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Regular Board Meeting Agenda*

Location & Date

Metro Board Room, One Gateway Plaza, 3rd Floor, Los Angeles
Thursday, February 26, 2015 9:00 a.m.

Agenda

Call to Order

Directors

Eric Garcetti, Chair
Mark Ridley-Thomas, 1st Vice Chair
John Fasana, 2nd Vice Chair
Michael Antonovich
Mike Bonin
James Butts
Diane DuBois
Jacquelyn Dupont-Walker*
Don Knabe
Paul Krekorian
Sheila Kuehl
Ara J. Najarian
Hilda Solis
Carrie Bowen, non-voting member

Officers

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

SUMMARY OF AGENDA ITEMS
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY

REGULAR BOARD MEETING
THURSDAY, February 26, 2015

CONSENT CALENDAR ITEMS

NON-CONSENT ITEMS

CLOSED SESSION

2

3

56

6

4

 

11

5

 

12

21

 

13

40

 

23

45

 

24

46

 

32

47

 

39

48

 
 

49

 
 

50

 
 

51

 
 

52

 
 

53**

 
 

54**

 
 

55**

 
     
     
     
     
     
     
     
     
     
     

** REQUIRES 2/3 VOTE

1. APPROVE Consent Calendar Items: 2, 6, 11, 12, 13, 23, 24, 32 and 39.

Consent Calendar items are approved by one motion unless held by a Director for discussion and/or separate action.

CONSENT CALENDAR

2. APPROVE Minutes of the Regular Board Meeting held January 29, 2015.

6. FINANCE, BUDGET AND AUDIT COMMITTEE RECOMMENDED (5-0) authorizing the Chief Executive Officer to:

A. establish a bench of printing vendors by executing five-year indefinite delivery/indefinite quantity multiple award agreements with the following vendors effective March 1, 2015, with an aggregate total value not to exceed $1,000,000:

i. Corporate Impressions LA Inc    PS147140650A

ii. Fusion Media                            PS147140650B

iii. Pacific Graphics Int’l (PGI)         PS147140650C

iv. Peaks & Associates                   PS147140650D

v. Maps                                        PS147140650E

B. execute Task or Contract Work Orders under these agreements for outside printing as necessary.

11. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED     (5-0) finding that all 88 cities and the County of Los Angeles are in conformance with the Congestion Management Program for Los Angeles County.

12. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED     (5-0)  authorizing the Chief Executive Officer to approve the submission of two or more project applications for grant funds from California’s Cap-and-Trade Program’s Greenhouse Gas Reduction Fund through the Transit and Intercity Rail Capital Program.

13. PLANNING AND PROGRAMMING COMMITTEE RECOMMENDED     (5-0):

A. approving the funding to Joint Management Council to reflect the programming of funds consistent with the Board approved FY 2014-15 Budget for Capital Improvement Projects (CIP) for Roof, HVAC and Restoration of Los Angeles Union Station:

i. Roof $7,080,000 (CIP 210136)

ii. HVAC $5,376,000 (CIP 210138)

iii. Restoration $8,500,000 (CIP 210139)

B. amending the FY2015 budget to add $7,505,687 to cost center 2210 with Prop C 40% funding to fund these action.

23. SYSTEM SAFETY, SECURITY AND OPERATIONS COMMITTEE RECOMMENDED (3-0) authorizing the Chief Executive Officer to:

A. increase the Life-of-Project budget for the bus replacement project to include the purchase of 350 additional Compressed Natural Gas (CNG) buses for the FY16-18 capital program in the amount of $195,000,000 from $308,442,500 to $503,442,500; and

B. execute Contract Option No. 1 to Contract OP33202869 with New Flyer of America, to purchase 350 additional forty-foot CNG buses for the firm fixed price of $193,979,571, increasing the Total Contract Value from $304,672,769 to $498,652,341 inclusive of sales tax.

CONSENT CALENDAR CONTINUED:

24. SYSTEM SAFETY, SECURITY AND OPERATIONS COMMITTEE RECOMMENDED (3-0) authorizing the Chief Executive Officer to Execute Modification No. 8 to Contract No. OP33442103 for Right-of-Way (ROW) Trash and Vegetation Removal Services to Woods Maintenance Services in the amount of $2,975,000 increasing the not-to-exceed contract value from $14,633,946 to $17,608,946. This contract provides on-going maintenance services throughout Metro properties and ROWs. This modification extends the period of performance through September 30, 2015.

32. CONSTRUCTION COMMITTEE RECOMMENDED (5-0) approving an increase in Contract Modification Authority (CMA) to Contract No. C0984R with DRP National, Inc., for the Lankershim Depot Rehabilitation Project Phase Two, to provide funding for differing site conditions, extra work and plan modifications identified in the amount of $150,000 increasing the current CMA from $332,034 to $482,034. The remaining Life-of-Project (LOP) budget after this action is $123,934.

39. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (4-0):

A. receiving and filing status report addressing FTA Triennial Review Findings;

B. approving one Full Time Equivalent (FTE) position in the Civil Rights Programs Compliance Department to ensure oversight of the Americans with Disabilities Act compliance approximately 80 Metro grant sub-recipients; and

C. approving one FTE position in the Regional Grants Management Department to ensure oversight of all other FTA compliance areas including Procurement and Half Fare compliance of approximately 80 Metro grant sub-recipients. 

END OF CONSENT CALENDAR

NON-CONSENT

3. Chair’s Report.

4. Chief Executive Officer’s Report.

5. FINANCE, BUDGET AND AUDIT COMMITTEE FORWARDED WITHOUT RECOMMENDATION AS AMENDED authorizing the Chief Executive Officer to award a ten-year firm fixed unit rate Contract No. PS189840071403371, to Inland Transportation Services, the highest rated proposer, for program support for the Employer Annual Pass Programs in an amount not to exceed $6,374,722, inclusive of six, one-year options.

The contract amount consists of $2,400,112 for the four-year base period, $630,450 for the first option year, $630,450 for the second option year, $661,012 for the third option year, $661,012 for the fourth option year, $695,843 for the fifth option year, and $695,843 for the sixth option year, for a combined total of $6,374,722.

SOLIS AND GARCETTI AMENDMENT: that the MTA Board directs the CEO to:

A. extend the current EAPP support contract by nine months;

B. examine the benefits and costs associated with additional staff (full-time equivalent, non-contract, part-time, etc.) congruent to historical and projected growth rates of the EAPP, including a detailed overview of potential consequences if staffing levels are not consistent with program growth;

C. conduct a customer satisfaction survey of EAPP clients, including those that chose to no longer participate in the program;

D. utilizing no. 2 and no. 3, recommend an EAPP staffing plan, with an analysis including but not limited to bringing the program in-house, contracting out entirely, or a hybrid approach; and

E. report back on the above at the May 2015 MTA Board meeting.

21. SYSTEM SAFETY, SECURITY AND OPERATIONS COMMITTEE RECOMMENDED (3-0) Garcetti, Dupont-Walker, Knabe and Butts Motion that the Board direct the CEO to evaluate options for improving the connection between the Silver Line and service operating into South Bay communities via the Harbor/Gateway Transit Center, including:

A. direct routing of Silver Line trips into Palos Verdes and San Pedro;

B. improved frequencies on local services, including Lines 246 and 344, for better connections with the Silver Line;

C. timed transfers and improved on time performance to ensure connections are met;

D. evaluation is based on the demand for the connection by time of day and day of week, and address fare pricing implications, resource and other requirements, ridership impacts, and implementation schedule; and

E. report back with the findings on all the above by the June 2015 Regular Board meeting.

40. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (4-0) Garcetti, Ridley-Thomas, Kuehl, Solis, Bonin and Dupont-Walker Motion that the CEO direct staff to report back to the Board with the following items:

A. amendment to MTA’s Joint Development Policy, establishing a goal that in the aggregate, affordable housing units represent 35% of all residential units developed on MTA-owned property;

B. recommended criteria under which MTA would allow proportional discounts to the fair market value of MTA owned property for the purpose of contributing towards the cost of affordable housing;

FURTHERMORE, WE MOVE that the CEO direct staff to:

C. develop a memorandum of understanding with interested local cities and the County of Los Angeles to promote co-investment along transit corridors, such as leveraging municipally-controlled affordable housing and small business dollars for MTA’s Joint Development affordable housing sites;

D. negotiate terms and conditions for the Board’s consideration that reflect MTA’s participation in the collaborative creation of a multi-partner Countywide Transit Oriented Affordable Housing loan fund, and report back to the Board on the following:

1. criteria for eligible joint development projects, including neighborhood serving businesses to be funded by the loan fund;

2. administration of the fund;

3. loan program structure;

E. report back to the Board during the FY2015-16 Budget regarding the feasibility to budget $2 million annually for 5 years, up to $10 million to establish the fund; and

F. work with the affordable housing community to establish a revenue neutral TAP purchase program that provides passes to current and future occupants of MTA joint developments.

45. RECEIVE oral status update on the Project Labor Agreement and Construction Careers policy programs.

46. RECEIVE oral report on ACCESS Services.

NON-CONSENT CONTINUED:

47. CONSTRUCTION COMMITTEE FORWARDED WITHOUT RECOMMENDATION authorizing the CEO to execute Contract Modification No. 52 to Contract No. PS43502000 with Parsons Brinckerhoff Inc. to provide continued advanced preliminary engineering, design for advanced relocation of utilities, engineering support services during the design-build solicitation process, design support services during construction for Section 2 of the Westside Purple Line Extension Project, in an amount not-to-exceed $20,820,226, increasing the total contract value from $131,682,877 to $152,503,103.

48. EXECUTIVE MANAGEMENT COMMITTEE RECOMMENDED (4-0) Garcetti, DuBois and Knabe Motion that MTA Bus Division 3 in Cypress Park be dedicated “Leahy Division 3” to honor the contributions of the Leahy Family to the transportation profession and most importantly to improving the lives of past, present and future travelers within Los Angeles County.

49. PLANNING AND PROGRAMMING COMMITTEE FORWARDED WITHOUT RECOMMENDATION Najarian Motion that all MTA non-contract, non-security positions, including those in process, be placed on hold until the new MTA CEO reviews and approves of such proposed hirings. For the hiring of those positions deemed critical and time-sensitive, approval shall be at the sole discretion of the MTA Ethics Officer.

50. RECEIVE AND FILE report on analysis of latest on-board customer satisfaction survey results including sexual harassment responses. [HANDOUT]

NON-CONSENT CONTINUED:

51. CONSIDER:

A. authorizing the Chief Executive Officer to execute modification No. 2 to Contract No. PS71303218 to provide federal consulting services for a period of 12 months in the amount not to exceed $120,000, increasing the Total Contract Value from $120,000 to $240,000;

B. adding Contract Modification Authority to Contract No. PS71303218 for future changes in the amount of $120,000.

            (CARRIED OVER FROM JANUARY BOARD MEETING)

52. CONSIDER Antonovich and Solis Motion that the MTA Board directs the Inspector General to:

A. conduct research into an appropriate zero-tolerance policy for Red Light violations for our Rail and Bus system and return to the Board in March with such a policy for consideration; and

B. retain an independent consultant with expertise in safety culture and rail operational safety to conduct a review of MTA rail operations and management, including a root cause analysis of the Red Light violations committed over the past two years.

This review must at minimum include an analysis of safety culture, infrastructure issues, operator training, use of efficiency testing, and effectiveness of discipline for both operator and management.

WE FURTHER MOVE that the MTA Board sends a letter to the Administrations of the Federal Transit Administration and Federal Railroad Administration to seek partnerships in working with the MTA to reduce Red Light violations system-wide and to evaluate current policies, conditions, and management structures for flaws and deviations from industry best practices.

NON-CONSENT CONTINUED:

53. CONSIDER:

A. holding a public hearing on the proposed new Resolution of Necessity, including rescission of the previously adopted Resolution of Necessity; and

B. adopting the Resolution of Necessity authorizing the commencement of an eminent domain action to acquire Project Parcel W-1201, 1201-1 (APN 5508-007-024), consisting of the real property for the Purple Line Westside Subway Extension Project.

(REQUIRES 2/3 VOTE OF THE BOARD)

54. CONSIDER:

A. holding a public hearing on the proposed Resolution of Necessity; and

B. adopting the Resolution of Necessity authorizing the commencement of an eminent domain action to acquire permanent tunnel easements, subsurface easements for the installation of grouting pipe, temporary construction easements for staging, sidewalk easements, tieback easements in Parcels RC-418, 418-1, 418-2, 418A, 418A-1, 418A-2, 418A-3, 418A-4, and 418A-5 (APN’s 5151-014-032 and 5151-014-033); consisting of various real property interests for the Regional Connector Transit Corridor Project.

(REQUIRES 2/3 VOTE OF THE BOARD)

NON-CONSENT CONTINUED:

55. CONSIDER:

A. holding a public hearing on the proposed Resolution of Necessity; and

B. adopting a Resolution of Necessity authorizing the commencement of an eminent domain action to acquire a subsurface easement and a grouting easement in Project Parcels RC-449 and RC-449-1 (Assessor Parcel No. 5161-017-009); consisting of the real property for the Regional Connector Transit Corridor Project.

(REQUIRES 2/3 VOTE OF THE BOARD)

END OF NON-CONSENT ITEMS

56. CLOSED SESSION:

A. Conference with Legal Counsel – Existing Litigation – G.C.54956.9(d)(1):

1. Kiewit Infrastructure West Co. f/k/a Kiewit Pacific Company v. LACMTA, LASC Case No. BC545331

2. 515/555 Flower Associates v. LACMTA, LASC Case No. BS137271 and USDC Case No. 2:13-CV-00453-JAK-PLA

3. Kendall Barber v. LACMTA, LASC Case No. BC489725

B. Conference with Legal Counsel – Anticipated Litigation – G.C.54956(d)(4):
(One Case)

C. Public Employment – G.C.54957(b)(1):
Interviews and Considerations of Candidates for Position of CEO

D. Conference with Labor Negotiator – G.C.54957.6:

1. Agency Representative: Don Ott and Duane Martin
Employee Organization: Teamsters

2. Agency Representative: Chair Eric Garcetti and designees
Unrepresented Employee: CEO Candidate(s)

E. Conference with Real Property Negotiator – G.C.54956.8:

1. Property Description: 114 S. Central Avenue, Los Angeles, CA 90012
Agency Negotiator: Velma C. Marshall
Negotiating Party: Fiveplants Associates and Veolia Energy Los Angeles, Inc.
Under Negotiation: Price and Terms

2. Property Description: 111 N. Gale Drive, Beverly Hills, CA 90211
Agency Negotiator: Velma C. Marshall
Negotiating Party: Twinwood, Inc
Under Negotiation: Price and Terms

3. Property Description: 715 West 3rd Street, Los Angeles, CA 90071
Agency Negotiator: Carol A. Chiodo
Negotiating Party: Glen & Hoyt Leisure – Leisure and Carpenter Properties Ltd.
Under Negotiation: Price and Terms

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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