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Board of Directors Meeting

October 11, 2001

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

Summary Minutes

1. CALLED TO ORDER at 9:08 a.m.

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

Members Absent: Attaway, McHugh, Nadler, Springer

2. ORDERS OF THE DAY

Heard Agenda Item #5, Authorize the General Manager to implement a pilot program for the pre-qualification of VTA contractors and subcontractors by January 1, 2002, evaluate its implementation and report back to the Board of Directors by September 2003. Further, implement two proposed revisions to VTA’s current responsibility determination processes that would be applied to all projects not covered by the pilot program. Deferred from June 7, 2001 Board of Directors Meeting. (Revised by Board Member Gonzales), immediately following Orders of the Day.

Added Addendum Item #36. A. X, Conference with Real Property Negotiator [Government Code 54956.8]

Considered Agenda Item #22, Authorizing the General Manager to take all steps necessary to purchase an operating railroad corridor, currently owned by the Union Pacific Railroad (UP), and known as the old Western Pacific/Milpitas Subdivision, immediately following Closed Session as Agenda Item #37.

Received and filed written reports for Agenda Items #31, Reports from Joint Powers Boards (JPBs) and Regional Commissions and #32, Reports from VTA Policy Advisory Boards (PABs).

Adjourn in Honor and Memory of the victims of the September 11, 2001 tragedies.

Requested General Manager to report when the Board of Directors will receive a report on the negotiations with BART.

Requested information regarding when the General Manager was given direction to state in the September 28, 2001 letter to Mr. Heminger at MTC that no federal new starts funding would be sought for the Downtown/East Valley project.

Accepted Orders of the Day.

The Agenda was taken out of order.

5. Authorized the General Manager to implement a pilot program for the pre-qualification of VTA contractors and subcontractors by January 1, 2002, evaluate its implementation and report back to the Board of Directors by September 2003. Further, implement two proposed revisions to VTA’s current responsibility determination processes that would be applied to all projects not covered by the pilot program. Deferred from June 7, 2001 Board of Directors Meeting. (Revised by Board Member Gonzales)

Ex-Officio Board Member Beall took his seat at 9:10 a.m.

Requested a report on the pre-qualification process to the Board of Directors in December 2001 and a quarterly update including the process and procedures to be reported to the appropriate Board of Directors Standing Committee (TP & O).

Board Member Lieber took her seat at 9:15 a.m.

Requested continual feedback and updates on the pre-qualification process.

Queried if VTA would be in conflict with federal guidelines by choosing contractors and subcontractors from a restrictive list.

Board Members Eakins and D. Kennedy took their seats at 9:20 a.m.

Queried on the actual costs of the process and if the costs were built into the project budget.

Suggested contacting other public agencies that are using a pre-qualification process system effectively.

Received public comments.

Requested a status report on the pre-qualification process to be reported at Administration and Finance Committee every six-months.

3. AWARDS AND COMMENDATIONS

Employees of the Month

A. Presented awards to Ernie Lipari, Chaboya Maintenance and James Ross, River Oaks Administration; as our Employees of the Month for October 2001. Rick Ehmcke, Cerone Operations, was unable to attend.

B. Adopted Resolution No. 01.10.41 of Commendation for Richard “Butch” Howard as he retires from VTA after 39 years of service.

C. Adopted Resolution No. 01.10.42 recognizing October as Domestic Violence Awareness Month. (Dando)

Thanked VTA staff for taking a stand against domestic violence and announced the Public Officials Walk to End Domestic Violence, “Walk the Talk, The Walk to End Domestic Violence” scheduled for Friday, October 19, 2001, at 8:30 a.m. at San Jose City Hall.

4. PUBLIC PRESENTATIONS

Received public comments.

Board Member Beall left the meeting at 9:50 a.m.
Board Member Alvarado left the meeting at 9:52 a.m.

CONSENT AGENDA

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

ADMINISTRATION AND FINANCE COMMITTEE

7. Authorized the General Manager to renew benefit contracts with Kaiser, PacifiCare, Valley Health Plan, Delta Dental, Pacific Union Dental, Vision Service Plan, ProBusiness and Highmark Life Insurance Company effective January 1, 2002 for all VTA employees and retirees.

8. Authorized the General Manager to execute a contract with Plan B, Inc. for Strategic Marketing and Creative Services for a period of three years, not to exceed $100,000 per year; and further Authorized the General Manager to execute two one-year options, for a contract total not to exceed $500,000.

9. Authorized the General Manager to exercise the two one-year options for a contract with Yellow Checker Cab Company beginning November 1, 2001, for an amount not to exceed $10,000, bringing the total contract amount to $40,000.

10. Authorized the General Manager to execute grants of fee parcels and road easement parcels to the City of Sunnyvale for street, sidewalk and City owned utility purposes, and, further, Authorized the General Manager to grant partial assignments of Public Service Ease (PSE) rights to affected utility companies, State of California and the City of Sunnyvale, at no cost to the utility companies, the State or the City of Sunnyvale in connection with the Tasman Light Rail Project.

11. Authorized the General Manager to execute a contract amendment with URS Corporation for the design of the 1996 Measure B Transportation Improvement Program Consolidated Biological Mitigation Project and implementation of project mitigation services for an amount not to exceed $175,000 for a new revised total contract value not to exceed $475,000; and extend the contract term through the completion of construction, to March 30, 2006.

12. Authorized the General Manager to execute a six-month extension of the Altamont Commuter Express (ACE) Joint Exercise of Powers Agreement.

13. Authorized the General Manager to execute Amendment No. 2 for $604,702 to extend the contract with Aon Risk Services through March 31, 2005. The amendment will continue the insurance brokerage and administrative services for the Owner-Controlled Insurance Program (OCIP) for the rail construction projects and increase the total contract value from $1,217,443 to $1,822,145.

14. Authorized the General Manager to execute a contract with BASE Consulting Group for the acquisition of specialized software application and implementation services in the amount of $331,000.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

15. Amended the Valley Transportation Authority Plan 2020 (VTP 2020) to include the upgrade of the Capitol Expressway/Yerba Buena Avenue/US 101 Interchange, and submit the interchange upgrade project to the Metropolitan Transportation Commission (MTC) for inclusion in the 2001 Regional Transportation Plan (RTP) as a Blueprint project.

TRANSIT PLANNING AND OPERATIONS COMMITTEE

16. Authorized the General Manager to execute a contract with Williams Scotsman, Inc., the lowest responsible bidder for the Vasona Project Field Office, in the amount of $455,667. The duration of this contract is 60 days after the first charge day.

17. Authorized the General Manager to execute a contract with Golden Bay Construction, Inc., the lowest responsible bidder for the Monterey Road Bus Stop Improvements Phase 2 Project, in the amount of $698,106. This contract is 63 percent federally funded.

18. Authorized the General Manager to execute the documents necessary to convey an electrical transmission line easement to Pacific Gas and Electric Company (PG&E) over a portion of the Guadalupe Wetlands Mitigation Area for a price of $1,500.

19. Authorized the General Manager to amend the existing three-year bus towing contract with Sunnyvale Towing and Transportation for one additional year with an option to extend the contract for a fifth year, at a contract rate not to exceed $60,000 per year, for a total contract amount not to exceed $294,000.

20. Authorized the General Manager to execute Amendment No. 1 to the contract with DECON Environmental Services, Inc., for projectwide hazardous waste removal services in an amount of $700,000 for a new total contract amount of $1,939,386.

REGULAR AGENDA

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

21. Authorized the General Manager to implement an employee Rental Housing Assistance Pilot Program for a period of one year, providing one-time no-interest loans in an amount not to exceed $6,000, to be repaid through payroll deductions over a term not to exceed 78 bi-weekly pay periods, and, further, authorized the General Manager to set a limit on the maximum aggregate amount of loans outstanding at any one time for the Rental Housing Assistance Pilot Program up to $3,000,000.

22. (Heard immediately following Closed Session as Agenda Item #37)

Authorize the General Manager to take all steps necessary to purchase an operating railroad corridor, currently owned by the Union Pacific Railroad (UP), and known as the old Western Pacific/Milpitas Subdivision for approximately $80,000,000 subject to adjustment based on review and finalization of property boundaries at an agreed upon price of $13.05 per square foot for those areas where the corridor cannot achieve at least 50 foot of width.

23. Authorized the General Manager to implement a domestic leveraged lease (the “Transaction”) with respect to VTA’s low-floor light rail vehicles (the “LRV’s”), including the selection of the necessary participants to implement the Transaction; provided that (a) VTA receives a net benefit of at least $15.0 million assuming a Transaction size of over $250 million; (b) VTA does not become obligated to pay costs in excess of $50,000 in the event the Transaction cannot be closed for any reason; and (c) in the opinion of VTA’s staff, the risks of the Transaction do not exceed the financial benefit to be received.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON’S REPORT

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 – Ron Gonzales

24. Authorized the General Manager to execute a contract with Kingston Constructors, the lowest responsible bidder, in an amount of $6,792,000, for furnishing and installation of the Overhead Contact System for the Tasman East and Capitol Light Rail Projects. The Tasman East Project is 88 percent federally funded.

Received public comment.

25. Authorized the General Manager to execute a contract with Bianchi-Amaker Construction, the lowest responsible bidder for the Phase II Light Rail Transit (LRT) Station Signage Project, in the amount of $1,808,406.

26. Approved the FY 2002-2011 Short Range Transit Plan (SRTP), recognizing that due to upcoming revisions to VTA’s Strategic Plan, Business Plan and VTP 2020 Implementation Plan, which are likely to cause substantial modifications to the FY 2002-2011 SRTP, an Interim Update SRTP will be prepared by September 2002 for subsequent Board approval.

OTHER ITEMS

27. Adopted Resolution No. 01.10.43 certifying that VTA is an eligible and responsible sponsor for projects in the State Transportation Improvement Program and authorizing the General Manager to submit applications for Regional Transportation Improvement Program (RTIP) funding of the I-880/Coleman Interchange project.

28. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

Inquired on the procedures to alert the system to redirect the public regarding bus service on streets that are closed or have emergencies. Inquired on the possibility of using electronic means to inform and redirect the public regarding the unavailability of bus service.

Inquired on the potential of increased service to the Children’s Shelter Home in Mountain View.

29. LEGISLATIVE REPORT

There was no Legislative Report.

30. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the agenda packet.

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

Received and filed report under Orders of the Day.

32. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

Received and filed report under Orders of the Day.

33. REPORT FROM THE CHAIRPERSON

Thanked VTA staff for the 1996 Measure B Highway Projects Groundbreaking Ceremonial Souvenir “Break the Bottleneck” and “Unknot Traffic on Local Streets” memorative bottles.

Clarified the November 1, 2001 Board of Directors Meeting, at 6:00 p.m. and December 13, 2001 Board of Directors Meeting, at 12:00 p.m. both held in the Santa Clara County Board of Supervisors Chambers at the County Government Building, 70 West Hedding Street, San Jose, California.

Appointed Board Members Dando and Gage and Chairperson Valerio as the Nominating Committee for the Election of Chairperson and Vice Chairperson for the 2002 Board of Directors. Appointed Board Member Dando as Chairperson of the Nominating Committee.

Requested that nomination recommendations be forwarded to Sandra Weymouth, Board Secretary.

Congratulated Peter M. Cipolla, General Manager, on his appointment as APTA Chairperson.

34. REPORT FROM THE GENERAL MANAGER

Heard a report, highlighting: 1) APTA’s Annual Meeting, 2) Congratulations VTA Operator Robert Lawrence as well as VTA’s Maintenance Team Joe Gomes and Ray Duran for their achievements and strong showing at the 2001 APTA International Bus Roadeo, and 3) VTA Family Day at Paramount’s Great America Theme Park scheduled for Saturday, October 13, 2001.

Inquired on the additional funding required for the BART project and inquired on why VTA would go forward with only one new start project.

35. ANNOUNCEMENTS

Announced the appointment of Vice Chairperson Ron Gonzales to chair a task force for the Transportation Equity Act for the 21st Century (TEA-21).

Ex-Officio Board Member McLemore left the meeting at 10:54 a.m.

36. CLOSED SESSION at 10:54 a.m.

Board Member Dando left the meeting at 10:56 a.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 Lead Case No. CV785402, Consolidated Cases)

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

Property: The right-of-way to be acquired is a segment of the Western Pacific Milpitas Line, currently owned by Union Pacific Railroad (UP) and known as the old Western Pacific/Milpitas sub-division, which is approximately 17.7 miles in length, commencing north of Paseo Padre Parkway in the City of Fremont, County of Alameda, and terminating at a point just west of Almaden Road in the City of San Jose, County of Santa Clara.

Negotiator for VTA: Scott Buhrer, Chief Financial Officer
Negotiator for Seller, Union Pacific Railroad: Robert Starzell,
President Corporate Relations

B. Conference with Labor Negotiators
[Government Code �54957.6]

Employee Organizations: Service Employees International Union (SEIU) Local 715

Agency Designated Representatives:
Kaye Evleth, Director of Human Resources
James E. Pierson, Director of Planning and Development
Robert Escobar, Manager, Office of Civil Rights
Candice Gonzalez, Manager, Human Resources

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

Title: General Manager
Title: General Counsel

RECONVENED TO OPEN SESSION at 11:15 a.m.

37. (Formerly Agenda Item #22)

Authorized the General Manager to take all steps necessary to purchase an operating railroad corridor, currently owned by the Union Pacific Railroad (UP), and known as the old Western Pacific/Milpitas Subdivision for approximately $80,000,000 subject to adjustment based on review and finalization of property boundaries at an agreed upon price of $13.05 per square foot for those areas where the corridor cannot achieve at least 50 foot of width. (7 Board Members required)

Received public comment.

36. RECONVENED TO CLOSED SESSION at 11:19 a.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 Lead Case No. CV785402, Consolidated Cases)

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

Property: The right-of-way to be acquired is a segment of the Western Pacific Milpitas Line, currently owned by Union Pacific Railroad (UP) and known as the old Western Pacific/Milpitas sub-division, which is approximately 17.7 miles in length, commencing north of Paseo Padre Parkway in the City of Fremont, County of Alameda, and terminating at a point just west of Almaden Road in the City of San Jose, County of Santa Clara.

Negotiator for VTA: Scott Buhrer, Chief Financial Officer
Negotiator for Seller, Union Pacific Railroad: Robert Starzell,
President Corporate Relations

B. Conference with Labor Negotiators
[Government Code �54957.6]

Employee Organizations:
Service Employees International Union (SEIU) Local 715

Agency Designated Representatives:
Kaye Evleth, Director of Human Resources
James E. Pierson, Director of Planning and Development
Robert Escobar, Manager, Office of Civil Rights
Candice Gonzalez, Manager, Human Resources

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

Title: General Manager
Title: General Counsel

Board Member Lieber left the meeting at 11:22 a.m.
Board Member Gage left the meeting at 11:30 a.m.

RECONVENED TO OPEN SESSION at 11:56 a.m.

38. 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 Lead Case No. CV785402, Consolidated Cases)

There was no reportable action taken during Closed Session.

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

Property: The right-of-way to be acquired is a segment of the Western Pacific Milpitas Line, currently owned by Union Pacific Railroad (UP) and known as the old Western Pacific/Milpitas sub-division, which is approximately 17.7 miles in length, commencing north of Paseo Padre Parkway in the City of Fremont, County of Alameda, and terminating at a point just west of Almaden Road in the City of San Jose, County of Santa Clara.

Negotiator for VTA: Scott Buhrer, Chief Financial Officer
Negotiator for Seller, Union Pacific Railroad: Robert Starzell,
President Corporate Relations

There was no reportable action taken during Closed Session.

B. Conference with Labor Negotiators
[Government Code �54957.6]

Employee Organizations: Service Employees International Union (SEIU) Local 715

Agency Designated Representatives:
Kaye Evleth, Director of Human Resources
James E. Pierson, Director of Planning and Development
Robert Escobar, Manager, Office of Civil Rights
Candice Gonzalez, Manager, Human Resources

There was no reportable action taken during Closed Session.

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

Title: General Manager
Title: General Counsel

There was no reportable action taken during Closed Session.

39. ADJOURNED in Honor and Memory of the victims of the September 11, 2001 tragedies, at 11:56 a.m.