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Board of Directors Meeting

June 07, 2001

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

Summary Minutes

1. CALLED TO ORDER at 6:07 p.m.

ROLL CALL:

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

Members Absent: Alvarado, Attaway, Beall (Ex-Officio), Nadler

2. ORDERS OF THE DAY

Removed from Consent Agenda and placed on Regular Agenda, Item #9, adopt a resolution authorizing the filing of applications for Transportation Fund for Clean Air (TFCA) “60%” Regional funds to the Bay Area Air Quality Management District (BAAQMD), and authorize the General Manager to execute the Funding Agreements upon receipt from BAAQMD.

Added Addendum Item #27.X, Authorize VTA to remain a member of the Gibson Environmental Response Group and authorize the General Manager to pay member assessments levied against VTA from time to time not to exceed a total of $150,000.

Noted two issues related to Agenda Item #28, Items of Concern and Referral to the Administration: Community Outreach Efforts for Hamilton Avenue Neighborhood and review of bus and ACE train schedule connections to ensure enough time for passenger transfers.

Deferred Agenda Item #21, Approve additions to Litigation Disclosure bid form, to be signed under penalty of perjury; authorize the General Manager to initiate debarment or suspension proceedings in Lieu of pre-qualification of contractors, subcontractors and suppliers where, in the General Manager’s judgment, exceptional circumstances exist which render it impractical to determine responsibility at the time of contract award; and further direct the General Manager to solicit references, when appropriate, as to bidders’ qualifications from the South Bay Labor Council, Santa Clara County Building & Construction Trades Council, and any other person or entity who requests to be used as a reference, in addition to soliciting references from entities for which the bidder has previously done work, to the August 2, 2001 Board of Directors Meeting.

Accepted Orders of the Day.

3. AWARDS AND COMMENDATIONS

A. Employees of the Month

Presented awards to Thomas Engen, Senior Information Systems Analyst, River Oaks Administration as Employee of the Month for May 2001, Blythe Hinkel, Account Clerk II, Cerone Administration; and Brian Julian, Overhaul and Repair Mechanic, Cerone Overhaul & Repair as our Employees of the Month for June 2001. Recognized Ben Gregg, Operations Transportation Supervisor, in the Supervisory Category. Kim Grensow, Coach Operator, North Operations was unable to attend.

Board Member Dando took her seat at 6:14 p.m.

B. Team Award

Presented awards to Harrison Smith, Howard Robertson, Stanley Webster, Rely Villanueva, Joseph Aguilar, James Jennings, Jr., and Carl Dahlgren the Cerone Maintenance Leadership Team.

Board Member Eakins took her seat at 6:16 p.m.

4. PUBLIC PRESENTATIONS

Received public comments expressing opposition to the proposed Light Rail Over-crossing at Hamilton Avenue.

5. Hearing – Notices 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. V007/009/San Jose Water Land Company/APN: 259-38-129, 259-38-131, 259-38-047, 259-38-048, 259-38-049, 259-38-050, 259-38-086, 259-38-111 Resolution No. 01.06.32
2. V023/Autumn, Limited Liability Company et al/APN: 261-38-032, 261-38-056 Resolution No. 01.06.33
3. V151/Green Valley Corporation/APN: 264-08-025 Resolution No. 01.06.34

Closed hearing and adopted Resolutions of Necessity in connection with the Vasona Light Rail Project from four owners for the civil construction contracts C325 Downtown and C326 San Jose/Campbell segments and further, directed the filing of eminent domain proceedings for the acquisition of certain real property.

CONSENT AGENDA

6. Approved the Minutes of the Regular Board of Directors’ Meeting of May 3, 2001.

ADMINISTRATION AND FINANCE COMMITTEE

7. Approved the appointment of Curt Riffle representing the City of Los Altos to the Bicycle Advisory Committee.

8. Adopted Resolution No. 01.06. 35 authorizing the filing of an annual claim to the Metropolitan Transportation Commission (MTC) for allocation of FY 2001-02 Transportation Development Act (TDA) and State Transit Assistance (STA) funds.

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

Adopt a resolution authorizing the filing of applications for Transportation Fund for Clean Air (TFCA) “60%” Regional funds to the Bay Area Air Quality Management District (BAAQMD), and authorized the General Manager to execute the Funding Agreements upon receipt from BAAQMD.

10. Authorized the General Manager to execute a no cost Grant of Easement for a bike and pedestrian trail to the City of San Jose on VTA land along a segment of the Coyote Creek levee immediately east of the Cerone Operating Division.

11. Authorized the General Manager to execute task order contracts with Robert Mattoch Direct Marketing and National Mailing Services for printing and direct mail services for an amount not to exceed $900,000. The term of the contract will be for one year with the option for two one-year renewals. It is anticipated that the cost per year for all three years of the agreement to be $300,000.

12. Authorized the General Manager to execute a contract with Downtown Ford Sales in Sacramento, California, to procure 25 non-revenue automobiles from the state purchasing contract in the amount of $421,808,75.

13. Approved the FY 2001-02 Congestion Management Program Work Program and the modified Budget and Member Agency Fee Schedule containing adjustments recommended by the Policy Advisory Committee.

14. Approved the programming of $2,435,000 in Local Program Reserve funds to projects as designated and the return of $300,000 previously programmed to a project to the Local Program Reserve.

15. Adopted a support position for AB 391 (Kehoe) - Encroachment permits; AB 608 (Dikerson) - STIP programming; AB 666 (Dutra) - Highway project acceleration; ACR 32 (Dutra) - Transportation funding assessment; SB 433 (Monteith) - Carl Moyer Program and SB 829 (Karnette) – Transportation funding. Further, adopted an oppose position for SB 835 (Battin) – Sales tax on gas taxes.

CONGESTION MANGEMENT 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

16. Authorized the General Manager to execute a contract with George Bianchi Construction, Inc., the lowest responsible bidder, in the amount of $331,175 for construction of noise mitigation fences along the Tasman East and Capitol Light Rail Projects. This contract is 54 percent federally funded.

17. Authorized the General Manager to execute a contract with RGW Construction, Inc., the lowest responsible bidder for the Bridge Seismic Retrofit (4 bridges) Project, in the amount of $764,753.

18. Authorized the General Manager to execute a contract with Roebbelen Contracting, Inc., the second lowest responsible bidder for the Shop Building Expansion for the Guadalupe Light Rail Vehicle (LRV) Facility Expansion Project in the amount of $11,930,000. This contract is 56 percent federally funded.

19. Authorized the General Manager to enter into a contract with Cummins West, Inc., the only responsive and responsible bidder, for the purchase of up to 91 new Cummins ISM engines and associated materials, support and training in an amount not to exceed $3,003,500. This contract is 61 percent federally funded.

REGULAR AGENDA

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

The Agenda was taken out of order.

9. Adopted Resolution No. 01.06.36 authorizing the filing of applications for Transportation Fund for Clean Air (TFCA) “60%” Regional funds to the Bay Area Air Quality Management District (BAAQMD), and authorized the General Manager to execute the Funding Agreements upon receipt from BAAQMD.

20. Authorized 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. (Item deferred from the May 3, 2001 Board of Directors Meeting.)

21. (Deferred to the August 2, 2001 Board of Directors Meeting.)

Approve additions to Litigation Disclosure bid form, to be signed under penalty of perjury; authorize the General Manager to initiate debarment or suspension proceedings in Lieu of pre-qualification of contractors, subcontractors and suppliers where, in the General Manager’s judgment, exceptional circumstances exist which render it impractical to determine responsibility at the time of contract award; and further direct the General Manager to solicit references, when appropriate, as to bidders’ qualifications from the South Bay Labor Council, Santa Clara County Building & Construction Trades Council, and any other person or entity who requests to be used as a reference, in addition to soliciting references from entities for which the bidder has previously done work.

22. Adopted Resolution No. 01.06.37 finding that the procurement of Business Warehouse Reporting software; Business Warehouse Data extraction software; Internet Development software and hardware; Helpdesk Telephone System hardware and software upgrade; the Web Content Management software; and software-delivered training applications through competitive negotiation is appropriate, as provided in Public Contract Code � 20306.

23. Adopted Resolution No. 01.06.38 approving the FY 2001/02 Recommended Budget.

CONSENT AGENDA (continued)

10. Authorized the General Manager to execute a no cost Grant of Easement for a bike and pedestrian trail to the City of San Jose on VTA land along a segment of the Coyote Creek levee immediately east of the Cerone Operating Division.

Noted and encouraged follow-up on the recommendation of the May 18, 2001 Administration and Finance Committee to explore all VTA owned property locations for use as bike and pedestrian trails to provide access to recreational areas, specifically a review of Transit Oriented Developments in Park-and-Ride lots.

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

24. Approved the purchase of a 2.72 acre parcel owned by Roem Development Corporation at a price of $4,900,000 for use on the Capitol Light Rail Project; and further, authorized the General Manager to execute escrow papers and other appropriate documents related to the purchase of such property.

26. Received and filed the VTA Energy Conservation Status Update.

25. Received and filed the Transit Shelter Advertising Program Update.

Requested a scheduled discussion with Operations Director Frank Martin, similar to the recent discussion with San Jose Council Member Nora Campos regarding the Transit Shelter Advertising Program as it relates to the downtown area.

OTHER ITEMS

27. Approved reprogramming of $1,659,000 in federal Surface Transportation Program (STP) funds from the City of Sunnyvale’s Wolfe/El Camino Intersection Widening Project to the County of Santa Clara’s Central Expressway High Occupancy Vehicle (HOV) Lane Project.

27.X. Authorized VTA to remain a member of the Gibson Environmental Response Group and authorized the General Manager to pay member assessments levied against VTA from time to time not to exceed a total of $150,000.

28. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

Board Member Gonzales left the meeting at 7:12 p.m.

Received and filed Community Outreach activities for the Hamilton Avenue Neighborhood pertaining to the Vasona Light Rail Project proposed Hamilton Avenue grade separated crossing.

Received and filed a report regarding review of bus and Altamont Commuter Express (ACE) train schedules to ensure enough time between connections for passengers to make transfers.

Requested that staff investigate and study the traffic impacts of a planned IKEA store in Palo Alto on the San Mateo/Santa Clara County line at the 101/University Avenue Interchange which provides access to the Dumbarton Bridge. Requested VTA work closely with other agencies on this issue, especially, San Mateo County.

29. LEGISLATIVE REPORT

Heard a report relative to state and federal issues, highlighting: 1) Senate reorganization, 2) FY 2002 Transportation Spending Bill and 3) State Budget.

30. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the Agenda packet.

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

A. Peninsula Corridor JPB

Heard a report relative to issues addressed by the Peninsula Corridor JPB, at its meeting on June 7, 2001, highlighting: 1) the distribution of Caltrain to Regional Rail Link brochure, 2) committee membership changes, 3) the Caltrain Citizens Advisory Committee Meeting scheduled for June 20, 2001 at the City of Santa Clara Police Department Building, 4) recognition of a Mountain View Police Officer for heroic efforts in saving a life, 5) approval of the Disadvantaged Business Enterprise Overall Annual Goals for 2001-2002, 6) authorization of an application to the California Transportation Commission for $122 million for construction and equipment procurement for the Caltrain Baby Bullet project, 7) approval of the execution of a cooperative agreement with the City of Sunnyvale and VTA for cost sharing, design, construction, ownership, operation and maintenance of the Sunnyvale Multimodal Transit Station and 8) approval of establishing a position of JPB support for Assembly Bill 1419 Regarding the San Francisco Transbay Terminal project.

B. Capitol Corridor JPB

There was no report from the Capitol Corridor JPB.

C. Altamont Commuter Express (ACE) JPB

Heard a report relative to issues addressed by Altamont Commuter Express (ACE) JPB, at its meeting on May 21, 2001, highlighting: 1) election of City of Tracy representative Brent Ives as Chair and VTA Director Sandy Eakins as Vice Chair of the ACE Board, 2) discussion of the draft ACE 2001-02 Operating and Capital Budgets, 3) discussion of issues related to the extension and revision of the ACE Joint Powers Authority Agreement and 4) approval of a proposed 10 percent fare increase for the purpose of opening a 30-day public comment.

D. Metropolitan Transportation Commission (MTC)

Heard a report relative to issues addressed by MTC, at its meeting on Wednesday, May 23, 2001, highlighting: 1) Regional Transportation Plan (RTP), 2) Federal Seminar on New Starts Rule, 3) Governor’s May 14, 2001 revision to the FY 2001-02 state budget, 4) Santa Clara Cities Association RTP Meeting and 5) Land Use Performance Measure for RTP.

32. 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

Heard a report relative to issues addressed by the Vasona Light Rail PAB at its meeting on May 21, 2001, highlighting: 1) history of the review of the Hamilton crossing by the CPUC, 2) Caltrans support of a grade separation, 3) VTA’s design analysis of grade separation alternatives, 4) community outreach activities and 5) the Committees recommendation of an over-crossing to include a light rail station.

C. Silicon Valley Rapid Transit Corridor PAB

There was no report from the Silicon Valley Rapid Transit Corridor PAB.

D. Caltrain PAB

There was no report from the Caltrain PAB.

E. Downtown/East Valley PAB

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

F. Highway PAB - South

There was no report from the Highway PAB - South.

33. REPORT FROM THE CHAIRPERSON

Heard a report, highlighting: 1) the special VTA Board Meeting scheduled for June 21, 2001, at 12:00 noon at San Jose City Hall and 2) the Tasman East Light Rail Grand Opening.

34. REPORT FROM THE GENERAL MANAGER

Heard a report, highlighting: 1) the West Valley College Transit Center opening, 2) the Eden Housing Transit Center opening, 3) a Gilroy Transit Center opening in July 2001, 4) VTA will host the APTA Rapid Transit Conference in 2003 and the International Light Rail Conference in 2004.

35. ANNOUNCEMENTS

Announced the birth of Brandon Chavez and promised introductions at the June 8, 2001 VTA Board Workshop Meeting.

Announced that Members from the City of Santa Clara will not be in attendance at the June 21 Special Board Meeting, they will be in Atlanta Georgia as one of the thirty national finalists for the All American Cities award.

Board Member D. Kennedy left the meeting at 7:28 p.m.

36. CLOSED SESSION at 7:28 p.m.

Board Member Gage left the meeting at 7:30 p.m.

A. 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, CV788260)

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

Santa Clara Valley Transportation Authority v. 1868 North Capitol Avenue Housing Associates, et al. (Santa Clara County Superior Court Case No. CV 787689-Complaint in Eminent Domain)

RECONVENED TO OPEN SESSION at 7:38 p.m.

37. CLOSED SESSION REPORT

A. 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, CV788260)

There was no reportable action taken during Closed Session.

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

Santa Clara Valley Transportation Authority v. 1868 North Capitol Avenue Housing Associates, et al. (Santa Clara County Superior Court Case No. CV 787689-Complaint in Eminent Domain)

Approved the recommended settlement, the exact amount of the settlement will be made public as soon as it is completed.

38. ADJOURNED at 7:40 p.m.