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RECAP OF ACTIONS

 LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY

REGULAR BOARD MEETING
BOARD OF DIRECTORS

Metro Headquarters
3rd Floor - Board Room
One Gateway Plaza
Los Angeles

September 25, 1997

 Called to order at 9:48 a.m.

Directors/Alternates Present:

Richard Riordan, Chair/Hal Bernson
Yvonne Brathwaite Burke, First Vice Chair/Michael Bohlke
George Nakano
Richard Alatorre/Nate Holden
Michael Antonovich/Nick Patsaouras
John Fasana/Beatrice La Pisto-Kirtley
Don Knabe/Robert Arthur
Jose Legaspi
Vivien Bonzo
Joyce Lawrence
Carol Schatz
Zev Yaroslavsky
Larry Zarian/Jan Heidt
Tony V. Harris, Ex Officio

Interim Chief Executive Officer - Julian Burke
Board Secretary - Georgia Hamilton
Inspector General - Arthur Sinai
General Counsel - County Counsel

 

1.	Consider approval of Consent Calendar Item Nos. 4 
	through 14.
APPROVED ITEMS 5 THROUGH 14
2.	Consider approval of minutes of Special Board meetings 
	held August 12 and August 22 and Regular Board meeting 
	held August 28, 1997.
APPROVED
3.	Chief Executive Officer’s Report

                    NO REPORT WAS MADE

CONSENT CALENDAR ITEMS
4.	Consider:
(CC 3)
	A.	issuance of Work Authorization Change Notice (WACN) 
		No. B646-CN-66.01 to Contract No. B646, with Syseca, 
		Inc. for Metro Red Line, North Hollywood Extension 
		covering design update for Fire Alarm changes; and 
		B646-CN-70 for an Economic Price Adjustment (EPA)  to 
		the North Hollywood portion for a total not to exceed 
		$777,000, for a total contract amount of $1,835,000;
	B.	execution of a subsequent Change Order if within the 
		amount approved for CN’s 66.01 and 70, and:
	C.	an increase to the Authorization For Expenditure 
		(AFE), in the amount of $777,000 for a total revised 
		AFE of $1,835,000.
	COMMITTEE RECOMMENDATION:  APPROVE
APPROVED AS AMENDED: WORK AUTHORIZATION CHANGE NOTICE AND AFE NOT TO EXCEED $500,000; ALL EXISTING CONTRACTS THAT CONTAIN AN ECONOMIC PRICE ADJUSTMENT PROVISION TO BE REVIEWED BY THE CONSTRUCTION COMMITTEE FOR POSSIBLE COMPETITIVE BID CONSIDERATION; AND THE EXECUTIVE OFFICER OF CONSTRUCTION SUBMIT TO THE BOARD A REVISED WACN POLICY WHICH ALLOWS STAFF TO NEGOTIATE CHANGES IN A TIMELY MANNER AND TO APPROVE THOSE WITHIN THE CONFINES OF THEIR SIGNATURE AUTHORITY.
5.	Consider approval of Amendment No. 19 to Contract Work
(CC 11)	Order No. 3 to Contract No. E0070 with Engineering
	Management Consultant to incorporate Consultant Change 
	Notice Nos. 530.03, 619 and 620.01 for additional design 
	services for the Metro Red Line, Wilshire and 
	Vermont/Hollywood Corridors in the amount of $508,881, 
	increasing the CWO to $92,656,930.
	COMMITTEE RECOMMENDATION:  APPROVE
APPROVED ON CONSENT
6.	Consider award of contract to IBM Corporation, Los
(FB 1)	Angeles, the lowest responsive, responsible proposer,
	covering procurement of 5 (five) IBM 3490-E tape 
	transport units, for a fixed price of $280,266.
	COMMITTEE RECOMMENDATION:  APPROVE
APPROVED ON CONSENT
7.	Consider amendment of Contract LRA-518-95 with Orduno & 
(FB 2)	Ibarra Relocation Consultants covering completion of
	relocation services for the Metro Red Line East Side 
	Extension Project on or before December 31, 1998, for a 
	total amount of $293,200, including ratification of 
	previous contract amendments, increasing the total 
	contract amount to $575,448.
	COMMITTEE RECOMMENDATION:  APPROVE
APPROVED ON CONSENT
8.	Consider Oppose position on Government Cost Savings and
(EMC 1)	Taxpayer Protection Amendment - PECG Initiative.
	COMMITTEE RECOMMENDATION:  APPROVE
APPROVED ON CONSENT
9.	Consider delegating authority to the Operations
(EMC 2)	Committee, with a 4/5 vote, authority to approve new
	contracts, contract amendments, options and extensions 
	valued between $100,000 and $2 million.
	COMMITTEE RECOMMENDATION:  APPROVE
APPROVED ON CONSENT
10.	Consider award of contract to Tyree Organization, Ltd.,
(OPS 2)	Cerritos, the lowest responsive, responsible bidder, for
	IFB No. OP-3360-1002, covering underground tank 
	replacement at Division 6, for a fixed price of 
	$946,556.
	COMMITTEE RECOMMENDATION:  APPROVE
APPROVED ON CONSENT
11.	Consider award of contracts covering Rockwell brake
(OPS 3)	parts for a 27-month period for a total bid price of
	$2,975,217:
	A. Onyx Distribution in the amount of $13,316;
	B. Coast To Coast Components in the amount of $32,554;
	C. Truck Trailer Transit Inc. in the amount of 
	   $838,222; and
	D. Baszile Metal Service in the amount of 
	   $2,091,126.
	COMMITTEE RECOMMENDATION:  APPROVE
APPROVED ON CONSENT
12.	Consider disposal of 33 surplus/obsolete buses by off-
(OPS 5)	site auction for an estimated revenue of $16,500, less
	towing fees.
	COMMITTEE RECOMMENDATION:  APPROVE
APPROVED ON CONSENT
13.	Consider approval of contract extensions covering
(OPS 6)	freeway service patrol from October 1, 1997 to June 30,
	1998 at a total cost of $800,000:
	Beat	Contractor			Amount	 
	7	Coastal Towing			$325,000
	17	Just For You			 305,000
	24	TG Towing			 170,000
	COMMITTEE RECOMMENDATION:  APPROVE
APPROVED ON CONSENT
14.	Consider:
(PP 2)	
	A.	publication of the Notice of Public Hearing and 
		setting a Public Hearing for Monday, November 17, 
		1997, to receive input on the Metro’s Americans with 
		Disabilities Act (ADA) Complementary Paratransit 
		Plan Update; and
	B.	authorizing the Chief Executive Officer to appoint a 
		Hearing Officer.
	COMMITTEE RECOMMENDATION: APPROVE
APPROVED ON CONSENT
PUBLIC HEARING
15.	Hold a Public Hearing on the proposed condemnation of 
	that certain property located at 1630 North Edgemont 
	Street, Los Angeles - Owner(s): Irachmil B. Taus Trust.  
	Metro Parcel No. B2-227.
HELD PUBLIC HEARING AND APPROVED CONDEMNATION
NON-CONSENT ITEMS
16.	Consider:
(OPS 7)	
	A.	rejection of non-responsive bid submitted by 
		Neoplan, USA;
	B.	award a contract to New Flyer of America, Cookston, 
		Minn, the lowest responsive and responsible bidder, 
		covering the purchase of 223 CNG buses, including 
		spare parts and test equipment, plus optional spare 
		fuel cylinders and additional special diagnostic 
		equipment, and force account in the amount of 
		$79,621,302;
	C.	exercise of recommended procurement options; and
	D.	authorize the CEO to issue a Notice to Proceed upon 
		his determination that adequate funding is available 
		to support the procurement.
	COMMITTEE RECOMMENDATION:  APPROVE AS AMENDED, SUBJECT 
	TO RESOLUTION OF PROTESTS:
	AMENDMENT:
	1.	STAFF TO RETURN TO THE NEXT COMMITTEE MEETING WITH 
		OPTIONS FOR MITIGATING THE SEATING CAPACITY LOSS AND 
		MEETING THE LOAD CAPACITY REQUIREMENTS IN THE 
		CONSENT DECREE, IF THE BOARD EXERCISES THE LOW-FLOOR 
		OPTION;
	2.	THE NEXT BUS FLEET PROCUREMENT CYCLE (SPRING 1998) 
		INCORPORATES THE PURCHASE OF AT LEAST 100 ATTB’S, 
		CONTINGENT UPON AVAILABILITY, COMPETITIVE PRICING 
		AND Metro FINANCIAL RESOURCES; and
	3.	STAFF IS TO FORWARD A COPY OF THIS MOTION TO THE FTA 
		AND OTHER PARTIES TO GAIN THEIR ASSISTANCE IN 
		MEETING THE SPRING 1998 ATTB PROCUREMENT SCHEDULE, 
		AND TO PROVIDE QUARTERLY PROGRESS REPORTS TO THE 
		COMMITTEE.
APPROVED AS AMENDED: INCREASED THE BASE ORDER BY 25%, OR 55 BUSES, FOR A TOTAL OF 278 BUSES SUBJECT TO FUNDING AVAILABILITY, RESOLUTION OF THE SAFETY ISSUES AND FLEXIBILITY WITH REGARD TO TYPE OF BUSES ORDERED.
PRINCIPALS ONLY

Director Riordan asked the CEO to suggest someone in the Construction business to work with General Counsel on better ways to handle change orders.

17.	ANTONOVICH - Consider approval to contract for the 
	professional services with the same legal firm used in 
	the July Burbank-Chandler Turnkey presentation for a 
	review and preliminary analysis of all five private 
	sector submittals at a cost not to exceed $20,000, for 
	presentation at the October Board Meeting.
APPROVED AS AMENDED: RECEIVED AND FILED THE VENTURA FREEWAY PROPOSAL AND HAVE THE REMAINDER OF THE PROPOSALS EVALUATED IN-HOUSE.
18.	BERNSON - Consider approval for staff to meet with 
	representatives of the Southern California Regional 
	Rail Authority and the Los Angeles City Department of 
	Transportation to determine the feasibility of 
	operating a Metrolink service in the San Fernando 
	Valley, from Union Station to the Cities of Glendale 
	and Burbank to the Warner Center, to help meet the 
	mobility needs of the residents.
	(Carried over from August Board Meeting)
CARRIED OVER
19.	ANTONOVICH - Request Metro staff to immediately begin 
	discussion with the Los Angeles Sheriff Department 
	regarding the feasibility of merging the Metro Transit 
	Police Department with the Los Angeles Sheriff 
	Department in order to provide transit security 
	throughout Los Angeles County.
	(Carried over from August Board Meeting)
CARRIED OVER TO OCTOBER BOARD MEETING
20.	BURKE - Receive and file analysis of the Building 
	Efficient Surface Transportation and Equity Act of 1997 
	(BESTEA).
RECEIVED AND FILED
21.	Consider path forward for the Audit Task Force.
(ATF 8)	
	COMMITTEE RECOMMENDATION:  APPROVE continuing the Audit 
	Task Force meetings at least quarterly beginning in 
	January 1998 to monitor and review the performance of 
	the following:
	a.  agency-wide tracking system;
	b.  certification and compliance with AB 1869;
	c.  audit backlog;
	d.  collections procedures and report on funds 
	    collected;
	e.  construction variance reporting:
	and preparation of recommendations for the quarterly 
	meeting relating to:
	a.  implementation of internal controls assessment 
	    (committee of sponsoring internal controls system - 
	    COSO);
	b.  update on Management Audit Services APTA Peer 
	    review;
	c.  review of audit close-out procedures;
	d.  reliability program;
	e.  agency general audit plan; and
	f.  reallocation of resources sustained through the 
	    audit process.
CARRIED OVER TO JANUARY, 1998
22.	PATSAOURAS - Request by Director Patsaouras to consider
(CC 4)	Dispute Review Board recommendations adverse to the Metro
	position APPROVED UNDER CONSTRUCTION COMMITTEE AUTHORITY 
	September 10, 1997:
	A.  Claim 23, Extension of Conduits into Cable Trays, 
	    for an amount not to exceed $42,958;
	B.  Claim 29, Additional Concrete Masonry Unit Wall 
	    Ties, for an amount not to exceed $103,792.
APPROVED
23.	PATSAOURAS -  Consider motion regarding Disputes Review 
	Board to:
	1.  Require that all DRB decisions, $100,000 and above, 
	    without regard to scope or merit finding be brought 
	    back to the Committee and Board for approval; 
	2.  Report to the Construction Committee on a review of 
	    the DRB process.  This report should include, but not be 
	    limited to, the following:
	    a.  an accounting of all DRB decisions on the MRL 
		Wilshire/Vermont corridor over the past year, 
		including a report as to the number of items 
		resolved at the DRB level, and the number of items 
		which either the Metro or the contractor further pursued 
		through litigation;
	    b.  an analysis of the impact of the DRB decision 
		when litigation is pursued;
	    c.  a review of any requirements assigned DRB 
		members and an analysis as to whether such requirements 
		are being fulfilled;
	    d.  a review of the qualification requirements for 
		DRB membership to ensure members are not under current 
		contract with either the contractor or the Metro.
	CONSTRUCTION COMMITTEE RECOMMENDATION: APPROVE
APPROVED
24.	Consider:
	A.	rejection of all bids submitted under IFB. No. OP-
		3360-1015 for yard lighting upgrade at Division 9; 
		and
	B.	reissuance of solicitations for the procurement.
	COMMITTEE RECOMMENDATION: APPROVE
	(Carried over from August Board Meeting)
APPROVED
25.	Consider:
(CC 8)	
	A.	second year funding for Gannett Fleming, Inc., 
		the Project Management Oversight consultant, to 
		perform work on the Pasadena Blue Line, LA Car and 
		Systemwide Tasks in the amount of $1,547,000; and
	B.	approval of Statement of Responsibility for Metro 
		Project Management Oversight.
	COMMITTEE RECOMMENDATION: FORWARD TO FULL BOARD
APPROVED CEO’S RECOMMENDATION TO BRING THIS WORK IN-HOUSE AND AUTHORIZE NO FUNDING AT THIS TIME.
26.	Consider an ‘Oppose’ position on AB 1141.
(EMC 
ADDED)	COMMITTEE RECOMMENDATION: APPROVE
APPROVED
27.	Consider award of contracts under IFB No. OP35600906
(OPS 4)	covering sweeping and cleaning Metro properties and/or
	facilities, for a three-year period, with two one-year 
	options at the election of the Metro, to the lowest 
	responsible, responsive bidders:
	A.	Nationwide Environmental Services, Norwalk, for bus 
		transit facilities and street running sections of 
		the Blue Line right-of-way, for a three-year  
		amount not to exceed $1,266,335; and
	B.	A-1 Power Sweeping Company, Baldwin Park, for 
		rail transit facilities, for a three-year amount 
		not to exceed $292,408.
		COMMITTEE RECOMMENDATION:  APPROVE SUBJECT TO 
		MANAGEMENT EVALUATION OF PROTESTS
APPROVED
28.	Consider:
(PP 5)	
	A.	adoption of a soundwall funding policy for the Metro 
		to fund all soundwalls required by federal and state 
		regulations as a component of the Metro programmed High 
		Occupancy Vehicle lane project;
	B.	programming $21.3 million in FY 1998-99 to construct 
		soundwalls that meet the requirements of the 
		recommended soundwall funding policy that are part of 
		HOV projects either completed or that do not have 
		sufficient funds for construction of all necessary 
		soundwall segments;
	C.	working with CalTrans to fund previously programmed 
		HOV projects with the $21.3 million in Traffic 
		Systems Management funds anticipated to be available 
		in Los Angeles County in FY 1998-99; and
	D.	funding the remaining $10.4 million financial impact 
		of the recommended policy in future Calls for 
		Projects.
		COMMITTEE RECOMMENDATION: APPROVE  -- UPDATE ON SB 45 
		AND ITS POTENTIAL IMPACT ON FUNDING TO BE RECEIVED AT 
		THE BOARD MEETING
APPROVED ‘A’ ONLY. STAFF TO RETURN IDENTIFYING PROJECTS AND FUNDING PLAN

Director Yaroslavsky requested a report showing the entire soundwall picture.

29.	Consider:
(PP 6)	
	A.	reallocation of $9,555,000 from Segment 2 of the 
		Route 10 High Occupancy Vehicle (HOV) lane project 
		(Route 605 to Route 57)  to Segments 1 and 3 of the 
		project (Baldwin Avenue to Route 605 and Route 57 to 
		the San Bernardino County line) to complete funding 
		for the design, right-of-way acquisition and 
		construction of Segments 1 and 3; Segment 1 design, 
		$3,155,000; Segment 3 design, $2,400,000 & right-of-
		way, $4,000,000;
	B.	amend existing contracts with CH2M Hill covering 
		Segment 1 in the amount of $3,400,000; and MK 
		Centennial covering Segment 3 in the amount of 
		$2,520,000 to complete design work and for scope of 
		work and design changes required by CalTrans.
	COMMITTEE RECOMMENDATION: APPROVE ‘A’ AND CARRY OVER 
	‘B’ FOR 30 DAYS TO ALLOW STAFF TO RETURN WITH THE 
	FINAL NEGOTIATED AMOUNTS
APPROVED AS AMENDED: ITEM ‘B’ CARRIED OVER 60 DAYS
30.	Consider indemnifying CalTrans against any Section 13(c)
(PP 7)	labor protection claims that may be filed against them
	pursuant to the award of any FTA Section 5310 grant to 
	ASI.
	COMMITTEE RECOMMENDATION: APPROVE AS AMENDED TO INCLUDE: 
	Metro SHALL INDEMNIFY AND HOLD ASI HARMLESS FOR ANY CLAIMS 
	PROPERLY BROUGHT BY PROTECTED Metro EMPLOYEES PURSUANT TO 
	ANY SECTION 5333(B) (FORMERLY SECTION 13(C)) AGREEMENT 
	OR ARRANGEMENT ENTERED INTO BY Metro; STAFF SHALL RETURN 
	TO THE BOARD IF ANY CHANGES ARE WARRANTED.
APPROVED
CLOSED SESSION
31.	Conference with Labor Negotiator - G.C. 54957.6
	Agency Negotiator - Raman Raj
	Employee Organization:  Amalgamated Transit Union
                                Teamsters 	
                                Non-Represented Employees
                                Transit Police Officers Association
NO REPORT WAS MADE
32.	Conference with legal counsel on existing litigation 
	pursuant to Government Code Section 54956.9(a):
	A.	Metro v. Sumitomo, Superior Court, Case No. BC136375
	B.	Labor/Community Strategy Center V. Metro, U.S. District 
		Court, Case No. CV945936 TJH
NO REPORT WAS MADE
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.
33.	MOLINA - Consider authorizing the Human Resources
	Department to work with the Los Angeles County Department of
	Public Social Services (DPSS) to include appropriately
	qualified GAIN (Greater Avenues to Independence)
	participants in significant Metro recruitment and hiring
	efforts for open positions at the Metro.
APPROVED

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

RECEIVED

Director Fasana requested a copy of the report on ’safety’.

ADJOURNMENT