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Board of Directors Meeting

April 06, 2000

 

Summary Minutes

1. CALLED TO ORDER at 6:08 p.m.

ROLL CALL: Members Present: Alvarado, Beall (Ex-Officio), Chavez, Eakins, LeZotte, Lucas, Matthews, McHugh, McLemore (Ex-Officio), Noe, Powers, Springer, Valerio, Woody

Members Absent: None

2. ORDERS OF THE DAY

Replaced resolution for Agenda Item #17., Adopt resolution authorizing VTA to enter into a Japanese sale and leaseback transaction (Transaction); approving Transaction Agreements and Operative Documents in connection with the Transaction, and authorizing the General Manager or Chief Financial Officer to execute Swap Documents and take all other actions, including execution of necessary documents required to complete the Transaction relating to certain of VTA's buses; provided that (a) VTA receives a financial benefit of at least $1.5 million; and, (b) VTA does not become obligated to pay costs in excess of $50,000 if the transaction cannot be closed for any reason.

Accepted Orders of the Day.

3. AWARDS AND COMMENDATIONS

A. Employees of the Month

Presented awards to Gilbert Clevenger, River Oaks Administration; and David Ramos, North Maintenance, as VTA's Employees of the Month for April 2000. Stanley Gutierrez, Chaboya Operations, was unable to attend to receive his award.

Member McHugh took his seat at 6:12 p.m.

B. Team Award for the Month of April 2000

Ex-Officio Member Beall took his seat at 6:14 p.m.

Presented awards to Paul "Gene" Green, Gary Luu, Andre Paradela, and Bridget Shearron, the Copy Center Team, for the Team Award recipient for April 2000.

4. PUBLIC PRESENTATIONS

Member Eakins took her seat at 6:17 p.m.

Stated that all speakers will receive a response in writing.

A. Robert Haenggi, Esquivel Grading & Paving, Inc., subcontractor for Homer J. Olsen, Inc., addressed the Board of Directors and expressed concern regarding withholding payment for work performed on the Tasman West Light Rail Project.

Rick DeHerrera, President of RMT Landscape Contractors, subcontractor for Homer J. Olsen, Inc., addressed the Board of Directors and expressed concern regarding withholding payment for work performed on the Tasman West Light Rail Project.

Robert Chavez, subcontractor for Homer J. Olsen, Inc., addressed the Board of Directors and expressed concern regarding withholding payment for work performed on the Tasman West Light Rail Project.

Ross Signorino, interested citizen, addressed the Board of Directors and expressed concern regarding the importance of educating the public regarding the use of public transportation.

Requested staff respond to the subcontractors in writing and clarified that General Counsel will respond in writing.

Requested information as to how often subcontractor payment issues occur; how VTA can create opportunities for small businesses to apply for contracts; and, how long it takes subcontractors to be paid.

Referred requests to the Administration and Finance Committee.

B. Hearing - Notice of Intention to Adopt Resolutions of Necessity - Tasman East Light Rail Project

Closed hearing and adopted Resolutions of Necessity in connection with the Tasman East Light Rail Project, pursuant to Article 2 (commencing with Section 1245.210) of Chapter 4 of Title 7 of Part 3 of the Code of Civil Procedure of the State of California; and further, directed the filing of eminent domain proceedings for the acquisition of certain real property as follows:

Property ID Number/Owner/Assessors Parcel Number

1) 5210, 5249/Ford Motor Land Development Corporation/ APN: 086-24-023, 086-24-022
Resolution No. 00.04.29
2) 5211, 5222, 5233/Union Pacific Railroad Company/ APN: 086-24-006, 092-07-007, 086-37-007
Resolution No. 00.04.30

CONSENT AGENDA

5. Approved the Minutes of the Regular Board of Directors' Meeting of March 2, 2000.

ADMINISTRATION AND FINANCE COMMITTEE

6. Authorized the General Manager to exercise the final option with KPMG, LLP to extend the contract for financial audit services for one year and amend the contract for additional costs related to increases in the amount of required financial audit services of $55,208, for a new contract total of $428,430.

7. Approved the asset allocation for investment of Retiree Health Care funds, and further, approved the revised Investment Policy for Unrestricted and Restricted Funds.

8. Authorized the General Manager to execute a contract amendment in the amount of $1,109,750 with BrightStar to provide support services associated with the VTA Integrated Information System, for a revised figure not to exceed the contract amount of $1,846,749.

9. Adopted Resolution No. 00.04.31 authorizing the General Manager to execute a grant agreement with the State of California Department of Transportation (Caltrans) for State-Local Partnership funds for Coyote Creek Bridge and the Baypointe Station Projects.

10. Authorized the General Manager to execute a contract with MK Centennial, Inc., for preliminary engineering and final design of the Highway 17 - Group 1 projects in an amount not to exceed $450,000.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITEE

11. Authorized the General Manager to amend the contract with Cambridge Systematics for preparation of the Valley Transportation Plan 2020 (VTP 2020), increasing the contract amount by $200,400 to a revised maximum value of $587,300.

12. Authorized the General Manager to amend the existing contract with Wilbur Smith Associates for preparation of the Bicycle Element of the VTP 2020 by increasing the maximum contract amount by $50,000 for a revised contract value of $149,000 and extending the contract duration for six months to June 2001.

TRANSIT PLANNING AND OPERATIONS COMMITTEE

13. Approved the Measure B baseline scope, baseline schedule and baseline cost estimates for the Tasman East and Vasona Light Rail Projects, in accordance with
Article V - Project Definition of the Master Agreement with the County of Santa Clara.

14. Authorized the General Manager to enter into a Cooperative Agreement with the City of Milpitas for the widening of Montague Expressway from Center Pointe Drive to Piper Drive in conjunction with the construction of the Tasman East Light Rail Project.

15. Authorized the General Manager to amend VTA's current agreement with Alliance Title Company to provide additional title company support services for various capital projects by increasing the contract amount by $248,000 for a new total not to exceed $1,023,000. No change is proposed to the five-year contract term.

16. Authorized the General Manager to execute Amendment No. 2 to the Agreement with GEZ Architects Engineers for design services for the Cerone Overhaul & Repair (O&R) Division Improvements Project, increasing the approved contract amount by a maximum of $346,720 for a new value not to exceed $1,325,000.

REGULAR AGENDA

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON'S REPORT - Woody

17. Adopted Resolution No. 00.04.32 authorizing VTA to enter into a Japanese sale and leaseback transaction (Transaction); approving Transaction Agreements and Operative Documents in connection with the Transaction, and authorizing the General Manager or Chief Financial Officer to execute Swap Documents and take all other actions, including execution of necessary documents required to complete the Transaction relating to certain of VTA's buses; provided that (a) VTA receives a financial benefit of at least $1.5 million; and, (b) VTA does not become obligated to pay costs in excess of $50,000 if the transaction cannot be closed for any reason.

18. Authorized the General Manager to amend the contract with Valley Highway Associates (VHA) for Program Controls and Construction Management services for the VTA Highway Program, extending the contract duration through June 30, 2004 and increasing the approved contract amount by $52,900,000 for a new value not to exceed $56,812,000.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE
CHAIRPERSON'S REPORT - Eakins

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 - Matthews

19. Adopted Resolution No. 00.04.33 amending VTA's fares and rates authorizing the continuation of Same-day Paratransit service, reducing the fare from $12 per one-way trip to $10 per one-way trip, effective May 1, 2000, with the fare to be reviewed during VTA's biennial fare review process; and further, approve the revised Guidelines for Same-day Service.

OTHER ITEMS

20.(Removed from the Agenda)
Approve the reprogramming of $2.6 million in Federal Surface Transportation Program (STP) funds from the City of San Jose's Trimble Road Bridge Project to VTA's Articulated Bus Purchase Program.

21. CONSIDER ITEMS OF CONCERN AND REFER TO THE ADMINISTRATION FOR REVIEW AND REPORT.

Stated Agenda Item #21 is a new item that has been added to the agenda which allows Board Members an opportunity to refer items of concern to the Administration for response.

22. REPORT ON 1996 MEASURES A and B

Heard a report regarding Measures A & B, highlighting: 1) upcoming 1996 Measures A & B Quarterly Report; 2) County of Santa Clara Board of Supervisors will be reviewing the Measure A and B Quarterly Report; and, 3) will be having a very comprehensive review of the Measure A and B Quarterly Report at the VTA Board of Directors and County of Santa Clara Supervisors Joint Workshop to be held on Friday, May 5, 2000.

23. LEGISLATIVE REPORT

Deferred to Agenda Item #28., Report from the General Manager.

24. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the agenda packet.

25. REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS

A. Peninsula Corridor Joint Powers Board

Heard a report relative to issues addressed at the Peninsula Corridor Joint Powers Board Meeting on Thursday, April 6, 2000, highlighting: 1) administered the oath of office to San Francisco Supervisor Tom Ammiano; 2) received a report on PacBell Park service problems and authorized the Executive Director to take actions necessary to improve service; 3) authorized the Executive Director to contract with an independent consultant to assist in the selection of a contractor for Caltrain operations; 4) received a report regarding a request by Salinas and Monterey County for extension of Caltrain service from Gilroy to Salinas; 5) received a report regarding the Transbay Terminal Improvement Plan; 6) approved submitting comments regarding the Draft High Speed Rail Business Plan; and, 6) approved submitting a letter of support for Senator Speier's SB 2003 regarding the "Baby Bullet Train".

B. Capitol Corridor Joint Powers Board

There was no report from the Capitol Corridor Joint Powers Board.

C. Altamont Commuter Express (ACE) Joint Powers Board

Heard a report relative to issues addressed at the ACE Joint Powers Board Meeting on Monday, March 27, 2000, highlighting: 1) receipt of a presentation by Senator Jackie Speier's office and the San Mateo County Transit District (SamTrans) on SB 2003, the Baby Bullet Train legislation; 2) approval of Strategic Policies and Guidelines for ACE Service Expansion; 3) approval of three information surveys (passenger, employer and TVM) to be used to determine the needs of current and future ACE passengers; and, 4) receipt of information reports on ridership and on-time performance, fare revenue by location, procurement of new equipment, Take Our Daughters to Work Day, and Bike to Work Week.

Stated that ACE carried 1,700 passengers to San Jose on Thursday, March 30, 2000, which was the highest ridership to date.

D. Metropolitan Transportation Commission (MTC)

Heard a report relative to issues addressed at the MTC Meeting on Wednesday, March 22, 2000, highlighting: 1) release of the FY 1999-2000 Transportation for Livable Communities draft capital program of projects for review and comment. After a review of 64 submitted projects, 19 projects were selected. Santa Clara County has 3 projects on the list: a. Vasona Light Rail Community Enhancement Project: Campbell Station - $250,000; b. Guadalupe River Park Trail Project (Julian St. to Coleman Ave.) - $500,000; c. Los Gatos Creek Bicycle/Pedestrian Trail (Lonus Ct. to Auzerais Ave.) - $750,000. There will be a public hearing preceding MTC's Programming and Allocations Committee meeting on April 12, 2000. It will also be an agenda item for the Programming and Allocations Committee that day; 2) appointment of Mr. Steve Belkin as an advisor to the Elderly & Disabled Advisory Committee; noted that Mr. Belkin is a member of VTA's Committee on Transit Accessibility and a member of San Jose's Senior Citizens Commission; 3) held a session on elderly transportation needs, approximately 140 persons were attendance, and developed an action plan on elderly transportation needs in the Bay Area; and, 4) submittal of the Bay Area Blueprint - Phased Implementation Plan to Governor Gray Davis. On March 22, 2000, MTC held a hearing and on March 29, 2000, MTC approved the tentative recommendations and submitted the recommendations to Governor Gray Davis.

26. REPORTS FROM VTA POLICY ADVISORY BOARDS

A. Tasman/Capitol Light Rail Policy Advisory Board

Heard a report relative to issues addressed at the Tasman/Capitol Light Rail Policy Advisory Board Meeting on Wednesday, March 22, 2000, highlighting: 1) receipt of a progress report on "close-out" activities for the Tasman West Light Rail Project. The Project has won the "Tranny Award" for Project of the Year; 2) agreement to the merger of the Tasman and Capitol Light Rail Policy Advisory Boards now that the Tasman West Project is complete and forwarded our recommendation to the full Board of Director's for approval; 3) receipt of a progress report on the Tasman East Project. Construction of the segment between Zanker Road in San Jose and I-880 in Milpitas is on schedule for revenue service in May 2001. Public bids for the aerial guideway contract in Milpitas are to be advertised in mid-April, with construction starting this summer; 4) receipt of a progress report on the Capitol Light Rail Project. Real estate appraisal activity has now started and offers will be made to property owners over the next months; 5) receipt of a report that the Capitol Environmental Impact Report was approved by the Board of Directors on March 2, 2000, and that discussions on riparian habitat mitigation with County Parks are proceeding; and, 6) a report on Community Outreach activities for Tasman and Capitol Projects was also given.

Approved merger of the Tasman Light Rail Policy Advisory Board and the Capitol Light Rail Policy Advisory Board.

B. Vasona Light Rail Policy Advisory Board

Heard a report relative to issues addressed at the Vasona Light Rail Policy Advisory Board Meeting on Monday, March 6, 2000, highlighting: 1) a report received on the project status. The project is on schedule with plans ready for bid by the end of this year. The Federal Transit Administration signed the Final Environmental Impact Statement in March. The Board will review the EIS at the May meeting; 2) a report received on the Governor's budget that includes $15 million for the Winchester Extension. (VTA has since requested additional funds that would complete the Winchester funding package); 3) a presentation received on the Vasona Community Involvement Plan. Three open houses have scheduled. The final one is on April 10, at the Campbell Community Center at 6:00 p.m.; and, 4) a status report received on the Downtown LRT Alignment Study.

C. Fremont/South Bay Commuter Rail Project Policy Advisory Board

Heard a report relative to issues addressed at the Fremont/South Bay Commuter Rail Project Policy Advisory Board Meeting on Wednesday, March 22, 2000, highlighting: 1) an update on the commuter rail project since the last PAB meeting that was held in December 1998. The presentation included background information on the project, a summary of the previous recommendations approved by the PAB in December 1998, and a description of recent events that have affected the project; 2) receipt of presentation with recommended changes to the project, along with on-going work efforts towards achieving project implementation; 3) the PAB approved the recommended changes, which will be brought to the VTA Board for action in May.

The next PAB meeting is targeted for late May 2000 or early June 2000. VTA staff will be presenting a refined project definition, including service levels, station locations and needed track improvements.

Member Matthews left the meeting at 7:04 p.m.

D. Caltrain Policy Advisory Board

There was no report from the Caltrain Policy Advisory Board.

E. Downtown/East Valley Policy Advisory Board

The Downtown/East Valley Policy Advisory Board met on Thursday, March 30, 2000. A status report on both the Downtown/East Valley MIS and the Downtown San Jose Light Rail Alignment Study will be presented at the PAB meeting on Thursday, April 27, 2000, at San Jose City Hall, Room 204.

An "Evaluation of Alternatives" working paper for the Downtown/East Valley MIS will be completed in mid-April and the results will be discussed at the PAB meeting.

An update regarding the public involvement program will also be presented. Please note that as part of the ongoing public outreach effort, VTA will conduct an exhibit display for the MIS at Eastridge Mall on Saturday, April 15, 2000, between 10 a.m. and 4 p.m. VTA staff will be on hand to provide information, answer questions and obtain informal input from the community on the Downtown/East Valley study.

The Downtown/East Valley PAB received an update on the Downtown Light Rail Alignment Study on March 30, 2000. The presentation included a description of the various light rail alignments that are being considered in the study.

In addition, a public meeting was held on March 29, 2000, to get an initial reaction from the community on the project alternatives. Between 35 and 40 people attended the meeting.

As a next step, VTA staff will be evaluating the light rail alignment alternatives to determine ridership, costs and potential impacts. This evaluation will be presented to the PAB in May 2000 and to the general public in June 2000.

Commended VTA staff for another job well done at the community meeting held on April 5, 2000, where the East Valley project was presented.

27. REPORT FROM THE CHAIRPERSON

Heard a report regarding: 1) continuation of Board of Directors VTP 2020 Workshop on Friday, June 23, 2000, from 8:30 a.m. to 12:00 p.m. at the San Jose Hyatt.

Thanked everyone who participated in the Board of Directors VTP 2020 Workshop held on Friday, March 31, 2000.

28. REPORT FROM THE GENERAL MANAGER

Heard a report from the General Manager regarding: 1) May 4, 2000 Board of Directors Budget Workshop; 2) legislative report regarding Governor Gray Davis' Transportation Proposal and referred to memorandum dated April 6, 2000, regarding Governor Gray Davis' Traffic Congestion Relief Plan; 4) a full document of the Proposal will be distributed to the Board of Directors.

29. ANNOUNCEMENTS

Announced the addition of a Closed Session Item to discuss the lawsuit filed against VTA by The Coalition to Stop the Capitol Light Rail Project.

30. CLOSED SESSION at 7:10 p.m.

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

Santa Clara County Transit District v. Anthony Damilano, et al. (Santa Clara County Superior Court Case No. CV 781251--Complaint in Eminent Domain)

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

Santa Clara County Transit District v. Heald Colleges, et al. (Santa Clara County Superior Court Case No. CV 784426--Complaint in Eminent Domain)

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

Santa Clara County Transit District v. Varni, et al. (Santa Clara County Superior Court Case No. CV 762712--Complaint in Eminent Domain)

RECONVENE TO OPEN SESSION at 7:23 p.m.

31. CLOSED SESSION REPORT

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

Santa Clara County Transit District v. Anthony Damilano, et al. (Santa Clara County Superior Court Case No. CV 781251--Complaint in Eminent Domain)

Approved settlement.

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

Santa Clara County Transit District v. Heald Colleges, et al. (Santa Clara County Superior Court Case No. CV 784426--Complaint in Eminent Domain)

Approved settlement.

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

Santa Clara County Transit District v. Varni, et al. (Santa Clara County Superior Court Case No. CV 762712--Complaint in Eminent Domain)

Approved settlement.

ADJOURNED at 7:25 p.m. to the Board of Directors Budget Workshop scheduled for Thursday, May 4, 2000, at 4:30 p.m., Room 106, San Jose City Hall, 801 North First Street, San Jose, California; to the Regular Meeting of the Board of Directors scheduled for Thursday, May 4, 2000, at 6:00 p.m., in the Board of Supervisors' Chambers, County Government Center, 70 West Hedding Street, San Jose, California.