BOARD OF DIRECTORS MEETING

Thursday, April 6, 2017

5:30 PM Board of Supervisors’ Chambers County Government Center 70 West Hedding Street San Jose, CA 95110

AGENDA To help you better understand, follow, and participate in the meeting, the following information is provided:

. Persons wishing to address the Board of Directors on any item on the agenda or not on the agenda are requested to complete a blue card located at the public information table and hand it to the Board Secretary staff prior to the meeting or before the item is heard. . Speakers will be called to address the Board when their agenda item(s) arise during the meeting and are asked to limit their comments to 2 minutes. The amount of time allocated to speakers may vary at the Chairperson's discretion depending on the number of speakers and length of the agenda. If presenting handout materials, please provide 25 copies to the Board Secretary for distribution to the Board of Directors. . The Consent Agenda items may be voted on in one motion at the beginning of the meeting. The Board may also move regular agenda items on the consent agenda during Orders of the Day. If you wish to discuss any of these items, please request the item be removed from the Consent Agenda by notifying the Board Secretary staff or completing a blue card at the public information table prior to the meeting or prior to the Consent Agenda being heard.

AGENDA BOARD OF DIRECTORS Thursday, April 06, 2017 . Disclosure of Campaign Contributions to Board Members (Government Code Section 84308) In accordance with Government Code Section 84308, no VTA Board Member shall accept, solicit, or direct a contribution of more than $250 from any party, or his or her agent, or from any participant, or his or her agent, while a proceeding involving a license, permit, or other entitlement for use is pending before the agency. Any Board Member who has received a contribution within the preceding 12 months in an amount of more than $250 from a party or from any agent or participant shall disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use his or her official position to influence the decision. A party to a proceeding before VTA shall disclose on the record of the proceeding any contribution in an amount of more than $250 made within the preceding 12 months by the party, or his or her agent, to any Board Member. No party, or his or her agent, shall make a contribution of more than $250 to any Board Member during the proceeding and for three months following the date a final decision is rendered by the agency in the proceeding. The foregoing statements are limited in their entirety by the provisions of Section 84308 and parties are urged to consult with their own legal counsel regarding the requirements of the law. . All reports for items on the open meeting agenda are available for review in the Board Secretary’s Office, 3331 North First Street, San Jose, , (408) 321-5680, the Monday, Tuesday, and Wednesday prior to the meeting. This information is available on our website, www.vta.org, and also at the meeting. Any document distributed less than 72-hours prior to the meeting will also be made available to the public at the time of distribution. Copies of items provided by members of the public at the meeting will be made available following the meeting upon request. In accordance with the Americans with Disabilities Act (ADA) and Title VI of the Civil Rights Act of 1964, VTA will make reasonable arrangements to ensure meaningful access to its meetings for persons who have disabilities and for persons with limited English proficiency who need translation and interpretation services. Individuals requiring ADA accommodations should notify the Board Secretary’s Office at least 48-hours prior to the meeting. Individuals requiring language assistance should notify the Board Secretary’s Office at least 72-hours prior to the meeting. The Board Secretary may be contacted at (408) 321-5680 or *e-mail: [email protected] or (408) 321-2330 (TTY only). VTA’s home page is on the web at: www.vta.org or visit us on Facebook at: www.facebook.com/scvta. (408) 321-2300: 中文 / Español / 日本語 / 한국어 / tiếng Việt / Tagalog.

NOTE: THE BOARD OF DIRECTORS MAY ACCEPT, REJECT OR MODIFY ANY ACTION RECOMMENDED ON THIS AGENDA.

70 West Hedding St., San Jose, California is served by bus lines *61, 62, 66, 181, and Light Rail. (*61 Southbound last trip is at 8:55 pm for this location.) For trip planning information, contact our Customer Service Department at (408) 321-2300 between the hours of 6:00 a.m. to 7:00 p.m. Monday through Friday and 7:30 a.m. to 4:00 p.m. on Saturday. Schedule information is also available on our website, www.vta.org.

Page 2 of 6 AGENDA BOARD OF DIRECTORS Thursday, April 06, 2017 1. CALL TO ORDER AND ROLL CALL

1.1. ROLL CALL

1.2. Orders of the Day

2. AWARDS AND COMMENDATION

2.1. INFORMATION ITEM - Recognize Norma Kwan, Senior Business Systems Analyst, River Oaks; Ivan Thomas, Fare Inspector, River Oaks; Peter Sierra, Transit Mechanic, Cerone Maintenance; as Employees of the Second (2nd) Quarter of 2017; and Dawn Wright, Transit Division Supervisor, Chaboya Operations, as our Supervisor of the Second (2nd) Quarter of 2017.

2.2. INFORMATION ITEM - Recognize Ron Langston, Bus Operator at Chaboya Division, for driving 3 Million Safe Miles over 36 years.

3. PUBLIC COMMENT

This portion of the meeting is reserved for persons desiring to address the Board of Directors on any item within the Board's jurisdiction. Speakers are limited to 2 minutes. The law does not permit Board action or extended discussion of any item not on the agenda except under special circumstances. If Board action is requested, the matter can be placed on a subsequent agenda. All statements that require a response will be referred to staff for reply in writing.

4. PUBLIC HEARINGS

There are no Public Hearings.

5. COMMITTEE REPORTS

5.1. Citizens Advisory Committee (CAC) Chairperson's Report. (Verbal Report) (Wadler)

5.2. Policy Advisory Committee (PAC) Chairperson's Report. (Verbal Report) (Miller)

5.3. Policy Advisory Board Chairpersons' Report. (No Report)

6. CONSENT AGENDA

6.1. ACTION ITEM: Approve the Board of Directors Regular Meeting Minutes of March 2, 2017.

Page 3 of 6 AGENDA BOARD OF DIRECTORS Thursday, April 06, 2017

6.2. ACTION ITEM - Adopt a resolution authorizing the filing of an annual claim to the Metropolitan Transportation Commission (MTC) for allocation of FY 2017-2018 Transportation Development Act (TDA) and State Transit Assistance (STA) funds.

6.3. ACTION ITEM - Authorize the General Manager to execute a contract with Sposeto Engineering, Inc., the lowest responsible bidder, in the amount of $1,730,247 for the construction of the Rapid 523 Bus Stop Improvements.

6.4. ACTION ITEM - Authorize the General Manager to execute a contract with MuniServices, LLC, for a five-year term, plus two optional one year extensions to provide sales tax reporting, forecasting and audit/recovery services. Fees for sales tax reporting and forecasting services shall not exceed $250,000 in total over the seven year life of the contract. Separate from the limit on reporting and forecasting fees, the audit/recovery fees will be paid additionally on a contingent basis at a rate of 20% of the sales tax revenues recovered by MuniServices.

6.5. ACTION ITEM - Approve the following actions regarding One Bay Area Grant (OBAG) Cycle 1 Program of Projects:

 Reprogram $3,440,000 from the City of Sunnyvale's project East and West Channel Multi-Use Trails to the City of Milpitas' project Montague Expressway Pedestrian Bridge at Milpitas BART.  Reprogram $223,065 between the Duane Avenue Roadway and the Maude Avenue Bikeway and Streetscape projects for the City of Sunnyvale.  Reprogram $550,928 between the San Tomas Expressway Box Culvert and the Capitol Expressway ITS and Bike/Pedestrian Improvement projects for the County of Santa Clara.  Re-scope the City of San Jose’s project Downtown Bike Lanes and De-couplet to allow the City to use the $1,500,000 OBAG 1 grant for construction of pedestrian safety improvements, subject to the conditions specified in this memorandum.

6.6. ACTION ITEM - Approve the revised evaluation criteria and procedures for selecting projects and awarding Vehicle Emissions Reductions Based at Schools (VERBS) Program grants.

6.7. ACTION ITEM - Approve amending the FY 2017 Internal Audit Work Plan to defer one project to the next fiscal year due to VTA's revised project timeline and replace it with a new high-priority project.

6.8. INFORMATION ITEM - Review the Legislative Update Matrix.

6.9. INFORMATION ITEM - Receive the 2000 Measure A Transit Improvement Program Semi-Annual Report Ending December 31, 2016.

Page 4 of 6 AGENDA BOARD OF DIRECTORS Thursday, April 06, 2017

6.10. INFORMATION ITEM - Receive a report on the April 10, 2017 Transit Service Changes.

6.11. INFORMATION ITEM - Receive the Development Review Annual Report for 2016.

7. REGULAR AGENDA

Administration and Finance Committee

7.1. ACTION ITEM - Authorize the General Manager to enter into an Exclusive Negotiations Agreement (ENA) with Republic Tamien LLC (a Joint Venture of Republic Urban Properties and The Core Companies) for negotiation of the proposed terms and conditions of a Joint Development Agreement for a Joint Development project at the . If agreement cannot be reached with Republic Tamien LLC during the ENA term, authorize the General Manager to enter into an ENA with ROEM Development Corporation.

8. OTHER ITEMS

8.1. General Manager Report. (Verbal Report)

8.1.A. Receive Government Affairs Update.

 Trump Administration’s “Skinny Budget" Cuts Infrastructure Investment Proposal

 California Transportation Funding Package Proposal

8.1.B. INFORMATION ITEM - Receive Rapid Transit (SVRT) Program Update.

8.2. Chairperson's Report. (Verbal Report)

8.3. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

8.4. Unapproved Minutes/Summary Reports from VTA Committees, Joint Powers Boards (JPB), and Regional Commissions

8.4.A. VTA Standing Committees

8.4.B. VTA Advisory Committees

8.4.C. VTA Policy Advisory Boards (PAB)

8.4.D. Joint Powers Boards and Regional Commissions Page 5 of 6 AGENDA BOARD OF DIRECTORS Thursday, April 06, 2017

8.5. Announcements

9. CLOSED SESSION

9.1. Recess to Closed Session

A. Conference with Legal Counsel - Existing Litigation [Government Code Section 54956.9(d)(1)]

Name of Case: Cheriel Jensen v. Transportation Authority, et al. (Santa Clara County Superior Court Case No. 17-CV-304960)

B. Conference with Legal Counsel - Anticipated Litigation [Government Code Section 54956.9(b)(2), significant exposure to litigation]

Number of potential cases: 1

C. THREAT TO PUBLIC SERVICES OR FACILITIES [Government Code Section 54957(a)]

Consultation with: Capt. David Lera, Santa Clara County Office of the Sheriff 9.2. Reconvene to Open Session

9.3. Closed Session Report

10. ADJOURN in memory of VTA Retiree Benny Cheung.

Page 6 of 6 2.1

Date: March 13, 2017 Current Meeting: April 6, 2017 Board Meeting: April 6, 2017

BOARD MEMORANDUM

TO: Santa Clara Valley Transportation Authority Board of Directors

THROUGH: General Manager, Nuria I. Fernandez

FROM: Director of Business Services, Alberto Lara

SUBJECT: Employees and Supervisor of the Quarter for the Second (2nd) Quarter of 2017.

FOR INFORMATION ONLY

BACKGROUND:

Employees and Supervisor of the 2nd Quarter:

Norma Kwan, Senior Business Systems Analyst in the Technology Department at River Oaks, is the Administration Award Winner for the 2nd Quarter. Ms. Kwan has consistently shown an exemplary work ethic during her twenty years as a VTA employee. She creates a great working environment for those she interacts with while supporting all of her co-workers in a fair and caring manner. She always provides solutions to issues promptly and handles difficult situations with a calm demeanor. Ms. Kwan can always be relied upon to get her job done efficiently, and she never fails to have a great attitude. Congratulations to Norma Kwan, Administration Employee of the 2nd Quarter.

Ivan Thomas, Fare Inspector at Protective Services in River Oaks, is the Operations Award Winner for the 2nd Quarter. For the 23 years Mr. Thomas has been with VTA, he has consistently been a great role model for providing excellent customer service and following VTA policies and procedures. When encountering difficult customers, Mr. Thomas always responds in a professional manner. Not only does he serve as a great role model through his actions, but he is also great at teaching others excellent communication skills. He is a great team leader who sets aside any personal bias to ensure he can make his team as great as possible. Congratulations to Ivan Thomas, Operations Employee of the 2nd Quarter.

Peter Sierra, Transit Mechanic at Cerone Maintenance, is the Maintenance Award Winner for the 2nd Quarter. Throughout his 18 years as a VTA employee, Mr. Sierra has continued to hold himself to high performance standards. In addition to his excellent job performance, he also goes above and beyond his normal duties to help out his foreperson and coworkers. He is integral to

2.1

the success of Cerone and maintains the highest standards of ethics. Mr. Sierra plays a significant role in providing safe vehicles to the public every day, and many people at Cerone would attest to the fact that he is a valuable asset to VTA. Congratulations to Peter Sierra, Maintenance Employee of the 2nd Quarter.

Dawn Wright, Transit Division Supervisor at Chaboya Operations, is the Supervisory Award Winner for the 2nd Quarter. In the time Ms. Wright has worked for VTA, 18 years this May, she has always gone the extra mile by stepping in whenever a supervisor or employee needs assistance. She is a hard-working and diligent supervisor who makes herself available each and every day for operators when they have questions or concerns. She demonstrates exceptional leadership skills and helps make working at Chaboya a great experience. The staff is not only delighted to have her on their team but strongly believe she is highly deserving of this recognition. Congratulations to Dawn Wright, Supervisor of the 2nd Quarter.

Prepared By: Office of Diversity and Inclusion Memo No. 5945

Page 2 of 2 2.2

Date: March 10, 2017 Current Meeting: April 6, 2017 Board Meeting: April 6, 2017

BOARD MEMORANDUM

TO: Santa Clara Valley Transportation Authority Board of Directors

THROUGH: General Manager, Nuria I. Fernandez

FROM: Chief Operating Officer, Inez Evans

SUBJECT: Three Million Miles Safe Driving Award

FOR INFORMATION ONLY

BACKGROUND:

Ron Langston, Badge #945, Bus Operator at the Chaboya yard, began his career with VTA in July 1979. He is known for his great customer service skills and his positive attitude.

VTA commends Mr. Langston for his achievement in safe operations. He will be recognized for his outstanding performance for driving Three (3) Million Safe Miles.

Prepared By: Gail Gauvin Memo No. 6070

Revised Agenda Item #6.1

BOARD OF DIRECTORS MEETING

Thursday, March 2, 2017

MINUTES

1. CALL TO ORDER AND ROLL CALL The Regular Meeting of the Santa Clara Valley Transportation Authority’s (VTA) Board of Directors (Board) was called to order by Chairperson Bruins at 5:30 p.m. in the Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, San José, California. Chairperson Bruins noted Angelique Gaeta, Chief of Staff, was in attendance on behalf of Nuria I. Fernandez, General Manager and CEO. Chairperson Bruins welcomed Daniel Harney from the City of Gilroy, as the Alternate Board Member representing Group 4 - South County.

1.1. OATHS OF OFFICE Elaine Baltao, Board Secretary, administered the Oath of Office to Alternate Board Member Harney.

1.2. ROLL CALL

Attendee Name Title Status Jeannie Bruins Chairperson Present Larry Carr Board Member Present Cindy Chavez Board Member Present David Cortese Alternate Board Member Absent Dev Davis Alternate Board Member Absent Lan Diep Board Member Present Daniel Harney Alternate Member Present Glenn Hendricks Board Member Present Chappie Jones Board Member Present Johnny Khamis Board Member Absent Sam Liccardo Vice Chairperson Present John McAlister Alternate Board Member Present Bob Nuñez Alternate Board Member Present Teresa O'Neill Board Member Present Raul Peralez Board Member Present Rob Rennie Alternate Board Member Absent Savita Vaidhyanathan Board Member Present Ken Yeager Board Member Present * Alternates do not serve unless participating as a Member. A quorum was present.

MINUTES BOARD OF DIRECTORS Thursday, March 02, 2017 1.3. Orders of the Day Chairperson Bruins noted staff’s request to move Consent Agenda Item #6.2 - Appointment Process for the 2016 Measure B Citizens' Oversight Committee, to the Regular Agenda. M/S/C (Hendricks/Chavez) to approve the Orders of the Day.

RESULT: APPROVED [UNANIMOUS] – Agenda Item #1.3 MOVER: Glenn Hendricks, Board Member SECONDER: Cindy Chavez, Board Member AYES: Bruins, Carr, Chavez, Diep, Hendricks, Jones, Liccardo, O'Neill, Peralez, Vaidhyanathan, Yeager NOES None ABSENT: Khamis

Vice Chairperson Liccardo noted he will recuse from Consent Agenda Item #6.4 - Construction Contract Award C741 (C16335F) Landscaping for Berryessa and Milpitas Campuses and Third Party Access, and Consent Agenda Item #6.6 - Selection of Firm to Provide General Investment Consultant Services.

2. AWARDS AND COMMENDATION

2.1. 2016 Employees of the Year The Board recognized Corina Blanco, Transit Division Supervisor, Cerone Operations, and Robert Joyce, Bus Dispatcher, Chaboya Operations, as the Employees of the Year for 2016. 2.2. Community Partnership Recognition The Board recognized the Mineta Transportation Institute (MTI) and MTI instructors Dr. Frances Edwards, Ph.d., Deputy Director, National Transportation Safety and Security Center, and Dan Goodrich, Chair of the San Jose Metropolitan Medical Task Force exercise group for being a valued community partner not only to VTA but to the many families in Santa Clara County as well. 2.3. Recognition of 2016 and Introduction of 2017 Advisory Committee Chairpersons The Board recognized the following 2016 VTA Advisory Committee Chairpersons and thanked them for their leadership and commitment:  Kristal Caidoy, Bicycle and Pedestrian Advisory Committee (BPAC)  Herman Wadler, Citizens Advisory Committee (CAC)  Larry Carr, Policy Advisory Committee (PAC)  Matt Morley, Technical Advisory Committee (TAC)  Aaron Morrow, Committee for Transit Accessibility (CTA)

Page 2 of 14 MINUTES BOARD OF DIRECTORS Thursday, March 02, 2017 The Board introduced and welcomed the following 2017 VTA Advisory Committee Chairpersons:  Peter Hertan, BPAC  Herman Wadler, CAC  Christine Fitzgerald, Committee for Transportation Mobility and Accessibility (CTMA, formerly CTA)  Howard Miller, PAC  Matt Morley, TAC On behalf of the Board, Vice Chairperson Liccardo expressed his appreciation to past and present VTA Advisory Committee Chairpersons for their service and leadership. The Board recognized Katie Quinonez, VTA Information Services Representative, who represented VTA as one of five finalists in the 2017 American Public Transportation Association (APTA) Call Center Challenge held in Tampa, Florida on February 28, 2017. Ms. Quinonez placed second in the competition.

3. PUBLIC COMMENT The following Interested Citizens addressed the Board about the importance of maintaining or improving transit service for students, disabled, low-income, and seniors along Bus Line 88, citing benefits pertaining to traffic congestion management, synergy with local active transportation access efforts, and safety. They expressed support for VTA coordination with the City of Palo Alto and school officials regarding the route, better marketing for the route, and funding for local transportation solutions:  Penny Ellson, Gunn High School Parent Teacher Student Association (Gunn PTSA)  Keri Wagner, Gunn PTSA  Sylvia Star-Lack, City of Palo Alto  Rosie Mesterhazy, City of Palo Alto  Ken Dauber, Palo Alto Unified School District  Arthur Keller, Gunn High School  James Lin Joyce, Interested Citizen, commented about a petition regarding the proposed transit service redesign, highlighting the following considerations: 1) combining part of Bus Line 13 with Bus Line 63; and 2) extending the route for Bus Line 64. John Rainville, Interested Citizen, spoke on behalf of David Hirsch, who advocated for keeping Bus Line 81. Mr. Rainville also expressed concern and asked about the single car train consist for the Mountain View-Winchester Light Rail. Amy Samelson, Interested Citizen, expressed concern about the proposed service reduction for Bus Line 82 and urged VTA to retain the route.

Page 3 of 14 MINUTES BOARD OF DIRECTORS Thursday, March 02, 2017 James Wightman, Interested Citizen, made the following comments: 1) asked about VTA testing of BART trains; 2) urged VTA to retain express bus service from the Fremont BART station; 3) expressed concern about safety regarding unsafe crossings along the light rail; and 4) asked when the Next Network final transit service redesign plan would be implemented. Christine Fitzgerald, Interested Citizen and CTMA Chairperson, urged the Board to consider the impacts to both bus riders and paratransit customers when modifying transit service, particularly when making changes to coverage-oriented services.

4. PUBLIC HEARINGS 4.1 SVBX Resolution of Necessity

Ron Golem, Deputy Director of Real Estate, provided an overview of the staff report, noting the properties of interest. Mr. Golem noted a copy of a letter received for Property ID #B2220C in the Board Members' reading folders and on the public table that addressed the subject of compensation, which is not a subject of the public hearing. M/S/C (Liccardo/Chavez) to close the Public Hearing.

RESULT: APPROVED [UNANIMOUS] MOVER: Sam Liccardo, Vice Chairperson SECONDER: Cindy Chavez, Board Member AYES: Bruins, Carr, Chavez, Diep, Hendricks, Jones, Liccardo, O'Neill, Peralez, Vaidhyanathan, Yeager NOES: None ABSENT: Khamis

M/S/C (Hendricks/Liccardo) to adopt Resolutions of Necessity Nos. 2017.03.09 (Property ID #B2220C), 2017.03.10 (Property ID #B3617), and 2017.03.11 (Property ID #B3621) determining that the public interest and necessity requires the acquisition of property interests from three properties owned by: (1) The heirs or devisees of Jose Maria Alviso, Jose G. Uridias, Martin Murphy Junior, Tito L. de La Rosa, Mary Ann Young, Mary A. Chapman, E.W. Darling, Edward Topham, Hattie E. Topham, Charles Brandt and Emma E. Brandt (property is located in Milpitas, California); (2) The heirs or devisees of Jose De S. Silveira, Deceased, subject to the administration of the Estate of said Decedent (property located in San Jose, California); and (3) Roland Y. Santo, Chester T. Santo, and the heirs or devisees of Ryuzo Santo and Yoshi Santo, Deceased, subject to the administration of the Estate of said Decedent (property located in Milpitas, California) for the BART Silicon Valley Berryessa Extension (SVBX) Project. Property ID/Assessor's Parcel Number/Owner B2220C (No APN) owned by the heirs or devisees of Jose Maria Alviso, Jose G. Uridias, Martin Murphy Junior, Tito L. de La Rosa, Mary Ann Young, Mary A. Chapman, E.W. Darling, Edward Topham, Hattie E. Topham, Charles Brandt and Emma E. Brandt. Page 4 of 14 MINUTES BOARD OF DIRECTORS Thursday, March 02, 2017 Property ID/Assessor's Parcel Number/Owner B3617 (Vacated Trimble Road/Lundy Place - No APN) owned by the heirs or devisees of Jose De S. Silveira, Deceased, subject to the administration of the Estate of said Decedent. Property ID/Assessor's Parcel Number/Owner B3621 (Vacated Trimble Road/Lundy Place - No APN) owned by Roland Y. Santo, Chester T. Santo, and the heirs or devisees of Ryuzo Santo and Yoshi Santo, Deceased, subject to the administration of the Estate of said Decedent.

RESULT: ADOPTED [UNANIMOUS] – Agenda Item #4.1 MOVER: Glenn Hendricks, Board Member SECONDER: Sam Liccardo, Vice Chairperson AYES: Bruins, Carr, Chavez, Diep, Hendricks, Jones, Liccardo, O'Neill, Peralez, Vaidhyanathan, Yeager NOES: None ABSENT: Khamis

5. COMMITTEE REPORTS 5.1. Citizens Advisory Committee (CAC) Chairperson's Report Citizens Advisory Committee (CAC) Chairperson Wadler provided a brief summary of the February 8, 2017, CAC Regular Meeting. He expressed sincere appreciation of the Board for its recognition of past and present VTA Advisory Committee chairpersons and noted the positive impact of joint Board and Advisory Committee workshops and other activities that enable enhanced committee effectiveness. Mr. Wadler noted the March 2017, VTA Connections Newsletter article about the BPAC and acknowledged the value in introducing the public to the VTA Advisory Committee leadership. 5.2. Policy Advisory Committee (PAC) Chairperson's Report Policy Advisory Committee (PAC) Chairperson Miller noted the unapproved minutes included in the Board agenda packet could offer helpful insight to Committee discussions on topics that are on the Board's agenda. He provided a brief overview of the February 9, 2017, PAC Regular Meeting, highlighting Committee discussions on: 1) Next Network, including first-and-last mile transit connections, impacts to paratransit, and other parallel efforts; 2) 2016 Measure B Corridor Capacity & Caltrain Grade Separation Program Area, including South County capacity improvements, electrification, and concern on local match; 3) 2016 Measure B Bicycle & Pedestrian Program Area, with inquiry from the Committee about how to get additional projects added; and 4) SR 85 Noise Reduction Study (Phase 1).

Page 5 of 14 MINUTES BOARD OF DIRECTORS Thursday, March 02, 2017 5.3. Policy Advisory Board Chairperson's Report The State Route (SR) 85 Policy Advisory Board Chairperson’s report was contained in the Board Members’ reading folders and placed on the public table.

6. CONSENT AGENDA Public Comment Eugene Bradley, Interested Citizen, referenced Consent Agenda Item #6.15 - Next Network Outreach Status Update, and noted the correspondence from Silicon Valley Transit Users addressed to Ms. Fernandez, which expressed support for more efficient bus connections and implementing a FLEX-type program to cover service gaps. Jim Stallman, Interested Citizen, referenced Consent Agenda Item #6.15 and expressed concern about the 85/15 network concept. He expressed support for higher coverage-oriented services. Chairperson Bruins noted recusal of Vice Chairperson Liccardo for Consent Agenda Items #6.4 and #6.6. 6.1 Board of Directors Regular Meeting Minutes of February 2, 2017 M/S/C (Chavez/Carr) to approve the Board of Directors Regular Meeting Minutes of February 2, 2017. 6.3. PlaceWorks Contract M/S/C (Chavez/Carr) to authorize the General Manager to amend the amount of the current $500,000 on-call Joint Development Support Services contract with PlaceWorks, Inc. by $867,000 (to a total of $1,367,000), to provide technical support on development entitlements for multiple joint development sites in the City of San Jose. 6.4. Construction Contract Award C741 (C16335F) Landscaping for Berryessa and Milpitas Campuses and Third Party Access M/S/C (Chavez/Carr) on a vote of 10 ayes and 1 recusal, to authorize the General Manager to execute a contract with WABO Landscape & Construction Inc., the lowest responsive and responsible bidder, in the amount of $5,830,462 for the construction of Landscaping for Berryessa and Milpitas Campuses and Third Party Access (C741). Board Member Liccardo recused. 6.5. Amendment of Agreement for Reimbursement of Santa Clara Valley Water District’s Costs for SVBX Project Support M/S/C (Chavez/Carr) to authorize the General Manager to negotiate and execute an amendment to the existing cooperative agreement with the Santa Clara Valley Water District (SCVWD) regarding the reimbursement of SCVWD’s staff costs to assist VTA with construction coordination and project close out in support of the BART Silicon Valley Berryessa Extension (SVBX) Project to increase the authorization by $200,000, from an existing amount of $2,273,000 to $2,473,000.

Page 6 of 14 MINUTES BOARD OF DIRECTORS Thursday, March 02, 2017 6.6. Selection of Firm to Provide General Investment Consultant Services M/S/C (Chavez/Carr) on a vote of 10 ayes and 1 recusal, to approve the selection of NEPC, LLC and authorize the General Manager to execute the contract for NEPC, LLC to provide general investment consultant services to the Santa Clara Valley Transportation Authority (VTA) for a period of five years plus two optional one year extensions, for a total of seven years and an amount not to exceed $1,377,000. Board Member Liccardo recused. 6.7. Transit Performance Initiative (TPI) - Investment Program Grant M/S/C (Chavez/Carr) to adopt Resolution No. 2017.03.12 authorizing the General Manager to file and execute grant applications and agreements with the Metropolitan Transportation Commission (MTC) for funding from the Transit Performance Initiative (TPI) - Investment Program (Round 3). 6.8. FTA Section 5310 Formula Grant Program M/S/C (Chavez/Carr) to adopt Resolution No. 2017.03.13 authorizing the General Manager to submit and execute grant applications and agreements, certifications, assurances, and other documents as necessary to receive funding from the California Department of Transportation (Caltrans) under the Federal Transit Administration (FTA) Section 5310 Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program. 6.9. Express Lanes Funding and Operations Assessment M/S/C (Chavez/Carr) to review and receive the Auditor General's report on the Express Lane Funding and Operations Assessment. 6.10. Report on Follow-Up on the Investment Program Controls Internal Audits Performed During FY 2013 & FY 2015 M/S/C (Chavez/Carr) to review and receive the Auditor General's follow-up report on the implementation status of management's action plans contained in the Investment Program Controls Internal Audits performed during Fiscal Years 2013 and 2015. 6.11. Report on Follow-Up on the Timekeeping and Payroll Review M/S/C (Chavez/Carr) to review and receive the Auditor General's follow-up report on the implementation status of management's action plans contained in the Timekeeping and Payroll Process Review. 6.12. Audit Dashboard Follow Up: Audit Recommendations Issued by the Office of the Auditor General as of December 31, 2016 M/S/C (Chavez/Carr) to review and receive the Internal Audit Program's Audit Dashboard on the status of implementation of recommendations issued by the Office of the Auditor General. 6.13. VTP Highway Program Semi-Annual Report Ending October 31, 2016 M/S/C (Chavez/Carr) to receive the Valley Transportation Plan (VTP) Highway Program Semi-Annual Report Ending October 31, 2016.

Page 7 of 14 MINUTES BOARD OF DIRECTORS Thursday, March 02, 2017 6.14. SR 85 Noise Reduction Program (Phase 1) M/S/C (Chavez/Carr) to receive a report on the "State Route 85 Noise Reduction Study Final Phase 1 Report" dated September 2016. 6.15. Next Network Outreach Status Update M/S/C (Chavez/Carr) to receive a summary of community feedback collected to date on the draft Next Network transit service plan. 6.16. Legislative Update Matrix M/S/C (Chavez/Carr) to review the Legislative Update Matrix.

RESULT: ADOPTED – Consent Agenda Items #6.1, #6.3, #6.5, #6.7 - #6.16 MOVER: Cindy Chavez, Board Member SECONDER: Larry Carr, Board Member AYES: Bruins, Carr, Chavez, Diep, Hendricks, Jones, Liccardo, O'Neill, Peralez, Vaidhyanathan, Yeager NOES: None ABSENT: Khamis

RESULT: ADOPTED – Consent Agenda Items #6.4 and #6.6 MOVER: Cindy Chavez, Board Member SECONDER: Larry Carr, Board Member AYES: Bruins, Carr, Chavez, Diep, Hendricks, Jones, O'Neill, Peralez, Vaidhyanathan, Yeager NOES: None RECUSAL: Liccardo ABSENT: Khamis

7. REGULAR AGENDA Administration and Finance Committee 7.1. Fiscal Year 2017 Statement of Revenues and Expenses for the Period Ending December 31, 2016

Raj Srinath, Chief Financial Officer, introduced Carol Lawson, Fiscal Resources Manager, who provided an overview of the staff report. Members of the Board requested staff provide a comprehensive presentation at the April 2017, VTA Administration & Finance Committee and subsequent Board Workshop Meeting to identify budget structural issues and mitigation measures, both near-term and long-term, and bring forward any action the Board could take to implement strategies to address the deficit. The Board noted the presentation should provide context about prior Board action with relevant budget impacts.

Page 8 of 14 MINUTES BOARD OF DIRECTORS Thursday, March 02, 2017 M/S/C (Chavez/Hendricks) to review and accept the Fiscal Year 2017 Statement of Revenues and Expenses for the period ending December 31, 2016.

RESULT: APPROVED [UNANIMOUS] – Agenda Item #7.1 MOVER: Cindy Chavez, Board Member SECONDER: Glenn Hendricks, Board Member AYES: Bruins, Carr, Chavez, Diep, Hendricks, Jones, Liccardo, O'Neill, Peralez, Vaidhyanathan, Yeager NOES: None ABSENT: Khamis

6.2. Appointment Process for the 2016 Measure B Citizens’ Oversight Committee Chairperson Bruins noted amendments to the 2016 Measure B Citizens’ Oversight Committee appointment process as recommended by the Governance & Audit Committee at their February 2, 2017, Regular Meeting has been incorporated in the memo for Board consideration and approval. Public Comment Roberta Hollimon, League of Women Voters of Santa Clara County, congratulated VTA on the passage of the 2016 Measure B. She requested the Board consider adding another seat on the 2016 Measure B Citizens’ Oversight Committee to accommodate both a regional community organization representative and a regional business organization representative to expand citizen representation. Jim Lawson, Director of Public Affairs and Executive Policy Advisor, provided a brief overview of the recommendation by the Governance & Audit Committee at their March 2, 2017, Regular Meeting, noting: 1) add the aspirational goal of geographic representation across Santa Clara County; 2) split the regional community and business organization categories, making the total number of members to eight (8); and 3) provide bond oversight and other relevant training to members. Members of the Board and staff briefly discussed the committee application process, noting the educational administration professional category should aim for someone with experience in transportation coordination of a large institution. Chairperson Bruins encouraged the Board to disseminate information pertaining to the oversight committee recruitment and application process through their local channels. M/S/C (Chavez/Liccardo) to approve, as amended the process for appointments to the 2016 Measure B Citizens’ Oversight Committee. Further: 1) add the aspirational goal of geographic representation across Santa Clara County; 2) split the regional community and business organization categories, making the total number of committee membership to eight (8); and 3) provide bond oversight and other relevant training to members.

Page 9 of 14 MINUTES BOARD OF DIRECTORS Thursday, March 02, 2017

RESULT: APPROVED [UNANIMOUS] – Agenda Item #6.2, as amended. MOVER: Cindy Chavez, Board Member SECONDER: Sam Liccardo, Vice Chairperson AYES: Bruins, Carr, Chavez, Diep, Hendricks, Jones, Liccardo, O'Neill, Peralez, Vaidhyanathan, Yeager NOES: None ABSENT: Khamis

8. OTHER ITEMS 8.1. General Manager Report Ms. Gaeta provided a brief report, including the following:  The final Next Network Transit Service Redesign plan will be presented for Board consideration at its May 2017 meeting;  Presented the VTA ad campaign promoting use of public transportation targeted to homebound and active seniors;  Release of the 2016 VTA Annual Report; and  Ridership and Safety & Security statistics are included in the Board Members’ reading folders and placed on the public table. 8.1.A. Update on Caltrans District 4 Activities in Santa Clara County Bijan Sartipi, Director of Caltrans District 4, provided a report of Caltrans activities in Santa Clara County, highlighting: 1) overview of active construction projects, recently completed projects and programmed projects; 2) State Highway Operations and Protection Program (SHOPP) funding trends; 3) summary of pavement condition; 4) incidents from recent storms; 5) litter, graffiti, and homeless encampment; 6) partnership with the City of San Jose and Caltrans Maintenance; and 7) partnership with VTA, highlighting the Caltrans iTEAM. Discussion ensued covering pavement maintenance, budget and funding, project prioritization, project or program jurisdictions, Adopt-a-Highway Program participation, litter and graffiti, and homeless encampments. Public Comment Omar Chatty, Interested Citizen, made the following comments: 1) expressed appreciation of Caltrans on their response to the recent storms and pavement project in South County; 2) strongly urged that safety be included in the Caltrans iTEAM’s scope; 3) asked about matching funds for the SR 152 corridor environmental document; 4) urged to keep the “pork chops” at intersections; and 5) asked about federal emergency replenishment funds. On order of Chairperson Bruins and there being no objection, the Board received an update on Caltrans District 4 Activities in Santa Clara County. Page 10 of 14 MINUTES BOARD OF DIRECTORS Thursday, March 02, 2017 8.1.B. Presentation from VTA’s Federal Lobbyist Kurt Evans, Government Affairs Manager, introduced Steve Palmer and David Hanes of Van Scoyoc Associates. Mr. Palmer and Mr. Hanes provided a brief report regarding the new administration, infrastructure initiatives, overview of Fiscal Year (FY) 2017 and FY 2018 appropriations, budget priorities, and next steps. Members of the Board thanked Mr. Palmer and Mr. Hanes for the presentation. They expressed concern about funding for the Caltrain Electrification Project, asked about next steps, and noted benefit of working collaboratively with other lobbyists to preserve and maintain federal funding for transportation projects. Public Comment Mr. Chatty advocated for lobbying for the SR 152 corridor environmental document matching funds. He advocated for BART around the Bay Area and noted safety concerns with the lack of Caltrain grade separations. On order of Chairperson Bruins and there being no objection, the Board received a presentation from VTA’s Federal Lobbyist, Steve Palmer and David Hanes of Van Scoyoc Associates. 8.1.C. Report on Operations Support During Coyote Creek flood Inez Evans, Chief Operating Officer, provided a brief report on VTA's response efforts during the Coyote Creek flooding in the City of San Jose. Members of the Board expressed their appreciation to staff on the assistance. They commented that notifications via VTA’s Twitter are most helpful. Upon query, Bernice Alaniz, Director of Communications, briefly discussed other notification methods used to disseminate service disruption information such as social media channels and subscription services. Field supervisors are dispatched at key locations to ensure those without a smartphone or internet access are notified. On order of Chairperson Bruins and there being no objection, the Board received a report on Operations support during Coyote Creek flood. 8.1.D. Government Affairs Update Ms. Gaeta noted the Government Affairs Update was included in the Board Members’ reading folders and placed on the public table. On order of Chairperson Bruins and there being no objection, the Board received the Government Affairs Update.

Page 11 of 14 MINUTES BOARD OF DIRECTORS Thursday, March 02, 2017 8.1.E. Silicon Valley Rapid Transit (SVRT) Program Update Dennis Ratcliffe, Interim Director of Engineering & Transportation Infrastructure Development, provided an overview of VTA’s BART Silicon Valley Extension Phase I forecast summary schedule, and Phase II extension activities, including extension of public review of the Draft Supplemental Environmental Impact Report/Supplemental Environmental Impact Statement (SEIR/SEIS) to March 6, 2017. On order of Chairperson Bruins and there being no objection, the Board received the Silicon Valley Rapid Transit (SVRT) Program Update. 8.2. Chairperson's Report Chairperson Bruins provided a brief report, highlighting: 1) introduction of the VTA Diversity and Inclusion Committee and open forum for its Diversity and Inclusion Strategic Plan at VTA River Oaks on February 15, 2017; and 2) Black History Month Symposium at VTA River Oaks on February 23, 2017. 8.3. Items of Concern And Referral to Administration Board Member Chavez requested staff note lessons learned from the Alum Rock- Santa Clara Bus Rapid Transit Project in the development of a communications framework for the 2016 Measure B Program Areas. 8.4. Unapproved Minutes/Summary Reports from VTA Committees, Joint Powers Boards (JPB), and Regional Commissions 8.4.A. VTA Standing Committees  Governance and Audit Committee – The February 2, 2017, Minutes were accepted as contained in the Agenda Packet.  Congestion Management Program & Planning (CMPP) Committee – The February 16, 2017, Minutes were accepted as contained in the Agenda Packet.  Safety, Security, and Transit Planning & Operations (SSTP&O) Committee – There was no report.  Administration & Finance (A&F) Committee – There was no report. 8.4.B. VTA Advisory Committees  Technical Advisory Committee (TAC) – The February 8, 2017, Minutes were accepted as contained in the Agenda Packet.  Citizens Advisory Committee (CAC) and 2000 Measure A Citizens Watchdog Committee (CWC) - The February 8, 2017, Minutes were accepted as contained in the Agenda Packet.  Bicycle & Pedestrian Advisory Committee (BPAC) – The February 8, 2017, Minutes were accepted as contained in the Agenda Packet.

Page 12 of 14 MINUTES BOARD OF DIRECTORS Thursday, March 02, 2017  Committee for Transportation Mobility and Accessibility (CTMA) – There was no report.  Policy Advisory Committee (PAC) – The February 9, 2017, Minutes were accepted as contained in the Agenda Packet.

8.4.C. VTA Policy Advisory Boards (PAB)  State Route 85 Corridor PAB – There was no report.  Downtown East Valley Policy Advisory Board – There was no report.  Diridon Station Joint Policy Advisory Board – There was no report.  El Camino Real Rapid Transit PAB – There was no report. 8.4.D. Joint Powers Boards and Regional Commissions  Caltrain Peninsula Corridor Joint Powers Board – The March 2, 2017, Summary Notes were accepted as contained in the reading folder.  Capitol Corridor Joint Powers Authority – The February 15, 2017, Summary Notes were accepted as contained in the reading folder.  Dumbarton Rail Corridor Policy Committee – There was no report.  Metropolitan Transportation Commission (MTC) – There was no report.  Sunol Smart Carpool Lane Joint Powers Authority – There was no report.

 Sunol SR 152 Mobility Partnership – There was no report.

8.5. ANNOUNCEMENTS There were no Announcements.

9. CLOSED SESSION 9.1. Recessed to Closed Session at 8:22 p.m. A. Conference with Legal Counsel - Existing Litigation [Government Code Section 54956.9(d)(1)] Name of Case: Con-Quest Contractors, Inc. v. Santa Clara Valley Transportation Authority, et al. (Santa Clara County Superior Court Case No. 1-16-CV-291015) B. Conference with Legal Counsel - Existing Litigation [Government Code Section 54956.9(d)(1)] Name of Case: Santa Clara Valley Transportation Authority v. Mahajan, et al. (Santa Clara County Superior Court Case No. 16-CV-292574)

9.2. Reconvened to Open Session at 8:35 p.m.

Page 13 of 14 MINUTES BOARD OF DIRECTORS Thursday, March 02, 2017 9.3. Closed Session Report A. Conference with Legal Counsel - Existing Litigation [Government Code Section 54956.9(d)(1)] Name of Case: Con-Quest Contractors, Inc. v. Santa Clara Valley Transportation Authority, et al. (Santa Clara County Superior Court Case No. 1-16-CV-291015) Robert Fabela, General Counsel, noted no reportable action was taken during Closed Session. B. Conference with Legal Counsel - Existing Litigation [Government Code Section 54956.9(d)(1)] Name of Case: Santa Clara Valley Transportation Authority v. Mahajan, et al. (Santa Clara County Superior Court Case No. 16-CV-292574) Mr. Fabela noted no reportable action was taken during Closed Session.

10. ADJOURNMENT On order of Chairperson Bruins and there being no objection, the meeting was adjourned at 8:35 p.m.

Respectfully submitted,

Michelle Oblena, Board Assistant VTA Office of the Board Secretary

Page 14 of 14 6.2

Date: March 29, 2017 Current Meeting: April 6, 2017 Board Meeting: April 6, 2017

BOARD MEMORANDUM

TO: Santa Clara Valley Transportation Authority Board of Directors

THROUGH: General Manager, Nuria I. Fernandez

FROM: Interim Director - Planning & Program Development, Carolyn M. Gonot

SUBJECT: FY17-18 Transportation Development Act (TDA)/State Transit Assistance (STA) Claim

Policy-Related Action: No Government Code Section 84308 Applies: No Resolution

ACTION ITEM

RECOMMENDATION:

Adopt a resolution authorizing the filing of an annual claim to the Metropolitan Transportation Commission (MTC) for allocation of FY 2017-2018 Transportation Development Act (TDA) and State Transit Assistance (STA) funds.

BACKGROUND:

Transportation Development Act (TDA) funds originate from a statewide 1/4-cent sales tax that is returned to a Local Transportation Fund (LTF) in the county of origin specifically for transit purposes. Since FY 1992-1993, VTA has claimed all available TDA funds to offset annual operating expenses, including funds apportioned according to TDA Article 4.0 (public transit) and Article 4.5 (paratransit) funds.

State Transit Assistance (STA) funds are derived from the statewide sales tax on diesel fuel and appropriated by the Legislature to the State Controller’s Office. That Office then allocates the tax revenue, by formula, to planning agencies (e.g. MTC) and other selected agencies. State law requires that 50% of STA funds be allocated according to population and 50% be allocated according to operator revenues from the prior fiscal year.

MTC apportions a relatively small amount of STA funds to VTA for paratransit purposes, and a larger amount for general transit operating or capital purposes. VTA’s combined TDA/STA Claim to MTC is made with the understanding that budgeted funding for the paratransit program

6.2

will be at least as large as the combined total of TDA Article 4.5 and STA paratransit funds. The FY 2017 adopted budget includes $20,884,000 for paratransit services.

As a result of the passage of Assembly Bill 1951 (Chapter 632, Statutes of 2000), VTA is eligible to claim STA funds on behalf of Altamont Corridor Express (ACE). AB 1951 amended Public Utility Code Sections 99314 and 99314.3 and added Section 99314.1 to provide STA funds for ACE to be allocated to ACE member agencies to help meet their obligations for ACE operating costs. Each member agency now claims a prorated share of the STA funding earned as a result of operating ACE.

DISCUSSION:

VTA is required to file a claim with MTC in order to receive its annual allocations of TDA and STA funding. Although there is no official estimate at this point, a reasonable calculation based on available information for this year’s TDA/STA estimates (inclusive of FY2016-17 adjustments) are:

Source Amount TDA Article 4.0 (Public Transit) $ 99,351,847 TDA Article 4.5 (Paratransit) $ 5,228,304 Total TDA $ 104,580,151

STA VTA Revenue Estimate $ 10,093,131 STA Paratransit Revenue Estimate $ 991,012 STA ACE Revenue Estimate $ 261,864 Total STA $ 11,346,007

TOTAL TDA/STA $ 115,926,158

ALTERNATIVES:

There is no alternative to this recommendation if VTA intends to claim the combined TDA and STA revenues.

FISCAL IMPACT:

The TDA and STA funds will be used to support VTA operations, including those associated with paratransit service and VTA's contribution to ACE operations as included in the Proposed FY 2018 VTA Transit Fund Operating Budget. STANDING COMMITTEE DISCUSSION/RECOMMENDATION:

The Administration and Finance Committee (A&F) considered this item as part of its consent agenda at the March 16, 2017 meeting. The Committee recommended Board approval.

Prepared by: Lorena Bernal-Vidal Memo No. 6044

Page 2 of 2 6.2.a

Attachment A Resolution No.______RESOLUTION AUTHORIZING THE FILING OF A CLAIM WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT AND STATE TRANSIT ASSISTANCE FUNDS FOR FISCAL YEAR 2017-2018

WHEREAS, a Local Transportation Fund (LTF) has been established by the Board of Supervisors of the County of Santa Clara pursuant to Article 11, Chapter 2, Division 3 of Title 3 of the Government Code, commencing with Section 29530, for the purpose of collecting local sales tax for transit purposes; and

WHEREAS, the Transportation Development Act (TDA), Chapter 4 of Part 11, Division 10 of the Public Utilities Code commencing with Section 99200 provides for the disbursement of funds from the Local Transportation Fund (LTF) of the County of Santa Clara for use by operators and eligible claimants for the support of public transit systems, and community transit (paratransit) services; and

WHEREAS, pursuant to the provisions of the TDA, and pursuant to the applicable rules and regulations thereunder (21 Cal. Code of Regs. Section 6600 et. seq.), a prospective applicant wishing to receive an allocation from the LTF shall file its claim with the Metropolitan Transportation Commission (MTC); and

WHEREAS, the State Transit Assistance (STA) fund is created pursuant to Public Utilities Code Section 99313.6; and

WHEREAS, STA Fund monies are available for allocation to eligible applicants for public transportation purposes and community transit services; and

WHEREAS, allocations from the Local Transportation Fund of Santa Clara County and the State Transit Assistance Fund will be required by the Santa Clara Valley Transportation Authority (VTA) in Fiscal Year 2017-2018 for the support of public transportation systems; and

WHEREAS, VTA will file a combined claim for TDA Article 4.0 (transit operations) and Article 4.5 (paratransit) funds, and commits to spend an amount at least equal to the total available for paratransit purposes through Public Utilities Code Section 99313, 99313.6 and 99314 to fulfill its commitments toward the implementation of its obligations under the Americans With Disabilities Act (ADA); and

WHEREAS, VTA is an eligible claimant for TDA and STA funds for the purposes set forth in Public Utilities Code Sections 99260(a) and 99275(a) as attested to by the Opinion of Counsel Dated 3/15/17.

6.2.a

NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Santa Clara Valley Transportation Authority, that the General Manager is authorized to execute and file the appropriate TDA, LTF and STA claim with all necessary supporting documents, with the Metropolitan Transportation Commission for an allocation of TDA, LTF and STA funds in Fiscal Year 2017-2018; and

BE IT FURTHER RESOLVED, that the VTA General Manager is designated to furnish such additional information as the Metropolitan Transportation Commission may require in connection with the claim; and

BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to the Metropolitan Transportation Commission in conjunction with the filing of the claim; and the Metropolitan Transportation Commission hereby is requested to grant the allocations of funds as specified herein.

Passed and adopted by the Board of Directors of the Santa Clara Valley Transportation Authority on ______by the following Vote:

AYES:

NOES:

ABSENT:

______Jeannie Bruins, Chairperson Board of Directors

ATTEST:

______Elaine Baltao, Secretary Board of Directors

APPROVED as to Form

______ROBERT FABELA General Counsel

6.3

Date: March 16, 2017 Current Meeting: April 6, 2017 Board Meeting: April 6, 2017

BOARD MEMORANDUM

TO: Santa Clara Valley Transportation Authority Board of Directors

THROUGH: General Manager, Nuria I. Fernandez

FROM: Interim Director - Engr & Transp Infra Dev, Dennis Ratcliffe

SUBJECT: Rapid 523 Improvements

Policy-Related Action: No Government Code Section 84308 Applies: No

ACTION ITEM

RECOMMENDATION:

Authorize the General Manager to execute a contract with Sposeto Engineering, Inc., the lowest responsible bidder, in the amount of $1,730,247 for the construction of the Rapid 523 Bus Stop Improvements.

BACKGROUND:

Based on current ridership demand in the Stevens Creek Corridor, VTA is proposing to implement a Rapid 523 service as a near term improvement and early deliverable of the Stevens Creek Bus Rapid Transit (BRT) Project. The Rapid 523 service would replace the Limited 323 and will follow the example of VTA’s Rapid 522 that was implemented in 2005.

The Rapid 523 project will improve travel time and enhance the passenger waiting area to encourage walking and bicycling in the corridor. The goal of the project is to design a compelling, attractive service that will build ridership for future BRT implementation. The Rapid 523 project is focused on providing an enhanced service that will serve the Berryessa BART Station when it opens and, in coordination with the BART Transit Integration Plan, create a service plan between Berryessa BART and De Anza College.

Currently VTA is implementing Transit Signal Priority on the Limited 323 bus route, and the Rapid 523 project creates an opportunity for VTA to implement its Transit Passenger Environment Plan (TPEP), providing high quality bus stop environment that enhances the transit experience and speeds up boarding, which helps to reduce overall travel times.

6.3

The contract includes bus stop pad and passenger boarding improvements at locations along (see Exhibit A). The work includes concrete bus pads, curb and gutter and sidewalk construction. This contract also includes the installation of new bus stop shelters that are being provided by a separate procurement contract.

DISCUSSION:

On November 14, 2016, the Rapid 523 Bus Stop Improvements construction contract was advertised, and two bids were received on December 13, 2016. However, both of the bids significantly exceeded the Engineer’s Estimate primarily due to a specialty item, Real Time Information Signs. Due to the possible confusion regarding the information signs, VTA rejected all bids and readvertised the contract after deleting the real time information signs and providing some modifications to clarify the plans. VTA is currently testing and evaluating different technology for the real time information sign at bus stops. After completing our evaluation, the real time information signs will be installed with upcoming projects. The contract was readvertised on January 25, 2017. Five bids were opened on February 14, 2017 with the following results: Company Name Bid Amount Sposeto Engineering, Inc. $ 1,730,247 Granite Rock Company, Inc. $ 1,881,936 JJR Construction, Inc. $ 1,927,817 Golden Bay Construction, Inc. $ 2,219,013 George Bianchi Construction, Inc. $ 2,317,526

Engineer’s Estimate $ 1,995,406 On February 16, 2017, VTA issued a Notice of Recommended Award of the contract to Sposeto Engineering, Inc. The Post Bid Opening Protest period has ended without any protests, and Sposeto Engineering, Inc. is the lowest responsible and responsive bidder. The bid is 13% below the Engineer’s Estimate. VTA has determined the bid to be fair and reasonable, and recommends award of this contract to Sposeto Engineering, Inc.

Construction is scheduled to begin in May 2017 with a contract duration of 200 days.

ALTERNATIVES: The Board could choose to reject all bids and readvertise the contract. This would result in a delay in awarding this contract and would jeopardize the completion of the project that is planned for completion prior to the planned increased bus service resulting from new BART service to Berryessa as early as the end of 2017.

FISCAL IMPACT:

This action will authorize $1,730,247 for construction of improvements for the Rapid 523 Project. Appropriation for this expenditure is included in the FY2017 Adopted 2000 Measure A Transit Improvement Program Fund Capital Budget.

Page 2 of 3 6.3

SMALL BUSINESS ENTERPRISE (SBE) PARTICIPATION:

Based on identifiable subcontracting opportunities, a Small Business Enterprise (SBE) goal of 12.64% was established for this contract. Contractor has met the established goal and has committed to 92.79% SBE participation on this contract. STANDING COMMITTEE DISCUSSION/RECOMMENDATION:

The Administration & Finance Committee considered this item on March 16, 2017 as part of their consent agenda. The Committee recommended approval of this item without any comment.

Prepared by: Ed Evangelista, Sr. Transportation Engineer Memo No. 5769

ATTACHMENTS:  5769_Exhibit_A_Bus_Stop_Locations (PDF)

Page 3 of 3 6.3.a 6.4

Date: March 29, 2017 Current Meeting: April 6, 2017 Board Meeting: April 6, 2017

BOARD MEMORANDUM

TO: Santa Clara Valley Transportation Authority Board of Directors

THROUGH: General Manager, Nuria I. Fernandez

FROM: Chief Financial Officer, Raj Srinath

SUBJECT: Appoint Sales Tax Audit Consultant

Policy-Related Action: No Government Code Section 84308 Applies: Yes

ACTION ITEM

RECOMMENDATION:

Authorize the General Manager to execute a contract with MuniServices, LLC, for a five-year term, plus two optional one year extensions to provide sales tax reporting, forecasting and audit/recovery services. Fees for sales tax reporting and forecasting services shall not exceed $250,000 in total over the seven year life of the contract. Separate from the limit on reporting and forecasting fees, the audit/recovery fees will be paid additionally on a contingent basis at a rate of 20% of the sales tax revenues recovered by MuniServices. BACKGROUND:

Sales tax revenues are by far the largest revenue source that VTA receives. Therefore, it is important to obtain performance reports and updated revenue forecasts that are as accurate and timely as possible, to be used in conjunction with ongoing budget processes. Additionally, because of the large dollar value of the sales tax revenues, it is appropriate to retain a firm to audit the State Board of Equalization’s (SBOE) records to identify and correct problems that reduce VTA’s revenues. Examples of problems are when businesses fail to report their transactions tax properly, such as when sales tax is allocated to an incorrect jurisdiction or not reported at all. MuniServices has specialized systems and experience to identify such errors and a good working relationship with the SBOE to recover the funds.

Although the SBOE has the responsibility of auditing taxpayer returns, they do not have sufficient staff to conduct ongoing comprehensive audits nor do they have any significant incentive to correct these types of misallocations or underreporting, leaving the primary responsibility for this effort to the taxing jurisdictions like VTA.

6.4

MuniServices, LLC has been providing sales tax auditing services to VTA since 2002 and has recovered $12 million through October, 2016. Relative to the $945,000 of contingent fees associated with those recoveries, VTA has retained more than 90% of the recovered revenues.

DISCUSSION:

VTA issued a Request for Proposal (RFP) on September 19, 2016. Responses for the Request for Proposals were received from:

HdL Companies MuniServices, LLC Sotomayor CPAs

All proposals received were considered and reviewed by a panel consisting of a Contracts Administrator, a Fiscal Resources Manager, the Investment Program Manager and a Financial Analyst. Each proposal was evaluated based on the following criteria:

 Qualification of the firm  Staffing and project organization  Work plan/project understanding  Local firm preference  Cost and price

The panel eliminated Sotomayor CPAs because they did not demonstrate an understanding of the requested work and did not provide a responsive work plan. The panel interviewed both MuniServices and HdL. Based on the combined results of the proposal reviews and the interviews, MuniServices ranked higher than HdL. MuniServices better demonstrated their understanding of the unique nuances of a district transaction based sales tax and had more experience related to auditing such tax receipts. Therefore, the recommended action is to award the contract to MuniServices.

Many of the larger transportation agencies that collect a tax also use MuniServices, and include the Bay Area Rapid Transit District, Los Angeles County Metropolitan Transportation Authority, Orange County Transportation Authority, San Diego County Regional Transportation Commission and San Joaquin County Transportation Authority. Additionally, MuniServices provides auditing services for ten cities within Santa Clara County. This mix of transportation clients and clients in Santa Clara County provides MuniServices with extensive synergies related to data analysis and data collection, which facilitates location of a greater number of errors and recoveries on behalf of VTA.

Fees for work related to transaction and use tax auditing will be paid on a contingent basis at the rate of 20% (applying only to additional revenue received by VTA as a result of accounts identified and corrected by MuniServices). The contingent fee applies to all eligible prior quarters preceding up to and including the first quarter of correction for claims made resulting from the audits. The amount of future recoveries is unknown, but based on historical recoveries; staff anticipates the amount to be approximately $6.0 million over the seven year contract period,

Page 2 of 3 6.4

which would result in contingent fees of approximately $1.2 million. For errors identified by SBOE prior to submission of a claim to SBOE by MuniServices, no contingent audit recovery fees are paid.

Fees for work related to comprehensive sales tax analysis reports and forecast, including extensive information related to sales tax collections by economic category (e.g. general retail, business to business, transportation, construction, etc.) and economic segment (e.g. department stores, office equipment, auto sales, building materials, etc.) are $150,000 for five years, and if extended, would be an amount not to exceed $77,000 for the two additional years. Additionally, $23,000 is included to fund any ad hoc analytical or reporting needs.

ALTERNATIVES:

The Board could elect not to award this contract, however, this alternative is not recommended, as it would jeopardize the amount of sales tax revenue that may potentially be recovered and eliminate useful analysis related to the origins of VTA’s primary source of revenue that supports VTA’s transit operating and capital programs.

FISCAL IMPACT:

This action will authorize approximately $1.2 million of contingent fees related to recovery of sales tax revenues over the next seven years. Actual fees paid may be more than or less than $1.2 million depending on the amount of sales tax revenue recovery. This action also authorizes $250,000 for sales tax revenue analysis and reporting services over the next seven years. Anticipated costs for the first two years of the contract will be included in the Proposed FY 2018 & FY 2019 VTA Transit Fund Operating Budget. Appropriation for the remainder of the contract will be included in subsequent budgets. STANDING COMMITTEE DISCUSSION/RECOMMENDATION: The Administration and Finance Committee received a staff presentation on this item at their March 16, 2017, meeting. Upon inquiry, staff responded MuniServices has provided services to VTA since 2002. Staff added none of the proposing firms included the reporting/forecasting fee as part of the audit recovery fee. The Committee recommended Board approval and placed this item on the consent agenda for the April 6, 2017 VTA Board of Directors’ meeting.

Prepared by: Michael J. Smith - Finance Manager Memo No. 6041

ATTACHMENTS:  Attachment A - Sec 84308 (PDF)

Page 3 of 3 6.4.a

Attachment A

Government Code Section 84308 Campaign Disclosure Prohibitions

Subject: Appoint Sales Tax Audit Service Provider

Firm Name Role Location MuniServices, LLC Doug Jensen Senior VP Client Fresno, CA Services

6.5

Date: March 29, 2017 Current Meeting: April 6, 2017 Board Meeting: April 6, 2017

BOARD MEMORANDUM

TO: Santa Clara Valley Transportation Authority Board of Directors

THROUGH: General Manager, Nuria I. Fernandez

FROM: Interim Director - Planning & Program Development, Carolyn M. Gonot

SUBJECT: One Bay Area Grant Cycle One Status and Reprogramming

Policy-Related Action: No Government Code Section 84308 Applies: Yes

ACTION ITEM

RECOMMENDATION:

Approve the following actions regarding One Bay Area Grant (OBAG) Cycle 1 Program of Projects:  Reprogram $3,440,000 from the City of Sunnyvale's project East and West Channel Multi-Use Trails to the City of Milpitas' project Montague Expressway Pedestrian Bridge at Milpitas BART.

 Reprogram $223,065 between the Duane Avenue Roadway and the Maude Avenue Bikeway and Streetscape projects for the City of Sunnyvale.

 Reprogram $550,928 between the San Tomas Expressway Box Culvert and the Capitol Expressway ITS and Bike/Pedestrian Improvement projects for the County of Santa Clara.

 Re-scope the City of San Jose’s project Downtown Bike Lanes and De-couplet to allow the City to use the $1,500,000 OBAG 1 grant for construction of pedestrian safety improvements, subject to the conditions specified in this memorandum. BACKGROUND:

The VTA Board of Directors approved the One Bay Area Grant (OBAG) Cycle 1 Program of Projects at its June 6, 2013 meeting. The VTA Board provided $26,472,000 for eighteen projects guaranteed by formula and $44,791,000 for twenty competitive projects. Attachment A provides a listing of the competitive projects and their current status.

6.5

On January 5, 2017, the VTA Board of Directors approved the OBAG Cycle 2 Program of Projects. This action provided $48,036,500 for fifteen competitive projects. However, it did not fully fund all of these projects. There is a $4,276,120 funding gap. The Board directed staff to review the OBAG 1 program of projects, provide the Board with a status report on the OBAG 1 program, and identify savings and other funding sources which could be used to fill the gap.

DISCUSSION:

OBAG 1 Reprogramming Actions

As Attachment A shows, the majority of the OBAG 1 competitive projects have either been completed, or are under contract now. However, most OBAG 1 competitive projects were either delayed and/or re-scoped, and some were deleted from the program. Several projects require additional VTA Board actions at this time. VTA staff recommendations are as follows:

The City of Sunnyvale's project East and West Channel Multi-Use Trails received $3,440,000 in Competitive Congestion Mitigation Air Quality (CMAQ) funds. Several years later, following negotiations with the City of Sunnyvale, the Santa Clara Valley Water District incorporated most of the OBAG project into a Water District project, releasing the funds for reprogramming. The $3,440,000 was included in the OBAG 2 fund program approved by the VTA Board on January 5, 2017. The funds have a January 31, 2018 expiration date, which is earlier than the rest of the OBAG 2 funding. Metropolitan Transportation Commission (MTC) staff are requiring that the VTA Board specifically direct these funds to another project which can be delivered in time. VTA staff recommend programming them to the OBAG 2 Montague BART Station Pedestrian Overcrossing (POC) project. This action ensures that the funds are used on an OBAG 2 project, but neither decreases the program gap nor increases the total funding commitment to the Montague POC project.

Additionally, the City of Sunnyvale received OBAG 1 Guarantee funds for its Duane Ave Roadway project, which came in under budget, resulting in a cost savings of $223,065. City staff wishes to use those funds for the City’s competitive OBAG 1 Maude Avenue Bikeway and Streetscape project which is currently over budget. VTA staff recommends reprogramming the funds between these projects.

The County of Santa Clara received OBAG 1 Guarantee funds for its San Tomas Expressway Box Culvert project, which came in under budget, resulting in a cost savings of $550,928. County staff wishes to use those funds for the County’s competitive OBAG 1 Capitol Expressway ITS and Bike/Pedestrian Improvements project, which is costing more than projected. VTA staff recommends reprogramming the funds between these projects.

The City of San Jose received $1,500,000 for the environmental and design phases of the Downtown Bike Lanes and De-couplet project. The project scope approved by the VTA Board of Directors was design and environmental clearance of the conversion of the one-way couplets on Almaden/Vine, 2nd/3rd, 10th/11th. The project also included reducing lanes, adding bike lanes and installing physical improvements that would enhance pedestrian and bicycle accessibility. City staff have proposed a revised project scope, which deletes the one-way couplet conversion and constructs pedestrian safety enhancements. The bike lanes would be funded from other city sources. VTA staff met with City of San Jose staff and VTA Board Member

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Peralez who represents the district in which the project is located. Board member Peralez and City staff requested the scope change as result of consultations with the residents of the Almaden Ave. and Vine St. neighborhood. VTA staff supports the City’s revised scope conditioned on the following, and there is no change in the amount of project funding.

 The City of San Jose constructs the bicycle lanes on Almaden Ave. and Vine St. using non-OBAG funds.

 The City of San Jose commits to using its’ own funds to complete the environmental and design phases of the de-coupling of 10th & 11th, 2nd & 3rd. The City may compete for right-way and construction funding once those project delivery phases are complete. The same commitment applies to Almaden Ave. & Vine St., should the City choose to return those streets to two-way operation in the future.

Table 1: OBAG Cycle 1 Funds Reprogramming Actions Agency Project/Program Amount From Amount To Sunnyvale East/West Channel Multi-Use Trail $3,440,000 Milpitas Montague Expressway Ped Bridge at Milpitas BART $3,400,000 Sunnyvale Duane Avenue Roadway $223,065 Sunnyvale Maude Avenue Bikeway and Streetscape $223,065 County San Tomas Expressway Box Culvert $550,928 County Capitol Expressway ITS and Bike/Pedestrian Improvements $550,928

ALTERNATIVES:

The VTA Board may consider other programming alternatives.

FISCAL IMPACT:

There is no fiscal impact to VTA as a result of this action. STANDING COMMITTEE DISCUSSION/RECOMMENDATION:

The Congestion Management Program & Planning Committee (CMPP) received a staff presentation at its March 16, 2017 meeting, which included a revised staff recommendation for the Dowtown Bike Lanes and De-couplet project. The revision has been incorporated into this memorandum for consideration by the full VTA Board of Directors (Board). The Committee recommended Board approval.

Prepared by: Celeste Fiore Memo No. 6023

ATTACHMENTS:  RES 6023_Attach A (PDF)  RES 6023_Attach B_Competitive (PDF)

Page 3 of 3 ATTACHMENT A 6.5.a One Bay Area Grant Cycle 1 Performance of Projects

Agency Project Name Brief Description OBAG 1 Current Status Delayed (D), Remaining Other VTA Comments Name Amount Rescoped (R) Funds Programmed or Canceled (C) Campbell Campbell Avenue Portals Add pedestrian- and bicycle-friendly enhancements on $3,718,000 complete n/a $0 Campbell Avenue. Gilroy Ronan Channel Trail On Ronan channel levee from Sixth St to Leavesley Rd and $1,034,000 finalizing D $1,034,000 Updated the funding plan to reprogram $1M in CON Lions Creek levee from Kern to Tapestry Dr, build bicycle permits CMAQ and $135K in CON Local from FY16 to FY17 pedestrian trails. Palo Alto Adobe Creek/Highway 101 In Palo Alto where US 101 crosses Adobe Creek: Construct originally in design D, R Updated the funding plan to change the source for Bicycle Pedestrian Bridge Bike/Ped Bridge. $1,000,000 $3M in CON funds from Local to RIP and reprogram the funds from FY16 to FY17 and updated the project description to indicate that the project is phased. Updated the funding plan to change the fund source for $1M in FY16 CON funds from OBAG-CMAQ to Local. Updated the funding plan to change the fund source for $1.35M in FY17 CON funds from Local to RIP. Updated the funding plan to add $350K in FY17 CON Local funds and $3.15M in FY22 CON RTP-LRP funds and reprogram $4.35M in CON RIP from FY17 to FY22.

San Jose Bike Phase 1: Reduce lanes, add bike lanes and install $1,500,000 scope change D $1,035,000 Updated the funding plan to reprogram $1.5M in PE Lanes and De-couplet improvements that will enhance pedestrian and bicycle proposed CMAQ and $315K in PE local funds from FY14 to accessibility on Almaden Ave and Vine St. Phase 2: Convert FY15. City proposing scope change. one-way couplets to two-way streets; reduce lanes; add bike lanes along each segment: 1) 10th/11th Streets, and 2) 2nd/3rd Streets. Each phase and segment may be completed independently.

San Jose Various locations: make improvements to the bikeway $2,000,000 Preparing RFA D $2,000,000 Updated the funding plan to reprogram $2M in CON Bike/Pedestrian Transit network including the installation of new bikeways, traffic for submission CMAQ from FY16 to FY17 Connection calming features, public bike racks, bike-friendly signal to Caltrans detection and pavement markings.

San Jose Jackson Complete Streets On Jackson Avenue between McKee Road and Alum Rock $1,500,000 under D $0 Updated the funding plan to reprogram $75K in ROW Avenue install two new traffic signals and the modification construction CMAQ and $20K in ROW local from FY14 to FY15, of one existing signal, crosswalks, street trees as appropriate Updated the funding plan to reprogram $75K in FY15 and other improvements as required. CMAQ and $20K in FY15 local funds from ROW to CON

Page A-1 ATTACHMENT A 6.5.a One Bay Area Grant Cycle 1 Performance of Projects

Agency Project Name Brief Description OBAG 1 Current Status Delayed (D), Remaining Other VTA Comments Name Amount Rescoped (R) Funds Programmed or Canceled (C) San Jose San Jose PDA Pedestrian At various key intersections: implement traffic signal $3,000,000 Oblligated- D, R $3,000,000 Updated the funding plan to reprogram $200K in Oriented Traffic Safety controlled crossings. phased CMAQ and $53K in Local from FY14 PE to FY15 CON, Signals construction reprogram $800K in CMAQ and $213K in Local from beginning FY14 PE to FY17 CON, and Updated the project description to show project phasing and clarify scope. 2017 TIP Updated - Updated the funding plan to reprogram $213K in CON Local funds from FY16 to FY17 San Jose St. Johns Bikeway and On St. John St from N. Montgomery St to N. First St and $1,185,000 construction to D $1,185,000 Updated the funding plan to reprogram $1.5M in Pedestrian Improvements along N. Almaden Blvd between W. Julian St and Carlysle St: begin in March CON RIP and $213K in CON Local from FY17 to FY16, Improve bicycle and pedestrian facilities including gap filling Updated the funding plan to reprogram $1.5M in and signal modification. CON RIP funds and $162K in CON Local funds from FY15 to FY17 and $51K in CON Local funds from FY13 to FY17. - Updated project description and funding plan San Jose The Alameda "Beautiful Improve pedestrian mobility with improved facilities $3,132,000 Expected D $3,132,000 Updated the funding plan to change the fund source Way" Grand Boulevard including enhanced crosswalks, sidewalks and signage along award March for $1.35M in CON funds from local to RIP and Phase 2 Alameda from Stockton Ave to Fremont St. reprogram to FY17. Updated the project description to indicate that the project is phased.

Santa Clara San Tomas Expressway Design, environmental clearance, and construction for $8,350,000 complete n/a $0 County Box Culvert Rehabilitation rehabilitating the box culvert under San Tomas Expressway.

Santa Clara Capitol Expressway ITS Upgrade traffic signals and ITS infrastructure and install $7,735,000 obligated D $7,735,000 Updated the funding plan to reprogram $4.8M in County Infrastructure and Sidewalk pedestrian sensors and bike detection at all intersections to CON CMAQ, $1.4M in CON STP and $1.7M in CON Project allow traffic responsive and adaptive signal timing and fill in Local from FY16 to FY17 sidewalk gaps on Capitol Expressway.

Santa Clara San Tomas Aquino Spur Trail From El Camino Real/SR 82 to Homestead Road: Construct $3,234,000 under D $0 Updated funding plan to move CMAQ funds to FY 15 County Phase 2 San Tomas Aquino Spur Trail Phase 2. construction Saratoga Prospect Road Complete Reduce roads width to calm traffic and install bike/ped $4,208,000 RFA request @ D $4,208,000 Updated the funding plan to reprogram $4.2M in Streets enhancement on Prospect Road between Caltrans CON CMAQ and $295K in Local funds from FY16 to Saratoga/Sunnyvale Rd and Lawrence Expressway and on FY17 Saratoga Ave between Highway 85 to the City Limits to the north (Lawrence Expressway). Sunnyvale Sunnyvale East and West At various locations on the Sunnyvale East Channel: $3,440,000 cancelled C $0 Funds to be reprogrammed in OBAG2 Channel Multi-Use Trails construct multi-use paved trails. Sunnyvale Fair Oaks Avenue Bikeway At various Locations on Fair Oaks Avenue: Construct bike $956,000 in design D $956,000 Updated the funding plan to reprogram CON from and Streetscape lanes and complete sidewalk enhancements and FY17 to FY18 rehabilitation to improve pedestrian safety.

Page A-2 ATTACHMENT A 6.5.a One Bay Area Grant Cycle 1 Performance of Projects

Agency Project Name Brief Description OBAG 1 Current Status Delayed (D), Remaining Other VTA Comments Name Amount Rescoped (R) Funds Programmed or Canceled (C) Sunnyvale Maude Avenue Bikeways On Maude Avenue between Mathilda Avenue and Fair Oaks $695,000 in design D $695,000 Updated the funding plan to reprogram $695K in and Streetscape Avenue: Install medians, modify roadway geometry and FY16 CON CMAQ funds to FY17 and $135K in FY15 PE stripe bike lanes. Local funds to FY16, Updated the expanded project description to provide additional detail on the scope of work Sunnyvale Safe Routes to School Ped Install pedestrian enhancements for school route $1,569,000 obligated D $1,569,000 Updated the funding plan to reprogram $1.6M in Infrastructure intersections at 17 school sites. CON CMAQ from FY15 to FY17 Improvements Sunnyvale Sunnyvale/Saratoga Traffic On Sunnyvale-Saratoga Road at Mathilda: Upgrade the $524,000 in design D, R $524,000 Updated the project scope to add the intersection of Signal, Bike/Ped Safety existing traffic signal and install new ramps, bike detection Sunnyvale/Saratoga Rd and El Camino Real, Updated and ped signals. the project scope to remove reference to the removal of islands and free right turn lanes and add the installation of green bike lanes, Updated the project description to remove the Sunnyvale- Saratoga Road at El Camino Real intersection portion of the project; Updated the funding plan to reprogram $524K in CON CMAQ from FY16 to FY17; Updated the regional air quality description.

Page A-3 Attachment B OBAG 2 FY18‐22 Competitive Applications ‐ Recommended Funding Reserved for Requested Recommended Cumulative Agency Application Name Score Funded Phase Future Amount Amount Amount Programming

1 Sunnyvale Peery Park Sense of Place Improvements 92$ 2,686,000 $ 1,151,143 Env/Design $ 1,534,857 $ 2,686,000 2 San Jose McKee Road Vision Zero Priority Safety Corridor 89 $ 8,623,000 $ 2,846,000 Env/Design $ 5,777,000 $ 11,309,000 3 Sunnyvale East Sunnyvale Area Sense of Place‐Transit/Bike/Ped Upgrades 89$ 3,047,425 $ 1,306,040 Env/Design $ 1,741,385 $ 14,356,425 4 Sunnyvale Fair Oaks Ave Bikeway & Streetscape 86$ 782,495 $ 335,355 Env/Design $ 447,140 $ 15,138,920 5 Milpitas/VTA Montague Expressway Pedestrian Overcrossing at Milpitas BART Station 84 $ 7,000,000 $ 7,000,000 CON $ 22,138,920 6 San Jose West San Carlos Urban Village Streetscape Improvements 82 $ 7,932,000 $ 2,618,000 Env/Design $ 5,314,000 $ 30,070,920 7 Sunnyvale Bernardo Ave Bicycle Undercrossing 77$ 500,000 $ 500,000 Env/Design $ 30,570,920 8 Sunnyvale Java Drive Road Diet & Bike Lanes 76$ 500,000 $ 214,286 Env/Design $ 285,714 $ 31,070,920 9 Palo Alto El Camino Real Pedestrian Safety & Streetscape 74 $ 4,655,000 $ 4,655,000 CON $ 45,114,920 10 San Jose Tully Road Vision Zero Priority Safety Corridor 74 $ 8,599,000 $ 2,838,000 Env/Design $ 5,761,000 $ 39,669,920 11 Santa Clara Hetch‐Hetchy Trail Phase 174 $ 790,000 $ 790,000 CON $ 40,459,920 12 Santa Clara Santa Clara Safe Routes to School 72 $ 513,500 $ 513,500 CON $ 45,628,420 13 Sunnyvale Lawrence Station Area Sidewalks & Bike Facilities 70$ 500,000 $ 214,286 Env/Design $ 285,714 $ 46,128,420 14 Santa Clara San Tomas Aquino Creek Trail Underpass 70 $ 2,449,000 $ 2,449,000 CON $ 48,577,420 15 Santa Clara Saratoga Creek Trail Phase 170 $ 3,735,200 $ 3,735,200 CON $ 52,312,620 SCORE CUTOFF 16 San Jose/VTA King Road Pedestrian Safety & Transit Access Improvements 69 $ 607,000 $ 31,165,810 $ 21,146,810 $ 52,312,620 17 Campbell Campbell PDA Enhancements Project 69 $ 3,080,000 18 San Jose Julian & St. James "Livable Streets" Couplet conversion 68 $ 6,753,000 19 Sunnyvale Fremont Ave Bikeway & Streetscape Improvements 64$ 1,244,000 20 Santa Clara Lawrence Station Area ‐ Monroe Street & Agate Drive Bike/Pedestrian 62 $ 942,000 21 Mountain View Shoreline Blvd Pathway Improvements 58 $ 1,996,000 22 Gilroy Fourth Street Streetscape 57 $ 950,000 23 Gilroy Gourmet Alley 57 $ 1,168,000 24 Los Altos San Antonio Road & West Portola Ave Improvements 56 $ 670,000 25 Gilroy Fifth Street & Martin Complete Street Gap Closure 54 $ 1,853,000 26 Cupertino Stevens Creek Blvd Class IV Bikeway 47 $ 807,000 27 Palo Alto California Avenue District Bike Station 44 $ 1,505,000 CMAQ Requested $ 73,887,620 Available OBAG 2 Funds $ 48,946,500 Palo Alto Less Adobe Creek/Hwy 101 Bicycle Pedestrian Bridge (funded in OBAG 1) $ (4,350,000)

Sub‐total $ 44,596,500 6.5.b OBAG1 Undelivered funds $ 3,440,000 Total Available Funds $ 48,036,500 6.6

Date: March 29, 2017 Current Meeting: April 6, 2017 Board Meeting: April 6, 2017

BOARD MEMORANDUM

TO: Santa Clara Valley Transportation Authority Board of Directors

THROUGH: General Manager, Nuria I. Fernandez

FROM: Interim Director - Planning & Program Development, Carolyn M. Gonot

SUBJECT: Vehicle Emissions Reductions Based at Schools Evaluation Criteria

Policy-Related Action: No Government Code Section 84308 Applies: No

ACTION ITEM

RECOMMENDATION:

Approve the revised evaluation criteria and procedures for selecting projects and awarding Vehicle Emissions Reductions Based at Schools (VERBS) Program grants. BACKGROUND:

In December 2009, the Metropolitan Transportation Commission (MTC) created the Climate Initiatives Program funding to support the implementation of Plan Bay Area. Plan Bay Area was the region’s first Sustainable Communities Strategy (SCS), including mandated goals to reduce greenhouse gas (GHG) emissions.

Under the umbrella of the Climate Initiatives Program, MTC set aside Federal Highway Administration (FHWA) flexible funds for a Safe Routes to School (SR2S) Program. MTC further split the SR2S program funds into two programs - one administered by MTC, and one delegated to each of the county Congestion Management Agencies (CMAs).

As the congestion management agency (CMA) for Santa Clara County, Santa Clara Valley Transportation Authority (VTA) developed a local Safe Routes to School County Program called Vehicle Emissions Reductions Based at Schools (VERBS). VTA staff worked with a coalition of local partners to develop the programming process and criteria through the VTA Technical Advisory Committee’s Capital Improvement Program Working Group. Participants included representatives from the Traffic Safe Communities Network (TSCN), City of San Jose's Safe Streets program, Silicon Valley Bicycle Coalition (SVBC), Santa Clara County Public Health Department, and Gilroy Unified School District. The Board divided VERBS funding between infrastructure and non-infrastructure projects and adopted separate criteria to promote a robust

6.6

and diverse county-wide program.

The VTA Board of Directors approved the VERBS program evaluation criteria and procedures on September 2, 2010 as shown in Attachment A. VTA staff issued two call-for-projects using these criteria on September 3, 2010, and on November 19, 2012.

MTC discontinued the regional SR2S program, and directed the funds into OBAG 2 in 2016. CMA's are required to program a minimum amount to SR2S projects, but have the option of either including it in their OBAG 2 project solicitation, or running it as a separate program. While some SR2S projects have been funded through VTA's OBAG 1 and 2 programs, by and large the cities and partners preferred to continue with a separate program, featuring criteria specifically tailored for VERBS. VTA's required funding amount is $6.9 million for the five- year period 2018 through 2022, based on current K-12 total enrollment for private and public schools as reported by the California Department of Education.

It is important to note that this program is funded exclusively by Federal Congestion Mitigation and Air Quality (CMAQ) funds. CMAQ focuses on vehicle emission reductions. As a result, VERBS needs to target air quality improvements as well as the health and safety of school-aged children.

DISCUSSION:

Following the conclusion of the second VERBS project solicitation, several grant recipients requested VTA staff revisit the evaluation criteria and procedures for the next cycle. VTA staff held several meetings starting with a special session of the SR2S Grantees/Providers group in August 2015. This group consisted of city and County SR2S coordinators, VTA Planning and Grants staff, and VERBS grant recipients. The Capital Improvement Program (CIP) Working Group also reviewed iterations of proposed changes from meetings held throughout 2016.

Subsequent to those meetings, on November 8, 2016, Santa Clara County residents approved Measure B, a 30-year sales tax. Measure B includes $250 million for a Bicycle and Pedestrian program. Eligible project types consist of education and encouragement, planning projects and capital projects.

VTA staff are currently in the process of developing Measure B Bicycle and Pedestrian Program guidelines with VTA’s Advisory Committees. Staff is proposing that the Measure B Bicycle and Pedestrian program set aside of 15% of program funds for education and encouragement activities, including Safe Routes to School educational programs, walk audits, open street events and bicycle/pedestrian safety campaigns. VTA staff is proposing to remove non-infrastructure projects from the VERBS program, and fund them through this portion of the Measure B Bicycle and Pedestrian Program instead. The advantages to project sponsors from this proposal include a lower local match requirement, no federal processes and restrictions, continuity of funding; potential doubling of non-infrastructure funding.

This change would direct all available Safe Routes to School County Program CMAQ funds into capital projects. Below are the proposed changes to the screening and scoring criteria of this

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program found in Attachment B.

Screening Criteria Changes

This section was streamlined to remove:

 Item (1) "Clearly Identified Purpose, Need and Desired Outcomes", as these elements are included in Scoring Criterion #1  Item (2) "Proposed method to evaluate the reduction in criteria pollutants and congestion", seen as unnecessary.

Scoring Criteria Changes

 Non-infrastructure project scoring criteria were removed.  The Local Match criteria was modified to use the same Local Match criteria found in the One Bay Area Grant program, and items were arranged in maximum point order.  A request for maps was added to items #1, #3, and #7 in order for the application to receive maximum points.  Changes to existing evaluation criteria and procedures are shown on Attachment B.

Reprogramming funds between VERBS Projects One of the tasks of the VTA Board is to approve federal and state funding to various projects within Santa Clara County. After the projects are approved by the Board, situations can develop where it is necessary to quickly move funds between projects to expedite project delivery and to maximize use of federal and/or state funds. Staff recommends that the board delegate authority to the General Manager or his or her delegate to work with federal, state and regional agencies to reprogram funds between Board-approved projects in the same funding program as needed.

ALTERNATIVES:

The VTA Board of Directors may decide to approve other criteria and procedures.

FISCAL IMPACT:

This program does not affect any of VTA’s budgets. All projects recommended by the Vehicle Emissions Reductions Based at Schools of Santa Clara County (VERBS) Program will receive their programmed funding through the Federal Highway Administration process administered by Caltrans. There is no fiscal impact to VTA as a result of these actions. ADVISORY COMMITTEE DISCUSSION/RECOMMENDATION:

The Technical Advisory Committee (TAC), Bicycle and Pedestrian Advisory Committee (BPAC) and Policy Advisory Committees (PAC) reviewed and discussed this at their respective March 8 and March 9, 2017 meetings. All three committees unanimously supported the staff recommendation and recommended Board approval. The BPAC's action amended the safety criterion to require that project applicants submit safety-related data supporting their applications.

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STANDING COMMITTEE DISCUSSION/RECOMMENDATION:

The Congestion Management Program & Planning Committee (CMPP) reviewed and discussed this item at its March 16, 2017, meeting. The Committee unanimously recommended that the VTA Board of Directors approve the item.

Prepared by: Celeste Fiore Memo No. 5807

ATTACHMENTS:  RES 5807 Attach A_Criteria (PDF)  RES 5807 Attach B_Criteria_Alt (PDF)

Page 4 of 4 ATTACHMENT A 6.6.a Evaluation Criteria and Procedures Santa Clara County Vehicle Emissions Reductions Based at Schools (VERBS) (adopted September 2, 2010)

PROJECT EVALUATION

A project must obtain an overall minimum score of 50 out of 100 points to be eligible for funding. Receipt of at least 50 points does not guarantee funding. Each project will be screened to ensure that it has all of the screening criteria (pass/fail). If the project passes, then it will be scored.

SCREENING CRITERIA

(1) Clearly identified project Purpose, Need and desired Outcomes (2) Proposed method to evaluate the reduction in criteria pollutants and congestion (3) Consultation and Letters of Support for projects from school officials, as well as school- based associations, local traffic engineers, local elected officials, law enforcement agencies, and other relevant community stakeholders.

SCORING CRITERIA

NON-INFRASTRUCTURE IMPROVEMENTS SCORING (Max Pts) 1. Identification & High: Project clearly identifies a significant problem and proposes an 25 justification for the appropriate and effective solution. Up to 25 pts proposed project Medium: Project identifies a moderate problem and proposes an appropriate solution. Up to 16 pts Low: Project identifies a problem and proposes a solution. Up to 8 pts 2. New or increased High: Project will significantly increase the number of students 20 number of students/ participating in the program. Up to 20 pts schools / school Medium: Project will moderately increase the number of students grades anticipated to participating in the program. Up to 13 pts participate Low: Project will increase the number of students participating in the program. Up to 6 pts 3. Air Quality High: Project significantly improves air quality. Up to 20 pts 20 Improvements Medium: Project moderately improves air quality. Up to 13 pts Low: Project improves air quality. Up to 6 pts 4. Multi-Agency Project is jointly implemented by two or more legal entities. 5 Collaboration 5. Local Match High: Project can commit ≥30% of the total project cost from non-federal 10 sources. Up to 10 pts Medium: Project can commit 20% to 29% of total project cost from non- federal sources. Up to 6 pts Low: Project can commit 13% to 19% of total project cost from non-federal sources. Up to 3 pts 6. Innovative public Project is innovative; has potential to be replicated elsewhere. 10 outreach/education 7. Project Readiness High: Project will be ready to start in three months from E-76. 10 pts 10 Medium: Project will be ready to start in six months from E-76. 6 pts Low: Project will be ready to start in nine months from E-76. 3 pts Santa Clara County CMA VERBS Evaluation Criteria and Procedures 6.6.a

INFRASTRUCTURE IMPROVEMENTS SCORING (Max Pts) 1. Gap Closure Project proposes a shorter bicycle or pedestrian route. Score 2 points for 15 each 0.10 mile shorter distance. Up to 15 pts

2. Access to/from High: Project will significantly improve access to a school. Project will be 20 school within 1/3 mile in actual walking/biking distance from a school. Up to 20 pts Medium: Project will moderately improve access to a school. Project will be within 2/3 mile in actual walking/biking distance from a school. Up to 13 pts Low: Project will improve upon limited existing access. Project will be 1 mile in actual walking/biking distance from a school. Up to 6 pts 3. Safety High: Project will significantly improve a demonstrated safety issue with a 15 proven or demonstrated countermeasure. Up to 15 pts Medium: Project will moderately improve a situation with some safety issues (e.g. some reported collisions, conflicts, near-misses, or evidence of high vehicle traffic volume or speed). Up to 10 pts Low: Project will improve safety, even though there are no known problems. Project will reduce exposure/risk of conflicts between motor- vehicles and bike/pedestrians. Up to 5 pts 4. Air Quality High: Project will significantly improve air quality. Up to 20 pts 20 Improvements Medium: Project will moderately improve air quality. Up to 13 pts Low: Project will improve air quality. Up to 6 pts 5. Community of Project is in a Community of Concern, which identifies transportation needs 5 Concern and potential social impacts on minority and low-income communities. 6. Local Plan(s) Is the project in a local, county or community-based plan, such as adopted 5 Bicycle Plans, General Plans, Capital Improvement programs, Specific Plans, Park/Trail Master Plans? 7. Local Match High: Project can commit ≥30% of the total project cost from non- federal 10 sources. Up to 10 pts Medium: Project can commit 20% to 29% of total project cost from non- federal sources. Up to 6 pts Low: Project can commit 13% to 19% of total project cost from non- federal sources. Up to 3 pts 8. Project Readiness High: NEPA, Design and ROW complete. 10 pts 10 Medium: NEPA complete and ROW complete. 6 pts Low: ROW complete. 3 pts

A-2

ATTACHMENT B 6.6.b Evaluation Criteria and Procedures Santa Clara County Vehicle Emissions Reductions Based at Schools (VERBS) (proposed April 2017) PROJECT EVALUATION

A project must obtain an overall minimum score of 50 out of 100 points to be eligible for funding. Receipt of at least 50 points does not guarantee funding. Each project will be screened to ensure that it has the screening criteria (pass/fail). If the project passes, then it will be scored.

SCREENING CRITERIA

Provided Letters of Support from: school officials, school-based associations, local traffic engineers, local elected officials, law enforcement agencies, and other community stakeholders that will inform the evaluation process.

INFRASTRUCTURE IMPROVEMENTS SCORING CRITERIA

(Max Pts) 1. Infrastructure High: Project will significantly improve access to a school and project will be within improvement(s) to school 1/3 mile in actual walking/biking distance from a school. access Up to 20 pts Medium: Project will moderately improve access to a school and project will be 20 within 2/3 mile in actual walking/biking distance from a school. (Proof of current Up to 13 pts conditions and map Low: Project will improve upon limited existing access and project will be 1 mile in included?) actual walking/biking distance from a school. Up to 6 pts 2. Air Quality High: Project will significantly improve air quality. Up to 20 pts Improvements Medium: Project will moderately improve air quality. Up to 13 pts 20 Low: Project will improve air quality. Up to 6 pts 3. Gap Project proposes a shorter bicycle or pedestrian route. Closure/Connectivity Score 2 points for each 0.10 mile shorter distance. Up to 15 pts 15 (Map included?) 4. Safety High: Project will significantly improve a demonstrated safety issue with a proven or demonstrated countermeasure. Up to 15 pts Medium: Project will moderately improve a situation with some safety issues (e.g. some reported collisions, conflicts, near-misses, or evidence of high vehicle traffic 15 volume or speed). Up to 10 pts Low: Project will improve safety, even though there are no known problems. Project will reduce exposure/risk of conflicts between motor-vehicles and bike/pedestrians. Up to 5 pts 5. Local Match Agency can commit from 12% to ≥ 21% of total project cost from non- federal 10 sources. (one point for each 1 percent to 10 points max) 6. Project Readiness High: NEPA, Design and ROW complete. 10 pts (within 5 years) Medium: NEPA complete and ROW complete. 6 pts 10 Low: ROW complete. 3 pts 7. Community of Concern Project is in a Community of Concern, which identifies transportation needs and 5 (Map included?) potential social impacts on minority and low-income communities. 8. Local Plan(s) Is the project in a local, county or community-based plan, such as adopted Bicycle Plans, General Plans, Capital Improvement programs, Specific Plans, Park/Trail 5 Master Plans?

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Date: March 29, 2017 Current Meeting: April 6, 2017 Board Meeting: April 6, 2017

BOARD MEMORANDUM

TO: Santa Clara Valley Transportation Authority Board of Directors

FROM: Auditor General, General Manager, Bill Eggert, Nuria Fernandez

SUBJECT: Amend FY 2017 Internal Audit Work Plan

Policy-Related Action: No Government Code Section 84308 Applies: No

ACTION ITEM

RECOMMENDATION:

Approve amending the FY 2017 Internal Audit Work Plan to defer one project to the next fiscal year due to VTA's revised project timeline and replace it with a new high-priority project.

BACKGROUND:

The Internal Audit Work Plan (“Work Plan”) specifies the projects that the Board of Directors has authorized the Auditor General’s Office to undertake during a given fiscal year. The FY 2016 and FY 2017 Internal Audit Work Plans were approved by the Board in June 2015.

The FY 2017 Work Plan contains the CAD/AVL RTI (computer-aided dispatch / automatic vehicle location, real time information) Replacement Project Review. This project, which includes a pre-implementation review of the VTA project along with other potential elements, was originally targeted for completion during FY 2017, which coincided with the VTA project implementation schedule. However, since then VTA has revised the project implementation schedule to during FY 2018 and due to this, the Auditor General recommends that its project be correspondingly deferred to the next fiscal year to be in sync with the VTA project.

The Board of Directors has delegated certain specialized discretion to the Governance & Audit Committee in support of its responsibilities in overseeing the activities of the Auditor General function. These responsibilities include approving scope modifications and cost adjustments for Work Plan projects, subject to remaining within the overall budget for that Work Plan. It also includes defining the specific purpose and scope for Board-approved placeholder projects. However, the addition of any project (except urgent ones meeting specified criteria), an increase to the overall finding level for any Work Plan, or deletion of any project contained therein

6.7

requires Board approval.

DISCUSSION:

The Auditor General's Office will present a preliminary list of proposed projects for FY 2018 and FY 2019 to the Governance & Audit Committee on March 2, 2017. Due to VTA’s project timeline for the CAD/AVL RTI system replacement, it is not feasible for the Auditor General to complete the approved project scope during FY 2017, nor is it in VTA’s best interest. Based on current internal audit projects and assessment of risk, the Auditor General is proposing that the approved CAD/AVL project be deferred to FY 2018, and the Board approve a Records Management Assessment project to replace it in the FY 2017 Internal Audit Work Plan.

The specific proposed changes to the FY 2017 Internal Audit Work Plan are:

Projects Being Added 1. Records Management Assessment 220 hours $44,000

This will examine VTA’s Records Management processes, controls, and related policies and procedures. This assessment is recommended by the Auditor General due to its relatively high risk to the organization given the historical findings identified in numerous prior Auditor General projects. VTA has complex compliance requirements and myriad information and data that is captured in different forms across the agency. Scope considerations for the proposed review would include, among others:  Adequacy and effectiveness of existing policies and procedures  Staff awareness and adequacy of training  Compliance with applicable policies, laws, and regulations  Consideration for various data/information and media types  Operational effectiveness of current retention methodologies  Benchmarking of best practices and automation opportunities

Projects Being Deferred to FY 2018 1. RTI Project - CAD/AVL Replacement 185 hours $39,000

ALTERNATIVES:

The Board could choose to not add and/or defer the indicated projects.

FISCAL IMPACT:

This action will authorize an additional $5,000 for Auditor General services during FY 2017. Sufficient appropriation for these services is available in the Adopted FY 2017 VTA Transit Fund Operating Budget.

Page 2 of 3 6.7

STANDING COMMITTEE DISCUSSION/RECOMMENDATION:

The Governance & Audit Committee considered this item at its March 2, 2017 meeting as part of its Consent Agenda. The committee, without comment, unanimously recommended Board approval of this item and placed it on the Board’s Consent Agenda.

Prepared by: Bill Eggert, Auditor General & Stephen Flynn, Advisory Committee Coordinator Memo No. 6034

Page 3 of 3 6.8

Date: March 6, 2017 Current Meeting: April 6, 2017 Board Meeting: April 6, 2017

BOARD MEMORANDUM

TO: Santa Clara Valley Transportation Authority Board of Directors

THROUGH: General Manager, Nuria I. Fernandez

FROM: Director of Government & Public Relations, Jim Lawson

SUBJECT: Legislative Update Matrix

FOR INFORMATION ONLY

BACKGROUND:

The Legislative Update Matrix summarizes the key bills that are being considered by the California State Legislature during the first year of the 2017-2018 regular session. The matrix indicates the status of these measures and any VTA positions with regard to them.

DISCUSSION:

The purpose of this report is to provide an update on recent developments concerning important transportation-related issues facing lawmakers in Sacramento.

Transportation Funding: 2017 marks the third consecutive year that the Legislature will grapple with how to increase state funding for transportation. After Gov. Jerry Brown and legislative leaders released a joint letter in November 2016 announcing their commitment to address the subject this year, Senate Transportation & Housing Committee Chairman Jim Beall (D-San Jose) and Assembly Transportation Committee Chairman Jim Frazier (D-Oakley) wasted no time in introducing two new transportation funding measures when the 2017-2018 legislative session convened on December 5, 2016. Those bills are SB 1 and AB 1, respectively. Gov. Brown then proposed his own plan as part of his recommended FY 2018 budget, which he submitted to the Legislature on January 10, 2017.

SB 1, AB 1 and the Governor’s plan all seek to generate new, ongoing revenues through various tax and fee increases to support two major transportation initiatives: (1) state highway and local roadway maintenance and rehabilitation; and (2) trade corridor improvements. However, the tax and fee increases that are being proposed differ, as follows:

6.8

SB 1 AB 1 Governor’s Plan

Gas Tax Increase 12 cents 12 cents None Diesel Tax Increase 20 cents 20 cents 11 cents Road Improvement Charge None None $65 Vehicle Registration Fee $38 $38 None ZEV Registration Fee $100 $165 None

All three proposals call for accelerating the repayment of approximately $706 million in prior- year loans made to the General Fund from various transportation accounts, but would distribute this one-time funding in different ways. SB 1 and AB 1 would expend these revenues on maintenance and rehabilitation work on both the state highway and local roadway systems. The funds would be split evenly between Caltrans and cities/counties. Conversely, Gov. Brown’s plan would use the loan repayments for the following purposes: (1) trade corridors ($323 million); (2) the Transit and Intercity Rail Capital Program ($236 million); (3) state highway maintenance and rehabilitation ($127 million); and climate change adaptation planning grants to local and regional agencies ($20 million).

All three proposals tap into cap-and-trade auction proceeds for additional ongoing investments in transportation, but in different ways. SB 1 and AB 1 call for increasing the percentage of cap- and-trade auction proceeds that would be continuously appropriated to the Transit and Intercity Rail Capital Program from 10 percent to 20 percent, and to the Low Carbon Transit Operations Program from 5 percent to 10 percent. Meanwhile, Gov. Brown is proposing to allocate an additional $500 million in cap-and-trade auction proceeds per year for transportation purposes, with $400 million going to the Transit and Intercity Rail Capital Program, and $100 million to the Active Transportation Program. However, unlike the approach in SB 1 and AB 1, this additional $500 million would require the Legislature to take action every year to appropriate the funds through the Budget Act.

Both SB 1 and AB 1 recapture a portion of vehicle weight fee revenues for transportation. Currently, these revenues, which amount to approximately $1 billion a year, are being transferred from the State Highway Account to the General Fund to pay debt service for general obligation bonds that have been issued for transportation purposes. SB 1 gradually reduces the percentage of vehicle weight fee revenues that would be transferred to the General Fund over a five-year period. Under the provisions of this bill, by FY 2022, only 50 percent of the total amount of vehicle weight fee revenues generated per year would go to the General Fund. The other 50 percent would stay in the State Highway Account and be used for transportation. AB 1, on the other hand, gradually limits the annual dollar amount of the vehicle weight fee transfer for FY 2018 through FY 2022, so that by FY 2022, only $500 million per year would go to the General Fund. Unlike the two legislative proposals, the Governor’s plan does not touch vehicle weight fee revenues because of his concerns about the impact to the General Fund.

Both SB 1 and AB 1 call for increasing the diesel sales tax rate to provide additional funding for public transit, while Gov. Brown’s plan does not. SB 1 would impose a new diesel sales tax rate of 4 percent, with the revenues generated from a rate of 3.5 percent going to the State Transit Assistance Program (STA). Under the provisions of SB 1, the money derived from a new rate of

Page 2 of 5 6.8

0.5 percent would be distributed to intercity and commuter rail projects. Conversely, the new rate imposed by AB 1 would be 3.5 percent, with all of the money flowing to STA.

In addition to generating new revenues for transportation purposes, all three plans would:

 Address the volatility of the variable portion of the state’s gasoline excise tax by ending the Board of Equalization’s annual adjustments and, instead, converting the variable rate to a fixed rate. In the case of SB 1 and AB 1, the variable rate would be fixed at 17.3 cents per gallon, and the revenues would continue to distributed according to existing law: (1) 44 percent to the State Transportation Improvement Program (STIP): (2) 44 percent for local streets/roads; and (3) 12 percent for the State Highway Operation and Protection Program (SHOPP). In the case of the Governor’s plan, the rate would be fixed at 21.5 cents per gallon, with the revenues from 18 cents being distributed according to current law, and from 3.5 cents going for state highway and local roadway maintenance and rehabilitation, and trade corridor improvements.

 End the erosion of the purchasing power of the gasoline and diesel excise taxes by indexing them to inflation. Indexing would occur annually under Gov. Brown’s plan, and every three years under SB 1 and AB 1.

 Push Caltrans to become more efficient. In his plan, the Governor is assuming that improving the efficiency of Caltrans would result in $100 million in annual savings, which could be reinvested in capital projects. Both SB 1 and AB 1 include provisions that require Caltrans, on an annual basis, to identify saving achieve through efficiencies implemented by the department, and require these savings, up to a maximum of $70 million per year, to be allocated to the Active Transportation Program.

All in all, Gov. Brown’s transportation funding plan is the most conservative of the three. Because it calls for smaller tax and fee increases, it would raise less money -- $4.3 billion annually versus $6 billion per year under SB 1 and AB 1.

Cap-and-Trade: The future of the state’s cap-and-trade allowance auctions may hinge on the outcome of a long-standing lawsuit that was first filed by the California Chamber of Commerce in 2012. This lawsuit contends that the current auction system amounts to an illegal tax. That claim was rejected by a trial court judge, and the matter was heard by the 3rd District Court of Appeals on January 24, 2017. A decision from the appellate court is expected within 90 days (prior to April 24, 2017), though it is likely that the losing side will appeal the case to the state Supreme Court.

Meanwhile, Gov. Brown, in his FY 2018 budget, recommended that the Legislature, by a two- thirds vote, pass a bill to provide the California Air Resources Board (CARB) with the statutory authority to administer cap-and-trade allowance auctions beyond December 31, 2020. This proposal is meant to address the current volatility in auction revenues, which many speculate is resulting from both the legal uncertainty as to whether cap-and-trade can continue to exist beyond 2020, and the California Chamber of Commerce lawsuit. If the Legislature is able to approve such a measure by a two-thirds majority, that action would render the lawsuit moot.

Page 3 of 5 6.8

In addition, the Governor’s budget outlines a $2.2 billion expenditure plan for cap-and-trade auction proceeds, which encompasses $1.5 billion in allowance auction revenues assumed to be generated in FY 2018 and about $700 million in unallocated prior-year collections. Consistent with current law, the Governor’s budget notes that 60 percent ($900 million) of the FY 2018 money is already committed and would be continuously appropriated to four programs, as follows:

 Low Carbon Transit Operations Program = $75 million.  Transit and Intercity Rail Capital Program = $150 million.  Affordable Housing and Sustainable Communities Program = $300 million.  High-Speed Rail = $375 million.

These four programs would receive cap-and-trade funding in FY 2018 under any circumstances. However, if CARB’s authority to administer allowance auctions is not extended past 2020, the actual amounts allocated to them could be significantly less than what is assumed in the Governor’s budget because the current volatility being experienced in the cap-and-trade marketplace most likely would continue.

The remaining $1.3 billion in Gov. Brown’s recommended FY 2018 cap-and-trade expenditure plan is proposed to be used for one-time appropriations for a wide range of programs, including low-carbon transportation, recycling, urban green spaces, forestry improvements, agricultural water conservation, energy efficiency upgrades, and weatherization. Of this amount, $363 million would be allocated to CARB to provide incentives for low-carbon freight and passenger transportation, including rebates for zero-emission cars, and vouchers for hybrid and zero- emission trucks. Another $500 million is targeted for the Transit and Intercity Rail Capital Program ($400 million) and the Active Transportation Program ($100 million) pursuant to Gov. Brown’s transportation funding plan. However, the Governor’s budget states that this $1.3 billion in one-time funding would be allocated to these programs only if the Legislature passes a cap-and-trade extension bill by a two-thirds majority.

So far, two cap-and-trade extension bills have been introduced in the Legislature. AB 151 (Burke) is narrowly focused on extending cap-and-trade, while imposing additional reporting requirements on CARB. AB 378 (C. Garcia), on the other hand, not only would extend cap-and- trade, but also would refocus the state’s climate efforts in a way that would place more emphasize on social justice considerations.

Project Delivery: In 2005, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) established the Surface Transportation Project Delivery Pilot Program as a way to expedite the completion of transportation projects without a lessening of environmental protection. Under this program, which was renamed the NEPA Assignment Program in a subsequent federal surface transportation authorization bill, California was designated as one of five states eligible to apply to the U.S. Department of Transportation to assume the responsibilities of the Federal Highway Administration (FHWA) under the National Environmental Policy Act (NEPA). To participate in this program, eligible states were required to accept the financial costs associated with the delegated authority, as well as assume full

Page 4 of 5 6.8

liability for lawsuits filed under NEPA in federal court by waiving, on a limited basis, their sovereign immunity under the Eleventh Amendment of the U.S. Constitution.

In 2006, AB 1039 (Nunez) was enacted into law to provide the necessary statutory authority for Caltrans to participate in the NEPA Assignment Program. Among other things, this bill granted Caltrans a limited waiver of its Eleventh Amendment protection in order to allow the department to be sued in federal court, as well as to defend legal claims brought against NEPA documents. AB 1039 was scheduled to sunset on January 1, 2009, but subsequent bills extended its provisions until January 1, 2017.

With the limited waiver in place, Caltrans entered into a memorandum of understanding with FHWA and began participating in the NEPA Assignment Program on July 1, 2007. Thus, Caltrans assumed the role of lead agency for federal environmental reviews for transportation projects that previously would have gone through FHWA. Since 2007, Caltrans has provided a series of reports to the Legislature showing that the department has been able to realize significant time and cost savings for transportation projects as a result of its participation in the NEPA Assignment Program.

The two bills that were introduced last year as part of the special legislative session on transportation funding -- SBX1-1 (Beall) and ABX1-26 (Frazier) -- included language to eliminate the January 1, 2017, sunset date for Caltrans’ limited waiver of sovereign immunity. However, the special session ended on November 30, 2016, without the Legislature passing either measure. As a result, Caltrans is no longer authorized to approve NEPA documents, and the department is in the process of transferring this responsibility back to FHWA. For a number of reasons, this situation will likely increase environmental document processing times for California transportation projects. In fact, FHWA has indicated that it does not have the resources to re-assume the responsibility for NEPA approvals from Caltrans, and is not in a position to bring on any additional staff because of the hiring freeze that President Donald Trump has imposed on all federal agencies and departments.

AB 28 would solve this problem by re-authorizing Caltrans to consent to the jurisdiction of the federal courts with regard to NEPA lawsuits until January 1, 2020, thereby opening the door for the department to continue to participate in the NEPA Assignment Program for another three years.

Prepared By: Kurt Evans, Government Affairs Manager Memo No. 5882

Page 5 of 5 6.8.a LEGISLATIVE UPDATE MATRIX

2015 1B 2017 State Legislative Session

March2B 10, 2017

2017 Regular Session Calendar

DAY JANUARY4B DAY JUNE8B 1 Statutes signed into law in 2016 take effect. 2 Last day for bills to be passed out of their house of origin. 4 Legislature reconvenes. 15 Budget must be passed by midnight. 10 Budget must be submitted by the Governor to the Legislature on or before this date. 14B DAY JULY9B 20 Last day to submit bill requests to the Legislative Counsel’s Office. 14 Last day for policy committees to hear and report fiscal bills introduced in the other house.

DAY 5B FEBRUARY 21 Last day for policy committees to hear and report non-fiscal bills introduced 17 Last day for new bills to be introduced. in the other house. Summer Recess begins upon adjournment, provided that the Budget Bill has been enacted. DAY MARCH

None. DAY AUGUST10B 21 Legislature reconvenes from Summer Recess. DAY APRIL6B

6 Spring Recess begins upon adjournment. DAY SEPTEMBER11B 17 Legislature reconvenes from Spring Recess. 1 Last day for fiscal committees to hear and report to the floor bills introduced in the other house. 28 Last day for policy committees to hear and report fiscal bills introduced in their house of origin. 8 Last day to amend bills on the Assembly and Senate floors. 15 Last day for each house to pass bills. Interim Recess begins at the end of

DAY MAY7B this day’s session.

12 Last day for policy committees to hear and report to the floor non-fiscal bills

introduced in their house of origin. DAY OCTOBER12B 26 Last day for fiscal committees to hear and report to the floor bills introduced 15 Last day for the Governor to sign or veto bills passed by the Legislature in their house of origin. before September 15, and in his possession on or after September 15.

2017-2018 Legislative Update Matrix

6.8.a

State Assembly Bills

State Assembly Subject Last Status VTA Bills Amended Position AB 1 Creates the Road Maintenance and Rehabilitation Account to be funded from the following As Assembly Support (Frazier) sources: (1) an increase in the gasoline excise tax of 12 cents per gallon, which would be indexed Introduced Transportation Transportation to inflation every three years; (2) a registration surcharge of $38 per year imposed on all motor Committee Funding vehicles, which would be indexed to inflation every three years; (3) a registration surcharge of $165 per year imposed on zero-emission vehicles starting with the second year of ownership, which would be indexed to inflation every three years; and (4) revenues obtained by Caltrans through the rental or sale of property, the sale of documents, and charges for other miscellaneous services provided to the public. Distributes the revenues deposited into the Road Maintenance and Rehabilitation Account in the following manner: (1) $200 million per year would be taken off the top for allocation to local jurisdictions that have sought and gained voter approval of a local transportation special tax, or that have imposed uniform developer or other fees solely for transportation improvements; (b) $80 million per year would be taken off the top and distributed to the Active Transportation Program; (c) for FY 2018 through FY 2021, $30 million per year would be taken off the top to be used to fund the implementation of advance environmental mitigation plans for future transportation projects; (4) $2 million per year would be taken off the top and distributed to the California State University to conduct transportation research, and transportation- related workforce education, training and development; (5) $3 million would be taken off the top and distributed to the University of California for institutes of transportation studies; (6) 50 percent of the amount remaining after the aforementioned set-asides would be allocated to Caltrans for maintenance of the state highway system, and for projects programmed in the State Highway Operation and Protection Program (SHOPP); and (6) 50 percent of the amount remaining after the aforementioned set-asides would be provided to cities and counties for their local roadway systems. Provides new funding for public transit through the following sources: (1) an increase in the diesel sales tax by a rate of 3.5 percent for the State Transit Assistance Program (STA); (2) an increase in the percentage of cap-and-trade auction proceeds continuously appropriated to the Transit and Intercity Rail Capital Program from 10 percent to 20 percent; and (3) an increase in the percentage of cap-and-trade auction proceeds continuously appropriated to the Low Carbon Transit Operations Program from 5 percent to 10 percent. Increases the diesel excise tax by 20 cents per gallon, which would be indexed to inflation every three years, and deposits these revenues into the Trade Corridors Improvement Fund for goods movement projects programmed by the California Transportation Commission (CTC). Requires revenues apportioned to California from the formula- based National Highway Freight Program to be deposited into the Trade Corridors Improvement Fund. Converts the variable gas tax to a fixed rate of 17.3 cents per gallon, which would be indexed to inflation every three years. Requires the repayment of approximately $700 million in outstanding loans owed by the General Fund to various transportation accounts over a two-year period ending June 30, 2018. Distributes these one-time revenues in the following manner: (1) 50 percent to Caltrans for maintenance of the state highway system, and for SHOPP projects; and (2) 50 percent to cities and counties for their local roadway systems. Recaptures $500 million of the annual amount of vehicle weight fee revenues for the State Highway Account over a five-year period ending June 30, 2022. 2017-2018 Legislative Update Matrix

6.8.a State Assembly Subject Last Status VTA Bills Amended Position AB 12 By January 1, 2020, requires each state agency to do all of the following: (1) review all provisions As Assembly (Cooley) of the California Code of Regulations adopted by that agency; (2) identify any regulations that are Introduced Accountability State Agency duplicative, overlapping, inconsistent, or out of date; and (3) adopt, amend or repeal regulations to & Regulations reconcile or eliminate any duplication, overlap, inconsistencies, or out-of-date provisions. By Administrative January 1, 2020, requires each state agency, if applicable, to notify a department, board or other Review unit within that agency of any existing regulation adopted by that department, board or other unit Committee that the agency has determined may be duplicative, overlapping or inconsistent with a regulation adopted by another department, board or other unit within that agency. Requires the department, board or other unit to notify the agency of revisions to regulations that it proposes to make to address any duplication, overlap or inconsistencies. AB 17 Creates the Transit Pass Program to support local programs that provide free or reduced-fare public As Assembly (Holden) transit passes to any of the following: (1) pupils attending public middle schools or high schools Introduced Transportation Transit Pass Program that are eligible for funding under Title 1 of the federal No Child Left Behind Act of 2001; (2) Committee students attending a California community college who qualify for a waiver of student fees pursuant to the Education Code; or (3) a student who attends a campus of the California State University or the University of California, and who receives an award under the Cal Grant Program, the federal Pell Grant Program, or both. Requires Caltrans to administer this program. Provides that the Transit Pass Program is to be funded from money made available for this purpose through appropriations by the Legislature. Requires Caltrans to develop guidelines describing the criteria that eligible transit providers shall use to make available free or reduced-fare transit passes to eligible participants. Defines “eligible transit provider” to mean a transportation agency, transportation planning agency or county transportation commission that is eligible to receive State Transit Assistance Program (STA) funding. Defines “eligible participants” to mean a public agency, including a transit operator, school district, community college district, the California State University, or the University of California. Requires Caltrans to develop performance measures and reporting requirements to evaluate the effectiveness of the Transit Pass Program, including an annual update of the number of free or reduced-fare transit passes distributed to students and whether the program is increasing transit ridership among students. Requires funds allocated to the Transit Pass Program to be expended to provide low- or no-cost transit passes to students through programs that support new or existing transit pass programs. Allows a an eligible transit provider to give priority to an application from an eligible participant with an existing, successful transit pass program, provided that the eligible participant can demonstrate that the additional funds will further reduce the cost of the transit pass or expand program eligibility. Requires each eligible transit provider to receive $20,000 from the Transit Pass Program. After the initial $20,000 amount is allocated, requires the remaining program funds to be distributed according to the STA formula. Requires any funds allocated during a fiscal year, but not distributed, to be added to the allocation for the following fiscal year.

2017-2018 Legislative Update Matrix

6.8.a State Assembly Subject Last Status VTA Bills Amended Position AB 28 Reinstates the statutory authorization for Caltrans to participate in a federal program that allows 3/2/17 Senate Support (Frazier) states to assume the responsibilities of the Federal Highway Administration (FHWA) under the Appropriations Federal Environmental National Environmental Policy Act (NEPA). In addition, reinstates provisions that authorize Committee Review Process Caltrans to consent to the jurisdiction of the federal courts with regard to the assumption of FHWA’s responsibilities under NEPA and that waive the state’s Eleventh Amendment protection against NEPA-related lawsuits brought in federal court. Repeals the provisions of the bill on January 1, 2020. AB 33 States the intent of the Legislature to enact a bill to reduce net emissions from greenhouse gases As Assembly Desk (Quirk) from transportation by imposing fees and granting rebates on sales of new automobiles and light- Introduced Fees and Rebates on duty trucks. New Vehicle Purchases AB 65 Prohibits money in the Transportation Debt Service Fund from being used to pay debt service for As Assembly (Patterson) bonds issued pursuant to the Safe, Reliable high-Speed Passenger Train Bond Act for the 21st Introduced Transportation High-Speed Rail Bond Century (Proposition 1A). Committee Debt Service AB 66 Requires the business plan prepared by the California High-Speed Rail Authority to identify As Assembly (Patterson) projected financing costs for each segment or combination of segments of the high-speed rail Introduced Transportation California High-Speed system for which financing is proposed by the authority. In the business plan and in other reports Committee Rail Authority: that High-Speed Rail Authority is required to prepare, specifies that the authority shall call out any Reporting significant changes in scope for segments of the high-speed rail system identified in the previous Requirements version of the report, and provide an explanation of adjustments in cost and schedule attributable to the changes. AB 77 Requires the Office of Administrative Law to submit each major regulation to both the Assembly 2/7/17 Assembly (Fong) and Senate for review. Provides that a regulation shall not become effective if the Legislature Accountability Regulations: enacts a statute to override it. & Legislative Review Administrative Review Committee AB 87 Requires the Department of Motor Vehicles (DMV) to revoke the registration of an autonomous As Assembly (Ting) vehicle that is being operated on public streets or roads in violation of current state law. Authorizes Introduced Transportation Autonomous Vehicles a peace officer to cause the removal and seizure of an autonomous vehicle operating on public Committee streets or roads with a registration that has been revoked by the DMV. Authorizes the DMV to impose a penalty of up to $25,000 per day that an autonomous vehicle is operated on public streets roads in violation of current state law.

2017-2018 Legislative Update Matrix

6.8.a State Assembly Subject Last Status VTA Bills Amended Position AB 91 Beginning July 1, 2018, prohibits a high-occupancy vehicle (HOV) lane from being established in As Assembly (Cervantes) Riverside County, unless the lane is established as an HOV lane only during the hours of heavy Introduced Transportation HOV Lanes: commuter traffic, as determined by Caltrans. Requires any existing HOV lane in Riverside County Committee Riverside County that is not a toll lane to be modified to operate as an HOV lane under those same conditions. On or after May 1, 2019, authorizes Caltrans to reinstate 24-hour HOV lanes in Riverside County if the department determines that there is an adverse impact on safety, traffic conditions or the environment by limiting the use of HOV lanes during hours of heavy commuter traffic. Before reinstating 24-hour HOV lanes in Riverside County, requires Caltrans to notify the Assembly Transportation Committee, and the Senate Transportation & Housing Committee. AB 92 Extends the sunset date from January 1, 2018, to January 1, 2023, for provisions in current law that As Assembly (Bonta) authorize the retention proceeds withheld from any payment by a public entity from the original Introduced Accountability Public Contracts: contractor, by the original contractor from any subcontractor, and by a subcontractor from any & Retention Proceeds other subcontractor to exceed 5 percent if: (1) a finding is made prior to contract bid that the Administrative project is substantially complex and requires a higher retention; and (2) this finding and the actual Review retention amount is included in the bid documents. Committee AB 151 Declares the intent of the Legislature to enact a bill to authorize the California Air Resources Board 3/2/17 Assembly Desk (Burke) (CARB) to utilize a market-based compliance mechanism after December 31, 2020, in order to help Cap-and-Trade California achieve the statewide greenhouse gas emissions limit of at least 40 percent below the Extension 1990 level by 2030. AB 161 Authorizes the Department of Finance to identify infrastructure projects in the state for which the As Assembly Public (Levine) department will guarantee a rate of return for an investment made in that infrastructure project by Introduced Employees, CalPERS: the Public Employees’ Retirement System (CalPERS). Creates the Reinvesting in California Retirement & Infrastructure Special Fund as a continuously appropriated fund. Requires money in the fund to be used to pay Social Security Investments the rate of return on investments made in infrastructure projects. States the intent of the Legislature Committee to identify special fund dollars to be transferred to the Reinvesting in California Special Fund. AB 174 Requires at least one voting member of the California Transportation Commission (CTC) to reside As Assembly (Bigelow) in a rural county with a population of less than 100,000 people. Introduced Transportation California Committee Transportation Commission: Rural County Representation

2017-2018 Legislative Update Matrix

6.8.a State Assembly Subject Last Status VTA Bills Amended Position AB 179 Requires seven of the voting members of the California Transportation Commission (CTC) to have 2/14/17 Assembly (Cervantes) the following qualifications: (1) two members shall have worked directly with those communities Transportation California in the state that are most significantly burdened by, and vulnerable to, high levels of pollution, Committee Transportation including those communities with racially and ethnically diverse populations or with low-income Commission: Member populations; (2) one member shall have training and experience in sustainable transportation that Qualifications includes addressing bicycle and pedestrian safety issues; (3) one member shall have training and experience in sustainable transportation that includes addressing public transit issues; (4) one member shall have training and experience in, or be an authority on, the public health effects of transportation; (5) one member shall have training and experience in, or be an authority on, climate change mitigation, including the role of transportation projects on that mitigation; and (6) one member shall have training and experience in, or be an authority on, climate change mitigation, including the role of transportation projects with regard to such mitigation. Requires the CTC to create an Environmental Justice Advisory Committee to advise the commission in its allocation and programming of transportation funding, and any other pertinent transportation policy matters. Requires this advisory committee to be comprised of at least five members. Requires each member of the advisory committee to represent a community disproportionately burdened by, and vulnerable to, high levels of pollution and other environmental justice issues, including communities with diverse racial and ethnic populations or with low-income populations. Requires the CTC to appoint only individuals nominated by environmental justice organizations and community groups to the advisory committee. Requires the CTC and the California Air Resources Board (CARB) to hold at least two joint meetings per calendar year to coordinate their implementation of transportation policies. AB 195 If a ballot measure proposed by a local governing body calls for imposing a tax or raising the rate As Assembly (Obernolte) of a current tax, requires the ballot to include in the statement of the measure to be voted on the Introduced Elections & Local Government amount of money to be raised annually, and the rate and duration of the tax to be levied. Redistricting Ballot Measures Committee AB 278 Exempts from the California Environmental Quality Act (CEQA) a project that consists of the As Assembly (Steinorth) inspection, maintenance, repair, rehabilitation, replacement, or removal of existing transportation Introduced Natural CEQA Exemption for infrastructure, including highways, roadways, bridges, tunnels, culverts, public transit systems, Resources Certain Transportation bikeways, paths and sidewalks serving bicycles or pedestrians, and the addition of auxiliary lanes Committee Projects or bikeways to existing transportation infrastructure, if the project meets all of the following conditions: (1) the project is located within an existing right-of-way; (2) any area surrounding the right-of-way that is to be altered as a result of construction activities that are necessary for the completion of the project will be restored to its condition before the project; and (3) the project does not add additional motor vehicle lanes, except auxiliary lanes.

AB 330 Requires the fund estimate for the State Transportation Improvement Program (STIP) prepared by As Assembly (Cooley) Caltrans and the California Transportation Commission (CTC) to identify and include federal funds Introduced Transportation FAST Act derived from apportionments made to the state under the Fixing America’s Surface Transportation Committee (FAST) Act. Conforms state law related to driving under the influence of alcohol to federal law in order to allow California to be eligible to receive certain federal grant funding under the FAST Act.

2017-2018 Legislative Update Matrix

6.8.a State Assembly Subject Last Status VTA Bills Amended Position AB 342 Authorizes the city of San Jose and the city/county of to implement a five-year pilot As Assembly Support (Chiu) program utilizing an automated speed enforcement (ASE) system for speed limit enforcement on Introduced Transportation Automated Speed streets or portions of streets that: (1) have a speed limit of 50 miles per hour or less; and (2) have Committee Enforcement: San had three or more speed-related fatal, severe or other visible injury collisions occur within a one- Jose and San Francisco half mile distance of each other over a five-year period based on the most recent available local or Five-Year Pilot state collision data. Requires the ASE system to be activated no later than January 1, 2019, and to Program be operated for no longer than five years. Requires the ASE system to meet all of the following: (1) is operated in cooperation with a law enforcement agency; (2) clearly identifies the presence of the fixed or mobile ASE system by signs stating “Photo Enforced” along with the posted speed limit; (3) identifies vehicles containing a mobile ASE system with distinctive markings; (4) identifies the streets or portions of the streets that have been approved for enforcement using an ASE system and the hours of enforcement on the municipality’s Internet Web site; (5) utilizes trained peace officers or other trained designated municipal employees to oversee the operation of the ASE system and maintain control over enforcement activities; and (6) ensures that the ASE system is regularly inspected, and certifies that the system is installed and operated properly. Prior to enforcing speed limits using an ASE system, requires the city of San Jose and the city/county of San Francisco to do both of the following: (1) administer a public information campaign for at least 30 calendar days prior to the initial commencement of the use of the system; and (2) issue warning notices rather than notices of violation for the first violations detected by the ASE system during the first 90 calendars days of enforcement. Requires the governing body of the city of San Jose and the city/county of San Francisco to adopt an ASE System Use Policy to include all of the following: (1) specific purposes for the ASE system, the uses that are authorized, the rules and processes required prior to that use, and the uses that are prohibited; (2) the data or information that can be collected by the ASE system, the individuals who can access or use the collected information, and the rules and processes related to the access or use of the information; and (3) provisions for protecting data from unauthorized access, data retention, public access, third-party data sharing, training, auditing, and oversight to ensure compliance with the policy. Requires the governing body of the city of San Jose and the city/county of San Francisco to approve an ASE System Impact Report to include all of the following: (1) description of the ASE system and how it works; (2) proposed purpose of the ASE system; (3) locations where the ASE system may be deployed, and traffic data for those locations; (4) assessment of the potential impact of the ASE system on civil liberties and civil rights, and any plans to safeguard those public rights; and (5) fiscal costs associated with the ASE system. Requires the city of San Jose and the city/county of San Francisco to develop uniform guidelines that must be approved by the local law enforcement agency for both of the following: (1) the screening and issuing of notices of violations; and (2) the processing and storage of confidential information, and procedures to ensure compliance with confidentiality requirements. Specifies that a speed violation recorded by the ASE system shall be subject only to a civil penalty, the total amount of which cannot exceed $100. AB 344 Specifies that a person contesting a notice of a toll evasion violation or a notice of a delinquent toll As Assembly (Melendez) evasion violation shall not be required to pay the penalty until after it is found that the person Introduced Transportation Toll Evasion committed the violation. Committee Violations

2017-2018 Legislative Update Matrix

6.8.a State Assembly Subject Last Status VTA Bills Amended Position AB 351 Requires loans of revenues to the General Fund from the State Highway Account, the Public As Assembly (Melendez) Transportation Account (PTA), the Bicycle Transportation Account, the Motor Vehicle Fuel Introduced Transportation Transportation Account, the Highway Users Tax Account (HUTA), the Pedestrian Safety Account, the Committee Funding: Loan Transportation Investment Fund, the Traffic Congestion Relief Fund (TCRF), the Motor Vehicle Repayments, Vehicle Account, and the Local Airport Loan Account to be repaid by December 31, 2018, to the account or Weight Fees and Non- fund from which the loan was made. Specifies that this requirement applies to all loans that Article 19 otherwise have a repayment date of January 1, 2019, or later. Eliminates the annual transfer of Transportation vehicle weight fee revenues from the State Highway Account to the General Fund for payment of Revenues debt service for general obligation bonds issued for transportation purposes and, instead, retains these revenues in the State Highway Account. Deletes provisions in current law relating to the reimbursement of the State Highway Account with gasoline excise tax revenues for vehicle weight fee revenues transferred to the General Fund and, instead, allows these gasoline excise tax revenues to be allocated in the following manner: (1) 44 percent to the State Transportation Improvement Program (STIP); (2) 44 to cities and counties for local streets/roads; and (3) 44 percent to the State Highway Operation and Protection Program (SHOPP). Eliminates the annual transfer of so-called Non-Article 19 revenues obtained by Caltrans through the rental or sale of property, the sale of documents, and charges for other miscellaneous services provided to the public to the General Fund, and, instead, retains these revenues in the State Highway Account for transportation purposes. AB 378 Authorizes the California Air Resources Board (CARB) to adopt or subsequently revise new As Assembly (C. Garcia) regulations that establish a market-based compliance mechanism, applicable from January 1, 2021, Introduced Natural Greenhouse Gas to December 31, 2030, to complement direct emissions reduction measures in ensuring that Resources Emissions Reductions statewide greenhouse gas emissions are reduced to at least 40 percent below the 1990 level by Committee 2030. Requires CARB, in ensuring that statewide greenhouse gas emissions are reduced to at least 40 percent below the 1990 level by 2030, to adopt the most effective and equitable mix of emissions reduction measures, and to ensure that such measures collectively and individually support achieving air quality and other environmental and public health goals. AB 382 Deletes provisions in current law requiring $833,000 per month to be transferred from the Off- As Assembly (Voepel) Highway Vehicle Trust Fund to the General Fund and, instead, retains these revenues in the trust Introduced Transportation Off-Highway Vehicle fund for off-highway motor vehicle recreation purposes. Committee Trust Fund

2017-2018 Legislative Update Matrix

6.8.a State Assembly Subject Last Status VTA Bills Amended Position AB 398 Requires the annual report submitted by the Department of Finance to the Legislature regarding the As Assembly (E. Garcia) status of projects funded with cap-and-trade auction proceeds from the Greenhouse Gas Reduction Introduced Natural Greenhouse Gas Fund to include, at a minimum, all of the following: (1) the greenhouse gas emissions reductions Resources Reduction Fund: attributable to each project; (2) the environmental and public health benefits, as applicable, Committee Department of Finance attributable to each project; (3) actions and outcomes from those actions taken to assist residents of Report disadvantaged communities and other target populations with the business, employment and training opportunities offered through activities funded in whole or in part with money from the fund; (4) the geographic location, industry sector and number of employees of the business entities receiving money from the fund; (5) the number of jobs created, including wage levels, by the business entities receiving money from the fund; and (6) the amount of other public or private money leveraged with investments from the fund. Requires state agencies expending cap-and-trade auction proceeds from the Greenhouse Gas Reduction Fund to condition the acceptance of the money on the recipient providing the information necessary to meet the reporting requirements of this bill. Defines “targeted populations” to mean communities and groups of individuals experiencing high levels of unemployment or poverty. AB 408 Changes the standards by which courts decide whether to award litigation expenses in eminent As Assembly (Chen) domain actions. Provides that if a court finds, on motion of the defendant, that the offer of the Introduced Judiciary Eminent Domain: plaintiff was lower than 90 percent of the compensation awarded in the proceeding, then the court Committee Final Offer of would be required to include the defendant’s litigation expenses in the costs allowed. Provides that Compensation if the court finds that the offer of the plaintiff was at least 90 percent and less than 100 percent of the compensation awarded in the proceeding, then the court may include the defendant’s litigation expenses in the costs allowed. AB 467 Exempts a local transportation authority from including the entire adopted expenditure plan for a As Assembly Local (Mullin) retail transactions and use tax in the voter information handbook if: (1) the authority posts the plan Introduced Government Local Transportation on its Internet Web site; and (2) the sample ballot and voter information handbook sent to voters Committee Authorities: include information on viewing an electronic version of the plan on the authority’s Internet Web Expenditure Plans site and on obtaining a printed copy of the plan by calling the county election office. Requires the local transportation authority to provide sufficient copies of the plan to the county election office for mailing to each person requesting a printed copy. AB 468 Declares the intent of the Legislature to enact a bill establishing the crime of assault against a As Assembly Desk (Santiago) public transit operator while a transit vehicle is in motion. Introduced Assaults Committed Against Public Transit Operators

2017-2018 Legislative Update Matrix

6.8.a State Assembly Subject Last Status VTA Bills Amended Position AB 515 Requires Caltrans to prepare a State Highway System Management Plan consisting of the existing As Assembly (Frazier) 10-year rehabilitation plan that forms the basis of the State Highway Operation and Protection Introduced Transportation State Highway System Program (SHOPP), and a five-year maintenance plan addressing the maintenance needs of the state Committee Management Plan highway system. Requires the maintenance plan to include only maintenance activities that, if not performed, could result in increased SHOPP costs in the future. In addition, requires the maintenance plan to identify any existing backlog in those maintenance activities, and to recommend a strategy, specific activities and an associated funding level to reduce or prevent any backlog during the plan’s five-year period. Requires the State Highway System Management Plan to do all of the following: (1) include specific milestones, as well as quantifiable accomplishments, goals, objectives, and performance measures consistent with Caltrans’ Assets Management Plan; (2) contain strategies to control costs and improve the efficiency of the SHOPP; and (3) attempt to balance resources between the SHOPP and maintenance activities in order to achieve identified milestones and goals at the lowest possible long-term total cost. Requires the State Highway Management Plan to be updated every two years. AB 536 If compliance with a state law would result in a county losing federal funding, authorizes the As Assembly Desk (Melendez) county to elect to not comply with that law to the extent that compliance jeopardizes its federal Introduced Counties: Federal funding. Funding AB 673 Before placing a new bus into revenue service, requires a public transit agency to take into As Assembly (Chu) consideration the recommendations of, and the best practice standards developed by, the exclusive Introduced Transportation Public Transit representative of the recognized organization representing the agency’s operators for the purpose of Committee Operators: Vehicle protecting operators from the risk of assaults and removing blind spots. Before placing a new bus Safety Requirements into revenue service, requires a public transit agency to ensure that the bus is equipped, at a minimum, with all of the following: (1) transparent, glare-free, accessible partition enclosures around the bus operator seating area capable of withstanding gun fire; (2) a door or window at least the same size as a passenger emergency window to the left of the bus operator seating area that allows for safe and rapid emergency egress from the vehicle; (3) a mechanism that allows for a direct connection to local law enforcement, such as a panic button; (4) low-mounted, reasonably sized, left-side mirrors, as well as reasonably sized “A” pillars, that allow the bus operator, regardless of size, to adequately view pedestrians crossing in front of the bus; and (5) an overall bus operator seating area that eliminates blind spots to the greatest extent feasible. Specifies that these standards shall be implemented only to the extent that they comply with Federal Motor Vehicle Safety Standards.

2017-2018 Legislative Update Matrix

6.8.a State Assembly Subject Last Status VTA Bills Amended Position AB 697 Exempts a private ambulance from any requirement to pay a toll or other charge on a vehicular As Assembly (Fong) crossing, toll highway or high-occupancy toll (HOT) lane, if the following conditions are met: (1) Introduced Transportation Toll Facilities: the private ambulance is properly displaying a valid California license plate, and is properly Committee Privately Owned identified or marked as a private ambulance; (2) the private ambulance is being driven while Emergency responding to or returning from an urgent or emergency call, engaged in an urgent or emergency Ambulances response, or engaging in a fire station coverage assignment directly related to an emergency response; and (3) the driver of the private ambulance determines that the use of the toll facility shall likely improve the availability or response and arrival time of the authorized emergency vehicle and its delivery of essential public safety services. AB 730 Eliminates the January 1, 2018, sunset date and makes permanent provisions in current law that As Assembly Public (Quirk) authorize the Bay Area Rapid Transit District (BART) to issue a prohibition order to any person Introduced Safety BART: Prohibition cited for committing certain acts on BART vehicles or at BART’s transit facilities, under which the Committee Orders person would be prohibited from entering the property, facilities or vehicles of BART for a specified period of time. AB 733 Allows an enhanced infrastructure financing district to finance projects that incentivize adapting to As Assembly Local (Berman) the impacts of climate change, including extreme weather events, sea level rise, flooding, heat Introduced Government Enhanced waves, wildfires, and drought. Committee Infrastructure Financing Districts: Climate Change Projects AB 765 Requires the election for a county, municipal or special district initiative measure that qualifies for As Assembly (Low) the ballot to be the next statewide election or the jurisdiction’s next regular election, as applicable, Introduced Elections & Local Initiative unless the governing body of the county, city or special district calls a special election. Redistricting Measures Committee AB 943 Provides that a proposed ordinance submitted by a city to the voters that would curb, delay or deter As Assembly Local (Santiago) growth or development within that city shall be enacted only if approved by at least two-thirds of Introduced Government Land-Use Ordinances the votes cast on the ordinance at the election. Committee AB 965 In an action against Caltrans for injury, specifies that the amount of non-economic damages shall As Assembly (Kiley) not exceed $250,000 per individual or $500,000 per occurrence. In an action against Caltrans for Introduced Transportation Caltrans: Civil personal injury, property damage or wrongful death based upon the principles of comparative fault, Committee Liability specifies that the liability of the department for economic damages shall be several only and shall not be joint. Specifies that Caltrans shall be liable only for the amount of economic damages allocated to the department in direct proportion to its percentage of fault, and requires a separate judgment to be rendered against the department for that amount. Requires Caltrans to identify savings achieved through the implementation of the bill on an annual basis. From the identified savings, requires Caltrans to propose an appropriation to be included in the annual Budget Act for expenditure on highway maintenance, operation, rehabilitation, and improvement.

2017-2018 Legislative Update Matrix

6.8.a State Assembly Subject Last Status VTA Bills Amended Position AB 980 As part of each project located in a priority area, as defined, requires Caltrans to install a broadband As Assembly (Wood) conduit capable of supporting fiber optic communication cables. Introduced Transportation Caltrans: Broadband Committee AB 1060 Authorizes the Los Angeles County Metropolitan Transportation Authority (LA Metro) to establish As Assembly Desk (Burke) an enhanced infrastructure financing district. Introduced LA Metro: Enhanced Infrastructure Financing District AB 1103 After slowing to a reasonable speed and yielding the right-of-way, allows a person operating a As Assembly Desk (Obernolte) bicycle approaching a stop sign to cautiously make a turn or proceed through the intersection Introduced Bicyclists: Rules of without stopping, unless safety considerations require otherwise. Requires a person operating a the Road bicycle to continuously signal an intention to turn right or left during the last 100 feet traveled before the turn, unless the person’s hand is needed to control or operate the bicycle. AB 1113 Revises and recasts the provisions in current state law governing the State Transit Assistance As Assembly Desk Support (Bloom) Program (STA). Clarifies the definition of STA-eligible transit operator for purposes of allocating Introduced State Transit STA revenue-based funds. Clarifies that only transportation planning agencies can receive direct Assistance Program allocations of STA population-based and revenue-based funds from the Controller’s Office. Requires a transportation planning agency to allocate revenue-based funds only to STA-eligible transit operators within its jurisdiction. Requires the Controller’s Office to compute and publish the revenue-based shares that each STA-eligible transit operator in the state shall receive based on an operator’s qualifying revenues. Defines “qualifying revenues” to mean an STA-eligible transit operator’s fare revenues, including paratransit fare revenues, and other local funds used by the operator in the delivery of public transit service. Excludes the following from the definition of “qualifying revenues”: (1) state and federal operating funds; and (2) all funds used for capital expenditures or depreciation. Specifies that an STA-eligible transit operator’s revenue-based share cannot exceed its total annual operating expenses. Requires the amount of revenue-based funds allocated by the Controller’s Office to a transportation planning agency to be based on the ratio that the total qualifying revenues of all STA-eligible transit operators within the jurisdiction of the transportation planning agency bears to the total qualifying revenues of all STA-eligible transit operators in the state. Requires the amount of revenue-based funds allocated by a transportation planning agency to each STA-eligible transit operators within its jurisdiction to be based on the ratio that an operator’s qualifying revenues bears to the total qualifying revenues of all STA- eligible transit operators within the transportation planning agency’s jurisdiction. AB 1121 Declares the intent of the Legislature to enact a bill to authorize Bay Area voters to approve new, As Assembly Desk (Chiu) dedicated funding for regional ferries. Introduced Bay Area Ferries

2017-2018 Legislative Update Matrix

6.8.a State Assembly Subject Last Status VTA Bills Amended Position AB 1218 Eliminates the January 1, 2018, sunset date and makes permanent the following two exemptions As Assembly Desk (Obernolte) from the requirements of the California Environmental Quality Act (CEQA): (1) a bicycle Introduced CEQA: Bicycle transportation plan prepared for an urbanized area for the restriping of streets/highways, bicycle Transportation Plans parking and storage, signal timing to improve street/highway intersection operations, and related and Projects signage for bicyclists, pedestrians and vehicles; and (2) a project that consists of restriping streets/highways for bicycle lanes in an urbanized area that is consistent with the area’s bicycle transportation plan. AB 1233 Creates the Office of the Transportation Inspector General to ensure that Caltrans, the California As Assembly Desk (Cunningham) High-Speed Rail Authority and all other state agencies expending state transportation funds are Introduced Office of the operating efficiently, effectively, and in compliance with federal and state laws. Requires the Transportation Office of the Transportation Inspector General to review policies, practices and procedures, and to Inspector General conduct audits and investigations of activities involving state transportation funds in consultation with affected state agencies. Requires the duties and responsibilities of the Office of the Transportation Inspector General to include all of the following: (1) examining the operating practices of all state agencies expending state transportation funds to identify fraud and waste, opportunities for efficiencies, and opportunities to improve the data used to determine appropriate project resource allocations; (2) identifying best practices in the delivery of transportation projects, and developing policies or recommending proposed legislation to enable state agencies to adopt these practices; (3) providing objective analysis of, and offering solutions to, concerns raised by the public or generated within agencies involving the state’s transportation infrastructure and project delivery methods; (4) conducting, supervising and coordinating audits and investigations relating to the programs and operations of all state agencies with state-funded transportation projects; (5) recommending policies promoting economy and efficiency in the administration of programs and operations of all state agencies with state-funded transportation projects; and (6) ensuring that the California State Transportation Agency and the Legislature are fully and currently informed concerning fraud, or other serious abuses or deficiencies relating to the expenditure of funds, or the administration of programs and operations. Requires the Office of the Transportation Inspector General to provide a summary of its findings, investigations and audits at least annually to the Governor and Legislature. Requires this summary to include significant problems discovered by the Office of the Transportation Inspector General, and whether its recommendations relating to its investigations and audits have been implemented by the affected agencies. AB 1282 Establishes a Transportation Permitting Task Force consisting of representatives from Caltrans, the As Assembly Desk (Mullin) California Transportation Commission (CTC), state environmental permitting agencies, and other Introduced Transportation transportation planning entities. Requires the task force to develop a process for early engagement Permitting Task Force of all relevant parties in the development of transportation projects to reduce permit processing time, to establish reasonable deadlines for permit approvals, and to provide for greater certainty of permit approval requirements.

2017-2018 Legislative Update Matrix

6.8.a State Assembly Subject Last Status VTA Bills Amended Position AB 1301 Requires the Joint Legislative Committee on Climate Change Policies to do all of the following: As Assembly Desk (Fong) (1) evaluate the actions that California, other states and foreign nations are taking to reduce Introduced Joint Legislative greenhouse gas emissions, and quantify those reductions from those jurisdictions over the prior Committee on Climate year; (2) evaluate the impact that California’s climate policies have had on the price of gasoline, Change Policies electricity and other commodities identified by the joint committee; (3) recommend to the Legislature how to prioritize the allocation of cap-and-trade auction proceeds in the Greenhouse Gas Reduction Fund in order to achieve the greatest reductions of emissions for each dollar spent; and (4) track changes in the cost effectiveness of clean technologies based on the amount of emissions avoided. Requires the California Air Resources Board (CARB) to annually report to the joint committee the greenhouse gas emissions reduction measures identified in the board’s Scoping Plan that are being implemented or considered. AB 1324 Allows a metropolitan planning organization (MPO) that has sales taxing authority under current As Assembly Desk (Gloria) law to levy, expand, increase or extend such a tax in a portion of the MPO’s area of jurisdiction, Introduced Metropolitan Planning rather than in the MPO’s entire area of jurisdiction, provided that the tax is approved by the Organizations: Sales required percentage of voters in that portion of the MPO’s area of jurisdiction who vote on the Taxes measure. Requires the revenues derived from the tax to be used only within that portion of the MPO’s area of jurisdiction. AB 1363 Beginning July 1, 2018, eliminates the annual transfer of so-called Non-Article 19 revenues As Assembly Desk (Baker) obtained by Caltrans through the rental or sale of property, the sale of documents, and charges for Introduced Non-Article 19 other miscellaneous services provided to the public to the General Fund, and, instead, retains these Transportation revenues in the State Highway Account for transportation purposes. Revenues AB 1395 Declares the intent of the Legislature to enact a bill to create a pilot project that consists of As Assembly Desk (Chu) Caltrans’ Division of Maintenance working with a local jurisdiction to effectively address blight on Introduced State Highways: state highway property. Graffiti AB 1418 Declares the intent of the Legislature to enact a bill to ensure and promote the competitiveness of As Assembly Desk (O’Donnell) California’s statewide and local freight transportation systems, including job growth, in a manner Introduced Freight Transportation that is consistent with the goals of the state’s Sustainable Freight Strategy. Systems AB 1421 Requires Caltrans to conduct a study to determine the noise and vibration levels associated with the As Assembly Desk (Dababneh) operation of state-funded intercity passenger rail services that impact residential areas or schools Introduced Intercity Passenger along railroad lines where the department contracts for those services. Rail Services: Noise and Vibration AB 1442 Declares the intent of the Legislature to enact a bill to redirect funds from the Safe, Reliable High- As Assembly Desk (T. Allen) Speed Passenger Train Bond Act for the 21st Century (Proposition 1A) to water projects. Introduced High-Speed Rail: Bond Funding

2017-2018 Legislative Update Matrix

6.8.a State Assembly Subject Last Status VTA Bills Amended Position AB 1489 Provides that a licensed architect is not responsible for damage caused by construction deviating As Assembly Desk (Brough) from a permitted set of plans, specifications, reports, or documents. Introduced Architects Practice Act AB 1509 Requires the Bay Area Rapid Transit District (BART) to maintain its existing commitment of funds As Assembly Desk (Baker) for the acquisition, construction or completion of rapid transit facilities. Following the approval of Introduced BART: Rapid Transit Measure RR at the November 8, 2016, election, prohibits BART from redirecting any existing Facilities funds dedicated for system improvements to cover operating expenses. In any fiscal year in which BART spends Measure RR revenues, requires BART to expend from other revenue sources an amount not less than the annual average of its expenditures on acquisition, construction or completion of rapid transit facilities during FY 2014, FY 2015 and FY 2016. Authorizes the Controller’s Office to perform audits to ensure BART’s compliance with the provisions of this bill. AB 1561 Allows two or more local agencies to establish an authority under the state’s joint powers law for As Assembly Desk (Quirk-Silva) the purpose of financing land port infrastructure. Adds land port infrastructure to the list of eligible Introduced Land Port projects for which an enhanced infrastructure financing district may be established. Infrastructure Financing Act AB 1613 Authorizes the San Mateo County Transit District (SamTrans) to impose a retail transactions and As Assembly Desk (Mullin) use tax that would exceed the 2 percent maximum combined rate for all local option transactions Introduced Retail Transactions and use taxes that could be imposed in San Mateo County if both of the following requirements are and Use Tax: met: (1) the tax is set at a rate of no more than 0.5 percent; and (2) the SamTrans Board of SamTrans Directors adopts the ordinance approving the tax before January 1, 2021. AB 1628 Declares the intent of the Legislature to enact a bill to prohibit the use of independent contractors As Assembly Desk (Grayson) on public works projects. Introduced Public Works Projects: Independent Contractors AB 1630 Adds wildlife movement across transportation infrastructure to the list of subject areas that the As Assembly Desk (Bloom) California Transportation Plan is required to consider. Introduced California Transportation Plan: Wildlife Movement

2017-2018 Legislative Update Matrix

6.8.a State Assembly Subject Last Status VTA Bills Amended Position AB 1640 Beginning January 1, 2020, requires a regional transportation improvement program (RTIP) to As Assembly Desk (E. Garcia) allocate a minimum of 25 percent of available State Transportation Improvement Program (STIP) Introduced Regional funds to projects or programs that provide direct, meaningful and assured benefits to: (1) low- Transportation income individuals who live in certain identified communities; or (2) riders of public transit Improvement service, of which at least 65 percent of its ridership is composed of low-income riders, that Programs connects low-income residents to critical amenities and services. Through an inclusive and transparent public process, and in consultation with the California Air Resources Board (CARB), the Strategic Growth Council and the Department of Public Health, requires Caltrans to adopt guidelines for the allocation of RTIP funds pursuant to the provisions of this bill no later than June 30, 2018. Requires these guidelines to do all of the following: (1) define and map urban and rural low-income communities in California that are disadvantaged with respect to transportation; (2) identify communities that would benefit from the allocation requirements of the bill; and (3) specify criteria for determining whether investments in transportation projects and programs benefit low-income residents of the communities identified by the department. In identifying communities, requires Caltrans to use the following factors: (1) inadequate access to high quality public transit; (2) lack of sidewalks, crossing facilities or bicycle infrastructure; (3) low rates of automobile ownership; (4) proximity to a freeway, major arterial or goods movement corridor; (5) lack of shelters, benches or pedestrian lighting at public transit stops, employment centers, schools, medical facilities, grocery stores, and other community services; (6) risk of physical or economic displacement; and (7) health and air pollution impacts of the transportation system. Requires congestion management agencies (CMAs) and regional transportation planning agencies (RTPAs) to report to Caltrans information regarding the transportation project and program benefits provided to disadvantaged community residents. Upon appropriation by the Legislature, requires Caltrans to provide financial support to low-income residents of disadvantaged communities for all of the following purposes: (1) to assist those residents in engaging in the development of the guidelines for the allocation of RTIP funds; (2) to provide those residents with planning support and other technical assistance in identifying their priorities for local projects and programs that meet their needs by reducing their disadvantage with respect to transportation; and (3) to provide those residents with support in developing and implementing a participatory budget process. AB 1652 Declares the intent of the Legislature to enact a bill to promote access to public transportation. As Assembly Desk (Kalra) Introduced Public Transportation

2017-2018 Legislative Update Matrix

6.8.a State Assembly Subject Last Status VTA Bills Amended Position ACA 4 Calls for placing before the voters an amendment to the California Constitution to allow a city or As Assembly Desk (Aguiar-Curry) county to incur indebtedness in the form of general obligation bonds, if approved by its electorate Introduced Local Government by a 55 percent majority, to fund the construction, reconstruction, rehabilitation, or replacement of Financing: Voter public infrastructure or affordable housing, or the acquisition or lease of real property for those Approval purposes. Creates an exception to the 1 percent limit for property tax assessments if the revenues are being used to pay bonded indebtedness, approved by a 55 percent majority vote, to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure or affordable housing, or the acquisition or lease of real property for those purposes. Allows a local government to impose, extend or increase a special tax, if approved by its electorate by a 55 percent majority, to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure or affordable housing, or the acquisition or lease of real property for those purposes. Defines “public infrastructure” to include projects that provide any of the following: (1) water or protect water quality; (2) sanitary sewer; (3) treatment of wastewater or reduction of pollution from stormwater runoff; (4) protection of property from the impacts of sea level rise; (5) parks; (6) open space and recreation facilities; (7) improvements to public transit, and streets/highways; (8) flood control; (9) broadband expansion in underserved areas; or (10) local hospital construction. ACA 9 Calls for placing before the voters an amendment to the California Constitution to require the As Assembly Desk (Obernolte) annual Budget Act to be passed by the Legislature and enacted as a statute by midnight of June 15 Introduced Budget Trailer Bills of each year. Requires bills that provide for appropriations relating to, or that are necessary to implement, the Budget Act to be passed by the Legislature and enacted as statutes by midnight on June 30 of each year. If the Budget Act or a budget trailer bill is not enacted by the applicable deadline, prohibits the Budget Act or trailer bill from taking effect with a majority vote, thereby requiring it to be passed by a two-thirds vote of the Legislature. If the Budget Act is not enacted by the applicable deadline, prohibits an appropriation for the salary and benefits of members of the Legislature and the Governor from midnight on June 15 until the Budget Act is enacted.

2017-2018 Legislative Update Matrix

6.8.a

State3B Senate Bills

State Senate Bills Subject Last Status VTA Amended Position SB 1 Creates the Road Maintenance and Rehabilitation Account to be funded from the following sources: 1/26/17 Senate Support (Beall) (1) an increase in the gasoline excise tax of 12 cents per gallon, which would be phased in over three Governance & Transportation years and indexed to inflation every three years; (2) a registration surcharge of $38 per year imposed Finance Funding on all motor vehicles, which would be indexed to inflation every three years; (3) a registration Committee surcharge of $100 per year imposed on zero-emission vehicles starting with the second year of ownership, which would be indexed to inflation every three years; and (4) revenues obtained by Caltrans through the rental or sale of property, the sale of documents, and charges for other miscellaneous services provided to the public. Distributes the revenues deposited into the Road Maintenance and Rehabilitation Account in the following manner: (1) $200 million per year would be taken off the top for allocation to local jurisdictions that have sought and gained voter approval of a local transportation special tax, or that have imposed uniform developer or other fees solely for transportation improvements; (b) $80 million per year would be taken off the top and distributed to the Active Transportation Program; (c) for FY 2018 through FY 2021, $30 million per year would be taken off the top to be used to fund the implementation of advance environmental mitigation plans for future transportation projects; (4) $2 million per year would be taken off the top and distributed to the California State University to conduct transportation research, and transportation-related workforce education, training and development; (5) 50 percent of the amount remaining after the aforementioned set-asides would be allocated to Caltrans for maintenance of the state highway system, and for projects programmed in the State Highway Operation and Protection Program (SHOPP); and (6) 50 percent of the amount remaining after the aforementioned set-asides would be provided to cities and counties for their local roadway systems. Provides new funding for public transit through the following sources: (1) an increase in the diesel sales tax by a rate of 3.5 percent for the State Transit Assistance Program (STA); (2) an increase in the diesel sales tax by a rate of 0.5 percent for commuter and intercity rail; (3) an increase in the percentage of cap-and-trade auction proceeds continuously appropriated to the Transit and Intercity Rail Capital Program from 10 percent to 20 percent; and (4) an increase in the percentage of cap-and-trade auction proceeds continuously appropriated to the Low Carbon Transit Operations Program from 5 percent to 10 percent. Increases the diesel excise tax by 20 cents per gallon, which would be indexed to inflation every three years, and deposits these revenues into the Trade Corridors Improvement Fund for goods movement projects programmed by the California Transportation Commission (CTC). Requires revenues apportioned to California from the formula- based National Highway Freight Program to be deposited into the Trade Corridors Improvement Fund. Converts the variable gas tax to a fixed rate of 17.3 cents per gallon, which would be indexed to inflation every three years. Requires the repayment of approximately $700 million in outstanding loans owed by the General Fund to various transportation accounts over a two-year period ending December 31, 2018. Distributes these one-time revenues in the following manner: (1) 50 percent to Caltrans for maintenance of the state highway system, and for SHOPP projects; and (2) 50 percent to cities and counties for their local roadway systems. Recaptures half of the annual amount of vehicle weight fee revenues for the State Highway Account over a five-year period ending June 30, 2022.

2017-2018 Legislative Update Matrix

6.8.a

State Senate Bills Subject Last Status VTA Amended Position SB 2 Enacts the Building Homes and Jobs Act. Beginning January 1, 2018, imposes a fee of $75 to be paid 2/22/17 Senate (Atkins) at the time of recording of every real estate instrument, paper or notice required or permitted by law to Governance & Building Homes and be recorded per each single transaction per single parcel of real property. Specifies that this fee shall Finance Jobs Act not exceed $225. Prohibits the fee from being imposed on any real estate instrument, paper or notice Committee recorded in connection with a transfer of real property that is a residential dwelling to an owner- occupier. Deposits the revenues derived from the fee in the Building Homes and Jobs Trust Fund for expenditure by the Department of Housing & Community Development. Upon appropriation by the Legislature, requires 20 percent of the revenues in the trust fund to be expended for affordable owner- occupied workforce housing, and 10 percent to address affordable homeownership and rental housing opportunities for agricultural workers and their families. Requires the remainder of the money in the trust fund to be expended for the following purposes: (1) the development, acquisition, rehabilitation, and preservation of rental housing that is affordable to extremely low-income, very low-income, low- income, and moderate-income households; (2) affordable rental and ownership housing that meets the needs of a growing workforce up to 120 percent of area median income; (3) matching portions of funds placed into local or regional housing trust funds; (4) matching portions of funds available through the Low and Moderate Income Housing Asset Fund; (5) capitalized reserves for services connected to the creation of new permanent supportive housing, including developments funded through the Veterans Housing and Homelessness Prevention Bond Act of 2014; (6) emergency shelters, transitional housing and rapid rehousing; (7) accessibility modifications; (8) efforts to acquire and rehabilitate foreclosed or vacant homes; (9) homeownership opportunities, including downpayment assistance; (10) grants to local and regional agencies to assist in the development and updating of planning documents and zoning ordinances in order to accelerate housing production; and (11) fiscal incentives as matching funds to local agencies that approve new housing for extremely low-income, very low-income, low- income, and moderate-income households. At the time of the Department of Finance’s adjustments to the proposed FY 2019 budget, requires the Department of Housing & Community Development to submit to the Legislature an initial Building Homes and Jobs Investment Strategy. Beginning with FY 2024, and every five years thereafter, requires the department to update this investment strategy and submit it to the Legislature concurrent with the release of the Governor’s proposed budget. Requires the investment strategy to do all of the following: (1) identify the statewide needs, goals, objectives, and outcomes for housing for a five-year period; (2) provide for a geographically balanced distribution of funds, including a 50 percent direct allocation to local governments; (3) emphasize investments that serve households that are at or below 60 percent of area median income; (4) encourage economic development and job creation by helping to meet the housing needs of a growing workforce up to 120 percent of area median income; (5) identify opportunities for coordination among state departments and agencies; (6) incentivize the use and coordination of non-traditional funding sources; and (7) incentivize innovative approaches that produce cost savings to local and state services by reducing the instability of housing for frequent, high-cost users of hospitals, jails, detoxification facilities, psychiatric hospitals, and emergency shelters. Requires expenditure requests in the Governor’s proposed budget to be consistent with the Building Housing and Jobs Investment Strategy. Declares the intent of the Legislature to enact a bill to create a Secretary of Housing within state government to oversee all activities related to housing in California.

2017-2018 Legislative Update Matrix

6.8.a

State Senate Bills Subject Last Status VTA Amended Position SB 3 Calls for submitting the Affordable Housing Bond Act of 2018 to the voters at the November 6, 2018, As Senate (Beall) statewide general election, which authorizes the issuance of $3 billion in general obligation bonds to Introduced Governance & Affordable Housing fund various programs related to housing. If approved by the voters, requires the proceeds from the Finance Bond Act of 2018 issuance of the bonds to be allocated in the following manner: (1) $1.5 billion to construct, rehabilitate Committee and preserve permanent and transitional rental housing for persons with incomes of up to 60 percent of the area median income; (2) $200 million to provide assistance to cities, counties, public transit agencies, and developers for the purpose of developing or facilitating higher density uses within close proximity to transit stations that will increase public transit ridership; (3) $300 million for infill incentive grants to assist in constructing and rehabilitating infrastructure that supports high-density affordable and mixed-income housing in locations designated as infill; (4) $100 million for grants to qualifying cities and counties to be used for downpayment assistance to qualifying first-time homebuyers, or low-income and moderate-income buyers purchasing newly constructed homes in a Building Equity and Growth in Neighborhoods (BEGIN) project; (5) $300 million for grants or loans for local public entities, non-profit corporations, limited liability companies, and limited partnerships for constructing or rehabilitating housing for agricultural employees and their families, or for acquiring manufactured housing as part of a program to address and remedy the impacts of current and potential displacement of farmworker families from existing labor camps, mobilehome parks or other housing; (6) $300 million for competitive grants or loans to local housing trust funds that develop, own, lend, or invest in affordable housing to assist in creating pilot programs to demonstrate innovative, cost-saving approaches to building or preserving affordable housing; and (7) $300 million for the CalHome Program to provide direct, forgivable loans to assist development projects involving multiple homeownership units.

2017-2018 Legislative Update Matrix

6.8.a

State Senate Bills Subject Last Status VTA Amended Position SB 4 Subject to voter approval at the June 5, 2018, statewide primary election, enacts the Goods Movement As Senate (Mendoza) and Clean Trucks Bond Act to authorize the issuance of $600 million in state general obligation bonds Introduced Transportation & Goods Movement for the following purposes: (1) $200 million to the California Transportation Commission (CTC) for Housing projects and programs eligible for funding from the Trade Corridors Improvement Fund (TCIF); (2) Committee $200 million to the California Air Resources Board (CARB) for projects and programs consistent with the Goods Movement Emission Reduction Program; and (3) $200 million to CARB for projects and programs to expand the use of zero- and near-zero emission trucks in areas of the state that are designated as severe or extreme nonattainment areas for ozone and particulate matter. Requires revenues apportioned to California from the National Highway Freight Program established by the federal Fixing America’s Surface Transportation (FAST) Act to be deposited into the TCIF and allocated by the CTC for projects pursuant to the statutes governing the TCIF. In prioritizing projects for TCIF funding, requires the CTC to consult the California Sustainable Freight Action Plan released in July 2016 pursuant to a gubernatorial executive order. Requires projects eligible for TCIF funding to further the state’s economic, environmental and public health objectives and goals for freight policy. In evaluating the program of projects to be funded from the TCIF, requires the CTC to evaluate the total potential economic and non-economic benefits of the program of projects to California’s economy, environment and public health. Requires the CTC to allocate the revenues apportioned to California from the formula-based National Highway Freight Program in the following manner: (1) $150 million dedicated exclusively to fund improvements to California’s existing or planned land ports of entry on the border with Mexico; (2) $70 million dedicated exclusively to fund projects for the elimination, alteration or improvement of hazardous railroad-highway grade crossings; and (3) $360 million for projects nominated by regional transportation agencies and other public entities, in consultation with Caltrans, consistent with the corridor-based programming targets contained in the TCIF Guidelines. Requires the CTC to proportionately adjust these amounts if the funding received by California from the National Highway Freight Program is less than or greater than $580 million. Requires the CTC to amend the current TCIF Guidelines to allocate funding in a manner that: (1) addresses the state’s most urgent needs; (2) balances the demands of various land ports of entry, seaports and airports; (3) provides reasonable geographic balance between the state’s regions; (4) places an emphasis on projects that improve trade corridor mobility and safety, while reducing emissions of diesel particulates, greenhouse gases and other pollutants, and reducing other negative community impacts; and (5) makes a significant contribution to the state’s economy. In adopting amended guidelines, and in developing and adopting the program of projects for TCIF funding, requires the CTC to do all of the following: (1) accept nominations for projects to be included in the program of projects from regional and local transportation agencies, and from Caltrans; (2) recognize the key role of the state in project identification and support integrating statewide goods movement priorities into the corridor approach; and (3) give the highest priority for funding allocations to projects jointly nominated by Caltrans and a regional or other public agency.

2017-2018 Legislative Update Matrix

6.8.a

State Senate Bills Subject Last Status VTA Amended Position SB 19 Among other things, makes legislative findings and declarations relative to the administration working As Senate Energy, (Hill) with the California Public Utilities Commission (CPUC) to develop a reorganization plan to transfer Introduced Utilities & California Public those duties and responsibilities of the commission over transportation-related entities that would be Communications Utilities better performed by departments within the California State Transportation Agency (CalSTA). By Committee Commission: February 1 of each year, requires CalSTA to report to the Governor and the relevant committees of the Duties, Legislature statistical information regarding application, permit and enforcement activities undertaken Responsibilities and by the agency in carrying out the duties and responsibilities transferred to the agency from the CPUC. Governance SB 20 Requires a passenger in a bus equipped with seatbelts to be properly restrained by a belt. Before the 2/15/17 Senate (Hill) departure of a bus carrying passengers in a vehicle equipped with seatbelts, requires the driver to inform Transportation & Buses: Seatbelts passengers of the requirement to wear the belt under California law and about the penalties for violating Housing this requirement. Specifies that a violation of the seatbelt requirement is an infraction punishable by a Committee fine of not more than $20 for the first offense, and a fine of not more than $50 for each subsequent offense. Specifies that the aforementioned provisions of the bill do not apply to school buses. Requires a charter bus company to ensure that a driver of a vehicle designed to carry 39 or more passengers does both of the following: (1) instructs or plays a video for all passenger regarding the safety equipment and emergency exists on the vehicle prior to the beginning of any trip; and (2) provides each passenger with written or video instructions that include, at a minimum, a demonstration of the location and operation of all exits, the requirement to wear a seatbelt, if available, and the penalties for violating the seatbelt requirement. SB 21 By July 1, 2018, requires each law enforcement agency to submit to its governing body at a properly As Senate Public (Hill) noticed public meeting on the regular, non-consent calendar a Surveillance Use Policy pertaining to any Introduced Safety Committee Law Enforcement surveillance technologies used by that agency. Requires the policy to include all of the following: (1) Agencies: types of surveillance technologies used by the agency; (2) authorized purposes for using surveillance Surveillance technologies; (3) types of data that can be and is collected by the surveillance technologies; (4) a Technology Policy description of the job title or other designation of employees and independent contractors who are authorized to use the various types of surveillance technologies or to access the data collected; (5) title of the official custodian or owner of the surveillance technologies; (6) a description of how the surveillance technologies will be monitored to ensure the security of the information and compliance with any applicable privacy laws; (7) the length of time information collected by the surveillance technologies will be retained, and a process to determine if and when to destroy the retained information; (8) purposes of, processes for and restrictions on the sale, sharing or transfer of information to other persons; and (9) how collected information can be accessed by members of the public, including criminal defendants. Prohibits a law enforcement agency from acquiring a surveillance technology unless approved by its governing body. Requires the Surveillance Use Policy to be amended if the law enforcement agency intends to acquire a new type of surveillance technology after the initial adoption of the policy.

2017-2018 Legislative Update Matrix

6.8.a

State Senate Bills Subject Last Status VTA Amended Position SB 32 Creates the Citizens’ Pension Oversight Committee to serve in an advisory role to the Teachers’ 3/2/17 Senate Rules (Moorlach) Retirement Board and the Board of Administration of the California Public Employees’ Retirement Committee Public Employees’ System (CalPERS). Requires the oversight committee to annually review the actual pension costs and Pension Reform obligations of CalPERS and the State Teachers’ Retirement System (STRS), and to report them to the public. Prohibits a public retirement board from deeming incentive pay, educational pay, premium pay, special assignment pay, or holiday pay to be pensionable compensation. Requires the Board of Administration of CalPERS to reduce the unfunded liability of CalPERS to the 1980 level to be achieved by 2030, with the goal of fully funding the system. In any year in which the unfunded actuarial liability of CalPERS is greater than zero, requires the Board of Administration to increase the employer contribution rate otherwise provided by law for the state, contracting agencies and school employers by 10 percent. By January 1, 2019, requires the Board of Administration of CalPERS to develop and submit to the Legislature for approval a hybrid retirement plan consisting of the following: (1) a defined benefit component that utilizes low-risk investments; and (2) a defined contribution component under which an employee’s contributions will be matched by employer contributions up to a certain percent. Requires a member who is first employed by the state, a contracting agency or a school employer, and becomes a member of CalPERS on or after the approval of the hybrid plan by the Legislature to participate in the hybrid plan. For an individual who becomes a member of any public retirement system for the first time on or after January 1, 2018, and who was not a member of any other public retirement system prior to that date, requires the final compensation used to determine the member’s retirement benefits to be the highest annual pensionable compensation earned by the member during a period of at least 60 consecutive months, or at least five consecutive school years if applicable. Prohibits a public retirement system from making a cost-of-living adjustment to any retirement benefit to, or on behalf of, a person retired under the system, or to any survivor or beneficiary of a member or person retired under the system for any year, beginning on or after January 1, 2018, in which CalPERS or STRS is not fully funded. SB 49 Prohibits a state or local agency from amending or revising its rules and regulations to be less stringent 2/22/17 Senate Natural (de Leon) than the baseline federal standards for the following federal laws: (1) Clean Air Act; (2) Endangered Resources & California Species Act; (3) Safe Drinking Water Act; (4) Water Pollution Control Act; and (5) any other federal Water Committee Environmental, law relating to environmental protection, natural resources or public health. Defines “baseline federal Public Health and standards” to mean the authorizations, policies, objectives, rules, requirements, and standards contained Workers Defense in the aforementioned federal laws, or regulations implementing those laws in existence as of January 1, Act of 2017 2016, or January 1, 2017, whichever is more stringent. Prohibits a state agency from amending or revising its rules and regulations in a manner that is less stringent in its protection of workers’ rights or worker safety than standards in existence as of January 1, 2016, established pursuant to the following federal laws: (1) Fair Labor Standards Act; (2) Occupational Safety and Health Act; (3) Mine Safety and Health Act; and (4) any other federal statutes relating to worker rights and protections.

2017-2018 Legislative Update Matrix

6.8.a

State Senate Bills Subject Last Status VTA Amended Position SB 50 Establishes a state policy to discourage conveyances that transfer ownership of federal public lands in 2/22/17 Senate Natural (B. Allen) California from the federal government. Specifies that such conveyances are void unless the State Resources & Federal Public Lands Commission was provided with the right of first refusal to the conveyance, or the right to arrange Water Committee Lands: Conveyances for the transfer of property to another entity. Authorizes the commission to seek declaratory and injunctive relief from a court of competent jurisdiction to contest conveyances made to any entity unless the requirements of this bill are met. Requires the commission, the Wildlife Conservation Board and the Department of Fish & Wildlife to enter into a memorandum of understanding that establishes a state policy that all three agencies would undertake all feasible efforts to protect against any future unauthorized conveyances of, or any changes in, federal public land designation. SB 51 Prohibits boards within the Department of Consumer Affairs from taking disciplinary action, including 2/22/17 Senate Rules (Jackson) disbarment, suspension, loss of credential, registration, or other professional privilege, against a public Committee Professional employee, or employee of a government contractor, subcontractor or grantee in connection with actions Licenses: taken by that person to: (1) report improper governmental action; or (2) communicate the results of, or Environmental information about, scientific or technical research in a scientific or public forum, or with the media. Sciences and Specifies that this prohibition includes persons working in the environmental sciences and climate- Climate Change change-related fields. Requires the California Environmental Protection Agency (CalEPA) to ensure that all scientific information and other data otherwise in the public domain is protected against censorship or destruction by the federal government. SB 80 Requires the lead agency for a project to post notices related to compliance with the California 2/14/17 Senate (Wieckowski) Environmental Quality Act (CEQA) on its Internet Web site. Requires the lead agency to offer to Environmental CEQA: Notices provide such notices by email to any person requesting them. Requires a county clerk to post notices Quality regarding an environmental impact report or a negative declaration on the county’s Internet Web site. Committee If the lead agency determines that a project falls within a class of projects that is not subject to CEQA pursuant to guidelines developed by the Office of Planning & Research (OPR), and the agency approves or determines to carry out the project, requires the agency to file a notice of determination with the county clerk of each county in which the project will be located. SB 145 Deletes provisions in current law requiring the Department of Motor Vehicles to notify the Legislature As Senate (Hill) of the receipt of an application from a manufacturer seeking approval to operate an autonomous vehicle Introduced Transportation & Autonomous on public roads. Housing Vehicles Committee

2017-2018 Legislative Update Matrix

6.8.a

State Senate Bills Subject Last Status VTA Amended Position SB 185 In any case involving an infraction under the Vehicle Code, requires the court to determine whether the As Senate (Hertzberg) defendant is indigent for purposes of establishing the amount of any associated fine, fee, assessment, or Introduced Transportation & Vehicle Code other financial penalties that the person can afford to pay. If a defendant is determined to be indigent, Housing Violations: Indigent requires the court to reduce the base fine, penalty assessments, any state or local fees, and any civil Committee Defendants assessments by 80 percent on all charges pending against the defendant. Requires the court to provide alternatives to immediate payment of a sentence for a Vehicle Code infraction, including a payment plan option. Requires the court to determine the amount that a defendant can afford to pay per month by using a payment calculator developed by the Judicial Council. For persons not found to be indigent, requires that the monthly payment not exceed 5 percent of the defendant’s family monthly income, excluding deductions for essential living expenses. For defendants found to be indigent, requires the monthly payments to be $0 until the person’s financial circumstances change, and requires the remaining amount owed to be discharged after 48 months in the interest of justice. SB 224 In determining the baseline physical conditions by which a lead agency decides whether a project has a As Senate (Jackson) significant effect on the environment pursuant to the California Environmental Quality Act (CEQA), Introduced Environmental CEQA: Baseline prohibits the lead agency from considering modifications to the environment at the project site caused Quality Physical Conditions by either of the following: (1) action undertaken without an environmental review for emergency Committee repairs to public service facilities necessary to maintain service, or specific actions necessary to prevent or mitigate an emergency; or (2) action that is unpermitted or illegal at the time the action was undertaken. SB 251 Authorizes the County of Merced to conduct a pilot project for the testing of autonomous vehicles that As Senate (Cannella) do not have a driver seated in the driver’s seat, and that are not equipped with a steering wheel, a brake Introduced Transportation & Merced County: pedal or an accelerator, provided that the testing is conducted only at the Castle Commerce Center, Housing Autonomous inclusive of public roads within the center. Prior to the start of testing of any autonomous vehicles Committee Vehicles Pilot pursuant to this bill, requires Merced County, or a private entity, or a combination of the two to do both Project of the following: (1) obtain an instrument of insurance, surety bond or proof of self-insurance in an amount of $5 million; and (2) submit a detailed description of the testing program to the Department of Motor Vehicles (DMV). Requires the operator of the autonomous vehicle technology being tested to disclose to an individual participating in the pilot project what personal information, if any, concerning the individual will be collected by the autonomous vehicle. For the testing of autonomous vehicles within the Castle Commerce Center, allows the DMV to require data collection for evaluating the safety of the vehicles. Specifies that the bill does not limit the authority of the DMV to promulgate regulations governing the testing and operation of autonomous vehicles on public roads, with or without the presence of a driver inside the vehicle. Specifies that the provisions of the bill shall remain in effect only until 180 days after the operative date of any regulations promulgated by the DMV that allow for the testing of autonomous vehicles without a driver in the vehicle. Requires any testing of autonomous vehicles conducted by Merced County to conform to those regulations.

2017-2018 Legislative Update Matrix

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State Senate Bills Subject Last Status VTA Amended Position SB 263 Requires the Strategic Growth Council to establish no less than 10 regional climate assistance centers, As Senate (Leyva) equitably distributed across urban and rural areas of California, to build the capacity of local Introduced Environmental Regional Climate community organizations, municipalities and small businesses from disadvantaged communities to Quality Assistance Centers participate in state climate investment programs. Requires a center to do all of the following: (1) work Committee with community-based organizations to establish a regional leadership development network to identify, train and support climate leaders from disadvantaged communities; (2) initiate and coordinate regional partnerships and collaboration to support coalition building, community engagement, private- sector engagement, and policy opportunities surrounding climate investments, multi-benefit solutions, workforce development, and anti-displacement strategies; (3) provide funding for community-based and non-profit organizations for technical assistance and planning resources to assist eligible applicants for state climate investment programs from disadvantaged communities in project and proposal development; and (4) engage philanthropic and private-sector partners to provide direct contributions and in-kind assistance for additional technical assistance to match state financial investments in disadvantaged communities. Upon appropriation by the Legislature, requires the Strategic Growth Council to allocate cap-and-trade auction proceeds from the Greenhouse Gas Reduction Fund to community-based and non-profit organizations to engage with the regional climate assistance centers and conduct outreach in disadvantaged communities. Requires the Strategic Growth Council to establish the position of climate outreach coordinator covering each designated geographic region of the state that has a center. Requires the coordinator to conduct outreach and provide direct technical assistance to target user groups for the centers in order to identify relevant state funding programs, develop eligible activities and prepare applications. Requires the Strategic Growth Council to establish a state interagency working group to develop integrated outreach information on state climate investment programs and to coordinate outreach activities with the regional centers. SB 337 Requires the Department of Finance, in consultation with the Franchise Tax Board, to estimate, on an As Senate (Bates) annual basis, the amount of revenues to be received from state taxes in the next fiscal year as a Introduced Governance & Repatriation consequence of the enactment of a federal corporate repatriation statute under which the foreign Finance Infrastructure Fund earnings of U.S.-based corporations that are currently invested abroad are moved to the United States. Committee After reservation of the appropriate amounts required for K-14 education pursuant to Proposition 98 and for the Budget Stabilization Account, specifies that the remaining repatriation revenues are to be transferred to a newly created Repatriation Infrastructure Fund. Requires the revenues in this fund to be continuously appropriated to the California Transportation Commission (CTC) and allocated as follows: (1) 65 percent for trade corridor projects; (2) 30 percent to cities and counties for local streets/roads; and (3) 5 percent to the Public Transportation Account (PTA). Specifies that the provisions of the bill would become inoperative on July 1, 2025.

2017-2018 Legislative Update Matrix

6.8.a

State Senate Bills Subject Last Status VTA Amended Position SB 414 Specifies that no further bonds shall be sold for high-speed rail purposes pursuant to the Safe, Reliable As Senate (Vidak) High-Speed Passenger Train Bond Act for the 21st Century (Proposition 1A), except as specifically Introduced Transportation & High-Speed Rail: provided with respect to an existing appropriation for early improvement projects related to the Phase I Housing Bond Funding blended system. Upon appropriation by the Legislature, requires the unspent proceeds received from Committee outstanding bonds issued and sold for high-speed rail purposes prior to the effective date of the provisions of this bill to be redirected to retiring the debt incurred from the issuance and sale of those outstanding bonds. Allows the remaining unissued bonds, as of the effective date of the provisions of this bill, that were authorized for high-speed rail purposes to be issued and sold. Upon appropriation by the Legislature, requires the net proceeds from the sale of these remaining unissued bonds to be made available as follows: (1) 50 percent to the California Transportation Commission (CTC) for allocation to repair and new construction projects on state highways and freeways; and (2) 50 percent to the Controller’s Office for apportionment to cities and counties for transportation projects or other infrastructure improvements. Makes no changes to the authorization under Proposition 1A for the issuance of $950 million in bonds for rail purposes other than high-speed rail. Specifies that the provisions of the bill would become effective only upon approval by the voters at the June 5, 2018, statewide primary election. SB 415 For real property acquired by the state on or after January 1, 2018, for high-speed rail purposes, As Senate (Vidak) requires the California High-Speed Rail Authority to make a good faith effort to sell or exchange such Introduced Transportation & High-Speed Rail: property within three years from the date of acquisition if the authority has not begun construction on Housing Real Property the property within that period of time. For real property acquired by the state before January 1, 2018, Committee for high-speed rail purposes, requires the California High-Speed Rail Authority to make a good faith effort to sell or exchange such property by January 1, 2021, if the authority has not begun construction on the property by then. If the California High-Speed Rail Authority leased, prior to January 1, 2018, real property acquired by the state for high-speed rail purposes, requires the authority to make a good faith effort to sell or exchange such property within three years from the date of the expiration of the lease, if the authority has not begun construction on the property within that period of time. SB 450 Prior to authorizing a bond issuance, requires the governing body of a public entity to obtain and As Senate (Hertzberg) disclose all of the following information in a meeting open to the public: (1) the annual percentage rate Introduced Governance & Public Notice of of the bond, which means the cost of interest expressed as a yearly rate; (2) the finance charge of the Finance Bond Issuances bond, which means the sum of all charges payable by the borrower, including interest and transaction Committee costs, expressed in dollar terms; (3) the amount financed by the bond, which means the amount of credit provided by the lender; (4) the total payment amount, which means the sum total of all payments the borrower will have made by the time the full balance has been paid, including all fees and finance charges. SB 584 Restates the goals of the California Renewables Portfolio Standard Program to achieve a target of As Senate Rules (de Leon) generating 50 percent of total retail sales of electricity in the state from eligible renewable energy Introduced Committee California resources by December 31, 2025, and 100 percent by December 31, 2045. Renewables Portfolio Standard Program

2017-2018 Legislative Update Matrix

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State Senate Bills Subject Last Status VTA Amended Position SB 603 Prohibits the Bay Area Rapid Transit District (BART) from entering into an agreement that would limit As Senate Public (Glazer) its ability to prepare for, or operate during, a work stoppage. Introduced Employment & BART: Work Retirement Stoppages Committee SB 604 Prohibits the employees of the Bay Area Rapid Transit District (BART) from engaging in a strike or As Senate Public (Glazer) work stoppage if the BART Board of Directors maintains all provisions of an expired contract, Introduced Employment & BART: Prohibition including compensation and benefit provisions, and an employee or union has agreed to a provision Retirement of Strikes by prohibiting strikes in the expired or previous written labor contract. Provides that an employee whom Committee Employees BART finds willfully engaged in a strike or work stoppage in violation of the provisions of this bill is subject to dismissal if that finding is sustained upon conclusion of the appropriate proceedings necessary for the imposition of a disciplinary action on the employee. SB 614 For those public transit agencies that adopt and enforce an ordinance to impose administrative penalties As Senate Support (Hertzberg) for fare evasion and certain passenger misconduct violations, requires the revenues from the Introduced Transportation & Passenger administrative fines to be deposited with the transit agency that issued the citation, rather than in the Housing Misconduct general fund of the county in which the citation is administered. Committee Violations and Fare Evasion: Administrative Fines SB 711 Until January 1, 2025, establishes the Local-State Sustainable Investment Incentive Program to be As Senate Rules (Hill) administered by the Strategic Growth Council. Specifies that the goals of the program are to: (1) Introduced Committee Local-State maximize opportunities to expand the availability of affordable housing; (2) encourage active Sustainable transportation; (3) support greater infill and compact development; (4) reduce greenhouse gas Investment Incentive emissions and vehicle miles traveled; and (5) assist local entities in planning sustainable communities. Program Allows cities, counties, enhance infrastructure financing districts, and community revitalization and investment authorities to file an application with the Strategic Growth Council to participate in the program. Requires the Strategic Growth Council to adopt policies and procedures for the receipt and evaluation of applications submitted by cities, counties, enhance infrastructure financing districts, and community revitalization and investment authorities. Requires the Strategic Growth Council to establish annual priorities for the Local-State Sustainable Investment Incentive Program, and allows the council to approve in the aggregate no more than $10 million per year in annual Educational Revenue Augmentation Fund (ERAF) reductions for projects funded through the program. Specifies that the Strategic Growth Council shall not approve an application unless the council determines that the reduction in ERAF contributions is necessary to make the proposed project financially feasible, and that the project would significantly advance important greenhouse gas emissions reduction, affordable housing and other policy benefits. Specifies that the following are eligible for the program: (1) public infrastructure necessary for the development of a transit priority project; (2) a project that provides facilities or services within a disadvantaged community; (3) an infrastructure project that implements the state’s priorities, as determined by the Strategic Growth Council; or (4) a project that provides affordable housing.

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State Senate Bills Subject Last Status VTA Amended Position SB 732 Requires the repayment of approximately $700 million in outstanding loans owed by the General Fund As Senate Rules (Stern) to the State Highway Account, the Motor Vehicle Fuel Account, the Highway Users Tax Account Introduced Committee Repayment of (HUTA), and the Motor Vehicle Account over a two-year period. Requires one half of the outstanding Transportation balance to be repaid by December 31, 2018, and the remainder by December 31, 2019. Requires the Loans loans to be repaid from the Budget Stabilization Account. Requires the one-time revenues from the loan repayments to be allocated in the following manner: (1) 50 percent to Caltrans for state highway maintenance, and State Highway Operation and Protection Program (SHOPP) projects; and (2) 50 percent to cities/counties for local streets/roads. SB 760 Establishes a Division of Active Transportation within Caltrans to be responsible for: (1) developing As Senate Rules (Wiener) projects and programs that increase bicycle and pedestrian safety and trips statewide; and (2) reviewing Introduced Committee Active all state highway capital improvement projects for inclusion of bicycle and pedestrian facilities, where Transportation and feasible. Requires the California State Transportation Agency to assign an undersecretary to give Complete Streets attention to active transportation matters to guide progress toward meeting Caltrans’ active transportation goals and objectives. Requires the California Transportation Commission (CTC) to give high priority to increasing safety for bicyclists and pedestrians, and implementing bicycle and pedestrian facilities. By January 1, 2018, requires Caltrans to update its Highway Design Manual to incorporate the complete streets design concept. Requires the Assets Management Plan currently prepared by Caltrans to prescribe a process for community input and complete streets implementation to prioritize safety and accessibility for bicyclists, pedestrians and public transit users on all State Highway Operation and Protection Program (SHOPP) projects, where applicable. In connection with the Assets Management Plan, requires the CTC to adopt performance measures that include: (1) conditions of bicycle and pedestrian facilities; (2) accessibility and safety for bicyclists, pedestrians and public transit users; and (3) vehicle miles traveled on the state highway system. Adds capital improvements related to accessibility for bicyclists, pedestrians and public transit users of state highways and bridges to the list of projects that are eligible for SHOPP funding. Requires Caltrans to specify the cost of bicycle and pedestrian facilities for each project programmed in the SHOPP. When undertaking any capital improvement project on a state highway or a local street crossing a state highway that is funded through the SHOPP, requires Caltrans, by January 1, 2020, to include new bicycle and pedestrian facilities or improvements to existing facilities as part of the project, consistent with specified requirements. Requires Caltrans to establish a project development team for each SHOPP project, which shall include representatives from the local transportation agency, the local bicycle and pedestrian advisory committee, community-based organizations, residents of low-income disadvantaged communities, and other local stakeholders impacted by the project. Requires the project development team to provide input to Caltrans on identifying bicycle and pedestrian facility and public transit access needs related to the project. Requires Caltrans to use 3 percent of SHOPP funds from the Road Maintenance and Rehabilitation Account, if that account is created through legislation, for bicycle and pedestrian facilities. Makes accessibility improvements for all users of the transportation system that improve the efficiency of moving people within existing roadways, reduce vehicle miles traveled and promote public health the highest priority for State Highway Account funding. Requires safety improvements funded from the State Highway Account to prioritize reducing fatalities and severe injuries for vulnerable road users, and prohibits these projects from increasing vehicle miles traveled.

2017-2018 Legislative Update Matrix

6.8.a

State Senate Bills Subject Last Status VTA Amended Position SCA 2 Calls for placing before the voters an amendment to the California Constitution to prohibit the As Senate (Newman) Legislature from borrowing revenues derived from fees and taxes imposed by the state on motor Introduced Transportation & Motor Vehicle Fees vehicles or their use or operations, and from using these revenues other than for state highways, local Housing and Taxes: streets and roads, and fixed guideway mass transit as specified in Article 19 of the Constitution. In Committee Restrictions on addition, prohibits these revenues from being pledged or used for the payment of principal and interest Expenditures on general obligation bonds issued by the state, except in the case of vehicle weight fee revenues. Allows vehicle weight fee revenues to be pledged or used for the payment of principal and interest on general obligation transportation bonds approved prior to January 1, 2017. Authorizes the use of fuel tax and vehicle fee revenues attributable to tax and fee rate increases enacted on or after January 1, 2017, to pay principal and interest on debt service for revenue bonds issued for expenditure consistent with Article 19. Requires all revenues attributable to a future increase by the state in the diesel sales tax rate above the rate in effect on January 1, 2017, to be deposited into the Public Transportation Account (PTA) and used exclusively for mass transportation purposes. Prohibits the Legislature from taking any action that would temporarily or permanently divert or appropriate PTA revenues for non- mass transportation purposes; or that would delay, defer, suspend, or otherwise interrupt the quarterly deposit of these revenues into the PTA. Prohibits PTA revenues from being pledged or used for the payment of principal and interest on general obligation bonds issued by the state. SCA 6 Calls for placing before the voters an amendment to the California Constitution to allow a local As Senate Support (Wiener) government to impose, extend or increase a special tax in order to provide funding for transportation Introduced Governance & Local Transportation purposes, if approved by a 55 percent majority vote. Specifies that a tax provides funding for Finance Special Taxes transportation purposes if 100 percent of the net revenues from the tax, after collection and Committee administrative expenses, is dedicated to transportation programs and projects. SCA 10 Calls for placing before the voters an amendment to the California Constitution to prohibit a As Senate Rules (Moorlach) government employer from providing its employees any retirement benefit increase until that increase Introduced Committee Public Employee is approved by a two-thirds vote of the electorate within the employer’s jurisdiction and that vote is Retirement Benefits certified. Defines “retirement benefit” to mean any post-employment benefit, including a benefit provided through a defined benefit pension plan, defined contribution plan, retiree health care plan, or any form of deferred compensation offered by a government employer. Defines ‘benefit increase” to mean any change that increases the value of an employee’s retirement benefit, including increasing a benefit formula or the rate of cost-of-living adjustments, expanding the categories of pay included in pension calculations, reducing a vesting period, lowering the eligible retirement age, or otherwise providing a new economic advantage for the employee.

2017-2018 Legislative Update Matrix

6.9

Date: March 16, 2017 Current Meeting: April 6, 2017 Board Meeting: April 6, 2017

BOARD MEMORANDUM

TO: Santa Clara Valley Transportation Authority Board of Directors

THROUGH: General Manager, Nuria I. Fernandez

FROM: Interim Director - Engr & Transp Infra Dev, Dennis Ratcliffe Interim Director - Planning & Program Development, Carolyn M. Gonot

SUBJECT: 2000 Measure A Semi-Annual Report Ending December 31, 2016

FOR INFORMATION ONLY

BACKGROUND:

Please find attached the Semi-Annual Report for the 2000 Measure A Program for the period of July 1, 2016 to December 31, 2016. Highlights for this reporting period include the following:

Extending BART from Alameda County to the Cities of Milpitas, San Jose and Santa Clara In February, staff informed VTA’s Board of Directors that the revenue service date for the Berryessa Extension Project has been reforecast to December 2017. With the project more than 95 percent complete, staff indicated that key testing and start-up activities would be re-sequenced in order to meet the reforecast date. A December revenue service date places project completion more than six-months ahead of schedule with respect to VTA’s commitments to the Federal Transit Administration (FTA).

Critical events leading to revenue service include:

 Completion of stations testing - The Milpitas and Berryessa stations must be completed, functionally tested and integration tested with project systems through the Project Test Center (PTC) prior to testing by BART from their BART Operations Control Center (OCC).

 Completion of the traction power system - The traction power system needs to be completed prior to testing from the PTC by the contractor.

 Completion of the train control system - Train control testing is conducted in three phases,

6.9

including testing from the PTC by the contractor, and testing by BART from BART’s OCC.

Several critical activities are underway on Phase II of the BART Silicon Valley Extension. The comment period for the Draft Supplemental Environmental Impact Statement/Subsequent Environmental Impact Report (SEIS/SEIR) ended March 6, 2017. Over the next several months, staff will prepare responses to comments received and release the Final SEIR/SEIS in fall 2017.

A single-bore tunnel is an option that is included in the draft environmental document for the Phase II Extension. The Single-bore Tunnel Technical Study, being conducted by HNTB, is evaluating options for the tunnel profile, station configurations, emergency egress and ventilation design. It is expected that the study will be completed by April 2017.

In February, VTA and BART staff completed evaluating proposals and interviewing firms for the Tunneling Methodology Independent Risk Assessment Request for Proposals. The selected firm will evaluate qualitative and quantitative risks associated with twin and single-bore tunneling alternatives. It is anticipated that a Notice to Proceed will be issued in March, and the assessment will be completed by June 2017.

Extend Light Rail from Downtown San Jose to the East Valley Phase I of this project included pedestrian and bus improvements along Capitol Expressway, from Capitol Avenue to Quimby Road (completed in the spring of 2013), and reconstruction of the (completed in May 2015). Phase II of the project will extend light rail to the Eastridge Transit Center. In June 2016, the VTA Board of Directors approved Phase II funding to complete design, acquire right-of-way and relocate utilities. A Request for Proposals (RFP) for final design was issued in November 2016 and is expected to be awarded in spring 2017. A revised draft supplemental Environmental Impact Statement was submitted to the Federal Transit Administration (FTA), with a Record of Decision expected in fall 2017. Right- of-way acquisition and utility relocations are expected to be complete by 2018, with construction expected to begin in early 2019. The construction phase is dependent on securing funding.

Caltrain Improvements: Double Tracking to Gilroy and Electrifying from Palo Alto to Gilroy The environmental process for electrification and new electric locomotives was completed in January 2015. In July 2016, the Caltrain Board of Directors approved award of a design-build contract for $697 million to Balfour Beatty Infrastructure, Inc. for the Peninsula Corridor Electrification Project (PCEP). Caltrain is waiting for a Full Funding Grant Agreement (FFGA) from FTA to be executed to release a full Notice to Proceed to Balfour Beatty. FTA recently sent a letter to Caltrain noting that resolution of the FFGA will not occur until at least April 2017. The contract for the procurement of high-performance electric locomotives was awarded to Stadler US, Inc. for $551 million. The first electric locomotives are anticipated to be in service by the end of 2020 or early 2021.

Caltrain Service Upgrades The construction contract for the Santa Clara Caltrain Station Pedestrian Underpass Extension

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was advertised in March 2016 and awarded to the lowest bidder in June 2016. Field construction began in fall 2016 and is planned for completion by mid-2017.

Improving Bus Service in Major Corridors Construction of the Alum Rock Santa Clara Bus Rapid Transit (BRT) is currently ongoing with significant completion planned for March 2017. Revenue service is scheduled for April 2017.

Design for new shelters, seating, lighting and other associated bus stop improvements for the Stevens Creek Rapid 523 corridor was completed in September 2016 and advertised for bids in October 2016. The contract was re-advertised in January 2017, as the original bids received were significantly higher than the engineer's estimate. Scope was revised to remove real-time information signs which are not a critical component to the project at this time. Construction is expected to begin in spring 2017.

While planning activities for an improved transit center at De Anza College are in the early stages, bus stops improvements on Stelling Road will serve as a solution to speed up travel time and accommodate increased transportation needs in the De Anza College area. Design for the interim Stelling Road bus stop improvements is expected to be completed in spring 2017, with construction scheduled for summer 2017.

Develop New Light Rail Corridor In June 2016, the VTA Board of Directors approved funding to advance final design and right- of-way acquisition for the Vasona Light Rail Extension/Double Track project. The Board also authorized the General Manager to execute all documents required for acquisition of right-of - way. A Request for Proposals (RFP) for final design is expected to be issued in spring 2017 and awarded by summer of 2017. The construction phase is dependent on securing funding.

The SR 85 Major Transit Investment Study will analyze implementation of transit guideway alternatives such as Bus Rapid Transit (BRT) and Light Rail (LRT) on SR 85 from San Jose to Mountain View. An RFP was issued in December 2016 and the study is expected be completed by December 2017.

ADVISORY COMMITTEE DISCUSSION/RECOMMENDATION: This item was received as part of the Consent Agenda at the Citizens Advisory Committee (CAC), Technical Advisory Committee (TAC), and Policy Advisory Committee (PAC) meetings and was forwarded without discussion.

STANDING COMMITTEE DISCUSSION/RECOMMENDATION:

The Congestion Management Program & Planning Committee received this item as part of its March 16, 2017 Consent Agenda.

Prepared By: Suja Prasad, Sr. Cost & Schedule Coordinator

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Memo No. 5772

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2000 Measure A Program

Semi-Annual Report December 2016 6.9.a

6.9.a 2000 Measure A Program Semi-Annual Report – December 2016 Table of Contents

TABLE OF CONTENTS

Section Title Page 1 EXECUTIVE SUMMARY AND PROJECT COSTS A. Executive Summary ...... 1-2 B. Project Costs ...... 1-5 C. Measure A Fund Exchange ...... 1..-8 D. Funding...... 1-.9

2 PROJECT SUMMARY REPORTS 1 Silicon Valley Rapid Transit 1. BART SV Program Development Implementation & 2-1-1 Warm Springs 2. BART SV Corridor Establishment and Maintenance ...... 2-1-2 3. Berryessa Extension Project SVBX - Phase 1 ...... 2-1-3.... 4 Future Extension to Santa Clara – Phase II and NMF ...... 2-1-4 5. BART Core Systems Modifications (BCS) ...... 2-...... 1-5 6. Other Supporting Project ………………………………….. 2-1-6

2. Mineta San Jose Airport People Mover ...... 2-2 3. Capitol Expressway Light Rail to Eastridge ...... 2-3 4. Low Floor Light Rail Vehicles...... 2-4 5. Caltrain – Capacity Improvements & Electrification ...... 2-5 6. Caltrain Service Upgrades ...... 2...-6 7. Palo Alto Intermodal Transit Center ...... 2-7 8. Bus Rapid Transit ...... 2-8 9. Upgrade Altamont Commuter Express (ACE) ...... 2...-9 10. Highway 17 Bus Service Improvements ...... 2-10 11. Dumbarton Rail Corridor ...... 212-11 12. ZEB Demonstration and Facility Improvements ...... 2-.12 13. Develop New Light Rail Corridors ...... 2-13

A APPENDIX A – 2000 MEASURE A BALLOT LANGUAGE ...... A-1 B APPENDIX B – 2000 MEASURE A FUND SWAPS ...... B-1

2000 Measure A Program i 6.9.a

6.9.a 2000 Measure A Program Semi-Annual Report – December 2016 Executive Summary and Project Costs

SECTION 1.0

EXECUTIVE SUMMARY AND PROJECT COSTS

2000 Measure A Program 6.9.a 2000 Measure A Program Semi-Annual Report – December 2016 Executive Summary and Project Costs

SECTION 1.0

EXECUTIVE SUMMARY AND PROJECT COSTS

A. EXECUTIVE SUMMARY

The Semi-Annual Report is a periodic update of the 2000 Measure A Transit Improvement Program prepared by VTA staff and provided to the 2000 Measure A Citizens Watchdog Committee and the VTA Board of Directors.

In the same manner VTA was committed to and completed all projects in the 1996 Measure B Program, VTA is committed to completing all the projects in the 2000 Measure A Program. During FY2016, VTA will advance projects to a ready state and advocate for outside fund sources and matched funds to advance projects including potential public-private partnerships.

This report shows a snapshot of the 2000 Measure A Program at the time of writing. However, it is important to understand that the timing and prioritization of projects in the program remains fluid. The report is based on the Program’s budgeted, forecast, and incurred costs as of June 30, 2016.

Key activities that occurred in the six months leading up to December 31, 2016 are described below:

Extend BART from Fremont through Milpitas to Downtown San Jose and the Santa Clara Caltrain Station

. The Draft SEIR/SEIS for the Phase II SVRT extension was released in late-December 2016.

. The single-bore technical study is underway. In January 2017, the draft study will be shared and reviewed with BART. It is anticipated that the final study will be completed in the first quarter of 2017.

. As part of new vehicle procurement, BART has received all ten pilot vehicles, and qualification testing at the District Test Track is in progress, as well as train operator training.

. The SVBX Line, Track, Stations and Systems Design-Build contract has completed track installation for the entire SVBX project, and completion is nearing for contact rail and cover board.

. On SVBX stations, building interior, mechanical/electrical/plumbing installation and elevator testing is underway at both the Berryessa and Milpitas sites. Façade installation and Parking Access and Revenue Collection System lane acceptance testing has been completed at both sites.

2000 Measure A Program 1-2 6.9.a 2000 Measure A Program Semi-Annual Report – December 2016 Executive Summary and Project Costs

. Systems and communications installation and testing took place along the entire SVBX alignment, including the first limited dynamic train testing. Work on the VTA Communication Backbone Network contract (C671) is underway.

. The Berryessa Station photo-voltaic (solar) power system has been installed.

. For the new Component Repair Facility of the Hayward Maintenance Complex (HMC), the last roof truss has been installed and steel erection work has been completed. Work continues inside the Main Shop for the installation of three new lifts, and work is continuing in the Hayward Shop North Yard as part of the required trackwork modifications for access to these new lifts.

. Mountain View Light Rail Double Track project was completed in December 2015. Project closed out process is underway. The double track will support the new line planned from Mountain View to Alum Rock that connects Caltrain and new Milpitas BART station.

Extend Light Rail from Downtown San Jose to the East Valley

. Phase I included pedestrian and bus improvements along Capitol Expressway from Capitol Avenue to Quimby Road (completed in the spring of 2013) and reconstruction of the Eastridge Transit Center (completed in May 2015). Phase II will extend light rail to the Eastridge Transit Center. In June 2016, VTA Board of Directors approved Phase II funding to complete design, acquire right of way and relocate utilities. Request for Proposal (RFP) for final design was issued in November 2016 and is expected to be awarded in spring 2017. A revised draft supplemental Environmental Impact Statement was submitted to FTA. Record of decision is expected in fall 2017. Right of Way Acquisition and Utility Relocation is expected to be complete by 2018. Construction is expected to begin in early 2019. Construction phase is dependent on securing funding.

Improve Caltrain: Double Track to Gilroy & Electrify from Palo Alto to Gilroy

. The environmental process for electrification and new electric trains between San Francisco station at 4th and King Streets and the Tamien Station in San Jose was completed in January 2015. In July 2016, the Caltrain Board of Directors approved award of the design-build contract for $697 million to Balfour Beatty Infrastructure, Inc. for the Peninsula Corridor Electrification Project (PCEP). Caltrain is waiting for the Full-Funding Grant agreement (FFGA) to be executed to release a full Notice to Proceed to Balfour Beatty. FTA recently sent a letter to Caltrain noting that resolution of FFGA will not occur until at least April 2017. The contract for the manufacture of high-performance electric trains was awarded to Stadler US, Inc for $551 million The first electric trains were anticipated to be in service end of 2020 / early 2021. VTA continues to reimburse Caltrain for project related costs.

2000 Measure A Program 1-3 6.9.a 2000 Measure A Program Semi-Annual Report – December 2016 Executive Summary and Project Costs

Caltrain Service Upgrades

. Construction contract for the Santa Clara Caltrain Station Pedestrian Underpass Extension was advertised for bids in March 2016 and awarded to the apparent lowest bidder in June 2016. Field construction started in fall 2016 and is planned for completion by mid-2017.

Improve Bus Service in Major Corridors

. Construction of the Alum Rock Santa Clara Bus Rapid Transit (BRT) is currently ongoing with significant completion planned for March 2017. Revenue service using the dedicated busway is scheduled for April 2017.

. Design for new shelters, seating, lighting and other associated bus stop improvements for the Stevens Creek Rapid 523 was completed in September 2016 and advertised for bids in October 2016. The contract was re-advertised in January 2017 as the bids received were significantly higher than the engineers estimate. Scope was revised to remove real time information signs which is not a critical component to the project at this time. Construction is expected to start in spring 2017.

. While planning activities for an improved transit center at De Anza College are in its early stages, the Stelling Road bus stop improvement will serve as a solution to speed up travel time and accommodate increased transportation needs in the De Anza College area. Design for the interim Stelling Road bus stop improvements is expected to be completed in spring 2017 and construction scheduled in summer 2017.

Develop New Light Rail Corridor

. In June 2016, VTA Board approved funding to advance final design and right of way acquisition for the Vasona Light Rail Extension/Double Track project. VTA Board also authorized the General Manager to execute all documents required for VTA’s acquisition of right of way for the Vasona Light Rail Extension/Double Track project. Request for Proposal (RFP) for final design is expected to be issued in spring 2017 and awarded by summer of 2017. Construction phase is dependent on securing funding.

. The SR 85 Major Transit Investment Study will analyze implementation of a Light Rail System (LRT) on SR 85 from San Jose to Mountain View along with other transit guideway alternatives such as Bus Rapid Transit (BRT). RFP was issued in December 2016 and the study will be completed by December 2017.

2000 Measure A Program 1-4 6.9.a 2000 Measure A Program Semi-Annual Report – December 2016 Executive Summary and Project Costs

B. PROJECT COSTS

Figure 1.1, on page 1-7, shows the incurred costs for each of the 14 transit projects/program areas as identified in the 2000 Measure A sales tax.

2000 Measure A Programwide Programwide costs are incurred when activities are performed that provide either an indirect benefit to multiple projects or provide benefit to the overall 2000 Measure A Program. There are five programwide cost components to the 2000 Measure A Program:

. Capitalized Interest and Bond Costs . Non-Capitalized Interest and Bond Costs . Programwide Expenses . VTA Operating Assistance . Miscellaneous Operating Expenses

Interest and Bond Costs Interest and Bond Costs represent interest and other bond charges (net of interest earned on bond proceeds) related to 2000 Measure A Sales Tax Revenue Bonds. Other bond charges include periodic fees related to variable rate bonds, including liquidity, remarketing, trustee and rating fees.

Capitalized interest/bond charges need to be associated with the assets that were funded by the bond proceeds. In accordance with Financial Accounting Standards Board (FASB) 62, capitalized interest related to restricted assets should be net of the interest income earned by the reinvested bond proceeds. Costs are allocated directly to specific projects based on the prorata share of bond proceeds used to fund expenditures on a quarterly basis. These costs will continue to be allocated directly to project expenditures until the bonds are repaid in full or until such projects are completed, whichever comes first.

Non-Capitalized interest/bond charges represent the bond costs allocated to projects that have been completed as well as the costs associated with Taxable Build America Bonds proceeds that have not yet been drawn down.

Bonds were initially issued beginning in 2003, prior to the start of the 2000 Measure A Sales Tax, in order to advance the SVRT, Commuter Rail, and Light Rail programs prior to sales tax revenue collections. Currently there are approximately $906.3 million in 2000 Measure A Sales Tax Revenue Bonds outstanding.

Programwide Expenses Programwide expenses include preparation of progress and cost reports and other general project related tasks that are not attributable to individual projects. On a quarterly basis, the programwide expenses are allocated to individual projects based on the incremental costs of the projects during the quarter. The allocation is necessary to associate the costs to the individual projects that were benefited by the incurrence of the programwide costs.

2000 Measure A Program 1-5 6.9.a 2000 Measure A Program Semi-Annual Report – December 2016 Executive Summary and Project Costs

VTA Operating Assistance 18.46% of the Measure A Sales Tax revenue is used in support of VTA operations. Through December 31, 2016, a cumulative total of $338.4 million has been expended for this purpose.

Miscellaneous Operating Expenses Miscellaneous Operating Expenses represent expenditures related to the ongoing costs of administering the overall Measure A program. These expenses include financial forecasting, investment consultants, annual financial audit preparation, election fees, publication of annual financial audits and public hearings conducted by the 2000 Measure A Citizen’s Watchdog Committee, and other general tasks.

2000 Measure A Program 1-6 6.9.a 2000 Measure A Program Semi-Annual Report – December 2016 Executive Summary and Project Costs

Figure 1.1 – Incurred Cost

$ in millions Incurred Cost Incurred Cost Incurred Cost This Project Thorugh Jun 2016 Thorugh Dec 2016 Period A B C = A-B 1-Extend BART from Fremont through Milpitas to Downtown San Jose and the Santa Clara Caltrain Station 1-1 BART SV Program Development, Implementation & Warm Springs $ 398.1 $ 404.0 $ 5.9 1-2 BART SV Corridor Establishment and Maintenance (CEM) $ 427.3 $ 433.0 $ 5.7 1-3 BART Silicon Valley Berryessa Extension $ 1,547.9 $ 1,726.4 $ 178.5 1-4 BART Silicon Valley Santa Clara Extension $ 171.1 $ 173.4 $ 2.3 $ - 1-5 BART Core System Modifications (BCS) $ 122.5 $ 129.8 $ 7.3 1-6 BART Other Supporting Projects $ 85.1 $ 86.1 $ 1.0 Total $ 2,752.0 $ 2,952.7 $ 200.7 2 - Provide Connections from Mineta San Jose International Airport to BART, Caltrain and VTA Light Rail Mineta San Jose Airport People Mover (APM) $ 2.0 $ 2.1 $ 0.0 3- Extend Light Rail From Downtown San Jose to the East Valley DTEV Planning & Conceptual Engg/DTEV Environmental & 90% CELR $ 64.5 $ 65.1 $ 0.5 CELR Phase I - Pedestrian Improvements $ 19.0 $ 19.0 $ - CELR Phase I - Eastridge Transit Center $ 57.5 $ 58.1 $ 0.5 CELR Phase II - LRT to Eastridge $ - $ 0.2 $ 0.2 Total $ 141.0 $ 142.3 $ 1.2 4 - Purchase Low-Floor Light Rail Vehicles 70 Low-Floor Light Rail Vehicles $ 200.6 $ 200.6 $ 0.0 5 - Improve Caltrain: Double Track to Gilroy and Electrify from Palo Alto to Gilroy Caltrain South County Capacity Improvements $ 17.2 $ 17.2 $ - Caltrain Electrification (VTA Share) $ 47.1 $ 48.3 $ 1.1 Total $ 64.4 $ 65.5 $ 1.1 6- Increase Caltrain Service Caltrain Improvement Plan/Caltrain Service Upgrades $ 16.1 $ 16.3 $ 0.2 Caltrain Mountain View Parking Structure $ 0.3 $ 0.3 $ - Blossom Hill Pedestrian Grade Separation $ 10.9 $ 11.0 $ 0.1 Caltrain Safety Enhancements $ 15.7 $ 15.7 $ - Santa Clara Station Pedestrian Underpass Extension $ 3.0 $ 5.3 $ 2.3 Santa Clara and Upgrade $ 12.2 $ 12.2 $ - Bike Sharing Pilot Project $ 0.8 $ 0.8 $ 0.0 Total $ 59.2 $ 61.8 $ 2.6 7 - Construct a New Palo Alto Intermodal Transit Center Palo Alto Intermodal Transit Center $ 0.2 $ 0.2 $ 0.0 8 - Improve Bus Service in Major Bus Corridors BRT Alternative Analysis/ BRT Strategic Plan $ 2.2 $ 2.2 $ - Alum Rock - Santa Clara Bus Rapid Transit $ 97.9 $ 115.9 $ 18.0 Stevens Creek Bus Rapid Transit $ 3.5 $ 3.6 $ 0.1 El Camino Real Bus Rapid Transit $ 10.5 $ 10.5 $ 0.0 Procurement of BRT Articulated Buses $ 32.1 $ 32.2 $ 0.1 Modifications to Chaboya and North Division for BRT Buses $ 2.1 $ 2.1 $ 0.1 Money Counting Facility Replacement $ 0.1 $ 0.1 $ - De Anza College Transit Center Improvement $ 0.1 $ 0.2 $ 0.1 Rapid 523 Bus Stop Improvements $ 0.0 $ 0.2 $ 0.2 Stelling Road Bus Stop Improvement $ - $ - $ - $ - Total $ 148.5 $ 167.2 $ 18.7 9 - Upgrade Altamont Commuter Express (ACE) Included in Santa Clara and San Jose Diridon Station Upgrade $ - $ - $ - 10 - Improve Highway 17 Express Bus Service Highway 17 Bus Service Improvements $ 2.5 $ 2.5 $ 0.0 11 - Connect Caltrain with Dumbarton Rail Corridor Dumbarton Rail Corridor $ 2.3 $ 2.3 $ 0.0 12 - Purchase Zero-Emission Buses and Construct Service Facilities 3 Zero Emission Buses (Pilot Program) $ 14.7 $ 14.7 $ 0.0 Zero Emission Buses Facility Improvements $ 4.8 $ 4.8 $ 0.0 Total $ 19.4 $ 19.4 $ 0.0 13 - Develop New Light Rail Corridors New Rail Corridors Study $ 1.0 $ 1.1 $ 0.1 Light Rail Systems Analysis $ 1.7 $ 1.7 $ - Southern Light Rail Express $ 1.1 $ 1.1 $ - LRT Extension to Vasona Junction $ 0.9 $ 0.9 $ - Winchester LR Double Track & Platform Extension $ - $ 0.0 $ 0.0 SR 85 Major Transit Investment Study $ - $ 0.0 $ 0.0 Total $ 4.7 $ 4.8 $ 0.1 14 - Fund Operating and Maintenance Cost for Increased Bus, Rail and Paratransit Service Fund Operating and Maintenance Costs $ 318.4 $ 338.4 $ 20.0 Other Expenditures Debt Service on Current Bonds (incl principal, interest & other bond costs) $ 298.5 $ 304.9 $ 6.4 Fund Exchange Payments $ 99.5 $ 101.4 $ 2.0 Miscellaneous Operating Expenses $ 8.3 $ 9.2 $ 0.9 Total $ 406.3 $ 415.6 $ 9.3 GRAND TOTAL $ 4,121.5 $ 4,375.3 $ 253.8

2000 Measure A Program 1-7 6.9.a 2000 Measure A Program Semi-Annual Report – December 2016 Executive Summary and Project Costs

C. MEASURE A FUND EXCHANGE

State law guarantees Santa Clara County a formula share of the State Transportation Improvement Program (STIP) over a six-year period. State law and regional policy make the VTA Board of Directors responsible for determining which eligible transportation projects will receive those funds.

The VTA Board of Directors, at its June 7, 2007, and December 13, 2007 meetings approved the exchange of STIP grant funds for Measure A funds and programmed STIP funds to Measure A projects in exchange for an equivalent amount of 2000 Measure A Sales Tax funds. The exchange of funds creates the Local Program Reserve (LPR) which allows the Board of Directors to use those funds to program to other transportation projects. The Board approved the fund exchange because it:

. Accelerates Project Delivery and Reduces Administrative Costs - STIP funds come with substantial state requirements that impact schedule and cost of project delivery. The exchange of funds allows the Board to free the projects from costly administrative burdens.

. Enables the VTA Board to Manage Valley Transportation Plan (VTP) Expenditures - By exchanging STIP funds, the VTA Board eliminates the need for Metropolitan Transportation Commission (MTC) and the California Transportation Commission (CTC) to approve all STIP programming decisions after they are approved by the VTA Board. Further, it eliminates the CTC’s approval of all subsequent STIP fund allocations for all STIP funded projects.

A portion of the exchange funds will be used to pay interest to the Measure A Program for fund advances. The initial amount is paid back when the CTC allocates STIP funds to the Measure A projects and VTA draws the cash from the State. The interest will be calculated, and paid from the LPR account when (1) all STIP funds are drawn by the project and (2) all associated LPR funds are actually paid to projects. Interest will be calculated at that time as well, based on VTA's rates of return on its pooled investment accounts at the time the advances occurred.

Of note, the first three projects in the "Local Program Reserve Projects" table (Appendix B) qualified for CMIA funds only because we were able to use exchange funds to advance these projects. These CMIA projects are under construction.

These and other VTP Highway projects that utilize Measure A exchange funds are the subject of the VTP Highway Semi-Annual Report that goes as an information item to the VTA Board in twice each year.

2000 Measure A Program 1-8 6.9.a 2000 Measure A Program Semi-Annual Report – December 2016 Executive Summary and Project Costs

D. FUNDING

Funding is a key issue for many of the 2000 Measure A projects. As a consequence, in this report we refer to several terms associated with a project’s funding level. These terms, arranged in order of increasing certainty of funding availability, are as follows:

1. Estimated Cost – An estimate of the total cost of a project given the currently known scope and configuration of the project. In the case of projects where there is little or no scope definition, “TBD” (To be Determined) is shown. As the project is better defined, estimated cost figures will be included for these projects. In the individual project information sheets, we have included the “Estimate Class” in order to give an idea of the level of uncertainty associated with the estimated cost. A more detailed discussion of this topic is included in Appendix A.

2. Secured Funding – Funding that has been committed by funding agencies and is now available to VTA for project expenditures. In many cases, secured funding is at a lower level than the appropriation in the Adopted Budget. For these projects, it is anticipated that additional funding may be secured during the FY16/FY17 period. It is important to note that, regardless of the level of appropriation, actual expenditures will not exceed secured funding at any time.

2000 Measure A Program 1-9 6.9.a 2000 Measure A Program Semi-Annual Report – December 2016 Project Summary Reports

SECTION 2

PROJECT SUMMARY REPORTS

2000 Measure A Program

6.9.a

Silicon Valley Rapid Transit 6.9.a December 2016 1-1 BART SV Program Development & Warm Springs

Estimated Cost: $409.3 million** Secured Funding: $409.3 million** Year of Completion: TBD Project Description: Project Development Through FY09: When work began on VTA’s Silicon Valley Rapid Transit (SVRT) extension, environmental clearance and preliminary engineering was performed for the entire 16-mile extension. However, in 2009 this approach was changed to focus on the first 10 miles of the extension (SVBX), leading to the execution of a Full Funding Grant Agreement in 2012. Initial project development costs not transferred to the SVBX project as well as costs associated with previously allocated Measure A program-wide and bond costs still reside in this account. Project Development after FY09: SVRT program management, early Measure A program-wide allocations, and ongoing bond cost allocations are included here. Warms Springs Extension: VTA has assigned $8 million in State Local Partnership Program (SLPP) funds and $111.4 million in TCRP funds directly to BART for the project, and has provided an additional $8 million of Measure A funds to match the SLPP grant as well as $1 million of financing costs.

Project Status: Measure A matching funds attributable to the Warm Springs Extension have been paid. At this point, SVRT program management and allocations of Measure A bond costs are the only ongoing efforts. Project Cost:

Total Total Estimated Cost (in $M) Incurred through Dec 2016 (in $M) Project Status Estimate Others Measure A TBD Others Measure A Total BART SV Program Development and Implementation$ 280.4 $ 124.5 $ 155.9 -$ $ 124.5 $ 150.6 $ 275.1 Ongoing Warm Springs Extension (WSX) (VTA Share) $ 128.9 $ 119.4 $ 9.5 -$ $ 119.4 $ 9.5 $ 128.9 Construction

Project Schedule:

Activity Start End 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

Proj Dev. Through FY09 Early 2003 Mid 2009

Proj Dev. After FY09 Mid 2009 TBD

Warm Springs Extension Mid 2009 Early 2017

*P-0501 (portion) P-0502, P-0509 (portion), P-3101, P-0732 **Warm Springs Extension cost includes $8M in SLPP and $111.4M in TCRP grant funds designated directly to 2-1-1 BART. 6.9.a Silicon Valley Rapid Transit December 2016 1-2 BART SV Corridor Establishment and Maintenance

Estimated Cost: $470.5 million Secured Funding: $464.0 million Year of Completion: 2018

Project Description: . Relocate freight railroad from VTA-purchased right-of-way to existing UPRR right-of-way, between Warm Springs Yard and Calaveras Blvd. . Build a new railroad overcrossing structure at Mission Boulevard and a new roadway underpass at Warren Avenue and Kato Road, and sever shipper freight service south of Montague Expressway. . Construct flood control improvements at Berryessa Creek, Wrigley Creek, Scott Creek, Line B, and Agua Caliente. . Widen Montague Expressway and construct flood control improvements near the intersection of South Milpitas Blvd. . Environmental clearance and final design of a pedestrian overcrossing (POC) that spans Montague Expressway and connects to the new Milpitas BART Station. . Construct a shared-use trail, a new traffic signal, and intersection improvements to connect to the Upper Penitencia Creek Trail. . Install a solar photovoltaic system on the roof of the Berryessa Station parking garage, adjacent to the future BART station.

Project Status: . The Chevron petroleum pipelines relocation, SFPP/Kinder- Morgan petroleum pipeline relocation, and Verizon/MCI fiber optic relocation have been completed. . The Berryessa Creek crossing, Abel Street Seismic Retrofit, and Railroad Relocation contract has been completed. . On the Mission Boulevard/Warren Avenue/Union Pacific Railroad Relocation Construction contract, Warren Avenue was opened to traffic in August 2014. Mission Boulevard was fully opened to traffic in Spring 2015. Creek work was completed in 2011/2012. . The Kato Grade Separation was opened to traffic in April 2013. . The Montague Expressway Reconstruction Project is underway with Montague Expressway (north lanes) and existing South Milpitas Boulevard underground utility installation, and roadway construction, continuing. . The Montague POC design contract is in the procurement stage. Cost sharing arrangements are being negotiated with the City of Milpitas. . Construction of the Upper Penitencia Creek Trail began in June 2016, with utility relocations complete and intersection improvements for the signalized trail crossing on King Road at Salamoni Court being finalized. The Upper Penitencia Creek Trail paving is complete. . The Berryessa Station photo-voltaic (solar) power system has been installed.

Project Cost:

Total Total Estimated Cost (in $M) Incurred through Dec 2016 (in $M) Project Status Estimate Others Measure A TBD Others Measure A Total BART SV Corridor Establishment and Maintenance$ 470.5 $ 157.8 $ 312.7 -$ $ 131.0 $ 302.0 $ 433.0 Ongoing

Project Schedule:

Activity Start End 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Design Early 2008 Late 2017 Utility Relocations Mid 2008 Mid 2017 Construction Early 2009 Late 2017

*P-3100, P-3121 through P-3129, P-0508, P-0832, P-0890, P-0985, P-0992 2-1-2 6.9.a Silicon Valley Rapid Transit December 2016 1-3 Berryessa Extension Project SVBX – Phase 1

Estimated Cost: $2,421.3 million Secured Funding: $2,421.3 million Year of Completion: 2018

Project Description: The first phase of VTA’s 16.1-mile Silicon Valley Rapid Transit (SVRT) extension of BART, the Berryessa Extension (SVBX) is an approximately ten-mile extension of BART service. SVBX extends from the Warm Springs Station in the City of Fremont, proceeds on the former Union Pacific Railroad (UPRR) right-of-way, and ends near Las Plumas Avenue in the City of San Jose. The SVBX Project includes one station in retained-cut () and one above-grade station (Berryessa Station). The project also includes facility additions to BART’s existing Hayward Yard (located in the City of Hayward, approximately 14 miles north of Santa Clara County) to provide fleet management operations for the revenue vehicles procured by BART for the extension, as well as the purchase of 40 BART vehicles. Project Status: Guideway and Trackwork: Track installation was completed for the entire SVBX project, and completion is nearing for contact rail and coverboard. Stations: Building interior, mechanical/electrical/plumbing installation and elevator testing is underway at both the Berryessa and Milpitas sites. Façade installation and Parking Access and Revenue Collection System lane acceptance testing has been completed at both sites. Building interior and mechanical/electrical/plumbing installation continued at the Police Zone Facility and Ancillary Building. The Berryessa Station plaza decorative concrete was completed and work continued on roadway improvements at Lenfest Road and King Road/McKee Road. Systems: Systems and communications installation and testing took place along the entire SVBX alignment, including the first limited dynamic train testing. Work on the VTA Communication Backbone Network contract (C671) is underway. BART Revenue Vehicles: BART has received all ten pilot vehicles, and qualification testing at the District Test Track is in progress, as well as train operator training. Project Cost:

Total Total Estimated Cost (in $M) Incurred through Dec 2016 (in $M) Project Status Estimate Others Measure A TBD Others Measure A Total Berryessa Extension Project (SVBX - Ph I) $ 2,421.3 $ 1,343.6 $ 1,077.7 -$ $ 999.6 $ 726.8 $ 1,726.4 Construction

Project Schedule: Activity Start End 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Environmental Early 2004 Early 2011 Design Early 2004 Mid 2015 Right-of-Way Mid 2007 Mid 2015 Construction Mid 2012 Late 2017 Testing and Commissioning Mid 2017 Mid 2018 Revenue Service Mid 2018 N/A

**P-0728 2-1-3 6.9.a Silicon Valley Rapid Transit December 2016 1-4 Future Extension to Santa Clara – Phase II and NMF

Estimated Cost: $4,692.7 million Secured Funding: $223.7 million Year of Completion: 2026 Project Description: The second phase of VTA’s 16.1-mile Silicon Valley Rapid Transit (SVRT) extension of BART, the Santa Clara Extension is an approximately six-mile extension of BART service. Phase II of the project will include four stations and will extend from the Phase I terminus for approximately six miles, with a five-mile-long subway tunnel through downtown San Jose. The extension will end at-grade in Santa Clara, near the Caltrain Station. The project also includes the construction of a maintenance facility at the current Newhall Yard, the Newhall Maintenance Facility (NMF), as well as the purchase of 48 BART vehicles.

Project Status: The single-bore technical study is underway. The team met with BART staff in mid-December 2016 to review progress on contract tasks before the draft study is completed. In January 2017, the draft study will be shared and reviewed with BART. It is anticipated that the final study will be completed in the first quarter of 2017. The Draft SEIR/SEIS was released in late December 2016. Phase II Community Working Group meetings continue to be held. In January 2017, the Phase II Community Working Groups will receive a preview of key environmental document elements prior to the public meetings.

Project Cost:

Total Total Estimated Cost (in $M) Incurred through Dec 2016 (in $M) Project Status Estimate Others Measure A TBD Others Measure A Total Future Extension to Santa Clara (SVSX - Ph II) $ 4,304.4 $ 135.1 $ 1,424.5 $ 2,744.8 $ 135.1 $ 12.4 $ 147.5 Under Development Newhall Maintenance Facility (NMF) $ 388.3 $ 25.4 $ 0.5 $ 362.4 $ 25.4 $ 0.5 $ 25.9 Under Development Total $ 4,692.7 $ 160.5 $ 1,425.0 $ 3,107.2 $ 160.5 $ 12.9 $ 173.4

Project Schedule:

Activity Start End 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Environmental Early 2015 Late 2017 Design Late 2017 Mid 2019 Right-of-Way Early 2018 Late 2021 Construction Mid 2018 Late 2025 Testing and Commissioning Late 2024 Mid 2026 Revenue Service Mid 2026 N/A

** P-0501 (portion), P-0503 through P-0507, P-0509 (portion) 2-1-4 6.9.a Silicon Valley Rapid Transit December 2016 1-5 BART Core Systems Modifications (BCS)

Estimated Cost: $264.6 million Secured Funding: $264.6 million Year of Completion: 2018

Project Description: Some modifications to the BART Hayward Maintenance Complex (HMC) are required due to greater demands arising from the Berryessa Extension. This project includes property acquisition and construction of several shop buildings. 60 BART rail cars are required for SVBX. 40 of these vehicles are included in SVBX. This project covers the purchase of the additional 20 railcars required to integrate into BART. New BART Vehicle

Under the Comprehensive Agreement between VTA and BART covering the extension to Santa Clara County, VTA committed to pay a proportional share of BART Core System capital investments made by BART that are used by the SVRT extension. A key element of this effort is the new BART Operations Control Center (OCC), to which VTA is contributing funds.

Hayward Maintenance Complex (HMC) Site Plan Project Status: On the Hayward Maintenance Complex (HMC), for the new Component Repair Facility, the last roof truss has been installed and steel erection work has been completed. Work continues inside the Main Shop for the installation of three new lifts, and work is continuing in the Hayward Shop North Yard as part of the required trackwork modifications for access to the new lifts. Separate procurement contracts for owner furnished trackwork material have been completed. On the 20 Non-New Starts BART Vehicles, BART has received all ten pilot vehicles, and qualification testing at the District Test Track is in progress, as well as train operator training. VTA and BART have finalized an agreement for a new BART Operations Control Center (OCC). VTA and BART will execute the agreement after BART completes the environmental review for OCC project.

Project Cost:

Total Total Estimated Cost (in $M) Incurred through Dec 2016 (in $M) Project Status Estimate Others Measure A TBD Others Measure A Total BART Core System Modifications (BCS) $ 264.6 $ 69.8 $ 194.8 -$ $ 57.2 $ 72.6 $ 129.8 Construction Total $ 264.6 $ 69.8 $ 194.8 -$ $ 57.2 $ 72.6 $ 129.8 Project Schedule:

Activity Start End 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Hayward Maintenance Complex (HMC) Design Mid 2011 Late 2014 Right-of-Way Mid 2013 Mid 2015 Construction Early 2015 Early 2018 20 Non-New Starts BART Vehicles Design Mid 2012 Late 2014 Pilot Vehicle Delivery Early 2016 Late 2016 Production Vehicle Delivery Mid 2017 Late 2025 BART Core Sytems Mod's Incl OCC Schedule TBD TBDTBD

** P-0800, P-0801, P-0861 2-1-5 December6.9.a 2016 Extend BART from Fremont through Milpitas to Downtown San Jose and the Santa Clara Caltrain Station

1-6 - Other Supporting Projects

Estimated Cost: $102.4 million Secured Funding: $102.4 million Year of Completion: 2018

Project Description: The Santa Clara Pocket Track project installed additional track and supporting infrastructure so one track can be used as a pocket track to store additional cars on Tasman, near Old Ironsides Station, in the City of Santa Clara. Northern Light Rail Express implemented a series of improvements including double-tracking in Mountain View to establish a new line from Mountain View to Alum Rock to connect with Caltrain and the new Milpitas BART Station, commensurate with the opening of the BART Silicon Valley Berryessa extension.

The N. First St. Improvement & Tasman Modification project will construct improvements to increase Light Rail Transit (LRT) speeds along the North First Street corridor to 45 miles per hour. Project Status: The Santa Clara Pocket Track construction started in February 2014 and was completed in early 2015. Project is currently being closed out. The Northern Light Rail Express (Mountain View Double Track Phase I) construction contract was awarded in August 2014 and field construction started in September 2014. Phase II construction contract was awarded in January 2015. All major construction under both contracts was completed in December 2015. Construction contracts have been closed out and project closeout is ongoing. Project team is currently reviewing alternatives, and developing conceptual plans and estimates for the N. First St. Improvement & Tasman Modification project.

Project Cost: Total Total Estimated Cost (in $M) Incurred through Dec 2016 (in $M) Project Status Estimate Others Measure A TBD Others Measure A Total King Road BRT $ 3.0 -$ $ 3.0 -$ -$ $ 0.4 $ 0.4 Ongoing Northern Light Rail Express $ 61.0 $ 8.0 $ 53.0 -$ $ 8.0 $ 48.9 $ 56.9 Ongoing Santa Clara Pocket Track $ 30.6 -$ $ 30.6 -$ -$ $ 28.3 $ 28.3 Ongoing BART Transit Integration Plan $ 0.8 -$ $ 0.8 -$ -$ $ 0.4 $ 0.4 Ongoing N.1st Speed Imp & 1st/Tasman Mods $ 7.0 $ 1.1 $ 0.9 $ 5.0 -$ $ 0.0 $ 0.0 Ongoing Total $ 102.4 $ 9.1 $ 88.3 $ 5.0 $ 8.0 $ 78.1 $ 86.1

Project Schedule:

Activity Start End 2011 2012 2013 2014 2015 2016 2017 2018

Santa Clara Pocket Track Late 2012 Early 2015

Mountain View Phase I Early 2013 End 2015

Mountain View Phase II Mid 2013 End 2015

N First St Improvements & Tasman Mods Late 2015 Mid 2018

Environmental Design/ Bid Construction P-0783, P-0784, P-0860, P-0875, P-0966 2-1-6 6.9.a Mineta San Jose Airport December 2016 2 Mineta San Jose Airport People Mover

Estimated Cost: $800 million Secured Funding: $5.0 million Year of Completion: TBD

Project Description: The Airport People Mover Project will provide a guideway connection from the San Jose International Airport to the Caltrain, Bus Rapid Transit (BRT), and future BART stations at the Santa Clara Transit Center, and the VTA Light Rail on North First Street.

Project Status: The Airport People Mover project has completed a conceptual vehicle technology level analysis. June 2016 VTA Board approved additional funds for Conceptual Alternatives Analysis phase in order to further define the route options, type of vehicle technology and to develop a funding/ business plan. The Conceptual Alternative Analysis would also include evaluation of a link between Diridon Station and airport facilities. Staff believes that this project will require a partnership between several agencies including the City of San Jose, City of Santa Clara, San Jose Airport, High Speed Rail and likely the private sector in order to develop and fund a fixed rail connection to the airport.

Project Cost:

Total Total Estimated Cost (in $M) Incurred through Dec 2016 (in $M) Project Status Estimate Others Measure A TBD Others Measure A Total Mineta San Jose Airport People Mover (APM) $ 800.0 -$ $ 5.0 $ 795.0 -$ $ 2.1 $ 2.1 Ongoing

Total $ 800.0 -$ $ 5.0 $ 795.0 -$ $ 2.1 $ 2.1

Project cost is very preliminary and can be better defined once scope is established. Project Schedule: A Request for Proposal (RFP) will be issued in 2017 to obtain a consultant for the conceptual alternatives analysis phase. This phase is expected to take twelve (12) months to complete. The schedule for subsequent activities will be established once this phase is completed.

P-0588 2-2 6.9.a December 2016 3 Capitol Expressway Light Rail to Eastridge

Estimated Cost: $520.9 million* Secured Funding: $223.3 million Year of Completion: Phase 1: 2015, Phase 2: 2022

Project Description: This project will transform Capitol Expressway into a multi- modal boulevard offering bus and light rail transit, and safe pedestrian pathways with connections to the regional trail system. Phase I includes pedestrian and bus improvements along Capitol Expressway to improve pedestrian access by adding sidewalks, street lights, and landscaping from Capitol Avenue to Quimby Road. This phase also includes reconstruction of the Eastridge Transit Center.

Phase II will extend light rail from Alum Rock Station to the Eastridge Transit Center with elevated structures at Capitol Avenue, Story Road, and Tully Road. The Eastridge extension will include LRT station at Story Road (aerial) and Eastridge (at-grade). Project Status: Phase I - The pedestrian improvements were completed in the spring of 2013. Eastridge Transit Center was completed in May 2015.

Phase II –In June 2016, VTA Board of Directors approved funding to complete design, acquire right of way and relocate utilities. Request for Proposal for final design was issued in November 2017 and is expected to be awarded in spring 2017. A revised draft supplemental Environmental Impact Statement was submitted to FTA. Record of decision is expected in Fall 2017. Right of Way Acquisition and Utility Relocation is expected to be completed by 2018. Construction is expected to begin in early 2019. Construction phase is dependent on securing funding. Project Cost: Total Total Estimated Cost (in $M) Incurred through Dec 2016 (in $M) Project Status Estimate Others Measure A TBD Others Measure A Total DTEV Planning & Conceptual Engg $ 11.1 $ 5.7 $ 5.3 -$ $ 5.7 $ 5.3 $ 11.1 Completed DTEV Environmental & 90% CELR $ 54.0 $ 0.2 $ 53.8 -$ $ 0.2 $ 53.8 $ 54.0 Ongoing CELR Phase I - Pedestrian Improvements $ 19.0 $ 16.0 $ 3.0 -$ $ 16.0 $ 3.0 $ 19.0 Completed CELR Phase I - Eastridge Transit Center $ 59.9 $ 26.9 $ 33.0 -$ $ 26.9 $ 31.2 $ 58.1 Closeout; Underrun projected CELR Phase II - LRT to Eastridge $ 376.9 $ 247.0 $ 129.9 -$ $ 0.2 $ 0.2 Ongoing

Total $ 520.9 $ 48.8 $ 342.2 $ 129.9 $ 48.8 $ 93.5 $ 142.3

Project Schedule:

Activity 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Environmental Env. Impact Stmt. Sidewalk and Landscaping Eastridge Transit Center

CELR LR Extn Dependent on funding

Environmental Design/ Bid ROW Construction Closeout

2-3 * P-0375, P-0476, P-0743, P-0744, P-0787 6.9.a

4 Low Floor Light Rail Vehicles Estimated Cost: $200.6 million* Secured Funding: $200.6 million Year of Completion: 2004

Project Description: VTA purchased 70 low floor light rail vehicles to serve the entire VTA Light Rail system. Low floor vehicles provide enhanced ADA accessibility and improved service by minimizing boarding and exit times for all riders. Low floor light rail vehicles eliminate the need for wheelchair lifts and enhance access for all VTA riders, as well as providing additional space for bicycles.

Project Status: Project was completed and closed.

Project Cost:

Total Total Estimated Cost (in $M) Incurred through Dec 2016 (in $M) Project Status Estimate Others Measure A TBD Others Measure A Total 70 Low-Floor Light Rail Vehicles $ 200.6 $ 200.6 -$ -$ $ 200.6 -$ $ 200.6 Completed

Total $ 200.6 $ 200.6 -$ -$ $ 200.6 -$ $ 200.6

Project funded through a Board approved fund exchange between Santa Clara County, VTA and Measure A. Measure A costs incurred for this item reflected as a portion of Debt Service.

2-4 * P-0447 6.9.a December 2016 5- Caltrain – Capacity Improvements & Electrification

Estimated Cost: $1.5 billion (Total) $125.2 million (VTA) Secured Funding*: $105.2 million (VTA) Year of Completion: 2021

Project Description: Original scope included 8 miles of double tracking on the existing Union Pacific Railroad (UPRR) corridor between San Jose and Gilroy to increase Caltrain capacity. Caltrain from San Jose to San Francisco will be upgraded to an electric system in conjunction with the California High Speed Rail (CHSRA) Project. Project Status: Fiber optic cable relocation of the northern segment ($5.3 miles) required for double tracking was completed. Remaining scope is pending Cal Mod to San Jose and High Speed Rail project. The environmental process for electrification and new electric trains was completed in January 2015. On July 7, 2016, Caltrain Board of Directors approved $1.25 billion in contracts to begin work on the Peninsula Corridor Electrification Project (PCEP). The contract for design and construction of the corridor’s electrification between San Francisco station at 4th and King Streets and the Tamien Station in San Jose was awarded to Balfour Beatty Infrastructure, Inc. Caltrain is waiting for the Full-Funding Grant Agreement (FFGA) to be executed to release a full Notice to Proceed to Balfour Beatty. The contract for the manufacture of high-performance electric trains was awarded to Stadler US, Inc. Caltrain expects to begin rollout of electrified passenger service in winter 2020, schedule is dependent on funding. VTA continues to reimburse Caltrain for project related cost. Project Cost: Total Total Estimated Cost (in $M) Incurred through Dec 2016 (in $M) Project Status Estimate Others Measure A TBD Others Measure A Total Caltrain South County Capacity Improvements $ 17.2 $ 14.9 $ 2.3 -$ $ 14.9 $ 2.3 $ 17.2 Inactive Caltrain Electrification/ HS Rail $ 1.3 -$ $ 1.3 -$ -$ $ 0.6 $ 0.6 Ongoing Caltrain Electrification Early Investment Program $ 106.7 $ 26.4 $ 80.2 -$ $ 21.3 $ 21.3 Ongoing

Total $ 125.2 $ 41.3 $ 83.9 -$ $ 14.9 $ 24.2 $ 39.1 Project Schedule: Activity 2014 2015 2016 2017 2018 2019 2020 2021

Environmental

Design

Construction

Testing & Commissioning

Revenue Service

*P-0550, P-0595, P-0829 **Caltrain Electrification includes $26.4M in Prop 1A CTC grant funds designated directly to Caltrain 2-5 6.9.a December 2016 6 - Caltrain Service Upgrades

Estimated Cost: $71.9 million Secured Funding: $88.3 million Year of Completion: 2018 Project Description: Capital improvement projects to the Caltrain system with the goals of improving service, ridership and passenger accessibility. Project Status: . Caltrain Service Upgrades project is currently studying rescheduling the service to Gilroy and possible addition of fourth train. .Mountain View Parking – Project is inactive until right-of-way needs of High Speed Rail project are known, and the plan for future Caltrain capital and operating improvements is determined. . Blossom Hill Pedestrian Grade Separation – The bridge was opened to the public in September 2012. . Safety Enhancements Construction along the JPB segment is completed and design for approximately 15 crossings along the UPRR segment started in January 2012. Design for the next phase is complete, construction is pending High Speed Rail project. . Santa Clara Caltrain Station Pedestrian Underpass Extension - This project will provide an extended pedestrian tunnel under the UPRR tracks to Brokaw Road at the Santa Clara Station. Construction contract was awarded to Shimmick Construction in June 2016 and construction is planned for completion by mid-2017. . Santa Clara and Diridon Station Upgrades was administered by Caltrain and is now complete. Final invoice from Caltrain has been paid. . The Bike Share Pilot Program opened on August 29, 2013 with 280 bicycles and 28 bike share stations at Caltrain stations and downtown areas in the cities of San Jose, Mountain View, and Palo Alto. The grant-funded pilot concluded in June 2016. Post-pilot expansion will occur in select cities, including San Jose, and will be funded by a private company. Project Cost: Total Total Estimated Cost (in $M) Incurred through Dec 2016 (in $M) Project Status Estimate Others Measure A TBD Others Measure A Total Caltrain Service Upgrades $ 16.5 -$ $ 16.5 -$ -$ $ 16.0 $ 16.0 Ongoing Caltrain Improvement Plan $ 0.3 -$ $ 0.3 -$ -$ $ 0.3 $ 0.3 Completed Caltrain Mountain View Parking Structure $ 0.3 $ 0.1 $ 0.2 -$ $ 0.1 $ 0.2 $ 0.3 Inactive; on hold Blossom Hill Pedestrian Grade Separation $ 12.1 $ 9.9 $ 1.6 $ 0.5 $ 9.7 $ 1.4 $ 11.0 Completed; Closeout -in claim Caltrain Safety Enhancements $ 15.8 $ 0.1 $ 15.7 -$ $ 0.1 $ 15.6 $ 15.7 Next phase dependent on electrification/HSR Santa Clara Station Pedestrian Underpass Extension $ 13.8 $ 13.0 $ 0.7 -$ $ 4.6 $ 0.7 $ 5.3 Ongoing Santa Clara and San Jose Diridon Station Upgrade $ 12.2 -$ $ 12.2 -$ -$ $ 12.2 $ 12.2 Completed Bike Sharing Pilot Project $ 0.9 $ 0.6 $ 0.3 -$ $ 0.6 $ 0.2 $ 0.8 Ongoing

Total $ 71.9 $ 23.8 $ 47.6 $ 0.5 $ 15.1 $ 46.7 $ 61.8

Project Schedule:

Activity Start End 2010 2011 2012 2013 2014 2015 2016 2017 2018

Santa Clara Station Ped UC Design/Bid/Award Mid 2010 Mid 2016 Santa Clara Station Ped UC Construction/Closeout Mid 2016 Early 2018

2-6 P-0511, P-0553, P-0740, P-3201 through P-3205 6.9.a

7 - Palo Alto Intermodal Transit Center

Estimated Cost: $TBD* Secured Funding: $0.2 million Year of Completion: TBD; Studies completed: 2004

Project Description: This project will create an intermodal facility for trains, buses, bicycles, autos and pedestrians, and act as a gateway to both Downtown Palo Alto and Stanford University. This project is inactive, as significant issues related to the High Speed Rail project will need to be resolved before further planning work can proceed for this project.

Project Status: Project is inactive/ on hold. Project Cost:

Total Total Estimated Cost (in $M) Incurred through Dec 2016 (in $M) Project Status Estimate Others Measure A TBD Others Measure A Total Palo Alto Intermodal Transit Center $ 0.2 $ 0.2 $ 0.0 -$ $ 0.2 $ 0.0 $ 0.2 Inactive; on hold

Total $ 0.2 $ 0.2 $ 0.0 -$ $ 0.2 $ 0.0 $ 0.2

Project on hold. Completed project studies.

Project Schedule: Project on hold

2-7 P-0529 6.9.a December 2016 8 Bus Rapid Transit Estimated Cost: $616.8 million Secured Funding: $264.2 million* Year of Completion: TBD Project Description: Bus Rapid Transit (BRT) is an enhanced bus transit service that offers many of the same service attributes as rail transit, such as specialized vehicles, large stations, real-time information, and more frequent and reliable operations. Project Status: Construction of the Alum Rock Santa Clara Bus Rapid Transit (BRT) is currently ongoing with significant completion by March 2017. Revenue service in the busway is scheduled for April 2017. The El Camino Real Rapid Transit Policy Advisory Board of VTA is exploring new project alternatives in an effort to identify a project design that will attract widespread support from the corridor cities. Construction contract for new shelters, seating, lighting and other associated bus stop improvements for the Stevens Creek Rapid 523 will be re-advertised in January 2017 and is expected to be awarded at the April VTA Board meeting. While planning activities for an improved transit center at De Anza College are in its early stages, the Stelling Road bus stop improvement will serve as a solution to speed up travel time and accommodate increased transportation needs in the De Anza College area that will effectively result from implementation of the Rapid 523 line. Options are being developed for the King Road/Alum Rock northbound bus stops. Modifications at Chaboya/North Divisions Phase I (North Yard) were completed in March 2015. RFP for design services for Phase II involving modifications to the Chaboya Yard is planned for summer 2017. Articulated Buses (29 units) have been accepted by VTA and are starting to be used for special event service. An option for 20 additional buses to operate on the Stevens Creek corridor is also available and is being considered. Project Cost:

Total Total Estimated Cost (in $M) Incurred through Dec 2016 (in $M) Project Status Estimate Others Measure A TBD Others Measure A Total BRT Strategic Plan $ 1.3 -$ $ 1.3 -$ -$ $ 1.3 $ 1.3 Completed Highway-Based BRT Alternative Analysis $ 0.9 $ 0.7 $ 0.2 -$ $ 0.7 $ 0.2 $ 0.9 Completed Alum Rock - Santa Clara Bus Rapid Transit $ 148.1 $ 90.7 $ 57.4 $ 79.2 $ 36.7 $ 115.9 Ongoing Stevens Creek Bus Rapid Transit $ 151.0 $ 0.8 $ 3.6 $ 146.6 $ 0.6 $ 3.0 $ 3.6 Contingent on funding El Camino Real Bus Rapid Transit $ 229.0 -$ $ 15.0 $ 214.0 -$ $ 10.5 $ 10.5 Ongoing; Est. depends on LPA Procurement of BRT Articulated Buses $ 57.7 $ 19.5 $ 38.1 -$ $ 18.7 $ 13.5 $ 32.2 Ongoing Modifications to Chaboya and North Division for BRT Buses $ 14.4 -$ $ 14.4 -$ -$ $ 2.1 $ 2.1 Ongoing Money Counting Facility Replacement $ 0.1 -$ $ 0.1 -$ -$ $ 0.1 $ 0.1 Closed De Anza College Transit Center Improvement $ 8.4 -$ $ 8.4 -$ -$ $ 0.2 $ 0.2 Ongoing Rapid 523 Bus Stop Improvements $ 3.9 $ 0.7 $ 3.2 -$ $ 0.0 $ 0.2 $ 0.2 Ongoing Stelling Road Bus Stop Improvement $ 1.6 $ 0.1 $ 1.5 -$ -$ -$ -$ Ongoing

Total $ 616.8 $ 112.5 $ 143.3 $ 360.6 $ 99.2 $ 67.9 $ 167.2

* P-0551,P-0725, P-0475, P-0715, P-0717, P-0719, P-0785, P-0786, P-0967, P-0998, P-1008 2-8 6.9.a

9 Upgrade Altamont Commuter Express (ACE)

Estimated Cost: $10.0 million* Secured Funding: $0.0 million Year of Completion: 2013

Project Description: ACE provides weekday commute service between Stockton and San Jose to three stations in Santa Clara County: Great America, Santa Clara, and Downtown San Jose. Work was completed in 2012.

Project Status: Closed.

Project Cost:

Total Total Estimated Cost (in $M) Incurred through Dec 2016 (in $M) Project Status Estimate Others Measure A TBD Others Measure A Total Included in Santa Clara and San Jose Diridon Station Upgrade $ - -$ -$ -$ -$ -$ -$ Included in SC/SJ Station Upgrade

Total -$ -$ -$ -$ -$ -$ -$

* A $10 million Measure A contribution to the $26 million Santa Clara Station project was approved and included in the Caltrain Service Upgrades project for improvements to the Santa Clara Station to allow ACE trains to stop at the station.

Project Schedule: Project completed in 2013.

2-9 P-0590 6.9.a

10 - Highway 17 Bus Service Improvements

Estimated Cost: $2.5 million* Secured Funding: $2.5 million Year of Completion: 2011

Project Description: VTA reimbursed Santa Cruz Metro $2.5 million for the procurement of five buses necessary to operate service between Santa Cruz, Scott Valley, and Downtown San Jose. These buses replaced existing buses that are 20 years old, with an average of 950,000 miles each. The five buses went into service in March/April 2011.

Project Status: Project closed.

Project Cost:

Total Total Estimated Cost (in $M) Incurred through Dec 2016 (in $M) Project Status Estimate Others Measure A TBD Others Measure A Total Highway 17 Bus Service Improvements $ 2.5 -$ $ 2.5 -$ -$ $ 2.5 $ 2.5 Completed

Total $ 2.5 -$ $ 2.5 -$ -$ $ 2.5 $ 2.5

Project Schedule: Project completed in 2011.

2-10 P-0589 Commuter Rail Program 6.9.a December 2016 11 Dumbarton Rail Corridor

Estimated Cost: TBD Secured Funding: $2.3 million (VTA) Year of Completion: TBD

Project Description: The project will rehabilitate rail bridges and tracks that span the bay between Redwood City and Newark and make improvements to existing tracks in Union City and Fremont. The project will involve the construction of two new rail stations at Menlo Park and Newark, as well as upgrades to the Fremont Centerville Station and a new intermodal station at the Union City BART station.

Project Status: Environmental/Design: Based on the detailed cost estimate prepared by the Peninsula Corridor Joint Powers Board (JPB), the project is now projected to cost between $700 million and $1 billion. Environmental information was prepared but due to funding constraints, an Environmental Impact Report (EIR) was not completed. Operational funds and an operator have yet to be identified for the proposed service. This Project is currently inactive.

Project Cost:

Total Total Estimated Cost (in $M) Incurred through Dec 2016 (in $M) Project Status Estimate Others Measure A TBD Others Measure A Total Dumbarton Rail Corridor $ 2.3 -$ $ 2.3 -$ -$ $ 2.3 $ 2.3 Inactive; on hold Total $ 2.3 -$ $ 2.3 -$ -$ $ 2.3 $ 2.3

Project Schedule:

Activity Start End 2006 2007 2008 2009 2010 2011 2012 2013

Environmental Late 2006 Mid 2013

Design Project development will proceed on a schedule consistent with available funding. Construction

P-0498 2-11 6.9.a

12 ZEB Demonstration and Facility Improvements

Estimated Cost: $19.5 million* Secured Funding: $19.5 million Year of Completion: 2005

Project Description: VTA procured three 40-foot low-floor zero-emission fuel-cell bus (ZEB) to comply with California Air Resources Board’s (CARB) regulation to reduce nitrogen oxide and particulate matter emitted by public transit buses. Facilities were modified, a hydrogen fueling station was installed, and training was provided for staff, emergency responders, and others. The three ZEBs started revenue service in February 2005. Project is closed.

Project Status: Closed.

Project Cost:

Total Total Estimated Cost (in $M) Incurred through Dec 2016 (in $M) Project Status Estimate Others Measure A TBD Others Measure A Total 3 Zero Emission Buses (Pilot Program) $ 14.7 $ 11.5 $ 3.2 -$ $ 11.4 $ 3.2 $ 14.7 Completed Zero Emission Buses Facility Improvements $ 4.8 $ 2.4 $ 2.4 -$ $ 2.4 $ 2.4 $ 4.8 Completed Total $ 19.5 $ 13.9 $ 5.6 -$ $ 13.9 $ 5.6 $ 19.4

Project Schedule: Project completed in 2005

2-12 P-0336; P-0449 Light Rail Program 6.9.a December 2016 13 - Develop New Light Rail Corridors Estimated Cost: $353.3 million* Secured Funding: $49.3 million Year of Completion: Varies Description: The VTA Board adopted the Light Rail Systems Analysis in May 2010. The Systems Analysis provides an evaluation of infrastructure and operational shortcomings of the existing light rail system along with a three-phase improvement plan for immediate action. Southern Light Rail Express project developed alternatives for more efficient operation of the light rail system. The Vasona LRT Extension project will provide a 1.6 mile extension from existing Winchester Station to a new Vasona Junction Station in Los Gatos. The Winchester Light Rail Double Track & Platform Extension will extend six platforms to accommodate three car trains and double track the segments of the existing single tracks. The SR85 Major Transit Investment Study will analyze implementation of a Light Rail System (LRT) on SR 85 from San Jose to Mountain View and other transit guideway alternatives such as Bus Rapid Transit (BRT) that would be a precursor to eventual implementation of LRT. Status: The Light Rail Systems Analysis was adopted by the VTA Board in May 2010. The initial projects recommended from the Systems Analysis began planning, design and construction in Fall 2011. Southern Light Rail Express project has been closed out. Findings from this study will be used for future operating plan analysis. This study did not result in a capital construction project. Vasona LRT Extension - Since 2000, environmental and design conditions have changed; therefore, the Vasona LRT extension project was re-evaluated in a Supplemental Environmental Impact Report (SEIR)/Environmental Assessment (EA). The VTA Board of Directors certified the SEIR and approved the project in March 2014. FTA approved the project in August 2014. In June 2016 VTA Board of Directors approved funding to complete design, acquire right of way and relocate utilities. Request for Proposal (RFP) for final design is expected to be issued in spring 2017 and awarded by summer of 2017. Construction phase is dependent on securing funding. The Winchester Light Rail Double Track & Platform Extension - In June 2016 VTA Board of Directors approved funding to complete design, acquire right of way and relocate utilities. Construction phase is dependent on securing funding. Request for Proposal for preliminary design and final design will be included in the same RFP as the Vasona LRT extension. Project Cost:

Total Total Estimated Cost (in $M) Incurred through Dec 2016 (in $M) Project Status Estimate Others Measure A TBD Others Measure A Total New Rail Corridors Study $ 3.0 -$ $ 3.0 -$ -$ $ 1.1 $ 1.1 Ongoing Light Rail Systems Analysis $ 1.7 -$ $ 1.7 -$ -$ $ 1.7 $ 1.7 Completed Southern Light Rail Express $ 1.1 -$ $ 1.1 -$ -$ $ 1.1 $ 1.1 Completed LRT Extension to Vasona Junction $ 174.1 -$ $ 20.9 $ 153.2 -$ $ 0.9 $ 0.9 Ongoing Winchester LR Double Track & Platform Extension $ 172.8 -$ $ 22.0 $ 150.8 -$ $ 0.0 $ 0.0 Ongoing SR 85 Major Transit Investment Study $ 0.6 -$ $ 0.6 -$ -$ $ 0.0 $ 0.0 Ongoing Total $ 353.3 -$ $ 49.3 $ 304.0 -$ $ 4.8 $ 4.8

Project Schedule: Activity Start End 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019

Vasona LRT Extn Late 2009 TBD

Winchester LR Double Track & Platform Extension Late 2016 TBD Construction schedule dependent on funding

Environmental Design/ Bid Construction

* P-0552, P-0660, P-0799, P-0587, P-0968,P-1003 2-13 6.9.a APPENDIX A - 2000 MEASURE A BALLOT LANGUAGE

OFFICIAL BALLOT GENERAL ELECTION COUNTY OF SANTA CLARA November 7, 2000

DISTRICT SANTA CLARA VALLY TRANSPORTATION AUTHORITY

A ½ CENT TRANSIT SALES TAX To: • Connect BART to Milpitas, San Jose, Santa Clara; • Build rail connection from San Jose International Airport to BART, Caltrain, light rail; • Purchase vehicles for disabled access, senior safety, clean air buses; • Provide light rail throughout Santa Clara County; • Expand, electrify Caltrain; • Increase rail, bus service.

Shall Santa Clara Valley Transportation Authority enact a ½ cent sales tax for 30 years beginning 4/1/06 when current tax expires, with annual audits published in local newspapers and an independent citizens watchdog committee?

COMPLETE TEXT OF MEASURE A Shall the Board of Directors of the Santa Clara Valley Transportation Authority (VTA) be authorized to enact a retail transactions and use tax ordinance imposing (a) a tax for the privilege of selling tangible personal property at retail upon every retailer in Santa Clara County, the territory of VTA; such tax to be at the rate of one-half of one percent of the gross receipts of the retailer from the sale of all tangible personal property sold by him at retail in the territory of VTA, and (b) a complimentary tax upon the storage, use, or other consumption in Santa Clara County, the territory of VTA; such tax to be at the rate of one-half of one percent of the sales price of the property whose storage, use , or other consumption is subject to the tax, such taxes to be imposed for a period not to exceed 30 years, and to take effect only upon the expiration of the current County of Santa Clara 1996 Measure B ½ cent sales tax in April, 2006, and to be used only to:

• Extend BART from Fremont through Milpitas to Downtown San Jose and the Santa Clara Caltrain Station, specifically,

To build a BART Extension from Fremont to Milpitas, San Jose and Santa Clara with a major connection to the Tasman Light Rail line at the Milpitas BART Station. In San Jose to include a BART subway section with stations at San Jose State University, the new San Jose City Hall, Downtown San Jose at Market Street, San Jose Arena and the Diridon Multimodal Station connecting to Caltrain, ACE, Amtrak, the Vasona Light Rail line and VTA bus service. In Santa Clara, to serve Santa Clara University, and the Caltrain Station with a

A-1 6.9.a APPENDIX A - 2000 MEASURE A BALLOT LANGUAGE

people mover connection to San Jose International Airport.

• Provide Connections from San Jose International Airport to BART, Caltrain and the VTA Light Rail, specifically,

To build a people mover rail line connecting the airport passenger terminals directly with BART, Caltrain and the VTA Light Rail line.

• Extend Light Rail from Downtown San Jose to the East Valley by

Building a Downtown/East Valley Light Rail line from downtown San Jose serving the new San Jose City Hall and San Jose State University, out Santa Clara Street to Capitol Avenue to join the Capitol Light Rail line then south to Eastridge Shopping Center.

• Purchase Low Floor Light Rail Vehicles, specifically

To better serve disabled, seniors and others; purchase an additional 20 low floor light rail vehicles to join the 30 low floor vehicles now being constructed for the new Tasman, Capitol and Vasona Light Rail lines and 50 new low floor vehicles to replace VTA's existing 50 light rail vehicles.

• Improve Caltrain: Double Track to Gilroy and Electrify from Palo Alto to Gilroy

Extend the Caltrain double track from the San Jose Tamien Station through Morgan Hill to Gilroy. Provide VTA's funds for the partnership with San Francisco and San Mateo counties to electrify Caltrain from San Francisco to Gilroy.

• Increase Caltrain Service, specifically

Purchase new locomotive train sets for increased Caltrain service in Santa Clara County from Gilroy to Palo Alto and provide additional facilities to support the increased service.

• Construct a New Palo Alto Intermodal Transit Center

In partnership with the City of Palo Alto and Stanford University, design and construct a new parkway and underpass for University Avenue from the campus to downtown Palo Alto to improve bicycle, pedestrian and transit access to the campus, Palo Alto Caltrain station and downtown Palo Alto. Upgrade passenger facilities at the historic Palo Alto Caltrain station, upgrade transit facilities for VTA, SAMTRANS, Dumbarton Express and the Stanford Marguerita and Palo Alto shuttle services.

• Improve Bus Service in Major Bus Corridors

For VTA Line 22 (Palo Alto to Eastridge Center) and the Stevens Creek Boulevard Corridor, purchase new low floor articulated buses. Improve bus stops and major passenger transfer points and provide bus queue jumping lanes at intersections to permit buses quick access along the corridors.

• Upgrade Altamont Commuter Express (ACE)

Provide VTA's matching funds for additional train sets, passenger facilities and service upgrades for the ACE Commuter Service from San Joaquin and Alameda Counties.

A-2 6.9.a APPENDIX A - 2000 MEASURE A BALLOT LANGUAGE

• Improve Highway 17 Express Bus Service

Provide VTA's share of funds for the partnership with the Santa Cruz County Transit District for additional buses and service upgrades for the Highway 17 Express Bus Service.

• Connect Caltrain with Dumbarton Rail Corridor

Provide VTA's share of matching funds for a partnership with Alameda and San Mateo counties for the rebuilding of the Dumbarton Rail Corridor to connect to Caltrain and train sets for this new service conditioned on Alameda and San Mateo County's funding.

• Purchase Zero Emission Buses and Construct Service Facilities

Provide funds to supplement federal funds to expand and replace existing VTA diesel bus fleet from current size of just over 500 vehicles to 750 vehicles with the new zero emission buses and to provide maintenance facilities for this new, clean vehicle propulsion system. All new buses to be low floor for easier boarding by seniors and the disabled.

• Develop New Light Rail Corridors

Provide capital funds for at least two new future light rail corridors to be determined by Major Investment Studies (MIS). Potential corridors include: Sunnyvale/Cupertino; Santa Teresa/Coyote Valley; Downtown/East Valley Connection to Guadalupe Line; Stevens Creek Boulevard; North County/Palo Alto; Winchester/Vasona Junction; and, initial study of BART connection from Santa Clara through Palo Alto to San Mateo County.

• Fund Operating and Maintenance Costs for Increased Bus, Rail and Paratransit Service

Provide revenue to ensure funding, to at least 2014, and possibly longer, of the following: the new Tasman East, Capitol and Vasona Light Rail lines, the commuter rail connection to BART, expanded paratransit services, expanded bus fleet of 750 vehicles, the Downtown/East Valley Light Rail line operations, which can commence in 2008, and the BART extension to San Jose which can commence operations by 2010;

All subject to the following mandatory requirements:

• The Tax Must Expire 30 Years After Implementation. If approved by the voters, this half-cent sales tax must expire 30 years after implementation. The tax will be imposed for the period commencing April 1, 2006 when current tax expires and terminate on March 31, 2036. The length of this tax cannot be extended without a vote – and the approval – of the residents of Santa Clara County.

• An Independent Citizen's Watchdog Committee Must Review all Expenditures. The Independent Citizen’s Watchdog Committee will consist of private citizens, not elected officials, who comprise the VTA’s Citizen’s Advisory Committee. Responsibilities of the Citizen’s Watchdog Committee are:

• Public Hearings and Reports: The Committee will hold public hearings and issue reports on at least an annual basis to inform Santa Clara County residents how the

A-3 6.9.a APPENDIX A - 2000 MEASURE A BALLOT LANGUAGE

funds are being spent. The hearings will be held in full compliance with the Brown Act, California’s open meeting law with information announcing the hearings well- publicized and posted in advance.

• Annual Independent Audits: An annual audit conducted by an independent Auditor will be done each fiscal year to ensure tax dollars are being spent in accordance with the intent of this measure.

• Publish results of Audits and Annual Reports: The Committee must publish the results of the Independent Auditor and the Annual Report in local newspapers. In addition, copies of these documents must be made available to the public at large. such authorization being pursuant to the provisions of Sections 100250 et seq. of the public Utilities Code and Sections 7251 et seq. of the Revenue and Taxation Code.

A-4 6.9.a APPENDIX B – 2000 MEASURE A FUND SWAPS

Figure 1.2 Funds Outgoing From Measure A: Local Program Reserve Projects Receiving Measure A Funds

STIP Funds Board Total LPR Expended Sponsor Project Exchange by Allocated Allocated to by as of Dec 2016 Status Phase Board * (000s) Board (000s)

A $8,540 VTA I-880 HOV Widening: SR-237 to US-101 $17,791 $17,826 Completed B $9,251 A $0 VTA VTP PW $100 $0 Closed B $100 A $5,444 VTA US 101 Improvements (280/680 to Yerba Buena) $6,088 $5,633 Completed B $644 A $6 VTA US 101/Capitol Expwy and Yerba Buena Int. Imp. $5,088 $4,347 Completed B $5,082 A $3,500 VTA US 101 Improvements (85 to Embarcadero) $15,119 $15,018 Completed B $11,619 A $1,451 VTA I-880/I-280/Stevens Creek Interchange $1,700 $1,023 Completed B $249 A $4,500 VTA US 101/SR-25 Interchange $4,900 $4,900 Env./PA/ED B $400 VTA/ACCMA I-680 Sunol Grade HOV/HOT Lane A $8,000 $8,000 $8,000 Completed VTA SR-87 HOV North & South - Cost Increase A $2,500 $2,500 $2,497 Completed VTA SR-152/SR-156 Interchange - Cost Increase A $405 $405 $361 Completed Gilroy Gilroy/Arroyo Circle/Arroyo Camino Improvements A $6,725 $6,725 $6,725 Completed Morgan Hill Butterfield Blvd Extension Project A $2,510 $2,510 $2,510 Completed San Jose Julian/St. James Downtown Couplet Conversion A $5,076 $5,076 $5,076 Completed Saratoga Citywide Signal Upgrade Project Phase 2 A $400 $400 $0 Not initiated yet SCCounty ITS Enhancements on Bascom Ave A $450 $450 $342 Completed SCCounty Santa Teresa/Fitzgerald Ave Intersection Signals A $275 $275 $268 Completed SCCounty Alum Rock School District Area Traffic Calming A $315 $315 $315 Completed Sunnyvale Mathilda Ave Caltrain Bridge Construction A $524 $524 $524 Preliminary Engineering Sunnyvale Mary Ave Extn PS&E; moved to MB A $0 $0 $0 Completed Sunnyvale US101/Mathilda Ave/SR237 IC A $2,000 $2,000 $1,479 Preliminary Engineering A $3,445 VTA SR 237 Express Lanes-Phase II Extension B $3,485 $9,405 $5,506 Final Design C $2,475 A $789 Environmental VTA Route 85 Express Lanes $972 $972 B $183 Completed A $680 Environmental VTA US 101 Express Lanes $7,878 $7,878 B $7,198 Completed VTA/SBCOG SR-152 New Alignment B $5,000 $5,000 $3,949 Pre-PA/ED Milpitas Tasman East LRT Landscaping B $1,800 $1,800 $0 Not initiated yet VTA Caltrans PID Work - US 101/De La Cruz/ Trimble B $54 $54 $40 Pre-PA/ED VTA Caltrans PID Work - El Camino Real/SR237 B $46 $46 $46 Completed VTA SR87 South Landscaping B $55 $55 $27 Completed VTA US 101 SB Off-Ramp to SR-87 B $200 $200 $0 Pre-PA/ED VTA I-280/Foothill Expressway Ramp Impr. B $700 $700 $700 Final Design Palo Alto California Ave Transit Hub B $1,175 $1,175 $1,175 Design VTA/Caltrans Combined Landscape Maintenance B $2,200 $2,200 $1,564 Construction/Design VTA I-680 Corridor Study (Calaveras to US 101) B $250 $250 $250 Study Completed VTA I-280 Corridor Study (US101/I680 IC to Page Mill) B $250 $250 $150 Study VTA I-280/Winchester Off Ramp Environmental Phase B $250 $250 $82 Env./PA/ED VTA SV Express Lanes - US101/SR85 - PH 3 C $5,100 $5,100 $894 Preliminary Engineering VTA SV Express Lanes - US101/SR85 - PH 4 C $2,855 $2,855 $114 Preliminary Engineering A $11 VTA SV Express Lanes - Electronic Toll System (ETS) B $17 $3,728 $563 Preliminary Engineering C $3,700 VTA Noise Reduction Program on SR85 C $285 $285 $249 Preliminary Engineering VTA Innovative Transportation Technology Program C $85 $85 $75 Study VTA SR87 Corridor Study B $150 $150 $0 Study A ($6) ($6) $0 N/A Unprogrammed LPR - TBD B $82 $82 $0 Unprogrammed C $0 $0 $0 TOTALS $122,480 $122,480 $101,076

B-1 6.9.a APPENDIX B – 2000 MEASURE A FUND SWAPS

Figure 1.3 Funds Incoming To Measure A: Projects Receiving STIP Funds

Programmed by Board Received to Date Sponsor (000s) (000s) Project Status Phase VTA $57,540 $24,340 Capitol Expressway LRT Extension ROW/ Construction

VTA $50,440 $50,440 BART Hayward Maintenance Complex ROW/Design

VTA $14,500 $0 VTA BART to Silicon Valley - Santa Clara Extension PA/ED

TOTAL $122,480 $74,780

B-1 6.9.b

2000 MEASURE A TRANSIT IMPROVEMENT PROGRAM STATUS Extend BART from Fremont through Milpitas to Downtown San Jose and the Santa Clara Caltrain Station BART ‐ Silicon Valley Program Development & Implementation BART ‐ Silicon Valley Program Development & Implementation Ongoing Warm Springs Extension (WSX) ‐ VTA Share Construction BART ‐ Silicon Valley Corridor Establishment and Maintenance Silicon Valley Corridor Establishment and Maintenance Ongoing BART ‐ Silicon Valley Extension Berryessa Extension Project (SVBX Phase I) Construction Future Extension to Santa Clara (SVSX Phase II) Under Development ‐Awaiting Funding Newhall Maintenance Facility Under Development BART Core Systems Modifications Construction BART ‐ Other Supporting Projects King Road Bus Rapid Transit Ongoing Northern Light Rail Express Completed Santa Clara Pocket Track Completed BART Transit Integration Analysis & Improvements Ongoing N. First St. Speed Improvements & First St./Tasman Ave. Modidifications Ongoing

Provide Connection from Mineta San Jose International Airport to BART, Caltrain and VTA Light Rail Mineta San Jose Airport People Mover Ongoing

Extend Light Rail from Downtown San Jose to The East Valley Downtown East Valley Planning & Conceptual Engineering Completed Downtown East Valley Environmental & 90% CELR Ongoing Capitol Expressway Light Rail ‐ Pedestrian Improvements Completed Capitol Expressway Light Rail ‐ Eastridge Transit Center Completed Capitol Expressway Light Rail Phase II: Light Rail to Eastridge Ongoing

Low Floor Light Rail Vehicles Low Floor Light Rail Vehicles Completed

Improve Caltrain: Double Track to Gilroy & Electrify from Palo Alto to Gilroy Caltrain South County Capacity Improvements Pending CA High Speed Rail (CAHSR) Caltrain Electrification/High Speed Rail Ongoing Caltrain Electrification Early Investment Program (VTA Share) Ongoing

Caltrain Service Upgrades Caltrain Service Upgrades Ongoing Caltrain Improvement Plan Completed Bike Sharing Pilot Project Ongoing Caltrain Mountain View Parking Structure Pending CAHSR Caltrain/Union Pacific Blossom Hill Pedestrian Grade Separation Completed Caltrain Safety Enhancements Design Complete; Pending CAHSR Santa Clara Station Pedestrian Underpass Extension Ongoing Santa Clara & San Jose Diridon Station Upgrades Completed

Palo Alto Intermodal Transit Center Palo Alto Intermodal Transit Center Pending CA High Speed Rail

Improve Bus Service in Major Corridors Bus Rapid Transit Strategic Plan Ongoing Highway‐Based Bus Rapid Transit Alternatives Analysis Completed Alum Rock/Santa Clara Bus Rapid Transit Construction Stevens Creek Bus Rapid Transit Planning ‐ Awaiting Funding El Camino Real Bus Rapid Transit Environmental ‐ Awaiting Funding Procurement of 40 Bus Rapid Transit Buses Ongoing Bus Rapid Transit Modifications ‐ Chaboya & North Divisions Ongoing Money Counting Facility Replacement Closed ‐ Not needed DeAnza College Transit Center Improvements Ongoing

Upgrade Altamont Commuter Express (ACE) Included in Santa Clara and San Jose Diridon Station Upgrade Completed

Improve Highway 17 Express Bus Service Improve Highway 17 Express Bus Service Completed

Connect Caltrain with Dumbarton Rail Corridor Dumbarton Rail Corridor Inactive

As of 12/31/16 6.9.b

2000 MEASURE A TRANSIT IMPROVEMENT PROGRAM STATUS

Purchase Zero‐Emission Buses & Construct Service Facilities 3 Zero‐Emission Bus Procurement Completed Zero‐Emission Bus Facility Improvements Completed

Develop New LR Corridors New Rail Corridors Study Ongoing Light Rail System Analysis Completed Southern Light Rail Express Completed Light Rail Transit Extension to Vasona Junction Ongoing Winchester Light Rail Double Track & Platform Extension Ongoing SR 85 Major Transit Investment Study Ongoing

Fund Operating & Maintenance Costs for Increased Bus, Rail & Paratransit Service ‐ Ongoing

As of 12/31/16 6.9.c 2000 MEASURE A TRANSIT IMPROVEMENT PROGRAM Expenditures through December 31, 2016

Project Total Planned Funding (in $M) Incurred through Dec 2016 (in $M) Estimate 1 Others Measure A TBD Others Measure A Total 1 - Extend BART from Fremont through Milpitas to Downtown San Jose and the Santa Clara Caltrain Station 1-1 BART SV Program Development, Implementation & Warm Springs $ 409.3 $ 243.9² $ 165.4 -$ $ 243.9² $ 160.1 $ 404.0 1-2 BART SV Corridor Establishment and Maintenance (CEM) $ 470.5 $ 157.8 $ 312.7 -$ $ 131.0 $ 302.0 $ 433.0 1-3 BART Silicon Valley Berryessa Extension $ 2,421.3 $ 1,343.6 $ 1,077.7 -$ $ 999.6 $ 726.8 $ 1,726.4 1-4 BART Silicon Valley Santa Clara Extension ³ $ 4,692.7 $ 160.5 $ 1,425.0⁴ $ 3,107.2 $ 160.5 $ 12.9 $ 173.4 1-5 BART Core System Modifications (BCS) $ 264.6 $ 69.8 $ 194.8 -$ $ 57.2 $ 72.6 $ 129.8 1-6 BART Other Supporting Projects $ 102.4 $ 9.1 $ 88.3 $ 5.0 $ 8.0 $ 78.1 $ 86.1 Total $ 8,360.8 $ 1,984.8 $ 3,263.9 $ 3,112.2 $ 1,600.2 $ 1,352.5 $ 2,952.7 2 - Provide Connections from Mineta San Jose International Airport to BART, Caltrain and VTA Light Rail Mineta San Jose Airport People Mover (APM) ⁵ $ 800.0 -$ $ 5.0 $ 795.0 $ - $ 2.1 $ 2.1 3 - Extend Light Rail From Downtown San Jose to the East Valley Capitol Exp. Way Eastridge Light Rail Extn (CELR) Environmental/Eng $ 65.1 $ 5.9 $ 59.2 -$ $ 5.9 $ 59.2 $ 65.1 CELR Phase I - Pedestrian Improvements $ 19.0 $ 16.0 $ 3.0 -$ $ 16.0 $ 3.0 $ 19.0 CELR Phase I - Eastridge Transit Center $ 59.9 $ 26.9 $ 33.0 -$ $ 26.9 $ 31.2 $ 58.1 CELR Phase II - LRT to Eastridge ⁶ $ 376.9 -$ $ 247.0 $ 129.9 $ - $ 0.2 $ 0.2 Total $ 520.9 $ 48.8 $ 342.2 $ 129.9 $ 48.8 $ 93.5 $ 142.3 4 - Purchase Low-Floor Light Rail Vehicles 70 Low-Floor Light Rail Vehicles $ 200.6 $ 200.6 $ - ⁷ -$ $ 200.6 $ - ⁷ $ 200.6 5 - Improve Caltrain: Double Track to Gilroy and Electrify from Palo Alto to Gilroy Caltrain South County Capacity Improvements ⁸ $ 17.2 $ 14.9 $ 2.3 -$ $ 14.9 $ 2.3 $ 17.2 Caltrain Electrification (VTA Share) $ 108.0 $ 26.4⁹ $ 81.6 -$ $ 26.4⁹ $ 21.8 $ 48.3 Total $ 125.2 $ 41.3 $ 83.9 -$ $ 41.3 $ 24.2 $ 65.5 6 - Increase Caltrain Service Caltrain Service Upgrades/Caltrain Improvement Plan $ 16.8 -$ $ 16.8 -$ $ - $ 16.3 $ 16.3 Caltrain Mountain View Parking Structure 10 $ 0.3 $ 0.1 $ 0.2 -$ $ 0.1 $ 0.2 $ 0.3 Blossom Hill Pedestrian Grade Separation $ 12.1 $ 9.9 $ 1.6 $ 0.5 $ 9.7 $ 1.4 $ 11.0 Caltrain Safety Enhancements $ 15.8 $ 0.1 $ 15.7 -$ $ 0.1 $ 15.6 $ 15.7 Santa Clara Station Pedestrian Underpass Extension $ 13.8 $ 13.0 $ 0.7 -$ $ 4.6 $ 0.7 $ 5.3 Santa Clara and San Jose Diridon Station Upgrade $ 12.2 -$ $ 12.2 -$ $ - $ 12.2 $ 12.2 Bike Sharing Pilot Project $ 0.9 $ 0.6 $ 0.3 -$ $ 0.6 $ 0.2 $ 0.8 Total $ 71.9 $ 23.8 $ 47.6 $ 0.5 $ 15.1 $ 46.7 $ 61.8 7 - Construct a New Palo Alto Intermodal Transit Center Palo Alto Intermodal Transit Center ¹¹ $ 0.2 $ 0.2 $ 0.0 -$ $ 0.2 $ 0.0 $ 0.2 8 - Improve Bus Service in Major Bus Corridors BRT Alternative Analysis/ BRT Strategic Plan $ 2.2 $ 0.7 $ 1.5 -$ $ 0.7 $ 1.5 $ 2.2 Alum Rock - Santa Clara Bus Rapid Transit $ 148.1 $ 90.7 $ 57.4 -$ $ 79.2 $ 36.7 $ 115.9 Stevens Creek Bus Rapid Transit $ 151.0 $ 0.8 $ 3.6 $ 146.6 $ 0.6 $ 3.0 $ 3.6 El Camino Real Bus Rapid Transit ¹² $ 229.0 -$ $ 15.0 $ 214.0 $ - $ 10.5 $ 10.5 Procurement of BRT Articulated Buses $ 57.7 $ 19.5 $ 38.1 -$ $ 18.7 $ 13.5 $ 32.2 Modifications to Chaboya and North Division for BRT Buses $ 14.4 -$ $ 14.4 -$ $ - $ 2.1 $ 2.1 Money Counting Facility Replacement $ 0.1 -$ $ 0.1 -$ $ - $ 0.1 $ 0.1 De Anza College Transit Center Improvement $ 8.4 -$ $ 8.4 -$ $ - $ 0.2 $ 0.2 Rapid 523 Bus Stop Improvements $ 3.9 $ 0.7 $ 3.2 -$ $ 0.0 $ 0.2 $ 0.2 Stelling Road Bus Stop Improvement $ 1.6 $ 0.1 $ 1.5 -$ $ - $ - $ - Total $ 616.4 $ 112.5 $ 143.3 $ 360.6 $ 99.2 $ 67.9 $ 167.2 9 - Upgrade Altamont Commuter Express (ACE) Included in Santa Clara and San Jose Diridon Station Upgrade $ - -$ $ - ¹³ -$ $ - $ - ¹³ $ - 10 - Improve Highway 17 Express Bus Service Highway 17 Bus Service Improvements $ 2.5 -$ $ 2.5 -$ $ - $ 2.5 $ 2.5 11 - Connect Caltrain with Dumbarton Rail Corridor Dumbarton Rail Corridor ¹⁴ $ 2.3 -$ $ 2.3 -$ $ - $ 2.3 $ 2.3 12 - Purchase Zero-Emission Buses and Construct Service Facilities 3 Zero Emission Buses (Pilot Program) $ 14.7 $ 11.5 $ 3.2 -$ $ 11.4 $ 3.2 $ 14.7 Zero Emission Buses Facility Improvements $ 4.8 $ 2.4 $ 2.4 -$ $ 2.4 $ 2.4 $ 4.8 Total $ 19.5 $ 13.9 $ 5.6 -$ $ 13.9 $ 5.6 $ 19.4 13 - Develop New Light Rail Corridors New Rail Corridors Study $ 3.0 -$ $ 3.0 -$ $ - $ 1.1 $ 1.1 Light Rail Systems Analysis $ 1.7 -$ $ 1.7 -$ $ - $ 1.7 $ 1.7 Southern Light Rail Express $ 1.1 -$ $ 1.1 -$ $ - $ 1.1 $ 1.1 LRT Extension to Vasona Junction $ 174.1 -$ $ 20.9 $ 153.2 $ - $ 0.9 $ 0.9 Winchester LR Double Track & Platform Extension $ 172.8 -$ $ 22.0 $ 150.8 $ - $ 0.0 $ 0.0 SR 85 Major Transit Investment Study $ 0.6 -$ $ 0.6 -$ $ - $ 0.0 $ 0.0 Total $ 353.3 -$ $ 49.3 $ 304.0 -$ $ 4.8 $ 4.8 14 - Fund Operating and Maintenance Cost for Increased Bus, Rail and Paratransit Service Fund Operating and Maintenance Costs $ 1,365.8 -$ $ 1,365.8 -$ $ - $ 338.4 $ 338.4 Other Expenditures Debt Service on Current Bonds (includes principal, interest & other bond costs) $ 1,859.5 -$ $ 1,859.5 -$ $ - $ 304.9 $ 304.9 Fund Exchange Payments ¹⁵ $ 122.5 -$ $ 122.5 -$ $ - $ 101.4 $ 101.4 Miscellaneous Operating Expenses $ 34.5 -$ $ 34.5 -$ $ - $ 9.2 $ 9.2 Total $ 2,016.5 -$ $ 2,016.5 -$ -$ $ 415.6 $ 415.6 GRAND TOTAL $ 14,455.8 $ 2,425.8 $ 7,327.8 $ 4,702.1 $ 2,019.3 $ 2,356.0 $ 4,375.3

1 Current estimate as of Dec 2016. 9 Includes $26.4M in Prop 1A CTC grant funds designated directly to Caltrain. 2 Includes $8M in State-Local Partnership Program (SLPP) and $111.4M in Traffic Congestion 10 Completed conceptual design. Relief Program (TCRP) grant funds designated directly to BART. 11 Completed project studies. 3 Estimated costs includes a 4-station, 6 mile project. 12 Planned funding reflects current project definition and scope which is subject to 4 Includes $1.0B of projected debt issuance. policy decisions. 5 Completed studies of Automated Transit Guideway system. 13 Included in Santa Clara and San Jose Diridion Station Upgrade. 6 Construction Phase Cost Estimate. 14 Completed preliminary design, ridership studies and conceptual estimates. 7 Project funded through a Board approved fund exchange between Santa Clara County, VTA 15 Payments related to exchange of State Transportation Improvement Program(STIP) and Measure A. Measure A costs incurred for this item reflected as a portion of Debt Service. and Measure A funding approved by the Board in June 2007, December 2007 and 8 Completed fiber optic cable relocation of the northern segment (5.3 miles). November 2013. 6.10

Date: March 29, 2017 Current Meeting: April 6, 2017 Board Meeting: April 6, 2017

BOARD MEMORANDUM

TO: Santa Clara Valley Transportation Authority Board of Directors

THROUGH: General Manager, Nuria I. Fernandez

FROM: Chief Operating Officer, Inez Evans

SUBJECT: Transit Service Changes - April 10, 2017

FOR INFORMATION ONLY

BACKGROUND:

VTA implements transit service changes on a quarterly basis in January, April, July and October. Major changes are typically planned for January and July, while minor changes are implemented in April and October. Proposed “major” service changes must be submitted to the VTA Board of Directors for review and approval. For Title VI compliance purposes, all “major” service changes also require that VTA staff perform a Service Equity Analysis. The following modifications are considered “major” service changes as adopted by the VTA Board of Directors.  Establishment of a new transit line or service.  Elimination of a transit line or service.  Route change that impacts 25 percent or more of a line’s route miles.  Span of service or frequency changes affecting 25 percent or more of a line’s revenue vehicle hours.  Series of changes on a single route which are included in the two-year Transit Service Plan and cumulatively meet any of the above criteria.  Proposed changes that are anticipated to be controversial with a particular community or interested parties based on public feedback.  System-wide change concurrently affecting five percent or more of the total system revenue hours.

Service change proposals that do not meet the criteria for ”major” service changes are handled at the staff level and are still subject to an appropriate level of public and community review and comment.

6.10

DISCUSSION:

The following transit service changes will take effect on Monday, April 10, 2017, and were approved by the VTA Board of Directors in May 2015 as part of the two year FY16-FY17 Transit Service Plan. The Transit Service Plan also included the required Title VI Service Equity Analysis.

Rapid 522 Service Upgrade

Upgrading the existing service on Santa Clara Street and Alum Rock Avenue was included as one of the major changes in the FY16-FY17 Transit Service Plan. As the construction of the Santa Clara - Alum Rock Bus Rapid Transit (AR-SC BRT) project is finishing up, VTA is working on activation tasks to move from construction to service implementation. We have completed all the street-side stations and put them into service in the middle of 2016. The median busway is the last piece, including the dedicated busway, signals, and median stations.

With the completion of construction activities, VTA plans to upgrade the Rapid 522 service from 15-minute to 12-minute headways on the weekdays but are maintaining the current 15-minute headways on Saturday & Sunday. Correspondingly, the frequency on the local Line 22 will be reduced to every 15 minutes. The goal is to increase ridership on the faster and more frequent Rapid 522. Staff will continue to monitor ridership and running time after implementation and make adjustments as necessary.

Light rail

Light rail service stays the same but VTA needs to make major schedule adjustments due to a Caltrain schedule change.

Caltrain is planning to implement changes in its weekday schedule to accommodate construction of the electrification project, effective on April 10. When Caltrain adjusts its schedule, VTA will modify its schedule accordingly to continue to provide timely transfers, as this is a top priority in designing the light rail schedule.

Other Schedule Adjustments

The following bus lines will have weekday and/or weekend schedule adjustments to improve running times, on time performance, transfers and operator layovers: 10, 12, 13, 14, 16, 17, 18, 19, 23, 25, 26, 27, 31, 32, 35, 37, 40, 42, 45, 46, 47, 48, 49, 52, 54, 55, 57, 58, 60, 61, 62, 63, 64, 65, 66, 68, 71, 72, 73, 77, 81, 82, 89, 121, 168, 180, 181, 185, 200, 201 (DASH), 304, 321, 323, 328 and 330.

ADVISORY COMMITTEE DISCUSSION/RECOMMENDATION

The Citizens Advisory Committee received this information item at the March 8, 2017 meeting as part of its Consent Agenda and had no comments.

Page 2 of 3 6.10

STANDING COMMITTEE DISCUSSION/RECOMMENDATION

The Congestion Management Program & Planning Committee received this information item at the March 16, 2017 meeting as part of its Consent Agenda and had no comments.

Prepared By: Ying Smith Memo No. 5832

Page 3 of 3 6.11

Date: March 29, 2017 Current Meeting: April 6, 2017 Board Meeting: April 6, 2017

BOARD MEMORANDUM

TO: Santa Clara Valley Transportation Authority Board of Directors

THROUGH: General Manager, Nuria I. Fernandez

FROM: Interim Director - Planning & Program Development, Carolyn M. Gonot

SUBJECT: Development Review Annual Report for 2016

FOR INFORMATION ONLY

BACKGROUND:

Since the late 1990’s, VTA has reviewed and commented on development and transportation projects in and adjacent to Santa Clara County. The Development Review Program includes the review of environmental documents and development proposals submitted by local agencies as well as the review of Transportation Impact Analysis (TIA) reports for proposed projects meeting the Congestion Management Program (CMP) requirements. VTA also monitors the approval of projects reviewed, and summarizes these review and approval activities on a quarterly basis for VTA Committees and the Board.

In this report, staff expands on the typical scope of the Quarterly Report to present the Development Review Program Annual Report for 2016. Besides summarizing VTA’s Development Review activities over the entire calendar year, this report also draws upon the full range of VTA land use activities, including the tracking of land use approvals through the CMP Monitoring and Conformance Report and the tracking of projects under construction to support VTA’s Travel Forecasting Model. Integrating all of this knowledge of development activity over the year, the Annual Report identifies five Key Themes of Importance to VTA and local agencies.

DISCUSSION:

The following discussion provides a summary of VTA Development Review activities for the 2016 calendar year.

VTA commented on a total of 126 projects through the Development Review Program in calendar year 2016, a 26% increase from 2015. The city with the largest number of projects

6.11

was San José with 38 projects, followed by Sunnyvale with 17 projects, Morgan Hill with 15 projects, and Santa Clara with 14 projects. 106 of the 126 items that VTA commented on were private development projects. The remainder consisted of agency-led planning efforts such as Precise Plans, General Plan updates, Area/Specific Plans, Countywide/Regional Plans and public facilities or schools. 41 projects which VTA previously commented on were approved by local agencies during the calendar year of 2016. The City of San José saw the greatest number of approvals with eleven approvals, followed by Santa Clara with seven approvals and Mountain View with six approvals. The VTA Development Review Annual Report for 2016 is included as Attachment A. The Summary Report of VTA’s Development Review activities for the fourth quarter of 2016 is included as Attachment B.

Key Themes of Land Use Development in Santa Clara County in 2016 Based on VTA’s review of and engagement with land use activity in Santa Clara County during 2016, VTA has identified five Key Themes of importance to VTA and local agencies, which are described below. 1. Development Boom Extends Through 2016 Major planning efforts and development projects throughout Santa Clara County continued at a rapid pace, reflecting Silicon Valley’s robust economy through 2016. VTA reviewed and tracked the approval of significant development projects, both employment-focused and residential- focused. The top five largest employment-focused projects include:  City Place Santa Clara project - approved June 2016 o Up to 6.7 million square feet of office, retail, hotel, and residential uses.  Cilker Orchards project in San Jose - proposed o 2.35 million square feet of industrial use.  Stanford University General Use Permit 2018 - proposed o 2.3 million square feet of academic space, and other uses (noted below)  Peery Park Specific Plan in Sunnyvale - approved September 2016 o Planning framework for 2 million square feet of office, 200,000 square feet of retail, and 215 residential units.  Diridon Transit Oriented Development project in San Jose - approved May 2016 o 1.04 million square feet of office and commercial use, and 325 residential units.

Other notable projects include residential development with significant number of units. The top five largest residential-focused projects include:  Santa Clara Lawrence Station Area Plan - approved in November 2016 o Planning framework for 3,500 residential units, 104,000 square feet of retail;  Stanford University General Use Permit 2018 - proposed. o 3,150 housing units, 40,000 square feet of childcare facilities, and a potential transit

Page 2 of 6 6.11

hub (in addition to academic space noted above).  Sunnyvale Lawrence Station Area Plan - approved in December 2016 o Planning framework 2,300 residential units, and 1.2 million square feet of office;  Garden City project in San Jose - proposed o 871 residential units, up to 400,000 square feet of office and 15,000 square feet of retail.  Pear Avenue Mixed Use project in Mountain View - proposed o 850 residential units, with 130,734 net square feet of office

2. New Development Drawn to BART and Milpitas Transit Area Adopted in 2008, the Milpitas Transit Area, which surrounds the Great Mall, Montague Light Rail Stations, and the nearly complete Milpitas BART Station, is a blueprint for development to transform an older industrial area into a vibrant, high-intensity district. The Transit Area Specific Plan (TASP) calls for about 7,100 residential units within walking distance of transit, and supported with new parks, trails, streets, and public facilities.

Development activity has soared within the TASP district in recent years:  The approval of approximately 4,400 residential units prior to 2016.  The approval of 1,553 residential units in 2016, raising the total approved unit count to 6,000.  The approval in 2016 of approximately 47,000 square feet of ground floor retail in mixed residential/retail buildings.  An estimated 3,000 residential units are currently under construction in the TASP area.

3. Public and Private Partners Collaborating on Funding Challenges With 2016 continuing to be a booming year for development, VTA has highlighted development projects that provided an optional financial contribution toward transportation improvement projects. VTA created a voluntary contribution program in 2013 to provide local agencies with a tool to pursue improvements to mitigate or off-set impacts by development projects on the regional transportation system. These contributions are agreed to by developers and cities, and funds are later transferred to VTA or other parties for implementation. 2016 included funding commitments from four development projects across four cities, totaling $35,544,200 and the construction of a previously committed project:  Hampton Apartments, Cupertino $7,000,000  City Place, Santa Clara $16,164,200  Moffett Towers II, Sunnyvale $11,380,000  Santana West, San Jose $1,000,000  In addition, the groundbreaking for the Santa Clara Pedestrian Undercrossing occurred in November 2016, which was made possible in part through a contribution of $5,973,000 from the Coleman Highline development in San Jose. The strengthened use of the voluntary contribution program demonstrates the increased value of VTA, local agencies, and the development community working together to boost regionally significant transportation improvements either currently planned or under design. These

Page 3 of 6 6.11

deliberate contributions close gaps in funding, speed project development and provide local agencies and developers with a more predictable environmental review and approval process. VTA will continue to work with partners in 2017 to seek further funding opportunities and educate stakeholders about the voluntary contributions framework. 4. Focus on the Pedestrian In 2016, VTA commented on 102 projects related to pedestrian accommodations. On 50 of these projects VTA comments included recommendations that sidewalks include a buffer from roadways by streets trees or landscape strip. In response to feedback on VTA's 2015 annual review of development requesting staff to provide more metrics, VTA identified several 2016 trends in its review of and input on development projects including:  A strong focus on how development integrates with the overall transportation network, and provides pedestrian access to the transit system.  Comments on 25 projects included recommendations for traffic-calming measures, such as squaring-off sidewalk corners where high-speed auto movements could hinder safe travel.  Comments on 20 projects focused on the quality of pedestrian connections to transit, such as improved delineation of pedestrian and auto areas for safety and comfort.

VTA will continue to work with local agencies on improving the places where pedestrians travel by emphasizing that streets should be designed for all users and provide quality amenities, and new developments should provide safe and comfortable street frontages.

5. Emerging Trends for 2017 VTA is gearing up for a transformative year in Santa Clara County and the region with the opening of BART Silicon Valley Berryessa Extension in 2017, coinciding with the Next Network transit system redesign. Last November, the transportation-supportive voters of the County passed 2016 Measure B, which also paves a path for a more sustainable transportation network. VTA looks forward to continuing to work with local agencies to integrate and maximize efficiencies between land use planning and transportation network planning. Additionally, VTA is paying close attention to activities at the state level regarding Senate Bill 743 (adopted in September 2013) which involves shifting from the use of Auto Level of Service (LOS) to Vehicle-Miles-Traveled (VMT) in environmental analysis. This shift is likely to have broad-ranging implications for the evaluation of development and transportation projects in Santa Clara County and around the state. Attachment A: VTA Development Review Annual Report for 2016 Attachment B: VTA Development Review Program Quarterly Report for October to December 2016 ADVISORY COMMITTEE DISCUSSION/RECOMMENDATION: The Technical Advisory Committee (TAC) received this information item at the March 8, 2017

Page 4 of 6 6.11

meeting. Members of the Committee had the following comments and questions: 1) recommended developing VTA’s Voluntary Contributions Program into a countywide fee program, in light of SB 743 implementation; 2) asked about specific guidance outlining VTA’s Voluntary Contributions Program. Staff responded as follows: 1) staff will bring future items to VTA Committees regarding countywide approach to SB 743; 2) staff provided Information Items to VTA Committees and the Board in September 2013 and March 2014 on the Voluntary Contributions Program. The Citizens Advisory Committee (CAC) received this information item at the March 8, 2017 meeting. Members of the Committee had the following questions and comments: 1) inquired about tracking the effectiveness of VTA comments; 2) asked about whether VTA comments focus on transit/alternative mode incentives, and 3) offered suggestions about bicycle accommodations, Joint Development on surplus lands, and coordination in high-growth areas like North Bayshore and Apple Campus 2. Staff responded as follows: 1) staff is focusing more on metrics to track effectiveness of comments; 2) staff comments on transit/alternative mode incentives through supporting Transportations Demand Management programs; 3) staff acknowledges these comments. The Bicycle Pedestrian Advisory Committee (BPAC) received this information item at the March 8, 2017 meeting. Members of the Committee meeting had the following questions and comments: 1) expressed concern about the design of bike lanes having potential conflict zones between bicyclists and parked cars, and encouraged more focus on pedestrian safety within the roadway; 2) showed support for the Voluntary Contribution program’s ability to close funding gaps for key bicycle and pedestrian projects. Staff responded as follows: 1) staff will review its comment processes to further consider safety concerns; 2) staff appreciated the support for the Voluntary Contributions program. The Policy Advisory Committee (PAC) received this information item at the March 9, 2017 meeting. Members of the Committee had the following questions and comments: 1) inquired whether transportation investments are being matched to growth areas; 2) asked about whether a Voluntary Contribution was made toward I-280/Wolfe Road Interchange project; 3) requested a memo regarding the status of VTA corridor studies. Staff responded as follows: 1) staff confirmed that projects such as SR 237 Express Lanes, I-280 Corridor Study, and I-280/Winchester Boulevard Improvement Project as well as the SR 85 PAB are being advanced in relation to high-growth areas; 2) staff confirmed that the Hampton Apartments project committed a $7 million Voluntary Contribution toward the I-280/Wolfe Road Interchange project; 3) staff noted the memo request for a status update on VTA corridor studies. STANDING COMMITTEE DISCUSSION/RECOMMENDATION:

The Congestion Management Program & Planning Committee (CMPP) received this information item at the March 16, 2017 meeting. Members of the Committee had the following questions and comments: 1) asked for clarification regarding the definition of "Access to Transit" comments; 2) inquired whether development review proposals were showing more Complete Streets/pedestrian

Page 5 of 6 6.11

improvements; 3) suggested alternative ways to theme the maps, including graduated symbols noting residential unit count and commercial/retail square footage; 4) suggested the addition of certain projects that appear to be missing; 5) appreciated staff's work, and requested a digital copy of the report.

Staff responded as follows: 1) staff noted that "Access to Transit" comments refer to the project's location in relation to transit, and the directness of pedestrian paths to such transit; 2) staff noted it was encouraged by the proposals reviewed in 2016 and currently that show pedestrian improvements and a greater awareness of VTA’s Voluntary Contributions program, which were also attributed to VTA’s improved collaboration with Member Agencies; 3) staff agreed that the maps could be visualized differently to show residential units and commercial/retail square footage, for the next year’s report; 4) noted that suggestions for improving data collection are welcome; 5) noted the compliment, and confirmed that a digital report copy will be provided.

Prepared By: Melissa Cerezo Memo No. 5895

Page 6 of 6 6.11.a

Development Review Program Annual Report 2016

VTA Advisory Committees March 2017

http://museumplacesanjose.com/ Outline 6.11.a

I. Background

II. Key Themes of 2016 At-a-Glance Gunter Lofts Development Plans 9/22/16 III. Data Snapshot a. Development Review Activity b. Projects Under Construction

III. Key Themes of 2016 Gunter Lofts, Morgan Hill ://www.elcaminohospital.org http City of Campbell Council Agenda Packet 9/13/16

El Camino Hospital, Mountain View Pruneyard Expansion, Campbell

2 Key Themes of 2016 Annual Report 6.11.a

Development Boom • 126 total development projects reviewed, Extends Through 2016 23% increase from 2015

New Development • Estimated 3,000 units currently under Drawn to BART and construction Milpitas Transit Area

Public and Private • $35.5 M total voluntary contributions, Partners Collaborating compared to $6.1 M in 2015 on Funding Challenges

• Improved street frontages when new Focus on the Pedestrian development occurs

Emerging Trends for • SB 743 and Next Network 2017

3 Background 6.11.a

VTA reviews, analyzes, and tracks land use developments within and near Santa Clara County to improve land use/transportation coordination, promote alternative travel modes, and encourage a balanced approach to addressing congestion.

• Development Review Program – Comment on development and plan applications, track and report project approvals.

• Major Development Construction – Track significant development projects.

• Congestion Management Program (CMP) Monitoring Report – Track and analyze land use approval data submitted by Member Agencies (15 cities plus County of Santa Clara)

4 6.11.a

Map shows major projects (greater than 100 units residential or 50,000 sq. ft. non- residential) known to VTA staff to be under construction or completed in 2016. 5 6.11.a

Map shows major projects (greater than 100 units residential or 50,000 sq. ft. non- residential) known to VTA staff to be under construction or completed in 2016. 6 6.11.a

7 6.11.a

8 Development Boom Extends Through 2016 | Employment Focus 6.11.a

1. City Place, Santa Clara 2. Cilker Orchards, San José • Largest approved development in SC County • 2.35 M s.f. industrial use • Up to 6.7 M s.f. • New jobs base in North San • Office, retail, and hotel uses Jose • Up to 1,360 residential units • Proposed • Approved June 2016

http://www.relatedsantaclara.com/the-project/ Cilker Orchards NOP

9 Development Boom Extends Through 2016 | Employment Focus 6.11.a

3. Stanford University 4. Peery Park Specific 5. Diridon Transit General Use Permit Plan, Sunnyvale Oriented Development, 2018, SC County San José

• 2.3 M net s.f. • 2 M net s.f. office • 1 M s.f. office academic space • 200K s.f. retail • 40K s.f. retail • 40K s.f. child care or transit hub facilities • Approved September • 325 residential units 2016 • Proposed • Approved May 2016

Stanford GUP 2018 Application and Summary, page 24 Peery Park Specific Plan, September 2016 http://diridon.net/slider/

10 Development Boom Extends Through 2016 | Residential Focus 6.11.a

1. Lawrence Station 2. Stanford University Area Plan, Santa Clara General Use Permit 2018, SC County • 3,500 residential units • 3,150 net on-campus • 104K s.f. retail residential units • Approved Nov. 2016 • 450 affordable units • Proposed

http://santaclaraca.gov/government/departments/community-development/planning- Linda A. Ciero/ Stanford News Service division/specific-plans/lawrence-station

11 Development Boom Extends Through 2016 | Residential Focus 6.11.a

3. Lawrence Station 4. Garden City, San 5. Pear Ave Mixed Use, Area, Sunnyvale José Mountain View

• 2,300 residential units • 871 residential units • 850 residential units • 1.4 M s.f. office • 400K s.f. office • 130K net s.f. office • Approved Dec 2016 • 15K s.f. retail • First housing in North • Mixed use Bayshore Plan Area • Proposed • Proposed

Lawrence Station Area Plan NOP, City of Santa Clara, Sept. 2015 http://sjdistrict1.com/2016/03/garden-city-project-proposal-submitted/ Mtn. View EPC Submittal, November 2015

12 New Development Boom Drawn to BART & Milpitas Transit Area 6.11.a

City of Milpitas – May 2016 • Under construction in 2016: 3,000 residential units • Approved in 2016 • 1,553 residential units • 47,000 s.f. retail • 6,000 of 7,100 residential units approved in area plan May 2016 – City of Milpitas City of

730-750 E. Capitol

13 Public and Private Partners Collaborating on Funding Challenges 6.11.a

• 4 development projects in 4 cities confirmed voluntary contributions in 2016 • Total 2016 contributions - $35.5 M ($6.1 M in 2015) • Santa Clara Pedestrian Undercrossing (committed in 2015) currently under construction

VTA and Agency Member Agency Execute VTA Comments (CEQA authority) Agreement for on Project defines Transportation Contributions Funding

14 6.11.a Voluntary Contribution Highlight | Moffett Towers II, Sunnyvale

• Mitigation of project’s impact on freeway segments • 726K net s.f. office development • $380,000 to SR 237 Express Lanes Phase 2 project • $11 M to US 101/SR 237/Mathilda Interchange 2.com/ - towers - www.http://moffett

www.http://moffett-towers-2.com/

15 6.11.a Voluntary Contribution Highlight | Coleman Highline, San José

• $5.9 M to Santa Clara Pedestrian Pedestrian Undercrossing highline/ Undercrossing - (2015) • Provides and enhances station access for office tenants, Avaya Stadium • Improved mobility and gap closure http://development.hunterproperties.com/projects/coleman

16 6.11.a Focus on the Pedestrian

• Pedestrian safety and access is influenced by the width and qualify of the buffer between sidewalk and roadway. Frequency of VTA Comments 126 Total Projects • VTA reviewed 126 total development projects in 2016 100

• 102 included pedestrian comments 50 102 • 50 included references to 50 20 buffered sidewalks 0 16 Pedestrian Buffered Access to Traffic Calming Improvements Sidewalks Transit Improvements

17 6.11.a Focus on the Pedestrian | The Pierce, San José

2011 Condition Google Google Maps

• SOFA District, San José –

• New widened sidewalks, curb Courtesy bulb outs, and street-level retail • New bike maintenance workshop and parking lane

Industrial / Commercial Uses

2016 As-built Condition

2016 Site Plan Google Maps – Courtesy Courtesy http://www.thepierce.com/availability/ Street Level Activation

Mixed Use / Transparent Frontages

18 6.11.a Focus on the Pedestrian | Sobrato Mixed Use, Sunnyvale

2014 Condition Google Google Maps • New 12-foot wide buffered –

sidewalk along El Camino Courtesy protected bicycle parking • New pedestrian paseos

Courtesy – Google Maps Commercial Car Dealership

2017 Condition 2017 Condition Google Google Maps – Courtesy Courtesy

Pedestrian Pathways Project Frontage – Sidewalk Buffer

19 6.11.a Focus on the Pedestrian | Riverview Apartments, San José

2011 Condition 2011 Condition

Courtesy – Google Maps Attached Sidewalk/Bike Lanes VTA created using streetmix.net. Dimensions are approximate. Section View

2016 Condition 2016 Condition

Buffered Sidewalks/Parking Lane/Bike Lanes VTA created using streetmix.net. Dimensions are approximate. Section View

20 6.11.a Emerging Trends for 2017

15% Next Network/ Coverage Land Use

85% Transportation Ridership Integration

Next Network Balance

SB 743 LOS VMT

Auto Level of Service to Vehicle-Miles-Traveled

www.dreamstime.com

21 6.11.b

VTA Development Review Program

Quarterly Report October, November, December of 2016

Development Review Projects Summary Comments Approved Lead Map this this Agency No. CMP ID Project Name/Location Project Description Document Type Quarter? Quarter? VTA Comment Topics Land Use and Transportation; Transportation General Use Permit for expansion Demand Management and Access to Transit; through 2035, includes 2.3 million net s.f. Transportation Demand Management Monitoring; academic buildings, 3,150 housing units, Transportation Impact Analysis Report; Vehicle Miles County of Stanford University General Use 40,000 s.f. childcare facilities, and General Use Traveled Analysis; Housing; Bicycle, Pedestrian and Santa Clara 1 CO1601 Permit (GUP) 2018 potential transit hub Permit Update Y Trail Accommodations Pruneyard Redevelopment - Addition of 18,600 s.f. retail, 100,000 s.f. Pedestrian and Bicycle Accommodations; Parking City of Northwest corner of Bascom Avenue office, and 12,000 s.f. retail/office OR Management; Transportation Demand Management; Campbell 2 CM1501 and Campbell Avenue 30,000 s.f. fitness center Initial Study Y Trip Generation Monitoring

Land Use; Pedestrian Accommodations & Access to City of Transit; Bicycle Accommodations; Transportation Cupertino 3 CU1602 19160 Stevens Creek Boulevard 19 affordable senior units Site Plan Y Demand Management - Transit Incentives

Pedestrian Accommodations and Access to Transit; 19,700 s.f. commercial in two buildings: Initial Study, Bicycle Accommodations; Transportation Demand Town of one with 15,500 s.f. office, the other with Site Plans, and Management - Transit Incentives; Further Caltrans Los Gatos 4 LG1501 201-223 Los Gatos Saratoga Road 4200 s.f. retail or restaurant TIA Y Intersection Review 30,700 square feet of office development Pedestrian Accommodations and Access to Transit; Town of on 1.31 acres to replace existing Initial Study, Bicycle Accommodations; Transportation Demand Los Gatos 5 LG1601 15860-15894 Winchester Boulevard development Site Plans, TIA Y Management - Transit Incentives; Bus Service Transportation Impact Analysis (TIA) Report, City of 16250 Vineyard Warehouse - 16250 17,587 s.f. warehousing building with Pedestrian Accommodations; Bicycle Morgan Hill 6 MH1612 Vineyard Boulevard about 8,854 s.f. allocateded to office Site Plans Y Accommodations

Transportation Impact Analysis (TIA) Report; City of Granite Plaza - Northwest corner of Pedestrian Accommodations and Access to Transit; Morgan Hill 7 MH1611 Monterey Road and John Wilson Way 47,000 to 94,000 s.f. commercial Site Plans Y Bicycle Accommodations

City of Navarro Wine Bar - 70 E. 4th Street at Pedestrian Accommodations and Access to Transit; Morgan Hill 8 MH1610 Depot Street Commercial wine bar and tasting bar Site Plans Y Bicycle Accommodations

City of Gunter Lofts - 17620 Monterey Road, 9000 s.f mixed use building and 15 Morgan Hill 9 MH1609 north of Main Avenue residential units Site Plans Y Land Use; Pedestrian and Bicycle Accommodations Land Use; Transportation Impact Analysis (TIA) Report; Pedestrian Accommodation and Access to Transit; Site Circulation; Roadway Congestion and City of Pear Avenue Mixed Use - Bounded by 850 residential units and 234,247 s.f. Traffic Analysis; Bicycle Accommodations; Mountain La Avenida, Inigo Way, and Space office to replace 103,513 s.f. office- Transportation Demand Management (TDM) & Trip View 10 MV1607 Park Way industrial NOP Y Reduction Land Use Mix; Access to Transit; Transportation City of Demand Management/Trip Reduction; Bicycle and Mountain Microsoft Silicon Valley Campus - 128,000 s.f. office added to existing Pedestrian Accommodations; Roadway Congestion View 11 MV1608 1045-1085 La Avenida Microsoft campus SSTA Y and Improvements 6.11.b

Development Review Quarterly Report Page 1 of 4 October, November, December 2016 Comments Approved Lead Map this this Agency No. CMP ID Project Name/Location Project Description Document Type Quarter? Quarter? VTA Comment Topics

Land Use Mix; Bicycle and Pedestrian City of Accommodations; Transit Accommodations; Mountain Transportation Demand Management/Trip View 12 MV1606 2000 N. Shoreline Boulevard Office 595,000 s.f. office SSTA Y Reduction; Roadway Congestion and Improvements

CEQA City of Checklist, Draft Mountain SSTA, TDM Land Use; Pedestrian and Bicycle Accommodations; View 13 MV1605 2268-2290 El Camino Real 144-unit apartment development Report Y Transportation Demand Management St. James Park Capital Vision & Levitt Land Use; Scope of Transportation Analysis; Pavilion - Bounded by E St. James Potential Impacts on Transit Safety and Operations; City of San Street, E St. John Street, N 1st Street, Construction of a 7,000-seat 1984 Master Agreement for the Downtown Transit Jose 14 SJ1613 N 3rd Street performance venue and park renovation. TOA Scope Y Mall; VTA Permits; CPUC Permits

Land Use; Transportation Impact Analysis (TIA) Report; Pedestrian Accommodations and Access to 308 residential units, 187 hotel rooms, Transit; Pedestrian Accommodations - Site City of San 209,779 s.f. office use, 14,116 s.f. retail Circulation; Bicycle Accommodations; Transportation Jose 15 SJ1625 Museum Place -180 Park Avenue use, 60,000 additional museum space NOP Y Demand Management (TDM) & Trip Reduction

Pedestrian Accommodations and Access to Transit; City of San 307 condominium units, 330 apartment Bicycle Accommodations; Transportation Demand Jose 16 SJ1624 SJSC Towers - 39 N 5th Street units, 19,000 s.f retail on 1.4 acres Site Plans Y Management/Trip Reduction Amendments to Planned Jobs and Housing Addendum to Allocations; Urban Village Horizon Phasing, Transit- Update of the City of San Jose's General Program EIR Oriented Development (TOD), and Affordable Plan to the year 2040; Addendum for and Housing; Ongoing VTA-City Land Use/Joint City of San Envision 2040 General Plan November 2016 reduces job capacity, Supplemental Development Coordination; Advancing TOD Beyond Jose 17 SJ0907 Addendum but retains residential capacity Program EIR Y Y Urban Village Areas City of San Holden of San Jose Assisted Living 200 unit assisted living facility to replace Initial Study, Pedestrian and Bicycle Accommodations and Jose 18 SJ1622 Facility nursery Traffic Memo Y Access to Transit Transportation Impact Analysis (TIA) Report, Truck Intensive Uses, Pedestrian and Bicycle Accommodations, Transportation Demand City of San Blanchard Road 415,000 s.f. industrial warehouse on 30 Management/Trip Reduction, CMP Facilities, CPUC Jose 19 SJ1621 Warehouse/Distribution Center acres NOP Y Coordination Land Use; Pedestrian and Bicycle Accommodations; Transportation Impact Analysis (TIA) Report; Congestion Impact on Transit Travel Times; Stevens Creek Promenade - 4300 252,000 s.f. office and 500 residential Transportation Demand Management/Trip City of San Stevens Creek Boulevard, west of units to replace 163,000 s.f. TIA NF, Scope Reduction; Intersection and Freeway Analysis & Jose 20 SJ1623 Kiely boulevard commercial/office of Work Y Mitigation Measures; Bus Service Pedestrian and Bicycle Accommodations and Replacing an existing golf driving range Access to Transit; Queuing Analysis at Freeway On- with a 200-room hotel, 110,000 s.f. retail Ramp Locations; CMP intersections; Freeway City of San Top Golf Redevelopment - 4701 North and 120-hitting bay facility on a 39-acre Analysis; Transportation Demand Management/Trip Jose 21 SJ1529 First Street site Initial Study YY Reduction 6.11.b

Development Review Quarterly Report Page 2 of 4 October, November, December 2016 Comments Approved Lead Map this this Agency No. CMP ID Project Name/Location Project Description Document Type Quarter? Quarter? VTA Comment Topics

Transportation Impact Analysis (TIA) Report, SEIR America Center II, Building 5 - NE of Addition to existing Legacy America Project Description, Pedestrian, Bicycle City of San America Center Drive and Gold Street Center development; additional 160,112 Accommodations & Access to Transit; Jose 22 SJ1525 Connector s.f. of commercial office/R&D NOP Y Transportation Demand Management/Trip Reduction Land Use; Pedestrian and Bicycle Accommodations; City of San 641 N. Capitol Ave Mixed Use Transportation Demand Management – Transit Jose 23 SJ1507 (Live/Work) 190 multifamily residential units Initial Study, TIA Y Incentives

7-story mixed-use development with City of San 26th and Santa Clara Mixed Use 60,000 s.f. commercial and 405 Land Use, Pedestrian and Bicycle Accommodations, Jose 24 SJ1616 Project (Empire Lumber) residential units on a 2.77 gross acre site Initial Study Y Transportation Demand Management/Trip Reduction Convenience store, gas station, car City of San wash, mini storage, and fast food Pedestrian and Bicycle Accommodations & Access Jose 25 SJ1620 645 Horning Street restaurant TIA NF Y to Transit; Bus Service SEIR, Traffic Land Use; Pedestrian Accommodations and Site City of San Gateway Tower - 470 South Market 308 residential units and 8,000 s.f. Operations Design; Bicycle Accommodations; Transportation Jose 26 SJ1603 Street commercial on 0.5-acre site Study Y Demand Management - Transit Incentives 2014 DEIR: 720 residential units, 154,000 s.f. commercial uses, and 260,000 s.f office/commercial uses; Nov Access to Transit and Trip Reductions; Freeway 2016 PDP Amendment to allow up to Impacts and Mitigation Measures; Bicycle City of San 418 residential units (within 2014 PD Permit Accommodations; Transportation Demand Jose 27 SJ1305 iStar San Jose approval) Amendment Y Management - Transit Incentives Freeway Impacts and Mitigation Measures; Secondary Effects on Intersection Mitigation Measures; Pedestrian Accommodations; Transportation Demand Management/Trip 365,000 s.f. net increase medical office Reduction; Auto Trip Reduction Statement (ATRS); City of San use on 10.96 acres (previously 69,250 Transit Analysis; Long-Range Transportation Jose 28 SJ1407 Samaritan Medical Center s.f. medical office on 2.24 acres) DEIR, TIA Y Analysis 2014 DEIR: 125,000 s.f. casino or 350,000 s.f. office (2 scenarios), and 470 hotel rooms, and parking structure. Dec Land Use; Site Design; Pedestrian and Bicycle 2016 PDP to allow nine-story, 234,192- Accommodations; Transportation Demand City of San square foot office building (within 2014 Management/Trip Reduction; US 101 Express Lanes Jose 29 SJ1323 Bay 101 Casino and Mixed Use approval) PD Permit Y Project Coordination Land Use; Pedestrian Accommodations - Project Frontage and Access to Transit; Site Design; Bicycle City of San Accommodations; Transportation Demand Jose 30 SJ1610 333 W San Fernando 725,000 s.f. office and retail use Site Plans Y Management (TDM) & Trip Reduction 6.11.b

Development Review Quarterly Report Page 3 of 4 October, November, December 2016 Comments Approved Lead Map this this Agency No. CMP ID Project Name/Location Project Description Document Type Quarter? Quarter? VTA Comment Topics

Land Use; Pedestrian Accommodations, Site Design, & Access to Transit; Bicycle Accommodations; Transit – Existing Conditions and Plans; Congestion Impacts on Transit Travel Times; Traffic Management and Operations Plan (TMOP); Expansion of park including net increase Altamont Commuter Express (ACE)/ Capitol Corridor City of Great America Theme Park Master of 100,000 s.f. of (Amtrak) ; Transportation Santa Clara 31 SC1602 Plan - 4701 Great America Parkway commercial/entertainment space DEIR, TIA Y Demand Management (TDM) /Trip Reduction

Land Use; Pedestrian & Bicycle Accommodations and Site Design; Trip Generation and Trip Reductions; Transportation Demand Management; Comprehensive area plan for up to 3,500 Freeway Impacts and Mitigation Measures; City of Lawrence Station Area Plan (Santa housing units and 104,000 s.f.retail on Intersection Impacts and Mitigation Measures; Santa Clara 32 SC1501 Clara) 65 acres DEIR, TIA Y Congestion Impacts on Transit Travel Times Land Use; DEIR Multimodal Analysis; DEIR CMP Facility Impacts and Mitigation Measures; DEIR and City of Lawrence Station Area Plan 2,323 residential units and 1,226,856 net Draft Plan: Transportation Demand Management; Sunnyvale 33 SU1309 (Sunnyvale) s.f. office/employment uses DEIR Y Draft Plan: Additional Comments

Pedestrian Accommodations and Access to Transit; City of Bicycle Accommodations; Transit Delay Analysis; Sunnyvale 34 SU1604 675 Almanor Ave Office/R&D Project 154,716 s.f. office/R&D TIA Y Transportation Demand Management/Trip Reduction

City of Pedestrian and Bicycle Accommodations; Sunnyvale 35 SU1607 445 and 455 N. Mary Avenue 171,734 s.f. office TIA Y Transportation Demand Management/Trip Reduction Land Use; Potential Impacts to Transit - Vehicular Access; VTA and CPUC Permits; Pedestrian and Bicycle Accommodations; CMP Facility Impacts and City of 1120 Innovation Way - north of SR 217-room hotel (replacing former fire Mitigation Measures; Transportation Demand Sunnyvale 36 SU1606 237/Moffett Park Drive station) TIA Y Management (TDM) / Trip Reduction Land Use; Pedestrian and Bicycle Accommodations; City of NetApp Phase I - 1240 Crossman Freeway Segment Impacts; Transportation Demand Sunnyvale 37 SU1602 Avenue 332,970 s.f. office/R&D uses Draft TIA Y Management/Trip Reduction

Land Use; Transportation Network Connectivity; City of 1050-1090 Kifer Road Office/R&D Pedestrian and Bicycle Accommodations; Sunnyvale 38 SU1605 Project 602,000 net new s.f. office/R&D space TIA Y Transportation Demand Management/Trip Reduction Draft LUTE: Major Strategies, Mixed Use and Village Center; Roadway Classifications; DEIR: Roadway Classifications, Transportation Analysis-General, Citywide Update of the Land Use and Congestion Impacts on Transit Travel Times, City of Land Use and Transportation Element Transportation Element (LUTE) of the Congestion Impacts and Air Quality/VMT Impacts, Sunnyvale 39 SU1507 (LUTE) General Plan DEIR Y Freeway Impacts 6.11.b

Development Review Quarterly Report Page 4 of 4 October, November, December 2016 6.11.b Development Review Projects October - December 2016

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ABAG Association of Bay Area Governments ND Negative Declaration ABC Across Barrier Connections NOI Notice of Intent AC Acre(s) NOP Notice of Preparation ACE Altamont Corridor Express PCC Portland Concrete Cement ATRS Auto Trip Reduction Statement PDA Priority Development Area BART Bay Area Rapid Transit PDP Planned Development Permit BMPs Best Management Practices PDR Planned Development Rezoning BRT Bus Rapid Transit PE Preliminary Engineering BTG Bicycle Technical Guidelines PTG Pedestrian Technical Guidelines CDT Community Design & Transportation PUD Planned Urban Development CMP Congestion Management Program QOS Quality of Service CSA Construction Staging Area R&D Research & Development CUP Conditional Use Permit RES Residential CWC Citizen Watchdog Committee ROW Right-Of-Way DASH Downtown Area Shuttle SAR Site and Architectural Review DEIR Draft Environmental Impact Report SCVWD Santa Clara Valley Water District DU/AC Dwelling Units Per Acre SDP Site Development Permit EIR Environmental Impact Report SF Square Foot ER Environmental Review SF RES Single-Family Residential FAR Floor Area Ratio SOV Single-Occupant Vehicle FEIR Final Environmental Impact Report SPA Specific Plan Amendment GHG Greenhouse Gas SPRR Southern Pacific Railroad GPA General Plan Amendment SSTA Site-Specific Transportation Analysis HCM Highway Capacity Manual SWPPP Storm Water Pollution Prevention Program HOV High-Occupancy Vehicle TCE Temporary Construction Easement HSR High-Speed Rail TDM Transportation Demand Management IS Initial Study TIA Transportation Impact Analysis ITS Intelligent Transportation System TIA NF Transportation Impact Analysis Notification Form LOS Level of Service TM Tentative Map LRT Light Rail Transit TMA Transportation Management Association LU/TD Land Use/Transportation Diagram TOA Traffic Operations Analysis MF RES Multi-Family Residential TOD Transit-Oriented Development MM Mitigation Measure TPA Transit Priority Area MMRP Mitigation Monitoring & Reporting Program UPRR Union Pacific Railroad MND Mitigated Negative Declaration VMT Vehicle Miles Traveled MTC Metropolitan Transportation Commission VTP Valley Transportation Plan

7.1

Date: March 29, 2017 Current Meeting: April 6, 2017 Board Meeting: April 6, 2017

BOARD MEMORANDUM

TO: Santa Clara Valley Transportation Authority Board of Directors

THROUGH: General Manager, Nuria I. Fernandez

FROM: Chief Financial Officer, Raj Srinath

SUBJECT: Selection of a Developer for Tamien Joint Development Negotiations

Policy-Related Action: No Government Code Section 84308 Applies: Yes

ACTION ITEM

RECOMMENDATION:

Authorize the General Manager to enter into an Exclusive Negotiations Agreement (ENA) with Republic Tamien LLC (a Joint Venture of Republic Urban Properties and The Core Companies) for negotiation of the proposed terms and conditions of a Joint Development Agreement for a Joint Development project at the Tamien Station. If agreement cannot be reached with Republic Tamien LLC during the ENA term, authorize the General Manager to enter into an ENA with ROEM Development Corporation.

BACKGROUND:

The Board of Directors adopted VTA’s current Joint Development Policy in 2009, and it subsequently approved 23 locations as sites in the Joint Development portfolio, including the Tamien Station. Joint Development is mixed-use, mixed-income Transit Oriented Development pursuant to Federal Transit Administration Joint Development Circular requirements.

The three Joint Development program goals listed by priority in the Policy can be summarized as: (1) generate a long-term stable source of revenues for VTA; (2) create high-quality transit- oriented development that achieves highest and best use and provides affordable housing; and (3) create development that generates ridership growth and/or enhances VTA assets. Amendments by the Board of Directors to the Joint Development Policy in 2016 established a comprehensive affordable housing policy, with a goal for 35% of all residential units to be affordable when the portfolio is built out, and a minimum requirement for each project to provide at least 20% affordable units. It also established a goal for community workforce opportunities in projects.

7.1

In 2016, VTA completed a two-year effort when the rezoned the approximately seven acre Tamien Station Joint Development site to allow up to 440 dwelling units, with up to 3,000 square feet of commercial space. The approval also included a City goal to increase the commercial space to up to 10,000 square feet in order to allow a new childcare center (the existing Bright Horizons childcare center at the Tamien Station will move to a new location in the area). VTA sold an additional 3.5 acres of land at Tamien Station to the City of San Jose for creation of a long-desired neighborhood park and construction has already commenced. Through a separate action, VTA completed environmental clearance for a replacement parking structure that will replace all of the existing parking spaces in the Tamien Park and Ride lot that will be the site of the Joint Development project.

On September 27, 2016, pursuant to the process set forth in the Joint Development Policy and Board authorization, VTA’s Real Estate & Joint Development Department initiated a Request for Proposals (RFP) selection process for the Tamien Station. The RFP document required interested developers to submit a detailed development proposal that describes how they would design, finance, build, and manage the Joint Development project pursuant to a long-term ground lease from VTA. The RFP was distributed to an extensive list of national, regional, and local developers experienced in mixed-use development, including affordable housing developers. VTA staff conducted two pre-proposal meetings to allow interested developers to discuss the project with VTA staff and each other. VTA staff responded to a number of written questions from interested parties. Prior to issuance of the RFP, VTA conducted a Tamien community meeting to provide residents with an update on the Joint Development project, the upcoming RFP, and VTA’s plans for working with the community once a developer is selected for an ENA.

DISCUSSION:

VTA received two proposals by the deadline of January 20, 2017: one from Republic Tamien LLC, a Joint Venture of Republic Urban Properties and The Core Companies (Republic Tamien); and the other from ROEM Development Corporation (ROEM). Both proposals call for development of 440 residential units and 3,000 square feet of commercial space pursuant to the recent City rezoning of the site. Attachment A to this memorandum summarizes the key considerations for each proposal. Attachment B presents more details from each proposal.

The proposals were evaluated by VTA-retained experts in architecture, parking, engineering and development economics. An evaluation panel consisting of VTA staff from Real Estate & Joint Development, Planning and Program Development, and the General Counsel’s office, along with a Tamien Station area community member, was convened to review the technical evaluation, assess the proposals, and conduct interviews.

VTA staff spoke with numerous developers during the RFP offering who expressed strong interest in VTA Joint Development projects. At the same time, many of these developers indicated that they could not submit a proposal for the Tamien site because of the challenge to formulate a feasible development project. The feasibility challenge is due to the RFP requirement that developers finance and build the parking structure before they start the residential development, with no VTA funds available for the replacement parking structure. Other cited factors include: (i) Tamien Station is not in an established market for multi-family residential development; (ii) the late stage of the current economic cycle; and (iii) challenges presented by

Page 2 of 5 7.1

ongoing construction cost inflation in the Silicon Valley market.

The evaluation panel assessed the proposals based on the criteria set forth in the RFP: (a) the quality of the development proposal, including the affordable housing commitment; (b) the proposed financial offer and other proposed terms and conditions, including benefits such as community workforce opportunities; (c) the proposed development team’s experience (including a reference check); and (d) the financial capacity and financial strength of the proposed development team. The panel’s mandate was to reach a consensus on the proposal that overall best accomplishes all of the goals and objectives identified in the RFP.

The panel determined that both the Republic Tamien and ROEM proposals have the potential for successful negotiation of a Joint Development Agreement that accomplishes Joint Development Policy goals. The panel’s consensus finding, as set forth in Attachment C to this memorandum, is that the Republic Tamien proposal is overall superior for the following reasons:

 Greater Proceeds to VTA. The Republic Tamien proposal is projected to generate for VTA over the term of the ground lease $49.7 million in cash payments (current dollars), versus $25.5 million from the ROEM proposal (a comparison for Net Present Value is1 $8.5 million from Republic Tamien and $5 million from ROEM).

 Higher Quality Residential Development. The Republic Tamien proposal calls for construction of podium buildings for both affordable and market-rate residential. Podium construction results in a courtyard and residential construction on a podium above parking. By comparison, the ROEM proposal calls for a podium building for the affordable units, however it uses wrap buildings for the market-rate units. Wrap buildings involve residential units built around an interior parking structure, and does not create as desirable residential units, which could affect long-term rental revenue growth and VTA’s share of proceeds.

 Less Risk for Replacement Parking Structure Development. The Republic Tamien proposal calls for a parking structure with an estimated cost of $23 million, and a design with the potential for adaptive reuse to another use if future parking demand decreases. This estimate is consistent with the projected cost anticipated by VTA’s parking engineer. The ROEM proposal provides an allowance of $13 million for the replacement parking structure, with VTA responsible for any cost overruns (this figure is based on shifting the first 20 years of ground rent payments to the parking structure budget). ROEM’s estimated cost is approximately two-thirds of the cost typically incurred by developers for parking structures, and while ROEM makes an argument for how its vertically integrated design-build approach can significantly lower costs, the low cost and lack of ROEM’s commitment to build the structure irrespective of actual cost results in a substantial risk to VTA.

 Meets Affordable Housing Requirement. The Republic Core proposal calls for 20 percent of the residential units to be affordable units meeting the RFP’s minimum requirement. By comparison, ROEM proposes a higher level of affordable housing at 30 percent of residential

1 Net Present Value (NPV) discounts cash flow over a period of time to a single figure in today’s dollars. This calculation accounts for the time value of money (i.e. $1 today is worth more than $1 in the future). A discount factor of 5% was used for this calculation.

Page 3 of 5 7.1

units and ROEM’s proposal is superior in this regard. The community member who served on the evaluation panel concurred while emphasizing the importance of VTA maximizing affordable housing production at Tamien station.

The evaluation panel made recommendations for how the Republic Tamien proposal could be improved that could serve as a basis for VTA’s negotiation objectives during the ENA period. For the Republic Tamien proposal the negotiation objectives would include but are not limited to: (a) move construction of affordable housing to the first phase of residential development; (b) consider enhancing the provision of affordable housing as well as deeper affordability pursuant to the Joint Development Policy goal; and (c) revise and condense the phasing of development to reduce community impacts and shorten the overall project timeline.

The evaluation panel recommendations for to improve the ROEM proposal, if and when VTA would enter into an ENA, include: (a) increase ground lease revenues so there is an initial payment starting upon completion of the first phase of construction, and the ground rent for the market-rate portion of the project is reset to fair market value at the earliest feasible date; (b) provide a guarantee for completion of the replacement parking structure that shifts completion and financial risk solely onto ROEM in the event of cost overruns; and (c) an enhanced commitment to recruitment of a childcare operator for the childcare space.

Following the Board’s approval of a developer for an ENA, VTA Real Estate & Joint Development staff, assisted by its consultant team, will commence negotiations with the selected developer on the terms and conditions of a Joint Development Agreement and a long-term ground lease. The Joint Development Agreement will set forth contractual terms and conditions to be met by both parties, including contingencies for design and entitlement approvals, permit requirements, financing commitments, and other conditions that would need to be satisfied before VTA executes a ground lease agreement. VTA staff will submit the proposed Joint Development Agreement to the Board of Directors for review and approval once negotiations have been completed, and request authorization for the General Manager to sign the Agreement.

ALTERNATIVES:

The Board of Directors could select the other submitted development proposal. It could provide additional guidance for negotiations on either proposal. Alternatively, it could reject both proposals and direct staff to commence a new RFP offering, reevaluate plans for Joint Development at the Tamien station, or provide direction for other actions. FISCAL IMPACT:

Exclusive negotiations will require use of VTA consultants to assist with review of ongoing developer submittals and negotiations. To the extent possible, VTA staff will seek to have the selected developer reimburse these expenses (proposals included a $25,000 check as initial payment towards these expenses). Any other VTA project-related expense will be paid from the Joint Development Fund. Successful completion of a Joint Development project would result in VTA receiving a new parking structure worth as much as $20 million+ and associated future parking revenues, as well as ongoing ground lease payments during the ground lease term. STANDING COMMITTEE DISCUSSION/RECOMMENDATION:

Page 4 of 5 7.1

The Administration & Finance Committee considered this item on March 16, 2017. The Committee recommended Board approval of the item. Vice Chairperson Liccardo recused.

The committee members emphasized the following considerations for staff as it works with a developer:  Increasing the number of affordable housing units, and making them equivalent to market-rate units in all respects.  Pursue opportunities to use Measure A funds to increase the number of affordable units and affordability.  The childcare facility should be affordable and sized to meet demand from residents and those in the neighborhood.  Shorten the project timeframe as much as possible to reduce community impacts.  Use a range of Transportation Demand Management (TDM) tools to address the first- /last-mile challenge and transit increase ridership.  Evaluate the opportunity to configure the replacement parking structure to support future adaptive reuse.

Prepared by: Ron Golem Memo No. 5993

ATTACHMENTS:  Attach A - Proposal Comparison - JD Policy Goals (PDF)  Attach B1 - Republic Tamien Proposal Summary (PDF)  FINAL-Attach B2 - ROEM Proposal Summary (PDF)  Attach C - Evaluation Panel Report 3-8-17 (PDF)  Attachment D final (002) (PDF)

Page 5 of 5 7.1.a Attachment A Proposal Comparison: Joint Development Policy Goals

REPUBLIC TAMIEN ROEM 65 years + two 10-year extensions 50 years + two 25-year extensions LEASE TERM (85 years total) (100 years total) MARKET-RATE 352 308 UNITS AFFORDABLE UNITS 88 (20%) 132 (30%) EST. GARAGE COST $23 million $13 million Committed to providing child care on Will build child care space and market CHILD CARE site to child care providers

JOINT DEVELOPMENT REPUBLIC TAMIEN ROEM POLICY GOALS PROS: PROS:  Total Revenue: $49.7 million  Total Revenue: $25.5 million GENERATES A  Net Present Value:  Net Present Value: LONG-TERM STABLE  $8.5 million $5 million REVENUE SOURCE CONS/RISKS: CONS/RISKS: (50 YEAR ANALYSIS)  Rent commencement at  Potential replacement parking project milestone versus fixed garage cost overruns could date impact revenue PROS: PROS: HIGH QUALITY  Meets affordable housing  30% affordable housing policy minimum (20%)  TRANSIT-ORIENTED Shorter overall construction  High quality podium-style timeline DEVELOPMENT buildings WITH AFFORDABLE CONS: CONS: HOUSING  Longer overall construction  Wrap-style market-rate timeline building PROS: PROS:  Shorter lease term  Entire replacement parking  Convertible parking structure structure to be completed in ENHANCES design allows adaptive reuse Phase 1 RIDERSHIP GROWTH  Transportation demand AND/OR VTA ASSETS management program CONS: CONS:  Combined resident and rider  Longer lease term station access

7.1.b Attachment B: Republic Tamien Proposal Summary Terms: Item Proposal

Units 352 market-rate, 88 affordable (20%)

Lease Term Initial term of 65 years and two 10-year extensions (85 years total)

Lease Payment $100,000 per year (+inflation) starting after completion of the first building; Rent adjusted to market after ~30 years

Estimated Cost of Garage $23 million

Phasing Phase I: Market Rate Apartments & 285-Stall Parking Garage Phase II: Market-Rate Apartments, Affordable Housing, Child Care Center, & 285-Stall Parking Garage

Risks Possible delay of affordable housing and rent commencement until second phase

Total Revenue (50 Years) $49,693,277

Net Present Value* (50 years) $8,535,945

*Net Present Value: The present value of future cash inflows. Calculation assumes a 5% discount rate.

Benefits:  Self-sufficient childcare facility partnership with Bright Horizons, including a possible family subsidy program  Convertible parking structure design allows adaptive reuse  Transportation demand management concepts including rideshare as a first/last mile service to residents (e.g Lyft partnership)  Experience working with local contractors and community workforce agreements  LEED Silver

Project Proposed Quantity Market Rate Units 352 Affordable Units 88 Replacement Parking Spaces 566

Affordability Range Proposed Units Percentage Extremely Low Income (<30% AMI) 11 13% Very Low Income (30-50% AMI) 54 61% Low Income (50-80% AMI) 23 26% Moderate Income (80-120% AMI) 0 TOTAL 88 *AMI = Area Median Income

7.1.b Project Rendering and Site Plan:

Proposed Schedule:

7.1.c Attachment B: ROEM Proposal Summary Terms: Item Proposal

Units 308 market-rate, 132 affordable (30%)

Lease Term Initial term of 50 years and two 25-year extension (100 years total)

Lease Payment $750,000 per year starting in year 21; 5% increase every 5 years thereafter

Estimated Cost of Garage $13 million

Phasing Phase I: Parking Structure Phase II: Affordable apartments Phase III: Market Rate Apartments

Risks Estimated garage construction cost of $13 million is 65% of industry standard; Cost overruns would impact ground lease payments

Total Revenue (50 years) $25,507,173

Net Present Value* (50 years) $5,000,387

*Net Present Value: The present value of future cash inflows. Calculation assumes a 5% discount rate.

Benefits:  30% affordable housing achieves all of City of San Jose’s desired affordability levels  Preference for local subcontractors during construction and operation and maintenance  Established apprenticeship program: 1 hour of apprentice work for every 5 hours of journeyman work; training contributions  Provide childcare facility space at a discounted rate with marketing efforts for childcare uses; flex space in the event of not securing childcare  LEED Silver

Project Proposed Quantity Market Rate Units 308 Affordable Units 132 Replacement Parking Spaces 566

Affordability Range Proposed Units Percentage Extremely Low Income (<30% AMI) 8 6% Very Low Income (30-50% AMI) 95 72% Low Income (50-80% AMI) 17 13% Moderate Income (80-120% AMI) 11 8% 1 Manager Unit TOTAL 132 *AMI = Area Median Income 7.1.c Project Rendering and Site Plan:

Proposed Schedule:

Replacement Garage Affordable Construction Garage Housing Begins Completion Completion • 2018 • 2019 •2020

Affordable Market Rate Market Rate Housing Construction Housing Construction Begins Completion Begins • 2019 • 2021 • 2018

7.1.d

Attachment C: Evaluation Panel Report

Republic Tamien, LLC, a joint-venture company between Republic Urban Properties and The Core Companies ("Republic Tamien”):

A. Quality of Development Proposal

VTA seeks development proposals that describe high-quality Transit-Oriented Development (“TOD”) that represents best practices, supports TOD on other adjacent and nearby sites, and maximizes benefits for both VTA and the community. The Republic Tamien proposal includes 20% affordable housing (88 units total) with 74% of those units below 50% Average Medium Income (“AMI”). The proposal meets VTA’s Affordable Housing Policy goals, but did not include City of San Jose desired affordable units at moderate income levels (80% - 120% AMI). The community member participant on the panel strongly advocated for additional affordable units at deeper affordability levels. Three-bedroom units represent 25% of the affordable units in this proposal. Phase 1 consists of one market rate building and half of the replacement parking stalls (1/2 remains at grade). Phase 2 includes the additional market rate building, the affordable housing building, child care center, and the remaining replacement parking stalls. This longer development timeline would impact the neighborhood for a longer period of time as well as delay affordable housing to the second phase. Review panelists expressed interest in advancing affordable housing to the first phase. The current timeline projects completion by 2023. The proposal features a podium-style development (parking underneath a podium structure, with courtyards and residential above) for both affordable and market rate units, which the panels believes will result in a high quality design and resident experience. Republic Tamien included a vision for adaptive reuse of the garage structure for commercial purposes allowing flexibility in the event of parking demand changes over time. The proposed architectural design is conceptual in various aspects and is not as detailed as the other proposal. Future negotiations will need to ensure the quality and creativity shown in the submittal will continue and be enhanced as design work progresses. The proposal included circulation complementary to transit operations by maintaining kiss- and-ride and other access amenities on the residential portion of land.

1

7.1.d

B. Offer/Terms to VTA

VTA seeks financial proposals that maximize VTA’s long-term financial return. VTA also seeks to maximize public benefits, including, but not limited to, more below-market rate units, a larger number of below-market rate family size apartments, and a quantifiable increase in community workforce opportunities. Over 50 years, Republic Tamien’s proposal returns $49.7 million in total consideration with a net present value of $8.5 million1. Although the proposal indicated that there would be a delay in rent until completion of the second market rate building, the team offered to advance that payment to completion of the first building during the interview. The team incorporated a childcare solution that indicated their understanding of the needs and willingness to attract a provider. The team met with Bright Horizons (childcare on site) to discuss the feasibility of preserving them as a tenant and have committed to maintaining childcare use on site. The proposal included information on their existing partnership with Lyft to provide first/last mile rides at other transit-oriented development locations and committed to offer similar benefits to Tamien residents. The proposal also mentioned additional transportation demand management concepts and partnerships with bike and pedestrian planners. The team committed to LEED Silver certification and utilization of apprentice labor. C. Development Team Experience VTA seeks a Developer who has demonstrated experience with the successful development and operation of one or more projects similar to what is envisioned for Tamien Station, including the ability to successfully work with public agencies and diverse communities. VTA seeks demonstrated experience on the development team in the successful completion of multiple affordable housing development projects that utilize Low Income Housing Tax Credits (LIHTC). Republic Tamien brings together two development companies that have extensive experience in both market rate and affordable housing within the San Jose area. The two groups have successfully worked together with other transit agencies, such as BART, on similar TOD projects. Having multiple development partners could provide VTA greater security in the instance of defaults. The Republic principal did not attend the interview, though Core’s principal attended and led the team’s presentation. The team has not yet identified a project manager or day-to- day point of contact for the project. Prior to submitting their proposal, the team contacted residents within the neighborhood to begin public outreach efforts. The proposal detailed a robust outreach plan including use of

1 Net Present Value (NPV) discounts cash flow over a period of time to a single figure in today’s dollars. This calculation accounts for the time value of money (i.e. $1 today is worth more than $1 in the future). A discount factor of 5% was used for this calculation. 2

7.1.d

a public relations consultant. The team has a strong understanding of the community needs due to recent development experience within the neighborhood. References highlighted this partnerships’ ability to handle complex projects. They expressed flexibility and desire to work with the VTA to accomplish competing goals.

D. Financial Capacity and Strength of the Development Team and Applicants VTA seeks a developer who has the capability to obtain financing for the proposed project, as demonstrated by its previous history of completed projects, as well as current financing activities for pending projects. Core provided strong company level financials while Republic provided personal financials for the Chairman of the Board who has provided personal guarantees for lenders and completion of projects. The project team had third-party verifications of sufficient bonding capacity for a project of this size. The team demonstrated success in obtaining project financing for both market rate and affordable housing projects.

ROEM Development Corporation (“ROEM”):

A. Quality of Development Proposal

VTA seeks development proposals that describe high-quality Transit-Oriented Development (“TOD”) that represents best practices, supports TOD on other adjacent and nearby sites, and maximizes benefits for both VTA and the community. The ROEM proposal includes 30% affordable housing (132 units total) with 79% of those units below 50% AMI. They provided affordable housing at all of the City of San Jose’s required income levels. They proposed a greater number of affordable units, and have committed to providing 25% of affordable housing as 3-bedroom units. Phase 1 consists of the replacement parking structure followed by the affordable housing building in Phase 2. Phase 3 includes the market rate apartments. The community member from the panel preferred this timeline and phasing plan over the other respondent team, however other members on the panel expressed concern regarding potential market feasibility issues that might result from this proposal’s lack of phasing. The current timeline projects completion by 2021. The proposal features a wrap-style development (above-ground parking surrounded by residential units) for market rate units and a podium-style development for the affordable units. The panel commented that a wrap style project is inferior quality (for marketplace quality and resident experience) to a podium style project. The team provided a comprehensive architectural package inclusive of public art and creating a destination experience for the station.

3

7.1.d

The site plan included separated transit traffic access, however there was concern over the feasibility of the area commited to kiss and ride drop off areas.

B. Offer/Terms to VTA

VTA seeks financial proposals that maximize VTA’s long-term financial return. VTA also seeks to maximize public benefits, including, but not limited to, more below-market rate units, a larger number of below-market rate family size apartments, and a quantifiable increase in community workforce opportunities. Over 50 years, the ROEM proposal returns $25.5 million in total consideration with a net present value of $5 million. Rental payments would begin at year 21 as the team considers construction of the parking structure to function as rental payments for the first twenty years. The expert consultants and the majority of the review panel were concerned with the estimated cost presented by the team for the replacement parking structure. The total cost may be underestimated by up to 40%. This cost shortage shifts the risk of cost overruns on the structure to VTA. The proposal included a plan to build childcare space that would be marketed by ROEM to childcare providers. The space could be converted to other commercial uses in the event the marketing efforts to attract a childcare tenant is not successful. The proposal incorporated a robust apprentice program including specifying a minimum of one hour of apprentice work for every five hours of work performed at the journeyman level as well as providing training contributions. The team committed to LEED Silver certification. C. Development Team Experience VTA seeks a Developer who has demonstrated experience with the successful development and operation of one or more projects similar to what is envisioned for Tamien Station, including the ability to successfully work with public agencies and diverse communities. VTA seeks demonstrated experience on the development team in the successful completion of multiple affordable housing development projects that utilize Low Income Housing Tax Credits (LIHTC). References confirmed that ROEM is an expert in both market rate and affordable housing. They have statewide experience working on other TOD projects with agencies including Los Angeles County Metro and Caltrain. Additionally, the team has significant affordable housing experience and connections with City of San Jose and local housing departments and programs. The firm is vertically integrated and both principals and day-to-day project managers were identified and at the interview. The proposed parking garage contractor was not present.

4

7.1.d

D. Financial Capacity and Strength of the Development Team and Applicants VTA seeks a developer who has the capability to obtain financing for the proposed project, as demonstrated by its previous history of completed projects, as well as current financing activities for pending projects.

ROEM provided company-level financials which demonstrated adequate development resources for the project, including sufficient bonding capacity for a project of this size. The team demonstrated success in obtaining project financing for both market rate and affordable housing projects. They presented extensive knowledge regarding local affordable housing funding sources.

Panel Recommendation:

After consideration of the development proposals, their relative advantages, and the range of risks presented by each one, the panel reached a consensus that the Republic Tamien proposal presents the best overall opportunity to accomplish the full range of objectives identified in the RFP. This is based on the following considerations:  Greater Proceeds to VTA. Over 50 years, the Republic Tamien proposal is projected to generate approximately $24 milion more to VTA. The lower proceeds from ROEM (including lower NPV) is largely due to its deferral of the first 20 years of ground rent, in order to set these funds aside as a credit towards the cost of the replacement parking structure.

Revenue Summary Republic Tamien ROEM Total Revenue (50 Years) $49,693,277 $25,507,173 Net Present Value (50 Years)* $8,535,945 $5,000,387 *Net Present Value (NPV) discounts cash flow over a period of time to a single figure in today’s dollars. This calculation accounts for the time value of money (i.e. $1 today is worth more than $1 in the future). A discount factor of 5% was used for this calculation.  Higher Quality Residential Development. The Republic Tamien proposal calls for construction of podium buildings for both affordable and market-rate residential. By comparison, the ROEM proposal calls for a podium building for the affordable units, however it uses wrap buildings for the market-rate units which could affect long-term rental revenue growth and the value of the project when it reverts to VTA at the end of the ground lease. Both proposals include a child care center in the design, as an amenity to the residential development as well as a service for the surrounding neighborhood (the existing Bright Horizons childcare center at the Tamien Station will relocate to another site in the area prior to the start of construction for the Joint Development project). Republic Tamien’s proposal is superior in this regard as it commits to locating a childcare center operator (and is in discussions with Bright Horizons for another location), while ROEM’s proposal makes a 5

7.1.d

childcare center contingent upon the provision of subsidy from the City of San Jose (augmented in the interview by a plan to market the space and offer discounted rent).  Less Risk for Replacement Parking Structure Development. The Republic Tamien proposal calls for a parking structure with an estimated cost of $23 million, and a design with the potential for adaptive reuse of the parking structure if parking demand decreases. This estimate is consistent with the projected cost anticipated by VTA’s parking consultant. The ROEM proposal provides an allowance of $13 million for the replacement parking structure, with VTA likely to be responsible for any cost overruns through reduced ground lease revenues. ROEM’s estimated cost is approximately two-thirds of the cost typically incurred by developers for parking structures, and while ROEM makes an argument for how its vertically integrated design-build approach can significantly lower costs, it results in a substantial risk to VTA. The risks associated with the cost of the replacement parking structure is the most significant risk for successful completion of a Tamien Joint Development Project, since VTA does not have funds available to contribute towards the structure. While other factors were a consideration, this item and the substantial difference in revenues to VTA had the greatest impact on the panel’s consensus that the Republic Tamien proposal is overall most advantageous to VTA.  Meets Affordable Housing Requirement. The Republic Tamien proposal calls for 20% of the residential units to be affordable units meeting the RFP’s minimum requirement. By comparison, ROEM proposes a higher level of affordable housing at 30% of residential units. ROEM’s proposal is superior in this regard. Both proposals provide deep affordability, with approximately three-fourths of all affordable units with rents for households at 50% of Area Median Income or lower. Both proposals had a comparable proportion of 3-bedroom units (with ROEM offering more total units and more 3- bedroom units with its higher percentage of affordable housing). Both proposals identified the same site adjacent to the new City park, with higher quality podium development for the units.

Republic Tamien Proposal for Affordable Housing:

Affordability Range Proposed Units Percentage Extremely Low Income (<30% AMI) 11 13% Very Low Income (30-50% AMI) 54 61% Low Income (50-80% AMI) 23 26% Moderate Income (80-120% AMI) 0 TOTAL 88

ROEM Proposal for Affordable Housing: Affordability Range Proposed Units Percentage Extremely Low Income (<30% AMI) 8 6% Very Low Income (30-50% AMI) 95 72% Low Income (50-80% AMI) 17 13% Moderate Income (80-120% AMI) 11 8% 1 Manager Unit TOTAL 132 *AMI = Area Median Income

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The community member who served on the evaluation panel, while concurring with the panel’s recommendations, strongly emphasized the need for a higher proportion of affordable housing units as the Tamien station area contains a substantial number of lower income households. In his view, this emphasizes the importance for VTA to maximize affordable housing production at the Tamien station. While the panel recommends that the Republic Tamien team be selected for an Exclusive Negotiations Agreement, there are various aspects in which the panel believes it is feasible to enhance the proposal to provide an even better Joint Development project that meets VTA’s objectives. Based on the review of the proposal, the panel recommends these be incorporated into VTA’s objectives for negotiations with the Republic Tamien team, in addition to other objectives that may be identified by Staff or the Board of Directors:  Advance the timing of development for the affordable housing so that it is developed up-front or as part of the initial phase, rather than later in the project;  Consider enhancing the provision of affordable housing as well as deeper affordability pursuant to the Joint Development Policy goal; and  Improve phasing in order to minimize construction impacts to the community, reduce impacts to station access from Lick Avenue, and overall shorten project timeline. Should the VTA be unable to reach agreement on the terms and conditions of an Exclusive Negotiation Agreement or a Joint Development Agreement with Republic Tamien, VTA could subsequently enter into an Exclusive Negotiations Agreement with ROEM. In such event, the evaluation panel’s recommendations for VTA objectives (in addition to other objectives that may be identified by Staff or the Board of Directors) for project negotiation with ROEM, in addition to other objectives that may be identified by Staff or the Board of Directors, include:  Increase ground lease revenues so that there is an initial payment starting upon completion of the first phase of construction, and the ground rent for the market-rate portion of the project is reset to fair market value at the earliest feasible date;  Provide a guarantee for completion of the replacement parking structure that shifts completion and financial risk solely onto ROEM in the event of cost overruns; and  Enhanced commitment to recruitment of a childcare operator for the childcare space.

Overall, both proposals represent high-quality development mixed-use development, and the panel appreciates the effort made by both Republic Tamien and ROEM in the creation of their proposed development programs.

7

Attachment E

Selection of a Developer for Tamien Joint Development Negotiations List of Consultant(s)/Contractor(s)

Firm Name Name Role Location Tamien Republic LLC The Core Companies Chris Neal Market Rate San Jose, CA Developer Republic Urban Michael Van Every Affordable San Jose, CA Properties Developer

Tamien Republic LLC Consultants Blach Construction James Woodbury Contractor San Jose, CA Bright Horizons Child Care San Jose, CA Canyon Snow Jennifer Johnson Public Relations Los Gatos, CA

Cornerstone Earth Kurt Soenen Geo Tech Sunnyvale, CA HMH Engineering Ray Hashimoto Civil Engineering, San Jose, CA Landscape Largo Concrete, Inc. Parking Campbell, CA Design/Engineer Lyft Transportation San Francisco, CA Newmark Cornish & Commercial Broker San Jose, CA Carey Novin Development Iman Novin Affordable Walnut Creek, Consulting Economic CA Consultant Pizadeh & Associates Peter Pirzadeh Traffic Engineer Irvine CA Studio T-Square Sara Liss-Katz Architect Oakland, CA

ROEM Development Robert Emami President San Jose, CA Corporation BKF Scott Schork Engineering San Jose, CA Choate J. Richard Choate Parking Consultant Concord, CA Parking Consultants, Inc Gates + Associates David Gates Landscape San Ramon, CA Architecture Withee Malcom Dan R. Withee and Architectural Torrance, CA Architects, LLP Dirk Thelen Consultant

` Leadership Board TRANSMITTED VIA EMAIL Ron Gonzales, Chair Hispanic Foundation of Silicon Valley March 24, 2017

Janice Jensen, Vice Chair The Honorable Jeannie Bruins Habitat for Humanity East Bay/Silicon Valley Mayor of Los Altos and Chair of the VTA Board of Directors Kevin Zwick, Treasurer Housing Trust Silicon Valley 3331 N. First Street San Jose, CA 95134 Kathy Thibodeaux, Secretary KM Thibodeaux Consulting LLC Dear Chair Bruins, Shiloh Ballard Silicon Valley Bicycle Coalition Re: Tamien Joint Development Bob Brownstein Working Partnerships USA We were very pleased with the VTA Board’s decision last April to adopt a strong and Christine Carr Silicon Valley Bank progressive Affordable Housing Policy (AHP) governing the disposition of VTA-owned land, which adopted a system-wide 35% affordability goal for VTA land and a 20% per- Rahul Chandhok San Francisco 49ers project requirement, and are excited to see VTA properties moving forward toward development. Katie Ferrick LinkedIn The first project planned under the new AHP is the Tamien Station Joint development, a Amie Fishman Non-Profit Housing Association of 440-unit mixed use project right on the CalTrain and light rail lines in San Jose. We Northern California have concerns that the proposed project has only 20% affordability—the minimum

Javier Gonzalez number possible under the adopted AHP—and encourage the VTA Board to work with Google the selected developer to increase the number of affordable units.

Poncho Guevara Sacred Heart Community Service There are a number of ways that costs can be reduced to increase affordability, including the following: Jan Lindenthal MidPen Housing 1. Reconsider the parking requirement. Having nearly 1,500 spaces at a major Jennifer Loving Destination: Home transit center seems high. If there are alternatives that can reduce the parking needed—like shared parking with the housing and transit uses—the project Mary Murtagh EAH Housing costs can be significantly reduced. This can result in more units and more affordability. Chris Neale The Core Companies 2. Consider a different financial structure that keeps more VTA contribution in the project. Affordable housing development needs subsidy from a variety of Andrea Osgood Eden Housing sources, and reducing the land costs would enable more affordability. 3. Work with the City of San Jose to include a density bonus that could add Kelly Snider Kelly Snider Consulting affordable units to the project. It may be too late in the process, but if it is possible to add density, that too can make more affordability feasible. Jennifer Van Every The Van Every Group 4. Consider more deeply affordable units that can qualify for Measure A funds.

Staff We have concerns that, if projects move forward with only the minimum affordability, Leslye Corsiglia there is a great possibility that the VTA will fall far short of its 35% system-wide goal. Executive Director

350 W. Julian Street, Building 5, San José, CA 95110 408.780.2261 • www.svathome.org • [email protected]

Honorable Jeannie Bruins and members of the VTA Board of DIrectors Re: Tamien Station March 24, 2017 Page 2 of 2

We base this concern on other situations. The most immediate example is with the Development Plan, which had a 20% affordability setaside. So many market-rate developments were approved in advance of affordable housing proposals that hitting this target became mathematically

impossible. As a result, only 5% of the units in Phase 1 of the NSJ Plan were affordable.

To this end, we recommend that, should the Tamien project ultimately include only 20% affordability, that the Board prioritize approval of an 100% affordable development when the next land opportunity is

ready to move forward.

We sincerely appreciate the opportunity to provide comments today, and are happy to respond to any questions you may have.

Sincerely,

Leslye Corsiglia Executive Director

SV@Home is a housing policy and advocacy organization that is driving the creation of affordable housing for a more vibrant and equitable Silicon Valley. SV@Home represents a broad range of interests, from leading employers who drive the Bay Area economy, to labor and service organizations, to local government agencies, to nonprofit and for-profit developers who provide housing and services to those most in need.

350 W. Julian Street, Building 5, San José, CA 95110 408.780.2261 • www.svathome.org • [email protected]

Santa Clara & San Benito Counties Building & Construction Trades Council

2102 Almaden Road Suite 101 San Jose, CA 95125-2190 · Phone 408.265.7643 · Fax 408.265.2080

Josué García Mr. Konstantin Voronin Chief Executive Officer Land Acquisition Director Robert Baldini President Republic Family of Companies 84 West Santa Clara Street, Suite 600 Boilermakers 549 San Jose, CA 95113 Brick & Tile 3 Northern California January 20, 2017 Carpenters Regional Council Carpenters 405 Carpenters 2236 RE: Tamien Station Transit Oriented Development RFP Carpet & Linoleum 12 Cement Masons 400 Dear Mr. Voronin, Electricians 332 Elevator Constructors 8 I’m writing in reference to Blach+Cahill, two highly capable, long-time Bay Area contractors that Glaziers 1621 have partnered to tackle complex building projects. Together, Blach+Cahill is ideally suited to Heat & Frost Insulators 16 handle your upcoming Tamien Station Transit Oriented Development project. Iron Workers 377 As the CEO of the Building Trades Council for Santa Clara and San Benito Counties, I have Laborers 270 Laborers 67 extensive experience with many general contractors, and in my objective opinion, Blach+Cahill is Lathers 9144 among the best. The quality of their work and level of professionalism across all levels is Millwrights 102 outstanding. While they’re always looking to gain efficiencies, they only do what’s best – and right Operating Engineers 3 – for the job. It is clear they take pride in what they produce. Painters District Council 16 Painters & Tapers 507 Something that is particularly important to me relates to local labor. They are firmly committed to Plasterers 300 creating employment opportunities within any given community and make every effort to hire Plumbers & Steamfitters 393 local, skilled labor. This translates into two construction-related critical success factors: quality Roofers 95 and safety. Sheet Metal Workers 104 Sign, Display 510 • Quality: When able to make a difference in his/her own community, local labor is Sprinkler Fitters 483 typically very dedicated to their job and in it for the long-haul. This generally yields the Teamsters 287 highest quality end product for projects. • Safety: Blach+Cahill has stringent skill-level requirements. They work hard to hire Affiliated with: subcontractors that meet the demands of the job and provide mentoring and training on State Building and an ongoing basis. As a result, their safety record is unprecedented. Construction Trades Council of California Lastly, I have known Tony Mirenda of Blach Construction for more than 20 years. He and I California Labor Federation, currently serve on many non-profit boards together, and while our roles within the construction AFL-CIO industry are vastly different, we’ve always had the same goal: advance and support local, skilled California Labor C.O.P.E. labor so that our construction projects are among the safest and highest quality in the Country. South Bay AFL-CIO Labor Council Feel free to call me if you have questions or would like to discuss this further.

Sincerely,

Josué García CEO Santa Clara County & San Benito Counties Building & Construction Trades Council

www.scbtc.org

April 6th 2017

TO: VTA Board Members

We at Bright Horizons respectfully ask for your support to approve Staff’s recommendation to select Republic Tamien LLC for a joint development project at Tamien Station

Bright Horizons has successfully operated a child care program at the Tamien site since 1996. For 28 years BH has been the industry leader in early education, child care and work/life services with over 1000 child care centers in 42 states and six countries under our management. Last month we were named to FORTUNE's 2017 list of "100 Best Companies to Work For." Bright Horizons is the only child care organization on this list, and this is the 17th time the company has been recognized by FORTUNE as a "100 Best" company

Should Republic Tamien LLC be selected to develop the Tamien Station site, it would be a privilege and our goal to exclusively collaborate with Republic Tamien to plan and design a new center to continue serving our community.

We hope you will consider and support Republic Tamien LLC as your partner to develop Tamien Station.

Thank you for your consideration

Warm Regards,

Debbie Brown Vice President, Regional Development Bright Horizons Children’s Centers, LLC Email: [email protected] Phone: 425-576-5333

Cc Paul Suzman: OfficeLease Mike Michaels: Savills Studley Ron Golem & Jessie Thielen; VTA RE Department

8.1.B

Date: March 16, 2017 Current Meeting: April 6, 2017 Board Meeting: April 6, 2017

BOARD MEMORANDUM

TO: Santa Clara Valley Transportation Authority Board of Directors

THROUGH: General Manager, Nuria I. Fernandez

FROM: Interim Director - Engr & Transp Infra Dev, Dennis Ratcliffe

SUBJECT: Silicon Valley Rapid Transit (SVRT) Program Update

FOR INFORMATION ONLY

Currently, the Berryessa Extension Project is 96.3% complete with no changes in unallocated contingency of $150 million.

In March, a detailed schedule was developed with the revenue forecast for mid-December 2017. Systems testing activities continued and key upcoming milestones include completion in June of (1) integrated testing of the traction power system, and (2) static testing of all train control houses.

With the commencement of revenue service on the BART’s Warm Springs Extension in March, the project’s systems team will initiate efforts in the second quarter to convert this BART terminal station to an intermediate station paving the way for dynamic testing to progress in the third quarter.

Communications and Outreach

 Community Outreach staff continued developing community engagement action plans for the remaining impactful construction activities and testing operations throughout the project corridor, including the eventual one-month closure of the Montague Light Rail Station.

 Outreach efforts continued for the partial reopening of S. Milpitas Boulevard. Staff responded to requests from the public and helped facilitate project changes to accommodate stakeholders. Onsite project update meetings continued to occur to inform directly impacted stakeholders of changes to the project.

8.1.B

 Community Outreach initiated planning efforts for a general public tour program and continued to provide project tours for directly impacted stakeholders.

 Staff continued to provide traffic advisories, construction notices and in-person project updates for utility relocation work and traffic control improvements being constructed at the intersection of North King and McKee roads.

Phase II Extension

Key Activities

 Single-bore Tunnel Technical Study: HNTB, the study consultant, has provided VTA with a draft final report indicating the single-bore method under study meets industry standards for safe application in construction, accommodates critical functional, operational and maintenance requirements for underground stations and running tracks, and complies with BART and industry safety standards. Staff provided a presentation of the summary of results at the March 13, 2017 BART Silicon Valley Ad Hoc Committee meeting.

 Tunneling Methodology Independent Risk Assessment: Aldea Services has been selected to complete the comparative analysis, which will evaluate qualitative and quantitative risks associated with twin and single-bore tunneling alternatives. A Notice to Proceed was issued in early March with completion of the analysis expected in June.

Draft Supplemental Environmental Impact Statement/Subsequent Environmental Impact Report (SEIS/SEIR): The comment period for the document ended March 6, 2017. VTA has received 800 comments from 110 commenters, including the general public, stakeholders and local, regional and state agencies. Comments were generally in the following topical areas:

• alternatives • station locations • noise and vibration impacts during construction and operation • support for the project or various options • ventilation structures • impacts to historic structures • traffic impacts during construction • Diridon area parking loss during and after construction

 Phase II Community Working Group meetings are scheduled for April 4-6, 2017.

Prepared By: Kevin Kurimoto, Sr. Management Analyst Memo No. 5905

Page 2 of 2

Governance and Audit Committee

Thursday, March 2, 2017

MINUTES

CALL TO ORDER

The Regular Meeting of the Governance and Audit Committee (“Committee”) was called to order at 4:03 p.m. by Chairperson Bruins in Conference Room 157, County Government Center, 70 West Hedding, San Jose, California.

1. ROLL CALL

Attendee Name Title Status Jeannie Bruins Chairperson Present Cindy Chavez Member Present Glenn Hendricks Member Present Sam Liccardo Vice Chairperson Present Teresa O'Neill Member Present

2. PUBLIC PRESENTATIONS: There were no Public Presentations.

3. ORDERS OF THE DAY Angelique M. Gaeta, Chief of Staff, noted the Auditor General's report on the IT Development & Project Management Assessment will be heard at the next meeting.

CONSENT AGENDA

4. Regular Meeting Minutes of February 2, 2017

M/S/C (O’Neill/Hendricks) to approve the Regular Meeting Minutes of February 2, 2017.

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

5. Appointments to the Committee for Transportation Mobility & Accessibility

M/S/C (O'Neill/Hendricks) to approve the appointment to the Committee for Transportation Mobility & Accessibility for the four-year term ending December 31, 2020 of Rowan Fairgrove, representing Seniors/Individuals with Disabilities.

6. Appointments to VTA Policy Advisory Boards

M/S/C (O'Neill/ Hendricks) to approve appointments to VTA Policy Advisory Boards.

RESULT: APPROVED - Agenda Items #4 - 6 MOVER: O’Neill, Member SECONDER: Hendricks, Member AYES: Bruins, Chavez, Hendricks, O’Neill NOES: None ABSENT: Liccardo

Vice Chairperson Liccardo arrived at the meeting and took his seat at 4:12 p.m. REGULAR AGENDA

7. FY18 & FY19 Internal Audit Work Plan Proposed Projects

Bill Eggert, Auditor General, provided a brief overview of the report and a presentation entitled "Proposed FY18 & FY19 Internal Audit Work Plan Projects," highlighting the following: 1) Content; 2) VTA Auditor General Responsibilities; 3) VTA's Internal Audit Process; 4) FY17 Risk Assessment Refresh; 5) FY17 Risk Assessment Refresh - Heat Map; 6) Proposed FY18 & FY19 Auditor General Projects; 7) Proposed Future Auditor General Projects, and; 8) Proposed Recurring Auditor General Projects.

The Committee and staff discussed the following: 1) two people attended the annual Public Audit meeting which was held on February 28, 2017; 2) order of proposed FY18 & FY19 Auditor General Projects; 3) suggest an updated Cyber Security Comprehensive Risk Assessment be conducted due to new vulnerabilities, and; 4) VTA funding structures and challenges will be addressed at the April 21, 2017, Board Workshop.

On order of Chairperson Bruins and there being no objection, the Committee reviewed and provided direction on the Auditor General’s proposed list of potential one-time projects (not recurring tasks) for the upcoming FY18 and FY19 Internal Audit Work Plans.

Governance and Audit Committee Minutes Page 2 of 5 March 2, 2017 8. Amend FY 2017 Internal Audit Work Plan

Mr. Eggert provided a brief overview of the staff report.

Discussion ensued about: 1) implied order of projects is based on timing, and; 2) suggest an Metropolitan Transportation Commission (MTC) initiated audit or independent third party audit of the MTC Allocation would be more persuasive.

M/S/C (O’Neill/Chavez) to approve amending the FY 2017 Internal Audit Work Plan to defer one project to the next fiscal year due to VTA's revised project timeline and replace it with a new high-priority project.

RESULT: APPROVED - Agenda Item #8 MOVER: O’Neill, Member SECONDER: Chavez, Member AYES: Bruins, Chavez, Hendricks, Liccardo, O’Neill NOES: None ABSENT: None

9. VTA State Lobbyist Report Kurt Evans, State & Federal Government Affairs Manager, introduced Delaney Hunter of Gonzalez, Quintana, Hunter & Cruz, VTA’s State lobbyist.

Ms. Hunter expressed concern about key transportation issues of interest to VTA which are currently happening in Sacramento, highlighting: 1) Senate Bill (SB) 1, Transportation Funding Package, Assembly Member Jim Beall, and; 2) Cap & Trade.

Ms. Hunter stated SB-1 does not currently have the required 2/3 super majority vote to pass in the Senate, and a tremendous amount of hard work needs to take place to reach that number. The bill has not been set on the Assembly side and currently lacks focus.

Ms. Hunter stated the Cap & Trade auction took place in February, 2017, resulting in $8M for the Greenhouse Gas Reduction Fund. She noted this does not bode well for transportation. She indicated there is hope and stated additional legislation would provide more security around the Cap & Trade funding source.

Members of the Committee discussed the following: 1) possibility of getting a legislative extension for the April, 2017, Cap & Trade auction; 2) requested a list of moderate Democrats and Republicans that are not supportive of transportation projects, and; 3) tools to facilitate better outcomes.

Ms. Hunter reiterated the need to work together to preserve and maintain federal funding for transportation projects.

On order of Chairperson Bruins and there being no objection, the Committee received a report from VTA's state lobbyist, Gonzalez, Quintana, Hunter & Cruz.

Governance and Audit Committee Minutes Page 3 of 5 March 2, 2017 OTHER ITEMS

10. Items of Concern and Referral to Administration There were no Items of Concern and Referral to Administration.

11. Review Committee Work Plan Ms. Gaeta briefly discussed items scheduled for the May 4, 2017, meeting including several Auditor General items.

Chairperson Bruins stated the approval process for the 2016 Measure B Citizens' Oversight Committee, will be placed on the Regular Agenda of the March 2, 2017, VTA Board of Directors (Board) meeting.

On order of Chairperson Bruins and there being no objection, the Committee reviewed the Committee Work Plan.

12. Committee Staff Report Ms. Gaeta noted Governance and Audit Committee items scheduled for the March 2, 2017, Board meeting, including the approval of the appointment process for the 2016 Measure B Citizens' Oversight Committee.

Member Chavez expressed appreciation for the thorough presentation VTA provided on the process. She expressed concern that the Transit Justice Community is not represented and looks forward to discussion on that matter.

13. Chairperson's Report There was no Chairperson’s Report.

14. Determine Items for the Consent Agenda for Future Board of Directors' Meetings CONSENT:

Agenda Item # 8., Approve amending the FY 2017 Internal Audit Work Plan to defer one project to the next fiscal year due to VTA's revised project timeline and replace it with a new high-priority project.

REGULAR: None

15. ANNOUNCEMENTS There were no Announcements.

Governance and Audit Committee Minutes Page 4 of 5 March 2, 2017 16. ADJOURN On order of Chairperson Bruins and there being no objection, the Committee was adjourned at 4:53 p.m.

Respectfully submitted,

Anita McGraw, Board Assistant VTA Office of the Board Secretary

Governance and Audit Committee Minutes Page 5 of 5 March 2, 2017

Congestion Management Program & Planning Committee

Thursday, March 16, 2017

MINUTES

CALL TO ORDER

The Regular Meeting of the Congestion Management Program & Planning Committee (CMPP) was called to order at 10:00 a.m. by Chairperson O’Neill in Conference Room B-106, 3331 North First Street, San José, California.

1. ROLL CALL

Attendee Name Title Status Dev Davis Alternate Member N/A Lan Diep Member Present Johnny Khamis Vice Chairperson Present Bob Nuñez Alternate Member N/A Teresa O'Neill Chairperson Present Rob Rennie Alternate Member N/A Savita Vaidhyanathan Member Present

* Alternates do not serve unless participating as a Member. A quorum was present.

2. PUBLIC PRESENTATIONS:

Roland Lebrun, Interested Citizen, made the following comments; 1) parking at Tamien is not adequate; and 2) traffic congestion is worsening.

3. ORDERS OF THE DAY

There were no Orders of the Day.

CONSENT AGENDA

4. Regular Meeting Minutes of February 16, 2017

M/S/C (Khamis/Vaidhyanathan) to approve the Regular Meeting Minutes of February 16, 2017.

5. 2000 Measure A Semi-Annual Report Ending December 31, 2016

M/S/C (Khamis/Vaidhyanathan) to receive the 2000 Measure A Transit Improvement Program Semi-Annual Report Ending December 31, 2016.

6. Transit Operations Performance Report - FY2017 Second Quarter

M/S/C (Khamis/Vaidhyanathan) to receive the FY2017 Second Quarter Transit Operations Performance Report.

7. Transit Service Changes - April 10, 2017

M/S/C (Khamis/Vaidhyanathan) to receive a report on the April 10, 2017 Transit Service Changes.

RESULT: APPROVED [UNANIMOUS] – Consent Agenda Items #4-7 MOVER: Johnny Khamis, Vice Chairperson SECONDER: Savita Vaidhyanathan, Member AYES: Diep, Khamis, O’Neill, Vaidhyanathan NOES: None

REGULAR AGENDA

8. One Bay Area Grant Cycle One Status and Reprogramming

Marcella Rensi, Transportation Planning Manager, provided an overview of the staff report and noted the staff recommendation was revised. Staff is now recommending not to reprogram the funding for City of San Jose’s Downtown Bike Lanes and De-couplet project and instead re-scope it. Ms. Rensi provided an explanation to the revised staff recommendation.

Member Diep arrived at the meeting and took his seat at 10:08 a.m.

M/S/C (Khamis/Diep) to approve submitting a recommendation to the Board of Directors to approve the following actions regarding One Bay Area Grant (OBAG) Cycle 1 Program of Projects, as amended:

 Reprogram $3,440,000 from the City of Sunnyvale's project East and West Channel Multi-Use Trails to the City of Milpitas' project Montague Expressway Pedestrian Bridge at Milpitas BART.  Reprogram $223,065 between the Duane Avenue Roadway and the Maude Avenue Bikeway and Streetscape projects for the City of Sunnyvale.  Reprogram $550,928 between the San Tomas Expressway Box Culvert and the Capitol Expressway ITS and Bike/Pedestrian Improvement projects for the County of Santa Clara.  Re-scope the City of San Jose’s Downtown Bike Lanes and De-couplet project to read “Environmental Clearance, design, right of way and construction of pedestrian safety improvements along Almaden Ave. & Vine St., install rectangular rapid flashing beacons, bulb outs, new LED streetlights, speed radar signs; update accessible ramps where necessary.”

Congestion Management Program & Planning Committee Minutes Page 2 of 6 March 16, 2017 RESULT: APPROVED [UNANIMOUS) – Agenda Item #8 as Amended MOVER: Johnny Khamis, Vice Chairperson SECONDER: Lan Diep, Member AYES: Diep, Khamis, O’Neill, Vaidhyanathan NOES: None

9. 2016 Measure B Bicycle & Pedestrian Program Area - Education & Encouragement Grants Category

Ms. Rensi provided an overview of the 2016 Measure B Bicycle & Pedestrian Program Area - Education & Encouragement Grants Category highlighting funds distribution.

Public Comment

Mr. Lebrun commented that the county will use their funds to hire employees.

On order of Chairperson O'Neill, and there being no objection, the Committee discussed the 2016 Measure B Bicycle & Pedestrian Program Area - Education & Encouragement Grants Category.

10. Vehicle Emissions Reductions Based at Schools Evaluation Criteria

Ms. Rensi provided a brief overview of the staff report.

M/S/C (Khamis/Vaidhyanathan) to approve submitting a recommendation to the Board of Directors to approve the revised evaluation criteria and procedures for selecting projects and awarding Vehicle Emissions Reductions Based at Schools (VERBS) Program grants.

RESULT: APPROVED [UNANIMOUS) – Agenda Item #10 MOVER: Johnny Khamis, Vice Chairperson SECONDER: Savita Vaidhyanathan, Member AYES: Diep, Khamis, O’Neill, Vaidhyanathan NOES: None

11. Draft 2016 Measure B Program Areas - Local Streets & Roads

Scott Haywood, Transportation Planning Manager, provided a presentation titled, “2016 Measure B Program Areas: Local Streets and Roads,” highlighting the following: 1) 2016 Measure B Program Areas; 2) Local Streets & Roads - Program Description; 3) Local Streets & Roads - Proposed Guidelines; and 4) Local Streets & Roads - Maintenance of Effort.

On order of Chairperson O'Neill and there being no objection, the Committee reviewed and discussed Draft 2016 Measure B - Local Streets & Roads Program Area.

Congestion Management Program & Planning Committee Minutes Page 3 of 6 March 16, 2017 12. Draft 2016 Measure B Program Areas - BART Phase II

Mr. Haywood provided a presentation titled, “2016 Measure B Program Areas: BART Phase II,” highlighting the following: 1) 2016 Measure B Program Areas; 2) BART Phase II - Program Description; and 3) BART Phase II - Proposed Guidelines.

Public Comment

Mr. Lebrun made the following comments: 1) many people believe bringing BART to Santa Clara is not a good idea; 2) suggested conducting a full destination study that will look at where people live and work; and 3) recommended looking at alternatives to a single bore tunnel.

Vice Chairperson Khamis would like to receive a report on single and double bore tunnels.

On order of Chairperson O'Neill and there being no objection, the Committee reviewed and discussed Draft 2016 Measure B - BART Phase II Program Area.

13. Draft 2016 Measure B Program Areas - State Route 85 Corridor

Mr. Haywood provided a presentation titled, “2016 Measure B Program Areas: SR 85 Corridor”, highlighting the following: 1) 2016 Measure B Program Areas; 2) SR 85 Corridor - Proposed Guidelines; and 3) SR 85 Corridor - Transit Guideway Study.

On order of Chairperson O'Neill and there being no objection, the Committee reviewed and discussed Draft 2016 Measure B - State Route 85 Corridor Program Area.

14. Development Review Annual Report for 2016

Melissa Cerezo, Senior Planner, provided a presentation titled, “Development Review Program Annual Report 2016,” highlighting the following: 1) Key Themes of 2016 Annual Report; 2) Background; 3) Select Projects Under Construction or Completed in 2016; 4) Development Review Activity for 2016; 5) Development Boom Extends Through 2016: Employment Focus; 6) Development Boom Extends Through 2016: Residential Focus; 7) New Development Boom Drawn to BART & Milpitas Transit Area; 8) Public and Private Partners Collaborating on Funding Challenges; 9) Voluntary Contribution Highlight: Moffett Towers II, Sunnyvale; 10) Voluntary Contribution Highlight: Coleman Highline, San José; 11) Focus on the Pedestrian; 12) Focus on the Pedestrian: The Pierce, San José; 13) Focus on the Pedestrian: Sobrato Mixed Use, Sunnyvale; 14) Focus on the Pedestrian: Riverview Apartments, San José; and 15) Emerging Trends for 2017.

Public Comment

Mr. Lebrun made the following comments: 1) the icons on maps do not accurately reflect what is going on at each location; and 2) would like to have the presentation posted on the VTA website.

Members of the Committee requested the following: 1) that the icons on the maps be different sizes and/or have numbers in them indicating size of what is being represented; 2) maps include retail square footage; 3) include projects not reflected; and 4) presentation be sent to the Committee Members.

Congestion Management Program & Planning Committee Minutes Page 4 of 6 March 16, 2017 On order of Chairperson O'Neill, and there being no objection, the Committee received the Development Review Annual Report for 2016.

OTHER ITEMS

15. Items of Concern and Referral to Administration

There were no Items of Concern and Referral to Administration.

16. Committee Work Plan

On order of Chairperson O’Neill and there being no objection, the Committee reviewed the Committee Work Plan.

17. Committee Staff Report

Carolyn Gonot, Interim Director of Planning & Program Development and Staff Liaison, provided a written report to the Committee, highlighting the March 25, 2017 opening of the BART to Warm Springs Extension.

18. Chairperson's Report

There was no Chairperson’s Report.

19. Determine Consent Agenda for the April 6, 2017, Board of Directors Meeting

CONSENT:

Agenda Item #5, Receive the 2000 Measure A Transit Improvement Program Semi- Annual Report Ending December 31, 2016.

Agenda Item #7, Receive a report on the April 10, 2017 Transit Service Changes.

Agenda Item #8, ACTION ITEM -Approve the following actions regarding One Bay Area Grant (OBAG) Cycle 1 Program of Projects:

 Reprogram $3,440,000 from the City of Sunnyvale's project East and West Channel Multi-Use Trails to the City of Milpitas' project Montague Expressway Pedestrian Bridge at Milpitas BART.  Reprogram $223,065 between the Duane Avenue Roadway and the Maude Avenue Bikeway and Streetscape projects for the City of Sunnyvale.  Reprogram $550,928 between the San Tomas Expressway Box Culvert and the Capitol Expressway ITS and Bike/Pedestrian Improvement projects for the County of Santa Clara.  Re-scope the City of San Jose’s Downtown Bike Lanes and De-couplet project to read “Environmental Clearance, design, right of way and construction of pedestrian safety improvements along Almaden Ave & Vine St., install rectangular rapid flashing beacons, bulb outs, new LED streetlights, speed radar signs; update accessible ramps where necessary.”

Congestion Management Program & Planning Committee Minutes Page 5 of 6 March 16, 2017 Agenda Item #10, Approve the revised evaluation criteria and procedures for selecting projects and awarding Vehicle Emissions Reductions Based at Schools (VERBS) Program grants.

Agenda Item #14, Receive the Development Review Annual Report for 2016.

REGULAR:

None

20. ANNOUNCEMENTS

There were no Announcements.

21. ADJOURNMENT

On order of Chairperson O’Neill and there being no objection, the meeting was adjourned at 11:10 a.m.

Respectfully submitted,

Thalia Young, Board Assistant VTA Office of the Board Secretary

Congestion Management Program & Planning Committee Minutes Page 6 of 6 March 16, 2017

ADMINISTRATION & FINANCE COMMITTEE

Thursday, March 16, 2017

MINUTES

CALL TO ORDER

The Regular Meeting of the Administration and Finance Committee (A&F) was called to order at 12:01 p.m. by Chairperson Hendricks in Conference Room B-106, VTA River Oaks Campus, 3331 North First Street, San Jose, California.

1. ROLL CALL

Attendee Name Title Status Jeannie Bruins Member Present Larry Carr Vice Chairperson Present John McAlister Alternate Member NA Dev Davis Alternate Member NA Sam Liccardo Member Present Glenn Hendricks Chairperson Present

*Alternates do not serve unless participating as a Member.

A quorum was present.

2. PUBLIC PRESENTATIONS

Roland Lebrun, Interested Citizen, made the following comments: 1) referenced a letter he sent to the Board of Directors in January 2017 related to San Mateo County wanting to bridge a gap between Bay Meadows and Hillsdale Shopping Center; 2) provided history about the Caltrain project that would link Bay Meadows to Hillsdale Shopping Center; and 3) expressed concern about how Caltrain will get funding for the project.

3. ORDERS OF THE DAY

There were no Orders of the Day.

CONSENT AGENDA

4. Meeting Minutes of February 16, 2017

M/S/C (Liccardo/Carr) to approve the Regular Meeting Minutes of February 16, 2017.

5. FY17-18 Transportation Development Act (TDA)/State Transit Assistance (STA) Claim

M/S/C (Liccardo/Carr) to approve submitting a recommendation to the Board of Directors to adopt a resolution authorizing the filing of an annual claim to the Metropolitan Transportation Commission (MTC) for allocation of FY 2017-2018 Transportation Development Act (TDA) and State Transit Assistance (STA) funds.

6. Rapid 523 Improvements

M/S/C (Liccardo/Carr) to approve submitting a recommendation to the Board of Directors to authorize the General Manager to execute a contract with Sposeto Engineering, Inc., the lowest responsible bidder, in the amount of $1,730,247 for the construction of the Rapid 523 Bus Stop Improvements.

7. Legislative Update Matrix

M/S/C (Liccardo/Carr) to approve submitting a recommendation to the Board of Directors to review the Legislative Update Matrix

RESULT: APPROVED [UNANIMOUS] MOVER: Sam Liccardo, Member SECONDER: Larry Carr, Member AYES: Bruins, Carr, Hendricks, Liccardo NOES: None ABSENT: None

Note when Liccardo left his seat at 12:06 p.m.

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

Administration and Finance Committee Page 2 of 7 March 16, 2017

REGULAR AGENDA

8. Selection of a Developer for Tamien Joint Development Negotiations

Ron Golem, Deputy Director of Real Estate, provided an overview of the staff report and provided a presentation entitled “Tamien Developer Selection,” highlighting: 1) Tamien Project; 2) Tamien Site Plan; 3) Joint Development Policy Goals; 4) Tamien Developer Request for Proposals; 5) Tamien Request for Proposal (RFP) Goals; 6) Submittals; 7) Republic Tamien LLC Proposal; 8) Republic Tamien; 9) Republic Tamien Site Plan; 10) Republic Tamien Replacement Parking; 11) ROEM Development Corp. Proposal; 12) ROEM Development; 13) ROEM Development Site Plan; 14) ROEM Replacement Parking; 15) Considerations for Evaluation Process; 16) Evaluation Panel Process; 17) Evaluation Panel Findings; and 18) Potential VTA Objectives for Negotiations.

Mr. Golem informed the Committee that a letter received from ROEM and VTA’s response was placed at their table.

Public Comment

Mr. Lebrun made the following comments: 1) expressed support for staff’s recommendation; 2) noted San Jose’s contribution of funds was incorrect; and 3) provided suggestions on how to decrease parking congestion at the Tamien Station.

Chris Neale, Republic Tamien LLC, expressed gratitude to VTA for the opportunity to partner and create something great for the community. Mr. Neale noted that the company has been serving the community for 20 years and looks forward to helping create more affordable housing in the area. He further noted that the company is aware of the importance of providing child care which is why they chose to partner with Bright Horizons and keep the child care center at Tamien.

Tony Mirenda, Blach Construction Company, reported his team will be assisting with the project. The Blach Construction Company helps provide programs for the Community Work Force Group, to provide work opportunities for veterans and youth.

Brett Bymaster, River Church San Jose, expressed support for the project, noting the need for more affordable housing. He urged the Board to push for a higher area median income (AMI) goal than what was presented in the proposal.

Josue Garcia, Building & Construction Trades Council, expressed support for staff’s recommendation to move forward with Republic LLC.

Members of the Committee made the following comments: 1) requested that there be a minimum standard for the interior space, noting affordable housing should not have lower quality interior space; 2) noted the importance of having a child care center in a transit oriented development area; 3) expressed support for the staff’s recommendation; 4) noted the importance to work harder for more affordable housing units; 5) suggested looking at ways to shorten the construction timeline in order to reduce any community impact; 6) referenced the transportation demand management concept in the proposal and requested staff to consider the proposed solution to address first and last mile; 7) commended staff for their thorough RFP process; 8) inquired about the opportunity to use the recently passed Administration and Finance Committee Page 3 of 7 March 16, 2017

Measure as a funding source to increase affordable housing; 9) inquired about the parking garage and the use of the garage for other purposes; 10) commented about the importance of reaching benchmark goals; and 11) discussed the primary goals of the project.

Jessie Thielen, Senior Real Estate Agent, reviewed Attachment 9.b. Republic Tamien Proposal Summary of the staff report with the Committee.

Mr. Golem made the following comments; 1) commented that staff is looking at multiple funding sources; 2) provided detail on how a parking garage could be utilized for something else in the future if the structure was built correctly; and 3) reported that staff will continue to find opportunities to increase the affordable housing goal.

M/S/C (Bruins/Carr) on a vote of 3 ayes, 0 noes and 1 recusal to approve submitting a recommendation to the Board of Directors to authorize the General Manager to enter into an Exclusive Negotiations Agreement (ENA) with Republic Tamien LLC (a Joint Venture of Republic Urban Properties and The Core Companies) for negotiation of the proposed terms and conditions of a Joint Development Agreement for a Joint Development project at the Tamien Station. If agreement cannot be reached with Republic Tamien LLC during the ENA term, authorize the General Manager to enter into an ENA with ROEM Development Corporation. Vice Chairperson Liccardo recused.

RESULT: APPROVED MOVER: Jeannie Bruins, Member SECONDER: Larry Carr, Member AYES: Bruins, Carr, Hendricks NOES: None RECUSAL: Liccardo ABSENT: None Member Liccardo returned to his seat at 12:57 p.m.

9. Appoint Sales Tax Audit Consultant

Michael Smith, Fiscal Resources Manager, provided an overview of the staff report. M/S/C (Liccardo/Bruins) to approve submitting a recommendation to the Board of Directors to authorize the General Manager to execute a contract with MuniServices, LLC, for a five-year term, plus two optional one year extensions to provide sales tax reporting, forecasting and audit/recovery services. Fees for sales tax reporting and forecasting services shall not exceed $250,000 in total over the seven year life of the contract. Separate from the limit on reporting and forecasting fees, the audit/recovery fees will be paid additionally on a contingent basis at a rate of 20% of the sales tax revenues recovered by MuniServices.

Administration and Finance Committee Page 4 of 7 March 16, 2017

RESULT: APPROVED [UNANIMOUS] MOVER: Sam Liccardo, Member SECONDER: Jeannie Bruins, Member AYES: Bruins, Carr, Hendricks, Liccardo NOES: None ABSENT: None

10. Monthly Investment Report - January 2017

Sean Bill, Investment Program Manager, provided an overview of the staff report. Upon inquiry of Members of the Committee, Mr. Bill reported that staff is working on reducing the equity exposure in the Other Post-Employment Benefits (OPEB) portfolio to mitigate downside impact during a market correction. He further reported that for the past few years the goal has been to further diversify the portfolio through the use of multiple return drivers. Specifically, the private real estate and absolute return asset classes were added to the portfolio in 2016 and real assets are scheduled to be added in 2017.

On order of Chairperson and there being no objection, the Committee received the Monthly Investment Report for January 2017. OTHER ITEMS

13. Items of Concern and Referral to Administration

There were no items of Concern and Referral to Administration.

14. Committee Work Plan

On order of Chairperson and there being no objection, the Committee reviewed the Committee Work Plan.

15. Committee Staff Report

Jim Lawson, Director of Public Affairs and Executive Policy Advisor, made the following comments: 1) announced the Bay Area Rapid Transit (BART) Warm Springs Extension will be open on March 25, 2017 and the opening day celebration will be held on March 24, 2017; and 2) VTA’s Board Workshop is scheduled for 9:00 a.m. on April 21, 2017, at the County building.

16. Chairperson's Report

There was no Chairperson’s Report.

Administration and Finance Committee Page 5 of 7 March 16, 2017

17. Determine Consent Agenda for the April 6, 2017, Board of Directors Meeting

CONSENT:

Agenda Item #5. A resolution authorizing the filing of an annual claim to the Metropolitan Transportation Commission (MTC) for allocation of FY 2017-2018 Transportation Development Act (TDA) and State Transit Assistance (STA) funds.

Agenda Item #6. Authorize the General Manager to execute a contract with Sposeto Engineering, Inc., the lowest responsible bidder, in the amount of $1,730,247 for the construction of the Rapid 523 Bus Stop Improvements.

Agenda Item #7. Review the Legislative Update Matrix.

Agenda Item #8.- Authorize the General Manager to enter into an Exclusive Negotiations Agreement (ENA) with Republic Tamien LLC (a Joint Venture of Republic Urban Properties and The Core Companies) for negotiation of the proposed terms and conditions of a Joint Development Agreement for a Joint Development project at the Tamien Station. If agreement cannot be reached with Republic Tamien LLC during the ENA term, authorize the General Manager to enter into an ENA with ROEM Development Corporation.

REGULAR:

Agenda Item #9. Authorize the General Manager to execute a contract with MuniServices, LLC, for a five-year term, plus two optional one year extensions to provide sales tax reporting, forecasting and audit/recovery services. Fees for sales tax reporting and forecasting services shall not exceed $250,000 in total over the seven year life of the contract. Separate from the limit on reporting and forecasting fees, the audit/recovery fees will be paid additionally on a contingent basis at a rate of 20% of the sales tax revenues recovered by MuniServices.

18. Announcements

There were no Announcements.

19. Adjournment

On order of Chairperson Hendricks and there being no objection, the meeting was adjourned at 1:06 pm.

Respectfully submitted,

Theadora Abraham, Board Assistant VTA Office of the Board Secretary

Administration and Finance Committee Page 6 of 7 March 16, 2017

SAFETY, SECURITY, AND TRANSIT PLANNING & OPERATIONS COMMITTEE

Thursday, March 16, 2017

NOTICE OF CANCELLATION

NOTICE IS HEREBY GIVEN that the Santa Clara Valley Transportation Authority Safety, Security, and Transit Planning and Operations (SSTPO) Committee Meeting scheduled for Thursday, March 16, 2017, at 3:00 p.m. has been cancelled.

Menominee McCarter, Board Assistant VTA Office of the Board Secretary

TECHNICAL ADVISORY COMMITTEE Wednesday, March 8, 2017

MINUTES CALL TO ORDER The Regular Meeting of the Technical Advisory Committee (TAC) was called to order at 1:31 p.m. by Chairperson Morley in Conference Room B-106, Santa Clara Valley Transportation Authority (VTA), 3331 North First Street, San José, California. Chairperson Morley welcomed Jeannie Hamilton, City of Monte Sereno, to the Committee. 1. ROLL CALL

Attendee Name Title Representing Status Shahid Abbas Member City of Sunnyvale Present Carol Shariat Alternate Member City of Sunnyvale N/A VACANT Member City of Santa Clara - Dennis Ng Alternate Member City of Santa Clara Present Karl Bjarke Member City of Morgan Hill Present Christina Turner Alternate Member City of Morgan Hill Present Timm Borden Member City of Cupertino Present David Stillman Alternate Member City of Cupertino N/A Todd Capurso Member City of Campbell Present Matthew Jue Alternate Member City of Campbell N/A John Cherbone Member City of Saratoga Present Macedonia Nunez Alternate Member City of Saratoga N/A Allen Chen Member Town of Los Altos Hills Absent Tina Tseng Alternate Member Town of Los Altos Hills Present Dawn Cameron Vice Chairperson County of Santa Clara Present Michael Murdter Alternate Member County of Santa Clara N/A Helen Kim Member City of Mountain View Present VACANT Alternate Member City of Mountain View - VACANT Member City of Milpitas - Steve Chan Alternate Member City of Milpitas Absent Matt Morley Chairperson Town of Los Gatos Present Lisa Petersen Alternate Member Town of Los Gatos N/A Cedric Novenario Member City of Los Altos Absent Susanna Chan Alternate Member City of Los Altos Present Joshuah Mello Member City of Palo Alto Present Jessica Sullivan Alternate Member City of Palo Alto N/A John Ristow Member City of San José Present Jessica Zenk Alternate Member City of San José N/A Michael Fisher Member City of Gilroy Present VACANT Alternate Member City of Gilroy - Jeannie Hamilton Member City of Monte Sereno Present Nick Saleh Ex-Officio Member California Department of Transportation (Caltrans) Present Dina El-Tawansy Ex-Officio Alternate Member California Department of Transportation (Caltrans) - Therese Trivedi Ex-Officio Member Metropolitan Transportation Commission (MTC) Present VACANT Ex-Officio Alternate Member Metropolitan Transportation Commission (MTC) - A quorum was present.

2. ORDERS OF THE DAY There were no Orders of the Day. 3. PUBLIC PRESENTATIONS: There were no Public Presentations. 4. Committee Staff Report Marcella Rensi, Transportation Planning Manager – Planning and Grants and Staff Liaison, provided a report, noting: 1) overview of the March 2, 2017, VTA Board of Directors (Board) Meeting, highlighting: a) recognition of the 2016 VTA Advisory Committee Chairpersons and introduction of the 2017 VTA Advisory Committee Chairpersons; b) approval of the 2016 Measure B Citizens Oversight Committee appointment process; and c) approval of contracts related to Phase I of VTA’s BART Silicon Valley Extension; 2) the final Next Network Transit Service Redesign plan will be presented for Board consideration at its May 2017 meeting; 3) release of the 2016 VTA Annual Report; 4) launch of VTA ad campaign promoting use of public transportation targeted to homebound and active seniors; and 5) Board and Committee Orientation Meeting rescheduled to March 23, 2017. Upon query of Member Mello, staff noted the final Next Network Transit Service Redesign plan will be presented to the VTA Advisory and Standing Committees at their respective April 2017, meetings. On order of Chairperson Morley and there being no objection, the Committee received the Committee Staff Report. 5. Chairperson's Report Chairperson Morley noted the following: 1) VTA Advisory Committee Leadership recognition by the VTA Board of Directors at their March 2, 2017, meeting; 2) coordination with VTA staff on a proposal regarding the Senior Transportation Pilot program; and 3) received an overview from staff on topics pertaining to Committee agenda items. 6. TAC Working Groups Report  Capital Improvement Program (CIP) Working Group Celeste Fiore, Transportation Planner, highlighted the following CIP Working Group discussion topics from their February 28, 2017, meeting: 1) 2016 Measure B Bicycle & Pedestrian Program Area - Education & Encouragement Grants Category; 2) Vehicle Emissions Reductions Based at Schools (VERBS) evaluation criteria; 3) 2016 Measure B Complete Streets reporting requirements; and 4) Aruna Bodduna, Santa Clara County Roads & Airports Department, was selected as the CIP Working Group chairperson. Member Fisher arrived at the meeting and took his seat at 1:39 p.m. Ms. Fiore noted the next CIP Working Group meeting is scheduled on March 28, 2017.

Technical Advisory Committee Minutes Page 2 of 7 March 8, 2017  Systems Operations & Management (SOM) Working Group Eugene Maeda, Senior Transportation Planner, provided a brief report of the February 22, 2017, SOM Working Group meeting, noting the following discussion topics: 1) VTA Complete Streets Draft Policy; 2) findings from the 2016 Monitoring Report; 3) draft State Route (SR) 85 Transportation Concept; 4) Vehicle Registration Fee (VRF) Program; and 5) Bluetooth reader demonstration by Santa Clara County Roads & Airports Department staff. Mr. Maeda noted the next SOM Working Group meeting is scheduled on March 22, 2017.  Land Use/Transportation Integration (LUTI) Working Group Robert Swierk, Principal Transportation Planner, noted the LUTI Working Group meeting dates for 2017 should be in place by its May 2017 meeting. He encouraged participation from as many Member Agencies as possible. Mr. Swierk provided a brief report of the February 8, 2017, LUTI Working Group meeting, highlighting: 1) VTA Complete Streets Draft Policy and reporting requirements for the 2016 Measure B Program Areas; 2) update on Next Network Transit System Redesign and Outreach effort; and 3) VTA Bus Stop Placement, Closures and Relocation Policy. CONSENT AGENDA 7. Regular Meeting Minutes of February 8, 2017 M/S/C (Capurso/Borden) to approve the Regular Meeting Minutes of February 8, 2017. 8. Transit Operations Performance Report - FY2017 Second Quarter M/S/C (Capurso/Borden) to receive the FY2017 Second Quarter Transit Operations Performance Report. 9. 2000 Measure A Semi-Annual Report Ending December 31, 2016 M/S/C (Capurso/Borden) to receive the 2000 Measure A Transit Improvement Program Semi-Annual Report Ending December 31, 2016. 10. Legislative Update Matrix M/S/C (Capurso/Borden) to review the Legislative Update Matrix.

RESULT: ADOPTED [UNANIMOUS] – Consent Agenda Items #7 - #10 MOVER: Todd Capurso, Member SECONDER: Timm Borden, Member AYES: Abbas, Bjarke, Borden, Cameron, Capurso, Susanna Chan, Cherbone, Fisher, Kim, Mello, Morley, Ng, Ristow, Tseng NOES: None ABSENT: Steve Chan, Allen Chen, Cedric Novenario

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

Technical Advisory Committee Minutes Page 3 of 7 March 8, 2017 REGULAR AGENDA

11. 2016 Measure B Bicycle & Pedestrian Program Area - Education & Encouragement Grants Category Scott Haywood, Transportation Planning Manager, provided a brief summary of previous Committee discussions regarding funding allocation strategy for education and encouragement programs. Ms. Rensi provided a brief overview of the allocation proposals, noting the “$10,000 Minimum Allocation Proposal” presents a more equitable distribution across all Member Agencies. Members of the Committee noted the following: 1) expressed concern some Member Agencies would get less under the allocation proposal; 2) suggested a portion of the allocation for Santa Clara County allow for targeted efforts for unincorporated areas; 3) certain programs could lead to collective efforts or partnerships between VTA, Member Agencies, and/or other public agencies, such as the Santa Clara County Public Health Department; 4) consider school population size in allocating for Safe Routes to School programs; and 5) suggest an alternative funding approach whereby Member Agencies determine appropriate level of non-infrastructure needs for their jurisdiction. Public Comment Roland Lebrun, Interested Citizen, expressed appreciation that Santa Clara County would lead a countywide effort but expressed concern that the City of San Jose would receive less funding under the “$10,000 Minimum Allocation Proposal.” On order of Chairperson Morley, and there being no objection, the Committee discussed the 2016 Measure B Bicycle & Pedestrian Program Area - Education & Encouragement Grants Category. 12. Vehicle Emissions Reductions Based at Schools Evaluation Criteria Ms. Fiore provided an overview of the staff report, highlighting proposed evaluation criteria and procedures. M/S/C (Ristow/Cameron) to recommend that the VTA Board of Directors approve the revised evaluation criteria and procedures for selecting projects and awarding Vehicle Emissions Reductions Based at Schools (VERBS) Program grants.

RESULT: ADOPTED [UNANIMOUS] – Agenda Item #12 MOVER: John Ristow, Member SECONDER: Dawn Cameron, Vice Chairperson AYES: Abbas, Bjarke, Borden, Cameron, Capurso, Susanna Chan, Cherbone, Fisher, Kim, Mello, Morley, Ng, Ristow, Tseng NOES: None ABSENT: Steve Chan, Chen, Novenario

Technical Advisory Committee Minutes Page 4 of 7 March 8, 2017 13. Draft 2016 Measure B Program Areas - BART Phase II Mr. Haywood provided an overview of the staff report, highlighting program description and proposed guidelines. Members of the Committee and staff discussed Complete Streets reporting requirements and potential debt financing impacts. The Committee expressed concern on local match requirement and suggested the 10% minimum non-2016 Measure B contribution should be deferred for regional projects. On order of Chairperson Morley, and there being no objection, the Committee reviewed and discussed the Draft 2016 Measure B – BART Phase II Program Area. 14. Draft 2016 Measure B Program Areas - State Route 85 Corridor Mr. Haywood provided a brief overview of the program description, program guidelines, and the Transit Guideway Study. Members of the Committee expressed concern on local match requirement, citing desire for project completion regardless of local agency contribution issues. Upon query of the Committee, staff noted next steps for the SR 85 Noise Abatement Study. On order of Chairperson Morley, and there being no objection, the Committee reviewed and discussed the Draft 2016 Measure B – State Route 85 Corridor Program Area. 15. Draft 2016 Measure B Program Areas - Local Streets & Roads Mr. Haywood provided an overview of the staff report, highlighting program description, program guidelines, and Maintenance of Effort. Members of the Committee provided the following comments: 1) expressed concern regarding calculation for Maintenance of Effort due to recent aberrations in contributions by several Member Agencies to their road maintenance program; 2) expressed concern on reimbursements of expenditures and requested a simple and streamlined process, similar to how VRF Program funds are allocated; 3) desire by some Member Agencies to maintain local control of funds; 4) suggested to add “programs” along with congestion relief projects under the program description; 5) local agencies should note regulatory requirements as part of street repair and maintenance; and 6) requested staff develop process timeline and additional guidelines for the program to assist Member Agencies in their planning efforts. Mr. Haywood noted staff will present to the Board all the 2016 Measure B Program Area proposed guidelines, including a forecast of funding amounts, at their April 21, 2017, Workshop Meeting. On order of Chairperson Morley, and there being no objection, the Committee reviewed and discussed the Draft 2016 Measure B – Local Streets & Roads Program Area. 16. Development Review Annual Report for 2016 Melissa Cerezo, Senior Transportation Planner, provided an overview of the Development Review Program 2016 Annual Report, highlighting: 1) key themes; 2) select projects under construction or completed; 3) Development Review activity and trends; 4) development activity around the BART Silicon Valley and Milpitas Transit Area; 5) public and private partnerships; 6) pedestrian focus; and 7) emerging trends for 2017.

Technical Advisory Committee Minutes Page 5 of 7 March 8, 2017 Members of the Committee suggested VTA could develop the Voluntary Contributions Program into a countywide fee program, in light of Senate Bill (SB) 743 implementation and asked about guidelines pertaining to the voluntary contributions. On order of Chairperson Morley, and there being no objection, the Committee received the Development Review Annual Report for 2016.

OTHER

17. Update on Metropolitan Transportation Commission (MTC) Activities and Initiatives Ex-Officio Member Trivedi announced MTC will host a workshop on “Incorporating On- Road Bicycle Networks into Resurfacing Projects” on April 13, 2017, from 9:00 a.m. – 4:30 p.m. The initiative is supported by the Federal Highway Administration (FHWA) and additional details pertaining to event registration will be sent out to the Committee at a later time. Ex-Officio Member Trivedi further announced there will be Complete Streets implementation workshops scheduled in the Spring, Summer, and Fall 2017, and information pertaining to these events will be provided at a future meeting. On order of Chairperson Morley, and there being no objection, the Committee received an update on MTC Activities and Initiatives. 18. Update on Caltrans Activities and Initiatives Ex-Officio Member Saleh provided an update, highlighting: 1) status of recent road closures on Highway 35; 2) Caltrans District 4 Director Bijan Sartipi provided a presentation to the Board at their March 2, 2017, Regular Meeting regarding status of highways, litter, graffiti, and road maintenance; and 3) Caltrans is working on a transportation concept report for SR 85. He reminded members to submit project study reports that should be included in the budget by March 24, 2017. Member Mello left the meeting at 3:00 p.m. On order of Chairperson Morley, and there being no objection, the Committee received an update on Caltrans Activities and Initiatives. 19. Committee Work Plan On order of Chairperson Morley, and there being no objection, the Committee reviewed the Committee Work Plan. 20. ANNOUNCEMENTS Ms. Rensi announced Jane Shinn, Senior Management Analyst, will send a short survey regarding 2016 Measure B program development process to the Committee Members. Member Fisher provided a brief summary of discussions at the March 6, 2017, City of Gilroy’s City Council meeting, noting: 1) importance of expanded Caltrain service in Gilroy; 2) highway interchange improvement priorities; and 3) advocated for use of 2016 Measure B Transit Operations funds to preserve some bus service in the City of Gilroy.

Technical Advisory Committee Minutes Page 6 of 7 March 8, 2017 Public Comment Mr. Lebrun expressed support of enhanced Caltrain service in the City of San Jose and South County. He also expressed support of use of urbanized area formula funds to support Caltrain service improvements in Santa Clara County. 21. ADJOURNMENT On order of Chairperson Morley, and there being no objection, the meeting was adjourned at 3:04 p.m.

Respectfully submitted,

Michelle Oblena, Board Assistant VTA Office of the Board Secretary

Technical Advisory Committee Minutes Page 7 of 7 March 8, 2017

CITIZENS ADVISORY COMMITTEE and 2000 MEASURE A CITIZENS WATCHDOG COMMITTEE

Wednesday, February 8, 2017

MINUTES

CALL TO ORDER

The Regular Meeting of the Citizens Advisory Committee (CAC)/2000 Measure A Citizens Watchdog Committee (CWC) was called to order at 4:04 p.m. by Vice Chairperson Fredlund in Conference Room B-106, VTA River Oaks Campus, 3331 North First Street, San Jose, California.

1. ROLL CALL

Attendee Name Title Status Stephen Blaylock Member Present Aneliza Del Pinal Member Present Chris Elias Member Present Sharon Fredlund Vice Chairperson Present William Hadaya Member Present Ray Hashimoto Member Absent Aaron Morrow Member Present Chris O'Connor Member Present Charlotte Powers Member Present Connie Rogers Member Present Martin Schulter Member Present Noel Tebo Member Present Herman Wadler Chairperson Present

A quorum was present.

2. ORDERS OF THE DAY

There were no Orders of the Day.

Chairperson Wadler took his seat at 4:05 p.m. Vice Chairperson Fredlund relinquished her seat as Chairperson, and Chairperson Wadler presided for the remainder of the meeting.

3. PUBLIC PRESENTATIONS:

There were no Public Presentations.

4. Committee Staff Report Aaron Quigley, Senior Policy Analyst and Staff Liaison, reported the VTA Board of Directors (Board) took the following actions at their March 2, 2017, meeting: 1) recognized 2016 Advisory Committee Chairpersons for their service and dedicated leadership; 2) introduced 2017 Advisory Committee Chairpersons; 3) approved the appointment process for 2016 Measure B Citizens Oversight Committee; 4) approved contracts with WABO Landscape & Construction for landscaping of the Berryessa and Milpitas Campuses; 5) noted the draft Next Network transit service redesign will be presented for Board consideration in May 2017 to allow more time for public input; 6) 2016 Annual Report is now on the VTA website; 7) the Federal Transit Administration (FTA) deferred the decision on the Full Funding Grant Agreement (FFGA) for the 2000 Measure A Caltrain Electrification Project to give the new administration an opportunity to look at the overall federal budget for next year; 8) new Board Orientation is scheduled for March 23, 2017, and; 9) presented VTA Senior Outreach Video.

Member Schulter arrived at the meeting at 4:11 p.m. and took his seat.

5. Chairperson's Report Chairperson Wadler reported the following: 1) plan to acknowledge members who have recently resigned from the Citizens Advisory Committee at the April 2017 meeting; 2) upcoming Bay Area Rapid Transit (BART) Extension tour is tentatively scheduled for April 2017; 3) encouraged members to use VTA's new Trip Planning Tool, and; 4) expressed appreciation for the Board’s recognition of the Advisory Committee Chairpersons. Member Elias arrived at the meeting at 4:14 p.m. and took his seat.

6. Committee for Transportation Mobility and Accessibility (CTMA) Report Member Morrow reported the following: 1) CTMA met as a Committee of the Whole in February 2017 and discussed and recommended the contract award for the Paratransit Program. He stated the Committee noted issues with wait times, shared rides, the need for improved service and better scheduling, pick-up time policies, service available through the new contract and contract information; 2) discussed Next Network Paratransit Service Area Analysis; 3) review of paratransit eligibility process, and; 4) stated after 13 years he has resigned as CTMA Chairperson, and expressed excitement for the Committee's new energy and thought process. Members of the Committee congratulated Member Morrow and recognized him for his tenure of service to the CTMA.

7. Bicycle and Pedestrian Advisory Committee (BPAC) Report There was no Bicycle and Pedestrian Advisory Committee (BPAC) Report.

COMBINED CAC AND 2000 MEASURE A CITIZENS WATCHDOG COMMITTEE CONSENT AGENDAS Member Morrow referenced Agenda Item #10., Transit Operations Performance Report - FY2017 Second Quarter, and expressed concern with continued declining ridership numbers.

Citizens Advisory Committee Page 2 of 5 Wednesday, March 08, 2017 Vice Chairperson Fredlund noted as ridership declines the number of concerns is increasing. She requested a matrix of the primary concerns, and the magnitude of those concerns.

8. Regular Meeting Minutes of February 8, 2017

M/S/C (Tebo/Powers) to approve the Regular Meeting Minutes of February 8, 2017.

9. Legislative Update Matrix

M/S/C (Tebo/Powers) to review the Legislative Update Matrix.

10. Transit Operations Performance Report - Q2 FY 2017

M/S/C (Tebo/Powers) to receive the FY2017 Second Quarter Transit Operations Performance Report.

11. Transit Service Changes - April 10, 2017

M/S/C (Tebo/Powers) to receive a report on the April 10, 2017 Transit Service Changes.

RESULT: APPROVED [UNANIMOUS] (Consent Agenda Items #8-11) MOVER: Tebo, Member SECONDER: Powers, Member AYES: Blaylock, Del Pinal, Elias, Hadaya, Morrow, O’Connor, Powers, Rogers, Schulter, Tebo, Fredlund, Wadler NOES: None ABSENT: Hashimoto

2000 MEASURE A CITIZENS WATCHDOG COMMITTEE REGULAR AGENDA

12. 2000 Measure A Transit Improvement Program Semi-Annual Report Ending December 31, 2016

Dennis Ratcliffe, Interim Director, Planning & Program Development, provided an overview of the staff report and a presentation entitled “Measure A Semi-Annual Report Period Ending December 31, 2016,” highlighting: 1) Cost Summary; 2) Progress Status – BART Silicon Valley Berryessa Extension (SVBX); 3) Project Status – BART Silicon Valley Santa Clara Extension (SVSX); 4) Project Status – Extend Light Rail from Downtown San Jose to the East Valley (CELR Phase II); 5) Project Status – Caltrain Service Upgrades; 6) Project Status - Improve Bus Service in Major Corridors; 7) Project Status – Develop New Light Rail Corridor; 8) Progress Photographs – SVBX BART Vehicle Qualification Testing; 9) Progress Photographs – SVBX Hostetter Trench;

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

Citizens Advisory Committee Page 3 of 5 Wednesday, March 08, 2017 10) Progress Photographs – SVBX Milpitas Station; 11) Progress Photographs – SVBX Berryessa Station; 12) Progress Photographs – SVBX Berryessa Station Parking Garage; 13) BART Hayward Main Shop; 14) Santa Clara Pedestrian Underpass, and; 15) Alum Rock Santa Clara Bus Rapid Transit (BRT).

Members of the Committee and staff discussed the following: 1) draft supplemental Environmental Impact Report (EIR) timeline; 2) BART Warm Springs Extension timeline; 3) remaining FFGA appropriations for SVBX; 4) current unallocated contingency budget is $150M, and; 5) reforecast shows the project is six months ahead of schedule.

On order of Chairperson Wadler and there being no objection, the Committee reviewed and discussed the 2000 Measure A Semi-Annual Report Ending December 31, 2016.

CITIZENS ADVISORY COMMITTEE REGULAR AGENDA

Agenda Items #13, 14 and 15 were heard together.

13. Draft 2016 Measure B Program Areas - BART Phase II

14. Draft 2016 Measure B Program Areas - State Route 85 Corridor

15. Draft 2016 Measure B Program Areas - Local Streets & Roads

Jane Shinn, Senior Management Analyst, provided an overview of the staff report, and a presentation entitled “2016 Measure B Program Areas,” highlighting: 1) 2016 Measure B Program Areas; 2) BART Phase II - Program Description; 3) BART Phase II - Proposed Guidelines; 4) 2016 Measure B Program Areas; 5) SR 85 Corridor - Program Description; 6) SR 85 Corridor - Proposed Guidelines; 7) SR 85 Corridor - Transit Guideway Study; 8) 2016 Measure B Program Areas; 9) Local Streets & Roads - Program Description; 10) Local Streets & Roads - Proposed Guidelines, and 11) Local Streets & Roads - Maintenance of Effort.

Members of the Committee and staff discussed the following: 1) types of projects that will be considered as part of the Transit Guideway Study; 2) city funding agreements for local road projects; 3) Metropolitan Transportation Commission (MTC) calculation, and; 4) recommendation to request additional funding from MTC for road repairs due to extreme weather conditions in 2017.

On order of Chairperson Wadler and there being no objection, the Committee reviewed and discussed Draft 2016 Measure B - BART Phase II Program Area.

On order of Chairperson Wadler and there being no objection, the Committee reviewed and discussed Draft 2016 Measure B - State Route 85 Corridor Program Area.

On order of Chairperson Wadler and there being no objection, the Committee reviewed and discussed Draft 2016 Measure B - Local Streets & Roads Program Area.

Citizens Advisory Committee Page 4 of 5 Wednesday, March 08, 2017 16. Development Review Annual Report for 2016

Robert Swierk, Principal Transportation Planner, introduced Brent Pearse, Transportation Planner, who provided an overview of the staff report and handout entitled “Development Review Program Annual Report 2016,” highlighting: 1) Outline; 2) Key Themes of 2016 Annual Report; 3) Background; 4) Select Projects Under Construction or Completed in 2016; 5) Development Review Activity for 2016; 6) Development Boom Extends Through 2016; 7) New Development Boom Drawn to BART & Milpitas Transit Area; 8) Public and Private Partners Collaborating on Funding Challenges; 9) Voluntary Contribution Highlight; 10) Focus on Pedestrian, and; 11) Emerging Trends for 2017.

Members of the Committee and staff discussed the following: 1) affordable housing units; 2) suggestions for tracking the effectiveness of VTA comments; 3) importance of collaboration with cities during the planning phase; 4) suggested VTA comments should focus on transit/alternative mode incentives; 5) offered recommendations for bicycle accommodations, Joint Development on surplus lands, and coordination in high-growth areas; 6) expressed concern with buffered bike lanes, and; 7) encouraged the use of solar panels.

On order of Chairperson Wadler and there being no objection, the Committee received the Development Review Annual Report for 2016.

COMBINED CAC AND CITIZENS WATCHDOG COMMITTEE ITEMS

17. Review the Citizens Advisory Committee and Citizens Watchdog Committee Work Plans. On order of Chairperson Wadler and there being no objection, the Committee reviewed the Citizens Advisory Committee and Citizens Watchdog Committee Work Plans. OTHER

18. ANNOUNCEMENTS

There were no Announcements.

19. ADJOURN

On order of Chairperson Wadler and there being no objection, the meeting was adjourned at 5:33 p.m.

Respectfully submitted,

Anita McGraw, Board Assistant VTA Office of the Board Secretary

Citizens Advisory Committee Page 5 of 5 Wednesday, March 08, 2017

BICYCLE & PEDESTRIAN ADVISORY COMMITTEE Wednesday, March 8, 2017 MINUTES CALL TO ORDER

The Regular Meeting of the Bicycle and Pedestrian Advisory Committee (BPAC) was called to order at 6:33 p.m. by Chairperson Hertan in Conference Room B-106, Santa Clara Valley Transportation Authority (VTA), 3331 North First Street, San José, California.

1. ROLL CALL Attendee Name Title Representing Status Wes Brinsfield Member City of Los Altos Present Kristal Caidoy Member City of Milpitas Present Barry Chaffin Member City of Monte Sereno Present Jaime Fearer Member City of San José Present Paul Goldstein Member City of Palo Alto Present Bill Haskell Member City of Morgan Hill Absent Peter Hertan Chairperson Town of Los Gatos Present Sarah Peters Vice Chairperson City of Santa Clara Present David Simons Member City of Sunnyvale Absent Jim Stallman Member City of Saratoga Present Paul Tuttle Member City of Campbell Present Greg Unangst Member City of Mountain View Absent Herman Wadler Member County of Santa Clara Present Vacant Member City of Cupertino n/a Vacant Member City of Gilroy n/a Vacant Member Town of Los Altos Hills n/a Colin Heyne Ex-Officio Member Silicon Valley Bicycle Coalition Present Shiloh Ballard Alt. Ex-Officio Member Silicon Valley Bicycle Coalition n/a

A quorum was present.

2. ORDERS OF THE DAY

There were Orders of the Day.

3. PUBLIC PRESENTATIONS:

Steve Skala, Interested Citizen, commented on installing bike bridges and green painted bike lanes in Santa Clara County near the Alameda County border to increase movement between the counties for pedestrians and bicyclists.

CONSENT AGENDA

4. Regular Meeting Minutes of February 8, 2017

M/S/C (Stallman/Goldstein) to approve the Regular Meeting Minutes of February 8, 2017.

RESULT: APPROVED MOVER: Jim Stallman, Member SECONDER: Paul Goldstein, Member AYES: Brinsfield, Caidoy, Chaffin, Fearer, Goldstein, Hertan, Peters, Stallman, Tuttle, Wadler NOES: None ABSENT: Haskell, Simons, Unangst

REGULAR AGENDA

5. 2016 Measure B Bicycle & Pedestrian Program Area - Education & Encouragement Grants Category

Marcella Rensi, Transportation Planning Manager - Planning and Grants, provided an overview of the 2016 Measure B Bicycle & Pedestrian Program Area - Education & Encouragement Grants Category highlighting funds distribution.

Discussion ensued on the following: 1) banking funds; and 2) partnering with other cities or the county for larger projects.

On order of Chairperson Hertan, and there being no objection, the Committee discussed the 2016 Measure B Bicycle & Pedestrian Program Area - Education & Encouragement Grants Category.

6. Vehicle Emissions Reductions Based at Schools Evaluation Criteria

Ms. Rensi provided a brief overview of the staff report.

Members of the Committee discussed the following: 1) projects are not likely to get all scoring points in all categories; and 2) project readiness for small and large cities may differ.

M/S/C (Goldstein/Wadler) to recommend that the VTA Board of Directors approve the revised evaluation criteria, including statistics as part of safety and procedures, for selecting projects and awarding Vehicle Emissions Reductions Based at Schools (VERBS) Program grants.

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

Bicycle & Pedestrian Advisory Committee Minutes Page 2 of 5 March 8, 2017 RESULT: APPROVED, AS AMENDED MOVER: Paul Goldstein, Member SECONDER: Herman Wadler, Member AYES: Brinsfield, Caidoy, Chaffin, Fearer, Goldstein, Hertan, Peters, Stallman, Tuttle, Wadler NOES: None ABSENT: Haskell, Simons, Unangst

7. Development Review Annual Report for 2016

Robert Swierk, Principal Transportation Planner, Transportation Planning, introduced Brent Pearse, Transportation Planner. Mr. Pearse provided a presentation titled, “Development Review Program Annual Report 2016,” highlighting the following: 1) Key Themes of 2016 Annual Report; 2) Background; 3) Select Projects Under Construction or Completed in 2016; 4) Development Review Activity for 2016; 5) Development Boom Extends Through 2016: Employment Focus; 6) Development Boom Extends Through 2016: Residential Focus; 7) New Development Boom Drawn to BART & Milpitas Transit Area; 8) Public and Private Partners Collaborating on Funding Challenges; 9) Voluntary Contribution Highlight: Moffett Towers II, Sunnyvale; 10) Voluntary Contribution Highlight: Coleman Highline, San José; 11) Focus on the Pedestrian; 12) Focus on the Pedestrian: The Pierce, San José; 13) Focus on the Pedestrian: Sobrato Mixed Use, Sunnyvale; 14) Focus on the Pedestrian: Riverview Apartments, San José; and 15) Emerging Trends for 2017.

Discussion ensued on the following: 1) increased voluntary donations; 2) Leadership in Energy and Environmental Design (LEED) certification; and 3) green bicycle lanes and high visibility crosswalks.

On order of Chairperson Hertan, and there being no objection, the Committee received the Development Review Annual Report for 2016.

8. Report from the Santa Clara County Public Health Department on the Recently Published Data Report, “Walking for a Healthier Santa Clara County”

Sue Lowery, Santa Clara County Public Health Department, provided a presentation titled, “Walking for a Healthier Santa Clara County,” highlighting the following: 1) Overview; 2) Content Experts/Collaborators; 3) Data Sources; 4) Benefits; 5) Commuting by Foot; 6) Walking for Physical Activity, Recreation, and Health; 7) Physical Activity and Youth; 8) Pedestrian Collisions; 9) Pedestrian Injuries; 10) Pedestrian Fatalities; 11) Pedestrian Collision Maps; 12) Emerging Issues; 13) Recommendations - E's of Traffic Safety; 14) Plans, Policies, and Initiatives; 15) Limitations; and 16) Contact.

Ms. Lowery noted the Santa Clara County Department of Public Health is available to present the report to interested local BPACs and City Councils.

On order of Chairperson Hertan, and there being no objection, the Committee received a report from the Santa Clara County Public Health Department on the recently published data report, “Walking for a Healthier Santa Clara County.”

Bicycle & Pedestrian Advisory Committee Minutes Page 3 of 5 March 8, 2017 OTHER

9. Committee Staff Report

Lauren Ledbetter, Senior Transportation Planner and BPAC Staff Liaison, provided a report, highlighting the following: 1) at their March 2, 2017 meeting, the VTA Board of Directors (Board) recognized the 2016 Advisory Committee Chairpersons; 2) the Board approved the appointment process for the 2016 Measure B Citizens Oversight Committee at the February 2017 meeting; 3) new Board Member orientation; 4) Monthly Bike Pedestrian webinar on “Active Transportation in Rural Settings” on Wednesday, March 15, 2017 at noon; 5) Bascom Complete Streets Corridor; 6) VTA's Annual Report; 7) 2016 Measure B update; 8) Next Network revised scheduled; and 9) the Senior Ridership campaign.

On order of Chairperson Hertan, and there being no objection, the Committee received the Committee Staff Report.

10. Santa Clara County Staff Report

Dawn Cameron, Deputy Director, Santa Clara County Roads and Airports, reported the following: 1) County road storm damage updates; 2) list of road closures available at https://www.sccgov.org/sites/rda/Pages/roadclosures.aspx; and 3) special event applications being denied or the organizers are asked to change routes due to road closures.

On order of Chairperson Hertan, and there being no objection, the Committee received the Santa Clara County Staff Report.

11. Chairperson's Report

There was no Chairperson's Report.

12. Reports from BPAC Subcommittees

Member Stallman reported there will be a Board of Directors workshop in April 2017 to address the 2016 Measure B program areas, including Complete Streets.

Chairperson Hertan reported the Bike Travel Reimbursement Policy subcommittee has a proposal for a flat fee reimbursement which will be moved forward for consideration by VTA.

On order of Chairperson Hertan, and there being no objection, the Committee received the BPAC Subcommittees reports.

13. Citizens Advisory Committee (CAC) and 2000 Measure A Citizens Watchdog Committee (CWC) Report

There was no CAC/CWC report.

14. BPAC Work Plan

Ms. Ledbetter provided an overview of the BPAC Work Plan.

Bicycle & Pedestrian Advisory Committee Minutes Page 4 of 5 March 8, 2017 On order of Chairperson Hertan, and there being no objection, the Committee reviewed the BPAC Work Plan.

15. ANNOUNCEMENTS

Ex-Officio Member Heyne announced that the Silicon Valley Bicycle Coalition (SVBC) will hold its annual Bike Advocacy Summit on August 8, 2017.

Member Brinsfield made the following announcements: 1) the City of Los Altos City Council published the City’s priorities for 2017 with bicycle and pedestrian issues as the third priority; 2) the Caltrain Bicycle Advisory Committee will discuss the funding deferral for the Caltrain electrification project at its next meeting; and 3) a resident of Los Altos Hills commended the County for their work at Interstate 280 and Page Mill Road.

Member Wadler announced the following: 1) the next Bike Academy will begin in July; and 2) the Almaden Cycling Touring Club (ACTC) will be sponsoring a League Cycling Instructors (LCI) seminar.

Member Stallman announced that VTA is hosting an event for the Interstate 280 and Wolfe Road project on March 9, 2017.

Member Goldstein noted that a trail closure list, as discussed at a previous meeting, would have been helpful recently.

Chairperson Hertan announced that the Town of Los Gatos has completed their Bicycle Master Plan.

16. ADJOURNMENT

On order of Chairperson Hertan and there being no objection, the meeting was adjourned at 8:36 p.m.

Respectfully submitted,

Thalia Young, Board Assistant VTA Office of the Board Secretary

Bicycle & Pedestrian Advisory Committee Minutes Page 5 of 5 March 8, 2017

COMMITTEE FOR TRANSPORTATION MOBILITY AND ACCESSIBILITY

Thursday, March 9, 2017

RESCHEDULE MEETING NOTICE

NOTICE IS HEREBY GIVEN that the Santa Clara Valley Transportation Authority Committee for Transportation Mobility and Accessibility Meeting scheduled to be held on Thursday, March 9, 2017, at 10:00 a.m. has been rescheduled to April 13, 2017 at 10:00 a.m. in Room B-106, VTA River Oaks Campus, Building B, 3331 North First Street, San Jose, California.

Menominee L. McCarter, Board Assistant VTA Office of the Board Secretary

Policy Advisory Committee

Thursday, March 9, 2017

MINUTES

CALL TO ORDER

The Regular Meeting of the Policy Advisory Committee (PAC) was called to order at 4:03 p.m. by Chairperson Miller in Conference Room B-106, Valley Transportation Authority (VTA), 3331 North First Street, San Jose, California. 1. ROLL CALL Attendee Name Title Status Rich Waterman City of Campbell Absent Cristina, Jeff (Alternate) City of Campbell Absent Sinks, Rod City of Cupertino Present Barry Chang (Alternate) City of Cupertino NA Harney, Daniel City of Gilroy Present Tucker, Cat (Alternate) City of Gilroy NA Lee Eng, Lynette City of Los Altos Present Mordo, Jean (Alternate) City of Los Altos NA Wu, Michelle Town of Los Altos Hills Absent Gary Waldeck (Alternate) Town of Los Altos Hills Absent Rob Rennie Town of Los Gatos Present Marico Sayoc (Alternate) Town of Los Gatos NA Nuñez, Bob City of Milpitas Present Garry Barbadillo (Alternate) City of Milpitas NA Rowena Turner City of Monte Sereno Absent Curtis Rogers (Alternate) City of Monte Sereno Absent Rich Constantine City of Morgan Hill Present Rene Spring (Alternate) City of Morgan Hill NA John McAlister City of Mountain View Present Abe-Koga, Margaret (Alternate) City of Mountain View NA Liz Kniss City of Palo Alto Present Cory Wolbach (Alternate) City of Palo Alto NA Carrasco, Magdalena City of San Jose Absent Vacant (Alternate) City of San Jose - Kathy Watanabe City of Santa Clara Present Patrick Kolstad(Alternate) City of Santa Clara NA Howard Miller City of Saratoga Present Rishi Kumar (Alternate) City of Saratoga NA Gustav Larsson City of Sunnyvale Present Nancy Smith (Alternate) City of Sunnyvale NA Mike Wasserman SCC Board of Supervisors Present

A quorum was present.

2. ORDERS OF THE DAY

There were no Orders of the Day.

3. PUBLIC PRESENTATIONS

There were no Public Presentations.

4. Committee Staff Report

Jim Lawson, Director of Public Affairs and Executive Policy Advisor and Staff Liaison, provided a report, highlighting the following: 1) the VTA Board of Directors (Board) took the following actions at the March 2, 2017 meeting: a) welcomed newly appointed Alternate Board Member Daniel Harney, representing Group 4 –South County; b) recognized the 2016 Chairpersons of VTA’s Advisory Committees; c) approved the appointment process for the ballot-required 2016 Measure B Citizens Oversight Committee, noting individuals can sign up on the VTA website; 2) commented about the Next Network Schedule, noting that the Final Transit Service Plan would be presented to the Board for their consideration in May ; 3) presented the video for Seniors campaign; and 4) provided an update regarding the Caltrain Electrification Project.

Member Constantine arrived and took his seat at 4:06 p.m.

Public Comment

Roland Lebrun, Interested Citizen, made the following comments: 1) noted the California State Finance Department denied the request to use Measure A funds for Caltrain Electrification; 2) expressed opposition to Caltrain Electrification; 3) expressed support to those individuals who are fighting electrification; and 4) noted statements from the California High-Speed Rail peer review group regarding electrification.

5. Chairperson's Report

Chairperson Miller announced the VTA Board Workshop Meeting will be held on April 21, 2017, at 9:00 a.m. and recommended Members of the Committee attend the meeting. CONSENT AGENDA

6. Regular Meeting Minutes of February 9, 2017.

M/S/C (Wasserman/Constantine) to approve the Regular Meeting Minutes of February 9, 2017.

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

Policy Advisory Committee Minutes Page 2 of 7 March 9, 2017 7. 2000 Measure A Semi-Annual Report Ending December 31, 2016

M/S/C (Wasserman/Constantine) to approve the 2000 Measure A Transit Improvement Program Semi-Annual Report Ending December 31, 2016.

8. Programmed Project Monitoring - Quarterly Report

M/S/C (Wasserman/Constantine) to approve the Programmed Projects Quarterly Monitoring Report for October - December 2016.

9. Transit Operations Performance Report - FY2017 Second Quarter

M/S/C (Wasserman/Constantine) to approve the FY2017 Second Quarter Transit Operations Performance Report.

10. Legislative Update Matrix

M/S/C (Wasserman/Constantine) to approve the Legislative Update Matrix.

RESULT: APPROVED – Consent Agenda MOVER: Mike Wasserman, Member SECONDER: Rich Constantine, Member AYES: Constantine, Harney, Kniss, Larsson, Lee Eng, McAlister, Miller, Nunez, Rennie, Sinks, Turner, Wasserman NOES: None ABSENT: Carrasco, Turner, Waterman, Wu

REGULAR AGENDA

11. 2016 Measure B Bicycle & Pedestrian Program Area - Education & Encouragement Grants Category

Marcella Rensi, Transportation Planning Manager, provided an overview of 2016 Measure B Bicycle & Pedestrian Program Area - Education & Encouragement Grants Category. Ms. Rensi noted the following: 1) goal is to help cities increase or maintain their Education program; 2) provided examples of how the money could be spent; 3) noted and what the cities could do with the money, including saving the money until there is enough to use towards a program or partner with a neighboring city and combine the funds for their use.

Members of the Committee made the following comments: 1) commented that it would be the cities’ prerogative to find the money versus partnering with a neighboring city; 2) requested that the guidelines be clear and simple; 3) inquired about the unincorporated areas receiving funds; 4) commented that Palo Alto has a strong education program; 4) inquired about using the funds for other city needs; 5) inquired about the timeline to use the funds; 6) expressed support for providing funds to the smaller cities that could boost their education program: 7) noted the cities should be the ones that have the ultimate say to where the funds are best needed; 8) noted the Technical Advisory

Policy Advisory Committee Minutes Page 3 of 7 March 9, 2017 Committee (TAC) expressed concern about the unincorporated areas; and 9) commented about the need to be sensitive to the voters perspective on when and how the funds are being used.

Ms. Rensi informed the Committee that staff is still working on the details and would like to receive continued input from the Committee.

Public Comment

Mr. Lebrun referenced Attachment 11.a and commented about the two options provided by staff. Mr. Lebrun expressed concern about San Jose receiving less money with the $10k Minimum Allocation Proposal.

On Order of Chairperson Miller and there being no objection, the Committee discussed the 2016 Measure B Bicycle & Pedestrian Program Area - Education & Encouragement Grants Category.

12. Vehicle Emissions Reductions Based at Schools Evaluation Criteria

Ms. Rensi provided an overview of the staff report, referencing the revised criteria on Attachment 12.a.

The Committee expressed support for the revised criteria.

M/S/C (Kniss/Sinks) to recommend that the VTA Board of Directors approve the revised evaluation criteria and procedures for selecting projects and awarding Vehicle Emissions Reductions Based at Schools (VERBS) Program grants.

RESULT: APPROVED – Consent Agenda MOVER: Liz Kniss, Member SECONDER: Rod Sinks, Member AYES: Constantine, Harney, Kniss, Larsson, Lee Eng, McAlister, Miller, Nunez, Rennie, Sinks, Turner, Wasserman NOES: None ABSENT: Carrasco, Turner, Waterman, Wu

13. Draft 2016 Measure B Program Areas - BART Phase II

Scott Haywood, Transportation Planning Manager, provided an overview of the staff report and provided a presentation entitled “2016 Measure B Program,” highlighting: 1) 2016 Measure B Program Areas; 2) BART Phase II Program Description; and 3) BART Phase II – Proposed Guidelines.

Policy Advisory Committee Minutes Page 4 of 7 March 9, 2017 Discussion ensued about the following: 1) distribution of 2016 Measure B funds; 2) 2016 Measure B funds allocated to BART; 3) ballot language regarding timing and distribution of funds; 4) VTA’s commitment to finding a local match for other cities projects; 5) the need to prioritize projects; 6) the multiple funding sources for the matching funds related to BART; and 7) the outcome of a project if a city is unable to come up with the 10% local match.

Mr. Haywood noted the following: 1) there is a cap for how much is allocated to BART; 2) reminded the Committee, due to the size of the BART project, there will be a combined effort from multiple sources to fund the match for the BART extension; and 3) staff will develop guidelines on the implementation process.

Upon inquiry of Member Kniss, Mr. Lawson noted that the cities would have to come up with the 10% local match prior to receiving 2016 Measure B funds. He further noted that BART is a project that has been in the planning stages for years versus a project that a city would like to begin the planning stages.

Public Comment

Mr. Lebrun commented about the following: 1) Caltrain’s frequency to Gilroy versus Palo Alto; and 2) construction in Mountain View downtown area and noted the opportunities to increase Caltrain capacity.

On Order of Chairperson Miller and there being no objection the Committee reviewed and discussed the Draft 2016 Measure B - BART Phase II Program Area.

Member Wasserman left the meeting at 4:59 p.m.

14. Draft 2016 Measure B Program Areas - State Route 85 Corridor

Mr. Haywood provided an overview of the staff report and provided a presentation entitled “2016 Measure B Program,” highlighting: 1) SR 85 Corridor Program Description; 2) SR 85 Corridor – Proposed Guidelines; and 3) SR 85 – Transit Guideway Study.

Members of the Committee made the following comments: 1) inquired about the 10% match contained in the contributions slide not being part of the BART presentation slides; and 2) noted that BART would need the full grant funding prior to moving forward.

On Order of Chairperson Miller and there being no objection, the Committee reviewed and discussed the Draft 2016 Measure B - State Route 85 Corridor Program Area.

15. Draft 2016 Measure B Program Areas - Local Streets & Roads

Mr. Haywood provided a brief overview of the staff report.

Members of the Committee inquired about the following: 1) the timeline for receiving funds to improve the streets and roads, since they were heavily impacted due to the rain; 2) the frequency and the review process to receive funds; and 3) projects taking longer than a year to complete.

Policy Advisory Committee Minutes Page 5 of 7 March 9, 2017 Members of the Committee made the following comments: 1) commented about cities using different methodology to reach the 70 Pavement Condition Index (PCI) Score; 2) suggested rewording or including a statement that shows VTA’s commitment to filling potholes; 3) the need to follow through with completing maintenance for the roads; 4) requested to keep the language clear and simple; 5) commented that the requirements for reporting be kept simple for each city; 6) expressed concern about the marketing outreach efforts to the public; 7) noted Gilroy’s PCI is falling; 8) commented that funds were promised for congestion relief; and 9) commented that certain oversight Committees were implemented to hold staff accountable and to see that the money is utilized as intended.

Mr. Haywood noted the following: 1) due to the requirements, the program would be reviewed on an annual basis; 2) if there were projects that would take longer than a year to complete, VTA staff would work with the city staff to complete the project; 3) thanked the Committee for their input, noting staff will work to include language reflecting VTA’s goal is to use funds to repair the potholes in the county; and 4) . if a city’s PCI score is 70 or more then funds could be used for congestion relief projects.

Member Kniss left the meeting at 5:27 p.m.

On Order of Chairperson Miller and there being no objection, the Committee reviewed and discussed the Draft 2016 Measure B - Local Streets & Roads Program Area.

16. Development Review Annual Report for 2016

Member Nunez left the meeting at 5:35 p.m.

Melissa Cerezo, Senior Planner, provided an overview of the staff report and provided a presentation, “Development Review Program Annual Report 2016,” highlighting: 1) Outline; 2) Key Themes of 2016 Annual Report; 3) Background; 4) Select Projects Under Construction or Completed in 2016; 5) Development Review Activity for 2016; 6) Development Boom Extends Through 2016 – Employment Focus; 7) Development Boom Extends Through – Residential Focus; 8) New Development Boom Drawn to BART & Milpitas Transit Area\; 9) Public and Private Partners Collaborating on Funding Challenges; 10) Voluntary Contribution Highlight- Moffett Towers II, Sunnyvale; 11) Voluntary Contribution Highlight – Coleman Highline, San Jose; 12) Focus on the Pedestrian; 13 ) Focus on the Pedestrian- The Pierce, San Jose; and 14) Focus on the Pedestrian- Riverview Apartments, San Jose.

Members of the Committee made the following comments: 1) inquired if the transportation projects will to reduce congestion are in areas showing increased development; 2) suggested the presentation reflect projects that are actively in construction; 3) noted the growth along the El Camino corridor; 4) inquired if VTA is building transit to match development; and 5) inquired about the status of the Stevens Creek/280 corridor.

Policy Advisory Committee Minutes Page 6 of 7 March 9, 2017 Robert Swierk, Principal Transportation Planner and Ms. Cerezo noted the following: 1) some of the mapping is intended to show projects VTA has received, projects that are in the process and/or completed; and 2). VTA is investing in transit projects to match development.

Member Constantine left the meeting 5:47 p.m.

Public Comment

Mr. Lebrun commented on the presentation’s format and suggested staff change the size of icons based on importance and relevance.

Upon inquiry of Chairperson Miller, Mr. Lawson reported that the Valley Transportation Program (VTP) 2020 Call for Projects list shows what cities’ projects are in the planning process.

On Order of Chairperson Miller and there being no objection, the Committee received the Development Review Annual Report for 2016. OTHER

13. Committee Work Plan

Members of the Committee requested the following: 1) an update on the current status of all the major corridors in the county; and 2) the El Camino corridor be included in the report.

On order of Chairperson Miller and there being no objection, the Committee reviewed the Committee Work Plan.

14. ANNOUNCEMENTS

There were no Announcements.

15. ADJOURNMENT

On order of Chairperson Miller and there being no objection, the Committee meeting was adjourned at 5:51 p.m.

Respectfully submitted,

Theadora Abraham Board Assistant VTA Office of the Board Secretary

Policy Advisory Committee Minutes Page 7 of 7 March 9, 2017

DIRIDON STATION JOINT POLICY ADVISORY BOARD

March 17, 2017

NOTICE OF CANCELLATION

NOTICE IS HEREBY GIVEN that the Santa Clara Valley Transportation Authority Diridon Station Joint Policy Advisory Board meeting scheduled for 3:00 p.m. on Friday, March 17, 2017, has been cancelled.

The next meeting of the Santa Clara Valley Transportation Authority Diridon Station Joint Policy Advisory Board is scheduled for 3:00 p.m. on Friday, June 16, 2017, in Wing Room 120, San José City Hall, 200 E. Santa Clara Street, San José, California.

Thalia Young, Board Assistant VTA Office of the Board Secretary

DOWNTOWN EAST VALLEY POLICY ADVISORY BOARD

Wednesday, March 22, 2017

RESCHEDULE MEETING NOTICE

NOTICE IS HEREBY GIVEN that the Santa Clara Valley Transportation Authority Downtown East Valley Policy Advisory Board Meeting scheduled to be held on Wednesday, March 22, 2017, at 10:00 a.m. has been rescheduled to a new meeting date/time to be determined.

Menominee L. McCarter, Board Assistant VTA Office of the Board Secretary