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Board of Directors Meeting

August 01, 2002

City Council Chambers
San Jose City Hall
801 North First Street
San Jose, California

Summary Minutes

1. CALLED TO ORDER at 6:09 p.m.

2. ROLL CALL

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

Members Absent: Beall (Ex-Officio), Dando, Gage, Gonzales, McHugh, Nadler, Valerio

3. ORDERS OF THE DAY

Added to the Consent Agenda: Agenda Item # 35., Appoint, as VTA’s representatives to the 2020 Peninsula Gateway Corridor Study, Board Member Dena Mossar to the Policy Advisory Committee and Carolyn Gonot, Deputy Director of the Congestion Management Program, to the Technical Advisory Committee.

Added to the Consent Agenda: Agenda Item # 35.X., Continue to support the following pieces of legislation: AB 381 (Salinas) – Farebox Recovery Ratios; and, AB 666 (Dutra) – Passenger Rail Project Delivery Demonstration Program.

Accepted Orders of the Day.

4. AWARDS AND COMMENDATIONS

A. Employees of the Month

Presented award to Hassan Basma, River Oaks Administration, as VTA Employee of the Month for July 2002. Abel Garcia, North Operations and Raul De La Rosa, Cerone Maintenance were unable to attend.

Presented award to Virginia Grijalva, River Oaks Administration, as VTA Employee of the Month for August 2002. Richard Vidrio, Cerone Maintenance and Jarnail Judge, Cerone Operations were unable to attend.

B. American Public Works Association (APWA) Award for the Gilroy Caltrain Transit Center

Presented award to the VTA Board of Directors. Vice Chairperson Kennedy and Board Member Springer accepted the award on behalf of the VTA Board of Directors for the Gilroy Caltrain Transit Center from Gordon Siber, President of South Chapter of the APWA.

Thanked Jack J. Collins, Chief Construction Officer, and staff for their diligent work on the Gilroy Caltrain Transit Center project and noted that Mr. Collins and his staff deserve full credit for the success of the project.

5. Hearing – Notice of Intention to Adopt a Resolution of Necessity – Route 85/101 North Interchange Project

Closed Hearing and adopted a Resolution of Necessity determining that the public interest and necessity require the partial acquisition of three properties located in Mountain View, California, for the 85/101 North Interchange Project.

Property ID/Owner/Assessor’s Parcel Number

1. 18906 / The Pond House, LLC /APN: 153-15-029
Resolution No. 02.08.25
2. 18907 / Storage Equities, Inc./APN: 153-15-002 and 007
Resolution No. 02.08.26
3. 18908 / Mission West Shoreline, LLC /APN: 116-16-077
Resolution No. 02.08.27

Property ID/Owner/Assessor’s Parcel Number

4. 18915 / Nishimoto and Ozawa Trusts /APN: 153-18-034
(SETTLED)

CONSENT AGENDA

The Agenda was taken out of order.

Thanked, acknowledged and expressed gratitude to Anne-Catherine Vinickas, Marketing and Customer Service Director, Gail Collins, Marketing and Customer Service Special Projects Manager and Jack Mackie, Program Artist, for the diligent work on the Community Oriented Design Enhancements (CODE) Projects.

Removed from the Consent Agenda and placed on the Regular Agenda: Agenda Item # 20., 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 $900,000.

Removed from the Consent Agenda and placed on the Regular Agenda: Agenda Item # 33., Authorize the General Manager to execute amendments to the Transit Shelter Advertising Program Agreement and the Implementation Agreement for Transit Shelter Advertising Program that would allow for: 1) the expansion of the Program by 200 shelters, 2) the augmentation of Clear Channel Outdoor’s maintenance responsibilities, 3) a change in the profit sharing structure between VTA and the participating jurisdictions, and 4) the extension of the Implementation Agreement by five years.

Thanked and acknowledged Michael P. Evanhoe, Chief Development Officer and staff for the diligent work on Route 152 Project in Gilroy. Noted Mr. Evanhoe’s staff commitment to develop the project on time and under budget.

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

7. Approved the Minutes of the Special Board of Directors’ Meeting of June 20, 2002.

8. Approved the Minutes of the Joint Meeting of VTA Board of Directors’ and Santa Clara County Board of Supervisors of June 7, 2002.

BOARD OF DIRECTORS COMMITTEE OF THE WHOLE (COW)
VICE CHAIRPERSON’S REPORT - Jane P. Kennedy

9. Authorized the General Manager to apply for and execute a grant agreement with the Federal Transit Administration (FTA) in the amount of $50,000 for Emergency Preparedness Drills.

10. Authorized the General Manager to execute a grant agreement with the California Energy Commission (CEC) in the amount of $300,000 for the construction of the Hydrogen Fuel Cell Facility at the Cerone Bus Division.

11. Authorized the General Manager to execute a contract with the lowest responsible bidder, OC Jones & Sons, in an amount of $10,832,344 for construction of the Tasman East Light Rail Project: I-880 to Hostetter Stations and Park-and-Ride Construction.

12. Authorized the General Manager to execute a contract amendment with the Peninsula Corridor Joint Powers Board (PCJPB) to increase the contract value in an amount not to exceed $1,500,000 for a new contract amount of $5,350,000, and to extend the contract duration through June 2004, for support services during construction of the Vasona Light Rail Project, and further authorized the General Manager to execute an amendment to the Construction and Maintenance Agreement with the PCJPB to extend its term through June 2004.

13. Approved the following new appointments to the Bicycle & Pedestrian Advisory Committee with a term expiration of June 30, 2004: Mahmoud Kamangar representing the Town of Los Altos Hills and Cedric de La Beaujardiere representing the City of Palo Alto and further, approved the following re-appointments to the Bicycle & Pedestrian Advisory Committee with a term expiration of June 30, 2004: Joe Walton representing the City of Cupertino, Al Slechta representing the City of Gilroy, Curt Riffle representing the City of Los Altos, Marc Jensen representing the Town of Los Gatos, Rob Means representing the City of Milpitas, William Manry representing the City of Monte Sereno, Bob Eltgroth representing the City of Morgan Hill, John Sullivan representing the City of Santa Clara and Jim Stallman representing the City of Saratoga.

14. Approved the formation of the South County Roadway Policy Advisory Board (PAB) and appoint Board Member Pat Dando as VTA’s member to the PAB.

15. Approved the CODE concept proposals for stations and park-and-ride lots on the Tasman East and Capitol Light Rail Projects of artists Deborah Mersky, John Okulick, Ries Niemi, Jean Whitesavage/Nick Lyle, Victor Zaballa, and Wick Alexander.

16. Authorized the General Manager to amend the contract with Nolte Associates, Inc. for final design of the Route 85/101 North Interchange Project, increasing the approved contract by $962,015 for a new value not to exceed $9,490,015; and extend the term of the contract through December 31, 2005.

17. Authorized the General Manager to amend the contract with Brian Kangas Foulk to add services for final design of additional project scope for the Route 87 South HOV Lane Widening Project, increasing the existing contract by $2,054,041 for a new value not to exceed $7,918,945.

18. Authorized the General Manager to extend the contract with Free Life Enterprises for Substance Abuse Professional Services for two years, to July 31, 2004, and increase the contract by $220,000 for a revised contract amount of $472,000.

19. Authorized the General Manager to add the Tamien to Lick Double Track construction project to the rail construction Owner Controlled Insurance Program (OCIP) at a cost not to exceed $661,881 for Workers’ Compensation and General Liability insurance, Builder’s Risk insurance, and Railroad Protective Liability insurance. This purchase brings the total insurance premium cost for the rail projects to $6,390,551.

20. (Removed from the Consent Agenda and placed on the Regular 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 $900,000.

21. Authorized the General Manager to execute a contract with Cal-Air Inc., the lowest responsive and responsible bidder, for the preventive maintenance and repair of VTA’s Heating, Ventilation and Air Conditioning (HVAC) and refrigeration systems. The term of the contract is for three years with two one-year options at a cost of $229,025 for the first year, $250,621 for the second year and $265,096 for third year. Option years four and five are at a cost of $408,587 and $452,050 respectively. The total amount of the contract will not exceed $1,605,379 for the five-year period.

22. Authorized the General Manager to execute a contract with Vertrans, Inc., the lowest responsive and responsible bidder, for preventive maintenance and repair of elevators and escalators located at VTA facilities. The term of the contract is for three years with two one-year options at a cost of $209,300 for years one through three. Option years four and five are at a cost of $218,108 annually. The total amount of the contract will not exceed $1,064,116 for the five-year period.

23. Authorized the General Manager to execute a contract with Extengine Systems LLC for the purchase, installation, operation and testing of the technology to be used in VTA’s Nitrogen Oxide (NOx) Reduction Demonstration Project for the amount of $185,768. The duration of this project is three years.

24. Authorized the General Manager to execute a one-year contract with MBIA MuniServices Company (MMC) to perform a review of VTA’s half-cent sales tax receipts for the purpose of recovering revenue misallocated to other jurisdictions. MMC’s fee will be 25% of additional revenue received. MMC will also provide analysis and reporting services for a fixed fee of $20,000 for one year. Total estimated fee for the first year is $108,000. Further authorized the General Manager to extend the contract for two additional one-year terms. The fee for recovered revenue will decrease to 20% for the second and third years. Total estimated fees for the second and third years are $270,000 and $395,000, respectively. Adopted State Board of Equalization Confidentiality Resolution No. 02.08.28 (Attachment 1), authorizing MMC to examine VTA’s transactions and use tax records.

25. Authorized the General Manager to execute a contract with PGH Wong Engineering, Inc., for light rail design support services for the next three years in an amount not to exceed $3,000,000 with an option for two additional years in an amount not to exceed $1,000,000 for a total not to exceed amount of $4,000,000.

26. Authorized the General Manager to execute three contracts and future options for Right-of-Way Engineering and Survey Services with the following firms: a contract with Towill, Inc. will be for an initial three-year period in an amount not to exceed $5,000,000, with an option for two additional years in an amount not to exceed $1,000,000 for a total not to exceed $6,000,000; contracts with Psomas and HMH, Inc. will be for an initial three-year period in an amount not to exceed $1,000,000 per contract, with an option for two additional years in an amount not to exceed $500,000 for a total not to exceed $1,500,000 per contract. The five-year total for all three agreements will not exceed $9,000,000.

27. Authorized the General Manager to execute a Purchase Agreement allowing for the purchase of land necessary for the Capitol Light Rail Project (Parcel CP021) from East Side Union High School District (ESUHSD) for $4,678,500.

28. Authorized the General Manager to execute a real property purchase agreement with the City and County of San Francisco for an amount not to exceed $183,252.

29. Authorized an increase of $1.5 million to the current amount of $4.0 million, for a total amount not to exceed $5.5 million for all general planning support services contracts through May 5, 2004.

30. Approved the 1996 Measure B baseline scope, baseline schedule and baseline cost estimate for the Route 152 Project, in accordance with Article V – Project Definition of the Master Agreement with the County of Santa Clara.

31. Approved the 1996 Measure B baseline scope, baseline schedule and baseline cost estimate for the Route 17 Improvement Project, in accordance with Article V – Project Definition of the Master Agreement with the County of Santa Clara.

32. Adopted the Proposed Policies for the Tier 1 Bicycle Projects/Bicycle Expenditure Program.

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

Authorize the General Manager to execute amendments to the Transit Shelter Advertising Program Agreement and the Implementation Agreement for Transit Shelter Advertising Program that would allow for: 1) the expansion of the Program by 200 shelters, 2) the augmentation of Clear Channel Outdoor’s maintenance responsibilities, 3) a change in the profit sharing structure between VTA and the participating jurisdictions, and 4) the extension of the Implementation Agreement by five years.

35. Appointed, as VTA’s representatives to the 2020 Peninsula Gateway Corridor Study, Board Member Dena Mossar to the Policy Advisory Committee and Carolyn Gonot, Deputy Director of the Congestion Management Program, to the Technical Advisory Committee.

35.X. Support the following pieces of legislation: AB 381 (Salinas) – Farebox Recovery Ratios; and, AB 666 (Dutra) – Passenger Rail Project Delivery Demonstration Program.

ADMINISTRATION AND FINANCE COMMITTEE

There were no items submitted for the Consent Agenda by the Administration and Finance Committee.

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

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

REGULAR AGENDA

BOARD OF DIRECTORS COMMITTEE OF THE WHOLE (COW)
VICE CHAIRPERSON’S REPORT - Jane P. Kennedy

20. Deferred to 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 $900,000.

Requested that this item be deferred due to the fact that the Santa Clara County Board of Supervisors and VTA had an agreement that this corridor was a 2000 Measure A Project. Requested that VTA Staff and Santa Clara County Board of Supervisors Staff meet to discuss the issues regarding this corridor project. Requested that the item be deferred to the September 5, 2002 Board of Directors Regular Meeting.

33. Authorized the General Manager to execute amendments to the Transit Shelter Advertising Program Agreement and the Implementation Agreement for Transit Shelter Advertising Program that would allow for: 1) the expansion of the Program by 200 shelters, 2) the augmentation of Clear Channel Outdoor’s maintenance responsibilities, 3) a change in the profit sharing structure between VTA and the participating jurisdictions, and 4) the extension of the Implementation Agreement by five years.

Requested a meeting with VTA Staff, Clear Channel Outdoors and Cultural Initiatives Silicon Valley to create an opportunity to incorporate student artwork in the VTA’s Transit Shelter Advertising Program.

Board Member Chavez took her seat at 6:25 p.m.
Board Member McLemore (Ex-Officio) left his seat at 6:25 p.m.
Board Member McLemore (Ex-Officio) took his seat at 6:27 p.m.

34. Determined that approximately 5.80 acres of vacant land, subject to a survey, at the Capitol Park-and-Ride Lot is no longer necessary for VTA use, and authorized the General Manager to send written offer to sell or lease to public agencies that may be interested in the property.

Queried if there were any title issues regarding the property. Staff noted that the process can be initiated at the same time as the title issues are addressed. Staff noted that the land was purchased with joint funding from the Guadalupe Corridor Project. Staff noted that the land is still titled to the City of San Jose, VTA and the County of Santa Clara. Staff added that the VTA Board of Directors exchanged land with the County of Santa Clara years ago but never completed the change of title for the property. Staff noted that the title issues will be addressed.

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

There were no items submitted for the Regular Agenda by the Administration and Finance Committee.

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

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

Appoint, as VTA’s representatives to the 2020 Peninsula Gateway Corridor Study, Board Member Dena Mossar to the Policy Advisory Committee and Carolyn Gonot, Deputy Director of the Congestion Management Program, to the Technical Advisory Committee.

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

Continue to support the following pieces of legislation: AB 381 (Salinas) – Farebox Recovery Ratios; and, AB 666 (Dutra) – Passenger Rail Project Delivery Demonstration Program.

36. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no Items of Concern and Referral to Administration.

37. LEGISLATIVE REPORT

Accepted as contained in the agenda packet.

38. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the agenda packet.

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

A. Peninsula Corridor JPB

Heard a report: that the Peninsula Corridor JPB, at its July 11, 2002 Meeting approved agreements with the City of Palo Alto for construction of the Homer Avenue Pedestrian Underpass project; authorized application for a Federal Transit Administration Security/Emergency Management Grant in the Amount of $50,000; approved the Construction and Maintenance Agreement for the Colma Creek Flood Control Improvements and the Replacement of the Caltrain Colma Creek Bridge; approved several appointments to the Caltrain Citizens Advisory Committee; received the Caltrain performance report; approved the Caltrain Fiscal Year 2002-2003 Capital Budget of $83.9 million.

The budget includes $8.6 million for electrification preliminary engineering and design. The approved action also requested the Metropolitan Transportation Commission to reprogram $12 million in Federal Revenue Aligned Budget Authority (RABA) funds to the Caltrain Joint Powers Board for funding electrification preliminary engineering and design in Fiscal Years 2003 and 2004. These RABA funds had been programmed to VTA for South Santa Clara County Caltrain improvements in Gilroy.

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 June 17, 2002 Meeting received the monthly ACE performance report; approved the ACE Fiscal Year 2002-2003 Budget and noted that the July 15, 2002 ACE Board meeting was cancelled.

D. Metropolitan Transportation Commission (MTC)

Heard a report: that the MTC, at its July 24, 2002 Meeting heard a report in the form of a letter from Senator Torlakson regarding Senate Bill 1243 which changes the name of the Metropolitan Transportation Commission (MTC) to the Bay Area Land Use and Transportation; Senator Torlakson noted his recent amendments to the bill; MTC voted to support SB 1243 in its amended form; approved the San Francisco Bay Crossing Study; approved the VTA’s request for conversion of federal transit funding to preventive maintenance; approved the principles for prioritizing Obligation Authority for STP/CMAQ and TEA funds through the end of TEA-21; approved the revision of the Revenue Aligned Budget Authority (RABA) Program of Projects to include preliminary engineering for the Caltrain electrification project with an amendment; noted that the Commission will receive a report on the new costs of electrification when the study is completed; approved the revision to the Regional Express Bus Program; VTA requested that its two projects in the Regional Express Bus Program be deleted because it is unable to expand service at this time due to budgetary constraints; approved a substitute project by AC Transit for new service on the San Mateo-Haywood Bridge; noted that on July 24, 2002, a panel of federal judges overruled the U.S. Environmental Protection Agency (EPA) and froze new Bay Area highway projects and asked for further information on the region’s effort to purge smog from the air.

Noted that MTC received a ruling by another federal judge on July 17 that ordered the MTC to make good on its 1982 pledge to implement Transportation Control Measure 2 (TCM2); the judge found that MTC has failed to increase Bay Area transit use by 15 percent over the 1982-83 levels this ruling resulted in MTC not being able to approve the 2003 Transportation Improvement Program (TIP) at its July meeting.

40. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A. Tasman East/Capitol Light Rail PAB

There was no report on the Tasman East/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

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

D. Caltrain PAB

There was no report on the Caltrain PAB.

E. Downtown/East Valley (DTEV) PAB

Heard a report: that the DTEV PAB met on June 26, 2002; approved the proposed staff recommendations for the Capitol Expressway Light Rail Project Definition including alignment, station location and design, and park-and-ride lot options to be analyzed in the environmental document; requested one modification for examination of additional park-and-ride alternatives at the Monterey Highway station; received a brief status update regarding the potential relinquishment of Capitol Expressway from Santa Clara County to the City of San Jose; agreed to convene a joint meeting between the Capitol Expressway Small Group PAB and the DTEV PAB the meeting is scheduled for Thursday, September 12, 2002, at 8:00 a.m. at a location to be determined; approved establishing a Subcommittee of the DTEV PAB. Discussed an anticipated Subcommittee work-plan and schedule at the next DTEV PAB meeting, which is scheduled for September 12, 2002, from 3:00 p.m. - 4:30 p.m. in Room 204 in San Jose City Hall.

F. Highway PAB – South

There was no report on the Highway PAB - South.

41. REPORT FROM THE CHAIRPERSON (Verbal Report)

There was no Chairperson Report.

42. REPORT FROM THE GENERAL MANAGER (Verbal Report)

Heard a report, highlighting: 1) Board of Directors Workshop on Friday, August 2, 2002 regarding Outreach Program and VTP 2020 Projects; 2) noted percentage decrease in ridership; 3) noted the APTA Annual Exposition Conference in Las Vegas and 4) noted FTA sponsored conference with various cities regarding Emergency Preparedness Security Issues scheduled for August 5 – 6, 2002.

43. ANNOUNCEMENTS

There were no Announcements.

44. PUBLIC PRESENTATIONS

Eugene Bradley, Santa Clara VTA Riders Union, expressed opposition to the November Ballot Measure. Mr. Bradley urged the Board Members to vote no on the ballot measure issues. Mr. Bradley noted that the community does not have faith in VTA as a transportation agency.

Les Levitt, Interested Citizen, expressed concern regarding the light rail ticket vending machines not being able to make change. Mr. Levitt noted signage stating exact change required to purchase a light rail ticket is not posted on the vending machines. Mr. Levitt expressed concern regarding the clock time displayed on the electronic message boards at the light rail stations are not consistent. Mr. Levitt noted that the information on the electronic message boards are not useful. Mr. Levitt noted that VTA should do a better job.

Board Member Chavez requested a written response from VTA Staff regarding the light rail ticket vending machines not being able to make change and the clock time displayed on the electronic message boards not being consistent.

45. CLOSED SESSION at 7:19 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: Gizarelli v. Santa Clara County Transit District (Santa Clara County Superior Court Lead Case No. CV763605)

3) Name of Case: Lopez v. Santa Clara Valley Transportation Authority (Santa Clara County Superior Court Case No. CV791223)

RECONVENE TO OPEN SESSION at 7:19 p.m.

46. 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)

There was no reportable action taken during Closed Session.

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

There was no reportable action taken during Closed Session.

3) Name of Case: Lopez v. Santa Clara Valley Transportation Authority (Santa Clara County Superior Court Case No. CV791223)

There was no reportable action taken during Closed Session.

47. ADJOURNED at 7:19 p.m.