08-21-2012
Present: Tori Quinn, Dean Moreland, Belinda Bittner, Sal Lima, Lisa Kirk, Jody
Mazzarella, Paul Harper, Steve Hoxie
Public comment
Paul Harper gave his perspective of Delta Coves. When he was manager the BIMID
board wanted to cover perimeter/peninsula and that the court judgment is important for
the developer to follow.
Minutes of 7-31-2012 were read and follow up issues were noted. The minutes will serve
as a list of questions for engineers, consultants when the developer of the project
completes the final grading permit.
Operation and Maintenance Budget and Community Facilities District Mello-Roos Tax
The package before the committee consisted of the last current documents, which
included the following:
11-15-2007 Letter re: ownership of asset, establish jurisdiction, define responsibilities
and limit liabilities, application of the ad valorem tax, easements
11-15-2007 BIMID CFD List of Authorized services
Resolution to establish CFD,(never adopted)
CFD List of authorized floor and storm protection services,
Rate method of apportionment and manner of collection of special tax: RMA
Resolution Mello-Roos CFD of 1982(never adopted)
12-18-2007 Goals and Policies
01-14-2008 Board Minutes
11-14-2007 and 12-29-2007: Wood and Rogers,(consultants) reports for operation and
management
Discussion took place regarding the following:
Belinda suggested we call RD 800 to get a sense of their levee maintenance cost and legal
issues. She also stated that she will call the County to see if there is an Delta Coves
Escrow account and if monies are available to either the community,(weed abatement) or
BIMD.
Discussion took place regarding the maintenance on the groundwater pumping system.
BIMID has not taken over or monitored this system since it’s built out (2007?). A call
will be place to the county to obtain the name of the company who is maintaining system
and their records and if warranties on the equipment are current or voided.
In the Wood Roger letter of 12-14-2007, on page 2 under Annual Maintenance and
Service Cost, that BIMID out source servicing of special equipment and refers to a closed
circuit television inspections of the subsurface drain network, etc. Was this system ever
put into place during the last 7 years?
Breach Structure
The letter from Wood Rogers 12-19-2007 states a bi-monthly testing on the cathodic
protection system and a bi annual structural engineer inspection. It states the coating is a
one time application and assumes no reapplication for the next 50 years. It states that
$300,000.00 will be needed to replace the cathodic system and $4,000,000.00 to repair
and replace the breach structure. Annual Disimbursement was estimated at $99,200.00.
There was discussion regarding the annual amount that has not been collected and how
that past amount needs to be caught up. Also, has any bimonthly or biannual testing been
done and by whom. Since no as built plans seem to be available and testing of the
systems is unknown that this should be brought to the board’s attention, since the
structure is now part of the flood protection system that protects the Island. The structure
was permitted by the Army Coe Of Engineers,and not the county. There was discussing
of an evaluation of the system at present that would give a baseline,(after 7 years) on how
it is performing.
Department of Water Resources Subvention and Special project money was discussed.
The subvention program now reimburses BIMID for 75% for maintenance thru the
subvention program and Tori Q announced that a project to raise portion of the existing
levee to HMP thru special projects (95% reimbursement) was made by our engineer to
DWR. The question arose to if DWR will reimburse for Delta Coves breach structure and
levees/peninsulas. Paul H. thought there was a letter to BIMID stating a position. If no
letter can be found then another needs to be sent to DWR for a statement.
Because if the breach structure or DC levees come under the program then the
reimbursement from the state could have an impact on the O&M budget.
Belinda B. asked about the number of employees the new systems would require. The
answer may be in all the tables of Annual Operating Cost. The committee has not review
the tables.
Community Facilities District Mello Roos Tax
Many questions arose regarding this issue and the documentation. Lisa K stated that 1)
BIMID would receive a % of the DC property tax from the county, just as they do at
present,(which could be use for our existing levee cost. 2) The CFD Tax would be in
addition and pay for the Annual maintenance and system cost for DC only. 3) The Nexus
study BIMID is now doing would be a one time Development Impact Fee. Tori Q.
explain the basis for the DIF. There is a question that the DIF could be used to improve
our existing flood protection system or only the DC systems. Both systems are dependent
on the other for flood protection.
More information is needed on the CFD tax and that the last board members that were
involved in the discussion (2007-08) would be ask for assistance. It was decided by the
committee that Jody M and Lisa K would ask Sheila Goodson to review the documents.
Grants
Before becoming a standing committee, this group has met in an advisory capacity for 2
years researching and writing grants. Tori Q will comply of list of grant applied for, and
granted, so that we have an on going record. Tori Q is meeting with DFG to review the
mitigation site in regards to the application for the Rivers, Trail and Conservation grant
for technical support of a walking path, Still waiting to hear from ACOE regarding their
input and Delta Protection Commission is writing a letter of support. The committee
supports this effort in opening and educating the public of Bethel Islands unique natural
environment, while also achieving a credit towards a reduce share of cost within the
Department of Water Resources guidelines.
Mar L applied for a technical grant for public outreach.
Belinda B ask if BIMID could become a 501(3) C, non-profit. Since BIMID is a public
entity perhaps another group could achieve that status. The grants that we apply for are
given to public entities and the DWR subvention and special projects are the largest grant
monies available to us, but because of BIMID’s financial status, we are limited to what
we can apply for because of the district’s ability to cover our share of cost.
Steve will give Tori Q another website for grants.
Minutes Submitted by Lisa Kirk
925-382-5249
Addendum to Minutes: Meeting with former BIMID president Sheila Goodson on 08-242012.
Jody M and Lisa K meet with Sheila to discuss the information in the package and to
focus on the Mello Roos Tax the would create the Community Facilities District,(CFD).
She stated that most communications with the developer stop during the early months of
2008 because there was no more plan money available. That the developer was paying
for BIMID’s consultants (the O&M budget) Wood Roger and attorney fees Kent Alm.
The BIMID attorney at that time was Bill Galston.
The cost to for annual maintenance at that time was $568,000.00. This did not include the
perimeters.
Shelia stated that a project can not be charged more than 2% of their assessed value for a
Mello Roos, and that the county was also placing a Mello Roos on the project and that
BIMID cost would go over that 2%. The options were to not to take over certain systems
in order to say under the 2%. An example would be to only take on the ground water,
drainage system.
OTHER ISSUES
Problems with how BIMID was included in the CCR’S as to definition as to the districts
involvement and responsibilities into the various systems.
Perimeter sub drainages
Leakage of weirs and replacement of carriage bolts
NDPES permit
Peninsulas corners rounded vs. square
Fabric placed under the rock
Comments made by BIMID to the ACOE 7-1989
The Rate Method of Apportionment,(RMA) is just a template and was never done
She suggested that we obtain copies of the CCR’s, boundary maps and the contract that
was to go to the new owners of the development that included the four milestone.1)
Contra Costa grading plan,2)Formation of a Maintenance District, 3)Completion of gross
grading, 4)Acceptance and Approval of easements. Also, emails to the district from the
consultant, attorneys and engineers from February and March 2008.
She also stated that Wood Rogers did an excellent job on the operation and maintaining
budget.
Minutes Submitted by Lisa Kirk
925-382-5249