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Home>Board Packets December 2002

Board Packets December 2002


BOARD OF DIRECTORS MEETING
December 12, 2002
9:00 AM

PLEASE NOTE CHANGE IN LOCATION/DATE/TIME

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

AGENDA

To help you better understand, follow, and participate in the meeting, the following information is provided:

  • Persons wishing to address the Board of Directors on any item on the agenda should complete a form located at the speakers’ podium and hand it to the Board Secretary. Speakers will be called to address the Board when their agenda item(s) arise during the meeting. Speakers are asked to limit their total presentations to a maximum of 5 minutes for each side of the issue. Individual speakers are requested to limit their comments to 2 minutes. If presenting handout materials, please provide 25 copies to the Board Secretary for distribution to the Board of Directors.

  • The Consent Agenda items may be voted on in one motion at the beginning of the meeting. If you wish to discuss any of these items, please request the item be removed from the Consent Agenda by completing a form at the speakers' podium and handing it to the Board Secretary.


  • Items with an asterisk (*) may be adopted on the Consent Agenda after the Chairperson or the Board Secretary reads the ordinance titles into the record.


  • All reports for items on the open meeting agenda are available for review in the Board Secretary's Office, 3331 North First Street, San Jose, California, (408) 321-5680, the Monday, Tuesday and Wednesday prior to the meeting. This information is available on our website and also at the meeting.

In compliance with the Americans with Disabilities Act (ADA), those requiring accommodations for this meeting should notify the Board Secretary's Office 48 hours prior to the meeting at (408) 321-5680 or E-mail: board.secretary@vta.org or TDD: (408) 321-2330. VTA's Home page is on the Web at:

NOTE: THE BOARD OF DIRECTORS MAY TAKE ACTION OR MAKE RECOMMENDATIONS ON ANY ITEM APPEARING ON THIS AGENDA.

3331 North First Street
San Jose, CA 95134-1927
Administration 408.321.5555
Customer Service 408.321.2300


1. CALL TO ORDER
  
2. ADMINISTER OATHS OF OFFICE to newly appointed Board Members.
  
3. ROLL CALL
  
4. ORDERS OF THE DAY
  
5. AWARDS AND COMMENDATIONS
  
 
  Employees of the Month
  

CONSENT AGENDA

6. Approve the Minutes of the Regular Board of Directors Meeting of November 7, 2002.
  
 

ADMINISTRATION AND FINANCE COMMITTEE

7. Adopt the amended Appendix of Designated Positions and Disclosure Categories of the Conflict of Interest Code for the Santa Clara Valley Transportation Authority (VTA) and direct the Board Secretary to forward the revised list of designated positions to the Santa Clara County Board of Supervisors for approval.
  
8. Approve the Committee for Transit Accessibility (CTA) Appointments/ Re-Appointments.
  
9. Approve the Citizens Advisory Committee (CAC) Appointments/ Re-Appointments.
  
10. Approve amending the Policy Advisory Committee (PAC) bylaws to modify the minimum number of affirmative votes required to approve an item from nine to a majority of the members at the time of the vote, so long as a quorum is present; and amending the VTA Administrative Code relative to the minimum number of votes required to take any action, in order to permit this modification.
  
11. Approve the FY 2003-04 Budget Assumptions.
  
12. Authorize the General Manager to implement, in multiple tranches, a domestic leveraged lease (the Transaction) in the form of a lease to service contract over VTAs low floor light rail vehicles (the LRVs), including the selection of the necessary participants to implement the Transaction; provided that (a) VTA receives a net benefit of at least $23.0 million assuming a Transaction size of $415 million, or a prorated benefit per tranche; (b) VTA does not become obligated to pay excessive costs if the Transaction cannot be closed for any reason; (c) in the opinion of VTA staff, the risks of the Transaction do not exceed the financial benefit to be received; and, further authorize the General Manager to couple the Transaction with a cross-border lease transaction over the same LRVs provided the risks do not exceed the financial benefit to be received, which is estimated at an additional $5.0 to $8.0 million.
  
13. Authorize the General Manager to execute a contract with FCI Constructions/Pavex, a Joint Venture, the lowest responsible bidder in the amount of $52,264,152 for construction of the Route 85/101 North Interchange Project in the City of Mountain View, which is part of the 1996 Measure B Transportation Improvement Program.
  
14. Approve the submittal of an AB 3090 funding request to the California Transportation Commission (CTC) that enables VTA to advance local funds for the environmental and design phases of the Route 152/156 Interchange project establishing a repayment plan using State Transportation Improvement Program (STIP) funds; authorize the use of $3.7 million in Local Program Reserve (LPR) to be used as the local fund advance; and further authorize the General Manager to execute an agreement with the California Department of Transportation (Caltrans) to implement the financing arrangement.
  
15. Approve, in concept, a Federal Highway Grant Anticipation Revenue Vehicle (GARVEE bond) financing strategy for the Route 87 HOV Lane Projects from Julian Street in downtown San Jose to Route 85 and the I-880/Coleman Interchange Project.
  
16. 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 from the November 7, 2002 Board of Directors Regular Meeting.)
  
17. 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 $5,700,000 for a new not to exceed total contract value of $12,955,000 and extend the term of the contract through December 31, 2005. (Deferred from the November 7, 2002 Board of Directors Regular Meeting.)
  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

18. Approve the exemption of the indicated intersections from Level of Service (LOS) Monitoring during the Year 2002 Cycle.
  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

19. Authorize the General Manager to execute a contract with Diablo Contractors, Inc., the lowest responsible bidder, in the amount of $6,480,992 for retrofitting Santa Teresa-Baypointe North Line station platforms to accommodate level boarding with low-floor light rail vehicles.
  
20. Authorize the General Manager to amend the contract with Earth Tech, Inc., for Engineering Support Services on VTA rail improvement projects, extending the current contract duration by three years from December 2002 through December 31, 2005.
  
21. Authorize the General Manager to execute an Amendment to the agreement with Mark Thomas & Co., Inc., for civil/site/utilities design services for the Cerone Complex Improvements Project, increasing the approved contract amount by $195,000 for a new value not to exceed $1,098,880 and extending the contract duration through December 31, 2004. This project is 33 percent federally funded.
  
22. Authorize the General Manager to execute a Cooperative Agreement with the City of Saratoga to share costs for the design and construction of the West Valley College Transit Center Operators Facility.
  
23. Authorize the General Manager to: (1) execute an Agreement in the amount of $750,000 with North American Title Company for real estate title company services for an initial three-year period with options for two additional years, and (2) amend the existing Agreement with Alliance Title Company to: (a) add $270,000 to the existing Agreement for a new total of $1,293,000, (b) extend the term from May 31, 2004 to December 31, 2007, and (c) include VTP 2020 projects in the scope of services.
  
24. Authorize the General Manager to execute a contract with G.W. Compressor Sales & Service, Inc., the lowest responsive and responsible bidder, for compressed air systems maintenance and repair service at all VTA Maintenance Divisions. The term of the contract is for three years with two one-year options at a cost of $161,240 for year one, $166,080 for year two and $171,060 for year three. Option years four and five are at a cost of $176,190 and $181,480 respectively. The total amount of the contract is $856,050 for the five-year period.
  
25. Authorize the General Manager to execute a contract with Arntz Builders, the lowest responsible bidder, in the amount of $10,000,784 for the first phase of the Cerone Complex Improvements Project. This project is 33% federally funded.
  
  
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REGULAR AGENDA

  
 

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

26. The Board of Directors forward the Environmental Assessment of Grade Separation Alternatives at the Hamilton Avenue Crossing to the Federal Transit Administration (FTA) with a recommendation that FTA issue a Finding of No Significant Impact (FONSI).
  
  
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OTHER ITEMS

27. Receive an update and response regarding Financial Stability. (Continued from November 8, 2002 Board of Directors Workshop Meeting.) (Buhrer)
  
27X. Authorize the General Manager to enter into a contract to purchase software user licenses from SAP Public Services, Inc. in the amount of $766,965 with an option to purchase additional licenses for $233,820 by July, 2005.
  
28. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION
 
29. LEGISLATIVE REPORT
 
30. REPORTS FROM ADVISORY COMMITTEES
  
30.A. Committee for Transit Accessibility (CTA)
  
30.B. Citizens Advisory Committee (CAC)
  
30.C. Bicycle & Pedestrian Advisory Committee (BPAC)
  
30.D. Technical Advisory Committee (TAC)
  
30.E. Policy Advisory Committee (PAC)
  
30.F. Community Design Enhancements Committee (CODE)
  
31. REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS

A. Peninsula Corridor JPB
B. Capitol Corridor JPB
C. Altamont Commuter Express (ACE) JPB
D. Metropolitan Transportation Commission (MTC)
  
32. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A. Tasman/Capitol Light Rail PAB
B. Vasona Light Rail PAB
C. Silicon Valley Rapid Transit Corridor PAB
D. Caltrain PAB
E. Downtown/East Valley PAB
F. Highway PAB - South
  
33. REPORT FROM THE CHAIRPERSON (Verbal Report)
 
33. Appoint Long-Term Financial Stability Committee.
  
34. REPORT FROM THE GENERAL MANAGER (Verbal Report)
 
35. ANNOUNCEMENTS
 
36. PUBLIC PRESENTATIONS

This portion of the meeting is reserved for persons desiring to address the Board of Directors on any item within the Boards jurisdiction. Speakers are limited to 2 minutes. The law does not permit Board action or extended discussion of any item not on the agenda except under special circumstances. If Board action is requested, the matter can be placed on a subsequent agenda. All statements that require a response will be referred to staff for reply in writing.
  
37. CLOSED SESSION

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

Name of Case: Santa Clara Valley Transportation Authority v. Dick Yee, Inc.
(Santa Clara County Superior Court Case No. CV 797568 Complaint in Eminent Domain)

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

Name of Case: Santa Clara Valley Transportation Authority v. R&S Properties, Inc.
(Santa Clara County Superior Court Case No. CV 797888 Complaint in Eminent Domain)

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

Name of Case: Homer J. Olsen v. VTA
(Santa Clara County Superior Court Lead Case No. CV785402, Consolidated Cases)

D. Initiation of Litigation Conference with Legal Counsel
[Government Code Section 54956.9(c)]

Name of Potential Case: Bay View Hunters Point Community Advocates et al v. MTC et al

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

Title: General Manager
Title: General Counsel

RECONVENE TO OPEN SESSION
  
38. CLOSED SESSION REPORT
 
39. Consider 2003 Compensation Recommendations for VTA General Manager and VTA General Counsel. (Gonzales/Kennedy/Valerio)
  
40. ADJOURN
 
  
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Additional Board Packet Information


Board Standing Committees Summary Minutes

Congestion Management Program & Planning Committee

Administration & Finance Committee

Transit Planning & Operations Committee


2003 Calendars

VTA Public Meetings AT-A-GLANCE

 

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