Change in motion or more of the same

It is typical for MTC to raise big expectations but then only end up to be more of the same. The so call "Change in Motion" of T2035 is simply another plan to protect funding for highway expansions, commit uncertain funding for the otherwise financial unsustainable BART project, and not address the funding shortfall for everyday transit operations.

MTC is actually quite honest about their move to allocate uncertain and yet-to-be-legislated high occupancy toll lane revenue for the BART project as a way to defraud transit riders and taxpayers in the future:

MTC Executive Director Steve Heminger acknowledged the commission was moving ahead before they had legislation, but saw no problem with it. "I would consider the issue that is before you today in the plan and the placement of the $2B as a placeholder, which is subject to change and probably will change. I will acknowledge that we are jumping the gun to some extent. But I think that's a reasonable planning assumption to make and I don't think it has to prejudice this process. We need to make some kind of commitments now, at least on a provisional basis."

By making this move, MTC is signaling VTA that it is okay for VTA to continue spending money on consultants. When the project becomes "shrovel ready," MTC would then cut other transit projects to make up the actual funding shortfall. For instance, the Warm Springs extension has been on the past RTPs for years because MTC assumed the project would be funded by surplus passenger revenue from the SFO extension. When ridership fell below MTC's expectation and that funding got evaporated, MTC made San Mateo County pay for construction anyway by defunding the Dumbarton Rail project.

MTC and VTA want everyone to believe that they're "surprised" by this economic crisis and that somehow through this plan they don't need to ask for more tax dollars or transit cuts. However their history shows otherwise. Since 2001, they have been trying to make the BART project appear affordable. When they got some money, they would spend more than what they have so they can extort us for more money later by raising taxes and cutting transit projects.

Meanwhile MTC has gotten the justification to expand highways (HOT lanes) and that somehow widening more highways would mean less pollution and less dependence on automobiles.

VTA says it can afford BART to Milpitas without federal funds

In response to the lawsuit filed by TRANSDEF over funding for the Warm Springs extension, VTA submitted documents stating that VTA can afford to build BART from Warm Springs to Milpitas without the use of federal funds. 

TRANSDEF sued Alameda County Transportation Improvement Authority for illegally allocating local sales tax funds for the Warm Springs project because the local sales tax funding for Warm Springs requires a rail connection to Santa Clara County to be "fully funded." In January, VTA board approved a "full funding" plan for an extension to the Flea Market. However that "full funding" plan assumes $750 million from the federal government, which VTA has yet to apply for, and which the funding is not certain.

VTA staff submitted documents in an attempt to justify the project's "fully funded" status. However that document is not a VTA's board approved policy.

According to the document, the extension to Milpitas costs $1.7 billion. After that project along with a few others, VTA would be left with $720 million (in 2007 dollars) in the 2000 Measure A program.

Also according to the recently released EIS for the project, the total cost from Fremont to Berryessa costs $2.49 billion, which translate to a difference of $738 million for portion between Milpitas and Berryessa. In other words, VTA could afford to build to Berryessa if it wants to without federal funds, and that federal funds would actually be meant to go one more stop beyond Milpitas.

Although VTA could proceed without federal funds, VTA would want those funds anyway so they can start collecting the 1/8 cent Measure B sales tax. Last year's Measure B required matching funds from the federal government to start. Even with the federal funds, VTA cannot afford to build the line through downtown, which would cost an additional $4 billion.

The $1.7 billion project, although affordable, is still way overpriced. The line basically costs more than $300 million per mile, which is five times more expensive than Vasona light rail, the last VTA-built project completed in 2005. Despite the much higher cost, the proposed project would be built largely at grade adjacent to an existing freight track like the Vasona line. In addition, the project is also more expensive per mile than the last BART extension to SFO, which is mostly underground.

Furthermore, the difference in cost for going 3 miles from Milpitas to Berryessa could help pay for light rail extension to Eastridge, Caltrain electrification, and possibly light rail along Santa Clara Street.

Transit advocates do not favor BART because of its unreasonably high cost, and this document clearly shows the trade off. Alternatives exist that would provide the same if not better level of service at a much lower cost, but these brand-obsessed delusionals just couldn't get it.

Lawsuit against bait and switch politics

Last week TRANSDEF filed a lawsuit against MTC and Alameda County Transportation Improvement Authority for approving funding for the Warm Springs BART project.

The suit against MTC involves the redirection of bridge toll funds from the Dumbarton Rail project to the Warm Springs project. The Warm Springs project experienced funding shortfall for years as the project relied on the surplus fare revenue from the SFO extension, which never realized. TRANSDEF argues that it is illegal to switch funds because Regional Measure 2 (the bridge toll voters approved in 2004 to support these projects) allows funding switch between projects only within the same corridor, which Dumbarton Rail and Warm Springs BART are not.

The suit against ACTIA involves the allocation of local sales tax money for the Warm Springs project. Under the sales tax language approved by voters in 2000, ACTIA could not authorize funds for Warm Springs until funding is assured for a rail connection to Santa Clara County. ACTIA earlier approved local funding for the project after the VTA board passed a "full-funding plan" for the BART line to the Flea Market in January. However, that plan assumes federal new starts funds of $750 million, which VTA has yet to apply for, and which the funding is not guaranteed.

MTC and ACTIA might have approved funds out of convenience, considering that BART plans to put the tunnel construction under Lake Elizabeth out to bid soon. However, MTC and ACTIA also broke faith with voters by ignoring the voter-approved language that established the tax and the toll. V Smoothe at A Better Oakland says it best: 

If the government wants to spend money as they please, then they shouldn’t write specific restrictions on expenditures into their ballot measures in the first place. It doesn’t matter if most people have no idea what they’re voting for - if a measure up for voter approval includes specific language about how the revenue generated from it will be spent, then it doesn’t matter if everyone who casts a yes vote or one person casting a yes vote read the fine print - a promise is a promise. Fully funded means fully funded. Not, hopefully fully funded at some point in the future.

More often than not, transportation and other taxes are successful at the ballot box because of the political deals reached to ensure broad consensus. The 2000 Alameda County tax and RM2 bridge toll are results of such compromises. It is important that these deal be upheld to ensure rule of law and a fair and open political process in the future.