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SPECIAL BOARD OF DIRECTORS MEETING

June 16, 2005
12:00 P.M.

Council Chambers
City of San Jose
801 North First Street
San Jose, California

Minutes

1. CALLED TO ORDER

The Special Meeting of the Santa Clara Valley Transportation Authority’s (VTA)
Board of Directors was called to order by Chairperson Pirzynski at 12:03 p.m. in the
Council Chambers, City of San Jose, 801 North First Street, San Jose, California.

ROLL CALL            

Members Present                                                          Members Absent
Nora Campos                                                                  Jim Beall (Ex-Officio)
Dave Casas
Cindy Chavez, Vice Chairperson
Dean Chu
Dave Cortese
Don Gage
Ron Gonzales
Liz Kniss
Bob Livengood
Jamie Matthews
John McLemore (Ex-Officio)
Joe Pirzynski, Chairperson
Forrest Williams

Alternates Present                                         Alternates Absent
Breene Kerr, Alternate                                      Ken Yeager, Alternate
Dennis Kennedy, Alternate                                              
Pete McHugh,
Dolly Sandoval, Alternate  

* Alternates do not serve unless participating as a Member.

A quorum was present.

  
2. ORDERS OF THE DAY

Chairperson Pirzynski stated there are two additional items to the Agenda which were forwarded to Board Members: Item # 5.X., Consider a request from VTA Board Member Ron Gonzales regarding the Long-Term Capital Expenditure Plan and  Item 5.X.X. Authorizing the General Manager to execute a cooperative agreement with the California Department of Transportation (Caltrans) to obligate the amount of $380,000 for the installation of Caltrans of two closed-circuit television (CCTV) cameras for freeway system management on the State Route 237 at the interchanges of Lawrence Expressway and North First Street. 

Chairperson Pirzynski proposed that with the exclusion of Item 5.X., Consider a request from VTA Board Member Ron Gonzales regarding the Long-Term Capital Expenditure Plan, the remainder of the agenda be taken under Consent, including Item 5.X.X., Authorizing the General Manager to execute a cooperative agreement with the California Department of Transportation (Caltrans) to obligate the amount of $380,000 for the installation of Caltrans of two closed-circuit television (CCTV) cameras for freeway system management on the State Route 237 at the interchanges of Lawrence Expressway and North First Street.  Chairperson Pirzynski requested once action is taken on those items, proceeding to Item 5.X., Consider a request from VTA Board Member Ron Gonzales regarding the Long-Term Capital Expenditure Plan.

Chairperson Pirzynski stated staff requested deferral of Agenda Item #6., Authorize the General Manager to execute a contract with the lowest responsible bidder for construction of the Route 17 Improvements - Project 17E, a 1996 Measure B Transportation Improvement Program (MBTIP) project to the August 4, 2005 Board of Directors Meeting.

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

Chairperson Pirzynski stated staff also requested deferral of Item #12., Lease Agreement with Clear Channel Outdoor for Eight Billboard Sites on the Western Pacific Milpitas Line to the August 4, 2005 Board of Directors Meeting.

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

  
3. PUBLIC PRESENTATIONS

Ralph Qualls, City of Cupertino, thanked VTA for continued support of the Mary Avenue Bridge Project, said goodbye to long-time friend, Peter M. Cipolla, General Manger,  and noted  Mr. Cipolla’s hard work and dedication.

Member Kniss took her seat at 12:10 p.m.

  
4. VTA Light Rail Operators Win International Rail Rodeo

Matthew O. Tucker, Chief Operation Officer, stated that VTA’s light rail operators team consisted of Larry Marquardt and Bhupinder “Larry” Bajwa, won Annual Public Transportation Association’s 13th Annual International Rail Rodeo on June 4, 2005, in Pittsburgh, Pennsylvania. 

Mr. Tucker expressed his pride in the Operators for their professionalism, their performance, and how they handled themselves. 

  

CONSENT/REGULAR AGENDA

5. State Legislative Positions: Support

M/S/C (Chavez/Campos) to adopt a support position for:   AB 189 (Horton) – Establishes a coordinated environmental review and permitting process for three highway capacity enhancement demonstration projects; AB 267 (Daucher) – Allows a local or regional entity to expend its own funds for any component of a project within its jurisdiction prior to the allocation of State Transportation Improvement Program (STIP) dollars for the project by the California Transportation Commission (CTC), provided that the project is programmed  in the current year of the STIP.  Provides that there shall be no time limit by which a local or regional agency may seek reimbursement for advancing its own funds, but specifies that the project must be included in the adopted STIP when the allocation request is approved by the CTC; AB 691 (Hancock) – Authorizes a local jurisdiction to declare that any specific plan or redevelopment plan adopted prior to January 1, 2006, that conforms to certain requirements constitutes a transit village plan; AB 765 (Salinas) – Authorizes Caltrans to enter into a contract, either directly with a public motor carrier in Monterey County or indirectly with that carrier through a contract with Amtrak, to provide mixed-mode feeder bus service between San Jose and Monterey via Gilroy; and AB 1704 (Richman) and SB 641 (Campbell) – Requires the California Public Utilities Commission (PUC) to re-establish the right of retail end-use electricity customers to acquire power from energy service providers other than the investor-owned utilities.

  
5.X. (Moved to the end of the Consent/Regular Agenda)

Consider a request from VTA Board Member Ron Gonzales regarding the Long-Term Capital Expenditure Plan:  (1) adopt a series of recommended assumptions and draft parameters; (2) request staff apply that series of assumptions and draft parameters to develop a draft Long-Term Capital Expenditure Plan; and, (3) schedule this draft Long-Term Capital Expenditure Plan for discussion and consideration for further direction at a subsequent VTA Board of Directors Meeting.

The Agenda was taken out of order.

  
5.X.X. Cooperative Agreement to Install Two Closed-Circuit Television (CCTV) Cameras on State Rout 237

M/S/C (Chavez/Campos) to authorize the General Manager to execute a cooperative agreement with the California Department of Transportation (Caltrans) to obligate the amount of $380,000 for the installation by Caltrans of two closed-circuit television (CCTV) cameras for freeway system management on State Rout 237 at the interchanges of Lawrence Expressway and North First Street. 

  
6. (Deferred to the August 4, 2005 Board Meeting)

Authorize the General Manager to execute a contract with eth lowest responsible bidder for construction of the Route 17 Improvements – 17E Construction Contract Award.

  
7. 1996 Measure B Transportation Improvement Program Route 85 Noise Mitigation Project Construction Contract Award

M/S/C (Chavez/Campos) to authorize the General Manager to execute a contract in the amount of $5,388,732 with Penhall Company, the lowest responsible bidder for construction of the Route 85 Noise Mitigation Project, a 1996 Measure B Transportation Improvement Program (MBTIP) project.

  
8. Amendment to Countywide Bicycle Expenditure Program

M/S/C (Chavez/Campos) to approve amendments to the Countywide Bicycle Expenditure Program project list as presented.

  
9. FY 2006 Transportation Development Act (TDA) Article 3 Project Priorities

M/S/C (Chavez/Campos) to approve project priorities for the FY 2006 Countywide Development Act (TDA Article 3) program.

  
10. Revised Recommended FY 05-06 Congestion Management Program Work Program, Budget and Member Agency Fees

M/S/C (Chavez/Campos) to approve the revised Recommended FY 05-06 Congestion Management Program Work Program, Budget and Member Agency Fees Schedule for     FY 05-06 through FY 10-11.

  
11. Re-Program Local Program Reserve Funds from the Vasona Light Rail Project (Winchester Extension) to Downtown Light Rail Platform Retrofit Project

M/S/C (Chavez/Campos) to approve the re-programming of $2.5 million in Local Program Reserve funds from the Vasona Light Rail Project (Winchester Extension) to the Downtown Light Rail Platform Retrofit Project. 

  
12. (Deferred to the Meeting of August 4, 2005)

Authorize the General Manager to execute eight signboard lease agreements with Clear Channel Outdoor to allow for placement of billboards on VTA property for an initial term of five years each, plus five additional one-year extensions, at a rate of $1,500 per year for single-faced signs and $3,000 per year for double-faced signs.   This agreement is subject to termination by VTA on 90 days’ written notice to accommodate transportation uses, or a sale, lease or transfer of the property.

  
13. 13. City of San Joses Transportation for Clean Air (TFCA) application for the Edenvale Shuttle

M/S/C (Chavez/Campos) to support the City of San Jose’s Transportation For Clean Air (TFCA) application for the Edenvale Shuttle.  (Referral from Board Member Williams at the June 2, 2005 Board of Directors Meeting)
  
14. Designation of General Manage Pro Tempore During General Manager Absence

M/S/C (Chavez/Campos) to adopt Resolution No. 05.06.11 amending the list of officers from whom the General Manager may designate as General Manager Pro Tempore to include Board Secretary and Chief Construction Officer.
  
5.X. Long Term Capital Expenditure Plan

Board Member Gonzales noted that it is time to begin serious dialogue about what Board Members are willing to do to keep the promise that was made to the voters in 2000.  

Board Member Gonzales commended staff on the scenarios presented but noted VTA is not in a position to offer proposals to reallocate funding.

Board Member Gonzales clarified that the memo is not a call for quarter-cent sales tax but rather a means to open up necessary dialogue by offering suggestions on how the region may be able to substantially deliver what was promised to the voters in 2000.   Board Member Gonzales stated that the objection is to create as many wins as possible for as many of the regional jurisdictions as possible as soon as possible. 

Board Member Gonzales requested the Board of Directors authorize staff to use the suggested guidelines to develop a new plan to be brought back to the Board of Directors at their meeting of September 2005.

Board Member Gonzales noted while BART to Santa Clara County must remain the top priority, he reducing the number of Downtown San Jose BART stations by one.  Board Member Gonzales stated that the only way to reach regional consensus is if the rest of the regional is also prepared at taking a hard look at what they can do to get as much out of the Measure A Program delivered.  

Ross Signorino, Interested Citizen, expressed concern regarding Member Gonzales’ memorandum and stated the public needs to be approached in a way that they can trust in what the Board Members are saying and requesting.

Kevin Kittle, Interested Citizen, stated he is against a quarter-cent sales tax increase; there is no need for a sales tax increase because Board of Directors can save money by not building BART to San Jose.   Mr. Kittle informed Mr. Cipolla how much he enjoyed having him at VTA and that it has been a pleasure.

Members Cortese and Kniss took left their seats at 12:23 p.m.

Jim Tucker, San Jose Silicon Valley Chamber of Commerce, stated that the Chamber strongly endorses Mayor Gonzales’ proposal for a comprehensive long-term capital expenditure program. 

Members Cortese and Kniss took their seats at 12:24 p.m.

Yuriko Kishimoto, Policy Advisory Committee (PAC) Chairperson, stated that PAC has not been given the chance to discuss the parameters and requested time to allow PAC and City Groupings to have a significant discussion before the Board of Directors adopts the parameters.   Ms. Kishimoto read into the record a letter from City of Palo Alto Mayor Jim Burch.

Dear Mr. Pirzynski: 

For many years now, the City of Palo Alto has supported investments in regional public transportation.   All those who live and work in our community have a stake in the success of public transportation in our region.   Thus, the City of Palo Alto supports development of cost-effective VTA Capital Expenditure Plan. 

The Palo Alto City Council voted on March 21, 2005, not to endorse either the proposed VTA Capital Expenditure Plan or the proposed one-half cent sales tax increase necessary to fund the Plan.   Instead, Council endorsed the following:

  1. Moving the Palo Alto Intermodal Transit Center to 2015 from 2030;

  2. Removal of funding for the Silicon Valley Transit Corridor (BART Extension) Project from the proposed VTA Long-Term Capital Investment Program until a cost-effective, feasible, and financially sustainable alternative to the current BART project;

  3. Development of and sufficient funding to be provided in the proposed VTA long-term capital investment program for cost-effective feasible and financially sustainable alternative to the current BART Extension program.

The City does not believe that revisions proposed to the VTA Long-Term Capital Investment Plan proposed by San Jose Mayor Ron Gonzales in his June 8th VTA Board Memorandum meet the criteria set by the Palo   Alto Council.    The City believes that the VTA Capital Expenditure Plan can and should be revised according to these Palo Alto criteria.   Thus, the City of Palo Alto urges you and your VTA Board colleagues to consider instead the following parameters and next steps for the VTA Long-Term Capital Investment Plan:   Therefore, on these parameters we urge you to consider the following parameters:

  1. Bringing funding for the Palo Alto Intermodal Transit Center forward to the year 2015 or earlier;

  2. Establishment by the VTA Board of a set of cost-effective criteria for the Silicon Valley Rapid Transit Corridor (BART Extension) Project as well as for public transportation investments system-wide;

  3. Focusing the VTA capital investments on meeting regional travel demand to the year 2030, with specific reference to the major travel corridors as defined by data and VTP2030;

  4. An openness to consideration of all technological and operational alternatives to serving the Silicon Valley Rapid Transit Corridor, including expedited (“Baby Bullet”-style) and electrified commuter rail service, transit bus service on dedicated busways, limited stop light rail operations, and other alternatives to deployment of BART technology.   These alternatives should be evaluated both as the extent they offer a competitive travel time alternative to the automobile and also as to their initial capital and on-going subsidiary requirements;

  5. Convening of a Silicon Valley regional forum on public transportation in Santa Clara County to include national and international experts in public transportation and elected officials from throughout the county, and the general public;

  6. Revising the proposed VTA Capital Expenditure Plan based on the vision arising from this Silicon Valley regional forum on public transportation.

Palo Alto appreciates the VTA Board of Directors’ consideration of these parameters and next steps toward a more cost-effective VTA Capital Expenditure Plan.   Sincerely, Jim Burch, Mayor.

Shiloh Ballard, Silicon Valley Leadership Group, stated that the Silicon Valley Leadership Group strongly supports Member Gonzales’ proposal that staff develop an alternative long-range capital expenditure plan, they believe the parameters outlined in the alternatives are the correct parameters because the maximize transportation benefits to all Santa Clara County commuters, realize voters’ top priorities, and stretch taxpayer dollars as far as possible.

Breene Kerr, Los Altos Hills Mayor and VTA Board Alternate, thanked Board Member Gonzales for his excellent list of suggestions and stated they are the first part of a process that all need to engage in to reach consensus that among all the cities in the County of Santa Clara. 

Alternate Board Member Kerr stated   Ms. Kishimoto’s recommendation this item go before PAC is an important one for the Board of Director’s consideration because the success of any sales tax increase measure that may be proposed would be dependant up a consensus among all of the cities in the County of Santa Clara.

Alternate Board Member Kerr would like to see a Plan B or a plan for what happens if there is no tax increase..

Alternate Board Member Kerr Expressed concern regarding the 30 years the City of Palo Alto will have to wait for the Intermodal Station. 

Alternate Board Member Kerr requested considering a hybrid locomotive research project with regard to the Caltrain Electrification.

Chairperson Pirzynski Recommended the possibility of a Board Workshop directed specifically to discuss the Long-Term Capital Expenditure Plan either on  September 16, 2005 or September 23, 2005.    

Chairperson Pirzynski stated the Board of Directors need to take a long and analytical look at proposals and use the advisory bodies to their maximum.

Margaret Okuzumi, Bayrail Alliance, stated that in the Year 2000, the Transportation and Land Use Coalition (TALC), Bayrail Alliance, the Sierra Club, and other groups opposed Measure A and the Bayrail Alliance has a proposal for building rail for the whole County that we would like to present to the Board. 

Dennis Kennedy, Mayor of the City of Morgan Hill and VTA Board Alternate, thanked Mayor Gonzales for his proposal. 

Alternate Board Member Kennedy stated he agrees with Ms. Kishimoto that it would be very helpful to have this go to PAC to further build consensus.

Alternate Board Member who stated he supports a half-cent countywide sales tax.

Alternate Board Member Kennedy expressed concern regarding delaying the People Mover and stated he favors doubletracking for Caltrain to South County and in the reverse.

Bob Brownstein, South Bay Labor Council, stated he is in favor of the objectives in the Member Gonzales’ memorandum.

Member Gage read into the record a statement from Supervisor Blanca Alvarado: 

Since 1999 VTA has been working with the Community to improve transportation systems in East San Jose.   The Community and VTA have been strong supporters for transit improvements along Santa Clara/Alum Rock Corridor and Capitol Expressway.

In November 2000, voters approved Measure A stating that the VTA shall extend light rail from Downtown San Jose to the East Valley. 

At the April 7, 2005 Downtown East Valley Policy Advisory Board, comprised of Supervisor Alvarado, Pete McHugh, Vice-Mayor Cindy Chavez, Council Members Nora Campos and Dave Cortese unanimously and formally recommended that a Single-Car Light Rail is the preferred mode in the Santa Clara/Alum Rock Corridor.This action was brought to the Board at its April 22, 2005 Workshop and queried how the Mayor’s proposal support the wishes of the PAB and the Community.

Board Member Gage stated he appreciates moving the Capitol Program forward but expressed concern that all options are not being considered and if projects cannot be completed other alternatives should be considered and the funding should be redistributed. 

Board Member Gage requested the September 2005 Board Workshop be rescheduled for October 2005 to give the new General Manager adequate time to review the Member Gonzales’ recommendations.    Board Member Gage was advised that the documentation had already been forward to the new General Manager so he would become familiar with it.

Chairperson Pirzynski stated that Member Kerr’s recommendation that the Caltrain Hybrid concept be explored in conjunction with the electrification proposal be considered.

Board Member Matthews expressed concern regarding deferral of the People Mover and stated it is it is difficult to discuss a comprehensive transportation program and system without connection to the airport.   

Board Member Kniss expressed concern that the parameters were presented without any back up information and that recommendations in the memorandum will not be of equal benefit to the entire County of Santa Clara or VTA.

Board Member Casas extended his appreciation to Member Gonzales for his attempt at framing a necessary discussion.

Board Member Casas stressed to the importance to remember that the current Board cannot bind a future Board from taking a different position on project priorities.

Member Casas stated consensus cannot be effectively reached without true collaboration and meaningful dialogue.

Board Member Casas also stated that with the new General Manager coming and a revised Board composition in January 2006 there is a need to begin framework for a meaningful discussion on project prioritization. 

Board Member Chu clarified that $100,00 is approximately two percent of the BART project.

Board Member Chu thanked Board Member Gonzales for the attempt of creating the draft expenditure plan. 

Board Member Chu advised that the timing of each of the items is missing from the parameters. 

Board Member Cortese encouraged staff, Chairperson and Vice Chairperson of the Board of Directors to consider alternatives to the Board’s usual meeting practice in engaging the Members in dialogue.

Board Member Cortese requested and received clarification that with regard to Item #6, the first sentence is relative to Santa Clara/Alum Rock Environmental Report (EIS) – Downtown East Valley.

Board Member Gage recommended the Board of Directors explore all the funding sources for all of the projects, make a determination, and have a Plan B with regard to redistribution of funding. 

Vice Chairperson Chavez stated the intent of the recommendations are an olive branch and should not be considered a stick in the eye.

Board Member Williams encouraged staff to consider VTA’s regional strategy and what VTA intends to do with its transportation efforts.

Board Member Casas stated the memorandum is a catalyst for discussion even though the premises contained within the memorandum are not appropriate. 

Vice Chairperson Chavez encouraged her colleagues to think about other ideas they would like to put on the table for discussion.

Chairperson Pirzynski recommended moving forward as efficiently and thoroughly as possible with the current proposal in its time frame and revisit in the next couple of months.

Member Gonzales thanked his colleagues for their comments, support, and non-support of the motion.

M/S/C (Gonzales/Chavez) on a vote of 10 ayes 2 noes and 0 abstentions   to approve considering a request from VTA Board Member Ron Gonzales regarding the Long-Term Capital Expenditure Plan:  (1) adopt a series of recommended assumptions and draft parameters:  1. Assume a quarter-cent increase in the sales tax revenue; to move the BART project forward as the priority project on an optimum schedule for construction and operations; 3. Reduce the number of BART stations in Downtown San Jose by one station by combining the Civic Center and Market Street stations (estimated potential savings: $100 million); 4. Continue to look for additional construction cost savings on the BART project; 5. Upon completion of the ridership modeling studies, consult with BART staff to consider phasing in rolling stock for BART operations as ridership increases. This would mean potentially buying additional rolling stock as ridership demand grows.  In the meantime, any identified capital and/or operating savings in the early years of service should be used to build or operate other Measure A projects (estimated potential savings: unknown); 6. Bring both light rail and bus rapid transit options forward for consideration in the EIR of the Downtown East Valley (DTEV) project.  Both full and partial light rail options need to be brought forward for consideration.  If there are cost savings in the project, they should be used to advance the construction and/or operation of projects in other areas of the region (estimated potential possible savings: $50-200 million).  However, if there are any savings after a mode option is selected, San Jose will need to have assurances that adequate capital funding will be retained to construct the selected mode option before those savings are reallocated to other projects; 7. Defer constructing and operating the Airport people mover until at least 2020 unless other funding is identified outside Measure A; 8. Provide an ongoing level of funding for Caltrain capital and service upgrades from the beginning of the Measure A 30-year program; 9. Begin Caltrain electrification once San Francisco and San Mateo counties can demonstrate they have secured and committed their shares of the project’s funding.  If they have not secured their shares of the projected costs by 2016 (ten years after the beginning of the Measure A program), this funding should be re-allocated to other Measure A project ready for construction except BART (possible estimated potential savings:  $300 million); 10. Assume VTA will meet its commitment to the Dumbarton Rail Corridor;  11. Assume there will be only (instead of at least) two new Light Rail Transit extensions as promised to voters in Measure A (estimated potential savings:  $100-400 million);  12. Consider Bus Rapid Transit in proposed LRT extension corridors where appropriate; 13. Assume extension of light rail only to Eastridge in the DTEV project.  Consider any future extension to Nieman and beyond for separate funding as a potential new LRT extension; 14. Use any identified Measure A savings to the extent possible to advance the timeline for constructing as many Measure A projects as possible (except BART); 15. Continue and expand scrutiny of current VTA operations to identify opportunities to better serve Measure A program objectives; and 16. Allow any revenues generated by local land development opportunities that can add value to VTA properties to remain within the generating jurisdiction to be applied to transportation improvements within that jurisdiction as a reward for transit-oriented “smart growth” development;  (2) request staff apply the series of assumptions and draft parameters to develop a draft Long-Term Capital Expenditure Plan; (3) schedule this draft Long-Term Capital Expenditure Plan for discussion and consideration for further direction at a subsequent VTA Board of Directors’ meeting; and further: a) explore Caltrain hybrid concept explored in conjunction with the electrification proposal; b) include Policy Advisory Committee (PAC) in discussions regarding the Plan to provide their input to the Board of Directors; c) explore all funding sources for all projects, d) study both Single Car Light Rail and Enhanced Bus proposals in the Santa Clara/Alum Rock Environmental Impact Report – Downtown East Valley.

  

OTHER

15. ANNOUNCEMENTS

Chairperson Pirzynski thanked Mr. Cipolla for all of his work and wished him well in his retirement.
  
16. ADJOURNMENT

On order of Chairperson Pirzynski, there being no objection, the meeting was adjourned at 1:24 p.m. in memoriam of Tom Lacy.

Respectfully submitted,

Gilda M. Grozdanich, Board Assistant
VTA Board of Directors

 

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