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Board Minutes


BOARD OF DIRECTORS MEETING

Wednesday, March 30, 2005

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

Summary Minutes

1.

CALLED TO ORDER at 5:35 p.m.

  
2.

ROLL CALL

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

Board Members Absent:    None

Alternate Board Members Present: Kennedy, Kerr, Sandoval, Yeager

Alternate Board Members Absent: McHugh

*   Alternates do not serve unless participating as a Member.

A quorum was present.

  
3.

ADJOURNED TO CLOSED SESSION at 5:36 p.m.

Conference with Legal Counsel – Existing Litigation
[Government Code Section 54956.9(a)]

Exposure to Litigation (one potential case) - Decision to be made under Government Code Section 54956.9(b)(2), to decide whether closed session is authorized pursuant to Section 54956.9(b)(1):

Letter from Santa Clara Valley Blind Center, Inc. 

RECONVENED TO OPEN SESSION at 5:43 p.m.

  
4.

CLOSED SESSION REPORT

Conference with Legal Counsel – Existing Litigation
[Government Code Section 54956.9(a)]         

Exposure to Litigation (one potential case) - Decision to be made under Government Code Section 54956.9(b)(2), to decide whether closed session is authorized pursuant to Section 54956.9(b)(1):

Letter from Santa Clara Valley Blind Center, Inc. 

Determined that no action or further closed session will be necessary on this item.

  
5.

ORDERS OF THE DAY

Removed from Consent and placed on the Regular Agenda, Item #12., Amend the Policy Advisory Committee (PAC) Bylaws including amendments: 1) Requested by the Board of Directors to require a vote of the majority of the total membership to pass an item (which requires the Board to rescind its December 12, 2002 action approving an amendment to permit a majority of the quorum to pass an item), 2) Requested by the Board of Directors to codify the responsibility of the PAC chairperson to integrate the PAC Work Plan with the objectives of the VTA Board, 3) Requested by the PAC to revise its specific duties and to modify how items may be placed on the agenda; and 4) To correct minor technical matters. Also, amend the VTA Administrative Code, as necessary, to reflect these modifications.

Deferred to the May 5, 2005 Regular Board of Directors Meeting, Agenda Item #19.A., Discuss strategies for continuous improvement for VTA as we lay groundwork for a new General Manager (Vice-Chairperson Chavez request from the March 3, 2004 Board of Directors Meeting).

Added Agenda Item #19.X., Consider a request from the City of San Jose for support from the VTA Board of Directors to authorize the General Manager to negotiate and execute an agreement with the Canary Enterprises/San Jos� Grand Prix to accommodate the San Jos� Grand Prix race event and mitigate impacts to transit operations.

Requested that Agenda Item 19.B., Consider a request to oppose the Peninsula Corridor Joint Powers Board proposal for terminating Caltrain service to the College Park Station in San Jose, be heard before Agenda Item 19.X., Consider a request from the City of San Jose for support from the VTA Board of Directors to authorize the General Manager to negotiate and execute an agreement with the Canary Enterprises/San Jos� Grand Prix to accommodate the San Jos� Grand Prix race event and mitigate impacts to transit operations.

Accepted Orders of the Day.

  
6.

AWARDS AND COMMENDATIONS

Employees of the Month for March 2005

Presented awards to Paula Alvarez, Guadalupe Operations, and Barbara McVay, Chaboya Administration as our Employees of the Month for April 2005.   Steve Amaral, Cerone Maintenance, was unable to attend.

  
7.

PUBLIC PRESENTATIONS

Danny Garza, Mexican American Political Association (MAPA), asked VTA to address discrimination and discipline issues recently brought to MAPA’s attention and noted MAPA’s support for the LA RAZA Round Table and their concerns relating to proper hiring and wage issues. Mr. Garza stressed that VTA contractors must be truthful in minority documentation especially concerning qualified minority businesses as well as their employment and wage documentation.

Paul Guerrero, LA RAZA Round Table, urged the VTA Board of Directors to conduct an independent audit by an outside source to determine if VTA is complying with assurances presented to the Department of Transportation (DOT) when it applied for federal grants. He noted LA RAZA Round Table’s concerns that: 1) VTA continues to receive DOT grants and funding, 2) Disadvantaged Business Entrepreneurs (DBEs) get their fare share of work on VTA projects, and 3) local minority and low income communities voices be heard when VTA makes planning decisions.  He expressed concern that VTA is spending tax dollars for DBE certification when Caltrain will provide certification at no cost.   Mr. Guerrero expressed concern that VTA is not enforcing federal prompt pay requirements.

Armando Quesada, VTA DBE Subcontractor, stated that the prime contractor has not followed specifications requiring prompt pay and urged the VTA Board of Directors to help ensure that DBE’s are paid according to the specifications as they are expected to perform according to the specifications.

Eugene Bradley, Santa Clara Valley Transit Authority Riders Union, noted the recent increase in gas prices and expressed concern that VTA has not made an effort to replace previously cut services to accommodate potential new ridership that may result from the increase in gas prices. 

  
8.

Policy Advisory Committee (PAC) Chairperson’s Report

Heard a report that PAC met on March 10, 2005 and took the following actions:
1) unanimously passed a motion to advise the Ad-Hoc Restructuring Committee that the PAC and the City Groupings have made some progress and that PAC recommends continued study on the restructuring issue. 2) unanimously passed a motion recommending that the PAC Chairperson join the VTA Board of Directors as an ex-officio member, 3) announced a PAC Workshop scheduled for April 1, 2005 from 8:30 a.m. to 11:30 a.m. to discuss the VTA Long-Term Transit Capital Investment Program, 4) unanimously passed a motion to accept the amendment to the PAC Bylaws to codify the responsibility of the PAC Chairperson to collaborate with the VTA Board Chairperson on integrating the PAC Work Plan with the objectives of the VTA Board, and 5) on a vote of 11ayes to 1 nay, passed a motion to oppose the amendment to the PAC bylaws requested by the VTA Board of Directors to modify the number of affirmative votes required to pass an item. Member Glickman opposed.

  

CONSENT AGENDA

9.

Approved the Minutes of the Regular Board of Directors’ Meeting of March 3, 2005.

  
 

ADMINISTRATION AND FINANCE COMMITTEE

10.

Authorized the General Manager to execute an amendment to the Master Agreement with the California Highway Patrol (CHP) for Traffic Control Services during construction of 1996 Measure B Transportation Improvement Program and VTP 2030 Highway Projects increasing the agreement amount for 1996 Measure B projects by $447,000, for a new total agreement amount of $1,712,000, and extend the agreement term to December 31, 2006.

  
11.

Authorized the General Manager to execute the documents necessary to convey a permanent subsurface easement, a temporary construction easement, and temporary access onto an existing private road for the construction of sanitary sewer lines along the back portion of the VTA Guadalupe Light Rail maintenance yard to the City of San Jose for a price of $168,180.

  
12.

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

Consider amending the Policy Advisory Committee (PAC) Bylaws including amendments: 1) requested by the Board of Directors to require a vote of the majority of the total membership to pass an item (which requires the Board to rescind its
December 12, 2002 action approving an amendment to permit a majority of the quorum to pass an item), 2) requested by the Board of Directors to codify the responsibility of the PAC chairperson to integrate the PAC Work Plan with the objectives of the VTA Board, 3) requested by the PAC to revise its specific duties and to modify how items may be placed on the agenda; and 4) to correct minor technical matters. Also, amend the VTA Administrative Code, as necessary, to reflect these modifications.

  
13.

Approved the Framework for Formation of the I-680 Sunol SMART Carpool Lane Joint Powers Authority (SSCLJPA).

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

14.

Approved the Implementation Plan for Highway Projects included in Valley Transportation Plan 2030 (VTP 2030) as described in this memorandum.

  
15.

Approved the use of Local Program Reserve funds (LPR) in the amount of $500,000 for the I-880 Corridor Study; and the General Manager executing a contract with Mark Thomas and Company for the study for a total value not to exceed $500,000.

  
16.

Approved the use of Local Program Reserve funds (LPR) in the amount of $500,000 for the South County Circulation Study; and the General Manager executing a contract with the URS Corporation for the study for a total value not to exceed $500,000.

  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

17.

Authorized the General Manager to enter into a new Cooperative Agreement with the Alameda-Contra Costa Transit District, San Francisco Bay Area Rapid Transit District, City of Union City, and the San Mateo County Transit District to provide the Dumbarton (DB) Express Service.

  
18.

Authorized the General Manager to purchase up to 25 gasoline-powered, small capacity buses and support equipment in the amount of $4,000,000, using a contract awarded by the State of California pursuant to Public Contract Code Section 20301 which requires all expenditures over $25,000 to be let to the lowest responsible bidder, and Section 10298(b) which authorizes local agencies to contract with suppliers awarded contracts by the State without further competitive bidding. 

  
  
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REGULAR AGENDA

  
12.

Adopted Resolution No. 05.03.03 amending the Policy Advisory Committee (PAC) Bylaws including amendments: 1) requested by the Board of Directors to require a vote of the majority of the total membership to pass an item (which requires the Board to rescind its December 12, 2002 action approving an amendment to permit a majority of the quorum to pass an item), 2) requested by the Board of Directors to codify the responsibility of the PAC chairperson to integrate the PAC Work Plan with the objectives of the VTA Board, 3) requested by the PAC to revise its specific duties and to modify how items may be placed on the agenda; and 4) to correct minor technical matters. Also, amend the VTA Administrative Code, as necessary, to reflect these modifications.

Expressed opposition to the proposed requirement that a majority of the membership is necessary to pass a motion.   Noted that the current requirement of a majority of those present to pass a motion is working well. 

Requested an explanation of the change from the original voting requirement (a majority of the membership) to the proposed voting requirement (a majority of those present).   Staff responded that the change occurred in 2002 and was due to poor attendance.  Noted that PAC attendance has greatly improved since.

Aaron Morrow, Interested Citizen, expressed support for the Committee’s desire to maintain the current requirement of a majority of those present to pass a motion.

Alternate Board Member Breene Kerr, addressing the Board as a PAC Member, expressed opposition  to a change to the current voting requirement.   Noted that PAC has had a positive impact on a number of issues.  Mr. Kerr expressed concern that the attempt to change the requirement is intended to make it more difficult for PAC to pass motions.  Urged the Board to accept the motion with the exception of the voting requirement portion.

Steve Glickman, PAC Vice Chairperson, speaking on behalf of PAC, reported that it is the desire of the majority of PAC members to retain the current voting requirement of a majority of those present   to pass a motion. 

Steve Glickman, PAC Vice Chairperson, regarding his individual opinion, expressed concern that in some instances when barely a quorum was present and the vote was close the result of that vote was reported as the position of PAC as a whole.   Noted the importance of taking an additional degree of care to assure that when PAC takes a position it is reflective of the true majority.

Alternate Board Member Dennis Kennedy, addressing the Board as a PAC Member, requested PAC be allowed to continue with the current requirement of a simple majority of those present to pass a vote.

Alternate Board Member Delores Sandoval, addressing the Board as a PAC Member, urged the Board of Directors to consider retaining the current PAC voting standards.

Board Member Gonzales declined a request to have the voting requirement portion of the staff recommendation stand alone as a separate motion.

Advised that the Board of Directors’ goal is to strengthen the role of PAC and have the votes be representative of all the cities rather than a small group of the cities.

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item 21.A.)

There were no items submitted for the Regular Agenda by the Administration and Finance Committee.

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item 21.B.)

There were no items submitted for the Regular Agenda for the Congestion Management Program and Planning Committee.

  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item 21.C)

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

  
  
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OTHER ITEMS

19. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

A. (Deferred to the May 5, 2005 Regular Board of Directors Meeting)
Discuss strategies for continuous improvement for VTA as we lay groundwork for a new General Manager (Vice-Chairperson Chavez request from the March 3, 2005 Board of Directors Meeting.)

The agenda was taken out of order.

Member Livengood left his seat at 6:36 p.m.

19.X.   Approved a request from the City of San Jose for support from the VTA Board of Directors to authorize the General Manager to negotiate and execute an agreement with the Canary Enterprises/San Jos� Grand Prix to accommodate the San Jos� Grand Prix race event and mitigate impacts to transit operations.

Member Livengood took his seat at 6:38 p.m.
Member Cortese left his seat at 6:39 p.m.

Requested VTA staff work quickly to reach agreements with the City of
San Jose.

Requested VTA and the City of San Jose work collaboratively to educate the public regarding probable disruption of transit service.

Member Cortese took his seat at 6:42 p.m.

Expressed concern that staff not be bound by Board of Directors approval of the request from the City of San Jose for support from the VTA Board of Directors to authorize the General Manager to negotiate and execute an agreement with the Canary Enterprises/ San Jos� Grand Prix to accommodate the San Jos� Grand Prix race event and mitigate impacts to transit operations.

Member Gage left his seat at 6:45 p.m.
Member Chu left his seat at 6:46 p.m.

Expressed concern that VTA receive full cost recovery.

Member Gage took his at 6:47 p.m.
Member Chu took his at 6:48 p.m.

Advised that VTA will not be asked to encumber any cost and noted that VTA should see a benefit in revenue and ridership through the Grand Prix Event.  Noted the importance of public education and stressed the opportunity for VTA to utilize its marketing skills.

Ex-Officio Member McLemore left his seat at 6:49 p.m.

Niel Struthers, Building Construction Trades Council, urged support for the motion.

Eugene Bradley, Santa Clara Valley Transportation Authority Riders Union, urged rejection of the current proposal and suggested moving the Grand Prix Event to Coyote Valley. 

Member Kniss left her seat at 6:50 p.m.

Jay Kerby, Interested Citizen, expressed concern that businesses and residents will be negatively impacted by the race.

Member Kniss took her seat at 6:53 p.m.

Zakhary Cribari, Santa Clara Valley Transportation Authority Rider Union, urged the Board of Directors to avoid service interruptions and suggested moving the event to another area.

Member Casas left his seat at 6:54 p.m.

Mr. Kerr requested the Board of Directors direct staff to make a marketing effort part of the negotiations and suggested imposing a deadline for staff with regard to finalizing the terms of agreement. 

Member Casas took his at 6:56 p.m.

Noted the Gilroy Garlic Festival will be held on the same weekend and suggested a partnership.

Ex-Officio Member McLemore took his seat at 6:58 p.m.

Commended VTA staff for their work with the City of San Jose and suggested a deadline be put in place for staff to work with the City of San Jose to reach an agreement.   Further suggested a debriefing on ridership strategies and a review of ridership spikes with this and similar large events that take place in the downtown area each year.

B.  Adopted Resolution No. 05.03.04to oppose the Peninsula Corridor Joint Powers Board proposal for terminating Caltrain service to the CollegePark Station in
San Jose.

Member Chavez left the meeting at 7:08 p.m.

Alternate Member Yeager assumed the seat of the of San Jose representative at 7:08 pm

Mr. Bradley expressed support for the proposal to keep the College Park Caltrain Station open.

Elizabeth Monley, Interested Citizen, expressed support for a motion to keep the College Park Caltrain Station open.

Gerald Wade, Interested Citizen, expressed support for the motion to keep the College Park Caltrain Station open.

Martha O‘Rourke, Interested Citizen, expressed concern regarding placing a limitation on the number of pick-up times and expressed support for the motion to keep the College Park Caltrain Station open. 

Suzanne Couch, Interested Citizen, urged support of the motion to keep the College Park Caltrain Station open.

Distributed and provided an overview of an e-mail regarding reductions in Caltrain service and station closures.

Suggested a cover letter from the VTA Board of Directors Chairperson to request that the full scope of reductions in Caltrain service and station closures be reviewed.

Member Cortese left the meeting at 7:33 p.m.

  
20.

LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

  
21.

SUMMARY MINUTES FROM STANDING COMMITTEES


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.

  
22.

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.

  
23.

REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS

Advised the Board Members that the Reports from the Joint Powers Boards (JPBs) & Regional Commissions were placed in front of them on the dais.

A. Peninsula Corridor JPB

On order of Chairperson Pirzynski, there being no objection, the Peninsula Corridor JPB report was received and filed.

B. Capitol Corridor JPB

On order of Chairperson Pirzynski, there being no objection, the Capitol Corridor JPB was received and filed.

C. Metropolitan Transportation Commission (MTC)

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

Mr. Cribari advocated for increased Baby Bullet Service.

  
24.

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 

Heard a report that the Silicon Valley Rapid Transit Corridor PAB at its meeting on Wednesday, March 23, 2005: 1) Received a staff report on Planning Activities related to the Federal Transit Administration’s (FTA) request for acceptable ridership estimates. VTA staff indicated that FTA has concurred with model modifications and VTA will submit a preliminary model run to FTA in late April. After FTA review of the preliminary data, VTA will submit “acceptable” ridership estimates to the FTA no later than June 30, 2005, 2) Received a brief from PAB planning staff on the status of a Federalized Segment Proposal submitted to the FTA.   This proposal would break the project into two elements---a segment that would be partially federally funded (“Federalized Segment”) and a portion that would be totally locally funded (“Localized Segment”). Under the proposal the entire 16.3-mile project would be completed simultaneously. FTA indicted that it would respond to VTA’s proposal by the end of March, 2005, 3) Received a project status report that indicated that Preliminary Engineering is 31% complete and on budget, and 4) Acknowledged $14 million in new Value Engineering recommendations that involve: the East Tunnel Portal in San Jose, and Dixon Landing Grade Separation. Additional Value Engineering proposals will be presented to the PAB for consideration over the next 5 months.   Noted that the next PAB meeting is scheduled for May 25, 2005.

C.  Downtown East Valley PAB

Accepted as contained in the Agenda Packet.

D.  Highway PAB – South

There was no report from the Highway PAB – South.

E.          Community Oriented Design Enhancement Committee (CODE)

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

  
25.

REPORT FROM CHAIRPERSON

A.  Heard a report that the Board Ad-Hoc Restructuring Committee met on Wednesday, March 24, 2005 and highlighted: 1) an improvement in attendance and City Groupings interaction, and 2) the Ad-Hoc Committees’ recommendation to continue to evaluate the Committee and the City Groupings and enhance the Committee’s effectiveness.

B.  Approved the appointment of Board Member Robert Livengood to serve as the VTA representative on the Policy Advisory Committee (PAC) of the I-680 Sunol SMART Carpool Lane Project.

C.  Approved the appointment of Board Member Dean Chu to serve as the VTA representative on the Capital Corridor Joint Powers Board.

Announced that Closed Session for the upcoming Board Workshop scheduled for April 22, 2005 will begin at 8:00 a.m. and convene to the Workshop Meeting at 8:30 a.m. immediately following Closed Session.

  
26.

REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.

  
27.

ANNOUNCEMENTS

Board Member Casas announced he would be unable to attend the April 21, 2005 Administration and Finance Committee Meeting.

Board Members Casas and Chu announced they would not be able to attend the April 22, 2005 Board Workshop Meeting due to scheduling conflicts. 

  
28.

ADJOURNED at 7:40 p.m.

  
  
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