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Board of Directors Meeting

November 07, 2002

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

Summary Minutes

1. CALLED TO ORDER at 6:12 p.m.

2. ROLL CALL

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

Members Absent: Beall (Ex-Officio), Chavez, Pirzynski, Yeager

Member Springer relinquished his seat at 6:13 p.m. to Member Lawson.

3. ORDERS OF THE DAY

Deferred to December 12, 2002, Board of Directors Regular Meeting Agenda Item #8, Authorize the General Manager to execute a contract with Viacom Outdoor Inc. to sell, display and manage the advertising program on VTA Bus and Light Rail vehicles for a one-year base term for calendar year 2003, and a one-year renewal option for calendar year 2004.

Deferred to December 12, 2002, Board of Directors Regular Meeting Agenda Item #11, Authorize the General Manager to amend the contract with Santa Clara Valley Highway Associates for Project Management and Monitoring services for VTP 2020 projects, increasing the approved contract by $5,225,000 for a new not to exceed total contract value of $12,480,000 and extend the term of the contract through December 31, 2005.

Accepted Orders of the Day.

4. AWARDS AND COMMENDATIONS

A. Employees of the Month

Presented awards to Donald Kimerer, River Oaks Administration and Robert Williams, Cerone Maintenance as VTA Employees of the Month for November 2002. Kirk Taylor, Chaboya Operations, was unable to attend.

CONSENT AGENDA

5. Approved the Minutes of the Regular Board of Directors’ Meeting of October 10, 2002.

6. Approved the Minutes of the Special Board of Directors’ Meeting of October 10, 2002.

ADMINISTRATION AND FINANCE COMMITTEE

7. Approved the appointment of George Doorley representing the County of Santa Clara to the Citizens Advisory Committee (CAC) with a term expiration of June 30, 2004.

8. (Deferred to the December 12, 2002, Board of Directors Regular Meeting)

Authorize the General Manager to execute a contract with Viacom Outdoor Inc. to sell, display and manage the advertising program on VTA Bus and Light Rail vehicles for a one-year base term for calendar year 2003, and a one-year renewal option for calendar year 2004.

9. Authorized the General Manager to extend the Rental Housing Assistance Pilot Program through December 2003, with a $750,000 limitation on loans outstanding.

10. Adopted Resolution No. 02.11.34 finding that projects related to station and intermodal access, mainline and right of way improvements, rolling stock acquisition and rehabilitation, operational facilities and equipment, electrification, and the express “baby bullet” project will provide a significant public benefit, and authorizing the Peninsula Corridor Joint Powers Board to issue additional Grant Anticipation Notes (GANS) in the amount of $231 million for a revised total of $453.5 million to fund these projects.

11. (Deferred to the December 12, 2002, Board of Directors Regular Meeting)

Authorize the General Manager to amend the contract with Santa Clara Valley Highway Associates for Project Management and Monitoring services for VTP 2020 projects, increasing the approved contract by $5,225,000 for a new not to exceed total contract value of $12,480,000 and extend the term of the contract through December 31, 2005.

12. Approved the Valley Transportation Authority (VTA) Equal Employment Opportunity/Affirmative Action Plan (EEO/AAP) for the period beginning January 1, 2003 through December 31, 2005 in accordance with federal and state civil rights regulatory requirements.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

13. Adopted the Community Design and Transportation (CDT) Program as VTA’s primary program for integrating transportation and land use; adopt the CDT Manual of Best Practices for Integrating Transportation and Land Use; approved the draft model policy language for local jurisdiction implementation; and, adopted VTA Implementing Resolution No. 02.11.35 incorporating the principles, practices and actions set forth in the program and the manual into VTA projects and programs.

TRANSIT PLANNING AND OPERATIONS COMMITTEE

14. Authorized the General Manager to execute a contract amendment with SBA Architects to increase the contract value in an amount not to exceed $700,000 for a new contract amount of $1,267,875 for final design and design support services during construction of the Guadalupe Platform Retrofit Project.

15. Authorized the General Manager to execute Agreements for Real Property Acquisition and Relocation Services as needed with the following firms: A.C. Louie, Associated Right of Way Services, Bill Silver Consultant, Briggs Field Services, Cord Associates, Cutler & Associates, Epic Land Solutions, Linda Norwood Consultant, O&I Incorporated, Overland Resources, Pacific Relocation Consultants, Paragon Partners and Universal Field Services. The Agreements will be for an initial three-year period with options for two additional years; the five-year total for all Agreements will not exceed $2,250,000.

16. Authorized the General Manager to execute consulting contracts for the coordination of utility conflicts and relocations for the Silicon Valley Rapid Transit (SVRT) Project with the following firms: SO-DEEP, Inc., TBE Group, Inc., SafeProbe, Inc., and BayState Subsurface Investigation, Inc. The Agreements will be for an initial three-year period with options for two additional years. The five-year total for all Agreements will not exceed $6,200,000.

17. Approved service changes and a fare increase for the Dumbarton Express Service (DB Express), effective December 1, 2002, as follows: 1) A 15% reduction in service; 2) An increase in the Santa Clara Valley Transportation Authority’s (VTA) Eco Pass Contribution from $1.00 to $1.50 each; and 3) Adopt the fare increases for the Dumbarton Bridge Service.

REGULAR AGENDA

TRANSIT PLANNING AND OPERATIONS COMMITTEE
CHAIRPERSON’S REPORT - Manuel Valerio

18. Adopted the Paratransit Service Business Practices Improvement Plan and approved Adopted Phase II with Eligibility Certification Program “Option D” of the Paratransit Service Business Practice Improvement Plan, which also includes modifications to the subscription service and no-show suspension policies, the appeals process premium fares, and requires new and current customers to fully participate in the certification process when their eligibility term expires, as amended, to modify the No-Show Suspension Policy to allow 3 no-shows per quarter rather than in any rolling 3-month period and to incorporate a shorter application form with a report back to the Board of Directors in 6-months.

Member La Poll relinquished his seat at 6:20 p.m. to Member Nadler.

Suggested that the No-Show Suspension Policy be modified to 3 no-shows per quarter rather than in any rolling 3-month period.

Upon query regarding the financial benefit of the proposed increase for open-return trips to VTA if any, and the possibility of prioritizing open-return trips for medical reasons only, staff responded that the Federal Transportation Association (FTA) Guidelines prohibits prioritization of open-return trips.

Barbara Rhodes, Member of Committee for Transit Accessibility, expressed support for Option C, which would automatically confer eligibility to current customers.

Terry Applegate, Occupational Therapist of Silicon Valley Independent Living Center, expressed concern relative to the proposed eligibility certification process, the qualifications of the proposed eligibility certification team and, the length of the certification application.

Oliver F. Kraemer noted his dependence on public transit and expressed concern regarding investigation into causes of accidents.

Lupe Medrano, DeAnza College, expressed concern regarding the financial impact of the fare increases on the elderly and disabled.

Eugene Bradley, Santa Clara VTA Riders Union, expressed concern regarding the financial impact of fare increases on the elderly and disabled.

Micki Falk, Chair of the Santa Clara County Council on Aging, recommended closely monitored usage of subscription trip service, urged that clients requiring open-return rides not be denied and, suggested shortening the eligibility application form.

Boo Strauss Bullis, Palo Alto Representative of the Advisory Council on Aging, suggested a shortened application form for recertification.

Upon query regarding a simplified recertification form, staff responded that staff will consider a simplified form.

Directed staff to look at shortening the application and requested more training for bus and light rail operators.

Inquired about the appeals and complaint process and requested a report back to the Board of Directors on its progress in 6 months.

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

19. Adopted Resolution No. 02.11.36 adjusting the fare structure for Paratransit services effective January 1, 2003; and, Invoke a Statutory Exemption under CEQA, Pursuant to P.R.C., 21080 (b)(8) and CEQA Guidelines Section 15273 (a) (Rates, Tolls, Fares and Charges) for the purpose of modifying and increasing fares.

Barbara Rhodes, Member of Committee for Transit Accessibility, expressed concern regarding the cost increase for the same day service.

Terry Applegate, Occupational Therapist of Silicon Valley Independent Living Center, expressed opposition regarding the increases to Paratransit Service premium fares. Ms. Applegate noted recommendations to increase revenue.

Eugene Bradley, Santa Clara VTA Riders Union, expressed concern regarding the cost increases to Paratransit Services and VTA’s non-response to questions regarding the cost increases.

Shira Leeder, Interested Citizen, expressed concern regarding the cost increases to Paratransit Services.

20. Authorized the General Manager to amend the VTA FY 2003 Capital Budget to add the VTP 2020 projects in the amount of $79.05 million and, to execute cooperative agreements with the cities of San Jose, Santa Clara and Sunnyvale and the California Department of Transportation (Caltrans) necessary to implement the projects.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE
CHAIRPERSON’S REPORT – Blanca Alvarado

There were no items submitted for the Regular Agenda by the Congestion Management Program and Planning Committee.

OTHER ITEMS

21. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no Items of Concern and Referral to Administration.

22. LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

23. REPORTS FROM ADVISORY COMMITTEES

A. Committee for Transit Accessibility (CTA)

Accepted as contained in the Agenda Packet.

B. Citizens Advisory Committee (CAC)

Accepted as contained in the Agenda Packet.

C. Bicycle & Pedestrian Advisory Committee (BPAC)

Accepted as contained in the Agenda Packet.

D. Technical Advisory Committee (TAC)

Accepted as contained in the Agenda Packet.

E. Policy Advisory Committee (PAC)

Accepted as contained in the Agenda Packet.

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

A. Peninsula Corridor JPB

Heard a report that the Peninsula Corridor JPB, at its meeting of Thursday, October 31, 2002: 1) Approved the JPB meeting calendar for 2003; 2) Awarded a contract for the purchase and installation of visual messaging signs to the Vellutini Corporation; 3) Received and discussed the quarterly status reports on electrification and the Caltrain capital program; and 4) Awarded a special resolution to the South Bay Historical Railroad Society for being the second oldest operating train station west of the Mississippi.

B. Capitol Corridor JPB

Heard a report that the Capitol Corridor Joint Powers Board (CCJPB), at its meeting of Wednesday, October 16, 2002: 1) Authorized the Executive Director to execute the necessary agreements with the State for the allocation of $1.4 million to the Capitol Corridor Oakland to San Jose Track Improvement Project; 2) Authorized the Executive Director to provide staff support and $75,000 in financial assistance for the study of the proposed extension of Capitol Corridor intercity train service to Reno, Nevada; 3) Adopted principles for the development and amendment of legislation and agreements relating to the future governance of the Capitol Corridor Joint Powers Authority; and 4) Authorized the Executive Director to submit letters of support as needed related to Congressional appropriation of funds for Amtrak.

C. Altamont Commuter Express (ACE) JPB

Heard a report that the ACE JPB, at its meeting of Monday, October 21, 2002: 1) Approved the Goal and Strategic Directions for the ACE 10-Year Short Range Transit Plan and approved circulation of the Draft Plan for comments; 2) Approved a schedule change to replace the train departing San Jose at 6:45 p.m. with a train departing at 3:15 p.m., effective January 2003; 3) Approved advertising and marketing of the schedule change in an amount not to exceed $10,000; and 4) Approved the award of a contract for the supply and delivery of diesel fuel to C.L. Bryant, Incorporated.

D. Metropolitan Transportation Commission (MTC)

Heard a report that prior to the Wednesday, October 23, 2002 Metropolitan Commission Meeting, the Commission held it’s 25th MTC Transportation Awards Ceremony, “Excellence in Motion”, which recognizes individuals and organizations that have made significant contributions to transportation in the Bay Area. The Grand Award was presented to Michael T. Burns, Executive Director, San Francisco Municipal Transportation Agency; the Legislative Award was presented to State Senator Tom Torlakson; the Greta Eriksson’s Distinguished Service Award was presented to Norman Townsend, retired VTA Customer Service Representative, who worked to make a difference in the community, to provide equal opportunity for all individuals with disabilities, and to make public transportation a way of life for all people with disabilities. At its meeting of Wednesday, October 23, 2002 the Commission: 1) Welcomed new commissioner Shelia Young, Mayor of the City of San Leandro, who replaces Ralph Appezzato who passed away a month ago. Ms. Young will represent the Cities of Alameda County; 2) Allocated $2,300,000 in FY 2002-03 Transportation Development Act (TDA) Article 3 funds to the cities in Santa Clara County for 30 bicycle and pedestrian projects; 3) Adopted guidelines for implementing community-based plans in accordance with the Lifeline Transportation Report and Environmental Justice Analysis for the 2001 Regional Transportation Plan (RTP). Under the auspices of the CMA, a collaborative planning process will be established in each county to ensure the participation of local transit operators as well as residents and community-based organizations providing services within low-income neighborhoods; 4) Adopted an Interim Policy for FY 2002-03 Transit Capital Priorities Programming. The Transit Capital Priorities Process and Criteria is the policy used to guide programming of the FTA Section 5307 and 5309 Fixed Guideway Funds. The 2000 census redefined the urbanized area boundaries, which change how these funds come into the region beginning in the FY 2002-03. This interim policy will address the particular issues pertaining to this transitional year; and 5) Adopted the FY 2003 Interim Transportation Improvement Program (TIP). The federally required TIP is a comprehensive listing of all Bay Area Transportation Projects that receive federal funds or that are subject to a federally required action or are regionally significant. The 2003 TIP was scheduled for adoption by MTC in July, but due to an order issued by the U.S. Court of Appeals for the Ninth Circuit staying EPA’s approval of the mobile emissions budget, MTC was not able to approve the 2003 TIP as scheduled. Therefore, the Commission adopted the FY 2003 Interim Transportation Improvement Program (TIP) which is made up of only projects that are exempt from air quality conformity and those projects that substantially support the implementation of transportation control measures (TCMs); and 6) Supported the Transportation Equity Act (TEA 21) Reauthorization funding strategy to bring discretionary New Starts and Bus funding to the Bay Area.

25. 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 at the Silicon Valley Rapid Transit Corridor PAB meeting of Wednesday, October 30, 2002, VTA staff presented a status report on the project since the last PAB meeting in May 2002. An update was provided on the environmental process, conceptual design, public outreach and involvement, BART coordination efforts and the Federal Transit Administration’s New Starts process. VTA also presented concept plans and the decision-making process for the BART Extension Stations.

D. Caltrain PAB

There was no report on the Caltrain PAB.

The Agenda was taken out of order.

F. Highway PAB - South

Heard a report that at the South County PAB held it’s first meeting today, Thursday, November 7, 2002 at Morgan Hill City Hall. The PAB Members are the following: 1) Pat Dando, VTA; 2) Don Gage, Santa Clara County; 3) Dennis Kennedy, City of Morgan Hill; 4) Tom Springer, City of Gilroy; and 5) Forrest Williams, City of San Jose. Ted Brown, County Roads Commission, will serve as a liaison between the PAB and the Comprehensive County Expressway Planning Study Policy Advisory Board. The Committee took the following actions at the meeting: 1) Elected Don Gage as Chairperson and Forrest Williams as Vice Chairperson; 2) Set a regular quarterly meeting date of the first Thursday of every third month with the next meeting scheduled for March 6, 2003 in Morgan Hill;3) Accepted the County Expressway Study’s Draft South County Working Paper with comments made at the meeting; 4) Received an update on the VTA Southern Gateway Study and discussed the progress on: a) Transportation Needs Assessment; b) Land Use Policy Issues; and c) Conceptual Alternatives; and 5) Received an update on the SR 152/SR 156 Interchange Project.

E. Downtown/East Valley PAB

Heard a report that at the Downtown East Valley PAB meeting on Wednesday, October 23, 2002, VTA staff presented a status report and an update on the Capitol Expressway LRT Project Description, which included several design refinements. Staff also presented an update on the stakeholders’ strategy for the Santa Clara/Alum Rock Corridor. PAB Members commented on the stakeholder strategy and schedule; revisions of the strategy and work plan are underway. The next Downtown East Valley PAB meeting will be a Joint PAB Workshop with the Comprehensive County Expressway Planning Study PAB on Thursday, November 14, 2002, from 3:00 p.m. - 4:30 pm in Room 204 of San Jose City Hall. The next monthly meeting of the DTEV PAB will take place on Wednesday, December 4, 2002, from 3:00 p.m. - 4:30 pm in Room 204 of San Jose City Hall.

26. REPORT FROM THE NOMINATING COMMITTEE

Accepted the Nominating Committee Report recommending the following slate of officers for the 2003 Board of Directors: Chairperson, Jane P. Kennedy and Vice Chairperson, Don Gage, for a term of January 1, 2003 through December 31, 2003.

27. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON

Elected for the 2003 Board of Directors: Chairperson, Jane P. Kennedy and Vice Chairperson, Don Gage, for a term of January 1, 2003 through December 31, 2003.

28. REPORT FROM THE CHAIRPERSON

Adopted the Year 2003 Board of Directors Meeting Calendar Schedule.

Noted that Measure A and B passed overwhelmingly. Thanked VTA Staff Members and Board of Directors for their support regarding these measures.


29. REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.

30. ANNOUNCEMENTS

Board Member Nadler announced last Board of Directors Meeting since leaving office as the Mayor of Santa Clara on December 6, 2002. Thanked all for their support and assistance.

31. PUBLIC PRESENTATIONS

James Wightman, Interested Citizen, suggested that passengers who receive violation tickets in the mail should also receive notification regarding the retro fit platforms for low floor vehicles.

Barbara Rhodes, Member of Committee for Transit Accessibility, expressed concern regarding retrofitting of 3 platforms, Santa Clara, Saint James and San Antonio. Ms. Rhodes noted that the design is dangerous and expressed concern regarding the usage of the off white color truncated domes instead of the yellow color truncated domes.

Chairperson Gonzales left his seat at 7:39 p.m. and Vice Chairperson Kennedy continued on with the meeting.

Eugene Bradley, Santa Clara VTA Riders Union, expressed concern regarding further service reductions and fare increases.

Chairperson Gonzales took his seat at 7:40 p.m.

Michael Ludwig, Interested Citizen, expressed concern regarding an incident, which occurred on July 20, 2002. Mr. Ludwig noted that VTA has not responded to his letter and requested a response to the letter.

Bruce Stevens, VTA employee, expressed concern regarding a response to his letter dated May 9, 2002, which was sent to General Manager Peter M. Cipolla.

Robert Carvalho, Interested Citizen, expressed concern regarding financial stability, funding resources and fare increases.

32. CLOSED SESSION at 7:48 p.m.

Member Gage left the meeting at 7:50 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 VTA
(Santa Clara County Superior Court Lead Case No. CV785402, Consolidated Cases)

2) Name of Case: Pablo Lara vs. Santa Clara County VTA (Santa Clara County Superior Court Case No. CV806173)

B. Conference with Real Property Negotiator
[Government Code 54956.8]

Purchase an operating corridor, a portion of the Old Western Pacific/Milpitas Subdivision between Fremont and San Jose.

Negotiator for VTA: Scott Buhrer, Chief Financial Officer
Negotiator for Union Pacific Railroad: Robert Starzell, Senior Representative of the Chairman

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

Title: General Manager
Title: General Counsel

RECONVENE TO OPEN SESSION at 7:52 p.m.

33. 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 VTA
(Santa Clara County Superior Court Lead Case No. CV785402, Consolidated Cases)

There was no reportable action taken during Closed Session.

2) Name of Case: Pablo Lara vs. Santa Clara County VTA (Santa Clara County Superior Court Case No. CV806173)

There was no reportable action taken during Closed Session.

B. Conference with Real Property Negotiator
[Government Code 54956.8]

Purchase an operating corridor, a portion of the Old Western Pacific/Milpitas Subdivision between Fremont and San Jose.

Negotiator for VTA: Scott Buhrer, Chief Financial Officer
Negotiator for Union Pacific Railroad: Robert Starzell, Senior Representative of the Chairman

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.

34. Re-authorized the General Manager to take all steps necessary to purchase an operating railroad corridor, currently owned by the Union Pacific Railroad (UP) known as the Old Western Pacific/Milpitas Subdivision for $80,000,000 plus ancillary costs and adopted a Resolution No. 02.11.37 regarding the UP Purchase and environmental clean-up noting that VTA will not seek state funds for the clean-up.

35. ADJOURNED at 7:55 p.m.