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Board Minutes


BOARD OF DIRECTORS MEETING

Thursday, May 6, 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, Dixon, Fowler, Gage, Gonzales, McHugh, McLemore, Pirzynski, Williams

Board Members Absent: Dando

Alternate Board Members Present: Kennedy, Sandoval

Alternate Board Members Absent: Alvarado, Kerr, Yeager

* Alternates do not serve unless participating as a Member.

A quorum was present.

  
4.

AWARDS AND COMMENDATIONS

A. Employees of the Month for May 2004

Presented an award to Raymond Stafford, Light Rail Operations as VTA Employee of the Month of May 2004. Joanna Nguyen, Cerone, Administration, and Sally Torres, Chaboya Maintenance were unable to attend.

B. Resolution of Commendation - Outreach

Adopted Resolution No. 04.05.04 recognizing and commending OUTREACH for 25 years of service to the community.

  
5.

PUBLIC PRESENTATIONS

Bob Jaffee, Advisory Board Member of the Santa Clara County Council on Aging, expressed concern regarding affordable, convenient transit for the elderly and disabled.

Nathan Cardon, Interested Citizen, expressed concern regarding a potential fare increase.

Jerry Grace, Interested Citizen, expressed opposition to a potential fare increase. Noted San Jose SHARKS victory.

Silvia Rodriguez, ACORN, expressed concern regarding affordable transit for poor people, immigrants, the elderly, and students. Translated by Chris Lepe, Transportation and Land Use Coalition (TALC).

Mr. Lepe requested VTA perform a study to identify alternatives to avoid the potential fare increase and service cuts, and submitted a petition to stop fare hikes and bus and light rail service cuts, and improve transportation options by finishing the East Valley Downtown Light Rail extension.

Ex-Officio Board Member Beall took his seat at 5:50 p.m.

Alicia Shretter, Students for Justice (SFJ), expressed opposition regarding potential fare increases.

Lupe Madrano, Silicon Valley Council of the Blind, stated that VTA must be accountable for their budget and expressed concern regarding potential fare increases and service cuts.

Latoria Wilhans, California Black Caucus, and Students for Justice, expressed concern regarding potential fare increases and service cuts.

Lindsey Leong, Californians for Justice, expressed opposition to potential fare increases.

Darlene Wallach, Interested Citizen, expressed concern regarding fare increases and service cuts.

Marquinita Saucier II, Interested Citizen, expressed concern regarding the affordability of transit and potential service cuts. Translated by Mr. Lepe.

Mauvela Salgado, Escuela Popular, urged the Board of Directors not to increase fares or cut services. Translated by Mr. Lepe.

Sylvester James Jacob, Interested Citizen, expressed sympathy and withheld his information at this time in memory of Station Maintenance Supervisor Alex Lavorica, Chaboya Division Operator Michael Gadbout and, Citizen's Advisory Committee Member Mas Minami.

Landon Leffler, Foster Kids, expressed opposition regarding potential service cuts and fare increases.

Margaret Okuzumi, Bay Rail Alliance, distributed a chart and noted her position against fare increases and stated that MTC might send back the VTP 2030 Plan because it is not financially constrained.

Ana Benderas, M.E.Ch.A, expressed concern regarding the affordability of transit and possible service cuts.

Board Member Gonzales took his seat at 6:10 p.m.

Eugene Bradley, Santa Clara VTA Riders Union expressed opposition regarding the potential increase in fares and cuts in service.

Teri Nguyen, Californians for Justice, expressed concern regarding the need for affordable and convenient transit.

Zenaida Alvarado, Cesar Chavez Committee, expressed opposition to potential fare increases and service cuts. Translated by Mr. Lepe.

Marcella Leyva, Interested Citizen, urged the Board of Directors not to adopt a fare increase.

Lidia Reguerin, Escuela Popular, expressed concern with the high cost of transit.

Ex-Officio Board Member Beall left his seat at 6:10 p.m.

Maria Angelica, Interested Citizen, expressed opposition regarding fare increases and service cuts. Translated by Mr. Lepe.

Joey Rodriquez, Interested Citizen, urged the Board of Directors not to raise fares and cut transit service.

Ex-Officio Board Member Beall took his seat at 6:14 p.m.

Zak Cribari, Interested Citizen, expressed concern regarding the affordability of transit and urged the Board of Directors not to cut services.

Oscar David Ramirez, Interested Citizen, urged the Board of Directors not to raise fares or cut transit service. Mr. Lepe translated.

  
6.

Policy Advisory Committee (PAC) Chairperson's Report

Dolly Sandoval, PAC Chairperson, provided a report regarding the April 8, 2004 PAC Meeting and noted that the Committee: 1) discussed the possible use of smaller buses, asked for a report on ZEB as a future agenda item, 2) discussed the proposed transit and ADA fare modifications for implementation January 1, 2005, 3) discussed rider demographics, how VTA collects data and requested a copy of VTA's latest on-board survey, 4) passed a motion to agree with the recommended fare increase and revisit increased fares as sales tax revenue rises, and, 5) discussed receiving agenda materials electronically.

  
7.

Hearing - Notice of Intention to Adopt a Resolution of Necessity - Route 880 Widening Project

Closed hearing and adopted a Resolution of Necessity in connection with the Route 880 Widening Project pursuant to Article 2 (commencing with Section 1245.210) of Chapter 4 of Title 7 of Part 3 of the Code of Civil Procedure of the State of California; and further, direct the filing of eminent domain proceedings for the acquisition of certain real property as follows:

Property ID Number/Owner/Assessors Parcel Number

8625/Sanjiv Kakkar/APN: 235-05-018/Resolution No. 04.05.05

Ex-Officio Board Member Beall left his seat at 6:23 p.m.

  

CONSENT AGENDA

8. Approved the Minutes of the Regular Board of Directors' Meeting of April 1, 2004.
  
 

ADMINISTRATION AND FINANCE COMMITTEE

9. Adopted a support position for AB 392 (Montanez), which codifies a Caltrans policy to provide equal funding for the Environmental Justice and Community-Based Transportation Planning Grant Programs. �
  
10. Adopted a support position for AB 1320 (Dutra), which authorizes a city or county to prepare plans for a transit village development district that demonstrates any 5 of 13 specific public benefits listed in current law, rather than all 13 benefits. �
  
11.

(Removed from the Agenda.)

Adopt a support position for AB 2471 (Longville), which requires the Office of the Legislative Analyst to conduct a study of the costs to public transit operators of providing service to new housing developments of more than 150 units.

  
12. Authorized the General Manager to purchase insurance coverage for Excess Liability, General and Auto Liability, Public Officials Errors and Omission Liability, Property/Boiler and Machinery, Inland Marine for Buses, Vans and Mobile Equipment, Inland Marine for Light Rail Vehicles, and Flood exposures, for the annual Operations Program insurance renewal for an amount not to exceed $1,700,000. �
  
13. Authorized the purchase of a ten-month policy extension from TIG Insurance Company and AIU Insurance Company, for Workers' Compensation, General Liability Insurance and RRPLI coverage for the Owner Controlled Insurance Program (OCIP) for Rail Construction Projects for the policy period from July 1, 2004 through April 30, 2005, for an amount not to exceed $597,918. With this extension the total premiums paid for these policies is $4,398,078. �
  
14. Adopted Resolution No. 04.05.06 authorizing the filing of an annual claim to the Metropolitan Transportation Commission (MTC) for allocation of FY 2004 - 2005 Transportation Development Act (TDA) and State Transit Assistance (STA) funds. �
  
15. Adopted Resolution No. 04.05.07 authorizing the filing and execution of grants with the California Department of Transportation for funding under the Federal Transit Administration Section 5311 (49 USC Section 5311) Non-Urbanized Area Formula Grant Program. �
  
16. Adopted Resolution No. 04.05.08 amending the fare structure for paratransit services to defer until July 1, 2005 the Service Area Surcharge for service to or from locations within Gilroy, Morgan Hill, or unincorporated areas of Santa Clara County south of Cochran Road.
  
17. Adopted a support position for ACA 21 (Bogh), ACA 24 (Dutra) and ACA 29 (Harman), which would change the California Constitution to make it more difficult for the Legislature to suspend or borrow money from Proposition 42.�
  
18. Adopted a support position for SB 1443 (Murray), which requires gas tax revenues that are deposited in the State Highway Account for the State Transportation Improvement Program (STIP) or the State Highway Operations and Protection Program (SHOPP), or in the Highway Users Tax Account for local street and road repairs to be continuously appropriated and available for expenditure regardless of whether the Legislature has passed a budget for the new fiscal year. �
  
19. Adopted an oppose position for SB 1759 (Denham), which deletes the requirement in existing law that revenues deposited in the State Highway Account that are not subject to Article XIX of the California Constitution are to be transferred to the Public Transportation Account. �
  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

20.

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

Approve distribution of the Fiscal Year 2004 - 2005 Congestion Management Program (CMP) Draft Work Program and Amended Budget to Member Agencies for review and comment.

  
21. Approved programming $2.3 million in Transportation Fund for Clean Air Program Manager (TFCA 40 %) funds to the Competitive Projects and to the Tier 1 Bicycle Projects in the Fiscal Year 2004/05 cycle.�
  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

22. Authorized the General Manager to execute a contract with George Bianchi Construction, the lowest responsible bidder, for the removal of Mobility Impaired Lifts, in the amount of $415,857 and exercise the contract option in the amount of $265,576, for a total contract amount of $681,433.�
  
23. Authorized the General Manager to amend the contract with Jones & Stokes Associates, Inc., for the preparation of the Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Downtown East Valley Capitol Expressway Corridor Project, increasing the approved contract value by $300,000 for a new contract value not to exceed $998,938; and extend the term of the contract through May 30, 2009. �
  
27.

Authorized the General Manager to execute Cooperative Agreements with the California Department of Transportation (Caltrans) covering construction of the Route 87 North HOV Lanes and the Route 87 South HOV Lanes Projects.

Ex-Officio Board Member Beall took his seat at 6:26 p.m.

  
  
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REGULAR AGENDA

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT -

20.

Approved directing staff to re-examine options to limit Member Agency fees to 3.5 percent instead of 7 percent and return to the Board of Directors with a detailed history of the Congestion Management Program Work Program and Member Agency Fees for the last two years to include a Member Agency fee schedule. (Members McLemore, Dixon, and Casas opposed.)

Approved distribution of the Fiscal Year 2004�- 2005 Congestion Management Program (CMP) Draft Work Program and Amended Budget to Member Agencies for review and comment.

Noted that any reduction in Member Agency fees will affect delivery of service from CMP.

  
24. Certified that the Initial Study for the River Oaks Bicycle/Pedestrian Bridge Project (Project): a. Meets the requirements of the California Environmental Quality Act (CEQA); b. Represents the independent judgment of VTA as Lead Agency; and c. Was presented to the Board of Directors and that they reviewed and considered it; 2. Adopted a Mitigated Negative Declaration based on consideration of the Initial Study, comments received and responses to those comments; 3. Adopted a Mitigation Monitoring and Reporting Program; and 4. Approved the Project. �
  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT -

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 -

25.

Authorized the General Manager to execute a contract with Earth Tech, Inc., for station design services for the Silicon Valley Rapid Transit (SVRT) Project in an amount not to exceed $16,900,000 for the Preliminary Engineering phase. The initial contract term will be for 24 months with future amendments to be presented to the Board for finalizing design-build contract documents and possibly future design support services once approval to enter into final design for the SVRT Project is determined. This contract is currently 1.5 percent ($250,000) federally funded.

Ms. Okuzumi opposed approval of the contract by the Board of Directors.

Inquired if the subcontractors are located in Santa Clara County, and requested a list of subcontractors and an explanation of what qualifies a subcontractor as a Disadvantaged Business Enterprise (DBE) and what percentage of the contract work is done by the DBE's.

  
  
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OTHER ITEMS

26.

(Deferred to the June 3, 2004 Board of Directors Meeting.)

Authorize the General Manager to execute a contract with R. M. Harris Co., Inc., the lowest responsible bidder, in the amount of $639,176 for construction of the I-880 Widening Ancillary Contract and Soundwall Project.

  
27.

(Removed from OTHER and placed on the Consent Agenda.)

Authorize the General Manager to execute Cooperative Agreements with the California Department of Transportation (Caltrans) covering construction of the Route 87 North HOV Lanes and the Route 87 South HOV Lanes Projects.�

  
28.

Received an update on the 2000 Measure A Bonding Program.

Inquired how much money is being allocated to the Downtown East Valley project and clarification regarding the discrepancy of $10 million.

Stated the information will be provided.

  
29.

ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no Items of Concern and Referral to Administration.

  
30.

LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

  
31.

REPORT FROM THE AD-HOC RESTRUCTURING PROPOSAL COMMITTEE

A. Received and filed Minutes of the Santa Clara Valley Transportation Authority Ad-Hoc Restructuring Proposal Committee of April 1, 2004.

B. Ad-Hoc Restructuring Proposal Committee Final Recommendation

Approved suspending the Ad-Hoc Restructuring Proposal Committee for one year to allow time to see whether actions taken by the committee to strengthen the advisory role of the Policy Advisory Committee (PAC) and for the City Groups to meet on a regular basis to discuss transportation policy issues are working.

  
32.

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.

  
33.

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.

  
34.

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

On order of Chairperson Gage, there being no objection the Peninsula Corridor JPB Report was received.

B. Capitol Corridor JPB

Heard a report that the Capitol Corridor JPB at their meeting on April 21, 2004: 1) approved the budget for 2004/2005, 2) approved the FY 2005/2006 Business Plan Update which includes daily train service to Santa Clara and San Jose to 14 one-way trains, 3) moved in support of the High Speed Rail Train System, and 4) announced the May 7, 2004, 2:00 p.m. celebration of the start of the expanded Highway 17 Express Bus service between San Jose Diridon Station and Santa Cruz Metro Transit Center.

On order of Chairperson Gage, there being no objection the Capitol Corridor JPB Report was received.

C. Metropolitan Transportation Commission (MTC)

On order of Chairperson Gage, there being no objection the Metropolitan Transportation Commission (MTC) Report was received.�

  
35.

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

Accepted as contained in the Agenda Packet.

E. Highway PAB�- South

Accepted as contained in the Agenda Packet.

F. Community Design Enhancements Committee (CODE)

Accepted as contained in the Agenda Packet.

G. Dumbarton Rail Corridor Policy Committee

Accepted as contained in the Agenda Packet.

  
36.

REPORT FROM THE CHAIRPERSON

There was no report from the Chairperson.

  
37.

REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.

  
38.

ANNOUNCEMENTS

Noted the election of Board Member Cindy Chavez as Chairperson of the Downtown East Valley Policy Advisory Board and San Jose City Council Member Nora Campos as Vice Chairperson.

Announced the VTA/BART Joint Meeting scheduled for 10:00 a.m. in Milpitas on May 7, 2004.

  
39.

ADJOURNED

In Memory of Station Maintenance Supervisor Alex Lavorica, Chaboya Division Operator Michael Gadbout, and Citizen's Advisory Committee Member Mas Minami at 6:47 p.m.�

  
  
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