RECLAMATION DISTRICT 799
(Hotchkiss Tract)
PO Box 353/6325 Bethel Island Rd., Bethel Island, CA 94511
www.RD799.com
Regular Board Meeting Minutes
Thursday, August 27, 2015
CLOSED SESSION AT 5:30 PM
REGULAR BOARD MEETING AT 6:00 PM
NOTICE, CALL AND AGENDA
1. Call to Order/Roll Call: The meeting was called to order at 5:30 pm. Present are
President Hopwood, Trustees: Price, Kent, Hanson and Fratus.
The Board adjourned to Closed Session.
2. Closed Session
A. Conference with Legal Counsel – Existing Litigation (Section 54956.9(a))
Kristine Petrosh and Angelia Tant vs. Reclamation District 799, et al. (Case No. C1500322)
3. Return from Closed Session – The board returned from closed session at 6:07 pm.
There was no action to report from closed session.
Others present for the Open Session portion of the board meeting include: Attorney
Streeter, District Engineer O’Regan, Superintendent Petrosh and District Secretary
Holder. A list of landowners in attendance is outlined on the meeting sign in sheet.
4. Public Comments: None.
5. Consent Calendar: All numbered consent calendar items listed will be acted upon under
one vote unless specifically removed from the consent calendar by a member of the
Board.
a. Meeting Minutes from the Regular Meeting on July 30, 2015*
b. Warrants*
c. Financial Report(s)*
A motion was made by Trustee Price and seconded by Trustee Fratus to approve
items a thru c on the Consent Calendar. The vote showed five trustees in favor.
Motion carried.
6. Discussion/Action Items
a. Presentation, Acceptance, and Approval of Fiscal Year Ending June 30, 2014
District audit by Croce and Company*
Jeff Peek from Croce and Company was present and gave an overview of the
District’s financials and the Fiscal Year Ending June 30, 2014 audit to the board.
During the presentation by Mr. Peek, it was noted that for the fiscal year being
audited, the district did not have anyone on staff that possessed the knowledge of
general accepted accounting principles or government accounting standards. It
was also noted that the County Fund account had not be reconciled in several
Board approved 9/24/2015
years which led to several misstatements in prior year audits. The County Fund
account has since been reconciled (as part of the fiscal year 2013-2014 audit) and
the misstatements have been corrected and accounted for in the current audit.
A motion was made by Trustee Price and seconded by Trustee Hanson to
accept and approve the Fiscal Year Ending June 30, 2014 District audit. The
vote showed five trustees in favor. Motion carried.
b. Discussion of and consideration of needed repairs to Pump Station 2*
The board asked Superintendent Petrosh to get a quote from Vessel Assist for a
diver and from Delta Pump (to pull out the whole pump). After bids are obtained,
Superintendent Petrosh will present the bids to Trustee Kent and then to President
Hopwood and he will make the final decision.
A motion was made by Trustee Price and seconded by Trustee Hanson to
have President Hopwood make the final decision on the repairs for Pump
Station 2 after Superintendent Petrosh presents the bids to Trustee Kent.
The vote showed five trustees in favor. Motion carried.
c. Discussion of and consideration of authorizing Dino and Sons to clean remaining
District ditches (pump station 1, pump station 2, canal 4, and canal 5)*
A motion was made by Trustee Price and seconded by Trustee Fratus to
authorize the equipment rental from Dino and Sons to clean the remaining
District ditches (pump station 1, pump station2, canal 4 and canal 5). The
vote showed five trustees in favor. Motion carried.
Dino will meet with Superintendent Petrosh and Dave Best of Shea Homes to
discuss access to the ditches and get written permission for access to their
property.
d. Discussion of and consideration of adoption of Resolution 2015-10 “Nominating
Three Landowners (to be appointed by the Contra Costa Board of Supervisors) as
the Election Board for the November 10, 2015 General Election”*
A motion was made by Trustee Price and seconded by Trustee Fratus to
adopt Resolution 2015-10 “Nominating the following three landowners: Dina
Holder (representing landowner Jim Price), Mike Alvarez (landowner) and
Carl Shelton (landowner) as the Election board for the November 10, 2015
General Election. The vote showed five trustees in favor. Motion carried.
e. Discussion of and consideration of authorizing the Board President and the Office
Manager to coordinate the set-up of two new District bank accounts so that the
Shea Homes Special Assessment Funds and DWR Advance Funding can be
transferred from the District’s General Fund account to interest earning bank
accounts*
A motion was made by Trustee Price and seconded by Trustee Fratus to
authorize the Board President and the Office Manager to coordinate the setup of two new District bank accounts so that the Shea Homes Special
Assessment Funds and DWR Advance Funding can be transferred from the
District’s General Fund account to interest earning bank accounts. The vote
showed five trustees in favor. Motion carried.
f. Discussion of and consideration of response to Grand Jury Report*
Board approved 9/24/2015
A motion was made by Trustee Price and seconded by Trustee Hanson to
approve the prepared response to the Grand Jury Report. The vote showed
five trustees in favor. Motion carried.
Board approved 9/24/2015
g. Discussion of and consideration of Permit Agreement between RD799 and Rock
Island Marine re Spinnaker Cove Homes*
After much discussion, the board needs more information to make any decisions
on this matter. The Spinnaker Cove Homes representative Rich Radota will
gather the necessary information and present his findings at the September board
meeting.
Trustee Fratus asked that item “i” be moved ahead of item “h”
i. Update from District Regulations and Permit Application ad-hoc Committee
(Kent, O’Regan, and Petrosh)
The ad-hoc committee has not had an opportunity to meet prior to this board
meeting. They will report at the September board meeting.
h. Discussion of and consideration of possible amendments/changes to Permit
Procedures and Encroachment Management*
This item will remain on the agenda and be continued until the September board
meeting.
j. Landowner comments/questions regarding culverts, cleanouts, etc.
No comments. Trustee Price requested this item be taken off future agendas.
k. Update on Employee Training scheduling from Trustee Price
Trustee Price will contact Mr. Sturgess to remind him that there is an urgency on
this matter.
7. Permits – Discuss & Possible Action on all New and Pending Permits:
a. 5444 Sandmound Blvd – replace existing retaining wall and expand patio –
REVISED*
Engineer O’Regan recommended to not approve this permit but after much
discussion, a motion was made by Trustee Price and seconded by Trustee
Hanson to approve the revised permit for 5444 Sandmound Blvd. The vote
showed five trustees in favor. Motion carried.
b. 4170 Sandmound Blvd – install concrete bulkhead; install electrical and water
pipe 12” below levee surface*
A motion was made by Trustee Price and seconded by Trustee Fratus to
approve the permit for 4170 Sandmound Blvd. The vote showed five trustees
in favor. Motion carried.
c. 5390 Sandmound Blvd – construct new walkway on levee landside; install two
retaining walls perpendicular to levee*
A motion was made by Trustee Price and seconded by Trustee Fratus to
approve the permit for 5390 Sandmound Blvd. The vote showed five trustees
in favor. Motion carried.
d. Update on Red Tags*
4170 Sandmound Blvd. and 2228 Dutch Slough Road red tags remain. No permit
applications have been received. 4170 Sandmound Blvd. was on the agenda for a
different project.
Board approved 9/24/2015
8. Engineer’s Report: Barry O’Regan
a. Rodent Field Report*
Engineer O’Regan recommended that the rodent holes in the toe ditch be
excavated to remove all the voids and then to backfill the holes with compacted
approved fill material.
A motion was made by Trustee Price and seconded by Trustee Hanson to
have CES provide labor and equipment to perform levee embankment
repairs at the toe ditch of the levee and flat plain area at station 10+00 Dutch
Slough Road. The vote showed five trustees in favor. Motion carried
A motion was made by Trustee price and seconded by Trustee Hanson to
have CES provide labor and equipment to perform levee repairs to remove
beaver/rodent debris from the drainage ditch at pump station #2. The vote
showed five trustees in favor. Motion carried.
9. Information Items: No items
10. Field Reports:
a. Levee Superintendent Petrosh*
Pump station #2 needs a new grate. The current wood grate has a massive hole
which is allowing a lot of debris and drift to enter into the sump area. The District
has been doing a lot of rodent control. There are some rather large holes. Ditch
cleaning in full swing.
b. Seasonal Employee needs
11. Office Supervisor’s Report:
a. Trustee Fratus (verbal)
b. Office Manager Hugel (written)*
12. Chairman’s Report: None
13. Trustee Reports: Trustee Kent stated that fences on the Dalporto property were being
taken down for ditch cleaning and it was agreed upon to have the excavator driver (paid
separately) to put them back up. He further stated that Superintendent Petrosh would
clean up the metal on the Dalporto property and the wood piles should be burned on the
appropriate date that the county allows.
14. Adjournment: Meeting adjourned at 7:55 pm.
Minutes submitted by Dina Holder, District Secretary
*denotes supporting documentation available electronically and at the Reclamation District 799 office.
**denotes supporting documentation available at the Reclamation District 799 office.
Notice Is Hereby Given:
That the Board of Trustees will consider oral and written public comments. The Chair may announce time limits and direct the focus
of public comments for any given proposal. For agenda items not requiring a formal motion, the Chair will announce the opening and
closing of the public comments session. If you wish to speak, please stand and state your name and address. Please speak clearly and
loud enough for everyone to hear. “This agenda shall be made available upon request in alternative formats to persons with a disability,
as required by the Americans with Disabilities Act of 1990 (42 U.S.C. 12132) and the Ralph M. Brown Act (California Government
Code 54954.2). Persons requesting a disability related modification or accommodation in order to participate in the meeting should
contact the District Secretary Dina Holder at (925) 684-2398, during regular business hours, 10:00 am - 2:00 pm Monday - Friday, at
least 24 hours prior to the time of the meeting.” Materials related to an item on this Agenda submitted to the Trustees after distribution
of the agenda packet are available for public inspection in the District office located at 6325 Bethel Island Rd. Bethel Island, CA 94511
Board approved 9/24/2015