CALLED TO ORDER at 5:35 p.m.

ROLL CALL

Board Members Present: Campos, Chavez, Chu, Gage, Gonzales, Kniss, Livengood, Matthews, McLemore (Ex-Officio), Pirzynski, Williams

Board Members Absent: Beall (Ex-Officio), Casas, Cortese

Alternate Board Members Present: Kennedy, Kerr, McHugh

Alternate Board Members Absent:   Sandoval, Yeager

*   Alternates do not serve unless participating as a Member.

            A quorum was present.

ADJOURNED TO CLOSED SESSION at 5:37 pm

Existing Litigation - Conference with Legal Counsel

             [Government Code Section 54956.9(a)]

Santa Clara Valley Transportation Authority v. Mission West Shoreline, LLC 

(Santa Clara County Superior Court Case No. 1-02-CV 810069) (Eminent Domain)        

ADDENUM TO AGENDA

CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Government Code
Section 54956.9: (1 case)

Santa Clara Valley Transportation Authority v. Mission West Shoreline, LLC 

(Santa Clara County Superior Court Case No. 1-02-CV 810069) (Eminent Domain)         

[Government Code Section 54956.9(a)]

RECONVENED TO OPEN SESSION at 5:50 p.m.

CLOSED SESSION REPORT  

There was no reportable action taken during Closed Session.           

ORDERS OF THE DAY

Requested that the following Agenda Item be removed from the Consent Agenda and placed on the Regular Agenda: Item #17. Approve the consultant contract with Economic Research Associates (ERA) to analyze joint development opportunities at future BART stations in Santa Clara County.   The contract will be for a maximum one-year period with a total value not to exceed $250,000

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 extend the contract with Bright Horizons Children’s Centers, Inc., for operation of the Tamien Child Care Center for two additional years, from October 23, 2005 to October 22, 2007 in the amount of $41,000. 

Requested that the following Agenda Item be removed from the Consent Agenda and placed on the Regular Agenda: Item #22.   Approve the following list of consultants, which will be valid for a five-year period, and authorize the General Manager to execute contracts for business goodwill appraisals for Valley Transportation Plan 2030 projects.   Each contract shall be for an initial three-year period with options for two additional years with a total value not to exceed $550,000.  Federal funds may be utilized to fund contracts if task orders are executed for federally funded capital improvement projects.  Qualified consultants are:  Desmond, Marcello & Amster, San Francisco, CA; Donna Desmond Associates, Los Angeles, CA; Girbovan, Inc., (dba Integra Tech), Westlake Village, CA; Grobstein, Horwath & Company LLP, Sherman Oaks, CA; Marshall & Stevens Inc., San Francisco, CA; Sanli Pastore & Hill, Inc., Sacramento, CA.

Accepted the Orders of the Day.

AWARDS AND COMMENDATIONS

A. Employees of the Month for October 2005

Presented  award to Ronald “Ron” Schwartz, River Oaks Administration, as VTA Employee of the Month for October 2005.   Michael Mara, Chaboya Operations; and Russell Tabaldo, Chaboya Maintenance was unable to attend.

B.  Resolution of Commendation No. 05.08.12 for Retiring VTA Employee
Ron Compton

Presented Resolution of Commendation No. 05.08.12 for Retiring VTA employee Ron Compton.

C.Resolution of Commendation for Retiring VTA Employee Denise High

Adopted Resolution of Commendation No. 05.09.17 for Retiring VTA Employee

Denise High.

D.Domestic Violence Awareness Month

 Adopted Resolution No. 05.09.18 recognizing October as Domestic Violence Awareness Month.

REPORT FROM THE GENERAL MANAGER

Provided a report highlighting: 1) met with Civil Grand Jury,
2) New Starts Criteria to Federal Transit Administration (FTA) for Silicon Valley Rapid Transit Corridor (SVRTC), 3) VTA recognized by the National Clean Bus Network,
4) an alternative fuel display was held at San Jose State University, 5) marketing campaign to increase ridership numbers on public transportation, 6) VTA Hispanic cultural celebration, 7) fund drive for Hurricane Katrina victims, 8) Vasona Light Rail service opening, 9) Board Member Williams attended the APTA Conference.    

Hearing – Notice of Intention to Adopt a Resolution of   Necessity  

Closed Hearing and adopted Resolution of Necessity No. 05.09.19 determining that the public interest and necessity require the acquisition of certain additional property located at 1065-1085 L’Avenida Avenue, City of Mountain View, California for temporary construction easement purposes for the Route 85/101 North Interchange Project.

Property ID/Owner/Assessor’s Parcel Number

PUBLIC PRESENTATIONS

Tom Fink, ATU Local #265, expressed concern with financial scenario priorities and bus schedules.

Craig Gartman, Gilroy City Councilman, expressed concern that Line #17 does not stop at the new Super Walmart Store in Gilroy.

Jerry Grace, interested citizen, stated that he missed the last meetings because he was injured

Policy Advisory Committee (PAC) Chairperson’s Report

There was no committee report. Board Member Livengood left the meeting at 6:30 p.m.  

Alternate Board Member Kennedy took his seat at 6:31 p.m.

CONSENT AGENDA

Noted that the following Agenda Item was removed from the Consent Agenda and placed on the Regular Agenda: Item 17.   Approve the consultant contract with Economic Research associates (ERA) to analyze joint development opportunities at future BART stations in Santa Clara County.  The contract shall be for a maximum one-year period with a total value not to exceed $250,000.

Requested that the following Agenda Item be removed from the Consent Agenda and placed on the Regular Agenda: #20.  Authorize the General Manager to extend the contract with Bright Horizons Children’s Centers, Inc., for operation of the Tamien Child Care Center for two additional years, from October 23, 2005 to October 22, 2007 in the amount of $41,000. 

Noted  that the following Agenda Item was removed from the Consent Agenda and placed on the Regular Agenda: Item 22.   Approve the following list of consultants, which will be valid for a five-year period, and authorize the General Manager to execute contracts for business goodwill appraisals for Valley Transportation Plan 2030 projects.  Each contract shall be for an initial three-year period with options for two additional years with a total value not to exceed $550,000.   Federal funds may be utilized to fund contracts if task orders are executed for federally funded capital improvement projects.   Qualified consultants are:  Desmond, Marcello & Amster, San Francisco, CA; Donna Desmond Associates, Los Angeles, CA; Girbovan, Inc., (dba Integra Tech), Westlake Village, CA; Grobstein, Horwath & Company LLP, Sherman Oaks, CA; Marshall & Stevens Inc., San Francisco, CA; Sanli Pastore & Hill, Inc., Sacramento, CA.   

Approved the Minutes of the Regular Board of Directors’ Meeting of August 4, 2005.

ADMINISTRATION AND FINANCE COMMITTEE

Authorized the General Manager to execute a Planning Agreement with the County of Santa Clara, the City of San Jose, and the Santa Clara Valley Water District (Local Partners) and wildlife agencies and to execute Non-Voting Partner Agreements with the Cities of Gilroy and Morgan Hill for the Santa Clara Valley Habitat Conservation Plan/Natural Community Conservation Plan (Conservation Plan). 

Authorized the General Manager to execute a Planning Agreement with the County of Santa Clara, the City of San Jose, and the Santa Clara Valley Water District (Local Partners) and wildlife agencies and to execute Non-Voting Partner Agreements with the Cities of Gilroy and Morgan Hill for the Santa Clara Valley Habitat Conservation Plan/Natural Community Conservation Plan (Conservation Plan). 

Authorized the General Manager to renew benefit contracts with Kaiser, PacifiCare, Valley Health Plan, Delta, Pacific Union Dental, Vision Service Plan, and Custom Benefits Administrators for VTA employees and retirees for calendar year 2006. 

Authorized the General Manager to amend the existing agreement with Verint Video Solutions (formerly Loronix Information Systems) to upgrade Digital Video Recorders (DVRs) on 326 buses and provide maintenance for three years, with an option to extend the maintenance contract on an annual basis for two additional years, increasing the total contract to $2,459,161.   This amendment to the contract will not exceed $772,900 for the first three years and $630,100 for two additional years of maintenance. 

Approved the following list of consultants, which will be valid for five years and authorize the General Manager to enter into task order contracts for technology consulting and support services with each.   Each contract will be for a maximum three-year period, with an option for two additional years with a total contract value not to exceed $3,000,000 for all agreements.  Selected firms are: AIM Training Solutions/Executrain; Booz Allen Hamilton; Cambridge Systematics, Inc.; Ciber, Inc; CMCAmericas,Inc.; DKS Associates; ETouch Systems Corporation; General Networks,

Corporation; Lamoreaux-McLendon; Macro Corporation; MyITGroup;
Parsons Brinkerhoff Consulting, Inc.; Rapidigm, Inc.; Siemens Energy and Automation, Inc.; Unisys; and Zag Technical Services.

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

Approved the consultant contract with Economic Research Associates (ERA) to analyze joint development opportunities at future BART stations in Santa Clara County.   The contract will be for a maximum one-year period with a total value not to exceed $250,000. 

Approved the following list of six qualified consultants:   Connetics Transportation Group, Atlanta, GA; Fehr & Peers Transportation Consultants, San Jose, CA; Hexagon Transportation Consultants, San Jose, CA; IBI Group, San Francisco, CA; Kimley-Horn and Associates, Oakland, CA; and Wilber Smith Associates, San Francisco, CA., which will be valid for a five-year period, and authorize the General Manager to execute task order contracts to perform transportation planning and mass transit studies services for the 2000 Measure A Transit Improvement Program and VTA Joint Development Programs with the listed firms as funds become available for each project.  Each contract will be for a maximum three-year period with an option for two additional years with a total value not to exceed $1,000,000 for all agreements. 

Approved the following list of eight qualified consultants: DKS Associates, San Jose, CA; Fehr & Peers Transportation Consultants, San Jose, CA; Higgins Associates, Civil & Traffic Engineers, Gilroy, CA; International Parking Design, Inc., Oakland, CA; Nelson/Nygaard Consulting Associates, Inc., San Francisco, CA; Kimley-Horn Associates, Oakland, CA; Walker Parking Consultants, San Francisco, CA; and Watry Design, Inc., Redwood City, CA, which will be valid for a five-year period, and authorize the General Manager to execute task order contracts to perform parking demand, traffic impact and parking structure design services for the 2000 Measure A Transit Improvement Program and the VTA Joint Development Program with the listed firms as funds become available for each project.   Each contract will be for a maximum three-year period with an option for two additional years with a total value not to exceed $1,000,000 for all agreements

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

Authorize the General Manager to extend the contract with Bright Horizons Children’s Centers, Inc., for operation of the Tamien Child Care Center for two additional years, from October 23, 2005 to October 22, 2007 in the amount of $41,000.   When development is established at the Tamien site the inclusion of a childcare facility should be considered for evaluation purposes included in the project.            

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

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

TRANSIT PLANNING AND OPERATIONS COMMITTEE

Authorized the General Manager to execute a contract with HSQ Technology, Inc., the lowest responsible bidder, in the amount of $1,119,780, for installing the infrastructure to support TransLink® Card Interface Devices (CID) located at all VTA Light Rail Stations.   This contract is 88.5 percent federally funded. 

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

Approve the following list of consultants, which will be valid for a five-year period, and authorize the General Manager to execute contracts for business goodwill appraisals for Valley Transportation Plan 2030 projects.   Each contract shall be for an initial three-year period with options for two additional years with a total value not to exceed $550,000.  Federal funds may be utilized to fund contracts if task orders are executed for federally funded capital improvement projects.  Qualified consultants are:  Desmond, Marcello & Amster, San Francisco, CA; Donna Desmond Associates, Los Angeles, CA;  Girbovan, Inc., (dba Integra Tech), Westlake Village, CA; Grobstein, Horwath & Company LLP, Sherman Oaks, CA; Marshall & Stevens Inc., San Francisco, CA; Sanli Pastore & Hill, Inc., Sacramento, CA.

Authorizedthe General Manager to enter into up to six one-month extensions at an estimated cost of $71,000 per month with the Parking Company of America Management, LCC (PCA) for the provision of the Los Gatos Community Bus Light Rail Shuttle Service (Lines 48 and 49).

REGULAR AGENDA

Approved the consultant contract with Economic Research Associates (ERA) to analyze joint development opportunities at future BART stations in Santa Clara County.   The contract will be for a maximum one-year period with a total value not to exceed $250,000 

Authorized the General Manager to extend the contract with Bright Horizons Children’s Centers, Inc., for operation of the Tamien Child Care Center for two additional years, from October 23, 2005 to October 22, 2007 in the amount of $41,000.   When development is established at the Tamien site the inclusion of a childcare facility should be considered for evaluation purposes and included in the project.

Approved the following list of consultants, which will be valid for a five-year period, and authorize the General Manager to execute contracts for business goodwill appraisals for Valley Transportation Plan 2030 projects.   Each contract shall be for an initial three-year period with options for two additional years with a total value not to exceed $550,000.  Federal funds may be utilized to fund contracts if task orders are executed for federally funded capital improvement projects.  Qualified consultants are:  Desmond, Marcello & Amster San Francisco, CA; Donna Desmond Associates, Los Angeles, CA; Girbovan, Inc., (dba Integra Tech), Westlake Village, CA; Grobstein,

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - Forrest Williams

There were no items submitted for the Regular Agenda for the Administration and Finance Committee.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - Cindy Chavez

Approvedthe following list of qualified developers and authorize the General Manager to proceed with the Request for Proposals for joint development on the West San Carlos Street and Capitol properties, removing and separating Curtner Avenue and Tamien Light Rail Station properties, including for sale options of the land and retention of qualified developers modified to a two – year duration for selection criteria.   Qualified developers are as follows: ROEM Corporation and Avalon Bay Communities, Inc., Santa Clara, CA; Fairfield Residential LLC, San Francisco, CA; Bridge Housing Corporation, BRE Properties, Inc., Blake Hunt Ventures, & Green Valley Corporation (Barry Swenson Builders) San Jose, CA; Transit Development Partners LLC ( Kenwood Investments, Wilson Meany Sullivan & Stockbridge Capital Group) – San Frncisco, CA>           

Steve Kellenberger, Interested Citizen, stated his support of VTA Policy with Request for Qualifications (RFQ) and Request for Quotations (RFQ).

Anthony Ho, Interested Citizen noted his support of RFQ selection process.

TRANSIT PLANNING AND OPERATIONS COMMITTEE CHAIRPERSON'S REPORT - David Cortese

There were no items submitted for the Regular Agenda for the Transit Planning and Operation Committee.

OTHER ITEMS

ITEMS OF CONCERN AND REFERRal TO ADMINISTRATION

There were no items of concern and referral to Administration.

LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

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)

Acceptedas 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.

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

Ex-Officio Board Member John McLemore noted the upcoming Peninsula Corridor- JPB Meeting scheduled for October 6, 2005 will be held in Gilroy, CA.

B. Capitol Corridor JPB

C. Dumbarton Rail Corridor Policy Committee

D. Metropolitan Transportation Commission (MTC)

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  

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 theI-680 Sunol SMART Carpool Lane Policy Advisory Committee.

There were no Announcements.

ADJOURNED at 7:16 p.m.