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Board Minutes


BOARD OF DIRECTORS MEETING

February 2, 2006

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

Summary Minutes

1.

CALLED TO ORDER at 5:33 PM

  
2. ADMINISTER OATHS OF OFFICE

There were no Oaths of Office to Administer.

  
3. ROLL CALL

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

Board Members Absent: Cortese, Nguyen

Alternate Board Members Present: Kline

Alternate Board Members Absent: Matthews, Pinheiro, Yaeger

*   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

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


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

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 March 2, 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

Heard a report highlighting:

  • The High Occupancy Toll (HOT) lanes and progress of work completed on
    State Route 152.
  • VTA’s celebration of Black history during the month of February with a tribute to Rosa Parks.
  • Infrastructure Board Committee reported two meetings have been held and received direction to prepare a recommendation to bring to the Board after a review with the Ad-Hoc Committee for the March Board Meeting.   Due to time constraints the advocacy option cannot be placed on the June 2006 ballot.
  • Update on 85/101 North with significant progress towards the completion of the 1996 measure B Transportation Improvement
  • Results compiled from Marketing and Public Relations firm Godbe Research Survey that gathered cumulative unbiased representative data on Santa Clara County resident’s opinions of services provided by VTA, and the evaluation of that information. 
  
9. PUBLIC PRESENTATIONS

Martin Bishop, Interested Citizen, referred to a letter regarding alternative restraints for mandatory securement on 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 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, provided a report on the January 12, 2006
PAC Meeting, highlighting:

  • Election of Los Gatos Town Council Member Steve Glickman as the PAC Chairperson for 2006, and Saratoga Mayor Norman Kline as Vice Chairperson.
  • Received presentation from BayRail Alliance on the proposed Caltrain Metro East Service, Which would provide rail service from Fremont to San Jose.
  • Discussed 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.
  • Reviewed and provided feedback to staff on the proposed 2006 State Legislative Program.
  

CONSENT AGENDA

Approved, as amended.

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 not to exceed $9,542,411 be removed from the Consent Agenda and placed on the Regular Agenda.

  
11.

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

  
12.

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

  
 

ADMINISTRATION AND FINANCE COMMITTEE

13.

Approved the appointment of Agnews Developmental Center to the Committee for Transit Accessibility (CTA) for a two-year term.

  
14.

Ratified the appointment of Charlotte Powers to the Citizens Advisory Committee (CAC) position representing the City of San Jose.

  
15.

Authorized 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.

Authorized 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.

Authorized the 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.

Approved the 2006 State Legislative Program for the Santa Clara Valley Transportation Authority (VTA).

  
19.

(Removed from the Consent Agenda 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.

Adopted 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.

Authorized 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

21. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

Received Items of Concern and Referral to Administration.

  
22. LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

  
23. 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 as contained in the Agenda Packet.

  
24. 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)

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.

  
25. 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)

  
26. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

There were no Announcements.

  
27. REPORT FROM THE CHAIRPERSON

A.         Re-affirmed Board Standing Committee Appointments.

B.         AppointedCity of San Jose Mayor Ron Gonzales and Board Member             Dolly Sandoval Co-Chairpersons for the 2006 APTA Committee Host
            Committee.
  
28. ANNOUNCEMENT

There were no Announcements.

  
29. ADJOURNED at 7:03 PM
 
  
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