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BOARD OF DIRECTORS' WORKSHOP MEETING AGENDA
Friday, September 27, 2013
County Government Center
70 West Hedding Street
San Jose, CA 95110
9:00 AM
Closed Session 10
th Floor Conference Room
Public Employment
[Pursuant to Government Code Section 54957]
Title of position to be filled: General Manager
The VTA Board of Directors will hold an open session workshop meeting immediately
following Closed Session or at 10:00 a.m., whichever is first.
10:00 AM
Workshop Meeting
Board of Supervisors’ Chambers
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300
To help you better understand, follow, and participate in the meeting, the following information
is provided:
Persons wishing to address the Board of Directors on any item on the agenda or
not on the agenda should complete a blue card located at the public information
table and hand it to the Board Secretary staff prior to the meeting or before the
item is heard.
Speakers will be called to address the Board when their agenda item(s) arise
during the meeting and are asked to limit their comments to 2 minutes. The
amount of time allocated to speakers may vary at the Chairperson's discretion
depending on the number of speakers and length of the agenda. If presenting
handout materials, please provide 25 copies to the Board Secretary for
distribution to the Board of Directors.
All reports for items on the open meeting agenda are available for review in the
Board Secretary’s Office, 3331 North First Street, San Jose, California, (408)
321-5680, the Monday, Tuesday, and Wednesday prior to the meeting. This
information is available on our website, www.vta.org, and also at the meeting.
Any document distributed less than 72-hours prior to the meeting will also be
made available to the public at the time of distribution. Copies of items provided
by members of the public at the meeting will be made available following the
meeting upon request.
WORKSHOP AGENDA
VTA Board of Directors
Friday, September 27, 2013
Page 2 of 3
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.
WORKSHOP AGENDA
VTA Board of Directors
Friday, September 27, 2013
Page 3 of 3
1. CALL TO ORDER AND ROLL CALL
1.1. ROLL CALL
2. CLOSED SESSION REPORT
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. WORKSHOP ITEMS
4.1. INFORMATION ITEM - Receive an update on the Title VI Program. (Fabela)
4.2. INFORMATION ITEM - SVRT Annual Update. (Gonot)
4.3. INFORMATION ITEM - Review the Silicon Valley Express Lanes.
(Ristow/Smith)
5. OTHER ITEMS
5.1. General Manager's Report
A. INFORMATION ITEM - Receive an update on the Public Employee
Pension Reform Act (PEPRA). (Fabela)
5.2. ANNOUNCEMENTS
6. ADJOURN
Date: September 11, 2013
Current Meeting: September 27, 2013
Board Meeting: September 27, 2013
BOARD MEMORANDUM
TO: Santa Clara Valley Transportation Authority
Board of Directors
THROUGH: N/A
FROM: General Counsel Robert R Fabela
SUBJECT: Title VI - Update
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300
FOR INFORMATION ONLY
BACKGROUND:
The Valley Transportation Authority is a recipient of Federal Transit Administration (FTA)
financial assistance. One of the prerequisites for receiving FTA assistance is that the VTA must
comply with Title VI regulations issued by the U.S. Department of Transportation.
Title VI regulations prohibits a recipient from discrimination on the basis of race, color, or
national origin in the provision of public transportation services. Title VI policies also prohibit
the adverse impacts of changes to fares or services to be predominately borne by low-income or
minority individuals.
The FTA Title VI regulations, which have been updated recently, require the public
transportation provider’s governing board to approve system-wide service standards and policies
and the results of their monitoring program relative to those standards and policies. Governing
Boards also need to approve policies to determine when a fare or major service change occurs
that would trigger an equity analysis, which is used to identify disparate impacts and
disproportionate burdens on minority and low income populations. The development of Major
Service Change, Disparate Policy, and Disproportionate Burden policies will need to include
participation and input from the public.
DISCUSSION:
In light of these developments, the VTA General Counsel and VTA staff will provide a verbal
report of the key provisions of Title VI, the newer regulations requiring Board action, and the
schedule for upcoming Board items.
Prepared By: Robert Fabela
Memo No. 4206
4.1
Title VI Program
VTA Board of Directors’ WorkshopSeptember 27, 2013
Presented by:
Robert Fabela, Chief CounselSylvester Fadal, Human Resources Manager
4.1.a
Presentation Overview
What is Title VI? Why is Title VI Important? Required Board Action Schedule
2
4.1.a
Title VI (codified at 42 U.S.C. §2000d et seq.) was enacted as part of the landmark Civil Rights Act of 1964 signed by President Lyndon B. Johnson. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.
“Overview of Title VI of the Civil Rights Act of 1964,” last updated May 14, 2013, Department of Justice website: http://www.justice.gov/crt/about/cor/coord/titlevi.php
What is Title VI?
3
4.1.a
Title VI Applicability to VTA
As clarified by the Civil Rights Restoration Act of 1987, Title VI covers all of the operations of federal aid recipients, without regard to whether specific portions of the recipients’ programs or activities are federally funded.
As a federal assistance recipient, all VTA programs are subject to Title VI.
4
4.1.a
Why is Title VI Important?Title VI… Ensures that public services, including transportation, are provided in a
nondiscriminatory manner
Requires opportunities for public participation in decision‐making without regard to race, color, national origin, including populations with limited English proficiency
Removes barriers to public transportation for persons who are limited in English proficiency
Is the subject of renewed focus at the federal level
Non‐compliance with Title VI can cause federal funding to be conditioned or withheld
5
4.1.a
FTA Title VI Monitoring
Review of the Title VI Programs submitted by transit agencies every three years– Includes documentation showing compliance, development and
implementation of required policies and plans
Investigation of Title VI complaints
Title VI is included as part of FTA Triennial Reviews
6
4.1.a
FTA Title VI Circular: New Primary Requirements
Conduct updated survey of passengers– Collect customer demographic and travel pattern data through passenger
surveys at least every five years
Develop a formal Public Participation Plan
Minority representation on Planning and Advisory Bodies– Provide a table depicting the racial breakdown of district‐appointed
planning and advisory committees
Adopt policy on major service changes
Adopt policies on disparate impact and disproportionate burden on specific populations
7
4.1.a
Title VI Service and Fare Equity Analysis
Agencies have to conduct equity analyses whenever they are proposing a fare change or major service change to evaluatethe impacts of their proposed changes on minority and low‐income customers separately.
Agencies should ensure that there is an equitable distribution of benefits or burdens associated with proposed fare or service changes.
Proposed changes which will have disparate impacts cannot beimplemented by agencies unless:1. There is substantial legitimate justification2. There are no less discriminatory alternatives
Upon completion of a service or fare equity analysis, VTA willbrief its Board and seek approval of the equity analysis and proposed change.
8
4.1.a
FTA Title VI Circular: Service Standards and Policies
Adopt system‐wide service standards and policies – Quantitative standards, qualitative policies– Requires Board approval prior to submission to the FTA
Monitor compliance with standards and policies– Present service monitoring results to the Board every three years– Board is required to approve results and provide input on
mitigations for potential negative findings
9
4.1.a
Board of Director Actions
Review and adopt:
Major Service Change Policy Disparate Impact Policy Disproportionate Burden Policy System‐wide Service Standards and Policies Monitoring of Transit Service Title VI Program
10
4.1.a
Proposed Title VI Schedule September 16th‐20th: Public Engagement for Policy
Development (dates are subject to change)
September 27th: Title VI Overview at Board Workshop
November 7th: Present Title VI Policies to Board for Approval
December 12th : Present Monitoring Program and Title VI Program to Board for Approval
December 2013: Submit Title VI Program to FTA11
4.1.a
Date: September 18, 2013
Current Meeting: September 27, 2013
Board Meeting: September 27, 2013
BOARD MEMORANDUM
TO: Santa Clara Valley Transportation Authority
Board of Directors
THROUGH: General Manager, Michael T. Burns
FROM: Chief SVRT Program Officer, Carolyn M. Gonot
SUBJECT: SVRT Program Update - BOD Workshop
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300
FOR INFORMATION ONLY
BACKGROUND:
BART Silicon Valley involves a program of transportation improvements throughout the Silicon
Valley Rapid Transit (SVRT) corridor that generally extends from the southern boundary of
Alameda County in the City of Fremont through the cities of Milpitas, San Jose, and Santa Clara.
These improvements include a planned 16-mile, six-station extension of the existing San
Francisco Bay Area Rapid Transit District (BART) system into Silicon Valley. The BART
Silicon Valley program includes the Silicon Valley Berryessa Extension (SVBX), extending the
BART system to Milpitas and the Berryessa area of North San Jose, as well as the Silicon Valley
Santa Clara Extension (SVSX), completing the extension into San Jose and Santa Clara. The
SVRT Program also includes other related projects and activities required to prepare the rail
corridor for BART, such as relocation of existing UPRR tracks and utilities, drainage
improvements, and grade separation projects within the alignment that are funded through other
sources.
DISCUSSION:
Staff will present an update on SVRT Program activities. Discussion items will include an
overview of the overall SVRT budget, and summary of major program activities currently
underway.
Staff will also provide an update on the SVBX project, reviewing the project budget, schedule
and contract plan, as well as providing information on current and near-term construction
activities throughout the corridor, including those pertaining to environmental aspects of the
project and the Residential Noise Insulation program, which provides noise insulation for the
upper floors of residences that may experience potentially severe noise impacts from the BART.
4.2
Page 2 of 2
Additional topics that will be discussed include VTA’s participation in projects that are being
planned and designed in the vicinity of the SVBX project, which will impact project design and
access, BART coordination and activities underway in relation to SVSX.
Prepared By: Carolyn Gonot
Memo No. 4225
4.2
September 27, 2013
Santa Clara Valley Transportation Authority Board of Directors Workshop
1
BART Silicon Valley Update
4.2.a
BART Silicon Valley Summary
- Carolyn Gonot
2
4.2.a
BART Silicon Valley Program
3
• 16-Mile BART Silicon Valley Extension • Corridor Preparation and Maintenance
– Property Acquisition – Freight Rail Relocation – Creek Mitigation
• BART Core System Improvements
4.2.a
$Millions - Year of Expenditure SVRT Program Element Estimate
Incurred To-Date* Status
SVRT Project Development Project Development Through 2009 209.8 209.8 Closed Project Development 2010 and Ongoing 45.3 22.9 Ongoing Project Development Total 255.1 $ 232.7 SVRT Corridor Establishment And Maintenance CEM Programwide (CEMPW) 2.8 2.8 Closed UPRR-Performed Activities (UPRR) 65.4 57.3 Ongoing Newhall Yard Property (NHY) 42.6 41.6 Ongoing Mitchell Block Property (MBP) 39.6 37.1 Ongoing Kato Grade Separation Project (KGS) 52.7 47.6 Under Construction Mission Warren truck-Rail (MWT) 156.0 88.4 Under Construction Lower Berryessa Creek Project (LBC) 82.1 73.8 Substantially Complete
Montague Reconstruction Project (MRP) 17.1 0.1 Design/ROW Corridor Establishment And Maintenance Total $ 458.2 $ 348.7 BART Silicon Valley Extension SVBX - Berryessa Extension Project 2,421.3 567.9 Under Construction SVSX - Future Extension to Santa Clara*1 4,122.5 160.7 Under Development BART Core System Modifications (BCS) 269.2 58.0 Ongoing BART Silicon Valley Extension Total $ 6,813.0 $ 786.6 BART Warm Springs Extension Warm Springs Extension (WSX)*2 8.0 2.5 VTA Funding Committment SVRT PROGRAM TOTALS $ 7,534.4 $ 1,370.5
* Incurred through July 31, 2013; The totals may differ from SAP totals due to rounding. *1 Source: Metropolitan Transportation Commission’s Transportation 2035 Plan for the San Francisco Bay Area: $3,962.0 (m) to-go, $160.5 incurred to-date (m). *2 Program Estimates adjusted to reflect assignment of grant funds appropriated between VTA and BART.
4
BART Silicon Valley Budget/Status
4.2.a
BART Silicon Valley Berryessa Extension (SVBX) Update
- Mark Massman
5
4.2.a
SVBX Schedule
6
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4
SVBX Summary Schedule - FFGA (Baseline) with Forecast (Data Date: August 2013) Date: 09/06/13
Campus, Roadways, & Parking
Design
Construction
Pre-Revenue Operations Testing
Revenue Vehicles - Design
Hayward Yard Primary Shop Conversion
BART provided Materials, Software and Equipment
Manufacture & Delivery Pilot & Production Vehicles
Guideway Construction
Stations Construction
Systems Procurement & Construction
Systems Integration Testing
2017
ROW Parcel Acquisition
Longitudinal Utility Relocation
C700 LTSS Design/Build
Design
Milestones
C101 Mission, Warren BART Bridges
C222 Kato Rd BART Bridge
C610 Piper Dr Utilities
BART
2012 2013 2014 2015 2016
1 2 3 4
2018
Forecast Actual Progress
C700 LNTP
FFGA
C101 MWT T/O to C700 BART Warm Springs T/O to C700
Forecast Revenue Operations
FTA Baseline
FFGA Revenue Operations
First Vehicles Last Vehicles
Last VehiclesFirst
August2013
Start Dynamic
Complete Dynamic Testing
Start Dynamic Testing
Complete Dynamic Testing
Construction
Procurement
Procurement
Forecast C101 T/O to C700 (C700 Contract Date)Forecast WSX T/O to C700 (C700 Contract Date)
C222 Kato T/O to C222 T/O to C700
Start Construction
Buffer ~ 9 months
BEG
IN R
EVEN
UE
SERV
ICES
4.2.a
Construction Plan Update
7
4.2.a
66” SCV Water Line San Jose Construction Activities
4.2.a
San Jose Construction Activities
4.2.a
4.2.a
Construction Planned for Next 6 Months Berryessa Aerial Guideway
Berryessa Station - Structure Las Plumas Substation
Approach Structures at Berryessa Hostetter Trench
Hostetter Substation Hostetter Overhead Structure
Utilities at Maybury & Berryessa
4.2.a
Construction Planned for Next 6 Months Montague Trench
Industrial Lead Bridge T-Wall Adjacent to Support New UPRR Industrial Lead Track
At Grade BART 34.5KV Ductbank Montague Expressway Overhead Structure
Milpitas Station Substructure Capital Ave Overhead Structure
4.2.a
Subcontractor Status : Current Commitments & To Be Procured
SCOPE PACKAGE DESCRIPTION FOR FUTURE CONTRACTS ESTIMATED SCOPE VALUE
CMU $ 3,000,000
Coatings/Paintings $ 2,000,000
Drywall/Insulation/Ceilings $ 5,000,000
Duct Bank $ 5,000,000
Floating Track Slab and Bearings $ 12,000,000
Flooring, Skylights, Ceilings, Millwork, Doors, Caulking $ 2,000,000
Glazing $ 3,000,000
Metal Siding/Roofing $ 5,000,000
Metal Wall Panets, Ceilings, and Roof $ 1,000,000
Misc Metals $ 2,000,000
Permanent Fencing $ 3,000,000
Poured in Place Retaining Walls $ 6,000,000
Stone Columns $ 1,000,000
Structural Concrete / Stations $ 3,000,000
Structural Steel/Ornamental Steel $ 15,000,000
Temp Walls & Barricades $ 1,000,000
Trucking $ 8,000,000
Utilities $ 15,000,000
Waterproofing - Furnish & Install $ 6,000,000
FUTURE SUBS TOTAL $ 98,000,000
SCOPE PACKAGE DESCRIPTION FOR EXISTING SUBCONTRACTORS ESTIMATED SCOPE VALUE
Misc Subcontracts - Project to Date $ 35,000,000
Aggregates, Including Ballast $ 12,000,000
Asphalt-Concrete Paving Sub $ 3,000,000
Cable Trench Trough $ 5,000,000
Concrete - Minor/Site $ 4,000,000
Concrete Material - Furnish $ 25,000,000
Concrete Piling, Furnish and Install $ 3,000,000
Design $ 45,000,000
Electrical and Systems $ 170,000,000
Fire Protection $ 3,000,000
Fuel $ 3,000,000
Furnish Track Material - Running Rail, Third Rail, Ties, Special Track… $ 25,000,000
Potholing $ 1,000,000
QC/QA $ 10,000,000
Rebar - Furnish and Install $ 40,000,000
Sheet Piles $ 14,000,000
Survey $ 3,000,000
SWPPP (Sweeper, Water Truck, Dewatering, etc) $ 3,000,000
ENGAGED SUBS TOTAL $ 305,000,000
13
4.2.a
DBE Subcontracts: Committed to Date
SCOPE OF WORK SUBCONTRACTOR / VENDOR Wayside Signs A Plus Signs, Inc. Asphalt Grinding ABSL Construction Voice and data, surveillance, communications AEKO Consulting - SSH TI Message and Arrow Boards All American Rentals 3rd Party Utility Design Review Alliance Engineering Consultants Noise and Vibration Monitoring - UPC Analysis & Solutions Consultants Security Guard Services Ani Private Security & Patrol Electrical Supplies for MCI FOC Relocation (CN#2) Azco Supply, Inc. Potholing Bess Testlab, Inc. Removal and Disposal of Underground Tank Burke Construction Concrete Pumping Services Cal-Con Pumping Fire Protection EMF Fire Protection First Responder Fire Protection Resilient and Concrete Tie JP and Concepts Staffing Services JLM Staffing Solutions Staffing Services Josephine Staffing Pile Fabrication Kus'tum Steel Distributor for Third Rail Package Lanier Steel Water Truck on Site Lavell Water Truck Services Pre-Con Survey Morgner Construction Management Street Sweeper MRB California Design Services for Wayside Stations NBA Quality Assurance Services Quality Engineering, Inc. Temp Fencing Oliveria Fence, Inc. Survey Rail Surveyors and Engineers, Inc. Janitorial S.J. General Building Maintenance, Inc. Water and Sweeper Truck Tri-Valley Water Truck Community Relations Officer VSCE,Inc
SCOPE OF WORK
LAN / TYLIN
Architecture/Stations Anil Verma Associates, Inc. Traffic Marks Traffic Data Services, Inc. Fire Protection NBA Engineers Geotechnical Parikh Consultants, Inc.
Engineering Consutlants Alliance Engineering Consultants (2nd tier to Anil)
Systems Colmena Engineering (2nd tier to LTK Eng)
Lead and Asbestos Work Kellco (2nd tier to ENGEO) Structural Engineering SOHA Engineers (1st tier to TYLin) Groundwater Model QC Todd Engineers Lab Testing Torrent (2nd tier to ENGEO)
TOTALS FOR LAN TY LIN SUBS TO DATE
ALDRIDGE / ROSENDIN JV
Install ground traction power building Bass Electric Pulling,Splicing,terminting and testing of AC & DC high voltage cables HI-Voltage Splicing Co, Inc.
TOTAL VALUE OF COMMITMENTS To DATE: $67M
4.2.a
Residential Noise Insulation Program
C750 C751 C752 C753
15
4.2.a
Residential Noise Insulation Program Contract Status
• 246 units in the program • Four construction contracts (Total estimated value: $3.5M)
C750 (49 units) – Verification of Measurements completed. C751 (65 units) – Board memo approved by the TP&O Committee. C752 (63 units) – 100% design completed. C753 (69 units) – 95% design completed.
16
4.2.a
Residential Noise Insulation Program Project Schedule
2011 2012 2013 2014 2015 2016 2017
RNIP Outreach
RNIP Design
RNIP Construction
Silicon Valley Berrysessa Extension Construction Activities
Heavy construction begins
17
4.2.a
Archeological Update
Penitencia Creek Site • Approximately 400 years old and occupied for
around 50 years. • Recovered 16 burials with funerary objects--shell
beads; cultural artifacts--bone tools, mortars, pestles; and features--hearths and pits.
18
Documentation and recovery of a pit feature
Great Mall Site • Approximately 3,000 to 5,000 years old. • To date, recovered 3 burials with
funerary objects--slate pendants, charmstones, ceremonial spear points, and an abalone shell.
Stone spear points; pendants; charmstones; pestles
4.2.a
Biological Update
Upper Penitencia Creek Restoration • Creek realignment complete • Wetland, riparian, and upland habitat
developing nicely • Wildlife returning to the site – fish
species, herons, egrets, ducks, Pacific lamprey (special status)
• Monitoring for steelhead begins in September
19
Burrowing Owls In Fremont • Pair of owls nested a few feet from UPRR
tracks near SVBX construction • Buffer zone established • 7 chicks hatched in June (5 shown in photo) • All chicks fledged by August
4.2.a
SVBX Budget
20
Period Jul-13
Report Date 23-Aug-13
Standard Cost Category Description Estimate1
(A)
Forecast @ Completion
(C)
Variance (D) = (C) – (A)
Incurred to Date
(E)
10 Guideway and Track Elements $ 416.1 $ 308.3 $ (107.80) $ 43.1
20 Stations , Stops , Terminals , & Intermodal $ 250.3 $ 259.2 $ 8.90 $ 7.6
30 Support Faci l i ties : Yards , Shops , Admin. Bldgs $ 46.5 $ 46.5 $ - $ 3.7
40 Si tework & Specia l Conditions $ 220.1 $ 231.2 $ 11.10 $ 33.1
50 Systems $ 260.7 $ 230.3 $ (30.40) $ 18.9
60 ROW, Land and Exis ting Improvements $ 261.0 $ 249.7 $ (11.30) $ 133.7
70 Vehicles $ 174.3 $ 158.0 $ (16.30) $ -
80 Profess ional Services $ 548.3 $ 548.3 $ - $ 319.8
90 Unal located Contingency $ 40.2 $ 186.0 $ 145.80 $ -
100 Finance Charges $ 112.5 $ 112.5 $ - $ -
Total New Starts Project $ 2,330.0 $ 2,330.0 $ (0.00) $ 559.9
Total Concurrent Non-New Starts Project Activities $ 91.3 $ 91.3 $ - $ 8.0
Total SVBX Project Cost $ 2,421.3 $ 2,421.3 $ (0.00) $ 567.9
Silicon Valley Berryessa Extension ProjectCost Report by Standard Cost Category
In Millions
1. Source: USDOT FTA - VTA Full Funding Grant Agreement CA-03-0818-00 of March 12, 2012
2. Totals may vary from the VTA cost account system (SAP) totals due to rounding
NEW STARTS PROJECT
CONCURRENT NON-NEW STARTS PROJECT ACTIVITIES
4.2.a
BART Silicon Valley Outreach
- Bernice Alaniz
21
4.2.a
22
Activity Year-to-Date
Project Communications and Outreach
Presentation/Representation at Local Events
52 Events/Meetings
Traffic Advisories and Construction Updates/Notices
19 Notifications
Mailers and Quarterly Project Newsletters
92,100 Residences and Businesses
Salesforce/Customer Records Management
29,100 Constituents
Door-to-Door Outreach Ongoing
Project Media
News Releases 6 distributed, generating 94 print articles and 226 broadcast mentions
Project Videos 6 produced with nearly 14,600 views on the project channel
Facebook/Twitter Ongoing presence with hundreds of likes and followers
4.2.a
Joint Media Event and Tour, June 26
Milpitas Community Meeting, June 19
23
4.2.a
Mission Warren Area Improvement Project Video http://www.youtube.com/watch?v=CU7bpiH5ALY
Launch of Project WebCam http://www.vta.org/bart/camviews.html
Major Feature Story in Silicon Valley Business Journal, June 26 http://www.bizjournals.com/sanjose/news/2013/06/26/bart-see-the-biggest-construction.html
24
4.2.a
Other Projects
- Carolyn Gonot
25
4.2.a
Montague Expressway Reconstruction Project
26
• Project partners - Santa Clara County, Santa Clara Valley Water District, City of Milpitas, and VTA
• VTA to manage and construct; Santa Clara County and Santa Clara Valley Water District to fund
• Project includes widening of Montague Expwy. and raising Montague Expwy. over Upper Berryessa Creek
• Accommodates future Upper Berryessa Creek Flood Control Project.
4.2.a
SVBX Curtis Park Mitigation/ Montague Pedestrian Overcrossing at BART Station
27
Curtis Park Mitigation
• VTA relocating UPRR freight tracks to clear sufficient right-of-way for BART
• Relocation requires acquisition of 20 foot strip (0.1 acre) from Curtis Park
• Acquisition environmentally cleared in SVBX Environmental Impact Statement
• As mitigation, VTA is preparing preliminary engineering for a pedestrian overcrossing over Montague Expressway at Milpitas BART Station.
• Included on VTA OBAG project list for final design and environmental clearance in the amount of $744,000
4.2.a
SVBX Curtis Park Mitigation/ Montague Pedestrian Overcrossing at BART Station
28
4.2.a
Upper Penitencia Creek Trail Connection
Trail Project Elements
• Top rated project on VTA OBAG project list
• 18-foot wide shared use trail
• Provision for equestrians/Bay Ridge Trail
• Full traffic signal on King Road
• Trailhead gateways
• Interpretive signs for UPC mitigation site
• CSJ and VTA owns required right-of-way
• Design 2013/14, construction planned 2015/16 with campus contracts
• Included on VTA OBAG project list in the amount of $1,514,000 for construction
29
CSJ Sample Trailhead Gateways
4.2.a
Upper Penitencia Creek Trail Connection Map
30
4.2.a
BART Coordination
- Dennis Ratcliffe
31
4.2.a
32
Key Activities
• SVBX Project - BART support through the phases of the extension - Implementation Letters related to reimbursing BART for costs incurred to support the project (Ongoing) - Amount authorized to date: $29 million • BART Supplied Equipment - Supply of select equipment/software for SVBX - Implementation Letters for cost reimbursement (Ongoing) - Amount authorized to date: $9 million • Hayward Maintenance Complex - Expansion of the existing facility necessary to support SVBX and elements of future SVRT extension - Side Agreement establishing the scope and cost share (Executed) - Implementation Letters for environmental clearance, engineering, right-of-way acquisition, and construction (Ongoing) - Expansion estimated to be $175 million and $17 million has been authorized to date
4.2.a
33
Key Activities
• Vehicle Procurement Agreement - Procurement of new rolling stock - Side Agreement for procurement, ownership and operation (Being finalized) - Implementation Letter for the procurement of 60 vehicles for SVBX (Draft) - Cost of vehicle procurement is estimated to be $215 million • Operations Control Center - Expansion/Replacement of BART’s existing Operation Control Center - Side Agreement defining VTA’s financial commitment (Future) • Core System Improvements - Capital improvements addressing SVRT system impacts on existing BART infrastructure - Implementation Letters defining VTA’s financial commitment (Future) • Operations and Maintenance Agreement - Side Agreement establishing the basis of proportional cost sharing for ongoing Operations and Maintenance costs (Future)
4.2.a
BART Silicon Valley Santa Clara Extension (SVSX)
- Carolyn Gonot
34
4.2.a
35
• Environmental Studies for BART Silicon Valley Santa Clara Extension (SVSX) initiated
- Scoping period to begin in Late-January with Notice of Intent in the Federal Register
- Public Circulation of Administrative Draft of environmental documents to begin in November 2014
- Preparation of final environmental documents to begin in 1Q2015
- Federal Record of Decision expected in Winter of 2015
• Preparation for entry into the Federal New Starts Program planned for 1Q2014
• FTA’s approval of VTA’s request for entry into New Starts anticipated in 3Q2014
Major SVSX Activities 4.2.a
12-Month Look Ahead
- Carolyn Gonot
36
4.2.a
37
Major Activities over next 12 months
• Substantially complete design by C700 Line, Track, Stations and Systems (LTSS) Contractor
• Turnover of the corridor north of Kato Road by C101 Mission, Warren, Truck-Rail Contractor to C700 LTSS Contractor
• Complete UPRR Industrial Lead Bridge at Piper Drive.
• Significantly progress trench construction at Montague and Hostetter
• Award parking structure contractor; contractor substantially complete design
• Significantly progress construction of Berryessa Aerial Structure and Station
• Complete the grade separation and open Warren Avenue to traffic
• Approve agreement on BART Operations Control Center cost share and funding
• Enter News Starts process for next phase of BART Silicon Valley extension
4.2.a
Date: September 17, 2013
Current Meeting: September 27, 2013
Board Meeting: September 27, 2013
BOARD MEMORANDUM
TO: Santa Clara Valley Transportation Authority
Board of Directors
THROUGH: General Manager, Michael T. Burns
FROM: Chief CMA Officer, Ristow, Chief Financial Officer, Smith
SUBJECT: Silicon Valley Express Lanes
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300
FOR INFORMATION ONLY
BACKGROUND:
At the December 2008 Board Meeting, Santa Clara Valley Transportation Authority (VTA)
Board of Directors approved the Silicon Valley Express Lanes Program. The Program has been
undertaken to provide long-term mobility benefits and to provide another funding stream for
transportation improvements. Specifically, the primary objectives of the Program are the
following:
1. Provide congestion relief through more effective use of existing roadways;
2. Provide commuters with a new mobility option; and
3. Provide a new funding source for transportation improvements including public transit.
At the December 2008 Board Meeting, the Board of Directors also directed staff to develop
funding plan options for the completion of the Program for future consideration. This
memorandum highlights the general approach planned to deliver and fund the Express Lanes
Program with details to be presented at the September 27, 2013 Board workshop.
DISCUSSION:
Following Board approval of the Silicon Valley Express Lanes Program, staff began
implementation following an incremental approach based on available funding to move project
phases forward. The implementation included US 101/SR 85 moving into an environmental
clearance phase and SR 237 into a full development, construction and operations phase.
As a result, the first phase of the SR 237 Express Lanes project that converted the carpool lane
direct connector ramps at the SR 237/I-880 interchange to Express Lanes operations (Attachment
A) as the first express lanes project implemented as part of the Program. The opening of this
project on March 20, 2012 represents the first major milestone in delivery of the Silicon Valley
4.3
Page 2 of 4
Express Lanes Program. The $11.8 million project was funded from $3.5 million American
Recovery and Reinvestment Act (ARRA), $4 million Federal Value Pricing Pilot Program
(VPPP) and $4.3 million of local funding. The project has been a success by providing both a
new option for solo drivers to improve travel times up to 15 minutes in the corridor and has
revenues exceeding expenses. The project has also been recognized by both the California
Transportation Foundation (CTF) and the Institute of Transportation Engineers (ITE) as “Project
of the Year" for 2012.
The implementation of this initial Express Lanes project reflects the characteristics of the
Program implementation to date: incremental delivery, VTA to maintain control of the
operations and taking steps to minimize financial risk. The result has been a project that has
been able to produce travel time benefits to commuters while generating revenues that exceed its
day-to-day operational costs. The recommended approach is to continue the incremental
implementation for the remaining corridors on US 101/SR 85.
The incremental approach includes the ongoing work to complete environmental clearance for
the US 101/SR 85 and SR 237 Corridors. This includes extending Express Lane operations for
SR 237 west to near Mathilda Avenue in the City of Sunnyvale, conversion of US 101 carpool
lanes to express lanes operations (about 34 miles between the City of Morgan Hill and the City
of Palo Alto) and the same for SR 85 (about 24 miles along its entire length from the southern
reaches of the City of San Jose to the City of Mountain View).
The remainder of this memorandum provides information on how the ongoing Express Lanes
work on SR 237, US 101 and SR 85 can be delivered.
Silicon Valley Express Lanes Program Delivery Considerations
As previously described in this memorandum, to date the Program has taken an incremental
approach for delivery of Express Lanes in Santa Clara County. The plan moving forward is to
remain consistent with such an incremental approach and is proposed to build upon the
following:
Use Traditional Design-Bid-Build Approach. This is the most common approach for delivery
of highway projects. In recent informational memorandums, alternative delivery methods have
been shared as possible options. However, methods such as design-build or those that involve a
public-private partnership could require the passage of legislation or the resolution of other
issues not in VTA's control for these approaches to be feasible. The Express Lane system
improvements can be built incrementally by designing and building the system segment-by-
segment based on available funding/financing and highest travel benefits to motorists.
VTA Board Retains Control of the Program and the Delivery Process. A key working
assumption is that operational control of the Program would remain with VTA. This means that
decisions related to funding and delivery of the Program and risks related to delivery of the
Program would essentially remain with VTA. Particularly when it comes to the construction of
the Express Lanes improvements, the financial risks would be different than those related to
capital projects funded through a transit sales tax measure. It would also mean that VTA and the
4.3
Page 3 of 4
Santa Clara County transportation system also stands to benefit from the improved travel option
and potentially positive revenue generated by the system.
Design Incrementally Using Funds from Grants and/or Fund Exchanges. In 2014,
environmental clearance is expected for US 101/SR 85 and SR 237 (Phase 2) Express Lanes.
The preliminary engineering that is being completed in support of the environmental clearance
work will also provide cost estimates for future phases of these improvements. On the basis of
this information, the proposal is to start final design work for SR 237 (Phase 2) and for a
segment of the US 101/SR 85 Express Lanes. The estimated design development cost for the
initial incremental portion of the Program is estimated to be $20 million. Final design
development for remaining segments of the US101/ SR 85 Corridors is estimated at an additional
$30 million.
Fund Exchange for Design/Development: Provide design/development funds through VTA
controlled processes and sources. The recommended approach is to utilize the same
STIP/Measure A fund exchange employed in 2006 and 2007 which provided flexible funds to
compete the $190 million Proposition 1B highway projects on I-880, US 101, I-280/880 Stevens
Creek interchange in San Jose, Mountain View and Palo Alto. The fund exchange allows VTA to
maintain control over the process and provide flexible funding which can be used now to
advance the projects in the final design development phase.
Construct Incrementally Using a Variety of Funds. The total estimated cost for construction
for US 101/SR 85 and SR 237 (Phase 2) Express Lanes is $600 million. As each segment is
designed, each incremental segment would move forward for construction. The improvements
could be constructed in multiple segments. The underlying challenge that VTA has in moving
the Program forward is that the VTA Highway Program does not have a dedicated local source
of revenue similar to the dedicated sales tax source that VTA Transit Program utilizes. As a
result, the funding would come from a combination of toll revenue bonds, federal loans and local
sources as needed. The exact composition of the funding will vary based on construction cost
bids, projected toll revenues, bond market conditions and VTA risk tolerance. The following are
examples of the multiple components needed for funding sources:
VTA Obtained Contributions: The SR 237 express lanes in operation received federal
grants. Other possible sources already mentioned are STIP funds.
Senior Revenue Bonds: Long -term tax exempt bonds backed by future traffic and
revenue forecasts from express lanes.
Subordinated Debt: The Transportation Infrastructure Finance and Innovation Act of
1998 (TIFIA) established a federal program under which transportation authorities can
borrow directly from or use the credit of the U.S. Treasury to finance up to 49% of the
cost of major transportation projects.
Public Contributions: Third party funding consisting of Federal grants, local grants and
third party loans.
4.3
Page 4 of 4
Credit Enhancement: Credit enhancement in the form of bond insurance that would
lower interest expense and increase financial feasibility.
Next Steps
There are two next actions for the VTA Board of Directors to consider:
November 7, 2013, VTA Board of Directors meeting:
Approval of STIP programming for FY 2014 combined with the Measure A fund
exchange of STIP funds for the Express Lanes Program to undertake design/development
Approval of existing Local Program Reserve funds for Express Lanes Program
design/development effort also at the November 2013 meeting.
Staff to return with recommended phasing of the Express Lanes segment in spring 2014
Prepared By: Murali Ramanujam, Casey Emoto, Joseph Smith and John Ristow
Memo No. 4191
4.3
4.3.a
1August 2013
Silicon Valley Express Lanes Program
Board Workshop
September 27, 2013
4.3.b
2
Agenda
Background on Silicon Valley Express Lanes
Funding
Next Steps
4.3.b
3
How we got here…
Legislative Approvals AB 2032 (2004)
AB 574 (2007)
AB 1105 (2011)
Equity Study (2004)
VTA Feasibility Study (2005)
External communication and outreach
4.3.b
4
Approved Silicon Valley Express
Lanes Program
2008 VTA Board
approval: Implementation of Express
Lanes on US 101/SR 85 and
SR 237 corridors
Directed staff to return with
funding options to complete
Express Lanes Program
4.3.b
5
4.3.b
6
Proceeded with incremental implementation
based on funding availability.
I-680 EL opened for tolling in September 2010
Proceeded to develop SR 237 EL using lessons
learned from I-680 EL
Opened SR 237 Express Lanes (Phase 1) for tolling
(March 2012)
Initiated environmental clearance process for:
– US 101/SR 85 Express Lanes (Spring 2009)
– SR 237 Express Lanes Phase 2 (Fall 2012)
Implementation Actions
(2008-2013)
4.3.b
7
Award winning SR 237
Express Lanes project
Project cost $11.8 million
FY 2013 gross revenue
$1.05 million
Travel time savings up to
15 minutes
Experience operating
Express Lanes
Where are we now?
4.3.b
8
Increased Traffic Congestion
in the Bay Area
I-280 - US 101 junction in downtown San Jose. (Mercury News)
San Jose area traffic
congestion increased
25% between April 2012
and April 2013.(Source: INRIX National Traffic
Scorecard)
4.3.b
9
Congestion Levels in Silicon Valley
AM Peak Hour PM Peak Hour
Source: Caltrans PeMs
Speed < 35 mph
4.3.b
10
Silicon Valley 2040 Forecasts
Population Jobs Freeway Capacity
Source: VTP 2040
4.3.b
11
Existing Challenges
Highly urbanized
corridor with limited
room to widen.
Increased employment
and population growth
will increase demand.
No dedicated local
funding for highways
similar to dedicated sales
tax for transit.
4.3.b
12
So why Express Lanes?
Essential tool to
manage traffic demand
Provides a reliable
commute option with
travel time reliability
Source of funding for
improvements
including transit
4.3.b
13
A Core Element of Long-Term
Countywide Plan
VTP 2040 identifies EL projects on
all highways in Santa Clara County
Near term:
SR 237, US 101, SR 85
Long term:
I-280, I-880, I-680, SR 87, SR 17
Revenues from Express Lanes to
support transit operations and capital
highway improvements
4.3.b
14
Potential Finance and Delivery
Options
Degree of Private Sector Involvement
Deg
ree o
f P
rivate
Secto
r R
isk
Design-Build
Contracting Out Operations / Maintenance
Design-Build Operate and/or Maintain
Design-Build-Finance-Operate – Availability Payments
Design-Build-Finance-Operate – Shadow Tolling/Fares
Design-Build-Finance-Operate – Real Toll/Fares
Conventional
Model
PPP Models
Alternative
Delivery
Public
Funding
Design-Bid-Build
4.3.b
15
Total SVEL miles - 66
US 101 - 34 miles
SR 85 - 24 miles
SR 237 (Phase 2) - 5 miles
Total Cost - $600 million
US 101 - $415 million
SR 85 - $170 million
SR 237 - $15 million
4.3.b
16
Funding Approach
Two-step funding approach
Step 1: Fund design/development of project
Step 2: Finance construction costs
4.3.b
17
Design/Development Funding
Purpose: Complete design and prepare
investment grade Traffic & Revenue study
needed for financing of construction.
Approach:
1. Program STIP funds to Measure A project
2. Use Measure A funds to advance design/development
VTA Risk Exposure: Potential that construction
does not occur
4.3.b
18
Purpose: Fund remaining design and construction,
capitalized interest, reserves.
Multiple Components
Senior Revenue Bonds – Long-term tax exempt revenue
bonds backed by forecast revenues from express lanes
Subordinated Debt – e.g., Federal TIFIA loan or public
market alternatives
Public Contributions – Federal, state, local grants and/or
loans
Construction Funding
4.3.b
19
Exact composition will depend on several factors:
Construction cost bids (design, technology and
construction environment)
Projected revenues from Traffic & Revenue Study
- Traffic volumes, toll rates, HOV-2+ vs. HOV-3+,
technology/violation levels
Bond market (interest rates, investor appetite)
VTA risk tolerance (debt structure, lower rating, etc.)
Construction Funding (Contd.)
4.3.b
20
Different Funding Approach
Funding approach for Express Lanes differs from VTA’s
traditional approach to financing transit projects
Sales Tax Bonds SVEL Financing
Issuing Entity VTA Special Purpose Vehicle
Security Existing revenues from broad
based sales tax
Projected revenues forecast
for express lanes
Rating AA to AAA ratings BBB category
Debt Structure Level Ascending/growth dependent
Risks Sales tax revenue declineConstruction; forecast
revenues do not materialize
Rate Covenant No Yes
Need for Interim Funding No Yes
Need for Equity/Sub. Debt No Yes
4.3.b
21
Sales Tax Bonds vs. Express Lanes Finance
0
50
100
150
200
250
300
350
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
Millio
ns
Measure A Debt Service
0
50
100
150
200
250
300
350
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
Millio
ns
Express Lane Aggregate Debt Service
Projected Express Lane Net Revenue
Santa Clara VTA’s 2000 Measure A Sales Tax Revenue Bond Debt Profile
Projected Silicon Valley Express Lanes Debt Profile
Level debt service & demonstrated revenues
Level debt service over the
life of the bonds
Financing based upon
historical sales tax revenue
Minimum debt service
coverage exceeds 2.0x
Ascending debt service tracks
forecasted growth in revenue
Revenue projection based
upon T&R study forecast, no
track record
Minimum debt service
coverage at 1.5x or lower
While riskier, project financing is a
well accepted funding approach
for Express Lanes
4.3.b
22
Preliminary Financing Analysis
(US 101)
US 101 – HOV 2+ US 101 – HOV3+
Sources
Senior Debt (Toll Revenue Bonds) - CIBS1
$89,000,000
Senior Debt (Toll Revenue Bonds) - CABS2
$82,000,000
TIFIA $155,000,000
Third Party $50,000,000
Funding Gap $81,000,000
Total Sources $457,000,000
Uses
Capital Costs $415,000,000
Capitalized Interest $23,000,000
Debt Service Reserve Fund $17,500,000
Financing Costs and Reserves $1,500,000
Total Uses $457,000,000
Sources
Senior Debt (Toll Revenue Bonds) - CIBS1
$182,000,000
Senior Debt (Toll Revenue Bonds) - CABS2
$182,000,000
TIFIA $136,000,000
Funding Gap $0
Total Sources $500,000,000
Uses
Capital Costs $415,000,000
Capitalized Interest $45,500,000
Debt Service Reserve Fund $36,000,000
Financing Costs and Reserves $3,500,000
Total Uses $500,000,000
1 “CIBS” = Current Interest Bonds2 “CABS” = Capital Appreciation Bonds
Assumes capital costs as of July 2013, T&R projections as of August 2013 for HOV2+ and T&R projections as of March 2012 for HOV3+
4.3.b
23
Preliminary Financing Analysis
(SR 85)
Sources
Senior Debt (Toll Revenue Bonds) - CIBS1
$14,500,000
Senior Debt (Toll Revenue Bonds) - CABS2
$14,500,000
TIFIA $44,000,000
Third Party $50,000,000
Funding Gap $52,000,000
Total Sources $175,000,000
Uses
Capital Costs $170,000,000
Capitalized Interest $2,000,000
Debt Service Reserve Fund $2,800,000
Financing Costs and Reserves $200,000
Total Uses $175,000,000
Sources
Senior Debt (Toll Revenue Bonds) - CIBS1
$39,000,000
Senior Debt (Toll Revenue Bonds) - CABS2
$34,000,000
TIFIA $68,000,000
Third Party $44,000,000
Funding Gap $0
Total Sources $185,000,000
Uses
Capital Costs $170,000,000
Capitalized Interest $7,000,000
Debt Service Reserve Fund $7,500,000
Financing Costs and Reserves $500,000
Total Uses $185,000,000
SR 85 – HOV 2+ SR 85 – HOV3+
1 “CIBS” = Current Interest Bonds2 “CABS” = Capital Appreciation Bonds
Assumes capital costs as of August 2013 and T&R projections as of March 2012
4.3.b
24
Program $12.5 million of 2014 STIP to
Measure A project
Authorize use of $12.5 million Measure A
fund to advance design/development
Authorize $4.5 million from existing Local
Program Reserves to design/development
Proposed Funding Plan for
Design/Development
4.3.b
25
Estimated STIP & Measure A
Allocations
STIP CycleEstimated
Total Available
Amount to
Express Lanes
Development
Year
ProgrammedProject
2014 $19 M $12.5 M 18 / 19 SVSX
2016 $35 M $15 M 20 / 21 SVSX
2018 $40 M $20 M 22 / 23 SVSX
4.3.b
26
Advance Measure A funds and payback
using STIP Maintain control
Minimize external financing
Advance delivery of revenue generation projects
Build express lanes improvements
incrementally
Use design-bid-build project delivery
Proposed Project Delivery
Approach
4.3.b
27
November 2013:
Approve STIP programming for FY 2014
Approve Measure A swap funds for allocation of future STIP
funds to Measure A project
Approve Local Program Reserve fund for Express Lanes Program
Spring 2014: Approve recommended phasing of Express
Lanes segments
What is the timeline?
4.3.b
28
www.siliconvalleyexpresslanes.org
www.vta.org/expresslanes
Thank You!
4.3.b
Date: September 11, 2013
Current Meeting: September 27, 2013
Board Meeting: April 26, 2013
BOARD MEMORANDUM
TO: Santa Clara Valley Transportation Authority
Board of Directors
THROUGH: N/A
FROM: General Counsel Robert R Fabela
SUBJECT: Public Employee Pension Reform Act Update
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300
FOR INFORMATION ONLY
BACKGROUND:
On September 12, 2012, the Governor signed into law the Public Employee Pension Reform Act
(“PEPRA”). Intended to help in the state’s efforts to curb long term pension costs, PEPRA
generally restricts current pension provisions while mandating certain rules for
employee/employer cost sharing.
The law establishes new retirement formulas that cannot be exceeded by a public employer
offering a defined benefit pension plan, setting the maximum benefit allowable for employees
first hired on or after January 1, 2013. PEPRA also sets standards for pension plan contributions
by new employees, and limits the amount that public employers can contribute on behalf of their
new employees.
DISCUSSION:
Although charter cities and counties that do not participate in a retirement system governed by
state statute are exempt from PEPRA’s provisions, special districts and transit agencies like the
VTA are not. Thus, the VTA has been subject to PEPRA since its effective date of January 1,
2013.
The provisions of PEPRA are lengthy and complex. The manner in which the law should be
interpreted has been the subject of much discourse by public agencies and pension professionals.
In addition, the federal Department of Labor has delayed or blocked federal transit grants from
being distributed to transit agencies throughout California (including the VTA), asserting that
PEPRA infringes on transit employees’ collective bargaining rights.
5.1.a
Page 2 of 2
In light of the many questions surrounding PEPRA, the General Counsel and VTA staff will
present a verbal summary of PEPRA, the challenges it presents, and the latest legislative
developments intended to address some of these issues.
Prepared By: Robert Fabela
Memo No. 3809
5.1.a