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HomeMy WebLinkAboutR-10775 - Resolution approving a memo of understanding between SLO Council, SLORTA, and SLO regarding public transit planning and programmingRESOLUTION NO. 10775 (2017 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS, SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY AND THE CITY OF SAN LUIS OBISPO REGARDING PUBLIC TRANSIT PLANNING AND PROGRAMMING WHEREAS, the San Luis Obispo Council of Governments ("SLOCOG") 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 450.310 (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 carrying out transportation planning (including corridor and subarea studies) and programming; and WHEREAS, the City of San Luis Obispo ("City") and the San Luis Obispo Regional Transit Authority ("RTA") are the providers of publicly owned transit systems serving the San Luis Obispo urbanized area (UZA); and WHEREAS, on April 2, 2003, SLOCOG, the City and RTA entered into an agreement for the planning and programming of Federal transit funds that has been successful in coordinating annual appropriations of funding; and WHEREAS, Subsequent Federal regulations now require that the existing planning and programming agreement be updated and as required by those regulations SLOCOG, the City and RTA have met in good faith and have revised said agreement. NOW, THEREFORE, BE IT RESOLVED by the Council ofthe City of San Luis Obispo that the Memorandum of Understanding ("MOU") between the City, SLOCOG and RTA attached hereto is hereby approved. R 10775 - --Resolution No. 10775 (2017 Series) Page 2 Upon motion of Council Member Christianson, seconded by Vice Mayor Rivoire, and on the following roll call vote: AYES: Council Members Christianson, Gomez, and Pease, Vice Mayor Rivoire and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 7`" day of March 2017. ATTEST: U4�4� , Carrie Gallagher City Clerk APPROVED AS TO FORM: ,Christine Dietrick i ty Attorney IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ZO4-11 day of 7:???4Vt_ . , 2017 ,Jr,dAAA_�_ '91&� Aeq- Carrie Gallagher City Clerk R 10775 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SAN LUIS OBISPO, SAN LUIS OBISPO COUNCIL OF GOVERNMENTS, AND SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY REGARDING PUBLIC TRANSIT PLANNING AND PROGRAMMING This Memorandum of Understanding (MOU) is entered into on March 7, 2017 is made by and between the City of San Luis Obispo ("City"), the San Luis Obispo Regional Transit Authority ("SLORTA"), referred to herein as OPERATOR(S) and the San Luis Obispo Council of Governments ("SLOCOG"), and, collectively referred to herein as AGENCIES. 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 carrying 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 (UZA), shown by Exhibit A; 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: Limitation of Statutpr y 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. Develops long-range capital plans, coordinates transit services and projects, and carries 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 and subject to action by governing bodies: fares; operating service agreements; 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. 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 regional)y 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 1st of each year. b. A detailed description of said studies by January 14th of the following year. c. The contemplated funding sources to support such studies and a timeline. Examples of regionally significant transit related studies include the joint preparation and update of Short-range Transit Plans, input and review of the Long -Range Transit Plan and route studies that involve intercity transit connections. 3.2 Short -Range Transit Plans : 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 Update. 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 each OPERATOR's most recent Short Range Transit Plan as the basis for the short-range transit and paratransit components of the RTP. SLOCOG will then use the short-term assumptions as a starting point to project long-range transit conditions. The RTP will bedirected at achieving a coordinated and balanced regional transportation system. The RTP, updated every 4 years, 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 sectors and similar agencies from adjacent counties. 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 as mutually agreed with OPERATOR(S) and all public agencies eligible to receive project funding. This cooperative effort will prioritize projects, whenever annual transit needs for scarce funding outstrip the available funding levels 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 st of every year. c. SLOCOG agrees to include in the RTIP/FTIP projects recommended by OPERATOR(S), which relate to FTA Section 5307, FTA Section 5339 and other FTA funds that may become available, 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 g. Leveraging other funding sources and balancing the allocation of resources among the three (3) small urbanized areas in the region Prior to the preparation of the initial Program of Projects (POP) as specified by Section 4.3 below, the SLO UZA 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 Transit Fund Programming Pursuant to Section 134 (h)(5) of Title 23 U.S.C., except as otherwise provided in Section 5305(d)(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 a(3). This programming covers the allocation of the Urbanized Area funds (Section 5307), the Capital Section 5339 funds and other Federal discretionary programs, as they may become available to the region. Such programming will be performed in cooperation with SLOCOG, serving as the Metropolitan Planning Organization. 4.3 Program of Proiects (POP) On a 2 -year programming calendar, involving the OPERATORS and SLOCOG and their advisory bodies, the following assignments in developing the Program of Projects (POP), using urbanized area Federal funds per most recent apportionment or as derived from historical levels, are as follows: 4.3.1 OPERATORS: Based on the Federal Register's publication of Federal full 12 -month apportionments in the SLO UZA, supply best estimate of Federal funds available for the first year of the POP (year 1, including carryovers from prior years). In addition, develop projections of Federal funds likely to be available in the second year of the POP (year 2 values based on historical). s Develop respective wish lists of candidate projects with their target Federal amounts under the Federal urbanized area program and other eligible funding sources over the next two (2) years; spell out the rationale for each project, identify the proposed source(s) and levels of local match by project type, and conform with the OPERATOR's short-range transit plan. • Meet with SLOCOG and other members of the Technical Committee (see 4.3.3) to review the list of candidate projects and reach a consensus on the final scope of the POP within each year's funding allowance. Bring the draft POP to respective transit advisory bodies for their review and comment. Then incorporate their feedback, as applicable. • If needed, reconvene a meeting of the Technical Committee and make any refinements to the POP assumptions, based on the transit and regional advisory bodies' feedback (see 4.3.2). �oth Delegate to SLOCOG the responsibility to issue a public notice on behalf of operators and consistent with the FTA public participation requirements and the SLOCOG Public Participation Plan. 4.3.2 SLOCOG: �ouncil, Bring the proposed POP to the Social Services Transportation Advisory the Technical Transportation Advisory Committee and the Citizen's Transportation Advisory Committee for their review and recommendations prior to consideration by the SLOCOG Board. a Consolidate and integrate comments received from above transit advisory committees, regional committees and the public at large, based on consensus reached by Technical Committee. Provide a summary of comments to the SLOCOG Board. • Prepare a written description of the proposed POP elements by geographical area and grantee (as part of the region -wide definition among all UZA's) with review by the OPERATORS, before its release for publication. This should be in sufficient detail to enable affected citizens, private transportation providers and, as applicable, local elected officials, the opportunity to examine the proposed POP and comment on the projects identified in each year, whether local or regional. At least 3 weeks ahead of the SLOCOG Board meeting, publish public hearing notices in local print media and on SLOCOG's website, ensuring adequate geographical coverage for the proposed projects. The approach will be adhere to the most recent policies of the SLOCOG's Public Participation Plan. In addition, all notices will be published on behalf of the designated FTA grantees (OPERATORS) for the FTA Section 5307, FTA Section 5339 and other pertinent FTA programs per the FTA national guidelines on public participation and public noticing. Per formal action by the SLOCOG Board, amend the FTIP with the final version of the 2 -year POP. Upon Board action, SLOCOG will keep the OPERATORS abreast of the status of the formal state and Federal FTIP amendment approvals, both by forwarding those electronically upon receipt and their timely posting for easy downloading from the SLOCOG website. 4.4 Committees The following committees are put in place through this agreement, as shown in Exhibit B: a) The "San Luis Obispo Urbanized Area Technical Committee", made of three (3) voting staff members. Those consist of two (2) from City of San Luis Obispo and one (1) from the RTA. Two (2) non-voting staff members will respectively represent SLOCOG and the Air Pollution Control District (APCD); both are ex - officio members. b) The "San Luis Obispo Urbanized Area Policy Committee", made of four (4) voting members: Two (2) elected officials from the City of San Luis Obispo and Two (2) elected County supervisorial representatives with the highest population in the San Luis Obispo UZA. Such Committee only meets if there is an unresolved dispute regarding the POP at the level of the Technical Committee. It also may be convened by request of the signatories to this agreement. C) No amendment to this MOU is warranted if individual staff or individual policy makers change due to turnover or elections' results. Potential reasons for formal amendments might be changes in composition or size of the Technical Committee and/or the addition of voting members (representatives from other agencies, such as the APCD or Caltrans District 5). 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 in order to continue to receive applicable Federal transit funding. City of San Luis Obispo 12, - , V: � - Hqifli H rmon yor Date: -T� &,,- . - Kat' Licfif,g Q y Man er Date: m,jt�l 4/ Dietrick DatCitftr3n -y San Luis Obispo Council of Governments Lynn Compton - Date: Legal Countel Date: q. !S • 2jz) `7 San Luis Obispo Regional Transit Authority ��N (�!& Lynn Compton V SLORTA 13resident Legal C ns,)aL Date: Lj . t) ' ?-On Ronald L. De Carli Executive it ctor Date: Geoff Straw �' Transit Manager Date: 4-Z4 - kl Exlhi bit A I" 1 ■ AI ■ i1 1 • 1 i /p%1RNA\ Exhibit B San Luis Obispo Council sof Governments -pLaw 7* mi urp-wace it 0! —7g rami rn a', -R Fl -do + f+spa`tua an rmn,7ra0-en fni t MO - ISTIIEREA a1SPUTE7 SLO UZA Policyr Committ" 04her SLOCOG (d menrvbersi Transaartatlon 2 • City ed San Luis dbbspa PUrining and 1 - RTA Rep [Mmit be County Progmmm" Board 01 Supervisors) Actions and Pwpose. RrAoirA triapures on cammtftes &e POP, errlyifneeded. (CTAC. SSTAC. TTAC) YES Cr-NVENES CNLf San Luft gLQ Air of in Luis bis jaR Lugs ❑b11sA0 Rgpityna! cur f Central Transit AuthosltY � MArRS sovernmenls Oiatricl 1 va6e Esclfsuo as-af oo Ragionat PianT� Air a�iiry sLG rl*Ata�ul-cir4d iaaub Runabout Transit aro;rarrm+rrp Flan ADApraMrder �ixedRoub3 Cansi�nryr Ir+osrrg rney Goordina*m + Late August Mid-Septernber - Irtilial meehng(s) of Technical Committee to develop the draft POP + Early to Mild -October - Policy Committee meets to rescl ,ve disputes i,only if needed) + End of October - 31-0 City Council approves the POP elements for SLO Transct - Early Noviefinber-RTA Beard approves the POP elenents for RTA + Mid No"mber- SLOCOG begins required 15 -day Public Note for Intent to approve POP at SLOCOG. + Early December - SLOCOG approves POP, integrates into Federal Transportation Improvement ` Program. l + Mid December- January -State and Federal agencies approve the FTIP amendment(s), SLOC:CU prepares letters cf concurrence for each grantee to submit to the FTA —February - June - Draft applications reviewed by SLOCOG, final applications submitted to, FTA by each grantee f=ederal funds obligated, contracts signed, etc. I.