California High Speed Rail: Senator Simitian's Town Hall Meeting in Palo Alto

Like all town hall meetings, Senator Simitian's event in Palo Alto fielded a variety of questions  about many different subjects but hands down High Speed Rail held the most interest of the crowd that gathered in the Palo Alto City Chambers.  Approximately 44 questions were asked by the crowd from various communities. The room was full , approximately 200 people attended, creating the need for folding chairs in the back of the room.  When asked the question "where is the silent majority of High Speed Rail supporters," Simitian responded, accompanied by laughs from the audience, "apparently not in this room today."

The senator then attempted to answer some questions by giving a statement on his view of where we are on the project, his feelings about High Speed Rail and the failings of the current High Speed Rail board. 

His statement:  I support High Speed Rail done right and what does high speed rail done right look like?

1. Project has to be financially sound and viable on a statewide basis over the long term.
2. Must be a viable and complete transportation system statewide over the long haul.
3. The High Speed Rail Authority [must have] done a legitimate job of listening to and responding to legitimate concerns that are raised by folks that will be effected by the operation of the High Speed Rail, not just on the peninsula but up and down the state.

At the risk of stating the obvious, according to Simitian, "the High Speed Rail authority has struggled to make the transition from a small advocacy to be the responsible party for the design, construction, operation, maintenance and  financing" of the project.

He reminded the audience, there will be milestones the Authority must meet if they are to have access for all their funds.  The senator said that were attempts to have these requirements removed from the budget language by pro rail forces but so far they have remained intact.

Some Q & A:

How does the Senator feel about the Governor's trip to China and their interest in financing the HSR system?

He believes there is no shortage of interest on an international level because of the dollars on the table. China, Belgium, France, Germany, Japan and South Korea have shown interest.  Simitian said he has an open mind since there are no formal proposals on the table.  "There are those who say, we need to consider it if someone wants to put their money on the table rather than California taxpayers.  On the other hand, you have to ask yourself whether or not a critical piece of infrastructure ought to be in the hands of a foreign government." 

What's all this about the Conflict of Interest with Board Members?

Hot off the presses, Sen. Simitian told the audience that there was a last minute attempt to exempt board members of the High Speed Rail during the budget negotiations considering State law, Conflict of Interest code 1099.  There was an audible gasp of disbelief from the audience.  Simitian said it did not fly but encouraged people to keep an eye on this. He said emphatically he could not support the exemption, because it's" inappropriate on merits" and "from a process standpoint, it would be impossible to justify."

Section 1099 of the California Government Code states: "When two public offices are incompatible, a public officer shall be deemed to have forfeited the first office upon acceding to the second."  According to Californians Advocating Responsible Rail Design (CARRD), there are only three requirements to be in violation of the law.

First, both offices must be public offices with more than advisory powers.  2) There must be the potential for any kind of conflict between the duties of the offices. 3) There must be no exemption in the state law that allows someone to serve in both positions.   Diane Boyer-Vine, Legislative counsel agrees there is a problem. See CARRD's Incompatible Interest documents

Retired judge, Quentin Kopp attempted to create HSR Authority board rules about this conflict of interest and so far has not been successful.   See the Examiner article: HSR Authority Board Conflict of Interest   For a word for word transcript of the board's discussion, at the September 2nd board meeting go to CARRD's board meeting transcript

What about those Ridership Numbers?  

Budget language that has been put forth and specifically calls for the High Speed Rail Authority to respond to the concerns of the projections.  They have to demonstrate a more rigorous analysis on ridership than we've seen to date. There could be a transportation hearing set in November but it is not yet scheduled. 

What do you think of lawsuits against the Authority?

"I think if people think that if the Authority is not playing by the rules of the game, litigation is an entirely appropriate tool.  We sometimes worry about people abusing or misusing the legal process and I think that's a legitimate concern but  I also think the courts are there for a reason, it's to hold all of us to be honest so if you think someone isn't following the rules of the game, that's the place to go and have the argument. "  

Who has the power to stop High Speed Rail Authority at this point, if anyone?

"After a long pause, Simitian offered this. "I'm going to ask you to give me some time to think about that because there are many different means by which a "do over" could be accomplished.  It could be as simple or as challenging as a different group of folks on the High Speed Rail Authority.  It could be as simple or as difficult as the peer review body that was up and running and really exercising an appropriate role.  It could be action at the state ballot level to undo the vote that has already occurred.

But he cautioned the audience that the rest of the state does not share the same set of feelings that we do here  on the peninsula and as some of the southern California communities do.

Simitian said he'd be working this fall, before the key date in February, and would  think about how we "unring the bell,"  if we come to that conclusion a "do over" is needed based on the performance of the High Speed Rail Authority.

While Simitian is in favor of High Speed Rail "done right," why do it on the peninsula?

"I have not supported the peninsula as a particular route. Some of you will know that a few years ago, local legislators were asked to send a letter in support of a particular route along the peninsula. I declined the offer to do that because I thought Environmental Review Process was supposed to help us identify what the appropriate route was.  I did not think that picking the appropriate route should essentially be a political popularity contest by virtue of who weighed in, in support of one side or another.  I have not ever taken a position and still don't, on whether it's this route or that route or what the location ought to be. "

"Again, we have a High Speed Rail Authority is supposed to making those decisions. They are supposed to be making those decisions based on sound environmental work.  I think many of us in the room today are not convinced that that has been happening.  My job is to try to push them to do their job the way they should."

If you do not see demonstrative private equity investment in the plan presented February 1st, will that affect your views of the business plan?

"Yes.  Here's one of the things I worry about.  I worry that 10 years from now, folks are going to show up and say we need another 10 billion dollars. And I don't think that was the bargain that was struck with the voters of California when they voted for the plan.  So where's the money going to come from?  What makes you think that money is forthcoming based on the ridership studies you've done to date? And are the ridership studies you've done to date, credible enough that they are going to generate private investment?"

What should people do to communicate their concerns to other legislators since most are not as aware of the issues as Senators Lowenthal and Simitian?

Simitian confesses that he is not the Czar of High Speed Rail and advises the public to work with the Transportation and Budget Subcommittees in both the Sate Senate and Assembly as well as the newly formed Assembly Committee on High Speed Rail headed by Assembly member Cathleen Galgiani.  He expressed  concern that this select  committee not be a place for "boosterism" for either side.

 Simitian explained this is why both he and Senator Lowenthal have pushed for independent evaluation with the Legislative Analyst Office the state auditor and Berkeley's Institute of Transportation (ITS), view of the ridership numbers.  Based on all three of organizations, "High Speed Rail has come up short in terms of its work to date"

He says he is frustrated because the High Speed Rail Authority hasn't demonstrated a commitment or ability to get it "done right."  He warns the authority not to take his support for granted if they think they can keep his support regardless of the" kind of product they put on the table or for my districts to consider."

He finished by saying he grew up here and he credits the community and the great school system with giving him opportunities to do the things he has done with his life. In many respects, the quality of life here, up and down the peninsula, in many respects is unparalleled."
"Please note that I keep that front and center in my thinking about this issue. It's an extraordinary place with extraordinary people that have accomplished extraordinary things during my lifetime and turning that upside down because someone won't stop and engage or do their job is not in my political countenance."

The High Speed Rail Authority has been given a Feb 1 deadline for the new CEO get HSR house in order.  Simitian warns if things aren't turned around, they will be at risk of losing both Lowenthal and Simitian's support for the project.   "The clock is ticking" says Simitian.