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Board of Directors Meeting

December 14, 2000

 

Summary Minutes


1. CALLED TO ORDER at 9:03 a.m.

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

Members Absent: None

2. ORDERS OF THE DAY

Noted duplication of Agenda Items #21. And #31 and considered Agenda Item #21., Approve the indicated projects as the 1996 Measure B Transportation Improvement Program Route 152 Project and forward the list to the Santa Clara County Board of Supervisors for approval; and direct the General Manager to execute the necessary agreements with the City of Gilroy for implementation of the project segments that are to be jointly funded with the City of Gilroy and as Agenda Item #31.

Considered Agenda Item # 40., Accept the Nominating Committee Report recommending the following slate of officers for the 2001 Board of Directors: Chairperson, Manuel Valerio; Vice Chairperson, Ron Gonzales, for a term of January 1, 2001 through December 31, 2001, out of order.

Member McLemore took his seat at 9:06 a.m.

3. AWARDS AND COMMENDATIONS

Employees of the Month

Recognized Santiago Maciel in the supervisory category for the month of December 2000. Eddie Apostol, Guadalupe Operations; Carol Dinwiddie, North Maintenance; Pamela Dillard, River Oaks Administration were unable to attend.

Members Chavez and Powers took their seats at 9:07 a.m.

4. PUBLIC PRESENTATIONS

There were no Public Presentations.

B. Held Hearing Regarding Notice of Intention to Adopt Resolutions of Necessity for Capitol Light Rail Project on the following parcels:

Property ID Number/Owner/Assessors Parcel Number
1. 7626/Deleon, Mildred & Robert et al./APN: 591-23-035 Resolution No. 00.12.92
2. 7628/Ojascastro, Jovita/APN: 591-23-034 Resolution No. 00.12.93
5. 7673/Itchhaporia, Jayvadan N. & Tarunika J./APN: 254-40-014 Resolution No. 00.12.94
7. 7700/Reisman, Irving & Florence Trustee/APN: 484-19-095 Resolution No. 00.12.95
9. 7742/Santora, Ralph & Henry, et al/APN: 484-20-026 Resolution No. 00.12.96
10. 7799/Laidlaw, Lawrence T. & Magdalena/APN: 484-45-060 Resolution No. 00.12.97

Member Woody took her seat at 9:10 a.m.

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 the above-referenced parcels.

Noted the following parcels were removed from consideration:

Property ID Number/Owner/Assessors Parcel Number
3. 7653, 7655, 7657/Messina Trust/APN: 254-06-036, 254-06-037, 254-06-039 (Moved to January)
4. 7663/Barbaccia, Cyril G. et al/APN: 254-06-018 (SETTLED)
6. 7691, 7693, 7701, 7705/Roem Development Corporation/ APN: 484-44-003, 484-44-057, 484-44-011, 484-44-012 (Moved to February)
8. 7729/Passafuime, Frank R & Angeline L./APN: 254-21-162 (SETTLED)

C. Held Hearing regarding Notice of Intention to Adopt Resolutions of Necessity for Vasona Light Rail Project on the following parcels:

Property ID Number/Owner/Assessors Parcel Number
1.V002/Cimino, Robert R. & Arlene G./APN: 259-46-036 Resolution No. 00.12.98.
2. V011/Schlosser, et al./APN: 259-38-113 through 117 Resolution No. 00.12.99
3. V017/Primera Iglesia Bautista Baptist Church/APN: 259-46-106 Resolution No. 00.12.100
Arlene Cimino, Interested Citizen, requested replacement value for property be considered instead of appraisal value.

Don Houston, Primera Baptist Church, requested that Board Members postpone making a decision regarding this property.

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, directed the filing of eminent domain proceedings for the acquisition of the above-referenced parcels.

Noted the following parcel was removed from consideration:

4. V027/Stokes Development Company/APN: 282-26-005 (REMOVED)

5. Received public comments.

Failed on a vote of 5 ayes to 7 noes to 0 abstentions to select the alternative fuel path in compliance with the California Air Resources Board (CARB) Fleet Rule for Urban Transit Bus Operations. (Members Gonzales, Lucas, McHugh, Noe, Powers, Valerio and Woody opposed.)

Adopted Resolution No 00.12.101 on a vote of 7 ayes to 5 noes to 0 abstentions to select the diesel fuel path in compliance with the California Air Resources Board (CARB) Fleet Rule for Urban Transit Bus Operators. 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 exercising the existing contract options to purchase 198 additional low-emission diesel buses, and purchasing ZEBs beginning in FY 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. (Members Alvarado, Chavez, Kennedy, D., LeZotte and Nadler opposed.)

CONSENT AGENDA

6. Approved the Minutes of the Regular Board of Directors’ Meeting of November 2, 2000.

ADMINISTRATION AND FINANCE COMMITTEE

7. Approved the amendments to Bicycle Advisory Committee Bylaws.

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

9. Approved the appointment of Marjorie Jensen, representing Silicon Valley Independent Living Center, to fill an existing vacancy on the Committee for Transit Accessibility in the Human Services Category for a two-year term.

10. Authorized the General Manager to submit FY 2000 and FY 2001 Section 3037 Job Access and Reverse Commute grant applications to the Federal Transit Administration (FTA), execute the grant agreements and amend the existing agreement with VTA’s sub-grantee, Outreach and Escort Inc. (OUTREACH).

11. Authorized the General Manager to submit the Federal Fiscal Year 2001 Section 5307 Urbanized Area Formula Program, Surface Transportation Program (STP), Transportation Livable Communities (TLC), Congestion Mitigation and Air Quality (CMAQ), Intelligent Transportation System (ITS), and Section 5309 Fixed Guideway grant applications to the Federal Transit Administration (FTA), and to execute the grant agreements when received from FTA.

12. Authorized the General Manager to execute a contract with CH2MHill for conceptual, preliminary engineering and final design of Highway 17 – South Project, including the braided ramp from southbound Route 85 to southbound Highway 17 and the direct connector ramp from northbound Highway 17 to northbound Route 85, in an amount not to exceed $2,900,000.

13. Approved the indicated Prime Consultants and Sub-consultants selected to perform planning, preliminary engineering and final design engineering on Highway Program projects.
14. Authorized the General Manager to amend the contract with MK Centennial, Inc., for preliminary engineering and final design of the Highway 17 – North Project, a 1996 Measure B Transportation Improvement Program project, including the Auxiliary Lane from Camden Avenue to Hamilton Avenue and improvements at White Oaks, increasing the approved contract by $2,075,000 for new value not to exceed $2,525,000.

15. Authorized the General Manager to execute Master Agreements with Pacific Bell and Pacific Gas & Electric for relocation of Pacific Bell and Pacific Gas & Electric facilities required by the 1996 Measure B Transportation Improvement Program and other highway projects.

16. Adopted Resolution No. 00.12.102 authorizing the General Manager to submit applications for projects included in the Governor Davis’ 2000 Traffic Congestion Relief Plan (TCRP) and authorized the General Manager to execute cooperative and fund transfer agreements with the California Department of Transportation (Caltrans) and the California Transportation Commission (CTC).

17. Approved the revised Investment Policy to invest in A-Rated Medium-Term Corporate Notes and further approved the clarification to the Retiree Health Care Program Policy.

18. Authorized the General Manager to execute a five year fee contract with Aon Risk Services of Northern California (Aon) for insurance brokerage, administration, and safety services associated with an Owner-Controlled Insurance Program (OCIP) for the Highway Program in the amount of $1,247,490.

19. Authorized the General Manager to execute an amendment to the Appraisal Services Agreement with the firm of Hulberg & Associates, Inc., to add $125,000, for a new not-to-exceed contract value of $300,000.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITEE

20. Approved a programming strategy and project priorities for Revenue Aligned Budget Act (RABA) Pavement Management Funds.

(Removed from the Consent Agenda and considered as Agenda Item #31.)

21. Approve the indicated projects as the 1996 Measure B Transportation Improvement Program Route 152 Project and forward the list to the Santa Clara County Board of Supervisors for approval; and direct the General Manager to execute the necessary agreements with the City of Gilroy for implementation of the project segments that are to be jointly funded with the City of Gilroy.

TRANSIT PLANNING AND OPERATIONS COMMITTEE

22. Authorized the General Manager to execute a contract amendment with Parsons Brinckerhoff Quade & Douglas for final design and design support services during construction of the Vasona Light Rail Project in an amount not to exceed $4,100,000 for a new contract amount of $23,545,849.

23. Authorized the General Manager to execute a contract with Stacy & Witbeck, Inc., the lowest responsible bidder, in the amount of $19,760,486 for construction of the Tasman East Light Rail Project - I-880 to Hostetter Civil, Track & Landscaping improvements. This contract is 88% federally funded.

24. Authorized the General Manager to execute a Cooperative Agreement where VTA will act as the purchasing agent for new locomotives and bi-level commuter rail cars on behalf of the Peninsula Corridor Joint Powers Board (PCJPB).

25. Authorized the General Manager to extend the terms of the contracts with Geocadd Surveys, Aero-Geodetic Corporation, and Towill, Inc., for aerial photography services; extending the terms of each of the three contracts by an additional two years.

26. Authorized the General Manager to amend the contracts with URS, Psomas, and the County of Santa Clara for right-of-way engineering and survey services; increasing the approved three-year URS and Psomas contract amounts by $400,000 each for new three-year contract totals not to exceed $1,300,000 and increasing the County Roads & Airports approved three-year contract amount by $200,000 for a new three-year contract total not to exceed $1,100,000.

27. 1) Certified that the Initial Study for the 1996 Measures A+B Transportation Improvement Program Consolidated Biological Mitigation Project: a. meets the requirements of the California Environmental Quality Act (CEQA); b. represents the independent judgment of VTA as Lead Agency; and, c. was presented to the Board of Directors and that they reviewed and considered it; 2) With the Initial Study as the basis for decision making, considered adoption of a Mitigated Negative Declaration; 3) Adopted a Mitigated Negative Declaration; 4) Adopted a mitigation monitoring plan; 5) Approved the Project; and, 6) Authorized the General Manager to approve future amendments to the mitigation monitoring plan consistent with measures negotiated with stakeholders and required by regulatory agencies to finalize the plan.

28. Authorized the General Manager to increase the Construction Inspection Services approved total amount by $2,500,000 for a new total not to exceed $5,500,000 for inspection services provided by the following eight firms: Carter and Burgess, Inc.; Cooper Pugeda Management, Inc./EPC Consultants, Inc.; URS Corporation; Kleinfelder, Inc.; CRSS Constructors, Inc.; APC International, Inc.; Harris & Associates, Inc.; and, Design Engineers Group.

29. Authorized the General Manager to execute a Purchase Agreement in the amount of $2,497,500, allowing for the purchase of land necessary for the Vasona Light Rail Project, civil construction contract C345, Vasona Tunnel Segment (parcels V020, V022 and V039) from Union Pacific Railroad Company.

40. Taken out of order and considered prior to Agenda Item #3.

Nominating Committee Report

Accepted the Nominating Committee Report recommending the following slate of officers for the 2001 Board of Directors: Chairperson, Manuel Valerio; Vice Chairperson, Ron Gonzales, for a term of January 1, 2001 through December 31, 2001.

REGULAR AGENDA

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON’S REPORT – Woody

30. Adopted Resolution No. 00.12.103 to modify the fare structure for the Caltrain with Dumbarton and Highway 17 Express Eco Pass service option effective January 1, 2001.

31. Approved the indicated projects as the 1996 Measure B Transportation Improvement Program Route 152 Project and forwarded the list to the Santa Clara County Board of Supervisors for approval; and directed the General Manager to execute the necessary agreements with the City of Gilroy for implementation of the project segments that are to be jointly funded with the City of Gilroy.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE
CHAIRPERSON’S REPORT

32. Adopted on a vote of 11 ayes to 1 noes to 0 abstentions, the Valley Transportation Plan 2020 (VTP 2020) as Santa Clara County’s Long-Range Countywide Transportation Plan. (Member Alvarado opposed.)

Member Woody left the meeting at 11:28 a.m.

TRANSIT PLANNING AND OPERATIONS COMMITTEE
CHAIRPERSON’S REPORT – Matthews

33. Authorized the General Manager to execute a contract amendment with Carter Burgess, Inc., for final design and utility coordination services during construction of the Capitol Light Rail Project in an amount not to exceed $2,300,000 for a new contract amount of $15,800,000.

OTHER ITEMS

34. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

Requested exploring Transit-Oriented Development planning options for VTA.

Requested an evaluation of the Board Directors’ Per Diem.

35. REPORT ON 1996 MEASURE A and B

Deferred to the VTA Board of Directors’ and Santa Clara County Board of Supervisors’ Joint Meeting of Friday, December 15, 2000.

36. LEGISLATIVE REPORT

Heard a report relative to: 1) State Legislature; 2) Governor’s State of the State Address scheduled for January 10, 2001; 3) Appropriations Bills; and, 4) Presidential Inauguration scheduled for January 20, 2001.

37. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the agenda packet.

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

A. Peninsula Corridor JPB

There was no report.

B. Capitol Corridor JPB

Heard a report that the Capitol Corridor JPB, at its meeting on Wednesday, December 13, 2000: 1) elected BART Director Tom Blalock as Chair of the Capitol Corridor Joint Powers Board effective, February 2001; 2) endorsed the list of 2000 State Transportation Improvement Program projects in the Capitol Corridor that were adopted by the California Transportation Commission in December, including track and signal improvements between Santa Clara and San Jose and station improvements at the Santa Clara Great America station; 3) adopted the 1999-2000 Capitol Corridor Annual Performance Report; 4) received a report on the development of a new Sacramento passenger rail station; and, 5) received a report on the Amtrak 20-Year Rail Improvement Plan.

C. Altamont Commuter Express (ACE) Joint Powers Board

Heard a report that the ACE JPB, at its meeting of Monday, December 11, 2000: 1) received monthly reports regarding ridership, on-time performance and expenditures; 2) introduced Phil Pennino as the new ACE Board Member representing San Joaquin County; 3) elected Brett Ives as Vice Chair of the ACE Board; and 4) discussed ongoing efforts to begin third round trip train services in early 2001.

D. Metropolitan Transportation Commission (MTC)

Heard a report that the MTC at its recent meeting: 1) adopted a policy to govern the use of the State Transit Assistance (STA) population based funding increment allocated under the Traffic Congestion Relief Plan (AB 2928) to provide operating subsidy for the Regional Express Bus

Program and 2) adopted the procedures for the FY 2001 capital funding program for MTC’s Transportation for Livable Communities Program, funded with Congestion Mitigation and Air Quality (CMAQ) Program and Transportation Enhancement funds. This included the TLC Neighborhood Planning Grant Process and Evaluation Criteria, and the Housing Incentive Program Process and Evaluation Criteria. The Housing Incentive Program (HIP) is a new program offered by MTC this year and links transportation and land use decisions. It seeks to maximize public investments in the transit infrastructure and to encourage transit use while also addressing the regional housing shortage; and, 3) Workshop for MTC Commissioners.

Member Eakins left the Meeting at 11:37 a.m.

39. REPORTS FROM VTA POLICY ADVISORY BOARDS

A. Tasman/Capitol Light Rail Policy Advisory Board

There was no report.

B. Vasona Light Rail Policy Advisory Board

There was no report.

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

There was no report.

D. Caltrain Policy Advisory Board

There was no report.

E. Downtown/East Valley Policy Advisory Board

There was no report.

40. NOMINATING COMMITTEE REPORT

(Moved to Consent Agenda.)

Accept the Nominating Committee Report recommending the following slate of officers for the 2001 Board of Directors: Chairperson, Manuel Valerio; Vice Chairperson, Ron Gonzales, for a term of January 1, 2001 through December 31, 2001.

41. ELECT A CHAIRPERSON AND VICE CHAIRPERSON FOR THE 2001 BOARD OF DIRECTORS.

Elected Manuel Valerio as Chairperson and Ron Gonzales as Vice Chairperson for the 2001 Board of Directors.
42. REPORT FROM THE CHAIRPERSON

Thanked staff for an incredible year.

Acknowledged the staff of the Board Secretary’s Office for their support and hard work.

43. REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.

44. ANNOUNCEMENTS

Thanked colleagues and staff for a wonderful year.

Announced that the Board Members’ outgoing dinner will be held following the January 4, 2001 Board Meeting.

Commented that Member Noe will always be welcomed back on the Board.

Commented about enjoying working with the members of the Board and expressed appreciation for staffs’ support.

Thanked Chairperson Alvarado for her leadership.

Announced the addition of Item #45. D. Existing Litigation, - Conference with Legal Counsel, Homer J. Olsen Construction, Inc. v. Valley Transporation Authority, Santa Clara County Superior Court Case.

45. CLOSED SESSION at 11:43 a.m.

A. 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)

B. 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
C. Public Employee Performance Evaluation
[Government Code Section 54957]

Title: General Manager
Title: General Counsel

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

Homer J. Olsen Construction, Inc. v. Valley Transporation Authority
Santa Clara County Superior Court Case

RECONVENED TO OPEN SESSION at 12:10 p.m.

Moved and approved adjournment of the meeting to Friday, December 15, 2000, 8:30 a.m., San Jose Hyatt Hotel, Woodside Room, 1740 North First Street, San Jose, California.

RECONVENED AND CALLED TO ORDER at 8:45 a.m. on Friday, December 15, 2000.

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

Members Absent: Nadler

45. CLOSED SESSION (continued) at 8:50 a.m.

RECONVENED TO OPEN SESSION at 9:35 a.m.

46. CLOSED SESSION REPORT

A. 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.

B. 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.

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

Title: General Manager
Title: General Counsel

Approved five-percent salary increase for the General Manager and a six percent performance increment.

Approved four-percent salary increase to General Counsel and a four percent performance increment.

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

Homer J. Olsen Construction, Inc. v. Valley Transporation Authority
Santa Clara County Superior Court Case

There was no reportable action taken during Closed Session.

ADJOURNED at 9:35 a.m.