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Board of Directors Meeting

May 03, 2001

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

Summary Minutes

1. CALLED TO ORDER at 6:10 p.m.

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

Members Absent: Chavez

2. ORDERS OF THE DAY

Removed Agenda Item #5., Hearing – Notice of Intention to Adopt a Resolution of Necessity – Capitol Light Rail Project.

Removed Agenda Item #6., Hearing – Notice of Intention to Adopt a Resolution of Necessity – Capitol Light Rail Project.

Deferred Agenda Item #30., Authorize the General Manager to execute a contract in the amount of $42,270,126 with Desilva Gates  Harris, A Joint Venture of Desilva Gates Construction and R.M. Harris Company, the lowest responsible bidder, for construction of the I-880 Widening project, a 1996 Measure B Transportation Improvement Program project. This project is 28 percent federally funded.

Deferred Agenda Item #35., Approve reprogramming of $1.6 million in Federal Surface Transportation Program (STP) funds from the City of Sunnyvale’s Wolfe/El Camino Road Widening Project to the June 7, 2001 Board of Directors Meeting.

Replaced Agenda Item #28. with Agenda Item #28.X. to Adopt authorizing the General Manager or Chief Financial Officer to take all necessary steps for VTA to issue bonds through a competitive bid process in an amount not to exceed $200,000,000; authorize the General Manager to execute a contract extension with Orrick, Herrington & Sutcliffe LLP, for bond and disclosure counsel services related to the bond financing, in an amount not to exceed $120,000; authorize the General Manager to execute a contract with Ross Financial for financial advisory services related to the bond financing, in an amount not to exceed $55,000; authorize the General Manager to incur ancillary debt financing costs not to exceed $225,000; and further commit VTA, as the Congestion Management Agency, to secure appropriate non-Measure B funding for a Countywide Expressway Study in an amount of not less than $1,000,000 but not to exceed $2,000,000.

Added Addendum Item #35.X. Adopt a Resolution in support of exempting VTA and all California rail transit properties from rolling electrical blackouts, consistent with the California Transit Association Rail Operations and Regulatory (CTA ROAR) Committee’s Joint Petition, filed in response to the California Public Utilities Commission (CPUC) Order Instituting Rulemaking (OIR) #00-10-002.
Received a request from Board Member Alvarado that staff evaluate the VTA Board of Directors Policy on Bus Shelters relative to maintenance and cleaning and further requested that this report be made available for discussion at the Board of Directors Meeting of June 7, 2001.

Accepted Orders of the Day.

3. AWARDS AND COMMENDATIONS

A. Employees of the Month

Presented an award to Adrian Izquierdo, Cerone Maintenance, as VTA Employee of the Month for May 2001.

4. PUBLIC PRESENTATIONS

Received public comments regarding: 1) Tasman East Light Rail Project phases; 2) memo regarding criteria for determining responsible bidders and trustworthiness; applicability to subcontractors; 3) review of light rail schedules to enable passengers to make connections; 4) platform for 2001 Regional Transportation Plan (RTP); and 5) release of the RTP to the public.

5. (Removed from the Agenda.)

Hearing – Notice of Intention to Adopt a Resolution of Necessity – Capitol Light Rail Project (2/3 Vote Required for Adoption)

Close hearing and adopt 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, direct the filing of eminent domain proceedings for the acquisition of certain real property as follows:

Property ID Number/Owner/Assessors Parcel Number

7640 (CP021)/East Side Union High School District/APN: 592-01-014

6. (Removed from the Agenda.)

Hearing – Notice of Intention to Adopt a Resolution of Necessity – Capitol Light Rail Project (2/3 Vote Required for Adoption)

Close hearing and adopt 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, direct the filing of eminent domain proceedings for the acquisition of certain real property as follows:
Property ID Number/Owner/Assessors Parcel Number
7691, 7693, 7701, 7705 (CP061, CP062, CP147, CP148)/Roem Property/
APN:484-44-003, 484-44-057, 484-44-011, 484-44-012

7. Hearing – Notice of Intention to Adopt Resolutions of Necessity – Vasona Light Rail Project (2/3 Vote Required for Adoption)

Property ID Number/Owner/Assessors Parcel Number

1. V008/Leo J. Bianchi/APN: 259-38-044 Resolution No. 01.05.25
2. V041-01, V041-02/Fainbarg et al/ APN: 279-32-001 Resolution No. 01.05.26
3. V058-01, V058-02/Sobrato Group/APN: 264-06-092 Resolution No. 01.05.27
4. V059-01, V059-02, V059-03/Green Valley Corporation, et al/ APN: 264-08-057 Resolution No. 01.05.28
5. V060-01, V060-02, V060-03/Kovich Properties, L. P./ APN: 264-07-075, 264-07-076 Resolution No. 01.05.29

Closed hearing and adopted Resolutions of Necessity in connection with the Vasona Light Rail Project from six owners for the civil construction contracts C325 Downtown and C326 San Jose/Campbell segments, 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 certain real property, as amended.

Noted the following parcels were removed from consideration:

6. V072-01, V072-02/Pacific Gas and Electric Company/APN 282-24-002 (Removed from the Agenda.)

CONSENT AGENDA

8. Approved the Minutes of the Regular Board of Directors’ Meeting of April 5, 2001.

ADMINISTRATION AND FINANCE COMMITTEE

9. Received and filed the 2001 First Quarter Attendance Report for VTA Board of Directors, VTA Board Standing Committees and VTA Board Advisory Committees.

10. Approved a leave of absence for Thomas Slack, Committee Member for Transit Accessibility, representing Group II (Los Altos, Los Altos Hills, Mountain View, Palo Alto and Santa Clara) through May 31, 2001.

11. Approved the following appointments and/or re-appointments to the Citizens Advisory Committee, Dolores “Dolly” Sandoval of Cupertino representing Environmental and Cynthia James of Los Gatos representing the County of Santa Clara.

12. Authorized the General Manager to execute an Agreement for Dedication with Castle South LLC, a California limited liability company, covering approximately 0.107 acres or 4,656 square feet of surplus land located south of San Fernando Street and west of Peninsula Corridor Joint Powers Board Diridon Train Yard in San Jose for no less than $117,100 ($25.15 per square foot).

13. Authorized the General Manager to enter into an agreement with the Oracle Corporation for the purpose of establishing a site license for five years in an amount of $1,395,000.

14. Authorized the General Manager to execute a three-year contract with Macias, Gini & Company LLP to provide financial and compliance audit services to the Authority at a cost of $406,199. Further, authorized the General Manager to extend the contract for two additional one-year terms at a total price not to exceed $350,000 for both years.

15. Authorized the General Manager to purchase insurance coverage from ICW Group, Zurich American Insurance Group, the National Flood Insurance Program, Caliber One Indemnity Company, Specialty Surplus Insurance Company, Royal Indemnity, Great American, Fidelity & Deposit, and Continental Casualty Company, in an amount not to exceed $818,000 for FY 2001/02 insurance coverages.

16. Authorized the General Manager to execute a Cooperative Agreement with the California Department of Transportation (Caltrans) covering construction of the 1996 Measure B Transportation Improvement Program – Route 85/87 Interchange Completion Project.

17. Authorized the General Manager to amend the contract with URS Corporation for preliminary engineering, environmental clearance and final design of the I-880/Coleman Avenue Interchange Project, increasing the approved contract by $4,587,755 for a new not to exceed total contract value of $4,677,755 and extending the contract term to December 2002.

18. Authorized the General Manager to execute a Master Agreement with the California Highway Patrol for Traffic Control Services during construction of the 1996 Measure B Transportation Improvement Program Highway Projects, for an amount not to exceed $910,000 and an agreement term extending through December 31, 2005.

19. Authorized the General Manager to execute a Cooperative Agreement with the California Department of Transportation (Caltrans) covering construction of the 1996 Measure B Transportation Improvement Program – Route 101 Widening Project.

20. Authorized the General Manager to amend the contract with Valley Highway Associates for Program Management, Project Controls and Construction Management services for the VTA Highway Program, increasing the approved contract by $5,755,000 for a new not to exceed contract value of $7,255,000 and extending the term of the contract by one year from July 1, 2004 to June 30, 2005.

CONGESTION MANGEMENT PROGRAM AND PLANNING COMMITTEE

21. Approved project priorities for the 2001/02 Countywide Transportation Development Act (TDA) Article 3 Program and approved rescind/reallocation requests.

22. Approved programming $2.3 million in Transportation Fund for Clean Air Program Manager (TFCA 40%) funds to projects in the Fiscal Year 2001/02 Cycle and to the Tier 1 Bicycle Expenditure Program.

23. Approved distribution of the Draft Fiscal Year 2001-02 Congestion Management Program Work Program, Budget and Member Agency Fees to Member Agencies for review and comment.

TRANSIT PLANNING AND OPERATIONS COMMITTEE

24. Authorized the General Manager to amend the contract with Stacy and Witbeck, Inc., for Baypointe Track, Station, and Overhead Contact System (OCS) construction, by an amount of $109,594 in order to resolve all outstanding contract changes, for a revised contract amount of $9,254,525. The project is 10 percent federally funded.

25. Authorized the General Manager to execute a contract with George Bianchi Construction, Inc., the lowest responsible bidder, in the amount of $591,403 for construction of the Tasman West Light Rail Project – Completion Contract Phase II. The Tasman West Project is 75 percent federally funded.

26. Authorized the General Manager to execute a contract with Bond Blacktop, the lowest responsive and responsible bidder, for replacement paving maintenance and repair of all VTA parking lots and roadways. The term of the contract is three years with two one-year options at an estimated annual cost of $190,000, for an estimated contract total in the amount of $950,000 over five years.

27. Authorized the General Manager to execute a contract with Pacific Weathershield, the lowest responsive and responsible bidder, for repairs and maintenance of roofing on all VTA buildings and structures. The term of this contract is three years with two one-year options at an estimated annual cost of $100,000 for the first year and an estimated $150,000 for each successive year, for a total estimated contract amount of $700,000 over five years.
REGULAR AGENDA

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON’S REPORT – Jane P. Kennedy

Board Member Alvarado took her seat at 6:25 p.m.

28. (Agenda Item #28. was replaced with and heard as Agenda Item #28.X.)

Adopt a Resolution authorizing the General Manager or Chief Financial Officer to take all necessary steps for VTA to issue bonds through a negotiated or competitive bid process in an amount not to exceed $200,000,000; and further authorize the General Manager to request that Santa Clara County redesignate certain 1996 Measure B Transportation Improvement Program (MBTIP) capital expenditures to fund 70 low-floor light rail vehicles.

Member Cortese left his seat at 6:34 p.m.

28.X. Adopted Resolution No. 01.05.30 authorizing the General Manager or Chief Financial Officer to take all necessary steps for VTA to issue bonds through a competitive bid process in an amount not to exceed $200,000,000; authorized the General Manager to execute a contract extension with Orrick, Herrington & Sutcliffe LLP, for bond and disclosure counsel services related to the bond financing, in an amount not to exceed $120,000; authorized the General Manager to execute a contract with Ross Financial for financial advisory services related to the bond financing, in an amount not to exceed $55,000; authorized the General Manager to incur ancillary debt financing costs not to exceed $225,000; and further committed VTA, as the Congestion Management Agency, to secure appropriate non-Measure B funding for a Countywide Expressway Study in an amount of not less than $1,000,000 but not to exceed $2,000,000.

Member Cortese took his seat at 6:37 p.m.

29. Adopted a support position for the following pieces of legislation: AB 227 (Longville) – Transportation funding; AB 381 (Papan) – Transit-oriented development; AB 631 (Oropeza) – Statewide Transportation needs assessment; ACA 9 (Dutra) – Transportation funding; and SB 10 (Soto) – Safe Routes to Schools Program.

30. (Deferred to the June 7, 2001 Board of Directors Meeting.)

Authorize the General Manager to execute a contract in the amount of $42,270,126 with Desilva Gates  Harris, A Joint Venture of Desilva Gates Construction and R.M. Harris Company, the lowest responsible bidder, for construction of the I-880 Widening project, a 1996 Measure B Transportation Improvement Program Project. This project is 28 percent federally funded.
CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE
CHAIRPERSON’S REPORT – Judy Nadler

There were no items submitted for the Regular Agenda by the Congestion Management Program and Planning Committee (CMPP).

TRANSIT PLANNING AND OPERATIONS COMMITTEE
CHAIRPERSON’S REPORT – Dennis Kennedy

Vice Chairperson Gonzales left the meeting at 6:40 p.m.

31. Expressed concern regarding the impact of the project on the neighborhood and suggested that staff go into the neighborhood to explain impacts that may occur; queried whether Hamilton Station will be included in the design plans; requested that before community outreach begins, the program including process and presentations be provided to the Board of Directors for review and queried what processes are in place to avoid this type of problem in general.

Board Member Alvarado left the meeting at 6:46 p.m.

Board Member McHugh took his seat representing Group 5 at 6:48 p.m.

Authorized the General Manager to execute a contract amendment with Parsons Brinckerhoff Quade & Douglas in an amount not to exceed $1,000,000 for a 65 percent design submittal of an alternative Hamilton Avenue grade separation for a new not to exceed contract amount of $24,645,849. The General Manager will report back to the Board of Directors in August on the protest of the Hamilton Avenue at-grade crossing application by the California Public Utilities Commission.

32. Authorized the General Manager to execute contracts with EIP for the preparation of environmental documents for the Santa Clara/Alum Rock Light Rail Transit (LRT) Project in an amount not to exceed $737,834 and Jones and Stokes for the preparation of environmental documents for the Capitol Expressway LRT Project in an amount not to exceed $698,939.

33. Authorized the General Manager to execute a contract amendment with STV, Inc., for Architecture and Engineering Consultant services for the Cerone Complex Improvement Project and the Zero Emission Bus (ZEB) Demonstration Project in the amount of $570,000, for a new contract total not to exceed $1,670,000.

34. Authorized the General Manager to amend the Agreement with Outreach and Escort, Inc., to remove the compensation ceiling and authorized compensation in an amount not to exceed the approved budget for services as approved by VTA’s Board of Directors, and further, augmented VTA’s operating budget for ADA Paratransit Services by $1,422,000 for Fiscal Year 2001.

OTHER ITEMS

35. (Deferred to the June 7, 2001 Board of Directors Meeting.)

Approve reprogramming of $1.6 million in Federal Surface Transportation Program (STP) funds from the City of Sunnyvale’s Wolfe/El Camino Road Widening Project.

35.X. Adopted Resolution No. 01.05.31 in support of exempting VTA and all California rail transit properties from rolling electrical blackouts, consistent with the California Transit Association Rail Operations and Regulatory (CTA ROAR) Committee’s Joint Petition, filed in response to the California Public Utilities Commission (CPUC) Order Instituting Rulemaking (OIR) #00-10-002.

36. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

Requested that staff review bus and train schedules to ensure there is enough time between connections for passengers to make transfers; requested information regarding leeway that operators have especially at it pertains to Light Rail Vehicles; and requested that staff return with best possible recommendations.

Expressed appreciation for the system and its timeliness.

37. LEGISLATIVE REPORT:

Heard a report relative to state and federal issues, highlighting: 1) FY 2002 Transportation Spending Bill and 2) AB1066 (Dutra), AB 1335 (Coen), AB414 (Dutra) and AB133 (Alquist).

38. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the Agenda packet.

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

A. Peninsula Corridor JPB

Heard a report that the Peninsula Corridor JPB, at its meeting on Thursday, May 3, 2001: 1) authorized the filing of a Caltrain Pedestrian Safety Program grant application in the amount of $3,115,000 for San Bruno pedestrian safety upgrades; 2) received the monthly Executive Director reports regarding Caltrain performance, safety program, and purchase of the Virginia Railway Express railcars; 3) received the Quarterly Capital Program Status Report and an overview of the Fiscal Year 2002 Capital Improvement Program and 4) discussed the Fiscal Year 2002 Caltrain Budget which includes a minor increase in the operating budget and a significant increase in the capital budget. The draft budget will be provided to JPB Members in two weeks and posted on the Caltrain web site for public comment.

B. Capitol Corridor JPB

Heard a report that the Capitol Corridor JPB, at its meeting on Wednesday, April 18, 2001: 1) endorsed the list of Traffic Congestion Relief Plan funded projects in the Capitol Corridor and authorized staff to execute the required agreements with the State; 2) adopted a $100 per meeting per diem and travel stipend for Capitol Corridor Board members attendance at Capitol Corridor Board meetings, subject to State approval; 3) established Capitol Corridor Board positions on six bills being considered by the State Legislature; and 4) received reports regarding the City of Hercules’ proposal for a Capitol Corridor station and the “Save Our Rail Depot” group’s proposal for the renovated Sacramento Station.

Announced the birth of a grandson to Member Williams.

Congratulated Member Williams on the birth of a grandson.

Congratulated Member Chavez on the birth of her baby.

C. Altamont Commuter Express (ACE) JPB

There was no report from the Altamont Commuter Express (ACE) JPB.

D. Metropolitan Transportation Commission (MTC)

Heard a report that the MTC, at its meeting on Wednesday, May 3, 2001: 1) provided an update regarding funding for seismic upgrading and related projects regarding the San Francisco Bay Bridge; 2) Regional Transit Expansion Policy and Criteria; 3) BART to Warm Springs and Caltrain downtown extension projects; 4) testing of the “Smart Card” and 5) series of Public Outreach meetings regarding the RTP.

40. 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.

Announced a Special Meeting scheduled for Monday, May 21, 2001, at 5:00 p.m. at San Jose City Hall, Room 106.
C. South Bay Transit Corridor PAB

Heard a report that the South Bay Transit Corridor PAB, (better known as the Silicon Valley Rapid Transit Corridor PAB) at its first meeting on Wednesday, May 2, 2001: 1) received a status report from staff on the Major Investment Study (MIS), which will be followed by the preparation of an Environmental Impact Statement/Environmental Impact Report (EIS/EIR); 2) received a summary of the existing studies and plans previously prepared for the corridor; 3) Community Working Group and public meetings have been scheduled throughout the month of May 2001; 4) the next PAB meeting will be held on June 27, 2001 at 4:00 p.m.

D. Caltrain PAB

There was no report from the Caltrain PAB.

E. Downtown/East Valley PAB

Heard a report that the Downtown/East Valley PAB, at its meeting on Wednesday, April 18, 2001: 1) Selection of Santa Clara County Supervisor Blanca Alvarado as Chairperson and City Council Member Cindy Chavez as Vice Chairperson of the Downtown/East Valley PAB; 2) overview of the project, including project implementation schedule, general criteria for determining the location of stations and an examination of various light rail configurations; 3) summary of the Light Rail Platform Retrofit Program and 4) summary of the public involvement program and provided the schedule for the upcoming Open Houses and Public Meetings during May and June 2001.

F. Highway #1 South PAB

There was no report from the Highway #1 South PAB.

41. REPORT FROM THE CHAIRPERSON

Heard a report, highlighting cancellation of the regular July 5, 2001 Board of Directors meeting and announced a Board of Directors Special Meeting to be held at Noon on Thursday, June 21, 2001 at San Jose City Hall in the Council Chambers for the purpose of considering items that cannot be postponed until the regularly scheduled meeting of August 2001.

42. REPORT FROM THE GENERAL MANAGER

Heard a report, highlighting: 1) substantial improvement in service reliability; 2) outstanding success of Job Fair II with over 2100 people in attendance and 3) note of appreciation to VTA employees from the organization Next Door for donations made at the VTA Employee Recognition Dinner.

43. ANNOUNCEMENTS
Advised that Board Member Nadler will be unable to attend the special meeting of June 21, 2001. Santa Clara is a finalist in the All American Cities Competition which will be held in Atlanta on June 21, 2001.

Announced the Tasman East Light Rail Dedication Ceremony on Thursday, May 17, 2001 from 11:00 a.m. to 12:30 p.m. located at I-880 in the Milpitas Park and Ride Lot. Further announced that the new low-floor Light Rail Vehicles will be on display at the ceremonies.

Announced that an Energy Summit with David Freman as speaker, will be held on May 4, 2001 at 11:00 a.m.

44. CLOSED SESSION at 7:33 p.m.

Board Member Cortese left the meeting at 7:36 p.m.

Board Member Beale left the meeting at 7:37 p.m.

Board Member Gage left the meeting at 7:37 p.m.

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

Santa Clara Valley Transportation Authority v. Reisman, et al.
Santa Clara County Superior Court Case No. CV 796143—
Complaint in Eminent Domain)

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

Property: 1201 N. Capitol Ave.
San Jose, CA (Parcel CP 002, 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

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

Stitt v. Santa Clara Valley Transportation Authority
WCAB #SFO0373940

RECONVENED TO OPEN SESSION at 7:47 p.m.

45. CLOSED SESSION REPORT

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

Santa Clara Valley Transportation Authority v. Reisman, et al.
Santa Clara County Superior Court Case No. CV 796143—
Complaint in Eminent Domain)

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

Property: 1201 N. Capitol Ave.
San Jose, CA (Parcel CP 002, 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

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

Stitt v. Santa Clara Valley Transportation Authority
WCAB #SFO0373940

There was no reportable action taken during Closed Session.

46. ADJOURNED at 7:50 p.m.