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CALLED TO ORDER at 9:05 a.m.

ADJOURNED TO CLOSED SESSION at 9:06 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.

ORDERS OF THE DAY

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.

Accepted the Orders of the Day.

AWARDS AND COMMENDATIONS

A. Employees of the Month for December 2005

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. Adopted Resolution of Commendation No. 05.12.21 for Retiring VTA Employee Jamie Gardner.

C. Adopted Resolution of Commendation No. 05.12.22 for Retiring VTA Employee Sharon McElligott.          

D. Recognize Outgoing Board Members

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

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

Recognized 2005 VTA Board Chairperson Joe Pirzynski.  Noted Mr. Pirzynski’s contributions and accomplishments as VTA Board of Directors Chairperson for 2005.  Thanked and presented tokens of appreciation to Mr. Pirzynski for his leadership and service. 

Expressed appreciation for the acknowledgement and thanked fellow Board Members and VTA staff for a great year.  Noted that it has been a great honor to work with the VTA Board of Directors, management, and staff.  Stated that he looks forward to continuing the good working relationship with VTA.  

REPORT FROM THE GENERAL MANAGER

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.

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.  Recommended the Board of Directors to reconsider the route and alignment of the BART Extension Project. 

Noted that the following VTA Employees will be leaving: Kaye Evleth, Chief Administrative Officer and Sandra Weymouth, Board Secretary.

Marilyn 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.  Congratulated Ms. Evleth on her retirement.

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

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

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

Policy Advisory Committee (PAC) Chairperson’s Report

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.

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

Thanked Ms. Kishimoto for her acknowledgement and noted appreciation to all her efforts.

CONSENT AGENDA

Approved the Minutes of the Regular Board of Directors’ Meeting of November 3, 2005.

ADMINISTRATION AND FINANCE COMMITTEE

Adopted 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). 

Approved 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.  Recommended 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. 

Authorized 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. 

Approved 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. 

Authorized 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. 

Authorized 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. .

Authorized 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. 

Authorized 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.

Authorized 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

Approved the programming of Santa Clara County’s Regional Improvement Program share of the 2006 State Transportation Improvement Program. 

Approved 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. 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

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

Authorized 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.

REGULAR AGENDA

Deferredthe 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.

The following individuals addressed the Board of Directors regarding the VTA Scenario:

Pete McHugh, Santa Clara County Board Supervisor
Tom Sawyer, Interested Citizen
Bob Brownstein, Working Partnerships
Aaron Morrow, Interested Citizen
Blanca Alvarado, Santa Clara County Board Supervisor
Ross Signorino, Interested Citizen
David Pandori, Airport Traffic Relief Alliance
Margaret Okuzumi, Bay Rail Alliance and Citizens Advisory Committee (CAC) Member
Kelly Fergusson, Menlo Park City Council Member
James Janz, Town of Atherton
Noel Tebo, Modern Transit Society

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

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

TRANSIT PLANNING AND OPERATIONS COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #26.C.)

(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.

OTHER ITEMS

ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

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 as contained in the Agenda Packet. 

C.    Transit Planning and Operations Committee

Accepted Notice of Cancellation as contained in the Agenda Packet.

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)

Acceptedas 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.

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)

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  

Accepted as contained in the Agenda Packet.

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 Task Force

There was no report from the RIDE Task Force.

REPORT FROM THE CHAIRPERSON 

There was no report from the Chairperson.

ANNOUNCEMENTS           

There were no announcements.

ADJOURNED at 12:08 p.m.