Minutes - December 5, 2002

MEMBERS PRESENT: Michael Guingona (Chair), Mark Church (Vice Chair), 

Joe Galligan, Richard Gordon, John Lee, Lee Panza, Ira Ruskin

STAFF PRESENT: Michael Scanlon, David Miller, Joan Cassman, George Cameron, Roger Contreras, Jim Gallagher, Howard Goode, Rita Haskin, Joe Hurley, Aurora Jose, Martha Martinez

Chair Guingona called the meeting to order at 5:09 p.m. and led the pledge of allegiance to the flag.

CONSENT CALENDAR:

The Board, by roll call, unanimously approved the following items under the Consent Calendar:

1. Minutes of November 7, 2002 meeting with the correction to the spelling of San Mateo on the heading at the top of page 1 and Director Mark Church’s name under "Members Present" on the same page.
2. Adoption of Financial Statements, October 2002

PUBLIC COMMENT: None at this time.

CITIZENS ADVISORY COMMITTEE (CAC): Ken Colmen noted this is his last meeting as reporting chairman of the committee. He reported:

1. A nominating committee headed by George Zimmerman was established to decide who will be candidates for CAC office next year. The election will take place at the beginning of the January meeting.
2. He expressed disappointment that the CAC will not be involved in the selection process in filling the committee’s current vacant positions.
3. He suggested getting a clear definition of the extent of the CAC’s role – what is it they are supposed to do. He stated the CAC has a very good member complement who are volunteering their time and their involvement would be very useful in addressing vital issues. They want to be of optimum service to the community. He urged the Board to take advantage and utilize the experience and background of the CAC members.
4. The Committee is endorsing staff’s recommendation on item 10 of the agenda, supporting in concept, the bridge toll legislation.

CHAIRPERSON’S REPORT: None at this time.

SAMTRANS LIASON REPORT: Chair Guingona referred to the report in the packet. There were no questions from the Board.

JOINT POWERS BOARD REPORT: Executive Director Michael Scanlon stated the Joint Powers Board met on October 7. The November meeting was held on October 31. Reports on those two meetings were made to this Board on November 7. Because the next JPB meeting will be on Monday, December 9, there is nothing yet to report at this time.

REPORT OF THE EXECUTIVE DIRECTOR: Mr. Scanlon –

1. Thanked Ken Colmen for his service to the CAC. He stated the Board members are also volunteering their services acting on the Authority’s policies. He encouraged Mr. Colmen to come anytime to work with staff.
2. He congratulated Directors Mark Church, Ira Ruskin and Joe Galligan, reappointed members of this Board. They will be sworn in next month.
3. Introduced Director of Transportation Authority Programs Joe Hurley, who provided a report on the meeting regarding the measures of the Self-Help Counties.

Mr. Hurley advised that in the "Focus on the Future Conference" that was held in Santa Barbara last month, the five Self-Help counties that went to the voters in November conveyed the importance of public education and outreach, to make people fully aware of the benefit they can get from the Measures. Looking at the past record of election results on Measure A, he observed that 25 percent of the people who went to the polls in 1988 did not even vote on the Measure issue, indicating that these people did not understand what this Measure does and what it can do for the county. Education means not only educating the public on the contributions the Transportation Authority has made to San Mateo County but allows the Authority to be educated by the community on what they see to be the county’s transportation needs. The Self-Help Counties emphasized the importance of lowering the 2/3 voter threshold. Assemblyman John Longville of San Bernardino is proposing to introduce legislation to lower this threshold. Mr. Hurley outlined the legislative and voter initiative process. He stated this might go to the voters in November 2004.

Mr. Scanlon remarked that staff is working for the reauthorization in cooperation with C/CAG, the Board of Supervisors, P³ and Samceda. P³ and Samceda are now in final negotiations with consultant that will assist in the education and outreach effort. Staff is limited to providing public education on the expenditure plan. Advocacy includes the major task of raising funds, and the target is to raise $1 million. He stated in addition to Assemblyman Longville, other legislators like Senators Burton, Torlakson and Dutra also have indicated their interest in lowering the 2/3 threshold. Mr. Scanlon described how a minority of the people could defeat the will of the majority. He noted the problems that the State would face in the event that Measure A is not reauthorized. He remarked the Executive and Legislative branches of the State should help and empower the local and regional governments to raise their own money. He stressed the importance of working hard on public education and campaign with partners to raise private money and do everything possible to get the 2/3 threshold lower.

Director Lee asked if the Fresno and Madera measures expired and what is the problem with Fresno. Mr. Hurley answered Madera’s is expiring in 2005 while Fresno’s is expiring in 2007. The big issue in Fresno is air quality. Because of health issues, the League of Women

Voters could not be persuaded to support the measure. The League equates transportation with air quality.

Regarding public education and outreach, Mr. Hurley informed that staff is in the process of interviewing consultants and hoped to go to the Board with a recommendation at the January meeting.

FINANCE:

Support of Potential Bridge Toll Legislation - Howard Goode, Chief Development Officer, reported that Senator Perata has been meeting with legislators and is expected to introduce a bill that would authorize an increase in bridge tolls from $2 to $3. Senator Perata has assembled a group of stakeholders representing different constituencies, and they met almost on a weekly basis for about three months to set guidelines and objectives. Senator Perata went through transportation projects in the Bay Area to determine which ones should be included in his proposal, see how much money is available and how they will be scheduled. The bill is expected to be introduced in January, increasing the tolls by $1 on all the bridges except Golden Gate Bridge, which has already been raised. As this bill progresses, specific projects will be included, along with the funding that would be obtained. He emphasized that this is for projects that are in the toll bridge corridors so that the voters will see the connection. Also, Mr. Perata wants to provide capital and operating funds to new projects, not to bail out existing ones. Staff, with the support of Alameda County, Santa Clara County, and the Silicon Valley Manufacturers Association, successfully advocated for the Dumbarton rail corridor. Mr. Goode showed the PowerPoint presentation provided by Ezra Rapport, Senate Select Consultant, on the proposal to be presented to the members of the Legislature -- the goals, the connections between systems, travel choices, and improved transit. It also sets standard for smart growth associated with improvements. It notes the importance of raising bridge tolls now because of increasing costs, the existence of full player’s support, low interest rates and that a $3 round trip toll compares favorably with other states and other bridges in the region. Some of the projects that are included are East Bay, West Bay, commute rail system, Dumbarton rail bridge, expansion of Caltrain service between San Jose and San Francisco, BART connection to four commuter lines, and a large number of other systemwide projects that meet the plan’s goal. Mr. Goode highlighted that there will be funding for the Transbay Terminal and the Dumbarton corridor. Caltrain will benefit in terms of additional operating funds being made available. The plan also covers funding for Oyster Point ferry services. The core plan identifies the projects in the corridor and those systemwide, that meet the goals.

Mr. Goode advised that staff is recommending Board support of the legislation in concept.

Director Church asked if the projects are listed in the order of importance. Mr. Goode responded at this point, there has not been a discussion of prioritization.

Director Lee inquired if this bill would be on the 2004 ballot. Mr. Goode stated whether it would need to go to the voters or not will be determined in the legislative process in the upcoming session. If the legislature feels that, for whatever reason, it is desirable to have a vote within the region, the projection is that it would be either in the primary or general election of 2004. It would require only a majority vote within the region.

Director Gordon advised staff to watch this issue closely during the legislative process to make sure that they stick to this concept of the corridors being funded. He also suggested paying close attention to the timing issue and date of vote. He stated that in a presentation in the Bay Conservation Development Commission from the Water Transit Authority there was no mention of any alternative except ferry that would be funded from the increased bridge tolls.

Director Panza expressed concern regarding the impact of raising bridge tolls on people who barely make ends meet. Also, he suggested that the Authority’s endorsement spell out where this money would be spent such as operating expenses for viable alternatives and who will be benefiting from it.

Director Ruskin supported Director Panza’s concern that six dollars a week may be a major burden to some people. He suggested that the endorsement emphasize the connection between the improvements and the people for whom this would be of greatest burden, those who can least support to pay an extra $6 a week to get to and from work. He also agreed with Director Gordon that the progress of this bill should be monitored to see how much would be made available for the ferry system. He thinks that unresolved ferry issues might cause the defeat of this Measure in a general election.

Director Ruskin further asked the positions of Assembly members Mullin and Simitian and Senator Speier on this issue. Mr. Goode stated he does not know Senator Speier’s position. However, staff has laid out and discussed the proposal with Senator Speier’s staff person. The latter understood and did not object to what is being proposed.

Mr. Scanlon agreed with the points and suggestions of the Board members. He stated the action that is asked for by staff is an approval in concept. If the concept changes, the Board could change its position accordingly. He advised that staff will monitor the progress very closely to make sure that support would go to transportation programs that would benefit transit users as opposed to automobile users. He pointed out that nexus is critical. Statistics show that only seven percent of the population is doing the cross-bay trips and there are other options and alternatives for those who would be greatly impacted by the increase, but the people who create congestion and air pollution should pay something as a financial disincentive. On the other hand, by providing options of economic incentive, they can be persuaded to take public transit.

Mr. Scanlon finds that this would be a good opportunity to be proactive and let the legislators know this Board’s position.

Director Gordon moved that the Board support of the legislation in concept. He asked staff to communicate this support to the legislative delegates and to monitor the progress based on the comments made by Board members. Director Church seconded the motion.

Director Panza asked if making the expression of support should be generic or if they should be more explicit on what the Board is supporting.

Director Gordon stated it would be a support in general concept. Staff will be monitoring this and continue to work with Senator Speier’s staff based on this Board’s comments. Comments particularly on operating costs and concerns about Dumbarton will be carried into the discussions.

Director Guingona clarified that everything discussed, including timing, will be encompassed in the motion.

Mr. Scanlon referred to some verbiage suggested by General Counsel David Miller based on the foregoing discussions.

Attorney Miller suggested adding operating support and not just transit expansion, to the last phrase under ACTION. It would read "…with the proceeds to be used for transit expansion projects and operating support, in keeping with the goals set forth in the report of the Consultant, Senate Select Committee on Bay Area Transportation."

Based on the foregoing discussions, the Board, by roll call, unanimously approved support in concept of the legislation.

PROGRAM:

Quarterly Project Status Report: Mr. Hurley reported in regard to the 101 Auxiliary Lane Project between Marsh and Ralston, nine bids were received, eight of which were below the engineer’s estimate. The apparent low bidder is 20 percent below the engineer’s estimate. Normal processing time between bid opening and the start of construction is about eight weeks. Construction is expected to begin the latter part of January. The low bidder has put together a very aggressive schedule. Work is anticipated to be completed in a little more than a year, by February 2004.

REQUESTS FROM THE AUTHORITY: No requests.

REPORT FROM LEGAL COUNSEL: None.

WRITTEN COMMUNICATIONS TO AUTHORITY: Received by the Board members.

DATE AND PLACE OF NEXT MEETING: January 9, 2003 at 5 p.m. in the Auditorium, Second Floor, 1250 San Carlos Avenue, San Carlos.

ADJOURNED: 6:05 p.m.