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SamTrans > General Information > Board of Directors and Citizens Advisory Committee Meetings > Board of Directors Meeting Minutes - April 14, 2004

Committees and Board of Directors Meeting Minutes - April 14, 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: Shirley Harris, Al Teglia

Committee Members Absent: Michael Guingona (Committee Chair)

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

Other Board Member Absent: Michael Nevin

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

Pledge of Allegiance
Director Hill called the meeting to order at 2:02 p.m. He led the Pledge Allegiance to the Flag.

In the absence of Chair Guingona, Director Harris presided over the Committee meeting.

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

Adoption of Revised Guidelines for Inspection of Public Records
Martha Martinez, Manager, Executive and Governing Boards Support, noted that the revisions include the time and location where records could be obtained, and lowering the fee to $0.10 per page if the copies requested by the public would involve a large volume.

The Committee (Hartnett/Teglia) unanimously recommended Board adoption of the guidelines as revised.

Appointment of Citizens Advisory Committee (CAC) Members
Director Harris reported on the process adopted in screening applicants for appointment to the CAC. She was joined by Director Teglia in expressing pleasure that there were outstanding applicants they were able to select from. The Selection Committee arrived at the following recommendation for appointment:

Community Riders - Catherine Barber, Andy Chow, Maureen Hall
Bus Riders - Pamela Hitchcock, Kim Nobles, Jonathan Robbins
Multimodal Riders - Roseanne Torre

Director Harris noted that copies of the applications were distributed previously to all Board members for their review.

The Committee (Hartnett/Teglia) unanimously recommended Board approval of the appointments.

PCC, AL-Com, and ATAC Reports
Bill Welch, Manager, Accessible Transit Services, reported the excellent relationship District staff has with the Paratransit Coordinating Council (PCC) in finding solutions to some service difficulties on a day-to-day basis. He also thanked MV Transportation, the Redi-Wheels operator, for assisting on the Trapeze scheduling project by providing a consultant that knows the software issues.

Also, Mr. Welch advised that the in-person certification process is going well. The percentage of applicants that have been determined to be able to use accessible fixed-route services has increased from 3.5 percent to 6.5 percent. The eligibility office is located at 805 Veterans Blvd., Redwood City. The contractor is planning to recertify some customers on site to make the recertification process easier. On-site recertifications are planned for the Rosener House Adult Day Center in Menlo Park and the Fair Oaks Senior Center in Redwood City.

Director Hill pointed out that Rosener House and Fair Oaks Senior Center are in the southern part of the county. He inquired if there are any efforts to move the same eligibility process to the northern or central part of the county. Mr. Welch answered that these two locations are pilots. The process will be extended to different locations. At this point, Mr. Welch introduced Kathleen Hofvendahl-Clark, the Orthopaedic Hospital manager for the project.

Director Hill further asked if there are other criteria used for those who are not able to personally come for the certification. Mr. Welch gave the example of dialysis customers. He said that the District looks at all possible ways to bring them into the process or make the certification convenient and expeditious for them.

Director Hill questioned why a person who is relegated to a wheelchair and cannot take the fixed route service because of some permanent disability or illness would still need to undergo certification. Mr. Welch answered if they want to use Redi-Wheels they have to apply and be certified. Redi-Wheels takes all measures to take them to the evaluation site as comfortably and conveniently as possible at no cost.

Director Hartnett voiced the concern of the Senior Fares Commission about the recertification process -- that individuals are not fully informed of how the process works, and they perceive the process as difficult. He emphasized the importance of communicating fairly and often reminding the commission and others of what is actually going on.

General Manager/CEO Michael Scanlon acknowledged as valid, the comments of Directors Hill and Hartnett. He advised that the District has been working with the PCC for a long period of time on the recertification process. The threshold on whether or not an applicant is qualified under the Americans with Disabilities Act (ADA) is not a medical determination. It is a determination of whether they can, in fact, use fixed route. It is a requirement of the law and the law actually calls for a trip-by-trip certification. There are some wheelchair-bound people who think that they cannot ride the fixed route. In some cases, if they go to some familiar places on a regular or frequent basis, they may be able to take the train. However, if they would have to take a trip to an unfamiliar place, they may be conditionally certified. There are, however, some types of conditions where people are clearly incapable of riding the fixed route. Mr. Scanlon assured that staff will continue to work through the outreach or the PCC to make people understand that the District is trying to make the process as easy as possible. On-site evaluation will be done.

Merrill Cohn, CAC member, on behalf of PCC Chair Dale Edwards, reported:

The ADA recertification process is moving along as expected.
He (Mr. Cohn) is a member of the Redi-Wheels Appeals Board that reviews applications for certifications on appeal. So far, they have received only one appeal. In the past, they have granted conditional use of Redi-Wheels. They also encouraged fixed route training for people who could not qualify to use Redi-Wheels.
The PCC understands the importance of reauthorizing Measure A. They appreciate the large share of sales tax revenues from the measure that is allocated to paratransit. The PCC is working with SamTrans staff in educating the disabled community about what Measure A can do to enhance paratransit services. The PCC will develop a plan to disseminate information to bureaus and different venues on how important it is to renew this measure.

Director Hill was pleased to hear about the PCC's commitment in supporting the reauthorization of Measure A and in trying to carry out the message to the community.

Citizens Advisory Committee Liaison Report
Director Harris requested acceptance of the written report in the file from Mr. Ken Feldstein, CAC chair, indicating that due to a family medical situation, he is not able to be physically present at this meeting today to do a verbal report.

There was no opposition to the request.

BART Performance Report
Chuck Harvey, Chief Operating Officer, reported that BART has been operating differently during the peak and off-peak periods since the implementation of some service changes a couple of months ago. Average weekday ridership on all of the stations has recovered since the effectivity of the 10 percent fare increase but it is still far below the peak ridership in 2001 prior to the September 11th incident and the economic downturn in the Bay Area. They are tracking about 310,000 average daily riders systemwide. On the District side of the system, ridership is tracking at about 40,000 rides on all San Mateo County stations. Daly City tracks with the time and season. Lots of students are going to San Francisco State University, accessing Daly City. Colma is considerably down from what it was before the opening of the extension. Riders have shifted from Colma and moved south to the other stations. SFO and Millbrae are tracking each other. South City and San Bruno have a very slow but steady increase. The data suggest some slow, modest growth, some transfers from Caltrain on the southbound direction from BART to Caltrain and some transfers off from Caltrain to BART going northbound. This indicates that the Intermodal station in Millbrae is serving its purpose.

On-time performance is tracking very close to the 95 percent goal. Parking fees in Millbrae were suspended starting April 5 to invite more riders; while parking fees in Colma are still in effect.

On the marketing side, direct mail inviting riders to try BART was sent to 116,000 households in the Peninsula. Advertisements regarding free parking were run in various newspapers.

Multimodal Ridership Report
Mr. Harvey indicated that all modes are tracking in combination at over 100,000 trips per day. Caltrain ridership is down due to the tremendous loss in ridership in San Mateo and Santa Clara in view of the economic downturn. He hoped to win back riders when weekend service resumes at the start of the Baby Bullet trains.

Mr. Harvey presented comparative ridership figures on the BART original extension in Daly City and Colma in February 2003 and the six newer BART stations in February 2004, representing a total increase in average daily ridership from 28,800 per day to 40,200. Daly City has stayed very steady and it makes sense considering the student population, the available parking and the transit connections there. Staff will continue tracking the ridership daily on each of the stations. This BART Ridership Report will be presented to the Board monthly to see the changes.

Rita Haskin, Chief Communications Officer, stated that from an onboard survey that was conducted recently, it was found that there is a huge Hispanic population that rides the bus and an untapped market. To get them on to the buses, the District's marketing staff created a 15-second video commercial (starring SamTrans Operator of the Year Juan Casiano), that will start to run on Friday on Spanish language TV. The video commercial was viewed by the Board.

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: Marc Hershman, Jerry Hill, Arthur Lloyd, Al Teglia

Other Board Members Absent: Michael Guingona, Michael Nevin

All Committee members were present, Director Harris called the meeting to order at 2:30p.m.

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

Acceptance of Statement of Revenues and Expenses for February 2004 and Supplemental Information
Roger Contreras, Chief Financial Officer, reported that sales taxes for the period (which includes the holiday season), have indicated a rebound. For this reason, staff has temporarily restored the budget on the half-cent sales tax at the amount of $56 million, representing an increase of $1.2 million to the District budget. Staff will continue monitoring these revenues and report accordingly to the Board.

On the expenditure side, the budget is basically on target. There are some savings on different categories. The increase in sales taxes has decreased the deficit from $8.7 million to $7.5 million.

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

Approval to Purchase 14 Replacement Paratransit Minivans (Amerivans) for Redi-Wheels Service Through State of California Contract
George Cameron, Chief Administrative Officer, reported that the minivans will be purchased from Creative Bus Sales through the Department of General Services of the State of California's competitively bid contract. The total cost is $584,394. The new minivans will replace 14 of the District's Redi-Wheels 1999-2001 Rincon paratransit minivans.

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

Actions Relative to Organizational, Staffing, and Cost Saving Measures
General Manager/CEO Michael Scanlon reported that the proposed actions involve reduction in force and transfers of personnel affecting a total of 60 positions. Also for Board consideration is the corresponding enhanced severance package for employees who may be leaving their employment.

He stated that this is the first time for this process in the history of the District. The root of the problem is the prolonged period of the economic downturn. The District has been trying to do everything it could to avoid personnel cutbacks and service reductions. With the current ridership figures on both SamTrans and Caltrain, the District simply cannot continue the way it is. At the Board meeting in June, staff will recommend some service adjustments, including the elimination of four routes where staff believes there are good alternatives that can be made available. The personnel matters were discussed with administrative staff in a meeting held this morning. It was also discussed with representatives of the Amalgamated Transit Union on behalf of those employees represented by the union. Mr. Scanlon referred to the staff report suggesting the elimination of 18 filled positions that management believes the District can do without. Twenty-nine vacant positions are recommended for elimination. Thirteen positions will be transferred to alternative funding sources. He noted that the elimination of positions was function-based, conducted in consultation with legal counsel. Analysis of positions remained confidential until it was apparent that a reduction was necessary. Mr. Scanlon emphasized that the action had no connection with the BART Comprehensive Agreement but was based solely on a sharp downturn in ridership and resulting fare revenues.

To minimize the reduction in force, Mr. Scanlon noted seven open positions, to which the 18 affected employees may feel qualified to apply.

He recommended approval of the proposed personnel actions including the severance package that will aid the employees who are leaving, during their transition.

Director Harris commented that laying off employees is not an easy thing to do. However, she was very pleased to see the enhanced separation package that would give employees who would be laid off, something to tide them over. She found it to be a very fair package.

Director Hill thanked Mr. Scanlon for his sensitivity and efforts to retain the workforce for the past several months in the face of deteriorating economic conditions. He felt that it required a great amount of fortitude on the part of Mr. Scanlon to make this decision. However, there is no other choice. Director Hill, with reluctance, supported Mr. Scanlon's recommendation.

Director Teglia, in a very sensitive way, concurred with the comments of Directors Harris and Hill. He moved the passage by the Board of the proposed actions.

Director Hartnett believed that there had been special efforts to avoid this personnel movement. This is, however, not unique in transportation agencies. He stated that Redwood City will also be laying off a significant number of people this coming fiscal year. Same situations have occurred up and down the Peninsula. This has been avoided for as long as it could but time has unfortunately come.

A speaker card was received from Kathleen Holt, Project Manager for Rail Operations. However, she departed from the meeting room and did not respond despite being called twice to speak.

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

Adjourned: 2:45 p.m.

LEGISLATIVE COMMITTEE
COMMITTEE OF THE WHOLE

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

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

Other Board Members Absent: Michael Guingona, Michael Nevin

All Committee members were present, Director Hartnett called the meeting to order at 2:45 p.m.

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

Support in Concept of Senate Bill (SB) 1614 [Torlakson] and Assembly Bill (AB) 2847 [Oropeza] - Imposing Per Gallon Fees on Sales of Motor Vehicle Fuel
Ian McAvoy, Chief Development Officer, reported that these bills are still in a draft format. SB 1614 proposes an increase of $0.10 in gas tax while AB 2847 proposes $0.05. Revenues will be made available to transportation projects. Mr. McAvoy noted that reading the language of the bills more closely, they are predominantly focused on local streets and roads which they call Air-Quality Mitigation. Mr. McAvoy pointed out the following concerns: as currently authored, neither of those bills would allow funds to be used for transit expenditures which staff hopes to change as they go through the process. Also, the money would apply to diesel fuel that would adversely impact the District's transit budgets. Further, the air quality stipend has been made available disproportionately, disqualifying the Bay Area from its benefits. The good news is that the authors of those bills, however, have indicated their willingness to work with transit properties in addressing amendments that deal with transit needs and geographical equities.

In view of the foregoing issues, Mr. McAvoy switched the requested action from Board support in concept of the bills to a "watch" position. Staff will keep a close watch of the progress and advocate in Sacramento to make sure that the interests of transit properties are protected.

Director Hartnett clarified that the watch position does not call for a motion from the Board. No objection was raised to the observation.

Director Hill commented that considering the current poor economic situation and its adverse effects to businesses and employees, if the increase of $0.10 on gas tax would not generate direct benefits to transit agencies, he sees no reason why this Board should support the bills. He supported staff's position to watch the developments on these bills.

Director Teglia likewise expressed conformity with staff's watch position.

Support for Assembly Constitutional Amendments (ACAs) 21 [Bogh] and 24 [Dutra] - Imposing Conditions for the Legislature to Suspend or Borrow Transportation Funds Provided Under Proposition 42 that Dedicates State Sales Tax Revenues from Gasoline Sales to Transportation Purposes
Mr. McAvoy discussed Assembly Constitutional Amendments (ACAs) 21 and 24. Both bills will amend Proposition 42, the measure that was approved by the voters in 2002 that would have provided additional $1 billion annually for transportation needs. In view of the ongoing budget crisis, the proposition was suspended last year. There is again a proposal to suspend it this year. Right now, the suspension requires 2/3 vote of both the House and the Legislature. ACA 21 would make it more difficult for the Legislature to suspend the proposition by changing the requirement from 2/3 to 4/5. On the other hand, ACA 24 leaves the suspension requirement unchanged but would provide that any loans from Proposition 42 to the General Funds will have to be paid with interests within three fiscal years.

The purpose of the bills being consistent with the District's adopted 2004 Legislative Program, Mr. McAvoy, on behalf of staff, proposed that the Legislative Committee recommend Board support.

The Committee (Lloyd/Harris) unanimously recommended Board support as requested.

Verbal Update on State Legislative Program
Mr. McAvoy advised that the governor may release the revised budget next month. As soon as it is released, staff will give a thorough report on its impacts on transit in general, particularly in San Mateo County.

Director Hartnett inquired into the status of the Worker's Compensation bill. Mr. McAvoy responded he does not know, considering that there have been lots of movements on this item recently.

Mr. Scanlon noted that he had talked with Senator Speier yesterday. Although she did not give specifics, she remained optimistic that she could resolve some improvements.

Verbal Update on Federal Legislative Program
Mr. McAvoy indicated that the House of Representatives passed a $275 billion reauthorization measure named TEA-LU. The bill preserves the structure of the Federal Transit Program and provides $51 billion for transit. The House Transportation Committee originally proposed a $375 billion program. It was opposed because it was tied with the increase in gas tax. There is a threat of a veto from the White House mainly because they support the lesser amount of $256 billion. Inasmuch as the bill passed with an overwhelming majority in the House, Congress may allow it to become a law.

The current extension of TEA21 expires on April 30. The Senate has been making statements that they may not grant any more extension. This bill contains earmarks for San Mateo County such as highway improvements as well as some safety and security related projects for SamTrans. Staff will continue working on funding of those programs.

Staff is working very closely on the Lease/Leaseback program. There is a group of House Republicans that questions the integrity of the bill. Mr. McAvoy stated that it is too soon in the process to know what would be the outcome.

Director Lloyd inquired about the status of Regional Measure (RM) 2. Mr. McAvoy responded that the Metropolitan Transportation Commission (MTC) called for lists of projects to make sure that all requests for funding for fiscal year 2005 are in. There have been some discussions about the Dumbarton Rail Corridor. Staff is working on the determination of the potential impact of the RM2 Program on the ongoing Environmental process that is being administered by the High Speed Authority.

Director Lloyd questioned the newspaper article suggesting that Federal funding would be held back for lack of clearance on the use of toll money for transit projects. Mr. McAvoy agreed that there has been disagreements on the use of the proceeds of RM2 for operations. He expected that this would be resolved by the end of the session.

Adjourned: 3:04 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: John Barbour, Shirley Harris, Jim Hartnett, Al Teglia

Other Board Members Absent: Michael Guingona, Michael Nevin

All members were present. Director Lloyd called the meeting to order at 3:04 p.m.

Approval of Minutes of Planning and Development Committee Meeting of March 11, 2004
The Committee (Hill/Hartnett) unanimously approved the minutes.

Authorization to Set a Public Hearing on June 9, 2004 to Solicit Public Comments on the Proposed FY 2005 Bus Service Modifications to Become Effective August 22, 2004
Chuck Harvey, Chief Operating Officer, reported that staff put together a series of recommendations that are considered in the budget planning process for fiscal year 2005. The date requested is for the actual public hearing. Prior to this, staff will conduct some outreach and education effort in the community. Staff will work out the timing and schedules of the meetings to allow time between the public testimony, and time for staff to provide some feedback before the Board takes action. The Board will be asked to adopt the changes at the following meeting which will be in July.

He indicated that Attachment A of the staff report contains the proposed adjustments. The service frequencies are based on actual ridership information. He pointed to Route 261 which runs in San Carlos that is competing with S.C.O.O.T., a local bus service that offers free ride. In a meeting that was held recently, San Carlos officials were very supportive of staff's decision to work with them to let them extend S.C.O.O.T. and for SamTrans to withdraw full-size buses from the area. Also, Route 15 has a handful of riders. The District uses a lot of Section 5311 transportation money for the provision of transportation for those people who do not qualify for Redi-Wheels service. Staff is working with the Coastside Opportunity Center (COC) to make sure that they provide an alternate way for riders to be transported everyday. Mr. Harvey, likewise, brought to the attention of the Board, late night routes that are listed on probationary status. These are called lifeline owl service. Not a lot of people are riding at 3 o'clock in the morning. However, it is essential for the really transit dependent people. The District receives a substantial stipend from the San Francisco Airport (SFO) to operate that service. They have indicated verbally that they intend to continue to do this. At the coming public hearing, staff expects the Board to advise that as long as SFO contributes, the service will continue. However, if they do not, the District will take that service out because SamTrans cannot fund it 100 percent.

Director Lloyd noticed that most of the adjustments are headway adjustments. Mr. Harvey answered in the positive.

The Committee (Teglia/Hartnett) unanimously recommended Board approval to set the public hearing as proposed.

Adjourned: 3:07 p.m.

SAN MATEO COUNTY TRANSIT DISTRICT
BOARD OF DIRECTORS

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

Board Members Absent: Michael Guingona, Michael Nevin

In the absence of Chair Nevin, Vice Chair Hill presided over the meeting. He called the meeting to order at 3:07 p.m.

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

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

PUBLIC COMMENT: None at this time.

REPORT OF THE CHAIR
Vice Chair Hill reported that Jeff Carter, Citizens Advisory Committee (CAC) member, is not here today. The Board of Directors has a Certificate of Appreciation to present to him for his service provided to the CAC over many years. As he is a great asset, the Board prefers that he personally receives the certificate. This item will be carried over to the meeting for next month.

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

Relative to the Measure A reauthorization, the Planning and Operations Committee of the Metropolitan Transportation Commission met and reviewed the Expenditure Plan and approved it. They complimented staff for arriving at a balanced plan. The Transportation Authority continues to move forward on the reauthorization of the measure.
The District entered into a very creative partnership with La Honda Pescadero School District. For a very nominal annual fee of $40,000, they are providing service by using the mini buses provided by SamTrans. Several groups of parents and children are very appreciative of the service.
The ridership to the elephant seals is up from that of last year by 4.3 percent or some 800 people.
Howard Goode, has retired as Chief Development Officer. He is now the Deputy Executive Director for the San Mateo County Transportation Authority (TA). His retirement will take effect end of the calendar year. Meanwhile, he will continue his involvement in the Measure A reauthorization, the CTX Construction Project, and the BART/SamTrans coordination. Mr. Scanlon accounted Mr. Goode's leadership on the numerous improvements that are visible in San Mateo County. Mr. Scanlon further announced that Ian McAvoy is taking over the position and duties of Chief Development Officer. Mr. McAvoy gained substantial training while working under Mr. Goode as Deputy Chief of Development. He is well positioned to take over the big responsibility.

Vice Chair Hill commented that Mr. Goode is such a gentleman with wisdom and knowledge about transportation, that when he is asked about an issue, he always comes up with a balanced and an appropriate answer, and a plan to make something happen. Director Hill thanked Mr. Goode for his contributions in making San Mateo County transit-friendly.

Director Hartnett added that during his term as Chair or Vice Chair of C/CAG, Mr. Goode was always there. He had always acted with a great degree of class. He was quiet, professional and effective. He was so calm and carried himself so well. The county was better off having his service.

COMMUNITY RELATIONS COMMITTEE
Resolution
The Board (Harris/Teglia) unanimously adopted the following resolution:

Resolution No. 2004-9: Adopting Revised Guidelines for Inspection of Public Records

Motion
The Board (Harris/Hershman) unanimously approved the appointment of the following to the Citizens Advisory Committee, as proposed by the Committee:

Community Riders - Catherine Barber, Andy Chow, Maureen Hall
Bus Riders - Pamela Hitchcock, Kim Nobles, Jonathan Robbins
Multimodal Riders - Roseanne Torre

Subjects Discussed
Director Harris reported that the Committee discussed the following reports:

PCC, AL-Com and ATAC Reports
Citizens Advisory Committee Liaison Report
BART Performance Report
Multimodal Ridership Report, February 2004

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

Resolution No. 2004-10: Approval of Purchase of 14 Replacement Paratransit Minivans (Amerivans) for Redi-Wheels Service Through State of California Contract
Resolution No. 2004-11: Actions Relative to Organizational, Staffing and Cost Saving Measures.

LEGISLATIVE COMMITTEE

Support in Concept of Senate Bill (SB) 1614 [Torlakson] and Assembly Bill (AB) 2847 [Oropeza] - Imposing Per Gallon Fees on Sales of Motor Vehicle Fuel:

Director Hartnett stated that the Committee has changed these two bills from a
"Support in Concept" to a "Watch" item.

Motion

Support for Assembly Constitutional Amendments (ACAs) 21 [Bogh] and 24 [Dutra] - Imposing Conditions for the Legislature to Suspend or Borrow Transportation Funds Provided Under Proposition 42 that Dedicates State Sales Tax Revenues from Gasoline Sales to Transportation Purposes.

The Board (Hartnett/Lloyd) unanimously supported ACAs 21 and 24.

Subjects Discussed
Director Hartnett reported that the Committee received updates on the State and Federal legislations.

PLANNING AND DEVELOPMENT COMMITTEE
Motion

Authorization to Set a Public Hearing on June 9, 2004 to Solicit Public Comments on the Proposed FY 2005 Bus Service Modifications to Become Effective August 22, 2004

The Board (Lloyd/Hartnett) unanimously approved the setting of public hearing on June 9, 2004.

WRITTEN COMMUNICATIONS TO THE BOARD: Distributed to the Board members in their reading folder.

BOARD MEMBER REQUESTS: None at this time.

DATE AND TIME OF NEXT MEETING: May 12, 2004 at 2 p.m., SamTrans Administrative Office, 1250 San Carlos Avenue, San Carlos, California

GENERAL COUNSEL PROPOSAL
Legal Counsel David Miller stated for the record that the purpose of the closed session is to discuss a matter involving significant exposure to litigation. The item relates to dealing with the pending mediation and the issues involving BART.

THE BOARD ADJOURNED INTO CLOSED SESSION AT 3:22 P.M. AND RECONVENED IN OPEN SESSION AT 4:20 P.M.

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

Attorney Miller reported that the Board met in closed session as permitted by the Brown Act to discuss ongoing negotiations with BART under the mediated auspices of the Metropolitan Transportation Commission. The General Manager/CEO and Legal Counsel provided an update on the discussions and advised that this matter will be placed on the agenda of the next meeting of the Board for further updates and possible action.

Adjourned: 4:21 p.m.