Judge: No Halt to HSR Planning

After ruling in Atherton v. CHSRA that the CHSRA needs to address the issue of the Union Pacific right of way between San Jose and Gilroy, Judge Michael Kenny was much less clear about what happens next. Into that vacuum stepped many of the anti-HSR folks to claim that the CHSRA was going to have to stop their work and do a new EIR.

Today we learn that while the ultimate remedy is still unclear, CHSRA is not barred from continuing its project level studies, and that an October 9 hearing has been scheduled by Judge Kenny to decide the matter of how to "correct the programmatic analysis," in the words of this CHSRA press release issued today:

CHSRA 9.14.09 Court Action FINAL

The release also notes that application for federal stimulus for this portion of the route remains active.

Thoughts on the Palo Alto Teach-In

Yesterday's "teach-in" hosted by the Peninsula Cities Consortium in Palo Alto was a rather interesting - and useful - event. I had to leave right after lunch, so my comments are only going to be focused on the two opening speeches and the first panel. I hope and expect folks will offer their own review of the day, including the afternoon "open space" session, down in the comments.

My comments are divided in two segments: first, some thoughts on the specific presentations and panels I saw, and then an assessment of where things stand on the Peninsula.

Yoriko Kishimoto, Palo Alto city councilmember and one of the lead organizers of the "teach-in," helped put together a very good meeting and should be credited for helping make it happen. In her opening remarks she said that the day's events were to proceed from the assumption that HSR was going to happen on the Peninsula, and the best thing to do was to come together to determine how best it should be implemented.

The first speaker was Gary Patton, former Santa Cruz County supervisor and counsel to the Planning and Conservation League. He proceeded to almost completely blow Kishimoto's constructive opening statement out of the water with an exhortation to the audience to ignore the will of the voters in passing Prop 1A. Patton's argument is that any project can be stopped. He isn't wrong about that, but the idea that we should reject the voters' will runs counter to his calls for democracy and engagement with the planning process.

Patton claimed that voters didn't approve "high speed rail" but merely authorized $10 billion in bonds. Which flies in the face of the fact that Californians voted for that money precisely because they liked the idea of a high speed train following the route the CHSRA laid out. Patton's assumption is that if Palo Alto residents don't want the train, they can organize and pressure their legislators to stop it. But that doesn't deal with the fact that anti-HSR folks aren't the only ones engaged in the public, democratic process, or that 6 million Californians voted to support that train and probably aren't going to be moved by the complaints of a few.

After trying to redefine what voters did last November, Patton went on to repeat virtually every single HSR denier claim, including attacks on ridership projections, cost overruns, and even repeating the "Berlin Wall" claim. Patton even went so far as to compare HSR to offshore drilling.

Patton seems to be of the school that contends any new development that might induce growth is bad and therefore must be stopped. He claimed that Santa Cruz County's changing growth patterns were somehow a success to be emulated, and even cited his role in defeating a Rod Diridon-supported train from San Jose to Santa Cruz. But those aren't exactly arguments in his favor. Instead of allowing more density in Santa Cruz, which suffers from a severe housing shortage and sky-high prices, development was channeled to Watsonville instead. As a result, Santa Cruz County is almost impossible to get around as Highway 1 is hopelessly jammed. The county is desperately trying to get passenger rail service up and running to deal with the transportation crisis. Patton's model for Santa Cruz County has been a failure for everyone except those who have owned homes in Santa Cruz and still have enough work or income or wealth to survive the downturn and the traffic-choked, unaffordable mess Santa Cruz County has become.

No coincidence then that Patton was in Palo Alto bringing the same message to locals. Patton seems to believe that an eternal 1970s can and should be maintained. But what of the consequences? What of global warming? Economic growth? Mass transportation? The future of Caltrain? None of these were mentioned by Patton.

He also mentioned the Atherton v. CHSRA lawsuit and decision, but wasn't honest with the audience about it. He didn't mention the fact that the judge upheld every aspect of the Pacheco choice, and the only thing about the EIR not upheld was the Union Pacific ROW issue between San José and Gilroy, an issue that would exist along the Altamont alignment as well.

Patton's presence, along with Richard Tolmach's presentation later in the morning, undermined Kishimoto's goal of working within the framework of assuming HSR on the Peninsula would happen. Both Patton and Tolmach clearly have not accepted the decision of the voters to build this train, both want to undermine the basic elements of the project, and both prefer to fight HSR itself rather than find the right way to build it on the Peninsula.

I understand the desire of the event planners to have all views represented. But if the goal is to figure out how to build HSR on the Peninsula in a way that residents can live with, having people like Patton and Tolmach arguing against HSR itself is not useful to achieving that goal.

After Patton came Bob Doty, who was a breath of fresh air - not just for the room but for the Caltrain/HSR project itself. He fundamentally understands what needs to be done and how to achieve it. He recognizes that the whole country is watching California HSR. If we get it right, and build it right, we're going to make HSR possible around the country. But if we screw it up, and can't get it built, it's hard to see how HSR is going to get very far elsewhere in the country.

Doty once again showed he is the right person to speak to the Peninsula on this project. He gives clear and direct answers to questions, even when the answer is "I don't know." Doty explained that the best way to get this project built on-time and on-budget is to get the early planning done the right way at the outset - to invest time and money into finalizing all the details, and then sticking to that plan once it has been agreed.

Doty also earned the trust of many in the room, if not all the hardcore anti-HSR folks, when he said that BART to SFO was a "bad project" that "screwed the Peninsula." That was an important point to acknowledge, given the bad taste the project left in many mouths, and given Quentin Kopp's role in the HSR project.

Another key point Doty made, one that keeps getting overlooked on the Peninsula, is that HSR is necessary to Caltrain's survival. Caltrain needs to electrify in order to survive. That's the only way they can accommodate future ridership growth, the only way they can manage operating costs, the only way they can have financial survival with a 75% farebox recovery rate (Doty's prediction).

As the Peninsula continues to discuss the implementation of HSR, Doty is going to play a key and quite valuable role in helping shepherd this to completion in a fair and sensible way.

The morning panel was interesting and quite useful, aside from Tolmach. I wanted to single out Greg Greenway, representing the Peninsula Freight Rail Users Group, who made some important points that need to be kept in mind. Freight rail is just as much a part of our transportation future as is passenger rail. PFRUG supports HSR, but wants to make sure it protects existing freight rail capacity. Greenway mentioned three specific concerns: operating hours, height of overhead wires, and the South San Francisco yard. It is definitely essential to preserve freight rail, and Caltrain/HSR appear determined to do exactly that. Let's hope others on the Peninsula agree and don't support proposals that would limit the effectiveness of freight rail.

Now, on to the broader assessment of where things stand. I believe there are basically two conversations happening on the Peninsula: first, whether or not HSR should even happen on the Peninsula; and second, how it should be implemented.

The first conversation is going to continue no matter what, but it is not useful or productive at this point. The voters have spoken, the route has been selected, and billions of dollars have been or are about to be committed. While Gary Patton is right that none of this is irreversible, there is no reason to turn back now. HSR is good for California and good for the Peninsula. Caltrain cannot survive without it. So I don't see how it does any good for folks on the Peninsula to continue debating whether or not HSR should happen.

The second conversation is very productive, useful, and necessary. I have always supported that conversation, so long as it happens within the framework that Kishimoto laid out at the meeting's outset - an assumption that HSR is going to happen on the Peninsula.

I think for that conversation to be successful, a few things need to be done. First, the public needs to be given a realistic assessment of project scope and limitations. What are some of the financial guidelines? What are some of the legal guidelines? What are some of the practical guidelines? For example, Kishimoto's statement ought to be clarified: HSR is going to happen on the Caltrain ROW. The silly and unworkable notion of building it on I-280 or US-101 needs to be abandoned. But it would also help if there was some sense, for example, of what locals are willing to offer in terms of funding in order to build a tunnel. Residents cannot assume that someone else will pay for a tunnel. Like Berkeley BART, most of that cost will have to be paid for by the locals themselves. If they want a tunnel, it is reasonable to expect them to pay for it, especially if a tunnel is more expensive than above-grade tracks.

Second, future events should probably not include folks who are pushing an anti-HSR agenda. If Palo Alto, for example, truly wants to find a workable solution to the question of how to build the Caltrain/HSR project, then there's really no point to having Gary Patton and Richard Tolmach there.

Third, the rest of the Peninsula needs to be given a greater role. As Bianca noted, Burlingame and Belmont seem to the ugly stepchildren of the Peninsula Cities Consortium - their issues and needs didn't really come up much at the part of the meeting I attended. Sure, the location of the meeting in Palo Alto probably helped explain that bias, but it speaks to a need to think of this project regionally. Residents and elected leaders in other cities are much more supportive of HSR, including Redwood City and Mountain View.

Finally, I think we need to get a better understanding of the different viewpoints out there. A lot of people on the Peninsula want HSR to happen - after all, Prop 1A did get a 67% yes vote in San Mateo County. Their views don't seem to be represented well at these kinds of meetings. There is a small number of NIMBYs who are absolutely opposed to this project, and then there's a grab bag of people in the middle, who aren't opposed to HSR but have concerns about how it will be built. That group is being influenced by the NIMBYs, who have been very effective at getting out their talking points, many of which are misstatements or just flat out lies.

The CHSRA hasn't been able to counter that, primarily due to a lack of funding. This "teach-in" would have been perfect for the summer of 2007 or even 2008. But the CHSRA was fighting for its financial life during those years, as Arnold Schwarzenegger at one point (spring 2007) proposed cutting the CHSRA's budget almost to zero. They'd asked for about $130 million, and ultimately received about $50 million, which itself got delayed by the Legislature's inability to agree to a budget. That didn't help the HSR project get off on the right foot on the Peninsula, and it enabled some mistrust and misstatements to take hold. Much of what is being done now, both on the part of the CHSRA and the locals, is making up for lost time.

And I think that yesterday's teach-in helped push that in the right direction. The NIMBYs and HSR deniers aside, I felt that there is a workable coalition for moving forward on the design process over the next 18-24 months on the Peninsula. Locals need to lay out their preferences and priorities, and project planners need to lay out their own needs, their own priorities, and most importantly, what the limitations are on this project.

If there is a genuine commitment to building HSR the right way - and I felt that many in the room shared that commitment - then this project will bring the benefits to the Peninsula, and improve the quality of life, that it ought to be producing.

I hope others who attended will give their thoughts in the comments. It was good to see you all there yesterday, to those I missed, my apologies. I wished I could have stayed all day.

Finally, thanks to Steve Emslie, Yoriko Kishimoto, Sara Anderson, Nadia Naik, and everyone else who helped make the teach-in happen. It was exactly what the Peninsula needs, and I look forward to participating in future meetings.

US Senate HSR Vote To Come Today?

Back in July the US House of Representatives approved $4 billion for HSR for FY 2010 - that's in addition to the $8 billion in the February stimulus. And as I reported a few days later, a Senate panel cut that number to just $1.2 billion.

The Midwest HSR Association, which has been impressively upping its activist game this year, believes that a final, full Senate vote could come as soon as today. They have put together an action page allowing you to email your Senators to support matching the full $4 billion appropriated in the House.

This would be a perfect opportunity for Dianne Feinstein and Barbara Boxer to step up and show leadership for California high speed rail by ensuring there's as much federal money available as possible.

And it's especially important that we get this money this year, as it looks a transportation bill may not happen this year. That bill is where a true commitment to long-term funding for HSR can emerge. Already the right-wingers are launching a broad campaign to try and gut HSR funding. Our activism is important to ensure they don't succeed.

CHSRA To Re-Bid Communications Contract

California High Speed Rail Authority Chairman Curt Pringle has announced that the communications contract that caused some significant controversy last week when it was announced Mercury would be the winners is going to be rebid:

The California High Speed Rail Authority is scrapping a staff recommendation from last week that a firm with connections to Gov. Arnold Schwarzenegger should receive a $9 million, five-year public relations contract, according to a memo sent today by Board Chairman Curt Pringle.

The authority will re-advertise the contract and start its selection process from scratch, Pringle said in the memo. He expects that staff will provide a formal recommendation with more transparency as soon as November.

This is exactly what I predicted would happen last week. The full memo from Pringle:

California’s high-speed train project ought to be an example of a government project done right – and that means being 100 percent open and transparent with Californians every step of the way.

In seeking out a new statewide communications and outreach contractor, the Authority followed the proper RFP procedures and made an objective recommendation. However, we realize we could have been more transparent about the process in order to more openly display that objectivity and strict adherence to state procurement procedures.

Therefore, following discussions with and recommendation from Executive Director Morshed and Deputy Director Barker, the Authority will re-advertise the solicitation and re-conduct the RFP process for this important contract in a way that more openly displays our procedures and sets a precedent for transparency in the awarding of government contracts.

Reaching out to the public as broadly as possible and ensuring access to information about the proposed high-speed train system is critical to the success of this project. I expect that a formal recommendation will be brought before the Board as soon as the November meeting.

Curt

CHSRA's critics won't be swayed by this, but this is an honest letter that admits a mistake and sets out how they're going to put it right. The Sacramento Bee article linked above added that the more transparent process used for the re-bid may reach out beyond the CHSRA:

Rail Authority Deputy Director Jeffrey Barker, one of the three staff panelists and a Schwarzenegger aide until Sept. 1, said the authority will use a larger review panel, possibly selected by a third party. Barker also said the authority will provide more information on its criteria for review.

That "third party" will be interesting. USDOT? Governor Schwarzenegger? Department of General Services? Of more importance will be the criteria for review, which enables the public to see the metrics by which bids are judged.

Ultimately this is something of a tempest in a teapot. Most PR firms are basically alike, especially in the relatively small world of California politics. All of them are politically well connected. And the communications strategy isn't quite the same as the all-important decisions about construction contracts, picking someone to supply the trains, and selecting an operator.

This may well be a good learning moment for the CHSRA. When those more important decisions are made, it will be to the CHSRA's benefit to use a very public process to make those decisions. That may or may not have been the plan all along, but this controversy is teaching them how to approach contract decisions the right way.

So we will see what happens in November!