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Santa Clara Valley Transportation Authority Board of Directors Committee of the Whole Meeting (In Lieu of Administration and Finance Committee Meeting)

Wednesday, July 14, 2004
12:00 PM

City of San Jose
801 North First Street - Room 204
3331 North First Street
San Jose, California

Summary Minutes

1. CALLED TO ORDER at 12:04 p.m.

ROLL CALL

Members Present
David Casas
Cindy Chavez
Patricia Dixon
John McLemore
Forrest Williams

Members Absent
Jim Beall, Ex-Officio
David Cortese
Pat Dando
Frederik Fowler
Don Gage, Chairperson
Ron Gonzales
Pete McHugh
Joe Pirzynski, Vice Chairperson

Alternates Present
Breene Kerr
Dolly Sandoval

Alternates Absent
Blanca Alvarado
Dennis Kennedy
Ken Yeager

Noted a quorum of the Board of Directors was present; however, recommendations would be forwarded for consideration at the August 5, 2004 Regular Board of Directors Meeting.

* Alternates do not serve unless participating as a Member.

A quorum of the Committee of the Whole was declared.
  
2. PUBLIC PRESENTATIONS

There were no Public Presentations.
  
3. ORDERS OF THE DAY

Removed Agenda Item 4., Report on Santa Clara Valley Transportation Authority Investments for the months of April and May 2004 from the Consent Agenda to the Regular Agenda.

Removed Agenda Item 13., Authorize the General Manager to execute a contract with Golden Bay Construction, the lowest responsible bidder, in an amount of $2,354,187 for construction of the Vasona Light Rail Project Winchester Park & Ride and Campbell Parking Lot Improvements. This contract is one percent federally funded from the Consent Agenda to the Regular Agenda.

Removed Agenda Item 14., Authorize the General Manager to amend the total authorized funding for the Stacy and Witbeck, Inc. Group 1 Light Rail Station Finishes contract by an amount of $600,000 to accommodate delay impacts beyond VTA control for a new contract amount of $6,463,456. This contract is 52 percent federally funded from the Consent Agenda to the Regular Agenda.

The Committee of the Whole approved the Orders of the Day.
  

CONSENT AGENDA

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

Report on Santa Clara Valley Transportation Authority Investments for the months of April and May 2004.
  
5. The Committee of the Whole received and filed the Monthly Legislative Reports.
  
6. The Committee of the Whole received and filed the Community Oriented Design Enhancements (CODE) Program Update May through July 2004.
  
7. The Committee of the Whole received and filed the Report on the Capitol Light Rail Project for the Month of May/June 2004.
  
8. The Committee of the Whole received and filed the Report on the Tasman East Light Rail Project for the Month of May/June 2004.
  
9. The Committee of the Whole received and filed the Report on the Vasona Light Rail Project for the Month of May/June 2004.
  
10. The Committee of the Whole received and filed the Joint Powers Board Monthly Status Report.
  
11. The Committee of the Whole approved submitting a recommendation to the Board of Directors to ratify the reappointments of the following individuals to the Bicycle and Pedestrian Advisory Committee (BPAC) for the term ending June 30, 2006: Bob Eltgroth representing the City of Morgan Hill; David Simons representing the City of Sunnyvale; and Bill Manry representing the City of Monte Sereno.
  
12. The Committee of the Whole approved submitting a recommendation to the Board of Directors to ratify the appointment of Donald R. Burnett to the Citizens Advisory Committee (CAC) position representing the West Valley Cities.
  
13. (Removed from the Consent Agenda and placed on the Regular Agenda.)

Authorize the General Manager to execute a contract with Golden Bay Construction, the lowest responsible bidder, in an amount of $2,354,187 for construction of the Vasona Light Rail Project Winchester Park & Ride and Campbell Parking Lot Improvements. This contract is one percent federally funded.
  
14. (Removed from the Consent Agenda and placed on the Regular Agenda.)

Authorize the General Manager to amend the total authorized funding for the Stacy and Witbeck, Inc. Group 1 Light Rail Station Finishes contract by an amount of $600,000 to accommodate delay impacts beyond VTA control for a new contract amount of $6,463,456. This contract is 52 percent federally funded.
  
15. The Committee of the Whole approved submitting a recommendation to the Board of Directors to adopt a support position for SB 1381 (Kuehl), which implements the recommendations contained in the California Blueprint for Bicycling and Walking, a Caltrans report regarding the need for improving bicycling and walking infrastructure within the state.
  
16. The Committee of the Whole approved submitting a recommendation to the Board of Directors to authorize the General Manager to approve the award of a contract to U. S. Health Works for Substance Abuse Testing, Medical Review Officer and Medical Examination Services for three years with an option for two one-year extensions. The contract value for the three-year period is $414,000.
  
17. The Committee of the Whole approved submitting a recommendation to the Board of Directors to adopt a resolution authorizing filing an application with the Bay Area Air Quality Management District (BAAQMD) for Transportation Fund for Clean Air 60 percent Regional funds for the construction of Phase 2 of the River Oaks Bicycle/Pedestrian Project. Authorize the General Manager to execute the funding agreement upon receipt from BAAQMD.
  
18. The Committee of the Whole approved submitting a recommendation to the Board of Directors to authorize the General Manager to amend the contract with URS Corporation for final design and design support during construction of the Route 85/87 Interchange Project, increasing the approved contract value by $110,865 for a new total contract value not to exceed $5,353,518.
  
19. The Committee of the Whole approved submitting a recommendation to the Board of Directors to authorize the General Manager to execute a cooperative agreement with the City of Sunnyvale for the transfer of Federal Transit Administration (FTA) Section 5307 Transit Enhancement funds for the City of Sunnyvales Frances Street Transit Center Project; and appropriate $222,500 from VTAs FY 05 Capital Budget.
  
20. The Committee of the Whole approved submitting a recommendation to the Board of Directors to authorize the General Manager to execute a cooperative agreement with the City of Palo Alto for the transfer of Federal Transit Administration (FTA) Section 5309 Bus and Bus Facilities funds for the Palo Alto Intermodal Transit Center Project; and appropriate $309,384 from VTAs FY 05 Capital Budget.
  
21. The Committee of the Whole approved submitting a recommendation to the Board of Directors to authorize the General Manager to execute a contract with Mitchell Equipment Corporation, the sole responsive and responsible bidder for the purchase of a light rail vehicle car mover for $431,190.
  
22. The Committee of the Whole approved submitting a recommendation to the Board of Directors to authorize the General Manager to award a contract to Peterson Dean Commercial, Inc., the lowest responsive and responsible bidder, for re-roofing Building B at the River Oaks facility for $289,145.

The Agenda was taken out of order.
  

REGULAR AGENDA

4. Queried on the economy and how the economy is performing in regards to investments.

Staff announced the retirement of Gerald Rosenquist, Acting Chief Financial Officer, within the next two and half weeks.

The Committee of the Whole congratulated Mr. Rosenquist on his retirement and wished him well.

Staff responded that interest rates have increased and are noted within the investment report.

Referenced Attachment G1 G2: Payden & Rygel Investment Manager Performance and queried on the investments report. Staff responded that it is a reflection of movement with the interest rates and investments.

Queried on how the Fixed Money Managers determine whether an investment is meeting a set target. Staff responded that money managers provide staff with a review and noted that for most of the time period VTA has been exceeding the benchmark.

Staff suggested the new Chief Financial Officer present a discussion regarding the investment process in the fall to Committee Members.

The Committee of the Whole received and filed the Report on Santa Clara Valley Transportation Authority Investments for the months of April and May 2004.
  
13. Queried on the project. Staff responded that the lowest bidder was determined non-responsive and did not use a pre-qualified subcontractor.

The Committee of the Whole approved submitting a recommendation to the Board of Directors to authorize the General Manager to execute a contract with Golden Bay Construction, the lowest responsible bidder, in an amount of $2,354,187 for construction of the Vasona Light Rail Project Winchester Park & Ride and Campbell Parking Lot Improvements. This contract is one percent federally funded.
  
14. Queried on the delay of the project. Staff responded that two elements of the change order delay issues are related to Caltrain and Amtrak regarding impacts at the Caltrain Diridon Yard as well as changes to design criteria with the City of San Jose related to an adjoining development project regarding Americans with Disabilities Act (ADA) requirements.

The Committee of the Whole approved submitting a recommendation to the Board of Directors to authorize the General Manager to amend the total authorized funding for the Stacy and Witbeck, Inc. Group 1 Light Rail Station Finishes contract by an amount of $600,000 to accommodate delay impacts beyond VTA control for a new contract amount of $6,463,456. This contract is 52 percent federally funded.
  
23. The Committee of the Whole approved submitting a recommendation to the Board of Directors to authorize the General Manager to execute a contract with the lowest responsible bidder for the construction of the Palo Alto Caltrain Transit Center. This project is funded 41 percent by the 1996 Measure B Transportation Improvement Program and 59 percent by Federal grant.

Staff noted a final recommendation for the construction of the Palo Alto Caltrain Transit Center contract would be forwarded to the Board of Directors for consideration at the August 5, 2004 VTA Board of Directors Regular Meeting.
  
24. Requested that the overall safety information record regarding the regional and national performance remain part of the application process even if it will not be part of the evaluation process.

The Committee of the Whole approved submitting a recommendation to the Board of Directors to approve a modification to Section C of the Contractor Pre-qualification Program scoring criteria, which will recognize only those OSHA, Clean Air and other safety violations incurred by the Bay Area office of a contractor having more than one office and further, modify the pilot program to allow sub-contractors nearing the end of a two-year pre-qualification period to re-qualify for an additional year by submitting a Validation Statement.
  
25. Noted that the Dumbarton Rail Corridor Project would be included in projects receiving funding from the Metropolitan Transportation Commission (MTC).

Queried on the Dumbarton Rail Corridor Project Policy Advisory Board funding partnership and how the Silicon Valley Manufacturing Group (SVMG) became a part of the Dumbarton Rail Corridor Project Policy Advisory Board (PAB) since SVMG is not a funding partner. Responded that SVMG was invited by SamTrans to participate on the Dumbarton Rail Corridor Project PAB committee on account of funding contributed to pass the 2000 Measure A. Staff added that the SVMG was originally placed on both the Technical Advisory Committee (TAC) and PAB on account of funding contributed for work on the conceptual engineering and the planning of the project.

Requested clarification regarding SVMGs role in the Dumbarton Rail Corridor Project PAB. Staff responded that SVMG was involved in the Dumbarton Rail Corridor Project PAB representing the business community.

Responded that SVMG participation in the Dumbarton Rail Corridor Project PAB committee is only temporary.

Alternate Board Member Sandoval left her seat at 12:48 p.m. The quorum was lost and a Committee of the Whole was declared.


Recommended approving the funding for the project EIS/EIR and added that the project has great potential in terms of the farebox recovery.

Requested clarification regarding SVMG role in the committee and requested that the report include Santa Clara Station as part of the EIS/EIR study for the project.

The Committee of the Whole approved submitting a recommendation to the Board of Directors to amend the VTA FY 2004 05 Capital Budget to add $1 million for the Dumbarton Rail Corridor project, and further authorize the General Manager to execute an agreement for providing an amount not to exceed $1 million as VTAs one-third local funding share of the cost of preparing the Dumbarton Rail Corridor Project Environmental Impact Statement and Environmental Impact Report (EIS/EIR).
  

OTHER ITEMS

26. Committee Staff Report: Heard a report regarding the General Manager unable to attend the Committee of the Whole Meeting due to a meeting conflict with a City Managers Meeting. Staff announced that Roger Contreras, Chief Financial Officer, would be attending the August 5, 2004 VTA Board of Directors Regular Meeting. Staff noted Mr. Contreras previous experience with SamTrans and Muni.

Alternate Board Member Sandoval took her seat at 12:56 p.m. and a quorum of the Committee of the Whole was declared.
  
27. Chairpersons Report: Acknowledged and thanked Board Members for their attendance and participation within the Committee of the Whole Meeting.
  
28. Determined Consent Agenda for the August 5, 2004 Board Meeting

CONSENT: Agenda Item # 11., Ratify the reappointments of the following individuals to the Bicycle and Pedestrian Advisory Committee (BPAC) for the term ending June 30, 2006: Bob Eltgroth representing the City of Morgan Hill; David Simons representing the City of Sunnyvale; and Bill Manry representing the City of Monte Sereno; Agenda Item # 12., Ratify the appointment of Donald R. Burnett to the Citizens Advisory Committee (CAC) position representing the West Valley Cities; Agenda Item # 13., Authorize the General Manager to execute a contract with Golden Bay Construction, the lowest responsible bidder, in an amount of $2,354,187 for construction of the Vasona Light Rail Project Winchester Park & Ride and Campbell Parking Lot Improvements. This contract is 1 percent federally funded; Agenda Item # 14., Authorize the General Manager to amend the total authorized funding for the Stacy and Witbeck, Inc. Group 1 Light Rail Station Finishes contract by an amount of $600,000 to accommodate delay impacts beyond VTA control for a new contract amount of $6,463,456. This contract is 52 percent federally funded; Agenda Item #15., Adopt a support position for SB 1381 (Kuehl), which implements the recommendations contained in the California Blueprint for Bicycling and Walking, a Caltrans report regarding the need for improving bicycling and walking infrastructure within the state; Agenda Item #16., Authorize the General Manager to approve the award of a contract to U. S. Health Works for Substance Abuse Testing, Medical Review Officer and Medical Examination Services for three years with an option for two one-year extensions. The contract value for the three-year period is $414,000; Agenda Item # 17., Adopt a resolution authorizing filing an application with the Bay Area Air Quality Management District (BAAQMD) for Transportation Fund for Clean Air 60 percent Regional funds for the construction of Phase 2 of the River Oaks Bicycle/Pedestrian Project. Authorize the General Manager to execute the funding agreement upon receipt from BAAQMD; Agenda Item # 18., Authorize the General Manager to amend the contract with URS Corporation for final design and design support during construction of the Route 85/87 Interchange Project, increasing the approved contract value by $110,865 for a new total contract value not to exceed $5,353,518; Agenda Item # 19., Authorize the General Manager to execute a cooperative agreement with the City of Sunnyvale for the transfer of Federal Transit Administration (FTA) Section 5307 Transit Enhancement funds for the City of Sunnyvales Frances Street Transit Center Project; and appropriate $222,500 from VTAs FY 05 Capital Budget; Agenda Item # 20., Authorize the General Manager to execute a cooperative agreement with the City of Palo Alto for the transfer of Federal Transit Administration (FTA) Section 5309 Bus and Bus Facilities funds for the Palo Alto Intermodal Transit Center Project; and appropriate $309,384 from VTAs FY 05 Capital Budget; Agenda Item # 21., Authorize the General Manager to execute a contract with Mitchell Equipment Corporation, the sole responsive and responsible bidder for the purchase of a light rail vehicle car mover for $431,190; and Agenda Item # 22., Authorize the General Manager to award a contract to Peterson Dean Commercial, Inc., the lowest responsive and responsible bidder, for re-roofing Building B at the River Oaks facility for $289,145.

REGULAR: Agenda Item # 23., Authorize the General Manager to execute a contract with the lowest responsible bidder for the construction of the Palo Alto Caltrain Transit Center. This project is funded 41 percent by the 1996 Measure B Transportation Improvement Program and 59 percent by Federal grant; Agenda Item # 24., Approve a modification to Section C of the Contractor Pre-qualification Program scoring criteria, which will recognize only those OSHA, Clean Air and other safety violations incurred by the Bay Area office of a contractor having more than one office and further, modify the pilot program to allow sub-contractors nearing the end of a two-year pre-qualification period to re-qualify for an additional year by submitting a Validation Statement; and Agenda Item # 25., Amend the VTA FY 2004 05 Capital Budget to add $1 million for the Dumbarton Rail Corridor project, and further authorize the General Manager to execute an agreement for providing an amount not to exceed $1 million as VTAs one-third local funding share of the cost of preparing the Dumbarton Rail Corridor Project Environmental Impact Statement and Environmental Impact Report (EIS/EIR).
  
29. Announcements

Thanked and acknowledged staff for their diligent work on the Tasman East/Capital Light Rail Opening Event held at the Great Mall Transit Center on June 23, 2004. Noted that the event was a great success and very well attended by the community.
  
30. ADJOURNED at 12:58 p.m.