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Board of Directors Meeting

January 11, 2001

Board of Supervisors' Chambers
County Government Center
70 West Hedding Street
San Jose, California

Summary Minutes

1. CALLED TO ORDER at 6:05 p.m.

2. Administered Oaths of Office to Sally Lieber from City of Mountain View representing Group 2; Randy Attaway from the Town of Los Gatos representing Group 3; David Cortese, Pat Dando, Forrest Williams, Ken Yeager from the City of San Jose representing Group 1; and, Don Gage from the County of Santa Clara representing Group 5.

Member Nadler took her seat at 6:07 p.m.

3. ROLL CALL: Members Present: Alvarado, Attaway, Chavez, Cortese, Dando, Eakins, Gage, Gonzales, Kennedy, D., Kennedy, J.P., Lieber, McHugh, McLemore (Ex-Officio), Nadler, Valerio,
Williams, Yeager

Members Absent: Beall (Ex-Officio), Springer

4.ORDERS OF THE DAY

Deferred Agenda Item # 26., Authorize the General Manager to execute a contract with L.B. Foster Company, the lowest responsible bidder, in the amount of $2,148,631 to procure special trackwork for the Tasman East, Capitol and Vasona Light Rail Projects, to the February 8, 2001 Board of Directors Meeting.

Deferred Agenda Item #27., Authorize the General Manager to execute a contract with L.B. Foster Company, the lowest responsible bidder, in the amount of $2,641,130 to procure running rail for the Capitol and Vasona Light Rail Projects, to the February 8, 2001 Board of Directors Meeting.

Removed Agenda Item #18., Establish the South Bay Transit Corridor Policy Advisory Board (PAB) and request that the VTA Board, the cities of Milpitas, San Jose and Santa Clara, the County of Santa Clara and the Alameda County Congestion Management Agency (ACCMA) and/or Alameda County Transportation Improvement Authority (ACTIA) designate their appointees to the PAB, from the Consent Agenda.

Accepted Orders of the Day.

5. COMMENTS FROM NEWLY ELECTED CHAIRPERSON

Heard comments from newly elected Chairperson Valerio conveying a welcome to the new Board Members and welcoming back continuing Board Members. He noted the expectations of a very busy, challenging and productive year as VTA strives to continue to provide the best services and the high quality transportation services their customers deserve.


A. Appointed Board Members to the following Standing Committees:Administration and Finance: Pat Dando, Don Gage, Jane P. Kennedy and Forrest Williams; Congestion Management Program and Planning:Blanca Alvarado, Cindy Chavez, Sally Lieber and Judy Nadler; Transit Planning and Operations: David Cortese, Ron Gonzales, Dennis Kennedy and Manuel Valerio

Appointed Board Member Jane P. Kennedy as Chairperson of the Administration and Finance Committee for 2001.

Appointed Board Member Judy Nadler as Chairperson of the Congestion Management Program and Planning Committee for 2001.

Appointed Board Member Dennis Kennedy as Chairperson of the Transit Planning and Operations Committee for 2001.

The Agenda was taken out of order.

C. Approve Appointments to the VTA Policy Advisory Boards

Deferred to the Board of Directors Meeting of February 8, 2001.

D. Adopted the Year 2001 Board of Directors Meeting Calendar.

B. Appointed Alternate Board Member Yeager to the Peninsula Corridor Joint Powers Board (Caltrain); Board Member Williams to the Capitol Corridor Intercity Rail Service Joint Powers Board and to the Altamont Commuter Express Joint Powers Board.

6. AWARDS AND COMMENDATIONS

A. Employees of the Month

Presented award to Eddie Apostol, Guadalupe Operations, as VTA Employee of the Month of December 2000.

Presented awards to George Davlantes, North Administration; George Ramos, Guadalupe Maintenance; and Rafael Jovel, North Operations, as VTA Employees of the Month of January 2001.

Expressed appreciation to the Board Secretary’s Office.

7. PUBLIC PRESENTATIONS

A. Received public comments.

Ex-Officio Member McLemore took his seat at 6:32 p.m.

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. 7653, 7655, 7657/Messina Trust/APN: 254-06-036, 254-06-037, 254-06-039 Resolution No. 01.01.01
3. 7687, 7689/Sodhi, Hoshiar S./APN: 484-44-008, 484-44-005 Resolution No. 01.01.02
4. 7699/FFCA & IIP 1985 Property Company/APN: 484-43-107 Resolution No. 01.01.03
5. 7756/Gordillo, Natalia/APN: 484-23-036 Resolution No. 01.01.04

Received public comments.

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 parcel was removed from consideration:

2. 7686/Braddock & Logan Group II, L.P./APN: 484-15-009 (Removed from the Agenda)

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. V003/Spielbauer, Dennis/APN: 259-46-037 Resolution No. 01.01.05
2. V007, V009/SJW Land Company/APN: 259-38-129 & 259-38-131, 259-38-042, 259-38-047, 259-38-048, 259-38-049, 259-38-050, 249-38-086, & 259-38-111 Resolution No. 01.01.06

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.

CONSENT AGENDA

Removed Agenda Item #18., Establish the South Bay Transit Corridor Policy Advisory Board (PAB) and request that the VTA Board, the cities of Milpitas, San Jose and Santa Clara, the County of Santa Clara and the Alameda County Congestion Management Agency (ACCMA) and/or Alameda County Transportation Improvement Authority (ACTIA) designate their appointees to the PAB.

Noted abstention from Agenda Item #14., Authorize the General Manager to execute an amendment to the 1996 Measure B Transportation Improvement Program (MBTIP) Master Agreement (Agreement), with the Santa Clara County Board of Supervisors to add implementation procedures for the Measure B Caltrain Improvement Plan and revise provisions relating to project contingencies.

ADMINISTRATION AND FINANCE COMMITTEE

8. Approved the following appointments and reappointments to the Bicycle Advisory Committee: New Appointments: Marc Jensen representing the Town of Los Gatos.

9. Approved a leave of absence for Maryjane Naughten, Committee Member for Transit Accessibility, representing Group I (San Jose) from October 1, 2000 through December 31, 2000.

10. Approved the re-appointments of David Julian, Maureen Lonegan, Frederico Orillaneda, Barbara Rhodes and Randy Tamez to serve a two-year term on the Committee for Transit Accessibility.

11. Authorized the General Manager to amend the legal services contract with McCutchen, Doyle, Brown & Enersen, increasing the authorized amount by $100,000, for a new, not-to-exceed value of $200,000.

12. Authorized the General Manager to execute a cooperative agreement with the City of San Jose that specifies the funding and project development responsibilities of the I-880/Coleman Avenue Interchange project; and authorize the General Manager to amend the Fiscal Year 2001 Budget to incorporate this project.

13. Authorized the General Manager to execute a three-year agreement with options for renewal for up to five years to Compaq Computer Corporation for full network support of the VTA local and wide area network in an amount not to exceed $1,990,000 over the life of the contract.

14. Authorized the General Manager to execute an amendment to the 1996 Measure B Transportation Improvement Program (MBTIP) Master Agreement (Agreement), with the Santa Clara County Board of Supervisors to add implementation procedures for the Measure B Caltrain Improvement Plan and revise provisions relating to project contingencies. Board Member Alvarado abstained.

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

15. Authorized the General Manager to execute a Master Cooperative Agreement with the California Department of Transportation (Caltrans) covering construction of the Vasona Light Rail Project.

16. Authorized the General Manager to execute the Cost Sharing Agreement with the City of San Jose for construction work to be included as a part of the Tasman East/Capitol Light Rail Projects.

17. Authorized the General Manager to execute a contract with Korve Engineering for preparation of Conceptual Engineering (CE) for projects included in the Downtown/East Valley Preferred Investment Strategy in an amount not to exceed $3,101,162.

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

Establish the South Bay Transit Corridor Policy Advisory Board (PAB) and request that the VTA Board, the cities of Milpitas, San Jose and Santa Clara, the County of Santa Clara and the Alameda County Congestion Management Agency (ACCMA) and/or Alameda County Transportation Improvement Authority (ACTIA) designate their appointees to the PAB.

19. Approved the increase in the number of Americans with Disabilities Act (ADA) Paratransit Subscription trips by 200 per day, from a fixed amount of 1,000 subscription trips to a fixed amount of 1,200 per day and review quarterly.

REGULAR AGENDA

18. Established the South Bay Transit Corridor Policy Advisory Board (PAB) and request that the VTA Board, the cities of Milpitas, San Jose and Santa Clara, the County of Santa Clara and the Alameda County Congestion Management Agency (ACCMA) and/or Alameda County Transportation Improvement Authority (ACTIA) designate their appointees to the PAB.

Amended to reflect the addition of a Metropolitan Transportation Commission (MTC) Commissioner to be added as a member of the PAB.

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON’S REPORT - JANE P. KENNEDY

20. Authorized the General Manager to amend the existing contract with the County of Santa Clara for law enforcement services provided by the Santa Clara County Sheriff’s Department for a period of five additional years for a total amount not to exceed $24,000,000.

Suggested setting goals for the Sheriff’s Department.

21. Augmented the Fiscal Year 2001 Capital Budget by adding $20.5 million for the Winchester Extension to the Vasona Light Rail Project and approve the funding plans that reimburse VTA with contributions from State Transportation Improvement Program (STIP) funds and State general funds; and, further authorized the General Manager to execute an agreement with the City of Campbell to contribute funding of $500,000.

22. Accepted the first reading of a Retail Transactions and Use Tax Ordinance, in the form attached hereto, which imposes (a) a tax for the privilege of selling tangible personal property at retail upon every retailer in Santa Clara County, the territory of VTA, at the rate of one-half of one percent of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in the territory of VTA, and (b) a complimentary tax upon the storage, use, or other consumption in Santa Clara County, the territory of VTA, at the rate of one-half of one percent of the sales price of the property whose storage, use, or other consumption is subject to the tax, for a period not to exceed 30 years, and to take effect on April 1, 2006, upon the expiration of the current County of Santa Clara 1996 Measure B � cent sales tax. (First Reading of Ordinance) Board Member Alvarado opposed.

23. Approved the 2001 State Legislative Program for VTA.

24. Approved the 2001 Federal Legislative Program for VTA.

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 - RON GONZALES

25. Authorized the General Manager to execute a contract with Condon - Johnson & Assoc., Inc., the lowest responsible bidder, in the amount of $23,747,749 for construction of the Vasona Light Rail Project - San Jose Diridon Tunnels.

26. (Deferred)

Authorize the General Manager to execute a contract with L.B. Foster Company, the lowest responsible bidder, in the amount of $2,148,631 to procure special trackwork for the Tasman East, Capitol and Vasona Light Rail Projects.

27. (Deferred)

Authorize the General Manager to execute a contract with L.B. Foster Company, the lowest responsible bidder, in the amount of $2,641,130 to procure running rail for the Capitol and Vasona Light Rail Projects.

OTHER ITEMS

28. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

A. Evaluation of Board of Directors’ Per Diem

Noted that the Evaluation of Board of Directors’ Per Diem is a report back from a request made by Member Alvarado.

Thanked staff for their quick response.

Clarified that the Per Diem will be raised to $100 per VTA meeting that is applicable with a cap of $500 per month.

29. REPORT ON 1996 MEASURES A and B

Heard a report, highlighting: 1) held a very productive VTA Board of Directors/County of Santa Clara Bard of Supervisors Joint Workshop in December 2000; 2) major milestone for the Vasona Corridor; 3) Vasona Corridor Groundbreaking Ceremony to be held in late February 2001; and, 4) various VTA projects are on schedule or ahead of schedule.

30. LEGISLATIVE REPORT

There was no Legislative Report.

31. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the agenda packet.

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

A. Peninsula Corridor JPB

Heard a report that the Peninsula Corridor Joint Powers Board, at its meeting on Monday, December 18, 2000: 1) Re-elected Michael Burns as JPB Chair and Michael Nevin as JPB Vice Chair for 2001; 2) Announced the cancellation of the regular January 2001 JPB meeting; 3) Authorized execution of a cooperative agreement with VTA for the purchase of locomotives and passenger rail cars; 4) Authorized execution of an agreement with the Altamont Commuter Express Authority for use of Caltrain tracks between Santa Clara and San Jose and the use of the Santa Clara Caltrain station; 5) Approved a Resolution of Appreciation for retiring JPB Director Charlotte Powers; 6) Approved funding agreements and a budget amendment regarding the combining of the environmental studies for the Caltrain Downtown San Francisco Extension Project and the Transbay Terminal Joint Development Project; and, 7) Authorized the execution of a Memorandum of Agreement for a commuter-based car sharing demonstration project for Caltrain passengers at the California Avenue Caltrain Station in Palo Alto.

B. Capitol Corridor JPB

There was no report on the Capitol Corridor JPB.

C. Altamont Commuter Express (ACE) JPB

There was no report on the ACE JPB.

D. Metropolitan Transportation Commission (MTC)

Heard a report that the MTC, at its meeting on Wednesday, December 20, 2000: 1) Presented Larry Dahms, MTC Executive Director, a Resolution of Appreciation and wished him well on his retirement after 23 years; 2) Steve Heminger is the new Executive Director; 3) Approved a resolution which establishes guidelines for funding the replacement of used vehicles under Transit Capital Priorities; 4) Approved the Low Income Flexible Transportation Program of Projects which includes the Santa Clara Children’s Shuttle Service; and 5) Approved the MTC Legislative Program for the 2001 state and federal legislative sessions. Also starting the new visits to the State Capitol and preparing for the upcoming APTA Conference in Washington, D.C.

33. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A. Tasman/Capitol Light Rail PAB

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

B. Vasona Light Rail PAB

There was no report on the Vasona Light Rail PAB.

C. Fremont/South Bay Commuter Rail Project PAB

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

D. Caltrain PAB

There was no report on the Caltrain PAB.

E. Downtown/East Valley PAB

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

34. REPORT FROM THE CHAIRPERSON

Directed attention to Agenda Item #5.D., Board Memorandum dated February 8, 2001, noting the change of dates for the following meetings: Board of Directors Orientation rescheduled to Friday, January 26, 2001, 9:00 a.m. to 12:00 p.m.; Board of Directors Workshop rescheduled to Friday, February 2, 2001, 8:30 a.m. to 1:00 p.m.; and Board of Directors Meeting rescheduled to Thursday, February 8, 2001, at 12:00 p.m.

Thanked staff for accommodating the request from the County of Santa Clara Board of Supervisors to reschedule the January 26, 2001 Board of Directors Workshop.

35. REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.

5.C. Appointments to the VTA Policy Advisory Boards (continued)

Noted the importance of the Policy Advisory Boards.

36. ANNOUNCEMENTS

There were no announcements.

37. CLOSED SESSION at 7:10 p.m.

Ex-Officio Member McLemore left the meeting at 7:18 p.m.

A. 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
Scott Buhrer, Chief Financial Officer
Candice Gonzalez, Manager, Office of Civil Rights

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

Homer J. Olsen, Inc., v. Santa Clara Valley Transportation Authority
(Santa Clara County Superior Court Case No. CV 785402) (six consolidated cases)

RECONVENE TO OPEN SESSION at 7:40 p.m.

38. CLOSED SESSION REPORT

A. 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
Scott Buhrer, Chief Financial Officer
Candice Gonzalez, Manager, Office of Civil Rights

There was no reportable action taken during Closed Session.

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

Homer J. Olsen, Inc., v. Santa Clara Valley Transportation Authority
(Santa Clara County Superior Court Case No. CV 785402) (six consolidated cases)

There was no reportable action taken during Closed Session.

ADJOURNED at 7:41 p.m.