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Board Minutes


BOARD OF DIRECTORS MEETING

Thursday, March 4, 2004

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

Summary Minutes

1.

CALLED TO ORDER at 5:35 p.m.

  
2. ROLL CALL

Board Members Present:� Beall (Ex-Officio), Casas, Chavez, Cortese, Dando, Dixon, Gage, McHugh, McLemore, Pirzynski, Williams

Board Members Absent:� Fowler, Gonzales

Alternate Board Members Present:� Sandoval

Alternate Board Members Absent:� Alvarado, Kennedy, Kerr, Yeager

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

A quorum was not present and a Committee of the Whole was declared.

  
3. ADJOURNED TO CLOSED SESSION at 5:37 p.m.

Board Member Chavez arrived at the meeting and entered Closed Session at 5:38 p.m. and a quorum was declared.
Board Member Cortese arrived at the meeting and entered Closed Session at 5:40 p.m.
Board Member Williams arrived at the meeting and entered Closed Session at 5:45 p.m.
Board Member McLemore arrived at the meeting and entered Closed Session at 5:56 p.m.

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

  1. Name of Case: Homer J. Olsen v. VTA
    (Santa Clara County Superior Court Lead Case No. CV785402, Consolidated Cases)

  2. Name of Case: Borja v. SCVTA
    (Santa Clara County Superior Court Case No. CV802902)

  3. Name of Case: County Employees Management Association (CEMA) v. VTA, et al.
    (Santa Clara County Superior Court Case No. CV 006 149)

RECONVENED TO OPEN SESSION at�6:24 p.m.

  
4.

CLOSED SESSION REPORT

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

  1. 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.

  2. Name of Case: Borja v. SCVTA
    (Santa Clara County Superior Court Case No. CV802902)

    There was no reportable action taken during Closed Session.

  3. Name of Case: County Employees Management Association (CEMA) v. VTA, et al.
    (Santa Clara County Superior Court Case No. CV 006 149)

    There was no reportable action taken during Closed Session.
  
5.

ORDERS OF THE DAY

Adjourn in memory of Duane Rhodes, a VTA employee who recently passed away.� �Noted that Mr. Rhodes was a Fare Inspector in Protective Services.

Accepted Orders of the Day.

  
6.

AWARDS AND COMMENDATIONS

A. �Employees of the Month for March 2004

Presented
an award to Robert Jaurequi, Chaboya Maintenance, as VTA Employee of the Month for February 2004.� Presented awards to and�Alexander Chrisoulis, Chaboya Operations; Rely Villaneuva, Cerone Maintenance; and Joseph Sandoval, Rail & Facilities Design and Construction, as VTA Employees of the Month for March 2004, and Lorraine Bingham-Olson as Supervisor of the Quarter.

B. �Employees of the Year 2003

Presented
awards to Benny Cheung, Guadalupe Operations; Doug Timmons, Cerone Maintenance; Diane Alves, River Oaks Administration; as VTA Employees of the Year 2003 and Clyde Davis as Supervisor of the Year 2003.

  
7.

PUBLIC PRESENTATIONS�

Jerry Grace, Interested Citizen, expressed�his good wishes for the complete recovery of Board Member Gonzales.

James Wightman, Interested Citizen, suggested�that a transit center be placed at�Great America.

Bruce Stevens, Interested Citizen, noted�that there are transit users who cannot afford the cost of a monthly pass and suggested reducing the cost of the monthly pass.

Ex-Officio Board Member Beall took his seat at 6:40 p.m.

David Jensen and Earnest Johnson, IKON Office Solutions, requested�that staff take a critical look at the financial structure of the bid process.

Eugene Bradley, Santa Clara VTA Riders Union, expressed concern�that only�four percent of Santa Claras population uses public transportation.

Terry Applegate, Silicon Valley Independent Living Center, expressed concern�regarding the communication disconnect between VTA and community agencies.�Ms. Applegate expressed further concern that doors on light rail do not stay open long enough for persons with disabilities to alight.

  
8.

Staff provided a brief presentation regarding the Silicon Valley Rapid Transit Corridor (SVRTC) preliminary engineering phase.

Mr. Grace queried how projects are funded.

Margaret Okuzumi, Bay Rail Alliance, stated that VTA is throwing $170 million down the drain for this project and further stated that the project is not going anywhere.

  

CONSENT AGENDA

9. Approved the Minutes of the Board of Directors Workshop Meeting of January 30, 2004.
  
10. Approved the Minutes of the Board of Directors Regular Meeting of February 5, 2004.
  
 

ADMINISTRATION AND FINANCE COMMITTEE

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

Adopt a Financial Stability Strategy, which includes revenue enhancement measures recommended by the Ad Hoc Financial Stability Committee and revisions recommended by the Administration and Finance Committee on February 19, 2004.

  
12. Authorized the purchase of a one-year policy extension on the rail construction Builders Risk policy with the Allianz Insurance Company, to cover the period from March 1, 2004 through April 30, 2005, for an amount not to exceed $86,431. In addition, authorized payment of the additionally owed premium for projects added to the policy during the original term for an amount not to exceed $154,000. This brings the total premium paid for the policy to $879,181.
  
13. Approved the appointment of Thomas Muniz, representing the City of Gilroy, to the Bicycle & Pedestrian Advisory Committee for the term ending June 30, 2004.
  
14. Adopted Resolution No. 04.03.02 amending the Citizens Advisory Committee (CAC), Technical Advisory Committee (TAC), and Bicycle and Pedestrian Advisory Committee (BPAC) bylaws as indicated; and the VTA Administration Code, as indicated, in order to permit the specified modifications to the CAC, TAC and BPAC bylaws.
  
15. Adopted Resolution No. 04.03.03 designating VTAs appointees to the SCVTA/ATU Pension Plan Board of Pensions.
  
16. Authorized the General Manager to amend the contract with Parsons Transportation Group for additional final design of the Route 237/I-880 Interchange Project, increasing the approved contract value by $300,000 for a new contract value not to exceed $5,406,339; and extend the term of the contract through March 31, 2005.
  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

17. Approved an increase of $1.45 million in the Bicycle Expenditure Program (BEP) allocation to the River Oaks Bicycle and Pedestrian Bridge over the Guadalupe River, for a total BEP allocation of $1.7 million.
  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

18. Approved artist Ellen Sollods schematic designs, the Vernacular Generation Light Emitting Diode (LED) Project at the Cisco Way Station and the Cabinet of Invention and Camera Obscura sculptures at the I-880/Milpitas Station.
  
19. (Removed from the Consent Agenda and placed on the Regular Agenda.)

Authorize the General Manager to enter into a Memorandum of Understanding with Caltrans, the Capitol Corridor Joint Powers Authority (CCJPA) and the Santa Cruz Metropolitan Transit District (Metro) for the consolidation and improvement of the Highway 17 Express and Amtrak Santa Cruz-San Jose Connector bus service at no cost to VTA.
  
  
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REGULAR AGENDA

  
11.

Adopted a Financial Stability Strategy, which includes revenue enhancement measures recommended by the Ad Hoc Financial Stability Committee and revisions recommended by the Administration and Finance Committee on February 19, 2004.

Staff provided an update of the Financial Stability Strategy which was deferred at the January and February 2004 Board of Directors meetings to provide for further review of the original recommendations and recommended revisions that were proposed in the February 5, 2004 Financial Stability Strategy Recommendations Board Memorandum from Board Members Dando, McHugh, Cortese, and Chavez.�

Staff noted that at the February 19, 2004 meeting, the Administration and Finance Committee reviewed and recommended Board approval of the recommended Financial Stability Strategy, as revised by the recommendations contained in the February 5, 2004 Board Memorandum.

Mr. Bradley expressed concern�that VTA has embarked on a plan in which there will not be further service expansion in terms of buses for the next thirty years and requested that the Board of Directors create a Financial Stability Strategy that does not place everything on the backs of those who actually use transit as well as taxpayers.

Ms. Applegate stated that every time there is an increase in fares or a decrease in service there is a serious decline in ridership.� Ms. Applegate expressed concern regarding the proposed paratransit fare hikes as well as the surcharge increase for people who live outside of the (Americans with Disabilities Act) ADA service area.

Chris Lepe, Transportation Alliance Coalition, stated that VTA has a duty to provide cheap, affordable, reliable, and frequent service to its riders.

Ms. Okuzumi stated that VTA has aspects to consider other than extracting the most money possible from senior and disabled riders when setting fares and increasing farebox recovery.

  
19.

Authorized the General Manager to enter into a Memorandum of Understanding with Caltrans, the Capitol Corridor Joint Powers Authority (CCJPA) and the Santa Cruz Metropolitan Transit District (Metro) for the consolidation and improvement of the Highway 17 Express and Amtrak Santa Cruz-San Jose Connector bus service at no cost to VTA.

Staff reported that this item is of great benefit to VTA at no additional cost incurred as a result of providing improved service for Highway 17.

Stated that a memo was received from the Associated Students at San Jose State (SJS) regarding the impact of the change in fares to students, noting that quite a few students who live in Santa Cruz come up to SJS.� Staff responded that under the terms of the agreement, Santa Cruz Metropolitan Transit District, Santa Cruz establishes fares, not VTA.� Staff responded further that comments have been forwarded in a letter to Metro.

Requested a response regarding the outcome of the comments forwarded to Metro.

Andy Chow, Associated Students of San Jose State, expressed concern�regarding the regular express one-way fare hike from $3 to $4 and the fare hike in the monthly pass from $80 to $90, a 12.5 percent increase.� Mr. Chow suggested the use of a multi-ride fare.

Requested that consideration be taken when establishing VTAs fare policy in order to create consistency between counties.

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - See Agenda Item #26.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 #26.B.

20.

Authorized the General Manager to execute a contract with TY Lin International/CCS Planning and Engineering, Inc. (TYLI/CCS) to prepare a HOT Lane Feasibility Study for an amount not to exceed $350,000; and further authorize the use of an amount not to exceed $350,000 from the Gateway and Corridor Study Fund for the HOT Lane Feasibility Study.

Stated that cities across the United States are starting to use HOT lanes and further stated�that the Federal government would encourage cities to use HOT lanes on a regional basis.

  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE CHAIRPERSON'S REPORT - See Agenda Item #26.C.

21.

Authorized the General Manager to execute a contract with the joint venture of��PGH Wong Engineering, Inc. (Wong), and Parsons Brinckerhoff Quade & Douglas, Inc. (PB) for systems design services for the Silicon Valley Rapid Transit (SVRT) Project in an amount not to exceed $14,220,000 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 possibly future construction management services once approval to enter into final design for the SVRT Project is determined.� This contract is currently two percent ($250,000) federally funded.

Staff reported that this is the second of six engineering design contracts that would be coming to the Board of Directors between now and August 2004 for preliminary engineering services on the SVRT Project.

Staff reported that design work would consist of determining traction power substation locations and require bulk power supply, line electric systems, communications, automatic train control and optional services for subway ventilation design.

Queried whether incentives are possible if a contractor can do a job quicker or faster.� Staff responded that incentives are possible on construction contracts but not on design contracts.

Ms. Okuzumi stated that there is no rush to spend $170 million on preliminary engineering and further stated that it does not make any sense.

Mr. Grace queried the number of projects currently being worked on by VTA.

Stated that the Bay Area Rapid Transit Corridor Meeting was held last week with Fremont Mayor Morrison in attendance.� Mayor Morrison extended to the�Board of Directors his thanks and appreciation for the way it articulated its stand to stand behind the preliminary engineering.

  
22.

Authorized the General Manager to execute various construction contract change orders with Arntz Builders for construction of the Cerone Complex Phase I Improvements within an increased contract amount of not to exceed $12,762,000, an increase of $1,262,000 over the current level of authority delegated to the General Manager.� This contract is 80 percent ($10,209,600) federally funded.

Staff reported that there are two elements of this request.� The first involves transferring $800,000 in scope from the Life Safety, Communications and Security Project originally planned to be done at a later date.� Staff stated that since VTA has deferred design and construction of Phase II and Phase III at the Cerone facility for budget reasons, it is necessary to complete this work now and have a functional facility.

Queried whether companies doing business with VTA are scored regarding their good faith efforts.

  
  
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OTHER ITEMS

23. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no Items of Concern and Referral to Administration.
  
24. LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.
  
25. REPORT FROM THE AD-HOC RESTRUCTURING PROPOSAL COMMITTEE

Heard a report regarding the status of meetings held with the City Groupings to discuss potential composition changes among the City Groupings.
  
26. 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.

  
27. 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.

Stated that the Policy Advisory Committee (PAC) recommended at the Ad-Hoc Restructuring Proposal Committee that the Chairperson of PAC orally report each month to the Board of Directors regarding issues of concern and recommendations of PAC.

Dolly Sandoval, PAC Chairperson, provided an overview of the PAC Meeting held on February 12, 2004.

  
28. 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)

Heard a report regarding the upcoming April 2004 MTC Meeting.

  
29. 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

There was no report from the Downtown East Valley PAB.

E. Highway PAB - South

Accepted as contained in the Agenda Packet.

  
30. REPORT FROM THE CHAIRPERSON

Appointed Alternate Board Member Breen Kerr to represent VTA on the Dumbarton Rail Policy Advisory Board.
  
31. REPORT FROM THE GENERAL MANAGER

Heard a report highlighting: 1) March 1, 2004 special CEO Subcommittee of the MTC Partnership, and 2) upcoming March 10, 2004 Developers Roundtable Discussion.
  
32. ANNOUNCEMENTS

Congratulated Board Members Cortese, McHugh, and Williams for their re-election to public office.
  
33. ADJOURNED at 7:53 p.m.
 
  
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