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

Board Minutes


BOARD OF DIRECTORS MEETING

Thursday, February 5, 2004

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

Summary Minutes

1.

CALLED TO ORDER�at 5:38 p.m.

  
2. ROLL CALL

Board Members Present:� Casas, Chavez, Cortese, Dando, Dixon, Fowler, Gage, McHugh, McLemore, Pirzynski, Williams, Yeager (Alternate)

Board Members Absent:� Beall (Ex-Officio), Gonzales

Alternate Board Members Present:� Alvarado, Kennedy, Sandoval

Alternate Board Members Absent:� Kerr

*�Alternates do not serve unless participating as a Member.

  
3. ADMINSTER OATHS OF OFFICE

Stated all Oaths of Office were administered.

  
4. CLOSED SESSION

There was no Closed Session.

A.� Existing Litigation - Conference with Legal Counsel(br) [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 Operations Officer
Robert Escobar, Manager, Employee Relations

  
5. CLOSED SESSION REPORT

There was no Closed Session Report.

  
6. ORDERS OF THE DAY

Removed 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.

Removed 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.

Added Agenda Item #25.X., Approve appointment of the representatives to the Dumbarton Rail Corridor Policy Advisory Committee.

Removed 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.

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

Removed� 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 and placed on the Regular Agenda.�

Removed Agenda Item #15, Approved the FY 2004-2013 Short Range Transit Plan (SRTP) from the Consent Agenda and placed on the Regular Agenda.

Accepted Orders of the Day and Approved�the Consent Agenda.

The Agenda was taken out of order.

  
  
  

CONSENT AGENDA

9.

Approved�the Minutes of the Regular Board of Director's Meeting of January 8, 2004.

  
  
 

ADMINISTRATION AND FINANCE COMMITTEE

10.

Authorized�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 1 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. Approved 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.

Board Member McLemore took his seat at 5:42 p.m.

  
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.

  
  
 Go to Top
  
  

REGULAR AGENDA

  
11.

Authorized on a vote of 9 yeas, 3 noes and 0 abstentions, 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.

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

Queried as to the market rate and rental rate.

Staff responded that the property is below market rate and that other property had lower per square footage rate but more tenant improvements to be done because the building was not set up for an office.�

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.

Queried why 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 was deferred. �Staff 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.

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

Noted there would be inquiries with regard to assumptions in the Operating Budget for Years 2003 through 2005, how the assumption were reached and if the assumptions represented existing policy or used to make new policy.

Requested a timeline in examining options to be considered in addressing issues of the Operating Budget.

Mr. Grace queried about plans to connecting BART to Caltrain and expressed concern regarding monthly passes for the disabled.

Staff advised that corrected figures regarding the monthly pass for the disabled would be provided to Mr. Grace.

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.

  
 

ADMINISTRATION AND FINANCE COMMITTEE 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 - (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 - (See Agenda Item # 21.C.)

17. Authorized�on a vote of 10 yeas, 2 noes and 0 abstentions, 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.

Staff advised�that there are six major consultant teams performing work with VTA on the PE for the BART Extension over the next two years. �Between now and August 2004, five design team contracts will be forwarded to the Board of Directors for approval.�

Queried�as to the impact of delaying the Preliminary Engineering (PE) by three to six months.� Staff advised that the Federal Government will start to question the commitment to the project.

Queried�why the Federal Government would be concerned about VTA's commitment to the project if postponed.

Queried�when the other five contracts will be coming to the Board of approval.

Stated�that any sign of hesitancy will be a disadvantage.� 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.

Staff reiterated�action taken tonight will not disadvantage any other project.

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

Expressed concern regarding moving the PE so quickly and about noticing the public why the Board of Directors are making their decision.

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

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

Requested staff be prepared to discuss issues people are raising regarding the PE at the February 27, 2004 Board Workshop.

Expressed concern that if the PE is postponed existing VTA staff that would be working on the engineering will have to be laid off.

Noted that it is not the right time to slow the project down and it is time to move forward as a Board.� Acknowledged that some of the greatest projects in the State of California were constructed during the Depression.

Expressed concern�regarding a split decision of the Board Members. �Stated 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 of the BART to San Jose Project.

Joseph Furtado, Consultant, Assembly Transportation Committee, Assembly Member John Dutra, stated�the Committee's Chairperson recommends moving forward with the PE as�BART is an important part of the Bay Area Transportation puzzle which will help 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 Members approve the Hatch Mott MacDonald and Bechtel contract.

Rod Diridon, Interested Citizen, stated�that the danger is not a shortage of funding but rather delay and 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�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, noted�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 and confidence be restored 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 the PE, requested�a delay of the funding for BART until all 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 toreprioritize 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 other 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 foward.

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 and reminded�Board Members why BART was not originally brought to San Jose.

Noted�non-support of Chairperson's recommendation to defer this item for a month and would be supporting the motion to move forward with the PE.

Advised�that it is important to move forward with PE phase and supports doing so. Stated�that the project deserves the Board to be bold and brave.

Stated�does not understand why the PE cannot be deferred for a few months until further information is provided and will not be supporting motion.

Noted�that a delay now could mean more delays in the future, that Board Members need a mindset to move forward, and also noted�that it is an opportune time to proceed with the PE.

Noted�support of the motion, that the City of Milpitas has always overwhelmingly supported BART, believes in long-term planning, and is critical to the City of Milpitas and the economic recovery of the Valley.

Raised�the issue of credibility and timing and requested�staff consider the possibility of taking a step back and educating the community.

Thanked�all speakers and stated�his appreciation of the Board�Members' insight and commitment. Noted that even uncertainty can add to an action, however, taking a short time to examine and address the uncertainty is prudent.

Supported moving forward with the PE phase of the BART and should follow vision of voters.

Grateful�to be part of the discussion and deliberations and will support proceeding with the proposed action.

Stated�that they are the stewards of public money and need to be very careful with it but also need to say "yes sometimes it is time to move forward even though unsure as to how" and will be supporting the motion.

Stated�BART is important but it also important to educate the public as to the Board's decision and requested�staff to come forward with the reasons for supporting the PE at February 27, 2004 Board Workshop.

Supports�public education, requested�an evening workshop to accommodate the Public and thanked everyone for their comments.

Supports�the idea of educating the public.

Recommended�a two-hour meeting in the evening before the end of the month.

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

Requested�a breakdown of segments to understand every element of the five additional contracts that the Board Members will be voting on and stated�he will support the motion.

  
18.

Authorized the Chairperson to submit a letter to the Peninsula Corridor Joint Powers Board (JPB) identifying the Santa Clara Valley Transportation Authority's (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.

  
  
 Go to Top
  
  

OTHER ITEMS

19. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

Requested�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

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

�����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

Ms. Applegate referenced�TP&O Agenda Item # 19 dated January 15, 2004, and VTA�s 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.

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 & 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.

F.� Community Oriented Design Enhancement�Committee (Code)

���� Accepted as contained in the Agenda Packet.

  
23. REPORTS FROM JOINT POWERS BOARDS (JPB's) & 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)

  
24. 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 

���� �Accepted�as contained in the Agenda Packet.

C.��Caltrain PAB

����� There was no report from the Caltrain PAB.

D.� Downtown East Valley PAB

����� There was no report from the Downtown East Valley� PAB.

E.� Highway PAB�- South

����� There was no report from the Highway PAB�- South.

  
25. REPORT FROM THE CHAIRPERSON

There was no report from the Chairperson

  
25.X. Approvedappointment of Board Member McLemore and Board Member Casas as the representatives to the Dumbarton Rail Corridor Policy Advisory Committee.

Mr. Grace expressed concern�regarding the Dumbarton Rail.

  
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.

ADJOURNED�at 8:32 p.m

  
  
 Go to Top