Sutter Butte Flood Control Agencysutterbutteflood.org/wp-content/uploads/2013/09/Board-Agenda... · Sutter Butte Flood Control Agency ... 1232 S. George Washington Blvd., ... Salt

SBFCA Board Agenda Page 1 July 10, 2013

Sutter Butte Flood Control Agency

Board of Directors Agenda Summary July 10, 2013

1 p.m. Regular Meeting

Meeting Location: City of Yuba City Council Chambers - 1201 Civic Center Boulevard, Yuba City, CA

The agenda is posted in the building of the Sutter Butte Flood Control Agency at 1227 Bridge Street Suite C, Yuba City, and at the Sutter County Library, 750 Forbes Avenue, Yuba City. The agenda summary, backup materials, and approved minutes are also posted on the Sutter Butte Flood Control Agency website at sutterbutteflood.org. Materials related to an item on this agenda and submitted to the Board of Directors after distribution of the agenda packet are available for public inspection in the office of the Board Clerk at 1227 Bridge Street, Yuba City, during normal business hours. In compliance with the American with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available. If you have a disability and need disability related modifications or accommodations to participate in this meeting, please contact Sarah Modeste at the Sutter Butte Flood Control Office, 1227 Bridge Street, Suite C, Yuba City, CA 95993 or [email protected]. Requests must be made one full business day before the start of the meeting.

County of Sutter James Gallagher Stan Cleveland Alts. Jim Whiteaker

County of Butte Bill Connelly Steve Lambert

City of Yuba City John Dukes Kash Gill Alts. John Buckland, Tej Maan

City of Live Oak Gary Baland Alt. Ray Rogers

City of Gridley Jeff Draper Alt. Frank Hall

City of Biggs Bo Sheppard Alt. John Busch

Levee District 1 Francis Silva Al Montna Alt. Barbara LeVake

Levee District 9 David Lamon Chris Schmidl Alt. David Schmidl

Persons wishing to address the Board during consideration of matters listed on the agenda will be allowed to do so. Testimony should always begin with the speaker giving his or her name and place of residence. Requests for assistive listening devices or other accommodations, such as interpretive services, should be made through the Sutter Butte Flood Control Agency office at (530) 755-9859. Requests should be made at least 72 hours prior to the meeting. Later requests will be accommodated to the extent feasible.

1 PM REGULAR MEETING/CALL TO ORDER Roll Call Pledge of Allegiance CLOSED SESSION

Conference with real property negotiators pursuant to Govt. Code section 54956.8

Agency negotiator(s): McElhern/O'Regan

Properties and negotiating parties: PROPERTY ADDRESS PROPERTY OWNER/

NEGOTIATING PARTY

9850 Sheldon Road, Live Oak, CA 95953 Sukhraj S. Pamma

10234 Orchard Way, Live Oak, CA 95953 Paul Lea

mailto:[email protected]


6005 Highway 99, Live Oak, CA 95953 River Bottom Ranch, LLC

1111 Koch Lane, Live Oak, CA 95953 Amanjit S. Dhoot and Kuldeep K. Dhoot

924 Sanborn Rd., Yuba City, CA, 95993 Robert & Betty Storm Revocable Trust

902 Vance Ave., Biggs, CA 95917 Jeff & Darlene Fredericks

2007 Merrill Rd., Paradise, CA 95969 Deane & Edith Williams Testamentary Trust

3250 Larkin Road, Biggs, CA 95917-9728 James & Joann Diethrich

P.O. Box 1200, Gridley, CA 95948 Carrdi LLC

3022 Larkin Road, Biggs, CA 95917 James Banes Ranch

2770 Larkin Road, Biggs, CA 95917 Clinton W. Moffitt

2770 Larkin Road, Biggs, CA 95917 Blaine Moffitt

1118 Almond Avenue, Biggs, CA 95917 John Kucek

1240 Steadman Road, Biggs, CA 95917 Steven and Lori Kramer

20235 Homestead Road, Cupertino, CA 95014 Jack Mariani Sr. TR. et al.

1631 Willow Street, Suite 225, San Jose, CA 95125 Cilker Revocable Trust et al.

1232 S. George Washington Blvd., Yuba City, CA 95993 Karmdeep & Hardeep Bains

1567 Booth Dr., Gridley, CA 95948 Butte County Housing Authority

685 Kentucky Street, Gridley, CA 95948 City of Gridley

P.O. Box 876, Gridley, CA 95948 Drainage District No. 1

P.O. Box 511196, Salt Lake City, UT 84151-1196 Farmland Reserve, Inc.

905 Alexander Ave, Gridley, CA 95948 Peekema Ranch LP

585 Cowee Avenue, Gridley, CA 95948 Waller Family Revocable Trust

735 Virginia Street, Gridley, CA 95948 Butte Water District

P.O. Box 876, Gridley, CA, 95948 Reclamation District No. 777

915 L Street # 1150, Sacramento CA, 95814 Leonard Berry

6741 Kent Ave, Live Oak, CA 95953 Hatamiya Revocable 08 Trust

1212 Pennington Rd., Live Oak, CA 95953 Manjinder & Beant Bains

1339 Bishop Ave., Live Oak, CA 95953-9612 Wayne Sue

4525 Franklin Road, Yuba City, CA, 95993-9316 Sutter Extension Water District

450 Golden Gate Avenue, Box 36084, San Francisco, United States of America., Dept. of Army


CA 94102 (General Services Administration)

1471 Coats Drive, Yuba City, CA 95991 Levee District No. 9

6005 Highway 99, Live Oak, CA 95993 Justin Micheli

P.O. Box 1383,Yuba City, CA 95992 or 1859 Alyssa Drive, Yuba City, CA 95993-8301

Richland Enterprises

876 Oxford Ct., Yuba City, CA 95991-3479 Kewal & Resham K. Singh

P.O. Box 3730, Yuba City, CA 95992 Wilbur Rev & 1994 Trust et al.

29 Fourth Street, Marysville, CA 95901 Pacific Gas & Electric

1155 Pease Road, Yuba City, CA 95991-8814 Village Green Mobile Homes Park

1201 Civic Center Blvd., Yuba City, CA 95991 City of Yuba City

701 Bogue Road, Yuba City, CA 95991 Gilsizer County Drainage District

1110 Civic Center Blvd. # 2, Yuba City, CA 95993 Block Industrial Condo Assoc.

1160 Civic Center Blvd., Yuba City, CA 95993 County of Sutter

365 Second Street, Yuba City, CA 95991 Eric & Katherine Mackensen

243 Second Street, Yuba City, CA 95991 Levee District No. 1

1325 J Street, Sacramento, CA 95814 US Army Corps of Engineers

833 Tudor Road, Yuba City, CA 95991 Oswald Mutual Water Company

5020 Garden Highway, Yuba City, CA 95991 Johal Family 02 Trust

5316 Garden Highway, Yuba City, CA 95991 Berg Family Trust et al.

319 Nile Court, Vacaville, CA 95668 Queens of Peace Oratory

1216 North Tejon Street, Colorado Springs, CO 80903 Eleanor Homes

280 Wilkie Avenue, Yuba City, CA 95991 Feather Water District

5320 Garden Highway, Yuba City, CA 95991 Sierra Gold Nurseries, Inc.

P.O. Box 9, Meridian, CA 95957 Volcano Vista Farms

280 Wilkie Avenue, Yuba City, A 95991 Tudor Mutual Water Company

8540 Garden Highway, Yuba City, CA 95991 Dan Stephens Rev. Trust

822 Lewis Road, Santa Rosa, CA 95404 Mildred Wilson

182 Wilkie Avenue, Yuba City, CA 95991 Taylor Brothers Farms, Inc.

182 Wilkie Avenue, Yuba City, CA 95991 Taylor Rev. Trust 93’


P.O Box 272, Yuba City, CA 95991 Sundeep Dale

12755 Garden Highway, Yuba City, CA 95991 Garden Highway Mutual Water Company

614 South George Washington Blvd., Yuba City, CA 95993

Kuster Family Rev. 06’ Trust

P.O. Box H, Yuba City, CA 95992 Odysseus Farms PTN

Under negotiation: Price and terms of payment. CONSENT CALENDAR The Consent Calendar groups together those items which are considered noncontroversial or for which prior policy direction has been given to staff and that require only routine action by the Board. The Chair will advise the audience that the matters may be adopted in total by one motion; however, the Board may, at its option or upon request of a member of the public, consider any matter separately. 1) Approval of the minutes for the June 12, 2013 Board Meeting PRESENTATION, DISCUSSION & ACTION ITEMS 2) Receive and file monthly financial report

3) Approval of Resolutions Authorizing the Investment of Bond Proceeds by the Treasurer and

Executive Director with UnionBanc Investment Services as well as in the Local Agency Investment Fund (LAIF)

4) Approval of Administrative Manager position

INFORMATIONAL AND POSSIBLE APPROVAL ITEMS 5) Program/Project Update

6) Other reports from Agency staff and consultants

7) Report (if necessary) by the Citizens’ Assessment District Advisory Committee (CADAC) 8) Report (if necessary) by member and partner agencies CORRESPONDENCE 9) Report on correspondence sent by and received by the Board PUBLIC COMMENT Members of the public will be allowed to address the Sutter Butte Flood Control Agency’s Board of Directors on items of interest to the public that are within the subject matter jurisdiction of the Board. Any member of the audience who may wish to bring a matter before the Board that has not been placed on the agenda may do so at this time; however, State law provides that no action may be taken on any item not appearing on the posted Agenda. ADJOURNMENT

Item 1

Sutter Butte Flood Control Agency A Partnership for Flood Safety

July 10, 2013 TO: Board of Directors FROM: Mike Inamine, Executive Director SUBJECT: Approval of the minutes for the June 12, 2013 Board meeting

The proposed minutes for the Board of Director’s meeting on June 12, 2013 are attached for your review, modification and/or approval. Recommendation We recommend that the Board approve and authorize the Chair to sign the minutes. Thank you.

SBFCA Board Minutes Page 1 June 12, 2013

DRAFT MINUTES OF THE BOARD OF DIRECTORS OF THE

SUTTER BUTTE FLOOD CONTROL AGENCY REGULAR MEETING OF

June 12, 2013 The Sutter Butte Flood Control Agency (Agency) Board of Directors (Board), State of California, met on the above date in Regular Session at 1 p.m. in the City of Yuba City Council Chambers, Yuba City, California.

MEMBERS PRESENT County of Sutter: Stan Cleveland County of Butte: Bill Connelly, Steve Lambert City of Yuba City: John Dukes, Kash Gill City of Gridley: Jeff Draper City of Live Oak: Gary Baland City of Biggs: Bo Sheppard Levee District 1: Francis Silva, Barbara LeVake Levee District 9: David Lamon, Chris Schmidl MEMBERS ABSENT: Directors James Gallagher, Al Montna STAFF PRESENT: Mike Inamine, Executive Director; Michael Bessette, Director of Engineering; Sarah Modeste, Agency Administrator; Scott Shapiro, Agency Counsel; Budget Manager Seth Wurzel; and Kim Floyd, Public Outreach Manager.

REGULAR MEETING/CALL TO ORDER Board Vice Chair Steve Lambert opened the meeting at 1:15 p.m. and led audience in the pledge of allegiance. CLOSED SESSION

1) Conference with real property negotiators pursuant to Govt. Code section 54956.8

Agency negotiator(s): McElhern/O'Regan Properties and negotiating parties:

Rancho Santa Maria (09-050-001, 003) Kewal and Resham Singh (10-220-046, 053) Richard G. Wilbur Revocable Trust (10-220-039; 10-270-003) Richard G. Wilbur Revocable Trust (10-270-001, 002) Richard G. Wilbur Revocable Trust (10-270-005, 009, 010) Mathews Contracting Co. (024-220-017)

Under negotiation: Price and terms of payment. Closed session was moved from the beginning of the meeting, to the end of the meeting. Nothing to report.

CONSENT CALENDAR On motion of Director Gary Baland, seconded by Director John Dukes and carried by those present, the Board approved the Consent Calendar as follows:

1) Approval of the minutes for the Board Meeting of May 8, 2013

2) Approval of Injury & Illness Prevention Program

RESOLUTION OF NECESSITY HEARING 3) Adopt resolutions of necessity to acquire certain property interests from Sukhraj S. Pamma (APN

09-120-008) and Paul Lea (APN 09-295-022) for the Feather River West Levee Project The agency’s right-of-way attorney, Scott McElhern, opened the agenda item with an overview of the resolution of necessity process. Mr. McElhern stated that a resolution of necessity requires a ¾ vote of the Board of Directors. Mr. McElhern explained that there are four required finding for the adoption of a resolution of necessity (RON). A RON is the first step in the eminent domain process. The four required findings are as follows: 1. The public interest and necessity require the project;


2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;

3. The property interests are necessary for the proposed project; and 4. The offer required by the Government Code Section 7267.2 has been made to the owner or owners

of the record.

Mr. McElhern stated that the dollar amount of the offer is not an item for discussion during the RON hearing. Mr. McElhern reviewed each of the four required findings for each of the property owners, as follows: Finding 1 – The project is necessary because of levee deficiencies:

Existing levee vulnerable to through-seepage and under-seepage

Levee slope ability issues

Encroachments into and on the levee

Lack of protection form 100-year and 200-year floods

Insufficient right-of-way to maintain levee

Mr. McElhern explained that the solution to the levee deficiencies is the Agency’s project to achieve 200-year protection for the Yuba City sphere and north and 100-year protection for the remainder of the Basin to the south. The Agency is proposing to purchase 2.81 acres in fee, 0.29 acres of levee easement, and 0.39 acres of access easement of the Pamma (APN 09-120-008) property. The Agency provided Mr. Pamma with its first offer to acquire the property in August 2012 and an updated offer was made on April 17, 2013. The Agency is proposing to purchase 1.88 acres in fee and 0.23 acres of easement of the Lea (APN 09-295-022) property. The Agency provided Mr. Lea with its first offer to acquire the property in August 2012 and a second on May 13, 2013. The Agency’s negotiators have been unable to come to an agreement on either property. Finding 2 – Compatible with Greatest Public Good & Least Private Injury

The proposed acquisitions from Mr. Lea and Mr. Pamma are limited in scope and necessary for the construction of the project and the long-term operation and maintenance of the levee system.

The proposed acquisitions will leave economic remainders that will continue to be used for farming operations and recreational uses, consistent with the current uses of the properties.

The proposed acquisitions leave both Mr. Lea and Mr. Pamma with access easements.

Finding 3 – Proposed Free Acquisitions are Necessary for the Project

Ownership of levee and 20-foot landside and 15-foot waterside operations and maintenance corridors on Lea and Pamma properties necessary to:

o Meet minimum standards for 200-year flood protection as set forth in Urban Levee Design Criteria.

o Provide adequate room for construction, maintenance, repairs, inspection, patrolling during high water, and flood fighting.

o Prohibit excavations and modifications that would endanger the integrity of the levee.

10-foot wide easement from the edge of the landside operations and maintenance corridor on Pamma property is necessary to:

o Construct the project o Repair the levee after major flood events o Provide adequate room for inspection, patrolling during high water, and flood fighting.

Finding 4 – The Offers Required by Government Code Section 7267.2 Have Been Made

Offers have been made to both Mr. Lea and Mr. Pamma.

A negotiation process has occurred.

The Agency has been unable to reach an agreement to purchase the necessary property interests from either Mr. Lea or Mr. Pamma.

Mr. McElhern stated that it is important to note, that even with an adoption of the RON, negotiations with property owners will not stop. The Agency will continue to work with the landowners to find an agreement.


Director Kash Gill asked for an update on the difference of appraised value between 2012 and 2013. Mr. McElhern stated that Mr. Pamma’s property has increased from the initial offer in 2012 to the current offer in 2013. Mr. McElhern stated that a second appraisal was also completed on Mr. Lea’s property, but it was determined that the appraisal amount would not be adjusted. The appraiser noted that the highest and best use for Mr. Lea’s is recreation. Director Gill asked if the property owners have counter offered. Mr. McElhern stated that Mr. Lea has provided a counter offer, but to date an agreement has not been reached. A counter offer has not been received from Mr. Pamma. Director Jeff Draper asked if the Board could discuss why an agreement wasn’t reached. Mr. McElhern confirmed that this was true as it is not relevant to the adoption of the resolution of necessity. Director Draper asked if the attorney’s fees would be greater than the amount Mr. Lea is requesting for his property. Mr. McElhern stated that it is hard to determine if that would be the case as it is based on when and if an agreement could be reached with Mr. Lea. Director Barbara LeVake asked for clarification that adopting a resolution of necessity would not preclude additional negotiations with property owners, but given that the project must move forward there is a limited amount of time for further negotiations. Mr. McElhern stated that the adoption of the RON would still allow for additional negotiation. The RON gives the Agency’s counsel the authority to file an eminent domain action. By statute, the Agency must file within six months of the approval of the RON, but it is the Agency’s intention to file quickly in order to start the process and gain possession prior to construction. However, the Agency will continue to negotiate with the property owners. Director John Dukes asked if the projects are part of the 2014 construction season. Mr. McElhern stated that construction near the properties under discussion is slated to begin in April 2014. Director Gary Baland stated that he represents the City of Live Oak and the properties are adjacent to the City of Live Oak. He added that this will be one of his most difficult decisions and has spent time in reviewing the information. Director Baland stated that he has heard that the project must move forward and it should not be halted for any reason. He has heard from the community that public safety is most important. Mr. Paul Lea, the property owner, of 10234 Orchard Way, Live Oak, CA, provided comment. Mr. Lea stated that if it will speed up the process, please proceed with the RON process. He stated that he is not getting any feedback from his negotiator and received three notices about this meeting. He added that he used an independent appraisal on his property, which was paid for by the Agency. He stated that the Agency denied his counter offer. Mr. Lea pointed out several items on the map in reference to access to the water-side portion of his property. Director Kash Gill asked if the Agency was taking the third-party appraisal into consideration. Mr. McElhern stated that the third-party appraisal has been reviewed and evaluated by the Agency’s appraiser. The main item of discussion is the highest and best use of the property. The Agency’s appraisal states that the highest and best of the use of the property is recreational, whereas the third-party appraisal states that a residence could be built on the property. There is a per acre difference based on the highest and best use of the property. Director Barbara LeVake asked if a residence could be built on the property given that it is in a floodplain. Mr. Lea stated that there were never any intentions to build a home on the property. Mr. McElhern stated that the highest and best use of the property on the third-party appraisal was listed as a residential property. Director Gary Baland asked the date that Mr. Lea mailed a letter to the Agency regarding his counter offer. Mr. Lea responded that it was mailed on June 3, but accidently dated the letter May 3. Director Baland stated that the property on the land-side of the levee is limited because of the canal. Mr. Lea agreed. Director Baland asked how much more land was available between the 20-foot easement


and the canal. Mr. McElhern responded that there is approximately 10-feet outside the 20-foot O&M easement. Director Dukes asked if a third appraisal could be conducted because there is a significant difference between the two appraisals. Agency Counsel Scott Shapiro stated that if the Board instructs staff to meet with the landowner and review the two appraisals, it may do so. Mr. Shapiro stated that it is staff’s recommendation that the Board move forward with the RON. Director LeVake stated that she agrees with Mr. Shapiro and would like to move forward with the RON process. Director Lambert stated that the Agency must do the right and proper thing with the public’s money and the property owner’s request. Director Stan Cleveland stated that the removal of the PG&E pole may need to be reconsidered, along with other items to accommodate Mr. Lea. Director Baland stated that there sounds like there is a willingness to negotiate and see the project move forward. Director Baland would like to see the negotiations take place without the pressure of the resolution and see if the resolution could be pushed to the July SBFCA Board meeting. Director John Dukes stated that the negotiation can still take place despite adopting the resolution today and he recommends moving forward with the resolution. He would like to see the process continue to move forward with the property acquisition and the negotiation with Mr. Lea. Director Baland stated that his intent is not to set precedence for future negotiations. Director LeVake stated that she fully understands Director Baland’s concerns but believes that the process must move forward today and would like to make a motion. Mr. Shapiro stated that staff can provide the Board with updates on the negotiation process. Director Lambert stated that Mr. Lea’s concerns will be reviewed and addressed outside of the Board meeting. Mr. Kevin McCool provided public comment. Mr. McCool stated that he owns property downriver from Mr. Lea and will likely go through the same process as Mr. Lea. Mr. McCool asked if there is a set procedure to how the negotiations will proceed as it seems like a tight timeframe for the negotiation process. Mr. McElhern stated that Bender Rosenthal (BRI) is in the process of evaluating Mr. McCool’s process which will be provided to Mr. McCool once complete. Then, the negotiation process will begin. Mr. Lea added that BRI did not make any notes during the meeting. Mr. Inamine stated that it is not the Agency’s intent to run roughshod over property owners. In advance of the process, the Agency has invited property owners to participate in meetings through the public outreach program. It is not the Agency’s intention to aggressively force negotiations however, the Agency is on a fairly aggressive pace to complete levee improvements. Mr. Inamine stated that the Agency will continue to negotiate with Mr. Lea and others. Director Bill Connelly stated that the Agency cannot pay for someone’s intentional use, only current use. Mr. McElhern stated that Mr. Connelly’s comment is true. Director Connelly stated that he heard the property owner state that he could never build a home on the property; however, the third-party appraiser indicated that the best and highest use of the property was residential. Mr. McElhern stated that that was his understanding of the third party appraisal. Director Connelly also asked if the road in question was a deed public road; Mr. McElhern confirmed that it is. Director Connelly stated that a filing fee was necessary for anyone wanting to close a public road; Mr. McElhern also confirmed this to be true. Director Draper stated that it is hard to make a decision based on speculation of the appraiser’s stated best and highest use. Director Kash Gill moved to approve the resolution of necessity for the Lea property. The motion was seconded by Director Stan Cleveland and carried by those present with the exception of Jeff Draper who voted no.


A representative from the Pamma property was not in attendance at the Board meeting. No public comment on Mr. Pamma’s property. Director Barbara LeVake moved to approve the resolution of necessity for the Pamma property. The motion was seconded by Director John Dukes and carried by those present with the exception of Jeff Draper who voted no.

PRESENTATION, DISCUSSION & ACTION ITEMS

4) Receive and file monthly financial report Budget Manager Seth Wurzel provided the monthly management report. Mr. Wurzel stated that as of April 2013, the Agency had working capital of $2.8 million. In late June, the Agency received assessment district payment from Sutter County in the amount of $2.5 million. On May 16, 2013 the Agency sold $41,035,000 in bonds to yield $40 million in proceeds. The Agency issued its debt at 3.99% interest rate, and the all-in true interest rate to the Agency is 4.02%. It was a very successful sale. The Agency will begin drawing from the proceeds in June and Mr. Wurzel will provide monthly updates on the bond proceeds. Mr. Wurzel stated that the Agency is looking into conservatively investing the proceeds to earn a higher interest rate. Director John Dukes asked what percentage of the project the bonds will finance. Approximately two-thirds of the local share of project will be funded with the bond proceeds. No action taken on this item.

INFORMATIONAL AND POSSIBLE APPROVAL ITEMS 5) Program/Project Update

Director of Engineering Michael Bessette provided an overview of recent engineering activities; a full report is included in the June 12, 2013 Board agenda packet. Mr. Bessette highlighted some of the Agency’s recent milestone successes:

CEQA challenge period ended on May 13 with no challenges received

SBFCA Board approved the award of construction contracts (Bid Schedule A contract awarded on May 15

th)

$40M bond sale completed on May 16

Central Valley Flood Protection Board approved encroachment permit on May 24

Assistant Secretary of the Army (ASA) selected the Locally Preferred Plan as the Tentatively Selected Plan for the Sutter Basin Feasibility Study

Feasibility Study Public draft scheduled to be released on June 14

Mr. Bessette played a portion of the House Transportation & Infrastructure Hearing. At the meeting, Congressman John Garamendi advocated on behalf of the Agency’s construction project. The video can be viewed here: http://www.youtube.com/watch?feature=player_embedded&v=a3zybdadkjM. The portion of the meeting that addresses SBFCA begins at approximately 1:18:00.

6) Other reports from Agency staff and consultants Nothing to report at this time.

7) Report (if necessary) by the Citizens’ Assessment District Advisory Committee (CADAC) Nothing to report at this time.

8) Report (if necessary) by member and partner agencies.

Nothing to report at this time.

CORRESPONDENCE 9) Report on correspondence sent by and received by the Board.

The Board was provided a copy of a letter that Congressmen Garamendi and LaMalfa sent to Steve Stockton of the US Army Corps of engineers. The letter requested that the Corps deliver the Agency’s 408 permit in a timely manner.

PUBLIC COMMENT No public comment.

http://www.youtube.com/watch?feature=player_embedded&v=a3zybdadkjM#!


ADJOURNMENT With no further business coming before the Board, the meeting was adjourned at 3:45 p.m.

__________________________________

ATTEST BY:__________________________________ JAMES GALLAGHER, CHAIR

SARAH MODESTE

Item 2


July 10, 2013 TO: Board of Directors FROM: Mike Inamine, Executive Director Seth Wurzel, Budget Manager SUBJECT: Receive and File Monthly Financial Report (May 2013)

Recommendation We recommend the Board receive and file the May 2013 Financial Report and receive staff’s monthly financial report update. Background Staff will provide a brief presentation of the current financial position of the Agency and financial activities at the Board meeting and will be prepared to answer any questions.

The monthly financial report includes the following information:

Current Working Capital Position: Provides an update as to the liquidity of the Agency and ability to cover current obligations. This information is presented within the attached monthly financial reports prepared in coordination with Yuba City finance staff. The financial report reflects the financial information as of May 2013. The information presented is compared to the approved Final 5-Year Budget

Cash Flow Projection Update: A Provides an estimate of the cash needs of both the Agency and the project over time. This estimate forms the basis for Agency financial planning. The cash flow projection for the remainder of FY 12/13 and FY 13/14 will be provided at the Board meeting.

Fiscal Impact This is an informational item only with no fiscal impact to the Agency.

Date:

To:

From:

Subject:

July 10, 2013

FINANCE DEPARTMENT

Yuba City Finance Department

Memorandum

Board Members, Sutter Butte Flood Control Agency

Mike Inamine, Executive Director ~ / r f. ~ . Robin Bertagna, CPA tl) Agency Treasurer / Yuba City Finance irector

Monthly Financial Report: May 2013

Attached is the Monthly Financial Report for the Sutter Butte Flood Control Agency for the month of May covering fiscal year 2012-2013 (activity through May 31,2013). This Monthly Financial Report includes the following information prepared by SBFCA:

• Total working capital reconciliation: A reconciliation of total working capital through May 31, 2013 for fiscal year 2012-13 as compared to the proposed amended SBFCA Budget is shown. The statement shows the cumulative expenditures paid to date for fiscal year 2012-13 as compared to the proposed amended budgeted expenditures. The statement also shows the estimated ending working capital balance as of May 30,2013 based on the working capital carrying forward from fiscal year 2011-12. The statement then shows an estimated amount of invoiced expenditures and revenues received to date for fiscal year 2012-13. The Total Preliminary Working Capital for the Agency as of May 31,2013 is approximately $2,300,285.

As of the date of this report, the estimated difference between invoiced expenditures and paid expenditures through May 31 st fiscal year 2012-13 is approximately $2,062,730. In June, the Agency received $2,362,663 of Assessment Revenue and interest from Sutter County. SBFCA has drawn funds from its Line of Credit with Rabobank in the amount of $5,870,440 (no change from the prior month). Also in June, the Agency closed on the sale of Assessment Revenue Bonds yielding project proceeds of $40,000,000. The Agency has drawn $5,733,376 of these proceeds from the trustee. Finally, in June, the Agency repaid the projected balance of the member loans due to Yuba City, Sutter County and Levee District I, a combined total of $3,114,782.

Taking into consideration payable expenses, assessment revenues received, bond funds drawn, and the repayment of debt, the Total Preliminary Working Capital for the Agency is approximately $5,218,812. The balance of Project related bond funds remaining is $34,266,624. (Exhibit A)

• Summary statement of cumulative activities for fiscal year 2012-13 through May 31, 2013: This statement shows the expenditures by fund and by the major expenditure category - Operations & Capital (USACE Study, EIP, Stakeholder Management, and Regional Planning). This statement also shows the amounts received and expended through May 31, 2013, as compared to the Final SBFCA Budget for the 2012-13

SBFCA Monthly Financial Report: May 2013 July 10,2013

Fiscal Year. This statement has been reconciled by SBFCA staff to the City of Yuba City's financial system (Exhibit B).

Check registers reflecting all checks issued on behalf of the Agency for the month of May 2013 are also included.

This correspondence is informational only. Please review and file.

Thank you.

Final Amended Month Ending Rec'd/Invoiced

Line Item Description 2012-13 Budget [1,2] May 2013 to Date

Working Capital Beginning of Period

Operational Fund 730 1,953,644 1,953,644 1,953,644

Capital Fund 731 ‐ USACE Study 1,005,314 1,005,314 1,005,314

Capital Fund 731 ‐ EIP 747,964 747,964 747,964

Capital Fund 731 ‐ Stakeholder 34,048 34,048 34,048

Total Beginning of Period 3,740,970 3,740,970 3,740,970

Transfers

Operational Fund 730 (1,500,000) ‐ ‐

Capital Fund 731

Capital Fund 731 ‐ USACE Study 181,272

Capital Fund 731 ‐ EIP 1,065,167 ‐ ‐

Capital Fund 731 ‐ Stakeholder ‐ ‐ ‐

Capital Fund 731 ‐ RFMP 253,561 ‐ ‐

Subtotal Capital Fund 1,500,000 ‐ ‐

Net Transfers 0 ‐ ‐

Revenues

Operational Fund 730 750,000 750,034 750,034

Capital Fund 731

Capital Fund 731 ‐ USACE Study 144,603 22,303 22,303

Capital Fund 731 ‐ EIP (Local) 5,750,033 3,243,958 5,606,621

Capital Fund 731 ‐ EIP (State) ‐ ‐ ‐

Capital Fund 731 ‐ Stakeholder 10,000 (14,836) (14,836)

Capital Fund 731 ‐ RFMP ‐ ‐ ‐

Subtotal Capital Fund 5,904,635 3,251,425 5,614,088

Total Revenues Operating & Capital 6,654,635 4,001,459 6,364,122

Expenses

Operational Fund 730 310,675 319,237 374,448

Capital Fund 731

Capital Fund 731 ‐ USACE Study 1,317,761 861,634 883,261

Capital Fund 731 ‐ EIP 10,642,041 6,225,638 8,160,635

Capital Fund 731 ‐ Stakeholder 44,049 26,712 28,560

Capital Fund 731 ‐ RFMP 253,561 117,332 166,381

Subtotal Capital Fund 12,257,412 7,231,317 9,238,837

Total Expenses Operating & Capital 12,568,087 7,550,554 9,613,285

Financing Activities [2]

Proceeds from of New Debt [Trustee] 34,266,624

Proceeds from of New Debt [SBFCA] 2,180,563 7,913,939

Short/Long Term Debt Repayment (3,114,782) ‐ (3,114,782)

Interest Paid on Outstanding Debt (72,152) (72,152) (72,152)

Net Financing Activities 38,993,628 2,108,410 38,993,628

Working Capital End of Period

Operational Fund 730 892,969 2,384,440 2,329,229

Capital Fund 731 ‐ USACE Study 13,428 165,982 144,356

Capital Fund 731 ‐ EIP [3] 35,914,752 (125,305) 37,187,579

Capital Fund 731 ‐ Stakeholder (1) (7,500) (9,348)

Capital Fund 731 ‐ RFMP 0 (117,332) (166,381)

Total End of Period 36,821,147 2,300,285 39,485,436

Working Capital Net of Trustee Funds 2,300,285 5,218,812

[1] Reflects Proposed Amended Budget to be presented to the Board at it's May 8, 2013 meeting.

[2] FY 12/13 Capital Budget expenditures reflects carryover of remaining FY 11/12 Budget pursuant to section 9.2 of the approved budget resolution.

[3] Financing Activities are reflected in the Capital Fund EIP Ending Working Capital Balance

42,180,563

FY 2012/13

SBFCA BUDGETTOTAL WORKING CAPITAL RECONCILIATION

SBFCA Budget Forecast and Cash Flow 06.27.2013 SMW.xlsx 6/29/2013 Cons Wrkg

Exhibit A

SUTTER BUTTE FLOOD CONTROL AGENCY

COMBINED SUMMARY STATEMENT OF ACTIVITIES

AS OF MONTH ENDING MAY 2013 OF FY 12/13

6/25/2013

OPERATIONS (730) OPERATIONS (730) OPERATIONS (730)

ADMIN

USACE

STUDY EIP

STAKE‐

HOLDER

REGIONAL

PLANNING

Sub‐Total ‐

Capital Fund TOTALS ADMIN

USACE

STUDY EIP

STAKE‐

HOLDER

REGIONAL

PLANNING

Sub‐Total ‐

Capital Fund TOTALS ADMIN

USACE

STUDY EIP

STAKE‐

HOLDER

REGIONAL

PLANNING

Sub‐Total ‐

Capital Fund TOTALS

% OF BUDGET

EXPENDED

REVENUES:

43195-Federal Intergov't Funds ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 0%

43495-Proposition 13 Funds - $1.4 M ‐ 22,303 ‐ ‐ ‐ 22,303 22,303 ‐ 144,603 ‐ ‐ ‐ 144,603 144,603 ‐ 122,300 ‐ ‐ ‐ 122,300 122,300 15%

43495-Proposition 13 Funds - $650 K ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 0%

43530-EIP Grant Funds - (Local Credit) ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 0%

43531-EIP Grant Funds - (State Share) ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 0%

43717‐Local Intergov't Contributions ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 0%

45520-Assessment District Revenues 750,000 ‐ 3,243,926 ‐ ‐ 3,243,926 3,993,926 750,000 ‐ 5,750,000 ‐ ‐ 5,750,000 6,500,000 ‐ ‐ 2,506,074 ‐ ‐ 2,506,074 2,506,074 61%

Sub-Total 750,000 22,303 3,243,926 ‐ ‐ 3,266,228 4,016,228 750,000 144,603 5,750,000 ‐ ‐ 5,894,603 6,644,603 ‐ 122,300 2,506,074 ‐ ‐ 2,628,374 ‐ 60%

46110‐Interest on Investments 34 ‐ 33 ‐ ‐ 33 66 ‐ ‐ 33 ‐ ‐ 33 33 (34) ‐ ‐ ‐ ‐ ‐ (34) 203%

49010‐Other Revenue ‐ ‐ ‐ (14,836) ‐ (14,836) (14,836) ‐ ‐ ‐ 10,000 ‐ 10,000 10,000 ‐ ‐ ‐ 24,836 ‐ 24,836 24,836 ‐148%

Sub-Total 34 ‐ 33 (14,836) ‐ (14,803) (14,770) ‐ ‐ 33 10,000 ‐ 10,033 10,033 (34) ‐ ‐ 24,836 ‐ 24,836 24,802 ‐147%

TOTAL INCOME 750,034 22,303 3,243,958 (14,836) ‐ 3,251,425 4,001,459 750,000 144,603 5,750,033 10,000 ‐ 5,904,635 6,654,635 (34) 122,300 2,506,074 24,836 ‐ 2,653,210 ‐ 60%

EXPENDITURES ‐ ADMINISTRATION:

Operations:

62701-Executive Director ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 0%

62730-Attorney (7,530) ‐ (7,530) (11,000) ‐ (11,000) (3,470) ‐ ‐ ‐ ‐ ‐ (3,470) 68%

62701-Analyst/Administrative Assistant (2,994) ‐ (2,994) (5,500) ‐ (5,500) (2,506) ‐ ‐ ‐ ‐ ‐ (2,506) 54%

62701-Clerk/Secretary ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 0%

6279(8,9)-Executive Director (109,422) ‐ (109,422) (64,269) ‐ (64,269) 45,153 ‐ ‐ ‐ ‐ ‐ 45,153 170%

61(5,2)(XX)-Director of Engineering (37,439) (37,439) (37,737) (37,737) (298) ‐ ‐ ‐ ‐ (298) 99%

62701-Director of Engineering Support ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 0%

62701-Public Outreach (2,723) ‐ (2,723) (4,706) ‐ (4,706) (1,983) ‐ ‐ ‐ ‐ ‐ (1,983) 58%

62701-Financial Mgt (43,882) ‐ (43,882) (45,982) ‐ (45,982) (2,100) ‐ ‐ ‐ ‐ ‐ (2,100) 95%

62701-Assessment District Admin. (87,557) ‐ (87,557) (105,333) ‐ (105,333) (17,776) ‐ ‐ ‐ ‐ ‐ (17,776) 83%

Sub‐Total (291,546) ‐ ‐ ‐ ‐ ‐ (291,546) (274,527) ‐ ‐ ‐ ‐ ‐ (274,527) 17,020 ‐ ‐ ‐ ‐ ‐ ‐ 106%0%

Services and Supplies (27,691) (112,759) (112,759) (140,450) (26,148) (677,256) (677,256) (703,404) 1,543 ‐ (564,497) ‐ ‐ (564,497) (562,955) 20%

Equipment ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 0%

Sub‐Total (27,691) ‐ (112,759) ‐ ‐ (112,759) (140,450) (26,148) ‐ (677,256) ‐ ‐ (677,256) (703,404) 1,543 ‐ (564,497) ‐ ‐ (564,497) ‐ 20%

Total Operations (319,237) ‐ (112,759) ‐ ‐ (112,759) (431,996) (300,675) ‐ (677,256) ‐ ‐ (677,256) (977,931) 18,562 ‐ (564,497) ‐ ‐ (564,497) ‐ 44%

EXPENDITURES ‐ PROGRAM:

USACE Feasibility Study:

Administration (72,912) (72,912) (72,912) (100,439) (100,439) (100,439) ‐ (27,526) ‐ ‐ ‐ (27,526) (27,526) 73%

Engineering (160,592) (160,592) (160,592) (223,159) (223,159) (223,159) ‐ (62,567) ‐ ‐ ‐ (62,567) (62,567) 72%

Environmental (16,630) (16,630) (16,630) (382,413) (382,413) (382,413) ‐ (365,783) ‐ ‐ ‐ (365,783) (365,783) 4%

Payments to USACE (611,500) (611,500) (611,500) (611,750) (611,750) (611,750) ‐ (250) ‐ ‐ ‐ (250) (250) 100%

Sub‐Total ‐ (861,634) ‐ ‐ ‐ (861,634) (861,634) ‐ (1,317,761) ‐ ‐ ‐ (1,317,761) (1,317,761) ‐ (456,126) ‐ ‐ ‐ (456,126) ‐ 65%

EIP:

Pre-Planning (12,886) (12,886) (12,886) (17,183) (17,183) (17,183) ‐ ‐ (4,297) ‐ ‐ (4,297) (4,297) 75%

Administration (1,229,149) (1,229,149) (1,229,149) (1,576,287) (1,576,287) (1,576,287) ‐ ‐ (347,139) ‐ ‐ (347,139) (347,139) 78%

Engineering (2,509,374) (2,509,374) (2,509,374) (3,697,586) (3,697,586) (3,697,586) ‐ ‐ (1,188,212) ‐ ‐ (1,188,212) (1,188,212) 68%

Environmental (798,476) (798,476) (798,476) (1,085,719) (1,085,719) (1,085,719) ‐ ‐ (287,243) ‐ ‐ (287,243) (287,243) 74%

Right of Way Services (1,562,995) (1,562,995) (1,562,995) (3,588,009) (3,588,009) (3,588,009) ‐ ‐ (2,025,014) ‐ ‐ (2,025,014) (2,025,014) 44%

Sub‐Total ‐ ‐ (6,112,879) ‐ ‐ (6,112,879) (6,112,879) ‐ ‐ (9,964,784) ‐ ‐ (9,964,784) (9,964,784) ‐ ‐ (3,851,905) ‐ ‐ (3,851,905) ‐ 61%

Stakeholder Management

6563(7,8,9) Stakeholder Management (26,712) (26,712) (26,712) (44,049) (44,049) (44,049) ‐ ‐ ‐ (17,337) ‐ (17,337) (17,337) 61%

Sub‐Total ‐ ‐ ‐ (26,712) ‐ (26,712) (26,712) ‐ ‐ ‐ (44,049) ‐ (44,049) (44,049) ‐ ‐ ‐ (17,337) ‐ (17,337) ‐ 61%

Regional Planning

6564X Regional Planning Efforts (117,332) (117,332) (117,332) ‐ (253,561) (253,561) (253,561) ‐ ‐ ‐ ‐ (136,229) (136,229) (136,229) 46%

Sub‐Total ‐ ‐ ‐ ‐ (117,332) (117,332) (117,332) ‐ ‐ ‐ ‐ (253,561) (253,561) (253,561) ‐ ‐ ‐ ‐ (136,229) (136,229) ‐ 46%

Total Capital ‐ (861,634) (6,112,879) (26,712) (117,332) (7,118,558) (7,118,558) ‐ (1,317,761) (9,964,784) (44,049) (253,561) (11,580,155) (11,580,155) ‐ (456,126) (3,851,905) (17,337) (136,229) (4,461,597) ‐ 61%

Budgeted Contingency (10,000) (10,000) (10,000) ‐ ‐ ‐ ‐ (10,000) 0%

TOTAL EXPENDITURES (319,237) (861,634) (6,225,638) (26,712) (117,332) (7,231,317) (7,550,554) (310,675) (1,317,761) (10,642,041) (44,049) (253,561) (12,257,412) (12,568,087) 8,562 (456,126) (4,416,403) (17,337) (136,229) (5,026,094) (10,000) 60%

NET REVENUES OVER (UNDER) EXPENDITURES 430,796 (839,332) (2,981,680) (41,548) (117,332) (3,979,892) (3,549,095) 439,325 (1,173,158) (4,892,008) (34,049) (253,561) (6,352,776) (5,913,451) 8,529 (333,826) (1,910,328) 7,499 (136,229) (2,372,884) ‐

NET TRANSFERS BETWEEN FUNDS ‐ ‐ ‐ ‐ ‐ ‐ ‐ (1,500,000) 181,272 1,065,167 ‐ 253,561 1,500,000 0 (1,500,000) 181,272 1,065,167 ‐ 253,561 1,500,000 0

NET FINANCING ACTIVITIES ‐ ‐ 2,108,410 ‐ ‐ 2,108,410 2,108,410 ‐ ‐ 38,993,628 ‐ ‐ 38,993,628 38,993,628 ‐ ‐ 36,885,218 ‐ ‐ 36,885,218 36,885,218

WORKING CAPITAL ‐ JULY 1, 2012 1,953,644 1,005,314 747,964 34,048 ‐ 1,787,326 3,740,970 1,953,644 1,005,314 747,964 34,048 ‐ 1,787,326 3,740,970 ‐ ‐ ‐ ‐ ‐ ‐ ‐

WORKING CAPITAL ‐ MONTH END MAY 2013 2,384,440 165,982 (125,305) (7,500) (117,332) (84,155) 2,300,285 892,969 13,428 35,914,752 (1) 0 35,928,179 36,821,147 (1,491,471) (152,554) 36,040,057 7,499 117,333 36,012,334 36,885,218

% of Year Complete

92%

SBFCA FUNDS ‐ ACTIVITIES TO DATE SBFCA FUNDS ‐ FY 12/13 BUDGET SBFCA FUNDS ‐ VARIANCE FROM BUDGET

CAPITAL FUND (731) CAPITAL FUND (731) CAPITAL FUND (731)

SBFCA Budget Forecast and Cash Flow 06.27.2013 SMW.xlsx 7/1/2013 Stmt of Actvty 12-13

Exhibit B

SUNGARD PENTAMATION, INC. PAGE NUMBER: 1DATE: 06/02/2013 CITY OF YUBA CITY ACCTPA21TIME: 20:15:40 CHECK REGISTER − BY FUND

SELECTION CRITERIA: transact.yr=’13’ and transact.period=’11’ and transact.fund between ’730’ and ’732’ACCOUNTING PERIOD: 12/13

FUND − 730 − FLOOD CONTROL AGENCY

CASH ACCT CHECK NO ISSUE DT −−−−−−−−−−−VENDOR−−−−−−−−−−− FUND/DEPT ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT

10100 187814 05/09/13 300880 AT&T 7350 62201 SBFCA/4−8 TO 5−7−13 0.00 3.25

10100 187818 05/09/13 304455 AT&T U−VERSE 7350 62201 SBFCA/3−8 TO 4−7−13 0.00 2.00

10100 187852 05/09/13 304614 HDR ENGINEERING, IN 7350 63201 SBFCA/APR RENT 0.00 15.00

10100 187883 05/09/13 304991 MICHAEL BESSETTE 7350 62801 SBFCA/MAR REIMBURSE 0.00 13.48

10100 187897 05/09/13 301312 PARSONS BRINCKERHOF 7350 62701 SBFCA/FEB 2013 SERV 0.00 4,665.97

10100 187911 05/09/13 304661 SACRAMENTO BUSINESS 7350 63101 SBFCA/SUBSCRIPTION 0.00 4.65

10100 187917 05/09/13 304269 SETH WURZEL CONSULT 7350 62701 SBFCA/APR 2013 SERV 0.00 9,042.46

10100 187955 05/09/13 96752 YUBA SUTTER CHAMBER 7350 63101 SBFCA/JAN 2013 SPON 0.00 100.00

10100 188099 05/23/13 300880 AT&T 7350 62201 SBFCA/5−8 TO 6−7−13 0.00 3.68

10100 188161 05/23/13 301307 JRP HISTORICAL CONS 7350 62701 SBFCA/APR 2013 SERV 0.00 110.08

10100 188182 05/23/13 66507 OFFICE DEPOT 7350 62501 SBFCA/E−ALL IN ONE 0.00 9.14

10100 188194 05/23/13 301312 PARSONS BRINCKERHOF 7350 62701 SBFCA/MAR 2013 SERV 0.00 7,962.90

10100 188208 05/23/13 304147 SVLA 7350 62801 SBFCA/5−30−13 MEETI 0.00 30.00

10100 188215 05/23/13 201761 SPRINT 7350 62201 SBFCA/3−28 TO 4−27− 0.00 11.09

10100 188234 05/23/13 303264 WATER EDUCTATION FO 7350 62801 SBFCA/TOUR CONTRIBU 0.00 250.00

10100 188237 05/23/13 96963 Y−S ECONOMIC DEVELO 7350 63201 SBFCA/JUNE 2013 REN 0.00 25.00

10100 188241 05/23/13 304147 SVLA 7350 62801 SBFCA/5−30−13 MEETI 0.00 30.00

10100 8000849 05/09/13 301265 DOWNEY BRAND ATTORN 7350 62730 SBFCA/MAR 2013 SERV 0.00 912.75

TOTAL CASH ACCOUNT 0.00 23,191.45

TOTAL FUND 0.00 23,191.45



FUND − 731 − SBFCA CAPITAL FUND


10100 187769 05/02/13 304126 RIVERSMITH ENGINEER 996001 66604 SBFCA/FEB 2013 SERV 0.00 152.4110100 187769 05/02/13 304126 RIVERSMITH ENGINEER 996001 66704 SBFCA/FEB 2013 SERV 0.00 2,591.3610100 187769 05/02/13 304126 RIVERSMITH ENGINEER 996001 66804 SBFCA/FEB 2013 SERV 0.00 1,301.4610100 187769 05/02/13 304126 RIVERSMITH ENGINEER 995001 66604 SBFCA/FEB 2013 SERV 0.00 152.4110100 187769 05/02/13 304126 RIVERSMITH ENGINEER 995001 66704 SBFCA/FEB 2013 SERV 0.00 2,591.36TOTAL CHECK 0.00 6,789.00

10100 187814 05/09/13 300880 AT&T 996001 66311 SBFCA/4−8 TO 5−7−13 0.00 30.8310100 187814 05/09/13 300880 AT&T 995001 66311 SBFCA/4−8 TO 5−7−13 0.00 30.82TOTAL CHECK 0.00 61.65

10100 187818 05/09/13 304455 AT&T U−VERSE 995001 66311 SBFCA/3−8 TO 4−7−13 0.00 19.0010100 187818 05/09/13 304455 AT&T U−VERSE 996001 66311 SBFCA/3−8 TO 4−7−13 0.00 19.00TOTAL CHECK 0.00 38.00

10100 187824 05/09/13 302416 BENDER ROSENTHAL, I 995001 66611 SBFCA/JAN 2013 SERV 0.00 21.5910100 187824 05/09/13 302416 BENDER ROSENTHAL, I 996001 66611 SBFCA/JAN 2013 SERV 0.00 21.5910100 187824 05/09/13 302416 BENDER ROSENTHAL, I 996001 66811 SBFCA/MAR 2013 SERV 0.00 121.0110100 187824 05/09/13 302416 BENDER ROSENTHAL, I 996001 66711 SBFCA/MAR 2013 SERV 0.00 240.9510100 187824 05/09/13 302416 BENDER ROSENTHAL, I 996001 66611 SBFCA/MAR 2013 SERV 0.00 14.1710100 187824 05/09/13 302416 BENDER ROSENTHAL, I 996001 66711 SBFCA/JAN 2013 SERV 0.00 367.1210100 187824 05/09/13 302416 BENDER ROSENTHAL, I 995001 66611 SBFCA/MAR 2013 SERV 0.00 14.1710100 187824 05/09/13 302416 BENDER ROSENTHAL, I 995001 66711 SBFCA/JAN 2013 SERV 0.00 367.1210100 187824 05/09/13 302416 BENDER ROSENTHAL, I 995001 66711 SBFCA/MAR 2013 SERV 0.00 240.9510100 187824 05/09/13 302416 BENDER ROSENTHAL, I 996001 66811 SBFCA/JAN 2013 SERV 0.00 184.38TOTAL CHECK 0.00 1,593.05

10100 187837 05/09/13 304554 DAVID FORD CONSULTI 991067 65621 SBFCA/MAR 2013 SERV 0.00 1,125.20

10100 187838 05/09/13 304861 DIEPENBROCK ELKIN L 996001 66561 SBFCA/MAR 2013 SERV 0.00 5,679.7510100 187838 05/09/13 304861 DIEPENBROCK ELKIN L 995001 66561 SBFCA/MAR 2013 SERV 0.00 5,679.75TOTAL CHECK 0.00 11,359.50

10100 187843 05/09/13 201765 FIDELITY NATIONAL T 995001 67100 SBFCA/11−5001746−PA 0.00 21,900.00

10100 187847 05/09/13 304203 GEORGE SILLS GEOTEC 996001 66804 SBFCA/MAR 2013 SERV 0.00 2,587.8310100 187847 05/09/13 304203 GEORGE SILLS GEOTEC 995001 66704 SBFCA/MAR 2013 SERV 0.00 5,152.6910100 187847 05/09/13 304203 GEORGE SILLS GEOTEC 996001 66604 SBFCA/MAR 2013 SERV 0.00 303.0610100 187847 05/09/13 304203 GEORGE SILLS GEOTEC 995001 66604 SBFCA/MAR 2013 SERV 0.00 303.0610100 187847 05/09/13 304203 GEORGE SILLS GEOTEC 996001 66704 SBFCA/MAR 2013 SERV 0.00 5,152.69TOTAL CHECK 0.00 13,499.33

10100 187852 05/09/13 304614 HDR ENGINEERING, IN 995001 66311 SBFCA/APR RENT 0.00 142.5010100 187852 05/09/13 304614 HDR ENGINEERING, IN 996001 66311 SBFCA/APR RENT 0.00 142.50TOTAL CHECK 0.00 285.00

10100 187857 05/09/13 302687 ICF JONES & STOKES, 992001 65643 SBFCA/MAR 2013 SERV 0.00 3,651.6610100 187857 05/09/13 302687 ICF JONES & STOKES, 992001 65641 SBFCA/MAR 2013 SERV 0.00 25.12TOTAL CHECK 0.00 3,676.78

10100 187869 05/09/13 304090 KIM FLOYD COMMUNICA 992001 65642 SBFCA/FEB 2013 SERV 0.00 2,041.15





10100 187874 05/09/13 305047 MANATT PHELPS PHILL 996001 66552 SBFCA/MAR 2013 SERV 0.00 3,500.0010100 187874 05/09/13 305047 MANATT PHELPS PHILL 995001 66552 SBFCA/MAR 2013 SERV 0.00 3,500.00TOTAL CHECK 0.00 7,000.00

10100 187879 05/09/13 201493 MBK ENGINEERS 992001 65643 SBFCA/MAR 2013 SERV 0.00 4,764.4810100 187879 05/09/13 201493 MBK ENGINEERS 992001 65641 SBFCA/MAR 2013 SERV 0.00 6,835.4510100 187879 05/09/13 201493 MBK ENGINEERS 996001 66504 SBFCA/MAR 2013 SERV 0.00 595.0010100 187879 05/09/13 201493 MBK ENGINEERS 996001 66504 SBFCA/MAR 2013 SERV 0.00 951.5010100 187879 05/09/13 201493 MBK ENGINEERS 992001 65642 SBFCA/MAR 2013 SERV 0.00 6,075.1510100 187879 05/09/13 201493 MBK ENGINEERS 995001 66504 SBFCA/MAR 2013 SERV 0.00 595.0010100 187879 05/09/13 201493 MBK ENGINEERS 995001 66504 SBFCA/MAR 2013 SERV 0.00 951.50TOTAL CHECK 0.00 20,768.08

10100 187883 05/09/13 304991 MICHAEL BESSETTE 996001 66311 SBFCA/MAR REIMBURSE 0.00 128.1510100 187883 05/09/13 304991 MICHAEL BESSETTE 995001 66311 SBFCA/MAR REIMBURSE 0.00 128.15TOTAL CHECK 0.00 256.30

10100 187897 05/09/13 301312 PARSONS BRINCKERHOF 996001 66541 SBFCA/FEB 2013 SERV 0.00 9,979.2510100 187897 05/09/13 301312 PARSONS BRINCKERHOF 995001 66541 SBFCA/FEB 2013 SERV 0.00 9,979.25TOTAL CHECK 0.00 19,958.50

10100 187898 05/09/13 301931 PETERSON, BRUSTAD, 995001 66551 SBFCA/MAR 2013 SERV 0.00 3,654.2210100 187898 05/09/13 301931 PETERSON, BRUSTAD, 941064 65637 SBFCA/MAR 2013 SERV 0.00 2,590.8810100 187898 05/09/13 301931 PETERSON, BRUSTAD, 991067 65621 SBFCA/MAR 2013 SERV 0.00 420.0010100 187898 05/09/13 301931 PETERSON, BRUSTAD, 996001 66551 SBFCA/MAR 2013 SERV 0.00 3,654.2210100 187898 05/09/13 301931 PETERSON, BRUSTAD, 995001 66341 SBFCA/MAR 2013 SERV 0.00 7,460.8710100 187898 05/09/13 301931 PETERSON, BRUSTAD, 996001 66513 SBFCA/MAR 2013 SERV 0.00 4,602.3410100 187898 05/09/13 301931 PETERSON, BRUSTAD, 995001 66513 SBFCA/MAR 2013 SERV 0.00 4,602.3410100 187898 05/09/13 301931 PETERSON, BRUSTAD, 995001 66503 SBFCA/MAR 2013 SERV 0.00 3,451.9610100 187898 05/09/13 301931 PETERSON, BRUSTAD, 996001 66503 SBFCA/MAR 2013 SERV 0.00 3,451.9810100 187898 05/09/13 301931 PETERSON, BRUSTAD, 996001 66341 SBFCA/MAR 2013 SERV 0.00 7,460.8610100 187898 05/09/13 301931 PETERSON, BRUSTAD, 941064 65631 SBFCA/MAR 2013 SERV 0.00 5,484.20TOTAL CHECK 0.00 46,833.87

10100 187908 05/09/13 304126 RIVERSMITH ENGINEER 996001 66704 SBFCA/APR 2013 SERV 0.00 1,671.8510100 187908 05/09/13 304126 RIVERSMITH ENGINEER 995001 66604 SBFCA/APR 2013 SERV 0.00 98.3310100 187908 05/09/13 304126 RIVERSMITH ENGINEER 995001 66704 SBFCA/APR 2013 SERV 0.00 1,671.8510100 187908 05/09/13 304126 RIVERSMITH ENGINEER 996001 66804 SBFCA/APR 2013 SERV 0.00 839.6410100 187908 05/09/13 304126 RIVERSMITH ENGINEER 996001 66604 SBFCA/APR 2013 SERV 0.00 98.33TOTAL CHECK 0.00 4,380.00

10100 187911 05/09/13 304661 SACRAMENTO BUSINESS 996001 66311 SBFCA/SUBSCRIPTION 0.00 88.35

10100 187917 05/09/13 304269 SETH WURZEL CONSULT 992001 65644 SBFCA/FEB 2013 SERV 0.00 1,058.4810100 187917 05/09/13 304269 SETH WURZEL CONSULT 996001 66521 SBFCA/APR 2013 SERV 0.00 8,527.1010100 187917 05/09/13 304269 SETH WURZEL CONSULT 995001 66521 SBFCA/APR 2013 SERV 0.00 8,527.1010100 187917 05/09/13 304269 SETH WURZEL CONSULT 992001 65641 SBFCA/FEB 2013 SERV 0.00 218.75TOTAL CHECK 0.00 18,331.43

10100 187955 05/09/13 96752 YUBA SUTTER CHAMBER 996001 66311 SBFCA/JAN 2013 SPON 0.00 1,900.00

10100 187969 05/16/13 302416 BENDER ROSENTHAL, I 995001 67100 SBFCA/ESCROW PAYMEN 0.00 23,200.00





10100 188075 05/20/13 305183 CAPITOL CITY ESCROW 995001 66311 SBFCA/PROJ 01 2013C 0.00 525.0010100 188075 05/20/13 305183 CAPITOL CITY ESCROW 996001 66311 SBFCA/PROJ 01 2013C 0.00 525.00TOTAL CHECK 0.00 1,050.00

10100 188099 05/23/13 300880 AT&T 996001 66311 SBFCA/5−8 TO 6−7−13 0.00 34.9810100 188099 05/23/13 300880 AT&T 995001 66311 SBFCA/5−8 TO 6−7−13 0.00 34.99TOTAL CHECK 0.00 69.97

10100 188105 05/23/13 302416 BENDER ROSENTHAL, I 996001 66717 SBFCA/MAR 2013 SERV 0.00 66.9510100 188105 05/23/13 302416 BENDER ROSENTHAL, I 996001 66716 SBFCA/MAR 2013 SERV 0.00 22,294.9910100 188105 05/23/13 302416 BENDER ROSENTHAL, I 995001 66716 SBFCA/MAR 2013 SERV 0.00 22,295.0010100 188105 05/23/13 302416 BENDER ROSENTHAL, I 995001 66714 SBFCA/MAR 2013 SERV 0.00 41,885.9810100 188105 05/23/13 302416 BENDER ROSENTHAL, I 995001 66717 SBFCA/MAR 2013 SERV 0.00 66.9510100 188105 05/23/13 302416 BENDER ROSENTHAL, I 996001 66714 SBFCA/MAR 2013 SERV 0.00 41,885.98TOTAL CHECK 0.00 128,495.85

10100 188125 05/23/13 304861 DIEPENBROCK ELKIN L 996001 66561 SBFCA/APR 2013 SERV 0.00 4,771.5010100 188125 05/23/13 304861 DIEPENBROCK ELKIN L 995001 66561 SBFCA/APR 2013 SERV 0.00 4,771.50TOTAL CHECK 0.00 9,543.00

10100 188161 05/23/13 301307 JRP HISTORICAL CONS 995001 66311 SBFCA/APR 2013 SERV 0.00 1,045.7910100 188161 05/23/13 301307 JRP HISTORICAL CONS 996001 66311 SBFCA/APR 2013 SERV 0.00 1,045.79TOTAL CHECK 0.00 2,091.58

10100 188169 05/23/13 305047 MANATT PHELPS PHILL 996001 66552 SBFCA/APR 2013 SERV 0.00 3,500.0010100 188169 05/23/13 305047 MANATT PHELPS PHILL 995001 66552 SBFCA/APR 2013 SERV 0.00 3,500.00TOTAL CHECK 0.00 7,000.00

10100 188172 05/23/13 201493 MBK ENGINEERS 995001 66504 SBFCA/FEB 2013 SERV 0.00 27.5010100 188172 05/23/13 201493 MBK ENGINEERS 995001 66504 SBFCA/FEB 2013 SERV 0.00 600.7910100 188172 05/23/13 201493 MBK ENGINEERS 995001 66504 SBFCA/FEB 2013 SERV 0.00 1,144.0010100 188172 05/23/13 201493 MBK ENGINEERS 995001 66504 SBFCA/FEB 2013 SERV 0.00 1,253.2510100 188172 05/23/13 201493 MBK ENGINEERS 992001 65644 SBFCA/FEB 2013 SERV 0.00 578.4010100 188172 05/23/13 201493 MBK ENGINEERS 992001 65641 SBFCA/FEB 2013 SERV 0.00 5,648.5410100 188172 05/23/13 201493 MBK ENGINEERS 992001 65643 SBFCA/FEB 2013 SERV 0.00 1,287.0010100 188172 05/23/13 201493 MBK ENGINEERS 996001 66504 SBFCA/FEB 2013 SERV 0.00 27.5010100 188172 05/23/13 201493 MBK ENGINEERS 996001 66504 SBFCA/FEB 2013 SERV 0.00 600.7910100 188172 05/23/13 201493 MBK ENGINEERS 996001 66504 SBFCA/FEB 2013 SERV 0.00 1,144.0010100 188172 05/23/13 201493 MBK ENGINEERS 992001 65642 SBFCA/FEB 2013 SERV 0.00 4,059.9010100 188172 05/23/13 201493 MBK ENGINEERS 996001 66504 SBFCA/FEB 2013 SERV 0.00 1,253.25TOTAL CHECK 0.00 17,624.92

10100 188182 05/23/13 66507 OFFICE DEPOT 995001 66311 SBFCA/E−ALL IN ONE 0.00 86.8010100 188182 05/23/13 66507 OFFICE DEPOT 996001 66311 SBFCA/E−ALL IN ONE 0.00 86.80TOTAL CHECK 0.00 173.60

10100 188194 05/23/13 301312 PARSONS BRINCKERHOF 995001 66721 SBFCA/12−1−12/4−30− 0.00 5,186.9710100 188194 05/23/13 301312 PARSONS BRINCKERHOF 996001 66721 SBFCA/12−1−12/4−30− 0.00 5,186.96TOTAL CHECK 0.00 10,373.93

10100 188197 05/23/13 301931 PETERSON, BRUSTAD, 995001 66513 SBFCA/APR 2013 SERV 0.00 5,728.91





10100 188197 05/23/13 301931 PETERSON, BRUSTAD, 996001 66551 SBFCA/APR 2013 SERV 0.00 3,497.8110100 188197 05/23/13 301931 PETERSON, BRUSTAD, 996001 66513 SBFCA/APR 2013 SERV 0.00 5,728.9110100 188197 05/23/13 301931 PETERSON, BRUSTAD, 941064 65637 SBFCA/APR 2013 SERV 0.00 3,478.1310100 188197 05/23/13 301931 PETERSON, BRUSTAD, 995001 66551 SBFCA/APR 2013 SERV 0.00 3,497.8210100 188197 05/23/13 301931 PETERSON, BRUSTAD, 996001 66503 SBFCA/APR 2013 SERV 0.00 1,609.7610100 188197 05/23/13 301931 PETERSON, BRUSTAD, 941064 65631 SBFCA/APR 2013 SERV 0.00 5,078.7810100 188197 05/23/13 301931 PETERSON, BRUSTAD, 995001 66503 SBFCA/APR 2013 SERV 0.00 1,609.7510100 188197 05/23/13 301931 PETERSON, BRUSTAD, 995001 66341 SBFCA/APR 2013 SERV 0.00 7,355.2710100 188197 05/23/13 301931 PETERSON, BRUSTAD, 996001 66341 SBFCA/APR 2013 SERV 0.00 7,355.26TOTAL CHECK 0.00 44,940.40

10100 188215 05/23/13 201761 SPRINT 996001 66311 SBFCA/3−28 TO 4−27− 0.00 105.3610100 188215 05/23/13 201761 SPRINT 995001 66311 SBFCA/3−28 TO 4−27− 0.00 105.36TOTAL CHECK 0.00 210.72

10100 188237 05/23/13 96963 Y−S ECONOMIC DEVELO 996001 66311 SBFCA/JUNE 2013 REN 0.00 237.5010100 188237 05/23/13 96963 Y−S ECONOMIC DEVELO 995001 66311 SBFCA/JUNE 2013 REN 0.00 237.50TOTAL CHECK 0.00 475.00

10100 8000849 05/09/13 301265 DOWNEY BRAND ATTORN 992001 65641 SBFCA/MAR 2013 SERV 0.00 1,639.0010100 8000849 05/09/13 301265 DOWNEY BRAND ATTORN 995001 66321 SBFCA/MAR 2013 SERV 0.00 25,315.0810100 8000849 05/09/13 301265 DOWNEY BRAND ATTORN 995001 66512 SBFCA/MAR 2013 SERV 0.00 37,395.0010100 8000849 05/09/13 301265 DOWNEY BRAND ATTORN 995001 66322 SBFCA/MAR 2013 SERV 0.00 6,603.0910100 8000849 05/09/13 301265 DOWNEY BRAND ATTORN 996001 66512 SBFCA/MAR 2013 SERV 0.00 37,395.0010100 8000849 05/09/13 301265 DOWNEY BRAND ATTORN 941064 65630 SBFCA/MAR 2013 SERV 0.00 1,540.0010100 8000849 05/09/13 301265 DOWNEY BRAND ATTORN 992001 65642 SBFCA/MAR 2013 SERV 0.00 539.0010100 8000849 05/09/13 301265 DOWNEY BRAND ATTORN 996001 66321 SBFCA/MAR 2013 SERV 0.00 25,315.0810100 8000849 05/09/13 301265 DOWNEY BRAND ATTORN 996001 66322 SBFCA/MAR 2013 SERV 0.00 6,603.08TOTAL CHECK 0.00 142,344.33

10100 8000889 05/23/13 301265 DOWNEY BRAND ATTORN 991068 65638 SBFCA/DEC 2012 SERV 0.00 375.0010100 8000889 05/23/13 301265 DOWNEY BRAND ATTORN 941064 65630 SBFCA/FEB 2013 SERV 0.00 1,386.00TOTAL CHECK 0.00 1,761.00

TOTAL CASH ACCOUNT 0.00 571,239.49

TOTAL FUND 0.00 571,239.49

TOTAL REPORT 0.00 594,430.94

Item 3


July 10, 2013 TO: Board of Directors FROM: Mike Inamine, Executive Director SUBJECT: Approval of Resolutions Authorizing the Investment of Bond Proceeds by the

Treasurer and Executive Director with UnionBanc Investment Services as well as in the Local Agency Investment Fund (LAIF)

Recommendation Approval of two resolutions taking the followings actions:

1. Authorize the Treasurer and Executive Director to invest the proceeds of the 2013 Assessment Revenue Bonds pursuant to the permitted investments stated within the Indenture for the Bonds with UnionBanc Investment Services; and,

2. Authorize the Treasurer and Executive Director to invest the proceeds of the 2013

Assessment Revenue Bonds in the Local Agency Investment Fund (LAIF) established in the State Treasury.

Background At the May 8, 2013 Board meeting, the Board authorized the issuance and sale of the 2013 Assessment Revenue Bonds. The bonds were priced and sold on May 16th and the transaction ultimately closed on June 4th. As a result of the transaction, SBFCA received $42,612,452. The uses of those proceeds were as follows.

Project Fund $40,000,000.00 Debt Service Reserve Fund 1,417,100.00 Capitalized Interest Fund 565,455.31 Cost of Issuance 204,188.13 Underwriter’s Discount 197,885.36 Insurance Premium 227,823.20

Total Uses $42,612,452

All of the net proceeds, (i.e. money not used to pay the expenses like costs of issuance, the insurance premium or Underwriter’s Discount), are held by SBFCA’s trustee for the bonds, Union Bank, and governed by an Indenture of Trust Agreement. After an initial draw of proceeds for project related expenses and the payment of various expenses, SBFCA has the following balance with the trustee;

Item 3

Project Fund $34,266,623.91 Debt Service Reserve Fund 1,417,100.00 Capitalized Interest Fund 565,455.31 Cost of Issuance 11,036.13

Total Uses $36,260,215.35 All of these funds are held in a money market fund and earn little to no interest while they sit waiting to be used for their dedicated purposes. SBFCA has the ability to invest those funds and the earnings on those investments can be used to offset the interest cost of the bonds (subject to arbitrage rebate calculations). Discussion As discussed at previous board meetings prior to authorization of the bonds, in order to lower the financing costs to SBFCA and maximize the amount of proceeds available to complete projects, SBFCA undertook a large bond issue that would cover the costs of approximately two years of construction work. Ultimately, the Agency will not draw down all of the project proceeds immediately and the Agency will maintain significant cash balances in the Project Fund over the next two years. In cases like these, it standard practice for municipalities to invest those proceeds in low risk investments to help offset the interest cost of the debt. The investment of bond proceeds was contemplated by the Indenture Agreement, which includes a list of permitted investments. Subject to very specific conditions related to the rating of securities and other specific terms, the permitted investments include securities such as Federal Securities (US Treasury Notes and Bonds), Federal Agency Notes & Bonds (Fannie Mae, Freddie Mac, Ginnie Mae, etc.), Certificates of Deposit, Bonds or Notes issued by other municipalities, or the Local Agency Investment Fund. In order to invest the Bond proceeds, the Board would need to authorize an agent to direct the investment of the Agency’s money. Currently, the Agency has no authorized Agent under the JPA Agreement or any other prior action taken by the Board. Investment of Proceeds Staff evaluated three different options for the investment of proceeds, including:

1. An active professionally managed account with an investment advisor; 2. An advised brokerage account with an investment bank (such as the agency’s trustee),

and; 3. An account with LAIF.

Staff prepared example draw down schedules for the project fund and requested informal proposals from two professional investment advisors as well as sample investment portfolios from two investment banks. Staff evaluated the responses and determined that taking a very conservative approach to the investment of the Bonds proceeds and minimizing the cost of investments was the most appropriate strategy. Staff concluded that a conservative strategy would be to invest proceeds in LAIF and, in order to provide flexibility to meet cash flow needs, to invest the remaining proceeds in a mix of low risk federal treasuries and federal agency notes with maturities that match the expected cash flow needs of the Agency.

Item 3

Given this approach, Staff recommends that the Board take two distinct actions:

1. Take the necessary actions to participate in LAIF. The program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars for thousands of agencies, that utilizes the investment expertise of the State Treasurer's Office investment staff at no additional cost to the taxpayer. Participation in the fund affords SBFCA the flexibility to passively invest proceeds in a fund that are secure and utilize minimal staff resources.

2. Take the necessary action to allow the Executive Director and the Treasurer to invest proceeds through UnionBanc Investment Services. Providing the Agency with the ability to invest proceeds outside of LAIF gives the Agency the needed flexibility to do two things, A) invest proceeds in longer term securities that would yield higher than LAIF for those funds that would not be needed in the near term (including the reserve fund) and, B) reinvest proceeds that are drawn from the LAIF fund and determined not be needed due to delays or other circumstances. The LAIF program for Trustee Bond Accounts only allows bond proceeds deposited in the fund to be drawn once (it is a one-way account) and only once every 30 days.

Fiscal Impact The 5-Year Budget takes a conservative approach and does not budget revenues from the interest earning of any of the Agency’s cash including the 2013 Assessment Revenue Bond proceeds. If the Board approves the recommended action, the investment of Bond Proceeds will ultimately lower the interest cost on the Agency’s borrowing and have a positive budgetary impact to the Agency.

*** The Agency’s Budget Manager will be available to answer any questions. Attachments: 1. Resolution of the Sutter Butte Flood Control Agency Authorizing the Deposit and Withdrawal of

Monies in the Local Agency Investment Fund

2. Resolution of the Sutter Butte Flood Control Agency Authorizing Investment of Bond Proceeds

with UnionBanc Investment Services

RESOLUTION NO. _______

RESOLUTION OF THE SUTTER BUTTE FLOOD CONTROL AGENCY

AUTHORIZING THE DEPOSIT AND WITHDRAWAL OF MONIES IN THE LOCAL

AGENCY INVESTMENT FUND

WHEREAS, The Local Agency Investment Fund is established in the State Treasury

under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for

purposes of investment by the State Treasurer; and

WHEREAS, the Board of Directors hereby finds that the deposit and withdrawal of

money in the Local Agency Investment Fund in accordance with Government Code section

16429.1 et. seq. for the purpose of investment as provided therein is in the best interests of

SBFCA.

NOW, THEREFORE, THE SUTTER BUTTE FLOOD CONTROL AGENCY

RESOLVES AS FOLLOWS:

1. The Board hereby authorizes the deposit and withdrawal of SBFCA monies in the

Local Agency Investment Fund in the State Treasury in accordance with

Government Code section 16429.1 et. seq. for the purpose of investment as

provided therein.

2. The following SBFCA officers holding the title(s) specified herein below or their

successors in office are each hereby authorized to order the deposit or withdrawal

of monies in the Local Agency Investment Fund and may execute and deliver any

and all documents necessary or advisable in order to effectuate the purposes of

this resolution and the transactions contemplated hereby:

Michael Inamine, SBFCA Executive Director

Signature: ________________________

Robin Bertagna, SBFCA Treasurer

Signature: ________________________

3. This resolution shall remain in full force and effect until rescinded by the Board

by resolution and a copy of the resolution rescinding this resolution is filed with

the State Treasurer’s Office.

ADOPTED this 10th

day of July, 2013.

___________________________________

James Gallagher, President

Certificate of Secretary of SBFCA:

I hereby certify that the foregoing resolution is a true copy of the resolution of the Sutter Butte

Flood Control Agency, duly organized and existing under the laws of California, duly adopted on

July 10, 2013, by the Board of Directors of SBFCA, and duly entered in the records of SBFCA,

and that the resolution is in conformity with applicable laws and regulations and the organization

documents of SBFCA and is now in full force and effect. I further certify that the name and

specimen signatures of the officers of SBFCA in this resolution are as set forth above.

Dated: _____________

Signature: _____________________



AUTHORIZING INVESTMENT OF BOND PROCEEDS WITH UNIONBANC

INVESTMENT SERVICES

WHEREAS, the Board of Directors of the Sutter Butte Flood Control Agency (SBFCA)

hereby finds that conservative investment of bond proceeds is in the best interests of SBFCA;

and

WHEREAS, SBFCA may wish to invest bond proceeds with UnionBanc Investment

Services and through this resolution wishes to authorize certain individuals to enter into

transactions with UnionBanc Investment Services as directed by the Board.



1. That any one of the following (Authorized Representatives), acting alone, is

authorized, in the name of and on behalf of the Sutter Butte Flood Control

Agency (SBFCA), from time to time, by telephonic, electronic, oral or written

means, to (a) execute on behalf of SBFCA and deliver to UnionBanc Investment

Services a transaction agreement, and (b) to take any or all of the following

actions: (i) to enter into, execute, or modify upon such terms as such Authorized

Representative shall approve any oral or written agreement with UnionBanc

Investment Services relating to any securities or safekeeping transaction or issue;

(ii) to confirm any securities or safekeeping transaction or issue; (iii) to accept or

direct the transfer to SBFCA or to any third party or accept or dispose of any

funds payable to SBFCA pursuant to a securities or safekeeping transaction or

issue; and (iv) to verify any payment instruction.

2. That the authority given hereby shall remain in full force and effect, and

UnionBanc Investment Services is authorized and requested to rely and act

thereon, until UnionBanc Investment Services receives a certified copy of a

further resolution of SBFCA amending, rescinding or revoking this resolution.

Authorized Representatives:

Michael Inamine, SBFCA Executive Director

Signature: ________________________

Robin Bertagna, SBFCA Treasurer

Signature: ________________________

ADOPTED this 10th

day of July, 2013.

___________________________________


Certificate of Secretary of SBFCA:

I hereby certify to UnionBanc Investment Services that the foregoing resolution is a true copy of

the resolution of the Sutter Butte Flood Control Agency, duly organized and existing under the

laws of California, duly adopted on July 10, 2013, by the Board of Directors of SBFCA, and

duly entered in the records of SBFCA, and that the resolution is in conformity with applicable

laws and regulations and the organization documents of SBFCA and is now in full force and

effect. I further certify that the name and specimen signatures of the officers of SBFCA in this

resolution are as set forth above.

Dated: _____________

Signature: _____________________

Item 4


July 10, 2013 TO: Board of Directors FROM: Mike Inamine, Executive Director Andrea Clark, General Counsel SUBJECT: Approval to recruit, select and hire an Administrative Manager as an Agency

Employee

Recommendations Authorize the Executive Director to recruit, select and hire an Administrative Manager as an employee of the Agency with a salary and benefit package to be developed by the Executive Director and General Counsel in consultation with the ad hoc committee of the Board. Authorize the Executive Director to make adjustments to the approved Final 5-Year Budget to shift appropriations from the professional services budget to the appropriate salary and benefit budget line items. These actions would convert the existing Administrative Manager position from a consultant to an Agency employee for a limited term of three years. The salary and benefit package will be based on duties for this position, the candidate’s qualifications and competing compensation for similar work.

Background Since October 2010, Agency administrative and contract administration has been very competently performed by a consultant, Kennedy Modeste Communications (Sarah Modeste). As originally scoped, this contract was a stop-gap measure that was intended to be filled at a later date by a long-term position(s) or assignment. Since that time, this contract has been amended three times to continue essential administrative, outreach, analytical and contract administration functions. This short-term arrangement must be rectified at this time due to the rapid increase in workload and responsibilities of this position. When the Assessment District was formed in 2010, a need was identified for administrative and other functions to be performed by an individual. As a result, Sarah Modeste was recruited by the Agency and retained for “…administrative assistance on a short-term basis…” (October 6, 2010 contract with Kennedy Modeste Communications). Since that time, the scope of services performed by the contractor has increased commensurate with Agency actions and the growing number of consultants employed by the Agency, and the contract has been amended three times to address these needs and continuance of services. As SBFCA has recently entered the construction phase of the $265 million FRWLP1, the quantity and scope of work performed by the contractor will rapidly increase and will continue for the foreseeable future. In light of the increased work load and responsibilities of the Administrative Manager as the Agency moves into construction, it makes sense at this point for these functions to be

Item 4

performed by an employee to the Agency, rather than an independent consultant. Due to the intensive activity associated with the design and construction of the FRWLP through 2016, the proposed term of employment is three years from the date of execution of the employment contract (targeted for August 1, 2013). After this term, the employment contract will terminate or will be renegotiated. Job Description The complete job description is attached. Following is a listing of essential job duties:

1. Provides professional administrative and analytical support to the Executive Director, Director of Engineering and SBFCA Board, including researching and analyzing technical data for Agency’s decision making process; prepares statistical, financial, technical, and narrative summaries, reports, and/or recommendations as assigned.

2. Processes payment of vendor invoices and Agency receivables. 3. Processes and coordinates a variety of legal documents including agreements and

contracts. 4. Provides well-reasoned, thoughtful responses to citizens’ inquiries and/or complaints,

performs research and fact finding activities, and communicates findings to appropriate parties, including the public.

5. Coordinates and schedules the Executive Director and Director of Engineering appointments in collaboration with member agencies, stakeholders, public and SBFCA consultants.

6. Serves as Clerk to the Agency Board of Directors and ensures proper posting of timelines and other requirements are met, ensures delivery to designated parties; signs, attests to, and certifies resolutions, ordinances, contracts, agreements, and other documents as required.

7. Establishes and maintains positive working relationships with representatives of community organizations, State/local agencies, member Agency management and staff, and the general public. Produce outreach and communication materials for SBFCA projects and initiatives; manages and coordinates venues for various stakeholder meetings and events.

8. Creates web pages, links, graphics and other supporting information on the SBFCA website for the purpose of disseminating information to the public and other interested parties.

9. Reviews and analyzes a variety of organizational and operational procedures, administrative policies, and program alternatives; provides staff support to designated committees and workgroups as assigned.

10. Creates and/or coordinates legal notices for public hearings, and is responsible for publishing, posting and distribution; assures that legal requirements are met for publications and postings as required.

11. Administers, coordinates, and oversees the provisions of designated state laws, such as the Political Reform Act of 1974, Brown Act, Public Records Act and other applicable mandates.

12. Prepares cost estimates with justifications for budgetary purposes related to assigned functions and operations; monitors and controls expenditures.

13. Coordinates, oversees, and participates in the processing of a variety of requests for Agency records and documents from consultants and staff, other governmental entities and/or the general public.

14. Maintains and updates knowledge base regarding pertinent and applicable federal, state and local regulations governing public documents.

15. Independently responds to letters and general correspondence of a routine nature.

Item 4

The proposed salary range is $70,000 to $95,000 based upon review of comparable salaries for similar job classifications at other comparable local municipalities. Proposed Recruitment and Hiring Process Staff will prepare and circulate a job posting to member agencies for a minimum of one week. Staff will analyze qualifications, check references, hold interviews with qualified candidates and make a tentative offer to the most qualified candidate. Staff will meet with the ad hoc committee of the Board following selection of the most qualified candidate to propose a salary and benefit package. After receiving authorization from the ad hoc committee for a compensation package, staff proposes to negotiate and execute an employment contract with the preferred candidate by August 7, 2013. Fiscal Impact The Approved Final 5-Year budget includes appropriations for the Administrative Manager position with the Agency’s professional services budget. With the approval of the recommended actions, the Executive Director would reduce the professional services budget line item and increase the salary and benefit budget line items. No additional appropriations are requested by filling the Administrative Manager position as an employee versus a consultant, therefore there is no net budgetary impact resulting from board approval of the recommended actions.

1324665.1



REGARDING SELECTION AND HIRING OF ADMINISTRATIVE MANAGER

WHEREAS, the Sutter Butte Flood Control Agency (SBFCA) has utilized a consultant

on a short-term basis for administrative support and contract administration; and

WHEREAS, because of an anticipated increase in workload and responsibilities related

to administrative support and contract administration due to the start of construction of the

Feather River West Levee Project, SBFCA wishes to hire an Administrative Manager; and

WHEREAS, the Board of Directors wishes to direct staff to recruit, select and execute an

employment agreement with an Administrative Manager consistent with the job description

attached hereto as Attachment 1.



1. The Board hereby directs staff to recruit and select an Administrative Manager

consistent with the attached job description.

3. The Board hereby directs the Executive Director to make the necessary

adjustments to the approved Final 5-Year Budget to shifting appropriations from

the professional services budget to the appropriate salary and benefit budget line

items. No increase in expenditure appropriations are approved by this action.

2. The Board hereby delegates to the Executive Director authority to negotiate and

execute an employment agreement with the preferred candidate once staff has met

with and received direction from an ad hoc committee of the Board regarding a

salary and benefit package, which shall not exceed $135,000.

ADOPTED this 10th

day of July, 2013.

___________________________________


1 Item 5

Sutter Butte Flood Control Agency

A Partnership for Flood Safety

July 10, 2013 TO: Board of Directors FROM: Mike Inamine, Executive Director Michael Bessette, Director of Engineering SUBJECT: Receive and file Program/Project Update Report

Recommendation Receive and file the July 2013 Program/Project Update report. Background The purpose of this report is to provide a regular, monthly update on program and project activities of the Agency: Engineering Design The engineering design team completed and issued a conformed set of Project Area C project documents (plans and specifications) that incorporates all changes contained in the three bid addendums issued during the bid period. The team has also completed an Engineering Considerations and Instructions for Field Personnel (ECIFP). The ECIFP provides insight and background regarding specific design features that require special attention during construction. The design team is now focusing its efforts on advancing the 65% plans and specifications for Project Areas B and D to a 90% design level. Activities for this effort will include levee repair design refinement, additional field investigations in the tailings area, borrow area assessments of potential sites and addressing the IPE and Agency comments received on the 65% design for Areas B and D last year. The 90% design for those areas is due in August 2013. Borrow site activities are now focused on securing borrow for Project Area D. This effort involves coordination with the City of Biggs who are evaluating several sites for a sewage detention pond. Similar to the Live Oak agreement where SBFCA’s contractor will borrow material and leave behind a drainage detention basin, the same situation could occur for Biggs if the parameters turn out favorable for both agencies. To advance this effort the borrow team has begun field investigations and analysis on the soils at the respective sites to determine if they are compatible with levee embankment specifications. Construction Management (Project Area C) On May 15 the Contract w/ Nordic/Magnus Pacific Joint Venture for Bid Schedule A work (submittals) was executed and the Notice to Proceed (NTP) was issued. Since that date the contractor has been very busy preparing and submitting the required contract submittals for approval. On June 15 the Contract for Bid Schedule B-D was executed and a NTP for non-ground disturbing activities was issued on June 20. A third NTP was issued on June 25 for installation of storm water pollution prevention best management facilities, construction fencing, and exploratory borings for the deep mix method wall installation in Reach 13.

2 Item 5

Additional current work activities include pre-construction documentation photographs in Reach 13, and initiation of control surveys and cross sectional surveying in Reach 13. The Construction Management (CM) team continues to manage the tenant improvements for the construction management field office located at 1445 Garden Highway in Yuba City as well as the certification process for the CM Field Materials Laboratory at this same location. Additional CM activities include; coordination with Environmental team, Right of Way team, and Public Outreach manager, review and coordination of contractor submittals, review of contractor submitted value engineering proposal in Reach 13 (deep mix method wall installation), review and coordination of contractor submitted proposal to close gap at PG&E gas line in Reach 13, initiating pre-construction Quality Assurance photographs and surveys. Environmental Documentation and Permitting The Final EIS was posted to the Federal Register on June 14 to begin the official 30-day ‘cooling off’ period for the federal environmental review process. This marks the achievement of another major milestone on the road to starting Project Area C construction. Once the cooling off period is complete, the USACE will be in a position to prepare a Record of Decision (ROD) and issue our Section 408 Permit. The Section 408 permit package has been forwarded by USACE Sacramento District to Division and HQ for concurrent review during the FEIS cooling off period. Staff is continuing to work with our Congressional representatives in Washington DC to expedite the USACE ROD and 408 review and approval process by HQ so the 408 can be issued in mid-July. Right of Way The right of way acquisition process is continuing in Project Areas C, D and B. Purchase offers have been made to nearly all property owners in Project Area C. To date, the Agency has accepted offers from 11 property owners and negotiations are ongoing with the remainder. In Project Area D, notices have been sent to the property owners to schedule site inspections for appraisal purposes, and a majority of the inspections have been conducted. In Project Area B, we are sending notices to the property owners to schedule site inspections for appraisal purposes. On June 5, 2013, staff met with Yuba City’s 2nd Street property owners to inform them of the upcoming construction activities. Staff is also preparing notifications to other Yuba City residents and businesses located in the vicinity of 2013 construction activity, to inform them of our upcoming construction related activities. Staff also continues to coordinate closely with several of its member agencies to provide the necessary land rights for the project. The Rights of Entry needed from Sutter County and Yuba City have been completed. We are on schedule to obtain the necessary property rights for construction in 2013 and 2014. Staff continues to meet regularly with property owners upon request to answer questions and facilitate the acquisition process.

State & Local Funding and Coordination The process of acquiring the needed State funding for construction is advancing. DWR issued a Funding Commitment Letter on May 31, 2013 for approximately $57 million for Project Area C. A Construction Funding Agreement has been finalized and is being routed to the State Department of General Services for final processing and approval. Final approval of a Construction Funding Agreement may take several months, however, at this time staff does not foresee a delay in a construction funding agreement that would impact major construction beginning in July.

3 Item 5

SBFCA staff is continuing to work with DWR project managers to process reimbursements and advances under our design funding agreement. As previously reported, on June 4 SBFCA successfully concluded the sale of its 2013 Assessment Revenue Bonds. On June 25, SBFCA made its first draw from Project Funds in the amount of $5,733,376.09 to reimburse the Agency for a portion of engineering and support costs associated with the EIP Project that was previously incurred. This initial draw served two purposes, first it provided the Agency with cash to pay off the remainder of its Member Agency Loans to Yuba City, Sutter County and LD 1 (a total of $3,114,78185), and second, it provides cash flow to cover near term project related expenses for the EIP Project. This initial draw leaves approximately $34.27 million in Project Funds with our trustee. Agency staff has analyzed various scenarios associated with the drawdown of Project Fund bond proceeds for the purpose of analyzing various alternatives for the investment of the proceeds. Staff will be requesting authorization from the Board at its July meeting to implement a conservative and risk adverse strategy for the investment of bond proceeds not needed for immediate cash flow needs.

Corps Feasibility Study Pilot Project The draft Feasibility Study Report was released for public review via notice in the Federal Register on June 7 (the same day that the 408 project FEIS will be noticed in the Federal Register). USACE coordinated with SBFCA and DWR to schedule a public meeting during the 45-day comment period, which will be held on July 22 between 6-8 p.m. at the Veteran’s Memorial Hall in Yuba City.

SBFCA closely coordinated with USACE to insure that the Section 221 Memorandum of Understanding (MOU) was approved and executed immediately upon release of the public draft Feasibility Study Report. This coordination successfully resulted in the MOU being executed and issued to SBFCA on June 14. The 221 MOU is needed as a condition of our State grant funding agreement, and must be executed before giving the contractor a notice to proceed on the Bid Schedule B-D elements (actual construction). Future activities include achieving Federal cost sharing on the remainder of the LPP, facilitating completion of the Chief’s Report, including the project in WRDA, and resolution of final project accounting. Regional Planning A first draft of the framework and outline for the plan has been produced and is under internal review. A kick-off meeting to introduce a high-level version of the draft plan was held on June 5

at the Yuba County Government Center. The meeting was well attended and proved to be a successful start to the Regional Planning effort. Staff is participating in regional Coordinating Committee activities, which are designed to improve communication and coordination between the CVFPB, DWR, and each of the six planning regions. The consultant team is scheduling and conducting small group meetings with stakeholder groups, including maintaining agencies, cities and counties, and NGOs to gather data and information necessary for plan development. The program can be accessed at www.frrfmp.com, and a project hotline has been established (530-845-5988).

Fiscal Impact

This is an informational item only with no fiscal impact to the Agency.

http://www.frrfmp.com/

Items 6-9


July 10, 2013

Item 6 TO: Board of Directors FROM: Mike Inamine, Executive Director SUBJECT: Other reports from Agency staff and consultants

This time has been set aside on the agenda for other reports from Agency staff and consultants. Item 7 TO: Board of Directors FROM: Mike Inamine, Executive Director SUBJECT: Report by the Citizens’ Assessment District Advisory Committee

This time has been set aside on the agenda for a report from the CADAC and Board discussion (if necessary).

Item 8 TO: Board of Directors FROM: Mike Inamine, Executive Director SUBJECT: Report (if necessary) by member and partner agencies

This time has been set aside on the agenda for a report and discussion (if necessary) by member and partner agency representatives.

Item 9 TO: Board of Directors FROM: Mike Inamine, Executive Director SUBJECT: Report on correspondence sent by and received by the Board

This time has been set aside on the agenda for Board discussion and staff response (if necessary) regarding correspondence received by the Agency. Fiscal Impact The above items are informational only with no fiscal impact to the Agency.

Documents

Sutter Butte Flood Control Agencysutterbutteflood.org/wp-content/uploads/2013/09/Board-Agenda... · Sutter Butte Flood Control Agency ... 1232 S. George Washington Blvd., ... Salt