WCCTAC

West Contra Costa Transportation Advisory Committee

Minutes

May 30, 2008

The regular meeting of the West Contra Costa Transportation Advisory Committee was called to order at 7:33 A.M. on Friday, May 30, 2008 by Chair Sharon Brown in the City Council Chamber s of the City of San Pablo, 13831 San Pablo Avenue, San Pablo, California, 94806.

1. Call to Order/Self Introductions

PRESENT: Sharon Brown, Chair (San Pablo), Maria Viramontes, Vice Chair (Richmond), Janet Abelson (El Cerrito), Tom Butt (Richmond), Bob Franklin (BART), Jerrold Parsons (WestCAT), Roy Swearingen (Pinole), Tony Thurmond (Richmond)

STAFF: Mike Sakamoto, Interim Executive Director

Joanna Pallock, Project Manager

Linda Young, Transportation Project Specialist

John Rudolph, Project Manager

Nancy Cuneo, Administrative Analyst

Mike Rodriquez, General Counsel

*Arrived after Roll Call

Chair Brown introduced Mike Sakamoto, Interim Executive Director for WCCTAC; Michael Rodriquez, WCCTAC’s new General Counsel; and Tom Hanson, WestCAT.

2. Public Comment

Jerrold Parsons stated that he has been appointed as Parking Committee Chair by the Association of Federal Government Employees Local 1122 (Federal employees of the Social Security Administration of Richmond). He expressed a desire to collaborate with WCCTAC and the City of Richmond to address parking issues in the area of downtown Richmond.

3. Certificate of Recognition for Outgoing Board Member Jerrold Parsons

Chair Brown commended Mr. Parsons for his service as a member of the WCCTAC Board and presented him with a certificate of recognition.

Mr. Parsons stated that it has been an honor to serve as a member of the WCCTAC Board and commended the Board for their work towards the betterment of West Contra Costa.

Consent Calendar

On motion by Janet Abelson, seconded by Jerrold Parsons and carried unanimously the WCCTAC Board voted to adopt the Consent Calendar as follows:

4. Approved Minutes, Sign-In Sheet, and Meeting Summary from the April 25, 2008 Meeting.

5. Approved Staff Reports.

6. Received update on Potential West County Casino Projects.

7.   Received information about the 2008 Summer Internship Program. 

8. Received Information about Items Over $10,000 – Street Smarts Traffic Safety Education Campaign Activities.

9. Approved CCTA Technical Coordinating Committee (TCC) Representative.

10. Authorized signing of the Cooperative Funding Agreement for the Pinole to Hercules Bay Trail Gap Closure between WCCTAC and the East Bay Regional Park District (EBRPD).

11. Received Announcement – I-80 ICM Project – Funds for Arterial/Transit Components.

12. Approved Proposal to Continue Consulting Services (Michael Bernick).

13. Received Funding Information – Federal Safe Routes to School and Transportation Fund for Clean Air Regional (Competitive) Funds.

14. Received Information about the School Bus Pass Project – 6 month Report.

15. Approved Administrative Policy for Sick Leave Sharing Plan.

16. Board Member Comments, Conference/Meeting Reports (AB1234 Requirement), and Announcements

Bob Franklin noted that San Francisco is hosting the American Public Transportation Association rail conference the week of June 2.

Tom Butt stated that he received an email from a BNSF representative that BNSF trains would no longer be able to utilize Union Pacific’s lines that parallel

I-80. This will result in BNSF being required to run longer trains through South Richmond. He noted that this would impact the whole of West County.

Chair Brown requested that Mr. Butt forward this information to members of the Board. She stated that she would then forward the information to the city council.

Vice Chair Viramontes noted that she would be present for the paper screening of the candidates; however, she will not be available for the interview process. She asked that an alternate be appointed to serve in her stead for the interview process.

Chair Brown stated that the matter would be agendized for June at which time an alternate will be appointed.

17. Legal Counsel Comments and Announcements

Mr. Rodriguez stated that he is happy to be serving as WCCTAC General Counsel.

18. Verbal Report from Interim Executive Director/Chair Executive Regarding Director Search Process

Mr. Sakamoto stated that WCCTAC is working through Murray and Associates to locate a permanent/full-time Executive Director for WCCTAC. The application period is open until June 27. Screenings and initial interviews will be held on July 16; screenings at the sub-committee level will take place July 1. The final selection will be made by the full Board at a meeting on July 25. Mr. Sakamoto noted that the applicant brochure would be made available on the WCCTAC website.

19. Discussion and Consideration of Repayment of $81,637.98 due to the City of San Pablo for Unfunded Public Employees Retirement System (PERS) obligations and Other Post Employment Benefits (OPEB) obligations

Mr. Sakamoto noted that the City of San Pablo has been able to fund its share of the PERS and OPEB obligations; however, the WCCTAC Board must fund its share of the obligations. He noted that WCCTAC has developed a plan for repayment that will not require WCCTAC to borrow funds or accrue interest on a borrowed amount.

Bradley Ward provided a background of PERS and OPEB. He noted that WCCTAC has no unfunded liability with regard to PERS and OPEB (Retiree Health). The remaining component that is WCCTAC’s responsibility is in the amount of $81,637.98. Mr. Ward noted that after reviewing the budget, it has been determined that there is money in the operations budget that can be used to pay off the existing liabilities; WCCTAC is requesting approval from the Board to do so.

Vice Chair Viramontes asked if this a one-time removal of money from the personnel line items in order to pay the outstanding balance up-front.

Mr. Ward replied that removal of funds from the personnel line items would only occur this fiscal year and the budget next year will not include this amount for the OPEB or the PERS.

Janet Abelson asked if the PERS contribution is included in the budget forecast each year.

Mr. Ward stated that this is correct; however, after the $81,637.98 is paid there will be no unfunded liability (side fund), only the normal cost at ten percent.

On motion by Vice Chair Viramontes, seconded by Janet Abelson and carried unanimously the WCCTAC Board voted to approve repayment of the $81,637.98, due to the City of San Pablo for PERS and OPEB obligations, from the operations budget for FY ‘08.

20. Report on State Budget and Impact on Transportation and Transit Funding

Michael Bernick, WCCTAC consultant from the firm of Sedgwick, Detert, Moran & Arnold LLP, stated that he provide a presentation which focuses on how California State Transportation Funding will affect WCCTAC projects. He noted that funds for transportation in the proposed general fund have increased slightly from FY ‘07-08; however, funds have decreased significantly from the amount allocated in FY’06-07. Much of transportation funding is in special fund money which increased over special funds for FY ‘07-08 and increased dramatically over FY ‘06-07.

Mr. Bernick noted three points, to take away from the State Budget with regard to transportation, as follows:

1. Relative to other areas, transportation did very well (with the exception of diversion of $830M of gas tax spillover into the general fund). He noted that the diversion of gas tax funds does not directly affect WCCTAC projects.

2. Mr. Bernick noted the effect that green initiatives have had on the area of transportation. This includes a number of new positions related to clean energy and clean transportation initiatives.

3. Bond funding has significantly increased the amount of funds for transportation beginning in FY ‘07 with the basic Caltrans budget continuing to form the core of transportation spending in California.

As regards construction spending, Mr. Bernick noted that Caltrans has a workforce initiative in place that seeks to determine how construction spending can be utilized to achieve transportation goals, as well as employment goals, in an effort to curb slowdowns in residential construction by moving available laborers into the infrastructure sector.

Mr. Bernick provided a synopsis of Proposition 1B funding and the ten-to-twelve accounts that comprise it. He noted the Transit System Safety, Security and Disaster Response account that provides $250M (contingent upon legislature allocation) for water board transit agencies of which, there is only one: WETA. There is currently $25M in the budget, which translates to $1-2M for the Hercules ferry.

Of the $1B in the State and Local Partnerships account, none has of yet been allocated. Caltrans and CTC are currently working to establish guidelines for the allocation of these funds. As regards the Trade Corridor Improvement Plan, which impacts the Martinez sub-division project, Mr. Bernick noted that the Port of Oakland has received a first allocation of $70M. Finally, Caltrans has met with significant competition in trying to obtain an allocation from the Intercity Rail account, which could fund Capital Corridor improvements. Mr. Bernick noted that an additional source of funds might be necessary.

Mr. Bernick directed the Board’s attention to two funds, which are of particular relevance to West County projects: the $300M Prop 1C TOD Fund; and the $850M Prop IC Infill Fund. Of the $300M in the TOD fund, the first $95M was recently approved for disbursement. In addition, the first $240 of the Prop 1C Infill fund has been disbursed. The second round of disbursements will occur in the fall of 2008.

The third source of funds relative to the State Transportation Budget is Proposition 84, which was passed as the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act 2006. Of the multiple accounts comprising this legislation, two are germane to transportation issues: $90M for Sustainable Communities and $90M for Urban Greening. He noted that the guidelines are being written and creation of a sustainable communities council is in process.

He continued by noting that State Transit Village Legislation uses tax increment money for transportation improvements. AB1221 (Ma) attempts to create tax increment districts within a half-mile radius of rail transit stations. Mr. Bernick noted that anything that is going to impact resources and divert tax dollars from other programs is a long shot, especially when taking into consideration the current fiscal situation.

Mr. Bernick stated that the California High Speed Rail $9.95B general obligation bond is set to appear on the November ballot. This includes $1B for local and regional passenger rail projects. The total proposal is a $40B, 800-mile system that has been in the planning stages for the last 25 years. Mr. Bernick stated that in spite of the current fiscal situation, there is a strong movement to keep the California High Speed Rail Project on the ballot.

In conclusion, Mr. Bernick apprised the Board of AB 2261, which is the governor’s push to create a public-private partnership institute, which attempts to obtain private capital for transportation projects.

Vice Chair Viramontes asked if any portion of the $40B for the California High Speed Rail Project could be used for grade separations and/or overpass/underpass issues.

Mr. Bernick replied that the $40B is for the core system. The $1B from the general obligation bond is yet to be defined.

21. Rides for Seniors Presentation

Elaine Welch, of the Senior Helpline Services Staff, provided background relative to the Senior Helpline Services Organization. She noted that the primary difficulty that seniors encounter with regard to issues relative to independence is within the realm of transportation. Based on her own research, Ms. Welch has determined that the primary resource that is lacking with regard to available modes of transportation for seniors is volunteer driver programs that provide free, door-to-door volunteer accompaniment services for seniors that cannot utilize bus, paratransit or other more available modes of transportation (for reasons of limited access or lack of financial resources).

Ms. Welch noted that West County has an explicit need for volunteer drivers and she, in a coordinated effort with the Senior Helpline Services Board, has dedicated two years to bringing their services to West County. Ms. Welch emphasized that her organization attempts to provide seniors with access to more common modes of transportation e.g., bus and/or paratransit, etc., before making use of the volunteer driver program; the program is essentially, a last resort.

Ms. Welch stated that her program needs funds and volunteers. She asked the WCCTAC Board for assistance in locating volunteers and implementation of the program in West County.

Mr. Swearingen asked if volunteer drivers travel to senior centers.

Ms. Welch replied yes; however, there is a need for volunteers to satisfy the demand for services.

Mr. Swearingen recommended that Ms. Welch speak with the Parks and Recreation Director of Pinole, as she may be able to aid in locating volunteers and implementing the program.

Jerrold Parsons suggested expansion of the casual carpool system to include access for seniors.

Ms. Welch noted that her program requires that the driver accompany the senior, thus, the casual carpool system would likely not work. She acknowledged that this solution may work well for seniors with greater mobility.

Vice Chair Viramontes suggested working with the volunteer office in West County.

Tony Thurmond recommended advertising on the local, public access cable channels and reaching out though the faith-based communities.

22. Extension of Measure AA Presentation

Nancy Skinner was not present.

Chair Brown stated that Item 22 would be held over.

23. Request from CCTA for WCCTAC support to advance $3.3M in Measure J funds for the I-80 ICM Project

Mr. Noeimi stated that MTC has adopted the 2008 Statewide Transportation Improvement Program; the results of this adoption are not good for Contra Costa. The STIP does not include money for the I-80 Integrated Corridor Mobility Project, which was being sponsored by CCTA and the ACCMA. In addition, three other projects have been delayed: (1) the Hercules rail station, which has been set back two years; (2) the Richmond BART parking structure, which has been delayed for one year; and (3) the Richmond Parkway Transit Center.

MTC provided two reasons for not programming the I-80 ICM project into the STIP: (1) the money will not be available until FY ‘12 or FY ‘13 (the money is needed now in order to stay on schedule; and (2) when the money was granted it was on the condition that there would be a local match.

CCTA is asking that WCCTAC consider recommending the use of $5M of Measure J funds from the I-80 categories and expenditure plan to provide the local match for the I-80 ICM project. In exchange, CCTA will commit to programming a similar amount from future STIP plans to the San Pablo Dam Road Interchange Projects. Mr. Noeimi stated that CCTA is recommending the San Pablo Dam Road Projects to execute the funds swap for the following reasons: (1) The project applied for STIP funds 6-8 months ago and was ranked fourth out of twenty projects (directly behind the I-80 ICM Project); (2) the project has a large funding shortfall; (3) the project will give San Pablo Dam Road a leg up in the competition for future STIP funds; (4) in the past the authority has given priority to completing projects already included in the STIP; and (5) the I-80 category in Measure J allows for funding of the I-80 ICM Project.

Mr. Noeimi stated that if WCCTAC does not approve of CCTA’s recommendations they have two options: (1) WCCTAC may utilize their sub-regional transportation fund category in Measure J (Mr. Noeimi noted that these funds have been allocated for developer fees bonding); and (2) WCCTAC may ask the cities along the corridor to come up with the $5M dollars.

Chair Brown stated that she is not a proponent of the I-80 ICM Project. She stated that she does not believe that the cities along the corridor know enough about the program to commit to it. Chair Brown stated that at a meeting that was held on May 29th between Chair Brown, the San Pablo Public Works Director and the City Manager, it was decided that the City of San Pablo is not opposed to advancing the funds from the San Pablo Dam Road Project; however, CCTA must sign a letter of commitment with regard to funding and return of the funds.

Mr. Butt stated that he has reservations about using local funds for funding freeway projects. He would rather spend the money on public transportation as increasing freeway mobility encourages urban sprawl.

Bob Franklin left at 8:41 a.m.

Janet Abelson asked if the allocation is for the local component.

Mr. Noeimi replied that it is for the local component as well as the freeway component.

Ms. Abelson stated that the local component is about local access to existing areas and therefore it is not about creating sprawl; it pertains to onramps and such, in areas that are already built out. Ms. Abelson requested clarification with regard to what is meant by return, in relation to the delayed project; does it refer to the priority level in relation to the STIP.

Mr. Noeimi replied yes, that it would be moved to the top of the next list.

As regards the Richmond BART parking garage, Jerrold Parsons asked if the project would be affected by a shortfall in Measure C funds.

Mr. Noeimi responded by stating that the Measure C funds have not been delayed and do not expire even if the project is delayed.

Vice Chair Viramontes motioned for approval on the condition that the importance of determining which local roads will receive funding is discussed with Caltrans.

Mr. Swearingen concurred.

Chair Brown noted the importance of establishing a consensus among the cities and appraising the individual jurisdictions of what the project entails.

On motion by Vice Chair Viramontes, seconded by Jerrold Parsons with one nay by Tom Butt and one abstention by Tony Thurmond, the WCCTAC Board voted to support the advance of $3.3M in Measure J funds for the I-80 ICM Project on the condition that discussions with Caltrans would occur regarding local arterial funding and allocation of the $24M.

24. With no further business to come before the WCCTAC Board, Chair Brown adjourned the meeting at 8:53 A.M., until the next meeting to be held on June 27, 2008 at 7:30 A.M. at the San Pablo City Council Chambers, 13831 San Pablo Avenue, San Pablo, California, 94806.