BRADFORD RECLAMATION
DISTRICT 2059
NOTICE, CALL & AGENDA
Special Meeting Minutes for
For November 11, 2014
1. Meeting is called to order and determine that there is Quorum – President
Kuhne, Trustees Craig, Orozco, Davies and Hall. Others present are as follows:
Engineer Dominick Gulli, Attorney Mia Brown, Levee Superintendent Smith
Cunningham and the District Manager Angelia Tant is taking the meeting minutes.
A list of landowner’s is outlined on the meeting sign in sheet.
2. Trustees Comments: President Kuhne announces that we have some new
landowners in the audience Mr. and Mrs. Folsom and she welcomes them and
expresses that she hopes to see them at the future meetings.
3. Public Comments: There are no public comments
4. Meeting Minutes – M/S/P Davies/Orozco with all in favor and zero opposed to
a. Approve Minutes for the meetings held on October 7, 2014
5. Permits –
a. DWR’s application for levee encroachment permits relating to proposed
temporary barrier on False River. – Mia reports that several months ago in
August or September, the board reviewed a draft permit for DWR. Mia
reports that the DWR has a redline of the permit in which DWR would like
to present to the district. Mia reports that she has not reviewed this permit
to date. Mia reports that they will be having another meeting with the
DWR’s legal counsel. Mia reports that the process has just begun.
6. Bradford Island Tract 19 Mitigation Site –
a. Update on Long Term Management Plan proposed by the State of California
Department of Fish and Wildlife – Dominick reports that Smith and himself
met with DWR and went over the scope of work. Dominick reports that it
will be an extensive job and the work will be sent in to Sandi Maxwell with
the DWR to participate in subventions program. Dominick reports that
there is no way that we will be able to get this done. This agreement will
include cleaning out the pond and also include the trees. Dominick responds
to President Kuhne’s question that we cannot apply for engineering to be
paid for engineering work conducted on a work agreement that we do not
have. Dominick reports that it could possibly take about ten hours to put
together an application for a work agreement. Dominick expresses that he
will also need to do a report that outlines the scope of work. Dominick
expresses that we will not outline the scope of work until we obtain a
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funding agreement. Dominick reports that it will be less than $1,000 in
engineering fees to apply for the application. President Kuhne inquires with
Dominick on how long it will take for him to get this application in to the
DWR. Dominick’s response is in approximately three weeks around the first
of week December.
7. DWR Meeting(s) –
a. Status Report from Committee – President Kuhne expresses that they had a
meeting scheduled with the DWR Right of Way people (Geoff Shumway)
approximately two weeks ago. President Kuhne reports that there was a no
show on behalf of the DWR. President Kuhne reports that at every hour
Smith and herself went to the ferry slip to see if anyone was coming off of
the ferry and no one ever got off from the DWR. President Kuhne
expresses that she sent several texts, call etc… and as a result of this non
response and unprofessionalism that she called and had a discussion with
Linus Paulus, the REO Supervisor.
8. Prop 218 Sunset –
a. Status Report from the Prop 218 Committee
b. Oxy, Inc. Meeting – President Kuhne reports that we are still trying to meet
with Oxy, Inc. President Kuhne reports that there have been several calls
made and emails sent out by herself and by the District Administrator
Angelia and to date, there has been no response. President Kuhne expresses
that there will be a stock transfer at the end of November 17th for the new
corporation and that it will be its own entity as of December 1st. President
Kuhne reports that Oxy will have a 19.x % share in the new corporation. It
will be a separate Corporation with its on stock on the New York stock
exchange. Vintage still has the drilling rights but Oxy has the mineral rights.
Those mineral rights have transferred over to the new corporation. The staff
is trying to find out who is on first and who we bill. Trustee Davies
expresses that he is having the same issue at his job with the solar people.
President Kuhne reports that we are not hearing back from our old contacts
or legal at Oxy and this is putting us in a difficult situation. Mia reports that
we are only obligated to send the bills to the last known owner after the
district engineer asked if they are still paying their assessments. The response
to this question is yes. President Kuhne expresses that we really need to find
out who we are dealing with due to this sunset clause coming up.
9. Subventions –
a. Status Report of Subventions Claim – The district administrator reports that
the district did not meet the minimum requirement to participate after the
$1,000 per levee mile is deducted. Trustee Orozco inquires on if we will
continue to participate in the subventions program and if landowners
conduct work if this could be eligible in the claim. The answer to his
question is yes, we will continue to participate and no the landowners work is
not eligible for reimbursement. It is outlined that a lot of the work that is
eligible for subventions in being covered in the current work agreements.
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10. Ferry –
a. Monthly Report/Updates from Ferry Committee – Trustee Davies reports
that there was an incident that occurred with the ferry captain and a specific
landowner and Rob reports that they called a meeting to go over the
complaint. Rob reports that he allowed for both sides to air out their needs
and he feels that some agreements were met. Rob expresses that if there are
any future complaints with regards to a nonpayment of a ticket, it will be
handled by Bradford Island. Rob reports that they went over the ferry ticket
procedures for landowners and Rob expresses that we really need to update
the policies and procedures from 1997. There is a discussion with regards to
the deck hand chocking the wheels. Rob reads from some sections of the
policies and procedures. Rob has some photos to show with regards to a
hay truck being loaded on the ferry and the possibility of the way that this
truck was loaded possibly being able to cause the ferry to flip. Rob passes
the photos around of the ferry truck. President Kuhne expresses that there
are a lot of issues with the deck hand tying up the boat, chalking the wheels,
not knowing safety procedures, he does not know man over board and she
feels that he is not adequately capable to follow the safety codes. President
Kuhne expresses that she has spoken with Dave Forkel with regards to the
safety issues and her opinion is that the district could be potentially liable as
being a joint power with the Ferry district. President Kuhne would like to
seek some direction from Legal Counsel. Trustee Davies and Orozco give
some examples of historical issues that had occurred that caused for the
district’s insurance to go up. Mia Brown expresses that he is an employee of
the Delta Ferry Authority and expresses that we need to outline the district’s
concerns in a letter to the Delta Ferry Authority. Smith Cunningham has an
issue with whom the district will be contacting at the Delta Ferry Authority.
Smith Cunningham expresses that he feels that nothing ever gets done with
regards to the matters. Smith Cunningham expresses that Bruce sponsors
the employee and expresses that he feels that there may be a conflict of
interest if Dave Forkel allows Bruce to handle the issue. Mr. Folsom inquires
on if there will be a deadline outlined in the letter on when the matter should
be resolved. Trustee Orozco expresses that he would like to know if we can
input some type of statement that expresses that if the Delta Ferry Authority
fails to do anything by the submitted date outlined for resolution that district
will not be held liable. President Kuhne reports that the letter will be drafted
and reviewed by the legal counsel.
11. Carr & Ferrell a. Payment Plan – will be covered under the closed item
12. By Law Amendment(s)
a. Monthly Status Report from By Law Committee – There needs to be a ballot
created, by laws presented to the landowners to review, an election date, and
notice of the date. The landowners will need to vote on adopting the newly
drafted bylaws. (Dominick expresses that they have had a lot of programs
where they are trying to reestablish a Tullie island. Dominick reports that if
you widen it to the waterside then this will make a substantial
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13. Engineer’s Report – Given by Dominick Gulli with Green Mountain
a. Work Agreement(s) BR-10-1.0 & BR-10.1.1 Billings against Budget –
Dominick reports that they will be conducting an adequate vegetation
control and expresses that this will allow for better inspection and a clean
area to install the rip rap. Dominick reports that they have obtained a quote
from Dutra on piping to be installed through the levee. The base bid was
$12,400 and Dominick outlines the scope of work for this original bid.
Dominick reports that they are anticipating on installing a steel piece that
they will be fabricating. There was a change order submitted to purchase the
two new steel pipes and install the siphon breakers. The cost for this change
work order will be $22,000.00 and five thousand and something of this will
be for the pipe. Dominick expresses that the $22,000.00 will be in addition
to the other $12,400.00. Dominick expresses that he feels that this could
possibly be done cheaper in house; he is requesting that it be deleted out of
the Dutra contract, and wait on this project. Dutra has already ordered the
pipe for $5,314.00. Dominick expresses that since the pipe has already been
ordered that they will keep the pipe for the project. Dominick expresses that
if the siphon breakers are not good then this will be an issue and it takes a
long time to get these items in. Dominick expresses that they have installed
two new siphons. Dominick reports that the siphons are not really the
district’s facility. Dominick responds to some questions asked from Trustee
Davies with regards to purchasing a vacuum pump for the siphons out on
the island. Dominick expresses that we should only pay for the pipe.
Dominick reports that the contract is still open and we could potentially have
a smaller contractor come out and take care of some of the pending or
outstanding items. Dominick expresses that in the final as built report he
would include in the report that his professional recommendation would be
that they deferred some of the work. Dominick reports that he feels this will
be hopefully less money. President Kuhne inquires with Dominick on how
many properties still have cleanup work that needs to be done. President
Kuhne gives some examples of some areas and inquires on if the cleanup
portion of the contract has already been paid to the contractors. President
Kuhne is inquiring on if the contractors will be coming back. Dominick
inquires on if Cate’s property is one of them. President Kuhne expresses
that her property is only an example of one of them. President Kuhne
expresses that there are several other locations that still have required
cleanup work and that the contractor has already removed all of their
equipment off of the island. Dominick expresses that we could ask for a
credit however, we have to be careful due to the fact that they did more
cleanup work on the island that the contract had originally outlined.
Dominick expresses that if they have been over paid on any items that we
will credit it back out taking into consideration the additional cleaning and
other projects conducted. Dominick expresses that he does not feel that
this is too much that they have been paid for. Dominick outlines several
properties and lists of the names of the property owners and the locations
and outlines that he will be inspecting these properties. Dominick expresses
that the final report will outline everything done, not done and pending.
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President Kuhne inquires on how much dirt came from the port and how
much came from the district. Dominick outlines that none of the dirt came
from the district’s stockpile and that the district will not be receiving any
royalty. Dominick expresses that there is a future project that the district will
be conducting and expresses that they will be using this dirt. Dominick
report that they will start clearing the water side this week and placing the rip
rap. There will be a thick splash cap as well. There will be another splash
cap on the north side and along Fisherman’s Cut. Dominick reports that
there are 4,000 tons of rip rap that will be installed in all of the deficient
areas. There is an inquiry on where the rock comes from. Dominick
outlines the query on where the rock comes from. Mr. Folsom outlines that
a lot of the rock out on the levee is brittle and that it breaks super easy.
b. Status Report for Work Agreement for Temporary Solidity Barriers
c. Current District Cash Flow Analysis Report to be provided by Dominick
Gulli – Dominick reports that he is still waiting on some invoices. Dominick
reports that we hit the cash flow point right now and that he has not updated
the budget. Dominick goes over the budget and the amount of money that
has been received to date. Dominick expresses that we may be able to cover
the retention. Dominick reports that the contractor had brought in some
straw and that they have brought in a lot of Bermuda grass. Trustee Davies
inquires on the type of mix of grass. Dominick reports that the false river is
still cracking and expresses that Dutra will be repairing these cracks with the
existing material that is still on site. Dominick expresses that there are two
pay items that the DWR had dinged the district on. Dominick reports that
the DWR had approved the vinyl sheet piles previous to the contract.
Dominick reports that the vinyl sheet piles where included in the contract.
Dominick expresses that he gave them a big report to the DWR with regards
to the vinyl sheet piling. Dominick expresses that he did some calculations
on an excel spreadsheet and expresses that the DWR did not understand the
calculations. Dominick reports that he re did some hand calculations on
some paper and submitted. Dominick expresses that the DWR will not
review the information until he receives a letter from the district. Mia Brown
will be working on a letter to the DWR. Dominick expresses that he will do
a new list of encroachments for the district’s records. Dominick expresses
that these items become permanent encroachments. Dominick reports that
later on when we have to raise the road up that the landowners will be
required to remove the encroachments. President Kuhne inquires that all of
the utility sleeves that have been installed one other time aside of this time, if
the district comes in and does work then the landowner will be responsible
for this encroachment. Mia responds by expressing that it depends on what
our current standards outline. President Kuhne expresses that the removal
vs. replacement are two different items and that this could fall under a new
work agreement. Dominick expresses that the encroachment project was an
item that was supposed to be done when previous Trustee Michael Hamman
was on board. Dominick expresses that the district should have these
encroachments on file. The District Administrator expresses that she has
these reports and pulls one up. Smith Cunningham expresses that a lot of
landowners have complained that there is not a lot of rock going to the boat
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club, Landowner Folsom outlines that there is not enough rock at other
locations as well, the pads are raising up and are at the toe. Smith inquires on
how much warranty we have on these pads. Landowner Rodger is present
and expresses that this also affects Michael Craig. Rodger expresses that they
changed the road and it also affects PG&E and when the oil company comes
in with heavy trucks that it causes issues. Rodger expresses that if they could
add some additional base rock at the bottom that this could make it better.
Smith expresses to Rodger that they did actually fix the road and that it has
been a lot better. Trustee Craig inquires to Rodger on if he is talking about
the two ramps that lead into his property. Rodger’s response is yes and he
expresses to Michael that it also affects his access. Trustee Craig expresses
that he is trying to get a picture of the road mentally and then inquires about
the gas road. Dominick expresses that the ramp is flatter and is easier to get
up. Rodger expresses that it is muddy and when the rain comes it will need
some more ab rock between the ramp and the boat club. Trustee Orozco
expresses that he still has an issue with the fence and also the opening to
road for him to be able to install a gate later on. Dominick expresses to
Trustee Orozco that he was supposed to pay for 123 feet of more fence.
The following landowners where invoiced to have additional work done at
their property or materials delivered to their property: Foster, Hall, Lewis,
and Orozco. Trustee Orozco expresses that he had historical gates and that
the scope of work was supposed to outline replaced gates. President Kuhne
expresses that the rest of the items can be done off line. Landowner Linda
Orozco inquires about the telephone wire. Dominick expresses that she
would have to inquire with Pac Bell directly. Linda also inquires about the
weeds on the waterside. Trustee Orozco expresses that they discussed this
while she was outside. Dominick outlines all of the plants that the district
will not be removing. The Orozco’s response to Dominick’s question on if
they would like to keep their tree is yes. Dominick expresses that the hydro
seeding is approximately $1.00 per square yard to Trustee Davies. Dominick
reports that this is in the process however is not done yet. Dominick
expresses that they have begun to identify how much hyacinth is out there
and how thick it is. Dominick reports that he is getting things together to
put together. Trustee Michael Craig expresses his opinion on this subject
matter. Trustee Craig expresses that the problem is on the channel side and
not on the waterside. Trustee Craig expresses that the idea is to keep the
Tully berm there. Trustee Craig expresses that they should place rock in this
section. Dominick expresses that he is confining it to the Tully berm.
Dominick expresses that we are trying to get funding to take care of the
water hyacinth problems. Trustee Gil Orozco expresses that if the DWR is
not going to pay for one thing then let them pay for the other. Dominick
outlines that the PFA will be to cover the Hyacinth and the habitat
enhancement. There is some more lengthy conversation with regards to this
subject matter. Dominick reports that they are trying to reestablish a Tully
berm and there are permits that they have to obtain.
d. Update on Special Flood Control Funding Solicitation Packet –
Dominick reports on this subject matter and expresses that the application is
in. Dominick reports that he did not go to the Delta habitat. Mr. Folsom
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inquires about the type of pipe that the district is purchasing from Dutra.
Smith expresses his opinion with regards to the pipe. President Kuhne
expresses that it will be much less than $36,000.00 to do the work.
Dominick expresses that if it comes in higher than he is estimating, he does
not want to have to be liable to pay the overage. President Kuhne expresses
that she only needs clarification. Dominick expresses that the siphon work
should also have been taken into consideration with this calculation.
Dominick outlines that they will only be paying Dutra for the pipe.
14. Informational Items – President Kuhne expresses that this is hunting season on
the island and people should only be on the property that they are supposed to be on
to hunt and not on other people’s properties. President Kuhne expresses that they
can fish on the water ways however, they cannot dock.
15. Assessments – Mia Reports that these past due assessments are not extinguished
through the foreclosure.
a. Update on the Status of Recovering Delinquent Assessments on
Foreclosed Properties – The District Administrator gives an update on the
assessments
b. Change in Property Ownership Report(s) – The District Manager
expresses that she has gotten some calls and emails from various banks with
regards to some of the delinquent assessments. The Manager reports that
she had received a payment for $9,105.91 from one of the Sosnowski’s old
parcels. The Manager reports that she had requested a current ownership list
for all of the property owners on Bradford Island and shows the board a
copy of this list provided. The District Manager will be using these addresses
on the list provided by the County to mail the letters too.
c. Lien Against Property Owner – The district will be sending out lein letters
this month.
d. Charges Assessed to the District to Enroll on the County’s Tier
Program – Mia gives a brief report on this subject matter.
e. Approval of Language in Letter to landowners – M/S/P Davies/Orozco
with all in favor and zero opposed to adopt the letter drafted by President
Kuhne and Mia Brown. The letter will be sent out to the landowners in
arrears.
16. Chairman’s Report –
a. President Kuhne Gives a Verbal Report
b. District Administrator has the Summary of Activity available for review
17. Super’s Report – Given by Smith Cunningham Smith reports that Dominick has
done a great job. Smith reports that there are some problem spots on the island.
One of the spots identified by Smity is the seepage near Georgianna’s property.
Dominick reports that we need some type of ditch to get rid of this water. Smith
reports that the contractor will be temporarily fixing the cracks on the island.
18.
a. Ditches Water Flow – the ditches look great and Smith reports that he had to
remove a beaver dam.
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b. Vegetation Control – the vegetation control is being conducted through the
project funding agreement.
c. Pump Station Monitoring
d. Routine Levee Inspections
e. Reports on Any Potential Emergency Spots on The Island
19. Treasurer’s Report - Discuss & Possible Action
a. There is a Review of the District Financials by the board of trustees.
b. Status Report on Registered Warrants – President Kuhne reports that we
have received a couple of payments for the delinquent assessments.
President Kuhne expresses that M/S/P Davies/Craig with all in favor and
zero opposed to pay off the first two $5,000 warrants to total amount of
$10,000. President Kuhne expresses that we need to contact Golder Planks
to get the interest amount due for the first warrant.
20. Approve Warrants for General Expenses/ Work Agreements – M/S/P by
Davies/Orozco with all in favor and zero opposed to approve the warrants for the
general expenses and also the PFA payments issued.
21. Open Session Disclosure of Closed Session Items pursuant to Government
Code Section 54957.7
22. Closed Session – Board went into closed session at 12:30 P.M.
a) Conference With Legal Counsel: Liability Claim (Government Code section
54956.95)
Claimant: Smith and Karen Cunningham
b) Conference With Legal Counsel: Anticipated Litigation (Government Code
section 54956.9(b): 1 case
23. Report on Reportable Items Coming Out of the Closed Session – M/S/P by
Orozco/Davies with all in favor and zero opposed – Board approved to accept a
settlement agreement with Carr and Ferrell $74,408.21 and to pay that in a payment plan
terms of which will be set forth in a separate agreement as funds are available.
24. Attorney’s Report: Given by Mia Brown – Tour of the Delta by the Bar
Association that will be put on. Mia reports that if someone is interested that they
can contact Mia for the information.
25. Meeting is adjourned at 1:00 P.M. (Tuesday, January 6, 2015 is the next board
meeting date)
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