SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of July 8, 2011

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1 Item 5.1: Minutes of June 3, 2011 The regular meeting of the San Joaquin Regional Rail Commission was held at 8:00 a.m., June 3 rd, 2011 at the Robert J. Cabral Station, 949 East Channel Street Stockton, CA Call to Order/Pledge of Allegiance/Roll Call Vice-Chair Bestolarides called the meeting to order at 8:00 a.m. and Commissioner Dhaliwal led the audience in the pledge of allegiance. Commissioners Present: Johnson, Johnston, Harris, Dhaliwal, and Vice Chair Bestolarides Commissioner Haggerty arrived at 8:10 am. Ex-Officio Members Present: Dumas 3. Presentations and Recognitions Executive Director Mortensen recoginized staffmember D Andre Berry who was leaving the Rail Commission because an opportunity had come up for him to pursue his teaching credential. Ms. Mortensen and the Board thanked D Andre for his service with the agency and wished him well on his next endeavor. 4. Consent Calendar All items listed immediately below will be acted upon under one vote unless specifically requested to be removed from the Consent Calendar by a member of the Commission, a member of staff, or a member of the public. 4.1 Minutes of May 6, As Corrected ACTION 4.2 Rail Commission/ACE Monthly Expenditure Report INFORMATION 4.3 ACE Monthly Fare Revenue INFORMATION 4.4 ACE Ridership INFORMATION 4.5 ACE On-Time Performance INFORMATION 4.6 Approve a Resolution of the Board of Commissioners of the ACTION San Joaquin Regional Rail Commission Authorizing and Directing the Executive Director To Execute a Sole Source Agreement with L-3 Communications for Exercise Management Services of a Full Scale Emergency Preparedness and Anti-Terrorism Drill in an Amount not to exceed $175, Approve a Resolution of the Board of Commissioners of the San Joaquin ACTION Regional Rail Commission Authorizing and Directing the Executive Director To Execute a Sole Source Agreement with Protecting the Homeland Innovations, LLC (PHI, LLC) For the Delivery of Counter Terrorism Training for Mass Transit in an Amount not to exceed $185, Approve the proposed FY Overall Annual Disadvantaged ACTION Business Enterprise (DBE) Goals and Authorize the Executive Director to Formally Adopt the Proposed FY Goal if no Public Comments are received that require further Consideration or Modification of the Proposed Goal.

2 4.9 Approve a Resolution of the Board of Commissioners of the ACTION San Joaquin Regional Rail Commission Supporting the Submission of California High Speed Passenger Rail Bond Project Applications and Authorize and Direct the Executive Director to Execute Any and All Documents Associated with the Projects 4.10 Approve a Resolution of the Board of Commissioners of the ACTION San Joaquin Regional Rail Commission Authorizing and Directing the Executive Director to Execute a Master Agreement with the State of California and any and all Program Supplements Associated with State-Funded Transit Projects Commissioner Johnston asked for the meeting minutes to be corrected to show that it was her and not Commissioner Johnson who inquired about the urgency of adding additional tasks to the Maintenance Facility Construction Management Contract. Commissioner Dhaliwal noted he would be abstaining from Item 4.1 M/S/C (Johnston/Johnson) to approve the Consent Calendar Items 4.1 thru Passed and Adopted by the San Joaquin Regional Rail Commission on the 3rd day of June, 2011 by the following vote to wit: Ayes: 5 Johnson, Johnston, Harris, Dhaliwal, and Vice Chair Bestolarides (Dhaliwal abstained only on Item 4.1) Absent: 3 Ives, Blalock, Haggerty 5. Public Hearing: Presentation and Approval of a Resolution Adopting ACTION the SJRRC/ACE Combined FY 2011/2012 Work Program and Budget Ms. Mortensen reviewed the Budget process which began in April with a discussion on the Conceptual Work Program, then evolved into a Draft Work Program and Budget in May and culminated with the June Public Hearing on the Final Work Program and Budget. Ms. Mortensen described the Capital Program and the major projects that would be undertaken in the fiscal year. She noted the Maintenance Facility project had increased by $116,000 to account for on-site environmental oversight services recently required by the Department of Toxic Substances Control. The Altamont Corridor project also increased $750,000 because an additional state grant had been secured. Ms. Mortensen noted that Measure K funds were only a small fraction of the total program and most of the funding was coming from outside sources. The critical issues to monitor, include weather, state bond sales, and UPRR Coordination. Commissioner Harris inquired whether the failure of the state to sell bonds would delay any of the Projects. Mr. Schmidt responded that for the projects dependent upon bond sales, the schedules had been set around the planned January sale. The ACE Service is planned to continue at the 3-train level until the economic situation stabilizes. The Marketing and outreach program will focus entirely on retention of existing riders and recruitment of new riders. Planning for the future ACE Corridor development will be a large 2

3 undertaking and supplemental analysis will get underway for the Livermore and Fremont area BART connections, and the Manteca area connection to the Valley high speed rail trunkline. Commissioner Haggerty wanted to ensure the Livermore ACE/BART connection work would not be delayed. Ms. Mortensen clarified that the work was supplemental analysis to address the potential that the BART alignment and station locations might shift, as well as a more detailed analysis of how the two systems would come together. Ms. Mortensen reviewed the Operations and Maintenance Budget. Between the draft and final Budgets, staff had trimmed an additional $50,000. A fare increase is not recommended at this time. Staff balanced the Budget through cost reductions. In the next calendar year, staff will again evaluate the issue of a fare increase. Ms. Mortensen outlined the critical issues to monitor, including employment trends, effectiveness of ridership retention and recruitment, and the onboard capacity levels. Overcrowding would require additional capacity, either through additional cars on the existing trains or a new 4 th train. Commissioner Johnson asked about the sentiments of Bay Area organizations with regard to the rebound in jobs. Ms. Mortensen noted that a month ago, the outlook was very promising, but a recent report on a decrease in manufacturing output might put a damper on that optimism. Commissioner Johnston asked for the timetable to add a 4 th train. Ms. Mortensen reported it takes approximately 3 months to hire and train the engineer and conductor and to negotiate additional shuttle services. Commission Johnson asked whether there is any limitation on adding cars to the existing trains. Ms. Mortensen responded that the UPRR trackage rights agreement limits the trains to 8 cars. While this option is cheaper than the 4 th train, 8 car trainsets would require an additional locomotive. Given the current number of locomotives, only one trainset could be extended to 8 cars. Then, either additional locomotives have to be manufactured, or the 4 th train would need to be added. Commissioner Johnston pointed out the real demand seems to be for later morning and evening trains. Commissioner Dhaliwal asked for a summary of the ridership retention and recruitment programs. Ms. Mortensen explained the primary focus of the outreach was on the Bay Area employers and on the ACE passengers. Shotgun advertising strategies have not proven effective. In the annual passenger survey, the majority of passengers heard about ACE through word of mouth. The recruitment programs focus on incentivizing the employers and the passengers to encourage coworkers and friends to ride ACE. Focus on the workplace rather than shotgun. Word of mouth polls highest in how people hear about ACE. Commissioner Dhaliwal also thanked the staff for their efforts on the Special Family Day train to Great America Commissioner Harris asked if the NUMMI plant closure hurt ACE ridership. Ms. Mortensen explained how the NUMMI shifts did not match up well with the train times so the plant closure had little impact. 3

4 M/S/C (Harris/Johnston) Approve a Resolution Adopting the SJRRC/ACE Combined FY 2011/2012 Work Program and Budget on the 3 rd day in June, 2011 by the following vote to wit: Ayes: 6 Haggerty, Johnson, Johnston, Harris, Dhaliwal, and Vice Chair Bestolarides Absent: 2 Blalock, Ives 6. Approve Resolution Approving and Adopting Plans and Specifications for the Robert J. Cabral Station Platform Extension and Miner Avenue Undercrossing Located at 949 E. Channel Street, Stockton, CA. and Authorize and Direct the Executive Director to Issue a Public Bid pursuant with the Public Contract Code. Ms. Mortensen directed the presentation to Bryan Pennino, Project Manager for the ACE Track Extension and Gap Closure Project. Mr. Pennino, gave a brief upate and background on the project. Since June of 2006, Commission staff and HDR Engineeirng have been working on the Track Extension and Gap Closure Project. The Miner Avenue Bridge (undercrossing) is considered Phase 1 of the Track Extension and Gap Closure project. Mr. Pennino noted that this phase of the project will construct a railroad bridge over Miner Avenue, extend the existing track, and extend the existing station platform. The completion of this project will allow larger consists to enter the station and also allow currnet train consists to clear the at-grade crossing at Weber Street. Mr. Pennino also noted that plans and specifications were approved by the City of Stockton in March of 2011 and the permit is ready to be issued. Two conditions must be met in order to issue the permit, an executed special inspections and testing agreement and the signature of the prime contractor on the permit. Mr. Pennino noted that the Commission s action today will allow the project to be publically bid pursuant to the Public Contract Code. The Invitiation to Bid is expected to be released in July 2011, however some minor details with the Union Pacific Railroad must be finalized prior to release. Mr. Pennino noted that bids will be due five weeks after the bid release. The construction estimate for this project is approximately $4.9M and is included in the Fiscal Year 2011/2012 Capital Budget. Commissioner Johnston inquired about this phase of the project scope and construction cost. Mr. Pennino noted that this portion of the project entailed building a bridge and platform over Miner Avenue and extending the platform track. Mr. Pennino noted that beautification elements have been added to the exterior facade of the bridge to tie into the ongoing Miner Avenue Beautification Project. 4

5 M/S/C (Johnston/Johnson) Approve Resolution Approving and Adopting Plans and Specifications for the Robert J. Cabral Station Platform Extension and Miner Avenue Undercrossing Located at 949 E. Channel Street, Stockton, CA. and Authorize and Direct the Executive Director to Issue a Public Bid pursuant with the Public Contract Code. Passed and Adopted by the San Joaquin Regional Rail Commission on the 3 rd day of June, 2011 by the following vote to wit: Ayes: 6 Haggerty, Johnson, Johnston, Harris, Dhaliwal, and Vice Chair Bestolarides Absent: 2 Blalock, Ives 7. Approve Measure K Cooperative Agreements: a. Operating Services for the Altamont Commuter Express (ACE) Project [$2,710,179] b. Project Management for the San Joaquin Regional Rail Commission s Projects [$1,161,505] c. Capital Projects for the San Joaquin Regional Rail Commission s Improvements for the Altamont Commuter Express (ACE) Project [$828,417] Mr. Schmidt reported the Measure K Cooperative Agreements constitute the funding mechanism to allocate Measure K revenues to the Rail Commission work activities. Additionally, Mr. Schmidt noted the Agreements identify the work tasks under each of the major categories, the overall project timeline, cost, and the Measure K funding share of each of these components. He further outlined the Measure K revenue amounts associated with each of the 3 funding categories. M/S/C (Johnston/Johnson) Approve Approve Measure K Cooperative Agreements: a. Operating Services for the Altamont Commuter Express (ACE) Project [$2,710,179] b. Project Management for the San Joaquin Regional Rail Commission s Projects [$1,161,505] c. Capital Projects for the San Joaquin Regional Rail Commission s Improvements for the Altamont Commuter Express (ACE) Project [$828,417] Ayes: 6 Haggerty, Johnson, Johnston, Harris, Dhaliwal, and Vice Chair Bestolarides Absent: 2 Blalock, Ives 8. Approve Resolution for Shuttle Services for the ACE Service and Authorizing and Directing the Executive Director to Execute All Necessary Agreements for Shuttle Service with the following Agencies: a. Santa Clara Valley Transportation Authority - $308,932 b. Livermore-Amador Transportation Authority - $214,642 5

6 c. Contra Costa County Transportation Authority - $86,214 d. Shuttle Services for Santa Clara, Cupertino and Sunnyvale $95,274 Mr Schmidt noted since the start of the ACE Service in 1998, the ACE shuttles have become an essential transit link by directly connecting passengers to employers, business parks and other transit modes such as BART. Additionally, passengers with a valid ACE ticket are entitled to use the shuttle services free of charge. The Agreements also provide for missed transit connections and alternate service options in case of an emergency (Bus Bridges). Mr. Schmidt noted with the reopening of the Downtown Santa Clara Station the exisiting shuttle route serving Santa Clara, Cupertino, and Sunnyvale will be reviewed and potentially rebid depending on changes to the route to better serve the riders. Commissioner Harris asked if the emergency ride home program is included in the shuttle program. Mr. Schmidt responded that the emergency ride hom program is a separate budget line item. Commissioner Johnston asked if there is competition to operate the shuttle services or are the services limited to one provider. Mr. Schmidt explained that the Rail Commission contracts with the Bay Area transit agencies to provide the shuttles and they have their own processes for competitively bidding the services. M/S/C (Johnston/Johnson) Approve Resolution for Shuttle Services for the ACE Service and Authorizing and Directing the Executive Director to Execute All Necessary Agreements for Shuttle Service with the following Agencies: a. Santa Clara Valley Transportation Authority - $308,932 b. Livermore-Amador Transportation Authority - $214,642 c. Contra Costa County Transportation Authority - $86,214 d. Shuttle Services for Santa Clara, Cupertino and Sunnyvale $95,274 Ayes: 5 Haggerty, Johnson, Johnston, Harris, and Vice Chair Bestolarides Abstain: 1 Dhaliwal Absent: 2 Ives, Blalock, 9. Approve Ongoing and Multi-Year Professional and Contracted Services Agreements for Fiscal Year 2011/2012 and Authorize and Direct the Executive Director To Execute Any and All Necessary Agreements Not to Exceed the Following Amounts: a. Neumiller and Beardslee- for Agency Legal Services - $90,000 b. CJ Lake, LLC- for Federal Legislative Advocacy - $72,000 c. Crew Layover Facilities and Crew Transportation - $230,000 d. Security Services for Trains, Maint.Yard, and HDQRTS - $222,351 e. Diesel Fuel - $1,300,000 f. Transit Safety Management - Operations & Safety Consulting Services - $80,000 g. Planet Magpie - for Website Hosting, Maintenance, and Development - $25,000 Mr. Schmidt noted the Rail Commission annually renews several Administrative and Operations Agreements relating to legal services, federal legislative advocacy support, crew layover facilities, 6

7 security services, diesel fuel, and project management services. Mr. Schmidt presented the scope of services and costs for each of the agreements. Chair Bestolarides asked Ms. Mortensen to take advantage of the Boardmembers to assist with the advocacy efforts in Sacramento and with neighboring regions. Commissioner Johnston asked if CJ Lake was the same firm who represented the COG and whether the Rail Commission was getting its money s worth. Ms. Mortensen responded that CJ Lake had been instrumental in raising the awareness about the ACE Corridor development in Washington and in developing the strategy for legislation that was ultimately introduced by Congressman McNerney. M/S/C (Johnston/Dhaliwal) Approve Ongoing and Multi-Year Professional and Contracted Services Agreements for Fiscal Year 2011/2012 and Authorize and Direct the Executive Director To Execute Any and All Necessary Agreements Not to Exceed the Following Amounts: a. Neumiller and Beardslee- for Agency Legal Services - $90,000 b. CJ Lake, LLC- for Federal Legislative Advocacy - $72,000 c. Crew Layover Facilities and Crew Transportation - $230,000 d. Security Services for Trains, Maint.Yard, and HDQRTS - $222,351 e. Diesel Fuel - $1,300,000 f. Transit Safety Management - Operations & Safety Consulting Services - $80,000 g. Planet Magpie - for Website Hosting, Maintenance, and Development - $25,000 Ayes: 5 Johnson, Johnston, Harris, Dhaliwal, and Vice Chair Bestolarides Absent: 3 Ives, Blalock, Haggerty 10. Election of Chair and Vice-Chair for 2011/2012 M/S/C (Harris/Johnson) Approve Vice-Chair Steve Bestolarides as Chair. M/S/C (Bestolarides /Johnson) Approve Commissioner Ann Johnston as Vice-Chair. The items were taken as a single item. Ayes: 6 Haggerty, Johnson, Johnston, Harris, Dhaliwal, and Vice Chair Bestolarides Absent: 2 Blalock, Ives 11. Approve Change in the July Meeting Date to July 8, 2011 By consensus, the Board agreed to change the meeting date to July 8, 2011 due to the July holiday. 7

8 12. Commissioner Comments Commissioner Harris again thanked D Andre Berry for his service and wished him well. 13. Ex-Officio Comments None. 14. Executive Director Report Ms. Mortensen reported on the efforts to secure state funding for the Altamont and Merced to Sacramento Corridors and complimented the efforts of Steve Cohn of the Sacramento City Council, SACOG, and Sacramento RT for their effective work with legislatures and key staff. 15. Adjournment The next meeting is scheduled for: July 8, 2011, 8:00 a.m. Robert J. Cabral Station 949 E. Channel Street Stockton, CA

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