Alameda Corridor-East Construction Authority

Transcription

1 Alameda Corridor-East Construction Authority 4900 Rivergrade Rd. Ste. A120 Irwindale, CA (626) fax (626) ALAMEDA CORRIDOR-EAST CONSTRUCTION AUTHORITY BOARD OF DIRECTORS SPECIAL MEETING AGENDA Monday, March 16, :00 P.M. Montebello City Hall 1600 W. Beverly Blvd. Montebello, CA Revised Members of the public may comment on any item on the agenda at the time it is taken up by the Board. We ask that members of the public come forward to be recognized by the Chair and keep their remarks brief. If several persons wish to address the Board on a single item, the Chair may impose a three-minute time limit on individual remarks at the beginning of the discussion. Montebello City Hall is accessible to persons using wheelchairs and with other disabilities. Informational material will be available in large print. Assistive listening devices, materials in other alternate formats, American Sign Language interpreters and other accommodations will be made available upon request. Requests should be made to Deanna Stanley at ext. 142 or dstanley@theaceproject.org Providing at least 72 hours notice will help ensure availability. I. Pledge of Allegiance II. Roll Call and Introductions III. Public Comment IV. Approval of Special Meeting Minutes of February 23, 2015 (Pages 1 4) Action V. Chairman s Remarks VI. Board Member Comments VII. Chief Executive Officer s Report (Pages 5 6) Information VIII. Project Construction Progress Reports Information The ACE Construction Authority is constituted of seven (7) member jurisdiction; the Cities of El Monte, Industry, Montebello, San Gabriel and Pomona, the County of Los Angles and the San Gabriel Valley Council of Governments. A San Bernardino County Council of Governments representative is an ex-officio Board member. Each member or alternate has one vote. A quorum of the ACE Construction Authority is no less than four (4) of its total voting membership. Actions taken by the ACE Construction Authority shall be by simple majority of the members present with a quorum in attendance except for personnel actions, the annual budget, matters dealing with the Administrative Code or matters requiring subsequent approval by the SGVCOG, all of which shall require five (5) votes. All disclosable public records related to this meeting are available for viewing at the ACE office above during normal working hours.

2 ACE Construction Authority Board of Directors March 16, 2015 Board Agenda IX. Hearing on Resolution of Necessity No Property Address: 121 Workman Mill Road, Industry, CA Property Owners: Michael R & Maria R Vigil (Pages 7 53) Action X. Approval of Declaration of Excess Property in the City of El Monte from the Baldwin Avenue Grade Separation Project (Pages 54 56) Action XI. Approval of Modification to ACE Program to Eliminate the Greenwood Avenue Grade Separation Project and Include Grade Separations at Montebello Blvd., and Maple Drive and Safety Improvements at Greenwood Ave. and Vail Ave. (Pages 57 58) Action XII. Approval of Selection of RailPros for the At-Grade Safety Improvements in the City of Pomona (Pages 59 60) Action XIII. Approval of Support Positions for H.R. 935 (Hahn) and H.R (Lowenthal) (Page 61) Action XIV. Closed Session: The Board will adjourn to closed session in accordance with Government Code Section (a) to discuss existing litigation (one case) Possible Action Los Angeles Superior Court Case No. BC Alameda Corridor-East Construction Authority vs. RC Fairway Associates and In accordance with Government Code Section Conference with Real Property Negotiators to discuss Property Address: 1010 Fairway Drive, Industry, CA Agency Negotiator: Mark Mendoza, Paragon Partners/Mark Christoffels, ACE Construction Authority Negotiating Parties: ACE Construction Authority and Robert Newman Essick, Louis J. Ringe, Helen Tuttle, Ruth Weddendorf, Merlin W. Call and Industry Auto Properties, LLC. Under Negotiation: Price and Terms of Payment Possible Action 2

3 ACE Construction Authority Board of Directors March 16, 2015 Board Agenda and Property Addresses: E Walnut Drive, E Walnut Drive, E Walnut Drive, E Walnut Drive, Industry, CA Agency Negotiator: Mark Mendoza, Paragon Partners/Mark Christoffels, ACE Construction Authority Negotiating Parties: ACE Construction Authority and Majestic Realty Co. et. al. Under Negotiation: Price and Terms of Payment XV. Adjournment Action 3

4 Alameda Corridor-East Construction Authority 4900 Rivergrade Rd. Ste. A120 Irwindale, CA (626) fax (626) ACE Construction Authority Special Board of Directors Meeting February 23, 2015 Minutes Chairman Hadjinian called the meeting of the Board of Directors of the Alameda Corridor-East Construction Authority to order at 2:03PM at the Montebello Council Chambers. 1. Pledge of Allegiance Supervisor Mike Antonovich led the pledge of allegiance. 2. Roll Call In attendance was: Jack Hadjinian, Chair Juli Costanzo Tim Spohn Elliott Rothman Michael Antonovich Staff Mark Christoffels, Chief Executive Officer Greg Murphy, Legal Counsel Deanna Stanley Amy Hanson Guests Lisa Penna, Aderson Penna Partners Steve Chavez Lodge, Hill International Pat Summerville, HNTB Hank Fung, LA County Natasha DeBenon, Arcadis Eric Regueiro, Kimley Horn Keith Gillfillan, Moffatt Nichol Roger Martinez, Vasquez & Co., LLP Sarah Roberts, Citadel CPM Allen Ude, LA County Tili Gregorian, Montebello resident Fran Delach, Interim Executive Director, SGVCOG 3. Public Comments There were no public comments. 4. Approval of January 26, 2015 Minutes A motion was made to approve the January 26, M/S/C/Costanzo/Spohn/Unanimous 1

5 ACE Board of Directors Meeting February 23, 2015 Special Meeting Minutes Page 2 5. Chairman s Remarks Chairman Hadjinian welcomed everyone to Montebello. He reported that on Wednesday at 6:30PM the Montebello Council would entertain the discussion on a project for the City. He requested members attend and share their experience and benefits of having an ACE project within their city. 6. Board Comments Member Costanzo indicated she could not attend but would send a letter of support. 7. Chief Executive Officer s Report Mr. Christoffels indicated Baldwin Avenue would open on March 3 rd. He reported that the Obama administration has released a $18B freight program which could benefit ACE and staff would monitor the progress. He announced a groundbreaking on April 2 nd for Fairway and a one day legislative trip to Sacramento which coincides with the California League of Cities conference. 8. Construction Progress Reports Charles Tsang reviewed construction progress at the Nogales Street grade separation project including preparation to close San Jose and Nogales. Phil Balmeo reviewed construction progress of the San Gabriel Trench project. Genichi Kanow reviewed storm drain work at Valley Blvd. for the Puente Avenue Grade Separation. 9. Approval to Hold Regular Meetings at Montebello Council Chambers Chairman Hadjinian welcomed SGVCOG s Interim Executive Director Fran Delach. Mr. Christoffels stated that in order to move the regular meeting location of the ACE Board meetings the Board must take a formal action to do so. A motion was made by the Chairman to hold regular meetings at Montebello Council Chambers. M/S/C/Hadjinian/Costanzo/Passed Aye: Rothman 10. Approval to Hold a Special Meeting to Tour ACE Projects Mr. Christoffels indicated several members have expressed an interest in reviewing ACE projects and since it would likely include most of the Board members it would have to be posted as a meeting. Paul Hubler indicated one trip has been scheduled for March 4 for the SGVCOG City Managers Technical Evaluation Committee. The Board reviewed their calendars and suggested March 9 or 10 th and directed staff to coordinate and communicate efforts via Approval to Issue a Task Order to Interior Demolition for Demolition Work for the Fullerton Road Grade Separation Project There was no discussion regarding this item. A motion was made to authorize the Chief Executive Officer to issue a task order with Interior Demolition in the amount of $180,630 for building demolition work related to the Fullerton Road grade separation project. M/S/C/Rothman/Spohn/Unanimous 2

6 ACE Board of Directors Meeting February 23, 2015 Special Meeting Minutes Page Approval of Relocation Agreement with Verizon California Inc. for the Fairway Drive Grade Separation Project There was no discussion regarding this item. A motion was made to authorize the Chief Executive Officer to execute a Relocation Agreement with Verizon California for the procurement, construction and inspection of Verizon facilities as part of the Fairway Drive grade separation project in an estimated amount of $500,000. M/S/C/Rothman/Costanzo/Unanimous 13. Approval of ACE Audit Policies and Procedures Mr. Christoffels reminded the Board that staff is updating policies as needed. He reviewed the types of audits performed and procedures of the contract audits. He reviewed the elements of preaward, interim and final close out audits. He indicated internal audits were also done in accordance with the policies and procedures on a regular basis. He indicated when unallowable costs are identified they are reimbursable to the program. He reminded the board that a peer review was done and ACE was ranked highest. A motion was made to approve the ACE Audit Policies and Procedures. Costanzo/Spohn/Unanimous 14. Update on the Temple Avenue Train Diversion Project Mr. Christoffels updated the Board on the Temple Avenue project. He indicated this project remained open due to a disagreement between Kinder Morgan and Union Pacific with regard to a gas line protection and which entity bears the financial responsibility. The ongoing disagreement is preventing the final connection as well as construction of a storm drain. He reported that there is now litigation filed by the Union Pacific against Kinder Morgan. He indicated staff would continue to monitor this matter. 15. Presentation of Fiscal Year 2014 Financial Audit - Mr. Christoffels introduced Roger Martinez, Partner, Vasquez & Company. Mr. Martinez reported that it was a requirement to present communications to the Board at the end of an audit engagement. He reviewed the level of assurance, audit strategy and stated that no significant or material weaknesses were identified within the financial statement. He reminded the Board that managers, staff and the Board Chair were interviewed for assessment of risk including fraud. He indicated that ACE s financial auditors have responsibility to render an opinion and worked for the Board to ensure the agency s fiduciary responsibility. He commended the accounting department in their preparation of the financial reports. He indicated he is following up on issues related to controls and will work with management on best business practices for this type of business activity and that he would report back at the March Board meeting. He reported there are new accounting GASB pronouncements that he would work with staff to implement. Those include new framework for government agencies for federal compliance relying on IT assistance and external reporting. 3

7 ACE Board of Directors Meeting February 23, 2015 Special Meeting Minutes Page Adjournment Chairman Hadjinian adjourned the meeting at 2:47PM. X Deanna Stanley Clerk of the Board 4

8 Alameda Corridor-East Construction Authority 4900 Rivergrade Rd. Ste. A120 Irwindale, CA (626) fax (626) MEMO TO: FROM: ACE Construction Authority Board Members & Alternates Mark Christoffels Chief Executive Officer DATE: March 16, 2015 SUBJECT: CEO Report The following are items of note since the last meeting: Fairway Drive Groundbreaking ACE Board members and alternates are encouraged to attend the groundbreaking ceremony for the Fairway Drive project scheduled for 10:30 a.m. on Thursday, April 2, The ceremony will kick off three years of project construction. Baldwin Avenue Open The Baldwin Avenue project opened to traffic without incident in the early morning hours on March 3. Occasional lane closures may be required as final activities are completed. The project is our eighth completed grade separation. Metrolink collision The tragic Metrolink collision in Oxnard last month sparked media focus on the ACE grade separation and crossing safety program as well as legislative interest in funding programs to enhance safety at hazardous crossings. Copies of articles from the Los Angeles Times, Los Angeles Daily News and CBS Channel 2 are included in your Board Information Packet. Contracting Consultant/Vendor Walsh Construction Company HDR Inc. Oliver, Sandifer & Murphy Vasquez & Co. LLP Reason for Change San Gabriel Trench project: Change Order No. 9 Permanent Airline Vent LACSD Ramona Sewer Siphon Jack & Bore; Del Mar Sewer Changes due to Conflicting Utilities; and Stage C Haul Route Alternative Access Bridge Contract term extension for Temple Ave. Train Diversion Project Reallocation of budget between task orders (Nogales and Fairway) and additional property acquisition legal services for Fairway project 1 FY 2015 Fairway Task Order Amount Extend contract term and increase contract amount for FY 2014 audit services Change Amount Total Contract Value $226,341 $174,866,243 $0.00 $7,459,348 $35,000 $775,000 1 $40,700 $224,450 5

9 Memo to ACE Construction Authority Board Members & Alternates March 16, 2015 Meeting CEO Report Page 2 of 2 Community Outreach Update Staff conducted the following project outreach activities: Distributed construction alert notices regarding lane closures on Workman Mill Road for the Puente Avenue project; Conducted pre-construction surveys of properties located within the Puente Avenue and Fairway Drive project areas; Provided staff support for an ACE Project update presentation at a community group meeting in Whittier; and, Conducted ongoing community outreach and support activities for the San Gabriel Trench, Baldwin Avenue, Nogales Street and Puente Avenue grade separation projects. 6

10 Alameda Corridor-East Construction Authority 4900 Rivergrade Rd. Ste. A120 Irwindale, CA (626) fax (626) MEMO TO: FROM: ACE Construction Authority Board Members and Alternates Mark Christoffels Chief Executive Officer DATE: March 16, 2015 SUBJECT: Resolution of Necessity for Property Acquisition - No Puente Avenue Grade Separation Project Property Owners: Michael R. and Maria R. Vigil 121 Workman Mill Road, City of Industry, CA ACE Parcel Nos.: 202K and 202L APNs: and RECOMMENDATION: Staff recommends the ACE Construction Authority: 1. Conduct a hearing on Resolution of the ACE Construction Authority finding and determining that the public interest, convenience and necessity require the acquisition of certain property for public purposes; and 2. Review the evidence presented, including this staff report and public comments and close the hearing; and 3. Adopt the attached Resolution authorizing the commencement of eminent domain proceedings so as to acquire two (2) complete fee interests that are 20,611 s.f. and 4,000 s.f. in size, from that certain parcel bearing Los Angeles Assessor Parcel Numbers and (Note: This requires an affirmative TWO-THIRDS (2/3) vote of the ACE Construction Authority Board). BACKGROUND: The ACE Construction Authority was formed pursuant to the California Joint Powers law (Govt. Code section 6500 et seq.) for purposes of implementing the Alameda Corridor East ( ACE Project ). The ACE Project is a multi-phase project that will improve the safety and efficiency of railroad crossings from Los Angeles, east to San Bernardino County to mitigate some of the impacts created by increased rail traffic from the Ports of Long Beach and Los Angeles. Included in the ACE Project is a grade separation of Puente Avenue/Workman Mill Road at Valley Boulevard, in the City of Industry, Unincorporated Los Angeles County, and County of Los Angeles, CA from the Union Pacific Railroad right-of-way. The Puente Avenue Grade Separation will eliminate current and future long delays of traffic at the crossing and is statutorily exempt from CEQA pursuant to Public Resources Code LA # v1 7

11 ACE Construction Authority Members & Alternates March 16, 2015 Meeting Page 2 of 4 Resolution of Necessity section In order to accommodate the grade separation at Puente Avenue/ Workman Mill Road at Valley Boulevard, two (2) complete fee interests from those certain parcels bearing Los Angeles Assessor Parcel Numbers and are required. The property identified in Resolution is owned by Michael R. and Maria R. Vigil. The property is improved with three (3) metal buildings for auto service that are cumulatively approximately 5,496 s.f. The improvements were constructed in 1958 and refurbished in ACE staff tendered an offer to purchase to Michael R. and Maria R. Vigil in the amount of $921,360 in October Although negotiations surrounding ACE s proposal have been ongoing and will continue; to date a settlement agreement has not been reached despite the parties best efforts, and there is a need for ACE to take the next steps towards acquiring the property necessary for the Project. Pursuant to California Government Code sections 6500 et seq., , , and et seq. and 40404, and California Code of Civil Procedure Section et seq., and , and Section 19, Article I of the California Constitution, and other authorities, the ACE Construction Authority is authorized to acquire the subject property in its entirety by eminent domain, provided certain procedural steps are followed. The ACE Construction Authority must make an offer to purchase to the property owner, which offer must be transmitted in writing, based upon an appraisal. The ACE Construction Authority tendered a statutory Offer to Purchase to the Property owner as required by law based upon an approved appraisal (Exhibit 1). To date, the offer has not been accepted. It is now necessary that an action in eminent domain be commenced to acquire the property interests referenced herein. Prior to the filing of the action, the ACE Construction Authority must hold a hearing on the proposed Resolution of Necessity, (Exhibit 2) and provide the owner of the affected property an opportunity to be heard, provided that the owner has filed a request to be heard in writing with the ACE Construction Authority prior to the hearing. In addition, the hearing must be duly noticed. Attached is a copy of the Notice of Hearing and Request to Be Heard, which were delivered in accordance with the applicable statutes (Exhibit 3). Puente Avenue Grade Separation Michael R. and Maria R. Vigil ACE Parcel Nos.: 202K & 202L APNs: & LA # v1 8

12 ACE Construction Authority Members & Alternates March 16, 2015 Meeting Page 3 of 4 Resolution of Necessity After conducting the public hearing, if the ACE Construction Authority finds that the public necessity so requires, the ACE Construction Authority should adopt attached Resolution of Necessity 15-01, authorizing condemnation proceedings for the purpose of acquiring the property which is described in Resolution of Necessity The findings, which need to be made, are as set forth in the Resolution of Necessity. Specifically, the ACE Construction Authority must find: 1. That the public interest, convenience and necessity require the acquisition of the proposed project. As proposed, the Puente Avenue Grade Separation Project will serve public purposes, as discussed above; 2. That the Puente Avenue Grade Separation Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. As set forth above, the Property is being acquired to improve the safety and efficiency of the rail crossing by constructing a grade separation at Puente Avenue/Workman Mill Road at Valley Boulevard. The original 1997 San Gabriel Valley Council of Governments study looked at alternatives to an underpass and different grade separation configurations to identify any overall project cost and real estate impact reductions. Subsequently, as the design of the project began ACE staff evaluated alternative configurations in greater detail. Additionally, ACE conducted an Engineering Value Analysis workshop that engaged stakeholders and technical experts to analyze and vet the various design scenarios. The no build alternative was examined through the project ranking process described in the 1997 report. Puente Avenue is a primary arterial street, serving multiple residential and commercial areas. The Puente Avenue Underpass will eliminate the possibility of train vehicle collisions at this location and the effect of stopped and moving trains on vehicular traffic capacity. 3. That the property interests sought to be acquired are necessary for the Puente Avenue Grade Separation Project. The subject property is necessary as the Project requires that Puente Avenue/Workman Mill Road will be realigned and relocated to the northwest. As a result, approximately one half of the northerly parcel closest to Workman Mill Road will be within the footprint of the relocated roadway and a retaining wall and graded slope will require additional portions of both parcels. Ingress/egress from Workman Mill Road will be eliminated. Although two storage buildings may not be directly affected by the project footprint, impaired access and grading requirements will likely pose adverse Puente Avenue Grade Separation Michael R. and Maria R. Vigil ACE Parcel Nos.: 202K & 202L APNs: & LA # v1 9

13 ACE Construction Authority Members & Alternates March 16, 2015 Meeting Page 4 of 4 Resolution of Necessity impacts to the structures. The cumulative impact of the design elements results in the remainder parcel having de minimis economic value; thus, the acquisition of ACE Parcel Nos. 204K and 204L in their entirety is required. Without the acquisition of the two (2) complete fee interests referenced above, the proposed Puente Avenue Grade Separation Project cannot be completed. 4. That ACE made the offer to purchase as required by section of the California Government Code. 5. That the necessary Notice of Hearing to consider the adoption of the Resolution of Necessity was been given, as required by Code of Civil Procedure section That ACE has complied with CEQA. The Puente Avenue Grade Separation Project is statutorily exempt pursuant to Public Resources Code section The Legislature created an absolute exemption for railroad grade separations via Public Resources Code , which provides that CEQA does not apply to any railroad grade separation project which eliminates an existing grade crossing or which reconstructs an existing grade separation. Cal. Pub. Res. Code The Puente Avenue Grade Separation Project eliminates an existing grade crossing. Based upon , the Puente Avenue Grade Separation Project is therefore exempt from CEQA review. Since the Puente Avenue Grade Separation is exempt from CEQA, no environmental review is necessary, and it may be implemented without any CEQA compliance whatsoever. Questions relating to value are not relevant to this proceeding. However, that does not mean that negotiations for the acquisition of the property interests are at an end. If the ACE Construction Authority adopts the Resolution of Necessity, after the hearing, negotiations for the acquisition of the property interests may continue. BUDGET IMPACT: Funds for the acquisition of this property are available from MTA Measure R and are included in the Authority s FY 2015 budget. ATTACHMENTS Exhibit 1- Offer Letter Michael R. and Maria R. Vigil Exhibit 2- Resolution of Necessity No with Exhibits Exhibit 3- Notice of Hearing and Request to Be Heard Puente Avenue Grade Separation Michael R. and Maria R. Vigil ACE Parcel Nos.: 202K & 202L APNs: & LA # v1 10

14 11

15 12

16 13

17 14

18 15

19 16

20 17

21 18

22 19

23 20

24 21

25 22

26 23

27 24

28 25

29 26

30 27

31 28

32 29

33 30

34 31

35 32

36 33

37 34

38 35

39 36

40 37

41 38

42 39

43 40

44 41

45 42

46 43

47 44

48 45

49 46

50 47

51 48

52 49

53 50

54 51

55 52

56 53

57 Alameda Corridor-East Construction Authority 4900 Rivergrade Rd. Ste. A120 Irwindale, CA (626) fax (626) MEMO TO: FROM: ACE Construction Authority Board Members & Alternates Mark Christoffels Chief Executive Officer DATE: March 16, 2015 SUBJECT: Approval of the Declaration of Surplus Property for the Baldwin Avenue Grade Separation Project RECOMMENDATION: Staff recommends that the Board declare the following parcels located in the City of El Monte surplus. Surplus West Surplus East Surplus Northeast West of Baldwin Avenue and South of Bessie Avenue East of Baldwin Avenue and South of Bessie Avenue East of Baldwin Avenue and North of Bessie Avenue ACE Parcel No.: Assessor Parcel Assessor Parcel Assessor Parcel ACE Parcel No.: ACE Parcel No.: No.: No.: No.: 6J S V J R F Q F P E O D N C M B L A L A L A L A L A A BACKGROUND: The ACE Construction Authority acquired the above-referenced properties as part of the Baldwin Avenue Grade Separation Project. The Baldwin Avenue Grade Separation Surplus Property consists of twenty-eight parcels totaling approximately 205,142 gross square feet (4.7 acres) of vacant parcels zoned for either General Commercial use (EMC-3) or General Manufacturing (M-2). The Surplus Property is divided into 3 areas: Surplus West, Surplus East and Surplus Northeast. The Surplus West Property is comprised of fourteen (14) vacant parcels approximately 79,545 gross s.f. in size, cumulatively, zoned EMC-3 (General Commercial). Surplus West includes Project elements, such as a pump station that is 976 s.f., a cul-de-sac at Bessie 54

58 ACE Construction Authority Members & Alternates (March 16, 2015 Meeting Page 2 of 2 (Baldwin Avenue Surplus) Avenue that is 2,509 s.f. and a slope that is approximately 11,993 s.f., which encumbers eight (8) of the northern most parcels on their easterly borders at Baldwin Avenue. The net useable/non-sloped land is approximately 64,067 s.f. or 1.47 acres. The Surplus East Property is comprised of twelve (12) vacant parcels approximately 78,917 gross s.f. in size, zoned EMC-3 (General Commercial). Surplus East includes Project elements, such as a cul-de-sac at Bessie Avenue that is 2,734 s.f. and a slope approximately 13,385 s.f., which encumbers eight (8) of the northern most parcels on their westerly borders at Baldwin Avenue. The net useable/non-sloped land is approximately 62,798 s.f. or.06 acres. The Surplus Northeast Property is comprised of one (1) parcel, approximately 43,560 gross s.f. or 1 acre in size and is generally flat. Zoned M-2 (General Manufacturing), Surplus Northeast includes Project elements, such as a utility corridor for gas, sewer, water and a storm drain that is approximately 11,776 s.f. in size, which is located on the west, south, and easterly borders of the property. A cul-de-sac off of Shirley Avenue on the northeastern corner provides the public vehicular ingress/egress. In accordance with ACE Right-of-Way Guidelines and the Caltrans Right of Way manual, should the ACE Board approve of the disposal of these parcels, they will be appraised to determine their Fair Market Value and will first be made available to governmental agencies for specified uses at fair market value, then offered for sale to the general public. BUDGET IMPACT: Proceeds from the sale of surplus properties will be used to fund other ACE Projects or obligations. 55

59 ACE - Baldwin Ave. Grade Separation 2/26/2015 Total ACE Owned Gross Land Area 205,142 s.f. (4.7 ac.) Lucky KT Land Area = 43,560 s.f. (1.00 ac.) Road Bessie Ave. Cul-de-sac (West) = 2,509 s.f. (.06 ac.) Pump station = 976 s.f. (.02 ac.) Slope Area (West) = 11,993 s.f. (.28 ac.) Net Usable Land (West) = 64,067 s.f. (1.47 ac.) Road Bessie Ave Cul-de-sac (East) = 2,734 s.f. (.06 ac.) Slope Area (East) = 13,385 s.f. (.31 ac.) Net Usable Land (East) = 62,798 s.f. (1.44 ac.) 56 Paragon Partners Ltd

60 Alameda Corridor-East Construction Authority 4900 Rivergrade Rd. Ste. A120 Irwindale, CA (626) fax (626) MEMO TO: FROM: ACE Construction Authority Board Members & Alternates Mark Christoffels Chief Executive Officer DATE: March 16, 2015 SUBJECT: Approval of Modification of the ACE Program to Eliminate the Greenwood Avenue Grade Separation and Include Grade Separating Montebello Blvd. and Maple Drive and Safety Improvements at Greenwood and Vail Avenues, collectively to be designated as the Montebello Corridor Grade Separation Project RECOMMENDATION: Staff recommends that the Board amend ACE's Phase II Program by eliminating the proposed grade separation at Greenwood Avenue and to include grade separations at Montebello Blvd and Maple Drive and four-quad gates and safety improvements at Greenwood and Vail Avenues, collectively to be designated as the Montebello Corridor Grade Separation Project. BACKGROUND: In May 2000 the Montebello Council adopted a resolution supporting a grade separation at Montebello Blvd., and directed ACE staff to determine if a railroad lowering project covering three grade crossings would be feasible. ACE determined that due to the relatively low traffic volumes at three of the four crossings, property requirements, a significantly increased cost and lack of funding, lowering was inadvisable and proposed alternative projects. From 2002 through 2010 various initiatives were pursued by the City to discourage the adopted Montebello Blvd. grade separation project and encourage ACE to construct a trench project, similar to that in San Gabriel. In 2009 ACE engaged in a comprehensive study to update and re-examine all alternatives available for the City. ACE reviewed five alternatives for Montebello, none of which were acceptable to the City. The Phase II study also examined information for all remaining adopted grade separations. In 2011, nearing the completion of the Phase II study the SGVCOG subcommittee approved raking of all grade separation candidate projects with Montebello s Greenwood Avenue ranking #2 and Montebello Blvd. #9. In an effort to keep discussions alive and a project in Montebello, at the January 2012 ACE Board meeting, the Board recommended eight grade separations be included in Phase II of ACE's Program including a grade separation at Greenwood Avenue with the understanding that a project would not be forced on the City without their acceptance. 57

61 ACE Board Members & Alternates Modification of the ACE Program March 16, 2015 Meeting Page 2 The COG Governing Board subsequently made the same finding and adopted the recommended ACE Phase II Program. To try to obtain community consensus on a grade separation project, in 2013 the City of Montebello hired a consultant to prepare an independent study to review grade separation concept designs, develop project alternatives and prepare project cost estimates. Once complete the alternatives were presented at five community meetings and to the City s Planning and Traffic and Safety Commissions. On February 25, 2015 the Montebello City Council considered all of the options and voted for ACE to modify its program to begin conceptual design of grade separations at Montebello Blvd. and Maple Avenue as well as four quad gates and safety improvements at Greenwood and Vail Avenues. In addition to traffic circulation and safety concerns from the existing at grade crossings, the community has always expressed concerns regarding the negative impacts train horns have to residents along this rail corridor. The recommended improvements will allow the City to apply for a Quiet Zone with the Federal Rail Administration. If approved, train horn noise will be restricted except for certain circumstances involving life safety matters. Upon approval by the ACE Board to amend ACE's Phase II Program as noted above, staff will forward this Phase II Program amendment to the San Gabriel Valley Council of Governments (SGVCOG) Governing Board for approval as required in the SGVCOG s bylaws. Staff will also initiate a Request for Qualifications to solicit proposals for the design of this project with the goal of awarding a design contract by this summer. BUDGET IMPACTS: The City of Montebello s consultant estimated the cost for proposed grade separations at Montebello Blvd and Maple Drive and four-quad gates and safety improvements at Greenwood and Vail Avenues at $142 million. With approval of this Phase II Program amendment, this amount of funding will be allocated to this project from ACE s fund balance. 58

62 Alameda Corridor-East Construction Authority 4900 Rivergrade Rd. Ste. A120 Irwindale, CA (626) fax (626) MEMO TO: FROM: ACE Construction Authority Board Members and Alternates Mark Christoffels Chief Executive Officer DATE: March 16, 2015 SUBJECT: Approval of Selection of RailPros for Preliminary Engineering and Final Design Services for At-Grade Safety Crossing Improvements RECOMMENDATION: Staff recommends that the Board authorize the Chief Executive Officer to negotiate a design and engineering services contract with RailPros for the At- Grade Crossing Safety Improvements project. BACKGROUND: At the September 2014 Board meeting, the Board approved to amend ACE s Phase II Program by deleting the proposed grade separation at Hamilton Boulevard in the City of Pomona and adding At-Grade Crossing Safety Improvements in the City of Pomona at Hamilton Boulevard, Park Avenue, Main Street and Palomares Street. These proposed improvements would consist of pedestrian gates, fencing to channel pedestrians to the gates, associated street and drainage improvements and where determined beneficial for safety, enhancements to the existing quad-gate systems. As a result of the amended Phase II Program, staff solicited proposals for design and engineering services for the At-Grade Crossing Safety Improvements. Consistent with our procurement process, a Request-for-Qualifications (RFQ) was issued on December 12, The availability of the RFQ was advertised in various publications (newspapers of local circulation, minority and business publications) and posted on our website and our online bidding system. In addition, direct notification was made to over 1,300 firms who had previously expressed an interest in our project. A pre-proposal conference was held on January 7 th, attended by 35 people. The Authority received four proposals on January 28 th. Responsive proposals were received from the following firms: J.L. Patterson & Associates, Inc. JM Diaz Inc. KOA Corporation RailPros 59

63 ACE Board Members and Alternates Approval of Selection of RailPros for Design Services for At-Grade Crossing Safety Improvements A Technical Evaluation Committee (TEC) was formed consisting of two ACE staff, one outside agency staff and representatives from Union Pacific Railroad and City of Pomona all with relevant technical qualifications. The TEC reviewed the written proposals and selected the two highest-ranked firms, J.L. Patterson & Associates and RailPros to be interviewed. Interviews were held on February 25 th. The two firms interviewed are highly regarded, very experienced and well qualified. The TEC ranked the highest proposal by the team of RailPros. The RFQ was issued under a Small Business Enterprise Program (SBE) currently in place. Staff has established an 8% SBE goal on the At-Grade Safety Crossing project. RailPros committed to an 84% SBE goal, as RailPros itself is a SBE firm. RailPros will be required to report all SBE participation achieved through the life of the contract. Notices of staff s recommendation were sent to the other finalists on February 25 th. The protest period concluded on March 4 th and no protests were received. Upon approval by the Board of the recommended firm and authorization to negotiate a contract, staff will initiate negotiations and in-house staff will be requested to perform all required post-award audits. It is anticipated we will request a contract award at your April meeting. BUDGET IMPACT: Funding for this contract is available from Measure R funds. 60

64 Alameda Corridor-East Construction Authority 4900 Rivergrade Rd. Ste. A120 Irwindale, CA (626) fax (626) MEMO TO: FROM: ACE Construction Authority Board Members and Alternates Mark Christoffels Chief Executive Officer DATE: March 16, 2015 SUBJECT: Approval of Support Positions for H.R. 935 (Hahn) and H.R (Lowenthal) RECOMMENDATION: Staff recommends approval of support positions for H.R. 935 (Hahn), establishing a National Freight Network Trust Fund, and for H.R (Lowenthal), establishing a Freight Trust Fund and programs to distribute revenues to the States by formula and by a separate national competitive grant program. Both bills are consistent with the ACE Board s 2015 federal legislative goal of supporting the development of freight and transportation infrastructure funding program legislation. BACKGROUND: H.R. 935 would establish the National Freight Network Trust Fund to be funded by directing 5 percent of import duties already collected by Customs and Border Protection (CBP) to the trust fund, or approximately $1.9 billion a year at current rate of imports. Projects eligible to be funded include those located on the National Freight Network, road and rail connections to a port, on-dock rail, and those located on high-volume road and rail corridors, such as railway-roadway grade separations. H.R. 935 has 13 co-sponsors, including two Republican members of Congress. Projects would be awarded on a competitive basis by the Secretary of Transportation with a requirement, intended to further transparency, that projects not awarded be provided a written explanation. Eligible applicants include regional or local transportation organizations. To ensure mitigation projects, such as grade separations, can compete with capacity enhancement projects, staff recommends that ACE request that the bill be amended to include as a goal of the program mitigating the adverse impacts of freight movement on communities traversed by freight railroads. H.R would establish a Freight Trust Fund to support freight infrastructure projects, including railway-roadway grade separations and related improvements. The trust fund would be funded through a proposed 1 percent levy on ground freight waybills, or the cost of transporting goods by truck and train, generating an estimated $8 billion annually, according the author s office. Half of revenues collected would be distributed to states based on a formula involving the value and tonnage of freight moved. The other half would be distributed through a national competitive grant program administered by the Secretary of Transportation, with eligible applicants including units of local government. H.R was introduced with three cosponsors, including one Republican member of Congress. 61