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Regular Board Meeting Agenda*

Location & Date

Metro Board Room, One Gateway Plaza, 3rd Floor, Los Angeles
Thursday, June 28, 2012 9:15 a.m.

Agenda

Call to Order

Directors

Antonio Villaraigosa, Chair
Michael Antonovich, 1st Vice Chair
Diane DuBois, 2nd Vice Chair
John Fasana
José Huizar
Richard Katz
Don Knabe
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

SUMMARY OF AGENDA ITEMS
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY

REGULAR BOARD MEETING
THURSDAY, jUNE 28, 2012

 

CONSENT CALENDAR ITEMS

 

NON-CONSENT ITEMS

 

CLOSED SESSION

2

3

85

8

4

 

10

4.1

 

11

5

 

19

6

 

20

7

 

21

7.1

 

22

18

 

34

23

 

43

24

 

44

35

 

45**

58

 

46

59

 

47

60

 

67

66

 

 

68

 

 

71

 

 

72

 

 

73

 

 

74

 

 

75

 

 

76

 

 

77

 

 

78

 

 

79

 

 

80

 

 

81

 

 

82

 

 

83

 

 

84

 

**requires 2/3 vote

 

1. APPROVE Consent Calendar Items:  2,  8, 10, 11, 19, 20, 21, 22, 34, 43, 44, 45**, 46, 47 and 67.

**Requires 2/3 vote.

CONSENT CALENDAR

2. APPROVE Minutes of Regular Board Meeting and Special Board Meeting held May 24, 2012.

8. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (3-1)
approving the reprogramming of $61.6 million in project savings from the Metro Orange Line Canoga Extension to the East San Fernando Valley North/South project and other related actions, to ensure the timely use of Proposition 1B State and Local Partnership Program funds.

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

  1. adding the Venice Metro Rapid to the Metro Rapid Expansion Program; and
  2. allowing existing Metro Rapid Expansion Program funds to be used for capital improvements.

11. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0):
authorizing the Chief Executive Officer to:

  1. award a firm fixed price Architectural & Engineering task order under Contract No. PS4010-2540 Highway Programs Planning & Deliverables Bench Contract to Axiom Engineering & Science Corporation (Axiom) in the amount of $387,120 for professional services to provide project management and quality control for the Central and North I-710 Utility Relocation Studies contracts;
  2. execute individual contract modifications as required, but not to exceed a cumulative total of up to 15% of the contract value, to cover the cost of any unforeseen issues that may arise during the performance of the contract; and
  3. increase Task Orders under the individual Highway Bench Contracts from $250,000 up to $500,000 per contract.

19. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (5-0):

  1. approving the Southern California Regional Rail Authority (SCRRA) FY 2012-13 Budget, and the Los Angeles County Metropolitan Transportation Authority's (LACMTA) FY 2012-13 Commuter Rail Program contribution of $63,935,488, consisting of $46,134,700 for Operations; $15,712,300 for Rehabilitation and Renovation; and $2,088,488 for Right-of-Way (ROW) Security; and approving the programming of funds for SCRRA as follows:
    1. $54,088,488 in new Proposition C 10% funding for Operations, Rehabilitation/Renovation and Right-of-Way Security for FY 2012-13;
    2. $9,847,000 in Measure R 3% prior year carryover funds, for the Rehabilitation and Renovation program for FY 2012-13;
  2. approving $4,100,000 as LACMTA's first payment towards OCTA's rehabilitation and renovation program, as consideration for the Rotem rolling stock acquisition;
  3. amending the LACMTA FY 2012-13 Budget, adopted in May 2012, to reflect the programming actions in Recommendations A and B; 
  4. extending the lapsing date one year, from June 30, 2012 to June 30, 2013, for $4,944,092 in FY 2009-10 Proposition C 10% funds previously allocated to SCRRA for the FY 2009-10 Rehabilitation/Renovation Program;
  5. approving the reprogramming of $261,633 in project savings from the Lang Siding project, to the Broadway/Brazil grade crossing improvement project;
  6. approving for FY 2012-13, the revised Transfers to Other Operators payment rate of $1.10 per boarding to LACMTA; and
  7. authorizing the Chief Executive Officer or his designee to negotiate and execute all necessary agreements between LACMTA and the SCRRA for the approved funding.

20. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (5-0):

  1. approving $1.521 billion in FY2013 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. $59.9 million in Planning and Administrative allocations of Transportation Development Act, Proposition A, Proposition C and Measure R;
    2. $1.055 billion in Bus Transit Subsidies;
    3. $12.2 million in Proposition A Incentive Programs;
    4. $393.6 million in Proposition A Local Return, Proposition C Local Return, Measure R Local Return, Transportation Development Act Article 3 (Pedestrian and Bikeways) including a one-time supplemental allocation of $2.5 million from unallocated fund reserves, and Transportation Development Act Article 8 (Street and Highways);
  2. authorizing the Chief Executive Officer to adjust FY2013 Federal Section 5307 allocations upon receipt of final apportionment from the Federal Transit Authority and amend FY2013 budget as necessary to reflect the aforementioned adjustment;
  3. approving fund exchange in the amount of $9.5M of Santa Monica's Blue Bus' FY2013 Federal Section 5307 formula share allocation with Metro's TDA Article 4 revenues, to be adjusted upon receipt of final apportionment and wilI be disbursed in FY2014;
  4. adopting a resolution designating TDA and STA fund allocation compliance to the terms and conditions of the allocation; and
  5. upon approval, authorizing the Chief Executive Officer to negotiate and execute all necessary agreements to implement the above funding programs.

21. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (5-0):

  1. adopting findings and recommendations for using FY 2012-13 Transportation Development Act (TDA) Article 8 funds estimated at $18,449,643 as follows:
    1. In the City of Avalon there are unmet transit needs that are reasonable to meet, and the City of Avalon chooses to use $106,643 of their Article 8 funds for their transit services; therefore, TDA Article 8 funds will be used to meet the unmet transit needs;
    2. In the Antelope Valley, which includes the Cities of Lancaster and Palmdale, and in the Los Angeles County Unincorporated areas of the Antelope Valley, transit needs are met using other funding sources, such as Proposition A and Proposition C Local Return; therefore, their transit needs can be met with other funding sources. Hence, TDA Article 8 funds in the amount of $4,371,055 and $4,573,225 (Lancaster and Palmdale, respectively), may be used for street and road purposes and/or transit;
    3. In the Santa Clarita Valley, which includes the City of Santa Clarita and the Los Angeles County unincorporated areas of the Santa Clarita Valley, transit needs are met with other funding sources, such as Proposition A and Proposition C Local Return, and TDA Article 8 funds in the amount of $5,322,904 for the City of Santa Clarita may be used for street and road and/or transit purposes, as long as their transit needs continue to be met;
    4. In the Los Angeles County Unincorporated areas of North County, the areas encompass both the Antelope Valley and the Santa Clarita Valley, the allocation is $4,075,816 and may be used for street and road purposes and/or transit; and
  2. adopting a resolution making a determination of unmet public transportation needs in the areas of Los Angeles County outside the Metro service area.

22. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (5-0):

  1. establishing a new Proposition C Capital Reserve Account for the City of Bell for their Florence/Bear Video Detection and Traffic Signal Improvements project in the amount of $91,158;
  2. amending the existing Proposition C Capital Reserve Accounts for 1.) the City of Bell to change the street rehabilitation project to add the intersection rehabilitation project which also includes improvements to Slauson Bridge, this request changes the original amount to add an additional $173,000 $273,000 for a total of $273,000 $373,000; 2.) the City of Redondo Beach to add an additional $1 million for a total of $1,650,000 to the existing Reserve Account; and
  3. authorizing the Chief Executive Officer to negotiate and execute all necessary agreements between Los Angeles County Metropolitan Transportation Authority (LACMTA) and the Cities for their Capital Reserve Accounts as approved.

34. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (5-0) authorizing the Chief Executive Officer to execute Contract Modification No. 9 to Contract No. OP30101812 with Agreement Dynamics, Inc. to provide interest-based problem solving training consulting services for the amount not to exceed $150,000 through June 30, 2013, increasing the Total Contract Value from $877,944 to $1,027,944.

43. CONSTRUCTION COMMITTEE RECOMMENDED (3-0) approving the following actions related to the I-405 Sepulveda Pass Improvements Project:

  1. authorizing the Chief Executive Officer to issue and negotiate Change Order No. 55 to Contract No. C0882, with Kiewit Infrastructure West Company, for construction of redesigned work at Bridges 10 and 11 and the right-turn lane from southbound Sepulveda Boulevard to westbound Wilshire Boulevard, for an amount not to exceed $3,612,000, increasing the Total Contract Value from $794,975,625 to $798,587,625; and 
  2. approving an increase of $3,612,000 to the Contract No. C0882 Change Modification Authority (CMA), from $93,450,700 to $97,062,700, with no change to the Project 405523 Life of Project (LOP) budget.

44. CONSTRUCTION COMMITTEE RECOMMENDED (3-0) 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 $15,440,000 for the fourth year of a five year contract, from $37,500,000 to $52,940,000; and
  2. the Chief Executive Officer to execute individual Contract Work Orders and Modifications within the Board approved contract value.

45. CONSTRUCTION COMMITTEE RECOMMENDED (3-0):

  1. authorizing a Life of Project budget increase for project 809082, Metro Red Line Segment 3 Close-out, from $4,139,000 to $23,139,000, an increase of $19,000,000 to:
    1. complete concurrently the documentation required by the FTA for Metro Red Line Segment 3 Close-out; and prepare the Advanced Conceptual design;
    2. construct the Universal City Station Pedestrian Bridge, including without limitation, Advanced Conceptual design, final design, construction costs, construction management, insurance, contingency, 3rd party, City and County coordination and Agency costs;
  2. amending the FY13 budget to add $771,000 in project 809082, Metro Red Line Segment 3 Close-out project for recommendation A;
  3. authorizing the Chief Executive Officer to negotiate and execute a Contract Modification to Contract PS-8510-2539, with Rios Clementi Hale Studios for the amount not to exceed $550,842 to perform Preliminary Engineering design services, increasing the total Contract Value from $124,158 to $675,000; and
  4. authorizing the Chief Executive Officer to solicit and award Design-Build contracts for the Universal City Pedestrian Bridge pursuant to Public Utilities Code section 130242(a), (c), (d) and (e).

    The above recommendation is subject to approval by the Board of a settlement agreement between MTA and Universal.

    (REQUIRES 2/3 VOTE OF THE BOARD)

46. CONSTRUCTION COMMITTEE RECOMMENDED (3-0):

  1. authorizing the Chief Executive Officer to negotiate and execute a five-year labor-hour Contract No. EN078, to AECOM Technical Services, Inc. for Environmental Compliance Services on Task Orders, inclusive of two one-year options with an initial amount not-to-exceed $10,525,000;
  2. authorizing the Chief Executive Officer to execute individual Task Orders and changes within the Board approved contract amount; and
  3. delegating to the Chief Executive Officer, should staff be unable to conclude negotiations with AECOM Technical Services, Inc., the authority to negotiate with the next most qualified proposer.

47. CONSTRUCTION COMMITTEE RECOMMENDED (3-0):

  1. acknowledging the cost estimate increase for construction of the Eastern Operation and Maintenance (O&M) Facility by $12,000,000 to a new total of $276,583,167;
  2. establishing a Life of Project (LOP) budget of the Eastern O&M Facility for Metro's 75% share under Project 800200 of $207,437,375 that includes the $9,000,000 cost increase above the prior reported estimate;
  3. increasing LOP budget for Foothill Extension Phase 2A by $6 million for a new total of $741 million to meet Metro's Contingency Policy;
  4. amending the Funding Agreement to incorporate the changes noted above; and
  5. modifying punch list and warranty language in Master Cooperative Agreement (MCA) for consistency with the Exposition Metro Line Construction Authority MCA.

67. SYSTEM SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (3-0) approving the following nominees for membership on the San Fernando Valley Service Council, Westside/Central Service Council,  South Bay Service Council, and Gateway Cities Service Council:

  1. Dina Garcia, San Fernando Valley Service Council, New Appointment
    Nominated by:  Mayor Antonio R. Villaraigosa
    Term Ending: June 30, 2015
  2. George Taule, Westside/Central Service Council, New Appointment
    Nominated by: Mayor Antonio R. Villaraigosa
    Term Ending: June 30, 2015
  3. Don Szerlip, South Bay Service Council, Re-Appointment
    Nominated by:  South Bay Cities Council of Governments
    Term Ending: June 30, 2015
  4. Rena Kambura, South Bay Service Council, Re-Appointment
    Nominated by:  South Bay Cities Council of Governments
    Term Ending: June 30, 2015
  5. John Addleman, South Bay Service Council, Re-Appointment
    Nominated by:  South Bay Cities Council of Governments
    Term Ending: June 30, 2015 
  6. Jo Ann Eros Delgado, Gateway Cities Service Council,
    Re-Appointment
    Nominated by:  Gateway Cities Council of Governments
    Term Ending:  June 30, 2015
  7. Richard Burnett, Gateway Cities Service Council,                       
    Re-Appointment
    Nominated by:  Gateway Cities Council of Governments
    Term Ending:  June 30, 2015
  8. Wally Shidler, Gateway Cities Service Council, Re-Appointment
    Nominated by:  Gateway Cities Council of Governments
    Term Ending:  June 30, 2015
  9. Elliott Petty, Westside/Central Service Council,
    Re-Appointment

    Nominated by:  Supervisor Mark Ridley-Thomas
    Term Ending:  June 30, 2015

**END OF CONSENT CALENDAR**

NON-CONSENT

3. Chair’s Report.

  •  Election of Board Officers

4. Chief Executive Officer’s Report.

  •  Resolution regarding Operator Alan Theodore Thomas.
  • Presentation to outgoing MTA Chair Antonio Villaraigosa. 
  • Commendation from Director Wilson to Hitesh Patel, Deputy Executive Officer, Project Management, and Orange Line staff members.

    4.1     RECEIVE oral presentation by Hasan Ikhrata, Executive Director of SCAG, on Impacts of the 2016-2035 Regional Transportation Plan/Sustainable Communities Strategy in Los Angeles County.

    5. PLANNING AND PROGRAMMING COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION:
    1. authorizing the Chief Executive Officer (CEO) to execute a firm fixed price Contract No. PS4330-2863 for the Union Station Master Plan with Gruen Associates for an amount not to exceed $4,150,000;
    2. establishing Contract Modification Authority of 15% of the not-to-exceed contract award value and authorizing the CEO to execute individual Contract Modifications within and up to the Board approved Contract Modification Authority;
    3. delegating to the CEO, should staff be unable to conclude negotiations with Gruen Associates, the authority to negotiate and execute a contract with the next most qualified proposer; and
    4. increasing the Proposed FY13 budget by adding $990,000 in Cost Center 4520, in Countywide Planning Project 405557 Union Station Transportation Master Planning.
    6. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (3-0):
    1. approving the award recommendations totaling $19,246,743 in federal Job Access and Reverse Commute (JARC) and $4,127,185 in federal New Freedom (NF) funds;
    2. amending the fiscal year (FY) 2013 Budget to add the necessary revenues and expenses for the projects recommended for funding awards per Action A, once the Federal Transit Administration (FTA) awards JARC and NF grant funds;
    3. authorizing the Chief Executive Officer or his designee to negotiate and execute pass-through agreements with agencies approved for funding award recommendations per Action A once the FTA awards JARC and NF grant funds; and
    4. certifying that there has been a fair and equitable distribution of federal JARC and NF funds resulting from a competitive selection process and that projects recommended for funding awards per Action A were derived from our region's Coordinated Public Transit-Human Services Transportation Plan that the Board of Directors approved in January 2008.
    7. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0) AS AMENDED:
    1. awarding $1,000,000 in Transit Oriented Development Grants to the five recommended jurisdictions;
    2. authorizing the Chief Executive Officer to execute Grant Agreements for the funds; and
    3. approving the revised Lapsing Policy, for Rounds 2 and 3.

    O’CONNOR/KNABE AMENDMENT
    that the MTA Board of Directors direct the CEO to include the entire Green Line corridor as an eligible corridor in Round 3 of the TOD Planning Grant.

    DUBOIS AMENDMENT to the existing administrative guidelines:
    Metro staff may negotiate grant reimbursements from quarterly schedule to a bi-monthly schedule in order to assist grantee jurisdictions with cash- flow issues.
    1. First priority will be for funding proposals that will result in eliminating
      regulatory constraints to TOD projects. Such regulatory changes will
      result in conditions that encourage development near transit stations, provide for appropriate density given the immediate access to transit, reduce dependency on the private automobile and provide for strong pedestrian and bicycle connections between development sites and transit. While adoption of a Transit Village Development District [Government Code 65460] is only one method of achieving the regulatory changes desired under this grant program, proposals may seek to emulate major portions of the objectives stated in Government Code 65460; and
    2. Second priority will be given to funding proposals that include planning at or near station locations that may be a precursor to regulatory change, including, but not limited to: traffic modeling, density studies and financial feasibility of various development forms. Funding of such projects will only be considered if available funds remain after qualified first priority projects are funded.
    1. the Chief Executive Officer and other Authorized Officers to negotiate and execute the agreements between the Crenshaw Project Corporation ("CPC") and the U.S. Department of Transportation ("USDOT"), related to the CPC entering into the $546 million Transportation Infrastructure Finance and Innovation Act ("TIFIA") loan for the Crenshaw/LAX Transit Corridor Project; and
    2. execution of documents and agreements with the USDOT for a TIGER II Discretionary Grant that will fund the $20 million credit charge on the loan.
    1. evaluate the organizational structure of MTA;  
    2. identify potential duplication of effort;  
    3. evaluate non contract employee titles commensurate with duties, salary and MTA tenure; and
    4. review span of control and the flattening of the agency;
    5. evaluate compensation inequities or disparities between new recruits  and seasoned employees; and
    6. establish criteria to compensate long-term valued employees who retain the knowledqe and abilitv to build and train future emplovees in order to promote proper succession planning for the Agency.
    1. a comprehensive evaluation of non contract FTEs, including recommendations for addressing the MTA organizational structure, specifically duplication of efforts, silos, salary and title structure and flattening; and
    2. a comprehensive evaluation, including recommendations for addressing the MTA organizational structure, including specifically duplication of efforts, silos, salary, resolving compensation inequities and title structure and flattening; and
    3. b)  provide a sound business-oriented Organizational Efficiency Plan.
    1. adopting the Ordinance, including Expenditure Plan and Ballot Language;
    2. adopting the Resolution requesting the Los Angeles County Board of Supervisors to place the Ordinance on the ballot for the November 6, 2012 countywide general election; and
    3. amending the FY13 budget to add $10 million to fund election costs and public information.
    1. the Chief Executive Officer to negotiate and execute a Contract Modification No. 92 to Contract OP-02-4610-10 with Cubic Transportation Systems, Inc. ("CTS") for Universal Fare System maintenance, for up to twelve months, July 1, 2012, to June 30, 2012 2013, for an amount not to exceed $9,000,000, increasing the total contract value from $160,416,339 to $169,416,339; and
    2. additional contract modification authority in the amount of $1,000,000 in the event of unanticipated changes.
    1. staff's report on the results of the Red Light Photo Enforcement program evaluation as a basis for continuing the program under the current contracts which expire June 30, 2013, pending the outcome of proposed legislation by the end of the current calendar year; and
    2. receiving an update on the status of the alternative engineering countermeasures being implemented on the Metro Gold Line and an update on pending legislation as described in staff's August 11, 2011, and January 19, 2012 reports.
    1. returning to the Board, under Contract No. PS33201664 with ACS State and Local Solutions, delegated authority of $24,182,212 for two options that will not be exercised (Option Period 1 and Option Period 2);
    2. authorizing the Chief Executive Officer to execute modification No. 12 to Contract No. PS33201664 with ACS State and Local Solutions (ACS) to provide Regional TAP Service Center services for a period of twenty-four eighteen months from July 1, 2011 to December 31, 2012. Plus an additional six-months from January 1, 2013 to June 30, 2013 on a month-to-month basis as necessary, in the firm, fixed price of $14,200,896 based on a firm monthly fee of $591,704, increasing the Total Contract Value from $32,169,028 to $46,369,924;
    3. increasing Contract Modification Authority specific to Contract No. PS33201664 with ACS State and Local Solutions for funding pending changes in the amount of $500,000; and
    4. ratifying expenditures of $7,100,448 incurred to maintain TAP Service Center services from July 1, 2011 to June 30, 2012.
    1. adopting a resolution authorizing the:
      1. Issuance of bonds by competitive bond sale to refund the Prop C 2009-C Bonds and the Prop C 1999-A Bonds and approving the Notice of Intention to Sell Bonds, and Notice Inviting Bids, and
      2. Replacement of the expiring liquidity facilities for the Prop C 2009-C Bonds.
    2. authorizing CEO to finalize negotiations with the proposing banks short-listed and enter into any combination of agreements as provided for in the resolution for three year terms or less; and
    3. authorizing the CEO to negotiate with each successively ranked proposing bank from the lists if unable to reach agreement with one or more of the recommended proposers.
      (Requires separate, simple majority Board vote.)
    1. Modification No. 7 to Contract No. OP33202167 with Vehicle Technical Consultants to provide bus inspection services for the manufacturing process in Kaposvar, Hungary for a period of fifteen months in the amount not-to-exceed of $62,692 increasing the Total Contract Value from $249,999 to $312,691; and
    2. Modification No. 6 to Contract No. OP33202168 with Vehicle Technical Consultants to provide bus inspection services for final assembly in Anniston, Alabama for a period of fifteen months in the amount not-to-exceed of $58,769 increasing the Total Contract Value from $232,553 to $291,322.

      (CARRIED OVER FROM MAY BOARD MEETING)
    1. John R. Harrington, San Gabriel Valley Service Council
      Nominated by: The City of San Gabriel
      Term Ending: June 30, 2015
    2. Mayor Pro Tem Juventino “J” Gomez, San Gabriel Valley Service Council      
      Nominated by:  The City of El Monte
      Term Ending: June 30, 2015
      (CARRIED OVER FROM MAY BOARD MEETING)
    1. Clarify that the State Route 138 Capacity Enhancement Subfund is
      also considered a subregional “equity” fund similar to the:
      1. Highway Operational Improvement projects for the Arroyo Verdugo and Las Vìrgenes/Malibu Subregions;
      2. Ramp and Interchange Improvements for the I-405, I-110, I-105, and SR-91 in the South Bay; and
      3. I-605 Corridor “Hot Spots” Interchanges, BNSF and I-710 South and/or Early Action projects in the Gateway Cities.
    2. Direct the CEO to apply to the State Route 138 Capacity Enhancement Subfund the same principles discussed in the “Measure R Regional Funds ‘Alignment’ Motion Additional Information” dated February 3, 2012, specifically declaring this Subfund eligible as a source of local match for future Call for Projects applications;
    3. Direct the CEO to send a letter to the County of Los Angeles and the Cities of Lancaster and Palmdale outlining the content of these actions and their implications for future Call for Projects applications; and
    4. Direct the CEO to work with the City of Santa Clarita and the County of Los Angeles to determine a similar source of “equity” funds available for local match for Santa Clarita Valley Call for Projects applications, and report back to the Board in 60 days on these efforts. 
    1. CLOSED SESSION:
      1. Conference with Legal Counsel – Pending Litigation – G.C. 54956.9(a):
        1. Kyung Sook Choi v. LACMTA, LASC Case No. BC461727
        2. Gabriel Ogundele v. LAMTA, LASC Case No. BC460756
        3. Maria Cumplido v. LACMTA, LASC Case No. BC463822
        4. Josefina Torres v. LACMTA, LASC Case No. BC442286             
      2. Conference with Legal Counsel – Anticipated Litigation – G.C. 54956.9(b):
        Significant exposure to litigation (one case)
      3. Conference with Labor Negotiator – G.C. 54957.6:
        Agency Representative:  Richard Hunt
        Employee Organizations: ATU, TCU, Teamsters, and AFSCME
      4. Public Employee Performance Evaluation – G.C. 54957: Chief Executive Officer
    • developing and review of all TAP-related change orders, contracts and charges against the TAP budget since inception, creating a TAP universe to include consultant and MTA staff, with a plan to identify tasks that can be performed in-house and a transition plan to reduce and phase out non- specialized ongoing tasks currently being performed by consultant services;
    • report on duplication of effort and redundancy by consultants and MTA staff;
    • conduct an analysis of expenditure by consultants including type of work for the last three years;
    • evaluate TAP organizational structure and methods to integrate into various MTA departments based on function; and
    • provide cost/benefit analysis on monies expended versus regional success.

      Further move that a preliminary report come back to the Executive Management Committee and the MTA Board in October 2012.
  • 7.1     RIDLEY-THOMAS AMENDEMENTthat the MTA Board of Directors direct the CEO to employ the priorities and guidelines established in the Round 1 TOD grant program to govern the award of Round 3. These priorities are as follows:
    Funding Priorities

    18. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (5-0) AS AMENDED adopting the FY13 Proposed Audit Plan.

    MOLINA AMENDMENT to add audits of Expo Phase I and begin the audit of Expo Phase II.

    23. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (5-0): adopting a resolution, authorizing:

    (REQUIRES SEPARATE, SIMPLE MAJORITY BOARD VOTE)

    24. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (4-0) approving REVISED ANTONOVICH, NAJARIAN, AND RIDLEY-THOMAS AND WILSON MOTION that the MTA's Inspector General retain a consultant, funding to be determined, to:

    Further move that MTA’s consultant report back to the Executive Management Committee and the full Board in November 2012 with: 35. EXECUTIVE MANAGEMENT COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION approving the following actions related to the Measure R Extension:

    58. SYSTEM SAFETY AND OPERATIONS COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION authorizing the Chief Executive Officer to award a firm fixed unit price contract for Light Emitting Diode (LED) light fixtures for the next three years under Request for Proposal No. OP39602864 to Alternative Consumption Technologies, Inc. (ACT) doing business as Go Green Solutions. The firm will supply tunnel lighting fixtures and replacement lenses for the existing 5,000 fixtures, and associated equipment, and 200 spare units, for the total contract amount of $2,233,574, inclusive of delivery and sales taxes.

    59. SYSTEM SAFETY AND OPERATIONS COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION approving the initial program strategy designed to improve the distribution of freeway and other related traveler and public information in a customer-friendly, safe, comprehensive and efficient manner.

    60. SYSTEM SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (3-0) authorizing approval of recommendation A only: 66. SYSTEM SAFETY AND OPERATIONS COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION: 68. SYSTEM SAFETY AND OPERATIONS COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION: 71. ANTONOVICH, NAJARIAN AND HUIZAR MOTION that the MTA Board direct the Inspector General to conduct a comprehensive audit, funding to be determined, of the TAP program including but not limited to:

    72. WILSON AND MOLINA MOTION:                                                                                    Currently, MTA is working to construct many highway and transit capital projects. Due to the challenges associated to each of these projects, some have either exceeded or are close to expending all of its respective contingency funds and schedules.
    We therefore move to direct the CEO to analyze and report back to the Finance, Budget and Audit Committee and Construction Committee in September 2012, on establishing a goal of retaining 3% of contingency fund associated to each of the project's life of budget.

    73. RECEIVE oral report on discussions with DesertXpress for purposes of coordinating project interfaces and data sharing regarding the High Desert Corridor Multimodal Corridor Environmental document.

    74. RECEIVE report on System Safety.

    75. RECEIVE civil rights compliance update.

    76. ADOPT staff recommended position on Federal Legislation:
    H.R. 5976 (Waters) – Would provide a $1 billion emergency supplemental appropriation for the Transportation Investment Generating Economic Recovery (TIGER) Program over the next two years.

    77.ADOPT staff recommended position on State Legislation:
    AB 1446 (Feuer) – Would remove the sunset date in Measure R and authorize an extension to be placed on the ballot. SUPPORT
    (CARRIED OVER FROM MAY BOARD MEETING)

    78. CONSIDER:

    (CARRIED OVER FROM MAY BOARD MEETING)

    79. AUTHORIZE the Chief Executive Officer to execute Modification No. 7 (Option 1) to Contract No. PS2610LASD with the County of Los Angeles Sheriff's Department to provide law enforcement services for the period covering July 1, 2012 through June 30, 2013 in the amount not-to-exceed $80,622,796, an increase of $1,781,056 over the current fiscal year.

    (CARRIED OVER FROM MAY BOARD MEETING)

    80. AUTHORIZE the Chief Executive Officer to award a firm fixed price contract under Bid No. OP39602869 to Balfour Beatty Rail Inc., the lowest responsive and responsible bidder for 18 Traction Power Substations for an amount not to exceed $19,176,024.01 inclusive of sales tax and storage fees.

    (CARRIED OVER FROM MAY BOARD MEETING)

    81. AUTHORIZE the Chief Executive Officer to execute:

    82. AUTHORIZE the Chief Executive Officer to award a firm fixed price unit rate contract under Bid No. 12-0002 to Pamco Machine Works, the lowest responsive and responsible bidder, for the overhaul of 216 Siemens P2000 light rail vehicle powered axle assemblies for an amount not to exceed $4,234,557.

    (CARRIED OVER FROM MAY BOARD MEETING)

    83. APPROVE the following nominees for membership on the San Gabriel Valley Service Council:

    84. ANTONOVICH AND NAJARIAN MOTION that the Board takes the
    following actions:

    **END OF NON-CONSENT ITEMS**

    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.

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

    ADJOURNMENT

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