Board of Directors Meeting
August 03, 2000
1. ROLL CALL:
Members Present: Alvarado, Beall (Ex-Officio), Chavez, Eakins, Gonzales, Kennedy, D., LeZotte, Lucas, McHugh, McLemore (Ex-Officio), Noe, Powers, Valerio, Woody
Members Absent: None
2. ORDERS OF THE DAY
Remove Agenda Item #10., Adopt the projects in the ten-year Valley Transportation Plan 2020 (VTP 2020) Bicycle Expenditure Program and forward the list of adopted projects to the Santa Clara County Board of Supervisors for approval, from the Consent Agenda and place on the Regular Agenda for further discussion.
Defer Agenda Item #35 Authorize the General Manager to execute an Agreement with the Castle Group, a California Corporation, for the sale of approximately 6.05 acres of excess property located along the west side of Lick Avenue between West Alma Avenue and Goodyear Street in San Jose, at a price of $1,200,000 per acre or $27.55 per square foot for an approximate price of $7,260,000, to the next regularly scheduled Board of Directors Meeting on September 7, 2000.
Accepted Orders of the Day.
3. AWARDS AND COMMENDATIONS
Member McHugh took his seat at 6:10 p.m.
Employees of the Month
Presented an award to William Maslak, North Operations, as one of VTA's Employees of the Month for July 2000.
Presented an award to Dennis Barnwell, North Maintenance, as one of VTA's Employees of the Month for August 2000.
Ramon Rojas, Chaboya Operations and David Hohl, Chaboya Administration, Employees of the Month for July 2000, and Rose Perez, River Oaks Administration and Renna Rios, Cerone Maintenance, Employees of the Month for August 2000, were unable to attend and were invited to the next regular meeting of the Board of Directors scheduled for September 7, 2000.
4. PUBLIC PRESENTATIONS
A. Richard Brilz, Motive Power, requested that the Board of Directors defer the decision on Item #17., Purchase of Five Diesel Locomotives, to allow Motive Power the opportunity to present an alternate proposal.
Leonard Cravens, interested citizen, requested that Item #16., Competitive Negotiation Resolution of Procurement of Commuter Rail Vehicles; Item #17., Purchase of Five Diesel-Electric Locomotives; and, Item #30., Information Services Consulting Support, be removed from the Consent Agenda and urged that the Capitol Light Rail Project be extended to the Eastridge Mall.
Provided Mr. Cravens the opportunity to present his arguments to Agenda Items 16, 17 and 30 under Public Presentations.
Bruce M. Stevens, interested citizen, addressed the Board of Directors regarding the purchase of bi-level commuter rail vehicles.
Mr. Cravens, interested citizen, also addressed the Board of Directors regarding the purchase of bi-level commuter rail vehicles.
Suggested regarding Item #30., Information Services Consulting Support, that VTA employees could be trained to meet VTA's growing technological needs.
B. Hearing - Notice of Intention to Adopt a Resolution of Necessity - Capitol Light Rail Project
Gloria McClain, Coalition to Stop Light Rail on Capitol Avenue, urged the Board of Directors not to proceed with the Capitol Light Rail Project.
Closed hearing and adopted Resolutions of Necessity in connection with the Capitol 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
7614/Lena E. Scimeca/APN: 589-20-012/Resolution No. 00.08.44
7608/Josephine K. Orlando/APN: 589-19-044/Resolution No. 00.08.45
715 &717/Atlantic Richfield Company/APN: 245-05-012/
Resolution No. 00.08.46
7610/Northern California Baptist Conference/APN: 589-20-021/ (Removed)
5. Adopted on a vote of 11 ayes to 0 noes to 1 abstention a list of Projects and reaffirmed the VTA Board of Directors recommendation to the Santa Clara County Board of Supervisors the Proposed Expenditure Program for a November 7, 2000 Transportation Ballot Measure; and the recommendation that the VTP 2020 Projects List and Expenditures Program reviewed by the VTA Board of Directors on June 23, 2000, should act as the foundation for a Measure A/B Sales Tax Extension Ballot Measure. (Chairperson Alvarado abstaining)
Mike Macarelli, interested citizen, expressed support for the proposed ballot measure.
Irvin Dawid, Sierra Club, and David Coole, interested citizens, expressed opposition to placing the measure on the November Ballot and expressed concern regarding the lack of opportunity for more public participation.
Wally Ebright, AARP, expressed opposition to placing the measure on the ballot noting that it does not address the elderly in the County and urged that other methods of taxing to fund the project be considered.
Margret Oksumi, Peninsula Rail 2000, expressed disappointment that VTA is moving forward with the proposed ballot measure and urged VTA and County Supervisors to work together and open the public process to develop an acceptable plan.
Kevin Stanley, resident of Mountain View, expressed opposition to VTA continuing to move on the proposed ballot measure.
Read into the record: The undersigned, a majority of the Board of Directors of the Santa Clara Valley Transportation Authority (VTA), hereby call a Special Meeting of the Board to be held on Wednesday, August 9, 2000, at 5:30 p.m. at the San Jose City Council Chambers.
The purpose of the meeting shall be to consider adoption of a resolution calling for a special election, to be consolidated with the statewide election to be held on November 7, 2000, to authorize VTA to impose a sales and use tax for transit purposes, for a period not to exceed either 20 years, 25 years, or 30 years, and to take effect either at the earliest possible date, or upon expiration of the current County of Santa Clara 1996 Measure B �-cent sales tax.
Requested that staff prepare a 30-year tax plan for transit related projects outlining how new highway and roads projects may be expedited by using Federal and State funds for consideration at the Special Meeting scheduled for August 9, 2000.
Noted reluctance to placing the proposed measure on the ballot at this time and suggested that phasing BART in might be more beneficial and urged that more time be spent for comprehensive planning and public involvement.
6. Approved the Minutes of the Regular Board of Directors' Meeting of June 1, 2000.
7. Approved the Minutes of the Board of Directors Special Meeting of June 23, 2000.
ADMINISTRATION AND FINANCE COMMITTEE
8. Approved the appointments of Aaron Morrow and Thomas Slack to fill existing vacancies on the Committee for Transit Accessibility.
9. Approved a leave of absence for Maryjane Naughten, Committee Member for Transit Accessibility, representing Group I (San Jose) through September 30, 2000.
10. Removed the programming of Santa Clara County's Regional Improvement Program (RIP) share of the 2000 State Transportation Improvement Program (STIP) Augmentation to Caltrain and the Vasona Light Rail project to maximize flexibility in funding projects which will award contracts prior to the 2002 STIP, from Consent to the Regular portion of the Agenda.
11. Adopted the projects in the ten-year Valley Transportation Plan 2020 (VTP 2020) Bicycle Expenditure Program and forward the list of adopted projects to the Santa Clara County Board of Supervisors for approval.
12. Adopted programming policies and criteria for the Transportation Development Act Article 3 (TDA 3), Transportation Fund for Clean Air Program Manager Fund (TFCA 40%), and Transportation Equity Act for the 21st Century (TEA-21) Transportation Enhancements Fund (TE).
13. Approved programming $6.6 million in Local Reserve funds to projects as designated.
14. Approved the recommended projects as the 1996 Measure A Route 17 Project and that the list of approved projects be forwarded to the Santa Clara County Board of Supervisors for approval.
15. Authorized the General Manager to execute Amendment No. 21 to the Parsons Brinckerhoff/Morrison Knudsen (PB/MK) Design Services Agreement for additional final design services and design services during construction on the Tasman East Light Rail Project in an amount not to exceed $4,474,390, for a new contract authorization not to exceed $58,877,340 and extend the Agreement through June 30, 2004.
16. Adopted Resolution No. 00.08.47 finding that the purchase of up to 40 bi-level commuter rail vehicles through competitive negotiation is appropriate, as provided in Public Contract Code � 20306.
17. Authorized the General Manager to enter into a contract with Electro-Motive Division of General Motors (EMD) for the purchase of five diesel-electric locomotives at a cost not to exceed $13,000,000 for the Fremont-South Bay Commuter Rail Project.
18. Authorized the General Manager to execute an Agreement for Relocation of San Jose Water Company Facilities required by the Tasman East, Capitol, and Vasona Light Rail Projects.
19. Authorized the General Manager to execute a Cooperative Agreement with the Santa Clara Valley Water District (SCVWD) for the construction of the Penitencia Creek Bridge at Capitol Avenue by-pass.
20. Authorized the General Manager to execute Amendment No. 3 to the Carter & Burgess, Inc. Program Controls and Construction Management Services Agreement for the Facilities Improvement Program, increasing the approved contract amount by $7,275,000 for a new value not to exceed $9,000,000 and extending the term by three years, to June 30, 2003. At least one additional amendment is anticipated after FY 2003 to continue these services for the full six years of the Facilities Improvement Program.
21. Authorized the General Manager to execute a contract with Parsons Brinckerhoff Quade & Douglas, Inc. for a Facilities Master Plan Study in an amount not to exceed $250,000.
22. Authorized the General Manager to execute a contract with Stacy & Witbeck, Inc., the lowest responsible bidder for Civil, Trackwork, and OSC Installation for the Guadalupe Light Rail Vehicle (LRV) Facility Expansion Project, in the amount of $3,536,568,50. This contract is 56% federally funded.
23. Authorized the General Manager to execute a contract with Golden Bay Construction, Inc., the lowest responsible bidder for the Gilroy Transit Center Project, in the amount of $3,008,068. This contract is 51% federally funded.
24. Authorized the General Manager to execute contracts for goodwill appraisal services with the firms of Donna Desmond Associates, American Business Counselors and Desmond, Marcello and Amster on an as-needed basis. There is no individual contract ceiling and the total amount of the contracts is not to exceed $315,000. Each contract will be for a term of five years.
25. Authorized the General Manager to execute a contract amendment with Robert Bein, William Frost & Associates, from San Jose, in an amount not to exceed $350,000, to complete environmental compliance for the Capitol Light Rail Project for a total contract of $835,934; and with David J. Powers and Associates, also from San Jose, in an amount not to exceed $250,000, to complete environmental compliance for the Vasona Light Rail project for a total contract of $860,840.
26. Authorized the General Manager to execute an amendment to the contract with Outreach and Escort, Inc. for paratransit brokerage services for an additional five years, with an option for an additional five year extension, in annual amounts determined by VTA's adopted budget for ADA paratransit services.
27. Authorized the General Manager to execute two-year extensions to VTA's contracts for car wash services with four vendors: California Car Wash, Montague Premier Hand Wash, Pacific Car Wash and The Car Spa of Mountain View through July 20, 2002. The total value of all four contracts combined shall not exceed $12,000 for the first year of the extension and $14,000 for the second year of the extension.
28. Authorized the General Manager to extend the contract with Hayden J. Lee Consultants, Inc., (Lee Consultants) for Disadvantaged Business Enterprise (DBE) Program certification services, contract monitoring, and DBE participation tracking for two additional years in an amount not to exceed $99,000, for a total contract amount of $268,000 for a five-year period.
29. Adopted an Internal Revenue Service (IRS) �401(a) plan and trust for Executive Management and for Non-Represented Management and delegate authority to the General Manager to: 1) make any required changes to the proposed plan document to conform it to IRS regulations and 2) to amend the existing contract with ICMA/RC to provide for plan administration services.
30. Authorized the General Manager to execute contracts and firms that will provide consulting and support services in Network Support, Server Support, General Programming and Applications Support, Distributed User Technical Support, Web Development and General Technical/Project Management Support. Each contract will be for a three-year base term, with up to two additional one-year extension; the total value of all contracts will not exceed $4,500,000.
31. Authorized the General Manager to execute an amendment with F2 Technologies for the provision of additional network servers, software, and configuration consulting services and amend the capital budget to provide additional funding in the amount of $380,000 for a new contract amount not to exceed $1,780,000.
32. Authorized the General Manager to execute an amendment to a contract with Yipes, Inc. (formerly Nanospace, Inc.) to provide additional web development services, and to increase the contract amount by $250,000 for an amount not to exceed $510,000. The term of the contract will remain the same.
CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE
There were no items submitted for the Consent Agenda by the Congestion Management Program and Planning Committee.
TRANSIT PLANNING AND OPERATIONS COMMITTEE
There were no items submitted for the Consent Agenda by the Transit Planning and Operations Committee.
ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON'S REPORT - Woody
10. Approved the projects in the ten-year Valley Transportation Plan 2020 (VTP 2020) Bicycle Expenditure Program and forwarded the list of adopted projects to the Santa Clara County Board of Supervisors for approval. This action comes at no net financial impact to the current Measure B Program.
33. Approved the Downtown/East Valley Preferred Investment Strategy.
Commended Julie Render, Principal Transportation Planner, for her participation in outstanding community outreach efforts.
Manny Diaz, Chairperson of the Downtown/East Valley Policy Advisory Board, thanked staff and the Policy Advisory Board for their work with the community and requested support and approval of the Preferred Investment Strategy.
Thanked the Policy Advisory Committee for their involvement and support of the Downtown/East Valley Light Rail Project.
Acknowledged the Boards leadership and requested a resolution to designate the Downtown/East Valley Light Transit Program as VTA's next priority after the Measure A projects.
Mr. Dawid, interested citizen, suggested that the next phase of the Downtown/East Valley Major Investment Study (MIS) incorporate signal light synchronization and aesthetic consideration.
David Coole, interested citizen, commended the process for the Downtown/East Valley MIS Study.
Commended Chairperson Alvarado for her leadership and VTA staff and the Policy Advisory Committee for their outstanding efforts on behalf of the project.
Phaedra Ellis-Camkins, WPUSA, echoed the Board Members commendations.
Member Beall (Ex-Officio) left the meeting at 7:05 p.m.
34. Adopted Fiscal Year 2001 overall annual Disadvantaged Business Enterprise (DBE) goal for federally assisted contracts.
CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE
CHAIRPERSON'S REPORT - Nadler
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
There were no items submitted for the Regular Agenda by the Transit Planning and Operations Committee.
35. Deferred authorizing the General Manager to execute an Agreement with the Castle Group, a California Corporation, for the sale of approximately 6.05 acres of excess property located along the west side of Lick Avenue between West Alma Avenue and Goodyear Street in San Jose, at a price of $1,200,000 per acre or $27.55 per square foot for an approximate price of $7,260,000 to the next regularly scheduled Board of Directors Meeting on September 7, 2000.
36. Authorized the General Manager to execute a Purchase Agreement with ROEM Development Corporation to acquire property and improvements for the Alum Rock Transit Center and Park-and-Ride Lot, part of the Capitol Light Rail Project.
Robert Emami, ROEM Corporation, thanked VTA staff for their joint efforts with ROEM toward the construction of user and community friendly transit center.
Suggested consideration of a child care facility, retail establishments and a bus rider rest area in ongoing discussion in regard to the development of the transit center.
37. ITEMS OF CONCERN AND REFERRAL TO THE ADMINISTRATION FOR REVIEW AND REPORT: 1) request of a resolution designating the Downtown/East Valley Transit Program a priority after the Measure A Projects, 2) Request staff to work closely with Councilmember Chavez and the Redevelopment Group to incorporate pedestrian consideration in the Downtown/East Valley Transit Program.
38. REPORT ON 1996 MEASURES A and B
Heard a report regarding Measures A and B highlighting 1) Rail, Highway and Pavement Management Projects progress, 2) presentation of a Quarterly Report at the September 7, 2000 Board Meeting.
39. LEGISLATIVE REPORT
There was no Legislative Report.
40. REPORTS FROM ADVISORY COMMITTEES
Accepted as contained in the agenda packet.
41. 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 August 3, 2000, highlighting: 1) awarded a three-year contract for Caltrain shuttle service to Parking Company of America, 2) awarded a contract for station improvements, 3) announced that the October 5, 2000 JPB Meeting will be held in San Jose at a site to be determined, 4) received Quarterly Status Reports on the Caltrain Capital Program and the Electrification/Rapid Rail Program, and 5) approved a rolling stock lease lease-back transaction that is expected to provide the JPB an estimated benefit of $6.8 million.
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
There was no report from the Altamont Commuter Express (ACE) Joint Powers Board.
D. Metropolitan Transportation Commission (MTC)
Heard a report relative to issues addressed at the MTC Meeting on July 26, 2000 highlighting: 1) American Public Transportation Association's (APTA) annual meeting will be held in San Francisco September 24 through 28, 2000; 2) US Department of Transportation's (DOT) request for a three digit traffic information number for the Bay Area was granted by the Federal Communications Commission; 3) approval of a contract for TravInfo services through 2006; 4) endorsement of a Regional Agency Smart Growth Strategy Work Plan; 5) revision of the Surface Transportation Program (STP)-Exchange Expenditure Plan for Transportation for Livable Communities (TLC) and Transportation Equity Act (TEA) and STP/ Congestion Mitigation and Air Quality Improvement Program (CMAQ) projects; 6) adoption of the 2000 Regional Transportation Improvement Program (RTIP) Guidelines and Schedule and Transportation Improvement Program (TIP) Amendment Rules and Procedures; and, 7) adoption of a support position on Proposition 35, known as the Fair Competition Taxpayer Savings Initiative.
42. REPORTS FROM VTA POLICY ADVISORY BOARDS
A. Tasman/Capitol Light Rail Policy Advisory Board
There was no report from the Tasman/Capitol Light Rail Policy Advisory Board.
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.
Heard a report relative to issues addressed at the Administration and Finance Committee on Friday, July 21, 2000, highlighting: 1) results of the Service Quality and Gateway County Survey, and 2) a request from the Committee for Transit Accessibility Committee for information regarding the percentage of bus lift repairs on each series of buses.
E. Downtown/East Valley Policy Advisory Board
Heard a report relative to issues addressed at the Downtown/East Valley Meeting on Wednesday, June 21, 2000, highlighting: 1) adoption of final recommendations regarding the Downtown/East Valley Preferred Investment Strategy for consideration by the VTA Board of Directors; 2) a briefing on public outreach events; and, 3) the receipt of a report on the preliminary evaluation of light rail alignment alternatives for the Downtown Light Rail Alignment Study.
43. REPORT FROM THE CHAIRPERSON
There was no report from Chairperson Alvarado.
44. REPORT FROM THE GENERAL MANAGER
There was no report from the General Manager.
There were no announcements.
46. CLOSED SESSION at 7:29 p.m.
Existing Litigation - Conference with Legal Counsel
[Government Code Section 54956.9(a)]
Pauline Robinson vs. Santa Clara Valley Transportation Authority
(WCAB No. SJO 1511930)
RECONVENE TO OPEN SESSION at 7:36 p.m.
47. CLOSED SESSION REPORT
Existing Litigation - Conference with Legal Counsel
[Government Code Section 54956.9(a)]
Santa Clara Valley Transportation Authority v. Pauline Robinson,
(WCAB No. SJO1511930)
The Board approved a settlement which will be made public if it is accepted by the applicant.
ADJOURNED at 7:37 p.m. to a Special Meeting Scheduled for August 9, 2000, at 5:30 p.m. at San Jose City Council Chambers and subsequently to the next Regular Meeting of the Board of Directors scheduled for Thursday, September 7, 2000, at 6:00 p.m. in the Board of Supervisors' Chambers, County Government Center, 70 West Hedding Street, San Jose, California.