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CALLED TO ORDER at 12:08 p.m.

ROLL CALL

Members Present
David Casas, Vice Chairperson
Patricia Dixon
Don Gage
Forrest Williams, Chairperson

Members Absent
None

Alternates Present
None

Alternates Absent
Dennis Kennedy
Breen Kerr

* Alternates do not serve unless participating as a Member.

A quorum was present.

PUBLIC PRESENTATIONS

There were no Public Presentations.

ORDERS OF THE DAY

Noted the exchange of order with Agenda Item #16 and Agenda Item #17 in the Administration and Finance Committee Agenda Packet.  Noted Agenda Item #16., Reaffirm the Santa Clara Valley Transportation Authority (“VTA”) Investment Policy on Unrestricted and Restricted Funds and the delegation of authority (Contreras) and Agenda Item #17., Adopt an amended permit fee schedule and policy adding charges for Restricted Area Access Permits, allowing the General Manager to enter into mutual fee waiver agreements with other public entities, and exempting projects undertaken pursuant to VTA cooperative agreements from fee collection requirements (Collins).

Removed from the Consent Agenda and placed on the Regular Agenda, Agenda Item # 11., Authorize the General Manager to execute a contract with AT & T Wireless (AT&T) for one year to provide cellular telephone service, with an option to extend the contract on an annual basis for four additional years.   This contract will not exceed $230,000 for the first year with an escalation rate of 2 percent for each of the next four years, for a total contract amount not to exceed $1,196,930 over the five-year period.

Accepted Orders of the Day.

CONSENT AGENDA

Approved the Regular Meeting Minutes of August 19, 2004.

Received and filed the Report on Santa Clara Valley Transportation Authority Investments for the month of July 2004.

Received and filed the Monthly Legislative Reports.

Received and filed the 2004 Quarterly Attendance Report.

Approved submitting a recommendation to the Board of Directors to ratify the appointment of Margaret Okuzumi to the Citizens Advisory Committee position representing the North County Cities.

Approved submitting a recommendation to the Board of Directors to adopt a resolution to preserve the right to use tax-exempt bond proceeds to reimburse the Santa Clara Valley Transportation Authority (VTA) for costs incurred for capital projects and equipment purchases, if VTA, at a future date, decides to issue bonds.

Approved submitting a recommendation to the Board of Directors to authorize the General Manager to approve the award of a contract to Free Life Enterprises for Substance Abuse Professional Services for five years.   The contract value for the
five-year period is $400,000.

(Removed from the Consent Agenda and placed on the Regular Agenda.)

Authorize the General Manager to execute a contract with AT & T Wireless (AT&T) for one year to provide cellular telephone service, with an option to extend the contract on an annual basis for four additional years.   This contract will not exceed $230,000 for the first year with an escalation rate of 2 percent for each of the next four years, for a total contract amount not to exceed $1,196,930 over the five-year period.

Approved submitting a recommendation to the Board of Directors to authorize the General Manager to renew benefit contracts with Kaiser, PacifiCare, Valley Health Plan, Delta Dental, Pacific Union Dental for VTA employees and retirees for calendar year 2005.   Authorize the General Manager to execute a contract with Custom  Benefits Administrators for one year for flexible spending account plan administration and Metropolitan Life Insurance Company for life, accidental death and dismemberment, and long-term disability insurance for three years.

Approved submitting a recommendation to the Board of Directors to authorize the General Manager to execute task order contracts for the preparation of environmental compliance documents and other environmental support services for highway, transit and related facility projects with the following firms as funds become available for each project.   Each contract will be for a maximum three-year period with an option for two additional years with a total value not to exceed $2,400,000 for all agreements.

Approved submitting a recommendation to the Board of Directors to authorize the General Manager to amend the contract with Mark Thomas & Co. for final design and design support during construction of the River Oaks Bicycle and Pedestrian Bridge, increasing the approved contract value by $52,500 for a new total contract value not to exceed $570,000.

The Agenda was taken out of order.

REGULAR AGENDA

Recommended staff consider coordinating contracts for antenna sites with this type of contract.  Suggested potential cost savings.  Offered to provide information regarding antennae sites.   Staff noted appreciation regarding offer to provide information assistance.

Approved on a vote of 3 ayes to 1 noes to 0 abstentions to submit a recommendation to the Board of Directors to authorize the General Manager to execute a contract with AT & T Wireless (AT&T) for one year to provide cellular telephone service, with an option to extend the contract on an annual basis for four additional years.   This contract will not exceed $230,000 for the first year with an escalation rate of 2 percent for each of the next four years, for a total contract amount not to exceed $1,196,930 over the five-year period.   (Vice Chairperson Casas opposed.)

Noted the public’s concern regarding the major public relation marketing plan.

Requested a breakdown regarding the programs and where the $7.7 million will be implemented.   Requested information regarding the total amount of funds allocated from 2000 Measure A and VTA’s General Fund Account for the Community Outreach/Public Education/Marketing Program.

Requested information regarding the funding sources.

Queried on the relationship between Burson-Marsteller and BKSH Associates and how closely aligned are the subsidiaries.   Queried when the corporation partnership was formed with BKSH Associates.  Staff responded that BKSH Associates partnership was formed in the late 1990’s. 

Noted the reason for the questions is to understand the response to the news article regarding the relationship line between the corporations.   Staff responded and stated that a relationship exists financially but no personal relationship exists.

Noted significant issues regarding ethics and relationships and wants to ensure that staff has done the due diligence necessary to demonstrate that there are no impropriates associated with the contracts.   Staff responded that Congestion Management Programming and Planning (CMPP) Committee requested the solicitation summary and process regarding the Request for Proposals (RFP) received on the contract and the information will be provided to the Board Members.

Queried on the scoring process and specific areas of ranking regarding the selection.   Staff responded that the solicitation summary contains the scoring and ranking information and added that the report is very comprehensive.  Staff added that the RFP for this contract was released with three problem statements and required a work scope and budget.

Queried about the selection panel composition and about the questions asked.  Staff responded that the solicitation summary includes who was on the selection panel and the questions asked.

Queried on how the contractors were scored and if the ranking was both quantitative and qualitative and if the information is in the summary.   Staff responded yes and added that the solicitation summary includes the information.

Queried when the solicitation summary report will be provided to the Board Members.   Staff responded that the information is being compiled and it will be available within a week and a half. 

Inquired on the Federal Transit Administration (FTA) requirements.   Staff responded that staff has researched the material; however, was unable to locate requirements that specifically deal with public involvement regarding the development activities on a project in a capital program.  Staff noted that public involvement process is required through project development or preliminary engineering.

Requested to forward the item to the October 7, 2004 VTA Board of Directors Regular Meeting without a recommendation for Board discussion and consideration with the caveat that all the things discussed at this Committee Meeting will be added.

Noted the due diligence of the decision-making process and noted that it is absolutely appropriate.  Added that detail summarizations should be applied to all the decisions that require Board action from a financial standpoint and noted that the clarity and transparency of the data will assist in making better decisions.  Noted the importance to apply the detail process and utilize it with other financial decisions to ensure success in the future.

Approved forwarding the item without a recommendation to the Board of Directors for consideration at the October 7, 2004 VTA Board of Directors Regular Meeting.  Authorize the General Manager to execute a contract with Burson – Marsteller for community outreach, public education, and marketing services, for an amount not to exceed $7,700,000.  The contract will be for an initial three-year period with two optional one-year extensions.

Approved submitting a recommendation to the Board of Directors to reaffirm the Santa Clara Valley Transportation Authority (“VTA”) Investment Policy on Unrestricted and Restricted Funds and the delegation of authority.

Queried if staff is tracking the funds recovered.   Queried about an update regarding the implementation of recommendations from the Ad-Hoc Financial Stability Committee will be provided to the Board Members. 

Staff responded that an update on the Ad-Hoc Financial Stability Committee's 19 recommendations will be provided to the Board. 

Queried on the motivation for the access fee and the frequency of occurrence for restricted access.

Approved submitting a recommendation to the Board of Directors to adopt an amended permit fee schedule and policy adding charges for Restricted Area Access Permits, allowing the General Manager to enter into mutual fee waiver agreements with other public entities, and exempting projects undertaken pursuant to VTA cooperative agreements from fee collection requirements.

Noted the Santa Clara County Board of Supervisors opposed Propositions 68 and 70.   Noted the City of San Jose will oppose Propositions 68 and 70.

Approvedsubmitting a recommendation to the Board of Directors to adopt an oppose position for Proposition 68 and 70, two competing measures appearing on the November 2004 general election ballot relating to the expansion of casino-style gambling across California.

Reviewed Committee Work Plan.

Committee Staff Report: 

There was no Committee Staff Report.

Chairperson’s Report: 

There was no Chairperson's Report.

Determine Consent Agenda for the October 7, 2004 Board Meeting

CONSENT:Agenda Item #8., Ratify the appointment of Margaret Okuzumi to the Citizens Advisory Committee position representing the North County Cities; Agenda Item #9., Adopt a resolution to preserve the right to use tax-exempt bond proceeds to reimburse the Santa Clara Valley Transportation Authority (VTA) for costs incurred for capital projects and equipment purchases, if VTA, at a future date, decides to issue bonds; Agenda Item #10., Authorize the General Manager to approve the award of a contract to Free Life Enterprises for Substance Abuse Professional Services for five years.  The contract value for the five-year period is $400,000; Agenda Item #11., Authorize the General Manager to execute a contract with AT & T Wireless (AT&T) for one year to provide cellular telephone service, with an option to extend the contract on an annual basis for four additional years.  This contract will not exceed $230,000 for the first year with an escalation rate of 2 percent for each of the next four years, for a total contract amount not to exceed $1,196,930 over the five-year period; Agenda Item #12., Authorize the General Manager to renew benefit contracts with Kaiser, PacifiCare, Valley Health Plan, Delta Dental, Pacific Union Dental for VTA employees and retirees for calendar year 2005.  Authorize the General Manager to execute a contract with Custom Benefits Administrators for one year for flexible spending account plan administration and Metropolitan Life Insurance Company for life, accidental death and dismemberment, and long-term disability insurance for three years; Agenda Item #13., Authorize the General Manager to execute task order contracts for the preparation of environmental compliance documents and other environmental support services for highway, transit and related facility projects with the following firms as funds become available for each project.  Each contract will be for a maximum three-year period with an option for two additional years with a total value not to exceed $2,400,000 for all agreements; Agenda Item #14., Authorize the General Manager to amend the contract with Mark Thomas & Co. for final design and design support during construction of the River Oaks Bicycle and Pedestrian Bridge, increasing the approved contract value by $52,500 for a new total contract value not to exceed $570,000; Agenda Item #16., Reaffirm the Santa Clara Valley Transportation Authority (“VTA”) Investment Policy on Unrestricted and Restricted Funds and the delegation of authority; Agenda Item #17., Adopt an amended permit fee schedule and policy adding charges for Restricted Area Access Permits, allowing the General Manager to enter into mutual fee waiver agreements with other public entities, and exempting projects undertaken pursuant to VTA cooperative agreements from fee collection requirements; and Agenda Item #18., Adopt an oppose position for Proposition 68 and 70, two competing measures appearing on the November 2004 general election ballot relating to the expansion of casino-style gambling across California.

REGULAR:   Agenda Item # 15., Authorize the General Manager to execute a contract with Burson – Marsteller for community outreach, public education, and marketing services, for an amount not to exceed $7,700,000.  The contract will be for an initial three-year period with two optional one-year extensions.

Announcements

Queried about the VTA Transit Operating and Capital Scenarios and when they would be presented to the Board of Directors for review and comment.   Staff responded that the scenarios will be presented at the Friday, October 1, 2004 VTA Board of Directors Workshop Meeting.

Announced the 85/101 Interchange Opening Ribbon Cutting Ceremony scheduled for Monday, September 20, 2004, at 10:30 a.m. held at the Caltrans Maintenance Facility.

ADJOURNED at 12:58 p.m.