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Regular Board Meeting Agenda*

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Location & Date

Metro Board Room, One Gateway Plaza, 3rd Floor, Los Angeles
Thursday, December 12, 2002 9:30 p.m.

Agenda

Call to order:

Directors:

Hal Bernson, Chair
Zev Yaroslavsky, 1st Vice Chair
Frank Roberts, 2nd Vice Chair
Michael Antonovich
Yvonne Brathwaite Burke
John Fasana
James Hahn
Paul Hudson
Don Knabe
Gloria Molina
Pam O'Connor
Beatrice Proo
Allison Yoh
Doug Failing, Ex Officio

Chief Executive Officer – Roger Snoble
Board Secretary - Michele Jackson
Ethics Officer - Karen Gorman
Interim Inspector General – William Waters
General Counsel - County Counsel

  1. APPROVE Consent Calendar Items: 2, 9**, 10, 17, 18, 19, 20, 21, 25, 27, 33, 34, 35, 36, 40, 41, 42, 43, 44, 45, 46, 47** - Requires 2/3 vote of the Board

    NOTE COMMITTEE AUTHORITY ITEMS: 11, 12, 13, 15, 16, 24, 31, 39

CONSENT CALENDAR

  1. APPROVE Minutes of regular meeting held October 24, 2002.

 

  1. CONSTRUCTION COMMITTEE RECOMMENDED (5-0):
    1. finding that awarding design/build contracts pursuant to Public Utilities Code Section 130242(a) will achieve for the Metro certain private sector efficiencies in the integration of the design, project work and components related to the real property renovation, repair and construction work at Metro facilities in Los Angeles County as defined by the list of projects; and
    2. authorizing the Chief Executive Officer to solicit and award design/build contracts for renovation, repair and construction at Metro facilities pursuant to Public Utilities Code Section 130051.9(c).

      (Requires 2/3 vote of the Board)
  2. CONSTRUCTION COMMITTEE RECOMMENDED (5-0) an increase in Los Angeles Rail Car project budget in the amount of $13,895,329 increasing the total project budget from $201,400,000 to $215,295,329.

 

  1. PLANNING & PROGRAMMING COMMITTEE RECOMMENDED (4-0) adoption of the Conceptual Development Guidelines for the Metro’s Metro Red Line Westlake/MacArthur Park Station joint development site.
  2. PLANNING & PROGRAMMING COMMITTEE RECOMMENDED (5-0) extending the Exclusive Negotiation Agreement with Wilshire Entertainment Center, LLC for 90 days for the development of approximately 2.34 acres of Metro-owned properties located at the Metro Red Line Wilshire/Western Station.
  3. PLANNING & PROGRAMMING COMMITTEE RECOMMENDED (4-1) finding that 88 jurisdictions are in conformance with the Congestion Management Program for Los Angeles County and determining that the City of Industry remains in non-conformance.
  4. PLANNING & PROGRAMMING COMMITTEE RECOMMENDED (5-0) approval of the 2003 Call for Projects Application Package.
  5. PLANNING & PROGRAMMING COMMITTEE RECOMMENDED (4-0):
    1. ratifying the work completed for Contract No. PS-4340-0667 with Parsons Brinckerhoff Quade & Douglas, Inc. for increased level of effort relating to modeling for an amount not to exceed $147,942; and
    2. authorizing the Chief Executive Officer to negotiate and execute Amendment No. 1 to Contract No. PS-4340-0667 with Parsons Brinckerhoff Quade & Douglas, Inc., increasing the cost by an amount not to exceed $215,559 ($147,942 for ratification above and $67,617 for future additional work) increasing the total contract value from $3,684,330 to $3,899,889 AND extending the contract term to December 31, 2003.
  1. FINANCE & BUDGET COMMITTEE RECOMMENDED (4-0) award of five-year fixed rate contracts to:
    1. Banc of America Capital Management, LLC -- PS0252101279A
    2. LM Capital Group, LLC -- PS0252101279B
    3. Pacific Investment Management Co., LLC -- PS0252101279C

      for investment management services effective January 1, 2003 for an amount not to exceed $4,000,000.

 

  1. FINANCE & BUDGET COMMITTEE RECOMMENDED (4-0) approval of Revised Hudson Motion that the Finance & Budget Committee reaffirm the committee summary/description as accurately reflecting the scope of responsibility of the Finance & Budget Committee to:

    Act as focal point for development, review and approval of Metro funding resources, debt structure and expenditures.  Review and approve annual operating and capital budgets, formula allocations, financial plans, programming documents, mid-year budget and financial structure adjustments, and provide guidance to the CFO Board in management of funds.

 

  1. EXECUTIVE MANAGEMENT & AUDIT COMMITTEE RECOMMENDED (3-0) award of a six-year professional services contract to Capital Representation Group for state legislative advocacy services beginning January 1, 2003 for an amount not to exceed $1,287,051 inclusive of two one-year options.
  2. EXECUTIVE MANAGEMENT & AUDIT COMMITTEE RECOMMENDED (3-0) execution of a Memorandum of Understanding with the Riverside County Transportation Commission for rideshare development and support services for Los Angeles County during the second half of FY03 and FY04 for a total amount not to exceed $625,000.
  3. EXECUTIVE MANAGEMENT & AUDIT COMMITTEE RECOMMENDED (3-0) adoption of the proposed policy for the expedited procurement of communications media.
  4. EXECUTIVE MANAGEMENT & AUDIT COMMITTEE RECOMMENDED (3-0):
    1. awarding six (6) five-year contracts for firm fixed-price task orders under Bench Solicitation PS-7140-1285 to the Applied Management & Planning Group, CDSNet, Inc., the Howell Research Group, Nelson/Nygaard Consulting Associates, MSI International and the Strategic Consulting and Research Group, for professional services effective December 1, 2002, for a cumulative total not to exceed $1,477,000, inclusive of two
      one-year options; and
    2. authorizing the Chief Executive Officer to execute Task Orders under these contracts for Market Research Services for a total amount not to exceed $1,477,000 over a 5-year period.
  1. OPERATIONS COMMITTEE RECOMMENDED (4-0) approval as corrected:
    1. scheduling Wednesday, January 15 and Saturday, January 18, 25, 2003 as public hearing dates to receive public comment on the following service changes proposed for implementation in the Metro San Fernando Valley and San Gabriel Valley Sectors:
      • Proposed Bus/Rail Interface Plan for Pasadena Gold Line
      • New Limited Stop Service
      • Other Service changes
    2. publishing the Public Hearing Notice ; and
    3. designating the Chief Executive Officer, or appointees, as the Public Hearing Officers to receive public testimony on these matters.
  2. OPERATIONS COMMITTEE RECOMMENDED (4-0):
    1. approving and certifying the Initial Study/Mitigated Negative Declaration (IS/MND) for the Division 8 Compressed Natural Gas Fueling Facility upgrade to increase CNG fueling capacity;
    2. approving the Division 8 CNG station upgrade;
    3. adopting the recommended Mitigation Monitoring and Reporting Program for the IS/MND; and
    4. authorizing staff to file a Notice of Determination of the IS/MND with the Los Angeles County Clerk.
  3. OPERATIONS COMMITTEE RECOMMENDED (4-0):
    1. amending the FY03 budget to increase the budget for Access Services by $5,000,000 for a maximum Metro funding of $63,601,051;
    2. establishing $61,800,000 as the FY04 budget for Access Services and approving FY04 Paratransit Plan principles;
    3. retaining Access Services as the provider of complementary paratransit services as required by the Americans with Disabilities Act;
    4. adopting the Certificate of Resolution that will allow the Metro to become a member agency of Access Services; and
    5. authorizing the Chief Executive Officer to take action to seek Metro representation on the Access Services Board of Directors and appoint staff to fill that position.
  4. OPERATIONS COMMITTEE RECOMMENDED (3-0) award of a five-year firm fixed unit-rate Contract No. OP-3120-4009 to Island Environmental Services for liquid waste disposal services effective January 1, 2003, for an amount not to exceed $3,282,282 inclusive of two one-year options.
  5. OPERATIONS COMMITTEE RECOMMENDED (3-0) award of a five-year firm-fixed unit-rate Contract No. OP33440662 to Nationwide Environmental Services, the most responsive, responsible bidder to provide power sweeping services for Metro transit facilities and the street running sections of the Metro Blue Line for an amount not to exceed $2,129,032 inclusive of two one-year options and a 10% contingency fund of $212,903 for as-needed services, for a total contract value not to exceed $2,341,935, subject to resolution of protest.
  6. OPERATIONS COMMITTEE RECOMMENDED (3-0) award of a firm fixed-price contract under Bid 08-0223 to Burch Ford, the lowest responsive, responsible bidder for nine 2003 utility trucks for a total price of $428,621, inclusive of sales tax.
  7. EXECUTIVE MANAGEMENT & AUDIT COMMITTEE RECOMMENDED (3-0) approval of YAROSLAVSKY/BURKE MOTION that the Metro work with the preliminary engineering consultant to immediately convene a peer review panel to assess the design specs and standards for the Expo line.  Metro staff should report back during the January committee cycle on the progress made by the peer review panel and the panel’s recommendations should be presented to the Metro Board and incorporated into the preliminary engineering.

    We further move that the Metro staff look at the internal structures of other transit properties that have built successful design/build rail lines and report back to the Board on internal changes that can be made to better implement design/build projects in the future.

    We also move that no new RFPs for consultants or professional services contractors for the Expo line be developed or issued without approval by the Metro Board.
  8. AD HOC SERVICE SECTOR COMMITTEE RECOMMENDED (5-0) approval of the City of La Canada Flintridge’s request to change the city’s membership from the San Fernando Valley Service Sector to the San Gabriel Valley Sector.

APPROVED UNDER COMMITTEE AUTHORITY – Items 11, 12, 13, 15, 16, 24, 31, 39

  1. APPROVED UNDER CONSTRUCTION COMMITTEE AUTHORITY (5-0):
    1. execution of Change Order No. 137 to Contract No. CO326, Universal City Station Freeway Overcrossing and Site Restoration, with Brutoco Engineering and Construction, Inc. to add gravel backfill for Mechanically Stabilized Earth retaining walls in the amount of $406,992 and delete sand backfill in the credit amount of $125,292 for a net amount of $281,700, increasing the total contract value from $35,387,126 to $35,668,826; and
    2. an increase in the Authorization for Expenditure in the amount of $281,700, increasing the AFE from $36,626,816 to $36,908,516.
  2. APPROVED UNDER CONSTRUCTION COMMITTEE AUTHORITY (5-0) execution of Change Order No. 35 to Contract No. P2000, Los Angeles Standard Light Rail Vehicle, with Siemens Transportation Systems, Inc. to replace existing passenger seat upholstery on 26 of the 52 Light Rail Vehicles in the amount of $225,000 increasing the total contract value from $214,559,333 to $214,784,333.
  3. APPROVED UNDER CONSTRUCTION COMMITTEE AUTHORITY (5-0) execution of Change Order No. 39 to Contract No. P2000, Los Angeles Standard Light Rail Vehicle, with Siemens Transportation Systems, Inc. to modify the propulsion system for the 52 Light Rail Vehicles in the amount of $593,278 increasing the total contract value from $214,559,333 to $215,152,611.
  1. PLANNING & PROGRAMMING COMMITTEE RECEIVED AND FILED status report on the completion of the Los Angeles/Ventura Advanced Traveler Information System development.
  2. PLANNING & PROGRAMMING COMMITTEE RECEIVED AND FILED Metro’s Joint Development Work Program.
  1. FINANCE & BUDGET COMMITTEE RECEIVED AND FILED quarterly update on Capital Plan.
  1. EXECUTIVE MANAGEMENT & AUDIT COMMITTEE RECEIVED AND FILED 2002 Legislative Matrix.
  1. OPERATIONS COMMITTEE RECEIVED AND FILED status report on the Safety’s First program and workers’ compensation for the one-year period October 2001 through September 2002.

NON-CONSENT:

  1. Chair’s Report
  2. Chief Executive Officer’s Report
  3. ADOPT the Contractor Debarment and Suspension Ordinance.
  4. AUTHORIZE the Chief Executive Officer to execute the addendum to the 1991 Master Cooperative Agreement with the City of Los Angeles, which incorporates future Bus and Rail Transit Projects and the use of the Design/Build contracts.
  5. CONSTRUCTION COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION with a request for additional language execution of a Master Cooperative Agreement that specifies the roles, responsibilities, and procedures that Metro and CALTRANS will follow in planning, designing and constructing Major Capital (bus and rail) Transit Projects that impact the State Highway system.
  6. CONSTRUCTION COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION with a request for additional language execution of a Design Supplemental Cooperative Agreement that specifies detailed responsibilities and procedures which Metro and CALTRANS will follow in planning and designing the Light Rail Vehicle bridge over the 101 Freeway at Union Station in conjunction with CALTRANS Freeway improvements.
  1. FINANCE & BUDGET COMMITTEE RECOMMENDED (3-0-1) AS REVISED, execution of strategies for locking in refunding savings by adopting resolutions to:
    1. price and deliver $560 million of the Prop A 2003-A refunding bonds, including approval of documents on file with the Board Secretary, using a forward delivery agreement in a negotiated bond sale with an underwriting syndicate consisting of UBS PaineWebber as book-running co-senior manager and Salomon Smith Barney as co-senior manager, with co-managers Chapman & Co., E. J. De la Rosa & Co., M. R. Beal & Co., Ramirez & Co., and Siebert Brandford Shank & Co., LLC, to achieve a goal of 20% minority participation;
    2. enter into a hedging agreement utilizing a rate lock product to mitigate interest rate risk; and
    3. enter into a hedging agreement utilizing an interest rate swap to mitigate interest rate risk.

      Adoption of these resolutions does not commit the Metro to executing any of the transactions.
  1. EXECUTIVE MANAGEMENT & AUDIT COMMITTEE FORWARDED TO THE FULL BOARD WITHOUT RECOMMENDATION award of a six-year professional services contract to Patton Boggs, LLP for federal legislative advocacy services beginning January 1, 2003, in the amount of $3,000,000, inclusive of two one-year options.
  1. AD HOC SERVICE SECTOR COMMITTEE RECOMMENDED (5-0) approval of the Service Sector Council nomination process for incorporation into the Service Sector Governance Policy, AMENDED to eliminate the Selection and Review Committees.
  2. CONSIDER the South Bay Cities Coalition of Governments’ recommendation to nominate the following to serve on the South Bay Sector Governance Council:
    Submitted by:                                            Name
    Inglewood Mayor Dorn                             Curren Price
    MAX                                                        John McTaggard
    PV Transit                                                 Jim Hendrickson
    Torrance Transit                                        Teresa Price
    Council member Janice Hahn                     Lou Mitchell
    City of Carson                                           Margaret Hudson
    Supervisors Burke & Knabe                      Howard Sachar
  3. CONSIDER the San Gabriel Valley Coalition of Governments’ recommendation to:
    1. nominate the following to serve on the San Gabriel Valley Service Sector Council representing the eleven cities with members to serve on a rotating basis starting with the current Interim Joint Powers Authority initially serving staggered terms of 1, 2, 3 year(s):

      San Gabriel:  Harry Baldwin
      Pasadena:  Sid Tyler
      South Pasadena:  David Rose
      San Marino:  Emile Bayle
      Sierra Madre:  Bart Doyle
      Montebello:  Kathy Salazar
      Monterey Park: Sharon Martinez

      two (2) members representing the County Board of Supervisors to be nominated by the LA County Board of Supervisors;
    2. increase the allowed membership on the San Gabriel Service Sector Council from 9 to 10 members, nine voting and one non-voting. (One public member, non-voting to serve as an advisory voice, to be selected by the nine voting members.)
  4. ASSUME AND AUTHORIZE payment of Union Station Gateway’s financial obligations related to the remediation of the Gibson Environmental, Inc. site in Bakersfield.
    (Carried over from October Board Meeting)
  5. AUTHORIZE the Chief Executive Officer to enter into an agreement with the Los Angeles Unified School District (LAUSD) to initiate design and environmental work to reconfigure Ramona Opportunity High School as stated in the Mitigation Monitoring Plan (MMP) for the Eastside Light Rail Transit Project, and to include the Basic Terms and Agreements for a Memorandum of Agreement between the LAUSD and Metro.

    (Carried over from October Planning & Programming Committee)
  6. AUTHORIZE the Chief Executive Officer to negotiate and execute:
    1. Interim Contract No. PS2610LASD with the County of Los Angeles for Los Angeles County Sheriff Department transit policing services for a period of performance not to exceed seven (7) months beginning December 1, 2002, for a contract value not to exceed $12,288,442; and
    2. Interim Contract No. PS2610LAPD with the City of Los Angeles for Los Angeles Police Department transit policing services for a period of performance not to exceed seven (7) months beginning November 23, 2002, for a contract value not to exceed $15,008,446.
  7. CLOSED SESSION:
    1. Conference with Legal Counsel – Existing Litigation – G.C. 54956.9(a):
      1. Labor/Community Strategy Center v. Metro CV94-5936 TJH
    2. Conference with Legal Counsel - Anticipated Litigation - G.C. 54956.9 (b):

      One case
    3. Initiation of litigation – G.C. 54956.9(c)

      One Case
    4. Conference with Labor Negotiator – G.C. 54957.6:
      Agency Negotiators:             Roger Snoble and Brenda Diederichs
      Employee Organizations:   Amalgamated Transit Union and Engineers and Architects Association

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 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 Board subsequent to the posting of the agenda.

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

ADJOURNMENT

 

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