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SamTrans > General Information > Board of Directors and Citizens Advisory Committee Meetings > Board of Directors Meeting Minutes - March 11, 2004

Committees and Board of Directors Meeting Minutes - March 11, 2004

SAMTRANS ADMINISTRATIVE OFFICE
2nd FL. AUDITORIUM
1250 SAN CARLOS AVENUE, SAN CARLOS, CALIFORNIA

Board of Directors
Community Relations
Finance
Legislative
Planning and Development

COMMUNITY RELATIONS COMMITTEE
COMMITTEE OF THE WHOLE
(Accessibility, Senior Services, and Community Issues)

Committee Members Present: Michael Guingona (Committee Chair), Shirley Harris, Al Teglia

Other Board Members Present, Constituting Committee of the Whole: Jim Hartnett, Marc Hershman, Jerry Hill, Arthur Lloyd, Michael Nevin

Other Board Member Absent: John Barbour

Staff Present: Michael Scanlon, David Miller, Joan Cassman, George Cameron, Cheryl Cavitt, April Chan, Roger Contreras, Jim Gallagher, Howard Goode, Chuck Harvey, Rita Haskin, Aurora Jose, Martha Martinez, Ian McAvoy, Ed Stewart, Bill Welch

Pledge of Allegiance
Director Nevin called the meeting to order at 2:04 p.m. He led the Pledge Allegiance to the Flag.

Director Guingona presided over the Community Relations Committee meeting.

Approval of Minutes of Community Relations Committee Meeting of February 11, 2004
The Committee (Harris/Hartnett) unanimously approved the minutes.

PCC, ALCOM, and ATAC Reports
Bill Welch, Manager, Accessible Transit Services, reported that relative to the eligibility certification process, contractor Orthopaedic Hospital started the first in-person assessment for the Redi-Wheels service eligibility on February 23 and has since completed 54 assessments. Staff is monitoring the process and a report will be rendered to this Board in the future.

Director Hill questioned if eligibility is determined after each person's evaluation is concluded or after the whole process is ended. Mr. Welch responded it is an ongoing evaluation. The contractor runs the evaluation to the Quality Assurance headquarters in Los Angeles overnight. It comes back and then they send the certification or denial to the applicant. Out of the 54 applicants that were screened, there were approximately four denials. A number of conditional, temporary, and full certifications were issued.

Dale Edwards, PCC Chair, reported on the new eligibility process that started in February. He thanked SamTrans for allowing the PCC to participate in reviewing the details of the new process and for allowing the PCC's continued involvement in this important transition and evaluation phase. He identified two issues that have arisen so far - (1) How to handle certifications at the agency sites; and (2) Insuring that when applicants are denied the service, they are informed about other appropriate transportation alternatives that will suit their needs.

Referring to the Measure A reauthorization, he noted that the PCC members were very impressed with the presentation materials distributed at the workshop and were glad to learn of the amount of money allotted for ADA paratransit service under the expenditure plan. He pledged the PCC's support for Measure A and offered assistance to achieve the necessary vote to have it reauthorized.

Citizens Advisory Committee (CAC) Liaison Report
Ken Feldstein, CAC chair, reported on the items discussed at the committee meeting of March 3, as follows:

Measure 2 and its benefits to San Mateo County.
Advanced Communication System on the buses and the compliments received from passengers.
SamTrans promotions and how it will continue to promote itself in the future.
Putting up single pre-emption devices for the service along El Camino Real.
What the CAC should do to keep track of legislation that affects public transit, specifically SamTrans -- write letter or contact representatives in Congress or the State Legislature.
CAC reappointment policy.
The committee's goals for this year and how to achieve them.

Caltrain Performance Report
Chuck Harvey, Chief Operating Officer, advised that:

On-time performance trend line is down due to speed restrictions brought about by ending work on the CTX construction project. Also, four specific incidents occurred in February that significantly adversely affected the performance rating, i.e., bomb threat in Atherton, a trespasser fatality, some circuit problems with the signals, and one mechanical breakdown. Performance was at 88 percent and the goal was 95.
Ridership is trending at about an average of 27,000 riders per day. This is the rolling average which has been down since the 9/11 tragedy and the economic downturn.
There was one suicide incident a couple of weeks ago.
On the Proof-of-Payment system, the conductors are not selling tickets on board anymore. Tickets are sold by Ticket Vending Machines (TVM), mail, at stations, by internet and employers.
More information has been added to the TVM screens to make it easier for passengers to buy tickets.
Ten-Ride ticket validation equipment also was upgraded to make it more efficient. Initially, as part of the random inspection under the Proof-of-Payment system, train conductors made some verbal warnings and issued some written warnings to violators. A week ago, they began implementing the issuance of full citations.
On the CTX side, the four-track station at Lawrence was opened. Bayshore is about done. The mini-high platforms to help wheelchair loading faster at Baby Bullet stations are coming along. The first one was installed in Palo Alto last weekend. Staff is working hard to get the centralized traffic control system completed. Boarding ramps and improved platforms are being constructed at the San Jose Diridon area. This work will be done by summer.
On the Baby Bullet, public hearings have been conducted. The cost analysis and final budget are being completed. Final service levels will be adopted at the April JPB meeting. CTX completion is scheduled in May at which time, train engineers and conductors will be trained. Baby Bullet is anticipated to begin the first week of June.

To the question of Director Lloyd on the resumption of the weekend service, Mr. Harvey responded, due to the training certification, the weekend service cannot start prior to the beginning of the new service.

Director Nevin inquired what kind of advertising is planned in connection with the coming of the Baby Bullet. Rita Haskin, Chief Communications Officer, responded staff is planning a huge promotion on Baby Bullet. Mr. Harvey added it is important to buy back the goodwill of patrons after shutting down the weekend service for two years.

Multimodal Ridership Report, January 2004
Mr. Harvey pointed out that ridership is up about 1 percent from the prior year for the month of January. Year-to-date, ridership is up 4.8 percent from FY 2003 or about 100,000 riders per day. On the SamTrans side, ridership was down as a result of the alignment of service with BART. Paratransit is tracking down a little bit which means better service to existing clients. On the BART side, ridership at the extension is currently running from 40 to 45 percent of the projected number. The total ridership is over 100,000 for all the transit modes.

Adjourned: 2:24 p.m.

FINANCE COMMITTEE
COMMITTEE OF THE WHOLE

Committee Members Present: Shirley Harris (Committee Chair), Jim Hartnett

Committee Member Absent: John Barbour

Other Board Members Present, Constituting Committee of the Whole: Michael Guingona, Marc Hershman, Jerry Hill, Arthur Lloyd, Michael Nevin, Al Teglia

Director Harris called the meeting to order at 2:24 p.m.

Approval of Finance Committee Minutes of February 11, 2004
The Committee (Hartnett/Lloyd) unanimously approved the minutes.

Acceptance of Statement of Revenues and Expenses for January 2004 and Supplemental Information
Roger Contreras, Chief Financial Officer, reported that in January, there were no further modifications on revenue projections for the fiscal year. Operating revenues, as well as overall revenues, were on target. On the expenditure side, there were $400,000 year-to-date savings and these were savings from different categories throughout the budget. There were no changes on the deficit amount for this month as reported last month.

The Committee (Hartnett/Hershman) recommended Board acceptance of the statement.

Approval of Declaration of Official Intent to Preserve the Right to Use Bond Proceeds to Reimburse the District for Advances Made to Projects for a Total Amount Not to Exceed $50 Million
Mr. Contreras proposed that the Committee recommend Board adoption of a resolution to preserve the right to use bond proceeds to reimburse the District for advances made to certain projects. Historically, SamTrans has paid for projects on a pay-as-you-go basis and also has used reimbursing bonds. The last reimbursement resolution was approved in 2002. However, it did not result into any bond offering. He clarified that the proposed resolution does not compel the District to issue bonds or take any other action as the case in 2002. It would only preserve the right of the District to issue bonds and if bonds would be issued, the action would be taken to the Board for consideration and approval.

The Committee (Hartnett/Lloyd) recommended Board approval of the action.

Authorize an Amendment to the FY 2004 Capital Budget by $129,723 to Accommodate Purchase of Replacement Amerivan Vehicles
April Chan, Manager, Capital Program and Grants, noted that the amendment would accommodate the increase in the procurement of 11 vans to 14. The increase in the budget will be $129,723 and the funding will come from both Federal and regional grants. No sales tax will be needed.

The Committee (Guingona/Lloyd) recommended Board approval of the amendment.

Authorize Filing of a Grant Application with Federal Transit Administration (FTA) for $10,057,171 in Section 5307 and Congestion Mitigation and Air Quality (CMAQ) Funds
Ms. April Chan advised that staff is asking the Committee to recommend Board approval of the filing of an application in the total amount of $10,057,171 which includes $1.8 million in Federal CMAQ funding and about $8 million in Federal Section 5307. The projects as listed in the staff report are included in both the FY 2004 Capital Budget and the Operating Budget for SamTrans.

The Committee (Nevin/Lloyd) recommended Board approval of the action.

Authorize Rejection of all Bids for Furnishing Brake Parts and Related Items
Cheryl Cavitt, Director of Contracts and Procurement, reported that two of the three bids received by staff did not complete certain unit bid items, a requirement under the Invitation for Bids (IFB). A third bidder, although technically compliant in other respects, gave a price that was so high that it exceeded the District's budget by $200,000 and was 50 percent higher than the lowest bid. According to the District policy, the Board is authorized to reject a bid that is not in the best interest of the District.

Director Harris inquired if the current contract will be extended until a new one is awarded. Ms. Cavitt answered staff was able to extend the contract without any adverse budget impact.

The Committee (Hill/Teglia) unanimously recommended Board approval of the rejection of bids.

Adjourned: 2:29 p.m.

LEGISLATIVE COMMITTEE
COMMITTEE OF THE WHOLE

Committee Members Present: Jim Hartnett (Committee Chair), Marc Hershman

Committee Members Present: John Barbour

Other Board Members Present, Constituting Committee of the Whole: Michael Guingona, Shirley Harris, Jerry Hill, Arthur Lloyd, Michael Nevin, Al Teglia

Director Hartnett called the meeting to order at 2:29 p.m.

Approval of Legislative Committee Meeting of February 11, 2004
The Committee (Lloyd/Harris) unanimously approved the minutes.

Support for AB 2737 (Dutra): Government Tort Liability
Ed Stewart, Legislative Analyst, reported that this bill responds to a California Supreme Court decision handed down last year in a case involving a transit agency in Contra Costa County. The court found that the transit agency was liable for the injuries to a woman struck by a car while crossing the street to a local bus stop, even though the agency has no responsibility for the road in question. This decision unreasonably expanded the liability of transit agencies. The District and other transit agencies are seeking redress of this ruling. This bill would limit the liability of transit districts for accidents and injuries caused by the condition of the public road or highway over which the agency has no control. Support of this bill is consistent with the District's legislative program.

The Committee (Harris/Lloyd) unanimously recommended Board support of the bill.

Verbal Update on State Legislative Program
Mr. Stewart reported that:

Regional Measure 2 passed with a 57 percent "yes" vote. Effective July 1, tolls on Bay Area bridges (except Golden Gate Bridge) will increase by $1. The revenue that will be generated which is approximately $125 million, is being dedicated to specific transit projects. In San Mateo County, one of the beneficiaries will be the Dumbarton Rail Project, which is slated to receive $135 million for capital costs plus $5 million for operations.
Proposition 57, the $50 million State Financing Bond, was overwhelmingly approved by the voters. This may offer opportunity for those in the transportation community to seek reimbursement of prior year loans from State transportation accounts to the General Fund. Reimbursement of bond proceeds would certainly help ease the current transportation funding crises at the State level.

Mr. Stewart gave an overview of the bills that staff is following, including measures that would protect Proposition 42 from future general fund transfers by making it more difficult to suspend the proposition. Legislators, in response to the State Transportation funding crisis, are proposing measures that would implement gas tax user fees. Staff will be requesting Board support of these measures at a future meeting.

Verbal Update on Federal Legislative Program
Ian McAvoy, Deputy Chief of Development, reported on the APTA Legislative Meeting that was held recently in Washington, D.C.

He noted that the U.S. Senate passed a $318 billion reauthorization bill which would provide money for transit programs. On the House side, legislators have not yet acted on their version of the bill. However, they passed a two-month extension of TEA 21, or until April 30. This was approved by the Senate and signed by the President. The House is reviewing different proposals. One of them is a $280 billion program. The administration, after scoring the availability of funds, is considering reduction of that amount. APTA is suggesting that $318 million should be the base amount, not the ceiling. Subject of discussion was a two-year instead of six-year reauthorization bill.
On the appropriations side, the deadline is coming up very soon for next year. The District submitted earmark requests for the Zero Emission Bus Program. Sometime in the summer, staff will find out exactly how the program fared.
Staff learned about multiple issues on the minds of congressional representatives. Staff will keep the Board abreast with latest developments.

Director Lloyd added that one of the big things being pushed was the Jobs Bill, jobs associated with the reauthorization. These are jobs that cannot be outsourced.

Mr. McAvoy further noted that APTA provided a very good one-page summary of the issues surrounding the reauthorization, which clarified the intentions, the impacts, and benefits of the reauthorization. It is otherwise called the Jobs Bill to which people pay close attention.

Adjourned: 2:37 p.m.

PLANNING AND DEVELOPMENT COMMITTEE
COMMITTEE OF THE WHOLE

Committee Members Present: Arthur Lloyd (Committee Chair), Marc Hershman, Jerry Hill

Other Board Members Present, Constituting Committee of the Whole: Michael Guingona, Shirley Harris, Jim Hartnett, Michael Nevin, Al Teglia

Other Board Member Absent: John Barbour

All members were present. Director Lloyd called the meeting to order at 2:37 p.m.

Approval of Minutes of Planning and Development Committee Meeting of October 3, 2003
The Committee (Teglia/Hartnett) unanimously approved the minutes.

Authorization to Execute Use, Operating, and Maintenance (UOM) Agreement for the Millbrae Intermodal Station
Chuck Harvey, Chief Operating Officer, reported that SamTrans is a partial owner of Caltrain property. Approval of the proposed action will convert into an ongoing annual agreement, the Construction and Maintenance (C&M) Agreement entered into by BART and SamTrans when the BART/Caltrain was built at the Millbrae Intermodal Station. The UOM Agreement will outline the terms of use, operating, maintenance and liability costs that BART and SamTrans share and those that are their individual responsibilities. The annual budget for the UOM Agreement for the station is actually borne by Caltrain. However, since SamTrans holds partial title to the property, the SamTrans Board must authorize the execution of the agreement.

The Committee (Hartnett/Guingona) unanimously recommended Board approval of the proposed action.

Approval of Vision and Guiding Principles of the SamTrans Strategic Plan for the 21st Century
Ian McAvoy, Deputy Chief of Development, reported that after the Strategic Plan workshop that was recently held by the Board, staff compiled and revised the District's Vision and Guiding Principles to reflect the Board's direction. He recited the Vision as "San Mateo County Transit District is respected as a leader in providing mobility alternatives that are relevant and desirable."

He discussed the guiding principles that would not only preserve the District's excellent service but meet every need of the public, bring more improvement and increase productivity wherever possible. He identified the following as the Guiding Principles:

Compete in markets where we can be competitive, giving priority to the most cost-effective services.
Sustain basic mobility services for transit-dependent and low-income persons.
Continue the District's reputation of service quality and provide relevant transit choices to customers.
Utilize the most effective mix of services and amenities to maximize ridership and perform ongoing, proactive monitoring of productivity.
Maintain financial strength and integrity in order to continue to operate the District's family of services.
Lead the way in making transit investments where there is transit supportive land use and reach out to cities, employers, and other local and regional partners regarding community development.
Focus on meeting the Transit needs of partners, including the business community, who establish transit supportive programs and policies.
Improve transit connections by coordinating with other transit operators and with local transportation services
Continue to be an employer of choice that attracts and retains competent, able employees.
Work with businesses to create awareness of transportation choices.

Mr. McAvoy advised that upon the Board's approval of this Vision and Guiding Principles, the District will move on with the development of the Strategic Plan.

Director Hill suggested eliminating the word "respected" from the proposed Vision statement, inasmuch as the District's goal is to be a leader. The Vision statement should read: "San Mateo County Transit District is a leader in providing mobility alternatives that are relevant and desirable." The other Board members expressed their concurrence to the suggestion.

Director Harris complimented staff in taking the Board's feedback from the workshop and doing an excellent job incorporating them in the guiding principles.

With the correction on the Vision Statement as suggested by Director Hill, the Committee (Guingona/Harris) unanimously recommended Board adoption of the Vision and Guiding Principles.

Adjourned: 2:48 p.m.

SAN MATEO COUNTY TRANSIT DISTRICT
BOARD OF DIRECTORS

Board Members Present: Michael Nevin (Chair), Jerry Hill (Vice Chair), Michael Guingona, Shirley Harris, Jim Hartnett, Marc Hershman, Arthur Lloyd, Al Teglia

Board Member Absent: John Barbour

Chair Nevin called the meeting to order at 2:48 p.m.

CONSENT CALENDAR
Motion
The Board (Guingona/Teglia) unanimously approved the following:

Adoption of Minutes of Board of Directors Meeting of February 11, 2004
Acceptance of Statement of Revenues & Expenses, January 2004 and Supplemental Information

PUBLIC COMMENT: None at this time.

REPORT OF THE CHAIR: None at this time.

REPORT OF THE GENERAL MANAGER/CEO
Michael J. Scanlon:

Presented the following awards to District employees:

Annual Base Operations Safety Award to North Base operators - On behalf of the operators of North Base, the award was received by Micque Redding, Superintendent of Bus Transportation. He was accompanied by Ed Proctor (ATU 1574 president).
Annual Base Maintenance Safety Award to South Base employees - On behalf of the maintenance employees of South Base, the award was received by Darrell Scott, Superintendent of Bus Maintenance. He was accompanied by Ed Proctor.
Maintenance Employee of the Year - Received by Geno Maranan
Operator of the Year - Received by Juan Casiano

Recognized Bus Operator Al Salde and Transportation Supervisor, Simon Fontanilla for their honesty in turning over to the owner, cash and a passbook that were found in one of the SamTrans buses.
Expressed pleasure receiving on behalf of SamTrans Bus Maintenance Department the 2003 Environmental Action Award by Samceda at their Awards of Excellence presentation on Thursday, February 26. The recognition pertains to the Bus Engine Repower Project that was completed in June 2003. Proclamations coming from the Senate and the Assembly were presented by Chuck Harvey, Chief Operating Officer, to David Olmeda, Bus Maintenance Manager.
Called on Ms. Fay San Lodde, owner of MV Transportation, who presented the 2003 Division of the Year Award to John Murphy, MV General Manager for SamTrans CUB Service for his good performance and accomplishment managing their service contract with SamTrans. She thanked the Board for trusting them and expressed pleasure providing the service.
Reported that bus reliability is tracking a very positive trend. The average miles-between-service calls is averaging about 16,000 miles which is 50 percent above the goal of 11,000 miles. He congratulated the entire North and South Bases employees for this achievement and for the continuing improvement.

COMMUNITY RELATIONS COMMITTEE
Subjects Discussed
Director Guingona reported that the Committee discussed the following items:

PCC, AL-Com and ATAC Reports
Citizens Advisory Committee Liaison Report
ADA Paratransit Performance Report
Multimodal Ridership Report, January 2004

FINANCE COMMITTEE
Resolutions
The Board (Harris/Teglia) unanimously approved the following resolutions:

Resolution No. 2004-05: Declaration of Official Intent of the San Mateo County Transit District to Reimburse Certain Expenditures from Proceeds of Indebtedness
Resolution No. 2004-06: Authorizing an Amendment to the Fiscal Year 2004 Capital Budget in the Amount of $129,723 for a Total Budget of $9,641,183
Resolution No. 2004-07: Authorizing the Filing of a Grant Application with the U.S. Department of Transportation, Federal Transit Administration, for Section 5307 and CMAQ Funds for Fiscal Year 2004 in the Total Amount of $10,057,171 and the Execution of Grant Agreements Required to Receive the Funds

Motion
The Board (Hartnett/Hill) unanimously approved Rejection of all Bids for Furnishing Brake Parts and Related Items.

At this point, Chair Nevin reminded that in the past, minutes of Committee meetings were brought forward to the full Board for approval. In his opinion, it is not necessary for the Board to approve the minutes again after they were approved by the respective Committees.

The suggestion was submitted without opposition.

LEGISLATIVE COMMITTEE
Motion
The Board (Hartnett/Teglia) unanimously supported AB 2737 (Dutra): Government Tort Liability.

Subjects Discussed
Director Hartnett reported that the Committee heard and discussed the updates on State and Federal Legislative programs.

PLANNING AND DEVELOPMENT COMMITTEE
Resolution
The Board (Lloyd/Teglia) unanimously approved Resolution No. 2004-8, Authorizing the General Manager/CEO to Execute the Use, Operating, and Maintenance Agreement for the Millbrae Intermodal Station.

Motion
Subject to the edits on the Vision Statement as suggested by Director Hill, the Board (Lloyd/Teglia) unanimously approved the Vision and Guiding Principles of the SamTrans Strategic Plan for the 21st Century.

WRITTEN COMMUNICATIONS TO THE BOARD: None.

BOARD MEMBER REQUESTS: None.

DATE AND TIME OF NEXT MEETING: Wednesday, April 14, 2004 at 2 p.m., SamTrans Administrative Office, 1250 San Carlos Avenue, San Carlos, California

GENERAL COUNSEL PROPOSAL
Legal Counsel, David Miller, reported that as permitted by the Brown Act, the Board will convene in closed session to discuss a matter of anticipated potential litigation involving the BART Operating Agreement.

Chair Nevin announced that after the closed session, there will be a press conference across the hall at 4 p.m.

THE BOARD ADJOURNED INTO CLOSED SESSION AT 3: 25 P.M. AND RECONVENED IN OPEN SESSION AT 4:03 P.M

Closed Session: Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(b) and (c) [BART Operating Agreement].

Legal Counsel David Miller reported that the Board of Directors has met in closed session to consider a matter of potential litigation. Despite numerous meetings in recent weeks and over many months with representatives of the BART District relative to the current SFO operations, yesterday, the SamTrans Board Chair received a letter from the chair of BART threatening legal action to bring the account current for the operations of the system. Sub-committee meetings were conducted to look at the BART request, at the same time considering the District's legal entitlements and positions, as well as relationship considerations. By unanimous vote, this Board has authorized Chair Nevin to communicate in writing to the President of the Board of Directors of BART and in press releases after a press conference next door in a few moments. The gist of the letter is to set forth the terms and conditions by which the BART request will be substantially honored. Terms, however, require mutual compliance with all contractual requirements contained in and commitments made under the Comprehensive Agreement, as amended, between SamTrans and BART.

Adjourned: 4:05 p.m.