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Board Minutes


BOARD OF DIRECTORS MEETING

November 3, 2005

Minutes

1.

The Regular Meeting of the Santa Clara Valley Transportation Authority’s (VTA) Board of Directors was called to order by Chairperson Pirzynski at 5:32 p.m. in the Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street,    San Jose, California

  
2.

ROLL CALL

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

Alternates Present                             Alternates Absent
Dennis Kennedy, Alternate                   Breene Kerr, Alternate
Pete McHugh, Alternate                        Ken Yeager, Alternate
Dolly Sandoval, Alternate 

* Alternates do not serve unless participating as a Member.

A quorum was present.  
  
  
3.

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

Exiting Litigation – Conference with Legal Counsel
[Government Code Section 54956.9(a)]

Name of Case: Santa Clara Valley Transportation Authority v. Feist
(Santa Clara Superior Court Section Court No.:  1-02-CV806209) (Eminent Domain)

Alternate Board Members Sandoval and McHugh took their seats at 5:34 p.m.
Chairperson Chavez took her seat at 5:35 p.m.

RECONVENED TO OPEN SESSION at 5:44 p.m.

  
4.

CLOSED SESSION REPORT

Exiting Litigation – Conference with Legal Counsel
[Government Code Section 54956.9(a)]

of Case:  Santa Clara Valley Transportation Authority v. Feist
(Santa Clara Superior Court Section Court No.:  1-02-CV806209)  (Eminent Domain)

There was no reportable action taken during Closed Session.

  
5.

ORDERS OF THE DAY            

Chairperson Pirzynski stated that tonight’s meeting will adjourn in memory of two individuals who have passed away recently.   Silas Jue, a VTA employee who passed away last week worked at VTA for 16 years, most recently as a management analyst in the Distinguished Business Enterprise/Small Business Enterprise (DBE/SBE) Office.   Rosa Parks whose refusal to give up her seat to a white man on a city bus in  Montgomery, Alabama, in 1995, sparked a year-long bus boycott in the City of Montgomery and propelled her to prominence as the “Mother of the Civil Rights Movement”.

Chairperson Pirzynski noted that staff requested Agenda Item #13., Recommended VTA Quarter-Cent Sales Tax Scenario be deferred to the December 1, 2005 Board of Directors’ Meeting.

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

  
6.

AWARDS AND COMMENDATIONS

A.         Employees of the Month for November 2005

Chairperson Pirzynski presented   awards to Maria Valero, River Oaks Administration, and Joe Colapietro, Guadalupe Operations, as VTA Employees of the Month for November 2005, and Doug Willis as Supervisor of the Quarter of 2005.   Ramona Barrientos, Cerone Overhaul and Repair, was unable to attend.

Board Member Campos left her seat at 5:47 p.m.           

B.            Investment Policy Certification of Excellence

Roger Contreras, Chief Financial Officer, announced that for the first time ever, VTA received a Certificate of Excellence for its Investment Policy.  Mr. Contreras noted that the Policy went through a very vigorous and meticulous review.  Mr. Contreras introduced Manny Bagnas, Investment Services Manager.

Chairperson Pirzynski presented an award to Mr. Bagnas.

Board Member Campos took her seat at 5:49 p.m.

  
7.

REPORT FROM THE GENERAL MANAGER

Michael Burns, General Manager reported that VTA recently hosted the California Transit Association (CTA) Conference.   Mr. Burns noted that CTA has been a key part of lobbying efforts in the transit industry at the state level as well as working with all of the public transit agencies throughout the State of California.  Mr. Burns noted that Board Member Williams and Ex-Officio Member McLemore attended the conference and that staff participated on several focused panels and presentations ranging from technologies, security, labor, management and other areas of interest.  Two technical tours were also hosted by VTA for the Zero Emission Bus (ZEB) pilot program and Vasona Light Rail Extension. 

Mr. Burns reported that an Employee Survey was sent to each VTA employees by mail during the week of October 24, 2005. The purpose of the survey is to provide a benchmark as to where VTA as an organization is internally and to identify areas that need attention.  This will help to improve working conditions for employees, which supports quality product and better service.  An outside third party is compiling the results of the survey and they are expected by early January 2006.  The result of the survey will be shared with all employees as soon as they are assembled.  

Two listening sessions have been scheduled with organizations associated with Committee for Transit Accessibility (CTA).  More than 200 organizations serving the disabled community will receive a reminder notice, sent out the week of  November 1, 2005, to attend either sessions scheduled for November and December 2005.   The listening sessions will provide the disabled community and organizations serving the disabled community a chance to discuss the eligibility process as well as any other issues existing with paratransit service.

Mr. Burns reported that the Vasona Extension parking situation at the Winchester station has exceeded capacity and staff is currently in discussion with the owner of Summer Winds Nursery to explore additional parking for VTA on their property.   We expect to receive a response in a couple of weeks.

Mr. Burns further reported that in May 3, 2005, bids for the Transit Mall Platform Retrofit were received which were approximately $5 million over VTA’s estimate.  As a result, staff reworked the contract deferring some of the work particularly at the Children’s Discovery Museum station, deferring station canopies, and making other value engineering adjustments.  Rebids were received for the Platform Retrofit on November 1, 2005, and staff was discouraged by the result of the lowest bid it was $4.3 million over the engineer’s estimate.  Mr. Burns stated that the six-month delay has caused the project to be more expensive and noted that the traffic restrictions in the Downtown area, the current low bidder having significantly high costs for steel, high costs of fuel, and overhead catanary work are contributing factors to the high cost of this project.  At this time, he stated, another rebid is not a solution and staff is considering other alternatives.

Mr. Burns informed the Board of Directors that the River Oaks Pedestrian and Bicycle Bridge Project, a project which was built by VTA in partnership with the  City of San Jose and City of Santa Clara will construct a bicycle/pedestrian bridge over the Guadalupe River.  It connects two neighborhoods in the Cities of San Jose and Santa Clara on Montague Expressway and First Street north San Jose, providing a direct connection from the Riverwalk Complex Development to the VTA Light Rail Station on River Oaks. 

Jack J. Collins, Chief Construction Officer, provided a PowerPoint presentation depicting the assembly of five pieces of the bridge on the bank of the Guadalupe River.  The bridge was fabricated and then cut into five pieces and brought to California on a flatbed truck across the southern states and once it arrived, it was assembled on site. 

Mr. Collins reported that the bridge is a free of span of 230 feet bank to bank and there is no intermediate support in the Guadalupe River.  Mr. Collins advised that it is anticipated that the bridge will open in 2006. 

Ex-Officio Board Member Beall took his seat at 6:05 p.m.

Mr. Burns introduced a brief presentation on the Comprehensive Operations Analysis (COA) and noted that in December 2003, the Board of Directors approved the Initial Service Management Plan which formalized criteria used to design, develop, evaluate, and modify VTA bus, light rail, shuttle, and paratransit services.  In early 2005, as part of the budget process, Operations staff presented a report to the Board of Directors utilizing the criteria for adopting an Initial Service Management Plan for VTA services.  The report showed the ongoing impact of the downturn of the economy and decline in ridership performance.  The report came with staff recommendation, which was successfully approved by the Board of Directors, to conduct a COA that would provide new approaches to provide transit services to the County of Santa Clara.

Carolyn M. Gonot, Chief Development Officer, offered a PowerPoint presentation highlighting:  1) Objectives – existing  service:  a) increase ridership, b) increase transit mode split, c) improve farebox recovery, d) improve travel time, and e) improve operational time; 2) Objectives – future service:  a) identify new markets, b) develop new corridors, c) improve integration with existing and future transportation projects,  d) maximize local participation, and e) develop cost effective services; 3) Current and on-going ridership development efforts with Planning, Marketing and Operations; 4) VTA beginning comprehensive effort through data collection, analysis, and final projects which should take 18-24 months; 5) COA: work program;  6) Where VTA is today; 7) What is next;  8) Why is market segmentation analysis important; and, 9) VTA input throughout study efforts. 

  
8.

PUBLIC PRESENTATIONS

Craig Gartman, City of Gilroy CouncilMember, offered his personal appreciation to   VTA staff and Board of Directors on behalf of the City of Gilroy for the transit service provided to the Pacheco Pass Shopping Center.  

Jerry Grace, Interested Citizen, stated he likes the new City Hall, he is pleased with the last few meetings he has attended and likes what is going on at VTA.

  
9.

Policy Advisory Committee (PAC) Chairperson’s Report

Yoriko Kishimoto, PAC Chairperson, provided a report on the October 13, 2005 PAC Meeting, highlighting:  1) the PAC welcomed General Manager, Michael Burns who provided a brief overview of his background and outlined his short-term goals for VTA; 2) unanimously passed a motion recommending that the VTA Board of Directors approve the 2005 Santa Clara County Congestion Management Program; 3) discussed the VTA recommended quarter-cent sales tax scenario, noting the PAC did not take a vote regarding the scenario, the highlights of the member’s comments were:  a) pleased with several elements including:  PAC’s recommendations were discussed and considered at the Board Workshop; pavement management program for local jurisdictions; 30-year sunset; creation of the completion plan, b) support for several projects including Vasona extension, zero-emission buses and Bus Rapid Transit, c) queried how much money could be saved if the BART tunnel were moved into the completion phase, d) ensure that transit projects other than BART are not overlooked, e) Caltrain should receive the same high priority as BART – including operating dollars, f) expressed concern regarding the ten percent cut to Caltrain, g) determine if reverse-commute Caltrain service is viable as Coyote Valley develops, and, h) suggested VTA apply the congestion management transportation model to project the ridership impacts that will result from the completion of the expenditure program.

Ms. Kishimoto thanked staff for providing the recent Caltrain presentation in the North County cities group.

  

CONSENT AGENDA

10.

Minutes of September 16, 2005

M/S/C (Chavez/Gonzales) to approve the Minutes of September 16, 2005.

  
11.

Minutes of September 29, 2005

M/S/C (Chavez/Gonzales) to approve the Minutes of September 29, 2005.

  
 

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

12.

2005 Santa Clara County Congestion Management Program (CMP)

M/S/C (Chavez/Gonzales) to approve the 2005 Santa Clara County Congestion Management Program (CMP).

  
 

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

  
13.

(Deferred to the December 1, 2005 Board of Directors’ Meeting.)

Adopt the VTA 2000 Measure A Transit Program with a Revenue and Expenditure Plan that establishes a new 30-year, quarter-cent, local sales tax supporting the construction and operation of the 2000 Measure A projects.

 

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - Forrest Williams

14.

Cooperative Agreement with the Peninsula Corridor Joint Powers Board for the TransLink� Ticket Vending Machine Integration Projects

Board Member Williams noted typographical errors in the Board Memo.

M/S/C (Williams/Gage) to authorize the General Manager execute a cooperative agreement with the Peninsula Corridor Joints Power Board (JPB) that specifies the funding arrangements and project management responsibilities of each agency for adding TransLink� add-value capabilities to VTA and Caltrain Ticket Vending Machines (TMVs).

  
15.

Regional Measure 2 Funds for TransLink� Ticket Vending Machine Integration

Board Member Williams noted typographical errors in the Board Memo.

M/S/C (Williams/Gage) to adopt an Initial Project Report for Regional Measure 2 funds for Translink� Ticket Vending Machine Integration; certify and acknowledge that certain conditions as set forth in the attached resolution will be adhered to; and further, adopt Resolution No. 05.11.20 authorizing the General Manager to execute a grant agreement with the Metropolitan Transportation Commission (MTC) for Regional Measure 2 funds for the Translink� Ticket Vending Machine Program. 

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - Cindy Chavez

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 - David Cortese

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

  
  
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OTHER ITEMS

16.

ITEMS OF CONCERN AND REFERRal TO ADMINISTRATION

Vice Chairperson Chavez requestedstaff agendize the challenge of financing strategies for the Tamien Transit Oriented Development (TOD) for the December 1, 2005  Board of Directors’ Meeting. 

  
17.

LEGISLATIVE REPORT

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

  
18.

SUMMARY MINUTES FROM STANDING COMMITTEES

A.  Administration and Finance Committee

On order of Chairperson Pirzynski, there being no objection, the Administration and Finance Committee Minutes were received and filed.

B.  Congestion Management Program and Planning Committee

On order of Chairperson Pirzynski, there being no objection, the Congestion Management Program and Planning Committee Minutes were received and filed.

C.  Transit Planning and Operations Committee

On order of Chairperson Pirzynski, there being no objection, the Transit Planning and Operations Committee Minutes were received and filed.

  
19.

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) Minutes were received and filed.

B.             Citizens Advisory Committee (CAC)  

On order of Chairperson Pirzynski, there being no objection, the Citizens Advisory Committee (CAC) Minutes were received and filed.

C.             Bicycle & Pedestrian Advisory Committee (BPAC) 

On order of Chairperson Pirzynski, there being no objection, the Bicycle and Pedestrian Advisory Committee (BPAC) Minutes were received and filed.

D.             Technical Advisory Committee (TAC)

On order of Chairperson Pirzynski, there being no objection, the Technical Advisory Committee (TAC) Minutes were received and filed.

E.             Policy Advisory Committee (PAC)

On order of Chairperson Pirzynski, there being no objection, the Policy Advisory Committee (PAC) Minutes were received and filed.

  
20.

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 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.            Metropolitan Transportation Commission (MTC)

On order of Chairperson Pirzynski, there being no objection, the Metropolitan Transportation Commission (MTC) Report was received and filed.

  
21.

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

On order of Chairperson Pirzynski, there being no objection, the I-680 Sunol SMART Carpool Lane Policy Advisory Committee report was received and filed.

  
22.

REPORT FROM THE NOMINATING COMMITTEE 

Chairperson Pirzynski stated that at the Board of Director’s Regular Meeting of  September 29, 2005 VTA Board of Directors appointed Board Members Bob Livengood, Forrest Williams, and himself to serve as the Nominating Committee for the selection of the Board’s 2006 Chairperson and Vice Chairperson

Chairperson Pirzynski reported that the Board of Directors has a process that ensures Board leadership will be equitably shared among the five City and County groups.   Under this rotation schedule the nominations will alternate between Groups 2, 3, and 4 (small cities) and Group 1 and 5 (City of San Jose and County of Santa Clara) on a yearly basis.  In this way, in any given year, one of the positions will be filled by a small city; a City of San Jose or County of Santa Clara representative will fill the other position.   

Chairperson Pirzynski further reported that for the 2006 term the nominee for Chairperson will come from Groups 1 (San Jose) and the nominee for Vice Chairperson will come from City Group 2, 3, or 4.

The Nomination Committee reviewed and discussed the nominations received and recommendations the Board of Directors approve for the 2006 term, the nomination of  Board Member Cindy Chavez, representing Group 1 as the Chairperson and nomination of Board Member Dean Chu as the Vice Chairperson, representing Group 2.

  
23.

ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON 

Chairperson Pirzynski stated that the Nominating Committee would like to nominate the following slate of officers for the 2006 Board of Directors for the term of January 1, 2006 through December 31, 2006.

M/S/C (Gonzales/Matthews) on a vote of 11 ayes and 1 no and 0 abstentions to close nominations form the floor and elect Cindy Chavez for Chairperson for a term of January 1, 2006 through December 31, 2006.  Member Casas opposed.

M/S/C (Gonzales/Matthews) to close nominations from the floor and elect Dean Chu for Vice Chairperson for a term of January 1, 2006 through December 31, 2006.

  
24.

REPORT FROM THE CHAIRPERSON

2006 Board of Directors’ Meeting Schedule

M/S/C (Gage/Chavez) to approve the 2006 Board of Directors Meeting Schedule.

  
25.

ANNOUNCEMENTS

Board Member Campos reported that the RIDE Task Froce has held two meetings.   She highlighted the following:  the Task Force met on October 19, 2005 and  November 2, 2005 and received presentations on ridership history, trends, influence, VTA Marketing Plan, fare revenue and fare structure, VTA’s 2005 public opinion poll, and research report of what has contributed to ridership increases at other transit agencies nationwide.  At every meeting there will be an opportunity to share ideas and the next meeting will be on December 14, 2005 and will be a facilitated brainstorming session.  Board Member Campos encouraged  everyone to attend a RIDE Task Force Meeting.

Chairperson Pirzynski requested the RIDE Task Force Report be regularly agendized on future Board Agendas.

Board Member Casas commended Chairperson Pirzysnki for his management style of the Board and thanked him on behalf of the North County for this chairmanship.

  
26.

ADJOURNMENT

On order of Chairperson Pirzynski, there being no objection, the meeting was adjourned at 6:30 p.m. in memory of VTA Employee Silas Jue and Civil Rights Leader Rosa Parks.

Respectfully submitted,

Gilda M. Grozdanich, Board Assistant
VTA Board of Directors

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

  
  
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