Location & Date
Metro Board Room, One Gateway Plaza, 3rd Floor,
Thursday, April 26, 2012 9:30 a.m.
Call to Order
Antonio Villaraigosa, Chair
Michael Antonovich, 1st Vice Chair
Diane DuBois, 2nd Vice Chair
Ara J. Najarian
Michael Miles, non-voting member
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
1. APPROVE Consent Calendar Items: 2, 5, 10, 11, 12, 25, 26, 34, 40, 45, 52, 53, 62, 63 and 65.
5. AD HOC SUSTAINABILITY COMMITTEE RECOMMENDED (4-0):
A. adopting the resolution authorizing the Chief Executive Officer to submit a grant application for the State of California's Sustainable Communities Planning Grant and Incentives Program (the "Grant"); and
B. authorizing execution and implementation of the Grant agreement, if awarded.
10. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0):
A. authorizing the Chief Executive Officer to establish a Regional Rail planning bench of qualified firms to conduct studies, engineering, and environmental work in support of passenger railroad efforts in Los Angeles County;
B. releasing a Request for Qualifications/Request for Proposals for the bench that will have a $1,000,000 cap per project and a $20,000,000 overall cap; and
C. receiving and filing the Regional Rail Update through March 2012.
11. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0):
A. approving the following actions for the 2013 Countywide Call for Projects Call):
1. recommended changes to 2013 Call process;
2. add $170,000 to the FY13 budget for the Information Technology Services Department to develop and maintain the on-line application;
3. initiate the 2013 Call process; and
B. receiving and filing report on the 2011 Call for Projects Survey.
12. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED UNDER RECONSIDERATION (4-0):
A. approving renaming the Metro Green Line to LAX to "Airport Metro Connector"; and
B. receiving and filing the Metro Green Line to LAX Alternatives Analysis (AA) Report. Attachment A of the board report contains the Executive Summary. The full AA Report is available upon request; or at www.metro.net/greenlinetolax. The Build alternatives recommended for advancement to the environmental review process are based on the AA Report as well as additional consultation with Los Angeles World Airports (LAWA).
A. execute a five-year, fixed rate multiple award agreement, with the firms listed, inclusive of two one-year options, effective July 1, 2012 for a cumulative total amount not to exceed $8,800,000;
B. execute Task Orders under these contracts for services for a total amount not to exceed $8,800,000; and
C. execute contracts with additional qualified firms during the course of the five-year agreement within the above total amount not to exceed $8,800,000, should there be a need to expand the panel.
26. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (3-0) authorizing the Chief Executive Officer to purchase All Risk Property and Boiler and Machinery insurance policies for all property for a not to exceed price of $2.33 million for the 12-month period May 10, 2012 through May 10, 2013.
34. AD HOC CONGESTION PRICING COMMITTEE RECOMMENDED (3-0):
A. the introduction of an Ordinance for Enforcement of Toll Violations for consideration and adoption by the Board of Directors at the next regular meeting occurring April 26, 2012; and
B. the establishment of toll evasion penalties for a violation of this ordinance in the initial amount of $25 for each violation and a delinquent penalty of an additional $30 for each unpaid violation deemed delinquent. These penalty amounts, may be increased or decreased by Metro's Chief Executive Officer up to 5% annually provided the calculated amount does not exceed the amount set forth in California Vehicle Code Section 40258(A). Any amendments to the penalty amounts shall be posted on the Metro website 90 days in advancement of enactment.
40. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (3-2) adopting the following position on State Legislation:
A. AB 1446 (Feuer) – Would remove the sunset date in Measure R and authorize an extension to be placed on the ballot. SUPPORT
EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (4-0) adopting the following positions on State Legislation:
B. AB 2247 (Lowenthal) – Would authorize Metro's Transit Court to administratively process violations for vending on our system. SUPPORT WORK WITH AUTHOR
C. TBD (TBD) - Retention of revenues from sale of properties in the SR710 Corridor. SUPPORT
D. SB 1117 (Desaulnier) – Would require CTC to prepare a statewide passenger rail transportation plan for adoption by September 2014. SUPPORT
45. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (3-0):
A. adopting the proposed Labor Compliance Program as detailed in Attachment A of the board report;
B. adopting the Resolution in Attachment B of the board report;
C. authorizing submittal of the program to the State of California Department of Industrial Relations; and
D. authorizing the Chief Executive Officer to amend the Labor Compliance Program as necessary to comply with regulatory changes.
52. CONSTRUCTION COMMITTEE RECOMMENDED (4-0):
A. authorizing the Chief Executive Officer (CEO) to negotiate and execute a contract agreement with Kinetic Traction Systems, Inc. to utilize South Coast Air Quality Management District (SCAQMD) grant from the Rule 1309.1 Mitigation Fund that will fund the design, manufacture, installation, testing, and monitoring of a one-megawatt wayside energy storage system and a two-kilowatt photovoltaic system for the Metro Gold Line; and
B. establishing Project 500012 (Gold Line Renewable Energy Systems) and allow existing staff to support this project, commencing in FY12 until completion.
53. CONSTRUCTION COMMITTEE RECOMMENDED (5-0):
A. authorizing the Chief Executive Officer to execute contract modification No. 21 to Contract No. E0117, Advance Conceptual/Preliminary Engineering for Crenshaw Transit Corridor, with Hatch Mott MacDonald, to exercise the option for Phase III Design Services During Construction, in the amount of $13,235,158;
B. authorizing the Chief Executive Officer to execute contract modification No. 27 to Contract No. E0117 for Phase II Third Party coordination and Southwestern Yard engineering support for an amount not to exceed $1,959,247; and The total of recommendations A and B is a NTE amount of $15,194,405, increasing the total contract value from $37,126,312 to $52,320,717.
C. approving contract modification authority (CMA) for Contract No. E0117 for Phase II, Preliminary Engineering, Construction Contract Development and Bid Period Services in the amount of $1,959,247, increasing the total CMA for Phase II from $6,038,754 to $7,998,001 and establish CMA authority in the amount of $1,985,274 for Phase III Work.
62. SYSTEM SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (3-0) approving the "Bus2Bus" program between Metro Silver Line and Foothill Transit Silver Streak contingent upon Foothill Transit Board approval on April 27, 2012.
63. SYSTEM SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (3-0):
A. extending the Transit Service Operation Agreement between LACMTA and the City of Glendale for the Glendale Beeline Route 3 for an additional five years;
B. extending the Transit Service Operation Agreement between LACMTA and the City of Los Angeles for Dash 601, Dash 602 and Commuter Express 422 for an additional five years;
C. authorizing the Chief Executive Officer or his designee to negotiate and execute all necessary agreements between LACMTA and the City of Glendale for funding approval; and
D. authorizing the Chief Executive Officer or his designee to negotiate and execute all necessary agreements between LACMTA and the City of Los Angeles for funding approval.
65. SYSTEM SAFETY AND OPERATIONS COMMITTEE RECOMMENDED (3-0) approving the amount budgeted for Access Services in FY13 an increase of $6,962,500 (13.93%) for a total of $56,962,500 in Proposition C Discretionary (Prop C 40%) funding to provide the mandated paratransit service as well as the Free Fare and Travel Training Programs which are above the Americans with Disabilities Act of 1990 (ADA) regulations.
**END OF CONSENT CALENDAR**
3. Chair's Report.
4. Chief Executive Officer's Report.
13. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (3-1-1) APPROVING AS AMENDED:
A. approving the Project Definition for the Westside Subway Extension Project, which is based on the Locally Preferred Alternative (LPA) of a 9.0 mile Heavy Rail subway project previously designated by the Board in October 2010 and which incorporates several station, alignment and phasing refinements, including:
1. An Initial Construction Segment Interim Terminus extended from Wilshire/Fairfax to Wilshire/La Cienega, to be effectuated in the event that funding can only build less than the full 9-mile project;
2. Station locations and alignments for the westernmost three stations as follows:
a) Century City Station location under Constellation Boulevard at Avenue of the Stars with corresponding subway alignments between Beverly Hills and Westwood;
b) Westwood/UCLA Station under Wilshire Boulevard at Westwood Boulevard with corresponding subway alignment;
c) Westwood/Veterans Administration (VA) Hospital Station south of Wilshire Boulevard between the I-405 Freeway and Bonsall Avenue with corresponding subway alignment.
3. Station entrances and construction staging sites for the seven stations as follows:
a) Wilshire/La Brea Station entrance on the northwest corner with two construction staging sites on the north and south sides of Wilshire Boulevard between La Brea and Detroit Avenue;
b) Wilshire/Fairfax Station entrance on the southeast corner of Wilshire and Orange Grove Avenue
northwest corner (west of Johnie's)with two construction staging sites on the northwest corner and on the south side of Wilshire Boulevard between Orange Grove and Ogden Drive;
c) Wilshire/La Cienega Station entrance on the northeast corner with two construction staging sites on the northeast corner and on the northwest corner of Wilshire Boulevard and Gale Drive;
d) Wilshire/Rodeo Station entrance on the southwest corner of Wilshire Boulevard and Reeves Drive (Ace Gallery site) with two construction staging sites on the southwest corner of Wilshire/Reeves and on the northeast corner of Wilshire/Canon Drive;
e) Century City Station entrance on the northeast corner of Constellation/Avenue of the Stars with two construction staging sites on the northeast corner of Constellation/Avenue of the Stars and on the east corner of Constellation/Century Park East;
f) Westwood/UCLA Station entrances at three locations with a full entrance at UCLA Lot #36 and split entrances on the northwest and southwest corners of Wilshire/Westwood Boulevards and construction staging site on UCLA Lot #36;
g) Westwood/VA Hospital Station entrance on the southeast corner of Wilshire Boulevard and Bonsall Avenue with construction staging sites in the VA Hospital north parking lot, within the Caltrans I-405 right-of-way and within the Westwood Federal Building property. (Continued)
4. Rail Storage and Maintenance Facility expansion of Metro Division 20 located in Downtown Los Angeles and other support facilities including special track work (crossovers, tail tracks, etc.), traction power substations, emergency generators and vent shafts as identified in the FEIS/FEIR volume 3 - Appendices A and B.
Attachment A of the board report shows the Recommended Project Definition Maps including the three construction segments and the seven proposed new stations including the recommended station entrances and construction staging sites.
B. certifying the Westside Subway Extension Final Environmental Impact Statement/Final Environmental Impact Report (FEIS/FEIR). Attachment B of the board report contains the Executive Summary. The full report is available upon request or at www.metro.net/westside.
C. authorizing the Chief Executive Officer to file a Notice of Determination with the Los Angeles County Clerk and State of California Clearinghouse; and
D. adopting the:
1. Finding of Fact and Statement of Overriding Considerations in accordance with the California Environmental Quality Act (CEQA); and
2. Mitigation Monitoring & Reporting Plan.
35. AD HOC CONGESTION PRICING COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION DUE TO CONFLICT authorizing the Chief Executive Officer to:
A. negotiate and execute Amendment No. 2 to Contract No. PS40102178-19-03-01, with Lee Andrews Group, for public education and market research consulting services, in the not-to-exceed amount of $656,000 increasing the Total Contract Amount from $498,966 to $1,154,966; and
B. exercise options in a not-to-exceed amount of $98,000.
41. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED APPROVAL (4-0) AS AMENDED the following actions related to the systemwide State of Good Repair program:
1. The strategy for improving existing and future rail and fixed guideway stations signage and wayfinding, including pedestrian and bicycle connectivity, and customer amenities as directed by the Board in February 2012 (Item 31A);
RECOMMENDATIONS A2, A3 AND A4 WILL BE INCLUDED IN THE FY13 BUDGET:
2. $8,800,000 Life-of-Project (LOP) capital budget in FY13 to overhaul signage at 20 Metro Blue Line stations and park & ride lots. This will be the initial phase of a systemwide State of Good Repair program that will cover Metro Green, Red, Purple, Orange and Gold Lines and commence in FY14;
3. $937,000 in operating costs required for the State of Good Repair program in the FY14 and future budgets;
4. a total of four FTEs to be added in the FY13 budget, two in Countywide Planning and two in Creative Services to develop, implement, and manage the Customer Facilities State of Good Repair program, and advance the recruitment process so that the positions are filled at the start of FY13. An additional two positions will be requested in the FY14 Facilities Maintenance budget to maintain the Customer Facilities; and
B. receiving and filing status report on the efforts to date to address the Board directive. 14
71. RECEIVE Civil Rights Progress Update.
72. APPROVE the following nominees for membership on the San Gabriel Valley Service Council and San Fernando Valley Service Council:
A. Rosie Vasquez, Re-Appointment, San Gabriel Valley Service Council Nominated by: Los Angeles County Supervisor Gloria Molina Term Ending: June 30, 2015
B. Michael Cano, Re-Appointment, San Fernando Valley Service Council Nominated by: Los Angeles County Supervisor Michael Antonovich Term Ending: June 30, 2015
73. CONSIDER the following actions related to the Long Range Transportation Plan financial forecast update:
A. 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 (BABs)/tax exempt bond package that predated the policy.
B. 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 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
C. 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.
74. CONSIDER the following actions related to the Regional Connector Transit Corridor:
A. 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.
B. certifying the Regional Connector Transit Corridor Final Environmental Impact Statement/Final Environmental Impact Report (FEIS/FEIR); Attachment B of the Board report contains the Executive Summary. The full report is available upon request or at www.metro.net/regionalconnector;
C. authorizing the Chief Executive Officer (CEO) to file a Notice of Determination with the Los Angeles County Clerk and State of California Clearinghouse;
D. 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) as modified by the Findings of Fact and Statement of Overriding Considerations;
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 June and August 2012 with the implementation strategy for the above activities, with quarterly reports to the Board thereafter, and throughout the duration of the construction period.
E. 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 Agreement (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 $850,324, increasing the total contract amount from $15,702,178 to $16,552,502; and (Continued)
2. Increase contract modification authority for Contract No. PS4320- 1985 for the amount not to exceed $127,549, increasing the total contract modification authority from $2,071,179 to $2,198,728 to cover the cost of any potentially unforeseen issues that may arise.
75. FASANA MOTION that the MTA Board reconsider Metro position on AB2405 (Blumenfield) – Alternative Fuel Vehicles.
**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