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Board of Directors Meeting

June 06, 2002

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

Summary Minutes

1. CALLED TO ORDER at 6:04 p.m.

2. ROLL CALL

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

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

3. ORDERS OF THE DAY

Deferred the following Agenda Item to the Special Board of Directors Meeting of June 20, 2002: Item #25., Adopt a Resolution calling for a special election on November 5, 2002 to submit to the voters an advisory measure regarding the comprehensive transit program identified in Valley Transportation Plan 2020 (VTP 2020) and will commit certain State and Federal Discretionary Funds for roadway, bicycle and pedestrian projects and programs as identified in VTP 2020 which was adopted on December 14, 2000.

Noted staff has indicated an administrative change in Agenda Item #29., Approve the appointment of Richard Uribe, representing East Side Adult Education, to fill an existing vacancy on the Committee for Transit Accessibility in the Human Services Category for a two-year term. Noted that the representative from the East Side Adult Education Program will be Ms. Jeannette Bruntz. Noted that staff further requested the item be approved on tonight’s Consent Agenda.

Accepted Orders of the Day.

4. AWARDS AND COMMENDATIONS

Employees of the Month

Ex-Officio Board Member McLemore took his seat at 6:09 p.m.

Presented awards to Frank Mijokovic, Guadalupe Operations; and Mae Ma, River Oaks Administration, as VTA Employees of the Month for June 2002; and Hamisi White as Supervisor of the Quarter. Merle Giles, Guadalupe Maintenance, was unable to attend.

5. Hearing – Notice of Intention to Adopt a Resolution of Necessity – Route 237/880 Interchange Project, Stage C

Property ID/Owner/Assessor’s Parcel Number

19001/City and County of San Francisco/APN: 086-02-007
Resolution No. 02.06.16

Closed Hearing and adopted a Resolution of Necessity in connection with the Route 237/880 Interchange Project, Stage C, 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.

6. Hearing – Notice of Intention to Adopt Resolutions of Necessity – Route 85/101 North Interchange Project

Board Member La Poll took his seat at 6:13 p.m.

Property ID/Owner/Assessor’s Parcel Number

18901/Sobrato 1979 Trust/APN: 116-13-031 Resolution No. 02.06.17
18912 & 18913/Silicon Graphics Real Estate, Inc./APN: 116-14-020, 022, 024, 093, 096, 116 Resolution No. 02.06.18

Closed Hearing and adopted Resolutions of Necessity in connection with Route 85/101 North Interchange 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

The Agenda was taken out of order.

Noted Board Member Kennedy’s abstention from Item #7., Minutes of the Special Board of Directors’ Workshop Meeting of April 18, 2002 and Item #8., Minutes of the Regular Board of Directors’ Meeting of May 2, 2002.

29. Approved the appointment of Jeannette Bruntz, representing East Side Adult Education, to fill an existing vacancy on the Committee for Transit Accessibility in the Human Services Category for a two-year term.

7. Approved the Minutes of the Special Board of Directors’ Workshop Meeting of April 18, 2002.

8. Approved the Minutes of the Regular Board of Directors’ Meeting of May 2, 2002.

9. Approved the Minutes of the Special Board of Directors’ Workshop Meeting of May 16, 2002.
ADMINISTRATION AND FINANCE COMMITTEE

10. Adopted a support position for AB 2360 (Dutra) –Freeway Service Patrols, AB 2369 (Salinas) – Transportation Accessibility Bond Act, AB 3026 (Transportation Committee) – GARVEE bonds, SB 1581 (Transportation Committee) – Omnibus Bill, SB 1687 (Margett) – Electronic bidding and SCA 11 (Murray) – Loans of transportation funds.

11. Authorized the General Manager to execute a contract with Magellan Behavioral Health for Employee Assistance Program (EAP) services for three years, from
July 1, 2002 through June 30, 2005, in an amount not to exceed $243,083.

12. Authorized the General Manager to execute a two-year contract with O.C. Tanner in the amount of $78,892 for employee service awards, with three one-year options in an amount not to exceed $44,000 per year; and authorized the General Manager to execute a two-year contract with Jostens in the amount of $54,294 for employee safety awards, with three one-year options in an amount not to exceed $31,000 per year.

13. Authorized the General Manager to purchase insurance coverage for Excess Liability for General and Auto Liability and Public Officials Errors and Omissions Liability, Property/Boiler and Machinery, Crime, Inland Marine for Buses, Vans and Mobile Equipment, Inland Marine for Light Rail Vehicles, Flood and Excess Flood, for the annual Operations Program insurance renewal for an amount not to exceed $1,600,000.

14. Adopted Resolution No. 02.06.19 authorizing the filing of an annual claim to the Metropolitan Transportation Commission (MTC) for allocation of FY 2002-2003 Transportation Development Act (TDA) and State Transit Assistance (STA) funds.

15. Adopted Resolution No. 02.06.20 to preserve the right, but not the obligation, to use bond proceeds to reimburse the Santa Clara Valley Transportation Authority (VTA) for costs incurred for capital projects and equipment purchases, if VTA, at a future date, decides to issue bonds.

16. Adopted Resolution No. 02.06.21 authorizing filing of applications for Transportation Fund for Clean Air “60%” Regional Funds to the Bay Area Air Quality Management District (BAAQMD), and authorize the General Manager to execute the Funding Agreements upon receipt from BAAQMD.

17. Authorized the General Manager to execute a Cooperative Agreement with the California Department of Transportation (Caltrans) covering construction of the 1996 Measure B Transportation Improvement Program (MBTIP) – Route 152 Improvements Project Phases A and B.

18. 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, 2004.

19. Authorized the General Manager to execute a Cooperative Agreement with the California Department of Transportation (Caltrans) covering the environmental, design, right of way and construction phases of the Route 87 South Project.

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 Clayton Group Services to provide industrial hygiene and safety services as needed. This contract will be for a period of three years for a total contract value not to exceed $250,000. Further, authorized the General Manager to execute a two-year option for years four and five for a new contract value not to exceed $450,000 for the five-year term of the contract.

21. Authorized the General Manager to execute a Deed of Right-of-Way for Road Purposes and an Offer to Dedicate for Public Street and Road Purposes related to Phase 2 of the San Martin Park-and-Ride Interim Expansion Project.

22. Authorized the General Manager to execute contracts and future extensions thereof with the following real estate appraisal firms that specialize in eminent domain (condemnation) expert witness services: 1) Diaz, Diaz and Boyd, 2) The Reitman Group, 3) Burchard and Rinehart, 4) Patrick Idiart and Associates, 5) Smith and Associates, 6) Dana Property Analysis and 7) Dean Chapman and Associates. Each contract will be for an initial three-year period, with up to two additional one-year terms, in a total amount not to exceed amounts budgeted for such services in any given year. All contracts for the initial three-year term shall not exceed the aggregate total of $200,000.

23. Authorized the General Manager to execute an amendment to the Agreement with the Macro Corporation for consulting and engineering services for the Advanced Communications System, to extend the agreement term, at no additional cost, through December 31, 2003, and to extend the agreement term, up to one additional year, as necessary, for project completion.

24. Authorized the General Manager to execute the documents necessary to sell surplus land of approximately 1.79 acres, on Winfield Boulevard in the City of San Jose to the City of San Jose for park use, for $1,105,000.

REGULAR AGENDA

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

25. (Deferred to the Special Board of Directors’ Meeting of June 20, 2002.)

Adopted a Resolution calling for a special election on November 5, 2002 to submit to the voters an advisory measure regarding the comprehensive transit program identified in Valley Transportation Plan 2020 (VTP 2020) and will commit certain State and Federal Discretionary Funds for roadway, bicycle and pedestrian projects and programs as identified in VTP 2020 which was adopted on December 14, 2000.

26. Directed attention to the chart on Page 3 of 5 of the Board Memorandum entitled Santa Clara Valley Transportation Authority Fiscal Year 2002-03 Proposed Budget Statement of Revenues and Expenses and queried about the revised Contingency Percentage Change from FY 2002.

Directed attention to Page 42 of the Recommended Budget for Fiscal Year 2002-2003, 2000 Measure A Transit Improvement Program, and queried why the Budget did not contain information on the Conceptual Engineering and Environmental Impact Statement (EIS)/Environmental Impact Report (EIR) for the Downtown East Valley Project. Requested that the information be included in the Budget.

Directed attention to the June 6, 2002 letter addressed to the Board of Directors from Marilynn Smith, Chapter Chair, Service Employees International Union (SEIU) - Local 715, and requested feedback on the issues raised regarding the reduction of clerks, the increase in clerical supervisors and use of consultants.

Directed attention to the chart on Page 4 of 5 of the Board Memorandum entitled Santa Clara Valley Transportation Authority Capital Budget – FY 2002-03, Carryover Projects, ADA Paratransit and queried if worker retention or labor peace was included in the contract agreement with the new contractor.

Requested that the following information be provided at the August 2002 Board of Directors’ Workshop Meeting: 1) copies of the contract with OUTREACH and Escort; 2) how VTA can incorporate worker retention and labor peace in the OUTREACH and Escort contract; 3) directed staff to implement strategies to implement the options and to better protect the folks that are working regardless of whom they are subcontracting with; and 4) under what terms and conditions can VTA open up the OUTREACH contract.

Queried how many employees are being supervised by the Office Support Supervisors.

Directed attention to Local 715’s request to receive monthly updates on the status of contract employees and requested a monthly update be provided to the Board of Directors as well.

Expressed concern regarding the low number of employees being supervised by the Office Support Supervisors.

Encouraged staff to continue to approach consulting contracts on the basis of just what is needed and suggested that VTA pay for the overhead directly in order for jobs to be saved.

Noted the Caltrain Joint Powers Board (JPB) Meeting of June 6, 2002 and the discussion held regarding the FY 2002-03 capital budget. Noted the JPB deferred the capital budget to the next JPB meeting to try to find if there was any opportunity for Santa Clara County to come up with its one-third share of continuing the preliminary engineering and design for the Caltrain electrification project. Queried if there is any place at all within the budget, which would not affect other programs, to fund Santa Clara County’s share of $2.9 million.

Noted that the 2000 Measure A Program, in addition to BART and light rail, included Caltrain service improvements through South County including new trackage.

Marilynn Smith, Chapter Chair, Local 715-SEIU, addressed the Board of Directors and noted Local 715’s appreciation for being able to provide input into the process. She noted that Local 715 is not having any layoffs in the clerical realm. Ms. Smith expressed concern regarding the deletion of 21 clerical positions and the impact to VTA in the long term.

Maryjane Naughten, VTA Committee for Transit Accessibility (CTA) Member and representative of the YMCA-Physical Disabilities Program, addressed the Board of Directors and directed attention to the signed petition regarding OUTREACH Services requesting that VTA not make drastic budget cuts or program changes. She referred to the public meetings held by VTA regarding bus service and queried why paratransit was not included.

Al Triplett, President of the Amalgamated Transit Union (ATU)-Local 265, addressed the Board of Directors and noted the Union’s concerns regarding the 2002-03 Budget that were raised at the Board of Directors’ Workshop Meeting held on May 16, 2002. Mr. Triplett noted that the most important concern is centered around funds allocated for various consultants as well as the size of the marketing budget. He noted that the Union felt that the funds would be better spent on direct service to the public. Mr. Triplett noted that Peter M. Cipolla, General Manager, has answered many of the Union’s concerns, but the Union remains skeptical about certain budget priorities and remains committed to being part of the ongoing budget process. Mr. Triplett urged that any unspent funds be placed in an operational reserve for the restoration of service and call back of operators.

Tom Fink, Business Agent for ATU-Local 265, addressed the Board of Directors and expressed concern regarding the layoffs of 200 ATU Members due to the current budget crisis. He noted that the layoffs are a personal blow to the new operators, because many of the operators gave up stable jobs or passed up other opportunities to establish what they felt would be secure careers in public transportation.

Eugene Bradley, Santa Clara VTA Riders Union, addressed the Board of Directors and referred to all the voters who have approved various mass transit measures of 1996, 2000 and just recently Proposition 42. He expressed concern that VTA is, once again, short-changing anybody who has supported mass transit with the proposed budget cuts. He queried where the true priorities of VTA were by laying off over 250 operators and mechanics and in turn hiring consultants. He noted over $4 million of various wastes that is hidden under miscellaneous or other various locations throughout the budget.

Louie Bettencourt, Teamster-Local 287, addressed the Board of Directors and expressed concern regarding the 187 paratransit drivers employed at Laidlaw Transit Services who are in jeopardy of losing their jobs due to the proposed OUTREACH service cuts.

Phaedra Ellis-Lamkins, Deputy Executive Officer of the South Bay Labor Council, addressed the Board of Directors and expressed concern regarding the unions being impacted by the proposed budget cuts. She noted that the South Bay Labor Council is committed to participating and partnering with VTA to mitigate the impacts of budget cuts on VTA employees and clients.

Zakhary Cribari, Interested Citizen, addressed the Board of Directors and expressed concern regarding the employee layoffs and the use of consultants. He noted that without the public, VTA would not exist.

Kathryn Hoag, Interested Citizen, addressed the Board of Directors and queried if VTA would be hiring SCAB labor and queried why VTA uses consultants. She noted that the funds used for consultants should be used for the public and OUTREACH services.

Commended staff for their hard work on the budget.

Requested that staff immediately contact Laidlaw and OUTREACH to share the concerns of the Board of Directors regarding retention and labor peace and to inform them that the issue would be discussed at the Board of Directors Workshop Meeting in August 2002.

Requested that staff do all that is possible to maintain employee retention.

Adopted Resolution No. 02.06.22 approving the FY 2002-03 Recommended Budget.

27. Approved Project Priorities for the 2002/03 Countywide Transportation Development Act (TDA Article 3) Program.

28. Approved programming $12.5 million in State Transportation Improvement Program (STIP) Funds for the SR-87 Freeway Project near Mineta San Jose International Airport.

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

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

OTHER ITEMS

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

Approve the appointment of Jeannette Bruntz, representing East Side Adult Education, to fill an existing vacancy on the Committee for Transit Accessibility in the Human Services Category for a two-year term.

30. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no Items of Concern and Referral to Administration.

31. LEGISLATIVE REPORT

Accepted as contained in the agenda packet.

32. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the agenda packet.

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

D. Metropolitan Transportation Commission (MTC)

Heard a report that MTC, at its meeting of Tuesday, May 14, 2002: MTC Executive Director and members of his staff met with Mr. Cipolla and VTA’s senior financial staff about VTA’s budget situation.

A. Peninsula Corridor JPB

Heard a report that the Peninsula Corridor JPB, at its meeting of Thursday, June 6, 2002: 1) discussed the Caltrain Electrification Preliminary Engineering Project.

B. Capitol Corridor JPB

There was no report on the Capitol Corridor JPB.

C. Altamont Commuter Express (ACE) JPB

Heard a report that the ACE JPB, at its meeting of Monday, May 20, 2002: 1) discussed the Draft ACE Fiscal Year 2002-2003 Budget. The budget is scheduled for approval at the June 17, 2002 ACE Board meeting and 2) elected VTA Board of Director, Forrest Williams, as Chair of the ACE Board.

34. 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, at its meeting of Wednesday, May 29, 2002: VTA staff presented the recommended project description for the BART Extension that will be further analyzed in the Environmental Impact Statement/Environmental Impact Report (EIS/EIR). Through evaluation, coordination with cities and other agencies, and participation from the community, most of the BART alignment and station options were resolved. However, the recommendations included some remaining design options that will be carried over into the environmental document for additional analysis and input. The PAB approved the recommended project description, along with some alignment and station options on May 29, 2002. The PAB will be forwarding the recommendations to the VTA and BART Board of Directors for consideration at a joint meeting on June 28, 2002.

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 PAB - South

There was no report on the Highway PAB-South.

35. REPORT FROM THE CHAIRPERSON

There was no Chairperson Report.

36. REPORT FROM THE GENERAL MANAGER

Heard a report, highlighting: 1) recently completed a report to the City of San Jose regarding the Downtown Mall Platform, 2) report on the Downtown Mall Platform would be sent out to the appropriate persons on Monday, June 10, 2002, and 3) VTA’s Career Opportunity Event held on Thursday, June 6, 2002 for employees impacted by layoffs.

37. ANNOUNCEMENTS

There were no Announcements.

38. PUBLIC PRESENTATIONS
Sandra Weymouth, VTA Board Secretary, read into the record the concerns of Dawn Wilcox, Chair Consumers Advisory Committee of the Peninsula Center for the Blind and Visually Impaired, regarding Paratransit fees and the pick-up window to go into effect July 1, 2002.

Sandy Gouveia, Member of CTA, Disability Advisory Commission for the City of San Jose, Disability Advisory for the County of Santa Clara, and Employment Specialist with the Peninsula Center for the Blind and Visually Impaired, addressed the Board of Directors and expressed concern for the clients and calls received regarding OUTREACH. Ms. Gouveia referred to a letter she received from OUTREACH informing her of the changes to the OUTREACH Paratransit Program, effective July 1, 2002. She noted that the disabled community did not have any input on the changes to the program.

Barbara Rhodes, Member of CTA, Metropolitan Transportation Elderly and Disabled Advisory Committee, and Silicon Valley Council for the Blind, addressed the Board of Directors and thanked the Board of Directors for a wonderful OUTREACH Program. She requested the Board of Directors not to allow VTA to destroy something that has given persons with disabilities the ability to partake in the community. Ms. Rhodes noted an interest in working with VTA and noted that there needs to be community outreach and community input on the decision-making process. She expressed concern regarding the consultants used to review the OUTREACH Program.

Donna Sanchez, representing the Alliance Blind Center and Silicon Valley Council for the Blind, addressed the Board of Directors and directed attention to the petition requesting that VTA continue to provide OUTREACH services to their segment of the disabled population. She noted that reduction of the services would have a detrimental impact on their community.

Rose Deterdeng, representing the Alliance Blind Center and Silicon Valley Council for the Blind, addressed the Board of Directors and noted that OUTREACH is a wonderful service and noted the need for the continuation of OUTREACH services.

Mr. Cribari addressed the Board of Directors and noted his proposal regarding BART to San Jose.

Marian Otis, CTA Member and outgoing President of the Disabled Students Association at San Jose State University, addressed the Board of Directors and expressed concern regarding the pick-up window for OUTREACH.

39. CLOSED SESSION at 7:31 p.m.
Board Member Nadler took her seat at 7:37 p.m.
Ex-Officio Board Member McLemore left the meeting at 7:40 p.m.
Board Member Gage left the meeting at 7:42 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: Quinn v. Santa Clara Valley Transportation Authority
(Santa Clara County Superior Court Case No. CV791946)

4) Name of Case: York v. Santa Clara Valley Transportation Authority
(WCAB No. SJO 192882)

5) Name of Case: Smith v. Santa Clara Valley Transportation Authority
(WCAB Nos. SJO 0216673, 0216674, 0216675)

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

RECONVENE TO OPEN SESSION at 7:45 p.m.

40. 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: Quinn v. Santa Clara Valley Transportation Authority
(Santa Clara County Superior Court Case No. CV791946)

4) Name of Case: York v. Santa Clara Valley Transportation Authority
(WCAB No. SJO 192882)

5) Name of Case: Smith v. Santa Clara Valley Transportation Authority
(WCAB Nos. SJO 0216673, 0216674, 0216675)

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.

41. ADJOURNED at 7:45 p.m.