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Regular Board Meeting Agenda*

Location & Date

Metro Board Room, One Gateway Plaza, 3rd Floor, Los Angeles
Thursday, May 26, 2011 9:00 a.m.

Agenda

Call to Order

Directors

Don Knabe, Chair
Antonio Villaraigosa, 1st Vice Chair
Michael Antonovich, 2nd Vice Chair
Diane DuBois
John Fasana
José Huizar
Richard Katz
Gloria Molina
Ara J. Najarian
Pam O'Connor
Mark Ridley-Thomas
Mel Wilson
Zev Yaroslavsky
Michael Miles, non-voting member

Officers

Arthur T. Leahy, Chief Executive Officer
Michele Jackson, Board Secretary
Karen Gorman, Ethics Officer
Karen Gorman, Acting Inspector General
County Counsel, General Counsel

Pledge of Allegiance

Reading of the Agenda

  1. PRESENTATIONS/SET MATTERS

    S-1. Chair’s Report

    S-2. Chief Executive Officer’s Report
    • Presentation on High Speed Rail by Roelof van Ark.

  2. BOARD OF DIRECTORS ITEMS 1-3
    1. RIDLEY-THOMAS MOTION regarding Crenshaw/LAX Transit Corridor: Leimert Park/Vernon Station and Undergrounding Park Mesa Heights. 

      Move that the Metro Board:
      1. Redirect monies to fund the inclusion of a Leimert Park/Vernon Station and undergrounding the segment of the alignment from 48th to 59th Streets within the City of Los Angeles, for the Crenshaw/LAX Transit Corridor.
      2. Consider potential funding sources including, but not limited to, Expo Measure R funds for the “substitute project”, Measure R Green Line to LAX funds, Arbor Vitae interchange project funds and surplus property sales along the alignment.
      3. Amend the Crenshaw/LAX Transit Corridor project to include the Leimert Park/Vernon Station and undergrounding the segment of the alignment from 48th to 59th Streets as a part of the Base Project.
      4. Authorize, if needed, the release of a supplemental Environmental Impact Statement/Environmental Impact Report.

        (CARRIED OVER FROM APRIL BOARD MEETING)
    2. VILLARAIGOSA, DUBOIS AND WILSON MOTION on the Interstate 405 Inter-County HOT Lane Corridor:

      Move that the Board:
      1. Direct the CEO to report on the progress of the OCTA EIR/EIS during the July 2011 Board cycle
      2. Direct the CEO to provide an update on the traffic analysis (previously directed via Board-adopted motion in September 2010) during the July 2011 Board cycle; and
      3. Amend the FY 2012 Budget to add $500,000 from the "General Fund: HOV Fines, FY12 Estimated Ending Fund Balance" (Fiscal Year 2012 Proposed Budget, p.33, line 35; $2.9 million available) to further analyze and begin an environmental review of HOT lanes in Los Angeles County north of the I-405/I-605 (e.g. along the I-105,
        I-405, I-605, and/or surrounding freeways).
    3. VILLARAIGOSA, ANTONOVICH, KNABE, NAJARIAN AND KATZ MOTION on Metrolink System Safety - Doran Street Crossing: 

      Move that the MTA Board:
      1. Program $6.6 million ($6 million + 10% contingency) in available Measure R 3% funds for the Doran Street full intersection safety improvement.
      2. Direct and authorize the CEO and County Counsel to execute funding and implementation agreements with Metrolink, City of Glendale, and/or City of Los Angeles not-to-exceed $6.6 million total.
      3. Direct the CEO and Metrolink to report back with a final budget and implementation schedule.
  1. CONSENT CALENDAR ITEMS 4 THROUGH 15 

    All matters are approved by one motion unless held by a Director for discussion and/or separate action.

    1. APPROVE Minutes of the April 28, 2011 Regular Meeting and May 18, 2011 Special Meeting.

      AD HOC CONGESTION PRICING COMMITTEE

    2. AD HOC CONGESTION PRICING COMMITTEE RECOMMENDED (3-0-1):
      1. receiving and filing the Metro ExpressLanes FasTrak® Transponder Distribution Plan;
      2. authorizing the CEO to execute a trade promotional agreement with the Automobile Club of Southern California (AAA) to advertise the Metro ExpressLanes; and
      3. authorizing the inclusion of retail sales as an element of the Metro ExpressLanes Program in order to increase transponder accessibility.

      CONSTRUCTION COMMITTEE

    3. CONSTRUCTION COMMITTEE RECOMMENDED (4-0) authorizing:
      1. an increase to the Total Contract Value for Contract No. MC069, with Stantec Consulting, Inc. to provide Construction Management Support Servicesfor an amount not to exceed $7,500,000 $16,000,000 for the third year of a five-year contract, from $21,500,000 to $29,000,000 $37,500,000; and
      2. the Chief Executive Officer to execute individual Contract Work Orders and Modifications within the Board approved contract value.
    4. EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED (4-0) adopting a reimbursement resolution that will permit MTA to reimburse itself for capital expenditures paid more than 60 days prior to issuance of debt.
    5. EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED (4-0) adopting the FY12 Proposed Audit Plan.
    6. EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED (4-0) approving the conversion of Metro calendar-based monthly and weekly passes to 30-and 7-day rolling passes.

      OPERATIONS COMMITTEE

    7. OPERATIONS COMMITTEE RECOMMENDED (3-0) authorizing the Chief Executive Officer to award a five-year indefinite delivery, indefinite quantity Contract No. PS10643055 to McAllister Office Pavilion, for space planning/installation services and workstations for an amount not to exceed $5,000,000.
    8. OPERATIONS COMMITTEE RECOMMENDED (3-0) authorizing the Chief Executive Officer to execute Agreement No. MOU.P000CHP16 with the California Highway Patrol to provide field officer and administrative support to the Metro Freeway Service Patrol and Big Rig Service Patrol programsduring FY12 for an amount not to exceed $990,000.
    9. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (5-0) approving the following actions related to the State Route 126/Commerce Center Drive Interchange Improvement Project:
      1. approving an exchange of up to $41 million in federal Surface Transportation Program-Local (STP-L) funds for unrestricted, non- federal funds with County of Los Angeles Department of Public Works (LACDPW);
      2. authorizing the Chief Executive Officer to:
        1. negotiate and execute an exchange agreement with LACDPW for the funds approved herein;
        2. place funds received from LACDPW in an interest-bearing account for pass-through allocations to participating local agencies for STP-L eligible projects, with a two percent (2%) administrative fee that LACMTA would charge; and
        3. negotiate and execute agreements with participating local agencies, so as to ensure that the unrestricted funds being made available are properly administered, used on STP-L eligible projects in a timely fashion, and expended within three years of executing the agreements; and
      3. receiving and filing a status report on the previously Board approved $20.6 million exchange with LACDPW for the Interstate 5/Hasley Canyon Road Interchange Project.
    10. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (5-0):
      1. certifying the Revised Final Environmental Impact Report/Environmental Assessment (FEIR/EA) for the Wilshire BRT Project;
      2. adopting:
        1. Alternative A-1, Truncated Project with Reduced Length Bus Lanes Between Comstock Avenue and Selby Avenue as the Locally Preferred Alternative (LPA);
        2. Mitigation Monitoring and Reporting Program and Findings of Fact and Statement of Overriding Consideration; and
      3. authorizing the Chief Executive Officer to File a Notice of Determination.
    11. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (5-0) authorizing the Chief Executive Officer to award and execute Contract No. PS 4010-2178-11-xx-xx with Cambridge Systematics, Inc, to provide professional services to conduct a feasibility study, the Gateway Cities Council of Governments ITS Implementation Plan for Goods Movement, for an amount not to exceed $2,489,063. Final contract value is subject to the completion of a pre-award audit and corresponding negotiation currently underway. In the event an agreement cannot be reached with the recommended proposer, staff will proceed to the next highest evaluated proposer.
    12. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (5-0):
      1. approving $1.474 billion in FY 2012 Transit Fund Allocations for Los Angeles County jurisdictions, transit operators and Metro operations. These allocations comply with federal and state regulations and MTA Board policies and guidelines.
        1. $56.5 million in Planning and Administrative allocations of Transportation Development Act, Proposition A, Proposition C and Measure R.
        2. $1.028 billion in Bus Transit Subsidies.
        3. $0.389 billion in Population Based Allocations and Proposition A Incentive Programs.
      2. authorizing the Chief Executive Officer to adjust FY2012 Federal Section 5307 allocations upon receipt of final apportionment from the Federal Transit Authority;
      3. approving fund exchange of Santa Monica’s Blue Bus for FY2012 Federal Section 5307 formula share allocation with Metro’s TDA Article 4 revenues. The estimated amount is $8.9M annually which will be disbursed in FY2013;
      4. approving $600K fund exchange of Long Beach Transit’s FY 2012 Federal Section 5307 allocation for Southern California Regional Transit Training Consortium training program with Metro’s TDA Article 4 revenues;
      5. adopting a resolution designating TDA and STA fund allocation compliance to the terms and conditions of the allocation; and
      6. upon approval, authorizing the Chief Executive Officer to negotiate and execute all necessary agreements to implement the above funding programs.

  2. DISCUSSION ITEMS 16 THROUGH 24

    1. FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION FROM THE MAY 18, 2011 SPECIAL BOARD MEETING:
      1. adopting the proposed FY12 budget as presented in the budget document (provided as a separate transmittal);
      2. approving the total budgeted salaries and benefits for each union/non-contract group as required by the Position Authorization and Compensation policy;
      3. approving the life-of-project budget for all new capital projects as presented in the proposed budget document including 16 new projects with a life-of-project budget over $5.0 million;
      4. approving the amendments to increase expenditures for requests submitted subsequent to preparation of the FY12 proposed budget revised; and
      5. approving the Reimbursement Resolution declaring Metro’s intention to issue debt in FY12 for capital projects. Debt issuance will require separate Board approval.
    2. EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED APPROVAL (4-0) AND MEASURE R PROJECT DELIVERY COMMMITTEE RECOMMENDED APPROVAL (4-0) AS AMENDED adopting the Fiscal Responsibility Policy for Measure R Capital Project Contingency Funds, summarized as follows: 
      1. projects with Measure R savings at project close-out must first apply such savings to reimbursing the Contingency Funds in the Measure R Expenditure Plan for any debt service (excluding principal) that were used for the project;
      2. projects that are accelerated relative to their Long Range Transportation Plan (LRTP) schedule must include that portion of debt service (excluding principal) that was necessary to support cash flow needs in advance of the LRTP-planned cash flow needs; and
      3. sales tax forecast revisions for the Transit and Highway Sub-Funds within Measure R will be met by revising the available Capital Project Contingency Funds, and not by revising the Measure R project minimum amounts.; and
      4. Measure R debt service (excluding principal) to be repaid from the Contingency Funds may not exceed the levels forecasted to be necessary in the LRTP.

        Villaraigosa and Katz Amendment that the Committee:

        1. Recommend approval of board report recommendations "A-C"
        2. Recommend deletion of board report recommendation "D"
        3. Request CEO to propose alternative language to recommendation "D" at the May 26, 2011 Board meeting that allows for 30/10, America Fast Forward, and similar financing -- which may involve issuing debt and/or taking out loans greater than contemplated in the 2009 Long Range Transportation Plan -- so long as projects stay within their Board-approved funding levels, and so long as they do not adversely impact second and third decade projects.

    3. EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED APPROVAL (3-0-1):
      1. adopting a resolution authorizing the replacement of expiring liquidity facilities for the Prop A 2008 bonds;
      2. authorizing the CEO to finalize negotiations with the proposing banks short-listed in Attachment B of the Board report and enter into any combination of agreements as provided for in the resolution having a combined estimated cost for fees and spread of $6 million or less for the three year terms of the agreements; and
      3. authorizing the CEO to negotiate with each successively ranked proposer from the list provided in Attachment B of the Board report if unable to reach agreement with one or more of the recommended proposers.

        (REQUIRES SEPARATE, SIMPLE MAJORITY BOARD VOTE)

    4. EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED APPROVAL (4-0) AS AMENDED the temporary roll-back of the regular Day Pass from $6 to $5 for a period of nine months one year and return to the Board in six months with a report.

      (REQUIRES TWO-THIRDS VOTE PURSUANT TO PUBLIC UTILITIES CODE SECTION 30638 (a)).

    5. EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION adopting the following position on State Legislation:

      AB 845 (Ma) – Which codifies a portion of the California Transportation Commission (CTC) High-Speed Passenger Train Bond Program Guidelines. SUPPORT

    6. OPERATIONS COMMITTEE FORWARDED TO THE BOARD WITHOUT RECOMMENDATION DUE TO CONFLICT AND ABSENCES rejecting all bids received in response to IFB PS11064106, canceling the procurement, and issuing a new IFB for Integrated Waste Management Services.

    7. Approve the sale of the MTA’s equity share in David Solow’s residence for the amount of approximately $141,000. 

    8. AUTHORIZE the Chief Executive Officer to award a five year, firm fixed unit rate Contract No. OP85102554 to Mitsubishi Electric & Electronics USA, Inc. for Metro transit facilities elevator and escalator maintenance and repair services, for an amount not to exceed $44,377,356 inclusive of two one-year options, effective June 1, 2011.

    9. APPROVE the following nominee for membership on the San Fernando Valley Service Council:

      Maribel De La Torre - New appointment to fill unexpired position held by Steve Veres. Nominated by City of San Fernando. Term Ending: June 30, 2014

  3. MISCELLANEOUS

    1. Additions to the agenda which were posted more than 72 hours in advance of the meeting, as indicated on the supplemental agenda.
    2. 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 Committee or 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 Committee subsequent to the posting of the agenda.
    3. Opportunity for members of the public to address the Board on items of interest that are within the subject matter jurisdiction of the Board.

  4. CLOSED SESSION

    CS-1. Personnel Matters - G.C. 54957:
    Public Employee Appointment
    Consider appointment of Inspector General

    CS-2. Conference with Legal Counsel - Pending Litigation – G.C. 54956.9(a):
    Donald Barrett v. L.A.C.M.T.A., Case No. SC107496
    Janice Marvel v. L.A.C.M.T.A., Case No. BC437352
    L.A.C.M.T.A. v. Amrat Patel, et al., Case No. BC459031

    CS-3. Conference with Legal Counsel - Anticipated Litigation – G.C. 54956.9(b):
    Significant Exposure to Litigation (one case)

    CS-4. Conference with Labor Negotiator - G.C. 54957.6:
    Agency Representative: Richard Hunt and designated staff
    Employee Organizations: ATU, UTU, TCU, Teamsters

ADJOURNMENT


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