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BOARD OF DIRECTORS MEETING
February 6, 2003
6:00 PM

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.

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1. CALL TO ORDER
  
2. ROLL CALL
  
3. ORDERS OF THE DAY
  
4. AWARDS AND COMMENDATIONS
  
 
  Employees of the Month
  

CONSENT AGENDA

5. Approve the Minutes of the Regular Board of Director's Meeting of January 9, 2003.
  
 

ADMINISTRATION AND FINANCE COMMITTEE

6. Approve the Citizens Advisory Committee (CAC) Appointments/ Re-Appointments.
  
7. Approve changes to the Unrestricted and Restricted Investment Policy and authorize the General Manager to implement a new investment strategy for cash reserves earmarked to underwrite operating deficits and the local share of capital projects.
  
8. Receive and file the FY 2001/2002 Comprehensive Annual Financial Report (CAFR).
  
9. Receive and file the FY 2001/2002 Single Audit Report.
  
10. Authorize the General Manager to execute an amendment to the Master Agreement with the California Highway Patrol (CHP) for Traffic Control Services during construction of VTP 2020 Highway Projects in an amount not to exceed $195,000, for a new total agreement amount of $1,105,000.
  
 

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

11. Authorize the General Manager to execute a contract with the lowest responsible bidder, Pencon Corporation, in the amount of $536,460, for construction of the second phase of Noise Mitigation on the Capitol and Tasman East Light Rail Projects.
  
12. Authorize the General Manager to execute a contract amendment with Parsons Brinckerhoff Quade & Douglas (PBQ&D) for additional work and design support services during construction on the Vasona Light Rail Project in an amount not to exceed $1,850,000 for a new contract amount of $31,695,275, and to extend the contract term through November 30, 2005.
  
13. Authorize the General Manager to amend the total authorized funding for the R & L Brosamer, Inc., civil construction contract from Woz Way to San Jose Diridon Station by an amount of $1,675,000 to fund rail rehabilitation and Community Oriented Design Enhancement (CODE) change orders for a new contract amount not to exceed $15,809,267. This contract is 74 percent federally funded.
  
14. Authorize the General Manager to amend the contract with Korve Engineering, Inc., in an amount not to exceed $501,702, for a new contract value not to exceed $3,859,911, and extend the term of the contract for one year to complete the Conceptual Engineering for the Downtown East Valley Project in support of the environmental compliance process.
  
15. Authorize the General Manager to exercise the two remaining one-year options of the existing contract with Kleen-Rite Pressure Washers, extending the contract through March 31, 2005 for pressure washer preventive maintenance and repair services. The value of the two option years will not exceed $73,000 for the fourth option year and $74,000 for the fifth option year for a total contract amount of $320,000 for the five-year term of the contract.
  
16. Authorize the General Manager to execute a five-year agreement with an option to renew for three additional five-year periods with Level 3 Communications, LLC, a Delaware Limited Liability Company, for conduit space along a portion of the Guadalupe light rail corridor, between the Childrens Discovery Museum and the Santa Teresa Light Rail Stations.
  
17. Authorize the General Manager to execute a contract with The Radiator Doctor, Inc., the lowest responsive and responsible bidder, for the repair and refurbishment of VTAs bus radiators. The term of the contract is for one year with four one-year options at a cost of $65,670 for the first year. Option years two, three, four and five are $67,640, $69,670, $71,760 and $73,910 respectively. The total amount of the contract will not exceed $348,650 for the five-year period.
  
18. Authorize the General Manager to execute a cost sharing agreement with the East Side Union High School District (ESUHSD) for the relocation of their employee parking lot as a part of the Capitol Light Rail Project.
  
19. Authorize the General Manager to execute an Amendment to the Agreement with Carter Burgess for program controls and construction management for the Facilities Improvement Program, increasing the approved contract amount by $1,600,000 for a new value not to exceed $10,600,000 and extending the contract duration through June 30, 2004.
  
  
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REGULAR AGENDA

  
 

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 - Cindy Chavez

 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

20. Consider Fiscal Emergency Service Reduction Plan: Receive staff responses to public comments made during the California Environmental Quality Act (CEQA) comment period for the Fiscal Emergency Service Reduction Plan; Adopt a finding that there is a fiscal emergency, as defined by Public Resources Code (P.R.C.) �21080.32(d)(2), caused by failure of VTA revenues to adequately fund VTA services, programs and facilities; Invoke a Statutory Exemption under CEQA, P.R.C. �21080.32 and CEQA Guidelines Section 15285 (Transit Agency Responses to Revenue Shortfalls) for the purpose of implementing the Fiscal Emergency Service Reduction Plan; Approve the service modifications included in the Fiscal Emergency Service Reduction Plan, which could potentially mean a combined reduction in bus and light rail services of approximately nine percent; and, Authorize staff to implement approximately three percent of the Plan in April 2003, and defer further implementation of the remainder of the Plan pending an on-going assessment of VTAs financial situation.
  
  
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OTHER ITEMS

21. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION
 
22. LEGISLATIVE REPORT
 
23. REPORT FROM AD-HOC FINANCIAL STABILITY COMMITTEE (Verbal Report)
 
24. REPORTS FROM ADVISORY COMMITTEES

A. Committee for Transit Accessibility (CTA)
B. Citizens Advisory Committee (CAC)
C. Bicycle & Pedestrian Advisory Committee (BPAC)
D. Technical Advisory Committee (TAC)
E. Policy Advisory Committee (PAC)
F. Community Design Enhancements Committee (CODE)
  
25. 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)
  
26. 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
  
27. REPORT FROM THE CHAIRPERSON (Verbal Report)
 
28. REPORT FROM THE GENERAL MANAGER (Verbal Report)
 
29. ANNOUNCEMENTS
 
30. 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.
  
31. CLOSED SESSION

A. 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 Representatives:
Kaye L. Evleth, Chief Administrative Officer
Scott Buhrer, Chief Financial Officer
Robert Escobar, Manager, Office of Employee Relations

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

Name of Case: Santa Clara Valley Transportation Authority v. Bianchi, et al. (Santa Clara County Superior Court No. CV 798606--Complaint in Eminent Domain)

C. 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., et al. (Santa Clara County Superior Court No. CV 797888--Complaint in Eminent Domain)

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

Name of Case: Santa Clara Valley Transportation Authority v. Ansok Builders, Inc., et al. (Santa Clara County Superior Court No. CV 797887--Complaint in Eminent Domain)

E. 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)

F. Conference with Real Property Negotiator
[Government Code Section 54956.8]

Property: 214 Dupont Street, San Jose, CA; APN Nos. 261-38-032, 056

Negotiating Parties: Kevin D. Allmand, Assistant General Counsel for VTA; D. Anthony Rodriguez, Esq. for owner, Autumn LLC

Under negotiation: Price and terms of sale

RECONVENE TO OPEN SESSION
  
32. CLOSED SESSION REPORT
 
33. 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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