Item 4a YOLO COUNTY TRANSPORTATION DISTRICT BOARD OF DIRECTORS MEETING OCTOBER 13, 2008 Woodland City Hall, Council Chambers 300 First Street, Woodland Agenda Item 1 - Call to order Roll Call, Pledge of Allegiance – Chair Souza called the meeting to order at 7:00 p.m., asked Ms. Souza to call roll, then asked Mr. William Lowell to lead the assembly in the pledge of allegiance. Winters – Harold Anderson (P) Yolo County – Mariko Yamada (A) arrived at 7:03 p.m. West Sacramento – Christopher Cabaldon (P) Woodland – Art Pimentel (P) Davis – Stephen Souza (P) UC Davis – David Takemoto-Weertz (A) Not represented was Caltrans District 3 (P=Primary Board Member; A=Alternate Board Member) Staff present were: Terry Bassett, YCTD Executive Director, Janice Phillips, YCTD Deputy Director, Sonia Cortés, Legal Counsel, Kwai Reitz, Finance Officer, Erik Reitz, Associate Transportation Planner and Kathy Souza, YCTD Administrative Assistant. Others present were: Ed Coviello, SACOG; William Lowell, West Sacramento; Mike Barnbaum, Sacramento and Bobby Harris, Woodland. Agenda Item 2 - Consider Approval of Agenda Minute Order No. 08-43 Director Cabaldon made a motion, seconded by Director Pimentel, to approve the agenda for the October 13, 2008 regular Board of Directors meeting. Roll call resulted in the following: AYES: Anderson, Cabaldon, Pimentel, Souza, Yamada NOES: None ABSENT: None ABSTAIN: None Agenda Item 3 – Comments From Public Regarding Matters NOT on the Agenda Michael Barnbaum informed the directors of the upcoming Causeway Classic football game November 8 at UC Davis. Director Yamada arrived. Mr. Barnbaum listed the dates, times and locations of upcoming SACOG unmet needs hearings. William Lowell again requested consideration of banning smoking in bus shelters. He again stated that shelters at Merkley in West Sacramento and Cottonwood and Beamer in Woodland needed better ventilation during hot weather. Page 1 of 8 Agenda Item 4 – Consent Calendar Minute Order No. 08-44 Director Pimentel made a motion, seconded by Director Cabaldon to approve the Item 4a on the Consent Calendar, the minutes of the YCTD Board meeting of August 11, 2008. Roll call resulted in the following: AYES: Anderson, Cabaldon, Pimentel, Souza, Yamada NOES: None ABSENT: None ABSTAIN: None Items 4b and 4e were removed for discussion. Minute Order No. 08-45 Director Pimentel made a motion, seconded by Director Cabaldon, to approve the following items on the Consent Calendar: 4c. Authorize Subrecipient Agreement with SACOG for Pass-Through of PTMISEA (Public Transportation; Modernization, Improvement and Service Enhancement Account) Funds 4d. Approve Amendment to FY 2008/2009 Budget to Reflect Unanticipated Caltrans Planning Grant. Roll call resulted in the following: AYES: Anderson, Cabaldon, Pimentel, Souza, Yamada NOES: None ABSENT: None ABSTAIN: None Item 4b. Award Contract for ADA Bus Stop Improvements in Yolo County Director Cabaldon asked what improvements were being accomplished with the contract. Mr. Reitz explained that the majority of improvements were installing a concrete pad in the landscaping to allow access to the stops for passengers using mobility devices. Director Cabaldon asked if the plans were coordinated with the jurisdictions in conjunction with streetscape projects. Mr. Reitz replied that the jurisdictions were each actively involved with the plans. Director Yamada asked if there were any rural stops being improved with this project. Mr. Reitz stated those had already been improved with the assistance of the Capay Lions Club. Item 4e. Authorize disposal of surplus assets Director Cabaldon asked where the surplus assets were disposed. Mrs. Reitz replied the last items declared surplus were offered to schools and were finally donated to local teen group homes. Minute Order No. 08-46 Director Cabaldon made a motion, seconded by Director Yamada, to approve the following Consent Calendar items: Item 4b Award Contract for ADA Bus Stop Improvements in Yolo County Item 4e Authorize disposal of surplus assets Roll call resulted in the following: AYES: Anderson, Cabaldon, Pimentel, Souza, Yamada Page 2 of 8 NOES: None ABSENT: None ABSTAIN: None Agenda Item 5 – Board Member Reports/Announcements Director Souza reported that a dramatic rise in ridership was reported at the September Capitol Corridor Joint Powers Authority board meeting. CCJPA staff reported a 93% on-time performance figure. He expressed the hope that the upward ridership trend would continue in spite of declining fuel costs. Director Pimentel informed the board of the November 7, 2008 opening of the new multiuse sports fields at the Woodland Community Center. Agenda Item 6 – Oral Update from Veolia Transit Mr. Fuentes reported on a YOLOBUS bus versus pedestrian accident in recent weeks, stating that the pedestrian reportedly sustained only minor injuries. He added that the driver involved was no longer employed by Veolia Transportation. Additionally he reported a dramatic increase in paratransit requests for transport, particularly on Mondays, Wednesdays and Fridays as well as increasing ridership on the Woodland local routes. Agenda Item 7 – Public Hearing on FTA Section 5311 (f) Grant Application Ms. Phillips explained the FTA required documentation that the public was afforded an opportunity to comment on capital assistance projects. She informed the directors that a public hearing must be held to consider the economic, social, and environmental effects of the project, and to find the project consistent with official plans for the area and explained the funds were being sought for purchase of an additional 40 foot bus. Chair Souza opened the Public Hearing on FTA Section 5311(f) Grant Application at 7:22 p.m. and called for public comment. Hearing no requests to comment on the matter, Chair Souza declared the Public Hearing closed at 7:22 p.m. Director Pimentel asked why a public hearing was necessary for this item. Mr. Bassett replied that Caltrans required a hearing as part of their grant application process. Director Pimentel asked for what the proposed bus would be used. Mr. Bassett responded that the additional bus would be to allow expansion of service to smaller rural communities. Minute Order No. 08-47 Director Yamada made a motion, seconded by Director Pimentel, to authorize the Executive Director, or his/her designee, to sign all FTA Section 5311 (f) associated grant application and grant agreement documents. Roll call resulted in the following: AYES: Anderson, Cabaldon, Pimentel, Souza, Yamada NOES: None ABSENT: None ABSTAIN: None Agenda Item 8 – Consider Obtaining Outside Legal Counsel for Tax Related Services Mr. Bassett informed the directors the Yolo County Counsel’s Office indicated that it would be unable to advise YCTD on a particular matter because of a conflict of interest. He explained that YCTD needed legal representation on a “Possessory Interest” tax issue involving the office of the County Tax Assessor, which the County Counsel also advised. Mr. Bassett further explained that YCTD had incurred certain tax assessments Page 3 of 8 on improvements performed on YCTD property which the tax assessor had determined that the contractor, Veolia Transportation, owed taxes due to a “possessory interest”. Because the contractor was not made aware that the County would be taxing them for their use of YCTD’s publicly owned operations and maintenance facility, the contractor was not liable for the expenses per contract and the onus would fall on the District. He further explained that, on YCTD’s behalf, the California Transit Association surveyed its 80+ members and found that, with the exception of YCTD, none of the survey respondents, nor their contractors, were assessed such fees. He added this would not be a significant issue if it were a one-time fee; however, this was an annual assessment based on the value of facility improvements that YCTD had made. Such fees had been extended to offices and YCTD’s CNG station and could surpass $20,000 per year. He added that YCTD’s bus washer was the next improvement likely to be taxed with a “possessory interest” assessment. He stated that staff recommended that the Yolo County Transportation District Board of Directors authorize its Executive Director to procure outside legal counsel for services related to taxation, up to a dollar limit of $25,000. Director Cabaldon expressed the concern that this item should have been a closed session item as it dealt with potential litigation. Mr. Bassett responded that Counselor Cortés had not advised that this would be necessary as it did not deal with litigation directly, rather the hiring of a contractor. Director Yamada stated concern that she should either recuse herself or abstain from voting to prevent any appearance of conflict with her role as a County Supervisor. Director Cabaldon suggested staff contact the State Board of Equalization for clarification on the appropriateness of the County Auditor’s assessment policy. Minute Order No. 08-48 Director Anderson made a motion, seconded by Director Pimentel, authorizing the Executive Director to procure outside legal counsel for services related to taxation, up to a limit of $25,000. Roll call resulted in the following: AYES: Anderson, Cabaldon, Pimentel, Souza NOES: None ABSENT: None ABSTAIN: Yamada Agenda Item 9 – Review and Comment on RT Transit Master Plan Mr. Bassett informed the directors that RT had been developing a “Transit Master Plan”, which addressed options for public transportation improvements in the greater Sacramento area between 2008 and 2035. As part of that process, they held several workshops to solicit public input. He presented a PowerPoint presentation on the Plan, pointing out that two proposals were included during the process, streetcars in Davis and cessation of Yolobus service to the Sacramento International Airport and downtown Sacramento once RT provided light rail service to the airport. Mr. Bassett stated that neither the District nor the individual jurisdictions had been consulted about the inclusion of such plans. Mr. Bassett asked the board to consider affirming the following YCTD staff comments to be conveyed to Sacramento Regional Transit. YCTD has not yet determined whether or not it will suspend route 42 YOLOBUS service to the airport when LRT is extended there. Yolo County riders will still need access to the airport. Likewise, the lengthened running time on LRT between the airport and downtown Sacramento may make it infeasible for YOLOBUS to use the airport LRT stop as a transfer point for Woodland/Sacramento travelers. The increased riding time between those cities might dissuade intercity transit use. We are hopeful that the two services (both intercity bus and LRT) will complement each other and can co-exist. The plan shows the initial streetcar phase in West Sacramento in the 2019-2027 time period. It should be Page 4 of 8 reflected in the 2009-2013 time period. The plan shows no other West Sacramento extensions. It is suggested that the Railroad Depot to West Sacramento Triangle extension be reflected in 2014-2018, or earlier. Further input from West Sacramento regarding the possible timing of other extensions should be solicited. Streetcars in Davis were shown in earlier “Scenario C” versions. It is our understanding that they have been removed. YCTD will be working with its jurisdictions and SACOG to develop a long range transit component when it updates its Countywide Transportation Expenditure Plan. Mr. Bassett advised the directors that he had spoken with RT staff and invited them to send a representative to YCTD’s board meeting but none was in attendance. Director Yamada stated she found the assumptions made for Yolo County to be presumptive without engaging any official input from the affected Yolo County jurisdictions. Director Cabaldon stated that the included description of the first streetcar extension within West Sacramento was not as described in Master Plan but would rather be a north/south extension from the CalSTRS building area south to the Nugget Market. Director Yamada requested that a comment be added stressing the need to address future expanded paratransit service in the region. Mike Barnbaum reminded the board of upcoming workshops to assess the public’s willingness to fund the proposed services outlined in the Plan. Minute Order No. 08-49 Director Cabaldon made a motion, seconded by Director Pimentel, to affirm the following statements and direct staff to convey such to staff at Sacramento Regional Transit. YCTD had not yet determined whether or not it would suspend route 42 YOLOBUS service to the airport when LRT was extended there. Yolo County riders would still need access to the airport. Likewise, the lengthened running time on LRT between the airport and downtown Sacramento might make it infeasible for YOLOBUS to use the airport LRT stop as a transfer point for Woodland/Sacramento travelers. The increased riding time between those cities might dissuade intercity transit use. YCTD was hopeful that the two services (both intercity bus and LRT) would complement each other and could co-exist. The plan showed the initial streetcar phase in West Sacramento in the 2019-2027 time period. It should be reflected in the 2009-2013 time period. The plan showed no other West Sacramento extensions. An extension from the CalSTRS building to Nugget Market was already being developed by West Sacramento staff. It was suggested that the Railroad Depot to West Sacramento Triangle extension be reflected in 2014-2018, or earlier. Further input from West Sacramento regarding the possible timing of other extensions should be solicited. Streetcars in Davis were shown in earlier “Scenario C” versions. It was YCTD’s understanding that they were removed. YCTD would be working with its jurisdictions and SACOG to develop a long range transit component when it updated its Countywide Transportation Expenditure Plan. YCTD stressed the need to address future expanded regional paratransit service needs. Roll call resulted in the following: AYES: Anderson, Cabaldon, Pimentel, Souza, Yamada Page 5 of 8 NOES: None ABSENT: None ABSTAIN: None Agenda Item10 – Consider Actions Relative to Possible Change in YOLOBUS Fares Mr. Bassett informed the directors there had been a transfer agreement between RT and YOLOBUS since the early 1980’s which included a mechanism for sharing fare revenue and accepting fare media on RT and YOLOBUS. The agreement contained other provisions such as a contribution to RT towards its printing of monthly passes, inclusion of YOLOBUS schedule information in RT’s bus book, a process for reviewing and approving bus routes and stops in either jurisdiction, and provisions for affixing bus stop signs to poles. He stated during FY 2007/2008, the calculated net fare revenue received by YOLOBUS from RT was $580,159.22. This was a result of the acceptance of RT monthly and daily passes, as well as RT tickets and transfers, on YOLOBUS. RT had informed YCTD it intended to review and renegotiate transfer agreements with transit operators, including YOLOBUS. They had determined that various discounts negotiated with other parties, like Los Rios Community College District, Sacramento State University, the South Natomas TMA and the County of Sacramento, had resulted in the average fare being substantially less than what a standard monthly pass would generate. RT management had agreed to meet with SACOG’s Transit Coordinating Committee to discuss in general terms the purpose and plan to renegotiate transfer agreements. They also intended to have the new transfer agreements address cost-sharing for the upkeep of shared facilities (e.g., shelters and bus stops) in Sacramento. He advised that Sacramento RT had announced its intention to send notices of cancellation of transfer agreements to all affected districts to cover the potentiality of a failure to successfully complete new agreements. Mr. Bassett pointed out that in addition to the contract renegotiations; RT had tentative plans to increase its fares in January 2009. He explained this would have an effect on fares paid by YOLOBUS riders, as well as hinder the District’s ability to implement YOLOBUS fare changes by January. Director Yamada asked if the YCTD board would be involved in the negotiation process. Mr. Bassett explained that, at least in the beginning stages, communications would be at the staff level. Director Pimentel asked if there were significant impacts on the YCTD budget due to reduced state funding necessitating fare increases. Mr. Bassett stated that the YCTD budget had not included the state funding that had been cut but that increases would be necessary to make fares equivalent for transferring passengers. Director Yamada expressed support for the District offering YOLOBUS Only discounted fares for seniors, disabled and student passengers. Director Cabaldon asked if staff was able to determine which RT lines YOLOBUS riders transferred to and from. Mrs. Reitz stated that the twice-yearly surveys provided information about riders’ trip details, type of fare media used and where fare media was purchased. Director Cabaldon suggested that perhaps YCTD could negotiate in conjunction with Elk Grove. He also suggested that staff attempt to have SACOG assist with the negotiation, particularly in the event of an impasse. He stated that any YOLOBUS Only discount rates should be carefully evaluated and set at such a level that increases would not be necessary in the immediate future. Mr. Bassett stated that staff would work to gather cash fare information according to jurisdiction for the directors’ information. Mike Barnbaum informed the board that RT proposed to eliminate the use of Paratransit ID cards for no charge rides effective December 1, 2008. He asked that YCTD allow Paratransit ID holders to ride for free. He asked that renegotiation talks with RT be open to the public. He also suggested that YCTD have staff or board members attend the next RT board meeting. Mr. Bassett responded that it would be inappropriate for Page 6 of 8 YCTD to involve itself in RT’s deliberation process for its own rate structure. Minute Order No. 08-50 Director Pimentel made a motion, seconded by Director Yamada, to direct the Executive Director to continue renegotiating the transfer agreement with Sacramento Regional Transit District and, if appropriate, to announce and hold a Public Hearing on possible fare increases at the November 10, 2008 board meeting. Roll call resulted in the following: AYES: NOES: Anderson, Cabaldon, Pimentel, Souza, Yamada None ABSENT: None ABSTAIN: None Agenda Item 11 – Discuss Executive Director’s Report a. Impact of State Budget on Transit, Road Funding— Mr. Bassett reported the adopted State Budget diverted 71% of state revenues “available” for public transportation to the State General Fund. He added that YCTD’s budget assumed this would be the case so there were no budget shortfalls expected with the adoption. He reported that California Transit Association was appealing the prior year “take-away.” Director Cabaldon asked what other funds were left that might be diverted by the State. Mr. Bassett responded that State Transportation Assistance funds were a possibility. b. APTA San Diego Exposition — Mr. Bassett reported the previous week staff had attended the American Public Transportation Association Exposition in San Diego and had gathered information about new products such as possible replacement engines for use in re-powering older buses. c. West Sacramento Streetcar Update —Mr. Bassett informed the directors he had attended the West Sacramento streetcar preliminary Environmental Impact Review presentation October 2, 2008. d. Status of Commuter Bus RFP — Mr. Bassett reported that the Request for Proposals had been released. e. Ridership Thru August 31, 2008—Mr. Bassett informed the directors that ridership was up approximately 31% in July and 28% in August 2008 over the same period last year. He also advised that staff was considering possible route adjustments to make route connections function more efficiently. He cautioned that standing room only could become a regular occurrence on particularly the Route 42 if ridership continued to increase as there was no funding available to increase that service. Director Cabaldon, in reviewing the ridership reports, asked why the increase in ridership was not reflected in an increase in farebox recovery. Mr. Bassett responded that the increased ridership numbers were for months in the 2008/2009 fiscal year and the performance standards were for the 2007-2008 fiscal year. He added that he expected the 2008/2009 reports to show an increase in farebox recovery for that period. f. Oral Report – No report g. Attachments – Mr. Bassett reminded the directors of the attachments not previously discussed. Agenda Item 12 – Closed Session Chair Souza recessed the meeting at 8:35 p.m. and reconvened in Closed Session to discuss the following matter. Matter Concerning Personnel. Topic: Annual Performance Evaluation of Executive Director Page 7 of 8 Agenda Item 13 – Public Report of any Final Actions Taken in Closed Session Chair Souza reconvened the meeting at 8:42 p.m. and reported a subcommittee of Directors Pimentel and Cabaldon was formed to perform the Executive Director’s annual review. Agenda Item 14 – Adjournment Minute Order No. 08-51 Director Pimentel made a motion, seconded by Director Yamada, to adjourn the October 13, 2008 meeting at 8:44 p.m. Roll call resulted in the following: AYES: NOES: Anderson, Cabaldon, Pimentel, Souza, Yamada None ABSENT: ABSTAIN: None None Respectfully submitted, Terry V. Bassett TVB:ks Page 8 of 8