Caltrain future governance discussions remain in flux

“I, as the chair of the board, of the JPB, see this as being outside of the [governance] process, and I know that my colleagues who are not here today are very concerned about what the initiation of litigation means for this discussion, and that is why they are not here today,” Davis said.

The SamTrans resolution requested information from its fellow Joint Powers Board members, the Santa Clara Valley Transportation Authority and the city and county of San Francisco, about financial obligations owed to San Mateo County for its initial investment in purchasing the Caltrain right-of-way. SamTrans said the debt is due to an initial $82 million investment in 1991, when San Mateo, San Francisco and Santa Clara counties formed the Peninsula Corridor Joint Powers Authority and purchased the railroad right-of-way for Caltrain, using state funds and money advanced by SamTrans. The resolution news surprised some board members representing VTA and the city of San Francisco. Some had previously mentioned that while money was owed to SamTrans for its initial investment, the resolution was concerning for the governance process.

A letter sent Friday morning from VTA Chair Glenn Hendricks and counsel to Davis and Michelle Bouchard, acting executive director of Caltrain, requested the meeting be postponed. VTA cited a letter received from SamTrans inquiring about more information for the reimbursement of the right-of-way.

“Since SamTrans’ action raises potential legal issues, VTA counsel advises against the participation of VTA representatives at this meeting until VTA has had the opportunity to evaluate how this will impact the governance process,” the letter noted.

Hendricks and Director Cindy Chavez, who are on the VTA board, did not attend the meeting. VTA said by email that Hendricks was traveling on prearranged personal business and was not scheduled to attend the Caltrain governance meeting. VTA said its legal department is currently assessing the threat of potential litigation and no further statements would be made at this time. Director Shamann Walton, who also represents the city of San Francisco and is its president of the Board of Supervisors, did not attend. The meeting ended early after directors Steve Heminger and Monique Zmuda also left following public comment. Heminger cited several members missing for discussion and the need to discuss the right-of-way reimbursement with the full board at a later meeting. Caltrain did not have enough board members to continue the meeting. Only Davis and the three directors from San Mateo County were left, Jeff Gee, Dave Pine and Charles Stone.

Heminger earlier said the board should discuss the right-of-way issue at a later meeting because it related to the governance question. He did not want to proceed until everyone could figure out a format and process to allow all board members to participate and address the right-of-way question.

“I would prefer it not be addressed by letters and press releases and threats of litigation,” Heminger said.

Stone, also the SamTrans board chair, said the resolution from SamTrans had no bearing on the Caltrain governance process exercises.

“I can think of no good reason we wouldn’t continue with that process,” Stone said.

Gee, who serves on the SamTrans board, said there were other board members who had already publicly made their choice prior to the conclusion of the governance process.

“I hope that we can continue this process to see where it ends. But it’s very difficult when there are members that have already said they don’t really care,” Gee said.

The meetings are focused on Caltrain’s current governance status in the region and the next steps in the 2021 governance model process. The board has previously agreed to a 2021 governance process roadmap to reach a final change recommendation at a December Caltrain meeting for adoption. Caltrain has previously discussed long-term governance model changes earlier this year, including keeping the current structure, a new model or possible mergers. Caltrain is currently managed by the San Mateo County Transit District, and has overlapping staff with SamTrans and had the same top executive until Jim Hartnett retired earlier this year.

Public speakers asked the board to move forward and set aside its differences for the public’s good and transportation in the region. Other public speakers argued for continuing the meeting even with the absent three directors. A motion was made to end the meeting and discuss the repayment to SamTrans at a later meeting after other agencies had a chance to discuss the issue with legal counsel. However, it failed, 3-3. Heminger and Zmuda then left the meeting early, ensuring there was no quorum.

Two additional special meetings on governance are scheduled for Aug. 20 and Oct. 22.

curtis@smdailyjournal.com

(650) 344-5200 ext. 102