MEMBERS PRESENT: John McLemore (Chair), Michael Burns, Jose´ Cisneros, Don Gage, Jim Hartnett, Arthur Lloyd

MEMBERS ABSENT: Sophie Maxwell, Michael Nevin, Ken Yeager

MTC LIASON: Sue Lempert

STAFF PRESENT: George Cameron, Joan Cassman, Cheryl Cavitt, Jennifer Hardie, Chuck Harvey, Rita Haskin, Martha Martinez, Ian McAvoy, David Miller, Bill Pedrini, Michael Scanlon, Mark Simon

Chair McLemore called the meeting to order at 10:08 a.m. and led the Pledge of Allegiance to the flag. He welcomed everyone to Santa Clara City Hall.

PUBLIC COMMENT

Chair McLemore prefaced that many people attended the Santa Clara City Council meeting this past Tuesday and had comments in regard to the Santa Clara track crossing. Chair McLemore invited them to attend this meeting so that they may express their concerns to the JPB since it is a joint effort project.

David Moss, Palo Alto, commented that at the City Council meeting it was very clear that not only is there a safety issue with the Santa Clara Caltrain track crossing but also common commuters and shoppers are receiving tickets. Many people cross the tracks everyday and those people are primarily commuters going to the east side because there is only access from one side. He reported that when Santa Clara tried to create an alternative, rather than waiting 10 years for BART, they were told that they would have to wait. However, Mr. Moss expressed that there needs to be a short-term solution. He submitted a letter for the record, which includes five alternatives to explore.

Jim Stallman, Saratoga, stated that the City Council meeting was encouraging with the statement that the pedestrian crossing safety project at Santa Clara Station is decoupled from BART. Mayor Patricia Mahan wanted something done right a way. He recalled that the State put in a temporary steel girder bridge at Lawrence, which is now in Amtrak's storage yard. The bridge would need a few more sections to span across the Santa Clara yard, however he suggested this as an option to consider. Although Amtrak increased its force a couple of years ago, people are still crossing the tracks, even with children. He further reported that he submitted a letter, approximately a year and a half ago, stating that the Valley Transportation Authority (VTA) had money to do this project. Mr. Stallman urged the JPB to assist in getting a rail crossing bridge in place.

Chair McLemore reiterated that this is a collective effort and recommended that all should attend the VTA board meeting as well to express their concerns with the crossing yard. However, he cautioned people not become over-encouraged without having a financial ability to do a project.

Jeff Carter, Burlingame, agreed that something needs to be done with the crossing so as to improve safety and possibly help increase ridership. Further, he reported that Baby Bullet service has begun and has been very popular. He commended staff and the marketing department for their work. He noted that one of the problems with the new schedule is that it is killing off ridership at some stations (i.e. 22nd Street, Broadway). With the Baby Bullet trains being so crowded, he suggested looking at having additional equipment or utilizing all available equipment to reduce overcrowding. For the future schedules, he suggested looking at some of the stations that have more capacity for parking.

George Thomas stated that he has been crossing the tracks at Santa Clara station for over 20 years. There is a lot of traffic in that area and he would like to get clear responsibility of who can do something about this issue. He referenced an email that he submitted regarding the new policy of zero tolerance for trespassing on railroad property and that it does not address the issue at Santa Clara since Caltrain has not made a provision for crossing the tracks.

Chair McLemore questioned if the referenced email also contained the statement that it is the responsibility of Santa Clara.

Mr. Thomas confirmed that it was the same email and read, "Mr. Thomas, we are aware there is no convenient way to cross the tracks at the Santa Clara station. It is however, the responsibility of the City of Santa Clara to construct either an overpass or an underpass." Mr. Thomas stated that the email was from the customer service center of the JPB.

Yevgenig (Eugene) Lysyy, Palo Alto, questioned how Caltrain has money for electrification and the San Francisco downtown extension but not for a pedestrian crossing at Santa Clara station. He feels that it is wrong for people to get tickets for crossing the tracks and he urged Caltrain to solve this situation.

Karen Setnor, Sunnyvale, commented that she uses the Santa Clara Caltrain station not only for the train but also for busses. She stated that many people are crossing the tracks and are receiving citations. She urged for an alternative or at least leniency in crossing the tracks where there is no safe or reasonable alternative.

Eyedin Zonobi, San Jose, reported that San Jose State University (SJSU) is very pleased with the operation of the Baby Bullet. They have begun joint marketing activities with Caltrain by mailing a Caltrain flyer to associate students from San Francisco and peninsula cities, which has generated a lot of interest from the students. SJSU is working with Caltrain staff on a proposed University Pass or some kind of discounted pass for SJSU students.

Margaret Okuzumi, in regard to the Santa Clara crossing, referenced a letter that was submitted by Bay Rail Alliance (at the time known as Peninsula Rail 2000) in 1999. The letter listed putting the outside boarding platforms and crossings at California Avenue station and also the crossing at Santa Clara station as two projects with highest priority. Ms. Okuzumi noted that the revenue projections for the 1996 Santa Clara County Measure B program indicate that there may be funds still available, depending on the economy, and recommended that VTA and Caltrain push for monies remaining in the program to be used towards these Caltrain projects.

Director Lloyd commented that it is his understanding that the majority of the problem at Santa Clara station rests with the Union Pacific Railroad who objected to a foot of relocation so that center fencing could be put in, which Caltrain has been wanting to do.

CONSENT CALENDAR

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

1. Adoption of minutes of July 1, 2004
2. Statement of Revenue & Expenses, July 2004
3. Annual adoption of Investment Policy and authorization to invest in monies with the Local Agency Investment Fund
4. Authorization to enter a funding agreement with Caltrans for seismic retrofit work on Caltrain Bridges in an amount of $665,552
5. Authorization for an amendment to increase the FY2005 Operating Budget in the amount of $37,600 to account for Metropolitan Transportation Commission Section 5303 grant funding

CHAIRPERSON'S REPORT

Chair McLemore reported:

• September 1, he and Director Lloyd, attended a seminar on the bullet trains from Japan by the representatives of the Japanese California High Speed Rail study group. It was a very informative presentation.
• Received the final draft of the 2004-2023 Caltrain Strategic Plan. It is a very impressive document that incorporates all of the comments that were made in the review process.

MTC LIAISON REPORT (SUE LEMPERT)

• There was not a regular MTC meeting in August.
• The overrun cost on the Bay Bridge is still an unsettled issue.
• The Baby Bullet will receive the MTC grand award. Jim Bigelow will receive the Valuable Citizen Award. The award ceremony will be September 22, 2004 in Oakland.
• Just returned from New Jersey and noted that bicycles are not allowed onboard the trains in its transit system. They expressed an interest in the way Caltrain accommodates its bicyclists.

REPORT OF CITIZENS ADVISORY COMMITTEE (CAC)

Brian Wilfey reported on the August 18 CAC meeting:

• The Golden Gate Railway Museum made a presentation. They are making progress towards being able to operate more on the railroad.
• Happy to see that ridership was over 30,000 for July. They believe it is a tremendous accomplishment.
• There was an update on the downtown extension project from a committee member.
• Having looked at the Safety and Security Reports for July and August, he noted that there were four interventions on the tracks preventing possible tragedies. The education process seems to be working well.

REPORT OF THE EXECUTIVE DIRECTOR

Michael J. Scanlon:

• Reported that for the first time since September, 2001 there has been an increase in ridership and revenue.

Key Caltrain Performance Statistics:
June 2004
1. Average Weekday Ridership was up 3 percent, from 28,281 riders to 29,123.
2. Total Ridership was up 15 percent, from 684,125 to 789,924.
3. Total Revenue was up 6 percent from $1.74 million to $1.84 million.
4. On-Time Performance was up 4 percent from 93.2 percent to 97 percent.
5. Shuttle Ridership was up 9 percent from 3,819 to with 4,154 riders.

July 2004

1. Average Weekday Ridership was up 9.9 percent, from 27,588 riders to 30,330.
2. Total Ridership was up 12.9 percent from 711,677 to 803,513.
3. Total Revenue was up 5.9 percent from $1.8 million to $1.9 million.
4. On-Time Performance was up 1.7 percent from 94.7 percent to 96.3 percent.
5. Shuttle Ridership was up 2.5 percent from 3,806 to 3,901.
• Expressed gratitude to Ms. Lempert for nominating the Baby Bullet for the MTC grand award. There were 75 nominations so it is not insignificant that the Baby Bullet is the recipient of the award. Legislator of the Year will be awarded to Senator Jackie Speier.
• Commented that with the success of Baby Bullet have come a few problems such as overcrowding. Staff is looking at creative ways to obtain more equipment and funds to run the equipment. There has also been an issue with not having enough parking. In Mountain View, staff has been working with the city to provide overflow parking within easy walking distance. The City Council will consider a proposal at its meeting on September 4. If approved, there will be approximately 120 additional parking spots. Staff has already begun to look at the next iteration of the Baby Bullet, the next grouping of stations and possible ways to disperse some of the loads to a secondary set of Baby Bullets.
• Identified a brochure outlining weekend activities for August through September. The brochure lists specific events that are accessible along the rail corridor with connections to VTA and Muni.
• Reported that during July there were two fatalities. One was an apparent suicide near College Park. The other was in the tunnel at Paul Avenue where the victim was evading the police.
• Fuel prices are considerably above the amount budgeted. There was an overage for July of about $95,000. Staff has been preparing ideas to address the overrun if the fuel prices do not come down.
• Service will be restored to the home football games at Stanford beginning September 4.
• Special service was provided for the Curiosa Festival.
• Baseball service to SBC Park for Giants home games remains at about 3,500 riders per game.
• Regarding the Transbay Terminal, there have been three lawsuits filed challenging the certification of the EIR/EIS. The lawsuits have been tendered to the Transbay Terminal who has in return transferred them to the City Attorney who has agreed to challenge the lawsuits.
• In local newspapers, there has been discussion of a pending wrongful death civil suit that involves an incident that occurred in October 2000. General Counsel has prepared a confidential memorandum to the board members to update them on the situation.
• On September 1 the first meeting between staff and the representatives of the Department of Homeland Security Office of Domestic Preparedness began a threat and vulnerability study. This will be approximately a four-month project.
• The monthly Safety and Security Report was distributed. As Mr. Wilfley noted, there were several incidents where interventions by police and citizens prevented would-be tragedies.
• The Tunnel Rehab project has begun. There was a thorough debriefing with OSHA before any work began to ensure that everyone was up to date with safety procedures since the project entails single track work within the tunnels.
• Responded that the JPB will work with VTA and Union Pacific to address the issue at Santa Clara station. In the interim, although some are angry when given citations, the JPB has an obligation to enforce the crossings at the station.

Mr. Scanlon responded that the training was part of continuing efforts of Operation Lifesaver. Caltrain Safety Officer and Manager of Track have joined Director Lloyd and Amtrak Police Captain Martino in rounding out the Caltrain representation in Operation Lifesaver. This group conducts presentations in schools and civil groups to educate them and to ensure that they understand the dangers and pay attention to safety. Director Lloyd, on behalf of Operation Lifesaver, thanked Chris Payne and Mark Hennessey who are participating tremendously with the program.

Director Harnett, in regard to Homeland Security, commented that he would like to hear more about what the JPB is doing in that regard. He stated that he always has a concern that we do things safely and protect the passengers but that we not do things that don't make sense. He expressed concern about Federal government programs that are not as effective as they are made out to be.

Mr. Scanlon responded that staff will update the board with information. However, security measures are kept low-profile. The JPB will be getting a series of recommendations from Homeland Security, which staff will have to consider.

Director Lloyd reported that Operation Lifesaver met August 26 in Sacramento. They will continue the program "Cop in the Cab" along various parts of the corridor and will continue citing trespassers. Director Lloyd suggested having the program done along the peninsula.

Director Gage commended Mr. Scanlon on his great work under the current circumstances.

Mr. Scanlon accredited the success to the staff.

Jeff Carter agreed that the weekend festivities was a great brochure. Anecdotally, he noted that the weekend service is good on both Saturday and Sunday. He is glad to hear that staff will address different stopping patterns for future service because it is important to get better service for more riders. Mr. Carter noted that he feels it is ironic that Baby Bullet benefits Santa Clara County the most yet, because of budget constraints, they have had to freeze its member contributions that last several years. He noted that there is a market for riders in the northern section of the peninsula that is currently underutilized because of the number of stations that do not receive service as frequently as stations in Santa Clara County.

Yevgenig (Eugene) Lysyy commented that it is great that Caltrain repaired its tracks. However, he feels it is not good to have track parts stored near the tracks because of the potential safety hazard and he would like see them locked and stored somewhere else. He also noted that at Santa Clara station most trains are quiet, which endangers the pedestrians and passengers waiting. He recommends that the train blow its horn every time it enters the station.

• Presented a Resolution of Appreciation to Jim Gallagher who is retiring after 28 years of work at the San Mateo County Transit District. Gratitude was expressed to Mr. Gallagher by Director Lloyd, Director Burns, Director Gage, Chair McLemore, David Miller and Director Hartnett. Jeff Carter and Jim Lawson also commended Mr. Gallagher for his instrumental work for Caltrain.

AWARD OF LENZEN YARD: MAINLINE TRACK RELOCATION AND TUNNEL PROJECT CONTRACT TO SHIMMICK CONSTRUCTION

Cheryl Cavitt, Director of Contracts & Procurement, reported that the Staff Coordinating Council (SCC) recommends that the board award the subject contract for $11,650,000 to the lowest, responsive and responsible bidder, Shimmick Construction of Hayward; to authorize the Executive Director to execute a contract in full conformity with the terms and conditions of the solicitation documents; and to exercise contract bid option items for a total amount of $1,095,000 with the understanding that UPRR will pay for this work pursuant to the Purchase and Sale Agreement for the Lenzen Site.

The recommended award calls for Shimmick Construction to furnish all materials, labor, tools, plants, supplies, equipment, transportation and project management to perform contract requirements to perform the contract Phase IV of the Central Equipment Maintenance and Operations Facility (CEMOF) project. The base contract scope of the works includes JPB mainline track relocation, construction of a vehicle/pedestrian tunnel connecting the future administration building with the maintenance facility, installation of maintenance track and preparation of the site for construction of CEMOF. The bid option items consist of unit prices for the off-haul of contaminated material from the site. The indemnification section of the Purchase and Sale Agreement for the Lenzen site defines the UPRR's responsibility for contaminated soils at the site. The bid option items support this agreement by providing the UPRR an alternate means to off-haul contaminated soil that may be less costly than utilizing their own resources.

Construction is anticipated to begin in October, with completion anticipated in August 2005. The majority of the construction will be performed during the day (between the hours of 7 a.m. and 7 p.m. ), five days a week, as agreed to by the CEMOF Shared Objectives Agreement, with limited shifts on weekday nights and weekends for specific project requirements. To the extent that work will be performed outside the daytime window of 7 a.m. and 7 p.m., the community will be notified in advance.

The basis for the bid comparison and determination of the low bidder was the Base Bid Price. The amount of the contract award will include only the base bid, and will not include the bid option items until or unless they are exercised.

Invitations for Bids (IFB) were distributed throughout the construction industry. The bids were opened publicly on April 13. The successful bid is substantially lower than the engineer's estimate. Staff analysis identified several areas where the JPB over-estimated on the engineer's estimate, such as mobilization and demobilization.

Staff has reviewed the Shimmick Construction bid documents, listed references and reviewed submitted resumes and has determined that they are a responsive and responsible bidder. The District's Disadvantaged Business Enterprise (DBE) office reviewed the bid documents submitted by Shimmick Construction and determined that the firm complied with the DBE bid requirement of the IFB. The amount of work committed to DBE's is approximately $2.6 million or 22 percent, which supports the JPB's overall annual agency goal of 13 percent.

The motion to approve the contract award to Shimmick Construction was approved unanimously, by roll call, and Resolution 2004-32 was adopted.

AWARD OF CCTV AND AUDBILE SIGNS PROJECT CONTRACT TO MANUEL BROTHERS, INC

Bill Pedrini, Chief of Protective Services, reported that Staff Coordinating Council (SCC) recommends that the board award the subject contract for $1,282,100 to the lowest, responsive and responsible bidder, Manual Brothers, Inc. of Grass Valley; authorize the Executive Director to execute a contract in full conformity with the terms and conditions of the solicitation documents; and authorize the Executive Director to exercise contract bid option items for a total amount of up to $629,900, contingent on funding availability.

The installation of Closed Circuit Television (CCTV) and audible signs will be located at four of the key stations - San Francisco, San Mateo, Mountain View and San Jose Diridon, and, with the execution of the contract bid option, the San Francisco and San Jose Diridon Yards - is a significant first step in our program to harden our system and protect our passengers against terrorism. The selection of these sites was based on a combination of factors including ridership, and the number of incidents at each station. It is envisioned that, as monies and grants are obtained, additional stations will be placed under this umbrella of security by equipping them with the CCTV system.

To facilitate access and safety for sight-challenged passengers this contract also provides for the installation of an audible sign system at the San Jose Diridon station.

Construction is anticipated to begin in October, with completion in September 2005. The majority of the construction will be done weekdays.

Invitations for Bids (IFB) were distributed throughout the construction industry. The bids were opened publicly on June 29.The basis for bid comparison and determination of the low bidder was the Grand Total Bid Price. Bid results were substantially higher than anticipated, however further analysis indicates that the marketplace has tightened due to well-publicized security events that affected other transit systems. The result of this increased market demand is reflected in the bids received.

The DBE office reviewed the bid documents submitted by Manuel Brothers, Inc. and determined that the firm complied with the DBE bid requirements of the IFB.

Director Gage questioned if the JPB has a local preference policy for contracts that go out to bid.

Mr. Scanlon responded that the JPB does not because it is outlawed on projects that are Federally funded.

Director Gage questioned if it would be something to consider on the projects that are not Federally funded.

David Miller, General Counsel, responded that he will look into it.

Director Gage commented that the reason he is asking is because transit agencies are heavily dependent on sales tax revenue and when there is local preference, it allows local folks to keep working and the money gets turned back around which would be beneficial.

Director Burns questioned where the cameras are going to be monitored from.

George Cameron, Chief Administrative Officer, replied that most of the cameras will go back to Central where they can be viewed either live or on a recorded basis. For the cameras in the yard, there will be a station set up where guards can review the tapes on a live basis.

The motion to approve the award of contract to Manuel Brothers, Inc. was approved unanimously, by roll call, and Resolution 2004-33 was adopted.

QUARTERLY CAPITAL PROGRAM STATUS AND ELECTRIFICATION REPORT

Ian McAvoy, Chief Development Officer, noted that this report covers the timeline of April 1 through June 30. He highlighted that both the North and South CTX construction contracts are coming to a close and are in the demobilization stage. An additional contract was just awarded for CEMOF. Construction on previous contracts including the community wall and fiber optic relocation are in process. The contractor mobilized on site for the San Francisco Yard Improvements this quarter and work has begun. There is also work being done in the San Francisco tunnels.

From a design standpoint, there has been work with the station outside boarding platforms projects at Burlingame, Broadway, California Avenue, Hillsdale and Atherton. Construction is anticipated to begin next year.

In regard to electrification, Mr. McAvoy reported that staff is still in the process of responding to the many comments received on the environmental report. Federal approval for the document is anticipated before the end of this year.

REPORT OF LEGAL COUNSEL

David Miller noted that the report in reference to the litigation Bulness v. JPB is before the directors. If any questions arise, he is available to answer them.

CORRESPONDENCE

Previously distributed.

DATE/TIME OF NEXT MEETING

Thursday, October 7, 2004, 10 a.m. at the San Mateo County Transit District Administrative Building, 1250 San Carlos Avenue, San Carlos, CA 94070.

ADJOURNED

Meeting adjourned at 11:32 a.m.