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Board of Directors Meeting

May 02, 2002
6:00 PM

Board of Supervisors' Chambers
County Government Center
70 West Hedding Street
San Jose, California

Agenda

 

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  • 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. ROLL CALL

3. ORDERS OF THE DAY

4. AWARDS AND COMMENDATIONS

Employees of the Month

5. Hearing – Notice of Intention to Adopt a Resolution of Necessity – Tasman East Light Rail Project

Close Hearing and adopt a Resolution 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: (2/3 vote required for adoption)

Property ID/Owner/Assessor’s Parcel Number

5263001-A&B/Union Pacific Railroad Company/APN 086-24-035

6. Hearing – Notice of Intention to Adopt a Resolution of Necessity – Vasona Light Rail Project

Close Hearing and adopt a Resolution 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: (2/3 vote required for adoption)

Property ID/Owner/Assessor’s Parcel Number

V034/Ansok Builders Inc./APN 410-02-002

CONSENT AGENDA

7. Approve the Minutes of the Regular Board of Directors’ Meeting of April 4, 2002.

ADMINISTRATION AND FINANCE COMMITTEE

8. Adopt an oppose position for: SB 1243 (Torlakson) – MTC/ABAG Merger, SB 1262 (Torlakson) – Housing Incentive Program, SB 1491 (Perata) – Regional Transit Policy Board and SB 1827 (Torlakson) – TFCA funding.

9. Adopt a support position for: AB 1937 (Dutra) – Joint development, AB 2048 (Salinas) – Video records, AB 2181 (Dutra) – Regional gas tax, AB 2427 (Dickerson) – Right-of-way appraisal and acquisition work, AB 2582 (Chu) – HOV lane use by paratransit vehicles, AB 2788 (Longville) – PRISM Program and SB 1636 (Figueroa) – Level of service standards.

10. Adopt a Resolution designating VTA’s appointees to the VTA-ATU Pension Plan Board of Pensions and providing for appointment of an alternate member to serve in the absence of a VTA Member.

11. Authorize the General Manager to enter into an amendment to the Agreement with Ritter Project Management for Litigation Support and Document Analysis to add $100,000, for a new not-to-exceed contract value of $200,000.

12. Receive and file the Programmed Projects Quarterly Monitoring Report for January – March 2002.

13. Approve programming approximately $3.4 million in Transportation Fund for Clean Air Program Manager (TFCA 40%) funds to projects in the FY 2002/03 cycle and to the Tier 1 Bicycle Projects.

14. Approve the appointment of Chris C. Elias representing Environmental Community Interests to VTA’s Citizens Advisory Committee with a term expiration of June 30, 2004.

15. Approve the appointment of Eric Anderson representing the City of Mountain View to VTA’s Bicycle and Pedestrian Advisory Committee with a term expiration of June 30, 2002.

16. Authorize the General Manager to execute a contract with ESIS, Incorporated for Workers Compensation Third Party Administrator (TPA) claims services for a three-year term, from July 1, 2002 through June 30, 2005, with an option for two additional one-year extensions. The total three-year contract cost for claims service is not to exceed $3,922,084 and the total 5-year contract cost is not to exceed $6,931,554.

17. Certify that the Environmental Impact Report for the I-880/Coleman Avenue Interchange Improvement Project (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. Further adopt a Mitigation Monitoring and Reporting Program and approve the project.

18. Authorize the General Manager to amend the contract with Nolte Associates to add additional conceptual and preliminary engineering services and initial environmental studies for the I-680/I-880 Cross Connector Project, increasing the existing contract by $2,500,000 for a new value not to exceed $3,000,000; and authorize an additional $500,000 from the Gateway Studies Fund for this contract; and extend the term of the contract to December 2004.

19. Authorize the General Manager to execute a cooperative agreement with the Alameda County Transportation Improvement Authority (ACTIA) for funding of the I-680/I-880 Cross Connector Study.

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

20. Authorize the General Manager to execute a contract with George Bianchi Construction, Inc., the lowest responsible bidder, in the amount of $528,172 for installing temporary landings to accommodate low-floor light rail vehicles at the 27 existing Guadalupe line stations.

21. Authorize the General Manager to execute a contract with Teknet, the lowest responsive and responsible bidder for the calibration and repair of all VTA Precision Measuring Equipment (PME). The term of the contract is for five years at an annual cost of $43,980 for the first year, $45,200 for the second year, $46,420 for the third year, $47,640 for the fourth year and $48,860 for the fifth year. The total amount of the contract shall not exceed $232,100 over five years.

22. Authorize the General Manager to execute an amendment to the current Agreement with Orbital Sciences Corporation (Orbital) for the Advanced Communications System (ACS) to extend the term of the agreement at no additional cost through December 31, 2003, and to extend the agreement term up to one additional year, as necessary, for project completion.

23. Authorize the General Manager to execute a contract with Arntz Builders, the lowest responsible bidder, in the amount of $8,965,292 for the Cerone Overhaul & Repair Division Improvements for Articulated Buses Project.

24. Authorize the General Manager to execute a contract with George Bianchi Construction, Inc., the lowest responsible bidder, in the amount of $1,265,935 for construction of the Tasman East/Capitol Light Rail Projects - Completion Contract (Phase 1) improvements.

REGULAR AGENDA

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

25. Adopt a Resolution authorizing the General Manager or Chief Financial Officer to take all actions necessary to enter into a VTA Bond Debt Service Fund Forward Delivery Agreement.

26. Adopt a finding that a fare increase is necessary to meet operating expenses and to fund capital projects necessary to maintain service within the existing service area, while maintaining minimum required financial reserves; invoke a Statutory Exemption under CEQA, P.R.C. �2180(b)(8) and CEQA Guidelines �15273(a) (Rates, Tolls, Fares and Charges) for the purpose of modifying and increasing fares; and adopt a Resolution establishing new rates and fares for VTA bus, light rail, and paratransit services effective July 1, 2002.

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 - Manuel Valerio

27. Receive staff responses to public comments made during the California Environmental Quality Act (CEQA) comment period for the proposed Transit Service Reduction Plan; adopt a finding that there is a fiscal emergency, as defined by Public Resources Code (P.R.C.) �21080.32(d)(2), caused by failure of VTA revenues to adequately fund VTA programs and facilities; invoke a Statutory Exemption under CEQA, P.R.C. �21080.32 and CEQA Guidelines �15285 (Transit Agency Responses to Revenue Shortfalls) for the purpose of implementing the proposed Transit Service Reduction Plan; and approve the service modifications included in the Fiscal Year (FY) 2003 Transit Service Reduction Plan. (Forwarded to the Board Agenda without recommendation from the Committee.)

OTHER ITEMS

28. Receive and file the 1996 Measure B – Program Final Status Issue Paper. (Collins)

28.X Receive and file a Report Describing Reduction in Force Process and Activities. (Evleth)

28.X.X Approve amendments to the Santa Clara Valley Transportation Authority/Amalgamated Transit Union Pension Plan. (Evleth)

29. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

30. LEGISLATIVE REPORT

31. REPORTS FROM ADVISORY COMMITTEES

32. 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)

33. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A. Tasman/Capitol Light Rail PAB
B. Vasona Light Rail PAB
C. Silicon Valley Rapid Transit Corridor PAB
D. Caltrain PAB
E. Downtown/East Valley PAB
F. Highway PAB - South

34. REPORT FROM THE CHAIRPERSON (Verbal Report)

35. REPORT FROM THE GENERAL MANAGER (Verbal Report)

36. ANNOUNCEMENTS

37. 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.

38. CLOSED SESSION

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

1) Name of Case: Homer J. Olsen v. Santa Clara County Transit District (Santa Clara County Superior Court Lead Case No. CV785402, Consolidated Cases)

2) Name of Case: Santa Clara Valley Transportation Authority v. Traina (Complaint in Eminent Domain--Santa Clara County Superior Court Case No. CV794104)

3) Name of Case: Santa Clara Valley Transportation Authority v. Perry, et al. (Complaint in Eminent Domain---Santa Clara County Superior Court Case No. CV794398)

4) Name of Case: Edward Gizarelli v. Santa Clara County Transit District (Santa Clara County Superior Court Case No. CV763605)

4.X) Name of Case: Application of Santa Clara Valley Transportation Authority for an order authorizing construction of an at-grade crossing at Hamilton Avenue (Vasona Light Rail Project). CPUC Application No. 01-01-003.

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

Employee Organizations:
Amalgamated Transit Union (ATU)
County Employees Management Association (CEMA)
Service Employees International Union (SEIU) Local 715
Transportation Authority Engineers and Architects (TAEA)

VTA Designated Representatives:
Scott D. Buhrer, Chief Financial Officer
Kaye L. Evleth, Chief Administrative Officer
Frank T. Martin, Chief Operating Officer

RECONVENE TO OPEN SESSION

39. CLOSED SESSION REPORT

40. ADJOURN