Meeting Minutes for July 19, 2010
Roll Call - Chairman Spohn called the meeting to order at 2:01 PM 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 Frank Gomez, Montebello Stephen Atchley, Pomona Staff Rick Richmond, Chief Executive Officer Joe Silvey, Counsel Deanna Stanley Charles Tsang Paul Hubler Carlos Monroy Felix Sarao Guest Alan Ude, LA County Public Works Mark Padien, Atkinson Construction Holly Rockwell, Epic Land Solutions Ray Mehler, Epic Land Solutions |
| II. | Pledge of Allegiance
Member Gutierrez led the pledge of allegiance. |
| III. | Approval of Minutes of May 24, 2010
A motion was made to approve the May 24, 201 0 minutes. M/S/C/King/Gutierrez Wallach Abstained |
| IV. | Approval of June Minutes A motion was made to approve the June 28,201 0 minutes. M/S/C/King/Gutierrez/Unanimous |
| V. | Public comments
There were no public comments. |
| VI. | Chairman's Report
Chairman Spohn indicated item #8 was being pulled from the agenda. The Chairman reported Ms. Fran lnman was considered for nomination to the California Transportation Commission and a letter of support was sent to the Governor. He indicated her background and leadership in the San Gabriel Valley qualified her worthy of support. Chairman Spohn reminded the Board that the Finance Committee meeting would be held on July 21st in the ACE Offices at 11 AM and members interested in attending should RSVP to Deanna Stanley. |
| VII. | Chief Executive Officer’s Report
Mr. Richmond indicated ACE'S quarterly enewsletter was distributed and sent to legislators and ACE delegation, He also reported the San Gabriel Valley Economic Partnership was having its annual Awards Gala on August 6th and members interested in attending should let Deanna Stanley know. Mr. Richmond reviewed progress photos of the Sunset Avenue grade separation project. Mr. Richmond reported hnlo senior project manager positions have been filled. He reported Phillip Balmeo and Genichi Kanow will be joining the ACE team and was confident they will make significant contributions to the efforts of project. |
| VIII. | Approval of FY 2010 Budget Mr. Richmond reminded the Board this item was approved in May with the exception of a 3% merit salary pool. He indicated staff has researched practices of other cities and the County and determined step programs continue to exist thereby giving those employees the ability to earn increases based on satisfactory performance. He reminded the Board that both the COG Executive Board and the Finance Committee adopted the ACE budget without exception of a merit adjustment. He indicated ACE does not give cost of living increases and all adjustments are based solely on performance and was therefore recommending the budget as originally proposed. Member Gutierrez stated he supported the overall budget, however, did not agree with staff's recommendation for inclusion of a 3% merit increase due to current economic times and motioned to not approve staff's recommendation. The motion was seconded by Member King but did not pass on a 313 vote. Ayes: WaIlachlGutierrez/King Nayes: Atchley/Gomez/Spohn A motion was made by Member Gomez to approve the FY 201 1 budget as originally recommended including a 3% merit pool for salary adjustments. The motion was seconded by Member Wallach. Ayes: Gomez/WallachlKinglAtchleylSpohn Naye: Gutierrez |
| IX. | Approval of Annual Anticipated DBE Participation Level for Federal Fiscal
Year 2011 Mr. Richmond reminded the Board that ACE is required to submit to Caltrans an annual DBE participation level in conformance with DBE program directives and guidance issued by Caltrans. Padilla & Associates is the consultant used to develop and monitor the program. Based on the criteria, methodology and type of work the Authority plans to solicit staff recommends an anticipated participation level of 15% for the federal fiscal year 201 1. A motion was made to adopt staff's recommendation. MISICNVallachlKinglUnanimous |
| X. | Approval of Positions on State Legislation
Mr. Richmond reviewed the elements of AB 1104. He indicated this bill would enable the CTC to issue a letter of no prejudice and the Nogales Street project was involved in the program. A motion was made to support AB 1 104. MISIClKingNVallachlUnanimous Mr. Richmond reviewed the background of AB 1955 and indicated it was staff's opinion that an amendment was in order to better define the concept. A motion was made to oppose AB 1995. MISICIGutierrezlAtchley/Unanimous Mr. Richmond reviewed SB 409 and indicated this bill would address transportation corridors where there are conflicting uses. He indicated the bill has been referred to the Assembly Appropriations Committee and was hopeful the inclusion of goods movement projects would be addressed. A motion was made to monitor SB 409. MISICNVallachlKinglUnanimous |
| XI. | Quarterly Report Mr. Richmond reviewed the accomplishments over the last quarter which included delivering the flyover to the Union Pacific Railroad for track installation for the Sunset Avenue project and continued right of way acquisition activities for the Nogales Street and Baldwin Avenue projects. The San Gabriel Trench reached 85% design. A preliminary PUC application was submitted for the Trench project. Nogales designs at 100% were submitted to the County, City and third party for review and approval. He reported a 6 month delay on the Baldwin Avenue project and a 2 month delay on the Nogales Street, both attributed to right of way acquisition issues, one of which would be discussed at the meeting in closed session. He indicated the project cost forecasts a $1.6 million increase from last quarter due to Nogales project property appraisals and increased design costs. Mr. Richmond reviewed the cash on hand and investments and billing information. |
| XII. | Closed Session Counsel reported the Board would adjourn to closed session in accordance with Government Code Section 54956.9(a) to discuss existing litigation: Los Angeles Superior Court Case No. BC429699 - Alameda Corridor- East Construction Authority vs MIPCO, LLC et al and in accordance with Government Code Section 54957 to discuss the performance evaluation of the Chief Executive Officer. Member Antonovich arrived and joined the Board in closed session. The Board returned to open session and counsel announced there was no action taken by the Board. |
| XIII. | Adjournment The meeting was adjourned at 3:55PM. |