Special Board Meeting Minutes for August 29, 2011
Roll Call – Chairman Spohn called the meeting to order at 1 :00 PM at the City of
Irwindale Council Chambers.
| I. | In attendance were:
Tim Spohn, Industry Angel Carrillo, SGVCOG David Gutierrez, San Gabriel Freddie Rodriguez, Pomona Frank Gomez, Montebello Staff Rick Richmond, Chief Executive Officer Joe Silvey, Counsel Alan Sozio, Counsel Deanna Stanley, staff Genichi Kanow, staff Guest Emma Enriquez, Gresham, Savage Judith Gillespie, GRDM Ralph Megna, MIPCO |
| II. | Pledge of Allegiance
Vice Chair Gutierrez led the pledge of allegiance. |
| III. | Approval of August 22 Regular Meeting Minutes A motion was made to approve the minutes of the Board of Directors regular meeting of August 22, 2011. M/S/C/Gutierrez/Gomez/Unanimous |
| IV. | Public comments
Comments on item #XII were deferred until discussion of that item. There were no public comments. |
| V. | Closed Session
Mr. Silvey announced the Board would adjourn to closed session in accordance with Government Code section 54956.9(a) to discuss existing litigation (two cases)- Los Angeles Superior Court Case No. BC429699, Alameda Corridor-East Construction Authority vs ·MIPCO LLC and Los Angeles Superior Court Case No. BS 125565 MIPCO LLC vs ACE Construction Authority. The Board returned to open session and Mr. Silvey announced there was no action taken by the Board that needed to be reported. Mr. Silvey requested the minutes to reflect Member Wallach joined the Board at the beginning of closed session. |
| VI. | Approval of Resolution No. 11-12 Finding and Determining the Terms of
the Resolution of Necessity No. 09-04 Adopted by the ACE Board on
September 28, 2009
Ms. Emma Enriquez, representing MIPCO LLC, addressed the Board. Ms. Enriquez indicated MIPCO has expressed numerous concerns to property access for its tenants. She indicated the tenants were in the grocery business and limited access would cause delays and delays in the grocery business means damages. MIPCO also was concerned that other properties were acquired in full. She indicated prior to the September 2009 Resolution ACE was in discussions with MIPCO to take the property in full. Ms. Enriquez expressed at length, concerns with alleged inconsistencies and administrative handling of documents related to the September 2009 Resolution including a Declaration of Necessity signed by Lou Cluster under penalty of perjury. She raised concerns of that the Lis Pendes filed in January with the Resolution submitted, signed by Deanna Stanley which described a full property take. She indicated if ACE legal counsel believed this was an error they should have resolved this early on. Ms. Enriquez further addressed at length MIPCO's issue with discovery and concern why Ms. Stanley was not able to produce notes from the September 2009 Board meeting until recently. Joe Silvey indicated the agenda item was merely a way to correct the administrative confusion. He indicated MIPCO counsel has mischaracterized the facts. He reminded the Board that there has been consistency with all materials presented to the Board that point at authorization to staff to obtain easement rights. Nothing MIPCO has presented can suggest anything otherwise. Further MIPCO knew ACE wanted easement rights and the minutes reflected the passing of the Resolution attached. If there were any discussion of anything contrary to the staff report the minutes would have reflected such. Negotiations were underway in September and full acquisition was discussed. However, it was never a part of a Resolution. Mr. Silvey indicated the staff report would be presented to the judge so he can consider all actions and will find this was simply a clerical error. Ms. Enriquez referenced there were documents signed by Ms. Stanley and Mr. Cluster which did occur. However, neither of them at the time realized the Resolution was incorrect. Mr. Silvey indicated, when the error was realized an errata was filed with the court. Further, the ACE Board approved the September 2009 minutes in October 2009 and MIPCO was represented at both meetings. He indicated, if there was any reference to a full take the minutes would reflect such. Further, if the September 2009 minutes were incorrect he was certain MIPCO would have objected at the October 2009 meeting where they were approved. Mr. Silvey indicated if the Board approved the recommendation today this would be revised to include the following and submitted to the court: The date of the Resolution No. 11-12 passed will reflect today's date. In section 1, the third line makes reference to materials presented -that will reference 'Monday August 22, 2001 and August 29, 2011 '. Chairman Spohn asked the Resolution No. 11-12 include under Section 1 (a), second line after September 28, 2009 the wording 'that the record clearly establishes that.. " Member Gutierrez also pointed out that page 5 of the staff report, item #2 the year in the date should reflect August 22, 2011 rather than 2001. A motion was made to adopt Resolution No. 11-12 as revised by counsel with the inclusion of Chairman Spohn's language, and corrected date as stated by Vice Chairman Gutierrez. M/S/C/Gomez/Spohn/Unanimous The meeting was adjourned at 2:05PM |