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Board Minutes


BOARD OF DIRECTORS MEETING

Thursday, May 5, 2005

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

Summary Minutes

1.

CALLED TO ORDER at 5:33 p.m.

  
2.

ROLL CALL

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

Board Members Absent Beall (Ex-Officio)

Alternate Board Members Present: Sandoval

Alternate Board Members Absent: Kennedy, Kerr, McHugh, Yeager

*   Alternates do not serve unless participating as a Member.

A quorum was present.

  
3.

ADJOURNED TO CLOSED SESSION at 5:34 p.m.

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

Employee Organizations:
Service Employees International Union (SEIU) Local 715
Transportation Authority Engineers and Architects (TAEA)

VTA Designated Representatives:
Kaye L. Evleth, Chief Administrative Officer
Robert Escobar, Manager, Office of Employee Relations

B.            PUBLIC EMPLOYMENT
[Pursuant to Government Code Section 54957]

Position to be Filled: General Manager

C.             Conference with Legal Counsel – Anticipated Litigation

Initiation of litigation pursuant to subdivision (c) of Section
54956.9 of the Government Code.   One potential case.

RECONVENED TO OPEN SESSION at 6:03 p.m.

  
4.

CLOSED SESSION REPORT

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

Employee Organizations:
Service Employees International Union (SEIU) Local 715
Transportation Authority Engineers and Architects (TAEA)

VTA Designated Representatives:
Kaye L. Evleth, Chief Administrative Officer
Robert Escobar, Manager, Office of Employee Relations

This item was not taken under consideration during Closed Session.

B.            PUBLIC EMPLOYMENT
[Pursuant to Government Code Section 54957]

Position to be Filled: General Manager

There was no reportable action taken during Closed Session.

C.             Conference with Legal Counsel – Anticipated Litigation

Initiation of litigation pursuant to subdivision (c) of Section
54956.9 of the Government Code.   One potential case.

There was no reportable action taken during Closed Session.

  
5.

ORDERS OF THE DAY

Notedthat staff requested that Item #22. Consider additional 2000 Measure A Revenue and Expenditure Scenarios, be removed from tonight’s agenda.

Noted that Vice Chairperson Chavez requested that the following item be deferred: Item #23. 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.)

Accepted the Orders of the Day.

  
6.

AWARDS AND COMMENDATIONS

Employees of the Month for May 2005

Presentedawards to Mark Garcia, Guadalupe Operations; and Richard Jarosz, Guadalupe Light Rail Maintenance, as VTA Employees of the Month for May 2005.  Leslie Benton, River Oaks Administration, was unable to attend.

  
7.

Approved the Downtown East Valley (DTEV) Capitol Expressway Corridor Light Rail Project (Project) through the following actions: 1.   Certified that the Final Environmental Impact Report (EIR): a. Meets the requirements of California Environmental Quality Act (CEQA); b. Represents the independent judgment of VTA as the Lead Agency; and c. Was presented to the VTA Board of Directors for review and consideration; 2.  Adopted: a. Findings; b. Facts in Support of Findings; and c. Statement of Overriding Considerations; 3. Adopted a Mitigation Monitoring and Reporting Program; and 4. Adopted the Recommended Light Rail Alternative Project Description and approved the Project, which consists of: Phase 1A, from Alum Rock Station to Eastridge Transit Center, and Phase 1B, from Eastridge Transit Center to Nieman Boulevard.  These actions are consistent with the Statement of Overriding Considerations that indicate that the certification of the Final EIR as adequately addressing the environmental impacts. Adoption of Findings, Facts in Support of Findings, and Statement of Overriding Considerations listed as Attachment A in the Staff Report.  This acknowledges that traffic impacts at the following intersections remain significant and unavoidable but the Project benefits outweigh the impacts.  Those impacts are to Capitol Expressway/Story Road intersection, Capitol Expressway/Ocala Avenue intersection, and Capitol Expressway/Quimby Road intersection.  Adoption of the Mitigation Monitoring and Reporting Program to ensure that the mitigation measures in the Final EIR are implemented, and the approval of the Project, also referred to as the Recommended Light Rail Alternative in the Final EIR with a first phase to the Eastridge Transit Center and a second phase to Nieman Boulevard. 

Referenced Page 9 of the slide presentation, Cost and Ridership Estimates, and noted for the public’s information that it is a cost estimate, taking into consideration that neither the DTEV PAB or the Board of Directors has approved any funding for the extension.  Queried if that was correct.

Queried if there is any value as the project is built out in phasing the installation of the pedestrian and bicycle, leaving the High Occupancy Vehicle (HOV) in the right-of-way until levels of service can be further evaluated.

Ex-Officio Board Member McLemore left the meeting at 6:36 p.m.

Queried if there is any hybrid that is worth looking at that would salvage HOV capacity north of Quimby Road, but still allow the segmenting or the boulevarding where there are commercial and Transit-Oriented Development (TOD) opportunities south of Quimby Road.

Board Member Cortese left the meeting at 6:45 p.m.

Queriedabout the estimated time that construction would begin for Phase 1A and 1B.

Queried if the noise analysis was conducted from Alum Rock to Neiman Boulevard.

Expressed concern about the noise level and noted that anytime rail is brought into an environment there is an issue about noise.  Queried about the decibel level at which VTA conducts the measure to say the noise level is okay.

Eugene Bradley, Santa Clara Valley Transit Authority Riders Union, expressed concern regarding the projected ridership, noting that there would be over 3,600 new riders as compared to how many of the current riders on Bus Line #70.    He expressed concern that this may not really be a good use of our tax dollars, noting that for every new rider expected on this line, that it would be over $118,000 per new rider.

Zakhary Cribari, Interested Citizen, referred to the East Valley portion of the project and noted he objects to removing the HOV lanes.  He noted that VTA funds are not adequate enough to support the cost of the project.  He noted that he does not want to see the pattern of VTA turning again to its passengers asking for higher fares and reduced service as a result of lower ridership than projected.  He noted that VTA buses will provide a greater and more cost effective service, noting that in July 2005, VTA will be implementing Bus Rapid Transit (BRT) Line #522, which will provide service on a headway-based system.

Jim Zito, Interested Citizen, noted that there are many questions not answered in the E.I.R.   He noted that none of the E.I.R.’s 16 alternatives considered keeping the HOV lanes from Capitol Expressway to Eastridge.  He referred to the document he provided to the Board of Directors entitled Evergreen Specific Plan (ESP), July 2, 1991, City of San Jose, Page 10-5, and noted that the document specifically says that the HOV lanes are in addition to the ESP and that they are expecting 50,000 to 60,000 vehicles to use the HOV lanes.   He strongly suggested that the Board of Directors read the U.S. EPA comment, Volume 2, Pages 365-386, regarding HOV.  He strongly suggested that the HOV lanes be blocked off now and study the impact on Districts 5 and 8 as far as traffic impacts.

Dan Gould, Interested Citizen, asked why was it important to install the HOV lanes in the early 90’s and what changed since then that allows their removal.

Jeri Arstingstall, V.E.P. Community Association, thanked the Board of Directors for deferring the south of Neiman Project.   She noted that it seems like there is no flexibility with the HOV lanes.   She noted that the users are being punished and indicated that cars sitting in traffic create pollution.  She queried about the use of VTA passes.

Notedthat this is not the approval of the Project, it is the approval of the Environmental Impact Report, which says that the process has addressed all the issues required to under California Environmental Quality Act (CEQA).

Referredto the Capitol Expressway issue and requested that staff research the public record and pull out all the testimony, comments, and the recommendation made to go ahead and allow the HOV lanes to be installed.  

Notedthe importance of getting the information out to the communities, especially to the members of the Evergreen Visioning Team.

Noted that the Downtown East Valley Policy Advisory Board (DTEV PAB) is still going through the process of their work and noted while the HOV lanes have been of some concern, there is also issues around phasing and what the timeline is on that and what the implications are for the Alum Rock component of this as well that have not been resolved. 

Requested that the DTEV PAB receive the history regarding the HOV lanes and that staff present the information to the impacted neighborhoods.

Noted the interest of knowing how the public feels on the HOV lanes issue.

  
8.

PUBLIC PRESENTATIONS

Mr. Bradley provided a letter that was listed in the Cupertino Courier to the Board of Directors regarding the way passengers were recently mistreated by a bus operator on VTA Bus Line #22 at approximately 3:00 a.m. 

Mr. Cribari expressed concern regarding the Stop Annunciation and Date and Time Systems on VTA buses. 

  
9.

Policy Advisory Committee (PAC) Chairperson’s Report

Dolly Sandoval, PAC Member and former PAC Chairperson, provided a report on the April 14, 2005, PAC Meeting, highlighting: 1) Discussed the VTA Board’s approved changes to the PAC By-laws and will continue to discuss those at future PAC Meetings; 2) Discussed the status of SB 680, which would authorize a registration fee of $5 per vehicle to fund a range of local road improvements. The PAC voted to recommend that the VTA Board adopt a support position. The motioned passed unanimously with two members abstaining; 3) Unanimously approved a recommendation that the VTA Board approve the programming of FY 2005-06 Transportation Fund for Clean Air Program Manager funds (TFCA 40%) to projects, and approve a fund exchange with MTC whereby VTA would exchange TFCA 40% funds for CMAQ funds to be used to fund the Bicycle Expenditure Program projects; 4) Voted 12 to 1 to recommend that the VTA Board adopt the proposed criteria for programming federal STP funds to local streets and roads rehabilitation projects for FY 2005-06; 5) Discussed the results of the PAC Workshop and unanimously approved a recommendation that the VTA Board of Directors authorize PAC to be a part of the process to develop an alternative plan for the �-cent and no new sales tax scenario and to review the staff report; and prepare a recommendation for Board consideration; and 6) Items currently scheduled for the May meeting include: a. ACE Budget, b. Caltrain Budget, c. FY 2006-07 Recommended Biennial Budget, and d. Service Plan.

  

CONSENT AGENDA

Noted that there is a member of the public asking to speak to the following Agenda Item and requested that it be removed from the Consent Agenda and placed on the Regular Agenda: Item #11. Adopt a support position for SB 680 (Simitian), which allows the Board of Directors of the Santa Clara Valley Transportation Authority (VTA) to impose a surcharge of up to $5 on motor vehicles registered in Santa Clara County for an eight-year period to fund various transportation improvements. 

 

 

  
10.

Approved the Minutes of the Regular Board of Directors’ Meeting of March 30, 2005.

  
 

ADMINISTRATION AND FINANCE COMMITTEE

11.

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

Adopt a support position for SB 680 (Simitian), which allows the Board of Directors of the Santa Clara Valley Transportation Authority (VTA) to impose a surcharge of up to $5 on motor vehicles registered in Santa Clara County for an eight-year period to fund various transportation improvements. 

  
12.

Authorized the General Manager to purchase insurance coverage for Excess Liability, General and Auto Liability, Public Officials Errors and Omissions Liability, Property/Boiler and Machinery, Inland Marine for Buses, Vans and Mobile Equipment, Inland Marine for Light Rail Vehicles, and Flood exposures, for the annual Operations Program insurance renewal for an amount not to exceed $1,800,000. 

  
13.

Approved Work Program and Cost Share Principles for the Santa Clara Valley Habitat Conservation Plan (HCP)/Natural Community Conservation Plan (NCCP). 

  
14.

Adopted Resolution No. 05.05.05 authorizing the filing of an annual claim to the
Metropolitan Transportation Commission (MTC) for allocation of FY 2005 – 2006 Transportation Development Act (TDA) and State Transit Assistance (STA) funds. 

  
15.

Authorized the submittal of project applications to the Metropolitan Transportation Commission (MTC) for programming Section 5307 Urbanized Area (UA) Formula and Section 5309 Fixed Guideway (FG) funds in the Transportation Improvement Program (TIP) in Fiscal Years 2006 through 2008.   Resolution No. 05.05.06

  
16.

Approved the Interest Rate Swap Policy, which establishes guidelines for the use and management of swap transactions in connection with the issuance of new debt or the management of outstanding debt. 

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

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

TRANSIT PLANNING AND OPERATIONS COMMITTEE

17.

Authorized the General Manager to execute a Memorandum of Understanding (MOU) with the Bay Area Rapid Transit District (BART) and the Metropolitan Transportation Commission (MTC) to continue to administer the Regional Transit District Connection Discount Card Program for an additional five-year period with options for two one-year extensions. 

  
  
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REGULAR AGENDA

  
11.

Adopted a support position for SB 680 (Simitian), which allows the Board of Directors of the Santa Clara Valley Transportation Authority (VTA) to impose a surcharge of up to $5 on motor vehicles registered in Santa Clara County for an eight-year period to fund various transportation improvements. 

Mr. Bradley expressed concern regarding the $5 vehicle license fee for the County of Santa Clara that will go towards various road improvements. 

Laura Stuchinsky, Silicon Valley Leadership Group, asked that the Board of Directors support SB 680. 

Carl Guardino, Silicon Valley Leadership Group, noted that the Silicon Valley Leadership hopes that the Board of Directors will support Senator Simitian’s bill to help our Valley and its residents with some of our highest priority transportation needs. 

Referred to the speaker who indicated that SB 680 was anti-business and queried about the benefit to businesses.

Queried about the process to solicit support from all of the cities and the County of Santa Clara.

Mr. Guardino thanked Supervisors Gage and Kniss for their support.

Congratulated the Silicon Valley Leadership Group.

  
 

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

18.

Adopted Resolution No. 05.05.07 authorizing the General Manager or Chief Financial Officer to take all necessary actions, enter into agreements and execute documents for VTA to issue refunding bonds in a par amount not to exceed   $185 million, the proceeds of which will refund a portion of VTA’s 2001 Sales Tax Revenue Bonds and pay the cost of issuance; and further authorized the General Manager or Chief Financial Officer to enter into one or more interest rate swap agreements, provided the net present value savings of the refunding bonds together with, the interest rate swap agreements, equals or exceeds 5 percent of the refunding bond size. 

Commended staff on a job well done.

Noted the need to be very diligent in the risks to be taken.

Recommended that staff provide periodic status reports on the item.  Staff noted that the Swap Policy approved earlier tonight will require an annual report.

  
19.

Authorized the General Manager to amend the Route 87 (North) HOV contract with RGW Construction by $2,115,280 for a new contract amount of $24,106,242, and affirm that change order authority delegated to the General Manager is based on the new contract amount. 

  
 

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

20.

Adopted the proposed process and criteria for programming Federal Surface Transportation Program (STP) Funds to Local Streets and Roads Rehabilitation Projects in FY 2005-06. 

  
21.

Approved the programming of FY 2006 Transportation Fund for Clean Air Program Manager (TFCA 40%) funds to projects, and further approved a fund exchange with the Metropolitan Transportation Commission (MTC) whereby VTA would exchange TFCA 40% funds for Congestion Mitigation and Air Quality (CMAQ) funds to be used to fund the Bicycle Expenditure Program (BEP) projects.

  
 

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

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

22.

(Removed from the Agenda.)       

Consider additional 2000 Measure A Revenue and Expenditure Scenarios. 

  
23.

ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

(Deferred)

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.) (Deferred from March 30, 2005 Board of Directors’ Meeting.)

Referred to a letter addressed to the VTA Board of Directors from City of San Jose Councilmember Chuck Reed regarding the proposed Hyundai Riverfront Housing Site (River Oaks Park-1).   Requested that the item be agendized at the June 2, 2005 Board of Directors’ Meeting.

Board Member Gonzales left the meeting at 7:30 p.m.

  
24.

LEGISLATIVE REPORT

Referredto AB 1112 (Cohn) – Loitering: Transit Facilities and queried if there were any updates to the bill.

Accepted as contained in the Agenda Packet.

  
25.

SUMMARY MINUTES FROM STANDING COMMITTEES

A.             Administration and Finance Committee

Provided a report on the April 21, 2005 Administration and Finance Committee Meeting, highlighting the Recommended Biennial Budget for Fiscal Years 2006 and 2007.

B.             Congestion Management Program and Planning Committee

Accepted as contained in the Agenda Packet.

C.             Transit Planning and Operations Committee

Accepted as contained in the Agenda Packet.

  
26.

REPORTS FROM ADVISORY COMMITTEES

A.   Committee for Transit Accessibility (CTA)

Accepted as contained in the Agenda Packet.

B.   Citizens Advisory Committee (CAC)

Accepted as contained in the Agenda Packet.

 

C.  Bicycle & Pedestrian Advisory Committee (BPAC)

Accepted as contained in the Agenda Packet.

D.  Technical Advisory Committee (TAC)

Accepted as contained in the Agenda Packet.

E.  Policy Advisory Committee (PAC)

Accepted as contained in the Agenda Packet.

  
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

B.             Capitol Corridor JPB

C.             Dumbarton Rail Corridor Policy Committee

D.             Metropolitan Transportation Commission (MTC)

  
28.

REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A.             Vasona Light Rail PAB 

There was no report from the Vasona Light Rail PAB.

B.             Silicon Valley Rapid Transit Corridor PAB 

Accepted as contained in the Agenda Packet.

C.             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.

E.         Community Oriented Design Enhancement  (CODE) Committee 

Accepted as contained in the Agenda Packet.

  
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 7:35 p.m.                        

  
  
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