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Board of Directors Meeting

March 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, Cortese, Dando, Gage, Gonzales, Kennedy, La Poll, Lawson, McHugh, McLemore (Ex-Officio), Mossar, Nadler, Pirzynski, Springer, Valerio, Williams, Yeager

Members Absent: Beall (Ex-Officio), Chavez

3. ORDERS OF THE DAY

Removed from the Other Items and placed on the Consent Agenda:
Item #36, Authorize the General Manager to execute a construction contract change order with RGW Construction, Inc., for an amount not to exceed $180,000 for construction of the Route 17 northbound auxiliary lane project, increasing the authorized contract amount to $840,338.

Accepted Orders of the Day.

4. AWARDS AND COMMENDATIONS

Employees of the Month

Presented an award to Tiffany Ton, Personnel Services Assistant, as VTA Employee of the Month for March 2002. Employees of the Month of March 2002 recipients Robert Delgado, Lead Maintenance Worker at Guadalupe Division and
Charles Gregory, Coach Operator at Cerone Division were unable to attend.

Presented an award to Timothy Ellenberger, Document Production Supervisor, as VTA Supervisor of the Quarter 2002.

Board Member Dando took her seat at 6:11 p.m.

5. Hearing – Notice of Intention to Adopt a Resolution of Necessity – Lawrence Caltrain Station (2/3 Vote Required for Adoption)

Owner/Assessors Parcel Number

Hyrail Partners III LLC/216-27-050, a portion Resolution No. 02.03.07

Closed hearing and adopted Resolution No. 02.03.07, a Resolution of Necessity in connection with the Lawrence 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

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

7. Approved the Minutes of the Regular Board of Directors’ Meeting of February 7, 2002.


ADMINISTRATION AND FINANCE COMMITTEE

8. Approved the appointment of Marian Otis to fill an existing vacancy on the Committee for Transit Accessibility.

9. Adopted the amended Appendix of Designated Positions and Disclosure Categories of the Conflict of Interest Code for the Santa Clara Valley Transportation Authority (VTA) and directed the Board Secretary to forward the revised list of designated positions to the Santa Clara County Board of Supervisors for approval.

10. Authorized the General Manager to execute an amendment to the Appraisal Services agreement with the firm of Hulberg & Associates, Inc., to add $150,000, for a new not-to-exceed contract value of $575,000.

11. Authorized the General Manager to execute a contract with Interwoven to provide Web Content Management System (CMS) software and implementation services in the amount of $158,000.

12. Adopted an IRS �401(a) Plan and Trust for VTA’s General Manager and delegated authority to staff to: (1) make any required changes to the proposed plan document to conform it to IRS regulations and (2) amend the existing contract with ICMA Retirement Corporation to provide for plan administration services.

13. Authorized the General Manager to execute an agreement with Image Access to provide an upgrade to the existing document imaging system in an amount not to exceed $244,000.

14. Approved the appointment of William F. Manry to fill an existing vacancy on the Bicycle and Pedestrian Advisory Committee.

15. Authorized the General Manager to execute a task order contract with four language translation and desktop publishing firms for a period of three years, not to exceed $230,000 per year; and further authorized the General Manager to execute two additional one-year options; for a total contract amount not to exceed $1,150,000.

16. Authorized the General Manager to execute a cooperative agreement with the City of San Jose that specifies the funding and project development responsibilities for the Route 101 North and Route 101 Central Highway Corridor Studies.

17. Authorized the General Manager to execute a Cost-Sharing Cooperative Agreement with San Mateo County Transit District (Samtrans) for the Fuel Cell Bus Demonstration Project.

18. Authorized the General Manager to amend an existing service contract with Advanced Risk Management Techniques, Inc. (ARM TECH) for actuarial services. The duration of service will extend through May 31, 2004. The cost to extend the agreement for two years will be $13,800. An additional actuarial report was requested this year and will cost $5,100. The total cost for the five-year contract will be $39,900.

19. Authorized the General Manager to execute Agreements with the State Board of Equalization for preparation to administer and administration of the VTA Sales and Use Tax Ordinance.

The Agenda was taken out of order.

36. Authorized the General Manager to execute a construction contract change order with RGW Construction, Inc., for an amount not to exceed $180,000 for construction of the Route 17 northbound auxiliary lane project, increasing the authorized contract amount to $840,338.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

20. Approved Exemption from Annual Monitoring of Intersections.

21. Approved distribution of the Draft FY 02-03 Congestion Management Program Work Program, Budget and Member Agency Fees to Member Agencies for review and comment.

22. Approved Second Cycle Santa Clara County Transportation Enhancements Program – Additional Programming.


TRANSIT PLANNING AND OPERATIONS COMMITTEE

23. Authorized the General Manager to execute an amendment to extend the current agreement with Aqua Sierra Controls, Inc., for calibration and maintenance services for water flow meters and samplers to October 30, 2003. The cost to extend the agreement for two years will be $12,426. The total cost for the
five-year contract will be $30,774.

24. Authorized the General Manager to execute a contract amendment with Parsons Brinckerhoff Quade & Douglas (PBQ&D) for final design and design support services during construction on the Vasona Light Rail Project in an amount not to exceed $2,500,000, for a new contract amount of $29,845,275.

25. Authorized the General Manager to amend a contract with URS, for right-of-way engineering and survey services; extending the contract for an additional year for a total term of six years. Further, authorized the General Manager to increase the approved contract value by $200,000 for survey service associated with purchasing Union Pacific right-of-way for a new total contract amount of $1,800,000.

26. Authorized the General Manager to execute a contract with R&L Brosamer, Inc., the lowest responsible bidder, in the amount of $14,134,267 for civil and track construction from Woz Way to the San Jose Diridon Station of the Vasona Light Rail Project. This contract is 78 percent federally funded.

27. Authorized the General Manager to execute a contract with Northland Control Systems, Inc., the lowest responsive and responsible bidder, for fire systems inspection, testing, maintenance, repair and on-call emergency services. The term of the contract is for three years with two one-year options at an estimated annual cost of $210,180. The total estimated amount of the contract is $1,050,900 for five years.

28. Authorized the General Manager to execute a contract with HRB Construction, the lowest responsible bidder for the LRV Facility Maintenance of Way Building Interior Improvements Project, in the amount of $284,400. This contract is
80 percent federally funded.

29. Authorized the General Manager to execute a contract with Pivot Interiors, the lowest responsible bidder for Workstation Furniture Procurement, for a master pricing agreement for a period of three years for a total contract value not to exceed $1,000,000; and further authorized the General Manager to execute a two-year option for years four and five for a new contract value not to exceed $1,500,000 for the five-year term of the contract.

REGULAR AGENDA

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

30. Authorized the General Manager to execute contracts for planning and preliminary engineering services on VTP 2020 Corridor Projects and with the following firms: I-280/SR85 Corridor – Parsons Brinckerhof Quade and Douglas, SR 237 corridor – CCS Planning and Engineering, Inc., US 101 Central Corridor – Parsons Transportation Group, US 101 North corridor – Nolte Associates, Inc., and STR 152/SR156 Interchange – Biggs Cardoza and Associates; and authorized the General Manager to increase the Highway Capital budget to include these projects; and further authorized the use of $1,4000,000 from the Local Program Reserve Fund and a $4600,000 contribution from the City of San Jose to fund this work. The total amount for all five contracts shall not exceed $2,000,000.

31. Authorized the General Manager to execute a cooperative agreement with the San Mateo City/County Association of Governments (SMCCAG) that specifies the funding and project development responsibilities of the VTP 2020 Peninsula Gateway Corridor Study; authorized the General Manager to utilize $250,000 from the Local Program Reserve to fund the VTA contribution to the Corridor Study; and, further authorized the General Manager to increase the Highway Capital Budget to include this project.

30. Authorized the General Manager to execute individual service agreements with 1996 Measure B Program Community Oriented Design Enhancements (CODE) artists for design, fabrication and installation of CODE projects in the Tasman East/Capitol Light Rail Projects not to exceed a total amount of $2,961,950.


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

33. Approved the Revised Third Reevaluation of the Final Environmental Impact Statement and Addendum to the Environmental Impact Report for the Vasona Corridor Light Rail Transit Project and modified the project to include the aerial light rail grade separation over Hamilton Avenue.

Inquired regarding noise, visual impact and screening to prevent light rail passengers from viewing neighboring properties.

Questioned the accuracy of pictures provided by staff and whether consideration was given to the noise levels further out since sound travels.

Inquired whether the size of the street and the issue of sunlight had been considered.

Barbara Morrey, interested resident, located on the west side of I-880, expressed appreciation to staff for attention to the visual importance of the project and urged Board of Directors to approve the above-grade crossing.

Rex Aller, interested resident, expressed concern regarding the adequacy of VTA’s reports and distributed documentation describing his concerns and differences in impact findings in a study he prepared.

Rosanne Seratti, interested resident, expressed appreciation to staff for time and efforts in this project and looks forward to the projects completion.

James Wightman, interested resident, stated light rail should go underground due to visual impact and inquired about the status of the Tasman East Project.

Jenna Skinner, Borello Neighborhood Committee, expressed opposition to the above-ground station and the visual impact to the neighborhood. Ms. Skinner requested a supplemental impact report be provided to Board of Directors and provided pictures of visual impact to her neighborhood.

Jeffrey Hare, Borello Neighborhood Committee, expressed concern the report does not adequately describe the impact of the above-grade structure. Mr. Hare requested that the Board of Directors direct staff to prepare a supplemental EIR for review.

Carl San Miguel, Campbell Chamber of Commerce, expressed support of the above-grade station.

Betty Deal, Campbell Chamber of Commerce, expressed support for the above-grade crossing.

Dan Furtado, Vice-Mayor for the City of Campbell, expressed concern regarding the Hamilton Avenue traffic flow with an at-grade crossing and stated support of the above-grade overcrossing as an essential component of the City of Campbell Land Use.

Kimberly Fitzgerald, interested resident, expressed concern regarding noise impact consideration for properties opposite the Borello Neighborhood, the adequacy of the traffic impact study and believes an additional study is necessary.

Discussed CPUC allowance of at-grade crossings and inquired about pursuit of appeal with CPUC.

Suggested a future Executive Session for further discussion.

Inquired about a supplemental EIR for an underground crossing and whether or not it would provide a better analysis.

Expressed concern regarding noise, proximity of soundwall to residences and sunlight to homes. Suggested VTA consider a “good neighbor” policy in addition to criteria.

Inquired whether there would be a realignment of the Union Pacific line.

Expressed support for the overcrossing, noting the need to make a hard choice.

Expressed concern relating to the cost of the project, however supports the approval to move the project forward and prevent costly delays.

Expressed concern stating still too many unanswered questions. Suggested VTA proceed with other work while doing supplement report.

34. Authorized the General Manager to execute a contract in the amount of $7,125,827 with R&L Brosamer, Inc., the lowest responsible bidder for the Meridian, Kingman, Route 17 Underpass and Hamilton Avenue Overcrossing contract pending approval of the environmental reevaluation/addendum by the Federal Transit Administration. This contract is 26 percent federally funded.

35. Adopted Resolution No. 02.03.08 finding that the procurement, installation, operation and testing of the NOx Reduction Demonstration Project through competitive negotiation is appropriate, as provided in Public Contract Code Section 20306.

Member McHugh left the meeting at 7:20 p.m.
Vice-Chairperson Kennedy left her seat at 7:22 p.m
Ex-Officio Member McLemore left his seat at 7:23 p.m
Vice-Chairperson Kennedy returned to her seat at 7:23 p.m
Ex-Officio Member McLemore returned to his seat at 7:24 p.m.

OTHER ITEMS

36. (Moved to Consent Agenda.)

Authorize the General Manager to execute a construction contract change order with RGW Construction, Inc., for an amount not to exceed $180,000 for construction of the Route 17 northbound auxiliary lane project, increasing the authorized contract amount to $840,338.

37. Adopted Resolution No. 02.03.09 certifying that the VTA is an eligible and responsible sponsor for projects in the State Transportation Improvement Program and authorized the General Manager to submit applications for Regional Transportation Improvement Program (RTIP) funding for the
SR-237/I-880 Interchange Stage C project, the SR-87 HOV lanes from I-280 to SR-85, including the SR-87/I-280 interchange reconfiguration, the SR-152/SR-156 Interchange project and the upgrade of SR-25 to Expressway Standards.

38. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

Requested two additional meetings in the San Jose area regarding the fare increase.

Requested staff include any service improvements in fare increase meeting discussions and also evaluate areas where there is opposition to service.

Requested staff recognize and provide information to the Young Heros regarding the Adopt-A-Stop program.

39. LEGISLATIVE REPORT

Accepted as contained in the agenda packet.

40. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the agenda packet.

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

A. Peninsula Corridor JPB

Heard a report that the Peninsula Corridor Joint Powers Board (PCJPB) at its meeting of Thursday, March 7, 2002: 1) Approved the Caltrain Maintenance Facility Monitoring Committee By-Laws, 2) Received the monthly performance report that January 2002 Caltrain average weekday ridership decreased by 9. percent when compared to January 2001. This is the fourth consecutive month of decreased ridership compared to 2001 ridership. January 2002 average weekday Caltrain shuttle ridership decreased by 22.7 percent compared to January 2001 and total revenue decreased by 13.2 percent over this period. Although Caltrain staff is evaluating cost savings measures, a service reduction appears to be necessary in the near future, 3) The North CTX construction contract was deferred until April, 4) Awarded contracts for on-call specialized engineering and other profession consulting services, 5) Scheduled a public hearing for April 4, 2002 to consider a proposed across the board Caltrain fare increase of approximately 10 percent, 6) Announced the April 4 JPB meeting will be held at Santa Clara City Hall Council Chambers.

B. Capitol Corridor JPB

Heard a report that the Capitol Corridor JPB, at its meeting of Wednesday, February 20, 2002: 1) Adopted a position of support for Proposition 42, the Transportation Congestion Improvement Act, 2) Authorized the Executive Directors to submit letters of support or opposition for actions relating to the proposed Fiscal Year 2002-03 State Budget and legislative matters affecting the Capitol Corridor service, 3) Approved the Capitol Corridor 2000-01 Annual Performance Report, 4) Extended the Administrative Support Agreement with the Bay Area Rapid Transit District (BART) to serve at the managing agency for the Capitol Corridor service through February 2005, 5) Approved the Capitol Corridor Fiscal Year 2003 to 2004 Business Plan Update and 6) Conducted a Visioning Workshop after the CCJPB meeting to address future service.

C. Altamont Commuter Express (ACE) JPB

There was no report on the ACE JPB.

D. Metropolitan Transportation Commission (MTC)

Heard a report that the Metropolitan Transportation Commission (MTC), at its meeting of Wednesday, February 27, 2002: 1) Announced the convening of a special MTC Commission meeting March 15 to act on the EPA’s recent conformity determination of the 2001 RTP. The Commission will approve the Regional Transportation Plan on a federal basis; it was already approved by the Commission on a state basis last December, 2) Of the five southern counties, Santa Clara experienced the strongest dip in TDA revenues. STA funds have also dropped, 3) Delayed approval of the Regional Transportation Improvement Program to March 6 to allow MTC and other more time to adjust project to comply with a $1.5 Billion statewide programming shortfall, 4) Approved capital projects criteria that include changed scoring criteria, caps placed on project dollars available and increased over-the-road coach age, 5) Noted large contingency of members to the Washington DC APTA Legislative Conference and that there will be seven teams rallying for TEA21 funding.

42. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A. Tasman/Capitol Light Rail PAB

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

B. Vasona Light Rail PAB

There was no report on Vasona Light Rail PAB.

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.

43. REPORT FROM THE CHAIRPERSON

There was no Report from the Chairperson.

44. REPORT FROM THE GENERAL MANAGER

There was no Report from the General Manager.

45. ANNOUNCEMENTS

There were no Announcements.

46. PUBLIC PRESENTATIONS

Tom Fink, ATU Local 265, commented that recent news articles related to problems with the ACS Radio System are not representative of the Union’s views. He stated that ATU acknowledges VTA’s efforts to address the concerns.

47. CLOSED SESSION at 7:38 p.m.

Board Members Gage and Cortese left the meeting at 7:39 p.m
Board Member Alvarado left the meeting at 7:40 p.m

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

Name of Case: Nguyen vs. Whitney and SCVTA, Santa Clara County Superior Court No. CV788306


B. Conference with Legal Counsel -Anticipated Litigation
[Government Code Section 54956.9(b) and (c)]

One potential case related to Bay View Hunters Point Community Advocates et al. v. MTC et al.

C. 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)

RECONVENED at 7:48 p.m.

47. CLOSED SESSION REPORT

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

Name of Case: Nguyen vs. Whitney and SCVTA, Santa Clara County Superior Court No. CV788306

There was no reportable action taken during Closed Session.

B. Conference with Legal Counsel -Anticipated Litigation
[Government Code Section 54956.9(b) and (c)]

One potential case related to Bay View Hunters Point Community Advocates et al. v. MTC et al.

There was no reportable action taken during Closed Session.

C. 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.

48. ADJOURNED at 7:48 p.m.