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Board Minutes


BOARD OF DIRECTORS MEETING

Thursday, March 3, 2005

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

Summary Minutes

1.

CALLED TO ORDER at 5:32 p.m.

  
2.

ROLL CALL

Board Members Present: Campos, Casas, Chavez, Chu, Cortese, Gonzales, Kniss, Livengood, Matthews, McLemore (Ex-Officio), Pirzynski, Williams

Board Members Absent:    Beall (Ex-Officio)

Alternate Board Members Present: Kennedy, McHugh, Sandoval,

Alternate Board Members Absent: Kerr, Yeager

*   Alternates do not serve unless participating as a Member.

A quorum was present.

  
3.

ADJOURNED TO CLOSED SESSION at 5:34 p.m.

Conference with Legal Counsel – Existing Litigation
[Government Code Section 54956.9(a)]

June Campbell v. Santa Clara Valley Transportation Authority
(Santa Clara County Superior Court Case No.   CV 791361)

RECONVENED TO OPEN SESSION at 5:51 p.m

  
4.

CLOSED SESSION REPORT

Conference with Legal Counsel – Existing Litigation
[Government Code Section 54956.9(a)]

June Campbell v. Santa Clara Valley Transportation Authority
(Santa Clara County Superior Court Case No.   CV 791361)

There was no reportable action taken during Closed Session.

  
5.

ORDERS OF THE DAY

There were no Orders of the Day.

  
6.

AWARDS AND COMMENDATIONS

A.         Employees of the Month for March 2005

Presented awards to Wallace Gardner, Guadalupe, Light Rail Maintenance; and Elizabeth Clark, River Oaks Administration, as our Employees of the Month for March 2005, and Alvaro “Al” Alvarado, Guadalupe Light Rail as the Supervisor of the first Quarter of 2005.    Philip Hines, North Operations Employee of the Month for March 2005 was not able to attend.

B.             Employees of the Year for 2004

Presented awards to Tony Grijalva, Guadalupe Operations; Julia Jones, River Oaks Administration; Janice Broock as the Supervisor of the Year for 2004 and Mark Keys, Cerone Maintenance, as our Employees of the Year 2004.

  
7.

Hearing – Notice of Intention to Adopt Resolution of Necessity  

Closed Hearing and adopted Resolution of Necessity No. 05.03.24 determining that the public interest and necessity require the acquisition of easement rights in property located at  861 Auzerais Avenue, San Jose, California for the installation, operation, inspection, maintenance, repair, replacement and removal of light rail transit facilities including warning signs and an automatic railroad gate support.  Installation of these facilities is a requirement of the California Public Utilities Commission to enhance the safety of an at-grade light rail-street crossing of the Vasona Light Rail Line at this location. 

Property ID/Owner/Assessor’s Parcel Number

V048-01, V048-02, V048-04/Auzerais Investment, Inc./APN: 264-14-028
Resolution No. 05.03.24

  
8.

Hearing – Notice of Intention to Adopt Resolution of Necessity 

Closed Hearing and adopted Resolution of Necessity No. 05.03.25 determining that the public interest and necessity require the acquisition of easement rights in property located at 381 Sunol Street, San Jose, California for the installation, operation, inspection, maintenance, repair, replacement and removal of light rail transit facility warning signs.  Installation of these facilities is a requirement of the California Public Utilities Commission to enhance the safety of an at-grade light rail-street crossing of the  Vasona Light Rail Line at this location. 

Property ID/Owner/Assessor’s Parcel NumberV047-01/The (Figone) Exemption Trust/APN: 264-14-025 & 026
Resolution No. 05.03.25

Received public comment.

  
9.

PUBLIC PRESENTATIONS   

Barbara Rhodes, CTA Member, requested the Board consider advising staff that the Accessible Services Program Manager position be made available to candidates outside of VTA.  

Terry Applegate, Silicon Valley Independent Living Center, expressed concern regarding the Accessible Services Program Manager position, provided a list of qualifications for the Manager position, and expressed concern that large print materials and assisted listening devices were not provided.

Advised that ADA requirements are mentioned on Page 1 of the Board Agenda and requested Ms. Applegate act as an advocate. 

Eugene Bradley, Santa Clara Valley Transportation Authority’s Riders Union, referred to the general manager position and noted advertisement for new general manager process for announcement of meetings not on VTA’s website, stated that VTA needs a general manager who is open to everyone’s needs, and provided the name of an individual for the new general manager position.

Lupe Medrano, Silicon Valley Council of the Blind Board Member, stated that VTA’s hiring process for the Accessible Services Program Manager is unfair.

Kathy Bonilla, Interested Citizen, stated that she agrees with Ms. Rhodes and  Ms. Applegate’s comments regarding the Accessible Service Program Manager and stated that the new manager needs to have knowledge about disabled people. 

Emma Eljias, Interested Citizen & CTA Member, expressed concern regarding the procedures for the Paratransit Eligibility Certification and stated the procedures needs to be redesigned. 

Jerry Grace, Interested Citizen, shared his Special Olympic Gold Medal, expressed concern regarding VTA Public Meeting At-A-Glance February 2005 and Bus Route 81. 

Congratulated Mr. Grace on his Gold Medal and his presentation.

  
10.

Policy Advisory Committee (PAC) Chairperson’s Report

Yuriko Kishimoto, PAC Chairperson, provided a report regarding the February 10, 2005 PAC Meeting and noted that the following items were discussed:  1) welcomed two members to the PAC: Al Pinheiro representing City of Gilroy and Jose Hernandez representing City of Campbell; provided input on the qualities and qualifications VTA should consider in a new general manager per VTA Board Chairperson’s request; collected each PAC Member’s list of priorities for Committee consideration in 2005; received presentation regarding Transportation Development ACT (TDA) Triennial Performance Audit from Metropolitan Transportation Commission (MTC); deferred both the presentation of the FY 2004 Transit Operations Performance Report and PAC consideration of Board-requested modification by the PAC Bylaws to the March 10, 2005 Meeting; and items scheduled for the March 10, 2005 meeting are receive presentation regarding VTA Budget Process and discuss Long-Term Transit Capital Investment Program.

  

CONSENT AGENDA

11.

Approved the Minutes of the Regular Board of Directors’ Meeting of February 3, 2005.

  
 

ADMINISTRATION AND FINANCE COMMITTEE

12.

Authorized the General Manager to execute a contract with the lowest responsible bidder for construction of the Route 880 Widening Highway Planting, a 1996 Measure B Transportation Improvement Program (MBTIP) project.

  
13.

Ratified the appointment of Irene Hsu to the Citizens Advisory Committee position representing the South Bay AFL-CIO Labor Council.

  
14.

Authorized the General Manager to execute a five-year lease agreement and options for four additional five-year periods with AT & T Wireless to locate cellular phone equipment at the Cerone Operating and Maintenance Facility starting at $1,750 a month, with a three percent annual escalation. 

  
15. Authorized the General Manager to amend the contract with Santa Clara Valley Highway Associates (VHA) for Program Management and Construction Management services for the 1996 Measure B Transportation Improvement Program (MBTIP) increasing the contract value by $6,599,729 for a new total contract value not to exceed $81,257,452.

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

16.

Programmed $35,400 in LRP funds for the City of Monte Sereno’s Local Streets and Roads Rehabilitation Program; and authorized the General Manager to enter into a funding agreement with the City of Monte Sereno.

  
17. Approved the 2004 Monitoring and Conformance Report and Conformance Findings.

  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

18. Approved artist Diana Pumpelly Bates’ concept proposals for enhancements in the shelter canopy glass at the San Jose Diridon Station and for metal screens at the Fruitdale and Bascom Stations on the Vasona Light Rail Project.

  
19.

Authorized the General Manager to execute a contract with Cummins West, the lowest responsive bidder, for the purchase of 230 Bus Exhaust Emission Systems at a cost of $3,801,636.  Of this amount, approximately $1,790,305, or 47.1 percent, is funded by grants from the Metropolitan Transportation Commission (MTC) and Federal Transit Administration (FTA).   This authorization is subject to FTA approval of a Buy America Waiver, which should be received by February 14, 2005.

  
  
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REGULAR AGENDA

  
  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT - Forrest Williams

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

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT - Cindy Chavez

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 - David Cortese

20.

Adoptedthe Paratransit Eligibility Certification Plan with Modifications, evaluate the Modified Plan after one year, providing results of the evaluation to the CTA for full discussion and further, as part of continuous improvement, coordinate a full discussion with the CTA to evaluate the “Community Plan”; addressed sensitivity issues which may occur during the evaluation process and evaluate current contractor regarding sensitivity and appropriateness of the contractor’s staff skill-sets; place survey cards in Outreach vehicles; consider alternate methods for applicant to request their information other than in writing; provide clarity regarding conditional status; and, increase interview frequency for remote locations, e.g. South County.

Board Member Chu left his seat at 6:34 p.m.

Requested staff clarify that once a person has received a permanent eligibility it is not necessary for them to be re-certified every three years.   Staff responded that re-certification is not required once permanent eligibility is determined.

Board Member Livengood left his seat at 6:44 p.m.
Board Member Casas left his seat at 6:45 p.m.

Queried if medical doctors or registered nurses make the assessments.   Staff responded persons making assessments are health care professionals who have gone through a certification process to ensure that they are capable of conducting functional assessments.

Board Member Livengood and Member Chu took their seats at 6:47 p.m.

Commended staff on material provided to Board Members.

Board Member Casas took his seat at 6:49 p.m.

Requested and received clarification that VTA will provide and pay for rides to the interview and the appeals process as necessary, eliminating the brochure and providing a one page application embedded in the brochure in multiple languages.

Requested strategy for staff, CTA and agencies working together regarding continuous improvement of the Certification Plan.  Staff responded that the program will evolve over time and will consult with CTA and other key stakeholders to decide the next evolution for the program.

Staff advised that Orthopaedic Hospital and NovaCare Staffs will be making a presentation at the next CTA Meeting.

Recommended verbiage be added to clarify the confusion with the language in Category Two of the Draft Brochure and Application.

Queried if VTA will have the ability to provide service as outlined in the brochure and if not, how it will impact the people who use the service.   Staff stated that ADA is a required service for VTA and if VTA finds themselves in a difficult position, will have to re-establish priorities.

Vice Chairperson Chavez left her seat at 6:57 p.m.

Gary Bertucelli, Mental Health Case Manager, stated it is unfair and unnecessary to put people through more hoops and steps when already deemed disabled.

Vice Chairperson Chavez took her seat at 6:59 p.m.

Kenneth Frasse, CEO, South Clara Valley Blind Center, referenced comments   submitted to the Board Members before the meeting, expressed concern regarding eligibility process and restrictions and the applicants not able obtain copies of their records.

Requested staff agendize the Santa Clara Valley Blind Center’s letter dated March 2, 2005 for future discussion under Closed Session as it referenced potential litigation.

Ms. Rhodes, thanked Board Members for considering changes to the eligibility process, requested staff receive direction to give more input to the people going through the process and making the process as user friendly as possible. 

Mr. Bradley agreed with Ms. Rhodes’ comments regarding the need to open up the process more for disability eligibility and reiterated the importance of applicants being able to access their records.  

David Julian, CTA Member, recommended staff move forward with Attachment A, Comparison of Current and Staff Recommended Paratransit Eligibility Certification Process, stated the transportation system is not totally wheel chair accessible, also stated he questions training and qualifications at Orthopaedic Hospital Staff; noted it would have been nice if the Community Plan could have been reviewed and discussed by the CTA, and encouraged Board Members to attend a CTA meeting.

Ronald Schwartz, San Jose Senior Citizens Commission, expressed concern regarding the hardship that occurs with the eligibility process and urged that the process be simplified and available for all seniors and disabled.

Board Member Gage took his seat at 7:08 p.m.
Board Member Kniss left her seat at 7:08 p.m.

Bob Jaffee, Council on Aging Advisory Board, referenced AB 133 (Alquist) Regional Transportation Plans and Government Code Section 65080, stated VTA has not complied with Federal and State Older American Act mandates or State Law and requested a response as to why the they have not complied. 

Sandra Gouveia, Peninsula Center for the Blind and Visually Impaired and CTA Member, requested Board Members take note of staff’s tone of voice and the manner the presentation was provided, noted people should be able to receive their records when requested, requested Board Members attend CTA meetings, and thanked the Board Members for their support.

Board Member Kniss took her seat at 7:13 p.m.
Board Member Casas took his seat at 7:16 p.m.
Board Member Gonzales left his seat at 7:16 p.m.

Ms. Applegate stated that the interview process is not a functional assessment, expressed concern that staff from Orthopaedic Hospital is not familiar with cognitive disabilities, drug interaction, spinal cord injuries, and sensitivity to heat.

Rose Deterding, Interested Citizen, stated that she likes the proposal in Attachment A and hopes the Board Members will vote yes, stated that she has gone through a three-year re-classification, expressed concern regarding Orthopaedic Hospital’s interview process and recommended the use of local specialized medical doctors.

Member Gonzales took his seat at 7:19 p.m.

Ms. Medrano stated some people are born with permanent disabilities, which are not obvious. 

Ms. Bonilla expressed concern regarding her experience with the interview process.

Dennis Kennedy, Mayor, City of Morgan Hill, requested literature be more widely available, that interviews in South County occur monthly, a bi-lingual interviewer or interpreter be provided, and requested the Board of Directors adopt the immediate recommendations to provide and pay for rides to both the interview and appeals process, if necessary; eliminating the brochure, replacing it with a one-page brochure and provided in multiple languages and accessible formats and requested alternatives in the eligibility program be considered.

Chris Lepe, Transportation and Land Use Coalition (TALC) thanked the Board of Directors for the changes made to the eligibility requirements and encouraged additional changes that would make the disabled community to feel less disrespected.

Board Member Cortese left his seat at 7:27 p.m.

Darlene Wallach, Interested Citizen, said she was disgusted that some Board Members have made up their minds without hearing from the community, abhorrent that  Ms. Applegate was not given the enough time to present the Community Plan, stated VTA should be serving community and not VTA, disgusted the community is always limited as to how much input they are allowed to provide, expressed concern that two minutes is not enough, and recommended the contract with Orthopaedic Hospital should be cancelled.

Board Member Cortese took his seat at 7:28 p.m.

Tessa Hernandez, Health Connection, stated there is need for medical doctors and medical professionals to make medical decisions; stated an applicant who is permanently disabled should not have to go through interviews.

Ex-Officio Board Member McLemore left his seat at 7:30 p.m.

Todd Gardner, Interested Citizen, expressed concern regarding his treatment while riding public transit, using bus connections and recommended automated telephone service for Outreach. 

Mr. Grace expressed concern regarding the amount an individual is charged for the purchase of a Regional Transit Commission   (RTC) Discount Card if the card is lost.

Ex-Officio Board Member McLemore took his seat at 7:33 p.m.

Davidson Wan, Santa Clara Valley Multiple Sclerosis Society, agreed with  Ms. Applegate’s comments with regard to funding and the eligibility process and requested qualified people be used to conduct the interview process; he recommended the interview be recorded. 

Queried if staff does any type of customer evaluation after the qualification process.

Recommended a stamped customer service survey postcard be available at the interview to applicants to provide immediate feedback on the interview process. 

Apologized for challenges applicants face in qualifying for the Program.

Recommended termination of the contract with Orthopaedic Hospital if insensitivity continues.

  
  
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OTHER ITEMS

21.

ITEMS OF CONCERN AND REFERRal TO ADMINISTRATION           

Requested for discussion at the March 30, 2005 Board Meeting:   a discussion about strategies for continuous improvement for VTA as the groundwork is laid for the new General.

Ex-Officio Member McLemore and Members Campos and Gage left their seats at 7:53 p.m.

  
22.

LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

Members Gage and Livengood took their seat at 7:55 p.m.

  
23.

SUMMARY MINUTES FROM STANDING COMMITTEES

A.                Administration and Finance Committee

Accepted as contained in the Agenda Packet.

B.                Congestion Management Program and Planning Committee                         

Accepted as contained in the Agenda Packet.

                         Mr. Grace stated missed meeting and queried as to what happened.

C.                Transit Planning and Operations Committee                         

Accepted as contained in the Agenda Packet.

Ex-Officio Member McLemore and Board Member Campos took their seats at 7:56 p.m.
  
24.

REPORTS FROM ADVISORY COMMITTEES

A.  Committee for Transit Accessibility (CTA)

Accepted as contained in the Agenda Packet.

B.  Citizens Advisory Committee (CAC)

There was no report from the Citizens Advisory Committee.

C.  Bicycle & Pedestrian Advisory Committee (BPAC)

Accepted as contained in the Agenda Packet.

D.  Technical Advisory Committee (TAC)

Accepted as contained in the Agenda Packet.

E.  Policy Advisory Committee (PAC)

Accepted as contained in the Agenda Packet.

  
25.

REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS

Advised the Board Members that the Reports from the Joint Powers Boards (JPBs) & Regional Commissions were placed in front of them on the dais.

A.  Peninsula Corridor JPB

On order of Chairperson Pirzynski, there being no objection, the Peninsula Corridor JPB report was received and filed.

B.  Capitol Corridor JPB

Announced election of Vice Chairperson.

On order of Chairperson Pirzynski, there being no objection, the Capitol Corridor JPB was received and filed.

C.  Metropolitan Transportation Commission (MTC)

On order of Chairperson Pirzynski, there being no objection, the Metropolitan Transportation Commission (MTC) report was received and filed.

  
26.

REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs) –

A.             Vasona Light Rail PAB 

Accepted as contained in the Agenda Packet.

B.             Silicon Valley Rapid Transit Corridor PAB 

Accepted as contained in the Agenda Packet.

C.             Caltrain PAB 

There was no report from the Caltrain PAB.

D.  Downtown East Valley PAB

On Order of Chairperson Piryznski, there being no objection, the Downtown East Valley PAB Report was received.

E.  Highway PAB – South

There was no report from the Highway PAB – South.

  
27.

REPORT FROM CHAIRPERSON

Reported that the Ad-Hoc Restructuring Committee will reconvene on Thursday,  March 24, 2005, at 4:00 p.m., 70 West Hedding Street, Tenth Floor Conference Room, San Jose, California and advised Member Chu appointed as member to the Committee.

Expressed concern regarding reconvening the Ad-Hoc Restructuring Committee.

Clarified the commitment of the Ad-Hoc Restructuring Committee.

Requested information about the authority and scope of the Ad-Hoc Restructuring Committee.

  
28.

REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.

  
29.

ANNOUNCEMENTS

There were no Announcements.

  
30.

ADJOURNED at 8:06 p.m.

  
  
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