Meeting Minutes for March 22, 2010
Chairman Spohn called the meeting to order at 2:03PM at the City of
lrwindale Council Chambers.
| I. | In attendance were:
Tim Spohn, Industry Tom King, SGVCOG David Gutierrez, San Gabriel Patricia Wallach, El Monte Michael Antonovich, County of Los Angeles Steven Atchley, Pomona Staff Rick Richmond, Chief Executive Officer Joe Silvey, Counsel Charles Tsang Victoria Butler Regina Talamantez Lou Cluster Yanin Rivera Deborah Massey Cecilia Cardenas Cindi Ambrose Guest Allen Ude, LA Countv Public Works Jeanne Halwin, ~acobsE ngineering Bryce Little, PB Americas Shafi Sharifan, ID Consultants Polly Ann Walton, Athalye Consulting |
| II. | Pledge of Allegiance
Member Gutierrez led the pledge of allegiance. |
| III. | Approval of Minutes of February 22, 2010
A motion was made to approve the minutes of January 25, 201 0. M/S/C/Gutierrez/King /Unanimous |
| IV. | Public comments
There were no public comments. |
| V. | Chairman's Report
Chairman Spohn reported the meetings with legislators in Washington, DC were very successful. He and members, King and Gutierrez participated in discussions with key legislators and their staff to report the progress and funding needs for the completion of the ACE Project. He indicated he was optimistic for future ACE funding. He complimented the work of ACE Washington representative Kevin Jones. He also expressed appreciation to Rick Richmond, Deanna Stanley and Paul Hubler for the excellent efforts and coordinating the trip and meetings. He also thanked the SGVCOG, Foothill Transit and the San Gabriel Valley Economic Partnership for continuing to cohost the annual event. Mr. David Gutierrez also thanked the ACE staff for the great job and effort in preparation for the legislative meeting in Washington. He also added that Mr. Spohn did a great job leading the meetings and stated that people were happy with all the information he gave them. Mrs. Pat Wallach said she couldn't attend but that she also heard great comments from outside people on Mr. Spohn and that it was a great team effort. |
| VI. | Chief Executive Officer’s Report
Mr. Richmond updated the Board on the Authority's agreement with the holder of the commercial paper, BayerLB. He indicated the deadline to notice ACE of termination has passed and under the terms of the agreement coverage will continue until 2015. Mrs. Victoria Butler presented progress photos for the Sunset Ave. grade separation project. |
| VII. | Approval of Closeout of East End Ave/Reservoir St. Construction Contract
and Project Acceptance Mr. Richmond reviewed the history of the project. He indicated both grade separations were constructed by Ortiz Enterprises and work began in mid 2004. The Reservoir Street grade separation opened to traffic in December 2006 and work continued on East End Ave which opened to traffic in May 2008. He reminded the Board that there were claim disputes which were resolved through Board authorization for a final settlement in January 2010. He requested to close out the contract and release the bond with Ortiz Enterprises, Inc. as all construction work was accepted and claims settled. A motion was made to accept the East End Ave and Reservoir Street construction contract with Ortiz Enterprises, Inc. as being completed in conformance with the project plans and specifications, approve the final closeout of the contract and authorize the Contracts Manger to release the labor and materials bond and faithful performance bonds upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Chief Executive Officer. M/S/C/King/Atchley/Unanimous |
| VIII. | Approval of Amendment to FY 2010 Task Order for Engineering Survey
Services with Wagner Engineering Mr. Richmond explained that Wagner Engineering is currently performing additional surveying work required but not anticipated at the time their budget was prepared. At Baldwin Ave they are performing services for a reconfiguration of driveways. At Nogales they are currently involved with modifications for the detour road realignment as well as parcels involved in property acquisition negotiations. These additional services require $38,000 for FY 2010 resulting in a total task order value of $174,200. A motion was made to amend the 201 0 fiscal year task order with Wagner Engineering & Survey to provide additional services necessary for closing out Brea Canyon Road grade separation and for survey work for the Nogales street grade separation project at an additional cost not to exceed $38,000 resulting in a new FY task order of $174,000. MISICIAtchleylGutierrezlUnanimous |
| IX. | Approval of Project Definition Report for the San Gabriel Trench project
Regina Talamantez. Senior Project Manager, reviewed elements of the San Gabriel Trench Project. She indicated the 2.2 mile project would begin in the City of Alhambra along San Gabriel Blvd and terminate in the City of Rosemead. She indicated the four crossings would be eliminated at Walnut Grove, Ramona St., Mission Rd, Del Mar Ave and San Gabriel Blvd. over the Union Pacific rail line in the City of San Gabriel. She indicated ACE would use a single prime construction contractor for all project elements not performed by the UPRR or utility company contractors. Ms. Talamantez reviewed at length the scope to be completed by the contractor including grading, track installation, construction of bridges, abutments, substructure, superstructure, construction of pikes, pile caps and tiebacks for trench walls. She reviewed the utility relocations necessary and indicated staff is working with the utility companies and design consultant to find the most cost effective relocation alternatives. She also reviewed at length traffic detours and schedule. A motion was made to approve the Project Definition Report for the San Gabriel Trench construction and grade separations at Ramona Street, Mission Road, Del Mar Avenue and San Gabriel Blvd in the City of San Gabriel. M/S/C/King/AtchleylUnanimous |
| X. | Approval of Property Requirements for the San Gabriel Trench Project Mr. Richmond reminded the Board that prior to staff initiating property acquisition activities the property inventory require Board's approval. Ms. Talamantez reviewed at length the inventory of properties which included full acquisition of one full property, currently used as public storage facility. She indicated 48 partial acquisitions were required that affect 63 properties. Properties are required for bridge widening, tiebacks, shoofly signal houses, pedestrian crossings and utility and construction easements. The majority of requirements are for permanent easements for tiebacks. A motion was made to approve of the property requirements for the San Gabriel Trench. This authorization is subject to our future approval of a Finding of No Significant Impact (FONSI) for the project and completion of State and Federal environmental compliance processes (CEQAINEPA) MISIClKinglAtchley/Unanimous |
| XI. | State Transportation Legislation Paul Hubler gave a brief explanation of the state's gasoline tax and excise tax that would potentially be redirected upward of $1 . I billion toward shrinking a resurgent budget deficit. He indicated the Governor expected to make a decision by the end of the week. The Bill is to repeal sales tax in gas, about .I8 per gallon and be dedicated to public transportation projects. Mr. Hubler will continue monitoring and will give more information |
| XII. | Closed Session Counsel reported the Board would adjourn to closed session in accordance with Government Code Section 54965.9(a) to discuss existing litigation: to discuss real property negotiations ACE Construction Authority and Altec Industries Inc. and in accordance with Government Code Section 54965.9(a) to discuss existing litigation: Los Angeles Superior Court Case No. BS 1223376, Edward Rowland LLC and Golden Pacific Realty vs ACE Construction Authority. The Board returned from open session and Counsel announced that the Board, on a motion by King and seconded by Atchley and upon an affirmative vote by Spohn, King, Gutierrez, Wallach, Antonovich and Atchley agreed to pay Altec Altec Industries $325,000 to settle pending eminent domain litigation of acquisition of a permanent easement for the Temple Avenue Train Diversion Project. Counsel indicated with regard to discussion on the Rowland and Golden Pacific Realty vs ACE the Board had not taken any actions that needed to be reported. |
| XIII. | Adjournment The meeting was adjourned at 3:22PM in memory of Ed Wallach, husband of member Patricia Wallach. |