Bradford Reclamation

district 2059

Notice, CALL & AgeNda

Special Meeting Minutes for

ForNovember 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.
  1. 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.
  1. Public Comments: There are no public comments
  1. Meeting Minutes – M/S/P Davies/Orozco with all in favor and zero opposedto
  2. Approve Minutes for the meetings held on October 7, 2014
  3. Permits –
  4. 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.
  1. Bradford Island Tract 19 Mitigation Site –
  2. 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 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.
  1. DWR Meeting(s)–
  2. 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.
  1. Prop 218 Sunset –
  2. Status Report from the Prop 218 Committee
  3. 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.
  1. Subventions–
  2. 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.
  1. Ferry –
  2. 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.
  1. CarrFerrell -
  2. Payment Plan – will be covered under the closed item
  1. By Law Amendment(s)
  2. 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
  1. Engineer’s Report – Given by Dominick Gulli with Green Mountain
  2. 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. 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.
  3. Status Report for Work Agreement for Temporary Solidity Barriers
  4. 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 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.