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BOARD OF DIRECTORS MEETING
October 10, 2002
9:00 a.m.

Board of Supervisors' Chambers
County Government Center
70 West Hedding 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. ROLL CALL
  
3. ORDERS OF THE DAY
  
4. AWARDS AND COMMENDATIONS
  
 
4A. Employees of the Month
  
 
4B. Recognition of Award Received by the Altamont Commuter Express (ACE) Service (Williams)
  
 
4C. Adopt a Resolution recognizing October as Domestic Violence Awareness Month. (Dando)
  
5. Hearing Notice of Intention to Adopt a Resolution of Necessity Capitol Light Rail Project (2/3 Vote Required for Adoption)

Close hearing and adopt a Resolution of Necessity in connection with the Capitol Light Rail Project, pursuant to Article 2 (commencing with Section 1245.210) of Chapter 4 of Title 7 of Part 3 of the Code of Civil Procedure of the State of California; and further, direct the filing of eminent domain proceedings for the acquisition of certain real property as follows:

Property ID Number/Owner/Assessors Parcel Number

7673/Jayvadan N. Itchhaporia and Tarunika K. Itchhaporia/APN: 254-40-014
  
6. Hearing Notice of Intention to Adopt a Resolution of Necessity - Vasona Light Rail Project (2/3 Vote Required for Adoption)

Close hearing and adopt a Resolution of Necessity in connection with the Vasona Light Rail Project, pursuant to Article 2 (commencing with Section 1245.210) of Chapter 4 of Title 7 of Part 3 of the Code of Civil Procedure of the State of California; and further, direct the filing of eminent domain proceedings for the acquisition of certain real property as follows:

Property ID Number/Owner/Assessors Parcel Number

V034/Ansok Builders, Inc./APN: 412-02-002
  

CONSENT AGENDA

7. Approve the Minutes of the Regular Board ofDirectors Meeting of September 5, 2002.
  
 

ADMINISTRATION AND FINANCE COMMITTEE

8. Approve Bicycle & Pedestrian Advisory Committee (BPAC) Re-appointments.
  
9. Approve an amendment to the Federal Fiscal Year (FFY) 200102 federal grant application to de-obligate $9.7 million in Section 5307 funds currently programmed for Replacement Buses and reprogram the funds towards Preventive Maintenance, and authorize the General Manager to execute the revised grant agreement with the Federal Transit Administration (FTA).
  
10. Authorize the General Manager to execute a contract with RGW Construction, the lowest responsible bidder, in the amount of $23,493,121, for construction of the Route 237/880 Interchange Project Stage C, Phase II, a 1996 Measure B Transportation Improvement Program Project.
  
11. Authorize the General Manager to execute the documents necessary to sell to the County of Santa Clara approximately 2.7 acres from the VTA North Operating Division, in the City of Mountain View, for $4,892,000 for the construction of the 1996 Measure B Transportation Improvement Program Route 85/101 North Interchange Project. No deed will be prepared at this time. Rather, when VTA completes the project, the property will be deeded directly to the State of California by VTA.
  
12. Authorize the General Manager to extend and amend the current agreement with U.S. Healthworks Medical Group for pre-employment physicals; drug and alcohol testing; medical re-certification physicals; fitness for duty exams; respirator evaluation and fitness test; substance abuse testing and Medical Review Officer services for a total amount not to exceed $936,000 over the five-year life of the agreement.
  
13. 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.
  
14. Authorize the General Manager to renew benefit contracts with Kaiser, PacifiCare, Valley Health Plan, Delta Dental, Pacific Union Dental, Vision Service Plan, ProBusiness and Highmark Life Insurance Company, effective January 1, 2003 for all VTA employees and retirees.
  
15. Approve revisions to Policy Number 421, the Drug and Alcohol Policy for Safety-Sensitive Employees under FTA Regulations.
  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

16. Adopt a resolution accepting an Environmental Justice Transportation Planning Grant from the State of California, Department of Transportation.
  
17. Adopt the revised Tier 1 Bicycle Projects and Schedules.
  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

18. Authorize the General Manager to execute a contract amendment with David J. Powers and Associates, from San Jose, in an amount not to exceed $120,000, to complete environmental compliance for the Vasona Light Rail Project for a total contract value not to exceed $980,840 and extend the term two years to December 31, 2004.
  
19. Approve the final designs of artists Jean Whitesavage and Nick Lyle for station shelter canopy glass and railing projects in the Tasman East/Capitol Light Rail Projects.
  
20. Authorize the General Manager to execute a five-year lease agreement and to exercise the options to renew for three additional five-year periods with Sprint Spectrum Limited Partnership (Sprint), for one cellular antenna site at the Cerone Operating Division.
  
21. Authorize the General Manager to execute a contract with National Research Council Canada to provide a Wheel/Rail Interface Study to assist in the development of maintenance strategies to maximize the useful life of light rail vehicle wheels and track for a contract amount of $105,600.
  
22. Approve a one-year extension of the lease with the City of Morgan Hill for use of vacant land, jointly owned by VTA and the Morgan Hill Redevelopment Agency (MHRDA), for an Interim BMX Park, contingent upon a satisfactory report by the City of Morgan Hill demonstrating progress and a firm timeline for moving the BMX Park to a permanent location. This Agreement will be brought back to the Board for status and further review at the October 2003 meeting.
  
  
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REGULAR AGENDA

  
 

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

23. Adopt a resolution authorizing the issuance of tax-exempt debt in an amount not to exceed $82,000,000 and ratifying actions taken by the General Manager and Chief Financial Officer necessary in connection therewith; and further authorizing the General Manager to amend the FY 2003 operating budget and incur ancillary debt financing costs in an amount not to exceed $500,000 for costs related to this debt financing transaction.
  
 

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.
  
  
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OTHER ITEMS

24. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION
 
25. LEGISLATIVE REPORT
 
26. REPORTS FROM ADVISORY COMMITTEES
 
26.A. Committee for Transit Accessibility (CTA)
  
26.B. Citizens Advisory Committee (CAC)
  
26.C. Bicycle & Pedestrian Advisory Committee (BPAC)
  
26.D. Technical Advisory Committee (TAC)
  
26.E. Policy Advisory Committee (PAC)
  
27. 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)
  
28. 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
  
29. REPORT FROM THE CHAIRPERSON (Verbal Report)

Appoint Nominating Committee for the Election of Chairperson and Vice Chairperson for the 2003 Board of Directors.
  
30. REPORT FROM THE GENERAL MANAGER (Verbal Report)
 
31. ANNOUNCEMENTS
 
32. 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.
  
33. CLOSED SESSION

A. 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)

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

Name of Case: SCVTA v. Gupta, et.al.
(Santa Clara County Superior Court Case No. CV802670, Complaint in Eminent Domain)

C. Anticipated Litigation Conference with Legal Counsel

Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. One potential case

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

Employee Organizations:
Transportation Authority Engineers and Architects (TAEA)

VTA Designated Representatives:
Kaye L. Evleth, Chief Administrative Officer
Scott Buhrer, Chief Financial Officer

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

Title: General Manager
Title: General Counsel

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

Purchase of trackage rights in the South Bay Corridor between Union City and Diridon Station in San Jose.

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

RECONVENE TO OPEN SESSION

  
34. CLOSED SESSION REPORT
 
35. 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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