SACRAMENTO AREA FLOOD CONTROL AGENCY

BOARD OF DIRECTORS

ACTION SUMMARY

 

THURSDAY, December 10, 2009

BOARD OF SUPERVISORS CHAMBERS

700 H STREET SUITE 1450

SACRAMENTO, CA 95814

 

This meeting was recorded and videotaped. Persons wishing to listen to streaming video of this meeting may do so at www.safca.org. The video is available at any Sacramento library branch, and the SAFCA Office at 1007 7th Street, 7th Floor, Sacramento. Call (916) 874-7606 to make viewing arrangements.

 

 

Directors/Alternates Present: Peters, Tretheway, Cohn, Gee, Holloway, Moose, Nottoli, Pannell, Quinn, Rogers, Schmidt, Shiels, Smith, Yee

 

Directors Absent: Gallagher, Pannell

 

 

ROLL CALL

 

 

CLOSED SESSION

 

Government Code Section 54956.8 - Conference with Real Property Negotiators

Property: 130 Ascot Avenue, Rio Linda, Sacramento County

APN: 226-0061-025

Agency Negotiators: Buer, Gilchrist, Washburn, Bassett

Negotiating Parties: Merrilee Doss, Cyril Coyle

Motion by Director Shiels and seconded by Director Quinn, authorizing staff to continue negotiations with the parties.

 

AYES: Directors:  Peters, Tretheway, Moose, Quinn, Rogers,     Shiels,     Smith, Yee

ABSTAIN: Directors: (None)

ABSENT: Directors: Cohn, Gallagher, Holloway, Nottoli, Pannell

 

Government Code Section 54956.9 - Consultation with Agency Counsel (Buer, Gilchrist, Washburn, Bassett, Schwartz) Regarding Pending Litigation - Sacramento Area Flood Control Agency vs. Burton H. Lauppe and Kathryn L. Lauppe, Trustees of the Lauppe Family Trust, et al, Sutter County Superior Court Case No. CV CS 08-0879.

Staff recommended dropping this item from the agenda. No action.

 

Government Code Section 54956.9 - Consultation with Agency Counsel ( Buer, Gilchrist, Washburn, Bassett, Schwartz) Regarding Pending Litigation - Sacramento Area Flood Control Agency vs. South Sutter LLC, et al, Sacramento County Superior Court Case No. 34-2009-00054953.

 

Motion by Director Shiels and seconded by Director Quinn, authorizing staff to continue negotiations with the parties.

 

AYES: Directors: Peters, Tretheway, Cohn, Moose, Nottoli, Quinn,  Shiels,     Smith, Yee

RECUSE: Directors: Rogers

ABSENT: Directors: Gallagher, Holloway, Pannell

 

The Board authorizing staff to continue negotiations.

 

Government Code Section 54956.9 - Consultation with Agency Counsel (Buer, Gilchrist, Washburn, Bassett, Engberg) Regarding Pending Litigation - Sacramento Area Flood Control Agency vs. Warren H. Shelley, et al, Sutter County Superior Court Case No. CVCS 08-2556.

Under Negotiation: Price and Terms of Acquisition

The Board authorized staff to continue with negotiations.

 

 

CONSENT MATTERS

 

Motion By Director Tretheway and seconded by Director Moose to approve Resolutions 09-169, 09-170, 09-171, 09-172, 09-173 as amended, 09-174 and 09-175 of the Consent Matters.

 

AYES: Directors: Peters, Tretheway, Moose, Nottoli, Quinn, Rogers, Shiels, Smith, Yee

NOES: Directors: (None)

ABSTAIN: Directors: (None)

ABSENT: Directors: Cohn, Gallagher, Holloway, Pannell

 

 

1.

Approval of Action Summary for November 13, 2009

 

 

2.

Resolution No. 09-169 - Approving the Stipulation by Tenant Joe Yeung Farms, Inc. for Immediate Possession and Authorizing the Executive Director to Comply with the Provisions of the Stipulation, Sacramento Area Flood Control Agency vs. South Sutter LLC, Et Al, Sacramento County Superior Court Case Number 34-2009-00054953, Sacramento County Assessor's Parcel Numbers 201-0250-015, 201-0270-002 and 201-0270-037 (Bassett)

 

 

3.

Resolution 09-170 - Approving the Stipulation by Tenant Joe Yeung Farms, Inc. for Immediate Possession and Authorizing the Executive Director to Comply with the Provisions of the Stipulation, Sacramento Area Flood Control Agency vs. Evelyn B. Moody and Edwin Reed Moody, Et Al, Sacramento County Superior Court Case Number 34-2009-00054913, Portion of Sacramento County Assessor's Parcel Number 201-0240-037 (Bassett)

 

 

4.

Resolution No. 09-171 - Approving the Stipulation by Tenant Joe Yeung Farms, Inc. for Immediate Possession and Authorizing the Executive Director to Comply with the Provisions of the Stipulation, Sacramento Area Flood Control Agency vs. Citiland Inc., Et Al, Sacramento Count Superior Court Case Number 201-0240-006, 201-0240-007 and 201-0240-033 (Bassett)

 

 

5.

Resolution No. 09-172 - Authorizing the Executive Director to Amend the Contract with AECOM for On-Call Environmental Consulting Services Related to the Levee Vegetation Research Program and Ongoing Programs for the Lower Sacramento and American Rivers (Buck)

 

 

6.

Resolution No. 09-173 - Creating a Subcommittee of the Board of Directors to Review SAFCA's Eminent Domain Process and Authorize the Executive Director to Execute a Professional Services Agreement with Edgar & Associates LLP for Services Related Thereto (Peters)

Resolution No. 09-173 was amended to add Jeff Smith to the sub-committee.

 

 

7.

Resolution No. 09-174 - Authorizing the Executive Director to Renew the Annual Contract with Parsons Brinckerhoff for Assessment District Engineering Services (Lienert)

 

 

8.

Resolution No. 09-175 - Approval of Contract Documents and Authorizing the Executive Director to Advertise for Bids for the Natomas Levee Improvement Program - Sacramento River Private Pumping Plant - Contract 4053 (Bassett)

 

 

SEPARATE MATTERS

 

 

9.

Resolution No. 09-176 - Adoption of the Mitigated Negative Declaration for the California Levee Vegetation Research Program Study on the Effects of Trees on Nearby Levees and Adopting the Environmental Protection Protocol Monitoring and Reporting Program; and Approving the Project (Buck)

 

Motion By Director Tretheway and seconded by Director Quinn to approve Resolution No. 09-176.

 

 

10.

Resolution of Necessity No. 09-147 - Continued from November 13, 2009 Board Meeting) - Authorizing an Eminent Domain Action to Acquire Real Property for the Natomas Levee Improvement Program - Portions of Sacramento County Assessor's Parcel Numbers 201-0280-006 and 201-0280-062, Ranjit Singh Dhaliwal (Bassett)

 

Motion By Director Shiels and seconded by Director Moose to approve Resolution No. 09-147

 

 

 

11.

Amended Resolution of Necessity No. 09-157 (Continued from November 13, 2009 Board Meeting) - Authorizing an Eminent Domain Action to Acquire Real Property for the Natomas Levee Improvement Program - Horangic Family LLC (formerly Evelyn J. Horangic, as Trustee of Evelyn J. Horangic Revocable Living Trust) Sacramento County Assessor's Parcel Numbers 201-0150-020 and 201-0250-041 (Washburn)

 

Staff recommended dropping this item from the agenda because SAFCA reached a settlement agreement with the Horangics on December 4, 2009 for both APN Nos. No further Board action is required.

 

 

12.

Resolution No. 09-177 - Rejecting all Bids Received on Contract 4043 and Authorizing the Executive Director to Rebid the Contract for the Natomas Levee Improvement Program Phase 2 Woodland Corridor Mitigation and Enhancement Project - Contract 4043 (Buck)

 

Motion By Director Cohn and seconded by Director Quinn to approve Resolution No. 09-177.


AYES: Directors: Peters, Tretheway, Cohn, Holloway, Moose, Nottoli, Quinn,                    Rogers, Shiels, Smith, Yee

NOES: Directors: (None)

ABSTAIN: Directors: (None)

ABSENT: Directors: Gallagher, Pannell

 

 

13.

Resolution No. 09-178 - Awarding Contract to the Lowest Responsible and Responsive Bidder and Authorizing the Executive Director to Execute a Contract for the Natomas Levee Improvement Program - Contract 4044 - Sacramento River East Levee Phase 2A (Reaches 5A through 9B) and Phase 3 (Reaches 10 through 15) Tree Removal Project, Sacramento County, California (Bassett)

 

Motion By Director Yee and seconded by Director Shiels to approve Resolution No. 09-178.

 

AYES: Directors: Peters, Tretheway, Cohn, Holloway, Moose, Nottoli, Quinn,                                   Rogers, Shiels, Smith, Yee

NOES: Directors: (None)

ABSTAIN: Directors: (None)

ABSENT: Directors: Gallagher, Pannell

 

 

14.

Resolution No. 09-179 - Awarding Contract to the Lowest Responsible and Responsive Bidder and Authorizing the Executive Director to Execute a Contract for the Natomas Levee Improvement Program - Contract 4047 - Sacramento River East Levee Phase 2A (Reaches 5A through 9B) Structure Demolition and Tree Removal, Elkhorn Irrigation Canal Phase 2A Relocation and Private Irrigation Facility Relocation Project, Sacramento County, California (Bassett)

 

Motion By Director Moose and seconded by Director Shiels to approve Resolution No. 09-179.

 

AYES: Directors: Tretheway, Cohn, Gee, Holloway, Moose, Quinn, Rogers, Schmidt, Shiels, Smith,

NOES: Directors: (None)

ABSTAIN: Directors: (None)

ABSENT: Directors: Gallagher, Nottoli, Pannell

 

 

15.

Resolution No. 09-180 - Approving the Reduction in Retention and Authorizing Release of Retention for the Natomas Levee Improvement Program - Private Irrigation Facility Relocation Project - Sacramento River East Levee Reaches 1-4A, Contract 4007, with McGuire and Hester (Bassett)

 

Motion By Director Shiels and seconded by Director Moose to approve Resolution No 09-180.

 

AYES: Directors: Tretheway, Cohn, Gee, Holloway, Moose, Quinn, Rogers, Schmidt, Shiels, Smith,

NOES: Directors: (None)

ABSTAIN: Directors: (None)

ABSENT: Directors: Gallagher, Nottoli, Pannell

 

 

16.

Resolutions - Authorizing the Executive Director to Amend Contracts for Consulting Services Related to the Natomas Levee Improvement Program (Bassett)

A. Resolution No. 09-181 - Kleinfelder, Inc. for Geotechnical Engineering, Environmental Engineering and Construction Observation Services

B. Resolution No. 09-182 - Overland, Pacific and Cutler for Real Property Acquisition Services

C. Resolution No. 09-183 - Ray E. Martin LLC, Consulting Geotechnical Engineer for the Board of Senior Consultants

 

Motion By Director Moose and seconded by Director Quinn to approve Resolution No. 09-181, 09-182 and 09-183.

 

AYES: Directors: Tretheway, Cohn, Gee, Holloway, Moose, Quinn, Schmidt, Shiels, Smith,

NOES: Directors: Rogers

ABSTAIN: Directors: (None)

ABSENT: Directors: Gallagher, Nottoli, Pannell

 

 

17.

Information (Continued from November 13, 2009 Board Meeting) - Framework for SAFCA's Participation in Formulating the Central Valley Flood Protection Plan (Buer)

 

 

18.

Information - Continued from November 13, 2009 Board Meeting) - Common Features General Re-evaluation Report Update (Ghelfi)

 

 

19.

Information - Natomas Land Valuation (Washburn)

 

 

20.

Information - Natomas Levee Improvement Program Update (Buer)

 

 

21.

Information - Executive Director's Report (Buer)

 

 

PUBLIC COMMENTS

 

 

ADJOURN

 

 

Respectfully submitted,

 

 

 

 

LYNDEE RUSSELL