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Board of Directors Meeting

September 07, 2000

 

Summary Minutes

CALLED TO ORDER at 6:07 p.m.

ROLL CALL: Members Present: Alvarado, Beall, Chavez, Eakins, LeZotte, Lucas, Powers, Valerio, Woody

Members Absent: Gonzales, Kennedy, D., McLemore (Ex-Officio), Nadler

2. ORDERS OF THE DAY

Add Addenda Item #23X., Authorize the General Manager to execute an Agreement with the Castle Group, a California Corporation, for the sale of approximately six 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 $7,260,000.

Add Addenda Item #23.X.X., Adopt a resolution designating the Downtown/East Valley Transit Improvement Program as VTA's next priority after the 1996 Measure A & B Transportation Improvement projects.

Remove Agenda Item #9., from the Consent Agenda and place on the Regular Agenda, Approve the Appointments and re-appointments to the Bicycle Advisory Committee.

Accepted Orders of the Day.

3. AWARDS AND COMMENDATIONS

Employees of the Month

Presented awards to Stephen Smith, North Maintenance; Edwin Hedgepeth, Chaboya Operations; as VTA's Employees of the Month for September 2000 and Kiyo Ushino in the supervisory category.

4. PUBLIC PRESENTATIONS

There were no Public Presentations.

Member Eakins took her seat at 6:15 p.m.

B. Hearing - Notice of Intention to Adopt Resolutions of Necessity - Capitol Light Rail Project (2/3 Vote Required for Adoption)

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, direct the filing of eminent domain proceedings for the acquisition of certain real property as follows:

Property ID Number/Owner/Assessors Parcel Number

7622/Fong Mee Fon Yee, Trustee/APN: 591-01-024
Resolution No. 00.09.50
7626/Mildred De Leon, et al/APN: 591-23-035
(Removed from Agenda.)
7625/Gilbert R. Foster/APN: 254-29-004 (Removed from Agenda.)
7652/Anthony Traina, Trustee and Marie Traina, Trustee/
APN: 592-06-020 (Removed from Agenda.)
7654/Anthony Traina, Trustee and Marie Traina, Trustee/
APN: 592-06-019 (Removed from Agenda.)
7674/Chevron U.S.A., Inc./APN: 592-19-019
Resolution No. 00.09.51
7688, 7690, and 7692/Carson L. Grimes, Jr./APN: 484-16-158,
484-16-157, and 484-16-156 Resolution No. 00.09.52
7754/Romeo D. Danais, Jr./APN: 484-23-033
Resolution No. 00.09.53

Attorney Ron Zemberin, representing Fong Mee Fon Yee, Parcel Number 7622, made a formal objection based on due process and the equal protection of the law.

C. Hearing - Notice of Intention to Adopt Resolutions of Necessity - Vasona Light Rail Project (2/3 Vote Required for Adoption)

Closed hearing and adopted Resolutions of Necessity in connection with the Vasona 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, direct the filing of eminent domain proceedings for the acquisition of certain real property as follows:

Property ID Number/Owner/Assessors Parcel Number

V020, V022 & V039/Union Pacific Railroad Company/ APN: 261-34-021, 261-35-032 and 261-34-002 Resolution No. 00.09.54

D. Hearing - Notice of Intention to Adopt Resolutions of Necessity - Tasman East Light Rail Project (2/3 Vote Required for Adoption)

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

Property ID Number/Owner

5252/City of Milpitas Resolution No. 00.09.55

CONSENT AGENDA

5. Approved the Minutes of the Regular Board of Directors Meeting of August 3, 2000.

6. Approved the Minutes of the Board of Directors Special Meeting of August 9, 2000.

ADMINISTRATION AND FINANCE COMMITTEE

7. Approved amending the Citizens Advisory Committee (CAC) bylaws to remove Committee member term limits.

8. Approved appointments and re-appointments to the Citizens Advisory Committee.

(Removed from the Consent Agenda and placed on the Regular Agenda.)

Approve the appointments and re-appointments to the Bicycle Advisory Committee.

10. Authorized the General Manager to renew benefit contracts with Kaiser, PacifiCare, Valley Health Plan, Delta Dental, Pacific Union Dental, Vision Service Plan and Highmark Life Insurance Company effective January 1, 2001 for all VTA employees and retirees.

11. Authorized the General Manager to execute an agreement for a no-cost lease exchange of parking facilities located at First and Younger Streets with the County of Santa Clara.

12. Adopted Resolution No. 00.09.56 supporting the use of State Transportation Improvement Program (STIP) funds for the Vasona Corridor Light Rail Project from Downtown San Jose to Winchester Boulevard in Campbell, and authorized the General Manager to file state and federal grant applications and execute the respective grant agreements upon their approval

13. Approved Adoption of Resolution No. 00.09.57 designating the Chief Financial Officer, the Deputy Director of Fiscal Resources and the Finance Manager as authorized agents to execute state applications on behalf of the Santa Clara Valley Transportation Authority and to provide other necessary information for matters pertaining to claims for disaster assistance.

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

14. Authorized the General Manager to execute a contract with Decon Environmental Services, Inc., in the amount of $1,239,386 for a Hazardous Material Removal Contract on the Vasona and Capitol Light Rail Projects and other VTA Facilities Projects.

15. Authorized the General Manager to enter into a cost sharing agreement with the Peninsula Corridor Joint Powers Board for an amount not to exceed $350,000 for Aerial Photography, GIS (Geographic Information System), and surveying work for the Fremont/South Bay Commuter Rail Project.

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

17. Authorized the General Manager to execute a contract with Golden Bay Construction, Inc., the lowest responsible bidder for the Monterey Road Bus Stop Improvements Phase 1 Project, in the amount of $1,098,895.04.

18. Authorized the General Manager to execute a contract with Sposeto Engineering, Inc., the lowest responsible bidder for the West Valley College Transit Center Project, in the amount of $1,229,042.

REGULAR AGENDA

9. Amended and approved appointments and re-appointments to the Bicycle Advisory Committee.

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON'S REPORT - Woody

There were no items submitted for the Regular Agenda by the Administration and Finance Committee.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE
CHAIRPERSON'S REPORT

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 - LeZotte

19. Authorized the General Manager to execute a contract with Mark Thomas & Company, Inc., for Civil/Site/Utilities Consultant Services for the Cerone Complex Improvements in an amount not to exceed $400,000. Yearly amendments are anticipated after Fiscal Year (FY) 2001 to continue these services for the term of the Cerone Complex Improvements Project, approximately five years.

20. Authorized the General Manager to execute a contract with STV Incorporated for Architecture and Engineering Consultant Services for the Cerone Complex Improvements in an amount not to exceed $1,100,000. Yearly amendments are anticipated after FY 2001 to continue these services for the term of the Cerone Complex Improvements Project, approximately five years.

21. Authorized the General Manager to: 1) execute a cooperative agreement with Moffett Park Drive Limited Liability Corporation (LLC), which defines the responsibilities for the design, construction, operation and maintenance of the LRT Moffett Park Station; 2) accept the LRT Moffett Park Station as a donation from Moffett Park Drive LLC upon its completion and acceptance; 3) approve the initial outlay of $237,000 for costs, such as VTA labor, consultants and ticket vending machines, that VTA will incur on behalf of this project to be reimbursed by Moffett Park Drive LLC; and, 4) execute an easement deed to Moffett Park Drive LLC for pedestrian access to the station and parking near the station.

Approved deferring taking action on the recommendation made by VTA's Committee for Transit Accessibility on July 12, 2000, which includes establishing TransLink on paratransit as a major priority in the Metropolitan Transportation Commission's planning process.

OTHER ITEMS

23. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no items of Concern and Referral to Administration.

23.X. Authorized the General Manager to execute an Agreement with the Castle Group, a California Corporation, for the sale of approximately six 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 $7,260,000.

Jim Pollard, Vice President of Development with the Castle Group, provided a brief description of the site plan.

23.XX.Adopted Resolution No. 00.09.58 designating the Downtown/East Valley Transit Improvement Program as VTA's next priority after the 1996 Measure A + B Transportation Improvement projects.

REPORT ON 1996 MEASURES A and B

Heard a report highlighting: 1) The Measures A and B Quarterly Report and, 2) Projects on time and in many cases, ahead of schedule.

LEGISLATIVE REPORT

Heard a report from staff relative to state and federal issues of interest, highlighting: 1) AB 2109 (Bates) - Electronic Bidding; 2) AB 2909 (Committee on Transportation) - Omnibus Transportation Bill; 3) AB 2365 (Honda) - Santa Clara Valley Transportation Authority; and 4) AB 2929 (Torlakson) - BART Buy-In.

26. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the agenda packet.

27. 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, September 7, 2000, highlighting: 1) Approved an amendment to the Fiscal Year 2001 Capitol Budget to increase the budget by $21.4 million to reflect the programming of additional funds to implement the Rapid Rail program; 2) Authorized the submittal of State grant applications for grade crossing safety projects in Burlingame and Sunnyvale; 3) Approved a Service Contract Transaction for Caltrain rolling stock; (4) Approved in concept a restructuring of the 1996 U.S. leveraged lease-leaseback; 5) Approved in concept a service contract transaction for the Caltrain right of way; 6) Approved the execution of a Cooperative Agreement/Memorandum of Understanding between the JPB and the City of San Jose regarding the design, construction and operation of the proposed Caltrain Lenzen Maintenance Facility; 7) Received a report and public comment regarding train horn noise and possible control measures; 8) Announced that the October 5, 2000, JPB meeting will be held at the San Jose Arena.

B. Capitol Corridor Joint Powers Board

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

C. Altamont Commuter Express (ACE) Joint Powers Board

Heard a report relative to issues addressed at the Altamont Commuter Express Joint Powers Board held on Monday, August 21, 2000, highlighting: 1) Receive monthly reports regarding ridership, on-time performance and expenditures; 2) Receive a report on utilization of the additional rail cars until the start of the third train service; 3) Approve a set of assumptions for the development of the ACE five-year capital and operating plan; and 4) Review the results of the April 2000 annual passenger survey.

D. Metropolitan Transportation Commission (MTC)

There was no report from the MTC.

28. 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 Project Policy Advisory Board held on Monday, August 7, 2000, highlighting: 1) The first major contract to construct the tunnel segment will be advertised in September, 2000. Final design for the railroad segment will be complete in October. Agreement with the Union Pacific Railroad is required before this segment can be advertised for bid; 2) VTA has received $15 million for the State budget and additional State Transportation Improvement funds of $5 million, which will fund construction of Vasona to the Winchester Station. Details of the complete funding plan are being worked out with Campbell; 3) The PAB received a report on urban design work for the Downtown segment. Elements of that work that will be incorporated into the Vasona Project will be a subject for the October meeting; 4) Community meetings were held with the Quail Hollow Mobile Home Park, Los Gatos Realtors and the Campbell Senior Center. A meeting is scheduled in September with the Shasta-Hanchett Neighborhood.

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

Heard a report relative to issues addressed at the Fremont-South Bay Commuter Rail Project Policy Advisory Board (PAB) held on August 16, 2000. The PAB was presented with a status report on the project, which included information on conceptual design, public outreach, the environmental compliance process, railroad negotiations, equipment procurement and the Design/Build/Operate and Maintain (DBOM) process. Staff also presented a refined project definition, along with preliminary cost estimates and potential cost saving measures. In addition, service, alignment and station options were provided based on public input that had been received to date. Preliminary staff recommendations were made for discussion purposes only that included priorities for cost saving measures, as well as those items requiring follow-up analysis and input for further resolution. The next PAB meeting is scheduled for November 15, 2000. At this meeting, the PAB may be asked to make decisions on the preliminary recommendations for the project.

Margaret Okuzumi, Peninsula Rail 2000, provided a handout to the Board Secretary regarding the use of the Alviso route which is currently used by the ACE lines.

Henry Bender, interested citizen, urged the use of the Alviso Line.

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 Policy Advisory Board Meeting (PAB) on August 30, 2000, highlighting: 1) The PAB received a status report on the Downtown/East Valley MIS, which is essentially completed, and the public outreach efforts that occurred during the months of July and August; 2) The PAB also received a report on the preliminary recommendations from the Downtown Light Rail Alignment Study. This information will be presented to the community at a public meeting on September 21, 2000, at Mother Olson's Inn/La Petite Trianon Theatre, 72 North Fifth Street, in Downtown San Jose; 3) The next PAB meeting is scheduled for 4:30 p.m. on September 28, 2000. At this meeting, the PAB will adopt final recommendations on the Downtown Light Rail Alignment Study, which will then be folded into the Downtown/East Valley Conceptual Engineering.

29. REPORT FROM THE CHAIRPERSON

Affirmed the appointment of Sandy Eakins, Alternate Board Member to MTC's 2000 San Francisco Bay Crossing Policy Committee.

B. Appointed Chairperson Alvarado and Members Valerio, Kennedy, D., and LeZotte to an Evaluation Committee to conduct annual performance evaluations for the General Manager and the General Counsel.

30. REPORT FROM THE GENERAL MANAGER

Heard a report from the General Manager regarding: 1) Employee Survey; 2) Performance and service delivery; and, 3) Job Fair at River Oaks to be held on October 21, 2000.

31. ANNOUNCEMENTS

There were no announcements.

32. CLOSED SESSION at 7:35 p.m.

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

Santa Clara County Transit District v. Arrillaga, Peerty, et al.
(Santa Clara County Superior Court Case No. CV773138-Complaint in Eminent Domain)

Conference with Real Property Negotiator
[Government Code 54956.8]

Property: (a) Railroad 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 Purchaser, VTA: Scott Buhrer, Chief Financial Officer; David Miller, Special Counsel

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

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

RECONVENE TO OPEN SESSION at 7:46 p.m.

CLOSED SESSION REPORT

There was no Closed Session Report.

ADJOURNED in memory of Tom Moore, Bicycle Advisory Committee Member representing the City of Santa Clara, to the Regular Meeting of VTA's Board of Directors scheduled for Thursday, October 5, 2000, at 6:00 p.m. in the Board of Supervisors' Chambers, County Government Center, 70 West Hedding Street, San Jose, California.