Thursday, May 5, 2011
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BOARD OF DIRECTORS MEETING Thursday, May 5, 2011 5:30 P.M. The Regular Session will commence immediately following the conclusion of the Closed Session. Board of Supervisors’ Chambers County Government Center 70 West Hedding Street San Jose, CA 95110 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 or not on the agenda should complete a blue card located at the public information table and hand it to the Board Secretary staff prior to the meeting or before the item is heard. · Speakers will be called to address the Board when their agenda item(s) arise during the meeting and are asked to limit their comments to 2 minutes. The amount of time allocated to speakers may vary at the Chairperson's discretion depending on the number of speakers and length of the agenda. If presenting handout materials, please provide 25 copies to the Board Secretary for distribution to the Board of Directors. · The Consent Agenda items may be voted on in one motion at the beginning of the meeting under Orders of the Day. If you wish to discuss any of these items, please request the item be removed from the Consent Agenda by completing a blue card at the public information table and handing it to the Board Secretary staff prior to Orders of the Day, Agenda Item #5. 3331 North First Street · San Jose, CA 95134-1927 · Administration 408.321.5555 · Customer Service 408.321.2300 AGENDA VTA Board of Directors Thursday, May 5, 2011 · Disclosure of Campaign Contributions to Board Members (Government Code Section 84308) In accordance with Government Code Section 84308, no VTA Board Member shall accept, solicit, or direct a contribution of more than $250 from any party, or his or her agent, or from any participant, or his or her agent, while a proceeding involving a license, permit, or other entitlement for use is pending before the agency. Any Board Member who has received a contribution within the preceding 12 months in an amount of more than $250 from a party or from any agent or participant shall disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use his or her official position to influence the decision. A party to a proceeding before VTA shall disclose on the record of the proceeding any contribution in an amount of more than $250 made within the preceding 12 months by the party, or his or her agent, to any Board Member. No party, or his or her agent, shall make a contribution of more than $250 to any Board Member during the proceeding and for three months following the date a final decision is rendered by the agency in the proceeding. The foregoing statements are limited in their entirety by the provisions of Section 84308 and parties are urged to consult with their own legal counsel regarding the requirements of the law. · 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 available on our website, www.vta.org, and also at the meeting. Any document distributed less than 72-hours prior to the meeting will also be made available to the public at the time of distribution. Copies of items provided by members of the public at the meeting will be made available following the meeting upon request. 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: [email protected] or (408) 321-2330 (TTY only). VTA’s home page is on the web at: www.vta.org or visit us on Facebook at: www.facebook.com/scvta. NOTE: THE BOARD OF DIRECTORS MAY ACCEPT, REJECT OR MODIFY ANY ACTION RECOMMENDED ON THIS AGENDA. 70 West Hedding St., San Jose, California is served by bus lines *61, 62, 66, 181, and Light Rail. (*61 Southbound last trip is at 8:55 pm for this location.) For trip planning information contact our Customer Service Department at (408) 321-2300, between the hours of 6:00 a.m. to 7:00 p.m. Monday through Friday and 7:30 a.m. to 4:00 p.m. on Saturday. Schedule information is also available on our website at: www.vta.org. Page 2 of 9 AGENDA VTA Board of Directors Thursday, May 5, 2011 CALL TO ORDER 1. ROLL CALL 2. RECESS TO CLOSED SESSION Conference with Labor Negotiators [Government Code Section 54957.6] VTA Designated Representatives: Joseph Smith, Chief Financial Officer Bill Lopez, Chief Administrative Officer Robert L. Escobar, Human Resources Manager Employee Organizations: American Federation of State, County and Municipal Employees (AFSCME), Local 101 Service Employees International Union (SEIU), Local 521 Transportation Authority Engineers and Architects Association (TAEA), IFPTE, Local 21 RECONVENE TO OPEN SESSION 3. CLOSED SESSION REPORT 4. PUBLIC PRESENTATIONS This portion of the meeting is reserved for persons desiring to address the Board of Directors on any item within the Boards 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. ORDERS OF THE DAY - The Consent Agenda is approved with Orders of the Day. CONSENT AGENDA 6. Approve the Board of Directors Regular Meeting Minutes of April 7, 2011. 7. ACTION ITEM - Authorize the General Manager to amend the historic trolley lease agreement with the California Trolley and Railroad Corporation (CTRC) to return to CTRC trolleys #124 and either #2001 or #531 at the CTRC's discretion. Page 3 of 9 AGENDA VTA Board of Directors Thursday, May 5, 2011 Administration and Finance Committee The Administration and Finance Committee did not meet in April. 8. ACTION ITEM - Authorize the General Manager to purchase insurance coverage for Excess Liability (General and Auto Liability; Public Officials Errors and Omissions Liability); Property/ Boiler and Machinery; Inland Marine for Light Rail Vehicles; Inland Marine for Buses, Vans and Mobile Equipment; and Flood exposures, for the annual Operations Program Insurance renewal for an amount not to exceed $2,888,876. 9. ACTION ITEM - Adopt a support position for AB 147 (Dickinson), which expands the existing eligible uses of developer impacts fees to include public transit, bicycle and pedestrian facilities. 10. ACTION ITEM - Adopt a support position for SB 383 (Wolk), which addresses issues related to the implementation of the state's Local Government Renewable Energy Self- Generation Program. 11. ACTION ITEM - Adopt a support position for AB 31 (Beall), which authorizes the cities and counties in the Central Valley that have an approved high-speed rail station to prepare and adopt a master plan for development of the area surrounding their stations. 12. ACTION ITEM - Adopt a support position for AB 1308 (Miller), which provides that revenues in the Highway Users Tax Account (HUTA) are to be continuously appropriated and available for expenditure regardless of whether a state budget has been enacted for the new fiscal year. 13. ACTION ITEM - Adopt a resolution that VTA as a Public Transportation Modernization, Improvement, and Service Enhancement Account Bond Program (PTMISEA) fund recipient agrees to comply with all conditions and requirements set forth in the Certification and Assurances document and applicable statutes, regulations and guidelines for all PTMISEA funded transit projects. 14. ACTION ITEM - Adopt a resolution authorizing the filing of an annual claim to the Metropolitan Transportation Commission (MTC) for allocation of FY 2011-2012 Transportation Development Act (TDA) and State Transit Assistance (STA) funds. 15. ACTION ITEM - Authorize the General Manager to submit federal Fiscal Year 2011 grant applications and execute grant agreements with the Federal Transit Administration (FTA) for Section 5307 Urbanized Area Formula, Section 5309 Fixed Guideway. 16. ACTION ITEM - Authorize the General Manager to execute service agreements for financial advisory services with Arbitrage Compliance Specialists, KNN Public Finance, Montague DeRose & Associates and Ross Financial, for a period of three years in an aggregate amount not to exceed $335,000, with two one-year options to extend for a total aggregate contract value not to exceed $415,000. Page 4 of 9 AGENDA VTA Board of Directors Thursday, May 5, 2011 Congestion Management Program and Planning Committee Items submitted for the Consent Agenda by the Congestion Management Program and Planning Committee. 17. ACTION ITEM - Receive the results of the Noise Reduction Screening study and approve the changes in the process for evaluating the cost-effectiveness of sound walls for highway projects in Santa Clara County. 18. ACTION ITEM - Approve the Valley Transportation Plan (VTP) 2040 Preliminary Project List for submittal to the Metropolitan Transportation Commission (MTC). 19. ACTION ITEM - Approve the Fiscal Year 2012 and Fiscal Year 2013 Congestion Management Work Program. 20. ACTION ITEM - Authorize the General Manager to execute agreements with the Bay Area Toll Authority (BATA) for toll collections and customer service support, California Highway Patrol (CHP) for enforcement and California Department of Transportation (Caltrans) for maintenance for the SR 237/I-880 Express Connectors project. 21. ACTION ITEM - Approve reallocation of Local Program Reserve (LPR) savings of $3.8 million to the US 101 Express Lanes Project.