AGENDA

LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY

REGULAR BOARD MEETING

BOARD OF DIRECTORS

Metro Headquarters

3rd Floor - Board Room

 One Gateway Plaza, Los Angeles


Thursday, September 26, 2002 – 9:30 a.m.


Call to order:

 

Directors:

 

Hal Bernson, Chair

Zev Yaroslavsky, 1st Vice Chair

Frank Roberts, 2nd Vice Chair

Michael Antonovich

Yvonne Brathwaite Burke

John Fasana

James Hahn

Paul Hudson

Don Knabe

Gloria Molina

Pam O’Connor

Beatrice Proo

Allison Yoh

Doug Failing, Ex Officio

Chief Executive Officer – Roger Snoble

Board Secretary - Michele Jackson

Ethics Officer - Karen Gorman

Interim Inspector General – William Waters

General Counsel - County Counsel


1.            APPROVE Consent Calendar Items: 2, 8, 10, 11, 12, 13, 14, 17, 18, 19, 20, 30, 31, 33, 35, 36, 37** and 40

** - Requires 2/3 vote of the Board

 

NOTE COMMITTEE AUTHORITY ITEMS:  6, 7, 16, 22, 24, 25, 26, and 39

 

 

CONSENT CALENDAR

 

 

2.      APPROVE Minutes of Regular Board Meeting held August 15, 2002.

 

 

8.      PLANNING & PROGRAMMING COMMITTEE RECOMMENDED (4-0):

 

A.         receiving and filing the final report of the HOV Performance Program Evaluation Report; and

B.        adopting the HOV Guiding Principles to guide the operation and development of the countywide freeway High Occupancy Vehicle lanes.

 

 

10.    PLANNING & PROGRAMMING COMMITTEE RECOMMENDED (5-0):

 

A.     adopting the Metro Rapid Five-Year Implementation Plan report findings and accelerated, phased countywide expansion plan;

B.      setting aside $92.3 million of future regional funds to complete the Metro Rapid Five-Year Implementation Plan;

C.        amending the FY 2003 Special Revenue budget to include
$3.8 million for Phase II station construction, (funds are included in the FY 2002 Regional TIP); and

D.      authorizing the Chief Executive Officer to negotiate and execute agreements with the local jurisdictions in each corridor so as to expedite deployment of the Five-Year Implementation Plan.

11.    PLANNING & PROGRAMMING COMMITTEE RECOMMENDED (4-0):

A.         receiving and filing the Capacity Enhancement/System Preservation Needs Assessment Report;

B.        continuing to focus Metro’s highway and arterial expenditures on Capacity Enhancement projects due to the large unmet funding need for these types of projects;

C.        in recognition of the significant need for system preservation (reconstruction, rehabilitation and resurfacing):

1.    continuing to allow a system preservation component for capacity enhancing arterial projects funded through the Call for Projects;

 

    2. reducing the Call for Projects Regional Surface Transportation Improvement modal category local match requirement from 35% to 20% making it consistent with the other Call for Projects modal categories;

 

3.    advocating increased federal and state funding for system preservation;

 

4.    providing increased training and assistance to local jurisdictions in accessing funds eligible for both capacity enhancement and system preservation;

 

5.    continuing to work with local jurisdictions to determine ways to assist cities with using Surface Transportation Program-Local funds including potentially developing a brokering program;

 

6.    adding $5 million in previously reserved Call for Projects funding to the Regional Surface Transportation Improvement modal category in the 2003 Call for Projects; and

 

7.    continuing to work with local jurisdictions to gain a better understanding of the relationship of the effects of deferred system preservation on backlog cost;

D.   amending Metro’s Proposition C 10%, 20% and 25% Administrative Guidelines to include the same Maintenance of Effort requirement in the State of California Highway Code, Section 2182.1; and

E.  working with the Study’s Steering Committee to identify the feasibility and cost of developing a standardized Los Angeles County Pavement Management System to provide a regional Pavement Condition Index which will allow the region to strongly advocate for additional federal and state funds to address the system preservation funding shortfall.

 

12.    PLANNING & PROGRAMMING COMMITTEE RECOMMENDED (4-0) authorizing the Chief Executive Officer to execute a Memorandum of Understanding with the Southern California Regional Rail Authority to design and construct, on behalf of the Metro, 140 replacement parking spaces for the Chatsworth Intermodal Transportation Center Park-and-Ride Expansion Project.



13.    PLANNING & PROGRAMMING COMMITTEE RECOMMENDED (4-0) establishing Capital Reserve Accounts for the Cities of Pomona and San Gabriel for Proposition C Local Return funds, so that funding may be used to finance listed projects.

 

 

14.    PLANNING & PROGRAMMING COMMITTEE RECOMMENDED (3-1) finding the City of Industry in nonconformance with the Congestion Management Program for Los Angeles County.




17.   FINANCE & BUDGET COMMITTEE RECOMMENDED (4-0) declaring that certain real property located on the southerly side of Humboldt Street between Avenue 18 and Avenue 19 in the City of Los Angeles as surplus property and authorize its sale to the City of Los Angeles for $228,300, subject to the results of an environmental investigation.



 

18.    FINANCE & BUDGET COMMITTEE RECOMMENDED (4-0) execution of a lease agreement with Arden Realty, Inc., for lease of approximately 9,835 square feet of ground floor office and storage space in a building located at 680 Knox Street, Los Angeles, for a five-year term, with a cancellation option after three (3) years, effective on or before December 1, 2002, for a total base rental amount of $807,631 plus a pro-rata share of any increases in operating expenses and taxes above the base year.



19.   FINANCE & BUDGET COMMITTEE RECOMMENDED (4-0) authorizing the Chief Executive Officer to work with the California Transit Finance Corporation’s (CTFC) financing team to develop the structure and documentation for the refunding of the CTFC 1992-B Certificates of Participation, including payments to the CTFC financing team members in accordance with their contractual pricing arrangements.



20.    FINANCE & BUDGET COMMITTEE RECOMMENDED (4-0), SUBJECT TO RESOLUTION OF PROTEST, award of a three-year, firm fixed-price Contract No. PS92101127 to SBC Pacific Bell to furnish or modify Private Branch Exchange telephone systems for an amount not to exceed $2,846,340, inclusive of options for seven additional Metro locations.



30.    EXECUTIVE MANAGEMENT & AUDIT COMMITTEE RECOMMENDED (4-0) approval of:

 

A.    revisions to the Metro Records Management Policy and Records Retention Schedule; and

B.   the Chief Executive Officer administering the Records Management Policy, including the records retention schedule, for the purpose of adding and defining new document categories and extending the terms of retention for categories and documents.

 

31.   EXECUTIVE MANAGEMENT & AUDIT COMMITTEE RECOMMENDED (4-0) award of a two-year firm fixed unit-rate Contract No. PS026240154, to Employee Support Systems Company for Employee Assistance Program services for Metro employees and their immediate families, for an amount not to exceed $416,107.



33.   OPERATIONS COMMITTEE RECOMMENDED (3-0) adoption of the revised Bike on Rail Policy.


35.    OPERATIONS COMMITTEE RECOMMENDED (4-0) approval of modifications to existing Interagency Agreement No. C-9-9167 between Metro and Orange County Transportation Authority to include acceptance of each agency’s monthly passes effective November 1, 2002 on ten Orange County Transportation Authority lines into Los Angeles and six Metro lines into Orange County.



36.    OPERATIONS COMMITTEE RECOMMENDED (4-0):

A.    approving and certifying the Initial Study/Mitigated Negative Declaration (IS/MND) for the Bus Division 3 Expansion and Modification of the Compressed Natural Gas (CNG) Fueling Facility Project;

B.   approving the Bus Division 3 CNG Expansion and Modification Project;

C.   adopting the recommended Mitigation Monitoring and Reporting Program (MMRP) for the IS/MND; and

D.   filing a Notice of Determination of the IS/MND with the Los Angeles County Clerk.


37.    OPERATIONS COMMITTEE RECOMMENDED (4-0): 

 

A.    finding that awarding design/build contracts pursuant to Public Utilities Code Section 130242(a) will achieve for the Metro certain private sector efficiencies in the integration of the design, project work and components related to the real property renovation, repair and construction work at Metro facilities in Los Angeles County; and

B.   authorizing the Chief Executive Officer to solicit and award design/build contracts for renovation, repair and construction at Metro facilities, pursuant to Public Utilities Code Section 130051.9(c).

(Requires 2/3 vote of the Board)



40.   OPERATIONS COMMITTEE RECOMMENDED (3-0-1) execution of Amendment No. 1 to Contract OP3630-5318R with Waste Management, Inc. to provide increased portable toilet services for ten current layover sites, the Pasadena Gold Line opening ceremonies, and other unanticipated special events and emergency requests for an amount not to exceed $150,185 through October 2003, increasing the total contract value from $139,152 to $289,337.


APPROVED UNDER COMMITTEE AUTHORITY – (Items 6, 7, 16, 22, 24, 25, 26, 39

 

6.      PLANNING & PROGRAMMING COMMITTEE RECEIVED AND FILED the annual report on the Metro Policy for Programming Cost Changes for STIP and Federal/Local Funded State highway Projects.



7.     PLANNING & PROGRAMMING COMMITTEE RECEIVED AND FILED the September progress report on the development of the Short Range Transportation Plan for FY 04-09.


16.    FINANCE & BUDGET COMMITTEE RECEIVED AND FILED the  ten-year forecast of Metro revenues and expenditures for fiscal years ending 2003 through 2012.

 

22.    EXECUTIVE MANAGEMENT & AUDIT COMMITTEE RECEIVED an oral monthly report on the Gold Line.

 

 

 

24.    EXECUTIVE MANAGEMENT & AUDIT COMMITTEE RECEIVED AND FILED audit activities report from the Office of the Inspector General.

 

 

 

25.      EXECUTIVE MANAGEMENT & AUDIT COMMITTEE RECEIVED AND FILED monthly report of Management Audit Services.



26.       EXECUTIVE MANAGEMENT & AUDIT COMMITTEE RECEIVED AND FILED Management Audit’s report on Consent Decree costs.


 

39.    APPROVED UNDER OPERATIONS COMMITTEE AUTHORITY (4-0) award of a fixed unit-rate contract to Analysts Inc., the lowest responsive, responsible bidder, to provide fluid analysis for bus engine motors, transmissions and rail gear box oils for a period up to 36 months, for a total contract value of $243,780, effective
October 1, 2002.

NON-CONSENT:

 

3.      Chief Executive Officer’s Report

4.      Chair’s Report

9.      PLANNING & PROGRAMMING COMMITTEE RECOMMENDED, UNDER RECONSIDERATION, APPROVAL (3-0-1) AS AMENDED:

 

A.  negotiation and execution of a Cost-Plus-Fixed-Fee (CPFF) contract with DMJM+Harris for the Mid-City/Exposition Light Rail Transit (LRT) Project Preliminary Engineering Design Services for an amount not to exceed $16,241,078; and

B.        deferring exercise of any contract options for design of
below-ground segments pending separate review and approval by the Board.


BURKE AMENDMENT:

 

That the Metro Board approve the staff recommendation and include the following revisions:

 

1.    As an initial task of the PE study, Metro shall begin with a full evaluation of at-grade segments, at the following locations, AND ALL OTHER INTERSECTIONS IN TERMS OF SAFETY IN ACCORDANCE WITH THE PUC PROCESS:

·        Exposition/Vermont,

·        Exposition/Normandy,

·        Exposition/Western,

·        Exposition/Crenshaw, and

·        Exposition/La Brea.

Safety mitigations should be priced, and if determined to be necessary in order to solve a problem at an intersection, then design would be authorized by the Metro Board.

2.    In order to address the concerns raised by the community east of Figueroa Street, as part of the PE Scope of Work, Metro shall study alternative alignments for a non-revenue connector between Hill Street and Long Beach Avenue.

 

          HELD OVER UNTIL AFTER NOVEMBER 5TH

3.    If new sources of funding are specifically identified for an underground segment in the Exposition Park area (e.g., Proposition 51), Metro will immediately seek Board approval to exercise the contract option of conducting PE to define a belowground alternative at University of Southern California/Exposition Park.

FASANA, O'CONNOR & YAROSLAVSKY AMENDMENT:

 

That once the preliminary engineering contract is finalized, an independent peer review panel be immediately convened to review Metro’s design standards and make recommendations to bring the design, engineering and construction costs of this project in line with comparable projects.  Participants should include high level project managers from other properties with experience in building cost effective light rail systems and should be familiar with urban traffic and community mitigation issues.  The recommendations of the peer review panel should be presented to the Metro Board for review and approval.

Further that the Metro shall use this peer review panel to reassess the entire budget for the Exposition Light Rail line and make recommendations to reduce the cost of this project through value engineering, cost containment and by using the budgets and experiences of comparable light rail systems.

 

          Lastly, that the peer review panel should meet at important milestones during the preliminary engineering of this project and their findings should be presented to the Metro Board for review.


27.    EXECUTIVE MANAGEMENT & AUDIT COMMITTEE RECOMMENDED (4-0) approval as amended by Burke:

A. that the $3.854 million of Proposition C 40% funds be
    programmed to the Universal Fare System (UFS) project for
    implementation of the Regional UFS program for participating
    local and municipal operators; and

A.    a one-time allocation to the Municipal Operators of up to $3,854,000, to be spent within two years of this approval as a
non-precedent setting action that will not impact the $15,420,000 Municipal Operator Service Improvement Program funds that have been approved in the FY03 budget; and


B.    establishing a taskforce including representation from Municipal Operators to re-evaluate a more efficient and equitable system for all regional funding.
 

 

28.    EXECUTIVE MANAGEMENT & AUDIT COMMITTEE FORWARDED TO THE BOARD WITHOUT RECOMMENDATION approval of an Oppose position on state legislation Bill AB 1677 (Koretz) which would require a mandatory 30-minute meal period after five hours of work; mandatory ten minutes of rest for each four hours of work; and, compensation for that time at premium pay and a penalty if the meal and rest periods are not provided within the time frames.


29.    EXECUTIVE MANAGEMENT & AUDIT COMMITTEE RECOMMENDED (4-0) ADOPTION, AS AMENDED BY BURKE, of the following:

A.    revised list of Los Angeles County projects for Reauthorization of Transportation Equity Act for the 21st Century (TEA-21); and

B.   revisions to the Los Angeles County Principles for Reauthorization General Principles.

 

BURKE AMENDMENT:

That the Metro Board include in its list of T-21/ISTEA Reauthorization under the category of “Regional Priority Projects” the request for funding to revive the Metro Red Line western extension engineering, geological investigation and environmental clearances.


34.    OPERATIONS COMMITTEE RECOMMENDED (3-0) approval of:

Option 2 – Continuation of Access Services as the countywide, centralized administrative broker of services that are competitively contracted in services areas; OR

Option 3 – Contracting the management of the brokerage function to one firm, which in turn would subcontract for the operation of services.  This alternative would replace the public employees at Access Services with those of a private management firm and give that firm the ability to select service operators.


42.    ADOPT proposed policy creating the Service Sector Governance Councils.


43.    APPROVE the proposed bylaws that are to be used uniformly by all Service Sector Councils.


44.    AUTHORIZE the Chief Executive Officer to execute a successor Collective Bargaining Agreement with the American Federation of State, County and Municipal Employees (AFSCME), Local 3634 and Local 3150 effective April 1, 2001.


Director Special Item (Fasana)

45.    CONSIDER adopting an Oppose position on Proposition 51 for the November ballot.

 

 

 

46.    CLOSED SESSION:

 

A.  Conference with Legal Counsel – Existing Litigation –
G.C. 54956.9(a):


1.    Lawson v. Metro, Case No. SC 064970

2.    Flores v. Metro, Case No. 00-12188 CBM

 

            B. Conference with Legal Counsel – Anticipated Litigation –
G.C. 54956.9(b):
     


(One Case)


C. Conference with Labor Negotiator – G.C. 54957.6:

Agency Negotiators:              Roger Snoble and Brenda Diederichs

      Employee Organizations:     ATU and Engineers and Architects Association

D.  Public Employee Performance Evaluation - G.C. 54957:

 

        Board Secretary


Consideration of items not on the posted agenda, including: items to be presented and (if requested) referred to staff; items to be placed on the agenda for action at a future meeting of the Board; and/or items requiring immediate action because of an emergency situation or where the need to take immediate action came to the attention of the Board subsequent to the posting of the agenda.

COMMENTS FROM THE PUBLIC ON ITEMS OF PUBLIC INTEREST WITHIN BOARD’S SUBJECT MATTER JURISDICTION

ADJOURNMENT

 

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