Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 ....

58
Truckee River Flood Management Authority Board of Directors Meeting Agenda Book June 8, 2018

Transcript of Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 ....

Page 1: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

Truckee River Flood Management

Authority

Board of Directors Meeting Agenda Book

June 8, 2018

Page 2: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

Truckee River Flood Management

Authority

Board of Directors Meeting

June 8, 2018

1 - Call to Order

2- Consent Items

3 – Financial Items

4 – Board Comments and Requests

5 – Public Comment

6 – Adjournment

Page 3: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

TRUCKEE RIVER FLOOD MANAGEMENT AUTHORITYCOMMONLY USED ACRONYMS

1 of 2

AASHTO American Association of State Highway OfficialsACOE/COE Army Corps of EngineersAF or AC-FT Acre FeetAIA American Institute of ArchitectsASA Assistant Secretary of the ArmyATR Agency Technical ReviewBCC Board of County CommissionersBFE Base Flood ElevationCERCLA Comprehensive Environmental Response, Compensation and Liability ActCFS Cubic Feet Per SecondCORPS/USACE U.S. Army Corps of EngineersCRA Continuing Resolution AuthorityCY Cubic YardsEIS Environmental Impact StatementETR External Technical ReviewFCPNC Flood Control Project Needs CommitteeFCSA Feasibility Cost Sharing AgreementFEMA Federal Emergency Management AgencyFHWA Federal Highway Administration FMA Flood Management AuthorityFPCC Flood Project Coordinating CommitteeFRM Flood Risk ManagementGIS Geographical Information SystemGRR General Reevaluation ReportHEC-RAS Hydrologic Engineering Center - River Analysis System (the River Hydraulic Model)HEC-1 Hydrologic Engineering Center - 1 (the Hydrologic Model)HTRW Hazardous, Toxic, and Radioactive WastesICA Interlocal Cooperative AgreementIDIQ Indefinite Delivery, Indefinite Quantity - used by USACE for "on-call" contractsILA Interlocal AgreementJPA Joint Powers AuthorityLERRD Lands, Easements, and Rights-of-Way, Relocations and Disposal AreasLID Low Impact DevelopmentLID Local Improvement DistrictLIP Local Interest PlanLPP Locally Preferred PlanMCACES Micro-Computer Aided Cost Estimating System - used by USACE for project cost estimatesMOA Memorandum of AgreementMOU Memorandum of Understanding

Page 4: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

TRUCKEE RIVER FLOOD MANAGEMENT AUTHORITYCOMMONLY USED ACRONYMS

2 of 2

NDEP Nevada Division of Environmental ProtectionNDOT Nevada Department of TransportationNED National Economic Development PlanNEPA National Environmental Policy ActNFIP National Flood Insurance ProgramNRS Nevada Revised StatutesNWRA Nevada Water Resources AssociationPDT Project Delivery TeamPED Planning, Engineering and DesignPMP Project Management PlanPMT Project Management TeamPPA Project Partnership Agreement with the USACER&U Risk and UncertaintyREDM Real Estate Design MemorandumREP Real Estate PlanRFP Request for ProposalsRFQ Request for QualificationsROD Record of DecisionRSIC Reno Sparks Indian ColonyRTAA Reno Tahoe Airport AuthorityRTC Regional Transportation CommissionSHPO State Historic Preservation OfficeSNPLMA Southern Nevada Public Land Management ActTAC Technical Advisory CommitteeTRFMA Truckee River Flood Management AuthorityTMWA Truckee Meadows Water AuthorityTMSA Truckee Meadows Service AreaTMWRF Truckee Meadows Water Reclamation FacilityTNC The Nature ConservancyTRFP Truckee River Flood ProjectTROA Truckee River Operating AgreementURA Federal Uniform Relocation Assistance and Real Property Acquisition Policies ActWG Working GroupWRDA/WRRDA Water Resources Development Act/Water Resources Reform & Development ActWRWC Western Regional Water CommissionWSEL Water Surface Elevations

Page 5: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

NOTICE OF BOARD MEETING AND AGENDA

FRIDAY, JUNE 8, 2018 AT 8:30 A.M.

Please note new location for this meeting only: TRFMA Office Conference Room

9635 Gateway Drive, Suite A Reno, Nevada 89521

Some or all of the TRFMA Board Members may participate by teleconference.

Board Members Ron Smith, Chair Vaughn Hartung, Vice Chair

David Bobzien Geno Martini Bob Lucey Paul McKenzie

Pursuant to NRS 241.020, this notice has been posted at the following locations: Washoe County Administration, 1001 East Ninth Street, Reno, Nevada Sparks City Hall, City Clerk, 431 Prater Way, Sparks, Nevada Reno City Hall, City Clerk, One East First Street, Reno, Nevada Truckee River Flood Management Authority Office, 9635 Gateway Drive, Ste A, Reno, Nevada Truckee River Flood Project Website: http://trfma.org/events/ Nevada Public Notice Website: https://notice.nv.gov

Possible Changes to Agenda Order and Timing: Discussion may be delayed on any item on this agenda and items on this agenda may be taken out of order, combined with other items and discussed or voted on as a block, removed from the agenda, moved to the agenda of another later meeting, or moved to or from the consent section. Items designated for a specified time will not be heard before that time, but may be delayed beyond the specified time. Supporting Documents: Persons wanting a copy of any supporting materials may contact Laura Bayer at 775-850-7477 or obtain at TRFMA’s offices at 9635 Gateway Drive, Suite A, Reno, NV or on the website at: http://trfma.org/events/ Public Comment; Disruption of Meeting: During the “Public Comment” periods listed below, anyone may speak pertaining to any matter that is not on the agenda. Additionally, during agenda items, public comment will be heard on that particular item after it is opened and before any action is taken. In either event, each speaker must fill out a “Request to Speak” form and/or submit comments for the record to the recording secretary. Public comment and comment on any agenda item is limited to three minutes per person unless extended by questions or action of the Board. Comments are to be directed to the Board as a whole and not to one individual. The presiding officer may (with or without advance warning) order the removal of a person whose conduct willfully disrupts the meeting to the extent that its orderly conduct is made impractical. Special Accommodations: The meeting facility is accessible to the disabled; if special accommodations are required for the meeting, call Laura Bayer at 775-850-7477 at least 48 hours before the meeting.

Truckee River Flood Management Authority

Page 6: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

Page 2 of 2

1. Call to Order A. Roll Call, Establishment of Quorum, and Pledge of Allegiance

B. Public Comment - During this comment period, any person is invited to speak on any topic that is not listed on this agenda. Each speaker must fill out a Request to Speak card and must limit comments to three minutes. Action may not be taken on any matter raised during this public comment period until the matter is specifically listed on a future agenda. Those who wish to comment on an item that has been listed on this agenda may comment when that item has been opened for consideration by the Board and before action is taken but must fill out a request to speak form indicating the agenda item on which they wish to comment.

C. Approval of Agenda for June 8, 2018 (For Possible Action)

D. Approval of Draft Minutes of May 11, 2018 Meeting and May 23, 2018 Budget Hearing (For Possible Action)

E. Announcements / Clippings

2. Consent Items A. Presentation and discussion of a FEMA Grant for the Home Elevation Program. Possible action to

authorize the Executive Director to accept a grant up to $875,000 with $875,000 in local matching funds which includes staff time and administrative costs. (For Possible Action) by Eric Scheetz, Engineer

B. Discussion and possible action to approve a Joint Funding Agreement with U.S. Geological Survey (USGS) in the amount of $114,720 for the annual stream flow and precipitation monitoring associated with the Flood Warning Program and authorize the Executive Director to sign the Agreement. (For Possible Action) By Ed Evans, Hydrogeologist

C. Discussion and possible action to approve an Amendment to the Agricultural Lease with Frank and Joanne Ferrari that extends the term of the Agricultural Lease for three years from January 1, 2017 and allows assignment of the Agricultural Lease from Frank and Joanne Ferrari to Ferrari Farms LLC. (For Possible Action) By Michael Wolz, General Counsel

D. Review of monthly encumbrance report. Possible action to provide direction to staff. (For Possible Action) By Lori Williams, Sr. Financial Analyst

END OF CONSENT ITEMS 3. Financial Items A. Review and possible approval of the FY2019 Five-Year Capital Improvement Plan for submission

to the State of Nevada per NRS 354.5945 as presented or with changes. (For Possible Action) By Lori Williams, Sr. Financial Analyst

B. Monthly report on the Authority’s financial status and related financial activities. Possible action to provide direction to staff. (For Possible Action) By Lori Williams, Sr. Financial Analyst

4. Board Member Comments, Requests, and Future Agenda Items

5. Public Comment - During this comment period, any person is invited to speak on any topic that is not listed as an action item on this agenda. Each speaker must fill out a Request to Speak card and must limit comments to three minutes. Action may not be taken on any matter raised during this public comment period until the matter is specifically listed on a future agenda.

6. Adjournment (For Possible Action)

Page 7: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

Truckee River Flood Management Authority

ROLL CALL FOR: June 8, 2018

Board of Directors (Quorum = four): ___ Ron Smith, Chair (City of Sparks)

___ Vaughn Hartung, Vice Chair (Washoe County)

___ David Bobzien (City of Reno)

___ Bob Lucey (Washoe County)

___ Geno Martini (City of Sparks)

___ Paul McKenzie (City of Reno)

End of Roll Call Staff ___ Jay Aldean (Executive Director)

___ Laura Bayer (Administrative Assistant II)

___ Ed Evans (Sr. Hydrogeologist)

___ Danielle Henderson (Natural Resource Manager)

___ Eric Scheetz (Licensed Engineer)

___ Lori Williams (Sr. Financial Analyst)

___ Michael Wolz (General Counsel)

Page 8: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

DRAFT BOARD MEETING MINUTES FRIDAY, MAY 11, 2018 AT 8:30 A.M.

Washoe County Commission Chambers, 1001 E. 9th Street, Reno, NV

1. Call to Order A. Roll Call, Establishment of Quorum, and Pledge of Allegiance - Chair Smith called the meeting to

order at 8:32 am. A quorum was established with Chair Smith, Vice Chair Hartung, Directors Bobzien, Lucey and McKenzie attending in person and Director Martini joining via teleconference. TRFMA staff present: Jay Aldean, Laura Bayer, Danielle Henderson, Lori Williams, and Michael Wolz. Director McKenzie led the Pledge of Allegiance.

B. Public Comment - Chair Smith called for Public Comment and hearing none, he closed this item.

C. Approval of Agenda for May 11, 2018 (For Possible Action) Motion 2018.5.1C to approve the agenda for May 11, 2018. Moved: Director Seconded: Director Passed Unanimously

D. Approval of Draft Minutes of February 9 and 26, 2018 (For Possible Action) Motion 2018.5.1D to approve the draft minutes of February 9 and 26, 2018. Moved: Director Seconded: Director Passed Unanimously

E. Announcements / Clippings – Executive Director Jay Aldean announced: • There were a large amount of clippings in the April agenda book so even though that

meeting was canceled, they were not repeated in May agenda book. • He will be out of the office from May 21 to 25 and will not be at Budget Hearing. • He had a good meeting with the Corps and is very close to having them accept the 100-

year plan for review. He added that the final review takes two years. • Senator Catherine Cortez Masto sent out an announcement that she added a provision

to the upcoming WRRDA bill to ensure the flood project remains eligible for federal funding. All of our congressional delegation supports this notion.

2. Consent Items – Motion 2018.5.2 to approve Consent Items. Moved: Director McKenzie Seconded: Director Bobzien Passed Unanimously

A. Discussion and possible action to approve an Amendment to the Fourth Agreement for Public Relations Services with KPS3 extending the term of the Agreement for one year to June 13, 2019 and amending the Scope of Services. No other terms of the Agreement are changed by the proposed Amendment, including the maximum total contract amount. (For Possible Action) Motion 2018.5.2A to approve the Amendment to Fourth Agreement for Public Relations Services with KPS3. Moved: Director McKenzie Seconded: Director Bobzien Passed Unanimously

Truckee River Flood Management Authority

Page 9: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

Truckee River Flood Management Authority Board of Directors Meeting Minutes from May 11, 2018 Page 2 of 6

B. Discussion and possible action to approve a Second Amendment to the Second Agreement for

Professional Consulting Services with Marcus Faust, P.C. that extends the duration of the Agreement for an additional one year term to May 31, 2019. (For Possible Action) Motion 2018.5.2B to approve the Second Amendment to the Second Agreement for Professional Consulting Services with Marcus G. Faust, P.C. Moved: Director McKenzie Seconded: Director Bobzien Passed Unanimously

C. Discussion and possible action to approve an amendment to the Agreement for Professional Legal Services with Kaempfer Crowell, Ltd. expanding the Scope of Services to allow for the representation of TRFMA in legal proceedings. (For Possible Action) Motion 2018.5.2C to approve the Amendment to the Agreement for Professional Legal Services with Kaempfer Crowell Ltd. Moved: Director McKenzie Seconded: Director Bobzien Passed Unanimously

D. Presentation and discussion of the terms of a proposed Second Amendment to the Office Lease Agreement for the premises at 9635 Gateway Drive, Suite A, Reno, which serve as the office for the Truckee River Flood Management Authority. The proposed Second Amendment extends the term of the Lease by one year and increases the rent by 3% to $6,875.25 per month. Possible action to approve the proposed Second Amendment to the Office Lease as negotiated or with changes as requested by the Board of Directors. (For Possible Action) Motion 2018.5.2D to approve the proposed twelve month extension and change to the lease payments in the current lease agreement between LJ Capital Investments, LLC and the Truckee River Flood Management Authority as detailed in the Second Amendment to the Office Lease Agreement and authorize the Chairman to execute the lease agreement extension. Moved: Director McKenzie Seconded: Director Bobzien Passed Unanimously

E. Review of monthly encumbrance report. Possible action to provide direction to staff. (For Possible Action) Motion 2018.5.2E to accept the report. Moved: Director McKenzie Seconded: Director Bobzien Passed Unanimously

3. Discussion and update on the status of the Flood Control Project Needs Committee (FCPNC), including discussion of the FCPNC Recommendation to the Washoe County Board of County Commissioners that a question be presented to the voters of Washoe County seeking approval of an increase in the property tax in the amount of $0.0248 per $100 of assessed valuation, and the Recommendation to the TRFMA Board of Directors that a flood protection fee be imposed in any direct or secondary benefit areas in an amount not less than $3.00 per thousand square feet of developed square footage and not more than $8.00 per thousand square feet of developed square footage. Possible action to provide direction to staff. (For possible action) Jay Aldean, Executive Director reported that the FCPNC last met on March 29 and recommended a tax of 2.48 cents per $100 of valuation to go on the ballot in November. That tax would sunset after the debt is retired. The BCC will hear the ballot question on May 22, 2018. The FCPNC also recommended a range for a flood fee in the range of $3 to $8 per thousand square feet of developed property. That fee would be retired with the tax that was recommended in the ballot question. The reason for the range of fees is to allow the Board flexibility.

Page 10: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

Truckee River Flood Management Authority Board of Directors Meeting Minutes from May 11, 2018 Page 3 of 6

Aldean said he is grateful to the staff and consultants who did a tremendous job responding to the committee’s requests during the eight months of bi-weekly meetings. Phase II of the FCPNC’s tasks will deal with regional flooding. The FCPNC Chair sent a letter to the three Public Works Directors asking how they would like staff to present their drainage issues to the Needs Committee. Once that information is accumulated, staff will present it to the FCPNC for their approval and then the committee will be terminated. They have until February 2019 to complete their tasks. Chair Smith congratulated the Needs Committee and John Sherman for all his work. Motion 2018.5.3 to accept report Moved: Director McKenzie Seconded: Director Lucey Passed Unanimously

4. Discussion and possible action to adopt a resolution authorizing the TRFMA Executive Director to present financial information to the Debt Management Commission (DMC) of Washoe County in support of the proposed issuance of general obligation bonds secured by the proceeds of the proposed property tax increase recommended by the FCPNC in compliance with NRS 350.011 – 350.0165. (For Possible Action) Michael Wolz, General Counsel explained that the proposed issuance of general obligation bonds needs to be reviewed by the DMC. This needs to be addressed before the BCC addresses the question. This item is seeking authority with this resolution from this Board to allow TRFMA staff to present this information to the DMC. Motion 2018.5.4 to approve Resolution 2018-9, authorizing the Truckee River Flood Management Authority Executive Director to present a report and any other required information to the Washoe County Debt Management Commission pursuant to the provisions of Nevada Revised Statutes 350.011 to 350.0165. Moved: Director McKenzie Seconded: Director Hartung Passed Unanimously

A. Discussion and possible action to amend TRFMA Policy P-12, Debt Management, to include a provision addressing, among others: the ability to afford existing, future and proposed general obligation debt, operational costs and revenue sources, property tax rate impact, revenue bonds from sales tax revenues, debt capacity analysis, the sale of debt, debt structure, etc. (For Possible Action) General Counsel Wolz suggested the Board vote on Items 4A, B, and C as a block vote. Wolz explained each item, noting that all three are needed per statute. Aldean added that the list of capital projects is basically all of the project elements of the Project. Motion 2018.5.4A to adopt the amendment to TRFMA Policy P-12 Debt Management. Moved: Director Hartung Seconded: Director Lucey Passed Unanimously

B. Discussion and possible action to approve changes to TRFMA’s Capital Improvement Plan for submission to the Washoe County Debt Management Commission. (For Possible Action) Motion 2018.5.4B to approve changes to TRFMA’s Capital Improvement Plan for submission to the Washoe County Debt Management Commission. Moved: Director Hartung Seconded: Director Lucey Passed Unanimously

Page 11: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

Truckee River Flood Management Authority Board of Directors Meeting Minutes from May 11, 2018 Page 4 of 6

C. Discussion and possible action to approve a Statement of Existing and Contemplated General Obligation Debt to be submitted to the Washoe County Debt Management Commission. (For Possible Action) Motion 2018.5.4C to approve a Statement of Existing and Contemplated General Obligation Debt to be submitted to the Washoe County Debt Management Commission. Director Hartung Seconded: Director Lucey Passed Unanimously

5. Technical Advisory Committee (TAC) report and discussion, including statements in support of the TRFMA tentative budget and the proposed Agreement for Environmental Consulting Services with Redhorse Corporation. Possible action to provide direction to staff. (For Possible Action) Andy Hummel, TAC Chair, reported that the TAC met twice in April: on the 11th they reviewed the tentative budget (no revisions were requested); on the 27th they reviewed the Redhorse scope of work and made some minor edits regarding permits and future phases. TAC members voted to support that and Danielle Henderson made changes as requested for today. Motion 2018.5.5 to accept the report. Moved: Director McKenzie Seconded: Director Hartung Passed Unanimously

6. Financial Items A. Discussion and possible action to approve a contract for environmental services between the

Truckee River Flood Management Authority and Redhorse Corporation for the 60% design and permitting of the Vista Narrows flood project element; and potential environmental services to support work by the U.S. Army Corps of Engineers related to the Common Features Project design and/or Section 1036 review. The maximum total contract amount is $1,112,204. (For Possible Action) Danielle Henderson, Natural Resource Manager, stated she is recommending that the Board approve this contract for project permitting and other support. Vista Narrows is a natural constriction on the Truckee River. Atkins North America is working to bring the 15% level designs to 60%. This team would support that contract from the environmental side. The scope of work and contract is split into three phases: 1. Vista Narrows - Future phases could be authorized if TRFMA considers appropriate; 2. Assistance in the Common Features Project – during design, if additional surveys or environmental documents are needed, we could activate that part of the contract; 3. Another optional phase of future work would be regarding section 1036 review with locally developed plan and mini GRR process. The contract goes for one year and we have an opportunity to renew it. Aldean added staff opted to do it this way to clearly define what you may see as a contingency in a contract. Task orders have to be given before those other options can be started by the consultant. Wolz asked that when making a motion, the Board add for the Executive Director to sign the contract. Director Hartung moved to approve as directed by counsel; Director Bobzien seconded and it passed unanimously. Motion 2018.5.6A to approve the Agreement for Professional Environmental Consulting Services with Redhorse Corporation for the Vista Narrows 60% Design: Project Permitting and Other Regulatory (NEPA) Support in an amount not to exceed $1,112,204 and authorize the Executive Director to execute the contract. Moved: Director Hartung Seconded: Director Bobzien Passed Unanimously

Page 12: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

Truckee River Flood Management Authority Board of Directors Meeting Minutes from May 11, 2018 Page 5 of 6

B. Report on and discussion of the TRFMA FY2018-2019 Budget. Possible action to approve the

budget as presented or with changes, and to provide direction to staff regarding changes to the Tentative Budget for presentation at the Budget Hearing on May 23, 2018. (For Possible Action) Lori Williams, Sr. Financial Analyst explained that the agenda book includes what was submitted to the State Department of Taxation; they have issued a letter indicating they have accepted it. Williams reviewed her presentation (copy on file) noting that the General Fund is very stable. The budget does include a half-year of salary and benefits for a possible Chief Engineer FTE to come in around December in case the Executive Director retires. Williams also stated the Budgeted Expenditures are pretty much the same; all but 12 lines are within 5% of FY18 Budget. Only 4 of the 12 have more than a $1500 difference. Services and Supplies are lower than budgeted due to some of the engineering services and judicial review which did not happen. She said that sales tax revenue is way up and noted that the Capital Projects Fund looks good because money comes from General Fund. She also mentioned that Eric Scheetz had procured an $800,000 grant for Home Elevations and we may use half that in FY19 although we currently don’t have any additional requests. Aldean stated he put money in the budget for FEMA mapping. Motion 2018.5.6B to approve the budget as presented for presentation at the Budget Hearing on May 23, 2018. Moved: Director McKenzie Seconded: Director Hartung Passed Unanimously

C. Monthly report on the Authority’s financial status and related financial activities. Possible action to provide direction to staff. (For Possible Action) Lori Williams, Sr. Financial Analyst reviewed the March financial report noting it is within budget on everything except benefits which relates directly to OPEB costs. TRFMA hired Kathy Garcia to get the OPEB issue resolved; in the meantime, TRFMA budgeted that amount in protest for FY19. In response to an inquiry from Director Hartung, Williams said that Milliman did an actuarial study which came back with recommendations that didn’t meet the specifics of TRFMA staff. Director Hartung offered his assistance in resolving this matter. Aldean noted he signed small contracts with Hobbs Ong (financial advisors), Sherman & Howard (legal bond counsel), and provided $25,000 to the County for the Emergency Response Plan. Motion 2018.5.6C to accept the report. Moved: Director McKenzie Seconded: Director Lucey Passed Unanimously

7. Discussion and possible action to authorize TRFMA to seek permission from the Nevada Supreme Court to participate in the matter of Jeffrey D. Church v. Washoe County Commission, Verified Petition for Writ of Mandamus, filed in the Nevada Supreme Court on April 12, 2018, on its own behalf and/or on behalf of the FCPNC, and to participate in the prosecution of those proceedings if permission to do so is granted by the Court. (For Possible Action)

Page 13: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

Truckee River Flood Management Authority Board of Directors Meeting Minutes from May 11, 2018 Page 6 of 6

Michael Wolz, General Counsel stated Mr. Church has filed a writ of mandamus against Washoe County in NV Supreme Court regarding the tax ballot question. The County is not the real party involved and he is looking for a recommendation to file a motion to participate in it if needed. Motion 2018.5.7 to authorize TRFMA to seek permission from the Nevada Supreme Court to participate in the matter of Jeffrey D. Church v. Washoe County Commission, Verified Petition for Writ of Mandamus, filed in the Nevada Supreme Court on April 12, 2018, on its own behalf and/or on behalf of the FCPNC, and to participate in the prosecution of those proceedings if permission to do so is granted by the Court. Moved: Director McKenzie Seconded: Director Hartung Passed Unanimously

8. Working Group monthly report and possible action to provide direction to staff. (For Possible Action) - Danielle Henderson, Natural Resource Manager indicated that the report is included in the agenda book and offered to answer any questions. The phone connection with Director Martini was lost. Motion 2018.5.8 to accept report. Moved: Director Hartung Seconded: Director McKenzie Passed Unanimously of those present.

9. Discussion and possible action to approve a third Amendment to the Employment Agreement with Executive Director Jay Aldean that extends the duration of the Agreement for an additional two year term to May 21, 2020. No other provisions of the Employment Agreement, including the salary, are changed by the proposed amendment. Possible action to approve the agreement as presented or with changes, and if approved, authorize the Chair to execute the agreement. (For Possible Action) Director Martini came back on the line. Michael Wolz, General Counsel, explained the details of Aldean’s contract. Motion 2018.5.9 to approve Amendment No. 3 to the TRFMA Executive Director Employment Agreement between the Truckee River Flood Management Authority and Jay L. Aldean. Moved: Director McKenzie Seconded: Director Hartung Passed Unanimously

10. Board Member Comments, Requests, and Future Agenda Items - Chair Smith asked Dick Mills to share his experience on the FCPNC. Dick Mills said it was an honor to be appointed to the FCPNC. The meetings were every two weeks and they were intense. There was a lot of staff support; thank you to staff. Chair Smith said he attended many of the meetings and was impressed by the discussion and questions asked by the committee.

11. Public Comment - Chair Smith called for Public Comment and hearing none, he closed this item.

12. Adjournment (For Possible Action) - 9:34 am Respectfully Submitted, Laura Bayer, Recording Secretary Approved in Session on ________________________.

Page 14: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

SPECIAL BOARD MEETING MINUTES

WEDNESDAY – MAY 23, 2018 – 8 am City of Sparks Council Chambers, 745 Fourth Street, Sparks, Nevada

1. Roll Call, Establishment of a Quorum, and Pledge of Allegiance - Chair Smith called the

meeting to order at 8 am. A quorum was established with Chair Smith, Vice Chair Hartung, Directors Martini and McKenzie. Director Bobzien joined via phone at 8:01 am. TRFMA staff present: Jay Aldean, Laura Bayer, Lori Williams, and Michael Wolz. Chair Smith welcomed Director Martini back and asked him to lead the Pledge of Allegiance.

2. Public Comment – Chair Smith called for Public Comment and hearing none, he closed this item.

Open Public Hearing 3. Public Hearing on the Truckee River Flood Management Authority (TRFMA) Tentative Budget

for Fiscal Year 2018-2019. Discussion and possible action to adopt the proposed TRFMA Final Budget for FY18-19 as presented or with amendments. (For Possible Action) Lori Williams, Sr. Financial Analyst reviewed the budget report noting that the changes since the last budget report on May 11th include estimated sales tax disbursements for FY18 is up about $59,000. For budget year FY19, there was a $750 change to Revenues and a small change to Salaries and Employee Benefits because the Executive Director and General Counsel’s Cost of Living increases had not been included. The Board had no comments or questions. Chair Smith called for Public Comment and hearing none, he called for a motion. Motion 2018.5S.3 to adopt the proposed TRFMA Final Budget for FY18-19 as presented. Moved: Director McKenzie Seconded: Director Martini Passed Unanimously No public comment cards were received for this agenda item.

Close Public Hearing 4. Board Member Comments, Requests, and Future Agenda Items - Chair Smith called for

Board Comments and hearing none, he closed this item.

5. Public Comment - Chair Smith called for Public Comment and hearing none he closed this item.

6. Adjournment – the meeting adjourned at 8:05 am Respectfully Submitted, Laura Bayer, Recording Secretary Approved in Session on _________________.

Truckee River Flood Management Authority

Page 15: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 16: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 17: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 18: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 19: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 20: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 21: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 22: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 23: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 24: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 25: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 26: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 27: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 28: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 29: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 30: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 31: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 32: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 33: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 34: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 35: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

AGENDA ITEM #2A

BOARD OF DIRECTORS STAFF REPORT

MEETING DATE: June 8, 2018

DATE: May 31, 2018

TO: Flood Management Authority Board Members

FROM: Eric Scheetz, Licensed Engineer, TRFMA, 850-7473, [email protected] SUBJECT: Presentation and discussion of a FEMA Grant for the Home Elevation Program. Possible

action to authorize the Executive Director to accept a grant up to $875,000 with $875,000 in local matching funds which includes staff time and administrative costs.

SUMMARY This item is a recommendation for the Flood Management Authority (FMA) to authorize the Director to accept FEMA’s Pre Disaster Mitigation grant funds in an amount not-to-exceed $875,000 for the Home Elevation Program. BACKGROUND The Home Elevation Project was designed in lieu of a traditional Levee system that would cost upwards of 10 times the amount per elevation to protect each home. In addition, the Corps 50 year design would require these homes to be elevated as mitigation for increased water surface elevations due to protecting the Sparks and Reno Industrial areas if the Vista Narrows terracing cannot be successfully constructed or another solution found. The current TRFMA 100 year project expects to fully build the Vista Narrows Terracing and is in design for that project now but the project still must pass an environmental review and therefore faces some risk to fully accomplishing its intended water surface lowering. As such, in 2016 TRFMA staff again applied for the FEMA Post Disaster Mitigation grant funds for the Elevation of Homes in the Hidden Valley area. Specifically 10 homes were selected that were denoted for their previous interest in the program and frequency as well as the severity of risk for flooding in and to their homes. Through a multi-year process including state wide and national judging, TRFMA staff was notified at the end of May 2018 that this grant application was selected for funding from FEMA. Throughout this process Flood Project staff has been monitoring the grant application process closely with the Nevada State Department of Emergency Management (DEM) to ensure all data and information requests have been met in a timely manner. As this is a reimbursement program, once funds are expended TRFMA will then request such reimbursement via DEM. Therefore staff is requesting that the Flood Management Authority authorize the Director to receive the FEMA Pre Disaster Mitigation grants funds in an amount not-to-exceed $875,000 for the Home Elevation Program. PREVIOUS ACTION March 10, 2006 FPCC (Flood Project Coordinating Committee) adopted the Community (Locally) Preferred Plan (LPP) including a levee in the Hidden Valley area.

Truckee River Flood Management Authority

Page 36: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

Flood Management Authority – June 8, 2018 Page 2 of 2

November 17, 2006 FPCC approved the Hidden Valley Traction project (Phase I- Feasibility) February 9, 2007 FPCC approved a contract with HDR, Inc. for a Preliminary Engineering Study March 14, 2008 FPCC approved an amendment to the engineering contract for the Hidden Valley

Project to expand the feasibility project to include evaluation of home elevation and the potential for buyouts.

June 2009 The Nevada Legislature approved AB 54 to allow Washoe County and the Flood

project to award grants to individuals to assist with elevation of their homes November 13, 2009 FPCC adopted the 2nd Amendment to the Infrastructure Sales Tax Plan, which

amended the flood project description (LPP) to include non-structural alternatives and the elevating of homes in lieu of construction of a levee

January 21, 2010 FPCC approved the Home Elevation Traction Project for up to $10,000,000.

Spring 2010 With assistance from Grant Thornton LLP and later Senator Reid (2011), the grant program as copied from the Corps of Engineers and other jurisdictions nationally was determined to be a taxable event with regards to income for the grantee unless the grant was through the Stafford Act or the National Flood Insurance Act (NFIA).

June 15, 2015 One residence of the nearly 40 that had expressed interest in the Home Elevation Program asked to initiate the TRFMA grant funding understanding the tax consequences would be borne by the grantee. The home was elevated successfully and within budget that year.

2011- Current Staff has annually communicated with and/ or submitted for Home Elevation Grants that fall under the Stafford Act or NFIA.

FISCAL IMPACT The TRFMA approved budget includes $750,000 (2018) and $1,000,000 (2019) toward the Home Elevation Program with the hopes that grant money would be received despite the low probability of being awarded such a grant. If the grant money was never awarded it would ultimately cost the flood project the full amount of elevating. Receipt of the $875,000 toward the expected full project amount of $1,750,000 lowers the overall amount the Flood Project would outlay. In addition, as part of the TRFMA contribution FEMA allows an expected staff time allocation for administrative expenses that could be valued at upward of $87,500 for grant management to be credited to TRFMA as well. The program is voluntary for the 10 specified homes and the FEMA obligation is up to $87,500 per home.

RECOMMENDATION It is recommended that the FMA accept this report and authorize the Director to accept FEMA’s Pre Disaster Mitigation grant funds from FEMA in an amount not-to-exceed $875,000 for the Home Elevation Program.

POSSIBLE MOTION

A simple motion to approve the recommendation will suffice. ES

Page 37: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

AGENDA ITEM #2B

BOARD OF DIRECTORS STAFF REPORT

MEETING DATE: June 8, 2018

DATE: May 30, 2018

TO: Flood Management Authority Board Members

FROM: Ed Evans, Senior Hydrogeologist, TRFMA, 850-7465, [email protected] SUBJECT: U.S Geological Survey Joint Funding Agreement for Operation and Maintenance of

Stream Flow and Precipitation Gages that Support the Truckee River Flood Warning System.

SUMMARY This item requests approval of a Joint Funding Agreement (JFA) between the U.S. Geological Survey (USGS) and Truckee River Flood Management Authority (TRFMA) to provide funding for the continued operation and maintenance of stream and precipitation gages that are a component of the Flood Warning System currently operated by TRFMA. If approved, the JFA would involve a 50% TRFMA (local) cost share of $114,720 for the period starting July 1, 2018 through June 30, 2019. BACKGROUND The JFA between the USGS and TRFMA provides funds for the operation of nine (9) stream and three (3) precipitation gages on the Truckee River and its main tributaries of Steamboat Creek and North Truckee Drain. The attached JFA details the gage sites that are operated and funded exclusively by TRFMA or where TRFMA shares the annual operations cost with other agencies. Cooperative funding among agencies is a standard practice utilized by the USGS to equitably distribute gage operation costs to users who benefit from the information generated at that location. The USGS operated gages instantaneously transmit any change in river height and flow volume which is necessary for determining the potential impact of extreme precipitation events and potential flooding for the Reno-Sparks metropolitan area. Additional criteria for funding are:

• Required for deployment of the Truckee River Flood Warning Plan (TRFWP) that is administered

by the Authority; • Required by a Memorandum of Understanding to provide river flow information to the National

Weather Service (NWS); • Provide accurate and timely data for NWS flood warnings; • Necessary for development of river forecasts by the NWS California-Nevada River Forecast

Center (CNRFC) that are required for flood plan operation;

Truckee River Flood Management Authority

Page 38: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

Flood Management Authority –June 8, 2018 Page 2 of 2

PREVIOUS ACTION

1999–2011: The Washoe County Board of County Commissioners (BCC) approved the JFA with USGS on an annual or multi-year basis as a required component of the regional Flood Warning System when it was operated by Washoe County Department of Water Resources.

2012: TRFMA Board of Directors approved the JFA at the August 10, 2012 FMA meeting. This was the inaugural approval for this agreement by the Board since the Flood Warning System was transferred to the Authority from Washoe County on July 1, 2010.

2013: TRFMA Board of Directors approved the JFA in the amount of $95,491 at the August 9 FMA meeting.

2014: RFMA Board of Directors approved the JFA in the amount of $95,491 at the June 13 FMA meeting.

2015: TRFMA Board of Directors approved the JFA in the amount of $95,491 at the June 12 FMA meeting

2016: TRFMA Board of Directors approved the JFA in the amount of $91,891 at the June 10 FMA meeting

2017: TRFMA Board of Directors approved the JFA in the amount of $114,220 at the June 8 FMA meeting

FISCAL IMPACT

The fiscal impact of approving the USGS JFA would be an expenditure of $114,720 for the fiscal year. Funds from the 1/8-cent sales tax will be used to support this contract under the FMA FY18-19 budget item for Service Contracts. RECOMMENDATION

It is recommended that the TRFMA Board of Directors approve and authorize the Executive Director to execute the Joint Funding Agreement with the USGS in the amount of $114,720 for continued operation and maintenance of USGS gages that support the Flood Warning System. POSSIBLE MOTION

Motion to approve and authorize the Executive Director to execute the Joint Funding Agreement with the USGS in the amount of $114,720 for FY18-19 operation and maintenance of stream and precipitation gages that support the Flood Warning System. ATTACHMENTS Attachment 1-JFA with USGS EE

Page 39: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

Exhibit A JFA Gage Location Map

Donner Creek

Truckee

Mogul Reno

Vista

N. Truckee Drain

Tracy

Short Lane

Steamboat Creek

Truckee River Flood Management Authority

Page 40: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 41: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 42: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 43: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 44: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 45: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018
Page 46: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

AGENDA ITEM #2C

BOARD OF DIRECTORS STAFF REPORT

MEETING DATE: June 8, 2018

DATE: June 1, 2018

TO: Members of the TRFMA Board of Directors

FROM: Michael Wolz, General Counsel, TRFMA, 850-7475, [email protected] SUBJECT: Proposed Amendment to the Agricultural Lease with Frank and Joanne Ferrari that

extends its term to December 31, 2019 and authorizes assignment of the Lease from Frank and Joanne Ferrari to Ferrari Farms LLC.

Discussion It is recommended that the Board of Directors approve an Amendment to the Agricultural Lease with Frank and Joanne Ferrari that retroactively extends the term of that Lease for three years from January 1, 2017 to December 31, 2019. The amendment also authorizes the assignment of the Agreement from Frank and Joanne Ferrari to Ferrari Farms LLC. No other terms or provisions of the Agricultural Lease are changed by the proposed Amendment. The Ferrari Farm property was purchased by the Nevada Land Conservancy on behalf of Washoe County on December 7, 2005. The purchase was conditioned upon the execution of two other agreements: a Residential Lease for the home that is still occupied by Frank and Joanne Ferrari, and the Agricultural Lease for the farm property surrounding the home. All three Agreements, together with title to the underlying property, were transferred to TRFMA on June 28, 2012. The Agricultural Lease provided for an “Initial Term” of two years up to December 31, 2008, after which the Lease automatically renewed for a one year term upon the expiration of each of the previous terms. However, the maximum duration of the Initial Term and the Renewal Term combined could not exceed ten years. The Agricultural Lease was entered into prior to the creation of the TRFMA. Because of the automatic renewal provision neither party was aware that the total maximum term of the lease had passed on December 31, 2016, and continued to perform under the terms of the Lease for the 2017 growing season. The development of the Truckee River Flood Protection Project has moved forward more slowly than anticipated, and both parties desire to continue the lease arrangement so that the property will be properly maintained and the Ferraris can continue to make productive use of the property on which they still live pursuant to the Residential Lease. It is therefore proposed that the Agricultural Lease be extended for three years retroactively from January 1, 2017. The assignment of the Agricultural Lease is requested to assist the Ferraris in the operation of the property and acquisition of insurance coverage. There is no fiscal impact to TRFMA as a result of the extension of the term of the Agricultural Lease. The Agricultural Lease may be terminated by TRFMA by giving notice within the 60 day period preceding the commencement of any Renewal Term, i.e., from November 1 to December 31.

Truckee River Flood Management Authority

Page 47: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

Flood Management Authority – June 8, 2018 Page 2 of 2

PREVIOUS ACTION December 7, 2005: Frank and Joanne Ferrari entered into an Agreement for the Purchase and Sale

of Real Property with the Nevada Land Conservancy. That Agreement was subsequently assigned to Washoe County for the benefit of the Truckee River Flood Management Project. The Ferraris and Washoe County entered into the Agricultural Lease as a condition of the Agreement for the Purchase and Sale of Real Property.

December 29, 2006: The Agricultural Lease between the Ferraris and Washoe County became

effective. March 11, 2011: The Truckee River Flood Management Authority was created by Interlocal

Cooperative Agreement between Washoe County, the City of Reno and the City of Sparks.

June 28, 2012: The Agreement for the Purchase and Sale of Real Property and the associated

Agricultural Lease are transferred and assigned by Washoe County to the Truckee River Flood Management Authority.

December 31, 2016: The Agricultural Lease terminated pursuant to its terms. FISCAL IMPACT There will be no fiscal impact as a result of approving the Amendment to the Agricultural Lease. RECOMMENDATION It is recommended that the Board of Directors approve the Amendment to the Agricultural Lease. POSSIBLE MOTION Should the Board agree with staff’s recommendation, a possible motion would be: “Move to approve the Amendment to the Agricultural Lease between the Truckee River Flood Management Authority and Frank and Joanne Ferrari.” Attachment: Amendment to Agricultural Lease. MW

Page 48: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

1

AMENDMENT TO AGRICULTURAL LEASE

THIS AGREEMENT is between: “TRFMA” Truckee River Flood Management Authority 9635 Gateway Drive, Suite A Reno, Nevada 89521 and “Lessees” Frank and Joanne Ferrari 4701 Mill Street Reno, Nevada 89502 1. On December 7, 2005 Lessee entered into an Agreement for the Purchase and Sale of Real property

with the Nevada Land Conservancy. That Agreement for the Purchase and Sale of Real Property was subsequently assigned to Washoe County for the benefit of the Truckee River Flood Management Project.

2. Lessee and Washoe County entered into an Agricultural Lease dated December 29, 2006 as a

condition of the Agreement for Purchase and Sale of Real Property. Title to the underlying property, together with the rights to the Agricultural Lease, was transferred to TRFMA on June 28, 2012.

3. The Term of the Agricultural Lease was ten years, including both the initial term and automatic

renewal terms. The development of the Truckee River Flood Management Project has proceeded more slowly than anticipated, however, and TRFMA desires that Lessee remain on and continue to maintain the property per the provisions of the Agricultural Lease.

NOW THEREFORE, in consideration of the promises contained herein, the parties agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Amendment to the Agricultural Lease shall be January 1, 2017, the date of the signatures notwithstanding. ARTICLE 2 – TERM OF AGREEMENT EXTENDED Paragraph 3, Automatic Renewal Term, shall be amended to read: “The Lease shall be automatically renewed for a term of one (1) year upon expiration of the Initial Term and upon the expiration of any previous renewal term (all such renewals collectively referred to herein as the ‘Renewal Term’), unless sooner terminated as hereinafter provided; however, that the maximum duration of the Initial Term and the Renewal Term combined (the “Lease Term”) shall not exceed thirteen (13) years to December 31, 2019.” ARTICLE 3 – ASSIGNMENT AND SUBLETTING

Page 49: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

2

Paragraph 18, “Assignment and Subletting” shall be amended to read: “Lessee may assign, and hereby does assign, transfer and convey to the Ferrari Farms LLC all of the Lessee’s rights, title and interest in and delegates all of Lessee’s duties, obligations and liability under the Agricultural Agreement to Ferrari Farms LLC. Ferrari Farms LLC unconditionally assumes and shall promptly, fully, completely and faithfully keep, fulfill, observe, perform and discharge each and every past, present and future covenant and obligation that may accrue and become performable, due or owing under the Agricultural Agreement to be performed on the part of the Lessees. Lessees are not released from any obligation or duty arising under the Agricultural Agreement, or from any actions, causes of action, suits, debts, damages, expenses, or whatsoever, in law or equity that may arise from nonperformance of the Agricultural Agreement by Ferrari Farms LLC.” TRFMA hereby consents to the Assignment of the Agricultural Agreement to Ferrari Farms LLC, but does not release Lessees from any duties or obligations under the Agricultural Lease. The Assignment of the Agricultural Lease applies to the Agricultural Lease only, and does not apply to or alter any of the terms, duties or obligations found in the Agreement for Purchase and Sale of Real Property or the Residential Lease between Lessees and TRFMA. Lessees may not make any other assignment of the Agricultural Lease other than to Ferrari Farms, LLC or sublet any part of the Leased Property. Ferrari Farms LLC may not assign this Agricultural Lease or sublet any portion of the Leased Property. ARTICLE 4 – OTHER TERMS UNCHANGED

All other terms and provisions of the Agricultural Lease Agreement shall remain unchanged and are not amended by this Amendment to the Agricultural Lease.

IN WITNESS WHEREOF, the parties have executed this Agreement. Lessees By: _____________________________ Date: ______________________

Frank and Joanne Ferrari

Assignee

By: ____________________________ Date: ______________________ Frank Ferrari, Jr., Managing Member Ferrari Farms LLC TRFMA By: ___________________________ Date: _______________________

Ron Smith, Chair Truckee River Flood Management Authority

Page 50: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

PurchaseOrder Contractor Encumbrance Status of Contract Assigned to

ENCUMBRANCES   General Fund     Professional and Contract Services

15021 Kaempfer Crowell 26,509.80$         Legal counsel through 12/31/18 M. Wolz16016 FCS 14,499.93           Ongoing rate study through 12/31/18 J. Aldean17014 Fennemore Craig 114,993.10         Legal counsel through 7/1/2019 M. Wolz18008 Alexander Aaron & Assocs 12,732.29           Engineering consulting services through July 2, 2018 J. Aldean18009 Ruth Villalobos & Assocs 8,454.52             Engineering consulting services through July 2, 2019 J. Aldean18010 USGS 31,364.00           Cooperative monitoring program through 6/30/2018 E. Evans18011 Sosu.TV 1,958.70             Video production and broadcast of FMA meetings L. Bayer18022 Hobbs Ong 6,200.00             Financial analyst services for Fiscal Solutions, LLC J. Aldean18025 Fiscal Solutions 21,354.99           Financial consulting services through 5/31/2018 J. Aldean18027 Strategic Communications 24,189.30           Consulting services through 3/5/2019 J. Aldean

2013008 HDR 103,829.14         Ongoing engineering services J. Aldean2015004 Wendy Broadhead 13,411.25           Ecological consulting services through 6/30/18 D. Henderson2016010 Marcus Faust 25,084.99           Lobbyist services and travel June 2017 ‐ May 2018 M. Wolz2017001 HDR 94,721.74           Ongoing phasing study J. Aldean2017003 KPS3 21,540.53           Public relations services through 4/13/19 J. Aldean2017004 Kathy Garcia 5,850.00             Accounting services through 12/31/18 L. Williams2017006 The Ferraro Group 7,500.00             Lobbyist services through 5/31/18 J. Aldean

534,194.28                       

    Web Site Operations17006 Calvert Photography 2,500.00             Open order for on‐demand photo documentation D. Henderson18016 Bank of America 40.00                   Monthly payments to Media Temple for web hosting D. Henderson18019 509 Creative 3,536.00             Website maintenance and upgrades D. Henderson

6,076.00                           

Truckee River Flood Management AuthoritySummary of Outstanding Encumbrances 

as of April 30, 2018

Page 1

Page 51: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

PurchaseOrder Contractor Encumbrance Status of Contract Assigned to

Truckee River Flood Management AuthoritySummary of Outstanding Encumbrances 

as of April 30, 2018

     Maintenance and Repair Expenditures17007 Reno Green Landscaping 1,584.02             Landscape services, Excel, through October 2018 E. Scheetz18003 Reno Green Landscaping 368.00                 Landscape services, Co‐Op, through June 2018 E. Scheetz18006 Qual‐Econ USA 1,200.00             Janitorial Services through June 2018 L. Williams18023 Keeler Tree Service 7,750.81             Tree trimming and other, through December 2018 E. Scheetz

10,902.83                         

     Network and Data Line Services18001 Charter Communications 1,591.90             Internet service through 6/30/2018 L. Williams

     Copy Machine Expenditures2016008 Canon 10,717.87           Machine rentals through 5/31/2020 L. Bayer

     Property Leases18005 LJ Capital Investment 6,675.00             Gateway office lease through 6/30/2018 L. Williams

     Landline Telephone Service18002 Allstream 431.41                 Telephone service through 6/30/2018 L. Williams

   Total, General Fund 570,589.29        

   Capital Projects Fund     RSIC Levee/Floodwall Expenditures

2016012 Interpretive Gardens 1,040.00             Ongoing landscape consulting E. Scheetz2017005 Interpretive Gardens 4,703.00             For landscape maintenance through April 2018 E. Scheetz

5,743.00                           

Page 2

Page 52: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

PurchaseOrder Contractor Encumbrance Status of Contract Assigned to

Truckee River Flood Management AuthoritySummary of Outstanding Encumbrances 

as of April 30, 2018

     Land Improvements18024 Lisa Monroe & Associates 3,400.00             Demolition of structure at 5205 Mill St E. Scheetz18026 Atkins 3,104,726.64     Design engineering services, Vista Narrows E. Scheetz

3,108,126.64 

   Total, Capital Projects Fund 3,113,869.64    

TOTAL ENCUMBRANCES 3,684,458.93    

OTHER AGREEMENTS   United States Army Corps of Engineers Maximum $1.5 million study cost; 50% TRFMA J. Aldean      Truckee Meadows Project Comparison Study 650,000.00         match is $750,000, of which $100,000 has been paid

      Preconstruction Engineering and Design Maximum $6.5 million project; 35% TRFMA match is J. Aldean1,655,769.00 $2,275,000, of which $619,has been paid

   FEMA Grant $332,750 funding award; 25% TRFMA match is E. Scheetz      Demolition ‐ 5205 Mill Street 82,750.00           $82,750; project ends 10/30/18

TOTAL OTHER AGREEEMENTS 2,388,519.00    

TOTAL OUTSTANDING OBLIGATIONS 6,072,977.93$  

Page 3

Page 53: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

FIVE YEAR CAPITAL IMPROVEMENT PLAN (Per NRS 354.5945) ENTITY: Truckee River Flood Management AuthorityMinimum level of expenditure for items classified as capital assets $5,000 DATE: 5/31/18Minimum level of expenditure for items classified as capital projects $5,000

FY 2018-2019 FY 2019-2020 FY 2020-2021 FY 2021-2022 FY 2022-2023Fund: Capital Projects

Capital Improvement: Rock to McCarran Projects 6,800,000 - - - -

Funding Source: Sales Tax Distribution - Washoe CountyPossible Property Tax, Possible Tax Debt

Completion Date: 6/30/2045

Fund Total 6,800,000$ 6,800,000 - - - -

FY 2018-2019 FY 2019-2020 FY 2020-2021 FY 2021-2022 FY 2022-2023Fund: Capital Projects

Capital Improvement: Building Demolition 189,750 - - - -

Funding Source: Sales Tax Distribution - Washoe County

Completion Date: 6/30/2019

Fund Total 189,750$ 189,750 - - - -

FY 2018-2019 FY 2019-2020 FY 2020-2021 FY 2021-2022 FY 2022-2023Fund: Capital Projects

Capital Improvement: Engineering & Preliminary Design, Greg-McCarran 2,854,000 - - - -

Funding Source: Sales Tax Distribution - Washoe County

Completion Date: 6/30/2019

Fund Total 2,854,000$ 2,854,000 - - - -

9,843,750 - - - -

List of Funding Sources: Property Tax - Gen. Revenues Charges for Services Debt Grants Other ( Please Describe)

CIP 1 1

Page 54: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

FIVE YEAR CAPITAL IMPROVEMENT PLAN (Per NRS 354.5945) ENTITY: Truckee River Flood Management AuthorityMinimum level of expenditure for items classified as capital assets $5,000 DATE: 5/31/18Minimum level of expenditure for items classified as capital projects $5,000

FY 2018-2019 FY 2019-2020 FY 2020-2021 FY 2021-2022 FY 2022-2023Fund: Capital Projects

Capital Improvement: Ballpark Bank Stabilization - - 4,075,000 4,202,000 -

Funding Source: Sales Tax Distribution - Washoe CountyPossible Property Tax, Possible Sales Tax Debt

Completion Date: 6/30/2022

Fund Total 8,277,000$ - - 4,075,000 4,202,000 -

FY 2018-2019 FY 2019-2020 FY 2020-2021 FY 2021-2022 FY 2022-2023Fund: Capital Projects

Capital Improvement: Downstsream Mitigation - - 5,337,000 5,497,000 -

Funding Source: Sales Tax Distribution - Washoe CountyPossible Property Tax, Possible Sales Tax Debt

Completion Date: 6/30/2022

Fund Total 10,834,000$ - - 5,337,000 5,497,000 -

FY 2018-2019 FY 2019-2020 FY 2020-2021 FY 2021-2022 FY 2022-2023Fund:

Capital Improvement: Hidden Valley Home Elevation Projects - 629,000 648,000 668,000 688,000

Funding Source: Sales Tax Distribution - Washoe CountyPossible Property Tax, Possible Tax Debt

Completion Date: 6/30/2045

Fund Total 2,633,000$ - 629,000 648,000 668,000 688,000

31,587,750 9,843,750 629,000 10,060,000 10,367,000 688,000

List of Funding Sources: Property Tax - Gen. Revenues Charges for Services Debt Grants Other ( Please Describe)

CIP 1 2

Page 55: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

FIVE YEAR CAPITAL IMPROVEMENT PLAN (Per NRS 354.5945) ENTITY: Truckee River Flood Management AuthorityMinimum level of expenditure for items classified as capital assets $5,000 DATE: 4/20/18Minimum level of expenditure for items classified as capital projects $5,000

FY 2018-2019 FY 2019-2020 FY 2020-2021 FY 2021-2022 FY 2022-2023Fund: Capital Projects

Capital Improvement: Benching - Vista Narrows and Steamboat - - - - 14,136,000

Funding Source: Sales Tax Distribution - Washoe CountyPossible Property Tax, Possible Tax Debt

Completion Date: 6/30/2028

Fund Total 14,136,000$ - - - - 14,136,000

FY 2018-2019 FY 2019-2020 FY 2020-2021 FY 2021-2022 FY 2022-2023Fund:

Capital Improvement: Wells Ave Pedestrian Bridge, demo & replacement - 419,000 1,040,000

Funding Source: Sales Tax Distribution - Washoe CountyPossible Property Tax, Possible Sales Tax Debt

Completion Date: 6/30/2023

Fund Total 1,459,000$ - - - 419,000 1,040,000

FY 2018-2019 FY 2019-2020 FY 2020-2021 FY 2021-2022 FY 2022-2023Fund:

Capital Improvement:

Funding Source:

Completion Date:

Fund Total -$ - - - - -

47,182,750 9,843,750 629,000 10,060,000 10,786,000 15,864,000

List of Funding Sources: Property Tax - Gen. Revenues Charges for Services Debt Grants Other ( Please Describe)

CIP 1 3

Page 56: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

Capital ProjectsGeneral Fund Fund Total

Assets   Cash 59,470$                        ‐$                              59,470$                       

Investment Pool 21,594,203                  8,614                            21,602,817                 Assets Held by Washoe County

ICA Reserve 106,901                        ‐                                106,901                       Cash Held for Encumbrances ‐                                ‐                                ‐                               

Interest  and Other Receivables 65,530                          ‐                                65,530                         Due from Other Governments 73,203                          ‐                                73,203                         Prepaids and Security Deposits 57,498                          ‐                                57,498                         Total Assets 21,956,805$                8,614$                          21,965,419$               

Liabilities and Fund BalanceLiabilities

Accounts Payable 81,547$                        30$                               81,577$                       Salaries Payable 44,726                          ‐                                44,726                         Deposits and Advance Payments 7,500                            5,000                            12,500                         Total Liabilities 133,773                        5,030                            138,803                       

Fund BalanceNonspendable 172,446                        ‐                                172,446                       Restricted ‐                                3,584                            3,584                           Committed 3,756,841                    ‐                                3,756,841                   Assigned 5,042,053                    ‐                                5,042,053                   Unassigned 12,851,692                  ‐                                12,851,692                 Total Fund Balance 21,823,032                  3,584                            21,826,616                 

Total Liabilities and Fund Balance 21,956,805$                8,614$                          21,965,419$               

Truckee River Flood Management AuthorityCombining Balance Sheet ‐ General Fund and Capital Projects Fund

April 30, 2018

Page 1

Page 57: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

Current Y‐T‐DMonth Budget Actual Variance

RevenuesIntergovernmental

Net Sales Tax ‐ Washoe County 625,223$                 8,355,000$              7,217,274$              (1,137,726)$           Miscellaneous Revenues

Investment Income 23,896                      100,000                   253,107                   153,107                  Rental Income 3,937                        15,500                      11,813                      (3,687)                     Reimbursements 170                           1,000                        850                           (150)                         

Total Revenues 653,226                   8,471,500                7,483,044                (988,456)                 

ExpendituresCurrent   Public Safety

Salaries and Wages 64,232                      784,100                   654,271                   129,829                  Employee Benefits 33,533                      362,700                   350,439                   12,261                     Services and Supplies     Professional Services 105,724                   3,870,100                884,362                   2,985,738                    Overhead Paid to Washoe County 6,701                        80,400                      67,011                      13,389                          Other 50,579                      541,800                   294,004                   247,796                  

Total Expenditures 260,769                   5,639,100                2,250,087                3,389,013               

Excess (Deficiency) of Revenues Over Expenditures 392,457                   2,832,400                5,232,957                2,400,557               

Other Financing Sources (Uses)Transfers     Transfers (to) from Capital Projects Fund ‐                            (7,945,000)               (830,000)                  7,115,000               

Net Change in Fund Balance 392,457                   (5,112,600)               4,402,957                9,515,557               Beginning Fund Balance 21,430,575              17,185,460              17,420,075              234,615                  Ending Fund Balance 21,823,032$           12,072,860$           21,823,032$           9,750,172$             

Truckee River Flood Management AuthorityGeneral Fund ‐ Statement of Revenues, Expenditures and Change in Fund Balance

For the Ten Months Ended April 30, 2018

Page 2

Page 58: Truckee River Flood Management Authority€¦ · 08/06/2018  · Meeting Agenda Book June 8, 2018 . Truckee River Flood Management Authority Board of Directors Meeting June 8, 2018

Current Y‐T‐DMonth Budget Actual Variance

RevenuesMiscellaneous Revenue

Federal Grants ‐$                              112,500$                 ‐$                              (112,500)$               Investment Income ‐                                1,500                        ‐                                (1,500)                     Reimbursements ‐                                13,000                      ‐                                (13,000)                   

Total Revenues ‐                                127,000                   ‐                                (127,000)                 

ExpendituresCurrent   Public Safety

Services and Supplies     Professional Services ‐                                ‐                                112,174                   (112,174)                      Payment to Other Agencies ‐                                ‐                                619,231                       Other 159                           1,163,550                6,868                        1,156,682               Capital Outlay ‐                                6,909,750                115,905                   6,793,845               

Total Expenditures 159                           8,073,300                854,178                   7,838,353               

Excess (Deficiency) of Revenues Over Expenditures (159)                          (7,946,300)               (854,178)                  7,711,353               

Other Financing Sources (Uses)Transfers In from General Fund ‐                                7,945,000                830,000                   (7,115,000)              

Net Change in Fund Balance (159)                          (1,300)                      (24,178)                    596,353                  Beginning Fund Balance 3,743                        7,074                        27,762                      20,688                     Ending Fund Balance 3,584$                     5,774$                     3,584$                     617,041$                

Truckee River Flood Management AuthorityCapital Projects Fund ‐ Statement of Revenues, Expenditures and Change in Fund Balance

For the Ten Months Ended April 30, 2018

Page 3