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Board Minutes

June 2, 2005

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

Summary Minutes

1. CALLED TO ORDER at 5:32 p.m.
   
2. ROLL CALL
Board Members Present: Campos, Casas, Chavez, Chu, Gage, Gonzales, Kniss, Livengood, Matthews, McLemore (Ex-Officio), Pirzynski, Williams
Board Members Absent Beall (Ex-Officio), Cortese, McLemore (Ex-Officio)
Alternate Board Members Present: Kennedy, McHugh, Yeager
Alternate Board Members Absent: Kerr, Sandoval
*   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
 
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.
   
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
B. PUBLIC EMPLOYMENT
[Pursuant to Government Code Section 54957]
Position to be Filled: General Manager
Read items discussed in Closed Session.
   
5. Authorized the General Manager to amend the current labor agreement and to increase the wage rate for Service Employees International Union (SEIU), Local 715 represented employees. 
   
6. Authorized the General Manager to amend to amend the current labor agreement and to increase the wage rate for Transportation Authority Engineers and Architects (TAEA) represented employees. 
   
7. Adopted the employment agreement between Santa Clara Valley Transportation authority and Michael T. Burns. 
Advised the audience that the copy of the memorandum is available at the public table.
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.
   
8. ORDERS OF THE DAY
There were no Orders of the Day.
   
9. AWARDS AND COMMENDATIONS
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.
   
10. 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. Brownsteinexpressed desire to discuss the proposal with VTA staff in the interim.
Commented that this is an outstanding approach in examining and increasing ridership.  Expressed that this item should be put in future agenda to begin dialogue.  Noted that timing is good, as VTA has a new General Manager coming in.
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 supportfor the creation of RIDE taskforce as it could increase ridership.  Mr. Finknoted 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.
Suggested agendizing the creation of the taskforce on the August 2005 Board Meeting to provide sufficient time for staff to create a framework. 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.
Thanked the members of the coalition who requested the creation of a taskforce.
   
11. 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 andnoted 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

12. Approved the Minutes of the Board of Directors’ Workshop Meeting of April 22, 2005.
   
13. Approved the Minutes of the Board of Directors’ Workshop Meeting of May 5, 2005.
   
 

ADMINISTRATION AND FINANCE COMMITTEE

14. Authorized 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. 
   
15. Authorized 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.
   
16. Authorized 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.
   
17. Adopted 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.  
   
18. Approved the use of Local Program Reserve (LPR) funds in the amount of $400,000 for the Route 25 Safety Project; and authorized 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.
   
19. Authorized 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 approved adding these projects to the VTA Capital Budget: I-280/I-880/Stevens Creek Boulevard Interchange; U.S. 101/North 4th Street/Zanker Road Interchange; U.S. 101/Trimble Road/De La Cruz Avenue Interchange; and U.S. 101/Mabury Road Interchange.
   
20. Adopted 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.
   
21. (Deferred to the June 16, 2005 Board of Directors Special Meeting.)
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.
   
22. Approved 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.
   
23. Approved 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. 
   
24. Approved 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

25. Authorized 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.
   
26. Authorized 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.  
   
27. Authorized 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. 
   
   
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REGULAR AGENDA

   
 

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

28. Approved $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. 
Staff clarified that the Caltrain’s Board of Directors approved this morning an amount a slightly lower figure than what is depicted in the memorandum due to additional state funds and a decreased insurance premium.  Staff reportedthat the approved VTA share for Caltrain’s operating budget for FY 2005-06 is $14,800737.   Staff 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.  Staff stated that FY 2006-2007 allocations have not been changed and is reflected in the memorandum. 
Encouraged support for Caltrain and noted Caltrain is very lean and ridership is going up.  Stated that it is good that all the partners are cooperating to address deficits.
   
29. Adopted Resolution No. 05.06.08 approving the Recommended Biennial Budget for Fiscal Years 2006 and 2007.
Reviewed VTA’s financial condition in the past years.  Noted the strategies implemented to address the financial crisis and further noted the completed projects.  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 Member Kniss and Livengood left their seats at 6:09 p.m.
Board Member Kniss and Livengood took their seats at 6:10 p.m.
Board Member Gage left his seat at 6:10 p.m.    
Staff 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.
   
 

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

 

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

30. Adopted 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. 
   
   
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OTHER ITEMS

31. Considered Additional 2000 Measure A Revenue and Expenditure Scenarios.
Staff presented a Powerpoint presentation entitled “Additional 2000 Measure A Revenue and Expenditure Scenarios.”  Staff 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.  Staff noted the comparison of the ¼ cent Sales Tax Scenarios on Capital Program and VTA Operations.
Board Member Chavez left her seat at 6:20 p.m.
Staff reviewed each of the scenarios revenue, expenditure, impacts to VTA’s operations, and project timelines.
Board Member Chavez took her seat at 6:27 p.m.
Alternate Board Member Yeager left his seat at 6:27 p.m.
Staffnoted the estimated weekday ridership for each project.  Staff statedthat 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.
Staff stated that Run 1 & 3 delivers BART by 2015 but defers Eastridge Light Rail Transit (LRT) and Caltrain Electrification and reduces funding for new LRT corridors.  Staff added that Run 1 also defers Airport People Mover.  Staff noted 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. 
Expressed concern that the figure for new riders may be too low on estimated Caltrain electrification ridership.
Staff 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.
Stated that there would naturally be more riders in the future as California’s population will significantly increase.
Stated that it may be helpful providing new Board Members with previous workshop information on projects’ environmental impacts and ridership impacts.  Noted the importance of information consistency to avoid misunderstanding.
Board Member Casas took his seat at 6:38 p.m.
Suggested indicating the source of information in the footnote.
Board Members Gonzales, Kniss and Matthews left their seats at 6:40 p.m.
Ms. Okuzumi, BayRail Alliance,  stated that BayRail Alliance has conducted an analysis on the BART Extension ridership and invited the Board Members to review that information at www.bayrailalliance.org.   Ms. Okuzumi statedthat 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.
Expressed appreciation to staff for their work.  Invited Board Members to speak with staff if they require further explanation.
Board Member Gonzales and Livengood took their seats at 6:43 p.m.
   
32. Adopted 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. 
Staff provided a brief background and noted that if 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.
   
33. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION 

Authorized 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.
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.
Inquired whether the motion reflects Council Member Reed’s  request.            
Responded that the motion reflects Council Member Reed’s request and the additional conversation of VTA staff with Legacy Partners.
   
34. LEGISLATIVE REPORT
Accepted as contained in the Agenda Packet.
   
35. SUMMARY MINUTES FROM STANDING COMMITTEES
A.  Administration and Finance Committee
Accepted as contained in the Agenda Packet.
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.
   
36. 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)
There was no report from BPAC.
D.  Technical Advisory Committee (TAC)
Accepted as contained in the Agenda Packet.
E.  Policy Advisory Committee (PAC)
Accepted as contained in the Agenda Packet.
 
Board Member Kniss took her seat at 6:56 p.m.
Board Member Gonzales left the meeting at 6:55 p.m.
   
37. 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
Reported that the Capitol Corridor Joint Powers Board and the City of Oakland officially opened the Oakland Coliseum Station on May 25, 2005. 
C.  Dumbarton Rail Corridor Policy Committee
D.  Metropolitan Transportation Commission (MTC)
   
38. 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
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.
D.  Highway PAB – South
There was no report from the Highway PAB – South.
E.  Community Oriented Design Enhancement (CODE) Committee (CODE)
There was no report from the Community Oriented Design Enhancement   (CODE) Committee.
   
39. REPORT FROM THE CHAIRPERSON
Deferred to June 16, 2005 Board of Directors’ Special Meeting Agenda Item #21., 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.
Requested reconsideration of amending Agenda Item #20., Adopt a resolution authorizing filing of applications for Transportation Fund for Clean Air Regional funds to the Bay Area Air Quality Management District (BAAQMD), and authorize the General Manager to execute the Funding Agreements upon receipt from BAAQMD to include a statement asking VTA staff to support and facilitate San Jose Redevelopment Agency’s application for the Edenvale Shuttle Service.  
Expressed concern on amending the adopted resolution (Agenda Item #20) and suggested bringing it back on a future agenda instead to include the Edenvale Shuttle.
Staff responded that timing of the adoption is of essence to ensure that application is submitted.   Staff assured that VTA staff will continue to work with San Jose staff. 
Staff suggested bringing a new item regarding the request to support the City of San Jose’s funding application for the Edenvale Shuttle. 
Considered an Ex-Officio Member Appointment from the Santa Clara County Roads Commission to South County Highway PAB as requested by Supervisor Don Gage.
   
40. REPORT FROM THE GENERAL MANAGER
There was no report from the General Manager. 
   
41. ANNOUNCEMENTS
Commended the Bus Rapid Transit Project Line 522 and noted that it will be launched in July 2005. 
   
42. ADJOURNED at 7:04 p.m.
   
   
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