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Board of Directors Meeting

August 01, 2002
6:00 PM

City Council Chambers
San Jose City Hall
801 North First 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.
     
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  • 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

A. Employees of the Month

B. American Public Works Association (APWA) Award for the Gilroy Caltrain Transit Center

5. Hearing – Notice of Intention to Adopt a Resolution of Necessity - Route 85/101 North Interchange Project

Close Hearing and adopt a Resolution of Necessity determining that the public interest and necessity require the partial acquisition of four properties located in Mountain View, California, for the 85/101 North Interchange Project.

Property ID/Owner/Assessor’s Parcel Number

1. 18906 / The Pond House, LLC /APN: 153-15-029
2. 18907 / Storage Equities, Inc./APN: 153-15-002 and 007
3. 18908 / Mission West Shoreline, LLC /APN: 116-16-077
4. 18915 / Nishimoto and Ozawa Trusts /APN: 153-18-034

CONSENT AGENDA

6. Approve the Minutes of the Regular Board of Directors’ Meeting of June 6, 2002.

7. Approve the Minutes of the Special Board of Directors’ Meeting of June 20, 2002.

8. Approve the Minutes of the Joint Meeting of VTA Board of Directors’ and Santa Clara County Board of Supervisors of June 7, 2002.

BOARD OF DIRECTORS COMMITTEE OF THE WHOLE (COW)
VICE CHAIRPERSON’S REPORT - Jane P. Kennedy

9. Authorize the General Manager to apply for and execute a grant agreement with the Federal Transit Administration (FTA) in the amount of $50,000 for Emergency Preparedness Drills.

10. Authorize the General Manager to execute a grant agreement with the California Energy Commission (CEC) in the amount of $300,000 for the construction of the Hydrogen Fuel Cell Facility at the Cerone Bus Division.

11. Authorize the General Manager to execute a contract with the lowest responsible bidder, OC Jones & Sons, in an amount of $10,832,344 for construction of the Tasman East Light Rail Project: I-880 to Hostetter Stations and Park-and-Ride Construction.

12. Authorize the General Manager to execute a contract amendment with the Peninsula Corridor Joint Powers Board (PCJPB) to increase the contract value in an amount not to exceed $1,500,000 for a new contract amount of $5,350,000, and to extend the contract duration through June 2004, for support services during construction of the Vasona Light Rail Project, and further authorize the General Manager to execute an amendment to the Construction and Maintenance Agreement with the PCJPB to extend its term through June 2004.

13. Approve the following new appointments to the Bicycle & Pedestrian Advisory Committee with a term expiration of June 30, 2004: Mahmoud Kamangar representing the Town of Los Altos Hills and Cedric de La Beaujardiere representing the City of Palo Alto and further, approve the following re-appointments to the Bicycle & Pedestrian Advisory Committee with a term expiration of June 30, 2004: Joe Walton representing the City of Cupertino, Al Slechta representing the City of Gilroy, Curt Riffle representing the City of Los Altos, Marc Jensen representing the Town of Los Gatos, Rob Means representing the City of Milpitas, William Manry representing the City of Monte Sereno, Bob Eltgroth representing the City of Morgan Hill, John Sullivan representing the City of Santa Clara and Jim Stallman representing the City of Saratoga.

14. Approve the formation of the South County Roadway Policy Advisory Board (PAB) and appoint Board Member Pat Dando as VTA’s member to the PAB.

15. Approve the CODE concept proposals for stations and park and ride lots on the Tasman East and Capitol Light Rail Projects of artists Deborah Mersky, John Okulick, Ries Niemi, Jean Whitesavage/Nick Lyle, Victor Zaballa, and Wick Alexander.

16. Authorize the General Manager to amend the contract with Nolte Associates, Inc. for final design of the Route 85/101 North Interchange Project, increasing the approved contract by $962,015 for a new value not to exceed $9,490,015; and extend the term of the contract through December 31, 2005.

17. Authorize the General Manager to amend the contract with Brian Kangas Foulk to add services for final design of additional project scope for the Route 87 South HOV Lane Widening Project, increasing the existing contract by $2,054,041 for a new value not to exceed $7,918,945.

18. Authorize the General Manager to extend the contract with Free Life Enterprises for Substance Abuse Professional Services for two years, to July 31, 2004, and increase the contract by $220,000 for a revised contract amount of $472,000.

19. Authorize the General Manager to add the Tamien to Lick Double Track construction project to the rail construction Owner Controlled Insurance Program (OCIP) at a cost not to exceed $661,881 for Workers’ Compensation and General Liability insurance, Builder’s Risk insurance, and Railroad Protective Liability insurance. This purchase brings the total insurance premium cost for the rail projects to $6,390,551.

20. Authorize the General Manager to execute an amendment to the Attorney Services Agreement with the firm of Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP to add $250,000, for a new not-to-exceed contract value of $900,000.

21. Authorize the General Manager to execute a contract with Cal-Air Inc., the lowest responsive and responsible bidder, for the preventive maintenance and repair of VTA’s Heating, Ventilation and Air Conditioning (HVAC) and refrigeration systems. The term of the contract is for three years with two one-year options at a cost of $229,025 for the first year, $250,621 for the second year and $265,096 for third year. Option years four and five are at a cost of $408,587 and $452,050 respectively. The total amount of the contract will not exceed $1,605,379 for the five-year period.

22. Authorize the General Manager to execute a contract with Vertrans, Inc., the lowest responsive and responsible bidder, for preventive maintenance and repair of elevators and escalators located at VTA facilities. The term of the contract is for three years with two one-year options at a cost of $209,300 for years one through three. Option years four and five are at a cost of $218,108 annually. The total amount of the contract will not exceed $1,064,116 for the five-year period.

23. Authorize the General Manager to execute a contract with Extengine Systems LLC for the purchase, installation, operation and testing of the technology to be used in VTA’s Nitrogen Oxide (NOx) Reduction Demonstration Project for the amount of $185,768. The duration of this project is three years.

24. Authorize the General Manager to execute a one-year contract with MBIA MuniServices Company (MMC) to perform a review of VTA’s half-cent sales tax receipts for the purpose of recovering revenue misallocated to other jurisdictions. MMC’s fee will be 25% of additional revenue received. MMC will also provide analysis and reporting services for a fixed fee of $20,000 for one year. Total estimated fee for the first year is $108,000. Further authorize the General Manager to extend the contract for two additional one-year terms. The fee for recovered revenue will decrease to 20% for the second and third years. Total estimated fees for the second and third years are $270,000 and $395,000, respectively. Adopt State Board of Equalization Confidentiality Resolution (Attachment 1), authorizing MMC to examine VTA’s transactions and use tax records.

25. Authorize the General Manager to execute a contract with PGH Wong Engineering, Inc., for light rail design support services for the next three years in an amount not to exceed $3,000,000 with an option for two additional years in an amount not to exceed $1,000,000 for a total not to exceed amount of $4,000,000.

26. Authorize the General Manager to execute three contracts and future options for Right-of-Way Engineering and Survey Services with the following firms: a contract with Towill, Inc. will be for an initial three-year period in an amount not to exceed $5,000,000, with an option for two additional years in an amount not to exceed $1,000,000 for a total not to exceed $6,000,000; contracts with Psomas and HMH, Inc. will be for an initial three-year period in an amount not to exceed $1,000,000 per contract, with an option for two additional years in an amount not to exceed $500,000 for a total not to exceed $1,500,000 per contract. The five-year total for all three agreements will not exceed $9,000,000.

27. Authorize the General Manager to execute a Purchase Agreement allowing for the purchase of land necessary for the Capitol Light Rail Project (Parcel CP021) from East Side Union High School District (ESUHSD) for $4,678,500.

28. Authorize the General Manager to execute a real property purchase agreement with the City and County of San Francisco for an amount not to exceed $183,252.

29. Authorize an increase of $1.5 million to the current amount of $4.0 million, for a total amount not to exceed $5.5 million for all general planning support services contracts through May 5, 2004.

30. Approve the 1996 Measure B baseline scope, baseline schedule and baseline cost estimate for the Route 152 Project, in accordance with Article V – Project Definition of the Master Agreement with the County of Santa Clara.

31. Approve the 1996 Measure B baseline scope, baseline schedule and baseline cost estimate for the Route 17 Improvement Project, in accordance with Article V – Project Definition of the Master Agreement with the County of Santa Clara.

32. Adopt the Proposed Policies for the Tier 1 bicycle Projects/Bicycle Expenditure Program.

33. Authorize the General Manager to execute amendments to the Transit Shelter Advertising Program Agreement and the Implementation Agreement for Transit Shelter Advertising Program that would allow for: 1) the expansion of the Program by 200 shelters, 2) the augmentation of Clear Channel Outdoor’s maintenance responsibilities, 3) a change in the profit sharing structure between VTA and the participating jurisdictions, and 4) the extension of the Implementation Agreement by five years.

ADMINISTRATION AND FINANCE COMMITTEE

There were no items submitted for the Consent Agenda by the Administration and Finance Committee.

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

There were no items submitted for the Consent Agenda by the Transit Planning and Operations Committee.

REGULAR AGENDA

BOARD OF DIRECTORS COMMITTEE OF THE WHOLE (COW)
VICE CHAIRPERSON’S REPORT - Jane P. Kennedy

34. Determine that approximately 5.8 acres of vacant land, subject to a survey, at the Capitol Park-and-Ride Lot is no longer necessary for VTA use, and authorize the General Manager to send written offer to sell or lease to public agencies that may be interested in the property.

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

There were no items submitted for the Regular Agenda by the Administration and Finance Committee.

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

There were no items submitted for the Regular Agenda by the Transit Planning and Operations Committee.

OTHER ITEMS

35. Appoint, as VTA’s representatives to the 2020 Peninsula Gateway Corridor Study, Board Member Dena Mossar to the Policy Advisory Committee and Carolyn Gonot, Deputy Director of the Congestion Management Program, to the Technical Advisory Committee. (Evanhoe)

36. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

37. LEGISLATIVE REPORT

38. REPORTS FROM ADVISORY COMMITTEES

A. Committee for Transit Accessibility (CTA)
B. Citizens Advisory Committee (CAC)
C. Bicycle & Pedestrian Advisory Committee (BPAC)
D. Technical Advisory Committee (TAC)
E. Policy Advisory Committee (PAC)

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. Silicon Valley Rapid Transit Corridor PAB
D. Caltrain PAB
E. Downtown/East Valley PAB
F. Highway PAB - South

41. REPORT FROM THE CHAIRPERSON (Verbal Report)

42. REPORT FROM THE GENERAL MANAGER (Verbal Report)

43. ANNOUNCEMENTS

44. 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.

45. 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: Gizarelli v. Santa Clara County Transit District (Santa Clara County Superior Court Lead Case No. CV763605)

3) Name of Case: Lopez v. Santa Clara Valley Transportation Authority (Santa Clara County Superior Court Case No. CV791223)

RECONVENE TO OPEN SESSION

46. CLOSED SESSION REPORT

47. ADJOURN