MINUTES/PROCEEDINGS
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 28, 1999
Called to order at 9:55 A.M.
Directors Present:
Yvonne Brathwaite Burke, Chair
James Cragin, First Vice Chair
Richard Riordan, Second Vice Chair
Michael Antonovich
Hal Bernson
John Fasana
Don Knabe
Gloria Molina
Jenny Oropeza
Frank Roberts
Jaime de la Vega
Zev Yaroslavsky
Tony V. Harris, Ex Officio
Chief Executive Officer - Julian Burke
Board Secretary - Michele Jackson
Inspector General - Arthur Sinai
General Counsel - County Counsel
Item 1
APPROVED Consent Calendar Items 2, 19, 24, 25, 29, 38, 39, 40, 41
ITEMS 8, 9, AND 10 WITHDRAWN FROM CONSENT CALENDAR.
NOTED ITEMS APPROVED UNDER COMMITTEE AUTHORITY: 15
Present
OROPEZA
YES
Present
FASANA
YES
Absent
MOLINA
Present
ANTONOVICH
YES
Absent
LEGASPI
Present
KNABE
YES
Present
BURKE
YES
Present
CRAGIN
YES
Absent
RIORDAN
Present
BERNSON
YES
Present
YAROSLAVSKY
YES
Present
ROBERTS
YES
Present
HARRIS
Item 2
APPROVED ON CONSENT CALENDAR Minutes of Regular Board Meeting held on September 23, 1999.
Item 3
Chief Executive Officer's Report
Item 4
Chair's Report - NO REPORT.
Item 8
APPROVED execution of a five year license agreement with Southern California Edison Company ("SCE") for the lease of a seven acre site located in the City of Long Beach for the storage of system-wide rail material for a total payment of $330,381.
Present
OROPEZA
YES
Present
FASANA
CON
Present
MOLINA
CON
Present
ANTONOVICH
YES
Absent
LEGASPI
Present
KNABE
CON
Present
BURKE
YES
Present
CRAGIN
YES
Present
RIORDAN
YES
Present
BERNSON
YES
Present
YAROSLAVSKY
CON
Present
ROBERTS
YES
Present
DE LA VEGA
YES
Present
HARRIS
Item 9
APPROVED award of contract to Municipal Resource Consultants (MRC) for sales tax audit and forecasting services for two years, with three-one year options.
Audit and revenue recovery services are on a contingency basis at the following rates:
Recoveries Fee %
under $6M
23%
$6M -20M 17%
over $20M 11%
Present
OROPEZA
YES
Present
FASANA
YES
Present
MOLINA
YES
Present
ANTONOVICH
CON
Absent
LEGASPI
Present
KNABE
YES
Present
BURKE
CON
Present
CRAGIN
YES
Present
RIORDAN
CON
Present
BERNSON
YES
Present
YAROSLAVSKY
CON
Present
ROBERTS
YES
Present
DE LA VEGA
YES
Present
HARRIS
Item 10
APPROVED
A. execution of Revision No. 2 to Contract Work Order (CWO) No. 60 to Contract No. E0070 with the Engineering Management Consultant (EMC) for Project Management, Project Administration, and Project Control Services, for Segment 3, North Hollywood in the amount of $835,107 which increases the total CWO value to $2,855,244;
B. an increase to the Project Authorization for Expenditure (AFE) in the amount of $835,107 for a revised total AFE of $97,684,904.
Present
OROPEZA
YES
Present
FASANA
YES
Present
MOLINA
CON
Present
ANTONOVICH
CON
Absent
LEGASPI
Present
KNABE
CON
Present
BURKE
YES
Present
CRAGIN
YES
Present
RIORDAN
YES
Present
BERNSON
CON
Present
YAROSLAVSKY
YES
Present
ROBERTS
YES
Present
DE LA VEGA
YES
Present
HARRIS
Item 13
RECEIVED AND FILED in closed session report on brake lining and drum procurement.
Absent
OROPEZA
Present
FASANA
YES
Absent
MOLINA
Absent
ANTONOVICH
Absent
LEGASPI
Present
KNABE
YES
Present
BURKE
YES
Present
CRAGIN
YES
Absent
RIORDAN
Present
BERNSON
YES
Absent
YAROSLAVSKY
Present
ROBERTS
YES
Item 15
APPROVED UNDER OPERATIONS COMMITTEE AUTHORITY award of a firm fixed price contract to Valley Detroit Diesel Allison, City of Industry, the lowest responsive, responsible bidder for 100 new Allison Model V-731 transmission cases for an amount not to exceed $523,343, inclusive of sales tax.
Item 18
APPROVED
A. an increase in the Authorization for Expenditure to Contract HO631 with MASS Electric Construction Co., Traction Power Systems Installation, to provide funding for pending changes that are within the Board delegated authority in the amount of $771,339 increasing the current Segment 3 AFE to $4,579,539;
B. approve transfer of costs incurred on Segment 3 North Hollywood Extension relating to CN 11.01, to the Segment 2 project and backcharge against Contract (B795).
Present
OROPEZA
YES
Present
FASANA
YES
Absent
MOLINA
Present
ANTONOVICH
YES
Absent
LEGASPI
Present
KNABE
YES
Present
BURKE
YES
Present
CRAGIN
YES
Absent
RIORDAN
Present
BERNSON
YES
Present
YAROSLAVSKY
YES
Present
ROBERTS
YES
Present
HARRIS
Item 19
APPROVED ON CONSENT CALENDAR an increase to the Authorization for Expenditure (AFE) for Contract EN031 with Metcalf & Eddy, Inc. in the amount of $80,000 increasing the contract AFE to $966,750 as follows:
A. disposal of additional lead contaminated soils, asbestos abatement and environmental emergency response services for Metro Green Line (D Line) future Maintenance-of-Way facility site in the amount of $55,000; and
B. disposal of remaining contaminated soil cuttings for the Metro Red Line Eastside Extension in the amount of $25,000.
Item 23
APPROVED award of a multiparty contract to Landesbank Hessen-Thuringen Girozentrale (Helaba), Bank of America, Bayerische Hypo-und Vereinsbank AG, Credit Agicole Indosuez and Morgan Guaranty Trust Company of New York (the "Bank Group") for a letter of credit, legal fees and expenses related to tax-exempt commercial paper program for a period not to exceed three years commencing December 1999, for an amount not to exceed $5,450,000
Present
OROPEZA
YES
Present
FASANA
YES
Absent
MOLINA
Present
ANTONOVICH
CON
Absent
LEGASPI
Present
KNABE
YES
Present
BURKE
YES
Present
CRAGIN
YES
Absent
RIORDAN
Present
BERNSON
YES
Present
YAROSLAVSKY
YES
Present
ROBERTS
YES
Present
HARRIS
Item 24
APPROVED ON CONSENT CALENDAR execution of a 25 year easement agreement with Williams Communications covering construction, installation, commercial use, operation and maintenance of a fiber optic communications system along approximately 6,122 feet of the Metro's East Bank rail right of way for $13,162 annually for the initial 25 year term (subject to cost of living adjustments every five years based on increases in the Consumer Price Index) plus a one-time initial payment of $75,000; including an option to extend for four (4) additional 25 year terms. Payment for the 25 year extensions will be based on market rate as agreed to by the parties; or if the parties cannot agree to market, by binding arbitration.
Item 25
APPROVED ON CONSENT CALENDAR execution of a one-year lease extension with Lankershim Partners for the continued use of office/storage space at 4640 Lankershim Boulevard in North Hollywood for an annual payment of $344,891, plus a prorata share of the building's operating expenses.
Item 29
APPROVED ON CONSENT CALENDAR adoption of policy changes to the Metro’s DBE and SBE program that encompass greater participation on the part of small businesses and making changes in the Procurement Policies and Procedures Manual.
Item 34
APPROVED ITEM A ONLY.
Molina substitute motion to:
A. remove the caveat that Metro's support for the Playa Vista Congestion Improvement projects be contingent upon Dreamworks/SKG locating in the Playa Vista Development and proceed with the implementation of the $15.02 million STIP funded Phase 1, Route 1 and Route 90 projects;
B.
submit
a STIP amendment to the California Transportation Commission (CTC) to deobligate
$14.9 million in funds programmed by the Metro to the Route 1 (Lincoln Blvd.),
Phase 2 and Local Road Improvement Projects; and reprogram these funds to
eligible projects currently funded through the Call for Projects using
Proposition C 25% local funds; and
Present
OROPEZA
YES
Present
FASANA
YES
Present
MOLINA
YES
Present
ANTONOVICH
YES
Absent
LEGASPI
Present
KNABE
YES
Present
BURKE
YES
Present
CRAGIN
YES
Present
RIORDAN
YES
Present
BERNSON
YES
Present
YAROSLAVSKY
YES
Present
ROBERTS
YES
Present
DE LA VEGA
YES
Present
HARRIS
ITEM 34
FAILED - ITEM C AS AMENDED.
C.
direct
staff to report back in 30 days on the possible eligible uses for these funds.
This should include but not be limited to unfunded projects
in the 1999 Call for Projects, AND bus capital purchases per the consent decree.
and the Metro's funding match for the Alameda Corridor
Present
OROPEZA
YES
Present
FASANA
YES
Present
MOLINA
YES
Present
ANTONOVICH
NO
Absent
LEGASPI
Present
KNABE
ABS
Present
BURKE
ABS
Present
CRAGIN
YES
Present
RIORDAN
NO
Present
BERNSON
NO
Present
YAROSLAVSKY
NO
Present
ROBERTS
YES
Present
DE LA VEGA
NO
Present
HARRIS
Director Riordan announced the appointment of Jaime De La Vega, from the private sector, to the Board of Directors.
Director Fasana requested an overview of Level F intersections in other counties.
Item 35
FAILED - Yaroslavsky amendment to Riordan/Knabe substitute motion.
Metro IMMEDIATELY DEOBLIGATE THE REMAINING $30 MILLION IN STATE STIP FUNDS PREVIOUSLY ALLOCATED TO THE PLAYA VISTA IMPROVEMENT PROJECT AND USE THESE FUNDS TO PURCHASE ADDITIONAL BUSES.
Present
OROPEZA
NO
Present
FASANA
NO
Present
MOLINA
YES
Present
ANTONOVICH
NO
Absent
LEGASPI
Present
KNABE
NO
Present
BURKE
NO
Present
CRAGIN
NO
Present
RIORDAN
NO
Present
BERNSON
NO
Present
YAROSLAVSKY
YES
Present
ROBERTS
NO
Present
DE LA VEGA
NO
Present
HARRIS
APPROVED Knabe/Riordan substitute motion for items 34, 35 & 36:
that the Metro Board reaffirm its $30 million commitment to fund both the Phase 1 and Phase 2 Route 1 and Route 90 Street Improvements as approved in the 1996 State Transportation Improvement Program; and
FURTHER APPROVED that the Metro Board remove the caveat that Metro's support for the Playa Vista Congestion Improvement projects be contingent upon Dreamworks/SKG locating in the Playa Vista Development.
Present
OROPEZA
NO
Present
FASANA
NO
Present
MOLINA
NO
Present
ANTONOVICH
NO
Absent
LEGASPI
Present
KNABE
YES
Present
BURKE
YES
Present
CRAGIN
YES
Present
RIORDAN
YES
Present
BERNSON
YES
Present
YAROSLAVSKY
YES
Present
ROBERTS
NO
Present
DE LA VEGA
YES
Present
HARRIS
Item 36
SEE Knabe/Riordan substitute motion above.
A.
reprogram
the remainder of the $30 million for the Route 1 and Route 90 Dreamworks access
Improvement projects to the 1999 TIP Call for Projects; and
B.
to
allocate sufficient funds when reprogramming the remaining $30 million for
Caltrans to close out projects associated with the Route 1 and Route 90
Dreamworks access improvement projects.
Item 38
APPROVED ON CONSENT CALENDAR.
A. establishing capital reserve accounts from Proposition A and C Local Return funds for the cities of Arcadia, Lawndale, Pico Rivera; and
B. an amendment for the Municipal Area Express (MAX) agencies capital reserve account, to include the City of Lomita and provide additional funding (an increase of $230,300); contributing MAX agencies consist of the cities of Torrance, Los Angeles, Lawndale, El Segundo, Rancho Palos Verdes, Lomita, and the County of Los Angeles.
Item 39
APPROVED ON CONSENT CALENDAR execution of Change Order with Urban Transportation Associates (UTA), Cincinnati, Ohio, for data collection analysis, reporting services and operational lease of Automatic Passenger Counter Systems for an additional two year period commencing November 1, 1999, in the amount of $947,207, for a total contract amount of $1,475,897.
Item 40
APPROVED ON CONSENT CALENDAR appointment of a Hearing Officer and scheduling of a public hearing for Wednesday, December 1, 1999 at 10:00 AM to receive input on the Metro Americans with Disabilities Act (ADA) Paratransit Plan Update for 2000.
Item 41
APPROVED ON CONSENT CALENDAR an increase in the Authorization for Expenditure (AFE) for Contract MC022 with Kabler Construction Services, Construction Management Services, for a Limited Notice to Proceed for Metro Red Line, Segment 1, in the amount of in an amount not to exceed $200,000 for a total AFE of $911,671.
Item 42 CLOSED SESSION
A. Conference with Legal Counsel - Existing Litigation - G.C. 54956.9 (a):
1. Tutor Saliba Perini v. Metro, Case BC 193559
APPROVED settlement and increase to the AFE of $2,286,971
2. Sanders v. Metro, Case POM207-270;
APPROVED settlement of $120,000
3. Batiste v. Metro, Case 89LA0600-452
APPROVED confidential settlement.
4. Labor/Community Strategy Center v. Metro, Case CV 94-5936TJH
NO ACTION TAKEN.
5. Anguiano v. Metro, Case BC 19600
CARRIED OVER.
Absent
OROPEZA
Present
FASANA
YES
Absent
MOLINA
Absent
ANTONOVICH
Absent
LEGASPI
Present
KNABE
YES
Present
BURKE
YES
Present
CRAGIN
YES
Absent RIORDAN
Present
BERNSON
YES
Absent
YAROSLAVSKY
Present
ROBERTS
YES
Present
DE LA VEGA
YES
B.
Conference with Labor Negotiator - G.C. 54956.8
Negotiator: Tom Webb
Employee Organization:
AFSCME
NO REPORT.
Absent
OROPEZA
Present
FASANA
Absent
MOLINA
Absent
ANTONOVICH
Absent
LEGASPI
Present
KNABE
Present
BURKE
Present
CRAGIN
Absent
RIORDAN
Present
BERNSON
Absent
YAROSLAVSKY
Present
ROBERTS
Present
DE LA VEGA
Item 44
WITHDRAWN - Cragin Motion.
A. that no change be made to the formula for allocation of Federal Section 5307 Capital funds or in the way these funds are allocated for two years;
B. that Proposition C 40% funds be allocated for FY 1999-00 and FY2000-2001 to the included and eligible municipal operators pursuant to the formula allocation procedure. This allocation is based on the Consent Decree funding allocated to Metro Operations up to an amount not to exceed $15 million per year. These allocations are in addition to the existing Proposition C 40% funded programs.
Item 45
DISCUSSED AND CLARIFIED.
ROBERTS Request for discussion and clarification of the contractual language for funding agreements with outside agencies.
Absent
OROPEZA
Present
FASANA
Absent
MOLINA
Present
ANTONOVICH
Absent
LEGASPI
Present
KNABE
Present
BURKE
Present
CRAGIN
Present
RIORDAN
Present
BERNSON
Present
YAROSLAVSKY
Present
ROBERTS
Present
DE LA VEGA
Present
HARRIS
Item 46
APPROVED AS AMENDED.
A. Metro staff develop a criteria for ranking the soundwalls on the Post 1989 list that includes such factors as noise levels, freeway proximity to schools and residences, extenuating circumstances (such as soundwalls already erected on one side of the freeway) HOV lanes, as well as other appropriate criteria;
B. Metro consult with Caltrans to develop the criteria for ranking these soundwalls;
C. Metro staff to return to the JANUARY PLANNING AND PROGRAMMING COMMITTEE with the proposed criteria for ranking these soundwalls and a preliminary ranking of the projects on the Post 1989 soundwall list; and
D. the $35 million that the Metro has already identified as available to fund soundwalls should be preserved for the soundwall program and should not be obligated to any other projects.
Present
OROPEZA
YES
Present
FASANA
YES
Absent
MOLINA
Present
ANTONOVICH
YES
Absent
LEGASPI
Present
KNABE
YES
Present
BURKE
YES
Present
CRAGIN
YES
Present
RIORDAN
YES
Present
BERNSON
YES
Present
YAROSLAVSKY
YES
Present
ROBERTS
YES
Present
DE LA VEGA
YES
Present
HARRIS
Item 47
RECEIVED AND FILED staff's report on identification of bus shelters at Metro Red Line Segment 2 and Segment 3 stations.
Present
OROPEZA
YES
Present
FASANA
YES
Absent
MOLINA
Present
ANTONOVICH
YES
Absent
LEGASPI
Present
KNABE
YES
Present
BURKE
YES
Present
CRAGIN
YES
Present
RIORDAN
YES
Present
BERNSON
YES
Present
YAROSLAVSKY
YES
Present
ROBERTS
YES
Present
DE LA VEGA
YES
Present
HARRIS
Received Public Comment.
Prepared by:
Christina Lumba-Gamboa
Recording Secretary
Michele Jackson
Board Secretary