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Board Minutes


BOARD OF DIRECTORS MEETING

Thursday, September 4, 2003

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

Summary Minutes

1.

CALLED TO ORDER at 6:15 p.m.

  
2.

ROLL CALL

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

Members Absent: Alvarado, Cortese, Mossar, Valerio

  
3.

ORDERS OF THE DAY

Add Addendum Item #24.X. Existing Litigation Conference with Legal Counsel. [Government Code 54956.9(a)] Santa Clara Valley Transportation Authority versus California Public Utilities Commission, Sixth Appellate District Case No. H026101 to Closed Session.

Noted change in recommendation to Agenda Item #11., Authorize the General Manager to execute an Interagency Participation Agreement with the City and County of San Francisco, acting by and through its Municipal Transportation Agency (MTA), Bay Area Rapid Transit (BART), Golden Gate Bridge Highway and Transportation District (GGBHTD), Alameda-Contra Costa County Transit District (AC Transit), San Mateo County Transit District (SamTrans), and the Metropolitan Transportation Commission (MTC) to form a Translink � Consortium, to include the following last sentence within the recommendation: This authorization will be effective after both MTA and BART have received authorization from their governing boards to execute an Interagency Participation Agreement.

Accepted Orders of the Day.

  
4.A.

AWARDS AND COMMENDATIONS

Employees of the Month for September 2003

Presented an award to James Dexter, North Administration, as VTA Employee of the Month for September 2003. Walter Lewis, Guadalupe Operations and Bruce Tenma, Chaboya Maintenance, were unable to attend.

Presented an award to Richard Stahler as Supervisor of the Quarter 2003.

  
4.B.

Adopted Resolution No. 03.09.14 on a vote of 11 ayes to 0 noes to 0 abstentions adopting a Resolution of Commendation for Chantal Stieber, an incoming senior at Lynbrook High School for the Bus Bench Project in Cupertino.

  

CONSENT AGENDA

5.

Approved the Minutes of the Regular Board of Directors Meeting of August 7, 2003.

  
6.

Approved the Minutes of the Board of Directors Workshop Meeting of August 15, 2003.

  
 

ADMINISTRATION AND FINANCE COMMITTEE

 There were no items submitted for the Consent Agenda by the Administration and Finance Committee.
  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

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

TRANSIT PLANNING AND OPERATIONS COMMITTEE

7.

Authorized the General Manager to execute agreements with the Great Mall of the Bay Area Associates, L.P. (Great Mall) in an amount not to exceed $328,800 and the Union Pacific Railroad (UPRR) in an amount not to exceed $250,000 for construction of intersection improvements and railroad crossing modifications at the Great Mall Drive (Escort Drive) and Main Street intersection.

  
8.

Authorized the General Manager to execute a contract with BFI Waste Services of Santa Clara County (BFI), the lowest responsible and responsive bidder, for solid waste and recyclable paper collection and disposal services for VTA facilities located within the City of San Jose for $240,204 for a three-year term with two one-year options in the amounts of $81,410 and $82,804 for option years four and five respectively.

  
9.

Authorized the General Manager to augment the Board Authorized North Division Capital Project Budget of $37,260,000 by $3,120,000 for a revised total project budget of $40,380,000 and authorized the General Manager to execute an amendment to the current contract with Vitton Construction for Building C Bid Alternate #1 in the amount of $1,640,000 for a construction contract total of $5,176,000.

  
10.

Authorized the General Manager to execute a three-year agreement with New Century Transportation (New Century) to provide Altamont Commuter Express (ACE) shuttle bus services in an amount not to exceed $3,708,004 with options for two additional one-year periods with escalation rates not to exceed the increase in the San Francisco Bay Area Consumer Price Index.

On a vote of 10 ayes, 1 no and 0 abstentions to authorize the General Manager to execute a three-year agreement with New Century Transportation (New Century) to provide Altamont Commuter Express (ACE) shuttle bus services in an amount not to exceed $3,708,004 with options for two additional one-year periods with escalation rates not to exceed the increase in the San Francisco Bay Area Consumer Price Index. Board Member Springer opposed.

  
  
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REGULAR AGENDA

  
  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - Jane P. Kennedy

11.

Authorized the General Manager to execute an Interagency Participation Agreement with the City and County of San Francisco, acting by and through its Municipal Transportation Agency (MTA), Bay Area Rapid Transit (BART), Golden Gate Bridge Highway and Transportation District (GGBHTD), Alameda-Contra Costa County Transit District (AC Transit), San Mateo County Transit District (SamTrans), and the Metropolitan Transportation Commission (MTC) to form a Translink � Consortium. Further authorize the General Manager to execute the Agreement at his discretion.

Inquired on the mechanism of the Translink card and how it works.

Staff responded that the Translink card is a proximity card that is waved in front of a special unit on board of the vehicle.

Inquired if the funding for the mechanism is paid from the program or would VTA have to start budgeting for this mechanism.

Staff noted that the capital element is paid for within the program and as a charter member VTA will be receiving units as a part of the program. Staff noted that there is a charge fee as part of the participation. Staff noted a transaction fee on every transaction that happens with the Translink card on VTA vehicles or any other vehicle within the program. Staff noted that the estimated percentage of the total program will cost VTA approximately 5.5 percent to 5.7 percent, which should range between $400,000 and $500,000.

Noted concern regarding the recommendation, the wording in the last sentence, This authorization will be effective after both MTA and BART have received authorization from their governing boards to execute an Interagency Participation Agreement and noted that it would be better to have an action that states that the Board of Directors approve the recommendation and further authorize the General Manager to execute the document at his discretion.

Inquired when the first payment for the program will be due and if it was due in 2005.

Staff responded that the first payment will start in 2006 and noted that the first year is paid by MTC.

Inquired if there was any merit in deferring the participation within the program.

Staff noted that it would benefit the customer to move forward at this time.

Noted support and requested a friendly amendment to ensure that VTA is up to date with the approval process; therefore, deleting the wording regarding MTA since they approved the concept on Tuesday, September 2, 2003.

Moved the staff recommendation with the following change that the last sentence of the recommendation be removed and to add that the General Manager be authorized to execute the agreement at his discretion.

Noted the benefits of a regional effort to address regional transportation issues and problems.

Eugene Bradley, Santa Clara Valley Transportation Authority Riders Union, expressed concern regarding universal fare structure. Mr. Bradley requested a move towards a regional fare for bus and light rail service.

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - Judy Nadler

CHAIRPERSONS REPORT (See Agenda Item #16.B.)

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

  
 

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

CHAIRPERSONS REPORT (See Agenda Item #16.C.)

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

  
  
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OTHER ITEMS

12.

Adopted a support position for SB 916 (Perata) Bay Area bridge tolls.

Staff provided overview on the support position for SB 916 (Perata) Bay Area bridge tolls. Staff noted that the bill authorizes a vote to increase the toll in the State owned bridges in the Bay Area by one dollar to improve transportation funding. Staff noted that the toll increase would go into effect July 2004 and would generate about $125 million to the region for transportation improvements per year and would fund $1.4 billion in capital projects from toll revenues. Staff noted that the Board of Directors previously opposed the bill before the amendment; however, the two issues were addressed in the amendment; therefore, Staff recommends that the Board of Directors support the position.

Jerry Grace, Interested Citizen, expressed concern regarding bridge tolls and noted the traffic impacts on Highway 101.

Requested that staff prepare a thank you letter to Assemblyman John Dutra regarding Legislative Position SB 916 (Perata) Bay Area bridge tolls for his diligent work, on VTAs behalf.

  
13. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no new Items of Concern and Referral to Administration.

Requested that staff provide an overview regarding the inquiry from Santa Clara County Supervisor Donald F. Gage regarding issuance of bonds secured and payable from 2000 Measure A as well as an overview on the response from Peter M. Cipolla, VTA General Manager.

Staff noted the two major elements to the BART Project. Staff noted that the current phase is paid through the Traffic Congestion Relief Program (TCRP) funding and that Preliminary Engineering (PE) between now and November will be funded through the 2000 Measure A bond offering. Staff noted that some of the employees working on the BART PE can be reassigned and allocated to other projects; however, the bulk of the employees will be laid off.

Staff noted moving ahead with projects as funding becomes available. Staff noted potential funding allocation in the amount of four million from the Senate Transportation Committee for PE and noted potential funding allocation in the amount of one million from the House. Staff noted that these projects should be shelf ready and ready to move forward as funding becomes available.

Inquired if a fiscal analysis will be presented at Ad Hoc Financial Stability Committee Meeting.

Staff noted that several financial scenarios are being developed for the Committee and are only for discussion purposes.

Noted that County staff prepared an analysis of 2000 Measure A and concluded a $2 billion deficit through the entire 30 years of 2000 Measure A. Queried if
VTA staff has been analyzing 2000 Measure A and is aware of any impacts. Queried if VTA is moving too quickly and if the entire Board of Directors is aware of any deficits and noted that a shortfall will result in some of the other projects or BART being delayed or not even done.

Inquired on the analysis of 2000 Measure A.

Staff noted that the analysis of 2000 Measure A will be presented at Ad Hoc Financial Stability Committee meeting and the Board of Directors Workshop scheduled for October 10, 2003.

Margaret Okuzumi, Bay Rail Alliance, called attention to the distribution of Transportation Solutions Defense and Education Fund to the Board of Directors. Ms. Okuzumi noted the importance of all the Board of Directors participation when making BART related decisions. Ms. Okuzumi commented and noted concerns regarding the other projects promised in the 2000 Measure A ballot and the ability to deliver the projects.

James Wightman, Interested Citizen, expressed concern regarding service reductions for bus and light rail. Mr. Wightman expressed concern regarding low floor vehicles and retrofitting the platforms downtown.

  
14.

LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

Mr. Wightman expressed concern regarding the reduction of service and noted an alternative solution of increasing headways instead of the reduction of service.

  
15. REPORTS FROM AD HOC COMMITTEES

REPORT FROM AD-HOC FINANCIAL STABILITY COMMITTEE

Heard a report that the Ad Hoc Financial Stability Committee, at its meeting on Wednesday, August 13, 2003 received a presentation from Carl Guardino, CEO and Executive Director of the Silicon Valley Manufacturing Group, on lessons learned from previous ballot measure campaigns. Noted that the next meeting will be on September 10, 2003 at 9:00 a.m.

REPORT FROM AD-HOC RESTRUCTURING PROPOSAL COMMITTEE

Heard a report that the Ad Hoc Restructuring Proposal Committee, at its meeting on Thursday, September 4, 2003: 1) discussed the history of and how the Board of Directors structure was developed, 2) noted the attendance of former San Jose Council Member Shirley Lewis, Joanne Benjamin former Los Gatos Town Council Member and former County Supervisor Diane McKenna, 3) discussed the legal process and what would be required if any changes, 4) noted the advantages and disadvantages of the City of Milpitas proposal, 5) discussed the impact on any potential board restructure on various committees, 6) developing potential alternatives as well as recommendations regarding the restructuring, and, 7) requested that Milpitas Vice Mayor Dixon attend the next Ad Hoc Restructuring Proposal Committee meeting scheduled for October 2, 2003 at 4:00 p.m. Noted that the Committee will provide a full report with recommendations in November 2003.

  
16. 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.

  
17. 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.

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

Advised the Board Members that the Reports from the JPBs & Regional Commissions were placed in front of them on the dais.

A. Peninsula Corridor JPB

B. Capitol Corridor JPB

C. Metropolitan Transportation Commission (MTC)

  
19.

A. Tasman/Capitol Light Rail PAB

Accepted�as contained in the Agenda Packet.

B. Vasona Light Rail PAB

Accepted�as contained in the Agenda Packet.

C. Silicon Valley Rapid Transit Corridor PAB

Accepted�as contained in the Agenda Packet.

D. Caltrain PAB

Accepted�as contained in the Agenda Packet.

E. Downtown/East Valley PAB

Heard a report�that the Downtown/East Valley PAB, at its meeting on Thursday, September 4, 2003: 1) noted a status report on the Capitol Expressway Light Rail Project, for which the draft environmental document has now been sent to FTA (Federal Transit Administration) for review and approval to circulate to the public, and 2) received a status report on the Santa Clara/Alum Rock Corridor project.� �This included a presentation by staff highlighting some of the conceptual design details that have been developed since May, when the VTA Board approved including both the Enhanced Bus�and Single-Car Light Rail alternatives in the environmental document. The next PAB meeting is scheduled for Thursday, October 2, 2003.

F. Highway PAB South

Accepted�as contained in the Agenda Packet.

  
20. REPORT FROM THE CHAIRPERSON

Appointed�an Evaluation Committee to conduct the annual performance evaluation for the General Manager and the General Counsel.� The Evaluation Committee will consist of Board of Directors Chairperson Jane P. Kennedy,
Board of Directors Vice Chairperson Don Gage, and Board Member Ron Gonzales.

  
21. REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.

  
22. ANNOUNCEMENTS

There were no Announcements.

  
23. PUBLIC PRESENTATIONS

Mr. Bradley expressed concern�regarding the lack of accountability of VTA Board of Directors.� Mr. Bradley recommended that the VTA Board of Directors should be elected by the voters.

Mr. Grace expressed concern regarding regional transportation.

Zachary Cribari, Santa Clara Valley Transportation Authority Riders Union, expressed concern regarding Board of Directors not using funding appropriately.� Mr. Cribari noted the VTA should use their funding to deal with current services before building additional services.

  
24.

CLOSED SESSION�at 7:05 p.m.

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:

Amalgamated Transit Union (ATU) Local 265

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

C.� Public Employee Performance Evaluation

[Government Code Section 54957]

Title:� General Manager

Title:� General Counsel

X.� �Existing Litigation Conference with Legal Counsel

[Government Code Section 54956.9(a)]

Santa Clara Valley Transportation Authority�v. California Public Utilities Commission, Sixth Appellate District Case No, H026101

Member Dixon left the meeting at 7:06 p.m.
Member Pirzynski left the meeting at 7:11 p.m.
Member Springer left the meeting at 7:24 p.m.

RECONVENED TO OPEN SESSION at 7:25 p.m.

  
25. CLOSED SESSION REPORT

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:

Amalgamated Transit Union (ATU) Local 265

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.

C.� �Public Employee Performance Evaluation

[Government Code Section 54957]

Title:� General Manager

Title:� General Counsel

There was no reportable action taken during Closed Session.

X.� Existing Litigation Conference with Legal Counsel

[Government Code Section 54956.9(a)]

Santa Clara Valley Transportation Authority�v. California Public Utilities Commission, Sixth Appellate District Case No, H026101

There was no reportable action taken during Closed Session.

  
26.

ADJOURNED at 7:25 p.m.

  
  
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