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Board of Directors Meeting

February 07, 2002

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

Summary Minutes

1. CALLED TO ORDER at 6:07 p.m.

2. ROLL CALL

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

Members Absent: Beall (Ex-Officio), Lawson, McHugh, Yeager

3. ORDERS OF THE DAY

Added Addendum Item #21.X., Authorize the General Manager to apply for and execute a grant agreement with the California Energy Commission (CEC) and file any supporting documents required by either the Federal Department of Energy (DOE) or the CEC as part of this grant application.

Added Addendum Item #32.B.X., Existing Litigation - Conference with Legal Counsel [Government Code Section 54956.9(a)], Name of Case: Sanchez v. Santa Clara County Transit District (SCCTD) (Santa Clara County Superior Court Case Number: CV77550)

Deferred Item #6., Minutes of the Regular Board of Directors’ Meeting of January 10, 2002, to the March 7, 2002 Board of Directors’ Meeting.

Removed Item #22., Authorize the General Manager to issue a bid and to award a contract for the construction of San Jose Water Company facilities on the C326 Segment of the Vasona Light Rail Project.

Accepted Orders of the Day.

4. AWARDS AND COMMENDATIONS

Employees of the Month

Presented award to Judy Tipton, North Administration, as VTA Employees of the Month for February 2002. George Suarez, Cerone Operations, and Jeff Howard, North Maintenance, were unable to attend.

5. Hearing – Notice of Intention to Adopt a Resolution of Necessity – Caltrain Central Maintenance Facility Project (2/3 Vote Required for Adoption)

Property ID Number/Owner/Assessors Parcel Number

1. RS00-0139/Pacific Gas &Electric (PG&E)/259-10-001-1, 259-10-001-2, 259-26-013-1, 259-26-013-2, 259-26-013-3, 259-26-013-4, 259-26-014-1, 259-26-014-2, 259-27-025-1, 259-27-025-2 Resolution No. 02.02.05

2. RS01-0141/PG&E/CSJ-2 Resolution No. 02.02.05

Closed hearing and adopted a Resolution of Necessity in connection with the Caltrain Central Maintenance Facility 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

6. (Deferred to the Board of Directors’ Meeting of March 7, 2002.)

Approve the Minutes of the Regular Board of Directors’ Meeting of January 10, 2002.

ADMINISTRATION AND FINANCE COMMITTEE

7. Approved the appointment of Christina Uribe from San Jose representing the South Bay Labor Council to the Citizens Advisory Committee.

8. Approved the Bylaws for the Valley Transportation Plan 2020 Design Enhancements (VTP 2020 DE) Committee.

9. Authorized the General Manager to execute a Funding Agreement with the Metropolitan Transportation Commission (MTC) for the transfer of state Traffic Congestion Relief Program (TCRP) funds to VTA for the Regional Express Bus Program.

10. Adopted Resolution No. 02.02.06 assuring the necessary local match to Federal Congestion Management and Air Quality (CMAQ), Surface Transportation Program (STP) and Transportation for Livable Communities (TLC) funded projects; authorized the General Manager to submit the Federal Fiscal Year 2002 Section 5307 Urbanized Area Formula Program, CMAQ, STP, TLC and Section 5309 Fixed Guideway, New Rail Starts and Bus Facilities grant applications to the Federal Transit Administration (FTA), to amend Section 3037 grant number CA37X002 to add the Federal Fiscal Year 2001 earmark for the Job Access and Reverse Commute Project and to execute the grant agreements when received from FTA.

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 a contract change order with McCain Traffic Supply, Inc., to furnish additional traffic signal controllers for the Capitol and Vasona Light Rail Projects in an amount not to exceed $225,000 for a revised contract amount of $1,075,882.

12. Authorized the General Manager to execute a contract amendment with SBA Architects to increase the contract value in an amount not to exceed $385,000 for a new contract amount of $567,875, and to extend the contract duration through December 2004 for final design and design support services during construction on the Guadalupe Platform Retrofit Project.

13. Authorized the General Manager to enter into contracts with Underground Technology, Inc., Miller Technical Services and TBE Group, Inc., to provide underground utility locating services for a total amount for all three agreements, not to exceed $1,000,000 over a three-year term.

14. Adopted the proposed changes to the Committee for Transit Accessibility (CTA) Bylaws.

15. Authorized the General Manager to execute a three-year agreement with New Century Transportation (New Century) to provide light rail shuttle bus services in an amount not to exceed $4,107,000. Also, authorized the General Manager to execute options for two additional one-year periods with hourly rates escalated by a factor equal to the average increase of the Consumer Price Index (CPI) for the San Francisco Bay Area during the preceding contract year and within the approved budget for these services.

16. Authorized the General Manager to execute two agreements with the City of Mountain View: 1) to provide federal funds not to exceed $400,000, for the design and construction of the projected $1.7 million Mountain View Centennial Plaza Project; and 2) to provide for the long-term lease (35 year lease with one ten-year option at no cost to VTA and a second ten-year option based on market rates) and maintenance of the Mountain View VTA Operator Facility.

17. Authorized the General Manager to execute the documents necessary to convey an easement to the Castle Group to install streetlights in the vicinity of the Diridon Light Rail Station in exchange for the Castle Group constructing a sidewalk leading to the Station for VTA.

18. Authorized the General Manager to execute a Cooperative Agreement with the Peninsula Corridor Joint Powers Board (PCJPB) to share costs for the design and construction of the Lawrence Caltrain Project.

19. Authorized the General Manager to approve contract change orders up to $5,250,000 or approximately 25 percent of the contract amount for the North Division Reconstruction Project, for a total authorized contract amount up to $26,244,000. This contract is 80 percent federally funded.

REGULAR AGENDA

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

20. Authorized the General Manager to execute a contract with MCM Construction, Inc, the lowest responsible bidder, in the amount of $37,187,629 for construction of the Route 85/101 South Interchange – Phase 2 project, a 1996 Measure B Transportation Improvement Program project. The award of the contract is conditioned upon final execution of a Highway Grant Deed from Union Pacific Railroad (UPRR).

Expressed concern regarding the widening of Metcalf Road in San Jose and noted the importance of the project being completed at the same time as Highway 101.

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 - Manuel Valerio

Noted the election of Board Member Cortese as Vice Chairperson of the Transit Planning and Operations Committee at the January 17, 2002 Meeting.

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

OTHER ITEMS

21. Approved the revised programming of Santa Clara County’s Regional Improvement Program (RIP) share of the 2002 State Transportation Improvement Program (STIP).

Board Member Nadler took her seat at 6:15 p.m.

The Agenda was taken out of order.

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

Noted the election of Board Member Williams as Vice Chairperson of the Administration and Finance Committee at the January 17, 2002 Meeting.

21.X. Authorized the General Manager to apply for and execute a grant agreement with the California Energy Commission (CEC) and file any supporting documents required by either the Federal Department of Energy (DOE) or the CEC as part of this grant application.

22. (Removed from the Agenda.)

Authorize the General Manager to issue a bid and to award a contract for the construction of San Jose Water Company facilities on the C326 Segment of the Vasona Light Rail Project.

23. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

Thanked staff for their response to Mr. Triplett, Amalgamated Transit Union (ATU), Local 265, regarding the safety work that is being conducted.

Requested a referral to the Transit Planning & Operations (TP&O) Committee for public discussion to explore and understand VTA’s safety strategy with further discussion in Closed Session regarding matters pertaining to public security. Inquired about how VTA is engaging customers and employees in VTA’s consideration of transit security.

24. LEGISLATIVE REPORT

Accepted as contained in the agenda packet.

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

There was no report on the Peninsula Corridor JPB.

B. Capitol Corridor JPB

There was no report on the Capitol Corridor JPB.

C. Altamont Commuter Express (ACE) JPB

There was no report on the ACE JPB.

D. Metropolitan Transportation Commission (MTC)

Heard a report regarding MTC’s trip to Sacramento, California, on February 6 and 7, 2002, for all the different regions and counties in the Bay Area, to meet with legislators to discuss the current budget cuts.

27. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

E. Downtown/East Valley PAB

Heard a report that the Downtown/East Valley PAB, at its meeting on Thursday, January 31, 2002: 1) received a project status report, including information about work with the City of San Jose to address operations, streetscape design, and parking issues and 2) discussed the Capitol Expressway light rail project and its relationship to residential, business, community and recreational facilities adjacent to the alignment.

The next Downtown/East Valley PAB meeting will be held on March 14, 2002.

A. Tasman/Capitol Light Rail PAB

Heard a report that the Tasman/Capitol Light Rail PAB, at its meeting on Thursday, February 7, 2002: 1) approved the past Meeting Minutes; 2) received a slide presentation on the construction progress of the light rail line and the manufacture of low-floor light rail vehicles; 3) discussed issues related to construction impacts, particularly, at the Savemart Supermarket located at Capitol Avenue and Hostetter; 4) received a report on real estate acquisition progress which is nearing completion; and 5) received reports on the Community Oriented Design Enhancements (CODE) Program and community outreach activities.

The next Tasman/Capitol Light Rail PAB Meeting will be held in May 2002, date to be determined.

B. Vasona Light Rail PAB

Heard a report that the Vasona Light Rail PAB, at its meeting on Monday, February 4, 2002: 1) received a project status report, including information on construction progressing in the City of Campbell and Diridon Station area; 2) received a report on the status of the Hamilton Avenue crossing protest by the California Public Utilities Commission and reported that no ruling has been issued to date.

The next Vasona PAB meeting will be held on April 1, 2002.

C. Silicon Valley Rapid Transit Corridor PAB

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

D. Caltrain PAB

There was no report on the Caltrain PAB.

F. Highway PAB - South

There was no report on the Highway PAB-South.

28. REPORT FROM THE CHAIRPERSON

Approved recommendations to: 1) direct staff to develop alternatives and recommendations to increase both ridership and fare box recovery rates for Board of Directors review and action; 2) authorize the formation of a Business Review team to conduct a comprehensive review of VTA services and programs in order to improve effectiveness and efficiency; 3) direct staff to develop a work plan that will lead to the creation of a long-term, sustainable financial strategy and will enable the Board of Directors to consider a full range of options; 4) direct staff to bring all recommendations to the Board of Directors for action at its October and November 2002 meetings. A Board of Directors’ Workshop will be held on September 6, 2002, to review all recommendations from staff and the Review Team on all these matters before taking action on the matters at the October and/or November, 2002 Board of Directors Meeting.

Eugene Bradley, VTA Riders Union, addressed the Board of Directors and expressed concern regarding the formal plan to increase the VTA fare box recovery as well as ridership. He requested that the public be included in the plan development at every level.

Bruce Stevens, ATU, Local 265, addressed the Board of Directors and noted that the minutes of January 10, 2002, did not properly reflect the Union’s statement regarding concerns pertaining to terrorist threats and the request to have the issue agendized at the appropriate committee. Mr. Stevens inquired how a member of the public can have the minutes corrected when their statements are incorrect.

Approved appointments to the Silicon Valley Rapid Transit Corridor Policy Advisory Board: 1) Jim Lawson (representing VTA); 2) Cindy Chavez (representing VTA); 3) Ron Gonzales (representing the City of San Jose); 4) Jim Beall (representing Santa Clara County); 5) John McLemore (representing the City of Santa Clara).

C. Appointed Francis La Poll, representing VTA, as an alternate member on the ACE JPB.

Congratulated staff on the VTA Employee Recognition Dinner held on Saturday, February 2, 2002.

29. REPORT FROM THE GENERAL MANAGER

Heard a report, highlighting: 1) Employee Recognition Dinner; 2) how VTA has been affected by the state of the economy; 3) VTA has had a nine percent decrease in both bus and light rail ridership for the 2nd quarter, ending December 2001; 4) $17 million decrease in second quarter sales tax receipts; 5) $2 million decrease in fare box revenue; 6) an update regarding the current FY 2001-2002 budget and the recommended FY 2002-2003 Budget will be provided at the Standing Committees in February 2002 and will be provided at the March 1, 2002 Board of Directors Workshop; and 7) meeting held with the California Transportation Commission (CTC) to discuss CTC monies and the funding issues.

30. ANNOUNCEMENTS

There were no Announcements.

31. PUBLIC PRESENTATIONS

Brian Thompson, Homer J. Olsen, addressed the Board of Directors and expressed concern regarding General Counsel’s chronology of the litigation with Homer J. Olsen, which was given to the Board of Directors last month. He noted the chronology was found to be misleading. Mr. Thompson noted that VTA is still holding the $2 million worth of retention illegally.

Dave Nosenzo, President of Homer J. Olsen, addressed the Board of Directors and proposed and requested that the VTA Board of Directors appoint an independent third party to review Homer J. Olsen’s claim. Mr. Nosenzo recommended that Special Master Griffiths be appointed, since he knows the parties involved and is familiar with the issues.

Rick Trujillo, VTA Light Rail Shop Steward, addressed the Board of Directors and expressed concern regarding the victimization of Steve Jackson, VTA employee and ATU Member. He noted that Mr. Jackson provided vending machine service to VTA personnel and expressed concern regarding the removal of the vending machines.

Bruce Stevens, ATU, Local 265, addressed the Board of Directors, and noted that at the January 10, 2002 Board of Directors Meeting, he addressed the Board of Directors regarding the Union’s concerns of security issues. He noted that the Union had requested that the issues be placed before the appropriate committee and/or committees. He requested that the Minutes be corrected to reflect the Union’s request.

Mr. Stevens expressed concern regarding the victimization of Mr. Jackson and the removal of the vending machines. He noted that the removal of the vending machines has created a hardship for the employees.

Mr. Stevens expressed concern regarding the removal of Public Presentations from the beginning of the Agenda and placed toward the end of the Agenda. He suggested that a time be set for Public Presentations.

Debbie Fieber, representing the Borello Neighborhood Committee, addressed the Board of Directors, and expressed concern regarding the Hamilton Grade Separation. Ms. Fieber noted that the neighborhood is not convinced that the Board of Directors has made an informed decision and fears that the opportunity to collect all information prior to approval of an overcrossing is drawing to a close. Ms. Fieber expressed concern regarding the addendum to the Environmental Impact Report (EIR) submitted by the VTA staff at the Vasona Policy Advisory Board in November 2001 and noted that the neighborhood is asking for a supplement to the EIR, complete with circulation to appropriate agencies and the affected community.

Mr. Bradley addressed the Board of Directors and expressed concern regarding the removal of Public Presentations from the beginning of the Agenda and placed toward the end of the Agenda. He suggested that a time be set for Public Presentations.

Mr. Bradley expressed concern regarding inaccurate electronic signage at VTA light rail stations.

Kim Strickland, Bay Area Transportation and Land Use Coalition, addressed the Board of Directors and expressed concern regarding the removal of Public Presentations from the beginning of the Agenda and placed toward the end of the Agenda. Ms. Strickland also suggested that a time be set for Public Presentations.

32. CLOSED SESSION at 6:54 p.m.

Board Members Alvarado, Cortese and Gage left the meeting at 6:56 p.m.

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

Name of Case: Pacific Gas & Electric Company v. Santa Clara Valley Transit Authority (Santa Clara County Superior Court No. CV 788839--Complaint in Eminent Domain)

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

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

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

Name of Case: Sanchez v. Santa Clara County Transit District (SCCTD) (Santa Clara County Superior Court Case Number: CV77550)

C. Conference with Legal Counsel-Anticipated Litigation

Significant Exposure to Litigation pursuant to subdivision (b) of Government Code Section 54956.9:

One case concerning payment and performance dispute with the San Jose Water Company under a Pipeline Relocation agreement between VTA and such company dated August 1, 2000.

Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9:

One-Case -- see above.

RECONVENE TO OPEN SESSION at 7:26 p.m.

33. CLOSED SESSION REPORT

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

Name of Case: Pacific Gas & Electric Company v. Santa Clara Valley Transit Authority (Santa Clara County Superior Court No. CV 788839--Complaint in Eminent Domain)

There was no reportable action taken during Closed Session.

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

Name of Case: 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.

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

Name of Case: Sanchez v. Santa Clara County Transit District (SCCTD) (Santa Clara County Superior Court Case Number: CV77550)

There was no reportable action taken during Closed Session.

C. Conference with Legal Counsel-Anticipated Litigation

Significant Exposure to Litigation pursuant to subdivision (b) of Government Code Section 54956.9:

One case concerning payment and performance dispute with the San Jose Water Company under a Pipeline Relocation agreement between VTA and such company dated August 1, 2000.

Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9:

One-Case -- see above.

There was no reportable action taken during Closed Session.

34. ADJOURNED at 7:27 p.m.