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Board Minutes


BOARD OF DIRECTORS MEETING

Thursday, October 7, 2004

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

Summary Minutes

1.

CALLED TO ORDER at 5:33 p.m.

  
2.

ROLL CALL

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

Board Members Absent: Beall (Ex-Officio) 

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 5:34 p.m.

A.  Public Employee Performance Evaluation

[Government Code Section 54957]

Title:  General Manager

Title:  General Counsel

B.  Existing Litigation – Conference with Legal Counsel

[Government Code Section 54956.9(a)]

Name of Case: Santa Clara Valley Transportation Authority v. SJW Land Co. (Santa Clara County Superior Court Case No. CV 816174 – Complaint in Eminent Domain)

Board Member Dixon arrived at the Meeting and entered Closed Session at 5:34 p.m. and a quorum was declared.

Board Member Chavez arrived at the Meeting and entered Closed Session at 5:35 p.m.

Board Members Gonzales and Cortese arrived at the Meeting
and entered Closed Session at 5:36 p.m.

Board Member Dando arrived at the Meeting and entered Closed Session at 5:40 p.m.

Board Member Chu arrived at the Meeting and entered Closed Session at 5:46 p.m.

RECONVENED TO OPEN SESSION at 5:54 p.m.
  
4.

CLOSED SESSION REPORT

A.  Public Employee Performance Evaluation

[Government Code Section 54957]

Title:  General Manager

Title:  General Counsel

There was no reportable action taken during Closed Session.

B.  Existing Litigation – Conference with Legal Counsel

[Government Code Section 54956.9(a)]

Name of Case: Santa Clara Valley Transportation Authority v. SJW Land Co.

(Santa Clara County Superior Court Case No. CV 816174 – Complaint in Eminent Domain)

There was no reportable action taken during Closed Session.

  
5.

ORDERS OF THE DAY

Requested that Agenda Item # 24., 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.   Forwarded without a recommendation from the Committee. (Deferred from September 2, 2004 VTA Board of Directors Regular Meeting.) be deferred to staff and noted that public comment regarding this item will immediately follow under Orders of the Day. 

Requested that staff examine and provide the Board of Directors with options in reducing the cost of the contract.

Ross Signorino, Interested Citizen, referenced the Burson – Marsteller Contract and noted his appreciation to Board Members on the request to examine and provide options regarding the contract.

Lupe Medrano, Silicon Valley Council of the Blind, expressed concern regarding the marketing contract to spend $7.7 million to promote VTA’s image.   Ms. Medrano added that VTA damaged its own image and noted that if VTA provided excellent service to the public then VTA would not be in this situation.  Ms. Medrano added that VTA could improve its image by reinstating lines, services, and maintaining reasonable fare rates. 

Eugene Bradley, Santa Clara VTA Riders Union, expressed concern regarding the marketing contract to spend $7.7 million of the public’s tax dollars on VTA’s public relation makeover. Mr. Bradley expressed concern regarding VTA utilizing funding to promote its image and noted that a better use of the funding would be to place the funding within the economy by giving the community back the service while keeping the fares reasonable.

Doug McNea, Silicon Valley Tax Payers Association and Congressional Candidate, expressed concern regarding the marketing contract with Burson – Marsteller for public relation services.   Mr. McNea noted that the public relation services contract would be a waste of funding and added that the taxpayers want VTA to provide transportation service.   

Tammy Dhanota, SEIU Local 715 Representative, expressed concern regarding the marketing contract.   Ms. Dhanota added that SEIU Local 715 has not taken a stand regarding the marketing contract since SEIU Local 715 does not have enough information on how the proposal will impact VTA marketing staff members. 

Accepted Orders of the Day.

  
6.

AWARDS AND COMMENDATIONS

A. Recognize Employees of the Month for October 2004

Staff introduced daughter, Marisa, to the Board of Directors, staff and interested citizens.                      

Welcomed Marisa for her attendance and participation at the Board of Directors Regular Meeting.

Presented awards to James Azucena, Chaboya Maintenance; and Steve Hawkins, Light Rail Operations, as Employees of the Month for October 2004, and
Janice Broock, Supervisor of the Quarter for October 2004, and Julia Jones,
River Oaks Administration, as Employee of the Month for July 2004. 
Connie Lechnar, CAMM Department, River Oaks Administration, Employee of the Month for October 2004 was unable to attend.

Congratulated all the employees.

B.  Adopt a Resolution of Commendation for Retiring VTA Employee Rich Golda

Noted that Rich Golda was unable to attend.                          

Joseph Golda, son of Rich Golda, noted his father’s gratitude and appreciation regarding the resolution of commendation.            

Adopted Resolution of Commendation No. 04.10.13 for Retiring VTA Employee Rich Golda.

C. Adopt Resolutions of Commendation for Retiring Elected Officials

Staff noted due to term limits five members of delegation will be leaving California State Legislature after the November election. 

Staff recommended that the Board of Directors adopt Resolutions of Commendation for each of the five legislators to express VTA’s appreciation for their diligent work and efforts in transportation during their years in Sacramento.

Adopted the following Resolutions of Commendation:

1.  Senator John Vasconcellos (Resolution No. 04.10.14)

2.  Senator Byron Sher (Resolution No. 04.10.15)

3.  Senator Bruce McPherson (Resolution No. 04.10.16)

4.  Assembly Member John Dutra (Resolution No. 04.10.17)

5.  Assembly Member Manny Diaz (Resolution No. 04.10.18)

D. Adopt Resolution Recognizing October as Domestic Violence Awareness Month

Noted that Domestic Violence is a serious issue that impacts cities across the Nation and added that the County of Santa Clara is recognizing the Month of October as Domestic Violence Awareness Month. 

Thanked all VTA Board Members and Council Members in the Santa Clara County for taking a pledge to not allow Domestic Violence go unannounced and un-addressed.

Encouraged everyone to be alert and aware of Domestic Violence and to speak up and added that the Santa Clara County theme this year is “Speak up, Save Lives” and hopefully prevent further deaths.

Thanked VTA for support, participation, and providing transportation for the Walk to End Domestic Violence.   Noted that the Seventh Annual City of
San Jose’s Elected and Public Officials Walk to End Domestic Violence is scheduled for Friday, October 8, 2004 at San Jose City Hall. 

Adopted Resolution No. 04.10.19 Recognizing October as Domestic Violence Awareness Month.

  
7.

PUBLIC PRESENTATIONS

John Romayov, Interested Citizen, expressed concern regarding VTA’s fare increases and the negative impact on the low-income community.           

Bob Jaffee, Council on Aging Member, expressed concern regarding VTA’s eligibility requirements regarding Paratransit Services.   Mr. Jaffee expressed concern regarding the allocation of funding to promote VTA’s image and added that the funding should be utilized to provide transportation services for all seniors.           

Keith Uriarte, Organizing Director of American Federation of State, County, and Municipal Employees (AFSCME), expressed concern regarding VTA’s attempt to restrict employee rights to be represented by AFSCME.  

Mr. Bradley distributed a un-scientific survey to VTA Board of Directors regarding the public’s awareness of VTA and VTA’s transportation services.   Mr. Bradley expressed concern regarding the results obtained from the un-scientific survey.  Mr. Bradley requested a written response from staff regarding the information obtained as a result of the un-scientific survey.

Jerry Grace, Interested Citizen, expressed concern regarding VTA’s allocating funding to spend $7.7 million on a public relation marketing contract.   Mr. Grace expressed concern regarding VTA’s fare increase.

  
8.

Policy Advisory Committee (PAC) Chairperson’s Report

Dolly Sandoval, PAC Chairperson, provided a brief report on the September 9, 2004 PAC Meeting, highlighting: 1) Reported on meeting with VTA Chairperson Gage and Vice Chairperson Pirzynski regarding PAC Agenda Items and policy communication, 2) Received a presentation from the Operations Division regarding Fiscal Year 2005/2006 Major Projects and Programs, including Community Bus and Bus Rapid Transit (BRT), 3) Received cities comments on VTA Transit Capital Scenarios and Expenditures, 4) Reviewed and commented on the Policy Advisory Committee Bylaws.   VTA Legal Counsel will review the bylaws and return to the October PAC meeting with recommendations for consistency and a process to allow the committee to place items on the PAC Agenda, and 5) Discussed the Board Agenda item relating to the PAC that was deferred at the September VTA Board of Directors Meeting.   The committee agreed the Board of Directors should not consider this item until the PAC completes the review of the PAC bylaws. 

Queried on the amount of time PAC Members required regarding review of the PAC bylaws.   Ms. Sandoval responded that PAC Members will begin discussion on a draft next week and will forward a recommendation for consideration at the December VTA Board of Directors Regular Meeting.

Noted the request to defer Agenda Item # 25. A. will be considered when the Board of Directors move to that item on the Agenda.

  

CONSENT AGENDA

Requested that the following Agenda Items be removed from the Consent Agenda and placed on the Regular Agenda:  Agenda Item # 9., Approve the Minutes of the Board Workshop Meeting of August 13, 2004; Agenda Item # 14., Authorize the General Manager to execute a contract with AT & T Wireless (AT&T) for one year to provide cellular telephone service, with an option to extend the contract on an annual basis for four additional years.  This contract will not exceed $230,000 for the first year with an escalation rate of two percent for each of the next four years, for a total contract amount not to exceed $1,196,930 over the five-year period; and Agenda Item # 19., Reaffirm the Santa Clara Valley Transportation Authority (“VTA”) Investment Policy on Unrestricted and Restricted Funds and the delegation of authority.

  
9.

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

Approve the Minutes of the Board Workshop Meeting of August 13, 2004.

  
10.

Approved the Minutes of the Regular Board of Directors’ Meeting of
September 2, 2004.

  
 

ADMINISTRATION AND FINANCE COMMITTEE

11.

Ratified the appointment of Margaret Okuzumi to the Citizens Advisory Committee (CAC) position representing the North County Cities.

  
12.

Adopted Resolution No. 04.10.20 to preserve the right to use tax-exempt bond proceeds to reimburse the Santa Clara Valley Transportation Authority (VTA) for costs incurred for capital projects and equipment purchases, if VTA, at a future date, decides to issue bonds. 

  
13.

Authorized the General Manager to approve the award of a contract to Free Life Enterprises for Substance Abuse Professional Services for five years.   The contract value for the five-year period is $400,000. 

  
14.

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

Authorize the General Manager to execute a contract with AT & T Wireless (AT&T) for one year to provide cellular telephone service, with an option to extend the contract on an annual basis for four additional years.   This contract will not exceed $230,000 for the first year with an escalation rate of two percent for each of the next four years, for a total contract amount not to exceed $1,196,930 over the five-year period. 

  
15.

Authorized the General Manager to renew benefit contracts with Kaiser, PacifiCare,
Valley Health Plan, Delta Dental, Pacific Union Dental for VTA employees and retirees for calendar year 2005.   Authorize the General Manager to execute a contract with Custom Benefits Administrators for one year for flexible spending account plan administration and Metropolitan Life Insurance Company for life, accidental death and dismemberment, and long-term disability insurance for three years.

  
16.

Authorized the General Manager to execute task order contracts for the preparation of environmental compliance documents and other environmental support services for highway, transit, and related facility projects with the following firms as funds become available for each project.   Each contract will be for a maximum three-year period with an option for two additional years with a total value not to exceed $2,400,000 for all agreements.

  
17.

Authorized the General Manager to amend the contract with Mark Thomas & Co. for final design and design support during construction of the River Oaks Bicycle and Pedestrian Bridge, increasing the approved contract value by $52,500 for a new total contract value not to exceed $570,000.

  
18.

Adopted an amended permit fee schedule and policy adding charges for Restricted Area Access Permits, allowing the General Manager to enter into mutual fee waiver agreements with other public entities, and exempting projects undertaken pursuant to VTA cooperative agreements from fee collection requirements.

  
19.

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

Reaffirm the Santa Clara Valley Transportation Authority (“VTA”) Investment Policy on Unrestricted and Restricted Funds and the delegation of authority.

  
20.

Adopted an oppose position for Propositions 68 and 70, two competing measures appearing on the November 2004 general election ballot relating to the expansion of casino-style gambling across California.

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

21.

Approved  the exemption of the following intersections from Congestion Management Program (CMP) Level of Service (LOS) Monitoring during the Year 2004 Cycle: I-880/Coleman Avenue (North) (CMP ID 3052) (City of San Jose); I-880/Coleman Avenue (South) (CMP ID 3053) (City of San Jose); De La Cruz Boulevard/Trimble Road (CMP ID 3090) (City of San Jose); Montague Expressway/Mission College Blvd. (CMP ID 5805) (County of Santa Clara); Montague Expressway/De La Cruz Boulevard (CMP ID 5806) (County of Santa Clara); Montague Expressway/North First Street (CMP ID 5807) (County of Santa Clara). 

  
22.

Approved the addition of following freeway segments on SR 87 for CMP Monitoring: between Coleman Avenue and Taylor Street; Between Taylor Street and Skyport Drive; between Skyport Drive and SR 87 split to US 101/North First Street; Between SR 87 split to US 101/North First Street to US 101. Further approved removal of CMP intersections designation from the following intersections from being a CMP intersection:  Guadalupe Parkway/Coleman Avenue (CMP ID No. 3012, City of San Jose); Guadalupe Parkway/Taylor Street (CMP ID No. 3100, City of San Jose); Guadalupe Parkway/Hedding Street (CMP ID No. 3101, City of San Jose).

  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

23.

Authorized the General Manager to amend the contracts with TBE Group, Inc., and Baystate Subsurface Investigation, Inc. (BSI, Inc.) to provide coordination of utility conflicts and relocations consulting services for additional VTA projects requiring these services, but within the original contract amount of $6,200,000 previously authorized by the Board.

The Agenda was taken out of order.

  
  
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REGULAR AGENDA

  
9.

Noted forthe record that at that time he was not a VTA Board Member; Board Member Chu abstained.

Approved on a vote of 11 Ayes, to 0 Noes, to 1 Abstentions the Minutes of the Board Workshop Meeting of August 13, 2004.   Board Member Chu abstained.

  
14.

Noted for the record that at the September 16, 2004 Administration and Finance Committee Meeting voted no on the contract; however, clarified that the no vote was not against the contract or work provided by staff.  Noted concern regarding VTA not currently having a long-term cellular plan, including revenue generation, and opportunities on the property owned by VTA that can offset the costs per cellular services.  Noted concern with staff and added that VTA needs to ensure maximizing revenue opportunities for profits. 

Authorized the General Manager to execute a contract with AT & T Wireless (AT&T) for one year to provide cellular telephone service, with an option to extend the contract on an annual basis for four additional years.   This contract will not exceed $230,000 for the first year with an escalation rate of two percent for each of the next four years, for a total contract amount not to exceed $1,196,930 over the five-year period. 

  
19.

Noted that Administration and Finance Committee reviews the investments at the meeting and are interested in the investment details and if they are meeting the standards.  

Reaffirmed the Santa Clara Valley Transportation Authority (“VTA”) Investment Policy on Unrestricted and Restricted Funds and the delegation of authority.

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - Forrest Williams

24.

(Deferred to staff from the Regular Agenda.)

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.    Forwarded without a recommendation from the Committee. (Deferred from September 2, 2004 VTA Board of Directors Regular Meeting.)

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - Cindy Chavez

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

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

Requested that the following Agenda Items be deferred from Other Items: Agenda Item # 25.A., Response to Policy Advisory Committee referral by Board Chairperson from the August 5, 2004 VTA Board of Directors’ Regular Meeting. (Deferred from September 2, 2004 VTA Board of Directors Regular Meeting.), and Agenda Item # 25.B., Response to request for an additional financial scenario from the August 13, 2004 VTA Board of Directors’ Workshop Meeting. (Deferred from September 2, 2004 VTA Board of Directors Regular Meeting.)

A.  (Deferred from the October 7, 2004 VTA Board of Directors Regular Meeting to the December 9, 2004 VTA Board of Directors Regular Meeting.)

Response to Policy Advisory Committee referral by Board Chairperson from the August 5, 2004 VTA Board of Directors’ Regular Meeting. (Deferred from September 2, 2004 VTA Board of Directors Regular Meeting.)

B.  (Deferred from the October 7, 2004 VTA Board of Directors Regular Meeting.)

Response to request for an additional financial scenario from the August 13, 2004 VTA Board of Directors’ Workshop Meeting. (Deferred from September 2, 2004 VTA Board of Directors Regular Meeting.)

Requested discussion regarding the issue of the role of VTA as it relates to AFSCME.   Responded that the issue would be addressed in Closed Session.

  
26.

LEGISLATIVE REPORT

Noted that the Legislative Report was sent electronically to the VTA Board of Directors.

Accepted the Legislative Report.

  
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.

F. Community Oriented Design Enhancements Committee (CODE) 
(No Meeting Scheduled)

There was no report from the Community Oriented Design Enhancements Committee (CODE).

  
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

Heard a report highlighting: 1) Received a letter sent by VTA General Manager to SamTrans General Manager, San Francisco Muni Executive Director, and Metropolitan Transportation Commission (MTC) regarding October 1, 2004 VTA Board of Directors’ Workshop Meeting request to identify funding commitments for Caltrain electrification, 2) Adopted the 2004 Caltrain Short Range Transit Plan (SRTP) and hopefully have electrification in 2013 – 2014 time period, and
3) Noted a response letter from VTA on the issue regarding pedestrians crossing over the train tracks to the Santa Clara Caltrain Station. 

B. Capitol Corridor JPB

There was no report from the Capitol Corridor JPB.

C. Metropolitan Transportation Commission (MTC)

Heard a report highlighting: 1) MTC’s 26th Annual Awards Ceremony and noted that Caltrain Baby Bullet received the Grand Award, and 2) Noted that VTA’s Committee for Transit Accessibility (CTA) Member Barbara Rhodes was honored with the Doris W. Kahn Accessible Transportation Award. 

  
30.

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. Downtown East Valley PAB

Heard a report regarding the Downtown East Valley PAB at its meeting on Thursday, September 30, 2004: 1) Received status reports for both the
Santa Clara/Alum Rock Corridor and Capitol Expressway Light Rail projects,
2) The Santa Clara/Alum Rock Corridor Draft Environmental Impact Statement/Draft Environmental Impact Report was sent to the Federal Transit Administration in July 2004 and is expected to be released for public review in October 2004, 3) VTA is preparing a Citizen’s Guide that will present a side-by-side comparison of the two alternatives being studied, Enhanced Bus and Single Car Light Rail and the environmental impacts of each alternative, 4) Received a report on Preliminary Engineering for the Capitol Expressway Light Rail Project.   A consultant contract is being negotiated for Preliminary Engineering from the Alum Rock Station to the future Nieman Boulevard Station, and 5) The next PAB meeting is scheduled for Thursday, November 4, 2004.

D. Highway PAB – South

There was no report from the Highway PAB – South.

  
31.

REPORT FROM THE CHAIRPERSON

Appointed Board Members Williams, Dixon and Chairperson Gage as the Nominating Committee for the election of Chairperson and Vice-Chairperson for the 2005 Board of Directors. 

Requested that letters of interest be forwarded to the Office of the Board Secretary by October 25, 2004.   Announced the date of the next VTA Board of Directors Workshop Meeting scheduled for Friday, November 5, 2004.

Submitted a letter nominating Board Member Chavez as Vice Chairperson for the
2005 Board of Directors.

  
32.

REPORT FROM THE GENERAL MANAGER

Heard a report highlighting: 1) Transit Cooperative Research Program, which selects 12 individuals from public and private transportation organization to travel to foreign lands to conduct a two week study in various transportation systems and that
Matthew O. Tucker, Chief Operating Officer, was selected to attend the study program, 2) ridership has increased throughout the system.

Requested a written copy of the ridership performance report to be provided to the Board Members.

  
33.

ANNOUNCEMENTS         

There were no Announcements.

  
34.

ADJOURNED at 6:52 p.m.

  
  
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