Skip to Main Content Skip to Side Navigation Skip to Top Navigation

Board of Directors Meeting

January 06, 2000

 

Summary Minutes

1. CALLED TO ORDER at 6:03 p.m.

ROLL CALL:

Members Present: Beall, Chavez, Eakins, Gonzales, Kennedy D., LeZotte, Lucas, McHugh, McLemore (Ex-Officio),
Noe, Powers, Valerio, Woody

Members Absent: None

Administered the Oath of Office to Nancy Noe and Thomas Springer.

2. ORDERS OF THE DAY

Added Agenda Item 5X, Amend the November 4, 1999, Board of Directors Minutes to Regular Agenda and
requested a roll call vote.

Removed Agenda Item # 10, Authorize the General Manager to execute a contract with Parsons Transportation
Group for final design of the Route 237/I-880 Interchange Project Phases C1 and C2 in an amount not to exceed
$4,130,000 and requested a roll call vote.

Accepted Orders of the Day.

3. AWARDS AND COMMENDATIONS

Employees of the Month

Presented awards to Generio Cabuag, Chaboya Operations as VTA's Employee of the Month of December 1999;
Bill Barker, Cerone Operations; Letty Nigos, Cerone Administration; and Sonja Unger, Chaboya Maintenance, as
VTA's Employees of the Month for January 2000.

Members Woody and McHugh took their seats at 6:10 p.m.

4. PUBLIC PRESENTATIONS

There were no public presentations.

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

Robert C. Phelps, owner of APN: 244-05-049, expressed concern regarding the replacement of the wall, the high
voltage wires and good faith bargaining.

Bruce M. Smiley, attorney for owners of APN: 244-06-004 expressed concern regarding traffic studies.

Encouraged staff to work with Mr. Smiley.
Mark Ruebsamen, representing APN: 589-01-030, expressed concern regarding the visual impact and marketability
of the property, as well as ADA issues.

Closed hearing and adopted Resolutions of Necessity in connection with the Tasman East Light Rail Project,
pursuant to Article 2 (connecting 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

7101/Joseph W. Kovalik and Nancy R. Kovalik, Trustees/ APN: 092-01-003 Resolution No. 00.01.01
7106/Capitol Avenue Housing Associates/ APN: 589-01-030
Resolution No. 00.01.02
7111/Mark L. Seaman and Huong Seaman/ APN: 589-27-114 (SETTLED)
7113/Kevin Vu Cao and Julie Nhung Coa/ APN: 589-11-015 (DEFERRED)
7152/Sam Wells and Tamara Wells, Trustee/ APN: 244-06-004
Resolution No. 00.01.03
7156/Victor N. Rodil and Carmen A. Rodil/ APN: 244-05-034
Resolution No. 00.01.04
7157/Erlinda M. Tumacder, Single and Brenda M. Tumacder, Single as Joint Tenants/ APN: 244-05-036 Resolution
No. 00.01.05
7158/Viet Quoc Pham and Tung Thi Nguyen/ APN: 244-05-035
Resolution No. 00.01.06
7159/Florencio M. Pesigan and Estrellita R. Pesigan, Joint Tenants/ APN: 244-05-037 Resolution No. 00.01.07
7160/Imelda Wong, Trustee and Andy Peng-Phi Chan and Joan Francis Chan/ APN: 244-05-038 Resolution No.
00.01.08
7163/Robert C. Phelps and Shao-Shang Phelps/ APN: 244-05-049
Resolution No. 00.01.09
7168/Homer Yau and Hai Ling Huang, Joint Tenants/ APN: 244-39-041
Resolution No. 00.01.10
7170/Trade Zone Associates, Jim Rubnitz/ APN: 244-02-034
Resolution No. 00.01.11
7199/Jose Nunes, Trustee/ APN: 254-21-164 Resolution No. 00.01.12

C. Hearing - Notice of Intention to Adopt a Resolution of Necessity - Gilroy Caltrain Station Transit Center

Hwa Luh, owner of APN: 841-13-002, encouraged the board members not the support the taking of his property.

City of Gilroy Mayor Thomas Springer re-affirmed his city's support of the Gilroy Transit Center and encouraged
the Board of Directors' to adopt the Resolution of Necessity.

Closed hearing and failed to adopt (Roll call vote: 7 ayes 5 noes) a Resolution of Necessity in connection with the
Gilroy Caltrain Station Transit Center 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 California; and further, direct the filing of
eminent domain proceedings for the acquisition of certain real property as follows:

CT917/Hwa Luh and Shirley Luh/ APN: 841-13-002

The Board of Directors requested this item be agendized for the February 3, 2000 Board meeting and that the
following be provided: City of Gilroy's Draft Plan, Parking Structure versus Parking Lot to include historical
concerns, Current ridership/parking (where are riders coming from) and projections, and long-range planning - next
steps - options.

D. Hearing-to adopt a Resolution indicating that the Santa Clara Valley Transportation Authority agrees to
participate in the yield-to-buses demonstration program.

Requested information concerning the public education component of the Program.

Closed hearing and approved Resolution No. 00.01.13 requesting that Assembly Bill 1218, establishing California
Vehicle Code (CVC) Section 21810, which requires the driver of a vehicle to yield the right-of-way to a transit bus
under certain conditions, be made applicable to VTA.

CONSENT AGENDA

Member Kennedy stated that he would abstain from the vote on agenda item #10, Authorize the General Manager
to execute a contract with Parsons Transportation Group for final design of the Route 237/I-880 Interchange Project
Phases C1 and C2 in an amount not to exceed $4,130,000.

Member LeZotte stated that she would abstain from the vote on Agenda Item #8, Authorize the General Manager
to execute a contract with Brian Kangas Foulk for final design of the Route 101 Widening Project in an amount not
to exceed $4,534, 000.

Member McHugh requested that Agenda Item #15 be removed from the Consent Agenda.

5. Approved the Minutes of the Regular Board of Directors' Meeting of December 9, 1999.

5.X. Approved Addendum to the Agenda, Amending Page 16 of the November 4, 1999, Board of Directors'
minutes to read as follows:

28. CLOSED SESSION REPORT

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

Jensen v. Santa Clara County Transit District (Santa Clara
County Superior Court Case No. CV 775400)

The Board of Directors approved settlement.

Shareef v. Santa Clara County Transit District (WCAB Nos. SJO 171929,19829 through 197835; Santa Clara
County
Superior Court Case No. CV 777793)

The Board of Directors approved settlement.

Approved the Consent Agenda as amended.

ADMINISTRATION AND FINANCE COMMITTEE

6. Authorized the General Manager to execute a contract with URS Greiner Woodward Cycle for final design of the
Route 85/87 Interchange Project in an amount not to exceed $4,500,000.

7. Authorized the General Manager to execute a contract with Nolte Associates, Inc. for a final design of the Route
85/101 North Interchange Project in an amount not to exceed $7,710,000.

8. Authorized the General Manager to execute a contract with Rajappan & Meyer for final design of the Route
85/101 South Interchange Project in an amount not to exceed $4,500,000. (Member LeZotte abstained.)

9. Authorized the General Manager to execute a contract with Brian Kangas Foulk for final design of the Route 101
Widening Project in an amount not to exceed $4,534, 000.

10. (Removed from the Consent Agenda.)

11. Adopted Resolution No. 00.01.14 expressing VTA's commitment to provide local matching funds for the second
cycle Transportation Equity Act for the 21st Century (TEA-21) Congestion Mitigation Air Quality (CMAQ) and
Surface Transportation Program (STP) candidate projects, and authorize the General Manager to submit the grant
documents to the Metropolitan Transportation Commission (MTC) and execute the grant agreements.

12. Authorized the General Manager to submit to the Federal Transit Administration (FTA), VTA's Federal Fiscal
Year 2000 Section 5309 Fixed Guideway and Bus grant applications, and to execute the grant agreements when
received from the FTA.

13. Authorized the General Manager to submit the FY 2000 Section 5307 Urbanized Area Formula Program and
Surface Transportation Programming (STP), Congestion Management Air Quality (CMAQ) and Intelligent
Transportation System (ITS) grant applications to the Federal Transit Administration (FTA), and to execute the
grant agreement when received from FTA.

14. Authorized the General Manager to execute an agreement with F2 Technologies for the acquisition of servers
and related equipment for an estimated amount of $1,401,000 and amend the VTA capital budget to provide the
necessary funding.

15. (Removed from the Consent Agenda.)

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

16. Authorized the General Manager to execute a contract with H R B Construction in the amount of $258,920 for
Shop Building Demolition & Modifications of the Kunde Property as part of the I-880 to Hostetter Extension of the
Tasman East Light Rail Project.

17. Adopted Resolution No. 00.01.15 finding that the purchase of up to 40 low-floor articulated buses through
competitive negotiation is appropriate, as required by Public Contract Code Section 20217.

REGULAR AGENDA

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON'S REPORT - Powers

10. Authorized the General Manager to execute a contract with Parsons Transportation Group for final design of
the Route 237/I-880 Interchange Project Phases C1 and C2 in an amount not to exceed $4,130,000. (Member
Kennedy abstained.)

15. Authorized the General Manager to execute an agreement for services with BrightStar Incorporated up to an
amount not to exceed $1,053,000 to provide consultant services for the Enterprise Resource Planning Project.

Requested future memoranda indicate General Counsel's concurrence with issuance of a non competitive contract.

18. Approved the 2000 State Legislative Program for the Santa Clara Valley Transportation Authority with
exception to section item # 5 Clean Fuel.

Requested section item #5 Clean Fuels be delayed and that the Board receive a presentation from the California Air
Resources Board and the Metropolitan Transportation Commission (MTC), at the February 3, 2000 Board of
Directors' meeting.

Requested VTA thoroughly review any major transportation finance proposals and consider trading federal funds
for local funds with counties who do not complete projects on time or on budget.

19. Approved the 2000 Federal Legislative Program for the Santa Clara Valley Transportation Authority.

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

Approved the Assessment of Member Agencies for their FY 1999/2000 First and Second Quarter Fees.

21. Approved the Programming Strategy for the Second Cycle of Transportation Equity Act for the 21st Century
(TEA-21): Multi-County/Regional Transit Projects for the San Jose Urbanized Area and Urge Support of the
Programming Strategy from the Metropolitan Transportation Commission (MTC).

22. Adopted the Second Cycle of TEA-21 Transit and Roadway Rehabilitation Program.

TRANSIT PLANNING AND OPERATIONS COMMITTEE
CHAIRPERSON'S REPORT - MCHUGH

23. Authorized the General Manager to execute a contract with Parsons Brinkerhoff Quade and Douglas, Inc. in the
amount of $450,000 for the preparation of the BART Extension to San Jose/Santa Clara Study.

OTHER ITEMS

Member Chavez left the meeting at 7:47 p.m.

24. REPORT ON 1996 MEASURES A and B

Heard a report regarding Measures A & B, highlighting the Master Agreement.

25. LEGISLATIVE REPORT

Heard a report from staff regarding the Governor's priorities and funding for transportation.

26. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the agenda packet.

27. REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS
A. Peninsula Corridor JPB

Heard a report relative to issues addressed at the Peninsula Corridor Joint Powers Board Meeting on Thursday,
January 6, 2000, highlighting: 1) the swearing in of VTA Director Manuel Valerio as a member of the JPB; 2) the
election of Michael Burns of San Francisco as JPB Chairperson; 3) the approval of a Resolution of Appreciation for
outgoing JPB Chairperson Jim Lawson; 4) the approval of an increase in the compensation of JPB members to
$100 per board meeting; 5) the approval of the use of Eco Pass as fare media on Caltrain for an eleven-month trial
period beginning February 1, 2000; 6) the Rapid Rail Program and electrification quarterly status reports; 7)the
authorization of the execution of a Memorandum of Understanding with the City and County of San Francisco for
the completion of the Final Environmental Impact Report and Environmental Impact Statement for the Caltrain
Downtown Extension Project; and 8) the status report regarding the installation of ticket vending machines
scheduled for January through July of this year.

B. Capitol Corridor JPB

There was no report from the Capitol Corridor JPB.

C. Altamont Commuter Express Joint Powers Board (ACE)

There was no report from the Altamont Commuter Express JPB.

D. Metropolitan Transportation Commission (MTC)

Heard a report relative to issues addressed at the Metropolitan Transportation Commission Meeting on Wednesday,
December 15, 1999, highlighting: 1) the revision of the STP-Exchange Expenditure Plan to advance funds to the
Alameda CMA; 2) the amendment to the Final 2000 Legislative Program to include MTC's working with APTA on
access rights to freight rail corridors for commuter and light rail operators and also following legislation regarding
the reauthorization of the Federal Aviation Administration (FAA) to ensure that airport-generated revenues can
continue to be used for transportation capital improvement projects that enhance access to airports; 3) the tour of
the Bart San Francisco extension project; and 4) the "Welfare to Work Transportation Summit" that was well
attended.

28. REPORTS FROM VTA LIGHT RAIL POLICY ADVISORY BOARDS

A. Capitol Light Rail Policy Advisory Board

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

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

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

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

E. Caltrain Policy Advisory Board

There was no report from the Caltrain Policy Advisory Board.

F. Downtown/East Valley Policy Advisory Board

Heard a report relative to issues addressed at the Downtown/East Valley Policy Advisory Board Meeting on
Thursday, December 16, 1999, highlighting: 1) a recommendation for the initial screening of alternatives for the
Downtown/East Valley Major Investment Study (MIS); 2) the request for staff to investigate modifying the
alignment of one of the light rail alternatives in response to concerns raised by the adjacent neighborhood; and 3)
the next step in the MIS process which is to refine the alternatives from a conceptual level to more detailed
definition.

29. REPORT FROM THE CHAIRPERSON

Heard a report from Vice Chairperson Valerio regarding the following:

A. Appointed Nancy Noe as one of VTA's members of the Altamont Communter Express Joint Powers Board
(ACE), filling the position which is being vacated by VTA Board Member Manuel Valerio.

B. Appointed Board Members to the following Committees: Administration and Finance Committee, Member
Kennedy D.; Congestion Management Committee, Member Noe; Transportation Planning and Operations
Committee, Member Valerio.

30. REPORT FROM THE GENERAL MANAGER

Heard a report from the General Manager regarding: 1) ridership on the Tasman West Light Rail Line; 2) the
distribution of token holders; 3) the installation of ticket vending machines; 4) Y2K being a smooth transition; and 5)
the memorial service for Sharon Banks, General Manager for AC Transit.

31. ANNOUNCEMENTS

There were no announcements.

32. CLOSED SESSION

There were no items for closed session.

CLOSED SESSION REPORT

There was no closed session.

ADJOURNMENT in memory of Sharon Banks at 8:02 p.m. to VTA Board of Directors and Santa Clara County
Board of Supervisors Joint Workshop scheduled for Monday, January 28, 2000, at 8:30 a.m. in the Castillion Room,
Mediterranean Center of the San Jose Hyatt, and subsequently, to the Regular Meeting of VTA's Board of Directors
scheduled for Thursday, February 3, 2000, in the Board of Supervisors' Chambers, County Government Center, 70
West Hedding Street, San Jose, California.