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Board Minutes


BOARD OF DIRECTORS MEETING

Thursday, April 3, 2003

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

1.

CALLED TO ORDER at 6:10 p.m.

  
2. ROLL CALL

Members Present:���� Alvarado, Chavez, Cortese, Dando, Dixon, Gage, Gonzales, Kennedy, McHugh, McLemore, Mossar, Pirzynski, Springer, Valerio, Williams

Members Absent: Beall (Ex-Officio), La Poll, Yeager

  
3. ORDERS OF THE DAY

Added Agenda Item # 32.A.X. to Closed Session.

Conference with Real Property Negotiator

[Government Code 54956.8]

Purchase property, approximately 48 acres, at Newhall Yard in the cities of San Jose and Santa Clara between Newhall Street and Brokaw Road.

Negotiator for VTA: Scott Buhrer, Chief Financial Officer

Negotiator for Union Pacific Railroad: Rick L. Gooch, Director of Special Properties, Sales & Development

Added Agenda Item # 32.X. Adopt a Resolution authorizing the General Manager or Chief Financial Officer to take all actions required to complete a series of separate but similar Lease To Service Contract transactions (collectively, the Transaction) relating to up to 100 low-floor light rail vehicles and to file a validation action in the Santa Clara County Superior Court with respect to one or more of such Transactions.

Deferred Agenda Item # 19. Authorize the General Manager to execute a tag-on procurement contract with GE Transportation Systems in an amount not to exceed $1,411,800, for the fabrication, delivery, and testing of signal equipment for the Tamien to Lick Double Track Project, until the contract is finished. Noted that the contract is funded as part of the Traffic Congestion Relief Program (TCRP) and added that TCRP funding is not available. Noted that the item will come back to VTA Board of Directors for an alternate funding source.

Removed Agenda Item # 20. Abandon an eminent domain lawsuit authorized by the Resolution of Necessity identified as Agenda Item # 5, adopted by Santa Clara Valley Transportation Authority Board of Directors on October 10, 2002 for property located at 331 North Capitol Avenue, San Jose, California, Parcel 7673 under the ownership of Jayvadan N. Itchhaporia, et al. for the Capitol Light Rail Project from the Consent Agenda and placed on the Regular Agenda.

Accepted Orders of the Day.

  
4. AWARDS AND COMMENDATIONS

Presented awards to John Lageschulte, River Oaks Administration and Gilbert Urango, Chaboya Operations as our Employees of the Month for April 2003. Henry Bala, Chaboya Maintenance was unable to attend.

The Agenda was taken out of order.

  
32.

CLOSED SESSION at 6:15 p.m.

Member Chavez took her seat at 6:17 p.m.

RECONVENED TO OPEN SESSION at 6:26 p.m.
  
32.X.

Adopted Resolution No. 03.04.05 authorizing the General Manager or Chief Financial Officer to take all actions required to complete a series of separate but similar Lease To Service Contract transactions (collectively, the Transaction) relating to up to 100 low-floor light rail vehicles and to file a validation action in the Santa Clara County Superior Court with respect to one or more of such Transactions.

  
5.

Received Presentation from San Jose State Universitys Transit Access Program.

Queried on cost per rider.

Requested that VTA staff and SJSU meet to discuss the real numbers relating to the SJSU Transit Access Program.�

Member Gonzales left his seat at 6:36 p.m.

Member Gonzales took his seat at 6:39 p.m.�

Terry Applegate, Interested Citizen, expressed concern regarding the importance of the SJSU Transit Access Program. Ms. Applegate noted the financial impact on the students regarding the fare increase.

Requested that VTA staff and SJSU work together to resolve the issues.

  

CONSENT AGENDA

6.

Approved the Minutes of the Regular Board of Directors Workshop Meeting of February 28, 2003.

  
7.

Approved the Minutes of the Regular Board of Directors Workshop Meeting of March 21, 2003.

  
8.

Approved the Minutes of the Regular Board of Directors Meeting of March 6, 2003.

  
 

ADMINISTRATION AND FINANCE COMMITTEE

9.

Authorized the General Manager to submit a revised grant application to reprogram Federal Fiscal Year 2003 Sec. 5309 Fixed Guideway funds from the Guadalupe Light Rail Station Platform Retrofit project to the Vasona Corridor Light Rail project.

  
10.

Authorized the General Manager to execute Cooperative Agreements with the California Department of Transportation (Caltrans), covering right-of-way activities and construction of the I-880/Coleman Avenue Interchange Project.

  
11.

Authorized the General Manager to amend the contract with Biggs Cardosa Associates, Inc. (Biggs Cardosa) to include final design services for the Route 152/156 Interchange Project, increasing the approved contract value by $2,635,000 for a new total contract value not to exceed $2,898,151 and to extend the term of the contract to April 3, 2006.

  
12.

Adopt a support position for AB 557 (Lowenthal) Yield to transit buses, SB 760 (Scott) Lease/leaseback transactions, ACA 9 (Levine) Local government taxation. Adopt an oppose-unless-amended position for SCA 2 (Torlakson) Local transportation taxes. Adopt a watch position for AB 839 (Salinas) Public transit video recordings.

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

13.

Approved the 2002 Monitoring and Conformance Report Findings.

  
14.

Approved distribution of the Draft FY 03-04 Congestion Management Program (CMP) Work Program, Budget and Member Agency Fees to Member Agencies for review and comment.

  
15.

Adopted Project Selection and Programming Procedures for the Valley Transportation Plan 2020 (VTP 2020), Local Streets and County Roads Program. (Item Referred from March 6, 2003 Board of Directors Meeting.)

  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

16.

Authorized the General Manager to execute a contract with the lowest responsible bidder, Bianchi Amaker Construction, in an amount of $424,032, for the restoration of residential and commercial property along Capitol Avenue that was affected by the construction of the Capitol Light Rail Project.

  
17.

Authorized the General Manager to execute a sole source agreement with VenTek International in an amount not to exceed $2,650,000, for the purchase and installation of 34 Ticket Vending Machines (TVMs) for the Vasona, Capitol, and Tasman East Light Rail Projects.

  
18.

Authorized the General Manager to exercise the two remaining one-year options of the existing contract with Central Equipment Service Company, extending the contract through June 30, 2005, for automotive dispensing equipment (non-fuel) preventive maintenance and repair services. The value of the two option years will not exceed $125,000 for the fourth option year and $128,000 for the fifth option year for a total contract amount of $614,000 for the five-year term of the contract.

  
19.

(Removed from the Consent Agenda and deferred.)

Authorize the General Manager to execute a tag-on procurement contract with GE Transportation Systems in an amount not to exceed $1,411,800, for the fabrication, delivery, and testing of signal equipment for the Tamien to Lick Double Track Project.

  
20.

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

Abandon an eminent domain lawsuit authorized by the Resolution of Necessity identified as Agenda Item #5, adopted by Santa Clara Valley Transportation Authority Board of Directors on October 10, 2002, for property located at 331 North Capitol Avenue, San Jose, California, Parcel 7673 under the ownership of Jayvadan N. Itchhaporia, et al. for the Capitol Light Rail Project.

  
  
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REGULAR AGENDA

  
19.

Deferred authorization of the General Manager to execute a tag-on procurement contract with GE Transportation Systems in an amount not to exceed $1,411,800, for the fabrication, delivery, and testing of signal equipment for the Tamien to Lick Double Track Project, until the contract is finished. Noted that the contract is funded as part of the Traffic Congestion Relief Program (TCRP) and added that TCRP funding is not available. Noted that the item will come back to VTA Board of Directors for an alternative funding source.

  
20.

Authorized General Counsel to abandon an eminent domain lawsuit authorized by the Resolution of Necessity identified as Agenda Item #5, adopted by Santa Clara Valley Transportation Authority Board of Directors on October 10, 2002, for property located at 331 North Capitol Avenue, San Jose, California, Parcel 7673 under the ownership of Jayvadan N. Itchhaporia, et al. for the Capitol Light Rail Project.

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - Forrest Williams

21.

Authorized the General Manager to amend the contract with URS Corporation (URS) for preliminary engineering, environmental clearance and final design of the I-880/Coleman Avenue Interchange Project, increasing the approved contract by $800,000 for a new total contract value not to exceed $7,739,322; and further noted, that the repayment of funds loaned by the City of San Jose Council District 10 for the project will be a high priority for the VTA Board of Directors.

  
 

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

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

Requested that the Standing Committee Chairpersons Report be placed in future VTA Board of Directors Agenda packets; therefore, eliminating the need for the verbal reports.

  
 

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

22.

ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no Items of Concern and Referral to Administration.

  
23.

LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

  
24.

CONSIDER A REPORT FROM AD-HOC FINANCIAL STABILITY COMMITTEE

Heard a report that the Ad-Hoc Financial Stability Committee, at its meeting on Wednesday, April 2, 2003: 1) received and discussed the results of the Interest Assessment survey of Committee and Stakeholder Roundtable Members, 2) received and discussed comments from the Committee and the Stakeholder Roundtable in response to the Consultants Draft Final Recommendations, 3) reached consensus position on a series of consultant recommendations regarding revenue enhancement opportunities and cost efficiencies measures and 4) noted an initial survey distributed to elected officials and stakeholders for input. The next meeting is scheduled for Wednesday, April 9, 2003 at 9:00 a.m. and the last meeting is scheduled for Wednesday, April 16, 2003 at 3:00 p.m. At this meeting the consultants' recommendations will be reviewed and recommendations will be forwarded to the Board of Directors for discussion at the April 25, 2003 VTA Board of Directors Workshop meeting.

David Schonbrunn, Interested Citizen, distributed copies of Legal Opinion Concerning Measure A Flexibility and Discretion to VTA Board of Directors.
Mr. Schonbrunn expressed concern regarding Metropolitan Transportation Commission (MTC) not meeting its regional ridership goals and noted pending service reductions. Mr. Schonbrunn urged the VTA Board of Directors to maintain existing transit service.

Noted that copies of the document were distributed at the
Ad-Hoc Financial Stability Committee Meeting and noted that VTA staff will review the recommendations and forward to the Board of Directors for consideration.

  
25.

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.

  
26.

REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS

A.����������� Peninsula Corridor JPB

Heard a report that the Peninsula Corridor JPB, at its meeting on Thursday, April 3, 2003: 1) received the monthly performance report, which indicated that February 2003 average weekday ridership dropped to 26,245 riders, which is an eight percent decrease from February 2002, 2) after holding a public hearing on the matter, approved changes to the Caltrain fare and zone structure, fare media and fare collection and enforcement procedures, which will result in a transition to a Proof of Payment fare system, 3) received an updated report on the estimated cost for the Caltrain Lenzen Central Maintenance and Operations Facility has increased to $139 million, a 46 percent increase from the previous estimate of $95 million and 4) adopted in principle the Caltrain Visioning and Guiding Principles document as the first step in the development of the Caltrain Strategic Plan.

B.����������� Capitol Corridor JPB

There was no report on the Capitol Corridor JPB.

C.����������� Altamont Commuter Express (ACE) JPB

Heard a report that the Altamont Commuter Express, at its meeting on Monday, March 17, 2003: 1) received the monthly ridership report, which indicated that February 2003 average daily ridership was 2,447, which is 21 percent lower than February 2002 ridership, 2) approved the 2002-2003 Marketing Plan Schedule and Budget Reduction to an amount not to exceed $112,000 and 3) received an update regarding the facilitated process underway to develop a long-term agreement among the member agencies to continue the ACE service while addressing the unique needs of each of the three partner agencies.

D.����������� Metropolitan Transportation Commission (MTC)

Heard a report that the MTC, at its meeting on Wednesday,
March 26, 2003: 1) agreed to form a joint committee with ABAG to consider how to most effectively work toward regional goals, to explore the issue of regional governance, and to propose an inclusive process for developing a framework to address economic, environmental and social equity factors associated with the regions development, 2) in advance of Transportation Equity Act for the 21st Century (TEA-21) Reauthorization, adopted the policies and procedures for a First Cycle Program that will program a minimum level of Surface Transportation Program (STP) and Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds that will carry the region over until Congress authorizes the new federal transportation act and the Commission adopts the 2005 Regional Transportation Plan (RTP), 3) adopted the Short Range Transit Plan (SRTP) Guidelines. In accordance with MTC and Federal Transit Administration (FTA) requirements, every transit operator receiving federal funding must prepare a biennial SRTP, 4) discussed the allocation priorities and strategies for State Transportation Improvement Program (STIP) and Traffic Congestion Relief Program (TCRP) projects and voted to send a letter to the California Transportation Commission (CTC) requesting the CTC refrain from allocating the entire $186 million at its April meeting until there is a broader, more representative statewide list of projects available from which to choose. MTC also requested the CTC consider favorably some creative finance strategies that will be brought forward in April and May that will allow a variety of critical projects in the Bay Area to go forward, and to encourage timely repayment of any loans proposed by local agencies and 5) approved a Support Position on the following pieces of legislation: SB 541 (Torlakson), ACA 9 (Levine), SB 367 (Sher), AB 1409 (Wolk), AB 198 (Nation), AB 231 (Steinberg), and ACR 9 (Chan).

  
27.

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

Heard a report that the Silicon Valley Rapid Transit Corridor PAB, at its meeting on Wednesday, March 26, 2003 that VTA staff presented a status report on the project since the last PAB meeting in October 2002. More specifically, an update was provided on the environmental process, conceptual design, public outreach and involvement, BART coordination efforts, and the Federal Transit Administrations New Starts process. In addition, the PAB received a presentation on the feasibility of using mined construction methods on the BART underground stations and cross-over structure in downtown San Jose. Following the presentation, the PAB endorsed staffs recommendation to not use mined construction for the following reasons: 1) mining methods carry moderate to high risks of settlement on adjacent structures due to soft soil and groundwater conditions, 2) Risk of unexpected difficulties associated with underground conditions, 3) the most feasible mining methods require the same technique to control groundwater as the cut-and-cover method, 4) construction duration is 6 to 9 months longer and cost at least $32 to $72 million more than cut-and-cover and 5) traffic impacts are less, but occur over a longer duration. As a result, the PAB supported using the cut-and-cover method to construct the BART underground stations and cross-over structure, since it is the safest, most economical option, and could be constructed much faster than the mining alternatives.

Requested that the PAB Reports be placed in future VTA Board of Directors Agenda packets; therefore, eliminating the need for the verbal reports.

D.����������� Caltrain PAB

There was no report on the Caltrain PAB.

F.����������� Highway PAB - South

There was no report on the Highway PAB South.

  
28.

REPORT FROM THE CHAIRPERSON

There was no report from the Chairperson.

  
29.

REPORT FROM THE GENERAL MANAGER

Heard a report regarding the Wednesday, April 2, 2003 Career Opportunity Event held for displaced VTA employees and noted the outplacement efforts by staff to assist the affected employees with resume writing and interviewing skills.

  
27.E. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs) (continued)

Downtown/East Valley PAB

Heard a report that the Downtown/East Valley PAB, at its Special Meeting on Monday, March 24, 2003 met at the Mexican Heritage Plaza. The purpose of the special meeting was 1) to receive a presentation on the VTA staff recommendations for the mode and alignment to carry forward in the environmental document for the Santa Clara/Alum Rock Corridor project and 2) to receive public comment on the staff recommendations. The PAB also met on Thursday, April 3, 2003 at 3:00 p.m., received a status report on the Capitol Expressway Light Rail Project, and adopted the staff recommendations for the Santa Clara/Alum Rock Corridor. The recommendations will now be forwarded to the VTA Board of Directors for approval on May 1, 2003. The next Downtown/East Valley PAB meeting is scheduled for 3:00 p.m. on Thursday, May 1, 2003, at San Jose City Hall.

Requested that the PAB Minutes be included in the VTA Board of Directors Agenda packet; therefore, providing additional meeting information and eliminating the need for the verbal report.

  
30.

ANNOUNCEMENTS

There were no Announcements.

  
31.

PUBLIC PRESENTATIONS

Bob Jaffee, Interested Citizen, expressed concern regarding fare increase and service cuts. Mr. Jaffee noted that VTA should try to increase ridership by decreasing fares and increasing service. Mr. Jaffee noted the need for transportation service for the elderly.

Rosemarie Lang, Interested Citizen, expressed concern regarding fare increases and its impact on the disabled and elderly. Ms. Lang noted the importance of the paratransit door-to-door service for the disabled and elderly.

Terry Applegate, Interested Citizen, expressed concern regarding fare increase and service cuts. Ms. Applegate noted VTAs plan to save money by laying off employees and cutting employee benefits.

Tom Fink, ATU Local 265 Representative, expressed concern regarding Agenda Item # 32.A.X. relating to the purchase of property from the Union Pacific Railroad Company at Newhall Yard in the cities of San Jose and Santa Clara between Newhall Street and Brokaw Road. Mr. Fink queried if the purchase was intended for the BART Project.

Member Gonzales left his seat at 7:25 p.m.

Member Gonzales took his seat at 7:27 p.m.

Jean Cecil, Interested Citizen, expressed concern regarding the door-to-door paratransit service cuts and noted the need for reasonable accommodations for the disabled and elderly.

Gary Steinke, Interested Citizen, expressed concern regarding the paratransit service cuts.

Member Gonzales left his seat at 7:30 p.m.

Member Gonzales took his seat at 7:32 p.m.

Member Mossar left her seat at 7:34 p.m.

Member Mossar took her seat at 7:38 p.m.

Jerry Grace, Interested Citizen, expressed concern regarding revised service schedule.

Mr. Schonbrunn urged VTA Board of Directors to preserve transportation services.

Eugene Bradley, Interested Citizen, expressed concern regarding the impact to the disabled and elderly due to paratransit service cuts and fare increases.

  
32.

CLOSED SESSION at 7:35 p.m.

A.������� Anticipated Litigation Conference with Legal Counsel

Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. One potential case.

AX.����� (Placed and heard immediately following Awards and Commendations.)

Conference with Real Property Negotiator

[Government Code 54956.8]

Purchase property, approximately 48 acres, at Newhall Yard in the cities of San Jose and Santa Clara between Newhall Street and Brokaw Road.

Negotiator for VTA: Scott Buhrer, Chief Financial Officer

Negotiator for Union Pacific Railroad: Rick L. Gooch, Director of Special Properties, Sales & Development

B.����������� 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)

C.����������� 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

X.������� (Placed and heard immediately following Awards and Commendations.)

Adopt a Resolution authorizing the General Manager or Chief Financial Officer to take all actions required to complete a series of separate but similar Lease To Service Contract transactions (collectively, the Transaction) relating to up to 100 low-floor light rail vehicles and to file a validation action in the Santa Clara County Superior Court with respect to one or more of such Transactions.

RECONVENED TO OPEN SESSION at 7:54 p.m.
  
33.

CLOSED SESSION REPORT

A.������� Anticipated Litigation Conference with Legal Counsel

Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. One potential case.

There was no reportable action taken during Closed Session.

AX.����� (Placed and heard immediately following Awards and Commendations.)

Conference with Real Property Negotiator

[Government Code 54956.8]

Purchase property, approximately 48 acres, at Newhall Yard in the cities of San Jose and Santa Clara between Newhall Street and Brokaw Road.

Negotiator for VTA: Scott Buhrer, Chief Financial Officer

Negotiator for Union Pacific Railroad: Rick L. Gooch, Director of Special Properties, Sales & Development

There was no reportable action taken during Closed Session.

B.����������� 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.

C.����������� 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.

X.������� (Placed and heard immediately following Awards and Commendations.)

Adopt a Resolution authorizing the General Manager or Chief Financial Officer to take all actions required to complete a series of separate but similar Lease To Service Contract transactions (collectively, the Transaction) relating to up to 100 low-floor light rail vehicles and to file a validation action in the Santa Clara County Superior Court with respect to one or more of such Transactions.

  
34.

ADJOURN at 7:54 p.m.

  
  
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