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, April 24, 2003 – 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

Inspector General – William Waters

General Counsel - County Counsel

1.           APPROVE Consent Calendar Items:  2, 6, 7, 8, 13, 17, 18**, 19, 20, 26, 33, 35, 37**, 42, and 44

NOTE COMMITTEE AUTHORITY ITEMS:  12, 15, 16, 24, 25, 32, 38, 39, 40, and 41

          **REQUIRES 2/3 VOTE OF THE BOARD

CONSENT CALENDAR

2.                APPROVE Minutes of Regular Board Meeting held March 27, 2003.

6.      PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (3-0):

A.      approving the local scores for the Federal Transit Administration Section 5310 projects and authorize staff to include the applications recommended for funding in the 2003-04 Regional Transportation Improvement Program; and

B.      executing and transmitting the Resolution and scoring recommendations to Caltrans.

7.      PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (3-0) approving a one-time waiver for the City of Redondo Beach of the Metro Pass-Through Grant Program Policy’s restriction on assisting local agencies in obtaining Federal Section 5307 formula funds.

8.      PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (3-0) authorizing the Chief Executive Officer to enter into a Joint Development Agreement (JDA) and, subject to Developer meeting contingencies of the JDA, to enter into Ground Lease, Easement Agreement, and such other agreements necessary to implement the Ground Lease with Wilshire Entertainment Center, LLC (WEC) for the development of approximately 72,700 square feet of Metro-owned property located at the Metro Red Line Wilshire/Western Station.

13.    CONSTRUCTION COMMITTEE RECOMMENDED (3-0) approving a Resolution to permit the prime contractor of the Metro Gold Line Eastside Extension under the CO801 Stations, Trackwork and Systems Design-Build Contract to enter into subcontracts for work without having designated a subcontractor for such work in the original bid.

17.    FINANCE AND BUDGET COMMITTEE RECOMMENDED (3-0) amending the FY03 Budget to appropriate an additional $27.9 million to the Enterprise Fund budget.

18.           FINANCE AND BUDGET COMMITTEE RECOMMENDED (3-0):

A.      awarding a sole source, firm fixed-price contract, No. PS-9240-1367 to Oracle Corporation for the upgrade of the Financial Information System product suite to the Oracle E-business suite for an amount not to exceed $478,344 effective May 1, 2003; and

B.      negotiating and awarding a separate sole source two-year Time and Material contract with Oracle Corporation to provide implementation services to support the upgrade to the E-business suite, for an amount not to exceed $500,000.

19.    FINANCE AND BUDGET COMMITTEE RECOMMENDED (3-0) award of a five-year, labor rate contract, Number PS 04-5110-01 to PricewaterhouseCoopers, LLP (PWC), for the financial audit services of Metro and component units beginning with Fiscal Year ending June 30, 2003, for an amount not to exceed $1,596,367 inclusive of two one-year renewal options.

20.    FINANCE AND BUDGET COMMITTEE RECOMMENDED (3-0) negotiation and award of All Risk Property insurance policy and Boiler and Machinery insurance policy

for all Metro property for a cost not to exceed $6,925,000 for a 12-month period effective May 10, 2003 to May 10, 2004.

26.    EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED (3-0):

A.            delegating to the Chief Executive Officer the authority to approve all amendments to renew annual software and hardware license and maintenance agreements; and

B.      approving revisions to the Metro Procurement Policy Manual.

33.    OPERATIONS COMMITTEE RECOMMENDED (5-0):

A.           approving results of public hearing held on April 1, 2003 concerning FY 2004 Service Change Program for Metro Westside/Central; and

B.      adopting staff’s recommended service adjustments to become effective June 22, 2003 or later.

35.    OPERATIONS COMMITTEE RECOMMENDED (3-0) award of a five-year, fixed-labor rate, task-order contract No. PS 8310-1267, to LTK Engineering Services for rail consulting services for an amount not to exceed $9,017,964, inclusive of

a 5% contingency.

37.    OPERATIONS COMMITTEE RECOMMENDED (3-0) authorizing the Chief Executive Officer to award a firm fixed-price contract under Bid 03-0011 to the lowest responsive, responsible bidders to provide vehicle parts to the Green Line, Gold Line and Red Line for a total price of $578,585, inclusive of sales tax as follows:

A.           Siemens Transportation Systems, Inc., for friction-brake and coupler light rail equipment for a total amount not to exceed $201,566;

B.          WABCO Transit Division, for friction brake and coupler light rail equipment for a total amount not to exceed $377,019;

C.          finding that Metro received one bid each for air comfort system equipment, line items 40 through 42, for heavy rail cars.  Under Public Utilities Code section 130232, the bid has been rejected and the vehicle parts may be purchased at a lower price on the open market; and

D.          authorizing the purchase of air comfort system equipment pursuant to Public Utilities Code section 130233.

 42.    PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (3-0) approval of the following actions to address State Budget impact on Los Angeles County Transportation funding:

A.      adopting working priorities indicating those projects that can be funded based on current fund estimates.  For those Freeway and Call for Projects projects that are deferred, make them the first priority for the next available funding, i.e., federal reauthorization, 2004 State Transportation Improvement Program (STIP), etc.;

B.           adopting the refined project priority setting criteria;

C.           requesting Metro’s Technical Advisory Committee (TAC) to hold a meeting to allow Call for Project sponsors an opportunity to comment on their project(s) prioritization;

D.           approving the State Transportation Improvement Program (STIP) Amendment request;

E.           advancing Metro’s 17% commitment to the Alameda Corridor East (ACE) for Phase 1 and pursuing existing Transportation Congestion Relief Program (TCRP) commitments through the legislative process; and

F.                directing the Chief Executive Officer to continue to develop ways to advance high priority, immediately “ready-to-go” projects using funds from both deobligated and “not ready-to-go” low priority projects.

44.    EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED (3-0) AS AMENDED adoption of the following positions on state legislation:

A.      AB 684 (Dutra) – would require that all smart card systems placed into contract after 2004 be equipped with a specified device to create interoperability of differing smart card technology and that these systems be equipped with this device as the equipment is upgraded or repaired.  Require the establishment of a statewide task force to oversee the development of specifications and software to establish the technological requirements to establish interoperability of varying smart card technologies.  SEEK AMENDMENTS AND WORK WITH AUTHOR  OPPOSE AND WORK WITH AUTHOR

B.      AB 875 (Wyland) – would require, beginning in 2008, all funds generated by the state gas tax and sales tax on gas be apportioned by the California Transportation Commission (CTC) to the county in which those funds were generated and, also require the CTC to program these funds for freeway purposes.  OPPOSE

C.      SB 157 (Bowen) would create the Streamlined Sales and Use Tax Agreement Act in the State of California, create a Board of Governors to represent California at the Agreement meetings and require that implementation of agreements reached by the project shall be done by separate legislation.  SUPPORT

D.      SCA 7 (Murray) – would require that the loan repayment conditions for the State Transportation Fund and Public Transportation Account be applied to any loan that is made from motor vehicle fuel and vehicle-related revenues to any other fund or account in the State.  SUPPORT

APPROVED UNDER COMMITTEE AUTHORITY

12.    APPROVED UNDER CONSTRUCTION COMMITTEE AUTHORITY (4-0) an increase in the Authorization for Expenditure (AFE) to Contract No. C2327, Los Angeles River Bridge Widening at Lankershim Boulevard, with Brutoco Engineering and Construction, Inc. on the Metro Red Line, Segment 3, North Hollywood Extension, to close out the contract and provide funding to allow staff to execute already negotiated changes that are within the Board delegated authority in the amount of $81,724, increasing the total current AFE amount from $6,502,718 to $6,584,442.

15.        FINANCE AND BUDGET COMMITTEE RECEIVED AND FILED report on sales tax revenues for fiscal year 2003.

16.    FINANCE AND BUDGET COMMITTEE RECEIVED AND FILED report on FY04 Metro Operations and Budget Key Performance Indicators.

24.    EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECEIVED AND FILED quarterly report of Management Audit Services.

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

32.    OPERATIONS COMMITTEE RECEIVED AND FILED report on the action plan to improve the rail fleet and station appearance and services to its commuters and approved ANTONOVICH MOTION for monthly update.

38.    APPROVED UNDER OPERATIONS COMMITTEE AUTHORITY (4-0) award of a three-year, firm, fixed-price contract under Bid 03-0005 to Merrimac Energy Group, the lowest responsive, responsible bidder for Lubricants for an amount not to exceed $591,853, inclusive of sales tax and two one-year options.

39.    APPROVED UNDER OPERATIONS COMMITTEE AUTHORITY (4-0) award of a 24-month firm, fixed-price requirement contracts under Bid 07-0202 to the lowest responsive, responsible bidders for bus brake drums for an amount not to exceed $1,993,999, inclusive of sales tax to the following:

A.      Vehicle Maintenance Program for TMC, New Flyer, NABI, Flxible and Neoplan front and rear brake drums for a total contract value of $1,428,155, inclusive of sales tax; and

B.      The KIC Group for New Flyer and Flxible front brake drums for a total contract value of $565,844, inclusive of sales tax.

40.    APPROVED UNDER OPERATIONS COMMITTEE AUTHORITY (4-0):

A.      execution of an indefinite quantity/delivery type, multiple award agreement with Chromatic Lithographers, Dual Graphics, Graphic Press, Pacific Graphics, Pacific Printing, and Peaks & Associates for printing services for a period of three years, effective April 24, 2003, with a cumulative total amount not to exceed $700,000; and

B.      execution of task or contract work orders under these agreements for printing services.

41.    APPROVED UNDER OPERATIONS COMMITTEE AUTHORITY (4-0) award of a firm fixed-price contract under Bid No. 03-0019, to Motorola, Inc. for the acquisition of radio transmission equipment for a firm fixed-price of $389,315.71 inclusive of sales tax.

NON-CONSENT:

3.      Chief Executive Officer’s Report

4.      Chair’s Report

9.      PLANNING AND PROGRAMMING COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION DUE TO CONFLICTS authorizing the Chief Executive Officer to extend the term of the Metro’s Exclusive Negotiation Agreement (ENA) with Urban Partners, LLC (Urban Partners) for the proposed joint development of the Wilshire/Vermont Metro Red Line Station site for an additional 60 days to July 4, 2003.

27.    EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE FORWARDED TO THE FULL BOARD REVISED BERNSON MOTION that the Metro Board amend the Board of Directors Rules and Procedures to provide no more than two opportunities for members of the public to comment during any Metro Board/Committee meeting and Committee Chair has discretion to waive rule.

34.    OPERATIONS COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION PENDING ADDITIONAL DATA IN RESPONSE TO QUESTIONS ASKED ON:

A.      adopting the Pasadena Gold Line and Eastside Extension Light Rail Vehicle Projects 800088 and 800151 Budgets for the value of $191,222,902;

B.               awarding a five-year, firm, fixed-price contract No. P2550, to Ansaldobreda, S.P.A., for the manufacturing and delivery of 50 light rail vehicles (LRV), for an amount of $158,738,671 for the base contract buy, exclusive of two 50-LRV options; and

C.               executing change orders for this procurement in the amount up to $1,000,000 per change order with cumulative change orders not to exceed 10% of the current approved contract value.

36.    OPERATIONS COMMITTEE RECOMMENDED (4-0) APPROVAL AS AMENDED BY DIRECTOR ANTONOVICH TO AUTHORIZE the Chief Executive Officer:

A.      to award a Metro Freeway Service Patrol contract to South Coast Towing of Los Angeles for Beat No. 2, in the amount of $1,281,904 with a contract period of performance from August 1, 2003 through July 31, 2006.

B.      to negotiate and execute 20 19 amendments for the Metro Freeway Service Patrol in an amount not to exceed $4,564,300 $4,309,500, including contingencies, to extend the periods of performance for all Contractors for a duration of up to 10 months.

43.    CONSTRUCTION COMMITTEE RECOMMENDED (3-0) approval of YAROSLAVSKY MOTION that the Metro rename the Metro Rapid Transitway the San Fernando Valley METRO Transitway Rapidway project and take all appropriate steps to reflect this change.

45.    APPROVE negotiation and award of Builder’s Risk and Contractor’s Pollution Liability Insurance policies for the San Fernando Valley Metro Rapidway and San Fernando Valley Bikeway project for an amount not to exceed $1,123,673 for Builder’s Risk and $235,717 for Contractor’s Pollution Liability.

46.           CONSIDER:

A.      receipt and filing of response to BERNSON MOTION that Metro staff study the feasibility of a parking lot observer program based on Washington Metropolitan Area Transit Authority’s (WMATA) Program that assigns individuals who are on workers’ compensation to be observers at parking facilities, key stations and stops throughout the city to monitor and report suspicious activity; and

B.          direct staff to report back with a comprehensive Transitional Duty Safety Patrol Program and implementation plan.

47.    ADOPT the following position on state legislation:

          AB 1720 (Nunez) – would make legislative findings regarding the condition of the Maintenance Employees Health and Welfare Fund (Fund) and require the Metro to transfer State Transit Assistance (STA) funds to the Fund. OPPOSE

28.    CLOSED SESSION:

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

          Keda Studios v. Metro BC241284

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

                  Negotiator:                     Velma Marshall

                  Property Address:                   100 Sunset Avenue

                                                          Venice, CA

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

                  Agency Negotiators:                Roger Snoble and Brenda

                                                                   Diederichs

                  Employee Organizations:        ATU, TCU, UTU 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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