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Board Minutes


BOARD OF DIRECTORS MEETING

Thursday, January 6, 2005

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

Summary Minutes

1.

CALLED TO ORDER at 5:31 p.m

  
2.

ROLL CALL

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

Board Members Absent  Gonzales

Alternate Board Members Present: Kennedy, Sandoval, Yeager

Alternate Board Members Absent: Alvarado, Kerr

  
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.

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

Approved 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.

Staff 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.

  
6.

ORDERS OF THE DAY

Noted that the Board of Directors Meeting is dedicated and would adjourn in memory and honor of the Asian Tsunami and Earthquake Victims.  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.

Added 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.

Requested 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. 

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. 

Accepted the Orders of the Day.

  
7. AWARDS AND COMMENDATIONS

A.  Employees of the Month for December 2004

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.

B.  Eployees of the Month for January 2005

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.

Expressed appreciation and noted the dedication of the employees in VTA.

C.  Recognize 2004 Board Chairperson Donald F. Gage

Recognized 2004 VTA Board Chairperson Donald F. Gage.

Expressed appreciation for the opportunity to work with VTA Board of Directors and VTA staff.  Noted appreciation for the diligent work, dedication and support of VTA staff. 
Board Member Livengood left his seat at 7:20 p.m.
  
8.

COMMENTS FROM CHAIRPERSON JOE PIRZYNSKI

Expressed appreciation and thanked VTA Board of Directors for their trust.  Thanked Board of Directors and staff in advance for their support and assistance.  Noted opportunity to work with new Vice Chairperson Cindy Chavez, new and continuing Board Members, and Policy Advisory Committee Members.  Expressed appreciation to work with VTA Employees, as well as the public and community. Pledged best efforts for the opportunity in serving as the 2005 VTA Board of Directors Chairperson. 

Expressed confidence that VTA Board of Directors will rise to meet the challenges in the coming year.   Requested each Board Member contribute time, energy, and dedication to VTA Board of Directors, VTA, and the people of Santa Clara County.  Thanked everyone for vote of confidence.  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

Appointed Board Member Williams as Member and Ex-Officio Board Member McLemore as Alternate Member 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

Appointed Board Member Chu to represent VTA on the Dumbarton Policy Committee.

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

Approved 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.

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.

Requested that the item 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, congratulated the 2005 VTA Board of Directors and expressed concern regarding the Transition Employment and Settlement Agreement for the General Manager.  Ms. Rhodes expressed concern regarding the issues and problems with Paratransit and Fixed Route Services.

Eugene Bradley, Santa Clara VTA (SCVTA) Riders Union, welcomed VTA Board of Directors Chairperson for 2005.  Mr. Bradley expressed 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. 

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.

Expressed concern and noted no support for the recommendation regarding the Transition Employment and Settlement Agreement.

Advised the Board of Directors that comments are limited to the Transition Employment and Settlement Agreement and not to employee performance. 

Noted the challenges faced and added that the General Manager has done an excellent job of guiding the organization.  Expressed support of the proposed motion and commented that it is in the best interest of VTA and the people of Santa Clara County. 

Noted the Board of Directors responsibility and obligation to honor the Transition Employment and Settlement Agreement. 

Noted concern regarding the Transition Employment and Settlement Agreement amount; however, noted the contract is a public document.   

Noted support of the motion and added the contract amount is appropriate.   Stated the organization will ultimately gain equity within the community and urged support to move forward with a renewed spirit. 

Approved 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 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 concern regarding approval of the Transition Employment and Settlement Agreement for the General Manager. 

Ms. Rhodes noted importance of working on elderly driver education and signage. 
Ms. Rhodes noted importance of making navigation in the community as easy as possible and requested a response from staff and further volunteered to be involved in the process.

Mr. Bradley expressed concern regarding the BART project.  He noted issues in the Valley Transportation Plan 2030 (VTP 2030) VTA’s long-range transportation plan and   the lack of accountability in the VTP 2030 specifically the BART to San Jose project. He also noted typical cost overruns with BART projects.  Mr. Bradley stated that the focus should be on 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 and Alternate Board Member, 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.

Amended to reflect 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 should reflect that Board Member McHugh took his seat at 12:40 p.m.

Amended to reflect a correction to the Minutes referencing Board Member Livengood’s attendance and participation at the December 9, 2004 VTA Board of Director Regular Meeting.

Approved the Minutes of the Regular Board of Directors’ Meeting of
December 9, 2004, as amended.

  
 

ADMINISTRATION AND FINANCE COMMITTEE

12.

Ratified 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.

Authorized 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.

Authorized 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.

Approved the programming of $475,000 in Community Design & Transportation (CDT) Program Planning Grants.

  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

17.

Authorized 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.

Queried about the PAC Bylaws related to the quorum versus the majority of the members of PAC regarding voting. 

Noted that the item is not agendized for the purpose of requesting changes and requested clarification from Counsel.   Staff 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.

Inquired about referring the PAC Bylaws back to the Committee with comments for the change.  

Asked what things may be discussed in relationship to this item.   Staff responded all of the suggestions and requests that have been made by PAC.  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. 

Queried if Section �5.4 - Quorum; Vote; Committee of the Whole was consistent with the Board of Directors guidelines.   Staff responded no.

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.

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.

Expressed concern regarding not being able to discuss and comment on the PAC Bylaws.    Staff responded that these comments are outside of the recommendation.

Requested referral of the PAC Bylaws back to PAC for consideration.

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

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.

Queried if the Board of Directors are required to have a majority affirmative of the twelve members to pass an action item.   Staff responded yes.

Recommended the Board of Directors evaluate all the Advisory Committee Bylaws to ensure consistency.

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.

Referredback to PAC, 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. 

  
 

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

18.

Approved the 2005 Federal Legislative Program for the Santa Clara Valley Transportation Authority (VTA). 

  
19.

Approved the 2005 State Legislative Program for the Santa Clara Valley Transportation Authority (VTA). 

Requested Route 101 Corridor project be incorporated in the 2005 Federal Legislative Program since funding will be required.   Clarified that the request is for
Agenda Item # 18., 2005 Federal Legislative Program. 

  
18.

Approved 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.

Approved 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.

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

Authorized the General Manager to amend the R&L Brosamer, Inc., construction contract to accommodate the final contract closeout 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 Casas took his seat at 8:21 p.m.

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

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.

Citizen Ray, Interested Citizen, expressed concern regarding the scoring committee rating regarding the three-city application for Highway 9 Corridor project.  Citizen Ray expressed 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 stressed the importance of bringing Highway 9 Corridor into the 21st Century.

Staff 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 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.  Asked if this was the same issue that Citizen Ray was referencing.  Mr. Brodsky responded yes.  Requested that Mayor Brodsky speak with Citizen Ray regarding his concerns about Highway 9 Corridor project. 

Approved 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

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.  Advised the Board Members that the Staff Report memorandum was also placed in front of them on the dais.

Staff noted that two approaches were prepared regarding the study of phasing the BART to Silicon Valley Project.  Staff 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. 

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

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.

Expressed concern and noted intention not to support either alternative presented. 

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

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 to make a sound decision.

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

Expressed concern and stated that phasing could be the death of the BART to Silicon Valley Project 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 Project.  Mr. Hazel added that the project is possible if obstacles and individuals were removed from the 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.

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. 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 the BART to Silicon Valley Project but for improved buses and light rail services.

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 Project.  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.

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. 

Expressed concern and noted no support of a study for a phased alternative. 

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

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.

Expressed support to study phasing BART to Silicon Valley Project and noted the need to have the information available for review and analysis.

Noted importance to address issues directly.

Expressed support and noted that when 2000 Measure A ballot was passed it was for a list of projects.  

Expressed importance to convey a level of transparency and evaluate all the realities.

Expressed support to look at the issues and other alternatives; however, noted intention to not support the motion.                 

Failed to approve on a Roll Call Vote 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).  Sandra Weymouth, Board Secretary, noted that the motion failed on a vote of six to five.

Failed to approve on a Roll Call Vote 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).  Ms. Weymouth noted that the motion failed on a vote of six to five.

Staff 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. 

Failed to approve on a Roll Call Vote 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).  Ms. Weymouth noted that the motion failed on a vote of seven to four.

Referred the PAC Bylaws with their comments to PAC for consideration.

  
24.

LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

  
25.

SUMMARY MINUTES FROM STANDING COMMITTEES

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

A. Administration and Finance Committee

Accepted the Administration and Finance Committee Summary Minutes.

B. Congestion Management Program and Planning Committee

Accepted the Congestion Management Program and Planning Committee Summary Minutes.

C. Transit Planning and Operations Committee

Accepted the Transit Planning and Operations Committee Summary Minutes.

  
26.

REPORTS FROM ADVISORY COMMITTEES

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

A. Committee for Transit Accessibility (CTA)

Accepted the report from the Committee for Transit Accessibility.

B. Citizens Advisory Committee (CAC)

Accepted the report from the Citizens Advisory Committee.

C. Bicycle & Pedestrian Advisory Committee (BPAC)

Accepted the report from the Bicycle and Pedestrian Advisory Committee.

D. Technical Advisory Committee (TAC)

Accepted the report from the Technical Advisory Committee.

E. Policy Advisory Committee (PAC)

Accepted the report from the Policy Advisory Committee.

  
27.

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

There was no report from the Peninsula Corridor JPB.

B. Capitol Corridor JPB

There was no report from the Capitol Corridor JPB.

C. Metropolitan Transportation Commission (MTC)

There was no report from the Metropolitan Transportation Commission (MTC).

  
28.

REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A. Vasona Light Rail PAB 

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

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.

ADJOURNED at 9:50 p.m. in memory of the Asian Tsunami and Earthquake Victims.

  
  
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