Meeting:
Board of Directors
Meeting Time:
September 27, 2023 at 6:30pm PDT
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The September CEO Report mentions the bike path funded through a grant from Metro, but my reading of the information indicates the process is arguably illegal.
Those who may have read the Funding Agreement and its Amendment should be aware of this item from the funding agreement (ellipses indicate non-material words removed):
12. No changes to the (i) Grant amount, (ii) Project Funding, (iii) the Scope of Work..,(iv) Final milestone date or (v) Special Grant Conditions, shall be allowed without a written amendment to this FA, approved and signed by the LACMTA Chief Executive Officer or his/her designee and GRANTEE …
However, apparently, BCHD is proceeding with only a minority of the project—the so-called Redondo Scope--without bothering to execute an amendment jointly with Metro as to the grant amount, project funding, scope of work, or the final milestone date. The scope set out in the current Amendment includes “Class II buffered bike lanes on both sides of Towers Street,” and several other items in Torrance, none of which are feasible as matters stand now. How can BCHD go forward with this project without an amendment as spelled out in item 12 above? What about funding?
Also, the amended agreement plainly requires all work to be completed by September 30. BCHD must know that, but the CEO report at pages 30 and 44 makes it plain that the scheduled completion date is Oct. 9, even though the lapsing date is at the end of September. If the amendment has been executed, why is it not mentioned in the CEO report?
Accordingly, I ask that the CEO and the BCHD Board clarify the situation as to changes in the grant funding agreement.
Sincerely,
Tim Ozenne