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Board of Directors Meeting

May 04, 2000

 

Summary Minutes

ROLL CALL: Members Present: Alvarado, Beall, Chavez, Eakins, Kennedy, D., LeZotte, Lucas, Matthews, McLemore (Ex-Officio), Nadler, Noe, Powers, Valerio, Woody

Members Absent: None

2. ORDERS OF THE DAY

Update Agenda Item # 35., Authorize the General Manager to execute a contract with Robert A. Bothman, Inc., the lowest responsible bidder, for the construction of the Zanker to I-880 Stations Park-and-Ride lot, in the amount of $2,953,910.

Defer Agenda Item #27., Authorize the General Manager to execute a contract with Dennis J. Amoroso Construction Company, Inc., the lowest responsible bidder for the North Division Reconstruction Project, in the amount of $20,994,000. This contract is 80% federally funded.

Defer Agenda Item #36., Authorize the General Manager to award a contract to Wattis Construction, the lowest responsive and responsible bidder for the Gilroy Transit Center Project in the amount of $3,201,138.

Accepted Orders of the Day.

Member Kennedy, D. took his seat at 6:10 p.m.

Member Beall took his seat at 6:11 p.m.

3. AWARDS AND COMMENDATIONS

Employees of the Month

Presented awards to Stanley Gutierrez, Chaboya Operations, as VTA's Employee of the Month for April 2000; Rene Williams, North Maintenance; William Codrington, North Operations; and Patricia Shoemaker, River Oaks Administration; as VTA's Employees of the Month for May 2000.

4. PUBLIC PRESENTATIONS

Mathew Troughton, Esq., attorney for Wattis Construction, inquired about award of the Gilroy Transit Center Project.

Derek Lemos, interested citizen, addressed the Board of Directors regarding VTA's employment policies.

Ross Signorino, interested citizen, addressed the Board of Directors regarding traffic and urged study of bus system.

Margo Leathers Sidener, American Lung Association, urged the Board of Directors to consider decisions regarding the purchase of more diesel buses and expressed concern that Santa Clara Valley is not moving into alternatively fueled vehicles.

Advised that VTA Board of Directors will conduct a workshop in August 2000 regarding alternative fuels and members of the public are invited to attend.

CONSENT AGENDA

5. Approved the Minutes of the Special Board of Directors' Meeting of March 28, 2000.

6. Approved the Minutes of the Regular Board of Directors' Meeting of April 6, 2000.

ADMINISTRATION AND FINANCE COMMITTEE

7. Adopted a support position for SB 1427 (Rainey), which seeks to establish a tax credit for employers who purchase subsidized public transit passes for their employees in an amount equal to 40 percent of their costs.

8. Adopted a support position for SB 1428 (Karnette), which eliminates the January 1, 2002, sunset date and extends indefinitely the authority to operate Freeway Service Patrols on traffic-congested urban freeways throughout the state.

9. Adopted a support position for AB 1612 (Torlakson). Through a combination of revenues from the state General Fund and the sales tax on motor vehicle fuels, this bill provides additional funding for the Public Transportation Account, and for local streets and roads.

10. Adopted a support position for AB 2052 (Aroner), relating to funding for access-to-jobs transportation demonstration projects and services.

11. Adopted an oppose position for AB 1706 (Strickland), which exempts motor vehicle fuel from the sales tax in California.

12. Adopted an oppose position for AJR (McClintock), which memorializes the President and Congress to repeal the 4.3-cent federal gas tax that was imposed in 1993.

13. Authorized the General Manager to execute an Amendment to an Agreement with Accountemps and Robert Half International Consulting, divisions of Robert Half International, Inc., in the amount of $850,000, increasing the total contract amount to $1,300,000, for accounting and information systems technology professionals respectively.

14. Authorized the General Manager to execute an agreement with Putnam Investments (Putnam), a professional investment management firm for the management of 10 percent ($18 million) of VTA/ATU Pension Trust assets.

15. Authorized the General Manager to purchase insurance coverage from ICW Group, Zurich American Insurance Group, the National Flood Insurance Program, Calibre One Indemnity Company, Royal and Sun Alliance, Kemper Surplus Lines, Great American, AIG National Union Fire Insurance Company, and Employers Reinsurance Insurance Company in an amount not to exceed $694,613 for Fiscal Year 2000/01 insurance coverages.

16. Authorized the General Manager to execute an amendment to the current contract for Workers Compensation Third Party Administrator Claims Services with Firm Solutions for two additional years, for a total contract cost not to exceed $5,756,538. The basic claims services will not exceed $4,736,538 and the medical bill review services will not exceed $1,020,000.

17. Authorized the General Manager to extend the current contract with Motorola Communications and Electronics Corporation for two years, from May 2000 - April 2002 for maintenance and repair of the existing radio system, in an amount of $390,000 for the first year of the extension and $408,000 for the second year, for a total of $798,000.

18. Authorized the General Manager to execute contracts and future extensions thereof with law firms that specialize in eminent domain (condemnation) law and litigation. Each contract will be for an initial three-year period, with up to two additional one-year terms, in a total amount not to exceed amounts budgeted for such legal services in any given year.

19. Approved an amendment to the expert witness services agreement with Cambridge Systematics, Inc., to add $45,000 to the total contract value, for a revised not to exceed value of $250,000.

20. Authorized the General Manager to execute a Master Cooperative Agreement with the California Department of Transportation (Caltrans) covering environmental review and design of the 1996 Measure B Highway Program projects.

21. Authorized the General Manager to execute a preferred vendor contract with Valley Highway Associates (VHA) for Project Management and Monitoring (PMM) services for the VTA Congestion Management and Highway Programs Division for an amount not to exceed $1,500,000 and contract term through June 30, 2004.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

22. Approved the Final FY 2000-01 Congestion Management Program (CMP) Work Program, Budget and Member Agency Assessment Schedule.

23. Authorized the General Manager to execute an agreement with the City of San Jose for the development of the Silicon Valley-ITS (SV-ITS) Program Strategic Plan, and to spend up to $90,000 of CMP funds to match the City of San Jose's allocation of $160,000.

24. Authorized the General Manager to execute contracts for consultant services in support of Best Practices for Integrating Transportation and Land Use, as needed, with selected firms. Each contract shall be for an initial period not to exceed two years, with options for two successive one-year extensions, for a total amount not to exceed $400,000 for all agreements.

TRANSIT PLANNING AND OPERATIONS COMMITTEE

25. Authorized the General Manager to execute a contract amendment with Carter & Burgess, Inc., for final design and design support services during construction on the Capitol Light Rail Project in an amount not to exceed $4,200,000, for a new contract amount of $13,500,000.

26. Authorized the General Manager to execute an Agreement for Relocation of Pacific Bell Facilities required by the Capitol and Vasona Light Rail Projects.

27. Deferred authorization of the General Manager to execute a contract with Dennis J. Amoroso Construction Company, Inc., the lowest responsible bidder for the North Division Reconstruction Project, in the amount of $20,994,000. This contract is 80% federally funded.

28. Approved the revised recommendations for the Fremont-South Bay Commuter Rail Project.

29. Authorized the General Manager to execute a contract with George Bianchi Construction, the lowest responsible bidder for the Light Rail Transit (LRT) Shelter and Windscreen Retrofit Project, in the amount of $987,160.

30. Authorized the General Manager to execute a one-year contract extension with Laidlaw Transit Services, Inc. (Laidlaw) to provide light rail shuttle bus services in an amount not to exceed $1,230,000 with an option for an additional one-year extension.

REGULAR AGENDA

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON'S REPORT - Powers

31. Generally supported Governor Gray Davis' Traffic Congestion Relief Plan and seek opportunities to accommodate other high priority Santa Clara Valley Transportation Capital Improvement Projects that were not included in the Plan.

32. Adopted an oppose position for SB 1995 (Perata), which places a number of transportation planning requirements on the Metropolitan Transportation Commission (MTC).

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

33. Approved programming $2,278,221 in Transportation Fund for Clean Air Program Manager Funds (TFCA 40%) to projects for 2000/01.

TRANSIT PLANNING AND OPERATIONS COMMITTEE
CHAIRPERSON'S REPORT - Matthews

34. Adopted Resolution No. 00.05.34 to certify the Vasona Corridor Light Rail Project Final Environmental Impact Report (FEIR); adopted Resolution No. 00.05.35 to make Findings of Fact; adopted Resolution No. 00.05.36 to adopt the Mitigation Monitoring Plan; and adopted Resolution No. 00.05.37 to approve the Project.

Staff noted the receipt of a petition from the Golden State MobilHome Owners League, Inc., requesting a new traffic signal at the intersection of Bascom Avenue and Borello Drive. The request will be made known to the San Jose Redevelopment Agency.

Member Nadler took her seat at 6:44 p.m. and Member Eakins relinquished her seat as representative for Group 2.

Thanked staff for the fine work done on the project. Emphasized the importance of mitigating the Los Gatos Creek Trail.

Expressed concern regarding construction noise and requested the language change of "where ever practical" be changed to "where ever feasible or where necessary" and requested the community be noticed beyond 300 feet for night work and advise community of how many nights.

Donna Sanchez, interested citizen, addressed the Board of Directors regarding the traffic signal on Bascom Avenue and accessibility during construction.

Rose Deterding, interested citizen, thanked VTA for Outreach and addressed the Board of Directors regarding accessibility issues.

Bruce Stevens, Buena Vista Neighborhood, requested the Board of Directors consider activation of the station on San Carlos. Bruce Stevens, Amalgamated Transit Union, Local 265, expressed concern regarding the track design and project design.

Ex-Officio Member McLemore left the meeting at 6: 54 p.m.

Accepted a Friendly Amendment to the motion to include the language change of "where ever practical" to "where ever feasible or where necessary" and noticing the community beyond 500 feet for night work and advising the community of how many nights.

35. Authorized the General Manager to execute a contract with Robert A. Bothman, Inc., the lowest responsible bidder, for construction of the Zanker to I-880 Stations and Park-and-Ride Lot, in the amount of $2,953,910. This contract is 20% federally funded.

36. Deferred authorization of the General Manager to award a contract to Wattis Construction, the lowest responsive and responsible bidder for the Gilroy Transit Center Project in the amount of $3,201,138.

37. Authorized the General Manager to execute a contract with Progress Rail Services, the lowest responsible bidder for Procurement of Special Trackwork for the Guadalupe Light Rail Vehicle (LRV) Facility Expansion Project, in amount of $456,338. This contract is 56% federally funded.

OTHER ITEMS

38. Approved the establishment of a separate reserve account in the amount of $3.8 million for an alternative wetland mitigation site for the I-880/Dixon Landing Road Interchange project for up to 12 months.

39. ITEMS OF CONCERN AND REFERRAL TO THE ADMINISTRATION FOR REVIEW AND REPORT

Referred the following items related to the Valley Transportation Plan (VTP 2020) for review and report back by VTA staff at the June 23, 2000 workshop: 1) development of a proposal that would treat the VTP 2020 Plan similarly to a city's General Plan whereby the VTA Board would adopt a Plan with an opportunity to review and amend every two years; 2) development of a process by which cities, the County and other stakeholders can bring forward projects for the VTA Board's consideration; and, 3) development of guidelines that would prescribe the manner by which staff may initiate studies and public meetings on potential projects.

40. REPORT ON 1996 MEASURES A and B

Deferred the report regarding Measures A & B to VTA Board of Directors and Santa Clara County Board of Supervisors Joint Workshop regarding the 1996 Measure B scheduled for Friday, May 5, 2000.

41. LEGISLATIVE REPORT

Heard a report from staff relative to state and federal issues of interest, highlighting the California Transit Association hosting of a Transit Rally in Sacramento, CA, on Monday, May 22, 2000.

42. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the agenda packet.

43. 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, May 4, 2000, highlighting: 1) public comment in opposition to the Lenzen Maintenance Facility site from five residents of the neighborhood; 2) report regarding Caltrain projects included in the Governor's recommendations for transportation funding; 3) public comment and discussion of the proposed San Bruno Caltrain station relocation; 4) Quarterly Capital Program-Rapid Rail Status Report deferred to the June 1, 2000 JPB meeting; and, 5) Legal Counsel Report deferred to the June 1, 2000 JPB meeting.

Member Chavez left the meeting at 7:10 p.m.

B. Capitol Corridor Joint Powers Board

Heard a report relative to issues addressed at the Capitol Corridor Joint Powers Board Meeting on Wednesday, April 19, 2000, highlighting: 1) report on the Capitol Corridor Tiered Capital Improvement Program; 2) staff report on State and Federal Legislative bills of interest to the Capitol Corridor; 3) staff presentation on the Governor's Traffic Congestion Relief Plan; 4) report on the status of the Capitol Corridor Service; and, 5) updated reports on the following projects: Station Kiosk Program/Real-Time Information Message Boards; Oakland to San Jose Track Improvement Project-Phase I; and the FY 2001/2002 Business Plan Update.

C. Altamont Commuter Express (ACE) Joint Powers Board

Heard a report relative to issues addressed at the ACE Joint Powers Board Meeting on Monday, April 17, 2000, highlighting: 1) Extension of the Agreement with Herzog Transit Services, Inc., for the Operations and maintenance of Equipment of the ACE Rail Service through June 30, 2003; 2) staff presentation regarding FY 2000/2001 ACE Work Program and Budget; 3) discussion and direction for the development of an ACE "Special Train" Policy; and, 4) report on ridership, on-time performance and fare revenue by location.

D. Metropolitan Transportation Commission (MTC)

Heard a report relative to issues addressed at the MTC Meeting on Wednesday, April 26, 2000, highlighting: 1) approval of the Transportation for Livable Communities Grants; 2) Revenue Alignment Budget Authority; and, 3) MTC Commissioners' meetings in Sacramento regarding the budget and transportation plans.

44. REPORTS FROM VTA POLICY ADVISORY BOARDS

A. Tasman/Capitol Light Rail Policy Advisory Board

There was no report from the Tasman/Capitol 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, May 1, 2000, highlighting: 1) report on the Project Status; 2) negotiations with Union Pacific Railroad on right-of-way acquisition and review of the Project design; 3) report on the environmental document circulation and comments received; 4) Transit for Livable Communities Grant for $250,000 has been awarded to Vasona for pedestrian improvements in the Campbell Station area; and, 5) status report on the Downtown LRT Alignment Study.

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

There was no report from the Fremont/South Bay Commuter Rail Project Policy Advisory Board.

D. Caltrain Policy Advisory Board

There was no report from the Caltrain Policy Advisory Board.

The Agenda was taken out of order.

45. REPORT FROM THE CHAIRPERSON

Canceled the July 6, 2000 VTA Board of Directors' Meeting.

44. E. Downtown/East Valley Policy Advisory Board

Heard a report relative to issues addressed at the Downtown/East Valley Policy Advisory Board Meeting on Thursday, April 27, 2000, highlighting: 1) presentation and discussion of a summary of the evaluation of alternatives for the Downtown/East Valley MIS; 2) four public meetings scheduled for May 8 at the Roosevelt Community Center, May 11 at the Eastside Neighborhood Center, May 17 at Chaboya Middle School and May 18 at the George Shirakawa, Sr. Community Center; 3) the next PAB meeting is scheduled for 3:00 p.m. on Wednesday, May 24, 2000, at San Jose City Hall, Room 106; and, 4) at the April 27 Downtown/East Valley PAB meeting there will be an update on the Downtown Light Rail Alignment Study.

46. REPORT FROM THE GENERAL MANAGER

Heard a report from the General Manager regarding: 1) VTP 2020 Workshop scheduled for June 23, 2000; 2) continued growth of the Tasman West ridership; 3) Cinco De Mayo Celebration at Chaboya.

47. ANNOUNCEMENTS

Announced Bike to Work Day, Tuesday, May 16, 2000 and invited Board Members to participate.

Announced the addition of a Closed Session Item F:

Conference with Real Property Negotiators
[Government Code Section 54956.8]

Property: Approximately 3.35 acres on the easterly half of a parcel located at the southeast corner of Tasman Drive and Alder Drive in Milpitas.

Negotiator for Seller, VTA: Peter M. Cipolla, General Manager

Negotiator for Prospective Purchaser: June Catalano, Assistant City Manager, Acting City Manager.

Under Negotiation: Price and terms of payment.

48. CLOSED SESSION at 7:22 p.m.

Member Matthews left the meeting at 7:23 p.m.

A. Conference with Real Property Negotiators
[Government Code Section 54956.8]

Property: Approximately 4.43 acres located at 2050 West Capitol Avenue, Milpitas, California, near the Great Mall Parkway in Milpitas, California.

VTA Negotiators: James E. Pierson, Planning and Development Director and Ronald Pang, Acting Senior Real Estate Agent.

Negotiating Parties for the Owner, GMBA Outparcell LLC (Great Mall of the Bay Area Association: Theodore R. Stotzer, Executive Vice-President, Swerdlow Real Estate Group, Incorporated.

Under Negotiation: Price and terms of payment for purchase by VTA.

B. Conference with Real Property Negotiator
[Government Code Section 54956.8]

Property: Approximately 5.78 acres of vacant land located at the Tamien Station between Route 87, Lick Avenue, West Alma Avenue and Goodyear Street, San Jose, California.

VTA Negotiator: James E. Pierson.

Negotiating Party for Prospective Purchasor, Castle Group: Jim Pollart, Vice-President, Development.

Under Negotiation: Price and terms of excess property sale.

C. Conference with Real Property Negotiator
[Government Code 54956.8]

Property: (a) Railroad of Right-of-Way located within the Vasona Rail Corridor from Diridon Station in San Jose to Winchester Boulevard in Campbell; (b) trackage rights on existing Caltrain system in south Santa Clara County between Tamien Station and Gilroy; (c) trackage rights in the South Bay Corridor between Union City and Diridon Station in San Jose.

Negotiator for VTA: Scott Buhrer, Chief Financial Officer; David Miller, Special Counsel.

Negotiator for Peninsula Corridor Joint Powers Board: David Miller, General Counsel

Negotiator for Seller, Union Pacific Railroad: Robert Starzell, President Corporate Relations

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

Homer J. Olsen v. Santa Clara County Transit District (Santa Clara County Superior Court Case Nos. CV785402, CV785531, CV785764, CV786144, CV786451, CV786816)

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

Name of Case: Santa Clara County Transit District v. William H. Cilker, et al. (Santa Clara County Superior Court Case No. CV773126--Complaint in Eminent Domain)

RECONVENED TO OPEN SESSION at 8:18 p.m.

49. CLOSED SESSION REPORT

A. Conference with Real Property Negotiators
[Government Code Section 54956.8]


Property: Approximately 4.43 acres located at 2050 West Capitol Avenue, Milpitas, California, near the Great Mall Parkway in Milpitas, California.

VTA Negotiators: James E. Pierson, Planning and Development Director and Ronald Pang, Acting Senior Real Estate Agent.

Negotiating Parties for the Owner, GMBA Outparcell LLC (Great Mall of the Bay Area Association: Theodore R. Stotzer, Executive Vice-President, Swerdlow Real Estate Group, Incorporated.

Under Negotiation: Price and terms of payment for purchase by VTA.

Authorized the General Manager to execute an Agreement for purchase approximately 4.3 acres of land necessary for the Tasman East Light Rail Project, from GMBA Outparcell LLC. The purchase will be in accordance with the following provisions and subject to the following conditions including fee and severance damages: VTA will file an eminent domain act and adopt a Resolution of Necessity on June 1, 2000; the Buyer will provide clear title to the property. VTA will ensure traffic mitigation measures and the Buyer agrees to limit any claims for loss of good will, construction and legal damages to the period of construction only. This Agreement is subject to approval as to form by VTA's General Counsel.

B. Conference with Real Property Negotiator
[Government Code Section 54956.8]

Property: Approximately 5.78 acres of vacant land located at the Tamien Station between Route 87, Lick Avenue, West Alma Avenue and Goodyear Street, San Jose, California.

VTA Negotiator: James E. Pierson.

Negotiating Party for Prospective Purchasor, Castle Group: Jim Pollart, Vice-President, Development.

Under Negotiation: Price and terms of excess property sale.

There was no reportable action taken during Closed Session.

C. Conference with Real Property Negotiator
[Government Code 54956.8]

Property: (a) Railroad of Right-of-Way located within the Vasona Rail Corridor from Diridon Station in San Jose to Winchester Boulevard in Campbell; (b) trackage rights on existing Caltrain system in south Santa


Clara County between Tamien Station and Gilroy; (c) trackage rights in the South Bay Corridor between Union City and Diridon Station in San Jose.

Negotiator for VTA: Scott Buhrer, Chief Financial Officer; David Miller, Special Counsel.

Negotiator for Peninsula Corridor Joint Powers Board: David Miller, General Counsel

Negotiator for Seller, Union Pacific Railroad: Robert Starzell, President Corporate Relations

There was no reportable action taken during Closed Session.

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

Homer J. Olsen v. Santa Clara County Transit District (Santa Clara County Superior Court Case Nos. CV785402, CV785531, CV785764, CV786144, CV786451, CV786816)

There was no reportable action taken during Closed Session.

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

Name of Case: Santa Clara County Transit District v. William H. Cilker, et al. (Santa Clara County Superior Court Case No. CV773126--Complaint in Eminent Domain)

There was no reportable action taken during Closed Session.

F. Conference with Real Property Negotiators
[Government Code Section 54956.8]

Property: Approximately 3.35 acres on the easterly half of a parcel located at the southeast corner of Tasman Drive and Alder Drive in Milpitas.

Negotiator for Seller, VTA: Peter M. Cipolla, General Manager

Negotiator for Prospective Purchaser: June Catalano, Assistant City Manager, Acting City Manager.

Under Negotiation: Price and terms of payment.

There was no reportable action taken during Closed Session.

ADJOURNED at 8:20 p.m. to VTA Board of Directors/County of Santa Clara Board of Supervisors Joint Workshop scheduled for Friday, May 5, 2000, at 9:00 a.m., in the Gold Room, The Fairmont Hotel, 170 South Market Street, San Jose, California, and subsequently, to the Regular Meeting of the Board of Directors scheduled for Thursday, June 1, 2000, at 6:00 p.m. in the Board of Supervisors' Chambers, County Government Center, 70 West Hedding Street, San Jose, California.