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Regular Board Meeting Agenda*

Location & Date

Metro Board Room, One Gateway Plaza, 3rd Floor, Los Angeles
Thursday, February 23, 2012 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, february 23, 2012

 

CONSENT CALENDAR ITEMS

 

NON-CONSENT ITEMS

 

CLOSED SESSION

2

3

56

7

4

 

8

5

 

9

6

 

10

26

 

11

48

 

17

54

 

24

55

 

29

 

 

30

 

 

31

 

 

41

 

 

42

 

 

43**

 

 

44

 

 

51

 

 

53

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

** REQUIRES 2/3 VOTE

 

  1. APPROVE Consent Calendar Items: 2, 7, 8, 9, 10, 11, 17, 24, 29, 30, 31, 41, 42, 43**, 44, 51 and 53.

**REQUIRES 2/3 VOTE

CONSENT CALENDAR

  1. APPROVE Minutes of Regular Board Meeting held January 26, 2012.
  1. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0) authorizing the Chief Executive Officer to enter into a funding agreement with the Department of Transportation (Caltrans) District 7 for an amount not to exceed $2,000,000 for FY 2011-12 through FY 2013-14 for project delivery support services for the I-710 South Corridor Project EIR/EIS.
  2. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0) authorizing the Chief Executive Officer to execute modification No.3 to Contract No. PS-4010-2589 with Mercator Advisors, LLC to provide federal financial advisory and analytical services for the America Fast Forward program for a period of 12 months for the amount not to exceed $149,172, increasing the total contract value from $288,601 to $437,773.
  3. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0) approving the Round 2 Transit Oriented Development Planning Grant Program Guidelines.
  4. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (3-0) approving the finding that in 2011 all 88 cities and the County of Los Angeles are in conformance with the Congestion Management Program for Los Angeles County.
  5. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0) approving Najarian, Dubois, O’Connor and Knabe Motion that:
    1. Measure R highway “equity” funds shall be allowed to be used as a source of local match for future Call for Projects applications;
    2. Measure R regional funding categories be brought into alignment with the same guidelines used with Propositions A and C as reflected in the last paragraph of this Motion; and
    3. MTA staff shall integrate this Measure R Highway subfund policy into the Call for Projects process, and will advise the Board in April on how this policy is integrated into the Call and on initiating the 2013 Call for Projects process.
  1. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (4-0) authorizing the Chief Executive Officer to enter into a Memorandum of Understanding with the City of San Gabriel pertaining to the City’s railroad grade separation bridges, trench and supporting structures as part of the Alameda Corridor East Project.
  1. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (4-0) adopting the Amendments to the Administrative Code.
  1. CONSTRUCTION COMMITTEE RECOMMENDED (4-0):
    1. authorizing the Chief Executive Officer to negotiate and execute a Contract Modification for Change Notice No. 11 to Contract No. E0119 with the Connector Partnership Joint Venture to advance Preliminary Engineering, support FTA Approval to Enter into Final Design, and the Board approved $500,000 for the preliminary design of the second entrance at 2nd Street/Broadway station for the Regional Connector Transit Corridor Project, for an amount not to exceed $9,296,670, increasing the total contract value from $23,309,794 to $32,606,464; and
    2. increasing the Contract Modification Authority in the amount of $10,226,337 increasing the total CMA from $3,225,000 to $13,451,337.
  2. CONSTRUCTION COMMITTEE RECOMMENDED (4-0-1) authorizing the Chief Executive Officer to enter into a Bid Stipend Agreement with each of the short listed qualified proposers for the Crenshaw/LAX Transit Corridor in an amount of $1,000,000 per Stipend Agreement for unsuccessful responsive proposers.
  3. CONSTRUCTION COMMITTEE RECOMMENDED (4-0) approving VILLARAIGOSA, DUBOIS, O’CONNOR, WILSON AND HUIZAR MOTION that the MTA Board of Directors adopt and direct the CEO to use the following framework to improve existing and future stations along the MTA rail system:
    1. Signage and Way-finding
      1. Prepare an assessment of pedestrian & bicycle connectivity and customer amenities (“connectivity elements”) for stations and surrounding areas on both the Blue Line and Green Line that shall include, but not be limited to:
        1. Crosswalk and sidewalks
        2. Bicycle racks, corrals & other bicycle facilities
        3. Pedestrian & bicycle signals
        4. Station canopies
        5. Streetscape amenities (e.g. street trees, decorative   sidewalk treatments, etc.)
      2. Recommend improvements to connectivity elements, especially signage, that will make it easier to use the transit system and improve the customer experience.
    2. Station Park & Rides
      1. Evaluate the current security systems and recommend as appropriate the installation of additional video surveillance cameras at MTA owned (or used) property.
      2. Identify best practices for facility maintenance and recommend changes to MTA’s existing maintenance practices.
      3. Conduct a parking space utilization study and recommend strategies to increase utilization.
    3. Noise Abatement
      1. Evaluate options for reducing station noise along the Green Line using advanced noise reduction techniques and/or strategies.
      2. Recommend noise reduction strategies for the Green Line.
    4. Transit Oriented Development
      1. Expand the TOD grant program in the adopted FY 2012 Budget to fund additional planning work and design guidelines that promote sustainable transit oriented design principles along the following transit and rail lines:
        1. Blue Line
        2. Green Line Extension to Los Angeles International Airport
        3. West Santa Ana Branch
        4. Westside Subway Extension
        5. Silver Line/Artesia Transit Center and other Transitway Stations 
        6. Los Angeles County Metrolink Stations
    5. Funding
      1. Amend the FY 2012 Budget to allocate $10 million to fund recommendations from item 4 item D above from the “FY12 Adopted Budget: Transit Capital, Metro Capital – System Improvements, Rail Yards and Rail Cars; FY 12 Estimated Ending Fund Balance” (Fiscal Year 2012 Approved Budget, p.38, line 5).
    6. Report back by the April 2012 Board meeting on all the findings and recommendations as described above.
  1. SYSTEMS SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (4-0) approving the following findings for recently completed equity evaluations :
    1. there are no disparate or disproportionately adverse impacts from the planned implementation of the following major service changes:
  •  
    1. find that despite disparate impacts on some riders there is substantial legitimate justification for adopting the proposed service changes as they meet a goal that is integral to the mission of Metro of achieving a balanced operating budget, and that the selected alternatives to these service changes would have a less severe adverse effect on Title VI protected populations than other alternatives that were studied:                                     
    •  
      • Cancellation of Route 363 and replacement with Route 162;
      • Extension of Routes 30 & 330 from Pico BI. to Sunset BI.;
      • Cancellation of Route 730 and replacement with Route 330;
      • Shortening of Line 740 to Exposition/Crenshaw; and
      • Operation of Phase 1 of the Metro Expo Line to Culver City Station; and 
    •  
      • Discontinuation of Line 439 and extension of Line 217 to Fox Hills Mall;                      
      • Shortening of Line 42 to MLK/Western, reroute of Line 42 to Western/Exposition, and combination with Line 102 to its Palm/Seville terminal (Line 102 west of Western Av will be discontinued);
      • Discontinuation of Line 305; and
      • Shortening of Line 550 to Exposition/Vermont together with discontinuation of Harbor Transitway operation during off-peak periods.
  1. SYSTEMS SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (4-0) authorizing the Chief Executive Officer to:
    1. execute Amendment No. 1 to Contract PS07701003B with Enterprise Rent-A-Car and Contract PS07701003C with VPSI, Inc., extending the current vanpool lease program for a period of six months for an amount not to exceed $2,950,000, increasing the total contract value for the Metro Vanpool Program from $19,128,400 to $22,078,400; and
    2. amend the FY12 Budget to add $577,500 of revenues and expenses for the purposes of continuing Metro Vanpool Program implementation through June 30, 2012.
  2. SYSTEMS SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (4-0):
    1. finding that the procurement of 40’ transit buses under Public Utilities Code Section 130232 does not constitute a procurement method adequate for Metro’s needs. The Board hereby authorizes procurement of these 40’ transit buses pursuant to Public Contracts Code (PCC) Section 20217 for procurement by competitive negotiation; and
    2. authorizing the Chief Executive Officer to solicit a Best Value Request for Proposal for a contract to purchase up to a total of 900 transit buses, including a base order of 550 buses and options for up to 350 buses, as a competitive negotiation pursuant to PCC Section 20217 and Metro’s Procurement Policies and Procedures.
      (REQUIRES 2/3 VOTE OF THE BOARD)
  3. SYSTEMS SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (4-0) SUBJECT TO RESOLUTION OF PROTEST:
    1. authorizing the Chief Executive Officer to award fifteen (15) multi-year firm fixed unit rate requirements contracts under Bid No. FSP12 with the following lowest responsive and responsible bidders for towing services for the Metro Freeway Service Patrol (FSP) for an amount not to exceed $26,122,300:

Beat

Contract

Contractor

Amount

Contract Period

3

FSP12-3

Navarro’s Towing

$ 1,772,558

06/01/12 - 03/31/15

5

FSP12-5

Neighborhood Towing 4u, Inc.

$ 1,674,661

06/01/12 - 03/31/15

6

FSP12-6

Mighty Transport, Inc.

$ 1,484,718

06/01/12 - 03/31/15

7

FSP12-7

South Coast Towing, Inc.

$ 1,788,820

07/01/12 - 04/30/15

9

FSP12-9

Classic Tow, Inc.

$ 1,801,504

07/01/12 - 04/30/15

10

FSP12-10

Classic Tow, Inc.

$ 1,588,901

06/01/12 - 02/28/15

11

FSP12-11

J&M Towing, LLC

$ 1,366,527

07/01/12 - 03/31/15

17

FSP12-17

Sonic Towing, Inc.

$ 1,624,122

07/01/12-03/31/15

23

FSP12-23

Navarro’s Towing

$ 1,535,647

07/01/12 - 03/31/15

27

FSP12-27

Disco Auto Sales, Inc.

$ 2,059,119

08/01/12 - 04/30/15

29

FSP12-29

Platinum Tow and Transport, Inc.

$ 1,997,304

08/01/12 - 03/31/15

31

FSP12-31

Sonic Towing, Inc.

$ 1,768,697

08/01/12 - 03/31/15

39

FSP12-39

J&M Towing, LLC

$ 1,325,078

08/01/12 - 03/31/15

43

FSP12-43

Disco Auto Sales, Inc.

$ 1,706,563

08/01/12 - 03/31/15

50

FSP12-50

Girard & Peterson, Inc.

$ 2,628,083

06/01/12 - 01/31/15

 

 

Total

$26,122,300

 

  1.  
    1. approving Contract Modification Authority for a total amount not to exceed $3,671,030 to modify a total of 16 FSP contracts. Funding will be added to twelve current contracts to ensure that there are sufficient funds within each contract to operate until new contracts start. Two contracts will be extended and funded to complete the realignment of FSP contracts and funding is being added to two additional contracts that have drawn down contract value to support Caltrans and MTA freeway construction projects and unforeseen operational issues.

  2. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0) authorizing the Chief Executive Officer to:
  1.  
    1. award a cost plus fixed fee Contract No. PS4710-2769 to Mark Thomas and Company in the amount of $4,952,298 for professional services to prepare a Utility Relocation Study that includes conceptual and preliminary engineering, and technical studies for utility relocation and structural components of the I-710 Corridor Project, specifically, for the Central Segment, between the I-405/I-710 Interchange to the Los Angeles River; and
    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 preliminary utilities engineering and technical studies.
  1. SYSTEMS SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (3-0) approving HUIZAR AND YAROSLAVSKY MOTION that the Board direct the CEO to report back at the March board meeting on viable options that would include retaining the free information services that were provided by the Travelers Aid Society of Los Angeles volunteers at Union Station.

END OF CONSENT CALENDAR


NON-CONSENT

  1. Chair’s Report.
  2. Chief Executive Officer’s Report.
    WITHDRAWN - CARRIED OVER TO MARCH:
  3. PLANNING AND PROGRAMMING COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION the following recommendations related to the Regional Connector Transit Corridor: PARTS A, B, C, D, E1, and E3; and CARRIED OVER PARTS E2 and E4: 
    1. approving the Project Definition, which is based on the Locally Preferred Alternative (LPA) of a 1.9 mile Light Rail project with three stations previously designated by the Board in October 2010 and which incorporates several design refinements, including:
      1. Creating an enhanced pedestrian walkway along the east side of Flower Street between 4th and 7th  Streets;
      2. Relocating the Little Tokyo/Arts District underground station to minimize property required and eliminate the cut-and-cover segment on 2nd Street in Little Tokyo originally required for construction;
      3. Launching the Tunnel Boring Machine (TBM) from the northeast corner of 1st and Alameda Streets, the Mangrove property formerly known as the Nikkei development, instead of 2nd Street;
      4. Tunneling to Flower and 4th Streets in the Financial District, further reducing cut/cover in the area;
    2. certifying the Regional Connector Transit Corridor Final Environmental Impact Statement/Final Environmental Impact Report (FEIS/FEIR);
    3. authorizing the Chief Executive Officer (CEO) to file a Notice of Determination with the Los Angeles County Clerk and State of California Clearinghouse;
    4. adopting the:
      1. Finding of Fact and Statement of Overriding Considerations in accordance with the California Environmental Quality Act;
      2. Mitigation Monitoring & Reporting Plan (MMRP); and
      3. Per EJ-3 in the MMRP and the Findings of Fact and Statement of Overriding Considerations, two acres of land shall be provided on the Mangrove property for the purposes of providing alternative parking services during construction which would include satellite parking served by shuttle buses or other parking services in the business area of Little Tokyo. Any parking services shall be operated by a licensed/bonded parking company selected through a Request for Proposal (RFP) process. The appropriate parking service provided will be determined with the participation of the Regional Connector Community Leadership Council (RCCLC) and/or other subcommittee.  Through the RCCLC, LTCC, and other community groups it shall be assessed the feasibility of establishing a shuttle service connecting local parking lots and Little Tokyo/Arts District with destinations in downtown.
      4. Per EJ-16 in the MMRP and the Findings of Fact and Statement of Overriding Considerations, targeted advertising and marketing campaigns shall be provided determined by the RCCLC, LTCC and/or other community based groups. An MOU agreement shall be developed to implement and compensate the process. The MOU will include but not limited to provide the following: Marketing and Merchant Support Technical and Business Assistance Business Interruption Program to provide an expeditious standard for claims resolution and reimbursement Marketing Services and Branding Campaign Merchant Discounts and Incentives/Rewards Program Signage (for businesses and access) Special Event Planning (including support)
      5. The designation of a Construction Relations Manager to serve as the point person for all community concerns regarding the project prior to construction. This person will be responsible for the entire project area and funded from the project budget.
      6. Reports will be made to the Board in April and June 2012 with the implementation strategy for the above activities, with quarterly reports to the Board thereafter, and throughout the duration of the construction period.
    5. authorizing the CEO to:
      1. Exercise modification No. 14 to Contract No. PS4320-1985 with Camp Dresser & McKee (CDM) for assistance with our application for entry into Final Design and preparation of documents related to the Full Funding Grant Agreemen (FFGA) after receipt of the Record of Decision (ROD) from the Federal Transit Administration (FTA) for the period of 17 months for an amount not to exceed $907,704, increasing the total contract amount from $15,702,178 to $16,609,882;
        CARRIED OVER RECOMMENDATION E2:
      2. Exercise modification No. 4 to Contract No. PS4320-1988 with The Robert Group (TRG) for continued outreach and community engagement services following the ROD for the period of 17 months for an amount not to exceed $757,133, increasing the total contract amount from $1,685,394 to $2,442,527;
      3. Increase contract modification authority for Contract No. PS-4320-1985 for an amount not to exceed $136,156, increasing the total contract modification authority from $2,071,179 to $2,207,335 to cover the cost of any potentially unforeseen issues that may arise; and
        CARRIED OVER RECOMMENDATION E4:
      4. Increase contract modification authority for Contract No.PS4320-1988 for an amount not to exceed $113,570, increasing the total contract modification authority from $463,969 to $577,539 to cover the cost of any potentially unforeseen issues that may arise.
  4. PLANNING AND PROGRAMMING COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION approving the following actions related to the Long Range Transportation Plan financial forecast update:
    1. amending the Measure R Contingency Policy to stipulate that it applies to net bond interest costs after:
      1. Adding Measure R interest earnings; and
      2. Exempting interest costs for the Build America Bond/tax exempt bond package that predated the policy;
    2. amending the Fiscal Year (FY) 2011 Budget Policy to reimburse funding sources used as advance funding to accelerate Measure R Projects to:
      1. Permit reimbursements at the end of the Measure R scheduled funding period for each project;
      2. Permit the planned use of the funds reimbursed to the State Repayment of Capital Project Loans (SRCPL) funds for subsequent project segments included in the funded Long Range Transportation Plan (LRTP), but require that such planned uses be brought to the Board for specific approval when a life of project budget including such funds is adopted;
      3. To include the definitions and assumptions described in Attachment A of the Board report; and
    3. receiving and filing the report in Attachment B of the Board report, which includes a summary status on the use of authority delegated to the Chief Executive Officer.
  1. YAROSLAVSKY MOTION that staff return in March with a plan that would implement gate locking within 5-6 months, phased in on an aggressive schedule.  Work to resolve fare media issues with Metrolink and the Municipal Operators and fare inspection issues with the Sheriff’s Department.
  1. SYSTEMS SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (3-0) approving HUIZAR MOTIONthat the CEO establish a working group comprised of six municipal operators of which three are TAP enabled and three that are not TAP enabled along with high level executive MTA staff.

    The working group shall address the 7 overarching items identified in the Municipal Operator letter dated January 30, 2012. 

    Also move that the CEO report back at the March 2012 Board meeting with an update.

  1. RECEIVE civil rights compliance update. (HANDOUT)
  2. FASANA AND RIDLEY-THOMAS MOTION that the Metro Board of Directors opposes any efforts, including State Legislation, by Caltrans to abandon State Route-39 and requests that Caltrans continue their efforts to complete the State Route-39 reopening Project.

**END OF NON-CONSENT ITEMS**

  1. CLOSED SESSION:
    1. Conference with Legal Counsel - Pending Litigation - G.C. 54956.9(a):
      1. Nadia Ahdout, et al v. LACMTA, Case No. BC448290
        (CARRIED OVER FROM JANUARY BOARD MEETING)
      2. Rosario Barajas, et al v. LACMTA, Case No. BC385950
        (CARRIED OVER FROM JANUARY BOARD MEETING)
      3. Sonia Pichardo-Cabrera v. LACMTA, Case No. SC104002
        (CARRIED OVER FROM JANUARY BOARD MEETING)
      4. Maria Hernandez v. LACMTA, Case No. VC056218
      5. Kaliyah Tamayo v. LACMTA, Case No. BC448942
    2. Personnel Matters - G.C. 54957:
      Public Employee Appointment
      Consider Appointment of Inspector General
      (CARRIED OVER FROM JANUARY BOARD MEETING)
    3. Conference Regarding Potential Threats to Public Services and Facilities - G.C. 54975:

      While there may be no immediate threat, this is to provide the Board with a confidential update by Ruthe Holden, Chief Auditor, and Paul Taylor, Deputy Chief Executive Officer, on security related matters.
      (CARRIED OVER FROM JANUARY BOARD MEETING)

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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