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Board Minutes


BOARD OF DIRECTORS MEETING

Thursday, February 5, 2004

Minutes

1. CALLED TO ORDER

The Regular Meeting of the Santa Clara Valley Transportation Authoritys (VTA)Board of Directors was called to order by Chairperson Gage at 5:33 p.m. in the� �Board of Supervisors Chambers, County Government Center, 70 West Hedding Street, San Jose, California.

  
2. ROLL CALL

Members Present
David Casas
Cindy Chavez
Pat Dando
Patricia Dixon
Frederik Fowler
Don Gage, Chairperson
Pete McHugh
John McLemore
Joe Pirzynski, Vice Chairperson
Forrest Williams
Ken Yeager, Alternate

Members Absent
Jim Beall, Ex-Officio
Ron Gonzales

Alternates Present
Blanca Alvarado
Dennis Kennedy
Dolly Sandoval

Alternates Present
Breene Kerr
  
3. OATH OF OFFICE

Chairperson Gage stated that all Oaths of Office were administered.

  
4. CLOSED SESSION

There was no Closed Session

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 Organization:
County Employees Management Association(CEMA)

VTA Designated Representatives:
Kaye L. Evleth, Chief Administrative Officer
Matthew Tucker, Chief Operating Officer
Robert Escobar, Manager, Employee Relations
  
5. CLOSED SESSION REPORT

There was no Closed Session Report.

  
6. ORDERS OF THE DAY

Chairperson Gage noted that staff requested that Agenda Item #12., Authorize the General Manager to execute a contract with DeSilva Gates Construction, the lowest responsible bidder, in the amount of $2,040,694 for construction of Segment B of the US 101/Bailey Avenue Interchange project from the Consent Agenda and deferred to the April 1, 2004 VTA Board of Directors Regular Meeting.

Chairperson Gage noted that staff requested that Agenda Item #13., Approve increase of Bicycle Expenditure Program (BEP) allocation to the River Oaks Bicycle/Pedestrian Bridge (Tier 1 Bicycle Project) from $250,000 to $700,000 from the Consent Agenda and deferred to the April 1, 2004 VTA Board of Directors Regular Meeting.

Chairperson Gage stated Agenda Item #25.X., Approve appointment of the representatives to the Dumbarton Rail Corridor Policy Advisory Committee is to be added to the Agenda.

Chairperson Gage requested that Agenda Item #16., Adopt a Financial Stability Strategy, which includes revenue enhancement measures recommended by the Ad-Hoc Financial Stability Committee and Agenda Item #16., Financial Stability Strategy Recommendations from the Regular Agenda and deferred to the March 4, 2004 VTA Board of Directors Regular Meeting.� �Stated that his office had just received the memo in the morning and he did not have enough time to absorb the data and that is to adopt a financial stability strategy.� Now that was part of the thing that we were going to discuss tonight but the memo was added on to that late today and I think both of those items need to be discussed together in all fairness.

Board Member Cortese took his seat at 5:41 p.m.

Chairperson Gage stated that the Public requested removal of��Agenda Item #11., Authorize the General Manager to execute an agreement with��Hynix Semiconductor America Inc., for the lease of a Silicon Valley Rapid Transit Project Office for an amount not to exceed $ 2,000,000, which includes $1,600,000, for rent, and $400,000 for tenant improvements and miscellaneous office furniture.� The agreement term will be two years to allow completion of Preliminary Engineering, with an option to extend one year at 95 percent of the then market rate determined by an appraisal from the Consent Agenda for and placed on the Regular Agenda for discussion.

M/S/C (McHugh/Chavez)�to accept the Orders of the Day and approve the Consent Agenda.

M/S/C (McHugh/Chavez)�to amend the motion to include the removal of��Agenda Item #15., Approve the FY 2004-2013 Short Rang Transit Plan (SRTP) from the Consent Agenda and placed on the Regular Agenda for discussion.

The Agenda was taken out of order.

  

CONSENT AGENDA

9. Minutes of the Regular Board of Directors' Meeting of January 8, 2004

M/S/C (McHugh/Chavez)�to approve the Minutes of the Regular Board of Directors Meeting of January 8, 2004.

  
 

ADMINISTRATION AND FINANCE COMMITTEE

10. Authorize the General Manager Execute an Agreement with Fidelity Investments

M/S/C (McHugh/Chavez)�to Authorize the General Manager to execute an agreement with Fidelity Investments (Fidelity), a professional investment management firm to manage 15 percent ($36.6 million) of VTA/ATU Pension Trust assets for a fee of 64/100 of 19 percent which is an estimated amount of $236,800.

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

Authorize the General Manager to execute an agreement with Hynix Semiconductor America Inc., for the lease of a Silicon Valley Rapid Transit Project Office for an amount not to exceed $ 2,000,000, which includes $1,600,000, for rent, and $400,000 for tenant improvements and miscellaneous office furniture.� �The agreement term will be two years to allow completion of Preliminary Engineering, with an option to extend one year at 95 percent of the then market rate determined by an appraisal.

  
12. (Deferred to the VTA Board of Directors Regular Meeting of April 1, 2004.)

Authorize the General Manager to execute a contract with DeSilva Gates Construction, the lowest responsible bidder, in the amount of $2,040,694 for construction of Segment B of the US 101/Bailey Avenue Interchange project.

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

13. (Deferred to the VTA Board of Directors Regular Meeting of April 1, 2004.)

Approve increase of Bicycle Expenditure Program (BEP) allocation to the River Oaks Bicycle/Pedestrian Bridge (Tier 1 Bicycle Project) from $250,000 to $700,000.

  
14. Clarification of Transportation Impact Analysis Guidelines (May 1998) to Reflect Update of Traffic LOS Analysis Guidelines (June 2003)

M/S/C (McHugh/Chavez)�to Approve the following clarifications to the Transportation Impact Analysis Guidelines�May 1998) to be consistent with the traffic level of service analysis methods of the Traffic Level of Service Analysis Guidelines update approved at the June 2003 VTA Board Meeting: (1) use of average control delay and the Highway Capacity Manual 2000 (HCM2000) methods for signalized intersections; (2) use of HCM2000 density criteria with certain adjustments to reflect Santa Clara County conditions for freeways; and (3) use of HCM2000 methods for rural highways.

  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

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

Approve the FY 2004-2013 Short Range Transit Plan (SRTP).

  
7. AWARDS AND COMMENDATIONS

Employees of the Month for February 2004���

Recognized Joe Hveem, River Oaks Administration; and Shawn Curry, Guadalupe Operations as our Employees of the Month for February 2004.� �Robert Jaurequi, Chaboya Maintenance, was unable to attend.

  
8. PUBLIC PRESENTATIONS

James Wightman, Interested Citizen, recommended fining pedestrians stopping in the middle of the street which cause light rail vehicles to stop suddenly, expressed concern regarding riders eating on light rail vehicles and queried as to the status of retrofitting the platforms located Downtown San Jose.

Jerry Grace, Interested Citizen, stated he was pleased with the report he read about VTA, surprised to hear about Mayor Gonzales stroke, and queried about his health.

  
  
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REGULAR AGENDA

  
11. Silicon Valley Rapid Transit Project - Project Office Lease Agreement

Terry Applegate, Silicon Valley Independent Living Center, requested the contract be reconsidered.

Board Member Chavez stated that it was asked that the Redevelopment Agency perform research with regard to market rates and sales and that the Redevelopment Agency reported that the rates were below market rate.� �Board Member Chavez queried as to the market rate and rental rate of the Hynix Building.

Jack J. Collins, Chief Construction Officer, responded that research was done in North San Jose and the typical lease rates in that area vary from $1.50 to $1.70 and that $1.70 is the average rate in that area.� �Staff considered another property on North First Street but another property that we looked at in North First Street but would have $2 million in tenant-improvements because it is not set up for an office.� The office at the Hynix Building is office ready and has 135 partitions, new carpets, a new phone system wired for computers, and very little in terms of tenant improvements.� Hynix Semiconductor will furnish cubicles but it will be necessary to purchase some furniture for conference rooms, which will be purchased through Hynix Semiconductor.

Board Member Pirzynski queried if there is a nexus between Agenda Item # 11., Authorize the General Manager to execute an agreement with Hynix Semiconductor America Inc., for the lease of a Silicon Valley Rapid Transit Project Office for an amount not to exceed $ 2,000,000, which includes $1,600,000, for rent, and $400,000 for tenant improvements and miscellaneous office furniture.� �The agreement term will be two years to allow completion of Preliminary Engineering, with an option to extend one year at 95 percent of the then market rate determined by an appraisal and Agenda Item # 17., Authorize the General Manager to execute a contract with the joint venture of Hatch Mott MacDonald Transportation and Tunnels, Inc., and Bechtel Infrastructure Corporation for tunnel design and program control services for the Silicon Valley Rapid Transit (SVRT) Project in an amount not to exceed $51,200,000 for the Preliminary Engineering phase.� �The initial contract term will be for 24 months with future amendments to be presented to the Board for final design and construction management services once approval to enter into final design for the SVRT Project is determined.� The contract is 1 percent ($500,000) federally funded.

Mr. Collins responded that there is a nexus between both Agenda Items because the project offices will be for consultants and VTA staff that will be assigned to the BART Project.

M/S/C (Chavez/McHugh) on a vote of 9 yeas, 2 noes, and 0 abstentions to Authorize the General Manager to execute an agreement with Hynix Semiconductor America Inc., for the lease of a Silicon Valley Rapid Transit Project Office for an amount not to exceed $ 2,000,000, which includes $1,600,000, for rent, and $400,000 for tenant improvements and miscellaneous office furniture.� �The agreement term will be two years to allow completion of Preliminary Engineering, with an option to extend one year at 95 percent of the then market rate determined by an appraisal.� Board Members Casas and McLemore voted no.

Board Member Williams queried as to the reason for deferral of���Agenda Item # 12., Authorize the General Manager to execute a contract with DeSilva Gates Construction, the lowest responsible bidder, in the amount of $2,040,694 for construction of Segment B of the US 101/Bailey Avenue Interchange project.���Mr. Collins responded that the Contractor for Segment A is still working on the Project and there may be access issues to the Contractor for Segment B of the Project.

  
15. FY 2004-2013 Short Range Transit Plan (SRTP)

Board Member Fowler request clarification of areas with regard to the 80 percent farebox recovery rates for Years 2004 through 2007 located on Table 3-1 on Page 3-19 of the Operating Report and queried if the Board of Directors have acted in term of making priority.

Peter M. Cipolla, General Manger, responded that the report does not reflect only increase fares but an increase in ridership at annual rate of approximately two percent per year, the addition of two light rail lines, and feeder bus service that are going into those lines.

Chairperson Gage responded that the fare increases over the next two to three years have been determined.� �He also noted that the rates will be reviewed to see if it meets existing financial conditions.

Board Member Fowler requested further clarification of the 1976 half-cent sales tax, located on Table 3-1 of Page 3-19, due to the significant growth in numbers between 2005 and 2007.� �Mr. Fowler referred to the seven percent increase in 2004 and 2005, the nine percent increase between 2005 and 2006 and a six percent increase between 2006 and 2007.

Mr. Cipolla responded that after review of a very conservative, and a much more expansive scenario, the Board of Directors did in fact adopt this scenario.� �The Board Members also requested staff incorporation of this moderate baseline scenario into the STRP.

Board Member Fowler noted that on Other Revenue/Cost Reductions under Funds, located on Table 3-1 of page 3-19, that Year 2006 reflects $30 million, Year 2007 reflects $38 million and then it decreases and queried if it basically means that there is a� �$30 to $40 million a year problem in the Operating Plan commencing in Year 2006 and if there is Board policy as to how this problem is going to be addressed.� Mr. Cipolla responded that the Board of Directors is considering how to bring in additional revenue and/or reduce service.

Board Member Fowler noted that although the baseline is moderate some of the assumptions were a little too optimistic and queried if there was a contingency plan if the sales tax did not increase at the rate shown on the Operating Report.� �Mr. Cipolla responded that the Plan is revisited and updated every three years and the contingency plan is that the Board has the authority to modify, reduce service or cut more service.

Board Member Fowler queried if there is a process in place to identify alternatives and options for future revenue sources.

Chairperson Gage responded that the Ad-Hoc Financial Stability Committee considered various alternatives and narrowed it down to a half-cent sales tax.� �Mr. Gage stated that although there are other sources for generating revenue, the majority will have to come form the half-cent sales tax.�

Board Member Casas requested a timeline in examining options to be considered in addressing issues of the Operating Budget.

Chairperson Gage responded that different options, such as license fee and gasoline taxes will have to be considered at different levels.

Mr. Grace queried about plans to connecting BART to Caltrain and expressed concern regarding monthly passes for the disabled.� Mr. Cipolla advised that corrected figures regarding the monthly pass for the disabled would be provided to Mr. Grace.

Board Member Dando recommended a workshop or review for new Board Members to receive information on the strategy developed and discussed by the Ad-Hoc Financial Stability Committee.

M/S/C (Fowler/Chavez) to Approved the FY 2004 2013 Short Range Transit Plan (SRTP).

  
 

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

16. (Deferred to the VTA Board of Directors Regular Meeting of March 4, 2004.)

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

  
 

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

17. Silicon Valley Rapid Transit Project tunnel Preliminary Engineering and Program Control Services

Mr. Collins reported that the information contained in the Board Memo addresses the selection process and negotiations that the first of six major consultant teams that will work with VTA on the Preliminary Engineering (PE) for the Bart Extension over the next two years.� �Mr. Collins noted that between now and August 2004 the remaining five design team contracts will be forwarded to the Board of Directors for approval.

Mr. Collins provided rationale to the Board Members as to why it is important to move forward with the PE.� �He noted that there are key Federal Transit Administration (FTA) issues that need to be resolved.� The PE at $170 million represents four percent of the total estimated project costs and the FTA encourages transit authorities to accomplish PE in parallel with project environmental clearance in order to better define project scope, capital and operating costs and a risk assessment of project uncertainties.� Mr. Collins stated that while VTA recently completed conceptual engineering, the level for design detail is insufficient to validate the cost estimates to a great level of accuracy, which is important in shoring up the financial plan.�

Mr. Collins quoted a letter from the FTA to VTA authorizing PE:� �refine the financial plan, undertake value engineering, develop detailed engineering and construction costs estimates, encourage transit support of land use planning around station areas, confirm commitment of non-new starts financing, and address projects readiness issues identified by the FTA.� �Mr. Collins noted that the most tangible benefit of PE work over the next two years is preparation of better estimates that are a function of doing more design work and value engineering investments.� The potential to reduce costs and project risks and thereby refine the financial plan, which is key to FTA approval, cannot be accomplished without design work.�

Mr. Collins noted that another important task during PE is refining joint development opportunities around stations.� �VTA and local cities are working to encourage attracting private sector development and investment at station areas.� �These plans are best developed now and can have a dramatic impact on project cost and the financial plan.

Mr. Collins stated that the FTA relies heavily on the information included in PE to determine if a major new starts project like the Silicon Valley Rapid Transit Project is ready to proceed into final design.� �Without PE work complete, is it unlikely the FTA would have enough information to make a project readiness determination, therefore, the most logical stopping point if it is necessary for the Board to stop project development is after PE.�

Board Member Casas queried as to the impact of delaying the PE by three to six months.� �Mr. Collins responded that the primary impact is that the project schedule is deferred by three to six months as well as that the Federal Government will start to question the commitment to the project.

Board Member McLemore queried why the Federal Government would be concerned if VTAs commitment to the project is postponed.� �Mr. Cipolla responded that the Federal Government would be concerned about VTAs commitment to the project if postponed. Board Member McLemore queried as to when the other five contracts will be coming for Board approval.� �Mr. Cipolla responded that it they would be coming before the Board in the next few months.

Board Member McHugh stated he would be supporting the motion because shelf readiness is extremely important, as well as commitment and image.� �Board Member McHugh requested clarification from Staff that this action will not disadvantage any other projects, specifically the Downtown East Valley Project.

Board Member Chavez left her seat at 6:23 p.m.

Mr. Cipolla reiterated that action taken tonight would not disadvantage any other project.

Board Member Chavez took her seat at 6:26 p.m.

Chairperson Gage stated that he does not like to postpone most things when decisions can be made so easily but that there are certain issues, because of their significance that sometimes take a little bit more thought and consideration because of the impact.� Chairperson Gage expressed concern regarding moving the PE so quickly and further expressed concern about the noticing of the public why the Board of Directors are making their decision.� Chairperson Gage recommended that at the February 27, 2004 Board Workshop, staff provide an explanation why the PE needs to be prepared now instead of later.

Board Member McHugh left his seat at 6:29 p.m. Board Member McHugh took his seat at 6:30 p.m.

Board Member Chavez stated that it is not the right time to slow the project down and that it is time to move forward as a Board.� �Board Member Chavez acknowledged that some of the greatest projects in the State of California were built during the Depression.

Chairperson Gage expressed concern regarding a split decision of the Board Members and stated it is good business policy to advise the public of all of the facts.

Bernadette Arellano, Field Representative for Congressman Mike Honda, provided a statement in support BART to San Jose Project.

Joseph Furtado, Consultant for Assembly Transportation Committee, Assemblyman�John Dutra� �stated the Committees Chairperson recommends moving forward with the PE as BART is an important part of the Bay Area Transportation puzzle which will help to alleviate freeway congestion and contribute to smart growth along transit routes.� Also stated that it will more fully integrate the Bay Area as a region, bring more jobs in and stimulate economic expansion in Santa Clara County and everywhere.

Tom Blaylock, Member BART Board of Directors and Dumbarton Rail Committee, urged that Board Member approve the Hatch Mott MacDonald and Bechtel contract.

Rod Diridon, Interested Citizen, stated that the danger is not shortage of funding but rather delay and expressed concern that even a short delay means a loss in buying power.� Also stated that it is necessary to do homework, part of it being the PE.

Alternate Board Member Yeager took his seat at 6:45 p.m.

Jose Esteves, Mayor of the City of Milpitas, requested the PE contract be awarded.

Philip Bump, South Bay AFL-CIO Labor Council, encouraged the Board Members to move forward with the PE for BART.

Manuel Valerio, Interested Citizen, stated that it is time to move forward with the PE because there is a need to lay down the groundwork and a more refined knowledge of the cost of the project.

Alice Frayne, Interested Citizen, stated that she favored delaying the PE and requested that a higher priority be made for the working poor and people who cannot drive to have buses and for a safe way to travel.

Christopher Lepe, Transportation and Land Use Coalition, expressed concern regarding the cost of BART project and PE and lack of funding for operations once the project is completed.

Gus Morrison, Mayor of City of Fremont, expressed his support of the BART Project.

Don Gagliardi, Interested Citizen, urged the Board to authorize the PE funds.�

Laura Stuchinsky, Silicon Valley Manufacturing Group, urged the Board to authorize the first PE contract for the BART Extension to Silicon Valley.

Carl Guardino, Silicon Valley Manufacturing Group, expressed his support of the PE and bringing the BART Extension to San Jose.

Sally Probst, Interest Citizen, requested the Board approve the PE.

Alex Kobayashi, Assembly Member Manny Diaz Office, stated Assembly Member Diaz support of the PE for improvement of the Silicon Valley Rapid Transit Corridor.

Board Member Cortese left his seat at 7:01 p.m.

Grant Bentley, Interested Citizen, stated that the most important reason to consider the PE is because of land use planning activities.

Board Member Cortese took his seat at 7:02 p.m.

Ernest Guzman, Strong Neighborhoods Initiative, expressed his support of the PE.

Elizabeth Hayes, Interested Citizen, requested the Board Members postpone the funding for BART until VTA gets its house in order.

Christopher Coulter, Interested Citizen, stated it is his hope that his vote to bring BART to San Jose will be honored and urged the Board Members to approve the PE contract.

Neil Struthers, CEO Building Trades Council, urged that the vision of BART be kept moving forward, to approve the PE, and restore confidence with the Public.

Margaret Okuzmi, Bay Rail Alliance, requested the Board Members review the most current FTA New Starts Report before granting the PE and stated that VTA needs to address the structural deficit.

Jeff Dennison, Tri-County Apartment Association, urged the Board Members to award the contracts.

Josue Garcia, Building Trades Council, voiced his support of bringing to BART to�San Jose.

Jim Homer, Laborers Local 270, urged the Board Members to keep the vision of BART and the PE moving forward.

Eugene Bradley, Santa Clara VTA Riders Union, expressed concern regarding the expenditure of PE, requested a delay of the funding for BART until all the associated costs can be disclosed, and stated the reason to wait for BART is because Silicon Valley needs buses now.

Ms. Applegate extended an invitation to the Board Members to spend a day at the Agency to enable them to see what clients need to do to get to the light rail and stated that it is important to reprioritize in light of the federal and state budget.

Board Member Casas left his seat at 7:21 p.m.

Erik Schoennauer, Interested Citizen, thanked the Board Members for their service on the Board and urged the Board Members to vote yes on the PE.

Board Member Casas took his seat at 7:22 p.m.

Bruce M. Stevens, Interested Citizen, thanked the Board Members for moving Public Presentations back to the front of the meeting and requested that the PE also consider alternatives.

Frank Jesse, BEA Systems, emphasized land use planning development.

Board Members Chavez and Dando left their seat at 7:24 p.m.

Ross Signorino, Interested Citizen, stated that it would be cheaper if the tunnel did go down 50 to 70 feet below ground level.

Board Member Dando took her seat at 7:25 p.m.

Rani Ranjan, Interested Citizen, encouraged Board Members to proceed forward with BART because it will elevate the City of San Jose to a global center.

Board Member Chavez took her seat at 7:27 p.m.

Robert Tragni, International Brotherhood of Electrical Workers, supported moving the PE forward.

Zachary Cribari, Interested Citizen, stated he is against the BART to San Jose Project and requested the Board Members be solely dependant on public transportation for a week for their daily personal and professional use.

David Collins, Interested Citizen, stated he is in support BART to San Jose because it will mean a lot of jobs for people and reminded Board Members why BART was not originally brought to San Jose.

Board Member Cortese noted non-support of Chairperson Gages recommendation to defer this item for a month and would be supporting this motion to move forward with thePE.�

Board Member Dando stated it is important to move forward with the PE because it will help to define how the project will actually be built as well as to actually know cost estimates.� Board Member Dando stated that the project deserves the Board Members to be bold and brave.

Board Member McLemore stated that the commitment has been made to BART and BART will be built, he expressed concern regarding not postponing the PE for a few months and that he would not be supporting the motion.

Board Member Williams noted that a delay now could mean more delays in the future, that Board Members need to have a mind set to moving forward and also noted that this is an opportune time to move forward with the PE.�

Board Member Dixon noted the her support of the motion and stated that the City of Milpitas has always overwhelmingly supported BART, believes in long term planning and that it is critical to the City of Mipitas and economic recovery of the Valley.�

Board Member Pirsynski raised the issue of credibility and timing, requested staff consider the possibility of taking a step back and educating the community and further requested staff consider all factors as VTA moves ahead.

Board Member Casas thanked the speakers for their insight and commitment.� Board Member Casas stated that even uncertainty can add to an action, however, taking a short time to examine and address the uncertainty is prudent.

Alternate Board Member Yeager stated he was in support of moving forward with the PE phase of the BART and in support of following the vision of the voters.

Board Member McHugh stated that he is grateful for having the opportunity to be part of this discussion and the deliberations and stated that he would be supporting moving forward with the proposed action.

Board Member Fowler stated that they are the stewards of public money and need to be very careful with it and how it is spent but that it is almost important to say yes sometimes it is time to move forward even though unsure as to how to and that he would be supporting the motion.

Chairperson Gage stated BART is important but it is also important to educate the public as to the Boards decision and requested staff to come forward with reasons for supporting the PE at the February 27, 2004 Board Workshop.

Board Member Chavez stated that she supports public education and requested an evening workshop to accommodate the Public.� Board Member Chavez thanks everyone for their comments.�

Chairperson Gage recommended a two-hour meeting in the evening before the end of the month.

Mr. Cipolla stated that staff will provide a report for a preliminary discussion at the February 27, 2004 Board Workshop and staff will schedule an evening meeting.

Board Member McLemore requested a breakdown of segments to understand every element of the five additional contracts and that he would not be in support the motion.

M/S/C (Williams/Chavez) on a vote of 10 yeas, 2 noes, and 0 abstentions, to authorize the General Manager to execute a contract with the joint venture of Hatch Mott MacDonald Transportation and Tunnels, Inc., and Bechtel Infrastructure Corporation for tunnel design and program control services for the Silicon Valley Rapid Transit (SVRT) Project in an amount not to exceed $51,200,000 for the Preliminary Engineering phase.� �The initial contract term will be for 24 months with future amendments to be presented to the Board for final design and construction management services once approval to enter into final design for the SVRT Project is determined.� The contract is 1 percent ($500,000) federally funded.� Board Members Casas and Pirzynski voted no.

  
18. Draft Caltrain 2004-2023 Strategic Plan

Frank Sharpless, Transportation Policy and Program Manager, stated that the recommended action is for the Board to authorize the Chairperson to send a letter to the Caltrain Joint Powers Board with a listing of VTAs comments and concerns regarding Caltrains Draft 2004 through 2023 Strategic Plan.�

Mr. Sharpless noted that the comments are contained in the Board report and the entire Strategic Plan is contained in there as well for background.�

M/S/C (McLemore/Cortese) to authorize the Chairperson to submit a letter to the Peninsula Corridor Joint Powers Board (JPB) identifying the Santa Clara Valley Transportation Authoritys (VTA) comments and concerns related to the Draft Caltrain 2004-2023 Strategic Plan.

Alternate Board Member Yeager left the Meeting at 8:21 p.m.

  
  
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OTHER ITEMS

19. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

M/S/C (Chavez/McHugh)�a recommendation for Board approval of unit clarification (re: CEMA) and requested the unit clarification issue be presented at the Standing Committees prior to Board.

  
20. LEGISLATIVE REPORT

On order of Chairperson Gage,�there being no objection, the Legislative Report was accepted as contained in the Agenda Packet.

  
21. SUMMARY MINUTES FROM STANDING COMMITTEES

Mr. Cribari requested strategizing through the Administration and Finance Committee and Transit Planning Committees various VTA projects.

A.� Administration and Finance Committee

On order of Chairperson Gage, there being no objection, the Administration and Finance Committee Summary Minutes were accepted as contained in the Agenda Packet.

B.� Congestion Management Program and Planning Committee

On order of Chairperson Gage, there being no objection, the Congestion Management Program and Planning Committee Summary Minutes were accepted as contained in the Agenda Packet.

C.� Transit Planning and Operations Committee

Ms. Applegate referenced TP&O Agenda Item # 19 dated� January 15, 2004, and VTAs Quarterly Acceptable Performance Report, First Quarter Fiscal Year 2004, expressed concern regarding mobility training, and reminded Board Members that it had been stated that clients would get a free bus and light rail pass.

On order of Chairperson Gage, there being no objection, the�Transit Planning and Operations Committee Summary Minutes were accepted as contained in the Agenda Packet.

  
22.

A.�Committee for Transit Accessibility (CTA)

On order of Chairperson Gage, there being no objection, the Committee for Transit Accessibility Report was accepted as contained in the Agenda Packet.

B.� Citizens Advisory Committee (CAC)

On order of Chairperson Gage, there being no objection, the�Citizens Advisory Committee Report was accepted as contained in the Agenda Packet.

C.�Bicycle & Pedestrian Advisory Committee (BPAC)

On order of Chairperson Gage, there being no objection, the Bicycle & Pedestrian Advisory Committee Report was accepted as contained in the Agenda Packet.

D.�Technical Advisory Committee (TAC)

On order of Chairperson Gage, there being no objection, the�Technical Advisory Committee Report was accepted as contained in the�Agenda Packet.

E.� Policy Advisory Committee (PAC)

On order of Chairperson Gage, there being no objection, the Policy Advisory Committee Report was accepted as contained in the Agenda Packet.

F.� Community Oriented Design Enhancement Committee (CODE)

On order of Chairperson Gage, there being no objection, the Community Oriented Design Enhancement Committee (CODE) Report was accepted as contained in the Agenda Packet.

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

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

On order of Chairperson Gage,�there being no objection, the reports were received and filed.

A.����������� �Peninsula Corridor JPB

B.����������� �Capitol Corridor JPB

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

  
24. REPORREPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)TS FROM VTA POLICY ADVISORY BOARDS (PABs)

A.� Tasman/Capitol Light Rail PAB

On order of Chairperson Gage, there being no objection, the Tasman/Capitol Light Rail PAB Report was accepted as contained in the Agenda Packet.

B.� Vasona Light Rail PAB

On order of Chairperson Gage, there being no objection, the Vasona Light Rail PAB Report was accepted as contained in the Agenda Packet.

C.�Silicon Valley Rapid Transit Corridor PAB

On order of Chairperson Gage, there being no objection, the Silicon Valley Rapid Transit Corridor PAB Report was accepted as contained in the�Agenda Packet.

D.� Caltrain PAB

On order of Chairperson Gage, there being no objection, the Caltrain PAB Report was accepted as contained in the Agenda Packet.

E.� Downtown East Valley PAB

On order of Chairperson Gage, there being no objection, the Downtown East Valley PAB Report was accepted as contained in the Agenda Packet

F.�Highway PAB South

On order of Chairperson Gage, there being no objection, the�Highway PAB South Report was accepted as contained in the Agenda Packet.

  
25. REPORT FROM THE CHAIRPERSON

There was no Report from the Chairperson.

  
25.X. Appointment of the Three Representatives to the Dumbarton Rail Corridor Policy

M/S/C (Gage/Williams) to approve appointment of John McLemore and David Casas to the Dumbarton Rail Corridor Policy Advisory Board.

  
26. REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.

Board Member Dando left the meeting at 8:31 p.m.

  
27. ANNOUNCEMENTS

There were no Announcements.

  
28. ADJOURNMENT

On order of Chairperson Gage, there being no objection, the meeting was adjourned at 8:32 p.m.

Respectfully submitted,

Gilda M. Grozdanich, Board Assistant
VTA Board of Directors

NOTE:�� M/S/C MEANS MOTION SECONDED AND CARRIED AND, UNLESS OTHERWISE INDICATED, THE MOTION PASSES UNANIMOUSLY.

  
  
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