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Board Minutes


BOARD OF DIRECTORS MEETING

Thursday, August 5, 2004






Summary Minutes

1.

CALLED TO ORDER at 5:32 p.m.

  
2.

ROLL CALL

Board Members Present: Beall (Ex-Officio), Chavez, Cortese, Dixon, Fowler, Gage, Gonzales, McHugh, McLemore, Pirzynski, Williams

Board Members Absent Casas, Dando

Alternate Board Members Present: Kerr, Yeager

Alternate Board Members Absent: Alvarado, Kennedy, Sandoval,

*   Alternates do not serve unless participating as a Member.

A quorum was present.

Board Member Cortese and Ex-Officio Board Member Beall took their seats at 5:33 p.m.

Staff introduced VTA’s new Chief Financial Officer, Roger Contreras, and noted that the new Controller, Susan Stark, will begin employment with VTA the week of August 9, 2004.

  
3.

ORDERS OF THE DAY

There were no Orders of the Day.

  
4.

AWARDS AND COMMENDATIONS

A.         Employees of the Month for July 2004

Julia Jones, River Oaks, Administration; Gurpreet Singh, Cerone Operations; and Mary Jaime, Chaboya, Maintenance, were unable to attend.

Board Member McHugh took his seat at 5:35 p.m.

B.             Employees of the Month for August 2004

Presentedawards to Jennifer Lemus, River Oaks, Administration; and Tony Grijalva, Guadalupe Operations, as VTA Employees of the Month for August 2004.  Mary Romo, Chaboya, Maintenance, was unable to attend.

  
5.

PUBLIC PRESENTATIONS

Leon Talley, Interested Citizen, addressed the Board of Directors and directed attention to the hand-out he provided proposing that Bus Route #45 be eliminated and Route #62 be extended from the Penitencia Light Rail Station, east on Berryessa and run #45’s route.  He noted this would extend Route #62’s time about 12 to 15 minutes.

Requested that staff review the proposal and provide a response to Mr. Talley.

  
6.

PAC Chairperson’s Report

Yoriko Kishimoto, PAC Vice Chairperson, provided a report on the June 10, 2004 PAC Meeting, highlighting: 1) Received a report from Matt Tucker, VTA Chief of Operations, regarding Community Shuttles/Small Capacity Vehicles; 2) Received City Groupings Reports; and 3) Discussed the report from the PAC BART Subcommittee composed of Members Brodsky, Kennedy, Kerr, Perry, and Chu.   PAC voted to recommend to the VTA Board the following:  a. Direct staff to simplify the strategic VTA Board financial discussion by preparing an executive summary of capitol project costs and funding sources, all expressed in present value, 2004 dollars.  This will have the desirable effect of removing any distortions caused by bonding costs, inflation, and discounted value of future income streams.  Further, income streams should be clearly identified as either committed or subject to political action by third party agencies or governments; b. Initiate a process designed to result in a consensus driven “Plan B”, or “no new taxes” scenario or group of scenarios.  This process would presumably involve careful consideration by all the various VTA stakeholders and then could be presented to the public as part of their consideration of any future election regarding a sales tax increase; and c. Forward a (revised version) of the spreadsheet entitled “REAL BART” compiled by Members Brodsky and Perry on June 9, 2004, as an example. 

Ms. Kishimoto noted  that the spreadsheet would be available the week of August 9, 2004.  She noted that PAC is requesting that the Board of Directors agendize   the item at its August 13, 2004 Workshop Meeting.

Ms. Kishimoto referred to the Grand Jury Report, noting that it is her understanding that a response is due to the Grand Jury by September 20, 2004.   She noted that a number of PAC Members felt strongly that the Grand Jury Report should be agendized at the August 12, 2004 PAC Meeting, because it would be the last opportunity for PAC to review the report in time to pass on recommendations to the Board by September 2, 2004.  Ms. Kishimoto asked for Board direction and input on whether this would be a suitable topic for PAC at their August 12, 2004 Meeting.

Queried as to why this one Committee made up of an elected official from each city cannot control their own agendas.

Suggested the methodology of a six-month work plan for PAC that is mutually agreed upon, based on PAC recommendations and suggestions, as to the subject matter that PAC wants to look at and discuss for a six-month period of time.

Noted that PAC should be in control of its own agenda and recommended, at a future meeting, that PAC bylaws be clarified and changed.

Referredto the Ad-Hoc Financial Stability Committee agenda process and noted that a similar process has to be put in place for PAC, so staff is not overwhelmed with work that interferes with any priorities already established by the Board.  Asked Ms. Kishimoto to have Dolly Sandoval, PAC Chairperson, to contact the Board Chairperson to discuss the matter.

Referred to the Grand Jury Report and noted the value of PAC looking at the Report in a rigorous and formal manner, giving the Board advice about the Report.   Noted would like to see a process whereby the PAC can give the Board advice as to how to interpret the facets of the Report and perhaps identify some of the Board’s options.

Expressed concern regarding the time constraints involving the Grand Jury Report.   Noted that these kinds of issues should be discussed in a study session where there is more of an open forum with the Board and not a strict schedule.

Asked if it was appropriate to have a minor discussion regarding the Grand Jury Report at the August 13, 2004 Board of Directors’ Workshop Meeting.

Staff noted that Agenda Item #25 is reserved for Items of Concern and Referral to Administration and is the appropriate spot on the agenda to refer these items.

Noted that PAC’s requests would be referred to Administration.

Referred to Ms. Kishimoto’s request that the Board agendize the discussion of the creation of a Plan B, or no new taxes scenario, at a future meeting.   Noted this is not a request for an action by the Board, but merely a request that it consider adding it to its agenda.

Noted the requests would be done through the referral process and that the Board would refer the requests to staff.

  

CONSENT AGENDA

7.

Approved the Minutes of the Regular Board of Directors’ Meeting of June 3, 2004.

  
8.

Approved the Minutes of the Joint Meeting of VTA Board of Directors and Santa Clara County Board of Supervisors of June 4, 2004.

  
9.

Approved the Minutes of the Special Board of Directors’ Meeting of June 17, 2004.

  
 

BOARD OF DIRECTORS COMMITTEE OF THE WHOLE (COW)

10.

Ratified the reappointments of the following individuals to the Bicycle and Pedestrian Advisory Committee (BPAC) for the term ending June 30, 2006: Bob Eltgroth representing the City of Morgan Hill; David Simons representing the City of Sunnyvale; and Bill Manry representing the City of Monte Sereno. 

  
11.

Ratified the appointment of Donald R. Burnett to the Citizens Advisory Committee (CAC) position representing the West Valley Cities. 

  
12.

Authorizedthe General Manager to execute a contract with Golden Bay Construction, the lowest responsible bidder, in an amount of $2,354,187 for construction of the Vasona Light Rail Project Winchester Park & Ride and Campbell Parking Lot Improvements.   This contract is 1 percent federally funded. 

  
13.

Authorized the General Manager to amend the total authorized funding for the Stacy and Witbeck, Inc. Group 1 Light Rail Station Finishes contract by an amount of $600,000 to accommodate delay impacts beyond VTA control for a new contract amount of $6,463,456.   This contract is 52 percent federally funded. 

  
14.

Adopted a support position for SB 1381 (Kuehl), which implements the recommendations contained in the California Blueprint for Bicycling and Walking, a Caltrans report regarding the need for improving bicycling and walking infrastructure within the state. 

  
15.

Authorized the General Manager to approve the award of a contract to U. S. Health Works for Substance Abuse Testing, Medical Review Officer and Medical Examination Services for three years with an option for two one-year extensions.  The contract value for the three-year period is $414,000. 

  
16.

Adopted Resolution No. 04.08.12    authorizing filing an application with the Bay Area Air Quality Management District (BAAQMD) for Transportation Fund for Clean Air 60% Regional funds for the construction of Phase 2 of the River Oaks Bicycle/Pedestrian Project.  Authorized the General Manager to execute the funding agreement upon receipt from BAAQMD. 

  
17.

Authorized the General Manager to amend the contract with URS Corporation for final design and design support during construction of the Route 85/87 Interchange Project, increasing the approved contract value by $110,865 for a new total contract value not to exceed $5,353,518. 

  
18.

Authorized the General Manager to execute a cooperative agreement with the City of Sunnyvale for the transfer of Federal Transit Administration (FTA) Section 5307 Transit Enhancement funds for the City of Sunnyvale’s Frances Street Transit Center Project; and appropriate $222,500 from VTA’s FY 05 Capital Budget. 

  
19.

Authorized the General Manager to execute a cooperative agreement with the City of Palo Alto for the transfer of Federal Transit Administration (FTA) Section 5309 Bus and Bus Facilities funds for the Palo Alto Intermodal Transit Center Project; and appropriate $309,384 from VTA’s FY 05 Capital Budget. 

  
20.

Authorized the General Manager to execute a contract with Mitchell Equipment Corporation, the sole responsive and responsible bidder for the purchase of a light rail vehicle car mover for $431,190. 

  
21.

Authorized the General Manager to award a contract to Peterson Dean Commercial, Inc., the lowest responsive and responsible bidder, for re-roofing Building B at the River Oaks facility for $289,145.

  
 

ADMINISTRATION AND FINANCE COMMITTEE

 There were no items submitted for the Consent Agenda by the Administration and Finance Committee.
  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

 There were no items submitted for the Consent Agenda by the Congestion Management Program and Planning Committee.
  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

 There were no items submitted for the Consent Agenda by the Transit Planning and Operations Committee.
  
  
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REGULAR AGENDA

  
 

BOARD OF DIRECTORS COMMITTEE OF THE WHOLE (COW)

22.

Authorized the General Manager to execute a contract with Robert A. Bothman Inc., the lowest responsible bidder for the construction of the Palo Alto Caltrain Transit Center.   This project is funded 45 percent by the 1996 Measure B Transportation Improvement Program and 55 percent by Federal grant.

  
23.

Approved a modification to Section C of the Contractor Pre-qualification Program scoring criteria, which will recognize only those OSHA, Clean Air and other safety violations incurred by the Bay Area office of a contractor having more than one office. Contractors having more than one office, but none in the Bay Area would have all violations recognized for scoring purposes.   For these purposes, Bay Area is defined as the following counties: Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, Sonoma, Santa Cruz, Monterey and San Benito.  Further, authorized sub-contractors nearing the end of their two-year pre-qualification period be allowed to re-qualify for an additional year by submitting a Validation Statement.   The Validation Statement will declare that the information on their previous Pre-qualification Application is correct and current.  These contractors will be notified before the end of this additional one-year period that they will be required to submit a complete Pre-qualification Application prior to the end of that year if they wish to be pre-qualified for a new full two-year period.

Noted a lengthy discussion held at the July 14, 2004, Committee of the Whole Meeting, and while it was agreed to proceed with staff recommendation, one caveat was to have the overall safety information record regarding the regional and national performance remain part of the application process even if it will not be part of the evaluation process.

  
24.

Amended the VTA FY 2004 – 05 Capital Budget to add $1 million for the Dumbarton Rail Corridor project, and further authorized the General Manager to execute an agreement for providing an amount not to exceed $1 million as VTA’s one-third local funding share of the cost of preparing the Dumbarton Rail Corridor Project Environmental Impact Statement and Environmental Impact Report (EIS/EIR); and further as recommended at the July 14, 2004 meeting, the Board Committee of the Whole recommended the EIS/EIR should include an evaluation of the use of the Santa Clara Caltrain Station as a Dumbarton Rail Corridor station.  This action does not endorse the long-term continuation of the current composition of the Dumbarton Rail Corridor Policy Committee as the governing body for the Dumbarton Corridor Rail project.

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #27.B.)

 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 #27.C.)

 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 #27.D.)

 There were no items submitted for the Regular Agenda by the Transit Planning and Operations Committee.
  
  
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OTHER ITEMS

25.

ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

Referred discussion of PAC to Administration.

  
26.

LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

  
27.

SUMMARY MINUTES FROM STANDING COMMITTEES

A.             Board of the Directors Committee of the Whole

                 Accepted as contained in the Agenda Packet.

B.             Administration and Finance Committee

                 Accepted as contained in the Agenda Packet.

C.             Congestion Management Program and Planning Committee

                 Accepted as contained in the Agenda Packet.

D.             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.

Board Members Gonzales and Dixon left the meeting at 6:20 p.m.

  
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  

Heard a report that the Downtown East Valley PAB at its meeting on  Thursday, August 5, 2004: 1) received two presentations and asked that staff return to the PAB on the recommendation as it relates to the Downtown East Valley Light Rail; 2) noted PAB essentially recommended light rail down east Santa Clara Street; and 3) accepted the report on the preferred alignment to be presented to the VTA Board regarding the Capitol Expressway component.

E.             Highway PAB – South

                There was no report from the Highway PAB – South.

F.             Community Design Enhancements Committee (CODE)         

                Accepted as contained in the Agenda Packet.

G.            Dumbarton Rail Corridor Policy Committee

Heard a report that the Dumbarton Rail Corridor Policy Committee at its meeting on Tuesday, July 20, 2004: 1) San Mateo County Transportation Authority project staff had been taking a look at the Dumbarton Rail and determined that it might be necessary to delay the beginning of service from 2010 to 2012.   It was the recommendation of the Committee that they reconsider that and that they move forward towards starting service in 2010; 2) discussed the feasibility of double tracking the Dumbarton Rail corridor; and 3) recommended that the Silicon Valley Manufacturing Group no longer be an active member of the Policy Committee, but to continue to be an active member on the Technical Advisory Committee. 

  
31.

REPORT FROM THE CHAIRPERSON

Reaffirmed the appointment of Board Member David Casas as the VTA Representative to the 2020 Peninsula Gateway Study Policy Advisory Board.

  
32.

REPORT FROM THE GENERAL MANAGER

Heard a report, highlighting: 1) memo sent out regarding summer 2004 ridership, noting the increased ridership on light rail; 2) opening of Tasman East/Capitol light rail line, noting that there are approximately 4,000 riders per day in just a month of operation.

  
33.

ANNOUNCEMENTS

Queried about the ridership numbers for the Baby Bullet Train out of the San Jose/Diridon Station.

  
34.

ADJOURNED at 6:26 p.m.            

  
  
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