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Board of Directors Meeting

March 02, 2000

 

Summary Minutes



1. CALLED TO ORDER at 6:08 p.m.

ROLL CALL: Members Present: Alvarado, Chavez, Eakins, Gonzalez, Kennedy, D., Lucas, Matthews, McHugh, Noe, Powers, Valerio, Woody

Members Absent: Beall (Ex-Officio), McLemore (Ex-Officio)

2. ORDERS OF THE DAY

There were no Orders of the Day.

3. AWARDS AND COMMENDATIONS

Team Award for the Month of March, 2000

Member McHugh took his seat at 6:10 p.m.

The Team Award for the Month of March, 2000, was deferred to the Board of Directors Meeting of April 6, 2000.

Employees of the Month

Presented awards to Brenda Camacho, North Maintenance; Norma Lawrence, North Operations as VTA's Employees of the Month for March, 2000; Garry Stanislaw as the Supervisory Employee of the Quarter for March, 2000. Marilyn Andres, River Oaks Administration, was unable to attend to receive her award.

4. PUBLIC PRESENTATIONS

Brian Thompson, Homer J. Olsen, Inc., addressed the Board regarding litigation regarding Homer J. Olsen, Inc.

LaVon Hamilton, VTA Coach Operator, addressed the Board of Directors regarding inaccurate paychecks and inaccurate corrections to same that she has received since January 14, 2000 and questioned measures that are in place to resolve this problem. Requested that Ms. Hamilton be answered in writing regarding this issue and copies of the letter to Ms. Hamilton be forwarded to the Board.

Ross Signorino, interested citizen, expressed concern that VTA is not using all available resources to move people and recommended the importance of educating the public regarding the use of public transportation.

Amos Rendler, interested citizen, suggested the installation of an accurate clock for each coach.

B. Adopted Resolution No. 00.03.20 to certify the Capitol Corridor Light Rail Project Final Environmental Impact Report (FEIR); Adopted Resolution No. 00.03.21 that adopt findings of Facts and Statement of Overriding Considerations; Adopted Resolution No. 00.03.22 that adopt mitigation monitoring plans; Adopted Resolution No. 00.03.23 that adopt the Project and to request staff to come back to the Board with a Comprehensive Mitigating Program.

Member Gonzales left his seat at 6:30 p.m.

Robert Becklund, Silicon Valley Taxpayers Organization, noted that the California Environmental Quality Act (CEQUA) requires government agencies to consider qualitative, economic and technical factors as well as long and short term benefits and costs of a project.

Alex Torres, California Hispanic Chambers of Commerce, supported VTA's Final Environmental Report and stated that once approved and implemented, this plan will enhance the quality of life of residents in the community, increase employment opportunity, and benefit small business in the area.

Wanda McKolskey, Coalition STOP the Capitol Light Rail Project expressed concern regarding the need of the Capitol light Rail Project and insufficient notification to the public of the project.

Member Gonzales took his seat at 6:38 p.m.

Linda Hermann, Berryessa School District, requested that the Board slow down or postpone adoption of the FEIR and the Project in order to further investigate the issue of high-density housing.

Gloria McClain, Coalition to Stop Light Rail on Capitol Avenue, expressed concern regarding questions submitted which went unanswered, contradictions within the FEIR, illogical conclusions reached in the report and comments given by signors of petition.

Chuck Reed, resident of Berryessa area, addressed the Board regarding protection of the Capitol Avenue corridor from the
impacts of light rail construction by including a mandatory construction mitigation program in the construction contract.

Charlie Williams, interested citizen, noted there was no mention of electric buses in the report and that the light rail on North First Street is not competitive due to the fact that it is very slow.

Charlotte Davenport, resident of Capitol Avenue area, commented that this project is going to be bad for business and hard on the residents of the area.

Evor Vattuone, interested citizen, supported the project and stated that it will solve congestion problems.

D. Lok, interested citizen, questioned the accuracy of the FEIR and doubted the Light Rail will solve traffic problems and he stated that light rail and light buses are not practical.

Dale Detwiler, interested citizen, expressed concern regarding the ineffectiveness of Light Rail because it is so slow, he stated that rail service is an iron dinosaur.

William Garbett, interested citizen, expressed concern regarding pollution, public nuisance of wheels squeaking and loss of an historic barn.

Commented that the City of Mountain View has recently gone through light rail construction. Residents and businesses were kept informed and were advised of the occasional night work. Merchants are pleased with Light Rail and one merchant stated that he is experiencing record sales.

Stated that VTA is planning for the future of our children and grandchildren and connecting our communities. Noted that the merits of Light Rail are not the issue on Agenda; these merits were decided by the voters in November, 1996. The voters approved Measures A and B.

Noted that representatives of Milpitas, Gilroy, Morgan Hill, and former chairperson of the Board, Jim Lawson, agreed that this project is very important to the city of Milpitas.

Assured the public that their concerns have been taken into consideration. Noted that property values have increased in Sunnyvale due to Light Rail and that the availability of Light Rail is one of the major reasons for businesses locating in the industrial area.

Noted respect for the concerns that were expressed though the East Valley needs and deserves the Light Rail.

Stated that this is a multi-modal system that will address the extreme problem of congestion of roadways. This responsibility must be in everybody's best interest in order to improve the environmental conditions in which we live. All of the different modes of transportation will improve the quality of life in Santa Clara Valley.

Stated that the successes in construction can only spill over into the West Valley in the Vasona Corridor.

Member Matthews noted the importance of citizen input and she will continue to work with those impacted by the Capitol Line and suggested the formalization of a Construction Mitigation Program which was suggested by Chuck Reed.

Member Matthews noted that "Main Street" will be gained, not lost. With proper urban design, Capitol will be 100% improved by widening of sidewalks, addition of trees, fewer cars, more pedestrians and bicycles and commended Member Gonzales for all of his efforts.

C. Hearing - Notice of Intention to Adopt Resolutions of Necessity - Tasman East Light Rail Project

Closed Hearing and adopted Resolutions of Necessity in connection with the Tasman East 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, direct the filing of eminent domain proceedings for the acquisition of certain real property as follows:

Property ID Number/Owner/Assessors Parcel Number

1) 7196 & 7197/Joseph Bianchi and Clara Bianchi/APN: 245-01-001, 245-01-002 Resolution No. 00.03.24

D. Hearing- Notice of Intention to Adopt a Resolution of Necessity -Ohlone-Chynoweth Eden Housing Project

Closed hearing and adopted Resolutions of Necessity in connection with the Ohlone-Chynoweth Eden Housing 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, direct the filing of eminent domain proceedings for the acquisition of certain real property as follows:

Owner/Assessors Parcel Number

1) Heirs and Devises of John Maynes a.k.a. John Mayne/APN: 458-11-001, 458-11-014 Resolution No. 00.03.25

E. Public Hearing on Proposed Augmentation to Grant Anticipation Notes

Closed Hearing and adopted Resolution No. 00.03.26 approving the Augmentation of Grant Anticipation Notes by the Peninsula Corridor Joint Powers Board in the amount of $99 million for a total of $222.5 million.
CONSENT AGENDA

5. Approved the Minutes of the Regular Board of Directors' Meeting of February 3, 2000, as amended to include comments of Member Le Zotte regarding clean air fuel.

ADMINISTRATION AND FINANCE COMMITTEE

6. Authorized the General Manager to execute a no-cost ten-year lease with an option to renew for two additional ten-year periods with the City of Morgan Hill for a repeater site associated with VTA's Advanced Communications Systems (ACS).

7. Authorized the General Manager to execute a Real Estate Broker Commission Agreement with Colliers International providing for up to a 4% fee in connection with the sale of excess property at the I-880/Alder Park and Ride Lot.

Adopted Resolution No. 00.03.27 supporting the use of State Transportation Improvement Program (STIP) funds for the Tasman East Light Rail Project from I-880 to Hostetter Road, and authorized the General Manager to file state and federal grant applications and execute the respective grant agreements upon their approval.

9. Authorized the General Manager to execute a contract with HMH, Inc., for preliminary engineering and final design of the Highway 152 Safety Improvement Project in an amount not to exceed $1,295,000.

10. Authorized the General Manager to execute a contract with Ruth & Going, Inc., for preliminary engineering and final design of the Route 87 North Project in an amount not to exceed $3,689,000.

11. Authorized the General Manager to amend the current contract with Alpha General Electric to include additional work scope and increase the contract amount by 50,000 for the current year of the contract, and by $100,000 for each of the two option years. This amendment will increase the total four-year contract value to $1,250,000.

12. Adopted Resolution No. 00.03.28 for the State Board of Equalization to reflect Santa Clara Valley Transportation Authority's Chief Financial Officer as the designated officer to receive use and sales tax records for purposes of forecasting and the identification of possible errors in allocations.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITEE

13. Approved up to $3.1 million in State Transportation Improvement Program (STIP) Funds to provide matching funds for the 2nd Cycle Transportation Equity Act for the 21st Century (TEA-21) Congestion Mitigation and Air Quality (CMAQ) funded projects.

14. Approved project priorities for the 2000/01 Countywide Transportation Development Act (TDA) Article 3 Program and approved rescind/reallocation requests.

15. Received and filed the Congestion Management Program Audit, Fiscal Year 1998-1999.

16. Approved distribution of the FY 2000-01 Draft Congestion Management Program (CMP) Work Program, Budget and Member Agency Assessments to Member Agencies for review and comment.

TRANSIT PLANNING AND OPERATIONS COMMITTEE

Authorized the General Manager to execute an Amendment to the contract with Robert Bein, William Frost and Associates for Right-of-Way Engineering and Survey Services; increasing the current three-year contract amount by $1,000,000 for a new contract total not to exceed $1,900,000.

Authorized the General Manager to execute amendments to the contracts for real estate acquisition services as needed with the following firms: Briggs Field Services, Paragon Partners, Dubray Land Services, Universal Field Services, Cutler and Associates; and Linda Norwood, removing the ceiling of $250,000 for individual contracts and increasing the current total contract amount of $1,350,000 to $2,662,500 for all six contracts. The term of the agreements will remain five years for each contract.

Authorized the General Manager to execute Amendment No. 1 to the Agreement with Sanchez Kamps Associates for Graphic Design Services for the Phase II Light Rail Transit (LRT) Signage Program increasing the approved contract amount by $126,812 for a new value of $217,182.

REGULAR AGENDA

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON'S REPORT - Lucas

Authorized the General Manager to execute contract and future extensions thereof with the following law firms that specialize in construction law and litigation: Atkinson, Andelson, Loya, Ruud & Romo; Bell, Rosenberg & Hughes LLP; Gutierrez & Associates; Quadros & Johnson; Sheppard, Mullin, Richter & Hampton; Stringfellow & Associates. Each contract will be for an initial three-year period, with up to two additional one-year terms, in a total amount not to exceed amounts budgeted for such legal services in any given year.

Adopted the amended Appendix of Designated Positions and Disclosure Categories of the Conflict of Interest Code for the Santa Clara Valley Transportation Authority (VTA) and direct the Board Secretary to forward the revised list of designated positions to the Santa Clara County Board of Supervisors for approval.

Authorized the General Manager to execute a contract amendment with SAP/SCS America in the amount of $146,800 and further authorized the General Manager to execute additional amendments up to $400,000 for a new contract amount not to exceed $13,843,664.

Requested an update on progress made to correct errors in the payroll system and requested information on an on-going basis.

Staff reassured the Board of Directors that staff is working diligently and substantial progress has been made in correcting this issue during the past weeks.

Inquired regarding turnaround time when an error is made and whether a system is in place to correct errors.

Requested clarification to the figures in the contract amendment with SAP/SCS America.

Advised that the VTA shelter advertising program and third-party review of large contracts have been put on the Administration and Finance Committee Agenda for March 17, 2000 and further requested that the bus shelter issue be discussed early on the Agenda.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - NOE

23. Approved the programming of $28.1 million in State Transportation Improvement Program (STIP) Funds to the Tasman East Light Rail project in order to release Measure B funds from the Tasman East Light Rail project to maximize the flexibility in funding other transportation projects.

Approved the Valley Transportation Plan 2020 (VTP 2020) Roadway Evaluation Methodology.

Suggested that staff prepare a glossary of terms regarding VTP 2020 prior to the March 31, 2000 Board Workshop.

Approved the VTP 2020 Transit Project Evaluation Methodology.

Suggested footnotes for clarity in charts.

Advised that the evaluation is the first cut and requested that Member Beall's memo regarding VTP 2020 Roadway Evaluation Methodology dated March 2, 2000, be included for approval.

TRANSIT PLANNING AND OPERATIONS COMMITTEE CHAIRPERSON'S REPORT - Matthews

Authorized the General Manager to execute a contract for the purchase of up to 52 new 40-foot low-floor buses and related equipment to the lowest responsible bidder, Gillig Corporation, for up to $16,550,000. A portion of this procurement is federally funded.

Spence Erickson, interested citizen, encouraged the use of natural gas as a viable proven means of transportation.

David Esmaili, West Valley College, noted the health risks of poor air quality especially as it relates to reduced lung function.

Jim Hughs, interested citizen, noted that the American Lung Association is concerned about the health of residents of Santa Clara County caused by the purchase of 52 additional buses.

Jim Larson, Pacific Gas & Electric Clean Air Transportation Program, expressed concern regarding health risks, pollution and expenses.

OTHER ITEMS

27. REPORT ON 1996 MEASURES A and B

Heard a report from Peter Cipolla, General Manager, regarding Measures A & B, highlighting the Joint Workshop to be held with Board of Supervisors and Board of Directors on May 5, 2000, at the San Jose Fairmont.

28. LEGISLATIVE REPORT

Heard a report from Kurt Evans, Government Affairs Manager, regarding Governor's comments of using a portion of the expected general fund surplus for specific transportation projects.

29. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the agenda packet.

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

A. Peninsula Corridor JPB

Heard a report from Member Powers relative to issues addressed at the Peninsula Corridor Joint Powers Board Meeting on Thursday, March 2, 2000, highlighting: 1) San Francisco Supervisor Tom Ammiano will replace Supervisor Leslie Katz on the Joint Powers Board; 2) San Francisco Transportation Authority has added the Caltrain electrification project and the Downtown San Francisco extension to its 2000 Federal Legislative Program; 3) Authorized the execution of an amendment with Amtrak to relocate 14 Virginia Railway Express cars to San Jose to handle additional service needs for Pac Bell Park during the 2000 San Francisco Giants baseball season; 4) Authorized contingency expenditures for improvements to the San Antonio Road Station in Mountain View; 5) Approved the programming of $885,000 of fiscal year 2001 and 2002 Federal TEA 21 funds for the rehabilitation and upgrade of grade crossing warning predictors in Sunnyvale and Mountain View; 6) Received a report regarding Caltrain service to Pac Bell Park for San Francisco Giants games this year; 7) Received a report regarding the California High Speed Rail Project.

B. Capitol Corridor JPB

Heard a report from Member Eakins relative to issues addressed at the Capitol Corridor JPB Meeting on February 9, 2000, highlighting: 1) Festive meeting and ceremony to celebrate the implementation of the February, 2000, plan; 2) Approved the fiscal year 2000-01/fiscal year 2001-02 Business Plan Update; 3) Approved a resolution authorizing a Memorandum of Understanding (MOU) between the CCJPA and the Union Pacific Railroad (UP) providing for Phase I improvements to track and signals between Oakland and San Jose; 4) Approved an updated list of Capitol Corridor 2000 State Transportation Improvement Program (STIP) Pre-Construction Projects; 5) Discussed the Governor's fiscal year 2000-01 State Budget; 6) Received a report from Gil Mallory, President of Amtrak West, regarding the Capitol Corridor Service.

C. Altamont Commuter Express (ACE) JPB

Heard a report relative to issues addressed at the Altamont Commuter Express Joint Powers Board (JPB) Meeting on February 28, 2000, highlighting: 1) Approved a motion to fund the $60,000 difference needed to continue the operation of the ACE Shuttle
Program for the period between march 1, 2000 and the end of the fiscal year on June 30, 2000; 2) Approved Amendment #1 to the fiscal year 1999-2000 ACE Budget, which reflects the following changes: the addition of a new line item to cover shuttle funding through the end of the fiscal year, additional costs associated with the new turnback service, and an adjustment to line items reflecting the increase in fuel and other maintenance costs; 3) Approved the creation of a Board committee structure and the formation of an Operations and Planning Committee and a Funding, Legislative and Institutional Committee; 4) Received a staff report regarding the ACE Passenger Survey and Destination Area Employer Survey to be conducted in late March.

D. Metropolitan Transportation Commission (MTC)

Heard a report from Member Powers relative to issues addressed at the Metropolitan Transportation Commission (MTC) Workshop on February 23, 2000, highlighting: 1) Heard an update on the Blueprint for the 21st Century; 2) Discussed spending options for additional $71M of money, called a RABA (revenue-aligned budget authority) Dividend which is available to the MTC region.

31. REPORTS FROM VTA POLICY ADVISORY BOARDS

A. Capitol/Tasman Light Rail Policy Advisory Board

There was no report from the Capitol/Tasman Light Rail Policy Advisory Board.

B. Vasona Light Rail Policy Advisory Board

There was no report from the Vasona Light Rail Policy Advisory Board.

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 the October meeting.

32. REPORT FROM THE CHAIRPERSON

Heard a report from Chairperson Alvarado regarding the Board Workshop to be held on March 31, 2000 to include VTP 2020 Plan and presentation by Caltrain Staff on their Rapid Rail and Electrification Program.

Established the Fremont South Bay Rapid Transit Corridor Study Policy Advisory Board (PAB).

33. REPORT FROM THE GENERAL MANAGER

Heard a report from the General Manager regarding: 1) Board Member McLemore's invitation to the Presentation of Caltrain Electrification Program on March 28, 2000; 2) Scheduled Presentation of Caltrain Electrification Program on March 31, 2000, at the Board of Directors Workshop; 3) April 13, 2000, tour and briefing for Hans Rat, Secretary General, Union Internationale des Transports Publics (UITP).

34. ANNOUNCEMENTS

Announced great time had at Employee Recognition Banquet at the Fairmont Hotel.

Announced wonderful accomplishments by staff at Black History Luncheon and encouraged attendance at next year's luncheon.

35. CLOSED SESSION at 8:59 p.m.

A. Conference with Real Property Negotiator
[Government Code Section 54956.8]

Property: (a) Purchase of Right-of-Way for the Vasona Light Rail Project, located within the Vasona Rail Corridor from Diridon Station in San Jose to Winchester Boulevard in Campbell; (b) Purchase of additional trackage rights for Caltrain on existing system in south Santa Clara County between Tamien Station and Gilroy; (c) Purchase of trackage rights in the South Bay Corridor between Union City and Diridon Station in San Jose.

Negotiator for VTA: Scott Buhrer, Chief Financial Officer
Negotiator for Peninsula Corridor Joint Powers Board: David Miller, General Counsel
Negotiator for Union Pacific Railroad: Robert Starzell, President Corporate Relations

B. Conference with Real Property Negotiator
[Government Code Section 54956.8]

Capitol Avenue Park and Ride Lot Site (a.k.a. Payless Site)
301-399 South Capitol Avenue, San Jose.

Negotiating Parties: James E. Pierson, VTA Planning and Development Director and Robert Emami, President of ROEM Development Corporation.

Under Negotiation: Price and terms of payment

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

Santa Clara County Transit District v. Varni, et al. (Santa Clara County Superior Court Case No. CV 762712--Complaint in Eminent Domain)

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

Homer J. Olsen v. Santa Clara County Transit District (Santa Clara County Superior Court Case Nos. CV785402, CV785531, CV785764, CV786144, CV786451, CV786816)

E. Anticipated Litigation-Conference with Legal Counsel
[Government Code Section 54956.9(b)]

RECONVENE TO OPEN SESSION at 9:23 p.m.

36. CLOSED SESSION REPORT

A. Conference with Real Property Negotiator
[Government Code Section 54956.8]

Property: (a) Purchase of Right-of-Way for the Vasona Light Rail Project, located within the Vasona Rail Corridor from Diridon Station in San Jose to Winchester Boulevard in Campbell; (b) Purchase of additional trackage rights for Caltrain on existing system in south Santa Clara County between Tamien Station and

Gilroy; (c) Purchase of trackage rights in the South Bay Corridor between Union City and Diridon Station in San Jose.

Negotiator for VTA: Scott Buhrer, Chief Financial Officer
Negotiator for Peninsula Corridor Joint Powers Board: David Miller, General Counsel
Negotiator for Union Pacific Railroad: Robert Starzell, President Corporate Relations

There was no reportable action taken regarding this item.

B. Conference with Real Property Negotiator
[Government Code Section 54956.8]

Capitol Avenue Park and Ride Lot Site (a.k.a. Payless Site)
301-399 South Capitol Avenue, San Jose.
Negotiating Parties: James E. Pierson, VTA Planning and Development Director and Robert Emami, President of ROEM Development Corporation.

Under Negotiation: Price and terms of payment

There was no reportable action taken regarding this item.

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

Santa Clara County Transit District v. Varni, et al. (Santa Clara County Superior Court Case No. CV 762712--Complaint in Eminent Domain)

There was no reportable action taken regarding this item.

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

Homer J. Olsen v. Santa Clara County Transit District (Santa Clara County Superior Court Case Nos. CV785402, CV785531, CV785764, CV786144, CV786451, CV786816)

There was no reportable action taken regarding this item.

E. Anticipated Litigation-Conference with Legal Counsel
[Government Code Section 54956.9(b)]

There was no reportable action taken regarding this item.

ADJOURNED at 9:25 p.m. to the Regular Meeting of VTA's Board of Directors scheduled for Thursday, April 6, 2000, at 6:00 p.m. in the Board of Supervisors' Chambers, County Government Center, 70 West Hedding Street, San Jose, California.