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inside/boards/packets/2007/11_nov


BOARD OF DIRECTORS MEETING
Thursday, November 1, 2007
5:30 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 or not on the agenda should complete a blue card located at the public information table and hand it to the Board Secretary staff prior to the meeting or before the item is heard. Speakers will be called to address the Board when their agenda item(s) arise during the meeting and are asked to limit their comments to 2 minutes. The amount of time allocated to speakers may vary at the Chairperson's discretion depending on the number of speakers and length of the agenda. 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 blue card at the public information table and handing it to the Board Secretary staff prior to the meeting or prior to the Consent Agenda being heard.

  • 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, www.vta.org, 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:

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 COMMENDATION

A. Employees of the Month for October 2007 and Supervisor of the Quarter
B. Employees of the Month for November 2007
  
5. Policy Advisory Committee (PAC) Chairpersons Report. (Moylan)
  
6. REPORT FROM THE GENERAL MANAGER (Verbal Report)
 
7. REPORT FROM THE CHAIRPERSON (Verbal Report)
 
8. 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.
  

CONSENT AGENDA

9. Approve the Minutes of the Regular Board of Directors Meeting of October 4, 2007.
  
10. Adopt a Resolution: 1) Amending Section 5.4 of the Policy Advisory Committee (PAC) bylaws to change the quorum requirement from majority of total authorized membership to majority of total appointed members or seven, whichever is greater; 2) Further amending Section 5.4 to change the voting requirement to permit a majority of the quorum to pass an item, provided that if the number of votes approving any recommendation is less than a quorum, then the minutes of the meeting shall contain a notation that the item was passed by less than a majority of the total appointed membership; and amending Section 4.1 of the PAC bylaws to require that the PAC Chairperson shall also bring this to the attention of the Board during his/her monthly verbal report to the Board; and 3) Amending Section 4-17 of the VTA Administrative Code to allow implementation of these modifications.
  
 

ADMINISTRATION AND FINANCE COMMITTEE

11. Adopt a resolution authorizing the filing and execution of grants with the California Department of Transportation (Caltrans) for funding under the Federal Transit Administration (FTA) Section 5311 Non-Urbanized Area Formula Grant Program.
  
12. Authorize the General Manager to execute a five-year lease agreement with an option for year-to-year extensions thereafter, with T-Mobile USA, Inc. (dba Omnipoint Communications, Inc.) to lease a wireless telecommunications site from VTA starting at $2,500 a month for the first year plus three percent annual increases thereafter.
  
13. Augment the total value of contracts permitted under the previously approved Transportation Planning and Mass Transit Studies on-call list from $2,500,000 to $6,000,000 and authorize the General Manager to execute task order contracts to perform transit planning services.
  
14. Authorize the General Manger to execute a contract with AECOM Consult, Inc. (AECOM) in the not-to-exceed amount of $610,000 for financial planning services related to FTA New Starts program funding for the Silicon Valley Rapid Transit (SVRT) Project.
  
15. Authorize the General Manager to negotiate and execute a contract with the County of Santa Clara in the amount of $118,400 per year. This contract would enable VTA to provide Eco Pass type passes at a price of $60 per pass per year, for up to 1,850 passes to be issued each quarter, for a fixed annual price of $111,000 plus card issuance expenses of up to $7,400 per year. These passes would be made available to the homeless population in Santa Clara County effective January 2008.
  
16. Retain the resolution establishing rates and fares for VTA adopted by the Board of Directors on June 7, 2007. (Item concerning Zero Fare Program Report.)
  
17. Authorize the General Manager for the Freight Railroad Relocation and Lower Berryessa Creek Project to execute: 1) Real property purchase agreements where the purchase price equals VTAs statutory offer of just compensation based upon an approved appraisal, or where the negotiated purchase price does not exceed $100,000; and 2) Possession and use agreements allowing immediate access for VTA to construct the Project prior to agreement on the purchase price.
  
18. Authorize the General Manager for the Capitol Expressway Light Rail Project to execute: 1) Real property purchase agreements where the purchase price equals VTAs statutory offer of just compensation based upon an approved appraisal, or where the negotiated purchase price does not exceed $100,000; and 2) Possession and use agreements allowing immediate access for VTA to construct the Project prior to agreement on the purchase price.
  
19. Approve the budget and cost allocation for the Santa Clara Valley Habitat Conservation Plan/Natural Community Conservation Plan.
  
20. Authorize the General Manager to execute a Construction Cooperative Agreement with the California Department of Transportation (Caltrans) covering the construction of the Route 87 Highway Planting Project; and authorize an increase to the current VTP 2030 Highway Improvement Program Capital Budget appropriation for fiscal year 2008 from $4,196,000 to $4,620,000.
  
21. Adopt proposed Permit Fee Schedules increasing the fees to be collected for Restricted Access Permits and Construction Access Permits.
  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

22. Recommend that the VTA Board of Directors approve the following: 1) Waive the Bicycle Expenditure Program policy on limitations of cost increases for the Mary Avenue Bicycle and Pedestrian Bridge Project; 2) Increase the Bicycle Expenditure Plan allocation for the Mary Avenue Bicycle and Pedestrian Bridge by $3.35 million for a total of $10.35 million; 3) Program $3.35 million in Congestion Management Program Local Program Reserve funds to the construction of the Mary Avenue Bicycle and Pedestrian Bridge; and 4) Commit to program an equivalent amount of future Bicycle Expenditure Plan funds to repay the Local Program Reserve fund, as the future grant funds becomes available for programming.
  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

23. Adopt a Resolution designating the National Incident Management System (NIMS) as the official regulatory guidance for emergency incident and disaster preparedness, response, recovery and mitigation by the Santa Clara Valley Transportation Authority within its service area.
  
24. Receive the RIDE Task Force Recommendations Annual Update.
  
25. Authorize the General Manager to execute Utility Relocation Agreements with Pacific Gas & Electric (PG&E) in an amount not to exceed $3,500,000 and San Jose Water Company (SJWC) in an amount not to exceed $1,500,000 to clear the alignment for the Eastridge extension of the Capitol Expressway Light Rail Project.
  
  
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REGULAR AGENDA

  
26. HEARING - NOTICE OF INTENTION TO ADOPT RESOLUTION OF NECESSITY

Close Hearing and adopt Resolution of Necessity, in connection with the Route 152/156 Improvement Project (Project), amending Resolution of Necessity No. 06.06.12, to include, as part of the acquisition, the taking of access rights along portions of the property line of Parcel 43002-1 (APN 898-24-017) owned by Blackburn Farms III, LLP. (Ristow)

Property ID/Owner/Assessors Parcel Number
43002-1 (APN 898-24-017) owned by Blackburn Farms III, L.P.
  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #31.A.)

27. Continue VTAs existing practice to sell Youth Monthly Passes to school districts and other entities at prices established by the Board of Directors. Direct staff to continue the practice of working with school districts and cities to market VTAs fare media and services to the youth.
  
28. Retain the resolution establishing rates and fares for VTA adopted by the Board of Directors on June 7, 2007. (Item concerning Free Transportation for Youth Under 18.)
  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #31.B.)

 

TRANSIT PLANNING AND OPERATIONS COMMITTEE CHAIRPERSON'S REPORT - (See Agenda Item #31.C.)

  
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OTHER ITEMS

29. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION
 
30. MONTHLY LEGISLATIVE HISTORY MATRIX
 
31. SUMMARY MINUTES FROM STANDING COMMITTEES

A. Administration and Finance Committee
B. Congestion Management Program and Planning Committee
C. Transit Planning and Operations Committee
  
32. REPORTS (UNAPPROVED MINUTES) FROM ADVISORY COMMITTEES

A. Committee for Transit Accessibility (CTA)
B. Citizens Advisory Committee (CAC) and 2000 Measure A Citizens Watchdog Committee (CWC)
C. Bicycle & Pedestrian Advisory Committee (BPAC)
D. Technical Advisory Committee (TAC)
E. Policy Advisory Committee (PAC)
  
33. REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS

A. Peninsula Corridor JPB
B. Capitol Corridor JPB
C. Dumbarton Rail Corridor Policy Committee
D. Metropolitan Transportation Commission (MTC)
  
34. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A. Vasona Light Rail PAB (No Meeting Scheduled)
B. Silicon Valley Rapid Transit Corridor PAB
C. Downtown East Valley PAB (No Meeting Scheduled)
D. Highway PAB South (No Meeting Scheduled)
E. I-680 Sunol SMART Carpool Lane Policy Advisory Committee
  
35. ADJOURN TO CLOSED SESSION

A. Conference with Legal Counsel Anticipated Litigation
Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(3)(C):

Claim of L. Rivera pursuant to Tort Claims Act

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

VTA Designated Representatives:
Jerry Mikolajczyk, Chief Financial Officer
Bill Lopez, Chief Administrative Officer
Robert Escobar, Manager, Office of Employee Relations

Employee Organization:
Amalgamated Transit Union (ATU)

RECONVENE TO OPEN SESSION
  
35.X. Conference with Real Property Negotiator
[Government Code 54956.8]

Property: Block bounded by North First Street, North Market Street, Santa Clara Street and West St. John Street (Mitchell Block) located in downtown San Jose.

Negotiators for VTA: Jerry Mikolajczyk, Chief Financial Officer
Roberta Notrangelo, Manager of Real Estate

Negotiating parties: Jeffrey S. Kuhn, Managing Principal, Financial Leadership Group, LLC
William T. Brooks, Attorney at Law, Brooks & Hess
John H. Blake, Attorney at Law, Hannig Law Firm

Under negotiation: Price and terms of payment.
  
36. CLOSED SESSION REPORT
 
36x. Authorize the General Manager to execute a Purchase and Sale Agreement and all other documents necessary to purchase the property in downtown San Jose being offered for sale as the First Market Plaza property, more commonly known as the Mitchell Block, bounded by First, Santa Clara, Market and West St. John Streets, consisting of approximately 3.6 acres, at a purchase price of $39,563,250. (Ristow)
  
37. REPORT FROM THE NOMINATING COMMITTEE
 
38. ANNOUNCEMENTS
 
39. ADJOURN
 
  
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Additional Board Packet Information


2007 Calendars

VTA Public Meetings AT-A-GLANCE

 

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