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Board Minutes


BOARD OF DIRECTORS MEETING

September 2, 2004

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

Summary Minutes

1.

CALLED TO ORDER at 5:31 p.m.

Announced that there will be no Closed Session.

Introduced and welcomed newly appointed Board Member, Dean Chu, City of Sunnyvale Vice Mayor.

  
2.

ADMINISTERED OATH OF OFFICE Dean Chu to represent Group 2.

  
3.

ROLL CALL

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

Board Members Absent Dando, Gonzales, Williams

Alternate Board Members Present: Kennedy, Sandoval

Alternate Board Members Absent: Alvarado, Kerr, Yeager

*   Alternates do not serve unless participating as a Member.

  
4.

ADJOURN TO CLOSED SESSION

There was no Closed Session.

  
5.

CLOSED SESSION REPORT

There was no Closed Session.

  
6.

ORDERS OF THE DAY

Removed Closed Session from the Agenda. 

Removed from Consent Agenda, and deferred to the October 7, 2004 Regular Board Meeting, Agenda Item #22., Authorize the General Manager to execute a contract with Burson-Marsteller for community outreach, public education, and marketing services, for an amount not to exceed $7,700,000.  The contract will be for an initial three-year period with two optional one-year extensions.  Noted that all three Standing Committees will review the item at their September 2004 Meetings.

Statedthat Board Members Gonzales, Dando, and Williams requested removal from Other Items, Items of Concern and Referral to Administration, and defer to the October 7, 2004 Regular Board Meeting, Agenda Item #33.A., Policy Advisory Committee referral by Board Chairperson from the August 5, 2004 Board of Directors’ Meeting; and Agenda Item #33.B., Response to request for an additional financial scenario from the August 13, 2004 Board of Directors’ Workshop Meeting.

Forwarded a referral to Administration from Ex-Officio Board Member Beall regarding establishing off-hour reduced fee tickets from VTA for Department of Families and Children Services (DFCS) and CalWORKS clients. 

Board Member Cortese took his seat at 5:36 p.m.

Accepted Orders of the Day.

Requested Public Speakers to present their concerns and issues relating to Agenda Item #22.

Barbara Rhodes, VTA Committee for Transit Accessibility (CTA) Member, Transportation Chair of the Silicon Valley Council of the Blind, and California Council of the Blind Board Member, expressed opposition to the proposed $7.7 million community outreach and marketing services contract.   Ms. Rhodes thanked Chairperson Gage and Board Member McHugh for reading her e-mail regarding the process and procedures for paratransit eligibility.  Ms. Rhodes stated that VTA’s Marketing Department should do the marketing services job and noted that the $7.7 million could be used to provide transportation services. 

Ross Signorino, Interested Citizen, noted that the $7.7 million contract for marketing services is extravagant.  Mr. Signorino provided less expensive options to promote VTA to the public.

Eugene Bradley, VTA Riders Union, stated that the $7.7 marketing contract is a waste of public dollars. Mr. Bradley noted that repealing the fare hike is a better marketing strategy.  Mr. Bradley expressed concern on the possible decrease of ridership when fare hike is implemented.  Mr. Bradley concurred with the decision to delay the award of the contract as it will provide more opportunity to examine where money can be used more wisely.

Chris Lepe, Transportation for Land Use Coaltion (TALC) referred to the Disabled Olympics poster and noted that it illustrates the difficult process of the Paratransit Eligibility Program.  Mr. Lepe read a letter from a disabled client that expressed concern on the amount proposed to be spent for marketing consultant services.   

Arthur Schwartz, Interested Citizen, noted that $7.7 million for public relations is a waste of money.   Mr. Schwartz noted that the money could be used for engineering and implementation of a universal transportation ticket for various transportation systems. Mr. Schwartz expressed opposition to a new tax and noted that the BART Extension Project will cause financial difficulty.

Yolanda Reynolds, former Transportation Commissioner and Interested Citizen, urged the Board of Directors to listen to comments of previous speakers.  Ms. Reynolds noted that the amount of money proposed for marketing is obscene and irrational.   Ms. Reynolds indicated her opposition to the BART Extension Project and suggested that VTA look into articulated buses.

Lowell Grattan, Interested Citizen, referred to the Valley Transportation Plan and expressed concern that the plan does not say transit.  Mr. Grattan noted the importance of controlling housing patterns.

Mark Brodsky, Monte Sereno City Council Member and VTA Policy Advisory Committee (PAC) Member, referred to the Board Minutes of August 5, 2004 and quoted Board Member Gonzales’ comments on PAC “finding things to do.”                Mr. Brodsky noted some of the PAC initiatives and further noted that PAC Members have the duty to bring the issues to the Board of Directors. 

Doug McNea, Vice President for Silicon Valley Tax Payers Group and candidate for Congress, urged the Board of Directors not to approve Agenda Item #22. 

  
7.

AWARDS AND COMMENDATIONS

Employees of the Month for September 2004

Presentedawards to Arvine Pilcher, River Oaks, Administration;    Phyllis Harrell-Vaughn, Cerone Operations, as VTA’s Employees of the Month for September 2004.  Mark Keys, Cerone Maintenance Employee for the Month of September 2004 was unable to attend.

  
8.

PUBLIC PRESENTATIONS

Ms. Rhodes referred to the August 13, 2004 Board Workshop and noted that the community bus is a good idea.  Ms. Rhodes stated that VTA should conduct better community outreach and allow CTA Members to inspect the proposed vehicles.     Ms. Rhodes recommended that the Board of Directors direct staff to keep CTA well informed. Ms. Rhodes expressed concern on bus service and higher paratransit fare rates.

David Moss, Interested Citizen, expressed concern on the safety of bicyclists and pedestrians crossing the train tracks at the Santa Clara Caltrain Station.  Mr. Moss presented two short-term solutions involving early construction of BART in the area and Bus Route #10.  Mr. Moss requested VTA to take a lead in providing those short-term solutions.

Requested staff to look into the issue of Bus Route #10 to address the safety issue of crossing the train tracks at the Santa Clara Caltrain Station.

Staff noted that the City of San Jose has to concur with the mitigation as they are jointly funding Bus Route #10.

Fernando Lopez, Interested Citizen, thanked VTA for the services that were provided to him.  Mr. Lopez stated that VTA should examine and review the insurance companies and policies.  Mr. Lopez submitted pictures of bus seats.

Mr. Bradley referred to the Chairperson Gage’s comments in the Gilroy Dispatch regarding the need to abolish Caltrans.   Mr. Bradley compared Caltrans with VTA and urged Chairperson Gage to look closely on VTA operations.

  
9.

Policy Advisory Committee (PAC) Chairperson’s Report

Dolly Sandoval, VTA Alternate Board Member and VTA PAC Chairperson, reported that PAC will discuss the Santa Clara County Grand Jury Report and PAC Bylaws.  Ms. Sandoval further reported that PAC received a presentation on Stanford/Palo Alto Marguerite Shuttle and noted that VTA should look into the same technology for the community buses.  Ms. Sandoval also reported that the Committee received an overview of the VTA Transit Capital Scenarios and process for developing an Expenditure Plan.

  

CONSENT AGENDA

Stated that the Public requested removal from Consent Agenda and placed on Regular Agenda: Agenda Item #19., Authorize the General Manager to amend the contract with Karen Antion Consulting, LLC to implement the Technology Strategic Plan, to stabilize the Technology Management Structure, and to provide external review and recommendations to stabilize the Technology Department service delivery model for an additional amount of $200,000 and new total contract amount of $500,000; and extend the contract through June 30, 2005; and Agenda Item #27., Approve the concept proposal for artist Masayuki Nagase’s Bench “Sculptures” CODE project at the Palo Alto Caltrain Transit Center. 

Expressed opposition to Agenda Item #30., Authorize the General Manager to execute a contract with Rajappan & Meyer Consulting Engineers, Inc. for Preliminary Engineering services on the Downtown East Valley – Capitol Expressway Light Rail Project in an amount not to exceed $10,400,000.   The initial contract term will be for 13 months.  This contract is currently locally funded; and Agenda Item #31., Authorize the General Manager to amend the contract with EIP Associates, Inc., for the preparation of the Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Downtown East Valley Santa Clara/Alum Rock Corridor Project, increasing the approved contract value by $165,000 for a new contract value not to exceed $902,834. 

  
10.

Approved the Minutes of the Regular Board of Directors’ Meeting of August 5, 2004.

  
 

ADMINISTRATION AND FINANCE COMMITTEE

11.

Ratified the appointment of Richard Swent to the Bicycle and Pedestrian Advisory Committee (BPAC) representing the City of Palo Alto for the term ending June 30, 2006. 

  
12.

Ratified the appointment of Roberta H. Hughan to the Citizens Advisory Committee (CAC) position representing the County of Santa Clara. 

  
13.

Adopted the amended Appendix of Designated Positions and Disclosure Categories of the Conflict on Interest Code for the Santa Clara Valley Transportation Authority (VTA) and directed the Board Secretary to forward the revised list of designated positions to the Santa Clara County Board of Supervisors for approval. 

  
14.

Authorized the General Manager to amend the contract with Mark Thomas & Co. for services in support of the Route 880 Widening Project, increasing the approved contract value by $100,000 for a new total value not to exceed $5,408,860. 

  
15.

Authorized the General Manager to amend the contract with Parsons Transportation Group for final design of the Route 237/880 Interchange Project, increasing the approved contract value by $119,848 for a new total contract value not to exceed $5,526,187. 

  
16.

Authorized the General Manager to amend the contract with Rajappan & Meyer for final design and design support during construction of the Route 85/101 South Interchange Project, increasing the approved contract value by $224,990 for a new total contract value not to exceed $6,661,203, and extend the term of the contract to December 31, 2005. 

  
17.

Authorized the General Manager to amend the contract with HMH, Inc. for final design and design support during construction of the Route 152 Project, increasing the approved contract value by $191,288 for a new total contract value not to exceed $3,438,040. 

  
18.

Authorized the General Manager to amend the VTA FY 2005 Capital Budget to add the US 101 Operational Improvement Projects in the amount of $50 million; and to execute cooperative agreements with the City of San Jose and the California Department of Transportation (Caltrans) necessary to implement the projects. 

  
19.

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

Authorize the General Manager to amend the contract with Karen Antion Consulting, LLC to implement the Technology Strategic Plan, to stabilize the Technology Management Structure, and to provide external review and recommendations to stabilize the Technology Department service delivery model for an additional amount of $200,000 and new total contract amount of $500,000; and extend the contract through June 30, 2005. 

  
20.

Authorized the General Manager to execute a contract with RGW Construction, Inc., the lowest responsible bidder, in the amount of $21,990,962 for construction of the
Route 87 (North) HOV Project, a Valley Transportation Plan 2020 project.  This contract is 100 percent federally funded. 

  
21.

Authorized the General Manager to execute a contract with Viacom Outdoor Inc. to sell, display and manage the advertising program on VTA Bus and Light Rail vehicles for a five-year term beginning on January 1, 2005 through December 31, 2009. 

  
22.

(Deferred to the October 7, 2004 VTA Board of Directors Meeting.)

Authorize the General Manager to execute a contract with Burson-Marsteller for community outreach, public education, and marketing services, for an amount not to exceed $7,700,000.   The contract will be for an initial three-year period with two optional one-year extensions. 

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

23.

Approved local streets and roads rehabilitation projects for the Federal Surface Transportation Program (STP) funding in 2005/06 and 2006/07.  

  
24.

Approved reprogramming the Santa Clara Regional Improvement Program (RIP) funds for the SR-152/SR-156 Interchange and the SR-152 Truck Climbing and Passing Lane projects. 

  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

25.

Authorized the General Manager to execute a contract with Stacy and Witbeck, Inc., the lowest responsible bidder, in an amount of $878,068 for construction of the Vasona Light Rail Project San Fernando Station Plaza.   This contract is 81 percent federally funded. 

  
26.

Authorized the General Manager to amend the total authorized funding for the Stacy and Witbeck, Inc., construction contract to accommodate the final contract close-out adjustments on the Tasman East Light Rail Project – Civil, Track and Landscaping  (I-880 to Hostetter) contract in an amount of $132,000, for a new authorized amount of $22,856,559. 

  
27.

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

Approve the concept proposal for artist Masayuki Nagase’s Bench “Sculptures” CODE project at the Palo Alto Caltrain Transit Center. 

  
28.

Authorized the General Manager to execute a contract with Harsco Track Technologies for light rail grinding and profiling of VTA’s light rail track at a cost of $621,250 for a three-year period. 

  
29.

Authorized the General Manager to execute task order contracts with five civil engineering, three architectural, and two electrical engineering consultant firms for General Engineering and Architectural Consultant Services for facilities, rail, and highway projects services to be utilized on an as-needed basis.   Each contract will be for a period of up to three years, with an option to extend the contract for an additional two-year term.  The total amount for all ten contracts will not exceed $10,000,000. 

  
30.

Authorized the General Manager to execute a contract with Rajappan & Meyer Consulting Engineers, Inc. for Preliminary Engineering services on the Downtown East Valley – Capitol Expressway Light Rail Project in an amount not to exceed $10,400,000.  The initial contract term will be for 13 months.  This contract is currently locally funded. 

  
31.

Authorized the General Manager to amend the contract with EIP Associates, Inc., for the preparation of the Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Downtown East Valley Santa Clara/Alum Rock Corridor Project, increasing the approved contract value by $165,000 for a new contract value not to exceed $902,834. 

The Agenda was taken out of order.

  
  
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REGULAR AGENDA

  
19.

Mr. Bradley expressed concern that the $200,000 fixed rate does not refer to anticipated number of labor hours.   Mr. Bradley noted that the Board Memorandum does not state the services delivered, hours performed, and cost.  

Authorized the General Manager to amend the contract with Karen Antion Consulting, LLC to implement the Technology Strategic Plan, to stabilize the Technology Management Structure, and to provide external review and recommendations to stabilize the Technology Department service delivery model for an additional amount of $200,000 and new total contract amount of $500,000; and extend the contract through June 30, 2005. 

  
27.

Mr. Bradley inquired if the benches are waterproof and expressed concern on the amount of money to be spent and the possible damage to the benches that will be caused by rainstorms.   

Staff confirmed that the benches are waterproof.

Approved the concept proposal for artist Masayuki Nagase’s Bench “Sculptures” CODE project at the Palo Alto Caltrain Transit Center. 

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item # 35.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 # 35.B)

32.

Noted Former Board Member Fowler’s option of 3.5 percent increase over the FY 02-03 level and staff’s recommendation to remain at the FY 02-03 level and defer the 7 percent increase on the Member Agency fees.

Noted concern on the impacts of not moving fees in a timely fashion.  Recommended moving forward with the seven percent increase on Member Agency Fees.           

Expressed concern that the Board Memorandum did not state the PAC’s motion from a meeting earlier this year and stated that PAC’s motion was to use the FY 03-04 as the base year and increase the fees by seven percent from that year.

Ex-Officio Board Member Beall took his seat at 6:19 p.m.

             Recognized former Board Member Fowler for his representation of small cities.  Noted that some language may have been pulled out during the process of continuous revision of the Board Memorandum. 

Expressed opposition to the seven percent increase over the FY 02-03 levels.

Approved the modified FY 04-05 Congestion Management Program (CMP) Work Program, Budget, and modified Member Agency Fees, with the recognition of the seven percent scheduled increase on the Member Agency Fees.

  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item # 35.C)

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

  
  
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OTHER ITEMS

33.

ITEMS OF CONCERN AND REFERRal TO ADMINISTRATION

A.    Policy Advisory Committee referral by Board Chairperson from the
August 5, 2004 Board of Directors’ meeting.
 

(Deferred to the October 7, 2004 VTA Board of Directors Meeting.)


B.  Response to request for an additional financial scenario from the August 13, 2004 Board of Directors’ Workshop Meeting. 

(Deferred to the October 7, 2004 VTA Board of Directors Meeting.)

  
34.

LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

  
35.

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.

  
36.

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.

  
37.

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

Accepted as contained in the Agenda Packet.

Noted the success of the Baby Bullet train and stated that the average weekday trip is over 30,000.  Further noted that the weekend service is doing good as well.

B.  Capitol Corridor JPB

There was no report from Capitol Corridor JPB.

C. Metropolitan Transportation Commission (MTC)

There was no report from MTC. 

  
38.

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. Downtown/East Valley PAB

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

Noted that the Downtown/East Valley PAB meeting was rescheduled to Thursday, September 30, 2004, 2:00 p.m. at the San Jose City Hall.

D.  Highway PAB – South

There was no report from the Highway PAB – South.

E. Dumbarton Rail Corridor Policy Committee

There was no report from the Dumbarton Rail Corridor Policy Committee.

  
39.

REPORT FROM THE CHAIRPERSON

A. Grand Jury Report

Noted that this item is placed on the agenda as requested and further noted that any questions and comments from the Board will now be entertained. Stated that the PAC will also review the response.

Reported that Los Altos City Council wrote a letter expressing their concerns on Grand Jury Report, Operating Expense, BART Project, and current VTA Structure.  Expressed concern on the process and timing of providing response to the Grand Jury Report before Board discussion.

Stated that the process and timing of providing response to the Grand Jury Report is the normal practice and is in accordance with VTA Policy.  Exlained that the normal practice is the Board Chair and Vice Chair to review the response, modify the response, and respond to the Grand Jury.  Noted that the process may be changed in the future depending on PAC and staff discussion.

B.   Appointment of Evaluation Committee for the annual performance evaluation for the General Manager and General Counsel

Appointed Chairperson Gage, Vice Chairperson Pirzynski, and Board Member Gonzales to the Evaluation Committee to conduct annual performance evaluation for the General Manager and the General Counsel.

  
40.

REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.

  
41.

ANNOUNCEMENTS

There were no announcements.

  
42.

ADJOURNED at 6:26 p.m.

  
  
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