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Board of Directors Meeting

November 02, 2000

 

Summary Minutes

CALLED TO ORDER at 6:14 p.m.

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

Members Absent: Alvarado, Beall (Ex-Officio), Eakins, Gonzales, Nadler

2. ORDERS OF THE DAY

There were no Orders of the Day.

3. AWARDS AND COMMENDATIONS

A. Employees of the Month

Presented award to Michael Macarelli, Guadalupe Operations, as VTA Employee of the Month for November 2000. Marci McClure, River Oaks Administration, and Yolanda Sanchez, Cerone Maintenance, were unable to attend.

B. Adopted Resolution of Commendation No. 00.11.74 recognizing Ralph A. Qualls, Jr. for his accomplishments and public service to the City of San Jose.

Member Noe took her seat at 6:18 p.m.

4. PUBLIC PRESENTATIONS

A. Larry Bloomfield addressed the Board of Directors regarding bus service and accessibility.

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 and Vasona Light Rail Projects, 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. 7612/Margaret Ma Tam, et al/APN: 591-28-008 Resolution No. 00.11.75
2. 7652/Anthony Traina and Marie Traina, Trustee/APN: 592-06-020, 592-06-019 Resolution No. 00.11.76
3. 7656/Li Lin/APN: 592-07-018 Resolution No. 00.11.77
4. 7661/Florence Merlino and Genevieve Merlina Trustee/APN: 254-06-021 Resolution No. 00.11.78
5. 7683/Capitol Manor, Inc./APN: 484-05-059 Resolution No. 00.11.79
6. 7684/260 North Capitol Avenue Apartments/APN: 484-10-049 Resolution No. 00.11.80
7. 7695/Thanh Nguyen and Minh Nguyen/APN: 484-45-001 Resolution No. 00.11.81
8. 7710/Lucy Picollo, Trustee/APN: 484-20-010 Resolution No. 00.11.82
9. 7712, 7730, 7732/Dorothy Porfido/APN: 484-20-011, 484-20-025, 484-20-031 Resolution No. 00.11.83
10. 7719/Habibollah, Zakerani/APN: 484-45-116 Resolution No. 00.11.84
11. 7734/Henry Ho and Be Thi Ho/APN: 484-20-030 Resolution No. 00.11.85
12. 7736/ Nola Kendall, Trustee/APN: 484-20-029 Resolution No. 00.11.86
13. 7739/Jum Shuhtai and Yuli Chou/APN: 484-43-108 Resolution No. 00.11.87
14. 7740/Wen Lu and Chen Jean Lu/APN: 484-20-027 (SETTLED)
15. 7741, 7743/Lakeshore Investors LLC/APN: 484-43-116, 484-43-109 (SETTLED)
16. 7691, 7693/ROEM Development/APN: 484-44-003, 484-44-011, 484-44-012, 484-44-057 (Moved to December.)

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

Property ID Number/Owner/Assessors Parcel Number
1. V013/Tony Casho, Trustee/APN: 259-38-014 Resolution No. 00.11.88
2. V014/John R. Perry and Brenda Perry/APN: 259-38-012 and 259-38-013 Resolution No. 00.11.89
3. V015/Carolyn H. Starbird, Trustee/APN: 259-38-022, 259-38-023 and 259-38-024 Resolution No. 00.11.90

CONSENT AGENDA

Removed the following items from the Consent Agenda and placed on the Regular Agenda for discussion: Agenda Item #5., Minutes of the Regular Board of Directors’ Meeting of October 5, 2000; Agenda Item #11., Authorize the General Manager to amend the contract with BrightStar Inc. for SAP support to add $1,400,000 for a new not to exceed contract amount of $2,550,000; amend the contract for Modis Idea Integration Inc. for SAP support to add $1,400,000 for a new not to exceed contract amount of $1,400,000; authorize the General Manager to expend up to an additional $4,050,000 for general ISG consulting and support services, as needed, among BrightStar Inc., Modis Inc., Hall Kinion, Systems Consulting Consortium, Transnational Computer Technology, Compaq, F1, Playatec, and Prosource XL; and, augment the Fiscal Year 2000-2001 operating budget by $7,265,000 to cover anticipated expenditures for these contracts through June 20, 2001; and Agenda Item #15., Approve the recommendations of the Downtown Light Rail Alignment Study. The three specific recommendations are: 1) move forward into conceptual engineering with two light rail alignment alternatives in downtown San Jose; 2) implement enhanced bus service in the near-term; and, 3) advance the concept of a Transit Streets Program.

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

Approve the Minutes of the Regular Board of Directors’ Meeting of October 5, 2000.

ADMINISTRATION AND FINANCE COMMITTEE

6. Approved the recommended appointments and re-appointments to the Bicycle Advisory Committee.

7. Authorized the General Manager to enter into an agreement with Trapeze Software Group for an upgrade of Valley Transportation Authority’s (VTA) scheduling and runcutting software for an amount not to exceed $650,000.

8. Authorized the General Manager to implement the following changes to the benefits program for employees represented by SEIU – 715, CEMA, TAEA, and non-represented employees and revise the necessary documents to implement them: 1) add a $5,000 monthly maximum benefit option to the Voluntary (optional, employee paid) Long Term Disability Plan; 2) terminate the existing Voluntary Life Insurance Program and offer a Voluntary (optional, employee paid) Life Insurance Program that provides life insurance in increments of $10,000 to a maximum of $120,000; 3) offer employees the option to contribute to a Health Care Flexible Spending Account with a maximum contribution of $2,000/year and a minimum contribution of $10/pay period; and, 4) provide a reimbursement of 50% of the lowest single medical premium for employees (with other coverage) who waive medical coverage.

9. Authorized the General Manager to execute service agreements for Financial Advisory Services with the following firms: 1) Peter J. Ross, Inc.; 2) Macquarie Corp. Finance; 3) Milliman & Robertson, Inc. (actuarial services only); 4) Schiff Consulting Group; 5) Booz Allen & Hamilton; and, 6) Public Financial Management. Each contract shall be for a one-year period with an aggregate value not to exceed $500,000 for all five agreements. Further authorize the General Manager to extend each contract on an annual basis for up to a maximum of five years and for an aggregate amount as budgeted for each extension year for financial advisory services.

10. Adopted Resolution No. 00.11.91 authorizing the General Manager to borrow funds from the California Transit Finance Authority (CTFA) in an approximate amount of $37 million, but in no event more than $40 million, to reimburse VTA for certain capital expenditures.

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

Authorize the General Manager to amend the contract with BrightStar Inc. for SAP support to add $1,400,000 for a new not to exceed contract amount of $2,550,000; amend the contract for Modis Idea Integration Inc. for SAP support to add $1,400,000 for a new not to exceed contract amount of $1,400,000; authorize the General Manager to expend up to an additional $4,050,000 for general ISG consulting and support services, as needed, among BrightStar Inc., Modis Inc., Hall Kinion, Systems Consulting Consortium, Transnational Computer Technology, Compaq, F1, Playatec, and Prosource XL; and, augment the Fiscal Year 2000-2001 operating budget by $7,265,000 to cover anticipated expenditures for these contracts through June 20, 2001.

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

12. Authorized the General Manager to execute an amendment to the Tasman West Light Rail Project Cooperative Agreement with the Peninsula Corridor Joint Powers Board for an amount not to exceed $700,000 in order to close-out remaining construction and administrative support costs. The final amendment will increase the total agreement value to an amount not to exceed $5,100,000.

13. Authorized the General Manager to execute a Cooperative Agreement with the City of Milpitas for the construction of the Tasman East Light Rail Project in the City of Milpitas.

14. Authorized the General Manager to execute additional contracts to supplement the existing list for on-call General Planning Support Services, as needed, with the following firms: STV, Inc., Ken Kay Associates, and EDAW, Inc. Each contract will be for an initial three-year period, with options for two successive one-year extensions. In addition, authorized an increase of $1.5 million to the original total amount of $2.5 million, approved by the Board of Directors in May 1999, for all general planning support services contracts.

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

Approve the recommendations of the Downtown Light Rail Alignment Study. The three specific recommendations are: 1) move forward into conceptual engineering with two light rail alignment alternatives in downtown San Jose; 2) implement enhanced bus service in the near-term; and, 3) advance the concept of a Transit Streets Program.

16. Authorized the General Manager to execute an amendment to the contract with the Macro Corporation for consulting and engineering services for the Advanced Communications System increasing the approved contract amount by $530,000 for a new contract value not to exceed $2,008,000; and extending the contract term from October 1, 2001 through August 2002. Further, authorized the General Manager to continue to have authority to amend this contract up to $100,000.

REGULAR AGENDA

5. Approved the Minutes of the Regular Board of Directors’ Meeting of October 5, 2000, as amended.

Requested that the October 5, 2000 Minutes, Page 18 of 23, Agenda Item #33., Items of Concern and Referral to Administration, more thoroughly reflect her comments at the meeting.

11. Authorized the General Manager to amend the contract with BrightStar Inc. for SAP support to add $1,400,000 for a new not to exceed contract amount of $2,550,000; amend the contract for Modis Idea Integration Inc. for SAP support to add $1,400,000 for a new not to exceed contract amount of $1,400,000; authorized the General Manager to expend up to an additional $4,050,000 for general ISG consulting and support services, as needed, among BrightStar Inc., Modis Inc., Hall Kinion, Systems Consulting Consortium, Transnational Computer Technology, Compaq, F1, Playatec, and Prosource XL; and, augment the Fiscal Year 2000-2001 operating budget by $7,265,000 to cover anticipated expenditures for these contracts through June 20, 2001.

Requested that the Board of Directors be provided with updates on staffing demands, service delivery and the expense.

15. Approved the recommendations of the Downtown Light Rail Alignment Study. The three specific recommendations are: 1) move forward into conceptual engineering with two light rail alignment alternatives in downtown San Jose; 2) implement enhanced bus service in the near-term; and, 3) advance the concept of a Transit Streets Program.

Requested clarification of the recommendations.

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON’S REPORT - Lucas

17. Approved and recommended that the Santa Clara County Board of Supervisors modify the annual update of the Measure B Transportation Program Revenue and Expenditure Plan to increase the Community Oriented Design Enhancements (CODE) budget on highway projects from 1.5% to 2% of construction costs. This recommendation would increase the Highway Project CODE budget from $4.6 million to $6.2 million, and the total CODE Program budget from $12.1 million to $13.7 million.

18. Authorized the General Manager to execute a contract with Wattis Construction Company, Inc., the lowest responsive bidder, in the amount of $178,990 for construction of the San Tomas Expressway Modification project, a portion of the 1996 Measure B Transportation Improvement Program project for improving Highway 17.

19. Approved the FY 2001-02 Budget Assumptions.

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

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


TRANSIT PLANNING AND OPERATIONS COMMITTEE
CHAIRPERSON’S REPORT – McHugh

There were no items submitted for the Regular Agenda by Transit Planning and Operations Committee.

Commended VTA staff for outreach efforts on VTP 2020.

OTHER ITEMS

20. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

Adopted on a vote of 7 ayes to 1 noes to 1 abstention a support position for Proposition 35, relating to the use of private contractors for engineering and architectural services for public works projects. Member Chavez opposed and Member LeZotte abstained.

21. REPORT ON 1996 MEASURES A and B

Heard a report relative to the upcoming VTA and Santa Clara County Board of Supervisors’ Joint Workshop scheduled for Friday, December 15, 2000.

Approved the formation of three Highway Program Policy Advisory Boards.

Complimented staff on efforts to coordinate the policy advisory boards

Expressed concern regarding the first meeting being held February 1, 2001.

Requested the first meeting be held prior to February 1, 2001.

22. LEGISLATIVE REPORT

There was no Legislative Report.

23. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the agenda packet.

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

A. Peninsula Corridor JPB

Heard a report relative to issues addressed at the Peninsula Corridor JPB Meeting on Thursday, November 2, 2000, highlighting: 1) approval of an amendment to the JPB Operating Budget to incorporate the VTA-funded Caltrain to Gilroy Weekend Demonstration service from November 18, 2000 to February 25, 2001; 2) authorization of the filing of a $4.97 million application and an allocation request from the Governor’s Traffic Congestion Relief Program for the Caltrain Express Project; 3) receipt of the Quarterly Status Reports regarding the Caltrain Capital Program, Rapid Rail Program, Caltrain electrification and San Francisco Downtown Extension; 4) approval of a 12-month extension of Caltrain’s participation in the VTA EcoPass Program, including the adjustment of the EcoPass Caltrain pricing structure; and, 5) agreement to reschedule the December JPB meet to Monday, December 18, 2000, at 10:00 a.m.

Member D. Kennedy left the meeting at 7:05 p.m. and Member Springer represented Group 4 for the remainder of the meeting.

B. Capitol Corridor JPB

There was no report from the Capitol Corridor JPB.

C. Altamont Commuter Express (ACE) JPB

There was no report from the ACE JPB.

D. Metropolitan Transportation Commission (MTC)

Announced that VTA received an award for the Outreach Program.

Heard a report relative to the issues addressed at the MTC Meeting on Wednesday, October 25, 2000, highlighting: 1) confirmation of the appointment of Steve Heminger as executive director of MTC; 2) addition of the San Francisco Car sharing Project and the BART’s Oakland Airport Connector Study to MTC’s Strategic Plan and Overall Work Program for transportation planning activities in the nine-county San Francisco Bay Area; 3) passage of a resolution endorsing the efforts of the Bay Area Sports Organizing Committee to bring the 2012 Summer Olympic Games to the Bay Area; 4) award of a three-year contract to Mundle and Associates, Inc. to conduct performance audits of Bay Area Transit Operators and MTC.; and, 5) passage of a resolution adopting the Fiscal Years 2000/01 – 2003/04 Regional Transportation Improvement Program (RTIP) Augmentation for the San Francisco Bay Area for submission to the California Transportation Commission.

25. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A. Tasman/Capitol Light Rail PAB

There was no report from the Tasman/Capitol Light Rail PAB.

B. Vasona Light Rail PAB

There was no report from the Vasona Light Rail PAB.

C. Fremont/South Bay Commuter Rail Project PAB

There was no report from the Fremont/South Bay Commuter Rail Project PAB.

D. Caltrain PAB

There was no report from the Caltrain PAB.

E. Downtown/East Valley Policy Advisory Board

There was no report from the Downtown/East Valley PAB.

26. REPORT FROM THE NOMINATING COMMITTEE

Read into the record a statement dated November 1, 2000, from Chairperson Alvarado requesting the deferral of election of the incoming Chair and Vice Chair to the December 14, 2000 meeting.

27. REPORT FROM THE CHAIRPERSON

Encouraged everyone to get out and vote on Tuesday, November 7, 2000, Election Day.

28. REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.

29. ANNOUNCEMENTS

Announced that the December Board Meeting will be held on December 14, 2000, at 9:00 a.m. in the County Board of Supervisors Chambers, County Government Center, 70 West Hedding Street, San Jose, California.

Announced the Joint Meeting with the Board of Supervisors on December 15, 2000, from 9:00 a.m. to Noon at the San Jose Hyatt on First Street, San Jose, California.

30. CLOSED SESSION at 7:10 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)]

Amoit vs. Santa Clara Valley Transportation Authority
(Santa Clara County Superior Court Case No. DC-97351439)

C. Conference with Real Property Negotiator
[Government Code 54956.8]

Property: Three parcels owned by the Union Pacific Railroad (UPRR). Parcel V039 is a portion of Cahill Street located between San Fernando Street and the former Crandall Street. Parcels V020 and V022 are located on each side of San Fernando Street adjacent to the Caltrain yard and westerly of the Diridon Station

Negotiators for Purchaser, VTA: Scott Buhrer, Chief Financial Officer; James E. Pierson, Planning Development Director; Ron Pang, Sr. Real Estate Agent

Negotiator for Seller, Union Pacific Railroad: Richard Gooch, Director of Special Properties

D. 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

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

Title: General Manager
Title: General Counsel

RECONVENED TO OPEN SESSION at 8:05 p.m.

31. 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)]

Amoit vs. Santa Clara Valley Transportation Authority
(Santa Clara County Superior Court Case No. DC-97351439)

There was no reportable action taken during Closed Session.

C. Conference with Real Property Negotiator
[Government Code 54956.8]

Property: Three parcels owned by the Union Pacific Railroad (UPRR). Parcel V039 is a portion of Cahill Street located between San Fernando Street and the former Crandall Street. Parcels V020 and V022 are located on each side of San Fernando Street adjacent to the Caltrain yard and westerly of the Diridon Station

Negotiators for Purchaser, VTA: Scott Buhrer, Chief Financial Officer; James E. Pierson, Planning Development Director; Ron Pang, Sr. Real Estate Agent

Negotiator for Seller, Union Pacific Railroad: Richard Gooch, Director of Special Properties

There was no reportable action taken during Closed Session.

D. 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.

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

Title: General Manager
Title: General Counsel

There was no reportable action taken during Closed Session.

ADJOURNED at 8:06 p.m. to the Regular Meeting of the Board of Directors scheduled for Thursday, December 14, 2000, at 9:00 a.m. in the Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, San Jose, California.