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Metro Regular Board Meeting** Agenda*

Location & Date

Metro Board Room, One Gateway Plaza, 3rd Floor, Los Angeles
Thursday, August 4, 2011 9:00 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, august 4, 2011

 

CONSENT CALENDAR ITEMS

 

COMMITTEE AUTHORITY

 

NON-CONSENT ITEMS

 

CLOSED SESSION

2

NONE

3

65  66

15

 

4

 

16

 

18

 

19

 

22

 

20

 

43

 

21

 

56

 

27

 

60

 

28

 

61

 

29

 

62

 

30

 

63

 

39

 

64

 

40

 

65

 

41

 

 

 

42

 

 

 

47**

 

 

 

52

 

 

 

53

 

 

 

54

 

 

 

55**

 

 

 

57

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

** REQUIRES 2/3 VOTE

 

  1. approve Consent Calendar Items: 2, 15, 16, 19, 20, 21, 27, 28, 29, 30, 39, 40, 41, 42, 47**, 52, 53, 54, 55** and 57.

    **REQUIRES 2/3 VOTE

    CONSENT CALENDAR
  2. APPROVE Minutes of a) Regular Board Meeting and b) Special Board Meeting held June 23, 2011.
  1. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (5-0) approving the following 2011 recertification and deobligation recommendations:
    1. recertify $101.58 $97.0 million in existing Fiscal Year (FY) 2011-12 commitments from previous Countywide Calls for Projects and authorize the expenditure of funds to meet these commitments;
    2. de-obligate $17.4 million of previously approved Countywide Calls for Projects funding, and reprogram these dollars to the same modal category in the 2011 Call for Projects, except the Signal Synchronization and Bus Speed Improvement mode;
    3. authorize the Chief Executive Officer (CEO) to: 1) Negotiate and execute all necessary agreements for approved projects; and 2) Amend the FY 2011-12 budget, as necessary, to include the 2011 Countywide Call for Projects Recertification and Extension funding in the Regional Programs budget and programmed projects in the appropriate cost center budgets;
    4. delegate to the CEO the authority to reprogram or administratively extend approved funding for California Department of Transportation (Caltrans) projects as required, to meet Caltrans design and construction time frames;
    5. reprogram funding for: 1) the Port of Los Angeles I-110/SR-47 and John S. Gibson/NB I-110 Ramp Access Project (#F1208) to FY 2010-11 and FY 2011-12; 2) the Port of Los Angeles I-110 Freeway/C Street Interchange Improvement Project (#F1126) to FY 2011-12, FY 2012-13 and FY 2013- 14; and 3) $119,000 from the City of Compton MLK Transit Center Expansion Multi-Modal Transportation Building Project (#8223) to LACMTA for FY 2011-12;
    6. approve changes in scopes of work for the County of Los Angeles Vermont Avenue Median Landscaping Phase II Project (#F1828), the City of Los Angeles La Tijera Bridge Widening over I-405 Freeway Project (#8058) and the City of Long Beach First Street Parking Project (#8237) funded through previous Calls for Projects; and
    7. receive and file time extension for 75 projects.
  2. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (5-0):
    1. adopting findings and recommendations for using fiscal year (FY) 2011- 12 Transportation Development Act (TDA) Article 8 fund estimated at $17,527,331 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 $101,312 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, there are no unmet transit needs that can not be    met with other funding sources. Hence, TDA Article 8 funds in the amount of $4,152,543 and $4,344,606 (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; therefore TDA Article 8 funds in the amount of $5,056,808 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; and
      4. In the Los Angeles County Unincorporated areas of North County, areas encompassing both the Antelope Valley and the Santa Clarita Valley, the allocation is $3,872,063 and may be used for street and road purposes and/or transit.
    2. adopting a resolution making a determination of unmet public transportation needs in the areas of Los Angeles County outside the Metro service area.
  1. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (5-0):
    1. approving countywide light rail yard cost allocation percentages and amounts;
    2. borrowing up to $170 million of funds planned for specified heavy rail capital improvements to enable programming of unmet light rail yard costs; and
    3. programming $170 million from Proposition A 35% and Measure R 2% sources to complete the current $718 million funding plan for countywide light rail yard needs.
  2. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (5-0):
    1. authorizing the Chief Executive Officer to request a $54,077,000   Proposition 1B Corridor Mobility Improvement Account Letter of No Prejudice from the California Transportation Commission for   Construction of the Interstate 5 South Segment 1 Alondra Avenue project;
    2. amending the FY 2012 Budget to include the cash flow demand of $15,000,000 for the first year of construction and establish a Life of Project budget of up to $54,077,000 in support of the Letter of No Prejudice; and
    3. authorizing the CEO to execute an amendment to the original agreement with Caltrans to implement the Letter of No Prejudice arrangement.
  3. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (5-0):
    1. de-obligating $1.8 million in Regional Surface Transportation Program (RSTP) funds from the Interstate 10 High Occupancy Vehicle (HOV) Lanes from Citrus to Route 57/210 project in fiscal year (FY) 2012 and restoring the $1.8 million with available Proposition C 25% funds instead;
    2. reducing future Countywide Call for Projects funding in the Long Range Transportation Plan (LRTP) by $1.8 million to restore Proposition C 25% funds to the Interstate 10 HOV Lane project;
    3. providing replacement funding to the City of Monrovia for their lapsed Old Town Pedestrian Improvement project by re- programming $1.8 million in RSTP funds in FY 2012 to the City's new Huntington Drive Phase II project between Magnolia and Shamrock; and
    4. authorizing the Chief Executive Officer to amend the FY12 Budget or subsequent budgets, and negotiate and execute agreements and other documents, as necessary to reflect the approved programming.
  1. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (4-0)   adopting a resolution authorizing the MTA to form a California nonprofit   mutual benefit corporation that will serve as the conduit borrower of a $546 million Transportation Infrastructure Finance and Innovation Act ("TIFIA") loan for Crenshaw/LAX Transit Corridor once the loan is applied for and approved by the USDOT and by the MTA Board, and authorizing formation of California nonprofit corporations from time to time to support financing for MTA other projects in the future.
  2. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (4-0) authorizing the CEO to submit the Transportation Infrastructure Finance and Innovation Act ("TIFIA") loan application to the USDOT and pay related fees and expenses at any time subsequent to the Board's approval of the environmental reports for the Crenshaw/LAX Transit Corridor Project.
  3. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (4-0 authorizing:
    1. the Chief Executive Officer to award a 10-year and 2-month fixed-price contract, PS05312717, to Carl Warren & Company (CWC) for general liability claims administration services, for an amount not to exceed $25,896,641 for all ten years inclusive of two (2) three- year options, effective September 1, 2011, subject to the resolution of protests, if any; and
    2. a 20% of incentive-based recovery fee for any subrogation or property damage cross-complaint recoveries obtained by CWC.
  4. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (4-0) approving budget amendment to add $2,259,859 to the FY12 budget for the Los Angeles County Congestion Reduction Demonstration Program to    fund the enhanced Silver Line service on the Harbor Transitway, including related marketing, security, and maintenance, and for data      collection and market research for the Metro ExpressLanes.
  1. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (3-0) adopting the following positions on State Legislation as revised:
    1. SB 910 (Lowenthal) – Requires the driver of a vehicle, when passing a bicyclist, to allow three feet of space between the vehicle and the bicyclist.  SUPPORT WORK WITH AUTHOR
    2. AB 1164 (Gordon) – Allocation of unused federal funds for State bond funded projects.  SUPPORT IF AMENDED
    3. TBD (TBD) – Authorize staff to pursue legislation that would ensure consistency with the construction authority statutes. SUPPORT
  2. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (3-0) authorizing the Chief Executive Officer to:
    1. execute a cost sharing agreement with The Hollywood Historic Trust to facilitate ongoing maintenance, repairs and replacement to the Hollywood Walk of Fame; and
    2. amend the FY12 budget to add $1.5 million of expenses to Cost Center 2210 (New Business Development), funded by Right of Way Lease Revenues.
  3. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (3-0):
    1. approving revisions to the Use of MTA Property for Commercial Activities Policy (Policy) as set forth; and
    2. delegating authority to approve future revisions to the Policy to the Chief Executive Officer.
  4. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (3-0) approving revisions to the Los Angeles County Metropolitan Transportation Authority's Drug and Alcohol-Free Work Environment policy. 
  1. CONSTRUCTION COMMITTEE RECOMMENDED (4-0):
    1. finding that use of the design-build process pursuant to Public Utilities Code Section 130242(a) will achieve certain private sector efficiencies in the integration of the design, project work and components of the Regional Connector Transit Corridor Project;and
    2. finding that the use of the design-build process pursuant to Public Contract Code 20209.5 et seq. will accomplish a reduction in project costs, or will expedite project completion, or will provide design features not achievable through the design-bid-build method.

      The action(s) pursuant to the findings is contingent upon Board certification of the Regional Connector Transit Corridor Final Environmental Impact Statement/Environmental Impact Report (Regional Connector Transit Corridor Project).

      (REQUIRES 2/3 VOTE OF THE BOARD
  1. OPERATIONS COMMITTEE RECOMMENDED (3-0):
    1. authorizing the Chief Executive Officer to exercise a negotiated two-month extension to Memorandum of Understanding (MOU) No. PS2610LASD with the Los Angeles Sheriff's Department for transit community policing services;and
    2. executing Modification No. 4 MOU PS2610LASD to provide funding for FY12 transit community policing services for an amount not to exceed $10,940,422 for the period August 1, 2011 through September 30, 2011, and specified services in the amount of $227,461 for Access Services for the period of July 1, 2011 through June 30, 2012; increasing the Total Contract Value from $138,167,828 to $149,335,711.
  2. OPERATIONS COMMITTEE RECOMMENDED (3-0) establishing life-of- project budget of $9,000,000 for Metro Red Line Tunnel Lighting Rehabilitation, CP # 205066.
  3. OPERATIONS COMMITTEE RECOMMENDED (3-0) authorizing the Chief Executive Officer to enter into an agreement with the Southern California Regional Rail Authority (SCRRA) for the exchange of fiber optic cable assets, and the approval of a Memorandum of Understanding under which LACMTA and SCRRA would define the fiber optic assets to           be exchanged.
  4. OPERATIONS COMMITTEE RECOMMENDED (3-0):
    1. finding that there is only a single source of procurement for Cummins 8.9 ISLG natural gas engines and installation kits, and purchase is for the sole purpose of duplicating the existing equipment already in use.  The Board hereby authorizes the purchase of Cummins 8.9 ISLG natural gas engines and installation kits pursuant to Public Utilities Commission Code Section 130237; and
    2. authorizing the Chief Executive Officer to:
      1. award a firm fixed price contract to Cummins Cal Pacific, LLC, for the procurement of 90 Cummins 8.9 ISLG natural gas engines and 45 installation kits for an amount not to exceed   $5,087,680 inclusive of sales tax.
      2. exercise an option with Cummins Cal Pacific, LLC to purchase up to 120 additional 8.9 ISLG natural gas engines and 165 installation kits subject to availability of funding for an amount   not to exceed $9,777,542 inclusive of sales tax.

        (REQUIRES 2/3 VOTE OF THE BOARD)
  1. OPERATIONS COMMITTEE RECOMMENDED (3-0) approving the following nominee for membership on the San Gabriel Valley Service Council:
             
    Joseph Mosca – Re-appointment
    Nominated by City of Sierra Madre. 
    Term Ending:  June 30, 2014

NON-CONSENT

  1. Chair's Report.
  2. Chief Executive Officer's Report.

 

    1. RECEIVE oral report responding to the June 23, 2011 Board motion directing the Chief Executive Officer (CEO) to address:
      1. Comprehensive Safety Plan for the grade-level corridor segment along Crenshaw from 48th to 59th Streets through Park Mesa Heights;
      2. Traffic Mitigation Plan with the City of Los Angeles Department of Transportation to maintain traffic Level of Service C or better at all cross streets on Crenshaw from 48th to 59th Streets;
      3. Local Worker Hiring Plan and Small Business Enterprise Participation Plan targeting, at a minimum 30% local and 10% disadvantaged hiring/participation, with enforcement provisions;
      4. Business Loss Mitigation Fund to assist local businesses that are adversely impacted by light rail construction; and
      5. "Crenshaw Curve" Sidewalk, Streetscape and Local Business Improvement Plan to connect Leimert Park with the Martin Luther King, Jr. Transit Station, addressing the corridor on Crenshaw from Vernon to Stocker

(HANDOUT)

  1. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (5-0) approval of YAROSLAVSKY-O'CONNOR-VILLARAIGOSA MOTION to instruct staff to:
  1.  
    1. Explore opportunities for launching a pilot bike share program at strategic locations at our rail and BRT stations;
    2. Determine if the program can be funded through public-private partnerships as currently done around the world; and
    3. Report back in 120 days with a strategic plan for implementing such a program and funding options.
  1. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (3-0) and CONSTRUCTION COMMITTEE RECOMMENDED (4-0) AS AMENDED adopting the Los Angeles County Metropolitan Transportation Authority (LACMTA) Green   Construction Policy for implementation on construction projects conducted on LACMTA properties and rights-of-way.       The LACMTA will encourage other jurisdictions that receive/program    LACMTA funding (in whole or in part) for construction projects to adopt a Green Construction policy similar to that which applies to the LACMTA. Phase the implementation of this policy, through a collaborative process, for implementation by other jurisdictions that receive/program LACMTA funding (in whole or in part) for construction projects.

          VILLARAIGOSA-KATZ-YAROSLAVSKY-DUBOIS AMENDMENT that the MTA Board:

  1. Adopt the staff report on the Green Construction Equipment Policy;
  2. Develop an implementation plan and timeline outlining the collaborative process by which the Green Construction Policy for MTA funded projects in local jurisdictions will be phased in. A progress report on this plan should be presented to the Board no later than October 2011;
  3. Concurrently, develop a technical assistance program to provide needed support to local jurisdictions in their efforts to implement the Green Construction Policy. This program should be completed and presented to the Board for approval no later than October 2011; and
  4. Work directly with the Caltrans District 7 Office and with Caltrans Headquarters to develop an implementation framework and timeline for the application of the Green Construction Policy to MTA-funded projects on Caltrans rights-of-way. This framework should be presented to the Board for approval no later than October 2011.
  1. OPERATIONS COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION DUE TO CONFLICT AND ABSENCES authorizing the Chief Executive Officer to award a three year fixed unit rate    contract under RFP No. OP24122716 to Affiliated Computer Services, Inc., the lowest responsive and responsible proposer, for citation processing services for an amount not to exceed $1,871,490 for all three years, inclusive of two one (1) year options.
  1. APPROVE the following nominees for membership on the Gateway Cities Service Council and San Fernando Valley Service Council:
    1. Cheri Kelley, Re-Appointment, Gateway Cities Service Council Nominated by:  Gateway Cities Council of Governments Term Ending:  June 30, 2014
    2. George Bass, Re-Appointment, Gateway Cities Service Council Nominated by:  Gateway Cities Council of Governments Term Ending:  June 30, 2014
    3. Cynde Soto, Re-Appointment, Gateway Cities Service Council Nominated by:  Gateway Cities Council of Governments Term Ending:  June 30, 2014
    4. Dr. Richard Arvizu, Re-Appointment, San Fernando Valley Service Council Nominated by:  Mayor Antonio R. Villaraigosa Term Ending:  June 30, 2014
  2. RECEIVE oral report on projected impact of offering free rides to Girl Scouts on their 100th anniversary.
  3. VILLARAIGOSA MOTION that the MTA Board of Directors direct the CEO to:
    1. Maintain bus revenue service hours on all Tier 1 and MTA Rapid Bus lines for FY12;
    2. Regularly monitor passenger loads and on-time performance to ensure satisfactory bus service;
    3. Direct the CEO to report on a strategy and timeline for the completion of the UFS, or Transit Access Pass (TAP), card by the October 2011 Board meeting;
    4. Direct the CEO to provide an implementation plan for the quarterly bus service evaluation program that was outlined in the June 2011 report on bus service modifications to the Operations Committee;
    5. Direct the CEO to appoint an internal compliance manager to report on all existing MTA bus services in coordination with the Service Councils at a monthly basis; the report should include but not be limited to the following:
      1. Bus & station cleanliness
      2. Graffiti free buses & stations
      3. On-time performance & wait times
      4. Walking distances to service
      5. A thorough customer survey
    6. Direct the CEO to work with local jurisdictions to identify, analyze and recommend a minimum of five corridors in the County that can accommodate an effective Bus Rapid Transit system. The selection of the routes should include but not limited to the following:
      1. Ridership
      2. Station stops/spacing
      3. Physical attributes of routes & limited transfers
      4. Transfer convenience/demand
      5. Congestion and Level of Service levels
      6. General Public and community support
      7. Economic development opportunities around stations
      8. Partnerships with other transit agencies outside of the County

      The CEO shall report back on the BRT system recommendations by the October 2011 MTA Board meeting.

  4. ANTONOVICH MOTION that the Los Angeles County MTA Board establishes a one-year Pilot Transportation Program similar to existing programs such as Immediate Needs Transportation Program (INTP), Support for Homeless Re-Entry Program (SHORE) and Rider Relief Transportation Program (RRTP) to provide free EZ Transit Passes to      foster youth in support of the County's Youth Self- Sufficiency program. 

          This Program shall:

  • be implemented no later than March 1, 2012
  • serve foster youth between the ages of 18 and 21, with exceptions for youth between ages 22 and 24 if deemed appropriate by joint MTA and County of Los Angeles recommendation
  • be executed under guidelines developed jointly by MTA and the County of Los Angeles that will determine eligibility of youth between the ages of 18 and 21 that will participate in this Program as well as other necessary processes, including an annual audit requirement, to ensure program integrity and success
  • undergo a year-end evaluation based on measurable criteria determined jointly by MTA and County of Los Angeles staff
  • be managed by MTA and administered by the County of Los Angeles

          MTA and County of Los Angeles staff—at the meeting prior to Program   implementation—shall present to the Board the following:

  • an estimated program budget and funding sources
  • program guidelines as established by MTA and the County of Los Angeles
  • program evaluation criteria as established by MTA and the County of Los Angeles

          Furthermore, MTA and County of Los Angeles staff—at the meeting prior to the expiration of this Program—shall present to the Board the following:

  • the evaluation of the program including recommendations to improve the program
  • the final budget for the program
  • a recommendation for consideration on whether or not to continue the program
  1. CONSIDER: 
    1. supporting the renewal of the proposed Arts District 2012-2016 property based Business Improvement District (BID) in the City of Los Angeles and resulting assessments on properties within the District boundaries owned by LACMTA and ratify the Petition submitted December 28, 2010 to establish the Arts District Property Based Business Improvement District; and
    2. authorizing the Chief Executive Officer or his delegate to sign any necessary petition and cast any subsequent ballots in support of the BID and property assessments.
  2. ANTONOVICH MOTION that the MTA Board:
    1. Takes an official position of "SUPPORT" for the Palmdale Station and for the Bakersfield to Palmdale to Los Angeles alignment of the High Speed Rail system;
    2. Requests that the September 2011 California High Speed Rail Authority (CAHSRA) Board meeting be held in the Antelope Valley;
    3. Communicates the positions in part (1) and (2) via Board Letter to Governor Brown, CAHSRA Chair Tom Umberg, CAHSRA CEO Roelof van Ark, the CAHSRA Authority Board and the Los Angeles County State Legislative Delegation; and
    4. Makes a formal request to Governor Brown that the replacement for former CAHSRA Board member Curt Pringle be someone from Los Angeles County.
  3. 65.  CLOSED SESSION:
    1. Conference with Legal Counsel - Pending Litigation – G.C. 54956.9(a):
    1.  
      1.  
        1. Damon Duval v. LACMTA, Case No. SC105728
        2. Melania Trevino v. LACMTA, Case No. GC045724
        3. Cathy Gaddy v. LACMTA, Case No.CV 09-2343 SVW VBKx
        4. LACMTA v. Parsons-Dillingham, Case Nos. BC150298, BC179027
    2. Conference with Legal Counsel - Anticipated Litigation - G.C. 54956.9(b):

      Significant Exposure to Litigation: Petition for Writ of Quo Warranto to Determine Title to Public Offices (One Case)
    3. Conference with Labor Negotiator - G.C. 54957.6:
      Agency Representative:  Richard Hunt and designated staff
      Employee Organizations:  ATU, UTU, TCU, Teamsters

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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