Skip to Main Content Skip to Side Navigation Skip to Top Navigation
Home>About Us>BOD>Santa Clara Valley Transportation Authority

Santa Clara Valley Transportation Authority


BOARD OF DIRECTORS MEETING

Thursday, September 1, 2005

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

Summary Minutes

1.

CALLED TO ORDER at 5:30 p.m.

  
2.

ROLL CALL

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

Board Members Absent:None

Alternate Board Members Present: Kennedy, McHugh

Alternate Board Members Absent: Kerr, Sandoval, Yeager

*   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.

Introduced and welcomed new General Manager, Michael T. Burns, who assumed his new responsibilities at VTA on August 22, 2005.

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 for those who are still in the struggle to assist in the survival of those who are victims of this very significant tragedy.

  
3.

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.

  
4.

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

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.

  
5.

Appointed Board Member Don Gage, Vice Chairperson Cindy Chavez, and Chairperson Joe Pirzynski as the Committee to conduct General Counsel annual performance evaluation. 

  
6.

ORDERS OF THE DAY

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

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.

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.

Accepted the Orders of the Day.

  
7.

AWARDS AND COMMENDATIONS

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

Presentedawards 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.

  
29.

REPORT FROM THE GENERAL MANAGER

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

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; 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; 5) focus on four major areas within the organization; 6) an update on Vasona Light Rail extension; 7) two significant policy decisions that the California Air Resources Board (CARB) will be considering at a future meeting; 8) 2005 Sales Tax Revenue Bond Refunding; 9) VTA’s Filipino Festival on Friday, August 26, 2005; 10) VTA’s Hispanic Heritage Month celebration on Friday, September 16, 2005, at 12:00 p.m. at VTA’s River Oaks site; and 11) retirement of VTA Chief Administrative Officer, Kaye Evleth.

  
8.

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 has done in the San Francisco and Philadelphia areas.  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.

  
9.

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.

Encouraged VTA and Board of Directors to find new methodologies to bring more members to the PAC Meetings.

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 try to encourage full participation.

  

CONSENT AGENDA

Approved, as amended.

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.

Noted that a member of the public has requested that 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. 

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. 

  
10.

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

  
 

ADMINISTRATION AND FINANCE COMMITTEE

11.

Approved the appointment of Troy Hernandez to the Committee for Transit Accessibility (CTA) for a two-year term. 

  
12.

Authorized 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. 

  
13.

Authorized 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. 

  
14.

(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

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

TRANSIT PLANNING AND OPERATIONS COMMITTEE

15.

(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. 

  
19.

Authorized 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.

  
  
 Go to Top
  
  

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. 

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.”

Replaced recommendation and directed 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.

  
15.

Authorized 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. 

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.  Staff 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.  Staff 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.

  
 

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

16.

Adopted 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 Casas left the meeting at 6:28 p.m.

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

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.  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.  Noted opposing item.

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

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.  Noted that is why we go through the process of figuring out who should be on the committees, because they represent an important viewpoint.  Noted if we have trouble with attendance, then we need to work with those groups to be more creative in getting people here.  Noted if 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.

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

Referred to attendance at meetings and noted that key items to be voted on can be prioritized earlier in the meetings.

Noted committee members are polled via e-mail prior to meetings. 

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.)

17.

Authorized 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.

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

  
18.

(Deferred)

Approve the following list of qualified developers and authorize the General Manager to proceed with the Request for Proposals forjoint 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.

  
19.

(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.)

20.

Authorized 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. 

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

  
21.

Authorized 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. 

  
  
 Go to Top
  
  

OTHER ITEMS

22.

ITEMS OF CONCERN AND REFERRal TO ADMINISTRATION

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.   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.  Noted that VTA staff and members of the coalition have met on several occasions throughout the summer.

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.  She 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, former VTA employee and Amalgamated Transit Union (ATU), Local 265 Member, 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.

Clarified that part of the approval includes the appointment of two Board Members as co-chairs of the RIDE Task Force.   Noted that Board Members Nora Campos and Jamie Matthews volunteered to serve as co-chairs of the Task Force.

Authorized the formation of the Ridership Initiative to Develop Energy-Efficiency (RIDE) Task Force, as proposed, appointed Board Members Campos and Matthews as co-chairs of the Task Force, and authorized 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, requested 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. 

  
23.

LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

  
24.

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 Notice of Cancellation as contained in the Agenda Packet.

C.             Transit Planning and Operations Committee

Accepted as contained in the Agenda Packet.

  
25.

REPORTS (UNAPPROVED MINUTES) 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.

  
26.

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

C.       Dumbarton Rail Corridor Policy Committee

D.       Metropolitan Transportation Commission (MTC)

  
27.

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 theI-680 Sunol SMART Carpool Lane Policy Advisory Committee.

  
28.

REPORT FROM THE CHAIRPERSON

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.  Noted that CTA is very anxious to have this position filled and expects the ex-officio member to report out for the CTA at each Board Meeting.

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.

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

  
29.

REPORT FROM THE GENERAL MANAGER

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

  
27.E.

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

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.

  
22.

ITEMS OF CONCERN AND REFERRal TO ADMINISTRATION (continued)

Requested that staff examine the nighttime bus service at Valley Medical Center.  Noted the concerns of patients regarding the restricted nighttime services and the ability to get to and from Valley Medical Center in the evening.

  
30.

ANNOUNCEMENTS

Announced the 8th Annual Walk To End Domestic Violence on Friday,               September 30, 2005, at 8:30 a.m. and encouraged participation.

Recognized and thankedVTA for agreeing to provide vouchers to anyone who may need transportation to the event. 

  
31.

ADJOURNED at 6:55 p.m.

  
  
 Go to Top