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Board of Directors Meeting

March 01, 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/ROLL CALL

2. ORDERS OF THE DAY

3. AWARDS AND COMMENDATIONS

A. Employees of the Month

B. Team Award

C. 2000 VTA Chairperson Blanca Alvarado

D. VTA Adopt-A-Stop Volunteers

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.

5. Hearing – Notice of Intention to Adopt a Resolution of Necessity – Caltrain Maintenance Facility Project (2/3 Vote Required for Adoption)

Close hearing and adopt a Resolution of Necessity in connection with the Caltrain Maintenance Facility 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/Rail Surveyors Project Number/Parcel Number

Core Location/RS00-0139/259-26-010-1, 259-26-010-2, 259-26-010-3, 259-26-010-4

CONSENT AGENDA

6. Approve the Minutes of the Regular Board of Directors’ Meeting of February 8, 2001.

ADMINISTRATION AND FINANCE COMMITTEE

7. Approve the following appointments and re-appointments to the Citizens Advisory Committee: Elizabeth Zimmermann representing West Valley Cities.

8. Approve the following appointments and re-appointments to the Bicycle Advisory Committee: New Appointments: Ken Olcott representing Los Altos Hills.

9. Approve the appointment of Sharon Umemoto, representing Santa Clara County Office of Education, Special Education Department, to fill an existing vacancy on the Committee for Transit Accessibility in the Human Services Category for a two-year term.

10. Adopt an oppose position for the following pieces of legislation: AB 37 (Strickland) – Sales Tax on Gasoline.

11. Authorize the General Manager to execute a contract with the Metropolitan Transportation Commission (MTC) for an FY2000/2001 Transportation for Livable Communities (TLC) Grant in the amount of $20,000, for conceptual design and engineering of the River Oaks/Guadalupe River Bicycle/Pedestrian Bridge and Path.

12. Adopt a resolution authorizing the General Manager to execute a Transit and Highway Master Agreement and Program Supplement with the California Department of Transportation to receive future State transportation funds.

13. Authorize the General Manager to amend the existing three-year contract with Pinkerton Security (Pinkerton) for armed and unarmed security and protective services by an additional $2,400,000 for a new total in the amount of $12,800,000. Further, extend the term of the existing contract by two one-year renewable options.

14. Authorize the General Manager to execute an amendment to the Capitol Corridor Intercity Rail Service Joint Powers Agreement regarding the Capitol Corridor Joint Powers Board (CCJPB) budget adoption schedule.

15. Authorize the General Manager to execute an amended and restated Cooperative Agreement with the Altamont Commuter Express Joint Powers Authority (ACE) and the Peninsula Corridor Joint Powers Board (PCJPB) for ACE use of a section of Caltrain track, a layover area and two Caltrain stations.

16. Adopt a resolution authorizing the General Manager to execute fund transfer agreements with the State of California Department of Transportation (Caltrans) for Fiscal Years 2000/2001 and 2001/2002 State Transportation Improvement Program (STIP) Planning, Programming and Monitoring Program.

17. Authorize the General Manager to purchase the following insurance for the Highway Program for a total amount not to exceed $9,600,000: Workers Compensation, General Liability and Excess Liability insurance coverage for an Owner Controlled Insurance Program (OCIP) from TIG, Royal Insurance Company of America and Westchester Fire Insurance Company; Builder’s Risk Insurance from Zurich American, Railroad Protective Liability from TIG; and Contractor’s Pollution Liability from American International Group (AIG).

18. Authorize the General Manager to increase the Capital Budget by $8,050,000 to implement an agency-wide information system to manage capital construction projects, and further authorize the General Manager to amend existing contracts with the following Bay Area companies that are currently providing VTA with Information Services Support: Hal Kinnion, Modis, Systems Consulting Consortium, Transnational Computer Technology, Compaq, F1, Playatec, Brightstar, and ProsourceXL.

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

19. Authorize the General Manager to execute Amendment No. 1 to the agreement with HSR, Inc., for hazardous waste removal services augmenting the contract amount by $200,000 for a total contract value of $651,479.

20. Authorize the General Manager to execute a contract with R&L Brosamer, Inc., the lowest responsible bidder, in the amount of $37,225,497 for construction of Civil, Track, Signaling and Landscaping improvements, for the Capitol Light Rail Project.

21. Authorize the General Manager to execute a contract with Tennyson Electric, Inc., the lowest responsible bidder, in the amount of $309,000 for construction of the Tasman West Light Rail Project - Electrical Completion Contract. The Tasman West Project is 75 percent federally funded.

22. Authorize the General Manager to execute a contract with Graniterock, Inc., in the amount of $272,685 for the construction of Ellis/US 101 ramps and traffic signals on the Tasman West Light Rail Project. The Tasman West Project is 75 percent federally funded.

23. Authorize the General Manager to execute a contract with Commuter Associates to provide project management services for the Line 22 Bus Rapid Transit (BRT) Project for a cost not to exceed $300,000.

24. Authorize the General Manager to execute Amendment No. 3 with Yvette Xu, dba YX Engineering for Project Management Services for the Passenger Facilities Expansion Unit, increasing the approved contract amount by $50,000 for a new value not to exceed $147,750 and extending the term by four months to June 30, 2001.

25. Authorize the General Manager to execute a contract with Aram Enterprises, Inc., dba A.R. Construction Co., the lowest responsible bidder for the Shop Building Expansion for the Guadalupe Light Rail Vehicle (LRV) Facility Expansion Project in the amount of $11,385,448. This contract is 56% federally funded.

REGULAR AGENDA

ADMINISTRATION AND FINANCE COMMITTEE

CHAIRPERSON’S REPORT – JP Kennedy

*26. 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, and to include the purposes specified in Measure A for which the tax may be used. (Second and Final Reading of Ordinance) (2/3 Vote Required for Approval)



27. Approve the 1996 Measure B baseline scope, baseline schedule and baseline cost estimate for the Route 880 Widening Project, in accordance with Article V – Project Definition of the Master Agreement with the County of Santa Clara; and authorize the General Manager to amend the project budget to $60.4 million and forward the recommended project budget to the County Board of Supervisors for approval.

28. Approve the 1996 Measure B baseline scope, baseline schedule and baseline cost estimate for the Route 101 Widening Project, in accordance with Article V – Project Definition of the Master Agreement with the County of Santa Clara.

29. Increase the capital budget by $225,000,000 and further authorize the General Manager to amend the contract with Kinkisharyo International LLC to reduce the option quantity purchase price by $301,000 per low-floor light rail vehicle and increase the option quantity from 20 to 70 vehicles and elect to execute the option quantity; and, further authorize the General Manager to negotiate a restructuring or termination or transfer (or combinations thereof) of the 1987 Safe Harbor Lease (TBT) and 1998 U.S. Leverage Lease Transaction (LILO) on the existing 50 UTDC light rail vehicles (LRV).

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

CHAIRPERSON’S REPORT - Nadler

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 – D Kennedy

30. Adopt a Resolution finding that the procurement of Systemwide Signaling and Communication Equipment for the Tasman East, Vasona, and Capitol Light Rail Projects through competitive negotiation is appropriate, as provided in Public Contract Code � 20306.

31. Authorize the General Manager to execute a contract with Earth Tech for the preparation of the VTA South Bay Transit Corridor Major Investment Study/Environmental Impact Statement/Environmental Impact Report (MIS/EIS/EIR) in an amount not to exceed $6,507,690.

32. Receive and file the April 2001 Service/Staffing Balancing Plan.

OTHER ITEMS

33. Authorize the General Manager to execute a contract amendment with Cambridge Systematics for the Valley Transportation Plan 2020 (VTP 2020) Implementation Plan. (Evanhoe)

34. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

35. LEGISLATIVE REPORT (Verbal Report)

36. REPORTS FROM ADVISORY COMMITTEES

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

A. Peninsula Corridor JPB

B. Capitol Corridor JPB

C. Altamont Commuter Express (ACE) JPB

D. Metropolitan Transportation Commission (MTC)

38. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A. Tasman/Capitol Light Rail PAB

B. Vasona Light Rail PAB

C. South Bay Transit Corridor PAB

D. Caltrain PAB

E. Downtown/East Valley PAB

39. REPORT FROM THE CHAIRPERSON (Verbal Report)

40. REPORT FROM THE GENERAL MANAGER (Verbal Report)

41. ANNOUNCEMENTS

42. CLOSED SESSION

A. Conference with Legal Counsel - Existing Litigation

[Government Code Section 54956.9(a)]

Santa Clara Valley Transportation Authority v. Luh

(Santa Clara County Superior Court Case No. CV 788377)

Conference with Legal Counsel - Existing Litigation

[Government Code Section 54956.9(a)]

ATU Local 265 & Tom Loproto v. SCCTD

(Santa Clara County Superior Court Case No. 786193)

C. Conference with Legal Counsel – Anticipated Litigation

[Government Code Section 54956.9(b)(1)]

Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (1): One potential case.

Announcement by PG&E that it will not underground utilities on Capitol Avenue in the Cities of San Jose and Milpitas.

RECONVENE TO OPEN SESSION

43. CLOSED SESSION REPORT

44. ADJOURN