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Board of Directors Meeting

May 03, 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

Employees of the Month

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 – 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

7640 (CP021)/East Side Union High School District/APN: 592-01-014

6. 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

7691, 7693, 7701, 7705 (CP061, CP062, CP147, CP148)/Roem Property/APN: 484-44-003, 484-44-057, 484-44-011, 484-44-012

7. Hearing – Notice of Intention to Adopt a 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 from six owners for the civil construction contracts C325 Downtown and C326 San Jose/Campbell segments, 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. V008/Leo J. Bianchi/APN: 259-38-044
2. V041-01, V041-02/Fainbarg et al/APN: 279-32-001
3. V058-01, V058-02/Sobrato Group/APN: 264-06-092
4. V059-01, V059-02, V059-03/Green Valley Corporation, et al/APN: 264-08-057
5. V060-01, V060-02, V060-03/Kovich Properties, L. P./APN: 264-07-075, 264-07-076
6. V072-01, V072-02/Pacific Gas and Electric Company/APN 282-24-002

CONSENT AGENDA

8. Approve the Minutes of the Regular Board of Directors’ Meeting of April 5, 2001.

ADMINISTRATION AND FINANCE COMMITTEE

9. Receive and file the 2001 First Quarter Attendance Report for VTA Board of Directors, VTA Board Standing Committees and VTA Board Advisory Committees.

10. Approve a leave of absence for Thomas Slack, Committee Member for Transit Accessibility, representing Group II (Los Altos, Los Altos Hills, Mountain View, Palo Alto and Santa Clara) through May 31, 2001.

11. Approve the following appointments and/or re-appointments to the Citizens Advisory Committee, Dolores “Dolly” Sandoval of Cupertino representing Environmental and Cynthia James of Los Gatos representing the County of Santa Clara.

12. Authorize the General Manager to execute an Agreement for Dedication with Castle South LLC, a California limited liability company, covering approximately 0.107 acres or 4,656 square feet of surplus land located south of San Fernando Street and west of Peninsula Corridor Joint Powers Board Diridon Train Yard in San Jose for no less than $117,100 ($25.15 per square foot).

13. Authorize the General Manager to enter into an agreement with the Oracle Corporation for the purpose of establishing a site license for five years in an amount of $1,395,000.

14. Authorize the General Manager to execute a three-year contract with Macias, Gini & Company LLP to provide financial and compliance audit services to the Authority at a cost of $406,199. Further authorize the General Manager to extend the contract for two additional one-year terms at a total price not to exceed $350,000 for both years.

15. Authorize the General Manager to purchase insurance coverage from ICW Group, Zurich American Insurance Group, the National Flood Insurance Program, Caliber One Indemnity Company, Specialty Surplus Insurance Company, Royal Indemnity, Great American, Fidelity & Deposit, and Continental Casualty Company, in an amount not to exceed $818,000 for FY 2001/02 insurance coverages.

16. Authorize the General Manager to execute a Cooperative Agreement with the California Department of Transportation (Caltrans) covering construction of the 1996 Measure B Transportation Improvement Program – Route 85/87 Interchange Completion Project.

17. Authorize the General Manager to amend the contract with URS Corporation for preliminary engineering, environmental clearance and final design of the I-880/Coleman Avenue Interchange Project, increasing the approved contract by $4,587,755 for a new not to exceed total contract value of $4,677,755 and extending the contract term to December 2002.

18. Authorize the General Manager to execute a Master Agreement with the California Highway Patrol for Traffic Control Services during construction of the 1996 Measure B Transportation Improvement Program Highway Projects, for an amount not to exceed $910,000 and an agreement term extending through December 31, 2005.

19. Authorize the General Manager to execute a Cooperative Agreement with the California Department of Transportation (Caltrans) covering construction of the 1996 Measure B Transportation Improvement Program – Route 101 Widening Project.

20. Authorize the General Manager to amend the contract with Valley Highway Associates for Program Management, Project Controls and Construction Management services for the VTA Highway Program, increasing the approved contract by $5,755,000 for a new not to exceed contract value of $7,255,000 and extending the term of the contract by one year from July 1, 2004 to June 30, 2005.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

21. Approve project priorities for the 2001/02 Countywide Transportation Development Act (TDA) Article 3 Program and approve rescind/reallocation requests.

22. Approve programming $2.3 million in Transportation Fund for Clean Air Program Manager (TFCA 40%) funds to projects in the Fiscal Year 2001/02 Cycle and to the Tier 1 Bicycle Expenditure Program.

23. Approve distribution of the Draft Fiscal Year 2001-02 Congestion Management Program Work Program, Budget and Member Agency Fees to Member Agencies for review and comment.

TRANSIT PLANNING AND OPERATIONS COMMITTEE

24. Authorize the General Manager to amend the contract with Stacy and Witbeck, Inc., for Baypointe Track, Station, and Overhead Contact System (OCS) construction, by an amount of $109,594 in order to resolve all outstanding contract changes, for a revised contract amount of $9,254,525. The project is 10 percent federally funded.

25. Authorize the General Manager to execute a contract with George Bianchi Construction, Inc., the lowest responsible bidder, in the amount of $591,403 for construction of the Tasman West Light Rail Project – Completion Contract Phase II. The Tasman West Project is 75 percent federally funded.

26. Authorize the General Manager to execute a contract with Bond Blacktop, the lowest responsive and responsible bidder, for replacement paving maintenance and repair of all VTA parking lots and roadways. The term of the contract is three years with two one-year options at an estimated annual cost of $190,000, for an estimated contract total in the amount of $950,000 over five years.

27. Authorize the General Manager to execute a contract with Pacific Weathershield, the lowest responsive and responsible bidder, for repairs and maintenance of roofing on all VTA buildings and structures. The term of this contract is three years with two one-year options at an estimated annual cost of $100,000 for the first year and an estimated $150,000 for each successive year, for a total estimated contract amount of $700,000 over five years.

REGULAR AGENDA

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON’S REPORT – Jane P. Kennedy

28. Adopt a Resolution authorizing the General Manager or Chief Financial Officer to take all necessary steps for VTA to issue bonds through a negotiated or competitive bid process in an amount not to exceed $200,000,000; and further authorize the General Manager to request that Santa Clara County redesignate certain 1996 Measure B Transportation Improvement Program (MBTIP) capital expenditures to fund 70 low-floor light rail vehicles.

28.X. Adopt a Resolution authorizing the General Manager or Chief Financial Officer to take all necessary steps for VTA to issue bonds through a competitive bid process in an amount not to exceed $200,000,000; authorize the General Manager to execute a contract extension with Orrick, Herrington & Sutcliffe LLP, for bond and disclosure counsel services related to the bond financing, in an amount not to exceed $120,000; authorize the General Manager to execute a contract with Ross Financial for financial advisory services related to the bond financing, in an amount not to exceed $55,000; authorize the General Manager to incur ancillary debt financing costs not to exceed $225,000; and further commit VTA, as the Congestion Management Agency, to secure appropriate non-Measure B funding for a Countywide Expressway Study in an amount of not less than $1,000,000 but not to exceed $2,000,000. (Buhrer)

29. Adopt a support position for the following pieces of legislation: AB 227 (Longville) – Transportation funding; AB 381 (Papan) – Transit-oriented development; AB 631 (Oropeza) – Statewide Transportation needs assessment; ACA 9 (Dutra) – Transportation funding; and SB 10 (Soto) – Safe Routes to Schools Program.

30. Authorize the General Manager to execute a contract in the amount of $42,270,126 with Desilva Gates  Harris, A Joint Venture of Desilva Gates Construction and R.M. Harris Company, the lowest responsible bidder, for construction of the I-880 Widening project, a 1996 Measure B Transportation Improvement Program project. This project is 28 percent federally funded.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE
CHAIRPERSON’S REPORT – Judy 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 – Dennis Kennedy

31. Authorize the General Manager to execute a contract amendment with Parsons Brinckerhoff Quade & Douglas in an amount not to exceed $1,000,000 for a 65 percent design submittal of an alternative Hamilton Avenue grade separation for a new not to exceed contract amount of $24,645,849. The General Manager will report back to the Board of Directors in August on the protest of the Hamilton Avenue at-grade crossing application by the California Public Utilities Commission.

32. Authorize the General Manager to execute contracts with EIP for the preparation of environmental documents for the Santa Clara/Alum Rock Light Rail Transit (LRT) Project in an amount not to exceed $737,834 and Jones and Stokes for the preparation of environmental documents for the Capitol Expressway LRT Project in an amount not to exceed $698,939.

33. Authorize the General Manager to execute a contract amendment with STV, Inc., for Architecture and Engineering Consultant services for the Cerone Complex Improvement Project and the Zero Emission Bus (ZEB) Demonstration Project In the amount of $570,000, for a new contract total not to exceed $1,670,000.

34. Authorize the General Manager to amend the Agreement with Outreach and Escort, Inc., to remove the compensation ceiling and authorize compensation in an amount not to exceed the approved budget for services as approved by VTA’s Board of Directors, and further, augment VTA’s operating budget for ADA Paratransit Services by $1,422,000 for Fiscal Year 2001.

OTHER ITEMS

35. Approve reprogramming of $1.6 million in Federal Surface Transportation Program (STP) funds from the City of Sunnyvale’s Wolfe/El Camino Road Widening Project. (Evanhoe)

35.X. Adopt a Resolution in support of exempting VTA and all California rail transit properties from rolling electrical blackouts, consistent with the California Transit Association Rail Operations and Regulatory (CTA ROAR) Committee’s Joint Petition, filed in response to the California Public Utilities Commission (CPUC) Order Instituting Rulemaking (OIR) #00-10-002. (Martin)

36. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

37. LEGISLATIVE REPORT (Verbal Report)

38. REPORTS FROM ADVISORY COMMITTEES

39. 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)

40. 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
F. Highway #1 South PAB

41. REPORT FROM THE CHAIRPERSON

Request to cancel the Regular Board of Directors Meeting of July 5, 2001.

42. REPORT FROM THE GENERAL MANAGER (Verbal Report)

43. ANNOUNCEMENTS

44. CLOSED SESSION

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

Santa Clara Valley Transportation Authority v. Reisman, et al.
Santa Clara County Superior Court Case No. CV 796143—Complaint in Eminent Domain)

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

Property: 1201 N. Capitol Ave.
San Jose, CA (Parcel CP 002, Capitol Light Rail Project)

Negotiating Parties: Ross Dalpre, Real Estate Manager
Otilia Moraes, Owner and Larry Sutton, Esq.

Under negotiation: Price and terms of payment

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

Stitt v. Santa Clara Valley Transportation Authority
WCAB #SFO0373940

RECONVENE TO OPEN SESSION

45. CLOSED SESSION REPORT

46. ADJOURN