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Board Minutes


BOARD OF DIRECTORS MEETING

Thursday, August 4, 2005

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

Summary Minutes

1.

CALLED TO ORDER at 5:33 p.m.

  
2.

ROLL CALL

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

Board Members Absent Beall (Ex-Officio), Casas, Kniss, Matthews

Alternate Board Members Present: Kennedy, Kerr, McHugh

Alternate Board Members Absent: Sandoval, Yeager

*   Alternates do not serve unless participating as a Member.

  
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

Presented awardsto Debbie Segerstrom, Operations; and Robert Torres, Maintenance Division as VTA Employees of the Month for July 2005. Van Uong,Administration, was unable to attend.

B.         Employees of the Month for August 2005

Presentedawards 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.         Adopted Resolution of Commendation No. 05.08.12 for Retiring VTA Employee Ron Compton, Light Rail Operator, for 30 years of service.  Mr. Compton was unable to attend and will attend the September 1, 2005 Board Meeting.

D.         Adopted Resolution of Commendation No. 05.08.13 for Retiring VTA Employee Manuel Martinez, Bus Maintenance Superintendent, for 30 years of service.

E.          Adopted Resolution of Commendation No. 05.08.14 for Retiring VTA Employee Marilyn Smith, Senior Information Systems Analyst, for 33 years of service.

  
5.

PUBLIC PRESENTATIONS

Ross Signorino, Interested Citizen, conveyedhis 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.

Directed the Board’s attention to a letter received from the Committee for Transit Accessibility (CTA) Chairperson David Julian who was unable to attend.    Noted 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.  Requested a response from VTA staff in writing and noted that VTA does have a plan to bring the Paratransit Eligibility Program back to the Board of Directors.  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.

Policy Advisory Committee (PAC) Chairperson’s Report

Yoriko Kishimoto, PAC Vice Chairperson, thanked Board Chairperson Pirzynski for his Quarterly Chairperson Report at the July 21, 2005 PAC Meeting.   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 Managers’ transit background, experience, and accomplishments, and 3. New VTA Services: a. Rapid 522, b. Community Bus/Light Rail Shuttle, and c. Vasona Light Rail Extension.  Reported that Board Member Chu led PAC in discussion on High Speed Rail and two proposed Bay Area alignments (Altamont Pass/Pacheco Pass). PAC Chairperson Kishimoto reported that the next PAC meeting will be 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 Items #10., Authorize increasing the Downtown Light rail Platform Retrofit Project budget by $2.5 million to $18.5 million and #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.

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

  
8.

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

  
9.

Approved 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.

Authorized the General Managerto 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.

Authorized 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.

Authorized 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.

Approved 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.

Adopted 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.

Ratified 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.

Authorized 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.

Authorized 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.

Authorizedthe 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.

Approved a 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.

Approved amending 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 or a majority of the members present.

  
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.

Authorized 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.

Authorized 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.

Approved 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.

Approved 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.

Authorized 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. 

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. 

  
10.

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 changes in the rescoped construction contract before it is re-advertised. 

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

Requested that VTA coordinate closely with the City of San Jose, the Redevelopment Agency, and the Downtown Association to keep them apprised of changes in the rescoped construction contract before it is re-advertised. Requested a written description of the types of outreach completed to date. 

Staff assured the Board of Directors VTA will schedule a meeting with the City of San Jose the Redevelopment Agency and the Downtown Association to review changes in project scope as well as a detailed construction schedule. 

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

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT -

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

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT -

 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 -

 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

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.   Noted VTA Ridership greatly increased over the event weekend.  Noted the event was for a very good cause, the Canary Fund for research in early detection of cancer.

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

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

  
28.

LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

  
29.

SUMMARY MINUTES FROM STANDING COMMITTEES

A.             Board of the Directors Committee of the Whole

 Accepted as contained in the Agenda Packet.

B.             Administration and Finance Committee

Accepted as contained in the Agenda Packet.

C.             Congestion Management Program and Planning Committee

Accepted as contained in the Agenda Packet.

D.             Transit Planning and Operations Committee

Accepted as contained in the Agenda Packet.

  
30.

REPORTS FROM ADVISORY COMMITTEES

A.             Committee for Transit Accessibility (CTA)

Accepted as contained in the Agenda Packet.

B.             Citizens Advisory Committee (CAC)

Accepted as contained in the Agenda Packet.

C.             Bicycle & Pedestrian Advisory Committee (BPAC)

Accepted as contained in the Agenda Packet.

D.             Technical Advisory Committee (TAC)

Accepted as contained in the Agenda Packet.

E.             Policy Advisory Committee (PAC)

Accepted as contained in the Agenda Packet.

  
31.

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

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

B.             Capitol Corridor JPB

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

C.             Dumbarton Rail Corridor Policy Committee

On order of Chairperson Pirzynski, there being no objection, the Dumbarton Rial Corridor JPB report was received and filed.           

D.             Metropolitan Transportation Commission (MTC)

On order of Chairperson Pirzynski, there being no objection, the Metropolitan Transportation Commission JPB report was received and filed.

  
32.

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.             Caltrain PAB

There was no report from the Caltrain PAB.

D.             Downtown East Valley PAB  

There was no report from the Downtown East Valley PAB.

E.             Highway PAB – South

There was no report from the Highway PAB - South.

  
33.

REPORT FROM THE CHAIRPERSON

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

A.             Heard a report regarding a proposed new Quarter Cent Sales Tax for consideration. Referred to a memorandum forwarded to the Board of Directors’ and PAC dated July 14, 2005, and matrix listing the assumptions for a proposed quarter cent sales tax scenario for review and comment. Stated that comments were received and a new scenario will be formulated by staff and available September 1, 2005, for discussion at the Board Workshop Meeting scheduled for September 16, 2005, at 8:30 a.m. 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.             Heard a report that the Vasona Corridor 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).   Noted that the original opening for Vasona Corridor was scheduled for January 2006.  Stated that VTA remains committed to opening the Vasona Corridor well before that date.

Reported that the FRA Safety Board met on Wednesday, August 3, 2005, and reviewed VTA comments in response to conditions that the Chief Inspector FRA 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.             Heard a report regarding ridership numbers for the 522 Rapid and Community Bus and an update from Operations perspective as it relates to ridership.

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.

ADJOURNED at 6:10 p.m.

  
  
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