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Home>Board of Directors Meeting - September 2001

Board of Directors Meeting - September 2001

Board of Directors Meeting

September 06, 2001

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

Summary Minutes


1. CALLED TO ORDER at 6:05 p.m.

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

Members Absent: McHugh, Yeager

2. ORDERS OF THE DAY

Added Addendum Item #32.B.X., Existing Litigation - Conference with Legal Counsel [Government Code Section 54956.9(a)] In Re Arbitration of T. Loproto

Removed from the Consent Agenda and placed on the Regular Agenda: Item #15., Authorize the General Manager to execute contracts for Construction Inspection and Support Personnel Services for facilities modification and expansion projects and rail projects, as needed, with the following firms: Kleinfelder, Inc. (San Jose); Carter and Burgess, Inc. (Oakland); URS Corporation (San Jose); APC International, Inc. (San Jose); Harris & Associates, Inc. (Concord) and Parsons Transportation Group, Inc. (San Francisco). Each contract shall be for a period of up to five years for a total amount not to exceed $4,500,000 for all six agreements.

Removed from the Consent Agenda and placed on the Regular Agenda: Item #18. Authorize the General Manager to execute a contract with Stacy and Witbeck, Inc., the lowest responsible bidder, in the amount of $27,493,701 for civil and track construction from the San Jose Diridon Station to Winchester Station of the Vasona Light Rail Project. This contract is 80 percent federally funded. Noted staff will recommend that the award be conditioned upon completion of the pending right-of-way acquisition from Union Pacific Railroad (UPRR).

Updated memo to reflect commitment to 100% DBE participation on Item #10. Authorize the General Manager to execute a task order contract with Godbe Research & Analysis for strategic plan and gateway county telephone surveys including on-call survey services for a period of three years, not to exceed $100,000 per year; and further, authorize the General Manager to execute two additional one-year options, for a total amount not to exceed $500,000.

Adjourn in memory of Dr. Maureen Lonegan, a long-time member of VTA’s Committee for Transit Accessibility (CTA), who passed away last month. Noted that Dr. Lonegan was a valued member of the CTA and was respected among her peers and professional contacts; her contributions as a community advocate will be long remembered.

Clarified Agenda Item #17. Authorize the General Manager to execute a contract amendment with Parsons Brinckerhoff Quade & Douglas for final design and design support services during construction on the Vasona Light Rail Project in an amount not to exceed $2,700,000, for a new contract amount of $27,345,275. Directed attention to the $54,000 of the contract amendment being funded by the City of Campbell and noted that the amount has not yet been formally approved by the Campbell City Council and will not take action until September 16 or 18, 2001.

Accepted Orders of the Day.

3. AWARDS AND COMMENDATIONS

Employees of the Month

Presented awards to Satwant Singh, River Oaks Administration; Douglas Harris, Cerone Operations; and Lorenzo Jones, Cerone Maintenance, as VTA employees of the month of September 2001; and Sharon Cooley-DeSleet, as Supervisor of the Quarter.

Board Member Lieber took her seat at 6:13 p.m.

4. PUBLIC PRESENTATIONS

Received public comments.

Ex-Officio Board Member Beall took his seat at 6:35 p.m.

Requested a briefing on outstanding safety issues as they relate to the new low-floor light rail vehicles. Staff noted issue will be placed on the September 2001 Transit Planning and Operations Committee Agenda.

Requested a briefing on issues raised by Service Employees International Union (SEIU)-Local 715 during Public Presentations and requested to be carbon copied on information requested by SEIU-Local 715.

CONSENT AGENDA

Removed Agenda Item #15., Authorize the General Manager to execute contracts for Construction Inspection and Support Personnel Services for facilities modification and expansion projects and rail projects, as needed, with the following firms: Kleinfelder, Inc. (San Jose); Carter and Burgess, Inc. (Oakland); URS Corporation (San Jose); APC International, Inc. (San Jose); Harris & Associates, Inc. (Concord) and Parsons Transportation Group, Inc. (San Francisco). Each contract shall be for a period of up to five years for a total amount not to exceed $4,500,000 for all six agreements.

Removed Agenda Item #18., Authorize the General Manager to execute a contract with Stacy and Witbeck, Inc., the lowest responsible bidder, in the amount of $27,493,701 for civil and track construction from the San Jose Diridon Station to Winchester Station of the Vasona Light Rail Project. This contract is 80 percent federally funded.

5. Approved the Minutes of the Special Board of Directors’ Meeting of June 21, 2001.

6. Approved the Minutes of the Regular Board of Directors’ Meeting of August 2, 2001.

ADMINISTRATION AND FINANCE COMMITTEE

7. Received and filed the 2001 Second Quarter Attendance Report for the Board of Directors, Board Standing and Advisory Committees.

8. Approved the appointment of David Grant, representing Independence Network, to fill an existing vacancy on the Committee for Transit Accessibility in the Human Services Category for a two-year term.

9. Adopted a support position for the following pieces of legislation: 1) AB 1705 (Dutra) – Traffic Congestion Relief Plan; 2) SB 759 (Murray) – Traffic Congestion Relief Plan; and 3) SB 790 (Karnette) – State Transportation Improvement Program (STIP) programming capacity, and further adopted an oppose position for ABX2 72 (Strickland) – Sales tax on gasoline.

10. Authorized the General Manager to execute a task order contract with Godbe Research & Analysis for strategic plan and gateway county telephone surveys including on-call survey services for a period of three years, not to exceed $100,000 per year; and further, authorized the General Manager to execute two additional one-year options, for a total amount not to exceed $500,000.

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

11. Authorized the General Manager to execute Amendment No. 4 to the agreement with STV Incorporated for architecture and engineering consultant services for the Cerone Complex Improvements, increasing the approved contract amount by $2,300,000 for a new value not to exceed $4,021,576. Future amendments are anticipated after FY 2002 to continue these services for the full four-year term of the Cerone Complex Improvements Project. This Project is 12 percent federally funded.

12. Authorized the General Manager to execute Amendment No. 2 to the agreement with Mark Thomas & Co., Inc., for civil/site/utilities design services for the Cerone Complex Improvements, increasing the approved contract amount by $480,000 for a new value not to exceed $880,000. Future amendments are anticipated after FY 2002 to continue these services for the full four-year term of the Cerone Complex Improvements Project. This Project is 12 percent federally funded.

13. Approved the appointment of Manny Valerio to act as a non-voting liaison for the Caltrain Policy Advisory Board (PAB) to the VTA Board and Peninsula Corridor Joint Powers Board (PCJPB); and request that Santa Clara County and the Cities of Palo Alto, Mountain View, Sunnyvale, Santa Clara, San Jose, Morgan Hill and Gilroy re-designate an appointee to the PAB.

14. Approved an agreement with the City of Morgan Hill to operate an Interim BMX Park adjacent to the Morgan Hill Caltrain Station for one year commencing October 1, 2001. This Agreement will be brought back to the Board for status and further review at the October 2002 meeting.

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

Authorize the General Manager to execute contracts for Construction Inspection and Support Personnel Services for facilities modification and expansion projects and rail projects, as needed, with the following firms: Kleinfelder, Inc. (San Jose); Carter and Burgess, Inc. (Oakland); URS Corporation (San Jose); APC International, Inc. (San Jose); Harris & Associates, Inc. (Concord) and Parsons Transportation Group, Inc. (San Francisco). Each contract shall be for a period of up to five years for a total amount not to exceed $4,500,000 for all six agreements.

16. Authorized the General Manager to execute Contract Change Orders #11, #12, #13 and #14 with Sposeto Engineering, Inc., for the West Valley College Transit Center for a total of $124,111 and to increase the Board-authorized contract amount to $1,536,660.

17. Authorized the General Manager to execute a contract amendment with Parsons Brinckerhoff Quade & Douglas for final design and design support services during construction on the Vasona Light Rail Project in an amount not to exceed $2,700,000, for a new contract amount of $27,345,275.

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

Authorize the General Manager to execute a contract with Stacy and Witbeck, Inc., the lowest responsible bidder, in the amount of $27,493,701 for civil and track construction from the San Jose Diridon Station to Winchester Station of the Vasona Light Rail Project. This contract is 80 percent federally funded.

19. Authorized the General Manager to execute a contract with Impulse N.C., Inc., the lowest responsible bidder in an amount of $5,479,960 for supply of substation equipment for Tasman East, Capitol and Vasona Light Rail Projects. Further, authorized the General Manager to exercise an option in an amount not to exceed $588,000 for one additional substation for a future extension to Vasona Junction, if funding becomes available. This contract is 61 percent federally funded.

20. Authorized the General Manager to amend the contract with Booz - Allen & Hamilton to provide continuing rail transit design and procurement services for the 70 new low-floor light rail vehicles increasing the approved contract by $4,000,000 for a new contract total in an amount not to exceed $8,500,000, extending the term of the contract through December 31, 2004.

21. Authorized the General Manager to execute two separate five-year lease agreements with an option to renew each for three additional five-year periods with Nextel of California, Inc., (Nextel), for one cellular antenna site at the Cerone Operating Division and one site at the Chaboya Operating Division.

22. Authorized the General Manager to execute a contract with Harris Electric, Inc., the lowest-cost responsive and responsible bidder, for preventative maintenance and on-call repair services for vehicle lifting systems. The term of the contract is one year with four one-year options at an estimated annual cost of $175,000 for the first three years, $200,000 for the fourth year and $225,000 for the fifth year for a total contract amount of $950,000 over five years.

REGULAR AGENDA

15. Received public comments.

Requested that staff consider the following comments from the Board of Directors:

1) Requested a matrix with the true costs (include encumbered salary v. contracted out costs) per person per FTE. Expressed a concern about paying for contractor’s overhead.

2) Requested staff work with SEIU-Local 715 to develop a process to take advantage of eligibility conditions; providing training opportunities and adjusting the job where the eligibility conditions are satisfied by certain conditions. This is a way to classify jobs and manage change in the work environment and could control costs.

3) Requested staff to examine incentives for a non-classified employee staying to move to another VTA job.

4) Queried what perimeters VTA normally uses to determine what is considered short-term versus long-term as we consider employee classification. Queried what is normal training time for either a VTA employee or a consultant. Queried what VTA pays a consultant versus a VTA employee.

Authorized on a vote of 11 ayes to 0 noes to 1 abstention, the General Manager to execute contracts for Construction Inspection and Support Personnel Services for facilities modification and expansion projects and rail projects, as needed, with the following firms: Kleinfelder, Inc. (San Jose); Carter and Burgess, Inc. (Oakland); URS Corporation (San Jose); APC International, Inc. (San Jose); Harris & Associates, Inc. (Concord) and Parsons Transportation Group, Inc. (San Francisco). Each contract shall be for a period of up to five years for a total amount not to exceed $4,500,000 for all six agreements, with the exception of the SEIU-Local 715 positions, which will be considered at the next Board of Directors Meeting. Board Member D. Kennedy abstained.

18. Staff requested that the recommended action be amended to reflect the award of contract to Stacy and Witbeck, Inc., is conditioned upon completion of the pending purchase of the Vasona railroad right-of-way from Union Pacific Railroad (UPRR).

Authorized the General Manager to execute a contract with Stacy and Witbeck, Inc., the lowest responsible bidder, in the amount of $27,493,701 for civil and track construction from the San Jose Diridon Station to Winchester Station of the Vasona Light Rail Project, as amended. This contract is 80 percent federally funded.

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

There were no items submitted for the Regular Agenda by the Administration and Finance Committee.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON’S REPORT - JUDY NADLER

23. Directed attention to an addendum to Item #23. and noted that the 2002 STIP funds of $108.7 million has been increased to $120.293 million.

Approved the programming of Santa Clara County’s Regional Improvement Program (RIP) share of the 2002 STIP, as amended.

Noted Governor Gray Davis signed AB 1066 (Dutra) - VTA Corporate Legislation.

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

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

OTHER ITEMS

24. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no items of concern and referral to Administration.

25. LEGISLATIVE REPORT

Vice Chairperson Gonzales left the meeting at 7:40 p.m.

Heard a report relative to state and federal issues, highlighting: 1) AB 414 (Dutra) - Lead Contaminated Soil and 2) FY 2002 Transportation Appropriations Bill.

26. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the agenda packet.

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

Noted reports pertaining to Items #27 and #28 will be forwarded to the Board of Directors.

A. Peninsula Corridor JPB

B. Capitol Corridor JPB

C. Altamont Commuter Express (ACE) JPB

D. Metropolitan Transportation Commission (MTC)

28. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A. Tasman/Capitol Light Rail PAB

B. Vasona Light Rail PAB

C. Silicon Valley Rapid Transit Corridor PAB

D. Caltrain PAB

E. Downtown/East Valley PAB

F. Highway PAB - South

29. REPORT FROM THE CHAIRPERSON

Noted last month asked for a volunteer to represent VTA on the I-680 Sunol Grade PAB. Noted if interested in serving on the PAB, to contact VTA’s Board Secretary for additional information.

30. REPORT FROM THE GENERAL MANAGER

Heard a report, highlighting: 1) decrease in VTA ridership, 2) positive trends in service efficiency, 3) graduation of eight mechanics from VTA’s Training Mechanic Program, and 4) discussions with California Air Resources Board (CARB).

31. ANNOUNCEMENTS

Announced the Edenvale area in San Jose now has a shuttle to transport employees back and forth to light rail and Caltrain, noting Edenvale residents had expressed concern about bus stop shelters in the area and that VTA and the Redevelopment Agency reached an agreement where the Redevelopment Agency will pay for the shelters and VTA will install the shelters. Thanked VTA staff for a job well done.

Announced Transportation Justice Summit to be held in East San Jose on Saturday, October 20, 2001, 9:00 a.m. - 1:30 p.m.

Inquired about increase of two additional Caltrain trips to the City of Gilroy.

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

Board Member Gage left the meeting at 7:51 p.m.
Ex-Officio Board Member McLemore left the meeting at 8:01 p.m.
Board Member Alvarado left the meeting at 8:02 p.m.

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

Hurlbert v. Santa Clara Valley Transportation Authority
(Santa Clara County Superior Court Case No. CV784621)

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

In Re Arbitration of T. Loproto

C. Public Employee Performance Evaluation
[Government Code Section 54957]

Title: General Manager
Title: General Counsel

33. CLOSED SESSION REPORT

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

Hurlbert v. Santa Clara Valley Transportation Authority
(Santa Clara County Superior Court Case No. CV784621)

Approved settlement.

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

In Re Arbitration of T. Loproto

There was no reportable action taken during Closed Session.

32. CLOSED SESSION (continued)

C. Public Employee Performance Evaluation
[Government Code Section 54957]

Title: General Manager
Title: General Counsel

Board Member Nadler left the meeting at 8:42 p.m.
Board Member Cortese left the meeting at 8:52 p.m.
Board Member Dando left the meeting at 8:54 p.m.
Board Member D. Kennedy left the meeting at 8:54 p.m.

RECONVENE TO OPEN SESSION at 8:55 p.m.

33. CLOSED SESSION REPORT (continued)

C. Public Employee Performance Evaluation
[Government Code Section 54957]

Title: General Manager
Title: General Counsel

Reported discussion of the Executive Performance Appraisal Process.

Adopted the said Process with the appointment of an evaluation committee to be comprised of Chairperson Valerio, Vice Chairperson Ron Gonzales and Board Member J.P. Kennedy.

34. ADJOURNED in memory of Dr. Maureen Lonegan, a long-time member of the CTA, at 8:56 p.m.