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Santa Clara Valley Transportation Authority

June 5, 2003

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

Summary Minutes

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

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

Members Absent: Yeager
   
3. ORDERS OF THE DAY

Added Addendum # 8.X., Discuss the use of 2000 Measure A Funds for transit and paratransit operations. Requested that the Fiscal Year 2003-04 and Fiscal Year 2004-05 Budget Recommendations memo submitted by Board Members Gonzales, Gage, Mossar, Dando and Cortese related to the adopted budget be discussed early in the Agenda. Noted that the Board of Directors would adopt the budget later in the Agenda as Item # 40. Stated that all speakers on all Agenda Items directly related to the budget process would be heard under Agenda Item 8.X. including Agenda Items #36 through #40. Accepted Orders of the Day. Members McHugh and LaPoll took their seats at 6:10 p.m.
   
4. AWARDS AND COMMENDATIONS

Presented awards to Ruth Orta, Guadalupe Operations; Rosemary Noble, River Oaks Administration; and Ida Rodriguez, Chaboya Maintenance as Employees of the Month for June 2003, and Dolly Grey as Supervisor of the Quarter.
   
5. CLOSED SESSION at 6:15 p.m.

A. 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)
Amalgamated Transit Union (ATU) Local 265

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

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)

RECONVENED TO OPEN SESSION at 6:21 p.m.
   
6. CLOSED SESSION REPORT: There was no Closed Session Report.
   
7. Authorized the General Manager to amend and extend the terms and conditions of a labor agreement negotiated between Santa Clara Valley Transportation Authority (VTA) and Service Employees International Union (SEIU), Local 715.

Expressed appreciation for the leadership of employees of Local 715.
   
8. Received a presentation from the Santa Clara VTA Riders Union regarding Highway Prioritization and BART to San Jose.

Urged VTA Board Members to save transit in the Valley.

Terry Applegate, Silicon Valley Independent Living Center, stated that the most important issue being faced today is saving the current transit.
   
8.X. Requested that anyone wishing to speak on any budget item (Agenda Items #36 - #40) do so at this time. Noted that speakers will be provided two minutes and that there were 54 speakers at present.

Suggested that before ideas of the public are presented regarding the budget situation that a motion be placed on the table that reflects the recommendations in a memorandum that Vice-Chairperson Gage and Board Members Mossar, Dando, Cortese, and Gonzales sent to the Board of Directors for consideration. These recommendations would provide information to the public for consideration.

Recommended the following Fiscal 2003-2004 and Fiscal Year 2004-2005 VTA budget: 1) Adopt the proposed 21 percent service reductions but defer implementation until January 2004; 2) Direct staff to explore the feasibility of the limited, temporary use of future Measure A revenues to fund most, if not all of the bus and light rail service reductions contained in the Fiscal Year 2003-2004 and Fiscal Year 2004-2005 proposed budget. Staff is further directed to return this item to the Board for review and action, in conformance with CEQA requirements, by no later than September 2003; 3) Defer the door-to-door paratransit per trip service surcharge of $1.50 for one Fiscal Year and until current paratransit customers have been evaluated for their medical need for the service and their ability to pay; 4) Adopt all of the recommendations of the Ad-Hoc Financial Stability Committee, recognizing that all recommendations related to employee working conditions and benefits are subject to meet-and-confer requirements; and 5) Conduct a Board Workshop in October 2003 to determine Board consensus on a new local revenue source to present to the voters for consideration in 2004. Adopt the consensus local revenue alternative at the Board's November 2003 Meeting.

Expressed concern regarding bonding against future Measure A monies to address the current financial situation. Stated that every possibility must be explored to defer reducing bus and light rail services to 1981 levels.

Stated that this process is not without risk and noted that by delaying this action, if Measure A 2000 funds are unavailable, there would be an additional $18 million debt to the existing debt, the cost of not making reductions now.

Suggested re-convening the Ad-Hoc Committee to look at the feasibility of bonding.

Requested that the three-quarter mile residency rule on paratransit service be waived for one year in South Santa Clara County south of Cochran Road pending the pursuit of additional funds to continue to provide paratransit service throughout that extended rural area, with the clarification that if funds for the one-year period are identified the position would be reconsidered.

Presented the recommendations of the Ad-Hoc Committee on Financial Stability.

Noted the receipt of abundant email requesting bus service be saved and the cost of paratransit service not be increased. Noted that everyone's help will be needed to find a permanent solution.

Clarified the meaning of the recommendations set forth in the Fiscal Year 2003-04 and Fiscal Year 2004-05 Budget Recommendations memo submitted by Vice-Chairperson Gage and Board Members Mossar, Dando, Cortese, and Gonzales.

Queried who the bond counsel would be and whether or not they would be independent.

Stated that legal analysis must be appropriate and brought back to the Board of Directors completed in September 2003.

Seth Schneider, Transportation and Land Use Coalition, expressed concern regarding 21 percent service cuts and requested that the Board of Directors direct staff to seek declaratory relief for 2000 Measure A.

Kevin Kittillio, interested citizen, stated that he is opposed to fare increases and a half-cent sales tax increase, and is in favor of using 2000 Measure A funds.

Angi Dixon, VTA Information Service Representative in the call center, expressed concern regarding service cuts and layoffs at VTA and in the County of Santa Clara. Expressed support for using 2000 Measure A funding.

James Wightman, interested citizen, stated that he is opposed to fare increases.

Maxine Eldridge, Disabled Students of DeAnza College, expressed concern regarding service cuts.

Margaret Okuzumi, interested citizen, expressed concern regarding the economic, social and human cost of personal immobility. Stated that she supports declaratory relief for 2000 Measure A.

Melissa Correa, interested citizen, expressed concern regarding service cuts.

Julia Lenfest, interested citizen, expressed support for declaratory relief for 2000 Measure A.

Kathy Bonilla, interested citizen, expressed concern regarding the possible loss of paratransit door-to-door service, service cuts, and increased fees.

Lupe Medrano, San Jose State University student, expressed concern regarding service cuts and increased fares for students on fixed incomes.

David Julian, Member of VTA's Committee for Transit Accessibility, (CTA) expressed concern regarding service cuts and charges for door-to-door service and further expressed concern that decisions made that affect senior citizens, disabled community and working poor are made without the participation of those most affected.

Sheryl Clifford, interested citizen, expressed concern regarding service cuts that will affect her independence and ability to get to college.

Mike Gorman, interested citizen, expressed concern regarding service cuts and increased fares. Expressed further concern regarding the inability of buses to meet schedules.

Earl Edwards, Disabled American Veterans Chapter 11, San Jose, expressed concern that Line 88 which goes to the VA Hospital is going to be eliminated and the shuttle that picks up veterans at the Cottle Light Rail Station is going to be eliminated which is a lifeline for him.

Ernest Bojorquez, Korean veteran, expressed concern that service cuts would affect his ability to attend to medical appointments.

Frank DeWitt, Military Order of the Purple Heart, expressed concern regarding the inability of paratransit operators to leave their vehicles which puts patients in jeopardy and queried whether curb-to-curb service means street curb to street curb or street curb to building curb.

Bob Brownstein, interested citizen, stated that the proposal to begin working toward advancing 2000 Measure A funds constitutes a very useful and major step toward preserving public transit. Mr. Brownstein further stated that the public and stakeholders must play a role in creating the strategy to advance 2000 Measure A funds and legal issues associated with advancing 2000 Measure A funds for bus services must be resolved quickly.

Robert Carvalho, interested citizen, thanked the Board of Directors for their efforts to keep transit going in the County of Santa Clara. Mr. Carvalho stated that he is opposed to an increase in sales tax due to its instability as a source of revenue.

Geoffrey Ruchenski, interested citizen, expressed concern regarding senior citizens, youth, the disabled community, and workers who receive minimum wage would be adversely affected by service cuts.

Barbara Rhodes, Member of VTA's CTA, stated that door-to-door service is a wonderful service that should continue to be provided at no additional cost.

Sheila Foote, President of Sunset Gardens Resident Association, expressed concern regarding the proposed fare increase in paratransit service.

Robin Anderson, interested citizen, expressed concern regarding proposed fare increases and stated that the fare increases take advantage of senior citizens and the disabled community. Mr. Anderson expressed concern regarding service cuts.

Silvia Ramirez, VTA Information Services, stated that she receives telephone calls made to the Information Services Department by passengers regarding buses that do not meet schedules.

Susan Berg, interested citizen, expressed concern regarding the impact of service reductions to the community.

Jasvir Zonabi, interested citizen, stated the additional transit service cuts would reduce ridership and cause a rippling effect throughout the County of Santa Clara. Mr. Zonabi further stated that service cuts would affect the safety of the disabled community.

Mary Stewart, Veteran of the Armed Services, stated that she relies 100 percent on paratransit and bus services and further stated that without these services she would be homebound.

Alfonso De Alba, Executive Director, Associated Students of San Jose State University, stated that VTA met with University staff though there were concerns that have not been addressed. Mr. De Alba stated that if fare increases are approved including the Transit Access Program (TAP), San Jose State University will have to pull out of this program immediately since the ADA paratransit service exclusion that is provided in the fare increase for the Eco Pass Program as well as the TAP would require SJSU to discriminate against students with disabilities.

Akbar Shetty, San Jose State University student representative, expressed concern that the fare hike proposal will affect TAP. The proposed fare increase could result in the University opting out of the Program. He stated that San Jose State University staff would appreciate an opportunity to work with VTA to discuss this issue.

Silvia Revilla, San Jose State University Transit Access Program, expressed concern regarding proposed service cuts that would have a severe impact on students at the University.

Andy Chow, San Jose State University, stated that the economy is not the only reason for VTA's current financial situation but also some bad decisions made by the Board of Directors in the past.

Gary Steinke, M.D., stated that community professionals are able to determine disabilities and further stated that spending thousands of dollars for an independent board to determine disabilities is unnecessary.

Mark Newton, San Jose City College Faculty Member, addressed the Board of Directors on behalf of City College students and faculty as well as the Evergreen Community College students and faculty who depend so much upon transit service. Mr. Newton supported using 2000 Measure A funds to maintain transit service.

Jeanne Scott, M.D., thanked the Board of Directors for the recommendation to delay service cuts until January 2004 and urged the Board of Directors to vote against service cuts. Dr. Scott reminded the Board of Directors that the core mission of VTA is to provide transportation, not to build fancy $82 million projects. Dr. Scott noted that VTA is a government agency and as such is in the business of serving society. Dr. Scott stated that many participants of the Welfare to Work Program are now employed but would need to quit their jobs if transit service is cut.

Christine Fitzgerald, concerned citizen, expressed concern regarding transit and paratransit services cuts and increased fares.

Terri Visperas, VTA bus operator at North Yard, expressed concern regarding transit service cuts that would adversely affect the elderly and college students.

Ms. Applegate provided an informational packet to the Board of Directors in several languages regarding saving transit service. Ms. Applegate requested a roll call vote so that she can publicize how each Board Member votes. Ms. Applegate stated that she believes that the vote on the Paratransit Plan is out of order and further stated that she has filed a complaint with the FTA. Ms. Applegate stated that there was no mention made by VTA of fare increases on regular or premium fares at public meetings in April and May 2003. Ms. Applegate further stated that the plan to cut paratransit services with Eco Pass was also never mentioned at public meetings in April and May 2003.

Marilyn Smith, SEIU 715 Chapter Chairperson, applauded the proposal to defer cuts in service and urged quick resolution of legal issues.

Tom Starkey, Business Representative for County Employees Management Association (CEMA), thanked the Board of Directors for the recommendation to use 2000 Measure A funds to fill in the shortfall. Mr. Starkey urged the Board of Directors to adopt these recommendations and to incorporate them into the 2003 - 2005 budget. Mr. Starkey urged the Board of Directors to get the legal issues sorted out so that we can use 2000 Measure A funds to address the budget shortfalls.

Phaedra Ellis Lampkins, interested citizen, stated that on behalf of the Southeast Central Labor Council, she supports using 2000 Measure A funds to avoid catastrophic reductions in bus service planned for October 2003. Ms. Ellis Lampkins stated that the recommendations proposed by the Board of Directors are a victory for working people, the disabled community and those who sometimes do not have their voices heard. Ms. Ellis Lampkins thanked and commended Board Members Dando, Cortese, Mossar, Gonzalez, and Gage for their proposed recommendations.

Neil Struthers, Building Trades Council Chief Executive Officer in Santa Clara and San Mateo Counties, supported bonding against 2000 Measure A funds.

Timothy Soriano, interested citizen, expressed concern regarding proposed service cuts and supported using 2000 Measure A funds.

Al Triplett, ATU Local 265 President, expressed appreciation to the Board of Directors for leadership on using the bus portion of 2000 Measure A funds to maintain current levels of transit service. Mr. Triplett urged the Board of Directors to establish a firm time line at the June 19, 2003 Board of Directors' Meeting for settlement of this issue in time to avoid both service cuts and layoffs in January 2003.

Tom Fink, Business Agent for ATU, expressed appreciation for the courage and creativity embodied in the budget memo on the use of 2000 Measure A bus funds in order to avoid layoffs and service cuts. Mr. Fink stated that this strategy would help clear possible obstacles to federal funding of future transit projects by demonstrating this community's commitment to maintaining a full service transit system. Mr. Fink further stated that the recommendation helps maintain the political unity necessary for securing adequate local operations funding well into the future. Mr. Fink urged the Board of Directors to adopt a short timeline for judicial review.

Jose Salcido, Deputy Sheriff's Association President, stated that it is his understanding that the 21 percent service cuts that are being deferred until January 2004 do not include the Sheriff's contract and that the proposal continues to cut back their staff by 57 percent with another six deputy sheriffs to be laid off in October 2003. Mr. Salcido stated that there will be three deputy sheriffs on day shift and three on swing shift for the entire County and expressed concern regarding a dangerous situation for deputy sheriffs.

Anne Stahr, interested citizen, expressed concern regarding transit service cuts and its effects on persons who need the transit system to get to their jobs.

John Avalos, Organizer for SEIU Local 1877, Justice for Janitors, supported the proposal to utilize 2000 Measure A funds to help save transit in the Valley. Mr. Avalos stated that janitors work late at night and are dependent on late night service and further stated that cuts in services would devastate many janitors and their families. Mr. Avalos urged the Board of Directors to borrow future funding from 2000 Measure A funds.

Carl Guardino, Silicon Valley Manufacturing Group (SVMG), stated that it is the hope of SVMG members that legal challenges can be met. Mr. Guardino stated that operating funds for bus and rail and 2000 Measure A may seem like a lot of money but it needs to last many years. Mr. Guardino requested that the Board of Directors devise a strategy that saves critical service and stretches these limited dollars as long as possible.

Michael Ludwig, interested citizen, stated that small fare hikes are reasonable. Mr. Ludwig further stated that the Board of Directors does not realize that several of the proposed fare hikes are ludicrous and unreasonable.

Lowell Grattan, interested citizen, stated that the public voted for "traffic relief now," not for BART. Mr. Grattan suggested that the Board of Directors hold funds to be spent for light rail to Campbell for 30 days and suggested further study of light rail to Campbell.

Rosemarie Lang, interested citizen speaking on behalf of her mother, Rose Springmann, stated that curb-to-curb service would not work for persons with a multiplicity of disabilities and further stated that she is opposed to fare increases. Ms. Lang requested that people with disabilities not be penalized.

Board Member McHugh left the meeting at 8:25 p.m.


Karen Bloome, Fairmont Hotel employee, Hotel Employees Local #19 Vice-President, requested that the Board of Directors do everything possible to maintain the current levels of bus service. Ms. Bloome stated that many people working in hotels and other service industries are low-income earners and depend on VTA buses to get to and from work.

Angel Snell, interested citizen, VTA bus operator, Cerone Division, requested on behalf of her passengers that the Board of Directors vote against service cuts.

Mr. Bradley applauded the proposal to use 2000 Measure A funding to try to save the bus and paratransit service. Mr. Bradley requested that the Board of Directors expedite the legal opinion needed to ensure that 2000 Measure A funding can be used to preserve bus service in Santa Clara County.

Angela Specht, former bus operator, stated that she is proud to have worked for VTA and further stated that bus operators care about their passengers.

David Schonbrunn, President of TRANSDEF, requested that the Board of Directors re-empanel Board Member Gage�s Ad-Hoc Committee. Mr. Schonbrunn further requested that the Board of Directors direct VTA's CFO to add money to the budget from bonding 2000 Measure A. Mr. Schonbrunn noted that this would constitute an action inconsistent with General Counsel's opinion; however, it would enable VTA to go court and resolve all of the legal questions surrounding the use of 2000 Measure A proceeds.

Chris Repai, Local 250 representing nursing homes, hospitals and Kaiser employees in Santa Clara County, thanked the Board of Directors for considering the use of 2000 Measure A funds. Mr. Repai stated bus service is a vital service for workers, patients and family members and further stated that service cuts would cause job loss due to loss of transportation, hurt patient care and diminish the rights of families to visit their loved ones.

Sam Ho, Immigrant Leadership Forum, expressed concern regarding service cuts and fare increases stating that they would be detrimental to the most vulnerable and destitute population in the County. Mr. Ho urged that the Board of Directors not support fare hikes and service cuts proposals.

Roberto Fuentes, interested citizen, expressed opposition to transit service cuts.

Aaron Morrow, Member of VTA's CTA, urged the Board of Directors to resolve all legal issues and to make sure that transit service in the Valley is saved. Mr. Morrow stated that an equitable level of service is necessary and requested that it not be forgotten that OUTREACH runs a very tight ship to ensure that the 1,900 clients served get home safely.

Dennis Andrews, interested citizen, stated that he believes that 2000 Measure A funds could be used to reinstate previously cut service which would constitute an increase in service. Mr. Andrews stated that rate increases, especially for senior citizens and the disabled community are out of proportion to the regular adult fares.

Bobbie Turner, interested citizen, urged the Board of Directors to address the legal issues regarding the use of 2000 Measure A funds to help the community.

Laura Stuchinsky, SVMG, recommended that any decisions regarding TAP and the Eco Pass Program be deferred along with the recommendation to adopt all of the recommendations of the Ad-Hoc Financial Stability Committee until the August 7, 2003 Meeting.

Jeff Dennis, interested citizen, stated that his commute would be adversely affected by transit service cuts. Mr. Dennis stated that he would like to see 2000 Measure A funds be used to keep existing bus service.

Cedric de LaBeaujardiere, interested citizen, urged the Board of Directors to minimize transit service cuts by bonding against 2000 Measure A funds and by seeking other long-term future diversified funding sources.

Janice Claire Gamper, interested citizen, expressed concern regarding cutting service on Line 27.

The Agenda was taken out of order.


Requested that the following Agenda Items be considered at one time: Agenda Item # 36., Adopt Phase III of the Paratransit Service Business Practices Improvement Plan, which includes modifications to the minimum account balance policy, implementation of the Americans with Disabilities Act (ADA) defined service area and hours, a modified door-to-door/curb-to-curb program, and premium service pricing; Agenda Item # 37., Approve $14,105,000 and $14,387,000 for FY 2003 - 04 and FY 2004 - 05 to provide Santa Clara Valley Transportation Authority's share of Caltrain operating support; and further approve in concept VTA's use of $1,486,000 Federal Section 5309 funds in lieu of the local match requirement for FY 2003-04 capital support; Agenda Item # 38., Authorize the General Manager to execute a Cooperative Service Agreement with the San Joaquin Regional Rail Commission and the Alameda County Congestion Management Agency for continued VTA funding of Altamont Commuter Express (ACE) commuter rail service in the amount of $3,960,000 in Fiscal Year 2003 - 2004 and $4,034,000 in Fiscal Year 2004 - 2005; Agenda Item # 39., Adopt a finding that a fare increase is necessary to meet operating expenses and to fund capital projects necessary to maintain service within the existing service area, while maintaining minimum required financial reserves; Invoke a Statutory Exemption under CEQA, P.R.C. §21080(b)(8) and CEQA Guidelines Section 15273(a) (Rates, Tolls, Fares and Charges) for the purpose of modifying and increasing fares; and Adopt a resolution establishing new rates and fares for VTA bus, light rail, and paratransit services effective August 1, 2003 and Agenda Item # 40., Adopt a resolution approving the FY 2003 - 2004 and FY 2004 - 2005 Recommended Biennial Budget.

Confirmed that the Fiscal Year 2003-04 and Fiscal Year 2004-05 Budget Recommendations supercede Agenda Item #36.

Discussed the role of the Ad-Hoc Financial Stability Committee and the declaratory relief strategy.

Staff recommended continuance with the full fare increase.

Expressed concern regarding resolution of the matters of fact with San Jose State and encouraged staff to work out the details.

Expressed concern regarding costs and safety issues related to cuts in the Sheriff's Department.

Expressed appreciation for the work of staff, Local 715 and ATU.

Stated that the Ad-Hoc Committee and various community groups participating in the Ad-Hoc Committee ensured this creative proposal and recognized Bob Brownstein.

Noted support for 95 percent of the recommendations of the Committee and expressed opposition to the 21 percent service reductions.

Suggested review of project priorities of the Valley Transportation Plan 2020 (VTP 2020) at the October 2003 Board of Directors' Workshop.

Supported the overall recommendation but opposed the 21 percent service reductions.

Requested that staff return with information regarding the amount needed to be borrowed, how it will be repaid, the cost to spread this out until January 2004, what the cost will be, and how deep the cuts would be if we cannot go forward.

Reminded the Board of Directors that the budget will not be balanced without the service cuts. Thanked Jim Web for pulling together the document for the Board of Directors' review.

Thanked the SVMG for leadershipin getting Measure A passed.

Asked ATU to continue discussions with management that could result in savings for VTA.

M/S/C (Gonzales/Gage) on a Roll Call Vote of 12 ayes, to 1 noe, to 0 abstentions with the caveat of Board Members Alvarado and McLemore not supporting the 21 percent service reductions and Member Alvarado opposing Agenda Item #40 to recommend the following Fiscal 2003-2004 and Fiscal Year 2004-2005 VTA budget: 1) Adopt the proposed 21 percent service reductions but defer implementation until January 2004; 2) Direct staff to explore the feasibility of the limited, temporary use of future Measure A revenues to fund most, if not all of the bus and light rail service reductions contained in the Fiscal Year 2003-2004 and Fiscal Year 2004-2005 proposed budget. Staff is further directed to return this item to the Board for review and action, in conformance with CEQA requirements, by no later than September 2003; 3) Defer the door-to-door paratransit per trip service surcharge of $1.50 for one Fiscal Year and until current paratransit customers have been evaluated for their medical need for the service and their ability to pay; 4) Adopt all of the recommendations of the Ad-Hoc Financial Stability Committee, recognizing that all recommendations related to employee working conditions and benefits are subject to meet-and-confer requirements; 5) Conduct a Board Workshop in October 2003 to determine Board consensus on a new local revenue source to present to the voters for consideration in 2004. Adopt the consensus local revenue alternative at the Board's November 2003 Meeting; 6) Waive the three-quarter mile residency rule on paratransit service for one year in South Santa Clara County south of Cochran Road pending the pursuit of additional funds to continue to provide paratransit service throughout that extended rural area with the clarification that if funds for the one-year period are identified, the position would be reconsidered; and 7) Agenda Items #36 - #40: #36., Adopt Phase III of the Paratransit Service Business Practices Improvement Plan, which includes modifications to the minimum account balance policy, implementation of the Americans with Disabilities Act (ADA) defined service area and hours, a modified door-to-door/curb-to-curb program, and premium service pricing; Agenda Item #37., Approve $14,105,000 and $14,387,000 for FY 2003 - 04 and FY 2004 - 05 to provide Santa Clara Valley Transportation Authority's share of Caltrain operating support; and further approve in concept VTA's use of $1,486,000 Federal Section 5309 funds in lieu of the local match requirement for FY 2003-04 capital support; Agenda Item #38., Authorize the General Manager to execute a Cooperative Service Agreement with the San Joaquin Regional Rail Commission and the Alameda County Congestion Management Agency for continued VTA funding of Altamont Commuter Express (ACE) commuter rail service in the amount of $3,960,000 in Fiscal Year 2003 - 2004 and $4,034,000 in Fiscal Year 2004 - 2005; Agenda Item #39., Adopt a finding that a fare increase is necessary to meet operating expenses and to fund capital projects necessary to maintain service within the existing service area, while maintaining minimum required financial reserves; Invoke a Statutory Exemption under CEQA, P.R.C. �21080(b)(8) and CEQA Guidelines Section 15273(a) (Rates, Tolls, Fares and Charges) for the purpose of modifying and increasing fares; and Adopt Resolution No. 03.06.09 establishing new rates and fares for VTA bus, light rail, and paratransit services effective August 1, 2003 and Agenda Item #40., Adopt Resolution No. 03.06.08 approving the FY 2003 - 2004 and FY 2004 - 2005 Recommended Biennial Budget.
   

CONSENT AGENDA

Removed Agenda Items #14, #16, #21, #22, #23, #31 from the Consent Agenda.
   
9. Approved the Minutes of the Board of Directors Workshop Meeting of April 25, 2003.
   
10. Approved the Minutes of the Regular Board of Directors Meeting of May 1, 2003.
   
 

ADMINISTRATION AND FINANCE COMMITTEE

11. Authorized the General Manager to submit a grant application and execute a grant agreement with the Federal Transit Administration (FTA) for Federal Fiscal Year (FFY) 2003 Section 5309 New Starts Funds in the amount of $245,920.
   
12. Authorized the General Manager to execute contract with Color Copy Printing, the lowest responsible bidder, for the printing of VTAs public timeguides in the amount of $514,727 for the initial three-year term of the contract. Additionally authorized the General Manager to exercise two one-year renewal options for an additional $343,151.
   
13. Approved amending the Bicycle & Pedestrian Advisory Committee (BPAC) and the Policy Advisory Committee (PAC) bylaws as indicated; and amending the VTA Administrative Code, as indicated, in order to permit certain specified modifications to the BPAC and PAC bylaws.
   
14. (Removed from the Consent Agenda and placed on the Regular Agenda.)

Authorize the General Manager to amend the contract with Ruth & Going, Inc. for additional services in connection with the final design of the Route 87 North High Occupancy Vehicle (HOV) Lane Widening Project increasing the approved contract value by $660,511 for a new contract value of $5,997,693.
   
15. Approved an allocation for VTAs share of the Route 25 Environmental Review Process from the Local Program Reserve of $900,000 for FY 2003 04, $800,000 for FY 2004 05 and $300,000 for FY 2005 06 for a total not to exceed $2.0 million and authorized the General Manager to execute a Memorandum of Understanding with San Benito County Council of Governments (San Benito COG) the project sponsor; and further approved the submittal of an AB 3090 funding request to the California Transportation Commission (CTC) that enables VTA to advance local funds for the Environmental Review Process of the Route 25 Project and establish a repayment plan or replacement project using 2002 State Transportation Improvement Program (STIP) Funds from the program year 2006 07. Authorized the General Manager to execute agreements with the California Department of Transportation (Caltrans) and San Benito COG to implement the financing arrangements.
   
16. (Removed from the Consent Agenda and placed on the Regular Agenda.)

Recommend that the Board of Directors program $5,965,597 in Local Program Reserve funds as outlined in the memorandum and authorize the General Manager to execute agreements with the San Mateo County Transit District (SamTrans) to implement the Dumbarton Rail Corridor Feasibility Study.
   
17. Adopted Resolution No. 03.06.07 authorizing filing of applications for Transportation Fund for Clean Air 60 percent Regional funds to the Bay Area Air Quality Management District (BAAQMD), and authorized the General Manager to execute the Funding Agreements upon receipt from BAAQMD.
   
18. Adopted a support position for AB 427 (Longville) Duration of local transportation sales taxes, AB 467 (Dutra) Ticket vending machine accessibility, AB 1409 (Wolk) Bike racks on commuter buses, AB 1410 (Wolk) Surplus property, AB 1500 (Diaz) Petroleum Pollution Clean-Up and Preventive Act and AB 875 (Wyland) Allocation of transportation funds.
   
19. Authorized the General Manager to enter into an amendment to the Agreement with Ritter Project Management (RPM) for Litigation Support and Document Analysis to add $40,000, for a new not-to-exceed contract value of $240,000.
   
20. Authorized the General Manager to execute Sublease Agreements with the Utah Transit Authority and Sacramento Regional Transit District for the sub-sublease of 50 UTDC Light Rail Vehicles; with aggregate prepaid rent in the amount of $9.3 million; and, further authorized the General Manager to execute a Parts Distribution Agreement for the sale of UTDC spare parts for approximately $5.4 million.
   
21. (Removed from the Consent Agenda and placed on the Regular Agenda.)

Continue the Contractor and Sub-contractor Pre-Qualification Program under the current Pilot Program procedures with the following change: Pre-qualify sub-contractors for a two year period from the date of their initial pre- qualification.
   
22. (Removed from the Consent Agenda and placed on the Regular Agenda.)

Approve a non-competitive contract for $300,000 with Karen Antion Consulting, LLC to develop a Technology Strategic Plan, and to implement the recommendations from the Information Technology Department Assessment Report. The term of the contract will end June 30, 2004.
   
23. (Removed from the Consent Agenda and placed on the Regular Agenda.)

Adopt an oppose-unless amended position for SB 916 (Perata) Bay Area bridge tolls.
   
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

24. Approved an Update of Traffic Level of Service (LOS) Analysis Guidelines.
   
25. Approved Project Priorities for the 2003/04 Countywide Transportation Development Act (TDA Article 3) Program.
   
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

26. Authorized the General Manager to execute a contract with Stacy & Witbeck, Inc. (SWI), the lowest responsible bidder, in an amount of $5,098,657, for construction of the Group 1 Vasona Light Rail Project Station Finishes contract contingent upon completion of federal Transportation Improvement Program (TIP) approval. This contract is 35 percent federally funded.
   
27. Authorized the General Manager to execute a contract with Stacy & Witbeck, Inc. (SWI), the lowest responsible bidder, in an amount of $9,575,625, for construction of the Vasona Light Rail Project Group 2 Station Finishes and Park-and-Ride contract contingent upon completion of federal Transportation Improvement Program (TIP) approval. This contract is 60 percent federally funded.
   
28. Authorized the General Manager to execute a contract with O.C. Jones & Sons, Inc., the lowest responsible bidder, in an amount of $1,791,519, for construction of the Capitol Park and Ride Lot and Parking Facilities Project.
   
29. Authorized the General Manager to execute a contract with Sposeto Engineering, Inc., the lowest responsible bidder, in an amount of $727,947, for construction of the Vasona Light Rail Project Southwest Expressway Pedestrian Improvements. This contract is 88 percent federally funded.
   
30. Authorized the General Manager to execute a contract in the amount of $6,453,520 with Stacy & Witbeck/R.M. Harris Joint Venture, the lowest responsible bidder, for construction of the Vasona Light Rail Project Route 17 Underpass and Hamilton Avenue Overcrossing. This contract is 34 percent federally funded.
   
31. (Removed from the Consent Agenda and placed on the Regular Agenda.)

Approve the final designs for artist John Okulicks entry railings and safety fence art panels, artist Ries Niemis sculptural seating elements and artist Adam Zawadzkis paving for the Tasman East Light Rail Project.
   
32. Authorized the General Manager to execute an Agreement between VTA and the City of San Jose authorizing VTA staff to perform collection, maintenance and repair services of approximately 800 Civic Litter Modules located throughout the City of San Jose for a one-year term, July 1, 2003 through June 30, 2004, for a fixed sum of $189,993.
   
33. Authorized the General Manager to extend the current contract with Motorola Incorporated (Motorola) for maintenance and repair of radio communication equipment not covered under existing warranties for an additional two years, from May 2003 through April 2005, at an estimated cost of $75,000 for each year for a total estimated contract amount of $150,000.
   
34. Authorized the General Manager to execute a contract in the amount of $3,536,000 with Vitton Construction, the lowest responsible bidder, for the North Division Construction Completion Project.
   
35. Authorized the General Manager to execute a contract with NovaCare Outpatient Rehabilitation of California, Inc., for the operation of the Paratransit Eligibility Appeals Program. The term of the contract is for three years beginning July 1, 2003, with two one-year options, at a cost of $50,400 for the first year, $52,080 for the second year and $53,760 for the third year. Option years four and five are $55,642 and $57,590, respectively.
   
   
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REGULAR AGENDA

   
14. Authorized the General Manager to amend the contract with Ruth & Going, Inc. for additional services in connection with the final design of the Route 87 North High Occupancy Vehicle (HOV) Lane Widening Project increasing the approved contract value by $660,511 for a new contract value of $5,997,693.

Ms. Applegate stated that she does not support an increase of over $.5 million to contract for HOV widening projects.
   
16. Programmed $5,965,597 in Local Program Reserve funds as outlined in the memorandum and authorized the General Manager to execute agreements with the San Mateo County Transit District (SamTrans) to implement the Dumbarton Rail Corridor Feasibility Study and to report back to the full Board in October 2003 with the status of how funding would be restored to the Montague Expansion Project which would be used to fund the Highway 87 Landscaping Project.
   
21. Approved continuation of the Contractor and Sub-contractor Program under the current Pilot Program procedures with the following change: Pre-qualify sub-contractors for a two year period from the date of their initial pre- qualification. Requested staff to work with the stakeholders regarding revising criteria deemed appropriate and return to the Board of Directors with this information in 90 days.

Neil Struthers, Building Trades Council, stated that the Pre-Qualification Program attracts qualified contractors and the contractors that it has attracted have found the process to be fairly easy to negotiate. Mr. Struthers requested that the Board of Directors direct staff to work with building trades, the construction industry and organized labor to look at criteria and not process.
   
22. Approved a non-competitive contract for $300,000 with Karen Antion Consulting, LLC to develop a Technology Strategic Plan, and to implement the recommendations from the Information Technology Department Assessment Report. The term of the contract will end June 30, 2004.

Stated that there is a tremendous difference between information technology and information services. Requested clarification to ensure that the Technology Strategic Plan will develop a unified information service instruction.
   
23. Adopted an oppose-unless amended position for SB 916 (Perata) Bay Area bridge tolls.

Mr. Schonbrunn urged the Board of Directors to adopt a support position on this bill.

Ms. Okuzumi, interested citizen, expressed dismay to see the proposal to oppose SB 916 noting that it would benefit a number of projects that would help Santa Clara County.

Noted that the County Board of Supervisors will support an oppose-unless amended position for SB 916 (Perata).
   
31. Approved the final designs for artist John Okulicks entry railings and safety fence art panels, artist Ries Niemis sculptural seating elements and artist Adam Zawadzkis paving for the Tasman East Light Rail Project.

Ms. Applegate inquired about the cost and stated that when the system is bleeding, you dont start painting.

Jeanne Scott, M.D., recommended that the Board of Directors oppose the art project.

Ms. Applegate noted that she submitted a Speakers Card for Agenda Item #35.

Ms. Applegate noted that she opposes the contract with NovaCare Outpatient Rehabilitation of California, Inc., further stating that there are hundreds of community agencies that can fulfill the appeals process if allowed to do so.
   
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE CHAIRPERSON'S REPORT -

36. (Action taken as part of Agenda Item #8.X.)

Adopt Phase III of the Paratransit Service Business Practices Improvement Plan, which includes modifications to the minimum account balance policy, implementation of the Americans with Disabilities Act (ADA) defined service area and hours, a modified door-to-door/curb-to-curb program, and premium service pricing.
   
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT -

37. (Action taken as part of Agenda Item #8.X.)

Approve $14,105,000 and $14,387,000 for FY 2003 04 and FY 2004 05 to provide Santa Clara Valley Transportation Authoritys share of Caltrain operating support; and further approve in concept VTAs use of $1,486,000 Federal Section 5309 funds in lieu of the local match requirement for FY 2003 04 capital support.
   
38. (Action taken as part of Agenda Item #8.X.)

Authorize the General Manager to execute a Cooperative Service Agreement with the San Joaquin Regional Rail Commission and the Alameda County Congestion Management Agency for continued VTA funding of Altamont Commuter Express (ACE) commuter rail service in the amount of $3,960,000 in Fiscal Year 2003 2004 and $4,034,000 in Fiscal Year 2004 2005.
   
39. (Action taken as part of Agenda Item #8.X.)

Adopt a resolution finding that a fare increase is necessary to meet operating expenses and to fund capital projects necessary to maintain service within the existing service area, while maintaining minimum required financial reserves; Invoke a Statutory Exemption under CEQA, P.R.C. �21080(b)(8) and CEQA Guidelines Section 15273(a) (Rates, Tolls, Fares and Charges) for the purpose of modifying and increasing fares; and Adopt a resolution establishing new rates and fares for VTA bus, light rail, and paratransit services effective August 1, 2003.
   
40. (Action taken as part of Agenda Item #8.X.)

Adopt a resolution approving the FY 2003 2004 and FY 2004 2005 Recommended Biennial Budget.
   
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT -

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

41. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

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

Accepted as contained in the Agenda Packet.
   
43. SUMMARY MINUTES FROM STANDING COMMITTEES

A. Administration and Finance Committee

Accepted as contained in the Agenda Packet.

B. Congestion Management Program and Planning Committee

Accepted as contained in the Agenda Packet.

C. Transit Planning and Operations Committee

Accepted as contained in the Agenda Packet.
   
44. 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.
   
45. REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS

Advised the Board of Directors that the Joint Powers Boards and Regional Commissions reports were distributed and made available for public review.

A. Peninsula Corridor JPB

B. Capitol Corridor JPB

C. Altamont Commuter Express (ACE) JPB

D. Metropolitan Transportation Commission (MTC)
   
46. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

Advised the Board of Directors that the Policy Advisory Boards reports were distributed and made available for public review.

A. Tasman/Capitol Light Rail PAB

B. Vasona Light Rail PAB

C. Silicon Valley Rapid Transit Corridor PAB

D. Caltrain PAB

E. Downtown/East Valley PAB

F. Highway PAB - South
   
47. REPORT FROM THE CHAIRPERSON

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

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

There were no Announcements.
   
50. PUBLIC PRESENTATIONS

Ms. Applegate stated that she would recommend to the Board of Directors of the Silicon Valley Independent Living Center that they not support endeavors of members of the VTA Board of Directors who would seek future political office.
   
51. ADJOURNED at 9:40 p.m.
   
   
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