SACRAMENTO AREA FLOOD CONTROL AGENCY

BOARD OF DIRECTORS

ACTION SUMMARY

 

THURSDAY, June 17, 2010

CITY OF SACRAMENTO COUNCIL CHAMBERS

915 I STREET

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:  Tretheway, Shiels, Gallagher, Gee, Holloway, Moose, Pannell, Quinn, Rogers, Schmidt and Smith

 

Directors Absent:  Johnson and Nottoli

 

 

 

ROLL CALL

 

 

TIMED ITEM - 3:00 PM

 

 

1.

Resolution No. 2010-075 - Certification of the Final Supplemental Environmental Impact Statement/Environmental Impact Report on the Mormon Island Auxiliary Dam Modification Project; Adoption of Findings, a Statement of Overriding Considerations, Mitigation Measures, and a Mitigation Monitoring and Reporting Program; and Approval of the Project (Ghelfi)

 

Motion By Director Virginia Moose, seconded by Director Cortez Quinn, to approve Resolution No. 2010-075.

 

AYES:          Directors: Tretheway, Shiels, Gallagher, Gee, Holloway, Moose,      Pannell, Quinn, Schmidt and Smith

NOES:         Directors: (None)

ABSTAIN:    Directors: (None)

ABSENT:      Directors:  Johnson, Nottoli and Rogers

 

 

 

2.

Resolution No. 2010-076 - Authorizing a Public Hearing to be Held for the Purpose of Approving SAFCA's Operations & Maintenance Fiscal Year 2010-11 Assessment Roll and Setting the Assessment Rate (Lienert)

 

Motion By Director Virginia Moose and seconded by Director Cortez Quinn to approve Resolution No. 2010-076.

 

AYES:          Directors: Tretheway, Shiels, Gallagher, Gee, Holloway, Moose,      Pannell, Quinn, Schmidt and Smith

 NOES:        Directors: (None)

ABSTAIN:    Directors: (None)

ABSENT:      Directors:  Johnson, Nottoli and Rogers

 

CLOSED SESSION

 

Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Subdivision (b) of Government Code Section 54956.9 - Two Potential Cases.

 

Nothing to Report

 

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

 

Motion by Director Moose and Seconded by Director Pannell to continue negotiations on the settlement.

 

AYES:          Directors: Tretheway, Shiels, Gallagher, Gee, Holloway, Moose,     Pannell, Quinn, Rogers, Schmidt and Smith

 NOES:        Directors: (None)

ABSTAIN:    Directors: (None)

ABSENT:      Directors: Johnson and Nottoli

 

CONSENT MATTERS

 

Motion By Director Brian Holloway and seconded by Director Cortez Quinn to approve Resolution Numbers: 2010-077, 2010-078 and 2010-079 of the Consent Matters.

 

 

AYES:          Directors: Tretheway, Shiels, Gallagher, Gee, Holloway, Moose, Pannell,       Quinn, Rogers, Schmidt and Smith

NOES:         Directors: (None)

ABSTAIN:    Directors: (None)

ABSENT:      Directors: Johnson and Nottoli

 

3.

Approval of Action Summary for May 20, 2010.

 

4.

Resolution No. 2010-077 - Approving the First Amendment to the Relocation Assistance Plan for the Natomas Levee Improvement Program Regarding the Phase 3 and Phase 4A Projects - Sacramento River East Levee Reaches 5A - 9B and Reaches 10-15 (Bassett)

 

5.

Resolution No. 2010-078 - Authorizing the Executive Director to Execute an Annual Consulting Contract with Mick Klasson for Grant Writing and Environmental Planning Services (Buck)

 

6.

Resolution No 2010-079 - Authorizing the Executive Director to Renew the Annual Contract with MBK Engineers for General Engineering Consulting Services (Ghelfi)

 

SEPARATE MATTERS

 

7.

Resolution No. 2010-080 - Adopting Final Fiscal Year 2010-11 Budget (Lienert)

 

Motion By Director Brian Holloway and seconded by Director Cortez Quinn to approve Resolution No. 2010-080.

 

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

NOES:         Directors: Gallagher

ABSTAIN:    Directors: Pannell

ABSENT:      Directors: Johnson and Nottoli

 

8.

Resolution of Necessity No. 2010-081 - Authorizing an Eminent Domain Action to Acquire Real Property for the Natomas Levee Improvement Program - Portions of Sacramento County Assessor's Parcel Number 2025-0090-078, Martin D. Souza, Trustee, the Martin D. and Janet M. Souza Trust (Bassett)

 

Motion By Director John Shiels and seconded by Director Virginia Moose to approve Resolution of Necessity No. 2010-081.

 

AYES:          Directors: Tretheway, Shiels, Gallagher, Gee, Holloway, Moose,     Pannell, Quinn, Rogers, Schmidt and Smith

NOES:         Directors: (None)

ABSTAIN:    Directors: (None)

ABSENT:      Directors:  Johnson and Nottoli

 

9.

Resolution No. 2010-082 - Approving the Stipulation with Tenant Ron Kubo for Payment of Compensation, Disclaimer, and Waiver and Release of Claims and Authorizing the Executive Director to Comply with the Provisions of the Stipulation, Sacramento Area Flood Control Agency vs. Bianchi, et al., Sacramento County Superior Court Case Number 34-2009-00054898, Portions of Sacramento County Assessor's Parcel Numbers 201-0250-011, 201-0250-012 and 201-0250-013 (Bassett)

 

Motion By Director John Shiels and seconded by Director Virginia Moose to approve Resolution No. 2010-082.

 

AYES:          Directors: Tretheway, Shiels, Gallagher, Gee, Holloway, Moose,     Pannell, Quinn, Rogers, Schmidt and Smith

NOES:         Directors: (None)

ABSTAIN:    Directors: (None)

ABSENT:      Directors:  Johnson and Nottoli

 

10.

Resolution No. 2010-083 - Authorizing the Executive Director to Execute Contract Change Order No. 7 for the Natomas Levee Improvement Program - Natomas Cross Canal South Levee Phase 2 and Sacramento River East Levee Phase 1 (Reach 1) Improvement Project, Contract 3980, with A. Teichert & Son Construction Company (Bassett)

 

Motion By Director Bonnie Pannell and seconded by Director Cortez Quinn to approve Resolution No. 2010-083.

 

AYES:          Directors: Tretheway, Shiels, Gallagher, Gee, Holloway, Moose,     Pannell, Quinn, Rogers, Schmidt and Smith

NOES:         Directors: (None)

ABSTAIN:    Directors: (None)

ABSENT:      Directors:  Johnson and Nottoli

 

11.

Resolution No. 2010-084 - Authorizing the Executive Director to Execute Contract Change Order No. 1 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 Virginia Moose and seconded by Director Art Gee to approve Resolution No. 2010-084.

 

AYES:          Directors: Tretheway, Shiels, Gallagher, Gee, Holloway, Moose,     Pannell, Quinn, Rogers, Schmidt and Smith

NOES:         Directors: (None)

ABSTAIN:    Directors: (None)

ABSENT:      Directors:  Johnson and Nottoli

 

 

12.

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

 

A.  Resolution No. 2010-085 - AECOM for Environmental Compliance and Permitting Services

B.  Resolution No. 2010-086 - MBK Engineers for Program Management Services

 

Motion By Director Virginia Moose and seconded by Director Howard Schmidt to approve Resolution No. 2010-085.

 

AYES:          Directors:  Tretheway, Shiels, Gallagher, Gee, Holloway, Moose,      Pannell, Quinn, Rogers, Schmidt and Smith

NOES:         Directors: (None)

ABSTAIN:    Directors: (None)

ABSENT:      Directors: Johnson and Nottoli

 

13.

Resolutions - Authorizing the Executive Director to Amend or Renew Annual Legal Services Contracts (Gilchrist)

A.  Resolution No. 2010-087 - Downey Brand

B.  Resolution No. 2010-088 - Orrick, Herrington & Sutcliffe

C.  Resolution No. 2010-089 - Shute, Mihaly & Weinberger

 

Motion By Director Bonnie Pannell and seconded by Director James Gallagher to approve Resolution No.’s 2010-087, 2010-088 and 2010-089

 

AYES:          Directors: Tretheway, Shiels, Gallagher, Gee, Holloway, Moose,     Pannell, Quinn, Rogers, Schmidt and Smith

NOES:         Directors: (None)

ABSTAIN:    Directors: (None)

ABSENT:      Directors: Johnson and Nottoli

 

14.

Resolution No. 2010-090 - Authorizing the Executive Director to Renew SAFCA's Contract with Grant A. Kreinberg of Water Resource Consultants for Project Management Services (Ghelfi)

 

Motion By Director Brian Holloway and seconded by Director Cortez Quinn to approve Resolution No. 2010-090.

 

AYES:          Directors: Tretheway, Shiels, Gallagher, Gee, Holloway, Moose,     Pannell, Quinn, Rogers, Schmidt and Smith

NOES:         Directors: (None)

ABSTAIN:    Directors: (None)

ABSENT:      Directors: Johnson and Nottoli

 

15.

Resolution No. 2010-091 - Authorizing the Executive Director to Execute an Annual Consulting Services Contract with the Center for Collaborative Policy for Facilitation Services for the Lower American River Task Force and for the California Levee Vegetation Science Team Research Collaborative (Buck)

 

Motion By Director Bonnie Pannell and seconded by Director Cortez Quinn to approve Resolution No. 2010-091.

 

AYES:          Directors: Tretheway, Shiels, Gallagher, Gee, Holloway, Moose,     Pannell, Quinn, Rogers, Schmidt and Smith

NOES:         Directors: (None)

ABSTAIN:    Directors: (None)

ABSENT:      Directors: Johnson and Nottoli

 

16.

Resolution No. 2010-092 - Awarding the Contract to the Lowest Responsive Bidder and Authorizing the Executive Director to Execute a Contract for the Natomas Levee Improvement Program Native Grassland Establishment Project for the Natomas Cross Canal South Levee and Sacramento River East Levee Reaches 1 to 4, including Levee Slopes, Seepage Berms, Operations and Maintenance and Utility Corridors, Contract 4066 (Buck)

 

Motion By Director Bonnie Pannell and seconded by Director Art Gee to approve Resolution No. 2010-092.

 

AYES:          Directors: Tretheway, Shiels, Gallagher, Gee, Holloway, Moose,     Pannell, Quinn, Rogers, Schmidt and Smith

NOES:         Directors: (None)

ABSTAIN:    Directors: (None)

ABSENT:      Directors: Johnson and Nottoli

 

 

17.

Resolution No. 2010-093 - Authorizing the Executive Director to Execute a Contract with SWECO Products for the Custom Design, Manufacture, and Purchase of a Ridger Roller Seeder Implement for the Natomas Levee Improvement Program Native Grassland Establishment Project (Buck)

 

Motion By Director Brian Holloway and seconded by Director Cortez Quinn to approve Resolution No. 2010-093.

 

AYES:          Directors: Tretheway, Shiels, Gallagher, Gee, Holloway, Moose,     Pannell, Quinn, Rogers, Schmidt and Smith

NOES:         Directors: (None)

ABSTAIN:    Directors: (None)

ABSENT:      Directors: Johnson and Nottoli

 

18.

Resolution No 2010-094 - Authorizing the Executive Director to Execute a Contract Change Order No. 2 for the Natomas Levee Improvement Program - Phase 2 Woodland Mitigation and Enhancement Project, Contract 4029, with River Partners (Bassett)

 

Staff recommends continuing this Item to the July 15th Board of Director’s Meeting.

 

Motion By Director John Shiels and seconded by Director Cortez Quinn to continue Resolution No. 2010-094 to the July 15th Board of Director’s Meeting.

 

AYES:          Directors: Tretheway, Shiels, Gallagher, Gee, Holloway, Moose,     Pannell, Quinn, Rogers, Schmidt and Smith

NOES:         Directors: (None)

ABSTAIN:    Directors: (None)

ABSENT:      Directors: Johnson and Nottoli

 

19.

Resolution No. 2010-095 - Authorizing the Executive Director to Execute a Contract Change Order No. 1 for the Sacramento River East Levee Phase 1C (Reaches1-2) Improvement Project Private River Diversion Pump Replacement, Sutter County, Ca - Contract 4053, with Howk Systems (Bassett)

 

Motion By Director Bonnie Pannell and seconded by Director Virginia Moose, approve Resolution No. 2010-095.

 

AYES:          Directors:  Tretheway, Shiels, Gallagher, Gee, Holloway, Moose,     Pannell, Quinn, Rogers, Schmidt and Smith

NOES:         Directors: (None)

ABSTAIN:    Directors: (None)

ABSENT:      Directors: Johnson and Nottoli

 

20.

Resolution No. 2010-096 - Approval of Contract Documents and Authorizing the Executive Director to Advertise for Bids for the Natomas Levee Improvement Program - Sacramento River East Levee Phase 3A Structure Demolition and Tree Removal Project - Contract 4069 (Bassett)

 

Motion By Director Bonnie Pannell and seconded by Director Virginia Moose to approve Resolution No. 2010-096.

AYES:          Directors: Tretheway, Shiels, Gallagher, Gee, Holloway, Moose,     Pannell, Quinn, Rogers, Schmidt and Smith

NOES:         Directors: (None)

ABSTAIN:    Directors: (None)

ABSENT:      Directors: Johnson and Nottoli

 

21.

Information - Natomas Levee Improvement Program Update (Buer)

 

PUBLIC COMMENTS

 

ADJOURN

 

Respectfully submitted,

 

LYNDEE RUSSELL