Bethel Island Municipal Meeting Minutes Improvement District Regular Meeting of 1/19/17

REGULAR MEETING OF THE BOARD OF THE BETHEL ISLAND MUNICIPAL IMPROVEMENT DISTRICT BETHEL ISLAND, CALIFORNIA 3085 STONE ROAD BETHEL ISLAND, CALIFORNIA

DATE: January 19, 2017

The Bethel Island Municipal Improvement District met in regular session lo cated at 3085 Stone Road, Bethel Island, CA at 7:00 p.m. Upon roll call, t he following were found to be present: Directors: Tony Berzinas, Bob Amri ne, Bruce Smith and Lee Simpson. Interim District Attorney Dave Larsen, Interim District Manager Jeff Butzlaff, District Engineer Mark Fortner, (from GEI), and Tom Bors (Senior Project Engineer from Argent Management) were also in attendance.

SWEARING IN OF NEWLY APPOINTED DIRECTORS District Clerk Bixby swore in the newly elected Board Members, Bob Amrine, Anthony Berzinas and Lisa Kirk. The new Board Members were seated.

BOARD DISCLOSURE OF POTENTIAL APPEARANCES OF CONFLICTS OF INT EREST None.

PRESIDENT’S MESSAGE President Smith stated there will be many opportunities this year for the Board to do the very best that they can in order to take full advantage to give the community the best from a fiscal perspective.

CONSENT CALENDAR A motion was made by Director Berzinas and seconded by Director Amrine to approve the minutes of the Special Meeting on December 8, 2017; approve the minutes of the Regular Meeting on December 8, 2017; and approve the minutes of the Special Meeting of December 30, 2017. The vote showed four directors in favor (Director Kirk abstained). Motion carried.

A motion was made by Director Berzinas and seconded by Director Amrine to authorize staff to update the ECC Bank signature cards (remove Dennis Eisenbeis as an authorized signer for all accounts; remove Dan Marsh as an authorized signer for the Park Checking Account; and add Lisa Kirk as an authorized signer for all accounts). The vote showed five directors in favor. Motion carried.

Board approved 2/16/17 Page 1 of 9 Bethel Island Municipal Meeting Minutes Improvement District Regular Meeting of 1/19/17

ELECTION OF OFFICERS A motion was made by Director Amrine and seconded by Director Berzinas to keep the officers the same for calendar year 2017 (Bruce Smith as President; Tony Berzinas as Vice President; Bob Amrine as Board Secretary; and Lee Simpson as Treasurer). Director Amrine will continue signing off on Project Applications; reporting on the Bethel Island Park; and reporting on BIMAC/Fire Station Update under Director Reports. Interim District Manager Butzlaff will be reporting on the Web Site. The vote showed five directors in favor. Motion carried.

ANNOUNCEMENTS None.

PUBLIC COMMENT Director Berzinas stated he had a conversation with someone at the Post Office who was looking at the maps and some of the legends that are posted at the Post Office. They were discussing the profile map and how it may not be as clear as it could be. He would like to see that the BIMID web site would describe the maps more clearly and regularly updated with current events that are happening within the District.

Attorney Dave Larsen suggested to put the discussion on the next agenda.

UNFINISHED BUSINESS AUTHORIZE BOARD PRESIDENT AND BOARD SECRETARY TO SIGN CONTRA COSTA COUNTY INTERAGENCY AGREEMENT FOR DRAINAGE MAINTENANCE SERVICES FROM JULY 1, 2016 THROUGH JUNE 30, 2019 Interim District Manager Butzlaff asked that this item be deferred until the next board meeting again to give the County additional time to respond to his request regarding how much the County receives each year from Island residents for ditch maintenance versus how much is given to the District.

Interim District Manager Butzlaff stated he wanted to add an agenda item under Unfinished Business regarding Delta Coves and the timing of receipt of the annual operational cost funds for the Delta Coves budget. This matter came to the attention of staff after the 72-hour agenda posting requirement. A motion was made by Director Berzinas and seconded by Director Simpson to add the agenda item as described by Interim District Manager Butzlaff. The vote showed four directors in favor (Director Kirk voted nay). Motion carried.

Board approved 2/16/17 Page 2 of 9 Bethel Island Municipal Meeting Minutes Improvement District Regular Meeting of 1/19/17

DISCUSSION OF DELTA COVES BUDGET Interim District Manager Butzlaff provided an overview of the emails that were going back and forth between him and Tom Bors of Argent Management. The discussion entailed how and when the money for the Annual Maintenance Budget would be paid to the District. It was determined that the funds for FY 2016-17 would not be received by the District until September 2017.

Mr. Tom Bors from Argent Management emphasized that the revenue distribution schedule had not been previously understood by Delta Coves either. He suggested that, to better understand how the bond funding works, it would be a good idea to invite the California State Community Authority and Bond Counsel to the next regular meeting to answer any questions.

Director Berzinas asked if the District can be put on the list to receive a copy of the insurance bond.

It was determined it would be that there be a staff meeting beforehand with staff, District Counsel and the Bond Counsel to discuss the details of the bond scheduling and report back to the Board with the results of that meeting.

Tom Bors stated with all the rain lately, they are still sixty days away from finishing all the work with the pumps and other items before the facilities and the maintenance thereof will be handed over to the District.

The Board asked to carry this agenda item forward until the next regular board meeting.

Agenda item 10F (Review and Approve FY 2016-17 Mid-Year Adjusted Budget) will be continued until the next board meeting and will include an update regarding the previously discussed Delta Coves funding issues.

NEW BUSINESS ADOPT RESOLUTION NO. 17-01-19A “ADOPTING INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR HORSESHOE BEND PROJECT” Engineer Mark Fortner stated this item had been before the Board at the last meeting. In compliance with AB52 Indian tribes needed to be notified of the project. A letter was sent out to the tribes and they sent back a letter stating they didn’t have any interest in the project.

Director Kirk asked about the comment from the Delta Stewardship Counsel about the inadequacy of the project description.

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Engineer Mark Fortner stated the project is adequately described.

Director Kirk asked about the cost for monitoring the project.

Engineer Mark Fortner stated the cost is included in the project budget.

A motion was made by Director Berzinas and seconded by Director Amrine to adopt Resolution No. 17-01-19A “The Initial Study/Mitigated Declaration Prepared for the Horseshoe Bend Levee Improvement Project”. The vote showed five directors in favor. Motion carried.

ADOPT RESOLUTION NO. 17-01-19B, “IN RECOGNITION AND APPRECIATION OF MARK WHITLOCK AS VOLUNTEER EMERGENCY PREPAREDNESS COORDINATOR Interim District Manager Butzlaff recommended to the Board that given Mr. Whitlock’s absence they accept his Letter of Resignation dated December 8, 2016 and defer the Resolution until the next meeting.

A motion was made by Director Amrine and seconded by Director Berzinas to accept Mr. Mark Whitlock’s Letter of Resignation dated December 8, 2016. The vote showed five directors in favor. Motion carried.

The presentation of the Resolution will be continued until the next regular meeting in February.

CONTINUATION OF AND ADDITIONAL INFORMATION REGARDING PRESENTATION BY DISTRICT ENGINEER MARK FORTNER (GEI) REGARDING PREVIOUS ANALYSIS OF LEVEE SYSTEMS “WEAK LINKS” AND PRIORITIES AND RECOMMENDATIONS FOR FUTURE ACTIONS, AND OUTCOME OF RECENT MAJOR STORM EVENTS District Engineer Mark Fortner presented his recommendations for “weak links” and future actions for the Board’s consideration. He added an item for encroachments to the list.

Director Berzinas stated in previous meetings it had been discussed to form a committee which would review and update the Five Year Plan and plan projects which would utilize the Assessment District funding.

President Smith suggested to come up with the projects before and then talk with the community in that location.

Board approved 2/16/17 Page 4 of 9 Bethel Island Municipal Meeting Minutes Improvement District Regular Meeting of 1/19/17

After much discussion, Director Simpson stated the District’s priorities should be getting rock on the levee. Rodents and water overtopping the levee should be the main concerns.

There was further discussion regarding future HMP projects that would raise/maintain the levee height using PL 84-99 or Bulletin 192-82.

There was also a brief discussion of the recent storms and the corresponding minor levee damage.

DISCUSSION AND CONSIDERATION OF APPLICATION FOR PROJECT APPROVAL FOR REPLACEMENT OF RETAINING WALL AT 2074 TAYLOR ROAD Engineer Mark Fortner stated the property at 2074 Taylor Road has a retaining wall that is encroaching into the levee. The retaining wall is a wood structure five feet high with cables into a dead man in the levee. There is only eighteen inches between the retaining wall and the house. The retaining wall is failing. He is recommending that the engineering calculations be redone to include footings and to core the levee to make sure there is nothing behind the wall. He is concerned because it would be a major excavation to remove the existing retaining wall.

President Smith stated there will have to be more engineering done on the wall. He recommended that the District Engineer work with the property owner’s engineer to come up with a solution and to then resubmit the application.

APPROVAL AND AUTHORIZATION SIGNATURE FOR CDBG EMERGENCY RESPONSE TRAILER AGREEMENT A motion was made by Director Berzinas and seconded by Director Amrine to authorize the Board President to sign the CDBG Emergency Response Trailer Agreement. The vote showed five directors in favor. Motion carried.

REVIEW AND APPROVE FY 2016-17 MID-YEAR ADJUSTED BUDGET This item was discussed previously, and all it staff adjustments already approved. Staff to resubmit Delta Coves budget at the next Regular Meeting in February subject to further clarity of its funding schedule.

INITIATION OF DISTRICT MANAGER RECRUITMENT PROCESS “DETERMINATION ON ‘IDEAL CANDIDATE’ CHARACTERISTICS FOR ‘BEST FIT’ WITH BIMID AND BETHEL ISLAND Interim District Manager Butzlaff recommended to schedule a special meeting/workshop to discuss this item.

Board approved 2/16/17 Page 5 of 9 Bethel Island Municipal Meeting Minutes Improvement District Regular Meeting of 1/19/17

The Special Meeting was scheduled for January 30, 2017 at 10am.

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STAFF REPORTS INTERIM DISTRICT MANAGER REPORT - UPDATE ON GOALS, STRATEGIES, PROBLEM AREAS, WORK COMPLETED Interim District Manager Butzlaff stated the PSP for the seepage on Stone Road will be coming in February. A written report was available for the public.

LEVEE SUPERINTENDENT MONTHLY REPORT OF WORK PERFORMED A written report was available for the public.

DISTRICT CLERK MONTHLY REPORT OF WORK PERFORMED

Date Address Concern Response/Action 12/1/16 607 Riverview Pl Rodent issue BIMID can’t use poison in residential areas 12/2/16 4901 N. Stone Rd Ditch sides have PO was instructed to install eroded and is a fence flooding his property, lost 4 calves 12/23/16 3025 Willow Rd W Blocked culvert next Not a BIMID ditch door, property under construction 1/4/17 4724 N. Stone Rd Need to fix ruts on Staff will repair when levee crown winter season is over 1/9/17 2938 Taylor Rd Ditches are collapsing Staff to repair ditch

Since the last meeting, the District has received and approved 3 project applications.

The next agenda cutoff will be Tuesday, February 7, 2017. Please have agenda items submitted to staff by that time.

The next Regular Board Meeting will be on February 16, 2017 at 7:00pm.

Safety Days: 1320 days with no accidents.

Please note: AB1234 – Ethics Compliance Training Directors, key staff and standing committee members must complete the Ethics Compliance Training every two years in accordance with Government Code sections 25008, 365124.5 and added sections beginning with 53232. If your name is in BOLD, your certification is due. The training can be taken on the FPPC website and at the District’s SDRMA online training site. These two training opportunities can be completed on your own schedule. Please contact the office for your username and password for the SDRMA website login. A completion certificate MUST be filed with the District office.

Board approved 2/16/17 Page 7 of 9 Bethel Island Municipal Meeting Minutes Improvement District Regular Meeting of 1/19/17

Directors and Staff Tony Berzinas 3/3/16, due 3/2/18 Denece Bixby 11/18/15, due 11/17/17 Julie Hugel 12/19/16, due 12/18/18 Bob Amrine 11/18/15, due 11/17/17 Lee Simpson 11/18/15, due 11/17/17 Bruce Smith 1/24/15, due 1/23/17 L. Jeff Butzlaff 2/25/15, due 2/24/17 Lisa Kirk due by 12/31/17

Brown Act Compliance Training Brown Act Training is a useful tool in local governance. Every Board Member needs to know about the Brown Act. It is complex, with many intricacies and yearly changes to the Act itself. Brown Act Training is recommended for every Board Member and Executive Employee every year to keep compliant with recent changes in the Act.

Brown Act Training is available on the CSDA web site (as an on-demand webinar; and is free to SDRMA members (as is BIMID)). Staff recommends that each Board Member take a refresher course on the Brown Act. Please contact Denece if you wish to register for the on- demand webinar.

Brown Act Training is available on the CSDA web site (as an on-demand webinar; and is free to SDRMA members (as is BIMID)). Staff recommends that each Board Member take a refresher course on the Brown Act. Please contact Denece if you wish to register for the on- demand webinar.

REPORT OF MONTHLY WORK TO BE PERFORMED The Board reviewed the Work to be Performed.

TREASURER’S REPORT Balances as of 12/31/16: Checking Account is $ 109,942.94 Money Market Account is $102,936.50 Includes: Operating Reserve $ 100,374.02 Unrestricted Funds $ 2,562.48 Park Account is $3,861.63 House Number Account: $388.42 Delta Coves First Deposit is $156,347.88 Special Project #2 Money Market is $2,501.64 (Unrestricted Funds) LFCF Repairs and Improvements: $15,027.41 LFCF Maintenance: $54,468.89

Board approved 2/16/17 Page 8 of 9 Bethel Island Municipal Meeting Minutes Improvement District Regular Meeting of 1/19/17

Advance Funding from DWR Special Project #3 Money Market is $322,198.47 (HSB Project)

January 2017 Accounts Payable after 12/31/16: $52,225.86 General Account

A motion was made by Director Simpson and seconded by Director Berzinas to pay the bills. The vote showed five directors in favor. Motion carried.

BETHEL ISLAND PARK Nothing new.

WEBSITE None.

BIMAC/BETHEL ISLAND FIRE STATION UPDATE Nothing.

BETHEL ISLAND PARK COMMITTEE (AD-HOC) Nothing.

DELTA INTERGOVERNMENTAL WATCHDOG COMMITTEE (AD-HOC) Nothing.

CORRESPONDENCE None was discussed.

SUGGESTION FOR FUTURE AGENDA ITEMS

A motion was made by Director Amrine and seconded by Director Berzinas to adjourn the meeting. The vote showed five directors i n favor. Motion carried.

The meeting adjourned at 9:48pm.

Submitted by Denece Bixby, District Clerk

Board approved 2/16/17 Page 9 of 9