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Board Minutes


BOARD OF DIRECTORS MEETING

Thursday, March 2, 2006

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

Summary Minutes

1. CALLED TO ORDER at 5:31 PM
 
2. ROLL CALL

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

Board Members Absent:    McLemore (Ex-Officio)

Alternate Board Members Present: Matthews, McHugh, Pinhiero

Alternate Board Members Absent:    Kline, Yeager

*   Alternates do not serve unless participating as a Member.

A quorum was present.

  
3. ADJOURNED TO CLOSED SESSION at 5:32 PM

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

        Name of Case:   Madline Russell vs. Valley Transportation Authority
        WCAB No. SJO 2005563/64/65/66/67/68

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

        Name of Case:   MCM Construction, Inc. v. Santa Clara Valley Transportation Authority
        Santa Clara Superior Court Case No.: 1-04CV014166 (Construction Contract)

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

         Title:            General Counsel

RECONVENED TO OPEN SESSION at 5:49 PM

  
4.

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

        Name of Case:   Madline Russell vs. Valley Transportation Authority
        WCAB No. SJO 2005563/64/65/66/67/68

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

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

        Name of Case:   MCM Construction, Inc. v. Santa Clara Valley Transportation Authority
        Santa Clara Superior Court Case No.: 1-04CV014166 (Construction Contract)

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

C.     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

There were no Orders of the Day.

Commended VTA staff for their professionalism and teamwork during the Mardi Gras celebration.

  
6. AWARDS AND COMMENDATIONS

A.       Employees of the Month for March 2006

Presented awards to Adolf Daaboul, River Oaks Administration, Laura Angel, Operations, and Sonia Unger, Cerone Maintenance, as our Employees of the Month for March 2006, and Chuck Maples, as the Supervisor of the Quarter of 2006.  

B.       Employees of the Year for 2005

Presented awards to Ronald Young, Chaboya Administration, as Employee of the Year for 2005, and Mark Thomas, Bus and Light Rail Technical Training Supervisor, as our Supervisor of the Year for 2005.   Philip Hines, North Division Operations and Belete Bekele, Guadalupe Division Maintenance Employees of the Year for 2005 were not able to attend.

  
7. REPORT FROM THE GENERAL MANAGER

Welcomed Board Member Nguyen and provided a report highlighting:  1) February 15, 2006 Rosa Parks Dedication Ceremony; 2) Black History Month Celebration;   3) February 24, 2006 ribbon cutting ceremony in the City of Gilroy for Highway 152 Improvements; 3) February 25, 2006 opening of the Delmas Dog Park; 4) award from National Association of the Advancement of Colored People (NAACP); 5) Transit Mall Station closure to begin raising platforms; 5) completion of State Route 85 Noise Mitigation Project; 6) status of River Oaks Bicycle and Pedestrian Bridge; 7) deferring consideration of the Sheriff’s Department contract for law enforcement services to the June 2006 Board of Directors Meeting;  8) deferring consideration of the bus mobility device securement policy until the May 2006 Board Meeting;  9) memorandum reviewing status of referrals from February 2, 2006 Board Meeting; and 10) Infrastructure Bond Advocacy Principals.

  
8. PUBLIC PRESENTATIONS

Jerry Grace, Interested Citizen, requested information from the January and February 2006 Board of Directors Meeting and that he be called if meetings are cancelled.

Don Lindt, Interested Citizen, expressed concern regarding security issues and requested VTA install video surveillance cameras at the Branham and Capitol Park N Ride Lots.

Bruce Stevens, Interested Citizen, expressed concern regarding information provided at the Transportation Planning and Operations Committee Meeting of February 15 2006. Mr. Stevens also expressed concern regarding reduction of staff in the Protective Services Department and safety of employees and requested effected staff be involved in the future staff reductions.

David Cole, Interested Citizen, expressed concern regarding information provided at the Transportation Planning and Operations Committee Meeting on February 15, 2006, and proposal provided to Senior Management regarding revenue loss from passengers evading fare payments. 

Laura Angel, Public Citizen, expressed concern regarding the importance of safety to passengers and staff and lack of personnel.

Noah Banks, Interested Citizen, expressed concern regarding the reduction of Protective Services staff and security issues and requested the involvement of everyone on the Committee with regard to wheelchair securement.

Eyedin Zonobi, Transportation Solutions, referenced a letter dated February 21, 2006, expressing concern regarding closure of the El Paseo de San Antonio Station and requested the station be back into operation by August 23, 2006.

Eugene Bradley, Santa Clara Valley Transit Authority Rider’s Union, echoed previous concerns regarding safety and stated there is a need to hire additional staff.   Mr. Bradley expressed concern regarding the temporary closure of the light rail stations.

Martin Bishop, NEED Project, referenced a document provided to the Board of Directors regarding deferment of mandatory mobility device restraints and requested the Board of Directors provide a directive to VTA staff regarding further research.

Omar Chatty, referenced the General Manager’s Report regarding Highway 152 thanking staff and the Board of Directors for their support.  Mr. Chatty expressed concern that the bond measure did not reference Pacheco Pass and requested staff focus on widening Highway 152 on the existing alignment. 

Andy Chow, expressed concern regarding the short notification of the closure of the El Paso de San Antonio Light Rail Station.

  
9. Policy Advisory Committee (PAC) Chairpersons Report

There was no Policy Advisory Committee (PAC) Chairperson’s Report.

  

CONSENT AGENDA

10.

Approved the Minutes of the Board of Directors’ Workshop Meeting of January 27, 2006.

  
11.

Approved the Minutes of the Regular Board of Directors’ Meeting of February 2, 2006.

  
 

ADMINISTRATION AND FINANCE COMMITTEE

12.

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

  
13.

Authorized the General Manager to execute a Local Assistance Contribution Agreement with Caltrans for the State Route 152 Truck Climbing Lane Project. 

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

14.

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

Approve the scoring criteria to evaluate projects submitted to receive funding from the Lifeline Transportation Program.

 

  
 

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

  
14.

Approved the scoring criteria to evaluate projects submitted to receive funding from the Lifeline Transportation Program.

  
15.

Discussed adopting the VTA 2000 Measure A Transit Program with a Revenue and Expenditure Plan that assumes a new 30-year, quarter-cent, local sales tax supporting the construction, and operation of the 2000 Measure A projects.

  
16.

Considered alternatives for placing the local transactions and use before the voters of Santa Clara County for transportation purposes. 

The following interested citizens addressed the Board:   Kevin Kittila, Eugene Bradley, and Jerry Grace.

  
15.

Rejected adopting the VTA 2000 Measure A Transit Program with a Revenue and Expenditure Plan that assumes a new 30-year, quarter-cent, local sales tax supporting the construction and operation of the 2000 Measure A projects.

Appointed a Project Priority and Revenue Advisory Committee consisting of  VTA Vice Chairperson Dean Chu, VTA Board Members Don Gage, Forrest Williams, Liz Kniss, and Dolly Sandoval.

a)  In order to invite and ensure full public participation, this Committee will meet in the evening and will be publicly noticed to the fullest extent possible.
b)   All VTA committees will be invited and encouraged to attend and participate in the committee and VTA Board meetings.
c)   The Committee will report back to the Board of Directors on a monthly basis where the Board of Directors will give feedback, conceptual input, and approval at each stage.
d)   Direct the Committee to create a work plan for its activities, which shall include working with the Policy Advisory and Technical Advisory Committees for their input, to be presented at the April Board meeting.
e) The Committee will conclude its deliberations and present recommendations no later than the August Board meeting and may include a July Board meeting.

Assigned to the Committee the task of reviewing a Measure A project list that includes all Measure A projects plus a program of local streets, county expressways, and bicycle and pedestrian path improvements, an expanded Senior/Disabled program, a gradual VTA service increase, and the Sunnyvale/Cupertino Bus Rapid Transit project.

Assignedto the Committee the task of prioritizing these projects and creating strategies to secure sufficient revenues to fund the entire Project list cited in Recommendation 3.  At a minimum the Committee will consider revenues from:

a)  any state infrastructure bond(s) placed on the ballot;
b)  Santa Clara County government, in the event that the half-cent sales tax placed on the June 2006 ballot is approved by the voters;
c)   a potential VTA quarter-cent sales tax; and,
d)   other federal and state sources.

Directed the General Manager to provide staff assistance to the Committee as needed.

Approved the meetings be held at 5:30 p.m. in a variety of locations throughout the County of Santa Clara to receive a wide variety of input. 

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #19.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 #19.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 #19.C.)

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

17. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

Board Member Kerr recommended that VTA undertake an energy conservation initiative designed to reduce the CO2 emissions and kilowatt hours consumed per passenger boarding, keep track of total kilowatt hours and CO2 emissions VTA for all other operations, establish goals for reduction in CO2 emissions and kilowatt hours consumed per passenger boarding at the Board of Directors’ level, and measure progress towards these goals on annual basis which would align VTA’s activities with that private businesses in Silicon Valley are doing as well as other cities, states, and public agencies the Country to reduce global warming.

  
18. LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

  
19. 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.

Mr. Grace requested staff provide information to him from the Administration and Finance Committee and Congestion Management Program and Planning Committee.

  
20. 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.

  
21. 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

On order of Chairperson Chavez, there being no objection, the Peninsula Corridor JPB report was received and filed.

B.  Capitol Corridor JPB

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

C.  Metropolitan Transportation Commission (MTC)

On order of Chairperson Chavez, there being no objection, the Metropolitan Transportation Commission (MTC) report was received and filed.

  
22. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A.   Vasona Light Rail PAB 

There was no report from the Vasona Light Rail PAB.

B.  Silicon Valley Rapid Transit Corridor PAB 

Accepted as contained in the Agenda Packet.

C.  Downtown East Valley PAB

Accepted as contained in the Agenda Packet.

D.  Highway PAB – South

Accepted as contained in the Agenda Packet.

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.

  
23. REPORT FROM THE CHAIRPERSON

Stated the ceremony for Rosa Park was beautifully done.

Expressed appreciation for staff’s representation at the Delmas Dog Park opening.

  
24. ANNOUNCEMENTS

There were no announcements.

  
25.

ADJOURNED at 8:30 PM

  
  
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