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Board Minutes


BOARD OF DIRECTORS MEETING

Thursday, March 6, 2003

Board of Supervisors' Chambers
County Government Center
70 West Hedding Street
San Jose, California

1. CALLED TO ORDER at 6:07 PM
 
2. ROLL CALL

Members Present: Alvarado, Beall (Ex-Officio), Chavez, Cortese, Dando, Gage, Gonzales, Kennedy, La Poll, McHugh, McLemore, Mossar, Pirzynski, Springer, Valerio, Williams

Members Absent: Yeager

  
3. ORDERS OF THE DAY

Removed from the Agenda Item #17. Approve revised Fiscal Year 2003/04 and Fiscal Year 2004/05 Budget Assumptions.

Accepted Orders of the Day.

Member Beall took his seat at 6:10 p.m.
Member La Poll took his seat at 6:11 p.m.

  
4. AWARDS AND COMMENDATIONS

A. Employees of the Month for March 2003 and Supervisor of the Quarter

Presented awards to Ted Kraynick, River Oaks Operations, James Wilhelm, River Oaks Administration and Robert Smith, Guadalupe Maintenance as our Employees of the Month for March 2003 and Clyde Davis as Supervisor of the Quarter.

B. Employees of the Year

Acknowledged Robert Enriquez, Maintenance; George Suarez, Operations and James Vigilante, Administration, as our Employees for the Year 2002 and Timothy Ellenberger as Supervisor of the Year 2002.

C. Safe Driving Award (40 Years)

Presented a Safe Driving Award to Don Angus, North Division Coach Operator, for 40 years of safe driving.

  

CONSENT AGENDA

Removed from the Consent Agenda and placed on the Regular Agenda: Item #7., Authorize the General Manager to amend the contract with HMH, Inc. (HMH) for final design and design support during construction of the Route 101/Bailey Avenue Interchange Project by $670,000 for a new total contract value not to exceed $770,000.

Removed from the Consent Agenda and placed on the Regular Agenda: Item #13., Approve supplemental salary and health benefits for up to one year for eligible employees called to active military service as a result of terrorist activities or impending or actual armed conflict. These benefits shall follow exhaustion of the mandated 30-calendar day continuation granted by law.

  
5. Approved the Minutes of the Regular Board of Directors Meeting of February 6, 2002.
  
 

ADMINISTRATION AND FINANCE COMMITTEE

6. Authorized the General Manager to execute a contract with Granite Construction Company/CC Meyers, a Joint Venture, the lowest responsible bidder in the amount of $14,848,746 for construction of the US 101/Bailey Avenue Interchange project, which is part of the VTP 2020 Highway Program. �
  
7. (Removed from the Consent Agenda and placed on the Regular Agenda.)

Authorize the General Manager to amend the contract with HMH, Inc. (HMH) for final design and design support during construction of the Route 101/Bailey Avenue Interchange Project by $670,000 for a new total contract value not to exceed $770,000. �
  
8. Authorized the General Manager to amend the contract with HMH, Inc. (HMH) to provide additional funds for final design services and design support during construction of the Route 152 Safety Improvement Project, increasing the contract value by $584,822 for a new total contract value not to exceed $3,162,267. �
  
9. Authorized the General Manager to execute a Cooperative Agreement with the City of San Jose to fund utility relocation of the I-880/Coleman Avenue Interchange Project.
  
10. Adopted Resolution No. 03.03.04 authorizing the filing of an application with the California Resources Agency for allocation of funds from the Environmental Enhancement and Mitigation (EEM) Program for the Route 85/101 South Interchange Project, and authorize the General Manager to execute the grant agreement. �
  
11. Authorized the General Manager to execute an amendment to the Attorney Services Agreement with the firm of Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP to add $75,000, for a new not-to-exceed contract value of $975,000. �
  
12. Authorized the General Manager to execute an agreement with the Santa Clara County Open Space Authority, Santa Clara Valley Water District, Santa Clara County and City of San Jose for the purchase of mitigation habitat for the Bay Checkerspot Butterfly for an amount not to exceed $4.4 million; de-commit $3.8 million in funds reserved for mitigation of the I-880/Dixon Landing Road Interchange to be used for the habitat purchase and; authorized the use of $600,000 in Local Program Reserve for the habitat purchase.
  
13. (Removed from the Consent Agenda and placed on the Regular Agenda.)

Approve supplemental salary and health benefits for up to one year for eligible employees called to active military service as a result of terrorist activities or impending or actual armed conflict. These benefits shall follow exhaustion of the mandated thirty-calendar day continuation granted by law. �
  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

There were no items submitted for the Regular Agenda by the Congestion Management Program and Planning Committee.
  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

14. Authorized the General Manager to amend the contract with R&L Brosamer, Inc., to accommodate changes due to utility conflicts on the Capitol Light Rail Project Civil, Track, Signaling and Landscaping contract in an amount of $2,800,000 for a new authorized amount of $47,709,322. �
  
15. Authorized the General Manager to amend the total authorized funding for the Stacy and Witbeck, Inc., civil construction contract from San Jose Diridon Station to Winchester Station by an amount of $2,075,000 to fund the Kingman and Meridian bridges construction change order for a new contract amount of $29,568,701. This contract is 80 percent federally funded. �
  
16. Approved the final design of artist Wick Alexanders entry markers for the Hostetter, Penitencia Creek and Alum Rock Park and Ride lots in the Tasman East/Capitol Light Rail Projects. �
  
  
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REGULAR AGENDA

  
7. Authorized the General Manager to amend the contract with HMH, Inc. (HMH) for final design and design support during construction of the Route 101/Bailey Avenue Interchange Project by $670,000 for a new total contract value not to exceed $770,000 as amended noting approval with the understanding that VTA delay any relocation work until formal approval of the transaction by the San Jose City Council at the March 18, 2003 meeting.�
  
13.

Approved supplemental salary and health benefits for up to one year for eligible employees called to active military service as a result of terrorist activities or impending or actual armed conflict. These benefits shall follow exhaustion of the mandated thirty-calendar day continuation granted by law.

Urged a timely process to notify affected personnel and their families.

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - Forrest Williams

17. (Removed from the Agenda.)

Approve revised Fiscal Year 2003/04 and Fiscal Year 2004/05 Budget Assumptions. �
  
18. Adopted on a vote of 9 ayes 3 nayes and 0 abstentions a support position for ACA 7 (Dutra), which changes the voting requirement for approving local transportation sales tax ballot measures from a two-thirds to a 55 percent majority as amended to add the language "to place ACA 7 (Dutra) on the ballot" and requested that final language of ACA 7 (Dutra) legislation be brought back to the Board for a final vote to support placing it on the ballot. (Board Members Cortese, Mossar and Springer opposed.)
  

Allen Triplett, Local 265, ATU, expressed support regarding the sales tax ballot measure and stressed the importance of maintaining service.

Marilyn Smith, Local 715, SEIU, expressed commitment to go to the legislature and voters for funding.

Ed Delores, Local 265, ATU, expressed concern regarding the excess of VTA department supervisors.

Bruce M. Stevens, Interested Citizen, recommended investigation into VTAs spending practices.

Urged continued lobbying in favor of expanded language for a broader bill to include all transportation taxes.

Bobby John Turner Sr., Local 265 ATU, expressed concern regarding layoffs.

Expressed concern that a vote on the motion is premature given that the Ad-Hoc Financial Stability Committee has not yet completed their work.

Noted that the Metropolitan Transportation Committee (MTC) urges support for the bill.

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - Cindy Chavez

19. (Deferred to the April 3, 2003 Board of Directors Regular Meeting and referred to the March 20, 2003 Congestion Management Planning and Programming Meeting for review.)

Adopt Project Selection and Programming Procedures for the Valley Transportation Plan 2020 (VTP 2020), Local Streets and County Roads Program.

Michael Murdter, County of Santa Clara Director of Roads and Airports, recommended that the language making expressways ineligible be stricken from the criteria.�

Requested Member Agency discussion between cities and the County regarding the VTP 2020 Local Streets and County Roads Program criteria.

Requested that the VTP 2020 Local Streets and County Roads Program return to the Congestion Management Programming and Planning Committee for review and requested staff to concurrently prepare a timeline for how the expressway criteria discussion will proceed.

Zakhari Cribari, Interested Citizen, suggested that all projects and options regarding projects be brought to the public for input.

  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE CHAIRPERSON'S REPORT - Manuel Valerio

 There were no items submitted for the Regular Agenda by the Transit Planning and Operations Committee.
  
  
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OTHER ITEMS

20. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no Items of Concern and Referral to Administration.
  
21. LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.
  
22. REPORT FROM AD-HOC FINANCIAL STABILITY COMMITTEE

Heard a report that the Ad-Hoc Financial Stability Committee, at its meeting on March 5, 2003: 1) received a presentation from Doug Carter, Booz/Allen/Hamilton on a long-term fare policy scenario with a recovery goal of 20 to 25 percent over a three-to-six-year timeframe and 2) received a presentation from Bob Peskin, AECOM on Denver Colorados experience with competitive contracting. In summary, competitive contracting will save money but is difficult to be successful. The Ad-Hoc Financial Stability Committee will make full recommendations to the Board of Directors in April 2003. The next meeting is scheduled for March 12, 2003, at 9:00 a.m. in the Sheriffs Auditorium.

Alfonzo DeAlba, San Jose State University, expressed concern about potential fare increases and the impact on students.

Eugene Bradley, Santa Clara VTA Riders Union, distributed a Transit Medicine Proposal and stated that the Ad-Hoc Financial Stability Committee is not interested in protecting transit riders.

David Schonbrunn, TRANSDEF, expressed concern regarding service cuts and suggested that the Capital Plan be re-thought.

Stewart Cohen, Transportation and Land Use Coalition, distributed Transportation Injustice which analyzes finances for the BART Project and recommended VTA build what it can afford.

Jerry Grace, Interested Citizen, encouraged everyone to attend the next Ad-Hoc Financial Stability Committee Meeting on Wednesday, March 12, 2003.

  
23. REPORTS FROM ADVISORY COMMITTEES

A. Committee for Transit Accessibility (CTA)

Accepted as contained in the Agenda Packet.

B. Citizens Advisory Committee (CAC)

Accepted as contained in the Agenda Packet.

C. Bicycle & Pedestrian Advisory Committee (BPAC)

Accepted as contained in the Agenda Packet.

D. Technical Advisory Committee (TAC)

Accepted as contained in the Agenda Packet.

E. Policy Advisory Committee (PAC)

Accepted as contained in the Agenda Packet.

  
24. REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS

A. Peninsula Corridor JPB

Heard a report that the Peninsula Corridor JPB, at its meeting on March 6, 2003: 1) received the Monthly Performance Report which indicated an eight percent drop in weekday ridership compared to the January 2002 timeframe; 2) scheduled a public hearing for April 3, 2003, to consider changes to the Caltrain fare structure and fare media as well as proposed changes to fare collection and enforcement procedures resulting in a transition to a proof of payment fare system, 3) discussed the Caltrain Visioning and Guiding Principles document as the first step in the Caltrain Strategic Plan and 4) authorized the Executive Director to execute a change order to the north CTX contract for Phase 1 construction of the Bayshore Station Project at a cost of $2 million or three percent of the total CTX budget.

B. Capitol Corridor JPB

Heard a report that the Capitol Corridor JPB, at its meeting on February 19, 2003: 1) approved the Capitol Corridor FY 03/04 FY 04/05 Business Plan update, 2) authorized staff to participate in the planning and development of the Shenn Street Rail Connection Study as part of the proposed Union City Intermodal Rail Station, 3) approved the position of supporting ACA #7 and supporting in concept other legislation that reduces the threshold for approval of transportation sales tax measures and 4) received a report that the Capital Corridor January 2003 monthly ridership increased 5.6 percent over January 2002.

C. Altamont Commuter Express (ACE) JPB

There was no report on the Altamont Commuter Express (ACE) JPB.

D. Metropolitan Transportation Commission (MTC)

Heard a report that the Metropolitan Transportation Commission (MTC) at its meeting on February 26, 2003: 1) elected Supervisor Steve Kinsey, Marin County as Chair of MTC and Jon Rubin, San Franciscos Mayor Appointee, as Vice Chair of MTC; 2) endorsed Smart Growth Policies as developed by the Regional Agencies Smart Growth Steering Committee and 3) developed a report to the San Francisco Bay Area State Legislative Delegation and visited Sacramento to inform legislators of the impacts of the Governors proposed budget on transportation, negative cash flow and projects at risk in the Bay Area.

  
25. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A. Tasman/Capitol Light Rail PAB

There was no report on the Tasman/Capitol Light Rail PAB.

B. Vasona Light Rail PAB

There was no report on the Vasona Light Rail PAB.

C. Silicon Valley Rapid Transit Corridor PAB

There was no report on the Silicon Valley Rapid Transit Corridor PAB.

D. Caltrain PAB

�There was no report on the Caltrain PAB.

E. Downtown/East Valley PAB

Heard a report that the DTEV PAB: 1) met as a Committee of the Whole at its meeting on February 6, 2003 2) received a staff presentation on the status report for the Capitol Expressway Light Rail Project, 3) confirmed a community meeting on February 19, 2003 focusing on the Story Road/Ocala Avenue area, 4) announced an open house scheduledfor April 9, 2003, at 6:00 p.m. at Ocala Middle School that will focus on the entire Capitol Expressway Light Rail project, 5) received a status report for the Santa Clara/Alum Rock Corridor and 6) discussed the two PAB-hosted workshops on February 26 and 27, 2003. The

DTEV PAB also met on March 6, 2003, at 3:00 p.m. VTA staff presented their preliminary recommendations for the Santa Clara/Alum Rock Corridor. The PAB will hold a Special Meeting on March 24, 2003, to receive community comment on the staff recommendation.

F. Highway PAB - South

There was no report on the Highway PAB South.

  
26. REPORT FROM THE CHAIRPERSON

There was no report from the Chairperson.
  
27. REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.
  
28. ANNOUNCEMENTS

Announced the unveiling of a cultural initiative pilot project Art on Route and commended staff.�
  
29. PUBLIC PRESENTATIONS

Ross Signorino, Interested Citizen, expressed concern regarding Sport Utility Vehicles (SUV).

Bruce Stevens and Eugene Bradley, Interested Citizens, requested that Public Presentations be moved to the beginning of the Agenda.

Jim Fink, Interested Citizen, expressed concern regarding the nine percent service cuts.

J.J. Vogel, Watch Dog Television Productions and VTA Employee, expressed concern regarding certain expenditures and requested an investigation regarding a potential conflict of interest relating to the sale of VTA property to the City of San Jose.

Members Mossar, Alvarado and Chavez left the meeting at 8:00 p.m.

  
30. CLOSED SESSION at 8:00 PM

A. Existing Litigation Conference with Legal Counsel
[Government Code Section 54956.9(a)]

Name of Case: Homer J. Olsen v. VTA
(Santa Clara County Superior Court Lead Case No. CV785402, Consolidated Cases)

B. Conference with Labor Negotiators
[Government Code Section 54957.6]

Employee Organizations:
County Employees Management Association (CEMA)
Service Employees International Union (SEIU) Local 715
Transportation Authority Engineers and Architects (TAEA)

VTA Designated Representatives:
Kaye L. Evleth, Chief Administrative Officer
Scott Buhrer, Chief Financial Officer
Robert Escobar, Manager, Office of Employee Relations

RECONVENED TO OPEN SESSION at 8:08 PM
  
31. CLOSED SESSION REPORT

A. Existing Litigation Conference with Legal Counsel
[Government Code Section 54956.9(a)]

Name of Case: Homer J. Olsen v. VTA
(Santa Clara County Superior Court Lead Case No. CV785402, Consolidated Cases)

There was no reportable action taken during Closed Session.

B. Conference with Labor Negotiators
[Government Code Section 54957.6]

Employee Organizations:
County Employees Management Association (CEMA)
Service Employees International Union (SEIU) Local 715
Transportation Authority Engineers and Architects (TAEA)

VTA Designated Representatives:
Kaye L. Evleth, Chief Administrative Officer
Scott Buhrer, Chief Financial Officer
Robert Escobar, Manager, Office of Employee Relations

There was no reportable action taken during Closed Session.
  
32. ADJOURNED at 8:09 PM
 
  
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