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Board of Directors Meeting

May 02, 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:

Chavez, Cortese, Dando, Gage, Gonzales, La Poll, Lawson, Mossar, Pirzynski, Springer, Valerio, Williams, Beall (Ex-Officio), McHugh, Nadler

Members Absent:

Alvarado, Kennedy, McLemore (Ex-Officio), Yeager

ORDERS OF THE DAY

Added Agenda Item #28.X, Receive and file a report describing Reduction in Force Process and Activities.

Added Agenda Item #28.X.X, Approve amendments to the Santa Clara Valley Transportation Authority/Amalgamated Transit Union Pension Plan.

Added Agenda Item #38.A.4.X, Existing Litigation - Conference with Legal Counsel regarding the Hamilton Avenue CPUC Application.

Removed from the Consent Agenda and placed on the Regular Agenda: Agenda Item #8, Adopt an oppose position for: SB 1243 (Torlakson) – MTC/ABAG Merger, SB 1262 (Torlakson) – Housing Incentive Program, SB 1491 (Perata) – Regional Transit Policy Board and SB 1827 (Torlakson) – TFCA funding, Agenda Item #16, Authorize the General Manager to execute a contract with ESIS, Incorporated for Workers Compensation Third Party Administrator (TPA) claims services for a three-year term, from July 1, 2002 through June 30, 2005, with an option for two additional one-year extensions. The total three-year contract cost for claims service is not to exceed $3,922,084 and the total 5-year contract cost is not to exceed $6,931,554 and Agenda Item #17, Certify that the Environmental Impact Report for the I-880/Coleman Avenue Interchange Improvement 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. Adopt a Mitigation Monitoring and Reporting Program and approve the project.

Requested adjournment in memory of George “Bud” Pierson, Jim Pierson’s father, who recently passed away.

Accepted Orders of the Day.

Ex-Officio Member Beall took his seat at 6:10 p.m.

4. AWARDS AND COMMENDATIONS

Employees of the Month

Presented awards to Jim Vigilante, Cerone Administration, as VTA Employee of the Month for May 2002. Recipients Paul Rascon, Guadalupe Operations and John Atwell, Guadalupe Maintenance, were unable to attend.

Member McHugh took his seat at 6:12 p.m.

5. Hearing – Notice of Intention to Adopt a Resolution of Necessity – Tasman East Light Rail Project

Property ID/Owner/Assessor’s Parcel Number

5263001-A&B/Union Pacific Railroad Company/APN 086-24-035
Resolution No. 02.05.11

Closed Hearing and adopted Resolution No. 02.05.11 of Necessity in connection with the Tasman East Light Rail 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, direct the filing of eminent domain proceedings for the acquisition of certain real property as follows: (2/3 vote required for adoption)

6. Hearing – Notice of Intention to Adopt a Resolution of Necessity – Vasona Light Rail Project

Property ID/Owner/Assessor’s Parcel Number

V034/Ansok Builders Inc./APN 410-02-002 Resolution No. 02.05.12

Closed Hearing and adopted Resolution No. 02.05.12 of Necessity in connection with the Vasona Light Rail 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, direct the filing of eminent domain proceedings for the acquisition of certain real property as follows: (2/3 vote required for adoption)

CONSENT AGENDA

7. Approved the Minutes of the Regular Board of Directors’ Meeting of April 4, 2002.

ADMINISTRATION AND FINANCE COMMITTEE

The Agenda was taken out of order.

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

Adopt an oppose position for: SB 1243 (Torlakson) – MTC/ABAG Merger, SB 1262 (Torlakson) – Housing Incentive Program, SB 1491 (Perata) – Regional Transit Policy Board and SB 1827 (Torlakson) – TFCA funding.

9. Adopted a support position for: AB 1937 (Dutra) – Joint development, AB 2048 (Salinas) – Video records, AB 2181 (Dutra) – Regional gas tax, AB 2427 (Dickerson) – Right-of-way appraisal and acquisition work, AB 2582 (Chu) – HOV lane use by paratransit vehicles, AB 2788 (Longville) – PRISM Program and SB 1636 (Figueroa) – Level of service standards.

10. Adopted Resolution No. 02.05.13 designating VTA’s appointees to the VTA/ATU Pension Plan Board of Pensions and providing for appointment of an alternate member to serve in the absence of a VTA Member.

11. Authorized the General Manager to enter into an amendment to the Agreement with Ritter Project Management for Litigation Support and Document Analysis to add $100,000, for a new not-to-exceed contract value of $200,000.

12.Received and filed the Programmed Projects Quarterly Monitoring Report for January – March 2002.

13. Approved programming approximately $3.4 million in Transportation Fund for Clean Air Program Manager (TFCA 40%) funds to projects in the FY 2002/03 cycle and to the Tier 1 Bicycle Projects.

14. Approved the appointment of Chris C. Elias representing Environmental Community Interests, to VTA’s Citizens Advisory Committee with a term expiration of June 30, 2004.

15. Approved the appointment of Eric Anderson representing the City of Mountain View to VTA’s Bicycle and Pedestrian Advisory Committee with a term expiration of June 30, 2002.

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

Authorize the General Manager to execute a contract with ESIS, Incorporated for Workers Compensation Third Party Administrator (TPA) claims services for a three-year term, from July 1, 2002 through June 30, 2005, with an option for two additional one-year extensions. The total three-year contract cost for claims service is not to exceed $3,922,084 and the total 5-year contract cost is not to exceed $6,931,554.

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

Certify that the Environmental Impact Report for the I-880/Coleman Avenue Interchange Improvement 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. Adopt a Mitigation Monitoring and Reporting Program and approve the project.

18. Authorized the General Manager to amend the contract with Nolte Associates to add additional conceptual and preliminary engineering services and initial environmental studies for the I-680/I-880 Cross Connector Project, increasing the existing contract by $2,500,000 for a new value not to exceed $3,000,000; and authorized an additional $500,000 from the Gateway Studies Fund for this contract; and extended the term of the contract to December 2004.

19. Authorized the General Manager to execute a cooperative agreement with the Alameda County Transportation Improvement Authority (ACTIA) for funding of the I-680/I-880 Cross Connector Study.

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

20. Authorized the General Manager to execute a contract with George Bianchi Construction, Inc., the lowest responsible bidder, in the amount of $528,172 for installing temporary landings to accommodate low-floor light rail vehicles at the 27 existing Guadalupe line stations.

21. Authorized the General Manager to execute a contract with Teknet, the lowest responsive and responsible bidder for the calibration and repair of all VTA Precision Measuring Equipment (PME). The term of the contract is for five years at an annual cost of $43,980 for the first year, $45,200 for the second year, $46,420 for the third year, $47,640 for the fourth year and $48,860 for the fifth year. The total amount of the contract shall not exceed $232,100 over five years.

22. Authorized the General Manager to execute an amendment to the current Agreement with Orbital Sciences Corporation (Orbital) for the Advanced Communications System (ACS) to extend the term of the agreement at no additional cost through December 31, 2003, and to extend the agreement term up to one additional year, as necessary, for project completion.

23. Authorized the General Manager to execute a contract with Arntz Builders, the lowest responsible bidder, in the amount of $8,965,292 for the Cerone Overhaul & Repair Division Improvements for Articulated Buses Project.

24. Authorized the General Manager to execute a contract with George Bianchi Construction, Inc., the lowest responsible bidder, in the amount of $1,265,935 for construction of the Tasman East/Capitol Light Rail Projects - Completion Contract (Phase 1) improvements.

Member McHugh took his seat at 6:13 p.m.

REGULAR AGENDA

8. Adopted an oppose position for: SB 1243 (Torlakson) – Metropolitan Transportation Commission (MTC)/Association of Bay Area Governments ABAG Merger, SB 1262 (Torlakson) – Housing Incentive Program, SB 1491 (Perata) – Regional Transit Policy Board and SB 1827 (Torlakson) – Transportation Fund for Clean Air (TFCA) funding as amended to indicate the preference for using a collaborative approach rather than State Transportation Improvement Program (STIP) funding.

Announced that MTC will take a position on SB 1262 (Torlakson) – Housing Incentive Program at their next meeting.

Announced the Smart Growth ABAG/MTC Workshop scheduled for May 4, 2002, at 8:30 a.m. to discuss Smart Growth strategies in the Bay Area. He encouraged regional planning and urged all to attend.

Kim Strickland, Bay Area Transportation and Land Use Coalition, requested the Board take a support or neutral position for AB 1262 (Torlakson) – Housing Incentive Program.

Margaret Okuzumi, Bay Rail Alliance, encouraged support for AB 1262 (Torlakson) – Housing Incentive Program.

Sally Probst, Housing Action Coalition, encouraged support for AB 1262 (Torlakson) – Housing Incentive Program.

Kristi Kimball, Surface Transportation Policy Project, encouraged support for AB 1262 (Torlakson) – Housing Incentive Program.

Expressed concern that AB 1262 (Torlakson) – Housing Incentive Program approach is a statewide prescription to address housing and transportation needs that should be handled within the region with a careful balancing of resources.

16. Authorized the General Manager to execute a contract with ESIS, Incorporated for Workers Compensation Third Party Administrator (TPA) claims services for a three-year term, from July 1, 2002 through June 30, 2005, with an option for two additional one-year extensions. The total three-year contract cost for claims service is not to exceed $3,922,084 and the total 5-year contract cost is not to exceed $6,931,554.

Jim Kerr, Claims Manager of Employer and Occupational Services (EOS) Group, requested the Board of Directors defer action on the item on the basis that VTA is taking risks with taxpayer money and that the EOS Group was recently favorably audited.

17. Certified that the Environmental Impact Report for the I-880/Coleman Avenue Interchange Improvement 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. Adopted a Mitigation Monitoring and Reporting Program and approved the project as amended to include ongoing conversation regarding the proposed soundwall and continued discussions with businesses that will be impacted by the change in traffic circulation, on a vote of 11 ayes, 0 noes and 1 abstention (Member Pirzynski abstained)

Expressed concern regarding impacts on the neighborhood during construction.

John Selamida, Business Owner, expressed concern regarding the proposed intersection changes, specifically, the closing of Newhall Street and the proposed soundwall.

Rocky Caringello, Property Owner, expressed opposition to the closure of Newhall Street because it would negatively impact businesses and property values and proposed a frontage road along southbound Coleman Avenue parallel to the new I-880 southbound on-ramp.

Suggested that with future projects, outreach to discuss impacts of traffic circulation to affected businesses, be initiated earlier in the process.

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON’S REPORT – Forrest Williams, Vice Chairperson

25. Adopted Resolution No. 02.05.14 authorizing the General Manager or Chief Financial Officer to take all actions necessary to enter into a VTA Bond Debt Service Fund Forward Delivery Agreement.

26. Adopted a finding that a fare increase is necessary to meet operating expenses and to fund capital projects necessary to maintain service within the existing service area, while maintaining minimum required financial reserves; invoke a Statutory Exemption under CEQA, P.R.C. �2180(b)(8) and CEQA Guidelines �15273(a) (Rates, Tolls, Fares and Charges) for the purpose of modifying and increasing fares; and adopted Resolution No. 02.05.15 establishing new rates and fares for VTA bus, light rail, and paratransit services effective July 1, 2002, as amended to place the San Jose State University TAP Program on the same timeline as the ECO Pass Program.

Kevin Kittila, Interested Citizen, expressed opposition to the proposed fare increase.

Eloy Garcia, Bud Winter Field Coalition, requested the VTA Board of Directors exclude San Jose State University’s Transit Access Program (TAP) from the proposed fare increase or grant a temporary delay to allow time for a student election.

Robin Anderson, Interested Citizen, expressed opposition to the proposed fare increase.

Eugene Bradley, Santa Clara VTA Riders Union, expressed opposition to the proposed fare increase.

Ms. Strickland expressed opposition to the proposed fare increase.

Alfonso De Alba, Interested Citizen, urged the VTA Board of Directors to oppose the proposed fare increase.

Zakhary Cribari, Interested Citizen, expressed opposition to the proposed fare increase.

Melanie Landstrom, Interested Citizen, expressed opposition to the proposed fare increase.

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. Received staff responses to public comments made during the California Environmental Quality Act (CEQA) comment period for the proposed Transit Service Reduction Plan; adopted a finding that there is a fiscal emergency, as defined by Public Resources Code (P.R.C.) �21080.32(d)(2), caused by failure of VTA revenues to adequately fund VTA programs and facilities; invoked a Statutory Exemption under CEQA, P.R.C. �21080.32 and CEQA Guidelines �15285 (Transit Agency Responses to Revenue Shortfalls) for the purpose of implementing the proposed Transit Service Reduction Plan; and approved the service modifications included in the Fiscal Year (FY) 2003 Transit Service Reduction Plan as amended to request monitoring of shuttle services with a report back to the Board of Directors in three months, evaluation of Line #19 to further modify the line to run as efficiently as possible and to review routes system-wide and report back with a strategy to resume services when appropriate, on a vote of 11 ayes, 1 nay and 0 abstentions (Member Nadler voted nay).

Inquired if smaller vehicles have been assessed for use in service to Gilroy.

Mr. Anderson expressed opposition to service reduction.

Mr. Cribari expressed concern regarding reduction of service on Line # 22 Route.

OTHER ITEMS

28. Received and filed the 1996 Measure B – Program Final Status Issue Paper.

28.X. Received and filed the Reduction in Force Process Report.

28.X.X. Approved amendments to the Santa Clara Valley Transportation Authority/Amalgamated Transit Union Pension Plan.

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, at its meeting of May 2, 2002: 1) approved amendments to the Caltrain Citizens’ Advisory Committee Bylaws regarding an attendance policy and meeting locations, 2) received the monthly performance report that indicated an 8.1 percent decline in average weekday ridership from March 2001 to March 2002, 3) approved the FY 2002/03 Caltrain Insurance Program, 4) approved the FY 2002/03 Caltrain Operating Budget of $65.8 million and an accompanying capital contingency fund of $1 million. This budget reflects a reduction in Pac Bell Park Baseball Service from three trains to two and is based on the consensus of the member agencies to hold member agency local subsidies to the FY 2002 budget level. VTA’s share of the FY 2003 Operating Budget and Capital Contingency Funds is $14.1 million, 5) received the Third Quarter Electrification Report and Quarterly Status Report and 6) authorized the Executive Director to sign a three-year lease for a warehouse required for storage of supplies, railroad and construction equipment and for training of railroad workers associated with the CTX Construction Project.

B. Capitol Corridor JPB

Heard a report that the Capitol Corridor JPB, at its meeting of April 17, 2002: 1) adopted the Capitol Corridor Vision Plan and approved the formation of a governance subcommittee to identify options for the future Capitol corridor governance structure, 2) authorized the Executive Director to submit letters of support or opposition relating to proposed state and federal legislation affecting the Capitol Corridor, 3) authorized the Executive Director to provide support and assistance to proposed regional rail programs in the Capitol Corridor and 4) discussed the proposed State Budget for FY 2002/03 and its impact on Capitol Corridor service. The Draft State Budget provides for no new Capitol Corridor service increases.

C. Altamont Commuter Express (ACE) JPB

Heard a report that ACE JPB, at its meeting of April 12, 2002: 1) received a report on the long-term economic outlook for the Bay Area, 2) received a report on the fiscal environment of each member agency, 3) discussed potential triggers for service increases, 4) received a report regarding the potential market for additional service and 5) discussed cost and revenue issues associated with increased service.

D. Metropolitan Transportation Commission (MTC)

Heard a report that MTC, at its meeting of April 24, 2002, approved the following items: 1) Employment Contract with Steve Heminger, Executive Director, 2) BART’s share of annual federal new Starts funding for FY 2001/02 for $74.9 million for the San Francisco Airport/Millbrae extension, 3) adoption of the 2001 Transportation Improvement Program, 4) a position of Support on six state legislative proposals including: a) SB 10XXX (Sher) – Diesel Sales Tax Exemption, b) SB 1636 (Figueroa) – Congestion Management Programs, Infill Opportunity Zones (Note: Commissioner Beall opposed on grounds bill would destroy nexuses and take away ability of municipalities to impose fees.), c) AB 1937 (Dutra) – Transit Agency Joint Development, d) AB 2535 (Diaz) – Congestion Monitoring, e) AB 2181 (Dutra) – Regional Gasoline Tax Eligible Projects and f) AB 2360 (Dutra) – Freeway Service Patrol Grant Program.

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

Heard a report that the Vasona Light Rail PAB, at its meeting of April 8, 2002: 1) heard a status report on the Vasona Light Rail Project and 2) discussed the CPUC Court process relative to the Hamilton Avenue Crossing.

C. Silicon Valley Rapid Transit Corridor PAB

Heard a report that the Vasona Light Rail PAB, at its meeting of April 24, 2002: 1) heard a status report on station location and alignment alternatives, 2) scheduled the Joint VTA/BART Board of Directors meeting for June 28, 2002 and 3) scheduled the next Meeting for Wednesday, May 29, 2002, at 3:00 p.m. in Milpitas.

Mr. Cribari suggested an alternate route for BART to San Jose.

D. Caltrain PAB

There was no report on the Caltrain PAB.

E. Downtown/East Valley PAB

There was no report on the Downtown/East Valley PAB.

F. Highway – South PAB

There was no report on the Highway - South PAB.

34. REPORT FROM THE CHAIRPERSON

Heard a report regarding: 1) a Workshop Meeting on Thursday, May 16, 2002, at 11:00 a.m. to review the proposed budget, 2) the Regular Board Meeting Thursday, June 6, 2002, at 6:00 p.m. in Board Supervisors’ Chambers, 3) a Joint Meeting with the County Board of Supervisors on Friday, June 7, 2002, at 8:30 a.m. at the San Jose Hyatt on North First Street in San Jose, 4) a Special Meeting (in lieu of a July Meeting, with a short agenda) Thursday, June 20, 2002, at noon at San Jose City Hall in Room 106 and 5) a Joint Meeting with BART Board on Friday, June 28, 2002, at 9:00 a.m. in Milpitas, location to be determined.

35. REPORT FROM THE GENERAL MANAGER

There was no General Manager’s Report.

36. ANNOUNCEMENTS

There were no Announcements.

37. PUBLIC PRESENTATIONS

James Wightman inquired when the low-floor light rail vehicles will begin service on the Tasman line.

Mr. Cribari provided several scenarios on how to better VTA’s finances and increase route productivity.

38. CLOSED SESSION at 8:27 p.m.

Member Gage left the meeting at 8:29 p.m.

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

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

2) Name of Case: Santa Clara Valley Transportation Authority v. Traina (Complaint in Eminent Domain--Santa Clara County Superior Court Case No. CV794104)

3) Name of Case: Santa Clara Valley Transportation Authority v. Perry, et al. (Complaint in Eminent Domain---Santa Clara County Superior Court Case No. CV794398)

4) Name of Case: Edward Gizarelli v. Santa Clara County Transit District (Santa Clara County Superior Court Case No. CV763605)

4.X) Name of Case: Application of Santa Clara Valley Transportation Authority for an order authorizing construction of an at-grade crossing at Hamilton Avenue (Vasona Light Rail Project). CPUC Application No. 01-01-003.

B. Conference with Labor Negotiators
[Government Code Section 54957.6]

Employee Organizations:
Amalgamated Transit Union (ATU)
County Employees Management Association (CEMA)
Service Employees International Union (SEIU) Local 715
Transportation Authority Engineers and Architects (TAEA)

VTA Designated Representatives:
Scott D. Buhrer, Chief Financial Officer
Kaye L. Evleth, Chief Administrative Officer
Frank T. Martin, Chief Operating Officer

RECONVENED TO OPEN SESSION at 8:53 p.m.

39. CLOSED SESSION REPORT

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

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

2) Name of Case: Santa Clara Valley Transportation Authority v. Traina (Complaint in Eminent Domain--Santa Clara County Superior Court Case No. CV794104)

3) Name of Case: Santa Clara Valley Transportation Authority v. Perry, et al. (Complaint in Eminent Domain---Santa Clara County Superior Court Case No. CV794398)

4) Name of Case: Edward Gizarelli v. Santa Clara County Transit District (Santa Clara County Superior Court Case No. CV763605)

4.X) Name of Case: Application of Santa Clara Valley Transportation Authority for an order authorizing construction of an at-grade crossing at Hamilton Avenue (Vasona Light Rail Project). CPUC Application No. 01-01-003.

There was no reportable action taken during Closed Session.

B. Conference with Labor Negotiators
[Government Code Section 54957.6]

Employee Organizations:
Amalgamated Transit Union (ATU)
County Employees Management Association (CEMA)
Service Employees International Union (SEIU) Local 715
Transportation Authority Engineers and Architects (TAEA)

VTA Designated Representatives:
Scott D. Buhrer, Chief Financial Officer
Kaye L. Evleth, Chief Administrative Officer
Frank T. Martin, Chief Operating Officer

There was no reportable action taken during Closed Session.

40. ADJOURNED at 8:54 p.m.