Meeting Minutes for March 23, 2009
Chairman Spohn called the meeting to order at 2:08PM in the Irwindale City Council
Chambers.
| I. | In attendance were:
Tim Spohn, Chairman, Industry Harry Baldwin, San Gabriel Patricia Wallach, El Monte Rosemarie Vasquez, Montebello Dave Spence, SGVGOG Staff Rick Richmond, Chief Executive Officer Joe Silvey, Legal Counsel Deanna Stanley Guests Gary Neely, Senator Bob Huff Tom Crowell, Rail Pros |
| II. | Pledge of Allegiance
Member Baldwin led the pledge of allegiance. |
| III. | Approval of Minutes of February 23,2009
A motion was made to approve the meeting minutes of February 23, 2009. M/S/C: /Wallach/Baldwin/Unanimous |
| IV. | Public comment
There were no comments from the public. |
| V. | Chairman's Remarks
Chairman Spohn thanked the staff for coordinating successful meetings with legislators and staff in Washington. Chairman Spohn reported that this would be Councilmember Harry Baldwin's last meeting on the ACE Board. He reminded the Board of member Baldwin's many contributions to the Project since its inception and that he would be sorely missed. Rick Richmond also thanked member Baldwin for his contributions and expressed his appreciation. Gary Neely, representing Senator Bob Huff presented Councilmember Baldwin with a certificate of recognition. |
| VI. | Chief Executive Officer's Report
Mr. Richmond indicated he was pleased that the federal appropriations for fiscal year 2009 included $1.8 million for ACE Projects. He indicated there were three allocations totaling approximately $2-3M but clarification was needed on the definition of ACE in the language to determine if additional funds were available to us. Mr. Richmond reminded the Board that the grant anticipation notes were reduced in October to $53 million due to the instability in the financial markets. He indicated, since then our interest costs have declined to less than one percent and have remained steady in the .4--6% range over the last three months. He reminded the Board that this tool is used to generate net surplus. Lastly, he reported proposals for legal services were received and a recommendation is forthcoming at the next Board meeting. Charles Tsang reviewed construction project photos for Temple Avenue 4th Track. |
| VII. | Review of Project Definition Report and Property Requirements for
the Baldwin Avenue Grade Separation Project. Mr. Richmond reminded the Board that this item was at the request of Member Spence as a result of a property owners' concern with the design of the project. He reviewed the project plans and options at length. He reviewed considerations for access in and out of the King Ranch industrial center onto Gidley and Baldwin. He reminded the Board that staff will continue to work on reasonable solutions. Member Spence thanked Mr. Richmond for following up on this item. Hearing on Notice of Resolution of Necessity No. 09-01 and 09-02 Chairman Spohn opened the hearing on Resolution of Necessity No. 09-01. Joe Silvey, legal counsel, reviewed the eminent domain legal process which would apply for all Resolutions being brought before the Board. He indicated the Board would be asked to consider three requirements: 1. Whether or not the public interest, convenience and necessity require construction of the Baldwin Avenue grade separation project. 2. Whether or not the project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; and 3. Whether or not the property sought to be acquired is necessary for the project. He also indicated negotiations would continue even if the Resolution of Necessary was adopted and five affirmative votes were required to pass the resolution. Mark Mendoza reviewed the design options considered for the construction of the Baldwin Avenue grade separation project. He reviewed the property requirements from Nestle Water North America (Arrowhead). They are permanent easements for: underground utilities, retaining wall, underground footing and for adjoining property access. A temporary construction for approximately 24 months is also necessary. He indicated negotiations have been underway but unsuccessful. The public comment period was opened and there were no comments. The public comment period was closed. A motion was made by Member Baldwin to adopt the Resolution No. 09-01 as put forth by staff authorizing commencement of eminent domain proceedings so as to acquire fee simple interest in real property described therein. The motion was seconded by Member Wallach. Unanimous Chairman Spohn opened the hearing for Resolution of Necessity No. 09-02. Mark Mendoza reviewed the property requirements from Vons Grocery Company. He explained a permanent easement for adjoining property access is necessary for the construction of the Baldwin Avenue grade separation project. The public comment period was opened and there were no comments. The public comment period was closed. A motion was made by Member Baldwin to adopt the Resolution No. 09-02 as put forth by staff authorizing commencement of eminent domain proceedings so as to acquire fee simple interest in real property described therein. The motion was seconded by Member Wallach. Unanimous |
| VIII. | Hearing on Notice of Resolution of Necessity No. 09-03
Chairman Spohn opened the hearing for Resolution No. 09-03. Mr. Mendoza reviewed the project/design options considered for the Temple Avenue Train ~iversion/4T~ra~c k Project. He explained the preferred option required acquisition of a 9,429 square foot permanent easement from Altech Industries to enable extend slope embankment, He explained the property was used for medications and repairs of trucks that are used primarily to remove/install utility power poles. He reviewed right of entry and compensation for a new fence/wall adjacent to the right of way. He indicated negotiations for the purchase of the property interest have been unsuccessful and Altech's legal counsel asked staff to move forward with the condemnation process. The public comment period was opened and there were no comments. The public comment period was closed. A motion was made by Member Wallach to adopt the Resolution No. 09-03 as put forth by staff authorizing commencement of eminent domain proceedings so as to acquire fee simple interest in real property described therein. The motion was seconded by Member Spence. Unanimous. |
| IX. | LAN Engineering for Construction Management Services for the
Baldwin Avenue Grade Separation
Mr. Richmond explained the action adopted by the Board in 2001 offered up to four assignments in Phase I to LAN Engineering for Construction Management Services. He reviewed the scope of services for construction management which includes: constructability analysis, overall management of construction, safety, changeslclaims administration, coordination with agencies, material testing and inspection and contract closeout. He indicated LAN was the CM for the Nogales Street, Brea Canyon Road and Ramona Blvd. grade separation projects and this would be the final assignment under the . He indicated staff was pleased with the services they have provided and was confident the level of quality and professionalism would continue. He reminded the Board other project work would be released for bid soon. motion was made by Member Baldwin to authorize the Chief Executive Officer to amend the contract with Lim and Nascimento Engineering Corporation (LAN) to add $4,254,585 and a new task order #4 to the contract for construction management services associated with the Baldwin Avenue grade separation project. M/S/C:Baldwin/Wallach/Unanimous |
| X. | Adjournment
Chairman Spohn adjourned the meeting at 3:10 PM in honor of Councilmember Harry Baldwin, |