HomeMy WebLinkAboutAGENDA REPORT 2018 0418 CCSA REG ITEM 10C CITY OF MOORPARK, CALIFORNIA
City of Moorpark
of April 18, 2018
ACTION Approved staff Item. 10.C.
recommendation
By M Benson
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Shaun Kroes, Program Manager
DATE: April 6, 2018 (CC Meeting of 04118118)
SUBJECT: Consider Approval of a Memorandum of Understanding between the
Southern California Association of Governments and Ventura County
Transit Operators for Cooperatively Determining Their Mutual
Responsibilities in Carrying Out the Metropolitan Transportation
Planning and Programming Processes
BACKGROUND
In 2007, the Southern California Association of Governments (SCAG) established
Metropolitan Planning Agreements (MPAs) with the county transportation commissions
(CTCs), including the Ventura County Transportation Commission (VCTC) and some
transit operators in the region, such as Gold Coast Transit The City of Moorpark was
not a signatory of the 2007 version
The regulatory basis for the Metropolitan Planning Agreements is found in the
Metropolitan Transportation Planning Final Rule issued by the Federal Highway
Administration (FHWA) and Federal Transit Administration (FTA) (see 23 CFR
450 314(a)), which states
The Metropolitan Planning Organizations MPO, the State(s), and the
providers of public transportation shall cooperatively determine their
mutual responsibilities in carrying out the metropolitan transportation
planning process These responsibilities shall be clearly identified in
written agreements among the MPO, the State(s), and the providers of
public transportation serving the MPA The MPO, the State(s), and the
providers of public transportation should periodically review and update
the agreement, as appropriate, to reflect effective changes
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These agreements acknowledge the role of the CTCs within the SCAG region for
countywide planning and programming, and specify that the CTCs will coordinate with
the transit operators in their respective county to ensure that transit projects, plans and
programs are recommended to SCAG for inclusion in the Regional Transportation Plan
(RTP) and Federal Transportation Improvement Program (FTIP). SCAG maintains the
Regional Transit Technical Advisory Committee (RTTAC) as a forum for transit
operators and the CTCs to participate in the metropolitan planning process.
DISCUSSION
It is staff’s understanding that many of the Cities/transit operators in Ventura County,
like Moorpark, were not part of the 2007 Agreement as they were not direct recipients of
federal funding. Rather, they were (and continue to be) sub-recipients, with VCTC
being the direct recipient. This means the operators go through VCTC for their
respective FTA Section 5307 transit funding, rather than directly through the FTA. Staff
at VCTC have requested at this time that all cities/transit operators in Ventura County
now become signatories to the latest 2018 MOU. Signing the MOU does not remove
Moorpark’s sub-recipient status with VCTC/FTA.
According to staff at SCAG, since the agreements were first executed in 2007, there
have arisen several new federal requirements that must be incorporated, including the
federal rulemaking to implement the performance-based planning provisions from the
Moving Ahead for Progress in the 21st Century Act (MAP-21) and the Fixing America’s
Surface Transportation (FAST) Act. There are also issues that have arisen through the
FTA’s Triennial Review process and identified in FTA Circulars.
The revised agreements include two new sections that address the annual listing of
projects and the development of the RTP/FTIP financial plan, which are federal
requirements put in place just after the 2007 agreements were first executed. The
region currently already fulfills these requirements, however pursuant to the Final Rule
they must be explicitly incorporated into the agreements.
The revised agreements also include three new sections that address the new MAP-21
and FAST Act requirements for performance-based planning. The proposed additions
incorporate text taken directly from the applicable Final Rules, while providing for
flexibility in how the requirements will be implemented. The requirements involve the
development of written provisions for cooperatively developing and sharing information
related to transportation performance data and the selection and reporting of
performance targets.
Another new section addresses the FTIP public participation process in relation to the
FTA Section 5307 Program Of Projects (POP) requirements. Transit operators may
choose to rely on SCAG’s FTIP public participation process to satisfy the requirement
for public participation in developing the Section 5307 POP. SCAG incorporates in the
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FTIP document(s) explicit statements reflecting that public notice of public involvement
activities and time established for public review and comment on the FTIP will satisfy
the POP requirements of the Section 5307 program.
The MOU was drafted and reviewed by SCAG staff. Although Moorpark staff submitted
proposed changes to the MOU (mostly formatting) to SCAG staff, they responded that
no changes would be made as other agencies had already started to approve the
document. Staff at SCAG did confirm they would accept one of Moorpark’s changes,
where staff had noted the MOU had an incorrect mailing address for Moorpark. The
attached MOU includes the changed mailing address and staff takes no additional
exceptions in the MOU’s current form.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Approve the MOU with the Southern California Association of Governments and
Authorize the City Manager to sign it, subject to final language approval of the City
Manager and the City Attorney.
Attachment
228
Memorandum of Understanding
Among the Southern California Association of Governments, the Ventura
County Transportation Commission, and Ventura County Transit Operators
This Memorandum of Understanding (MOU), is entered into and effective this _______ day of
_________, 2018, among the Southern California Association of Governments (SCAG), Ventura
County Transportation Commission (VCTC), and Ventura County Transit Operators, to
cooperatively determine their mutual responsibilities in carrying out the metropolitan
transportation planning and programming processes, in accordance with 23 CFR 450.314. The
undersigned Ventura County Transit Operators include the transit operators and paratransit
operator operating in Ventura County, and are collectively referred to herein as the “Transit
Operators.” SCAG, VCTC and Transit Operators are collectively referred to herein as the
“Parties.”
RECITALS
WHEREAS, SCAG is a Joint Powers Agency formed pursuant to Section 6502 of the California
Government Code;
WHEREAS, SCAG is the designated Metropolitan Planning Organization (MPO) for the
counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura, and
Imperial, pursuant to Title 23, United States Code Section 134(d);
WHEREAS, SCAG is responsible for maintaining a continuing, cooperative, and comprehensive
transportation planning process which involves preparation, adoption and update of a Regional
Transportation Plan (RTP) pursuant to Title 23, United States Code Section 134 et seq., Title
49, United States Code Section 5303 et seq., and Title 23, Code of Federal Regulations (CFR)
Section 450 et seq.;
WHEREAS, SCAG is the multicounty designated transportation planning agency pursuant to
Public Utilities Code Section 130004 and California Government Code Section 29532, and is
responsible for preparation, adoption and update of the RTP every four years pursuant to California
Government Code Section 65080 et seq.;
WHEREAS, pursuant to Senate Bill (SB) 375 (Steinberg, 2008) as codified in Government Code
Section 65080(b) et seq., SCAG is also required to prepare a Sustainable Communities Strategy
(SCS) for incorporation into the RTP that demonstrates how the region will meet its greenhouse
gas (GHG) reduction targets as set forth by the California Air Resources Board (ARB);
WHEREAS, the SCAG Regional Transportation Plan/Sustainable Communities Strategy
(RTP/SCS) sets forth the long-range regional plans and strategies for transportation
improvements and regional growth throughout the SCAG region;
WHEREAS, the RTP/SCS consists of a financially constrained plan and strategic plan. The
constrained plan includes projects that have committed, available or reasonably available
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revenue sources, and are thus probable for implementation. The strategic plan is for
information purposes only and identifies potential projects that require additional study,
consensus building, and identification of funding sources before making the decision as to
whether to include these projects in a future RTP/SCS constrained plan;
WHEREAS, SCAG is further responsible for preparing and adopting the Federal Transportation
Improvement Program (FTIP) (known as the regional transportation improvement program under
state law) every two years pursuant to Government Code Sections 14527 and 65082, and Public
Utilities Code Section 130301 et seq.;
WHEREAS, in non-attainment and maintenance areas for transportation-related criteria pollutants,
the MPO, as well as the Federal Highway Administration (FHWA) and Federal Transit
Administration (FTA), must make a conformity determination on any updated or amended RTP in
accordance with the federal Clean Air Act to ensure that federally supported highway and transit
project activities conform to the purpose of the State Implementation Plan (SIP);
WHEREAS, pursuant to Government Code Section 65080(b)(2)(F) and federal public participation
requirements including 23 CFR Section 450.316(b)(1)(iv), SCAG must prepare the RTP/SCS by
providing adequate public notice of public involvement activities and time for public review. The
SCAG Public Participation Plan serves as a guide for SCAG’s public involvement process,
including the public involvement process to be used for the RTP/SCS and an enhanced outreach
program that incorporates the public participation requirements under SB 375 and adds strategies
to better serve the underrepresented segments of the region;
WHEREAS, in 2007, to coordinate metropolitan transportation planning in accordance with
federal law, SCAG entered into Memoranda of Understanding with providers of public
transportation in the region, including County Transportation Commissions (CTCs) and transit
operators (referred to herein as “2007 MOU”);
WHEREAS, SCAG now seeks to update and enter into new Memoranda of Understanding to
reflect most recent metropolitan transportation planning regulations as set forth under 23 CFR
Section 450.314, which requires SCAG, the State and providers of public transportation to
cooperatively determine their mutual responsibilities in carrying out the metropolitan
transportation planning process, including specific provisions for the development of financial
plans that support the RTP and FTIP and development of the annual listing of obligated
projects;
WHEREAS, SCAG has entered into a separate Memorandum of Understanding with the State
of California Department of Transportation, updated and effective July 7, 2017, in accordance
with 23 CFR Section 450.314;
WHEREAS, VCTC is a County Transportation Commission created pursuant to Public Utilities
Code section 130050 and is charged pursuant thereto for approval of all projects in Ventura
County utilizing federal and state highway and transit funds and is responsible for transportation
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programming and long and short range transportation planning in Ventura County;
WHEREAS, VCTC and the undersigned Transit Operators set forth in Exhibit “A” provide transit
service within Ventura County; and
WHEREAS, the Parties desire to utilize this MOU to specify cooperative procedures for carrying
out the metropolitan transportation planning process as required by 23 CFR 450.314 and any
successors thereto, and as may be subject to any final rule-making.
NOW, THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS
PROVIDED FOR HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:
Section I
PLANNING AND COORDINATION PROCESS
1.1 SCAG's Role: SCAG is the agency with the overall responsibility for continuous,
comprehensive and coordinated regional transportation planning in the six county SCAG
region. In accordance with applicable federal and state laws, these responsibilities
primarily include but are not limited to preparation and adoption of the RTP/SCS and
FTIP.
1.2 VCTC's County Transportation Commission Role: VCTC is responsible for
continuous, comprehensive and coordinated transportation planning and project
implementation within Ventura. These responsibilities include but are not limited to the
development and adoption of the County Transportation Improvement Program (TIP) for
Ventura County, development of corridor and sub-regional studies, and for allocating
transit funds to Ventura County transit operators. VCTC will coordinate with Transit
Operators in meeting its countywide transportation planning responsibilities. VCTC is
also responsible for ensuring that the Ventura County transit projects, plans and
programs identified in VCTC's Congestion Management Program (CMP) and through
other activities and the County TIPs for Ventura County are recommended to SCAG for
inclusion in the RTP, FTIP, and regional transportation studies.
1.3 Transit Operators' Role: Transit Operators are responsible for coordinating with VCTC
regarding their capital and operating needs and providing recommendations regarding
VCTC's CMP and County TIP.
1.4 Certification and Assurances: In carrying out their respective responsibilities under
this MOU, each party shall comply with the requirements and any successors thereto,
referenced in SCAG’s annual Certifications and Assurances (FHWA and FTA
“Metropolitan Transportation Planning Process Certification”) submitted as part of
SCAG’s Overall Work Program, including but not limited to:
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a. Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d–1) and 49
CFR part 21 and related federal guidelines including but not limited to FTA Circular
4702.1;
b. 49 U.S.C. 5332, prohibiting discrimination on the basis of race, color, creed, national
origin, sex, or age in employment or business opportunity;
c. Section 1101(b) of the FAST Act (Pub. L. 114-94) and 49 CFR part 26 regarding the
involvement of disadvantaged business enterprises in USDOT funded projects;
d. 23 CFR part 230, regarding the implementation of an equal employment opportunity
program on Federal and Federal-aid highway construction contracts;
e. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) and 49 CFR parts 27, 37, and 38;
f. The Older Americans Act, as amended (42 U.S.C. 6101), prohibiting discrimination
on the basis of age in programs or activities receiving Federal financial assistance;
g. Section 324 of title 23 U.S.C. regarding the prohibition of discrimination based on
gender; and
h. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 49 CFR part 27
regarding discrimination against individuals with disabilities.
1.5 Coordination Process: SCAG shall engage in a consultative process with VCTC and
Transit Operators in accordance with applicable federal and state laws and regulations,
and successors thereto, pertaining to the roles and responsibilities of the Parties in
metropolitan transportation planning.
a. SCAG shall provide timely notice of the opportunity to comment on its Draft RTP and
Draft FTIP to the parties and the opportunity to participate in Overall Work Program
development.
b. SCAG shall continue maintaining the Regional Transit Technical Advisory Committee
or a successor group, to provide a forum for VCTC, other CTCs, and Transit
Operators, to participate in the metropolitan transportation planning process.
c. VCTC agrees to participate in SCAG's Technical Working Group or any successor
group established to serve the same function which shall also serve as a forum to
ensure that local transportation projects, plans and programs are effectively
integrated into the RTP and FTIP updates.
d. The Executive Officers of SCAG and the CTCs shall continue to meet regularly to
ensure executive coordination of regional/county/local transportation issues,
including issues regarding transit coordination.
e. VCTC shall ensure that Transit Operators’ plans, programs, studies and other issues
are integrated into the county and regional transportation planning process. VCTC
shall provide Transit Operators the opportunity to propose projects for inclusion in
VCTC's TIP and CMP. Projects and programs adopted by the VCTC in the Ventura
County TIP and CMP shall be submitted to SCAG and recommended for inclusion in
the FTIP and RTP, respectively.
f. The Parties shall cooperatively develop an annual listing of projects for which funds
under 23 U.S.C. or 49 U.S.C. Chapter 53 were obligated in the preceding program
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year, in accordance with 23 CFR 450.334.
g. The Parties shall cooperatively develop estimates of funds that will be available to
support RTP implementation, and reasonable financial principles and information that
support revenue and cost estimates, to be used in the RTP and FTIP financial plan,
in accordance with 23 CFR 450.324(f)(11).
h. The Parties agree to collaborate to implement federal performance reporting and
performance-based planning provisions in accordance with 23 CFR
450.306(d)(2)(iii), and subject to applicable final rulemaking. The Parties further
agree to coordinate to the maximum extent practicable in the selection of
performance targets, and will cooperatively develop and share information related to
transportation performance data, the selection of performance targets, the reporting
of performance targets, and the reporting of performance to be used in tracking
progress toward attainment of critical outcomes for the SCAG region, in accordance
with 23 CFR 450.314(h)(1).
i. To aid in the planning process, VCTC and Transit Operators shall make available to
SCAG their Transit Asset Management Plan and any supporting records or
documents, performance targets, investment strategies, and annual condition
assessment report, upon request of SCAG and in accordance with the RTP/SCS
development schedule, in order to fulfill requirements of 49 CFR 625.53.
j. SCAG shall integrate in the metropolitan transportation planning process, directly or
by reference, the goals, objectives, performance measures, and targets described in
the Transit Asset Management Plans and Public Transportation Agency Safety Plans
developed by providers of public transportation, in accordance with 23 CFR
450.306(d)(4).
k. Transit Operators may choose to rely on SCAG’s public participation process
associated with the FTIP development to satisfy the requirement for public
participation in developing the FTA Section 5307 program of projects (POP). SCAG
agrees to incorporate in the FTIP document(s) an explicit statement reflecting that
public notice of public involvement activities and time established for public review
and comment on the FTIP will satisfy the POP requirements of the Section 5307
program.
Section 2
General Provisions
2.1 Term of Agreement: This MOU shall be effective as to each party on the date such
party executes this MOU, and continues in full force until such party withdraws from this
MOU pursuant to Section 2.5 below or this MOU is terminated by SCAG upon thirty (30)
days prior written notice. This MOU shall supersede and replace all prior agreements
including but not limited to the 2007 MOU between the Parties concerning metropolitan
planning agreements required to be developed pursuant to 23 CFR 450.314 and
predecessors thereto.
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2.2 Drafting: This MOU has been prepared by all parties and has been reviewed and
endorsed by each.
2.3 Amendments: This MOU may be amended only by the execution by all parties of a
written amendment.
2.4 Indemnity: Each of the parties to this MOU is a public entity. Pursuant to Government
Code Section 895.4, each party shall indemnify, defend and hold each of the other
parties, and their respective officers, agents and employees harmless from and against
any liability and expenses, including defense costs, any costs or liability on account of
bodily injury, death or personal injury of any person or for damage to or loss of property,
any legal fees and any claims for damages attributable only to performance of the
responsibilities as set forth in Section 1 (Planning and Coordination Process) of this
MOU by the indemnifying party (Indemnitor) or its officers, agents employees,
contractors and subcontractors under this MOU, except to the extent caused by the
negligence or willful misconduct of an indemnified party (Indemnitee).
2.5 Withdrawal: Any party may withdraw from this MOU upon ninety (90) days written
notice to each party, providing that the notice of withdrawal sets forth the effective date
of withdrawal and the reason for withdrawal. Additionally, the notice of withdrawal shall
provide that the parties during the period prior to the effective date of withdrawal shall
meet to try to resolve any dispute. In the event that the withdrawal is for cause, the
withdrawal shall not be effective if the party cures the default in its performance within
the ninety day period. SCAG shall notify FTA of the withdrawal from this MOU of any
party.
2.6 Jurisdiction and Venue: This MOU shall be deemed an Agreement under the laws of
the State of California and for all purposes shall be interpreted in accordance with such
laws. All parties hereby agree and consent to the exclusive jurisdiction of the courts of
the State of California and that the venue of any action brought hereunder shall be in
Los Angeles County, California.
2.7 Non-assignment: No party may assign this MOU, or any part thereof, without the
written consent of each party to this MOU.
2.8 Notice: Any notice or notices required or permitted to be given pursuant to this MOU
may be personally served on the other party by the party giving such notice, or may be
served by certified mail, return receipt requested, to the following addresses:
Executive Director
Southern California Association of Governments
900 Wilshire Blvd., Ste. 1700
Los Angeles, California 90017
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Executive Director
Ventura County Transportation Commission
950 County Square Drive #207
Ventura, California 93003
Ventura County Transit Operators (See Exhibit “A”)
Each undersigned party agrees to notify the other parties of any changes to the address
for receipt of Notices.
2.9 Order of Precedence: In the event of a conflict between and among this MOU and
Exhibit “A,” the order of precedence shall be:
Amendments to the MOU
MOU
Exhibit “A”
2.10 Execution of Agreement or Amendments: This MOU, or any amendment related
thereto (Amendment), may be executed in multiple counterparts, each of which shall
be deemed to be an original, but all of which shall constitute one and the same
agreement. The signature page of this MOU or any Amendment may be executed
by way of a manual or authorized digital signature. Delivery of an executed
counterpart of a signature page to this MOU or an Amendment by electronic
transmission scanned pages shall be deemed effective as a delivery of a manually
or digitally executed counterpart to this MOU or any Amendment.
[SIGNATURE PAGES TO FOLLOW]
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IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their duly
authorized representatives on the dates set forth below.
The Southern California Association of Governments (“SCAG”)
By:
Date:
Hasan Ikhrata
Executive Director
Approved as to Form:
Date:
Joanna Africa
Chief Counsel/Director of Legal Services
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Ventura County Transportation Commission (“VCTC”)
By:
Date:
Approved as to Form:
Date:
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Gold Coast Transit District
By:
Date:
Approved as to Form:
Date:
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City of Simi Valley, A Municipal Corporation
By:
Date:
Approved as to Form:
Date:
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City of Ojai
By:
Date:
Approved as to Form:
Date:
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City of Camarillo
By:
Date:
Approved as to Form:
Date:
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City of Moorpark
By:
Date:
Approved as to Form:
Date:
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City of Thousand Oaks
By:
Date:
Approved as to Form:
Date:
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County of Ventura
By:
Date:
Approved as to Form:
Date:
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EXHIBIT A
Ventura County Transit Operators
Executive Director
Ventura County Transportation Commission/VCTC Intercity/Valley Express
950 County Square Drive
Ventura, CA 93003
General Manager
Gold Coast Transit District
301 E. Third St.
Oxnard, CA 93030-6048
City Manager
City of Simi Valley Transit
City Hall
2929 Tapo Canyon Road
Simi Valley, CA 93063
City Manager
City of Ojai Transit/Ojai Trolley
Ojai City Hall
401 S. Ventura Street
Ojai, CA 93023
City Manager
City of Camarillo/Camarillo Area Transit
City Hall
601 Carmen Drive
Camarillo, California 93010
City Manager
City of Moorpark/Moorpark City Transit
City Hall
799 Moorpark Avenue
Moorpark, CA 930213
City Manager
City of Thousand Oaks/Thousand Oaks Transit
City Hall
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
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County Executive Officer
County of Ventura/Kanan Shuttle
800 S. Victoria Avenue
Ventura, CA 93009
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