Proposition 116 Documents

Proposition 116 law. Note funds are eligible for rail and exclusive public mass transit guideways projects.

Of note is for Monterey County funds are allocated for “rail projects” while for other counties allocations reference “acquisition of rights-of-way”. Perhaps in order to receive funds to purchase the Monterey Branch Line the right-of-way purchase had to be part of an actual project and not ROW preservation.

Attorney General Decision 87-101 stipulating that an exclusive public mass transit guideways does not included busways.

CTC Proposition 116 rail program guidelines. Of note state has option of accepting ownership of right-of-way if project is not realized within 10 years.

San Francisco to Seaside Project Summary

Monterey Branch Line assessment.

Approval memorandum that on page 4 stipulates that line must be sold within 10 years if rail service has not begun.

CTC approval motion. Note Section 2.2 that places stipulation that project is required to be completed within 10 years or the state will be required to be reimbursed the cost of the right-of-way. However, CTC staff told me there is no time limit and the Prop 116 does not contain time limits. Perhaps this provision has since been struck down as arbitrary.

CTC 1998 package approving purchase. Final purchase did not occur until 2003.

Monterey Branch Line project scope and budgeting.

Master agreement between State of California and TAMC concerning Monterey Branch Line Purchase for purposes of intercity passenger rail service between San Francisco and Seaside.

Documents transferring funds allocated to the City of Seaside where rail project route would end to TAMC.

2009 Amendment for study to consider fixed guideway or bus service. Documents states Intercity San Francisco to Seaside project was completed. However, except for purchasing the right-of-way the project was never completed.

San Francisco to Seaside project update 2011. To my knowledge based on what I receive from the agency, the CTC never approved an amendment allowing for light rail over the Monterey Branch Line.

CTC closing proposition 116 to contract modifications and funding.

SURF! Busway Documents

Request for branch line funds to be used for busway study. Branch Line purchase contract does not allow for branch line revenue to be used for non-project uses. Rents are required to be used only for the Intercity San Francisco to Seaside passenger rail project.

Busway Description as submitted to Caltrans and CTC. Document states tracks are to remain in place.

TAMC staff expressing concern about final busway plans showing tracks being removed.

Letter to California Coastal Commission from TAMC Director Todd Muck stating track will be removed. Letter also indicates TAMC’s opinion that Proposition 116 allows for bus service. This might be based on misunderstanding of “Fixed Mass Transit Guideway” definition.

Overview map showing planned track removal and engineering plans submitted to California Coastal Commission showing approximately 2 miles of track over the 6 mile route are slated for removal.

Fixed guideway study that studies rail and bus options for the Branch Line. This was inappropriate use because proposition 116 prohibited busways, Funds from the bonds should not have been used to pay for the study. Of concern on page 92 the study states: “A total of $14.46 million in Proposition 116 funds has been committed to the Monterey Branch Line Fixed-Guideway project by the California Transportation Commission, of which $9.2 million was expended to purchase the Monterey Branch Line right-of-way in 2003” However, Proposition 116 specifically prohibits busway projects being included as “Fixed Guideway Projects” under California Attorney General Decision 87-101.

Busway Study inappropriately paid for using Branch Line revenue. Income from the Branch Line is required to be spent on the intercity rail project.

March 2024 Surf! Busway status report

Right-of-way Waterline Easement Sale

In 2019 TAMC sold an easement along a portion of the right-of-way between Marina and proceeding 3 miles south. Of particular concern is the the agenda item indicates the pipeline will not meet railroad standards and therefore may impede future rail service along the line. The contract appears to prohibits the sale of real estate for a minimum period of 20 years.

Communications Between CTC and TAMC Staff

These are emails between agencies.

Letter from TAMC requesting concurrence that their proposed busway is compliant with proposition 116

TAMC Motion to Amend Prop 116

TAMC motion to amend proposition 116

Carl Sedoryk stating on the record and lying to the TAMC Board in April 2023 that the agency is “leaving the tracks in place” when engineering plans at the time showed that 2 miles of track along the proposed six mile busway was being removed.