SAFETY AND OPERATIONS COMMITTEE MEETING

Transcription

1 SAFETY AND OPERATIONS COMMITTEE MEETING M a r c h 2 2,

2 SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY ROSTER SAFETY AND OPERATIONS COMMITTEE COUNTY San Bernardino: 1 vote MEMBER Paul Eaton (Chair) Mayor, City of Montclair Larry McCallon Mayor, City of Highland Riverside: 1 vote Karen Spiegel (Vice Chair) Mayor, City of Corona Andrew Kotyuk Councilmember, City of San Jacinto Orange: 1 vote Los Angeles: 1 vote Shawn Nelson Supervisor, 4th District County of Orange Don Knabe Supervisor, 4 th District County of Los Angeles Richard Katz Metro Board of Directors Metro Appointee Robert T. Bartlett Metro Appointee Tom Lackey Metro Appointee Ventura: 1 vote Brian Humphrey Commission Member VCTC One Gateway Plaza, 12 th Floor, Los Angeles, CA 90012

3 SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY SAFETY AND OPERATIONS COMMITTEE FRIDAY, MARCH 22, :00 A.M. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY UNION STATION CONFERENCE ROOM ONE GATEWAY PLAZA, 3 rd FLOOR LOS ANGELES, CALIFORNIA AGENDA DESCRIPTIONS The agenda descriptions are intended to give notice to members of the public and a brief general description of items of business to be transacted or discussed. The posting of the recommended actions does not indicate what action will be taken. The Committee may take any action that it deems appropriate on the agenda item and is not limited in any way by the notice of the recommended action. The Chair reserves the right to discuss the items listed on the agenda in any order. A person with a disability may contact the Committee Secretary's office at (213) or via lamarquel@scrra.net at least 72 hours prior to the scheduled meeting to request receipt of an agenda in an alternative format or to request disability-related accommodations, including auxiliary aids or services, in order to participate in the public meeting. Later requests will be accommodated to the extent feasible. SUPPORTING DOCUMENTATION The agenda, staff reports and supporting documentation are available from the Committee Secretary, located at One Gateway Plaza, 12 th Floor, Los Angeles, CA 90012, and on the Metrolink website at under the Meetings and Agendas link. PUBLIC COMMENTS ON AGENDA ITEMS Members of the public wishing to address the Committee members regarding any item appearing on the agenda, may do so by completing a Speaker s Form and submitting it to the Committee Secretary. Speakers will be recognized by the Chair at the time the agenda item is to be considered. When addressing the Committee, please state your name for the record. Please address the Committee as a whole through the Chair. Comments to individual Committee members or staff are not permitted when addressing the Committee. A speaker s comments shall be limited to three (3) minutes. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA Members of the public wishing to address the Committee members regarding any item not on the agenda, but within the subject matter jurisdiction of the Committee, will be taken under Item 13 (Public Comment), and will be subject to the same guidelines as noted above. One Gateway Plaza, 12 th Floor, Los Angeles, CA 90012

4 Safety and Operations Committee Agenda Transmittal Date: March 15, 2013 Meeting Date: March 22, 2013 Page 2 1. Call to Order 2. Pledge of Allegiance REGULAR CALENDAR 3. Approval of Minutes February 22, 2013 Safety and Operations Committee Meeting Staff recommends the Safety and Operations Committee approve the Minutes of the February 22, 2013 Committee Meeting. Page 1 4. Public Review Process for Potential Fare Adjustments The Authority is required, as directed under the terms of the Joint Exercise of Powers Agreement (JPA), to provide to its Member Agencies, on or before May 1 of each year, a Preliminary Budget and a capital improvement program, effective July 1 of the succeeding fiscal year, for individual agency consideration and approval. The Authority s Board shall adopt its final budget by no later than June 30 each year. Staff anticipates that the Authority s proposed FY budget will reflect a funding gap, due to inflation and increased operational expenses, such as for Positive Train Control (PTC). Options to close the anticipated funding gap include (1) increases to Member Agency subsidies, (2) increases to passenger fares, (3) service reductions, or (4) a combination of some/all of these options. Please note that prior to Board consideration of any proposed fare increase, state and federal law requires a public review process, and a Title VI analysis. Any proposed fare increase would be separate from the 2004 Board-adopted policy to restructure fares from a zone-based fee to mileage-based fares over a ten-year period. That phased restructuring did not generate additional revenues for the Authority; it was implemented to ensure a fair and equitable fare policy. To the extent the FY budget does indeed reflect a funding gap, staff seeks feedback from the Safety and Operations Committee on the appropriateness of any of the following items under consideration by staff, any one of which would require a public review process and Title VI analysis: 1) A system-wide average fare increase up to 5% for all fare media types except the Weekend Pass to be implemented as early as July 1, ) Change the Weekend Pass to a day pass valid for system-wide travel on either Saturday or Sunday priced at $10. The Weekend Pass would be renamed the Weekend Day Pass. The fare could be adjusted to $12 in FY or FY by Chief Executive Officer approval. 3) Eliminate the Personal Care Attendant (PCA) free ride policy to require a PCA to purchase a regular fare.

5 Safety and Operations Committee Agenda Transmittal Date: March 15, 2013 Meeting Date: March 22, 2013 Page 3 A public hearing has a minimal impact on the budget. Use of existing Authority communications channels will be utilized to reach our customer base. A small fee is spent to post the Notice of the Public Hearings in print media. However, the decision made as a result of the public hearing will have an impact on the budget. Page 7 5. Approval of Disparate Impact and Disproportionate Burden Policies The Federal Transit Administration (FTA) requires that transit agencies provide the public an opportunity to comment on proposed policy changes. The Southern California Regional Rail Authority (Authority) must seek public comments for the adoption of these policies whether or not a fare increase is being considered to remain in compliance with FTA regulations by July Last October, the FTA issued a new circular (C4702.1B) requiring recipients of FTA financial assistance to develop Disparate Impact and Disproportionate Burden Policies as part of their Title VI requirements. Like other recipients, the Authority is required to engage the public in the decision-making process of developing disparate impact and disproportionate burden thresholds to determine whether any future changes in fares or service will result in adverse effects that are disproportionately borne by minority or lowincome populations. This item ensures that the Authority remains in compliance with FTA regulations. Staff recommends the Safety and Operations Committee approve and recommend the Board direct staff to seek public comments on the proposed policies below: 1) Disparate Impact Policy Thresholds (Proposed Policy - Attachment A) 2) Disproportionate Burden policy Thresholds (Proposed Policy Attachment B) A public comment process has a minimal impact on the budget. Use of existing Authority communications channels will be utilized to reach our customer base. A small fee is spent to post the Notice of the Public in print media. Page Cooperative Agreement for San Clemente Wayside Warning Horns and Associated Pedestrian Grade Crossing Improvements Project A cooperative agreement between the Authority and Orange County Transportation Authority (OCTA) is needed to implement the installation of wayside train approach warning horns and associated pedestrian grade crossing improvements at seven (7) locations in San Clemente (the Cooperative Agreement ). The total cost to the Authority of the work contemplated by the Cooperative Agreement is $4.2M. OCTA will advance funds to the Authority sufficient to begin and continue the projects and ultimately reimburse the Authority for all of its costs and expenses incurred under the Cooperative Agreement. Upon execution of this agreement, OCTA will provide an advance of 50% ($2.1M) from Measure M funds to the Authority for cash flow. OCTA will provide additional advance funding as necessary on a bi-monthly basis to provide an operational cash flow for the Authority to meet its obligations under this Agreement without the need for the Authority to invest its own funds.

6 Safety and Operations Committee Agenda Transmittal Date: March 15, 2013 Meeting Date: March 22, 2013 Page 4 Staff recommends the Safety and Operations Committee approve the draft Cooperative Agreement (contained in Attachment A) and recommend the Board authorize the Chief Executive Officer, subject to further negotiations of any remaining terms and conditions, to execute the Cooperative Agreement on behalf of the Authority. All of the Authority s costs and expenses incurred under the Cooperative Agreement will be reimbursed by OCTA. There is no ultimate budget impact. Page Approval of Evaluation Criteria Request for Proposal No. E On-Call Professional Engineering Design and Support Services Proposed evaluation criteria have been developed to initiate the competitive process to retain a bench of qualified consultants to provide on-call professional engineering design and support services. The Engineering and Construction Department anticipates a wide variety of small and large projects over the course of the next five (5) years, including grade crossing safety improvements, mainline track and siding extensions, station construction and expansions, and third party projects. Engineering services would also be required and related to providing independent design reviews, checks and audits of the work products produced by other consultants. Staff recommends the Safety and Operations Committee approve and recommend the Board approve the proposed evaluation criteria detailed in Attachment 1 and specifying a weighting of 100% to prequalify and retain a bench of firms to provide on-call professional engineering design and support services. The proposed criteria are consistent with the Board-adopted policy and statutory requirements, which mandate the use of an exclusively qualificationsbased selection process to award architectural and engineering (A&E) professional service contracts. Approval of evaluation criteria has no budget impact. Funding for these services will be requested in the FY Capital Budget and by third party reimbursable funds. Page Contract No. MS Request for Increase to FY Contract Authority for Track and Structures Maintenance Veolia Transportation Maintenance and Infrastructure, Inc. An increase in contract authorization is needed to fulfill Southern California Regional Rail Authority (Authority) commitments to support third-party projects scheduled to start in FY The Authority s FY annual contract authorization with VTMI is currently $16,185,710, which includes $9,185,710 for operating maintenance and $7,000,000 for support of capital construction and reimbursable projects. At this time, approximately $200,000 of this authorization remains for capital and reimbursable work. The amount is not sufficient to fulfill the Authority s commitments to support reimbursable third party projects scheduled to start in FY , for which the value of the work will exceed the remaining available budget by $4,300,000.

7 Safety and Operations Committee Agenda Transmittal Date: March 15, 2013 Meeting Date: March 22, 2013 Page 5 Staff recommends the Safety and Operations Committee approve and recommend the Board authorize the Chief Executive Officer to increase the FY annual contract authorization for Contract No. MS with Veolia Transportation Maintenance and Infrastructure, Inc. (VTMI) by $4,300,000 for a not-to-exceed contract authorization of $20,485,710. There is no budgetary impact to the FY budget as the requested increase in authorization is funded through reimbursable agreements with third party agencies. Page System Safety Update Staff will provide a year-over-year comparison of safety statistics. There is no written document. The Safety and Operations Committee may receive and file this report. 10. On-Time Performance February 2012 Staff will provide a presentation regarding on-time train performance to the Committee on a monthly basis. Staff will discuss February performance results including annulments, terminations as well as incidents and mechanical issues that delayed trains by more than 20 minutes. There is no written document. The Safety and Operations Committee may receive and file this report. 11. Chief Operating Officer s Report 12. Chief Executive Officer s Report Agency Update 13. Public Comment 14. Chair s Comments 15. Committee Member Comments 16. Adjournment

8 SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY MINUTES OF THE SCRRA SAFETY AND OPERATIONS COMMITTEE February 22, 2013 ITEM 3 COMMITTEE MEMBERS IN ATTENDANCE: VOTES SANBAG: Larry McCallon 1 1 RCTC: KAREN SPIEGEL (Acting Chair) DARYL BUSCH 2 1 OCTA: METRO: Bob Bartlett 1 VCTC: STAFF: GARY LETTENGARVER, Interim Chief Operating Officer WILLIAM GARRETT, Senior Counsel, Risk Management LAURA LAMARQUE, Committee Secretary Meeting Minutes are presented in a format that corresponds with the Safety and Operations Committee Meeting Agenda, which is incorporated herein by reference. Southern California Regional Rail Authority (Authority) Safety and Operations Committee meeting packets are available from the Metrolink website ( or by calling the Committee Secretary at Call to Order The February 22, 2013 Meeting of the Safety and Operations Committee was called to order by Vice-Chair Spiegel at 10:02 a.m. at the Los Angeles County Metropolitan Transportation Authority (Metro) Board Room, located at One Gateway Plaza, third floor, Los Angeles, CA Vice-Chair Spiegel presided over the meeting in the absence of the Committee Chair, Paul Eaton. 2. Pledge of Allegiance Director Busch led those present in the Pledge of Allegiance. 1 Director McCallon left the room during the discussion of Item No. 4 and returned during Item No Director Busch provided representation for the Riverside County Transportation Commission in the absence of Director Kotyuk. One Gateway Plaza, 12 th Floor, Los Angeles, CA

9 SCRRA Safety and Operations Committee Meeting Minutes February 22, 2013 Transmittal Date: March 15, 2013 Meeting Date: March 22, 2013 Page 2 Vice-Chair Spiegel announced that the agenda would be taken out of order. REGULAR CALENDAR 14. Chair s Comments Vice-Chair Spiegel welcomed Karen Hedlund, Federal Railroad Administration (FRA) Deputy Administrator and thanked her for the FRA s interest in the Authority s operations. Ms. Hedlund thanked the Committee for allowing her to speak and commended both the Metrolink Board and the staff for their work to improve safety and for their leadership in implementation of Positive Train Control (PTC). She emphasized the importance of the high-speed rail project and the value Metrolink can continue to provide with integrated services throughout the region. Vice-Chair Spiegel asked if any Committee Members wished to address the FRA Deputy Administrator. Director Bartlett thanked Ms. Hedlund for her attendance. Chair Morris thanked Ms. Hedlund on behalf of the Authority and said he looked forward to a continuing partnership with the FRA. 3. Approval of Minutes January 25, 2013 Safety and Operations Committee Meeting Upon a motion by Director Bartlett and seconded by Director McCallon, the Committee approved the Minutes of the January 25, 2013 Safety and Operations Committee Meeting. There being no opposition, the Minutes were approved unanimously. ACTION: The Safety and Operations Committee approved the Minutes of the January 25, 2013 Committee Meeting. 4. Metrolink Fare Policy Restatement Mark Waier, Manager, Sales and Marketing, provided a brief background on this Item as detailed in the staff report. He detailed the changes that had been implemented since the original policy had been approved in 2003 and stressed all amendments to the policy had been Board approved. Next month, he noted that staff would likely present a multi-year fare increase plan and public review process as well as proposed changes concerning access passes and the personal care attendant (PCA) fare policy ACTION: The Safety and Operations Committee received and filed this report. 5. Approval of Evaluation Criteria Request for Proposal No. EN On-Call Emergency Response for Fuel, Biohazard Clean-up and Environmental Compliance Services Lia McNeil-Kakaris, Assistant Director, Contracts and Procurement, provided a brief background on this Item as detailed in the staff report and requested approval of staff s recommendation. 2

10 SCRRA Safety and Operations Committee Meeting Minutes February 22, 2013 Transmittal Date: March 15, 2013 Meeting Date: March 22, 2013 Page 3 Director Busch asked how often these services were used and Lia McNeil-Kakaris responded that Metrolink used these services for ongoing remediation such as diesel spills and necessary sand removal, or whenever biohazard clean-up was needed following incidents. Director Busch asked if staff knew whether these services were covered under the Authority s insurance policies. Bill Garrett, Senior Counsel, Risk Manager, responded that rarely would the insurance provide reimbursement for these types of services, rather these costs were included as part of the Operating budget. Upon a motion by Director McCallon and seconded by Director Bartlett, the Committee approved staff s recommendation. There being no opposition, the motion passed unanimously. ACTION: The Safety and Operations Committee approved and recommended the Board approve the proposed evaluation criteria, detailed in Attachment 1 of the staff report, specifying a weighting of 100% technical qualifications to retain a qualified bench of firms to provide on-call emergency response for fuel, biohazard clean-up and environmental compliance services. 6. Purchase Order No. PO Maintenance of Way Vehicles Recommendation to Award Livermore Ford Bryan Payne, Assistant Director, Contracts, provided a brief background on this Item as detailed in the staff report and requested approval of staff s recommendation. Director McCallon asked whether the vehicles were gas or diesel and Bryan responded that staff would investigate and return to the Committee shortly. Director Bartlett remarked that he was pleased the Authority was purchasing Americanmade products. Bryan Payne distributed the 2012 Ford F150 Technical Specifications, a copy of which is incorporated herein for reference as Attachment A, and confirmed that these vehicles ran on both regular unleaded gasoline and E85 (ethanol blend) flex fuel. Director McCallon expressed appreciation for staff s efforts to buy American and urged them to continue to seek out vehicles that utilized clean, alternative fuels. Upon a motion by Director Bartlett and seconded by Director McCallon, the Committee approved staff s recommendation. There being no opposition, the motion passed unanimously. ACTION: The Safety and Operations Committee approved and recommended the Board authorize the Chief Executive Officer to award Purchase Order No. PO for the not-toexceed amount of $106, to Livermore Ford under California Statewide Commodity Contracts (SCC) No D for the procurement of five (5) Ford F-150s. 3

11 SCRRA Safety and Operations Committee Meeting Minutes February 22, 2013 Transmittal Date: March 15, 2013 Meeting Date: March 22, 2013 Page 4 7. Multiple Contracts for Material Parts and Components Request to Increase Contract Authority Lia McNeil-Kakaris, Assistant Director, Contracts and Procurement, provided a brief background on this Item as detailed in the staff report and requested approval of staff s recommendation. Director Bartlett inquired whether this increase was within budget and Lia McNeil-Kakaris confirmed that funding for rolling stock repair and maintenance materials was covered in the FY Operating Budget. Upon a motion by Director McCallon and seconded by Director Bartlett, the Committee approved staff s recommendation. There being no opposition, the motion passed unanimously. ACTION: The Safety and Operations Committee approved and recommended the Board approve and authorize the Chief Executive Officer to increase contract authorization on existing blanket purchase orders (BPOs) listed in Attachment 1 of the staff report with various vendors. 8. System Safety Update Fred Jackson, Director, System Safety, provided a presentation on the year-over-year comparison of safety statistics. During the discussion of reported on-duty employee injuries for Metrolink s peers, Vice-Chair Spiegel inquired why Southeastern Pennsylvania Transportation Authority (SEPTA) had experienced a dramatic rise in injuries. Fred Jackson spoke with SEPTA staff and confirmed that they noted that their large work force and environment contributes to their high injury rate. During the discussion of non-grade crossing accidents by line, Vice-Chair Spiegel asked if the Authority had made any contact with its railroad partners to verify if suicide rates are high across the country. Fred Jackson confirmed that prior discussions had had been held in Washington, DC with multiple chiefs of police during an annual Safety and Security Roundtable and that there is an average of 3% across the Railroad industry. A copy of this presentation is available upon request from the Committee Secretary. ACTION: The Safety and Operations Committee received and filed this report. 9. On-Time Performance January 2012 Gary Lettengarver, Interim Chief Operating Officer, provided a presentation that discussed December on-time performance results, which included annulments and terminations that delayed trains by more than twenty minutes. Ron Svoboda, Director, Maintenance of Equipment, discussed equipment-related failures causing train delays. 4

12 SCRRA Safety and Operations Committee Meeting Minutes February 22, 2013 Transmittal Date: March 15, 2013 Meeting Date: March 22, 2013 Page 5 Ron Svoboda stated that Metrolink s first Service Life Extension locomotive had been operating reliably since its release in January, adding that the second unit of the ten (10) base locomotives slotted for this program would be released in a couple of weeks. Director McCallon asked Gary Lettengarver about Operations Passenger, the 7% of January delays in slide 4 of his presentation: January Delays > 20 Minutes by Cause. He inquired if this was due to passenger loading issues. Gary Lettengarver responded that delays in this category were usually due to passengers needing assistance (PNAs) which necessitated realignment of the train multiple times as each passenger cab car is equipped to accommodate a maximum of four (4) wheelchairs combined with some stations that have shorter platforms can contribute to these delays. A copy of this presentation is available upon request from the Committee Secretary. ACTION: The Safety and Operations Committee received and filed this report. 10. Electronic Train Management System (ETMS) Crew Initiation Procedure Michael Young, Field Operations Manager, provided a presentation detailing how PTC would affect train cycles, budget, crew utilization and verification of track warrant bulletins. He highlighted possible changes to crew utilization and train cycles would undergo changes with impact to future Fiscal Year budgets of approximately $40,800 per crew per year as a result of PTC initialization that must be performed before every trip. He also stressed the importance of verification of track warrant bulletins as part of the process as these bulletins are used to update crews on track restrictions. Director McCallon asked if staff had an estimated total budget impact per year to operate PTC. Michael Young responded that staff is estimating an additional impact to the budget of $2.5 million per year. Director Busch inquired whether this figure took into account any failures or incidents that might occur. Michael Young responded that this amount was based on normal operations and did not include potential delays. Director Busch requested that staff should include budget variances to include delays, failures and worst-case scenarios, to which Michael Young confirmed that staff would address that recommendation. Michael Young discussed training that the engineers were receiving with the help of PTC simulators. Gary Lettengarver extended an invitation to the Committee members to tour the PTC facility and the PTC simulator. Michael Young then walked the Committee members though the various steps the engineer would complete to initialize the PTC system prior to departure. Director Busch inquired whether the system would allow for shortcuts. Michael Young responded that the system was designed and would require all steps be followed, not allowing for shortcuts. Director Busch asked if there would be a way to save the information from the previous trip prior to departure. Michael Young confirmed that the information from each trip is saved in the data recorder. 5

13 SCRRA Safety and Operations Committee Meeting Minutes February 22, 2013 Transmittal Date: March 15, 2013 Meeting Date: March 22, 2013 Page 6 Director McCallon expressed his concern regarding the budget to maintain and operate PTC and asked if staff had that information available. Gary Lettengarver replied that staff was currently analyzing the staffing and budget levels needed to support PTC and would return to the Committee at a future date with that information. A copy of this presentation is available upon request from the Committee Secretary. ACTION: The Committee received and filed this report. 11. Chief Operating Officer s Report Gary Lettengarver, Interim Chief Operating Officer, reported that in January Metrolink was moving Amtrak train 14 s equipment to Los Angeles Union Station. As the train came around the curve, one of the cars derailed. In an effort to move Amtrak 14, staff decided to detach the consist from the derailed car and go around it, and in so doing derailed another car. Amtrak 14 ultimately departed six hours late. Director Spiegel asked what caused the derailment. Gary Lettengarver responded that the wheels for the cars had just undergone truing at the Amtrak yard and staff had learned that the leading wheels on both the cars that derailed were slightly smaller than the others. 12. Chief Executive Officer s Report None. 13. Public Comment None. 15. Committee Member Comments Director Bartlett inquired when staff was planning to perform a test with the Board regarding the secured conference line. Fred Jackson responded that the test would occur sometime in the next two (2) weeks. 16. Adjournment There being no further business for consideration by the Committee, the meeting was adjourned at 10:56 a.m. Respectfully submitted, LAURA LAMARQUE Committee Secretary 6

14 SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY TRANSMITTAL DATE: March 15, 2013 MEETING DATE: March 22, 2013 ITEM 4 TO: FROM: SUBJECT: Safety and Operations Committee Robert Turnauckas, Chief Administrative Officer Public Review Process for Potential Fare Adjustments Issue The Southern California Regional Rail Authority (Authority) is required, as directed under the terms of the Joint Exercise of Powers Agreement (JPA), to provide to its Member Agencies, on or before May 1 of each year, a Preliminary Budget and a capital improvement program, effective July 1 of the succeeding fiscal year, for individual agency consideration and approval. The Authority s Board shall adopt its final budget by no later than June 30 each year. Staff anticipates that the Authority s proposed FY budget will reflect a funding gap, due to inflation and increased operational expenses, such as for Positive Train Control (PTC). Options to close the anticipated funding gap include (1) increases to Member Agency subsidies, (2) increases to passenger fares, (3) service reductions, or (4) a combination of some/all of these options. Please note that prior to Board consideration of any proposed fare increase, state and federal law requires a public review process, and a Title VI analysis. Request To the extent the FY budget does indeed reflect a funding gap, staff seeks feedback from the Safety and Operations Committee on the appropriateness of any of the following items under consideration by staff, any one of which would require a public review process and Title VI analysis: 1) A system-wide average fare increase up to 5% for all fare media types except the Weekend Pass to be implemented as early as July 1, ) Change the Weekend Pass to a day pass valid for system-wide travel on either Saturday or Sunday priced at $10. The Weekend Pass would be renamed the Weekend Day Pass. The fare could be adjusted to $12 in FY or FY by Chief Executive Officer approval. 3) Eliminate the Personal Care Attendant (PCA) free ride policy to require a PCA to purchase a regular fare. One Gateway Plaza, 12 th Floor Los Angeles, CA

15 Potential Fare Adjustments and Public Review Process Transmittal Date: March 15, 2013 Meeting Date: March 22, 2013 Page 2 Alternatives The Safety and Operations Committee may consider any or all of the following: 1) Recommend the Board direct staff to conduct a public review process and Title VI analysis with respect to any or all of the three options set forth above, under Request. 2) Receive and file this report. 3) Approve and recommend the Board approve increases to Member Agency subsidies to any funding gap are revealed following establishment of the proposed FY budget. 4) Direct staff to consider, research, and report back on service reductions to close the anticipated funding gap. Background on Potential Fare Increase Any proposed fare increase would be separate from the 2004 Board-adopted policy to restructure fares from a zone-based fee to mileage-based fares over a ten-year period. That phased restructuring did not generate additional revenues for the Authority; it was implemented to ensure a fair and equitable fare policy. Fare Restructuring Program In April 2004, the Board approved a 10-year restructuring program beginning July 1, 2005, which changed the fare structure from a zone-based system to a driving mileage-based, station-to-station fare structure, which provided a fair, consistent and equitable pricing policy. Due to deep discounts enjoyed by some stations in the former 11-mile zone structure, it was decided that the adjustment was to be phased in over multiple years to arrive at a consistent station-to-station pricing structure after 10 adjustments so that passengers travelling between certain station pairs would not experience abrupt increases at one time. The Authority s fare structure is distance-based with separate fares for each station pair, rider category, fare type, and for weekend or weekday fares. As a result, the data system includes more than 53,000 distinct fares, which change annually. In addition, the system must support the special fare-discount program fare tables. Station-to-station pair increases vary. The Fare Restructuring Program was designed to provide for an equitable fare policy while remaining revenue-neutral. Past and Planned Fare Increases by U.S. Commuter Railroads The Authority is not the only commuter rail agency that is impacted by a fare increase. The chart below shows the various fare increases that other commuter rail agencies have implemented or are proposing to implement due to increased operating expenses. 8

16 Potential Fare Adjustments and Public Review Process Transmittal Date: March 15, 2013 Meeting Date: March 22, 2013 Page 3 Commuter Rail Agency City Last Prior Metrolink Los Angeles, CA 3-5% 7.0% - 6.0% 3.0% 3.5% 2007 MBTA Boston, MA % LIRR New York, NY 9.0% % 10.0% - - Metro-North* New York, NY 9.0% % 10.0% - - NJ Transit Rail New York, NY % SEPTA Philadelphia, PA % Metra Chicago, IL 11.0% 25.0% % 6.0% 2006 FrontRunner Salt Lake City, UT 6.4% 4.0% 12.0% RailRunner Albuquerque, NM - 5.0% Caltrain San Francisco, CA 10.0% 9.0% 9.0% % Coaster San Diego, CA - - (10.0%) % 15.0% 2001 VRE Washington, DC 4.0% 3.0% - 6.0% *Note 1: Portions in Connecticut have seen increases capped at 4%-5%. Note 2: METRA's fare increase will only affect ten-trip tickets. Note 3: Caltrain will discontinue this fare increase if 50% of one-way tickets are purchased on the regional fare media. Proposed Changes to the Weekend Pass and Personal Care Attendant Policy Weekend Pass: Changes to the validity period of the weekend pass is under consideration by staff due to evasion issues. Several reports from staff and passengers indicate that individuals are selling Weekend Passes to continue riding throughout the weekend. Therefore, the creation of a Weekend Day Pass limiting to riding only on Saturday or Sunday, still priced at $10, is under consideration. Personal Care Attendant: Amendment to the current policy that allows a Personal Care Attendant to ride free to assist a disabled rider is under consideration due to evasion issues. Public Hearing Procedures for Fare Changes The Federal Transit Administration (FTA) requires that transit agencies have policies that provide the public an opportunity to comment on proposed changes in fares. 1 The Board has adopted the following procedures that provide for a public hearing in the event of proposed changes in Metrolink fares. These procedures for public review include the following elements: 1 At its March meeting, the Safety & Operations Committee concurrently will be considering a separate but related agenda item that adopts new enhancements to the public review procedures based on new guidance recently released by the FTA. 9

17 Potential Fare Adjustments and Public Review Process Transmittal Date: March 15, 2013 Meeting Date: March 22, 2013 Page 4 1. Public workshop(s) in advance of the public hearing; 2. Published notice describing proposed change in fares in appropriate newspaper(s) of general circulation; 3. Placement of public notice brochures onboard trains and at customer ticket window; 4. Consideration must be given to views and comments expressed by the public at such hearings; and 5. A public hearing. Based on these Board adopted procedures, the detailed outreach plan will include: Public Communications Outreach Plan A public communication outreach plan has been developed to solicit comment on any proposed fare increase to be implemented as early as July 1, The public notification process uses several different strategies to communicate the reasons for potential fare increases and to solicit public comment. The public must be notified of each subsequent fare increase proposal and their comments must be presented to the Board prior to approval of the fare increase. Notification Process Public notification will be accomplished using printed materials, the Authority s publications, digital and social media and public notices and forums. Printed Materials Notices of the proposed fare changes will be sent to stakeholders. Notices will be distributed on trains providing information on public input opportunities. Appropriate advertisements will be placed in newspapers of general circulation to inform the public of the public hearing. Authority Publications Articles will be published in the following: Metrolink Matters Corporate Scoop Seat drop bulletins on all trains Digital and Social Media Information The Metrolink website will contain up-to-date information about the potential fare increase. Members of the public will be able to provide input through the website. The website will also have up-to-date information on the fare restructuring, downloadable files showing all new proposed fares. 10

18 Potential Fare Adjustments and Public Review Process Transmittal Date: March 15, 2013 Meeting Date: March 22, 2013 Page 5 Stakeholders will be notified by , through our website and Authority publications. Notices and links will be posted via Twitter and Facebook. Public and Media Relations Facts about the fare adjustment(s) being considered will be made available as background for articles in newspapers. These stories will serve as a forum for staff and the Board to expand on the Authority s rationale for the next fare increase. Media will be informed of the proposed fare increase and ways the public can make comments. Public Comment/Public Hearing The Authority will be holding public workshops in locations with a special focus on areas that disproportionately serve minority and low income communities. o The Authority has held workshops in the past for the public to comment on fare adjustments but in recent years, attendance has been extremely light or nonexistent. Members of the public have shown a strong preference to provide comment through electronic means. Public comments via e-comments numbered in the thousands in response to the last fare adjustment implemented in Staff will also emphasize the solicitation of public comment electronically. This has been the preferred method for the public to provide input to the Authority. The special electronic comment section of the website will be activated. There will also be a public hearing held at a future Board Meeting to give community members an opportunity to address the Board directly. Member Agencies and Station Cities Staff will reach out to the member agencies and staff of station cities to expand the outreach via their communications networks. A report compiling the input from the public will be presented to the Board. Budget Impact A public hearing has a minimal impact on the budget. Use of existing Authority communications channels will be utilized to reach our customer base. A small fee is spent to post the Notice of the Public Hearings in print media. However, the decision made as a result of the public hearing will have an impact on the budget. Prepared by: Mark Waier, Manager, Marketing and Sales Claudia Ziebell, Communications Manager Henning Eichler, Manager, Research and Planning Robert Turnauckas, Chief Administrative Officer 11

19 SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY TRANSMITTAL DATE: March 15, 2013 MEETING DATE: March 22, 2013 ITEM 5 TO: FROM: SUBJECT: Safety and Operations Committee Bob Turnauckas, Chief Administrative Officer Public Review Process for Potential Disparate Impact and Disproportionate Burden Policies Issue The Federal Transit Administration (FTA) requires that transit agencies provide the public an opportunity to comment on proposed policy changes. The Southern California Regional Rail Authority (Authority) must seek public comments for the adoption of these policies whether or not a fare increase is being considered to remain in compliance with FTA regulations by July Recommendation Staff recommends the Safety and Operations Committee approve and recommend the Board direct staff to seek public comments on the proposed policies below: 1) Disparate Impact Policy Thresholds (Proposed Policy - Attachment A) 2) Disproportionate Burden policy Thresholds (Proposed Policy Attachment B) Background Last October, the FTA issued a new circular (C4702.1B) requiring recipients of FTA financial assistance to develop Disparate Impact and Disproportionate Burden Policies as part of their Title VI requirements. Like other recipients, the Authority is required to engage the public in the decision-making process of developing disparate impact and disproportionate burden thresholds to determine whether any future changes in fares or service will result in adverse effects that are disproportionately borne by minority or lowincome populations. This item ensures that the Authority remains in compliance with FTA regulations. Public Comment Procedure for Policy Adoptions The FTA requires that transit agencies provide the public an opportunity to comment on proposed policy changes. The Authority will seek public comments for the adoption of One Gateway Plaza, 12 th Floor Los Angeles, CA

20 Public Review Process for Potential Disparate Impact and Disproportionate Burden Policies Transmittal Date: March 15, 2013 Meeting Date: March 22, 2013 Page 2 these policies whether or not a fare increase is being considered. The Authority s procedures for public review include the following elements: 1) Published notice describing proposed change in fares in appropriate newspaper(s) of general circulation; 2) Placement of public notice brochures onboard trains and at customer ticket window; and 3) Consideration must be given to views and comments expressed by the public during the public comment period. Public Communications Outreach Plan A public communication outreach plan has been developed to solicit comment on the proposed policy adoption to be implemented as early as May 10, This policy will allow the Authority to comply with the newly released FTA guidance (C4702.1B) The Authority is considering: 1) Adopting a Title VI required Disparate Impact Policy Thresholds (Proposed Policy - Attachment A) 2) Adopting a Title VI required Disproportionate Burden policy Thresholds (Proposed Policy Attachment B) The public notification process uses several different strategies to solicit public comment. Notification Process The public will be notified using printed materials, Authority publications, digital and social media, public notices and forums. Printed Materials Notices of the proposed fare changes will be sent to stakeholders Notices will be distributed on trains providing information on public input opportunities Appropriate advertisements will be placed in newspapers of general circulation to inform the public of the public hearing Seat drop bulletins will be placed on all trains Digital and Social Media Information The Metrolink website will contain up-to-date information about the fare increase and the public will be able to provide input through the website The website will also have up-to-date information on the fare restructuring as well as downloadable files showing all new fares A recorded message tells callers to use (800) 371-LlNK for instructions on how to provide input 13

21 Public Review Process for Potential Disparate Impact and Disproportionate Burden Policies Transmittal Date: March 15, 2013 Meeting Date: March 22, 2013 Page 3 Stakeholders will be notified by , through Authority website and publications Notices and links will be posted via Twitter and Facebook Public and Media Relations Facts about the proposed policies being considered will be made available as background for articles in newspapers Media will be informed of the proposed policies and ways the public can make comments Public Comment Staff will emphasize the solicitation of public comment electronically. This has been the preferred method for the public to provide input to the Authority. The special electronic comment section of the website will be activated. The public will have the opportunity to send their comments via mail or fax as an alternative Member Agencies and Station Cities Staff will reach out to the member agencies and staff of station cities to expand the outreach via their communications networks. Proposed Timeline: Public Comment Notice - April 18 Public Comment Period - April 18 - May 2 Policy item presented to the Board for review and adoption - May 10 A report compiling the input from the public will be presented to the Board. Therefore, staff recommends the Safety and Operations Committee approve and recommend the Board direct staff to seek public comments on the proposed policies below: 1) Disparate Impact Policy Thresholds (Proposed Policy - Attachment A) 2) Disproportionate Burden policy Thresholds (Proposed Policy Attachment B) Budget Impact A public comment process has a minimal impact on the budget. Use of existing Authority communications channels will be utilized to reach our customer base. A small fee is spent to post the Notice of the Public in print media. Prepared by: Claudia Ziebell, Communications Manager Henning Eichler, Manager, Research and Planning Bob Turnauckas, Chief Administrative Officer 14

22 Attachment A DISPARATE IMPACT POLICY THRESHOLDS This policy establishes a threshold for determining whether a given action has a disparate impact on minority populations. Per FTA Circular B: Disparate impact refers to a facially neutral policy or practice that disproportionately affects members of a group identified by race, color, or national origin, where the recipient s policy or practice lacks a substantial legitimate justification and where there exists one or more alternatives that would serve the same legitimate objectives but with less disproportionate effect on the basis of race, color, or national origin. The policy shall establish a threshold for determining when adverse effects of [fare/]service changes are borne disproportionately by minority populations. The disparate impact threshold defines statistically significant disparity and may be presented as a statistical percentage of impacts borne by minority populations compared to impacts borne by non-minority populations. The disparate impact threshold must be applied uniformly and cannot be altered until the next Title VI Program submission. The analysis shall be conducted for: a) All major service changes, as defined in Metrolink s Major Service Change Policy. b) Any increase or decrease in fares which is not exempt under FTA Circular B, e.g., a promotional or temporary fare reduction. Service or fare changes are determined to have a disparate impact if [,cumulatively]: a) The adverse effects of the service or fare change[(s)] that will be borne by minority riders exceed the adverse effects borne by non-minority riders by 20% or more, OR b) The benefits of the service or fare change[(s)] that will accrue to non-minority riders exceed the benefits that accrue to minority riders by 20% or more. 15

23 Attachment B DISPROPORTIONATE BURDEN POLICY THRESHOLDS This policy establishes a threshold for determining whether a given action has a disproportionate burden on low-income populations. The Disproportionate Burden Policy applies only to low-income populations that are not also minority populations. Per FTA Circular B: The policy shall establish a threshold for determining when adverse effects of [fare/]service changes are borne disproportionately by low-income populations. The disproportionate burden threshold defines statistically significant disparity and may be presented as a statistical percentage of impacts borne by lowincome populations as compared to impacts borne by non-low-income populations. The disproportionate burden threshold must be applied uniformly and cannot be altered until the next [TitleVI] program submission. At the conclusion of the analysis, if the transit provider finds that low-income populations will bear a disproportionate burden of the proposed [fare/]service change, the transit provider should take steps to avoid, minimize or mitigate impacts where practicable. The provider should describe alternatives available to low-income populations affected by the [fare/] service changes. The analysis shall be conducted for: a) All major service changes, as defined in Metrolink s Major Service Change Policy. b) Any increase or decrease in fares which is not exempt under FTA Circular B, e.g., a promotional or temporary fare reduction. Service or fare changes are determined to create a disproportionate burden if [,cumulatively]: a) The adverse effects of the service or fare change[(s)] that will be borne by lowincome riders exceeds the adverse effects borne by non-low-income riders by 20% or more, OR b) The benefits of the service or fare change[(s)] that will accrue to non-low-income riders exceeds the benefits that accrue to low-income riders by 20% or more. 16

24 SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY TRANSMITTAL DATE: March 15, 2013 MEETING DATE: March 22, 2013 ITEM 6 TO: FROM: Safety and Operations Committee William Doran, Director, Engineering and Construction SUBJECT: Cooperative Agreement for San Clemente Wayside Warning Horns and Associated Pedestrian Grade Crossing Improvements Project Issue A cooperative agreement between Southern California Regional Rail Authority (Authority) and Orange County Transportation Authority (OCTA) is needed to implement the installation of wayside train approach warning horns and associated pedestrian grade crossing improvements at seven (7) locations in San Clemente (the Cooperative Agreement ). The total cost to the Authority of the work contemplated by the Cooperative Agreement is $4.2M. OCTA will advance funds to the Authority sufficient to begin and continue the projects and ultimately reimburse the Authority for all of its costs and expenses incurred under the Cooperative Agreement. Recommendation Staff recommends the Safety and Operations Committee approve the draft Cooperative Agreement (contained in Attachment A) and recommend the Board authorize the Chief Executive Officer, subject to further negotiations of any remaining terms and conditions, to execute the Cooperative Agreement on behalf of the Authority. Alternatives The Safety and Operations Committee may: 1) Direct staff to make proposed changes to the material terms of Attachment A and resubmit to OCTA for renegotiation; or 2) Decline to recommend that the Board authorize the Chief Executive Officer to conclude negotiations and execute the final version of the Cooperative Agreement. Background The City of San Clemente has proposed that wayside warning horns be installed at seven (7) at-grade pedestrian crossings to warn the public of approaching trains. A cooperative agreement between the Authority and OCTA has been drafted to implement the installation of wayside train approach warning horns and associated pedestrian grade crossing One Gateway Plaza, 12 th Floor, Los Angeles, CA