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Board of Directors Meeting

December 14, 2001

Hyatt San Jose
Mediterranean Center
1740 North First Street
San Jose, California

Summary Minutes

1. CALLED TO ORDER at 8:40 a.m.

ROLL CALL: Members Present: Alvarado, Chavez, Cortese, Dando, Gage, D. Kennedy, J.P. Kennedy, McHugh, Nadler, Springer, Valerio, Williams, Yeager

Members Absent: Attaway, Beall (Ex-Officio), Eakins, Gonzales, Lieber, McLemore (Ex-Officio)

2. ORDERS OF THE DAY

Noted that a Special Meeting of the Board of Directors will convene immediately following this meeting or at 9:00 a.m., whichever is later.

Accepted Orders of the Day.

3. AWARDS AND COMMENDATIONS

Employees of the Month

Presented awards to Lorene Harris, Cerone Operations; Charles Justice, Guadalupe Maintenance and Steve McClain, River Oaks Administration as our Employees of the Month for December 2001. Melvin Sanders, Supervisor of the Quarter, was unable to attend.

Presented awards to Judy Simmons, River Oaks Administration, and Dennis Patrick, North Maintenance as our Employees of the Month for November 2001. Dean Coy, Cerone Operations, was unable to attend the Meeting.

B. 2001 APTA Roadeo Participants

Deferred recognition of the 2001 APTA Roadeo participants.

C. Recognition of William G. McLean

Recognized William G. McLean on his appointment as an International Vice President for the Amalgamated Transit Union.

4. PUBLIC PRESENTATIONS

Marilyn Smith, Local 715 Representative, expressed appreciation for progress made regarding contracting out, transit support reclassification, and grievances pertaining to confidential clerical positions.

Bruce M. Stevens, ATU – 265 Representative, expressed concern regarding scheduled work on holidays and lack of rain gear for Fare Inspection employees.

Dave Nosenzo, President, Homer J. Olsen, Inc., expressed gratitude to the Board of Directors for time taken to recognize employees of Homer J. Olson, Inc. at the November 2001 Meeting.

CONSENT AGENDA

Removed from the Consent Agenda and placed on the Regular Agenda, Item #9., Authorize the General Manager to execute a Cooperative Agreement with the California Department of Transportation (Caltrans) covering environmental and design phases of the I-880/Coleman Avenue Interchange Project.

Removed from the Consent Agenda and placed on the Regular Agenda, Item #15., Authorize the General Manager to execute a contract with Mass Electric Construction Company, the lowest responsible bidder, in an amount of $5,799,595 for furnishing and installing the Overhead Contact System for the Vasona Light Rail Project. This contract is 82.8 percent federally funded.

Removed from the Consent Agenda and placed on the Regular Agenda, Item #10., Authorize the General Manager to amend the contract with Ruth & Going, Inc. for preliminary engineering and final design of the Route 87 North HOV Lane Widening Project increasing the existing contract value of $3,689,000 by $1,648,182 for a new value not to exceed $5,337,182, and extending the term of the contract through the completion of civil and landscaping construction to December 31, 2006.

5. Approved the Minutes of the Regular Board of Directors’ Meeting of November 1, 2001.

6. Approved the Minutes of the Special Board of Directors’ Meeting of November 9, 2001.

ADMINISTRATION AND FINANCE COMMITTEE

7. Approved the re-appointments of Emma Eljas, Sandra Gouveia, Ex-Officio Member Katie Heatley, Martin Lasich, Laura Michels and Maryjane Naughten to serve two-year terms on the CTA.

8. Approved the appointment of Patricia E. Sausedo from San Jose representing the National Association of Industrial and Office Properties (NAIOP) to the Citizens Advisory Committee with a term expiration of June 30, 2002.

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

Authorize the General Manager to execute a Cooperative Agreement with the California Department of Transportation (Caltrans) covering environmental and design phases of the I-880/Coleman Avenue Interchange Project.

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

Authorize the General Manager to amend the contract with Ruth & Going, Inc. for preliminary engineering and final design of the Route 87 North HOV Lane Widening Project increasing the existing contract value of $3,689,000 by $1,648,182 for a new value not to exceed $5,337,182, and extending the term of the contract through the completion of civil and landscaping construction to December 31, 2006.

11. Authorized the General Manager to amend the existing preliminary engineering contract with Brian Kangas Foulk to add services for final design of the Route 87 South HOV Lane Widening Project, increasing the existing contract by $4,810,886 for a new value not to exceed $5,948,745, and extending the term of the contract through the completion of civil and landscaping construction to December 31, 2006.

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

12. Authorized the General Manager to execute a contract with Valley Crest Landscaping, the lowest responsible bidder, in the amount of $268,645 for construction of the Tasman East Light Rail Project - Site Restoration (Phase Two) improvements.

13. Authorized the General Manager to execute a sidewalk easement with the City of Mountain View as part of the North Division Reconstruction Project.

14. Authorized the General Manager to execute Amendment No. 1 to the agreement with Parsons Brinkerhoff Quade and Douglas, Inc. (PBQ&D), for the Facilities Master Plan Study, increasing the approved contract amount by up to $200,000 for a new value not to exceed $450,000.

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

Authorize the General Manager to execute a contract with Mass Electric Construction Company, the lowest responsible bidder, in an amount of $5,799,595 for furnishing and installing the Overhead Contact System for the Vasona Light Rail Project. This contract is 82.8 percent federally funded.

REGULAR AGENDA

15. Ron Losch, Kingston Constructors, noted an error in the mailing process regarding the contract for furnishing and installing the Overhead Contact System for the Vasona Light Rail Project.

Staff reported that correspondence was sent addressing issues which have been raised. Staff further reported a lack of acknowledgement of Addendum #2 and noted that Kingston Constructors did not submit a bid on the corrected bid form that was submitted to bidders with Addendum #2.

Staff noted that the bid form was materially different from the bid form that was originally in the package.

Queried whether addenda are sent out by Registered Mail.

Queried whether a Declatory Statement is contained in the packet affirming that the packet has been received.

Queried whether there is a mechanism to ensure that this situation is absolutely fair in how the process is handled.

Expressed satisfaction with the response from staff regarding the process used.

Authorized the General Manager to execute a contract with Mass Electric Construction Company, the lowest responsible bidder, in an amount of $5,799,595 for furnishing and installing the Overhead Contact System for the Vasona Light Rail Project. This contract is 82.8 percent federally funded.

9. Authorized the General Manager to execute a Cooperative Agreement with the California Department of Transportation (Caltrans) covering environmental and design phases of the I-880/Coleman Avenue Interchange Project.

Requested clarification regarding amenities surrounding this Project.

10. Authorized the General Manager to amend the contract with Ruth & Going, Inc. for preliminary engineering and final design of the Route 87 North HOV Lane Widening Project increasing the existing contract value of $3,689,000 by $1,648,182 for a new value not to exceed $5,337,182, and extending the term of the contract through the completion of civil and landscaping construction to December 31, 2006.

Requested clarification regarding whether $3,689,000 includes settling work necessary on this roadway.

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON’S REPORT – JANE P. KENNEDY

16. Approved 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.

17. Received a report regarding the purchase of an Insurance Program for the Union Pacific Railroad Agreement for the Vasona Light Rail Line Eastern Segment.

18. Amy Dean, South Bay AFL-CIO, supported the current implementation plan and urged adoption of same.

Ms. Dean recommended a baseline of data before adoption of the pilot program and further recommended that staff question whether there have been government claims made against a contractor or sub-contractor over the last five years or whether the firm has violated the law at any level of government.

Ms. Dean expressed disappointment regarding the spirit in which conflict is resolved.

Discussion ensued regarding the Brown Act.

Neil Struthers, CEO, Building Construction Trades Council of Santa Clara and San Mateo Counties clarified that VTA staff was invited to the meeting regarding the pre-qualification process. Mr. Struthers noted this was an education process. It was not a lobbying event or an event to discuss today’s meeting, previous meetings or meetings that will occur in the future.

Mr. Struthers requested that when problems arise, they are addressed timely by the Board of Directors, the Administration and Finance Committee or another Standing Committee of VTA. Mr. Struthers further requested that the DEIR document be added to the Pilot Program for consistency reasons and noted that data needs to be collected now in order for there to be a comparative process in 18 months.

Queried the Board of Directors’ Bylaws for calling a Special Meeting of the Board of Directors.

Stated that the outcome of this process is important, and will create a document that will provide what is best for the public.

Approved and adopted the recommended success criteria for the Contractor Pre-qualification Pilot Program, and approved the attached Program Implementation Plan, as amended.

Member Gage left the meeting at 9:55 a.m.

Member Chavez left her seat at 10:05 a.m.

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 –DENNIS KENNEDY

Member Dando left her seat at 10:05 a.m.

19. Received a report regarding the Vasona Light Rail Project Update on the Hamilton Avenue Crossing.

Member Chavez took her seat at 10:10 a.m.
Member Dando took her seat at 10:12 a.m.

Staff provided the status of the California Public Utilities Commission (CPUC) briefs and legal action and alternatives available to the Board of Directors as well as cost and schedule impacts associated with the alternatives.

Cautioned that addenda referenced in the report need to be clearly distinctive.

Jenna Skinner, Borello Neighborhood Association, expressed concern regarding a misconception regarding the impact the overcrossing will have on the community.

Debbie Fieber, Borello Neighborhood Association, expressed concern that the changes in the Hamilton Avenue Grade Separation Addendum have been trivialized, noting that the changes are major and requested a supplement to the EIR.

Kimberly Fitzgerald, Campbell resident, expressed concern regarding the aesthetic impact and noise that an at-grade or overhead light rail crossing at Hamilton Avenue will have on the neighborhood.

Expressed appreciation to the speakers for presenting their views and agreed with concerns regarding the effect the aerial structure would have on the neighborhood. Further expressed appreciation to VTA staff for deciding to continue on with the protest with the CPUC decision and waiting for the Administrative Law Judge’s (ALJ) decision before going forward with a recommendation.

Member Alvarado left the meeting at 10:26 a.m.

Emphasized the importance of making a solid decision regarding this item in March 2002.

Member McHugh took his seat at 10:27 a.m. as a Representative for the County of Santa Clara.

OTHER ITEMS

20. Approved the 2001 Santa Clara County Congestion Management Program (CMP).

21. Authorized the General Manager to execute a contract with RGW Construction, Inc., the lowest responsible bidder, in the amount of $660,338 for construction of the Route 17 Improvements Project D, a 1996 Measure B Transportation Improvement Program project.

22. Adopted Resolution No. 01.12.46 finding that the purchase or capital lease of Fueling Equipment for the Zero Emission Bus Demonstration Project through competitive negotiation is appropriate, as provided in Public Contract Code Sec. 20306.

23. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

Requested that staff respond in writing to concerns expressed regarding scheduled work on holidays and lack of rain gear for Fare Inspection employees.

24. LEGISLATIVE REPORT

There was no Legislative Report.

25. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the Agenda Packet.

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

A. Peninsula Corridor JPB

Heard a report that the Peninsula Corridor Joint Powers Board, at its meeting on Thursday, December 6, 2001, approved the First Amendment to the Cooperative Agreement between the JPB and the City of San Jose concerning the Caltrain Maintenance Facility. The Amendment incorporates a statement of shared objectives, project design and operation actions that respond to community concerns related to reducing the impacts of the facility. The Agreement was voted upon by the Community Board that was established by the City of San Jose and the City of San Jose City Council.

B. Capitol Corridor JPB

There was no report from the Peninsula Corridor JPB.

C. ALTAMONT COMMUTER EXPRESS (ACE) JPB

There was no report from the Altamont Commuter Express JPB.

D. Metropolitan Transportation Commission (MTC)

There was no report from MTC.

27. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A. Tasman/Capitol Light Rail PAB

There was no report from the Tasman/Capitol Light Rail PAB.

Vasona Light Rail PAB

There was no report from the Vasona Light Rail PAB.

Silicon Valley Rapid Transit Corridor PAB

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

Caltrain PAB

Heard a report that the Caltrain PAB was recently reactivated, primarily for the purpose of updating the 1996 Measure B Caltrain Plan. The PAB met on Wednesday, November 14, 2001, to discuss these potential changes in the Measure B Program. Following the PAB meeting, VTA staff will meet with cities and Caltrain to further refine projects. The proposed new plan will be presented for public review and comment in early 2002. The PAB intends to meet again following the public workshops in early 2002.

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.

28. REPORT FROM THE CHAIRPERSON

Appointed VTA Board Members Manuel Valerio and David Cortese to represent VTA on the County of Santa Clara’s Comprehensive County Expressway Planning Study PAB.

29. REPORT FROM THE GENERAL MANAGER

Heard a report, highlighting: 1) American Public Transportation Association (APTA) Conference; 2) Agenda of January 2002 Board of Directors Workshop and 3) goals and objectives of Strategic Plan and Business Plan.

ANNOUNCEMENTS

Announced that a dinner to honor our outgoing Board Members will be held at the San Jose Fairmont on Thursday, January 24, 2002.

31. CLOSED SESSION at 10:42 a.m.

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

Title: General Manager
Title: General Counsel

Member Chavez left the meeting at 10:43 a.m.
Member Springer left the meeting at 10:53 a.m.
Member D. Kennedy left the meeting at 11:30 a.m.

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

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

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

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

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

Property: 175 South Capitol Avenue, San Jose, California

Negotiating Parties: James Teng and Chaska Teng for the Owners;
Ross Dalpre, Real Estate Manager, for VTA

Under Negotiation: Price and terms of payment

RECONVENED TO OPEN SESSION at 11:58 a.m.

32. CLOSED SESSION REPORT

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

Title: General Manager
Title: General Counsel

Member Chavez left the meeting at 10:43 a.m.
Member Springer left the meeting at 10:53 a.m.
Member D. Kennedy left the meeting at 11:30 a.m.

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

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

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

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

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

Property: 175 South Capitol Avenue, San Jose, California

Negotiating Parties: James Teng and Chaska Teng for the Owners;
Ross Dalpre, Real Estate Manager, for VTA

Under Negotiation: Price and terms of payment

There was no reportable action taken during Closed Session.

33. ADJOURNED at 11:59 a.m.