44
SOUTHERN CALIFORNIA RAPID TP~ ~~SIT DISTRICT Minutes of Regular Meeting of the Board of Directors of the District October 22 , 1974 Upon notice duly given , the Directors of the Southern California Rapid Transit District met at a regular meeting in the District Board Room , 1060 South Broadway, Los Angeles , Cali- fornia , at 1:00 p. m. on October 22 , 1974 , at which time President Thomas G. Neusom called the meeting to order. Di rectors George W. Brewster ~, Hugh C. Carter ; Victor lVI. Carter" Byron E. Cook , A. J. Eyraud , Jr. , Don C. ~cMillan , Thomas Neusom , and George Takei responded to Roll Call. Directors Al~ thu. i.~ Baldonado , Adelina Gregory and Jay B. Price Viere absent :f'rom the meeting. Also present were General IVlanage:c Jack R. Gilstrap; Manager of Operations George W. Heinle; Manager of Planning & Marketing Ge orge L. McDonald; Chief Engineer Richard Gallagher , Controller- Audi tor~reasurer Joe B. Scatchardj General Counsel Richard Powers:; Secretary Richard K. Kissick , and the public. Announcement of Reappointment of Director Baldonad.;.::; President Neusom announced that DirectoT Arthur Baldonado representing the First Supervisorial District .5 County of Los IDigeles had been reappointed for the four- year term ending September 30 1978. A copy of Director Baldonado r s Oath 0ffice is attached to these Minutes as Exhibit

Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

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Page 1: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

SOUTHERN CALIFORNIA RAPID TP~~~SIT DISTRICT

Minutes of Regular Meeting ofthe Board of Directors of the District

October 22 , 1974

Upon notice duly given, the Directors of the Southern

California Rapid Transit District met at a regular meeting in

the District Board Room, 1060 South Broadway, Los Angeles , Cali-

fornia , at 1:00 p. m. on October 22 , 1974, at which time President

Thomas G. Neusom called the meeting to order.Di rectors George W. Brewster~, Hugh C. Carter ; Victor lVI. Carter"

Byron E. Cook , A. J. Eyraud, Jr. , Don C. ~cMillan , Thomas

Neusom, and George Takei responded to Roll Call. Directors Al~thu. i.~

Baldonado , Adelina Gregory and Jay B. Price Viere absent :f'rom the

meeting.

Also present were General IVlanage:c Jack R. Gilstrap; Manager

of Operations George W. Heinle; Manager of Planning & Marketing

Ge orge L. McDonald; Chief Engineer Richard Gallagher , Controller-

Audi tor~reasurer Joe B. Scatchardj General Counsel Richard

Powers:; Secretary Richard K. Kissick , and the public.

Announcement of Reappointment of Director Baldonad.;.::;

President Neusom announced that DirectoT Arthur Baldonado

representing the First Supervisorial District .5 County of Los IDigeles

had been reappointed for the four-year term ending September 30

1978.

A copy of Director Baldonado r s Oath 0ffice is attached to

these Minutes as Exhibit

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Appearance of Los Angeles City Col~.ncil.man J"ohn Perraro

Los Angeles City Councilman John Ferraro -, speaking as ChaiTInan

of the City t s Ad Hoc Committee on Rapid 'fransi t , appeared be:f"or:::~

the Board and expressed appreciation for the actions of 0he Board

in getting the recent strike settled. He further coIT~ented that the

District' s staff had worl~ed well with the City f s Ad Hoc Corruni ttee a:n.

he expressed confidence that Proposition A would pass.

Counci~nan Ferraro reported on Councilman Wilkinson j s motion

adopted by the City Council regarding helping the handicapped people

to use public transit and urged the HTD Board of Directors to adopt

a similar resolution.

Approval of Items 1. through 10 as steel on the Consent CalendarOn motion of Director McMillan, Chairman of the Advance Plan!1iLE

& Marl::.eting Committee , seconded and unaniJ.'Ylously car' ried, the

following resolutions were adopted and/or actions taken:

The Minutes of the Regul;;'1r Meeting held October J.9r(~. and the Special Meeting held October 10 , 19r(4 wereapproved.

The Purchasing Agent! s statc?nent of Purcha,:ies Over4)1 000 submitted September 17, 19r(l;. , copy of .vvhich isfiled with the Secretary, was presented and orderedHeceived and Filed'!

Agenda Item No. 3, reading as follows , was removedfrom the Agenda:

Heceive and file O~erating Report for the Monthof September 1974.

Page 3: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

...

RESOLUTION NO. n-- (4- 388

WHEREAS , on October ~22 1971.;" the Surface Operations-Advance Plarming & Marketing J"oint Comrni ttee and the FinanceCorruni ttee considered and concurred i.n the :ceport datedOctober 15, 1974, recommending award of' contract to J. Bauer Company, 1021 North M:Lssion Road~ Los Angeles , Califorrdathe lowest responsible bidder under Bid No. 9- (4. ;; as indlca;cedon the Abstract of Bid attached to these Minutes as Exhibit 2covering the District r s

Zonelac Curb Marking Paint requiremenfor a one-year period commencing September 18 ;, 1971.~y with anoption for a one-year extension upon mutual agreement , at anestimated cost of $17, 600. 13 per year, including sales tax;

NOW , THEREFORE , BE IT r~:SOLVED, that the General Managerbe and he hereby is authorized to a\lJ'c1rd 1:1 contract to J. Bauer Company, the lowest respon~:dble bidder under Bid No.

(421+ covering the purchase of District I s Zonelac curbmarking paint requirements for a one-year period at anestimated cost of $17, 600. 13~ including sales tax, withoption of one additional year upon mutual agreement; withform of contract subject to approval of the General Counsel.

RESOLUTION NO. 11-74-389

WHEREAS , on October 22 -' 1974- , the Surface Operations-Advance Planning & Marketing ,Jo.int Comm.ittee and theFinance Committee considered and concurred in the reportdated October 8 , 1974 , a copy of which is f:Lled with theSecretary, recommending approval of minor rO\xte modificationof Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change with Line No. 46 and two routes of Culver CityMill1ici.pal Bus Lines and further recommending that servicecommence at 5: 21 a .m. together with other changes in theschedule as discussed at the Comm.ittee meetings;

NOW, THEREFORE , BE IT RESOLVED, that thE': General Managerbe and he hereby is authorized to make appropriaterevision of the Official Route Descriptions adopted November1.!- 1964, as amended, to include Fourth Revised Page 88, tobecome effective as soon as practical , subj ect to the approvalof the Consulting Engineer.

RESOLUTION NO. R-74- 390

WHERF-AS " on October 2:: " 19711- , the SiJ.:cface OpeY'ations-Advance Planning & Marketin2; Joint Comrni ttee considered andconcurred in the report dated October ~, 19?" , a copy ofwhich is filed with the Sec ~1 :C' 8corr"JleJ1.ding approval ofminor route modification of Line No. "!7hich will pro-vide service to a significant number of l;:cansit dependent

-3-

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senior citizens residing :Ln a complex in the vicinity ofBadillo Street and Grand Avenue in the city of West Covina;

NOW, THEREFORE , BE D: RESOLVED , that the GeneralManager be and he hereby is authorized to make appropriaterevislon of the Official Route Descriptions adoptedNovember 4 , 1964, as amended " to include Second RevisedPage l~O2 to become effecti\re as soon as practicableEJUbject to the approval of the Consulting Engineer.

RESOLUTION NO. J?,-7l!. - 391

WHEREAS , on October 22 , 1971.J., the Surface Operations-Advance Planning & MarketinG Joint Con~i ttee consideredand concurred in the report datccl October 1l~ 1974 , a copyof which .is filed with the ,~)ecretary, recommending approvalof a route extension of Line No. 403 which will extendservice from the La Puente Mall to the 1\mvland Heightsarea , providing that area with a local service as well asan interurban busway service coru~ect ion to Los Angeles atan estimated annual cost of $68 000 les s generated revenue;

NOW, THEREFORE , BE 11' RESOLVED , that the General Managerbe and he hereby is authorized to make appropriate revisionof the Official Route Descriptions adopted November 4 , 1961.i-

as amended , to include Third Revised Page ~-03, to becomeeffective as soon as practical , subject to the approval ofthe Consulting Engineer.

RESOLUT' ION 1\1"0

~~-

I~' 392

WJIEREAS , on October ~~2

-,

:L97L~ the Surface:: Operations-.Advance P:Lanning & Marketing ,Joint Comm.ittee considered andconcurred in the report dated October 16 , 1974 , a copy ofwhich is filed with the Secreta:ry -' recom.mending approvalof the General Manager to ex(";cute an amendment to the park--ride agreement dated March 22 , I 971.j., with James Edwards Y'.eovering the use of the San Gabriel Drive- In Theatre as apark-ride lot to extend the term of the agreement on a month-to-month basis on and after the October 31 , 1974 terminationcia t e ;

NO1if, THEREFORE , BE IT HESOINED -, that the GeneralManager be and he hereby is authorized to execute an amend--yn.ent to the Park-Ride Lot , fJ:reement dated March 22" 1 72.;.

,- . ~

with James Edwards , Jr. extending the term of the agreementon a month-to-month basis on and er the October 31 19'Thtermination date , with forrn of amenchnen-c subject to approvalof the General Counsel.

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RESOLUTION NO. R-. 71~_

-_._-_

.2_

WHEREAS , on March 4 , 197~., Hesol:trcion No, R-'""(4-94 'liaSadopted pertaining to an Urban Mass Transportation Demon-stration Grant , and authorizing the General Manager to filean application therefor; and

WlillREAS , it is desired to authorize the General Managerto take whatever further action is necessary in connectionwith said application and Grant Contract;

NOvf , THEREFORE , BE IT RESOINED , that Resolution No. R-74-94be and it hereby is amended by adding thereto the followingparagraph No.

That the General Manager be and he herebyis authorized to execute all other necessarydocuments and contracts in connection 'i\fithsaid grant applica cion filed with the Tj. S..Department 'I' ransportation, DrDan MabSTransportatJ.on Administration, pertaillingto Demonstration Grant Proj ect No. CA-06-oo69. l'

RESOLUTION NO.. H-7~. -394

WHEREAS , from time to tiIne the District is the grantee ofcertain interests in or easements upon real property; and

WHEREAS , Government Code Section 27281 :c.equires that apolitical corporation or governmental agency n1Us'~ accept andconsent to recordation of docwnents conveying interes'cs inreal estate , and that an o:Cf::Lcer of the agency may beauthorized to do so on behalf of the agency j and

WHEREAS , this Board deBires that the General Manager orGeneral Manager Pro Tempore be gi"\len authority to accept suchinterests in ~~al property and to consent to the recordationof the documents evidencing such interests;

NOW, THEREFORE , BE IT HESOLVED by the Board ofDirectors of the Southern California Rapid 'rransi t District:

That the General Manager or General Manager Pro Temporebe and he hereby is authorized. to accept deeds or grantsconve~v- :Lng interests in or easements upon real estate to theDistrict , on behalf of the District , and to consent to theirrecordation.

Autho

.___.

n-_ o File Applica t

--"---- (?......._-_. -=-_.

I?J: :~c:Ll: QT9-.nt; Project:..Q.3.::Q.990 with to:.e U ~ J!.5'2_~1j:X!

~:"

"~)~t:

- _

o:I~. I~~~ortationUrban Mass Transportation Administrat.,:()iJ.

-5-

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After discussion , on motion of Director Vic"tor Carter, Chairman

of the Finance Committee , seconded and unanimously carried, the

following resolution was adopted:

RESOLUTION

..

7lj- -395

Resolution authorizing the filing of an application ilJ'iththe Department of Transportat:Lon , United Statei3 of America, fora grant under the Urban Mass Transportation Act of 1964 asAmended.

wtlEREAS , the Secretary of Transportation is authorized tomake grants for mass traEportation projects;

TAHEREAS , it is required by the U. S 0 Department of Tra:n.s-portation in accord with the provision of Title VI of the CivilEights Act of 1964; that in connection with t!:le filing of anapplication for assistance .uIlder the Urban Mass 'I'ranspo:c-cationAct of 1964, as Amended , the applicant give an assuran ce th~tit will comply with Title VI of the Civ.il E:Lghts Act of' 196L!-and the U. S. Department of Transportation requirements there~der;

NOW

, '

rHEHEFORE , BE rr RESOLVED by the Board of Directorsof the Southern California Rapid Transit District:

1. That the General M&lagel~ is authorized to execute andfile an amended application on behalf of the SoutheTIl CaliforniaRapid Transit District with the U. S. Departmr.,nt of 'I'ransporta-tion, for UMTA Capital Grant Project No. CA-O3-0090 to aid irithe financing of furnishings and furl1i ture for leased aclministra-tlon building occupancy and to delete i terns for an emergencystairway and Print Shop physical improvements for the .presentadministration building, at no additional cost to the proj ect.

2. That the General Manager is authorized to execute alidfile wtth such application an aSS"llranCe or any other: documentrequired by the U. S. Department of Transportation effectuatingthe purposes of Title VI of the Civil Eights Act of 1964.

3. That Jack R. Gilstrap, General I.lanal~er , is authorizedto furnish such additional information as the U. S. Departmentof Transportation may require in connection with the applica-tion or the project.

4. That Jack R. Gilstrap, General Manager, is Buthe zedto set forth and execute affirmative minority business policiesin connection with the proj'ect! s procurement needs.

5. That the General IJlanag,=::cized to execute all other necessaryconnection with said amended applicationDepartment of Transportation, Urban Massistration.

he hereby is author-~8 and contracts in

filed with the U.Transportation Admin-

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f', thorization to Enter into Nego tiat:Lor:. :3 \AJ:Lt.l1. a Firm for Eng:tnee:r:Ln?:Design Services in Connect~/E' lfflT;u31"VfaillterlanceFacTTI::-tfe

-..---.

a~~v on o.

After discussion , on motion of Director Eyraud , Chairman of'

the Surface Operations Committee seconded and lli~animously carLl

the following resolution was adopted:

RESOLUTION NO. H-74-396

WHEREAS , on October 22 5 1974 , the Surface Opera cions-Advance PJa nning &; Market:Lng ,Joint Committee consideredand concurred in the report dated October 17 1974recommending authoriza.tion of the General Manager toenter into negotiations for outside engineering servicesin connection with the des and preparation of plans

specifications and estimates for the new bus maintenancefacilities at Division No. 7 in accordance with policyand procedure adopted by Resolution No. H-7lj- 361 at theSeptember 17, 1974 Board meeting;

NOW, THEREFORE , BE IT RESOLVED , tha~ the GeneralManager be and he hereby is authorized to enter intonegotiations with the Ralp.h M. Parsons Company for out-side engineering services in connection with the designand preparation of plans J specifications and estimatesfor the new bus maintenance facilities at Division No.in accordance with the policy and procedure adopted September17, 1974 , with the proposed agreement to be brought backto the Board for consideration;

HESOINED FURTHER, that the Gener&.l Mana ~er be and r-lehereby is authorized to en~er into negotiations with

.. P 0-': rms : coted ""'cc;n 4- .1.1

: ~.- '"." -,... _.

.J...L . .Lu 01 ~ l_J~ 1 v U G ' .L i,1974 filed with the Secretary in the event that negotiationsw1th the Ralph M. Parsons Company are unsucce3sful, withproposed agreement to be brought back to the Board forconsideration.

Authorization of the General lViEirJae:e-c to Ex.ccnt(: L(~ase Ao-Teen' icnt:

'--. ---'- -.--.-.- '.-------.-.-..----....-. ..... ----.---- .'..-...----..

or a New Opera ing and :rvra ln.tenance D.l.\lision :1r' thc~ ::3an"iCi----

~ -'-;;--

-r-----

'-- '_.":---- ~;'. ._.. .. -.--,---- ..

!'l! !lndo Vall~;y:, ApprovB..L OJ: BequJ. sJ."tJ.on;; CoJerJ.ng RequLc8CiImpro~

J!l_~!:1..! s and Equipment :J a~nd:-A-u-EllO~rl-za-tlo. t-:O-SE~kUIji2'rAAssistance After discussion , on motion of Director Eyraud, Chairman of

the Surface Operations Committee ; seconc!(:;d and uI1animously car:cie,=l

the following resolution was adopted:

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RESOLUTION NO. Ii-. 7L~-39r

WHEREAS , in order to. implement the San FernandoVaLLey grid system under the Districts 251 flat fareagreement with the County of Los Angeles , a newoperatim and maintenance facility is :cequiy'ed; and

WHEREAS , a site for thi:3 new facility has beenlocated which will accommodate the needs on a near-term basis; and

WHEREAS :J on October 22 ~ 1974, the Sur:face Operat ions-Advance Planning

&:

Marketing Joint Corrunittee and theFinance Committee considered and concurred in the reportdated October 18 , 1974 , a copy of which is filed with the,secretary., recommending that the General Manager be auth-orized to enter into a lease agreement with CaliforniaCarhikers Service and/or Southern California Auto Auctionet aI , covering an approximate 11. 82 acre parcel at 11409Penrose Street , Los Angeles , as a site for a new operation:::mcl maintenance facility in the San Fernando Valley :f'orD. hree-year term commencing December 1 :J 197L). at a monthlygross rent of $8 333. 33, including authorization to awardeontracts to the lowest responsible bidders covering improve-ments and equipment for the facilitY:J v.Ji th the Cornli1it,teesfurther recommending that the agreement be:; negotiated tocontain an option for a three-year extension , and that theGeneral Manager be authorized to file appl:Lcation with theDepartment of Transportation, Urban Nass TransportationAdministration, to seek UMTA assistance in the funding of the.improvements;

NOW , THEREFORE , BE IT Im;SOLVED, that General Nlanage:cbe and he hereby is authorized to negotiate and execute alease agreement with California Carhikers Service and/orSouthe~rn California Auto Auction et aI , covering an approxj~-matc 11. 82 acre parcel at 111:-09 Penrose Street ~ LOi3 Angeles for a three-year term comrnencing December 1, 1974. at monthly gros s rent of $8 333. 33, with option for an add:LtiorlC::~Lyear term; with form of contract subject to approval of

the General Counsel;

RESOLVED FURTHER, that requisitions covering the requ::Lredimprovements and equipment to provide an approximate 125-bus operation facility in an estimated cost of $100 000.be and the same are hereby approved , and the GeneralManager be and he hereby is authorIzed to aw-ard contractsto the lo.west bidders cQlrel'ing said improvements andequipment in accordance with the Rules

&;

Regulations withall actions to be reported back to the Board on the ConsentCalendar.

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RESOLVED FURTHER, that the General Manager be andhe hereby is authorized to file and execute any and allnecessary documents with the Department of TransportationUrban JvIass Transportation ACim:Lnistration to seek UMTAassistance in the funding of the aforementioned improve-ments and equipment; form of documents subj ect to theapproval of the General Counsel.

Author :Lzat ion to Amend Lease Agrcem.ent with Lene, B. Price CoveringPr- perty in the Vicin:Lty. 01' Dfstrictl s Division-:ti.-ro:-s

Aftc-"-r discussion , on motion of Director Eyraud .) Chairrrian

of the Surface Operations Committee , seconded and uTlanimously

carried , the following resolution was adopted:

RESOLUTION NO.. H- r4-398

WHEREAS , recent approv'als of improved service in theSan Fernando Valley will exceed the capability of Dlv1sionNo. 8 facility necessitating; the move of employee parkingto an off-site location; and

WHEREAS , under Rero In on No. R-74- 230 adopted June 2.~

1974 , the General Manager was aut.horized to execu"ce alease agreement with Lena B. Price cove a pare land at 7308 Van Nuys Boulevard at a monthly rental rateof $750. 00 per month beyond the initial ninety day leaseperiod to provide for addi tlonal employee parking and. storac;,-::;of buses; and

WHEREAS -, on October , 197'L!- , the rfa2e Operations--Advance Planning

&:;

Marketing Joint Comrnit.cee and the Finance;Committee considered and concurred "1.n the report datedOctober 15" 1971~ a copy of which is filed. !ivi th the Seerecommending authorization of the Gene ldanage:c to ex\:::art amendment to the lease agreement dat, ecl jvlay 15, ;TrL:. ~'J"i

Lena J3. Price , Les sor , covering an increa~:;e to the lea;3c::hCJICC" , aDDrox ely 5..L t:;

:y' -:. - "+

,., Yf!"""r

;".

~O Jc . .JJu

\.-,

J-1.\.A.-

-,- .~

Q,V Cl' U".

,"' ~--j'

rental of $1 800. , and to extend the rnonth- to-month 'cerr1to a two-year term commenc:ing November 15, 1974, withto cancel after first year of the term of the agreementinclul tng approval of Requis:Ltion No. 3099-186 coveringcost of paving in the estima"Ced ammlnt of $20 000. , withthe Comlnittees further rec:om.nlending that the amendment tothe lease agreement include a two-year option clause;

l\J"OW , THEREFORE , BE IT RESOL\rL~ t the GeneralManager be and he hereby if)

? -

" to ia,te andexecute an amendment to a lease agreell1.c;(l\. ' JEJ.,ted May 15,1974, with Lena B. Price , Lessor, covering a parcel adjacent

-9-

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and contiguous on the north to .the 7' 30d Van Nuys Bm.11evardproperty of approximately

;~L~ 250 square feet , to increasethe totalleasehDld premises to approximately 51 530 squarefeet , to increase the monthly rental to $1 800. 00 per monthgross , extend the month-to-month term to a two-year termcommencing November 15 " 1972.;-, fmbject to termination by theDistrict after the first year of the term on the givingof ninety days f written noti.ce, with said amendment to iri-clude a two-year option clause:; form of amendment subj ect approval of the General Counsel;

RESOLVED FURTHER, that Requisition No" 3099-186 covethe cost of Daving the afo~('ementioned Darcel in the estimatedamount of $20 000. 00 be and the same is hereby approvedand the General Manager be and he hereby is authorized toproceed with the required improvements to the premises inaccordance with the Rules and Regulations.

Au.tho:I.

~:!:

j:.:~X?:.. the General ~J!~2~F:;e~

._--------_._-- ~~,

S1i~lease:Agreemerlt for a New Operatinr~ and Yfaintenance Division :iil("i"":-:--:r:--i"-::---

' ~

-;;-~;-'F:-~'- 'r~:~-- :;~T-7';;-

::' -:;-;:::- -,--:: -;-.

;--r' ~ ,

:;-:;;-.

; 'r "I)OU d ~.,::'.n rcL os nge_ e,_

:) '

lJ")J. UV,,:(,. OJ, r\. ~:ulJ.'

.,_

LOtlS \jUVf :Cl.. LL'KC~-C:~l ire ~r 0 -ernentsTu1d1:i:~llt:LP!ile: t-;allil-jr1JtEorrz- tTo-

---

Seek T~1TA Assistance

Director Eyraud, Chairman of the Surface Opera- ions Comrni ttC::2

reported that this matter had been discussed a~ length in

Committee meetings earlier and it IlJ'aS the consensus of the

Conunittees to concur in the staff! ie; recommendation and to

further recommend that Resolutj_on No. R-74- 360 adopted September

17, 1974 , covering the lease of a 1+. 59 acre parcel situated at the

southwest corner of Rosecrans Avenue and Avalon J3oulevard

Los "~geles , not be rescinded until the lease agreement on theproperty at '"(77 West 190th Street , Los Angeles is finalized.

Upon motion of Director Eyraud , seconded and uflanimously

carrled , the following resolution was adopted:

T4-399RESOLUTION :N-

WHEREAS , under Rero lution No. R-7'L' 36o adoptedSeptember 17, 1974, the Gene was authorized toenter into a lease agreement covering all c:.lJproximate 4.

10-

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parcel at Rosecrans Avenue and Avalon Boulevard to providethe additional operating and maintenance facili ty requiredfor expanded service needs in the South Central Los Angelesarea; and

WHEREAS , an approximate 10 acre parcel of land s:':..tuatecJ.near the intersection of the Harbor and San Diego Freewayshas now become availaole which is better sui tea for theDistrict I s needs; and

WHEREAS , on October 22 , 1974, the Surface Operations-Advance Planning & Marketing Joint Cowni ttee and theFj_nance Committee consi dered and concurred in the reportdated October 18, 1974 , a copy of which i:::; fi.led with theSecretary, recommending that the General ~ianager be authorizedto enter into a sublease agreement with L. D. & N. ServiceCorporation covering an approximate 10-acre parcel situatedat 777 l'fest 190th Street , Los Angeles as a su.bstitute sitefor a ne1'l operation and maintenance fac:Llity in SouthCentral Los Angeles for a Five-year term commencing

oer .l. '711 nlo c'C' ""..-"",-1-", n ~:)h r..,n

_~ ,

.J...;;( JL~. c,. ""O l,-,j~V'-"

,j,.,"",",

inclucHng authorization to aware. contractf. to the Im'V"estresponsible biddel~s cove improvehlents and equiprnentfor the facilj.ty, with the Committees fu:rtD.er recornmendingthat the General Manager be authorized to f:Lle applicationwith the Department of Transportation, Urban j'lia8s 'I'rans-portation Adrntnistration to seel':: UMTA assistance in thefunding of the improvements

NOIAT , THEREli'OIlli, BE IT

) .

t;h8:t; ti-,c,; Generall!lanaE~er be and he hereby i::-; mrchCI'ize,j. "C":J C.X2cllte a sub-lease agreement .wi th L. D. GG 1'i1". Service ioncovering an approximate 10 acr(~ par2eJ. T(' West 190thstreet , Los Angeles -, for a i' :Lve --year term coll'lrn.enc:ingDecember 1 , 1974, at a monthly gross rental of $5, 500. 00;with form of contract subject to approval of the GeneralCounsel;

RESOLVED FURTHER, that requ:I.8it:Lon~; coverequired improvements and equipment to prov:ide an approxi-mate l25-bus operation facility in an estimated cost of1)150 000. 00 be and the same are hereby approved, and theGeneral Manager be and he hereby is authorized to awaTdcontracts to the lowest responsible bidders covering saidimprovements and equipment in accordance with the Rulesand Regulations , with all actions to be reported back tothe Board on the Consent Calendar;

BESOLVED FUR~nHER tJ:1at the Genere;,l rvIanager be andhe hereby is authorized to :file e:x:ecute any and allnecessary documents with tl'l.e Depa of 'I'ransportationUrban Mass Transportation AdminiEit.::'c/- . to seek 'lJMTAassistance' in the funding of the af'orementI. ::-~c~d improvementsand equipment; form of documents sub ject to the approvalof the General Counsel.

ll-

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Approval of Establishment of New Line .No 0 1.70 - Azusa-West Cov:1na..WhittierAfter discussj. , on motion of Direc"to~c Eyraud, Chairman of

the Surface Operations Comnli ttee , seconded and unanimously carr

the following resolution was adopted:

RESOLUTION .. R- 71~-hoo

HHEREAS , on October 22 , 197~' , the )')urfclce Operations-Advance Planning & Market Joint Co~~ittee and theFinance Committee consider(:~d and conctJ.rred in the reportdated October 14, 1974, a copy of which is filed with theSecretary, recommending the establisruneot of a new localinter-city service connect the citic2, of Azusa and~'lhittier and serving the cities of Co' ina

, "

;)(;3-(; CovinaLa Puente and Industry prov:icling a vitaI no:rth-i3outb. SeT" ::Cacross the San Gabriel Valley with connections to existDistrict lines -, on a six-day 1)81' Irveek basis :; Monday throucb.aturday llte

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"'nl cosu" d .

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1:" v CLL ~,v..Lc1cA, '-' " .u lu.o.~, $4L~8 500 less generated revenues; and

WlumEAE, ; this propos l1ew servic' (JD, been s.ubmi tt8(~to the County of Los Angele:3 .:Cor considerat:ion as preseribedunder the 25~ Flat Fare Contractual Agreemc:,nt;

NOW , THERE:B'ORE , BE IT T~ESOLVED , that, the; GeneralManager be and he hereby ice 8"uthorized appropriaterevl. sion of the Official ::,~oute Deser::Lpt5.on~", tdoptedNovember h , 196h, as amended , to ~Qclude 0 inal Page 170to become effective as soon as practicable; Gubject toapproval of the Consulting Engineer and the County ofLos Angeles.

Jr' Cil of Maior "' e Iv"od,1ft' or ' ~I C'

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LJ.Lne No. 7 - Ramona Gardu., --l:rE:n. e.i, Cu,. . J.O'~"" d!. ;~Jc1. ecu l,

--- ----.-.----------,.-"'--, ..--,----"'--------,

,c' Staff

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Director Eyraud , Chairman of the Surface Operations Comml"c-l:;ee j

reported "that this matter had been discussed in detail at thecomnnttee meetings earlier. Director Victor Carter had submltte(

a counter proposal whereby an extension of Line 3D presently.

serving the Evergreen area could be e:~: into the Hamona

Gardens area to prO"iride a broader and improved service without

12-

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use of additional equipment for both areas. After delibera.t;ion

The Surface Operations-Advance Planning

&;

Marketing Joint

Committee and the Finance Committee recomracnded the extension

of' Line No. 87 as proposed by staff subject to the completion

of staff I s study on Director Victor Carter ! s Line 30 counter

proposal , and further recommended the implementat ion of the

Line 87 route modifications and service improvement, s in the event

the Line 30 proposal involved the use of additional equipment.

On motion of Director Eyraud , seconded and UYlanimously

carried , the following resolution was adopted;

RESOLUTION 1'W" H- r4-401

1vlrEREAS , on October 2~2 , 1974; Dce Ope:cat ions-Advance Planning &; Marl:et:'Lng J'oint Corr;Ji1ii~tee and theFinance Committee considered. and conc"t..1rred in. the Y'cportdated October 8, 1974, a copy of' . v\Thich is fi theSecretary, recomInending a ma,j or route modificatJ-on andservice improvt~ment on Line No. 87 - Hamona Gardens-GenE:~

Hospital to provide a direct routtng b etliV"e en. the f... e1;T

Hospital Busway Station and the General Hosp3tal andassociated outpatient clinic , and a major' Lo~; AngelesCounty complex including the .Juvenile Hall , Road Depart-ment and Flood Control District ~ with improvements inservice frequencies seven days per vveek, at an estimatedannual cost of $277, 500 less generated revenue; and

1/IHEREAS , this proposed route moclificat:'Lcm and ser\rtceimprovement has been s~lbmitted to the COUl'lty of Gas Angelesfor conslderatton as presc bed lmder the 259 Flat Ii'areContractual. Agreement.; and

WHERF.::.AS , staff was directed to ;::,-tudy proposalmade by Director Victor Carter regarding the extensionof Line 30 into the Ramona Gardens area. to pcovic~xpanded service to the Evergreen and Ramona C~ardens areain lieu of staff f s propo.sed Line 87 modj_ficat:i.on; and toreport back to the Board on the feasibility of thisproposal , together with equipment requirements;

NOW, THEREFORE , BE E2 PJ~SO:LVED ) that the GeneralManager be and he hereby j s authorized to make appropriaterevision of the Official Route Be ions adoptedNoveniber 1:- , 1964, as amended , to inC:~. l'0 01 i rc;t RevisedPage 87, to become effective concurrent with ~he opera-tional opening of the Hospital Busway Station and

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contingent upon results of study regarding Line 30;subject to the approval of the County of Los Angelesand the Consulting Engineer;

RESOLVED FURTHER, that staff is directed to ~)hld.ythe extension of Line 30 as proposed by Director VictorCarter, and to report back to the Board with the resultsof that study.

Consideration of Avmrd of Contract IIli th an !~iE-inee:::-ing.l:'f' irlT:to Conduct a Subway Systems Analysis Study - Carried Ove~('

The matter of award of contract to the firm of Foster-Miller

Associates , Inc. to conduct a ,SubvJay Systems Analysis study at.

;';:

cost not to exceed $95, 000 , subj ect to the concurrence of SCAG a~d

U"MTA , vms considered by the Board.

Director Victor Carter , Chairman of the Finance COlmni ttee

stated that the Finance Committee had considered the Committee or

the Whole report dated September 25, 1974 recomrnending authorJ_

of the General Manager to negotiate and execute a contract Ty.ithan engineering firm qualified to conduct the Subway System:::; i\.na~y:):l.

study, and the Finance Committee approved the recomrtlendation aE:.

contained in the September 25 report , and so moved , which motion ','fa.s

~;econded by Director Eyraud.

Director Hugh Carter presented a substitu-ce .motion. that the

study be raade by the firm as recommended and selected , but that

~~.

":J

be carried out and coordinated lInder the direction of the raDicl

transit consultant at such time as that consultant is selected

which motion was seconded by Director McMillan.

President Neusom stated th&t we all want the study to be maae

by ~lomever we select to do the plann and program :l"or us.

was pointed out that the rapid transit corlSlLL might not be

appointed for several months.

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Page 15: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

Mr. Neusom stated that it might be helpful to get clear and

precise language from UMTA as to whether we should proceed

immediately and get the answer by 'ehe next Board meeting. Chi ef

Engineer Gallagher stated that he could get the answer from UMTA

and that Dr. Money of UMTA had stated that UlVI1"A has endorsed the

Dro ect.rector Victor Carter revi~wed the history of the matter

from the time the Board had approved the R0'P Y S on July lo.

Director Hugh Carter I s SUb~3ti tute motioD ilf8,i3 voted on anl'.L a__,-2

to carTY by a vote of L~ to L!-

Director Victor Carter I s original motion was then voted on

also failed by a vote of 4 to

Mr. Neusom stated that by next meeting we should ~ave

information from DIvITA and suggested that the matter be tabled ~)_

the next meeting.

:Director McMillan thereupon moved tha"t the Board proceed

the recommendation with the proviso that the consultant CT,

be required to cooperate with the consultant imate=_y retaL;.

,::

hancUe t.Yle overall rapid transit jyroj ect 'ifv-hidi In,ycion -vm::::, c)ec crL:c

by Director Takei.

The motion failed by a vote of 5 to 3, with six votes be

necessary to carry.Mr. Neusom annou..."1ced that the matter voJOuld ac;ain be cons~Lde:cec:

at the next meeting of the Board

Report on Rapid Transit Deve C!l?ment

l1anager of Planning &; Marl\:eting (-:Teo McDonald reported

on two elements of the rapid transit program, the tecrillicaJ. WOTI\~

and the public information effo:ct.~ r:--.1::;7-

Page 16: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

\',Ii th respect to the technical 01'1'o1't , Mr. McDonald! s repor-c

included remarks concerning:

'I' wo studies by the con fil'1TL3 of Gel' I~ng~Lneer8/DMJM and 1'1)"allace , McHarg) Hoberts & dci Tn vine; to dowi th alignment along the Santa Ana Corridor

Arthur D. Little studie;:; on comrn.unity impact and thepossible impact of having a hie;he:c sales tax in 1:.,03Angeles County if Proposition A passes

Hecomm.endation that the Tunneling analyc::is and the medituncapacity system analysis studies proceed

rimetable of criteria s cudy to be used for adopting initio:'rapid transit componen~

He then reported on the informational efforts and the face

that the recent work stoppage had all but kept the rapid transit

and the transit improvement programs out of the news media for the

last two months , but the staff is stepping up the effort s in the

last month to compensate for that. fIe reported on the importantenc1oY'C"' cments which have been received , the wo wi -ch CACORT and

the advertising supplement which wLLl be in~)erted in Sunday pape:2:::,

on November 3, just prior to the November 5 vote, and requested

Mr. Gilstrap to report on that.General Manager Gilstrap reported that packets had been

distributed to Board Members containing va:c:iO'L1S items of info:c-

mation which the public informat:Lon staff had prepared and stated

that those in the audience could obtain these packets as they leave

today I S meeting.

He then displayed a copy of ".:;11e insertion \'Jhich would be

included in the Sunday papers on. November 3 "i1)'11ich Mr, McDonald

had referred to entitled rrRapid t - 1'he Plan. From Your

Point of View. He explained that the insertions will have maps

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which are regionalized , according to the area In which each

newspaper is distributed. About 3, 000 000 copies will be distrlbut

at a cost in the neighborhood of ~)200 , 000. stated tha.t; Gene

Counsel Pow8rs and the DistrLct! s Bond Counsel tIle fir' m of'

O! Mel veny & Myers , had looked into the legality of the insertion

and requested Mr. Powers to present his report.

A transcript of the remarks of Mr. McDonald and Mr. Gilstrap

is attached to these Minutes as Exhibit

General Counsel Powers then presented his rel)o:tt outlinine:

the re;:ml ts of the review of the proposed advertL3ing whichbeen made by both himself and ~3ond. Counsel. report concludee

that the brochure , used as a new aper er~ , constitutes a

distribution of informative material to the voti:::C~~ in vri th the law. A copy of Mr. Powers ! report dated October 22

is attached to these Minutes as

,..-

Mr. Gilstrap stated that the staff vvould be j)leased to anc:;1;j\:; C

any questions and is prepared to discuss them ir1 detail. He s tb,

the staff feels we have good information vlhic.h \'fill be plac:ed

hands of millions of people the weekend before the election

that this is a necessary and desirable part of m':Ll' fu.:n. cGion

the law to lnform the voters of thi;:~ vital :Lssuc.

Director Hugh Carter inquired of the President if vmu=l.

a motion on this matter , and Pres ident l\1"eusom :ceplied that he diG.

think a motion was necessary--that this was an informational

report.Accordingly, there being no obj8c~ion to the newspaper lns :ion

and being no need for formal action, the

.. . ' .",,-,'-'.

c. ,- was concluded..

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Page 18: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

Director Hugh Carter remarked that he knew there was a

diversity of opinion as to whether direct mail or newspaper ads

are preferred , and stated that a nlli~er of campaigns he had been

associated with relied on their last contact to be by direct mail

whereas he noticed that the Dist;rict is relying solely on newspaper'

advertising.Mr. McDonald then reported that copies of the Dorothy D. Coi.~

fourth public opinion poll results were available , which poll was

ta.ken when the severe impact of the recent strike ",ras in t;1'1e ;l1illd:)

of the electorate. He stated that as of two week::.; ago there Ida::..

still a strong stated desire on the part of six out of ten voters

poll8d to endorse the sales tax proposed by Proposition 1.. Copie;:;

of the highlights of the poll were distributed to "che D:l. rec-Go:c~;

a copy is filed with the Secretary.

API2.?:L~

!.~

of Prp:sident to ~Jarci. c::~LI~~x~~~~tg~:

~:,

i1.e \.m,?Ets~anPu~blic Transit Association - Ap:rrova~-.?f T:r~ wel to Meeting::;

After discussion, on motion of Director lfugh Carter , Vice-

Chairman of the Personnel Con1l11i ttee, seconded and l.1l1animously

carried , the following resolution was adopted:

RESOLUTION NO. R- r4- LI-

RESOLVED, that the President of the Bocn~d of Directorsbe and he hereby is designated as the public body officialto represent the Di;3trict as a Director of tfle .tuner:LcanPublic Transit Association , and the Treasucer be and hehereby is authorized to pay the costs of travel and expen~:esincurred in connection 'W'ith attendance at meetings of saidAs sociation.

Commendation of President Thoma~c', G. 1~.e"L1SOrl

After discussion , on motion of Di:cecGv.:' i'1cl\;Iillan , seconded

and unanimously carried, the following resolution was adopted:

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RESOLUTION NO. :R-7L~_LJ.

RESOLVED, that President Thomas G. NeusoIn be andhe is hereby complimented upon his appointment as ChaiY'TItanof the American Public Transit Association Governing BoardsAdministrative Committee;

RESOLVED FURTHER, that President Thomas G. Neusom beand he is hereby coIDW.ended for the time and efforts heclevoted in connection with the recent \'fOrk stoppage andthe settlement thereof.

Approval of Organizational Change:3

After discussion , on motion of Director Hugh Carter , Vicc)- rman

of the Personnel Cow~ittee , seconded and unanimously carried , the

following resolutions were adopted:

RESOLUTION NO. -74- L1-0L~

WlIEREAS , on October 22 , 1974 the Personnel CoJn.mi ttceSurface Operati ons-Advance Planrllng &; Market.ing J"oint Com-mi ttee and the Finance Committee considered and concurred inthe General Manager I s report da.ced ~ruly 26 , 19r , a copy ofwhich is filed with the Secretary, recom.llending organizatic:rJ.:;,1changes , many of which were contained in the Cresap, McCo& Paget report , including establiSI'.Ll1lent of certain new po:::;i"i:.:.j. onstitle changes and shifts of responsibilities in non-contractpositions;

NOt\! , THEREFORE , BE rrc ITCSOr.,YED , that ,:eneralbe and he hereby is authorized to make adjus~ments in thebus system organization structure as conta,inc in .I:;he Organi-ation Chart attached to these Minutes as F:xhib:Lt 5 , effectOctober 20, 1974;

RESOLVED FURTHER, that the following rcconJ.mendationsoutlined in the aforementioned report be ana the same arehereby approved effective October 20 , 1974:

The General Manager is authorized to establish andfill tvlenty (20) positions in the classificationssalary ranges and nlliDbers , as follows:

One Manager of Employee Relations in I~xecutiveGroup at a salary of ~~33" 2lj.0 in salary range$29, 400-$37, 800

One Manager of Customer Relation

. ~

cutiveGroup at $21 000 per year salarJ range $18 900- $2~5,,

19-

Page 20: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

One Manager of Market Research at salary grade 16($1622- $2009 )

One Director of Training at salary grade 14($1457 - $1805)

One Senior Recruiting Specialist at salary grade 13($1381-$1711 )

One Community Representative II at salary grade 11($1241-$1537 )

Ji' our Schedule Maker II at salary grade 9($1115- $1381 )

rhree Community Representative I at c3alary grade 0($1057 - $1309)

Pi ve Schedule Maker I at salary grade 6($9l~9-$ll76 )

ITI. c,"" cre ary

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The salary for Assl. sta,nt General l/Ianac~cl' fOj.~ ~L;'be adjusted from $28 , 5~)5 to ; )30 ) 025 I)er year vV.i thin tn.,;existing salary range (~)27, 430-$35, 870).

rho position of Assistant l,lanager of Operations,($2236-2770), is changed to J'\;::;si~)tant to the Manager 01'Operations , Grade 19 ($1964-2359).

RESOLUTION NO. I\- 7Li- 4o~;

-------------

'iifHEREA8 , it 5..s deernl:cd desirable ' Ed') organ:i.zatplan for rapid transit should be adopted at this time; and

HIlliREAS , on October 22 ;) 19'""(I; the ~)urface Operations-Advance Planning & l'/larl':etand the Finance Committee considered the Gorce IIIanage:creport dated July 26 19~rL~ a copy of which i~; filed VIJ-

the Secretary, containing the rap tran~):U:; 0 J,zatrecommendations which had been presented C:c:,~Iv1cCormick &, Paget , and recommend adoption 0" thO:38 recom.mc:c, ...

dations in principle since they will form basic structureof the rapid transit organization , with tIle lljlderstanc~incthat the rapid transit plan in the interim period. be coonated and carried on by the District Project Board of Con'Cl~ o:~

under the d~rection of the Board of Directors and withfurther understanding tha c pos;;ible changes may be neceS;;E~r~/at a later date;

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Nm'l , TlIEREFORE , BE I'l' tl1Ev t the o:cganizatplan for rapid transit as conta the Organization Chad,attached to these Minutes as Exhibit 6 , be and the same ishereby adopted in princip :VrTtl~c:ll.e-undc:::rstanding that therapid transit project is to be carried out by the District IPro j ect Control Board under the direct:Lon of the Board ofDirectors.

Consideration 0:(' Non- Contract ,salary and Bel~_ef-

;j:_.__

j\!lJ2Jst;ment2

eEi:rried Over

On motion of Director Hugh Carter -, Vice-Chairman of til.e

Personnel Committee , seconded and Gillanimously carried , Agenda

Item No. 21 , reading as follows , was carried over to the nex~

meetinG'

Consider approval of Non-Contract sa:! ary a~~d benefitsadjustments as described in report filed with theSecretary.

-f' Retentl

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of Procedures for Sale of Noyemb~r IvIon ~b::~;:';l.--_

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J;es

With the approval of all Directors present , the retention

Line No. 132 service and ratification of procedurc~f; for the saTe

November, 1974 monthly passes "\'181'0 ao. Q'ad t~) tl1.8 AGenda = or cons " C-v'-'

After discussion , on motion of Director Cha:Lrman ef

the Surface Operations-Advance Planning &; jVla, rl-\.et oint Com.:n:ittee

seconded and unanimously carrted :; the follovvJ,l1g re;.:;olutions were

adopt-;ed:

RESOLUTION r-L.J.-(.- ,-!--

Wlf'~REAS , additional ;:oervl.ce to Cerrltos College andCe:cri.tos Shopping Center has been provided by HawaiianGardens-Artesia-Downey- Lal':,:01J'TOod Line No. 132 on a six-montht:;rial period ending November 2 , 19Crlj. ; and

WI-IER12:AS , on October

- ,

thc': Surface Onera tion:::-Advance Planning & Marl-;:etiiJ,

~;

Je;1 n.-:: CamIlli ttee and the l"i"'ina;:-~ cc;Comrlli ttee considered and concu:cI'ed. re;-:o1'-1:; datedOctober r( -' 1974 , a copy of which is ::'. ic::'

- '

:1. the Secret13x'recommending retention of the aforementioned service to .becor.leeffective November 3, 1974

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Page 22: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

1710RE o"'"):j' "' m " )"nC'r~' rr'-.'- '. '-' . .1J. , 1:)." J. .lLl!., 0 \.!.L.J V .

, '

c.na'C retention of s

:':::

provided to Cerritos CollcrFC a,rld Y'Y' +0'. ' 8

-';

f ( n+.

_. ..

c. '."- ~~:J .J~. kl) v ~.vC;;.by the Hawaiian Gardens-Artesia--Do'ATney- Lal~e~'iood. :Line No. 'L:; hereby a Droved effective Novemb(:;

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, uv. v vVapproval of the Consulting Engineer.

RESOLUTIO~

..:._

I~-74.HESOLVED, that the procedure of ;:;el1 , Nover:1.ber, 19'

monthly passes commencing on October 21, lSir(4 y with saidpasse::.; being valid for tranSpolntat~L.on the balance of themonth . of October, 1974 as well a:3 the month of November -, 197'be and the same is hereby ratified and approved.

Rai;..?fication of Ia~_~Lblf President Tbol11a. :::; Co , Newsom

---' -'--"""'--"---..",., .,.....,.,-..--

With the approval of all Directors present , Y'a cification o:E'

travel by President Thomas G. Neusom was added to the Agenda.

j'~fter discussion J on motion of Director '1lictor Carter , CI~airnIan

of the inance Committee , seconClcd and u:n.animou:":jly c;i:1yr:i..ed , the

following resolution was adopted:

RESOLUTION NO. E--'7Lj_ 409

.,-.---" "----' ..--

RESOLVED, that travel by President 'J:bOTYl':1S G. Neuson~on October 13, 19'74 from Ac'apulc:o 1v1cxico. :c...,os l\ngelC:i:California to attend emeI'g(.:~.cy meet in con.nectioL vIilabor matters, be and the r;ClJne is rat ied and approved arl(~ithe Treasurer be and he hereby is authorize to pay expensesincurred in connection with said travel.

Interim Repo.rt Hec:arding PublJC 'I'rarJsDortat;

-_._,----_.._~_._,..,__

9__, ----_.._--..-------...--

~_._--_._-.. - ...-, . --... -.-

Annea"V'ance of Coun'"'ilman Ti' ck. "fiaD qnd ':Ia'~

('.

rDe ,n" onc'K-::__

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Ad?.p.tio(l O:f-B so~ tio.n _13e&arding :Eq- ipment ~':pec ifica t ioI:L

..:

fc)Handicapped Persons

RTD Director of Safety Jack Walsh presented a report dated

October 18 -, 19711 entitled :I Interim Eepo.rt on Service to. the Elderly

and Handicapped. The rap ort d~-".tailed the baclccrO"llnd of the 1~:'I'D

staff I S investigations and results of s regarding provi

improved service to the handicapped, lncllxG--,-".~C 1 alation , c:~vail-

2~~-

Page 23: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

ability of financial assistance , what other transit properties are

doing, input received from organizations and agencies represent

the handicapped , status of plan for a pilot Demand-Response program,

ava:Llability of transit equipment designed for the handicapped

including the UMTA funded Transbus project (late 1977 or early 1978

before production models "rill be available) and comparative figure;,~.

between costs of present equipment and future purchase of only buses

designed and equipped for the handicapped. Manufacturers have

indicated that in order to achieve a 10Twer floor on buses i-c, 1;::;

neces Gary to reduce pas senger seating capacity from 51 to 41 or 43,

with two more seats being required to be removed in order to acc

vlheelchairs. The net result woulJ be that for evc;ry foal' busc:;::

currently purchased the District \"lould have to bl,i,J five in T'

future to realize e~uivalent passenger carrying capacity, or a

25% increase in the fleet. In addition, the cost; I,muld be about.

10~b more.

The report concluded with the fact that it remained for all

concerned to determine the best means of achievln:.:: the goal and

to move with all haste to mal;;:e tran:Jportation 'i'lithin the HTD! s

service area a reality for the aged and handicapped citizen;:~.

A copy of the report is filed .with the Secretary.

Councilman Ed Edelman appeared before the Board and in.-croduced

several persons representing the handicapped who had accompanied

him to the meeting, including Dr. Caroly.n. Vash , Dr. Jacoby, Attorney

Milton Miller and Attorney Mason Hose.

Concilman Edelman stated tha, 'che report i'Thich Mr. ~ralsh

prcE3ented was long overdue and there is g:CUVdl:.

:":;

,:;oncern in the

23-

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----- -_.

community about furnishing service to the handicapped. He said tlle:t2

are I , 200 000 disabled people in Los Angeles County alone who canna

;:;

use the present system, and said that l:L'l.less spec ications in

futuro include availability for the handicapped l10 doubt the Los

Angeles City COlillCil will not sITpport the RTD , and if elected tothe :Soard of Supervisors he certainly ~rould not support HTD plansfor subsidies unless specifications are included in buses to hand.:L(~

the handicapped. He then requested that the Board hear the handi-

capped representatives who had accompanied him to the faeeting.

President Neusom stated the Board would hear from three of them

but the tDne alloted for each could not exceed five minutes each and

further, that the details would have to be taken up by them 'tIith

the staff.rhe following are the principal statements p:cesented by

Messrs. Jacoby, Miller and Rose:

rhere are almost 2 000 000 :cider:::; who would. ride the buse~)if they were equipped to handle them, with resultant increasedrevenue to the RTD.

Class action suits have been filed in both Ma~yland and NewYork by disabled members of those cornrrl"\..1J1ities stating theyare denied access to publ:Lc "transportation. Peel they \\foulcibe successful if a class action suit were f in Calif'and it is up to the RTD Board of Directors to ,see that th:L:3not happen and the ETD tr-rcls enjoined from purchasing buseswhich carmot be used by the handicapped.

cco e E:,

By 1980 an even higher percentage of the people in the U:.'litedstates will be over sixty years of age , and dial-a-ride systemswill not work since there are too many people to use them.

The California Civil Code states that the physically handiCE);eJDedmust have access to facil:Ltie8 . and nobody v,rill build a 5\11"(:'::1"01(:

bus until they are asked to. The handicapped people are getthe runaround , and Rohr represer,ta.tives a year ago hadindicated they could build

" .

V'ih:'Lch could have beellready today. The matter of money f\c .~ 'lJ. rchase does not eerGerinto it-- if you plan now it will. save lllOD(j Ii' the RTD doesnot change their orders now' it i'Till be a tn.:mendou3 cosi.:. toconvert the new buses , and the handicapped people would do coby means of an injunction.

21.~-

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At his request , Vice-President Cook '"\lJas furnished the cita-c::Co1

nUlnbers of the Maryland and New York class act:Lon suits.

Director Hugh Carter asked for clarification of the current

law v\lith respect to bus purchase~). General Coilllsel Powers stat~5 ~hat

to the best of his y",novlledge and replying from m!3ffiory tne lm'l

requires that transit facilities be constructed so as to accolT'.u:noda~

the handicapped , with a proviso vdth respect to public transit that

such :::;ystems must be so equipped when equipment i8 available .from

at least two sources.

Director Eyraud then inquired we have not discharged our

responsibilities.D:i rector Victor Carter moved that speci:L' icatlons for bU:Co8:;

pu"' chai3ed in the future provide facilities to ac;:orrunodate tne

wheelcl1aLc handicapped persons , which motion wa~) "econueCl.

IIII'. Dan Hearn , represent the Hohr COTT; ) 8 eared b 0:2"2

the Board and was asked if Rohr had a bus diately available.

Mr. HearD stated that the DIVITA plan l. S .,:'0 b. the bus (Transbus)

in late 1977 or early 1978 , and felt that no full size bus

available at this time.

(President Neusom departed the meeting at 2 .L~O P . jJi. ane.

Vicc- President Cook assumed the chair"

Director High Carter inquired if RohI' would bid on specifica~ions

for buses for the handicapped. rh' . riearn sta e,ed theY ,"\Tou_LC~ bid.

Upon further inquiry he stated that delivery .cime ror OU8es at the

present time is eight months"

Director McMillan stated that he r~tood that the State 0;

Pennsylvania had provided money for pUrCh&S2 u Ls type. 1'al..

Cow1sel Powers was requested to investigate and i.:;u1Jmit a report.

25-

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JJLl' . Hearn stated that the IE: Ollcjo:ced by

copec:Lfications must be approved by UIvITA, and it II'Te,S his t!nder-

stancUnQ; that this approval vvill not be Given 'urLtil late 1977

early lC)78.

General Manager Gilstrap stated that the District had gone to

UI1Ti\ and the manufacturers , and elt that one v;;a:/ to clari:l'y it,

would be for the Board to take a position that specifications include

facilitiec3 for wheelchairs anG. ,;ee what happen:::;.

rector Eyraud inquired L!' lire couldn ! t d'2:::; a means of CO:-

vertine; present equipment and n,)-(, ','.rait:. until or 1973.

Director Victor Carter felt the District sho~ld C8 b,

membec who is handicapped in a v\Theelchair vmo ltJOuld be ~lelpf:.1.1 to

the staff , and so moved to include his 0 motion

motion was seconded.

Director Eyraud moved a further amencL.11ent tilat the staff

prepare specifications for carlI/oTting pee sent equ. :c.-iJment tc, 8ubmi-i.:;

to the Board for consideration :rhich mo.tion wac'") econded.

rhe question was called 1'0:(' and the ocicinal mo'cion witCl the

tvIO amendments unanimously carried_ , and the follovving

resolution was adopted:

RESOLUTION 71, ,

:__ .:'~. :=., ,:!:-=_~:~

~THEREAS it is the dec; ire of the ot' Di,Tcct()TJof the Southern California :P,apid 'I' ransit IH",trict to ec:,--,

buses so as to acco:rnm.odate physically handicapped persons including those in wheelchairs'

NO'i'l , TBEill'ORE , BE I'r rU':;;OLVED that ~:",pecificationsprepared for buses to be ~rchased in the future providefacilities to acc offi.tllodat :-l.andicapped pcI'f", ons :; includingthose confined to wheelchairs:

HESOLVED FUHTHER, that the 3tai~ n::;tructed to pre-pare and submit to this Board for considcl'at:.ion specifi.catlons including estimated costs , for the convert1ng of presentequipment to acco:rnm.odate handicapped persons;

26-

Page 27: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

RESOLVED FURTHER that Gene:::'al Manager is a-zed to employ a handicapped pen:;on :-~onfinec1 to a whe ",rhoamong other duties , could l)e helpful to the :staff in ueve:Lopingplans and specifications to carry out the aforementionedproj ects .

General Manager Gilstrap stated he \fJanted everyone pre e;n:c

to under~;tand that no changes could be made in 300 buses now on

assembly lines and to be delivered in the next 60 days , bu~ thaG

the retrofit would be included in specifications for future oraers.Attorney Darryl McDaniel resenting the Los Angeles

Chapter of the California Physically Handicapped , stated

, .-- ---

view of the actions taken by the RTD Board of Directors today he

would recoHL'nend to his organization members an endorsement of

, ,, '"

J: ,_OpO~) l"Glon Vice-President Cook urged all handicapped persons present at

the meeting to do the s~~e.

T~cpo of the General Manarer

~, -- -- .-----------. ------_. -- --

2...:::..

General lVlanager Gilstrap prcsen"cecl a brlei' report :::-ega rding

Federal legislation. He said he vms in .Wash:mgton on October 18

and it looks as though there is a chance of rev~ling the very vi~al

long-range Federal transit aid :Jll1. 'I' here been some jurisdic~io~~

and procedure problems , but 'when. Congress gets ba on November

there is a chance for a vote on a long-term F ral financing b

N extJ~~gul~r Me.sJ; ing

On motion duly made , secon5ed and unanimously c

fol1cnv1ng resolution was adopted;

-27.-

Page 28: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

RESOLU'TrON NO. n- (L~_ LI.

RESOLVED , that the next Regular eting of ~heBoard of Directoes of the District be held jn the Distric~ I s

Board Room, 1060 South Broadway, Los Angeles , California , onTuesday, November 5, 197L!. , at I:OO p.

There being no further business , the meeting was adjourned.

r-i , '1'"-/IP

, 1'/ i//

/...

l/ !t/~t-/L"

~C

?;.?," ~

Secret.a:1y

28-

Page 29: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

STATE OF CALIFORNIA. CQU:-.ITY OF LOS ANGELES EXHIBIT 1

I, JAMES S. MIZE, Executive Officer and Clerk of the Board 01 Supervisors , do hereby certify that

ARTHUR BALDONADOreappointed

yyyy

was duly eili!efM

as a member of the SOUTHERN CALIFORNIA RAPID TRANSIT

DISTRICT BOARD OF DIRECTORS

---,

of Los Angeles County, WITNESS my hand this 4thday of October

~;(!

EJ(ecutive Officer and Clerk of the Board of SupervisorsjitfDeput'-j

OATH OF' OF'FICE

ARTHUR BALDONADO, during sue:, til"T".e'5 as i held tho abovo office

00 solemnly swear (or affirm) that I will support and defend the Constitution of the Uni'!ed States and the Constitution of theState of California against all enemies, foreign and domestic; that I wil! bear true faith ,!riel OiHegiance to th~ Constitution of theUnit~ States and the Constitution of the State of California; that i take this obligation freely, without any n,mtai reservationor purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about

to enter.

thi~, dayd October 19 74

Subscribed and sworn to before me

/:;- ' ~~~~~ ;~::

Signature and tit of person administering oath

Secretary of the Southern CaliforniaRapid Tr~rsit :qistrict

) "

R"" 7/68

Page 30: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

? .

l'FU\, r OF PFOPOSALS TO FURNISH MA'"':'EilIAL

-. "- - .--- ..

.----. . u

....... -"

"... u

_-..

Se~~!:. l~_I4- Total___L---JiIl"I

""! ~.

i?":. 19..1.1- ';'(',t~1

______..

I; fi) Ti\BULATJONNo 81 d

_,,~._- _...~. -..

r ~~No CC:JiJ" ,,

--~

A. crIMES; 1"" - c l (i :;(";x~.__ll. 19_:I~

; :\ TIT Y ARTICLES

lc)n::; ZONELAC CURB PAINTS

900 Red 1 Gal. Can

l'fni to 1 Gal. Ca.;""l

----...-. -_. ---.. .-." --.. --" -

" ""n

... ."

110 Oranqe 1 Gal. Can

'------ '--"" ....---..-......- ... ...-" ...-.. -...

1 0 0 ! G ray

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.--

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J_--------_

.....

5 Gal. Can

-------

SUB- TOTAL

...--- -.-----..---.---- : , ) '

;?-I' P:; . rl~O';: ri,cC; ~ OJ () U:;0:: .

"'!

u: (0 ifj '-rl

r:r:: ::; ..-1~Li

(~,

:::i . 61.cG~P1 .c:::~ rl

J:x.1 . C' 0t:)~~Pf.:ICE

EXHII3I'I' 2," I.lie-Ill" Sop.t. 25 1'...:'74

3ID NO. 9- 742-4

-~_..- --.--

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, ./0

f:-I : ~':. '1::

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, ;Li

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p.! '

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~;

::~; 3

: :-C

rLi ' 1:.cJen 'fe;

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i.i1

PI' ; I ('

.. " ..."

P f-(l C f: PllfCr-:

i ~. rei

('

58/Gcl )J"

"'----"""' '" . ....- ...-.......

37/Gdl ' 6Q S4/Gdl

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::; ~/qaJ

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3 . 3 4lgj3.

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..L. l;;"c'l..l+..__~_

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'-i

: 1 2/G ~ j-o 0 ~.r.._ , 1:'~..L C:::':/\.jaJ..

,--------..------..,,---, ....--........ ---- , ...---

..L...----

;......----...--....

6% S~ES TAX

__"...!._--

996 . ~l..--11_ CJ!+_

~---_._---__--__

_.__n

_..__.. ,,-...---

L--.__~---- T E RJ'1S

___---........--..-" ..-.

(DISCOUNT)

..--- .."---"------------.------..------...--,...... ..--.."".. ...........-.. . .... . ......"..

GRAND TOTAL

. -----------""'---" "'---"- "---""....------ ...--- .. "--

"""--U"-----_u

""..( *)

I."orce Majeure c;Lause ~il1 takeeffect after first 90 days.(See l\.t tachment)

-.."..---.. ...- --- -- --..- --..".-... .... ... - -- ... "'..

,,_.. n

.._........-----.....-...---- ......-----,, . ..-.. --.. -----...,,---...

I i!(l n~b'y c(l rtity

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----"--- ----_...-... " ....

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i~14.

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7 600. 13 ~2 0 :3 26 ._n..

..- "-

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C;:()mpdny..__...- .

jm' 'st n, :.,pcJtlsihi I: bidder . Find rccornrnrnc1 Lh

Iji fWilll;, ,.;:d,' :) 7:1\ of

-- .

~J7 1--600.

0 (' ~,.., J')

...-

. 1.6 + lCJ7tL

..." ,,.._--

rH;~ti;nwnl to lhc iT: (o! lOI:Ll bid Ii;

..--_

a:::; Delng en,:

Page 31: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

"'~,~ " ," n ".", G

~J'U/" ,.h."ji. r',.' ~. ,r:" ~w,,'J"ii,' ,h

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_.,- ._-" ~----..'.. ,,-_..~' ----~, --_..,_..,- _..--,.._ - .-

' n

MANUFACTURERS OF TRAFFIC PAINT J, E. BAUEPJ COATiNGS1021 0JORTH MISSiO0J ROADLOS ANGELES. CALIFORNIA 90033TELEPHONE: (213) 225-4154

FO?C'.: 1~A:.f::uRE C:,":\liSE

SELLER SHALL NOT BE LIABLE FOR ANY DELAY IN TI1E MAi'lUFACfURE OR DELIVERY

THE PRODUCT DUE TO CAUSES BEYOND ITS CONTRO!..~ INCLUDING Btrr \"iITHOlIT LIMITATION

ACTS OF GOD, STRIKES OR OTHER LABOR DISRUPTIONSH SCARCITY OR UNAVAiLABILITY OF

LABOR OR MATERIALS J FIRES , WARS J CIVIL INSURRECTIONS

:.

ACTS OF GOVERNMEJIi'1'S UR

GVVERNMEN'TAL AGENCIES AND UNAVAlLABILIIT OF MEANS Of TRANSPOtlTATiON OR E~'2~C,(

WHICH INTERFERE WITH OR PRECLUDE THE PERFORiViANCE OF THIS AGREEMEN'r BY S::LI.

;::;~

ON A REASONABLE BASIS. IF SELLER IS DELAYED IN THE 1V'ANUFAC'TURE OR DELIVLn

OF THE PRODUCT DUE TO ANY OF THE FOREGOING CAUSES , 'I'HE PRO DUC1' WAS TO H.-

BEEN DELIVERED DURING SUCH PEinOD OF DELAY SPJ.l.LL BE DELIVERED AT 1-rlE SAME )tATE

OF DELIVERY DURH!G AN EQUIVALENT PERIOD OF TI!vlli COMMENCING AT TI-!E END OF THE

REGULAR SCHEDULE OF DELIVERIES TO BE MADE UNDER Tr-IlS AGREEVLENT $

.T. E. BAUF!( CCiA T n;r.s

nivision of Whittaker Co1j1:wrttion

;~;(. (

~hLdi~Ch:"' tcT I. Ec\:"'1ondson

:~c.:~' :~r~(l ' Jan,l'Ter

~~?: " ;;( :; -

A DIVISION OF

\~,~'\~~

1hl~'l.1t~~

Page 32: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

EXFrIBIT..,...

Comments of Messrs. McDonald and Gilstrapon Matters Relati ng to Rapid Tr;':i l1sit Development

Mr. McDonald:gentlemen.

Mr. President, mem.bers of the Board, ladies and

My report today will cover two elernents of the work. First of allthe technical work, and secondly, the public information effort havingto do with the referendum two weeks froTn today. First of all, at thetechnical level there has been a limited amount of work ongoing in thepast three months. As you know I(aiser Engineers / VIVUM, and Wallac e

McHarg, Roberts and Todd completed two studies having to do withalighnment considerations along the Santa Ana alighnment and thesehave been transmitted to your Board. The firm of A. D. Little is justabout completed with a series of rather minor comn1?,mity impactanalyses and when these are completed they also will be transmj.tted toyou. Also A. D. Little has looked at the possible impact of having higher sales tax in Los Angeles County given succe ssful passage ofProp. A as against a lesser sales tax in surrounding counties, andwe will be transmitting this to you within the next two days.

I will report to you that the Board of Control Vlfants to pursue, withall dispatch, the tunneling analysis that you ve Just been consideringand the intermediate capacity system analysis and I ~3hould like to tellyou why. We want to pursue these matters because we will find it ofvalue in making our initial rapid transit coIllponent recorDmendation toyou in some six months. We are now on a timetable and we will bebringing that recommendation to you in six months 1-nd we feel thatthat information will be of value to us in making that recommendationto you. You recall that two months ago , you asked w; to prepare aseries of criteria that might he of assistance to you in selecting theinitial rapid transit component to be constructed in Lo s Angeles County.We hoped to have that work for you today. We do not, we will have by the end of the week and it will be transmitted in writing to you. have enlisted the support of A. D. Little on that also. I will say toyou that some of the cities have shown great interest in Criteriathat you will use to adopt the initial rapid transit coIl1ponent and will suggest that the draft criteria also be transl1'1itted to all of thecommunities about the basin so that they will have an opportunityto express to you their views on the criteria.

Now to the informational effort. "\(cu will recall perhaps two years agowe said that the electorate of Los Angeles County ought to have a goodsolid ninety to one-hundred days ill WhlCh to consider a final plan.

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After your adoption and SCAG adoption of the plan in July Pm pleasedto say that ninety day period was po ssible. The unfortunate thingis the work st oppage, as I reported to the Board last tirneo all butknocked consideration of the rapid transit and transit lrnprovementproposal out of the news media for some two months. VIle think thatis unfortunate. We are seeking to step up our efforts in the last monUclto compensate for that. I' m pleased to report to you that we have arather impressive number of endorsements that include ~). i'tfually allof the largest cities in Los Angeles County with the exception of SantaMonica, which includes a broad range of regional organi~ations includ-ing the Automobile Club , the Junior League, the League :If WomenVoters, SCAG; organiations that are not local in character but areregional in character. As you know boti1 Mr. Bradley and Mr. Fiahnhave endorsed Prop. A. and both will be working on behalf or theproposition prior to the vote. Both gubernatorial candido , , Mr. Flournoyand Mr. Brown, have also endorsed Prop. A and will be working onbehal f of the proposition prior to the vote. The number of endorsementscontinues to come in and they are being given good attentwn by the newsmedia. As to the editorial posture of many of the news mediaJ vie aregetting good solid support amongst the regional news media. We didlose the Herald Examiner and I believe we are going to lose some of theoutlying daily newspapers that have to necessarily represer.t a I'atherlocal point of view and frankly are concerned about getting assurancethat with the imponderability of federal aid they will not have a gllaranterapid transit line. In order to compensate for the work ::toppage, throughMr. Gregory s department, we have stepped up our distribution of writ-ten materials and we serviced you last time with a packet of such materialsand P.oy has now distributed another packet of materials that we also areproviding. We urge the individual rneInbers of the Board to make useof those documents that they find of value to them and \ve stand by service you with a significant number of them. The Braun Organizationwhich is the campaign organization reta:l\!'led by CACOHT lVIr. Bradshawcommittee, has been very active and they are the organizatiOn that byand large have secured the endorsements. We have been in very closecoordination with them regarding speaking engagements, tec.b.l1.icalpresentation, advertising and literature distribution. We are keen onthe insertion on the last Sunday prior to the vote of an advertiserI'lentsuppi ement which will go in virtually all of the newspapers in the areaand I would like now to have Mr. Gilstrap address himself to that.

Mr. Gilstrap: Mr. President and members.

I appreciate Mr. McDonald' s report and I hope you had a chanceto go through these kits of informations.. I feInk informationdepartment is to be congratulated on the ctpp.x::. they pick in

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where you notice these are not all copies of the same document. Theseare individual messages dealing with special aspects and they are inyour folders. Each of you have a folder and I might say those of youin the audience that we have a spec table set up out side in thehallway. As you leave you may obtam copies of this literature to takewith you and we hope that you do take it with you. I want to talk forjust one moment about one special infor:matlon effort that Mr. McDonaldhas Inentioned and that is this item that is in your boo1'J.et. it' s called

Ra.pid Transit Plan From Your Point of View . This is the insertionthat 1\11 r. McDonald referred to. The copy that you have- - I see mine hasa South Central - Long Beach Special map on it. These insertionsin the newspaper will all be regionalized. We happen to have pickedthis one for you to look at. but in the various areas that map will be ofthat area, Sai'l. Fernando Valley. Sa_t1 Ca.bnel and so forth. Now, Iwant you to understand that a schedule to run the last Sunday beforethe election, that will be the third of November, that kind of distri-bution, we are talking about roughly thr'ec alillion copies 01' this. willbe put in the newspaper. and because of rhc cost which is in the neigl-;.borhoodof two Hundred thousand dollars for u; mfOrIYlation effort, we had very careful look at this taken by 0 'Ivlclveny and Myers and Mr. Powersour General Counsel. I would like to have Mr. Powers comrnent onthis if he would.

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EXHIBIT 4

iii 1"".) on, , 1I!: E.

;:;

Ii! CEPARTMENTAf..

SOUTHERN CALIFORNIA RAPiD 'fRJU~Sn~ DIS~fR~C'1080 SOUTH IIROAOWAV

LOS AN G E LE5

DO NOT INCLUDE MORE THAN ONESUBJECT IN TH15 CO""'UNICATION

CAY!: October 22.. 1974

rOo J3;.ck R. Gilstrap, General Manager

F ;;-0"". Rfchard T. Powers, General Counsel

S\..!LEc-" ProDOsition A

In order to inform the voters of the nature of the District' s RapidT~an5it Plan, the Public Information Department proposed to run news-?aper advertisements which would describe various aspects of the planned.system. In accordance with our usual procedure; the Legal Department:-eriewed these ads. After seeing them made up, as they would appear in:::e newspapers, we felt that the advertising approach was wrong in that it~Ed all the earmarks of a selling campaign rather than a dispassionate,:ac-..u21 presentation of the plan.

Our concern in this regard was, of course, prompted by the fact:~3.!, under the law, public funds may not be used to attempt to persuadeor i~l. lience the voters. Such funds may be used to inform the voters onl::.e various aspects of a proposition. There is an undeITilible line betweent~e two areas and the difference between the two represents permissibleactivity versus the unauthorized expenditure of public funds.

Because of the dearth of legal precedent on this subject.. and thei::::tportance of the public information effort, it was decided to consult with3ond Counsel and solicit their opinion in the matter. Accordingly.. Mr..::\kDonald and I met with Donald Hodgman of O'Melveny & Myers to discussue proposed advertisements.

\lr. Hodgman concurred that the ads would probably violate theproscription against persuasive efforts by a public agency. We did feel..to-never, that a planned insert section, to be included with Sunday news-JP-?ers on ~overnber 3rd, could be used if it followed the format or ani~.:or:native brochure which had previously been developed by the PublicIX' r :.uation Department. The brochure was modified somewhat and in itsfbal form. was approved by Mr. Hodgman and r.i.1.yself, as to its com.pliance,vtth legal requirements.. and by Mr. McDonald, as to its form and inforrna-!tonal value.

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Jack R. Gilstrap October 22.. 1974

A copy of Mr. Hodgman s opinion letter is attached. He has setforth the areas with which we were concerned and expresses the opinionthat the brochure, used as a newspaper insert.. constitutes a distributionof informative material to the voters in compliance with the law.

C---1 )6~~. Richard T PowbrsGeneral Counsel

RTP!kh

Page 37: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

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Richard T. Powers, Esq.General CounselSouthern California Rapid

Transit District1060 ~outh BroadwayLos Angeles, California 90015

Dear l.'lr. Pm'ler s :

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814, 640-1

The purpose of this letter is to suIT~arizc ourdiscussion and the conclusions reached by our office In con-nection with the propriety of uistributing a se~arate pa~~~letent. ic.led " A Earici Trcmsi t Sys tc:." for .Los hnc;elc s Co1.1n.cy.Said pa~Dhlet is ex?ected to be included as &~ insert in theSun,-Ll~l ceii tion of the Los l' r:gc:lcc8 Times iTI1JTlcd:i.ate.ly preCeain':.i

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Sunday, November 3. Our discussion of the legality of apayment from general funds of tte Southern California Rapidran:=;it District (" District" ce:-~t:ered around a nurnber ofpossible legal limitations. Tncse will be grouped and 6i5-cu~:;::3cci under the follo""ing hec.;, c':':~nCjs; (1) case len'7 li;-:li. tDticHl;(2) ::..~tatutory authorization; (3) information versus argumenand (4) method of co~~unica tion.

1. Case L:J\\cT Linitati,

::-" ,. '

here IS very lit,tle ca~)e

lenT in CalifornlZl on ~1e ))j~o~~ j?1:(;::Y of usinci

::.)

of a pi."iblic

corporation such as the Dlstr~ct for materials to infor~ orpersuade the voter in an election involvinG candidates ormeasures. There is, however one leading case Califor~ia,J.1:inC:~3 v. Del '/2.11e, 201 CaJ... 273 (1927). frilis ca::;;:, involveda r ; i" f Ion 6.- Tainst the Board ot: C(jmI;1issioner~, of the DepC:l:ct;;ccnt

of "' cer and Power in the Ci of Los /\nqelc~s for the improp2r

expcndi ture of funds of the Dc' j",rtment in payment:. for C1.dver-tising Qaterial (including insertions in newsp2Pcrs) w~icheffect was to persuade the voters to vote in favor of bondsof the Department. 'The court llCld -that such an cxpcnc1it:.urc,of public funds to tell the VO~Grs how to vote was impropers ince no~ express 1y permitted the Charter and could berecovered from the Commissioners l.ndi'

.,; '

;111y on the basls

Page 38: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

~f 2 Richard T. Powers, Esq. 10/22/74

of personal liability. Cases in other jurisdictions indicatethat the Mines case states the majority rule in the UnitedStates, see Quillin ~39. 2l.

2. Statutorv Author i ~2tion. l~ the present cas c .there is a si)(~cific st~tutor~ ----:1u .ETlorl zation that is involved.~he provisions of Stats. 1973, Ch. 1060 which was the sDecificlegislation to provide the form of sales tax financing to bevoted U00n s0ecifically provided in section 30844 of thePublic Utilities Code (all references hereinafter are tosaid code unless otherwise statea) as follows:

In connection with the construction of ~ny phaseof a rapid transit system financed by capital financing the district shall filc l:. llC final rcDo:ctr or rcvisio:-:of the existine; final repoJ:t, DcrtaL1incj to such phaseprior to thc CO:~,lcncer,lent: of construc.cion .chc~reof andshall provide the noticc required for a final report toeach affcct::::d city or counc/ in .the Danncr :::::rescri'::::eu Section 30636. Such final report, or revision of theexisting final reJort 1 sh~ll be acco~~an~ed by an env~ron-mental i:"pact report CO1~lT)lc in accorC1(,I1ce 'di L1 )ch'cprovisions of the ~nvironDcntal Quality Act of 1970(Division 13 (co:TL:TlenCin~T \.'itn 52ction 21000) of ebePublic T~esource;s Code). l"o other reuort "eed be fJ. ledpursuant to that act. ~nv other provisions pcrtcininqto the dutics and func-tioll;:: of -::':12 dis.t:Yict, lncludin'preparation and notice of Drcli~inary reports prior tothe; preparation of a final rcpor~ as con lilted by ti1issection, shall be in2')I)licc'.ble; !:.o\,lcver, the cli~; tr ic.shall havc the obligation to prov~de a iate infor-mation to adequately inform the voters of the dis~rict Ipurposes for the authoriza~ion of a tax under Section30834. (Emphasis added.

It is important to emp~asize the fact that Chapter1060 and the section quoted above represent a ~odificatioD ofthe original statutory provi::5low:; in the Ui,::;trict l'..c"t )chatrequire a full scale report in connection IIi th t.11o financin9 ofa rapid transit system (see Section 30636 for procedures andprovisions governing a final re~ort). Such a final report wasin fact prepared in the ~~2. 5 :;il1i.on bond election which failedin 1968. 'The enacb-:1ent of Ch~:1.Ptc:r 1060 repres0;nted an adjust-ment in the statutory framework so tjat the District wouldadequately inform the voters of ~je d fferences in the 1974plan of the District vlithout reDcating r:,c;

')"

rtions of the 1968plan and the procedures that had taken place at that earlier

Page 39: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

jf) Richard T. Powers, Esq. 10/22/74

date. Because of the complexity and wide geographic areainvolved in any District plan, the Legislature used theapproach of permitting a wide discretion in the oistrict ingiving the dc-tails of a propo~~cd financincr plan bi:l;;cci on sales tax authorization to the voters. Since the sales taxmethod of financing in Chapter lOGO was intcndea to be 8oreflexible, the requirements on the information level imposedby the Lcgisla ture were purposely made more general.

3. Information Versus A:cC;lli'Tlen t. The diff icul tline to draw under both the case made limitations and thespecific statutory authorization 15 that between inforrni:ltionand per sua:;ion. 1m examino. tlon 0;: t~J.'e pro~Jo,:;ed !JDErohlet to

be mailed requires not only its general tenor is one ofinformation ar,d not tlrqumcnt or - :crsuasion, ' mt a c.etailedexamination of each paragra ana sentence should yie thesame conc1u:c;ion. Such an cxor:1.in2-tion ~:1Oi.11cl ::;cr:ve no J::::cr:ul

purpose in this SUITl.:'"1ary, b:rt ii:. is our concLl~)ioD. as therc~jult of ~)UCh ':::11 ex2:-:1ination tl1::t t. :,e at:.t2clJ'd ,)i.--":,1.p~-ilet docs

DO. cr:OS~3 t. ile line in-c.o a:cCTu~;,crit..

~:~.::

reel the iClO:::;c. CGi.:;:::;\:.io:,-

able portion o~ the attached ~~~phle-c. is tile sec-c.ion detailing

the be112fi ts of t:he lY' aster :Jl,--,n for ra? ~::.ronc)it. t.O -chc

readers. hlthough this could be characterlzeG 25 a disguisedargument or arguments since dctrl~ental asoeets of -c.he planto .t;le rc~ader~; are not careful 1:.' :3Ct forth, ' ;:: beii2ve "C.!1at.

these provisions taken as a whole are still basically informativerather than an attemDt to 3uade without factuDl basis. I is our conclusion tho.t the r),-,j, l:~' '1:;. C2t ces.tcd the stclncClrcl ofits primary tenor and purpose tall '1ith the statutory provisionof " an obliCSCl tio11 to :Jroviac ,~ppr:' opr i2 tc :i.nfO1~ !'lation . ::0

adequately in:;:orm the voters.

4. - 1etho:'l of Cc:nrr:nn:icc) tion. 1L can bc~ arcJued tll;:~

---

the-: u~-;c-' of the ScU1G3V l'.C C.c. L-:c J.arc e ;:;t: Lo ole smetropolitan newspaper characterizes the

. .

1.(; t ci.S ac..v..:~r.C1,:;L1CJ

material rega~dless of its form or content. ~~c argumen~would be that since newspaper readers arc lar0cly cxJosedto argur:,cnt and advertise::ne;.l.t \'1h(;n rcadinCj the

;'.

C':\J :::a~)C:;r

that the effect of the District Damchlet will inevitablybe similar. \',je do not believe -tills is o.n i. pp:copr ia t.e con-

clusion and it is our view that the statute permits anymct:l1oG. of dissemination that p:ce~:;erves the inrorrJutivecharacter of the pamohle co ". cached is a letter of . lr.McDonald of the District indicating that the selectlon orthe neHspaper dissemination J1l;:::thoo. as done purely on t;K~

basis of reaching the largest r n ~ voters at the lowes-c.

cost. Said letter indicates that the. news ~per dissemina-

Page 40: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

)~4 Richard rr. PO'.'lers, Esq. 10/22/74

tion method is more advantageous in fulfilling the statutorypurpose than the mailing which is a more customary legisla-tive technique to convey information pertaining to candidatesor measures in elections.

Neither to we feel that it is necessary to justlfythe use of the ncwsDaper dissemination by maJ~ing reference tothe paralyzing stri~(e stopped the District from providingtransDortation for almost a a-day period ending October 19and that the use of the newsoaper dissemination is an atto j,:aLe UD for lost time and the..: ~)ossiblc tarnishincr of theDistrict' s imaqe as a result. of the :3 crike. T".c inforr:\ationpamphlet is directed solely to the ~istrict

f s 9roposedfinancing program and is entirelv neutral with respect to anyintervening fortuitous labor difficulties.

Very tr~ly yours

/ /,/.. , .,/ ./ (. (

Dol1td. J.. . Eod CHi: a. of 0 I

: '

ELVEJ.~Y & liyr:ES

~"""" ,,_~.(\_ \.)

Dl~E : cc: Mr. Jack Gilstrap

Page 41: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

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OEPAkTM ENTAL

SOUTHERN CALIFOt:::(NL" RAPiD THANS~Y DiSTf-nCT .

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1080 50UT" ~"OAO""'AV

LOS ANGELES OCT 15 1974

co NOT "'CLUO, MORl THAN ONE SUDJ(CT 'N T"'S CO,....U...'C.."

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0"1":: October 15, 1974

Georg e ~kDonald

~~ajlc:.' Klein

. "

A Co=parison of Direct Mail Costs with Media Distribution

The projection shown below outlines the cost differentialbe~K~en direct Dail distribution and distrlbution via news-paper circulation. The exaDple I have used is that of a-proposed tho- fold insert tentatIvely scheduled :s:ryr ne\YspapcTdistribution on Sunday, November 3. Note tha~ the cost ofdi Teet na i1 di tribut ion i tl~ ic c that 0 f the media alternat ive.

This hiZh direct Dail cost would hold true regardless of theite~ oailcd , as I hsve used the least expensive case in.!:"..; c- ' CY

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is c;.s5u::lccl , using 3rd class postac~:c. If the picc:::: '..rere

5tuf~ed iil an envelope and Is~ class postage were needed, theto:al direct mail cost would be dramatically higher still.

Cost (o::!T);uison - Insert v. Direct j\jail Distr.

fold mailer/insert piecePress run - 3 million

In5e~t in ~e\Yspapers

Product ion pre printPrinting - 3mm~2dia insertion costs

Ii;: oj' -114 700

.,. ~'L nJJ, Ji)

fff7 ) 3 58-

Cost per 1 000 Insertion only - $17.Cost pcr 000 Total Project - $59.

Page 42: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

~kDonald - 2- 10-15-

Direct ~f3.il DistributionProduction pre- printPrinting - 3mmPurchase mailingPurchase mailing

$ 9 500114 700

150list-2. 7mm Q 4. 50/mlist- Spanish- . 3mm ~

IS. SO/IDlabor to label & mail - 3mm S5/mFoldinz & wrapping - 3rn.11l Q $S/mPostage 9 $63/m 3rd class

650000000

189

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Cost per 1, 000 Distribution only - $78.Cost per 1 000 Total Project - $120.

The significantly higher cos~ of direct mail can be justifiedbut only in those cases where the less expensive ~edia distri-bution is not available , or where the higher degree of messagetargeting '! offered by direct mail IS ::-leeded. For purposes of

reaching the general populace , however , use of mcaia distri-hution is the accepted , economical method.

Nancy Kl ein '

Page 43: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

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Page 44: Minutes - October 22, 1974 Regular Board Meeting - …boardarchives.metro.net/PredecessorAgencies/SCRTD Box 01...of Line No. 88 - San Diego :F'reeway Flyer to provide inter.-change

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