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Board Minutes


BOARD OF DIRECTORS MEETING

Thursday, January 6, 2005

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 Pirzynski at 5:31 p.m. in the Board of Supervisors’ Chambers, County Government Center, 70 West Hedding  Street, San Jose, California.

  
2. ROLL CALL

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

Members Absent
Ron Gonzales

Alternates Present
Dennis Kennedy, Alternate
Dolly Sandoval, Alternate
Ken Yeager, Alternate

Alternates Absent
Blanca Alvarado, Alternate
Breene Kerr, Alternate

* Alternates do not serve unless participating as a Member.

A quorum was present.
  
3.

OATHS OF OFFICE

There were no Oaths of Office to Administer.

  
4.

CLOSED SESSION at 5:32 p.m.

Board Member McHugh arrived at the meeting and entered Closed Session at 5:33 p.m.

A.   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.

B.   Conference with Labor Negotiators

[Government Code Section 54957.6]

Employee Organizations:

Amalgamated Transit Union (ATU) Local 265

VTA Designated Representatives:

Kaye L. Evleth, Chief Administrative Officer

C.   Public Employee Performance Evaluation

[Government Code Section 54957]

Title:  General Manager

4. X.   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 Public Interest Law Firm LLP is available for public inspection pursuant to Section 54957.5 upon request.

Ex-Officio Board Member Beall left the meeting at 6:16 p.m.

RECONVENED TO OPEN SESSION at 7:08 p.m.
  
5.

CLOSED SESSION REPORT

A.  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.

B.   Conference with Labor Negotiators

[Government Code Section 54957.6]

Employee Organizations:

Amalgamated Transit Union (ATU) Local 265

VTA Designated Representatives:

Kaye L. Evleth, Chief Administrative Officer

M/S/C (McHugh/Matthews) to approve revisions to the VTA/ATU Pension Plan document and the Collective Bargaining Agreement (CBA) between the Amalgamated Transit Union (ATU), Local 265 and Santa Clara Valley Transportation Authority (VTA), to include the time and salary received for service with the ATU International Organization while on leave from a VTA position in pension calculations.

Suzanne B. Gifford, Legal Counsel, read the item for inclusion in the meeting record and reported that the item was unanimously approved in Closed Session.

C.  Public Employee Performance Evaluation

[Government Code Section 54957]

Title:  General Manager

There was no reportable action taken during Closed Session.

4. X.   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 Public Interest Law Firm LLP is available for public inspection pursuant to Section 54957.5 upon request.

There was no reportable action taken during Closed Session.

NOTE:    M/S/C MEANS MOTION SECONDED AND CARRIED AND, UNLESS OTHERWISE INDICATED, THE MOTION PASSED UNANIMOUSLY.

  
6.

ORDERS OF THE DAY

Chairperson Pirzynski noted that the Board of Directors Meeting is dedicated and would adjourn the meeting in memory and honor of the Asian Tsunami and Earthquake Victims.  Chairperson Pirzynski noted that VTA has established a collection fund that will be contributed to the American Red Cross specifically directed to support the victims of the Asian Tsunami Disaster.

Chairperson Pirzynski requested that Agenda Item #8.X., Approve a Transition Employment and Settlement Agreement to replace the current employment agreement between VTA and the General Manager and authorize the Board Chairperson to execute the same on behalf of the Board be added to the Agenda.

Chairperson Pirzynski noted staff’s request that Agenda Item #22., Approve the prioritized list of projects to be submitted to the Metropolitan Transportation Commission (MTC) for the Regional Bicycle/Pedestrian Program be removed from Other Items and placed on the Consent Agenda.          

Chairperson Pirzynski noted that Agenda Item #22., Approve the prioritized list of projects to be submitted to the Metropolitan Transportation Commission (MTC) for the Regional Bicycle/Pedestrian Program would remain on Other Items.            

M/S/C (McHugh/Matthews) to accept the Orders of the Day.

  
7. AWARDS AND COMMENDATIONS

A.  Employees of the Month for December 2004

Chairperson Pirzynski presented award to Joseph Pfeiffer, Transit Division Supervisor as Supervisor of the Quarter for December 2004.   Bonnie Cosio Gonzalez, Mehran “Ron” Adl, and Patrick Armstrong were unable to attend.

Chairperson Pirzynski congratulated VTA Employees of the Month for December 2004 and Supervisor of the Quarter for December 2004.

B.  Employees of the Month for January 2005

Chairperson Pirzynski presented awards to Dean Palmquist, Guadalupe Division Technical Training, Administration; and Anthony Martinez, Cerone Division Operations; as Employees of the Month for January 2005. Eugenia Turner was unable to attend.

Chairperson Pirzynski congratulated VTA Employees of the Month for January 2005.

Chairperson Pirzynski expressed his appreciation and noted the dedication of the employees and should be regarded as fine models in the VTA organization.

C.  Recognize 2004 Board Chairperson Donald F. Gage

Chairperson Pirzynski recognized 2004 VTA Board Chairperson Donald F. Gage. Chairperson Pirzynski commented that Former Chairperson Gage guided VTA as the Board Chairperson for 2004 and noted his service as a Member of the VTA Board of Directors since 2001.   Former Chairperson Gage has served on the following committees:   Administration and Finance Committee, various Policy Advisory Boards, and VTA’s representative on the Caltrain Joint Powers Board. While Former Chairperson Gage was Vice Chairperson of the VTA Board he served as the Chairperson of the Ad-Hoc Financial Stability Committee and provided leadership in the direction, development, and Board adoption of 19 recommendations to improve VTA efficiencies.  Chairperson Pirzynski added that many of the recommendations have been realized. 

Former Chairperson Gage presided over the opening of two major Highway Congestion Relief Programs:   Route 152 Improvements - Phase A2 in Gilroy, and Route 85/U.S. 101 South Interchange in South San Jose. Former Chairperson Gage presided over the opening of the Tasman East/Capitol Light Rail Extension, which was delivered on time and $14 million under budget. The Tasman East/Capitol Light Rail Extension of 6.3 miles expands VTA’s system from I-880 in Milpitas to Alum Rock in San Jose. 

Chairperson Pirzynski thanked Former Chairperson Gage for his determined leadership that has continued enhancements to the quality of life and economic health in Santa Clara County and regional communities.   Chairperson Pirzynski expressed great pleasure to serve as the Vice Chairperson for 2004.   Chairperson Pirzynski wished Former Chairperson Gage well as in his service as a Member of the Board of Directors.

Chairperson Pirzynski expressed appreciation to former Chairperson Don Gage.

Former Chairperson Gage thanked and noted appreciation for the opportunity to work with VTA Board of Directors and VTA staff.   Former Chairperson Gage noted appreciation for the diligent work, dedication and support of VTA staff in the organization. Former Chairperson Gage thanked and noted appreciation to everyone for the opportunity to serve on the VTA Board of Directors. 
Board Member Livengood left his seat at 7:20 p.m.
  
8.

COMMENTS FROM CHAIRPERSON JOE PIRZYNSKI

Chairperson Pirzynski expressed his appreciation and trust for being elected as
VTA Board of Director Chairperson for 2005.   Chairperson Pirzynski noted the privilege to follow Former Chairperson Don Gage as Chairperson for 2004.  Chairperson Pirzynski noted through solid leadership VTA’s organization has made great strides toward recovery from the consequences of the economic downturn that have plagued the organization in the recent past.  Chairperson Pirzynski thanked Board of Directors and staff in advance for their support and assistance.  Chairperson Pirzynski noted opportunity to work with new Vice Chairperson Cindy Chavez, new and continuing Board Members, and Policy Advisory Committee Members.  Chairperson Pirzynski expressed his appreciation to work with VTA Employees, as well as the public and community.  Chairperson Pirzynski noted that VTA has a proud history of accomplishments since its creation.  VTA organization has been fortunate to have Board Members who have shared a vision of creating a Regional Transportation System that responds to anticipated, current, and future travel needs.  VTA has a track record of performance and will continue to address the challenges that the organization encounters in the future; however, in spite of the economic climate VTA has accomplished a great deal but there is more that remain to be done.  Chairperson Pirzynski noted the economy is and will continue to be an uncertainty that cannot be controlled; however, VTA can take actions that maximize the organizations chances for success in creating the future transportation system in this County.  Chairperson Pirzynski added in these times VTA needs to focus on our mission and to recommit to providing efficient multi-modal transportation system that travelers in this County demand and deserve.  Chairperson Pirzynski noted that VTA and the Board of Directors recognize and accept fiduciary responsibilities and accountability to the public and the importance of maintaining and regaining the public’s trust. 

Chairperson Pirzynski added that VTA and Board of Directors balance a bold vision with prudence stewardship of the public funds that the voters have entrusted to us to invest on their behalf.  Chairperson Pirzynski pledged best efforts for the opportunity in serving as the 2005 VTA Board of Directors Chairperson.  Chairperson Pirzynski expressed confidence that VTA Board of Directors will rise to meet the challenges in the coming year and requested each Board Member contribute time, energy, and dedication to VTA Board of Directors, VTA organization, and the people of Santa Clara County.  Chairperson Pirzynski thanked everyone for vote of confidence and expressed appreciation for the VTA Board of Directors’ diligent work and dedication.

Board Member Livengood took his seat at 7:25 p.m.

A.  Appoint a Member of the VTA Board of Directors and an alternate to represent VTA on the Governing Body Liaison for the Santa Clara Valley Habitat Conservation Plan and Natural Community Conservation Plan

Chairperson Pirzynski expressed his appreciation to Board Member Williams and Ex-Officio Board Member McLemore for volunteering to represent VTA on the Governing Body Liaison for the Santa Clara Valley Habitat Conservation Plan and Natural Community Conservation Plan.

M/S/C (Gage/McHugh) to appoint Board Member Williams as Member of the VTA Board of Directors and Ex-Officio Board Member McLemore as an alternate to represent VTA on the Governing Body Liaison for the Santa Clara Valley Habitat Conservation Plan and Natural Community Conservation Plan.

B.  Appoint a Member of the VTA Board of Directors to represent VTA on the Dumbarton Policy Committee

Chairperson Pirzynski expressed his appreciation to Board Member Chu for volunteering to represent VTA on the Dumbarton Policy Committee.

M/S/C (McHugh/Matthews) to appoint Board Member Chu as Member of the VTA Board of Directors to represent VTA on the Dumbarton Policy Committee.

8. X.  Transition Employment and Settlement Agreement for General Manager

Board Member Gage requested that the recommendation be approved with a stipulation that a third-party reviews the Employment Settlement Agreement after the review of the Employment Settlement Agreement with VTA Legal Counsel.

Chairperson Pirzynski requested clarification from Legal Counsel regarding
third-party review.  Ms. Gifford responded and noted that counsel drafts the agreement that has been approved by the Board of Directors and added that counsel could have a third-party counsel approve the agreement as to form.

Chairperson Pirzynski noted that the recommendation is to approve the item with the provision that third-party counsel approves as to form.

M/S/C (Gage/McHugh) on a vote of 10 Ayes, to 1 Noes, to 0 Abstentions a Transition Employment and Settlement Agreement to replace the current employment agreement between VTA and the General Manager and authorize the Board Chairperson to execute the same on behalf of the Board with the provision that a third-party counsel review and approve the agreement as to form.

Vice Chairperson Chavez requested that the recommendation include flexibility on the time the General Manager will serve if an interim is available or if the Board of Directors hire an individual prior to the June 2005 timeframe.

Barbara Rhodes, Interested Citizen, expressed her concern regarding the Transition Employment and Settlement Agreement for the General Manager.  Ms. Rhodes noted her concern regarding the issues and problems with Paratransit and Fixed Route Services.

Eugene Bradley, Santa Clara VTA (SCVTA) Riders Union, welcomed VTA Board of Director Chairperson for 2005.  Mr. Bradley expressed his concern regarding the Transition Employment and Settlement Agreement for the General Manager.  Mr. Bradley requested the public be involved in the process to assist with the selection of the new General Manager.  Mr. Bradley noted that internal staff should be first choice to fill the position; however, if unable to fill the position internally then look externally for successor.

Mike Macarelli, VTA employee, expressed concern regarding the Transition Employment and Settlement Agreement for the General Manager.  Mr. Macarelli suggested that the organization utilize Peter M. Cipolla, General Manager, in a reduced role to assist in reviving the organization.  Mr. Macarelli continued that Mr. Cipolla could teach other VTA internal staff to learn the techniques and strategies to fill the position as the new General Manager.

Board Member Williams expressed his concern and noted that he would not support the recommendation regarding the Transition Employment and Settlement Agreement.   Chairperson Pirzynski advised the Board of Directors that comments are limited to the agreement and not to employee performance. 

Board Member McHugh noted his belief that the General Manager is being held responsible for some difficult decisions that the Board made.   Board Member McHugh added that given the challenges the organization has faced the General Manager has done an excellent job of guiding the organization; however, added the proposed motion is in the best interest of VTA and the people of Santa Clara County. 

Board Member Livengood noted his concern regarding Transition Employment and Settlement Agreement amount; however, noted the Board of Directors responsibility and obligation to honor the Employment Agreement. 

Board Member Chu noted his concern regarding the Transition Employment and Settlement Agreement amount of the contract and noted the contract is a public document.   

Chairperson Pirzynski noted his support of the motion and added that the contract amount is appropriate.   Chairperson Pirzynski noted the organization will ultimately gain equity within the community and urged support to move forward with a renewed spirit into those difficult times that we are going to have in the next couple of years. 

M/S/C (Gage/McHugh) on a vote of 10 Ayes, to 1 Noes, to 0 Abstentions to approve a Transition Employment and Settlement Agreement to replace the current employment agreement between VTA and the General Manager and authorize the Board Chairperson to execute the same on behalf of the Board with the provision that a third-party counsel review and approve the agreement as to form and include flexibility regarding the time that the General Manager will serve if an interim is available or if the Board hires an individual prior to the
June 2005 timeframe.  Board Member Williams opposed.

  
9.

PUBLIC PRESENTATIONS

Ms. Rhodes expressed her concern regarding the approval of the Transition Employment and Settlement Agreement for the General Manager.  Ms. Rhodes noted the importance of working on elderly driver education and signage.  Ms. Rhodes noted the importance of making navigation in the community as easy as possible and  requested a response from staff.  Ms. Rhodes volunteered to be involved in making navigation in the community as easy as possible.

Mr. Bradley expressed concern regarding the BART project.  Mr. Bradley noted issues in the Valley Transportation Plan 2030 (VTP 2030) VTA’s long-range transportation plan.  Mr. Bradley noted the lack of accountability in the VTP 2030 plan, specifically the BART to San Jose project and noted typical cost overruns associated with BART projects.  Mr. Bradley stated that the focus should be better public transit and accountability and requested a response from staff regarding the booklet “Money for Nothing” distributed to the Board Members.

  
10.

Policy Advisory Committee (PAC) Chairperson’s Report

Dolly Sandoval, PAC Chairperson, provided report regarding the December 9, 2004 PAC Meeting and noted that the following items were discussed: 1) appointed a Nominating Committee for Chairperson and Vice Chairperson for 2005, 2) approved the amended PAC Bylaws, 3) reviewed the Preliminary Draft VTA Long Term Capital Investment Program and Scenario 3: Optimum Schedule and a New 3/8 Cent Sales Tax to VTA, PAC requested the VTA Board of Directors to reconsider a “worse case/no new sales tax” scenario, 4) accepted the Draft PAC Workplan for inclusion on future PAC Agendas, 5) received a presentation on the status of the Downtown East Valley Transit Improvement Project, and 6) received a presentation on the Joint Development Policy and Developer Selection Process.

  

CONSENT AGENDA

11.

Vice Chairperson Chavez requested that Agenda Item # 13., Adopt a resolution amending the Policy Advisory Committee bylaws, as indicated, with modifications requested by that committee; adopt a resolution amending the Policy Advisory Committee (PAC) bylaws, as indicated, with minor modifications requested by staff; and amend the VTA Administrative Code, as indicated, to permit the specified modifications to the PAC bylaws be removed from the Consent Agenda and placed on the Regular Agenda.

Minutes of the Regular Board of Directors’ Meeting of December 9, 2004

Ex-Officio Board Member McLemore noted a correction to the Minutes of December 9, 2004 VTA Board of Director Regular Meeting and referenced Page 10 of 18, noting that Ex-Officio Board Member McLemore took his seat at 12:40 p.m. and clarified that the Minutes reflect that Board Member McHugh took his seat at 12:40 p.m.

Board Member Livengood noted a correction to the Minutes referencing his attendance and participation at the December 9, 2004 VTA Board of Director Regular Meeting.

M/S/C (Gage/Livengood) to approve the Minutes of the Regular Board of Directors’ Meeting of December 9, 2004, as amended.

  
 

ADMINISTRATION AND FINANCE COMMITTEE

12.

Citizens Advisory Committee Appointment

M/S/C (Gage/Livengood) to ratify the appointment of Luis Mendez to the Citizens Advisory Committee (CAC) position representing Pedestrians.

  
13.

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

Adopt a resolution amending the Policy Advisory Committee bylaws, as indicated, with modifications requested by that committee; adopt a resolution amending the Policy Advisory Committee (PAC) bylaws, as indicated, with minor modifications requested by staff; and amend the VTA Administrative Code, as indicated, to permit the specified modifications to the PAC bylaws. 

  
14.

1996 Measure B Transportation Improvement Program (MBTIP)–Augment
Route 237/880 Interchange Stage C, Phase II Construction Contract Amount

M/S/C (Gage/Livengood) to authorize the General Manager to execute various construction contract change orders with RGW Construction for construction of the Route 237/880 Interchange Stage C, Phase II project for a new contract amount of $27,500,000, an increase of $482,911 over the current level of authority delegated to the General Manager. 

  
15.

Federal Fiscal Year 2005 Federal Transit Administration Grant Applications

M/S/C (Gage/Livengood) to authorize the General Manager to submit federal Fiscal Year (FFY) 2005 grant applications and execute grant agreements with the Federal Transit Administration (FTA) for Section 5307 Urbanized Area Formula and Congestion Mitigation Air Quality (CMAQ) funds; Section 5309 Fixed Guideway, Bus/Bus Facility, and New Rail Starts funds; and Section 3037 Job Access Reverse Commute (JARC) Program Funds. 

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

16.

Community Design and Transportation Program: First Cycle Planning Grants

M/S/C (Gage/Livengood) to approve the programming of $475,000 in Community Design & Transportation (CDT) Program Planning Grants.

  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

17.

Guadalupe Light Rail Corridor T – Signal Retrofit Project

M/S/C (Gage/Livengood) to authorize the General Manager to execute a contract with San Jose Signal Electric Construction, Inc., the lowest responsible bidder, in the amount of $393,695 for furnishing and installing new light emitting diode (LED) LRT signal module assemblies and train approaching symbol signs.  This project is 80 percent federally funded. 

The Agenda was taken out of order.

  
  
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REGULAR AGENDA

  
13.

Amendment of Policy Advisory Committee Bylaws and VTA Administrative Code

Board Member Williams queried about the PAC Bylaws related to the quorum versus the majority of the members of PAC regarding voting. 

Chairperson Pirzynski noted that the item is not agendized for the purpose of requesting changes and requested clarification from Counsel.   Ms. Gifford responded that Board Members should note their requests under Items of Concern and Referral to Administration since this is not one of the changes that are proposed to be made in the PAC Bylaws.

Board Member Williams inquired about referring the PAC Bylaws back to the Committee with comments for the change. 

Chairperson Pirzynski asked what things may be discussed in relationship to this item.   Ms. Gifford responded all of the suggestions and requests that have been made by PAC.   Chairperson Pirzynski noted the items in italics and strikethroughs are the items that the Board of Directors may comment on and added that  comments may be referred back to PAC. 

Board Member Casas queried if Section �5.4 - Quorum; Vote; Committee of the Whole was consistent with the Board of Directors guidelines.   Ms. Gifford responded no.

Chairperson Pirzynski called attention and referenced Page 2 of 3, noting that the bullet points are the ones that were proposed by PAC for revision; however, added that Board Members comments should be forwarded and considered.

Board Member Williams requested that comments that cannot be considered regarding the PAC Bylaws be placed on Items of Concern and Referral to Administration to refer to PAC for consideration.

Vice Chairperson Chavez expressed concern regarding not being able to discuss and comment on the PAC Bylaws.    Ms. Gifford responded that these comments are outside of the recommendation.

Board Member Cortese suggested the Chairperson work with Counsel and the General Manager in the future to ensure that Board Agenda Items are not construed for public notice purposes; therefore, allowing the Board of Directors ability to legislate committee business.

Chairperson Pirzynski requested referral of the PAC Bylaws back to PAC for consideration.

Board Member McHugh left his seat at 8:05 p.m.

Board Member Williams queried about the PAC work plan and if it will be brought to the Board of Directors.   Ms. Sandoval responded that the PAC work plan is part of the PAC Agenda Packet.

Board Member McHugh took his seat at 8:07 p.m.

Board Member Casas queried if the Board of Directors are required to have a majority affirmative of the 12 members to pass an action item.   Ms. Gifford responded yes.

Board Member Casas recommended the Board of Directors evaluate all the Advisory Committee Bylaws to ensure consistency.

Board Member Chu referenced Page 6 of 8, Section �6.1 Agenda Format and Content, noting, “Items may be referred for inclusion on an agenda by: (1) the Board of Directors; (2) the General Manager; (3) the Committee Chairperson; and (4) the Committee, with a quorum present and upon the affirmative vote of a majority of the members present” and noted the item needs to be corrected and amended.

M/S/C (Chavez/McHugh) the Board of Directors referred the PAC Bylaws back to PAC with the comments provided for consideration.

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - Forrest Williams (See Agenda Item # 25.A.)

18.

2005 Federal Legislative Program

M/S/C (Williams/Gage) to approve the 2005 Federal Legislative Program for the Santa Clara Valley Transportation Authority (VTA). 

  
19.

2005 State Legislative Program

Board Member Casas referenced Page 3 of 19, Transportation Funding, Bullet Three, noting, “Support efforts to broaden the sales tax base to include, at a minimum, some professional services to help compensate for the continuing erosion of this financial resource” and noted his concern regarding the increase of sales tax; however, noted discussion with staff to address the concerns.

Board Member Casas referenced Page 3 of 19, Local Transportation Sales Taxes, Bullet One, noting, “Support efforts to address the negative impacts of the California Supreme Court’s Guardino decision and to lower the two-thirds voting requirement for local transportation sales tax measures” and noted discussion with staff regarding VTA would not be sponsoring or going actively after the legislation; however, noted VTA would support the legislation as an interest.

M/S/C (Williams/Gage) to approve the 2005 State Legislative Program for the Santa Clara Valley Transportation Authority (VTA). 

Board Member Cortese noted Route 101 Corridor project as a priority in the VTP 2030 Plan and requested Route 101 Corridor be incorporated in the 2005 Federal Legislative Program since funding will be required for the project. Kurt Evans, Government Affairs Manager, responded yes, at the request of the VTA Board of Directors Route 101 Corridor could be incorporated in the 2005 Federal Legislative Program for federal funding through the Transportation Equity Act for the 21st Century (TEA-21) Reauthorization.  Board Member Casas clarified that the request is for Agenda Item # 18., 2005 Federal Legislative Program.  Chairperson Pirzynski noted the clarification for the meeting record.

  
18.

2005 Federal Legislative Program

M/S/C (Williams/Gage) to approve the 2005 Federal Legislative Program for the Santa Clara Valley Transportation Authority (VTA) and to include Route 101 Corridor project in the 2005 Federal Legislative Program.  

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - Cindy Chavez (See Agenda Item # 25.B.)

20.

Vice Chairperson Chavez noted her appreciation and thanked staff for their diligent work regarding the Joint Development Policy and Developer Selection Process.

Joint Development Policy and Developer Selection Process

M/S/C (Chavez/Gage) to approve the Joint Development Policy and Developer Selection Process.

Board Member Matthews left his seat at 8:15 p.m.

Board Member Matthews took his seat at 8:16 p.m.

Board Member Casas left his seat at 8:16 p.m.

  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE CHAIRPERSON'S REPORT - David Cortese (See Agenda Item # 25.C.)

21.

Board Member Cortese expressed his appreciation and thanked staff for their diligent work regarding project savings on the final contract closeout adjustments on the Capitol Light Rail Project – Civil, Track, and Landscaping Contract. 

Vice Chairperson Chavez left her seat at 8:19 p.m.

Capitol Light Rail Project Amendment to the R&L Brosamer Inc. Construction Contract

Jack J. Collins, Chief Construction Officer, provided a brief overview on the Capitol Light Rail Project.   Mr. Collins commented that the amendment is the final construction contract amendment on the Capitol Light Rail Project and resolves all remaining construction contract issues with the contractors.  Mr. Collins noted the Tasman East Light Rail Project contract closeout with an additional $2 million under budget. Mr. Collins added the Capitol Light Rail Project contract closeout resolves all remaining construction claim issues and results in $2 million in savings.  Mr. Collins noted a $9 million under budget on both projects for a grand total of $18 million in savings, which has been transferred back into the 1996 Measure B Transportation Improvement Program (MBTIP) to fund some deferred Highway Projects. 

Board Member Cortese congratulated staff for their diligent work and successful conclusions on the Tasman East Light Rail Project and Capitol Light Rail Project.

Chairperson Pirzynski expressed his appreciation and congratulated staff for their diligent work on the projects.

Board Member Casas took his seat at 8:21 p.m.

Alternate Board Member Yeager left his seat at 8:21 p.m.

M/S/C (Cortese/Matthews) to authorize the General Manager to amend the R&L Brosamer, Inc., construction contract to accommodate the final contract close-out adjustments on the Capitol Light Rail Project – Civil, Track, and Landscaping Contract in an amount of $440,678 for a new authorized amount of $48,150,000.

Board Member Gage left his seat at 8:22 p.m.

Alternate Board Member Yeager took his seat at 8:24 p.m.

Board Member Gage took his seat at 8:25 p.m.

Vice Chairperson Chavez took her seat at 8:25 p.m.

  
  
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OTHER ITEMS

22.

Regional Bicycle and Pedestrian Program – Project Prioritization

Carolyn M. Gonot, Chief Development Officer, provided a brief overview on the Regional Bicycle and Pedestrian Program – Project Prioritization.  Ms. Gonot commented that the item is to approve a prioritize list of projects to be submitted to the Metropolitan Transportation Commission (MTC) for the Regional Bicycle/Pedestrian Program for VTA.  Ms. Gonot continued that staff recommends submitting the following projects to MTC for competition at the regional level: San Jose - Guadalupe River Trail, Monte Sereno - Highway 9 Corridor Bicycle/Pedestrian Improvements, and Mountain View - Stevens Creek Trail Reach 4 Segment 2.

Citizen Ray, Interested Citizen, expressed his concern regarding the scoring committee rating regarding the three-city application for Highway 9 Corridor Project.  Citizen Ray expressed his disappointment and concern regarding two tragic accidents with fatalities and noted a history of 200 traffic accidents on Highway 9 Corridor in the City of Saratoga portion.  Citizen Ray stated that Highway 9 Corridor has been taken to a new level of neglect and stressed the importance of bringing Highway 9 Corridor into the 21st Century.

Ms. Gonot responded that the forth project listed on Page 3 of 3 is incorporated within the limits of a project submitted by the City of Monte Sereno; therefore, staff will be working with the Cities of Saratoga and Monte Sereno to define the project elements.  

Mark Brodsky, Vice Mayor of Monte Sereno, expressed his support of the prioritized list of projects to be submitted to the MTC for the Regional Bicycle/Pedestrian Program.  Mr. Brodsky noted the importance of Highway 9 Corridor and added that it is vital to the area. 

Board Member Casas asked if this was the same issue that Citizen Ray was referencing.   Mr. Brodsky responded yes.  Board Member Casas requested that Mayor Brodsky take some time to speak with Citizen Ray regarding his concerns about Highway 9 Corridor Project.  Mayor Brodsky agreed to speak with Citizen Ray regarding his concerns about Highway 9 Corridor.  Board Member Casas thanked and noted his appreciation for the effort.

M/S/C (Chavez/McHugh) to approve the prioritized list of projects to be submitted to the Metropolitan Transportation Commission (MTC) for the Regional Bicycle/Pedestrian Program. 

  
23.

ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

Chairperson Pirzynski noted the Staff Report regarding December 9, 2004 VTA Board of Directors Regular Meeting Referral from Santa Clara County Board of Supervisors response was faxed to the Board of Directors last week.  Chairperson Pirzynski advised the Board Members that the Staff Report memorandum was also placed in front of them on the dais.

Mr. Collins noted that two approaches were prepared regarding the study of phasing the BART to Silicon Valley Project.  Mr. Collins noted the following alternative actions concerning the referral: 1) direct staff to conduct an abbreviated study of phasing the BART to Silicon Valley Project over the next four months at an estimated cost of $325,000; or 2) direct staff to conduct an expanded study of phasing the BART to Silicon Valley Project over the next ten months at an estimated cost of $935,000; or 3) direct staff not to study a phased alternative. 

Mr. Collins commented that an abbreviated study of phasing BART to Silicon Valley will not provide the necessary planning detail for revising the Environmental Documents but will provide an overview on fiscal and operational impacts.

Mr. Collins commented that an expanded study of phasing BART to Silicon Valley Project will provide the necessary planning detail studies and modeling information to support a revised Environmental Document.            

Board Member Gage clarified the County Board of Supervisors is not looking for reasons not to do BART but looking for an examination of the funding involved for completing the entire BART system and stressed the importance of having a Plan B.

Board Member Cortese expressed concern regarding spending additional money to study whether the project should be phased or un-phased when another revenue source is going to be needed to operate the system either way.

Board Member Livengood expressed concern and noted intention not to support either alternative presented. 

Board Member Chu expressed support in conducting the expanded study since it will support the necessary information for the revised Environmental Impact Report (EIR).   

Board Member McHugh stressed importance to have the cost information by conducting the expanded study and noted it is in the best interest of the organization to obtain the data for the Board of Directors to make a sound decision.

Board Member Cortese left his seat 8:44 p.m.

Board Member Williams expressed concern and stated that phasing could be the death of the BART to Silicon Valley and added that phasing could result in triple the cost of the project.  

Stephen Hazel, Interested Citizen, noted support of the BART to Silicon Valley. 
Mr. Hazel added that the project is possible if obstacles and individuals were removed from the project that were there to derail the BART to Silicon Valley Project. 

Ex-Officio Board Member McLemore left his seat at 8:50 p.m.

Ex-Officio Board Member McLemore took his seat at 8:51 p.m.

              Mr. Hazel stressed that the BART to Silicon Valley Project can be saved.

Board Member Cortese took his seat at 8:52 p.m.

Alternate Board Member Yeager left his seat at 8:52 p.m.

Chris Lepe, Interested Citizen, expressed support for the study phasing of BART to Silicon Valley Project.  Mr. Lepe noted that if VTA decided to extend heavy rail on existing light rail lines it could afford to build and operate every other project promised in 2000 Measure A Projects.  Mr. Lepe encouraged the Board of Directors to take the responsible step of studying a phased extension and continue to look for other cost effective solutions for transit needs in the future.

Mr. Bradley expressed concern regarding the BART to Silicon Valley Project and noted that the costs are too expensive.   Mr. Bradley noted that the voters of Santa Clara County did not only vote for BART to Silicon Valley but for improved buses and light rail services.  Mr. Bradley suggested the Board of Directors support conducting the expanded study of phasing the BART to Silicon Valley.

Alternate Board Member Yeager took his seat at 8:55 p.m.

Laura Stuchinsky, Silicon Valley Manufacturing Group, urged the Board of Directors to not spend valuable staff time and money to study phasing BART to Silicon Valley. 
Ms. Stuchinsky stressed importance to collect information to make difficult decisions but added that a study would be a colossal waste of taxpayer money.  Ms. Stuchinsky noted that a five-year delay would cost nearly a billion and a delay in the project would kill the entire project.   Board Member Casas queried on why the study on phasing BART to Silicon Valley Project is misguided.  Ms. Stuchinsky responded that adding another billion to the project would make it impossible or extremely difficult to complete the BART to Silicon Valley Project.            

Dennis Kennedy, Mayor Morgan Hill, noted the City of Morgan Hills’ support regarding the recommendation on the study regarding phasing BART to Silicon Valley Project.   Mr. Kennedy recommended sending the item back to staff to come up with a cost estimate that is somewhere between the two alternatives with more realistic numbers.   

Mr. Brodsky expressed support of the study phasing BART to Silicon Valley Project.  Mr. Brodsky noted that the study is for the greater good of the entire San Jose Valley Area.   

Phil Anthony, Interested Citizen, expressed support regarding the phasing of BART to Silicon Valley Project and noted importance of obtaining the required information on the BART to Silicon Valley Project.                        

Board Member Matthews expressed concern and noted no support of a study for a phased alternative.             

Board Member Casas expressed support of study of phasing BART to Silicon Valley Project and added that the information will assist the Board to make better decisions.  

Board Member Gage stressed importance regarding the study information to make valid decisions and noted that the study is not intended to derail the BART to Silicon Valley Project.

Ex-Officio Board Member McLemore expressed support to study phasing BART to Silicon Valley Project and noted the need to have the information available for review and analysis.

Board Member Cortese expressed concern regarding spending additional funding on information regarding a study phasing BART to Silicon Valley Project; however, noted that phased or un-phased the project is going to require an additional sales tax for operations.

Ex-Officio Board Member McLemore noted importance to address issues directly; therefore, expressed support to study phasing BART to Silicon Valley Project.

Board Member Chu expressed support and noted that when 2000 Measure A ballot was passed it was for a list of projects.  

Chairperson Pirzynski expressed importance to convey a level of transparency and evaluate all the realities.

Board Member Livengood expressed support to look at the issues and other alternatives; however, noted intention to not support the motion. 

M/S/F (McHugh/Casas) on a Roll Call Vote of 5 Ayes, to 6 Noes, to 0 Abstentions to direct staff to conduct an expanded study of phasing the BART to Silicon Valley Project over the next 10 months at an estimated cost of $935,000. (Board Member Chavez–No, Board Member Cortese–No, Board Member Livengood–No, Board Member Matthews–No, Board Member Williams–No, Alternate Board Member Yeager–No, Board Member Casas–Aye, Board Member Chu–Aye, Board Member Gage–Aye, Board Member McHugh–Aye, Board Member Pirzynski–Aye).  The motion failed.

M/S/F (Matthews/Chavez) on a Roll Call Vote of 6 Ayes, to 5 Noes, to 0 Abstentions to to direct staff not to study a phased alternative. (Board Member Casas–No, Board Member Chu–No, Board Member Gage–No, Board Member McHugh–No, Board Member Pirzynski–No, Board Member Chavez–Aye, Board Member Cortese–Aye, Board Member Livengood–Aye, Board Member Matthews–Aye, Board Member Williams–Aye, Alternate Board Member Yeager–Aye).  The motion failed.

Chairperson Pirzynski requested to return the recommendation back to staff for further study.

Board Member Chu noted that the abbreviated study would be a step in the right direction. 

Board Member Livengood noted an abbreviated study will not provide enough information needed to make a valid decision. 

Board Member Williams queried if a motion could be made on the phase study.

Ms. Gifford clarified that the last motion was for not to study a phased alternative and added the first motion was to study but conduct the $935,000 study; however, noted there was no motion regarding the first alternative. 

M/S/F (Chu/McHugh) on a Roll Call Vote of 4 Ayes, to 7 Noes, to 0 Abstentions to direct staff to conduct an abbreviated study of phasing the BART to Silicon Valley Project over the next four months at an estimated cost of $325,000. (Board Member Chavez–No, Board Member Cortese–No, Board Member Livengood–No, Board Member Matthews–No, Board Member Williams–No, Alternate Board Member Yeager–No, Board Member Pirzynski–No, Board Member Casas–Aye, Board Member Chu–Aye, Board Member Gage–Aye, Board Member McHugh–Aye).  The motion failed.           

NOTE:  M/S/F MEANS MOTION SECONDED AND FAILED.

On general consensus, there being no objection, the Board of Directors recommended referring the item back to staff for further study.           

Chairperson Pirzynski noted the Board of Directors complete lineated discussion regarding the matter and intent to move the item forward. 

  
24.

LEGISLATIVE REPORT

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

  
25.

SUMMARY MINUTES FROM STANDING COMMITTEES

Chairperson Pirzynski noted that the Summary Minutes from Standing Committees were sent under separate cover to the VTA Board of Directors.

A.  Administration and Finance Committee                        

On order of Chairperson Pirzynski, there being no objection, the Administration and Finance Committee Summary Minutes were accepted.

B.  Congestion Management Program and Planning Committee

On order of Chairperson Pirzynski, there being no objection, the Congestion Management Program and Planning Committee Summary Minutes were accepted.

C.  Transit Planning and Operations Committee

On order of Chairperson Pirzynski, there being no objection, the Transit Planning and OperationsCommittee Summary Minutes were accepted.

  
26.

REPORTS FROM ADVISORY COMMITTEES

Chairperson Pirzynski noted that the Reports from Advisory Committees were sent under separate cover to the VTA Board of Directors.

A.  Committee for Transit Accessibility (CTA)

On order of Chairperson Pirzynski, there being no objection, the report from the Committee for Transit Accessibility was accepted.

B.  Citizens Advisory Committee (CAC)

On order of Chairperson Pirzynski, there being no objection, the report from the Citizens Advisory Committee was accepted.

C.  Bicycle & Pedestrian Advisory Committee (BPAC)

On order of Chairperson Pirzynski, there being no objection, the report from the Bicycle and Pedestrian Advisory Committee was accepted.

D.  Technical Advisory Committee (TAC)

On order of Chairperson Pirzynski, there being no objection, the report from the Technical Advisory Committee was accepted.

E.  Policy Advisory Committee (PAC)

On order of Chairperson Pirzynski, there being no objection, the report from the Policy Advisory Committee was accepted.

  
27.

REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS

Chairperson Pirzynski advised the Board Members that the Reports from the Joint Powers Boards (JPBs) and Regional Commissions were placed in front of them on the dais.

A. Peninsula Corridor JPB

On order of Chairperson Pirzynski, there being no objection, the report from the Peninsula Corridor JPB was accepted.

B. Capitol Corridor JPB

There was no report from the Capitol Corridor JPB.

C. Metropolitan Transportation Commission (MTC)

On order of Chairperson Pirzynski, there being no objection, the report from the Metropolitan Transportation Commission (MTC) was accepted.

  
28.

REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

Chairperson Pirzynski noted that the Vasona Minutes from December 13, 2004 Meeting were sent under separate cover to the VTA Board of Directors.

A. Vasona Light Rail PAB 

On order of Chairperson Pirzynski, there being no objection, the report from the Vasona Light Rail PAB was accepted.

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.

D. Highway PAB – South

There was no report from the Highway PAB – South.

  
29.

REPORT FROM THE CHAIRPERSON

There was no report from the Chairperson.

  
30.

REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.

  
31.

ANNOUNCEMENTS

There were no Announcements.

  
32. ADJOURNMENT

On order of Chairperson Pirzynski, there being no objection, the meeting was adjourned at 9:50 p.m. in memory of the Asian Tsunami and Earthquake Victims.

Respectfully submitted,





Michelle M. Garza, Board Assistant
VTA Board of Directors
  
  
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