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Board of Directors Meeting

January 11, 2001
6:00 PM

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

2. Administer Oaths of Office to newly appointed Board Members.

3. ROLL CALL

4. ORDERS OF THE DAY

5. COMMENTS FROM NEWLY ELECTED CHAIRPERSON

A. Approve Board Standing Committee Appointments.

B. Approve Appointments to the Joint Powers Boards for Regional Rail Services.

C. Approve Appointments to the VTA Policy Advisory Boards.

D. Adopt the Year 2001 Board of Directors Meeting Calendar.

6. AWARDS AND COMMENDATIONS

A. Employees of the Month

7. 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 – Notices of Intention to Adopt Resolutions 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. 7653, 7655, 7657/Messina Trust/APN: 254-06-036, 254-06-037, 254-06-039
2. 7686/Braddock & Logan Group II, L.P./APN: 484-15-009
3. 7687, 7689/Sodhi, Hoshiar S./APN: 484-44-008, 484-44-005
4. 7699/FFCA & IIP 1985 Property Company/APN: 484-43-107
5. 7756/Gordillo, Natalia/APN: 484-23-036

C. Hearing – Notices of Intention to Adopt Resolutions of Necessity – Vasona Light Rail Project (2/3 Vote Required for Adoption)

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. V003/Spielbauer, Dennis/APN: 259-46-037
2. V007, V009/SJW Land Company/APN: 259-38-129 & 259-38-131, 259-38-042, 259-38-047, 259-38-048, 259-38-049, 259-38-050, 249-38-086, & 259-38-111

CONSENT AGENDA

ADMINISTRATION AND FINANCE COMMITTEE

8. Approve the following appointments and reappointments to the Bicycle Advisory Committee: New Appointments: Marc Jensen representing the Town of Los Gatos.

9. Approve a leave of absence for Maryjane Naughten, Committee Member for Transit Accessibility, representing Group I (San Jose) from October 1, 2000 through December 31, 2000.

10. Approve the re-appointments of David Julian, Maureen Lonegan, Frederico Orillaneda, Barbara Rhodes and Randy Tamez to serve a two-year term on the Committee for Transit Accessibility.

11. Authorize the General Manager to amend the legal services contract with McCutchen, Doyle, Brown & Enersen, increasing the authorized amount by $100,000, for a new, not-to-exceed value of $200,000.

12. Authorize the General Manager to execute a cooperative agreement with the City of San Jose that specifies the funding and project development responsibilities of the I-880/Coleman Avenue Interchange project; and authorize the General Manager to amend the Fiscal Year 2001 Budget to incorporate this project.

13. Authorize the General Manager to execute a three-year agreement with options for renewal for up to five years to Compaq Computer Corporation for full network support of the VTA local and wide area network in an amount not to exceed $1,990,000 over the life of the contract.

14. Authorize the General Manager to execute an amendment to the 1996 Measure B Transportation Improvement Program (MBTIP) Master Agreement (Agreement), with the Santa Clara County Board of Supervisors to add implementation procedures for the Measure B Caltrain Improvement Plan and revise provisions relating to project contingencies.

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

15. Authorize the General Manager to execute a Master Cooperative Agreement with the California Department of Transportation (Caltrans) covering construction of the Vasona Light Rail Project.

16. Authorize the General Manager to execute the Cost Sharing Agreement with the City of San Jose for construction work to be included as a part of the Tasman East/Capitol Light Rail Projects.

17. Authorize the General Manager to execute a contract with Korve Engineering for preparation of Conceptual Engineering (CE) for projects included in the Downtown/East Valley Preferred Investment Strategy in an amount not to exceed $3,101,162.

18. Establish the South Bay Transit Corridor Policy Advisory Board (PAB) and request that the VTA Board, the cities of Milpitas, San Jose and Santa Clara, the County of Santa Clara and the Alameda County Congestion Management Agency (ACCMA) and/or Alameda County Transportation Improvement Authority (ACTIA) designate their appointees to the PAB.

19. Approve the increase in the number of Americans with Disabilities Act (ADA) Paratransit Subscription trips by 200 per day, from a fixed amount of 1,000 subscription trips to a fixed amount of 1,200 per day and review quarterly.

REGULAR AGENDA

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON’S REPORT

20. Authorize the General Manager to amend the existing contract with the County of Santa Clara for law enforcement services provided by the Santa Clara County Sheriff’s Department for a period of five additional years for a total amount not to exceed $24,000,000.

21. Augment the Fiscal Year 2001 Capital Budget by adding $20.5 million for the Winchester Extension to the Vasona Light Rail Project and approve the funding plans that reimburse VTA with contributions from State Transportation Improvement Program (STIP) funds and State general funds; and, further authorize the General Manager to execute an agreement with the City of Campbell to contribute funding of $500,000.

22. Adopt a Retail Transactions and Use Tax Ordinance, in the form attached hereto, which imposes (a) a tax for the privilege of selling tangible personal property at retail upon every retailer in Santa Clara County, the territory of VTA, at the rate of one-half of one percent of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in the territory of VTA, and (b) a complimentary tax upon the storage, use, or other consumption in Santa Clara County, the territory of VTA, at the rate of one-half of one percent of the sales price of the property whose storage, use, or other consumption is subject to the tax, for a period not to exceed 30 years, and to take effect on April 1, 2006, upon the expiration of the current County of Santa Clara 1996 Measure B � cent sales tax. (2/3 Vote Required for Adoption)

23. Approve the 2001 State Legislative Program for VTA.

24. Approve the 2001 Federal Legislative Program for VTA.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE
CHAIRPERSON’S REPORT

There were no items submitted for the Regular Agenda by the Congestion Management Program and Planning Committee.

TRANSIT PLANNING AND OPERATIONS COMMITTEE
CHAIRPERSON’S REPORT

25. Authorize the General Manager to execute a contract with Condon - Johnson & Assoc., Inc., the lowest responsible bidder, in the amount of $23,747,749 for construction of the Vasona Light Rail Project - San Jose Diridon Tunnels.

26. Authorize the General Manager to execute a contract with L.B. Foster Company, the lowest responsible bidder, in the amount of $2,148,631 to procure special trackwork for the Tasman East, Capitol and Vasona Light Rail Projects.

27. Authorize the General Manager to execute a contract with L.B. Foster Company, the lowest responsible bidder, in the amount of $2,641,130 to procure running rail for the Capitol and Vasona Light Rail Projects.

OTHER ITEMS

28. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

A. Evaluation of Board of Directors’ Per Diem.

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

30. LEGISLATIVE REPORT (Verbal Report)

31. REPORTS FROM ADVISORY COMMITTEES

32. REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS (Verbal Report)

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)

33. REPORTS FROM VTA POLICY ADVISORY BOARDS (Verbal Report)

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

34. REPORT FROM THE CHAIRPERSON (Verbal Report)

35. REPORT FROM THE GENERAL MANAGER (Verbal Report)

36. ANNOUNCEMENTS

37. CLOSED SESSION

A. 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
Scott Buhrer, Chief Financial Officer
Candice Gonzalez, Manager, Office of Civil Rights

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

Homer J. Olsen, Inc., v. Santa Clara Valley Transportation Authority
(Santa Clara County Superior Court Case No. CV 785402) (six consolidated cases)

RECONVENE TO OPEN SESSION

38. CLOSED SESSION REPORT

ADJOURNMENT to the Board of Directors’ Workshop scheduled for Friday, January 26, 2001, at 8:30 a.m., in the Mediterranean Center, Castillian/Granada Rooms, at the San Jose Hyatt, 1740 North First Street, San Jose, California, and subsequently, to the Regular Meeting of the Board of Directors scheduled for Thursday, February 1, 2001, at 6:00 p.m., in the Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, San Jose, California.