CC 2012-10-23_08.g. MOU SCAT RTA SLOCOGMEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
SUBJECT: CONSIDERATION OF SUPPORT FOR MEMORANDUM OF
UNDERSTANDING BETWEEN SOU'TH COUNTY AREA TRANSIT,
THE REGIONAL TRANSIT AUTHORITY AND SAN LUIS OBISPO
COUNCIL OF GOVERNMENTS
DATE: OCTOBER 23,2012
RECOMMENDATION:
It is recommended the City Council approve support for the proposed Memorandum
of Understanding (MOU).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The designation as an urbanized area will result in annual funding of over $1 .I million
to the Five Cities area for transportation purposes. Of this, it is estimated that
$300,000 to $400,000 will be programmed for transit operations that will replace
existing funding for the South County Area Transit (SCAT) system. The existing
funding will then be eligible for street improvements. As a result, ongoing funding for
Arroyo Grande street improvements is expected to increase by over $100,000. This
amount has already been programmed in the City's Capital Improvement Program
(CIP). There is no impact on personnel resources projected. Street improvements
are identified in the Critical Needs Action Plan.
BACKGROUND:
As a result of the 2010 U.S. Census, the Five Cities area was designated as an
Urbanized Area (UZA). It has been officially identified as the Arroyo Grande-Grover
Beach UZA and includes the populated areas in the Cities of Arroyo Grande, Grover
Beach, Pismo Beach and unincorporated portions of San Luis Obispo County.
Public transportation operators that serve the UZA are eligible to apply for and
receive Federal Transit Administration (FTA) funds through the San Luis Obispo
Council of Governments (SLOCOG), which is the governor-designated Metropolitan
Planning Organization (MPO) for San Luis Obispo County and its three UZAs.
SLOCOG is also the governor-designated recipient of FTA funds in the county.
Item 8.g. - Page 1
CITY COUNCIL
CONSIDERATION OF SUPPORT FOR MEMORANDUM OF UNDERSTANDING
BETWEEN SOUTH COUNTY AREA TRANSIT, 'THE REGIONAL TRANSIT
AUTHORITY AND SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
OCTOBER 23,2012
PAGE 2
As a result of the 2010 Census UZA designation, public transportation operators can
apply as grantees for FTA Section 5307 funds for operating or capital purposes and
FTA Section 5339 funds for capital purposes. Section 5307 funds can be used to
provide a maximum of 50% FTA contribution for eligible operating purposes (total
operating costs minus fare revenues), and both Section 5307 and Section 5339
funds can be used to provide up to 80% for eligible capital purposes.
ANALYSIS OF ISSUES:
In all cases, FTA funds are provided on a reimbursement basis, so eligible public
transportation operators must be capable of "fronting" funds for federally-funded
projects until the grant is approved by FTA and the funds are available to the
grantee. In order for these Federal Fiscal Year 2012-13 funds to be used as
reimbursement for SCAT'S July 1,2012 through June 30, 201 3 fiscal year expenses,
a Program of Projects (POP) for the UZA must be adopted in time for applications to
be submitted in February 2013. 'That means that the POP must be adopted by the
SLOCOG Board of Directors at its December 5, 2012 meeting. Even with those
deadlines, the FTA reimbursement likely will not be available until approximately
September 201 3.
Since the funding is required by the FTA to be administered by SLOCOG, an MOU is
required in order to be eligible to receive the funding. The attached Memorandum of
Understanding (MOU) is based closely on the MOU's used for planning and
programming FTA funds in the San Luis Obispo UZA and the Paso Robles-
Atascadero UZA. In all material respects, the MOUs for all three UZAs in the county
would be uniform and consistent. A special meeting of the SCAT Board of Directors
will be scheduled in November in order to approve the MOU in time to meet the
required FTA timelines for the funding. They have first requested an opportunity be
provided to each City Council to provide input.
A chart showing the process for making decisions regarding the allocation of the FTA
funds is also attached. Both SCAT and a Technical Committee composed primarily
of SCAT member agency representatives would provide recommendations to the
SLOCOG Board of Directors. A representative from SLOCOG will be at the Council
meeting to respond to questions.
ALTERNATIVES:
'The following alternatives are provided for City Council consideration:
1. Approve supporting the proposed MOU
2. Recommend changes to the proposed MOU;
3. Take no action; or
4. Provide staff other direction.
Item 8.g. - Page 2
CITYCOUNCIL
CONSIDERATION OF SUPPORT FOR MEMORANDUM OF UNDERSTANDING
BETWEEN SOUTH COUNTY AREA TRANSIT, THE REGIONAL TRANSIT
AUTHORITY AND SAN LUIS OBISPO COLlNClL OF GOVERNMENTS
OCTOBER 23,2012
PAGE 3
ADVANTAGES:
'The MOU will qualify SCAT for a substantial increase in Federal funding for
transportation operations and equipment. 'This will enable the City to also increase
use of existing Transportation Development Act (TDA) funds for street improvements.
DISADVANTAGES:
'The only disadvantage identified is a reduction in control over allocation of funding
when compared to the existing process. However, the process proposed will
maintain control over recommendations for funding allocations with local
representatives and the overall funding allocation will increase substantially. There is
no alternative to establishing an MOU in order to obtain the funding.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
'The Agenda was posted in front of City Hall on Thursday, October 18, 2012 and on
the City's website on Friday, October 19, 201 2.
Attachments:
1. MOU Between SLOCOG, RTA and SCAT
2. Advisory Structure Chart
Item 8.g. - Page 3
Attachment 1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE SAN LUlS OBISPO COUNCIL OF GOVERNMENTS
AND THE REGIONAL TRANSIT AUTHORITY
AND THE SOUTH COUNTY AREA TRANSIT
"Regarding the Coordination of On Going Transit Planning and Programming Federal Transit Funds
that Support the On Going and Future Deployment of rans sit Services in the South County"
This Memorandum of Understanding (MOU) is entered into between the SAN LUlS OBISPO COUNCIL
OF GOVERNMENTS (SLOCOG), the REGIONAL TRANSIT AUTHORITY (RTA) and SOUTH COUNTY AREA
TRANSIT (SCAT). Both RTA and SCAT are hereinafter referred to as "Public Transportation Providers"
as of this 17 day of October 2012. The purpose of this MOU is to:
1. Foster a noted agencies for
the provision of on behalf of South
County public mass
2. Identify the transit planning State of California for the
purpose of programming Federal transit Federal Transportation
lmprovement Program (RIP).
WITNESSES THAT: '\\
\\ WHEREAS, the major populations of the Cities of Arroyo Grande, Grover\Beach, Pismo Beach and less
," \ populated south county po3ion<&f~an Luis Obispo County are newly designated as an urbanized area
/ by the 2010 Census; and( \ \~*,,,
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WHEREAS, the Public ~ran~~o~atio Providers are eligible to apply for and receive Federal Transit
Administration (FTA) ~ectidn,530.Pfundi~<foc,~a~ital, operating and planning assistance as well as FTA
\ Section 5339 for capital-only purpose;for'the,d>livery of public mass transportation; and
\..\\ _. j.
\-, ' WHEREAS, SLOCOG is a Regional Transportation planing Agency (RTPA) and a Metropolitan Planning
\ Organization (MPO) for San Luis ~bispo.~ounty; and
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WHEREAS, the Moving Ahead for progress;" t'he 21R Century ( MAP-21) Act requires MPO'S to work
cooperatively with public transit operators to develop Regional Transportation Plans (RTP's) and
Transportation lmprovement Programs (TIP'S) for urbanized areas. These plans and programs are
intended to further the national interest to encourage and promote the safe and efficient
management, operation, and development of surface transportation systems. These systems should
serve the mobility of people and freight, and foster economic growth and development within and
through urbanized areas, while minimizing transportation-related fuel consumption and air pollution;
and
WHEREAS, SLOCOG and Public Transportation Providers rely upon a cooperative relationship to foster
comprehensive regional transit planning which feeds directly into State and national planning; and
WHEREAS, the need for continued open communication is amplified due to the recent designation as
an urbanized planning area.
Item 8.g. - Page 4
NOW, 'THEREFORE, in consideration of the mutual benefits of the parties hereto, and in consideration
of the covenants and conditions herein contained, the parties agree as follows:
SECTION 1: Responsibilities of SLOCOG and the Public Transportation Providers
1.1 Communication
A critical component of this relationship involves open and productive communication, which
leads to setting project priorities and federal funding needs. SLOCOG is required to update
the FTlP every even numbered year. The need to ensure responsive communication between
the three parties is imperative in order to meet this federal programming mandate.
1.2 Governance
The Public Transportation Providers, individually cooperate with SLOCOG in
the development and implementation of a to assure the application for
and use of FTA Sections 5307 and 5339 with the Regional
\ Transportation Plan and Regional and Federal Transportation Im.pro,vement Program.
SECTION 2: Transit Planning \\\
2.1 Overall Work Program \ ',, \, In accordance with state and ,feder,$ requirements, SLOCOG annually prepare~~~adopts, and
updates an Overall Work P~O~~$~,.(OWPJ describing regional planning activities. The OWP
relates regionally significant planning activities of the State, transit operators, local
governments, and SLOCOG in an inttigr&ed, &mprehensive program document. Public
Transportation Providers agree to a.nnbally p"iepa;j?-a@t of regionally significant transit
related planning studies for the futu>e,fiscal >oo-becompleted by Public Transportation
Providers and submitted to SLOCOG acko>di/ng to'the fblloy;ng schedule:
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a) A brief description of said studies by December lR of each year
/- 5)--A_detailed description of said st"dies,by January 14'~ of the following year
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2.2 (&o'rt Range Tran>lt.pans
'I? accordance with~metmpolitan planning regulations and Federal Transit Administration
\ (FIA) gu<dance, the ~ublic,~rans~ortation Providers are required to prepare a five (5) years
\, short-rprige transit plan'\to'support sound financial and operations decision-making in transit
planning-and.programmihg. ,In the development of future SRTP's, the Public Transportation
\ \ Providers will provide a dra? list of projects for FTA funding. The list shall:
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I a) lden\tify\and d'escribe the scope of the specific projects and services, which
\ / address on going and increased transit demands. These projects and services are
to include provisions for meeting requirements of the Americans with Disabilities
Act (ADA)
b) Provide qualitatively and quantitative analysis showing how the project addresses
transit needs
c) Identify the amount and type of federal and non-federal funds required
supporting the projects for each year represented in the plan. In addition, identify
anticipated discretionary funding estimates for the FTlP
Item 8.g. - Page 5
2.3 Long Range Transit Plan
In accordance with metropolitan planning regulations and FTA guidance, SLOCOG in
coordination with the Public Transportation Providers will develop the Long Range Transit Plan
(LRTP). The LRTP will assess the transportation needs of the public and set forth
improvements necessary to address those needs over a twenty (20) year period and updated
every five (5) years consistent with Short Range Transit Plans.
2.4 Planning Assistance
SLOCOG will provide input into the development of transit planning documents produced by
Public Transportation Providers. An example of the type of transit planning document
includes the Short Range Transit Plan. In addition, SLOCOG will work cooperatively and assist
the Public Transportation Providers in their efforts to generate planning and forecasting
information needed to establish and maintain the Short and Long Range Transit Plans. The
type of assistance provided by SLOCOG includg; but is not limited to, the following: ,,' /
a) Obtain and analyze data from various sources to develop concrete demographic,
growth and use a~sum~tions'forihe purpose oftransit forecasting and
1. \ / development (such as trip generation tab>es, census information, maps) \ b) Assist in securing funds to conduct transit demind studies and in-depth analysis
1 / (such as researching funding options and writing grants)
\ c) Assist in obtaining state and federal fund'ihg of,projects consistent with the
SLOCOG Regional Transportation Plan paper work, facilitating
KIP amendments)
2.5 FTlP
As part of the K<P~~\pdatingprocess, federally funded projects are programmed by SLOCOG
on behalf of all transit,prov/iders-receiving federal funds through the KIP. For proposed
transit projects, thecri&rion used for the programming of federal funds within the SLOCOG1s
KIP is essential. SLOCOG at6 thehblb Transportation Providers will employ the following
\ selection criteria to establish priorities for transit funding:
\
,~> \
1) Project purpose and need
2) Anticipated benefits
3 Degree to which a project will improve transit availability
4) Degree to which a project will improve level of service performance standards
5) Air quality benefits
6) Overall cost effectiveness
7 Leveraging other funding sources
2.6 Regional Planning
SLOCOG will provide a forum that will foster partnerships wherein the development of public
transit services throughout southern San Luis Obispo County will be accomplished. As part of
the coordinated regional transportation system, SLOCOG will expand the continuing,
cooperative, and consistent planning of the transportation systems operated by the Public
Transportation Providers and such relationship with the regional and interregional transit
network.
Item 8.g. - Page 6
SLOCOG will be responsible for the development of regional planning documents such as the
Regional Transportation Plan, the Long Range Transit Plan, and the analysis and determination
of Unmet Transit Needs for the region. The Public Transportation Providers will have the
opportunity to provide technical advice during the development of these regional planning
documents through the SLOCOG committee structure. As a part of the regional planning
process, the Public Transportation Providers will assist SLOCOG with efforts to achieve
regional goals including the requirement to assist in the attainment of state and federal air
quality standards.
2.7 Application for Transit Funding
The Regional Transit Authority as the designated grantee for FTA monies shall prepare and
submit an application to the FTA for Federal transit funding. With the assistance of SLOCOG,
the designated recipient for such Federal funds, the designated grantee will submit draft grant
applications to SLOCOG prior to submittal to FTA. SLOCOG will review the accuracy of the
,'\ application, consistency of projects with Fryprogramming, and prepare a letter of
concurrence if the information is accurate! he-grant applications for Federal funding shall be
consistent with SLOCOG Regional by federal guidelines. RTA
shall work with SLOCOG to develop from all potential transit
funding sources in order to prevent funding
2.8 Program of Projects '\; <;
By October 3oth of each year, the Public ~rans~ortation Providers in coordination with the \ South County Transit Technical Committee shall prepare and'adopt a "Program of Projects"
(POP) consistent with~the requirements of Title 49 U.S.C ~Aid5307 (c) (1) thru (7).
.~.. ', // ,, -\
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2.9 Incorporation or ~6jectionxin the mP
\ SLOCOG will include all POP'lprqjects nominated from the annual urbanized area allocation in
a) the POP is inconsistent with the planning
and programming there are insufficient funds to implement the
POP based on the is inconsistent with the RTP and/or adopted
local transit plans.
If SLOCOG proposes to reject the.POl?, it will provide notice to the Public Transportation
Providers not later than 10 days aherli receives the proposed POP from the South County
Transit Technical Committee. SLOCOG's Executive Director may provide notice by letter; the
notice does not require formal Board action. 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 South County Transit Policy Committee shall convene, and the Public
Transportation Providers shall resubmit the POP. Unless the new POP is rejected in the same
manner, it will be incorporated into the FTlP as an FTlP amendment. This amendment will not
require a separate 30-day public notice if the new POP is limited to projects considered in the
FTlP public hearing on the proposed POP rejection.
2.10 Committees
The following committees are established through this agreement as illustrated in Exhibit A
a) The South County Transit Technical Committee made of five (5) voting staff
members: One (1) from the City of Grover Beach; One (1) from the City of Arroyo
Item 8.g. - Page 7
Grande; One (1) from the City of Pismo Beach; One from the County of San Luis
Obispo; One (1) from the Regional Transit Authority. Three non voting staff
members shall include one (1) representative from SLOCOG, one (1)
representative from the Air Pollution Control District and one (1) representative
from Caltrans District 5 as ex-officio members.
b) The South County Transit Policy Sub Committee made of five (5) voting members:
One elected representative on the SLOCOG Board from each of the three (3) Cities
in the South County Area Transit service area and two (2) elected representatives
from the San Luis Obispo Council of Governments Board representing the County
of San Luis Obispo in the South County area (Districts 3&4). The Sub Committee
need only meet if there is a vote on the ~05thads not unanimous. The Sub
/ Committee may also be convened if requ,eited,by signatories in this agreement
for other planning and coordination
2.11 Disputes
If a dispute regarding the allocation of funds arises between'\~{~c~G and the Public
Transportation Operators, the agencies shall negotiate in good'faith to resolve the
\ \ dispute. If such negotiation does not result in resolving the differences, the issue shall be
forwarded to the South County Transit Policy Sub Committee for review'and
recommendation. The recbmmendation of this Sub Committee shall be\fo,harded to
SLOCOG for review and p'otential~revision of the urban area POP. SLOCOG shall consider
the recommendations of the,&$nmi&ee.and make a final determination of the POP. Its
decision shall be final. \~ \\\, \,\ \~ ' \,~, '\,,
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SECTION 3: FTlP Proiect Monitoiinkand M/aintena"ce
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'\ 3.1 Progress Reporting , ,'
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The SLOCOG shall be responsible for trackingttigoverall progress of all projects in the FTIP.
SLOCOG wi~l'~re~are a mid-year report for th&SLOCOG Board of Directors to review that
/ / identifies those &intit projects that have been'$ogrammed, and their status of completion \ ;~e<~,., on xhedule;,behpd schedule, or completed). In addition, per federal guidelines,
\ SLOCOG is required to produce an annual list of projects for which federal funds have been
\ obJgated in the precedingLyear and will ensure that it is made available for public review.
'\ \ \\ I $, \
The ~uiic i>ansPortatio" pipiderr will assist SLOCOG1s effort to track the overall progress of
\ \ FflP pr~jects~by submiying $uarterly reports that address the status of each project receiving
\ \ federal funds. At a minimum, the quarterly report will include:
\' //
a) ldentify'and correlate the documentation of projects to individual categories as
identified in the FflP (e.g., Operations, Capital Purchase, Facility Maintenance,
Planning).
b) Document the stage of project implementation.
c) If project is behind schedule, give the reasons for the delay.
d) Status of amount of federal funding obligated, received and used to support
projects.
e) Identify the need for FflP amendment.
Item 8.g. - Page 8
In addition to providing the above supporting documents, the Public Transportation Providers
will forward to SLOCOG a final copy of all planning documents produced as a result of
receiving Federal funding. This will assist SLOCOG in overall transit planning as well as ensure
that FTA Section 5307 funds were used accordingly for planning purposes as per FTA's
requirements.
3.2 FTlP Amendments
SLOCOG's Executive Director will exercise the authority delegated by the SLOCOG Board to
process minor administrative amendments, involving, for instance, changes in the project
scope, shifting of funds between project phases within the triennial element of the FTIP.
As part of the quarterly progress report, or sooner if required, the Public Transportation
Providers will alert SLOCOG of the need for amending the FTIP. In general reasons for FTlP
amendments include, for example, funding sholt\falls, delays in project implementation and/or
new projects that need to be amended into the document. / /
/' / SECTION 4: MOU Amendment .~
'\ \.
This MOU may be amended by the
SECTION 5: MOU Termination
\ <
\ \ Either party upon thirty (30) days of written notification to the other may terminate this MOU. \\
SECTION 6: Authorization of MOU
/ ,,------, \
By signature{wefagree tkat he responsibilities outlined in this MOU foster healthy \ collaboration folthe purpose of fostering transit planning and programming federal funds
\ within the SLOCOG,Fed,eral Transportation Improvement Program.
\ \/'
I - , . \,*_
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Fred Strong, President ,\\h,\ Jim Guthrie, Board Chairman
San Luis Obispo Council of ~overnments & South County Area Transit
San Luis Obispo Regional Transit Authority
Date: Date:
APPROVE AS TO FORM AND LEGAL EFFECT:
Tim McNulty, Legal Counsel
San Luis Obispo Council of Governments
South County Area Transit
San Luis Obispo Regional Transit Authority
Date:
Item 8.g. - Page 9
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