BOARD MEMBERS PRESENT: Michael Nevin-Chair, John McLemore-Vice Chair (arrived 10:12 a.m.), Maria Ayerdi, Michael Burns, Mary Janney, Arthur Lloyd, Manuel Valerio, Kenneth Yeager (arrived 10:17 a.m.)

OTHERS PRESENT Sue Lempert (MTC Liaison)

STAFF PRESENT: Michael Scanlon, David Miller, George Cameron, Roger Contreras, Jim Gallagher, Howard Goode, Chuck Harvey, Rita Haskin, Aurora Jose, Gary Lambert, Martha Martinez, Liz Wiecha

Chair Nevin called the meeting to order at 10:05 a.m. Howard Goode, Chief Development Officer, led the pledge of allegiance to the flag.

SWEARING IN OF MARY JANNEY

Mary Janney was sworn into office by board secretary, Aurora Jose. Chair Nevin introduced Director Janney as a very gracious and talented lady. She serves as member of the SamTrans Board and as Councilwoman of the City of Burlingame. She has been associated with the county, city, and regional governments for many years. Chair Nevin described Ms. Janney as a great leader and a great person, and wished her well in her new post.

Chair Nevin announced that the term of Ms. Sophie Maxwell has expired. The San Francisco Board of Supervisors needs to appoint or reappoint a representative to the Caltrain Board.

PUBLIC COMMENT

Ann Seeman, Visitacion Valley Greenway Project, stated her group addresses open space, environmental and aesthetic issues. She read the group's proposed resolution pertaining to the Caltrain overpass at the Bayshore Station indicating the community's dissatisfaction with the design to the extent that it was reviewed. She requested that the JPB adopt the design identified by the San Francisco Visitacion Valley community and pass the proposed resolution.

Fran Martin, Chair of Visitacion Valley Planning, stated the residents of her community are greatly dissatisfied by the planning process of the proposed overpass, as well as with the design itself. She requested the Board to accept their resolution to correct the deficiencies of the overpass. She also presented a petition signed by 200 residents, gathered in less than four hours.

Geri Ehle, a resident of Visitacion Valley, expressed her concern with the design review process. She also contended that the design does not fit in with the vision that the residents have for this overpass. She requested that the residents be allowed to provide some input.

Executive Director Michael Scanlon remarked that the issue had been discussed at last month's JPB meeting, and that staff subsequently met with the community group and Brisbane officials. He identified these issues:

1. Brisbane, which has approved the design, would need to accept a compromise version;
2. The proposed alternative design is estimated to cost $750,000 to $1,000,000 more than the $2 million budget, and would not fit into the available platform area;
3. Final design must coordinate with the North CTX project schedule.

Jeff Carter, Burlingame, welcomed Director Janney to the Board. He also complimented staff, specifically Janet McGovern, for the "Train for Tots." It was very nicely done and the event was well attended. He also noted the announcements on schedule changes to accommodate the opening of the Millbrae BART Station. He would like to see it posted on the internet. He wondered why newspaper racks were removed from the stations. There are local papers that provide very good articles regarding Caltrain.

CONSENT CALENDAR

The Board unanimously approved by motion:

1. Adoption of Minutes of October 31, 2002 meeting.
2. Statement of Revenue and Expense, October 2002

1. Resolution No. 2002-35: Authorizing an Amendment to the Fiscal Year 2003 Operating Budget in the Amount of $75,000
2. Resolution No. 2002-36: Authorizing (1) the Execution of a Cooperative Agreement with the Santa Clara Valley Transportation Authority for Funding, Design and Construction of the Lawrence Caltrain Station, and (2) an Amendment to the Fiscal Year 2003 Capital Budget in the Amount of $1,888,300 for a New Total of $87,046,668
3. Resolution No. 2002-37: Authorizing the Filing of Applications for Fiscal Year 2003 with the U.S. Department of Transportation, Federal Transit Administration, for a Section 5307 Capital Grant in the Amount of $15,353,741 and for a Section 5309 Capital Grant in the Amount of $33,856,925 and the Execution of Grant Agreements Required to Receive the Grants

CHAIRPERSON'S REPORT

Selection of Nominating Committee - Chair Nevin requested the Board members from San Francisco and Santa Clara County to pick their representatives for the Nominating Committee and notify him, Martha Martinez or Aurora Jose. The Nominating Committee will meet to propose the Board officers for next year.

MTC LIAISON REPORT

Ms. Sue Lempert reported that she is waiting for the breakdown on the Governor's budget cut. She is not sure how it will affect Caltrain. However, Senator Speier indicated that Baby Bullet funding appears to remain intact.

REPORT OF CITIZENS ADVISORY COMMITTEE (CAC)

There was not a representative present to make a report.

REPORT OF THE EXECUTIVE DIRECTOR, MICHAEL J. SCANLON:

1. Welcomed Director Mary Janney.
2. Caltrain collected approximately 6,000 toy donations for "Toys for Tots". He thanked JPB's partners on this project - the United States Marines, the Salvation Army and the Golden Gate Railroad Museum. A videotape of Channel 2's newscast was presented, featuring the decorated and lighted train. Mr. Scanlon recognized the sponsors of the event - Microsoft, Herzog, Amtrak, Evergreen and Ernst Development, that contributed labor, lumber and money. He also thanked Jennifer Byrd, Mic Dunmore of the Salvation Army and Mike Mangini, Ray Brown, Cris Hart, Ross Peterson, and Dave Varley of the Golden Gate Railroad Museum. Rita Haskin, Chief Communications Officer, recognized Pat Boland, Marketing Manager (Frosty the Snowman); Jerry Willard, Transit Management Analyst (Rudolph the Red-Nosed Reindeer), especially Janet McGovern, Public Information Specialist, the "mother of the event."
3. October ridership is better than last month. The decline is slowing. Average weekday ridership in October was 28,200, off by 12.6 percent compared from 32,200 last October. Total revenue was $1.8 million, off by 11.4 percent from the $2 million last October. On-Time Performance continues to be very good at 95.3 percent. This does not include the weekend service because of the Caltrain shutdown. Caltrain shuttles were slightly over 4,000 in ridership, off just 3 percent from 4,170 of last year.
4. All of the three JPB partners continue to suffer from the serious reductions in sales tax.
5. The Legislature will have a special meeting in Sacramento on January 9 and 10. Responsibilities will be shifting to the California Transportation Commission (CTC). In the short term, transportation funding through the CTC may not be seriously impacted, but long term it looked ominous. Baby Bullet is okay and will continue to move along this line. The contract for CTX is okay to award.
6. Referred the Board to the Safety and Security Report that was distributed.
7. The Board will be asked to authorize a pilot pass program with Stanford University to put more people on Caltrain. This program will be revenue neutral. Eco Pass will not continue because of the economic situation.
8. Congratulated Amtrak staff for being able to keep the Caltrain service running despite the recent power outages and downed trees caused by bad weather on November 7 and 8.
9. On November 8, Caltrain carried 5,400 extra trips for the Rolling Stones revival.
10. On December 25 and January 1, staff will be offering holiday schedules with 20 trips per day. However, on December 31, there will be a regular weekday schedule with extra service on New Year's Eve because of a college bowl game at Pacific Bell Park, in addition to the fireworks along the Embarcadero.
11. Three public meetings will be held for the schedule changes that will be put in place once BART announces its starting date of service. These changes are necessary to provide a good transfer point at Millbrae between Caltrain and BART.

AWARD OF SOUTH CTX CONSTRUCTION CONTRACT

Liz Wiecha, Director of Capital Projects Management, briefly reviewed the scope of the South CTX project. She stated this construction contract includes completion of the centralized traffic control (CTC) system from Menlo Park to Santa Clara, completing the CTC on the Caltrain corridor. It also includes the construction of passing tracks for the Baby Bullet express service in Sunnyvale from north of North Fair Oaks to Bowers Avenue. In addition, a grade separated pedestrian access across the four-track section of the Caltrain right of way will be constructed at Lawrence Station, together with considerable track rehabilitation work. The JPB also has included a unilateral bid option for replacement of jointed rail from Atherton to Palo Alto.

Upon completion of design for the South CTX contract, the contract was advertised for bids in August of this year. A pre-bid meeting and a trip through the project area was held with the contracting industry on September 21 and was well attended by a number of representatives from the rail construction industry. There were 55 plan holders for this contract.

The bid opening was held on November 16, 2002 and three bids were received. The low bidder was identified as Marta Metroplex. Upon further review of the bids, it became apparent that the low bidder made a mistake but was determined to be eligible for relief without penalty. Ms. Wiecha advised that staff is recommending award of the South CTX contract to the second low bidder, Herzog Contracting Corporation/Stacey Witbeck joint venture, that was determined to be the low, responsible and responsive bidder. The total base bid price is $39.52 million and the unilateral option, which will be exercised sometime in 2003, is $9.425 million.

The Board, by roll call, unanimously approved the award of the contract and passed the following resolution:
Resolution No. 2002-38: Relieving Marta Metroplex, a Joint Venture, from its Bid Due to a Bid Mistake and Authorizing Award of Contract to Herzog Contracting Corporation/Stacey & Witbeck, Inc. Constructors, (HCC/S&WI), a Joint Venture for the South CTX Project at a Total Cost of $39,520,853 with a Unilateral Option for Additional Track Rehabilitation Work in the Amount of $9,424,900.

General Counsel David Miller, for the record, informed that staff took the request for relief from a bid with great seriousness. In dealing with public contracts, there is a legal obligation to maintain the integrity of the bid process itself and a request to be relieved from a bid is not taken for granted. Over the past few weeks, Marta Metroplex was requested to identify with specificity the bases for the claim of mistake and to submit sworn affidavits concerning it. Due diligence was used by staff in reviewing the relief of bid. In this case, what was claimed was a clerical error in the transmission of bid documents and bid estimates, which under the law would excuse a bidder from honoring its bid if verified.

APPROVAL OF BICYCLE/SKATEBOARD PARKING AND USE REGULATIONS TO PARKING LOTS AND OTHER PROPERTIES OPEN TO PUBLIC USE

Gary Lambert, Manager, Risk Management, reported staff previously brought for Board action the Vehicle Parking Regulations for Caltrain stations and property. This is a companion article. JPB has the power to enforce regulations. A resolution is necessary for its enforcement.

The Board, by roll call, unanimously approved Resolution No. 2002-39: Adopting Regulations Applicable to Bicycle Parking and Use of Bicycles, Skatebords, Scooters, Roller Skates and Roller Blades on PCJPB Property, as Authorized by the California Vehicle Code

AUTHORIZATION FOR CALTRAIN TO PARTICIPATE IN A PILOT UNIVERSITY PASS PROGRAM WITH STANFORD UNIVERSITY FOR CALENDAR YEAR 2003

Rita Haskin, Chief Communications Officer, reported staff worked with Stanford and came up with an amount to reimburse the JPB essentially for all the rides that the current riders would have paid for had there been no program. This item is revenue neutral. If the Board passes this item, the program will start on January 1. All faculty and full-time staff from Stanford will be allowed to participate.

Chair Nevin asked if in the future some of the larger employers could engage in a similar arrangement. Ms. Haskin responded that at this time this is a pilot program. To be able to participate, the JPB needs baseline data of how much the cost will be for which the JPB should be reimbursed. The goal is to bring in as much money as possible to be able to continue providing the service.

Mr. Scanlon added when the negotiation regarding continuance of the Eco Pass Program failed, Stanford University contacted JPB staff and proposed this program. He commended Rita Haskin and Michelle Bouchard, Senior Planner, who, through hard work and with the available data provided by Stanford, were able to put this deal together. He advised that anytime there is any major employer who would like to partner with the JPB, where JPB could derive some benefits and the employer could give employees some benefits and encourage them to use public transit, they can come to the negotiation table.

Chair Nevin remarked this program will help maintain clean air and is a plus for employees.

Director Burns asked about the fare instrument and the terms of auditing. Ms. Haskin responded it is a sticker reading "University Pass" on the back of the Stanford ID. Staff has the ability to go to Stanford and audit during the year, and because they are buying one year in advance, payment should be on January 2, 2003.

Director Valerio remarked he is aware that a lot of people will be deeply disappointed that the VTA Caltrain Eco Pass will be discontinued. He inquired about the matter of revenue neutrality.

Ms. Haskin stated it would be different for each agency but what is important is to have a baseline to be able to calculate the annual cost and that is the amount that the agency should be reimbursed.

Director Yeager asked about the timeline when other companies could get involved in the program and if there is plan to involve the students. Ms. Haskin answered since this is a pilot program, staff will work with Stanford initially and then if others are interested, staff would work with them. Again, the employers must provide the baseline information - the amount which the JPB would ask reimbursement from the company. Stanford is looking at bringing in the medical center and the hospital, which would mean approximately an additional income of $200,000. Then, they will look at how they could involve the students.

The Board, by roll call, unanimously approved Resolution 2002-40: Authorization to Participate in a Pilot University Pass Program with Stanford University for Calendar Year 2003.

REPORT OF LEGAL COUNSEL

No report at this time.

CORRESPONDENCE

Distributed to the Board.

DATE/TIME OF NEXT MEETING: Thursday, January 9, 2003, 10 a.m. at 1250 San Carlos Avenue, San Carlos, CA.

ADJOURNED: 11:06 a.m.