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Board Minutes


BOARD OF DIRECTORS MEETING

Thursday, November 4, 2004

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

Summary Minutes

1.

CALLED TO ORDER at 5:36 p.m.

  
2.

ROLL CALL

Board Members Present: Casas, Chavez, Chu, Gage, McHugh, McLemore, Pirzynski, Williams

Board Members Absent  Beall (Ex-Officio), Cortese, Dando, Dixon, Gonzales

Alternate Board Members Present: Kennedy, Sandoval, Yeager

Alternate Board Members Absent: Alvarado, Kerr

*   Alternates do not serve unless participating as a Member.

                A quorum was present.

  
3.

ADJOURNED TO CLOSED SESSION at 5:38 p.m.

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

Employee Organizations:

Amalgamated Transit Union (ATU) Local 265

VTA Designated Representatives:

Kaye L. Evelth, Chief Administrative Officer
Matthew O. Tucker, Chief Operating Officer
Robert Escobar, Manager, Office of Employee

B. Pending Litigation – Conference with Legal Counsel
[Government Code Section 54956.9(a)]

Name of Case:   CEMA v. VTA, etc; VTA v. Rea (Acting Director of State of California Department of Industrial Relations) etc; CEMA v. AFSCME
(Santa Clara County Superior Court Case No.   1-03 CV 006 149)

C. RelationsConference with Real Property Negotiator
[Government Code Section 54956.8]

Property:   Approximately 47 acres, at Newhall Yard in the Cities of San Jose and  Santa Clara between Newhall Street and Brokaw Road

Negotiator for VTA:   Jack Collins, Chief Construction Officer
Negotiators for Union Pacific Railroad:   Rick Gooch, Director of Special Properties; Jerry Wilmoth, General Manager, Network Infrastructure.

Under negotiation:   Price, terms of payment and consideration for purchase of Newhall Yard, including track improvements and fees for increased Caltrain service to Gilroy.

D.        Public Employee Performance Evaluation
[Government Code Section 54957]

Title:             General Manager
Title:             General Counsel

RECONVENED TO OPEN SESSION at 6:10 p.m.
  
4.

CLOSED SESSION REPORT

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

Employee Organizations:

Amalgamated Transit Union (ATU) Local 265

VTA Designated Representatives:

Kaye L. Evelth, Chief Administrative Officer
Matthew O. Tucker, Chief Operating Officer
Robert Escobar, Manager, Office of Employee

Approved the following conditions of settlement in connection with VTA-ATU Pension Board deadlock arbitration of application over Pension Fund Incorrect Payments Policy:   Authorize current service retirees who reinstate to re-retire under current pension plan terms, subject to limitations set forth in the proposed settlement agreement.

B.  Pending Litigation – Conference with Legal Counsel
[Government Code Section 54956.9(a)]

Name of Case:  CEMA v. VTA, etc; VTA v. Rea (Acting Director of State of California
Department of Industrial Relations) etc; CEMA v. AFSCME

(Santa Clara County Superior Court Case No.   1-03 CV 006 149)

There was no reportable action taken during Closed Session.

C.       RelationsConference with Real Property Negotiator
[Government Code Section 54956.8] 

Property:   Approximately 47 acres, at Newhall Yard in the Cities of San Jose and Santa Clara between Newhall Street and Brokaw Road

Negotiator for VTA:   Jack Collins, Chief Construction Officer
Negotiators for Union Pacific Railroad:   Rick Gooch, Director of Special Properties; Jerry Wilmoth, General Manager, Network Infrastructure.

Under negotiation:   Price, terms of payment and consideration for purchase of Newhall Yard, including track improvements and fees for increased Caltrain service to Gilroy.

There was no reportable action taken during Closed Session.

D.  Public Employee Performance Evaluation
[Government Code Section 54957]

Title:             General Manager
Title:             General Counsel

There was no reportable action taken during Closed Session.

  
5.

ORDERS OF THE DAY

Added Agenda Item 6.X., Recognize John Bradley Manfull, Bus Maintenance Foreperson for 35 years of service.

Removed from Consent Agenda and deferred to the December 9, 2004 Regular Board Meeting, Agenda Item # 11., Authorize the General Manager to execute a $93,000 one-year option for the contract with Driver Alliant Insurance Services, Incorporated (formerly Robert F. Driver Company, Incorporated), to continue to provide insurance brokerage and loss control service for VTA operations.  Including this option, the total contract will be $357,555.

Accepted Orders of the Day.

  
6. AWARDS AND COMMENDATIONS

Employees of the Month for November 2004

Presented awards to Elinor Yokoi, Construction Division, River Oaks Administration; Kevin Connell, North Division Operations; and Orlando Chavez, Cerone Maintenance, as our Employees of the Month for November.

  
6.X..

Approved Resolution No. 04.11.21 to John Bradley Manfull, Bus Maintenance Foreperson for 35 years of service.

  
7. PUBLIC PRESENTATIONS

Gary Bertuccelli, Interested Citizen, Mental Health Case Manager, distributed a document entitled San Jose State University College of Social Work Master’s in Social Work Community Project Term and expressed concern regarding the certification process for Outreach/Paratransit.

Jerry Grace, Interested Citizen, requested VTA always consider the disabled and youths.

James Wightman, Interested Citizen, expressed concern regarding the safety of the wheelchair lifts on the light rail line.

Eugene Lysyy, Interested Citizen, advised the Board of Directors of various ways to save VTA money without having to cut back on service.

  
8. Policy Advisory Committee (PAC) Chairpersons Report

Dolly Sandoval, PAC Chairperson reported that on October 2004 Board Agenda, under the Chairperson’s Report, an item relating to PAC By-laws was deferred.   Ms. Sandoval requested that discussion be deferred to the January 6, 2005 Board Meeting to allow the PAC opportunity to refine their by-laws.  Staff responded that it would be possible to defer discussion until the January 6, 2005 Board Meeting.

Chairperson Sandoval noted that PAC received an overview of the VTA Transit Operating and Capital Scenarios and Capital Program Expenditure Sequencing and the two items will be place on the PAC December meeting agenda.

Chairperson Sandoval reported that the city responses to the Grand Jury Report and Recommendations and that a motion was made and passed, 5-4, to support the  Grand Jury Report and Recommendations.  They ayes were:  Cities of Los Altos,  Monte Sereno, Mountain View, Palo Alto, and Saratoga. The nays were:  Cities of Campbell, Santa Clara County, Cupertino, and Los Gatos

Commended Chairperson Sandoval for her leadership of PAC as Chairperson, expressed concern that seven cities were not represented in the vote regarding the Grand Jury Report, expressed concern regarding the representation made in newspaper article regarding BART, stated that in early 2005 the Ad-Hoc Restructuring Committee will review how effective the PAC is, stressed the importance that whatever issues come from the PAC are representative of the positions taken by the cities. Cautioned Chairperson Sandoval about not having all members present to vote on an item and reiterated that the Members role is to represent their cities’ position.

Chairperson Sandoval stated that Members left early before the final vote because they had other commitments.

Complimented Chairperson Sandoval on the work done with the PAC and concurred that it is important that Members are reflecting actions of cities they represent.

Entered into the record a letter dated November 4, 2004, from Mayor Gonzales to Chairperson Sandoval, clarifying City of San Jose’s contribution to sales taxes in Santa Clara County.

Thanked Chairperson Sandoval for the job she is doing and queried about PAC’s voting policy and quorum stipulation.

Complimented Chairperson Sandoval for invigorating PAC and for instilling Members to attend the meetings. 

Stated appreciation for PAC’s role and clarified that PAC Members are not controlled by the Board of Directors in terms of who they are, the cities do; stated that silencing dissent does not lead itself to a democratic process, and referenced Mayor Gonzales’ letter to Chairperson Sandoval.

Expressed concern regarding silencing dissent and clarified comments regarding representatives on bodies, their votes and who they are representing, and stated Mayor Gonzales’ letter was “verifiable”. 

Chairperson Sandoval concluded there are a lot of opinions from the PAC in varying degrees in support and lack of support of in every item discussed, good information comes from those meetings, and requested Board Members ask their cities that appointed member representatives be advised that it is a two-hour meeting and attendance is expected, and that they come well prepared.

Clarified that the Board of Directors are commending Chairperson Sandoval for her leadership and agreed Board Members should talk to their respective mayors regarding appointments to PAC and what is expected of PAC Members.

  

CONSENT AGENDA

Removed from Consent Agenda and placed on Regular Agenda:  Agenda Item # 16., Authorize the General Manager to extend the contract with Bright Horizons Children’s Centers, Inc., for five years to continue the operation of the Tamien Child Care Center at no cost to VTA.      

  
9.

Approved the Minutes of the Regular Board of Directors’ Meeting of October 1, 2004.

  
10.

Approved the Minutes of the Regular Board of Directors’ Meeting of October 7, 2004.

  
  
 

ADMINISTRATION AND FINANCE COMMITTEE

11.

(Deferred to the December 9, 2004 Board of Directors Meeting.)

Authorize the General Manager to execute a $93,000 one-year option for the contract with Driver Alliant Insurance Services, Incorporated (formerly Robert F. Driver Company, Incorporated), to continue to provide insurance brokerage and loss control service for VTA operations.   Including this option, the total contract will be $357,555.

  
12.

Authorized the General Manager to execute a $94,485, two and one half year extension to the contract with Aon Risk Services of Northern California (Aon) for insurance brokerage, and Owner-Controlled Insurance Program (OCIP) administration associated with the Highway Construction Program.   With the addition of the extension the total contract value will be $979,834.

  
13.

Ratified the appointment of Noel Tebo to the Citizens Advisory Committee (CAC) position representing the City of San Jose. 

  
14.

Ratified appointment of Scott Chan to the Bicycle and Pedestrian Advisory Committee (BPAC) representing the City of Los Altos.

  
15.

Approved the FY 2006 and FY 2007 Biennial Budget Assumptions. 

  
 

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

16.

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

Authorize the General Manager to extend the contract with Bright Horizons Children’s Centers, Inc., for five years to continue the operation of the Tamien Child Care Center at no cost to VTA. 

  
17.

Authorized the General Manager to execute a contract in the amount of $1,113,459 with Robert A. Bothman, the lowest responsible bidder for the Rehabilitation of Palo Alto University Avenue Railroad Depot Project.   This project is 80 percent federally funded.

  
18.

Authorized the General Manager to execute a contract in the amount of $1,198,671 with Stacy and Witbeck, Inc., the sole bidder for the Rail Rehabilitation at First Street and  San Carlos Street.  This construction contract is 50 percent federally funded.

The Agenda was taken out of order.
  
  
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REGULAR AGENDA

  
  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - Don Gage

16.

(Deferred to a future Board of Directors’ meeting.)

Authorize the General Manager to extend the contract with Bright Horizons Children’s Centers, Inc., for five years to continue the operation of the Tamien Child Care Center at no cost to VTA.

Queried if staff has discussed a share in profit with the Bright Horizons and noted it is a very expensive day care.  Requested staff negotiate childcare rates with Bright Horizons and specifically requested some slots for low income families.

Cautioned disrupting the life of 2,500 children that attend the Center and requested staff tread carefully with the families who have entrusted their children to Bright Horizons.

  
19.

Authorized the General Manager to execute a contract with General Networks Corporation for the supply of software licenses and consulting services for implementation of an electronic document management system (EDMS) pilot project in an amount not to exceed $600,000.

Staff noted Member Casas’ concern regarding VTA’s selection process, how firms were evaluated and short listed, what was included in the contract costs, how the return on investment for the product selected was established, and what the evaluation metrics of the pilot project are. 

Stated that it is important for the Board of Directors to have the background information provided.

  
 

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

20. 20. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no Items of Concern and Referral to Administration.

  
21. LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

  
22. 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.

  
23. REPORTS FROM ADVISORY COMMITTEES

A.      Committee for Transit Accessibility (CTA)

                         Accepted as contained in the Agenda Packet.

B.      Citizens Advisory Committee (CAC)

                         There was no report from the Citizens Advisory Committee.

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.

  
24. 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 and filed.

B.  Capitol Corridor JPB

     The Capitol Corridor Joint Powers Board did not meet in October.

C.  Metropolitan Transportation Commission (MTC)

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

  
25. 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

               There was no report from the Highway PAB – South.

  
26. REPORT FROM THE NOMINATING COMMITTEE (Verbal Report)

Provided background information regarding the Chairperson and Vice Chairperson rotation process.

Accepted the Nominating Committee Report recommending the following slate of officers for the 2005 Board of Directors: Chairperson, Joe Pirzynski and Vice Chairperson, Cindy Chavez, for a term of January 1, 2005 through December 31, 2005.

  
27. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON

Elected for the 2005 Board of Directors: Chairperson, Joe Pirzynski for a term of    January 1, 2005 through December 31, 2005.

Elected on a vote of 10 ayes, 0 noes, and 1 abstention, for the 2005 Board of Directors Vice Chairperson, Cindy Chavez, for a term of January 1, 2005 through December 31, 2005.   Board Member Casas opposed.

  
28. REPORT FROM CHAIRPERSON

Noted the April Board of Directors’ meeting will be held Wednesday, March 30, 2005, at 5:30 p.m., moving the October 6, 2005 meeting to September 25, 2005, at 5:30 p.m., and December 1, 2005 meeting commence at 9:00 a.m.

Requested the April 15, 2005 Board Workshop be held April 8, 2005.

Adopted the Year 2005 Board of Directors Meeting Schedule with recommended changes.

  
27. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON (continued)

Mr. Grace congratulated the 2005 Chairperson and Vice Chairperson and queried as to length of time the Chairperson will chair a meeting.

  
29. REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.

  
30. ANNOUNCEMENTS

Announced this would be John McLemore’s, City of Santa Clara, last night as a Member of the VTA Board of Directors.   Noted appreciation of the support received from and communication with the VTA staff.  Thanked the Board of Directors and staff for their hard work.

  
31.

ADJOURNED at 7:13 p.m.

  
  
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