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Board Minutes


BOARD OF DIRECTORS MEETING

January 5, 2006

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

Summary Minutes

1.

CALLED TO ORDER at 5:33 p.m.

  
2.

ADMINISTERED OATHS OF OFFICE to newly appointed Board Member Breene Kerr, representing the Town of Los Altos Hills (Group 2); Dennis Kennedy, representing the City of Morgan Hill (Group 4); Greg Perry, representing the City of Mountain View (Group 2); Dolly Sandoval, representing the City of Cupertino (Group 3); Norman Kline, representing the City of Saratoga (Group 3); and Al Pinheiro, representing the City of Gilroy (Group 4).

  
3.

ROLL CALL

Board Members Present: Beall (Ex-Officio), Chavez, Chu, Cortese, Gage, Gonzales, Kennedy, Kerr, Kniss, McLemore (Ex-Officio), Perry, Sandoval, Williams

Board Members Absent: Campos

Alternate Board Members Present: Kline, Matthews, McHugh, Pinheiro

Alternate Board Members Absent: Yeager

*   Alternates do not serve unless participating as a Member.

A quorum was present.

  
4.

ADJOURNED TO CLOSED SESSION at 5:37 p.m.

Public Employee Performance Evaluation

[Government Code Section 54957]

Title:             General Counsel

  
4.X.

Conference with Legal Counsel - Existing Litigation

[Government Code Section 54956.9(a)]

Name of Case:   Ortega vs. VTA

WCAB No. STK 176469/STK 176468/STK 173241

RECONVENED TO OPEN SESSION at 5:57 p.m.
  
5.

CLOSED SESSION REPORT

Public Employee Performance Evaluation

[Government Code Section 54957]

Title:             General Counsel

There was no reportable action taken during Closed Session.

Conference with Legal Counsel - Existing Litigation

[Government Code Section 54956.9(a)]

Name of Case:   Ortega vs. VTA

WCAB No. STK 176469/STK 176468/STK 173241

Staff noted that the details of the settlement will be available for public review when agreed to by the other party.

  
6.

ORDERS OF THE DAY

Staff requested that Agenda Item #17. Approve the 2006 Federal Legislative Program for the Santa Clara Valley Transportation Authority (VTA) be moved to the Regular Agenda and that Item #18. Authorize the General Manager to negotiate a contract with CompuCom Systems, Inc. to purchase server hardware, installation services, migration services, and maintenance services in the amount of $1,951,092, be deferred from tonight’s Agenda. 

Requested that Agenda Item #10. Approve the Minutes of the Regular Board of Directors’ Meeting of December 1, 2005, be deferred for one month.

Accepted the Orders of the Day.

  
7.

AWARDS AND COMMENDATIONS

A.  Employees of the Month for January 2006

Presented awards to Renato De Castro, Rail Construction Administration, and Worku Senbet, North Division Operations, as VTA Employees of the Month for        January 2006.  Tom Ryan, Operations Engineering Maintenance, was unable to attend.

B.  Presented Certificate of Special Congressional Recognition to David Julian

C.  Presented Certificate of Special Congressional Recognition to Aaron Morrow

  
8.

COMMENTS FROM CHAIRPERSON CINDY CHAVEZ

Heard a report, highlighting: 1) VTA staff conduct a financial and organizational assessment; 2) staff comes back to the Board of Directors within 90 days with a Request for Qualifications for a financial and organizational assessment along with a timeline specifying when the Board of Directors can expect to see the results of the audit; 3) the value of communication increase as it relates to Advisory Committee and Board relationships; 4) February 2006 Advisory Committees agendize “Receive Feedback from the Advisory Committees on how communication is working and how the Committee feels their experience as a participant in a Board Committee is working; 5) ensure staff is working with the Chairperson of each Advisory Committee to develop meaningful work plans; 6) a state infrastructure bond on the ballot in June and the importance of the County of Santa Clara and VTA working together to see what kind of infrastructure we would like to see in the bond measure; 7) a committee appointed composed of Board Members Campos, Gage, and Kerr, three representatives from private businesses that are engaged in infrastructure development, and three VTA staff members, one of whom is the General Manager to develop a list of priorities and to give the Board feedback through the committee process and through informational memos and to report back at the January 27, 2005 Board of Directors’ Workshop Meeting; and 8) staff assess VTA’s existing contractual relationships with VTA’s advocacy firms in Washington D.C. and Sacramento.

Noted that the Chairperson’s report would be provided in writing to the Board of Directors.

Approved Board Committee Appointments.

Board Member Cortese noted a conflict with serving on the Transit Planning & Operations (TP&O) Committee due to obligations with the Association of Bay Area Governments (ABAG).  Noted working on issue to try to resolve the problem.  

  
9.

REPORT FROM THE GENERAL MANAGER           

Heard a report, highlighting: 1) Congratulations and welcome new Board Members;
2) December 23, 2005 Board Memorandum distributed to the Board of Directors and all Committees containing an updated recommendation on the VTA Quarter Cent Sales Tax Recommended Scenario; 3) January 27, 2006 Board of Directors’ Workshop Meeting date held open to further discuss VTA Quarter Cent Sales Tax Recommended Scenario; 4) 2006 VTA Board Orientation Binder; 5) Invitation to VTA Board of Directors and Advisory Committee Members to visit VTA Operating Divisions; 6) a request for an update on the status of the Highway 85 Noise Mitigation Project and State Route 152-Phase B1 Bridge and Highway Widening in Gilroy; 7) a request for an update on VTA bus and light rail ridership; and 8) a request for a status report on the Bus Mobility Device Securement implementation plan.

The Agenda was taken out of order.

  
8.

COMMENTS FROM CHAIRPERSON CINDY CHAVEZ  (continued)

Eugene Bradley, Santa Clara Valley Transportation Authority Riders Union, queried about Board Member Chu’s qualifications to serve on the I-680 Sunol SMART Carpool Lane Policy Advisory Committee.

  
10.

PUBLIC PRESENTATIONS

Omar Chatty, Interested Citizen, expressed concern regarding the terrible accident on December 27, 2005 on State Route (SR) 152 and noted the need for a grade separated six-lane freeway to be built on the SR 152/Pacheco Pass Corridor.  He recommended that SR 152 not be held hostage for a future toll road and not to be held hostage for high-speed rail.

James Wightman, Interested Citizen, queried about the Downtown Platform Retrofit Project.

Tomy Doomany, Interested Citizen, expressed concern regarding an issue that was presented by his wife at the December 1, 2005 Board of Directors’ Meeting regarding the removal of Bus Stop #13 located behind their house at the corner of Almaden Road and Mountain Shadows due to noise and safety issues.  He expressed concern regarding the letter they received from VTA Management rejecting their petition.   Mr. Doomany also referred to the new development and median built in the area right next to the bus station and expressed concern regarding the narrowing of the area, noting it is a safety hazard.

Janti Doomany, Interested Citizen, expressed concern that the research completed by VTA Management pertaining to the removal of Bus Stop #13 was inadequate, noting that an immediate and irrational decision was made.  She noted that the petition to remove the bus stop contained 41 neighbors and that the other two bus stops mentioned had curbsides.

Martin Bishop, Director of the N.E.E.D. Project, directed attention to the letter that he provided to the Board Members and requested that Board Member Gonzales read the letter regarding the deferment of implementation of mandatory securement of wheelchairs and scooters on VTA buses and possibly light rail vehicles.  Mr. Bishop noted that the additional documents provided to the Board Members contained his potential solution to the issue and that he has been working with VTA Staff to come up with a solution.

Ross Signorino, Interested Citizen, congratulated Board Member Chavez on her new position as Board Chairperson and also congratulated new Board Members.  He referred to an article in the San Jose Mercury News regarding the Quarter Cent Sales Tax and the new projections based on the latest forecast by the Center of Continuing Study of California Economy in Palo Alto.  He expressed concern that the article did not project any potential increase in labor and material costs.

Mr. Bradley commended VTA on their Simple and Free Fare Program for the Senior and Disabled.

  
11.

Policy Advisory Committee (PAC) Chairperson’s Report

Yoriko Kishimoto, PAC Chairperson, congratulated new Chairperson Chavez and all the new Board Members and Alternates.

Ms. Kishimoto provided a report on the December 8, 2005 PAC Meeting, highlighting:   1) Discussed the Caltrain subcommittee. The following PAC members have indicated their interest in serving on the committee: a) Saratoga Mayor Norman Kline, b) Los Gatos Council Member Steve Glickman, c) Los Altos Hills Mayor Breene Kerr, d) Mountain View Council Member Greg Perry, and e) Palo Alto Council Member Yoriko Kishimoto; 2) Received the following nominations from the Nominating Committee for PAC chair and vice-chair for 2005: a) Los Gatos Council Member Steve Glickman for Chair and Saratoga Mayor Norman Kline for Vice-Chair.  The PAC will be voting for chair and vice-chair at the January meeting; 3 ) Discussed the modified VTA quarter-cent sales tax scenario. After an initial discussion, members agreed to further analyze the modified scenario and be prepared to discuss in greater detail at the January meeting; and 4) Reviewed the fiscal year 2006 – 2015 Short Range Transit Plan.

Chairperson Chavez thanked Ms. Yoriko for her service as Chairperson of PAC.

  

CONSENT AGENDA

Requested that Agenda Item #22. Approve the Fiscal Year 2006-2015 Short Range Transit Plan be removed from the Consent Agenda and placed on the Regular Agenda.

  
12.

(Deferred to the February 2, 2006 Board of Directors’ Meeting.)

Approve the Minutes of the Regular Board of Directors’ Meeting of December 1, 2005.

  
 

ADMINISTRATION AND FINANCE COMMITTEE

13.

Approved the reappointments of Linda Gallo, Katie Heatley (OUTREACH) Paratransit Broker, Laura Michels, Emma Eljas, Sandra Gouveia, Martin Lasich, and Barbara Stahl to the Committee for Transit Accessibility (CTA) for a two-year term. 

  
14.

Authorized the General Manager to execute a contract with Driver Alliant Insurance Services for insurance broker consulting services for a three-year term from
February 1, 2006 through January 31, 2009, with options for two one year extensions.  The three-year contract fixed fee for services is $243,200.  The full five-year fee with the option years is $398,800. 

  
15.

Authorized the General Manager to: 1) amend the contract with Ruth & Going, Inc. for design support during construction services of the State Route 87 North HOV Lanes Widening Project, increasing the approved contract value by $100,000 for a new total contract value of $6,720,709 and 2) extend the term of the contract through June 30, 2007. 

  
16.

Authorized the General Manager to: 1) execute a cooperative agreement with the
City of Mountain View that specifies the funding and the project development responsibilities for the State Route 237/State Route 85 and the State Route 237/Middlefield Road Interchange Projects, 2) approve adding these projects to the VTA Capital Budget, and 3) approve the use of $250,000 in Local Program Reserve Funds as the VTA share of project funding. 

  
17.

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

Approve the 2006 Federal Legislative Program for the Santa Clara Valley Transportation Authority (VTA). 

  
18.

(Deferred)

Authorize the General Manager to negotiate a contract with CompuCom Systems, Inc. to purchase server hardware, installation services, migration services, and maintenance services in the amount of $1,951,092. 

  
19.

Approved the list of prime consultants and subconsultants selected to perform planning, preliminary engineering, and final design engineering on VTA Highway Program projects. 

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

20.

Approved the City of Sunnyvale Citywide Deficiency Plan. 

  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

21.

Approved increasing the Downtown Light Rail Platform Retrofit Project budget by $4.5 million to $23.0 million, and authorize the General Manager to execute a contract with Robert A. Bothman, Inc., the lowest responsible bidder, in the amount of $18,650,000 for retrofitting Transit Mall station platforms to accommodate level boarding with low-floor light rail vehicles.  Initial federal funding is 22 percent, however, a Letter of No Prejudice from the Federal Transit Administration has been signed, which will allow VTA to be reimbursed up to 80 percent by Fiscal Year 2008. 

  
  
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REGULAR AGENDA

  
22.

Approved the Fiscal Year 2006-2015 Short Range Transit Plan.

  
17.

Approved on a vote of 8 ayes, to 3 noes, to 0 abstentions to approve the 2006 Federal Legislative Program for the Santa Clara Valley Transportation Authority (VTA).   Further requested additional bullet points be added referencing the U. S. 101/SR 25 Interchange Project and U. S. 101 Corridor Project, and that bullet points 1, 3, and 5 contained on Pages 7 and 8 of the 2006 Federal Legislative Program remain in the Program. Board Members Kerr, Kniss, and Perry opposed.

Mr. Chatty, Interested   Citizen, recommended adding funding for State Route 152.

Expressed concernregarding the problems on SR 152 and requested that staff provide information in a couple of days on what needs to be done on SR 152, what it is going to cost and how could VTA advocate for the State Route.

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #28.A.)

23.

Authorized the General Manager to execute a Cooperative Agreement between the County of Santa Clara and VTA to develop and administer a Lifeline Transportation Program in Santa Clara County. 

  
24.

Authorized the General Manager to execute a Joint Powers Agreement with the Alameda County Congestion Management Agency and Alameda County Transportation Improvement Authority, establishing a Joint Powers Authority for the
Interstate 680 Sunol SMART Carpool Lane Project. 

Requested that staff provide information on the locations of the SMART Carpool Lanes that are operating in California and the cost benefit analysis.

Requested that staff provide information pertaining to the City of San Diego using revenues from SMART Carpool lanes to purchase buses.   She also requested that information be re-circulated pertaining to the studies that were completed that analyzed the impact to lower-income communities.

  
25.

Authorized the General Manager to amend the contract with Santa Clara Valley Highway Associates for Program Management and Construction Management services for the 1996 Measure B Transportation Improvement Program, increasing the approved contract value by $1,309,864 for a new total contract value of $82,567,316 and to extend the term of the contract through June 30, 2007. 

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #28.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 #28.C.)

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

  
  
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OTHER ITEMS

26. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no Items of Concern and Referral to Administration.

  
27.

LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

  
28.

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 CommitteeAccepted 

Accepted as contained in the Agenda Packet. 

  
29.

REPORTS (UNAPPROVED MINUTES) FROM ADVISORY COMMITTEES

A.  Committee for Transit Accessibility (CTA)

Accepted as contained in the Agenda Packet.

B.   Citizens Advisory Committee (CAC)

There was no CAC Report.

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.

  
30.

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

Directed attention to the report provided, bullet point #2 under Section A. Caltrain, and noted that Board Member Stuart Sunshine of San Francisco was not elected as Vice Chair.  Noted that the Treasurer of the City of San Francisco,   Jose Cisneros, was elected Vice Chair of the JPB.

B. Capitol Corridor JPB

C. Dumbarton Rail Corridor Policy Committee

D. Metropolitan Transportation Commission (MTC)

  
31.

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  

There was no report from the Downtown East Valley PAB.

D.  Highway PAB – South

There was no report from the Highway PAB – South.

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

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

F.  Ridership Initiative to Develop Energy-Efficiency (RIDE) Task Force

Advised the Board Members that the Report from the RIDE Task Force was placed in front of them on the dais.

  
32.

REPORT FROM THE CHAIRPERSON 

Requested that the Board be informed of VTA scheduled meetings in a timely manner.

  
33.

ANNOUNCEMENTS           

There were no announcements.

  
34.

ADJOURNED at 7:51 p.m.              

  
  
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