Madera County Grand Jury

2007-2008

12 reports

Findings & Recommendations 4 findings
F1: The Central California Women's Facility policy as it relates to inmate safety. California Penal Code, one through four housing policies as it (CCWF) continue to review the level Section 3430, requires the California Department of Corrections relates to female inmate safety. and Rehabilitation to create policies and operational practices that are designed to ensure a safe and productive institutional environment for female offenders. CCWF has submitted a Special Repair Project Request to the I July 1, 2009 necessary the nurses calling station in The CCWF evaluate and upgrade as B. Hubble,
F2: Facility Management Division (FMD). The project has been the Skilled Nursing Facility. Correctional approved. The project has been submitted for design, but has not Manager I Plant yet been funded. Upon funding of the project by FMD, Inmate Ward Labor will replace the nurse call system. Work Orders have been submitted to evaluate the ventilation I The evaluation is to be should be upgraded to accommodate The CCWF kitchen ventilation system L. Cook,
F3: problems in the sculleries. completed by the harsh environment of the scullery. Correctional June 1, 2008. Manager (CFMI) Food
F4: Work orders have been submitted to install protective covers over IWork to be completed prevent further continual damage. Pressure gauges be shielded tb I CFMI the temperature and pressure gauges on the scullery machines. by June 1, 2008 =._---~~~ S. K. PENNYWELL ASSo~ifite,l WZ/d~e,n B".lJ.;SineSS:/ie/i~~s. I ! / Vi ~ / /I '/1 c..-"' I • ,", "pi ~f)' 7fj"'~ c7,r'. itt" L' i / / _.' {'rtf / " 't?'YL/'" DEBORAH L. PATRICK Warden Central California Women's Facility RECE~/ED 1 r:tJ MADERA CO!Ji\,JW GRAND JURY . . 5/ b (~:? DATE 5(9 /i!!-~ DATE 121
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Findings & Recommendations 6 findings
F1: A. County responsibilities were to clear sloughs in District pursuant to Madera County Contract No. 156-C-63 dated November 5, 1963 between County and District (the"1963 Contract"), which provides for County's cIeaning of sloughs in the [District] for the purpose ofprotecting County roads, rights of way and easements." It also provided for District to reimburse the County for its costs of fuel and equipment operator compensation, but not "any other costs or expenditures." The 1963 Contract was superseded when the Reclamation Board acquired easements for levees, the Army Corps ofEngineers constructed flood protection levees and the Agency accepted responsibility for operation and maintenance ofthe local project (flood channels) when the Agency entered into the 1970 Agreement with the Reclamation Board. B. Agency's responsibilities are: a. to maintain and operate the channel ofthe Chowchilla River to the bifurcation of the Ash and Berenda Sloughs in a manner that restores and preserves the channel capacity as of 1959, in accordance with the Agreement between the Agency and The Reclamation Board ofthe State of California ("Board") dated April 7, 1970 ("1970 Agreement") b. to maintain and operate the local project (Ash and Berenda Slough flood channels and levees from the Bifurcation Structure to the East Side By Pass) of2 ~;f"Apr., I'r111ntv 42 or any unit thereof upon completion of the project, substantially in accordance with the Maintenance Manual of the U. S. Army Corps of Engineers for Chowchilla River: Ash and Berenda Sloughs Channel Improvement and Levee Construction ("Corps Manual") c. to provide local agency/interests assurances to the State of California, its Reclamation Board and the United States that will hold those government entities harmless from claims arising out ofthe project on the Chowchilla River and those sloughs, in accordance with the 1970 Agreement. d. to reimburse District for its maintenance ofthe bifurcation structure described in the Corps Manual per the Agreement between the Agency and District dated December 6, 1977 ("1977 Agreement"). C. District's responsibilities are: a. to accept title to, and operate, the bifurcation structure at the division of the Ash and Berenda Sloughs ("Sloughs") for flood control purposes in accordance with the Corps Manual, as set forth in the 1977 Agreement. b. to maintain that bifurcation structure, at the cost and expense of the Agency, in accordance with the 1977 Agreement. c. during flood periods, to patrol the banks of the levees along the Sloughs to detect breaks in those levees, and to the extent the District has personnel and equipment available, make emergency small repairs in those levees, all at the District's expense, in accordance with the 1977 Agreement. D. District's responsibilities do not include: a. long term maintenance, repair or replacement ofany portion of those levees, per the terms ofthe 1977 Agreement. b. any other obligation regarding the clearing, maintenance, repair or replacement of those levees or the slough channels. c. in spite ofDistrict's having made, on one or more occasions, a contribution of in-kind services to assist the Agency in its responsibility to maintain the sloughs, the District has no responsibility to make any similar contributions in the future.
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F2: County, Agency and District may be willing to enter into an Agreement that clarifies these responsibilities and provides for the efficient and effective operation and maintenance of the Ash and Berenda Sloughs which results in flood protection for Madera County residents as was originally planned. of2 r,..fnnpr:l f'nllntv 43 STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, GOVERNOR CENTRAL VALLEY FLOOD PROTECTION BOARD 3310 EI Camino Ave., Rm. LL40 SACRAMENTO, CA 95821 (916) 574-0609 f=AX: (916) 574-0682 PERMITS: (916) 574-0653 FAX: (916) 574-0682 March 21,2008 Madera County Grand Jury P.O. Box 534 Madera, CA 93639 Re: Grand Jury Final Report, Flood Control Dear Members of the Grand Jury: The State of California, Central Valley Flood Protection Board (Board), successor to the Reclamation Board, has received the Madera County Grand Jury report entitled, "2007-2008 MADERA COUNTY GRAI\ID JURY FINAL REPORT, MAINTENANCE OF THE FLOOD CONTROL WATERWAYS AS AGREED TO IN 1977." The transmittal letter sent with the report requests a response from the Board "in accordance with California Penal Code Section 933.05(a) and (b)," and characterizes the Reclamation Board as one of the agencies from whom a response is due. The Central Valley Flood Protection Board respectfully disagrees that it is required to respond pursuant to Penal Code Section 933 or 933.05. Section 933 (a) provides that the grand jury shall submit a final report of its findings and recommendations "that pertain to county government matters." The final report may be submitted for comment to responsible officers, agencies, or departments, including the County Board of Supervisors, which in context means, the officers, agencies, or departments of the county. Section 933(c) provides that no later than 90 days after the grand jury submits a final report "on the operations of any public agency subject to its reviewing authority [emphasis added]," the governing body of the public agency shall comment on the findings and recommendations pertaining to matters under its control. The State of California, including the Central Valley Flood Protection Board, is not subject to the reviewing authority of the Madera County Grand Jury. (See 76 Ops.CaI.Atty.Gen.70 (1993) [grand jury is given oversight powers with respect to county, city, and district affairs, but State agencies are outside the scope of Penal Code sections 925, 928, and 933]). Since the Board is not subject to the reviewing authority of the Madera County Grand Jury, it is not required to respond to the findings and recommendations of the report. Nonetheless, in a spirit of cooperation, the Central Valley Flood Protection Board offers the following responses to those findings and recommendations which pertain to the Board: Findinq: On April 7,1970, an agreement was reached between the Madera County Flood Control and Water Conservation (Agency) and the Reclamation Board to clear the waterways and return the water flow capacity to the 1959 standards (the Chowchilla River Project (CRP). This project was assigned to the U. S. Army Corps of Engineers (Corps). • 44 Madera County Grand Jury March 21, 2008 Response: The Board agrees with the recommendation that the Agency review existing agreements with the Reclamation Board, now the Central Valley Flood Protection Board, and take immediate action to comply with provisions of said agreements. If you have any questions, please contact Dan Fua, Supervising Engineer, at (916) 574-0698. Sincerely, Hf- Benjamin F. Carter President 45 ., '. "'. < ! ­ '. THIS AGREEMENT, made and entered into by and bet~een THE RECLAMATION BOARD of the State of California (hereinafter referred to as the "Board") and the MADERA COUNTY FLOOD CONTROL AND WATER CON­ SERVATION AGENCY (hereinafter referred to as the "Agency"), on the ~ day of April 197__0__, in view of the following cir­ cumstances: WHEREAS, the Congress of the United States, by Public Law 87­ 874 approved October 23, 1962, authorized the Buchanan Reservoir, Chowchilla River, California, substantially in accordance with the
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F3: (a) The Agency shall maintain and operate the local project· or any unit thereof .upon completion of the project substantially in accordance with the plans and specifications therefor and the accept­ ~ce by the Board and the Agency of the local project . .. (b) Said operation and maintenance shall be in full and complete compliance with the regulations prescribed by the Secretary of the Army, including but not limited to those prescribed in the Code of Federal Regulations and the Corps of Engineers Standard Opera­ tion and Maintenance Manual; copies and amendments thereto shall be lodged with the Clerk fer the County of Madera by the Board.
F4: The Agency shall operate and maintain the channel of the Chowchilla River from Buchanan Dam to the local project in such ,~anner as to provide in said c~:...:l=--t,,-,h:..::.e::..--=-c-=-a-<;.p.:::a-=c-=i:.:t~y--..:t::..:h.=.:e::.:r=-e=-o=f~p-=r.:.e:..:v.:.a:..:i::l:.:~:.:·n:.:.g~ t' in 1959. In the event the present capacity of the ChOY7chilla River channel from Buchanan Dam downstream to the local project is less than that prevailing in 1959, the Agency shall restore the capacity to that prevailing in 1959.
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F5: Upon completion the Agency shall hold and save the United States, the State of California, and the Reclamation Board of the State of California, their successors or assigns, free and harmless from: -3­ 49 (a) Any and all claims arising out of or in connection with the aforesaid obligations assumed and agreed upon by the Agency with regard to the local project. (b) From damage due to the construction works as ShOvffi on the plans for the local project and as actually constructed and due to the operation and maintenance of s~id works and the local project from and after the awarding ·of any contract by the Corps of Engineers for construction pursuant to the plans or any portion of said plan. (c) The Agency shall defend the State of California and the Board in all proceedings upon claims for such damage on the written request of the Board. IN WITNESS WHEREOF, the parties hereto have executed this Agree~ ment on the date first hereinabove mentioned. THE RECLAMATION BOARD OF THE STbTE OF CALIFORNIA By ALFRED A. SOUZA Vice Pres. By RONALD R. HARRINGTON Sect'y MADERA COUNTY FLOOD CONTROL AND WATER CONSERVATION AGENCY By HAROLD BAIMAT -....",:::;-::~:::;:::::--~-------­ Chairman Board of Directors ATTEST: EVELYN C. BRANSTETTER (SEAL) ief±A~ Clerk, Board of Dlrectors By VARnA PEZALIA Deputy Clerk -4­ 50 4 1 .... ~~ .... I.' "l:'\ ~)1"7"'-') L.l.:# .1·.1.. _. J.J,... "'.1. • 7 !I.~~~"["lC~.r to CJ::,ocl.,te r.nid contract. Tl.r­ foregoing lteDohltion Has adopted this 7th day of 9 ~ril __' 1970. by the follC!:Jing vote: 10 Director Sc1unit3 voted: l.'ES 11 Director n~lF~t vot~d: 12 Director Del BinncD voted: YES 13 Director tlcui:cld voted: YES 14 nirector Corm:cll voted: YES 15 16 H.l\nOLD EiAu.mT 17 Cl~~iJ.,.:.J.n eo~rd of Directors 18 ATTEST: 19 20 21 PEZALL.~ 22 uepu ty CierI, 23 The foregoing instrument 1a a correct 24 copy of tho original on office. file in this 25 1\ttel3t'-­ A=p:.r.:::1~1c....:::9.L. -:1970 . EVEL1!N C. BRANSTETTER 26 County Clerk.end Clerlt of tile Board 27 of n1rectoro, Madera County Flood Control nnd Water Consorvation Agency 28 in and for the· Cou...ty· of Hadara. State 29 30 31 32 VArlDA of Cal _ ::: 11.'\ 51 EXTRACT Fi<OH ;'lI'H.iTZS OF tt.EETING OF THE RECUJ·1ATION BOARD j.;"y 8, 1970 b. Assur~nca Agreement with Madera County Flo0d Cnntrul and Water Conservation Agency on the 13uc1.2n2ln Reservoir Project on the Chowchilla River. Upon motion by Mr. Harrington, seconded by Mr. Hamatani, and carried unanimously, the Assurance Agreement was approved and accepted, and the Vice President and Secretary were a~thorized to execute the same on behalf of the Board. STATE OF CALIFORNIA COUNTY OF SACRAPlliNTO 5S. Office of The Reclamation Board I, JOHN V. PAYNE, Assistant Secretary of The Reclamation Board, do hereby certify that the above is a true and correct extract from the Minutes of the meeting of said Board held on May 8, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of The Reclamation Board this 11th day of May , 1970. (SEAL) Asslstant Secretary The Reclamation Board SRB 016 /JOHi:l V.PAE 52 5 10 15 20 ----------- 25 30 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 2fl 29 31 32 HADE1~ comny CONTRACT NO. ~- .... ­ THIS AGREEMENT made by and between the }UillERA COUNTY FLOOD CONTROL AND WATER CONSERVATION AGENCY, hereinafter called "AGENCY", and the CHOWCHILLA WATER DISTRICT) hereinafter called I'DISTRICT", as follows: WITNESSETH W}lliREAS, prior hereto AGENCY on the-7th day of April, 1970, entered into an agreement with the Reclamation Board of the State of California, relative to flood control on the Chowchilla River and its distributaries, Ash and Berenda Sloughs, and WHEREAS, at the time of execution of said agreement the bifurcation structure hereinafter described was not a part of the project to be constructed by the United States Corps of Engineers, and \~~REAS, the Chowchilla Water District owns a structure at the point of bifurcation of Ash Slough and Berenda Slough, which said structure is used by District to regulate the flows, other than flood flows, passing down Ash Slough and Berenda Slough, and ifHEREAS, the Corps of Engineers determined that the structure did not meet the flood control criteria proposed for the Chowchilla River System, and determined to construct a new bifurcation structure to replace the one owned by the District, and WlffiREAS, after construction of said structure by the Corps of Engineers, title thereto will be transferred to the Reclarna­ tion Board of the State of California, and upon approval of said structure by AGENCY pursuant to said agreement dated the 7th day of April, 1970, title to said structure will be transrer­ red from the Reclamation Board to AGENCY, and \fHEREAS, it is the desire of the parties that title to said structure shall be transferred from AGENCY to DISTRICT pursuant to the terms of this agreement, and -~­ -------- ---_._------------­ 53 5 10 15 20 25 30 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 29 31 32 WHEREAS, it is the rout~a1 desire of the parties to provide for certain services by DISTRICT to AGENCY in connection with flood control on the Chowchilla River System, and to provide for maintenance, repair and reconstruction of the new bifurcation structure. NOW, TI~REFORE, in consideration of the terms, covenants and agreements ·hereinafter set forth, IT IS AGREED by and between the parties hereto as follows: 1) Title to Bifurcation Structure: At such time as AGENCY has approved and accepted title to the bifurcation structure from the Reclamation Board, AGENCY agrees to immediately transfer title thereto to DISTRICT. At such time as hGENCY has approved and accepted the new bifurcation structure constructed by the Corps of Engineers, title thereto shall i~~ediately pass from AGENCY to DISTRICT and this document shall constitute a grant: of such title. 2) Operation of Bifurcation Structure: DISTRICT hereby agrees to operate the bifurcation structure for irrigation purposes in such manner as Shall be determined by DISTRICT and to operate the bifurcation structure for flood control purposes in accordance with the Corps of Engineers' operation and maintenance manual. The cost of operation for both irrigation and flood control purposes insofar as the furnishing of labor is concerned shall be borne solely by the District. 3) Maintenance, Repair and Replacement: DISTRICT shall perform the necessary work for maintenance, repair and replacement of such structure, but the cost thereof shall be borne by AGENCY, except as to any maintenance, repair or replacement caused by the misoperation, negligence or neglect of DISTRICT. DISTRICT shall not perform any unreasonable maintenance or repair work and before any replacement of the -2­ 54 5 10 15 20 25 30 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 26 29 31 32 entire structure, if such replacement is required by DISTRICT, shall submit plans and specifications to AGENCY for its approval thereof, which said approval shall not be unreasonably withheld. Upon performance by DISTRICT of repair or replacement work, it shall bill AGENCY therefor, which said bill shall be promptly paid by AGENCY, pr~vided that the work was reasonably and necessarily required for the maintenance, repair or recon­ struction of said structure. 4) Patrolling During Floods: Within the boundaries of DISTRICT, DISTRICT agrees that it will provide, at its cost and expense, a reasonable number of persons to patrol the Chowchilla River System for the purpose of ascertaining breal~s in levees or dikes, and furthe agrees that to the extent it has equipment and personnel availabl to make emergency small repairs to strengthen or repair flood control banks or dikes. All of the foregoing to be performed at DISTRICT's cost and expense. DISTRICT further agrees to notify AGENCY of any breaks or ~leaknesses which the DISTRICT does not have facilities to repair, and to cooperate with AGENCY on emergency replacement or repair thereof. Nothing herein contained shall require DISTRICT to assist AGENCY in long term maintenance, repair or replacement of any portion of the Chowchilla River Flood Control System, but the obligations of DISTRICT herein set forth shall app+y only to emergency situations during flood periods. Except as herein modified by emergency repairs, AGENCY's obligations under the agreement with the Reclamation Board dated the 7th day of April, 1970, shall remain in full force and effect. 5) Hold Harmless: It is agreed between the parties hereto that DISTRICT shall hold AGENCY harmless from any claims, obligations, or damages which are the sole, direc t and proximate result of -3­ 55 5 10 15 20 25 30 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 29 31 32 DISTRICT's failure to operate the bifurcation structure in accordance with the operation manual therefor established by the Corps of Engineers. DISTRICT, however, shall not hold AGENCY harmleps for failure to perform any other provision of this agreement expressly, but not limited to DISTRICT1s failure or inability to perform emergency repairs in dikes or levees. 6) General Provisions: This agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. In the event that either party to this agreement commences or maintains or defends any action for a breach of this agreement or to enforce the terms hereof, the prevailing party in such action shall be entitled to reasonable attorney's fees and costs as determined by the Court therein. IN HITNESS WF£REOF the parties here to have hereunto 'I 1 set their hands this {,. d.. day of !-U" Or':;, {I,....[ \ , 197-=;2.. CHOWCHILLA WATER DISTRICT nY_77~-r-_~ _ --r---<-"'-9.L­ "DISTRICT" i'1ADEr~ cb~l< /FLOO~ CONTROL AND WATER ~6}'J~¥A~;rq!,!--AGENCY '-I II; I" j/j.' , / 'j j rl '., By " j/.I j 'f," ChC?;nroan <..,/ Board of"..D1.i:ectors 1:./ ' . I.>' "AGENCY" ATTEST: -4 ­ 56 ,-----,~------_.__.­ :..r J.\"lt: (\l.- ~,'\Lii':l)(n'JI!\ TH[-.: Hr.::)l::l. ir~~ l~'_; :",i .~:~: !t. "', I ARNOLD SCHWAI<ZC:~lEGGEr~, (:;OIJER,'JOr:: _-'-.~ .,._ .,...,..,------;::;c ~_-., _~_•. _~.~.. ~ .:.--==-...;-..,.. ....~- ,_';":'._-=-_. ~""'=.-~ l"H'E REC LA~'1ATToi~n30ARD :n'lIiEIC:~lll1il)(J,-\,-!C" nil)' LLMJ ;;i\CR,I.ivll::f·ITO. C.". ,]:;1,);' I {q·16j~,7~1··0(;(I[i ~/·X: {~')'J6) :Jf"4·0dSi F;'t:r=<i',IITS: (~) 1\:;j 5'i·~"OtlS3· i:A\. (D1<';) :;{,~"Oliti, Date: Ap ril 4. 2007 To: Federal Flood Control Project Maintaining Agencies Subject Compliance with U,S. Army Corps of Engineers Flood Control Project Maintenance Policy Guidance On September 26, 2006, the U.S. Army Corps of Engineers (Corps) released a policy guidance memorandum stating that any project component which had been fO!Jnd to have one or more maintenance deficiencies rated by the Corps as "unacceptable" would no longer be eligible for Public Law 84-99 rehabilitation assistance. The memo also indicated that such a finding may Ie ad to a determination by FEMA that the project no longer provides base (1-percent-annual­ chance) flood protection. The Corps' Sacramento District notified the Reclamation Board and DWR that it had created a list of 36 State of California sponsored projects, each with at least one maintenance deficiency . reSUlting in an "unacceptable" rating. A public workshop was held in Sacramento on December 20. 2006 to discuss this information with all Local Maintaining Agencies (LMAs) and other ',terested parties. Since then, the Corps and DWR have performed verification inspections for --"'0 of the LMAs with the least serious deficiencies and determined that 8 districts should be moved from the list. Please refer to the attached letter from the Corps to determine rf your district is on the list. More reGent Corps policy gUidance (attached) states that each LMA rated as "unacceptable" du e to poor maintenance, will remain active and retain rehabilitation assistance for one year from the date ofthe Corps' notification letter if a correction plan is s\..lbmitted within three months. If your district has been rated "unacceptable'l due to PQor maintenance, then your district is identified on the attached Corps list, and you must submit a com:ctio.n plan to the Reclamation Board by May 15, 2007 in accordance with the guideUriesbel6w:
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F6: General Provisions: This agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. In the event that either party to this agreement commences or maintains or defends any action for a breach of this agreement or to enforce the terms hereof, the prevailing party in such action shall be entitled to reasonable attorney's fees and costs as determined by the Court therein. IN HITNESS WF£REOF the parties here to have hereunto 'I 1 set their hands this {,. d.. day of !-U" Or':;, {I,....[ \ , 197-=;2.. CHOWCHILLA WATER DISTRICT nY_77~-r-_~ _ --r---<-"'-9.L­ "DISTRICT" i'1ADEr~ cb~l< /FLOO~ CONTROL AND WATER ~6}'J~¥A~;rq!,!--AGENCY '-I II; I" j/j.' , / 'j j rl '., By " j/.I j 'f," ChC?;nroan <..,/ Board of"..D1.i:ectors 1:./ ' . I.>' "AGENCY" ATTEST: -4 ­ 56 ,-----,~------_.__.­ :..r J.\"lt: (\l.- ~,'\Lii':l)(n'JI!\ TH[-.: Hr.::)l::l. ir~~ l~'_; :",i .~:~: !t. "', I ARNOLD SCHWAI<ZC:~lEGGEr~, (:;OIJER,'JOr:: _-'-.~ .,._ .,...,..,------;::;c ~_-., _~_•. _~.~.. ~ .:.--==-...;-..,.. ....~- ,_';":'._-=-_. ~""'=.-~ l"H'E REC LA~'1ATToi~n30ARD :n'lIiEIC:~lll1il)(J,-\,-!C" nil)' LLMJ ;;i\CR,I.ivll::f·ITO. C.". ,]:;1,);' I {q·16j~,7~1··0(;(I[i ~/·X: {~')'J6) :Jf"4·0dSi F;'t:r=<i',IITS: (~) 1\:;j 5'i·~"OtlS3· i:A\. (D1<';) :;{,~"Oliti, Date: Ap ril 4. 2007 To: Federal Flood Control Project Maintaining Agencies Subject Compliance with U,S. Army Corps of Engineers Flood Control Project Maintenance Policy Guidance On September 26, 2006, the U.S. Army Corps of Engineers (Corps) released a policy guidance memorandum stating that any project component which had been fO!Jnd to have one or more maintenance deficiencies rated by the Corps as "unacceptable" would no longer be eligible for Public Law 84-99 rehabilitation assistance. The memo also indicated that such a finding may Ie ad to a determination by FEMA that the project no longer provides base (1-percent-annual­ chance) flood protection. The Corps' Sacramento District notified the Reclamation Board and DWR that it had created a list of 36 State of California sponsored projects, each with at least one maintenance deficiency . reSUlting in an "unacceptable" rating. A public workshop was held in Sacramento on December 20. 2006 to discuss this information with all Local Maintaining Agencies (LMAs) and other ',terested parties. Since then, the Corps and DWR have performed verification inspections for --"'0 of the LMAs with the least serious deficiencies and determined that 8 districts should be moved from the list. Please refer to the attached letter from the Corps to determine rf your district is on the list. More reGent Corps policy gUidance (attached) states that each LMA rated as "unacceptable" du e to poor maintenance, will remain active and retain rehabilitation assistance for one year from the date ofthe Corps' notification letter if a correction plan is s\..lbmitted within three months. If your district has been rated "unacceptable'l due to PQor maintenance, then your district is identified on the attached Corps list, and you must submit a com:ctio.n plan to the Reclamation Board by May 15, 2007 in accordance with the guideUriesbel6w: 1. Each correction plan must includE}: a. A schedUle·for correcting the noted def)Giencie$ within t1T§;()~ year period, b. A sUITlmari0ftrre il1tf?rirn actiofls, which include an evacuation plan that will be jmpr~m'ehtedloredLJQe the f10pdrlsk created bytheMfiGi~nde$, c. An outreach plpH to notIfy the public ofthe defioiencies anolplanned correction process. 2. IftheQ9rr§~lj\Onl')lanis;~.lDproved!;)yth:e<0orps District·Comrnange'L the project shall "'-" milihtain91l ;'actlve'i status in the RfilhaoHitatipn ~nd Inspection Pr0,gram during the one year period. . 57 := eil:rC1 I 1=100(/ COiltml Prokcl rvl2,intcl ill illg /\\)8ncies API'i!4, :2007 Pag8 :2 3, If the correction plan is not received within the three month period, the Distrirt Commander determines the work cannot reasonably be completed within on(~ year, or (jl c1i,y till jd th8 plan is not fuily implemented as approved, the project status ,viii be declared "inactive" and imrnediatelybecome ineligible forPL 84-99 rehabilitation assistance, After correction of all deficiencies, your offiCe should contact DWR to request a joint inspection of the project for re-evaluation of your rating. Iftheproject IS found to be "acceptable" or "mi nimally acceptable" after re-inspection, the project will retain its "active" status. In the event that the project enters into "inactive" status, all deficiencies wBl neE;ld to be corrected and the project rnust receive at least a "minimally acce.ptable" inspeCtion rating before the projects' status can be changed to "active". Correcting the maintehance deficiencies within the one year period does not imply that the levee meet§ceftifIcation requirements for FEMA's National Flood Insurance Program or meets eligibUityforFEMA's Provi$ionally Accredited Levee ProgratTl. LMAs are encouraged to contintrl3 lb partner with FEMA throughout the notification process, Corps emergency flood fighting assistance will continue to be available to all UvlAs regardless of eligibility status, The Corps of Engineers' Sacramenio District vJllI continue conducting inspections 10 verify the '!uality of maintenance being performed by LMAs throughout the system. Those found by the __ -00rpS to have deficient maintenance will be included on subsequent maintenance deficiency lists, Correspondence from Corps Headquarters indicates tharthe one-year grace period will not be available and that loss of PL 84-99 rehabilitation coverage will oCCur immediately with the release of each future Ilst. Each LMA has been giveh a copy of its Corps Inspection report identifying its deficiencies. If your LMA is on the list and you do not have this information, please contact Mr. Robert Trang at (816)574-0314 or rtrang@watE;lr.ca.govi01rnecliately. To allow for processing time, please submit complete correction plans fOr your projecfcomponentby May 15, 2007 to the Reclamation Board at the following address: . THE RECLAMATIGNBQARD 3310 El Camino Ave., rK'm. LL40 SACRAMENTO, CA 95821 If you have any questions regClrdiQ9 this. matter, please conta.ct Jim Eckman at jeckman@water.ca.gov or (916) 574:-202'0, Sincerely, (t:~ ) -t--0­ vS,Punia ~ ...., ttachments r 58 2037 W. Cleveland Avenue r·ladera, CA 93637-8720 RESOURCE MANAGEMENT AGENCY (559) 661-6333 FAX (559) 675-7639 DEPARTMENT OF ENGINEERING Greg.farley@madera-county.com AND GENERAL SERVICES S. Greg Farley PE, CounlyEngineer DATE: July 11, 2007 TO: Board of Supervisors THROUGH: S. Greg Farley PE, County Engine~4 -rv~ FROM: Kevin S. Ham PE, Assistant County Enginee~vt.J ~ 1<11­ SUBJECT Status Report Regarding Madera County Compliance with US Army Corps of Engineers Flood Control Project Maintenance Policy Guidance.
Additional Recommendations 9

Not linked to specific findings.

R1: WHAT ARE THE RESPONSlBILITIES OF MADERA COUNTY FLOOD CONTROL AND WATER CONSERVATION AGENCY ("Agency"), COUNTY OF MADERA ("County") OR CHOWCIDLLA WATER DISTRlCT ("District"), RESPECTIVELY, REGARDING ASH SLOUGH AND BERENDA SLOUGH PURSUANT TO AGREEMENTS TO WHICH AGENCY, COUNTY OR DISTRICT IS A PARTY?
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R2: WHAT, IF ANY, NEW ARRANGEMENTS OR AGREEMENT WOULD THE AGENCY, COUNTY AND DISTRICT BE WILLING TO UNDERTAKE? CONCLUSIONS:
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R3: (a) The Agency shall maintain and operate the local project· or any unit thereof .upon completion of the project substantially in accordance with the plans and specifications therefor and the accept­ ~ce by the Board and the Agency of the local project . .. (b) Said operation and maintenance shall be in full and complete compliance with the regulations prescribed by the Secretary of the Army, including but not limited to those prescribed in the Code of Federal Regulations and the Corps of Engineers Standard Opera­ tion and Maintenance Manual; copies and amendments thereto shall be lodged with the Clerk fer the County of Madera by the Board.
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R4: The Agency shall operate and maintain the channel of the Chowchilla River from Buchanan Dam to the local project in such ,~anner as to provide in said c~:...:l=--t,,-,h:..::.e::..--=-c-=-a-<;.p.:::a-=c-=i:.:t~y--..:t::..:h.=.:e::.:r=-e=-o=f~p-=r.:.e:..:v.:.a:..:i::l:.:~:.:·n:.:.g~ t' in 1959. In the event the present capacity of the ChOY7chilla River channel from Buchanan Dam downstream to the local project is less than that prevailing in 1959, the Agency shall restore the capacity to that prevailing in 1959.
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R5: Upon completion the Agency shall hold and save the United States, the State of California, and the Reclamation Board of the State of California, their successors or assigns, free and harmless from: -3­ 49 (a) Any and all claims arising out of or in connection with the aforesaid obligations assumed and agreed upon by the Agency with regard to the local project. (b) From damage due to the construction works as ShOvffi on the plans for the local project and as actually constructed and due to the operation and maintenance of s~id works and the local project from and after the awarding ·of any contract by the Corps of Engineers for construction pursuant to the plans or any portion of said plan. (c) The Agency shall defend the State of California and the Board in all proceedings upon claims for such damage on the written request of the Board. IN WITNESS WHEREOF, the parties hereto have executed this Agree~ ment on the date first hereinabove mentioned. THE RECLAMATION BOARD OF THE STbTE OF CALIFORNIA By ALFRED A. SOUZA Vice Pres. By RONALD R. HARRINGTON Sect'y MADERA COUNTY FLOOD CONTROL AND WATER CONSERVATION AGENCY By HAROLD BAIMAT -....",:::;-::~:::;:::::--~-------­ Chairman Board of Directors ATTEST: EVELYN C. BRANSTETTER (SEAL) ief±A~ Clerk, Board of Dlrectors By VARnA PEZALIA Deputy Clerk -4­ 50 4 1 .... ~~ .... I.' "l:'\ ~)1"7"'-') L.l.:# .1·.1.. _. J.J,... "'.1. • 7 !I.~~~"["lC~.r to CJ::,ocl.,te r.nid contract. Tl.r­ foregoing lteDohltion Has adopted this 7th day of 9 ~ril __' 1970. by the follC!:Jing vote: 10 Director Sc1unit3 voted: l.'ES 11 Director n~lF~t vot~d: 12 Director Del BinncD voted: YES 13 Director tlcui:cld voted: YES 14 nirector Corm:cll voted: YES 15 16 H.l\nOLD EiAu.mT 17 Cl~~iJ.,.:.J.n eo~rd of Directors 18 ATTEST: 19 20 21 PEZALL.~ 22 uepu ty CierI, 23 The foregoing instrument 1a a correct 24 copy of tho original on office. file in this 25 1\ttel3t'-­ A=p:.r.:::1~1c....:::9.L. -:1970 . EVEL1!N C. BRANSTETTER 26 County Clerk.end Clerlt of tile Board 27 of n1rectoro, Madera County Flood Control nnd Water Consorvation Agency 28 in and for the· Cou...ty· of Hadara. State 29 30 31 32 VArlDA of Cal _ ::: 11.'\ 51 EXTRACT Fi<OH ;'lI'H.iTZS OF tt.EETING OF THE RECUJ·1ATION BOARD j.;"y 8, 1970 b. Assur~nca Agreement with Madera County Flo0d Cnntrul and Water Conservation Agency on the 13uc1.2n2ln Reservoir Project on the Chowchilla River. Upon motion by Mr. Harrington, seconded by Mr. Hamatani, and carried unanimously, the Assurance Agreement was approved and accepted, and the Vice President and Secretary were a~thorized to execute the same on behalf of the Board. STATE OF CALIFORNIA COUNTY OF SACRAPlliNTO 5S. Office of The Reclamation Board I, JOHN V. PAYNE, Assistant Secretary of The Reclamation Board, do hereby certify that the above is a true and correct extract from the Minutes of the meeting of said Board held on May 8, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of The Reclamation Board this 11th day of May , 1970. (SEAL) Asslstant Secretary The Reclamation Board SRB 016 /JOHi:l V.PAE 52 5 10 15 20 ----------- 25 30 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 2fl 29 31 32 HADE1~ comny CONTRACT NO. ~- .... ­ THIS AGREEMENT made by and between the }UillERA COUNTY FLOOD CONTROL AND WATER CONSERVATION AGENCY, hereinafter called "AGENCY", and the CHOWCHILLA WATER DISTRICT) hereinafter called I'DISTRICT", as follows: WITNESSETH W}lliREAS, prior hereto AGENCY on the-7th day of April, 1970, entered into an agreement with the Reclamation Board of the State of California, relative to flood control on the Chowchilla River and its distributaries, Ash and Berenda Sloughs, and WHEREAS, at the time of execution of said agreement the bifurcation structure hereinafter described was not a part of the project to be constructed by the United States Corps of Engineers, and \~~REAS, the Chowchilla Water District owns a structure at the point of bifurcation of Ash Slough and Berenda Slough, which said structure is used by District to regulate the flows, other than flood flows, passing down Ash Slough and Berenda Slough, and ifHEREAS, the Corps of Engineers determined that the structure did not meet the flood control criteria proposed for the Chowchilla River System, and determined to construct a new bifurcation structure to replace the one owned by the District, and WlffiREAS, after construction of said structure by the Corps of Engineers, title thereto will be transferred to the Reclarna­ tion Board of the State of California, and upon approval of said structure by AGENCY pursuant to said agreement dated the 7th day of April, 1970, title to said structure will be transrer­ red from the Reclamation Board to AGENCY, and \fHEREAS, it is the desire of the parties that title to said structure shall be transferred from AGENCY to DISTRICT pursuant to the terms of this agreement, and -~­ -------- ---_._------------­ 53 5 10 15 20 25 30 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 29 31 32 WHEREAS, it is the rout~a1 desire of the parties to provide for certain services by DISTRICT to AGENCY in connection with flood control on the Chowchilla River System, and to provide for maintenance, repair and reconstruction of the new bifurcation structure. NOW, TI~REFORE, in consideration of the terms, covenants and agreements ·hereinafter set forth, IT IS AGREED by and between the parties hereto as follows: 1) Title to Bifurcation Structure: At such time as AGENCY has approved and accepted title to the bifurcation structure from the Reclamation Board, AGENCY agrees to immediately transfer title thereto to DISTRICT. At such time as hGENCY has approved and accepted the new bifurcation structure constructed by the Corps of Engineers, title thereto shall i~~ediately pass from AGENCY to DISTRICT and this document shall constitute a grant: of such title. 2) Operation of Bifurcation Structure: DISTRICT hereby agrees to operate the bifurcation structure for irrigation purposes in such manner as Shall be determined by DISTRICT and to operate the bifurcation structure for flood control purposes in accordance with the Corps of Engineers' operation and maintenance manual. The cost of operation for both irrigation and flood control purposes insofar as the furnishing of labor is concerned shall be borne solely by the District. 3) Maintenance, Repair and Replacement: DISTRICT shall perform the necessary work for maintenance, repair and replacement of such structure, but the cost thereof shall be borne by AGENCY, except as to any maintenance, repair or replacement caused by the misoperation, negligence or neglect of DISTRICT. DISTRICT shall not perform any unreasonable maintenance or repair work and before any replacement of the -2­ 54 5 10 15 20 25 30 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 26 29 31 32 entire structure, if such replacement is required by DISTRICT, shall submit plans and specifications to AGENCY for its approval thereof, which said approval shall not be unreasonably withheld. Upon performance by DISTRICT of repair or replacement work, it shall bill AGENCY therefor, which said bill shall be promptly paid by AGENCY, pr~vided that the work was reasonably and necessarily required for the maintenance, repair or recon­ struction of said structure. 4) Patrolling During Floods: Within the boundaries of DISTRICT, DISTRICT agrees that it will provide, at its cost and expense, a reasonable number of persons to patrol the Chowchilla River System for the purpose of ascertaining breal~s in levees or dikes, and furthe agrees that to the extent it has equipment and personnel availabl to make emergency small repairs to strengthen or repair flood control banks or dikes. All of the foregoing to be performed at DISTRICT's cost and expense. DISTRICT further agrees to notify AGENCY of any breaks or ~leaknesses which the DISTRICT does not have facilities to repair, and to cooperate with AGENCY on emergency replacement or repair thereof. Nothing herein contained shall require DISTRICT to assist AGENCY in long term maintenance, repair or replacement of any portion of the Chowchilla River Flood Control System, but the obligations of DISTRICT herein set forth shall app+y only to emergency situations during flood periods. Except as herein modified by emergency repairs, AGENCY's obligations under the agreement with the Reclamation Board dated the 7th day of April, 1970, shall remain in full force and effect. 5) Hold Harmless: It is agreed between the parties hereto that DISTRICT shall hold AGENCY harmless from any claims, obligations, or damages which are the sole, direc t and proximate result of -3­ 55 5 10 15 20 25 30 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 29 31 32 DISTRICT's failure to operate the bifurcation structure in accordance with the operation manual therefor established by the Corps of Engineers. DISTRICT, however, shall not hold AGENCY harmleps for failure to perform any other provision of this agreement expressly, but not limited to DISTRICT1s failure or inability to perform emergency repairs in dikes or levees. 6) General Provisions: This agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. In the event that either party to this agreement commences or maintains or defends any action for a breach of this agreement or to enforce the terms hereof, the prevailing party in such action shall be entitled to reasonable attorney's fees and costs as determined by the Court therein. IN HITNESS WF£REOF the parties here to have hereunto 'I 1 set their hands this {,. d.. day of !-U" Or':;, {I,....[ \ , 197-=;2.. CHOWCHILLA WATER DISTRICT nY_77~-r-_~ _ --r---<-"'-9.L­ "DISTRICT" i'1ADEr~ cb~l< /FLOO~ CONTROL AND WATER ~6}'J~¥A~;rq!,!--AGENCY '-I II; I" j/j.' , / 'j j rl '., By " j/.I j 'f," ChC?;nroan <..,/ Board of"..D1.i:ectors 1:./ ' . I.>' "AGENCY" ATTEST: -4 ­ 56 ,-----,~------_.__.­ :..r J.\"lt: (\l.- ~,'\Lii':l)(n'JI!\ TH[-.: Hr.::)l::l. ir~~ l~'_; :",i .~:~: !t. "', I ARNOLD SCHWAI<ZC:~lEGGEr~, (:;OIJER,'JOr:: _-'-.~ .,._ .,...,..,------;::;c ~_-., _~_•. _~.~.. ~ .:.--==-...;-..,.. ....~- ,_';":'._-=-_. ~""'=.-~ l"H'E REC LA~'1ATToi~n30ARD :n'lIiEIC:~lll1il)(J,-\,-!C" nil)' LLMJ ;;i\CR,I.ivll::f·ITO. C.". ,]:;1,);' I {q·16j~,7~1··0(;(I[i ~/·X: {~')'J6) :Jf"4·0dSi F;'t:r=<i',IITS: (~) 1\:;j 5'i·~"OtlS3· i:A\. (D1<';) :;{,~"Oliti, Date: Ap ril 4. 2007 To: Federal Flood Control Project Maintaining Agencies Subject Compliance with U,S. Army Corps of Engineers Flood Control Project Maintenance Policy Guidance On September 26, 2006, the U.S. Army Corps of Engineers (Corps) released a policy guidance memorandum stating that any project component which had been fO!Jnd to have one or more maintenance deficiencies rated by the Corps as "unacceptable" would no longer be eligible for Public Law 84-99 rehabilitation assistance. The memo also indicated that such a finding may Ie ad to a determination by FEMA that the project no longer provides base (1-percent-annual­ chance) flood protection. The Corps' Sacramento District notified the Reclamation Board and DWR that it had created a list of 36 State of California sponsored projects, each with at least one maintenance deficiency . reSUlting in an "unacceptable" rating. A public workshop was held in Sacramento on December
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R6: General Provisions: This agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. In the event that either party to this agreement commences or maintains or defends any action for a breach of this agreement or to enforce the terms hereof, the prevailing party in such action shall be entitled to reasonable attorney's fees and costs as determined by the Court therein. IN HITNESS WF£REOF the parties here to have hereunto 'I 1 set their hands this {,. d.. day of !-U" Or':;, {I,....[ \ , 197-=;2.. CHOWCHILLA WATER DISTRICT nY_77~-r-_~ _ --r---<-"'-9.L­ "DISTRICT" i'1ADEr~ cb~l< /FLOO~ CONTROL AND WATER ~6}'J~¥A~;rq!,!--AGENCY '-I II; I" j/j.' , / 'j j rl '., By " j/.I j 'f," ChC?;nroan <..,/ Board of"..D1.i:ectors 1:./ ' . I.>' "AGENCY" ATTEST: -4 ­ 56 ,-----,~------_.__.­ :..r J.\"lt: (\l.- ~,'\Lii':l)(n'JI!\ TH[-.: Hr.::)l::l. ir~~ l~'_; :",i .~:~: !t. "', I ARNOLD SCHWAI<ZC:~lEGGEr~, (:;OIJER,'JOr:: _-'-.~ .,._ .,...,..,------;::;c ~_-., _~_•. _~.~.. ~ .:.--==-...;-..,.. ....~- ,_';":'._-=-_. ~""'=.-~ l"H'E REC LA~'1ATToi~n30ARD :n'lIiEIC:~lll1il)(J,-\,-!C" nil)' LLMJ ;;i\CR,I.ivll::f·ITO. C.". ,]:;1,);' I {q·16j~,7~1··0(;(I[i ~/·X: {~')'J6) :Jf"4·0dSi F;'t:r=<i',IITS: (~) 1\:;j 5'i·~"OtlS3· i:A\. (D1<';) :;{,~"Oliti, Date: Ap ril 4. 2007 To: Federal Flood Control Project Maintaining Agencies Subject Compliance with U,S. Army Corps of Engineers Flood Control Project Maintenance Policy Guidance On September 26, 2006, the U.S. Army Corps of Engineers (Corps) released a policy guidance memorandum stating that any project component which had been fO!Jnd to have one or more maintenance deficiencies rated by the Corps as "unacceptable" would no longer be eligible for Public Law 84-99 rehabilitation assistance. The memo also indicated that such a finding may Ie ad to a determination by FEMA that the project no longer provides base (1-percent-annual­ chance) flood protection. The Corps' Sacramento District notified the Reclamation Board and DWR that it had created a list of 36 State of California sponsored projects, each with at least one maintenance deficiency . reSUlting in an "unacceptable" rating. A public workshop was held in Sacramento on December 20. 2006 to discuss this information with all Local Maintaining Agencies (LMAs) and other ',terested parties. Since then, the Corps and DWR have performed verification inspections for --"'0 of the LMAs with the least serious deficiencies and determined that 8 districts should be moved from the list. Please refer to the attached letter from the Corps to determine rf your district is on the list. More reGent Corps policy gUidance (attached) states that each LMA rated as "unacceptable" du e to poor maintenance, will remain active and retain rehabilitation assistance for one year from the date ofthe Corps' notification letter if a correction plan is s\..lbmitted within three months. If your district has been rated "unacceptable'l due to PQor maintenance, then your district is identified on the attached Corps list, and you must submit a com:ctio.n plan to the Reclamation Board by May 15, 2007 in accordance with the guideUriesbel6w: 1. Each correction plan must includE}: a. A schedUle·for correcting the noted def)Giencie$ within t1T§;()~ year period, b. A sUITlmari0ftrre il1tf?rirn actiofls, which include an evacuation plan that will be jmpr~m'ehtedloredLJQe the f10pdrlsk created bytheMfiGi~nde$, c. An outreach plpH to notIfy the public ofthe defioiencies anolplanned correction process. 2. IftheQ9rr§~lj\Onl')lanis;~.lDproved!;)yth:e<0orps District·Comrnange'L the project shall "'-" milihtain91l ;'actlve'i status in the RfilhaoHitatipn ~nd Inspection Pr0,gram during the one year period. . 57 := eil:rC1 I 1=100(/ COiltml Prokcl rvl2,intcl ill illg /\\)8ncies API'i!4, :2007 Pag8 :2 3, If the correction plan is not received within the three month period, the Distrirt Commander determines the work cannot reasonably be completed within on(~ year, or (jl c1i,y till jd th8 plan is not fuily implemented as approved, the project status ,viii be declared "inactive" and imrnediatelybecome ineligible forPL 84-99 rehabilitation assistance, After correction of all deficiencies, your offiCe should contact DWR to request a joint inspection of the project for re-evaluation of your rating. Iftheproject IS found to be "acceptable" or "mi nimally acceptable" after re-inspection, the project will retain its "active" status. In the event that the project enters into "inactive" status, all deficiencies wBl neE;ld to be corrected and the project rnust receive at least a "minimally acce.ptable" inspeCtion rating before the projects' status can be changed to "active". Correcting the maintehance deficiencies within the one year period does not imply that the levee meet§ceftifIcation requirements for FEMA's National Flood Insurance Program or meets eligibUityforFEMA's Provi$ionally Accredited Levee ProgratTl. LMAs are encouraged to contintrl3 lb partner with FEMA throughout the notification process, Corps emergency flood fighting assistance will continue to be available to all UvlAs regardless of eligibility status, The Corps of Engineers' Sacramenio District vJllI continue conducting inspections 10 verify the '!uality of maintenance being performed by LMAs throughout the system. Those found by the __ -00rpS to have deficient maintenance will be included on subsequent maintenance deficiency lists, Correspondence from Corps Headquarters indicates tharthe one-year grace period will not be available and that loss of PL 84-99 rehabilitation coverage will oCCur immediately with the release of each future Ilst. Each LMA has been giveh a copy of its Corps Inspection report identifying its deficiencies. If your LMA is on the list and you do not have this information, please contact Mr. Robert Trang at (816)574-0314 or rtrang@watE;lr.ca.govi01rnecliately. To allow for processing time, please submit complete correction plans fOr your projecfcomponentby May 15, 2007 to the Reclamation Board at the following address: . THE RECLAMATIGNBQARD 3310 El Camino Ave., rK'm. LL40 SACRAMENTO, CA 95821 If you have any questions regClrdiQ9 this. matter, please conta.ct Jim Eckman at jeckman@water.ca.gov or (916) 574:-202'0, Sincerely, (t:~ ) -t--0­ vS,Punia ~ ...., ttachments r 58 2037 W. Cleveland Avenue r·ladera, CA 93637-8720 RESOURCE MANAGEMENT AGENCY (559) 661-6333 FAX (559) 675-7639 DEPARTMENT OF ENGINEERING Greg.farley@madera-county.com AND GENERAL SERVICES S. Greg Farley PE, CounlyEngineer DATE: July 11, 2007 TO: Board of Supervisors THROUGH: S. Greg Farley PE, County Engine~4 -rv~ FROM: Kevin S. Ham PE, Assistant County Enginee~vt.J ~ 1<11­ SUBJECT Status Report Regarding Madera County Compliance with US Army Corps of Engineers Flood Control Project Maintenance Policy Guidance. RECOMMENDATION The purpose of this report is informational only. No action by your Board is required.
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R20: 2006 to discuss this information with all Local Maintaining Agencies (LMAs) and other ',terested parties. Since then, the Corps and DWR have performed verification inspections for --"'0 of the LMAs with the least serious deficiencies and determined that 8 districts should be moved from the list. Please refer to the attached letter from the Corps to determine rf your district is on the list. More reGent Corps policy gUidance (attached) states that each LMA rated as "unacceptable" du e to poor maintenance, will remain active and retain rehabilitation assistance for one year from the date ofthe Corps' notification letter if a correction plan is s\..lbmitted within three months. If your district has been rated "unacceptable'l due to PQor maintenance, then your district is identified on the attached Corps list, and you must submit a com:ctio.n plan to the Reclamation Board by May 15, 2007 in accordance with the guideUriesbel6w:
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R58: 2037 W. Cleveland Avenue r·ladera, CA 93637-8720 RESOURCE MANAGEMENT AGENCY (559) 661-6333 FAX (559) 675-7639 DEPARTMENT OF ENGINEERING Greg.farley@madera-county.com AND GENERAL SERVICES S. Greg Farley PE, CounlyEngineer DATE: July 11, 2007 TO: Board of Supervisors THROUGH: S. Greg Farley PE, County Engine~4 -rv~ FROM: Kevin S. Ham PE, Assistant County Enginee~vt.J ~ 1<11­ SUBJECT Status Report Regarding Madera County Compliance with US Army Corps of Engineers Flood Control Project Maintenance Policy Guidance. RECOMMENDATION The purpose of this report is informational only. No action by your Board is required. DISCUSSION Your Resource Management Agency, Department of Engineering and General Services staff is preparing a correction plan as a part of our response to a 1etter dated April 4, 2007, from the State of California Reclamation Board (see attached). Per their correspondence, the Chowchilla River, Ash, and Berenda Slough waterways have been found to have one or more maintenance deficiencies. These deficiencies have been rate by the US Army Corps of Engineers (Corps) as unacceptable. An unacceptable rating of this type means the facility would no longer be eligible for Public Law 84-99 rehabilitation assistance. Such a finding may lead to a determination by the Federal Emergency Management Agency (FEMA) that the Corps Project related facility no longer provides base (1-percent-annual-chance) flood protection. We must submit a correction plan to the Reclamation Board by May 15, 2007 and implement it within one year. On May 7, 2007 our Madera County Office of Emergency Services requested a gO-day extension to submit the correction plan. The Reclamation Board has acknowledged our extension request and granted it in a letter dated June 29, 2007, to the Corps. Our correction plan must be in accordance with the following guidelines: 1. Each correction plan must include: • A schedule for correcting the noted deficiencies within the one year period. • A summary of the interim actions, which include an evacuation plan that will be implemented to reduce the flood risk created by the deficiencies. • An outreach plan to notify the public of the deficiencies and planned correction process. 2. If the correction plan is approved by the Corps' District Commander, the Corps Project shall maintain in "active" status in the Rehabilitation and Inspection Program during the one year period.
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R59: ------~~------­ 3. If the correction plan is not received within the three month period, the District Commander determines the work cannot reasonably be completed within one year, or at any time the plan is not fully implemented as approved, the Corp Project status will be declared "inactive" and immediately become ineligible for Public Law 84-89 rehabilitation assistance. In the event that Corps Projects enter into the "inactive" status, all deficiencies will need to be corrected and receive a "minimally acceptable" inspection rating before the Corps Projects' status can be changed to "active". Regardless of our eligibility to receive rehabilitation assistance, we will remain eligible to receive flood fighting assistance to protect life and property in the event State and local resources are overwhelmed during times of emergencies. At a minimum our correction plan will require vegetation management, sedimentation removal, and levee profile maintenance. Additional work will include mitigating encroachments to these facilities. Some of the levee profile maintenance will require correction of encroachments before the work may begin. The first order of work for these waterways includes vegetation management and sedimentation removal. The second order of work will include levee profile maintenance and removal of un-permitted encroachments. The estimated unit costs for the first order of work are as follows: • Vegetation management is $50,000 per mile of waterway and is a combination of both chemical and mechanical methods. • Sedimentation removal is $171,000 per mile of waterway and is an average depth of six inches per major storm event. We may be able to have large amounts removed by our Madera County Road Department and Caltrans for use in their construction projects. The estimated unit costs for the second order of work are as follows: • Correction of encroachments costs will be born entirely by the responsible party. This would be implemented through a citation process. • Levee profile maintenance is $300 per mile of waterway. The estimated unit cost for vegetation management, sedimentation removal, and levee profile maintenance is $221,000 per mile. If the correction plan was for the entire leogth of these three waterways, the estimated costs for vegetation management, sedimentation removal, and levee profile maintenance would be as follows: • Ash Slough at approximately 24 miles in length, the estimated cost is $5,304,000. • Berenda Slough at approximately 19.5 miles in length, the estimated cost is $4,309,500. • Chowchilla River at approximately 28 miles in length, the estimated cost is $6,188,000. The total estimated costs for the entire length of these waterways would be $15,801,500. If the correction plan was limited to address only the Corps Project length of these three watervvays, the costs would be as follows: .. 60 -- " Ash Slough at approximately 14.2 miles, the estimated cost is $3,138,200. .. Berenda Slough at approximately 8.9 miles, the estimated cost is $1,966,900. co Chowchilla River at approximately 0 miles, the estimated cost is $0. The total estimated costs for the Corps Project length of these waterways would be $5,105,100. At the time of generating this Board Letter, it was not clear if Madera County needs to provide a correction plan for the entire length or just the Corps Project related portions of these waterways. We have inquired of The Reclamation Board regarding this parameter, and our response to them with our correction plan will be pending their reply. BACKGROUND There were levees in place prior to the 1970's Corps Project. The waterways improvements were constructed in the early 1970's as Corps Projects. The new levees were put in place along with the irrigation facilities. The jointly used flood control and irrigation facilities in these three waterways are operated by the Chowchilla Water District. Due to these flood control facilities used also to convey irrigation water by some of the local water entities, the period between November and the following April are the only time available for vegetation management and sedimentation removal. The Chowchilla River is also in our boundary with Merced County and they also are required to provide a similar correction plan. We are in the process of contacting Merced County to discuss coordinating the project related work. Staff has assemhled a team to respond to this matter which includes various county departments and local agencies. FISCAL IMPACTS We will require more than what is currently available in our Flood Control Funds (01350) for these efforts. Additional grant funds are being investigated and may require matching funds. Your Board's approval will be solicited for the formal pursuit of outside funding. ATTACHMENTS • April 4, 2007 letter from The Reclamation Board 61 ...._._--------------------­ DEPARTMENT OFTHE ARMY U.S. ARMY ENGINEER DISTRICT, SACRA~tENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95R14-2~22 REPlVlD ATTENllON OF March 3D, 2007 Executive Office Mr. Jay Punia, General Manager The Reclamatioll Board Slate ofOpljfomlCl 3310 HI Cclfl1iOotwe' f Rrn. LL40 Sacrarnerl1o, C:~Hfomi;;lg5821 Dear Mr. Punia: The U.S. Army Corps of Engineers has initiated a national levee inventory and assessment prOgram to identify risks to public safety associated with levee systems across -the nation. The project's inspection rating is one piece of information that wil] be recorded in this national database. Concurrent with the Corps' inventory and assessment initiative, the U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) has embarked ona nationwide flood plain mapping program - the Map Modernization (MapMod) Program, FErvtA is responsible for aqminis1rating the National Flood Ins.urance Program (NFIP), and develops Flood Insurance.Rate Maps (FIRMs) to identify areas at riskof flooding , to determine flood insurance rates, and for flood plain management flctivities. Through the MapMod Program, FEMA will provide the nation with digital floocl h~i;9fd data and map~ that are niore reliable, easy to use, and readily available. As pan ofthis process, FEMA is working with other Federal, state, and local agencies to ensure that the most up-to-date information possibl~ is incorporate9 into this new digital product. FEMAreC$gnJzesth':iJt many levee$ mayhave Ghang~d coI)$idefCiblyor deterio rated since th#.;,9:yrrenteffeG~ive mapsw~re pUbJish~9·A§R~rt9fthe remapping process, FeMA'I~v~rjfYingtha.t9I1;jevg,,?§ reCQgMizedas Rrqy\dirl9 proleqtion from the Dpse flood meeHh~ i,(;q~JremEmts Qu1tinedin Titl~ M o!th~C()de{)fi=ecl~ral' RegulaUol1s,-.S~ctjPIT;~$tM{b(+t~QF~~~~;$Q)"l?,~nij~neieSinote~;ln:ihe'6btps' inspection cou!¢pf~ventth~~,~It1\(eEfs:'frommeetinSIlj~ operqtionandri1aintenanc~requirements of CPR 65.10 forcei'tlflaatkm uncferfhe NFIP. . . BClth.agt;lnpie.~~mWClrkinfJ·hancHfwh~1'l9ith!"SD4~hootlb~'Jl1V~PIpryb;jssessment and MapMo~'ir1.~l~.1i¥~,$;tQi~Q.sur~.all rel~¥,pn~;imft1rmatipn re,~grQing1evee conditions is shared aJT1on9jhei;levee:maintairiihg$gehcYlf£~MA,and0~AC:E.· . . I, .naYE:)9~~:. . ;,Ji$N;lfS1ate'~f/ 'fl~¢.Jeg.pr8j~Gt§jJ1tlle$aCramento ~'I'f~"aa:nJ9aq~in""':,': ..... i~~!tR~y~;c,~~ei1 ,... ¢C~p~~Je" 8tfetQpdor h1aihtenance .~( atch1). The' pQ.$f,perlo.ieih$ri~Otionangthelatest fe;'irisp,~ction,oJlheg~prdlects resulted in aproi¢clCbneition .ra.tin~. 9f"iiJ1·a~Rl~b~f3~" ,l;)s~~~~P~4~~'~Pr~PS.Pt,,;yoU will 62 ------- -2­ be given a one year maintenance deficiency correction period. You \-villllJve one year from the date of this letter to correct the deficiencies noted in the inspection report or this project Will be declared "inactive" and become inelIgible to receive rehabilitation assistance under Pl84-99 (Rehabilitation a':1d Inspection Program). A summary of the deficiencies can be found in the attached forms (atch 2). Please submit a plan for the cOtTecti9n ofthe deficiencies within three months of the date of this letter. The plan must include: a schedule for correcting the noted deficiencies within the one year period; a summary of the interim actions, including an evacuation plan that will be implemented to redUCe the flood risk created by the deficiencies; and an outreach plan to notify the public of the defiCiencies and planned correction process. If the correction plan is approved by the District Commander, the project shall maintain an "active" status in the Rehabilitation and Inspection Program (RIP) for one year from the date of this letteLif the correction plan is not received within the three month period, the District Commander-determines the work cannot reasonably be completed within one year, or at any time the plan is not fully implemented as approved, the project status will be changed to "inactive" and immediately become ineligible for PL 84-99 rehabilitation assistance. After correction of all deficiencies, your office should request a joint inspection of the project for re-evaluation of your ratings. If . ' projects are found to be "acceptable" or "minimally acceptable" after re-inspection, the .,..--' project will retain its "active" status. In the event that projects enter into "inactive" status, all d~ficiencies will need to be corrected and the projects receive at leasia "minimally acceptable" inspection rating before the projects' status can be changed to "gctive". Weare providing a copy of this letter to the State of California, congressional members, andTEMA Region 9 as required by our regulations (ER 1130-2-530, Paragraph3-3;g). Re~prdle('js ofYQq~ elJgibility to receive rehabilitation assistance, you will remajn~ligi.91~tor~ceivecfloqdft9hti!1gassistanceto protect life and property in th e· evsnt StEiteahdJocal teSQUTCeSare Cl:i/erwhelined du ring times of emergency. The Corps is availaQle to workV>{ithyo~;t2~eYf3IQPyourpathforward; Please contact Ms. Meegan N~gy; Acting Chief, Operations"Teehni!Za!Seotion at (916) 557-7257 for any questions or concerns. . .......i Attachments - .-­ 63
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Findings and recommendations not yet extracted.

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Findings and recommendations not yet extracted.

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Additional Recommendations 1

Not linked to specific findings.

R1: The Grand Jury has requested responses to Recommendations in the 2006-07 Madera County Grand Jury Final Report on the "Madera Ranch, Inc. (See Attachment #1) . II Grand JUry Recommendations "Nowhere in the Resource Management Agency (RMA) application process, Planning Commission hearings, Board of Supervisor meetings, or Environmental Impact Report (ErR) investigation is there a means to determine that the applicant is a true and legitimate Corporation or business entity. It is our recommendation that a new task be added to the POSSE program used by the RMA office. A simple and logical step, easily implemented through the POSSE program, is to require the applicant to provide proof that their business entity is valued. For example, any Corporation entering into a contract with the County must provide a certified copy of their Articles of Incorporation in their initial application. Other entities, (partnerships, limited liability companies, etc. ( must also provide entity verification. Pending this critical information, the application is 'red Page -1­ 182 flagged' until such time as the proper evidence is provided. By taking this additional step, any obfuscation of the process, from application to certification, will be eliminated. Further, this step will remove the possibility of the County entering into an agreement or contract with an invalid entity, one lacking the authority to make or fulfill the obligations set forth in an agreement or contract. As stated in the findings, the Grand Jury did not consider the local water issues, specifically related to supply and quality, to be thoroughly vetted. Therefore, we recommend prior to commencement of construction and operation, local resident's well-water quality and yield be measured and recorded. Further, during the course of construction and operation, we recommend quarterly water quality samples and yield tests be completed to ensure nearby property owners' concerns regarding water contamination and well yield are mitigated. We recommend the County, under the direction of the RMA, select a private water quality and yield agency to conduct quarterly tests, and recommend the County require the quarry owners to subsidize this testing and reporting, with reports provided to local residents, Development Review Committee and RMA on a quarterly basis." Board of Supervisors' Response to Grand Jury The response of the RMA Planning Director to this recommendation is considered appropriate and is submitted as the Board of Supervisors' response to this Recommendation. (See Attachment #2} Sincerely, c ~. n~, ~ ;;;;ooo:iJ1.n < Vern Moss Chairman Madera County Board of Supervisors Attachments Page -2­ 183 NOV-U~-U/ U4:48P MADERA co. PlANNING DEPT. 5596756573 AJLe-;.!JIAEN"-..if). ~~->~~t'.' ~Y!" RESOURCE. MANAGEMENT AGENCY ~w,,~'v~ r' I 1 PLANNING DEPARTMENT ~;~)~7~~821 FAX (559) 675-6573 Raybu rn Beach, Director T~~pl::n~~~~~~~a°-county.com DATE: November 9,2007 TO: Stan Koehler . Assistant Administrativ. FROM: Ray Beach RMAlPlanning Direc SUBJECT: Grand Jury Re rt - Madera Ranch Inc. I have reviewed the 2007-08 Grand Jury report concerning Madera Ranch Inc. and have the following response: The 2007-08 Madera County Grand Jury Report on the Madera Rancl, Inc. Grand Jury Recommendation It is recommended that a new task be added to Posse requiring a function to confirm property ownership while processing zoning entitlements. It was also recommended, prior to commencement of construction and operation, local residents well water quality and yield be measured and recorded. Response to the Grand Jury While there would appear to be an issue with the contract title ownership, a conditional use permit approval "runs with the land", not the applicant. Therefore, whoever owns the land, owns the conditional lise permit and may use it, but only subject to all conditions of approval. As to the submitting of applications, the Planning Department accepts the applications for entitlements based on the signature of tho owner at the time of submittal. Properties do change han~ and the department may not know of the change in ownership unless the owner/appl icant informs the department during the processing of their entitlements. The Board has recognized this in previous policy decisions, directing tha1 staff simply insure the applicability of all conditions to present and future ownHS. The Recommendation is being implemented. 184 ~oV-U~-U/ U4:4BP MADERA CO. PlANNING DEPT. 5596756573 P.03 The recommendation being implemented is that the Planning staff will review it's procedures for assuring that all applications are submitted and signed by the property owners. Please refer to the attached memorandum from Ken S;chmidt, a certified hydro geologist, on the proposed well monitoring program for the Madera Quarry operation. The project is required under, mitigatic-n measure 3.9-1A, to monitor water levels of adjacent wells throughout the life of the project. If you have any further questions, please feel free to contact me at 661-6333. -- H:/P.SmartiAdmin AsstJMyFlleslGrand Jury/Response to GJ Report·Madera Ranch Inclprs ~--~--~--~._--------------- 185 P.04 PlANNING DEPT. 5596756573 ....uv-v;;#-vr u~;~~y MAU~RA CO . • j MEMO To: Jack Baker, Madera Ranch, Inc. From: Ken Schmidt Datel May 1, 2007 Topic: Proposed Groundwater Monitoring Pro9r~·Madera Ranch Quarry The private wells most likely to possibly be influenced by groundwater pumping for the project are as followsl Graham West .Crandall Dibble Harris pfoutz. In addition, there are some private wells that are fa:rther distant from the proposed quarry that could be influenced by pumping for the project. These wells are located near linear sur:Eace features that extend westerly from the proposed quarry. IDol'llded are: Marcks Egland Carter Carter Allen Robnett:. Project Well Pumpage and Qewatering Monitoring of project well pumpage and Ranch well water levels would provide very useful information. Totalizing flowmeters would be used to measure well . and quarry pumpage and pu::nping rates. Measurements would be made on a monthly basis during Ne,vember-April and on a weekly basis during May-October. - Lake Evaporation Once Qua.rry dewatering stops, the area of the lilke would be 186 I P.D5 PlANNING DEPT. 5596756573 t'Cuv-V;:'-U/ U~:~~~ MAU~KA CU. 2 determined on a monthly basis. Reoords of pan evaporation would then be used to estimate evaporation on a monthly basis. These measurements would be done for several years, until :representative evaporation under varying climatic conditions is determined. Water-Level Monitoripg Transducers 'Would be installed in Ranch Wells N(:I. 1, 5, 6, and 7 to provide oontinuous records of depth to water. Water levels in all Ranch wells would be measured on a monthly basis during May­ October and every other month during November -April" Private Wells With the approval of the well owners, the five private wells discuSEled previously would be equipped with totalizi::lg flowmeters. Water levels in these wells would be manually meaElured monthly. Flowmeters would be read on a monthly basis during MI:Ly-October and every other month during November-April. For the morlil distant pri­ vate wells (if owners agree), water levels would be measured twice a year once near the end of the precipitation seaSOl:L (nonnally in I April) and once near the end of the dry period (noDNl.lly October) . I Reporting Groundwater monitoring results would be submit'l;ed to Madera County on a quarterly basis. On an annual basis, a Dlonitoring re­ port would be prepared by a certified hydrogeologillt, including p\1ll1Page tabulations, water-level elevation maps, and water-level hydrographs. The drawdowns due to project operat.ion would be determined. In addition, the hydrogeologist would rec\ommend adding or deleti.ng wells in the program based on sound hydrologic evi­ denee. " I 187
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