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Board Minutes


BOARD OF DIRECTORS MEETING

February 2, 2006

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 Chavez at 5:33 p.m. in the Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, San Jose, California.
  
2. OATH OF OFFICE

There were no Oaths of Office to Administer.

  
3. ROLL CALL

Members Present                            Members Absent

Jim Beall, Ex-Officio                            David Cortese           
Nora Campos                                       Madison Nguyen
Cindy Chavez, Chairperson
Dean Chu, Vice Chairperson
David Cortese
Don Gage
Dennis Kennedy
Breene Kerr
Liz Kniss
John McLemore, Ex-Officio
Greg Perry
Dolly Sandoval
Forrest Williams

Alternates Present                         Alternates Absent
Norman Kline, Alternate                   Jamie Matthews, Alternate
Pete McHugh, Alternate                   Al Pinheiro, Alternate
                                                            Ken Yaeger, Alternate

* Alternates do not serve unless participating as a Member.

A quorum was present.
  
4. ADJOURNED TO CLOSED SESSION at 5:35 PM

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

            Name of Case:  Valley Transportation Authority v. DeAnza Properties
            (Santa Clara Superior County Superior Court Case No.:  1-05-CV-039006

B.          Public Employee Performance Evaluation
             [Government Code Section 54957]

             Title:      General Counsel

RECONVENED TO OPEN SESSION at 5:49 PM
  
5. CLOSED SESSION REPORT

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

            Name of Case:  Valley Transportation Authority v. DeAnza Properties
            (Santa Clara Superior County Superior Court Case No.:  1-05-CV-039006

B.          Public Employee Performance Evaluation
            [Government Code Section 54957]

             Title:      General Counsel

There was no reportable action taken during Closed Session.
  
6. ORDERS OF THE DAY

There were no Orders of the Day.

  
7. AWARDS AND COMMENDATIONS

A.      Employees of the Month for February 2006

Chairperson Chavez presented   awards to Sheryl Lopez, Chaboya Administration, and Michael Matthews, Guadalupe Facilities Maintenance, as VTA Employees of the Month for February 2006.  Jay Gach, North Division Operations, was unable to attend.

B.      Adopt a Resolution of Commendation for Retiring VTA Employee  Jerri Cooper

(Deferred to the April 6, 2006 Board of Directors Meeting.)

C.      Present Special Recognition to VTA Employee Jasbir Bains

Jasbir Bains was unable to attend.

  
8. REPORT FROM THE GENERAL MANAGER

Michael T. Burns, VTA General Manager, gave a report highlighting the High Occupancy Toll (HOT) lanes, and provided an update of the progression of work completed on the State Route 152 Project.

Mr. Burns extended an invitation to the Board of Directors and public to attend the Historic Coach #6512 plaque dedication ceremony to be held Wednesday, February 15, 2006 in honor of Civil Rights Leader Rosa Parks in front of the Martin Luther King Jr. Library in Downtown San Jose.   A display at VTA’s Customer Service Center in Downtown San Jose will focus on Ms.Parks contributions to the Civil Rights Movement.   Following the ceremony a Diversity Celebration will be held at the River Oaks site celebrating February as Black History month. 

Mr. Burns reported that the Infrastructure Bond Committee has held two meetings and received direction to prepare a recommendation to bring to the March Board Meeting after review by the Ad-Hoc Committee.   The Committee is composed of three Board Members, three representatives from private business, labor and community groups engaged in infrastructure development, and three VTA staff, one of who is the General Manager.  Board Members Campos, Gage, and Kerr will serve on this committee.   Representing private business, labor and community groups are: Bob Brownstein, Working Partnerships USA, Carl Guardino, Silicon Valley Leadership Group, and Bill Wagner CELSOC.  Representing VTA staff are Carolyn Gonot, Kurt Evans, Jim Lawson and Michael T. Burns. 

As Governor Schwarzenegger is compiling a state infrastructure bond to include on the June ballot, it is of utmost importance to VTA and Santa Clara County to be well positioned for any opportunities that would be advantageous to VTA and the County that may be included in the bond proposal.   Chairperson Chavez requested the Committee develop a list of priorities and submit feedback to the Board at the March Board Meeting through memorandums and the committee process.  Due to time constraints the advocacy option cannot be placed on the June 2006 ballot.

Mr. Burns gave a brief update on the 85/101 North Project indicating that there is significant progress towards completion of the Measure B Transportation Improvement.   Mr. Burns introduced Jeff Funk, Deputy Director of Construction, who gave a brief overview of the project.   Mr. Funk noted that a significant interim milestone is the opening of the Shoreline off-ramp from Northbound 85 and Northbound 101.  Mr. Funk reported that the off ramp will alleviate traffic congestion in those areas, as well as the implementation of a HOV (High Occupancy Vehicle) direct connector to connect the median HOV lanes between Route 85 and 101.  This is the third HOV direct connector that the 1996 Measure B Program has implemented within the County.  Mr. Funk stated that the ramps were removed from the Mountain View side of Moffett Boulevard and re-constructed on the San Jose side of the boulevard to lengthen the merge distance between Shoreline Boulevard and Highway 85.  Mr. Funk provided a powerpoint presentation explaining highway construction methods and the progress of projects currently under construction.  Mr. Funk indicated that with good weather conditions the Shoreline off-ramp would open February 3, 2006.

Member Kniss thanked VTA staff for their diligence and hard work on the Shoreline off-ramp project and noted this will be a major traffic improvement.   Member Kniss inquired as to the date the celebratory ribbon cutting for the project will occur. Mr. Funk indicated the ribbon cutting would occur in April or May 2006.   Chairperson Chavez joined Member Kniss in her complimentary remarks to VTA staff.

Bernice Alaniz, Deputy Director Marketing & Public Affairs, provided a powerpoint presentation focused on the Marketing Research Survey completed by the Marketing and Public Relations firm, Godbe Research.   The purpose of the survey was to gather unbiased representative data on Santa Clara County resident’s opinions of services provided by VTA and the evaluation of that information. 

Ms. Alaniz indicated that the random multi-lingual telephone survey was conducted during the summer of 2005. The interview process was completed by 1600 surveyed households in the County reaching a varied cross section of the community.   The survey provides valuable information in developing strategies to increase ridership, improve VTA’s services, contribute data for the Comprehensive Operations Analysis, and to structure future marketing plans. 

Ms. Alaniz pointed out that the survey showed that the crucial components to passengers utilizing public transportation are: convenience, travel time, schedules and costs.   The utilization of public transportation is acceptable to 44 percent of the surveyed households, and 29 percent rate it highly.  The survey confirmed that the public is well informed of VTA’s current bus and light rail services, but indicated the community requests more information concerning youth outreach programs and construction updates. 

Ms. Alaniz informed the Board of an upcoming marketing campaign to improve ridership involving leisure destination promotions targeting the potential audience that utilizes public transportation for recreational entertainment activities. She noted a key finding of the survey indicated that residents of the East Valley demonstrated a higher percentage of ridership, and the Hispanic/Latino community reported the highest level of satisfaction with the overall system.   The West Valley and North County residents perceived utilizing the system as more difficult. 

Ms. Alaniz reported that VTA’s website receives 100,000 visits per month for schedule information.   The survey indicates riders utilize the VTA Customer Call Center and travel planning services that are available.  Ninety percent of the surveyed residents were satisfied with the information services and levels of service provided by VTA.  In conclusion, Ms. Alaniz noted the surveyed households have a high level of awareness of VTA and the transit services that are provided to the community, yet may not be aware of bicycle, pedestrian and highway projects that are also a part of VTA focus areas.

Ex-Officio Member McLemore referred to Page 5 of the powerpoint presentation and asked if the “other” category relates to Paratransit and Caltrain.   Ms. Alaniz noted that the category was comprised of all other modes of public transportation.   Member McLemore noted that one third of Caltrain is owned by VTA and the community may not be aware of the Caltrain/VTA connection.  Ms. Alaniz responded that a VTA/Caltrain joint promotion is in the implementation stage for May 2006, but noted since Samtrans is responsible for Caltrain marketing the Godbe Survey was centered on VTA bus and light rail services. 

Member Sandoval requested an explanation of youth services.   Ms. Alaniz explained the Youth Outreach Services outreaches to schools and educates students on public transportation safety, trip planning, and the “Class Pass Program.” Twice yearly each school classroom is entitled to register online and utilize the VTA fixed route system for field trips. 

Member Sandoval inquired about what information has been gleaned from the Godbe Survey that could be used to increase ridership and VTA transit services in the immediate future.   Ms. Alaniz replied that the survey indicates the importance of promoting VTA services and informing the community. 

Member Kerr inquired how the Godbe Survey of 2002 compared to the current survey in terms of market penetration for public transit.   Ms. Alaniz noted that both surveys were similar but that some preferences had changed for households in the latter survey along with the marked willingness of the community to utilize public transportation. 

Chairperson Chavez requested this report be forwarded to the RIDE Task Force, and indicated the survey is an important tool in understanding and meeting the transit needs of the community.   Member Kennedy encouraged the Board of Directors to utilize public transit to better understand the available transit services.

Mr. Burns concluded the General Manager’s Report by indicating that responses to the   questions received from the Board Members at the January 27, 2006, Board of Directors Workshop Meeting   would be answered and sent as a packet to the Board in February.

  
9. PUBLIC PRESENTATIONS

Martin Bishop, Director of the N.E.E.D. Project, directed attention to a letter that he provided to the Board Members regarding alternative restraints for mandatory securement of wheelchairs and scooters on VTA buses and expressed concern the four-point restraint may cause damage and injury.

Ross Signorino, Interested Citizen, referred to an article in the San Jose Mercury News regarding sales tax on aviation gasoline and expressed concern that the VTA Quarter Cent Sales Tax Scenario and Santa Clara County Quarter Cent Sales Tax be placed separately on the ballot.

  
10. Policy Advisory Committee (PAC) Chairpersons Report

Norman Kline, PAC Vice Chairperson, reported on items considered at the   January 12, 2006 PAC Meeting, including:  1) Election of Los Gatos Town Council member Steve Glickman as the PAC Chairperson for 2006, and Saratoga Mayor Norman Kline as Vice Chairperson.  2) Receipt of a presentation from BayRail Alliance on the proposed Caltrain Metro East Service, which would provide rail service from Fremont to San Jose.  3) Discussion of the VTA Scenario and the new sales tax projections.  PAC Members expressed a range of thoughts, suggestions and ideas on the projections and the Scenario.  A summary of the discussion including feedback from PAC has been forwarded to the Board for review. 4) Review and feedback to staff on the proposed 2006 State Legislative Program.

  

CONSENT AGENDA

Chairperson Chavez requested that Agenda Item #19., Authorize the General Manager to amend the contract with Brian Kangas Foulk for final design and design support services during construction for the State Route 87 South HOV Lane Widening Project, increasing the approved contract value by $225,000 for a new contract value and not to exceed $9,542,411, be removed from the Consent Agenda and placed on the Regular Agenda.

M/S/C (Gage/Williams) to approve the Consent Agenda, as amended.

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

M/S/C (Gage/Williams) to approve the Minutes of the Regular Board of Directors’ Meeting of December 1, 2005.

  
12. Minutes of the Regular Board of Directors Meeting of January 5, 2006

M/S/C (Gage/Williams) to approve the Minutes of the Regular Board of Directors’ Meeting of January 5, 2006.

  
 

ADMINISTRATION AND FINANCE COMMITTEE

13. Appointment to the Committee for Transit Accessibility (CTA)

M/S/C (Gage/Williams) to approve the appointment of Agnews Development Center to the Committee for Transit Accessibility (CTA) for a two-year term.

  
14. Citizens Advisory Committee Appointment

M/S/C (Gage/Williams) to ratify the appointment of Charlotte Powers to the Citizens Advisory Committee position representing the City of San Jose.

  
15. Financial Advisory Services

M/S/C (Gage/Williams) to authorize the General Manager to execute service agreements for Financial Advisory Services with the following firms: 1) Ross Financial, San Francisco, CA – debt/financial advice, 2) Bond Logistix LLC, San Francisco, CA – arbitrage rebate calculations, 3) CDR Financial Products, Beverly Hills, CA – interest rate swap advisory services, and 4) Booz Allen Hamilton Inc., San Francisco, CA – cost allocation, and business process review.   Each contract will be for a three-year period with two, one-year options.  If VTA should choose to exercise these one-year options, staff will return to the Board for approval for each one-year option.  The aggregate value of all four agreements will not exceed $500,000 per year, or $1,500,000 over the three-year period.

  
16. Cooperative Funding Agreement with the Alameda County Transportation Authority (ACTA) for preliminary Engineering on I-880/Mission Boulevard Interchange Project

M/S/C (Gage/Williams) to authorize the General Manager to enter into a $3.9 million cooperative funding agreement with the Alameda County Transportation Authority (ACTA) related to the I-880/Mission Boulevard Interchange Project.   Under the proposed agreement, VTA would complete preliminary engineering for new Union Pacific Railroad (UPRR) facilities and related improvements that are necessary for the widening of  Mission Boulevard in Fremont and for the grade separation of Warren Avenue.

  
17. Amend Agreement with HNTB corporation to Provide Preliminary Engineering Services Related to a Cooperative Funding Agreement with the Alameda County Transportation Authority

M/S/C (Gage/Williams) to authorizethe General Manager to amend an existing agreement with HNTB Corporation in an amount not to exceed $3,900,000 for a new total contract amount of $23,900,000 for preliminary engineering services related to a Cooperative Funding Agreement with the Alameda County Transportation Authority. 

  
18. State Legislative Program

M/S/C (Gage/Williams) to approve the 2006 State Legislative Program for the Santa Clara Valley Transportation Authority (VTA).

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

Authorize the General Manager to amend the contract with Brian Kangas Foulk for final design and design support services during construction for the State Route 87 South HOV Lane Widening Project, increasing the approved contract value by $225,000 for a new contract value not to exceed $9,542,411.
  
20. VTA Appointments to SCVTA-ATU Pension Plan Board of Pensions

M/S/C (Gage/Williams) to adopt Resolution No. 06.02.01 designating positions from which VTA’s appointees to the VTA-ATU Pension Plan Board of Pensions shall be made, and authorize the General Manager to make those appointments.

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

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

TRANSIT PLANNING AND OPERATIONS COMMITTEE

 There were no items submitted for the Consent Agenda by the Transit Planning and Operations Committee.
  
  
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REGULAR AGENDA

  
19. Contract Amendment with Brian Kangas Foulk for Final Design and Design Support During Construction of the State Route 87 South HOV Lane Widening Project

Chairperson Chavez requested an update on the Route 87 landscaping Project. John Ristow, Deputy Director of Program and Project Development reported the memorandum references the Route 87 North and South from Julian Street to Route 85 landscaping project in the Measure B Program of projects.   Mr. Ristow indicated the civil ramifications must be completed before landscaping could begin.   The southern portion of the project from Highways 280 to 85 is projected for Summer 2006 and Route 87 North is scheduled for completion in Summer 2007.

M/S/C (Gage/Williams) to authorize the General Manager to amend the contract with Brian Kangas Foulk for final design and design support services during construction for the State Route 87 South HOV Lane Widening Project, increasing the approved contract value by $225,000 for a new contract value not to exceed $9,542,411.
  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #23.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 #23.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 #23.C.)

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

26. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

Member Kerr requested that the Board consider establishing wireless Internet connectivity along all of our transportation corridors specifically utilizing at a minimum the Light Rail stations as points of presence for the convenience of our riders as well as a pilot program for countywide Internet access that is currently under consideration.

Member Kniss requested that staff notify the entire Board of the ribbon cutting ceremony for 85/101 that will be scheduled in April or May 2006.

Chairperson Chavez requested that staff report back to the Board the role that VTA is playing in the transit hub cleanliness and safety in downtown San Jose.

Chairperson Chavez requested that staff report back to the Board in April on a strategy for “Full Participation; Full Information” as it relates to VTA Committees in particular to monitor the progress.

Chairperson Chavez requested that staff provide the Board with an update on the various changes occurring in the Minority/Women Business Enterprise (MWBE) Program primarily at the Federal level; and further requested that staff obtain community input before coming back to the Board in terms of the actions that are or are not being taken.  She further requested that if Board members have organizations interested in this to e-mail Michael T. Burns.

Member Williams requested that staff come back to the Board with a report on how the VTA litter program will be integrated into the total effort to clean up within cities.    Mr. Burns stated that this item went to the Congestion Management Program and Planning Committee (CMPP) in January 2006 and there was some concern about the aggressiveness of the program so it was referred back to staff.  The item will return to the Technical Advisory Committee (TAC) and CMPP in March with a report back to the Board in April 2006.

Member Perry requested a report back to the Board as to why freeway and interchange projects sometimes need to be redone after a relatively short period of time, for example the 85/101 or the Route 87 widening project.  In the case of 87, very shortly after the opening, why was there a need to redo the infrastructure, which can be quite expensive.    Member Perry queried if there is a solution to avoid having to redo expensive infrastructures after only 15 years of construction, and how can this situation be avoided.

Member Perry requested that in the spirit of “Full Information; Full Participation,” the Board be informed of and participate in plans to put the sales tax on the ballot.

Chairperson Chavez requested that along with the presentation of the VTA Scenario at the March 2, 2006 Board Meeting, staff should provide a presentation on the discussions on the sales tax issue overall (the quarter cent and the half cent).

Ex-Officio Member Jim Beall informed the Board of his plans to develop a high quality job placement program for foster youth in Santa Clara County.   Member Beall stated that 150 youths a year emancipate and must provide for themselves.  Member Beall reported that a Blue Ribbon Task Force in collaboration with the County Executives’ Office, Working Partnerships USA, Silicon Valley Leadership Group, Santa Clara County Foster Parent Association, and Silicon Valley Children’s Trust Fund will be formed to address the employment needs of the emancipating foster youths.  Member Beall requested that VTA staff contact the County Executive Office and County Employee Services to investigate options for supporting the program.

  
22. LEGISLATIVE REPORT

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

  
23. SUMMARY MINUTES FROM STANDING COMMITTEES

A.       Administration and Finance Committee

On order of Chairperson Chavez, 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 Chavez, 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 Chavez, there being no objection, the
Transit Planning and Operations Committee Report was accepted as contained in the Agenda Packet.

  
24. REPORTS (UNAPPROVED MINUTES) FROM ADVISORY COMMITTEES

A.       Committee for Transit Accessibility (CTA)

On order of Chairperson Chavez, there being no objection, the Committee for Transit Accessibility (CTA) Report was accepted as contained in the  Agenda Packet.

B.        Citizens Advisory Committee (CAC)

There was no CAC Report.

C.        Bicycle & Pedestrian Advisory Committee (BPAC)

On order of Chairperson Chavez, 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 Chavez, 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 Chavez, there being no objection, the Policy Advisory Committee (PAC) Report was accepted as contained in the Agenda Packet.

  
25. REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS

Chairperson Chavez 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 Chavez, there being no objection, the Peninsula Corridor JPB Report was received.

B.      Capitol Corridor JPB

On order of Chairperson Chavez, there being no objection, the Capitol Corridor JPB Report was received.

C.      Dumbarton Rail Corridor Policy Committee

On order of Chairperson Chavez, there being no objection, the Dumbarton Rail Corridor Policy Committee Report was received.

D.       Metropolitan Transportation Commission (MTC)

On order of Chairperson Chavez, there being no objection, the Metropolitan Transportation Committee (MTC ) Report was received.

  
26. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs) & 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

Co-Chairperson Campos reported that the RIDE Task Force has held four meetings and the committee has had a brainstorming session that produced more than fifty ideas to improve ridership related to Accessibility, Promotion and Marketing, Services, Design, Affordability, and Technology.   Co-Chairperson Campos invited Member Kennedy to attend the RIDE Task Force Meeting.

  
27.A. Board Standing Committee Appointments

M/S/C (Kniss/Campos) to approve the following revisions to the Board Standing Committee Appointments for 2006:

Board Standing Committees:

Administration & Finance
Forrest Williams, Chair
Breene Kerr
Don Gage
Madison Nguyen

Congestion Management Program & Planning
Liz Kniss, Chair
Nora Campos
Cindy Chavez
Dennis Kennedy

Transit Planning & Operations
Dolly Sandoval, Chair
Dean Chu
Dave Cortese
Greg Perry
  
27.B. REPORT FROM THE CHAIRPERSON

Chairperson Chavez appointed City of San Jose Mayor Ron Gonzales and Board Member Dolly Sandoval Co-/Chairpersons for the 2006 APTA Committee Host Committee.

  
28. ANNOUNCEMENTS

There were no Announcements.

  
29. ADJOURNMENT

On order of Chairperson Chavez , there being no objection, the meeting was adjourned at 7:51 p.m.

Respectfully submitted,

 

Jacqueline F. Golzio, Board Assistant
VTA Board of Directors

  
  
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