Recently I received the above titled document from The Corps of Engineers headquarters in Washington D.C.  A poster from Plumas Lake, Jeff Phinney who is also a Trustee of RD 784, insists that the State of California Flood control agency, which used to be called the State Reclamation Board, has the Authority to Certify RD 784 Levees to be accredited as 100 year levees by the FEMA.

That belief is untrue as shown by the Corps Directive above. Under 6 b. (1) “Corps will provide Levee certification determinations for Levees it operates and Maintains. Under 6 b. (2) ” Corps has authority to provide Levee certification determinations for Levees in the Corps  inspection of completed works ( ICW ) program”.Agreements between Corps and State and Local Government must also involve Federal assistance from another Agency.”

The RD 784 Levees as far as I know are not Operated or Maintained by the Corps of Engineers and I have never seen mentioned the existence of a ( ICW ) Program, nor have I read of another Federal agency being involved with federal assistance in the TRLIA levee works. The conclusion that must be drawn is the RD 784 levees are not certified as 100 year Levees as required before FEMA can accredit them as such.

State of California Government Law, Code 87100 is Clear and unambiguous in its short to the point wording to prevent Local and State Government Officials from taking advantage of their Positions in office to vote for business’s self interest projects in the Officials District controlled by the official, while having accepted monetary gain from the  Business. This is not a FPPC law, but a State Government code law!

According to TRLIA minutes of a meeting dated July 5,2005, under Action Item # D ” Phase 11 Construction Award contract to Nordic Industries inc. for phase 11 Construction for Bear River, Western Pacific Interceptor canal, Yuba River Levee repair and Olivehurst Detention  basin Construction, and authorize Chairman to execute same upon Review and approval of County Counsel.

From The Elect Dan logue 497 form, shows Nordic Industries contributed $ 5,000 to Logues campaign.

According to  (TRLIA ) Minutes of a Special Agenda Meeting under Action Items#  C ,” Approve Advance Funding and credit agreement with Reynan & Bardis, Regarding Woodbury Specific Plan and authorize Chairman to execute same. Present at the Meeting were TRLIA directors Rick Brown, Mary Jane Griego, Dan Logue, Richard Webb.

From the California Form 497 of Elect Dan Logue, dated 5-30-06 shows a listing of Reynen  & Bardis Communities , Inc. Contribution to Elect Dan Logue Campaign of $ 5,000.

Under Action Items D, on the same date, Approve Contract with Nordic Industries, inc. for construction of the Bear River setback levee embankment and authorize Executive Director to execute same. The Award was for $ 19,895,075.

From the California Form 497 of Elect Dan Logue, dated 5-28-06, shows a listing of Nordic Industries , Inc. in contribution of $5,000 .

According to the Minutes, Dan Logue was present during the Meeting with no notations of Him leaving the Meeting  , the action items passed giving Both Nordic Industries Inc, Reynen & Bardis, & Logue all  monetary gain’s from the Actions.

There are Several other Business’s who donated money to logues Campaign that finally reached 130,000 dollars against my $6,000, and he still only got 34 votes on paper than I got!

A group of People in the 1980’s devised  a plan to remove the California Voters constitutional right to select from a Varied group of Citizens a person the Voters wanted to Hold a County office, the Sheriffs Office. The Constitution established in 1879,  forbid any Group or Individual to be placed into any Office by a Legislated Statute, thus protecting the Voters from any  special Group seeking to take control of the Local County Constitutional Offices. The Only legal way for the Group to bring that to bear was to get 2/3 of the State Voters to vote in favor of giving the group sole title to the Sheriffs constitutional office, a low if any possibility. The Group went to the Legislature and convinced them they should enact a statute with requirements that eliminated all Voters save Law Enforcement people and thereby gain sole control of the Important Office  in 1989. The Statute the Group and The Legislature created was ss 24004.3.

24004.3 was a conflict with article 2 section 12 of Our State Constitution and Civilian Voters in various County’s applied to County Clerks for their Constitutional Right to Seek and hold office in their home county as guaranteed by the State Constitution but were refused Papers to Run unless they met the Law Enforcement Group requirements under ss 24004.3, 1989, the Statute was Challenged  in Santa Clara County Rawls v. Zamora, Los Angales County, and Yuba County.

The L.A. challenge was refused by the County, The Santa Clara Challenge was based on Mr. Rawls Civil Rights under U.S. and State freedom of Speech laws, The Yuba County Challenge was based on The Statute violating The State Constitution, Article 2 section 12, and Article 1 Section 22, and the County refused to issue papers to run citing the ss 24004.3, and telling the challenger he must take the Statute to Court or Get a Judge to say The Statute conflicts with My Rights under The Constitution, thereby making the Challenger prove the Constitution was violated.

The Yuba County Constitutional Candidate contacted the  County Supervisor of his district, the County District Attorney, Fourteen private attorneys , The State Attorney General, The State legislature assemblyman, Rick Keene, and after exhausting all avenues of Government. Yuba County Challenger took his case to the Public through Blogs, And Forums and Meetings.

Challenger says: Article 2 section 12: No Corporation or Individual can be named by statute to Hold any office .” Unambiguous, simplicity at its best.

THE appeal democrat announced today that Sandy Fonley would run for Supervisor of District 1 , The Linda district vacated by Logue. The Appointed man  by the Governor, Andy Vasquez  moved to Linda in 2006 to hopefully run for Logues seat Since he had donated campaign funds to Logue, if Logue ran for Assemblyman but the Governor instead of waiting a year for the 2010 primary where citizens could run for the seat, appointed Vasquez. Another candidate will run also, Ms. Farrel.

The Sheriff is up for election this June, as is The District Attorney, County Clerk, county Auditor and County assessor, all members of what is known as the Elite group, along with appointed upper echelon county employees, that have failed to Audit County entity’s with connections to State Tax and Developer Fees. The County first failed to audit TRLIA after TRLIA was shown to not have audited the 2004, 05, 06 Fiscal years in an open meeting. TRLIA then hired a CPA in 2007 to look back with the help of Chairman Richard Webb and Vice Chairman Dan Logues Memories and produced a mini audit.

The progressive movement in Yuba county that has ruined the county can be stopped now with OTHER candidates Stepping forward to run against these entrenched ,Entitled  people who awarded themselves out landish raises in Pay in 2005,  derived from unknown sources of money, but highly suspected to be the Unaudited State tax funds for our Levee upgrades.

GET OUT THERE AND RUN AGAINST THESE PEOPLE!

I must say, If I had to rely on the Appeal Democrat or The Plumas lake Life Forum to get the news out that I just posted, the false reporting of Levee safety by TRLIA The Appeal democrat who owns the Plumas lake Life forum, and their supporters would have buried the story! This is Major news, showing TRLIA and its controllers got the West Linda Levee “Certified” by Mr. Trainer. P.E. Of the Corps of engineers, who knew or should have known Under the laws of Homeland security’s 44 CFR 65.10, FEMA  and the Corps would not have permitted the False certification had they been made aware of the proceedings.

As stated by the Manager of the nation wide levee safety program, USACE, Does not have the authority to perform levee certification for non federal projects, which are not within a USACE program or part of a study or project, TRLIA was a private Project by a Joint venture as has been stated hundreds of times. The USACE laws of Levee certification have as their mantelpiece, The Federal law, 44 CFR 65.10  according to a letter from FEMA to Yuba County February 8 ,2008, Says: For the purposes of National Flood Insurance Program ( NFIP ) mapping, FEMA only recognizes in its flood hazard and Risk Mapping effort those levees that meet and continue to meet, the Minimum design, Operation and maintenance Standards  specified in NFIP  regulations adopted in 1986 in Title 44 CFR 65.10

Another Major misstated page of Yuba County Unincorporated Levee status published June 23, 2008 showing levees status via Location and possible flooding source has several mistakes, too many to be ignored since they could cause a false certification by officials who rely on Local officials listings.

An example: Levee # 6069 is the Levee Known as the South bank of the Yuba River, the Status shows the Levee as a  USACE  Program levee, and shows the River that is a flooding source is the Feather River Levee, a River that does not run near the Yuba River levee, and the Yuba River Levee is not a program levee! Levee # 6072,6084, are on the Western Interceptor Canal, 6085, 6087 are on the Bear River, all Four are listed as Project Levees and are shown with a flooding Source of the Feather River but like the Yuba River, they are listed wrong.

It is hard to understand people who have the Power to access the Plumas lake Life and appeal Democrat print only search for a way to Discredit the Messenger instead of making the Unknowing citizens living behind the Certificated Levees aware of Corps Headquarters directives to Corps District offices in 2005.

Certain Posters have stated the Corps of Engineers Certification in 2007 meets FEMA requirements for their accreditation of the Levees. They state the Corps has the authority to certify levees such as the 2007 certification of three levee reaches in RD 784 by the Sacramento District. At the time of the certification citizens knew the West Linda levee had a slump in the top and side, had Giant boulders embedded in the levee that leaked during high water and not being Tamped down. TRLIA management Dan Logue and Richard Webb insisted the Levee was safe and according to Logue the Levee “Was just a seepage issue”, but it is to be remembered that Logue was on the search for Higher  office and he used the certification as a stepping stone, as well as finding a source of Money to keep Yuba county from laying off employees.

Where can the Money come from that is not available the rest of the year? It was found that TRLIA had been awarded grants and fees to upgrade the West Linda levee, but they only upgraded One third of the levee, could the rest of the Money not needed be the source of Logues finding money to keep the County solvent?  In recent months The County administrator has “Found” millions of Dollars for needed items, should not we become suspicious about the “Found ” Money?

At any rate, I contacted the Corps headquarters and inquired if the West Linda Levee is certified or not, I was told since the Levee upgrade was not a Corps project , the Corps could not certify it. That pretty well settles the question, The Levee is not certified. Further, Since the Corps certified the Bear river Levee and the Interceptor Canal Levees, they also are not certified.

Someone asked me why would TRLIA ask the corps to certify the Levees and I have no answer for that, I am sure the Engineers connect to TRLIA, Ric Reinhardt of MBK and Paul Brunner Of TRLIA, Both Professional Engineers were aware of the requirements for FEMA accreditation and Corps Certification, so it appears the Two Engineers should be asked that question. Not only are the three reaches certified by the Sacramento District are not legal as far as corps rules, but the New setback Levee on the feather River can not be certified by the corps either. The Corps can only certify the levees they operate and maintain and none of the RD 784 levees are corps owned and operated.  What does this mean for the 218 election recently? the Levees are no longer certified, why have TRLIA who messed up the Levee work and certification get paid for more of the Levee mess?

Recently in 2009, a group of Officials and a few Citizens met at the Feather River Set back levee to celebrate the Completion of the RD 784 levee upgrades started in 2004. This long awaited occassion has been heralded as the culmination of the TRLIA program listed by TRLIA project engineer Ric Rinehart who stated in a letter to Yuba County that the Completion in 2008 would signal the 200 year level levees are done!  Over the ensuing years from 2004 TRLIA lost major support from the developers and had to resort to State tax bonds Funds and taxing the Citizens of Yuba county so Housing could be placed in the Deep flood retention areas of Plumas lake.  Now comes the time for TRLIA to get an Engineer to certify to FEMA that the Levee system of RD 784 is completed.

RD 784 district ends at Simpson Lane Road and the remaining extended levee known as the Maintenance Area # 8  is controlled and maintained by The State, having no bearing on RD 784 at all due to the higher ground in the area. Run over from High Flood water in the Yuba does not reach in volumn, that area. Any plans TRLIA or Yuba County have for the Maintenance area is pure Expansion of sphere for Funding or other gained benefits.

The System is Complete, but it does not meet 44 CFR 65.10 Federal law requirements as stated in a letter to Yuba County dated February 6, 2008, from FEMA Engineer Eric Simmons saying ” For the purposes of National Flood Insurance Program ( NFIP)  mapping FEMA only recognizes in its flood hazard and risk mapping effort those levees that meet and Continue to meet the minimum design, operation and maintenance standards specified in the NFIP regulations adopted in 1986, in Title 44 of the code of federal regulations  ( CFR ), section 65.10 ( 44 CFRV 65.10) .

As mentioned above , RD 784 district ends at simpson lane road, and was completed in 2006, the Bear River Levees and Interceptor canal levees as well as the Yuba River Levees have all been stated as Completed. The Corps only has to certify the Feather River reaches and RD 784 according to TRLIA project Engineer Ric Rineharts letter,  is done. Why does TRLIA stall in getting a professional Engineer such as Thomas  Trainer to Certify the levees as 200 year levees?  Not meeting 44 CFR 65.10 federal regulations , but Certified under the Sacramento River Flood Control , or other such Professional engineer?

Under a US army Corps Fact sheet dated 10-2-06 , under the heading USARMY CORPS OF ENGINEERS AUTHORITY and Funding Guidence, written by Tammy L. Conforti P.E., Levee safty Program manager Headquarters , U.S. Army Corps of Engineers Page 2, section 4 line f.  Is stated the following: USACOE does not have the authority to perform levee certification for non-Federal projects.  That is as plain as it can be said.

Recently I posted on Yuba Foothills Forum that wioth the annoucement by Yuba County that the Yuba river levees no longer Protect the South county from floods  and I posted since the Corps of engineers in 2007, certified the Yuba River levees from Hiway 70 to Simpson lane Road as 100 year levees, that announcement by Yuba county must mean they no longer believed the Certification by the Corps was good. Posters stated that Yuba county did not mean the West and East linda levees , they meant the levees beyond Simpson lane Road that Is known as Maintenance area # 8. I posted that the Maintenance area had never been certified as anything for the safety of RD 784 citizens and therefore could not be the levees spoken of By Yuba County as no longer protecting the Citizens.

Why did Yuba County make such a statement saying the West and East Linda levees certified by the Corps Mr. Robert Trainer, P.E. May the 8th, 2007, no longer protected the Citizens of RD 784 and surrounding areas?  What was found out or known by Officials that made a statement like that paramount?

My personal thought at the time was Yuba County had finally come to realize the Boulders in the 1986 levee break site had great gaping holes between them that permitted high water in 1995-96 to flow through them and into the Scour trench dug out by the 1986 Flood water, and decided to Fix the break site properly, or they had realized the 2007 certification by Mr. Trainer, P.E.  had been certified under the authority of the Sacramento River Flood Control System and not under the Federal FEMA/CORPS/Homeland security 44 CFR 65.10, as required for FEMA accreditation of Levees, as stated By FEMAs Eric Simmons P.E., Letter dated February 19, 2008  to YOLO county telling them, ” For the purpose of  NFIP mapping, FEMA only recognizes in its flood hazard and Risk-mapping effort only those levees that meet 44 CFR 65.10.”

But the word on the street says Yuba County stated the Levees no longer protect RD 784 in order to get more state grants to upgrade the Maintenance area 8 , levees which if true, is a surprise to me as a former President of RD 784, I know that the Mantenance area #8  is in no danger of a levee break and if there is a Seepage area  on that reach, it could be mitigated with a spot repair as TRLIA just completed at the Lower most reach of the Yuba River.

It appears TRLIA has decided to get the RD 784 levees certified under the authority of the  Sacramento River flood control system and not under the FEMA, 44 CFR 65.10, required for NFIP Mapping,  and it also appears TRLIA has given up on getting FEMA to accredit the RD 784 levees to hopefully lower Insurance rates for Flood zones. That bears watching and why did TRLIA not tell the People of RD 784 they were not getting the west Linda levee certified under 44 Cfr 65.10, as I said back in 2007? I think someone better make this known before citizens have to find out for themselves , that is never good for sitting politions and their appointees.

On the 2nd page of the Letter the Corps Mr. Trainer P.E. in the 2nd paragraph, he states he is letting TRLIA slide on the Federal Laws required before his certification meets 44 CFR 65.10, but he tells them, in the Future any certifications must meet 44CFR65.10. 

In a letter to YOLO county dated 2-19-08, FEMA district Engineer Eric Simmons, P.E. told the County Only Levees that meet and continue to meet 44 CFR 65.10  (1986) will be recognized by FEMA .

 

TRLIA after three years of telling state boards, newspapers , radio stations, the west Linda levee has been certified by the Corps of Engineers and is completed, now started to Flatten the waterside of said levee this week of october, 11, 2009!  TRLIA and many PLumas lake defenders of TRLIAs work denyed any work was needed even though the state Relamation Board had issued, at TRLIAs request, a encroachment permit 18095GM to do the work I and others knew was needed because The State reclamation Board Chief engineer, the Corps of engineers western Division Chief Engineer and Kleinfelder Engineering  firm hired by Yuba Country to determine the condition of  said levee all agreed the work needed done.

Why was the work not done? I asked the State Reclamation board why and they said because TRLIA had not sent in design drawings for the work!  TRLIA had in fact sent in design Drawings for work on the permit for the East linda portion of the permitted levee work, but someone stopped the work on the waterside from being done. Who had that authority? Only the Chairman of TRLIA Richard Webb and Vice Chairman Daniels Logue had that authority! what was  their motive?  the Developer funds and state Fish & Game tax funds were in hand to do the work, what happened?

It was learned after this that TRLIA had not permitted audits of the funds in 2004,05, 06 and 07 and the Multi millions were not transparent to citizens and to this day, still are not.  The state department of audits told me TRLIA would send  audited records of the Money dispersal but since TRLIA would not permit an audit , how could TRLIA send a copy to the State?

The state under the PATERNO Ruling  when they took over the Levees in 1942 became the liable agency because the ruling says any defects or failures are the states fault because it is as though the state built the levees. The state has permitted TRLIA to take them in harms way by letting TRLIA have free rein to do with the levees as they chose, and the failure to costruct needed upgrades on encroachment permits especially when TRLIA sent official letters signed by the County Administrator in 2006,  saying the levee was completed and asking for certification! Further, In 2007, the new county administrator signede a officvial request to the FEMA office asking for certification of the same undone levee!

In 2007, I and others brought these and other not done works covered by permits  to the attention of the State, Federals, and Local officials to no avail. we also brought the failure to account for State tax Funds granted as well as Developer fees, to no avail.

I will try to unscramble the statement by TRLIA that the South County no longer has 100 year flood protection. To do that we have to look at what TRLIA done to deserve the 100 year protection. TRLIA was awarded a letter from the Corps of engineers in 2007 stating the Yuba River South bank was a 100 year level levee, this after the Corps knew there had been no Internal structure or base structure inspections by TRLIA, and no work done on the water side of the levee at all.

The County passed a resolution, No. 2009-47  June 2,2009,  stating the Yuba River south Levee protecting the RD 784 and areas of the South county, no longer provides 100 year protection.

The Only Yuba River South bank levees that are certified by the Corps is the East and west Linda levees and from hiway 70 to the Simpson lane Road and the only levee with 100 year level safety certified by the Corps that needs its waterside flattened is the West Linda Levee.

No other part of the Yuba River has been certified as a 100 year levee at any time and any statements to the contrary need documentation. Two RD 784 members, Jeff Phinney and Gary bradford have posted that FEMA estimated the Levee as 100 level in the past, on the other hand local engineers estimated  it at 23 to 26 level of safety.

So, The County after denying for years the West linda levee waterside was defiecient, now seeks funds to do one third of the Needed upgrades they failed to do in 2004, 2005 or 2006.  TRLIA  had no way out of  the Corps letter of certification without following FEMA rules other than saying the “Patrol levee” was no longer 100 year level which some how removed the Corps certification of the east and west Linda levees in 2007!

The “Patrol Levee” has never been certified as any level, TRLIA spun the facts, but it did not fly.

UPDATE!!!  Yuba county Recently passed a resolution in which the board states: “Whereas the Three Rivers Levee Imptovement authority ( TRLIA) has determined that the Yuba River South levee protecting Reclamation District 784 and areas of South county,  no longer provides 100 year flood protection.”

Before spin can be applied, the only certified Yuba River South Levee that is or has been certified as 100 year level and can be referenced to the County resolution is the Section from the Highway 70 bridge to Simpson Lane Road. Nothing above the simpson lane road is certified. Spin is flying as suspected, statements ftom RD 784 members say the levees around RD784 were always 100  year level! said FEMA had cerified them as such!   FEMA does not certify levees.

Having passed that resolution, that means the whole south county, Linda, East Linda, Arboga, Olivehurst and Plumas lake are now in a Flood plain and not protected as stated over the past three years by TRLIA, Why? This is a major admission by Yuba County, why did they state the Corps of engineers certification of 100 year level levee for 10 years, was no longer providing safety?

Nothing has changed levee wise over the past three years, except possible new knowledge from the recent State Department of Water resources drilling at the site of the 1986 levee break, at levee mile marker 0.79, or possibly the results of the Helicopter fly over but,  both of those inspections should have been done in 2006 by the Corps prior to certifying the Levee in 2007.  Why is there no news in the Appeal democrat about this major change of program? Political?

Why has there been no news published in the Plumas lake Life forum since they are directly affected by this Move by the county due to  history prooving that any TD 784 levee break will flood Plumas lake!  The Yuba County administrator Bendorf had sent a letter in 2007 stating the Subject levee was completed and asking for certification while knowing the Water side of the West linda Levee was not worked on at all! Now, what is the County upper management up to!

Do they plan to remove certification of the Corps so they can receive another grant to upgrade the waterside now? They were already paid once for the job, where did that money go? The encroachment permit 18095GM, showed six upgrades needed, Giant boulders to be placed under the highway 70 bridge near the confluence of the Feather river, Cobble stones to be placed near Shad pad, enbedded in the levee 10 feet high, 4 feet deep, Both to protect against erosion, and to flatten the water side of the levee, all on the West linda levee. The other part of 18095GM was to flatten the waterside levee, Place a slurry wall in the center of the levee and construct a triangle sand berm on the east Linda levee.

However, the County only done the Slurry wall, the flattening of the levee waterside and Part of the Triangle sand berm on the east linda levee. The County did no work at all on the west Linda levee. After Citizens brought the undone levee work to the attention of the County Board of supervisors, the state reclamation Board, and Corps of engineers in 2006, The State issued a revised permit seven months after the “complition”  of the Linda levee work , Permit 18095 GM- REV was sent to TRLIA showing only the East linda work on the rev. permit.

Following that, the Corps certified both the Finished east linda levee  and the unfinished west Linda levee as 100 year level levees. This is the same Levee certification the County now says no longer provides protection! What Gives here?

The TRLIA Project status report dated August 17, 2009 states under LEVEE DESIGN AND CONSTRUCTION WORK:

1. a. TRLIA has submitted a $ 67 Million application to DWR for this Fiscal year ( 2009-2010), Early Implemintatation program, EIP, and expect it to be executed this month, ( August 09).

Water side slope flattening; Once the EIP agreement is executed TRLIA plans to do the slope flattening work between highway 70 and the UPRR this summer. All permits have been obtained for the Slope flattening and the work is out to bid.

This flattening of the water side of the Linda levee was to be done in 2006 under state reclamation board permit 18095GM as was two other major upgrades, placing cobble stones along the waterside of the Levee by the Shad pad, and placing Giant Boulders on the Water side under the highway 70.  However TRLIA Project engineer Ric Rinehart when I asked him why they had not flattened the slope, stated the Corps had determined the work was not needed. The Yuba County Board of supervisors agreed with Rinehart as did the RD 784 officials, I disagreed, see the A-D newspaper.

This is proof I was right in 2006 but the officials who knew I was right failed to upgrade the unsafe levee  from hiway 70 to the UPRR tracks just behind Wal-mart anyway!  TRLIA was given the funds in 2006 to do the Slope flattening, Cobble stones, Boulders, slurry walls on the East linda levee, why do they think the State funds of $67 Million should be given to them again?  Enough is enough!!

Probable cause is where allegations or witness information of a possible event is brought forward to determine if the event happened. After researching the available evidence gleaned from personal contact ,web Sites,  and other medias I believe P.C. exists that an investigation of TRLIA, RD 784 and Yuba County by the U.S. Justice department be convined.  Evidence shows that the State Of California Water resources and Fish and game divisions granted tax funds to the entity consisting of Yuba County and Reclamation District 784 called,  the Three Rivers Levee improvement Authority  ( TRLIA) to be used for Levee upgrades for the safety of Citizens living behind the Levees. TRLIA also received Fees from Housing Developers building in the Flood plains of RD784, from 2004 through 2007, amounting to many millions of Dollars.

In 2007,  citizens asked in an open meeting conducted by the State Reclamation Board convened in Marysville , California investigating TRLIA actions  or inactions in their levee work regarding RD 784 Levees. During the Course of the meeting a citizen asked the Reclamation Board to require TRLIA  to bring the Audits of the last years accounting in order to prove TRLIA had the matching Funds to meet the states next grant. It was determined by asking the Executive Director of TRLIA, Paul Brunner, if TRLIA had audited and accounted for the State grants and He said,” No TRLIA has never been audited.

The Yuba County Auditor Dean Sellers, when asked if he had audited TRLIA, said,” No I have never audited TRLIA.

Further Investigation showed Yuba County Supervior Dan Logue , Vice Chairman of TRLIA and RD 784 President and Chairman of TRLIA were conducting a Internal management type of management of TRLIA, and according to Yuba County Supervisor Mary Jane Greigo who said she was not privy to the Closed circle, were the sole controllers of the Income and Outgo of the Multi Millions.

Logue and Webb failed to account or audit the Years of 2004-05-06 until 2007 when citizens demanded to see the audits, management contacted a local CPA who conducted a Mini audit that did not show where the Multi Millions went. The CPA also audited the 2007 year at the same time as he audited the three other years, relying on Logue and Webbs information!

A related issue needing investigation is Where the County is getting funds to pay recent increases in salarys for Upper management gains from Employee allocations. These allocations have shown unfilled, funded allocated positions with paychecks sent to them according to the County auditors office. The Auditor paid for 1,064 employees while the County only had 1,004 employees.

It is my belief with no accounting or overseeing of the Millions by the citizens, the management will be tempted to use unaudited, no overseer tax funds in non levee uses. If this is true, that would be a gross criminal act against the RD 784 citizens  who stood to gain safety if the TRLIA had Repaired the waterside of the west Linda levee and removed the Giant boulders we put in the levee breach as a temporary fix in 1986.  Assistent County administrator Randy Margo said in 2004, it was not feasible to uproot the Bouldesr and Fix the Levee properly, perhaps after it is determined just how much levee work was really done on the Levees between 2004 and 2007 and how much was spent , it may have been feasible after all.

The 2010 Primary is just aound the corner in Yuba County and its time to think about if we feel safer under the past seven years of sheriff Durfor and his mentor Virginia Black or for those who remember, the Visible Street patrol method used before Black and Durfor brought their ” Better Way” to the Sheriffs Department.

Under the proper method to ptotect and serve less than 100 total Jailors, Deputies, bailiffs, dispatchers followed the tried and true way of law enforcement serving approximately 63,000 citizens, minus Wheatland and marysville  who have their own police, leaving the county to protect and serve about 48,000 rural citizens.  Those officers patrolled street by street year around searching out crime before it happened,  protecting and serving , conducted search partys for missing persons, were well mannerd around the public, were respected by the public and respected the people.

Under the “Better way” of Black and Durfor practiced for the past eight years, according to the county allocated positions, there are Just under 200 total employees employed by the Sheriffs office to compensate for a 9,000 person  increase in citizens!  One hundred more emploees to compensate for 9,000 people.  The Cost of the new way method is three times more than the proper way of Protect and serve and the new way consists of arressting and stacking of charges for statistics and money.

The New Way of Durfor  has failed to protect and serve the citizens, has enriched him, and turned the department into a report writing department that hides behind Bldgs, in Orchards, and other non traveled areas to pound on the Computer, and refrains from looking for crime before it happens!

BREAKING NEWS!

El Nino conditions return to affect weather , By Randolph Schmid, AP Science writer posted July 9th 8:24 am PDT

The article says the Pacific Ocean has been in what is called a neutral state, but the National Oceanic and Atmospheric  Administration( NOAA)  say the sea surface Temperature climbed to 1.8 degrees above normal in June 2009. In general El Nino conditions are associated with increased rainfall across the eastern Pacific. ( Hawaii and West coast of California).

A summer El Nino can lead to wetter than normal conditions and the forecasters  said they expect this El Nino to continue strengthening over the next few months and to last through the winter of 2009-2010.

NOAA Administrator Jane Lubchenco said the El Nino can suppress Atlantic hurricanes and bring needed moisture to the arid Southwest But it can also steer damaging storms to California and increase storminess across the Southern United States.

From what I read, this could be the Long overdue Winter that we expect every ten years in Northern California that caused the Levees to fail in 1955, 1986 and 1997, as well as extreme high water in 1964, 1996 and others.  The Linda levee behind Wal Mart with no levee work done AT ALL on the Waterside, ( The side of the Levee that meets the Flood water) , But yet it was certified by the United States Corps of Engineers in 2007 as Safe because they Placed a Sand Pile on the Dry land side of the levee and put a shallow slurry wall from the E Street bridge to about one half way to the UPRR/SPRR tracks behind Wal Mart !

Levee “Officials” fail to read and heed the appeal of the lawsuit Known as the Paterno case, regarding the 1986 Failure of the West Linda levee. The California State appellate district ( YUBA ) page 11, we read, ” The site of the Linda levee is one characterized by the deposition of hydraulic mining debris to a depth of approximately 15 feet, under which lay natural over-bank deposits, under which were sand channels,  under which was  highly, very coarse  gravel with sand seams.

The debris was highly porous material which could have a profound effect on the stability of the Levee, long term.  Moreover, in the area where the levee failed, there are 5 different former river channels which had been there in the recent geologic past and were a natural course for the movement of underground  water.

“The embankment of the Levee had been built with untamped, mining debris dug out of borrow pits near the Levee and was characterized as very unstable and loose: the upper part of the foundation was characterized as very poor. These conditions rendered the Levee susceptible to becoming unstable as a result of seepage.

One of Plaintiffs experts, characterized the levee as an inferior, high risk levee which was poorly constructed and didn’t  meet any engineering standards  that existed any time during its  life, it was built on a very  unstable foundation which was subject to severe seepage pressure and offered little resistance to seepage over the course of its history. The embankment is composed of loose, sandy material and its composition and construction are not adequate.

The TRLIA web site  newsletter summer of 2007, “TRLIA celebrates Levee certification” Yuba counties levees have received a federal Stamp of approval on the Yuba River levees: The certification confirms the Yuba River levee meets or exceeds FEMA 100 year level requirements for flood protection. This is very exciting, certification confirms we are doing the right thing to protect lives said Paul Brunner, executive director of TRLIA.”

The Levee was built with Mining debris, not tamped down, did not meet any Standards in its  lifetime, still needs upgrades to the Defective waterside of the Levee between The Highway 70 bridge and Just behind the Super Wal mart Store, has a slump in the Levee, has a Deep wide Trench running under the levee from the waterside to the Land side, has had no upgrades since the County turned them over to the State in 1943. How can FEMA or the CORPS with a straight face certify any part of the West Linda levee?

PATERNO .

Jeff Phinny, RD 784 board member is on record as saying, from what authority I do not know, that the Linda levee is not unsafe as the Paterno $445.000.000 appeal said it was.  Phinny refuses to believe TRLIA can do wrong, and appears to be in denial, not even mentioning The Court case Paterno in his post on Plumas lake Life, ridiculing my Blog! Paterno is posted on State Flood web sites to remind them  the State is liable for local State levee works as though the State had done the work themselves! In the case of RD 784 and Yuba County jointly doing work on the states levees, the State gave them permission so PATERNO apply s!

Yuba County Board of supervisors , TRLIA and RD 784, John Hess, P.E., Robert Trainer, P.E. Dan Logue, and Yuba County management all stated the Levee is safe, I said it is not, and a sand berm on the Land side and only one half a Slurry wall that left a Junction that officials fear could cause internal seepage, does nothing to change my mind.  We shall see I suppose.

EXTRA EXTRA UPDATE!!   After sending this Letter to the State and federal agencies connected to Water and levees, I was advised by Citizens late lasr week that there were Trucks on top of the West linda levee doing some kind of Work. Today 7 – 28-09,  I went to the site and discovered the State Department of Water resources had hired a Drilling firm to drill down through the Levee and at the Waterside of the levee to see what was under ground!

Large boulders were located by drilling at the 15 foot level and the plan was to see what was in between the Giant Boulders  and in the levee base structure below the Levee. I pointed out the levee slump on the top of the Levee just over the break area,  and I was shown two more slumps on the side of the levee.  This work should have been done in 2004  rather than pretending the Boulders were not there, five years ago and approaching the Fifth winter since Yuba County was warned of the weakness in the Yuba River levee.

The largest problem of making citizens who live behind the West Linda Levee aware of the on record deficiencies is the failure of the Appeal democrat News Paper to publish these facts as a follow up to Front page news articles relating to the Very section of Levee in 2007 where they reported a stand off between Yuba county, RD 784 and TRLIA and myself.  The dispute was whether or not the Linda levee was safe ( The County agencies ) or Not (Me) .

Now with the State investigating the Waterside of the levee regarding Giant Boulders and what is under, in between and on top of those Boulders you would think the AD would follow up as a service to the People.

Another , smaller problem is two members of RD 784 who live in Plumas lake and control the Plumas lake life forum which is owned by the Appeal democrat,  belittle all posts that try to warn people of the danger.  They recently applauded a person with an alias on PL for saying  the article relating to El Nino weather was not accurate. Jeff phinny in his haste to mislead,   failed to give credit to the Administrator of the National Oceanic and Atmospheric Administration,  Jane Lubchenco, who made the report based on the esteemed Government agency investagations! Rather, Phinny belittled the report in favor of the unknown poster on PLL.

In the past two days August 5 & 6,  Storm clouds have been over the Yuba Sutter area, threatening rain, in a rare display as well as Fall signs being in the air!  I love this change from Hot to warm but am wary of what it may bring.

From the December 13, 2005 THREE RIVERS LEVEE IMPROVEMENT AUTHORITY letter from Executive Director Charles K. Mc Clain we read under the Paragraph  entitled, BACKGROUND :  ” RD 784 is the local entity responsible for operation and maintenance of the Yuba , Bear, Feather Rivers Levees as well as the Western Pacific Interceptor Canal in Yuba County. RD 784 also has managed the interior drainage for most of the lands in the district.

Despite past efforts to increase its assessment, Rd 784 has an extremely modest budget relative to the scope of its responsibilities.  because of the scarcity of its fiscal resources and the rural, primarily agriculture nature  of the district, RD 784 has not maintained the facilities to urban Standards.”

RD 784,  Prior to the Creation of TRLIA in 2004 maintained the States levees by Killing Burrowing Rodents,  Keeping Vehicular traffic off the levees, maintain the Patrol roads and Gates as well as Mowing. That was sufficient for rural farm area and no one complained.

The urban term came in with TRLIA in their plans to Development of the Flood zone of Plumas lake, not at the request of the State or Feds, or the Citizens of Yuba County, Just TRLIA,  a Combination of Yuba County and RD 784, based on the Plumas Lake specific plan approved by Yuba County in 1993!  TRLIA used the Urban Term to spin the truth from RD 784 by saying 784 was  unable to gain an increase in Assessment funding’s. That was false, RD 784 was able to keep the district operating as a rural, they were not able to become a URBAN district like TRLIA wanted without more funding.  Yuba County Citizens have been stuck by TRLIA for future debt by spin!

A fact Sheet report 2008-002, for the Fiscal year ended June 30, 2008, by Elaine M.Howle, California State auditor, reports that for her audit of California’s internal controls and compliance with State and federal laws and regulations  she reviewed:

More than One half of the 138 Findings identified in the audit were also reported the prior year, Further, in those findings, they noted:

234 material and significant deficiencies in internal controls– Management and program policies, procedures, and guidance that help ensure effective and efficient use of resources : prevention and detection of fraud, waste, and abuse: and the reliability of financial reporting. She further stated the State did not comply with Federal requirements  because of insufficient documentation!

California’s automated accounting system is apparently what Yuba County is on. When I requested to know how the County auditor cut 1009 checks for employees of the County but the personnel office said they only had 948 listed employees total, It was discovered the County management was paying unfilled, Funded positions.

The CPA Michael L. Hinz audited TRLIA in late 2007 after a State reclamation Board Meeting in marysville where I had called for an audit of TRLIA since their conception. Hinz apparently audited from information given to him by Logue and Webb, the Internal control management of TRLIA, and Hinz audited all three years of non audit in 2007.

Hinz, in his disclaimer says: I conducted my audit in accordance with generally accepted auditing standards. Those standards require that I plan and perform the audit to obtain assurance about whether the general purpose financial statements are free of material misstatements.  In stating this, CPA Hinz is saying the Internal Control Management of TRLIA is free from material misstatements , that principal is at the very heart of any creditable audit.

Hinz continues : in fulfilling this responsibility, estimates and judgments by the Management, are required to assess the expected benefits and related costs of internal control policies and procedures.”

However in that same lengthy paragraph 12 lines long, Hinze makes a statement that exposes the questionability of these audits: ” Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected.”

If  there indeed are inherent limitations that resulted in errors or irregularities , the whole purpose of the audit was defeated at the outset unless the audits found the errors and the irregularities and once such things were found there were always severe consequences, as it well  there should be!

Audits are performed to ascertain the validity and reliability of information, and provides an assessment of a system’s internal control through transparency of Public funds.  That has to do with the actual amount of MONEY that has been taken in from ALL sources in the Life span of TRLIA and how it has been spent right down to the last Penny, which is or should be, the Global Goal of this or any such audit, especially where PUBLIC FUNDS are involved.

However, TRLIA fails to follow a visible transparent accounting, by using an accrual accounting Method that attempts to record the financial effects on an enterprise of transactions and other events and circumstances that have cash consequences for an enterprise in the periods in which those transactions, events and circumstances occur rather than only in the periods in which cash is received or paid by the enterprise .  Accrual accounting is concerned with the process by which cash is expended on resources and activities is returned as more ( or perhaps Less ) cash to the enterprise , not just with the beginning and end  of that process as a normal audit does. No transparency here.

In past statements and on earlier web sites, TRLIA has stated they have put over $350,000,000 in the Yuba , Bear and Interceptor canal levees.

However, Finding the money spent is like trying to shove a wet noodle through a small hole in the wall because TRLIA’s Numbers do not seem to add up. For instance: From the Audited pages of CPA Hinz 2004 through 2007 years, these numbers are presented.

2004          revenue         $4,129.011                        Expended                          $745,848              Total levee Costs    $701.774

2005         revenue           $8,993, 204                     Expended                          $5,887.034                                                  $5,603,384

2006         revenue           $ 61,102,786                   Expended                          $52,009,773                                             $50,572,148

2007        revenue           $70,247,172                   Expended                          $76,331,298                                                $74,257,632

TOTAL                                  $144,274,015                                                               $134,987,953                                           $131,224,938

Again, these numbers  taken from TRLIA’s own audit’s,   using accrual accounting show Revenue of$ 144,274,015 , Expenditures of $134,987,953 and levee costs of $131,224,938.

Now, applying the generally accepted transparent auditing method of crediting income and deducting costs resulting in Balance, we see :   Income                  $ 144, 274,015

Expenditures                                              $ 134,987,953

TOTAL                                                                $9,286,062   Left over

The plan of using a Gimmicky auditing method instead of tried and true auditing should have raised Red Flags every where the Method was seen but since no one was looking, and TRLIA had not advised anyone they where deviating from given auditing methods, as well as the County Auditor removing himself from the auditing process, how were we to know?

Given the State auditor’s report at the beginning of this Post, any internal control management bent on keeping the Public in the dark would for sure use this Gimmicky accounting method.

Moving on, if the TRLIA accrual method is being used on the Feather River  money rceived recently according to the Appeal Democrat, we have the same questions regarding that Levee also!

In a recent debate on the Appeal democrat under the title of LEVEE ASSESSMENT PASSES IN SOUTH COUNTY, It was stated by a RD 784 Board member that the CORPS CERTIFICATION OF THE LINDA LEVEE was done in accordance with the law, contrary to what REX says.

He states ” If these claims were true the combined boards of Yuba County, RD 784, TRLIA, their professional Engineers , Legal analysis’s from across a multitude of Federal, state and Local agencies have it all wrong.” That was posted 5-31-09 @ 7:46 AM.

Well, They are all true!

The First LAW we will discuss, 44 CFR 65.10, 3,4,and 5,  is a law from August 25, 2005 from FEMA and sent to all Corps of Engineers field offices to align the Standards of Certifying Levees in the United states by the Corps.  Some levees such as the YUBA River South Levee ,  had no designs or Standards, having been built by Local farmers to hold back high water from their crops.

The law demands that before the Corps certify a levee, the Local government ( Yuba County ) must evaluate the Levee for embankment and stability,  Free board, Design and other evaluations and have an Engineers analysis of the findings sent to FEMA along with a letter requesting Accreditation of the Levee reach.

I contacted Mr. David Killiam, public affairs specialist, Sacramento Division, Corps of Engineers and asked it Yuba County and The Corps had followed this law, he replied in an E-Mail to me, ” During the Corps certification evaluation, it was determined that the Additional repairs you referred to are not required for FEMA Certification of the levee.”  The Repair’s I referred to were the required evaluations of the Embankment that 44 CFR 65.10 required YUBA County to do.

I contacted Mr. Eric Simmons of FEMA, and inquired if he had received an Engineers analysis , Designs or as built drawings from YUBA County accompanying the Request for accreditation, he replied, ” My office did not receive any additional papers with the Request.”

According to the answer from Mr. Simmons, YUBA county did not follow the Rule of Law, 44 CFR 65.10.

Some of the Boards  are needed to be looked at here to see if I was wrong as the RD 784 board member said.  The State Reclamation board was adamant in keeping Housing Developments out of The Flood plain of the Plumas lake area , as well they should have  until YUBA county had upgraded the Levees. The Reclamation District Board 784 in 1993  had told Yuba County Board of Supervisors the levees could not protect Housing developments in Plumas lake , however Yuba County Board of Supervisors wanted to start Developments before levee upgrades!

The Governor fired all members of the Reclamation board, Knowledgeable Engineers and Others and replaced them with a Board that would permit YUBA county to create Developments BEFORE the Upgrades of levees.  The new Board made a Deal with YUBA county to  issue a permit for YUBA county to accelerate  the LINDA Levee work  from Highway 70 to Simpson Lane Road up from 2007 to  2006  as reported in the Appeal democrat.

The Levee Acceleration was to consist of  A slurry wall, Flattening of the water side of the Levee, and a Small Sand Berm on the EAST LINDA  levee From the UPRR tracks North to Simpson Lane road. The Other one half of the upgrades as shown on Permit 18095GM approved by the Corps of Engineers and The State reclamation board was to be a Flattening  of the water side , Applying Cobble Stones and Giant Boulders on the Water side of the WEST LINDA levee from the UPRR south to Highway 70. However, Yuba County Board of supervisors stated their engineers and the Corps engineers stated the levee was Completed and safe and they agreed with that.

Seven months after I brought out the whole WEST LINDA levee part of Permit 18095GM was left undone, the STATE Of California Department of Water resources entered into the Fiasco, and issued a REVISED permit for YUBA county to only do the EAST LINDA levee work!  This new belated, Revised, Damage control permit titled 18095GM-REV. is a prime example of Boards and Agencies in wrongdoing.

The Acceleration forward to the Linda levee upgrades was a welcome issue for citizens , however the Only partially doing of levee upgrades, sending Letters to FEMA and The Corps of Engineers by YUBA County Administrators  Kent McClain and Robert Bendorf at separate times  requesting the same thing, Certification of a unfinished, no design or drawings, no 44 CFR 65.10 following of the law, by YUBA county Officials is not welcome!

There are many more Boards who were Loaded with majoritys who followed the plan of Greed through levee works. I have asked in the past, Why did the Board of Supervisors not step in and audit the TRLIA entity? I believe they were afraid of what they would find that unkown amounts of State Taxes and developer funding was diverted to non compliance means, means other than Levee upgrades. A independent audit is all that will show where the money went.

It has been stated that the Assessment results will be announced in the June 2 meeting at TRLIA. Where are the Votes kept stored at? Who counted them? why so long a wait before making them public?  Update:  According to the A-D newspaper, the assessment passed. It appears 25 % of the Ballota mailed out were returned and a majority of those voted for TRLIA to become a County Entity.

The votes of the Yuba county board of Supervisors and the banks, Brokers and developer owners helped put it over. However, another was the Appeal Democrat had published that a majority of the ballots mailed out, had to be returned to make the election legal causing thousands to believe if they tossed the ballots in the trash, it would fail. The writer understood that to be so also.

Two RD 784 Board members, Jeff Phinny and Gary Bradford, very vocal proponents of the TRLIA fiasco were advised on the A-D forum that they had possibly violated Government code 87100 which states Local or State government officials shall not use their offices to promote something that would benefit them economically in the future. Phinny denies it.

TRLIA says the Goldfields area that Flooded in 1950 is not a worry to them, of course the New Orleans Levees was not a Worry to them Either. I would say I am worried about the Gold field weak area every year we get Heavy rain, and I also Remember the Winter of 1994-05 when we had two separate heavy storms in RD 784 and One in January caused Extensive internal Flooding of RD 784 and again in March another Internal Flooding occurred, Flooding Plumas lake both times!