MEMBERS PRESENT: John McLemore (Chair), Maria Ayerdi (Vice Chair), Mary Janney, Arthur Lloyd, Sophie Maxwell (11:28), Manuel Valerio, Ken Yeager, Sue Lempert

MEMBERS ABSENT: Michael Burns, Michael Nevin

STAFF PRESENT: Michael Scanlon, Joan Cassman, Roger Contreras, Howard Goode, Chuck Harvey, Pat Boland, Martha Martinez, Jennifer Buhr, Cheryl Cavitt

Chair McLemore called the meeting to order at 10:16 a.m. After welcoming everyone to the HP Pavilion in the City of San Jose, he led the Pledge of Allegiance to the flag.

PUBLIC COMMENT

Jeff Carter commented in regard to the signage at the Millbrae Intermodal Station. Some travelers get confused on which platform is which because the moving signs have small print. Mr. Carter commended BART for the maps, which include amenities around the station and suggested that Caltrain do something similar at all stations. Lastly, people find BART, in comparison to Caltrain, an easy system to use because of the frequent headways.

Ed De Lanoy commented in regard to Caltrain as a Regional Rail Link. Mr. De Lanoy stated that the Caltrain System Map on the Caltrain website did not list BART connections in Millbrae and likewise, the BART website did not list connectivity with Caltrain at Millbrae. The Millbrae Station Map on the BART website shows a BART Station near, not at, a railroad Right-of-Way captioned "Southern Pacific." Regarding linkage with VTA, Mr. DeLanoy stated that at Mountain View, mid-day trains from San Francisco arrive two minutes after VTA Light Rail departs and at Tamien, VTA Light Rail arrives from Santa Teresa three minutes after Caltrain departs. Moreover, Caltrain skips two half-hour linkages mid-afternoon and offers no linkage in the middle of the evening rush hour or after 8:45p.m. Mr. DeLanoy urged the Board to fully support Regional Rail Link, including coordination with BART operations and website staffs.

CONSENT CALENDAR

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

1. Adoption of Minutes of July 3, 2003
2. Adoption of Statement of Revenue & Expenses, June 2003

CHAIRPERSON'S REPORT

Chair McLemore reported:

• APTA Transit Board Seminar in Baltimore was informative and successful. Shirley Harris, Art Lloyd and Martha Martinez were all in attendance.
• At the APTA conference Director Lloyd was elected as Secretary Treasurer of the Transit Board Committee.
• Director Lloyd appeared on Maryland public television speaking in regards to the Santa Fe Super Chiefs.
• The board unanimously approved reappointment of John Hronowski to the JPB Citizen's Advisory Committee (CAC).

MTC LIAISON REPORT (SUE LEMPERT)

Sue Lempert reported:

• At the last MTC meeting, the main discussion involved what is happening with transportation dollars and the impact on Caltrain projects. MTC has been working very hard to try to preserve as many projects as possible.

REPORT OF CITIZENS ADVISORY COMMITTEE

Michael Kiesling reported:

• Due to a power outage, the CAC did not have a meeting in July.

REPORT OF THE EXECUTIVE DIRECTOR

Michael J. Scanlon reported:

• Key Caltrain Performance Statistics:
1. Average Weekday Ridership for April was down 11 percent, from 31,873 riders to 28,281.
2. Year-to-Date Average Weekday Ridership is at 27,785, down from 31,521, a 12 percent difference.
3. Total Revenue was off 8 percent from $1.89 million to $1.74 million.
4. On-Time Performance off at 93.2 percent versus 96.3 percent from last June.
5. Shuttle Ridership had an increase of 8 percent with 4,126 riders up from 3,819.
• There has been an acute ridership loss at the Gilroy extension. 10-trip tickets in May and June were off 41 percent and the monthly tickets were off 18 and 19 percent for May and June, respectively. The future of the Gilroy line will be watched very closely.
• Appreciation for Vice Chair Maria Ayerdi was expressed for joining the staff in hosting a visit by the Speaker of the House for Georgia, Jerry Coleman.
• Activities in the Temporary Relocation Program for all station platforms along the line are now successfully implemented and construction has begun.
• Caltrain has had good ridership turnouts for recent special events including the Dixie Chicks concert and the Giants games.
• The Bicycle Advisory Committee had a successful meeting on July 8. Progress has been made at the bike station at San Francisco terminal.
• Monthly Safety and Security Reports were distributed. Key highlights include proactive actions on preventing suicides and efforts on outreaching for public safety training.
• In preparation for Proof-of-Payment, classes have begun for conductors.
• Misinformation ran in a publication regarding actions taken by the San Mateo Transportation Authority in preparation for a grade separation project in San Bruno. Staff has met with the publisher and a revised story will run on Saturday, August 16, 2003.
• In regards to the budget crisis, staff believe that there are not any foreseeable problems with the JPB projects, including partnership projects.
• The CEMOF workshop is targeted for September 17. More information will be provided as plans are finalized.

Mr. Scanlon requested that Chuck Harvey, Chief Operating Officer and Rita Haskin, Chief Communications Officer, get in touch with Mr. Zonobi to discuss ways of increasing ridership to the university.

Chair McLemore commended staff and Director Yeager for assistance in arranging the Board meeting in San Jose.

APPROVAL OF AN INCREASE IN THE GRANT ANTICIPATION NOTES (GAN) PROGRAM

Roger Contreras, Chief Financial Officer, reported that the Staff Coordinating Council (SCC) recommends that the Board approve authorization to the Executive Director to augment the Grant Anticipation Notes (GAN) program by $231 million from $222.5 million to $453.5 million for cash-flow financing purposes to support capital projects approved by the board. Additionally, the SCC recommends execution and delivery of a Second Supplemental Trust Agreement. Historically, this program has been very successful because it allows for cash-flow financing of all capital projects that have been approved by the Board last fiscal year and in the current fiscal year. Mr. Contreras stated that GAN cannot be used for projects that the Board has not approved and can only be used on projects for which the grant has been exhausted. Notes will be repaid by grant funds, and no member agency funding is required.

The motion for approval of an increase in the Grant Anticipation Notes (GAN) Program passes unanimously, by roll call, and resolution 2003-27 was adopted.

REJECTION OF LOW MONETARY BID AS NON-RESPONSIVE AND AUTHORIZING AWARD OF CONTRACT FOR TYPESETTING AND PRINTING OF TICKETS, PASSES AND PARKING PERMITS

Cheryl Cavitt, Director of Contracts & Procurement, reported that the Staff Coordinating Council (SCC) recommends Board approval of rejection of the low monetary bid for this service received from Globe Data Systems, Inc. of Warminster, Pennsylvania as non-responsive and award of a contract to the next lowest responsive and responsible bidder, Weldon, Williams & Lick, Inc. of Ft. Smith, Arkansas. Additionally, the SCC recommends the authorization to the Executive Director to execute the contract and to exercise up to two, successive one-year option terms if deemed in the best interest of the JPB.

Ms. Cavitt offered further explanation to the Board in support of staff's position on rejection of the low bid. Globe Data Systems, Inc. failed to enter pricing information into one entire column on the bid form, which was calling for setup charges. Since the solicitation document clearly stated, in three separate areas, that all blank spaces for unit prices are called for and must be completed. Omission of all pricing from the column renders Globe Data Systems, Inc. bid incomplete. In the sealed bid process, prices are very material termed. Failure to complete pricing information is not a waiveable irregularity in a bid. In Globe's letter of protest, it clarified that that the setup charges were really zero but unfortunately that clarification came after the bid opening. Again, under the sealed bid process, bids can not be clarified or altered after the bid opening. Each of the other two bidders completed the column for setup charges. One bidder indicated that setup was not applicable and the other included various prices for various items listed within the column. In the previous procurement for these same services, Globe Data Systems, Inc. completed that column by entering zeros. Having an incomplete bid also gives staff no bases to compare savings, etc. among the contract. Staff recommendation remains to reject the low bid from Globe on the grounds that it is incomplete.

Marge Pfeffer, Globe Data Systems, reported in support of Globe's protest. Grounds for Globe's protest include that the Board reserves the right to waive any irregularity or informality in the bid or bidding procedure. Globe's omission of zeros in the setup column did not affect the amount of the bid. The bid specs indicate that the unit price governs. Ms. Pfeffer questioned if the column is left blank, why is that not considered no charge. There is nothing in the column to charge. There is no setup charge because it is included in the unit price. To eliminate confusion, SamTrans has already deleted this column from the bid form. During the current affairs of the economy, many transit agencies are encountering major funding cut backs. By rejectioning Globe's bid, Caltrain will spend an additional $72,000 or more printing these items. As a taxpayer in this state, Ms. Pfeffer personally finds the additional expenditure indefensible. Ms. Pfeffer respectfully asked the Board to override the staff's recommendation for the rejection of Globe's bid.

Bill Neuenfeldt, Weldon, Williams & Lick, Inc., reported that if the protest by the non-responsive bidder was accepted and honored, it would represent an erosion of the bid process, which Weldon, Williams & Lick participates in time and time again. The erosion of that integrity would put Weldon, Williams & Lick in a position where it would be difficult to continue to bid on all contracts. Weldon, Williams & Lick in the past has produced this contract for Caltrain and there has never been a problem with any of the products or services that have been provided. Mr. Neuenfeldt expressed that Weldon, Williams & Lick would like to fulfill the contract needs again.

Joan Cassman, Legal Counsel, stressed that every bid response has idiosyncrasies. In this particular case, when legal counsel reviewed the bid documents, there was no choice but to deem the bid incomplete. There is a myriad of ways that a bidder can use to indicate that that column in intended for a zero charge, but they must indicate something. Leaving the column blank leaves open the question that the bidder overlooked it and staff can not be in a position to make assumptions of critical elements of the bid that go to the bid price and could possible alter the competitive playing field of the other bidders. As a matter of integrity of the bid process, legal counsel deems that this case is not an irregularity that can be waived and the recommendation is to reject the protest.

The motion to reject the protest filed by Globe Data Systems, Inc. and to reject the low monetary bid as non-responsive and authorizing the award of contract for typesetting and printing of tickets, passes and parking permits to Weldon, Williams & Lick was approved unanimously, by roll call and resolution 2003- 29 was adopted.

AUTHORIZATION OF SUPPLEMENTAL AGREEMENT TO THE COOPERATIVE AGREEMENT FOR COST SHARING, DESIGN AND CONSTRUCTION OF THE SUNNYVALE MULTIMODAL TRANSIT STATION

Howard Goode, Chief Development Officer, reported that this item is a closeout action for recommendation on this project. The project overall is a $15 million project to construct a parking structure and related facilities at the Caltrain station in Sunnyvale. It is a partnership project that includes not only JPB funds but also City of Sunnyvale funds, Santa Clara County Measure B funds and MTC TLC program funds as well. The City of Sunnyvale managed the project and it is now completed. As it has been completed, there have been some expenditures that were bound in the project beyond the available funding, including a number of items for the JPB, such as Visual Messaging Sign installation, fare collection equipment, conduits, etc. Along with the city of Sunnyvale, staff has worked out an approach to cover the additional costs of about $250,000. The JPB will cover additional costs with existing Federal grants available for general station improvements. The City will contribute the local match requirement.

Director Valerio commended JPB staff for its efforts in working with the city of Sunnyvale and with VTA. There was a dedication ceremony and many people commented on the quality of the station and the improvements that have been made.

The motion for authorization of a supplemental agreement to the Cooperation Agreement for cost sharing, design and construction of the Sunnyvale Multimodal Transit Station passed unanimously, by roll call, and resolution 2003- 28 was adopted.

QUARTERLY CAPITAL PROGRAM STATUS AND ELECTRIFICATION REPORT

Howard Goode, Chief Development Officer, referenced the Quarterly Capital Program Status Report and highlighted the continuing work in the Lawrence Station area, with temporary relocation of the platforms and pedestrian overcrossing and tunnel construction. Also in the Lawrence Station area, there is significant signal and track reconstruction. In regard to the North CTX construction contract, Millbrae Station was opened to revenue service on June 22. Focus is now being shifted towards Bayshore Station and the work for the San Mateo/Belmont and Redwood City project. Additionally, Mr. Goode reported that Caltrain has received bids for reconstruction at Diridon Station. Those bids came in under the engineer's estimate and staff is reviewing all bids. In regard to the Baby Bullet, two more locomotives were delivered bringing the total on new locomotives on the property to three. Mr. Goode also reported in regard to electrification. The schedule for the completion of the EA/EIR has been delayed due to extended review by the FTA and the need to update land use information and reanalyze service level and ridership projections. Upon completion of these efforts, the document will be resubmitted to the FTA.

VTA VASONA LIGHT RAIL PROJECT, SILICON VALLEY RAPID TRANSIT CORRIDOR (BART TO SANTA CLARA COUNTY) AND CITY OF SAN JOSE DIRIDON AREA REDEVELOPMENT PLANS PRESENTATIONS

Chairman McLemore introduced Jim Lightbody (VTA), Mohammed Basma (VTA), Tim Chan (VTA) and Jim Schutz (City of San Jose).

Mr. Basma presented the Vasona Light Rail Project report. Key highlights included a summary of the Light Rail Project, project schedule, project features, Vasona Corridor distances and estimated travel times, San Carlos Street and Woz Way, Hamilton Station Plaza, construction activity summary at San Jose Diridon Station, Light Rail Tunnel and Diridon Station area, maintenance facilities, tunnel construction, new track construction, Bus Transit Center and status of construction activities in the Diridon Station area.

Mr. Chan presented the BART Extension to Milpitas, San Jose & Santa Clara presentation. Key highlights included purpose & need, BART extension alternatives, ridership & traffic, project costs, Santa Clara Station concepts, Diridon/Arena Station concepts, the next steps of the project and project goals.

Mr. Schutz and Mr. Lightbody presented an overview of the City of San Jose Diridon Area Redevelopment Plan.

Director Valerio questioned which consulting agency was helping VTA with the environmental work of the project.

VTA staff clarified that the consultant is Earthtech.

Ms. Lempert questioned whether there were any considerations for lessening parking options for this project. Ms. Lempert referenced the Millbrae Station parking garage and noted it is underused compared to expectations and the impact of the very large garage on the local communities is counterproductive.

Mr. Lightbody responded that staff have discussed the parking options. Staff will be looking for various levels of parking, particularly what is needed in the initial system and maybe doing some phasing. Staff is also looking for opportunities for joint developments so the parking can be shared for multi-purposes. Historically, parking is a key piece in order to obtain high ridership numbers.

Director Yeager commended the VTA and San Jose staff for giving the presentations. Director Yeager expressed excitement in the project because of the coordination with land use policy and transportation, which will help get people off the road. Just as Caltrain has done a great job in working with the neighbors in soliciting input with the Maintenance Facility, VTA and the City of San Jose are doing the same thing. The Diridon/Arena Study had elected officials, staff and community members provide input for the project. Staff wants to preserve the beauty of the older neighborhoods but also planning for the future incrementally. The Vasona line has also presented some challenges that residents are very concerned about. VTA staff has been exceptional in hearing the neighborhood concerns.

Margaret Okuzumi, BayRail Alliance, expressed her concern with VTA, who is struggling to keep existing services running, proposing to borrow $252 million the 2006 Measure A tax to jumpstart BART to San Jose. Before borrowing money for any capital project, VTA needs to know how much Measure A will collect over its 30 year lifetime because County staff is estimating that it will bring in $2 million less than what was estimated during the November 2000 election. VTA should also disclose to the City Council and the Board of Supervisors, what capital projects in the 2000 Expenditure Plan will not be funded if the $252 million loan goes for the BART project.

Irvin Dawid, public member, stated that he is a student who commutes daily from Palo Alto to San Jose State and expressed that he is appalled at the parking garage design. He commented that he takes his bike on the train, along with many other students, and noted that the access is convenient. With the proposed garage, access will be changed tremendously, therefore Mr. Dawid urged staff to eliminate it.

Andy Chow, public member, also expressed concern on the BART project. Mr. Chow commented that before the BART project, he was apart of the advocacy for the Commuter Rail Project. At that time, VTA promised to improve Fremont/South Bay service. Since the BART Project was introduced, the Fremont/South Bay improvements have gone downhill and express bus services from Fremont to San Jose have been cut, as well.

Michael Kiesling commented in regards to the BART lines needing to be split therefore a cross platform transfer has been projected. Even with the clean slate at the Santa Clara Station, Mr. Kiesling expressed concern for the planning if it takes five to ten minutes to just to get to BART from Caltrain. He also commented that the projected parking would be counterproductive because it could kill off any ridership on the Vasona line.

REPORT OF LEGAL COUNSEL

None at this time

CORRESPONDENCE

Previously distributed

DATE/TIME OF NEXT MEETING:

Thursday, September 4, 10:00 a.m. at Legislative Chamber - Second Floor, City Hall 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102

ADJOURNED

Meeting adjourned at 11:51 a.m.