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Board of Directors Meeting

February 03, 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.

BOARD OF DIRECTORS MEETING

Thursday, February 3, 2000 6:00 P.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.

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: 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

A. Employees of the Month

B. Five-Year Service Awards

4. PUBLIC PRESENTATIONS

A. 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.

B. Hearing- Notice of Intention to Adopt a Resolution of Necessity - Gilroy Caltrain Station Transit Center

Close hearing and adopt a Resolution of Necessity in connection with the Gilroy Caltrain Station Transit Center
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 California; and further, direct the filing of eminent domain proceedings for the
acquisition of certain real property as follows:

1) CT917/Hwa Luh and Shirley Luh/APN: 841-13-002

C. Hearing- Notice of Intention to Adopt a Resolution of Necessity - Tasman East Light Rail Project Autumnvale
Drive to Hostetter Road

Close hearing and adopt Resolutions of Necessity in connection with the Tasman East Light Rail Project, pursuant
to Article 2 (connecting 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:

1) 5246/Armand Kunde and Joan Kunde/APN: 92-07-006 (Page 18)
2) 7110/Thang Ha Ngo and Thu Hang Ngo/APN: 589-27-113 (Page 21)

3) 7124/David Da Wei Kuo and Amy Min Wheeyan Kuo/
APN: 589-12-019 (Page 23)
4) 7150/Tuan Quoc Hoang and Can Thi Ngo/APN: 245-02-052 (Page 25)

D. Receive a presentation regarding clean fuels, and further, Approve the Clean Fuels Section of VTA's 2000 State
Legislative Program, deferred from the January 6, 2000 Board Meeting.

CONSENT AGENDA

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

ADMINISTRATION AND FINANCE COMMITTEE

6. Authorize the General Manager to execute an amendment to an agreement with Management and Personnel
Systems (MPS) for $180,000. This will increase the total contract amount to $140,000 for the current year and
$140,000 for the second year of this agreement for a total amount not to exceed $280,000 for the two year period.

7. Authorize the General Manager to execute an Easement Relocation Agreement with PG&E for an easement at
the Cerone Operating Division.

8. Authorize the General Manager to execute a contract with NuStats Research & Consulting to conduct the Year
2000 VTA On-Board Passenger Survey in an amount not to exceed $150,000 and approve performance-based
options two additional future surveys. The budget for future surveys would not exceed the above amount, adjusted
for the annual percent increase in the Consumer Price Index (CPI).

9. Authorize the General Manager to execute a contract with Nanospace, Inc. to enhance and maintain VTA's
Worldwide Web-site in an amount not to exceed $260,000.
10. Approve FY 1999-2000 Revised Operating and Capital Budgets.

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 amend the contract with Valley Crest Landscaping, Inc., in the amount of
$1,035,000 for additional commercial and private property restoration, local municipality requirements, and
corrective work, for a revised contract amount of $3,731,067. The Tasman West Light Rail Project is 75% federally
funded.

12. Authorize the General Manager to execute a contract with the lowest responsive and responsible bidder for the
Guadalupe Light Rail Communications System retrofit project. This project is 25% federally funded.

13. Authorize the General Manager to execute a three-year Amendment to the Kaiser Engineers, Inc., Engineering
Support Consultant (ESC) Agreement for the 1996 Measure B Transportation Improvement Program and
Guadalupe Light Rail improvements, increasing the approved contract amount by $6,000,000 for a new value not
to exceed $7,200,000.

14. Authorize the General Manager to execute a three-year Amendment to the South Bay Transit Associates
program controls and construction management services Agreement for the 1996 Measure B Transportation
Improvement Program, increasing the approved contract amount by $33,000,000 for a new value not to exceed
$38,200,000.

15. Authorize the General Manager to execute amendments to the contracts for real estate appraisal services as
needed with the following firms: Appraisal Research Corporation; Arthur Gimmy International; Carneghi-Bautovich
& Partners, Inc.; Diaz, Diaz & Boyd, Inc.; Hulberg & Associates, Inc.; Lefmann Associates; The Reitman Group;
and Smith & Associates, removing the current ceiling of $200,000 per contract and increasing the current total
contract amount of $1,600,000 to $3,110,000; and further, execute amendments to the contracts with real estate
review appraisers, Henry Spoto, Jr.; Thomas Ryland and Wallace Crothers, increasing the current total contract
amount of $300,000 to $525,000. These amendments will increase the current total contract authorization for
appraisal and appraisal review services from $1,900,000 to a new total not to exceed $3,650,000 for all eleven
contracts. The term will remain five years for each contract.

REGULAR AGENDA

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON'S REPORT - Woody

16. Authorize the General Manager to execute the Agreement with the Santa Clara County Board of Supervisors
for the implementation of the 1996 Measure B Transportation Improvement Plan.

17. Authorize the General Manager to: 1) Initiate steps for implementing a Japanese Operating Lease transaction
(JOL transaction) for VTA's buses, provided that; a) VTA receives a net benefit of $1.5 million; b) VTA does not
become obligated to pay costs in excess of $50,000 in the event that a transaction cannot be closed for any reason;
c) in the opinion of VTA staff, the risks of such a transaction are similar and proportionate to the leveraged lease
transaction that VTA executed on September 24, 1998, with respect to its light rail vehicles and are not in excess of
the benefit received; and, d) final documents are presented to the Board for approval prior to executing the
transaction. 2) Select, with the advice of VTA's financial advisors, the necessary financing participants to implement
a JOL Transaction on a negotiated basis with qualified parties.

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

18. Adopt the Second Cycle Transportation Equity Act for the 21st Century (TEA-21) Corridor Management
Program for submission to the Metropolitan Transportation Commission for final approval.

19. Receive Commute Service Study Presentation.

TRANSIT PLANNING AND OPERATIONS COMMITTEE
CHAIRPERSON'S REPORT - Matthews
There were no items submitted for the Regular Agenda by the Transit Planning and Operations Committee.

OTHER ITEMS

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

20.X.Amend the 1996 Measure A Caltrain Plan to include a goal of increasing Caltrain service levels between San
Jose and San Francisco to 86-weekday trains by no later than 2006, and commit to working with the Peninsula
Corridor Joint Powers Board (PCJPB) in good faith to achieve this goal.

21. LEGISLATIVE REPORT (Verbal Report)

22. REPORTS FROM ADVISORY COMMITTEES

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

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

24. REPORTS FROM VTA POLICY ADVISORY BOARDS

A. Capitol/Tasman 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

25. REPORT FROM THE CHAIRPERSON (Verbal Report)

Establish the Fremont South Bay Rapid Transit Corridor Study Policy Advisory Board (PAB).

26. REPORT FROM THE GENERAL MANAGER (Verbal Report)

27. ANNOUNCEMENTS

28. CLOSED SESSION

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

Property:
(a) Purchase of Right-of-Way for the Vasona Light Rail Project, located within the Vasona Rail Corridor from
Diridon Station in San Jose to Winchester Boulevard in Campbell; (b) Purchase of additional trackage rights for
Caltrain on existing system in south Santa Clara County between Tamien Station and Gilroy; (c) 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 Peninsula Corridor Joint Powers Board: David Miller, General Counsel
Negotiator for Union Pacific Railroad: Robert Starzell, President Corporate Relations


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

Capitol Avenue Park and Ride Lot Site (aka Payless Site) 301-399 South Capitol Avenue, San Jose.

Negotiating Parties: James E. Pierson, VTA Planning and Development Director and Robert Emami, President of
ROEM Development Corporation.

Under Negotiation: Price and terms of payment

C. 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)

RECONVENE TO OPEN SESSION

29. CLOSED SESSION REPORT

ADJOURNMENT to the Regular Meeting of VTA's Board of Directors scheduled for Thursday, March 2, 2000, at
6:00 p.m. in the Board of Supervisors' Chambers, County Government Center, 70 West Hedding Street, San Jose,
California.