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Board of Directors Meeting

May 04, 2000
12:00 AM

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.
     
  • 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 to 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 ordinance titles are read into the record by the Chairperson or the Board Secretary.
     
  • 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 also available 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 Homepage is on the Web at: http://www.vta.org

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

6:00 P.M.

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

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.

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 to 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 ordinance titles are read into the record by the Chairperson or the Board Secretary.

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 also available 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: http://www.vta.org

NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA

1. CALL TO ORDER/ROLL CALL

2. ORDERS OF THE DAY

3. AWARDS AND COMMENDATIONS

Employees of the Month

4. PUBLIC PRESENTATIONS

This portion of the meeting is reserved for persons desiring to address the Board of Directors on any item within the Board's 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

5. Approve the Minutes of the Special Board of Directors' Meeting of March 28, 2000.

6. Approve the Minutes of the Regular Board of Directors' Meeting of April 6, 2000.

ADMINISTRATION AND FINANCE COMMITTEE

7. Adopt a support position for SB 1427 (Rainey), which seeks to establish a tax credit for employers who purchase subsidized public transit passes for their employees in an amount equal to 40 percent of their costs.

8. Adopt a support position for SB 1428 (Karnette), which eliminates the January 1, 2002, sunset date and extends indefinitely the authority to operate Freeway Service Patrols on traffic-congested urban freeways throughout the state.

9. Adopt a support position for AB 1612 (Torlakson). Through a combination of revenues from the state General Fund and the sales tax on motor vehicle fuels, this bill provides additional funding for the Public Transportation Account, and for local streets and roads.

10. Adopt a support position for AB 2052 (Aroner), relating to funding for access-to-jobs transportation demonstration projects and services.


11. Adopt an oppose position for AB 1706 (Strickland), which exempts motor vehicle fuel from the sales tax in California.

12. Adopt an oppose position for AJR (McClintock), which memorializes the President and Congress to repeal the 4.3-cent federal gas tax that was imposed in 1993.

13. Authorize the General Manager to execute an Amendment to an Agreement with Accountemps and Robert Half International Consulting, divisions of Robert Half International, Inc., in the amount of $850,000, increasing the total contract amount to $1,300,000, for accounting and information systems technology professionals respectively.

14. Authorize the General Manager to execute an agreement with Putnam Investments (Putnam), a professional investment management firm for the management of 10 percent ($18 million) of VTA/ATU Pension Trust assets.

15. Authorize the General Manager to purchase insurance coverage from ICW Group, Zurich American Insurance Group, the National Flood Insurance Program, Calibre One Indemnity Company, Royal and Sun Alliance, Kemper Surplus Lines, Great American, AIG National Union Fire Insurance Company, and Employers Reinsurance Insurance Company in an amount not to exceed $694,613 for Fiscal Year 2000/01 insurance coverages.

16. Authorize the General Manager to execute an amendment to the current contract for Workers Compensation Third Party Administrator Claims Services with Firm Solutions for two additional years, for a total contract cost not to exceed $5,756,538. The basic claims services will not exceed $4,736,538 and the medical bill review services will not exceed $1,020,000.

17. Authorize the General Manager to extend the current contract with Motorola Communications and Electronics Corporation for two years, from May 2000 - April 2002 for maintenance and repair of the existing radio system, in an amount of $390,000 for the first year of the extension and $408,000 for the second year, for a total of $798,000.

18. Authorize the General Manager to execute contracts and future extensions thereof with law firms that specialize in eminent domain (condemnation) law and litigation. Each contract will be for an initial three-year period, with up to two additional one-year terms, in a total amount not to exceed amounts budgeted for such legal services in any given year.

19. Approve an amendment to the expert witness services agreement with Cambridge Systematics, Inc., to add $45,000 to the total contract value, for a revised not to exceed value of $250,000.

20. Authorize the General Manager to execute a Master Cooperative Agreement with the California Department of Transportation (Caltrans) covering environmental review and design of the 1996 Measure B Highway Program projects.

21. Authorize the General Manager to execute a preferred vendor contract with Valley Highway Associates (VHA) for Project Management and Monitoring (PMM) services for the VTA Congestion Management and Highway Programs Division for an amount not to exceed $1,500,000 and contract term through June 30, 2004.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

22. Approve the Final FY 2000-01 Congestion Management Program (CMP) Work Program, Budget and Member Agency Assessment Schedule.

23. Authorize the General Manager to execute an agreement with the City of San Jose for the development of the Silicon Valley-ITS (SV-ITS) Program Strategic Plan, and to spend up to $90,000 of CMP funds to match the City of San Jose's allocation of $160,000.

24. Authorize the General Manager to execute contracts for consultant services in support of Best Practices for Integrating Transportation and Land Use, as needed, with selected firms. Each contract shall be for an initial period not to exceed two years, with options for two successive one-year extensions, for a total amount not to exceed $400,000 for all agreements.

TRANSIT PLANNING AND OPERATIONS COMMITTEE

25. Authorize the General Manager to execute a contract amendment with Carter & Burgess, Inc., for final design and design support services during construction on the Capitol Light Rail Project in an amount not to exceed $4,200,000, for a new contract amount of $13,500,000.

26. Authorize the General Manager to execute an Agreement for Relocation of Pacific Bell Facilities required by the Capitol and Vasona Light Rail Projects.

27. Authorize the General Manager to execute a contract with Dennis J. Amoroso Construction Company, Inc., the lowest responsible bidder for the North Division Reconstruction Project, in the amount of $20,994,000. This contract is 80% federally funded.

28. Approve the revised recommendations for the Fremont-South Bay Commuter Rail Project.

29. Authorize the General Manager to execute a contract with George Bianchi Construction, the lowest responsible bidder for the Light Rail Transit (LRT) Shelter and Windscreen Retrofit Project, in the amount of $987,160.

30. Authorize the General Manager to execute a one-year contract extension with Laidlaw Transit Services, Inc. (Laidlaw) to provide light rail shuttle bus services in an amount not to exceed $1,230,000 with an option for an additional one-year extension.

REGULAR AGENDA

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON'S REPORT - Woody

31. Generally support Governor Gray Davis' Traffic Congestion Relief Plan and seek opportunities to accommodate other high priority Santa Clara Valley Transportation Capital Improvement Projects that were not included in the Plan.

32. Adopt an oppose position for SB 1995 (Perata), which places a number of transportation planning requirements on the Metropolitan Transportation Commission (MTC).

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE
CHAIRPERSON'S REPORT - Nadler

33. Approve programming $2,278,221 in Transportation Fund for Clean Air Program Manager Funds (TFCA 40%) to projects for 2000/01.

TRANSIT PLANNING AND OPERATIONS COMMITTEE
CHAIRPERSON'S REPORT - Matthews

34. Adopt resolutions to certify the Vasona Corridor Light Rail Project Final Environmental Impact Report (FEIR); adopt Findings of Fact; adopt Mitigation Monitoring Plan; and approve the Project.

35. Authorize the General Manager to execute a contract with the lowest responsible bidder, Stacy & Witbeck, Inc., for construction of the Zanker to I-880 Stations and Park-and-Ride Lot, in the amount of $3,188,777. This contract is 20% federally funded.

36. Authorize the General Manager to execute a contract with Golden Bay Construction, Inc., the lowest responsible bidder for the Gilroy Transit Center Project, in the amount of $3,361,631, and to augment the Gilroy Transit Center Project budget by $240,000 from $4,700,000 to $4,940,000. This contract is 53% federally funded.

37. Authorize the General Manager to execute a contract with Progress Rail Services, the lowest responsible bidder for Procurement of Special Trackwork for the Guadalupe Light Rail Vehicle (LRV) Facility Expansion Project, in amount of $456,338. This contract is 56% federally funded.

OTHER ITEMS

38. Approve the establishment of a separate reserve account in the amount of $3.8 million for an alternative wetland mitigation site for the I-880/Dixon Landing Road Interchange project for up to 12 months. (Evanhoe)

39. ITEMS OF CONCERN AND REFERAL TO ADMINISTRATION (Alvarado)

40. REPORT ON 1996 MEASURES A and B (Verbal Report)

41. LEGISLATIVE REPORT (Verbal Report)

42. REPORTS FROM ADVISORY COMMITTEES

43. REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS

A. Peninsula Corridor Joint Powers Board
B. Capitol Corridor Joint Powers Board
C. Altamont Commuter Express (ACE) Joint Powers Board
D. Metropolitan Transportation Commission (MTC)

44. REPORTS FROM VTA POLICY ADVISORY BOARDS

A. Tasman/Capitol Light Rail Policy Advisory Board
B. Vasona Light Rail Policy Advisory Board
C. Fremont/South Bay Commuter Rail Project Policy Advisory Board
D. Caltrain Policy Advisory Board
E. Downtown/East Valley Policy Advisory Board

45. REPORT FROM THE CHAIRPERSON (Verbal Report)

46. REPORT FROM THE GENERAL MANAGER (Verbal Report)

47. ANNOUNCEMENTS

48. CLOSED SESSION

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

Property: Approximately 4.43 acres located at 2050 West Capitol Avenue, Milpitas, California, near the Great Mall Parkway in Milpitas, California.

VTA Negotiators: James E. Pierson, Planning and Development Director and Ronald Pang, Acting Senior Real Estate Agent.

Negotiating Parties for the Owner, GMBA Outparcell LLC (Great Mall of the Bay Area Association: Theodore R. Stotzer, Executive Vice-President, Swerdlow Real Estate Group, Incorporated.

Under Negotiation: Price and terms of payment for purchase by VTA.

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

Property: Approximately 5.78 acres of vacant land located at the Tamien Station between Route 87, Lick Avenue, West Alma Avenue and Goodyear Street, San Jose, California.

VTA Negotiator: James E. Pierson.

Negotiating Party for Prospective Purchasor, Castle Group: Jim Pollart, Vice-President, Development.

Under Negotiation: Price and terms of excess property sale.

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

Property: (a) Railroad of Right-of-Way located within the Vasona Rail Corridor from Diridon Station in San Jose to Winchester Boulevard in Campbell; (b) trackage rights on existing Caltrain system in south Santa Clara County between Tamien Station and Gilroy; (c) trackage rights in the South Bay Corridor between Union City and Diridon Station in San Jose.

Negotiator for VTA: Scott Buhrer, Chief Financial Officer; David Miller, Special Counsel.

Negotiator for Peninsula Corridor Joint Powers Board: David Miller, General Counsel

Negotiator for Seller, Union Pacific Railroad: Robert Starzell, President Corporate Relations

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

Homer J. Olsen v. Santa Clara County Transit District (Santa Clara County Superior Court Case Nos. CV785402, CV785531, CV785764, CV786144, CV786451, CV786816)

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

Name of Case: Santa Clara County Transit District v. William H. Cilker, et al. (Santa Clara County Superior Court Case No. CV773126--Complaint in Eminent Domain)

RECONVENE TO OPEN SESSION

49. CLOSED SESSION REPORT

Authorize the General Manager to execute an Agreement for purchase approximately 4.3 acres of land necessary for the Tasman East Light Rail Project, from GMBA Outparcell LLC.

ADJOURNMENT to the VTA Board of Directors/County of Santa Clara Board of Supervisors Joint Workshop scheduled for Friday, May 5, 2000, at 9:00 a.m., in the Crystal Room, The Fairmont Hotel, 170 South Market Street, San Jose, California, and subsequently, to the Regular Meeting of the Board of Directors scheduled for Thursday, June 1, 2000, at 6:00 p.m. in the Board of Supervisors' Chambers, County Government Center, 70 West Hedding Street, San Jose, California.