Skip to Main Content Skip to Side Navigation Skip to Top Navigation
Home>About Us>BOD>Board Minutes

Board Minutes


BOARD OF DIRECTORS MEETING

October 2, 2003

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

1. CALLED TO ORDER at 6:00 p.m.
  
2.

Roll Call

Members Present: Alvarado, Cortese, Gage, Kennedy, La Poll, McHugh, McLemore, Pirzynski, Valerio, Williams, Yeager

Members Absent: Beall (Ex-Officio), Chavez, Dando, Dixon, Gonzales, Mossar, Springer

  
3.

ORDERS OF THE DAY

Deferred Agenda Item #16., Authorize the General Manager to execute a contract for supply and delivery of bus signal priority equipment for use in the Line 22 Bus Rapid Transit (BRT) project.

Added Agenda Item #18.X., Request from Santa Clara County Supervisor Blanca Alvarado regarding Sample Plan of Major 2000 Measure A Projects.

Provided clarification of Agenda Item # 17., related to proposed service reductions. Stated that as a result of the favorable decision for VTA to bond against Measure A for bus and light rail service, the Board of Directors will consider Alternate B, a combined reduction in bus and light rail service of approximately 3 percent.

Removed Closed Session Agenda Item 29.B., Conference with Labor Negotiators, from the Agenda.

Accepted Orders of the Day.

  
4.

AWARDS AND COMMENDATIONS

A. Employees of the Month for September and October 2003

Presented awards to Walter Lewis, Guadalupe Operations and Bruce Tenma, Chaboya Maintenance as Employees of the Month for September 2003.

Presented awards to Reyne Jimeno, River Oaks Administration; and Jesus De La Cruz, Chaboya Maintenance as Employees of the Month for October 2003. Paul Dankert, North Operations, was unable to attend.

B. Adopted Resolution No. 03.10.15 recognizing October as Domestic Violence Awareness Month.

  

CONSENT AGENDA

5. Approved the Minutes of the Regular Board of Directors Meeting of September 4, 2003.
  
 

ADMINISTRATION AND FINANCE COMMITTEE

6. Authorized the General Manager to renew benefit contracts with Kaiser, PacifiCare, Valley Health Plan, Delta Dental, Pacific Union Dental, ProBusiness and Highmark Life Insurance Company effective January 1, 2004 for all VTA employees and retirees.
  
7. Authorized the General Manager to extend the existing contract with ICMA Retirement Corporation through June 30, 2009, including new provisions for Revenue Sharing and for PLUS Fund fee reductions, and an agreement that VTA will not obtain plan administration or investment services from any other deferred compensation provider during the term of the agreement. �
  
8. Authorized the General Manager to execute an amendment to the Attorney Services Agreement with the firm of Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP to add $50,000, for a new not-to-exceed contract value of $1,025,000, and to extend the term of the Agreement two years until June 30, 2005. �
  
9. Authorized the General Manager to extend the current contract with Shaker M. Sawires to provide engineering claims analysis and expert witness services through conclusion of the pending litigation between VTA and Homer J. Olsen, Inc., and increase the authorized contract amount by $30,000 for a new contract total not to exceed $255,000.
  
10. Authorized the General Manager to amend the contract with Santa Clara Valley Highway Associates for project controls, right of way engineering and construction management services supporting construction of the I-880/Coleman Avenue Interchange Project for an amount not to exceed $7,222,522 and establishing a new total contract value of $20,177,522; and extend the term of the contract through October 2006.
  
11. Authorized the General Manager to make changes to the benefits program for Non-Represented employees.
  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

12. Approved modification of the Annual Monitoring and Conformance Requirements for 2003 to allow foregoing of Congestion Management Program traffic level of service monitoring.
  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

13. Authorized the General Manager to execute a contract with Republic Electric, the lowest responsible bidder, in an amount of $369,525 for furnishing and installation of new light emitting diode (LED) LRT signal modules assemblies with lens and train approaching symbol signs. This project is 80 percent federally funded.
  
14. Authorized the General Manager to execute a contract with Universal Sweeping Services, Inc., the lowest responsible and responsive bidder, for parking lot power sweeping services of VTA-owned parking lots in Santa Clara County for $116,197 for a three-year term with two one-year extension options for $40,685 in option year four and $41,703 in option year five.
  
  
 Go to Top
  
  

REGULAR AGENDA

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #21.A.)

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

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #21.B.)

15. Adopted the VTA Pedestrian Technical Guidelines to be used to promote high-quality pedestrian design for projects around Santa Clara County as well as for VTA projects.�
  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #21.C.)

16. Deferred authorizing the General Manager to execute a contract for supply and delivery of bus signal priority equipment for use in the Line 22 Bus Rapid Transit (BRT) project.
  
17.

Reviewed the January 2004 Transit Service Reduction Plan: 1) Receive staff responses to public comments made during the California Environmental Quality Act (CEQA) comment period for the January 2004 Transit Service Reduction Plan; 2) Adopt a finding that there is a fiscal emergency, as defined by Public Resources Code (P.R.C.) �21080.32(d)(2), caused by failure of VTA revenues to adequately fund VTA services, programs and facilities; 3) Invoke a Statutory Exemption under CEQA, P.R.C. �21080.32 and CEQA Guidelines Section 15285 (Transit Agency Responses to Revenue Shortfalls) for the purpose of implementing the January 2004 Transit Service Reduction Plan; and 4) Approve the service modifications included in the January 2004 Transit Service Reduction Plan, Alternatives A and B. Alternative A could potentially mean a combined reduction in bus and light rail services of approximately 21 percent. Alternative B will result in a combined reduction in bus and light rail service of approximately 3 percent. In addition, authorize staff to implement either Alternative A or Alternative B of the Plan in January 2004. Implementation of Alternative B is preferred, but would be contingent upon securing the authority to bond against Measure A funds.

Staff stated that Alternative B is the culmination of a series of public hearings held over the last several months.

James Wightman, Interested Citizen, stated that the reduction in bus and light rail service of 3 percent rather than 21 percent is a very good thing for the community. Mr. Wightman offered congratulations to employees who are retiring.

Doug Keegan, Interested Citizen, stated that if service were cut after VTA has received huge sums of money, his perception would be that the community would never receive what has been promised.

Requested verification that Alternative B, the 3 percent reduction in service, would not have been restored even if there had been the financial capacity to do so at this time.

Staff stated that the 3 percent reductions are service reductions that would normally take place on a regular basis for under-performing lines.

Adopted Alternative B as the preferred service plan beginning January 2004.

  
  
 Go to Top
  
  

OTHER ITEMS

18. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

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

Accepted a request from Santa Clara County Supervisor Blanca Alvarado regarding Sample Plan of Major 2000 Measure A Projects.

Stated for the record that the request also came from Santa Clara County Supervisor Blanca Alvarado as a Director of the VTA Board of Directors.

Stated that reductions being proposed given the Courts decision that allows VTA to bond with Measure A funds is only a temporary reprieve. Stated further that one of the most important obligations of the Board of Directors is to try to ask as many questions and to shed as much light as possible on the problem that is being faced or risk losing credibility with the voters.

Stated that VTA may not be able to build some of the unspecified light rail projects included in Measure A but the Downtown-East Valley light rail project is critical to be completed. Stated further that how each project is viewed is going to be very important to the long-term financial and transportation stability for Santa Clara County residents.

Directed attention to Agenda Item #18.X., Sample Plan/Major 2000 Measure A Projects; Potential Revenues from Scott D. Buhrer, Chief Financial Officer, Assumption #1., VTA completes the preliminary engineering of the BART Project and Downtown-East Valley Project (which includes the Capitol to Eastridge and Alum Rock and Santa Clara light rail lines. Stated that this assumption does not continue the evaluation in so far as a completed East Valley-Downtown Project is concerned. Stated further that the Project needs to connect with Highway 87.

Stated that Assumption #2., the cash flow makes as its first priority the completion of construction of the BART Project using maximum available debt service, relies heavily on State monies, Transportation Congestion Relief Plan (TCRP) monies, and Federal New Starts monies. Stated further that this is assuming maximum debt service which is not enough money for the BART Project.

Stated that Assumption #3., the cash flow makes as its second priority the completion of construction of a portion of Downtown/East Valley Project using maximum available debt service is a small piece from Capital Avenue to Eastridge only at a cost of $260 million. Stated further that the project does not lay out the costs before East Santa Clara and Alum Rock Avenue.

Queried when the BART Project would be completed; when the two phases of the Downtown-East Valley Project including Santa Clara/Alum Rock but all the way to Highway 87 would be completed; and when the dollars would be available for all other Measure A projects. Stated that these questions need to be asked now in order to inform the Board of Directors and the public in order to gain the trust of voters.

Stated that these issues need to be discussed at the November 2003 Workshop.

Queried if the implementation date for BART is pushed out and engineering is done now, is time being wasted now and will it have to be done again. Stated that as much information and as many options as staff can provide would be a good start for the November Workshop.

Stephen Hazel, Interested Citizen, expressed concern that VTA is dependent upon local, State, and Federal agencies, mainly the Bush Administration.

Member McLemore took his seat at 6:35 p.m.

Margaret Okazumi, Bay Rail Alliance, expressed concern that it the BART project takes 23 years to complete, there would be many extra costs.

Eugene Bradley, Santa Clara Valley Riders Union, expressed concern that VTA did not inform the public of interest costs that would need to be paid on the BART extension. Mr. Bradley noted the Financial Stability Committee stated that VTAs biggest problem is dependence upon sales tax, yet a fourth sales tax is being proposed.

Bruce M. Stevens, Interested Citizen, requested that the Board of Directors think about employees and the community who need transit now, not 26 years from now.

Zachary Cribari, Interested Citizen, stated that buses are VTAs backbone and need to come before any other sources of VTA transit.

Staff stated that at the November 7, 2003 Workshop Meeting staff the Board of Directors would be taken through the materials that have been brought to the Ad-Hoc Financial Stability Committee. Staff noted that the whole financial forecast starts with a sales tax forecast. It is the most significant that needs to be made.

  
19. LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.
  
20. REPORTS FROM AD-HOC COMMITTEES

Heard a report that the Ad-Hoc Financial Stability Committee, at its meeting on September 24, 2003: 1) Received a report form General Counsel Suzanne Gifford that the Superior Court judge ruled in VTAs favor to use bond revenue secured by and payable from the 2000 Measure A sales tax receipts to fund current bus and rail operations; 2) Received a follow up report in response to questions raised at the previous Committee meeting regarding the implementation of the Committees 19 recommendations; 3) Received and discussed the additional VTA operating financial scenarios, and the additional scenarios of Sample Plan 2000 Measure A projects and potential revenue sources, as requested by members of the Committee at the previous Committee meeting. In every financial scenario that was developed, it is clear that the Board of Directors will need to establish priorities because the current forecasts indicate that even with a new source of revenue we will not be able to deliver all of the proposed future projects; 4) The Committee discussed the need to formulate recommendations to the Board regarding a new revenue source, but agreed that one or more Committee meetings would be necessary to reach consensus on a recommendation to be presented to the VTA Board at the Boards November 7 workshop; and 5) October 1 meeting was canceled and will be rescheduled.

Heard a report that the Ad-Hoc Restructuring Proposal Committee postponed its meeting of October 2, 2003. The next meeting will be held on November 7, 2003.

  
21. 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.

  
22. 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 and 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.

  
23. 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)

  
24. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

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, received a series of updates regarding the Capitol Light� Rail Project, a financial report, and outreach progress.

F. Highway PAB�- South

��� Accepted as contained in the Agenda Packet.

  
25. REPORT FROM THE CHAIRPERSON

A. Chairperson Kennedy appointed herself and Board Members Gonzales and Valerio as the Nominating Committee for the election of Chairperson and Vice Chairperson for the 2004 Board of Directors. Board Member LaPoll submitted a letter of intent to serve as Vice-Chairperson for the 2004 Board of Directors.

B. Appointed Board Member LaPoll to represent VTA on the Governing Body Liaison for the Santa Clara Valley Habitat Conservation Plan and Natural Community Conservation Plan.

  
26. REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.

  
27. ANNOUNCEMENTS

There were no Announcements.

  
28. PUBLIC PRESENTATIONS

Charles McIntosh, Interested Citizen, requested a grace period at the beginning of each month for monthly pass users.

Jose Salcido, Deputy Sheriffs Association of Santa Clara County, expressed concern regarding staffing levels of the sheriffs deputies assigned to VTAs transit patrol.

  
29. CLOSED SESSION at 7:07 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. (Removed from the Agenda.)

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

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

  
30. 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

(Removed from the Agenda.)

C. Public Employee Performance Evaluation

��� [Government Code Section 54957]

��� Title: General Manager

��� Title: General Counsel

There was no reportable action taken during Closed Session.

  
31. ADJOURNED at 7:26 p.m.
  
  
 Go to Top