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AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
OCTOBER 20, 2004
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REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE AVENUE
MAYOR'S REPORT ON CLOSED SESSION
No Closed Session items on tonight's agenda.
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on
October 14, 2004) i
O
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the Council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Communications from Boards and Commissions
The City Council will receive reports from the Boards and Commissions listed below and
may provide direction regarding matters to be considered by those Boards and
Commissions. Recommendations from Boards and Commissions requiring City Council
approval are considered as independent agenda items.
Written Communications
None
Oral Communications -Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
ANNOUNCEMENTS
None
ARCHIVE COPY
CEREMONIAL ITEMS
lA. Commendations Honoring Outgoing Library Commissioners Cathy Foscato, Don
Johnson, and Marcia Manzo
Recommended action:
Present commendations.
1B. Proclamation Declaring the Week of October 17-23, 2004 as "Teen Read Week"
Recommended action:
Present Proclamation.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
2A. Approval of City Council Minutes -September 30, 2004
Recommended action:
Approve minutes.
2B Approval of Check Register
Recommended action:
Approve check register.
2C. Resolution authorizing investment in the Local Agency Investment Fund (LATE)
and designating the positions with authority to withdraw or deposit monies in
LAIF
Recommended action:
Adopt resolution.
2D. Confirmation and Appointment of Administrator Services Director
Recommended action:
Adopt resolution.
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2E Motor Vehicle (MV) Resolution Prohibiting Parking & Dumping at the Southerly
Corner of Austin Way and Highway 9
Recommended action:
Adopt resolution.
2F. 2003 Pavement Management Program -Notice of Completion
Recommended action:
Accept Notice of Completion.
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2G. Citywide Signal Upgrade Project -Notice of Completion
Recommended action:
Accept Notice of Completion.
2H. Resolution Endorsing All Fire Stations in Santa Clara County as "Save Surrender"
Sites
Recommended action:
Adopt resolution.
PUBLIC HEARINGS
None
OLD BUSINESS
None
NEW BUSINESS
3. School Holiday Trees for Village Tree Lighting Ceremony
Recommended action:
Accept report and direct staff accordingly.
4. Do Off-leash Hours/Areas in City-Owned Parks
g
Recommended action:
Accept report and provide direction to staff pertaining to Options 1 and 2 as listed
in report.
State of California Department of Parks and Recreation 2002 Resources Bond Act
(Proposition 40) Youth Soccer Grant Program and Healthy Communities Grant
Program; Authorization to Proceed With Grant Applications and Approval of
Grant Resolution
Recommended action:
Authorize staff to proceed with the Grant Applications; adopt resolutions.
6. Grand Jury Report Concerning the Santa Clara Valley Transportation Authority
(VTA)
Recommended action:
Accept report and provide direction regarding a response to the Grand Jury Report
-Inquiry into the Board Structure and Financial Management of the (VTA).
7. Proposal for the 3Td Annual Mustard Walk
Recommended action:
Accept report and direct staff accordingly; adopt resolution.
8. Park Rental Fee Information
Recommended action:
Accept report.
COMMISSION ASSIGNMENT REPORTS
Mayor Waltonsmith
None
Vice Mayor King
City/School Ad-Hoc Committee
Councilmember Bo og sian
None
Councilmember Kline
Village Ad-Hoc Committee
Councilmember Streit
None
CITY COUNCIL ITEMS
OTHER
CITY MANAGER'S REPORT
In compliance with the Americans with Disabilities Act (ADA)', if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269
or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the
City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR
35.102-35.104 ADA Title II).
Certificate of Posting of Agenda:
I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda
for the meeting of the City Council of the City of Saratoga was posted on October 15,
2004 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and
was available for public review at that location. The agenda is also available on the
City's website at www.sarato ag ca.us
Signed this 1 Sh day of October 2004 at Saratoga, California.
Cathleen Boyer, CMC, City Clerk
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CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2004
11/3 Regular Meeting
11/17 Regular Meeting
12/1 Regular Meeting
12/15 Regular Meeting
5
SARATOGA CITY COUNCIL
MEETING DATE: October 20, 2004 AGENDA ITEM:
-_.__
ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~ ~%`"'~"'-
PREPARED BY: DEPT HEAD:
Cathleen Bover ~y ('.-lark
SUBJECT: Commendations -Outgoing Library Commissioners
RECOMMENDED ACTON:
Present commendations.
REPORT SUMMARY:
Attached are commendations for the following outgoing Commissioners:
Cathy Foscato
Don Johnson
Marcia Manzo
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda..
ATTACHMENTS:
Attachment A - Copy of commendations
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
CATHY FOSCATO
FOR HER SERVICE ON THE
LIBRARY COMMISSION
WHEREAS, Cathy Foscato's tenure on the Library Commission began in February 1995,
representing the City of Monte Sereno admirably; and
WHEREAS, Cathy participated in the campaign that provided the very necessary funding
for the quality library services at the Saratoga Library for the last ten years and will sunset in June
2005; and
WHEREAS, Cathy accepted many special assignments for the Library Commission such as
representing Saratoga and Monte Sereno on the Citizens Advisory Committee to the Library Joint
Powers Authority; and
WHEREAS, Cathy's interest end efforts have influenced not only the building that houses
the Saratoga Community Library, but also the scope of library services and intellectual freedom
afforded library patrons throughout the County of Santa Clara; and
WHEREAS, Cathy served the Friends of the Saratoga Libraries for many years and has held
many offices including President; and
WHEREAS, Cathy will continue her dedication to the Book-Go-Round, sorting and
transporting donated books; and
WHEREAS, Saratoga City Council is proud of the citizens who contribute time and talent. to
our community.
NOW, THEREFORE, BE IT RESOLVED, that Cathy Foscato is hereby commended and
thanked for her hard work and dedication on the Library Commission.
BE IT FURTHER RESOLVED that we wish her well in the future.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 20a' day of
October 2004.
Ann Waltonsmith, Mayor
City of Saratoga
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
DON JOHNSON
FOR HIS SERVICE ON THE
LIBRARY COMMISSION
WHEREAS, Don Johnson was first appointed to serve on the
Citizen's Oversight Committee for the Library Bond in June 2000; and
WHEREAS, Don was appointed to serve on the Library Commission
in November 2000; and
WHEREAS, Don quietly, deliberately, and thoughtfully influenced
the recommendations and actions of the Library Commission during his
tenure; and
WHEREAS, Saratoga City Council is proud of the citizens who
contribute time and talent to our community
NOW, THEREFORE, BE IT RESOLVED, that Don Johnson is
hereby commended and thanked for his hard work and dedication on the
Library Commission.
BE IT FURTHER RESOLVED that we wish him well in the future.
WITNESS MY HAND AND THE SEAL OF THE CITY OF
SARATOGA on this 20t'' day of October 2004.
Ann Waltonsmith, Mayor
City of Saratoga
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
MARCIA MANZO
FOR HER SERVICE ON THE
LIBRARY COMMISSION
WHEREAS, Marcia Manzo began her nearly ten year tenure on the Library Commission in
June of 1995; and
WHEREAS, Marcia graciously and competently served as Chair to the Library Commission
for nine consecutive years; and
WHEREAS, Marcia was the spark behind the community survey and awareness campaign
sponsored by the Friends of the Saratoga Libraries that were the cornerstones to the most recent
successful library bond measure and facility expansion project; and
WHEREAS, when Marcia's energy and dedication to the library expansion was recognized
as an invaluable resource, the City Council requested and she agreed not only serve by Chair the
Library Expansion Committee; and I
WHEREAS, Marcia's interest and efforts have influenced ~I of only the building that houses
the Saratoga Community Library, but also the scope of library services and intellectual freedom
afforded library patrons throughout the County of Santa Clara; and
WHEREAS, Marcia will continue to affect Saratoga Community Library as she serves as
the 2004/1005 President of the Friends of the Saratoga Libraries; and
WHEREAS, Saratoga City Council is proud of the citizens who contribute time and talent to
our community.
NOW, THEREFORE, BE IT RESOLVED, that Marcia Manzo is hereby commended and
thanked for her hard work and dedication on the Library Commission.
BE IT FURTHER RESOLVED that we wish her well in the future.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 20~' day of
October 2004.
Ann Waltonsmith, Mayor
City of Saratoga
SARATOGA CITY COUNCIL
AGENDA ITEM: /~
CITY MANAGER: ~-~G~-~~----_
MEETING DATE: October 20, 2004
ORIGINATING DEPT: City Manager's Office
PREPARED BY:
DEPT HEAD:
SUBJECT: Declaring The Week of October 17-23, 2004 Teen Read Week
RECOMMENDED ACTION:
Present proclamation.
REPORT SUMMARY:
Attached is a proclamation declaring the week of October 17-23, 2004 "Teen Read. Week".
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMEND D ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Attachment A -Copy of copy of proclamation.
CITY OF SARATOGA
PROCLAMATION
DECLARING THE WEEK OF OCTOBER 17-23,.2004
TEEN READ WEEK
WHEREAS, the ability to read and process information is a basic survival skill
in our global information society; and
WHEREAS, the reading proficiency of teens has. remained stagnant over the
last thirty years; and
WHEREAS, the number of students who can read but choose not to do so is
increasing; and
WHEREAS, the most effective way to improve reading skills is to read
regularly and often; and
WHEREAS, too few teens think reading is a valuable tool for enjoyment and
relaxation as well as for schoolwork; and
WHEREAS, regular daily reading for the fun of it creates the reading habit for
life; and
WHEREAS, parents, teachers, librarians, and all concerned adults can serve as
role models by reading for fun themselves;
WHEREAS, the Saratoga Library has activities planned this very week to
encourage teen reading such a book raffles and animation demonstrations
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of
Saratoga does hereby proclaim and recognize October 17-23, 2004
Witnessed our hand and seal of the City of Saratoga on this 20~' day of October 2004.
Ann Waltonsmith, Mayor
City of Saratoga
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SA-RATOGA CITY COUNCIL
MEETING DATE: October 20, 2004
ORIGINATING DEPT: City Manager's O e
PREPARED BY:
Cathleen. Boyer, Clerk
AGENDA ITEM:
CITY MANAGER: ~~
DEPT HEAD:
SUBJECT: City Council Minutes
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
Special Meeting -September 30, 2004
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
NIA
FOLLOW UP ACTION:.
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachunent A -Minutes September 30, 2004
MINUTES ~~_
SARATOGA CITY COUNCIL
SPECIAL MEETING
SEPTEMBER 30, 2004
Mayor Waltonsmith called the Council meeting to order at 5:45 p.m.
ROLL CALL
PRESENT: Councihnembers Stan Bogosian Norman Kline,
Nick Streit; Vice Mayor Kathleen King, Mayor Ann
Waltonsmith,
ABSENT: None
ALSO PRESENT: Dave Anderson, City Manager
Lorie Tinfow, Assistant City Manager
Cathleen Boyer, City Clerk
Richard Taylor, City Attorney
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR _SEPTEMBER 30.
2004
Cathleen Bayer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of September 30, 2004 was properly posted on September 29,
2004.
1. AUTHORIZATION OF ABSENCE
STAFF RECOMMENDATION:
Authorize Council member absence from September 15, 2004 City Council
meeting
Richard Taylor, City Attorney, stated that according to Government Code Section
36513 if a Councilmember is absent without permission from :all regular City
Council meetings for sixty (60) days consecutively from the last regulaz meeting
he attends; his office becomes vacant and shall be filled as any other vacancy.
City Attorney Taylor noted that the August 4, 2004 was the last meeting
Councilmember Bogosian attended. The next City Council meeting is October 6,
2004; which would be more than 60 days from the last meeting, he attended.
City Attorney Taylor stated that his recommendation was to excuse
Councilmember Bogosian's absence from the September 15, 2004 City Council
meeting.
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Councilmember Kline recommended that the City Attorney amend the City Code
to include policy on Council absences. Councilmember Kline noted that because
the City has no set policy he would support the recommended action and excuse
Councilmember Bogosian.
Councilmember Streit noted that he would not support the recommended action to
excuse Councilmember Bogosian. Councilmember Streit noted that the citizens of
Saratoga elect the Council who are then obligated to attend the meetings unless
there is a death or illness in one's immediate family. Councilmember Streit stated
that having to work is not an excuse he would support.
Vice Mayor King stated that she would not support the recommended action.
Councilmember Bogosian had no comments.
Mayor Waltonsmith stated that she would support excusing Councilmember
Bogosian's absence tonight. Mayor Waltonsmith stated that she supports
Councilmember Kline's request to direct the City Attorney to amend the code to
include policy on Council absences.
KLINEBOGOSIAN MOVED TO APPROVE COUNCILMEMBER
BOGOSIAN'S ABSENCE ON SEPTEMBER 15.2004. MOTION PASSED 3-
0-2 WITH KING AND STREIT OPPOSING.
ADJOURNMENT
There being no further business Mayor Waltonsmith adjourned the meeting at 5:57 p.m.
and thanked everyone for attending the meeting.
Respectfully submitted,
Cathleen Boyer, CMC
City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: October 20, 2004 AGENDA ITEM: /~~
ORIGINATING l?EPT: Administrative Services CITY MANAGER: ~/ ~~~~~
PREPARED BY: Jaye Tkaci~T DEPT HEAD:
SUBJECT: Check Registers: 10/7/04
RECOMMENDED ACTION(S):
Approve the Check Register.
REPORT SUMMARY:
Attached is the Check Register.
FISCAL IMPACTS:
None
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
None
ALTERNATIVE ACTION(S):
None
FOLLOW UP ACTION(S):
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None
ATTACHMENTS:
Check Register Certification.
CHECK REGISTER CERTIFICATION
Fiscal year 04/05
Fund# Fund Name Date Manual Void Total
10/7/2004 Checks Checks
CHECKS A97612-97720
GENERAL
0 COPS-SLESF
0 Traffic Safety
0 Streets & Roads
0 LLA Districts
0 Dev Services
0 Environmental
0 Housing & Gomm
0 Recreation
1 Teen Services
2 Facility Ops
3 Theatre Surcharge
Park Develpmt
Library Expansion
1 Public Safety
? Infrastructure
3 Facility
f Park and Trail
Library Debt
Leonard Creek
Cable TV
PD #3
Deposit Agency
btotaf
YROLL CHECKS: 630294-30323
ITAL
320,048.78 15,066.13
496.44
8,615.78
9,320.96
8,171.55
23, 336.43
646.50
5,756.95
491.10
600.00
34, 008.72
5,464.27
13,188.19
2, 946.14
298.59
10,344.13
443, 734.53 15, 066.13
335,114.91
496.44
8,615.78
9; 320.96
8,17155
23,336.43
646.50
5.756.95$
491.1.0
600:00
'i
34, 008.72
5,464.27
13,188:19
2, 946.14
298.59
10,344.13
458,800.66
107,857:68
566,658:34
Prepared by: Date:
Approved by:
Apr-99
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SARATOGA CITY COUNCIL
MEETING DATE: October 20.2004 AGENDA ITEM:
ZC,
ORIGINATING DEPT: Admin. Services CITY MANAGER: ~~~,'~'-~-
PREPARED BY: Pete Kolf DEPT HEAD: Pete Kolf
SUBJECT: A resolution authorizing investment in the Local Agency Investment end
(LATE) and designating the positions with authority to withdraw or deposit
monies in LAIF
RECOMMENDED ACTION:
Approve the resolution
REPORT SUMMARY:
As of the end of August, 2004, general investments in LAIF were $12,042,803.31. In addition,
the amount of $343,026.?8 is invested resulting from the Saratoga Community Library Project.
Since previous officers of the City of Saratoga who were autho ' ' ed to sign on behalf of the City
aze no longer with the City, we are required to submit a new reso tion to LAIF showing the list
of positions, which are authorized to make deposits and withdra son behalf of the City of
Sazatoga. Positions authorized to sign on behalf of the City are th City Manager, Assistant City
Manager, Administrative Services Director, and the City Clerk.
FISCAL IMPACTS:
None
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City will not be able to deposit or withdraw monies from LAIF to support the City's
accounts payable or payroll or invest idle City monies with LAiF.
ALTERNATIVE ACTION:
instruct City staff to find alternative investments to LAIF.
RESOLUTION NO.
A RES-OLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
PROVIDING CERTAIN CITY OF SARATOGA POSITIONS AUTHORITY TO
DEPOSIT OR WITHDRAW MONIES IN THE LOCAL AGENCY INVESTMENT
FUND FOR THE CITY OF SARATOGA.
The City Council of the City of Saratoga DOES RESOLVE as follows:
A. WHEREAS, pursuant to Chapter 730 of the statues of 1976, Section
16429.1 was added to the California Government Code to create a Local Agency
Investment Fund in the State Treasury for the deposit of money of a local agency for the
purposes of investment by the State Treasurer:
B. WHEREAS, the City Council of the City of Saratoga hereby finds that
the deposit and withdrawal of money in the Local Agency Investment Fund in
accordance with the provision of Section 16429.1 of the California Government Code for
the purpose of investment as stated therein is in the best interest of the City of Saratoga.
NOW, THEREFORE, the City Council of the City of Saratoga finds and
determines as follows:
Section 1. F dine
The recitals set forth are true and correct statements and art hereby
incorporated.
Section 2. Authorizations.
A. The City Council does hereby authorize the deposit and withdrawal of
City of Saratoga monies in the Local Agency Investment Fund in the State Treasury in
accordance with the provisions of Section 16429.1 of the California Government Code
for the purpose of investment as stated therein, and verification by the State Treasurer's
Office of all banking information provided in that regard.
B. The City Council further authorizes the following City of Saratoga officers
or their successors in office to order the deposit or withdrawal of monies in the Local
Agency Investment Fund:
1.
2
Dave Anderson, City Manager
Lorie Tinfow, Assistant City Manager
3.
Michele Braucht, Administrative Services Director
4.
Cathleen Boyer, City Clerk
The above and foregoing resolution was passed and adopted at a regular meeting of the
Saratoga City Council held on the 20"' day of October, 2004, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Cathleen Boyer, City Clerk
Ann Waltonsmith, Mayor
•
SARATOGA CITY COUNCIL
. 2t
MEETING DATE. October 20, 2004 AGENDA ITEM.
ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~"`~ ~~""''~
PREPA~tED BY: Lorie Tinfow. Assistant City Mer. DEPT HE
SUBJECT: Confirmation of Appointment of Administrative Services Director
RECOMMENDED ACTION:
Adopt resolution.
REPORT SUMMARY:
According to City Code Section 2-20.050(d) the City Council must conf nn each department director upon
appointmen# by the City Manager. With recent clarification of Directors' at-will status represented in the
agreement with the Saratoga Management Organization, this confirmation will likely be the last brought to
Council. In the next few months, staff will bring a Municipal Cade modification to the City Council to bring it
into conformance with the new agreement. Attached is a resolution confirming the appointment of the new
Administrative Services Director, Michele Braucht.
FISCAL IMPACT:
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Department Director would remain unconfirmed by the City Council.
ALTERNATIVE ACTION:
None.
FOLLOW UP ACTION:
City Clerk provides certified copies of confirmation resolution to Department Director and Human Resources
for placement in personnel files.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
~osting of the agenda:
ATTACI3MENTS:
Attachment A - Copy of resolution.
RESOLUTION NO.04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA CONFIRMING THE APPOINTMENT OF.THE
ADMINISTRATIVE SERVICES DIRECTOR
WHEREAS, Saratoga City Code Section 2-20.050(d} gives the City Manager the authority
to appoint, employ, remove, promote and demote any and all officers and employees of the City; and
WHEREAS, Code Section 2-20-050(d) further states that no department director shall be
either employed or discharged without the consent of the City Council; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga
does hereby proclaim that it is the appropriate time to bring forward the following director:
Michele Braucht, Administrative Services Director
Was appointed on October 18, 2004, and confirmed by the City Council on October 20, 2004.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 20th day of October 2004 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ann Waltonsmith, Mayor
ATTEST:
Cathleen Boyer, City Clerk
•
SARATOGA CITY COUNCIL.
MEETING DATE: October 20, 2004 AGENDA ITEM:
ORIGINATING DEPT: Public Works CITY MANAGER: ~~ G~----
PREPARED BY: John Cherbone DEPT HEAD:
SUBJECT: Motor Vehicle (MV) Resolution Prohibiting Parking & Dumping at the Southerly
corner of Austin Way and Highway 9.
RECOMMENDED ACTION:
Move to adopt Motor Vehicle Resolution prohibiting pazking and & dumping at the West comer of
the Southerly intersection of Austin Way and Highway 9.
REPORT SUMMARY: ,
Periodically the City receives complaints regarding parking and d ping along portions of
Tiighway 9, which is under the- jurisdiction of Caltrans. A vacant co er area located at the
Southerly intersection of Austin Way and Highway 9 has recently b me a favorite place for
parking and dumping of construction material (see attached location map). In order to enforce
parking and dumping restrictions at this comer, it is necessary that a Motor Vehicle Resolution be
adopted by City Council.
Please find attached a Motor Vehicle Resolution, which will prohibit parking and dumping at this
comer. If the resolution is adopted by City Council the City will apply for an encroachment pemut
to install the parking and dumping control signs in the State Right-of--Way.
FISCAL IMPACTS:
Approximately $250 in labor and materials for the City to install the signs.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The MV Resolution would not be adopted and parking and dumping would continue to be
unenforceable in this area_
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
~ encroachment permit from Caltrans will be applied for, the signs will be installed, and the
Sheriffs Department will be notified of the new restrictions.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
•
1. Location Map.
2. Motor Vehicle Resolution prohibiting parking and dumping at the intersection of Austin Way
& Highway 9.
2 of 2
RESOLUTION NO. MV-
RESOLUTIONRESTRICTING PARKING AND DUMPING AT THE SOUTHERLY
INTERSECTION OF AUSTIN WAY AND HIGHWAY 9
The City Council of the City of Saratoga hereby resolves as follows:
Section I: Based upon an engineering and traffic study, the following parking and
dumping restrictions shall designated at the southerly intersection of Austin Way and
Highway 9:
NAME OF STREET DESCRIPTION RESTRICTION
Austin Way and The West corner of the Southerly No Parking
Highway 9 intersection of Austin Way and No Dumping
Highway 9.
This resolution shall become effective at such time as the signs and/or markings installed.
The above and foregoing resolution was passed and adopted by the City Council of the
City of Saratoga at a regular meeting held on the 20th day of October, 2004, by the
following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Ann Waltonsmith, Mayor
Cathleen Boyer, City Clerk
IVIVIV 1 C j
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et InIn1V~lI~F
GATpS
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~Q~ ~ LOCA" O OF NO PARKING
O AND NO DUMPING SIGNS
S
SARATOGA CITY COUNCIL
MEETING DATE: October 20.2004 AGENDA ITEM:
ORIGINATING DEPT: Public Works CITY MANAGER: -~
PREPARED BY: Mown Kessler ~j DEPT HEAD:
SUBJECT: 2003 Pavement Maintenance Program-Notice of Completion
RECOMMENDED ACTION(S):
Move to accept the 2003 Pavement Maintenance Program as complete and authorize
staff to record the Notice of Completion for the construction contract.
REPORT SUMMARY:
All work for the 2003 Pavement Maintenance Program has been completed by the City's
contractor, Valley Slurry Seal Co., and has been. inspected by Public Works staff. Overall, the
quality and quantity of construction completed through this contract was very favorable. A
considerable amount of thermoplastic striping work was performed through this contract, and
this work should last for several years virtually maintenance free.
The original contract awazd amount was $70,791.28, with extra work/change order authority of
$60,000. An additional change order amount of $55,000 was later authorized by Council to
provide for extra striping work. The (anal construction contract amount for the project was
$161,508.96,-which included all change orders and extra work. The final amounts are
summarized as follows:
Original Contract Amount: $70,791.28
Original approval for additional work: $50,000.00
Original Change Order Authority $10,000.00
Change Order Amount for additional work (7/7104) $55,000.00
Final Project Budget Including Both Change Orders $185,791.28
Final Contract Amount, Including Change Order Work: $161,508.96
In order to close out the construction contract and begin the one-year maintenance/warranty
period, it is recommended that the Council accept the project as complete. Further, it is
recommended that the Council authorize staff to record the attached Notice of Completion for the
construction contract ~ that the requisite 30-day Stop Notice, for the filing of claims by
subcontractors or material providers may commence.
FISCAL IMPACTS:
This project has been paid for through 2003 Pavement Management Program CIP funding.
CONSEQUENCES OF NOT FOLLOWING RECOMI~~NDED ACTION(S):
The project would not be accepted as complete and staff would notify the contractor of any
additional work required by the City Council before the project would be accepted as complete.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Staff will record the Notice of Completion for the construction contracts and release the contract
sureties and retentions thirty days thereafter.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional
ATTACHMENTS:
1. Notice of Completion for the 20Q3 Pavement Maintenance Program.
•
•
Recording requested by,
And to be returned to.
City bf Saratoga
Public Works Department
13777 Fruitvale Avenue
Saratoga, CA 95070
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned
below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale
Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor
mentioned below, on property of the Owner, was accepted as complete by the Owner on the 20th
day of October, 2004.
Contract Number: N/A
Contract Date: November 7th, 2002
Contractor's Name: Valley Slurry Seal Co.
Contractor's Address: P.O. Box 1620, West Sacramento, CA 9561-1620
Description of Work: 2003 Pavement Maintenance Program I
Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State
of California.
The undersigned certifies that he is an officer of the City of Saratoga, that he has read the
foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same
is true of his own knowledge, except as to those matters which are therein stated on the
information or belief, as to those matters the he believes to be true.
I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of
Saratoga, County of Santa Clara, State of California on .2004.
CITY OF SARATOGA
BY:
Dave Anderson
City Manager
ATTEST:
Cathleen Boyer, City Clerk
Gov. Code 40814
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I
SARATOGA CITY COI~NCIL
NDA ITEM:
AGE
ORIGINATING DEPT: Public Works CITY MANAGER: ~"`-~G`' "'~
FREPARED BY: A' „org_ n Kessler DEPT HEAD:
.}
MEETING DATE: October 20th, 2004
SUBJECT: Citywide Signal Upgrade Project Notice of Completion
RECOMMENDED ACTION(S):
Move to accept the Citywide Signal Upgrade Project as complete and authorize staff
to record the Notice of Completion for the construction contract.
REPORT SUMMARY:.
All work for the Citywide Signal Upgrade Project has been co feted by the City's. contractor,
Republic Electric, ;and has been inspected by Public Work's The majority- of this work
included the upgrade and retrofitting of Saratoga-owned traffic nal controller hardware and
software. The final construction contract amount for the project as $441,000. There were no
change orders related to this project.
Project Summary:
Contract Award Amount: $441,()00.00
Change Order Authority: $44,000.00
Final Contract Amount: $441,004.00
Contract Change Orders: None
In order to close out the. construction contract and begin the one-year maintenance/warranty
period, it, is recommended that the Council accept the project as complete. Furkher, it is
recommended that the Council authorize staff to record the attached Notice of Completion for the
construction. contract so that the requisite 30-day Stop Notice for the filing of claims by
subcontractors or material providers. may commence.
FISCAL iMPACTSt
This project has been paid for through the Citywide Signal Upgrade Project CIP, of which
5390,000 is funded through State and Federal grants.
a
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The project would not be accepted as complete and staff would notify the contractor of any
additional work required by the City Council before the project would be accepted as complete.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Staff will record the Notice of Completion for the construction contracts and release the contract
sureties and retentions thirty days thereafter. Staff will submit final invoice to .State for
reimbursement.
ADVERTISING, NOTTCING AND PUBLIC CONTACT:
Nothing additional
ATTACHMENTS:
1. Notice of Completion for the Citywide Signal Upgrade Project.
•
•
Recording requested by,
And to be returned to:
City of Saratoga
Public Works Department
13777 Fruitvale Avenue
Saratoga, CA 95070
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned
below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale
Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor
mentioned below, on property of the Owner, was accepted as complete by the Owner on the 20th
day of October, 2004.
Contract Number: N/A
Contract Date: June 6th, 2003
Contractor's Name: Republic Electric
Contractor's Address: 7120 Redwood Blvd., Novato, CA 94945-4114
Descri tion of Work: Traffic Signal U ades
p P~'
Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State
of California.
The undersigned certifies that he is an officer of the City of Saratoga, that he has read the
foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same
is true of his own knowledge, except as to those matters which are therein stated on the
information or belief, as to those matters the he believes to be true.
I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of
Saratoga, County of Santa Clara, State of California on , 2004.
CITY OF SARATOGA
BY: ATTEST:
Dave Anderson
City Manager
•
Cathleen Boyer, City Clerk
Gov. Code 40814
s,
- SARATOGA CITY COUNCIL
MEETING DATE: October 20, 2004 AGENDA ITEM:
~''l
ORIGINATING DEPT: Office of City Manager CITY MANAGER: ~~~~--~' ""'--
PREPARED BY: Ann Sullivan DEPT HEAD:
SUBJECT: Adopt Resolution Endorsing All Fire Stations in Santa Clara County as "Safe
Surrender" Sites.
RECOMMENDED ACTION(S):
Adopt Resolution.
REPORT SUMMARY:
The Safely Surrendered Baby Law went into effect in January 2 1. This. year three infants have
been abandoned in Santa Clara County. The Board of Superviso recently approved the creation
of a Safe Haven Taskforce to develop recommendations that wo d achieve the goal of no babies
being abandoned°in our community. The City of Saratoga has b an active participant on this
Task Eorce. The Board also recently adopted a resolution designating fire stations as "Safe
Surrender" sites to allow safe and confidential release of newborn infants in the County of Santa
Clara. The Board of Supervisors has asked cities in Santa Clara County to adopt the attached
resolution .supporting this program. The Saratoga Fire Department has also endorsed the
resolution and will be a participant in the program.
FISCAL IMPACTS:
No fiscal impact to the -City of Saratoga.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
Council could decide not to adopt Resolution.
FOLLOW UP ACTION:
City Clerk will mail certified adopted Resolution to County of Santa Clara Board of Supervisors
prior to November 3, 2004.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Attachment A -Letter dated August 26, 2004, from County of Santa Clara Board of Supervisors
Attachment B -Resolution
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County of Santa Clara o~5° •• v~o
Office of the Board of Supervisors ~ (Ju ~ .~•. • s,~'
County Government Center, East wing ~' Za0 ~ :
70 west Hedding Street, t oth Floor ! l.~ ~ 4 $ i~
San Jose, California 95 t t o Y V1- JH~ f • ail/" ,J
(408} 299-5040 UGA `~,,1;•..•,•.~;~::•••c~~
FaX: (408) 299-2038 TDD 993-8272 Tq CLA4'A
www.Jimbeall.org
James T. Beall, Jr.
Supervisor Fourth District
August 26, 2004
Dave Anderson
City Manager
City of Saratoga
1:37.77 Fruitvale Ay~z>iue
Saratoga, CA 95070
Dear Mr. Anderson:
I would like to extend an invitation to participate in the Santa Cara County Safe Haven Taskforce.
Baby abandonment has become a crisis in our community in spike of the fact that the Safely
Surrendered Baby Law went into effect in January 2001. This year three infants have been abandoned in
Santa Clara County.
Upon my recommendation, the Board of Supervisors recently a~proved creation of a Safe Haven
Taskforce to develop recommendations within 90 days that will'acheve the goal of no babies being
abandoned in our community. The Board also adopted a resoluCion designating County Fire stations
as "Safe 'Surrender" sites to allow safe and confidential release df newborn infants in the County of
Santa Clara. The Taskforce will require countywide collaborative efforts and is essential to ensure the
preventive facet of the Safe Haven Law; enhancing services to omen of childbearing age and their
families; and designing and implementing a widespread public information campaign.
Your participation is critical to our success. Please RSVP by September l0a` and include which Sub-
committee of the Taskforce you would like to participate in. Please see attachment for listing and
brief description of'each s'ub-committee.
Santa Clara County Safe Haven Taskforce
September 16, 2004. 2:30 PM ~ 4:30 PM
Location: Sheriff's Auditorium 55 West Younger A
County parking permits will be sent upon request if res
RSVP by September 10, 2004 to (408) 299-5040 or a
Email response preferred.
I look forward to collaborating with you to ensure that no
community: Thank you.
es T. Beall, Jr.
Chairperson, Santa Clara County Safe Haven Taskforce
Supervisor, District Four
:, San Jose, CA 95110
within RSVP deadline.
.OI1C bOS.SCCgOV.OrF,
are abandoned again in our
Acid Free Paper
.. `• `
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~'~ ,.~° ` SAN'T'A CLARA CO~JNTY
,-.,,
SAFE HAVEN TASKFORCE SUB-COMMITTEES
The Safe Haven Taskforce will oversee the following subcommittees: Media and
Outreach, Policy and Legislation, Public Safety and Health and Human Services.
Subcommittees are charged to produce a set of recommendations that will:
Ensure the safety and health of infants who are surrendered.
• Prevent infant death due to abandonment.
• Increase public awareness of the law.
Remove barriers and enhance access to parents or .'those who might assist parents in
safely surrendering an infant.
Ensure a method for gathering and communicating data on the number of infants
safely surrendered or abandoned in Santa Clara County.
Media and Outreach Subcommittee (Inclia.ding,°but riot limited #Q):..
~,_
• Ensure a regionally consistent Public Information Campaign.
• Identify ways to ensure a culturally sensitive and appropriate approach to outreach.
Identify methods for reaching out to high-risk parent(s) those who may be on the
verge of abandoning their babies.
• Implementation of Uniform Site Designation throughout the County.
Policy and>Legislation Subcommittee (Including butnot limited #o): .,
• Examine the need for amendments to the existing law at would clarify cextain
aspects related to safeguarding the confidentiality tp pa~ents who safely surrender
their babies.
Identify opportunities to enhance the prevention aspect of the law.
• Determine if there are other opportunities that rnig~tt facilitate the implementation
of the Law.
Pub~icaafety Subcommittee (Including but not``lm
Determine the feasibility and need of expanding ~
entities within Santa Clara County
• Consider ways of improving access to designated
health of mother and infant
Training module for specialized details for staff li
Health and Human Services Subcommittee (Includi~
• Development of a Standardized training and proce
Information on location of Safe haven sites; Available p~
Social cultural and psychological aspects of clzildbearin~
be concealing or denying pregnancies; Methods for deve
curricula to include information about SSB.
Identify data elements to be collected regarding all
abandoned consistent with State instruction for dai
CWS/CMS system.
to):
Haven Sites to other public
and protecting safety and
to receive surrendered babies.
buf not limited to):
urai modules including:
Mention and support programs;
Ways of assisting women zvho may
ping or augmenting school
ewborns safely surrendered or
collection through the
•
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA, CALIFORNIA, AUTHORIZING THE CITY OF
SARATOGA TO SUPPORT THE SAFE HAVEN PROGRAM
FOR NEWBORNS
WHEREAS, The State Legislature has enacted Health and Safety Code § 1255.7 which
allows any person having lawful custody of a minor child 72 hours old or younger to surrender
physical custody of the child to an employee at a location designated by the Board of
Supervisors: and
WHEREAS, the City of Saratoga is desirous of supporting all fire stations in Santa Clara
County as "Safe Surrender" sites to allow safe and confidential release of newborn infants in the
County of Santa Clara; and
WHEREAS, such designation is for the benefit of childre and the community because it
will provide a safe haven to newborns who are 72 hours old or yo ger.
i
I
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 20th day
of October, 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
Ann Waltonsmith, Mayor
ATTEST:
Cathleen Boyer, City Clerk
'r'
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SARATOGA CITY COUNCIL
MEETING DATE: October 20.2004_.__ AGENDA
ORIGINATING DEFT.: ity Manager's Office CITY MAN
PREPARED BY: Danielle Surdin, Econ. Dev. Coord. DEPT.
SUBJECT: School Holiday Trees for Village Tree Lighting Ceremony
RECOA~VVIENDED ACTION:
Accept report and direct. staff accordingly.
REPORT SUMMARY:
This year Council member King suggested that the City of Saratoga expand the City's Anne
Tree Lighting Ceremony program. The new concept would include all our Saratoga K-T2 sc
with individual trees representing their school for this upcoming 2004 holiday season.
In November 2001, the City launched its first Tree Lighting Ceremony in conjunction with
Village's Annual Merchant Open House. Traditionally, the City has hosted the Tree Lighti:
Ceremony to kick-off the holiday season and Village Merchant Open House with a brief ho
welcome by the Mayor, followed by a countdown to light the City's holiday tree. This year
City will be hosting its fourth Annual Tree Lighting Ceremony and will include live music,
with the traditional holiday welcome from the Mayor.
Due to the growing popularity of this event over the years, Blaney Plaza's physical capacity 1
safely accommodate all the attendees is becoming an issue. Capacity issues could arise on tt~
site due to the increase of school-related attendees. Depending on the size and location of the
trees, it is important to have adequate space available for both the installation and decoration
the trees. For all of Saratoga's public and private schools to participate, 11 additional trees
would need to be added to the Blaney Plaza site.. Lighting and. decorating of the trees would
assumed by each school, while installation, daily watering, maintenance, and tree removal cc
be performed by the City's Public Works Department.
If the schools are to participate, they would need to assume responsibility for parent notificat
within their individual schools. However the City's promotional material would be modified
include the tree portion of the event. If Council approves the expansion of the program, staff
would need to receive confirmation from all Saratoga school principals no later than Thursda
October 28, 2004 to meet various event deadlines.
•
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The following is a list of options for Council to consider for expanding the Tree Lighting
Ceremony:
OPTION 1-SCHOOL HOLIDAY TREES AT BLANEY PLAZA
^ 11 trees could be ordered and placed throughout Blaney Plaza representing each Sazatoga
K-12 school.
^ City Staff would. be responsible for tree installation, daily watering maintenance, and
removal of the tree after the holiday season.
^ Schools would be responsible for the installation of donated lights, provide school-made
decorations, and the creation of a school identification sign.
^ .Student representatives from each of the schools would be invited to introduce their tree
the night of the Tree Lighting Ceremony.
^ Trees would be installed two weeks prior to the event to allow school representatives
time for decorating.
^ On or before January 10, 2005, School representatives would remove decorations and
lights to prepare the tree for removal.
^ School officials would be responsible for promoting the holiday tree program throughout
their individual schools.
^ City promotional materials would be changed to reflect the additional school
participation. Items include:
^ City Press Releases
^ City Posters
^ City Ad Promotion in Saratoga News, San ose Mercury Guide Edition,
and KSAR Channel 15
EVENT TIMELINE
^ Response from each school confirming participation
Due: Thursday, October 28, 2004
^ Individual (in-house) School promotion of the Holiday Tree Lighting Event
Due: Monday, November 1, 2004
^ Public Works Department coordinates Holiday Tree Orders and deliveries
Due between: Monday, November 1, 2004 -Monday, November 8, 2004
^ City Media Promotion of the Event & Coordinating Contracts
Due:. Friday, November 5, 2004
^ School Holiday Tree Decorating
Due between: Monday, November 15, 2004 -Monday, November 22, 2004
^ S~' Annual Tree Lighting Ceremony
Due: Friday, November 26, 2004
•
2
OPTION 2 -SCHOOL HOLIDAY TREES AT INDIVIDUAL SCHOOL SITES
^ 11 trees could be ordered and delivered to the ten various Saratoga school sites two
weeks prior to the Village Tree Lighting Ceremony to allow time for decorating.
^ School representatives would be responsible for installation, daily watering maintenance,
and removal of the tree after the holiday season has ended.
^ Schools would be responsible for the installation of donated lights, provide school-made
decorations, and to create a school identification sign.
^ School representatives on or before January 10, 2005 would remove decorations and
lights to prepare tree for removal.
^ School officials would be responsible for promoting the holiday tree program throughout
their individual schools.
^ City promotional materials would be changed to reflect the additional school
participation. Items include:
^ City Press Releases
^ City Posters
^ City Ad Promotion in Saratoga News, San Jose Mercury Guide Edition,
and KSAR Channel 15
EVENT TIMELINE
^ Response from each school confirming participation
Due: Thursday, October 28, 2004
^ Individual (in-house) School promotion of the Holiday Tr e Lighting Event
Due: Monday, November 1, 2004
^ Public Works Department coordinates Holiday Tree orders and deliveries
Due between: Monday, November 1, 2004 -Monday, November 8, 2004
^ City Media Promotion of the Event & Coordinating Contracts
Due: Friday, November 5, 2004
^ School Holiday Tree Decorating
Due between: Monday, November 15, 2004 -Monday, November 22, 2004
^ 5th Annual Tree Lighting Ceremony
Due: Friday, November 26, 2004
OPTION 3 -TRADITIONAL VILLAGE TREE LIGHTING CEREMONY
^ Staff would continue planning 4th Annual Tree Lighting Ceremony
^ Staff could work with school officials to incorporate school trees into next year's Tree
Lighting Ceremony to allow more lead time for the schools to prepare
^ City promotional materials would remain unchanged this year
EVENT TIMELINE
^ City Media Promotion of the Event & Coordinating Contracts
Deadline: Friday, November 5, 2004
^ 5th Annual Tree Lighting Ceremony
Deadline: Friday, November 26, 2004
3
FISCAL IMPACTS:
A donor would pay for the funding of 11 Holiday Trees, tree stands, and decorative lights.
However, additional staff time from the Public Works Department, Corporation Yard and City
Manager's Office would need to be allocated to ensure a successful event.
ADVERTISING, NOTICING, AND PUBLIC CONTACT:
N/A
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION:
Staff would continue with planning the 4th Annual Tree Lighting Ceremony in
conjunction with the Village Merchant Open House.
ALTERNATIVE ACTION(S):
1. Options as described in this report.
FOLLOW UP ACTION(S):
1. Staff would contact school officials with event information, so schools could promote the
event in a timely matter to both parents and students.
2. City Promotional materials would be changed to reflect Council's direction related to the
School Holiday Tree Lighting
ATTACHMENTS:
1. Proposed site map for Blaney Plaza
2. List of all K-12 Schools
•
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. PARTICPATING SARATOGA SCHOOLS
Elementary Schools
^ Argonaut
^ Blue Hills
^ Foothill
^ Marshall Lane
^ Saratoga Oak Street
^ Saint Andrews
Middle Schools
^ McAuliffe Middle
^ Redwood Middle
^ Sacred Heart
High Schools
^ Prospect High
^ Saratoga High
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SARATOGA CITY COUNCIL
MEETING DATE: October 20, 2004 AGENDA ITEM:
QRIGINATING DEFT: Public Works CITY MANAGER: ~~
PREPARED BY: Cary Bloomquist DEPT HEAD:
SUBJECT: Dog Off-leash_ Hours /Areas in City-Owned Parks
RECOMMENDED ACTION(S)':
Accept report and' provide direction to staff pertaining to Options 1 and 2 as listed below.
REPORT SUMMARY:
Introduction '
At their October 4, 2004 regular meeting, the Parks and Recreati Commission were presented
information by members of the "Friends of Saratoga Dogs" reques 'ng dog off leash hours /areas
in City-owned parks. -The Commission forwarded this request to 'ty Council at their October 6,
2004 regulaz meeting and requested direction from Council on ho to proceed. Members of the
"Friends of Saratoga Dogs" also addressed the Council that evening, and presented a petition
with over 300 signatures from Saratoga residents supporting their request for off-leash hours /
azeas. The "Friends of Saratoga Dogs" was recently formed as a direct result of present
enforcement. efforts of the City's d®g ordinance at City owned parks. Council instructed staff. to
agendize this item for discussion this evening.
Discussion
City o~ncil and the Parks and Recreation Commission have discussed the issue of Dog. Parks at
different times over the past several years. Lack of a suitable site and budgetary constraints have
been hurdles too significant to overcome when looking at Dog Parks in the past. With rising
construction costs and a general lack of public buy-in for such a facility within City limits, the
feasibility of constructing a dog park. in Saratoga is challenging.
tion 1: The Parks 'and Recreation Commission (PRC) will contact other jurisdictions that
offer dog bff--leash hours/areas in their parks and gather the information pertaining to the
opportunities and constraints it presents. This task will be delegated by the PRC to the Dog Park
Task Force, with regular monthly updates by the Dog Park Task Force to the PRC until such time
as they aze ready to present back to City Council. During this process, 1-2 public input meetings
will beheld to gather public input prior to reporting back to City Council: These public meetings
can be noticed on a Citywide basis or locally in those azeas targeted for off-leash hours /areas.
tion #2: Designate an azea at a City Park as the site fora 3~month trial period for dog off-
leash hours. Public notice of the azea azound the pazk will occur, along with a public heazing at
City Council to amend the existing City Ordinance pertaining to dogs off-leash in City-owned
parks. Azule Pazk may be a desirable test site because a majority of the petitions presented to
Council originated from the areas surrounding the park.
FISCAL IMPACTS:
No direct costs other than City Attorney and staff time in reseazching these options
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Pazks and Recreation Commission will not reseazch options for dog off-leash hours/azea and
existing ordinance will remain and continue to be enforced.
ALTERNATIVE ACTION(S):
1) Choose to keep existing ordinance in place pertaining to dogs off-leash.
2) Choose a different trial location for dog off-leash areas /hours
FOLLOW UP ACTION(S):
Option #1) The Pazks and Recreation Commission will bring back to City Council, at a future '
meeting, information pertaining to how other Cities handle dogs off-leash in their Parks and
potential sites at various City-owned pazks. ~ ~I
Option #2) If 3-month trial period at Azule Park is chosen, the City Ordinance pertaining to
dogs off-leash in City-owned pazks will need to be changed or amended. Typically, this will
involve a public hearing prior to any changes being implemented. In addition, local law
enforcement and code enforcement will need to be notified and a new schedule of patrol will
need to be established to make certain the conditions of the trial period are being adhered to.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Option # 1) None
Option #2) Advertised public notice for public hearing
ATTACHMENTS:
None.
•
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SARATOGA CITY COUNCIL
MEETING DATE: October 20, 2004 AGENDA ITEM:
ATING DEPT: Public Works CITY MANAGER: `~ ~ '--
ORIGIN
PREPARED BY: Gary Bloomq~ DEPT HEAD:
SUBJECT: State of California Department of Park and Recreation 2002 Resources Bond
Act (Proposition 40) Youth Soccer Grant Program and Healthy Communities
Grant Program: Authorization to proceed with Grant applications and
approval of Grant Resolutions
RECOMMENDED ACTION(S):
1. Authorize Staff to proceed with Grant applications for the Youth Soccer Grant Program
and for the Healthy Communities Grant Program. '
2. Adopt the attached resolutions in support of the 2002 Y th Soccer Grant Program and
the 2002 Healthy Communities Grant for the City of Sarat a
REPORT SUMMARY:
As a direct result of the passage of the California Clean Water, Clean Air, Safe Neighborhood
Parks, and Coastal Protection Act of 2002, the City has an opportunity to apply for two
competitive grant programs for park improvements that may otherwise go unmet.
Estimated casts and other information pertaining to these grant programs is summarized in the
table below:
GRANT PROJECT DESCRIPTION: ESTIMATED LOCAL DEADLINE
PROGRAM: PROJECT MATCH: TO APPLY:
COSTS:
Youth Soccer "Sand Channel" field $200,040.00 Not November ~,
drainage improvements at mandatory 2004
Congress Springs Park but highly
recommended
Healthy Addition of one tennis court $100,000.00 Yes, 25% of November 5,
Communities at Azule ark ro'ect costs 2004
The first step of the application process is to submit authorizing resolutions from City Council.
ti unCl
The attached Resolutions are in support of these grant applications. Staff is reques ng Co 1
authorize staff to apply for these grant opportunities and adopt the attached resolutions.
FISCAL IMPACTS:
-None if competitive grants are not awarded.
-If grants awazded:
• Youth Soccer local match has an in-kind match option which A.Y.S.O. has
expressed interest in supporting. Another option would be a 10% total
project cost local match, or $20,000.00.
• Health Communities local match would be calculated based upon 25% of
the total project cost, or $25,000.00
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The City will not apply for either of these competitive grants.
ALTERNATIVE ACTION(S):
Staff can apply for only one grant.
FOLLOW UP ACTION(S):
City staff will complete and submit grant applications by November 5, 2004 deadline.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None
ATTACHMENTS:
•
A) Resolutions for 2002 Bond Act Youth Soccer and Healthy Communities Grant Programs
RESOLUTION
2002 RESOURCES BOND ACT
YOUTH SOCCER AND RECREATION DEVELOPMENT PROGRAM
Resolution No:
RESOLUTION OF THE
(Title of Governing Body)
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE YOUTH SOCCER
AND RECREATION DEVELOPMENT PROGRAM UNDER THE CALIFORNIA CLEAN
WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL
PROTECTION ACT OF 2002
For Congress Springs Park Sand Channel System Field Drainage Improvements
WHEREAS, the people of the State of California have enacted the CALIFORNIA
CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL
PROTECTION ACT OF 2002, which provides funds to the State of California for grants
to eligible Applicants; and
WHEREAS, the California Department of Parks and Recreation has been
delegated the responsibility for the administration of the Youth Soccer and Recreation
Development Program and the grant Project shown above within the State, setting up
necessary procedures, and
WHEREAS, said procedures established by the California Department of Parks
and Recreation require the Applicant's Governing Body to certify by resolution the
approval of the Application before submission of said Application to the State, and
WHEREAS, the Applicant will enter into a Contract with the State of California for
the Project;
NOW, THEREFORE, BE IT RESOLVED that the City Council, City of Saratoga
hereby:
1. Approves the filing of an Application for local assistance funds from the Youth
Soccer and Recreation Development Program under the California Clean Water,
Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002; and
2. Certifies that the Applicant has or will have sufficient funds to operate and
maintain the Project; and
Youth Soccer and Recreation Development Program 32
3. Certifies that the Applicant has reviewed, understands, and agrees to the
General Provisions contained in the Contract shown in the Procedural Guide;
and
4. Certifies that the Grantee has or will have available, prior to commencement of
any work on the Project, the Match;
5. Certifies that the Project conforms to the recreation element of any applicable city
or county general plan; and
6. Appoints the City Manager as agent to conduct all negotiations, execute and
submit all documents including, but not limited to, Applications, agreements,
payment requests and so on, which may be necessary for the completion of the
Project.
Approved and Adopted on the day of
. 20
I, the undersigned, hereby certify that the foregoing Resolution Number
was duly adopted by following a roll
call vote: (Applicant's Governing Body)
Ayes
Noes
Absent
(Clerk)
•
Youth Soccer and Recreation Development Program 33
RESOLUTION
2002 RESOURCES BOND ACT
STATE URBAN PARKS AND HEALTHY COMMUNITIES PROGRAM
Resolution No:
RESOLUTION OF THE
(Title of Governing Body)
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE
STATE URBAN PARKS AND HEALTHY COMMUNITIES PROGRAM
UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD
PARKS, AND COASTAL PROTECTION ACT OF 2002
For
(Project)
WHEREAS, the people of the State of California have enacted the CALIFORNIA
CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PA'~2KS, AND COASTAL
PROTECTION ACT OF 2002, which provides funds to the SII ate of California for grants
to eligible Applicants; and
WHEREAS, the California Department of Parks and Recreation has been
delegated the responsibility for the administration of the State Urban Parks and Healthy
Communities Program and the grant Project shown above within the State, setting up
necessary procedures, and
WHEREAS, said procedures established by the California Department of Parks
and Recreation require the Applicant's Governing Body to certify by resolution the
approval of the Application before submission of said Application to the State, and
WHEREAS, the Applicant will enter into a Contract with the State of California for
the Project;
NOW, THEREFORE, BE IT RESOLVED that the hereby:
(Applicant's Governing Body)
Approves the filing of an Application for local assistance funds from the State
Urban Parks and Healthy Communities Program under the California Clean
Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002;
and
•
State Urban Parks and 36
Healthy Communities Program
2. Certifies that the Applicant has or will have sufficient funds to operate and
maintain the Project; and
3. Certifies that the Applicant has reviewed, understands, and agrees to the
General Provisions contained in the Contract shown in the Procedural Guide;
and
4. Certifies that the Grantee has or will have available, prior to commencement of
any work on the Project, the required Match;
5. Certifies that the Project conforms to the recreation element of any applicable city
or county general plan; and
6. Appoints the (designated position) as agent to
conduct all negotiations, execute and submit all documents including, but not
limited to, Applications, agreements, payment requests and so on, which may be
necessary for the completion of the Project.
Approved and Adopted on the day of
I, the undersigned, hereby certify that the foregoing Resolution
was duly adopted by
call vote: (Applicant's Governing Body)
Ayes
Noes
Absent
(Clerk)
•
•
20
Number
following a roll
State Urban Parks and 37
Healthy Communities Program
sAx~TOGA CITY CoUNCU~
MEETING DATE: October 20, 2004 AGENDA ITEM:
~--~
RIGINATING DEPT: Public Works CITY MANAGER: ~'~~~-5-~-~-`
O
PREPARED BY: John Cherbone DEPT HEAD: -..-
SUBJECT: Grand Jury Report concerning the Santa Clara Valley Transportation Authority
RECOMMENDED ACTION(S):
Accept report and provide direction regarding a response to the Grand Jury Report -
Inquiry into the Board Structure and Financial Management of the Valley
Transportation Authority (VTA).
REPORT SUMMARY:
Introduction•
• the 2003-2004 Santa Clara Civil Grand Jury issued a Final Report inquiring into
Eazher this year,
the Boazd Structure and Financial Management of the Valley Transportation Authority
(Attachment 1), On Friday, October 15, the City received a letter dated October 7~' from Michael
A. Smith, Grand Jury Foreperson, which states .that the City must immediately provide a
response to the Grand Jury Report (Attachment 2). It is not clear at this time why the Grand Jury
is requiring the City to respond when the City is not the subject of the Grand Jury Report. The
City Attorney is researching this issue and will report his findings at the City Council Meeting.
The Grand Jury Foreperson was notified on Friday that a response to the report would be
forthcoming. next week as it is on the City Council's agenda for action.
Process.
Responses to Grand Jury reports have a specific format as follows:
1) For each Finding in the report it is required to "Agree" or "Disagree". If you disagree,
in whole or part, you must include an explanation of the reasons you disagree.
2) For each Recommendation it is required to respond with one of four possible Actions:
Action 1: The particular Recommendations) have been implemented.
Action 2: The particulaz Recommendation(s) have not been implemented, but will be
implemented in the future.
Action 3: fine particulaz Recommendation(s) require further analysis.
Action 4: The particulaz Recommendation(s) will not be implemented, because they aze not
warranted or are not reasonable.
Each of the abovementioned Actions require supporting information or explanations, which staff
will include in the response to the Grand Jury.
Findings and Recommendations:
The Grand Jury concluded with the following three Findings and corresponding
Recommendations, which are require a response in the above-described format:
Finding I.• The YTA Board, as currently constituted, does not provide direct voter representation
on transportation issues, makes accountability remote, provides conflicts in responsibilities, and
overextends Board members perjorming both their elected and appointed responsibilities
• Agree
• Disagree (provide explanations or reasons for disagreement)
Recommendation I• The current structure of the VT'A Board should be made more responsive to
the needs and financial management of the regional transportation system as a whole by
providing for, via enabling legislation, members dedicated to' transportation that are either
directly elected, appointed as their main public service respons'bility, or some combination of
the two. The enabling legislation should be sponsored by one o more of the major constituent
agencies in the VTA, such as the County Board of Supervisors.
• Action. l : The particular Recommendation(s) have been implemented.
• Action 2: The particulaz Recommendation(s) have not been implemented, but will be
implemented in the future.
• Action 3: The particulaz Recommendation(s) require further analysis.
• Action 4: The particulaz Recommendation(s) will not be implemented, because they
aze not warranted or aze not. reasonable.
Finding II.• The VTA Board as currently constituted is too large and its members too transient to
efficiently provide management oversight to VTA. As a result, the VTA Board has not reacted to
the present budget problems with diligence, has depleted the financial reserves in the system,
and has borrowed against future tax revenues rather than resolving an ongoing operational
deficit.
• Agree
• Disagree (provide explanations or reasons for disagreement
•
2 of 4
Recommendation II: The current size of the VTA Board should be reduced, via enabling
legislation, to a smaller Board of S to 7 members that would be more involved in and
accountable for the financial and operational management of VTA.. The enabling legislation
should be sponsored by one or more of the major constituent agencies in the VTA, such as the
County Board of Supervisors
• Action 1: The particular Recommendation(s) have been implemented.
• Action 2: The particular Recommendation(s) have not been implemented, but will be
implemented in the future.
• Action 3: The particular Recommendation(s) require further analysis.
• Action 4: The particular Recommendation(s) will not be implemented, because they
are not warranted or are not reasonable
Finding III: The VTA Board has proceeded with a transit capital plan that cannot accomplish
all that was promised in Measure A.
• Agree
Disagree (provide explanations or yeas ns for disagreement
I: The VTA Board should delay expenditur s for Bart and provide more
Recommendation II
complete funding for other transit options. If VTA wants authorization of this change in plans by
the voters, this should be done after a clear explanation to the public of the relative costs of the
various transit options, and before a request for an additionall/2 cent sales tax increase.
• Action 1: The particular Recommendation(s) have been implemented.
• Action 2: The particular Recommendation(s) have not been implemented, but will be
implemented in the future.
• Action 3: The particular Recommendation(s) require further analysis.
• Action 4: The particular Recommendation(s) will not be implemented, because they
are not warranted or are not reasonable
Attached for City Council information are two responses to the Grand Jury Report, the first from
VTA, and the second from the City of Mountain View.
FISCAL IMPACTS:
None identified.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/A.
3 of 4
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
If City Council directs, a response will to the Grand Jury Report will be generated for the Mayor's
signature.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1) Grand Jury Report.
2) October 7th Letter from Grand Jury Foreperson.
3) VTA Response to Grand Jury Report.
4) Mountain View Response to Grand Jury Report.
•
4 of 4
•
GRAND JURY
SANTA CLARA \\ COUNTY
1
111 ~ ~es s~e-o~-
4~ - C~~~
Honorable Ann Waltonsmith
Mayor
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Attachment 1
June 1 1, 2004
Dear Mayor Waltonsmith and Members of the City Council:
•
Pursuant to Penal Code Section 933.05(f), the 2003-2004 Santa Clara County Civil Grand
Jury is transmitting to you its Final Report, Inquiry into the Board Structure and Financial
Management of the Valley Transportation Authority.
Penal Code Section 933.05(f)
A grand jury shall provide to the affected agency a copy of the portion of the grand jury report
relating to that person or entity two working days prior to its public release and after the
approval of the presiding judge. No officer, agency, department or governing body of a public
agency shall disclose any contents of the report prior to the public release of the final report.
Leg. H. 1996 ch. 1170, 1997 ch 443.
Sincerely,
i'
•~RICHARD H. WOODWARD
Foreperson
2003-2004 Civil Grand Jury
RHW:dsa
Enc.
FOR YOUR INFORMATION
This report will be made public and
released to the media on
Friday, June 18`h, A.M.
Gloria Alicia Chacon, Executive Assistant
408-882-2721
RE~EIVE®
JUN Y 6 2004
CITY OF SARATOGA
;j ~l. ~ ~ UU~LI.'~'
L
SUPERIOR COURT BUILDING • 191 NORTH FIRST STREET, SAN JOSE, CALIFORNIA 9$113 • (9Q$) 882-2721 • FAX 882-2795
6-OOi
BRAND JURY
EwNTw CLAP COtlNYY
1
rune 18, 2004
Honorable Ann Waltonsmith
Mayor
City of Saratoga
1377? Frnitvsle Avenue
Ste, C.~4 9507+0
Dear Mayor W altonsmith and Members of the City Counc~7:
~,Q~
The 2003-2004 Santa Clara County Civil Grand Jury is transmitting to you its Final Report, Inquiry into
the Board Stracture and FSnaneial Management of the Valley Transportation Authority.
California Penal Code Section 933(c) requires that a governing body of the particular public agency or
departmetrt which has been the subject of a Grand Jury final report shall respond within 90 days to the presiding
dodge of the Superior Court on the findings a»d recommendations pertaining to matters under the cool of the
governing body. California Penal Code Section 933.05 contains guideline far responses to Grand Jury findings
and recommendations and is summarized in the attached form, which should be filled out and returned.
PLEASE NOTE:
1. As stated in Penal Code Section 933.05, you arc required o "Agree" or "Disagree" with each
PINllING(S) -Numbered None. If you disagree, in whole or part, you must inrclude an
explanatrion ofthe reasons you disagree:
Z. As stated in Penal Code Section 933.05, yon are required to respond to eacL
RECOMNI~IV7)AT10N'(5~ -- Numbered I and II, with one offourpossible actiorx.
Your comments are due in the office of the Honorable Thomas P. Hansen, presiding Judge, Santa Clara
County Superior Cowl, l91 North First Street, San Jose, CA 95l 13, no later th~o Septes~abrr 2Q ZQ04.
Copies of al] responses shall be placed on file with the Clerk of the Court.
Sincerely,
~~.~~
~Y. WOOD
1~oreperson
2003-2004 Civil Grand Jury
~YW:dsa
lrnc.
SUPERIOit COURT BUILDING ~ 397 NOxYN FIRST SYxCE7. SAN J05f, CALlFUR;IIIA 951]1 • (4ogj g82•z72a • Fox $g2-2iy$
e~oe7
•
•
•
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Report Title:
' Report Date:
Response by:
i
Response to Grand Jury Report
2003-2004 Civil Grand Jury
Inquiry into the Board Structure and Financial Management of the
Valley Transportation AuthorKy ,
May 27, 2004
Honorable Ann
Waltonsmith
Title: ~ Mayor
City of ;
the City
FINDINGS
^ I (we) agree with the Frn~ngs nuabered:
^ i {we) disagree wholly or partially with the Findings numb
(Attach a statement specifying any portion of the Findings that
explanation of the reasons therefor.)
and Members of
disputed; include an
I RI=CQMMENDATIaNS ~ I I
^ Recommendations numbered have
(Attach a summary describing the implemented actions.)
^ Recommendations numbered have not ye been implemented,
but will be implemented in the future.
(Attach a timeframe for the implementation.)
^ Recommendations numbered require fu er analysis.
(Attach an explanation and the scope and parameters of an an lysis or study, and a
timeframe for the matter to be prepared for discussion by ~he o icer or director of the
agency or department being investigated or reviewed, inrJudrng the g~oirerning body of the
public agency tirhen applicable. This timeframe shall not exceed Si months from the date
of publication of the grand jury report.)
^ Recommendations numbered will not be i plemented because
they are not warranted or are not reasonable.
(Attach an explanation.)
Date
Signature
Number of pages attached:
Print Name
~i0/h0 SOL' ON I,~i : LO ~i0 ~ ~i L/0 L
2003-2004 SANTA CLARA COUNTY CIVIL GRAND JURY
INQUIRY INTO THE BOARD STRUCTURE AND FINANCIAL
MANAGEMENT OF THE VALLEY TRANSPORTATION
AUTHORITY
Summary
The Valley Transportation Authority (VTA) faces significant financial challenges. Some aze
outside of the control of the VTA Boazd (Boazd), such as the recent short-term shortfalls of sales
tax revenue due to the economic downturn and aless-than-efficient public transportation system
due to widely dispersed housing and centers of commerce. Other challenges aze the result of
decisions made or accepted by the Board, some as a consequence of the structure of the Boazd
itself. These include: low recovery of transit costs from fares; high employee costs per service
rendered; over-promising of programs to voters; inefficient timing of expenditures; financial
forecasts designed to support program plans rather than evaluate options (and as a consequence
not identifying more optimal approaches); and decisions influenced by benefits to local districts
rather than to the regional Santa Clara County (County) transportation system. The Grand Jury
recommends changes in the size and composition of the Board to provide better governance of
VTA finances in the future.
The overriding financial problem facing VTA at present is that it cannot afford the cost to build
and operate a BART system to San Jose. Spending limited resources on BART could squander
an opportunity to build, maintain, and operate a far lazger network of transit options throughout
the county as enabled by voters approving the %2 cent Measure A sales tax in 2000. The Grand
Jury recommends delaying expenditures for BART to provide more immediate funding for other
Measure A transit projects.
Background
In the mid-1950's, the County proposed a plan for a public transportation network throughout the
entire region. It was to be an integrated approach, designed to be a convenient and efficient
means of transporting people to critical destinations as the county grew in population. The
integrated plan was based on local buses as feeders to congregation points for express transport
to more distant destinations (either via light rail or buses), which would then also connect to
regional high-speed lines such as BART or commuter rail. The plan (with the exception of
BART and commuter rail completing the circle around the bottom of the Bay) was well accepted
and funded in subsequent years, largely by sales tax levies passed by county voters.
•
•
L
Over the next decades, portions of the system were developed and the aster plan was revised
roughly every 10 years and updated between revisions. Compromises to a original vision were
made over the years on a number of issues, due to funding constraints d politics. The number
of users remained below that projected by the master plan, in part becaus of the incompleteness
of the integrated plan, in part because of the reduced effectiveness of the system due to
compromises in the constructed routes, and in major part because of the increased affordability
and convenience of private motor vehicles and the investments VTA h made in freeways and
expressways. Operating costs for the portions of the system that were bui t far exceeded fare-box
revenues, with the rider-paid portion of the costs well below the nation 1 average of more than
20%. The VTA average fare box recoveries for 2002 and 2003 were o ly 11.6% and 12% of
operating costs.
The Board of the VTA was authorized in its present form by state le slation in 1994. In the
osal originally presented to the State of California by the County B
ro and of Supervisors, the
p
p
Board was to be composed of five directly elected members (correspon ing to the five County
Supervisorial Districts) and eleven appointed members from various elected bodies in the
County. The State enabling legislation, however, eliminated the dir ctly elected directors.
the Board membership was to be composed of 12 voting mem
Instead rs, 5 alternates, and as
,
many as two ex-officio members, all elected officials appointed to se eon the Board by the
jurisdictions they represent. The two ex-officio members are the County s representatives to the
Metropolitan Transportation Commission (MTC), the Bay Area trans ortation authority. The
twelve voting members are:
^ five San Jose City Council members;
^ three city council members (one each from Sunn .ale d Santa Clara for eight
out of ten years; the other member position and the re airing 2 out of 10-year
slots are filled by Los Altos, Los Altos Hills, Mountain iew, or Palo Alto, on a
rotating basis);
^ one city council member from either Gilroy, Milpitas or Morgan Hill, on a
rotating basis;
^ one city council member from either Campbell, Cupe
ino, Los Gatos, Monte
Sereno, or Saratoga, on a rotating basis;
^ and two County Supervisors.
Board members serve a term of two years, with some serving more th one term, but not those
from the positions that rotate between the smaller cities. Board members are not required to have
a transportation background or other relevant expertise.
In the past year, the Board considered revising its composition in order o eliminate some of the
rotating Board seats. This would be accomplished by increasing then ber of Board seats, with
San Jose and County Board members having more than one vote eac to retain an equivalent
voting weight as at present. This effort has now been tabled until 2005.
Some
VTA,
board
boards that govern public bodies in the County use board stru tares that are similar to
that is, individual city councils select one of their own members to serve on a governing
for a different function. Examples of this type of board includ the Association of Bay
2
Area Governments and the joint powers agreement board for the county library system. While
these appointees aze responsible and interested citizens, they aze usually extremely busy with
activities in their own city. These board members have neither the time nor the expertise to delve
deeply into the problems facing them. The net result of this is a staff-driven organization. Thus,
although the board has the ultimate authority for decisions, the specialized knowledge and
dedicated time of the staff means that most of the strategy and tactics aze set by staff. The staff
spends much of its time bringing the board up to speed on decisions that the staff has already
made. Board meetings chazacteristic of staff-driven organizations are generally passive
informational meetings interspersed occasionally with strong reactions when staff has veered too
faz off course in the view of a board member. Alternatively, member-driven boazds lead
discussions in their boazd meetings on such matters as how the organization is doing against
benchmarks, how to best utilize resources, and setting goals and direction for the staff to
implement.
An example of a boazd in the County that is smaller and more dedicated to its role is the Santa
Clara Valley Water District (SCVWD) Boazd. Five boazd members aze elected to their roles by
supervisory district, and two members are appointed by the Board of Supervisors. Although the
SCVWD staff is every bit as involved as VTA staff in operating their business, the SCVWD
Board does not have other governmental obligations and thus is more focused in providing
governance, guidance, and oversight to the staff.
Other transportation agencies in California, as authorized by the state legislature, have a wide
range of options for their boards. At least two transportation agencies, Santa Bazbaza and
Stockton, have citizens appointed as boazd members by county and city governing bodies.
Unlike VTA, those boazd members aze not currently elected members of those bodies. Citizen
members aze chosen for their expertise, their interest in and- commitment to transit matters, and
their long-term community involvement. A few transit boazds such as the boazd for BART aze
directly elected to that role. While others require the appointees to be elected officials (like
VTA), Bakersfield explicitly requires them not to be elected officials. Boazd size ranges from 5
to 20 members. One VTA staff member has had previous, positive experience working with
appointed citizen boards, and indicated that the members were in general more experienced,
dedicated, and interested in transit issues.
A recent joint meeting of the VTA Board and the boazd that oversees the existing portions of
BART cleazly highlighted the different operating styles of the two groups. Following
presentations, the VTA Board asked questions for clarification. The BART Board made
suggestions and recommendations. For example, a VTA Boazd member asked about funding for
the BART extension to Warm Springs (obviously required to continue the line to San Jose) and
was surprised that it was in jeopardy. The money allocated for that project had been "borrowed"
to pay for cost overruns on the BART link to the San Francisco Airport. The loan was to be
repaid with operating surpluses from that link, which have not materialized. On the other hand,
the BART Board suggested that VTA should prepaze a contingency plan, given the shaky
finances for BART to San Jose, which initially extends BART only to Milpitas or Benyessa.
Even considering such a plan was quickly dismissed by a VTA Board member.
•
3
,.
Discussion
VTA Board
The Grand Jury inquiry discovered that the Board, while composed of de icated public servants,
is not functioning well as the governing body for the VTA. It is too ge, too political, too
dependent on staff, too inexperienced in some cases, and too removed from the financial and
operational performance of VTA. Some city council members expresse to the Grand Jury that
they have chosen not to be appointed to the Boazd because of one or ore of these problems.
Past and existing Board members admit freely that VTA is very much a s aff-driven rather than a
Boazd-managed organization.
VTA Boazd membership is not composed of members chosen specificall for their management,
transportation, or business• experience, but rather is a rotating collect on of elected officials
appointed from elected bodies in the County. These representatives often o not have business or
transportation experience. -The primary duty and focus of these offi ials is to the elected
positions in the entity from which they aze appointed. Voters would not ormally be expected to
choose their local elected officials on the basis of whether they have tim or ability to represent
the region's transportation interests on the VTA Board, even if they were aware of such a
possibility for additional responsibility beyond the primary responsibiliti s of the elected office.
The commitment in time to provide effective oversight as Boazd m bers to VTA can be
significantly beyond what is possible as a secondary appointment for elected representative.
There are more than 10 hours of public Boazd and committee meeting to attend each month.
Each has staff-supplied material which should be reviewed before each eeting (but because of
other commitments may not be reviewed, leading sometimes to elem ntary questions at the
Board meetings). That time commitment is necessary just to be reactive any proactive attempts
at governance would require significant additional commitments in time.
It is important to understand that VTA is a major business with a $ 50 million budget, has
capital expenditures with major impact on construction jobs in the Co ty, and serves a host of
different constituencies. It is also a complex business, covering roads to pazatransit, which is
managed in other counties such as Alameda by three sepazate boards.
The Boazd is to be commended for the breadth and depth of their advi ory committees, which
collect excellent input from such constituencies as bicycle and rail co uters. However, the
time that Boazd members devote to assessing public input from outside eir districts is often the
perfunctory acceptance of written reports without comment at meeti gs and listening to 90-
secondpublic comments at Board meetings.
•
Over the period 2000 to 2003, Boazd member attendance averaged a res ectable 83%. That does
mean, however, that on average two of the twelve voting Board membe were absent from each
of the twenty to twenty-four Boazd and workshop meetings held each yeaz. Some had perfect
attendance records; others were absent from the meetings more than hal of the time. Attendance
records aze similaz for the three main Board committees: 77%, or one i four Board members is
absent on average at each committee meeting, scheduled once per mon (however, as many as
4
six per year are cancelled). Moreover, the attendance records do not take into account that board
members at times arrive late or leave early. Because of time constraints for these heavily
scheduled elected officials, meeting discussions are sometimes truncated, even before a crucial
topic for the meeting is completed.
A large portion of the monthly Board workshop meeting is spent explaining an overwhelming
amount of VTA staff-supplied financial and operational information. At one recent meeting, it
was necessary to explain that what appeared to be an improved financial outlook was the result
of the use lease buyback financing to purchase capital equipment, improving the short-tenor cash
position for 2004 but incurring future cash flow obligations. From the questioning, it was not
apparent that all Board members knew what the implications for alease/buyback were or if they
recalled that such a financial strategy was to be used to improve the depleted cash reserves of the
VTA.
On the other hand, the size of the Board, along with alternates and other advisory members,
makes it impractical for VTA staff to spend much time with each individual member to provide
information and perspective other than at Board meetings. Consequently, there is very little time
left to devote to substantive Board discussion of the management of VTA businesses. An
additional problem of any large organization is the dilution of individual responsibility. Each
Board member may have good intentions about representing the transportation interests of the
County as a region, but also may believe that they need to protect the parochial interests of the
local azea that they represent. A large number of the issues raised at Boazd meetings by
members concern VTA actions that affect their own local consti encies. It is difficult to build a
regional consensus when it appears at Boazd meetings that some embers are primarily focused
on issues in and benefits to their local region of the County.
Perhaps because of the political positions of the Board members, frank and open discussions on
important matters of policy aze rare. The Grand Jury observed a striking example of this reserved
behavior at one committee meeting concerning the continued awazding of engineering contracts
for BART studies even though some Boazd members had reservations whether that was prudent,
given the recent VTA financial studies that BART cannot be completed in the next 20 yeazs.
Discussion was quickly cut short with comments by a Board member that building the full
BART system to San Jose and Santa Clara was the only approach to be considered.
An example of the Board not being effective as the ultimate overseer of VTA was a VTA staff
response to a request by a Board member, asking for follow-up information on a commentary
article in the January 28, 2004 San Jose Mercury News on the costs of VTA bus operations
compared to other agencies. The commentary noted that the average cost of operating a VTA bus
for one hour is $134 compared to $99.20 for peer agencies, 35% more, and that it takes 3.18
employee hours to keep a bus in service for one hour compared to a national average of 1.91
hours. One Board member raised this issue at the January 30, 2004 Boazd of Directors Workshop
Meeting. As described in the minutes:
"Board Member...inquired about the analysis of the expenses and revenue in terms
of dollars per person. He further inquired if the data has been summarized and
compazed to find out if VTA is at par with agencies operating in the same
capacity."
5
The response from the VTA General Manager was:
"that he, along with the Ad-Hoc Stability Committee,
Manufacturing Group, and other business community members
VTA is managing well in this kind of environment."
That response contained no substantive answer to a direct Boazd
operations. It is the fiducial responsibility of the Board, not a commit
group, or business community leaders, to provide oversight and dir
ensure that staff provide detailed explanations when operations de
Moreover, an effective and proactive Boazd would have been driving
based on early trends in that data.
The Grand Jury followed up on the same question with VTA staff, again
informative answer, but did receive a VTA response published in the nev
memorandum to the Board regazding the commentary article. The
information on improvements being made and examples where VTA ~
peer agencies, but the overall conclusion, that VTA is in serious finan
costs, was supported, not refuted, by the memorandum. For example:
Silicon Valley
•e confident that
iry regarding VTA
a business lobbying
n. The Boazd must
from benchmarks.
isions in prior yeazs
id not receive a direct,
paper and a VTA staff
Memorandum provided
~s not the worst of its
al trouble due to high
"VTA's experience is driven by relatively high wages, 'gh fi7 ge benefits, and
high absenteeism.... In FY02, the average straight wag rose t $20.32, and the
average total wages paid per revenue hour was $30.61. 's ra id growth is the
result of the progression in the labor contract and the inc easing tenure of the bus
operator work force.
"VTA fringe benefits for bus operators aze very expensive. In O1, it was 58.3%
of wages paid to operators; this figure rose to 63.1% in FY02. 's is similar to the
rates paid by AC Transit. The average for the peer group w considered was
between 45% and 50%.
"Low attendance by VTA operators is another reason for high perating costs. In
FY01, the annual revenue hours worked per VTA vehicle op ations employee
(including bus operators, street supervisors, and some managem t staff) was only
1,214. At AC Transit, the value was 1,320; at OCTA in Orange County the value
was 1,351. In San Diego, the value is 1,627...
"VTA's ratio of active vehicles per maintenance employee as only 1.057 in
FY01. This was the lowest of our peer group. Sam Trans, b comparison, was
2.566; AC Transit was 1.739....
"But an older fleet is only part of the explanation for lazge labo requirements for
maintenance. The other, more important, explanation is high a senteeism for bus
maintenance workers, similaz to the problem with bus opera ors. The average
hours worked by VTA vehicle maintenance employees was o ly 1,514 hours in
FY00 [.] By comparison, the average of the peer group was 1,83 hours."
6
The memorandum provides these and other examples of inefficient operations compared to
benchmazks such as vehicle maintenance employees away from work an average of 14 weeks
during 2000. An active board would be quite concerned about these issues and involved in
finding solutions.
VTA Financial Management
The Board allowed the finances of VTA to deteriorate badly during the recent economic
downturn before beginning to take some actions. For instance, between 2001 and 2004, revenues
from fazes (10% of total revenues) and sales taxes (50% of total revenues) declined by 19%
while wages and benefits rose by 40%. In fact wages and benefits went from 72% of total
expenses in 2000 to 91% in 2004.
Fares as a fraction of operating costs were kept unusually low compared to national averages.
Low fares were part of the problem, but not the major problem. The adult cash faze was $1.10 in
1995, increased to $1.25 in 2000, $1.40 and $1.50 in 2003, and $1.75 in 2005. Operating costs
rose even faster, paztly because structural expenses such as wages and benefits increased much
faster than inflation and partly because operating expenses were not cut during the downturn in
proportion to the recent ridership decline. During the past several years, those actions and lack of
actions led to spending down the reserves set aside for contingencies.
With those reserves depleted as far as practical, the Boazd then took the. unusual step of paying
for current costs and debt by borrowing $275 million plus interest against Measure A sales tax
revenues not due to be collected unti12006 and later. That action prevented a 21 % cut in transit
services this year but has not solved the current financial problem. It merely pushed it into the
future, creating two additional problems. The $275 million plus interest will not be available in
2006 and later years, having already been spent (and not all on capital improvements). The
second problem is that the structural operating deficit is projected to increase from $76 million
for fiscal year 2003-04 to $92 million in 2004-05. VTA has delayed a plan to ask voters for an
additional'/4 cent or higher increase in the sales tax (to 8.75%) until the November 2006 Election
to help cover the ongoing deficit.
In contrast, an unchazacteristically good example of management oversight by one Board
member occurred in late 2003 with a member's forceful and repeated request for an analysis of
when BART could be built to San Jose, given reasonable financial projections. The answer,
which VTA had been resisting saying publicly, clearly, and unambiguously since before Measure
A was passed by the voters, was that VTA does not have the funds to complete BART anytime
in the next 20 yeazs. Shortly after delivering that stark message, which was not welcomed by
some Board members, the VTA chief financial officer resigned for slower-paying out-of--state
position. However, the Board has continued to spend money on BART as if that analysis had not
been done and has revised the revenue projections to again propose a BART completion by
2014.
In the past, the political structure of the boazd of VTA's predecessor agency was potentially
responsible for the construction of a light rail system that deviated from the original plan. The
7
present light rail system, mainly a linear route, passes through downtowi
with the airport, as do the rail transit systems in a number of other citie
time of the decision that, by choosing a route through downtown, the ave
to 20 miles per hour from the potential for 55 miles per hour. That ch
compromised the speed of the light rail system, supposedly one of the p
this much more expensive transportation mode over buses. Also, a ling
network or grid tends to limit the ridership to those whose starting a-~d
near the linear route. (The original 1950's plan envisioned a light rail net
airport as well, and used buses on local loops as feeders to the light rail s~
more spokes to the lineaz system, but without even more interconnec~
between azbitrary locations will still limit it from being a populaz transpor
•
•
These problems with the utility of the light rail system and other demogr
to ridership numbers that are below original projections. In 1987, new
downward just as the system was about to be put into operation, predi
weekday riders by 2000. During the peak of the recent economic boom
through the summer of 2001, ridership on the Tasman West line ro:
projection levels but has fallen below again. Annual ridership number;
systems operated or supported by VTA are shown in Figures 1 az
logarithmic scale to reveal the trends in the less-frequented transportati~
30% falloff in bus ridership from the peak to this year is striking, the
ridership is more: 43%. Thus, even with the addition of the first section
the daily ridership of 14,500 (slightly higher on weekdays) is now be
estimate and is projected to increase only by 1000 next year after the Cap
and does not connect
. It was known at the
age speed would drop
ice of route seriously
ime reasons justifying
ar route rather than a
coding points aze both
vork, connected to the
itions.) VTA is adding
ng lines, travel times
ition choice.
~phic factors contribute
forecasts were revised
sting 18,000 to 20,000
rom the spring of 2000
above the minimum
for the various transit
3 2, the second on a
n modes. Although the
reduction in light rail
f the Tasman East line,
~w the 1987 minimum
tol Corridor is added.
The lower than projected ridership means that the County's capital ex enditures are not being
recovered as planned either by fares or by improvements in highway ongestion. As gasoline
costs continue to rise and the County's population grows, an effective d efficient network of
transit options would have been an economic asset to the region.
The proposed BART link has much more severe problems. It again is linear line, but costs at
least twice as much as light rail to construct and operate (see App dix A and Figure 3).
Although it is sepazated in grade from roads and can travel considera ly faster than light rail,
stations need to be further apart.. That means that local bus feeder routes must be longer and that
more parking facilities must be constructed than for light rail. And altho gh faster, it will still be
quicker to travel from downtown San Jose to San Francisco via the existing Caltrains line,
especially with the new express routes cutting the time to about one ho
In fact if BART is built, VTA projections show no improvement for try
from Pleasanton to San Jose. Projections do show a 10-minute impro
time from Milpitas to downtown San Jose (but still 10 minutes slower
greatest relative benefit appears to go to those who travel from Union
Jose, with a BART time estimated at 43 minutes, a carpool lane time at
alone time at 53 minutes. (The reduced traffic due to the completion ~
improve those driving times by only 2 minutes each).
vel times by any means
cement in public transit
han driving alone). The
City to Downtown San
45 minutes, and adrive-
~f BART is projected to
8
Total capital costs for constructing BART to San Jose beyond that already spent are estimated to
be $4,112 million (in 2003 dollars), assuming no changes to more costly design options. Initial
start-up costs could be reduced by $217 to $350 million based on delaying the construction of a
few stations. These costs do not include the costs of interest on the bonds to begin construction
earlier than 2025 and do not assume any large cost overruns such as experienced on other BART
projects around San Francisco Bay. The VTA has refused to consider any plan that would greatly
reduce the construction costs, such as building BART only to Milpitas or Berryessa and
connecting to a light rail grid for travel to other points in the County, including to downtown San
Jose.
BART would rely on three key funding sources: $2,629 million from VTA's Measure A local
sales tax and other capital funding sources, $649 million from the State of California's Traffic
Congestion Relief Program, and $834 million from Federal Section 5309 New Starts funds.
None of these funding sources are secure. The state money is on hold and may or may not be
restored if and when the state solves its own financial problems. The federal money is on hold
because VTA has not supplied a viable financial plan for constructing and operating BART and
therefore has been rated as "not recommended." And the amount of local money, a projected pot
of funds, has shrunk over the past few years. These monies are needed as well for other projects
promised on the Measure A ballot, including a transit link to the airport, which are not fully
funded (Appendix B). Some of the money has already been siphoned off to by borrowing money
now ($498 million including interest), before Measure A revenues start, to pay for current
obligations.
The 2004 draft environmental impact statement (EIS), which eeded to be approved by the
Federal Transit Agency, (FTA), contains the following:
"Funding to operate and maintain BART would come from a mix of sources such
as a county %2-cent sales tax, State Transportation Development Act (TDA), State
Transit Assistance (STA) Program, passenger fare revenues, Federal Transit Act,
Section 5307, and other sources (e.g., advertising, rentals, interest earnings, etc.).
Potential new funding sources could include '/4 to %2-cent sales tax, broadening the
sales tax base, joint development, benefit assessment districts, Proposition 42;
regional gas tax, and Bay Area bridge tolls.
"The financial plan indicates that this extension will need additional revenue in
order to be constructed and operated in the time frame described. The Federal
Transit Administration is approving circulation of this Draft EIS, with a
preliminary financial plan, in recognition of the project's inclusion in the current
Metropolitan Transportation Plan financially constrained regional plan and as
support for the public dialogue on the project and its financial plan. The financial
plan in the Draft EIS is based on financial projections and governmental actions
that are not finalized. As part of the New Starts process, a feasible financial plan
will need to be prepared to advance the project into Final Design. In addition, the
proposed project is dependent on the completion of the BART Warn Springs
Extension Project that does not yet have a final financial plan in place."
9
In late 2003, the FTA downgraded the BART proposal for federal mo ey from "not rated" to
"not recommended" due to holes in the VTA fmancial plans. The VTA can readily understand
the FTA's position considering VTA's own advice to the Caltrains board:
"The shift to the...scenario should not be made, however, un it the...member
agencies have reached consensus on a funding agreement to ddress the $220
million...shortfall in the...capital program and have identifie and committed
funds required for the operating subsidy required to operate an i .creased level of
train service. This shortfall would be significantly increased if the projected $557.6
million in unidentified "other" funds is not secured for the...capit 1 program.
•
"Caltrains financial strategy should be based on achieving fin ial stability and
should be guided by service demand and financial capacity...rath than relying on
undefined and uncertain .innovative financing techniques."
Instead-as outlined in a presentation entitled "Preliminary Engineerin -Why Now?" -- VTA
continues to spend money on BART for the following reasons:
Keep faith with voters and those stakeholders who continually support the project and
VTA's overall transportation efforts.
Illustrates strong and continuing local financial commitment to pr ject.
If VTA delays now, why would our delegation [con ession and state] keep [the]
project as [a] high priority?
A further justification presented, that work should be done now si~ce it ould be more expensive
later, is not valid based on the time value of money, but the Board did no challenge it.
At times, VTA has attempted to provide a more balanced financial plan y assuming large year-
to-year increases in sales tax revenue which then need to be scaled b ck or extended into the
future. Their current projections for sales tax increases exceed those use in plans by the County
and the City of San Jose. Various transit advocacy groups have main 'ned for years that the
financials for BART were misleading and incomplete. In fact, there is circumstantial evidence
that financial estimates were presented optimistically before key ecisions and negative
information delayed until after, including the vote approving Measure A.
The incremental costs to operate and maintain BART are estimated a $65 million, but VTA
hopes to recover 71% of that from fares if their ridership projections a realistic. However, in
addition, VTA has agreed that it will pay each year to help maintain the BART system as a
whole, starting at $48 million and increasing to $75 million, which me that, as it affects the
taxpayer, the projected fare-box recovery would only be about 35%.
VTA states that the overall purpose of transportation improvements al ng the proposed BART
route is to:
Improve public transit service in this severely congested co dor by providing
increased transit capacity and faster, convenient access t oughout the San
10
Francisco Bay Area Region, including southern Alameda County, central Contra
Costa County, Tri-Valley, Central Valley, and Silicon Valley.
• Enhance regional connectivity through expanded, interconnected rapid transit
services between BART in Fremont and light rail transit (LRT) and Caltrain in
Silicon Valley.
• Accommodate future travel demand in the corridor by expanding modal options.
• Alleviate severe and ever-increasing traffic congestion on the I-880 and I-680
Freeways between Alameda County and Santa Clara County.
• Improve regional air quality by reducing auto emissions.
• Improve mobility options to employment, education, medical, and retail centers for
corridor residents, in particular low-income, youth, elderly, disabled, and ethnic
minority populations.
• Maximize transit usage and ridership.
• Support local economic and land use plans and goals.
The Grand Jury supports all these goals but has not been convinced by VTA that the plan for the
construction of BART is the most efficient and timely way to accomplish them. In fact,
implementing the plan may be to the detriment of an integrated transportation network
throughout the region. As detailed in Appendix B, VTA's current plan chooses to allocate
Measure A sales tax revenue to fully fund BART but to provide only 57% of the funds needed
for all other Measure A projects. If BART were given a lower priority, all other Measure A
projects could be completed sooner, building a more robust transportation system in the County.
(Indeed, VTA does not need voter approval to delay or suspend BART. VTA would then have
the capital funds necessary to do many of the items on the regional wish list, as shown in the
lower portion of Appendix B and in Figures 4 and 5.)
A scoring system to rank the priority of the various Measure A transit projects was established
by prior Board action, but at least two Board members stated that they are uncomfortable scoring
system results. A Board member had to ask more than once for VTA staff to supply the detailed
numbers that produced the summary scores. Citizen comments at Board meetings have
questioned the score that BART gets for financial viability (higher than all but three other
Measure A projects) considering only the acknowledged problems.
There are other reasons to consider suspending spending on BART if the project cannot be
completed for at least 10 (or more likely 20) years. Commuter rail technology is akeady cheaper
than BART and may be better integrated into a flexible network. High-speed rail from Los
Angeles may be constructed along the same corridor, connecting to the existing BART system
somewhere on the line to Oakland, as well as making the trip up the Peninsula even faster than
Caltrains. Earthquake and security concerns may make vulnerable systems such as BART less
desirable than a flexible transit network. Spending more money on BART now serves to make a
change in plans progressively more difficult and wasteful.
Anecdotal community support for BART is still high, especially in areas to be directly served by
BART. Advocates for BART, however, have not surveyed residents about BART after providing
information that BART would require at least two-thirds of the transit construction dollars over
the next 30 years, even then would not be completed for more than twenty years, would operate
at a deficit which would siphon funds from other transit programs, would be slower than
11
commuter rail to get to San Francisco and maybe Oakland, would cut
by at most 2 minutes, that federal and state funding is certainly not asst
an additional '/z cent sales tax increase to make this plan possible. A
there are no unexpected problems. Editorial boards of community nevi
Palo Alto to San Jose that used to be proponents no longer support the
VTA has been receiving letters from some city councils recommending
•
Conclusions
The VTA Board has not reacted to the present budget problems with
financial reserves in the system, and has borrowed against future
resolving an ongoing operational deficit. The Board has allowed persc
rapidly than revenues..
The Board is too large, too transient, and too occupied with other duties
effective oversight to the staff in running VTA. The Board should be re
dedicated board by enabling legislation, perhaps along the model of the
appointed to serve that role as their primary public service. Recomme~
state legislators for enabling legislation might come from any of several
Board itself or any of the cities or towns in the County. oweve
Supervisors was involved in the original enabling legislation and may b
the County as a whole and the interests of transportation for the a tire re
The Board needs to reevaluate its strategic plan for how the various
the County, how funds are to be split between various capital
operating subsidies are required now and in the future.
minute times on I-880
d, and that VTA needs
this is the situation if
apers from Milpitas to
esent BART plan. The
;valuation as well.
;nce, has depleted the
revenues rather than
costs to expand more
~ provide direction and
onstituted as a smaller,
CVWD, with members
cations to the County's
~urces such as the VTA
the County Board of
best suited to represent
of its system will serve
its by year, and what
The Grand Jury supports public transit and understands the urgent need for improving transit in
the I-880/I-680 Corridor. The Grand Jury would have been delighted to have received a logical
and financially compelling justification for putting BART at the head o its priority and funding
list from VTA. It did not. The VTA needs to discuss what the Coun y transportation system
sacrifices in order to gain the benefits of BART. Voters need to a more demanding of
information before voting for financially unrealistic promises.
Finding I
The VTA Board, as currently constituted of appointed members
County, does not provide direct voter representation on tr
accountability remote, provides for conflicts in responsibilities, and
performing both their elected and appointed responsibilities.
elected bodies in the
ation issues, makes
.tends Board members
12
Recommendation I
The current structure of the VTA Boazd should be made more responsive to the needs and
financial management of the regional transportation system as a whole by providing for, via
enabling legislation, members dedicated to transportation that aze either directly elected,
appointed as their main public service responsibility, or some combination of the two. The
enabling legislation should be sponsored by one or more of the major constituent agencies in the
VTA, such as the County Boazd of Supervisors.
Finding II
The VTA Boazd as currently constituted is too lazge and its members too transient to efficiently
provide management oversight to VTA. As a result, the VTA Boazd has not reacted to the
present budget problems with diligence, has depleted the financial reserves in the system, and
has borrowed against future tax revenues rather than resolving an ongoing operational deficit.
Recommendation II
The current size of the VTA Boazd should be reduced, via enabling legislation, to a smaller
Boazd of 5 to 7 members that would be more involved in and accountable for the financial and
operational management of VTA. The enabling legislation should be sponsored by one or more
of the major constituent agencies in the VTA, such as the County Board of Supervisors.
Finding III
The VTA Boazd has proceeded with a transit capital improvement plan that cannot accomplish
all that was promised in Measure A.
Recommendation III
The VTA Boazd should delay expenditures for BART and provide more complete funding for
other transit options. If VTA wants authorization of this change in plans by the voters, this
should be done after a cleaz explanation to the public of the relative costs of the various transit
options, and before a request for anadditional %i cent sales tax increase.
PASSED and ADOPTED by the Santa Clara County Civil Grand Jury on this 27~' day of May
2004.
Richazd H. Woodwazd
Foreperson
•
13
•
r]
References
Documents
Bay Area Rapid Transit website: http•//www bait Gov/abouynoaiooame
Board of Directors Meeting and Workshop Meeting Minutes, 2003 and
Don Gage, Chair, Board of Directors, VTA, letter to the Peninsula Coy
February 11, 2004.
Greg Perry, VTA Policy Advisory Committee, "VTA Costs Are 0
Mercury News, January 28, 2004.
"LRT Ridership Projections," Transportation Agency Transmittal Men
Joint Powers Board,
of Control," San Jose
June 17, 1987.
Measure A'/z Cent Transit Sales Tax, Official Ballot for the November , 2000, County General
Election.
Peter Cipolla, VTA General Manager, VTA Memorandum entitled " inion/Editorial article
regarding VTA in January 28, 2004 San Jose Mercury News," January 2 , 2004.
Silicon Valley Rapid Transit Comdor -BART Extension to Milpitas, S Jose, and Santa Clara
Draft Environmental Impact Statement/Draft Environmental Impact ort/Draft Section 4(f)
Evaluation [signed by VTA (1/27/04) and the Federal Transit Administr tion (3/2/04)].
"Transportation Injustice -Why BART-to-San Jose cost overruns
service," Transportation and Land Use Coalition, March 6, 2003, htt~
Interviews
County Supervisor, September 11, 2003.
County Supervisor, October 10, 2003.
County Supervisor, November 6, 2003.
County Supervisor, May 20, 2004.
Executive Director, Mineta Transportation Institute, November 6, 2003.
Executive Director, Transportation and Land Use Coalition, Oakland, C~
May 13, 2004.
devastate bus and rail
January 20, 2004, and
14
Interviews -Continued
Research Director, Mineta Transportation Institute, October 1, 2003.
San Jose City Council Member, December 12, 2003.
San Jose City Council Member, December 18, 2003.
VTA CFO, September 16, 2003.
Meetings Attended
VTA Board and committee meetings.
VTA Chief of Staff, Chief Operating Officer, Deputy Director of Service and Operations
Planning General Counsel, Transportation Policy and Program Manager, Board Secretary,
Controller, Principal Transportation Planner Congestion Management Program, Director
Marketing and Customer Service, BART Deputy Project Manager, April 12, 2004.
•
•
15
•
•
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Appendix B
VTP2O3O Transit Investment Plan
[amounts in millions of dollars, after loans and operating subsidies]
Federal &
Measure A Funds Allocation Total State Funds Measure A Unfunded
Cost on hold Fundin Cost Funded
BART to San Jose & Santa Clara $4,112 $1,590 $2,453 $69 98%
Downtown East Valley $550 $550 $0 100%
Bus Rapid Transit $50 $33 $17 66%
Caltrain Service Upgrades $171 $155 $16 91%
New Rail Corridors Study $1 $1 $0 100%
New Rail Corridors (TBD Phase 1 funded) $1,220 $188 $1,032 15%
Airport People Mover Connector $400 $222 $178 56%
Caltrain -South County $100 $61 $39 61
Rt. 17 Bus Service Improvements $2 $2 $0 100%
Dumbarton Rail $278 $44 $234 16%
Palo Alto Inter-modal Station $200 $50 $150 25%
ACE Upgrade $22 $22 $0 100%
Caltrain Electrification $650 $233 $417 36%
Totals $7,756 $1,590 $4,014 $2,152 72%
Non-Measure A Funds Allocation Total Regional Discretionary Unfunded
Cost Fundin Fundin Cost Fun
STIP funds allocated to BART above $0 =$107-$107 $0 $0
Zero Emission Buses $277 $277 $0
Highway Projects $1,852 $446 $1,406
Expressway Projects $416 $150 $266
Local Streets $288 $230 $58
Intelligent Systems $140 $28 $112
Sound Walls $10 $10 $0
Paving $510 $202 $100 $208
Bicycle $85 $32 $53
Pedestrian $113 $37 $0 $76
Landscape $0 $0 $0
Totals $3,691 $239 $1,273 $2,179
100%
24%
36%
80%
20%
100%
59%
38%
33%
41%
TOtaIS Total Outside VTA Unfunded
Cost Fundin Fundin Cost Funded
ALL Funds $11,447 $1,829 $5,287 $4,331 62%
BART $4,112 $1,590 $2,453 $69 98%
All Except BART $7,335 $239 $2,834 $4,262 42%
All Measure A Except BART $3,644 $0 $1,561 $2,083 43%
Totals without funding BART $7,335 $239 $5,287 $1,809 75%
Measure A without funding BART $3,644 $0 $4,014 ($370) 110%
17
~ • •
Figure 1
VTA Ridership History
50,000,000
40,000,000
t
N
L
30,000,000
co
Q 20,000,000
o
F-
10,000,000
0
--~--Bus
-~--Caltrain
-~Ir-Light Rail
-OUTREACH
-~Altamont Express
- ~° Light Rail Shuttles
- E ACE Shuttles
L'r Dumbarton Express
~ Highway 17 Express
1998-99 1999-00 2000-01 2001-02
Fiscal Year
2002-03 2003-04 2004-05
18
Figure 2
100,000,000
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21
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22
GRAND JURY
NAN'fA CLANA ~nUNTY
1
Qctober 7, 2004
Honorable Ann 'VValtonsnuth
Mayor
City of Saratoga
13777 Fr~uitvale Avenue
Saratoga, CA 95070
Dear Mayor'V~altonsmith and Members of the City Council:
Attachment 2
The 20(}4-2005 Santa Clara County Civil Grrand J''ury has not received your response to the
Final Report, Inquiry into the $oard Structure and financial Management of the V'aliey
Tt'ansportation Authority, which was forwarded with the enclosed letter dated Jane 18, 2004.
Please respond immediately or the matter will be referred to the Presiding Judge of the Santa
Clara County Superior Court for appropriate action,
Sincerely,
ivt a~
MICHAEL A. SM2TH
Foreperson
20042005 Civil Crrbnd Yury
MAS:dsa
Enclosure(s): '
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„5'1JPARln$ CUUIii' BU1L11iNC: ~ 191 NoKYH FIRS'1 $'f AF.F.T~ $AN JOSB~ CALIFORNIA 96113 • (4U8) 882.2721 • 6Ax 882-274$
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Report Title.
Report Date:
Response by:
Response to Grand Jury Report Attachment 3
2003-2004 Civil Grand Jury
Inquiry into the Board Structure and Financial Management of the
Valley Transportation Authority . ~ ~ . ~ .
May 27, 2004
Honorable Donald F.
Gage .. _
ee: ~
~. ~~
Title: Chairperson. Santa Clara Valley`
Transportation Authority Board of
.Directors. and Members of the
Board of Directors ~ •~
~~ .
.~
w
^ I (we) agree with the Findings numbered: ,.
[~ 1(we) disagree wholly or partially with the Findings numbered: I,,, I~„~, III ~ .
(Attach a statement specifying any port-on of the Findings that are disputed; include
explanation of the reasons therefor.) ~ ~ ~ .
• RECOMMENDATIONS ~ ~~.
Recommendations numbered , have been implemented.
^ I
(Attach a summary descn~ing the Implemented actions) .
^ Recommendations numbered have not yet been implemented,
but will be impl~r ~e implementattion.)
(Attach a ifinelrame .
Recommendations numbered require further analysis.
{Attach an explanation and the scope and parameters of an analysis or study, and a
L'meframe for the matter to be prepared for discussion by the officer or dinectar of the
agency or department beingblmeVeTh s timeframe sh l~not exdceed~ix months ~~the date
public agency when applica
of publication of the grand jury repor~J
® Recommendations numbered I, II, ZII Will not 6e implemented because
they are not warranted or are not reasonable.
(Attach an explanation.)
~ Donald F. Gage
Au ust 12 2004 Signatu Print Name
Date
Number of pages attached:
.~
S A N T A C l A R A
T/J® Volley Transportation Authority .
August 12, 2004
The Honorable Thomas P. Hansen
Presiding Judge
Santa Clara County Superior Court
191 North First Street
San Jose, CA 95113
Dear Judge Hansen:
The following is provided in response to the findings and recommendations presented in
the 2003-04 Civil Grand Jury's Final Report, In u' into the' oard Structwe and
Financial Mana ement of the Valle Trans ortation Authori (hereafter referred to as
"the report") as transmitted to me by 2003-04 Grand Jury For person Richard H.
Woodward on June 18, 2004.
We wish to thank the members of the Grand Jury for their time and effort in developing
their comments regarding the Santa Clara Valley Transportation Authority.
Unfortunately, we had the opportunity to meet with only five of the nineteen Grand Jury
members. We wish there had been an opportunity for us to directly share information
with all the Grand Jury members in analyzing the complexities of an organization like
VTA. As such, members may find themselves quickly immersed in an environment of
unique terminology and interrelationships that initially may appear to reflect a local issue,
but ultimately turns out to be much more complicated.
While we do not concur with three major conclusions contained in the Grand Jury's
report, we wholeheartedly respect the concept and process in which a citizen Grand Jury
reviews selected elements of a governmental entity and reports their conclusions to the
public. We believe the Grand Jury plays a valuable role in encowaging public discussion
about local government policies and practices.
• •
3331 North First Street • San Jose, (A 95134-1906 • Administration 408.321.5555 • Customer Service 408.321.2300
,~
Our specific responses to the three conclusions and recommendations contained in the
'June 18 re ort are as follows:
Grand Jury s P
Grand Jury Finding I. "The VTA Boazd, as currently constituted of appointed
members from elected bodies in the County, does not provide direct voter representation
on transportation issues, makes accountability remote, provides for conflicts in
responsibilities, and overextends Board members performing both their elected and
appointed responsibilities: '
Grand Jury Recommendation I. "The current structure of the VTA Board should be
made more responsive to the needs and financial management of the regional
transportation system as whole by providing for, via enabling legislation, members
dedicated to transportation that are either directly elected, appointed as their main public
service responsibility or some combination of the two. The enabling legislation should
be sponsored by one or more of the major constituent agencies in the VTA, such as the
County Board of Supervisors." .
VTA RESPONSE TO FINDING I AND RECOMMENDATION I:
We disagree with the recommendation for the reasons outlined below:
• Tfiis finding appears to disregard the fact that the curr t organizational structure
of VTA encompasses a critical nexus between land us planning authority and
transportation responsibilities. The current VTA Boar structure facilitates this
critical interrelationship specifically because, as city uncil members or county
supervisors, each of the Boazd's twelve members have concurrent and ongoing
land use decision making responsibilities.
Knowledge of transit projects and private developments within a Board member's
jurisdiction has helped forge much better land use planning and development that
in the long term will ensure that land use decisions and public transportation
decisions will be complementary and therefore provide the maximum benefit to
the communities it serves. Selected examples include transit supportive rezoning
and a variety of developments in San Jose, Milpitas, Mountain View, Sunnyvale,
Campbell and Los Gatos.
• The report asserts that VTA is staff-driven, inferring a lack of Board
understanding, direction or authority. This is factually inaccurate. VTA follows
the time-tested structure and process, whereby the Board of Directors establishes
policy and the professional staff implements that policy. Regardless of the size or
composition of policy boards, this is along-established and proven approach for
most public agencies, not just transportation agencies.
A very cleaz example of the leadership the Boazd of Directors regulazly exercises
was the Board's 2003 decision to pursue a court decision to utilize 2000 Measure
A funds, through bonding, to defer astaff-recommended 21 percent service
2
reduction. This direction was given by a Board that thoroughly understood the
full extent of the financial issues before them, had considered a great deal of
. public and stakeholder comments, and exercised their authority to make the policy
decision. The Boazd's decision in this instance to take a different approach from
that recommended by staff.
Staff, based upon professional experience and expertise, is chazged with the
responsibility of analyzing issues, reviewing options and recommending action
for Board consideration. The VTA Board provides direction to staff during all
phases of staff's technical analysis of an issue. In fact, the Board often drives the
development of policy by requesting staffto evaluate additional options for a
specific issue. For example, this was very much the case during the work of the
Board's Ad Hoc Financial Stability Committee.
VTA's policy-making processes also contain a significant number of
opportunities for public input. Prior to taking action, the Board has open and
frank discussions and regularly seeks public input. Examples of this approach
include budget decisions, faze policy revisions, service changes, long-range and
short-range capital and operating plan adoption, and major corridor project
approval. The Boazd's decision-making structure and process emphasize input
from its advisory committees (most of which are composed entirely of citizen
volunteers), ad hoc advisory committees, project polic advisory boazds, public
hearings, community meetings, and interagency wor ' g groups.
We don't believe the Grand Jury's report suggestion th t the VTA Boazd structure
look to the Santa Bazbara and Stockton transit systems as examples is a valid
recommendation. Both of these other systems aze small bus-only operations in
very unique operating environments. Santa Barbara has a fleet of only 98 buses
and a staff of 180 employees. Stockton has 180 buses and 340 employees.
Neither system has light rail, commuter rail, and major construction or congestion
management responsibilities. Neither is operating in an azea as large or an
environment as complex as VTA. Neither has major regional transportation
policy and service responsibilities or impacts: Therefore,.valid comparispns
cannot be drawn.
The report also suggests the Santa Clara Valley Water District's structure as a
model for the VTA Board composition. Both missions are important in their
nature. However, the Water District's mission is much more narrow in scope and
revenue sources. VTA's complexity, in both its mission and funding, is much
greater. Thus, this comparison does not appeaz to be an appropriate one. It
should be pointed out, however, that the Water District follows the same proven
protocol as VTA (and nearly all other public agencies), in that the staff conducts
technical analysis, the Board sets policy and the professional staff implements that
policy.
3
The report makes two sweeping statements that do not appear to be supportable
by the referenced interview list. The first statement is "some city council
members expressed to the Grand Jury that they have chosen not to be appointed to
the VTA Board." Yet on the Grand Jury interview list; they reference
interviewing only two San Jose City Council Members and no others from any
other city council. The second statement is that "Past and existing Board
members admit freely that VTA is very much staff-driven rather than a board
managed organization." Once again we note that the report referenced interviews
with only four members of the Board of Supervisors and two City of San Jose
Council Members.
In contrast to the statement contained in the Grand Jury's report, it is noteworthy
that VTA's current Board of Directors consists of: two.mayors, two vice-mayors,
one mayor pro-tem, the chair of the County Boazd of Supervisors and both the
president and vice president of the Santa Clara County Cities Association. To
date, we have never received any feedback from any jurisdiction that eligible city
council members or county supervisors have passed on the opportunity to serve
on the VTA Boazd of Directors. In fact, the sense we have is quite the contrary.
Because of transportation's impact on development of a community, a VTA
Board appointment is often a much sought after responsibility among local
elected officials.
The report suggests that because VTA's Board of Directors rotates or that they do
not have business or transportation experience, the Boazd members aze not
qualified to serve. We would argue that the experience of the current Boazd
members points to a different conclusion.
There are twelve voting and five alternate members of the Boazd of Directors.
Each has responsibilities in transportation policy and planning in their respective
jurisdiction. There is also one Ex-Officio non-voting member who represents the
County on the Metropolitan Transportation Commission (MTC). The County's
other MTC Commissioner currently represents a city group on the VTA Board
and serves as Chairman of the Joint Peninsula Powers Board (Caltrain). While we
have recently welcomed three new Boazd appointees this past year, the current
total accumulated transportation policy experience of the Board exceeds 99 years.
The average years of transportation policy experience of current VTA Board
members is 5.5 years.
Board members also have a substantial amount of business experience earned in
the private sector. VTA's Board boasts a wide range of professional backgrounds
(some retired, some current), including business, the technology industry,
engineering, education, legal, finance, and government. It is important to
reinforce that the primary role of any public sector board is to establish policy,
represent their constituents and work for the community as a whole. We believe
that the back ounds and experiences of the members of the current Boazd help
gr
them to fulfill these responsibilities well.
4
rtant to oint out that the Board of Directors recently
• Finally, it is also unpo p
appointed a subcommittee of Boazd members to review the current Board
structure with the goal of reviewing whether the Board's current composition was
still inclusive and responsive to transportation and land use related concerns of the
cities and the county. The subcommittee's conclusion was that the current
structure did not need to be revised. However, it was recommended that the
Policy Advisory Committee (an advisory committee composed of representatives
from the County and all 15 Santa Claza County cities) needed to take a more pro-
active approach in reporting out on issues and offering recommendations to the .
Board. This has been successfully implemented. The Board will revisit the board .
structure issue next year to evaluate the success of the Policy Advisory
Committee's efforts. .
Grand Jury Finding II. "The VTA Boazd as currently constituted is too lazge and its
members too transient to efficiently provide management oversight to VTA. As a result,
the VTA Board has not reacted to the present budget problems with diligence, has
depleted the financial reserves in the system, and has borrowed against future tax
revenues rather than resolving an ongoing operational deficit."
Grand Jury Recommendation II. "The current size of the VTA Board should be
reduced, via enabling legislation, to a smaller Board of 5 to 7 members that would be
more involved in and accountable for the financial and opera onal management of VTA.
The enabling legislation should be sponsored by one or more f the major constituent
agencies in the VTA, such as the County Boazd of Superviso .
VTA RESPONSE TO FINDING II AND RECOMMENDATION II:
We disagree with the Grand Jury's report recommendation in this area for the following
reasons: .
• The report concludes that the VTA's Boazd very size precludes effective
oversight. of an .organization this large. However, the report offers no supportable
basis for that conclusion. We do not believe that the size of the current Board in
any way hinders effective decision-making.
• The report concludes that the size of the Boazd was a negative factor in how the
Board has reacted to the fiscal crisis now being faced VTA. The report states that
if the VTA Board were smaller in size, the Boazd would have: 1) been able to
react sooner and better to its fiscal crisis; 2) not utilized reserves; 3) found a way
to resolve the financial situation while continuing to provide needed service; and
4) continued to advance important construction projects.
The reality and known facts simply do not support this conclusion. VTA was the
first public sector organization in the greater Bay Area to recognize and publicly
share its analysis that this fiscal downturn was going to be longer and cut deeper
than any downturn the Valley had seen in recent history. The downturn would
mean a reduction in sales tax revenue, a primary source of funding for VTA
operations. The longer the downturn, the less operating revenue VTA would have
for services. As it would turn out, VTA would experience ten straight quarters of
sales tax revenue and a 30 percent decline in revenues.
Given these circumstances, it was not the size of the Board that made addressing
the financial and service problems so difficult. It was a combination of the severe
decline in sales tax revenues over a 2.5-year period coupled with a desire on the
part of the Board and staff to maintain as much transportation service as possible
for as long as possible.
This difficult situation notwithstanding, the Board nevertheless moved
expeditiously but carefully to address the financial situation. Under the Board's
leadership, VTA stafftook immediate steps to reduce costs, defer several capital
projects and institute efficiency improvements.
In early 2002, the VTA Board Chair, with the unanimous support and approval of
the full Board, requested representatives of the business community to conduct an
operational review of VTA and to recommend potential savings or revenue-
enhancing measures. Several of the business review t 's recommendations
have been implemented. By late 2002, the Chair, again with the support and
approval of the entire Board, also appointed a special A Hoc Financial Stability
Committee made up not only of Board members, but als key stakeholders fiom
the community-at-large, the business community and lator to review VTA's
financial situation in depth and develop viable recommendations that would lead
to financial stability for the organization. .
• The Grand Jury's report is critical of VTA's use of its financial reserves. Yet the
reserves served the purpose for which they were created. It was under the
Board's direction that a 15 percent operating reserve was established and attained.
This was a significant change from the VTA's predecessor organization, the
County Transportation Authority. The reserves provided VTA the "rainy day"
financial resources needed to minimize the impact of this unprecedented
economic downturn on our service to our customers for more than two years.
It should be noted that a Grand Jury report a few years ago was critical of VTA
for having too much in financial reserves and recommended that it would be
better spent on more service. However, fortunately, the Board decided to
maintain its reserve levels. As a result, over the past two financially difficult
years, Santa Clara County transit riders have benefited from that decision because
VTA was able to provide more service than would have been the case if the
reserves were not there.
• As previously noted, the current Board developed and implemented a strategyto
bond against funds that VTA will not begin to receive until Apri12006 as a means
6
to defer a 21 percent service reduction. After an extensive community outreach
process, the Board's decision to take the bonding approach was the duect result of
their responsiveness to the concerns of a public that relies on VTA service and to
whom every VTA Board member is directly accountable.
In addition, in 2004 the Board adopted anineteen-point strategy recommended by
the aforementioned Ad Hoc Financial Stability Committee. The strategy is
designed to restore financial stability created by the loss of significant sales tax
revenues by reducing costs and increasing revenues. The development of the
strategy included a significant amount of input from the public and discussion by
members of the VTA Board.
In trying to maintain quality services in.a fiscally-challenging environment, the
Board has directed VTA staff to implement several policies and programs that
many in our community were not happy about--fare increases, service
modifications, and higher service standazds. But in the final analysis, VTA has
been able to maintain a very high quality service; our vehicles are safe, clean and
are on time. Service has been reduced to meet the fiscal challenges, but service
quality has not diminished.
Grand Jury Finding III. "The VTA Board has proceeded with a transit capital
improvement plan that cannot accomplish all that was promis in Measure A."
Grand Jury Recommendation III. "The VTA Board should elay expenditures for
BART and provide more complete funding for other transit options. If VTA wants
authorization of this change in plans by the voters, this should be done after a cleaz.
explanation to the public of the relative costs of the various transit options, and before a
request for an additional '/s cent sales tax increase."
VTA RESPONSE TO FINDING III AND RECOMMENDATION III:
We differ with the Grand Jury's recommendation in this area for the following reasons:
• Perhaps the strongest reason for making the BART project the top priority is
keeping faith with the voters who overwhelmingly supported Measure A and the
BART project in November 2000.
VTA remains committed to delivering all of the projects over the 30-yeaz life of
Measure A. From VTA's perspective, it is not a question of which projects
should be completed but rather how can we deliver all the projects approved by
the voters plus add cost-effective service in the future. It is important to
remember that Measure A primarily covers capital costs. Additional operating
revenue, beyond that generated from Measure A, will be needed to support
current and future VTA services.
• The report makes a connection between VTA's fiscal situation and the BART
project. This is an understandable but erroneous assumption. In fact, without the
BART project and Measwe A, VTA would be in a much worse fiscal crisis .
There should be no doubt that the BART project was the signature project that is
responsible for the 71 percent voter support of Measure A. Polling done since the
November 2000 vote confirms that BART remains the region's top transportation
priority.
Though Measure A was not originally intended to support current services, it is
the future revenue stream from Measwe A that provides the basis for VTA to
sustain the current level of services until an additional, ongoing revenue stream
for operating costs can be identified. Without the public's strong support of the
BART project in Measwe A, VTA would have had to implement a 21 percent
service reduction. Thanks to the region's strong support for BART, this
significant reduction in current service has been, at least temporarily, avoided.
• The Grand Jury report infers that VTA's former Chief Financial Officer was
forced to leave VTA for a lesser position out of state because of a statement he
made regarding the deliverability of the BART project. Nothing could be further
from the truth. The fact is he and his spouse (also formerly a VTA employee)
found a unique opportunity to return to their home state and hometown where
both of their families reside.
• The Grand Jury's report challenges VTA's statements t delaying the BART
project will add cost. However, the report did not offer data or information
supporting its challenge. We have calculated that afive-year delay could escalate
the BART project cost by neazly $700 million. We continue to have confidence
in that calculation.
• The report asserted that the future fare box recovery ratio for BART would be in
the range of 35 percent. Unfortunately, the report provided no explanation or data
to support its assertion. All of the projected ridership calculations for this project
done by experts in ridership modeling have consistently concluded the BART
extension would see a fare box recovery rate at or continuesto have confidence in
lack of credible information to the contrary, VTA
the 70 percent projections.
• The report asserts that spending money on the BART project now may make any
changes more difficult and wasteful. VTA has often publicly noted that: 1) we
currently own the majority of the right-of--way to downtown San Jose; 2) this next
phase of.work is limited to preliminary engineering; 3) preliminary engineering
will help refine the project design and ultimate cost even more accwately; and
4) the preliminary engineering cost of $170 million will be partially supported by
State and Federal funds. In addition, we have publicly noted that VTA will be
unable to proceed beyond preliminary engineering phase to final design phase
without the approval of the Federal Transit Administration. That will not occur
8
.r
r
until a fiscally sound long-term financial program is in place to support the entire
VTA system. While the BART project is a major expenditure of public funds, we
believe the aforementioned parameters will minimize the need for future changes
and wasteful spending.
Throughout this period VTA has also continued to manage neazly $2 billion worth
of capital projects, all designed and delivered on time or well ahead of schedule
and well-under budget. Despite the unprecedented economic downturn, VTA,
working with the County, has been or will be able to successfully deliver nearly
every project in the 1996 Measure A/B Transportation Improvement Plan.
Examples include: Highway 101 widening; Interstate 880 Widening; Highway
85/87 Interchange; Route 85/101 North Interchange; Route 237/880 Interchange;
Route 87 HOV lanes; Route 152 improvements; Highway 85 Noise Mitigation;
Tasman East Light Rail; Capitol Light Rail; Vasona Light Rail; and several
Caltrain station and track improvement projects in Santa Clara County.
In conclusion, we believe the Grand Jury's report fails to recognize the tireless work by
the VTA Board of Directors, VTA's stakeholder Advisory Committees, VTA's dedicated
workforce and labor leadership to guide this organization through these difficult fiscal
times. We readily recognize there is always room for improvement and we aze always
receptive to thoughtful, constructive criticism. It was in that irit that the Boazd
requested the business community to review our organization d subsequently
established the Ad Hoc Financial Stability Committee. As not d earlier, we have or are
implementing many recommendations from both these introsp~Ctive reviews.
The entire VTA Board is committed to:
/ the provision of quality transportation services,
/ building the projects supported by the voting public,
/ maintaining a fiscally sound approach to the provision of services and the
construction of projects, and
/ continuous internal improvement of the organization.
In carrying out its responsibilities, the VTA Boazd routinely listens and acts on the
significant amount of input from the public. We have managed to maintain quality
services in a difficult fiscal environment and keep hundreds of millions of dollars worth
of capital projects on or under schedule and on or under budget. Again, while there is
always room for improvement in any organization, we believe the key onclusions reached
in the Grand Jury's report are the result of incomplete information about the fiscal
environment VTA now faces and the specific actions the Board has taken-and continues
to take-to ensure VTA maintains the maximum quality and quantity of transportation
services in Santa Clara County. In addition, the Grand Jury report does not appeaz to
9
reflect a clear understanding of the relationship between the BART project, the public
support of that project and VTA's current operations fiscal crisis.
However, we do appreciate the Grand Jury's efforts to encourage public discussion on
VTA's operations and direction. Please know that we remain committed to doing
everything we can to provide this community and this region with the highest quality
transportation network we can.
Sincerely,
l/1r1
Don Gage
Chair, VTA Board of Directors
cc: Board of Directors
Peter M. Cipolla, General Manager
t
•
10
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CITY Or SHKH i u~A
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`y
September 2, 2004
o~~pUN~~
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~~e'~nial Celeb~a~
The Honorable Thomas Hansen
Presiding Judge-Santa Clara County Superior Court
191 North First Street
San Jose, CA 95113
GRAND JURY REPORT CONCERNING THE SANTA CLARA VALLEY
TRANSPORTATION AUTHORITY
Dear Judge Hansen:
On behalf of the Mountain View City Council, thank you for the opportunity to review and
comment on the Grand jury report concerning the San#a Clara Valley Transportation
Authority (VIA).
The City Council shares the concerns discussed in the repor and agrees with Findings 1
and 3 but has no position on the recommendations. The Co cil has previously sent letters
to the VTA Board regarding governance and allocation of ds for North County projects,
thus, demonstrating our concerns. Copies of these letters ar enclosed for your
information.
The City of Mountain View thanks the Grand Jury for its efforts and analysis of these
complex and challenging topics.
r
Mayor
MP / JB / 9 / PW K / 971-08-24-04L ^
Enclosures
cc: VTA Board of Directors
Santa Clara County Board of Supervisors
Santa Clara County Cities (All)
City Council
CM, CC, PWD, IPM, SAA-Skinner, F/c
I
•
September 22, 2003
Ms. Jane Kennedy, Board Chairperson
Valley Transportation Authority
1331 North First Street, Building B
San Jose, CA 95134
Dear Ms. Kennedy:
• Ori September 16, 2003, the Mountain View Eity Council considered the topic of Valley
Transportation Authority (VTA) governance structure as requested by tl~e~ City of Milpitas in its
proposal to enlarge the VTA Board of Directors to provide consistent representation for all
. cities.
o~~,oUNl\
~y~
C, ~ I
~i ~9eiboaq ~O'C
~nfui Ce1~e~a . .
Attachment 4
As a result of that discussiori, the Council took formal action authorizing me to send a.letter
encouraging the VTA Board of Directors to consider studying • ternative governance structures
~' ~ that provide balanced individual city representation and me
and medium-sized cities in the County, g~ P~'~p~tion for srnall-
• Further, the City Council directed staff to monitor the ad hoc committee govemance revie •
. and report back with the ad hoc committee recomrriendation in October...The City Council ma
take additional action at that time based on the committee's recommendation. Finall , to ass y
broad~discussion of the governance options, the City Council is also requesting the Santa Cl ae
County Cities'Association agendize the topic at an upcoming meeting. •• •
Thank you for your consideration of this important issue. Please let me know if ou have an
gllestLOItS. - y y
. ely,
R. Michael IC zak, Jr.
Mayor
RNIIC/JJ/6/PWK/907-09-22-03~-E-1^ .
cc: Mr. Jose Esteves, Mayor
City of Milpitas ~.
~ ~ ~ Mr. Pete Cipolla, VTA General. Manager -
Ms. Joanne Benjamin, VTA Transportation Policy and Program Manager
City Council .
CM, ACM, PWD, TPM, F/c .
OFFICE OF THE MAYOR AND CITY COUNCIL
•
March 2, 2004
Mr. Don Gage, Chairman .
Boazd of Directozs • ~~
Santa Qara County Valley Transportation Authority
3331 North First Street, Building B-2
San Jose, CA 95134 ~ .
Deaz Chairman Gage and members of the board,
Thank you for your leadership in this time of organizational and financial crisis.
'T'his letter focuses on the VTP 2030 project priorities that we must soon submit to
Metropolitan Transportation Commission, and particulazly on transit project priorities.
The portfolio of~projects we choose will help determine the shape of•the valley's fifteen
cities for the next quarter century. Our taxpayers and constituents are counting on our
leadership to provide an intelligently designed, cost-effective, time-efficient, and flexible
system for the changing economy and society.
Given that the priorities should be based on demographic .travel forecasts; we are.
concerned about the staff recommendations issued for the February 27, 2004 Board
Workshop. Unti12030, the only projects proposed to be funded are the Downtown East .
Valley, BART and operating assistance. Most of the other Measure A projects are .
delayed until beyond 2030. If bonding costs are included or if' more conservative
revenue or cost projections are used, these Measure A projects could faIl off the list ~ .
entirely. Caltrain electrification and new corridors are not included at all: Yet, the VTP
2020 travel forecasts showed the largest increase in travel demand in the northwest
area of the county.
We respectfully request the Board allocate funding within the 25-year VTP 2030 plan for
projects that are important to supporting the needs of our area:
-Bus Rapid Transit ($33M)
- Caltrain Service Upgrades ($1551Vn
-Dumbarton Rail ($44M) •
- Caltrain electrification ($233M)
-Palo Alto Intermodal Center ($50)
These total $505 nvllion or approximately one-eighth of the Measure A revenue
projection for the next 25 years. We also request a reasonable fraction be implemented
within the expenditure plan for the next ten years.
Next, as the criteria for ranking VTA projects was •developed in 2001, and .our financial
outlook has changed dramatically since then, we recommend that:
1) . Criteria be developed which measures cost-effectiveness of each
project under consideration (e.g. cost/ rider vs. increasing ridership
regardless of cost).
•
2) That the VTA assign more than~5 points, out of 100 points, to reasonable
assurance of funding.
We realize that by revising the criteria, project rankings may change, However, if we
expect to go to our taxpayers with another tax measure, we believe it vital to be
forthright about the true range of options, trade-offs and risks.
In sum, VTP2030 is not a routine update of the Iast plan. ~ Measure A was supported .
county-wide because it promised many projects including BART, clean air buses, light
rail, expansion and electrification of Caltrain and other projects.
The VTA still faces a fiscal crisis, even with reduced operations. Compounding this issue
is an uncertain future for federal and state funding for maintenance and capital
improvements.. We need to look.at the painful facts candidly, and make new choices in
this constrained environment. Although we expect the economy to.improve in time,
our transportation system must be trim, flexible, and smart to ensure success for the
entire County through f uture business cycles to come.
Sincerely yours,
We look forward to a constructive dialogue:
~ p~~~ ~
"~"
~~'
{
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SA1tATOGA CITY COUNCIL
MEETING DATE: October 20, 2004
ORIGINATING DEPT:. City Manager's Office
PREPARED BY:
Cathleen Boyer, Ci Clerk
AGENDA ITEM•
CITY MANAGER: ~~'~-~ '~""'
_r~
DEPT HEAD:
SUBJECT; Proposal. from the Rotary Club of Saratoga to Sponsor the 3~d Annual Mustard
Walk
RECOMMENDED ACTION:
Accept report and direct staff accordingly. Adopt budget resolution.
REPORT SUMMARY:
On October 6, 2004-the Rotary Club of Saratoga submitted the attached proposal under Written
Gommuriications for Council consideration. Due to the Brown Act Council could not take any
action on the proposal at that time. Staff was directed to bring it back on tonight's agenda.
The Rotary has requested that the City Council allow the Rotary to sponsor the 3'~ Annual
Mustard Walk, waive any permit fees, use of the Warner Hutton House, Heritage Orchard, and
City parking lot. The Rotary has also requested a monetary contribution of $1000.
FISCAL IMPACTS:
A contribution of $1,000 could be appropriated, out of City Council Contingency.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Depends upon the options selected the 3rd Annual Mustard Walk would not take place. Or
funding could come from elsewhere.
ALTERNATIVE ACTION:
1.I Allow the Rotary to sponsor the event, waive fees and deny the $1,000 contribution.
2. Allow Rotary to sponsor the event, waive fees, and to request the $1,000 from die
Rotary Community Grant Fund.
3. Allow the Rotary to sponsor the event, waive the fees, and refer them to the Saratoga-
Monte Sereno Community Foundation for Grant Funding.
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda..
ATTACHMENTS:
Attachment A -Proposal from the Rotary Club of Saratoga.
Attachment B -Resolution
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(a D, SEP 2 ~ 2004
The Rot CI1~Y Of SARATOGA
ary Club of Saratoga ~~ ~ ~~~.~
POST OFFICE BOX 96 • SARATOGA, CALIFORNIA 95071 ~~~ CXL~1 ~-
September 23, 2004
Dear Mayor Waltonsmith:
The Rotary Club of Saratoga would like the Council to review a request for a Temporary
Use Permit to conduct a Mustard Walk on Sunday, February 13, 2005, from 11:00 am to
3:00 pm.
The Rotary Club will be sponsoring the event and would like permission to use the
Warner Hutton House, Heritage Orchard and the City parking lot.
The Rotary Club requests that the Council contribute $1000.00 to this event. We also
request that any permit fees be waived.
This event will showcase the Warner Hutton house and the Heritage Orchard and will
include local artists, musicians, antique cars, donkey cart rides and docent tours. Free
wine tasting and food items will be provided.
The Rotary Club would like permission to have a promotional banner placed on City
property in front of the library at the corner of Fruitvale and Saratoga Avenue two weeks
prior to the event.
Sincerely,
~~ 3
Dan W. Floyd
Saratoga Rotary Club, President
SARATOGA ROTARY ART SHOW • FIRST SUNDAY IN MAY • WEST VALLEY COLLEGE • SARATOGA
•
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA AUTHORIZE AN AMENDMENT TO THE 2004-
2005 BUDGET FOR AN APPROPRIATION OF FUNDS TO BE
ALLOCATED TO SUPPORT THE 3RD ANNUAL
MUSTARD WALK
WHEREAS, the Rotary Club of Saratoga wishes to sponsor the 3rd Annual Mustard Walk;
and
WHEREAS, the City Council acknowledges that the Mustard Walk has become an
important event in the City of Saratoga that teaches the community about the City's history and also
brings the community together at the Heritage Orchard and Warner Hutton House; and
WHEREAS, it is the Council's desire to grant the Rotary's request to contribute a monetary
contribution of $1000 to the event from the Council's Contingency (account #001-1010-511-5002).
NOW, THEREFORE, BE IT RESOLVED, that the C ty Council of the City of Saratoga
hereby authorize the appropriation of $1,000 to be used by the otary Club of Saratoga for the 3rd
Annual Mustard Walk.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 20th day of October 2004 by the following vote:
AYES
NOES:
ABSENT:
ABSTAIN:
Ann Waltonsmith, Mayor
ATTEST:
Cathleen Boyer, City Clerk
•
i~
SARATOGA CITY COUNCIL
MEETING DATE: October 20, 2004
ORIGINATING DEPT: Public Works
PREPARED BY: John Cherbone
AGENDA ITEM:
~~ ~
CITY MANAGER:
DEPT HEAD:
SUBJECT: Park Rental Fee In~'ormation
RECOMMENDED ACTION(S):
Accept Report.
REPORT`SUMMARY:
Per Council Member Bogosian's request please find below a summary of the fees collected by the
Public Works Department for park rentals for fiscal year 03/04 and revenues collected to date in the
current fiscal year.
• Park Rental Fees (excluding group use fees) collected in F.Y. 03/04 = $12,502
• Park Rental Fees (excluding group use fees) collected to date in F.Y. 04/OS = $1,725
FISCAL IMPACTS:
NiA.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/A.
ALTERNATIVE ACTION(S)':
N/A.
FOLLOW UP ACTION(S):
None.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
None.
L
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