LEGISLATIVE AND COMMUNICATIONS COMMITTEE

Transcription

1 LEGISLATIVE AND COMMUNICATIONS COMMITTEE J U L Y 1 2,

2 SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY ROSTER LEGISLATIVE & COMMUNICATIONS COMMITTEE COUNTY MEMBER Los Angeles: Don Knabe (Chair) 1 Vote Supervisor, District County of Los Angeles Jaime de la Vega Metro Appointee Orange: Michael Hennessey (Vice-Chair) 1 Vote OCTA Public Member San Bernardino: Patrick Morris 1 Vote Mayor City of San Bernardino Alan Wapner Council Member City of Ontario Riverside: Daryl Busch 1 Vote Mayor City of Perris Andrew Kotyuk Council Member City of San Jacinto Ventura: Keith Millhouse 1 Vote Council Member City of Moorpark One Gateway Plaza, 12 th Floor, Los Angeles, CA 90012

3 SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY LEGISLATIVE AND COMMUNICATIONS COMMITTEE FRIDAY, JULY 12, 2013, 9:00 A.M. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY UNION STATION CONFERENCE ROOM ONE GATEWAY PLAZA, FLOOR LOS ANGELES, CALIFORNIA AGENDA DESCRIPTIONS The agenda descriptions are intended to give notice to members of the public of 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 to be 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 saccocciom@scrra.net at least 72-hours before 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, Floor, Los Angeles, CA and on the Metrolink website at under the Meetings and Agenda 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. Please note 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 11 (Public Comment), and will be subject to the same guidelines as noted above. One Gateway Plaza, 12 th Floor, Los Angeles, CA 90012

4 Legislative and Communications Committee Agenda Page 2 1. Call to Order 2. Pledge of Allegiance REGULAR CALENDAR 3. Approval of Minutes June 14, 2013 Legislative and Communications Committee Meeting Staff recommends the Legislative and Communications Committee approve the minutes of the June 14, 2013 meeting. Page 1 4. Contract No. SP Passenger Information Material Design Services Recommendation for Award CHK America, Inc. Passenger information material design services are required to support the Marketing and Communications Departments to design electronic and printed timetables as well as other passenger communication materials. These services were previously performed under Contract No. SP230-07, which expired on March 31, Staff recommends the Legislative and Communications Committee approve and recommend the Board authorize the Chief Executive Officer to award Contract No. SP for passenger information materials design to CHK America, Inc. (CHK America) in an annual amount of $50,000, for a total not-to-exceed amount of $100,000 for the base term of two years with three one-year options. This award is subject to resolution of any protest timely filed. Funds for passenger information material design services are included in the FY Operating Budget. Funding for subsequent fiscal years will be requested in future budgets. Page: 8 5. Bike Initiatives Staff will present an update on Metrolink s Bike Cars and bike ridership. This update will review bike ridership trends, bike events and current levels of customer engagement with the biking community. There is no written document. The Legislative and Communications Committee may receive and file this report. There is no immediate budget impact as a result of this update. 6. Adopt Staff Recommended Positions on State and Federal Legislation Staff is recommending positions on Assembly Bill 179 (Bocanegra) Public Transit: Disclosure of Personal Information; Senate Bill 556 (Corbett) Contractor Disclosures: Public Agencies; Assembly Bill 417 (Frazier) California Environmental Quality Act (CEQA): Bicycle Transportation Plan; H.R (Grimm) Commuter Parity Act of 2013 and S.1116 (Schumer) Commuter Benefits Equity Act of 2013.

5 Legislative and Communications Committee Agenda Page 3 Staff recommends the Legislative and Communications Committee approve and recommend the Board adopt the staff recommended positions on legislation: 1) Item 6A - AB 179 (Bocanegra) - NEUTRAL 2) Item 6B - SB 556 (Corbett) OPPOSE UNLESS AMENDED 3) Item 6C - AB 417 (Frazier) SUPPORT 4) Item 6D - H.R (Grimm) Commuter Parity Act of 2013 and S.1116 (Schumer) Commuter Benefits Equity Act of 2013 SUPPORT IN CONCEPT for both bills Page: 11 6A. Assembly Bill 179 (Bocanegra) Public Transit: Disclosure of Personal Information AB 179 introduced by Assembly Member Raul Bocanegra (D-Los Angeles) seeks to extend the privacy protections of SB 1268 (Simitian, 2010) to participants of electronic transit fare collection systems (ETFC). Senate Bill 1268 (Simitian, Ch. 489, Stats. 2010) created specific privacy protections for participants in electronic toll collection (ETC) programs. SB 179 seeks to extend those protections to participants in ETFCs. Staff recommends that the Legislative and Communications Committee approve recommend the Board of Directors adopt a NEUTRAL position on AB 179. Disclosing Metrolink s privacy policies may have a budgetary impact. Page: 12 6B. Senate Bill 556 (Corbett) Contractor Disclosures: Public Agencies Senate Bill 556 introduced by Ellen Corbett (D-San Leandro) addresses the physical disclosure of being a non-government employee by contractors performing services for public agencies. Senator Corbett introduced this legislation to address concerns that greater clarity is needed to distinguish between government and non-government employees that are contracted to perform traditional public services. This bill will prohibit nongovernmental persons contracting with public agencies from displaying a seal or emblem on a uniform or vehicle unless a disclosure statement is also conspicuously displayed. The disclosure would need to state Not a government employee in a font that is at least the same size as the largest font otherwise displayed on the vehicle or uniform. Staff recommends that the Legislative and Communication Committee approve and recommend the Board of Directors adopt an OPPOSE UNLESS AMENDED position. If the bill were to pass, trains, cars and vehicles operated by contractors would need to be marked with a disclosure statement. This could have a significant financial impact on the agency. Further analysis would have to be completed to understand the true costs. Page: 15

6 Legislative and Communications Committee Agenda Page 4 6C. Assembly Bill 417 (Frazier) California Environmental Quality Act (CEQA): Bicycle Transportation Plan AB 417 introduced by Assembly Member Jim Frazier (D-Fairfield) revises the CEQA requirements relative to bicycle plan implementation. This bill seeks to exempt from CEQA a bicycle transportation plan that is prepared pursuant to Streets and Highways Code Section for urbanized areas. Staff recommends that the Legislative and Communications Committee approve and recommend the Board of Directors adopt a SUPPORT position on AB 417. This bill does not have budgetary impact on Metrolink. Page: 17 6D. H.R (Grimm) Commuter Parity Act of 2013 and S.1116 (Schumer) Commuter Benefits Equity Act of 2013 Two legislative bills, S (Schumer) and H.R (Grimm), were recently introduced to permanently extend the expiring transit commuter tax exclusion approved by Congress last year. Metrolink staff would like to advocate in favor of these legislative bills to ensure that the commuter tax benefit will not expire and revert back from $245 to $125 on January 1, 2014, as scheduled under current law, while the parking benefit would remain $245. Staff recommends that the Legislative and Communications Committee approve and recommend the Board of Directors adopt a Support in Concept position on both legislative bills, S and H.R If the bills fail and the commuter tax benefit is not extended, we could see a loss of ridership. This could have indirect impacts to Metrolink. Page: State and Federal Legislative Update Staff will provide an update on current legislative issues in State and Federal Government Affairs. The Legislative and Communications Committee may receive and file this report. There is no immediate budget impact as a result of this update. Page: Customer Engagement Overview Staff will present an overview of projects in the Customer Engagement department that are in progress such as the Customer Information System, Fare Policy Changes, and TAP.

7 Legislative and Communications Committee Agenda Page 5 There is no written document. The Legislative and Communications Committee may receive and file this report. There is no immediate budget impact as a result of this update. 9. Communications Update Staff will present a comprehensive Communications update highlighting key communications initiatives. There is no written document. The Legislative and Communications Committee may receive and file this report. There is no immediate budget impact as a result of this update. 10. Chief Administrative Officer s Report Division Update 11. Public Comment 12. Chair s Comments 13. Committee Member Comments 14. Adjournment

8 SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY MINUTES OF THE SCRRA LEGISLATIVE AND COMMUNICATIONS COMMITTEE June 14, 2013 ITEM 3 COMMITTEE MEMBERS IN ATTENDANCE: VOTES METRO: DON KNABE (Chair) 1 OCTA: MICHAEL HENNESSEY (Vice-Chair) 1 SANBAG: PATRICK MORRIS 1 Alan Wapner RCTC: DARYL BUSCH 1 Andrew Kotyuk VCTC: -- STAFF: MICHAEL P. DePALLO, Chief Executive Officer PATRICIA BRUNO, Government and Regulatory Affairs Manager GEOFFREY P. FORGIONE, Associate General Counsel ROBERT TURNAUCKAS, Chief Administrative Officer MARY SACCOCCIO, Committee Secretary Meeting minutes are presented in a format that corresponds with the Legislative and Communications Committee Agenda, which is incorporated herein by reference. Southern California Regional Rail Authority (SCRRA) Legislative and communications Committee Agendas are available from the Metrolink website or by contacting the Committee Secretary at Call to Order The June 14, 2013, Legislative and Communications Committee Meeting was called to order by Chair Knabe at 9:01 a.m., in the Los Angeles County Metropolitan Transportation Authority Union Station Conference Room, One Gateway Plaza, 3rd Floor, Los Angeles, California Pledge of Allegiance Director Morris led the group in the Pledge of Allegiance. One Gateway Plaza, 12 th Floor, Los Angeles, CA

9 Legislative and Communications Committee Agenda Page 2 REGULAR CALENDAR 3. Approval of Minutes April 12, 2013 Legislative and Communications Committee Meeting Upon a motion by Chair Knabe and seconded by Director Busch, the Legislative and Communications Committee approved staff s recommendation. Vice Chair Hennessey abstained from the vote. There was no opposition and the motion passed. ACTION: The Legislative and Communications Committee approved the Minutes of the April 12, 2013 meeting. 4. Sales and Marketing Update Mark Waier, Manager, Sales and Marketing, provided a presentation that highlighted recent and upcoming marketing initiatives. He reported on the success of the Baseball Rail Series promotion, special summer events and promotions, partnerships with Megabus, ZipCar, and ongoing discussions with Los Angeles County Metropolitan Transportation Authority (Metro) and the City of Los Angeles for the 2015 Special Olympics World Games. Grant funding was provided by South Coast Air Quality Management District/Mobile Source Air Pollution Reduction Review Committee (SCAQMD/MSRC) and also through a partnership with the Dodgers, Metro, City of Fullerton, Orange County Transportation Authority (OCTA) and the Authority. He further reported that another Baseball Rail Series will take place featuring the Padres and Dodgers in late August and again all funding would be provided by SCAQMD/MSRC grants for this event. Director Morris inquired if cost and attendance are factors when evaluating the outcome of these types of events. Mark Waier responded that it is difficult to measure and project these types of events. He explained the $7.00 per ticket cost, subsidized by the SCAQMD/MSRC grant, is aimed at encouraging behavioral changes so people will try taking the train which in turn would allow them to realize long-term benefits of public transportation and possibly become future riders. Robert Turnauckas, Chief Administrative Officer, commented that with the presence of well-known past baseball players such as Tommy Lasorda, this aided in the impact on attendance and also drew press and media attention to the event which resulted in greater exposure and increased awareness of the Metrolink system. He stated translating this exposure to future train revenue is difficult to measure but it serves to raise Metrolink s presence. Vice-Chair Hennessey restated the SCAQMD goals that Mark Waier had outlined earlier and inquired if these goals had any influence on the location of ticket sales. Mark Waier responded that although staff does target specific locations around their stations when conducting their direct mail campaigns throughout the year, this 2

10 Legislative and Communications Committee Agenda Page 3 promotion, which was not a direct mail campaign, was accomplished by the Angels and Dodgers teams who reached out to their fans attending their games and encouraged them to ride the train. Chair Knabe remarked that fans had told him that they learned of the upcoming event by a promotion advertised on the reader boards at games. Director Morris inquired if advertising on the reader boards at games is negotiated in the grants funds, noting it could be an opportunity to show the sponsorship by SCAQMD and the teams. Robert Turnauckas responded that the grant funds only provided the operational expenses, which limits their funds for marketing. For this event, the teams handled all the promotional outreach. Mark Waier then summarized upcoming events and promotions which included the Beach Train summer promotion, Dump the Pump, CicLAvia, the OC Fair, Ocean Festival, and the LA County Fair. During discussion on the upcoming CicLAvia event, Director Morris inquired how staff handles overdemand when there are more bicycles to transport than anticipated. He also inquired if a strategic plan was in place to avoid leaving riders and bikes stranded at stations. Mark Waier responded that safety is the focus of all their operational and strategic decisions and staff places a capacity limit on the number of bikes allowed on board and noted that a communication plan was in place which relayed messages to stations down the route when bike cars have reached their capacity and that staff would encourage riders to board the next train. He informed the Committee that Metrolink would have available 19 bike cars for this event. Robert Turnauckas noted that the communication plan was developed by the Operations department in collaboration with the Customer Engagement Representatives. Michael DePallo, Chief Executive Officer, stated that as of January 2013, over 300,000 bikes have been carried on Metrolink trains. Mark Waier then discussed other ongoing partnerships which included the Megabus to cross promote connectivity to long distance travelers and ZipCar to cross promote last mile connections for travelers. Lastly, Mark Waier presented a video on Metrolink s Corporate Pass Program that was developed and produced by staff. He stated the video is shown in conjunction with staff s presentations at Chamber of Commerce meetings and also promoted through Metrolink s social media sites and a variety of channels staff is seeking to engage. The video shows organizations how they and their employees benefit by participating in the Corporate Pass Program. A copy of the presentation is available upon request from the Committee Secretary. 3

11 Legislative and Communications Committee Agenda Page 4 ACTION: The Legislative and Communications Committee received and filed this report. 5. Adopt Staff Recommended Positions on Legislation Patricia Torres Bruno, Government and Regulatory Affairs Manager, delivered a presentation that highlighted two bills for the Committee s consideration on recent state legislation relating to the Greenhouse Gas Reduction Fund: Sustainable Communities Strategies and the State Freight Plan as outlined in items 5A and 5B. A copy of the presentation is available upon request from the Committee Secretary. 5A. Assembly Bill 14 (Lowenthal) State Freight Plan Patricia Torres Bruno, Government and Regulatory Affairs Manager, provided a brief background on this item as detailed in the staff report and requested approval of staff s recommendation. She stated that Assembly Bill (AB) 14 mandates the development of a state freight plan every five years and the establishment of a state freight advisory committee. Director Morris inquired whether any resistance or opposition from lobbying groups existed toward the concept of aligning MAP-21 with our state policies. Patricia Torres Bruno stated that there were none that she was aware of. Upon a motion by Chair Knabe and seconded by Director Morris, the Legislative and Communications Committee approved staff s recommendation. There was no opposition and the motion passed unanimously. ACTION: The Legislative and Communications Committee approved and recommends that the Board take a Support position on AB 14 (Lowenthal) and instruct staff to monitor the advisory committee. 5B. Assembly Bill 574 (Lowenthal) Greenhouse Gas Reduction Fund: Sustainable Communities Strategies Patricia Torres Bruno, Government and Regulatory Affairs Manager, provided a brief background on this item as detailed in the staff report and requested approval of staff s recommendation to Support Unless Amended. She stated that AB 574 introduced by Assembly Member Lowenthal, addresses cap and trade revenue generated from the fuel industry which will be officially regulated in 2015 and noted that the bill intends for revenues to be distributed towards transportation. She added that there was an agreement with the author to amend the bill to direct all the cap and trade revenues to flow through the County Transportation Commissions in the Southern California Association of Governments (SCAG) region. This amendment was developed by the 4

12 Legislative and Communications Committee Agenda Page 5 leaders of SCAG and local transportation agencies. The bill was supposed to be amended in the Appropriations Committee where it currently stands. Patricia Torres Bruno reported that the Governor s May budget revision released on May 14 did not appropriate cap and trade revenues to the transportation sector as anticipated and instead loaned $500 million in cap and trade revenue to the General Fund. She also reported that in budget hearings, both the Senate and Assembly encouraged other types of proposals. Ultimately, the Senate supported the Governor s proposal. On the Assembly side, a position was adopted to allow $100 million to be spent on cap and trade projects and $400 million to be loaned to the general fund. This has become a Conference Committee item in budget negotiations and it was announced this week that an agreement on the proposal had been reached. Unfortunately the Governor s proposal succeeded and the final budget will include the loan. Patricia Torres Bruno stated that staff supports the concepts of the bill and for funding to be distributed as the amendment from the member agencies proposes. She recommended the position of Support unless Amended because the bill in its current form does not include the amendments. Chair Knabe commented that it would be premature to support this bill without knowing what the amendments contained and noted a lot of details still needed to be resolved. Chair Knabe requested to amend staff s position to a MONITOR position. Upon a motion by Chair Knabe and seconded by Vice-Chair Hennessey, the Legislative and Communications Committee approved this item as amended. There was no opposition and the motion passed unanimously. ACTION: The Legislative and Communications Committee approved this item as amended and recommends that the Board take a Monitor position on AB 574 (Lowenthal). 6. State and Federal Legislative Update Patricia Torres Bruno, Government and Regulatory Affairs Manager, provided an update on current issues in State and Federal governmental affairs as detailed in the staff report. Her report included recent developments regarding: State budget Federal Appropriations Process Congressional focus on freight and goods movement National Freight Advisory Committee Membership 5

13 Legislative and Communications Committee Agenda Page 6 Status of the confirmation process for the Secretary of Transportation Status of American Public Transit Association s (APTA) position on Positive Train Control (PTC) Implementation During discussion on the State budget, Patricia Torres Bruno reported Amtrak s budget had increased by $18.6 million for operating expenses to address the loss of federal dollars. She also stated the $500 million loan from cap and trade revenues to the general fund would also be included in the final budget. She indicated the budget was scheduled for approval on June 15, 2013 and staff will continue to monitor its progress. Reporting on federal side, she stated there had been a lot of activity in Congress over the past week. The Senate had resumed working on the Farm bill and Senate debate had begun on the immigration bills. In the House, consideration of the 2014 National Defense Authorization Act had begun. During discussion on the American Public Transit Association s (APTA) position on Positive Train Control (PTC), she reported that staff was engaged in debates with APTA concerning PTC implementation. She stated that APTA is advocating support for the extension of the federal mandate and a new proposal to allow alternative technologies to be used in lieu of PTC. She stated that Michael DePallo, Art Leahy, Chief Executive Officer, Metro, and Rick Bacigalupo from OCTA participated in the debates at the recent Rail Conference in Philadelphia, Pennsylvania. Chair Knabe asked if Michael DePallo could provide an update of their discussions with APTA. Michael DePallo explained that Metrolink is going to work with APTA on alternate language that would state that any alternative technology implemented offer the same level of safety standards and be interoperable with PTC technology. Metrolink provided alternative to APTA and they have agreed to review their position and report back to the Authority. Director Morris inquired into the implications for Metrolink being isolated with their PTC technology as they proceed being the leader in implementation. He expressed concern that once this system is nationwide, Metrolink would be left with alternative technology and without interoperability. Michael DePallo responded stating that most of the nation s rail lines will be implementing PTC technology. There are some railroads, especially rail lines in the northeast, who might implement a different single path technology. Although single path technology is prevalent in the northeast, it is not prevalent around the nation, so Metrolink would not be alone in this technology. Many other rail providers plan to implement PTC. He also stated Metrolink has been working hand in hand with the freight lines. Next, Patricia Torres Bruno reported on two bills that were introduced to extend the commuter tax benefits that the Metrolink riders benefit from. The bill on the House side reduces the credit levels from $245 to $220. At the $220 per month level, the federal fiscal impact is neutral. The bill introduced on the Senate side establishes an extension 6

14 Legislative and Communications Committee Agenda Page 7 of the current $245 a month rate. She stated she would bring these bills to the July 2013 Legislative and Communications Committee meeting for consideration. ACTION: The Legislative and Communications Committee received and filed this report. 7. Chief Administrative Officer s Report There were no additional comments from the Chief Administrative Officer at this time. 8. Public Comment Chair Knabe inquired if any members of the public wished to address the Committee. With there being no requests to speak, the Public Comment period was formally closed. 9. Chair s Comments There were no additional comments from the Chair at this time 10. Committee Member Comments There were no additional comments from the Committee at this time. 11. Adjournment There being no further business for consideration by the Committee, the meeting was adjourned at 9:50 a.m. Respectfully submitted, Mary Saccoccio Committee Secretary 7

15 SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY TRANSMITTAL DATE: July 5, 2013 MEETING DATE: July 12, 2013 ITEM 4 TO: FROM: SUBJECT: Legislative and Communications Committee Lia McNeil-Kakaris, Assistant Director, Contracts and Procurement Contract No. SP Passenger Information Material Design Services Recommendation for Award CHK America, Inc. Issue Passenger information material design services are required to support the Marketing and Communications Departments to design electronic and printed timetables as well as other passenger communication materials. Recommendation Staff recommends the Legislative and Communications Committee approve and recommend the Board authorize the Chief Executive Officer to award Contract No. SP for passenger information materials design to CHK America, Inc. (CHK America) in an annual amount of $50,000, for a total not-to-exceed amount of $100,000 for the base term of two years with three one-year options. This award is subject to resolution of any protest timely filed. Alternatives The Committee may: 1) Modify the amount of the contract authorization; or 2) Decline to award the contract and direct staff to re-issue the Request for Proposal (RFP). Background These services were previously performed under Contract No. SP230-07, which expired on March 31, On March 8, 2013, the Board approved evaluation criteria for the procurement of passenger information material design services. Southern California Regional Rail Authority (Authority) issued a Request for Proposal (RFP) on March 27, The RFP was posted on the Authority s e-procurement website and notices were sent directly to firms registered on the online vendor database. The RFP was also advertised in publications in the five member counties. Fifty-eight firms downloaded the One Gateway Plaza, 12 th Floor, Los Angeles, CA

16 Contract No. SP Passenger Information Material Design Services Recommendation for Award Transmittal Date: July 5, 2013 Meeting July 12, 2013 Page 2 solicitation. Three proposals were received on May 7, Proposals were received from CHK America, Inc., Lagrant Communications and The Phelps Group. The evaluation team consisted of Authority staff from the departments of Sales and Marketing, Information Technology, and an outside evaluator. The technical proposals for all three firms were evaluated and scored in accordance with the Board-approved Contracts Administration and Procurement Policy CON-13, Proposal Evaluation. Only CHK America achieved the minimum technical score of 39 and was interviewed and evaluated on cost. Lagrant Communications and The Phelps Group failed to achieve the minimum technical score as a result of a lack of qualifications and experience in passenger information material design in the transit industry. CHK America met all technical criteria and was selected because of their ability to provide industry standardized passenger information materials. The firm specializes in developing system maps, timetables and other forms of transportation passenger information. CHK America employs staff solely dedicated to producing transit materials and the organization does not focus on producing any other types of marketing collateral. CHK America has clients across the globe and can utilize best practices that are employed around the world and implement them into Metrolink s passenger information material. They have done extensive research in understanding the passenger s decision process for collecting transit information and utilize this research in the development of all system maps, timetables and other forms of passenger information materials. CHK America was incorporated in the State of California in March Specializing in the design of wayfinding and passenger information products, CHK America is part of the Cook, Hammond and Kell Group (CHK). The Cook, Hammond and Kell Group (CHK) first began operations in London in 1859, when some of the earliest railroad companies in Europe turned to the founders of CHK seeking help with passenger information. CHK took on the task of mapping the rail lines, routes, stops and schedules for these early train networks. Since then, CHK has grown into one of the most prominent mapping and customer information companies in Europe and the United States. CHK America has provided services similar in scope to Chicago Regional Transportation Authority (CRTA) and Washington Metropolitan Area Transit Authority (WMATA). For the last 10 years CHK America has also been responsible for the Los Angeles County Metropolitan Transportation Authority (Metro) bus and rail passenger information. CHK America has also performed similar services for the Authority in a satisfactory manner CHK America met all of the requirements of the RFP and was found to be responsive and responsible. In accordance with CON-5, Cost and Price Analysis, an analysis of the proposed pricing has been compared to previous pricing for similar work and was found to be reasonable. 9

17 Contract No. SP Passenger Information Material Design Services Recommendation for Award Transmittal Date: July 5, 2013 Meeting July 12, 2013 Page 3 Therefore, staff recommends the Legislative and Communications Committee approve and recommend the Board approve and authorize the Chief Executive Officer to award Contract No. SP to CHK America, Inc. in an amount not-to-exceed $100,000 for the base term of two years with three one-year options. Budget Impact Funds for passenger information material design services are included in the FY Operating Budget. Funding for subsequent fiscal years will be requested in future budgets. Prepared by: William Ringland, Sales and Marketing Coordinator Jon Bischetsrieder, Senior Contract & Compliance Administrator Lia McNeil-Kakaris, Assistant Director, Contracts and Procurement 10

18 SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY TRANSMITTAL DATE: July 5, 2013 MEETING DATE: July 12, 2013 ITEM 6 TO: FROM: SUBJECT: Legislative and Communications Committee Patricia Torres Bruno, Government and Regulatory Affairs Manager Adopt Staff Recommended Positions on State and Federal Legislation Issue Staff is recommending positions on Assembly Bill 179 (Bocanegra) Public Transit: Disclosure of Personal Information; Senate Bill 556 (Corbett) Contractor Disclosures: Public Agencies; Assembly Bill 417 (Frazier) California Environmental Quality Act (CEQA): Bicycle Transportation Plan; H.R (Grimm) Commuter Parity Act of 2013 and S.1116 (Schumer) Commuter Benefits Equity Act of Recommended Positions Staff recommends the Legislative and Communications Committee approve and recommend the Board adopt the staff recommended positions on legislation: Item 6A. AB 179 (Bocanegra) NEUTRAL Item 6B. SB 556 (Corbett) OPPOSE UNLESS AMENDED Item 6C. AB 417 (Frazier) SUPPORT Item 6D. H.R (Grimm) and S.1116 (Schumer) SUPPORT IN CONCEPT for both bills Attachments Attachments 6A, 6B, 6C, and 6D Prepared by: Patricia Torres Bruno, Government and Regulatory Affairs Manager Jennifer Cohen, Government Relations Administrator One Gateway Plaza, 12 th Floor, Los Angeles, CA

19 SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY TRANSMITTAL DATE: July 5, 2013 MEETING DATE: July 12, 2013 ITEM 6A TO: FROM: SUBJECT: Legislative and Communications Committee Patricia Torres Bruno, Government and Regulatory Affairs Manager Assembly Bill 179 (Bocanegra) Public Transit: Disclosure of Personal Information Issue AB 179 introduced by Assembly Member Raul Bocanegra (D-Los Angeles) seeks to extend the privacy protections of SB 1268 (Simitian, 2010) to participants of electronic transit fare collection systems (ETFC). Recommendation Staff recommends that the Legislative and Communications Committee approve and recommend the Board of Directors adopt a NEUTRAL position on AB 179. Alternative The Committee may choose to adopt an alternative position. Background Senate Bill 1268 (Simitian, Ch. 489, Stats. 2010) created specific privacy protections for participants in electronic toll collection (ETC) programs. AB 179 seeks to extend those protections to participants in ETFCs. Specifically, the bill expands and defines privacy protections: 1) Prohibits the sale or dissemination of personal data collected by transportation agencies, except for purposes of interoperability, law enforcement, and with a subscriber s express written or oral consent; 2) Limits how long personal data can be retained to 4.5 years; 3) Requires conspicuous and meaningful notice to subscribers of transportation agencies privacy policies; 4) Provides a civil remedy for individuals whose personal information is improperly released to recover damages, reasonable costs and attorney s fees; and 5) Defines personally identification information as individuals travel pattern data, address, telephone number, address, license plate number, photograph or One Gateway Plaza, 12 th Floor, Los Angeles, CA

20 Assembly Bill 179 (Bocanegra) Public Transit: Disclosure of Personal Information Page 2 video for purposes of assessing a toll or fare, bank account information or credit card number. Previous versions of this bill required data to be purged on a 6 month basis, however following objections by transportation agencies, that was amended to 4.5 years, as is established in SB Many of the privacy requirements accompanying AB 179 are practices that are already in place at transportation agencies; however this bill further codifies those practices. The 4.5 year purging cycle may create a new practice for some agencies, however Metrolink staff has indicated that our current practices will not be impacted by this new requirement, and therefore that will not render a new fiscal or functional burden. The bill does require a conspicuous and meaningful notice to subscribers of our privacy and data sharing policies. This may require the agency to post and or seek consent in ways we do not currently practice. Specifically, the bill would require transit operators to establish a privacy policy that contains the types of personally identifiable information collected, the categories of third-parties with whom the information is shared, the process of notifying subscribers of changes to the privacy policy and the process for a subscriber to review or request personally identifiable information. In Metrolink s case, our fares are processed by a third party banking institution and therefore we currently do not store any personally identifiable data or information about our commuters. Consequently, at this time, it seems that Metrolink would not be impacted by the purging requirements proposed in the legislation. Metrolink has recently transitioned to a TAP compatible pass and TAP is an ETFC. This new system enables us obtain and store travel pattern data in an unprecedented way, however we currently obtain this information from Metro who processes it from fare gate activity. Sharing the data for interoperability purposes (i.e. transferring from Metrolink to Metro) and storing of the aggregated collective data and travel information is allowed as long as it is not accompanied by personally identifiable information. As a result, at this time, transition to TAP is not impacted by this legislation. Metrolink staff is recommending a NEUTRAL position on this bill because the future of fare mediums is unknown. Staff is concerned about the potential impacts of the bill as we explore new electronic fare mediums, collection systems and information management. Staff is pleased that the author has been open to amendments about the length of time that data can be retained, but remain concerned about future operational impacts and evolving technologies. The Orange County Transportation Authority (OCTA) and the Riverside County Transportation Commission (RCTC) have also taken neutral positions. The Los Angeles County Metropolitan Transportation Authority (Metro) has a support position. 13

21 Assembly Bill 179 (Bocanegra) Public Transit: Disclosure of Personal Information Page 3 Budget Impact Disclosing Metrolink s privacy policies may have a budgetary impact. Prepared by: Patricia Torres Bruno, Government & Regulatory Manager Jennifer Cohen, Government Affairs Administrator 14

22 SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY TRANSMITTAL DATE: July 5, 2013 MEETING DATE: July 12, 2013 ITEM 6B TO: FROM: SUBJECT: Legislative and Communication Committee Patricia Torres Bruno, Government and Regulatory Affairs Manager Senate Bill 556 (Corbett) Contractor Disclosures: Public Agencies Issue Senate Bill 556 introduced by Ellen Corbett (D-San Leandro) addresses the physical disclosure of being a non-government employee by contractors performing services for public agencies. Recommendation Staff recommends that the Legislative and Communication Committee approve and recommend that the Board of Directors adopt an OPPOSE UNLESS AMENDED position. Alternative The Committee may choose to adopt an alternative position. Background Senator Corbett introduced this legislation to address concerns that greater clarity is needed to distinguish between government and non-government employees that are contracted to perform traditional public services. This bill will prohibit nongovernmental persons contracting with public agencies from displaying a seal or emblem on a uniform or vehicle unless a disclosure statement is also conspicuously displayed. The disclosure would need to state Not a government employee in a font that is at least the same size as the largest font otherwise displayed on the vehicle or uniform. For Metrolink, this could require that each of our 112 cars and locomotives operated by Amtrak would need to have a disclosure painted upon it in the same font size as the Metrolink logo. Similarly, 107 fleet vehicles are available to be operated by nongovernment contract employees and would also need the same disclosure affixed to them. All contract employees that wear uniforms would also have to wear a patch that says Not a government employee. Failure to comply with this would be subject to the California Legal Remedies Act. One Gateway Plaza, 12 th Floor Los Angeles, CA

23 Senate Bill 556 (Corbett) Contractor Disclosures: Public Agencies Page 2 Opponents of the bill contend that this legislation is unnecessary and that it should be left to local decision makers whether contractor should or should not have similar uniforms and vehicles. Currently, many public agencies specify uniform requirements with their subcontractors. The bill was amended in June to remove a more contentious component relating to liability, however opponents still contest that to put this legislation in practice remains very problematic. Metrolink has budgeted 246 employees and nearly 800 contract employees that assist in achieving its operations and administrative demands. This includes contractors agencywide including for PTC, security, maintenance of way, operations and mechanics. The sponsors of the bill are the California Professional Firefighters and the California Labor Federation. They had the legislation introduced to provide transparency with the number of jobs that are conducted by contractors or non-government employees. They argue that to establish accountability, we must bring awareness to the public on who is actually providing public services. The bill is supported by United Transportation Union, Laborer s Local 777 and 792 and the California Community College Independents. The bill is opposed by several key associations including the California League of Cities, California State Association of Counties, the California Special Districts Association, American Medical Response, California Association of Joint Powers Authorities, City of Thousand Oaks, Urban Counties Caucus and the Association of California Healthcare Districts. The California Transit Association has been in contact with the bill s author in order to have the bill amended to exempt transit. Metrolink staff recommends the Legislative and Communications committee adopt an OPPOSE UNLESS AMENDED position to allow Metrolink to join other transit stakeholders in advocating against these burdensome and unnecessary requirements. Budget Impact If the bill were to pass, trains, cars and vehicles operated by contractors would need to be marked with a disclosure statement. This could have a significant financial impact on the agency. Further analysis would have to be completed to understand the true costs. Prepared by: Patricia Torres Bruno, Government & Regulatory Manager Jennifer Cohen, Government Affairs Administrator 16

24 SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY TRANSMITTAL DATE: July 5, 2103 MEETING DATE: July 12, 2013 ITEM 6C TO: FROM: SUBJECT: Legislative and Communications Committee Patricia Torres Bruno, Government and Regulatory Affairs Manager Assembly Bill 417 (Frazier) California Environmental Quality Act (CEQA): Bicycle Transportation Plan Issue AB 417 introduced by Assembly Member Jim Frazier (D-Fairfield) revises the CEQA requirements relative to bicycle plan implementation. Recommendation Staff recommends that the Legislative and Communications Committee approve and recommend the Board of Directors adopt a SUPPORT position on AB 417. Alternative The Committee may choose to adopt an alternative position. Background This bill seeks to exempt from CEQA a bicycle transportation plan that is prepared pursuant to Streets and Highways Code Section for urbanized areas. It is similar to previous legislation SB 1380 (Rubio, 2012) and AB 2245 (Smyth, 2012) that reduces the litigious hurdles for implementing bicycle plans and projects. The impetus for this legislation was a prolonged process in San Francisco relative to the approval of their bike plan. The protracted litigation over the plan delayed implementation of a project that had net environmental benefits. The legislation establishes a process for obtaining an exemption to CEQA review. The proposed process includes a lead agency preparing an assessment of any traffic and safety impacts and holding public hearings. Theoretically, this will maintain the high standards of CEQA for identifying impacts, but reduce barriers to bicycle plan implementation. The bill also has a sunset date of January 1, Bicycling is recognized as an environmentally friendly alternative to driving because it reduces congestion and does not produce any tailpipe emissions. However, the One Gateway Plaza, 12 th Floor, Los Angeles, CA

25 Assembly Bill 417 (Frazier) California Environmental Quality Act (CEQA): Bicycle Transportation Plan Page 2 implementation of bicycle infrastructure can have impacts on a community including the loss of parking and lane reconfigurations. In addition to being environmentally friendly, bicycling is an extremely effective solution for first and last mile transportation. This is particularly relevant to accessing Metrolink stations and destinations in the stations proximity. Metrolink has been actively promoting the feasibility of cycling and connectivity for cyclists with its bike cars, collaboration with CicLAvia, and in infrastructure at stations. Streamlining implementation of bicycle infrastructure is in keeping with the tenets of the 2013 Legislative Program and has the potential to make Metrolink service more accessible. For these reasons, Metrolink staff urges the Legislative and Communications Committee adopt a SUPPORT position. At the time of this writing, both Orange County Transportation Authority (OCTA) and the Los Angeles County Metropolitan Transportation Authority (METRO) have also taken supportive positions on the legislation. Budget Impact This bill does not have budgetary impact on Metrolink. Prepared by: Patricia Torres Bruno, Government & Regulatory Manager Jennifer Cohen, Government Affairs Administrator 18

26 SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY TRANSMITTAL DATE: July 5, 2013 MEETING DATE: July 12, 2013 ITEM 6D TO: FROM: Legislative and Communications Committee Patricia Torres Bruno, Government and Regulatory Affairs Manager SUBJECT: H.R (Grimm) Commuter Parity Act of 2013 and S (Schumer) Commuter Benefits Equity Act of 2013 Issue Two legislative bills, S (Schumer) and H.R (Grimm), were recently introduced to permanently extend the expiring transit commuter tax exclusion approved by Congress last year. Metrolink staff would like to advocate in favor of these legislative bills to ensure that the commuter tax benefit will not expire and revert back from $245 to $125 on January 1, 2014, as scheduled under current law, while the parking benefit would remain $245. Recommendation Staff recommends that the Legislative and Communications Committee approve and recommend the Board of Directors adopt a Support in Concept position on both legislative bills, S.1116 and H.R Alternative The Legislative and Communications Committee may recommend an alternative position on the bills. Background Last year Congress adopted the Taxpayer Relief Act of 2012 that included legislation to bring equity between the commuter tax benefit and the parking tax benefit at $245 per month. However, this was only a temporary extension and it is scheduled to expire after December 31, Two legislative bills were recently introduced to make the commuter tax benefit permanent and bring permanent parity between the parking and transit benefits. H.R Congressman Michael Grimm (R-NY) and various other members of Congress introduced H.R. 2888, the Commuter Parity Act of The bill proposes to permanently bring parity between the tax free transit benefit and the parking tax benefit at $220 per month. Currently, the parking benefit provides a tax benefit of $245 per month. The amount of the tax benefit is reduced in HR 2288 from $245 to $220. The savings from the reduction One Gateway Plaza, 12 th Floor, Los Angeles, CA

27 H.R (Grimm) Commuter Parity Act of 2013 and S (Schumer) Commuter Benefits Equity Act of 2013 Page 2 proposes to pay for the permanent increase in the transit benefit, making the bill revenue neutral. The bill also improves and simplifies a similar tax benefit for qualified bicycle commuting at a $35 per month reimbursement. Current law allows up to $20 per month reimbursement for actual bike commuting costs. This would benefit bike sharing programs and allow more related expenses to qualify as tax-excluded expenses. The use of bikes for commuting has become increasingly popular and Metrolink has tried to respond to the demand by incorporating 24 bike cars in to our fleet mix. We expect this trend to continue to grow. S Senator Charles Schumer (D-NY) and various members of the Senate introduced S. 1116, the Commuter Benefits Equity Act of This legislation would permanently establish the current commuter tax benefit of $245 per month and keep parity with parking benefits. The bill is not considered revenue neutral because it does not identify a mechanism to offset the costs of the program. The commuter tax benefit is a great incentive for employers to offer to their employees to use public transit to commute to work. Metrolink has strongly advocated for this program, because it is a critical program that enhances ridership and provides commuters with options other than driving. Metrolink staff recommends that the Legislative and Communications Committee adopt a Support in Concept position on both H.R and S The bills have been referred to Committees and will be used as markers to get more co-sponsors to show support. We would like to support both bills to ensure that we have several legislative options that will make the commuter tax benefit permanent. The eventual legislation would be included in a yet-to-be-determined larger tax package bill. Budget Impact If the bills fail and the commuter tax benefit is not extended, we could see a loss of ridership. This could have indirect impacts to Metrolink. Prepared by: Patricia Torres Bruno, Government and Regulatory Affairs Manager Jennifer Cohen, Government Relations Administrator 20