Skip to Main Content Skip to Side Navigation Skip to Top Navigation

Board of Directors Meeting

September 05, 2002

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

Summary Minutes

1. CALLED TO ORDER at 6:02 p.m.

2. ROLL CALL

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

Members Absent: Alvarado, Beall (Ex-Officio), Chavez

3. ORDERS OF THE DAY

Accepted Orders of the Day.

Member Lawson took his seat at 6:05 p.m.

4. AWARDS AND COMMENDATIONS

A. Employees of the Month

Presented awards to Jesse Delacerda, Cerone Maintenance; Nancy Gaudette, Chaboya Operations and Eugene Craig, Cerone Administration, as VTA Employee of the Month for September 2002 and Dennis Harris as Supervisor of the Quarter.

B. Employer Support of the Guard and Reserve (ESGR) Awards

Received Employer Support of the Guard and Reserve awards for Members of the VTA Board of Directors.

CONSENT AGENDA

Removed Agenda Item #20. and placed on Regular Agenda, Authorize the General Manager to execute a lease agreement extension with Toyota Motor Credit Corporation in the amount of $144,000 for the lease of twenty electric vehicles. The effective term of the lease extension will be one year, with a lessee option to extend the lease one additional year.

5. Approved the Minutes of the Santa Clara Valley Transportation Authority Board of Directors/San Francisco Bay Area Rapid Transit District Board of Directors Meeting of June 28, 2002.

6. Received and filed the Meeting Record of the Santa Clara Valley Transportation Authority Board of Directors’ Committee of the Whole Meeting (in lieu of Administration and Finance Committee Meeting) of July 18, 2002.

7. Approved the Minutes of the Regular Board of Directors’ Meeting of August 1, 2002.

8. Approved the Minutes of the Board of Directors’ Workshop Meeting of August 2, 2002.

ADMINISTRATION AND FINANCE COMMITTEE

9. Approved the re-appointments to the Citizens Advisory Committee (CAC).

10. Approved the appointments and the re-appointment to the Bicycle & Pedestrian Advisory Committee (BPAC).

11. Approved the appointments of Les Catanese and Barbara Stahl to fill existing vacancies on the Committee for Transit Accessibility (CTA) in the Individuals with Disabilities category and Michelle HammCiric, to fill an existing vacancy in the Human Services category.

12. Approved the appointments of Linda Gallo, representing the Los Gatos Senior Center; LeNae Liebetrau, representing the California Department of Rehabilitation and Randy Tamez, representing the Alliance for Community Care to fill existing vacancies on the Committee for Transit Accessibility in the Human Services category.

13. Approved amending the Citizens Advisory Committee bylaws to provide that half of the member terms commence in even-numbered years and the remaining half in odd-numbered years, as specified.

14. 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 – Route 85/101 (N) Interchange Project.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

15. Approved Programming of $1 million in Local Program Reserve funds to the County Expressway Study and authorize the General Manager to execute a Cooperative Funding Agreement with the County of Santa Clara for the Expressway Study Funds.

16. Approved Programming of $2.5 million in 2002 State Transportation Improvement Program funds for environmental and design phases of the Route 152/156 Interchange Project.

TRANSIT PLANNING AND OPERATIONS COMMITTEE

17. Authorized the General Manager to execute a three-year lease with Air Products and Chemicals, Inc., for a cost not to exceed $637,593 to furnish and install equipment at the Cerone Operating Division for the storage of cryogenic hydrogen fuel, and execute a three-year fuel supply contract for a cost not to exceed $380,700 to furnish hydrogen fuel. Further, authorize the General Manager to execute two additional one-year equipment lease options at a cost of $152,633 per year for a total five-year lease value not to exceed $942,859, and for two additional one-year fuel supply contract options at a cost of $152,280 per year for a total five-year fuel supply contract value not to exceed $685,260. If all options are exercised, the total value of the five-year lease and fuel supply contract with Air Products and Chemicals would be $1,628,119.

18. Authorized the General Manager to execute an amendment to the current Agreement with Orbital Sciences Corporation (Orbital) for the Advanced Communications Systems (ACS) to provide ACS equipment for the Kinkisharyo low-floor light rail vehicles for an amount not to exceed $1,500,000, increasing the overall agreement amount to $17,244,402.

19. Authorized the General Manager to execute a contract with Burr Plumbing & Pumping, Inc., the lowest responsive and responsible bidder, for electrical systems service maintenance and repair of VTA structures and facilities. The term of the contract is for three years with two one-year options at a cost of $328,460 for each of the first two years, and $343,760 for the third year. Option years four and five are at a cost of $343,760, and $359,060 respectively. The total amount of the contract will not exceed $1,703,500 for the five-year period.

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

Authorize the General Manager to execute a lease agreement extension with Toyota Motor Credit Corporation in the amount of $144,000 for the lease of twenty electric vehicles. The effective term of the lease extension will be one year, with a lessee option to extend the lease one additional year.

21. Authorized the General Manager to execute a contract with Robert A. Bothman, Inc., the lowest responsible bidder for construction of the Capitol Light Rail Project Stations in the amount of $4,671,482.

22. Authorized the General Manager to amend the contract with R&L Brosamer, Inc., to accommodate changes due to survey errors on the Capitol Light Rail Project –Civil, Track, Signaling and Landscaping contract in an amount of $2,100,000 for a new authorized amount of $44,909,322.

23. Authorized the General Manager to execute a contract with the joint venture of R & L Brosamer/Stacy and Witbeck, Inc., the lowest responsible bidder, in the amount of $9,165,568 for civil and track construction from the Caltrain Tamien Station to the Lick control point (approximately 2.7 miles). This contract is 100% funded by the California State Traffic Congestion Relief Program.

REGULAR AGENDA

The Agenda was taken out of order.

20. Authorized the General Manager to execute a lease agreement extension with Toyota Motor Credit Corporation in the amount of $144,000 for the lease of twenty electric vehicles. The effective term of the lease extension will be one year, with a lessee option to extend the lease one additional year.

Eugene Bradley, Santa Clara VTA Riders Union suggested that a lower price per month is available if VTA staff investigates Toyota dealers in the area.

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

24. Authorized the General Manager to execute Task Order contracts for Municipal Finance legal services with one or more firms, for a period of three years with options to extend each contract for up to two additional one-year periods in an aggregate amount as budgeted for each year for all agreements.

Member La Poll took his seat at 6:22 p.m.

25. Authorized the General Manager to execute a Transportation Development Act (TDA) Revenue Pledge and Assignment Agreement with the San Francisco Bay Area Rapid Transit District (BART) relating to the BART Extension from Warm Springs in Fremont to Downtown San Jose/Santa Clara (SVRT Project).

Mr. Bradley expressed concern that stable funding has not been found for the transit system. Mr. Bradley stated that funding for Bart Measure A did not include the fact that liens would be put upon various bus and light rail service throughout the County. Mr. Bradley suggested that VTA and Bart renegotiate the Agreement regarding operating expenses.

Staff noted that a workshop would be held in October 2002 to discuss the comprehensive plan that funds the VTP 2020 Expenditure Plan.

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

26. Authorized the General Manager to execute all necessary documents to sell approximately five acres on Evans Lane in the City of San Jose to the City of San Jose Housing Department (DOH) for the development of an affordable housing project.

Expressed approval of the sale of land on Evans Lane in the City of San Jose to the City of San Jose Housing Department for the development of an affordable housing project.

27. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no Items of Concern and Referral to Administration.

28. LEGISLATIVE REPORT

Accepted as contained in the agenda packet.

29. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the agenda packet.

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

A. Peninsula Corridor JPB

Heard a report: that the Peninsula Corridor JPB, at its Meeting of September 5, 2002, adopted the JPB’s Annual Investment Policy; awarded a contract for creative advertising and graphics services to Lenat and Partners; authorized the Executive Director to grant easements for the relocation of utilities as necessary to facilitate capital projects; received the Quarterly Capital Program Status Report, the CTX North Construction Project Status Report and the Electrification Status Report and the Performance Report for July 2002, which shows a 14.4 percent decrease in average weekday ridership when compared to July 2001 and authorized the Executive Director to pay SamTrans and VTA an amount not to exceed $6.9 million for the operation of the weekend bus bridge service during the Caltrain Express construction project.

B. Capitol Corridor JPB

Heard a report: that the Capitol Corridor Joint Powers Board (CCJPB), at its August 21, 2002 Meeting, adopted the 2002-03 Capital Corridor Joint Powers Authority Budget of $26 million; authorized the CCJPB Chair to execute the Fiscal Year 2002-03 Amtrak Operating Agreement for operation of Capitol Corridor train and feeder bus service and authorized the Executive Director to enter into an agreement with Glass McClure Advertising for marketing and advertising services.

C. Altamont Commuter Express (ACE) JPB

There was no report on the Altamont Commuter Express JPB.

D. Metropolitan Transportation Commission (MTC)

There was no report on the Metropolitan Transportation Commission.

31. 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

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

F. Highway PAB – South

There was no report on the Highway PAB - South.

32. REPORT FROM THE CHAIRPERSON

There was no Chairperson’s Report.

33. REPORT FROM THE GENERAL MANAGER

There was no General Manager’s Report.

34. ANNOUNCEMENTS

There were no Announcements.

35. PUBLIC PRESENTATIONS

Bob Blanchet, Business Agent Teamsters Local 287, expressed concern regarding comments made by staff that all Laidlaw employees wishing to be hired as drivers have been granted interviews and given applications.

Paul Long, Teamsters Local 287, expressed concern for the quality of service provided to elderly and disabled residents.

Terry Applegate, Silicon Valley Independent Living Center, expressed the willingness of the Community United to Save Paratransit to work with the Board of Directors and VTA.

Jeanne Scott, M.D., expressed concern regarding the eligibility process.

Gary Steinke, M.D., expressed concern regarding service cuts in paratransit services and increased fees.

Rick Trujillo, Interested Citizen, endorsed the Teamsters’ efforts to organize drivers.

Maxine Eldridge, De Anza College, expressed concern regarding the safety and independence of persons using paratransit services.

Randy Tamez, Interested Citizen, expressed concern regarding next year’s budget and the expected growth in paratransit services of 18 percent.

David Julian, Committee for Transit Accessibility Member, expressed concern for the need for more public input regarding transit accessibility.

Shirley Parrish, Laidlaw Driver, queried why employment applications have not been made available to former Laidlaw drivers.

Fernanda Castelo, Interested Citizen, expressed concern regarding the consultant’s report and its effects on elderly and disabled citizens.

Elissa Young, Lenzen Gardens, expressed concern regarding increased fares in paratransit services.

Lupe Medrano, De Anza College, expressed concern regarding the safety and independence of persons using paratransit services.

Shira Leeder, Interested Citizen, expressed concern regarding increases in fees for paratransit services.

Kathy Bonilla, De Anza College Disabled Club, queried why the United States is permitting an English-based company to try to monopolize our transportation system.

Teresa Hernandez, MSW, Health Connections, expressed concern regarding cuts in paratransit services.

Lucy Russell, Teamsters Local 287, stated that she was denied an application for employment at ATC/Vancom.

Bruce M. Stevens, ATU, provided a signed petition requesting that armed security officers be made eligible for nomination as employees of the month at VTA.

James Wightman, Interested Citizen, expressed concern regarding the safety of passengers on light rail.

Louie Bettencourt, Teamsters Local 287, appealed to the Board of Directors to put together unemployed Laidlaw drivers with jobs.

Sheri Burns, Silicon Valley Independent Living Center, commended VTA and the Board of Directors for historically setting the bar far above the minimum standards for access in transportation.

Jerry Grace, Interested Citizen, requested that the Board of Directors and the public help stop the violence to children.

36. CLOSED SESSION at 7:11 p.m.

Members Yeager and Pirzynski left the Meeting at 7:11 p.m.
Member McHugh left the Meeting at 7:13 p.m.
Member Gage left the Meeting at 7:17 p.m.

A. 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)

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

Name of Case: Santa Clara Valley Transportation Authority v. Green Valley Corporation, et al (Santa Clara County Superior Court Case No. CV799272).

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

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

VTA Designated Representative:
Kaye L. Evleth, Chief Administrative Officer

C. Public Employee Performance Evaluation
[Government Code Section 54957]

Title: General Manager
Title: General Counsel
RECONVENED TO OPEN SESSION at 7:21 p.m.

37. CLOSED SESSION REPORT

A. 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.

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

Name of Case: Santa Clara Valley Transportation Authority v. Green Valley Corporation, et al (Santa Clara County Superior Court Case No. CV799272).

There was no reportable action taken during Closed Session.

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

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

VTA Designated Representative:
Kaye L. Evleth, Chief Administrative Officer

There was no reportable action taken during Closed Session.

C. Public Employee Performance Evaluation
[Government Code Section 54957]

Title: General Manager
Title: General Counsel

There was no reportable action taken during Closed Session.

38. ADJOURNED at 7:24 p.m.