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Regular Board Meeting** Agenda*

Location & Date

Metro Board Room, One Gateway Plaza, 3rd Floor, Los Angeles
Thursday, April 28, 2011 9:00 a.m.

Agenda

Call to Order

Directors

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

Officers

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

 

Pledge of Allegiance

Reading of the Agenda

  1. PRESENTATIONS/SET MATTERS

    S-1. Chair's Report
    S-2. Chief Executive Officer's Report
    • Recognition of Metro Bus Operator Jason Davillier
  1. BOARD OF DIRECTORS ITEM

    BD1. We therefore move that the MTA Board directs the CEO to develop a comprehensive Metrolink Antelope Valley Line Infrastructure Improvement Strategic Plan (Plan).
    In developing this Plan the CEO shall:
    1. work with the CEO of Metrolink to help develop this Plan
    2. develop a budget and identify funds to support this Plan
    3. Use the MTA planning bench where possible to save time in the development of this Plan
    4. Present the full Plan to the Finance and Budget Committee, Planning and Programming Committee and the full Board no later than December 31, 2011, and
    5. Present a full progress report on the Plan at the Planning and Programming Committee and Finance and Budget Committee every two months starting in June 2011.

      This plan will at minimum:
    1. Identify safety improvement upgrades that include but are not limited to the following:
      1. Grade separations
      2. Fencing and gates to secure the ROW
      3. Tunnel upgrades
      4. Video enforcement
      5. At-grade crossing closures
      6. Grade Crossing Enhancements using Metrolink's recommended design practices
    2. Identify operational improvement upgrades that include but are not limited to the following:
      1. Straightening of curved segments
      2. Double-tracking, triple-tracking, etc.
      3. Sidings – new and/or extended
      4. Signal improvements
      5. Crossovers and other special trackwork
      6. Track upgrades
    3. Provide cost estimates and benefits to safety and operations for the upgrades identified in Sections A and B above.
    4. Recommend a proposed prioritization of these projects for implementation based on a sound methodology that takes into account magnitude of existing hazards and risks, safety enhancements and operational performance in relation to cost of improvement.
    5. Identify what improvements would be necessary to provide Metrolink service:
      1. That takes less than one hour between the Antelope Valley and LA Union Station
      2. That takes less than 30 minutes between Santa Clarita Valley and LA Union Station
    6. Evaluate funding that could be used to program these improvements, including but not limited to Measure R 3%, Prop C 10%, Section 190 CPUC Grade Separation Funds and future High Speed Rail funds with the understanding that any programming of funds would require future MTA Board action.
    7. Identify a strategy to implement the run-through tracks at Union Station which enhance service for all Los Angeles-bound Metrolink lines that will run through Union Station and enhance service for all Metrolink lines.
    8. Review how the proposed High Speed Rail segment from Palmdale to Los Angeles would affect these improvements to the Metrolink Antelope Valley Line through timing, funding and compatibility requirements.
    9. Review any potential impact the proposed DesertXPress system, should it one day connect into Palmdale, have on any elements of this plan.

    WE ALSO MOVE that upon presenting the Metrolink Antelope Valley Line Infrastructure Improvement Strategic Plan, the CEO will also propose a plan to work with the Metrolink CEO to develop similar strategic plans for the segments of Metrolink lines that fall within Los Angeles County.

  1. CONSENT CALENDAR ITEMS 1 THROUGH 13

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

  1. APPROVE Minutes of the March 24, 2011 Regular Meeting.

CONSTRUCTION COMMITTEE

  1. CONSTRUCTION COMMITTEE RECOMMENDED (3-0) AUTHORIZING the Chief Executive Officer to:
    1. negotiate and award a 3-year time and material contract under RFP No. PS 100800-2639 with Athalye Consulting Engineering Services, Inc., the highest qualified proposer for Construction Management Services for Highways I, (Sound Walls 5 & 7)for an amount not to exceed $3,700,000 inclusive of two 1 year options;
    2. negotiate and award a 3-year time and material contract under RFP No. PS 100800-2640 with Ghirardelli Associates, Inc., the highest qualified proposer for Construction Management Services for Highways II, (Sound Walls 6 & 8) for an amount not to exceed $3,000,000 inclusive of two 1 year options;
    3. execute individual Task Orders within the Board approved authority; and
    4. negotiate with the next most highly qualified firm(s), until satisfactory contracts can be negotiated, should the CEO be unable to negotiate satisfactory contracts at fair and reasonable prices with the highest qualified proposer(s).
  2. CONSTRUCTION COMMITTEE RECOMMENDED (3-0) AUTHORIZING the Chief Executive Officer to:
    1. negotiate and award a 3-year time and material contract under RFP No. PS 100800-2641 with MARRS Services, Inc. the highest qualified proposer for Construction Management Services for Bus Facilities Capital Projects, for an amount not to exceed $2,500,000 inclusive of two 1 year options;
    2. execute individual Task Orders within the Board-approved authority; and
    3. negotiate with the next most highly qualified firm(s), until satisfactory contracts can be negotiated, should the CEO be unable to negotiate satisfactory contracts at fair and reasonable prices with the highest qualified proposer(s).
  3. CONSTRUCTION COMMITTEE RECOMMENDED (3-0) AUTHORIZING the Chief Executive Officer to:
    1. negotiate and award a 3-year time and material contract under RFP No. PS 100800-2642 with J.L. Patterson & Associates, Inc., the highest qualified proposer for Construction Management Services for Rail Facilities Capital Projects, for an amount not to exceed $2,500,000 inclusive of two 1 year options;
    2. execute individual Task Orders within the Board-approved authority; and
    3. negotiate with the next most highly qualified firm(s), until satisfactory contracts can be negotiated, should the CEO be unable to negotiate satisfactory contracts at fair and reasonable prices with the highest qualified proposer(s).

      CONSTRUCTION COMMITTEE, MEASURE R PROJECT DELIVERY COMMITTEE & PLANNING AND PROGRAMMING COMMITTEE

  4. CONSTRUCTION COMMITTEE RECOMMENDED (3-0); MEASURE R PROJECT DELIVERY COMMITTEE RECOMMENDED (3-0) AND PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-0) AUTHORIZING the Chief Executive Officer to establish a Life of Project (LOP) budget of $75,670,000 to construct four freeway soundwall projects:
    1. Package #5: The I-405 Freeway from Devonshire to Mission Boulevard in the City of Los Angeles in the amount of $28,840,000;
    2. Package #6: The I-405 Freeway from the San Gabriel River to Atherton Street in the City of Long Beach in the amount of $4,620,000;
    3. Package #7: The SR-134 Freeway from Cahuenga Boulevard to Riverside Drive in the cities of Los Angeles and Burbank in the amount of $14,190,000; and
    4. Package #8: The I-605 Freeway from North of Slauson Avenue to South of Obregon Street in the City of Whittier and unincorporated County area in the amount of $28,020,000.
  5. EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED (3-0) ADOPTING the following positions on Federal Legislation:
    1. HR 1123 (Richardson) – SUPPORT
    2. Breaking Down Barriers Initiative – SUPPORT

    FINANCE AND BUDGET COMMITTEE

  6. FINANCE AND BUDGET COMMITTEE RECOMMENDED (3-0) AUTHORIZING the Chief Executive Officer to purchase All Risk Property and Boiler and Machinery insurance policies for all property, at a price not to exceed $2.12 million for the 12-month period effective May 10, 2011 through May 9, 2012.

MEASURE R PROJECT DELIVERY COMMITTEE

  1. MEASURE R PROJECT DELIVERY COMMITTEE RECOMMENDED (3-0):

    1. approving $14.1 million in Measure R Funds for design and construction of (non-capacity) roadway improvements adjacent to the I-5 South (Orange County Line to I-605) project; and
    2. authorizing the Chief Executive Officer to enter into a Memorandum of Understanding with the I-5 Consortium Cities Joint Powers Authority to implement the project.
  2. OPERATIONS COMMITTEE RECOMMENDED (3-0) AUTHORIZING the Chief Executive Officer to enter into reciprocal agreements for mutual support including the California Disaster and Civil Defense Master Mutual Aid Agreement.
  3. OPERATIONS COMMITTEE RECOMMENDED (3-0) AUTHORIZING the Chief Executive Officer:
    1. to award a 21-month sole source, firm fixed price contract to Affiliated Computer Services (ACS) for photo enforcement Operations, Maintenance, and Citation processing servicesfor the Exposition Line for a firm fixed price of $877,800, effective October 1, 2011;
    2. to execute Modification No. 4 to Contract No. SP035 with ACS to provide photo enforcement Operations, Maintenance, and Citation processing services for the Blue Line and Orange Line Phase 1 for a period of two (2) years, and add the Orange Line Phase 2 for a period of one (1) year for a firm fixed price of $2,692,800, increasing the Total Contract Value from $9,569,960 to $12,262,760; and
    3. to execute Modification No. 5 to Contract No. SP037 with ACS to provide photo enforcement Operation, Maintenance, and Citation processing services for the Metro Gold Line Photo Enforcement Program for a period of eight (8) months for a firm fixed price of $475,200, effective November 1, 2012.

    PLANNING AND PROGRAMMING COMMITTEE

  4. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (5-0) APPROVAL of:
    1. the updated Los Angeles County Transportation Improvement Program (TIP) priorities for use in programming funds for fiscal year (FY) 2010 11 to FY 2018 19;

    PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED (4-1) APPROVAL of:
    1. authorizing the Chief Executive Officer, to assign or reassign, when necessary, federal, state and local funds to support Board-approved projects and programs, so long as the priorities of the LACMTA Board approved Long Range Transportation Plan (LRTP) and this report are not changed by the assignment or reassignment;
    2. directing the Chief Executive Officer to report on a monthly basis any exercise of this delegated authority; and
    3. authorizing the Chief Executive Officer to negotiate and execute funding contracts or agreements as needed with Los Angeles County jurisdictions, agencies or other entities to provide funds programmed as authorized, consistent with the priorities of the LRTP and this report.
  5. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED APPROVAL (5-0):
    1. Findings and Statement of Overriding Considerations in accordance with the California Environmental Quality Act (CEQA) for Supplemental Environmental Impact Report (SEIR) prepared by the Metro Gold Line Foothill Extension Construction Authority ("Construction Authority") for the Eastern Operation and Maintenance (O&M) Facility; and
    2. a $264.5 million budget envelope for land acquisition, design, and construction of the O&M facility. Of this amount, MTA will pay 75%, or $198.4 million, of actual expenditures up to the budget envelope using non-Foothill Extension project funds, while the Construction Authority will pay $66.1 million reflecting 25% of the O&M facility cost from their Phase 2A Measure R funds. Should expenditures exceed this amount, the Construction Authority will be responsible for 100% of the cost above the budget envelope. As additional rail lines are constructed (i.e. Gold Line Foothill Extension Phase 2B and Eastside Extension Phase 2), and any additional rail lines in the San Gabriel Valley and nearby each project will provide funding from project fund sources to reimburse MTA's non-project funds used to construct this facility.
  6. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED APPROVAL (5-0) AND MEASURE R PROJECT DELIVERY COMMITTEE FORWARDED TO FULL BOARD WITHOUT RECOMMENDATION DUE TO CONFLICTS AND ABSENCES AUTHORIZING the Chief Executive Officer to:
    1. award and execute:
      1. a firm fixed-price contract No. PS4370-2622 to KOA Corporation in the amount of $4,106,366 for professional services to complete the Alternatives Analysis (AA), Draft Environmental Impact Statement/Report (DEIS/R) and Conceptual Engineering (CE) for the Van Nuys Rapidway project including options for final environmental clearance, and clearance of other near and mid-term bus speed improvements;
      2. contract modifications up to 20% of the contract value to cover the cost of any unforeseen issues that may arise during the AA/DEIS/R and CE; and
    2. negotiate and execute a pass-through agreement with the City of Los Angeles for the installation of pedestrian lighting at selected bus stops along Reseda Boulevard using a Federal Transit Administration (FTA) earmark, contingent upon Los Angeles City Council action to accept the funds.
  1. DISCUSSION ITEMS 14 THROUGH 25  

    1. MEASURE R PROJECT DELIVERY COMMITTEE RECOMMENDED APPROVAL (3-0) AND PLANNING AND PROGRAMMING COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION:
      1. adopting the Arbor Vitae/Bellanca (Site #14) as the Locally Preferred Alternative (LPA) Maintenance Facility Site subject to the close of the public comment period on April 11, 2011;
      2. receiving and filing:
        1. the Crenshaw/LAX Transit CorridorSupplemental Draft Environmental Impact Statement/Recirculated Draft Environmental Impact Report (SDEIS/RDEIR); and
        2. the status report on the preparation of the Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Crenshaw/LAX Transit Corridor Project.
    2. RECEIVE AND FILE this report on the Board-directed Park Mesa Heights Grade Separation Analysis, a special study for the Crenshaw/LAX Transit Corridor Project.
    3. WITHDRAWN: MEASURE R PROJECT DELIVERY COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION RIDLEY-THOMAS MOTION regarding Crenshaw/LAX Transit Corridor: Leimert Park/Vernon Station and Undergrounding Park Mesa Heights.

      I therefore move that the Metro Board:
      1. Redirect monies to fund the inclusion of a Leimert Park/Vernon Station and undergrounding the segment of the alignment from 48th to 59th Streets within the City of Los Angeles, for the Crenshaw/LAX Transit Corridor.
      2. Consider potential funding sources including, but not limited to, Expo Measure R funds for the "substitute project", Measure R Green Line to LAX funds, Arbor Vitae interchange project funds and surplus property sales along the alignment.
      3. Amend the Crenshaw/LAX Transit Corridor project to include the Leimert Park/Vernon Station and undergrounding the segment of the alignment from 48th to 59th Streets as a part of the Base Project.
      4. Authorize, if needed, the release of a supplemental Environmental Impact Statement/Environmental Impact Report.
    4. AD-HOC SUSTAINABILITY COMMITTEE RECOMMENDED APPROVAL (5-0) AS AMENDED:

      O'Connor Motion on Health and Active Transportation Consistent with policies in the Long Range Transportation Plan to develop a multi-modal transportation network throughout Los Angeles County and in conjunction with the development of the Sustainable Communities Planning Framework, Metro shall create an Active Transportation Agenda by November 2011. Included in the agenda will be a description of existing programs and short-term and long-term strategies for leveraging urban design, partnerships and project development to create environments that promote walking and biking, transit use and public health.

      The Active Transportation Agenda should, among other items, report on existing and consider new strategies to:
      • Improve first and last mile connections to transit facilities.
      • Promote walking and biking for short trips to reduce congestion on streets and freeways.
      • Partner with public health, housing, planning and environmental agencies on innovative programs and financing mechanisms.
      • Ensure active transportation options are advanced through the land-use and transportation elements of the Regional Sustainable Communities Strategy.
      • Increase countywide capacity for developing and implementing Safe Routes to School and Safe Routes to Transit programs that target youth, senior and low-income populations whose transportation options are most impacted by community design.
      • Plan and design Metro facilities to promote physical activity and health, through tools like health impact assessments and design guidelines.
      • Ensure the needs of pedestrians and bicyclists are considered and addressed in planning and/or design of projects that Metro funds or implements.
      • Promote the interim and permanent use of Metro-owned right-of-way for active transportation.

    AMENDMENT: Promote through the Call for Projects resource allocation to achieve these goals.

    1. EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED (3-0-1) AS AMENDED adopting the following positions on State Legislation:
      1. SB 214 (Wolk) – Would repeal the infrastructure financing districts requirement of voter approval and authorizes districts, to be in place for 40 years. SUPPORT
      2. SB 582 (Emmerson) – Would authorize a metropolitan planning organization jointly with the local air quality management district to adopt a commute benefit ordinance. SUPPORT NEUTRAL WORK WITH AUTHOR
      3. SB 862 (Lowenthal) – Would establish the Southern California Goods Movement Authority and specify representation on the authority. SUPPORT OPPOSE WORK WITH AUTHOR
      4. SB 693 (Dutton) – Would allow Caltrans to delegate the authority for Pubic Private Partnerships to cities and counties. SUPPORT WORK WITH AUTHOR
      5. SB 907 (Evans) – Would establish Master Plan for Infrastructure Financing and Development Commission. SUPPORT
      6. AB 427 (Pérez) – Would establish a process to reallocate Proposition 1B transit security funds that remain unused and would authorize specified rail operator to be eligible for an additional source of funds. SUPPORT WORK WITH AUTHOR
      7. AB 892 (Carter) – Would extend the authority for Caltrans to participate in a pilot program whereby Caltrans is delegated authority to act under federal environmental laws. SUPPORT
      8. AB 1308 (Miller) – Would allow for continuous appropriations from the Highway Users Tax Account in the Transportation Tax Fund in any year in which the Budget Act has not been enacted by July 1st. SUPPORT
    2. EXECUTIVE MANAGEMENT AND AUDIT COMMITTEE RECOMMENDED APPROVAL (4-0) AS AMENDED of a Small Business Enterprise (SBE) Goal increase from 15% to 25 30% for FY11 and FY12 and SBE Program revisions implementing SB 1341 (Price) small business initiatives and SBE certification process changes.
    3. FINANCE AND BUDGET COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION approving the sale of the MTA's equity share in David Solow's residence for the amount of approximately $141,000.
    4. OPERATIONS COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION authorizing the Chief Executive Officer to award a five year, firm fixed unit rate, Contract No. OP85102554 to Mitsubishi Electric & Electronics USA, Inc. for Metro transit facilities elevator and escalator maintenance and repair services, for an amount not to exceed $44,377,356 inclusive of two one-year options, effective May 1, 2011.
    5. OPERATIONS COMMITTEE RECOMMENDED (3-0):
      1. approving the removal of peak hour bike-on-rail restrictions and directing that staff return with a consistent amendment to the Customer Code of Conduct; and
      2. authorizing the CEO to administratively revise bike rules in the future to reflect Board adopted bicycle policies that do not conflict with the Customer Code of Conduct.

      Directed staff to report back to the April Board Meeting on the impact of this policy change.

    6. CONSIDER APPROVING Motion by Chair Knabe and Director DuBois:
      1. Segments and number of standees per peak-hour: including average length of trip for standees, amount of time currently standing and the potential impact created by the removal of 4-6 additional seats per LRT vehicle.
      2. A plan for the mitigation of vendors/recycling and other activities currently present on the Metro Blue Line.
      3. Bicycle demand on each rail line.
      4. Presentation of alternatives such as "station bikes" or other rental or shared use bikes.
    7. OPERATIONS COMMITTEE FORWARDED TO FULL BOARD WITHOUT RECOMMENDATION DUE TO CONFLICTS AND ABSENCES:
      1. authorizing the Chief Executive Officer to award a seven-year, unit rate, Contract No. PS11064106 to American Reclamation, Inc., the lowest responsive and responsible bidder, for integrated waste management services for an amount not to exceed $6,654,321, effective July 1, 2011; and
      2. approving contract modification authority specific to Contract No. PS11064106 in the amount of $2,000,000 for waste management services for additional bin pick-up service and new MTA facilities which may open during the contract term.
    8. OPERATIONS COMMITTEE FORWARDED TO FULL BOARD receiving and filing response to Villaraigosa, Molina and Wilson Motion for additional information pertaining to past, present and future service changes, part 1.

  2. MISCELLANEOUS

    1. Additions to the agenda which were posted more than 72 hours in advance of the meeting, as indicated on the supplemental agenda.
    2. Consideration of items not on the posted agenda, including: items to be presented and (if requested) referred to staff; items to be placed on the agenda for action at a future meeting of the Committee or Board; and/or items requiring immediate action because of an emergency situation or where the need to take immediate action came to the attention of the Committee subsequent to the posting of the agenda.
    3. Opportunity for members of the public to address the Board on items of interest that are within the subject matter jurisdiction of the Board.

  3. CLOSED SESSION

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

    CS-2 Conference with Legal Counsel - Pending litigation - G.C. 54956.9(a)
    Jose Solis Alvarez v. L.A.C.M.T.A., Case No. BC432126 LACMTA v. Alameda Produce Market, LLC, (VCC Alameda LLC), Case No. S188128

    CS-3 Conference with Labor Negotiator - G.C. 54957.6
    Agency Representative: Richard Hunt and designated staff Employee Organizations: ATU, UTU, TCU, Teamsters

ADJOURNMENT

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