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Board of Directors Meeting

January 10, 2002

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.

2. Administered Oaths of Office to newly appointed Board Members
Dena Mossar from the City of Palo Alto representing Group 2 and Board Alternates Francis La Poll from the City of Los Altos representing Group 2; Joe Pirzynski from the Town of Los Gatos representing Group 3 and Jim Lawson from the City of Milpitas representing Group 4.

3. ROLL CALL:

Members Present: Alvarado, Beall (Ex-Officio) Chavez, Cortese, Dando, Gage, Gonzales, Kennedy, La Poll, Lawson, Mossar, McLemore (Ex-Officio), Nadler, Pirzynski, Springer, Valerio, Williams

Members Absent: McHugh, Yeager

4. ORDERS OF THE DAY

Requested adjournment in memory of Julia Stout, mother of Council Member Pat Dando; Joan Powers, long time City employee and administrative assistant to Council Member Linda J. LeZotte; and Gordon N. Chan, a leader in the Chinese American community.

Accepted Orders of the Day.

5. COMMENTS FROM CHAIRPERSON RON GONZALES

Heard comments from newly elected Chairperson Gonzales conveying thanks to outgoing Board Members, welcome to the new Board Members and welcoming back to continuing Board Members. He noted successes of the past year, priorities for the upcoming year and the expectations of a very busy, challenging and productive year ahead as VTA strives to continue to provide the best services and the high quality transportation services their customers deserve.

A. Appointed Board Members to the following Standing Committees: Administration and Finance: Pat Dando, Don Gage, Jane P. Kennedy and Forrest Williams; Congestion Management Program and Planning: Blanca Alvarado, Cindy Chavez, Tom Springer and Judy Nadler; Transit Planning and Operations: David Cortese, Ron Gonzales, Dena Mossar and Manuel Valerio.

Appointed Board Member Jane P. Kennedy as Chairperson of the Administration and Finance Committee for 2002.

Appointed Board Member Judy Nadler as Chairperson of the Congestion Management Program and Planning Committee for 2002.

Appointed Board Member Manuel Valerio as Chairperson of the Transit Planning and Operations Committee for 2002.

B. Appointed Board Members Dena Mossar and Jim Lawson to the Altamont Commuter Express (ACE) Joint Powers Board and Jim Lawson to the Capitol Corridor Intercity Rail Service Joint Powers Board.

C. Appointed Cindy Chavez to the Caltrain Lenzen Maintenance Yard Facility Oversight Committee.

Appointed Board Member Dena Mossar to the Metropolitan Transportation Commission’s 2000 San Francisco Bay Crossing Policy Committee.

6. AWARDS AND COMMENDATIONS

A. Employees of the Month

Presented awards to Thuy Montoya, River Oaks Administration, as our Employee of the Month for January 2002, Mel Sanders, as Supervisor of the Quarter in December 2001. Marcus Ward, North Operations and Ramona Barrientos, Cerone Maintenance were unable to attend.

Presented awards to VTA’s Maintenance Team Ray Duran, Joe Gomes and Gerry Welin who participated at the 2001; American Public Transportation Association’s (APTA’s) International Bus Roadeo, Ray Duran was unable to attend.

B. Adopted Resolution No. 02.01.01 of Commendation for Carolyn Berrey as she retires from VTA after 31 years of service.

C. Adopted Resolution No. 02.01.02 of Commendation for Ambrose Delfino as he retires from VTA after 33 years of service.

Presented an award to Peter M. Cipolla VTA General Manager and Chair of the American Public Transportation Association for 2001/2002 in recognition of his contributions to all transit users throughout the United States.

7. PUBLIC PRESENTATIONS

Member Williams left his seat at 6:32 p.m.

Karen Grimes, VTA Office Specialist II, requested a fair salary study and review for the Office Specialist II Classification.

Eugene Craig, VTA Office Specialist II, expressed opposition to proposed new managerial positions.

Member Williams returned to his seat at 6:33 p.m.

Eugene Bradley, Santa Clara VTA Riders Union, expressed concern regarding proposed fare box increases and requested enhanced bus service and public outreach.

Cameron Owens, Interested Citizen, requested a fair review of salary increases for Office Specialist II positions.

Bruce M. Stevens, ATU – 265 Representative, expressed concern regarding the lack of terrorist/criminal activity safety preparation and requested this be agendized to the appropriate Board Committee to discuss these issues.

Jenna Skinner, Borello Neighborhood Committee, expressed concern regarding the proposed underground crossing at the Hamilton Station and requested further investigation into possible options.

8. Hearing – Notice of Intention to Adopt a Resolution of Necessity – Santa Clara Caltrain Station Project

Property ID Number/Owner/Assessor’s Parcel Number
500 Benton Street, Santa Clara Arena/APN: 230-08-061 Resolution No. 02.01.03

Closed hearing and adopted Resolution No. 02.01.03 of Necessity in connection with the Santa Clara Caltrain Station Project, pursuant to Article 2 (commencing with Section 1245.210) of Chapter 4 of Title 7 of Part 3 of the Code of Civil Procedure of the State of California; and further directed the filing of eminent domain proceedings for the acquisition of certain real property.

CONSENT AGENDA

9. Approved the Minutes of the Regular Board of Directors’ Meeting of December 14, 2001.

10. Approved the Minutes of the Special Board of Directors’ Meeting of December 14, 2001.

ADMINISTRATION AND FINANCE COMMITTEE

11. Received and filed the 2001 Year-end Meetings Attendance Report.

12. Authorized the General Manager to execute a contract with Golden State Overnight, the lowest responsible bidder, for express mail services for a period of three years in an amount not to exceed $155,085; and further authorize the General Manager to execute a two-year option for years four and five, for a contract total not to exceed $274,174.

13. Authorized the General Manager to extend the claims administration contract with United Administrative Services through January 31, 2005.

14. Authorized the General Manager to extend the current agreement by six months to June 30, 2002 with Management and Personnel Systems, Incorporated (MPS), for employment selection testing services, and increase the contract by $50,000 for a total contract amount not to exceed $190,000.

15. Adopted Resolution No. 02.01.04 suspending implementation of the optional provisions of VTA’s 457 Deferred Compensation Plan and 401(a) Money Purchase Plan, approved by the VTA Board of Directors on November 1, 2001 for implementation effective January 1, 2002, until the State of California amends its tax law.

16. Authorized the General Manager to execute a contract with Advantel Incorporated to upgrade the River Oaks telephone system and install the Mitel “Ops Manager” voice network management system for an amount not to exceed $146,760.

17. Authorized the General Manager to extend the existing contract with Pinkerton Security, Incorporated for armed and unarmed security and protective services for two years in the amount of $12,000,000.

18. Authorized the General Manager to amend the contract with HMH, Incorporated for preliminary engineering to add final design services of the Route 152 Safety Improvement Project, increasing the approved contract value by $1,285,000 for a new value not to exceed $2,580,000; and extend the term of the contract through the completion of civil and landscaping construction to December 2005.

19. Authorized the General Manager to exercise the optional bid item on the Route 101 Widening contract with RGW Construction to implement the six mixed-flow lanes plus two high occupancy vehicle (HOV) lane alternative, increasing the contract amount to $29,291,910, conditional upon Caltrans’ approval to implement the additional pavement widening for the project from Metcalf Road to Cochrane Road.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

20. Authorized the General Manager to execute a contract with HNTB Corporation for consultant assistance in the development of the Southern Gateway Transportation and Land Use Study in an amount not to exceed $525,000.

21. Programmed Federal Transportation Equity Act for the 21st Century (TEA-21) Transportation Enhancements (TE) funds.

TRANSIT PLANNING AND OPERATIONS COMMITTEE

22. Authorized the General Manager to execute Agreements with Qwest Communications Corporation and MCI Worldcom for the relocation of Qwest and Worldcom Company Facilities required by the Tamien to Lick Caltrain Track Improvement Project, for a total not to exceed amount of $960,000.

23. Authorized the General Manager to execute an amendment to the Carter Burgess Design Services Agreement for additional design services and support services during construction on the Capitol Light Rail Project in an amount of $1,600,000 for a new not to exceed contract amount of $17,400,000, and to extend the contract term through September 30, 2004.

24. Authorized the General Manager to execute an amendment to the Parsons Brinckerhoff/Morrison Knudsen (PB/MK) Design Services Agreement for additional design services and support services during construction on the Tasman East Light Rail Project in an amount of $1,700,000, for a new not to exceed contract amount of $60,577,340.

25. Authorized the General Manager to execute a contract with C & C Painting & Decorating, the lowest responsive and responsible bidder, for the painting maintenance and repair of all VTA structures and facilities. The term of the contract is for three years with two one-year options at an estimated annual cost of $335,875 for the first year, $352,855 for the second year and $369,875 for the third year. Option years four and five are estimated at a cost of $386,500 and $404,895 respectively, with an estimated total contract amount of $1,850,000 over five years.

26. Authorized the General Manager to exercise the three one-year options of the existing contract with Coast Landscape Management, Inc., extending the contract through February 2005, for weekly landscape maintenance and weed abatement services at selected VTA facilities and properties, transit centers and Park & Ride lots. The value of the three option years will not exceed $121,000 per year for a total contract amount of $605,000 for the five-year term of the contract.

27. Authorized the General Manager to exercise the two remaining one-year options of the existing contract with Tri-City Maintenance, extending the contract through January 2004, for transit center janitorial maintenance and housekeeping services. The value of the two option years will not exceed $60,000 for the fourth option year and $60,000 for the fifth option year for a total contract amount of $300,000 for the five-year term of the contract.

28. Authorized the General Manager to execute two separate five-year lease agreements and to exercise the options to renew each for four additional five-year periods with Sprint Spectrum Limited Partnership (Sprint), for one cellular antenna site at the North Operating Division and co-location with Nextel of California, Inc., at VTA’s existing site at River Oaks Administrative Facility.

29. Authorized the General Manager to execute a contract with Tinney Construction, the lowest responsible bidder for construction of the Operator Facilities at Bassett Street and at West Valley College, in the amount of $253,900.

30. Authorized the General Manager to execute a contract with E.A. Davidovits & Co., Inc., the lowest responsible bidder for the LRV Facility New Parts Storage Building Project, in the amount of $2,565,792.

31. Certified that the Initial Study for the Cerone Complex Improvements Project (Project): a. meets the requirements of the California Environmental Quality Act (CEQA); b. represents the independent judgment of VTA as Lead Agency; and c. was presented to the Board of Directors and that they reviewed and considered it; 2) adopted a Mitigated Negative Declaration based on consideration of the Initial Study, comments received and responses to those comments; 3) adopted a mitigation monitoring plan; and, 4) approved the Project.

REGULAR AGENDA

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

32. Approved the 2002 State Legislative Program for the Santa Clara Valley Transportation Authority (VTA) as amended to reflect endorsement and support of Proposition 42 on the March 2002 Ballot.

33. Approved the 2002 Federal Legislative Program for the Santa Clara Valley Transportation Authority (VTA).

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.

TRANSIT PLANNING AND OPERATIONS COMMITTEE
CHAIRPERSON’S REPORT – MANNY VALERIO

34. Authorized the General Manager to amend the total authorized funding for the R & L Brosamer, Inc., civil and structural construction contract from I-880 to Autumvale Drive by an amount of $3,160,000 to fund a schedule recovery change order for a new contract amount not to exceed $55,951,256. This contract is 85 percent federally funded.

Thanked VTA for their perseverance regarding this project.

OTHER ITEMS

35. Received and filed a Report Regarding Tasman West Contract C310/410 (Homer J. Olsen) Litigation.

36. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no items of Concern and Referral to Administration.

37. LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

38. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the Agenda Packet.

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

A. Peninsula Corridor JPB

Heard a report that the Peninsula Corridor JPB, at its meeting on Thursday, January 10, 2002 approved a position in support of Proposition 42. Elected Mike Nevin as the Chair and John McLemore as Vice Chair of the Peninsula Corridor JPB for 2002.

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 Altamont Commuter Express JPB.

D. Metropolitan Transportation Commission (MTC)

Heard a report that the Metropolitan Transportation Commission, at its meeting on Wednesday, December 19, 2001 approved the Regional Transportation Plan. MTC and VTA will work on Life Line Transit Program over the next several months.

Encouraged Board Members to attend the APTA meeting in March 2002.

Noted that MTC will review the State Budget on Friday, January 11, 2002.

Noted a large turnout of from Santa Clara County prior to adoption of the Regional Transportation Plan and thanked everyone who supported that Plan.

40. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A. Tasman/Capitol Light Rail PAB

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

B. Vasona Light Rail PAB

There was no report from the Vasona Light Rail PAB.

C. Silicon Valley Rapid Transit Corridor PAB

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

D. Caltrain PAB

There was no report from the Caltrain PAB.

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.

41. REPORT FROM THE CHAIRPERSON

There was no report from the Chairperson.

42. REPORT FROM THE GENERAL MANAGER

Heard a report regarding a favorable Final Audit Report from the Federal Transit Substance Abuse Program.

Member Beall left the meeting at 7:04 p.m.

43. ANNOUNCEMENTS

Announced that Ray Suarez, Journalist and Author will speak at the Mexican Heritage Plaza, 1800 Alum Rock Avenue on Wednesday, January 23, 2002.

Thanked VTA and specifically Anne-Catherine Vinickas, Director of Marketing for their role in co-sponsoring the event.

Member Gage left the meeting at 7:06 p.m.

44. CLOSED SESSION at 7:07 p.m.

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

1. Homer J. Olsen v. Santa Clara Valley Transportation Authority(Santa Clara County Superior Court Lead Case No. CV785402, Consolidated Cases)

2. Santa Clara Valley Transportation Authority v. Kunde (Santa Clara County Superior Court No. CV785224, eminent domain.)

RECONVENED TO OPEN SESSION at 7:25 p.m.

45. CLOSED SESSION REPORT

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

1. Homer J. Olsen v. Santa Clara Valley Transportation Authority
(Santa Clara County Superior Court Lead Case No. CV785402, Consolidated Cases)

2. Santa Clara Valley Transportation Authority v. Kunde (Santa Clara County Superior Court No. CV785224, eminent domain.)

There was no reportable action taken during Closed Session.

46. ADJOURNED at 7:26 p.m. in memory of Julia Stout, mother of Council Member Pat Dando, Joan Powers, long time City employee and administrative assistant to Council Member Linda J. LeZotte and Gordon N. Chan, a leader in the Chinese American community.