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Board Minutes


BOARD OF DIRECTORS MEETING

August 4, 2005

Minutes

1.

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 5:33 p.m. in the Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, San Jose, California.

  
2.

ROLL CALL

Members Present         
Nora Campos
David Cortese
John McLemore, Ex-Officio
Cindy Chavez, Vice Chairperson
Dean Chu
Don Gage
Ron Gonzales
Bob Livengood
Joe Pirzynski, Chairperson
Forrest Williams

Members Absent
Jim Beall, Ex-Officio
David Casas
Liz Kniss
Jamie Matthews

Alternates Present
Dennis Kennedy, Alternate
Breene Kerr, Alternate
Pete McHugh, Alternate

Alternates Absent
Dolly Sandoval, Alternate
Ken Yeager, Alternate

* Alternates do not serve unless participating as a Member.

A quorum was present.

  
3.

ORDERS OF THE DAY

There were no Orders of the Day.

Ex-Officio Board Member McLemore took his seat at 5:35 p.m.

  
4.

AWARDS AND COMMENDATIONS

A.             Employees of the Month for July 2005

Chairperson Pirzynski presented awards to Debbie Segerstrom, Operations; and Robert Torres, Maintenance Division; as VTA Employees of the Month for July 2005; and Mark Thomas as Supervisor of the Quarter. Van Uong, Administration, was unable to attend.

B.            Employees of the Month for August 2005

Chairperson Pirzynski presented awards to Gilbert Nunes, Administration; and Ron Doctolero, Operations as VTA Employees of the Month for August 2005. Kim Le, Maintenance Division, was unable to attend.

C.        Resolution of Commendation for Retiring VTA Employee Ron Compton

M/S/C (Campos/Chavez) to adopt Resolution No. 05.08.12 recognizing Ron Compton for 30 years of service.  Mr. Compton was unable to attend and will attend the September 1, 2005, Board of Directors Meeting.

D.        Resolution of Commendation for Retiring VTA Employee Manuel Martinez

M/S/C (Campos/Chavez) to adopt Resolution No. 05.08.13 recognizing Manuel Martinez for 30 years of service.

E.         Resolution of Commendation for Retiring VTA Employee Marilynn Smith

M/S/C (Campos/Chavez) to adopt Resolution No. 05.08.14 recognizing Marilynn Smith for 35 years of service.

  
5.

PUBLIC PRESENTATIONS

Ross Signorino, Interested Citizen, conveyed his praise and thanks for the new Rapid 522 Express Bus service improving travel times in the 26-mile corridor between the Eastridge Transit Center in San Jose and the Palo Alto Transit Center.

Chairperson Pirzynski directed the Board’s attention to a letter received from CTA Chairperson David Julian who was unable to attend.    He stated that a comment card was also received on CTA Chairperson Julian’s behalf which requested the Board of Directors to discuss the Community Plan at the September 1, 2005 Board Meeting.  The Community Plan is an alternative proposal for the Paratransit Eligibility and Appeals Program drafted by clinicians and members of the public and reviewed by CTA at their July 13, 2005 Meeting.  Chairperson Pirzynski asked staff to a respond to CTA’s request in writing and noted that VTA does have a plan to bring the Paratransit Eligibility Program back to the Board of Directors.  Chairperson Pirzynski noted it would be prudent to allow VTA’s new General Manager time to become acquainted with the issue before it is returned to the Board of Directors for discussion. 

Board Member Livengood left his seat at 5:49 p.m.
Board Member Livengood took his seat at 5:50 p.m.

  
6.

PAC Chairperson’s Report

Yoriko Kishimoto, PAC Chairperson, thanked Board Chairperson Pirzynski for his Quarterly Chairperson Report at the July 21, 2005 PAC Meeting.   She reported that PAC discussed, with the Board Chairperson: 1. The new Quarter Cent Sales Tax Scenario for the 2000 Measure A Transit Capital Investment Program, 2. The new General Manager’s transit background, experience, and accomplishments, and 3. New VTA Services: a. Rapid 522 Bus Service, b. Community Bus/Light Rail Shuttle, and c. Vasona Light Rail Extension.  PAC Chairperson Kishimoto reported that Board Member Chu led PAC in discussion on High Speed Rail and two proposed Bay Area alignments (Altamont Pass/ Pacheco Pass).  She noted that the next PAC meeting is scheduled for August 11, 2005, and the Agenda will include: 1. Comprehensive Operations Analysis, 2. High Occupancy Vehicle (HOT) Lanes Feasibility Study Update, and 3. Consultant Selection for Transit Capital Expansion Policy/New Corridors Study.  PAC Chairperson Kishimoto reported that in order to provide sufficient input to the Board of Directors prior to the September 16, 2005 VTA Board Workshop, PAC will devote their September 8, 2005 meeting to the Quarter Cent Sales Tax Scenario for the 2000 Measure A Transit Capital Investment Program. 

  

CONSENT AGENDA

Removed from Consent, Agenda Item #10., Authorize increasing the Downtown Light Rail Platform Retrofit Project budget by $2.5 million to $18.5 million, and
Agenda Item #22., Authorize the General Manager Pro Tempore to execute a contract in the amount of $9,412,520 with Graniterock Company doing business as Pavex Construction Division, the lowest responsible bidder for construction of the Route 17 Improvements – Project 17E, a 1996 Measure B Transportation Improvement Program (MBTIP) project. 

  
7.

Minutes of the Regular Board of Directors’ Meeting of June 2, 2005

M/S/C (McHugh/Williams) to approve the Minutes of the Regular Board of Directors’ Meeting of June 2, 2005.

  
8.

Minutes of the Joint Meeting of VTA Board of Directors and Santa Clara County Board of Supervisors of June 3, 2005

M/S/C(McHugh/Williams) to approve the Minutes of the Joint Meeting of VTA Board of Directors and Santa Clara County Board of Supervisors of June 3, 2005.

  
9.

Minutes of the Special Board of Directors’ Meeting of June 16, 2005

M/S/C (McHugh/Williams) to approve the Minutes of the Special Board of Directors’ Meeting of June 16, 2005.

  
 

BOARD OF DIRECTORS COMMITTEE OF THE WHOLE (COW)

10.

(Removed from the Consent Agenda)

Approve increasing the Downtown Light Rail Platform Retrofit Project budget by $2.5 million to $18.5 million.

  
11.

Vasona Light Rail Project – Increase Authorized Budget of Completion Contract

M/S/C   (McHugh/Williams) to authorize the General Manager Pro Tempore to amend the total authorized budget for the Vasona Light Rail Project Completion Contract with George Bianchi Construction Inc. by an amount of $300,000, to accommodate added completion work, for a new authorized amount of $1,422,720.

  
12.

Amendment of 457 Deferred Compensation Plan

M/S/C   (McHugh/Williams) to authorize amendment of VTA’s 457 Deferred Compensation Plan to incorporate provisions mandated by Internal Revenue Service regulations, to incorporate changes to certain administrative provisions of the Plan, and authorize staff to make plan revisions as needed in the future to maintain the plan’s compliance with tax laws and regulations.

  
13.

Amendment of 401(a) Money Purchase Plan for the General Manager

M/S/C (McHugh/Williams) to authorize amendment of VTA’s 401 (a) Money Purchase Plan for the General Manger to include the provisions of the new General Manager’s employment agreement, approve changes to the 401 (a) Plan to conform it to changes made to the 457 Plan, and authorize staff to make plan revisions as needed in the future to maintain the Plan’s compliance with tax laws and regulations. 

  
14.

Amendment of 401(a) Money Purchase Plan for Non-Represented Employees

M/S/C (McHugh/Williams) to approve termination of VTA’s existing 401 (a) Money Purchase Plan for Executive Management and Non-Represented Management employees and adopt a new 401 (a) Money Purchase Plan effective January 1, 2006 that includes all Non-Represented employees, and authorize staff to make Plan revisions as needed in the future to maintain the plan’s compliance with tax laws and regulations.   

  
15.

CalPERS Contract Amendment – One-Year Final Compensation

M/S/C   (McHugh/Williams) to adopt Resolution No. 05.08.15 and the contract amendment 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. 

  
16.

Bicycle and Pedestrian Advisory committee Appointment

M/S/C (McHugh/Williams) to ratify the appointment of Christopher T. Hauge to the Bicycle and Pedestrian Advisory Committee (BPAC) representing the City of Morgan Hill for the term ending June 30, 2006.

  
17.

Contract Amendment with Brian Kangas Foulk for Design Services of the State Route 17 Corridor – Project E

M/S/C (McHugh/Williams) to authorize the General Manager Pro Tempore to amend the contract with Brian Kangas Foulk for design services for the State Route 17 Corridor – Project E, to increase the approved contract value by $150,000 for a new total contract value of $1,292,762; and to extend the contract term through September 30, 2006.

  
18.

Cooperative Agreement with the City of Sunyvale for Funding of Initial Proejct Development Phases of Valley Transportation Plan 2030 Projects

M/S/C (McHugh/Williams) to authorize the General Manager Pro Tempore to: (1) execute a cooperative agreement with the City of Sunnyvale that specifies the funding and project development responsibilities for the U.S. 101/Mathilda Avenue Interchange and the State Route 237 HOV Extension and Mary Avenue Overcrossing Projects; (2) approve adding these projects to the VTA Capital Budget; and (3) approve the use of $250,000 in Local Program Reserve Funds as the VTA share of project funding.

  
19.

Contract Amendment with Parsons Transportation Group for Final Design and Construction Support Services for the State Route 237/Interstate 880 Interchange Project

M/S/C (McHugh/Williams) toauthorize the General Manager Pro Tempore to amend the contract with Parsons Transportation Group for final design and construction support services of the State Route 237/Interstate 880 Interchange Project, increasing the approved contract value by $248,800 for a new total contract value of $5,755,139 and extending the contract term through December 31, 2006.

  
20.

One-Year Suspension of the Intersection Traffic Level of Service Monitoring for the 2005 Annual Congestion Management Program Monitoring and Conformance Requirements

M/S/C (McHugh/Williams) to approvea one-year suspension of Intersection Traffic Level of Service Monitoring, which is part of the 2005 Annual Congestion Management Program Monitoring and Conformance Requirements. 

  
21.

Amendment of the Bylaws for the Committee for Transit Accessibility

M/S/C (McHugh/Williams) to  amend the bylaws for the Committee for Transit Accessibility (CTA) to (1) add a Second Vice Chairperson, (2) add a VTA Board of Directors member as a non-voting ex-officio member, and (3) reduce the number of affirmative votes needed to pass an item to 9 from the current 11, which is a majority of the total membership.

  
22.

Removed from the Consent Agenda)

Authorize the General Manager Pro Tempore to execute a contract in the amount of $9,412,520 with Graniterock Company doing business as Pavex construction Division, the lowest responsible bidder for construction of the Route 17 Improvements – Project 17E, a 1996 Measure B Transportation Improvement Program (MBTIP) project. 

  
23.

Contract Amendment with Santa Clara Valley Highway Associates for Project Management Services for Valley Transportation Plan Projects

M/S/C (McHugh/Williams) to authorize the General Manager Pro Tempore to amend the contract with Santa Clara Valley Highway Associates for project management services for Valley Transportation Plan Highway Projects to add $2,849,250 and establishing a new total contract value of $27,958,772.

  
24.

Contract for Environmental Analysis and Preliminary Engineering for the
I-280/I-880/Stevens Creek Boulevard Interchange Project

M/S/C (McHugh/Williams) to authorize the General Manger Pro Tempore to execute a contract with Mark Thomas & Company for Environmental Document and Preliminary Engineering services for the Interstate 280/Interstate 880/Stevens Creek Boulevard Interchange Project for a total contract value of $1,000,000.

  
25.

Local Program Reserve Fund Augmentation for the State Route 152/156 Interchange Project

M/S/C (McHugh/Williams) to approve the programming of $3.0 million in Local Program Reserve funds for environmental and right-of-way support phases of the State Route 152/156 Interchange Project.

  
26.

Programming Additional Fiscal Year 2006 Federal Surface Transportation Project (STP) Funds to Local Streets and Roads Rehabilitation Projects

M/S/C (McHugh/Williams)to approve the programming of Fiscal Year 2006 Federal Surface Transportation Program funds to the local streets and roads rehabilitation projects.

  
 

ADMINISTRATION AND FINANCE COMMITTEE

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

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

 There were no items submitted for the Consent Agenda by the Transit Planning and Operations Committee.
  
  
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REGULAR AGENDA

  

The Agenda was taken out of order.

  
22.

1996 Measure B Transportation Improvement Program – Route 17 Improvements Project 17E Construction contract Award

Board Member Gage noted the previous Highway 17 project bid was rejected and thanked VTA staff for following through to get the 1996 Measure B Highway 17 project completed. 

M/S/C (Gage/McHugh) to authorize the General Manager Pro Tempore to execute a contract in the amount of $9,412,520 with Graniterock Company doing business as Pavex construction Division, the lowest responsible bidder for construction of the Route 17 Improvements – Project 17E, a 1996 Measure B Transportation Improvement Program (MBTIP) project. 

  
10.

Downtown Light Rail Platform Retrofit Project – Increase Project Budget

Ex-Officio Board Member McLemore left his seat at 5:55 p.m.

Vice Chairperson Chavez requested that VTA coordinate closely with the City of San Jose, the Redevelopment Agency, and the Downtown Association keeping them apprised of changes in the rescoped construction contract before it is re-advertised. Vice Chairperson Chavez requested a report describing the types of outreach completed to date. 

Jack J. Collins, Chief Construction Officer, assured the Board of Directors that VTA staff will schedule a meeting with the City of San Jose, the Redevelopment Agency and the Downtown Association to review changes in project scope and a detailed construction schedule. 

Ex-Officio Board Member McLemore took his seat at 5:57 p.m.

M/S/C   (Chavez/Williams) increasing the Downtown Light Rail Platform Retrofit Project budget by $2.5 million to $18.5 million with VTA keeping the City of San Jose, the Redevelopment Agency and the Downtown Association apprised of any changes in the rescoped construction contract before it is re-advertised.

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - Jane P. Kennedy

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

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - Judy Nadler

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

TRANSIT PLANNING AND OPERATIONS COMMITTEE CHAIRPERSON'S REPORT - Manuel Valerio

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

27.

 ITEMS OF CONCERN AND REFERRal TO ADMINISTRATION

Board Member Gonzales thanked the Board of Directors, Matthew O. Tucker, Chief Operation Officer, and VTA staff for helping to make the San Jose Grand Prix a tremendous success.  He reported that VTA Ridership greatly increased over the event weekend and noted the event was for a very good cause, the Canary Fund for research in early detection of cancer.

Board Member Gage took his seat at 6:00 p.m.
Board Member Chu took his seat at 5:00 p.m.

Chairperson Pirzynski congratulated VTA staff, Mayor Gonzales, his staff, and all organizers and participants on a successful San Jose Grand Prix.

  
28.

LEGISLATIVE REPORT

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

  
29.

SUMMARY MINUTES FROM STANDING COMMITTEES

A.             Board of the Directors Committee of the Whole

On order of Chairperson Pirzynski, there being no objection, the Board of Directors Committee of the Whole   Summary Minutes were accepted   as contained in the Agenda Packet.

B.             Administration and Finance Committee

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

C.             Congestion Management Program and Planning Committee

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

D.             Transit Planning and Operations Committee

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

  
30.

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)

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

D.             Technical Advisory Committee (TAC)

On order of Chairperson Pirzynski, there being no objection, the Technical Advisory Committee Report (TAC) 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.

  
31.

REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS

Chairperson Gage 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, t here being no objection, the Peninsula Corridor JPB Report was received.

B.             Capitol Corridor JPB

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.

  
32.

REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A.             Vasona Light Rail PAB

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

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 received.

C.             Caltrain PAB

On order of Chairperson Pirzynski, there being no objection, the Caltrain PAB Report was as received.

D.             Downtown East Valley PAB  

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

E.             Highway PAB – South

On order of Chairperson Pirzynski, there being no objection, the Highway PAB – South Report was received.

  
33.

REPORT FROM THE CHAIRPERSON

Board Member Gonzales left the meeting at 6:02 p.m.

A.             New Quarter Cent Sales Tax

Chairperson Pirzynski provided a report regarding a proposed new Quarter Cent Sales Tax for consideration. He referred to a memorandum forwarded to the Board of Directors’ and PAC dated July 14, 2005, and a matrix listing the assumptions for a proposed quarter cent sales tax scenario for review and comment. Chairperson Pirzynski stated that comments were received and a new scenario will be formulated by VTA staff and available on September 1, 2005 for discussion at the Board Workshop Meeting scheduled for September 16, 2005 at 8:30 a.m. Chairperson Pirzynski reiterated a previous request for Board Members to hold Friday, October 16, 2005 for a second workshop meeting pending the outcome of the September 16, 2005 Board Workshop Meeting.

Vice Chairperson Chavez left the meeting at 6:04 .m.

B.             Vasona Corridor Opening

Chairperson Pirzynski reported that the Vasona Corridor from the Campbell Gateway Station to the Rod Diridon Station opening scheduled for August 12, 2005, has been delayed to allow staff time to respond to recent discussions with the Federal Railroad Administration (FRA) and the Union Pacific Railroad (UPRR).  He noted that the original opening for Vasona Corridor was scheduled for January 2006.  Chairperson Pirzynski stated that VTA remains committed to opening the Vasona Corridor well before that date.

Mr. Tucker reported that the FRA Safety Board met on Wednesday, August 3, 2005, and reviewed VTA comments in response to conditions that the Chief FRA Inspector would include in his recommendation to the Safety Board at the August 20, 2005.  The FRA decided to conduct a site visit on August 30, 2005, to look at the rail-to-rail corridor and make a decision quickly. 

Board Member Campos left her seat at 6:07 p.m.

C.             522 Rapid and Community Bus Service

Chairperson Pirzynski reported that ridership numbers for the 522 Rapid and Community Bus Service are encouraging.

Mr. Tucker noted that the actual numbers are better than first expected.  Ridership is very strong as compared to last year at this time.

Board Member Campos took her seat at 6:09 p.m.

  
34.

REPORT FROM THE GENERAL MANAGER PRO TEMPORE

There was no report from the General Manager Pro Tempore.

  
35.

ANNOUNCEMENTS

There were no Announcements.

  
36.

ADJOURNMENT

On order of Chairperson Gage, there being no objection, the meeting was adjourned at 6:10 p.m.

Respectfully submitted,

Barbara R. Box, Board Assistant
VTA Board of Directors

  
  
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