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 5:30 p.m. in the Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, San Jose, California.

ROLL CALL

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

Members Absent
None                

Alternates Present                                                  
Dennis Kennedy, Alternate                                             
Pete McHugh, Alternate

Alternates Absent
Breene Kerr, Alternate
Dolly Sandoval, Alternate
Ken Yeager, Alternate                                             

* Alternates do not serve unless participating as a Member.

A quorum was present.

Ex-Officio Board Member McLemore took his seat at 5:31 p.m.

Chairperson Pirzynski noted the tragedy in the Gulf Coast States due to Hurricane Katrina and asked for a moment of silence for those persons who passed away and those who are still in the struggle to assist in the survival of those who are victims of this very significant tragedy.

ADJOURNED TO CLOSED SESSION at 5:34 p.m.

Board Member Chu arrived at the meeting and entered into Closed Session at 5:34 p.m.

 A.            Existing Litigation - Conference with Legal Counsel

 [Government Code Section 54956.9(a)]

Name of Case: Santa Clara Valley Transportation Authority v. Public Storage, Inc. (Santa Clara County Superior Court Case No. 1-02-CV-810070) (Eminent Domain)           

B.             Public Employee Performance Evaluation

[Government Code Section 54957]

Title:            General Counsel

RECONVENED TO OPEN SESSION at 5:48 p.m.

CLOSED SESSION REPORT

A.             Existing Litigation - Conference with Legal Counsel

[Government Code Section 54956.9(a)]

Name of Case: Santa Clara Valley Transportation Authority v. Public Storage, Inc. (Santa Clara County Superior Court Case No. 1-02-CV-810070) (Eminent Domain)           

There was no reportable action taken during Closed Session.

B.             Public Employee Performance Evaluation

[Government Code Section 54957]

Title:            General Counsel

Chairperson Pirzynski noted that Agenda Item #5.A., Appoint Committee to conduct General Counsel annual performance evaluation, is the action the Board of Directors will need to take relating to Closed Session Item #4.B.

Appoint Committee to Conduct General Counsel Annual Performance Evaluation

Chairperson Pirzynski recommended that the performance evaluation committee be composed of Board Member Don Gage, Vice Chairperson Cindy Chavez, and himself.

M/S/C (Livengood/Chavez) to appoint   Board Member Don Gage, Vice Chairperson Cindy Chavez, and Chairperson Joe Pirzynski as the Committee to conduct General Counsel annual performance evaluation. 

ORDERS OF THE DAY

Chairperson Pirzynski requested   that the General Manager’s Report be moved to the beginning of the Board Meeting Agenda, immediately following Awards and Commendations.   He requested that the item be a permanent change to the Agenda.

Chairperson Pirzynski requested that the following Agenda Item be removed from the Regular Agenda and placed on the Consent Agenda: Item #19. Authorize VTA staff to proceed to the preliminary engineering phase in the development of a demonstration project of a High Occupancy Toll (HOT) lane based on the findings of the Santa Clara County HOT Lane Feasibility Study.

Chairperson Pirzynski noted that staff requested that the following Agenda Item be deferred:  Item #18. Approve the following list of qualified developers and authorize the General Manager to proceed with the Request for Proposals for joint development on the West San Carlos Street property and the Capitol, Curtner, and Tamien Light Rail Station properties.  Qualified developers are as follows:  ROEM Corporation and Avalon Bay Communities, Inc. - Santa Clara, CA; Fairfield Residential LLC – San Francisco, CA; Bridge Housing Corporation, BRE Properties, Inc., Blake Hunt Ventures, & DR Horton – San Francisco, CA; Republic Properties Corporation & Green Valley Corporation (Barry Swenson Builders) – San Jose, CA; Transit Development Partners LLC (Kenwood Investments, Wilson Meany Sullivan & Stockbridge Capital Group) – San Francisco, CA.

M/S/C (Chavez/Gonzales) to accept the Orders of the Day.

AWARDS AND COMMENDATIONS

Employees of the Month for September 2005 and Supervisor of the Quarter

Chairperson Pirzynski presented   awards to Ronald Young, Chaboya Administration, and Chuck Viada, Guadalupe Operations, as VTA Employees of the Month for          September 2005 and Michael Avery as Supervisor of the Quarter. Belete Bekele, Guadalupe Maintenance, was unable to attend.

The Agenda was taken out of order.

REPORT FROM THE GENERAL MANAGER

Ex-Officio Board Member Beall took his seat at 6:03 p.m.

Mr. Burns provided a report, highlighting: 1) time spent riding VTA’s transit system, learning the area, and meeting employees, 2) briefings from Division Managers on organizational structures as well as on current issues, 3) the quality of people and service that VTA provides, and 4) meetings with the VTA Board of Directors individually over the course of the next two weeks to gain their perspective on the organization and if there is anything they would like to see changed in terms of focus or organizational perspective.  

Mr. Burns noted that he would be focusing on four major areas within the organization: 1) The first major areas of focus would be improving relationships both internally and externally to the organizations within the Agency, amongst elected officials, with stakeholder, and advocacy groups; 2) the second major area of focus would be doing what we can to continue to build ridership on the transit system.   He noted that VTA has a tremendous opportunity at this time given the price of gasoline and the alternative given the quality of service that VTA provides.   He noted that VTA is looking at some strategies hopefully to be rolling out in the short-term.  Mr. Burns referred to a memorandum dated August 22, 2005, that was sent to the Board of Directors reporting on the July 2005 ridership, which showed for the first time in three years, an increase in the average weekday bus ridership (just over a one percent increase), and almost an eight percent increase in the light rail ridership.  He noted overall that the system-wide ridership is increasing; 3) the third major area of focus would be on continuing to deliver the capital program; and 4) the fourth major area of focus would be to continue working on the stabilization of the financial situation at VTA.  He noted that the four areas would frame his attention over the short-term as well as continuing to spend time on learning the area, system, and organization. 

Mr. Burns provided a report on the Vasona Light Rail extension.  He noted that the Vasona Light Rail extension August 2005 opening was delayed due to Federal Railway Administration (FRA) and Union Pacific Railroad (UPRR) issues.  He indicated that VTA has had two meetings with the FRA and UPRR, noting that the last meeting was on August 30, 2005.  He noted that the meeting was very successful and the FRA was very complimentary of VTA’s Vasona project.  VTA has received clearance from the FRA to begin pre-revenue service testing and expects to begin testing on Monday, September 5, 2005.  VTA must, however, wait for final FRA approval prior to opening the line to the public.  Mr. Burns noted that the FRA has requested some changes in modifications to communications procedures that VTA has implemented and some minor modifications to the equipment in the field, which will be completed, hopefully, by mid to late September 2005.  Given that completion, VTA would look forward to a formal approval of the modifications from the FRA within the next few weeks after which VTA would schedule the formal opening.

Mr. Burns provided a report on two significant policy decisions that the California Air Resources Board (CARB) will be considering either at a meeting in September 2005 or October 2005.  He noted that the first issue is to make the CARB standards consistent with the Federal Environmental Protection Agency standards for the Year 2007 and beyond.  The impact of the action would allow transit agencies that need to procure new buses to purchase those buses opposed to investing in alternative fuels and facilities.   Mr. Burns noted that the benefit for VTA is that it would allow VTA to re-power its buses that require mid-life overhaul with new engines that emit less pollutants.  He noted this would be a positive development from a cost and an environmental standpoint.

Mr. Burns reported that the second issue is a proposal to amend the transit fleet rule to require the use of alternative fuel buses statewide, therefore eliminating the diesel path.  Eliminating the diesel path would negatively impact VTA by increasing operating and capital costs as a result of having to construct, operate, and maintain both natural gas and zero-emission buses and facilities along with VTA’s existing diesel buses and that infrastructure.  He noted that VTA is in the process of developing cost estimates for conversion to natural gas. As a reminder, VTA’s 30-year Expenditure Plan already includes $132 million in additional funds to cover the increased cost of Zero-Emission Buses and facilities.  VTA has installed devices and participated in the Zero-Emission Bus Demonstration Project with a total investment to date of more than $25 million.  VTA staff and transit agencies throughout the state are working with the California Transit Association to encourage CARB to harmonize the engine standards, bring the CARB standards in line with the Federal Environmental Protection Agency (EPA) standards, and to maintain the diesel path. Mr. Burns noted that a letter has been sent to CARB stating this, Board Members have been copied and will be kept advised of the status on the issue.

Mr. Burns referred to a memorandum that was sent out earlier this week that outlined the 2005 Sales Tax Revenue Bond Refunding.  He noted that VTA’s Fiscal Resources Department took advantage of a favorable bond and interest market to refund the $155 million of VTA’s 2001 Sales Tax Revenue Bonds, which resulted in an annual savings to Measure A of approximately $1.2 million.  On a present value basis, this equates out to a savings of approximately $18 million.  This was a positive re-financing and a good result financially.

Mr. Burns referred to VTA’s Filipino Festival held on Friday, August 26, 2005, and noted that the celebration was a tremendous success and extremely well attended.  He noted that a second celebration, hosted by VTA’s Hispanic American Committee, will be held on Friday, September 16, 2005, at 12:00 p.m. at River Oaks, in honor of Hispanic Heritage Month.  Mr. Burns noted that Board Member Campos has graciously accepted the Hispanic American Committee’s invitation to be the guest speaker for the event and extended an invitation to all of the Board Members.

Mr. Burns directed attention to a memorandum distributed to the Board of Directors that announced the retirement of Kaye Evleth, VTA’s Chief Administrative Officer.  He noted that Ms. Evleth has been an extremely valuable member of VTA and wished her the best on her retirement.

PUBLIC PRESENTATIONS

Eugene Bradley, founder of Santa Clara Valley Transportation Authority Riders Union, welcomed new General Manager, Mr. Burns.   He referred to the good job Mr. Burns did in the San Francisco and Philadelphia areas, areas built around transportation.  He expressed concern about the San Jose/Silicon Valley area, an area historically built around the automobile.  He commented this would be a pretty big challenge for Mr. Burns and queried if Mr. Burns could actually encourage transit in an area that encourages and celebrates the automobile in the San Jose Mercury News on a weekly basis.  He noted that his group as well as other stakeholder groups would help Mr. Burns to do whatever is possible to increase transit ridership. 

Ross Signorino, Interested Citizen, expressed gratitude to Chairperson Pirzynski for taking a moment of silence on behalf of the persons affected by Hurricane Katrina.   He welcomed the new General Manager to VTA and noted that the General Manager knows how the infrastructure has worked in San Francisco and encouraged the General Manager to use the infrastructure wisely, because in time VTA will be asking the taxpayer for a half cent increase in their sales tax to support more transit system.

Policy Advisory Committee (PAC) Chairperson’s Report

Yoriko Kishimoto, PAC Chairperson, welcomed new General Manager, Mr. Burns, and provided a report on the August 11, 2005 PAC Meeting, highlighting: 1) Received a report on the Transportation Fund for Clean Air (TFCA) County Program. The PAC noted their concern regarding changes in TFCA scoring, which will likely result in a loss of bicycle project funding. The PAC encouraged staff to continue to find creative solutions for funding bicycle projects; 2) Received and provided comments on the Third Quarter Transit Operations Performance Report. Of note, PAC members were interested in the reasons why ridership was still declining from last year and how well VTA is meeting ridership forecasts; 3) Received a report on the Santa Clara County High Occupancy Toll (HOT) Lane Feasibility Study.   Members voted 8 ayes to 1 noes to recommend the VTA Board authorize VTA staff to proceed with the preliminary engineering phase in the development of a demonstration project, however, the motion failed as there were not enough affirmative votes required to pass an item. PAC also recommended that the preliminary engineering should address the following: a) consider the impacts HOT lanes will have on existing carpoolers, b) consider how HOT lanes compare to other transportation revenue opportunities, c) conduct a cost/benefit analysis including start-up costs and on-going maintenance, d) consider all issues regarding access to HOV lanes. Noted PAC’s sense of frustration that the motion failed, due to the new voting requirement, and indicated it hampered PAC’s ability to give effective input to the Board of Directors as representing the 15 cities; 4) Received a report on the Valley Transportation Plan 2030 Transit Capital Expansion Policy and New Corridors Study; and 5) PAC’s September 8, 2005 Meeting will be devoted to discussing the quarter-cent sales tax scenario for the 2000 Measure A Transit Capital Investment Program.

Chairperson Pirzynski encouraged VTA and Board of Directors to find new methodologies to bring more members to the PAC Meetings.    He noted that all the cities and the County of Santa Clara need to be represented for our full voice and dialogue and hopes that the PAC can work with the Chair to continue to encourage full participation.

CONSENT AGENDA

Chairperson Pirzynski noted that the following Agenda Item was removed from the Regular Agenda and placed on the Consent Agenda: Item 19. Authorize VTA staff to proceed to the preliminary engineering phase in the development of a demonstration project of a High Occupancy Toll (HOT) lane based on the findings of the Santa Clara County HOT Lane Feasibility Study.

Chairperson Pirzynski noted that a member of the public requested the following item be removed from the Consent Agenda and placed on the Regular Agenda: Item #15. Authorize the General Manager to enter into an agreement with INIT Innovations in Transportation, Inc. for the procurement and installation of Automatic Passenger Counters (APCs) on 20 VTA light rail vehicles, plus the associated hardware and software to support the system, for a total cost of $568,898. 

Vice Chairperson Chavez requested that the following Agenda Item be removed from the Consent Agenda and placed on the Regular Agenda: #14. 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-day written notice to accommodate transportation uses, or a sale, lease, or transfer of the property. 

M/S/C (Chavez/Matthews) to approve the Consent Agenda, as amended.

Minutes of the Regular Board of Directors’ Meeting of August 4, 2005

M/S/C (Chavez/Matthews) to approve the Minutes of the Regular Board of Directors’ Meeting of August 4, 2005.

ADMINISTRATION AND FINANCE COMMITTEE

Appointment to the Committee for Transit Accessibility (CTA) 

M/S/C (Chavez/Matthews) to approve the appointment of Troy Hernandez to the Committee for Transit Accessibility (CTA) for a two-year term. 

Contract Amendment with Nolte Associates for Design Services for the State Route 85 Noise Mitigation Project

M/S/C (Chavez/Matthews) to authorize the General Manager to amend the contract with Nolte Associates for design services during construction of the State Route 85 Noise Mitigation Project, increasing the approved contract value by $40,000 for a new total contract value of $222,000 and extending the contract term through March 31, 2006. 

2000 Measure A Reimbursement

M/S/C (Chavez/Matthews) to authorize the Chief Financial Officer to reimburse VTA’s Enterprise Fund up to $2,500,000 from 2000 Measure A Sales Tax revenues which begin collection April 1, 2006, for lost interest income as a result of advancing debt service payments related to the 2001 Sales Tax Revenue Bonds    (2001 Bonds) and advance payments made for the Zero Emission Bus Demonstration Project. 

(Removed from the Consent Agenda and placed on the Regular Agenda.)

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-day written notice to accommodate transportation uses, or a sale, lease, or transfer of the property. 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

TRANSIT PLANNING AND OPERATIONS COMMITTEE

(Removed from the Consent Agenda and placed on the Regular Agenda.)

Authorize the General Manager to enter into an agreement with INIT Innovations in Transportation, Inc. for the procurement and installation of Automatic Passenger Counters (APCs) on 20 VTA light rail vehicles, plus the associated hardware and software to support the system, for a total cost of $568,898. 

Santa Clara County High Occupancy Toll Lane Demonstration Project

M/S/C (Chavez/Matthews) to authorize VTA staff to proceed to the preliminary engineering phase in the development of a demonstration project of a High Occupancy Toll (HOT) lane based on the findings of the Santa Clara County HOT Lane Feasibility Study.

REGULAR AGENDA

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-day written notice to accommodate transportation uses, or a sale, lease, or transfer of the property. 

Vice Chairperson Chavez requested   that staff’s recommendation be changed to the following: “To ask staff to work closely with San Jose staff on the appropriate placement of the signs that are part of the Clear Channel recommendation related to the City of San Jose’s General Plan.”

M/S/C (Chavez/Gonzales) to direct VTA staff to work closely with San Jose staff on the appropriate placement of the signs that are part of the Clear Channel recommendation related to the City of San Jose’s General Plan.

Automatic Passenger Counters on Light Rail Vehicles

Mr. Bradley referred to the Automatic Passenger Counters (APCs) on the light rail vehicles and queried if a passenger got off the vehicle and realized that he or she was at the wrong stop and got back on the vehicle would that passenger be recounted.  Mr. Burns noted that the devices count the number of people getting on, so if a person gets off the vehicle and then gets back on the vehicle that would be counted twice.

Mr. Bradley queried if there was any mechanism to ensure that the double counts are not counted as one boarding and one debarking instead of two boardings and two debarkings.   Mr. Burns noted that it was virtually impossible to differentiate between the number of boardings and debarkings and that the technology has not advanced to that point.

M/S/C (Chavez/Livengood) to authorize the General Manager to enter into an agreement with INIT Innovations in Transportation, Inc. for the procurement and installation of Automatic Passenger Counters (APCs) on 20 VTA light rail vehicles, plus the associated hardware and software to support the system, for a total cost of $568,898. 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #24.A.)

Amendment of the Bylaws for the Technical, Citizens and Bicycle & Pedestrian Advisory Committees

Board Member Williams provided a report, noting the following: 1) Voting requirement for all 5 VTA advisory committees (Bicycle & Pedestrian Advisory (BPAC); Citizens Advisory (CAC); Policy Advisory (PAC); Technical Advisory (TAC); and Committee for Transit Accessibility (CTA) from inception was majority of total authorized membership, consistent with the approval requirement for the Board of Directors as spelled out in the VTA Enabling Act; 2) In December 2002, the Board approved modification of the PAC voting requirement to majority of the quorum present (quorum is 9 members for PAC).  PAC requested this change because they were experiencing poor attendance and conceptually, an item could fail with 8 affirmative votes and 2 dissenting/abstaining ones out of 10; 3) In March 2004 the Board approved lowering the voting threshold to majority of quorum present for TAC, BPAC, and CAC.  CAC requested this change due to poor attendance and a large number of vacant positions.  TAC requested the change to be consistent with PAC and BPAC asked for it to be consistent with TAC; 4) All modifications to advisory committee bylaws, including previously lowering the voting requirement and the current proposal to return to its original state, require the approval of the Board; 5) TAC and PAC have alternates, CAC, BPAC and CTA do not; 6) All CAC seats are filled and attendance, due to the efforts of the current chair, has improved dramatically (CAC averages 11-13 members out of 17 per meeting).  Some CAC seats, especially those representing city groupings, can take three to six months to fill; and 7) CAC, as the Independent Citizen’s Watchdog Committee for the 2000 Measure A program, with the current majority of quorum voting provision and as part its defined duties, could conceivably approve issuing and publishing in local newspapers annual reports to inform Santa Clara County residents on how the funds are being spent and the results of the Independent Audit with only 5 affirmative votes of a total membership of 17.

Board Member Williams expressed the importance of being a part of a committee, noting that it is a commitment.  He noted that one expressed that commitment when they signed up to be a committee member and stated that the standard should be held high.

Board Member Casas left the meeting at 6:28 p.m.

Board Member Kniss referred to PAC Chairperson Kishimoto’s comments made earlier regarding PAC’s sense of frustration that a motion failed, due to the new voting requirement.  She noted these are members who willingly attend the meetings, they are advisors, and expressed concern that members who do attend the meetings votes are now counted because others do not attend.  She noted she would be opposing the item.

Chairperson Pirzynski noted that VTA pays mileage for members to attend the Advisory Committee meetings and a great deal of staff time is committed to not only prepare for these meetings, but also instruct and complete the meeting process.

Board Member Gonzales noted the purpose these bodies have is to make sure that as we look at new policies or look at old policies that need to be modified that we involve as many people as we can in getting input, feedback, and ideas.  He noted that is why we go through the process of figuring out who should be on the committees, because they represent an important viewpoint.  He noted if we have trouble with attendance, then we need to work with those groups to be more creative in getting people here.  Board Member Gonzales noted if we are just going to go with the majority or consensus of those present, then we probably should look at another means of reaching the objective of trying to get regional input.

Ex-Officio Board Member McLemore left the meeting at 6:30 p.m.

Board Member Kniss noted the Santa Clara County Board of Supervisors’ does not have an attendance requirement for their advisory groups.

Board Member Williams referred to attendance at meetings and noted that key items to be voted on can be prioritized earlier in the meetings.

Chairperson Pirzynski noted committee members are polled via e-mail prior to meetings. 

M/S/C (Williams/Chavez) to adopt Resolution No. 05.09.16 on a vote of 9 ayes to  2 noes to 0 abstentions on amending the bylaws for the Technical Advisory Committee (TAC), Citizens Advisory Committee (CAC), and the Bicycle and Pedestrian Advisory Committee (BPAC) to require a vote of the majority of the total membership to pass an item, as requested by the VTA Board of Directors at its January 6, 2005 Meeting and rescind the March 4, 2004 action approving an amendment to permit a majority of the quorum to pass an item.   Board Members Kniss and Gage opposed.

Board Member Matthews left the meeting at 6:34 p.m.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #24.B.)

Consultant Contract for VTP 2030 Transit Expansion Policy and New Corridors Study

Carolyn M. Gonot, Chief Development Officer, noted that the item was presented at the Administration & Finance and Transit Planning & Operations Committees. The item would authorize the General Manager to execute a contract with Ove Arup and Partners California, Ltd. for consulting services for development of the Valley Transportation Plan 2030 (VTP 2030) Transit Expansion Policy and complete a study of the potential New Rail Corridors.  The study is primarily to look at the seven new rail corridors that were mentioned in 2000 Measure A.  She referred to the expenditure plans and indicated that staff has been looking at potentially two corridors, noting that VTA would like to potentially open up and look at these corridors in respect to other modes, not just light rail.  She noted that staff would be looking at Bus Rapid Transit, Enhanced Bus, or another type of service that would fit well within VTA’s system.  The study would be over two years and once completed an implementation plan would be developed for each corridor as to what type of service would be looked at within each corridor.

Mr. Bradley queried if the proposed $1.1 million would be better spent on providing transit service now as opposed to gaining the services of another consultant.

M/S/C (Williams/Chavez) to authorize the General Manager to execute a contract with Ove Arup and Partners California, Ltd. for consulting services to develop the Valley Transportation Plan 2030 Transit Expansion Policy and complete a study of potential New Transit Corridors.  The contract shall be for a three-year period for a total contract value not to exceed $1,100,000.

(Deferred)

Approve the following list of qualified developers and authorize the General Manager to proceed with the Request for Proposals for joint development on the West San Carlos Street property and the Capitol, Curtner, and Tamien Light Rail Station properties.  Qualified developers are as follows:  ROEM Corporation and Avalon Bay Communities, Inc. - Santa Clara, CA; Fairfield Residential LLC – San Francisco, CA; Bridge Housing Corporation, BRE Properties, Inc., Blake Hunt Ventures, & DR Horton –  San Francisco, CA; Republic Properties Corporation & Green Valley Corporation (Barry Swenson Builders) – San Jose, CA; Transit Development Partners LLC (Kenwood Investments, Wilson Meany Sullivan & Stockbridge Capital Group) – San Francisco, CA.

(Removed from the Regular Agenda and placed on the Consent Agenda.)

Authorize VTA staff to proceed to the preliminary engineering phase in the development of a demonstration project of a High Occupancy Toll (HOT) lane based on the findings of the Santa Clara County HOT Lane Feasibility Study.

TRANSIT PLANNING AND OPERATIONS COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #24.C.)

Procurement of Bus Mobility Device Restraint Equipment

Mr. Bradley referred to the expenditure of $600,383 for mobility straps and noted the recent lawsuit VTA lost to a passenger injured while in a wheelchair aboard a bus.  

M/S/C (Cortese/Gonzales) to authorize the General Manager to execute a contract with Nor-Cal Mobility, Inc., the lowest responsible and responsive bidder, contingent upon a successful demonstration to satisfy technical requirements of the contract, for the purchase and installation of 831 bus mobility device restraint kits (two kits per bus, one curbside and one street side) for VTA’s active bus fleet of 415 buses, the cost per bus for this purchase and installation contract is $1,447 for a total cost of $600,383. 

On-Call Structural Engineering Consultant Services

Jack J. Collins, Chief Construction Officer, noted that every five years VTA will typically take on-call engineering services and put them out for re-procurement.  VTA invited a number of local and area structural engineering firms to propose on future projects that would involve VTA facilities, highway projects, or rail projects and qualified these firms based on their engineering qualifications.  He noted that 14 firms submitted proposals, VTA conducted interviews, and narrowed the list down to seven firms, which were listed in the Board Memorandum.

M/S/C (Cortese/Chavez) to authorize the General Manager to execute task order contracts with up to seven engineering consultant firms for General Structural Engineering Services for facilities, rail, and highway projects to be utilized on an as-needed basis.  Each contract shall be for a period of up to three years, with an option to extend the contract for an additional two-year term.  The total amount for all seven contracts shall not exceed $6,000,000. 

OTHER ITEMS

ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

Chairperson Pirzynski noted that at the June 2, 2005 Board of Directors Meeting, VTA received a request from a broad-based coalition to form a task force that would look at creative and cost-effective methods to increase ridership.   He noted that the Board of Directors concurred with this request and asked staff to initiate discussions with the coalition and to come back to the Board of Directors with a proposal for the Board to consider.   Chairperson Pirzynski noted that VTA staff and members of the coalition have met on several occasions throughout the summer.

Matthew O. Tucker, Chief Operating Officer, reported that in June 2005 the broad-based coalition came forward from both the labor and business community to talk about the discussion of creating a task force to increase ridership.   He noted that over the summer months, one meeting was held and a number of conversations to facilitate setting up this task force given the Board of Directors’ interest from the June 2005 presentation.  At this time, VTA is coming forward with the recommendation to implement this task force that would serve over an 18-month period and work sort of parallel as VTA completes it comprehensive operations analysis to focus on ideas and recommendations to increase ridership in its system.  As a result of the discussions, VTA has expanded the size of the task force to include representation from key VTA committees as well as two Board Members to serve as chairs of the task force. 

Mr. Tucker reported that VTA wanted to establish some parameters because the goal was to keep the focus on increasing ridership. He noted that the Board Memorandum successfully does that and VTA looks forward to working with the broad-based coalition on the task set forth by the recommendation.

Mr. Bradley provided a document entitled “Issues Identified on Valley Transportation Authority Light Rail, August 1, 2005”.    He expressed concern that the key stakeholders are defined as only from business or labor.   He noted that the Ridership Initiative to Develop Energy-Efficiency (RIDE) Task Force should include taxpayers and transit advocacy groups, the SCVTA Riders Union, and the Association of Community Organizations for Reform Now (ACORN), the people who use transit.

Terry Applegate, Silicon Valley Independent Living Center, noted that the Silicon Valley Independent Living Center has been a part of the coalition to form the RIDE Task Force.   She noted while the mission of the Center is to serve people with disabilities, the Center had dedicated staff time and energy to the project.   She indicated that the Center’s chief concern, however, is to meet the needs of their clients, noting that the vast majority receives social security.  She noted that the program for low-income riders is inadequate, indicating the increases in the monthly bus pass and youth pass.  Ms. Applegate directed attention to the following programs distributed, noting that they were done for low-income riders: 1) SamTrans and 2) Sun Tran Tucson Metropolitan Public Transportation System.  She noted that the Center would like the Board of Directors to consider these kinds of proposals for our area, so that low-income riders can again ride the system.

Tom Fink, Amalgamated Transit Union (ATU) Political Director, welcomed the new General Manager, Mr. Burns, on behalf of the Union and wished Ms. Evleth well on her retirement.   He urged the Board of Directors to accept staff’s recommendation to authorize the formation of the RIDE Task Force.   He referred to one of the previous speaker’s comments indicating the Task Force was inclusively a business and labor enterprise.  He noted that the list of people on the Task Force actually included two representatives from labor, two from business, and the rest were from a wide variety of community groups, including the SCVTA Riders Union and ACORN.

Chairperson Pirzynski clarified that part of the approval includes the appointment of two Board Members as co-chairs of the RIDE Task Force.   He noted that Board Members Nora Campos and Jamie Matthews volunteered to serve as co-chairs of the Task Force.

M/S/C (Kniss/Chavez) to authorize the formation of the Ridership Initiative to Develop Energy-Efficiency (RIDE) Task Force, as proposed, appoint Board Members Campos and Matthews as co-chairs of the Task Force, and authorize the General Manager to support the Task Force as needed, not to exceed 1,200 hours in staff time and $25,000 in materials.  Further, request that the Task Force recommendations be compatible with Valley Transportation Plan 2030, the Fare Policy and other Board adopted policies.  This would not prevent the Task Force from recommending pilot programs or strategies that, with Board approval, may result in changes to adopted policies in the future. 

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.

B.             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.

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 (UNAPPROVED MINUTES) 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 and 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 (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

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

There was no report from the Silicon Valley Rapid Transit Corridor PAB.

C.Downtown East Valley PAB

There was no report from the Downtown East Valley PAB.

D.             Highway PAB – South

There was no report from the Highway PAB – South.

E.          I-680 Sunol SMART Carpool Lane Policy Advisory Committee

There was no report from the  I-680 Sunol SMART Carpool Lane Policy Advisory Committee.

REPORT FROM CHAIRPERSON

Chairperson Pirzynski noted that the Committee for Transit Accessibility (CTA) meets the second Wednesday of each month from 1:00 p.m. to approximately 3:00 p.m.   He noted that CTA is very anxious to have this position filled and expects the ex-officio member will report out for the CTA at each Board Meeting.

Chairperson Pirzynski queried if a VTA Board Member would like to volunteer to serve on CTA as a non-voting ex-officio member.  Vice Chairperson Chavez volunteered to serve on CTA as a non-voting ex-officio member.

Chairperson Pirzynski noted Board of Directors’ receipt of the September 16, 2005 Board of Directors’ Workshop Meeting Agenda packet.   He recommended that the packet be reviewed carefully and any questions be directed to him or VTA staff.   He encouraged the Board of Directors to have an individual briefing before the Workshop Meeting.  He noted that Sandra Weymouth, Board Secretary, would arrange the briefings.  He noted that the Workshop Meeting would begin at 8:30 a.m. and is planned to end at 12:00 p.m.  

REPORT FROM THE GENERAL MANAGER

(Removed from Other Items and placed after Awards and Commendations.)

I-680 Sunol SMART Carpool Lane Policy Advisory Committee (continued)

Board Member Livengood requested that staff provide a report at the September 29, 2005 Board of Directors Meeting on the actions that the Committee has taken thus far.

ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION (continued)

Ex-Officio Board Member Beall requested that staff examine the nighttime bus service at Valley Medical Center.   He noted the concerns of patients regarding the restricted nighttime services and the ability to get to and from Valley Medical Center in the evening.

ANNOUNCEMENTS

Board Member Williams announced the 8^th Annual Walk To End Domestic Violence on Friday, September 30, 2005, at 8:30 a.m. and encouraged participation. 

Board Member Campos recognized and thanked   VTA for agreeing to provide vouchers to anyone who may need transportation to the event. 

ADJOURNMENT

On order of Chairperson Pirzynski, there being no objection, the meeting was adjourned at 6:55 p.m.

Respectfully submitted,

Tracene Y. Crenshaw, Board Assistant
VTA Board of Directors

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