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

Board of Directors Meeting

February 03, 2000

 

Summary Minutes

1. CALLED TO ORDER at 6:10 p.m.

ROLL CALL:

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

Members Absent: Nadler


2. ORDERS OF THE DAY

Add Agenda Item # 20.X., Amend the 1996 Measure A Caltrain Plan to include a goal of increasing Caltrain
Service levels between San Jose and San Francisco to 86-weekday trains by no later than 2006, and commit to
working with the Peninsula Corridor Joint Powers Board (PCJPB) in good faith to achieve this goal.

Remove Agenda Item # 10., Approve FY 1999-2000 Revised Operating and Capital Budgets from the Consent
Agenda and hear it under the Administration and Finance Committee report immediately following item #17.

Removed Item #14., Authorize the General Manager to execute a three-year Amendment to the South Bay Transit
Associates program controls and construction management services Agreement for the 1996 Measure B
Transportation Improvement Program, increasing the approved contract amount by $33,000,000 for a new value
not to exceed $38,200,000.

Accepted Orders of the Day.

3. AWARDS AND COMMENDATIONS

A. Employees of the Month

Presented awards to Ronald Anderson, Cerone Maintenance; Robert Joyce, Chaboya Operations; and Olga Perez,
River Oaks Warranty Administration, as VTA's Employees of the Month for February 2000.

B. Five-Year Service Awards

Presented Five-Year Service Awards to Board Members Matthews, Woody, Powers and Nadler to recognize five
years of service on the VTA Board of Directors.

4. PUBLIC PRESENTATIONS

Nan Vaughn, Claudia Shope, Linda LeZotte and Betsy Bryant, interested citizens, addressed the Board regarding
their concern over VTA's decision to remove Breast Cancer Ads from Bus Shelters, and inquired regarding the
process leading to the decision.

Directed staff to present VTA's advertising guidelines for review at the February 25, 2000 Administration and
Finance Committee.

Gloria Mclain, representing the Coalition to Stop The Capital Corridor Light Rail, requested a stay on the vote to
accept the Environmental Impact Report scheduled for the March 2, 20000 Board of Directors Meeting to the April
6, 2000 Board Meeting.

Directed staff to work closely with the community to resolve any outstanding issues.

Marilynn Smith, SEIU Local 715, John Harris, Bruce M. Stevens and Javier Salcedo, VTA Employees, expressed
concern regarding the inadequacy of VTA's new timekeeping system and severely impacted paychecks.

Directed staff to provide a brief explanation of the timekeeping system under Item # 10., Mid Year Budget Review.

Robert Karlak, Founding Member of the Freeway Noise Abatement Committee of Saratoga, expressed concern
regarding Section K of the Route 85 Noise Mitigation and VTA's December 1999 Summary Executive Report and
queried as follows: 1) what are the topics under discussion with Caltrans; 2) are there scheduled meetings for the
discussions and are the meetings open to the public; 3) can efforts to begin mitigation begin sooner than on July 2,
2001; and, 4) why was resurfacing of the offending pavement not included in paragraph two of that section.

Requested staff to respond to Mr. Karlak's, concerns with a copy to the Board of Directors and Member Lucas.

Steve McLean, ATU Business Agent, expressed concern regarding the large number of employees who are being
impacted by the newly installed timekeeping system.

Upon query by Member Chavez, Peter Cipolla, General Manager, advised the Board that staff is currently
addressing issues relating to the timekeeping system and its impact on VTA employees and will continue to update
the Board of Directors.

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

Hwa Luh, property owner, expressed concern regarding the necessity to take the property.

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

Kimberly Strickland, Silicon Valley Coordinator for the Bay Area Transportation and Land Use Coalition, addressed
the Board in support of the Transit Center and encouraged VTA look into underground parking.

Closed hearing and adopted 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:

1) CT917/Hwa Luh and Shirley Luh/APN: 841-13-002
Resolution No. 00.02.16

C. Hearing- Notice of Intention to Adopt a Resolution of Necessity - Tasman East Light Rail Project (Autumnvale
Drive-Hostetter Road)

David Kwo, property owner, Parcel No. 7124, requested the Board investigate an alternate site noting concern for
his elderly mother who resides on the property.

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

1) 5246/Armand Kunde and Joan Kunde/APN: 92-07-006 (SETTLED)
2) 7110/Thang Ha Ngo and Thu Hang Ngo/APN: 589-27-113
Resolution No. 00.02.17
3) 7124/David Da Wei Kuo and Amy Min Wheeyan Kuo/
APN: 589-12-019 Resolution No. 00.02.18
4) 7150/Tuan Quoc Hoang and Can Thi Ngo/APN: 245-02-052
Resolution No. 00.02.19

D. Received a presentation from the California Air Resources Board (CARB), California Transit Association (CTA),
Metropolitan Transportation Commission (MTC), and VTA regarding clean fuels.

Member Gonzales left the meeting at 7:30 p.m.
Alternate Member LeZotte assumed the seat.

Jim Larson, representing PG&E's Clean Air Transportation Group encouraged the Board to implement a natural
gas program.

David Dias, American Lung Association of Santa Clara and San Benito Counties expressed opposition to diesel fuel
use in VTA Buses.

Spence Erickson, of PG&E, Randy Attaway, representing the Bay Area Air Quality Management District Board of
Directors, and Steve Soriano, interested citizen, encouraged the use of natural gas vehicles.

Jim Stallman, interested citizen, expressed opposition to the use of diesel fuel.

Bruce M. Stevens, interested citizen, encouraged a gradual move to clean fuels citing VTA's previous experience
with propane-fueled buses.

CONSENT AGENDA

Requested correction to the Minutes of January 6, 2000 to reflect the absence of Chairperson Alvarado.

Requested Agenda Item #10., Approve FY 1999-2000 Revised Operating and Capital Budgets be placed on the
Consent Agenda due to time constraints.

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

ADMINISTRATION AND FINANCE COMMITTEE

6. Authorized the General Manager to execute an amendment to an agreement with Management and Personnel
Systems (MPS) for $180,000. This will increase the total contract amount to $140,000 for the current year and
$140,000 for the second year of this agreement for a total amount not to exceed $280,000 for the two year period.

7. Authorized the General Manager to execute an Easement Relocation Agreement with PG&E for an easement at
the Cerone Operating Division.

8. Authorized the General Manager to execute a contract with NuStats Research & Consulting to conduct the Year
2000 VTA On-Board Passenger Survey in an amount not to exceed $150,000 and approved performance-based
options two additional future surveys. The budget for future surveys would not exceed the above amount, adjusted
for the annual percent increase in the Consumer Price Index (CPI).

9. Authorized the General Manager to execute a contract with Nanospace, Inc. to enhance and maintain VTA's
Worldwide Web-site in an amount not to exceed $260,000.

10. Approved FY 1999-2000 Revised Operating and Capital Budgets from the Consent Agenda to be heard under
the Administration and Finance Committee Report immediately following item # 17.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITEE

There were no items submitted for the Consent Agenda by the Congestion Management Program and Planning
Committee.

TRANSIT PLANNING AND OPERATIONS COMMITTEE

11. Authorized the General Manager to amend the contract with Valley Crest Landscaping, Inc., in the amount of
$1,035,000 for additional commercial and private property restoration, local municipality requirements, and
corrective work, for a revised contract amount of $3,731,067. The Tasman West Light Rail Project is 75% federally
funded.

12. Authorized the General Manager to execute a contract with the lowest responsive and responsible bidder for the
Guadalupe Light Rail Communications System retrofit project. This project is 25% federally funded.

13. Authorized the General Manager to execute a three-year Amendment to the Kaiser Engineers, Inc., Engineering
Support Consultant (ESC) Agreement for the 1996 Measure B Transportation Improvement Program and
Guadalupe Light Rail improvements, increasing the approved contract amount by $6,000,000 for a new value not
to exceed $7,200,000.

14. Removed Item # 14, Authorize the General Manager to execute a three-year Amendment to the South Bay
Transit Associates program controls and construction management services Agreement for the 1996 Measure B
Transportation Improvement Program, increasing the approved contract amount by $33,000,000 for a new value
not to exceed $38,200,000.

15. Authorized the General Manager to execute amendments to the contracts for real estate appraisal services as
needed with the following firms: Appraisal Research Corporation; Arthur Gimmy International; Carneghi-Bautovich
& Partners, Inc.; Diaz, Diaz & Boyd, Inc.; Hulberg & Associates, Inc.; Lefmann Associates; The Reitman Group;
and Smith & Associates, removing the current ceiling of $200,000 per contract and increasing the current total
contract amount of $1,600,000 to $3,110,000; and further, execute amendments to the contracts with real estate
review appraisers, Henry Spoto, Jr.; Thomas Ryland and Wallace Crothers, increasing the current total contract
amount of $300,000 to $525,000. These amendments will increase the current total contract authorization for
appraisal and appraisal review services from $1,900,000 to a new total not to exceed $3,650,000 for all eleven
contracts. The term will remain five years for each contract.

REGULAR AGENDA

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON'S REPORT - Woody

14. Approved Authorized the General Manager to execute a three-year Amendment to the South Bay Transit
Associates program controls and construction management services Agreement for the 1996 Measure B
Transportation Improvement Program, increasing the approved contract amount by $33,000,000 for a new value
not to exceed $38,200,000.

Requested an item be agendized for the Administration and Finance Committee to discuss the possibility of a third
party review of major contracts to be part of the Contract Procurement Procedure.

16. Authorized the General Manager to execute the Agreement with the Santa Clara County Board of Supervisors
for the implementation of the 1996 Measure B Transportation Improvement Plan.

17. Authorized the General Manager to: 1) Initiate steps for implementing a Japanese Operating Lease transaction
(JOL transaction) for VTA's buses, provided that; a) VTA receives a net benefit of $1.5 million; b) VTA does not
become obligated to pay costs in excess of $50,000 in the event that a transaction cannot be closed for any reason;
c) in the opinion of VTA staff, the risks of such a transaction are similar and proportionate to the leveraged lease
transaction that VTA executed on September 24, 1998, with respect to its light rail vehicles and are not in excess of
the benefit received; and, d) final documents are presented to the Board for approval prior to executing the
transaction. 2) Select, with the advice of VTA's financial advisors, the necessary financing participants to implement
a JOL Transaction on a negotiated basis with qualified parties.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE
CHAIRPERSON'S REPORT

18. Adopted the Second Cycle Transportation Equity Act for the 21st Century (TEA-21) Corridor Management
Program for submission to the Metropolitan Transportation Commission for final approval.

Reported that the Congestion Management Program and Planning Committee elected Member Noe as the
Committee Vice Chairperson for 2000.

Requested staff schedule a Workshop to present the Criteria laid out by MTC.

19. Deferred the Commute Service Study Presentation to a subsequent meeting.

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.

OTHER ITEMS

20.X. Amended the 1996 Measure A Caltrain Plan to include a goal of increasing Caltrain service levels between
San Jose and San Francisco to 86-weekday trains by no later than 2006, and commit to working with the Peninsula
Corridor Joint Powers Board (PCJPB) in good faith to achieve this goal.

Deferred the remainder of the Agenda to a subsequent meeting.

20. REPORT ON 1996 MEASURES A and B

21. LEGISLATIVE REPORT

22. REPORTS FROM ADVISORY COMMITTEES

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

A. Peninsula Corridor JPB

B. Capitol Corridor JPB

C. Altamont Commuter Express (ACE) JPB

D. Metropolitan Transportation Commission (MTC)

24. REPORTS FROM VTA POLICY ADVISORY BOARDS

A. Capitol Light Rail Policy Advisory Board

B. Tasman/Vasona Light Rail Policy Advisory Board

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

D. Caltrain Policy Advisory Board

E. Downtown/East Valley Policy Advisory Board

25. REPORT FROM THE CHAIRPERSON

26. REPORT FROM THE GENERAL MANAGER

27. ANNOUNCEMENTS

28. CLOSED SESSION

ADJOURNED to the Regular Meeting of VTA's Board of Directors scheduled for Thursday, March 2, 2000, at
6:00 p.m. in the Board of Supervisors' Chambers, County Government Center, 70 West Hedding Street, San Jose,
California.