Ernest Gutierrez, Chairman George Hunter, Vice Chair, Pomona Carol Herrera, Diamond Bar, SGVCOG Phil Marcellin, Industry Bob Bagwell, Montebello Harry Baldwin, San Gabriel Paul Eaton, SANBAG Staff Rick Richmond, Chief Executive Officer Joe Silvey, Legal Counsel Sharon Neely, staff Lou Cluster, staff Girish Roy, staff Bruce Armistead, staff Cynthia Ambrose, staff Deanna Stanley, staff Chip Conway, staff

Guests David Varnam, Congressman Gary Miller’s office Gary Neely, Assemblyman Bob Huff’s office Jack Yoshino, City of Walnut Donna Lee, Southern California Edison

II. Pledge of Allegiance

Member Hunter led the pledge of allegiance.

III. Approval of Minutes of December 19, 2006

A motion was made to approve the meeting minutes of December 19, 2006.
M/S/C:Baldwin/Hunter/Unanimous

IV. Public Comments

There were no public comments.

V. Chairman’s Report

Chairman Gutierrez indicated reviewed a press release issued regarding the Governor’s Goods Movement Plan. The Chairman encouraged the Board to attend the February 15th COG Governing Board meeting where the Board would be asked to approve a recommendation for Phase II ACE Projects.

VI. Chief Executive Officer’s Report

Mr. Richmond indicated the MTA had a goods movement workshop on January 29th soliciting ideas on policies for funding to submit to the CTC. Mr. Richmond reminded the Board of the upcoming legislative meetings to be held in Washington, DC March 12-14 and asked any members interested in attending to let staff know. Mr. Richmond reported that on January 11 the BTH and EPA released the Governor’s Goods Movement Plan which was a comprehensive approach for the future of goods movement along with environmental mitigation measures. He indicated the capital program recommendation was $3.5 billion and included an allocation of $691 million for the ACE trade corridor, a combination of Riverside, Orange and Los Angeles Counties with $331 million allocated to Los Angeles County. Lastly, Mr. Richmond indicated an event was being planned for Reservoir Street grade separation and details will be provided as soon as they are available.

Bruce Armistead, Senior Project Manager reviewed progress photos for the Temple Avenue train diversion, Reservoir Street and East End projects. Girish Roy reviewed the progress photos of the Brea Canyon Road grade separation project. Lou Cluster reviewed the progress photos of the Ramona Street grade separation project. George Nomura reported on Bechtel/Korve program management activities.

VII. Election of Officers

Chairman Gutierrez opened nominations for Chairman. A motion was made to nominate Ernest Gutierrez Chairman by member Marcellin and seconded by member Baldwin. There were no other nominations.
M/S/C:Marcellin/Baldwin/Unanimous

Chairman Gutierrez opened nominations for Vice Chairman. A motion was made to nominate George Hunter Vice Chairman by member Baldwin and seconded by Carol Herrera. There were no other nominations.
M/S/C:Baldwin/Herrera/Unanimous

VIII. Approval of Partial Acceptance of Reservoir Street Grade Separation Project from Ortiz Enterprises, Inc.

Mr. Richmond reviewed the scope of the Reservoir Street and East End Avenue grade separations. He indicated the Reservoir Street grade separation was substantially complete with the First Street roadway bridge and railroad bridge both functioning and Reservoir Street opened to traffic on December 29, 2006. He indicated the UPRR, Pomona City and ACE staff accept the major elements complete with only landscape, lighting, handrails and pump station yet to be completed.

A motion was made to accept the Reservoir Street grade separation substantially complete.
M/S/C:Baldwin/Herrera/Unanimous

IX. Approval of Declaration of Surplus Property in the City of Pomona

Mr. Richmond reviewed the properties affected by the construction of the Reservoir Street grade separation project that were no longer necessary. Of the parcels recommended one was a single family dwelling which staff recommended be demolished and potentially sold in combination with the vacant land adjacent along Price Street. The other parcels were a combination of vacant lots at Monterey and Reservoir. He indicated the City was reviewing their master plans and zoning of the area, which would have an effect on the potential sale. He indicated the sale would proceed in accordance with Caltrans guidelines.

A motion was made to declare parcels 17x, 17v, 17v-1, 17w-1, 17w-3 and 17u in the City of Pomona as surplus property.
M/S/C:Marcellin/Baldwin/Unanimous

X. Approval of Sale of Nogales Street Excess Property

Mr. Richmond reminded the Board that the sale of the Nogales Street excess property was being sold for full asking price. He indicated that during the process of selling the property to the recommended developer (by the West Covina Community Development Commission) we were notified that Caltrans guidelines did not permit the sale to a private developer. He reported that the guidelines would permit the property be sold to West Covina Community Development Commission who may, in turn, sell the property to the developer. He indicated the Commission was acceptable with this arrangement with the understanding that ACE would reimburse them for modest attorney fees necessary during for the sale.

A motion was made to rescind the previous authorization to sell 5.5 acres of surplus property at Nogales and Valley to CGM West Covina, LLC and in lieu of that, authorize the sale of this parcel to the West Covina Community Development Commission for $5,145,000 and that ACE would reimburse
M/S/C:Herrera/Hunter/Unanimous

XI. Approval Baldwin Avenue Grade Separation Property Acquisition

Mr. Richmond reviewed the components of the Baldwin Avenue grade separation project. Included are: acquisition/relocation of 22 residential, 6-7 commercial parcels and 4-5 easements; utility relocations; railroad shoofly; two-track railroad bridge; roadway underpass between Rose and Gidley Streets, retaining walls and slopebacks and landscaping. He reminded the Board that this project has been on hold since 2003 due to funding uncertainties. He updated the Board on prior action and identified the updated property requirements and budget.

A motion was made to restart project development activities on the Baldwin Avenue grade separation project through the following authorizations:

• Initiation of property acquisition and relocation activities;
• Amendment to the approved property inventory as described in the staff report
• Amendment to the FY to the Bechtel/Korve JV contract in an amount of $600,000 to support environmental, property acquisition and relocation activities.
  M/S/C:Baldwin/Marcellin/Unanimous

XII. Quarterly Project Progress Report

Mr. Richmond indicated the project quarterly report has been updated since last quarter. The update includes deletion of project information of completed projects and addition of revised budgets updating the overall project as presented to the Board in December, resulting in an overall net increase of $11.4 million from last quarter. Contributors to the cost increase were: late invoices received from the UPPR on the completed Nogales Street grade separation project of $.2M, design, construction and design construction support for the Temple Avenue project (train diversion and 4th track) combined of $2.9M, right-of-way purchase (Hartlieb building) at Brea Canyon Road of $3M and revised estimates for the Baldwin Avenue grade separation project of $25.3 million. Mr. Richmond reviewed the accomplishments. They included substantial completion of the Reservoir Street grade separation project, opening Reservoir to traffic on December 29th, closing East End Ave for roadway excavation and shoofly track grading; completed west bridge piles, pump house construction and continued retaining wall construction at Ramona Blvd., completion of the audiology lab and continued pier protection structures on the Temple Avenue project, closure of Brea Canyon Road and Metrolink lot access road opened to traffic, Walnut Valley Water and Gas Co. utility relocations complete while SCE, MWD storm and sewer lines continue at Brea Canyon Road. The notice to proceed was issued for the Sunset Avenue grade separation project in November. There were no issues that affected schedules during this quarter.

XIII. Public Comment

Ms. Donna Lee of Southern California Edison complimented the ACE team for their efforts towards maintaining a positive working relationship with Edison and thanked the team for their continued efforts.

XIV. Quarterly Financial Report

Chip Conway, Finance Manager reviewed quarterly budget versus accrued actuals, cash expenditures by project, expenditures versus receipts by project and overall investments. There were no questions.

XV. Adjournment

A motion was made to adjourn at 3:07PM