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LWV League of Women Voters of California Education Fund
Smart Voter
Santa Clara County, CA November 4, 2008 Election
Measure D
Valley Transportation Authority Ordinance
County of Santa Clara

Ordinance Amendment - Majority Vote Required

Pass: 337,182 / 63.94% Yes votes ...... 190,181 / 36.06% No votes

See Also: Index of all Measures

Results as of Nov 25 11:10am, 100.0% of Precincts Reporting (1,142/1,142)
Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Full Text

Shall the following ordinance be enacted? The ordinance adopted by the people of the Santa Clara Valley Transportation Authority on March 2, 1976 (Measure B) and amended by the voters at the November 6, 1990 election, shall be further amended to read as follows: "It shall be the policy of the Santa Clara Valley Transportation Authority to submit to the 2000 Measure A Citizen's Watchdog Committee every 6 years a comprehensive transit program for review and comment."
YES
NO

Meaning of Voting Yes/No
A YES vote on this measure means:
A "yes" vote is a vote to eliminate the requirement that VTA seek an advisory vote on its comprehensive transit program every six years and replace it with the requirement that the Citizens' Watchdog Committee review and comment on the comprehensive transit program every six years.

A NO vote on this measure means:
A "no" vote is a vote not to eliminate the requirement that VTA seek an advisory vote on its comprehensive transit program every six years and is a vote not to replace the advisory vote with the requirement that the Citizens' Watchdog Committee review and comment on the comprehensive transit program every six years.

Impartial Analysis from the County Counsel
In 1976, voters passed a law, subsequently amended in 1990, that requires the Board of Directors of the Santa Clara Valley Transportation Authority (VTA) to submit its comprehensive transit program to County voters for an advisory vote every six years. These advisory votes are not binding on the VTA, but serve to provide the VTA with important information about the voters' preferences on the proposed transit program.

In 2000, voters approved "Measure A," creating a Citizens' Watchdog Committee to review annual reports and ensure VTA was spending the tax authorized by Measure A on the projects included in that measure.

VTA proposes eliminating the requirement that it hold an advisory vote on its comprehensive transit program every six years. In its place, VTA proposes requiring that it submit its comprehensive transit program to the Citizens' Watchdog Committee every six years for review and comment.

A "yes" vote is a vote to eliminate the requirement that VTA seek an advisory vote on its comprehensive transit program every six years and replace it with the requirement that the Citizens' Watchdog Committee review and comment on the comprehensive transit program every six years.

A "no" vote is a vote not to eliminate the requirement that VTA seek an advisory vote on its comprehensive transit program every six years and is a vote not to replace the advisory vote with the requirement that the Citizens' Watchdog Committee review and comment on the comprehensive transit program every six years.

Ann Miller Ravel
County Counsel
By: /s/ Susan Swain
Lead Deputy County Counsel

  Official Information

Santa Clara Valley Transportation Authority
Nonpartisan Information

League of Women Voters

News and Analysis

Google News Search

Partisan Information

Official No on D website

Official No on D website
Measure D is the last of three measures placed on the November ballot by the VTA. A "yes" vote on Measure D takes away the public's right to vote on VTA's plans.
Official Version of Ballot Measure

N. B. The information about the Measure may contain errors from retyping. The official version may be obtained from the Registrar of Voters.
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Arguments For Measure D Arguments Against Measure D
Vote YES on Measure D for More Effective Oversight

The Santa Clara Valley Transportation Authority (VTA) is required by Ordinance, to place an advisory measure regarding a comprehensive transit program on the ballot every six years. Because the cost for placing measures of this type on the ballot is becoming increasingly costly, the VTA Board of Directors recommends a more economical and effective way to meet this advisory vote requirement.

This advisory vote requirement was designed to give public feedback on VTA's Transit Program. Recent ballot measures call for the use of a Citizens Watchdog Committee to fulfill this kind of duty. VTA uses a Citizens Watchdog Committee to oversee the current 2000 Measure A program. Committee members are citizens, not elected officials, and cannot hold elective office while on the committee.

A YES vote on Measure D will enable VTA to:

  • Use the current Citizens Watchdog Committee to advise on the Transit Program.
  • Eliminate a costly ballot measure every six years.
  • Create a more effective process to receive regular input on local transportation priorities.
This measure does not increase taxes. It simply replaces the extremely costly advisory measure process with a more cost effective and efficient method.

/s/ Jane P. Kennedy
Former Chair, VTA
/s/ Joe Pirzynski
Former Chair, VTA
/s/ Charlotte B. Powers
Former Chair, VTA

Rebuttal to Arguments For
None of VTA's Measure D arguments hold up.

Use the current Watchdog Committee?
VTA is already supposed to seek those members' review and comment. VTA's "Watchdog Committee" and its "Citizens Advisory Committee" are the same people!

Too costly?
VTA has three measures on this ballot. If VTA can afford three measures in one election, they can certainly afford one measure every six years. This measure removes voters' right to have their say, and fails to add any new way for VTA to receive public input.

More effective process?
VTA's proposed "new process" uses an existing, largely ignored advisory committee. A Grand Jury report and two outside audits have concluded that VTA often ignores the opinion of its advisory committees. VTA didn't even tell the Watchdog Committee about this measure before they placed it on the ballot.

Is VTA interested in reform?
VTA refused to implement Grand Jury recommendations. VTA's board did not discuss the 2007 MTC Triennial Audit, which raised concerns about VTA operations. The State Auditor wrote twice that "VTA misinterprets our report findings."

Are watchdogs as effective as your vote?
Watchdogs have bark but no bite. They're appointed and can be ignored by the VTA board. Watchdog comments are not the same as a public vote. VTA needs more sunshine, not less. Only the public has the clout to legally hold VTA accountable.

VTA's plan defines how they will spend our money. Don't give up your right to vote on it.

Vote NO on Measure D.

/s/ Martin B. Schulter
Member and Former Chair, 2000 Measure A Citizens Watchdog Committee/VTA Citizens Advisory Committee
/s/ Stephen Blaylock
Member, 2000 Measure A Citizens Watchdog Committee
/s/ Joyce Crick-Baker
Former Member, 1996 Measure B Citizens Watchdog Committee /s/ Bruce C. Jenkins
Former Member, 1996 Measure B Citizens Watchdog Committee /s/ Jim Stallman
Former Member, 1996 Measure A Citizens Watchdog Committee; Former President, Silicon Valley Bicycle Coalition

The Valley Transportation Authority (VTA) wants you to give up your right to vote on VTA plans. Why? They say it's expensive, that up until now you've always approved their plans, so it's not a useful investment. We disagree.

Citizen oversight of government is crucial. The cost of an election every six years is a small price to pay; saving election costs certainly won't solve VTA's financial problems. Those costs affect every public agency. Imagine: doing away with elections to save money?

These advisory votes are one of the only methods you have to hold the VTA board directly accountable since the VTA board is appointed, not directly elected.

Instead of voter oversight at the ballot box, VTA suggests review by the "2000 Measure A Watchdog Committee". That committee is composed entirely of Citizens Advisory Committee (CAC) members appointed by VTA. The CAC is already supposed to review and comment on VTA's plans.

Three independent groups-the Santa Clara Civil Grand Jury, the HayGroup Assessment commissioned by VTA, and July 2008 State audit-all found that VTA often treats its advisory committees like rubber stamps.

The HayGroup found that "Committees do not have an opportunity to consider policies and plans in the early stages of their development."

The state Auditor agreed, and noted, "The former chair of the citizens advisory committee explained to us that it is all too typical of VTA and the board to approach the advisory committees when it is effectively too late for the committees to influence outcomes."

For example, VTA didn't inform the Watchdog Committee of its plans to place this measure on the ballot.

When voters approved previous tax measures, the agreement was that they'd have the ability to vote on the implementation plans.

Keep this right. Vote No on D.

/s/ Ellen Fletcher
Member, 2000 Measure A Citizens Watchdog Committee; Former Palo Alto City Councilmember; Former Member, County of Santa Clara Transportation Committee
/s/ Don Burnett
Former Member, 2000 Measure A Citizens Watchdog Committee; Former Cupertino City Councilmember
/s/ Margaret Okuzumi
Member, 2000 Measure A Citizens Watchdog Committee
/s/ David R. Fadness
Former Vice-Chair, 1996 Measure B Citizens Watchdog Committee
/s/ Patrick Moore
Former Member, 1996 Measure B Citizens Watchdog Committee

Rebuttal to Arguments Against
Opponents of Measure D don't want a more effective and efficient VTA. They want you to believe a non-binding vote every six years represents effective oversight. There are over 350 projects in the transportation plan valued at over $17 billion. Our transportation projects deserve more oversight than they want you to have. Measure D provides that oversight.

All the projects in this plan were promoted by local cities, Caltrans, Caltrain or the VTA. The plan is reviewed and approved locally and regionally. No local organization has done a better job of delivering transportation projects on time and on budget than VTA. One of the key ways of accomplishing this is through the insight and feedback from citizens of our community on a regular and ongoing basis.

VTA's Citizens Watchdog Committee currently audits and advises on the 2000 Measure A projects every year. Under Measure D, they will review the entire transit plan. Members of this committee come from all over the county and cannot hold elective office. They have the time and interest to study the issues and make meaningful recommendations.

Opponents want to mislead you. The Bureau of State Audits actually said, "We did not assert that VTA neglects constituency input..." We suggest you read it for yourself at http://www.bsa.ca.gov/pdfs/reports/2007-129.pdf on page 81.

Opponents want you to continue this wasteful and inefficient advisory ballot. Our community deserves better.

Vote Yes on Measure D for more effective and efficient program oversight.

/s/ Donald F. Gage
Santa Clara County Supervisor; VTA Board Member
/s/ Joe Pirzynski
Former Chair, VTA
/s/ Charlotte B. Powers
Former Chair, VTA

Full Text of Measure D
"The people of the Santa Clara Valley Transportation Authority ordain as follows:

"The ordinance adopted by the people of the Santa Clara Valley Transportation Authority on March 2, 1976 (Measure B) and amended by the voters at the November 6, 1990 election, shall be further amended to read as follows:

"It shall be the policy of the Santa Clara Valley Transportation Authority to submit to the 2000 Measure A Citizen's Watchdog Committee every 6 years a comprehensive transit program for review and comment."

VOTING FOR THIS MEASURE DOES NOT INCREASE TAXES. This program will be carried out according to the provisions of the state statutes enabling the creation of the Santa Clara Valley Transportation Authority in 1995.


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Created: January 24, 2009 10:38 PST
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