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CALLED TO ORDER

The Regular Meeting of the Santa Clara Valley Transportation Authority’s (VTA)Board of Directors was called to order by Chairperson Pirzynski at 5:32 p.m. in the Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, San Jose, California.

ROLL CALL

Members Present                                                         
Nora Campos                                                                     
David Casas                                                              
Cindy Chavez, Vice Chairperson     
Dean Chu                                                                   
Don Gage                                       
Ron Gonzales
Liz Kniss
Bob Livengood
Jamie Matthews
Joe Pirzynski, Chairperson
Forrest Williams                     

Member Absent
Jim Beall, Ex-Officio
David Cortese
John McLemore, Ex-Officio

Alternates Present                                                  
Dennis Kennedy, Alternate
Pete McHugh
Ken Yeager

Alternates Absent
Dennis Kennedy, Alternate         
Breene Kerr, Alternate 
Dolly Sandoval

* Alternates do not serve unless participating as a Member.

A quorum was present.

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

Board Member Kniss arrived at the meeting and entered Closed Session at 5:35 p.m.
Board Member Chavez arrived at the meeting and entered Closed Session at 5:36 p.m.
Alternate Board Member Yeager arrived at the meeting and entered Closed Session at 5:39 p.m.

RECONVENED TO OPEN SESSION at 5:42 p.m.

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

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

Position to be Filled: General Manager

Chairperson Pirzynski read the three items discussed in Closed Session.

Amend the Memorandum of Agreement between Santa Clara Valley Transportation Authority and Service Employees International Union (SEIU), Local 715

M/S/C (Chavez/Matthews) to authorize the General Manager to amend the current labor agreement and to increase the wage rate for SEIU, Local 715 represented employees. 

Amend the Memorandum of Agreement between Santa Clara Valley Transportation Authority and Transportation Authority Engineers and Architects

M/S/C (Chavez/Casas) to authorize the General Manager to amend the current labor agreement and to increase the wage rate for Transportation Authority Engineers and Architects (TAEA) represented employees.  

Approval of Employment Agreement for General Manager – Michael T. Burns

John Hernan, Interested Citizen, expressed opposition to the recruitment of  Mr. Michael Burns as VTA’s General Manager.  Mr. Hernan referred to his complaint regarding MUNI buses parked in front of fire hydrants.

Chairperson Pirzynski advised the audience that the copy of the memorandum is available at the public table.

M/S/C (Chavez/Casas) to adopt the employment agreement between Santa Clara Valley Transportation authority and Michael T. Burns. 

ORDERS OF THE DAY

There were no Orders of the Day.

AWARDS AND COMMENDATIONS

Chairperson Pirzynski presented awards to Susan Emery, Administration; Ronnie Najera, Maintenance Division as VTA Employees of the Month for June 2005; and Mark Thomas as Supervisor of the Quarter.  Hector Oliva, Operations, was unable to attend.

PUBLIC PRESENTATIONS

Bob Brownstein, Working Partnerships, stated that his organization together with the     South-Bay Labor Council and a coalition of community groups, request that the Board agendize   on   a   future  agenda  the  coalition’s  proposal  to  establish  a  taskforce  focused on   designing innovative ways   to increase bus and light rail ridership.    Mr.   Brownstein referred to the letter sent to the Board of Directors on May 31, 2005, and noted that the coalition suggests that the taskforce be named Ridership Initiative to Develop Energy-efficiency (RIDE).   Mr. Brownstein  explained  that  the name indicates an approach that increases ridership, addresses escalating costs of fuel, and the society’s need for greater energy efficiency and independence.  Mr. Brownstein expressed desire to discuss the proposal with VTA staff in the interim.

Board Member Livengood commented that this is an outstanding approach in examining and increasing ridership.  Board Member Livengood expressed that this item should be put in future agenda to begin dialogue and noted that timing is good, as VTA has a new General Manager coming in. 

Chairperson Pirzynski stated that the coalition of agencies is very broad based and is an interesting and unique opportunity to investigate what can be done to increase ridership. 

Tom Fink, Amalgamated Transit Union (ATU) Local 265, expressed support for the creation of RIDE taskforce as it could increase ridership.  Mr. Fink noted that people living in transit-oriented development may be a good target for such a campaign.

Janelle Ishida, Californians for Justice, expressed support for the RIDE taskforce and noted that it will be an effective partnership among community organizations, business, and labor groups.  Ms. Ishida noted that fare hikes have significantly impacted the students and parents on the East side. 

Board Member Kniss left her seat at 5:58 p.m.

Board Member Livengood suggested agendizing the creation of the taskforce on the August 2005 Board Meeting to provide sufficient time for staff to create a framework.  He stated that in the interim, staff could begin discussion with the coalition to lay groundwork and later present to the Board the conceptual ideas on how to proceed.

Board Member Kniss took her seat at 5:59 p.m.

Chairperson Pirzynski thanked the members of the coalition who requested the creation of a taskforce.

Policy Advisory Committee (PAC) Chairperson’s Report.

Yoriko Kishimoto, PAC Chairperson, provided a report on the May 12, 2005 PAC Meeting, highlighting: PAC unanimously passed staff recommendation for VTA’s allocation to the Altamont Commuter Express (ACE) and Caltrain; PAC discussed the Congestion Management Program Work Program and Budget but there is no consensus on the budget, thus there is no recommendation to the Board;  Suzanne Gifford, General Counsel, discussed PAC’s intended role, city grouping roles, and relationship to the Board.  Ms. Kishimoto advised the Board that PAC’s June 2005 meeting is cancelled and noted that the items for discussion in July 2005 include Programming the State Transportation Program (STP) Windfall, Transportation Fund for Clean Air (TFCA) Program Report, and High Speed Rail. 

CONSENT AGENDA

Minutes of April 22, 2005

M/S/C (Chavez/Gage) to approve the Minutes of the Board of Directors’ Workshop Meeting of April 22, 2005.

Minutes of May 5, 2005

M/S/C (Chavez/Gage) to approve the Minutes of the Board of Directors’ Workshop Meeting of May 5, 2005.

ADMINISTRATION AND FINANCE COMMITTEE

Light Rail Vehicle Video Surveillance Systems

M/S/C (Chavez/Gage) to authorize the General Manager to execute a contract with Viscom Products to provide and install video surveillance systems on 80 light rail vehicles and provide maintenance for three years, with an option to extend the contract on an annual basis for two additional years of maintenance.  This contract is in the amount of $1,483,144 for the first three years and $192,400 for two additional years of maintenance. 

Radio Communication System Maintenance Services

M/S/C (Chavez/Gage) to authorize the General Manager to execute a contract with Motorola Inc. to provide radio communication system maintenance services for three years, with an option to extend the contract on an annual basis for two additional years.  This contract is in the amount of $177,000 for the first year; $184,000 for the second year; $191,000 for the third year; $199,000 for the fourth year; and $207,000 for the fifth year, for a total contract value in the amount of $958,000 over a five year period.

 Corporate Performance Monitor and Budget Planning Software Implementation

M/S/C (Chavez/Gage) to authorize the General Manager to execute a contract amendment with Modis, Inc to implement SAP’s Strategic Enterprise Management (SEM) product at VTA, in the amount of $569,250 for three years, increasing the current contract authority to $869,250.

State Legislative Positions:  Support

M/S/C (Chavez/Gage) to adopt a support position for the following bills: AB 948 (Oropeza) – Allows a public transit operator to use design-build contracting for a capital maintenance or capacity – enhancing rail transit project if the project exceeds $25 million in cost, rather than $50 million as is the case in existing law; AB 1266 (Niello) – Generally allows Caltrans to award contracts for state highway projects using design-sequencing if certain requirements are met; AB 1462 (Torrico) –  Allows the sale of excess property  related to the Highway 84 Project through Fremont and Union City in Alameda County to be used to fund improvements to I-880 interchanges at Mission Boulevard and Warren Avenue; AB 1702 (Frommer) – Transfers $500 million in proceeds generated from the issuance of $15 billion in economic recovery bonds from the General Fund to the Traffic Congestion Relief Fund to be used for State Transportation Improvement Program (STIP) and Traffic Congestion Relief Program (TCRP) projects; SB 275 (Torlakson) – Requires the California Transportation Commission (CTC) to update its 10-year needs assessment of the state’s transportation system; SB 523 (Torlakson) – Makes changes to existing law to maintain the amount to be transferred monthly from the Highway Users Tax Account to the Bicycle Transportation Account at $600,000; and SCA 7 (Torlakson) – Calls for placing before the voters of the state an amendment California Constitution that would extend the existing constitutional protections for loans made from the State Highway Account or the Public Transportation Account to the General Fund to loans made from these two accounts to any other state fund or account.          

Route 25 Safety Project – Contract for Final Design

M/S/C (Chavez/Gage) to approve the use of Local Program Reserve (LPR) funds in the amount of $400,000 for the Route 25 Safety Project; and authorize the General Manager to execute a contract with URS Corporation for final design services for the project for a total value not to exceed $400,000.

Cooperative Agreement with the City of San Jose for Funding For Valley Transportation Plan 2030 Highway Projects

M/S/C (Chavez/Gage) to authorize the General Manager to execute a cooperative agreement with the City of San Jose that specifies the funding and project development responsibilities for the following Valley Transportation Plan (VTP) 2030 Highway Projects, and approve adding these projects to the VTA Capital Budget: I-280/I-880/Stevens Creek Boulevard Interchange; U.S. 101/North 4^th Street/Zanker Road Interchange; U.S. 101/Trimble Road/De La Cruz Avenue Interchange; and U.S. 101/Mabury Road Interchange.

 FY 2005-06 Transportation Fund for Clean Air (TFCA) Regional Fund Applications

M/S/C (Chavez/Gage) to adopt Resolution No. 05.06.07 authorizing filing of applications for Transportation Fund for Clean Air Regional funds to the Bay Area Air Quality Management District (BAAQMD), and authorized the General Manager to execute the Funding Agreements upon receipt from BAAQMD.

 (Deferred to the June 16, 2005 Board of Directors Special Meeting.)

Lease Agreements with Clear Channel Outdoor for Eight Billboard Sites on the Western Pacific Milpitas Line

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.

Altamont Commuter Express, FY 2005-06 and FY 2006-07 Budget Allocations

M/S/C (Chavez/Gage) to approve VTA funding of Altamont Commuter Express (ACE) commuter rail service in the amount of $3.6 million in Fiscal Year (FY) 2005 – 2006 and $3.705 million in FY 2006 - 07.

Economic, Financial, and Market Analyses for the 2000 Measure A Transit Improvement Program and VTA Joint Development Programs

M/S/C (Chavez/Gage) to approve the following list of Prime and Technical Consultants: Economic Research Associates (ERA); Economic and Planning Systems (EPS); Williams-Kuelbelbeck & Associates, Inc.; BAE Urban Economics, Inc.; Strategic Economics; and David M. Dornbusch & Company, Inc., which will be valid for a five-year period; and authorize the General Manager to execute task order contracts to perform economic, financial and market services for the 2000 Measure A Transit Improvement Program and VTA Joint Development Programs with the following firms as funds become available for each project.  Each contract will be for a maximum three-year period with an option for two additional years with a total value not to exceed $3,000,000 for all agreements. 

 Urban Design and Transit-Oriented Land-Use Studies for the 2000 Measure A Transit Improvement Program and VTA Joint Development Programs

M/S/C (Chavez/Gage) to approve the following list of Prime Consultants: Wallace Roberts & Todd (WRT), Solomon; Bottomly Associates; HOK Planning Group; Parsons Brinkerhoff (PB) Placemaking; and the following list of Technical Consultants: ROMA Design Group; Community Design + Architecture (CD+A); Van Meter Williams Pollack, LLP; Robin Chiang & Company; Field Paoli Architects; Dyett & Bhatia; Freedman, Tung & Bottomley; PGA Design, which will be valid for a five-year period, and authorize the General Manager to execute task order contracts to perform urban design and transit-oriented land-use services for the 2000 Measure A Transit Improvement Program and VTA Joint Development Programs with the following firms as funds become available for each project.  Each contract will be for a maximum three-year period with an option for two additional years with a total value not to exceed $5,000,000 for all agreements. 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

TRANSIT PLANNING AND OPERATIONS COMMITTEE

Vasona Light Rail Project Amendment to the Winchester Park and Ride, Campbell Parking Lot and Sunol/Auzerais Signal Crossing Improvements Construction Contracts

M/S/C (Chavez/Gage) to authorize the General Manager to amend the total authorized budget for the Golden Bay Construction, Inc. civil construction contract for Winchester Park and Ride and Campbell Parking Lot Improvements by an amount of $200,000, to accommodate unforeseen conditions, for a new authorized amount of $2,907,314.  This contract is one percent federally funded.

 Measure B Rail Projects – Transfer of Parcels and Easements

M/S/C (Chavez/Gage) to authorize the General Manager to execute grants of fee parcels, Public Service Easements (PSE) and easements for parcels at no cost to the City of        San Jose, City of Campbell, Caltrans, Santa Clara Valley Water District (SCVWD), Peninsula Corridor Joint Powers Board (PCJPB) and various utility companies.  

Re-Roofing Buildings A and C at River Oaks

M/S/C (Chavez/Gage) to authorize the General Manager to award a contract to Andy’s Roofing, Inc., the lowest responsive and responsible bidder, for re-roofing Buildings A and C at the River Oaks facility for $557,888. 

REGULAR AGENDA

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #35.A.)

Caltrain FY 2005-06 and FY 2006-07 Operating and Capital Budget Allocations

Frank Sharpless, Government Affairs Manager, clarified that the Caltrain’s Board of Directors approved this morning a slightly lower figure than what is depicted in the memorandum due to additional state funds and a decreased insurance premium.  Mr. Sharpless reported that the approved VTA share for Caltrain’s operating budget for FY 2005-06 is $14,800,737.  Mr. Sharpless noted that VTA’s contribution for Caltrain’s capital budget also decreased to $2,228,242 due to expected Measure B funds and ACE contributions.  Mr. Sharpless stated that FY 2006-2007 allocations have not been changed and is reflected in the memorandum. 

Alternate Board Member Yeager encouraged support for Caltrain and noted Caltrain is very lean and ridership is going up.  Alternate Board Member Yeager stated that it is good that all the partners are cooperating to address deficits.           

M/S/C (Williams/Gonzales) to approve $14,800,737 for Fiscal Year (FY) 2005 – 06 and $15,263,000 for FY 2006 – 07 to provide VTA’s share of Caltrain operating support; and $2,228,242 million for FY 2005 – 06 and $2.18 million for FY 2006 – 07 as VTA’s share of the local matching funds required for Caltrain’s Capital Budgets for these two fiscal years. 

Approval of Recommended Biennial Budget for Fiscal Years 2006 and 2007

Board Member Williams reviewed VTA’s financial condition in the past years.   There were service reductions, sales tax plummeted, and operating reserves were low.  Board Member Williams noted the strategies implemented to address the financial crisis such as implementation of service and staff reduction, improvement of productivity and efficiency, establishment of a fare policy and cost recovery target, and reduction or elimination of capital projects.  Board Member Williams further noted the completed projects such as Tasman East/Capitol Light Rail, VTP 2030, Zero Emission Bus Pilot Program, and Transitional Work Program for ATU employees.   Board Member Williams highlighted the following:  the operating budget is nearly at the same level as the Approved FY 2005 Operating Budget, recommended service has increased due to Vasona Opening, Community Bus implementation, and increase of sales tax estimate of  4.8 percent.

Board Members Kniss and Livengood left their seats at 6:09 p.m.
Board Members Kniss and Livengood took their seats at 6:10 p.m.
Board Member Gage left his seat at 6:10 p.m.

Roger Contreras, Chief Financial Officer, stated that there are three changes in the recommended budget, including: (1) increase of $250,000 per fiscal year for fuel; (2) increase of $750,000 for the ATU Pension Plan for each fiscal year; (3) minor change in wages and benefits.   As a result of the previous three changes, the operating reserves were changed from 14.9 to 14.1 percent.

Board Member Gage took his seat at 6:13 p.m.

M/S/C (Chavez/Williams) to adopt a Resolution No. 05.06.08 approving the Recommended Biennial Budget for Fiscal Years 2006 and 2007.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #35.B.)

TRANSIT PLANNING AND OPERATIONS COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #35.C.)

Service Management Plan, Fiscal Years 2006/2007

M/S/C (Gage/Chu) to adopt the FY 2006/2007 Service Management Plan recommendations and Resolution No. 05.06.09 approving a conforming change to the tariff relating to paratransit fares. 

OTHER ITEMS

Additional 2000 Measure A Revenue and Expenditure Scenarios

Jack Collins, Chief Construction Officer, presented a Powerpoint presentation entitled “Additional 2000 Measure A Revenue and Expenditure Scenarios.”  Mr. Collins noted the four ¼ cent funding scenarios:  Run 1:  BART by 2015; Run 2: BART by 2021;     Run 3: Projects ranked by Board Criteria; and Run 4: Projects ranked by the Silicon Valley Leadership Group (SVLG) Poll.  The comparison of the ¼ cent Sales Tax scenarios on Capital Program and VTA Operations were also noted.  On revenues and expenditures for the Capital Program, Run 2 has the highest ending balance because it delays the operating subsidy for BART.  On the ending reserve for VTA Operations,    Run 4 has the most significant deficit of about $97 million by 2038.  This deficit is caused by the 30-year limitation of taxes.

Board Member Chavez left her seat at 6:20 p.m.

Mr. Collins reviewed each of the scenarios revenue, expenditure, impacts to VTA’s operations, and project timelines.  Run 1 generates $18.5 billion with $1.2 billion from the new tax to fund Measure A Projects.  Expenditures for this scenario include $18.1 billion with an ending balance of $334 million, but the Airport People Mover is deferred.  This scenario provides $3.1 billion in BART Operating Subsidy to 2038, provides $2.2 billion in additional Bonding Capacity for Measure A Projects, and provides for 12.4 percent service increase, operating reserves at 15 percent, and annual operating surplus of $103 million in 2038.  Run 1 delivers the following projects:  BART SVRT Extension by 2015, Capital Expressway LRT by 2018, Enhanced Bus on Santa Clara/Alum Rock (SC/AR) by 2019, Single Car LRT on SC/AR by 2035, Bus Rapid Transit (BRT) by 2011, Caltrain Electrification by 2029, Dumbarton Rail by 2025, Palo Alto Intermodal Center by 2031, ACE Upgrades by 2014 and 2035, Vasona and Nieman corridor extensions by 2027, and undefined new rail corridors by 2034. 

Run 2 provides $20.4 billion with $4 billion from the new ¼ cent tax.  Expenditures include $18.1 billion with ending balance of $1.6 billion.  Projects will be built but there would be fewer monies for rail extensions.  Run 2 provides $2.2 billion for BART Operating Subsidy to 2038, provides additional bonding capacity, provides 12.4 percent service increase, operating reserves at 15 percent, and annual operating surplus of      $238 million in 2038.  This scenario advances some Measure A projects in the following timeline:  BART SVRT Extension by 2021, Capital Expressway LRT by 2011, Enhanced Bus on SC/AR by 2012, Single Car LRT on SC/AR by 2035, BRT by 2011, Caltrain Electrification by 2018, Dumbarton Rail by 2011, Palo Alto Intermodal Center by 2028, ACE Upgrades by 2014 and 2025, Vasona and Nieman corridor extensions by 2014, and undefined new rail corridors by 2030. 

Run 3 has very similar projections to Run 1 except that the revenue is about $19.2 billion, expenditure is about $18.9 billion, and all projects are built.  The project timelines are also similar to Run 1 except for the following:  Caltrain Electrification by 2031, Airport People Mover by 2024, Dumbarton Rail by 2027, Palo Alto Intermodal Center by 2029, ACE Upgrades by 2014 and 2024, Vasona and Nieman corridor extensions by 2030, and undefined new rail corridors by 2036.

Board Member Chavez took her seat at 6:27 p.m.
Alternate Board Member Yeager left his seat at 6:27 p.m.

Run 4, the 30-year tax with $10 million per year to cities, projects revenue of              $18.7 billion with $620 million from the new tax.  This scenario assumes expenditures of   $18.5 billion with ending balance of $173 million.  As a result, there will be fewer dollars to fund rail extensions.  Run 4 provides $2.9 billion in BART Operating Subsidy to 2037, provides 18.6 percent service increase, and operating reserves at 2038.  After that year, VTA will have an annual operating deficit of $261 million since it is only a 30-year tax.  This scenario delivers projects in the following timeline:  BART SVRT Extension by 2015, Capital Expressway LRT by 2023, Enhanced Bus on SC/AR by 2024, Single Car LRT on SC/AR is deferred, BRT by 2013, Caltrain Electrification by 2035, Dumbarton Rail by 2022, Palo Alto Intermodal Center by 2035, ACE Upgrades by 2014 and 2027, Vasona and Nieman extensions by 2034, and undefined new rail corridors by 2036. 

Mr. Collins noted the estimated weekday ridership for each project.   Mr. Collins stated that all the ¼ cent sales tax alternatives are viable except for Run 4 since without a permanent sales tax, VTA will be unable to fund its operations by FY 2038. 

Alternate Board Member Yeager took his seat at 6:29 p.m.

Mr. Collins stated that Run 1 & 3 delivers BART by 2015 but defers Eastridge Light Rail (LRT) and Caltrain Electrification and reduces funding for new LRT corridors; he added that Run 1 also defers Airport People Mover.   Mr. Collins stated that Run 2 advances Eastridge LRT, delivers Caltrain Electrification by 2018, provides less funding for new LRT extensions, delays BART, and does not deliver BART daily ridership benefits. 

Board Member Livengood expressed concern that the figure for new riders may be too low on estimated BART Extension and Caltrain electrification ridership.

Mr. Sharpless stated that the Caltrain data was derived from the environmental document of the Caltrain Electrification project.   The figure is the direct number of additional average weekday ridership in 2020 and the model used was based on travel timesavings. 

Board Member Casas left his seat at 6:36 p.m.

Board Member Gage stated that there would naturally be more riders in the future, as California’s population will significantly increase.

Board Member Gonzales stated that it may be helpful providing new Board Members with previous workshop information on projects’ environmental impacts and ridership impacts.   Board Member Gonzales noted the importance of information consistency to avoid misunderstanding.

Board Member Casas took his seat at 6:38 p.m.

Board Member Gonzales suggested that the source of information be included in the footnote.

Board Members Gonzales, Kniss and Matthews left their seats at 6:40 p.m.

Ms. Okuzumi stated that BayRail Alliance conducted an analysis on the BART Extension ridership and invited the Board Members to review that information at www.bayrailalliance.org.   Ms. Okuzumi stated that cash flow, federal, and state assumptions should be examined.   

Board Members Kniss and Matthews took their seats at 6:41 p.m.
Board Member Livengood left his seat at 6:41 p.m.

Chairperson Pirzynski expressed appreciation to staff for their work and invited the  Board Members to speak with staff if they require further explanation.

Board Member Gonzales and Livengood took their seats at 6:43 p.m.

On order of Chairperson Pirzynski, the Board of Directors considered Additional 2000 Measure A Revenue and Expenditure Scenarios.

CalPERS Contract Amendment – One-Year Final Compensation

Kaye Evleth, Chief Administrative Officer, provided brief background information.   In 2003, VTA negotiated with TAEA and Local 715 an improvement to CalPERS contract that allows for the final compensation or the single highest year.  It is required that the amendment be done for all administrative employees at one time.  This change had to be put on hold due to a long contest between County Employees Management Association (CEMA) and American Federation of State, County, and Municipal Employees (AFSCME) to determine which labor organization will represent employees who were formerly represented by CEMA.  While the appeals process is on going, these employees are not represented and, therefore, will be considered non-represented employees.  Ms. Evleth noted that if the resolution of intention is approved tonight, staff will bring back the item on the August 2005 Board Meeting for final approval. 

Alternate Board Member McHugh left the meeting at 6:50 p.m.

M/S/C (Gage/Matthews) to adopt a resolution of intention to amend the CalPERS contract to allow final compensation to be determined under Government Code §20042 – One-Year Final Compensation – for employees covered under the CalPERS retirement plan and publish the estimated costs of implementing the contract amendment. 

ITEMS OF CONCERN AND REFERRal TO ADMINISTRATION

Legacy Partners River Oaks Park Covenants, Conditions, and Restrictions Amendment

Jesse Couch, Legacy Partners Residential Development, Inc., urged support for execution of the amendment of the River Oaks Park conditions, Covenants and Restrictions (CC&R’s) to delete the prohibition of residential uses.

Board Member Kniss left her seat at 6:54 p.m.

Board Member Livengood inquired whether the motion reflects Council Member Reed’s  request.

Board Member Chavez responded that the motion reflects Council Member Reed’s request and the additional conversation of VTA staff with Legacy Partners.

M/S/C (Chavez/Casas) to authorize execution of an amendment to the River Oaks Park Conditions, Covenants and Restrictions (CC&R’s) to delete the prohibition of residential uses, upon satisfaction of the following conditions:  1.  Evidence that each of the River Oaks Park property owners, other than VTA, have consented to such a change; 2.  Adequate provisions are made to protect VTA’s interests as described in the March 7, 2005 letter from VTA to Hyundai Merchant Marine America, Inc. (HMMA):    1. A traffic study to assess the impacts of vehicular and pedestrian traffic through our campus from the proposed Legacy Project.  Proposed improvements to address those impacts should be presented to VTA in some detail for evaluation.  Hyundai Merchant Marine America Inc.  (HMMA) or Legacy Partners must agree to be responsible to construct all such improvements and maintain them over time; 2. A revised site plan that locates tall buildings away from our property line to prevent or lessen view and shadows cast over our property by the Legacy Project; and 3.  A means of providing notice to the future residents of the Legacy Project that VTA may market or redevelop its campus property for a more intense use as permitted in the North First Street Plan.  Legacy Partner needs to propose documentation that can be recorded to provide such notice, and provide other proposals to achieve that purpose.

LEGISLATIVE REPORT

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

SUMMARY MINUTES FROM STANDING COMMITTEES

A.  Administration and Finance Committee

On order of Chairperson Pirzynski, there being no objection, the
Administration and Finance Committee Report was accepted as contained in the Agenda Packet

B.  Congestion Management Program and Planning Committee

On order of Chairperson Pirzynski, there being no objection, the
Congestion Management Program and Planning Committee Report was accepted as contained in the Agenda Packet.

C.  Transit Planning and Operations Committee

On order of Chairperson Pirzynski, there being no objection, the
Transit Planning and Operations Committee Report was accepted as contained in the Agenda Packet.

REPORTS FROM ADVISORY COMMITTEES

A. Committee for Transit Accessibility (CTA)

On order of Chairperson Pirzynski, there being no objection, the
Committee for Transit Accessibility (CTA) Report was accepted as contained in the Agenda Packet.

B. Citizens Advisory Committee (CAC)

On order of Chairperson Pirzynski, there being no objection, the
Citizens Advisory Committee (CAC) Report was accepted as contained in the Agenda Packet.

C. Bicycle & Pedestrian Advisory Committee (BPAC)

There was no report from BPAC.

D. Technical Advisory Committee (TAC)

On order of Chairperson Pirzynski, there being no objection, the
Technical Advisory Committee (TAC) Report was accepted as contained in the Agenda Packet.

E. Policy Advisory Committee (PAC)

On order of Chairperson Pirzynski, there being no objection, the
Policy Advisory Committee (PAC) Report was accepted as contained in the Agenda Packet.

REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS

Chairperson Pirzynski 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.

B.  Capitol Corridor JPB

Board Member Williams reported that the Capitol Corridor Joint Powers Board and the City of Oakland officially opened the Coliseum Station on May 25, 2005.

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

C.  Dumbarton Rail Corridor Policy Committee

On order of Chairperson Pirzynski, there being no objection, the Dumbarton Rail Corridor Policy Committee report was received.

D.  Metropolitan Transportation Commission (MTC)

On order of Chairperson Pirzynski, there being no objection, the Metropolitan Transportation Committee (MTC ) Report was received.

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

On order of Chairperson Pirzynski, there being no objection,   the Silicon Valley Rapid Transit Corridor PAB Report was accepted as contained in the Agenda Packet.

C. Downtown East Valley PAB

Board Member Chavez reported that the Value Engineering opportunities have been presented at the Committee meeting and noted that the Board could review these by Fall or Winter of 2006.

On order of Chairperson Pirzynski, there being no objection,   the Downtown East Valley PAB Report and Cancellation Notice was received.

D.   Highway PAB – South

There was no report from the Highway PAB – South.

E.  Community Oriented Design Enhancements (CODE) Committee

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

REPORT FROM CHAIRPERSON

There was no report from the Chairperson.

REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.

ANNOUNCEMENTS

Board Member Casas commended the Bus Rapid Transit Project Line 522 and noted that it will be launched in July 2005. 

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

On order of Chairperson Pirzynski, there being no objection, the meeting was adjourned at 7:04 p.m.

Respectfully submitted,

Elaine F. Baltao, Board Assistant
VTA Board of Directors