Skip to Main Content Skip to Side Navigation Skip to Top Navigation
Home>About Us>BOD>Board Minutes

Board Minutes


BOARD OF DIRECTORS MEETING

December 9, 2004

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

Summary Minutes

1.

CALLED TO ORDER

The Regular Meeting of the Santa Clara Valley Transportation Authority’s (VTA)Board of Directors was called to order by Chairperson Gage at 9:02 a.m. in the Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, San Jose, California.

  
2.

OATH OF OFFICE

Sandra Weymouth, Board Secretary, administered the Oath of Office to Council Member Bob Livengood, the interim appointment for the City of Milpitas representing Group 4 and Council Member Jamie Matthews the permanent appointment for the City of Santa Clara representing City Group 2.

  
3.

ROLL CALL

Members Present 
Jim Beall, Ex-Officio
David Casas
Cindy Chavez
Dean Chu
David Cortese 
Pat Dando
Don Gage, Chairperson
Ron Gonzales
Bob Livengood
Jamie Matthews
Pete McHugh
John McLemore, Ex-Officio
Joe Pirzynski, Vice Chairperson
Forrest Williams 

Members Absent
None

Alternates Present
Dennis Kennedy, Alternate 
Ken Yeager, Alternate    

Alternates Absent
Blanca Alvarado, Alternate
Breene Kerr, Alternate
Dolly Sandoval, Alternate

* Alternates do not serve unless participating as a Member.

A quorum was present.

Board Member Chavez took her seat at 9:04 a.m.
Board Member Cortese took his seat at 9:05 a.m.

  
4.

ADJOURN TO CLOSED SESSION at 9:06 a.m.

Board Member Dando arrived and entered Closed Session at 9:14 a.m.
Ex-Officio Board Member McLemore took his seat at 9:16 a.m.
Ex-Officio Board Member Beall took his seat at 9:17 a.m.

A.  Existing Litigation - Conference with Legal Counsel
[Government Code Section 54956.9(a)]

Powell v. Santa Clara Valley Transportation Authority
WCAB No SJO 0246672)

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

Name of Case: Estate of Mary Tong (deceased) v. VTA
Santa Clara County Superior Court Case Number CV816714)

C. Conference with Legal Counsel - Anticipated Litigation
Significant exposure to litigation pursuant to
[Government Code Section 54956.9(b)(3) (C)] one potential case. 

Written communication from Morrison & Foerster LLP is available for public inspection pursuant to Section 54957.5 upon request.

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

Title: General Manager
Title:General Counsel

Ex-Officio Board Member McLemore left his seat at 10:40 a.m.
Board Member Livengood left Closed Session at 10:40 a.m.
Board Member Livengood returned to Closed Session at 10:45 a.m.
Ex-Officio Board Member McLemore took his seat at 10:54 a.m.

RECONVENED at 11:03 a.m.

  
5.

CLOSED SESSION REPORT

A.  Existing Litigation - Conference with Legal Counsel
[Government Code Section 54956.9(a)]

Powell v. Santa Clara Valley Transportation Authority
WCAB No SJO 0246672)

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: Estate of Mary Tong (deceased) v. VTA
Santa Clara County Superior Court Case Number CV816714)

There was no reportable action taken during Closed Session.

C. Conference with Legal Counsel - Anticipated Litigation
Significant exposure to litigation pursuant to
[Government Code Section 54956.9(b)(3) (C)] one potential case. 

Written communication from Morrison & Foerster LLP is available for public inspection pursuant to Section 54957.5 upon request.

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.

Kevin Kittila, Interested Citizen, stated that saving the Santa Clara Transportation Agency is more important than bringing BART to San Jose.

Eugene Bradley, VTA Riders Union, stated that VTA as an institution should declare itself as inefficient, incompetent, and incapable of managing a County transit agency.   He noted that according to the Draft Valley Transportation Plan 2030 (VTP 2030) there would be more auto gridlock in 2030 than ever.   He stated his belief that the current Board of Directors is not the independent, flexible, accountable body needed to manage County public transportation.  Mr. Bradley suggested that the Governor of California should be contacted and asked to dismantle the Santa Clara Valley Transportation Authority.

  
6.

ORDERS OF THE DAY

Chairperson Gage noted that Agenda Item #26., Authorize the General Manager to execute a contract with the lowest responsible bidder for construction of the Route 152 Improvements – Project B, Phase 1, a 1996 Measure B Transportation Improvement Program (MBTIP) project, this contract will be awarded conditionally upon receipt of Gilroy Energy Center property rights necessary for project construction.

Chairperson Gage removed from the Regular Agenda and placed on the Consent Agenda, Item #28., Amend Rail, Highway and Program-wide project budgets as detailed in the attached 1996 Measure B Transportation Improvement Program Semi-Annual Report for December 2004.   (Transit Planning and Operations Committee requested placement on the Regular Agenda).  Chairperson Gage reported that the Item went to all three standing committees in November 2004 and the Administration and Finance (AF) Committee recommended Agenda Item #28 for the Consent Agenda, however the Transit Planning and Operations Committee (TPO) requested that the Item go forward on the Regular Agenda. The information TPO requested to be included in this item, relating to sales tax trends, has been addressed in Agenda Item #11., Adopt a preliminary draft of a Long-Term Capital Investment Program Revenue and Expenditure Plan for review and comment by the public and stakeholders over the next three months. After review of public comments a final draft would be presented for Board action on March 3, 2005.  

Chairperson Gage removed and deferred to the February 3, 2005, Regular Board of Directors Meeting, Agenda Item #29., Adopt the Draft Valley Transportation Plan 2030 (VTP 2030) as Santa Clara County’s Long-Range Countywide Transportation Plan. He noted that requests were received from the County Board of Supervisors and the City of Mountain View to defer this Item to the February Board Meeting.   Chairperson Gage  reported that staff contacted the Metropolitan Transportation Commission (MTC) to request an extension.  Chairperson Gage noted that deferral of this Item will afford opportunities to have presentations either to staff, in study sessions or at Council Meetings.  Chairperson Gage reported that the Long-Range Transportation Plan must be adopted at the February 2005 Board Meeting in order to meet VTA’s obligation to MTC. 

Chairperson Gage deferred Agenda Item #7., Awards and Commendations: Presentation of Awards to the December Employees of the month to the January 6, 2005 Regular Board of Directors Meeting.

Accepted Orders of the Day.

  
7.

AWARDS AND COMMENDATIONS

A.  Deferred Employees of the Month for December 2004

Presentation of Awards to for December Employees of the Month to the
January 6, 2005 Board of Directors Meeting.

B.  Recognize Outgoing Board Members

Chairperson Gage recognized and thanked Pat Dando, Trish Dixon, and John McLemore for their service as members of the Board of Directors and their dedication to transportation and VTA.

Chairperson Gage recognized Pat Dando, who is a member of the San Jose City Council and presides as Vice-Mayor, has been a member of the VTA Board of Directors for five years.   Board Member Dando has been involved with a myriad of transportation programs that benefits the people who live and travel our county.  She has served on the National League of Cities Transportation, Infrastructure, and Services Committee for the last 4 years and served as Chair of the committee this last year.  She served on the League of California Cities Transportation Committee for 5 years, and serving as Chair for the last two years.  As a VTA Board member, Pat has served on the South County Policy Advisory Committee, the Ad Hoc Financial Stability Committee, the Administration and Finance Committee, and this year she served on the Congestion Management Programming and Planning Standing Committee.   During her tenure on our Board we have realized the opening of the 85/87 Interchange, Route 101 widening between San Jose and Morgan Hill, Route 880 widening, Route 85/101 South Interchange.   Chairperson Gage thanked outgoing Board Member Dando for her commitment to VTA and to the people we serve.

Alternate Board Member Kennedy left the dais at 11:14 a.m.
Ex-Officio Member Beall took his seat at 11:15 a.m.

Outgoing Board Member Dando stated that it has been a privilege to serve on the VTA Board of Directors.   She noted that while serving as Chairperson of the Transportation Board and the League of California she found that Santa Clara County is held in high esteem for the ability to work together as a region.   She stated that she receives many inquiries from other cities and states asking how Santa Clara County was able to get community support and self-funding for the many incredible transportation improvements over the last decade.  Ms. Dando stated that she believes it is partnerships and noted that the strength of the VTA Board and regional planning is the partnerships that have been developed. She noted that when communities are willing to support the region’s efforts by stepping up and pledging support but with financial support.  She noted that that is quite a statement and there is not other county in the nation that can make this statement.  She stressed the need to protect the relationship with the community, the VTA Board of Directors, and the professionalism of the staff that supports the VTA Board of Directors.  She concluded her remarks noting that it has been her honor and privilege to work with such distinguished colleagues.

Chairperson Gage noted that John McLemore has served the organization in many capacities, most recently as a Member of the Santa Clara City Council, representing the Group 2 Cities.   Outgoing Board Member McLemore will continue his advocacy for VTA as the Cities’ Association’s representative to the Metropolitan Transportation Commission and will therefore be an ex-officio member of the VTA Board.   Chairperson Gage recognized John’s tenure as a member of this Board and for serving on the Dumbarton Rail Policy Committee, the Silicon Valley Rapid Transit Corridor PAB, the Caltrain Board where the last two years he served as Chair and as a member of VTA’s Congestion Management Program and Planning Board Standing Committee.  While a member of the Board representing the City of Santa Clara, we have seen the inauguration of Caltrain Baby Bullet Service and the redevelopment of the Santa Clara Caltrain Station.  Chairperson Gage thanked Ex-Officio Board Member McLemore for his commitment to represent VTA, both locally and regionally.

Ex-Officio Board Member McLemore stated that it has been an honor to serve with the VTA Board of Directors and expressed his pleasure that he is able to serve as an
Ex-Officio member for the next two years. 

Chairperson Gage stated that outgoing Board Member Trish Dixon, who was unable to attend today’s meeting, recently served as Vice-Mayor of the City of Milpitas, representing the Group 4 Cities for two years as an alternate and this last year as a regular Board Member. She has served on the Silicon Valley Rapid Transit Corridor PAB, VTA Policy Advisory Board (PAC), the Ad-Hoc Financial Stability Committee and most recently was a member of the Administration and Finance Standing Committee.   While on our Board we saw the opening on the Great Mall station in Milpitas and the corresponding opening of our very successful Tasman East/Capital Light Rail extension.   Chairperson Gage thanked outgoing Board Member Dixon for her hard work and many contributions.

  
8.

PUBLIC PRESENTATIONS

Zachary Cribari, VTA Riders Union, expressed support of the Grand Jury recommendation to restructure the VTA Board of Directors.

Jerry Grace, Interested Citizen, urged everyone to read the December 9, 2004, San Jose Mercury News article regarding VTA, BART, and Peter M. Cipolla, General Manager, and noted it was a very good report.   He commended John McLemore and Jim Beall for their hard work with MTC.

Rob Means, Interested Citizen, distributed and referred to a book review titled Megaprojects and Risk: An Anatomy of Ambition, and expressed concern that the BART extension to San Jose will come at a high cost. 

Margaret Okuzumi, BayRail Alliance, submitted for the record her Op-Ed article printed in the San Jose Mercury News on Friday, November 19, 2004.

  
9.

Policy Advisory Committee (PAC) Chairperson’s Report

There was no PAC Chairperson’s Report

  
10.

Final Environmental Impact Report Certification and Adoption of the BART Extension Project to Milpitas, San Jose and Santa Clara

Ann Jamison, Congestion Management Program Deputy Director, provided a powerpoint Presentation, brief narrative, background, and overview of the Environmental Impact Report (EIR).   In 1994 the MTC Fremont/South Bay Corridor Report named BART as community preference, ten years later that project is still moving forward.   She provided a brief summary of the milestones achieved on the project.  In subsequent years BART has remained the preferred alternative.  BART was selected as the preferred project in November 2001, and the locally preferred alternative was selected in May 2002.  In February 2003, the Federal Transit Administration (FTA) appropriated New Starts Funding for Preliminary Engineering (PE).  The alternative project was detailed further and the conceptual engineering of that alternative proceeded through December 2003, and the Final EIR was released by VTA in November 2004.

Ms. Jamison reported VTA has facilitated extensive community and public outreach coordination.   Over one hundred fifty formal meetings have been held concerning the project.   Public information for this project was available on the web, in multiple languages, and newsletters.  Summarizing, the project purpose is to: improve public transit services, enhance regional connectivity, alleviate severe traffic congestion, improve regional air quality, improve access to regional activity centers, maximize transit usage and ridership, and to support local economic and land use goals.  The Policy Advisory Board in previous actions has recommended: the 16.3 mile extension of the existing BART System serving Silicon Valley, Fremont, Milpitas, San Jose, and Santa Clara, fully grade separated, 4.8 miles of Subway, 7 stations (plus 1 future), intermodal connections, 6-minute headways, and a new maintenance facility.

Tom Fitzwater, Environmental Planning Manager, directed attention to the powerpoint presentation and provided a brief summary of comments that were received on the Draft EIR.   The Notice of Availability/Public Hearing was sent to over 55,000 individuals.   A sixty-day review period ensued. Four public hearings were held with approximately 700 total individual comments, 90 written, and 33 public hearing speakers.  A 1900 page document was complied addressing the comments on the Draft EIR.  A Compact Disc of the document is available.  Comments were received addressing construction, transportation, cultural resources, environmental justice, financial, land use, noise and vibration, and visual.  He also provided a report on the Environmental Findings, Environmental Justice, Sensitive Locations Requiring Continued Coordination, and Environmental Process. 

Board Member Dando left her seat at 11:40 a.m.

Board Member Gage left his seat at 11:41 a.m.
Board Member Gage took his seat at 11:42 a.m.
Board Member Dando took her seat at 11: 45 a.m.

Upon request for clarification by Chairperson Gage, Mr. Fitzwater responded that a supplemental EIR would only be required if future project changes are identified during the preliminary or value engineering stages that would cause additional environmental impacts.

Board Member Gonzales proposed modifying the recommendation to include both the north and south parking options in the Santa Clara Station description.

Patricia Arenas, Franklin McKinley Education Foundation, expressed support for the expansion of BART to San Jose and urged expediency.

Mr. Grace expressed support for the BART to San Jose project.

Board Member Dando left the meeting at 11:57 a.m.
Board Member Yeager took his seat at 11:57 a.m.

Ryan Leaderman, Piper Rudnick Law Firm, representing the Great Mall, expressed concern that several significant environmental impacts have not been adequately addressed.   He noted that a number of mitigation measures are missing. He stated that VTA has ignored aesthetic and visual impacts and requested enforceable mitigation that addresses the concerns.  He expressed concern regarding the issues of safety, noise, and lane closure due to construction.  

Ex-Officio Board Member McLemore left his seat at 12:08 p.m.

Jim Tucker, San Jose Silicon Valley Chamber of Commerce, on behalf of Jim Cuneen, expressed support for the BART expansion project.   He noted that voters overwhelming approved Measure A and BART to Silicon Valley and noted that subsequent polling continues to exhibit phenomenal support for BART. He urged full build-out of the project.

Board Member Casas asked if the polling mentioned by Mr. Tucker was professionally done and requested a sampling of population questions and outcomes of the entire survey.

Mr. Cribari expressed concern regarding lack of funding for the BART project.   He noted that funding will not be available without a new sales tax.   He stated that for the past consecutive four years VTA has raised fares, reduced service, and laid off employees.  Mr. Cribari urged the Board of Directors to vote no.

Tom Blalock, BART Board of Directors, on behalf of Bob Wasserman incoming Fremont Mayor, expressed support for the project.   He provided a copy of Mayor Wasserman’s Talking Points for the record.

Board Member Gonzales left his seat at 12:09 p.m.

Mr. Kittila encouraged the Board of Directors to vote against the EIR.   He noted that the funds that will be spent on BART could be better used to improve the current Bus and Light Rail Transit System. 

Board Member Gonzales took seat at 12:11 p.m.

Mr. Means noted the benefits of Personal Rapid Transit (PRT) Cabs, specifically that they would be less costly and maximize transit usage and ridership.

Don Crode noted a Caltrain type service would be a viable second option to BART.  It would use existing track shared with other services.   He noted that the voters 70 percent vote for the 2000 Measure A could be interpreted as support for a heavy rail connection.   

Board Member Casas advised that East Bay to the Peninsula connecting on a rail basis is being investigated (Dumbarton Rail Alliance) with a potential stop at the Santa Clara Station.

Chuck Coch, Santa Clara Kaiser Permanente, noted that the vast number of Kaiser employees and members as well as the community will benefit from the BART expansion.   Mr. Coch urged Board of Directors support to keep the BART project moving forward.

Lucy Lofrumento, Silicon Valley Law Group, representing Federal Express Corporation, referred to a letter dated December 7, 2004, from Jeffery S. Lawson of the Silicon Valley Law Group outlining Federal Express Corporation’s concerns regarding the EIR.   She commended the Board of Directors’ motion to include the north and south parking options in the Santa Clara Station description.   She noted this addition to the motion will provide the opportunity over the next several weeks to work with staff to fashion a legal arrangement that will enable both options to be considered while preserving and protecting Federal Express Corporation’s rights to challenge the EIR if ultimately the preferred south parking option is not selected.

Board Member Chavez left her seat at 12:19 p.m.

John George, Regional Manager of Industrial Real Estate for the Federal Express Corporation, acknowledged the significant amount of time spent exploring BART to Silicon Valley and commended VTA for their dedication to this important effort.   He requested VTA continue developing alternatives for the Santa Clara Station that avoid total condemnation of Federal Express Corporation’s Brokaw facility. He urged continued study on both the north and south parking options for the Santa Clara Station.

Board Members Chavez and McLemore took their seats at 12:21p.m.
Board Member Livengood left his seat at 12: 21p.m.

Ross Signorino, Interested Citizen, wished all a happy holiday and suggested that wherever BART ends it be connected to the existing light rail system in order to avoid the need to build an expensive tunnel.   He urged light rail rather than a people mover be considered. 

Ms. Okuzumi, expressed opposition regarding approval of the EIR.

Laura Stuchinsky, Silicon Valley Manufacturing Group, urged adoption of the EIR, and urged the Board of Directors to stay focused and not delay the BART project. 

Board Member McHugh left his seat at 12: 25 p.m.

Jennifer Paedon, Moffett Park Business and Transportation Association, a coalition of employers in Sunnyvale working to promote commute options to their 16,000 employees to help reduce traffic congestion and improve air quality, and urged the Board of Directors to approve the EIR and complete BART in its entirety.      

Bob Browstein, Interested Citizen, expressed support for the BART project and urged support from the Board or Directors.

Board Member Chu left his seat at 12:31 p.m.

Lowell Grattan, Sierra Club, expressed opposition regarding approval of the EIR.

Greg Perry, City of Mountain View and VTA Policy Advisory Committee Member, stated that the money is not available to move forward with the project.  

Chris Lepe, Transportation and Land Use Coalition, expressed concern regarding the lack of sufficient funds and urged caution regarding approval of the EIR and proceeding with the BART extension to San Jose.

Ex-Officio Board Member McLemore took his seat at 12:40 p.m.
Board Member Chu took his seat at 12:40 p.m. 

Board Member Casas, requested for the record, clarification that certification of the EIR did not mean that a lesser project could be built.   Ms. Jamison responded in the affirmative.

M/S/C (Gonzales/Chavez) on a vote of 11 ayes to 1 nay to 0 abstentions to approve the Silicon Valley Rapid Transit Corridor Bay Area Rapid Transit (BART) Extension Project through the following actions as amended to include both north and south parking options in the Santa Clara Station description.  Board Member Casas voted nay.

1) Certify that the Final Environmental Impact Report (EIR):

a. meets the requirements of California Environmental Quality Act (CEQA);
b. represents the independent judgment of the Lead Agency; and
c. was presented to the Board of Directors and that they reviewed and considered it.

2) Adopt:

a. Findings;
b. Facts in Support of Findings; and
c. Statement of Overriding Considerations.

3) Adopt a Mitigation Monitoring and Reporting Plan.

4) Adopt the Recommended Project Description and Approve the BART Extension to Milpitas, San Jose, and Santa Clara Project.

  
11.

Preliminary Draft-VTA Long Term Capital Investment Program (CIP)

Jack J. Collins, Chief Construction Officer, reported that the primary objective in seeking adoption of the Preliminary Draft VTA Long Term Capital Investment Program is to allow staff to complete a document that reflects the Board of Directors direction on 2000 Measure A project delivery for distribution to interested stakeholders and the public for review and comment.   The plan as presented at previous Board of Directors Workshops assumes a new �-cent sales tax is necessary to complete all 2000 Measure A projects and provide a long term sustainable operation revenue for VTA.  He reported that affirmative action by the Board of Directors on the recommendation does not endorse or authorize placing a new �-cent sales tax on the November 2006 Ballot.  He reported that the plan: 1) maps out a strategy and timeline for completing all 2000 Measure A Projects, 2) uses current sales tax projections from the Center for Continuing Study of the California Economy using the mid-point between moderate and conservative projections (which equates to $5 billion in Measure A revenue in 2004 dollars or $9.9 billion in escalated dollars), 3) recommends annual updates to sales tax revenue projections and quarterly trend reports to the Board of Directors that compare actuals to forecast revenues, 4) provides the financial capacity to pay the BART operating subsidy beginning in 2016, 5) provides capital capacity to maintain a 15 percent operating reserve beginning in FY 2008, 6) provides financial capacity to increase service beginning in 2008, 7) recommends advancing VTA contribution to Caltrain electrification to be consistent with the Caltrain Short Range Transit Plan implementation for electrification between 2014 and 2018, 8) recommends deferring implementation of new light rail projects and redefining the Zero Emission Bus budget, and 10) provides a positive ending balance of  $2 billion over the 30-year program which equates to approximately a 10 percent level of contingency.  Mr. Collins reported that subject to Board of Directors approval staff will prepare and distribute a more detailed draft plan for public review by the end of December then conduct a Board of Directors Workshop on January 21, 2005, to review public comments and input, prepare a final plan for review and comment in February 2005, and seek Board of Directors Approval of a final draft plan in March 2005.

Board Member Cortese left his seat at 12: 46 p.m.
Alternate Board Member Yeager left his seat at 12:48 p.m.
Board Member Chu left his seat at 12:48 p.m.
Board Member Chu took his seat at 12:49 p.m.

Ms. Stuchinsky expressed support of the preliminary draft of a Long-Term Capital Investment Program Revenue and Expenditure Plan for review and comment by the public and stakeholders over the next three months.

John D. Carpenter, Silicon Valley Bicycle Coalition, requested that a Pedestrian/Bicycle Bridge at the Santa Clara Station be added to the EIR.

Ms. Okuzumi, expressed concern that a new permanent ⅜-cent sales tax will not go through.   She urged the Board of Directors to adopt the staff recommendation Attachment A, Scenario 3: Optimum Schedule and a new ⅜-cent sales tax to VTA, 200 Measure A Revenue and expenditure Project Profile /2003-2036, Caltrain Electrification Moved Forward.

Board Member’s Casas and Yeager took their seats at 12:54 p.m.

M/S/C (Gonzales/Chavez) to adopt the Preliminary Draft of a Long-Term Capital Investment Program Revenue and Expenditure Plan for review and comment by the public and stakeholders over the next three months. After review of public comments a final draft would be presented for Board action on March 3, 2005.

  

CONSENT AGENDA

12.

Minutes of the Regular Board of Directors’ Meeting of November 4, 2004

M/S/C (McHugh/Chavez) to approve the Minutes of the Regular Board of Directors’ Meeting of November 4, 2004.

  
13.

Minutes of the Board Workshop Meeting of November 5, 2004

M/S/C (McHugh/Chavez) to approve the Minutes of the Board Workshop Meeting of November 5, 2004.

  
 

ADMINISTRATION AND FINANCE COMMITTEE

14.

Citizens Advisory Committee Appointment

M/S/C (McHugh/Chavez) to approve the appointment of Ellen “Sally” Probst to the Citizens Advisory Committee (CAC) position representing Seniors.

 

  
15.

Appointments/Re-appointments to the Committee for Transit Accessibility (CTA)

M/S/C (McHugh/Chavez) to approve the appointments of Diana Nguyen and Community Options; and further, approve the re-appointments of David Grant,
Marjorie Jensen, David Julian, Aaron Morrow, Barbara Rhodes, and Thomas Slack to the Committee for Transit Accessibility (CTA) for a two-year term. 

  
16.

Amendment of Technical Advisory Committee and Citizens Advisory Committee Bylaws; and Amendment of VTA Administrative Code

M/S/C (McHugh/Chavez) to adopt Resolution No. 04.12.22 amending the Technical Advisory Committee and Citizens Advisory Committee bylaws, as indicated; and the VTA Administrative Code, as indicated, to permit the specified modifications to the Technical Advisory Committee and Citizens Advisory Committee bylaws.

  
17.

One-Year Extension for the Operations Insurance Broker Contract

M/S/C (McHugh/Chavez) to authorize the General Manager to execute a $93,000 one-year extension 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 extension, the total contract value will be $357,555. 

  
18.

Cooperative Parking Agreement with the Peninsula Corridor Joint Powers Board and the San Jose Arena Management for the San Jose Diridon Station Parking Lot

M/S/C (McHugh/Chavez) to authorize the General Manager to execute a Cooperative Parking Agreement with the Peninsula Corridor Joint Powers Board (PCJPB) and San Jose Arena Management (SJAM) for HP Pavilion event parking use for a term of two years with a provision to extend the Agreement for two additional one-year terms subject to the General Manager’s approval.

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

19.

Authorize the use of $6,700,000 in Local Program Reserve Funds for 1996 Measure B Transportation Improvement Program landscaping projects.

M/S/C (McHugh/Chavez) to authorize the use of $6,700,00 in Local Reserve (LPR) funds for landscaping on the Interstate 880 Widening, State Route 85/U.S. 101 (North) Interchange, and the State Route 87 HOV Projects.

  
20.

Bicycle Expenditure Program; Proposed Policy Changes

M/S/C (McHugh/Chavez) to approve the proposed policy changes for the Bicycle Expenditure Program.

  
21.

2004 Tier 1 Bicycle Projects Biennial Review 

M/S/C (McHugh/Chavez) to approve the adoption of the revised Tier 1 Bicycle Projects and Schedules.

  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

22.

Vasona Light Rail Project Completion Contract

M/S/C (McHugh/Chavez) to authorize the General Manager to execute a contract with George Bianchi Construction, Inc., the lowest responsible bidder, in the amount of $898,176 for construction of the Vasona Light Rail Project Completion Contract improvements.   Additionally, authorize a 25 percent allowance for change order growth, for a total not-to-exceed value of $1,122,720. 

  
23.

Community Oriented Design Enhancements (CODE) Project for the Santa Clara Caltrain Transit Center

M/S/C (McHugh/Chavez) to approve artist Dayton Claudio’s revised concept proposal for his entry markers CODE project for the Santa Clara Caltrain Transit Center. 

  
24.

Community Oriented Design Enhancements (CODE) Project for he San Jose Diridon Station on the Vasona Light Rail Project

M/S/C (McHugh/Chavez) to approve artist Diana Pumpelly Bates’ concept proposal for a shelter canopy glass CODE project on the Vasona Light Rail Project.  

  
25.

Vasona Light Rail Project Diridon Water Tower Reinstallation

M/S/C (McHugh/Chavez) to authorize the General Manager to execute a contract with Anderson Pacific Engineering Construction, Inc., the lowest responsible bidder, in an amount of $599,300 for construction of the Vasona Light Rail Project Diridon Water Tower Reinstallation.   This contract is 64 percent federally funded.

  
28.

1996 Measure B Program Transportation Improvement Program (MBTIP) Executive Summary of the Semi-Annual Report for December 2004

M/S/C (McHugh/Chavez) to amend Rail, Highway and Program-wide project budgets as detailed in the attached 1996 Measure B Transportation Improvement Program Semi-Annual Report for December 2004.  (Transit Planning and Operations Committee requested placement on the Regular Agenda)

  
  
 Go to Top
  
  

REGULAR AGENDA

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - Jane P. Kennedy

26.

1996 Measure B Transportation Improvement Program – Route 152 Improvements – Project B, Phase, Construction contract Award

M/S/C (Gonzales/Chavez) to authorize the General Manager to execute a contract with the lowest responsible bidder for construction of the Route 152 Improvements – Project B, Phase 1, a 1996 Measure B Transportation Improvement Program (MBTIP) project. 

  
27.

VTA Tariff Amendment

M/S/C (Williams/Gonzales) to adopt Resolution No. 14.12.23 amending the current tariff relating to fare credit for transfers from Caltrain to VTA service. 

  
28.

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

Amend Rail, Highway and Program-wide project budgets as detailed in the attached
1996 Measure B Transportation Improvement Program Semi-Annual Report for December 2004.   (Transit Planning and Operations Committee request placement on the Regular Agenda.)

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - Judy Nadler

29.

(Deferred to the February 3, 2005 Board of Directors Meeting.)

Adopt the Draft Valley Transportation Plan 2030 (VTP 2030) as Santa Clara County’s long-range countrywide transportation plan. 

  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE CHAIRPERSON'S REPORT - Manuel Valerio

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

  
  
 Go to Top
  
  

OTHER ITEMS

30.

ITEMS OF CONCERN AND REFERRal TO ADMINISTRATION

Board Member Gonzales expressed concern regarding: 1) information being properly posted on the agenda, and 2) potential allocation of staff time.

M/S/C (McHugh/Gage) on a vote of 11 ayes to 1 nay to 0 abstentions to request that staff return to the Board of Directors with an estimate of staff time allocation needed to prepare at the direction of the Santa Clara County Board of Supervisors reports that: 1) provide a cash flow scenario for phasing BART to Santa Clara up to the point where BART goes underground, 2) provide options to the draft long-term capital investment program revenue and expenditure plan that ensure greater regional equity during the delivery of the 2000 Measure A projects 3) present a plan that addresses the long-term mobility needs of the elderly and the disabled, and 4) present a plan that addresses the affordability of transit for clients who rely on County services. Board Member McHugh further requested that the first report back be the cash flow scenario for phasing BART to Santa Clara.   Board Member Williams voted nay.

Board Member Chavez requested that the work plan include information regarding what the real cost would be if the long-term capital investment program and revenue expenditure plan were delayed over a period of time.   Board Member Chavez further requested that implications of land use decisions that are being made now and in the future be included in the work plan.

  
31.

LEGISLATIVE REPORT

On order of Chairperson Gage, there being no objection, the Legislative Report was accepted as contained in the Agenda Packet.

  
32.

SUMMARY MINUTES FROM STANDING COMMITTEES

A.  Administration and Finance Committee

On order of Chairperson Gage, there being no objection, the Administration and Finance Committee Report was accepted as contained in the Agenda Packet.

B. Congestion Management Program and Planning Committee

On order of Chairperson Gage, there being no objection, the Congestion Management Program and Planning Committee Report was accepted as contained in the Agenda Packet.

C. Transit Planning and Operations Committee

On order of Chairperson Gage, there being no objection, the Transit Planning and Operations Committee Report was accepted as contained in the Agenda Packet.

  
33.

REPORTS FROM ADVISORY COMMITTEES

A. Committee for Transit Accessibility (CTA)

On order of Chairperson Gage, there being no objection, the Committee for Transit Accessibility (CTA) Report was accepted as contained in the Agenda Packet.

B. Citizens Advisory Committee (CAC)

On order of Chairperson Gage, there being no objection, the Citizens Advisory Committee (CAC) Report was accepted as contained in the Agenda Packet.

C. Bicycle & Pedestrian Advisory Committee (BPAC)

On order of Chairperson Gage, there being no objection, the Bicycle and Pedestrian Advisory Committee (BPAC) Report was accepted as contained in the Agenda Packet.

D. Technical Advisory Committee (TAC)

On order of Chairperson Gage, there being no objection, the Technical Advisory Committee (TAC) Report was accepted as contained in the Agenda Packet.

E.  Policy Advisory Committee (PAC)

On order of Chairperson Gage, there being no objection, the Policy Advisory Committee (PAC) Report was accepted as contained in the Agenda Packet.

  
34.

REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS

Chairperson Gage 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 accepted as contained in the Agenda Packet.

B. Capitol Corridor JPB

On order of Chairperson Gage, there being no objection, the Capital Corridor JPB Report was accepted as contained in the Agenda Packet.

C.  Metropolitan Transportation Commission (MTC)

On order of Chairperson Gage, there being no objection, the Metropolitan Transportation Commission (MTC) Report was accepted as contained in the Agenda Packet.

  
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

On order of Chairperson Gage, there being no objection, the Silicon Valley Rapid Transit Corridor PAB Report was accepted as contained in the Agenda Packet.

C. Downtown/East Valley PAB

On order of Chairperson Gage, there being no objection, the Downtown/East Valley PAB Report was accepted as contained in the Agenda Packet.

D. Highway PAB – South

There was no report from the Highway PAB – South.

  
36.

REPORT FROM THE CHAIRPERSON

Chairperson Gage thanked the public for their patience and wished all a very happy holiday.

  
37.

REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.

  
38.

ANNOUNCEMENTS

There were no announcements.

  
39.

ADJOURNED

On order of Chairperson Gage, there being no objection, the meeting was adjourned at 1:12 p.m.

Respectfully submitted,

Barbara R. Box, Board Assistant
VTA Board of Directors

  
  
 Go to Top