Meeting Minutes for April 26, 2010
Chairman Spohn called the meeting to order at
2:03PM at the City of lrwindale Council Chambers. He welcomed new member
Dr. Frank Gomez, representing Montebello.
| I. | In attendance were:
Tim Spohn, Industry Tom King, SGVCOG David Gutierrez, San Gabriel Patricia Wallach, El Monte Frank Gomez, Montebello Michael Antonovich, County of Los Angeles Steven Atchley, Pomona Staff Rick Richmond, Chief Executive Officer Joe Silvey, counsel Deanna Stanley Paul Hubler Charles Tsang Lou Cluster Regina Talamantez Victoria Butler Guest John McGrath, Dragados USAIACS Shafi Sharifari, IDC Ralph Magna, MlPCO LLC Jeanne Harwin, Jacobs Engineering Nadine Salas, Gabrieleno lndians Bryce Little, PB Americas, Inc. Robert Dominguez, Gabrielenos lndians Ernest Salas, Gabrielenos lndians Art Salas, Gabreleno lndians |
| II. | Pledge of Allegiance
Member Gutierrez led the pledge of allegiance. |
| III. | Approval of Minutes of March 22, 2010
A motion was made to approve the minutes of March 22, 201 0. M/S/C/Antonovich/Gutierrez |
| IV. | Public comments
Ralph Magna, representing MIPCO reminded the Board that in September and October 2009 during the public comment periods he since then ACE has moved forward with condemnation and MlPCO has countersued and also sued ACE'S CEQA compliance. He stated he was of the opinion that ACE has been slow to respond to MIPCO's requests for information and is not being fair and reasonable. He indicated MlPCO was supportive of the Baldwin Avenue project but wanted ACE to settle in good faith and acquire the property in full. Nadine Salas, Gabrieleno Band of Indians indicated the Gabrielenos would continue monitoring the San Gabriel Trench project. She requested ACE notify them should any human remains be discovered during the project. She indicated the Gabrielenos wanted continued assurance that any human remains would be handled with utmost care and dignity. Ms. Salas also requested clarification on whether houses on Main Street would be demolished. Regina Talamantez, Senior Project Manager, responded that there no homes on Main which would be acquired or demolished as part of the San Gabriel Trench project. She also acknowledged the Authority's continued commitment to the community. |
| V. | Chairman's Report
The Chairman indicated the Finance Committee met on April 22" and thanked Audit Manager Menchu lturalde and Finance Director, Carlos Monroy for their presentation of material to the Committee. He encouraged other members to attend the next quarterly meeting. |
| VI. | Chief Executive Officer’s Report
Mr. Richmond indicated the Colton Crossing in Riverside was allocated $97 million in TClF and $33.8 in TIGER grant funds but the CTC found the project had not met TClF guidelines which could cause deprogramming said funds. He indicated the state and local officials have struggled to put together a deal with the railroads that demonstrates enough benefit for the local drivers and residents to warrant the funding. He indicated the regional officials must have an agreement signed by the consensus group to the CTC by early May so the state officials can forward it to the federal officials. He indicated staff was participating in discussions and would continue to monitor this issue. He also reported the Authority was recruiting for a Contracts Manager as the former Contracts Manager has accepted another opportunity. Victoria Butler, Senior Project Manager reviewed progress photos of the Sunset Avenue grade separation. |
| VII. | Approval of Selection and Contract Award for Construction Management
Services for the Nogales Street Grade Separation Mr. Richmond reviewed existing conditions at Nogales and summarized the proposed project. He reminded the Board that a typical grade separation project required a construction manager, design contractor and construction contractor. An RFP for construction management services was issued in January 21 01. Five proposals were received, of which, four were determined responsive. The Technical Evaluation Committee interviewed all four and the composite ranking, recommended PB Americas. A motion was made to authorize the Chief Executive Officer negotiate a construction management services contract with PB Americas, Inc. for the Nogales Street grade separation and for fiber optic relocation necessary for the San Gabriel Trench. MISICIGutierrezlKingIUnanimous |
| VIII. | Approval of Agreement with Southern California Gas Company for Utility
Relocation for the Nogales Street Grade Separation Mr. Richmond indicated the Nogales Street grade separation project included relocation of an underground 30-inch high pressure gas line which runs parallel to the railroad tracks. He indicated utilities determined to have prior rights are entitled to reimbursement for a share of actual costs. In this instance it has been determined Southern California Gas has prior rights and it is ACE'S responsibility to reimburse SGC 43% of the total cost, estimated to be $1,117,862. The Board discussed this matter. A motion was made to authorize a collectible work authorization with the Southern California Gas Company for utility relocation necessary for the Nogales Street grade separation at an estimated Authority cost of $1 , I 17,862 with a 10% contingency. M/SICIGutierrezNVallachiUnanimous |
| IX. | Certification of the Final Environmental Impact Report and Authorization
for Property Acquisition for the San Gabriel Trench
Mr. Richmond introduced Terry Hayes, of Terry Hayes & Associates (TAHA). He indicated TAHA was retained by ACE for environmental compliance. He further referenced an errata sheet distributed dated April 22, 2010 which contained revisions to the text of the document but did not affect the conclusions or the comprehensive coverage of the project impacts. Mr. Hayes introduced Jessica Kirchner. She indicated that CEQA guidelines require that prior to approving a project the lead agency must certify the final environmental impact report (EIR) has been completed in compliance with CEQA, the final EIR consider the information and the California Environmental Quality Act (CEQA) process. She reported that notice of preparation and scoping meeting was held, followed by draft supplemental environmental impact report (EIR) prepared, notice of availabili~lnoticeo f completion made. A 45 day public comment period has passed during which time community meetings were held by ACE. Ms. Kirchner indicated notices were mailed to affected parties within 1,000 feet of the project. Advertising in the Pasadena Star News and Chinese Daily News of a scoping meeting held in October, 2008. A public meeting was also held in October 2009. Comments received were incorporated into the document and a final EIR prepared. She indicated of the 33 written comments, 9 were from public agencies, one comment was received from the Union Pacific and two letters received from the affected storage facility. There were 2 1 written comments from the public and 3 verbal comments. She reviewed the cultural resources. There are 23 historic properties which are highly important to the project and community. She indicated the archaeological sites of concern are the San Gabriel Mission, the Southern Pacific RailroadlSan Gabriel Depot and two historic culverts. Ms. Kirchner reviewed mitigation measures that included: archaeological treatment plan, Native American coordination and monitoring, relocation of Chapman's Mill & Millrace, noise vibration management and monitoring plan, continuous vibration monitoring, post-construction survey, consideration of effects to setting, and repair of project-related damage to historic properties if necessary. She indicated vibration would be monitored up to one year after project completion. She indicated air quality and noise would also be closely monitored. Ms. Kirchner indicated ACE was partnering with the San Gabriel Unified School District. She indicated the drilling equipment to be used was less noisy. She indicated the next step was Board approval of the final EIR. A motion was made to certify the Final Environmental Impact Report for the San Gabriel Trench and adopt the Findings of Fact and Statement of Overriding Considerations and the Mitigated Monitoring and Reporting Program. MISICIGutierrezlAtchleylUnanimous Mr. Richmond reviewed the right-of-way requirements of the San Gabriel Trench. He indicated the only property full take required was a storage facility. A motion was made to authorize ACE to begin right-of-way acquisition for the San Gabriel Trench. MISICIGutierrezlAtchleylUnanimous |
| X. | Approval of Contingency Authorization for the San Gabriel Trench Design
Contract with MoRatt & Nichol Mr. Richmond reminded the Board that in December 2007 Moffatt & Nichol was selected to provide design and engineering services for the San Gabriel trench through preliminary design. He indicated at the May 2009 meeting the Board approved an amendment to include final design for a total contract value of $25,006,378. However, the final design authorization did not explicitly carry the 10% change order contingency provided for in the Authority's administrative code. He indicated as the design has proceeded a number of design and phasing changes have arisen which will require additional contract authorization. A motion was made to authorize the Chief Executive Officer execute contract change orders to the design and engineering services agreement with Moffatt & Nichol for the San Gabriel Trench up to 10% of the current value of $25,006,378. MIS/CIAntonovichNVallach/Unanimous |
| XI. | Approval of Close Out of Temple Avenue 4th Track Infrastructure
Construction Contract with SEMA Construction, Inc.
Mr. Richmond explained the Temple Avenue project is substantially complete. He indicated one piece of work remains outstanding. He indicated there was a gas line which needed relocation but the type of protection on the pipe has been a source of disagreement between the Union Pacific and Kinder Morgan. He indicated ACE cannot complete the work unless or until an agreement between the two parties is reached. However, it is in the best interest of both ACE and the contractor that ACE close out the contract to allow SEMA to receive withheld retention. The required relocation may be accomplished directly with the Union Pacific once the protection issue is resolved. A motion was made to 1. Accept the Temple Avenue 4th track infrastructure construction contract with SEMA Construction, Inc, as being completed in conformance with the project plans and specifications, with final closeout of the construction contract; 2. Approve the final retention of $1,239,994 to SEMA Construction, Inc. upon completion of the statutory period identified in the California Civil Code, if no claims have been filed, and upon concurrence of the Chief Executive Officer and 3. Authorize ACE to release the Labor and Materials Bond and Faithful Performance Bond upon expiration of the required lien period, if no claims and objections have been filed, upon concurrence of the Chief Executive Officer. M/S/C/King/Gomez/Unanimous |
| XII. | Quarterly Project Report Mr. Richmond reviewed the quarterly project status report. He indicated the project has experienced a $.4 million decrease from the last quarter due to Baldwin and Sunset projects, a decrease in indirect allocations and Nogales increased property value appraisals. He indicated the project at Temple Avenue had a one month delay due to storm related repairs. He reviewed the accomplishments which included completion of the Temple Avenue project, 65% design complete for the San Gabriel Trench project, installation of the Sunset Ave bridge and right of way appraisals completed for the Nogales Street project. |
| XIII. | Closed Session Government Code Section 54956.9(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 to open session and counsel announced no action was taken by the Board. |
| XIV. | Adjournment The meeting was adjourned at 3:24PM. |