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Board of Directors Meeting

February 08, 2001

San Jose Council Chambers
San Jose City Hall
801 North First Street
San Jose, California

Summary Minutes

1. CALLED TO ORDER 12:10 p.m.

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

Members Absent: Dando, Eakins, 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 Larry Brownell, North Operations, as VTA Employee of the Month of February 2001. David Leon, River Oaks Administration, and Jorge Rios, Cerone Maintenance, were unable to attend.

Member Yeager took his seat at 12:14 p.m.

B. Five-Year Service Awards

Presented awards to Chairperson Valerio and Member Gonzales.

4. PUBLIC PRESENTATIONS

There were no Public Presentations.

5. Held Hearing – Notice of Intention to Adopt a Resolution of Necessity – Capitol Light Rail Project on the following parcels:

Property ID Number/Owner/Assessors Parcel Number

1. 7613/Syufy Enterprises/245-05-010 Resolution No. 01.02.07
2. 7685, 7703/ Teng, James Z. & Caska C. Trustee, et al/484-56-046, 484-56-047 Resolution No. 01.02.08
4. 7706, 7780/Capitol Square Partners/592-19-020, 592-19-006 Resolution No. 01.02.09

Received public comments opposing adoption of Resolutions of Necessity.

Inquired about communications with VTA staff.

Directed the attention of the Directors to the maps for Parcels 7706 & 7780 Capitol Square Partners, and inquired about the amount of land that is a permanent fee take.

Inquired about the statement that VTA is taking land not needed.

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:

3. 7691, 7693, 7701, 7705/Roem Development Corporation/484-44-003, 484-44-057, 484-44-011, 484-44-012 (REMOVED)

CONSENT AGENDA

6. Approved the Minutes of the Regular Board of Directors’ Meeting of December 14, 2000.

7. Approved the Minutes of the Regular Board of Directors’ Meeting of January 11, 2001.

ADMINISTRATION AND FINANCE COMMITTEE

8. Approved the 1996 Measure B baseline scope, baseline schedule and baseline cost estimate for the 85/87 Interchange Project, in accordance with Article V – Project Definition of the Master Agreement with the County of Santa Clara.

9. Authorized the General Manager to execute a contract with Nolte Associates, Inc. for conceptual study services for the I-680/I-880 Cross Connector Project in an amount not to exceed $500,000; and authorize the use of $500,000 from the Gateway Studies Fund; and authorized the General Manager to amend the Fiscal Year 2000-01 VTA Budget to incorporate this project.

10. Authorized the General Manager to execute a contract with URS Corporation for the design of the 1996 Measure B Transportation Improvement Program Consolidated Biological Mitigation Project and implementation of project mitigation services for an amount not to exceed $300,000.

11. Approved the FY 2000-01 Revised Operating and Capital Budgets.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

12. Approved the 2000 Monitoring & Conformance Report and Conformance Findings.

13. Approved the transfer of $1.1 million in 1998 State Transportation Improvement Program (STIP) funds from the I-680/I-880 Cross Connector Study and program $1.0 million to the SR-237 Pump Station Project and $100,000 to the Santa Clara County Regional Improvement Program (RIP) Share Reserve.

TRANSIT PLANNING AND OPERATIONS COMMITTEE

14. Authorized the General Manager to execute a Construction and Maintenance Agreement with the Union Pacific Railroad (UPRR) in an amount not to exceed $450,000 for construction of two railroad crossing modifications along the Tasman East Light Rail Project.

15. Authorized the General Manager to execute an Agreement for Relocation of TCI Cablevision of California/AT&T Facilities required for the Tasman West, Tasman East, Capitol, and Vasona Light Rail Projects.

16. Authorized the General Manager to execute an amendment to the agreement with Booz-Allen & Hamilton, for commuter rail rolling stock engineering support and inspection services during procurement and car assembly in the amount of $750,000 for a new contract authorization not to exceed $5,250,000 and extend the agreement through June 2004.

REGULAR AGENDA

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

17. Amended the Santa Clara Valley Transportation Authority 30-year Transit Tax Ordinance to include the purposes specified in Measure A for which the tax may be used. (First Reading of Ordinance)

Commented about the electrification and double tracking of Caltrain.

Counsel clarified that the amendment, for purposes of the ordinance, incorporate what appeared in the ballot language.

Staff noted that the electrification and double tracking of Caltrain is incorporated in the Valley Transportation Plan 2020 (VTP 2020) and will be included in the continuation of the VTP 2020 Expenditure Plan.

18. Approved Alternative 2, the six-lanes plus two High Occupancy Vehicle lanes alternative, as described in the Draft Environmental Impact Report for Route 101 Widening Project, as the preferred alternative; and forward this recommendation to the County Board of Supervisors and Caltrans.

Received public comments regarding growth-inducing impacts.

Noted that the Santa Clara County Board of Supervisors approved unanimously.

19. Authorized the General Manager to execute a contract with L.B. Foster, Co., the lowest responsible bidder, in the amount of $841,455 to procure steel piles necessary for bridge foundation construction on the I-880 Widening and Route 101 Widening projects.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE
CHAIRPERSON’S REPORT – BLANCA ALVARADO

20. Received and filed Programmed Projects Quarterly Monitoring Report.

TRANSIT PLANNING AND OPERATIONS COMMITTEE
CHAIRPERSON’S REPORT – DENNIS KENNEDY

21. Authorized the General Manager to execute a contract amendment with the Peninsula Corridor Joint Powers Board (PCJPB) for support services during the construction phase of the Vasona Light Rail Project in an amount not to exceed $3,000,000, and further authorize the General Manager to execute a Construction and Maintenance Agreement with the PCJPB.

22. Authorized the General Manager to execute a contract with Golden Bay Construction, Inc., the lowest responsible bidder for the Line 22 Rapid Bus Corridor Phase I Project, in the amount of $657,130.

Inquired about the process to ensure the best bidder.

Inquired if Line 22 is an alternative to Line 122 and whether or not concerns about Line 122 were being addressed.

Staff noted the performance of Line 122 is being re-evaluated and commented on service requirements.

Staff re-affirmed that VTA will continue to work with staff of the respective municipalities along Line 22 to maximize coordination of the traffic signals.

23. Authorized the General Manager to execute a contract with New Flyer of America, Inc., for the purchase of 40 new 60-foot low-floor articulated buses and related equipment in the amount of $20,547,664. A portion of this procurement is federally funded.

Inquired about other vendor being deemed non-responsive.

Requested that staff describe the method of procurement and category of responsibility.

OTHER ITEMS

24. Heard Agenda Items #24 and #25 concurrently.

Received public comments regarding award of the contract to L.B. Foster.

Thanked members of the public and the labor community for addressing the Board of Directors.

Authorized 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, and further authorized 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, with the following conditions: 1) Direct staff to review the criteria for defining “responsible” bidders and extending those criteria not only to the principal contractor but to supporting subcontractors as well; 2) In reviewing criteria, direct staff to consider such sources as recent guidelines issued by the federal and state governments on contractor and/or subcontractor responsibility. Other local transit agencies may also have useful information; 3) Encourage staff to work with, solicit information from, and consult with representatives of the South Bay Labor Council in preparing a report on this matter to the Board of Directors; 4) Any new criteria recommended should be legally sound and maintain the fairness of the procurement process; and, 5) No future contracts for the procurement of special trackwork and running rail should be considered by the Board until this issue has been brought back to the Board for consideration and addressed to the Board’s satisfaction.

Ex-Officio Member Beall took his seat at 1:15 p.m.

Acknowledged the memorandum from Mayor Gonzales regarding VTA Special Trackwork and Running Rail Procurement Contracts.

Expressed concern about being in a position of having to vote for a contractor that is of concern.

Commented about having discussion regarding criteria, consistent criteria with primarily two outcomes: continue to provide quality services to the community and that there are options.

Clarified that the motion was not a statement to the quality of the materials.

Requested consideration of separating the criteria and authorization for staff to execute the contract separately.

Commented that it is important that VTA’s standards reflect what is happening in the community.

Expressed concern that labor and safety standards be included as a part of the criteria.

Commented that it is important to include all the Board Members regarding these procedures over the next 90 days to ensure thorough review and to be part of that discussion.

Requested that VTA staff establish the criteria and process for procurement as outlined by Mayor Gonzales in his memorandum and return back to the Board of Directors within 90 days.

Approved on a vote of 8 ayes to 3 noes to 0 abstentions to 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. (Members Alvarado, Chavez and Lieber opposed.)

Approved on a vote of 8 ayes to 3 noes to 0 abstentions to 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. (Members Alvarado, Chavez and Lieber opposed.)

25. Heard concurrently with Agenda Item #24.

26. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no Items of Concern and Referral to Administration.

27. LEGISLATIVE REPORT

Heard a report from staff relative to state and federal issues of interest, highlighting: 1) the appointment of Barbara Boxer to the Surface Transportation Subcommittee of the Senate Commerce Committee; 2) appointment of Mike Honda to the Highways and Transit Subcommittee of the House Transportation Infrastructure Committee; and, 3) February 23, 2001, is the deadline for introduction of bills to California State Legislature for this year.

Member Alvarado left the meeting at 1:25 p.m. and Member McHugh took his seat as Group 5 Representative.

Received public comment regarding the introduction of SB 180 (Spear)

28. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the agenda packet.

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

A. Peninsula Corridor JPB

Heard a report that the Peninsula Corridor JPB, at its meeting on February 1, 2001: 1) administered the oath of office to new JPB members VTA Director Ken Yeager and San Francisco Supervisor Tony Hall; 2) approved the Construction and Maintenance Agreement with VTA regarding construction of the Vasona light rail project; 3) received updates regarding the Caltrain Safety Program and Horn Noise Mitigation Program; 4) received the Quarterly Capital Program Status Reports for October 1, 2000 to December 31, 2000; 5) approved a recommendation to conduct two-weekend train service shutdowns each Spring and Fall to complete railroad repair and improvement projects; and, 6) expressed the JPB’s willingness to operate the proposed Dumbarton Bridge rail service, subject to a full and equitable funding commitment from relevant participants for operating and capital costs.

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, January 24, 2001: 1) appointment of Jim Beall as the MTC representative on the South Bay Policy Advisory Committee; 2) nomination of Sharon Brown (representing Contra Costa County Cities) as MTC Chair and Steve Kinsey (representing Marin County and Cities) as MTC Vice Chair for the 2001 year; 3) new commissioners: Mike Nevin (San Mateo County), Tom Ammiano (San Francisco County), Mike Haggerty (Alameda County), pending nomination for Association of Bay Area Governments (ABAG), pending nomination for Bay Area Conservation Development Commission; and, 4) Transportation Development Act Fund Estimate.

30. 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

Heard a report that the Vasona Light Rail PAB, at its meeting on Monday, February 5, 2001: 1) elected Jane P. Kennedy as Chairperson and Cindy Chavez as Vice Chairperson for the PAB and the members are Ken Yeager, Jim Beall and Joe Pirzynski; 2) a report from staff on the Project status; 3) requested staff prepare cost estimates and a timeline for extending the Project to Vasona Junction in Los Gatos; 4) groundbreaking ceremony is scheduled for March 29 at the San Jose Diridon Station; and, 5) a status report on the coordination of the Bascom Station with San Jose redevelopment efforts was heard.

C. South Bay Transit Corridor PAB

There was no report on the South Bay Transit Corridor 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.

The Agenda was taken out of order.

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

Received public comment regarding the California High Speed Rail Authority Town Hall Meeting at San Jose State University on February 15, 2001.

31. REPORT FROM THE CHAIRPERSON

Appointed Board Members to the following Policy Advisory Boards: South Bay Transit Corridor: Blanca Alvarado, Manuel Valerio; Tasman East/Capitol Corridor: David Cortese.

Announced the availability of a seat for a VTA Board Member on the Downtown/East Valley PAB and requested that if there is interest in serving on the PAB to advise him or the Board Secretary.

Inquired about the status of the South Bay Highway PABs.

Staff advised that dates for meetings should be set with the members next week.

32. REPORT FROM THE GENERAL MANAGER

Heard a report from staff relative to: 1) decrease in vacancies at VTA; 2) 26 operators in training; 3) shortage of operators and mechanics; 4) continuation of recruitment program; and, 5) status of Deficiency Plan.

Presented Jim Beall with a Five-Year Service Award.

33. ANNOUNCEMENTS

Counsel noted that Item D of the Closed Session has a typographical error, it is existing litigation under Government Code Section 54956.9(a).

34. CLOSED SESSION at 1:43 p.m.

Ex-Officio Member Beall left the meeting at 1:46 p.m.

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

Property: E/S N. Capitol Ave., from Gay Avenue to Riverrun Dr.
San Jose, CA (Parcel 7686, Capitol Light Rail Project)

Negotiating Parties: Ross Dalpre, Real Estate Manager
Jim Sullivan, Braddock & Logan Group

Under negotiation: Price and terms of payment

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

Property: 68 and 78 South Montgomery Street
San Jose, CA (Parcel VO15, Vasona Light Rail Project)

Negotiating Parties: Ross Dalpre, Real Estate Manager
Timothy Starbird for the Owners

Under negotiation: Price and terms of payment

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

Property: 1201 North Capitol Ave.
San Jose, CA (Parcel CP002, Capitol Light Rail Project)

Negotiating Parties: Ross Dalpre, Real Estate Manager
Otilia Moraes, Owner and Larry Sutton, Esq.

Under negotiation: Price and terms of payment

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

Santa Clara Valley Transportation Authority v. Casho
(Santa Clara County Superior Court Case No. CV 794242--Complaint in Eminent Domain)

E. 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)

F. Rivera v. Santa Clara Valley Transportation Authority
Santa Clara County Superior Court Case No. CV 779801

RECONVENED TO OPEN SESSION at 1:53 p.m.

35. CLOSED SESSION REPORT

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

Property: E/S N. Capitol Ave., from Gay Avenue to Riverrun Dr.
San Jose, CA (Parcel 7686, Capitol Light Rail Project)

Negotiating Parties: Ross Dalpre, Real Estate Manager
Jim Sullivan, Braddock & Logan Group

Under negotiation: Price and terms of payment

There was no reportable action taken during Closed Session.

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

Property: 68 and 78 South Montgomery Street
San Jose, CA (Parcel VO15, Vasona Light Rail Project)

Negotiating Parties: Ross Dalpre, Real Estate Manager
Timothy Starbird for the Owners

Under negotiation: Price and terms of payment

There was no reportable action taken during Closed Session.

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

Property: 1201 North Capitol Ave.
San Jose, CA (Parcel CP002, Capitol Light Rail Project)

Negotiating Parties: Ross Dalpre, Real Estate Manager
Otilia Moraes, Owner and Larry Sutton, Esq.

Under negotiation: Price and terms of payment

There was no reportable action taken during Closed Session.

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

Santa Clara Valley Transportation Authority v. Casho
(Santa Clara County Superior Court Case No. CV 794242--Complaint in Eminent Domain)

E. 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.

F. Rivera v. Santa Clara Valley Transportation Authority
Santa Clara County Superior Court Case No. CV 779801

There was no reportable action taken during Closed Session.

36. ADJOURNED at 1:53 p.m.