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Board Minutes


BOARD OF DIRECTORS MEETING

Thursday, January 8, 2004

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

1. CALLED TO ORDER�at 5:32 p.m.

ROLL CALL

Members Present:�Casas, Chavez, Cortese, Dixon, Fowler, Gage, Gonzales, McHugh, McLemore, Pirzynski, Williams, Yeager

Members Absent: Alvarado, Beall (Ex-Officio), Dando, Kennedy, Kerr, Sandoval

The Agenda was taken out of order.

  
3. ADJOURNED TO CLOSED SESSION�at 5:33 p.m.

Board Member McLemore arrived at the meeting and entered Closed Session at 5:35 p.m.

Board Member Yeager arrived at the meeting and entered Closed Session at 5:36 p.m.

Board Member Dixon arrived at the meeting and entered Closed Session at 5:41 p.m.

City of Los Altos Council Member Casas, representative for Group 2,arrived at the Board Meeting at 5:41 p.m.


  
2. ADMINISTERED OATH OF OFFICE�to Council Member David Casas, City of Los Altos, representing Group 2.

Board Member Casas went into Closed Session at 5:42 p.m.

  
3. CLOSED SESSION�(Continued)

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

Name of Case: Nam Van Pham v. Santa Clara County Transportation Authority
(Santa Clara County Superior Court Case CV810820)

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

Name of Case: Grzegorz Ciesielski v. Santa Clara County Transportation Authority
(Santa Clara County Superior Court Case CV804795)

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

Employee Organizations:
Amalgamated Transit Union (ATU) Local 265

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

Board Member Cortese arrived at the meeting and entered Closed Session at 5:42 p.m.


RECONVENED TO OPEN SESSION at 6:04 p.m.

Noted�that the VTA Board of Directors Regular Meeting will now start at 5:30 p.m. then immediately go into Closed Session.

Noted�that Public Presentations will immediately follow Awards and Commendations beginning with the January 8, 2004 VTA Board of Directors Regular Meeting.
  
4. CLOSED SESSION REPORT

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

Name of Case: Nam Van Pham v. Santa Clara County Transportation Authority
(Santa Clara County Superior Court Case CV810820

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: Grzegorz Ciesielski v. Santa Clara County Transportation Authority
(Santa Clara County Superior Court Case CV804795)

There was no reportable action taken during Closed Session.

C.���� Conference with Labor Negotiators
[Government Code Section 54957.6]

Employee Organizations:
Amalgamated Transit Union (ATU) Local 265

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.
  
4.X. Al Triplett, ATU Local 265 President, expressed appreciation�to the VTA Board of Directors for approval of the labor agreement negotiated between Santa Clara Valley Transportation Authority and Amalgamated Transit Union (ATU) Local 265.� Mr. Triplett noted the community called upon ATU Local 265 members to assist VTA through the current financial crisis.�� Mr. Triplett added that members have deferred previously scheduled wage increases and agreed to pay a greater share of health care costs for benefits.� Mr. Triplett acknowledged Ms. Evleth and VTA Staff for their diligent work, skills, and practicality during the negotiation process.� Mr. Triplett noted the respect shown during the collective bargaining process.� Mr. Triplett noted appreciation, expressed gratitude, and admiration for Mr. Buhrers diligent work during current financial crisis.� Mr. Triplett expressed regret for Mr. Buhrers departure from VTA and added that Mr. Buhrer has been a great asset to the community.

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 Amalgamated Transit Union (ATU) Local 265.

  
5. ORDERS OF THE DAY

Noted�that Public Presentations will immediately follow Awards and Commendations.

Requested�that Agenda Item #13., Adopt a Financial Stability Strategy, which includes revenue enhancement measures recommended by the Ad-Hoc Financial Stability Committee�be removed from the Regular Agenda and deferred to the February 5, 2004 VTA Board of Directors Regular Meeting.

Accepted Orders of the Day.

  
6. AWARDS AND COMMENDATIONS

A.� Employees of the Month for January 2004

Presented�awards to Laura Fosselman, Chaboya Maintenance, as VTA Employee of the Month for December 2003 and Mary Ortega, Chaboya Operations; Sara Keating, Chaboya Maintenance; and Jean Wright, River Oaks Administration, as VTA Employees of the Month for January 2004.

Board Members with Five Years of Service

Recognized and presented five-year pins to Board Members with Five Years of Service with VTA to Board Members Chavez, Gonzales, McLemore, Ex-Officio Board Member Beall, and Former Chairperson Kennedy.

B.� Recognize Outgoing Board Members

Recognized and presented�gifts to outgoing Board Members Valerio, Mossar, LaPoll, and Former Chairperson Kennedy. Outgoing Board Member Springer was unable to attend.

C.� Recognize 2003 Board Chairperson Jane P. Kennedy

Recognized�2003 VTA Board Chairperson Jane P. Kennedy.

Expressed appreciation�for the VTA Board of Directors diligent work and dedication.

Former Chairperson Kennedy thanked and noted appreciation�for the opportunity to work with VTA Board of Directors and VTA Staff.� Former Chairperson Kennedy noted appreciation for the support of VTA Staff and the City of Campbell Staff for their diligent work.� Former Chairperson Kennedy thanked constituents for their support.� Former Chairperson Kennedy noted that this has been a difficult year; however, added that VTA now has in place a better operation and system.

Staff thanked and acknowledged�outgoing Board Members for their diligent work and dedication within VTA.� �Staff noted�departure of Mr. Buhrer and Lisa Ives, Principal Transportation Planner, from VTA the second week in January 2004.� Staff acknowledged Mr. Buhrer and Ms. Ives for being a tremendous asset and noted their diligent work within VTA.� Staff noted Ms. Ives contribution to the BART Project and Mr. Buhrers strategic financial planning within VTA.� Staff added that Mr. Buhrer and Ms. Ives will be missed, congratulated and wished them well in their future.

Welcomed�returning and newly appointed Board Members for the year and noted appreciation�for opportunity to work with one another.� Introduced�Board Member David Casas, City of Los Altos, representing Group 2; Board Member Breene Kerr, Town of Los Altos Hills, representing Group 2 as an Alternate Board Member; Board Member Fred Fowler, City of Sunnyvale, representing Group 2 as an interim appointment; Board Member Joe Pirzynski, Town of Los Gatos and VTA Vice Chairperson, representing Group 3; Board Member Dolly Sandoval, City of Cupertino, representing Group 3 as an Alternate Board Member; Board Member Patricia Dixon, City of Milpitas, representing Group 4; Board Member Dennis Kennedy, City of Morgan Hill, representing Group 4 as an Alternate Board Member; Board Member Pete McHugh, Santa Clara County Board of Supervisors, representing Group 5; and Board Member Blanca Alvarado, Santa Clara County Board of Supervisors, representing Group 5 as an Alternate Board Member.�

Thanked�everyone for their participation and noted�pleasure of working with everyone.� Noted�that VTA Board of Directors will continue to face challenges; however, noted appreciation to work with VTA Board of Directors, VTA Staff and the community to continue to provide excellent public transportation services.

  
27. PUBLIC PRESENTATIONS�

James Wightman, Interested Citizen, expressed concern�regarding Tasman East Light Rail opening and noted the need for the opening date to be posted on the map.

Jerry Grace, Interested Citizen, wished�everyone a Happy New Year and recognized the newly appointed Board Members.� Mr. Grace noted that this year will be better. Mr. Grace commented on the composition of the VTA Board of Directors.

Vice Chairperson Pirzynski left the meeting at 6:24 p.m.

  
7. COMMENTS FROM CHAIRPERSON DONALD F. GAGE

A.��Board Standing Committee Appointments

Approved�recommendations for Board Member Appointments to the following Board Standing Committees for 2004:

Administration and Finance Committee
Forrest Williams, Chairperson
Don Gage
David Casas
Trish Dixon

Congestion Management Program and Planning Committee
Cindy Chavez, Chairperson
Pat Dando
John McLemore
Fred Fowler

Transit Planning and Operations Committee
David Cortese, Chairperson
Pete McHugh
Ron Gonzales
Joe Pirzynski

B.� Appoint a New Member of the VTA Board of Directors to represent VTA on the Governing Body Liaison for the Santa Clara Valley Habitat Conservation Plan and Natural Community Conservation Plan.

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

CONSENT AGENDA

8. Approved the Minutes of the Regular Board of Directors Meeting of December 4, 2003.

  
 

ADMINISTRATION AND FINANCE COMMITTEE

9. Authorized the General Manager to execute a contract with FCI Constructors, Inc/Pavex Joint Venture, the lowest responsible bidder, in the amount of $44,173,465 for construction of the I-880/Coleman Avenue Interchange Project in the City of San Jose. The contract award is contingent upon final action on the sale of GARVEE Bonds by the California Transportation Commission anticipated in January 2004. The project is 97 percent federally funded.

  
10. Adopted a support position for Regional Measure 2, which deals with San Francisco Bay Area bridge tolls.

  
 

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

 There were no items submitted for the Consent Agenda by the Transit Planning and Operations Committee.
  
  
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REGULAR AGENDA

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - Forrest Williams - (See Agenda Item # 20.A.)

11. Approved the 2004 State Legislative Program for the Santa Clara Valley Transportation Authority (VTA).
  
12. Approved�the 2004 Federal Legislative Program for the Santa Clara Valley Transportation Authority (VTA).
  
13. (Deferred to the February 5, 2004 VTA Board of Directors Meeting.)

Adopt a Financial Stability Strategy, which includes revenue enhancement measures recommended by the Ad Hoc Financial Stability Committee.

  
14. AdoptedResolution No. 04.01.01�amendment to Fare Tariff Resolution No. 03.06.09�relating to the San Jose State University Transit Access Program (TAP).

Acknowledged and thanked�Anne-Catherine Vinickas, Marketing and Customer Service Director; VTA Staff; Peter M. Cipolla, General Manager; Mayor Ron Gonzales; Jim Webb; and City of San Jose Staff for being instrumental in the matter relating to the San Jose State University (SJSU) Transit Access Program (TAP).� Noted appreciation�to everyone for their diligent work relating to SJSU TAP.

Alfonso De Alba, Executive Director, Associated Students of SJSU, thanked�Mayor Ron Gonzales, Board Members Chavez and McLemore for their assistance relating to the SJSU TAP.� Mr. De Alba thanked VTA Staff for their diligent work within the SJSU TAP.� Mr. De Alba noted the importance of the program and acknowledged all parties for working together for this long-term partnership.�Mr. De Alba thanked and noted appreciation to Mr. Cipolla and Ms. Vinickas for their participation and working with SJSU TAP.

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - Cindy Chavez - (See Agenda Item # 20.B.)

15. Approved the programming of Santa Clara Countys Regional Improvement Program (RIP) share of the 2004 State Transportation Improvement Program (STIP).
  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE CHAIRPERSON'S REPORT - David Cortese - (See Agenda Item # 20.C.)

16. Authorized�the General Manager to enter into a contract with Securitas Security Services USA, Inc., (Securitas) to provide armed and unarmed security and protective services for all VTA facilities and selected transit centers and light rail station platforms.� �The term of the contract is three years with two one-year options in the amount of $16,247,700 for the first three years of the contract.� Further, authorized�the General Manager, at his discretion, to exercise the two one-year options for an amount of $12,157,600 for the fourth and fifth years of the contract.

Requested�information regarding benefits and wages, including wage scale and entry-level wages for employees with Securitas Security Services USA, Inc., (Securitas).� �Requested�a comparison of turnover as compared to other companies.

Staff noted�that VTA is seen as a prize project to work with and there is very little turnover rate.� �Staff commented�that VTA maintains a high caliber of officers.�

Queried�on the rationale of the two one-year extensions and why the contract would not return to the Board of Directors for approval.� �Staff noted�that contracts are usually written out this way.

Board Member Gonzales left the meeting at 6:45 p.m.

  
  
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OTHER ITEMS

17. Adopted�a support position for Proposition 56, the Budget Accountability Act (Requested by SEIU 715) on a vote of 11 ayes, 0 noes and 1 abstention to adopt a support position for Proposition 56, the Budget Accountability Act (Requested by SEIU 715).� �Chairperson Gage abstained.

Noted�the good side of the position and inquired�on the down side of the position.� Staff noted no down side and added that the intention is to get the budget in on time without delays.�

Noted abstention�vote within the Board of Supervisors Meeting due to it not being on the agenda and noted�intention to abstain from the vote within VTA Board of Directors Meeting due to inability to support the entire position.

Noted�that the Santa Clara County Board of Supervisors approved the position for Proposition 56, the Budget Accountability Act on a vote of 4 ayes, 0 noes and 1 abstention.� Noted�that Santa Clara County Board of Supervisor Gage abstained from the vote.

  
18. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no Items of Concern and Referral to Administration.

  
19. LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

  
20. 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.

  
21. 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.

  
22. REPORTS FROM JOINT POWERS BOARDS (JPBs) REGIONAL COMMISSIONS

Advised�the Board Members that the Reports from the Joint Powers Boards (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)
  
23. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A.��Vasona Light Rail PAB

There was no report from the Vasona Light Rail PAB.

B.��Silicon Valley Rapid Transit Corridor PAB

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

C.��Caltrain PAB

There was no report from the Caltrain PAB.

D.�� Downtown/East Valley PAB

Accepted as contained in the Agenda Packet.

E.��Highway PAB South

Accepted as contained in the Agenda Packet.

  
24. REPORT FROM THE CHAIRPERSON

There was no report from the Chairperson.

  
25. REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.

  
26. ANNOUNCEMENTS

Advised�that Public Presentations will immediately follow Awards and Commendations.

  
28. ADJOURNED�at 6:50 p.m.
  
  
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