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Board Minutes


BOARD OF DIRECTORS MEETING

Thusday, April 1, 2004

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

Summary Minutes

1. CALLED TO ORDER at 5:30 p.m.
  
2. ROLL CALL

Board Members Present: Casas, Chavez, Cortese, Dando, Dixon, Fowler, Gage, Gonzales, McHugh, Pirzynski, Williams

Board Members Absent: Beall (Ex-Officio), McLemore

Alternate Board Members Present: Alvarado, Kerr, Sandoval

Alternate Board Members Absent: Kennedy, Yeager

* Alternates do not serve unless participating as a Member.

A quorum was present.
  
3. CLOSED SESSION at 5:31 p.m.

Counsel noted that Agenda Item # 3.A. will be the only item discussed in Closed Session and Agenda Item # 3.B. will be removed from Closed Session.

Board Member McHugh arrived at the Meeting and entered Closed Session at 5:31 p.m.

Board Member Dixon arrived at the Meeting and entered Closed Session at 5:31 p.m.

A. Anticipated Litigation Conference with Legal Counsel
[Government Code Section 54956.9]

Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. One potential case.

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

Employee Organizations:
County Employees Management Association (CEMA) or American Federation of State, County, and Municipal Employees (AFSCME), depending on outcome of election.

VTA Designated Representatives:
Kaye L. Evleth, Chief Administrative Officer
Matthew O. Tucker, Chief Operating Officer
Robert Escobar, Manager, Office of Employee Relations

Board Member Chavez arrived at the Meeting and entered Closed Session at 5:32 p.m.

Board Member Casas arrived at the Meeting and entered Closed Session at 5:34 p.m.

RECONVENED TO OPEN SESSION at 5:44 p.m.
  
4. CLOSED SESSION REPORT

A. Anticipated Litigation Conference with Legal Counsel
[Government Code Section 54956.9]

Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. One potential case.

There was no reportable action taken during Closed Session.

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

Employee Organizations:
County Employees Management Association (CEMA) or American Federation of State, County, and Municipal Employees (AFSCME), depending on outcome of election.

VTA Designated Representatives:
Kaye L. Evleth, Chief Administrative Officer
Matthew O. Tucker, Chief Operating Officer
Robert Escobar, Manager, Office of Employee Relations

Removed from Closed Session.
  
5. ORDERS OF THE DAY

Requested that the following Agenda Item be removed from the Regular Agenda and placed on the Consent Agenda: Agenda Item # 20., 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.

Noted that Agenda Item # 28., Policy Advisory Committee (PAC) Chairpersons Report will immediately follow Public Presentations beginning with the April 1, 2004 VTA Board of Directors Regular Meeting.

Accepted Orders of the Day.
  
6. AWARDS AND COMMENDATIONS

Employees of the Month for April 2004

Presented awards to Rene Williams, Chaboya Maintenance; and Mohan Paniyur, Way, Power and Signal Department Administration, as VTA Employees of the Month for April 2004. Leonard Gray, Light Rail Operations was unable to attend the Meeting.

Congratulated the VTA Employees of the Month for April 2004.

Alternate Board Member Alvarado arrived at the Meeting at 5:53 p.m.
  
7. PUBLIC PRESENTATIONS

Lupe Medrano, Interested Citizen, expressed concern regarding VTAs financial status.

Eugene Bradley, Santa Clara Valley Transportation Riders Union, expressed concern regarding VTAs proposed fare increase.

Duane Haugen, Interested Citizen, expressed concern regarding VTAs proposed fare increase to Paratransit.

Stacy Otterman, Interested Citizen, expressed concern regarding VTAs proposed fare increase to Paratransit. Ms. Otterman queried if additional public meetings would be held regarding the proposed fare increases.

Noted other opportunities to speak on the proposed fare increase before the item is forwarded to VTA Board of Directors for consideration.

The Agenda was taken out of order.
  
28. REPORTS FROM ADVISORY COMMITTEES

E. Policy Advisory Committee (PAC)

Dolly Sandoval, PAC Chairperson, provided report regarding the March 11, 2004 PAC Meeting and noted that the following items were discussed: 1) VTA Actions to Achieve Financial Stability, 2) VTAs Operating Cost Per Total Hour, 3) Second Quarter Performance Report, 4) Eco Pass, 5) Tasman East/Capitol Bus/Rail Service Integration Plan, and 6) Valley Transportation Plan (VTP) 2030 Program. Ms. Sandoval thanked the VTA Board of Directors regarding the placement of the PAC Chairpersons Report.

Noted that the PAC Chairpersons Report will immediately follow Public Presentations beginning with the April 1, 2004 VTA Board of Directors Regular Meeting.

Board Member Cortese took his seat at 6:07 p.m.

Queried if Staff addressed the issues regarding the bus and light rail operating plans included in the Tasman East/Capitol Bus/Rail Service Integration Plan. Ms. Sandoval responded that Staff advised that some of the issues have been responded to; however, some lingering questions still remain.
  
8. Received recommendations on VTP 2030 Program Allocation and Project Priorities

Noted that this was not the final opportunity to receive comments regarding the VTP 2030 Program Allocation and Project Priorities. The final opportunity to receive comments will be at the April 23, 2004 VTA Board of Directors Regular Workshop Meeting.

Helen Bliven, Interested Citizen, expressed support regarding the VTP 2030 Program.

James Wightman, Interested Citizen, expressed concern regarding the VTP 2030 Program.

Christopher Lepe, Interested Citizen, expressed concern regarding the VTP 2030 Program. Mr. Lepe noted concern regarding VTAs sales tax projections.

Bud Beacham, Interested Citizen, expressed concern regarding Capitol Corridor Light Rail Extension.

Aaron Resendez, Interested Citizen, expressed support regarding the Downtown East Valley Light Rail Project.

Ted Johnson, Interested Citizen, expressed concern regarding the Ocala Station.

Mr. Bradley expressed concern regarding VTP 2030 Program and the primary focus only on BART.

Darlene Wallach, Interested Citizen, expressed concern regarding VTAs sales tax revenue projections.

Dan Perez, Interested Citizen, expressed support regarding the Downtown East Valley Light Rail Project.

Chris Clark, Interested Citizen, expressed support regarding the Downtown East Valley Light Rail Project.

Douglas Metz, Interested Citizen, expressed support regarding the Downtown East Valley Light Rail Project.

Dennis Chiu, Interested Citizen, expressed support regarding the Downtown East Valley Light Rail Project. Mr. Chiu noted VTA's goal to bring public transportation to the community.

Josephine Ong-Hawkins, Interested Citizen, expressed support regarding public transportation and the Downtown East Valley Light Rail Project.

Josu´┐Ż Garcia, Interested Citizen, expressed support regarding the Downtown East Valley Light Rail Project and noted the importance to transit dependent community.

Yolanda Reynolds, Interested Citizen, expressed support for bus service. Ms. Reynolds noted the high costs and low return associated with light rail.

Mr. Lepe translated for Raul Cabrera, Interested Citizen. Mr. Cabrera noted the importance of public transportation in the low-income community. Mr. Cabrera expressed support regarding the Downtown East Valley Light Rail Project.

Mr. Lepe translated for Juan Carlos Jimenez, Interested Citizen. Mr. Jimenez expressed support regarding additional bus service in the East Side.

Mr. Lepe translated for Graciela Hernandez, Interested Citizen. Ms. Hernandez noted the importance of public transportation in the low-income community.

Roberto Cruz, Interested Citizen, expressed support regarding the Downtown East Valley Light Rail Project.

Lydia Reguenn, Interested Citizen, noted the need for additional bus service in the low-income community.

Mr. Lepe translated for Elena Bautista, Interested Citizen. Ms. Bautista expressed support regarding public transportation in the low-income community. Ms. Bautista expressed support regarding the Downtown East Valley Light Rail Project.

Bryan Cong Po, Interested Citizen, noted the importance of public transportation in the low-income community. Mr. Po expressed support regarding the Downtown East Valley Light Rail Project.

Blanca Alvarado, VTA Alternate Board Member and Santa Clara County Board Supervisor, noted a letter sent from Congress Member Zoe Lofgren to VTA Board of Directors. Alternate Board Member Alvarado spoke on behalf of Congress Member Lofgren and noted the importance of public transportation in the low-income community. Ms. Lofgren expressed support regarding the Downtown East Valley Light Rail Project.

Thanked all the speakers for their presentations. Thanked and noted appreciation for Mr. Lepes assistance with the Spanish translation during the public presentation portion of the item.
  

CONSENT AGENDA

9. Approved the Minutes of the Regular Board of Directors Workshop Meeting of February 27, 2004.
  
10. Approved the Minutes of the Regular Board of Directors Meeting of March 4, 2004.
  
 

ADMINISTRATION AND FINANCE COMMITTEE

11. Approved the 2004 Quarterly Attendance Report.
  
12. Authorized the General Manager to execute an amendment to the Master Agreement with the California Highway Patrol (CHP) for Traffic Control Services during construction of 1996 Measure B Transportation Improvement Program and VTP 2020 Highway Projects increasing the agreement amount for 1996 Measure B projects by $80,000 and the amount for VTP 2020 Highway Projects by $80,000, for a new total agreement amount of $1,265,000, and extend the agreement term to December 31, 2006.
  
13. Authorized the General Manager to execute the documents necessary to sell a temporary construction easement and a permanent easement for a Sanitary Sewer line along Zanker Road by the Cerone Operating Division to the City of San Jose, in the amount of $114,000.
  
14. Authorized the General Manager to amend the contract with Brian Kangas Foulk for final design and design support during construction services for the Route 87 South HOV Lane Widening Project, increasing the approved contract value by $729,743 for a new contract value not to exceed $9,292,177.
  
15. Authorized the General Manager to amend the contract with Ruth & Going, Inc. for design support during construction services of the Route 87 North HOV Lane Widening Project increasing the approved contract value by $732,673 for a new contract value not to exceed $6,560,366.
  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

16. Approved the submittal of an AB 3090 funding request to the California Transportation Commission (CTC) that enables VTA to advance local funds for Planning and Programming and Monitoring (PPM) activities and receive reimbursement from the State Transportation Improvement Program (STIP) Funds; and authorized the General Manager to execute all necessary agreements for reimbursement of funds.
  
17. Approved a revised 2004 State Transportation Improvement Program (STIP) submittal to transfer $2 million from Reach II to Reach III of the City of Santa Claras San Tomas Aquino Creek Trail, and to program $1.7 million as an AB 3090 replacement project commitment to the Route 152/156 Interchange project southeast of Gilroy.
  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

18. Authorized the General Manager to amend the total authorized funding for the Bianchi-Amaker Construction Agreement in an amount of $250,000 over the original contract amount for a new contract amount of $1,515,935. The amendment is required to construct field changes discovered during construction on the Tasman East/Capitol Light Rail Project.
  
19. Approved the bus and light rail operating plans included in the Tasman East/Capitol Bus/Rail Service Integration Plan.
  
20. (Removed from the Regular Agenda and placed on the Consent Agenda.)

Authorized 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. (Deferred from the VTA Regular Board of Directors Meeting of February 5, 2004.)
  
  
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REGULAR AGENDA

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - Forrest Williams - (See Agenda Item 27.A.)

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

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. (Deferred from the VTA Regular Board of Directors Meeting of February 5, 2004.)
  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - Cindy Chavez - (See Agenda Item 27.B.)

Noted appreciation and thanked Staff for their diligent work regarding the completion of the Pedestrian Technical Guidelines.

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 - David Cortese - (See Agenda Item 27.C.)

21. Authorized the General Manager to execute a contract with HNTB for line segment design services for the Silicon Valley Rapid Transit (SVRT) Project in an amount not to exceed $20,000,000 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 services once approval to enter into final design for the SVRT Project is determined. This contract is currently 1.25 percent ($250,000) federally funded.
  
22. Queried on how the Palo Alto Caltrain Transit Center Project fits into the VTP 2030 Program.

Queried on the funding of the project. Noted support of the Palo Alto Caltrain Transit Center Project.

Noted that the investment is in the transit center and is not an investment directly into Caltrain.

1) Certified the Initial Study for the Palo Alto Caltrain Transit Center Project (Project): a. Was transmitted and presented to the Board of Directors and that they reviewed and considered it; b. Meets the requirements of the California Environmental Quality Act (CEQA); and c. Represents the independent judgment of VTA as Lead Agency; 2) Adopted a Mitigated Negative Declaration based on consideration of the Initial Study, comments received and responses to those comments; 3) Adopted a Mitigated Monitoring and Reporting Plan; and 4) Approved the Project.

Mr. Bradley expressed concern regarding the project shelter design and added that it does not consider the winter season.
  
23. Authorized the Santa Clara Valley Transportation Authority (VTA) staff to work in partnership with the Metropolitan Transportation Commission (MTC) on a single piece of legislation that would seek to add two new voting representatives to the commission, one from Santa Clara County and one from Alameda County.

Thanked Staff for their diligent work and effort in partnership with MTC regarding the representation legislation to the commission.
  
  
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OTHER ITEMS

24. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

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

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

Received report that the Ad-Hoc Restructuring Proposal Committee met today and recommended that the Ad-Hoc Restructuring Proposal Committee suspend further meetings until a period of one-year and focus on the issues regarding the VTP 2030 Program.

Requested that the Ad-Hoc Restructuring Proposal Committee recommendation be placed on the Agenda of VTA's Regular Board of Directors Meeting of May 6, 2004.
  
27. 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.
  
28. 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.
  
29. 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)
  
30. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A. Vasona Light Rail PAB

Accepted as contained in the Agenda Packet.

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

Accepted as contained in the Agenda Packet.

E. Highway PAB South

Accepted as contained in the Agenda Packet.
  
31. REPORT FROM THE CHAIRPERSON

Noted that there was a Caltrain JPB meeting today. Noted the daily schedule was approved, which includes several trips for the Baby Bullet train. Noted no weekend service to Tamien Station on a vote of six to three with the Santa Clara County contingency voting no; however, added that the weekend service will be examined over a six month period to determine whether there should be ridership.
  
32. REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.
  
33. ANNOUNCEMENTS

Noted opportunity to experience high-speed train travel in Shanghai.
  
34. ADJOURNED at 7:10 p.m.
  
  
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