Bradford Reclamation

district 2059

Meeting Minutes for:
Time: 10:00 A.M. Date: February 18, 2014

The meeting was held at 6325 Bethel Island Road, CA

  1. Meeting is called to orderat 10:01 AM and there is Quorum: Present are the following: President Cate Kuhne, Trustees: Davies, Hall, Craig and Orozco. Legal Counsel Mia Brown is present; Engineer Dominick Gulli, Levee Superintendent Smith Cunningham, District Admin Angelia Tant taking minutes and a List of Landowners: Karen Cunningham, Gene Lewis and Mrs. Orozco.
  1. Trustees Comments: There are no trustee’s comments
  1. Public Comments: Smith Cunningham complains about the new drivers that are driving the Ferry. Trustee Orozco expresses that he heard that one of the drivers hit something and the Ferry is taking on water. Mrs. Cunningham expresses that one of the drivers did not pass their test and the fact that people are driving the ferry that have had previous DUIs.

Due to a prior engagement, the board agrees to address the agenda item #12. Engineers Report, at 10:05 AM.

  1. Update Authorized Bank Signers – M/S/P by Davies/Orozco with all in favor and zero opposed to adopt adding new signers to the bank account held at the Contra Costa County: Signers: Kuhne, Davies, Craig, Tant, Hall and Orozco.
  1. DWR Meeting –
  2. Appoint a committee from Bradford Island to meet with DWR – President Kuhne expresses that historically there was a committee and President Kuhne would like to add the district’s legal counsel Mia Brown to the committee. She would also like to add Trustee Craig to take her place on the committee.Dominick is setting a Dominick inquires on two locations with Cate being easier for her to reach. Trustee Kuhne expresses that both are the same distance for her to travel to and it will not make a difference.
  1. Ferry Policies Procedures– A history of discussions that transpired at a previous meeting that Mia was not present for was re-capped. Trustee Craig expresses that the ferry captain issues need to be addressed immediately. President Kuhne asks Trustee Davies to please contact Dave Forkel and inquire with him what items the Delta Ferry Authority requires from us to submit to the contractors as a part of the packet.
  1. Developer or Contractor’s Reimbursement Agreement for the reimbursement of charges of the overage uses of the ferry.
  2. Setting a policy that each developer or contractor must be given the Delta Ferry Authority’s set of rules
  3. Certificates of Insurance identifying the District and the Ferry as additional insured’s for large projects.
  1. Meeting Minutes – M/S/P by Craig/Davies with all in favor and zero opposed
  2. Approve Minutes for the January 21, 2014 Special Board Meeting
  1. Permits –
  2. “Ministerial encroachment permits: Discuss and consider authorization for tenants or occupants to sign encroachment permits for siphons, culvert crossings and other ministerial encroachment permits issued by the District Engineer, so long as the tenant-applicant agrees to be personally liable for said encroachment.” – President Kuhne expresses that we need to identify what we are considering to be a ministerial permit. Mia Brown expressed that sometimes this comes up when something minor has to be done that the board has nothing to really decide on it and could be approved by the district engineer prior to a board meeting. An example would be when a rancher needs to get a siphon in to get water to his cattle and it has to be done pretty quickly and this project cannot wait until a board meeting.

The landowner or the tenant with the landowner’s notarized approval may pull a permit. Mia expresses that this process is to avoid midnight construction. Mia expresses that we want records of the permits. The district engineer will be approving the ministerial permits. Landowner Karen Cunningham brings up the issue that the new document given to her outlined that they had to have a million dollar insurance policy. For the record the clarification on this is that the current encroachment regulations call for $300,000.00 and the million dollar one came from a document that Dominick mailed to them.

  1. Adopting a District Standard and Approving the Language in the Permit Agreement for Notarization– President Kuhne expresses that we need to have the district’s legal counsel review this document and have the board approve it, prior to it being given to landowners. When a permit is recorded, it looks like a permanent entitlement and you don’t want that. Mia goes over some regulations that could be included.
  1. Sosnowski/Harlan Permit – Status Report - The siphon can be removed due to the fact that they are off of the property. Their lease is up in April 2014 and there is notification that there is a sublease on the property with new tenants. A follow up letter to the landowner with regards to the siphon being removed will be drafted by Mia Brown.
  2. Phong Tran Permit – Status Report – They removed the work done and there is nothing else to do on this permit.
  1. Carr & Ferrell -
  2. Payment Plan - President Kuhne expresses that she got a letter out to Jim Lucey along with a packet of supporting documents. President Kuhne expresses that prior to when they were engaged and after they were released as general counsel that we continued to be billed for general corporate. The district did not approve these bills. The district was billed for research on the water code laws repeatedly because they did not know the law. The bylaws were written for a corporation and are no good to this district. It was found that the bylaws were started by Robert Yorio prior to the district even hiring him as their legal counsel. There were charges for research on an election and the prop. 218 that had to be re reviewed by another law firm. There was an original offer of $80,000that was refused and the counter offer that came back had set conditions that said, “That they would take $103,092.80 and they would continue to bill for general corporate and that we would pay. They would continue to bill us for anything not paid by DWR relative to the Tasman. The Board refused this offer. The final balance that we came up with is that we have been over charged for general corporate, over paid due to cross-billing with Tasman. The balance showing that they owe is $51,000+++. Several other UN ethical law practices were outlined.
  1. Contra Costa County Registered Warrants/Bank of Stockton Loan – Tabled
  2. Adopt and Execute Signatures on Resolution 2014-01 authorizing engagement of a contract with the CCC to obtain a $400,000 loan
  1. By Law Amendment(s)
  2. Status Report from By Law Committee - President Kuhne expresses that they have not gotten to the bylaws yet. Kuhne reports that Mia was very good in reviewing what the committee came up with. Mia clarifies that she read the encroachment regulations.
  1. Engineer’s Report – Given by Dominick Gulli with Green Mountain
  1. Status Report for Work Agreement BR-09-1.0 – Nothing to report
  2. Status Report for Work Agreement BR-09-2.0 – Nothing to report
  1. Status Report for Work Agreement BR-10.1.0 – Dominick expresses he sent letters out to the landowners and some of the landowners have responded one being Cate Kuhne and the other being the Bay View Boat Club with regards to an item that Mia was addressing. Dominick goes into some of the scope of work for this parcel. Dominick expresses that Mr. Mariani has sent him an email with a list of concerns. Dominick expresses that he feels that he is entitled to a permanent sanitation system. Dominick reads some portions of the email aloud for the board and public to hear. Dominick expresses that we have not contacted the County at all regarding the septic system and his previous plans remain to just install a manhole. Dominick expresses that this is an issue and Mr. Mariani is requesting an approved one. Dominick expresses that we can go to the County and outline what we are doing and see if the County will accept the proposed plan of work. Dominick did respond to Mariani’s email.

Dominick expressed that Mr. Mariani wants for the District to put the trailer on a pad. DWR does not pay to put encroachments back and explains that they only pay for removal of encroachments. Dominick expresses that his plan was to build a big wide pad that is above the levee template and explains that this will be a big fat levee. The larger issue is the septic. Mia would like to know if Mr. Mariani’s current septic is hooked up and is currently working. The response is no and Trustee Davies expresses he has a special type of toilet that disenigrates the waist and the fact that he rents portables when guests come. Mia expresses that he has abandoned the old one and the district’s basic duty is to make landowners whole. The fact that he doesn’t have a current working one that would be affected doesn’t mean that we have to install a new one for him. Dominick expresses that he will contact the county. Dominick expresses that we are a Reclamation District that is being presented with issues and problems that we didn’t cause. Dominick expresses that we have a flood control project that we need to get done. Dominick doesn’t know how the County will view these projects and if they will even consider some of the projects and buildings as being legal or condemned.

Dominic expresses that we need to go to the county and Smith gives some scenarios of what could happen if we do not go the county and the fact that the project could be shut down. Mia Brown expresses that the county has permitting authority and anytime you are doing any kind of demo, then we need a permit for the demo. Several landowners yell out that this house has already been red tagged. President Kuhne asks if Mr. Hall needs to recuse himself due to the fact that he works for Mr. Mariani. President Kuhne asks if he gets paid by Mr. Mariani and Trustee Hall says, “No”. Karen says aloud that his brother does but not him. Mia expresses that he does not have to recuse himself unless there is a financial gain. Trustee Orozco expresses that Mr. Mariani may have to go the county. Mia expresses that as long as everything is legal; he has the right to keep it. The district cannot give upgrades to landowners due to the fact that it is considered gifting of public funds.

President Kuhne expresses that Mr. Mariani is asking for certain things with regards to moving his cabin that we cannot offer him. Dominick expresses that once we move it up to the pad that Mariani wants to be recused from having to get permits. Mariani feels that if we are moving it then we need to obtain all of the permits. Trustee Davies expresses that he knows for a fact that when you have recreational vehicles parked, that you have to move them every so often and he has not done this for some time. Trustee Craig inquires with regards to the 110 feet rule. Dominick expresses that we will try to stay within the 110 feet line rule. Trustee Orozco expressed that he had to go and get all of his own permits at the county historically. The board discusses by passing the property and only complying with the 110 feet line rule. Dominick reports that he still needs to address the Cola property issues as well. Dominick reports that he will be going to the county and outlining the issues and the scope of work for the project.

Mia expresses to remember when we go to the county to keep in mind what their jurisdictions are and stay with just those jurisdictions. Smith expresses that he had a run in with the county and he has gotten in a few arguments with them and when they push his buttons he pushes theirs back. Smith reports that the county tries to stay out of the district issues unless they are a part of their jurisdiction. Landowner Gene Lewis expresses that his understanding with the county is that you cannot put a septic tank out there. Trustee Davies expresses that he had the same issue and he expressed that he went and purchased an above ground tank that he has serviced once a year. President Kuhne expresses that they will not allow a septic tank out on Bradford Island and gives different scenarios presented to the county and all were denied.

Trustee Craig expresses that he lived in this home many years ago and there is no confirmation that he does not have an approved septic system. Trustee Craig expressed that the last time he lived in that home the system was working. Landowner’s expresses that they have seen out houses being delivered to the island to his property therefore, they feel if he has a working septic system then why is he ordering the portables? Mia expresses that a demolition permit needs to be obtained from the county. The county wants to know when you are demolishing a building because they want to know what materials are being demolished and what health risks there may be such as asepsis. Mia touches base on what the possibilities of his lawsuit could be and on what grounds he could possibly have one. Mia touches base on illegal structures and items that are against public code and these things are not considered private taking.

Trustee Craig expresses that the issue may be that he has not been able to obtain permits in the past and this may be his attempt as a way around those denied permits to have the district apply for them. Mia expresses that if the county gets involved then it is the landowner’s responsibility however, in this case with it being the district’s project, we may have to cover the county fees involved. Smith expresses getting the property appraised and Dominick responded that this was a good point. Dominick expresses that possibly buying the Warren, Cola and a couple of other properties. Dominick expresses that there may also be some interest from the DWR as well to purchase some properties out on Bradford Island. Dominick touches base on the royalty payment and the fact that we have never received royalty payments in the past. Mia recommends Dominick going to DWR first and inquires if it is possible to skip a property and the fact that DWR may not think that this is kosher. Landowners expressed that historically that they have also skipped other landowner’s properties and pumps stations as well.

Mia expresses if we are not abiding by the agreement and that we are doing something else other than the scope of work outlined in the agreement that the DWR could ask for the money back on the basis of a breach of contract. President Kuhne expressed that they are looking at Bradford Island for habitat. The board further addresses all of the other projects that will have to be addressed. The concern that Trustee Craig outlines is that the levee is not raised high enough. Trustee Craig expresses that in 2006 that the water was up over the 100 year flood plain for approximately an hour.

President Kuhne expressed that if it is going to cost us $150k to do the project that in his letter it pretty much outlines that he wants payment in this amount for his property. President Kuhne expresses that we could talk to the DWR and see if this is one of the properties that they may be interested in. Mia expresses that the district would have to follow the preeminent domain rules that apply. Mariani’s property has several liabilities. Landowner Gene Lewis expresses that this is one of Mariani’s ways of extorting more money out of people. Mia expresses that the letter outlines that we will not be able to access his property without permission on the grounds that we comply with his demand. The district has a prescriptive easement for the road and the levee prism. Landowner Karen Cunningham expresses that his letter outlines that only one acre is the only usable portion of his property. Mia expresses that we do have the right to go in with eminent domain and the fact that he has several illegal structures or encroachments and that there is no taking of the property.

The board agrees that a committee will meet with DWR and see what they are willing to do and what their recommendations are. The district will defer the improvements at the Mariani property until all of the legal research has been done. Mia expresses that we should inquire with DWR on the eminent domain proceedings. Dominick expresses an alternate option of putting up a sheet pile wall and expresses that we would be able to pick up width of approximately 8-10 feet. Mia expresses that historically she has experienced with another district the nonpayment of FEMA funds due to putting up a sheet pile wall. President Kuhne expresses that CAL EMA and FEMA typically work together for the entire State of California. Dominick expresses that if we cannot put dirt on it, then this is a last resort to install the sheet pile wall. Dominick expresses that Mariani can talk to the county about seeing if he can put his septic tank at his property.