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Board of Directors Meeting

March 01, 2001

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

Summary Minutes




1. CALLED TO ORDER at 6:06 p.m.

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

Members Absent: Alvarado, Beall (Ex-Officio), McHugh

2. ORDERS OF THE DAY

Determined by a 2/3 vote that there is a need to take immediate action on a tentative agreement for purchase of the Vasona rail line from Union Pacific Railroad in order not to delay the imminent construction schedule for the Vasona Light Rail Project and further determined that the need for the action came to the attention of VTA subsequent to the posting of the Agenda.

Motion having passed, the approval of the Vasona purchase was placed on the Agenda as Item # 33.X., Authorize the General Manager to enter into an agreement with the Union Pacific Railroad (UP) to acquire the Vasona I Corridor for $20 million; plus, as additional consideration, construction by VTA of a second track on the Peninsula Corridor Joint Powers Board property from Tamien to Lick. VTA and UP will enter into an agreement setting forth the near, mid and long term goals, objectives and capacity enhancing projects for the Santa Clara to Gilroy portion of the Caltrain System and milestones which will permit additional passenger service, for consideration.

Removed Agenda Item # 33., Authorize the General Manager to execute a contract amendment with Cambridge Systematics for the Valley Transportation Plan 2020 (VTP 2020) Implementation Plan.

Deferred Agenda Item # 20., Authorize the General Manager to execute a contract with R&L Brosamer, Inc., the lowest responsible bidder, in the amount of $37,225,497 for construction of Civil, Track, Signaling and Landscaping improvements, for the Capitol Light Rail Project.

Accepted Orders of the Day.

3. AWARDS AND COMMENDATIONS

A. Employees of the Month

Presented awards to David Leon, River Oaks Administration, and Jorge Rios, Cerone Maintenance, as VTA Employees of the Month for February 2001.

Presented awards to Steve Jovel, Cerone Operations, as VTA Employee of the Month for March 2001 and Anthony Kelly as Supervisor for the Fourth Quarter 2000.

B. Team Award

Presented awards to Anthony Burzota, Art Lira, Joel Perea, Arturo Razo, Thomas Savano and David Travers, the River Oaks Janitor Team, for the Fourth Quarter 2000 Team Award.

C. 2000 VTA Chairperson Blanca Alvarado

Deferred the recognition of 2000 VTA Chairperson Alvarado.

D. VTA Adopt-A-Stop Volunteers

Adopted Resolution No. 01.03.10 recognizing VTA’s Adopt-A-Stop Volunteers for their participation in the Adopt-A-Stop Program.

Presented awards to Mike Aro, Bill Capps, and Wanda Saxton; Michele and Harry Dutra; Susan Napier-Jones; Howard E. Bjerke; Dr. Rod Cryer; Vanessa Hooke; Mrs. Harry Hall and Cadette Girl Scout Troop # 779; Irvin Dawid; Nancy Coss-Fitzwater; Peter Castelino; Louis Shivers, Chris Archuleta, and Ruth Hooper; Angela Snell, Larry Snell, and Roosevelt Green, Jr.; Ron Dews; and to Mary Salcido and the Junior Ranger Club as VTA’s Adopt-A-Stop Volunteers.

Expressed appreciation to all of the Adopt-A-Stop Program Volunteers for their hard work and dedication which has made the program successful. Noted that the concern of the volunteers for the community has been exemplified by the time and effort that was generously devoted to maintaining bus stops and transit facilities throughout Santa Clara Valley.

4. PUBLIC PRESENTATIONS

Received public comments.

5. Held Hearing Regarding Notice of Intention to Adopt a Resolution of Necessity for Caltrain Maintenance Facility Project

Requested information regarding the future phase of the project and additional parcels required.

Provided information regarding future parcels that may be needed.

Closed Hearing and adopted a Resolution of Necessity in connection with the Caltrain Maintenance Facility 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/Rail Surveyors Project Number/Parcel Number

Core Location/RS00-0139/259-26-010-1, 259-26-010-2, 259-26-010-3, 259-26-010-4 Resolution No. 01.03.11

Expressed concern regarding how this facility will be designed and expressed further concern to the sensitivity given to neighborhoods in the area.

CONSENT AGENDA

Removed Agenda Item # 23., from the Consent Agenda and placed on Regular Agenda.

6. Approved the Minutes of the Regular Board of Directors’ Meeting of February 8, 2001.

ADMINISTRATION AND FINANCE COMMITTEE

7. Approved the following appointments and re-appointments to the Citizens Advisory Committee: Elizabeth Zimmermann representing West Valley Cities.

8. Approved the following appointments and re-appointments to the Bicycle Advisory Committee: New Appointments: Ken Olcott representing Los Altos Hills.

9. Approved the appointment of Sharon Umemoto, representing Santa Clara County Office of Education, Special Education Department, to fill an existing vacancy on the Committee for Transit Accessibility in the Human Services Category for a two-year term.

10. Adopted an oppose position for the following pieces of legislation: AB 37 (Strickland) – Sales Tax on Gasoline.

11. Authorized the General Manager to execute a contract with the Metropolitan Transportation Commission (MTC) for an FY2000/2001 Transportation for Livable Communities (TLC) Grant in the amount of $20,000, for conceptual design and engineering of the River Oaks/Guadalupe River Bicycle/Pedestrian Bridge and Path.

12. Adopted Resolution No. 01.03.12 authorizing the General Manager to execute a Transit and Highway Master Agreement and Program Supplement with the California Department of Transportation to receive future State transportation funds.

13. Authorized the General Manager to amend the existing three-year contract with Pinkerton Security (Pinkerton) for armed and unarmed security and protective services by an additional $2,400,000 for a new total in the amount of $12,800,000. Further, extend the term of the existing contract by two one-year renewable options.

14. Authorized the General Manager to execute an amendment to the Capitol Corridor Intercity Rail Service Joint Powers Agreement regarding the Capitol Corridor Joint Powers Board (CCJPB) budget adoption schedule.

15. Authorized the General Manager to execute an amended and restated Cooperative Agreement with the Altamont Commuter Express Joint Powers Authority (ACE) and the Peninsula Corridor Joint Powers Board (PCJPB) for ACE use of a section of Caltrain track, a layover area and two Caltrain stations.

16. Adopted Resolution No. 01.03.13 authorizing the General Manager to execute fund transfer agreements with the State of California Department of Transportation (Caltrans) for Fiscal Years 2000/2001 and 2001/2002 State Transportation Improvement Program (STIP) Planning, Programming and Monitoring Program.

17. Authorized the General Manager to purchase the following insurance for the Highway Program for a total amount not to exceed $9,600,000: Workers Compensation, General Liability and Excess Liability insurance coverage for an Owner Controlled Insurance Program (OCIP) from TIG, Royal Insurance Company of America and Westchester Fire Insurance Company; Builder’s Risk Insurance from Zurich American, Railroad Protective Liability from TIG; and Contractor’s Pollution Liability from American International Group (AIG).

18. Authorized the General Manager to increase the Capital Budget by $8,050,000 to implement an agency-wide information system to manage capital construction projects, and further authorize the General Manager to amend existing contracts with the following Bay Area companies that are currently providing VTA with Information Services Support: Hal Kinnion, Modis, Systems Consulting Consortium, Transnational Computer Technology, Compaq, F1, Playatec, Brightstar, and ProsourceXL.

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

19. Authorized the General Manager to execute Amendment No. 1 to the agreement with HSR, Inc., for hazardous waste removal services augmenting the contract amount by $200,000 for a total contract value of $651,479.

20. (Removed from the Agenda.)

Authorize the General Manager to execute a contract with R&L Brosamer, Inc., the lowest responsible bidder, in the amount of $37,225,497 for construction of Civil, Track, Signaling and Landscaping improvements, for the Capitol Light Rail Project.

21. Authorized the General Manager to execute a contract with Tennyson Electric, Inc., the lowest responsible bidder, in the amount of $309,000 for construction of the Tasman West Light Rail Project - Electrical Completion Contract. The Tasman West Project is 75 percent federally funded.

22. Authorized the General Manager to execute a contract with Graniterock, Inc., in the amount of $272,685 for the construction of Ellis/US 101 ramps and traffic signals on the Tasman West Light Rail Project. The Tasman West Project is 75 percent federally funded.

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

Expressed interest regarding the ridership on Line # 22 and queried whether there is a line that comes close regarding ridership. Further queried the need for a project manager.

Noted the importance of a cohesive management program.

Authorized the General Manager to execute a contract with Commuter Associates to provide project management services for the Line 22 Bus Rapid Transit (BRT) Project for a cost not to exceed $300,000.

24. Authorized the General Manager to execute Amendment No. 3 with Yvette Xu, dba YX Engineering for Project Management Services for the Passenger Facilities Expansion Unit, increasing the approved contract amount by $50,000 for a new value not to exceed $147,750 and extending the term by four months to June 30, 2001.

25. Authorized the General Manager to execute a contract with Aram Enterprises, Inc., dba A.R. Construction Co., the lowest responsible bidder for the Shop Building Expansion for the Guadalupe Light Rail Vehicle (LRV) Facility Expansion Project in the amount of $11,385,448. This contract is 56% federally funded.

REGULAR AGENDA

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON’S REPORT – JP Kennedy

*26. Adopted Ordinance No. 01.1, 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, and to include the purposes specified in Measure A for which the tax may be used.

27. Approved the 1996 Measure B baseline scope, baseline schedule and baseline cost estimate for the Route 880 Widening Project, in accordance with Article V – Project Definition of the Master Agreement with the County of Santa Clara; and authorize the General Manager to amend the project budget to $60.4 million and forward the recommended project budget to the County Board of Supervisors for approval.

Staff provided an update regarding the Route 880 Widening Project.

28. Approved the 1996 Measure B baseline scope, baseline schedule and baseline cost estimate for the Route 101 Widening Project, in accordance with Article V – Project Definition of the Master Agreement with the County of Santa Clara.

Staff provided a report regarding the proposal to go to a 100 percent low-floor light rail fleet including issues relative to financial transactions.

Expressed concern regarding the magnitude of this expenditure and requested staff return with specific plans or processes addressing the service and expansion of our bus transit system as well as Caltrain service that is needed.

Provided advantages of low-floor light rail vehicles to light rail operators.

Margaret Okuzumi, Peninsula Rail 2000, expressed concern regarding the inability of the public to look at these prototypes before having the chance to increase the purchase.

Member Dando stated the importance of meeting commitments to persons with disabilities and further stated the financial advantages of this purchase.

Requested that staff return to the Board with information regarding bus service and Caltrain service, specifically to South County.

Staff will provide specifics requested regarding bus service and Caltrain service at the Workshop on March 30, 2001.

29. Increased the capital budget by $225,000,000 and further authorized the General Manager to amend the contract with Kinkisharyo International LLC to reduce the option quantity purchase price by $301,000 per low-floor light rail vehicle and increase the option quantity from 20 to 70 vehicles and elect to execute the option quantity; and, further authorize the General Manager to negotiate a restructuring or termination or transfer (or combinations thereof) of the 1987 Safe Harbor Lease (TBT) and 1998 U.S. Leverage Lease Transaction (LILO) on the existing 50 UTDC light rail vehicles (LRV) and included in the Motion to direct staff to bring to the Board at the March 30, 2001, Workshop a complete report back on items that Board Member Kennedy raised.

Extended an invitation to the Administration and Finance Committee Workshop on Friday, April 27, 2001, at 9:00 a.m.

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

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 – D Kennedy

30. Adopted Resolution No. 01.03.14 finding that the procurement of Systemwide Signaling and Communication Equipment for the Tasman East, Vasona, and Capitol Light Rail Projects through competitive negotiation is appropriate, as provided in Public Contract Code � 20306.

31. Authorized on a vote of 10 ayes to 0 noes to 1 abstain the General Manager to execute a contract with Earth Tech for the preparation of the VTA South Bay Transit Corridor Major Investment Study/Environmental Impact Statement/Environmental Impact Report (MIS/EIS/EIR) in an amount not to exceed $6,507,690. Member Dennis Kennedy abstained.

Commented that a very important aspect of this part of the study is community involvement.

Vice Chairperson Gonzales left his seat at 7:10 p.m.

Member Yeager took his seat at 7:10 p.m. as a Group I Representative.

32. Received and filed the April 2001 Service/Staffing Balancing Plan.

OTHER ITEMS

The Agenda was taken out of order.

3. D. VTA Adopt-A-Stop Volunteers (continued)

Presented award to Anna Santo.

31. Authorized on a vote of 10 ayes to 0 noes to 1 abstain the General Manager to execute a contract with Earth Tech for the preparation of the VTA South Bay Transit Corridor Major Investment Study/Environmental Impact Statement/Environmental Impact Report (MIS/EIS/EIR) in an amount not to exceed $6,507,690. Member Dennis Kennedy abstained. (Continued)

Noted a Communication Card oversight on Agenda Item # 31, Authorize the General Manager to execute a contract with Earth Tech for the preparation of the VTA South Bay Transit Corridor Major Investment Study/Environmental Impact Statement/Environmental Impact Report (MIS/EIS/EIR) in an amount not to exceed $6,507,690.

Received comments from Ms. Okuzumi regarding the MIS/EIS/EIR.

33. (Removed from the Agenda.)

Authorize the General Manager to execute a contract amendment with Cambridge Systematics for the Valley Transportation Plan 2020 (VTP 2020) Implementation Plan.
33X. Staff provided a report regarding the acquisition of the Vasona I Corridor and construction by VTA of a second track on the Peninsula Corridor Joint Powers Board property from Tamien to Lick.

Expressed appreciation to staff for hard work over the last two years on this project.

Queried whether light rail will go to Great Mall this summer.

Authorized the General Manager to enter into an agreement with the Union Pacific Railroad (UP) to acquire the Vasona I Corridor for $20 million; plus, an additional consideration, construction by VTA of a second track on the Peninsula Corridor Joint Powers Board property from Tamien to Lick. VTA and UP will enter into an agreement setting forth the near, mid and long term goals, objectives and capacity enhancing projects for the Santa Clara to Gilroy portion of the Caltrain system and milestones which will permit additional passenger service.


34. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no Items of Concern and Referral to Administration.

35. LEGISLATIVE REPORT (Verbal Report)

Received the Legislative Report.

36. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the agenda packet.

37. 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 March 1, 2001, highlighting: 1) Authorized execution of a Fund Transfer Agreement to receive $5 million of Traffic Congestion Relief Program funds for the Caltrain Express project; 2) Authorized the lease of seven rail cars from Amtrak for Pac Bell Park service; 3) By a vote of seven in favor and two opposed, those two being VTA Director Yeager and VTA Board of Directors Chairperson Valerio opposed, approved in concept formation of a joint powers agency between the Peninsula Corridor Joint Powers Board, City and County of San Francisco and AC Transit for the purpose of developing, designing, constructing and operating a new intermodal transit facility on and adjacent to the site of the existing Transbay Terminal in San Francisco, to serve Caltrain and other regional and intercity transportation systems, subject to: a) Approval of the terms of the Joint Powers Agreement by the JPB’s Advisory Committee on the Transbay Terminal/Caltrain Extension in consultation with the Executive Director and Legal Counsel; and b) The understanding that the JPB will have no responsibility for defraying costs of the new Authority; 4) Received a report regarding VTA’s Measure A of 2000 projects; and 5) Received a report regarding compliance with the Brown Act as it relates to the public’s rights while attending a meeting.

Ms. Okuzumi expressed disappointment in the vote from Santa Clara County representatives regarding the Transbay Terminal.

Provided an explanation regarding opposition to the process and lack of analysis of the Transbay Terminal issue.

Staff noted concern caused by lack of opportunity to review this issue or to discuss its implications with the Metropolitan Transportation Commission.

B. Capitol Corridor JPB

Heard a report relative to issues addressed at the Capitol Corridor Joint Powers Board (CCJPB) meeting on February 21, 2001, highlighting: 1) Elected Kathy Sands of the Placer County Transportation Planning Agency as Vice-Chairperson of the Capitol Corridor Joint Powers Board; 2) Approved an amendment to the JPB by-laws to reflect the change in the date of the regular JPB meetings; 3) Approved an agreement for targeted promotions and advertising for business and college travel on Capitol Corridor trains; 4) Authorized the execution of a Fund Transfer Agreement with the State for $450,000 for preliminary engineering and environmental documentation for Sacramento to Roseville track improvements; 5) Approved renewal of the Capitol Corridor Interagency Transfer Agreement with the State for an additional three years; and 6) Approved the February 2001 update to the Capitol Corridor Business Plan.

C. Altamont Commuter Express (ACE) Joint Powers Board

Heard a report relative to issues addressed at the ACE Joint Powers Board Meeting on February 12, 2001, highlighting: 1) Administered the oath of office to VTA Director Forrest Williams; 2) Approved a recommendation to name Locomotive 3101 in memory of San Joaquin County Supervisor Robert Cabral for his contributions to ACE’s start up and success; 3) Approved the train schedule for the third round trip service; and 4) Approved completing the deferred obligations and committing to payments required to initiate third and fourth round trip train service.

D. Metropolitan Transportation Commission (MTC)

Heard a report relative to the issues addressed at the MTC Meeting on February 28, 2001, highlighting: 1) Wished itself a Happy Thirtieth Birthday as of yesterday, February 27; 2) Congratulated Supervisor Jim Beall on his just-completed two years’ service as MTC Chair and for his (to-date) 14-year tenure on the Commission; 3) Elected Sharon Brown (representing the cities of Contra Costa County) as MTC Chairperson, and Stephen Kinsey (representing Marin County and cities) as Vice Chairperson of the Commission; and 4) Affirmed that $9.87 million in capital funds are available for FY 2000-01 for their “Transportation for Livable Communities” (TLC) program, and adopted project selection procedures. (Note: The City of Santa Clara, Caltrain, VTA and Catholic Charities are scheduled to receive $40,000 under this program for the Sereno Quadrant Strategic Bus Transit Center/Affordable Housing Concept Plan.)

38. 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 PAB

Received a report from the Downtown/East Valley Policy Advisory Board highlighting: 1) Appointment of Supervisor Blanca Alvarado, Supervisor Pete McHugh, Council Member Cindy Chavez as new members to the Downtown/East Valley Policy Advisory Board and 2) The anticipated next scheduled meeting of the Downtown/East Valley PAB will take place in April 2001.

Extended an invitation to the groundbreaking ceremony on March 29, 2001.

39. REPORT FROM THE CHAIRPERSON

Presented a five-year service pin to Member Nadler.

Requested and received approval from the Board to appoint Chairperson Valerio to the ACE Board.

40. REPORT FROM THE GENERAL MANAGER

Received a report from the General Manager highlighting: 1) two of the new Light Rail Vehicles were delivered yesterday; 2) suggested the prudence of the Board of Directors adopting a framework for BART negotiations; 3) Correspondence with the Department of Fish and Game that may have significant implications that will involve the city and the county; and 4) On April 2, 2001, VTA will begin the Yield-to-Bus Test Program.

Requested a clear understanding of the negotiations in terms of content and framework and further clarification in general terms regarding what was put on the table when BART was expanded.

Requested information regarding the Department of Fish and Game as soon as possible.

41. ANNOUNCEMENTS

Announced the removal of Agenda Item 42.A., Conference with Legal Counsel - Existing Litigation [Government Code Section 54956.9(a)]; Santa Clara Valley Transportation Authority v. Luh; (Santa Clara County Superior Court Case No. CV 788377) and Agenda Item 42.B., Conference with Legal Counsel - Existing Litigation [Government Code Section 54956.9(a)]; ATU Local 265 & Tom Loproto v. SCCTD; (Santa Clara County Superior Court Case No. 786193) from the Agenda.

42. CLOSED SESSION at 7:50 p.m.

Member Nadler left her seat at 7:50 p.m.

Member Gage left his seat at 7:52 p.m.

Member Dennis Kennedy left his seat at 8:21 p.m.

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

Santa Clara Valley Transportation Authority v. Luh
(Santa Clara County Superior Court Case No. CV 788377)

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

ATU Local 265 & Tom Loproto v. SCCTD
(Santa Clara County Superior Court Case No. 786193)

C. Conference with Legal Counsel – Anticipated Litigation
[Government Code Section 54956.9(b)(1)]

Significant exposure to litigation pursuant to Government Code Section
54956.9(b) (1): One potential case.

Announcement by PG&E that it will not underground utilities on Capitol Avenue in the Cities of San Jose and Milpitas.

RECONVENED TO OPEN SESSION at 8:29 p.m.

CLOSED SESSION REPORT

C. Conference with Legal Counsel – Anticipated Litigation
[Government Code Section 54956.9(b)(1)]

Significant exposure to litigation pursuant to Government Code Section
54956.9(b) (1): One potential case.

Announcement by PG&E that it will not underground utilities on Capitol Avenue in the Cities of San Jose and Milpitas.

There was no reportable action taken during Closed Session.

44. ADJOURNED at 8:30 p.m.