REGULAR MEETING AGENDA

Transcription

1 CACHUMA CONSERVATION RELEASE BOARD City of Santa Barbara Goleta Water District Montecito Water District REGULAR MEETING AGENDA Goleta Water District Board Conference Room 4699 Hollister Ave. Goleta, CA December 6, :00 AM Roll Call Public Comment Period Any member of the public may address the Board of Directors (Board) on any subject within the jurisdiction of the Board that is not scheduled for a public hearing before the Board. The President of the Board will determine the total time for public comments. If you wish to address the Board, please complete and deliver to the Secretary of the Board, before the meeting is convened, a Request to Speak form including a description of the subject you wish to address. Consent Agenda All matters listed hereunder constitute a consent agenda and may be acted upon by a single roll call vote of the Board. CA-1) MEETING MINUTES Approval of minutes of the Board of Directors November 1 and November 16, 2018 meetings. CA-2) UNAUDITED INTERIM FINANCIAL STATEMENT PERIOD ENDING October 31, 2018 Receive and file the Unaudited Interim Financial Statement Period Ending October 31, Closed Session Agenda CS-1) CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Government Code section (d) (One potential case) CS-2) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Government Code section (d)(1) (One case: State Water Resources Control Board adjudicatory proceeding regarding Cachuma Project water rights)

2 CS-3) PUBLIC EMPLOYEE APPOINTMENT Government Code section 54957(b)(1) (Executive Director) Reconvene into open session and report on actions taken in closed session pursuant to Government Code Section Regular Agenda RA-1) FINANCIAL AUDIT FOR FISCAL YEAR ENDING JUNE 30, 2018 Receive a presentation on the draft Fiscal Year 2018 Audit Report from Bartlett, Pringle & Wolf LLP and consider approval; if approved, receive and file the FY2018 Audit. RA-2) UPDATE: DRAFT WATER BOARD ORDERS (APPLICATIONS and 11332) and FEDERAL RECONSULTATION PROCESS FOR CACHUMA PROJECT Receive status updates regarding: a) water rights orders currently in process with the State Water Resources Control Board; and, b) the Endangered Species Act-related Reconsultation process that is underway with the Bureau of Reclamation and National Marine Fisheries Service. RA-3) ADOPTION OF RESOLUTION AUTHORIZING CHANGE IN EMPLOYMENT STATUS OF CCRB EXECUTIVE DIRECTOR AND AUTHORIZING EXECUTION OF EMPLOYMENT AGREEMENT Consider and adopt resolution addressing Executive Director employment status and authorizing execution of employment agreement. RA-4) CCRB RESOLUTION : HONORING W. DOUGLAS MORGAN FOR HIS SERVICE TO THE CACHUMA CONSERVATION RELEASE BOARD Consider resolution and approve by roll call vote of the Board. RA-5) SET NEXT MEETING (Time, Date, Location) AND ADJOURN. NOTICE TO PUBLIC Americans with Disabilities Act: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Cachuma Conservation Release Board representative at (805) at least 48 hours prior to the meeting to enable the Board to make reasonable arrangements. [This Agenda was posted at the Goleta Water District, 4699 Hollister Avenue, Goleta CA and delivered in accordance with and.2 of the Government Code.]

3 MINUTES OF A REGULAR MEETING of the CACHUMA CONSERVATION RELEASE BOARD held at the Montecito Water District Board Conference Room 583 San Ysidro Road Montecito, CA Thursday, November 1, 2018, 10:00 am CALL TO ORDER, ROLL CALL The meeting was called to order at 10:02 a.m. by Board President Lauren Hanson. Those in attendance were: Directors Present: Lauren Hanson Doug Morgan Kristen Sneddon Also Present: John McInnes Ryan Drake Nick Turner Peter Cantle Goleta Water District Montecito Water District City of Santa Barbara Present by Phone: Kevin O Brien Sam Bivins Joshua Haggmark Jean Baldrige Ted Harris Enrique Lopezcalva Warren Greco PUBLIC COMMENT No one from the general public was present; there was no public comment. CONSENT AGENDA A motion was made and seconded (Morgan/Sneddon) to approve the Consent Agenda. The motion passed 3-0.

4 REGULAR AGENDA President Hanson suggested that the Regular Agenda be moved forward ahead of Closed Session; this was agreed to by all Board members. RA-1) Update regarding Draft Water Board Order and Federal Reconsultation Process for the Cachuma Project. The Board received and considered a status briefing regarding the Water Rights Order currently in process with the State Water Resources Control Board. Water Board staff advise that the matter may be heard in closed session November 27. If so, a public draft could be released for the Water Board s consideration in January CCRB staff will continue to monitor the schedule and report to the CCRB accordingly. The Board received and considered a status briefing regarding the federal Section 7 Reconsultation process for the Cachuma Project. Executive Director Cantle and Chief Counsel O Brien summarized the October 16, 2018 meeting with US Bureau of Reclamation and National Marine Fisheries Service personnel in Long Beach, the purpose of which was to present the New Proposed Action for the Cachuma Project. The reception at the meeting was collegial and respectful, with ample opportunity to discuss the New Proposed Action. Staff anticipates ongoing exchange with USBR and NMFS as the process unfolds. Mr. O Brien, Associate Counsel Bivins and Mr. Harris discussed the October 19, 2018 Presidential Memorandum Promoting Reliable Supply and Delivery of Water in the West to the Cachuma Project. Mr. O Brien noted that the memorandum specifically applies to three major western water projects that are in protracted consultation processes, though an argument could be made to seek its application to the Cachuma Project. Mr. Harris noted that the memorandum s intent is to accelerate the three identified projects. President Hanson asked who determines whether a project is major for purposes of applicability and who is the designated official described in the memorandum. Mr. O Brien stated that there are several open questions regarding interpretation of the memorandum due to its recent issuance, but additional guidance may be forthcoming from Dept. of Interior that will clarify applicability, decision-making personnel and related issues. CLOSED SESSION The Board went into closed session at 10:17 a.m. to discuss matters regarding existing and potential litigation as well as public employee appointment. The Board came out of closed session and reconvened the public meeting at 11:40 a.m. There was no reportable action from closed session. REGULAR AGENDA The Board returned to the Regular Agenda to address RA-2, Set Next Meeting; Consider Rescheduling January 3, 2019 Meeting; and, Adjourn. A special meeting of the Cachuma

5 Conservation Release Board will be held at 10:00 am November 16, 2019 at the City of Santa Barbara s Gebhard Conference Room, 630 Garden Street, Santa Barbara. The next regular meeting of the Cachuma Conservation Release Board will be held at 10:00 am December 6, 2018 at the Goleta Water District. It was noted that this will be Director Morgan s final CCRB Board meeting. The January meeting of the Cachuma Conservation Release Board was rescheduled to January 17, at a location to be determined. The meeting adjourned at 11:45 a.m. Respectfully submitted, Secretary to the Board

6 MINUTES OF A SPECIAL MEETING of the CACHUMA CONSERVATION RELEASE BOARD held at the David Gebhard Conference Room 630 Garden Street Santa Barbara, CA Friday, November 16, 2018, 10:00 am CALL TO ORDER, ROLL CALL The meeting was called to order at 10:01 a.m. by Board President Lauren Hanson. Those in attendance were: Directors Present: Lauren Hanson Doug Morgan Kristen Sneddon Also Present: Ryan Drake Peter Cantle Goleta Water District Montecito Water District City of Santa Barbara Present by Phone: Kevin O Brien Sam Bivins Liz Stallard (Downey Brand) Ted Harris Jean Baldrige PUBLIC COMMENT No one from the general public was present; there was no public comment. CLOSED SESSION The Board went into closed session at 10:01 a.m. to discuss matters regarding existing and potential litigation as well as public employee appointment. The Board came out of closed session and reconvened the public meeting at 11:00 a.m. There was no reportable action from closed session. REGULAR AGENDA RA-1) Confirm Next Meeting and Adjourn. President Hanson confirmed that the next meeting

7 of the Cachuma Conservation Release Board is scheduled for December 6, 2018 at the Goleta Water District, 4699 Hollister Ave. Goleta, CA The meeting adjourned at 11:00 a.m. Respectfully submitted, Secretary to the Board

8 Cachuma Conservation Release Board Agenda Letter Board of Directors City of Santa Barbara Goleta Water District Montecito Water District For Agenda Of: December 6, 2018 (Consent) No Estimated Time: Continued Item: If Yes, date from: TO: FROM: Board Members Peter Cantle, Executive Director SUBJECT: Unaudited Interim Financial Statement - Period Ending October 31, 2018 Legal Concurrence: As to form: N/A Recommended Actions: Receive and file the Unaudited Interim Financial Statement Period Ending October 31, Discussion: The Board of Directors approves the CCRB budget each fiscal year, which is subsequently ratified by each Member Agency s governing body. Following budget approval, unaudited interim financial results are provided each month to the Board to compare fiscal performance against the adopted budget. This report addresses the period ending October 31, Fiscal Analysis: Total income through October 31 was $531,199.11, reflecting receipt of second-quarter payments from Member Agencies. Expenses through October 31 ($203,999.23) reflected costs incurred for CCRB management, legal, technical and strategic regulatory support driven by the reconsultation process underway with USBR and NMFS, and essential administrative processes (e.g., accounting, auditing, computer/website support, insurance). Attachments: Attachment 1: Unaudited Interim Financial Statement for the period ending October 31, 2018 Authored by: Peter Cantle, Executive Director

9 ATTACHMENT 1 UNAUDITED INTERIM FINANCIAL STATEMENT PERIOD ENDING OCTOBER 31, 2018

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13 Cachuma Conservation Release Board Agenda Letter Board of Directors City of Santa Barbara Goleta Water District Montecito Water District For Agenda Of: December 6, 2018 Estimated Time : 15 minutes Continued Item: No If Yes, date from: TO: FROM: Board Members Peter Cantle, Executive Director SUBJECT: Item RA-1: Financial Audit for Fiscal Year Ending June 30, 2018 Legal Concurrence: As to form: N/A Recommended Actions Receive a presentation on the draft Fiscal Year 2018 Audit Report from Bartlett, Pringle & Wolf LLP and consider approval; if approved, receive and file the FY2018 Audit. Discussion Bartlett, Pringle and Wolf LLP has provided financial auditing services to CCRB for several recent audits, and were engaged to complete the Financial Audit for the fiscal year that ended June 30, The draft audit report, comprised of three documents, is attached for the Board s consideration, review and approval. Fiscal Analysis: CCRB s recently-ratified budget for FY includes $8,000 for auditing services in Account Code Through October 31, 2018, $7202 has been expended in completing the FY2018 audit. I do not anticipate a substantial cost overrun, as the audit process has been smooth, timely and functional. Attachments: Att. 1: Cachuma Conservation Release Board June 30, 2018 and 2017 Financial Statements Att. 2: 2018 (Draft) Management Letter Bartlett, Pringle and Wolf LLP Att. 3: 2018 CCRB Journal Entry Report Authored by: Peter Cantle, Executive Director

14 ATTACHMENT 1 CACHUMA CONSERVATION RELEASE BOARD JUNE 30, 2018 AND 2017 FINANCIAL STATEMENTS

15 CACHUMA CONSERVATION RELEASE BOARD June 30, 2018 and 2017 FINANCIAL STATEMENTS

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17 Minimum Audit Requirements for California Special Districts

18 Required Supplementary Information

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25 See accompanying notes

26 See accompanying notes

27 See accompanying notes

28 See accompanying notes

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34 ATTACHMENT (DRAFT) MANAGEMENT LETTER BARTLETT, PRINGLE AND WOLF LLP

35 Original Comment

36 Current Status Original Comment Current Status Original Comment Current Status

37 Original Comment Current Status Certified Public Accountants and Consultants

38 ATTACHMENT CCRB JOURNAL ENTRY REPORT

39 11/26/2018 1:51 PM Client: CACHUMA CONSERVATION RELEASE BOARD (A6185) Engagement: A6185-6/30/18 Audit - Cachuma Conservation Release Board Period Ending: 6/30/2018 Trial Balance: 1 - CCRB TB Workpaper: 4 - Adjusting Journal Entries Report Account Description W/P Ref Debit Credit Adjusting Journal Entries JE # 1 BB-2 To update AP Aging to tie to the GL after the constructive return as of 06/30/18 per received from Antionette BPW-1 Constructive Return 4, Accounts Payable 4, Total 4, , of 1

40 Cachuma Conservation Release Board Agenda Letter Board of Directors City of Santa Barbara Goleta Water District Montecito Water District For Agenda Of: December 6, 2018 Estimated Time : 5 minutes Continued Item: No If Yes, date from: TO: FROM: SUBJECT: Board Members Peter Cantle, Executive Director Item RA-2: Updates Draft Water Board Order and Federal Reconsultation Process for Cachuma Project Legal Concurrence: As to form: N/A Recommended Actions: Receive a status update regarding the State Water Resources Control Board draft Water Rights Order and the federal (Sec. 7) Reconsultation process underway with the US Bureau of Reclamation and National Marine Fisheries Service. Discussion State Water Resources Control Board Water Rights Orders: The Board order and associated permits are still in draft form, awaiting consideration in additional closed session and public hearings. Water Board staff now indicate that the matter is likely to be considered by the Water Board during the first quarter of CCRB staff will continue to monitor the status and scheduling of this matter and update the Board accordingly. Cachuma Project Reconsultation Process: CCRB staff and consultants as well as representatives of the Downstream Interests are coordinating with USBR staff in the production of a revised Biological Assessment to support the New Proposed Action that was presented to the National Marine Fisheries Service in mid-october. The revised BA will require multiple highly detailed plans, and USBR has indicated that it will be seeking assistance from the Cachuma Users in preparing several of them. The plans will be included as appendices to the document. USBR intends to deliver the draft BA to NMFS in mid-march, CCRB s consultants are now scoping the workload associated with producing the recently identified plans, so that the Board can consider budget adjustments that may be needed. Staff will bring this information forward as soon as possible, and will keep the Board apprised as new information comes to light regarding the Reconsultation process.

41 CCRB Board of Directors, December 6, 2018 RA-2: Water Board Order and Reconsultation Update Page 2 of 2 Fiscal Analysis: CCRB s approved FY2019 budget provides for staff and consulting support related to both the Water Board Order and the federal Reconsultation process. Virtually no expenses have been incurred this fiscal year regarding the State process because the Water Board has not yet acted to issue the order and permits. Costs associated with legal and technical consulting support for the Reconsultation process to date have been substantial and we expect this to continue during development of the revised Biological Assessment and its appendices. Staff will provide additional budget analysis as the financial picture clarifies. Attachments: None. Authored by: Peter Cantle, Executive Director

42 Cachuma Conservation Release Board Agenda Letter Board of Directors City of Santa Barbara Goleta Water District Montecito Water District For Agenda Of: December 6, 2018 Estimated Time : 20 minutes Continued Item: No If Yes, date from: TO: FROM: SUBJECT: Board Members Peter Cantle, Executive Director Item RA-3. Adoption of Resolution Authorizing Change in Employment Status of CCRB Executive Director and Authorizing Execution of Employment Agreement Legal Concurrence: As to form: Yes; CCRB s legal counsel has reviewed and approved the contents of this board letter. Recommended Actions: Consider and adopt resolution addressing Executive Director employment status and authorizing execution of employment agreement. Discussion: The CCRB Board filled its Executive Director position on February 2, 2018, at an annual pay of $150,000, the entry level for the position. (The position has a stated pay range up to $200,000, depending on qualifications.) While certain business-related costs (e.g., travel, phone, mileage) are reimbursed, no compensation is provided beyond the financial remuneration. Per the contract executed between CCRB and Cantle Environmental Services LLC, the Executive Director is an independent contractor and is responsible for any insurance (e.g., personal healthcare, professional liability, etc.), federal and state payments such as Medicare, Social Security, Worker s Compensation, CASDI and other related costs. The above notwithstanding, an April 2018 California Supreme Court case has reset the standard for determining whether a person is an independent contractor or an employee of a hiring body. CCRB counsel has considered the case law and the facts as they pertain to the Executive Director position, and advises the CCRB Board that, under California law, the Executive Director may not qualify as an independent contractor, and recommends that the Executive Director be reclassified as an employee. At President Hanson s request, I contacted Accountability Plus, CCRB s bookkeeping vendor, to inquire about payroll and human resource services they provide. Accountability Plus referred the request to an affiliate company, Payroll Vault, which offers both payroll services and basic human resource services for small to medium-sized firms. A proposal from Payroll Vault is in the works that will provide detail regard-

43 CCRB Board of Directors, December 6, 2018 RA-3. Executive Director Employment Status Page 2 of 2 ing the potential levels and options for payroll and human resources services and the costs associated with those services. As this information becomes available, I will provide it to the Board and counsel. The Board has indicated that the desired timing to implement this change from contractor to employee is by January 2019, with the idea that this might make the transition easiest for all parties. To do so, a contract agreeable to both parties that sets out the employment and compensation terms will need to be developed. The attached resolution, if approved, converts the Executive Director position from contractor to CCRB employee and authorizes the execution of a contract between CCRB and the Executive Director to implement this new relationship. Fiscal Analysis: Account Code 5301 (Executive Director Salary) of CCRB s approved FY2019 budget contains the amount budgeted for Executive Director compensation ($165,000). (This budget amount was based on the assumptions that the position would continue as an independent contractor and that a compensation increase would be considered by the Board during the fiscal year.) In addition to costs for payroll and human resources services (which are still being developed), the conversion of the position to that of an employee will create other costs that CCRB, as the employer, will be required to cover (e.g., Medicare and Social Security taxes, worker s compensation, and others). Without considering benefits, these costs appear to be approximately 13% of compensation. Attachments: None; draft Resolution to be provided separately by Downey Brand Authored by: Peter Cantle, Executive Director (staff report) CCRB Counsel Downey Brand (resolution)

44 Cachuma Conservation Release Board Agenda Letter Board of Directors City of Santa Barbara Goleta Water District Montecito Water District For Agenda Of: December 6, 2018 Estimated Time : 5 minutes Continued Item: No If Yes, date from: TO: FROM: SUBJECT: Board Members Peter Cantle, Executive Director Item RA-4: CCRB Resolution , Honoring W. Douglas Morgan For His Service to the Cachuma Conservation Release Board Legal Concurrence: As to form: N/A Recommended Actions: Consider the attached resolution and approve by roll call vote of the Board. Discussion W. Douglas (Doug) Morgan has served on the Cachuma Conservation Release Board since January 2010 as the delegate from the Montecito Water District. During his tenure, he has served as a Director and as Board President. Doug Morgan is concluding his public service to the Montecito Water District and the Cachuma Conservation Release Board, and the December 6 meeting of the CCRB Board is his last. The attached draft resolution, if approved, recognizes and commemorates his service with deep appreciation from his colleagues. Fiscal Analysis: None. Attachments: Attachment 1: CCRB Resolution , Honoring W. DOUGLAS MORGAN for His Service to the Cachuma Conservation Release Board Authored by: Peter Cantle, Executive Director

45 ATTACHMENT 1 CCRB RESOLUTION HONORING W. DOUGLAS MORGAN FOR HIS SERVICE TO THE CACHUMA CONSERVATION RELEASE BOARD

46 CACHUMA CONSERVATION RELEASE BOARD RESOLUTION NO A RESOLUTION OF THE BOARD OF DIRECTORS COMMENDING W. DOUGLAS MORGAN WHEREAS, W. Douglas (Doug) Morgan is a Professor Emeritus of Economics who, since retiring in 2007 after 40 years of teaching and research at University of California, Santa Barbara, has continued to serve his community through, among other things, his longstanding engagement in Boy Scouts and as a Director with the Montecito Water District Board of Directors; and WHEREAS, Doug Morgan has served the Cachuma Conservation Release Board with distinction since joining the Board in January, 2010 as Montecito Water District s designated representative, and in that capacity has served CCRB as both a Director and as Board President; and WHEREAS, throughout his CCRB tenure Doug Morgan has strived to balance the water needs of the South Coast of Santa Barbara County with the equally important need to protect and enhance the survival of southern California steelhead in the Santa Ynez River watershed; and WHEREAS, Doug Morgan s Cachuma Conservation Release Board colleagues from the Goleta Water District and the City of Santa Barbara have greatly appreciated his playful sense of humor; his good-natured approach in striving to achieve positive outcomes; his insistence on incorporating the best possible science into every aspect of CCRB s decision-making; and, his collaborative nature with other Board members, agency staff and consultants; and WHEREAS, Doug Morgan will conclude his term in office as a Montecito Water District Board Member in December, 2018, thereby also completing his Director service to CCRB. NOW, THEREFORE, BE IT RESOLVED that the remaining CCRB Board members gratefully thank Director W. Douglas Morgan for his many contributions on the CCRB Board, for being a careful steward of our South Coast communities' precious water resources, a vigorous advocate for our region s environment, and for being our good friend. CERTIFICATION The undersigned hereby certify that the foregoing resolution was approved and adopted at a duly noticed meeting of the Board of Directors of the Cachuma Conservation Release Board held on December 6, Lauren Hanson, Board President Kristen Sneddon, Director Peter Cantle, Board Secretary