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Board of Directors Meeting

June 01, 2000

 

Summary Minutes

1. CALLED TO ORDER at 6:06 p.m.

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

Members Absent: McHugh

Member Kennedy, D. took his seat at 6:07 p.m.

2. ORDERS OF THE DAY

Add Agenda Item # 4.A.X., Presentation by Silicon Valley Manufacturing Group.

Add Agenda Item # 49.X., Existing Litigation - Conference with Legal Counsel
[Government Code Section 54956.9(a)]

Amalgamated Transit Union (ATU) Local 265 and Loproto v Santa Clara Valley Transportation Authority
Superior Court Case No.: CV 786193

Defer Agenda Item # 7., Approve amendments to the Administrative Code Provisions governing Purchasing and Contracting (Chapter 9), to add a new Article III, pertaining to the Responsibility of Bidders and Contractors.

Adjourn in Memory of Linda Garcia, VTA employee, A.E. Vinickas, father of Anne-Catherine Vinickas and Louis Kendricks, brother of Bill Kendricks.

Expressed concern regarding Agenda Item #7 being deferred to the August 2000 meeting and was advised that this item could be deferred to the June 23, 2000 Board of Directors Special Meeting.

Member Noe took her seat at 6:10 p.m.

3. AWARDS AND COMMENDATIONS

A. Employees of the Month

Presented awards to Belinda Foster, Cerone Operations; Carmen Cruz, River Oaks Administration; and Ronald Williams, Cerone Maintenance as Employees of the Month for June 2000, and recognized Charles "Bud" Meyers in the supervisory category.

B. Team Award for the Second Quarter 2000

Presented awards to Edward Connery, Everett Jackman, II, Ralph Marotta, Samuel Meza, and Stanley Webster, the North Maintenance Leadership Team for the Team Award for the Second Quarter 2000.

4. PUBLIC PRESENTATIONS
A. Michael Wilhelm, VTA Employee, expressed concern regarding the high cost of living in Silicon Valley and recommended VTA provide a recreational vehicle (RV) lot for out-of-area operators.

Referred Mr. Wilhelm's recommendation to staff for review.

A.X. Presentation by Silicon Valley Manufacturing Group

Carl Guardino, President and CEO of Silicon Valley Manufacturing Group advised the Board Members of a survey wherein taxpayers and commuters want to continue to address traffic needs at a local level.

Thanked Mr. Guardino for providing Board Members with the report.

Mr. Guardino thanked Mayor Gonzales for his leadership in moving BART to San Jose.

Ex-Officio McLemore took his seat at 6:21 p.m.

B. Hearing - Notice of Intention to Adopt a Resolution of Necessity - Vasona Light Rail Project

Closed hearing and adopted a Resolution of Necessity determining that the public interest and necessity require the acquisition of 397-399 West San Carlos Street, San Jose, California, for the Vasona Light Rail Project, civil construction contract C325, Woz Way to Los Gatos Creek.

Property ID Number/Owner/Assessors Parcel Number
V001/Raman Patel/APN No. 259-46-114 & 259-46-116 Resolution No. 00.06.38

C. Hearing - Notice of Intention to Adopt a Resolution of Necessity - Tasman East Light Rail Project

Closed hearing and adopted a Resolution of Necessity determining that the public interest and necessity require the acquisition of property for the Tasman East Light Rail Project, civil construction contract, C520, I-880 to Autumnvale Drive, and directing the filing of eminent domain proceedings for acquisition of such property.

Property ID Number/Owner/Assessors Parcel Number
5253, 5255 & 5256/GMBA Outparcel LLC/APN No. 086-24-022, 023 & 033, 086-24-033 & 086-24-033 Resolution No. 00.06.39

CONSENT AGENDA

5. Approved the Minutes of the Regular Board of Directors' Meeting of May 4, 2000.

ADMINISTRATION AND FINANCE COMMITTEE

6. Adopted a leave of absence for Randy Tamez, Chairperson of the Committee for Transit Accessibility, representing Group 1 (San Jose) through July 31, 2000.

7. Deferred approving amendments to Administrative Code provisions governing Purchasing and Contracting (Chapter 9), to add a new Article III, pertaining to the Responsibility of Bidders and Contractors.

8. Authorized the General Manager to execute an amendment to the Appraisal Services Agreement with the firm of Hulberg & Associates, Inc., to add $75,000, for a new not-to-exceed contract value of $175,000.

9. Adopted Resolution No. 00.06.40 changing the current Convention Pass minimum purchase requirement from two (2) days to one (1) day for groups of 100 or more individuals and decrease the discounted rate from 33% to 25% off the regular adult fare.

10. Adopted Resolution No. 00.06.41 authorizing the filing of an annual claim to the Metropolitan Transportation Commission (MTC) for allocation of FY 2000-2001 Transportation Development Act (TDA) and State Transit Assistance (STA) funds.

11. Adopted Resolution No. 00.06.42 authorizing filing of applications for Transportation Fund for Clean Air "60%" Regional funds to the Bay Area Air Quality Management District (BAAQMD), and authorize the General Manager to execute the Funding Agreements upon receipt from BAAQMD.

12. Authorized the General Manager to execute two five-year leases with options to renew for three additional five-year periods with American Towers Corporation and Santa Clara County Communications for repeater sites located in Palo Alto and South San Jose areas, respectively, in connection with VTA's Advanced Communications System (ACS) Project.

13. Adopted a support position on the following pieces of legislation: AB 1951 (Longville) - STA Eligibility for ACE and Metrolink; AB 2054 (Torlakson) - Jobs/Housing Balance; AB 2398 (Papan) - Transit-Oriented Development; AB 2848 (Firebaugh) - Environmental Permit Streamlining; AB 2930 (Committee on Transportation) - Congestion Management Programs; SB 1506 (Chesbro) - Caltrans District 4 Evaluation; SB 2003 (Speier) - Caltrain Express Service Funding; and, SB 2178 (McPherson) - Highway 17 Bus Service.

14. Adopted an oppose position on the following pieces of legislation: AB 43 (Villaraigosa) - Sales Tax on Gasoline and AB 2126 (McClintock) - HOV Lanes.

15. Authorized the General Manager to amend the KPMG, LLP contract for financial audit services in the amount of $97,000 for a new contract total of $525,430.
16. Authorized the General Manager to execute contracts and future extensions thereof with BrightStar Technology Group, Inc. of Foster City and Modis Idea Integration of San Jose to provide SAP system support. Each contract will be for a three-year base term, with up to two additional one-year extensions. The contracts will be for a total, not to exceed the amount of $1,000,000 the first year and $300,000 per year thereafter for such support services.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

17. Approved the assessment of Member Agencies for their FY 1999-2000 third and fourth quarter fees.

18. Approved and recommended the Santa Clara County Board of Supervisors modify the annual update of the Measure B Transportation Improvement Program Revenue and Expenditure Plan to replace the existing Brokaw Road/Coyote Creek Bridge with a new bridge that can accommodate a future eight -lane
freeway facility at an additional cost of approximately $14.0 million to be provided by Caltrans and approve the proposed modifications to improve traffic operations to the southbound freeway off-ramp at O'Toole Avenue and Brokaw Road.

19. Approved and recommended the Santa Clara County Board of Supervisors modify the annual update of the Measure B Transportation Improvement Program Revenue and Expenditure Plan to transfer $9 million from the Route 101 Widening project budget to the Route 85/101 (S) Interchange project budget for the widening of Route 101 north of Metcalf Road; approve the cost increase of $17 million to widen Route 101 to accommodate HOV direct connectors and approve the recommendation to incorporate the HOV direct connectors as a cost effective phase of the ultimate interchange in lieu of the branch connectors with no cost increase to the Measure B Program.

20. Approved and recommended the Santa Clara County Board of Supervisors modify the annual update of the Measure B Transportation Improvement Program Revenue and Expenditure Plan to transfer $4 million from the Route 87 HOV Lanes project budget to the Route 85/87 Interchange project budget for adding the HOV lanes between Route 85 and Branham Lane and approve the cost increase of $5 million for additional pavement, seismic retrofit, and percolation pond mitigation.

21. Approved and recommended the Santa Clara County Board of Supervisors modify the annual update of the Measure B Transportation Improvement Program Revenue and Expenditure Plan for the cost increase of $3 million to construct the braided ramp bridge on the southbound Route 880 exit to Tasman Drive.

22. Approved and recommended the Santa Clara County Board of Supervisors modify the annual update of the Measure B Transportation Improvement Program Revenue and Expenditure Plan to proceed with an implementation feasibility evaluation of the Caltrans 85 Noise Mitigation study alternatives and other noise reduction alternatives at a cost not to exceed $100,000.

TRANSIT PLANNING AND OPERATIONS COMMITTEE

23. Authorized the General Manager to execute a contract amendment with the Peninsula Corridor Joint Powers Board for support services during the final design and right-of-way acquisition phase of the Vasona Light Rail Project, in an amount not to exceed $750,000, for a new contract amount of $850,000.

24. Authorized the General Manager to exercise a contract option with McCain Traffic Supply, Inc., to supply seven traffic signal controllers for the Tasman East Light Rail Project - Zanker to I-880 segment in an amount not to exceed $107,373, for a new contract amount of $850,882. This contract is 20% federally funded.

25. Authorized the General Manager to execute a contract with Homer J. Olsen, Inc., the lowest responsible bidder, for the Guadalupe Traction Power Sectionalization Project in the amount of $1,628,085. This contract is 80% federally funded.

26. Authorized the General Manager to execute a contract with ABC/NACO, Inc., the lowest responsible bidder for the Special Trackwork procurement contract for the Woz Way/San Carlos Street intersection, in the amount of $988,223.

27. Authorized the General Manager to execute an agreement in an amount of $120,000 for relocation of Air Products Manufacturing Corporation Facilities required by the Tasman East Light Rail Project. Also, authorized the General Manager to amend the agreement up to an additional $50,000 for potential relocations required on the Capitol and Vasona Light Rail Projects.

28. Authorized the General Manager to execute task order contracts for the preparation of environmental compliance documents and other environmental support services for highway, transit and related facility projects with the following six firms as funds become available for each project. Each contract shall be for a three-year period with an option for one additional year with a total value not to exceed $1,800,000 for all six agreements: 1) Jones & Stokes Associates, Inc., San Jose, California; 2) LSA Associates, Inc., Irvine, California; 3) David J. Powers & Associates, Inc., San Jose, California; 4) Robert Bein, William Frost & Associates, Inc., San Jose, California; 5) EIP Associates, Inc., San Francisco, California; and, 6) P&D Consultants, Inc., Orange, California.

29. Authorized the General Manager to execute contracts for General Architecture and Engineering Consultant Services for facilities modification and expansion projects, as needed, with the following firms: H&N/CCS Joint Venture (San Jose); Parsons Brinckerhoff (San Jose); Rajappan & Meyer Consulting Engineers, Inc. (San Jose); Stevens & Associates/URS Greiner (San Francisco); STV, Inc. (San Carlos); and VBN Architects (Oakland). Each contract shall be for a period of up to three years, for a total amount not to exceed $6,000,000 for all six agreements.

30. Authorized the General Manager to execute contracts for General Civil Engineering Consultant Services for facilities projects, as needed, with the following firms: Creegan & D'Angelo (San Jose); Design Engineers (San Jose); DKS Associates (Oakland); Korve Engineering (San Jose); Nolte Associates, Inc. (San Jose); and Rajappan & Meyer Consulting Engineers, Inc. (San Jose). Each contract shall be for a period of up to three years, for a total amount not to exceed $6,000,000 for all six agreements.

31. Authorized the General Manager to execute an amendment to VTA's current agreement with Associated Right of Way Services, Inc. (AR/WS), increasing the amount by $450,000, for a new total not to exceed $500,000 and extending the term of the agreement to May 31, 2001.

32. Authorized the General Manager to execute a five-year lease agreement with an option to renew for three additional five-year periods with Nextel of California, Inc., a Delaware Corporation, d.b.a. Nextel Communications, for a cellular antenna site.

REGULAR AGENDA

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON'S REPORT - Woody

33. Adopted Resolution No. 00.06.43 approving the FY 2000-2001 Recommended Budget.

Noted revisions to the FY 200-2001 Recommended Budget: 1) Operating Budget: a) Altamont Commuter Express (ACE) Rail Service; b) Caltrain Rail Service; c) Dumbarton & Highway 17 Express Services; and d) diesel fuel; 2) Capital Budget: a) Guadalupe LRV Facility Expansion and b) Downtown/East Valley Study.

Requested the East Valley remain a top priority.

Ex-Officio McLemore left the meeting at 6:50 p.m.

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

34. Adopted the Tier 1 Project List for the Bicycle Expenditure Program.

35. Approved and recommended the Santa Clara County Board of Supervisors modify the annual update of the Measure B Transportation Improvement Program Revenue and Expenditure Plan to transfer $9.0 million from Route 101 Widening project budget to the Route 85/101 (S) Interchange project budget for widening Route 101 north of Metcalf Road and approve that the project design will include two alternatives: (A) six-lane mixed-flow; and (B) six-lane mixed-flow plus two HOV lanes. The final project design will be selected upon completion of the environmental review process.

Advised that commencing June 5, 2000 trains to the City of Gilroy will be five-car trains.

Reported that based on traffic analysis, it confirms staffs' original recommendation of May 5, 2000 Workshop to proceed with both design characteristics six lanes an HOV lanes.

Encouraged the Board of Directors to support this item and requested staff to complete this project as expeditiously as possible.

TRANSIT PLANNING AND OPERATIONS COMMITTEE
CHAIRPERSON'S REPORT - Matthews

36. Approved and recommended the Santa Clara County Board of Supervisors modify the annual update of the Measure B Transportation Improvement Program Revenue and Expenditure Plan to increase the Capitol Light Rail Project budget from $111 million to $136.3 million to offset rising escalation, design, real estate and construction cost trends.

37. Authorized the General Manager to execute a Cooperative Agreement with the City of Sunnyvale (City) and the Peninsula Corridor Joint Powers Board (PCJPB) to share costs for the design and construction of the Sunnyvale Multimodal Transit Station project.

38. Deferred authorizing 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.

Expressed concern regarding a contract with Amoroso Construction.

Member Powers left the meeting at 7:28 p.m.

Recommended Item # 38 be deferred to enable staff to review information recently provided by the City of San Jose.

Roger Hughes, Esq., Attorney for Amoroso Construction, advised that other than current dispute, here is none other against Amoroso Construction.

OTHER ITEMS
39. Approved and recommended that the Santa Clara County Board of Supervisors modify the annual update of the Measure B Transportation Improvement Program Revenue and Expenditure Plan to increase the Community-Oriented Design Enhancements (CODE) Budget on light rail projects from 1% to 2% of construction costs, and on highway projects from 0.6% to 1.5%, at a minimum, but also striving for 2%, of highway project construction costs and funding for Caltrain Stations in the Cities of Morgan Hill, San Martin, and Gilroy. This recommendation would increase the CODE budget from $5.3 million to $12.1 million (based on 2% for rail and 1.5% for highway projects).

Requested clarification of Tier 1 Projects and expressed concern in supporting Item 39 because South County is being neglected in the process.

Advised that there are representatives from the South County on the CODE Committee and that this matter could be added to the Committee's agenda to make sure that their participation results in projects within their jurisdictions.

Requested the Recommendation be amended to include funding for Caltrain stations in the Cites of Morgan Hill, San Martin, and Gilroy.

Member Nadler left the meeting at 7:36 p.m. and
Member Eakins took her seat as Group 2 Representative at 7:37 p.m.

Member Gonzales left the meeting at 7:38 p.m.

40. ITEMS OF CONCERN AND REFERRAL TO THE ADMINISTRATION FOR REVIEW AND REPORT: 1) potential RV parking for VTA employees at the operating divisions; 2) permanent signage for Children's Discovery Museum Station; 3) progress report regarding affordable housing initiatives, including the status of potential RV parking and VTA resources.

Queried and was advised that the Administration and Finance Committee would be the appropriate venue.

41. REPORT ON 1996 MEASURES A and B

Heard a report regarding Measures A & B highlighting: 1) Measure A & B projects are progressing and smaller projects are on target; 2) County of Santa Clara will be delivering a report in June 2000; and, 3) all projects are on schedule.

42. LEGISLATIVE REPORT

Heard a report from staff relative to state and federal issues of interest, highlighting Governor Davis' Congestion Traffic Relief and action taken by the Conference Committee.

43. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the agenda packet.

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

A. Peninsula Corridor Joint Powers Board

Heard a report relative to issues at the Peninsula Corridor Joint Powers Board Meeting on June 1, 2000, highlighting: 1) the July 6, 2000, JPB meeting was canceled; 2) received the quarterly status report on the Rapid Rail program and Electrification; 3) approved returning the San Bruno station to the Sylvan Avenue location from the current temporary station location near Interstate 380; 4) approved publishing for public comment the proposed FY 2001 DBE goal of 11 percent for federally assisted capital projects; 5) approved the purchase of 14 Virginia Railway Express rail passenger cars, which Caltrain is currently leasing; 6) approved the FY 2001 Operating Budget, which includes funding for 10 additional weekday trains in Fall of this year; 7) approved the FY 2001 JPB Capital Budget; 8) deferred the San Mateo County Transportation Authority's requests for the JPB to demonstrate its willingness to operate future commuter rail service in the Dumbarton Corridor; 9) approved execution of the purchase agreement with Union Pacific Railroad for acquisition of the Lenzen Avenue Maintenance Facility property; and, 10) were advised that commencing June 5, 2000, all eight weekday Gilroy trains will have five passenger cars in response to heavy ridership.

B. Capitol Corridor Joint Powers Board

The Capitol Corridor Joint Powers Board (CCJPB) did not meet in May. The next regularly scheduled meeting will be held on June 21, 2000, in Suisun City.

C. Altamont Commuter Express (ACE) Joint Powers Board

Heard a report relative to issues addressed at the ACE Meeting on Monday, May 15, 2000, highlighting: 1) received a presentation on the Alameda County Sales Tax Expenditure Plan by the Alameda County Transportation Authority (ACTA) and authorized the Chairperson of ACE to sign a letter of support for the 20-year expenditure plan and the ACE elements included within Alameda County's plan; 2) a report on the ACE FY 2000/2001 Draft Budget; 3) elected Alameda County Supervisor Scott Haggerty, Chairperson and San Joaquin County Supervisor Bob Cabral, Vice Chairperson of the ACE Board of Directors; 4) a report on the status of the accelerated purchase of a fourth set of train equipment for ACE; 5) a report on the preliminary results of the ACE on-board survey conducted on April 4, 2000; and, 6) information reports on ridership and on-time performance, fare revenue by location, and morning passenger boardings by stations.
D. Metropolitan Transportation Commission (MTC)

Heard a report relative to issues addressed at the MTC Meeting on Wednesday, May 24, 2000, highlighting: MTC's lobbying in Sacramento, California.

45. 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 PAB meeting on Thursday, June 1, 2000, highlighting: 1) received a project status report and Tasman East is scheduled to open service to Interstate 880 in May 2001; 2) expect construction bids for the serial guideway in the City of Milpitas on June 6, 2000, and will forward the award action to the Board of Directions Workshop on June 23, 2000; 3) Capitol Light Rail Project design is approximately 65% complete and progressing on schedule; 4) real estate acquisition is nearing completion for Tasman East and beginning on the Capitol Project. Approximately 100 offers will be made over the next three to four months; 5) received a final report on the Urban Design Vision for both Tasman and Capitol; and, 6) received staff report on Community Outreach Activities.

B. Vasona Light Rail Policy Advisory Board

There was no report from the Vasona Light Rail Policy Advisory Board.

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.

E. Downtown/East Valley Policy Advisory Board
Heard a report relative to issues addressed at the Downtown/East Valley Meeting on Wednesday, May 24, 2000, highlighting: 1) summary of the four public meetings held during the first two weeks of May; 2) VTA staff presented preliminary recommendations for the Downtown/East Valley Preferred Investment Strategy; 3) PAB directed VTA staff to modify the preliminary recommendations before circulating them to the community for review. The modified preliminary recommendations include the following major improvements: a) light Rail on Santa Clara Street and Alum Rock Avenue from the Capitol Line to Downtown San Jose; b) Light Rail on Capitol Expressway from the Capitol Line to Eastridge Mall; c) Light Rail on Capitol Expressway from Eastridge Mall to the Guadalupe Line; and, d) Bus Rapid Transit improvements on Monterey Highway from Downtown to the Santa Teresa Light Rail Station (Guadalupe Line); 4) PAB is expected to adopt final recommendations for the Downtown/East Valley Preferred Investment Strategy at its June 2000 meeting and then to the VTA Board of Directors in August 2000 for approval; and, 5) Downtown Light Rail Alignment Study: a) received an update on the Downtown Light Rail Alignment Study; and, b) preliminary evaluation of the light rail alignment alternatives will be presented to the community at a public meeting scheduled for 6:00 p.m. on June 14, 2000, at the First United Methodist Church, 24 North Fifth Street, San Jose, California.

46. REPORT FROM THE CHAIRPERSON

Recognized that May 10, 2000 California Transportation Foundation (CTF) Conference and Awards Program at which Valley Transportation Authority was the recipient of the Tranny Award for the Tasman West Light Rail Project as Project of the Year.

Reported that Gary Richards was a recipient of a Tranny Award in the Media Category.

47. REPORT FROM THE GENERAL MANAGER

Heard a report from the General Manager regarding: 1) first graduating class of diesel mechanics; 2) California Transportation Commission (CTC) dinner and reception scheduled for June 14, 2000; 3) Juneteenth Celebration at Cerone Yard on June 16, 2000; 4) VTP 2020 Workshop scheduled for June 23, 2000; and, 5) Mineta Institute Annual Dinner scheduled for June 24, 2000.

48. ANNOUNCEMENTS

There were no announcements.

49. CLOSED SESSION at 8:10 p.m.

A. Conference with Real Property Negotiators
[Government Code Section 54956.8]
Property: Approximately 3.34 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.

B. Existing Litigation - Conference with Legal Counsel
[Government Code Section 54956.9(a)]
Victoria Lopez v. Santa Clara Valley Transportation Authority (Santa Clara County)
Superior Court Case No.: CV782022

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

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

Amalgamated Transit Union (ATU) Local 265 and Loproto v. Santa Clara Valley Transportation Authority
Superior Court Case No.: CV 786193

RECONVENE TO OPEN SESSION at 9:05 p.m.

50. CLOSED SESSION REPORT

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

Property: Approximately 3.34 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.

Authorized the General Manager to execute an Agreement with the City of Milpitas for the sale of approximately 3.34 acres of excess property located on the easterly half of a parcel at the southeast corner of Tasman Drive and
Alder Drive in Milpitas, at a price of $48 per square foot or approximately $6,988,800.

B. Existing Litigation - Conference with Legal Counsel
[Government Code Section 54956.9(a)]
Victoria Lopez v. Santa Clara Valley Transportation Authority (Santa Clara County)
Superior Court Case No.: CV782022

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,

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.

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

Amalgamated Transit Union (ATU) Local 265 and Loproto v. Santa Clara Valley Transportation Authority
Superior Court Case No.: CV 786193

There was no reportable action taken during Closed Session.

ADJOURNED in Memory of Linda Garcia, VTA employee, A.E. Vinickas, father of Anne-Catherine Vinickas, and Louis Kendricks, brother of Bill Kendricks, at 9: 06 p.m. to the VTA Board of Directors Special Meeting scheduled for Friday June 23, 2000 at 8:30 a.m., San Jose Hyatt, 1740 North First Street, San Jose, California, and to the VTA Board of Directors Workshop, immediately following, and subsequently, to the Regular Meeting of the Board of Directors scheduled for Thursday, August 3, 2000, at 6:00 p.m. in the Board of Supervisors' Chambers, County Government Center, 70 West Hedding Street, San Jose, California.