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Pajaro River Watershed Flood Prevention Authority Meeting Agenda c/o RAPS, Inc. P.O. Box 809 Marina, CA 93933 (831) 883-3750 LOCATION: San Benito County Supervisor Council Chambers 481 Fourth Street November 2, 2012 9:00 a.m. Hollister, California RECOMMENDED ACTION 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ORAL COMMUNICATIONS FROM THE PUBLIC ON ITEMS NOT ON THE AGENDA 5. ORAL COMMUNICATIONS FROM THE BOARD ON ITEMS NOT ON THE AGENDA 6. CONSENT AGENDA APPROVE A. Minutes of the August 3, 2012 Meeting -Ana Flores Approve the minutes of the August 3, 2012 meeting. (Page 5) B. San Benito River Study -Lidia Gutierrez Approve the following invoices from ESA PWA for services provided for the Pajaro and San Benito Rivers Sediment Study. 1. June 30, 2012 - July 27, 2012 in the amount of $13,649.07. 2. July 28, 2012 - September 28, 2012 in the amount of $14,035.00. (Page 9) Page 1 of 68 Page 1 of 68

Pajaro River Watershed Flood Prevention Authority Meeting ...€¦ · items. The first item is the Phase 2 Site Assessment, soil samples have been tested and staff will get the results

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Page 1: Pajaro River Watershed Flood Prevention Authority Meeting ...€¦ · items. The first item is the Phase 2 Site Assessment, soil samples have been tested and staff will get the results

Pajaro River Watershed Flood Prevention Authority Meeting

Agenda

c/o RAPS, Inc. P.O. Box 809

Marina, CA 93933 (831) 883-3750

LOCATION: San Benito County Supervisor Council Chambers

481 Fourth Street November 2, 2012 9:00 a.m. Hollister, California RECOMMENDED ACTION 1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

4. ORAL COMMUNICATIONS FROM THE PUBLIC ON ITEMS NOT ON THE AGENDA

5. ORAL COMMUNICATIONS FROM THE BOARD ON ITEMS NOT ON THE AGENDA

6. CONSENT AGENDA APPROVE

A. Minutes of the August 3, 2012 Meeting -Ana Flores

Approve the minutes of the August 3, 2012 meeting. (Page 5)

B. San Benito River Study -Lidia Gutierrez

Approve the following invoices from ESA PWA for services provided for the Pajaro and San Benito Rivers Sediment Study.

1. June 30, 2012 - July 27, 2012 in the amount of $13,649.07. 2. July 28, 2012 - September 28, 2012 in the amount of $14,035.00. (Page 9)

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C. Approval of Payment to Atchison Barisone Condotti & Kovacevich -Maura Twomey Approve the invoices from ABC Law Firm, the FPA's legal counsel for

services rendered in August and September 2012. (Page 17) D. Approval of Payment to Gutierrez Consultants for July 2012, August

2012 and September 2012 -Lidia Gutierrez Approve the July 2012, August 2012 and September 2012 invoices for Lidia Gutierrez’s work on the Soap Lake Preservation Project. (Page 21)

E. Approval of Payment to RAPS, Inc. for June 2012, July 2012, August

2012 and September 2012 -Maura Twomey Approve the June 2012, July 2012, August 2012 and September 2012 invoices for RAPS, Inc. (Page 29)

F. Draft 2013 Schedule of Meetings -Ana Flores Approve the draft schedule of meetings for 2013. (Page 41) G. PRWFPA Banking and Signature Authorizations

-Arleicka Conley

Approve the attached letter to Rabobank changing the individuals with authority to access PRWFPA’s bank accounts. (Page 43)

7. ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION AND

POSSIBLE ACTION 8. ADMINISTRATION

A. Financial Update Report ACCEPT -Arleicka Conley Accept the financial update report. (Page 47)

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9. PLANNING

A. Soap Lake Floodplain Preservation Project Grant Award APPROVE -Lidia Gutierrez

Approve the draft grant agreement with The Nature Conservancy. (Page 55)

B. Pajaro River Project Update ACCEPT

-Bruce Laclergue

Receive an update on the status of the following projects. 1. Pajaro River Bench Excavation Project. (Page 59) 2. Pajaro River Risk Reduction Project Update. (Page 67)

10. ADJOURN

Note: Action listed for each Agenda item represents the staff recommendation. The Board of Directors may, at its discretion, take any action on the items listed in the Agenda.

If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 USC Sec. 12132), and the federal rules and regulations adopted in implementation thereof.

If you have a request for disability-related modification or accommodation, including auxiliary aids or services, contact AMBAG, at 831-883-3750, or email [email protected], at least 48 hours prior to the meeting date.

Mission: The purpose of the Authority is to identify, evaluate, fund and implement environmentally sound flood prevention and control strategies in the Pajaro River Watershed, on an intergovernmental, cooperative basis as required by the Pajaro River Watershed Flood Prevention Authority Act.

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MINUTES OF THE PROCEEDINGS OF THE BOARD OF DIRECTORS OF THE

Pajaro River Watershed Flood Prevention Authority PRWFPA August 3, 2012 1. CALL TO ORDER The Board of Directors of the Pajaro River Watershed Flood Prevention Authority, Chair Calcagno presiding, convened at 9:00 a.m. on Friday, August 3, 2012 at the Gilroy City Hall, Council Chambers, Gilroy CA. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Members – Board of Directors

Representative

Present

Absent

County of San Benito Supervisor Margie Barrios X County of Santa Cruz Supervisor Greg Caput X County of Monterey Supervisor Louis Calcagno X County of Santa Clara Supervisor Mike Wasserman X Monterey County Water Resources Agency Director Silvio Bernardi X San Benito County Water District Director Frank Bettencourt X Santa Clara County Water District Director Don Gage X Zone 7 Flood Control District Director Nancy Bilicich X City of Gilroy (Associate Member) Saeid Vaziry, Sr. Environ. Engineer X City of Hollister (Associate Member) Councilmember Pauline Valdivia X City of Morgan Hill (Associate Member) Councilmember Marilyn Librers X

Others Present: Lidia Gutierrez, Gutierrez Consultants; Carol Presley, SCVWD; Clara Spaulding and Roland Velasco, County of Santa Clara; Bruce Laclergue, County of Santa Cruz; Brent Buche, Jim Slater and Manuel Quesada, MCWRA; Dale Rosskamp, SBCWD; Kenn Reiller, Sierra Club; Mike Conner, The Nature Conservancy; Elisabeth Russell, Bobbie Grant and Ana Flores, Regional Analysis and Planning Services, Inc. (RAPS, Inc.). 4. ORAL COMMUNICATIONS FROM THE BOARD ON ITEMS NOT ON THE

AGENDA None. 5. ORAL COMMUNICATIONS FROM THE PUBLIC ON ITEMS NOT ON THE

AGENDA None.

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6. CONSENT AGENDA A. San Benito River Study Invoices for services rendered by ESA PWA for the San Benito River Sediment Study were approved. B. Approval of Payment to Gutierrez Consultants for April 2012, May 2012 and June 2012 Invoices for services rendered by Gutierrez Consultants in April 2012, May 2012 and June 2012 were approved. C. Approval of Payment to RAPS, Inc. for April 2012 and May 2012 Invoices for services rendered by RAPS, Inc. in April 2012 and May 2012 were approved. Motion made by Director Gage, seconded by Director Wasserman to approve the consent agenda. Motion passed unanimously. 7. ITEMS REMOVED FROM CONSENT CALANDAR FOR DISCUSSION AND

POSSIBLE ACTION No items were pulled from the consent agenda. 8. PLANNING A. Pajaro River Project Update 1. Pajaro River Bench Excavation Project Bruce Laclergue, County of Santa Cruz reported that work on the Pajaro River Bench Excavation project has begun. Truckloads of material have begun to leave the site and Pavex Construction is ahead of schedule. Staff will start working on Phase 2 construction which is estimated to cost approximately $5.7 million dollars. The project will go out to bid in the fall of 2012. Director Gage thanked Mr. Laclergue for his hard work on the project. 2. Pajaro River Risk Reduction Project Bruce Laclergue, County of Santa Cruz reported that the local sponsors and the Corps met with the environmental resource agencies to discuss the impacts of Alternative 9.D. The meeting consensus was that Alternative 9.D is unacceptable. The local sponsors proposed the Locally Requested Plan (LRP) 5 which is identical to Alternative 9.D but would include a 50 foot set back levee for Reach 4 on the right bank. The Corps was concerned with LRP 5, as there is a significant increase in the project scope and cost of approximately $57 million dollars. The Corps has proposed Alternative 9D-Revised. The local sponsors are supportive of the alternative plan and are working with the Corps and resource agencies on the development of the alternative. Brief discussion followed.

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B. Soap Lake Floodplain Preservation Project Grant Award Carol Presley, SCVWD gave a presentation on the Soap Lake Floodplain Preservation Project. Ms. Presley reported that the FPA sponsored hydrology and hydraulic studies in 2001 - 2004 that verified (1) sustainable flood protection requires downstream levee improvements in conjunction with upstream floodplain management and (2) Soap Lake Floodplain Preservation was the most cost effective approach for upstream floodplain management. To date, 1,969 acres out of the 9,100 acre floodplain have been preserved and The Nature Conservancy (TNC) is looking to acquire an additional 165 acres. Ms. Presley reported that TNC has submitted a grant application to the Authority for acquisition of an easement within the Soap Lake Floodplain. Ms. Presley introduced Mike Conner from TNC to talk about the Gonzales Property. Mr. Conner reported that TNC will attempt to acquire the 165 acre farm and ranch property through temporary fee title acquisition. Some of the important features of this property are (1) it is currently under bankruptcy and the bankruptcy court has approved the transaction; (2) it is considered a critical riparian corridor and 50 feet on either side of the corridor will be restored; (3) the property is fallow but has supported grazing and row crops; and (4) there are no residential or agricultural structures. Mr. Conner stated that TNC will temporarily acquire the fee interest, restore the riparian corridor and encumber the easement. TNC intends to sell the encumbered property within three years of purchase with easement restrictions to preserve the floodplain. Preservation of the property will feature the following: (1) 148 acres will be maintained in floodplain compatible agriculture; (2) there will be an investigation and assessment of existing pumps and groundwater wells; and (3) it will allow a two acre building envelope to fully support a sustainable agriculture operation. Lidia Gutierrez, Gutierrez Consultants stated that the property was appraised on June 29, 2012 and is valued at $661,040. TNC is seeking a grant award of $355,520 which includes 50% of the easement value and eligible pre-acquisition costs. Staff recommends the approval of TNC's grant application contingent upon acceptable resolution of two outstanding items. The first item is the Phase 2 Site Assessment, soil samples have been tested and staff will get the results next week. The second item is the San Benito County Williamson Act waiver. If the waiver is not approved the restoration area would be reduced from 17 acres to 14 acres, eliminating the San Benito portion. Ms. Gutierrez stated that the Authority's legal counsel would review the draft conservation easement documents and draft the grant agreement between the Authority and TNC. Brief discussion followed. Director Gage stated that in the future the Authority will need to be more strategic in terms of which easements it should help acquire. Motion made by Director Gage, seconded by Director Wasserman to approve the Soap Lake Floodplain Grant application from The Nature Conservancy contingent upon the resolution of the following: (1) Phase 2 site assessment and (2) the San Benito Williamson Act exemption. Motion passed unanimously.

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9. ADMINISTRATION A. PRWFPA Legal Services Lidia Gutierrez, Gutierrez Consultants reported that interviews for the selection of a legal firm to provide legal services to the Authority were held on July 12, 2012. The selection panel comprised of Diane Eidam, RAPS, Inc, Lidia Gutierrez, Gutierrez Consultants and David Chardavoyne, MCWRA interviewed the following three firms: (1) Atchison, Barisone, Condiotti and Kovacevich; (2) DeLay and Laredo and (3) Noland, Hamerly, Etienne & Hoss. The fourth firm, Grunskey, Ebey, Farrar and Howell withdrew over a scheduling mishap. The selection panel recommends the selection of Atchison, Barisone, Condotti and Kovacevich as the Authority's legal counsel. Mr. Condotti demonstrated superior experience, understanding of conservation easements and related issues. Motion made by Director Gage, seconded by Director Wasserman to approve the selection of Atchison, Barisone, Condotti and Kovacevich as the PRWFPA's legal counsel and authorized the Interim Executive Coordinator to execute the attached contract. Motion passed unanimously. 10. ADJOURNED The meeting adjourned at 11:45 a.m.

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550 Kearny Street

Suite 900

San Francisco, CA 94108

415.262.2300 phone

415.262.2303 fax

www.pwa-ltd.com

memorandum

date October 10, 2012 to Ana Flores, AMBAG from Christian Nilsen subject Summary of services performed July 28 to September 28, 2012. Attached is ESA PWA’s invoice for services performed from July 28th to September 28th 2012 for the Pajaro and San Benito Rivers Sediment Study. Please contact me if you have any questions. During this period ESA PWA performed the following services:

Task 1.1 Flow gage installation Field coordination for flow gage Pre-season planning

Task 2.1 Topographic Survey

Completed workup of survey and accompanying memo

Task 2.2 Sediment Transport Model Refined cross-sections in model Initial calibration

Task 3.1 Develop Field Plan and Project Initiation

Draft and final field plan memos delivered in September Task 3.3 Project Management

Project coordination FPA Staff conference call

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Project Manager: Christian Nilsen

Ana FloresExecutive AssistantAssociation of Monterey Bay Area Governments445 Reservation Road, #GMarina, CA 93933

October 10, 2012Invoice No: 99896

550 Kearny Street, Suite 800San Francisco, CA 94108

(415) 896-5900

Project D120231.00 Pajaro and San Benito Rivers Sediment StudyProfessional Services from July 28, 2012 to September 28, 2012 Task 0000001 Task 1 Subtask 0000001 Task 1.1 - Flow Gage Installation Professional Personnel

Hours Rate AmountSenior Managing Associate - Eng.

Nilsen, Christian 6.50 175.00 1,137.50Technical Associate II

Gragg, Justin 1.00 160.00 160.00Hydrographer

Kunz, Damien 4.75 105.00 498.75Totals 12.25 1,796.25Total Labor 1,796.25

$1,796.25Total this Subtask

$1,796.25Total this Task

Task 0000002 Task 2 Subtask 0000001 Task 2.1 - Topographic Survey Professional Personnel

Hours Rate AmountTechnical Associate II

Gragg, Justin 4.00 160.00 640.00Totals 4.00 640.00Total Labor 640.00

$640.00Total this Subtask

Subtask 0000002 Task 2.2 - Sediment Transport Model Professional Personnel

Hours Rate AmountSenior Director I - Eng.

Collison, Andrew 3.00 215.00 645.00Technical Associate II

Gragg, Justin 52.00 160.00 8,320.00Senior Associate II - Eng

White, Jason 1.00 145.00 145.00Totals 56.00 9,110.00

PAYMENT DUE UPON RECEIPT

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Total Labor 9,110.00

$9,110.00Total this Subtask

$9,750.00Total this Task

Task 0000003 Task 3 Subtask 0000001 Task 3.1 - Develop Field Plan and Project Initiation Professional Personnel

Hours Rate AmountSenior Managing Associate - Eng.

Nilsen, Christian 5.50 175.00 962.50Hydrologist II

Haines, Brian .50 125.00 62.50Hydrographer

Kunz, Damien 3.25 105.00 341.25Totals 9.25 1,366.25Total Labor 1,366.25

$1,366.25Total this Subtask

Subtask 0000003 Task 3.3 - Project Management Professional Personnel

Hours Rate AmountSenior Director I - Eng.

Collison, Andrew 4.00 215.00 860.00Senior Managing Associate - Eng.

Nilsen, Christian 1.50 175.00 262.50Totals 5.50 1,122.50Total Labor 1,122.50

$1,122.50Total this Subtask

$2,488.75Total this Task

Billing Limits Current Prior To-Date

Total Billings 14,035.00 48,944.17 62,979.17Limit 189,000.00Remaining 126,020.83

$14,035.00TOTAL INVOICE AMOUNT:

Outstanding Invoices

Number Date Balance99066 8/9/2012 13,649.07Total 13,649.07

Current Prior TotalBillings to Date 14,035.00 48,944.17 62,979.17

Page 2PAYMENT DUE UPON RECEIPT

Project 99896D120231.00 Invoice

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Remit to:

E S AP.O. Box 92170Elk Grove, IL  60009

TIN #:  94-1698350

Page 3PAYMENT DUE UPON RECEIPT

Project 99896D120231.00 Invoice

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118  Diablo  Ranch  Court  Danville,  CA  94506  925.766.5294  

October 16, 2012 Ms. Maura Twomey, Executive Director Pajaro River Watershed FPA Post Office Box 809 Marina, CA 93933-0809 Dear Maura: Attached is an invoice from Gutierrez Consultants for professional services provided from September 1, 2012 through September 30, 2012. The services were provided in accordance with the Soap Lake Floodplain Preservation Project Contract. The invoice is for a total amount of $3,244.90. However, there is also a credit memo for the reimbursement of $203.21 for mileage markup on prior invoices. The net payment due this month is $3,041.69 and the budget remaining under this authorization is $55,869.71. Sincerely,

Lidia Gutierrez Principal

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Bill To:Pajaro River Watershed FPAC/O RAPS,Inc.P.O. Box 809Marina, CA 93933-0809

Invoice

Item Description Quantity Rate AmountFPA Subtask1.5 GrantRecommend

Prepare TNC Grant Recommendation and AwardLetter; review and edit Staff Working Group meetingagenda; review and edit FPA budget managementdiscussion

5 185.00 925.00

FPA Subtask1.6 GrantAgreement

Prepare for and attend September 19, 2012 SWGmeeting and review TNC grant agrement status andrequirements; review and edit draft TNC grantagreement; prepare for and participate in conferencecall with TNC and FPA general counsel regardingcomments on draft grant agreement

12 185.00 2,220.00

ODCs Mileage: 180 miles at $0.555 per mile forSeptember 19, 2012 Staff Working Group meeting

99.90 99.90

Date10/10/12

Gutierrez Consultants118 Diablo Ranch CourtDanville, CA 94506

Invoice No.471

P.O. Number TermsNet 60

Project

Total $3,244.90

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Credit No.472

CustomerPajaro River Watershed FPAC/O RAPS,Inc.P.O. Box 809Marina, CA 93933-0809

Project

Item Description Quantity Rate AmountODCs Credit for Mileage Markup 203.21 -203.21

Credit Memo

Date10/10/12

Gutierrez Consultants118 Diablo Ranch CourtDanville, CA 94506

P.O. Number

Total $-203.21

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Invoice  Number

Invoice  Date

Mileage  Markup

470 9/6/12 $0.00455 8/10/12 $0.00451 7/3/12 $0.00439 6/25/12 $0.00435 5/25/12 $0.00421 4/12/12 $21.09420 3/19/12 $9.99402 2/14/12 $21.09400 1/16/12 $0.00391 12/12/11 $0.00382 11/20/11 $0.00361 10/18/11 $0.00359 9/22/11 $9.18344 8/16/11 $0.00343 7/29/11 $9.18338 6/22/11 $0.00333 5/13/11 $9.18319 4/19/11 $7.50310 3/27/11 $14.00303 2/14/11 $9.00301 1/15/11 $27.50291 12/9/10 $0.00288 11/22/10 $0.00276 10/20/10 $16.50273 10/9/10 $9.00265 8/17/10 $20.00263 8/8/10 $20.00

$203.21Total

Pajaro  River  Watershed  FPA  Mileage  Markup  Credit  (FY  

10/11  -­‐  FY  12-­‐13)

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2013 PRWFPA Schedule of Meetings

January 4, 2013: Marina Library Community Room 190 Seaside Circle, Marina, CA 93933 Meeting Time: 9 am

March 1, 2013: Monterey County Water Resources Agency (tentative)

893 Blanco Circle, Salinas, CA 93901 Meeting Time: 9 am

May 3, 2013: Watsonville Council Chambers 275 Main Street, 4th Floor, (6th Flr. Parking), Watsonville, CA 95077 Meeting Time: 9 am July 2013: No Meeting Scheduled

September 6, 2013: San Benito County Board of Supervisors Chambers

481 Fourth Street, Hollister, CA 95023 Meeting Time: 9 am

November 1, 2013: Gilroy City Hall

7351 Rosanna Street, Gilroy, CA 95020 Meeting Time: 9 am

P.O. Box 809, Marina, CA 93933 Phone: 831.883.3750 FAX: 831.883.3755 www.pajaroriverwatershed.org Member Agencies: County of Monterey County of San Benito County of Santa Clara County of Santa Cruz Monterey County Water Resources Agency San Benito County Water District Santa Clara Valley Water District Santa Cruz County Zone 7 Flood Control District

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MEMORANDUM

TO: PRWFPA Board of Directors FROM: Maura F. Twomey, Executive Coordinator RECOMMENDED BY: Arleicka Conley, Director of Finance &

Administrative Services SUBJECT: PRWFPA Banking and Signature Authorizations MEETING DATE: November 2, 2012 RECOMMENDATION: It is recommended that the Board approve check signing authority and account access for the PRWFPA checking account as detailed below. BACKGROUND/DISCUSSION: PRWFPA requires two signatures on all bank drafts. PRWFPA has not changed its signature cards since March 2012. At that time, the departure of Randy Deshazo from AMBAG required that new signature cards be issued. Randy Deshazo was removed from the list of check signers and replaced with Interim Executive Coordinator Diane Eidam. The list of authorized signers was to include Director Barrios, Director Calcagno, and AMBAG staff members Diane Eidam, Bhupendra Patel and Elisabeth Russell. The additional signers were intended to prevent problems encountered in the past when check signers are on leave, away at meetings and conferences, or otherwise unavailable. AMBAG now has in place a replacement for Randy Deshazo as well as a permanent Executive Coordinator. AMBAG recommends adding Heather Adamson, AMBAG's new Principal Planner and Maura Twomey, the new

P.O. Box 809, Marina, CA 93933 Phone: 831.883.3750 FAX: 831.883.3755 www.pajaroriverwatershed.org Member Agencies: County of Monterey County of San Benito County of Santa Clara County of Santa Cruz Monterey County Water Resources Agency San Benito County Water District Santa Clara Valley Water District Santa Cruz County Zone 7 Flood Control District

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Executive Coordinator to the bank signature cards while removing Diane Eidam. Therefore, the new list of authorized signers will include Director Barrios, Director Calcagno, and AMBAG staff members Maura Twomey, Bhupendra Patel, Heather Adamson and Elisabeth Russell. Access to the PRWFPA bank account should be granted to Maura Twomey, Executive Coordinator, Arleicka Conley, Director of Finance & Administrative Services and Errol Osteraa, Senior Accountant. FINANCIAL IMPACT: There is no financial impact from this action. It should be noted that banking activity that results in deposits, transfers or withdrawals will be authorized and approved by the PRWFPA Board before any action is taken by the aforementioned authorized users. ATTACHMENT: 1. Letter to Rabobank

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November 2, 2012

Dan Walker, Branch Manager Rabobank 228 Reservation Road Marina, CA 93933 Dear Mr. Walker: This letter updates the signature cards for the accounts maintained by this organization as listed below. PRWFPA – XXXXXX9936 (Checking) Lou Calcagno, Margie Barrios, Maura Twomey, Elisabeth Russell, Heather Adamson and Bhupendra Patel Access to the above accounts should be granted to Maura Twomey, Executive Coordinator, Arleicka Conley, Director of Finance & Administrative Services and Errol Osteraa, Senior Accountant. Sincerely, Arleicka Conley Director of Finance & Administrative Services

P.O. Box 809, Marina, CA 93933 Phone: 831.883.3750 FAX: 831.883.3755 www.pajaroriverwatershed.org Member Agencies: County of Monterey County of San Benito County of Santa Clara County of Santa Cruz Monterey County Water Resources Agency San Benito County Water District Santa Clara Valley Water District Santa Cruz County Zone 7 Flood Control District

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`

MEMORANDUM

TO: PRWFPA Board of Directors FROM: Maura F. Twomey, Executive Coordinator RECOMMENDED BY: Arleicka Conley, Director of Finance &

Administrative Services SUBJECT: Financial Update Report MEETING DATE: November 2, 2012 BACKGROUND/DISCUSSION: Regional Analysis & Planning Services, Inc. (RAPS, Inc.) provides contract staffing services to the Pajaro River Watershed Flood Prevention Authority (PRWFPA). The contract includes administrative and financial services to the Board as well as the Staff Working Group (SWG). The monthly financial reporting, budget preparation and audit assistance fall within RAPS, Inc. duties. The Board packet includes the monthly financial reports through September 2012. During the months of July through September, PRWFPA incurred routine operational expenditures for contractual services. These services were provided by RAPS, Inc.: Staff Working Group and Board of Director’s agenda preparation and meeting attendance; Atchison Barisone Candiotti & Kovacevich: legal services consisting of contract and grant reviews; Moss, Levy & Hartzheim: audit fieldwork, preparation/drafting of the Management Discussion and Analysis for the FY 2011-2012 audit; Environmental Science Associates (ESA): Pajaro & San Benito River Sediment Studies and Gutierrez Consultants: work associated with the SoapLake Floodplain Preservation Project and meeting preparation and attendance. The aggregate amount for theses services was $58,524.62.

P.O. Box 809, Marina, CA 93933 Phone: 831.883.3750 FAX: 831.883.3755 www.pajaroriverwatershed.org Member Agencies: County of Monterey County of San Benito County of Santa Clara County of Santa Cruz Monterey County Water Resources Agency San Benito County Water District Santa Clara Valley Water District Santa Cruz County Zone 7 Flood Control District

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Accounts receivables outstanding as of the end of September 2012 totaled $65,184.70, consisting of two outstanding invoices to Pajaro Valley Water Management Agency (PVWMA) for the periods of October 2011 through April 2012 and outstanding member dues of four agencies. The financial auditors, Moss, Levy & Hartzheim, completed audit fieldwork in September 2012. No findings were reported at the preliminary closeout held at the end of fieldwork. The audited financial statements should be issued by November 30, 2012, and presented at the following Board meeting. PRWFPA remains in a stable financial position with a cash balance of $449,179.71, adequate to meet all known obligations. Net income for the period July 1 , 2012 through September 30, 2012 was $7,187.03. RECOMMENDATION: It is recommended that the Board of Directors receive and accept the monthly financial statements for September 2012. ATTACHMENTS: 1. September 2012 Balance Sheet 2. September 2012 Profit and Loss Statement 3. September 2012 Accounts Receivable 4. September 2012 Accounts Payable 5. April 2012 through September 2012 Check Register

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Unaudited Pajaro River Watershed Flood Prevention Auth. Balance Sheet

As of September 30, 2012

September 30, 2012

ASSETSCurrent Assets

Checking/SavingsCash in Bank Checking 321,706.23 LAIF Account 127,473.48

Total Checking/Savings 449,179.71$

Other AssetsAccounts Receivable 65,184.70 Accounts Receivable- Retention 38,295.48

Total Other Assets 103,480.18

TOTAL ASSETS 552,659.89$

LIABILITIES & EQUITYLiabilities

Current LiabilitiesAccounts Payable

Accounts Payable 58,524.62 Total Accounts Payable 58,524.62

Total Current Liabilities 58,524.62

Total Liabilities 58,524.62$

EquityFund Balance 12,277.37 Retained Earnings 474,670.87 Net Income/(Loss) 7,187.03

Total Equity 494,135.27

TOTAL LIABILITIES & EQUITY 552,659.89$

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Unaudited Pajaro River Watershed Flood Prevention Auth. Profit & Loss

July 2012- September 2012

July 2012 -September 2012

Ordinary Income/ExpenseIncome

Interest 47.55 Proposition 50 - Member Dues 64,000.00

Total Income 64,047.55$

Gross Profit 64,047.55

ExpenseAudit Expense 4,450.00 Gutierrez Consultants-Soap Lake Project 15,088.60 Environmental Science Associates (ESA) 27,684.07 Legal Expense 3,087.50 Administrative Services - RAPS 6,438.00 Insurance - Other Expense

Web Hosting Costs 74.85BOD Support 37.50

Total Other Expense 112.35 Total Expense 56,860.52$

Net Income/(Loss) 7,187.03$

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Unaudited Pajaro River Watershed Flood Prevention Auth. A/R Aging Detail

As of September 30, 2012

Date Num Name Due Date Open Balance

01/10/2012 105 PVWMA 07/16/2012 11,592.8004/30/2012 114 PVWMA 07/01/2012 21,591.9007/01/2012 106 Zone 7 - Co. of Santa Cruz 07/01/2012 8,000.0007/01/2012 108 County of Santa Cruz 07/01/2012 8,000.0007/01/2012 110 Santa Clara Vlly Water Dist. 07/01/2012 8,000.0007/01/2012 111 San Benito Co. Water Dist. 07/01/2012 8,000.00

TOTAL 65,184.70$

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Unaudited Pajaro River Watershed Flood Prevention Auth. A/P Aging Detail

As of September 30, 2012

Date Num Name Due Date Open Balance

08/03/2012 602693 AMBAG 11/30/2012 24.7308/03/2012 651001 AMBAG 11/30/2012 12.7709/30/2012 30586 Atchison Barisone Condotti & Kovacevich 10/30/2012 1,600.00

08/31/2012 30560 Atchison Barisone Condotti & Kovacevich 11/30/2012 1,487.5007/27/2012 99066 Environmental Science Associates 11/30/2012 13,649.0707/28/2012 99896 Environmental Science Associates 11/30/2012 14,035.0007/31/2012 455 Gutierrez Consultants 11/30/2012 8,339.8008/31/2012 470 Gutierrez Consultants 11/30/2012 6,748.8009/14/2012 48101755 MegaPath 09/14/2012 24.9508/31/2012 1467 Moss, Levy & Hartzheim 11/30/2012 2,000.0009/30/2012 1549 Moss, Levy & Hartzheim 11/30/2012 2,450.0006/30/2012 867 Regional Analysis & Planning Services, Inc. 11/30/2012 1,714.0007/31/2012 875 Regional Analysis & Planning Services, Inc. 11/30/2012 4,306.0008/31/2012 877 Regional Analysis & Planning Services, Inc. 11/30/2012 747.0009/30/2012 878 Regional Analysis & Planning Services, Inc. 11/30/2012 1,385.00

TOTAL 58,524.62$

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MEMORANDUM

TO: PRWFPA Board of Directors FROM: Lidia Gutierrez, Gutierrez Consultants SUBJECT: Soap Lake Floodplain Preservation Project Grant

Award MEETING DATE: November 2, 2012 BACKGROUND: The Pajaro River Watershed Flood Prevention Authority (FPA) is implementing Phase 1 of the Soap Lake Floodplain Preservation Project (Soap Lake Project). The Soap Lake Project is designed to preserve the natural floodplain characteristics through the acquisition of land and flood conservation easements. The FPA is encouraging the floodplain acquisitions by providing grant funds to agencies and organizations pursuing acquisitions within the Soap Lake floodplain. At the August 3, 2012 meeting, the FPA approved a grant award of $355,520 to The Nature Conservancy (TNC) for the temporary fee title acquisition of a 165-acre farm and ranch property in the Soap Lake Floodplain. Staff has prepared and is recommending approval of a grant agreement establishing the terms and conditions of that grant award. DISCUSSION:

TNC submitted a grant application to the FPA in June 2012. The application was submitted in accordance with the Soap Lake Floodplain Preservation Project Guidelines adopted by the FPA Board of Directors on May 3, 2012. The staff reviewed the application and determined that the acquisition met the project objectives and the application was complete. At the August 3, 2012 meeting, the Board accepted staff recommendation and awarded TNC a

P.O. Box 809, Marina, CA 93933 Phone: 831.883.3750 FAX: 831.883.3755 www.pajaroriverwatershed.org Member Agencies: County of Monterey County of San Benito County of Santa Clara County of Santa Cruz Monterey County Water Resources Agency San Benito County Water District Santa Clara Valley Water District Santa Cruz County Zone 7 Flood Control District

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grant award of $355,520 to help fund the acquisition of a property in the Soap Lake Floodplain. The subject property (Gonzales Property) is a 165 acre parcel along the Upper Pajaro River, highlighted in orange in the figure below. TNC closed escrow on its purchase of fee title to the property in early October, and plans to sell the property subject to a conservation easement within three years of the purchase. Most of the parcel, approximately 148 acres, will be maintained in floodplain compatible agriculture, likely cattle grazing. The area is large enough to support a sustainable farm operation. To accommodate the agricultural operation, TNC plans to permit a two-acre building envelope where one residential structure of up to 3,000 square feet may be constructed as well as outbuildings that support the onsite operation. The building envelope will be located close to one of the adjacent public roads.

Figure 1. Gonzales Parcel Location Map

Staff has prepared the attached grant agreement establishing the terms and conditions of the grant award. The agreement specifies the purpose and conditions of the grant, disbursement procedures, and other contractual obligations of TNC and the FPA. Staff is recommending Board approval of the agreement.

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FISCAL DISCUSSION As allowed in the Soap Lake Floodplain Preservation Project Guidelines, TNC was awarded a $355,520 grant. This agreement establishes the disbursement procedures and requirements for that award. RECOMMENDATION:

Approve TNC grant agreement. ATTACHMENT: 1. TNC Grant Agreement for acquisition of fee interest. Item is seperately enclosed.

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MEMORANDUM

TO: PRWFPA Board of Directors FROM: Lidia Gutierrez, Gutierrez Consultants SUBJECT: Pajaro River Bench Excavation Project Update MEETING DATE: November 2, 2012 BACKGROUND: The Pajaro River Watershed Flood Prevention Authority Board of Directors (Board) has requested regular updates on the status of the Pajaro River Bench Excavation Project (Project). The lead agencies for the Project are Santa Cruz County Zone 7 (Zone 7) and Monterey County Water Resources Agency (MCWRA). The Project is designed to improve the flood carrying capacity and relieve the magnitude and severity of potential flooding of the Pajaro River by excavating excess sediment from select locations. Modeling results have determined that a volume up to 336,000 cubic yards needs to be excavated from eleven locations along 7.5 miles of the levee benches between Highway 1 and Murphy Road Crossing. The excavation sites span 39.1 acres and include nine excavation sites within Santa Cruz County, and two sites within Monterey County. The construction will occur in two phases over two construction seasons (years). DISCUSSION:

On June 18, 2012, the Zone 7 Board of Directors awarded $1.9 million contract to Pavex Construction for the first year Project construction (Phase 1). Pavex immediately began construction and has since completed the Phase

P.O. Box 809, Marina, CA 93933 Phone: 831.883.3750 FAX: 831.883.3755 www.pajaroriverwatershed.org Member Agencies: County of Monterey County of San Benito County of Santa Clara County of Santa Cruz Monterey County Water Resources Agency San Benito County Water District Santa Clara Valley Water District Santa Cruz County Zone 7 Flood Control District

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1 activities. Site photos of the areas before and after construction are attached. A presentation will be made to the Board providing an update on the status of the project and next steps.

RECOMMENDATION: Informational item only ATTACHMENT: 1. Site photos

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MEMORANDUM

TO: PRWFPA Board of Directors FROM: Lidia Gutierrez, Gutierrez Consultants SUBJECT: Pajaro River Risk Reduction Project Update MEETING DATE: November 2, 2012 BACKGROUND: The Pajaro River Watershed Flood Prevention Authority (Authority) Board of Directors has requested regular updates on the status of the Pajaro River Risk Reduction Project. The lead local agencies for the project are Santa Cruz County Zone 7 (Zone 7) and Monterey County Water Resources Agency (MCWRA). The Pajaro River has suffered several major floods over the past few decades due to inadequate capacity of the existing levee system and the maintenance of the channel. The local agencies have been working with the Army Corps of Engineers (Corps) to design and implement the Pajaro River Risk Reduction Project (Project) to provide the critically needed flood protection for the Pajaro Valley. Until the Project is completed, the Pajaro Valley will be alarmingly under-protected. DISCUSSION: The local agencies continue to work with the Corps to identify and analyze the National Economic Development (NED) plan. The NED plan is the Project alternative with the greatest net economic benefit based on a Corps formulation, evaluation and selection process. The NED analysis also establishes the financial costs of implementing the plan. This cost estimate is critical to the local agencies because it becomes the basis for which all locally

P.O. Box 809, Marina, CA 93933 Phone: 831.883.3750 FAX: 831.883.3755 www.pajaroriverwatershed.org Member Agencies: County of Monterey County of San Benito County of Santa Clara County of Santa Cruz Monterey County Water Resources Agency San Benito County Water District Santa Clara Valley Water District Santa Cruz County Zone 7 Flood Control District

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preferred plans and enhancements are measured against for Federal cost sharing requirements. In 2009, Alternative 9D, the Expanded Ring Levee Alternative, was identified as the NED plan. In April 2012, the Corps and local agencies met with the environmental resource agencies to discuss Alternative 9D and the high probability of right bank failure in Reach 4 and the associated environmental mitigation requirements. The meeting consensus was that Alternative 9D is unacceptable because of the potential Reach 4 impacts and the Corps will no longer pursue implementation of that Alternative. The local agencies proposed several alternatives including Locally Requested Plan (LRP) 5. LRP 5 is identical to Alternative 9D but includes levee construction for Reach 4 right bank. LRP 5 is the alternative with the next highest benefit cost ratio and, therefore, was considered the next best NED alternative by the local agencies. However, the Corps has since reported that LRP 5 would cost an additional $55 million and is too significant of a cost increase for mitigating a right bank failure. Therefore, the Corps is evaluating a mitigation measure that would provide a set back on the right bank levee in Reach 4, as well as a levee tie back at Coward Creek, near the approximate location of the proposed tie back levee on the left bank of Reach 4. To expedite the analysis of this new approach to a NED project, the local sponsors requested Northwest Hydraulics to model the new Corps mitigation proposal. A presentation will be made to the Board providing an update on the status of the analysis and next steps. RECOMMENDATION: Informational item only

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