Meeting Minutes for April 27, 2009
The Chairman called the meeting to order at 2:00PM in the Irwindale City Council
Chambers.
| I. | In attendance were:
Tim Spohn Steven Atchley Paul Eaton David Gutierrez David Spence Patricia Wallach Rosemarie Vasquez Staff Rick Richmond, Chief Executive Officer Joe Silvey, Legal Counsel Deanna Stanley Cynthia Ambrose Charles Tsang Carlos Monroy Victoria Butler Regina Talamantez Guests Gary Neely, Senator Bob Huff Hank Alonso, Jacobs Engineering Bruce Russell, Jacobs Engineering Roosevelt Joshua, Safety Environmental Consulting Karadee Etheridge, Congressman Gary Miller Al Contreras, SCE Eugene Kao, KOA Corporation |
| II. | Pledge of Allegiance
Chairman Spohn led the pledge of allegiance. |
| III. | Approval of Minutes of March 23,2009
A motion was made to approve the minutes of March 23, 2009. Vasquez/Atchley/Unanimous. |
| IV. | Public comment
There were no public comments. |
| V. | Chairman's Remarks
Chairman Spohn reported that members were in Sacramento on April 15 to meet with legislators and staff to keep them updated on the ACE Project, its funding needs and thank them for their continued support. |
| VI. | Chief Executive Officer's Report
Mr. Richmond reported that federal legislators have submitted appropriation requests for the ACE Project. Congressman Dreier submitted a request for the overall project, Congressman Schiff, a request for the San Gabriel Trench and Congresswoman Napolitano for the Sunset Avenue project. Staff has sent letters thanking them for their support. Mr. Richmond reminded the Board that in the beginning of the project, program management functions were provided by Bechtel Corp. In late 2007 Mr. Richmond requested bringing these functions in-house as he believed it would be more cost effective and advised the Board that he would report back of the findings. He indicated a comparison is now available and is included in the agenda which shows a 33% cost savings, a greater savings than anticipated when factoring in 2.5 audit positions which were not in the program management functions, further justifying the overall benefits of an in-house program management function. Mr. Richmond also reminded the Board that procurement is underway for evaluating projects for Phase I1 and staff will have a recommendation for consideration at the next Board meeting. He reminded the Board that the next regularly scheduled meeting is May 11th. Lastly, Mr. Richmond reminded the Board that the quarterly mitigation monitoring reports are included in the agenda. He indicated the reports reflect comments from the community and staff's response for projects in construction during the past quarter. Mr. Charles Tsang, Senior Project Manager reviewed project progress photos the Temple Avenue project and Victoria Butler, Senior Project Manager reviewed project progress photos for the Sunset Avenue grade separation project. |
| VII. | Approval of Nogales Street (LA) Grade Separation Mitigation
Monitoring Plan, Mitigated Negative Declaration and the Nogales
Street Grade Separation Project Mr. Richmond reviewed the background of the project. He reminded the Board that the project originally was to be built by the City of Industry and funding was secured by the City for $60 million of the $85 million estimated needed for the project. Mr. Tsang reviewed the existing conditions. He reported average vehicle counts of 45,000 per day which cross railroad tracks shared by freight and commuter rail. Average speeds can reach up to 60 miles per hour. He highlighted the elements of the project which ACE Board Meeting April 28,2009 Minutes Page 3 include, depressing Nogales, construction of a two track railroad bridge, widen Walnut Drive and Gale Avenue, and an exclusive lane for southbound traffic to enter the 60 freeway westbound. He reported a community meeting was held in November 2008 and very well attended. He reported that the comments are summarized in the agenda. He indicated the majority of the concerns related to parking, accessibility into and out of shopping centers at Nogales and Gale and the proposed detour route at Otterbein Avenue. The matter was discussed at length. Mr. Tsang assured the Board that staff would continue to address minimizing the impacts on the community resulting from the construction of the project. Mr. Richmond reminded the Board that with the magnitude of the traffic in the area, construction will be an inconvenience but also assured the Board that staff would extend every effort to minimize the impacts. He reviewed the schedule and reminded the Board that one grant secured for this project required the project be in construction by 2010. A motion was made to approve the proposed Mitigation Monitoring Plan and Adopt a Mitigated Negative Declaration and approve the Nogales Street Grade Separation Project. M/S/C/Atchley/Vasquez/Unanimous |
| VIII. | Approval of Selection and Award of Contracts to Legal Firms
Chairman Spohn reported this item would be carried over to the May 11 meeting at the request of member Molina. |
| IX. | Approval of Task Order Amendment for Del Richardson for Property
Relocation Services
Mr. Richmond indicated the request for an amendment for this task order also applied to the next item on the agenda, He reported that pre-construction activities have been underway for the Baldwin Avenue and Nogales Street grade separation projects. As part of those activities property acquisitions for the Baldwin Avenue project have proven to be at a greater volume than anticipated. Del Richardson provides relocation services for those impacted by property acquisitions and services need to continue to complete relocations and meet critical deadlines. However, since the task order did not account for the increased number of relocations the contract will fall short prior to the end of the fiscal year. A motion was made to amend the fiscal 2009 task order with Del Richardson & Associates to provide additional services necessary for the Baldwin Avenue grade separation project at a not-to-exceed amount of $65,000 for a new FY 2009 task order of $219,000. M/S/C/Wallach/Gutierrez/Unanimous |
| X. | Approval of Task Order Amendment for Additional Survey Services for
FY 2009 for Wagner Engineering & Survey, Inc.
Mr. Richmond indicated Wagner Engineering provides plat maps and legal descriptions necessary for property acquisitions and is performing these tasks for both the Nogales Street and Baldwin Avenue grade separation projects. A motion was made to amend the fiscal year 2009 task order with Wagner Engineering to provide additional services necessary for the Baldwin Avenue and Nogales Street projects. M/S/C/Wallach/Vasquez/Unanimous |
| XI. | Approval of Office Lease
Mr. Richmond reported the ACE Project office has been at its current location since 2000 under a sublease to Washington Mutual. He reported that since the takeover by the FDIC staff has been in discussion with CB Richard Ellis on behalf of Metlife, the building owner to review ACE'S options. He reported options considered including moving into an ACE-owned building acquired for the Brea Canyon Road project. He indicated it was staff's belief that continuing at its current location was in the best interest of the project. He reported that one of the features of the existing lease was the use of office furniture, the majority of which is property of Metlife. Discussion ensued regarding the term of the lease. After discussion, a motion was made to approve staff enter into a lease with Metlife for 9,137 square feet of office space and to continue negotiations to potentially include a term extension for a reduction in monthly rent. M/S/C /Gutierrez/Wallach/Unanimous |
| XII. | Approval of Race-Conscious Disadvantaged Business Enterprise
Program Implementation Agreement with Caltrans
Pat Padilla, Padilla & Associates reviewed at length the history of the DBE Programs administered by Caltrans. She indicated ACE must required to comply with Caltrans program as a local agency recipient in order to continue to receive funding. Since May 2006 the program has been race-neutral and there have been numerous challenges to the program. In June a disparity study was conducted which resulted in four of the six groups initially included as DBEs under federal regulations being sufficiently qualified. She indicated the two groups now not included in the disadvantaged businesses are firms owned by Hispanic American males and Subcontinent Asian American males. She reminded the Board that ACE must approve the new program by June 2,2009 and indicated ACE has always administered networking opportunities at pre-proposal meetings in order to encourage the use of DBE contractors. Member Vasquez requested the records to reflect her concern and that she was disturbed by the removal of the two groups. Member Vasquez made a motion to approve the race-conscious disadvantaged business enterprise implementation agreement for local agencies and directed staff to prepare a letter to the Governor, Caltrans and the Secretary of Business, Housing & Transportation to encourage them to expedite a review and revise the study. M/S/C/Vasquez/Atchley/Unanimous |
| XIII. | Approval of Support of State Legislation Concerning Federal Railroad
Administration Grant Program
Mr. Richmond reported that ACE applied for a $2 million capital grant from the Federal Railroad Administration and was advised that the ACE did not qualify because it was not deemed a political subdivision of the State of California. ACE appealed the determination but was suggested to request assistance from other means to resolve this issue. Senator Huff agreed to introduce legislation to declare that the San Gabriel Valley Council of Governments and ACE be considered a subdivision of the State and may be applicants for railroad administration grants. He reminded the Board that the COG delegated ACE the authority to seek funding necessary for the project. Mr. Richmond indicated the COG had its attorney review the legislation and requested minor word changes which, in Mr. Richmond's opinion does not affect the overall essence of the bill. Member Spence agreed that the COG's attorney has reviewed the legislation but it was the COG's preference was that all the attorneys meet to further discuss the matter. The matter was discussed by the Board. After discussion Member Wallach indicated it was her belief that funding for the project was a benefit and other members agreed. A motion was made to support State legislation concerning Federal Railroad Administration Grant Program. M/S/C/Vasquez/Gutierrez/Spence oppose |
| XIV. | Review of Quarterly Project Progress Report
Mr. Richmond reviewed the project costs for the third quarter of the 2009 fiscal year. He reported an increase of $5.4 million due to East End/Reservoir agency support and construction costs, Ramona construction close out costs, Brea Canyon Road property settlement and UPRR close out costs, Baldwin Avenue property settlements and Sunset Avenue utility relocations and agency support costs. He reviewed the accomplishments which included closing out Brea Canyon Road, utility relocations at Sunset, construction of retaining wall at Temple Avenue, Baldwin right of way activity and site clearance. He also reported that the San Gabriel Trench design is at 35% and review is underway and that the environmental reports for both the San Gabriel Trench and Nogales Street were circulated. He reported the traffic study for Nogales Street was completed. |
| XV. | Review of Quarterly Project Financial Report
Carlos Monroy reviewed the quarterly financial reports which covered expenditures, receipts by project and investments. |
| XVI. | Adjournment
The meeting was adjourned at 3:32PM. |