REVISED See Closed Session Entries 18c and 18d SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY SCRRA BOARD OF DIRECTORS MEETING & BUDGET WORKSHOP FRIDAY, JANUARY 22, 2010-10:00A.M. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) BOARD CONFERENCE ROOM 818 WEST SEVENTH STREET, 12th FLOOR LOS ANGELES, CALIFORNIA 90017 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 Authority 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. Southern California Regional Rail Authority Consent Calendar Matters (Items 5-13) to be approved in one motion unless a Board Member requests separate action which it deems to be appropriate on the agenda item and is not limited in any way by the notice of the recommended action. The Chairman reserves the right to discuss the items listed on the agenda in any order. A person with a disability may contact the Board Secretary s office at (213) 452-0245 or via email yeroo@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 Board Secretary, located at 700 S. Flower, 26 th Floor, Los Angeles, CA 90017, and on the Metrolink website at www.metrolinktrains.com under the Board Agenda link. PUBLIC COMMENTS ON AGENDA ITEMS Members of the public wishing to address the Board of Directors regarding any item appearing on the agenda, may do so by completing a Speaker s Form and submitting it to the Board Secretary. Speakers will be recognized by the Chairman at the time the agenda item is to be considered. When addressing the Board, please state your name for the record. Please address the Board as a whole through the Chair. Please note comments to individual Board members or staff are not permitted when addressing the Board. 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 Board of Directors regarding any item not on the agenda, but within the subject matter jurisdiction of the Board, will be taken under Item 3 (Public Comment), and will be subject to the same guidelines as noted above. 700 S. Flower Street, Suite 2600 Los Angeles, CA 90017-4101
SCRRA Board of Directors Meeting Agenda Transmittal Date: January 15 19, 2010 Meeting Date: January 22, 2010 Page 2 1. Call to Order 2. Pledge of Allegiance 3. Public Comment REGULAR CALENDAR LEGISLATIVE UPDATE 4. Legislative Updates SCRRA s federal representative, Mr. David Turch, will provide an update on strategies for federal funding through annual appropriations and surface transportation reauthorization. Mr. Mark Watts, SCRRA s state lobbyist, will give an update on the state funding landscape, current budget proposals that impact transportation and funding strategies for Metrolink. There is no staff recommendation or written report. The Board may receive and file this report. CONSENT CALENDAR 5. Approval of Minutes January 8, 2010 Board meeting Staff recommends the Board approve the minutes of the January 8, 2010 Board meeting. Note that this item will be forwarded under separate cover. 6. Approval of Annual Investment Policy Update Local agencies are required by state law to annually review and approve their investment policy and to delegate investing authority for one-year periods. The Safety and Operational Oversight Committee recommends the Board: 1. Approve the annual update to the SCRRA investment policy; 2. Reaffirm the delegation of investing authority of Treasurer to the Controller. Page 1 7. Quarterly Investment Report Quarter Ended December 31, 2009 Section VII of the Southern California Regional Rail Authority s Annual Investment Policy requires that the Treasurer make a quarterly investment report to the Board of Directors, and Section 53646(b) and (k) of the California Government Code encourages local agencies to file this report. This report covers the second quarter ended December 31, 2009. There is no staff recommendation. The Board may receive and file this report. Page 18 8. Audit Activity Status Report Staff is committed to keeping the Board up-to-date on audit activities. This report presents status of activities for previous and current audits. Also reported are audits scheduled in the near term. There is no staff recommendation. The Board may receive and file this report. Page 22 9. Quarterly Update on Liability Claims/Suits Quarter Ended December 31, 2009 A report on a quarterly basis is provided for Board review regarding resolved and pending third-party operating liability and construction claims. There is no staff recommendation. The Board may receive and file this report. Page 28
SCRRA Board of Directors Meeting Agenda Transmittal Date: January 15 19, 2010 Meeting Date: January 22, 2010 Page 3 10. Delegate Authority to the Chief Executive Officer for the Purpose of Obtaining Financial Assistance Provided by the California Emergency Management Agency Staff recommends the Board approve Resolution 10-57 (Attachment 1) to authorize the Chief Executive Officer to execute for and on behalf of the SCRRA, any actions necessary for the purpose of obtaining federal financial assistance provided by the State of California Emergency Management Agency. Page 30 11. Crisis Communications and Media Relations Professional Consultant Services - Approval of Revised Evaluation Criteria Proposal evaluation criteria have been revised to re-initiate the competitive procurement (Request for Proposals) to retain a qualified firm to provide Crisis Communications and Media Relations Professional Consultant Services for SCRRA. The Planning and Development Committee recommends that the Board approve the proposed revised evaluation criteria, detailed in the staff report, specifying a weighting of eighty percent (80%) for technical qualifications and twenty percent (20%) for cost, to retain a firm to provide crisis communication and media relations professional consultant services. Page 35 12. Revisions to Contract Administration and Procedures Manual (CA&P) CON-17, Protest Policy Staff recommends the Board amend CA&P CON-17, Protest Policy to change the protest period required for specialized rail equipment such as the upcoming Positive Train Control solicitation to conform to the verbatim requirements of state law with respect to protest filing time limits as set out in California Public Utilities Code Section 130238. Page 39 13. Contract No. C3105-10 Pomona Station Platform Extension and Parking Lot Expansion Recommendation to Award L.A. Engineering, Inc. Construction of an extension to the platform and expansion of the parking lot at Pomona Station is needed to accommodate future passenger demand and to include an additional parking lot that will increase the number of parking spaces for Metrolink commuters. Staff recommends the Board authorize the Chief Executive Officer to execute Contract No. C3105-10 for Pomona Station Platform Extension and Parking Lot Expansion to the lowest responsive and responsible bidder, L.A. Engineering, Inc., in the amount of $5,517,141.50, plus a fifteen percent contingency of $827,571.23, for a total amount not-to-exceed $6,344,712.73. This award is subject to resolution of any protest timely filed. Page 52 REGULAR CALENDAR 14. FY2010-11 Budget Workshop As requested by the Board of Directors, staff and the Board of Directors will participate in a workshop/study session in preparation for the development of the Authority s Fiscal Year 2010-2011 budget, which must be submitted to SCRRA s member agencies for review and approval by April 30, 2010. There is no staff recommendation. Staff
SCRRA Board of Directors Meeting Agenda Transmittal Date: January 15 19, 2010 Meeting Date: January 22, 2010 Page 4 anticipates that the Board, as part of the workshop discussion, will provide policy guidance establishing the developmental framework for the FY 11 budget. Page 55 15. Public Communications Outreach Plan for the Public Review Process in Advance of Consideration of Future Fiscal Year 2010-11 (FY10-11) Fare Adjustments and Fare Restructuring Proposals A public review process is required by state and federal law prior to Board consideration and possible future action on proposed fare increases to be effective July 1, 2010 and possible restructuring of several fare media attributes and rates. Staff recommends the Board approve: A. A public communications outreach plan for the public review process related to proposed future actions on potential fare adjustments to be implemented no earlier than July 1, 2010 B. A public review process for the possible future restructuring of fare media attributes and discounts related to: 1. 10-trip ticket pricing and validity period 2. Round trip ticket discounts 3. Senior/Disabled discounts on 10-trip tickets and monthly passes 4. Student discounts on 10-trip and monthly pass and restructuring 5. Active-duty military one-way and roundtrip tickets 6. Weekend fare discounts 7. Intra-county fare discounts 8. Rail 2 Rail fare restructuring 9. Off-peak fare restructuring 10. Eliminating 80-mile cap on Long Distance fares C. A public review process prior to Board consideration of a system-wide average fare increase ranging from 3% to 6% Details of the proposed fare policy changes are included in Attachment A of the staff report. Page 59 16. Chief Executive Officer s Report Agency Update Operations Update 17. Board Member Comments (i.e., Announcements, Requests to Staff, Direction for Future Agenda Items) CLOSED SESSION 18. Closed Session a. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED and EXISTING LITIGATION Pursuant to Subdivision (a) and (b) of Government Code Section 54956.9 - Anticipated and existing litigation arising out of the
SCRRA Board of Directors Meeting Agenda Transmittal Date: January 15 19, 2010 Meeting Date: January 22, 2010 Page 5 September 12, 2008 collision between a Metrolink train and a Union Pacific freight train on the Ventura County Line, near Chatsworth, CA, including but not limited to:fravola v. SCRRA, Veolia Transportation Inc., Connex Railroad LLC, MTA - PC043734; Magdaleno v. SCRRA, et al- PC043703; Jeremy Schneider v. SCRRA, a public entity also known as Metrolink, Connex Railroad LLC, Veolia Transportation, Inc.- BC405966; Carolyn Rambo v. SCRRA, a public entity also known as Metrolink, Connex Railroad LLC, Veolia Transportation, Inc. - BC405967; Albert Cox and Marianne Cox v. SCRRA dba Metrolink, Veolia Environment, SA, Veolia Transportation Services, Inc, a division of Veolia Environment, dba Connex, Connex Railroad LLC. - BC406161; Steven Lindell v. SCRRA, Veolia, Connex, and MTA - PC044349; Doug Smith v. SCRRA dba Metrolink - PC044535; Gracilda Tejero Tiu, Jay Tiu, Pomino D. Tejero, and Victoria R. Tejero v. SCRRA dba Metrolink, Veolia Transport Service Inc., Connex Railroad LLC, Estate of Robert M. Sanchez - BC407455; Kong Chao and Caryn Chao v. Veolia Transportation, Inc.; Connex Railroad, LLC; Estate of Robert M. Sanchez, deceased - BC400547; Michelle Baker, et al. v. SCRRA, MTA, Veolia, Connex, Mass, Herzog, Bombardier, UPRR - BC404544; Janice M. Kish, et al v. SCRRA, MTA, Veolia, Connex, Mass, Herzog, Bombardier, UPRR - BC404545; SCRRA v. Connex - CV08-06987 b. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION - Pursuant to subdivision (a) of Government Code Section 54956.9 Litigation arising out of the January 26, 2005 derailment involving an automobile, two Metrolink trains and a Union Pacific work train in the City of Glendale, known as Glendale Metrolink Derailment Cases, which has been consolidated for liability purposes under the lead case of Tutino v. SCRRA, et al., Case No. BC 332426, in the Superior Court of California, County of Los Angeles, and related actions; Los Angeles County v. Southern California Regional Rail Authority dba Metrolink, Case No. BC393817 c. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Pursuant to Subdivision (b) of Government Code Section 54956.9 Anticipated litigation arising out of the January 12, 2010 collision between a Metrolink train and an automobile on the Antelope Valley Line, in the City of Los Angeles, CA d. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Pursuant to subdivision (a) of Government Code Section 54956.9 Brotherhood of Locomotive Engineers and Trainmen (BLET) vs. SCRRA and Veolia/Connex State: Case No. BC424287 and Federal: CV 09-8286 19. ADJOURNMENT