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, October 24, 2002 – 9:30 a.m.

Call to order:

Directors:

Hal Bernson, Chair

Zev Yaroslavsky, 1st Vice Chair

Frank Roberts, 2^nd 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, 7, 8, 11, 12, 17, 18, 23, 24, and 25**

          ** - Requires 2/3 vote of the Board

NOTE COMMITTEE AUTHORITY ITEMS:  22, 27, 28, 30, and 31

CONSENT CALENDAR

2.      APPROVE Minutes of Regular Board Meeting and Special Board meetings held September 26, 2002.

7.      PLANNING & PROGRAMMING COMMITTEE RECOMMENDED (5-0): adopting a resolution recommending to the Governor of the State of California that the Southern California Association of Governments (SCAG) be identified as the designated recipient to receive and dispense federal Urbanized Area (UZA) Formula Funds for the new Lancaster/Palmdale UZA with population over 200,000, according to Federal Transit Administration requirements.

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

A.           award of five (5) firm fixed-price contracts under Bench Solicitation PS-4230-1155, to Cambridge Systematics, Inc., Fennessy Associates, Manuel Padron & Associates, Inc., Parsons Transportation Group, Inc., and PB Consult Inc, for Professional Services Bench for a cumulative total amount not to exceed $750,000.  The period of performance will be five years, inclusive of two one-year options;

B.          execution of task orders under these contracts for Transportation Demand Modeling for a total amount not to exceed $750,000 for a five-year period of performance.

11.    CONSTRUCTION COMMITTEE RECOMMENDED (3-0)  execution of  Change Order No. 42.00 to Contract No. C0390, Ancillary Construction and Maintenance on Segment 3, North Hollywood Extension, with Steiny and Company, Inc., in the credit amount of $836,134, decreasing the total contract value from $17,857,211 to $17,021,077.

12.    CONSTRUCTION COMMITTEE RECOMMENDED (3-0) reaffirming the Chief Executive Officer’s delegation to execute a contract with the technically acceptable lowest priced, responsive, responsible bidder for design and construction of the San Fernando Valley East-West Corridor Bus Rapid Transit Project.

17.    FINANCE & BUDGET COMMITTEE RECOMMENDED (3-0) APPROVAL OF REVISED RECOMMENDATION to approve strategies for locking in the potential savings from refunding up to $537 million of outstanding Proposition A 1993-A bonds by authorizing the Chief Executive Officer to:

A.         appoint UBS Paine Webber to serve as senior  as the book-running co-senior managing underwriter and Salomon Smith Barney as co-senior managing underwriter, along with underwriting syndicate member firms, to price and deliver the Proposition A 2003-A refunding bonds using a forward delivery agreement in a negotiated bond sale and establish a minority participation goal of 20%; and

B.        direct the Metro’s financial advisor to prepare bid specifications, documentation, and competitively select a firm to provide a hedge against changes in interest rates.

18.    FINANCE & BUDGET COMMITTEE RECOMMENDED (4-0) AS CORRECTED APPROVAL OF:

A.           negotiation and execution of a defeased lease transaction for up to 800 NABI buses and up to 362 New Flyer buses with Philip Morris Capital Corporation as the equity investor;

B.          payment of fees and transaction expenses not to exceed .65  .66% of the appraised value of the vehicles; and

C.          a resolution authorizing the lease to service contract defeased lease transaction for up to 1,162 buses.

23.    EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED (4-0) adopting the updated Metro Debt Policy.

24.    EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED (4-0) APPROVAL AS CORRECTED to authorize the Chief Executive Officer to award a six-year contract No. MC066, to Ed Wundram, dba The Design Build Consulting Group, to be the Design/Build manager for the Eastside Light Rail Transit Project for an amount not to exceed $1,059,840 for Design/Build Advisory Panel services.

25.           EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED (4-0):

A.  finding that purchase of the multi-media mobile theater vehicle in compliance with Public Utilities Code Sections 130232 and 130233 does not constitute a method of procurement adequate for acquisition of the unique, prototype equipment needed to provide a new and enhanced safety outreach program through the use of a mobile unit to the population along the Metro Blue and Gold Lines.  The Board hereby authorizes the procurement of the Multi-Media Mobile Theater and Tractor pursuant to PUC Section 130236, to be used to provide the safety outreach and to conduct such operational testing and evaluation as is necessary to assess the performance for the intended purpose; and

B.  authorizing the Chief Executive Officer to award a firm fixed price contract to Provision Entertainment, Incorporated for a used Multi-Media Mobile Theater and Tractor for a total price not to exceed $400,340, exclusive of sales tax.

(Requires a two-thirds vote of the Board)

APPROVED UNDER COMMITTEE AUTHORITY – (Items 22, 27, 28, 30 and 31)

22.    EXECUTIVE MANAGEMENT & AUDIT COMMITTEE RECEIVED AND FILED Contractor Debarment and Suspension Ordinance for formal adoption of the same at the next Board meeting.

27.    OPERATIONS COMMITTEE RECEIVED AND FILED report on maintenance of El Monte Station.

28.    OPERATIONS COMMITTEE RECEIVED AND FILED report for the procurement of vehicles and facilities pest control services, as immediate remedial measures.

30.    APPROVED UNDER OPERATIONS COMMITTEE AUTHORITY (4-0) execution of an amendment to Contract No. OP33440807 with XLNT Tint, to increase frequency of replacing etched glass panel graffiti guard film, for an amount not to exceed $250,000 over the remaining 20 months of the term of the contract, increasing the total contract value from $236,665 to $486,665.

31.    APPROVED UNDER OPERATIONS COMMITTEE AUTHORITY (4-0) execution of an amendment to Contract No. OP33440808 with Acme Glass & Mirror, to replace damaged glass panels at Metro transit stations for an amount not to exceed $330,000 over the remaining 20 months of the term of the contract, increasing the total contract value from $298,489 to $628,489.

NON-CONSENT:

3.      Chair’s Report

4.      Chief Executive Officer’s Report

·    Presentation of Plaques of Appreciation to Metro and Metrolink Station Cities.

14.    CONSTRUCTION COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION award of a five-year firm fixed price Contract No. PS-0532-1235, to Aon Risk Services, Incorporated:

A.      Phase 1 of the Construction Insurance Brokerage services administering marketing services in an amount of $65,255 effective November 1, 2002; and

B.      contingent on the successful completion of Phase 1, authorize the Chief Executive Officer to exercise the option for Construction Insurance Implementation and Program Administration (Phase 2) in an amount not to exceed  $1,014,594, for a total contract value not to exceed $1,079,819.

16.    FINANCE AND BUDGET COMMITTEE RECOMMENDED (3-0) adopting a resolution authorizing the issuance of the California Transit Financing Corporation 2002 refunding certificates and approve documents for the negotiated sale of the certificates by UBS Paine Webber. 

          (Requires separate, simple majority Board vote)

32.    ASSUME AND AUTHORIZE payment of Union Station Gateway’s financial obligations related to the remediation of the Gibson Environmental, Inc. Site in Bakersfield.

33.    CONSIDER:

A.           approving a new total capital budget of $26,408,000 for Project 800115, Universal City Station Site Enhancements to cover construction and related administrative costs; and

B.               amending the Fiscal Year 2003 Capital Budget to add $7,500,000 for Project No. 800115, Universal City Station Site Enhancements.

34.           CONSIDER the San Gabriel Valley Coalition of Governments’ recommendation to:

A.     Nominate the following to serve on the San Gabriel Valley Service Sector Council:

San Gabriel:  Harry Baldwin

Pasadena:  Sid Tyler

South Pasadena:  David Rose

San Marino:  Emile Bayle

Sierra Madre:  Bart Doyle

Montebello:  Kathy Salazar

Monterey Park: Sharon Martinez

B.      increase the allowed membership on the San Gabriel Service Sector Council from 9 to 14. 

35.         RECEIVE AND FILE report outlining the Metro’s participation in the California Child Safety AMBER Network for the safe and rapid recovery of abducted children.

36.    CLOSED SESSION:

A.    Public Employee Performance Evaluation – G.C. 54957

Board Secretary

B.   Conference with Legal Counsel – Existing Litigation – G.C. 54956.9(a):
 
1.  Briot v. Metro, BC260158

2.       Forgia v. Metro, BC260246

3.       Labor/Community Strategy Center v. Metro CV94-5936 TJH

C.  Conference with Legal Counsel – Anticipated Litigation

     1.  Significant exposure to litigation - G.C. 54956.9(b)                        

            Two Cases

                  2.  Initiation of litigation – G.C. 54956.9(c)

           One Case

D. Conference with Real Property Negotiators concerning Price and/or Terms of Payment (G.C.54956.8)

Negotiator:  Velma Marshall          

1.      APPROVE Just compensation for the following parcels and authorize the Chief Executive Officer to make an offer to the owner(s) of record to acquire the parcels for the Eastside Light Rail Transit Project and to pay relocation benefits pursuant to federal and state regulations.

2.       APPROVE Just compensation for the following parcels and authorize the Chief Executive Officer to make an offer to the owner(s) of record to acquire the parcels for the San Fernando Valley Light Rail Transit Project and to pay relocation benefits pursuant to federal and state regulations.

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

    Agency Negotiators:               Roger Snoble and Brenda Diederichs

                   Employee Organizations:       ATU and Engineers and Architects

                                                                   Association

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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