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Board of Directors Meeting

April 04, 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. ROLL CALL

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

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

3. ORDERS OF THE DAY

Removed from Other Items and placed on the Consent Agenda: Agenda Item #28., Authorize the General Manager to execute an amendment to the Attorney Services Agreement with the firm of Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP to add $250,000, for a new not-to-exceed contract value of $650,000.

Accepted Orders of the Day.

4. AWARDS AND COMMENDATIONS

Employees of the Month

Presented awards to Charles Gregory, Cerone Operations as VTA Employee of the Month for March 2002; Elaine Plata, Cerone Operations; Rolando Mendoza, Cerone Maintenance; and Elena Valdez, Cerone Administration, as VTA Employees of the Month for April 2002.

5. Hearing – Notice of Intention to Adopt a Resolution of Necessity – Caltrain Maintenance Facility Project

Owner/Rail Surveyors Project Number/Parcel Number

Union Pacific Railroad Company/RS00-0139/Parcels EB-1, 259-4, CE-1, CE-2, RD-1, AE-2, AE-5, 259X-1, 259-5, 259-6 Resolution No. 02.04.10

Closed Hearing and adopted a Resolution No. 02.04.10 of Necessity determining that the public interest and necessity require the acquisition of property at 410 Autumn Street, San Jose, California, for the Caltrain Maintenance Facility Project.

CONSENT AGENDA

The Agenda was taken out of order.

28. 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 $250,000, for a new not-to-exceed contract value of $650,000.

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

ADMINISTRATION AND FINANCE COMMITTEE

7. Authorized the General Manager to execute necessary extensions of the Altamont Commuter Express (ACE) Joint Exercise of Powers Agreement (JEPA), in its current form and with no changes to the terms and conditions, until the new Agreement is adopted by the ACE Member Agencies.

8. Authorized the General Manager to amend the existing three-year contract with U.S. Behavioral Health (UBH) for Employee Assistance Program services by an additional $44,000 for a new total not to exceed $264,000.

9. Authorized the General Manager to add the Guadalupe Platform Retrofit construction project to the rail Owner Controlled Insurance Program (OCIP), for premiums not to exceed $875,889, and to purchase Builder’s Risk Coverage in an amount not to exceed $55,168. This purchase brings the total premium cost for the rail projects to $5,700,252.

10. Approved the revised existing supplemental salary and health benefits continuance policy to allow for benefits for up to one year (rather than the current six months) for eligible employees called to military service as a result of the Attack on America. This recommendation shall be in effect until
December 31, 2002.

11. Approved the appointment of Betty Olsen representing the City of Campbell to VTA’s Bicycle and Pedestrian Advisory Committee with a term expiration of
June 30, 2002.

12. Authorized the General Manager to execute a task order contract with three printing firms for a period of three years, not to exceed $300,000 per year; and further authorized the General Manager to execute two additional one-year options; for a contract total amount not to exceed $1,500,000.

13. Authorized the General Manager to execute the documents necessary to enter into a new Cooperative Parking Agreement with the Peninsula Corridor Joint Powers Board (PCJPB) and the San Jose Arena Management (SJAM) for use of the Santa Clara Valley Transportation Authority (VTA) owned land for Arena event parking. This Agreement is for two years and will generate net revenue to VTA in excess of $100,000 per year.

14. Authorized the General Manager to execute contract with Brian Kangas Foulk (BKF) for final design of the Route 17 North Project – Project E for a maximum value not to exceed $667,000.

15. Authorized the General Manager to execute a real property purchase agreement with Lester Industrial Park for an amount not to exceed $115,675.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

16. Approved the 2001 Monitoring and Conformance Report and Conformance Findings.

17. Approved the FY 02-03 Congestion Management Program (CMP) Work Program, Budget and Member Agency Fees.

TRANSIT PLANNING AND OPERATIONS COMMITTEE

18. Authorized the General Manager to execute a contract with BP West Coast Products (formerly known as ARCO/BP) for the supply and delivery of ultra low sulfur diesel fuel. The term of the contract is for two years with options for three additional one-year periods at an estimated annual cost of $4,100,000.

19. Authorized the General Manager to amend contracts with six construction materials testing firms by an amount of $900,000 for a new combined total not to exceed $4,100,000.

20. Approved artist Adam Zawadzki’s conceptual design for paving at the Great Mall Transit Center.

21. Authorized the General Manager to execute the documents necessary to convey title for an equal value exchange of land, at no cost to either party, between The Great Mall of the Bay Area (GMBA) and the Santa Clara Valley Transportation Authority (VTA) for the Great Mall Light Rail Transit Center.

22. Authorized the General Manager to execute a no-cost amendment to the existing Agreement with the Castle Group, a California Corporation, allowing for extension of the Performance Dates to purchase from VTA approximately six acres of excess property located along the west side of Lick Avenue between West Alma Avenue and Goodyear Street in San Jose.

23. Authorized the General Manager to execute a contract with Burr Plumbing & Pumping, Inc., the lowest responsive and responsible bidder, for plumbing maintenance and repair services at all VTA facilities. The term of the contract shall be for five years at an annual cost of $167,850 per year for the first three years and $181,200 per year for option years four and five. The total amount of the contract shall not exceed $865,950 for five years.

24. Authorized the General Manager to extend the current contract with Motorola Incorporated (Motorola) for one year, from May 2002 through April 2003 for maintenance, repair, and decommissioning of the existing radio system in an amount not to exceed $330,000.

REGULAR AGENDA

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

25. Authorized the General Manager to amend the contract with Parsons Transportation Group (PTG) for the evaluation of Noise Mitigation Alternatives for Route 85 to cover additional costs for the original contract scope and add additional contract scope to assess “micro-grinding” of concrete pavement as an alternative, increasing the approved contract by $500,200 for a new value not to exceed $600,000; and, extending the term of the contract through June 2003.

26. Approved the FY 2001/02 Amended Revised Operating Budget.

Staff noted that the primary revenue source sales tax for the second quarter were down 24.5 percent. On the capital side staff recommended 3 augmentations to the following projects: Silicon Valley Rapid Transit Corridor (BART) Project; Downtown/East Valley Project and Guadalupe Light Rail Vehicle (LRV) Facility Expansion Project.

Inquired on VTA’s rebound and if additional information is available on the turn around. Staff noted that all recessions end and that the recovery is expected to be moderate. Staff noted some stability in the quarterly sales tax receipts.

Al Triplett, President of the Amalgamated Transit Union (ATU) Local 265, expressed concern regarding the current budget crisis. Mr. Triplett noted that ATU and other bargaining units at VTA are committed to working on both long and short-term solutions to operation funding problems. Mr. Triplett noted support of the following guidelines: avoid cutting early or late trips in favor of mid-day service reductions and ensure bus route connections. Mr. Triplett noted that a new operating funding source is required.

Marilynn Smith, Chapter Chairperson of Service Employees International Union (SEIU) Local 715, expressed concern regarding employment stability and service to customers. Ms. Smith noted that employees fear of lay-offs. Ms. Smith noted that consultants should be released of employment before VTA staff. Ms. Smith noted that necessary service cuts should have as little impact as possible to people who are entirely dependent on bus and light rail services. Ms. Smith noted that SEIU and ATU are joining with the labor community to help secure additional funding for public transportation in Santa Clara Valley.

Bob Brownstein, Interested Citizen, expressed concern regarding the Operating Budget and noted VTA should investigate another � cents sales tax and possibly one that can be used not only for transit operations but also for housing along transit hubs.

Kim Strickland, Bay Area Transportation and Land Use Coalition (BATLUC), expressed concern regarding the proposed service cuts. Ms. Strickland noted that they are willing to work with VTA to identify and secure additional funding sources needed to ensure that all the buses, trains and light rail vehicles promised to the voters in Measure A are delivered.

Zakhary Cribari, Interested Citizen, expressed concern regarding the Operating Budget. Mr. Cribari noted that it would be best for VTA to have budgets outlined before coming up with the projects to ensure that the funds needed for the projects are secure. Mr. Cribari noted his support of VTA projects but feels that VTA needs to be more organized with project budgets.

Michael Ludwig, Interested Citizen, expressed concern regarding the fare increase. Mr. Ludwig noted that the people who are using the bus are being punished for doing the right thing while VTA is rewarding the people who are using their cars instead of using public transportation. Mr. Ludwig noted his opposition to service cuts.

Inquired on the reduction of service improvements to line 22. Requested that the overall project budget be submitted in writing to the Board Members for their reference and have the project time length extended.

Queried on the issue of cost savings. Asked staff to expand on the programs that can be eliminated and the costs that can be reduced. Staff noted that the cost reduction would be from budget trimming.

Noted two Board of Directors’ Workshops scheduled for Thursday, April 18, 2002 and Thursday, May 16, 2002 to review the budget recommendations for FY 2003. Requested that the A&F Committee meet on those two days at 9:30 a.m. at San Jose City Hall.

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

27. Authorized the General Manager to: 1) Amend the contract with Earth Tech in an amount of $10,575,000, for a new not to exceed amount of $17,082,690, to conduct conceptual design of the BART Extension to Milpitas, San Jose and Santa Clara in support of the environment compliance process; and 2) Execute agreement(s) with BART that cumulatively do not exceed $15,500,000, to reimburse them for staff oversight, as well as other special studies for the proposed extension, in accordance with the Cooperative Agreement between VTA and BART.

OTHER ITEMS

28. (Removed from Other Items and placed on the Consent Agenda.)

Authorize the General Manager to execute an amendment to the Attorney Services Agreement with the firm of Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP to add $250,000, for a new not-to-exceed contract value of $650,000.

29. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no items of Concern and Referral to Administration.

30. LEGISLATIVE REPORT

Accepted as contained in the agenda packet.

31. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the agenda packet.

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

A. Peninsula Corridor JPB

Heard a report that the Peninsula Corridor JPB, met on April 4, 2002: 1) noted public hearing regarding the proposed Caltrain fare increase; 2) noted an increase in daily parking rates and monthly parking passes and 3) noted that the North CTX construction contract was awarded to Herzog Contracting Corporation and Stacy and Witbeck for the installation of a Central Traffic Control signaling upgrade system, and construction of track and bridge improvements necessary for Caltrain Express/Baby Bullet service.

D. Metropolitan Transportation Commission (MTC)

Heard a report that the Metropolitan Transportation Commission JPB, met in March 2002: 1) noted that the EPA approved the Regional Air Quality Plan; 2) noted EPA lapse is over and VTA projects are moving forward; 3) noted that the MTC added funding to the Transportation Improvement Program (TIP) for the 2001 Regional Transportation Plan (RTP); 4) noted eight VTA Projects were approved by Federal Transportation Administration (FTA) and Federal Highway Administration (FHWA); 5) noted nine Projects expected to be approved by the federal agencies soon; 6) noted that the 2002 State Transportation Improvement Program (STIP) adjusted, due to constraints placed on the 2002 STIP by the California Transportation Commission (CTC), MTC moved some projects out one to two years; and 7) noted the South Bay Crossing Study Policy Committee met on April 3, 2002 and released the budgetary figures for the six alternatives reviewed. Noted that the High Occupancy Vehicle (HOV) and express bus improvements, Dumbarton bridge and rail improvements studies are being funded by Senator Diane Feinstein.

B. Capitol Corridor JPB

There was no report on the Capitol Corridor JPB.

C. Altamont Commuter Express (ACE) JPB

Heard a report that the Altamont Commuter Express JPB, met on March 18, 2002: 1) the committee reviewed monthly ridership report and noted a decrease of 18.6 percent; 2) noted the April 12, 2002 ACE Board Planning Workshop; 3) noted ACE track improvements and 4) noted a Subcommittee created to address issues related to the new Joint Powers Agreement.

33. 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 the Vasona Light Rail PAB.

C. Silicon Valley Rapid Transit Corridor PAB

Heard a report that the Silicon Valley Rapid Transit Corridor PAB, met on March 27, 2002: 1) the committee elected Mayor Ron Gonzales as the Chair and BART Board Member Joel Keller as the Vice Chair; 2) received an overview of the environmental compliance process and public outreach efforts; 3) received an update on the Traffic Congestion Relief Plan funding and 4) noted the next PAB meeting will be held on Wednesday, April 24, 2002.

D. Caltrain PAB

There was no report on the Caltrain PAB.

Margaret Okuzumi, Bay Rail Alliance, expressed concern regarding the process of the 1996 Measure B Caltrain Plan. Ms. Okuzumi noted concerns regarding station platform configuration safety hazard issues towards pedestrians. Ms. Okuzumi noted the priority to resolve the safety issue problems and noted public comment regarding the issues.

E. Downtown/East Valley PAB

Heard a report that the Downtown/East Valley PAB, met on March 14, 2002: 1) noted a trip to Portland to examine a Streetcar system; 2) noted research being done on various aspects to operate a streetcar system; 3) noted that the Santa Clara/Alum Rock schedule has been adjusted due to the complexities associated with right-of-way, shared-running operations, the need to further investigate mode and interface issues with the BART project; 4) noted that the Capitol Expressway corridor schedule remains the same; 5) noted meeting with Council Member Campos regarding efforts to examine the work of the design consultants and to create scenarios that would reflect the interest in Transit Orient Development in the Alum Rock and East Santa Clara area; 6) noted five sites between the King Road and Jackson Avenue area that would accommodate Transit Oriented Development; 7) noted two other sites for Transit Oriented Development are the Eastridge Transit Oriented Development and 17th Street to 23rd Street areas; and 8) noted the next PAB meeting will be on May 16, 2002 from 3 – 4:30 p.m. in Room 204 at San Jose City Hall.

F. Highway – South PAB

There was no report on the Highway - South PAB.

34. REPORT FROM THE CHAIRPERSON (Verbal Report)

There was no Chairperson’s Report.

35. REPORT FROM THE GENERAL MANAGER (Verbal Report)

Heard a report, highlighting: 1) trip to Washington D.C. last month with MTC; 2) noted that the CTC took action on several items: the BART project received $37 million allocation out of the Traffic Congestion Relief Program (TCRP) funding, Coleman 880 project received $55.5 million, Route 237/880 received $22.2 million, noted that these projects are moving forward with funding; 3) noted receiving environmental clearance from Caltrans on 101 HOV lanes; 4) noted 100 percent design on Route 85 /101 North Project; 5) noted Capital Projects are moving ahead; 6) noted that the system ridership decreased by 1 percent from last February, bus ridership increased by 3 percent, fare box revenues decreased 21 percent, service reliability increasing and reached 99.4 percent for all service during the month of February; 7) noted Caltrain ridership decreased by 13 percent, ACE ridership decreased by 18.6 percent and Highway 17 ridership decreased by 21 percent and all other systems affected as well.

36. ANNOUNCEMENTS

There were no Announcements.

37. PUBLIC PRESENTATIONS

Bruce Stevens, ATU, Local 265, expressed concern regarding the placement of Public Presentation in the VTA Board of Directors Regular Meeting agenda packet.

Mr. Stevens expressed concern regarding the service reduction and fare increase proposals. Mr. Stevens noted the distribution of a memorandum to the Board Members regarding fare inspectors.

Pat Eldridge, Interested Citizen, addressed the Board of Directors regarding developing a plan to purchase reduced rate passes for homeless students in the Santa Clara Unified School District.

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

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

Name of Case: Silvia Giron v. Santa Clara Valley Transportation Authority (SCVTA) (Santa Clara County Superior Court Case No. CV795263)

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)

Board Member Gage left the meeting at 7:10 p.m.

RECONVENE TO OPEN SESSION at 7:12 p.m.

39. CLOSED SESSION REPORT

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

Name of Case: Silvia Giron v. Santa Clara Valley Transportation Authority (SCVTA) (Santa Clara County Superior Court Case No. CV795263)

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.

40. ADJOURNED at 7:12 p.m.