Chair, Christina Fugazi, City of Stockton Commissioner, Nancy Young, City of Tracy Vice Chair, Leo Zuber, City of Ripon Commissioner, Bob Elliott, San Joaquin County Commissioner, Bob Johnson, City of Lodi Commissioner, Scott Haggerty, Alameda County Commissioner, Debby Moorhead, City of Manteca Commissioner, John Marchand, City of Livermore Executive Director, Stacey Mortensen SAN JOAQUIN REGIONAL RAIL COMMISSION This Agenda shall be made available upon request in alternative formats to persons with a disability, as required by the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132) and the Ralph M. Brown Act (California Government Code § 54954.2). Persons requesting a disability related modification or accommodation in order to participate in the meeting should contact San Joaquin Regional Rail Commission (SJRRC) staff, at (209) 944-6220, during regular business hours, at least twenty-four hours prior to the time of the meeting. All proceedings before the Commission are conducted in English. Anyone wishing to address the SJRRC Board is advised to have an interpreter or to contact SJRRC during regular business hours at least 48 hours prior to the time of the meeting so that SJRRC can provide an interpreter. Any writings or documents provided to a majority of the Commission regarding any item on this agenda will be made available upon request in both English and Spanish for public inspection at the Office of the Executive Director located at 949 East Channel Street, Stockton, California, 95202 during normal business hours or by calling (209) 944-6220. The Agenda is available on the San Joaquin Regional Rail Commission website: www.acerail.com. May 3, 2019 – 8:00 am Robert J. Cabral Station Conference Call Locations South Hall Meeting Room 1311 Midvale Avenue 6920 NW 155th Terrace 949 East Channel Street Lodi, CA 95240 Edmond, Oklahoma 73013 Stockton, CA 95202 1. Call to Order, Pledge of Allegiance, Roll Call Chair Fugazi Roll Call: Haggerty, Marchand, Elliott, Johnson, Moorhead, Young, Zuber, Chair Fugazi Ex- Officios: Chesley, DeMartino, Zoslocki, McElhinney 2. Public Comments Persons wishing to address the Commission on any item of interest to the public regarding rail shall state their names and addresses and make their presentation. Please limit presentations to five minutes. The Commission cannot take action on matters not on the agenda unless the action is authorized by Section 54954.2 of the Government Code. Materials related to an item on the Agenda submitted to the Board of Directors after distribution of the agenda packet are available for the public inspection in the Commission Office at 949 E. Channel Street during normal business hours. These documents are also available on the San Joaquin Regional Rail Commission website at www.acerail.com/about-ace/sjrrc-board.html subject to staff’s ability to post the documents prior to the meeting. 949 East Channel Street Stockton, CA 95202 (800) 411-RAIL (7245) www.acerail.com 3. Consent Calendar 3.1 Minutes of March 1, 2019 ACTION 3.2 Rail Commission/ACE Monthly Expenditure INFORMATION 3.3 ACE Monthly Fare Revenue INFORMATION 3.4 ACE Ridership INFORMATION 3.5 ACE On-Time Performance INFORMATION 3.6 Update on Positive Train Control INFORMATION 3.7 Washington Update INFORMATION 3.8 Agreement with Union Pacific Railroad Company, Inc. (UPRR) for INFORMATION Preliminary Engineering of the Sunol Main Street Quad Gate 3.9 Agreement for a Three-Year and Two-Month Contract with Two INFORMATION One-year Options for Cloud Hosted Voice Over Internet Protocol (VoIP) Phone System to Jive Communications, Inc. for an Amount Not-To-Exceed $60,000 total from May 1, 2019 through June 30, 2022 3.10 Accept Independent Auditors’ Report for Fiscal Year 2017/2018 ACTION 3.11 Approve a Resolution of the Board of Commissioners of the San ACTION Joaquin Regional Rail Commission Approving the Fiscal Year 2018-19 Transportation Development Act (TDA) Claim and Authorizing Submission by the Executive Director to the San Joaquin Council of Governments for Local Transportation Funds (LTF) and State Transit Assistance Funds (STA) for a Total of $6,343,285 3.12 Approve a Resolution of the Board of Commissioners of the San ACTION Joaquin Regional Rail Commission Authorizing the Filing of Applications with the Federal Transit Administration, an Operating Administration of the United States Department of Transportation, for Federal Transportation Assistance Authorized by Chapter 53 of Title 49 of the United States Code and Any Other Federal States Administered by the Federal Transit Administration 3.13 Approve a Resolution of the Board of Commissioners of the San ACTION Joaquin Regional Rail Commission Authorizing the Executive Director to Accept and Sign Waiver of Potential and Actual Conflicts of Interest Letters with SJRRC Counsel, Lewis Brisbois Bisgaard & Smith LLP, Arising from Concurrent Representation of Union Pacific Railroad and San Joaquin Regional Rail Commission 4. Approve a Resolution of the Board of Commissioners of the San ACTION Joaquin Regional Rail Commission Authorizing the Opening of the Public Comment Period Until June 7, 2019, for the Proposed Saturday Service Effective Summer 2019, and Setting a Public Hearing for Adoption of the ACE Saturday Service at the June 7, 2019 Rail Commission Meeting (Brian Schmidt/Chris Kay) (Special and Regular Voting Members) 2 of 122 5. Approve Three (3) Resolutions of the Board of Commissioners of ACTION the San Joaquin Regional Rail Commission Authorizing the Executive Director to Negotiate and Enter into Multiple Consultant Contracts and Establish Pre-Qualified On-Call Consultant Lists for a Period of Five (5) Years for the Capital Projects Program (Kevin Sheridan/Autumn Gowan) Action 1. Approve Consultant Contracts for Specific Projects for Services and Not-To-Exceed Amounts provided in Table 1 in the Staff Report (Regular Voting Members) Action 2. Approve Consultant Contracts for Specific Projects for Services Not-To-Exceed Amounts provided in Table 2 in the Staff Report (Regular and Special Voting Members) Action 3. Adopt and Establish a Pre-Qualified On-Call Consultant List for a Period of Five (5) Years, May 3, 2019 through May 3, 2024 provided in the Staff Report (Regular and Special Voting Members) 6. Presentation on Altamont Corridor Vision INFORMATION (Dan Leavitt) 7. CLOSED SESSION: DISCUSSION/ACTION CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 (Seven (7) cases).” CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of Subdivision (D) of Government Code Section 54956.9) Name of Case: Ann Lester V. San Joaquin Regional Rail Commission, et al. San Joaquin County Superior Court Case No. STK-CV-UMC-2017-3606 8. Commissioner’s Comments 9. Ex-Officio Comments 10. Executive Director’s Report 11. Adjournment The next regular meeting is scheduled for: June 7, 2019 – 8:00 am Robert J. Cabral Station 949 East Channel Street, Stockton 3 of 122 SAN JOAQUIN REGIONAL RAIL COMMISSION Meeting of May 3, 2019 Item 3.1 ACTION Minutes of March 1, 2019 The regular meeting of the San Joaquin Regional Rail Commission was held at 8:00 am, March 1, 2019 at the Robert J. Cabral Station, 949 East Channel Street Stockton, CA 95202. 1 Call to Order/Pledge of Allegiance/Roll Call Chair Fugazi called the meeting to order at 8:00 am and led the audience in the pledge of Allegiance. Commissioners Present: Haggerty, Marchand, Elliott, Moorhead, Johnson, Young, Zuber, Chair Fugazi Commissioners Absent: None Ex-Officio Members Present: Mr. Chesley, Mr. Knodt, Mr. Zoslocki 2 Public Comments No public comments were made. 3 Consent Calendar 3.1 Minutes of February 1, 2019 ACTION 3.2 Rail Commission/ACE Monthly Expenditure INFORMATION 3.3 ACE Monthly Fare Revenue INFORMATION 3.4 ACE Ridership INFORMATION 3.5 ACE On-Time Performance INFORMATION 3.6 Update on Positive Train Control INFORMATION 3.7 Washington Update INFORMATION 3.8 Approve a Resolution of the Board of Commissioners of the San ACTION Joaquin Regional Rail Commission Authorizing and Directing the Executive Director to Sign and Submit the Fiscal Year 2018/2019 State Transit Assistance Application to Claim Alameda County Transportation Commission Apportionment for the ACE Service in the Amount of $809,912 3.9 Approve a Resolution of the Board of Commissioners of the San ACTION Joaquin Regional Rail Commission Authorizing the Executive Director to Submit and Execute Any and All Grant Applications, Agreements, Certifications and Assurances and Any Other Documents Necessary to Claim $300,818 from the Low Carbon Transit Operations Program (LCTOP) for Lathrop/Manteca ACE Station Transit Access Improvements 4 of 122 3.10 Approve a Resolution of the Board of Commissioners of the San ACTION Joaquin Regional Rail Commission Authorizing the Executive Director to Execute Contract Amendment #1 with the Union Pacific Railroad for the Cabral Phase II Track Extension Design Review and Engineering Services and to Increase the Total Compensation by an Amount of $180,000, and Revised Total Contract Amount Not-To-Exceed $250,000 for Agreement 17-R-34-00 Commissioner Elliott pulled items 3.1 and 3.10. Commissioner Elliott pointed out an error for item 3.1 regarding the minutes. Commissioner Elliott inquired about the increased amount for item 3.10. Mr. Sheridan explained the reasoning for the increased amount. M/S/C (Zuber/Johnson) Approve the Consent Calendar. Passed and Adopted by the San Joaquin Regional Rail Commission on the 1st day of March, 2019 by the following vote to wit: AYES: 8 Haggerty, Marchand, Elliott, Moorhead, Johnson, Young, Zuber, Chair Fugazi NOES: 0 ABSTAIN: 0 ABSENT: 0 4 Approve a Resolution of the Board of Commissioners of the San ACTION Joaquin Regional Rail Commission Authorizing the Executive Director to Execute Contract Amendment #1 with AECOM to Change the CEQA Document to an Environmental Impact Report, Extend the Contract Term Limit Until Work is Completed, and Increase the Total Compensation by an Amount of $620,080, Revised Total Contract Amount Not-To-Exceed $2,400,000 for Agreement 18-R-49-00 Mr.