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Board of Directors Meeting

January 09, 2003

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

Summary Minutes

1. CALLED TO ORDER at 6:08 p.m.

The Agenda was taken out of order.

3. ROLL CALL

Members Present: Alvarado, Chavez, Cortese, Dando, Gage, Gonzales, Kennedy, McLemore, Mossar, Springer, Valerio, Williams

Members Absent: Beall (Ex-Officio), La Poll, McHugh, Pirzynski, Yeager

Board Members Cortese and Dando took their seats at 6:10 p.m.

2. Administered Oath of Office to newly appointed Board Member Patricia Dixon, Milpitas Vice-Mayor, representing Group 4. Board Member Dixon will serve as an Alternate for the Year 2003 and as a Regular Member from 2004 through 2005.

4. ORDERS OF THE DAY

Stated that there would be no Closed Session.

Accepted Orders of the Day.

5. COMMENTS FROM CHAIRPERSON JANE KENNEDY

Heard comments from newly elected Chairperson Kennedy regarding the serious financial challenges facing VTA. Chairperson Kennedy stressed the need of the Board of Directors to work together to continue VTA’s mission of providing our community with the transportation network that is needed and deserved. Chairperson Kennedy noted that VTA will deliver the bulk of the 1996 Measures A and B Projects on time and at or under budget; and she looks forward to the year ahead to ensure that the community has a transportation system that continues to grow and meets the needs of the community.

A. Approved Board Standing Committees Appointments. Interim Board Member John McLemore has been appointed to the Congestion Management Program and Planning Committee. The City of Santa Clara will make a permanent appointment to the Board of Directors later this month, and the permanent appointee will retain that seat on the Congestion Management Program and Planning Committee.

B. Approved Appointment to the Altamont Commuter Express (ACE) Joint Powers Board. Alternate Board Member Francis LaPoll has been appointed to serve on the Altamont Commuter Express Joint Powers Board representing VTA.

6. AWARDS AND COMMENDATIONS

A. Employees of the Month

Presented awards to Chaoyong Li, North Operations; Sue Niemiste, River Oaks Administration; and Jesse Machado, Cerone Maintenance as Employees of the Month for January 2003.

B. Employee Recognition

Adopted Resolutions of Commendation Numbers 03.01.01 and 03.01.02 for VTA employees Catherine Hendrix and Virginia Bautista for their extraordinary efforts on behalf of VTA.

C. Recognized former Board Member Judy Nadler.

D. Deferred recognition of former Board Member Jim Lawson.

E. Recognized 2002 Board Chairperson Ron Gonzales.

Recognized California Transportation Commission (CTC) Chairperson Diane McKenna in her absence and acknowledged her contributions toward helping VTA projects progress.

Board Member Mossar took her seat at 6:20 p.m.

CONSENT AGENDA

Removed Agenda Item #13. and placed on Regular Agenda, Authorize the General Manager to execute the documents necessary to enter into a new Lease Agreement with Diamond Parking, Inc., for use of the parking lot at the northwest corner of North First and St. James Streets in downtown San Jose. This Agreement would be for two years, with a review after that time to renegotiate the lease for a possible extension of up to two years. This lease will generate $32,400 per year in revenue to VTA.

Removed Agenda Item #15. and placed on Regular Agenda, Authorize the General Manager to execute a cooperative agreement with the City of San Jose, FMC Corporation, Arcadia Development Company and S.I. IV, LLC that specifies the property donation and street improvement responsibilities necessary for construction of the I-880/Coleman Avenue Interchange project.

7. Approved the Minutes of the Regular Board of Directors’ Meeting of
December 12, 2002.

ADMINISTRATION AND FINANCE COMMITTEE

8. Received and filed the 2002 Year-End Attendance Report.

9. Approved the 2003 State Legislative Program for the Santa Clara Valley Transportation Authority (VTA).

10. Approved the 2003 Federal Legislative Program for the Santa Clara Valley Transportation Authority (VTA).

11. Adopted Resolution No. 03.01.03 amending the list of officers from whom the General Manager may designate a General Manager Pro Tempore.

12. Authorized the General Manager to submit Federal Fiscal Year (FFY) 2003 grant applications and execute grant agreements with the Federal Transit Administration (FTA) for the Section 5307 Urbanized Area Formula Program; Section 5309 Fixed Guideway/New Rail Starts/Bus and Bus Facilities Programs; and Section 3037 Job Access and Reverse Commute Program.

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

Authorize the General Manager to execute the documents necessary to enter into a new Lease Agreement with Diamond Parking, Inc., for use of the parking lot at the northwest corner of North First and St. James Streets in downtown
San Jose. This Agreement would be for two years, with a review after that time to renegotiate the lease for a possible extension of up to two years. This lease will generate $32,400 per year in revenue to VTA.

14. Authorized the General Manager to execute a contract with Mark Thomas & Co. for environmental analysis and final design services of the River Oaks Bicycle and Pedestrian Bridge, for an amount not to exceed $450,000.

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

Authorize the General Manager to execute a cooperative agreement with the City of San Jose, FMC Corporation, Arcadia Development Company and S.I. IV, LLC that specifies the property donation and street improvement responsibilities necessary for construction of the I-880/Coleman Avenue Interchange project.

16. Authorized the General Manager to execute a contract with Rajappan & Meyer, Consulting Engineers, Inc. for environmental analysis and final design services on the Route 101/Hellyer Avenue and Route 101/Blossom Hill Road interchanges for an amount not to exceed $2,500,000.

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

17. Approved artists Jean Whitesavage and Nick Lyle’s colors for their station railing design, artist Deborah Mersky’s design for a shelter canopy glass project, and artist Victor Zaballa’s design for station paving projects for the Tasman East and Capitol Light Rail Projects.

18. Authorized the General Manager to execute a no-cost license agreement for Peninsula Corridor Joint Powers Board (JPB) use of parking facilities located on VTA property at the southeast corner of Benton Street and Railroad Avenue in the City of Santa Clara.

REGULAR AGENDA

13. Authorized the General Manager to execute the documents necessary to enter into a new Lease Agreement with Diamond Parking, Inc., for use of the parking lot at the northwest corner of North First and St. James Streets in downtown
San Jose. This Agreement would be for two years, with a review after that time to renegotiate the lease for a possible extension of up to two years. This lease will generate $32,400 per year in revenue to VTA.

Queried whether this piece of land has been looked at for possible sale.

15. Authorized the General Manager to execute a cooperative agreement with the City of San Jose, FMC Corporation, Arcadia Development Company and S.I. IV, LLC that specifies the property donation and street improvement responsibilities necessary for construction of the I-880/Coleman Avenue Interchange project.

Queried who the lead contact will be to work with the businesses.

Requested an update on how VTA is working with small business regarding access.

Queried whether Community Oriented Design Enhancements (CODE) is used for all transportation projects.

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON’S REPORT – Forrest Williams

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

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.

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

19. Authorized the General Manager to execute a contract with O. C. Jones & Sons, Inc., the lowest responsible bidder, in the amount of $740,168 for the construction of the Santa Clara Transit Center and Parking Expansion. This project is funded 70 percent by the 1996 Measure B Transportation Service Improvement Program and 30 percent by VTA.

Staff noted that concerns were raised regarding the Santa Clara bids. Bids came in considerably below VTA’s engineer’s estimate by approximately 40 percent. The Transit Planning and Operations Committee raised the issue of the good-faith effort that was well below the goal of 15 percent for this Contract.

Board Member Alvarado took her seat at 6:30 p.m.

Staff provided a brief report regarding the criteria to be met by potential bidders including the Good-Faith Efforts Review.

Suggested segregating the data by in-county contractors and out-of-county contractors.

Requested information regarding whether the six local organizations assisted the contractors in any way.

Queried whether there is any legal basis for not awarding the contract based on this low performance regarding the Disadvantaged Business Enterprise (DBE) issue.

Requested advance notification from staff of trends in construction contracts.

Requested information regarding reallocation of cost savings.

20. Authorized the General Manager to reduce the construction workscope and close out the contract with Dennis J. Amoroso Construction Co., Inc., for the North Division Reconstruction Project. This contract is 80 percent grant funded.

Queried how to be sure that this does not happen in the future.

Queried whether checkpoints will be in place to ensure that specifications are addressed.

Presented Diane McKenna, California Transportation Commission Chairperson, with a small token of appreciation.

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. REPORT FROM AD-HOC FINANCIAL STABILITY COMMITTEE

Heard a report that the Ad-Hoc Financial Stability Committee, at its initial meeting on January 7, 2003: 1) elected Director Don Gage Chairperson and Director David Cortese Vice Chairperson; 2) the Committee will meet weekly; 3) received input from stakeholders; 4) reviewed options to achieve long-term financial stability; 5) future meetings will be held at the Sheriff’s Auditorium with the exception of a couple of meetings which will be held at San Jose City Hall in order to get participation from the public; 6) the Committee requests staff to respond to a letter regarding Union issues which provided details of the financial picture at VTA; 7) the Committee requested an outside auditor or advisor to assist with the process; 8) the goal of the Committee is to be able to make recommendations to the full Board by the first of April; and 9) the next meeting of the Committee will be held on January 15, 2003, at 9:00 a.m. at San Jose City Hall in Room 106.

Cynthia Horvath, interested citizen, suggested the use of bus transfers with time limits and special weekly day card passes for visitors to be used for one month for a special low fare, and further suggested that a lower fare will attract additional riders.

Robert Carvalho, Interested Citizen, suggested evening as well as morning meetings in order to receive input from the public and queried whether information regarding meeting schedules will be available on VTA’s website.

24. REPORTS FROM ADVISORY COMMITTEES

A. Committee for Transit Accessibility (CTA)

There was no report from the CTA.

B. Citizens Advisory Committee (CAC)

There was no report from the CAC.

C. Bicycle & Pedestrian Advisory Committee (BPAC)

There was no report from the BPAC.

D. Technical Advisory Committee (TAC)

There was no report from the TAC.

E. Policy Advisory Committee (PAC)

There was no report from the PAC.

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

A. Peninsula Corridor JPB

Heard a report that the Peninsula Corridor JPB, at its meeting on January 9, 2003: 1) elected VTA Director John McLemore as JPB Chair and San Francisco representative Marie Ayerdi as Vice Chair for 2003 and 2) approved the Santa Clara Project.

B. Capitol Corridor JPB

Heard a report that the Capitol Corridor JPB, at its meeting on December 18, 2002: 1) endorsed in concept the Bay Area Bridge Toll Expenditure Plan; 2) adopted the Fiscal Year 2001-2002 Capitol Corridor Annual Performance Report; 3) authorized staff to participate with City CarShare in cross-promotional activities at selected Capitol Corridor stations; 4) authorized staff to support and participate in train horn abatement programs; and 5) received a report on the January 6, 2003 train schedule change, which includes providing an earlier weekday train arrival in San Jose.

Altamont Commuter Express (ACE) JPB

Heard a report that the Altamont Commuter Express JPB, at its meeting on December 16, 2002: 1) approved the 2003 Holiday train schedule; 2) recognized ACE Directors Jim Lawson and Phil Pennino for their terms of service on the ACE Board, which ended in 2002; 3) approved a Capital Budget amendment to increase the track upgrade project by $380,000 and reduce the right of way acquisition phase of the maintenance facility by $1 million; 4) received a progress report on the implementation of the revised train schedule in January; and 5) approved agreements with ACE shuttle providers to continue ACE funding of the shuttle service.

D. Metropolitan Transportation Commission (MTC)

Heard a report that the Metropolitan Transportation Commission (MTC) at its meeting on December 18, 2002: 1) approved MTC’s Low Income Flexible Transportation (LIFT) Program of Projects which includes Outreach’s project, Give Kids a LIFT!” in Santa Clara County; 2) approved beginning the process to place a regional gas tax on a future ballot; 3) approved the 2003 Legislative Program. There were three abstentions on the issue of Regional Governance; and 4) approved Advocacy Principles for State Budget Discussions to Address Transportation Shortfalls. The principles include: a) ensure that immediate cash flow requirements are met for projects, including local road subventions and STA, which have received allocations from the California Transportation Commission (CTC) in both the Traffic Congestion Relief Program (TCRP) and the State Transportation Improvement Program (STIP); b) for TCRP and STIP projects that will soon require allocations from the CTC, seek an agreement within the state budget negotiations that allows these projects to continue development resulting in the fewest and shortest possible project delays; c) seek additional statewide revenues for transportation to offset projected budget reductions. These may include: 1) a temporary or permanent increase in statewide fuel tax user fees, truck weight fees or other statewide transportation funding source to backfill any losses of General Fund revenues, and 2) a temporary statewide revenue option that addresses the General Fund shortfall directly so that Proposition 42 funds can still be available for transportation; and d) support a constitutional amendment to lower the vote threshold for local transportation taxes.

26. 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

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 PAB

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

F. Highway PAB - South

There was no report on the Highway PAB –South.

27. REPORT FROM THE CHAIRPERSON

There was no report from the Chairperson.

28. REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.

29. ANNOUNCEMENTS

There were no announcements.

30. PUBLIC PRESENTATIONS

Kim Strickland, Transportation and Land Use Coalition, expressed concern regarding proposed bus cuts.

Jessica Fitchen, Greenbelt Alliance, expressed concern regarding bus cuts.

Eugene Bradley, Santa Clara VTA Riders Union, expressed opposition to the proposed service cuts.

Michael Ludwig, interested citizen, expressed concern regarding how time transfers are reflected in schedules.

Zackary Cribari, interested citizen, expressed concern regarding service cuts.

31. CLOSED SESSION

There was no Closed Session.

32. CLOSED SESSION REPORT

There was no Closed Session Report.

33. ADJOURNED at 7:22 p.m.