SACRAMENTO AREA FLOOD CONTROL AGENCY

BOARD OF DIRECTORS

ACTION SUMMARY

 

THURSDAY, January 20, 2011

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: John Shiels, Steve Cohn, Angelique Ashby, Stan Cleveland, Brian Holloway, Virginia Moose, Don Nottoli, Bonnie Pannell, Susan Peters, Dennis Rogers, Phil Serna, Jeff Smith, and Jimmie Yee

 

Directors Absent:  None

 

 

ROLL CALL

 

TIMED MATTERS (3:00 P.M.)

 

1.

Election of Officers

A.  Review Resolution No. 89-006 - Chairmanship Rotation Policy

B.  Election of Officers

 

Motion By Director Peters and Seconded by Director Pannell to nominate Director Shiels as Chair of the SAFCA Board for 2011.  

Motion by Director Holloway and Seconded by Director Yee to nominate Director Cohn as Vice-Chair of the SAFCA Board for 2111.

 

     AYES:  Shiels, Cohn, Ashby, Cleveland, Holloway, Moose, Pannell, Peters, Rogers, Serna, Smith and Yee

     NOES:  (None)

ABSTAIN:  (None)

 ABSENT:  Nottoli

 

 

 

 

CLOSED SESSION

 

Government Code Section 54956. - Consultation with Agency Counsel (Johnson, Gilchrist, Bassett, Floyd) Regarding Pending Litigation - Sacramento Area Flood Control Agency vs. Teal Bend L.P. et al, Sacramento County Superior Court Case No. 34-2010-00069588, Sacramento County APN 201-0250-002, 006, 008 and 110.

 

Report  Out:

 

Motion By Director Cohn and Seconded by Director Ashby to approve a partial settlement of the cost to cure items.

 

     AYES:  Shiels, Cohn, Ashby, Cleveland, Holloway, Moose, Pannell, Peters, Serna, Smith and Yee

     NOES:  (None)

 RECUSE:  Rogers

 ABSENT:  Nottoli

 

Government Code Section 54956. - Consultation with Agency Counsel (Johnson, Gilchrist, Bassett, Floyd) Regarding Pending Litigation - Sacramento Area Flood Control Agency vs. Melodie K. Rufer and Chris J. Rufer Trustees of the MKG Trust Dated October 28, 1988 et al, Sacramento County Superior Court Case No. 34-2010-00078430, Sacramento County APN 225-0090-089.


Report Out:

 

Motion By Director Moose and Seconded by Director Yee to approve a full settlement of the action.

 

     AYES:  Shiels, Cohn, Ashby, Cleveland, Holloway, Moose, Pannell, Peters, Rogers, Serna, Smith and Yee

     NOES:  (None)

 RECUSE:  (None)

 ABSENT:  Nottoli

 

Government Code Section 54956.- Consultation with Agency Counsel (Johnson, Gilchrist, Bassett, Floyd) Regarding Pending Litigation - Sacramento Area Flood Control Agency vs. Javed T. and Amna J. Siddiqui and the Siddiqui Family Partnership et al, Sacramento County Superior Court Case No. 34-2011-00094597, Sacramento County APN 225-0010-038, 041 ad 043.

 

Report Out:

 

Motion By Director Yee and Seconded by Director Holloway to approve a partial settlement of the cost to cure items

 

     AYES:  Shiels, Cohn, Ashby, Cleveland, Holloway, Moose, Pannell, Peters, Rogers, Serna, Smith and Yee

     NOES:  (None)

 RECUSE:  (None)

 ABSENT:  Nottoli

 

INTERIM EXECUTIVE DIRECTOR'S REPORT

 

2.

Report for January 20. 2011

 

CONSENT MATTERS

 

Motion By Director Rogers and Seconded by Director Ashby to approve the Action Summary for December 10, 2010 and Resolution 2011-002 of the Consent Matters, and to continue Resolutions 2011-003 and 2011-004 to the February 17, 2011 Board of Directors’ Meeting.

 

     AYES:  Shiels, Cohn, Ashby, Cleveland, Holloway, Moose, Nottoli, Pannell, Peters, Rogers, Serna, Smith and Yee

     NOES:  (None)

 RECUSE:  (None)

 ABSENT:  (None)

 

Motion By Director Holloway and Seconded by Director Moose to approve Resolution No. 2011-001 of the Consent Matters.

 

     AYES:  Shiels, Ashby, Cleveland, Holloway, Moose, Nottoli, Pannell, Peters, Smith and Yee

     NOES:  (None)

 RECUSE:  Cohn, Rogers and Serna

 ABSENT:  (None)

 

3.

Approval of Action Summary for December 10, 2010.

 

4.

Resolution No. 2011-001 - Authorizing the Interim Executive Director to Execute an Amendment to SAFCA's Sublease of the Brookfield-Richter Property, Sutter County APNs 35-080-012 and 35-080-032, Sopwith Farms (Bassett)

 

5.

Resolution No. 2011-002 - Authorizing the Interim Executive Director to Execute a Contract Amendment for Real Property Appraisal and Review Services Related to the Natomas Levee Improvement Program - Garland & Associates (Gilchrist)

 

6.

Resolution No. 2011-003 - Approving Stipulation with Tenant Ed Bianchi for Payment of Compensation, Disclaimer, and Waiver and Release of Claims and Authorizing the Interim Executive Director to Comply with the Provisions of the Stipulation, Sacramento Area Flood Control Agency v. Dhaliwal, Sacramento Superior Court Case Number 34-2010-00070156, Portions of Sacramento County Assessor's Parcel Numbers 201-0280-006 and 201-0280-062 (Bassett)

 

7.

Resolution No. 2011-004 - Approving Stipulation with Tenant Ed Bianchi for Payment of Compensation, Disclaimer, and Waiver and Release of Claims and Authorizing the Interim Executive Director to Comply with the Provisions of the Stipulation, Sacramento Area Flood Control Agency v. Dhaliwal, Sacramento Superior Court Case Number 34-2010-00070157, Portions of Sacramento County Assessor's Parcel Numbers 201-0270-052 and 201-0270-053 (Bassett)

 

SEPARATE MATTERS

 

8.

Resolution of Necessity No. 2011-005 - Authorizing an Eminent Domain Action to Acquire Real Property for the Natomas Levee Improvement Program - Portions of Sutter County Assessor's Parcel Numbers 35-010-001 & 008, and 35-130-003, Edward S. and Eileen L Vestal, Trustees of the Edward S. and Eileen L. Vestal Family Revocable Trust Dated April 6, 1995 (Bassett)

 

Motion By Director Cohn and Seconded by Director Don Moose to Approve Resolution of Necessity No. 2011-005

 

    AYES:  Shiels, Cohn, Ashby, Cleveland, Holloway, Moose, Nottoli, Pannell, Peters, Rogers, Serna, Smith and Yee

     NOES:  (None)

 RECUSE:  (None)

 ABSENT:  (None)

 

9.

Resolution No. 2011-006 - Accepting Contract as Complete and Authorizing the Interim Executive Director to File a Notice of Completion for the Natomas Levee Improvement Program - Private Irrigation Relocation Project - Sacramento River East Levee Reaches 1-4A, Contract 4007, with McGuire & Hester (Bassett)

 

Motion By Director Yee and Seconded by Director Moose to Approve Resolution No. 2011-006 .

 

     AYES:  Shiels, Cohn, Ashby, Cleveland, Holloway, Moose, Nottoli, Pannell, Peters, Rogers, Serna, Smith and Yee

     NOES:  (None)

 RECUSE:  (None)

 ABSENT:  (None)

 

10.

Resolution No. 2011-007 - Authorizing the Interim Executive Director to Execute Contract Change Order No. 7 for the Natomas Levee Improvement Program - Sacramento River East Levee Phase 1B (Reaches 2 through 4B), Elkhorn Irrigation Canal Phase 1 Relocation and Giant Garter Snake/Drainage Canal Phase 1 Construction Project, Sacramento County and Sutter County, California -Contract 4032, with Independent Construction Company (Bassett)

 

Motion By Cohn and Seconded by Director Moose to Approve Resolution No. 2011-007.

 

     AYES:  Shiels, Cohn, Ashby, Cleveland, Holloway, Moose, Nottoli, Pannell, Peters, Rogers, Serna, Smith and Yee

     NOES:  (None)

 RECUSE:  (None)

 ABSENT:  (None)

 

11.

Resolution No. 2011-008 - Authorizing the Interim Executive Director to Execute Contract Change Order No. 2 for the Natomas Levee Improvement Program - Sacramento River East Levee Phase 2B (Reaches 5A through 9B) and Phase 3 (Reaches 10 through 15) Tree Removal Project, Sacramento County, California - Contract 4044, with W.C. Maloney, Inc. (Bassett)

 

Motion By Director Moose and Seconded by Director Nottoli to Approve Resolution No. 2011-008.

 

     AYES:  Shiels, Cohn, Ashby, Cleveland, Holloway, Moose, Nottoli, Pannell, Peters, Rogers, Serna, Smith and Yee

     NOES:  (None)

 RECUSE:  (None)

 ABSENT:  (None)

 

12.

Resolution No. 2011-009 - Authorizing the Interim Executive Director to Execute Contract Change Order No. 2 for the Natomas Levee Improvement Program - 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 - Contract 4047, with A. Teichert and Son Construction Company (Bassett)

 

Motion By Director Yee and Seconded by Director Moose to Approve Resolution No. 2011-009.

 

     AYES:  Shiels, Ashby, Cleveland, Moose, Nottoli, Peters, Rogers, Smith and Yee

     NOES:  (None)

 RECUSE:  Cohn, Holloway, Pannell and Serna

 ABSENT:  (None)

 

13.

Resolution No. 2011-010 - Authorizing the Interim Executive Director to Execute Contract Change Order No. 2 for the Natomas Levee Improvement Program - Sacramento River East Levee Phase 1C (Reaches 1-2) Private River Diversion Pump Replacement Project, Sutter County, California - Contract 4053, with Howk Systems (Bassett)

 

Motion By Director Nottoli and Seconded by Director Peters to Approve Resolution No. 2011-010.

 

     AYES:  Shiels, Cohn, Ashby, Cleveland, Holloway, Moose, Nottoli, Pannell, Peters, Rogers, Serna, Smith and Yee

     NOES:  (None)

 RECUSE:  (None)

 ABSENT:  (None)

 

14.

Resolution No. 2011-011 - Authorizing the Interim Executive Director to Execute an Amendment to the Contract with AECOM for Environmental

Compliance and Regulatory Permitting Services Related to the Natomas Levee Improvement Program (Bassett)

 

Motion By Director Cohn and Seconded by Director Serna to Approve Resolution No. 2011-011 with the Stipulation that SAFCA Staff meet with the new board members and any other board member wishing to go over cost controls on the Natomas Levee Improvement Program consultant contracts and report back at the February 17, 2011 Board of Directors’ Meeting with any additional steps that need to be taken. Staff was also directed to format the Board Reports recommending approval of contract amendments and/or change orders to include the original contract expiration date and budget and to track this information in each additional amendment and/or change order.

 

    AYES:  Shiels, Cohn, Ashby, Cleveland, Holloway, Moose, Nottoli, Peters, Rogers, Serna, Smith and Yee

     NOES:  (None)

 RECUSE:  (None)

 ABSENT:  Pannell

 

15.

Resolution No. 2011-012 - Authorizing Payment of Annual Fees to the Natomas Basin Conservancy for Management of the Brookfield Property (Washburn)

 

Motion By Director Peters and Seconded by Director Rogers to Approve Resolution No. 2011-012.

 

AYES:  Shiels, Cohn, Ashby, Cleveland, Holloway, Moose, Nottoli, Pannell, Peters, Rogers,                    Serna, Smith and Yee

     NOES:  (None)

 RECUSE:  (None)

 ABSENT:  (None)

 

16.

Information - Common Features General Re-evaluation Report Update (Ghelfi)

 

17.

Information - NLIP Update for January 2011 (Johnson)

A.  Updated Cost Estimate for the Natomas Levee Improvement Program

B.  NLIP Update

 

RECEIVE AND FILE

 

18.

Information - SAFCA's Fiscal Year 2009-10 Audited Financial Statements (Lienert)

 

19.

Information - Fiscal Year 2010-11 Financial Status Report for Accounting Period 5 (Lienert)

 

20.

Information - 2010 Fourth Quarter Signature Contract/Amendments Report (Lienert)

 

PUBLIC COMMENTS

 

William Santucci

 

ADJOURN

 

 

Respectfully submitted,

 

 

Lyndee Russell

Clerk of the Board