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SamTrans > General Information > Board of Directors and Citizens Advisory Committee Meetings > Board of Directors Meeting Minutes - December 10, 2003

Committees and Board of Directors Meeting Minutes - December 10, 2003

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

Board of Directors
Community Relations
Finance
Legislative

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

Committee Members Present: Jerry Hill (Committee Chair), Shirley Harris, Al Teglia

Other Board Members Present, Constituting Committee of the Whole: John Barbour, Michael Guingona, Jim Hartnett, Arthur Lloyd, Michael Nevin

Staff Present: Michael Scanlon, Dave Miller, Joan Cassman, George Cameron, Cheryl Cavitt, Roger Contreras, Jim Gallagher, Howard Goode, Chuck Harvey, Rita Haskin, Aurora Jose, Martha Martinez, Ian McAvoy, Susan Stark, Bill Welch

Pledge of Allegiance
Director Guingona called the meeting to order and led the Pledge of Allegiance to the Flag.

Director Hill presided over the Community Relations Committee meeting.

Approval of Minutes of Community Relations Committee meeting of November 5, 2003
The Committee (Nevin/Harris) recommended Board approval of the minutes.

PCC, Advocacy and ATAC Reports
Bill Welch, Manager, Accessible Transit Services, reported that braille medallions are installed on 175 bus stop poles on El Camino Real to help customers with visual impairments to identify the bus stops. The California Council of the Blind became aware of the project and has expressed enthusiasm for the District's initiative. Also, Orthopaedic Hospital conducted a simulation of the new paratransit eligibility certification process for the Paratransit Coordinating Council (PCC). The PCC members were impressed with the skill and experience of the Orthopaedic Hospital staff.

Merrill Cohn, PCC member, filled in for PCC Chair Dale Edwards in reporting on the PCC projects:

The PCC members are generally pleased with the new paratransit eligibility certification process. However, there are still several detailed tasks that must be accomplished before implementation. The PCC would like to provide further input on the pre-application procedures for social service agencies and the method for notifying passengers about the new process to ensure smooth transition.
The number of Consumer Corps members increased, which allowed the PCC to capture more anonymous performance reports from the field. Reports for the last quarter indicate that on-time performance was 84 percent against a standard of 90 percent.
The PCC hosted its Annual Driver and Supervisor Appreciation Party. It is the PCC's way of thanking all the front line personnel for their personal commitment and the valuable services they provided throughout the year.

Citizens Advisory Committee (CAC) Liaison Report
Ken Feldstein reported on the CAC's accomplishments for the past two months. They discussed:

Term limits of CAC members, with the possibility that the CAC may come to the Board for a revision of the policy.
Ken Feldstein's election as Chair and Wayne Kingsford-Smith as vice chair at the December meeting.
Questions about the REX service that connects Millbrae BART with Redwood Shores, the Oracle area, and East Palo Alto.
Success of the experimental discount program extended to Canada College students, an idea originated by the CAC.
Bunching of buses along El Camino and at Hillsdale. They suggested 20 to 25 minute headways, and staff will explore this proposal.
Concerns on the BART subsidy agreement, and its possible effect on bus riders.
The new GPS system in relation to Route PX.
The District's no-transfer policy.
Appreciation for the enjoyable December holiday celebration.
The excellent presentation on specifics of regional express service (East Palo Alto-Millbrae BART).
The need to identify OWL service as all-night in printed schedules, and indicating PX on bus headsigns to avoid confusion.
Bus shelter upgrades.
January's presentation on Caltrain schedule changes, interconnections, and their effect on SamTrans riders.

BART Performance Report
Chuck Harvey, Chief Operating Officer, reported on two items, the RediCoast service and BART.

RediCoast: Mr. Harvey stated that the Coastside service contract was recently awarded to MV Transportation (MV). It was renamed "RediCoast". MV started identifying the Coastside patrons and invited the drivers of the former contractor, Coastside Opportunity Center (COC), to join MV. An office was set up at 121 Main Street in Half Moon Bay for the new service. Notices were sent to the customers and they were asked what their concerns were. Public meetings were held in cooperation with the senior Coastsiders. Service started on November 28. Mr. Harvey reviewed the many challenges that MV faced at the onset of the new service. Some of the problems were: (1) Drivers sought employment elsewhere without giving sufficient advance notice to MV. (2) The reservationist who was familiar with the area did not come. (3) They encountered problems with the antenna required for Nextel communications. (4) They were not provided reliable trip information by the former service provider. All these problems were quickly addressed by MV with the assistance of SamTrans staff and Redi-Wheels. The first week was tough. A couple of trips were missed. There were some troubles with on-time performance. However, ridership remained steady. MV did very well. With the extra help from the company, trips are now running 100 percent on time. Customer trip denials are now zero. There has been a constant, positive progress with service quality. Customer complaints received before are now turning into positive comments. The service is now in place. Staff will continue to tweak when necessary, to make it more efficient and effective.

Mr. Harvey indicated that staff will continue updating the Board on the RediCoast service. He pointed to the mailers that were sent to all the current subscribers to guide them on how to use RediCoast.

BART: Mr. Harvey reported that average weekday ridership systemwide on BART is up at 315,000 although still below the peak prior to the September 11 event. On the San Mateo County side of the extension, there were 29,000 in October 2002. This is consistent with school being open. It becomes quieter during summertime. In October 2003, ridership on the San Mateo County extension is tracking a little over 40,000 per day.

Average daily ridership in Daly City during summertime significantly decreased because of the tremendous number of students who access San Francisco State University via the Daly City Station. Colma, prior to the opening of the station was tracking from 12,000 to 13,000 riders a day. After extending the line down the Peninsula, people from South San Francisco and San Bruno moved, creating a steady growth but Colma ridership was reduced proportionately. The airport station was below projections. People were just trying the system and there were a number of joyriders. However, during the Thanksgiving week, there was a spike of 10,000 per day. Millbrae Station that started way below the projected ridership has now passed that of the airport station on an average day basis.

On time performance was tracking below BART's goal of 95 percent due to the continuing problem of getting the trains at the end of the line. He commented that it is difficult to maintain service quality because the train passes the Oakland "Y" interlock, and are subject to delays in loading and unloading large volumes of passengers at the SF subway stations.

He mentioned the implementation of the reduced parking charges and the suspension of the weekend parking fee and the 24-hour time limit.

BART has changed its bicycle policy by allowing bicyclists to travel from Civic Center to Millbrae with their bicycles and gain access to Caltrain, which is a bicycle friendly system. They are also allowed to take their bicycles on board BART from Millbrae to the Civic Center.

Mr. Harvey identified marketing promotions on the 49ers service, direct mailer to new residents, employer outreach between BART and the Congestion Relief Alliance, and surveys to find out who is using the system. He informed that Route 342 is now showing a six percent increase over last year's.

SamTrans Multimodal Ridership Report - October 2003
Mr. Harvey stated overall, ridership of SamTrans is up by five percent. He noted that the average weekday ridership for all modes is nearly 109,000. The average compared to FY 2002 represents a seven percent increase, showing a recovery in the ridership numbers. All modes combined are tracking well above the FY 2002 numbers.

Director Hartnett, referring to the report in the agenda packet, inquired about the return rate on the free-ride coupon mailers sent to new residents and to Route 342 Connection riders, to sample the service.

Rita Haskin, Chief Communications Officer, responded the coupons used by new residents were dropped in the farebox. They were taken to the District's money room where they were tracked. On the Route 342 Connection, there was three percent return. On the direct mail promotion for BART, addressees were asked to mail back the card to the District asking for the ticket with their postage on it. Then tickets were mailed to them. There was 25 percent return. Some customers were asked for their e-mail addresses and tracking is done through the web site.

At this time, Director Hill stated that every time he receives questions from the public, Ms. Haskin has been very accommodating in giving information. He thanked her for her assistance.

Adjourned: 2:30 p.m.

FINANCE COMMITTEE
COMMITTEE OF THE WHOLE

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

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

Director Harris called the meeting to order at 2:30 p.m.

Approval of Finance Committee Minutes of November 5, 2003
The Committee (Hartnett/Lloyd) recommended Board approval of the minutes.

Acceptance of Statement of Revenue and Expense for October 2003 and Supplemental Information
Roger Contreras, Chief Financial Officer, reported that revenues continue to deteriorate. For this period, the budget was decreased by $745,000 from $15.9 million to $15.2 million. This projection is slightly overstated by another $750,000. It was too late to include this amount in this report. This will be reflected on the report for next month.

On the expenditure side, there has been a year-to-date savings of $1.3 million of which $200,000 came from wages and benefits; $100,000 in maintenance; $100,000 in fuel; $300,000 in insurance. The rest are savings from various items in the budget under different categories.

With the reduction in sales tax that was experienced, coupled with the decline in fare revenues this month and the BART SFO extension subsidy, budget deficit increased from $1.3 million to $7.9 million.

Approval of a Lease to Service Contract Financing Transaction of the District's Bus Fleet and Execution of Related Documents
Mr. Contreras advised that this would mean the transfer of depreciation to a private investor in exchange for an upfront fee of approximately $1 million. Last month, the Board authorized staff to initiate this transaction. The documentations have been completed. He clarified that staff will not proceed with this transaction without the approval of the Federal Transportation Administration (FTA). The Treasury Department is now looking at this type of transaction and has asked FTA to hold any type of approval until they have completed their review.
Mr. Contreras requested Board approval of the proposed action with the hope that FTA would be able to approve before the end of the year.

The Committee (Nevin/Lloyd) recommended Board acceptance of the Revenue and Expense Report and approval of the Lease to Service Contract Financing Transaction.

Authorizing the Following:

Adoption of Annual Investment Policy and Delegation of Authority as Stated Therein;
Investment of Monies with the Local Agency Investment Fund (LAIF); and
Investment of Monies with the Investment Trust of California (CalTRUST)

Susan Stark, Director of Finance and Budget, reported that this policy has been reviewed by Finance, Legal, and the investment manager. The formal adoption of the Annual Investment Policy is in accordance with the legislative requirements. The only change this year is the inclusion of CalTRUST as an allowable investment instrument. She noted that the Board approved this investment interest last July per Resolution No. 2003-37. Staff respectfully requests that the Committee recommend Board approval of the policy and the delegation of authority as stated in the policy, as well as the investment of monies in LAIF and CalTRUST.

Director Hartnett, inquired how the District's Investment Policy compares with the Investment Policies of other agencies - whether they are standardized. Ms. Stark responded they are very standard because they are governed very closely by the Government Code. Policies are very similar not only for transit districts but also for cities and other public agencies.

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

Authorizing Award of a Contract to Transportation Resource Associates, Inc. for Support Services Pursuant to the TranSafe Software License for a Four-Year Period at the Not-to-Exceed Cost of $56,640
Cheryl Cavitt, Director of Contracts and Procurement, advised that staff is proposing that the Committee recommend to the Board approval of award of the contract to Transportation Resource Associates (TRA) and authorization of the General Manager/CEO to execute the contract. She added that this contract would allow TRA to provide software support services needed by the District to run the software.

The Committee (Guingona/Hill) recommended Board approval of the award.

Adjourned: 2:40 p.m.

LEGISLATIVE COMMITTEE
COMMITTEE OF THE WHOLE

Committee Members Present: Arthur Lloyd (Committee Chair), John Barbour, Michael Nevin

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

Director Lloyd called the meeting to order at 2:40 p.m.

Approval of Legislative Committee Meeting of October 8, 2003
The Committee (Hartnett/Nevin) recommended Board approval of the minutes.

Support for Regional Measure 2: $1 Increase in Bay Area Bridge Tolls
Ian McAvoy, Deputy Director of Development, reminded that early this year, this Board supported SB 916, which was approved by the legislature. SB 916 sets forth the projects to be funded through the proceeds of the $1 increase on bridge tolls. Regional Measure 2 (RM 2) is the ballot initiative. The projects that are being tracked by staff outside of Caltrain projects include the Dumbarton Bridge Commuter Rail service, the Oyster Point Ferry Service, as well as the downtown extension Transbay Terminal project. He stated that staff is requesting that the Committee recommend to the Board endorsement of RM 2 on the March 2004 ballot.

The Committee (Nevin/Hill) recommended Board support of RM 2.

Adoption of the 2004 State Legislative Program
Mr. McAvoy advised that every year, staff presents to the Board and requests adoption of an annual legislative program. The program serves as a guide for staff in the District's advocacy in Sacramento during the year. The program in the upcoming year is focused on the protection of funding. Staff will monitor any potential legislation that would affect transportation funding in general.

He noted key issues as follows:

Difficult funding year ahead: The Transportation Congestion Relief Program (TCRP) that funds the Baby Bullet Project for Caltrain and Proposition 42 being used for transportation may be rescinded or deferred by the legislature next year. Staff, therefore, wants to make sure that the District's legislative program for next year includes the protection of the TCRP.
Risk exposure to accident claims (Bonano case): The California Supreme Court ruled that transit agencies are responsible for people who sustain injuries crossing the street in order to get to the bus stop. Staff will try to protect transit agencies from the effects of this ruling.

Legal Counsel David Miller added that this would not be limited to protecting only transit agencies but also other public agencies that could potentially be liable for claims under the Torts Act as a result of this decision.

Mr. Miller noted that the decision was rendered relative to an accident that led to litigation. The Supreme Court interpreted that the Tort Claims Act applies to the agency that inherited a bus stop location from a predecessor when a person gets injured at an intersection while en route to a bus stop. The Supreme Court held the public agency responsible under the circumstances.

The Committee (Hartnett/Guingona) recommended Board adoption of the State Legislative Program.

Verbal Update on State Legislative Program
Mr. McAvoy said it is safe to assume that there will be no new State funds in the State Transportation Improvement Program (STIP) for the next five years. This means a lot for the District in view of the family of services it provides ranging from rail and bus, including the highway and local road improvement projects. At this point, nobody knows what will happen until the governor releases the budget. The new governor proposes to rescind the current funding for TCRP program.

Verbal Update on Federal Legislative Program
Mr. McAvoy reported that both the reauthorization and the appropriation efforts are hot on the congressional agenda. He stated the Transportation Equity Act - A Legacy for Uses (TEA-LU) is a new name for the reauthorization program. It funds transportation programs in general. The only issue is the uncertainty of where the revenues will come to pay the programs. The current issues are the proposed increase of Federal gas tax, the tax on ethanol to be the same as the rate of other fuels, and the balancing of revenues and the programs. He anticipates a resolution of the reauthorization bill TEA-LU sometime in the spring.

The Congress approved the Omnibus Bill, a whole series of bills, that lays down funding appropriations for FY 2004. It includes $7 billion for transit which is the same as last year. The Senate is not expected to approve this until sometime in January. Of interest is the Zero Emission Program. Other projects that would be funded through the program include the Caltrain train tracking information system which is $.5 million. The BART SFO still needs money and the appropriations should continue with that project. The Ferry Boat Discretionary Program includes $1 million for the Oyster Point Ferry vessel in San Mateo County.

Adjourned: 2:50 p.m.

SAN MATEO COUNTY TRANSIT DISTRICT
BOARD OF DIRECTORS

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

Chair Guingona called the meeting to order at 2:50 p.m.

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

Adoption of Minutes of Board of Director's Meeting of November 5, 2003
Acceptance of Statement of Revenues & Expenses, October 2003 and Supplemental Information

PUBLIC COMMENT: None at this time.

REPORT OF THE CHAIR

Resolution No. 2003-59: Resolution of Appreciation for Mary Janney
The Board members expressed pleasure in having worked with Ms. Janney on this Board. They stated they would miss her company especially at APTA meetings. They articulated their admiration of her outreach to help make senior living much better. They recognized her as a good leader and also a good team player. Guided by her high values and principles, she takes a stand when she needs to take a stand. They also noted her achievements while president of the school board of trustees of San Mateo County and all her other successes as a councilperson. They especially admired her for her foresight, her ability to make tough decisions and her sensitivity for human beings. On a personal basis, Directors Barbour and Nevin spoke highly of Ms. Janney and thanked her for making possible the extension of care for their own family members.

The Board (Nevin/Teglia) unanimously approved the resolution.

In response, Director Janney proclaimed how fabulous this Board has been, she cherished the cordiality that they have enjoyed and their genuine respect for each other. She stated that they do not just do what they do but they enjoy what they do and enjoy doing it together. She thanked the Board members and looked forward to an opportunity to work with them again together.

Reappointment of Board Member - Representing the Coastside
The Board (Hartnett/Hill) [except non-voting members Directors Harris and Teglia] voted in favor of the reappointment of Director Barbour to the position.
Appointment of Nominating Committee
Chair Guingona announced that the Nominating Committee will get together to determine who will be the Chair and Vice Chair of this Board for 2004. He appointed Directors Teglia, Hartnett, Barbour, and himself as members of the committee.

REPORT OF THE GENERAL MANAGER/CEO
Michael J. Scanlon thanked Ms. Janney for the energy and enthusiasm that she brought in as a Board member. He expressed extreme pleasure to have worked with her and have her support.

Mr. Scanlon also recognized the following awardees:

Twenty Years Safe Driver Award - Juan O. Casiano
Twenty-Five Years Safe Driver Award - Jai Prasad
Twenty-Five Years Safe Driver Award - Sammy D. Villareal

He further reported:

The California Transit Association conference was an overwhelming success. He thanked and credited the donors for their support. He also recognized staff members who went above and beyond their call of duty in putting the conference together, in the persons of Jayme Kunz, Janet McGovern, Andrea Suarez, Nancy Wood and Jonathan Lloyd.
There is a public workshop tonight in Daly City on Measure A. He encouraged everyone interested to attend the workshop and give their input on the types of projects and programs that they would like to see.
The deadline for public input on Caltrain schedule changes has been extended from November 7 to 28. Staff is in the process of reviewing the significant input already received from the public.
SamTrans will be offering free fares on New Year's Eve after 11 p.m. ending at 5:45 the next morning.
The low-floor buses have arrived. Operators are being trained and will be deployed on Route 120.

COMMUNITY RELATIONS COMMITTEE
Motion
The Board (Hill/Teglia) unanimously approved the minutes of Community Relations Committee of November 5, 2003.

Subjects Discussed
Director Hill reported that the Committee discussed the following:

PCC, Advocacy and ATAC Reports
Citizens Advisory Committee Liaison Report
BART Performance Report
Multimodal Ridership Report, October 2003

FINANCE COMMITTEE
Resolutions
The Board (Harris/Lloyd) unanimously passed the following:

Resolution No. 2003-60: Authorizing the General Manager/CEO or Chief Financial Officer to Take All Actions Including Execution of all Necessary Documents Required to Complete a Lease to Service Contract Transaction Relating to Buses
Resolution No. 2003-61: Adopting the Investment Policy for the San Mateo County Transit District
Resolution No. 2003-62: Authorizing Investment of San Mateo County Transit District Monies in Local Agency Investment Fund
Resolution No. 2003-63: Authorizing Investment of San Mateo County Transit District Monies in the Investment Trust of California
Resolution No. 2003-64: Authorizing Award of a Contract with Transportation Resource Associates, Inc. for Software Support Services for a Not-to-Exceed Cost of $56,640 for a Four-Year Period

Motion
The Board (Harris/Hartnett) unanimously approved the minutes of Finance Committee meeting of November 5, 2003.

LEGISLATIVE COMMITTEE
Motions
The Board (Lloyd/Hartnett) unanimously approved the minutes of Legislative Committee meeting of October 8, 2003.

The Board (Lloyd/Hartnett) unanimously supported Regional Measure 2: $1 Increase in Bay Area Bridge Tolls and (Lloyd/Hill) adopted the 2004 State Legislative Program.

Subjects Discussed
Director Lloyd reported that Mr. McAvoy brought the Board up to date on both the State and Federal legislative programs, indicating that the Federal program looks good with TEA-LU.

PLANNING AND DEVELOPMENT COMMITTEE: No meeting.

GENERAL COUNSEL PROPOSAL
Attorney David Miller reported that on the agenda, there are items: (a) a matter of pending litigation, (b) a matter of potential litigation, and (c) two closed session personnel matters involving performance evaluations of the General Manager/CEO and the General Counsel.

At this point, Attorney Miller spoke about his satisfying and pleasing experience in having worked with Ms. Janney on this Board. He found that the fine things she did in her prior work and the good reputation he heard about her in her other capacities are absolutely true.

THE BOARD ADJOURNED INTO CLOSED SESSION AT 3:30 P.M. AND RECONVENED IN OPEN SESSION AT 3:45 P.M.

Closed Session: Conference with Legal Counsel - Existing Litigation - Closed Session pursuant to Government Code Section 54956.9(a): La Morte vs. SamTrans
Attorney Miller reported that there was a discussion held with the John Glenn Adjusters representative with respect to this litigation matter. Instructions have been given to the adjuster. There is no need for a formal action at this time.
Closed Session: Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956(b) and (c) [One potential case.]
Attorney Miller stated that the details of this matter cannot be discussed publicly at this point. He requested that this item be carried over for the agenda of next meeting.
Closed Session - Pursuant to Government Code Section 54957 - Performance Evaluations of the General Manager/CEO and General Counsel.
Attorney Miller stated that the performance evaluation of the General Manager/CEO was discussed by the Board in closed session and a resolution is before the Board for action.

The Board (Nevin/Harris) unanimously approved Resolution No. 2003-65: Authorizing Fourth Amendment to the Employment Agreement with General Manager Michael J. Scanlon and Authorizing the Establishment of a Supplemental Retirement Plan.

With regard the performance evaluation of General Counsel, Attorney Miller stated that he was not present at the Board's deliberation. General Manager/CEO Michael J. Scanlon indicated that he shares the same feeling and recommendations of the evaluation committee as reflected on the report.

The Board (Nevin/Hartnett) unanimously approved Resolution No. 2003-66: Authorizing Modification of Compensation Rates for Services Provided by Legal Counsel.

Adjourned: 3:50 p.m.