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Board Minutes


BOARD OF DIRECTORS MEETING

Thursday, May 4, 2006

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

Summary Minutes

1. CALLED TO ORDER at 5:39 p.m.
 
2.

ROLL CALL

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

Board Members Absent: Cortese

Alternate Board Members Present: Kline, McHugh

Alternate Board Members Absent: Matthews, Pinheiro, Yeager

*   Alternates do not serve unless participating as a Member.

A quorum was present.

The Agenda was taken out of order.

  
6.

ORDERS OF THE DAY

Requested that Agenda Item #7. Awards and Commendations be heard before Agenda Item #3. Adjourn to Closed Session.

Requested to add an In Memoriam Adjournment and would speak to it after Agenda Item #7. Awards and Commendations.

Accepted Orders of the Day.

  
7.

AWARDS AND COMMENDATIONS

A.             Employees of the Month for May 2006

Presented awards to Kim Hurley, Secretary, Environmental Planning Administration; Bhupinder Bajwa, Guadalupe Division Operations; and Michael Crotts, Cerone Minor Maintenance, as VTA Employees of the Month for May 2006.

B.         Adopted Resolution of Commendation No. 06.05.07 for Senator Alfred E. Alquist

Kansen Chu, representative from Senator Alquist’s office, on behalf of Senator Elaine Alquist and in honor of Senator Alfred E. Alquist accepted and thanked VTA for the Resolution of Commendation.

  
6.

ORDERS OF THE DAY (continued)

Requested that the Meeting adjourn in memory of Sean Merriman, a District 4 Caltrans worker and resident of Gilroy who was killed April 4, 2006 on Highway 101 in San Jose while filling potholes near the Hellyer Avenue exit.

Accepted the Orders of the Day.

  
3.

ADJOURNED TO CLOSED SESSION at 5:50 p.m.

A.       Conference with Labor Negotiators

[Government Code Section 54957.6]

VTA Designated Representatives:

Roger Contreras, Chief Financial Officer

Bill Lopez, Chief Administrative Officer

Robert Escobar, Manager, Office of Employee Relations

Employee Organization:

Service Employees International Union (SEIU) Local 715

B.       Conference with Labor Negotiators

[Government Code Section 54957.6]

VTA Designated Representatives:

Roger Contreras, Chief Financial Officer

Bill Lopez, Chief Administrative Officer

Robert Escobar, Manager, Office of Employee Relations

Employee Organization:

Transportation Authority Engineers and Architects (TAEA)

RECONVENED TO OPEN SESSION at 6:44 p.m.

  
4.

CLOSED SESSION REPORT

A.       Conference with Labor Negotiators

[Government Code Section 54957.6]

VTA Designated Representatives:

Roger Contreras, Chief Financial Officer

Bill Lopez, Chief Administrative Officer

Robert Escobar, Manager, Office of Employee Relations

Employee Organization:

Service Employees International Union (SEIU) Local 715

There was no reportable action taken during Closed Session.

B.       Conference with Labor Negotiators

[Government Code Section 54957.6]

VTA Designated Representatives:

Roger Contreras, Chief Financial Officer

Bill Lopez, Chief Administrative Officer

Robert Escobar, Manager, Office of Employee Relations

Employee Organization:

Transportation Authority Engineers and Architects (TAEA)

There was no reportable action taken during Closed Session.

  
5.

Authorize the General Manager to amend the current labor agreement on May 15, 2006 or thereafter.   Approval of the recommendation enables the General Manager to use his discretion as to the effective date for implementation of the contract, provided that VTA and SEIU, Local 715 reach agreement on the full contract by June 14, 2006.

Gwene L. Haywood, SEIU, Local 715-VTA Chief Steward, noted that Local 715 supports the item that the Board of Directors is considering and Local 715 wants to work out issues during contract negotiations without the pressure of the May 15, 2006 expiration date or the pressure of the June 2006 election, in which Local 715 is a very active participant.

Requested that the second sentence contained in the recommendation be changed to reflect the following language: “Approval of the recommendation is limited to enabling   the General Manager to use his discretion as to the effective date for implementation of the contract as far back as May 15, 2006, provided that VTA and SEIU, Local 715 reach agreement on the full contract by June 14, 2006.”

Authorized the General Manager to amend the current labor agreement on May 15, 2006 or thereafter.   Approval of the recommendation is limited to enabling the General Manager to use his discretion as to the effective date for implementation of the contract as far back as May 15, 2006, provided that VTA and SEIU, Local 715 reach agreement on the full contract by June 14, 2006.

  
8.

Hearing – Notice of Intention to Adopt Resolution of Necessity 

Sylvester Heinberg, representing Thomas T. H. Lin, expressed concern regarding the offer of $122,000 made by VTA for the parcel of land owned by Thomas T. H. Lin.   He asked that the Board of Directors influence VTA to provide a better appraisal and offer on the parcel of land.

Closed Hearing and adopted Resolution of Necessity No. 06.05.08 determining that the public interest and necessity require the acquisition of fee and easement property interests from a parcel of land owned by Thomas T. H. Lin, et al, located near Gilroy, for the State Route 152/156 Improvement Project.

Property ID/Owner/Assessor’s Parcel Number

43005-1 & -2/Thomas T.H Lin, et al/APN: 898-23-002

  
9.

REPORT FROM THE GENERAL MANAGER

Heard a report, highlighting: 1) May 5, 2006 VTA Cinco de Mayo Celebration honoring Cesar Chavez at 11:30 a.m. at North Bus Operating Division; 2) May 17, 2006 River Oaks Pedestrian and Bicycle Bridge Opening Ceremony at 12:00 p.m.; 3) May 24, 2006 85/101 North Interchange Project in Mountain View at 10:00 a.m. at the VTA North Operating Division; 4) April 14 and April 28, 2006 VTA Board and Committee Tours; 5) 2005 VTA Employee Survey Results; 6) March 2006 bus and light rail ridership; 7) Status of Referrals from Board of Directors; 8) Status report on Infrastructure Bonds; and 9) Current VTA Marketing Efforts.   

A.         Received a presentation on the Programming and Project Delivery Process and reviewed the Programmed Projects Quarterly Monitoring Report for January to March 2006. 

Jerry Grace, Interested Citizen, noted that the General Manager’s Report was a very good report and that VTA’s Summer Youth Blast Past Promotion was a great concept.

  
10.

PUBLIC PRESENTATIONS

Martin Bishop, N.E.E.D. Project, noted that VTA would be the first Transportation Authority in the Country to have mandatory mobility securement devices on all buses.  He requested that Michelle Garza, VTA Board Assistant, read into the record his concerns regarding mandatory mobility securement devices on buses.

Mr. Grace referenced an article contained in the San Jose Mercury Newspaper, dated October 8, 2005, and provided the article to Chairperson Chavez. 

Zakhary Mallett, Interested Citizen, expressed concern regarding bicycle storage on light rail vehicles.

Eugene Bradley, Santa Clara VTA Riders Union, expressed concern regarding security issues at Light Rail Stations. 

  
11.

Policy Advisory Committee (PAC) Chairperson’s Report

Steve Glickman, PAC Chairperson, provided a brief report, highlighting:

  • PAC received a presentation from VTA Board Chairperson Cindy Chavez. She noted that Board Members are striving to further improve communication between the VTA Board of Directors and the Advisory Committees and encouraged PAC members to provide her with ideas and feedback;
  • PAC received a presentation and provided input regarding the scope of work for the VTA Organization & Financial Assessment;    
  • PAC received a presentation from the City of San Jose regarding the Coyote Valley Specific Plan;
  • PAC reviewed the following: a. Programmed Projects Quarterly Monitoring Report and b. FY 2007 Transportation Fund for Clean Air Manager Funds;
  • PAC Members have been invited to present their cities transportation needs for discussion by PAC and results of discussion would be forwarded to the Board of Directors.
  • PAC is scheduled to receive a City Transportation Presentation from the City of Palo Alto at the May 11, 2006 Meeting.

Chairperson Chavez provided a report on the discussion held at PAC regarding the issue related to a quorum, noting the challenges of some of the smaller cities being able to serve on PAC and the possibility of replacing the elected officials with a staff person to serve on PAC.

Mr. Grace expressed concern regarding attendance at meetings.

  

CONSENT AGENDA

, as amended.

Noted that a public speaker requested that the following Agenda Item be removed from the Consent Agenda and placed on the Regular Agenda:  Item #20. Authorize the General Manager to purchase insurance coverage for Excess Liability, General and Auto Liability, Public Officials Errors and Omissions Liability, Property/Boiler and Machinery, Inland Marine for Buses, Vans and Mobile Equipment, Inland Marine for Light Rail Vehicles, and Flood exposures, for the annual Operations Program insurance renewal for an amount not to exceed $1,830,000, from the proposers offering the most advantageous terms to VTA. 

Requested that the following Agenda Item be removed from the Consent Agenda and placed on the Regular Agenda:   Item #29. Authorize the General Manager to execute Memorandum of Understanding with the Council of San Benito County Governments regarding cooperation on development of transportation solutions for Santa Clara and San Benito Counties. 

  
12.

Approved the Minutes of the Regular Board of Directors’ Meeting of April 6, 2006.

  
 

ADMINISTRATION AND FINANCE COMMITTEE

13.

Appointed VTA Board Ex-Officio Member John McLemore to the BART Warm Springs Extension Project Policy Advisory Committee to represent VTA. 

  
14.

Authorized the General Manager to execute an agreement to continue the BART Plus multi-agency ticket program in cooperation with BART and eight other Bay Area transit agencies.

  
15.

Authorized the General Manager to execute a three-year contract with Vavrinek, Trine, Day and Co. (Vavrinek) to provide financial and compliance audit services to Santa Clara Valley Transportation Authority  (VTA) at a cost of $520,000 for the three-year period.  Further, authorized the General Manager to extend the contract for two additional one-year options at a price not to exceed $186,000 for the first year of renewal and $192,000 for the second year.  Total amount of the contract for the five-year period is $898,000. 

  
16.

Authorized the General Manager to enter into a contract with Oracle Corporation for software licenses and maintenance support for Oracle products for a period of five years.   The contract amount will not exceed $1,626,702. 

  
17.

Authorized the General Manager to enter into a contract with Advantel to maintain VTA’s telephone system and voice network.   The term of the contract is for two years, with an option to extend the contract for one additional year.  This contract will not exceed $230,000 for the first year; $230,000 for the second year; and $239,200 for the optional third year, for a total contract value not to exceed $699,200 over a three year period. 

  
18.

Authorized the General Manager to amend the existing agreement with Viscom Products to provide and install video surveillance systems on 20 additional light rail vehicles and provide maintenance for three years, with an option to extend the contract on an annual basis for two additional years of maintenance.   The contract amendment will be in the amount of $381,546 for the first three years and $48,100 for two additional years of optional maintenance.  Including this amendment, the total contract value will be $2,199,676. 

  
19.

Authorized the General Manager to execute the final and balancing contract change order with RGW Construction for construction of the Route 237/880 Interchange Stage C, Phase II project for a final contract amount of $27,550,030.79, an increase of $50,031 over the current Board of Directors authorized contract amount. 

  
20.

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

Authorize the General Manager to purchase insurance coverage for Excess Liability, General and Auto Liability, Public Officials Errors and Omissions Liability, Property/Boiler and Machinery, Inland Marine for Buses, Vans and Mobile Equipment, Inland Marine for Light Rail Vehicles, and Flood exposures, for the annual Operations Program insurance renewal for an amount not to exceed $1,830,000, from the proposers offering the most advantageous terms to VTA. 

  
21.

Adopted a support position for SB 1812 (Runner), which would permit Caltrans to participate in a federal pilot program that allows certain states to assume the responsibilities of the Federal Highway Administration (FHWA) under the National Environmental Policy Act (NEPA) for a limited period of time to see if this approach would speed up the delivery of capital improvement projects on the state highway system without a lessening of environmental protection.   Specifically, the bill authorizes Caltrans to consent to the jurisdiction of the federal courts with regard to the assumption of FHWA’s responsibilities under NEPA and waives the state’s Eleventh Amendment protection against lawsuits brought in federal court for as long as Caltrans participates in the pilot program.  SB 1812 has a two-year sunset. 

  
22.

Adopted Resolution No. 06.05.09 authorizing the General Manager to execute fund transfer agreements with the State of California Department of Transportation for fiscal years 2006 and 2007 State Transportation Improvement Program Planning, Programming and Monitoring Program.  

  
23.

Authorized the General Manager to execute a cooperative agreement with the
City of Milpitas that specifies the funding, project development and construction responsibilities for landscaping of State Route 237/Interstate 880 Interchange and Tasman East Light Rail Projects. 

  
24.

Authorized the General Manager to amend the contract with Parsons Transportation Group for final landscaping design and design support services during construction of the State Route 237/Interstate 880 Interchange Landscaping Project, increasing the approved contract value by $300,000 for a new total contract value of $6,055,139 and extending the contract term through December 31, 2007. 

  
25.

Authorized the General Manager to amend the contract with URS Corporation for final landscaping design and design support services during construction of the Interstate 880/Coleman Avenue Interchange Project, increasing the approved contract value by $350,000 for a new total contract value of $9,267,505 and extending the contract term through December 31, 2007. 

  
26.

Determinedthat approximately 1,390 square feet of vacant land located at 392 West San Fernando Street in the City of San Jose is surplus, and authorized the General Manager to execute all documents necessary to sell the parcel of land to Dwight and Roberta Centanne. 

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

27.

Approved the programming of FY 2007 Transportation Fund for Clean Air Program Manager (TFCA 40%) funds. 

  
28.

Approved an increase of $282,000 in the Bicycle Expenditure Program 1996 Measure B allocation for the River Oaks Bicycle and Pedestrian Bridge for a total allocation of $1.92 million from the 1996 Measure B Bicycle Account. 

  
29.

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

Authorize the General Manager to execute Memorandum of Understanding with the Council of San Benito County Governments regarding cooperation on development of transportation solutions for Santa Clara and San Benito Counties. 

  
 

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

  
20.

Authorized the General Manager to purchase insurance coverage for Excess Liability, General and Auto Liability, Public Officials Errors and Omissions Liability, Property/Boiler and Machinery, Inland Marine for Buses, Vans and Mobile Equipment, Inland Marine for Light Rail Vehicles, and Flood exposures, for the annual Operations Program insurance renewal for an amount not to exceed $1,830,000, from the proposers offering the most advantageous terms to VTA. 

Mr. Bishop referred to the mandatory securement of mobility devices and expressed concern regarding possible incidental expenses pertaining to the submittal of workers compensation claims due to bus operator injuries and damage to wheelchairs.

  
29.

Authorized the General Manager to execute Memorandum of Understanding, as amended, with the Council of San Benito County Governments regarding cooperation on development of transportation solutions for Santa Clara and San Benito Counties. 

Stated that the Memorandum of Understanding (MOU) is not broad enough, noting that the MOU is heavily focused on State Routes 152 and 156.

Requested that the following language contained in the MOU, Item 5. “The parties will work together with Caltrans to develop consensus solutions to address long-range transportation needs within the area” be amended as follows:    “The parties will work together with Caltrans to develop consensus solutions to address long-range transportation needs within the area such as SR 25, US 101, SR 152 and SR 156.”

Requested that the following language contained in the MOU, Item 6. “The parties will incorporate mutually agreed upon transportation improvements for the area into their respective long-range countywide transportation plans” be amended as follows:   “The parties will incorporate mutually agreed upon transportation improvements for the area, including Caltrain, into their respective long-range countywide transportation plans.”

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #33.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 #33.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 #33.C.)

30.

Adopted on a vote of 10 ayes, 1 noe, and 0 abstentions a proposed policy to require all mobility device users, such as wheelchair and scooter users, to ride with their devices secured on VTA buses.   This policy, if adopted, will have an effective date of January 1, 2007.  Board Member Perry opposed.

Mr. Bishop apologized to Board Member Kniss for not keeping his one-year re-appointment commitment on the Public Authority Advisory Board and noted that he looks forward to working with Board Member Williams in making the funding needed to make VTA strong.

Mr. Grace referred to discussions held at Alameda County (AC) Transit regarding scooters on buses and sidewalks and their impact to safety.

Directed attention to Mr. Bishop’s letter, dated May 4, 2006, addressed to the VTA Board of Directors regarding his concerns about the mandatory securement of mobility devices.  Noted that Mr. Bishop requested that the additional statement be read into the record:  “In addition, the VTA has not taken into account the cost of Workman’s Compensation for injuries, especially for those drivers who live in the Sacramento and Salinas areas.  In addition, VTA has not taken into account the repairs to wheelchair and mobility devices.”

  
  
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OTHER ITEMS

31.

ITEMS OF CONCERN AND REFERRal TO ADMINISTRATION

Received Items of Concern and Referral to Administration.

 

  
32.

LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

  
33.

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.

  
34.

REPORTS FROM AD HOC COMMITTEES

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

Accepted the Ridership Initiative to Develop Energy-Efficiency (RIDE) Task Force Report.

Mr. Bradley expressed concern that the RIDE Meeting Minutes of April 26, 2006 were not included in the May 4, 2006 Board of Directors Agenda Packet.  Also, expressed concern about VTA Operators not announcing bus stops.

B.         Project Advisory Committee (formerly referred to as the Project Priority and Revenue Advisory Committee)

Accepted the Project Advisory Committee Report.

  
35.

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.

  
36.

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)

  
37.

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.

Mr. Grace requested that a notice be placed at the meeting location to indicate that the meeting has been cancelled.

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.

  
38.

REPORT FROM THE CHAIRPERSON

There was no Report from the Chairperson.

  
39.

ANNOUNCEMENTS

There were no Announcements.

  
40.

ADJOURNED at 9:14 p.m.  in memory of Sean Merriman, a District 4 Caltrans worker and resident of Gilroy who was killed April 4, 2006 on Highway 101 in San Jose while filling potholes near the Hellyer Avenue exit.

  
  
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