Special Meeting Minutes for March 7, 2011
Roll Call - Chairman Spohn called the meeting to order at 3:00 PM at the City of
lrwindale Council Chambers.
| I. | In attendance were:
Tim Spohn, Industry David Gutierrez, San Gabriel Stephen Atchley, Pomona Frank Gomez, Montebello Tom King, SGVCOG Patricia Wallach, El Monte Gloria Molina, LA County Board of Supervisors Staff Rick Richmond, Chief Executive Officer Joe Silvey, Counsel Deanna Stanley Phillip Balmeo Genichi Kanow Cecilia Cardenas Nathan Bocanegra Victoria Butler Paul Hubler Guest Alan Ude, LA County Hank Fung, LA County Tom Crowell, Rail pros Tom Duarte Michelle Boehm, CH2MHill Chris Morlok, Dragados, USA |
| II. | Pledge of Allegiance
Vice Chair Gutierrez led the pledge of allegiance. |
| III. | Approval of January 24,2011 Meeting Minutes A motion was made by member Gutierrez to approve the minutes of the regular meeting of January 24, 2011. M/S/C/Gutierrez/Gomez/Unanimous |
| IV. | Public comments
There were no public comments. |
| V. | Chairman's Report
Chairman Spohn reported that he and staff met with several members of ACE'S legislative delegation in Sacramento and members of the CTC staff to provide them an update of the ACE Project. He also reported that Congresswoman Napolitano endorsed ACE at a federal transportation program hearing which was held to solicit testimony as the multi-year federal transportation program is drafted. Lastly, he reported that he participated in a Town Hall meeting in Montebello along with Congresswoman Napolitano, member Frank Gomez and Rick Richmond. The meeting was well attended and provided ACE an opportunity to give Montebello an overview of the project, its funding and options for a project in the City. He expressed his appreciation for the Congresswoman's continued support. |
| VI. | Chief Executive Officer’s Report
Mr. Richmond introduced Nathan Bocanegra, ACE staff Senior Procurement Administrator. He indicated Nathan was formerly with Padilla & Associates and has been on the ACE team since 2003 and was hired as a result of the promotion of Cecilia Cardenas to Contracts Manager. Mr. Richmond reviewed his report on page 9 of the agenda. He indicated arrangements were made for a project tour for two members of the Senate Committee Environment and Public Works Committee, David Napoliello and Kathy Detrick who were in town for the Committee's meeting on federal reauthorization. He also indicated while in Sacramento he visited CalPERS headquarters to meet with a Deputy Chief Actuary and Senior Actuary to discuss information on terminating the SGVCOG contract at the completion of the ACE Project and confirmed, as reported to the SGVCOG, that there would be no liability to the SGVCOG after termination of the contract with CalPERS. |
| VII. | Approval of Selection of Moffatt & Nichol for Design and Engineering
Services for the Puente Avenue Grade Separation Mr. Richmond reviewed the project locations of both the Puente Avenue and Fairway Drive grade separation projects. He indicated a Request for Qualifications was released in November and nine proposals were received. The RFQ stipulated the top two ranked firms would be selected for one of the two projects. He reviewed the procurement process and indicated the recommendation of the technical evaluation committee staff was the selection of Moffatt & Nichol for the design and engineering of the Puente Avenue grade separation. He indicated the approval of the contract would be presented to the Board at the March 28th meeting. A motion was made to authorize the Chief Executive Officer to negotiate a design and engineering services contract with Moffatt & Nichol for the Puente Avenue grade separation project. King/Gutierrez/Unanimous |
| VIII. | Approval of Selection of CH2MHill. Inc. for Desinn and Ennineering
Services for the Fairway Drive Grade Separation Mr. Richmond indicated the presentation earlier applied to this item and this contract award would also be presented to the Board at the March 28th meeting. A motion was made to authorize the Chief Executive Officer to negotiate a design and engineering services contract with CH2M Hill for the Fairway Drive grade separation project. M/S/C/King/Wallach/Unanimous |
| IX. | Approval of Contract Amendment to AECOM for Support Services During
Construction for the Baldwin Avenue Grade Separation
Mr. Richmond reminded the Board that the Baldwin Avenue grade separation design plans were 'shelved' until construction funding was in place and when the plans revived designer AECOM was tasked in addition to other revisions, to incorporate storm drain redesigns as suggested by the City, the Sanitation District and DWP. Mr. Richmond indicated staff anticipates a construction cost savings as a result of the sewer redesign changes. Integration of shoofly specifications are also required which need to be included in the construction bid documents. He further reminded the Board that the designers are retained for the duration of construction to attend construction meetings, respond to bidder questions, assist with bid documents, review contractor submittals for compliance, perform field reviews and once the project is complete prepare final as-built plans. A motion was made to authorize the Chief Executive Officer amend the contract with AECOM to add $415,669 for design revisions and support during construction of the Baldwin Avenue grade separation. M/S/C/Gomez/Atchley/Unanimous |
| X. | Approval of Contract Amendment to KOA to add Candidate Grade
Separations to Phase II Study Mr. Richmond reported the original projects included in Phase II of the ACE Project were re-evaluated. The train and traffic data updated and concept plans and cost estimates also updated. He reviewed the alternative ranking methods. He indicated the results were presented to the affected cities, the ACE Board and the SGVCOG. The SGVCOG referred the study to a public works technical advisory committee who referred it to a subcommittee. The subcommittee has suggested concept plans and cost estimates for four additional locations should be added to the study - Fullerton Road in Industry, Durfee Road in Pico Rivera and Hamilton Blvd. and San Antonio Ave both in Pomona. In addition, the subcommittee also increased the scope of the projects, asking a roadway underpass option for each location be included. A motion was made to amend the contract with KOA Corporation in the amount of $93,733 to add concept plans and cost estimates for four additional grade separation locations in the scope of the Phase II study. M/S/C/Gutierrez/Spohn/Unanimous Chairman Spohn asked what account was charged for these costs and Mr. Richmond indicated this was charged to indirect costs and any increase in scope would have to be included in overhead as there are no approved project budgets for these projects yet. Chairman Spohn asked Mr. Richmond to send a letter to the committee to remind them of costs associated with increases to the Phase II study. |
| XI. | Approval of Performance Review of General Counsel Mr. Richmond indicated this item was placed on the agenda at the request of Member Gutierrez. Member Gutierrez indicated he thought it was appropriate for an annual performance review be done for general counsel which could coincide with the performance review of all other ACE staff the Board reviews. Discussion ensued regarding creating an evaluation process. After discussion it was agreed to create a committee to develop an evaluation process, set goals and standards for general counsel. A motion was made by member Gutierrez and seconded by member Wallach to create a committee consisting of members, Gutierrez, Chairman Spohn and member Gomez to develop a process for the performance review of general counsel. M/S/C/Gutierrez/Wallach/Unanimous Member Gomez asked if the Authority had a policy for placing items on the Board agenda. The Board requested this be discussed at the next meeting. |
| XII. | Review of Februarv 17 San Gabriel Valley Council of Governments Board
Discussion of ACE/SGVCOG Relationship Chairman Spohn thanked the Board for their support and expressed his appreciation for the Board's help in trying to protect integrity of the project. He further indicated his appreciation to Mr. Richmond for an informative presentation to the SGVCOG Governing Board at its February 17th meeting. This matter was discussed at length. Member King, as COG President expressed his apologies to the ACE Board and Mr. Richmond for actions of the SGVCOG's Executive Director, Nick Conway, including releasing the February 17th letter marked confidential to the SGVCOG members that appear to include misleading and inaccurate statements. He indicated he met with Mr. Conway earlier that day and was not made aware the letter was underway. Member Wallach indicated she thought Mr. Richmond's presentation to the Governing Board nicely addressed all issues and was a good overview of the ACE Project to the new members. Member Atchley indicated he thought it important that it needs to be made clear that there is no supervisory role of the Executive Director of the SGVCOG over the Chief Executive Officer of ACE. He indicated he also was concerned that legal counsel of the SVGCOG mischaracterized ACE as a committee to the COG. Member Molina asked if the February 4thle tter sent to the COG Board was responded to and Mr. Richmond indicated it was not. Discussion ensued regarding unresolved issues with the SGVCOG. It was agreed that letters should be developed to address any unresolved matters. A motion was made to for the Chief Executive Officer to draft letters - 1. From the ACE Chair on behalf of the ACE Board to the SGVCOG Governing Board reiterating the points made in the ACE Board's February 4th letter that ACE is operating in a manner consistent with the SGVCOG JPA and Bylaws; 2. From ACE General Counsel to the SGVCOG General Counsel confirming his opinion that ACE is operating within the standards of the JPA and 3. From the Chief Executive Officer to the Finance Committee of the COG confirming the finance reports received from ACE are satisfactory and that there are no exceptions. |
| XIII. | Approval of Comment on LA County Public Works Project Review Report. Mr. Richmond reported that Supervisor Antonovich's office tasked the LA County Public Works Department to review and prepare a study of the history of costs and schedule of the ACE Project from its inception. He indicated the Supervisor's office requested a response to the study. Mr. Richmond reminded the Board that the information used by the Public Works Department was taken directly from information reported quarterly to the ACE Board. Mr. Richmond reminded the Board that the original estimates of the ACE Project were developed by the SGVCOG in 1997 and were flawed in that they were missing or in many instances grossly underestimated key elements of the project including inflation allowance, overhead, a significant underestimate in Union Pacific force account work, right of way cost and costs associated with UPRR project scope expansion. The estimates were updated in 2006 and presented to both the ACE and SGVCOG Boards. The study by Public Works showed that of the seven projects included in their analysis the costs increase was relatively modest. With respect to schedule delays, five of the seven had minor delays in opening. The Ramona project had a nine month delay due to utility relocation and UPRR shoofly acceptance and the Sunset project experienced a 12 month delay due to significant differences in site conditions, delays with utility relocations and UPRR shoofly acceptance. Mr. Richmond indicated there were four recommendations made in the study which staff are either already doing or will implement. A motion was made to approve stafs response to the LACDPW's analysis of the ACE Project. M/S/C/Atchley/Gomez/Unanimous |
| XIV. | Closed Session Joe Silvey announced the Board would adjourn to closed session in accordance with Government Code Section 54956.8 for conference with real estate negotiators to discuss the five properties identified in the agenda materials. The Board returned and Mr. Silvey announced that the Board had taken three actions that needed to be reported. After a motion made by member King and seconded by member Gutierrez the Board approved the acquisition of certain property rights associated with the property at 305 East Main Street, San Gabriel, from Jason M. Ray for the amount of $30,000. Members Atchley, Spohn, King, Molina, Gutierrez, Wallach and Gomez all voted in favor of the motion. After a motion made by member Atchley and seconded by member Gutierrez the Board approved the acquisition of certain permanent easements and temporary construction easements associated with the property at 301 E. Main Street, San Gabriel from Nancy Tran for the amount of $40,000. Members Atchley, Spohn, King, Molina, Gutierrez, Wallach and Gomez all voted in favor of the motion. After a motion made by member Gutierrez and seconded by member Gomez the Board approved the acquisition of certain permanent easements and temporary construction easements associated with the property at 117 E. Main Street, San Gabriel from Trimar Properties, LLC for the amount of $20,000. Members Atchley, Spohn, King, Gutierrez, Wallach and Gomez all voted in favor of the motion. He indicated there were no other actions taken which needed to be reported. |
| XV. | Closed Session Counsel reported the Board would adjourn to closed session in accordance with Government Code Section 54956.8 to discuss real property negotiations on three properties - 227 E. Main Street, 111 E Main Street and 318-336 Agostino Road, each in the City of San Gabriel. The Board returned to open session and Joe Silvey reported the Board had taken the following actions: By a motion from member Gutierrez and seconded by member King the Board approved by members Spohn, Wallach, Gomez, Atchley, Gutierrez, King and Molina to acquire a temporary construction easement and permanent easement from Catalina Gaete in the amount of $19,490 for the San Gabriel Trench project; and By a motion from member Wallach and seconded by member Atchley the Board approved by members Spohn, King, Gutierrez, Gomez, Wallach, Atchley and Molina to acquire a temporary construction easement from Olga Garcia in the amount of $20,000 for the San Gabriel Trench project; and By a motion from member King and seconded by member Gomez the Board approved by members Atchley, Spohn, Gutierrez, Wallach, King, Gomez and Molina to acquire a temporary construction easement from Kurt and Sandra Mueller in the amount of $25,500 for the San Gabriel Trench project. Public Comment - Michael Scipione, a member of the public who was not in attendance during the public comment period asked permission to address the Board at this time. Mr. Scipione, a 23 year resident of Montebello representing the Montebello Village Homeowners Association expressed at length his concern of ACE's unwillingness to construct a trench project in Montebello and that it was his opinion that the City should not accept anything less. He also stated his concern that member Gomez was not representing the City's request of the same. Member King stated support of member Gomez and his representation and concerns of the citizens of Montebello. |
| XV. | Adjournment The meeting was adjourned at 4:43PM |