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Board of Directors Meeting

March 02, 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, MARCH 2, 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

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. Adopt Resolutions to certify the Capitol Corridor Light Rail Project Final Environmental Impact Report (FEIR); that Adopt findings of Facts and Statement of Overriding Considerations; that Adopt mitigation monitoring plans; and that Adopt the Project.

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

Close hearing and Adopt Resolutions of Necessity in connection with the Tasman East Light Rail 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 of California; and further, direct the filing of eminent domain proceedings for the acquisition of certain real property as follows:

Property ID Number/Owner/Assessors Parcel Number

1) 7196 & 7197/Joseph Bianchi and Clara Bianchi/APN: 245-01-001, 245-01-002

D. Hearing- Notice of Intention to Adopt a Resolution of Necessity - Ohlone-Chynoweth Eden Housing Project

Close hearing and Adopt Resolutions of Necessity in connection with the Ohlone-Chynoweth Eden Housing 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 of California; and further, direct the filing of eminent domain proceedings for the acquisition of certain real property as follows:

Owner/Assessors Parcel Number

1) Heirs and Devises of John Maynes aka John Mayne/APN: 458-11-001, 458-11-014

E. Public Hearing on Proposed Augmentation to Grant Anticipation Notes.

Close Hearing and Adopt a Resolution approving the Augmentation of Grant Anticipation Notes by the Peninsula Corridor Joint Powers Board in the amount of $99 million for a total of $222.5 million.

CONSENT AGENDA

5. Approve the Minutes of the Regular Board of Directors' Meeting of February 3, 2000.

ADMINISTRATION AND FINANCE COMMITTEE

6. Authorize the General Manager to execute a no-cost ten-year lease with an option to renew for two additional ten-year periods with the City of Morgan Hill for a repeater site associated with VTA's Advanced Communications Systems (ACS).

7. Authorize the General Manager to execute a Real Estate Broker Commission Agreement with Colliers International providing for up to a 4% fee in connection with the sale of excess property at the I-880/Alder Park and Ride Lot.

8. Adopt a resolution supporting the use of State Transportation Improvement Program (STIP) funds for the Tasman East Light Rail Project from I-880 to Hostetter Road, and authorize the General Manager to file state and federal grant applications and execute the respective grant agreements upon their approval.

9. Authorize the General Manager to execute a contract with HMH, Inc., for preliminary engineering and final design of the Highway 152 Safety Improvement Project in an amount not to exceed $1,295,000.

10. Authorize the General Manager to execute a contract with Ruth & Going, Inc., for preliminary engineering and final design of the Route 87 North Project in an amount not to exceed $3,689,000.

11. Authorize the General Manager to amend the current contract with Alpha General Electric to include additional work scope and increase the contract amount by $50,000 for the current year of the contract, and by $100,000 for each of the two option years. This amendment will increase the total four-year contract value to $1,250,000.

12. Adopt a standard resolution for the State Board of Equalization to reflect Santa Clara Valley Transportation Authority's Chief Financial Officer as the designated officer to receive use and sales tax records for purposes of forecasting and the identification of possible errors in allocations.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

13. Approve up to $3.1 million in State Transportation Improvement Program (STIP) Funds to provide matching funds for the 2nd Cycle Transportation Equity Act for the 21st Century (TEA-21) Congestion Mitigation and Air Quality (CMAQ) funded projects.

14. Approve project priorities for the 2000-01 Countywide Transportation Development Act (TDA) Article 3 Program and approve rescind/reallocation requests.

15. Receive and file the Congestion Management Program Audit, Fiscal Year 1998-99.

16. Approve distribution of the FY 2000-01 Draft Congestion Management Program (CMP) Work Program, Budget and Member Agency Assessments to Member Agencies for review and comment.

TRANSIT PLANNING AND OPERATIONS COMMITTEE

17. Authorize the General Manager to execute an Amendment to the contract with Robert Bein, William Frost and Associates for Right-of-Way Engineering and Survey Services; increasing the current three-year contract amount by $1,000,000 for a new contract total not to exceed $1,900,000.

18. Authorize the General Manager to execute amendments to the contracts for real estate acquisition services as needed with the following firms: Briggs Field Services, Paragon Partners, Dubray Land Services, Universal Field Services, Cutler and Associates; and Linda Norwood, removing the ceiling of $250,000 for individual contracts and increasing the current total contract amount of $1,350,000 to $2,662,500 for all six contracts. The term of the agreements will remain five years for each contract.

19. Authorize the General Manager to execute Amendment No. 1 to the Agreement with Sanchez Kamps Associates for Graphic Design Services for the Phase II Light Rail Transit (LRT) Signage Program increasing the approved contract amount by $126,812 for a new value of $217,182.

REGULAR AGENDA

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON'S REPORT - Woody

20. Authorize the General Manager to execute contracts and future extensions thereof with the following law firms that specialize in construction law and litigation: Atkinson, Andelson, Loya, Ruud & Romo; Bell, Rosenberg & Hughes LLP; Gutierrez & Associates; Quadros & Johnson; Sheppard, Mullin, Richter & Hampton; Stringfellow & Associates. 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.

21. Adopt the amended Appendix of Designated Positions and Disclosure Categories of the Conflict of Interest Code for the Santa Clara Valley Transportation Authority (VTA) and direct the Board Secretary to forward the revised list of designated positions to the Santa Clara County Board of Supervisors for approval.

22. Authorize the General Manager to execute a contract amendment with SAP/SCS America in the amount of $146,800 and further authorize the General Manager to execute additional amendments up to $400,000 for a new contract amount not to exceed $13,843,664.

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

23. Approve the programming of $28.1 million in State Transportation Improvement Program (STIP) Funds to the Tasman East Light Rail project in order to release Measure B funds from the Tasman East Light Rail project to maximize the flexibility in funding other transportation projects.

24. Approve the Valley Transportation Plan 2020 (VTP 2020) Roadway Evaluation Methodology.

25. Approve the VTP 2020 Transit Project Evaluation Methodology.

TRANSIT PLANNING AND OPERATIONS COMMITTEE
CHAIRPERSON'S REPORT - Matthews

26. Authorize the General Manager to execute a contract for the purchase of up to 52 new 40-foot low floor buses and related equipment to the lowest responsible bidder, Gillig Corporation, for up to $16,550,000. A portion of this procurement is federally funded.

OTHER ITEMS

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

28. LEGISLATIVE REPORT (Verbal Report)

29. REPORTS FROM ADVISORY COMMITTEES

30. 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)

31. 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

32. REPORT FROM THE CHAIRPERSON (Verbal Report)

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

33. REPORT FROM THE GENERAL MANAGER (Verbal Report)

34. ANNOUNCEMENTS

35. CLOSED SESSION

A. Conference with Real Property Negotiator
[Government Code Section 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)]

Santa Clara County Transit District v. Varni, et al. (Santa Clara
County Superior Court Case No. CV 762712--Complaint in Eminent
Domain)

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. Anticipated Litigation-Conference with Legal Counsel
[Government Code Section 54956.9(b)]

RECONVENE TO OPEN SESSION

36. CLOSED SESSION REPORT

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