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inside/boards/packets/2008/05_may


BOARD OF DIRECTORS MEETING
THURSDAY, MAY 1, 2008
5:30 P.M. CLOSED SESSION
6:00 P.M. REGULAR SESSION

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



In addition, the Board of Directors meeting will be held at one teleconference location:
1229 Pacific Street
Santa Monica, CA 90405

REVISED

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. Any document distributed less than 72 hours prior to the meeting will also be made available to the public at the time of distribution. Copies of items provided by members of the public at the meeting will be made available following 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


5:30 PM CALL TO ORDER
 
1. ROLL CALL
 
2. ADJOURN TO CLOSED SESSION

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

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

Employee Organization:
Amalgamated Transit Union (ATU)

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

Charisma Ladiwala v. Santa Clara Valley Transportation Authority
(Santa Clara Superior Court No. 107CV087231)

C. Conference with Real Property Negotiators
[Government Code Section 54956.8]

Property: 5.25 acre parcel owned by VTA near the intersection of West San Carlos and Sunol Streets, San Jose, CA

Negotiators for VTA: John Ristow, Chief CMA Officer; Kevin D. Allmand, Acting General Counsel

Negotiators for Green Republic, LLC: Michael Van Every, Republic Urban Properties LLC; Stephen R. Ledoux, Esq.

Under negotiation: Price and terms of payment for sale of Property

  
6:00 PM RECONVENE TO OPEN SESSION
 
3. CLOSED SESSION REPORT
 
4. ORDERS OF THE DAY
 
5. AWARDS AND COMMENDATIONS

Employees of the Month for May 2008
  
6. REPORT FROM THE GENERAL MANAGER (Verbal Report)
 
7. REPORT FROM THE CHAIRPERSON (Verbal Report)

Attachment A
Attachment B
  
8. Policy Advisory Committee (PAC) Chairpersons Report. (Moylan)
 

CONSENT AGENDA

9. Approve the Minutes of the Regular Board of Directors Meeting of April 3, 2008.
 
10. Receive the VTA Transformation Program Progress Report.

Attachment A
Attachment A - accessible version
  
11. Adopt a support position for AB 1756 (Caballero), which requires the Business, Transportation and Housing Agency to establish the Office of Local Public-Private Partnerships to inform local agencies and other interested stakeholders regarding the role that public-private partnerships could play in financing, constructing and/or operating fee-producing local infrastructure projects.
  
12. Adopt a support position for AB 3034 (Galgiani), which revises provisions in the existing Safe, Reliable, High-Speed Passenger Train Bond Act for the 21st Century to be submitted to the voters of California on November 4, 2008. Specifically, this bill: (a) amends and expands the descriptions of the route segments for the proposed high-speed train system; (b) makes $9 billion in bond proceeds available for the entire 800-mile high-speed train route, rather than for just certain segments; (c) limits the amount of bond funds that could be spent on preconstruction activities; (d) requires detailed funding plans for each high-speed train system segment; and (e) establishes priorities and financial criteria for selecting construction segments.
  
13. Adopt a support position for AB 1815 (Feuer), which calls for creating a 14-member California Transportation Infrastructure Funding Task Force to develop a report for the Governor and Legislature on alternatives to the current system of funding transportation infrastructure in the state by taxing road users through per-gallon fuel taxes.
  
14. Adopt a support position for AB 2650 (Carter), which permits Caltrans to continue to participate in a federal pilot program that allows certain states to assume the responsibilities of the Federal Highway Administration (FHWA) under the National Environmental Policy Act (NEPA) for a limited period of time to see if this approach would speed up the delivery of capital improvement projects on state highways without a lessening of environmental protection. Specifically, AB 2650 extends provisions in existing law that authorize Caltrans to consent to the jurisdiction of the federal courts with regard to the assumption of FHWA's responsibilities under NEPA and that waive the state's Eleventh Amendment protection against lawsuits brought in federal court for as long as Caltrans participates in the pilot program.
  
15. Authorize the General Manager to purchase insurance coverage for Excess Liability, General and Auto Liability, Public Officials' Errors and Omissions Liability, Property/Boiler and Machinery, Inland Marine for Buses, Vans and Mobile Equipment, Inland Marine for Light Rail Vehic1es, and Flood exposures for the annual Operations Program insurance renewal for an amount not to exceed $1,831,000.

Attachment
  
16. Review and accept the 2000 Measure A Program Financial Report for Fiscal Year 2007 (FY2007).

Attachment
  
17. Authorize the General Manager to execute a sub-sublease (Lease) with Caffe del Doge Venezia, Inc. (Caffe) to provide a retail caf´┐Ż operation within the Palo Alto Train Depot. Caffe will pay VTA a base rent of $1,500 per month for the approximate area of 1,289 square feet commencing with the seventh month of retail operation. The Lease will terminate when VTA's sublease with the City of Palo Alto expires on June 30, 2013; and further, authorize the General Manager to execute a Consent Letter whereby Stanford consents to the lease between VTA and Caffe.
  
18. Approve the programming of FY 2008/09 Transportation Fund for Clean Air Program Manager (TFCA 40%) funds to projects.
  
19. Approve the staff recommendations on Seven Key Policy Areas of the Habitat Conservation Plan/Natural Community Conservation Planning for submittal to the Liaison Group for consideration.

Attachment
  
20. Authorize the General Manager to execute a contract with J.J.R Construction, Inc., the lowest responsible bidder, in an amount of $379,656 for the construction of the Bus Stop Pavement and Transit Center Improvements FY08 Project. This contract is 80 percent federally funded.
  
21. Authorize the General Manager to execute a contract with Balch Petroleum, the lowest responsible bidder, in the amount of $549,850 for construction of the North Coach Division Fuel System Addition Project. This contract is 100 percent locally funded.
  
22. Authorize the General Manager to submit federal Fiscal Year 2008 grant applications and execute grant agreements with the Federal Transit Administration (FTA) for Section 5307 Urbanized Area Formula, Section 5309 Fixed Guideway, and Section 5339 Alternatives Analysis funds.
  
23. Adopt a resolution authorizing the filing of an annual claim to the Metropolitan Transportation Commission (MTC) for allocation of FY 2008-2009 Transportation Development Act (TDA) and State Transit Assistance (STA) funds.
  
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REGULAR AGENDA

  
24. Hearing - Notice of Intention to Adopt a Resolution of Necessity

Close Hearing and adopt a Resolution of Necessity determining that the public interest and necessity require the acquisition of property interests from one parcel for the Freight Railroad Relocation Project, as follows: (Note: Motion must be approved by at least 2/3 of the Board (8 members).

Property ID/Assessors Parcel Number/Owner B2607 (APN 519-1010-027-03) owned by Heirs of Theodore T. Silveria; Albert A. Silveria; Frank and Emilia F. Serpa

Attachment A
Attachment B
  
25. Approve the agreement with Green Republic, LLC for sale of the property described as the West San Carlos Joint Development Project site according to the terms outlined in the memorandum and included in the agreement.

Attachment A
Attachment B
Attachment C
Supplemental Information
  
26. Approve the Metropolitan Transportation Commissions (MTC) Regional Transportation Plan (RTP) Vision Policy Strategies with the staff recommended modifications and additions to serve as the basis for the development of VTP 2035 Polices and to establish the VTA position on the RTP Policy development.
  
27. Review and accept the report submitted by CRA International entitled, "Measuring Minority and Woman-Owned Construction and Professional Service Firm Availability and Utilization." Additionally approve implementation of a Race Conscious Disadvantaged Business Enterprise (DBE) program.

Attachment
  
28. Adopt a resolution calling for a special election on November 4, 2008 to submit to the voters an advisory measure regarding the comprehensive transit program identified in Valley Transportation Plan 2035 scheduled for adoption on November 6, 2008 or amended thereafter.

Attachment
  
29. Recommend that the VTA Board of Directors amend the VTA Administrative Code to make the following changes to VTAs governance structure: 1) Eliminate the concept of city groupings selecting their representative(s) through a rotation process. Each of the city groups will select their representative(s) to serve as a Director on the VTA Board; 2) VTA Directors will still serve two-year terms. However, the appointing authorities will be encouraged to reappoint representatives to consecutive terms; and 3) Include a process for selecting VTA Directors within the city groupings. VTA Directors should have the required experience and qualifications in transportation; and furthermore, recommend that the VTA Board of Directors consider amending the VTA Administrative Code at the August 7, 2008 Board of Directors Meeting (time certain) as follows: 4) Reconfigure the small city groupings to include a new group comprised of Santa Clara, Sunnyvale and Milpitas, and move Los Altos Hills to the West Valley City Group.
  
30. Adopt a resolution to establish the "Santa Clara Valley Transportation Authority Retirees Other Post Employment Benefits (OPEB) Trust, and authorize the General Manager to transfer all assets held by VTA pertaining to the Retiree Medical Fund to the Trust.
  
  
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OTHER ITEMS

31. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION
 
32. Review the Monthly Legislative History Matrix.

Attachment
  
33. REPORTS (UNAPPROVED MINUTES) FROM STANDING COMMITTEES

A. Administration and Finance Committee
B. Congestion Management Program and Planning Committee
C. Transit Planning and Operations Committee
  
34. 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)
  
35. 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)
  
36. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A. Vasona Light Rail PAB (No Meeting Scheduled)
B. Silicon Valley Rapid Transit Corridor PAB (No Meeting Scheduled)
C. Downtown East Valley PAB (No Meeting Scheduled)
D. Highway PAB South
E. I-680 Sunol SMART Carpool Lane Policy Advisory Committee
  
37. 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 to2 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.
  
38. ANNOUNCEMENTS
 
39. ADJOURN
 
  
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Additional Board Packet Information


2008 Calendars

VTA Public Meetings AT-A-GLANCE

 

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