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Board of Directors Meeting

August 02, 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: Alvarado, Attaway, Beall (Ex-Officio), Chavez, Cortese, Gage, Gonzales, D. Kennedy, J.P. Kennedy, Lieber, McLemore (Ex-Officio), Springer, Valerio, Yeager

Members Absent: Dando, Eakins, McHugh, Nadler, Williams

2. ORDERS OF THE DAY

There were no Orders of the Day.

3. AWARDS AND COMMENDATIONS

A. Employees of the Month

Presented awards to Milton Gentry, North Operations and Dawn Wright, Cerone Administration as our Employees of the Month for July 2001. Tim Romo, Guadalupe Maintenance, was unable to attend.

Presented awards to Harrison Smith, Cerone Maintenance; Sharon Marie Young, Cerone Operations; and Christaine Clark, River Oaks Administration as our Employees of the Month for August 2001.

B. Recognized Operator Gary Marquardt and Operator Karambir Cheema, who placed first and second respectively, securing second place as a team at the American Public Transportation Association’s (APTA’s) International Rail Roadeo held in Boston, Massachusetts.

Recognized Chairperson Valerio for his participation in VTA’s Bus Roadeo.

Member Leiber took her seat at 6:17 p.m.

4. PUBLIC PRESENTATIONS

Brian Thompson addressed the Board of Directors regarding the Holmer J. Olsen, Inc. Litigation.

Member Gonzales left his seat at 6:20 p.m.

David Nosenzo addressed the Board of Directors regarding the Holmer J. Olsen, Inc. Litigation.

Member Gonzales took his seat at 6:22 p.m.

Ed Honesto addressed the Board of Directors regarding an interim Morgan Hill BMX Skate Park.

Noted that the interim Morgan Hill BMX Skate Park will be agendized for the Thursday, August 16, 2001 VTA Transit Planning and Operations Committee.

Jeff Stainton addressed the Board of Directors regarding his and neighborhood concerns and opposition to Bus Route 19.

Requested staff provide a report on the establishment of Bus Route 19.

5. Hearing – Notices of Intention to Adopt Resolution of Necessity – San Martin Park-and-Ride Expansion – Phase 2 Project (2/3 Vote Required for Adoption)

Members Leiber and Gonzales left their seats at 6:31 p.m.

Prem P. Gupta provided background information regarding the property located at 133005 Depot Street and noted his opposition to the proposed Resolution of Necessity.

Member Gonzales took his seat at 6:32 p.m.
Member Leiber took her seat at 6:34 p.m.
Ex-Officio Beall left the meeting at 6:34 p.m.

Requested clarification about whether or not Mr. Gupta was referring to Santa Clara County Planning Commission or the San Martin Planning Committee.

Requested clarification for the reason of rejection of a Use Permit.

Member Chavez left her seat at 6:38 p.m.
Member Chavez took her seat at 6:41 p.m.
Member Leiber left her seat at 6:41 p.m.
Ex-Officio Member McLemore left his seat at 6:42 p.m.

Noted conflict at San Martin Advisory Committee when discussed, there were visual problems with property because of motor homes and trailers, not cars.

Inquired about use of property since the proposal was rejected by San Martin Planning Committee and Santa Clara County Planning Commission.

Members Leiber and Ex-Officio Member McLemore took their seats at 6:45 p.m.

Inquired about what San Martin Planning Committee wants for the design/use of the space.

Roger Wintle, attorney for Mr. Gupta, addressed the Board of Directors regarding safety issues and suggested consideration of another property.

Member Alvarado left her seat at 6:48 p.m.

Inquired whether Santa Clara County Planning Commission or San Martin Planning Committee indicated what they thought was best use of property.

Inquired about the letter presented by Mr. Gupta and requested clarification as to why the proposed Resolution of Necessity.

Member Alvarado took her seat at 6:50 p.m.
Member Yeager left his seat at 6:50 p.m.

Expressed concern with language in the Board Memorandum, inquired about term of usage and commented on pedestrian crossings and safety concerns.

Member Chavez left her seat at 6:54 p.m.

Commented that the parking issue needs to be addressed so that people are not forced back into their cars.

Property ID Number/Owner/Assessors Parcel Number

13305 Depot Street, San Martin, California/APN: 825-02-129/CTO498-11 Resolution No. 01.08.40

Closed hearing and adopted Resolution of Necessity in connection with the San Martin Park-and-Ride Expansion – Phase 2 Project and further, directed the filing of eminent domain proceedings for the acquisition of certain real property.

6. Clarified that the Agenda Item is an informational item only.

Received a report concerning the grade separation options on the Vasona Light Rail Project at Hamilton Avenue Crossing.

Member Cortese left his seat at 6:57 p.m.
Member Chavez took her seat at 6:58 p.m.

Expressed appreciation for VTA’s staff at the community meetings.

Member Cortese took his seat at 7:02 p.m.

Received public comments regarding the grade separation options on the Vasona Light Rail Project at Hamilton Avenue Crossing and the report.

Member Leiber left her seat at 7:17 p.m.
Member Leiber took her seat at 7:20 p.m.

Thanked members of the public for attending the meeting. Thanked VTA staff for the report.

Expressed concern regarding the aerial structure and requested that VTA review all options, including an underground crossing.

Commented on the history of the Hamilton Avenue Station and inquired about the distance between the Bascom and Hamilton Stations.

Staff provided examples of aerial structures.

Inquired about the end station, location and the projected ridership of the Vasona Light Rail line.

Suggested a discussion regarding transit oriented development and the desired density.

Thanked members of the public who addressed the Board of Directors for their support of light rail. Commented on the changing environment of the area, transit oriented development and aerial structures.

Noted that the California Public Utilities Commission has not issued a decision regarding the Hamilton Avenue Crossing.

Inquired about the cost of severance damages due to loss of quiet enjoyment.

Staff explained that severance damages only arise when there is a physical taking of any parcel. Staff will prepare a report on inverse condemnation.

Requested clarification and information on the elevation of Tasman East in Milpitas and the type of residential property in the surrounding area.

Members Gonzales and Yeager left their seats at 7:45 a.m.

CONSENT AGENDA

Removed Agenda Item # 13., from the Consent Agenda and placed on Regular Agenda.

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

8. Approved the Minutes of the Joint Meeting of VTA Board of Directors’ and Santa Clara County Board of Supervisors of June 8, 2001.

ADMINISTRATION AND FINANCE COMMITTEE

9. Approved the following appointments and/or re-appointments to the Citizens Advisory Committee: Ray Hashimoto representing Home Builders Association.

10. Authorized the General Manager to amend the contract with Wilbur Smith Associates (WSA) for technical services for the Bicycle Element of Valley Transportation Plan 2020 (VTP 2020) increasing the total contract time to four years, by extending the contract termination date from July 1, 2001 to June 30, 2002.

11. Authorized the General Manager to extend the Real Estate Brokerage Agreement with Colliers International for a two-year period commencing August 1, 2001 and terminating on July 31, 2003.

12. Authorized the General Manager to execute a contract with Blossom Valley Construction, Inc., the lowest responsible bidder, in the amount of $1,358,306 for construction of the Tasman East Light Rail Project – Site Restoration (Phase One). This contract is 88 percent federally funded.

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

Authorize the General Manager to enter into a Cooperative Agreement with the Peninsula Corridor Joint Powers Board (PCJPB) and the Union Pacific Railroad (UPRR) for the construction of a second main track between Tamien and Lick.

14. Authorized the General Manager to execute a three-year contract with an option for two additional one-year extensions with DMJM Harris for commuter rail design support services for Caltrain improvements in an amount not to exceed $4,000,000.

15. Adopted a support position for: AB 403 (Bates) - Local streets and roads; AB 405 (Salinas) - Amtrak feeder bus service; AB 554 (Campbell) - Zero-emission vehicles; AB 1225 (Cedillo) - Downtown transportation infrastructure; SCA 5 (Torlakson) - Local transportation sales taxes; and SCA 6 (Murray) - Transportation funding. Further, adopted an oppose position for: AB 1636 (Briggs) - Sales tax on diesel fuel and SB 618 (Margett) - Retrofit soundwalls.

16. Approved sponsoring legislation to ensure the expeditious completion of utility relocation work for transportation capital improvement projects.

17. Authorized the General Manager to execute a Cooperative Agreement with the California Department of Transportation (Caltrans) establishing roles and responsibilities between VTA and the State of California for construction of the 1996 Measure B Transportation Improvement Program – Route 85/101 South Interchange Project.

18. Authorized the General Manager to execute a contract with Dowling Associates, Inc., for Monitoring and Conformance Report contract services for one year with two one-year options, not to exceed $140,000 for each year.

19. Approved the following actions applicable to FY 2001-02 budgeted contracting opportunities: a) Publish the proposed Federal Transit Administration (FTA) Disadvantaged Business Enterprise (DBE) overall annual goal of 18 percent for public inspection and comment; b) Publish the proposed Federal Highway Administration (FHWA) DBE overall annual goal of 18 percent for public inspection and comment; c) If no public comments are received that require changes to the proposed goals, authorize the General Manager to formally adopt the goals for FY 2001-02; d) Authorize the General Manager to submit the respective DBE overall annual goals to Federal Transportation Administration and to Federal Highway Administration upon Board approval; and e) Adopt the proposed Small Business Enterprise (SBE) overall annual goal of 18 percent.

20. Authorized the General Manager to execute a contract with National Business Systems, Inc., for salary data conversion services from September 1, 2001 through August 31, 2002 in an amount not to exceed $391,000.

21. Authorized the General Manager to amend the existing three-year contract with Psomas for survey services and right-of-way engineering by an additional $400,000 for a new total not to exceed $1,700,000. Further, authorized a $700,000 increase for the two one-year contract extensions for a two-year extension total of $1,300,000 and a new five-year contract total not to exceed $3,000,000.

22. Authorized the General Manager to execute grants of 14 fee parcels to the City of San Jose for street and sidewalk purposes; and further, authorized the General Manager to grant partial assignments of Public Service Easement (PSE) rights to affected utility companies on two parcels, at no cost to the City of San Jose or the utility companies.

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

There were no items submitted for the Consent Agenda by the Transit Planning & Operations Committee.

REGULAR AGENDA

The Agenda was taken out of order.

Member Gonzales took his seat at 7:46 p.m.
Member Chavez left her seat at 7:46 p.m.

13. Complimented staff on achieving objective for the beginning portions of Caltrain right-of-way.

Member Chavez took her seat at 7:47 p.m.
Member Yeager took his seat at 7:48 p.m.

Authorized the General Manager to enter into a Cooperative Agreement with the Peninsula Corridor Joint Powers Board (PCJPB) and the Union Pacific Railroad (UPRR) for the construction of a second main track between Tamien and Lick.

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

23. Authorized the General Manager to execute a contract with Aquatic Environments, Inc., the lowest responsible bidder, in the amount of $289,703 for construction of the Consolidated Biological Mitigation Project – Phase 1, a 1996 Measure B Transportation Improvement Program Project.

24. Authorized the General Manager to execute a contract with RGW Construction the lowest responsible bidder, in the amount of $26,961,909 for construction of the Route 101 Widening Project, a 1996 Measure B Transportation Improvement Program Project.

Thanked various individuals, Board Members Gage and Williams and VTA staff for moving the project forward. Requested that VTA staff continue to work aggressively to move up the completion date for the project to August 2003.

Members Gonzales and Yeager left the meeting at 7:50 p.m.

Thanked VTA staff for their hard work relating to Agenda Items 23, 24, 25 and 27.

26. Approved the 1996 Measure B baseline scope, baseline schedule and baseline cost estimate for the Route 85/101 North Interchange Project, in accordance with Article V – Project Definition of the Master Agreement with the County of Santa Clara; and approve the submittal of a budget increase request to the County of Santa Clara for an additional $14.3 million from the 1996 Measure B Highway Program Contingency Reserve to be applied to the Route 85/101 North Project.

25. Authorized the General Manager to execute a contract with J/D Hazardous Substance Removal Inc., dba HSR Inc., the lowest responsible bidder, in the amount of $272,261 for construction of the Route 85/101 South Interchange – Phase 1 Project, a 1996 Measure B Transportation Improvement Program Project.

27. Authorized the General Manager to execute a contract with FCI Constructors, Inc., the lowest responsible bidder, in the amount of $23,411,226 for construction of the Route 85/87 Interchange Completion Project, a 1996 Measure B Transportation Improvement Program Project.

28. Authorized the General Manager to execute a contract with R.M. Harris Co., Inc., the lowest responsible bidder, in the amount of $1,654,036 for construction of the Route 237/880 Interchange Stage C, Phase 1 Construction Contract, a 1996 Measure B Transportation Improvement Program Project.

29. Approved the establishment of a Design Enhancements Program for VTP 2020 with a budget of two percent of construction costs.

Complimented and thanked VTA staff for coordinating items for the Agenda.

Announced the cancellation of the Administration and Finance Committee Workshop scheduled for Friday, August 3, 2001 and recommended that a review be conducted at the January 2002 Administration and Finance Committee meeting.

Member Chavez left her seat at 7:56 p.m.

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

There were no items submitted for the Regular Agenda by the Transit Planning & Operations Committee.

OTHER ITEMS

30. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no Items of Concern and Referral to Administration.

31. LEGISLATIVE REPORT

Heard a report relative to state and federal issues, highlighting: 1) FY 2002 State Budget, 2) AB 438 (Budget Committee) Traffic Congestion Relief Plan Deferral, 3) ACA 4 (Dutra) Transportation Funding, and 4) FY 2002 Transportation Spending Bill.

Members Chavez and Yeager took their seats at 7:59 p.m.

32. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the Agenda packet.

33. 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 Thursday, August 2, 2001, highlighting: 1) appointment of Michael Blackman of San Jose as the new Santa Clara County member of the Caltrain Citizens Advisory Committee, 2) receipt of the Quarterly Project Status Report and Electrification Report, 3) deferral of a recommendation to schedule a Public Hearing regarding procedural fare collection adjustments for transition to a proof of payment system to the September JPB, 4) approval of a conceptual operating plan for Caltrain Baby Bullet service, 5) authorization for the Executive Director to execute an agreement with Central Puget Sound Regional Transit Authority for Acquisition of 17 rail cars at an estimated cost of $35.3 million, plus necessary maintenance support items, to be utilized in conjunction with the Caltrain Baby Bullet project scheduled for implementation in 2003, 6) approval of the execution of a Construction and Engineering Agreement providing for the design and construction of a second main track and related improvements on the JPB right-of-way between Tamien Station and the Lick Quarry in Santa Clara County and 7) the next Caltrain JPB meeting to be held on September 6, 2001, at the Del Monte Building in Sunnyvale.

B. Capitol Corridor JPB

There was no report from the Capitol Corridor JPB.

C. Altamont Commuter Express (ACE) JPB

There was no report from the ACE JPB.

D. Metropolitan Transportation Commission (MTC)

Heard a report relative to issues addressed by MTC, at its meeting during July 2001, highlighting: 1) approval for VTA’s LRV Maintenance Facility Expansion Project, 2) announcement of the Regional Express Bus Projects – VTA received two forms of assistance, 3) receipt of two Transportation for Livable Communities Grants, 4) Regional Welfare to Work Plan; 5) Regional Transportation Plan and 6) Bay Area’s 2001 Ozone Plan.

Member Chavez left the meeting at 8:10 p.m.

34. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A. Tasman/Capitol Light Rail PAB

Heard a report relative to issues addressed by the Tasman/Capitol Light Rail PAB, at its meeting of Thursday, August 2, 2001, highlighting: 1) receipt of a report on construction progress made on both the Tasman East and Capitol Projects in the cities of Milpitas and San Jose, 2) utility relocations by PG&E on the Capitol Project are proceeding according to the revised schedule, 3) review of the original PG&E delay impact to the Capitol Project schedule and the possible delay of the March 2004 joint opening with the Tasman East Project and 4) the next Tasman East/Capitol public information workshop will be held on September 25, 2001 from 6:00 p.m. to 8:00 p.m. at the East Side Union High School District Office.

B. Vasona Light Rail PAB

There was no report from the Vasona Light Rail PAB.

C. Silicon Valley Rapid Transit Corridor PAB

Heard a report relative to issues addressed by the Silicon Valley Rapid Transit Corridor PAB at its meeting of Friday, June 29, 2001, highlighting: 1) receipt of a status report on the work completed to date on the Major Investment Study; 2) request for a special meeting to discuss a connection to the San Jose International Airport; 3) the next Silicon Valley Rapid Transit Corridor PAB meeting scheduled for Thursday, August 23, 2001, at 4:00 p.m., at the City of Santa Clara’s Police Station located on 601 El Camino Real.

D. Caltrain PAB

There was no report from the Caltrain PAB.

E. Downtown/East Valley PAB

Heard a report relative to issues addressed by the Downtown/East Valley PAB, at its meeting of Thursday, June 21, 2001, highlighting: 1) an overview of station location criteria and preliminary station locations throughout the alignment; 2) discussion of project funding and the relationship of the CODE Program to station design; 3) discussion of integration of the LRT with various transit oriented opportunities throughout the corridor during the conceptual engineering phase; 4) request of a presentation by the City Planning and Redevelopment staff regarding the status of current and advanced planning work, including the pending general plan amendments along the alignment; 5) summary of public involvement program; and 6) next Downtown/East Valley PAB meeting scheduled for August 16, 2001, from 3:00 p.m. to 4:30 p.m. in Room 204 of San Jose City Hall.

F. Highway PAB - South

There was no report from the Highway PAB - South.

35. REPORT FROM THE CHAIRPERSON

Heard a report, highlighting: 1) congratulations to participants of the Bus Roadeo on July 21, 2001, 2) request for a volunteer for appointment to the I-680 Sunol Grade Policy Advisory Committee at the September Board of Directors’ meeting.

36. REPORT FROM THE GENERAL MANAGER

Heard a report, highlighting: 1) VTA’s participation in Rail Volution, 2) Design for Mobility and 3) special conference workshop/work session co-sponsored by APTA, Mineta Institute and VTA.

35. REPORT FROM CHAIRPERSON (continued)

Commended and complimented everyone involved in the July 19, 2001 I-880 Groundbreaking event.

37. ANNOUNCEMENTS

There were no announcements

Member Gage left the meeting at 8:15 p.m.

38. CLOSED SESSION at 8:15 p.m.

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

Property: 905 North Capitol Avenue
San Jose, CA (Parcel CP 017, Capitol Light Rail Project)

Negotiating Parties: Ross Dalpre, Real Estate Manager
Owners: Charles G. Yoneda and Robert S. Yoneda, individually and as co-trustees of the 1993 Yoneda Trust, Phyllis N. Yoneda, Gene Yoneda and Mary Ann Yoneda.

Under Negotiation: Price and terms of payment

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

Santa Clara Transportation Authority v. Patel, et al. (Santa Clara County Superior Court Case No. CV791582 - Complaint in Eminent Domain)

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

Santa Clara Valley Transportation Authority v. Merlino, et al. (Santa Clara County Superior Court Case No. CV795575 – Complaint in Eminent Domain)

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

Santa Clara Valley Transportation Authority v. Sohdi, et al. (Santa Clara County Superior Court Case No. CV795879 – Complaint in Eminent Domain)

E. 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)

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

Kim v. Santa Clara Valley Transportation Authority (Santa Clara County Superior Court Case No. CV784636)

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

Leal v. Santa Clara Valley Transportation Authority (Santa Clara County Superior Court Case No. CV789264)

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

Finestein v. Santa Clara Valley Transportation Authority (Santa Clara County Superior Court Case No. CV796165)

RECONVENED TO OPEN SESSION at 8:45 p.m.

39. CLOSED SESSION REPORT

Member Yeager left the meeting at 8:46 p.m.

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

Property: 905 North Capitol Avenue
San Jose, CA (Parcel CP 017, Capitol Light Rail Project)

Negotiating Parties: Ross Dalpre, Real Estate Manager
Owners: Charles G. Yoneda and Robert S. Yoneda, individually and as co-trustees of the 1993 Yoneda Trust, Phyllis N. Yoneda, Gene Yoneda and Mary Ann Yoneda.

Under Negotiation: Price and terms of payment

Approved settlement. Results will be made public if signed by the other party.

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

Santa Clara Transportation Authority v. Patel, et al. (Santa Clara County Superior Court Case No. CV791582 - Complaint in Eminent Domain)

There was no reportable action taken during Closed Session.

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

Santa Clara Valley Transportation Authority v. Merlino, et al. (Santa Clara County Superior Court Case No. CV795575 – Complaint in Eminent Domain)

Approved settlement. Results will be made public if signed by the other party.

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

Santa Clara Valley Transportation Authority v. Sohdi, et al. (Santa Clara County Superior Court Case No. CV795879 – Complaint in Eminent Domain)

Approved settlement. Results will be made public if signed by the other party.

E. 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.

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

Kim v. Santa Clara Valley Transportation Authority (Santa Clara County Superior Court Case No. CV784636)

Approved settlement. Results will be made public if signed by the other party.

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

Leal v. Santa Clara Valley Transportation Authority (Santa Clara County Superior Court Case No. CV789264)

Approved settlement. Results will be made public if signed by the other party.

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

Finestein v. Santa Clara Valley Transportation Authority (Santa Clara County Superior Court Case No. CV796165)

Approved settlement. Results will be made public if signed by the other party.

40. ADJOURNED at 8:47 p.m.