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Board of Directors Meeting

October 05, 2000

 

Summary Minutes

1. CALLED TO ORDER at 6:09 p.m.

ROLL CALL: Members Present: Alvarado, Chavez, Eakins, Gonzales, Kennedy, D., Kennedy, J., LeZotte, McHugh, McLemore (Ex-Officio), Powers, Springer, Valerio, Woody

Members Absent: Beall (Ex-Officio), Nadler

2. ORDERS OF THE DAY

Deferred Agenda Item #7., Adopt Valley Transportation Plan 2020 (VTP 2020) to the Board of Directors Meeting scheduled on December 14, 2000.

Removed Agenda Item #32., Authorize the General Manager to execute a contract with S.J. Amoroso Construction Co., Inc., the lowest responsible bidder for the Shop Building Expansion for the Guadalupe Light Rail Vehicle (LRV) Facility Expansion Project in the amount of $8,997,000. This contract is 56 percent federally funded.

Noted the memorandum from Board Member Dennis Kennedy regarding Agenda Item #34., Report on 1996 Measures A and B, which was distributed to the Board Members via fax on Tuesday, October 3, 2000.

Requested that the Board of Directors defer the vote on Agenda Item #6., Implement a bus procurement program that shifts from a low-emission diesel bus fleet to a Zero-Emission Bus (ZEB) fleet (fuel cell technology). This entails selecting an interim low-emission diesel fuel path to comply with the California Air Resources Board (CARB) regulations, exercising the existing contract options to purchase 198 additional low-emission diesel buses, and purchasing ZEBs beginning in Fiscal Year 2005 and each subsequent bus purchase. Further, during the transition to a ZEB fleet, minimize emissions through the use of low-sulfur diesel fuel and the installation of particulate filters on low-emission diesel buses. Referred to memorandum submitted by Board Members representing the City of San Jose via fax on Thursday, October 5, 2000.

Noted that the December 14, 2000 Board of Directors Meeting will be held at 9:00 a.m. to accommodate the National League of Cities’ Convention the first week in December and the Cities’ Association Holiday Gathering the evening of December 14, 2000.

Noted that the Board of Directors will adjourn in Memory of Linda Rascon, wife of Light Rail Operator Paul Rascon, and San Joaquin County Supervisor Bob Cabral.

Member McHugh took his seat at 6:12 p.m.

Requested that Agenda Item #34., Report on 1996 Measures A and B, be taken out of order and heard near the beginning of the Agenda.

Accepted Orders of the Day.

3. AWARDS AND COMMENDATIONS

A. Employees of the Month

Presented award to Jusania Meng, River Oaks Administration, as VTA Employee of the Month for September 2000.

Presented award to Judy Garcia, Chaboya Administration as VTA Employee of the Month for October 2000. Adolph Brown, North Maintenance; and Antonio Sousa, Cerone Operations,

B. Team Award for the Third Quarter 2000

Presented awards to Ken Ronsse, Michaela Sieber, Sal Duckworth-Lanzo, Steve Silveira, Ron Saxbury and Kiyo Ushino, the Downtown Mountain View Transit Center Design and Construction Team, for the Third Quarter 2000 Team Award.

C. Recognized Operator Robert Lawrence who placed second at the American Public Transportation Association’s (APTA’s) International Bus Roadeo on Saturday, September 23, 2000.

D. Adopted Resolution No. 00.10.59 recognizing October as Domestic Violence Awareness Month.

Noted the County of Santa Clara County’s Annual Conference on Friday, October 6, 2000 and Walk Against Domestic Violence at 8:30 a.m. on Friday, October 13, 2000, at San Jose City Hall.

Acknowledged that VTA received the American Public Transportation Association’s (APTA’s) prestigious First Place and Grand Prize Award in the category of Special Events, Public Relations Awareness for the Tasman West Opening Campaign. Acknowledged VTA Marketing and Customer Service Division staff for their outstanding work in the campaign.

Acknowledged VTA’s Substance Abuse Program Manager, Jackie Adams, who was honored at last week’s 100 Black Men of Silicon Valley Dinner as Public Official of the Year.

Recognized Peter M. Cipolla, General Manager, as the newly elected Vice Chairperson of APTA.

4. PUBLIC PRESENTATIONS

A. There were no public presentations.

B. Hearing – Notices 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, directed the filing of eminent domain proceedings for the acquisition of certain real property as follows:

Property ID Number/Owner/Assessors Parcel Number

1. 7605/Edward M. Dowd Trust/APN: 245-04-078 Resolution No. 00.10.60
2. 7631/Anna Chelstowski/APN: 254-29-011 Resolution No. 00.10.61 (Amended to delete the Public Service Easement for 26 square feet.)
3. 7633/Masato Yoneda, Trustee and Fusa Yoneda, Trustee/APN: 254-29-012 Resolution No. 00.10.62
4. 7642/Paul Uenaka and Norma Uenaka/APN: 592-01-020 Resolution No. 00.10.63
5. 7664/Salvador De Angelo, Trustee/APN: 592-08-002 Resolution No. 00.10.64
6. 7670/Joseph Alves, Trustee/APN: 592-08-130 Resolution No. 00.10.65
7. 7675/Roman Catholic Bishop of San Jose/APN: 484-09-004 Resolution No. 00.10.66
8. 7694/Macario M. Vargas, et al/APN: 484-16-139 (Removed from the Agenda)
9. 7713/Fariborz Nikbakhsh-Tali and Vivien Nikbakhsh-Tali/APN: 484-43-048 Resolution No. 00.10.67
10. 7758/Edward S. Rodriguez, Anthony Asaro, et al/APN: 484-23-035 Resolution No. 00.10.68

The Agenda was taken out of order.

34. REPORT ON 1996 MEASURES A and B

Directed attention to the memorandum addressed to the Board of Directors entitled Increased Board Focus on Measure B Project Implementation.

Requested that the Board of Directors Chairperson appoint an Ad-Hoc Committee for the purpose of identifying the most critical Measure A/B Projects.

Requested that staff prioritize the projects and provide a report back to the Board of Directors.

Staff advised that changing the prioritization of the projects would have to be addressed at the VTA Board of Directors and County of Santa Clara Supervisors Joint Workshop in December 2000.

5. Approved including the Fremont-South Bay Commuter Rail Project as an alternative in the Fremont-South Bay Corridor Major Investment Study/Environmental Impact Statement/Environmental Impact Report (MIS/EIS/EIR), and take no further action on this project until the MIS is completed; Adopted Resolution No. 00.10.69 authorizing the General Manager to submit an application to the California Transportation Commission (CTC) requesting an allocation of $8.0 million to conduct the Fremont-South Bay Corridor MIS/EIS/EIR, and authorize the General Manager to execute fund transfer agreements upon receipt from the CTC; and approved forwarding recommendation to defer the Fremont-South Bay Commuter Rail Project to the Santa Clara County Board of Supervisors for approval along with the request to use funding from the 1996 Measure B Transportation Improvement Program for improved express bus service in the corridor. Chairperson Alvarado abstained.

Received public comments.

6. (Deferred)
Implement a bus procurement program that shifts from a low-emission diesel bus fleet to a Zero-Emission Bus (ZEB) fleet (fuel cell technology). This entails selecting an interim low-emission diesel fuel path to comply with the California Air Resources Board (CARB) regulations, exercising the existing contract options to purchase 198 additional low-emission diesel buses, and purchasing ZEBs beginning in Fiscal Year 2005 and each subsequent bus purchase. Further, during the transition to a ZEB fleet, minimize emissions through the use of low-sulfur diesel fuel and the installation of particulate filters on low-emission diesel buses, to the December 14, 2000 Board of Directors Meeting.

Received public comments.

7. (Deferred)
Adopt Valley Transportation Plan 2020 (VTP 2020), to the December 14, 2000 Board of Directors Meeting.

CONSENT AGENDA

8. Approved the Minutes of the Special Board of Directors’ Meeting of August 29, 2000.

9. Approved the Minutes of the Regular Board of Directors’ Meeting of September 7, 2000.

ADMINISTRATION AND FINANCE COMMITTEE

10. Approved a leave of absence for Laura Michels, Committee Member for Transit Accessibility, representing Peninsula Center for the Blind and Visually Impaired through August 31, 2000.

11. Approved a leave of absence for Maureen Lonegan, Committee Member for Transit Accessibility, representing Group IV (Gilroy, Milpitas, and Morgan Hill) through November 30, 2000.

12. Approved the following appointments and re-appointments to the Citizens Advisory Committee: New Appointments: Peter Constant, representing the City of San Jose, and Diane Tripousis, representing the City of San Jose; Re-appointments: Stephen Blaylock, representing Mass Transit Users.

13. Approved the following appointments and re-appointments to the Bicycle Advisory Committee: New Appointments: Steve Aufdermeyer, representing the City of Campbell, and Ariadne Delon Scott, representing the City of Palo Alto; Re-appointments: Jim Stallman, representing the City of Saratoga.

14. Authorized the General Manager to amend the contract with Rajappan & Meyer Consulting Engineers, Inc., for final design of the Route 85/U.S. 101 (South) Interchange Project, a 1996 Measure B Transportation Improvement Program project, to include the southbound U.S. 101 to northbound Route 85 Branch Connector, increasing the approved contract by $825,000 for a new value not to exceed $5,325,000.

15. Authorized the General Manager to execute a contract with Cellular One for one year to provide cellular telephone service and equipment, with an option to extend the contract on an annual basis for three additional years. This contract shall not exceed $250,000 for the first year with an escalation rate of 3 percent for each of the next three years, for a total contract amount not to exceed $1,045,906 over the four-year period.

16. Adopted Resolution No. 00.10.70 authorizing the General Manager to execute a Fund Transfer Agreement with the California Department of Transportation (Caltrans) to receive state matching funds for the Congestion Mitigation and Air Quality (CMAQ) funded Tasman East Light Rail Project.

17. Adopted Resolution No. 00.10.71 authorizing the General Manager to submit applications for two transit projects included in AB 1740 (State Budget Bill), and authorized the General Manager to execute fund transfer agreements upon receipt from the California Department of Transportation.

18. Adopted Resolution No. 00.10.72 to revise Resolution No. 00.09.56 adopted on September 7, 2000 to reflect a revised total of $46,553,000 in FY 2000 State Transportation Improvement Program (STIP) funds for the Vasona Corridor Light Rail Project.

19. Authorized the General Manager to execute contracts with five temporary employment agencies for three years with two, one-year options to extend, in an amount not to exceed $500,000 per year. The agencies are: Crossroads Staffing Services, Superior Technical Resources, Axon Temporaries, Dunhill Staffing Systems, and Echo Design and Temporary Personnel.

20. Approved an amendment to the expert witness services Agreement with Cambridge Systematics, Inc., to add $30,000 to the total contract value, for a revised value not to exceed $280,000.

21. Approved an amendment to the litigation support agreement with The Watry Design Group for architectural and engineering services, to add $50,000 to the total contract value, for a revised value not to exceed $150,000.

22. Adopted Resolution No. 00.10.73 to reaffirm the Reimbursement Resolution No. 99.05.09 adopted by the Board of Directors on May 6, 1999, preserving the right to use bond proceeds to reimburse VTA for costs incurred for capital projects and equipment purchases, if VTA at a future date decides to issue bonds.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITEE

23. Approved 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 and the release of Measure B funds from the Vasona Light Rail project with no net loss to the Measure B program to maximize flexibility in funding future projects.

24.Approved the exemption of the SR 87 (Guadalupe)/Taylor Street (San Jose); SR 87 (Guadalupe)/Hedding Street (San Jose); SR 87 (Guadalupe)/Coleman Avenue (San Jose); and, Foothill Expressway/Page Mill Road (County) intersections from the Level of Service (LOS) Monitoring during the Year 2000 cycle.

TRANSIT PLANNING AND OPERATIONS COMMITTEE

25. Authorized the General Manager to execute a contract with Linda J. Meadow & Associates for rail safety support services in an amount not to exceed $900,000 for a contract term to January 2005.

26. Authorized the General Manager to: 1) Execute an agreement with the Santa Clara Valley Water District to define responsibilities for the operation and maintenance of the wetlands mitigation site constructed as part of the Tasman West Light Rail Project and 2) Execute a grant of easement to the Santa Clara Valley Water District for levee maintenance and flood control purposes at the wetlands mitigation site.

27. Approved the 1996 Measure B baseline scope, baseline schedule and baseline cost estimates for the Low Floor Light Rail Vehicle Project, in accordance with Article V - Project Definition of the Master Agreement with the County of Santa Clara.

28. Authorized the General Manager to execute a Cooperative Agreement and a Deed for conveyance of an easement with the City of Gilroy to transfer Monterey Road improvements from VTA’s Gilroy Caltrain Transit Center Project to the City’s Monterey Streetscape Improvement Project.

29. Authorized the General Manager to enter into a contract with Energy Control Group, L.L.C., the lowest responsible bidder, for the purchase and installation of up to 550 yield-to-bus signs at a cost not to exceed $300,000.

REGULAR AGENDA

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON’S REPORT - Kennedy, D.

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

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE
CHAIRPERSON’S REPORT – Chavez

30. Adopted the Countywide Bicycle Plan (Bicycle Element of the Valley Transportation Plan 2020).

TRANSIT PLANNING AND OPERATIONS COMMITTEE
CHAIRPERSON’S REPORT – McHugh

31. Authorized the General Manager to execute an amendment to the agreement with Booz-Allen & Hamilton, for Rail Transit Vehicle Design Services for additional engineering support and inspection services during low floor vehicle car assembly in the amount of $1,500,000, for a new contract authorization not to exceed $4,500,000 and extend the agreement through September 2003.

32. (Removed from the Agenda.)

Authorize the General Manager to execute a contract with S.J. Amoroso Construction Co., Inc., the lowest responsible bidder for the Shop Building Expansion for the Guadalupe Light Rail Vehicle (LRV) Facility Expansion Project in the amount of $8,997,000. This contract is 56 percent federally funded.

OTHER ITEMS

33. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

Requested that staff submit a resolution of support for Proposition 35, relating to Public Works Project - Use of private contractor for engineering and architectural services, for the Board of Directors to consider at the November 2, 2000 Meeting.

Referred to the memorandum sent to the Board of Directors from Board of Director Members representing the City of San Jose, subject: VTA Clean Fuel Strategy, and requested staff to complete the attached eight questions.

35. LEGISLATIVE REPORT

There was no Legislative Report.

36. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the agenda packet.

37. REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS (Verbal Report)

A. Peninsula Corridor Joint Powers Board

Heard a report relative to issues addressed at the Peninsula Corridor Joint Powers Board Meeting on Thursday, October 5, 2000, highlighting: 1) approved the filing of applications for grants totaling nearly $40 million; 2) received a report on the proposed Dumbarton Commute Rail Service and requested that staff return in February, 2001 to consider San Mateo County Transportation Authority’s request for the JPB to affirm its willingness to be the operator of the service; 3) approved an extension to the Amtrak operating contract through June 30, 2001; 4) received a status report on JPB efforts to address train whistle warnings and the related noise along the right of way; and, 5) the JPB has received the FTA’s approval for the purchase of the Lenzen property and anticipate closing the real estate transaction on October 12, 2000.

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 ACE Joint Powers Board Meeting on Monday, September 18, 2000, highlighting: 1) received monthly reports regarding ridership, on-time performance and expenditures; 2) received a report on expenditures for rail car brake rotors and bi-level truck assemblies, equipment necessary for upcoming required train maintenance; 3) received reports on the approval of contracts for state and federal advocacy services and an agreement with Atlas Security Services for off-site ticket sales at the Santa Clara Great America Station and for security services at the San Jose Layover facility; 4) approved a Draft Short Range Transit Plan; 5) approved a Resolution requesting that the Peninsula Corridor Joint Powers Board (PCJPB) grant track access rights to the ACE Authority to operate ACE trains on Caltrain tracks between the Santa Clara Caltrain and the San Jose Diridon stations; and, 6) affirmed an agreement to exercise the first one-year extension to the Equipment Lease Agreement with the Tri-County Commuter Rail Authority for the continued use of three Tri-Rail cars.

D. Metropolitan Transportation Commission (MTC)

Heard a report relative to the issues addressed at the MTC Meeting on Wednesday, September 27, 2000, highlighting: 1) retirement of Executive Director, Larry Dahms, effective December 2000; 2) approval of the Regional Airport System Plan (RASP) Study of the airports and forwarded to the Bay Conservation & Development Commission (BCDC); 3) first meeting of the San Francisco Bay Crossing Committee to be held next week; and, 4) will be reviewing potential crossings of the San Francisco Bay as well as the Dumbarton crossing.

38. 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 Policy Advisory Board Meeting on Thursday, October 5, 2000, highlighting: 1) received a project status report from staff that indicated Tasman East is scheduled to open service to I-880 in May 2001. Also, construction of the aerial guideway in Milpitas began in September; 2) the Capitol Light Rail Project is nearing completion of final design and work on utility relocation and undergrounding power and telephone lines is starting; 3) Real estate acquisition is nearing completion for Tasman East. On the Capitol Project a total of 85 real estate offers have been made by VTA. To date, approximately 35% of the offers have been accepted; and, 4) finally, received a staff report on Community Outreach Activities. The next Public Information Workshop has been scheduled for October 24, from 6-8 p.m.

B. Vasona Light Rail Policy Advisory Board

Heard a report relative to issues addressed at the Vasona Light Rail Project Policy Advisory Board Meeting on Monday, October 2, 2000, highlighting: 1) received a report on the project status. Bids for the tunnel construction will be received on October 24, 2000, and a recommendation for selection of a contractor is scheduled for the December Board meeting. Two major outstanding issues are the negotiations with the Union Pacific Railroad to acquire the right of way, and review of street crossings by the California Public Utilities Commission; 2) received a report on the project budget’s impact on the Hamilton Avenue Station. The PAB expressed support for including the Hamilton Station in the Project and requested to be updated on Project budget revisions that will be discussed with the County; 3) received a presentation on changes to the Bascom Station. The San Jose Redevelopment Agency has requested the station be moved to better interface with a Transit Oriented Development being planned; and, 4) viewed and commented on graphics depicting aesthetic design features in the downtown portion of the Project.

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 Policy Advisory Board (PAB) Meeting on Thursday, September 28, 2000, highlighting: 1) the PAB received a status report on Downtown/East Valley Conceptual Engineering, which is the next step towards implementation of the Downtown/East Valley Plan; 2)VTA has issued a Request for Proposals (RFP) for the Conceptual Engineering work, and anticipate bringing a consultant contract to the VTA Board for approval in the November/December timeframe; 3) the PAB also received a report on the Downtown Light Rail Alignment Study and approved the staff recommendations, which will be considered by the VTA Board next month; and, 4) the next PAB meeting date is to be determined.

39. A. REPORT FROM THE CHAIRPERSON

There was no report from the Chairperson.

B. Chairperson Alvarado appointed herself and Members Woody and Lucas as the Nominating Committee for the election of Chairperson and Vice Chairperson for the 2001 Board of Directors. Noted that the Committee will meet in October 2000 and will report back to the Board of Directors at the November 3, 2000 Meeting.

Member Gonzales submitted a letter to the Board Secretary indicating his interest in becoming Vice Chairperson for the 2001 Board of Directors and requested that the Nominating Committee consider his interest in becoming Vice Chairperson for the 2001 Board of Directors.

40. REPORT FROM THE GENERAL MANAGER

Heard a report, highlighting: 1) overall ridership is up four percent this year; 2) light rail ridership is up 35%; 3) Tasman West Light Rail ridership is approximately 6,500 riders per day; 4) shortage of staffing; and, 5) October 21, 2000 VTA Job Fair, to be held at 3331 North First Street, 9:00 a.m. to 3:00 p.m.

41. ANNOUNCEMENTS

Announced the addition of a Closed Session Item to discuss the ATU v. VTA, Case No. CV772703 and HO19680.

42. CLOSED SESSION at 8:02 p.m.

Member Gonzales left the meeting at 8:04 p.m.
Member Powers left the meeting at 8:05 p.m.
Ex-Officio McLemore left the meeting at 8:07 p.m.

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

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

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

Santa Clara County Transit District v. Kunde, et al. (Santa Clara County Superior Court Case No. CV785224--Complaint in Eminent Domain)

C. Conference with Labor Negotiators
[Government Code Section 54957.6]

Employee Organization:
Amalgamated Transit Union (ATU)

Agency Designated Representatives:
Kaye Evleth, Director of Human Resources
Frank T. Martin, Director of Operations
Candice Gonzalez, Manager, Office of Civil Rights

D. Public Employee Performance Evaluation
[Government Code Section 54957]

Title: General Manager
Title: General Counsel

RECONVENE TO OPEN SESSION at 8:37 p.m.

43. CLOSED SESSION REPORT

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

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

There was no reportable action taken during Closed Session.

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

Santa Clara County Transit District v. Kunde, et al. (Santa Clara County Superior Court Case No. CV785224--Complaint in Eminent Domain)

There was no reportable action taken during Closed Session.

C. Conference with Labor Negotiators
[Government Code Section 54957.6]

Employee Organization:
Amalgamated Transit Union (ATU)

Agency Designated Representatives:
Kaye Evleth, Director of Human Resources
Frank T. Martin, Director of Operations
Candice Gonzalez, Manager, Office of Civil Rights

There was no reportable action taken during Closed Session.

D. Public Employee Performance Evaluation
[Government Code Section 54957]

Title: General Manager
Title: General Counsel

THERE WAS NO REPORTABLE ACTION TAKEN DURING CLOSED SESSION.

ADJOURNED in Memory of Linda Rascon, wife of Light Rail Operator Paul Rascon, and San Joaquin County Supervisor Bob Cabral, at 8:38 p.m. to the Regular Meeting of the Board of Directors scheduled for Thursday, November 2, 2000, at 6:00 p.m. in the Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, San Jose, California.