Call to Order. Roll Call

Transcription

1 Minutes of the Meeting of the Orange County Transportation Authority Orange County Service Authority for Freeway Emergencies Orange County Local Transportation Authority Orange County Transit District Board of Directors November 22, 2010 Call to Order The November 22, 2010, regular meeting of the Orange County Transportation Authority and affiliated agencies was called to order by Chairman Amante at 9:00 a.m. at the Orange County Transportation Authority Headquarters, Orange, California. Roll Call Directors Present: Jerry Amante, Chairman Patricia Bates, Vice Chair Arthur C. Brown Peter Buffa Bill Campbell Carolyn Cavecche William J. Dalton Richard Dixon Paul Glaab Don Hansen Allan Mansoor John Moorlach Shawn Nelson Janet Nguyen Curt Pringle Miguel Pulido Gregory T. Winterbottom Cindy Quon, Governor s Ex-Officio Member Also Present: Directors Absent: Will Kempton, Chief Executive Officer Darrell Johnson, Deputy Chief Executive Officer Laurena Weinert, Assistant Clerk of the Board Mary Burton, Deputy Clerk of the Board Kennard R. Smart, Jr., General Counsel Members of the Press and the General Public None

2 Invocation Chairman Amante provided the invocation. Pledge of Allegiance Director Pulido led the Board and audience in the Pledge of Allegiance. Special Calendar 1. Farewell to Outgoing Board Members Chairman Amante presented Orange County Transportation Authority Resolutions of Appreciation Nos , , and to Directors Dixon, Mansoor, and Pringle for their service on the OCTA Board of Directors. 2. Presentation of Resolutions of Appreciation for Employees of the Month for November 2010 Chairman Amante presented Orange County Transportation Authority Resolutions of Appreciation Nos , , to Steve Morales, Coach Operator; Chi Song Hong, Maintenance; and Paul Rumberger, Administration, as Employees of the Month for November Special Recognition for Thirty Years of Safe Driving Chairman Amante presented a check to Coach Operator James Holmes in recognition for his having achieved thirty years of safe driving. 4. Adopt Resolutions of Necessity for the Kraemer Boulevard Railroad Grade Separation Project General Counsel, Kennard R. Smart, Jr., provided opening comments for this item and reminded the Board that the vote on this issue would require a two-thirds vote (12 Members) in order to approve the recommendation. Mr. Smart stated that the issues that would need to be satisfied for Members to approve the recommendation. Mr. Smart emphasized that the economic consideration that will be paid, assuming that the properties are acquired, is not an issue before the Board at this time. Revised resolutions were distributed for Resolution Numbers and Mr. Smart indicated that the reason for the revised resolutions is that Section 9 is revised. 2

3 4. (Continued) Tom Bogard, Director of Highway Project Delivery, provided a presentation on this item and explained details of the project, the proposed undercrossing, and the status of right-of-way issues. Mr. Bogard further explained changes and relocations of the existing utilities. A motion was made by Director Pringle, seconded by Director Campbell, and declared passed by those present, to adopt Resolutions of Necessity Nos , , and , and authorize and direct general counsel to prepare, commence, and prosecute proceedings in eminent domain for the purpose of acquiring necessary right of way and real property interests for the Kraemer Boulevard Railroad Grade Separation Project. Director Nguyen was not present to vote on this matter. Consent Calendar (Items 5 through 29) Chairman Amante announced that members of the public who wished to address the Board of Directors regarding any item appearing on the agenda would be allowed to do so by completing a Speaker s Card and submitting it to the Clerk of the Board. Orange County Transportation Authority Consent Calendar Matters 5. Approval of Minutes passed by those present, to approve the minutes of the Orange County Transportation Authority and affiliated agencies' regular meeting of November 8, Conflict of Interest Code and Annual Statement of Economic Interests Filing for 2010 Director Campbell pulled this item and stated that the recommendations do not address how OCTA will inform employees on the guidelines for filling out the Statement of Economic Interests forms. He stated that in a recent internal audit, it was indicated that employees were not clear on those instructions. General Counsel, Kennard R. Smart, Jr., responded that his office will provide additional training to employees in order to insure they are clear on how to file the Form

4 6. (Continued) A motion was made by Director Campbell, seconded by Director Winterbottom, and declared passed by those present, to: A. Approve the amended designated positions and disclosure categories for the Orange County Transportation Authority Conflict of Interest Code and direct staff to forward them to the reviewing body, the Orange County Board of Supervisors. B. Direct the Clerk of the Board to distribute and monitor Statements of Economic Interests for for Members of the Board of Directors, the Chief Executive Officer, and certain designated employees, and to file those statements with the Clerk of the Orange County Board of Supervisors by April 1, Orange County Transportation Authority 2011 State and Federal Legislative Platforms Director Campbell pulled this item and commented that the Federal Legislative Platforms were put together before the elections in November, and now it seems clear that the Republican House is not going to accept earmarks, and the Republicans have gone on record saying no earmarks for two years, yet the platform indicates OCTA is requesting earmarks. Director Campbell asked how that will be reconciled with the political realities. Kris Murray, Executive Director of Government Relations, responded that this has been historically in the platform and even though earmarks may not be a specific line item, it is likely that there will be some type of authorizing and staff wanted to continue the focus on specific project requests and funding levels. She stated staff is open to any amendments or language the Board may feel would make them more comfortable. Director Campbell stated that his concern is that a Member of Congress may interpret this as staff demanding earmarks, and it may cause an irritation. Richard Bacigalupo, Manager of Federal Relations, stated that staff would bring in due course each January a list of appropriations requests. He stated that this January, that will not be the case, so this will not be an upset to Congressional Members. 4

5 7. (Continued) A motion was made by Director Campbell, seconded by Director Brown, and declared passed by those present, to: A. Adopt the Orange County Transportation Authority 2011 State and Federal Legislative Platforms, with the exception of sponsoring legislation regarding the Orange County Taxi Administration Program to authorize an employer pull notice program pending the receipt of additional related information. B. Direct staff to distribute the adopted platforms to elected officials, advisory committees, local governments, affected agencies, the business community, and other interested parties. 8. Performance Evaluation of Sacramento Legislative Advocate, Sloat Higgins Jensen & Associates passed by those present, to receive and file the staff evaluation as an information item and provide any additional comments. 9. State Legislative Status Report of Legislation Enacted in 2010 passed by those present, to receive and file as an information item. 10. Fiscal Year Comprehensive Annual Financial Report, 91 Express Lanes Fund Financial Statements, and 91 Express Lanes Fund Franchise Agreement Report passed by those present, to receive and file as an information item Express Lanes Back-Office Software and Contract Amendment passed by those present, to authorize the Chief Executive Officer, or his designee, to execute Amendment No. 5 to Cooperative Agreement No. C between the Orange County Transportation Authority and Cofiroute USA, LLC, in the amount of $3,356,000, for six months of continued management and operational services for the 91 Express Lanes through July 2, Chairman Amante and Director Nelson recused themselves from voting on this item, citing the Levine Act. 5

6 12. Agreement for Traffic Signal Synchronization Implementation passed by those present, to authorize the Chief Executive Officer to execute Agreement No. C between the Orange County Transportation Authority and Iteris, Inc., in an amount not to exceed $1,773,863, for traffic engineering consultant services through June 30, Transit System Study Framework and Approach passed by those present, to receive and file as an information item. 14. Proposed Cooperative Agreement with City of Irvine for Proposition 116 Replacement Funds Staff pulled this item for discussion, and Kurt Brotcke, Director of Strategic Planning, addressed the Board and referenced a separate transmittal that was provided earlier, Revised Attachment A. Mr. Brotcke provided background on this agreement with the City of Irvine, which essentially is a revenue agreement, where the City released claim on $121.3 million of State Proposition 116 funds. In return, the City was looking for consideration of match reduction as part of the Measure M competitive transit programs up to $121.3 million. Mr. Brotcke stated that there has been development of a rubber-tire component of the Measure M program and is awaiting OCTA s systemwide transit study, and policy recommendations will come to the Board after the completion of that study. Mr. Brotcke reported that the City of Irvine is interested in moving forward in terms of funding the ishuttle with a portion of these funds that would have come to them, and this agreement was crafted in that regard to essentially give the City funding for the ishuttle project over a 30-year period. Meetings and discussions were subsequently held with the involved Committees and certain issues were resolved. A motion was made by Director Campbell, seconded by Director Buffa, and declared passed by those present, to: A. Authorize the Chief Executive Officer to negotiate and execute Agreement No. C with the City of Irvine. B. Authorize the Chief Executive Officer to negotiate and execute letter agreement No. 1, in an amount not to exceed $770,000, for fiscal year C. Amend the fiscal year budget, Account D2140-F93, to include $770,000 for the City of Irvine for operation of the ishuttle. Irvine Mayor Kang thanked the Board for their support on this matter. 6

7 15. Consultant Selection For Health Insurance Brokerage Services passed by those present, to authorize the Chief Executive Officer to execute Agreement No. C between the Orange County Transportation Authority and Alliant Insurance Services, in an amount not to exceed $210,000, for health insurance brokerage services, from December 1, 2010 to November 30, 2013, with two one-year option terms Express Lanes Property Insurance Renewal passed by those present, to authorize the Chief Executive Officer to issue Purchase Order A18577 with Marsh Risk and Insurance Services, Inc., in an amount not to exceed $500,000, for the purchase of property, flood, and earthquake insurance for the period of March 1, 2011 to March 1, Orange County Transit District Consent Calendar Matters 17. Transfer Two Gasoline-Electric Hybrid Buses to Long Beach Transit passed by those present, to approve the transfer of vehicle titles and Federal Transportation Administration interest in two gasoline-electric hybrid vehicles to Long Beach Transit. 18. Contractor Selection for Bus Ridership Data Collection Services This item was continued to the December 9 Transit Committee meeting and the December 13 Board meeting for further discussion. 19. Bus Stop Maintenance Update passed by those present, to receive and file as an information item. 20. Amendment to Cooperative Agreement with the Anaheim Transportation Network for Lease of Vehicles and Vehicle Maintenance Director Moorlach pulled this item and referenced Item 17, as well, with his comments. He inquired if these items were part of a plan to address the excess buses OCTA currently has. Erin Rogers, Assistant General Manager of Transit, stated that the buses being sent to Long Beach were part of the contingency fleet and were not considered as part of the active fleet. 7

8 20. (Continued) Ms. Rogers stated that it is necessary to submit a plan to the Federal Transit Administration showing how the spares ratio will be reduced to 20 percent and this agreement will help to achieve that. A motion was made by Director Moorlach, seconded by Director Campbell, and declared passed by those present, to authorize the Chief Executive Officer to execute Amendment No. 2 to Cooperative Agreement No. C between the Orange County Transportation Authority and the Anaheim Transportation Network, for a revenue agreement to lease foot liquefied natural gas buses and to include the provision of maintenance and fueling by the Orange County Transportation Authority for these leased vehicles for a four-year term, with two one-year option terms. Orange County Local Transportation Authority Consent Calendar Matters 21. Measure M2 Project P (Regional Traffic Signal Synchronization Program) Funding Guidelines Director Moorlach pulled this item and inquired if successful synchronization has been completed in the County. Kurt Brotcke, Director of Strategic Planning, cited the Alicia Parkway and Beach Boulevard projects as successful models of this program. A motion was made by Director Moorlach, seconded by Vice Chair Bates, and declared passed by those present, to: A. Approve the Project P (Regional Traffic Signal Synchronization Program) funding guidelines for eligible signal synchronization projects. B. Authorize staff to issue a call for projects for Project P for ten corridor projects, in an amount not to exceed $10,000, Measure M Quarterly Progress Report Director Campbell pulled this item and asked why there is a difference in numbers in rates of growth between Measure M and Prop 172. He then requested staff work with the County for a comparison of Prop 172 versus Measure M in regards to forecasted growth rates. Director Campbell referred to Attachment C in this report and referenced excess in various accounts and asked if the percentages will be trued up and what will be done with the excesses. 8

9 22. (Continued) Kia Mortazavi, Executive Director of Planning, responded that staff is working to make the program meet the target of March 31, 2011, and making sure all the programs line up. He assured the Board that the numbers will match, and the percentages will be met. A motion was made by Director Campbell, seconded by Director Brown, and declared passed by those present, to receive and file as an information item. 23. Measure M2 Progress Report for July 2010 through September 2010 passed by those present, to receive and file as an information item. 24. Measure M2 Triennial Performance Assessment Status Report passed by those present, to receive and file as an information item. 25. Approval to Release a Request for Proposals for the Preparation of a Project Study Report/Project Development Support for the San Diego Freeway (Interstate 405) passed by those present, to: A. Approve the proposed evaluation criteria and weightings for Request for Proposals for selection of consultant services. B. Approve the release of Request for Proposals for preparation of a Project Study Report/Project Development Support for the San Diego Freeway (Interstate 405) between the Santa Ana Freeway (Interstate 5) and the Costa Mesa Freeway (State Route 55). 26. Consultant Selection for Professional Services for the Measure M2 Environmental Cleanup Tier 2 Grant Program passed by those present, to authorize the Chief Executive Officer to execute Agreement No. C between the Orange County Transportation Authority and Geosyntec Consultants to provide services for the Measure M2 Environmental Cleanup Tier 2 Grant Program, in an amount not to exceed $425,000. Vice Chair Bates and Directors Buffa and Nelson recused themselves from voting on this item, citing the Levine Act. 9

10 27. Consultant Selections for On-Call Environmental Services for Highway, Rail, and Transit Projects passed by those present, to authorize the Chief Executive Officer, or his designee, to execute, the following agreements, in an aggregate amount not to exceed $3,500,000, for on-call environmental services for highway, rail, and transit projects. Agreement No. C between the Orange County Transportation Authority and Ninyo & Moore Agreement No. C between the Orange County Transportation Authority and Kleinfelder Agreement No. C between the Orange County Transportation Authority and TRC Solutions, Inc. Agreement No. C between the Orange County Transportation Authority and Geosyntec Consultants Agreement No. C between the Orange County Transportation Authority and E2 ManageTech, Inc. Agreement No. C between the Orange County Transportation Authority and Mactec Engineering and Consulting, Inc. Vice Chair Bates and Directors Cavecche and Nelson recused themselves from voting on this item, citing the Levine Act. 28. Agreement for Installation of Security Fencing Along the Railroad Right-of-Way in the City of Tustin passed by those present, to authorize the Chief Executive Officer to execute Agreement No. C between the Orange County Transportation Authority and FenceCorp, Inc., the lowest responsive, responsible bidder, in an amount not to exceed $71,550, for installation of security fencing along the railroad right-of-way in the City of Tustin. 10

11 29. Consultant Selection for Professional Services for the Costa Mesa Freeway (State Route 55) Improvement Project passed by those present, to: A. Approve the selection of HDR Engineering, Inc., as the top-ranked firm to prepare the environmental document and project report for the Costa Mesa Freeway (State Route 55) Improvement Project between the San Diego Freeway (Interstate 405) and the Santa Ana Freeway (Interstate 5). B. Authorize the Chief Executive Officer, or his designee, to request a cost proposal from HDR Engineering, Inc., and negotiate an agreement for the firm s services. C. Authorize the Chief Executive Officer, or his designee, to execute Agreement No. C between the Orange County Transportation Authority and HDR Engineering, Inc., to prepare the environmental document and project report for the Costa Mesa Freeway (State Route 55) Improvement Project between the San Diego Freeway (Interstate 405) and the Santa Ana Freeway (Interstate 5). Vice Chair Bates and Directors Cavecche and Nelson recused themselves from voting on this item, citing the Levine Act. Regular Calendar Orange County Transportation Authority Regular Calendar 30. Contracts for Federal Legislative Advocacy and Consulting Services Kris Murray, Executive Director of Government Relations, provided background and an update on the reasons for this procurement, the process used, and the interviews conducted. Richard Bacigalupo, Manager of Federal Relations, provided further information on the procurement process. Director Buffa stated that at Committee, an increase in the contract amount from $18,000 to $20,000 per month was approved for Potomac Partners and was felt to be necessary so as to obtain the services of Alan Wheat, who has excellent contacts and access in D.C. 11

12 30. (Continued) Further discussion followed, during which Members explained their support for these contracts, and reasons for making changes from the previous advocacy team. A motion was made by Director Winterbottom, seconded by Director Glaab, and declared passed by those present, to: A. Authorize the Chief Executive Officer to approve contracts with Potomac Partners DC in the amount of $20,000 per month, and Brownstein Hyatt Farber Schreck, LLP in the amount of $17,000 per month, for the period of January 1, 2011, to December 31, B. Direct staff to provide a scope of work and expectations to support the additional $2,000 above the evaluation committee s original recommended contract amount of $18,000 for Potomac Partners. 31. Measure M2 Financing Documents Vice Chair Bates abstained from participating in the discussion and vote on this item and left the dais, citing a financial conflict. Kirk Avila, Treasurer and General Manager of the 91 Express Lanes, presented background, information on proposed bond structure, debt coverage, and sources and uses of funds as part of these documents, as well as next steps. Director Campbell reported that he and OCTA representatives met with Fitch Ratings, Moody s Investor Services, and Standard and Poor s in New York on November 19, 2010, to discuss the upcoming Measure M2 bond financing. A motion was made by Director Buffa, seconded by Director Campbell, and declared passed by those present, to: A. Approve the issuance and sale of Measure M2 sales tax revenue bonds and authorize the Chairman, Vice-Chairman, Chief Executive Officer, Executive Director of Finance and Administration, and Treasurer of the Orange County Transportation Authority to sign all documents on behalf of the Orange County Local Transportation Authority. B. Adopt Resolution No and approve the form of the required financing documents necessary for the Orange County Local Transportation Authority to proceed with the issuance and sale of Measure M2 sales tax revenue bonds. C. Approve the use of $75 million in Measure M2 sales tax revenue bonds to repay a portion of the outstanding tax-exempt commercial paper notes and amend Resolution No to reduce the tax-exempt commercial paper notes principal from an authorized amount of $400 million to $50 million. 12

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14 31. (Continued) D. Amend the fiscal year budget by $2,200,000, to account for the interest payment due February 15, 2011, and approve a total of $425,000 in cost of issuance expenses for bond counsel services, financial advisory services, rating fees, trustee services, and other miscellaneous expenses related to the issuance and sale of Measure M2 sales tax revenue bonds. Director Pulido was not present to vote on this item. 32. Measure M2 Project S Programming Recommendations Kurt Brotcke, Director of Strategic Planning, provided an update on this project and reviewed the recommendations. A brief discussion followed, and a motion was made by Director Hansen, seconded by Director Dixon, and declared passed by those present, to: A. Approve the allocation of $14,828,000 in federal Section 5307 formula funds and $1,853,500 in Measure M2 Project S (Transit Extensions to Metrolink) funds to the City of Anaheim for fiscal year B. Approve the allocation of $4,433,360 from federal Section 5307 formula funds and $554,170 from Measure M2 Project S (Transit Extensions to Metrolink) funds to the City of Santa Ana for fiscal year C. Authorize staff to prepare and submit any necessary programming documents and Federal Transit Administration grants, including amendments to the Federal Transportation Improvement Program. Director Pulido was not present to vote on this item. Discussion Items 33. Bicycle Mobile Device Application Preview Ryan Armstrong, Senior Web Developer, provided a web demonstration on this application, which the Orange County Transportation Authority and the City of Anaheim have partnered to develop. This is an iphone application that features a bicycle trip planner, interactive bikeways map, and personalized route generator. Mr. Armstrong provided a preview of the features of this application, which will be coming soon. Director Campbell inquired as to the cost to OCTA for this development, and Mr. Armstrong responded there is no cost to OCTA. Director Pringle stated that the City of Anaheim has put in approximately $10,

15 34. Chief Executive Officer's Report Chief Executive Officer, Will Kempton, reported: Federal Railroad Administration Deputy Administrator, Karen Rae, came to Orange County last week and had a tour of the Orange County rail system, and discussed potential high-speed rail; The State Route 91 eastbound lane is complete and a completion ceremony event will be held on December 2; Upcoming meetings and events; OCTA received recent awards for the Best Use of Mobile Marketing for the Text4Next Program and for the Interstate 405/Interstate 605 High-Occupancy Vehicle Connector Project of the Decade. 35. Directors Reports Director Mansoor expressed his appreciation for his time on the Board and staff s assistance over the years. Director Brown reported that the Metrolink Board last Friday authorized the purchase of 20 additional rail cars which are equipped with crash energy management. An analysis was requested as to what will be done with the Bombardier cars. He added that at the request of Vice Chair Bates, the LOSSAN Board has designated an Executive Committee, made up of the President, Vice President, one representative each from the north and the south corridors, and the immediate Past President. Director Winterbottom expressed his appreciation to the outgoing Board Members and thanked them for their past support. Vice Chair Bates and Director Buffa thanked the outgoing Board Members for their work on the Board and their past support. Director Dixon stated that it has been an honor to serve on this Board. Director Campbell reported that at the last Finance and Administration Committee meeting, Internal Audit provided a follow-up report on the issue of overtime payments on the State Route 22 project. Director Campbell stated that the actual timecards presented assured Members that the contractors worked the time required and are in compliance with their taking of lunch breaks. Chairman Amante and Directors Campbell, Dalton, and Glaab thanked the outgoing Members for their dedication and service to OCTA. 15

16 36. Public Comments Chairman Amante announced that members of the public who wished to address the Board of Directors regarding any item appearing on the agenda would be allowed to do so by completing a Speaker s Card and submitting it to the Clerk of the Board. Public comments were heard from: Bev Perry, representing the Hills for Everyone, stated that she appreciated OCTA for taking an extraordinary approach to environmental mitigation and engaging the environmental community as it has. She wanted to insure the Board was aware of the Hills group s support of the acquisition of the Hayashi Property, adjacent to Chino Hills State Park. She stated that the Hills group has matching funds which can be used to acquire this property. Curtis Gamble, representing the homeless, advocated for transportation for homeless individuals who need it. Director Winterbottom reiterated that this Board cannot give individuals gift of bus passes and assured Mr. Gamble that OCTA would do what it could to assist. 37. Closed Session Public comment was heard from Melanie Schlotterbeck, representing the Environmental Coalition, thanked the leadership and expressed her appreciation on how this process has been developed. A Closed Session was held pursuant to Government Code Section to discuss the price and terms of payment for the acquisition of the following real properties. The negotiators for OCTA are Monte Ward and Dan Phu. The negotiators for the real properties are as specified: 16

17 37. (Continued) Real Property Geographic Area Assessor s Parcel Number Owner s Negotiator Acreage Ferber Ranch Trabuco , , Jennifer Robertson Trabuco Canyon, LLC 444 Hayashi Brea , 09, 11, 12, 13 Leo Hayashi 298 Holtz Ranch (CCRC Farms LLC) Cleveland Nat'l Forest , , , , , , , Brad Schnepf MacPherson Cleveland Nat'l Forest , Craig MacPherson Mitchell Properties West Trabuco Steven U. Parker O'Neill Oaks Trabuco , Jeff Pack O Neill Oaks 136, LLC Saddle Creek South Trabuco , 08, 14, 18, 19 Michael Eadie Rutter Santiago, LP

18 37. (Continued) Saddleback Meadows Saddleback Valley Christian School Trabuco /09; /51; William Fleissig /58; /45; /57; /44; /46; /37; /41; /37; /11; /42; /25; /34; /62; /57; /34; /37 San Juan through 57 Ed Carney Capistrano Saddleback Valley Christian School Siena Summit Laguna Niguel , , Barry Hon Siena Summit, LP 54 Sky Ranch Trabuco , 05, 07, 08 and , 05, 08, 09 Michael Eadie Rutter Santiago, LP Takahashi (Baker Square LLC) Cleveland Nat'l Forest , Carl Reinhart 642 The Hafen Estates Trabuco Thomas Hafen 49 Watson Trabuco and 11 Michael Eadie Rutter Santiago, LP

19 37. (Continued) A report out of this Closed Session was made and Chairman Amante announced the Board s action, stating: A. The Board of Directors authorized the Chief Executive Officer to negotiate and execute agreements with owners for specified real property interests considered by the Board of Directors today, in order to acquire real property interests for the Measure M2 Freeway Environmental Mitigation Program, in a total amount not to exceed $42 million. B. OCTA will accept applications submitted no later than January 14, 2011, by property owners for possible acquisition by OCTA of other real property interests for the Measure M2 Freeway Mitigation Program, as part of the property interests to be acquired by OCTA, in a total amount not to exceed $42 million. Directors Dixon, Nguyen, and Pulido were not present for the Closed Session. 38. Adjournment The meeting adjourned at 12:30 p.m. The next regularly scheduled meeting of this Board will be held at 9:00 a.m. on Monday, December 13, 2010, at Orange County Transportation Authority Headquarters. ATTEST Laurena Weinert Assistant Clerk of the Board Jerry Amante OCTA Chairman 19