HomeMy WebLinkAbout03/18/2003, C7 - MEMORANDUM OF UNDERSTANDING (MOU) WITH TRANSIT OPERATORS IN THE SAN LUIS OBISPO URBANIZED AREA council °° ��oa
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C I T Y OF SAN LUIS OBISPO
FROM: Michael McCluskey,Director of Public Works
Prepared By: Terry Sanville,Principal Transportation Planner t5
SUBJECT: MEMORANDUM OF UNDERSTANDING (MOU) WITH TRANSIT
OPERATORS IN THE SAN LUIS OBISPO URBANIZED AREA
CAO RECOMMENDATION
By motion, direct, the Mayor to sign a Memorandum of Understanding
(MOU) with the San Luis Obispo Regional Transit Authority and the San
Luis Obispo Council of Governments regarding the planning and
programming of federally funded transit service.
DISCUSSION
A. Background
The results of the 1990 Federal Decennial Census established San Luis Obispo and its surroundings
as an "Urbanized Area." This designation provides Federal Transit Administration (FTA) funding
for transit service within the Urbanized Area Over the past decade the City has successfully
managed the programming of these funds and has annually prepared a ".Program of Projects" or
POP as required by federal law. However, the current process does not involve other transit
operators that are eligible for FTA funding — namely the San Luis Obispo Regional Transit
Authority.
As the responsible coordinating agency, SLOCOG is required by federal law to develop agreements
with transit operators within urbanized areas that establish the planning and budgeting process for
use of federal transit funds. In October 2002 SLOCOG staff proposed an agreement to satisfy these
requirements. Since then, City and SLOCOG staffs have been negotiating the agreement's terms.
City staff believes that the resultant agreement (Attachment 1) satisfies federal requirements, is
equitable for all parties, and protects the City's best.interests.
B. Key Features of the MOU
City, SLOCOG and Regional Transit staffs cooperatively developed the draft MOU to include:
I. Programming Criteria (Section 4.I) that will be used'to establish funding priorities. It is
important to note that"Maintenance of existing service levels"is the first criterion listed.
2. A Programming Process (Section 4.3 and 4.4), that involves transit operators, the public,
and interested organizations, would be employed each year to develop the POP, with the
SLOCOG Board making the final decision to accept(or reject)the POP.
3. A Technical Committee (Section 4.5 a) with City and regional transit voting members and
SLOCOG and Air Pollution Control District ex-officio members,responsible for developing
the draft POP, and a Policy Committee (Section 4.5 b) that provides recommendations for
(1-1
Council Agenda Report-Memorandum of Understanding(Urban Transit Services)
Page 2
resolving disputes. The accompanying flow chart (Exhibit A of Attachment 1) illustrates
how the proposed process will work.
CONCURRENCES
The content of the draft MOU reflects the cooperative efforts of the City and SLOCOG staff.
FISCAL IMPACT
Execution of the MOU has no direct fiscal impact on the City. However, in the future there could
be competition between the San Luis Obispo Transit and the San Luis Obispo Regional Transit
Authority for use of limited federal transit funds. Application of the programming criteria included
in Section 4.1 should not lead to reductions in existing service levels for SLO Transit. However, it
could reduce the amount of federal funds available for SLO Transit service expansions or new
capital purchases when there are competing higher-ranking proposals made by SLORTA.
It's important to note that since SLORTA is an eligible recipient of federal transit funds, the
potential competition for funding already exists. Therefore, the intent of the MOU is to establish a
cooperative process for programming FTA funds and resolving disputes.
ALTERNATIVES
The City Council may:
1. Recommend specific modifications to the MOU and forward these recommendations to
SLOCOG for consideration.
2. Continue this item pending resolution of issues identified by Council. (Since execution of
the MOU is a prerequisite for the City receiving FTA funds, staff does not recommend
continuance of this item.)
Attachments
Attachment 1: Draft Transit Planning and Programming Agreement
Exhibit A: Flow Chart of Program of Projects Approval Process
L\Council Agenda Rcports\2003 agenda reportsTrATransitProgrammingAgreementdoc
- ATTACHMENT 1
AGREEMENT BETWEEN THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS,
THE CITY OF SAN LUIS OBISPO
AND THE SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY
REGARDING PUBLIC TRANSIT
PLANNING AND PROGRAMMING
This AGREEMENT, made effective on March 5, 2003 is made by and between the San Luis
Obispo Council of Governments, herein after referred to as SLOCOG, and all other entities
mentioned above, herein after referred to as OPERATOR(S).
RECITALS:
WHEREAS, the San Luis Obispo Council of Governments has been designated by the
Governor, pursuant to Section 134 of Title 23 USC, as the Metropolitan Planning Organization
for the region; and
WHEREAS, part 450.31 0 (b) of Chapter I of Title 23 CFR requires that there shall be an
agreement between the metropolitan planning organization and operators of publicly owned
transit services which specifies cooperative procedures for carving out transportation planning
(including corridor and subarea studies) and programming; and
WHEREAS, the OPERATOR(S) are the providers of publicly owned transit systems serving
the San Luis Obispo urbanized area (LIZA); and
WHEREAS, SLOCOG and OPERATOR(S) desire to establish the basic structure for
cooperative planning and decision making for transit planning, and programming pursuant to
the above requirements.
IT IS THEREFORE MUTUALLY AGREED:
1. Limitation of Statutory Construction. Nothing in this agreement shall be construed to
interfere with the authority, under any State law .in effect on the date of the enactment of
Section 134 of Title 23 USC, of a public agency with multimodal transportation responsibilities
to develop:
a. Plans and programs for adoption by a metropolitan planning organization;and
b. Long-range capital plans, coordinate transit services and projects, and carry out
other activities pursuant to State law.
2. Area wide Transit Coordination. SLOCOG and OPERATOR(S) agree to work
cooperatively with each other and with other public and private transit providers, and local
governmental agencies to ensure the provision of coordinated, cost-effective, area-wide transit
services. Such coordination includes, to the extent feasible; fares; operating service
agreements; transfer rates and pass policies; transit information and marketing; schedule and
service coordination; capital needs; shared support facilities; data needs to meet periodic
reporting requirements; and other activities as agreed upon by the parties. A transit operating
agreement, which clearly outlines service, funding and maintenance of shared equipment;
shall be executed between Operator(s) conducting service within the UZA within 180 days of
execution of this agreement. The date of execution of the operators agreement may be
extended upon written agreement of all the parties to this agreement.
C'� 3
3. Planning. SLOCOG and OPERATOR(S) shall coordinate, to the extent feasible, planning
efforts and studies as required by state and federal law. This coordination shall include but not
be limited to:
3.1 Overall Work Program. In accordance with state and federal requirements,
SLOCOG annually prepares, adopts, and updates an Overall Work Program (OWP)
describing regional planning activities. The OWP relates regionally significant planning
activities of the State, transit operators, local governments, and SLOCOG in an
integrated, comprehensive program document. OPERATOR(S) agrees to annually
prepare a list of regionally significant transit related planning studies for the future fiscal
year to be completed by the OPERATOR(S):
a. A brief description of said studies by December 1 st of each year.
b. A detailed description of said studies by January 14t" of the following year.
Examples of regionally significant transit related studies include preparation and update
of Short-range Transit Plans, Long-Range Transit Plans, route studies that involve inter-
city transit connections, and other system studies of changes that may affect the
coordination and efficiency of transit service within the region.
3.2 Short-Range Transit Plan: OPERATOR(S) agree to prepare, adopt,and maintain a
Short Range Transit Plan, as required by law. This document will provide the planning
basis for transit capital and operating projects submitted by OPERATOR(S) to SLOCOG
for inclusion in the Federal and Regional Transportation Improvement Programs (FTIP
and RTIP.
3.3 Regional Transportation Plan. To comply with 23 USC 134, 23 CFR 450.(214)
SLOCOG will prepare a Regional/Metropolitan Transportation Plan which also meets the
requirements of California Government Code Sections 65080 et. seq. and the California
Transportation Commission's (CTC) Regional Transportation Planning Guidelines,
hereinafter referred to as RTP. SLOCOG agrees to use the OPERATOR(S) Short
Range Transit Plan as the basis for the short-range transit component of the RTP for the
OPERATOR (S) transit service area. The RTP will be directed at achieving a
coordinated and balanced regional transportation system. The RTP will be developed
with the full cooperation and participation of all affected or interested agencies, including
OPERATOR (S), air quality agencies, Caltrans, the public and private sector.
Any RTP provision proposed to achieve a coordinated regional transit system that
necessitates amendment to an operator's Short-Range Transit Plan will be identified and
referred to the operator for consideration prior to adoption or amendment of the RTP.
Operator may choose to amend its SRTP to achieve consistency with proposed RTP ,
provisions, consistent with the intent of this section, or not pursue said amendment.
3.4 Regional and Federal Transportation Improvement. Programs. SLOCOG is
responsible for the periodic development, endorsement, and .amendment of both a
Regional Transportation Improvement Program (RTIP) and a Federal Transportation
Improvement Program (FTIP), pursuant to state and federal requirements, respectively.
a. SLOCOG agrees that the. RTIP/FTIP will be prepared cooperatively on a fair and
equitable basis with OPERATOR(S) and all public agencies eligible to receive
project funding.
b. The OPERATOR(S) agree to report to SLOCOG a listing of projects for which
federal funds were obligated in the previous fiscal year by October 1'of every year.
c. SLOCOG agrees to include in the RTIP/FTIP projects recommended by
OPERATOR(S) which relate to FTA Section 5307 subject to provisions of this
agreement, and subject to a finding by SLOCOG of consistency with adopted,
short-range transit plans and the Regional Transportation Plan.
4. Programming. SLOCOG and OPERATOR(S) shall coordinate, to the extent feasible,
programming efforts and studies as required by state and federal law. This coordination shall
include but not be limited to:
4.1 Programming Criteria. SLOCOG and the OPERATOR(S) will employ the following
selection criteria to establish priorities for urban transit funding:
a. Maintenance of existing service levels
b. Project purpose and need
C. Anticipated benefits (including mobility and air quality)
d. Degree of improvement to transit viability and availability
e. Degree of improvement to transit system performance
f. Cost-effectiveness of transit improvements.
Prior to the preparation of the initial Program of Projects (POP) as specified by Section
4.3 below, the SLO LIZA Technical Committee shall establish definitions, performance
measures, standards, protocols and methodologies for ranking prospective transit
projects using each of the six programming criteria listed above.
4.2 Section 5307 Programming. Pursuant to Section 134 (h)(5) of Title 23 U.S.C.,
except as otherwise provided in Section 5305(4)(1) of that code, and in addition to the
transportation improvement program development required under subsection (b) of that
code, the selection of federally funded projects for implementation in metropolitan areas
shall be carried out, from the approved transportation improvement program, by:
a(1). in the case of projects under Title 23, the State; or
a(2).. in the case of projects under Chapter 53 of Title 49, the designated transit
funding recipients; and
b. in cooperation with the metropolitan planning organization.
4.3 Program of Projects. By October 15"' of each year, the City of San Luis Obispo in
coordination with the San Luis Obispo Urbanized Area Technical Committee (reference
Section 4.5 (a)) shall prepare and adopt a "Program of Projects" (POP) consistent with
the requirements of Title 49 U.S.0 Section 5307(c)(1) through (7). As part of this process
the City will:
a. Make available to the public, and all parties to this agreement, information
concerning the amount of funds available under the Urbanized Area Formula
Program and the program of projects that the recipients propose to undertake
with such funds;
b. Develop a proposed POP for activities to be financed, in consultation with
SLOCOG and other eligible operators, interested parties, including private
transportation providers;
i
C. Publish the proposed POP in sufficient detail and in such a manner as to
afford affected citizens, private transportation providers, and, as appropriate,
local elected officials, an opportunity to examine the proposed program and
to submit comments on it and on the performance of the recipients;
d. Provide an opportunity for an advertised public hearing to obtain the views of
citizens, agencies and interested organizations on the proposed program of
projects;
e. Ensure that the proposed POP provides for the coordination of transit
services assisted by the Urbanized Area Formula Program with transportation
services assisted from other Federal sources;
f. Consider comments and views received, from operators, SLOCOG,
interested organizations and the general public as well as those of private
transportation providers, in preparing the final POP; and
g. Make the final adopted POP available to the public and forward it to SLOCOG
for incorporation (or rejection) in the FTIP by October 15th.
The process for developing, submitting, and approving the POP, including key dates, is
diagrammatically presented on Exhibit A: Program of Projects Approval Process.
4.4 Incorporation or Resection in the FTIP. SLOCOG will include all POP projects
nominated from the annual urbanized area allocation in its entirety in the FTIP unless
SLOCOG finds that:
a. The POP is inconsistent with the planning and programming process (Section
4.3) and criteria (Section 4.1) in this agreement; or
b. There are insufficient funds to implement the POP based on the federal
allocation; or
C. The POP is inconsistent with the RTP and/or adopted eligible recipient transit
plans.
If SLOCOG staff proposes to reject the POP, it will provide notice to the City of San Luis
Obispo not later than 10 days after it receives the POP. SLOCOG's Executive Director
shall provide notice by letter; the notice does not require formal Board action. At a
minimum, said letter shall specify which of the three findings noted above form the basis
for rejection of the POP and shall describe how a proposed project or projects fails to be
consistent with said finding(s).
The SLOCOG Board will act on the proposed rejection of a POP in a public hearing no
later than November 15"'. Whenever SLOCOG rejects the POP, the City may submit a
new POP. Unless the new POP is rejected in the same manner, it will be incorporated
into the FTIP as an FTIP amendment. This amendment will not require a separate 30-
day public notice if the new POP is limited to projects considered in the FTIP public
hearing on the proposed POP rejection..
4.5 Committees. The following committees are established through this shall be staffed
by the City of San Luis Obispo:
i
a. The San Luis Obispo Urbanized Area Technical Committee made of three (3)
voting staff members: Two (2) from the City of San Luis Obispo, and one (1)
from the San Luis Obispo Regional .Transit Authority (SLORTA). Two non-
voting staff members shall include one (1) representative from SLOCOG and
one (1) representative from _the Air Pollution Control District as an ex-officio
member.
b. The San Luis Obispo Urbanized Area Policy Committee made of four(4) voting
members: Two (2) elected representatives from the City of San Luis Obispo,
and two (2)elected Supervisorial representatives from the SLO Urbanized Area.
The committee need only meet if there is an unresolved dispute with the POP,
but may be convened if requested by signatories in this agreement.
4.6 Disputes. Negotiation regarding the allocation of funds by the San Luis Obispo
Urbanized Area Technical Committee shall be conducted in good faith.
Once the SLO LIZA Technical Committee has approved a draft POP, if a dispute arises
that involves one or more project's failure to be consistent with findings (a), (b), and (c)
listed in Section 4.4 (inclusive of programming criteria listed in Section 4.1), the dispute
shall be forwarded to the San Luis Obispo Urbanized Area Policy Committee for review
and recommendation.
The dispute resolution process is diagrammatically shown on Exhibit A: Programming of
Projects Approval Process.
The recommendation of the Policy Committee shall be forwarded to the City of San Luis
Obispo for review and potential revision of the urban area POP. The City will consider
the recommendations of the Policy Committee and choose to either incorporate or not
incorporate the Policy Committee's recommendations. Where the City chooses not to
incorporate the Policy Committee's recommendations, it shall provide SLOCOG with
specific findings and rational for this decision.
The SLOCOG Board shall consider the recommendations of the City and also the
recommendations of the Policy Committee when disputes have not been resolved.
Based upon those considerations, the Board shall make a final determination of POP
consistency with the adopted RTP and that decision shall be final.
5. Labor Standards. Pursuant to Title 49 Section 5333(b)(2)(A) through Section 5333(b)(2)(F),
SLOCOG and OPERATOR(S) shall ensure that interests of employees affected by the assistance
of federal funds shall be protected under arrangements of the Secretary of Labor concluded to be
fair and equitable. These rights include the preservation of rights, privileges, and benefits under
existing collective bargaining agreements, the continuation of collective bargaining rights, the
protection of individual employees against a worsening of their positions related to employment,
assurances of employment to employees of acquired mass transportation systems, priority of
reemployment, and paid training or retraining.
6. Cooperation .The parties to this Agreement pledge full cooperation and agree to assign
representatives to serve as official members of the San Luis Obispo Urbanized Area -Technical
and Policy Committees.
7. Withdrawal and Dissolution. Any party to this agreement may terminate its participation in
this Agreement by resolution of its governing board. The withdrawal of the member shall have
no effect upon the continuation of the Agreement among the remaining members. The
Agreement as specified and required by federal law shall remain in full force and effect in regard
to the remaining members on order to continue to receive applicable Federal transit funding.
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO COUNCIL OF
GOVERNMENTS
David Romero, Mayor Peg Pinard, President
Date Date
SAN LUIS OBISPO REGIONAL
TRANSIT AUTHORITY
Peg Pinard
Attest:
Date
Ronald L. DeCarli, Executive
Director
Approved As to Form:
SLOCOG /SLORTA Legal
Counsel
Jac Crawford
IT g
EXHIBIT A: PROGRAM OF PROJECTS (POP) APPROVAL PROCESS
San Luis Obispo Council of Governments
Purpose: To incorporate the Program of Projects(POP)into the Federal Transportation hnprovement Plan(FTIP)
Information only
San Luis Obispo City Council SLO UZA Policy
Purpose: Relative to Urban Area Funding,the main purpose is to approve POP Committee Other SLOCOG
(in October).Other tasks Include. (4 members) Transportation
2-City of San Luis Obispo Planning and
Make available Public information on Ubanized Area2-SLORTA Rep.(Must be County Programming
Develop proposed POP Board of Supervisors) Actions and
Publish proposed POP and provide opportunity for input Committees
Ensure coordination of Transit Services in UZA Purpose: Resolve disputes on (CTAC,RTAC,TTAC)
the POP,only flnec.
CONVENES ONLY
NO IS THERE A DISPUTE? YES IF NECESSARY
SLO UZA Technical Committee
3 voting members
Purposes: Coordinate planning,programming and service Integration. Maets"fimeslyear. SLO Chy develops proposed Program
of Projects In consultation evltir Operators and others
San Luis SLO Air
City of San Luis Obispo San Luis Obispo Regional Transit Obispo council Pollution
Authority of Control
Governments District
2 votes t vote
-offici Ex-officio
Regional Planning, Air Quality
SLO TRANSIT Fixed Route Runabout Transit- Programing, Plan
ADA provider CCAT Fixed Route Interagency Consistency
Coordination
Target Timeline for Development of the Program of Proiects (POP)
+ February-June-Applications submitted to FTA, funds obligated, contracts signed, etc.
+August 15-Initial meeting(s)of Technical Committee on draft POP
+September 30-Technical Committee approves draft POP for consideration by SLO City
+Mid to Late October - Policy Committee meets to resolve disputes(only if nec.)
+October 15-Deadline for draft POP submission to SLOCOG for FTIP inclusion
+ October 30-SLO City Council approves draft POP.
+ November 1 - Begin required 30-day Public Notice for intent to approve POP at SLOCOG
+November 15-If SLOCOG proposes to reject a draft POP that is approved by SLO City Council
it will hold a public hearing in early November.
+ December 10-SLOCOG approves POP, integrates into Federal Transportation Improvement
Program. r
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