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Caltrain  Board of Directors Meeting     
Caltrain
PENINSULA CORRIDOR JOINT POWERS BOARD

Minutes


Thursday, October 6, 2005 at 10:00 a.m.

MEMBERS PRESENT: José Cisneros, Don Gage, Arthur Lloyd, Michael Nevin, Stuart Sunshine, Ken Yeager

MEMBERS ABSENT: Jim Hartnett, John McLemore, Sophie Maxwell

MTC LIAISON PRESENT: Sue Lempert

STAFF PRESENT:  George Cameron, Cheryl Cavitt, Rita Haskin, Gigi Harrington, Chuck Harvey, Jennifer Hardie, Ian McAvoy, Darrel Maxey, Martha Martinez, David Miller, Michael Scanlon, John Vlahos

Chair Nevin called the meeting to order at 10:08 a.m. and Director Yeager led the Pledge of Allegiance.

Following the Pledge of Allegiance, the Board Secretary swore-in new Board member Stuart Sunshine.

PUBLIC COMMENT

None.

CONSENT CALENDAR

The Board unanimously approved the following items under the Consent Calendar:

a)      Approval of Minutes of  September 1, 2005

b)      Acceptance of Statement of Revenues and Expenses for June 2005 - Unaudited

c)      Acceptance of Statement of Revenues and Expenses for July 2005

Chairperson’s Report

Director Lloyd said the San Mateo County representatives of the Board recommend reappointment of Paul Bendix to the Citizens Advisory Committee.

The motion (Lloyd/Gage) to reappoint Paul Bendix was unanimously approved.

Director Sunshine said the San Francisco County representatives of the Board recommend the appointment of Suvashis Bhattacarya to the Citizens Advisory Committee. 

The motion (Sunshine/Lloyd) to appoint Suvashis Bhattacarya was unanimously approved.

REPORT OF THE CITIZENS ADVISORY COMMITTEE (CAC)                       

Brian Wilfley, chair of the JPB CAC, reported on the September 21 meeting:

·        Rick Schmedes, Project Manager, gave a presentation on electrification.

·        After discussion of the high speed rail alignment and the High Speed Rail Coalition’s Guiding Principles, the CAC unanimously approved the following motion:

The JPB CAC supports High-Speed Rail development along the Caltrain right of way, but we recommend that the JPB take no action on the Guiding Principles of the Silicon Valley High Speed Rail Coalition pending the outcome of the Regional Rail Study.

Director Gage requested the endorsement of the principles of the Silicon Valley High Speed Rail Coalition be added to the agenda for the November 3 JPB meeting.

REPORT OF THE EXECUTIVE DIRECTOR

Michael Scanlon, Executive Director, reported:

·        Thanked everyone for their condolences with the passing of his mother. 

·        The performance report shows very promising numbers. The new service has attracted new riders and pulled riders to the Baby Bullet stations. The refined timetable will be implemented October 10.

      Performance Statistics for August 2005

a)      Average Weekday Ridership was up 8.5 percent, from 29,999 riders to 32,562.

b)      Total Ridership was up 9.7 percent from 808,794 riders to 887,342.

c)      Total Revenue was up 29.9 percent from $1.99 million to $2.58 million.

d)      On-time Performance was down 5.7 percent from 96.3 percent to 90.6 percent.

e)      Shuttle Ridership was up 5.2 percent from 3,976 riders to 4,183.

·        Fuel prices continue to be over budgeted amounts by approximately 30 percent.

·        The second fare increase, approved by the Board in April, will be implemented in January 2006.

·        The Sunnyvale station will no longer have a staffed ticket agent beginning October 10. Consistent with the budget, many staffed ticket offices will be eliminated through attrition.

·        The 35 new validator machines recently procured are being installed at the original Baby Bullet stations. After the new machines are installed, the old machines will be rehabilitated and installed at other stations.

·        The average ridership to SBC Park this baseball season was 3,500 riders per game.

·        Hockey fans can take Caltrain to Diridon station and walk to HP Pavilion to attend Sharks games. 

·        On September 24, two additional trains operated to SBC Park for the Green Day concert.

·        The Regional Rail Study Steering Committee met yesterday. They will be hosting several public workshops at varies times November 29 through December 8.

·        The monthly Safety and Security Report was distributed.

Annual aDoption of investment policy and authorization to invest monies with the local agency investment fund

Gigi Harrington, Chief Financial Officer, said Staff Coordinating Council (SCC) recommends Board reaffirm the investment policy and authorize the investment of Peninsula Corridor Joint Powers Board monies in the Local Agency Investment Fund (LAIF).

The motion to adopt the investment policy was unanimously approved.

Award of contract for the san francisco caltrain bicycle parking facility operator to Warm Planet Bikes of San Francisco for a base three year term not-to-exceed $419,000

Cheryl Cavitt, Director of Contracts and Procurement, said Staff Coordinating Council recommends that the Board award a contract to Warm Planet Bikes (WPB) of San Francisco as the operator for the San Francisco Caltrain Bicycle Parking Facility for a base three-year term from the completion of the facility for a not-to-exceed cost of $419,000 with annual options to extend the agreement if the operator is financially self-sustaining by the end of the base term; authorize the Executive Director to execute a contract with WPB in full conformity with the terms and conditions set forth in the contract documents contingent upon the successful award by the JPB at a future date of a contract for the construction of the facility; and authorize the Executive Director to exercise the annual options to extend the agreement with WPB in accordance with the RFP requirements and if it is in the best interests of the JPB.

Director Sunshine asked why the operator will be awarded a contract prior to the construction of the facility.

Ms. Cavitt responded that before the facility was constructed, the JPB needed to ensure there would be an operator. Based on the fact that JPB received two viable proposals for a facility operator, JPB re-opened solicitations for the facility construction, following two prior attempts that did not result in a contract award.  Bids for the construction work are due October 11, 2005, and construction is scheduled for completion by July 2006.

Director Yeager asked if there was ever a survey conducted to see how many riders will leave their bicycles at the bike facility.

Rita Haskin, Chief Communications Officer, replied that a survey had been conducted in 2004. The results indicated that many people would prefer to rent a bicycle locker at both ends of their commute. She said she would send the survey results to all board members.

Director Gage asked what would happen to the facility if the operator is not successful.

Ian McAvoy, Chief Development Officer, responded that this is Caltrain’s first venture in contracting a vendor to operate a secure, attended bicycle parking facility.  This is also a first venture for a financially self-sustaining bike parking facility at a public transit rail station. If the facility is vacated, a different vendor to occupy the facility would be sought. There is also an opportunity to rent the facility for commercial use.

Director Gage asked if the JPB would recover costs of construction if the facility was modified by any supplemental occupants.

Mr. McAvoy said no JPB funds will be used for this project during or after the initial three-year base term or start-up period.  For the start-up period only, JPB obtained federal grant and matching funds to support the first three years of the facility’s operation plus a portion of the federal capital grant for constructing the facility.

Mr. Scanlon said although staff is requesting the award of a contract to the facility operator, the project will have a delay if there aren’t any reasonable and responsive bids to the construction contract currently out for bid. 

The motion to award a contract to Warm Planet Bikes was unanimously approved, by roll call.

CORRESPONDENCE

Previously distributed.

BOARD MEMBER REQUESTS

Director Lloyd said the money spent on the central line traffic control system was well invested.

REPORT OF LEGAL COUNSEL

David Miller, Legal Counsel, said as permitted by the Brown Act, the Board would convene in closed session to discuss the pending litigation as outlined below:

a)      Closed Session - Conference with Legal Counsel-Existing Litigation pursuant to Government Code Section 54956.9 - Myers Natoma Venture, LLC v. City and County of San Francisco et al., San Francisco Superior Court Case No. 04-504-363 and California Court of Appeal, First Appellate District Case Nos. A110296 and A110643

b)      Closed Session – Conference with Legal Counsel – Pending Litigation pursuant to Government Code 54956.9 - Kotobuki Trading Company, Inc., and Aki Kagami v. San Mateo County Flood Control District, et al.,  San Mateo County Superior Court # CIV 435490 (consolidated with CIV 433108)

c)      Closed Session – Conference with Legal Counsel – Pending Litigation pursuant to Government Code 54956.9 - Penske Truck Leasing Co. LP, v. San Francisco Bay Area Rapid Transit District, et al., San Mateo Superior Court # CIV 436531 (consolidated with CIV 433108)

The Board adjourned to closed session at 10:43 a.m. and reconvened at 10:58 a.m.

Legal Counsel, David Miller, reported that based upon discussion in closed session and recent action of the Transbay Joint Powers Authority, he is recommending Board approval for the Executive Director to execute a settlement agreement with Myers Natoma Venture, LLC relating to litigation involving the Transbay Terminal/Caltrain Downtown Extension/Redevelopment project.  

The motion to approve authorization of the settlement agreement was unanimously approved, roll call.

Mr. Miller further advised that the Board met in closed session to receive a report from Legal Counsel recommending settlement of the two matters listed as items (b) and (c), which arise out of a rainstorm that caused Colma Creek to overflow, resulting in lawsuits against several defendants, including the JPB, by various property owners in the vicinity of South San Francisco.  Mr. Miller reported that the Board authorized the Executive Director, upon the advice of Legal Counsel, to enter into a settlement agreement with regard to both matters upon satisfaction of various conditions, including approval by all other parties to the litigation and the dismissal of cross-complaints against the JPB by other defendants.

DATE/TIME OF NEXT MEETING

Thursday, November 3, 2005, 10 a.m. at the San Mateo County Transit District Administrative Building, 1250 San Carlos Avenue, San Carlos, CA 94070

ADJOURNED

The meeting adjourned at 11:02 a.m. in memory of Elizabeth Scanlon.

   
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