Treasurer Singer, Seconded by Director Burke; President Ribaudo, Treasurer Singer, and Director Burke, voted yes, for approval of the agenda.
XI. Financials
1. Financials through February 2021
Discussion Only
2. Invoice Transmittals
Motion by Director Burke, seconded by Vice President Singer; President Ribaudo, Treasurer Singer, and Director Burke, voted yes, for approval of the invoice transmittals.
3. Bank Reconciled Cash Balance
Treasurer Singer inquired about interest gaining options for our cash balance reserves. Staff will work with Finance and Operations Committee to discuss options. Page 17 of 112 XII. NRCS Brook Fuller gave a general update of NRCS operations.
XIII. Consent Agenda
Motion by Director Burke, seconded by Treasurer Singer; President Ribaudo, Treasurer Singer, and Director Burke voted yes, to approve the consent agenda.
XIV. Consent Forward
XIV. Reports
1. Interim Executive Director March 2021 Activity Report – Tori Walton
2. Program Manager March 2021 Activity Report – Andrea Buxton
Treasurer Singer asked if the proposal to analyze BMP effectiveness was still going to move forward with the caveat that Nevada Division of Environmental Protection did not award half of the funding to the project. Executive Director Nicole Cartwright stated that she will follow up with Program Manager Andrea Buxton to provide an update on the status of the project at the next meeting.
3. Program Manager March 2021 Activity Report- Chris Kilian • Tahoe RCD awarded $500,000 to conduct aquatic invasive plant control activities within the Tahoe Keys Offshore Complex
4. Program Manager March 2021 Activity Report – Andrew Schurr • Johnson Meadow Restoration alternative development and feasibility report finalization
5. Program Manager March 2021 Activity Report – Mike Vollmer
XIV. New Business
1. Agreement number CTA 20 029 between California Tahoe Conservancy and Tahoe Resource Conservation District in the amount of $686,685.00 for property management and specialized services as part of the Joint Powers Agreement
Motion by Treasurer Singer, seconded by Director Burke; President Ribaudo, Treasurer Singer, and Director Burke, voted yes, to approve CTA 20 029 between California Tahoe Conservancy and Tahoe Resource Conservation District in the amount of $686,685.00 for property management and specialized services as part of the Joint Powers Agreement contingent upon the following changes: o Remove Exhibit G o Remove all references to Exhibit G o Exhibit B1 update the date to include entire term of contract
2. Tahoe Resource Conservation District’s role in the Sierra Coordinated Resource Management Council and the future of the Council
Motion by Treasurer Singer, seconded by Director Burke; President Ribaudo, Treasurer Singer, and Director Burke, voted yes, to support disbanding the Sierra Coordinated Resource Management Council.
Page 18 of 112 XIV. Old Business
1. With Respect to every item of business to be discussed in closed session pursuant to Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION PROCESS for Executive Director, Nicole Cartwright
No action taken
XIV. Closing Statements
Executive Director Nicole Cartwright thanked Tori Walton for stepping up into the role of Interim Executive Director during her leave.
XIV. Adjournment
Motion by Director Burke, seconded by Treasurer Singer; President Ribaudo, Treasurer Singer, and Director Burke voted to adjourn at 11:13 a.m.
______
Carl Ribaudo, President Tori Walton, Executive Assistant
Page 19 of 112 Tahoe Resource Conservation District Staff Report
Date: May 5, 2021
To: Tahoe RCD Board of Directors
From: Nicole Cartwright, Executive Director
April 2021 Staff Report
Recommendation: It is recommended the Board read and file this staff report. COVID-19 Response and Organizational Update Staff are primarily working from home, with occasional office work when needed. Safety and cleaning precautions are still being followed for shared spaces including wearing masks, social distancing, and disinfecting surfaces. Tahoe RCD management and staff are discussing a slow office re-opening in June along with the State of California’s reopening guidelines. As we learn more we will report to the Board. Staff will continue to have the flexibility to work from home. This will be communicated to management through “Alternative Work Week and Teleworking” forms and be represented on work Google calendars. Administrative Executive Director returned to work part time in April, working approximately 24 hours per week. Starting in May, scheduled hours will be Tuesday through Friday 8:30-4:30. Special Projects
Website Redesign and ADA Compliance Staff completed the Tahoe RCD website redesign. The new site is live and is undergoing quality control tests and accessibility analysis.
Outreach and Partnership Development with Public and Private Partners Here is a summary of interactions with partners and working groups in April: • Participated in interview process for new AmeriCorps member • Connected with new NRCS rep and established consistent meetings to strengthen partnership • Met with other RCDs in the Central Sierra region to share resources and knowledge on our Home Hardening Retrofit Guide. • Met with Forest Service staff to discuss LTRA funding for Johnson Meadow (Phase II)
Funding
Secured Tahoe Fund 2021 Project - Johnson Meadow Restoration Planning Extension for $23,000
League to Save Lake Tahoe – Tahoe Keys East Channel Aquatic Plant Removal for $48,150
Submitted/In Progress SNPLMA nomination for Tahoe Network of Fire Adapted Communities (for 2022-2028) requesting approximately $6 million.
We Do Conservation tahoercd.org Page 20 of 112 Tahoe Resource Conservation District Staff Report
Rejected None during this period. Partnerships/Collaborations California Tahoe Alliance – This month the Alliance focused on the formation of the Tahoe Caucus, which is currently going to be chaired by Senator Laird and Dahle. While this informal caucus will be educational, the purpose is also collegial by organizing visits to Lake Tahoe to learn about this unique region and the activities taken to protect and restore Lake Tahoe. A virtual brown bag type presentation to launch the caucus will be scheduled in the next couple months likely focusing on the Forest Action Plan. An in-person tour will occur later in the summer. The group also provided support for the Governor’s budget for Wildfire & Forest Resilience Strategy, AB 322 (biomass energy) and AB 1500 (Climate Bond)
California Association of RCD –Attended monthly District Managers/Executive Directors meeting to discuss office reopening strategies in lieu of COVID-19.
Financial Implications: None at this time Attachments: None at this time
We Do Conservation tahoercd.org Page 21 of 112 Tahoe Resource Conservation District 1 Staff Report
Date: May 11, 2021
To: Tahoe RCD Board of Directors
From: Andrea Buxton – Stormwater Program Manager
April 2021 Staff Report - Stormwater Program
Recommendation: It is recommended the Board read and file this staff report.
Monitoring April brought two precipitation events that generated enough runoff for sampling. A new 3-year budget was developed for the seven jurisdictions participating in RSWMP; it was approved by all seven. Contracting will begin soon.
Team members looked for new monitoring sites to replace some of the existing sites that aren't getting much flow or that are no longer useful. After much deliberation it was decided to not change anything for the upcoming water year; no new site was deemed good enough to warrant a change.
New Funding In November 2020, Tahoe RCD, in collaboration with DRI and Geosyntec, submitted a proposal to analyze BMP effectiveness under new precipitation schemes projected with climate change and investigate new and emerging BMPs that could be implemented to increase stormwater treatment effectiveness under these changing climate conditions. TMDL managers recognized this need in their 2021 Annual Strategy document. The proposal was submitted to NDSL and NDEP for half the necessary amount each. NDSL License Plate funding, in the amount of $47,735, was awarded, but NDEP funding under 319(h) funds was not. However, NDEP has funding from another source to contribute to this BMP evaluation project. We are currently negotiating with NDEP on how much they will contribute.
Financial Implications : none Attachments: none.
We Do Conservation tahoercd.org Page 22 of 112 Tahoe Resource Conservation District 1 Staff Report
Date: May 11, 2021
To: Tahoe RCD Board of Directors
From: Andrea Buxton – Stormwater Program Manager
April 2021 Staff Report - Environmental Services Program
Recommendation: It is recommended the Board read and file this staff report.
Wildlife Final budget estimates for 2021 for five different contracts were approved, but only one contract needed additional funding to cover the upcoming season. Two of the contracts will be extended from 11/15/21 to 6/30/22 to cover planning expenses for the 2022 season. Interviews were conducted and one person was hired to help with wildlife surveys for the 2021 season. Wildlife surveys began in April for fuel reduction projects beginning in early May.
Statement of Qualifications The Environmental Services Program is a fee-for-service program that will allow us to provide partner agencies, businesses, and the public with the expertise to complete large or small projects that don't necessarily fit under the umbrellas of our current programs. A Statement of Qualifications (SOQ) was finalized, but still needs to be formatted into a brochure and a storymap on the website. The new Americore hire should have this capacity as she has much experience in design. A few new projects are already in the works under Environmental Services including a pipe condition assessment project from the City of South Lake Tahoe, and bird surveys for NRCS in Placerville.
Financial Implications : none Attachments: none.
We Do Conservation tahoercd.org Page 23 of 112 Tahoe Resource Conservation District 1 Staff Report
Date: May 5, 2021
To: Tahoe RCD Board of Directors
From: Chris Kilian - AIS Program Manager
April 2021 Staff Report
Recommendation: It is recommended the Board read and file this staff report.
Programs and Projects AIS Prevention Watercraft Inspection Program (WIP) Throughout April, inspections were performed at Cave Rock and Lake Forest. Inspections were unavailable during staff orientation from April 26 – 28 2021. April was spent Setting up the temporary inspection stations at Alpine Meadows, Spooner, and Meyers for operations and preparing and implementing staff orientation. An unprecedented level of requests for decontaminations were made in April. Because of the snow and effort involved in setting up the new Alpine station, Management staff did not have the time to accommodate all boaters for winter decontaminations. No decontaminations were available for the majority of the month, although boaters could arrive Clean, Drained and Dry for inspections at Cave Rock and Lake Forest to receive their annual Tahoe Boat Inspections stickers. The appointment system became available on April 1, 2021 and appears to be performing well. Appointments are spread throughout the week and throughout all sites. However, with 680 appointments made on April 1, most for the month of May, it is clear that the boating community is anxious to begin the season in record numbers.
Inspections & Decontaminations for April, 2021: • 213 New Tahoe inspections • 2 Decontaminations (Percentage is under-represented as decons were denied most of the month) • 150 at Cave Rock, and 63 at Lake Forest
Outreach and Education • Outreach staff began April 19th. Training was provided by Tahoe RCD program management, TRPA Community Engagement management, and previous Outreach Specialists. Social Media content and posts are already being made and coordinated for the season. • Outreach staff this year will focus the majority of time on Public Information answering the hotline and AIS emails. One day a week will be dedicated to outreach in the field. Public Information duties are performed by a part-time, dedicated and experienced staff member on the days when Outreach staff are unavailable.
Additional Group and Partnership Involvement- Lake Tahoe Aquatic Invasive Species Coordinating Committee: Tahoe RCD attended and contributed to meetings of the AISCC. Western Regional Panel on Aquatic Nuisance Species; Decontamination Think Tank: Tahoe RCD staff continue to contribute to the Decontamination Think Tank (DTT) on regional protocols and equipment development.
Aquatic Invasive Plant Control
We Do Conservation tahoercd.org Page 24 of 112 Tahoe Resource Conservation District 2 Staff Report
AIS Control Program • Tahoe RCD received funding in the amount of $48,150 from the League to Save Lake Tahoe to remove aquatic invasive plants from a portion of the east channel of the Tahoe Keys extending to the confluence of Lake Tahoe. The intent of this project is to remove aquatic invasive plants from the east channel from the lagoon lakeward of a newly installed double-bubble curtain to the confluence of Lake Tahoe. This work will result in a physical break of the existing infestation in the Tahoe Keys lagoons to the infestation in Lake Tahoe (Tahoe Keys Complex) and complement aquatic weed removal taking place in Lake Tahoe immediately adjacent to this project (Tahoe Keys Complex). Work will commence in May 2021.
• Tahoe RCD staff submitted permit applications for current and future plant control projects, and coordinated with partners and dive-subcontractor to schedule 2021 aquatic invasive plant control work in the Lake Tahoe basin. Contracted dive-work is expected to begin in May.
Financial Implications: Receipt of $48,150 CEQA Implications: None at this time Attachments: None at this time
We Do Conservation tahoercd.org Page 25 of 112 Tahoe Resource Conservation District 1 Memo
Date: May 6, 2021
To: Tahoe RCD Board of Directors
From: Andrew Schurr, Restoration Program Manager
April 2021 Staff Report
Recommendations It is recommended that the Board read and file this staff report.
Restoration Program
Johnson Meadow Phase 1 Phase 1 planning continued in April. Following the decision to remove non-Tahoe RCD property for additional analysis for historic channel activation work to finalize the Feasibility Report and three alternatives continued. The report is in review and conceptual designs for all three alternatives will be completed soon after. Once complete both technical working group and public outreach will take place and the documents will be released for review. Coordination with adjacent landowners and land-owning jurisdictions is ongoing.
Johnson Meadow Operations Summer projects are being scheduled. The JPA field crews have been committed to three weeks or more of crew time in the meadow. Time will be spent cleaning up and mitigating the effects of illegal camping and dumping, targeted stewardship such as fence removal, and tasks as needed. Tahoe RCD is also working with volunteers and area partners to schedule volunteer stewardship projects as needed. Funding support from Tahoe Fund has been allocated for this purpose.
Illegal camping and dumping abatement continue to be a challenge on Johnson Meadow. Coordination with the El Dorado County Sheriff Homeless Outreach Team improved greatly in April with the team conducting actions in the meadow and communications between the coordinating Sargent and Tahoe RCD staff. These actions will continue into the summer and fall. As part of abetment strategy development an updated Johnson Meadow Management plan will be drafted that includes illegal camping abatement and management protocol.
Continued Response to Covid-19 The Restoration Program Manager will continue to monitor the situation and direct actions and planning processes as appropriate in accordance with State, local, and district guidance.
Financial Implications: None at this time. Attachments: None at this time. CEQA Implications: None at this time.
We Do Conservation tahoercd.org Page 26 of 112 Tahoe Resource Conservation District 1 Staff Report
Date: May 3, 2021
To: Tahoe RCD Board of Directors
From: Mike Vollmer – Fire Adapted Communities Program Manager
April 2021 Staff Report
Recommendation: It is recommended the Board read and file this staff report.
Programs and Projects
Fire Adapted Communities The Tahoe Network of Fire Adapted Communities program continues working with all participating fire protection districts in preparation for the upcoming season. Fire Districts are finalizing 2021 Work Plans and working with Tahoe RCD FAC staff on scheduling wildfire prevention activities and work days for 2021. The TNFAC Spring Kick-Off Meeting is scheduled for May 10th. South Lake Tahoe Fire and Rescue (SLTFR) is meeting with their Board on May 5th to gain approval to enter into a contract with Tahoe RCD for two City of South Lake Tahoe defensible space inspectors for 2021. This is a very positive step for providing needed wildfire mitigation services to the communities in the City of South Lake Tahoe. TNFAC is gearing up for another year of providing excellent education and outreach programs to communities and working with the Basin Fire Protection Districts to support their program needs.
The SNPLMA R18 Fire Adapted Communities proposal is currently recommended for 50% funding of the original proposal at $4,352,651 (Proposal request = $8,705,302). With support from the Lake Tahoe Basin Fire Chiefs, we are hopeful that funds may be reinstated by the SNPLMA Executive Committee. However, FAC Staff is strategizing on how best move forward with a 50% funded program. Mike Vollmer will be speaking to the SNPLMA Executive Committee regarding the R18 FAC Proposal on May 12.
National Wildlife and Fisheries Foundation (NFWF)/USFS Shared Stewardship Advisor The Shared Stewardship Advisor (S2 Advisor) program ramping continued ramping up with many meetings, webinars, and workshops intended to increase S2 Advisors knowledge regarding shared stewardship, available grants, and the overall project landscape in each S2 Advisor Zone. The first round of Priority Cross- Boundary Fuels/Forest Health Project Lists was delivered on April 30.
Staff News As of May 3rd, the FAC Team will be at full strength again and I would like to introduce and welcome Anya Obrez to the FAC Team. Anya is our new AmeriCorps employee and along with her high level of enthusiasm she brings a solid background in communications and event coordination. Anya will work remotely for her first couple weeks while she moves from Hawaii to Lake Tahoe. I am very excited to have such a talented team and we are all excited to deliver a world class FAC Program and provide communities the tools and knowledge they need to take responsibility for reducing their risk to wildfire.
Financial Implications : none Attachments: none
We Do Conservation tahoercd.org Page 27 of 112 Tahoe Resource Conservation District Staff Report
Date: May 6, 2021
To: Tahoe RCD Board of Directors
From: Mollie Hurt, Director of Programs
Tahoe Keys Offshore Complex Aquatic Invasive Plant Control Grant
Recommendation: It is recommended the Board of Directors approve Agreement CTA 20 033L, the Tahoe Keys Offshore Complex Aquatic Invasive Plant Control Grant, accepting a grant award to Tahoe Resource Conservation District (Tahoe RCD) of $500,000 for aquatic invasive plant removal.
Summary This recommended action will support Tahoe RCD efforts to reduce the aquatic invasive weed infestation that is offshore of the Tahoe Keys east and west channels. The Lake Tahoe Aquatic Invasive Species (AIS) Coordination Committee (Committee) identified removing AIP from the Complex as one of the highest priority control activities for the 2021 field season. This grant advances the efforts of the Lake Tahoe Environmental Improvement Program (EIP) to control AIS and protect native species in the region. AIP control efforts protect Lake Tahoe’s biodiversity by restoring nearshore fish habitat, improving water quality, and reducing the likelihood of AIP spreading. They also improve visitor experiences by limiting unsightly weeds, and maintaining recreation and scenic standards.
Background AIS threaten waterways throughout the nation, as they can impair drainage infrastructure, reduce water quality, and degrade wildlife habitat. In the Lake Tahoe Basin (Basin), the Committee leads prevention, detection, and control activities to reduce the introduction, spread, and extent of AIS. In 2019 the Committee developed the AIS Action Agenda (Action Agenda) to provide a comprehensive framework for AIS control activities. Using processes outlined in the Action Agenda, the Committee annually identifies priority AIP control projects to fund through the Account. This grant, funded by the Account, advances 2021 AIP control priorities.
Lake Tahoe Science and Lake Improvement Account The California State Lands Commission (SLC) collects fees for public use of state lands at Lake Tahoe, most commonly for use of the lakebed by pier supports and buoy anchors. In 2013 Senate Bill 630 (SB 630) mandated that the SLC deposit those fees into the Account to support a bi-state science advisory council and nearshore management. As one of the three recipients of Account funding, the Conservancy awards grants for AIS control and public lake access projects. To date the Conservancy has awarded nearly $2 million in Account funds. Combatting AIS at Lake Tahoe requires the coordinated efforts of multiple resource management agencies and demands creative and collaborative funding strategies. SB 630 requires the Conservancy to coordinate the selection of projects that are funded through a collaborative process with the participation of key stakeholders.
Tahoe Keys Offshore Complex Extending throughout 104 acres, the Complex is the largest known AIP infestation in Lake Tahoe after the Tahoe Keys lagoons and marina. Eurasian watermilfoil and curly-leaf pondweed infest an area of Lake Tahoe north of and separate from the marina and lagoon channels. Boats leaving the Tahoe Keys can spread these plants. Without control, these plants could infest new areas around Lake Tahoe. This would undermine the significant investments made by federal agencies, the states of California and Nevada, nonprofit organizations, and private donors to restore aquatic habitat in Lake Tahoe. Tahoe RCD initiated AIP control work in the Complex in 2020 using diver- assisted suction equipment, and demonstrated the potential for the success of this method. The Committee identified further work in this area as a priority.
We Do Conservation tahoercd.org Page 28 of 112 Tahoe Resource Conservation District Staff Report
The Complex is infested with both curly-leaf pondweed and Eurasian watermilfoil. Each plant requires different control measures. Tahoe RCD will primarily use diver-assisted suction to remove weeds. If appropriate, Tahoe RCD could also install bottom barriers or mats, and may also remove weeds by hand. Tahoe RCD will select the appropriate method, which depends on site-specific conditions such as plant species, lake level, and the size and density of the infestation. In addition to supporting implementation of the AIP control measures, Tahoe RCD will use the SB 630 funding for planning, administration, education, and outreach activities.
CEQA Implications: Tahoe RCD prepared and approved a mitigated negative declaration (MND) on January 12, 2021. Tahoe RCD filed an NOD on January 12, 2021. A copy of the MND and mitigation monitoring and reporting program (MMRP) are available on Tahoe RCD’s website.
Financial Implications: $500,000 (Lake Tahoe Science and Lake Improvement Account, Senate Bill 630)
Attachments: 1. CTA 20 033L, Tahoe Keys Offshore Complex Aquatic Invasive Plant Control Grant Agreement 2. Lake-wide Control of Aquatic Invasive Plant Notice of Determination
We Do Conservation tahoercd.org Page 29 of 112 2. The term of this Agreement is:
Page 30 of 112 Page 31 of 112 THIS AGREEMENT (Agreement) is entered into between the California Tahoe Conservancy (Conservancy) and the Tahoe Resource Conservation District (Grantee) effective upon the date this Agreement has been fully executed by both parties (Effective Date).
1. Scope of Agreement
The Conservancy, pursuant to its Resolution no. 21-03-04 of March 18, 2021 and Section 66907.7 of the Government Code, grants to the Grantee a sum not to exceed Five Hundred Thousand Dollars ($500,000), subject to the terms and conditions set forth below.
These funds shall be used for Tahoe Resource Conservation District Tahoe Keys Offshore Complex Aquatic Invasive Plant Control (Activity) as further described in the Conservancy staff recommendation of the same date as the above resolution.
The Grantee hereby agrees to complete the Activity in accordance with:
a. The terms and conditions of this Agreement; b. The Scope of Work described in Exhibit A; and c. The Budget Detail as set forth in Exhibit B.
The Grantee shall at all times exercise responsibility over the Activity.
2. Incorporation of Documents by Reference
The following exhibits and other documents are incorporated by reference into this Agreement and made a part hereof:
a. Exhibit A, Scope of Work; b. Exhibit B, the Budget Detail; c. Exhibit C, the List of Assurances; d. Exhibit D, Request for Disbursement Form; e. Exhibit E, Eligible and Ineligible Costs; f. Exhibit F, Reporting and Data Requirements; and g. Exhibit G, Mandatory Insurance Provisions.
In the event of any inconsistency between or among the main body of this Agreement and the above documents, the inconsistency shall be resolved, except as otherwise provided herein, by giving precedence in the following order: (1) the body of the Agreement; (2) the Scope of Work; (3) the Budget Detail; (4) the List of Assurances; (5) the Eligible and Ineligible Costs; (6) the Mandatory Insurance Provisions; (7) the Reporting and Data Requirements; and (8) the Request for Disbursement Form.
Page 32 of 112 3. Scope of Work
The Scope of Work, Exhibit A, describes the tasks and deliverables funded by this grant. The Scope of Work may be modified upon Grantee's submission of a modified Scope of Work and the Executive Director's (or designee’s) written approval.
4. Other Contractors
Nothing in this Agreement shall create any contractual relationship between any third- party contractor and the Conservancy.
5. Publicity and Acknowledgment
Grantee agrees that it will acknowledge the Conservancy's support whenever work funded in whole or in part by this Agreement is publicized in any news media, brochures, articles, seminars, or other type of promotional material, including outreach and education events described in Exhibit A.
6. Copies of Data, Plans and Specifications, Reports
Grantee shall provide the Conservancy with copies of all data, design plans, specifications, photographs, audio and video productions, films, recordings, reports, findings, and recommendations of every description or any part thereof, prepared under this Agreement in accordance with the Reporting and Data Requirements, Exhibit F.
All material, data, information, and written, graphic, or other work produced or developed, and formally or informally produced or delivered for or to the Conservancy under this Agreement is subject to the unqualified and unconditional right of the State of California to use, reproduce, publish, display, and make derivative use of all such work, or any part of it, for or on behalf of the Sate or to carry out State objectives, free of charge and to authorize others to do so. Upon issuance of a trademark, service mark, or patent claiming such work, the Conservancy shall be granted a perpetual, royalty-free, nonexclusive, and irrevocable license to use, reproduce, and publish the work or any part of it, and use the work or any part of it in the creation of derivative works for or on behalf of the State, or to carry out State objectives, and to grant to any third party a comparable and coextensive sublicense. If any such work is subject to copyright, Grantee will not assert its rights under copyright against the Conservancy, or against any third party, through the Conservancy, to use, reproduce, publish, create derivative works, display, or perform the work or any part of it for or on behalf of the State or to carry out State objectives.
The Grantee is granted the sole and exclusive right to copyright any publications developed as a result of this Agreement. This right includes the right to publish and
Page 33 of 112 vend throughout the world in any language and in all media and forms, in whole or in part, for the full term of copyright and all renewals thereof in accordance with this Agreement.
Grantee shall submit all electronic data collected and created under this Agreement to the Conservancy. A condition of final payment under this Agreement includes delivery of all related data in the format requested. The Conservancy reserves the right to conduct technical review of interim or final grant deliverables prior to making reimbursement or final payments.
7. Scope of Work Completion
Grantee shall complete the Scope of Work by November 15, 2023. Upon completion of the Scope of Work, the Grantee shall supply the Conservancy with evidence of completion by submitting: (1) the work products specified in Exhibit A; (2) the Final Report specified in Exhibit F; and (3) a fully executed final Request for Disbursement form, Exhibit D. Within thirty (30) days of Grantee's compliance with this Section, the Conservancy shall determine whether the Scope of Work has been satisfactorily completed. If the Conservancy determines that the Scope of Work has been satisfactorily completed, the Conservancy shall issue to the Grantee a Letter of Acceptance of the Scope of Work. The Scope of Work shall be deemed complete as of the date of the Letter of Acceptance.
If the Grantee is not able to meet the grant schedule described in Exhibit A and requires additional time, a written request must be submitted to the Grant Coordinator no less than ninety (90) days prior to the end date of the Agreement. Approval of a time extension is at the discretion of the Conservancy and may require approval by additional State agencies and/or the State Legislature.
8. Progress Reports and Final Report
The Grantee shall submit quarterly progress reports and a Final Report consistent with the Scope of Work (Exhibit A) and Exhibit F. The Final Report shall be submitted on or before the completion date listed in the Scope of Work (Exhibit A). A request for final payment should be submitted in conjunction with, but not as a portion of, the Final Report.
9. Expenditure of Funds and Allocation of Funding Among Budget Items
Except as otherwise provided herein, the Grantee shall expend funds in the manner described in Exhibit B.
10. Costs and Disbursements
Page 34 of 112 Upon determination by the Conservancy that all conditions precedent to disbursement have been fully met, the Conservancy shall disburse to the Grantee, in accordance with the approved Grant Budget, a total amount not to exceed the amount of this grant, as follows:
Disbursements of grant funds shall be made incrementally as separate components of the Scope of Work are satisfactorily completed and shall be on the basis of costs incurred.
The remaining amounts withheld shall be disbursed upon (1) Grantee's satisfactory completion of the Scope of Work, submittal of a Final Report, and a fully executed final Request for Disbursement substantially in the form of Exhibit D; and (2) final approval of the completed Scope of Work by the Grant Coordinator.
The Grantee shall request disbursement in accordance with Exhibit B, by filing with the Conservancy a fully executed "Request for Disbursement" form which contains:
- The invoice number; - Grantee's name and address; - The number of the Agreement (i.e., CTA 20 033L); - The date of the submittal; - The amount of the invoice; - Contact person and phone number; - The expenditures broken down by task as shown in Exhibit B; - The itemized documentation of all work done for which disbursement is requested, including complete timesheets and receipts; and - The signature of an official authorized by the Grantee to sign such invoices certifying that the invoiced work has been completed.
Additionally, each form shall be accompanied by:
- Any supporting invoices or other source documents from contractors hired by the Grantee to complete any portion of the Scope of Work funded under this Agreement; and - Documentation of the completion of the portion of the Scope of Work for which disbursement of grant funds is requested.
Any Request for Payment that is submitted without the required itemization and documentation will not be authorized for payment. If the payment request package is incomplete, inadequate, or inaccurate, the Conservancy will dispute the invoice for reasonable cause and hold all or a portion of the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor, or other consequence because of delays in payment or other breach of the Agreement between the Grantee and the contractor, are the responsibility of the
Page 35 of 112 Grantee and are not reimbursable under this Agreement.
Conservancy will make best efforts to forward each completed and approved Request for Disbursement form to the State Department of General Services or to the Office of the State Controller, as the case may be, within thirty (30) working days of receipt by the Conservancy.
The final invoice must be submitted on or before December 15, 2023.
11. Term of Agreement; Termination
This Agreement shall take effect upon the Effective Date. The term of the Agreement shall run from the Effective Date through November 15, 2023 (the End Date) unless otherwise terminated or amended as provided herein.
Prior to completion of the grant, for any discrete component of the Scope of Work, either party may indicate its intent to terminate its obligations under this Agreement with respect to that component, for any reason, by providing the other party with sixty (60) days’ notice in writing.
In the event of termination by the Conservancy, Grantee agrees to take all reasonable measures to prevent further costs to the Conservancy under this Agreement, and the Conservancy shall be responsible for any reasonable and non-cancellable (binding) obligations incurred by Grantee in the performance of this Agreement until the date of actual termination, but in any case not to exceed the undisbursed balance of funding authorized in this Agreement.
If, other than for reasons beyond Grantee's control, Grantee fails to complete the work in accordance with this Agreement or fails to fulfill another material term or obligation of this Agreement, Grantee shall repay to the Conservancy all amounts disbursed by the Conservancy hereunder. The Conservancy may, in its discretion, waive such repayment, in whole or in part, on the basis of Grantee's written statement of reasons. If the Executive Director (or designee) does not approve such waiver, the matter shall be referred to the Conservancy's governing board for its decision.
Following notice of intent to terminate, the Conservancy and the Grantee shall enter into a written termination agreement establishing the effective date for termination of the Scope of Work, the basis for settlement of any outstanding obligations, and the amount and the date of payment of any sums due to either party.
This Section shall not be deemed to limit any legal or equitable remedies which either party may have for breach of this Agreement.
12. Liability
Page 36 of 112
The Grantee shall indemnify, and save harmless the Conservancy and its members, Directors, members, agents and employees, from any and all liabilities, claims, demands, damages, or costs resulting from, growing out of, or in any way connected with or incident to this Agreement, or the design, construction, operation, repair, maintenance or existence of the Activity, except to the extent of, and in direct proportion to the active negligence or the intentional wrongdoing of the Conservancy, or its member(s), Director(s), agent(s) or employee(s), which arises other than from (1) a failure by the Conservancy to warn of hazards, based upon its review or inspection of the Activity plans, designs, specifications or site(s), and/or (2) the omission by Conservancy to review or inspect said plans, designs, specifications or site(s).
The parties expressly acknowledge that this Agreement is an agreement for the subvention of public funds from the Conservancy to the Grantee, and is not an "agreement" as that term is defined in Government Code Section 895 or a "construction contract" under Civil Code Sections 2782 or 2783. Accordingly, it is acknowledged Grantee does not, in matters arising under this Agreement, have any right to contribution and indemnity from the Conservancy and/or the State of California arising under Government Code Sections 895.2 and 895.6.
Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its Directors, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement, except such liability as results from the Conservancy's active negligence or the intentional wrongdoing of Conservancy, its member(s), Director(s), agent(s), or employee(s), and, in the case of joint negligence, is in direct proportion to the Conservancy's share of fault.
Conservancy assumes no responsibility for assuring the safety of the Activity improvements and the Activity site(s). Conservancy's rights under this Agreement to review, inspect, or approve the Final Plans and Activity improvements and/or its election to exercise or not to exercise those rights, shall not give rise to any warranty or representation that the Final Plans, Activity improvements or the Activity site(s) are free of defects and hazards.
13. Insurance
In the event that Grantee enters into an agreement or agreements with independent contractors or other third parties other than agencies of the State of California and Nevada for construction or implementation of the Activity or a portion thereof, such agreement(s) shall include a mandatory insurance provision substantially in the form of Exhibit G attached hereto. In addition, Grantee shall make reasonable efforts to assure that the Conservancy, and its members, Directors and employees are included as additional insureds under the insurance required by said Exhibit G, and that a copy of the endorsements or certificate naming them as additional insureds is furnished to the
Page 37 of 112 Conservancy as soon as practical. In the event the contractor or third party is unable to name the Conservancy as an additional named insured, the Grantee shall so notify the Conservancy. Within five (5) working days thereafter the Conservancy should notify the Grantee whether the Grantee shall proceed with the Activity or a portion thereof absent such provision in the insurance.
The company or companies providing such insurance shall have no recourse against the Conservancy and the State of California, and their members, Directors and employees, or any of them, for payment of any premiums or assessments under such insurance. The Conservancy shall also be provided with notice of any proposed cancellation of insurance.
In the event that the insurance coverage cannot be obtained, or is canceled or reduced below the minimums required herein, the Conservancy may in its sole discretion waive, in part or in whole, the insurance requirements set forth above; provided, however, that the Conservancy may reinstate such requirements if it determines there has been a change of circumstances.
14. Travel
Travel related expenses may not exceed the State travel reimbursement rate. For details, see the Department of Human Resources (CalHR) Travel Reimbursements website at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx.
Due to budget constraints and in the spirit of fiscal responsibility, all in-person meetings shall be located within a 100-mile radius of Lake Tahoe, California, unless approved in advance by the Conservancy. Any travel required by the Conservancy staff in relation to the production of work outside of the 100-mile radius shall be paid for by the Contractor unless specifically authorized. These travel costs shall include airfare, rental car, and overnight accommodations, if necessary.
15. Audits/Accounting/Records
The Grantee shall establish an official file for the grant. The file shall contain adequate documentation of all actions that have been taken with respect to the grant Scope of Work.
Grantee shall establish separate accounting records for receipt, deposit, and disbursement of all grant funds. All funds received by the Grantee shall be deposited into separate fund accounts that identify the funds and clearly show the manner of their disposition. The Grantee agrees that adequate supporting documentation shall be maintained in such detail so as to provide an audit trail which will permit tracing transactions from support documentation to the accounting records to the financial
Page 38 of 112 reports and billings. The Grantee shall promptly report to the Conservancy the application for or the receipt of any new funds from other funding sources.
The Grantee shall maintain books, records, documents, and other evidence sufficient to reflect properly the amount, receipt, and disposition of all grant funds. The maintenance requirements extend to books of original entry, source documents supporting accounting transactions, the general ledger, subsidiary ledgers, personnel and payroll records, canceled checks, and related documents and records. Source documents include copies of all awards, applications, and required financial and narrative reports. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the award, whether they are employed full-time or part- time. Time and effort reports are also required for consultants and contractors. Adequate supporting documentation shall be maintained in such detail so as to provide an audit trail which will permit tracing transactions from the invoices to the financial statement, to the accounting records, and to the supporting documentation.
All Grantee records relevant to the Scope of Work must be preserved a minimum of three (3) years after the final payment of the contract or the final audit, whichever is later, and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and audit by the State of California.
The State of California and the Conservancy reserve the right to call for a program audit or a financial audit at any time between the execution of this Agreement and the completion or termination of the Scope of Work. At any time, the Conservancy may disallow all or part of the cost of the activity or action determined to be not in compliance with the terms and conditions of this Agreement.
16. Independent Status of Grantee and Conservancy
The Grantee, its agent(s) and employee(s), and the Conservancy, its agent(s) and employee(s), in the performance of this Agreement, shall act in an independent capacity and not as Directors or employees or agents of the respective parties.
17. Nondiscrimination
During the performance of this Agreement, the Grantee and its contractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex. The Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The Grantee and its contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq). The applicable regulations of the Fair Employment and
Page 39 of 112 Housing Commission implementing Government Code Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. The Grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This nondiscrimination clause shall be included in all contracts entered into by the Grantee for the performance of work within the scope of this Agreement.
18. Assignability
Without the written consent of the Conservancy or its successors, the Grantee's interest in, and responsibilities under this Agreement shall not be assignable by the Grantee either in whole or in part.
19. Time of the Essence
Time is of the essence as to the date upon which Grantee has agreed to complete the Scope of Work. With respect to all other dates set forth herein, Grantee shall use best efforts to accomplish the tasks on the specified date.
20. Amendment
Except as otherwise provided herein, no alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement to be incorporated herein shall be binding on any of the parties hereto.
Should an amendment become necessary, a written request must be submitted to the Grant Coordinator no later than ninety (90) days prior to the term of this Agreement. The approval of an amendment is at the sole discretion of the Conservancy and may require additional authorization from the Conservancy’s governing board.
21. Grant Coordinator(s)
Robert Larsen, (or such other person(s) as the Executive Director may designate from time to time), is designated the Conservancy's Grant Coordinator for this grant. The Grantee’s officer with responsibility for administering this Agreement is Mollie Hurt, Activity Lead, or their designee.
22. Conservancy Approvals
All actions and approvals, required to be taken by the Conservancy under this Agreement, may be taken by the Executive Director or a designee.
Page 40 of 112 23. Grantee Approvals
All actions and approvals, required to be taken by the Grantee under this Agreement, may be taken by the Grantee’s Activity Lead, Mollie Hurt, or their designee.
24. Resolution
The signature of the Executive Director or other authorized Conservancy official on this Agreement certifies that the Conservancy, by Resolution no. 21-03-04, granted up to Five Hundred Thousand Dollars ($500,000) to implement Tahoe Keys Offshore Complex Aquatic Invasive Plant Control.
25. Sections and Headings
The headings and captions of the various sections of this Agreement have been inserted only for the purpose of convenience, and are not a part of this Agreement and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this Agreement.
26. Severability
The provisions of this Agreement are intended to be severable, separate, and distinct from each other. If any provision hereof is determined to be invalid or for any reason becomes unenforceable, no other shall be thereby affected or impaired.
27. Entire Agreement
This Agreement, and the attached exhibits, constitutes the entire contract between the parties hereto, relating to the Scope of Work and may not be modified except by an instrument in writing signed by all parties to the Agreement.
Page 41 of 112 EXHIBIT A Scope of Work
Tahoe Keys Offshore Complex Aquatic Invasive Plant Control Location: South Lake Tahoe, CA Timeframe: May 2021 – November 2023
Activity Background
At 104 acres, the Tahoe Keys Offshore Complex (Complex) is the largest known aquatic invasive plant infestation in Lake Tahoe outside of the Tahoe Keys Lagoons and Marina. The 2019 Lake Tahoe Region Aquatic Invasive Species Action Agenda identified this site as a Tier 1 treatment priority.
In 2019, underwater divers conducted a survey to determine the extent of the infestation and mapped the area. In 2020, contractors demonstrated treatment success, removing invasive plants from approximately 1.5 acres.
In 2021, Tahoe RCD plans to continue work to remove aquatic invasive plants from the most densely infested portions of the Complex using diver assisted suction, bottom barriers, and hand pulling.
Work Plan: Tasks, Deliverables, and Schedule
Tasks Deliverables and Schedule
1 Project Management - Conduct all actions Quarterly reports submitted by necessary to successfully plan implementation April 1, July 1, Oct 1, Jan 1 of activities, including: each year documenting:
• permitting a) Permits for project • meetings with dive contractor implementation • coordination with adjacent HOAs b) Meetings and • coordination with funding partners coordination with • equipment procurement contractor and project • data management partners • budget management • reporting c) Quarterly invoices d) Status of project progress (on schedule, behind schedule, or ahead of schedule)
Page 42 of 112 2 Aquatic Invasive Plant Removal – Conduct all Quarterly reports submitted by actions necessary for successful and efficient April 1, July 1, Oct 1, Jan 1 of plant removal, including: each year documenting:
• worksite mobilization a) Results of pre-project • aquatic invasive plant survey plant survey in a geo- • install and remove benthic barriers referenced map • diver-assisted suction and removal • hand removal b) Post-project map of • aquatic plant disposal where plants were • follow-up dive survey to identify and removed remove remaining/sprouting plants c) Number of acres treated • documentation of plant survey findings and spatial extent of plant removal in a geo- referenced map
3 Outreach and Education Quarterly reports submitted by April 1, July 1, Oct 1, Jan 1 of • Highlight project accomplishments each year documenting: • Inform and educate boaters and recreationists of the work occurring 1) Two Facebook and offshore of the Tahoe Keys Instagram posts each year • Share how the public can assist by (June – October 2021, 2022, becoming Eyes on the Lake volunteers and 2023) through the League to Save Lake Tahoe. 2) Story Map highlighting project accomplishments Particular attention will be focused towards Tahoe (October 2023) Keys Property Owners Association members and visitors to the Tahoe Keys Lagoons and Tahoe 3) One pop-up outreach Keys Marina. event/summer featuring funding partners (September 2021, 2022, and 2023)
4) Eyes on the Lake training offered to Tahoe Keys stakeholders (September 2021, 2022, and 2023)
Page 43 of 112 EXHIBIT B Budget Detail
Activity: Tahoe Keys Offshore Complex Aquatic Invasive Plant Control
Grant Budget
The budget has been authorized for a maximum of Five Hundred Thousand Dollars ($500,000).
TASKS TOTAL Task 1 – Activity Management $ 51,962.20 Task 2 - Aquatic Invasive Plant Removal $ 332,500.00 Task 3 – Outreach and Education $ 10,863.60 Equipment and Supplies $ 39,456.81 Subtotal $ 486,744.61
15% Admin $ 65,217.39
Total $ 500,000.00
1. Expenditure of Funds and Allocation of Funding Among Budget Items Except as otherwise provided herein, the Grantee shall expend funds in the manner described in the Grant Budget above. If necessary, the Grantee shall submit a written request to revise the dollar amount of an item which may be increased by up to ten percent (10%) in the Grant Budget through a reallocation of funds from another item(s). The Grantee shall notify the Conservancy in writing at the time of requesting any such reallocation, and shall identify both the item(s) being increased and those being decreased. For any increase of more than ten percent (10%), the Grantee must include a reasonable justification for the reallocation of funds, and shall not proceed without written approval of the change by the Conservancy.
2. Invoicing and Payment A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Grantee for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.
B. Invoices shall be submitted not more frequently than monthly, but no less than quarterly, in arrears to [email protected]. Final invoice must be clearly marked as “Final”.
3. Budget Contingency Clause A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent
Page 44 of 112 years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Grantee to reflect the reduced amount.
C. In the event of termination, the parties agree to take all reasonable measures to prevent further costs under this Agreement, and the Conservancy shall be responsible for any reasonable and non-cancellable (binding) obligations incurred by the District in the performance of this Agreement until notice of termination.
4. Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
Page 45 of 112 EXHIBIT C List of Assurances
By entering into the foregoing Agreement, the Grantee assures and certifies that it will comply with Conservancy regulations, policies, guidelines, conditions, and requirements as they relate to the acceptance and use of Conservancy funds for the Scope of Work. Also, the Grantee gives assurance and certifies with respect to the grant that:
1. Grantee possesses legal authority to apply for and receive the grant funds and that where appropriate, a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required.
2. Grantee has sufficient funds or commitments for sufficient funds to complete the Scope of Work, over and above the portion to be borne by the Conservancy.
3. Except as otherwise provided by law, Grantee will give the Conservancy, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant.
4. Grantee ensures that any publications, studies, reports, or brochures which are made possible by or derived in whole or in part from the Project shall acknowledge the assistance of the Conservancy as follows: "Funding for this project has been provided in part by the California Tahoe Conservancy."
5. Grantee will cause work on the Scope or Work to be commenced within a reasonable time after receipt of notification from the Conservancy that funds have been approved, and will carry the work to completion with reasonable diligence.
6. Grantee agrees to use licensed professionals to perform services under this Agreement where such services are called for including legal, engineering, architectural and environmental sciences, qualified and licensed in the State of California.
7. Grantee shall comply with applicable State laws which may include (1) the Public Contract Code, including the State Contract Act; (2) the payment of workers compensation and where applicable the payment of prevailing wages; (3) building and health and safety code and disabled access law; and (4) the applicable requirements of the California Environmental Quality Act.
8. Grantee certifies that its employees and the officers of its governing body shall avoid
Page 46 of 112 any actual or potential conflicts of interest, and that no officer or employee who exercises any functions or responsibilities in connection with this Agreement shall have any personal financial interest or benefit which either directly or indirectly arises from this Agreement.
Grantee shall establish safeguards to prohibit its employees or its officers from using their positions for a purpose which could result in private gain or which gives the appearance of being motivated for private gain for themselves or others, particularly those with whom they have family, business, or other ties.
Any individual who has participated in planning or setting priorities for a project funding solicitation or who will participate in any part of the grant development and negotiation process on behalf of the public is ineligible to receive funds or personally benefit from funds awarded through that solicitiaton.
Failure to comply with conflict of interest laws, including business and financial disclosure provisions may result in the Agreement being declared void or other legal action.
9. Grantee maintains a drug-free workplace in accordance with Government Code Section 8355 et seq., by doing all of the following:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's or organization's workplace and specifying the actions that will be taken against employees for violations of this prohibition;
(b) Establishing a drug-free awareness program to inform employees about (1) the dangers of drug abuse in the workplace; (2) the person's or organization's policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon employees for drug abuse violations.
(c) Submitting a drug-free workplace certification California State Form STD-21; and
(d) Requiring that each employee engaged in the performance of the agreement to comply with the certification.
Page 47 of 112 EXHIBIT D Request for Disbursement
CALIFORNIA TAHOE CONSERVANCY REQUEST FOR DISBURSEMENT TEMPLATE (Reference Instructions on following page - Failure to follow instructions may result in non-payment) THIS OFFICIAL REQUEST FORMAT MAY NOT BE MODIFIED
From: To: CTC Grant Agreement No: CTA 20 033L
Tahoe Resource Conservation District Accounts Payable Purchase Order No:
870 Emerald Bay Road, Suite 108 California Tahoe Conservancy Grantee Request No.: 20033L-1
South Lake Tahoe, CA 96150 1061 Third Street Billing Period:
(530) 543-1501 South Lake Tahoe, CA 96150
[email protected] Submittal Date: GRANT FUNDS ONLY
Previous Total Expenditures Current Expenditures % of Line Item Budget If Applicable: Match For Grant Allotment to Date Expenditures to Date Spent to Date This Reporting Period Line Items (per line item of N/A) (From previous invoice) Grant Funds Only + = ÷ Grant Allotment = % Only
Project Management $51,962 $0.00 $0.00 $0.00 0.00% $0.00 Aquatic Invasive Plant Removal $332,500 $0.00 $0.00 $0.00 0.00% $0.00
Outreach and Education $10,864 $0.00 $0.00 $0.00 0.00% $0.00
Equipment and Supplies $39,457 $0.00 $0.00 $0.00 0.00% $0.00
Administration 15% $65,217 $0.00 $0.00 $0.00 0.00% $0.00
TOTALS $500,000.00 $0.00 $0.00 $0.00 0.00% $0.00
FOR CTC STAFF Total Amount Due This 10% Withheld (Retention) CTC Initials/Date Request 10% of total grant award will be held until final report is submitted, approved, and project is 100% complete. FOR DGS-CFS STAFF Date Received from DWQ Final Request for Disbursement Date to Accounting CTC Date Stamp DGS-CFS Date Stamp
GRANTEE SIGNATURE
Grantee Project Director or Designated Representative Date By signing this request for disbursement I certify, under penalty of law, that this document and any attachment was prepared by me or under my direction in accordance with the terms and conditions of each Grant Agreement Exhibit and, to the best of my knokwledge and belief, is accurate. I certify that any and all fees due to the California Tahoe Conservancy have been paid. I am aware that there are significant penalties for submitting false or misleading information.
FOR STATE USE ONLY
Grant Manager Date Rev. 2-11-14 I certify that this request for disbursement, to the best of my knowledge and belief, is accurate and complete and I approve payment.
Page 48 of 112 EXHIBIT D Request for Disbursement
Instructions for Grant Program Request for Disbursement Information pertaining to this Grant program request for disbursement template is located in Exhibit B of the executed Grant Agreement.
FOR STATE USE ONLY
Line Item: Line Item listed per Exhibit B - Line Item Budget
Grant Allotment: Amounts allotted to Line Item Budget per Exhibit B of Grant Agreement.
% of Line Item Budget spent to date: Calculation of total expenditures divided by Grant Allotment. Shouldn't exceed 100%
TO BE COMPLETED BY GRANTEE/PROJECT DIRECTOR
Grant Request Number: Assign a sequential grant request for disbursement number, for example: 1, 2, 3.
Billing Period: Enter Billing Period of work performed. Example for quarterly billing: Jan 1, 2015 to Mar 31, 2015. Example for monthly billing: Jan 1, 2015 to Jan 31, 2015.
Date: Enter the Date the request is submitted.
Previous Expenditures to Date: From the last request for disbursement, enter line item amounts from "Total Expenditures to Date." If first request, enter zero (0).
Current Expenditures (Grant Funds Only): Enter the current grant fund charges for this billing period.
Total Expenditures to Date: This is calculated by adding the Previous Expenditures and Current Expenditures.
If Applicable: Match Amount For This Request: COMPLETE ONLY IF MATCH IS INCLUDED IN THE GRANT AGREEMENT BUDGET. Enter the match dollars applied to this billing period.
Total Amount Due This Request: The amount due is the Total Current Expenditures.
Final Request: Check this box for final request for disbursement only.
Grantee Program Director or Designated Representative: Original signature and date (in ink).
FOR STATE USE ONLY Grant Manager: Original signature and date (in ink).
Page 49 of 112 EXHIBIT E Eligible and Ineligible Costs
In general, only costs for items within the Scope of Work and the timeframe of the grant agreement are eligible for payment. Grant funds must be spent consistent with General Obligation Bond Law, Government Code section 16727. Eligible expenses may be incurred by the grantee after the agreement is fully executed.
Eligible activities and expenses include, but are not limited to: o review of existing data o site analysis and base mapping o preliminary project design necessary for environmental documentation o opportunities and constraints analysis o environmental review and documentation (including surveys and other environmental assessments) o project administration o interagency and public coordination and consultation o preliminary specifications and cost estimates o pre-acquisition activities (such as obtaining title reports, appraisals, legal descriptions and initial coordination with the property owners to determine if they are willing sellers) o pre-construction monitoring related to the goals of the project o preparation of permit applications o project management/administration o preparation of contract documents, including final design plans o preparation of grant-required documents o project specifications, engineering, and cost estimates o preparation and processing of permit applications, including SWPPPs o preparation of construction bid packages, project bidding, and award o other relevant costs approved by Conservancy staff
Ineligible activities and expenses include, but are not limited to: o all costs incurred before Conservancy Board authorization of grant award o all costs related to the preparation and submittal of the grant application o staff time to oversee contracted project management services o staff time beyond administration of grant products and requirements o food, refreshments, and decorations o marketing materials o membership fees and associated costs for attendance at conferences o ongoing project site operations and maintenance o travel not expressly identified in the grant budget o disallowance of per diem and mileage expenditures or at levels above State-authorized per diem amounts. Current rates are available online in chapter 700 (Travel) of the California State Administrative Manual o funding for a purchase price above the appraised fair market value o equipment that will be used for purposes that are unrelated to the project
Page 50 of 112 o costs that are not substantially related to the project
Page 51 of 112 EXHIBIT F
REPORTING AND DATA REQUIREMENTS
WEBSITE ACCESSIBILITY In accordance with California’s Assembly Bill 434, documents prepared for publication on California State agency websites must comply with Level AA success criteria found in Web Content Accessibility Guidelines 2.0, or a subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium (Gov. Code, § 11546.7., 7405 and 11135). Visit the California Department of Rehabilitation website for more details: https://www.dor.ca.gov/Home/AB434.
All deliverable documents must be submitted in Adobe PDF format, with a copy of a successful accessibility check report from Adobe Acrobat Pro CC. In addition, all original source documents (MS Office, Adobe Creative Cloud, etc.) must be delivered. For documents originating in Word, the original MS Word document in DOCX format must be provided, using the most recent version of MS Word, with a copy of a successful accessibility check report from Microsoft Word.
QUARTERLY REPORTING · Project Name, CTA# · Date Submitted; Reporting Period; Prepared by · Invoice Number · Summary of work completed during reporting period · Discussion of any challenges or opportunities encountered · Schedule Assessment (describe extent to which project is on track with the submitted schedule) · Financial Analysis (describe extent to which the project costs are consistent with the submitted budget) · Draft products, reports, interim findings, or other relevant data or materials produced · Production Summary Table:
Product Scheduled Actual Amount Total amt. % of total Percent of Status delivery date delivery expended expended budget task complete date this period to date expended to date
ANNUAL EIP REPORTING · Grantees must submit their project to the Environmental Improvement Program (EIP) tracker (https://eip.laketahoeinfo.org/) within three months of grant agreement start date. · Consult with the Tahoe Regional Planning Agency (TRPA) on EIP reporting, tracking, and performance requirements and complete reporting requirements (as applicable).
FINAL REPORTING: ALL GRANTS · Project Name, CTA# · Date Submitted; Prepared by · Brief summary of the objectives of the project and how these objectives were accomplished
Page 52 of 112 · Findings, conclusions, data or recommendations for follow-up or ongoing activities · Financial Analysis (Final project costs for all funding sources; e.g., identify cost overruns compared to the approved budget, any cost savings, unused funding to be returned, etc.) · Statement, if applicable, of future intent of public and/or private support to maintain or further develop the project, including proposed submittal dates for future funding · Media coverage, as well as all promotional and educational materials produced · Workplan work products and data, including public and agency meeting summaries (electronic)
FINAL REPORTING: IMPLEMENTATION GRANTS · Project Name, CTA# · Date Submitted; Prepared by · Recorded Notice of Completion · As-Built or Record drawings · First year and second year post construction monitoring reports. These reports include photographs (prints and electronic data) of the completed project, with labels or annotations showing dates of photographs and briefly describing the subject of each picture. · If applicable, water quality monitoring data and an analysis of the significance of this data in regard to the effectiveness of the site improvements in improving water quality.
ANNUAL EIP REPORTING · Grantees must submit their project to the Environmental Improvement Program (EIP) tracker (https://eip.laketahoeinfo.org/) within three months of grant agreement start date. · Consult with the Tahoe Regional Planning Agency (TRPA) on EIP reporting, tracking, and performance requirements and complete reporting requirements (as applicable).
METADATA STANDARD The standard for GIS metadata in the State of California will adhere to the Federal Geographic Data Committee (FGDC) Standard. Organizations are free to develop, edit and enhance their organizational metadata based on the full FGDC standard, but as a minimum, the California Minimum Metadata Data Standard will provide organizations that ability to comply and document GIS data with the elements outlined below. The FGDC Standard and the California Minimum Metadata Standard will apply to all authoritative and finalized GIS data products – to include both Raster and Vector data formats.
Abstract: Briefly describe what the dataset is about (who, what, where, when). Include any limitations of the dataset, assumptions made, and if there is anything special that the user of these data should be aware of.
Name: Uniquely identifies the dataset
Purpose: Briefly describe why the dataset was created.
Date: The date or range of dates when the data were gathered, or the date the photos, maps or other items at the core of the data set, were created.
Page 53 of 112 Contact: Contact information for an individual or organization that is knowledgeable about the data set. Include:
Organization’s Name: Program, administrative unit, and agency, company, or group name Telephone Number: Including Area Code E-Mail address: (Generic email address)
Field Definitions: List and define each field,
Abbreviation Definitions: For any field that contains numeric or alphabetic codes (e.g., SAC = Sacramento County), list each code/abbreviation and provide an unabbreviated definition.
Access/Use Constraints: Is there a need to limit who has access to see or read this dataset? If so, specify. If not, put “None”. Also include how the data should be cited, if you want something specific.
Distribution: Define distribution constraints. Also designate the location of the data. If the data is distributed as a web service or end point, provide the url or link to the service
Progress: Complete or Incomplete.
Update Frequency: Possible values are: Continually, Daily, Weekly, Monthly, Annually, Unknown, As Needed, Irregular, None Planned, or …..
Projection: What is the Projected Coordinate System name? Please define the complete projection information for your data here
Datum Which Datum is the projection in? NAD83 (GCS_North_American_1983) (preferred) NAD27 (GCS_North_American_1927) WGS84 (WGS_1984)
Page 54 of 112 ISO Topic Category and Category Code:
Farming 001 Biota 002 Boundaries 003 Climatology/ Meteorology/ Atmosphere 004 Economy 005 Elevation 006 Environment 007 Geoscientific Information 008 Health 009 Imagery/BaseMaps/ EarthCover 010 Intelligence/Military 011 Inland Waters 012 Location 013 Oceans 014 Planning / Cadastre 015 Society 016 Structure 017 Transportation 018 Utilities / Communication 019
Keywords: keyword tags that define the data. Example: Forest Cover – trees, canopy, woodland, coniferous, etc…
Page 55 of 112 EXHIBIT G
MANDATORY INSURANCE PROVISIONS
Does not apply to State of California and Nevada Departments – Applies to ALL Subcontractors
INSURANCE. Throughout the time period of this agreement, the CONTRACTOR shall provide the following minimum insurance coverage as listed below. Contemporaneous with the signing of this agreement, the CONTRACTOR shall file with a Certificate of Insurance, with a Best's Rating of no less than A:VII for Professional Liability Insurance and A:V for all other insurance showing. Documentation of such rating shall be provided at the same time Insurance Certificates are submitted.
In the event any policy is canceled prior to the completion of the project and the CONTRACTOR does not furnish a new certificate of insurance prior to cancellation, the insurance shall be obtained on Contractor’s behalf and the cost of the premium(s) shall be deducted from contract monies due the CONTRACTOR.
Worker's Compensation and Employers Liability Insurance:
By their signature hereunder, as CONTRACTOR, each person signing this agreement on behalf of the CONTRACTOR certifies that he or she is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and he or she will comply with such provisions before commencing the performance of the work of this contract.
If such insurance is underwritten by any agency other than State Compensation Fund, such agency shall be a company authorized to do business in the State of California.
Worker's Compensation Insurance shall be provided as required by any applicable law or regulation. Employer's liability insurance shall be provided in amounts not less than ONE MILLION DOLLARS ($1,000,000) each accident for bodily injury by accident, ONE MILLION DOLLARS ($1,000,000) policy limit for bodily injury by disease, and ONE MILLION DOLLARS ($1,000,000) each employee for bodily injury by disease.
If there is an exposure of injury to CONTRACTOR’S employees under the U.S. Longshoremen's and Harbor Worker's Compensation Act, the Jones Act, or under laws, regulations, or statutes applicable to maritime employees, coverage shall be included for such injuries or claims.
Each Worker's Compensation policy shall be endorsed with the following specific language:
Cancellation Notice - "This policy shall not be canceled or materially changed without first giving thirty (30) days' prior written notice to California Tahoe Conservancy"
CONTRACTOR shall require all SUBCONTRACTOR to maintain adequate Workers’ Compensation insurance. Certificates of Workers' Compensation shall be submitted upon demand.
Page 56 of 112
General Liability Insurance:
CONTRACTOR shall maintain Comprehensive General Liability or Commercial General Liability insurance covering all operations by or on behalf of CONTRACTOR, providing insurance for bodily injury liability and property damage liability for the limits of liability indicated below and including coverage for:
(1) Contractual liability insuring the obligations assumed by CONTRACTOR in this Agreement.
One of the following forms is required:
(1) Comprehensive General Liability; (2) Commercial General Liability (Occurrence); or (3) Commercial General Liability (Claims Made).
If CONTRACTOR carries a Comprehensive General Liability policy, the limits of liability shall not be less than a Combined Single Limit for bodily injury, property damage, and Personal Injury Liability of:
♦ TWO MILLION DOLLARS ($2,000,000) each occurrence ♦ TWO MILLION DOLLARS ($2,000,000) aggregate
If CONTRACTOR carries a Commercial General Liability (Occurrence) policy:
(1) The limits of liability shall not be less than:
♦ TWO MILLION DOLLARS ($2,000,000) each occurrence (combined single limit for bodily injury and property damage) ♦ TWO MILLION DOLLARS ($2,000,000) Personal Injury Liability ♦ TWO MILLION DOLLARS ($2,000,000) for Products-Completed Operations ♦ TWO MILLION DOLLARS ($2,000,000) General Aggregate
(2) If the policy does not have an endorsement providing that the General Aggregate Limit applies separately, or if defense costs are included in the aggregate limits, then the required aggregate limits shall be THREE MILLION DOLLARS ($3,000,000).
Special Claims-Made Policy Form Provisions:
CONTRACTOR shall not provide a Commercial General Liability (Claims Made) policy without the express prior written approval which consent, if given, shall be subject to the following conditions:
(1) The limits of liability shall not be less than:
♦ TWO MILLION DOLLARS ($2,000,000) each occurrence (combined single limit for bodily injury and property damage)
Page 57 of 112 ♦ TWO MILLION DOLLARS ($2,000,000) aggregate for Products Completed Operations ♦ TWO MILLION DOLLARS ($2,000,000) General Aggregate
(2) The insurance coverage provided by CONTRACTOR shall contain language providing coverage up to six (6) months following the completion of the contract in order to provide insurance coverage for the hold harmless provisions herein if the policy is a claims-made policy.
Conformity of Coverage:
If more than one policy is used to meet the required coverage, such as a separate umbrella policy, such policies shall be consistent with all other applicable policies used to meet these minimum requirements. For example, all polices shall be Occurrence Liability policies or all shall be Claims Made Liability policies, if approved as noted above. In no cases shall the types of policies be different.
Endorsements:
Each Comprehensive or Commercial General Liability policy shall be endorsed with the following specific language:
1) “______and the State of California, California Tahoe Conservancy, its officers, agents, employees, and volunteers are to be covered as insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement."
2) "The insurance provided by the CONTRACTOR, including any excess liability or umbrella form coverage, is primary coverage with respect to any insurance or self- insurance programs maintained by ______and no insurance held or owned by the California Tahoe Conservancy shall be called upon to contribute to a CONTRACTOR loss. This policy shall not be canceled or materially changed without first giving thirty (30) days' prior written notice to California Tahoe Conservancy.
Additional Liability Insurance
CONTRACTOR . shall maintain automobile liability insurance covering bodily injury and property damage in an amount no less than two million dollars ($2,000,000) combined single limit for each occurrence.
Covered vehicles shall include owned, non-owned, and hired automobiles, trucks, and other vehicles.
Professional Liability Insurance (Errors & Omissions):
CONTRACTOR shall maintain Professional Liability Insurance for Errors and Omissions coverage in the amount of not less than ONE MILLION DOLLARS ($1,000,000). If the policy does not have an endorsement providing that defense costs are excluded in the aggregate limits, then the required aggregate limits shall be TWO MILLION DOLLARS ($2,000,000).
Page 58 of 112 Additional Requirements
Premium Payments: The insurance companies shall have no recourse against the California Tahoe Conservancy and funding agencies, its officers and employees or any of them for payment of any premiums or assessments under any policy issued by a mutual insurance company.
Policy Deductibles: The CONTRACTOR shall be responsible for all deductibles in all of CONTRACTOR’S insurance policies. The amount of deductibles for insurance coverage required herein should be reasonable and subject to Grantor approval.
CONTRACTOR’S Obligations: CONTRACTOR’S indemnity and other obligations shall not be limited by the foregoing insurance requirements and shall survive the expiration of this agreement.
Material Breach: Failure of the CONTRACTOR to maintain the insurance required by this agreement, or to comply with any of the requirements of this section, shall constitute a material breach of the entire agreement.
Page 59 of 112 Page 60 of 112 Page 61 of 112 Page 62 of 112 Page 63 of 112 Tahoe Resource Conservation District Staff Report
Date: May 5, 2021
To: Tahoe RCD Board of Directors
From: Nicole Cartwright, Executive Director
Application for Expendable Fund with El Dorado Community Foundation
Recommendation: It is recommended that the Board approve filing an application with El Dorado Community Foundation to start an Expendable Fund investment account to benefit Johnson Meadow land management. It is also recommended that the Board issue $10,000 from reserves to establish the new funds initial deposit requirement.
Discussion: In February, Tahoe RCDs Revenue Development Committee (Committee) discussed the potential options for stimulating revenue for the long-term land management needs for Johnson Meadow. The Board agreed to initiate a formal agreement with El Dorado Community Foundation to start an investment account to benefit Johnson Meadow land management.
Here are some things to review, discuss and provide guidance to staff to complete the set up of a fund with El Dorado Community Foundation. 1. The Fund requires an initial deposit of $10,000. This can be from Tahoe RCD reserves. Tahoe RCD legal confirmed that this seed funding is not a gift and serves a “public purpose”. 2. The Fund requires a “NAME” something simple that identifies the purpose, i.e., Johnson Meadow Management 3. The Fund requires a “PURPOSE” statement – broad enough to cover what the available funds can be used for (GRANTS). i.e., The purpose of these funds is to support land management and restoration needs of Tahoe RCD’s properties, collectively called Johnson Meadow. 4. The Fund requires that “ADVISORS” be named to authorize grants. Recommend two people and it could be named by title, i.e., Board President, Board Treasurer or Executive Director. 5. Administration fee will be 3% Annual Percentage Rate of grants made or $300 annually whichever is greater, of the quarterly grants, booked each quarter. 6. Designate who should receive the annual Fund Statements showing the activity and amount Available to Spend. Tahoe RCD can call at any time to check on the current balance, get information, or advice from El Dorado Community Fund staff. 7. Once the fund is set up, donors can donate via credit card through El Dorado Community Fund and Tahoe RCD websites.
Attachments: 1. Fund Agreement (template) 2. Terms and Conditions: Provisions Governing all Funds of The El Dorado Community Foundation (Document 1) 3. Terms and Conditions: Provisions Governing Expendable Funds of the El Dorado Community Foundation (Document 2) 4. Chart of Endowment vs Expendable Fund
We Do Conservation tahoercd.org Page 64 of 112
THE ______FUND
An Expendable Field of Interest Fund of the El Dorado Community Foundation
FUND AGREEMENT
1. NAME AND PURPOSE
______(“Donors”) hereby establish the ______(Fund”) as a component fund under the administration of the El Dorado Community Foundation (“Community Foundation”). The Fund is established ______..
2. FUND TYPE
This is an expendable fund subject to the provisions of Documents 1 and 3.
3. DONATIONS
Donations of any size may be made to this Fund at any time. All gifts to the fund are irrevocable.
4. APPLICABLE TERMS AND CONDITIONS
The terms and conditions governing the Fund are contained in Documents 1 and 3: Provisions Governing All Funds of the Community Foundation and Provisions Governing Expendable Funds of the Community Foundation. These documents are attached to and constitute part of this fund agreement.
Any materials designed to raise money for the Fund or to otherwise publicize this Fund must be submitted in writing for review and approval of the Community Foundation. This includes materials in written or electronic or designed for broadcast.
1 | P a g e EDCF 1/2011
Page 65 of 112
5. GRANTS
The Community Foundation’s Board of Directors will make grants from this Fund to support the charitable purposes described in Section 1, subject to the provisions of Documents 1 and 3. During their lifetimes, or for as long as they are willing and able, the Donors will have the right to advise the Community Foundation regarding distributions from this Fund, and to make recommendations on grants from the Fund. If no advisors are able and willing to act, the Community Foundation shall make decisions without advisors.
After the Donors’ lifetime, or when they are no longer willing or able to make recommendations, the Community Foundation’s Board of Directors will make distributions from this fund to support the charitable interests noted in Section 1.
All grants must be approved by the Community Foundation’s Board of Directors.
Authorized Signers for Fund
By: ______Date
By: ______Date
EL DORADO COMMUNITY FOUNDATION
By: ______William J. Roby, Executive Director Date
2 | P a g e EDCF 1/2011
Page 66 of 112
Description of Property
Initial Deposit:
Mailing Address for Fund Statements:
Fund Advisors (include address and email):
3 | P a g e EDCF 1/2011
Page 67 of 112 TERMS AND CONDITIONS
DOCUMENT 1
PROVISIONS GOVERNING ALL FUNDS OF THE EL DORADO COMMUNITY FOUNDATION
The following terms and conditions of this “Document 1” govern all funds of the El Dorado Community Foundation, regardless of their nature (Geographical, Scholarship, Special Project, Committee, Donor-Advised, Agency, Field of Interest, or Designated Agency), or designation (Permanently Endowed or Expendable).
1. Funds as Component Parts of the Community Foundation
All funds created under the terms and conditions described in this document are intended to be, and will be administered as, funds of El Dorado Community Foundation under Treasury Regulations, “Section 1.170A-9(f)(11)” As these Treasury regulations require, and as the articles of incorporation and the bylaws of the Community Foundation set forth, all component funds are specifically subject to the powers of the Community Foundation’s Board of Directors as the governing body of a community trust. Such powers include the power to modify any restriction or condition of any component fund in the event that this restriction or condition becomes, in effect, unnecessary, incapable of fulfillment, or inconsistent with the needs of the community served by the Community Foundation.
2. Criteria Governing All Funds
All parties to a fund agreement will ensure that the fund being established meets the following criteria. The fund is (a) compatible with the Community Foundation’s purposes and approaches; (b) consistent with the Community Foundation’s tax-exempt status; (c) established with gift instruments acceptable to the Community Foundation’s Board of Directors; and (d) contributions to it and distributions from it can be managed cost-effectively.
3. Additional Contributions to Funds
Anyone may make additional contributions to any fund, subject to the Community Foundation’s approval. The Community Foundation’s Board of Directors may, at its sole discretion, refuse any additional contributions that it finds unacceptable. Additional contributions accepted by the Board of Directors will be subject to the terms and conditions detailed in this and any other relevant document(s).
1 | P a g e EDCF D O C U M E N T 1 - 6/19
Page 68 of 112
4. Holding Assets of Funds
For the purposes of investment, the Community Foundation does not need to segregate the assets of any single fund from the assets of the Community Foundation’s other component funds but may choose to do so.
However, if a fund’s assets are pooled with those of other funds for investment purposes, the Community Foundation’s Board of Directors will keep a separate account of that fund’s assets, and all investment earnings on its assets (including interest, capital appreciation, and dividends-net of investment fees) will be credited to that fund. All earnings are automatically reinvested unless specifically addressed in another section of the fund agreement.
5. Administrative Fees
“Document 2,” which details the terms and conditions specifically governing permanent, endowed funds, and “Document 3,” which specifically governs expendable funds, discuss the fees for endowed and expendable fund respectively. This fee is applied to the general operating costs of the Community Foundation, and covers the following expenses associated with the administration of the fund: ✓ Customized fund design ✓ Investment/asset management services (quarterly fund statements, monitoring investment performance, setting and reviewing investment policies)
✓ Administrative services (IRS reporting, acknowledgement of gifts for tax purposes)
✓ Donor Services including: • One-on-one (or family) sessions to help donors create a social investment strategy or further refine their giving approach for maximum impact • Ability to give anonymously • Due diligence on all grant recommendation ✓ Periodic, detailed accountings to Donors, itemizing contributions, grants, and net earnings/loss
✓ As appropriate, addressing pressing community needs or important civic issues through convening community leaders and targeted initiatives
✓ Attracting funds from larger private foundations and other outside sources
2 | P a g e EDCF D O C U M E N T 1 - 6/19
Page 69 of 112
If the Community Foundation determines that the actual costs of administering any given fund exceed the fee set forth by the terms of its fund agreement, then the Community Foundation may modify the administrative fee based on such actual costs. This modification would be done in consultation with the fund’s donor(s). Examples of such exceptional costs for administering funds could be legal fees incurred by the Community Foundation related to a particular fund, costs related to the sale of donated assets, a high volume of receipts to a fund, a high volume of disbursements from a fund, designing a special grants program, an exceptional amount of research before making grants, or intensive tracking and evaluation of grantees after making grants.
Except for such special cases involving exceptional costs, the fees charged to all funds will be equitable* -- i.e., the fee charged to any one fund will be equivalent to the fee charged to other, similar funds of the Community Foundation.
Fees for management of each fund’s assets by outside investment managers and custodians will be deducted at cost from the fund’s gross earnings, before the earnings are credited to the fund’s account.
Donors are responsible for payment of all fees to their professional advisors (attorney, accountant, financial advisor, etc.) involved in the set-up of their fund.
6. Inactive Funds
A fund is deemed inactive if no recommendations are made with respect to grants from the fund for a period of three years and, during such period, the advisor or successor advisor does not reply to the Foundation’s attempts to contact them.
The fund will also be deemed inactive if after three years either of the following occurs: a) the fund advisor dies or resigns or evidence of his or her incapacity is provided to the Foundation, and if no successor advisor has been named; or b) all named successor advisors are unable or unwilling to serve as such.
If the fund becomes inactive, the Foundation will deem the advisory period to have ended and will initiate distributions from the fund in accordance with the provisions of the fund agreement.
.end
3 | P a g e EDCF D O C U M E N T 1 - 6/19
Page 70 of 112 TERMS AND CONDITIONS
DOCUMENT 3
PROVISIONS GOVERNING EXPENDABLE FUNDS OF THE EL DORADO COMMUNITY FOUNDATION
In addition to the terms and conditions governing all funds of the El Dorado Community Foundation (Document 1), the following terms and conditions specifically apply to Expendable funds:
1. Distributions
The Community Foundation’s Board of Directors may, with the advice of an expendable fund’s donor(s), expend down a fund consistent with the donors charitable intent.
2. Investment Policy and Administrative Fees
The Community Foundation will invest the assets of an expendable fund and determine administrative fees to that fund based on an assessment of the nature of the fund and amount of time an expendable fund is expected to be open. Because expendable funds are established for a wide variety of donors, including both individuals and organizations, and because they may be short-term or longer-term, the Community Foundation has adopted a policy of investing the assets of these funds in two ways, depending on the amount of time the expendable fund is expected to be open.
1) For shorter-term funds (less than 12 months), or in cases where monies will be contributed and regranted within a short period of time, the Community Foundation may deposit the assets of the fund in a money-market account to maximize their liquidity and to protect the fund balance. The Community Foundation’s staff will review this and other options with the donor at the time the fund is established and based on the goals of the fund, jointly determine the most appropriate investment vehicle.
2) For longer-term funds (more than 12 months), or in cases where monies will be contributed and re-granted over a long period of time, the Community Foundation may invest expendable fund assets along with endowment (or permanent) fund assets.
The Community Foundation assesses an administrative fee on each expendable fund.
1 | P a g e E D C F 1 2 / 0 4
Page 71 of 112 All Donor Advised Funds Require a $10,000 initial deposit Earnings are calculated and allocated quarterly
Endowment Fund Expendable Fund
Invested long term to preserve balance Funds are on deposited for immediate and for highest investment return. granting activity.
Principal balance is held by Foundation Grants are immediately available up in perpetuity. to the amount of the balance in the fund.
Must be on deposit for one calendar year starting September 30th before Administration fee is 3.0% APR of total grants can be authorized. grants or $300 whichever is greater.
Grants available are calculated at 4% of balance after net earnings. Amounts not granted are rolled into the next year’s available to grant.
Administration fee is 1.5% APR booked quarterly.
* See EDCF Frequently Asked Questions and Disclosures for detail on grant eligibility.
Page 72 of 112
MEMO
DATE: April 5, 2021
TO: Special District Selection Committee
FROM: José C. Henríquez, Executive Officer
SUBJECT: Instant Runoff Election of Regular Special District Representatives to El Dorado LAFCO
Election of Special District Representatives to LAFCO
Thank you for submitting nominations for the Special District Representatives election. At the time a minimum number of ballots are received to establish a quorum, in order to be selected as a LAFCO Representative, a nominee must receive more than fifty-percent (50%) of the submitted votes. If none of the candidates receive the necessary majority of votes, LAFCO will conduct an “instant runoff election” in the interest of avoiding the additional costs of a runoff election. An informational explanation describing this election process is included for your convenience. Also enclosed with this memo you will find a ballot and a copy of each candidate’s Statement of Qualifications received as of the date of this memo. Please note that there are two regular (voting) seats that are up for election. Whomever receives the highest number of votes in this election will serve as the regular member for a new four-year term. The second top vote getter will serve as a regular member of a two-year term. Should Michael Saunders, who currently serves as the current special district alternate, be elected to one of the two regular seats, then the third highest vote getter becomes the new alternate special district member to LAFCO for a two-year term. Please take the opportunity to fill out the ballot, ranking each nominee in the order of preference using “1” for your first preference, “2” for second, and so on. It is okay to vote for only one person; however, ranking additional candidates will not help defeat your first- choice candidate. Please do not mark the same number beside more than one candidate and do not skip numbers.
Page 73 of 112 The nominees, in alphabetical order, are: 1) Robert “Bob” Chigazola 2) Tim Palmer 3) Michael Saunders 4) Monique Scobey 5) Brian Veerkamp 6) Tim White
Election Deadline The voting period will be 86 days from April 5, 2021; all votes are due in writing on or before 5:00 pm on June 30, 2021. Voting will cease on this date or whenever a quorum of special districts is reached, whichever occurs later. Please do not forget to have the presiding officer (Board President or Chair) of the board meeting in which you made your selection sign the returned ballot. Signature on Returned Ballot If the presiding officer is unable to vote, the legislative body of the district may designate another board member to cast the ballot in place of the presiding officer. Board members designated by their district board to vote in place of the presiding officer should provide that authorization (in the form of a resolution or minute order) to LAFCO no later than the time the ballot is cast. District managers or other staff members may not substitute their signature for the presiding officer’s signature. Additionally, if the presiding officer has changed since the last Special District Representative Election, please provide supporting documentation to LAFCO about the change so that LAFCO staff can update its records. If any of these requirements are not met, the ballot will be considered invalid. Thank you for your time and please feel free to contact me or any member of my staff at (530) 295-2707, if you have any questions.
Page 74 of 112 INSTANT RUNOFF ELECTION PROCESS
Introduction The following procedure implements the instant runoff voting method for determining the winner in a fictional “Central Division Director” election. A process, similar to the one explained below, will be utilized in determining the LAFCO Special District representative(s). Ballot Specifications and Directions to Voters A voting ballot shall allow a voter to rank candidates for the Central Division Director in order of choice. All candidates are listed on the ballot with one additional slot for a write- in candidate. The voter may include no more than one write-in candidate among his/her ranked choices. Directions provided to voters shall conform substantially to the following specifications: Vote for candidates by indicating your first-choice candidate, your second-choice candidate and so on. Indicate your first choice by marking the number "1" beside a candidate's name, your second choice by marking the number "2" by that candidate's name, your third choice by marking the number "3," and so on, for as many choices as you wish. You are free to rank only one candidate, but ranking additional candidates cannot help defeat your first-choice candidate. Do not mark the same number beside more than one candidate. Do not skip numbers. Ballot Counting The ballots cast shall be tabulated and the result declared by the Central Division Election Coordinator after review by the Central Division Election Review Committee using the following procedure: • The first choice marked on each ballot shall be counted. If any candidate receives a majority of the first choices, that candidate shall be declared elected. • If no candidate receives a majority of first choices, the candidate who received the fewest first choices shall be eliminated and each vote cast for that candidate shall be transferred to the next-ranked candidate on that voter's ballot. If, after this transfer of votes, any candidate has a majority of the votes from the continuing ballots, that candidate shall be declared elected. • If no candidate receives a majority of votes from the continuing ballots after a candidate has been eliminated and his/her votes have been transferred to the next- ranked candidate, the continuing candidate with the fewest votes from the
Page 75 of 112 continuing ballots shall be eliminated. All votes cast for that candidate shall be transferred to the next-ranked continuing candidate on each voter's ballot. This process of eliminating candidates and transferring their votes to the next-ranked continuing candidates shall be repeated until a candidate receives a majority of the votes from the continuing ballots. This candidate shall be declared elected. Example: Three candidates: Smith, Jones and Marks 60 voting cards are submitted: • Smith is ranked 1 by 25 voters • Jones is ranked 1 by 20 voters • Marks is ranked 1 by 15 voters In the first round no one receives a majority, 31 votes Thus, Marks is eliminated and those cards that had Marks ranked 1 is reviewed for their second choice. • Smith is ranked 2 on 10 of the of the 15 cards • Jones is ranked 2 on 3 of the 15 cards. Thus, Smith wins with 35 votes and Jones is second with 23 votes. Note: Only 13 votes were counted in round two because two of the Marks cards only had first choices.
Page 76 of 112 ELECTION BALLOT Tahoe RCD Special District Representative to LAFCO Regular Seats
The election ends on JUNE 30, 2021 at 5:00 p.m. or until a quorum of Special District ballots is received, whichever occurs later.
Rank the nominees in preferential order, “1” being the first preference, “2” being the second, and so on. Name, District Ranking Robert “Bob” Chigazola, Grizzly Flats Community Services District 1 2 3 4 5 Tim Palmer, Georgetown Divide Resource Conservation District 1 2 3 4 5 Michael Saunders, Georgetown Divide Public Utility District 1 2 3 4 5
Monique Scobey, Cameron Park Community Services District 1 2 3 4 5 Brian K. Veerkamp, El Dorado Irrigation District 1 2 3 4 5 Tim White, El Dorado Hills County Water District (EDH Fire) 1 2 3 4 5
District has decided not to vote in this election (please circle ) N O V O T E
SIGNATURE OF PRESIDING OFFICER (Original Signature Required):
______Note: Presiding Officer is the Chair/President. Any other signature invalidates this ballot.
PRINTED NAME OF PRESIDING OFFICER (Required): Email to: [email protected] OR ______Mail to: El Dorado LAFCO 550 Main Street, Suite E AGENDA ATTACHED (Optional): Yes ____ No ____ Placerville, CA 95667 IMPORTANT Please return this ballot with or without a vote. If you choose not to vote, the presiding officer’s signature is still required.
Page 77 of 112 LOCAL AGENCY FORMATION COMMISSION 550 Main Street, Suite E. Placerville, CA 95667 (530) 295-2707 · [email protected] · www.edlafco.us
SPECIAL DISTRICT NOMINATION
Special District Representative to LAFCO
Position Nominee's Name Originating District Grizzly Flats Director Robert Chigazola Community Services District
Note: Presiding Officer is the Chair/President. Any other signature invalidates this ballot, unless accompanied by Meeting Minutes designating an alternate.
PRINTED NAME OF PRESIDING OFFICER: __S_h_er_ry_M_c_K_ill_o_p __ (Required)
NAME OF NOMINATING DISTRICT: Grizzly Flats Community Services District
MINUTES ATTACHED (Optional): YesD No~
Nominations must be received by LAFCO before 5:00 p.m. on February 15, 2021
Return to:
LAFCO 550 Main Street, Suite E Placerville, CA 95667
C:\Users\Kim\Downloads\2021 May SOE Nomination Ballot.docx COMMISSIONERS Public Member: Michael Powell • Alternate Public Member: Holly Morrison City Members: Cody Bass, Michael Saragosa • Alternate City Member: Kara Taylor County Members: John Hidahl, Wendy Thomas • Alternate County Member: George Turnboo Special District Members: Tim Palmer, Vacant • Alternate Special District Member: Michael Saunders STAFF Jose C. Henrfquez, Executive Officer• Erica Sanchez, Assistant Executive Officer Malathy Subramanian, Commission Counsel Page 78 of 112 Grizzly Flats Community Services District 4765 Sciaroni Road / P.O. Box 250 Grizzly Flats, CA 95636 Ph: 530/622-9626 Fax: 530/622-4806 www.grizzlyflatscsd.com
Statement of Qualifications for LAFCO Special District Representative Bob Chigazola, Director Grizzly Flats Community Services District
I have lived in El Dorado County for 15 years now; five in Grizzly Flat and 10 in Somerset. I have worked in marketing my entire career. During this time, I have worked on and with budgets in the private sector and governmental agencies. My wife works for El Dorado Community Health and we enjoy living here. It is my great pleasure to give back to and be a part of the community.
Page 79 of 112 Grizzly Flats CSD is an equal opportunity provider and employer.
DocuSign Envelope ID: FD6C75EB-2314-4074-A124-8644E849F4EF
President Tim Palmer Georgetown Divide RCD
David Delongchamp
Georgetown Divide Resource Conservation District
X
Page 80 of 112 Tim Palmer Board of Directors, Georgetown Resource Conservation District Statement of Qualifications
Tim Palmer is the President of the Georgetown Resource Conservation District Board and the Chair of LAFCO. He retired from teaching this last year. He has spent time as a volunteer fireman as well as a board member for the Auburn Lake Trails Association. He has served on the Cool Charity Board for many years helping local youth. He earned a masters degree in political science, not because he is political, but because it would allow him an understanding of how to do a better job with the running of our communities in a state and national context. The needs of each of our special districts are varied and our desires for our differing communities are great. He believes we all give our time and energies in places we feel we can be effective toward positive changes. All of us who serve the communities where we live are a part of making things better. Our lives are richer when we give to others. He cares a great deal about how our county is run and the interaction of all of our special districts and their work in making our county a safe and wonderful place to live. We all know that the time we spend to help our communities is important. All that we do helps to reinforce the goodwill of friends, families and neighbors.
Page 81 of 112 El Dorado & Georgetown Divide Resource Conservation Districts District Special Meeting
January 12, 2021
7:00 p.m.
M I N U T E S
Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/962662669
You can also dial in using your phone. United States: +1 (786) 535-3211
Access Code: 962-662-669
CALL TO ORDER
Georgetown Divide RCD Board President T. Palmer called the Meeting to order at 7:07 P.M. with the following directors and staff in attendance: Directors – T. Palmer, B. Bennett, R. Griffiths, A. Smallwood and D. Delongchamp. Staff – B. Fuller (NRCS) and M. Egbert who served as recorder.
El Dorado County RCD Board President C. Mitchell called the Meeting to order at 7:17 P.M. with the following directors and staff in attendance: Directors – C. Mitchell, C. Flores and J. James. Staff: B. Fuller (NRCS) and M. Egbert who served as recorder.
OATH OF OFFICE:
GD: It was approved under unanimous consent to authorize Board Member D. Delongchamp to administer the Oath of Office to Director R. Griffiths. Motion Carried.
Yes: 5 – T. Palmer, B. Bennett, D. Delongchamp, A. Smallwood, R. Griffiths. Noes: 0. Abstain: 0. Absent: 0.
ED: Secretary C. Flores to administer the Oath of Office to Director J. James. Motion Carried.
Yes: 3 – C. Mitchell, C. Flores, J. James. Noes: 0. Abstain: 0. Absent: 2 – D. Pierce, F. Schurr.
Page 82 of 112 ADOPTION OF AGENDA
GDRCD: It was moved by A. Smallwood and seconded by D. Delongchamp to adopt agenda. Motion Carried.
Yes: 5 – T. Palmer, B. Bennett, D. Delongchamp, A. Smallwood, R. Griffiths. Noes: 0. Abstain: 0. Absent: 0.
EDRCD: It was moved by C. Flores and seconded by J. James to adopt agenda. Motion Carried.
Yes: 3 – C. Mitchell, C. Flores, J. James. Noes: 0. Abstain: 0. Absent: 2 – D. Pierce, F. Schurr.
APPROVAL OF MEETING MINUTES:
ED: El Dorado Resource Conservation District Meeting Minutes of December 1, 2020. It was moved by C. Flores and seconded by J. James to adopt meeting minutes. Motion Carried.
Yes: 3 – C. Mitchell, C. Flores, J. James. Noes: 0. Abstain: 0. Absent: 2 – D. Pierce, F. Schurr.
GD: Georgetown Divide Resource Conservation District Meeting Minutes of December 21, 2020. It was moved by R. Griffiths and seconded by A. Smallwood to adopt meeting minutes. Motion Carried.
Yes: 5 – T. Palmer, B. Bennett, D. Delongchamp, A. Smallwood, R. Griffiths. Noes: 0. Abstain: 0. Absent: 0.
AUDIENCE QUESTIONS & STATEMENTS:
1) B. Fuller (NRCS) provided an update on NRCS programs and the status of the District Conservationist position since the retirement of D. Marquis.
CONSENT CALENDAR (START)
GD: 1) Kelsey Fuels Reduction Project 19SFA143981 - Request for Proposals. Board to authorize Request for Proposals.
ED: 1) FA50 PHB – Copperton Unit - Request for Proposals. Board to authorize Request for Proposals.
Page 83 of 112 2) FA50 PHB – USFS Camino-Pollock Pines Unit - Request for Proposals. Board to authorize Request for Proposals.
CONSENT CALENDAR (END)
ED: It was moved by C. Flores and seconded by J. James to adopt items presented on the consent calendar. Motion Carried.
Yes: 3 – C. Mitchell, C. Flores, J. James. Noes: 0. Abstain: 0. Absent: 2 – D. Pierce, F. Schurr.
GD: Georgetown Divide Resource Conservation District Meeting Minutes of December 21, 2020. It was moved by B. Bennett and seconded by R. Griffiths to adopt items presented on the consent calendar. Motion Carried.
Yes: 5 – T. Palmer, B. Bennett, D. Delongchamp, A. Smallwood, R. Griffiths. Noes: 0. Abstain: 0. Absent: 0.
JOINT NEW BUSINESS:
1) Election of Special District Representative to El Dorado LAFCO Nominations for Special District Commissioner. Board to nominate representative to El Dorado LAFCO.
GD: It was moved by D. Delongchamp and seconded by R. Griffiths to nominate T. Palmer as representative to El Dorado LAFCO. Motion Carried.
Yes: 5 – T. Palmer, B. Bennett, D. Delongchamp, A. Smallwood, R. Griffiths. Noes: 0. Abstain: 0. Absent: 0.
ED: No Action Taken.
2) Professional Services Agreement for Internal Controls and Procedures to Enhance the Districts Accounting and Bookkeeping Systems. Joint discussion and possible action regarding Professional Services Agreement for Internal Controls and Procedures to enhance the Districts accounting and Bookkeeping Systems.
GD: It was approved under unanimous consent to have the El Dorado RCD Board Member J. James bring back a proposal outlining the financial management needs to be considered for possible action.
Yes: 5 – T. Palmer, B. Bennett, D. Delongchamp, A. Smallwood, R. Griffiths. Noes: 0. Abstain: 0. Absent: 0.
Page 84 of 112 ED: It was approved under unanimous consent to evaluate the boards prior actions to accept the proposal from Farnsworth Accounting to provide financial consulting proposal to ensure the district has complied with its procedures for accepting the proposal complied with district procurement policies and further to have the El Dorado RCD Board Member J. James bring back a proposal outlining the financial management needs to be considered for possible action.
Yes: 3 – C. Mitchell, C. Flores, J. James. Noes: 0. Abstain: 0. Absent: 2 – D. Pierce, F. Schurr.
FINANCIAL STATEMENTS AND BILLS: Board to adopt financial statement and authorize payment of claim vouchers.
GD: It was moved by A. Smallwood and seconded by R. Griffiths to accept financial statements. Motion Carried.
Yes: 5 – T. Palmer, B. Bennett, D. Delongchamp, A. Smallwood, R. Griffiths. Noes: 0. Abstain: 0. Absent: 0.
GD: It was moved by R. Griffiths and seconded by D. Delongchamp to authorize payment of claim vouchers (Jim Davies: $1,400.00). Motion Carried.
Yes: 5 – T. Palmer, B. Bennett, D. Delongchamp, A. Smallwood, R. Griffiths. Noes: 0. Abstain: 0. Absent: 0.
ED: It was moved by J. James and seconded by C. Flores to accept financial statements and authorize payment of claim vouchers (USBank: $599.93, USBank: $180.35, Sequoia Ecological: $38,178.28, Advanced Forestry Services: $9,156.75, ed Struffenegger: $687.50, Richard Harris: $4,632.50, Richard Harris: $1,657.50, Richard Harris: $1,700.00, Brittney Burke: $97.06, Jason Landers: $56.52, Red Mtn. Ent.: $171,903.13, Jim Davies: $3,450.00, Jim Davies: $3,705.00, Jim Davies: $2,340.00, Jim Davies: $427.50). Motion Carried.
Yes: 3 – C. Mitchell, C. Flores, J. James. Noes: 0. Abstain: 0. Absent: 2 – D. Pierce, F. Schurr.
CORRESPONDENCE: None. DIRECTORS COMMENTS ADJOURN: 8:27 PM
NOTICE AMERICANS WITH DISABILITIES ACT Individuals who, because of a disability, need special assistance to attend or participate in a Board of Directors Meeting, any committee of this District or in conjunction with any other District services or business may request assistance by calling in advance the District Office at 530-295-0120. Requests should be made as soon as possible and at least one business day prior to the meeting or event.
Page 85 of 112 .JU~ LOCAL AGENCY FORMATION COMMISSION EltW Doraao 550 Main Street, Suite E. Placerville, CA 95667 LAFCO (530) 295-2707 · [email protected] · www.edlafco.us
SPECIAL DISTRICT NOMINATION
Special District Representative to LAFCO
Position Nominee's Name Oriainatina District Special District Michael Saunders, MD Georgetown Divide Public Commissioner Utility District
SIGNATURE OF PRESIDING OFFICER: -~<--..:..:=-'--"'---~-==-..;:;:...__..::...._·__ _ (Original Signature Required) Note: Presiding Officer is the Chair/President. Any other signature invalidates this ballot, unless accompanied by Meeting Minutes designating an alternate.
PRINTED NAME OF PRESIDING OFFICER..,_: ---=M=ich=a=e'""'I s=-=a=u=nd=e-'-"rs'--- (Required)
NAME OF NOMI NATl NG DISTRICT.,_: __G=e=o"'"rg=e=to~w=n~D=i~vi=de"-'-P=ub=li-=-c-=U=til=ity,_-=D=ist=ri=ct
MINUTES ATTACHED (Optional): Yes IB:l NoD
Nominations must be received bv LAFCO before 5:00 p.m. on February 15, 2021
Return to:
LAFCO 550 Main Street, Suite E Placerville, CA 95667
Z:\BOARD OF DIRECTORS\Staff Reports\2021\01 "January\2021.01.12_9G_Speclal Representative for El Dorado LAFC0\2021 May SOE Nom!natlon Bal!ot.docx COMMISSIONERS Public Member: Michael Powell • Alternate Public Member; Holly Morrison City Members: Cody Bass, Michael Saragosa • Alternate City Member: Kara Taylor County Members: John Hldahl, Wendy Thomas• Alternate County Member: George Turnboo Special District Members: Tim Palmer, Vacant• Alternate Special District Member: Michael Saunders STAFF Jose C. Henriquez, Executive Officer• Erica Sanchez, Assistant Executive Officer Ma!athy Subramanian, Commission Counsel Page 86 of 112 Jan 12, 2020
My educational background includes a Bachelor of Science from Cornell University and a Doctor of Medicine from Howard University. I am the President of the Board of Directors for the Georgetown Divide Public Utility District (GDPUD) and currently am the Alternate member for Special Districts on El Dorado LAFCO.
My experience in governance and working on commissions also includes being Chair of various County Organizational groups,State committees, and being a member and active participant in State workgroups tasked with providing a framework, guidelines, and recommendations for the legislative changes to enact the Water Conservation Bill Statewide beginning in 2022. I continue to be an advocate for our Rural and Mountain Counties to the State. I bring my skills in the interaction needed between governance, local agencies, and the public.
One of the most important functions of LAFCO is to evaluate the provision of services within the County, recommend actions, and promote the efficient provision of those services. This is done through the municipal service reviews. Being able to provide these studies for our Special Districts, services, and Cities has required managing our LAFCO’s budget. I was on the Ad hoc Budget Committee for LAFCO to help work on the budget to allow El Dorado LAFCO to continue to operate and provide the MSRs within the timeframe the Commission has recommended. My other experiences in working with budgets includes being the Clinical Dietitian - Dietary Program Director for an Adult Day Care Program, Finance committee member (GDPUD), Treasurer of the Board (GDPUD), and my work on several executive committees.
I bring my commitment to continue to work with various Special Districts and their representatives to make sure they have a voice in the LAFCO processes, to touch base and communicate with any concerns. I will continue to be a resource to our Special District members, the community, and the public if chosen to be a Special District Commissioner.
Thank you,
Michael Saunders, MD President, Board of Directors Georgetown Divide Public Utility District
Alternate Commissioner, Special District Member El Dorado LAFCO
Page 87 of 112
MINUTES
REGULAR MEETING
GEORGETOWN DIVIDE PUBLIC UTILITY DISTRICT BOARD OF DIRECTORS 6425 MAIN STREET, GEORGETOWN, CALIFORNIA 95634
JANUARY 12, 2021 2PM
Michael Saunders, President Cynthia Garcia, Vice President Mike Thornbrough, Treasurer Mitch MacDonald, Director
MISSION STATEMENT
It is the purpose of the Georgetown Divide Public Utility District to: • Provide reliable water supplies • Ensure high quality drinking water • Promote stewardship to protect community resources, public health, and quality of life • Provide excellent and responsive customer services through dedicated and valued staff • Ensure fiscal responsibility and accountability are observed by balancing immediate and long-term needs.
Out of respect for the meeting and others in attendance, please turn off all cell phones or put in the silent mode.
Pursuant to the Government Code Section 54954.3 (The Brown Act), members of the public shall be afforded the opportunity to speak on any agenda item, provided they are first recognized by the presiding officer. The Board President will call for public comment on each agenda item. Those wishing to address the Board on a matter that is not on the agenda and within the jurisdictional authority of the District may do so during the Public Forum portion of the agenda. Please be aware of the following procedures for speaking during Public Forum or public comment sessions:
1. When called on to speak by the Board President, please approach and speak from the podium. 2. Comments are to be directed only to the Board. 3. The Board will not entertain outbursts from the audience. 4. There is a three-minute time limit per speaker. 5. The Board is not permitted to take action on items addressed under Public Forum. 6. Disruptive conduct shall not be permitted.
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7. Persistence in disruptive conduct shall be grounds for removal of that person's privilege of address.
The Board President is responsible for maintaining an orderly meeting.
Director Saunders called the Regular Meeting to order at 1400hrs. Director Thornbrough led the Pledge of Allegiance.
1) CALL TO ORDER, AND ROLL CALL
PRESENT: DIRECTORS MACDONALD, THORNBROUGH, GARCIA, SAUNDERS
ABSENT:
OTHERS Barbara Brenner, Legal Counsel, PRESENT: Jeff Nelson, Interim GM
2) ADOPTION OF AGENDA
Director Thornbrough motioned to approve 2) ADOPTION OF AGENDA. Director MacDonald seconded the motion.
Roll Call vote was taken:
Aye: MACDONALD, THORNBROUGH, GARCIA, SAUNDERS Nay: None
The motion CARRIED
3) FILLING BOARD VACANCY - SUSPENDED A. Interviews for Director Vacancy B. Appointment of New Director C. Oath of Office for Assigned Board of Director, Administered by Legal Counsel
4) PUBLIC FORUM (ONLY ITEMS THAT ARE NOT ON THE AGENDA)
None was offered.
5) PROCLAMATIONS AND PRESENTATIONS
Jeff Nelson read a resolution presented to Dave Souza for his service to the District.
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6) CONSENT CALENDAR
Director Saunders pulled 6A1, Regular Meeting minutes for December 8, for discussion. Director Thornbrough pulled 6B1, Month-End Cash Disbursement Report, and 6C, Fourth Quarter Budget and First Quarter Budget Comparison.
A. Approval of Minutes Director Saunders submitted a change to the minutes.
Director MacDonald motioned to accept 2) agenda item 6A1 from the Consent Calendar. Director Garcia seconded the motion.
Roll Call vote was taken:
Aye: MACDONALD, THORNBROUGH, GARCIA SAUNDERS Nay: None
The motion CARRIED
Director Saunders requested to have all the consent items available to the Directors by the following day.
Public Comment: Cherie Carlyon via Stephen Dowd asked for the actual budget, not the projected budget.
B. Financial Reports 1. Month-End Cash Disbursement Report – This item was deferred to return at the Special Meeting scheduled for January 28, 2021.
C. Fourth Quarter Budget and First Quarter Budget Comparison - This item was deferred to return at the Special Meeting scheduled for January 28, 2021
D. Authorizing Change of Bank Signatory Authority – This item was suspended.
7) INFORMATIONAL ITEMS
A. Board Reports
Director Saunders mentioned the Board vacancy. He said the application period was extended through February 6th, and qualified applicants would be notified by February 7th, if the Board wished to interview them during the February 9, Regular Board meeting. Director Saunders spoke about hosting a town hall meeting or workshop for water conservation, and thanked Director Wadle for all his work on the Board, as well as working at CSDA.
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Public Comment:
Stephen Dowd asked what the definition of a qualified applicant for the Director position meant. Director Saunders said a qualified applicant needed to be a qualified voter within the District. B. General Manager’s Report
Jeff said the District obtained the updated water operating permit from the Division of Drinking Water which includes the operation of the ALT treatment plant. The first set of water bills were generated by the Tyler system. Jeff said a newsletter was included with the bills. Irrigation applications were sent out last week and staff is in the process of allocating or granting irrigation to various customers. The transparency portion of the Tyler financial management system (Socrata) is scheduled to go live in the Spring. Christina mentioned that there was an issue with the online billing, but it had been resolved. She said the payment portal side of the accounting system has some issues. She said there is still not an ability to pay-online. The customer should be able to go in and set up a new account. She said they are currently loading the capital assets into Tyler, then in AR, then Socrata.
Director Saunders asked when the Director portal will be up and running. Christina said she needs to set the Directors up with log-in information.
Director Garcia asked about the permit and if it would be posted online. Jeff said he would have to check to see if there was any confidential information in the permit, and asked Darrell if the District typically posted the permit. Jeff said he would look into what portion of the permit could be posted online.
Director Garcia asked if meters were read this time. Jeff said no, meters were not physically read, with a few exceptions. He said Adam did a statistical analysis to reflect the November – December billing period, and he used last years’ information. He said some meters were read, but not all. Adam said yes, that is correct. Jeff said canal maintenance and ditch lining was continuing. Jeff said COVID is still a problem, and the District is continuing to have staggered work schedules for those in the office. Director Saunders thanked the office for getting the CDS information out in the newsletter.
C. Operation Manager’s Report
Darrell said for the first time since 2004, the District is complying. He did the 2020 Compliance inspection with the State. Darrell read the system appraisal. Darrell said three surplus trucks were sold. Darrell said there are three dates for ditch lining. Darrell said the rain gutters will be replaced tomorrow. Darrell said
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there was a question about where tires are purchased. He said tires are purchased by Tire Hub, and then put on by All Cycle to mount and balance the tires. He said the level at Stumpy is 13793.
D. Water Resources Report
Adam said he would create a water projection report for the next meeting. He said he is still working on the Urban Water Management Plan, including the water forecast for the next 20 years.
Director Saunders said he would coordinate with Adam about the Grant Writing Committee. Director Saunders also said he would like to inform the customers about any further ditch lining projects before the work is done.
8) COMMITTEES:
A. Ad Hoc Grant Writing Committee – Director Saunders said the committee did not meet this month. 9) NEW BUSINESS
A. LSL Presentation – GDPUD Audit, presented by Marian Rodriquez
All the Directors had various questions related to a Fund transfer equating to $800K and identified several discrepancies throughout the report. Director Saunders asked Christina to review the information and plan to report her findings at the January 28, 2021 special meeting.
Director Saunders asked Kristen West of LSL if there is a recommendation to deal with past employees’ obligation for benefits. He asked if it would be appropriate to set up a trust. Kristen West said a long-term financial plan is always recommended. He said the District needs to investigate investments to reduce liability.
He asked Kristen when the State releases the increase projection for the discount rate on their investments. She said the information is on the CalPERS website for post-employment.
B. Consideration of a Rate Freeze
Director Saunders recommended a suspension of this item until the January 28, 2021 Special Meeting.
Public Comment: Cherie Carlyon via Stephen Dowd said she is requesting a detailed report for the 4th Quarter Budget. She said what was provided in the Board packet was an
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adopted budget, not the actual budget. Director Saunders asked Ms. Carlyon to submit a written request for information.
Stephen Dowd said he wanted the Board to consider a rate freeze without delay.
Director Garcia motioned to suspend agenda item 9B, until additional materials are supplied by staff at the January 28, Special Meeting 2) Director Thornbrough seconded the motion.
Roll Call vote was taken:
Aye: MACDONALD, THORNBROUGH, GARCIA, SAUNDERS Nay: None
The motion CARRIED.
C. Discussion of Charter for a Finance Committee, and Consideration of additional committees:
Jeff said included in the packet was the charter from last year, with Director Garcia’s edits. Director Thornbrough said the finance committee was never actually disbanded and asked why the Board could not reinstate the policy with changes.
Director Thornbrough motioned to form an ad hoc committee with two Board members, and one past Finance Committee member 2) Director MacDonald seconded the motion.
Roll Call vote was taken:
Aye: MACDONALD, THORNBROUGH, GARCIA, SAUNDERS Nay: None
The motion CARRIED.
Director Thornbrough, and Director MacDonald offered to be the on the committee.
Barbara asked about the appointment of the ex-finance committee member.
Director Thornbrough said Director Garcia said we should inquire with the previous chair. Director Garcia said she has been contacted by the former finance committee chair, Steve Miller.
Director Saunders suggested starting an ad hoc Policy Committee.
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Director Garcia motioned to form an ad hoc policy committee not to exceed four members. Two members of the Board and two members of staff. Director Thornbrough seconded the motion.
Roll Call vote was taken:
Aye: MACDONALD, THORNBROUGH, GARCIA, SAUNDERS Nay: None
The motion CARRIED.
After some discussion by the Board and counsel, Director Saunders agreed a workshop related to irrigation would be a good idea. Director Garcia said she would like the workshop to occur before irrigation season begins.
D. Consideration of changing Procedures for placing items on the Agenda and Communication with the General Manager
Director Thornbrough asked about a change made not too long ago, he said if a consensus was made by the Board it was going to be on the agenda.
Director Saunders said, if there is a consensus on an item, he felt every Board member should have the ability to have an agenda item discussed.
Director Garcia said the policy that Director Thornbrough is referring to is policy 4040.
Director Garcia motioned to leave Board policy 5020 as-is and have the Board review Policy 4040 (red-lined version) and make recommendations at the Regular Board meeting scheduled on February 9, 2021 2) Director MacDonald seconded the motion.
E. Discussion and Consideration of changing the Signature/Spending Authority of the Interim General Manager
Barbara said the GM spending authority is set forth through the procurement policy.
Barbara said any changes would be presented through the procurement policy, as it is a change in spending authority. Director Garcia said the interim manager is the general manager, and she feels it needs to be reviewed through the procurement policy.
Director Saunders said the Interim General Manager and the General Manager are the same. He said the item was put on the agenda specifically for the Interim General Manager.
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Public Comment:
Cherie Carlyon via Stephen Dowd said there is a resolution, and the resolution specifies a $45K spending limit.
Fran Todd said she would respectfully ask the Board to say what the Interim General Manager can or cannot do.
F. Independent Audit
After some discussion, Director Garcia motioned to have the Board create an ad hoc committee to evaluate the need for a special financial assessment. Director Thornbrough seconded.
Public Comment:
Steven Proe said there was a resolution approved by the Board that covered this issue. He asked if any vote turned about the 5-0 vote for a forensic audit.
Barbara said the lowest bid was rejected as too expensive.
Roll Call vote was taken:
Aye: MACDONALD, THORNBROUGH, GARCIA SAUNDERS Nay: None
The motion CARRIED.
Both Director Garcia and Director Saunders volunteered for this committee.
G. Election of Special District Representative to El Dorado LAFCO – Nominations for Special District Commissioner
Director Saunders said he was one of the two directors who made it on to the commission. Director Saunders said he wanted to be a voting member on the commission. He said the process would need to nominate someone for a special district nominee.
Director MacDonald motioned to nominate Director Saunders to the LAFCO Commission 2) Director Garcia seconded the motion.
Roll Call vote was taken:
Aye: MACDONALD, THORNBROUGH, GARCIA SAUNDERS Nay: None
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The motion CARRIED
10) PUBLIC HEARING
None.
11) BOARD MEMBER REQUESTS FOR FUTURE MEETING AGENDAS AND REQUESTS FOR INFORMATION OR RESEARCH TO BE COMPLETED BY STAFF
Director Garcia said she would like to put together a work shop, and develop a time line for the staff / environmental workshop / and requested Jeff to work hard with staff to put the recordings, RFP’s, permit for ALT on the website.
Director Saunders said to think of having a strategic planning meeting in February 2021.
Director MacDonald motioned to adjourn the meeting 2) Director Garcia seconded the motion.
Roll Call vote was taken:
Aye: MACDONALD, THORNBROUGH, GARCIA, SAUNDERS Nay: None
The motion CARRIED.
12) NEXT MEETING DATE AND ADJOURNMENT – The next Regular Meeting will be on February 9, 2021 at 2:00PM via teleconference.
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting via teleconference, please contact Jeff Nelson by telephone at 530-333-4356 or by fax at 530-333-9442. Requests must be made as early as possible and at least one-full business day before the start of the meeting. In accordance with Government Code Section 54954.2(a).
______February 9, 2021______Jeff Nelson, Interim General Manager Date
GDPUD Minutes of Regular Board Meeting of January 12, 2021 Page 9 of 9
Page 96 of 112 .. .j El Dorado LAFCO LOCAL AGENCY FORMATION COMMISSION 550 Main Street , Suite E . Placerville, CA 95667 (530) 295-2707 · lafco@edlafco . us · www .edlafco . us
SPECIAL DISTRICT NOMINATION
Special District Representative to LAFCO
Position Nominee's Name Originating District Board Member Monique Scobey Cameron Park CSD
SIGNATURE OF PRESIDING OFFICER:---~--- .....,· """'"-:k...&.....:-..;..;.~------(Original Signature Required) Note: Presiding Officer is the Chair/President. Any other signature invalidates this ballot, unless accompanied by Meeting Minutes designating an alternate.
PRINTED NAME OF PRESIDING OFFICER: __...... 6--'-- 1_e-A~-l.::,~rk,._:,A...___ _ (Required)
NAME OF NOMINATING DISTRICT:_.....;;C;;...;;;a;;.;..;m;.;..;e;..;;..r..;;;...on;...;.....a...P""""'"a;..;;..rk""'""C""-S"""'"D______
MINUTES ATTACHED (Optional): YesD NoD
Nominations must be received by LAFCO before 5:00 p.m. on February 15, 2021
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LAFCO 550 Main Street, Suite E Placerville, CA 95667
Z:\BOARD OF DIRECTORS CSD\2021 BOD Agenda Packets\3.17.21 \Signatures\13a. Nomination form.docx COMMISSIONERS Public Member: Michael Powell • Alternate Public Member: Holly Morrison City Members: Cody Bass, Michael Saragosa • Alternate City Member: Kara Taylor County Members: John Hidahl, Wendy Thomas • Alternate County Member: George Turnboo Special District Members: Tim Palmer, Vacant • Alternate Special District Member: Michael Saunders STAFF Jose C. Henriquez, Executive Officer • Erica Sanchez, Assistant Executive Officer Malathy Subramanian, Commission Counsel Page 97 of 112 Statement of Qualifications MONIQUE SCOBEY El Dorado LAFCO March 2021
My name is Monique Scobey and I am currently serving on the Board of Directors for the Cameron Park Community Services District. Our District provides several public services: fire and emergency response, parks, recreation, CC&R compliance, waste collection/recycling, and lighting/landscape districts. Overseeing these services has provided me with an understanding of the variety of requirements and responsibilities of our communities, as well as how Special Districts and local government function. I have served on all four of the District’s Standing Committees and have completed my 18 month term for President of the Board in Dec 2020. The Board of Supervisors recently appointed me as an Alternate to the County El Dorado Sold Waste Advisory Committee.
In 2019, with the support of the Board of Directors, the District achieved our Transparency Certificate. In 2020, I completed the Special District Leadership Foundation – Leadership Academy that provides the knowledge base to perform essential governance responsibilities. This mixture of experiences will assist me in serving as knowledgeable LAFCO member.
I have lived in El Dorado County for over 25 years, raising our three children in Cameron Park and operating a small software consulting business. I served on sport club boards and as an ambassador at the Shingle Springs/Cameron Park Chamber of Commerce. I currently work part-time in real estate and am recently retired, and my husband and I plan on remaining here, in our community, so I am personally invested in how our County evolves.
I enjoy engaging with others, hearing and incorporating others views, finding common ground and collaborating on a clear path forward. Agencies work better when all stakeholders are involved to help define solutions. I look forward to working on this committee and keeping our county and communities a desirable place to live, work and visit.
My education includes a Master’s Degree in Aerospace Engineering from USC and a Bachelor of Science Degree in Mechanical and Aeronautical Engineering from UC Davis.
Page 98 of 112 SPECIAL DISTRICT NOMINATION
Special District Representative to LAFCO
Position Nominee’s Name Originating District
Board Director Brian K. Veerkamp El Dorado Irrigation District
SIGNATURE OF PRESIDING OFFICER: ______(Original Signature Required) Note: Presiding Officer is the Chair/President. Any other signature invalidates this ballot, unless accompanied by Meeting Minutes designating an alternate.
PRINTED NAME OF PRESIDING OFFICER: ______Jim Abercrombie (Required)
NAME OF NOMINATING DISTRICT:______El Dorado Irrigation District ____
MINUTES ATTACHED (Optional): Yes No XX
Nominations must be received by LAFCO before 5:00 p.m. on February 15, 2021
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Page 99 of 112 Brian K. Veerkamp Board Director, Division 3 Statement of Qualifications
Brian K. Veerkamp is a fifth generation resident of El Dorado County and a descendant of the pioneering families of Wagner and Veerkamp. He follows in the footsteps of his great-great uncle John Wagner, an El Dorado County Supervisor from 1919 to 1934.
Born and raised in El Dorado County, Brian attended local elementary schools, El Dorado High School, and then pursued his higher education goals. He holds a bachelor of science degree in business administration with a minor in economics. He also attended two years of law school, holds two associate of arts degrees (one in fire technology and the other in general studies). He also earned many advanced leadership, governance, management and finance training certificates. He is a Charter Adjunct Professor with a Lifetime Teaching Credential for Los Rios Community College and continues to share his knowledge and training with the community in many ways.
Brian retired in 2011 from the Fire Service after 30 plus years in public emergency services that began with a position as a volunteer/paid call firefighter and culminated in his last position as fire chief of the El Dorado Hills Fire Department. During his tenure as chief, he worked collaboratively with many agencies within the County and surrounding region to serve and protect our people, their property and our business community. He was instrumental in the consolidation of Districts, the mitigation of many local disasters, the enhancement of service delivery levels and the protection of many precious assets of El Dorado County. The Department’s efforts under Brian’s leadership allowed them to maintain financial stability for Fire and Emergency Services resulting in cost effective, high level and efficient service to our citizens. He then was elected to the El Dorado County Board of Supervisor’s and served two four-year terms for District 3 and thru his various County assignments; served numerous years as a member of the Local Agency Formation Commission (LAFCO). Brian, now has been elected to the Board for El Dorado Irrigation District and recently accepted the Leadership role of Executive Director for El Dorado County Emergency Services JPA.
Brian’s commitment to “Service Above Self” is evident in the many ways he finds to give back to our El Dorado County community. Besides his most recent service, Brian has served 14 years as an elected Board member with the Camino Union School District, three years as Board member of the El Dorado County Emergency Services Authority JPA, and 25 years as emergency medical services training program director for El Dorado County Fire Chief’s Association. He is a 17-year Rotarian, Eight-year member of Kiwanis Club of Placerville, Marshall Foundation for Community Health Board Member, Marshall Medical Board Member, El Dorado Community Foundation Board Member and he also maintains affiliations with Boys and Girls Club, The Rocky Mountain Elk Foundation, the USGA, and the NRA to name a few.
Brian resides in Placerville with Lori, his wife of 40 years. He has two daughters, two sons-in- law, two granddaughters, one grandson and many other family members that call El Dorado County home.
Page 100 of 112 LOCAL AGENCY FORMATION COMMISSION 550 Main Street , Suite E. Placerville, CA 95667 (530) 295-2707 · [email protected] · www.edlafco.us
SPECIAL DISTRICT NOMINATION
Special District Representative to LAFCO
Position Nominee's Name Originating District Special District Representative Timothy J. White El Dorado Hills County Water District
SIGNATURE OF PRESIDING OFFICER: -..1.:~~~~ ~~.....:::;..~~____;:::.__ (Ori ma/ · nature Requ red) Note: Presiding Officer is the Chair/President. Any other signature mvalidates thif ballot, unless accompanied by Meeting Minutes designating an alternate.
PRINTED NAME OF PRESIDING OFFICER: Charles J. Hartley ------(Required)
NAME OF NOMI NA TING DISTRICT: El Dorado Hills County Water District
MINUTES ATTACHED (Optional): Yes IXI NoD
Nominations must be received by LAFCO before 5:00 p.m. on February 15, 2021
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Z:\Board of Directors\Packets\2021\2021-01\2021 May SOE Nomination Ballot.docx COMMISSIONERS Public Member. Michael Powell • Alternate Public Member. Holly Morrison City Members: Cody Bass, Vacant• Alternate City Member: Kara Taylor County Members: John Ranalli, Vacant• Alternate County Member: Vacant Special District Members: Tim Palmer, Vacant• Alternate Special District Member: Michael Saunders STAFF Jose C. Henriquez, Executive Officer• Erica Sanchez, Assistant Executive Officer Malathy Subramanian, Commission Counsel
Page 101 of 112 LOCAL AGENCY FORMATION COMMISSION ..El Dorado 550 Main Street, Suite E. Placerville, CA 95667 LAFCO (530) 295-2707 · [email protected] · www .edlafco .us
SPECIAL DISTRICT NOMINATION
Special District Representative to LAFCO
Position Nominee's Name Originating District Special District Representative Timothy J. White El Dorado Hills County Water District _)
Note: Presiding Officer is the Chair/President. Any other signature invalidates this ballot, unless accompanied by Meeting Minutes designating an alternate.
PRINTED NAME OF PRESIDING OFFICER: Penny Humphreys ------(Required)------
NAME OF NOMI NATING DISTRICT: Rescue Fire Protection District
MINUTES ATTACHED (Optional): Yes IXI NoD
Nominations must be received by LAFCO before 5:00 p.m. on February 15, 2021
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LAFCO 550 Main Street, Suite E Placerville, CA 95667
Z:1Board of Directors\Packets\2021\2021-0112021 May SOE Nomination Ballot.docx COMMISSIONERS Public Member: Michael Powell • Alternate Public Member: Holly Morrison City Members: Cody Bass. Vacant• Alternate City Member: Kara Taylor County Members: John Ranalli, Vacant • Alternate County Member: Vacant Special District Members: Tim Palmer, Vacant• Alternate Special District Member: Michael Saunders STAFF Jose C. Henriquez, Executive Officer• Erica Sanchez, Assistant Executive Officer Malathy Subramanian, Commission Counsel
Page 102 of 112 LOCAL AGENCY FORMATION COMMISSION 550 Main Street, Suite E. Placerville, CA 95667 (530) 295-2707 · [email protected] · www.edlafco.us
SPECIAL DISTRICT NOMINATION
Special District Representative to LAFCO
Position Nominee's Name Originating District
Special District Timothy White El Dorado Hills Water Commissioner Agency (Fire District)
SIGNATURE OF PRESIDING OFFICER: a~ ~ j t~ ' (Original Sign ture Required) Note: Presiding Officer is the Chair/President. Any other signature invalidates this ballot, unless accompanied by Meeting Minutes designating an alternate.
PRINTED NAME OF PRESIDING OFFICER: Noelle Mattock, President (Required)
NAME OF NOMINATING DISTRICT: El Dorado Hills CSD
MINUTES ATTACHED (Optional): YesD No~
Nominations must be received by LAFCO before 5:00 p.m. on February 15, 2021
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LAFCO 550 Main Street, Suite E Placerville, CA 95667
\\WFS2K8\Common$\Board\2021\Reports\2021 02 11 - Regular Meeting\LAFCO ltems\2021 May SDE Nomination Ballot Cimpleted.docx COMMISSIONERS Public Member: Michael Powell • Alternate Public Member: Holly Morrison City Members: Cody Bass, Michael Saragosa• Alternate City Member. Kara Taylor County Members: John Hidahl, Wendy Thomas • Alternate County Member: George Turnboo Special District Members: Tim Palmer, Vacant • Alternate Special District Member: Michael Saunders STAFF Jose C. Henriquez, Executive Officer • Erica Sanchez, Assistant Executive Officer Malathy Subramanian, Commission Counsel
Page 103 of 112 Timothy J. White
Nominee, El Dorado County Special District Representative
El Dorado County LAFCO
Statement of Qualifications
I am currently the Board President of the El Dorado Hills County Water District, commonly known as the El Dorado Hills Fire Department (EDHFD), and have been nominated by my fellow directors at EDHFD, as well as the Board of Directors of Rescue Fire Protection District, to run for the open Special District seats on LAFCO.
My qualifications and background information are as follows:
• EDHFD Board of Directors- December 2018-present. President 2021, Vice-president 2020. Have served, or are serving on, the following Board Committees - Finance, Strategic Planning, and Joint Powers Authority. In addition, I am one of the Fire Board directors on the El Dorado Hills Incorporation Executive Working Group organized by the El Dorado Hills Community Services District. • El Dorado Hills Area Planning Advisory Committee (“APAC”) - voting member- 2015-present. Vice Chair-2018-present. Chair-2016 and 2017. APAC is a volunteer group of residents that review proposed residential and commercial developments in the El Dorado Hills Area, and provides comments and written reports addressing resident concerns on the proposed projects to the El Dorado County Planning Commission and the El Dorado County Board of Supervisors. • El Dorado County Master Gardener since 2016. • I am a native Californian, a graduate of the University of San Francisco and of the University of Los Angeles School of Law, and practiced law for 30 years concentrating in business-financial law, with an emphasis in international transactions. • With 3 El Dorado County Grand Jury Reports in the last 3 years on Fire Districts in El Dorado County, and with LAFCO likely to review proposed Fire District mergers and consolidations in the forthcoming years, I think it is important to have a representative from a Fire District Board, who understands the unique work, finances and nature of Fire Departments and Districts, on LAFCO. • I have the time, interest and ability to serve as an effective LAFCO Commissioner.
Page 104 of 112 EL DORADO HILLS COUNTY WATER DISTRICT
EIGHT HUNDRED TWENTY-SECOND MEETING OF THE BOARD OF DIRECTORS
Thursday, November 19, 2020 5:30 p.m. District Office, 1050 Wilson Boulevard, El Dorado Hills, CA 95762
I. CALL TO ORDER President Hartley called the meeting to order at 5:32 p.m. Directors in attendance: Bennett, Durante, Giraudo, Hartley, and White. Director Durante attended via teleconference. Staff in attendance: Chief Johnson and Director of Finance Braddock. Counsel Cook was also in attendance.
Meeting adjourned to closed session at 5:32 p.m.
II. CLOSED SESSION A. Closed Session Pursuant to Government Code Sections 54957(b)(l); Public Employee Performance Evaluation: Fire Chief
The meeting reconvened at 6:00 p.m. The Board took no action during closed session.
III. PLEDGE OF ALLEGIANCE
IV. PRESENTATION A. Presentation of Community Risk Reduction Division Fee Study - DTA presented the results of their User Fee Analysis. B. Public Hearing: Review and approve Resolution 2020-20 amending the District Fee Schedule to recover the cost of service and enforcement of regulations subject to the Health and Safety Code Section 13916
A public hearing was opened at 6:35 p.m.
Director White suggested that a fee study be done every 3 years to avoid getting behind on what current rates should be and the Board concurred.
The public hearing was closed at 6:44 p.m.
Director White made a motion to approve Resolution 2020-20 amending the District Fee Schedule to recover the cost ofservice and enforcement of regulations subject to the Health and Safety Code Section 13916 with the language changed to reflect the discussed 3-year timeline, seconded by Director Bennett and unanimously carried. (Roll call: Ayes: 5; Noes: 0)
V. CONSENT CALENDAR
Page 105 of 112 A. Approve Minutes of the 821st Board meeting held October 15, 2020 B. Approve Financial Statements and Check Register C. Approve Employee Development Center (EDC) Financial Report
Director Bennett made a motion to approve the consent calendar, seconded by Director White and unanimously carried. (Roll call: Ayes: 5; Noes: 0)
VI. ORAL COMMUNICATIONS A. EDH Professional Firefighters - Item taken out of order after Item X. Fire Chiefs Report. Dale Hemstalk, Vice President, reported the transition has been going well and he introduced Dan Nelson as the recently elected secretary. He also thanked Admin for there efforts to keep up with all of the constantly changing COVID-19 information and the protection that is being offered to the employees. B. EDH Firefighters Association -None C. Public Comment - None
VII. CORRESPONDENCE A. Letter from the El Dorado Hills Professional Firefighters - Chief Johnson explained that included in the packet was a letter from the El Dorado Hills Professional Firefighters stating that they would not support the annexation with Rescue Fire Protection District without matching the current staffing levels stated in the El Dorado Hills MOU.
VIII. ATTORNEY ITEMS - None
IX. COMMITTEE REPORTS A. Administrative Committee (Directors Bennett and Hartley)- Director Bennett stated that the Admin Committee met regarding the communications study and is waiting for more information before bringing the recommendation to the Board. B. Finance Committee (Directors Giraudo and White)-No report. C. Joint Powers Authority (Directors Hartley and Giraudo) - Chief Johnson reported that Brian Veerkamp and Christy Jorgensen are doing a great job and that the JP A opposed the County's proposed increase in the ambulance fee for service for vegetation management and the County agreed to slow that discussion down and take another look at it.
X. FIRE CHIEF'S REPORT - Chief Johnson reported the following to the Board: Staff is prepared to file the notice of intent for the Rescue annexation. The engineer's promotional exam went well and 6 people on the list Nineteen applications were received for the Fire Marshall position and mid December will be the target for the final interviews. The Captain's academy is coming up in December. El Dorado County was escalated to the purple tier and there and Staff will be looking at any adjustments that need to be made. There are still discussions happening about the Santa run and holiday parties.
Page 106 of 112 The Amador Fire Chief is retiring and starting a new fire career in Nevada. Oakland Assistant Fire Chief passed away and Staff offers their condolences.
XI. OPERATIONS REPORT A. Operations Report (Receive and file)- Chief Hall stated that there was a lot of active shooter and water rescue training in November and recognized Chief Lilienthal's efforts to process the information related to the constant COVID-19 changes and the firefighter' s efforts to stay safe in the current environment. Received and filed.
XII. COMMUNITY RISK REDUCTION REPORT A. CRRD Report (Receive and file)- Chief Phillips presented the CRRD Report and highlighted that it was Fire Prevention Month and Staff did a great job adapting to the restrictions in place because of COVID-19. Received and filed.
XIII. FISCAL ITEMS A. Receive and file 2019/2020 Final Audit Report, Management Letter and SAS 114 Governance Letter - Brian Nash with Richardson and Company presented the Final Audit Report, Management Letter, and SAS 114 Governance Letter. Received and filed. B. Change in Pension and OPEB Funded Status Reports - Director of Finance Braddock presented the updated Pension and OPEB funded status reports stating that the Pension funded status increased by about .1 % and the OPEB funded status increased by about 4%. C. Receive and file Accountability Act Annual Report (2019/20) for the Latrobe Zone Special Tax - Director of Finance Braddock presented the completed direct charge justifying the tax that is collected for the Latrobe area. Received and filed. D. Review and approve transfer in the amount of $50,388 from General Fund (unassigned) Reserve to CERBT OPEB account-Director of Finance Braddock stated the per the Reserve Fund Policy Staff recommends transferring $50,388 from FYI 9/20 to the CERBT OPEB account.
Director White made a motion to approve transfer in the amount of $50,388 from General Fund (unassigned) Reserve to CERBT OPEB account, seconded by Director Giraudo, and unanimously carried. (Roll Call: Ayes: 5; Noes: 0)
XIV. NEW BUSINESS A. Discuss LAFCO Special District open position nomination - Chief Johnson stated that there is an anticipated position opening on the LAFCO Board. Director White expressed an interest in running for the open position when it becomes available.
Director Giraudo made a motion to nominate Director White for the LAFCO open position when it becomes available, seconded by Director Bennett, and unanimously carried. (Roll Call: Ayes: 5; Noes: 0)
Page 107 of 112 B. Review and approve Resolution 2020-18 fixing the employer contribution at an equal amount for employees and annuitants under the Public Employees' Medical and Hospital Care Act - Director of Finance Braddock explained that per the MOU's change in medical coverage cap, the CalPERS contract would need to be amended to reflect that change.
Director Bennett made a motion approve Resolution 2020-lBftxing the employer contribution at an equal amount/or employees and annuitants under the Public Employees' Medical and Hospital Care Act, seconded by Director Giraudo, and unanimously carried. (Roll Call: Ayes: 5; Noes: 0)
C. Review and approve Resolution 2020-19 acknowledging the Department's compliance with Sections 13146.2 and 13146.3 of the California Health and Safety Code - Chief Phillips presented a resolution to affirm that the district completed inspections on all State Regulated Occupancies in the District.
Director Giraudo made a motion to approve Resolution 2020-19 acknowledging the Department's compliance with Sections 13146.2 and 13146.3 ofthe California Health and Safety Code, seconded by Director White, and unanimously carried. (Roll Call: Ayes: 5; Noes: 0)
D. Approve purchase of Type I Engine- Chief Johnson stated that due to the significant damage to Engine 91, Staff recommends approval of a Type I Engine to replace it.
Director Giraudo made a motion to approve the purchase of Type I Engine, seconded by Director White, and unanimously carried. (Roll Call: Ayes: 5; Noes: 0)
E. Approve Utilization of public agency contract from Savvik Buying Group for Lucas Compression Devices - Chief Johnson reported that Staff is requesting approval to utilize the Savvik Buying Group contract for the Lucas Compression Devices.
Director Bennett made a motion to approve Utilization ofpublic agency contract from Savvik Buying Group for Lucas Compression Devices, seconded by Director Giraudo, and unanimously carried. (Roll Call: Ayes: 5; Noes: 0)
XV. OLD BUSINESS
A. Rescue Annexation Update - No report. B. Training Facility Update- No report. C. EDHCSD/EDHFD 2x2 update (Directors Durante and White) - Director White stated that the CSD will be issuing an RFP to have a financial study done.
Director Durante left the meeting at 8: 10 p. m.
Page 108 of 112 XVI. ORAL COMMUNICATIONS
A. Directors - Directors thanked staff for their commitment to protect our District so well. Director White congratulated Director Hartley on his re-election. B. Staff - None C. Schedule upcoming committee meetings - None
XVII. ADJOURNMENT
Director Giraudo made a motion to adjourn the meeting, seconded by Director White and unanimously carried.
The meeting adjourned at 8: 15 p.m.
Approved:
Jeica~L~ Braddock, Board Secretary
Page 109 of 112 BOARD OF DIRECTORS MINUTES Regular Meeting January 13, 2021 Zoom Meeting- 6:00 P.M. 5221 Deer Valley Road, Rescue, CA 95672 (P .0. Box 201) (530) 677-1868
1. CALL TO ORDER 1805
2. ROLL CALL/ESTABLISH QUORUM Directors in attendance: Araujo, Humphreys, Koht, Smith, and Thorne.
3. FLAG SALUTE
4. APPROVAL OF AGENDA
Director Smith made a motion to approve the agenda, seconded by Director Araujo, and motion carried.
5. PUBLIC COMMENTS and PUBLIC FORUM Jodi Martin, resident, asked if Directors Koht and Thorne were sworn in. Director of Finance Braddock stated that they were both sworn in remotely.
6. CHIEF'S REPORT Chief Johnson reported the following to the Board: He is still in discussions with Blue Mountain Communities regarding the potential CFD on the housing development currently in progress.
7. CORRESPONDENCE and COMMUNICATIONS A. Staff Report: Memorandum of Understanding Between the County of El Dorado and the Rescue Fire Protection District Regarding the Delegation of Enforcement of Certain Fire and Panic Safety Provisions Found in the 2019 California Building Standards Code Chief Phillips reported that an MOU was written in 2019 transitioning inspection authorities for new one- and two-family homes to the El Dorado Hills County Water District. He added that the Fire Chief has the authority to enter into this MOU, but the Board has the option to adopt a formal Resolution if they wish. The Board directed Staff to bring a formal resolution to the February Board meeting. B. Letter from the Rescue Professional Firefighters Association Chief Johnson stated that the Rescue Professional Firefighters Association submitted a letter to the Board requesting to start MOU Negotiations.
8. CONSENT CALENDAR A. Approve Minutes from the December 9, 2020 Board Meeting B. Approve Financial Statements and Warrants Report
Director Smith made a motion to approve Minutes from the December 9, 2020 Board Meeting, seconded by Director Koht, and motion carried. (Ayes: 5; Noes: 0)
Page 110 of 112 Director Smith made a motion to approve the Financial Statements and Warrants Report, seconded by Director Koht, and motion carried. (Ayes: 5; Noes: 0)
9. BOARD COMMITTEES A. Personnel Committee: Chief Johnson reported that the District is down one full-time employee and the employees have a plan to cover all the vacancies through the end of February. He added that Staff is working on a backup plan with Diamond Springs Fire as well. B. Budget Committee: No report. C. Buildings and Grounds: No report. Staff will schedule a committee meeting prior to the next Board meeting. D. JPA Committee: Chief Johnson stated that the new leadership is working on cleaning up the budget and operations as well as looking at the next contract with the County. E. LAFCO: Chief Johnson reported that Staff is working with LAFCO on the plan for service for the El Dorado Hills County Water District annexation of Rescue Fire Protection District. F. Annexation Committee: 1) Review Draft Annexation Resolution- Chief Johnson requested that the Draft annexation resolution language development be assigned to Annexation Committee.
10. RVFA REPORT Director Thorne stated that he received a request to donate any surplus equipment to a small volunteer Department in Mexico. Chief Johnson stated that the employees plan to clean out station 81 and any surplus items will be brought to the Board for approval before they are eligible to donate.
He also reported that the Christmas tree sales generated about $6000 and the pumpkin sales brought in about $4400 to the Association.
11. OLD BUSINESS None
12. FISCAL ITEMS A. Receive and file FY 19/20 Final Audit Report Director of Finance Braddock reviewed the FY 19/20 Final Audit Report with the Board and reported that the District was given a clean opinion.
13. NEW BUSINESS A. Discuss the LAFCO Open Position Nomination El Dorado Hills County Water District Director Tim White stated that he would like to run for the upcoming LAFCO open position.
Director Araujo made a motion to nominate Tim White for the LAFCO Board seat, seconded by Director Smith, and motion carried. (Ayes: 5; Noes: 0)
B. Election of Board President and Vice President for 2021
Director Araujo made a motion to nominate Director Smith for Board President. Director Smith declined the nomination.
Director Smith made a motion to nominate Director Koht for Board President, seconded by Director Thorne, and motion carried. (Ayes: 5; Noes: 0)
Page 111 of 112 Director Koht made a motion to nominate Director Smith for Vice-President, seconded by Director Thorne, and motion carried. (Ayes: 5; Noes: 0)
C. Reorganization of Committees for 2021 Director Humphreys made a motion to keep the committee assignments the same as shown below, seconded by Director Thome, and motion carried. (Ayes: 5; Noes: 0)
Personnel Committee: Directors Araujo and Thorne Budget Committee: Directors Koht and Smith Buildings and Grounds: Directors Koht and Thorne JPA Committee: Chief Johnson Annexation Committee: Directors Araujo and Koht
D. Review and establish meeting dates for 2021 The meeting dates will remain on the second Wednesday of every month.
13. CLOSED SESSION A. Pursuant to Government Code Sections 54956.9(d)(2) and 54956.9(d)(4); potential litigation; two matters
The Board adjourned to closed session at 1906.
The Board returned to open session at 2021. No action was taken in Closed Session.
14. NEXT SCHEDULED MEETING/AGENDA ITEMS February 10, 2021
15. GOOD TO THE ORDER None
16. ADJOURNMENT
The meeting was adjourned at 2022.
Prepared By:
Page 112 of 112