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Board Minutes


BOARD OF DIRECTORS MEETING

December 1, 2005

Minutes

1.

CALLED TO ORDER 

The Regular Meeting of the Santa Clara Valley Transportation Authority’s (VTA) Board of Directors was called to order by Chairperson Pirzynski at 9:05 a.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                               Bob Livengood
Nora Campos                                                                                   
David Casas                                                              
Cindy Chavez, Vice Chairperson     
Dean Chu
David Cortese                                                                         
Don Gage                                       
Ron Gonzales
Liz Kniss
Jamie Matthews
John McLemore, Ex-Officio
Joe Pirzynski, Chairperson
Forrest Williams                     

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

* Alternates do not serve unless participating as a Member.

A quorum was present.

  
3.

ADJOURNED TO CLOSED SESSION at 9:06 a.m.

Board Members Chavez and Kniss arrived at the meeting and entered into Closed Session  at 9:07 a.m.

Alternate Board Member Kennedy arrived at the meeting and entered into Closed Session  at 9:10 a.m.

Ex-Officio Board Member McLemore arrived at the meeting at 9:15 a.m.

A.            Conference with Legal Counsel – Existing Litigation

[Government Code Section 54956.9(a)]

Name of Case:   Bernard Justiniani vs. VTA WCAB No. SJO 229737/738/39/40/41

B.            Conference with Legal Counsel – Existing Litigation
[Government Code Section 54956.9(a)]

Name of Case:   VTA v. Buck Consultants, Inc., et al.,
U.S. District Court No. C5-02797 JW

C.            Conference with Legal Counsel – Anticipated Litigation

Initiation of litigation pursuant to Government Code Section 54956.9(c) (2 cases)

D.        Public Employee Performance Evaluation

[Government Code Section 54957]

Title:             General Counsel

RECONVENED TO OPEN SESSION at 9:30 a.m.
Ex-Officio Board Member Beall took his seat at 9:30 a.m.
  
4. CLOSED SESSION REPORT

A.  Conference with Legal Counsel – Existing Litigation
[Government Code Section 54956.9(a)]
Name of Case:   Bernard Justiniani vs. VTA
WCAB No. SJO 229737/738/39/40/41

There was no reportable action taken during Closed Session.

B.  Conference with Legal Counsel – Existing Litigation
[Government Code Section 54956.9(a)]
Name of Case:   VTA v. Buck Consultants, Inc., et al.,
U.S. District Court No. C5-02797 JW

There was no reportable action taken during Closed Session.

C.  Conference with Legal Counsel – Anticipated Litigation
Initiation of litigation pursuant to Government Code Section 54956.9(c) (2 cases)

There was no reportable action taken during Closed Session.

D.        Public Employee Performance Evaluation
[Government Code Section 54957]
Title: General Counsel

There was no reportable action taken during Closed Session.

  
5.

ORDERS OF THE DAY

Chairperson Pirzynski recommended that the following Agenda Item be removed from the Regular Agenda and placed on the Consent Agenda: Item #23., Authorize the General Manager to execute a contract with Rodan Builders, Inc., the lowest responsible bidder, in the amount of $297,000, for construction of the Cerone Wash Building Improvements Project.

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

  
6.

AWARDS AND COMMENDATIONS

A. Employees of the Month for December 2005

Chairperson Pirzynski presented awards to Ernesto Ergino, Chaboya Administration, and Robert Joyce, Cerone Operations, as VTA Employees of the Month for December 2005. Paul Russo, Guadalupe Maintenance, was unable to attend.

B.Resolution of Commendation for Retiring VTA Employee Jamie Gardner

M/S/C (Gage/Chavez)  to adopt Resolution of Commendation No. 05.12.21 for Retiring VTA Employee Jamie Gardner.

Alternate Board Member Yeager left his seat at 9:36 a.m.

C.   Resolution of Commendation for Retiring VTA Employee Sharon McElligott

M/S/C (Gage/Chavez) to adopt Resolution of Commendation No. 05.12.22 for Retiring VTA Employee Sharon McElligott.

Alternate Board Member Yeager took his seat at 9:39 a.m.

D.    Recognize Outgoing Board Members

Chairperson Pirzynski recognized, thanked, and presented a token of appreciation to David Casas for his service as a member of VTA Board of Directors and his dedication to transportation and VTA. 

Chairperson Pirzynski noted that Bob Livengood is not present and directed staff to communicate to Board Member Livengood the Board of Directors’ appreciation to his contributions. 

Vice Chairperson Chavez recognized 2005 VTA Board Chairperson Joe Pirzynski.  She noted Mr. Pirzynski’s contributions and accomplishments as VTA Board of Directors Chairperson for 2005.  She thanked and presented tokens of appreciation to Mr. Pirzynski for his leadership and service. 

Chairperson Pirzynski expressed appreciation for the acknowledgement and thanked fellow Board Members and VTA staff for a great year.  He noted that it has been a great honor to work with VTA Board of Directors, management, and staff.  Chairperson Pirzynski stated that he looks forward to continuing the good working relationship with VTA.

  
7.

REPORT FROM THE GENERAL MANAGER

Michael T. Burns, General Manager, greeted the Board of Directors and public and wished them a pleasant holiday season.   Mr. Burns expressed appreciation to Board Members leaving the Board this year and stated that he looks forward to working with the Board Members in 2006 to improve transportation service in Santa Clara County. 

Mr. Burns provided a report highlighting:   1) Overall ridership data is positive, based on the ridership report on November 2005, 2) Gilroy temporary shuttle service began operating on November 12, 2005 to provide transportation service to stores located at the north side of Route 152 during 7:00 a.m to 7:00 p.m. on weekdays and 9:30 a.m. to 6:00 p.m. on weekends.  This service will be incorporated into the regular Line #17 service in January 2006, 3) The free Historic Trolley will begin its operation every Saturday from 2:30 p.m. to 10:00 p.m. from November 26, 2005 to December 31, 2005, 4) There will be a free New Year’s Eve service from 7:00 p.m. on December 31, 2005 until 3:59 a.m. on January 1, 2006, 5) As a response to Vice Chairperson Chavez’s request, the Board Standing Committees will discuss the Tamien Development Issues at their meetings in December 2005.

Mr. Burns noted that the approved FY 2006 - 2007 Budget contained a commitment for VTA to conduct a pilot program of free rides to elderly and persons with disabilities during off-peak hours.   Staff is now ready to launch the program during the months of January to March of 2006 and will carefully measure the pilot program’s ridership and impact on revenues. 

Bernice Alaniz, Marketing & Public Affairs Deputy Director, provided a brief presentation regarding the “Senior Simple and Free Campaign,” the program designed for seniors 65 and older, Medicare Card Holders, and persons with qualified disabilities.    Ms. Alaniz discussed the rationale and Marketing efforts, program timeframe, program details, and benefits of the program to both VTA and the users. 

Board Member Gage recommended that to avoid confusion, the public should be carefully informed about the times when rides are free. 

  
8.

PUBLIC PRESENTATIONS

Janti Doomany, Interested Citizen, expressed concern on the noise and safety issues associated with Bus Stop #13, located at Almaden Road and Mountain Shadows Road in San Jose.   Ms. Doomany requested that VTA consider eliminating this bus stop. 

Ross Signorino, Interested Citizen, noted that Joe Pirzynski is Vice Mayor of Los Gatos.  Mr. Signorino stated that there are 14 cities in Santa Clara County and the needs of each city should be considered.  Mr. Signorino stressed the importance of working together as a region.

John Bacon, Interested Citizen, referred to the BART Extension Project and stated that it is important that transit lines go directly to the destination point of its users.   He recommended the Board of Directors reconsider the route and alignment of the BART Extension Project. 

Chairperson Pirzynski noted that the following VTA Employees will be leaving:          Kaye Evleth, Chief Admistrative Officer and Sandra Weymouth, Board Secretary.

Marilynn Smith, Interested Citizen and former Chief Steward of the Local 715 Service Employees International Union (SEIU), noted that Ms. Evleth is an honorable, honest, and good Human Resources Director.   She congratulated Ms. Evleth on her retirement.

Steve Wong, Amalgamated Transit Union (ATU), conveyed that ATU has appreciated working with Ms. Evleth.  He thanked Ms. Evleth for bringing integrity to the union process between VTA and ATU and wished Ms. Evleth goodluck in her future endeavors.

Board Members Casas and Matthews left their seats at 10:12 a.m.

Ex-Officio Board Members Beall and McLemore left their seats at 10:12 a.m.

Ed Dolores, ATU, commended Ms. Evleth for her leadership style and congratulated her on her retirement.

Board Member Matthews took his seat at 10:13 a.m.

Chairperson Pirzynski advised Ms. Doomany that her concern cannot be considered at today’s meeting but will be forwarded to staff.

Ex-Officio Board Members Beall and McLemore took their seats at 10:15 a.m.

  

Policy Advisory Committee (PAC) Chairperson’s Report

Board Member Casas took his seat at 10:16 a.m.

Yoriko Kishimoto, PAC Chairperson, provided a report on the November 10, 2005 PAC Meeting, highlighting: 1) appointed nominating committee for Chairperson and Vice Chairperson for 2006, 2) reviewed the 2006 Federal Legislative Program,  2005 Preliminary Annual transit Operations Performance Report, Work Program for Comprehensive Operational Analysis (COA) and Supporting Ridership and Service Development Initiatives, 3) discussed Caltrain Measure A Priorities and recommended Caltrain Subcommittee of the PAC, 4) recommended that the Board of Directors approve the proposed process and criteria for programming Federal Surface Transportation Program funds, and,   5) recommended that the Board of Directors approve the 2006 State Transportation Improvement Program.

Ms. Kishimoto thanked Ms. Weymouth for all her diligent work and service provided to   PAC.   Ms. Kishimoto thanked Mr. Pirzynski for his leadership and service.  She also acknowledged Member Casas for being an outstanding representative for the North County Cities and Santa Clara County.

Chairperson Pirzynski thanked Ms. Kishimoto for all her work and efforts as the Chairperson for PAC.

Board Member Casas thanked Ms. Kishimoto for her acknowledgement and noted appreciation to all her efforts.

  

CONSENT AGENDA

10.

Minutes of the Regular Board of Directors Meeting of November 3, 2005

M/S/C (Gonzales/Casas) to approve the Minutes of the Regular Board of Directors’ Meeting of November 3, 2005.

  
 

ADMINISTRATION AND FINANCE COMMITTEE

11.

Authorization of Fifth Supplemental Indenture

M/S/C (Gonzales/Casas) to adopt Resolution No. 05.12.23 authorizing the General Manager or Chief Financial Officer to execute the Fifth Supplemental Indenture to the 1997 Bond Indenture (Supplemental Indenture). 

  
12.

1996 Measure B Transportation Improvement Program (MBTIP) Executive Summary of the Semi-Annual Report for December 2005

M/S/C (Gonzales/Casas) to approve amendments to Rail, Highway and Program-wide project budgets for a net decrease of $1.3 million as detailed in the 1996 Measure B Transportation Improvement Program (MBTIP) Semi-Annual Report for December 2005 and to recommend that the Santa Clara County Board of Supervisors approve funding for construction of the Route 152B-Phase II project to widen Route 152 across Old Llagas Creek Bridge in Gilroy in order for construction to begin next summer. 

  
13.

Silicon Valley Rapid Transit Project – Extend Project Office Sublease Agreement

M/S/C (Gonzales/Casas) to authorize the General Manager to execute an Addendum to a Sublease Agreement between Santa Clara Valley Transportation Authority (VTA) and Hynix Semiconductor America, Inc. to extend the term for the Silicon Valley Rapid Transit Project office space through March 31, 2007, at a monthly rate of $1.60 per square foot for a total annual rent of $760,973. 

  
14.

Equal Employment Opportunity/Affirmative Action Plan

M/S/C (Gonzales/Casas) to approve the Valley Transportation Authority (VTA) Equal Employment Opportunity/Affirmative Action Plan (EEO/AAP) for the period beginning January 1, 2006 through December 31, 2008 in accordance with federal and state civil rights regulatory requirements. 

  
15.

Cooperative Agreement with the Yerba Buena OPCO, Inc. and the City of San Jose for the U.S. 101 Operational Improvement Project

M/S/C (Gonzales/Casas) to authorize the General Manager to execute a cooperative agreement with the City of San Jose and Yerba Buena OPCO, Inc. that specifies the funding and project development responsibilities for the U.S. 101 Corridor Improvement between the U.S. 101/Interstate 280/Interstate 680 Interchange and the U.S. 101/Yerba Buena Road Interchange. 

  
16.

Cooperative Agreement with the City of Milpitas for the Calaveras Boulevard Widening Project Study Report

M/S/C (Gonzales/Casas) to authorize the General Manager to: 1) execute a cooperative agreement with the City of Milpitas that specifies the funding and project development responsibilities for the Calaveras Boulevard Widening Project; 2) approve adding this project to the VTA Capital Budget; and 3) approve the use of $150,000 in Local Program Reserve Funds as the VTA share of project funding. 

  
17.

Contract with Nolte Associates to Prepare a Project Study Report for the Calaveras Boulevard Widening Project

M/S/C (Gonzales/Casas) to authorize the General Manager to execute a contract with Nolte Associates to prepare a Project Study Report (PSR) for the Calaveras Boulevard Widening Project for a total contract value of $325,000. 

  
18.

Contract Amendment with HMH, Inc. for Final Design of the State Route 152 Project

M/S/C (Gonzales/Casas) to authorize the General Manger to amend the contract with HMH, Inc., for final design and design support during construction of State Route 152 Project, increasing the approved contract value by $325,000 for a new total contract value of $3,776,796; and to extend the term of the contract through December 2007.

  
19.

Contract Amendment with Biggs Cardosa Associates, Inc. for Final Design of the State Route 152/156 Project

M/S/C (Gonzales/Casas) to authorize the General Manager to amend the contract with Biggs Cardosa Associates, Inc. for final design of State Route 152/156 Interchange Project, to increase the approved contract value by $400,000 for a new total contract value of $3,351,384; and to extend the contract term through Fall 2008.

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

20.

2006 State Transportation Improvement Program

M/S/C (Gonzales/Casas) to approve the programming of Santa Clara County’s Regional Improvement Program share of the 2006 State Transportation Improvement Program. 

  
21.

Proposed Process and Criteria for Programming Federal Surface Transportation Program Funds to Local Streets and Roads Rehabilitation Projects in Federal Fiscal Years 2008 and 2009

M/S/C (Gonzales/Casas) to approve the proposed process and criteria for programming Federal Surface Transportation Program (STP) funds to local streets and roads rehabilitation projects in Federal Fiscal Years 2008 and 2009. 

The Agenda was taken out of order.

  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

23.

Cerone Wash Building Improvements Project

M/S/C (Gonzales/Casas) to authorize the General manager to execute a contract with Rodan Builders, Inc., the lowest responsible bidder, in the amount of $297,000, for construction of the Cerone Wash Building Improvements Project.

Alternate Board Member Yeager left his seat at 10:18 a.m.

  
  
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REGULAR AGENDA

  
22.

Recommend VTA Quarter-Cent Sales Tax Scenario

Chairperson Pirzynski noted for the record the following:   VTA’s Revised Agenda Item #22 – Modified VTA Quarter Cent Sales Tax Scenario Recommendation, City of San Jose and North County Cities’ comments, as included in the packet, City of San Jose’s memorandum dated November 30, 2005 – San Jose Positions on the VTA Long-Term Capital Expenditure Plan, and San Jose Council Member and VTA Board Member Cortese’s letter received December 1, 2005 regarding the Downtown East Valley (DTEV) improvement plan.  Chairperson Pirznyski noted that the San Jose Position presented 14 proposed amendments to the VTA Scenario. 

Alternate Board Member Yeager took his seat at 10:20 a.m.

Mr. Burns provided a brief background on the item and stated that the direction to seek additional revenue from another tax measure originated from the Ad-Hoc Financial Stability Committee recommendations that were adopted by the Board.   Staff and the Board of Directors have worked intensely to assemble an expenditure plan that could form a Ballot Measure in November 2006.   Mr. Burns explained that under the direction of the Board of Directors and after consideration of the input received during various public discussions, staff prepared an expenditure plan, called the VTA  Scenario, for a      � cent sales tax with 30-year sunset.  This VTA Scenario was presented to the Board of Directors in October 2005 and reflects a compromise and an acknowledgement that not all projects could be funded with the � cent sales tax.  Mr. Burns added that the VTA Scenario reflects the objective to come up with a plan that could garner support and provide the best opportunity to pass 2/3 vote of the public as a measure on the ballot. 

Mr. Burns noted that during the public process, it was evident that there is a need for a fixed route people mover that would serve the Minetta San Jose International Airport.   He reported that the City of San Jose and VTA staff conceptualized utilizing the City of  San Jose’s bonding capacity to fund and complete this project by 2018.  Under this concept, the other projects will not be impacted. 

Board Member Gage left his seat at 10:23 a.m.

Jack Collins, Chief Construction Officer, briefly discussed the changes between the original proposal in the packet and the revised memorandum, highlighting:   1) Reduced projects in the completion plan from an estimated $1.9 billion to $1.3 billion by moving the Airport People Mover Project to the initial program; 2) Providing an alternative plan that involves coordination with the City of San Jose to secure additional bonding capacity to provide direct Airport People Mover and VTA would make payments; 3) Prioritize putting the Santa Clara/Alum Rock Transit Corridor from the completion program to the initial program as soon as the preferred transit mode alternative has been decided;  4) Modified increase of service by phasing the increase of 24 percent from 2020 to 2023; 5) Move up completion dates for Eastridge and Nieman extensions, if funding allows and adjust bus service between Eastridge and Nieman when future development requires increased bus service.

Board Member Gage took his seat at 10:30 a.m.
Ex-Officio Board Member Beall left his seat at 10:30 a.m.

Mr. Burns concluded that the VTA Scenario is over a year’s work involving a very public process.   The VTA Scenario does not have adequate capacity to complete all projects and a compromise had to be done to fit the VTA Scenario into the overall financial reality.   The VTA Scenario also contains a commitment for annual reviews to address changes in circumstances that may arise in the future.   

Ex-Officio Board Member Beall took his seat at 10:34 a.m.
Board Member Kniss left her seat at 10:36 a.m.

Board Member Gonzales thanked staff for their presentation and the work involved in the VTA Scenario. 

M/S (Gonzales/Williams) to recommend that the Board of Directors adopt staff recommendations with the following amendments from the City Council of San Jose:  1) Accelerate construction schedule of BART before 2018 but no sooner than 2015 by making it the first funding priority if and when a)  Measure A or other revenues from any 2006 tax measure exceed projections, b)  when new revenue sources are identified, or      c) there are Measure A project costs savings; 2) Move People Mover into the Initial Program regardless of when it may be constructed; 3) After the public review processes have been completed, amend the expenditure plan to include the fully funded preferred transit mode for the Alum Rock-Santa Clara corridor in the initial program with a concurrent commitment to construct the project consistent with the construction schedule for the BART Project;  4) Commit to complete the construction of the     Light Rail to Eastridge project by 2012; 5) Retain funding for the Caltrain electrification project and re-allocate funding to other Measure A projects throughout the region that are ready for construction – except BART - if San Francisco and San Mateo counties have not secured their shares by 2016; 6) Support the VTA proposal for an annual review of the Expenditure Plan to allow flexibility to strategically respond to changing circumstances, needs, and priorities; 7) Develop a “reward policy” for local agencies that use local and/or private development funds to implement regional transportation projects and thereby granting priority for such agencies for other regional funding allocations. 

Board Member Kniss took her seat at 10:40 a.m.

Board Member Gage expressed concern that the San Jose recommendation does not address Morgan Hill and Gilroy’s concerns.   He stated that the proposal is a significant 30-year plan and noted that there should be more discussion.   Board Member Gage recommended that the VTA Scenario and the recommendations put forward by San Jose be brought back to PAC, Standing Committees, and be discussed at a Board Workshop as the Board of Directors did not have the opportunity to review other alternatives.  Board Member Gage cautioned that   making a decision now may create more complications as once the VTA Scenario is approved, it will be more difficult to change the priorities in the future. 

Board Member Campos took her seat at 10:44 a.m.

Alternate Board Member Kennedy expressed support for the recommendation of deferring the decision.   He noted the importance of having a very broad-based support of all cities, County, and other entities for the � cent sales tax.     He commended the City  of San Jose for bringing forward their comments.   However, he noted that the proposal needs to be further studied and analyzed to ensure that it will pass with the voters. Alternate Board Member Kennedy added that it would be appropriate to discuss questions about the VTA Scenario in a Board Workshop.

Board Member Kniss commented that the process is pre-emptive and exclusive and she expressed concern that the public process should be strictly adhered to. She referred to the Santa Clara County poll and reported that VTA Scenario “does not feel good” to the North end of the County because they are hardly getting a fair share.   She strongly urged that the Board consider referring the VTA Scenario back to the Board committees and obtain full support. 

M/S (Gage/Kniss) that the VTA Scenario goes back to the Standing Committees, and to a Board Workshop before coming back to the Regular Board Meeting for adoption. 

Board Member Gage noted that the goal is to discuss the VTA Scenario with all the communities within the County and to ensure that all needs are taken cared of and alternatives identified.

Board Members Casas and Kniss left their seats at 10:51 a.m.

Board Member Williams urged the Board of Directors not to postpone the decision and noted the importance to move forward.

Board Members Casas and Kniss took seats at 10:52 a.m.
Ex-Officio Board Member McLemore left his seat at 10:55 a.m.

Supervisor Pete McHugh, representing District #3 which is largely the City of Milpitas, expressed appreciation to VTA Staff, VTA Board of Directors, and City of San Jose for their diligent work.   Noted that the VTA Scenario and what is being proposed is an important 30-year transportation measure, thus, action should be deferred and more deliberation should be done to allow the Board of Directors to take a formal position.   He added that doing so will be more beneficial and helpful in the passage of the measure.

Board Member Gonzales left his seat at 10:57 a.m.

Tom Sawyer, Interested Citizen, stated that inconvenience is the biggest problem in public transportation.   Mr. Sawyer cautioned that money should be used wisely and noted that there is a great possibility that cars will drive itself in the future.

Board Member Gonzales took his seat at 10:58 a.m.

Bob Brownstein, Working Partnerships, expressed concern that regardless of whether the � cent sales tax is passed by the voters next year, it would still not generate enough revenue to address all the transportation needs in Santa Clara County.   He urged the Board of Directors to have more discussion and work immediately to obtain additional revenues to fund the full spectrum of legitimate projects. 

Ex-Officio Board Member McLemore took his seat at 11:00 a.m.
Alternate Board Member Yeager left his seat at 11:01 a.m.
Alternate Board Member Yeager took his seat at 11:02 a.m.

Aaron Morrow, Interested Citizen, supported all projects but expressed concern about the diminishing revenue streams.   He noted that Caltrain and light rail extensions are   important and added that the People Mover should be moved down on the list.  Mr. Morrow expressed concern about focusing all energies and resources on passing a      � cent sales tax measure and the ramifications if it does not pass.

Supervisor Blanca Alvarado, representing District #2, noted that the east valley transit dependent residents have been paying their sales taxes for the last 25 years and noted that these residents should get the transportation they were promised.   Ms. Alvarado expressed concern that the non-submission of DTEV for federal grant funds may have been due to BART Extension Project.   She noted that there has been unanimous support for a single-car light rail for Alum Rock/East Santa Clara and noted that VTA’s staff insistence on enhanced bus undermines the DTEV Policy Advisory Board’s (PAB) work.

Board Member Chu and Ex-Officio Board Member McLemore left their seats at  11:07 a.m.

Mr. Signorino urged the Board of Directors to delay expensive projects such as light rail extensions.

Board Member Chu and Ex-Officio Board Member McLemore took their seats at                11:09 a.m.

David Pandori, former San Jose City Council Member and VTA Board Member, expressed support for Board Member Gage’s motion to defer the decision on the VTA Scenario.   He noted that the public was not given the opportunity to comment on the proposal being discussed today.   Mr. Pandori stressed that the VTA Scenario needs more thought and public process.  He suggested comparing the VTA Scenario versus the City of San Jose’s proposal and further suggested that VTA staff ask the City of San Jose what monies the Airport could contribute for the People Mover. 

Margaret Okuzumi, BayRail Alliance and Citizens Advisory Committee (CAC) Member, expressed concern that the VTA Scenario should come back to the CAC for discussion.   She stated that the scenario presented is an illusion.   She further expressed concern that the scenario does not explore a No-BART option.  She urged the Board to deliberate on the scenario very carefully and give the public the opportunity to discuss further.

Ex-Officio Board Member McLemore left his seat at 11:12 a.m.

Kelly Fergusson, Menlo Park City Council Member, urged the Board of Directors to fund a higher level of service for Caltrain.   She noted that there is a lack of operating funds and expressed concern on its impacts on land-use decisions.   Advocated for a guaranteed share of Caltrain’s operation in the proposed tax measure.

James Janz, Town of Atherton, noted that Santa Clara County should support Caltrain operation the same way that San Mateo County’s Measure A does.   He noted that having full support throughout the whole county will be helpful in passing the measure.   He noted support for further review and delay of the decision.

Noel Tebo, Modern Transit Society, submitted a draft plan entitled “Go West, Young Bart,” an alternative plan that would ensure that the BART Project is completed.

Board Member Chu thanked Board Member Gonzales for starting the discussion on the VTA Scenario in early summer.  He expressed support for BART Project completion in 2018 as it is a regional project.  He referred to the City of San Jose’s November 30, 2005 letter providing conclusions and recommendations associated with the VTA Scenario and stated that there was not enough time to review and answer all the questions created by that letter.  Board Member Chu expressed concern that a split vote on the VTA Scenario at this time would not be helpful in gaining voter support, therefore, it is appropriate to delay slightly the decision and to obtain input from committees and answers from staff.

Ex-Officio Board Member McLemore took his seat at 11:27 a.m.

Board Member Gonzales opposed deferring the decision regarding the VTA Scenario.   He noted that the Board is currently not approving a tax measure but instead approving an expenditure plan that would still be reviewed in the future.   He added that the VTA Scenario has gone through a great deal of public process over the last several months.   

Upon request of Chairperson Pirzynski, Suzanne Gifford, General Counsel, clarified that the action required by this item is approval of an expenditure plan.   She added that the word “establishes” in the recommendation should be changed to “assumes.”

Board Member Campos expressed concern that there is no complete service that connects East San Jose to the other parts of the region.   Board Member Campos added that there has been tremendous discussion over the last couple of years about DTEV and yet the preferred mode of the DTEV PAB is not reflected in the VTA Scenario.

Board Member Gage clarified that his recommendation to defer decision is a common courtesy and not a delay tactic.   He noted that that there should be adequate time for public officials to discuss the revisions to the VTA Scenario with their constituents to determine if there are alternatives.   He expressed concern that not allowing the community to discuss the issues is a disservice and causes mistrust.  He added that in order to gain support of the community, it is important to let the community weigh in the issues.

Chairperson Pirzynski commended the City of San Jose for their continued efforts for increasing awareness about the needs of their community and the regional issues associated with their needs.   He stressed the importance of moving forward as a region and as a united Board of Directors.   However, he expressed concern that the City of            San Jose’s proposals/amendments are not analyzed in relationship with the VTA Scenario.  Chairperson Pirzynski noted that he supports deferring the decision to come up with a congruent, viable option that is clearly understood by the public.  He added that the public should be educated as quickly as possible.

Board Member Gonzales recommended a friendly amendment to defer decision on the VTA Scenario no later than February 2006.    Board Member Gonzales expressed appreciation to Board Members Casas and Gage for their comments and expressed willingness to defer the decision to February 2006 to ensure more support.   Board Member Gonzales noted   that the region should pay better respect to the City of San Jose for their efforts and stated that the Board of Directors should act on this regional business.

Board Member Gage accepted the friendly amendment.   Board Member Gage acknowledged the City of San Jose’s efforts.   He noted however, that the City of     San Jose’s proposal was provided with short notice and is completely different from staff recommendation in the VTA Scenario.  He explained that if there is more consensus, there is better chance that the proposed measure will pass with the voters.

Board Member Kniss expressed concern that the proposed decision date of February 2006 does not provide the County Board of Supervisors ample time to discuss and analyze issues.

Board Member Williams stressed that it is important to make a decision today but noted support for the deferral of the decision if it would create consensus.   He stated that he would not support deferring the decision beyond February 2006. 

Board Member Gage noted value on analyzing everything including staff recommendation and the City of San Jose’s proposal.

Board Member Matthews expressed opposition to   the deferral of the decision.  Board Member Matthews noted that staff recommendation is inclusive and accomplishes major goals.   Board Member Matthews further noted that deferring the decision does not gain voter support.

Ex-Officio Board Member Beall requested that City of San Jose staff make a presentation to the County Board of Supervisors on January 10, 2006.

Board Member Chavez expressed concern on the deferral of the decision.   She requested that the General Manager meet with the incoming Chairperson (Board Member Chavez) and Vice Chairperson (Board Member Chu) to discuss strategies on how to get communication flowing.   Board Member Chavez further requested that staff meet individually with incoming Board Members to provide them with background of the projects as well as the historical context of the projects. 

Board Member Casas expressed appreciation to the current Board Chairperson Joe Pirzynski for his efforts in trying to build consensus among the Members of the Board.   He noted that the new leadership of the Board of Directors in the following year should maintain and build upon what Joe Pirzynski has accomplished.  He thanked Board Member Gonzales for his amendment to defer action to February 2006.            

M/S/C (Gage/Gonzales) on a vote of 11 ayes, 1 noes, and 0 abstention to defer the adoption of 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 to February 2006.  Board Member Matthews opposed.

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #26.A.)

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

 

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #26.B.)

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 - (See Agenda Item #26.C.)

23.

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

Authorize the General Manager to execute a contract with Rodan Builders, Inc., the lowest responsible bidder, in the amount of $297,000, for construction of the Cerone Wash Building Improvements Project.

  
  
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OTHER ITEMS

24.

ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

  
25.

LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

  
26.

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 as contained in the Agenda Packet.

B.  Congestion Management Program and Planning Committee

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

  
27.

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.

  
28.

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.

  
29.

REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs) and TASK FORCE

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  

On order of Chairperson Pirzynski, there being no objection, Downtown EastValley 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.

F.  RIDE Taskforce

There was no report from the RIDE Task Force.

  
30.

REPORT FROM THE CHAIRPERSON 

There was no report from the Chairperson.

  
31.

ANNOUNCEMENTS           

There were no announcements.

  
32.

ADJOURNMENT

On order of Chairperson Pirzynski, there being no objection, the meeting was adjourned at 12:08 p.m.

 

Respectfully submitted,                                                                                

Elaine F. Baltao, Board Assistant
VTA Board of Directors

  
  
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