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Citizens Advisory Committee

Wednesday, January 11, 2006




Minutes

1.

CALL TO ORDER

The Regular Meeting of the Citizens Advisory Committee (CAC) was called to order at    4:35 p.m. by Vice Chairperson Schulter in Conference Room B-104, Valley Transportation Authority (VTA), 3331 North First Street, San Jose, California. 

ROLL CALL

Members Present                          Members Present

Don Burnett                                      Margaret Okuzumi
Chris Elias                                        Sally Probst
Ellen Fletcher                                   Connie Rogers
Ray Hashimoto                                 Martin Schulter, Vice Chairperson
Irene Hsu                                          Laura Stuchinsky
Roberta Hughan                               Noel Tebo
Gaye Morando

Members Absent                            Members Absent

Stephen Blaylock, Chairperson        Luiz Mendez
Patricia Sausedo

A quorum was present.

  
2.

PUBLIC PRESENTATIONS

There were no Public Presentations.
  
3.

Committee Staff Report

Carolyn Gonot, Chief Development Officer, advised the Committee that they will receive a Board Orientation binder in February 2006.   She informed the Committee that there are four new Board Directors and two alternates who were sworn in at the January 5, 2006 Board of Directors Meeting.   She noted that staff will offer a Board Orientation, which will include a tour of VTA operating divisions and interested CAC members are welcome to participate.

  
4.

Chairperson’s Report

There was no Chairperson’s Report.

  

BUSINESS REFERRED TO COMMITTEE BY THE BOARD OF DIRECTORS/GENERAL MANAGER

CONSENT AGENDA

5.

Programmed Projects Quarterly Monitoring Report for October to December 2005           

Member Probst referred to Embarcadero Road Rehabilitation Project, Page 23 of 58, and inquired about the project’s funding.   John Sighamony, Transportation Planner, responded the funds should be obligated by June 2006, which means that documents related to this project should be submitted by this date.

Member Elias took his seat at 4:41 p.m.

Member Morando referred to Bike/Pedestrian Overcrossing Project in Milpitas, Page 17 of 58, and inquired about the funds associated with this cancelled project. Mr. Sighamony responded that the funds for this project were given to the Coyote Creek Trail Project in Milpitas to ensure that no monies were lost.

Member Burnett directed attention to Almaden Expressway Pedestrian Overcrossing, Page 27 of 58, and inquired about the project schedule and status.  Mr. Sighamony stated that the City of San Jose did not provide the completion timeframe for the project at the time the report was printed but will be noted in the future report.

On order of Vice-Chair Schulter, there being no objection, the Committee reviewed the Programmed Projects Quarterly Monitoring Report for October to December 2005.

  
6.

Election Process for Advisory Committee Chairperson and Vice Chairperson

Member Tebo reported that the Nominating Committee nominates Martin Schulter for Chairperson and Stephen Blaylock for Vice Chairperson for 2006.  

Stephen Flynn, Sr. Management Analyst, advised that the Committee could still nominate until the nomination is closed.   He added that current Chairperson Blaylock indicated interest in serving either as Chairperson or Vice Chairperson for 2006.   Mr. Flynn reviewed the election process and noted that both Chairperson and Vice Chairperson serve for one year, eligible for re-election, and election for these seats are held separately.  The result of the election is effective immediately after the voting. 

Member Schulter nominated current Chairperson Blaylock for the chairperson and vice chairperson seats for 2006.

M/S/C (Rogers/Morando) to close the nominations and elect Martin Schulter as Citizens Advisory Committee Chairperson for calendar year 2006.

M/S/C (Schulter/Stuchinsky) to close the nominations and elect Stephen Blaylock as Citizens Advisory Committee Vice Chairperson for calendar year 2006.

  
7.

Recommended VTA Quarter Cent Sales Tax Scenario               

Jim Lawson, State and Regional Government Affairs Manager, introduced Jack Collins, Chief Construction Officer and Stephen Levy, Center for Continuing Study of the California Economy (CCSCE).   Mr. Lawson noted that the presentation will involve a discussion on proposed Expenditure Plan (VTA Scenario) relative to Measure A proposal and the projected ¼ cent sales tax.

Mr. Lawson directed attention to two PowerPoint presentations entitled “VTA Scenario” and “Projections of Taxable Sales for VTA.”  Mr. Lawson noted that at the request of the Board of Directors, staff will gather comments from the Advisory Committees regarding the Expenditure Plan and forward them to the Board of Directors.

Mr. Lawson reviewed the 2000 Measure A and noted that this was an all transit measure with ½ cent sales tax, it was built on the success of prior measures, targeted specific transportation projects, and achieved the required 2/3 votes.    The major projects included in Measure A were BART to Milpitas, San Jose, and Santa Clara; Airport Connector from BART  to San Jose International Airport; purchase of Zero Emission Buses and Paratransit Vehicles; Light Rail; expansion and electrification of Caltrain, and; increased VTA services.

The economic downturn in 2000 caused a negative impact on VTA.  Mr. Lawson noted that VTA’s revenue dramatically decreased, representing a 21 percent decrease of sales tax revenue since FY 2001.  This necessitated lay-offs and service reduction.  To examine these issues, VTA created the Financial Stability Committee, which recommended that VTA work in partnership with community leaders to identify the most viable new and expanded revenue sources for VTA. 

Mr. Lawson discussed the development of the VTA Scenario.  He explained that as recommended by the Financial Stability Committee, VTA staff held workshops in a    span of two years to assess the financial needs of VTA and discuss concerns regarding   the delivery of Measure A projects.  On June 2, 2005, the Board of Directors  reviewed four scenarios.  In the Summer of 2005, various scenarios were requested by North Counties Cities Group, Silicon Valley Leadership Group (SVLG), and  City of San Jose. On September 16, 2005 the Board of Directors concluded the following: a 30-year, ¼ cent sales tax is required to complete the projects, include pavement management, complete BART by 2018, complete Dumbarton by 2011, and to have flexibility on the balance amount.  On November 3, 2005, the Board of Directors deferred approval of the Expenditure Plan due to concerns about the Airport People Mover and pavement management.  On December 1, 2005, the Board of Directors deferred approval to February 2006.  At that meeting, the Expenditure Plan proposal included the Airport People Mover and Pavement Management.  At the same meeting, the Board of Directors received input from the City of San Jose, Morgan Hill, and Gilroy.  The Board of Directors also directed staff to gather feedback regarding the Expenditure Plan from Advisory Committees. 

 Mr. Lawson explained that after the December 2005 Meeting, VTA staff revised the annual sales tax projection.  The CCSCE’s projection helped in the revision where the midpoint of “conservative and moderate” was used as a basis for the sales tax projection.  Mr. Lawson noted that only the years 2008-2015 were adjusted from the previous version of the Expenditure Plan.  The adjustment resulted into a $2 billion increase for projects.  Mr. Lawson directed attention to the new projections of VTA and the projections by other cities.

Mr. Collins discussed the changes from the previous VTA Scenario and noted that based on the new sales tax projection, all 2000 Measure A projects will be completed with a positive ending balance of $537 million and VTA reserves at 15 percent.  The new projection advances BART to December 2016, Light Rail to Eastridge by 2012, Light Rail to Nieman by 2017, Light Rail to Los Gatos by 2012, and accommodates Single Car Light Rail on Santa Clara Alum Rock by 2021 if this mode is selected as the preferred alternative for this corridor.  The other projects include restoration of the 10 percent funding cut for Caltrain, completion of Caltrain electrification by 2018, Caltrain Service Improvements, 8.4 miles of Caltrain double tracking in South County by 2010, completion of Delbarton Rail by 2011, ACE upgrades between 2014 and 2025, completion of Airport People Mover by  2018, initiation of Bus Rapid Transit Projects on Line 22, Monterey Road, and Stevens Creek by 2011,  more funding for local streets and roads, county roads and bicycle and pedestrian path improvement program, more funding for Bus Rapid Transit project in Sunnyvale/Cupertino, gradual increases to VTA Service of 24 percent by 2020, $2 million funding for new senior/disabled programs, and,        $2.7 billion in BART Operating Subsidy to 2038.

Mr. Collins noted the next steps and stated that the VTA Scenario will be reviewed by the following:  Santa Clara County Board of Supervisors, VTA Advisory and Standing Committees, VTA Board of Directors through a workshop in January 2006, and other interested parties such as the Cities of Cupertino, Morgan Hill, Gilroy, and Milpitas.       Mr. Collins reported the Santa Clara County Board of Supervisors deferred action and further discussion for another two weeks.  Upcoming actions include the VTA Board of Directors adoption by February 2006 and future discussions on ballot initiative.          

Mr. Levy presented the Projections of Taxable Sales for VTA and noted that he has been doing long-term projections for almost 35 years for a number of agencies and organizations.  He noted that he provides VTA projections of taxable sales for which VTA derived its projection and revenues.  He noted that he provides two alternatives:  the baseline or moderate and conservative set of projections.   Mr. Levy clarified that he does not provide recommendations to VTA as to which projection to use nor an analysis of VTA projects or sales tax options. 

Mr. Levy discussed the major factors that determine taxable sales, which include job growth, population growth, wage and income growth, retail spending as share of personal income, and business-to-business spending.  Mr. Levy stated that he provides a moderate growth forecast of 6.9 percent rate of increase and a low growth of 4.7 percent.  VTA in turn, utilizes the midpoint.

Member Okuzumi took her seat at 5:21 p.m.

Mr. Levy directed attention to Slide #6 – CCSCE’s Low Projection Changed the Most, and noted that CCSCE’s low projection has increased from 3 percent to 4.7 percent.  He explained that the conservative projection has changed significantly due to positive wage growth increase since 2003.  He noted that wage growth could support spending.  Mr. Levy discussed the major changes from last year’s projection and noted that there will be slightly lower job growth expected, the conservative wage growth assumption was raised, a larger share of workers will live in Santa Clara County due to more housing, and business-to-business spending will be slightly higher.

Mr. Levy noted that the job growth that CCSCE is projecting is approximately  1.5 percent.  The moderate projection states that by 2015, Santa Clara County will have the same number of jobs as it was in 2000.  Mr. Levy moved on to the wage growth and noted that even with the downturn after 2000, the county gets rates of wage growth that are between 5-6 percent.  Mr. Levy explained that with wage growth at this rate and job growth of approximately 1 percent, there will be a revenue growth between 6-7 percent. 

Mr. Levy stated that to improve the prospects of economy and job growth, Silicon Valley needs to build more housing.  Mr. Levy noted that the more housing that is built, the income earned and spent within the County will be higher.  Mr. Levy pointed out that this factor is one of the changes of last year’s projection.

Mr. Levy presented the data for retail sales as percentage of income with comparison between Santa Clara County and State of California.  He noted that this is the main reason why Santa Clara County and VTA have suffered the most in terms of sales tax revenues.  The data shows that the County and the state have almost the same share of income spending on taxable items up to 1998.  However, after 1998, the consumers of the state started to spend a higher share of their income for taxable sales while Santa Clara County’s consumers spent less.  Mr. Levy stated that this could be attributed to lesser house construction and lesser purchase of automobiles in the County.  Mr. Levy noted that the spending of County residents is very different from that of the State.

Member Probst referred to Projections of Taxable Sales for VTA , Slide # 13 – Projected Share of Income Spent on Taxable Retail Sales and inquired about the relationship of this data to the high cost of housing or internet shopping. 

Mr. Levy responded that it could be factors but noted that Santa Clara County is so different from other areas in California.

Member Okuzumi inquired if the lower share of income spent on taxable retail sales could be attributed to the higher savings rate in Santa Clara County.  Mr. Levy stated that Santa Clara County’s savings rate is different from that of the nation’s average.  Mr. Levy noted that it is possible that people who kept their jobs during the recession period got cautious and saved more money.  He cautioned that one of the challenges of projections such as this is that people change over the years.

Mr. Levy referred to Business-to-Business Sales per Job Rising and noted that the business-to-business activity would go back to about where it was in 2000 by 2015.

Upon query of Member Okuzumi, Mr. Levy clarified that contrary to the news article, he did not make a recommendation to VTA as to which projection numbers to use.  He noted that his obligation is to provide the best figures or projections but it is VTA’s decision as which numbers/projections that they would want to use.

Member Burnett noted that it would be beneficial to have legislation in Congress that will enforce internet sales tax.   This way, he explained, the tax dollars would go where it needs and should go to.

Mr. Levy addressed the inquiry of Member Elias and stated that population growth is not quantitatively a large factor in determining the growth in sales. 

Upon inquiry of Member Elias, Mr. Lawson clarified that the South County was involved in the discussion of the VTA Scenario. 

Member Okuzumi queried on the accuracy of the projections over the next couple of years.   Mr. Levy noted that it is important to have flexibility in the spending plan to address the uncertainties of the future.   Mr. Levy further explained that there are two safeguards:  conduct an analysis annually and include flexibility in the plan with an awareness that things can change.  Mr. Levy noted that there will be fluctuations in the market and it is extremely important to have a room for adjustments.

Member Okuzumi expressed concern that the VTA Scenario is very tight, especially critical due to the beginning of the BART Project conception and noted that there is no room for error. 

Mr. Collins responded that to address the issues Member Okuzumi raised and the risks involved, the VTA Scenario included an important aspect, the annual update that includes a review of revenues, expenditures, and status of projects.

Roger Contreras, Chief Financial Officer, noted that VTA staff has considered and worked on the VTA Scenario very conservatively.   Mr. Contreras reiterated that staff used the new projections for 2008-2015 only.   For 2006 and 2007, VTA has kept its budgeted numbers, 4.8 and 4.9 percent respectively.  After 2015, 4.8 percent is used again. 

Member Fletcher referred to VTA Scenario Includes New Projects, Slide #15, last bullet, and inquired about the cost of the BART Operating Subsidy per year.   Mr. Collins responded that the cost would vary every year. 

Member Fletcher inquired if there are allowances for cost overruns to the project construction estimates for BART.   Mr. Collins replied that the plan includes cost contingencies.  Staff has taken the base year dollars and escalated it over construction to allow changes in construction costs.  Mr. Collins added that VTA has a good track record in delivering projects such evident in Measure B projects.  Ms. Gonot further clarified that there are contingencies built into the project estimates plus escalation cost over and above the contingencies. 

Mr. Collins pointed out that VTA will lead the project management and implementation of the BART Extension Project and BART will be operating the system, once completed.

As a response to Chairperson Schulter’s inquiry, Mr. Collins stated that the VTA Scenario sets aside $2 million per year for the senior/disabled programs.  This amount would escalate every year for the next 30 years.  By the General Manager’s direction, staff will work with the Committee for Transit Accessibility (CTA) to determine what type of programs will be effective and appropriate for the users.  Mr. Collins added that this program was included in the VTA Scenario because it is an important issue.   Mr. Collins explained that the $2 million specified in the VTA Scenario is a separate amount from the required Americans with Disabilities Act’s (ADA) paratransit services, which is currently funding through VTA’s operating budget.

Mr. Lawson added that this is the Expenditure Plan dedicates funding to address the needs of the seniors/disabled.

Chairperson Schulter expressed concern that the senior/disabled population is growing and added that the earmark amount is not sufficient to address the needs of the senior/disabled.   He noted that this area should be re-visited and re-evaluated. 

Member Tebo referred to pavement management, and inquired about using gasoline tax.

Ms. Gonot responded that the pavement management in the VTA Scenario is a supplement.   Metropolitan Transportation Commission (MTC) has made a commitment to the local streets and roads and there are federal dollars that are allocated for that.   Additionally, there is also the Proposition 42 funds and the state funds for pavement management.  Ms. Gonot added that some larger cities would still need to provide funding for their cities’ pavement management program. 

Member Tebo expressed concern that the people mover project cost estimate is approximately ten times more than other comparable projects in the country.   He commented that the cost estimate for this project is excessive and added that the project could be built faster and cheaper if high cost estimates are not used.

Member Tebo stated that he is a fan of BART and commented that that BART is the biggest and most important project over the next 30 years.   However, he noted that that the project has “terrible” route/design choices.   The golden triangle, downtown San Jose, and San Jose Airport are the three principal locations and yet only one of these three will be connected in the route/design.  He noted that this is a poor route choice as only a small population of the County could be served and people from other counties cannot get to the locations where they need to go.  He noted that the route/design is the cause of project funding issues and high costs.  He suggested that the route/design be revisited to make the project more realistic, cost effective, and better serve the future riders.

Member Probst commended VTA for managing and completing Measure B projects.   She attributed the success of the program to the annual review, flexibility, and the changes that VTA implemented.   She noted that the annual review and flexibility is important and stated that she expects the same success for Measure A projects.

Member Okuzumi commented that VTA was successful in managing and delivering projects within budget.   However, she pointed out that VTA does not have the experience in managing complex multi-billion projects such as BART.   She expressed concern that a cost overrun in the BART project would have significant impact to other projects in the program. 

Member Okuzumi referred to the San Francisco and San Mateo Counties Transportation measures and suggested incorporating specific categories and percentage of funds per category in the ballot language to ensure funding guarantee for second/lower priority projects.   She suggested the following categories:   Pavement Management, BART,     Non-BART, and Senior Disabled Projects.

Ms. Gonot referred to the Measure B program and noted that not having categories allowed for projects to move forward through flexibility and creativity.

Member Rogers there should always be balance in accountability, be honest to the public, and maintain credibility.   Member Rogers concurred with Member Okuzumi and noted that the further out the forecasts are, there is little accuracy, and there are no guarantees.   She also concurred with Member Probst and stated that the annual review is extremely important as it provides the Board of Directors to address priorities according to revenues and expenditures. 

Member Tebo noted that the Measure B concludes on March 31, 2005.   He commented that it has been a spectacular program and that VTA did a wonderful job.

Member Elias noted that to address the changes in sentiments associated with the changes in the membership of the Board of Directors within the next 30 years, a set of criteria should be established to guide future monitoring activities such as the annual review. 

Mr. Lawson noted that CAC will be very involved in the oversight of the Measure A funds. 

On order of Chairperson Schulter, there being no objection, the Committee reviewed and forwarded recommendations on the Recommended VTA Scenario to the VTA Board of Directors.

  
8.

2006 State Legislative Program

Mr. Lawson noted that formal adoption for the 2006 State Legislative Program is scheduled for February 2, 2006.   VTA annually adopts this program to provide direction for legislative and policy activities in Sacramento for 2006.   The State Legislative Program is divided into 11 sections and the goal is to give VTA staff direction as to which important issues should be pursued with the state legislature for the upcoming year.  The program is designed with flexibility as situations arise to be able to react quickly and in the best interest of VTA as an organization.

Member Hughan referred to Transportation and Environment section, Page 5 of 5, “Monitor the California Air Resources Board’s Urban Transit Bus Fleet Rule and its Rule for Transit Agency Fleet Vehicles to ensure that these rules are consistent with VTA’s clean-fuels bus strategy” and commented that the word “consistent” be replaced with “complementary.”   She inquired about the consideration of natural gas buses.

Mr. Lawson responded that the Zero Emission Bus is the chosen low emission vehicle for VTA.

Member Rogers referred to the Hwy 152, east of Gilroy and noted that it is a regional highway. She inquired if there is an opportunity to make the project a higher priority as it is an important highway and safety issues need to be addressed.

Ms. Gonot noted that currently, all the smaller projects are funded but in different years and cycles.   She stated that if there is a revisiting of the 2006 fund estimate, VTA will put those projects up as soon as possible. 

Member Hsu referred to High Speed Rail (HSR) and inquired about VTA’s position on adhering to the Pacheco alignment.

Mr. Lawson explained that the reason why HSR does not appear in the State Legislative Program is due to the fact that VTA has taken a formal position and is now a member of the HSR coalition.

Member Hsu inquired about VTA’s strategies in ensuring that the county will get the maximum benefit from the governor’s bond.

Mr. Lawson stated that Board of Directors Chairperson Chavez instituted an Infrastructure Bond Subcommittee that consist of three Board Members (Nora Campos, Breene Kerr, and Don Gage), three VTA staff (Michael Burns, General Manager, Carolyn Gonot, Chief Development Officer, and, Kurt Evans, Government Affairs Manager) and three members of the community.   Mr. Lawson noted that the community component of the subcommittee will be selected among the following organizations, subject to Chairperson Chavez’ approval:   SVLG, Working Partnerships and Consulting Engineers & Land Surveyors of California (CELSOC).  Staff is working diligently to ensure that any potential project will be forwarded to the assembly and senate in time before deliberation.

Member Okuzumi suggested that VTA advocates funding for HSR regardless of alignment.   Mr. Lawson responded that there is a section that involves advocacy for transportation bonds.

On order of Chairperson Schulter, there being no objection, the Committee reviewed and commented on the 2006 State Legislative Program.

  
9.

CAC Work Plan                

Ms. Gonot advised the Committee that the work plan will be adjusted to reflect marketing efforts and items associated with Measure A projects.  Ms. Gonot noted that the CAC’s role as the Citizens Watchdog Committee will be around the end of Spring 2006.

On order of Chairperson Schulter,   there being no objection, the CAC Work Plan was reviewed.

  

OTHER

10.

Announcements

The Committee congratulated Chairperson Schulter on his wedding.

Member Okuzumi informed the Committee that she will be providing a presentation on Bay Rail Alliance’s alternative to BART Project at the VTA Policy Advisory Committee (PAC) meeting on January 12, 2006, 3:00 p.m., at the VTA Auditorium.

  
11.

ADJOURNMENT

On order of Chairperson Blaylock, there being no objection, the Meeting was adjourned at 6:04 p.m.

 

Respectfully submitted,
Elaine F. Baltao, Board Assistant
VTA Board of Directors

 

NOTE:    M/S/C MEANS MOTION SECONDED AND CARRIED AND, UNLESS OTHERWISE INDICATED, THE MOTION PASSED UNANIMOUSLY.