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Board of Directors Meeting

December 14, 2000
9:00 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.

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. Hearing – Notice of Intention to Adopt a Resolution of Necessity –
Capitol Light Rail Project (2/3 Vote Required for Adoption)

Close hearing and adopt Resolutions of Necessity in connection with the Capitol 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. 7626/Deleon, Mildred & Robert et al./APN: 591-23-035
2. 7628/Ojascastro, Jovita/APN: 591-23-034
3. 7653, 7655, 7657/Messina Trust/APN: 254-06-036, 254-06-037, 254-06-039
4. 7663/Barbaccia, Cyril G. et al/APN: 254-06-018
5. 7673/Itchhaporia, Jayvadan N. & Tarunika J./APN: 254-40-014
6. 7691, 7693, 7701, 7705/Roem Development Corporation/APN: 484-44-003, 484-44-057, 484-44-011, 484-44-012
7. 7700/Reisman, Irving & Florence Trustee/APN: 484-19-095
8. 7729/Passafuime, Frank R & Angeline L./APN: 254-21-162
9. 7742/Santora, Ralph & Henry, et al/APN: 484-20-026
10. 7799/Laidlaw, Lawrence T. & Magdalena/APN: 484-45-060

Hearing – Notice of Intention to Adopt a Resolution of Necessity –
Vasona Light Rail Project (2/3 Vote Required for Adoption)

C. Close hearing and adopt Resolutions of Necessity in connection with the Vasona 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. V002/Cimino, Robert R. & Arlene G./APN: 259-46-036
2. V011/Schlosser, et al./APN: 259-38-113 through 117
3. V017/Primera Iglesia Bautista Baptist Church/APN: 259-46-106
4. V027/Stokes Development Company/APN: 282-26-005

5. Adopt a resolution selecting the diesel fuel path in compliance with the California Air Resources Board (CARB) Fleet Rule for Urban Transit Bus Operators. Implement a bus procurement program that shifts from a low-emission diesel bus fleet to a Zero-Emission Bus (ZEB) fleet (fuel cell technology). This entails exercising the existing contract options to purchase 198 additional low-emission diesel buses, and purchasing ZEBs beginning in FY 2005 and each subsequent bus purchase. Further, during the transition to a ZEB fleet, minimize emissions through the use of low-sulfur diesel fuel and the installation of particulate filters on low-emission diesel buses.

CONSENT AGENDA

6. Approve the Minutes of the Regular Board of Directors’ Meeting of November 2, 2000.

ADMINISTRATION AND FINANCE COMMITTEE

7. Approve the amendments to Bicycle Advisory Committee Bylaws.

8. Approve the appointments and re-appointments to the Bicycle Advisory Committee.

9. Approve the appointment of Marjorie Jensen, representing Silicon Valley Independent Living Center, to fill an existing vacancy on the Committee for Transit Accessibility in the Human Services Category for a two-year term.

10. Authorize the General Manager to submit FY 2000 and FY 2001 Section 3037 Job Access and Reverse Commute grant applications to the Federal Transit Administration (FTA), execute the grant agreements and amend the existing agreement with VTA’s sub-grantee, Outreach and Escort Inc. (OUTREACH).

11. Authorize the General Manager to submit the Federal Fiscal Year 2001 Section 5307 Urbanized Area Formula Program, Surface Transportation Program (STP), Transportation Livable Communities (TLC), Congestion Mitigation and Air Quality (CMAQ), Intelligent Transportation System (ITS), and Section 5309 Fixed Guideway grant applications to the Federal Transit Administration (FTA), and to execute the grant agreements when received from FTA.

12. Authorize the General Manager to execute a contract with CH2Mhill for conceptual, preliminary engineering and final design of Highway 17 – South Project, including the braided ramp from southbound Route 85 to southbound Highway 17 and the direct connector ramp from northbound Highway 17 to northbound Route 85, in an amount not to exceed $2,900,000.

13. Approve the indicated Prime Consultants and Sub-consultants selected to perform planning, preliminary engineering and final design engineering on Highway Program projects.

14. Authorize the General Manager to amend the contract with MK Centennial, Inc., for preliminary engineering and final design of the Highway 17 – North Project, a 1996 Measure B Transportation Improvement Program project, including the Auxiliary Lane from Camden Avenue to Hamilton Avenue and improvements at White Oaks, increasing the approved contract by $2,075,000 for new value not to exceed $2,525,000.

15. Authorize the General Manager to execute Master Agreements with Pacific Bell and Pacific Gas & Electric for relocation of Pacific Bell and Pacific Gas & Electric facilities required by the 1996 Measure B Transportation Improvement Program and other highway projects.

16. Adopt a resolution authorizing the General Manager to submit applications for projects included in the Governor Davis’ 2000 Traffic Congestion Relief Plan (TCRP) and authorize the General Manager to execute cooperative and fund transfer agreements with the California Department of Transportation (Caltrans) and the California Transportation Commission (CTC).

17. Approve the revised Investment Policy to invest in A-Rated Medium-Term Corporate Notes and further approve the clarification to the Retiree Health Care Program Policy.

18. Authorize the General Manager to execute a five year fee contract with Aon Risk Services of Northern California (Aon) for insurance brokerage, administration, and safety services associated with an Owner-Controlled Insurance Program (OCIP) for the Highway Program in the amount of $1,247,490.

19. Authorize the General Manager to execute an amendment to the Appraisal Services Agreement with the firm of Hulberg & Associates, Inc., to add $125,000, for a new not-to-exceed contract value of $300,000.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

20. Approve a programming strategy and project priorities for Revenue Aligned Budget Act (RABA) Pavement Management Funds.

21. Approve the indicated projects as the 1996 Measure B Transportation Improvement Program Route 152 Project and forward the list to the Santa Clara County Board of Supervisors for approval; and direct the General Manager to execute the necessary agreements with the City of Gilroy for implementation of the project segments that are to be jointly funded with the City of Gilroy.

TRANSIT PLANNING AND OPERATIONS COMMITTEE

22. Authorize the General Manager to execute a contract amendment with Parsons Brinckerhoff Quade & Douglas for final design and design support services during construction of the Vasona Light Rail Project in an amount not to exceed $4,100,000 for a new contract amount of $23,545,849.

23. Authorize the General Manager to execute a contract with Stacy & Witbeck, Inc., the lowest responsible bidder, in the amount of $19,760,486 for construction of the Tasman East Light Rail Project - I-880 to Hostetter Civil, Track & Landscaping improvements. This contract is 88% federally funded.

24. Authorize the General Manager to execute a Cooperative Agreement where VTA will act as the purchasing agent for new locomotives and bi-level commuter rail cars on behalf of the Peninsula Corridor Joint Powers Board (PCJPB).

25. Authorize the General Manager to extend the terms of the contracts with Geocadd Surveys, Aero-Geodetic Corporation, and Towill, Inc., for aerial photography services; extending the terms of each of the three contracts by an additional two years.

26. Authorize the General Manager to amend the contracts with URS, Psomas, and the County of Santa Clara for right-of-way engineering and survey services; increasing the approved three-year URS and Psomas contract amounts by $400,000 each for new three-year contract totals not to exceed $1,300,000 and increasing the County Roads & Airports approved three-year contract amount by $200,000 for a new three-year contract total not to exceed $1,100,000.

27. 1) Certify that the Initial Study for the 1996 Measures A+B Transportation Improvement Program Consolidated Biological Mitigation Project: a. meets the requirements of the California Environmental Quality Act (CEQA); b. represents the independent judgment of VTA as Lead Agency; and, c. was presented to the Board of Directors and that they reviewed and considered it; 2) With the Initial Study as the basis for decision making, give consideration to adoption of a Mitigated Negative Declaration; 3) Adopt a Mitigated Negative Declaration; 4) Adopt a mitigation monitoring plan; 5) Approve the project; and, 6) Authorize the General Manager to approve future amendments to the mitigation monitoring plan consistent with measures negotiated with stakeholders and required by regulatory agencies to finalize the plan.

28. Authorize the General Manager to increase the Construction Inspection Services approved total amount by $2,500,000 for a new total not to exceed $5,500,000 for inspection services provided by the following eight firms: Carter and Burgess, Inc.; Cooper Pugeda Management, Inc./EPC Consultants, Inc.; URS Corporation; Kleinfelder, Inc.; CRSS Constructors, Inc.; APC International, Inc.; Harris & Associates, Inc.; and, Design Engineers Group.

29. Authorize the General Manager to execute a Purchase Agreement in the amount of $2,497,500, allowing for the purchase of land necessary for the Vasona Light Rail Project, civil construction contract C345, Vasona Tunnel Segment (parcels V020, V022 and V039) from Union Pacific Railroad Company.

REGULAR AGENDA

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON’S REPORT - Woody

30. Adopt a resolution to modify the fare structure for the Caltrain with Dumbarton and Highway 17 Express Eco Pass service option effective January 1, 2001.

31. Approve the indicated projects as the 1996 Measure B Transportation Improvement Program Route 152 Project and forward the list to the Santa Clara County Board of Supervisors for approval; and direct the General Manager to execute the necessary agreements with the City of Gilroy for implementation of the project segments that are to be jointly funded with the City of Gilroy.

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

32. Adopt the Valley Transportation Plan 2020 (VTP 2020) as Santa Clara County’s Long-Range Countywide Transportation Plan.

TRANSIT PLANNING AND OPERATIONS COMMITTEE
CHAIRPERSON’S REPORT - McHugh

33. Authorize the General Manager to execute a contract amendment with Carter Burgess, Inc., for final design and utility coordination services during construction of the Capitol Light Rail Project in an amount not to exceed $2,300,000 for a new contract amount of $15,800,000.

OTHER ITEMS

34. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

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

36. LEGISLATIVE REPORT (Verbal Report)

37. REPORTS FROM ADVISORY COMMITTEES

38. 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)

39. 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

40. REPORT FROM THE NOMINATING COMMITTEE (Verbal Report) (Alvarado)

41. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON. (Weymouth)

42. REPORT FROM THE CHAIRPERSON (Verbal Report)

43. REPORT FROM THE GENERAL MANAGER (Verbal Report)

44. ANNOUNCEMENTS

45. CLOSED SESSION
A. Existing Litigation – Conference with Legal Counsel
[Government Code Section 54956.9(a)]

Amoit vs. Santa Clara Valley Transportation Authority
(Santa Clara County Superior Court Case No. DC-97351439)

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

Employee Organization:
Amalgamated Transit Union (ATU)
Agency Designated Representatives:
Kaye Evleth, Director of Human Resources
Frank T. Martin, Director of Operations
Candice Gonzalez, Manager, Office of Civil Rights

C. Public Employee Performance Evaluation
[Government Code Section 54957]

Title: General Manager
Title: General Counsel

RECONVENE TO OPEN SESSION

46. CLOSED SESSION REPORT

ADJOURNMENT to the VTA Board of Directors Workshop scheduled for Friday, December 15, 2000, at 8:30 a.m., San Jose Hyatt, 1740 North First Street, San Jose, California and subsequently, to the Regular Meeting of the Board of Directors scheduled for Thursday, January 4, 2001, at 6:00 p.m. in the Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, San Jose, California.