Meeting Minutes for July 27, 2009
Chairman Spohn called the meeting of the Board of Directors of the Alameda Corridor-East Construction Authority to order at 2:00PM.
| I. | In attendance were:
Tim Spohn, Industry Steve Atchley, Pomona David Gutierrez, San Gabriel Patricia Wallach, El Monte Tom King, Walnut, SGVCOG Rosemarie Vasquez, Montebello Gloria Molina, Los Angeles County Staff Rick Richmond, Chief Executive Officer Joe Silvey, Legal Counsel Deanna Stanley Cynthia Ambrose Charles Tsang Carlos Monroy Victoria Butler Lou Cluster Regina Talamantez Guests Enrique Alonso, Jacobs Engineering Jim Overcamp, Epic Land Solutions Marisela Cervantez, Assemblyman Charles Calderon BJ Swanner, Epic Land Solutions |
| II. | Pledge of Allegiance
Vice Chair Rosemarie Vasquez led the pledge of allegiance. |
| III. | Approval of Minutes of June 22, 2009
A motion was made to approve the minutes of June 22, 2009. M/S/Wallach/Atchley/King Abstained/Passed |
| IV. | Public comment
There were no public comments. |
| V. | Chairman's Report
Chairman Spohn welcomed new Board member, COG President, Mayor Pro Tem of the City of Walnut, Tom King. He recognized former member Spence and thanked him for his service on the Board. Chairman Spohn reported that the MTA Board approved $42 million for ACE from Measure R for pre-construction work for the San Gabriel Trench. He thanked Supervisors Molina and Antonovich and Councilmember Fasana for their continued support. |
| VI. | CEO's Report
Mr. Richmond reported that he participated in a meeting with Transportation Secretary of Transportation Ray LaHood as invited by Congresswoman Grace Napolitano. The meeting highlighted the Metro Gold Line Eastside Extension but also gave Mr. Richmond an opportunity to review the ACE Project. He indicated the Department of Transportation has established $1.5 billion in grant funding for the Transportation Investment Generating Economic Recovery (TIGER) program and ACE was encouraged to and would be submitting an application. Member Wallach requested clarification of the new office lease as reported and Mr. Richmond indicated the Authority negotiated three months of free rent and the report would reflect this correction. Mr. Charles Tsang reviewed construction progress photos of the Temple Avenue project. Ms. Victoria Butler reviewed construction progress photos of the Sunset Avenue grade separation project. |
| VII. | Approval of Acceptance of Final Design Contracts for East End Ave and Reservoir Street Grade Separation Project Mr. Richmond indicated the designer has completed all work required to support construction on the now completed East End Ave and Reservoir Street grade separation projects. He reminded the Board that this was an administrative procedure that the Board review and approve project completions. He reviewed the final contract values and DBE subcontracting goals. A motion was made to accept the design contracts with URS Corporation Americas, Inc. (URS) for the East End Avenue and Reservoir Street grade separation projects as being satisfactorily complete. M/S/C/Vasquez/Gutierrez/Unanimous |
| VIII. | Approval Amendment to Design Services Contract for Baldwin Avenue Grade Separation with AECOM USA, Inc
Mr. Richmond reminded the Board that the Baldwin Ave grade separation design began in 2002 and nearly completed by mid 2004. Due to the uncertainties in funding due to State budget issues, the project was placed on hold. In 2007 the project was reactivated and staff has been heavily involved in property relocations and acquisitions. In recent constructability reviews necessary to complete the design, various changes to the design were made which resulted in additional design work. Changes included design of shoofly, redesign of an improved intersection at Gidley and Baldwin and construction of a pedestrian bridge. Mr. Richmond reminded the Board that the property owner, Mr. Owens previously addressed the Board regarding limited in/out access to businesses. Ms. Vasquez requested clarification of the funding for the project and Mr. Richmond indicated this project was a candidate for economic stimulus funding discussed earlier and the application would request $31 million. A motion was made to authorize the Chief Executive officer amend the contract with AECOM USA, Inc for the Baldwin Ave grade separation to add $735,000 for additional services to update and modify the design of the Baldwin Ave grade separation. M/S/C/Wallach/King/Unanimous |
| IX. | Approval of Modified Construction Detour Plan and Property Acquisitions for the Nogales Street (LA Sub) Grade Separation Project-
Mr. Richmond reminded the Board that this project was originally to be constructed by the City of Industry. He described the elements of the project and reported this area is very heavily traveled due to its proximity to the 60 freeway and although not required ACE felt an obligation to provide a detour to mitigate the closure of Nogales Street during construction. He reviewed the affected properties. He reviewed the original plan for a detour was to use Otterbein and indicated various businesses including Santana Continuation School were displeased with this option as is the Union Pacific. He reviewed an optional plan which would require an easement across a vacant lot unto Charlie Street to San Jose Street. He indicated the property owner has been open to discussion regarding a purchase but the property is under a long term lease which complicates the transaction. He indicated with the Board’s approval, discussions can begin. A motion was made to approve the substitution of the proposed construction detour route and an inventory of property rights and relocate activities necessary for the construction of the Nogales Street grade separation to commence once the proposed Mitigated Negative Declaration on the project is approved by Caltrans. M/S/C/Vasquez/King/Unanimous |
| X. | Review of Quarterly Project Progress Report
Mr. Richmond reviewed the quarterly project costs. He indicated the project cost has been updated to add the costs of completion of design, right of way and construction for the San Gabriel Trench ($498.5M) and Nogales Street ($80.9M) projects |
| XI. | Review of Quarterly Financial Reports
Carlos Monroy reviewed the quarterly budget to accrual, cash expenditures by project and investments. |
| XII. | Closed Session
Counsel reported the Board would adjourn to closed session for two matters – as per Government Code Section 54956.9(a) to discuss existing litigation. LA Superior court Case No BC402512 and Government Code Section 54957 for discussion of the performance evaluation of the Chief Executive Officer. Member King requested former member Dave Spence participate in the performance evaluation discussion. Upon returning from closed session, General Counsel Joe Silvey announced that the Board had taken one action that had to be reported in open session. On a motion by Member Vasquez, seconded by Member Atchley, all members of the Board then present voted to adopt a settlement for Los Angeles Superior Court Case No. BC402512 (Huang v. ACE Construction Authority) under which: (a) the ACE Construction Authority would make an all-inclusive payment of $40,000; (b) there would be a waiver of all costs, claims and fees by all parties; and (c) all parties would dismiss their respective complaints and cross complaints with prejudice. Voting to adopt the settlement were Members Vasquez, Molina, King, Spohn, Wallach, Atchley and Gutierrez. |
| XIII. | Adjournment
The meeting was adjourned at 3:33PM |