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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, June 27, 2002 – 9:30 a.m.

Call to order:

Directors:

John Fasana, Chair
James Hahn, 1st Vice Chair
Zev Yaroslavsky, 2nd Vice Chair
Michael Antonovich
Hal Bernson
Yvonne Brathwaite Burke
Paul Hudson
Don Knabe
Gloria Molina
Pam O’Connor
Beatrice Proo
Frank Roberts
Allison Yoh

Chief Executive Officer – Roger Snoble
Board Secretary - Michele Jackson
Ethics Officer - Karen Gorman
Inspector General – Arthur Sinai

General Counsel - County Counsel

1.                 APPROVE Consent Calendar Items: 2, 10**, 11**, 14, 15, 16, 17, 18, 21, 24, 25, 31, 42, 43, 44, 45, 47, 48, 49, 50 and 51

**Requires two-thirds vote of the Board.
NOTE COMMITTEE AUTHORITY ITEM: 20

CONSENT CALENDAR:

2.                 APPROVE Minutes of Regular Board Meeting held May 23, 2002.

10.     OPERATIONS COMMITTEE RECOMMENDED (3-0) finding that the Automated Guided Vehicles (AGVs) consist of highly specialized hardware equipment, communication technology, and software, such that the procurement qualifies under Public Utilities Code Section 130238 for procurement by competitive negotiation.  Using this methodology staff will solicit a package of system hardware and software to be installed on site.

(Requires two-thirds vote of the Board)

11.     OPERATIONS COMMITTEE RECOMMENDED (3-0):

A.                 finding that there is only a sole source to provide S-1 Gards. The purchase is for the sole purpose of enhancing the safe operation of the Metro’s existing bus fleet.  The Board hereby authorizes the purchase of 1,979 S-1 Gards pursuant to Public Utilities Code Section 130237; and

B.                 authorizing the Chief Executive Officer to award a sole source, firm fixed-price contract to Willamette Valley Company, Eugene, Oregon, for the procurement of 1,979 S-1 Gards for a firm fixed-price of $2,720,680 inclusive of sales tax.

                   (Requires two-thirds vote of the Board)

14.     OPERATIONS COMMITTEE RECOMMENDED (3-0) approving the 2002 Hollywood Bowl Park-and-Ride service agreement with the Los Angeles County Department of Public Works and the Los Angeles Philharmonic Association.

15.    OPERATIONS COMMITTEE RECOMMENDED (3-0) execution of two three-year contracts and one two-year contract for the Metro Freeway Service Patrol for a total amount not to exceed $3,172,965:

         Beat  Contractor                                         Amount      Contract Period

         11       Hadley Towing, Whittier                      $1,005,350   10/1/02 - 9/30/05
        43       S&W Towing Hawthorne                      $1,508,234   10/1/02 - 9/30/05

        42       Panorama City Towing, San Fernando $    659,381   10/1/02 - 9/30/04

                                       Total Amount       $3,172,965

 

16.     OPERATIONS COMMITTEE RECOMMENDED (3-0) award of a two-year contract to Corporate Express, Paramount, the lowest responsive, responsible bidder under Bid No. 03-0205, for office supplies for an amount not to exceed $1,500,000 inclusive of sales tax.

17.     OPERATIONS COMMITTEE RECOMMENDED (3-0) award of a firm fixed-price contract to Johnson Lift/Hyster, the lowest responsive, responsible bidder under Bid No. 04-0211, for 18 motorized hand lift trucks for a firm fixed-price of $208,275, inclusive of sales tax.

18.     OPERATIONS COMMITTEE RECOMMENDED (3-0) award of a twenty-four month, firm fixed-price requirements contracts to the following lowest responsive, responsible bidders under Bid No. 04-0212, for bus electrical parts for a total amount not to exceed $706,786 inclusive of sales tax:

A.            Crain Auto Electric for electrical regulator, housing assembly, stator and field coil assembly, end housing assembly, and solenoid for a total contract value of $388,018;

B.           Kirk’s Automotive for bus alternators for a total contract value of $150,960;

C.           Auto Diesel Electric for alternator kit and flasher for a total contract value of $88,818;

D.           Hydraulic Electric for frame end drive for a total contract value of $49,362; and

E.            Neoplan, Inc. for alternator stator assembly for a total contract value of $29,628.

21.     CONSTRUCTION COMMITTEE RECOMMENDED (3-0-1):

A.                 execution of Change Order 4, Contract Work Order (CWO) No.1 to Contract PM022, Project Management Assistance with URS Corporation, for the preparation and deliverable of an independent cost estimate for the Eastside Light Rail Transit Project, for an amount not to exceed $586,068, increasing the CWO value from $709,888 to $1,295,956; and

          B.      an increase in the Authorization for Expenditure (AFE) to provide funding for the identified Change Order and for other changes to be issued within Board-delegated authority, in the amount of $586,068, increasing the current total AFE from $709,888 to $1,295,956.

24.    FINANCE AND BUDGET COMMITTEE RECOMMENDED (4-0) negotiation and execution of a non-competitive one-year indefinite delivery, indefinite quantity Contract No. PS92101275 to IBM Corporation for annual software maintenance, for an amount not to exceed $1,110,000.

25.    FINANCE AND BUDGET COMMITTEE RECOMMENDED (4-0) award of a five-year labor hour contract No. PS-9210-1129 to Van & Associates, Inc. to provide technical support services for IBM software products for an amount not to exceed $390,000, inclusive of three one-year options, effective July 1, 2002.

31.    EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED (5-0) the following positions on state legislation:

A.      AB 2333 (Nakano) – amended to require that the benefits and burdens of airports are fairly distributed among the counties and requires that the principles of environmental justice are utilized in airport planning. NEUTRAL

B.      SB18 (Alarcon) – amended to restructure the Metro Board by designating one seat for the San Fernando Valley should it secede.  OPPOSE

42.     PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0) execution of Memorandums of Understanding with the Southern California Association of Governments to perform transitional rideshare activities in FY 03 for a total amount not to exceed $1,959,200.

43.    PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED      (3-0-1) authorizing the Chief Executive Officer to enter into a six-month Exclusive Negotiation Agreement with Legacy Partners for the development of approximately 2.8 acres of Metro-owned properties located at the Hollywood and Vine Metro Red Line Station.

44.    PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0) authorizing the Chief Executive Officer to enter into a six-month Exclusive Negotiation Agreement with Urban Partners, LLC for the development of approximately 7.0 acres of Metro-owned properties located at the Metro Red Line Wilshire/Vermont Station.

45.    PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0) deferment of the joint development of the North Hollywood Metro Red Line Station at this time.

47.    PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0) adoption of the 2002 Congestion Management Program for Los Angeles County.

48.    PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0) execution of Amendment No. 1 to Amtrak Intercity Agreement among National Railroad Passenger Corporation, Southern California Regional Rail Authority, Los Angeles County Metropolitan Transportation Authority, Riverside County Transportation Commission, San Bernardino Associated Governments and Ventura County Transportation Commission.

49.    PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0):

A.      recertifying $358.8 million in existing Fiscal Year 2002-03 commitments from previous Call for Projects and authorizing the expenditure of funds to meet these commitments;

B.      deobligating $12.5 million of previously approved Call for Projects funding, including funds from savings, program adjustments, canceled or late projects;

C.      reserving from the $12.5 million in deobligated funds:

1.       $3.0 million for the State Highway Program Claims Reserve Account to be used to pay outstanding claims for completed Call for Projects funded State Highway construction projects;

2.       $9.5 million to be reprogrammed in the 2003 Call for Projects for all modes including the newly proposed category of capacity enhancement/3R (reconstruction, rehabilitation, repavement);

D.     receiving and filing the list of time extensions totaling $218.6 million for projects; and

E.      adopting the resolution required by the Southern California Association of Governments, which certifies that Los Angeles County has the resources to fund the projects in the
FY 2003-2008 Transportation Improvement Program and affirms its commitment to implement all of the projects in the program.

50.    PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0) adopting:

A.                 the resolution making a determination of unmet public transportation needs in the areas of Los Angeles County outside the Metro service area; and

B.                 the findings and recommended actions for the allocation and use of FY 2002-03 TDA Article 8 funds of $15,826,958, as follows:

§               in the Cities of Avalon and Santa Clarita, there are unmet transit needs that are reasonable to meet; therefore, TDA Article 8 funds shall be used to meet these unmet transit needs.  The allocation is: Avalon $98,416 and Santa Clarita $4,755,204;
§               in the Antelope Valley, which includes the Cities of Lancaster and Palmdale, and in the Los Angeles County unincorporated areas of Santa Clarita Valley and Catalina Island, transit needs are met using other funding sources, such as Propositions A and C Local Return; therefore, the finding is that there are no unmet transit needs that are reasonable to meet, because other funding sources noted above will be used to address these needs.  Thus, TDA Article 8 funds may be used for street and road projects.  The allocation for the Antelope Valley (Lancaster and Palmdale) is $3,736,420 and $3,671,963.  The allocation for Los Angeles County Unincorporated is $3,564,955.

 51.    PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0) approving allocations to Los Angeles County Transit Operators and cities for Fiscal Year 2003 as follows:

A.      Transportation Development Act (TDA), TDA interest, State Transportation Assistance (STA), STA interest and Proposition A Discretionary fund allocations;

B.      Propositions A and C interest allocations;

C.      Proposition C 40% allocation for the Bus Service Improvement Program, Foothill Mitigation Program, the Transit Service Expansion Program and the Base Restructuring Program;

D.      Proposition C 40% Municipal Operator Service Improvement Program allocation;

E.       TDA Article 8 Fund allocation;

F.       Propositions A and C Local Return and TDA Article 3 allocations;

G.      Proposition A Incentive Program allocation;

H.      Proposition C 5% Security Fund allocation; and

I.        Federal Section 5307 Capital Funding allocation.

APPROVED UNDER COMMITTEE AUTHORITY - (Item 20)

20.            APPROVED UNDER CONSTRUCTION COMMITTEE AUTHORITY (4-0), AS CORRECTED:

A.                 negotiation and execution of Change Order No. 4 to Contract No. PS-4310-0964, with Eastside LRT Partners, a Joint Venture, consisting of Parsons Brinckerhoff, Jenkins/Gales & Martinez and Barrio Planners, Inc., for an amount not to exceed $4,478,667 of $3,926,062 for Phase II final engineering design services for Eastside Light Rail Transit Project increasing the CWO value from $24,169,883 to $28,648,550 $28,095,945; and

B.       an increase in the Authorization for Expenditure (AFE) to provide funding for the identified Change Order in the amount of $4,478,667  $3,926,062, increasing the current AFE from $24,177,184 to $28,655,851 $28,103,246.

NON-CONSENT:

3.                 Chief Executive Officer’s Report

4.                 Chair’s Report

§                     Election of 2nd Vice Chair  

§                     Presentation of Resolution to departing Inspector General, Arthur Sinai

12.     OPERATIONS COMMITTEE RECOMMENDED (3-0) APPROVAL OF REVISED RECOMMENDATION TO:

A.            award a firm fixed-price contract to International Power Machines (IPM), the lowest responsive, responsible bidder under Bid No. 01-0229 for the purchase of 14 Uninterruptible Power Supply (UPS) units for Segments 2 and 3 of the Metro Red Line subway system for an amount not to exceed $772,014 $1,071,141 inclusive of sales tax.

B.           receive and file report notifying the Board that the Chief Executive Officer has purchased 4 UPS Systems under immediate remedial measures in accordance with Public Utilities Code Section 130235(b).

 

13.     OPERATIONS COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION award of a two-year contract to BP West Coast Products, the lowest responsive, responsible bidder under Bid 04-0216, for ultra low sulfur diesel fuel for an amount not to exceed $9,286,335, inclusive of sales tax.

23.    FINANCE AND BUDGET COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION negotiation and award of an Excess Liability Insurance Program for Metro liability exposures, other than major construction projects, at a cost not to exceed $4.4 million for a 12-month period beginning August 1, 2002 through    July 31, 2003.

32.            EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED (5-0), AS AMENDED BY BURKE, adoption of support positions on the following TEA-21 reauthorization principles:

A.                 State of California Consensus General Principles for Reauthorization of Transportation Equity Act for the 21st Century (TEA-21); and

B.      Los Angeles region’s General Principles for Reauthorization of Transportation Equity Act for the 21st Century (TEA-21).

          BURKE AMENDMENT:  Support the creation of a Metropolitan Congestion Program.

33.     EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION approval of clarifications to Metro’s FY03 Financial Standards.

34.     EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED (5-0), AS AMENDED BY ROBERTS UNDER RECONSIDERATION, approval of funding strategies to ensure the timely completion of the Pasadena Gold Line by:

A.            approving funding for the unanticipated additional net cost of constructing a parking structure at the Sierra Madre Villa station site for an amount not to exceed $10 million, on a reimbursement basis;

B.           relieving the Pasadena Authority from its obligation to reimburse the Metro for pre-revenue start up activities and other minor items; and

C.           authorizing negotiation and execution of agreement(s) and/or amendment(s) to existing agreements to implement required actions.

 

ROBERTS AMENDMENT:  Consider the purchase of Del Mar station parking structure in addition to Sierra Madre Villa.

35.    EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED (5-0), AS AMENDED BY BURKE:

A.                 approving the Disadvantaged Business Enterprise (DBE) Program;

B.                 authorizing the Chief Executive Officer to make administrative changes to the DBE Program that result from Department of Transportation Final Rule changes, new regulatory amendments and DOT/FTA program interpretations; and

C.                 adopting 20% as the DBE Annual Goal for Federal Fiscal Year 2003 (FFY03).

BURKE AMENDMENT that the Board instruct the Chief Executive Officer and the staff of Diversity and Economic Opportunity Department to develop recommendations and written procedures on how to implement a “SHARED RESPONSIBILITY” Program in an effort to apply the DBE annual Goal to Metro Departments and report back with their recommendations in October 2002.

 

46.    PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED   (4-0) AS AMENDED BY YOH:

A.                 approving relocation of the 60-foot Metro-owned right-of-way between Vineland Avenue and Lankershim Boulevard in North Hollywood subject to the following conditions:

1.    realignment preserves the option of constructing and operating a light rail or bus rapid transit system in the future;

2.    realignment generally follows the proposed route;

3.    a right-of-way width of at least 56 feet is maintained to allow 36 feet for the rail guideway and a 10-foot buffer on both sides;

4.    the City of Los Angeles agrees to vacate the alley located east of Vineland Avenue and assume responsibility for any associated actions to implement the realignment; that the Metro, Los Angeles Unified School District and the City of Los Angeles resolve concerns about the impact of the Right Of Way realignment on the alley located east of Vineland Avenue; and

5.    the Los Angeles Unified School District (LAUSD) and the Los Angeles Community Redevelopment Agency (CRA), agencies requesting the right-of-way relocation, incorporate appropriate features in the design, construction and operation of planned uses on their respective sites to be compatible with the future transit system.

B.                 authorizing the Chief Executive Officer to enter into agreements with the LAUSD and the CRA for the property exchange and related transactions associated with the right-of-way relocation.

 

52.     YAROSLAVSKY MOTION – that the Metro, as a prominent tenant of 818 W. 7th Street, communicate its concerns to the building owner regarding the treatment of janitors and report back to the Board at the July Board meeting.

 

53.            APPROVE the addition of 25 budgeted positions to the FY03 Budget to perform increased Consent Decree compliance monitoring and reporting.

36.    CLOSED SESSION:

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

1.  Obayashi v. Metro    EC024692

2.  Labor/Community Strategy Center CV 94-5936 TJH

          B.      Potential Litigation (GC 54956.9(b)

                   (One case)

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

Chief Executive Officer

D.       Public Employee Appointment - G.C. 54957:

Appointment of an Acting Inspector General

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

Agency Negotiators:           Roger Snoble and Brenda Diederichs

                   Employee Organizations:   AFSCME, 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

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