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PUBLIC PRESENTATIONS

Barbara Rhodes, Interested Citizen, expressed concern regarding accessibility issues with the Community Bus Program in Los Gatos.  Ms. Rhodes encouraged VTA Board of Directors to take the time to review the July 13, 2005 Committee for Transit Accessibility (CTA) Meeting Minutes.  Ms. Rhodes stressed importance for VTA Board of Directors to re-evaluate the Community Bus Program.

ORDERS OF THE DAY

The Committee of the Whole removed Agenda Item # 7., Committee for Transit Accessibility Report from the Consent Agenda to the Regular Agenda.

The Committee of the Whole noted Revised Agenda Item # 20., Authorize the General Manager to execute a contract in the amount of $9,412,520 with Graniterock Company doing business as Pavex Construction Division, the lowest responsible bidder, for construction of the Route 17 Improvements – Project 17E, a 1996 Measure B Transportation Improvement Program (MBTIP) project on the Regular Agenda.

The Committee of the Whole approved the Orders of the Day.

CONSENT AGENDA

The Committee of the Whole received and filed   the Report on Santa Clara Valley Transportation Authority Investments for the Months of April and May 2005.

The Committee of the Whole received and filed the Monthly Legislative Report for June 2005.

The Committee of the Whole received and filed the Report on the Vasona Light Rail Project for the Months of May/June 2005.

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

Receive and file the Committee for Transit Accessibility Report.

The Committee of the Whole approved submitting a recommendation to the Board of Directors to authorize the General Manager to amend the total authorized budget for the Vasona Light Rail Project Completion Contract with George Bianchi Construction Inc. by an amount of $300,000, to accommodate added completion work, for a new authorized amount of $1,422,720.

The Committee of the Whole approved submitting a recommendation to the Board of Directors to authorize amendment of VTA’s 457 Deferred Compensation Plan to incorporate provisions mandated by Internal Revenue Service regulations, to incorporate changes to certain administrative provisions of the Plan, and authorize staff to make plan revisions as needed in the future to maintain the plan’s compliance with tax laws and regulations.

The Committee of the Whole approved submitting a recommendation to the Board of Directors to authorize amendment of VTA’s 401 (a) Money Purchase Plan for the General Manger to include the provisions of the new General Manager’s employment agreement, approve changes to the 401 (a) Plan to conform it to changes made to the 457 Plan, and authorize staff to make plan revisions as needed in the future to maintain the Plan’s compliance with tax laws and regulations.     

The Committee of the Whole approved submitting a recommendation to the Board of Directors to approve termination of VTA’s existing 401 (a) Money Purchase Plan for Executive Management and Non-Represented Management employees and adopt a new 401 (a) Money Purchase Plan effective January 1, 2006 that includes all Non-Represented employees, and authorize staff to make Plan revisions as needed in the future to maintain the plan’s compliance with tax laws and regulations. 

The Committee of the Whole approved submitting a recommendation to the Board of Directors to adopt the final resolution and the contract amendment to amend the CalPERS contract to allow final compensation to be determined under Government Code §20042 – One-Year Final Compensation – for employees covered under the CalPERS retirement plan. 

The Committee of the Whole approved submitting a recommendation to the Board of Directors to ratify the appointment of Christopher T. Hauge to the Bicycle and Pedestrian Advisory Committee (BPAC) representing the City of Morgan Hill for the term ending June 30, 2006. 

The Committee of the Whole approved submitting a recommendation to the Board of Directors to authorize the General Manager ProTempore to amend the contract with Brian Kangas Foulk for design services for the State Route 17 Corridor – Project E, to increase the approved contract value by $150,000 for a new total contract value of $1,292,762; and to extend the contract term through September 30, 2006. 

The Committee of the Whole approved submitting a recommendation to the Board of Directors to approve a one-year suspension of Intersection Traffic Level of Service Monitoring, which is part of the 2005 Annual Congestion Management Program Monitoring and Conformance Requirements. 

The Agenda was taken out of order.

Board Member Chu took his seat at 12:05 p.m.

Ex-Officio Board Member McLemore took his seat at 12:06 p.m.

REGULAR AGENDA

Staff provided a brief overview on the July 13, 2005 CTA Meeting Minutes regarding the Community Bus Program, Paratransit Eligibility Certification Program, Disability Services Orthopaedic Hospital and NovaCare contracts, Community Plan, and Paratransit Services Fare Policy.

David Julian, CTA Chairperson, expressed concern and encouraged VTA Board of Directors to review the information regarding the Community Bus Program.  Mr. Julian encouraged VTA Board of Directors to cancel contracts with Disability Services Orthopaedic Hospital and NovaCare regarding the Paratransit Eligibility Certification Program.  Mr. Julian expressed appreciation to staff and CTA Securement Subcommittee for their diligent work and efforts with the Bus Securement Policy Program.

Ms. Rhodes requested and encouraged VTA Board of Directors to carefully review the July 13, 2005 CTA Meeting Minutes.  Ms. Rhodes noted importance regarding information provided by CTA as an Advisory Committee to the VTA Board of Directors.  Ms. Rhodes stressed importance for VTA Board of Directors to review and consider the recommendations provided by CTA. 

Responded that VTA Board of Directors review and consider all information and reports received. 

Ms. Rhodes requested that VTA Board of Directors review Ms. Mitchell’s report on the Community Bus Program.  Ms. Rhodes noted concern regarding implementation of a service program that is not fully accessible.

The Committee of the Whole received and filed the Committee for Transit Accessibility Report.

Alternate Board Members Kennedy and Sandoval took their seats at 12:15 p.m.

Aaron Morrow, CTA Vice Chairperson, noted appreciation and thanked VTA Board of Directors for opportunity to speak to the Board of Directors on this item.  Mr. Morrow stressed importance and benefit to reduce the CTA quorum from 11 to 9 due to the fact that CTA is a group with various health issues and concerns.  Mr. Morrow noted opposition to the section of the recommendation regarding a Second Vice Chairperson.   Mr. Morrow noted support to the section of the recommendation for the addition of an Ex-Officio Board Member to CTA to keep the channel of communication open and to create a better working relationship with the VTA Board of Directors.

Mr. Julian expressed support of a Second Vice Chairperson on CTA in the event that circumstances arise and Vice Chairperson and Chairperson are unavailable or unable to preside over the Committee Meeting.  Mr. Julian expressed support of the recommendation of an Ex-Officio Board Member on CTA.  Mr. Julian noted support to reduce the number of affirmative votes to pass an item. 

Queried about the legality of reducing the number of affirmative votes when the Committee has a total membership of 22 members.   Counsel responded that it is not illegal and added staff has recommended an alternative to satisfy concerns.  Counsel noted staff’s proposal of 9 affirmative votes or the majority of those present, whichever, is greater; therefore, address the concerns of CTA and also if more CTA Members are present then a majority vote would be required. 

Mr. Julian expressed support as the CTA Chairperson to staff’s alternate recommendation regarding the affirmative votes. 

Expressed support and noted reasonable request as long as Counsel does not see anything wrong in the legality of the reduction in number of affirmative votes.

Queried about average attendance of members at CTA Meetings.  Mr. Julian responded that he was unable to provide the information at this time.  Ms. Rhodes responded that not having a complete membership is hampering CTA Committee business.

Asked if the recommended proposal would not change the current quorum from 11.  Staff responded that the quorum would remain 11.

Noted importance of Committee Members’ attendance and participation in their Advisory Committee to address issues and conduct Committee business.   Noted opposition to change Committee quorum and noted that the Committee of the Whole will forward the recommendation to the August 4, 2005 VTA Board of Directors Regular Meeting for consideration.

Recommended to add a Second Vice Chairperson, add a VTA Board of Director as a Non-Voting Ex-Officio Member, and reduce the number of affirmative votes needed to pass an item from 11 to 9 without a change in quorum. 

Noted importance of commitment to the Committee; however, noted many issues that impact individuals with permanent disabilities. 

Referenced VTA Board of Director’s prior decision regarding Policy Advisory Committee (PAC) quorum and noted that CTA has a different character.   Expressed appreciation to CTA for their diligent and extraordinary work of providing appropriate advice to VTA Board of Directors.  Stressed importance to reduce the affirmative vote since the Committee Members are obviously dedicated; however, commented many circumstances that cannot be controlled; therefore, noted support regarding all three recommendations.

Expressed importance and seriousness regarding the number of vacancies in the Committee and the difficulty to recruit membership; therefore, noted support of the recommendation.   Staff responded that staff is in the process to fill the vacancies and noted the identification of three nominations to CTA.

Counsel noted staff’s alternate recommendation that the quorum remains the same 11 members and that all official acts require the vote of 9 members or a majority of the members present, whichever is greater.

Expressed appreciation and thanked CTA Members for their diligent work and effort regarding CTA Committee business.

The Committee of the Whole approved submitting a recommendation to the Board of Directors to consider amending the bylaws for the Committee for Transit Accessibility (CTA) to (1) add a Second Vice Chairperson, (2) add a VTA Board of Directors member as a non-voting ex-officio member, and (3) reduce the number of affirmative votes needed to pass an item to 9 from the current 11, or a majority of the members present, whichever is greater without a change in the quorum. 

The Committee of the Whole approved submitting a recommendation to the Board of Directors to authorize the General Manager ProTempore to amend the contract with Santa Clara Valley Highway Associates for project management services for Valley Transportation Plan Highway Projects to add $2,849,250 and establishing a new total contract value of $27,958,772.

The Committee of the Whole approved submitting a recommendation to the Board of Directors to authorize the General Manger ProTempore to execute a contract with Mark Thomas & Company for Environmental Document and Preliminary Engineering services for the Interstate 280/Interstate 880/Stevens Creek Boulevard Interchange Project for a total contract value of $1,000,000. 

Noted comment by Board Member Gage regarding great enthusiasm and support for the State Route 152/156 Interchange Project. 

Stressed concern and noted importance regarding the work on the State Route 152/156 Interchange Project.  Noted support regarding that VTA Board of Directors moving State Route 152/156 Interchange Project forward and added that safety is the highest priority.

The Committee of the Whole approved submitting a recommendation to the Board of Directors to approve the programming of $3.0 million in Local Program Reserve funds for environmental and right-of-way support phases of the State Route 152/156 Interchange Project. 

The Committee of the Whole approved submitting a recommendation to the Board of Directors to approve the programming of Fiscal Year 2006 Federal Surface Transportation Program funds to the local streets and roads rehabilitation projects. 

OTHER ITEMS

The Committee of the Whole received and filed the FY 2005 Third Quarter Transit Operations Performance Report.

The Committee of the Whole received and filed the Progress Report on the Zero Emission Buses (ZEB) Demonstration Program.

Committee Staff Report: 

There was no Committee Staff Report.

Chairperson’s Report:  Acknowledged and thanked VTA Board of Directors for their attendance and participation within the Committee of the Whole Meeting.  Thanked staff and VTA Board of Directors for their diligent work and efforts within the organization to address issues. 

Determined Consent Agenda for the August 4, 2005 Board Meeting

CONSENT:  Agenda Item # 8., Approve increasing the Downtown Light Rail Platform Retrofit Project budget by $2.5 million to $18.5 million; Agenda Item # 9., Authorize the General Manager to amend the total authorized budget for the Vasona Light Rail Project Completion Contract with George Bianchi Construction Inc. by an amount of $300,000, to accommodate added completion work, for a new authorized amount of $1,422,720; Agenda Item # 10., Authorize amendment of VTA’s 457 Deferred Compensation Plan to incorporate provisions mandated by Internal Revenue Service regulations, to incorporate changes to certain administrative provisions of the Plan, and authorize staff to make plan revisions as needed in the future to maintain the plan’s compliance with tax laws and regulations; Agenda Item # 11., Authorize amendment of VTA’s 401 (a) Money Purchase Plan for the General Manger to include the provisions of the new General Manager’s employment agreement, approve changes to the 401 (a) Plan to conform it to changes made to the 457 Plan, and authorize staff to make plan revisions as needed in the future to maintain the Plan’s compliance with tax laws and regulations; Agenda Item # 12., Approve termination of VTA’s existing 401 (a) Money Purchase Plan for Executive Management and Non-Represented Management employees and adopt a new 401 (a) Money Purchase Plan effective January 1, 2006 that includes all Non-Represented employees, and authorize staff to make Plan revisions as needed in the future to maintain the plan’s compliance with tax laws and regulations; Agenda Item # 13., Adopt the final resolution and the contract amendment to amend the CalPERS contract to allow final compensation to be determined under Government Code §20042 – One-Year Final Compensation – for employees covered under the CalPERS retirement plan; Agenda Item # 14., Ratify the appointment of Christopher T. Hauge to the Bicycle and Pedestrian Advisory Committee (BPAC) representing the City of Morgan Hill for the term ending June 30, 2006; Agenda Item #15., Authorize the General Manager ProTempore to amend the contract with Brian Kangas Foulk for design services for the State Route 17 Corridor – Project E, to increase the approved contract value by $150,000 for a new total contract value of $1,292,762; and to extend the contract term through September 30, 2006; Agenda Item #16., Authorize the General Manager ProTempore to: (1) execute a cooperative agreement with the City of Sunnyvale that specifies the funding and project development responsibilities for the U.S. 101/Mathilda Avenue Interchange and the State Route 237 HOV Extension and Mary Avenue Overcrossing Projects; (2) approve adding these projects to the VTA Capital Budget; and (3) approve the use of $250,000 in Local Program Reserve Funds as the VTA share of project funding; Agenda Item # 17., Authorize the General Manager ProTempore to amend the contract with Parsons Transportation Group for final design and construction support services of the State Route 237/Interstate 880 Interchange Project, increasing the approved contract value by $248,800 for a new total contract value of $5,755,139 and extending the contract term through December 31, 2006; Agenda Item # 18., Approve a one-year suspension of Intersection Traffic Level of Service Monitoring, which is part of the 2005 Annual Congestion Management Program Monitoring and Conformance Requirements; Agenda Item # 19., Consider amending the bylaws for the Committee for Transit Accessibility (CTA) to (1) add a Second Vice Chairperson, (2) add a VTA Board of Directors member as a non-voting ex-officio member, and (3) reduce the number of affirmative votes needed to pass an item to 9 from the current 11, which is a majority of the total membership; Agenda Item # 20., Authorize the General Manager to execute a contract in the amount of $9,412,520 with Graniterock Company doing business as Pavex Construction Division, the lowest responsible bidder, for construction of the Route 17 Improvements – Project 17E, a 1996 Measure B Transportation Improvement Program (MBTIP) project; Agenda Item # 21., Authorize the General Manager ProTempore to amend the contract with Santa Clara Valley Highway Associates for project management services for Valley Transportation Plan Highway Projects to add $2,849,250 and establishing a new total contract value of $27,958,772; Agenda Item # 22., Authorize the General Manger ProTempore to execute a contract with Mark Thomas & Company for Environmental Document and Preliminary Engineering services for the Interstate 280/Interstate 880/Stevens Creek Boulevard Interchange Project for a total contract value of $1,000,000; Agenda Item # 23., Approve the programming of $3.0 million in Local Program Reserve funds for environmental and right-of-way support phases of the State Route 152/156 Interchange Project; and Agenda Item # 24., Approve the programming of Fiscal Year 2006 Federal Surface Transportation Program funds to the local streets and roads rehabilitation projects.

REGULAR:  NONE

Announcements

Introduced and welcomed Jayme Kunz, the new Marketing Communication and Public Affairs Manager, to the Committee of the Whole Members. 

ADJOURNED at 12:56 p.m.