MEMBERS PRESENT: John McLemore (Vice Chair), Maria Ayerdi, Michael Burns, Arthur Lloyd, Manuel Valerio, Ken Yeager, Sue Lempert (MTC Liaison)

MEMBERS ABSENT: Sophie Maxwell, Michael Nevin (Chair), Steve Schmidt

STAFF PRESENT: Michael Scanlon, David Miller, George Cameron, Roger Contreras, Steve Frew, Jim Gallagher, Howard Goode, Rita Haskin, Aurora Jose, Jerry Kirzner, Martha Martinez

Chair Nevin called the meeting to order at 10:09 a.m. Amtrak Police Officer Jim Martino led the pledge of allegiance to the flag.

Chair Nevin was absent. Vice Chair McLemore presided over and called the meeting to order at 10:08 a.m. He led the pledge of allegiance to the flag. The Board welcomed Ms. Martha Martinez, who is back from maternity leave.

PUBLIC COMMENT

Vaughn Wolffe, RailPac, urged the Board not to delay the Caltrain Electrification and Improvement Project because any delay inflates the cost. Caltrain should get consideration ahead of BART because it has been sitting on the sidelines for 10 to 11 years. He stated a dual electrified track for Caltrain with a few passing tracks would suffice and provide more service than BART could provide. Additional upgrades like building platforms to accommodate 8-car trains cannot be done without horrendous cost. This kind of thing should be done when the opportunity presents itself. He also stated, RailPac will oppose any legislation increasing taxes in San Mateo County.

Jim Kelly, San Bruno, sought assistance from the Board to resolve the issue of moving the Caltrain station in San Bruno to Sylvan Avenue where the residents of San Bruno want it. He asked the Board to agendize this matter.

Richard Mylnarik, San Francisco, pointed out that the clocks of the two ticket vending machines at 22nd Street are often off by 10 minutes and are not synchronized.

Ed De Lanoy, San Carlos, discussed international events as they pertain to Caltrain, and again discussed the weekend shutdown.

Paul Wendt, Belmont, stated on-time performance of Caltrain is not 97 percent. He always catches the train at Belmont or San Carlos midline, at least 10 minutes late. He questioned if Executive Director Mike Scanlon's monthly report reflects only the end-point (San Francisco or San Jose) or actually taken mid-way. Director Lloyd commented he rides the train frequently and finds it generally on time. However, when a "passenger needing assistance" boards using the wheelchair lift, the boarding takes about four minutes. When the train gets late, that is the possible reason. However, there is recovery time on either end so that the train really does go in on time. Mr. Scanlon responded he does point it out each month that the number is an end-to-end report. Also, the on-time window is five minutes and that is the standard for on-time performance. He also pointed out that the two previous reports did not have the weekend numbers because of the weekend shutdown.

CONSENT CALENDAR

There being no questions, the Board, by roll call, unanimously approved the following items under the Consent Calendar:

• Adoption of Minutes of September 5, 2002.
• Statement of Revenue and Expense, August 2002.
• Resolution No. 2002-29: Amendment to Increase the FY 2003 Capital Budget in the Amount of $1,223,034 for New Total Budget of $85,158,368

CHAIRPERSON'S REPORT

Chair Nevin was absent - no report.

MTC LIAISON REPORT

Ms. Sue Lempert, MTC Liaison, reported on Friday, November 8, there will be a public hearing at the MTC Headquarters in Oakland, on the Amendment to the 2001 Regional Transportation Plan relative to a Court case that requires MTC to increase ridership by 16 percent. It will be held in the MTC Headquarters in Oakland. She invited anyone who is interested and who wishes to testify to come. She also stated in their last Commission meeting, Senator Perata talked about his plan to increase the bridge tolls to $3. There was very vigorous discussion on this item. Mr. Perata felt there should to be a nexus between the people paying the toll and the transit that would serve it. Among the items in his wish list are the Dumbarton Rail and Transbay Terminal. The ferry people presented their Water Transit Plan. People from the East Bay were very eager about the BART extension. They wanted to have a broader definition of what is to be included in the toll.

Director Burns inquired if there was any formal action taken by the MTC on the Perata bill. Ms. Lempert answered there was a staff report where the MTC will implement the original guidelines. The Commission decided to narrow down the plan.

REPORT OF CITIZENS ADVISORY COMMITTEE (CAC)

Bruce Balshone reported that two weeks ago, the Bay Rail Alliance met and presented their presentation with the High-Speed Rail Authority on High-Speed Rail for the Bay Area, its connections through San Jose, through Santa Clara and up to San Francisco. He also noted that last Friday, the Transbay Terminal EIR was released and assumes that it is ready for circulation. The CAC will hold their November meeting in San Francisco and December in Santa Clara. Staff made the CTX presentation to the CAC last month.

REPORT OF THE EXECUTIVE DIRECTOR

Executive Director Michael Scanlon, before giving his report, requested Board approval to add an item to the agenda. General Counsel David Miller stated this matter arose subsequent to the posting of the agenda. The Brown Act allows the addition if immediate Board action is needed. The matter involves the acquisition of slope easement from a property owner. Acquisition is needed to keep the North CTX construction going and to avoid construction claims. The issue will be discussed in closed session. He requested addition to the agenda for closed session discussion the matter of entering into a slope easement agreement with Universal Paragon Corporation pursuant to Government Code Section 54954.2(b)2.

The Board unanimously approved adding the item to the agenda.

Mr. Scanlon gave the following report:

• There was a fatality this morning on the railroad, the fourth this year. In Palo Alto, a male person launched himself in front of the northbound Train 43. That train and a southbound one were delayed an hour and 25 minutes. Full investigation is going on and Caltrain security and operations staff will be meeting with the Palo Alto Police and the Santa Clara Coroner to discuss the matter of expediting the restoration of service when a similar incident occurs in the future.
• Ridership Report: Average weekday ridership was off 16.8 percent in August, the second month since the fare increase. Slow economy, unemployment and the recent reduction of service from 80 to 76 trains contributed to this decrease in ridership. Shuttle ridership is down only 3.9 percent. This is because shuttles are reinvested to areas where they could be of better use.
• Baseball ridership on weekend substitute buses is 25 percent of previous rail ridership. Due to the Caltrain weekend service shutdown, baseball fans prefer to drive rather than take the bus substitute service, although the latter is working very well.
• Service will be provided on October 14 when the Giants host the St. Louis Cardinals.
• The bill on High Speed Rail was passed by the Legislature and signed by the Governor. It will be on the Ballot in 2004. Only the vote of a simple majority is needed.
• Fuel prices went up last month and now have gone down a little bit.
• The issue of using remote control locomotives has been resolved satisfactorily.
• CTX construction is going very well.
• He invited the Board to read the Monthly Safety and Security Report.
• On September 11, staff put up flag decals on all rail cars and observed a minute of silence in honor of those who lost their lives on this date last year.
• There will be a regional drill of emergency preparedness on October 17 using the Amtrak Emergency Operations Center.
• Staff will be working on the San Jose Arena Parking Agreement and will be preparing for the start up of the Sharks season.
• Santa Clara County Tower dedication is on October 12.
• Caltrain is now running additional five-car consist to resolve overcrowding.
• Staff will be doing "Tricks or Tracks" where Caltrain law enforcement officers and staff will be out rewarding kids who cross the tracks safely, with reflective safety bags, stickers, and backpack pulls.
• Staff also will carry the theme of "Communities in Motion Day" in October for the full month instead of a day, for both Caltrain and SamTrans. "Mobility Access and Freedom" which is the theme of the Public Transportation Partnership for Tomorrow (PT2) will start.
• The Holiday Train will run on November 30 and December 1 in cooperation with the Marine Corps. It will be pulled by the Southern Pacific steam locomotive.
• A copy of the Environmental Impact Statement and the Draft Environmental Impact Report for the Transbay Terminal has been released. Copy will be provided upon request. There will be two public hearings, one on Tuesday, November 12 at the Legislative Chambers of the San Francisco City Hall and one on Wednesday, November 13 in this auditorium. Director Ayerdi added the document is available on line under the Transbay Joint Powers Authority website. It can be accessed through www.sfgov.org/tjpa. The latest newsletter is also on the website and will be mailed out later this week. It is the environmental document not just for the Transbay Terminal but also the Caltrain Extension.
• New Rail Safety Video: Rita Haskin, Chief Communications Officer, presented the new safety video. She stated staff has been making presentations on safety to schools and community groups for many years. The video shown is the first one produced in-house. It will inform people of what Caltrain is doing to make its rail environment safer. Ms. Haskin noted that this videotape was produced in partnership with Amtrak. She credited Janet McGovern, Public Information Specialist, the Project Manager for the video production.

Director Yeager asked if this videotape would be shown in schools. Ms. Haskin informed that "Tricks or Tracks" is already an outreach to schools. This videotape is more appropriate for high school. It will also be taken to community groups like the Boy Scouts, Girl Scouts and YMCA. There will be a different one for elementary schools. Mr. Yeager suggested staff should contact city officials in the county to get a list of neighborhood associations. Also, he expressed interest in showing the tape to the VTA Board in one of its meetings.

Ms. Lempert said the film is great and it is important to show it to young people. Regarding the fatality report by Mr. Scanlon, she questioned how long is the delay when such an incident happens. She also asked if there has been any thought in getting legislative relief for what happens on the rail line. Director Lloyd advised that the Operation Lifesaver, of which he is a member, is trying to get legislation so that the train can be released as quickly as possible after an accident. Mr. Scanlon indicated that staff has recently reached a protocol with the San Mateo County Coroner where staff is now authorized to go in and get the trains released with Caltrain's own police and Deputy Sheriff. This morning's incident, however, was in Santa Clara and Palo Alto was first on the scene. They assumed command. After everything in this incident has been attended to, staff will work on something with Santa Clara and Palo Alto in order to minimize the delay.

Ms. Lempert further asked if there has been an analysis of how the weekend shutdown has impacted ridership and how much of not having weekend service is impacting the trend of the low ridership. Mr. Scanlon stated it could have a nominal effect. Someone who works six days a week, one of which could be Saturday or Sunday or both, will be impacted. It should not have a significant impact on the average weekday rider.

Director McLemore reported he spoke on behalf of Caltrain at the High-Speed Forum at San Jose State. He thanked staff for the materials sent to him. He likewise mentioned that the Tower dedication on October 12 is in the City of Santa Clara. Mr. McLemore, as a City Council Member from the City of Santa Clara, invited everybody to attend the event. He further mentioned Director Valerio's presentation about the future High Speed Rail and the potential of the Olympics.

Augmentation of the Grants Anticipation Program

Roger Contreras, Chief Financial Officer, reported this program is highly successful in providing the cash flow financing for capital programs. In 1999 and in 2000, the JPB authorized $222.5 million. Of that amount, $181 million has been issued. Staff is recommending that the initial authorization be augmented by $231 million for a total of $453.5 million. These funds will be used to cash flow finance Board approved capital improvements. This augmentation is necessary because it takes a while for Federal grants to be received from the time of filing the request. For the State, it takes about 30 to 45 days. In the meantime, vendors have to be paid on time. The notes are used to pay them until reimbursement is received from the Federal or the State. The notes will be structured as a line of credit but the total outstanding will not exceed $453.5 million at any one time. There is no cost for member agencies. The source of repayments is the grants. The proceeds from the notes are invested temporarily so that staff can defray the interest cost and the cost of issuance. After approval by his Board, staff will go to member agencies and request approval from them.

Director Burns sought assurance that the notes would not be issued for use beyond the Federal or State funding that staff is committed to receive. Mr. Contreras answered only those projects approved by the Board will be used for this program. Director Burns noted under the State TCRP Program there were some money that were authorized or earmarked that due to the change in economy, funds were not realized. Mr. Contreras stated that will not be the case.

The Board, by roll call, unanimously approved the following resolution:
Resolution No. 2002-30: Approving Augmentation of the Authority to Issue Notes Under the Grant Anticipation Notes Program from an Amount Not to Exceed $222.5 Million to an Amount Not to Exceed at any Time Outstanding, $453.5 million.

Amendment to the Union Pacific/Joint Powers Board Lick/Gilroy Trackage Rights Agreement to Facilitate Operation of a Fifth Train to and from Gilroy

Jerry Kirzner, Deputy Chief of Operations for Rail, reported approval of the action would allow the operations of a fifth train to and from Gilroy at a future date on a mutually agreed upon operating schedule with the Union Pacific Railroad. At the moment, the VTA is engaged in building a second track between a location of the railroad just south of Tamien to another location on the railroad called CP-Lick. VTA would be constructing a second track parallel to the existing single track. There would be no charges between the JPB and the UP. However, there would be a cost if the fifth train actually operates. Staff will work on this with their partners in terms of capital or operating costs that the fifth train would necessitate. All that staff is asking at this time is to authorize the Executive Director to enter into an amendment to the trackage rights with the UP to facilitate the operation of the fifth train.

Director Lloyd asked if this would be another rush hour train and what is the anticipated schedule. Mr. Kirzner answered this will be a rush hour train and schedule would have to be worked out. Double tracking would be provided all the way to Coyote. The design work is underway.

Director Burns inquired about the impact to the three member counties in terms of operating and capital costs. Attorney Miller advised that the current agreement is that Santa Clara pays for all capital costs. As a matter of practice, the operating costs have been shared. The premise of this report is that this action does not authorize implementation of the fifth train until any cost implications have been reviewed by the Board as part of the budget process. This will only get UP committed to allowing added service within the Board's jurisdiction and discretion without having to make additional capital investment in the corridor to satisfy their needs.

The Board, by roll call, unanimously approved the following resolution:
Resolution No. 2002-31: Authorize the Execution of an Amendment to the Union Pacific/Joint Powers Board Trackage Rights Agreement - Lick/Gilroy Line to Facilitate the Operation of a Fifth Train to and from Gilroy

Establishment and Standardization of Restrictions on Parking Lots and other JPB Properties Open to Public Use - CVC §21113

Steve Frew, Chief of Protective Services, noted that the resolution is required by the California Vehicle Code §21113 in order for the restrictions to be enforceable in Caltrain properties.

Richard Mylnarik commented the regulations are too broad and asked clarifications on some of the provisions. He questioned if the term "Caltrain station" includes parking lot.

Director McLemore questioned if the regulations are existing or they have been changed recently. Mr. Frew answered all the regulations are what have been in the past. It is just being put in one location so that it would be easy to find. He stated Penal Code §640 contains essentially the same regulations. The Vehicle Code simply requires codification or a resolution so that when a parking citation is received by a person, that he be able to ask for a copy of the resolution and the restrictions.

Mr. Scanlon stated that the main target of this action are the vehicles. He suggested severing the bicycle provisions from vehicles and bringing the bicycle provisions for the Board's consideration next time. He recommended that the Board pass the resolution to cover vehicles only. Staff will work with the bicycle group and take the item back for Board action at a future meeting.

The Board, by roll call, unanimously approved the following resolution:
Resolution No. 2002-32: Adopting Regulations Applicable to Vehicle Parking at PCJPB Parking Facilities, as Authorized by the California Vehicle Code.

Attorney Miller announced that as listed on the agenda for Brown Act purposes, two matters pending litigation and one real estate matter were scheduled for closed session.

• Closed Session: Conference with Legal Counsel - Closed Session Pursuant to Government Code Section 54956.9(a), Telefoni vs. Peninsula Corridor Joint Powers Board

  Attorney Miller stated the Board heard the report on this case. Instructions have been given to John Glenn Adjusters and special counsel relative to the disposition of this matter.

• Closed Session: Conference with Legal Counsel - Anticipated Litigation, Closed Session pursuant to Government Code Section 54956.9(c), One Potential Case

  Attorney Miller reported staff is seeking approval by motion to enter into a pipeline relocation agreement from SFPP, LP to facilitate the JPB's project to reconstruct the Colma Creek Railroad Bridge.

  The Board unanimously approved the recommendation.

• Closed Session: Real Estate Negotiations - Closed Session pursuant to Government Code Section 54956.8: Execution of Easement Agreement with Universal Paragon Corporation:

  Attorney Miller recommended authorization to execute a slope easement for the replacement of the soil that will be removed as part of the pending CTX Project and for reuse within the railroad grade subject to the understanding that appropriate and adequate liability protections are provided to the JPB as determined by staff and counsel.

  The Board unanimously approved the proposed action.