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Approval of Minutes - Orange County Transportation Authority

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Call to Order<br />

<strong>Minutes</strong> <strong>of</strong> the Meeting <strong>of</strong> the<br />

<strong>Orange</strong> <strong>County</strong> <strong>Transportation</strong> <strong>Authority</strong><br />

<strong>Orange</strong> <strong>County</strong> Service <strong>Authority</strong> for Freeway Emergencies<br />

<strong>Orange</strong> <strong>County</strong> Local <strong>Transportation</strong> <strong>Authority</strong><br />

<strong>Orange</strong> <strong>County</strong> Transit District<br />

Board <strong>of</strong> Directors<br />

February 14, 2011<br />

The February 14, 2011, regular meeting <strong>of</strong> the <strong>Orange</strong> <strong>County</strong> <strong>Transportation</strong> <strong>Authority</strong><br />

and affiliated agencies was called to order by Chair Bates at 9:05 a.m. at the<br />

<strong>Orange</strong> <strong>County</strong> <strong>Transportation</strong> <strong>Authority</strong> Headquarters, <strong>Orange</strong>, California.<br />

Roll Call<br />

Directors Present: Patricia Bates, Chair<br />

Paul Glaab, Vice Chair<br />

Jerry Amante<br />

Don Bankhead<br />

Peter Buffa<br />

Bill Campbell<br />

Carolyn Cavecche<br />

Larry R. Crandall<br />

William J. Dalton<br />

Don Hansen<br />

Peter Herzog<br />

John Moorlach<br />

Shawn Nelson<br />

Janet Nguyen<br />

Miguel Pulido<br />

Tom Tait<br />

Gregory T. Winterbottom<br />

Cindy Quon, Governor’s Ex-Officio Member<br />

Also Present: Will Kempton, Chief Executive Officer<br />

Darrell Johnson, Deputy Chief Executive Officer<br />

Wendy Knowles, Clerk <strong>of</strong> the Board<br />

Laurena Weinert, Assistant Clerk <strong>of</strong> the Board<br />

Kennard R. Smart, Jr., General Counsel<br />

Members <strong>of</strong> the Press and the General Public<br />

Directors Absent: None


Invocation<br />

Director Amante provided the invocation.<br />

Pledge <strong>of</strong> Allegiance<br />

Vice Chair Glaab led the Board and audience in the Pledge <strong>of</strong> Allegiance.<br />

Special Calendar<br />

1. Presentation <strong>of</strong> Resolutions <strong>of</strong> Appreciation for Employees <strong>of</strong> the Year<br />

for 2010<br />

Chair Bates presented <strong>Orange</strong> <strong>County</strong> <strong>Transportation</strong> <strong>Authority</strong> Resolutions <strong>of</strong><br />

Appreciation Nos. 2011-001, 2011-002, 2011-003 to Bernard Lopez,<br />

Coach Operator; Jesus Partida, Maintenance; and Marissa Espino, Administration,<br />

as Employees <strong>of</strong> the Year for 2010.<br />

2. Presentation <strong>of</strong> Resolution <strong>of</strong> Appreciation for Freeway Service Patrol<br />

Operator <strong>of</strong> the Year<br />

Chair Bates presented <strong>Orange</strong> <strong>County</strong> <strong>Transportation</strong> <strong>Authority</strong> Resolution <strong>of</strong><br />

Appreciation No. 2011-007, to Brad Curell, Freeway Service Patrol Operator, for<br />

the Year 2010.<br />

Consent Calendar (Items 3 through 19)<br />

Chair Bates announced that members <strong>of</strong> the public who wished to address the Board <strong>of</strong><br />

Directors regarding any item appearing on the agenda would be allowed to do so by<br />

completing a Speaker’s Card and submitting it to the Clerk <strong>of</strong> the Board.<br />

<strong>Orange</strong> <strong>County</strong> <strong>Transportation</strong> <strong>Authority</strong> Consent Calendar Matters<br />

3. <strong>Approval</strong> <strong>of</strong> Board Member Travel<br />

Chair Bates pulled this item and requested clarification <strong>of</strong> the meetings in which<br />

Director Buffa would be participating while in Washington, D.C.<br />

Director Buffa answered that he will be attending meetings for a combination <strong>of</strong><br />

purposes. On February, 15, he will appear before the <strong>Transportation</strong> and<br />

Infrastructure Committee, and meetings the balance <strong>of</strong> the day with the<br />

environmental community. He further stated that on Wednesday, he will be at the<br />

White House for the Breaking Down Barriers program.<br />

A motion was made by Vice Chair Glaab, seconded by Director Cavecche, and<br />

declared passed by those present, to approve travel for Director Buffa for<br />

February 15 - 17, 2011, to Washington, D.C.<br />

2


4. <strong>Approval</strong> <strong>of</strong> <strong>Minutes</strong><br />

This item was pulled by Director Cavecche, who stated she wished to be shown as<br />

present for the vote on Item 27 at the January 24, 2011, Board meeting.<br />

A motion was made by Director Moorlach, seconded by Director Buffa, and<br />

declared passed by those present, to approve the minutes <strong>of</strong> the <strong>Orange</strong> <strong>County</strong><br />

<strong>Transportation</strong> <strong>Authority</strong> and affiliated agencies' regular meeting <strong>of</strong><br />

January 24, 2011.<br />

5. Cooperative Revenue Agreement with the Anaheim <strong>Transportation</strong> Network<br />

A motion was made by Director Moorlach, seconded by Director Buffa, and<br />

declared passed by those present, to:<br />

A. Authorize the Chief Executive Officer to execute Cooperative Agreement<br />

No. C-1-2382 between the <strong>Orange</strong> <strong>County</strong> <strong>Transportation</strong> <strong>Authority</strong> and the<br />

Anaheim <strong>Transportation</strong> Network, in an amount not to exceed $318,000, for<br />

the exchange <strong>of</strong> funds.<br />

B. Amend the <strong>Orange</strong> <strong>County</strong> <strong>Transportation</strong> <strong>Authority</strong>’s fiscal year 2010-11<br />

Budget, expenditure account 0001-7831-A4478-F01, by $318,000 to include<br />

the expenditure <strong>of</strong> unrestricted local funds to the Anaheim <strong>Transportation</strong><br />

Network for the continued operation <strong>of</strong> public transit services.<br />

C. Amend the <strong>Orange</strong> <strong>County</strong> <strong>Transportation</strong> <strong>Authority</strong>’s fiscal year 2010-11<br />

Budget, revenue account 0001-6517-A4478-F01, by $318,000 to include the<br />

receipt <strong>of</strong> American Recovery and Reinvestment Act funds.<br />

6. Second Quarter Fiscal Year 2010-11 Procurement Status Report<br />

A motion was made by Director Moorlach, seconded by Director Buffa, and<br />

declared passed by those present, to receive and file as an information item.<br />

7. Amendment to the Master Plan <strong>of</strong> Arterial Highways<br />

Director Campbell pulled this item and inquired how the referenced portion <strong>of</strong><br />

roadway in Yorba Linda was designated as a freeway, and if there is authority to<br />

change the designation.<br />

Joseph Alcock, <strong>Transportation</strong> Analyst, responded that this was a state facility and<br />

relinquished back to the City <strong>of</strong> Yorba Linda from Caltrans. Based on that action,<br />

the city has come to OCTA and requested that it be added to the master plan.<br />

3


7. (Continued)<br />

Chair Bates referenced a letter which was received from Yorba Linda, and noted<br />

that the date was in April 2010, and inquired why it took so long to come forward to<br />

the Board.<br />

Mr. Alcock answered that staff was waiting to receive letters <strong>of</strong> support from<br />

surrounding agencies, which took some time to go through that process.<br />

A motion was made by Director Campbell, seconded by Director Crandall, and<br />

declared passed by those present, to approve an amendment to the Master Plan <strong>of</strong><br />

Arterial Highways to reclassify Imperial Highway (State Route 90), from<br />

Yorba Linda Boulevard to the City <strong>of</strong> Yorba Linda’s southern city limits, as a primary<br />

(four-lane, divided) arterial, subject to approval <strong>of</strong> a general plan amendment<br />

reflecting this change by the City <strong>of</strong> Yorba Linda.<br />

8. Major Event Center <strong>Transportation</strong> Grant<br />

A motion was made by Director Moorlach, seconded by Director Buffa, and<br />

declared passed by those present, to receive and file as an information item.<br />

<strong>Orange</strong> <strong>County</strong> Service <strong>Authority</strong> For Freeway Emergencies Consent<br />

Calendar Matters<br />

9. <strong>Approval</strong> to Release Request for Proposals for Freeway Service<br />

Patrol Services<br />

A motion was made by Director Moorlach, seconded by Director Buffa, and<br />

declared passed by those present, to:<br />

A. Approve the proposed evaluation criteria and weighting for selection <strong>of</strong><br />

Freeway Service Patrol services for Request for Proposals 0-1986.<br />

B. Approve the release <strong>of</strong> Request for Proposals 0-1986 for Freeway Service<br />

Patrol services for two peak-hour service beats.<br />

<strong>Orange</strong> <strong>County</strong> Local <strong>Transportation</strong> <strong>Authority</strong> Consent Calendar<br />

Matters<br />

10. Garden Grove Freeway (State Route 22) Design-Build Project Final Noise<br />

Study on Rubberized Asphalt Concrete Paving<br />

A motion was made by Director Moorlach, seconded by Director Buffa, and<br />

declared passed by those present, to receive and file as an information item.<br />

4


11. Agreement for Construction <strong>of</strong> the Sand Canyon Avenue Railroad Grade<br />

Separation Project<br />

A motion was made by Director Moorlach, seconded by Director Buffa, and<br />

declared passed by those present, to authorize the Chief Executive Officer to<br />

execute Agreement No. C-0-1662 between the <strong>Orange</strong> <strong>County</strong> <strong>Transportation</strong><br />

<strong>Authority</strong> and C.C. Myers, Inc., the lowest responsive, responsible bidder, in an<br />

amount not to exceed $22,200,333, for the construction <strong>of</strong> the Sand Canyon<br />

Avenue Railroad Grade Separation Project.<br />

12. Measure M Quarterly Progress Report<br />

Director Campbell pulled this item and referenced the close-out <strong>of</strong> Measure M, and<br />

stated that the expenditure through December 31, 2010, shows the fund still out <strong>of</strong><br />

balance and inquired how this will be trued-up by the time required to do so.<br />

Ken Phipps, Executive Director <strong>of</strong> Finance and Administration, responded that the<br />

freeway program is the program that was moved forward first in Measure M and<br />

that is reflected in the actuals to-date, where we are 47 percent expended, and only<br />

20 percent expended in the transit mode. He further stated that transit mode<br />

expenditures, Metrolink service expansion plan, and contributions from the transit<br />

mode <strong>of</strong> Measure M to the Commuter and Urban Rail Endowment operating fund<br />

are yet to be realized; therefore, there will be very large expenditures in the final<br />

two quarters <strong>of</strong> the Measure M program.<br />

A motion was made by Director Campbell, seconded by Vice Chair Glaab, and<br />

declared passed by those present, to receive and file as an information item.<br />

13. Designation <strong>of</strong> Implementing Agency for Highway Projects<br />

A motion was made by Director Moorlach, seconded by Director Buffa, and<br />

declared passed by those present, to receive and file as an information item.<br />

14. Cooperative Agreement with Foothill/Eastern <strong>Transportation</strong> Corridor Agency<br />

for the State Route 241/91 Express Lanes Connector Project Study<br />

Report/Project Report<br />

A motion was made by Director Moorlach, seconded by Director Buffa, and<br />

declared passed by those present, to authorize the Chief Executive Officer to<br />

execute Cooperative Agreement No. C-1-2386 between the <strong>Orange</strong> <strong>County</strong><br />

<strong>Transportation</strong> <strong>Authority</strong> and the Foothill/Eastern <strong>Transportation</strong> Corridor Agency,<br />

in a net amount not to exceed $989,015, to prepare a project study report/project<br />

report for the State Route 241/91 Express Lanes Connector Project.<br />

5


15. Measure M2 Project U Senior/Disabled Program Funding and Policy<br />

Guidelines<br />

A member <strong>of</strong> the public, Frank Austin, pulled this item for comment, who stated it<br />

had been his understanding that Project U in Measure M was for the discounts and<br />

stabilization <strong>of</strong> senior and disabled fares. He stated that this does not fit into that<br />

requirement and appears that some Project U funds are being taken to fund the<br />

cities and local transportation agencies and may not be accessible under the<br />

Americans with Disabilities Act.<br />

Andrew Oftelie, Deputy Director <strong>of</strong> Finance and Administration, responded that<br />

Project U has three components, one is for one percent <strong>of</strong> the net revenues to go<br />

toward the Senior Mobility Programs administered by the cities; one percent <strong>of</strong> the<br />

net revenues goes towards the <strong>County</strong> <strong>of</strong> <strong>Orange</strong>’s Senior Non-emergency Medical<br />

Program, and one percent to stabilize fares for seniors and persons with<br />

disabilities. The portion that stabilizes fares for seniors and persons with disabilities<br />

maintains the same percentage <strong>of</strong> subsidy that is in place under the original<br />

Measure M; OCTA is continuing the existing fare stabilization program.<br />

Chair Bates requested that staff contact Mr. Austin to discuss this issue.<br />

A motion was made by Vice Chair Glaab, seconded by Director Amante, and<br />

declared passed by those present, to:<br />

A. Approve Measure M2 Project U funding and policy guidelines which support<br />

transportation programs for seniors and persons with disabilities.<br />

B. Authorize the Chief Executive Officer, or his designee, to execute<br />

cooperative agreements with local jurisdictions and agencies participating in<br />

Project U programs.<br />

C. Authorize the continued use <strong>of</strong> <strong>Transportation</strong> Development Act Article 4.5<br />

funds through fiscal year 2015-16 in an amount estimated to be $300,000<br />

annually for the Senior Mobility Program non-pr<strong>of</strong>it participants.<br />

D. Authorize the use <strong>of</strong> <strong>Transportation</strong> Development Act Article 4.5 funds for up<br />

to three years for cities that realize a reduction in Senior Mobility Program<br />

funding under the proposed Measure M2 Project U policy guidelines.<br />

E. Direct staff to develop a Fare Stabilization Report to be submitted to the<br />

Finance and Administration Committee on a quarterly basis.<br />

6


16. Proposition 1B/Measure M Traffic Light Synchronization Program –<br />

Beach Boulevard (State Route 39) Results<br />

A motion was made by Director Moorlach, seconded by Director Buffa, and<br />

declared passed by those present, to receive and file as an information item.<br />

17. Magnolia Street Traffic Signal Synchronization Project Overview<br />

A motion was made by Director Moorlach, seconded by Director Buffa, and<br />

declared passed by those present, to:<br />

A. Direct staff to include the Magnolia Street corridor project in the<br />

<strong>Orange</strong> <strong>County</strong> <strong>Transportation</strong> <strong>Authority</strong>’s Fiscal Year 2011-12 Budget, in an<br />

amount not to exceed $400,000 <strong>of</strong> Measure M Growth Management Area<br />

funds.<br />

B. Authorize the Chief Executive Officer, or his designee, to negotiate and<br />

execute a non-financial memorandum <strong>of</strong> understanding with the cities <strong>of</strong><br />

Anaheim, Buena Park, Fountain Valley, Fullerton, Garden Grove,<br />

Huntington Beach, Stanton, Westminster, the <strong>County</strong> <strong>of</strong> <strong>Orange</strong>, and the<br />

California Department <strong>of</strong> <strong>Transportation</strong> describing roles and responsibilities<br />

for implementation <strong>of</strong> the Magnolia Street corridor project.<br />

18. Measure M2 Environmental Cleanup Allocation Program - Incorporation into<br />

the Comprehensive <strong>Transportation</strong> Funding Program and Tier 1<br />

Grant Program 2011 Call for Projects<br />

A motion was made by Director Moorlach, seconded by Director Buffa, and<br />

declared passed by those present, to:<br />

A. Authorize staff to issue the fiscal year 2011-12 Call for Projects for the Tier 1<br />

Grant Program for $2.8 million.<br />

B. Approve the procedures, applications, and revised proposal evaluation<br />

criteria for the Tier 1 Grant Program 2011 Call for Projects.<br />

C. Approve the addition <strong>of</strong> the Measure M2 Environmental Cleanup Program to<br />

the Comprehensive <strong>Transportation</strong> Funding Program Guidelines.<br />

7


19. Measure M2 Project T Program Guideline Modifications<br />

Director Pulido pulled this item and stated that he would like to make a motion that<br />

the Board approves the staff recommendation, but that there be an amendment to<br />

the motion to send back to staff and the Transit Committee the issue <strong>of</strong> how to<br />

handle unprogrammed funds in Project T. He stated he feels there are other needs<br />

throughout the <strong>County</strong> that impact stations, particularly in South <strong>County</strong>, Irvine, and<br />

Santa Ana.<br />

Director Nelson indicated he felt that Project T is clear that the only projects allowed<br />

for funding in Measure M (not the guidelines) are those projects that are necessary<br />

to connect to high-speed rail. He further stated that there is only one station, and<br />

there will definitely be excess program funding.<br />

Director Campbell agreed this issue should return through Committee, but<br />

questioned if it should go through the Transit or <strong>Transportation</strong> 2020 Committee.<br />

Director Pulido stated it should go through both.<br />

Chair Bates agreed this is the correct direction to take and asked that Measure M<br />

and Measure M2 funds be considered in this process.<br />

A motion was made by Director Pulido, seconded by Director Nguyen, and<br />

declared passed by those present, to:<br />

A. Approve modifications to the Measure M2’s Project T Guidelines, as<br />

presented.<br />

B. Request staff to develop suggestions for the use <strong>of</strong> unprogrammed funds in<br />

Project T and return those suggestions to the Transit and<br />

<strong>Transportation</strong> 2020 Committees.<br />

Regular Calendar<br />

<strong>Orange</strong> <strong>County</strong> Local <strong>Transportation</strong> <strong>Authority</strong> Regular Calendar<br />

Matters<br />

20. Anaheim Regional <strong>Transportation</strong> Intermodal Center Project Update<br />

Deputy Chief Executive Officer (DCEO), Darrell Johnson, provided opening<br />

comments, providing an overview <strong>of</strong> what today’s presentations would include, and<br />

introduced Jennifer Bergener, Program Manager, Capital Programs, who presented<br />

this update for the Board, which included a brief history <strong>of</strong> the project, along with a<br />

status report.<br />

8


20. (Continued)<br />

Director Nelson referred to slide six <strong>of</strong> the presentation and expressed his concern<br />

if all the improvements are necessary to connect to high-speed rail.<br />

Ms. Bergener responded that all improvements and all the infrastructure being put<br />

in place are necessary to accommodate the existing transit services, the growth <strong>of</strong><br />

those services, and to integrate any high-speed rail system into the station.<br />

Director Moorlach referred to the ARTICinfo.com website, and stated that it appears<br />

that there are four or five different rail lines and asked where all those rail lines will<br />

be on the map presented on slide two at this time.<br />

Ms. Bergener responded that there are more detailed maps that outline each line,<br />

and added that the rail lines that are shown on slide two are the two main lines that<br />

OCTA owns now, and two additional rail lines will be put into place for a high-speed<br />

rail system as the project concept is called for at this point.<br />

Director Moorlach inquired if there is a timeline as to when high-speed rail be a<br />

reality and Ms. Bergener responded that the implementing legislation says that<br />

high-speed rail will come into Anaheim in 2020, and stated that the ARTIC station is<br />

anticipated to be open and operational in 2013.<br />

Director Moorlach asked, then, what is the urgency for ARTIC seven years ahead<br />

<strong>of</strong> that time, and Ms. Bergener replied that the reasons for the timeline are:<br />

OCTA is readying itself to receive high-speed rail – either one <strong>of</strong> the<br />

systems;<br />

It will accommodate the existing growth <strong>of</strong> the Metrolink service<br />

expansion program;<br />

It will take advantages <strong>of</strong> the favorable construction bidding<br />

environment that <strong>Orange</strong> <strong>County</strong> is experiencing at this time.<br />

Director Moorlach inquired what would be the result <strong>of</strong> the development <strong>of</strong> this<br />

station if high-speed rail does not materialize, and Ms. Bergener stated<br />

<strong>Orange</strong> <strong>County</strong> would have a multi-modal transit center with independent utility to<br />

accommodate existing transit services.<br />

At this time, Chair Bates called upon Natalie Meeks, Public Works Director,<br />

City <strong>of</strong> Anaheim, who <strong>of</strong>fered background, an update, and presentation to the<br />

Board as a supplement to the OCTA update. Ms. Meeks submitted to the Clerk <strong>of</strong><br />

the Board letters <strong>of</strong> support regarding ARTIC.<br />

9


20. (Continued)<br />

Public comments were heard from:<br />

Kate Klimow, Vice President <strong>of</strong> Government Affairs, <strong>Orange</strong> <strong>County</strong> Business<br />

Council (OCBC), affirmed OCBC’s support for the ARTIC project.<br />

Charles Alhers, President <strong>of</strong> the Anaheim/<strong>Orange</strong> <strong>County</strong> Visitor and Convention<br />

Bureau, stressed the importance <strong>of</strong> this project, citing the employment benefits the<br />

project would bring and the ability to serve visitors to <strong>Orange</strong> <strong>County</strong> in a more<br />

organized manner.<br />

Dennis Kuhl, Chairman <strong>of</strong> Angels Baseball, expressed that organization’s full<br />

support <strong>of</strong> the ARTIC project.<br />

Tony Bruno, Vice President <strong>of</strong> Disneyland Resort Hotels in Downtown Disney,<br />

extended the Resort’s full support for the ARTIC project, and stated this project will<br />

dramatically shape the tourism and hospitality industry in <strong>Orange</strong> <strong>County</strong>.<br />

Jim Adams, Council Representative, Los Angeles/<strong>Orange</strong> Counties Building Trades<br />

Council, stressed the importance <strong>of</strong> this project citing up to 5,000 jobs for<br />

consultants, contractors, and construction workers, which would be created for the<br />

area.<br />

Lucy Dunn, Commissioner, California <strong>Transportation</strong> Commission (CTC), echoed<br />

the support expressed by the previous speakers and stated that the CTC has<br />

scrutinized this project and emphasized that this project is “ready to go,” which is a<br />

requirement for the funding available. She stated that jobs creation is a paramount<br />

priority, and this project would result in a great number <strong>of</strong> jobs.<br />

Director Tait <strong>of</strong>fered comments in support <strong>of</strong> this project and explained that the<br />

City <strong>of</strong> Anaheim has envisioned and worked on this project for over 20 years.<br />

He stressed the importance <strong>of</strong> the project to the entire <strong>County</strong>, its residents, and<br />

Anaheim’s 20+ million visitors per year and the <strong>County</strong>’s 40 million visitors.<br />

Director Bankhead read a lengthy statement into the record, and expressed his<br />

non-support <strong>of</strong> the proposed guidelines modification, indicating that the future <strong>of</strong><br />

high-speed rail in California is unknown. He stated that he felt these criteria would<br />

eliminate the opportunity for every <strong>Orange</strong> <strong>County</strong> Metrolink station, except<br />

Anaheim, to seek project T funding.<br />

Director Bankhead stated that criteria should be revised to reflect Metrolink stations<br />

that have been identified by the California High-Speed Rail <strong>Authority</strong> as potential<br />

stations, such as Fullerton, as eligible for Project T funding or, alternatively, the<br />

criteria should be revised to reflect that all regional Metrolink stations which may<br />

need to ultimately accommodate high-speed rail are eligible for Project T funding.<br />

He added that grade separation projects could begin immediately if this money<br />

were to be re-directed to those projects.<br />

10


20. (Continued)<br />

Director Moorlach requested more data be provided on the ARTIC website and<br />

added that he feels “nervous” regarding this project.<br />

Director Amante addressed comments by other Board Members and stated that<br />

there should be pride for what is trying to be accomplished with ARTIC, and<br />

stated that the Board should definitely support this project.<br />

Director Nelson stated he feels there has not been a finding that these<br />

improvements are necessary for connection to high-speed rail and that there are<br />

funds available. He further suggested that a hearing be scheduled to establish<br />

the necessity for these improvements.<br />

Director Buffa addressed General Counsel, Kennard R. Smart, Jr., and inquired if<br />

the changes that came from the Transit Committee address the concern<br />

regarding the Project T funds.<br />

Mr. Smart responded that he thinks it addresses those concerns. He added that<br />

this Board has not, in the past, made findings when it is an approved project for<br />

funding under Measure M. He added that there are several different categories<br />

under Measure M by which funding may be provided for a project and ultimately,<br />

applications are made to this Board, and the Board approves projects for funding<br />

under Measure M – it may be Project T, U, or another project.<br />

Mr. Smart stated that in making those approvals, whether Measure M or<br />

Measure M2, this Board has never made findings as to its determination in<br />

approving a project, and it is not required by law.<br />

Director Buffa emphasized that ARTIC and high-speed rail are not synonymous<br />

and urged caution in that context as there is no way to know at this time the<br />

exact future <strong>of</strong> high-speed rail.<br />

Director Campbell expressed his concern regarding a Board Member stating they<br />

would not vote for a project due to it not benefitting their particular city.<br />

He pointed out that Project R, which has $1 billion in it, states that the service will<br />

improve upgraded stations and parking capacity, frequency <strong>of</strong> shuttle service,<br />

safety improvements, etc. Director Campbell suggested the City <strong>of</strong> Fullerton look<br />

to Project R for funds, rather than Project T.<br />

Chair Bates thanked the Board Members for their comments and stated that<br />

Director Buffa expressed her feelings and that she is separating ARTIC from<br />

high-speed rail to treat it as a stand-alone intermodal center for what service is<br />

available presently and what can be envisioned for the future.<br />

11


20. (Continued)<br />

Chair Bates stated that Director Nelson’s comments are relevant and pertinent,<br />

and she encouraged Members to be aware <strong>of</strong> the will <strong>of</strong> the voters and requested<br />

that General Counsel and the Chief Executive Officer meet with her and<br />

Vice Chair Glaab to gain a fuller understanding <strong>of</strong> Project T and explore the<br />

funding and findings. In that way, a discussion could be addressed with more<br />

information available.<br />

Chair Bates cautioned that it be remembered that ARTIC will be a transportation<br />

center which will potentially serve all <strong>of</strong> <strong>Orange</strong> <strong>County</strong>.<br />

A motion was made by Director Tait, seconded by Director Buffa, and declared<br />

passed by those present, to record the Committee’s support for this project and that<br />

the Board re-approve its support for the ARTIC project.<br />

Director Bankhead voted in opposition <strong>of</strong> this motion.<br />

21. Consultant Selections for On-Call Acquisition, Relocation Assistance, and<br />

Property Management Services for Environmental Mitigation, Highway, Rail,<br />

and Transit Projects<br />

Chair Bates and Directors Nelson, Nguyen, and Tait recused themselves from<br />

participating in the discussion on this item, as well as the vote, citing the Levine Act.<br />

Joe Gallardo, Manager <strong>of</strong> Right-<strong>of</strong>-Way, presented this item for the Board,<br />

explaining the details <strong>of</strong> this selection process. Mr. Gallardo referenced a recent<br />

protest on this selection and explained the meetings to address the protestor’s<br />

concerns; the protest ultimately was withdrawn.<br />

A motion was made by Director Winterbottom, seconded by Director Campbell and<br />

declared passed by those present, to authorize the Chief Executive Officer, or his<br />

designee, to execute the following on-call agreements, in an aggregate amount not<br />

to exceed $3,000,000, for on-call acquisition, relocation assistance, and property<br />

management services for environmental mitigation, highway, rail, and transit<br />

projects:<br />

• Agreement No. C-0-1707 between the <strong>Orange</strong> <strong>County</strong> <strong>Transportation</strong><br />

<strong>Authority</strong> and HDR Engineering, Inc.<br />

• Agreement No. C-0-1963 between the <strong>Orange</strong> <strong>County</strong> <strong>Transportation</strong><br />

<strong>Authority</strong> and Interwest Consulting Group, Inc.<br />

• Agreement No. C-0-1964 between the <strong>Orange</strong> <strong>County</strong> <strong>Transportation</strong><br />

<strong>Authority</strong> and Overland, Pacific & Cutler, Inc.<br />

• Agreement No. C-0-1965 between the <strong>Orange</strong> <strong>County</strong> <strong>Transportation</strong><br />

<strong>Authority</strong> and Paragon Partners Ltd.<br />

12


Discussion Items<br />

22. Strategic Plan Briefing<br />

Chief Executive Officer (CEO), Will Kempton, provided opening comments and<br />

introduced Paddy Gough, Executive Director <strong>of</strong> Human Resources and<br />

Organizational Development, who reviewed the purpose <strong>of</strong> developing the Strategic<br />

Plan and gave the background on this work, as well as explaining the process by<br />

which it was developed. Mr. Gough introduced Lance Wade, Section Manager,<br />

who provided this update on the OCTA Strategic Plan currently under development.<br />

Mr. Wade reported that the strategic planning Initiative is nearing completion and<br />

introduced Pat McLaughlin, Principal-in-Charge and Project Manager with MIG,<br />

the contractor for the development <strong>of</strong> the plan. Ms. McLaughlin presented the<br />

Draft Strategic Plan for the Board Members’ comments and recommendations.<br />

Following Ms. McLaughlin’s presentation, she invited Members to provide any<br />

comments and recommendations they may have by February 18. A brief<br />

discussion followed, with some Members <strong>of</strong>fering their comments at this time.<br />

Comments and recommendations will be incorporated and a final Strategic Plan will<br />

come to the Board on February 28 for final adoption.<br />

23. 2011 Chief Executive Officer's Goals<br />

CEO, Mr. Kempton, provided an update on his goals and action plan for calendar<br />

year 2011, highlighting the following:<br />

Performance-based management through the adoption and<br />

implementation <strong>of</strong> an OCTA Strategic Plan<br />

Completion <strong>of</strong> carryover items from 2010 and delivery <strong>of</strong> the projects and<br />

programs included in the OCTA Capital Action Plan<br />

Creation <strong>of</strong> a new transit vision for <strong>Orange</strong> <strong>County</strong><br />

Positioning rail as a viable transportation option<br />

Ensuring <strong>Orange</strong> <strong>County</strong> is at the table at high-speed rail planning forums<br />

Developing opportunities for public-private partnerships<br />

Being responsible stewards <strong>of</strong> public funds and the environment<br />

13


23. (Continued)<br />

Developing a long-term strategy to address escalating health-care costs<br />

Completing labor negotiations with the <strong>Transportation</strong> Communications<br />

International Union<br />

Maintaining transparency at all levels at OCTA<br />

Working on regional issues with the <strong>Orange</strong> <strong>County</strong> Council <strong>of</strong><br />

Governments<br />

Chair Bates requested that on carry-over items that may take 18 months versus the<br />

12 months, there be a footnote to provide an understanding that item is planned for<br />

longer than one year.<br />

24. Public Comments<br />

Chair Bates announced that members <strong>of</strong> the public who wished to address the<br />

Board <strong>of</strong> Directors regarding any item appearing on the agenda could complete a<br />

speaker’s card and submit it to the Clerk <strong>of</strong> the Board or notify the Clerk <strong>of</strong> the<br />

Board <strong>of</strong> an item on which they wished to speak.<br />

Alec Kimmel and David Weinreich, representing University <strong>of</strong> California at Irvine<br />

(UCI) Transit Advocates, appeared together and <strong>of</strong>fered comments on behalf <strong>of</strong><br />

students at UCI. They informed the Board they had performed a survey and are<br />

currently doing a study through the Transit Advocates to understand<br />

transportation needs <strong>of</strong> students.<br />

Frank Austin, representing the National Muscular Dystrophy Society,<br />

complimented OCTA on its paratransit system. He addressed the use <strong>of</strong><br />

mini-vans for service on the week-ends and stated that he feels it will likely need<br />

to be the sole source <strong>of</strong> service for week-ends, rather than ACCESS buses due<br />

to cost.<br />

Mr. Austin expressed his concern for how the tracking is being done for<br />

performance <strong>of</strong> this service against Americans with Disabilities Act requirements,<br />

and is not aware <strong>of</strong> a “paper trail” on that service. He noted differences in types<br />

<strong>of</strong> service and stated that his counterparts feel the same way, and hopes the<br />

paratransit services do not get changed to taxi type <strong>of</strong> service.<br />

Chair Bates requested staff track performance <strong>of</strong> mini-vans versus buses for<br />

transportation for the disabled.<br />

Curtis Gamble, representing transit drivers, stated that drivers have issues with<br />

MV Transit, would like to have passes for using the State Route 91 for free, and<br />

would like Tier 2 retirement with full medical provided. He also asked that the<br />

Board contemplate video-taping the Board meetings.<br />

14


25. Chief Executive Officer's Report<br />

CEO, Mr. Kempton, reported:<br />

There was a fatality on Metrolink the evening <strong>of</strong> February 11, and OCTA<br />

provided 14 bus bridges for passengers;<br />

DCEO, Darrell Johnson, will attend a press conference taking place on<br />

February 15 at the Amtrak Santa Fe Depot to launch the new Pacific<br />

Surfliner Express Service; the train will leave San Diego and arrive in<br />

downtown Los Angeles;<br />

That he will travel with Director Buffa to Washington, D.C., to provide<br />

testimony to the House Subcommittee on Highways on the Breaking Down<br />

Barriers initiative;<br />

There will be a Sacramento Legislative trip on February 23-24;<br />

Upcoming meetings and events.<br />

26. Directors’ Reports<br />

Vice Chair Glaab reported that he, along with Directors Bankhead and Cavecche,<br />

attended the Metrolink Board meeting on February 11.<br />

Chair Bates expressed her appreciation for the information she received recently<br />

regarding the Breaking Barriers initiative.<br />

27. Closed Session<br />

A Closed Session was held pursuant to Government Code Section 54956.9(a) to<br />

discuss Edward McDonald v. <strong>Orange</strong> <strong>County</strong> <strong>Transportation</strong> <strong>Authority</strong>; OCSC<br />

No. 30 2010-00387866.<br />

Directors Nguyen and Pulido were not present for this session.<br />

28. Adjournment<br />

ATTEST<br />

The meeting adjourned at 11:45 a.m. The next regularly scheduled meeting <strong>of</strong> this<br />

Board will be held at 9:00 a.m. on Monday, February 28, 2011, at <strong>Orange</strong> <strong>County</strong><br />

<strong>Transportation</strong> <strong>Authority</strong> Headquarters.<br />

______________________________<br />

Patricia Bates<br />

OCTA Chair<br />

15<br />

______________________________<br />

Wendy Knowles<br />

Clerk <strong>of</strong> the Board

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