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Minutes - October 6, 2005

MEMBERS PRESENT: Rosanne Foust, Joe Galligan, Mark Church, Rich Gordon, John Lee, Lee Panza BOARD MEMBERS ABSENT: Michael Guingona STAFF PRESENT: George Cameron, Brian Fitzpatrick, Rita Haskin, Gigi Harrington, Chuck Harvey, Jennifer Hardie, Ian McAvoy, Martha Martinez, David Miller, Michael Scanlon, Mark Simon Chair Mark Church called the meeting to order at 5:07 p.m. and Half Moon Bay City Councilmember Mike Ferreira led the Pledge of Allegiance. CONSENT CALENDAR The Board unanimously approved the following items under the Consent Calendar: Approval of the Minutes of September 1, 2005 Acceptance of the Statement of Revenues and Expenses for June 2005 – Unaudited Acceptance of the Statement of Revenues and Expenses for July 2005 PUBLIC COMMENT Jerry Carlson, President of the Atherton Civic Interest League, said he would like to know the construction and completion dates for the Atherton station improvements, which will eliminate the hold-out rule for the station. James Janz, Town of Atherton, said he would like to have the construction needed to eliminate the hold-out status of Atherton station completed prior to fiscal year-end. Mr. Janz said San Mateo County residents feel that the partner agencies should contribute their fair share to support Caltrain. Malcolm Dudley, Town of Atherton, said he appreciates the TA’s funding the design portion of the Atherton station improvements and requested that the Board immediately begin the bid process and construction phase of the project so that the improvements can be made by the end of the year. He said that the Town of Atherton has staff to assist in the project, if necessary. He said there has a misunderstanding as to whether the TA has the authority to complete this project rather than having to go through the Peninsula Corridor Joint Powers Board (JPB). Chair Church responded that the JPB will ultimately make the decision to construct the station because the JPB is the sponsor for the project. He said the TA has only made a commitment for the design phase of the project. Duncan Jones, Public Works Director for the Town of Atherton, said has talked with Caltrain staff and understands that there is not a construction timeline for the Atherton station improvements project. With the funding from the TA, he is prepared to hire a consultant and build the project, he said. David Miller, Legal Counsel, said the Transportation Authority was established as a result of the statute that applies throughout the state for any county that sees fit to establish a Transportation Expenditure Plan and to tax itself to support transportation projects. The statute requires the formulation of the Plan on a collaborative basis, involving the cities and other interested parties within the County. For a project to be included in the plan there must be a sponsor agency. The agency itself that administers the transportation plan is precluded, by statute, from being a sponsoring agency. In the Expenditure Plan that was created in 1988 and the Expenditure Plan for the reauthorized Measure A, each project that is enumerated has a sponsoring agency. Mr. Miller said the TA may have the authority, in general, to construct a project but in this particular case, would not have the authority to take possession of the JPB property where the station improvements are to be constructed. The TA can set terms and conditions of how the funding is allocated; however, when and how the project proceeds must be left to the JPB, the sponsoring agency. Michael Scanlon, Executive Director, said that the commitment from the TA was to continue to budget for the design of the Atherton station improvements project, currently 85 percent complete. The complicating factor is the Dumbarton Bridge, particularly how to thread southbound vehicles from the Dumbarton Bridge onto the southbound right-of-way. The study has not been completed but on a preliminary basis, a third track will be required that will go at least half the distance south between the existing Atherton and Menlo Park stations, which will require construction at the stations. Ian McAvoy, Chief Development Officer, said the Dumbarton project will be completed near 2012 and there is a significant issue about making train movements from the Dumbarton rail onto the southbound section of the Caltrain system. There will be a project but it must allow for the interlocking of both systems with additional tracks. The preliminary findings indicate that the project needs to be reviewed further because there may be a conflict. The preliminary assessment of the interlocking project will be completed by year-end. Director Lee requested that this issue be agendized for the November meeting. Director Galligan also requested that an update with regard to the Broadway station improvements be added to the agenda for November. Jack Ringham, Atherton, said when the Dumbarton plans were originally developed, there was going to be three morning trains to San Francisco via Redwood City and three morning trains from Union City to San Jose via Redwood City. Since those plans were in the formulation stage, there have been two new developments; baby bullet service and the combination of limited and local trains that interface at the Redwood City station. In view of these recent developments, Mr. Ringham suggested modifying the previous Dumbarton plans to include trains running to and from Union City to Redwood City in the morning and evening. The passengers along the Dumbarton Corridor could then transfer at Redwood City to Caltrain peninsula trains, which would remove the necessity of merging southbound trains from Union City and eliminate the need of the third track at Atherton station. Mr. Scanlon said Mr. Ringham’s suggested is valid but would cause passengers to transfer at Redwood City and there wouldn’t be any direct trips to South County. CITIZENS ADVISORY COMMITTEE (CAC) REPORT CAC Chair Larry Shaine recognized fellow CAC members present and reported on the last CAC meeting: There were three presentations; Transbay Terminal/Downtown Extension, Half Moon Bay project update, and the San Bruno/Minden Avenue grade separation project. The CAC unanimously supported the agenda items 10(a)-10(e). CHAIRPERSON’S REPORT Chair Church reported: The final segment of the Oyster Point/101 Interchange project was completed and the on-and off-ramps connecting to U.S. 101 and Bayshore Boulevard opened to traffic. The Board’s Strategic Plan subcommittee continues to meet and hopes to bring a report to the Board in December. SAMTRANS LIAISON REPORT The written report from the September 14 Board meeting was included in the packet to the Board. JOINT POWERS BOARD REPORT Mr. Scanlon reported on the October 6 JPB meeting: The meeting was held at the Gilroy City Council Chambers. The Board approved the reappointment of Paul Bendix (San Mateo) and the appointment of Suvashis Bhattacarya (San Francisco) to the Citizens Advisory Committee. The CAC approved a motion to support high speed rail but did not recommend endorsement the Guiding Principles of the Silicon Valley High Speed Rail Coalition. The Board authorized the annual adoption of the Investment Policy and authorized the investment of the monies with the local agency investment fund. The Board awarded a contract for the operation of the San Francisco Caltrain Bicycle Parking Facility Operator to Warm Planet Bikes of San Francisco Performance Statistics for August 2005 Average Weekday Ridership was up 8.5 percent, from 29,999 riders to 32,562. Total Ridership was up 9.7 percent from 808,794 riders to 887,342. Total Revenue was up 29.9 percent from $1.985 million to $2.579 million. On-Time Performance was down 5.7 percent from 96.3 percent to 90.6 percent. Shuttle Ridership was up 5.2 percent from 3,976 riders to 4,183. The monthly Safety and Security Report was distributed. After closed session, the JPB authorized a settlement agreement with Myers Natoma Venture, LLC relating to litigation involving the Transbay Terminal/Caltrain Downtown Extension/Redevelopment project with the understanding that funding of the settlements will be provided by agencies other than the JPB. REPORT OF THE EXECUTIVE DIRECTOR No report. FINANCE Director Foust recommended consideration of all finance items under one motion. Authorization for Distribution of $19,000,000 from the Bond Fund Interest and Program the Funds Equally Between the Transit and the Streets and Highway Program Categories of the Transportation Expenditure Plan Ian McAvoy, Chief Development Officer, said staff proposes that the Board approve the distribution of $19,000,000 of interest legally accumulated to date on Reimbursement Bonds issued by the Transportation Authority and program these funds equally ($9,500,000 each) between the Transit and the Streets and Highway program categories of the current Transportation Expenditure Plan. Mr. McAvoy said this action will serve as a source of supplemental funding required to support several projects of importance to the Authority. Subsequent agenda items in this agenda packet will address specific budget amendment and allocation proposals for the distribution of the bond interest proceeds. Authorization to Amend the FY2006 Capital Budget in the Amount of $4,580,000 to Increase the Route 101 Auxiliary Lane Third-Millbrae Project and in the amount of $3,377,000 to Increase the Route 101 Auxiliary Lane Marsh-SM/SC County Line Project Mr. McAvoy said this budget amendment is consistent with the Authority’s Expenditure Plan and will provide funding required to fully fund the Route 101 Auxiliary Lane Third-Millbrae through construction and the Route 101 Auxiliary Lane Marsh-SM/SC County Line through preliminary design and environmental phase. Authorization to Amend the FY2006 Capital Budget in the Amount of $1,543,000 and Approve the Allocation an Additional $3,843,000 to the City of Half Moon Bay for the Route92/Route 1 – Half Moon Bay Improvements Project Mr. McAvoy said the additional allocation of $3,843,000 to the City of Half Moon Bay as an advance for State Transportation Improvement Program (STIP) funds that were originally programmed for FY 2006, but will not be available until a future year, will allow the City to advertise, award and construct the project on schedule. As the STIP funds become available in the future years, the TA will be reimbursed and the funds will be programmed to fund future TA projects. Jim Grady, Mayor of Half Moon Bay, asked that the Board support this improvement project. Caltrain staff has worked with Half Moon Bay staff on this project and he commended those who developed the plan. Keet Nerhan, Half Moon Bay, said this project has been in the works for many years and he urged the Board to support the project. Director Panza asked why the bond interest funding was not foreseen during the budget process. Mr. Scanlon responded that staff has utilized creative financing techniques by issuing reimbursement bonds, as permitted by law. He said at the November Board meeting, there will be an action to authorize payment of approximately $400,000 to the County of San Mateo for the election fees from the November election of last year. The election fees will also be paid from the bond interest. Director Lee asked how confident staff is with regard to the reimbursement of State Transportation Improvement Program (STIP) funds. Mr. Scanlon responded that staff feels confident that the money will be available in the future. This action allows the TA to help the Half Moon Bay community. Authorization to Amend the FY2006 Capital Budget in the Amount of $2,400,00 for the South Linden Grade Separation, $6,210,00 for the San Bruno Grade Separation, and $3,290,000 for the Baby Bullet Improvements Project and Approve Allocations of $8,3800,000, $12,500,000 and $3,290,000 to the Peninsula Corridor Joint Powers Board for the Same Projects Respectively Mr. McAvoy said these budget amendments and allocations are consistent with the Authority’s Transportation Expenditure Plan and will provide funding to the JPB to deliver the above listed projects. Authorization to Amend the FY2006 Capital Budget in the Amount of $9,730,000 and Approve Allocations of $2,400,000 to the Peninsula Corridor Joint Powers Board and $7,280,000 to the Transbay Joint Powers Authority (TJPA) for Preliminary Engineering Associated with the Caltrain Downtown Extension Mr. McAvoy amended the report to reduce the allocation from $2,400,000 to $1,385,000 to the Peninsula Corridor Joint Powers Board. Mr. McAvoy said the allocation will provide funding to the JPB and TJPA to proceed with the above-listed project. The TJPA design team is committed to maintaining a schedule that will optimize the design of the Transbay Terminal and Caltrain DTX and develop the most cost-effective, detailed scope for the Transbay Terminal Program. To accomplish this, TJPA must have vital input from Caltrain, High Speed Rail Authority, and other stakeholders to ensure the optimized design meets the needs of the stakeholders. These actions will allow JPB and TJPA to provide a comprehensive package of design information that ensures Caltrain’s near-and long-term requirements are properly addressed and provide JPB with a base of data necessary for performing comprehensive technical reviews during the preliminary engineering phase. The motion (Galligan/Gordon) to approve all above finance items was unanimously approved, by roll call. REQUESTS FROM THE AUTHORITY None. WRITTEN COMMUNICATIONS TO AUTHORITY Director Galligan asked for staff to attend a Burlingame City Council meeting to give an update on the Broadway station improvements. DATE/TIME OF NEXT MEETING Thursday, November 3, 2005 at 5:00 p.m. in the Auditorium, Second Floor, 1250 San Carlos Avenue, San Carlos, CA 94070 REPORT OF LEGAL COUNSEL Closed Session: Pursuant to Govt. Code Section 54956.8, Real Estate Negotiations - Proposed transfers of property to San Mateo County Transit District and the Peninsula Corridor Joint Powers Board involving (1) Property located at the northeast corner of El Camino Real and Holly Street in San Carlos and (2) Property located between El Camino Real and the Caltrain right of way in San Carlos immediately south of the existing Caltrain parking lot Mr. Miller said as permitted by the Brown Act, the Board would meet in closed session to discuss the above agendized item. The Board met in closed session from 5:58 p.m. until 6:12 p.m. Mr. Miller reported that the Board met in closed session and the disposition of certain properties owned by the Transportation Authority (Authority) were discussed. The proposal for the disposition of these properties will authorize the Executive Director to transfer the Development Property and the Railroad Operations Property to the San Mateo County Transit District (District) with the understanding the District will pay the Authority the original purchase price for the Development Property, plus interest at the average rate of return on the TA’s portfolio going forward until the original acquisition cost is paid in full. Additionally, the Executive Director will be authorized to transfer the Railroad Corridor Property, at no cost, to the District and the JPB to facilitate future Caltrain expansion in keeping with the purpose of the Authority’s Transportation Expenditure Plan embodied in the Caltrain line item. The motion to approve the real estate transfers was unanimously approved, by roll call. ADJOURNED The meeting adjourned at 6:15 p.m.



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