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Board of Directors Meeting

November 01, 2001

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

Summary Minutes

1. CALLED TO ORDER at 6:03 p.m.

ROLL CALL:

Members Present: Beall (Ex-Officio), Chavez, Dando, Gage, D. Kennedy, J.P. Kennedy, Lieber, McHugh, Springer, Valerio, Williams

Members Absent: Alvarado, Attaway, Cortese, Eakins, Gonzales, Nadler, McLemore (Ex-Officio), Yeager

2. ORDERS OF THE DAY

Added to the Consent Agenda Addendum Item #30.X. Approve supplemental salary and health benefits for up to 6 months for eligible employees called to military service as a result of the Attack on America, to follow exhaustion of their mandated 30-calendar day continuation granted by law; this recommendation will be in effect until December 31, 2002.

Removed from the Regular Agenda and placed on the Consent Agenda, Agenda Item #30, Authorize the General Manager to execute a cost sharing agreement with the City of San Jose Redevelopment Agency to share up to 50 percent of the contract costs associated with the creation of the Diridon/Arena Strategic Development Plan, not to exceed $155,000 and Agenda Item #38, Adopt the 2002 Board of Directors’ Meeting Schedule.

Member Lieber took her seat at 6:04 p.m.

Deferred Agenda Item #3, Awards and Commendations to the December 13, 2001 Board Meeting.

Requested staff prepare and distribute a written report for Agenda Item #36, Reports from Joint Powers Boards and Regional Commissions and Agenda Item #37, Reports from Policy Advisory Boards.

Deferred Agenda Item #28, Approve the submittal of a budget increase request to the County of Santa Clara for an additional $10 million from the 1996 Measure B Highway Program Contingency Reserve to be allocated to the Route 87 North HOV Lanes Project to the December 13, 2001 Board Meeting.

Member Chavez took her seat at 6:05 p.m.

Heard immediately following Closed Session, Agenda Item #4, Public Presentations.

Accepted Orders of the Day.

The Agenda was taken out of order.

3. (Deferred to the December 13, 2001 Board of Directors Meeting.)

AWARDS AND COMMENDATIONS

Employees of the Month

2001 APTA Roadeo Participants

CONSENT AGENDA

5. Approved the Minutes of the Regular Board of Directors’ Meeting of October 11, 2001.

ADMINISTRATION AND FINANCE COMMITTEE

6. Authorized the General Manager to execute grants of fee parcels and road easement parcels to the City of Mountain View and fee parcels to the City of Santa Clara for street and sidewalk. Further, authorized the General Manager to grant partial assignments of Public Service Easement (PSE) rights to affected utility companies in connection with the Tasman Light Rail Project.

7. Adopted Resolution No. 01.11.44 finding that the procurement of an archival document imaging system through competitive negotiation is appropriate, as provided for in Public Contract Code Section 20306.

8. Authorized the amendment of VTA’s 457 Deferred Compensation Plan and 401(a) Money Purchase Plan to incorporate provisions mandated by The Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), to incorporate optional provisions authorized by the Act, and to incorporate changes to the loan provisions of the Plan.

9. Authorized the General Manager to execute a contract with Learnframe, Inc. for the acquisition of a Learning Management System and software customization services for a total amount of $200,000.

10. Authorized the General Manager to extend the contract with Cogneo for one year to December 31, 2002, for hosting and maintenance support of VTA’s website, and to increase the contract authority by $162,000 for a revised contract amount of $672,000; and further authorized the General Manager to execute an additional contract extension of one year to December 31, 2003, for $120,000.

11. Authorized the General Manager to execute a contract with Gold Rush Express, the lowest responsible bidder, for courier service for a period of three years in an amount not to exceed $90,454 for the three-year period; and further authorized the General Manager to execute two one-year options, for a contract total not to exceed $154,918.

12. Authorized the General Manager to execute a contract with Robert F. Driver Company, Incorporated (Driver) for insurance brokerage and loss control service for VTA operations in an amount not to exceed $264,555 for a three-year period commencing January 1, 2002

13. Authorized the General Manager to execute an amendment to the Attorney Services Agreement with the firm of Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP to add $200,000, for a new not-to-exceed contract value of $400,000.

14. Authorized the General Manager to execute an amendment to the Appraisal Services Agreement with the Firm of Hulberg & Associates, Inc., to add $125,000 for a new not-to-exceed contract value of $425,000, and to extend the term of the Agreement for one year to expire December 31, 2002.

15. Authorized the General Manager to amend the contract with Mark Thomas & Company for final design of the Route 880 Widening Project to include services for Community Oriented Design Enhancement and landscaping design and design support during construction, increasing the approved contract by $405,550 for a new value not to exceed $5,058,894, and extend the term of the contract through the completion of civil and landscaping construction to November 30, 2004.

16. Authorized the General Manager to amend the contract with URS Corporation for final design of the Routes 85/87 Interchange Project to include services for design support during construction and additional final design services, increasing the approved contract by $215,000 for a new value not to exceed $5,132,287, and extend the term of the contract through the completion of civil and landscaping construction to November 30, 2004.

17. Authorized the General Manager to amend the contract with Brian Kangas Foulk for final design of the Route 101 Widening Project to include services for design support during construction and additional final design, increasing the approved contract by $618,282 for a new value not to exceed $5,242,207, and extend the term of the contract through the completion of civil and landscaping construction to November 30, 2004.

18. Authorized the General Manager to amend the contract with Parsons Transportation Group (PTG) for final design of the Routes 237/880 Interchange Project to include services for design support during construction, increasing the approved contract by $145,000 for a new value not to exceed $4,523,800 and extend the term of the contract through the completion of civil and landscaping construction to November 30, 2004. (Member D. Kennedy abstained)

19. Authorized the General Manager to amend the contract with Rajappan & Meyer for final design of the Route 85/101 South Interchange Project to include services for Community Oriented Design Enhancement design, landscaping design, additional final design services and design support during construction, increasing the approved contract by $905,000 for a new value not to exceed $6,224,257 and extend the term of the contract through the completion of civil and landscaping construction to November 30, 2004.

20. Authorized the General Manager to execute Construction and Maintenance Agreements with the Union Pacific Railroad (UPRR) and California Department of Transportation (Caltrans) for the: 1) Route 880 Widening project including a payment to UPRR of up to $250,000 and; 2) for the Route 85/101 South Interchange project including a payment to UPRR of up to $125,000.

21. Approved the 1996 Measure B baseline scope, baseline schedule and baseline cost estimate for the Route 87 South HOV Lanes Project, in accordance with Article V – Project Definition of the Master Agreement with the County of Santa Clara.

22. Authorized the General Manager to amend the contract with BrightStar Inc. for SAP support to add $2,500,000 for a new contract amount of $5,050,000; amend the contract for Modis Idea Integration Inc. for SAP support to add $750,000 for a new contract amount of $2,150,000; authorize the General Manager to expend up to an additional $3,500,000 for general ISG consulting and support services, as needed, among BrightStar Inc., Modis Inc., Hall Kinion, Systems Consulting Consortium, Transnational Computer Technology, Compaq, F1, Playatec and Prosource XL.

23. Approved the FY 2002-2003 Budget Assumptions.

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

24. Authorized the General Manager to execute a contract amendment with Parsons Brinckerhoff Quade & Douglas to extend the contract duration for design support services during construction on the Vasona Light Rail Project through April 30, 2005.

25. Authorized the General Manager to execute two task-order contracts with H.T. Harvey and Associates and Jones and Stokes to provide on-call biological resources expertise and technical support for a three-year period with an option for two additional years and a total combined value not to exceed $500,000. Task orders will be issued as funds become available for individual projects.

26. Authorized the General Manager to amend the utility relocation agreement with Pacific Gas and Electric (PG&E), in the amount of $3,950,000, for a new not to exceed amount of $7,000,000 for the relocation of facilities in conflict with the Capitol and Vasona Light Rail Projects.

27. Authorized the General Manager to amend the utility relocation agreement with Pacific Bell in the amount of $900,000, for a new not to exceed amount of $3,000,000, for the relocation of facilities in conflict with the Capitol and Vasona Light Rail Projects.

30. Authorized the General Manager to execute a cost sharing agreement with the City of San Jose Redevelopment Agency to share up to 50 percent of the contract costs associated with the creation of the Diridon/Arena Strategic Development Plan, not to exceed $155,000.

30.X. Approved supplemental salary and health benefits for up to six months for eligible employees called to military service as a result of the Attack on America, to follow exhaustion of their mandated thirty-calendar day continuation granted by law. This recommendation shall be in effect until December 31, 2002.

REGULAR AGENDA

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON’S REPORT

28. (Deferred to the December 13, 2001 Board of Directors Meeting.)

29. Approve the 1996 Measure B baseline scope, baseline schedule and baseline cost estimate for the Route 87 North HOV Lanes 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 $10 million from the 1996 Measure B Highway Program Contingency Reserve to be allocated to the Route 87 North HOV Lanes Project.

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

29. Authorized the General Manager to execute a contract with the GE Transportation Systems Global Signaling (GETS) for a total amount of $28,799,633 for the procurement of Systemwide Signaling and Communication Equipment for Tasman East, Capitol and Vasona Light Rail Projects, contingent upon a valid contractors license being in place prior to execution of the contract.

Ex-Officio Member Beall took his seat at 6:15 p.m.

Henry Hoge, HSQ Technology, expressed concern regarding VTA’s evaluation process and noted contractor-licensing requirements.

30. (Consent Agenda.)

Authorize the General Manager to execute a cost sharing agreement with the City of San Jose Redevelopment Agency to share up to 50 percent of the contract costs associated with the creation of the Diridon/Arena Strategic Development Plan, not to exceed $155,000.

OTHER ITEMS

30.X. (Consent Agenda.)

Approve supplemental salary and health benefits for up to six months for eligible employees called to military service as a result of the Attack on America, to follow exhaustion of their mandated thirty-calendar day continuation granted by law. This recommendation shall be in effect until December 31, 2002.

31. REPORT FROM THE NOMINATING COMMITTEE

Accepted the Nominating Committee Report recommending the following slate of officers for the 2002 Board of Directors: Chairperson, Ron Gonzales; Vice Chairperson, Jane P. Kennedy, for a term of January 1, 2002 through December 31, 2002.

32. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON FOR 2002

Elected for the 2002 Board of Directors: Chairperson, Ron Gonzales; Vice Chairperson, Jane Kennedy, for a term of January 1, 2002 through December 31, 2002.

33. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

Requested a briefing regarding security issues raised by ATU employees.

34. LEGISLATIVE REPORT

There was no Legislative Report.

35. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the Agenda Packet.

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

Requested staff prepare and distribute a written report.


37. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

Requested staff prepare and distribute a written report.


38. REPORT FROM THE CHAIRPERSON

Adopted the Year 2002 Board of Directors Meeting Calendar.

Members, Chavez and McHugh left the meeting at 6:23 p.m.

40. ANNOUNCEMENTS

Removed Agenda Items, B. 2 and 4 from the Closed Session Agenda.

41. CLOSED SESSION at 6:20 p.m.

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

Title: General Manager
Title: General Counsel

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

1. Name of Case: Santa Clara Valley Transportation Authority v. Schlosser, et al. (Santa Clara County Superior Court No. CV 795435—Complaint in Eminent Domain)

2. (Removed from the Agenda.)

Name of Case: Santa Clara Valley Transportation Authority v. Cimino, et al. (Santa Clara County Superior Court No. CV 796043—Complaint in Eminent Domain)

3. Name of Case: Santa Clara Valley Transportation Authority v. Bianchi, et al. (Santa Clara County Superior Court No. CV 791177—Complaint in Eminent Domain)

4. (Removed from the Agenda.)

Name of Case: Santa Clara Valley Transportation Authority v. Spielbauer, et al. (Santa Clara County Superior Court No. CV 795878—Complaint in Eminent Domain)

5. Name of Case: Homer J. Olsen v. Santa Clara County Transit District (Santa Clara County Superior Court Lead Case No. CV785402, Consolidated Cases)

RECONVENED TO OPEN SESSION at 6:33 p.m.

Member McHugh took his seat at 6:34 p.m.

CLOSED SESSION REPORT

There was no reportable action taken during Closed Session.

Member Gage left the meeting at 6:33 p.m.

On Order of Chairperson Valerio, there being no objection, a Committee of the Whole was declared.

Member Williams left the meeting at 6:34 p.m.

Ex-Officio Member Beall left the meeting at 6:34 p.m.

4.PUBLIC PRESENTATIONS

Comments were received from the following employees of Homer J. Olsen regarding existing litigation with VTA: Charlie Tasto, Sergio J. Zilli, Carol Zilli, Wayne Graben, William Johnson, Dian Nosenzo, Krista Tasto, Mark Zhang, Brian Thompsan, Doug Kennedy, Scott Clayton, Ike Riser, Terry Howery and Paul Petri.

Debbie Fieber, concerned citizen, expressed concern regarding the Hamilton Avenue Light Rail crossing/overpass.

John Kamrish, VTA Operator, expressed concern regarding safety issues pertaining to Operators and Dispatchers.

39. REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.

40. ANNOUNCEMENTS (continued)

There were no announcements.

42. ADJOURNED at 7:25 p.m.