MEETING NOTICE AND AGENDA
LOSSAN RAIL CORRIDOR AGENCY JOINT POWERS BOARD The Board may take action on any item appearing on this agenda.
Monday, October 15, 2012
12:30 p.m. to 2:30 p.m.
Former Harvey House Restaurant Near Traxx Bar Los Angeles Union Station Los Angeles, CA Lunch Provided
SANDAG Staff Contact: Linda Culp (619) 699-6957 [email protected]
AGENDA HIGHLIGHTS
• SENATE BILL 1225
• REVISED DRAFT AMENDED JOINT EXERCISE OF POWERS AGREEMENT AND BYLAWS AND MANAGING AGENCY SELECTION TIMELINE
• CORRIDOR CAPITAL PROJECTS UPDATE www.lossan.org
LOSSAN RAIL CORRIDOR AGENCY JOINT POWERS BOARD October 15, 2012
ITEM # RECOMMENDATION
1. CHAIR’S REPORT
Welcome and Introductions
2. PUBLIC COMMENT AND COMMUNICATIONS
Speakers are limited to three minutes each.
CONSENT (Items 3 through 6)
+3. AUGUST 30, 2012, MEETING MINUTES (Linda Culp, SANDAG) (pp. 6-9) APPROVE
The meeting minutes are included for approval.
+4. SUMMARY MINUTES OF THE AUGUST 30, 2012, LOSSAN JOINT INFORMATION POWERS BOARD / CRCC POLICY COMMITTEE JOINT MEETING (Linda Culp, SANDAG; Pete Rodgers, SLOCOG) (pp. 10-11)
The summary from the joint LOSSAN/CRCC meeting on August 30, 2012, meeting is attached.
+5. CORRIDOR TRENDS (Danny Veeh, SANDAG) (pp. 12-21) INFORMATION
Current statistics on corridor on-time performance, ridership, and revenue is attached.
+6. CORRIDOR MARKETING UPDATE (Danny Veeh, SANDAG) (pp. 22-25) INFORMATION
The summary from the member agency joint marketing staff on September 6, 2012, meeting is attached.
CORRIDORWIDE STRATEGIC IMPLEMENTATION PLAN REPORTS (Items 7 through 8)
+7. SENATE BILL 1225 (Corridor CEOs) (pp. 26-38) INFORMATION
On September 29, 2012, Governor Brown signed Senate Bill 1225 (SB 1225) into law. A final list of letters of support is attached.
2
ITEM # RECOMMENDATION
+8. REVISED DRAFT AMENDED JOINT POWERS AGREEMENT AND APPROVE FOR BYLAWS, AND MANAGING AGENCY SELECTION TIMELINE DISTRIBUTION (Linda Bohlinger, HNTB; Tim McNulty, County Of San Luis Obispo; Linda Culp, SANDAG) (pp. 39-75)
SB 1225 necessitates a number of changes to the LOSSAN governing documents. The Board has reviewed versions of these documents each month since their June meeting, directing staff to accept specific changes at each meeting. The Board of Directors is asked to approve the governing documents for distribution to member agencies for their approval by resolution of their respective boards and approve a revised phasing plan for upcoming work, including selection of the Managing Agency.
REMAINING REPORTS
+9. CORRIDOR CAPITAL PROJECTS STATUS (Linda Culp, SANDAG) INFORMATION (pp. 76-80)
The Board has requested a recurring update on the status of capital improvement projects in the corridor. Staff proposed this update to be done on a quarterly basis.
10. BOARD MEMBER UPDATES INFORMATION
11. NEXT MEETING INFORMATION
The next Board of Directors meeting will be on Monday, November 19, 2012, in Los Angeles, beginning at 12:30 p.m.
+ next to an item indicates an attachment
3
2012 BOARD OF DIRECTORS
County Members Alternates
San Luis Obispo: Fred Strong Jan Howell Marx 1 vote Council Member, Mayor, City of Paso Robles City of San Luis Obispo Member, Member, San Luis Obispo Council of Governments San Luis Obispo Council of Governments
Santa Barbara: Salud Carbajal Helene Schneider 1 vote Supervisor, Mayor, County of Santa Barbara City of Santa Barbara Member, Member, Santa Barbara County Association of Santa Barbara County Association of Governments Governments
Ventura: Keith Millhouse Brian Humphrey 1 vote Mayor Pro Tem, Member, City of Moorpark Ventura County Transportation Commission Member, Ventura County Transportation Commission
Los Angeles: Jacki Bacharach (Vice Chair) Karen Heit 2 votes Representative, Representative, Los Angeles County Metropolitan Los Angeles County Metropolitan Transportation Authority Transportation Authority
Diane DuBois Beatrice Proo Vice Mayor, Representative, City of Lakewood Los Angeles County Metropolitan Member, Transportation Authority Los Angeles County Metropolitan Transportation Authority
Orange: Bill Campbell Christine Compton 2 votes Supervisor, Representative County of Orange Orange County Transportation Authority Member, Orange County Transportation Authority
Jerry Amante Councilmember City of Tustin Member, Orange County Transportation Authority
4
County Members Alternates
San Diego: Chris Orlando Jerome Stocks 2 votes Council Member, Deputy Mayor, City of San Marcos City of Encinitas Chair, Member, North County Transit District North County Transit District
Julianne Nygaard Advisory Representative, North County Transit District
Jerry Rindone Harry Mathis Member, Chair, San Diego County Board of Education Metropolitan Transit System Representative, Member, San Diego Metropolitan Transit System San Diego Metropolitan Transit System
Joe Kellejian (Chair) Mayor, City of Solana Beach Representative, San Diego Association of Governments
Caltrans: Bill Bronte 1 vote Chief, Division of Rail California Department of Transportation
Ex-Officio Members: Amtrak Jonathan Hutchison Amtrak
California High- Vacant Speed Rail Authority California High-Speed Rail Authority
Riverside County Greg Pettis Karen Spiegel Transportation Council Member, Council Member, Commission City of Cathedral City City of Corona Member, Member, Riverside County Transportation Riverside County Transportation Commission Commission
Southern California Paul Glaab Association of Mayor Pro Tem, Governments City of Laguna Niguel Member, Southern California Association of Governments
5 Los Angeles – San Diego – San Luis Obispo (LOSSAN) Rail Corridor Agency JOINT POWERS BOARD
October 15, 2012 AGENDA ITEM NO.: 3
ACTION REQUESTED: APPROVE
AUGUST 30, 2012, MEETING MINUTES File Number 3400600
The LOSSAN Rail Corridor Agency Joint Powers Board met on August 30, 2012, in San Luis Obispo. In attendance were:
Joe Kellejian, SANDAG, Chair Bill Bronte, Caltrans Jacki Bacharach, Metro, Vice Chair Greg Pettis, RCTC Christine Compton, OCTA Diane DuBois, Metro (via telephone) CEOs/Staff: Karen Heit, Metro (alternate) Will Kempton, OCTA Chris Orlando, NCTD (via telephone) Ron DeCarli, SLOCOG Jerry Rindone, SDMTS Linda Culp, LOSSAN Staff Salud Carbajal, SBCAG Tim McNulty, General Counsel Fred Strong, SLOCOG
CHAIR’S REPORT
Joe Kellejian (SANDAG) opened the meeting. Fred Strong (SLOCOG) welcomed everyone to San Luis Obispo.
PUBLIC COMMENT/COMMUNICATIONS
There were no public comments.
JULY 16, 2012, MEETING MINUTES
The minutes were approved on consent.
CORRIDOR TRENDS
The corridor trends item was received on consent.
STATUS OF SENATE BILL 1225
Will Kempton (OCTA) led the discussion on the progress of Senate Bill 1225 (SB 1225). The Business, Transportation, and Housing Agency requested additional amendments to the bill, which have been developed over the past week. Overall, their request centered on consistency with both the San Joaquin bill (Assembly Bill 1779) and Senate Bill 457 (1997). Other changes include revising the
6 deadline of the Interagency Transit Agreement (ITA) from 2014 to 2015. The amended bill was approved by the Assembly Transportation Committee on August 29 and now goes to the Assembly floor and Senate floor for concurrence. These votes must be completed before September 1. Chair Kellejian thanked Mr. Kempton and the Chief Executive Officers (CEOs) for all their hard work and focus on this bill. Mr. Kempton in turned thanked the Board of Directors for their assistance. Board members directed staff to develop a sample letter to the Governor urging his signature that can be distributed to local agencies pending this week’s legislative actions. Board Member Salud Carbajal (SBCAG) asked that since the ITA was pushed to 2014-2015, what happens if the state reduces funding in 2013. Mr. Kempton noted this has always been a concern and noted that the original language specified the level of service at 2012/2013 levels. Amendments change this to 2014. Board Member Bill Bronte (Caltrans) concurred with the date change and noted that additional cuts would be addressed if the November revenue initiatives are not approved by voters.
REVISED DRAFT AMENDED JOINT EXERCISE OF POWERS AGREEMENT AND BYLAWS
Linda Bohlinger (HNTB) presented the revised draft amended joint powers agreement (JPA) and bylaws highlighting the changes since the July Board of Directors meeting. The Board also made additional edits to the documents at the meeting:
Draft JPA Document: Section 7.0: revised language regarding managing agency staff Section 13.2.6: language regarding the Managing Director’s authority to hire and fire to be consistent with the bylaws. Section 17.2.6: language added regarding new requirement for super majority to change cost formulas.
Draft Bylaws: Article IV, Section D: revised language regarding Managing Direction evaluation
Tim McNulty, LOSSAN legal counsel, reminded the Board that the votes were not to approve the documents at this time, only direct staff to accept changes. The Board, by separate votes of 7-0-1, respectively, directed staff to accept all changes to the draft amended JPA and bylaws.
MANAGING AGENCY PROPOSED SELECTION PROCESS AND TIMELINE
Linda Culp (LOSSAN Staff) outlined the proposed Request for Proposals (RFP) process and timeline for selecting the Managing Agency and changes since the Board’s July meeting, based on comments from the staff working group and CEOs:
All voting and ex-officio, and technical members are eligible to apply. The cost for the start-up period, estimated at $500,000, will be shared among agencies. The CEOs are currently discussing the split. A criterion was added for Total Cost of the Program. Points were taken from the other categories. Revisions were made to the organization chart to better reflect reporting relationships. A change was made from staff appointing the selection committee working group to the LOSSAN Chair appointing members. Minor revisions were made to the schedule.
7
Chair Kellejian (SANDAG) noted that the timeline did appear to be aggressive, calling for a December approval and finalization of the agreement between LOSSAN and the Managing Agency by February 2013, although we do need to keep this moving. He suggested extending the agreement deadline out from February 1, 2013, to March 15, 2013. Vice Chair Bacharach (Metro) agreed. Board Member Strong said he was confident the Governor will sign SB 1225, although understands that the RFP is contingent upon his signature. Jerry Rindone (SDMTS) noted that the November 9, 2012 deadline for proposals was too soon after the November general election, and specifically knowing the outcome of the Governor’s tax initiatives, which may be a factor in an agency’s ability to submit a proposal. Vice Chair Bacharach was unclear on the connection between these two events.
Chris Orlando (NCTD) questioned the urgency in the schedule given recent amendments to SB 1225, which push the deadline for the Interagency Transfer Agreement (ITA) from 2014 to 2015. Mr. McNulty noted that the new JPA would be enacted in 2013 and that a Managing Agency would need to be selected in order to negotiate the ITA. Ms. Culp noted that SANDAG is interested in transitioning the administrative staffing for LOSSAN to the Managing Agency before July 2013.
Vice Chair Bacharach also inquired about when a Managing Director needs to be named and if this needs to be part of the member agency’s proposal. Ms. Bohlinger noted that the member agency does not need to list names on the organization chart when a proposal is submitted. Vice Chair Bacharach also questioned the amount of points given to the criteria, and thought giving 70 points to administrative capabilities was high and 15 points to Program Cost was low. She also asked why the Managing Agency needs to be physically located along the corridor. Greg Pettis (RCTC) noted that this would exclude RCTC from receiving potentially full points if they were to submit a proposal. Board Member Strong noted that an agency could establish a separate office on the corridor. Ms. Bohlinger suggested wording could be added to say along the corridor or alternative location. Vice Chair Bacharach also suggested a reference to the draft Bylaws be added regarding the duties of the Managing Director. Christine Compton (OCTA) asked if a reference was possible given the Bylaws have not yet been approved. Mr. McNulty responded it was possible. Board Member Orlando asked for a legal opinion on whether member agencies planning on submitting proposals could be discussing changes to the evaluation criteria. Mr. McNulty responded that it was unclear on how to have this discussion another way and that all agencies were hearing the discussion on criteria.
Chair Kellejian discussed his thoughts on the members of the evaluation committee and will be looking to appoint three members from LOSSAN (Board, CEOs, and/or TAC members), one staff member from the Capital Corridor, and one additional staff member from another rail corridor agency.
Ms. Culp summarized the proposed changes to the attachments: Extend the due date for proposals to November 16, 2012 Extend the proposed start date for the Managing Agency to March 15, 2013 Include guidance in terms of which agencies can sit on the evaluation committee and which can vote on the final approval of the Managing Agency. Add language in terms of when/how the Managing Director will be selected and add reference to draft Bylaws in terms of how they will be selected.
8 Revise language regarding the physical location of the Managing Agency. Revise the point system on evaluation criteria to 30 points (Capabilities), 20 points (Administrative Experience), 25 points (Program Cost), and 20 points (Corridor Experience).
The Board voted 6-1-1 to approve the proposed selection process and RFP, including these changes.
AMTRAK PRICING OVERVIEW
Sheryl Richards (Amtrak) provided an overview of Amtrak’s fare pricing policies and specifically the fare pricing approach to the Pacific Surfliner corridor. She reviewed the two basic types of approaches in terms of either reserved and revenue managed or unreserved. The Surfliner service is an unreserved service with the exception of business class where reservations are required. Generally Caltrans and Amtrak increase fares once per year although 2011-2012 has been a unique situation where fares have been raised twice since September 2011. For example, the fare change that eliminated the off-peak seasonal prices resulted in more than $2 million in additional revenue. However, ridership losses due to this fare change were estimated at three percent. Ms. Richards contrasted this system with that of the San Joaquin corridor, which is a reserved fare system.
BOARD MEMBER UPDATES
Vice Chair Bacharach asked for a regular capital update report to be added to the consent agenda.
Ms. Culp noted that Board Members also received a hardcopy of the current joint timetable, which is now available at www.lossan.org/timetable. Member agencies are also in the process of adding links to their individual member websites. She thanked NCTD for heading up the design of the first ever joint timetable. She also noted that SANDAG plans to no longer mail hardcopy Technical Advisory Committee (TAC) meeting agendas to the Board, which has been done for several years as an FYI. The Board will continue to receive electronic versions.
NEXT MEETING
The next LOSSAN Board of Directors meeting is scheduled for Monday, September 17, 2012, in Los Angeles.
Key Staff Contact: Linda Culp, (619) 699-6957, [email protected]
9 Los Angeles – San Diego – San Luis Obispo (LOSSAN) Rail Corridor Agency JOINT POWERS BOARD
October 15, 2012 AGENDA ITEM NO.: 4
ACTION REQUESTED: INFORMATION
SUMMARY MINUTES OF THE AUGUST 30, 2012, File Number 3400600 LOSSAN JOINT POWERS BOARD / CRCC POLICY COMMITTEE JOINT MEETING
The LOSSAN Rail Corridor Agency Joint Powers Board and Coast Rail Coordinating Council (CRCC) Policy Committee held a joint meeting on August 30, 2012 in San Luis Obispo. In attendance were:
LOSSAN Members: George Dondero, SCCRTC (via telephone) Joe Kellejian, SANDAG, Chair LOSSAN/CRCC Members: Jacki Bacharach, Metro, Vice Chair Salud Carbajal, SBCAG Jerry Rindone, SDMTS Fred Strong, SLOCOG Karen Heit, Metro (alt.) Christine Compton, OCTA (alt.) CEOs/Staff: Bill Bronte, Caltrans Ron DeCarli, SLOCOG Greg Pettis, RCTC Pete Rodgers, SLOCOG Chris Orlando, NCTD (via telephone) Christina Watson, TAMC Linda Culp, SANDAG/LOSSAN CRCC Members:
Dave Potter, Monterey County, Chair John Shoals, Grover Beach, Vice Chair
WELCOME REMARKS
CRCC Policy Committee Chair Dave Potter opened the meeting and SLOCOG President and CRCC Member Fred Strong welcomed everyone to San Luis Obispo.
STATUS OF COAST DAYLIGHT
Pete Rodgers (SLOCOG/CRCC) discussed the status of the Coast Daylight train, daily intercity passenger rail service proposed between Los Angeles and downtown San Francisco. His presentation covered past accomplishments and products completed to date. Ultimately, initiating the new train service will require three major components:
Train Equipment Operating Funds Track Access and Capital Improvements
10 LOSSAN Chair Joe Kellejian asked if the future train would continue on to San Diego once arriving in Los Angeles or whether passengers would need to transfer. Mr. Rodgers said the train should ideally continue on to San Diego. Mr. Kellejian recommended including San Diego in future print material.
STATEWIDE CONNECTIVITY AND EMERGING CORRIDORS UNDER SENATE BILL 1225 (SB 1225) AND ASSEMBLY BILL 1779 (AB 1779)
Mr. Rodgers summarized two recent state bills to transfer local authority for the Pacific Surfliner and San Joaquin services from Caltrans to the LOSSAN Joint Powers Authority (SB 1225) and new San Joaquin Joint Powers Authority (AB 1779) respectively. Both bills are progressing through the State Senate and Assembly.
Of particular interest to the CRCC was the question about what will happen to state support for emerging corridors such as the Coast Corridor, should these bills be made law. Both bills do currently include provisions for a continued state role in all intercity corridors. Bill Bronte (Caltrans) stated that Caltrans will continue to have a role at both a statewide level and for the specific planning related to emerging corridors. Ron DeCarli (SLOCOG) asked about any major changes in the State Rail Plan related to this issue. Mr. Bronte does not believe there will be significant changes; in fact, this portion of the plan may be strengthened over past plans.
UPCOMING JOINT COORDINATION AND ADVOCACY OPPORTUNITIES
Linda Culp (SANDAG/LOSSAN) provided an overview of this item and noted that the state’s three existing and one emerging corridor rail boards have teamed up for the past eight years for joint advocacy in Sacramento and Washington on common intercity rail issues. Caltrans and Amtrak also participate in these activities. Staff recently discussed a potential schedule for activities this fiscal year and believes the focus should be on (1) continued state operations and capital funding for the intercity rail program and (2) general education of the state’s program, particularly in light of SB 1225 and AB 1779. In terms of timing, Ms. Culp noted that staffs have discussed waiting until after the November elections and to hold at least joint staff level meetings with key administration staff in December. The annual spring meeting would include the annual Chairs/Vice Chairs meeting and joint legislative visits. Jacki Bacharach (LOSSAN) agreed with this plan but also noted that it would be a good idea to provide corridor tours for legislators and staff to see the corridor conditions firsthand. Board Member Bacharach noted that a discussion of emerging corridors should also be incorporated into the message points. Board Member Strong noted the increased operations costs associated with PRIIA Section 209 and the need to incorporate this message into the joint visits in Washington.
STATUS OF LOSSAN NORTH SERVICE DEVELOPMENT PLAN AND ENVIRONMENTAL WORK, STATE RAIL PLAN
Mr. Bronte provided a summary of these documents and updated schedule. The initial chapters of the State Rail Plan are under internal review and an Advisory Committee meeting has been scheduled for September 19, 2012, in Sacramento. The corridor is represented by Pete Rodgers (CRCC), Scott Spaulding (LOSSAN North), and Linda Culp (LOSSAN South) on this staff-level committee. An administrative draft of the State Rail Plan is scheduled to be available in early 2013.
Key Staff Contacts: Linda Culp, (619) 699-6957, [email protected] Pete Rodgers, (805) 781-5712, [email protected]
11 Los Angeles – San Diego – San Luis Obispo (LOSSAN) Rail Corridor Agency JOINT POWERS BOARD
October 15, 2012 AGENDA ITEM NO.: 5
ACTION REQUESTED: INFORMATION
CORRIDOR TRENDS File Number 3400600
Introduction
This report includes statistics that measure ridership, revenue, on-time performance (OTP), and Customer Satisfaction Index (CSI) for the passenger rail services on the LOSSAN Corridor, including the Pacific Surfliner, Coast Starlight, Metrolink, and COASTER. The Capitol Corridor, San Joaquin, and Amtrak overall figures are included for comparison purposes.
Surfliner Express
Amtrak and Caltrans launched the Pacific Surfliner Express Service on February 15, 2011, converting Train 565 between San Diego and Los Angeles to an express train with intermediate stops at Solana Beach, Oceanside, Irvine, and Anaheim.
In August 2012, the Surfliner Express ridership was 36 percent lower than August 2011, with an average of 179 passengers per train. September ridership was not yet available. OTP has improved drastically from 47.6 percent in July, to 69.9 percent in August, and ultimately 100 percent in September. The BNSF Railway tie replacement track work between Los Angeles and Fullerton was completed in July, but OTP on the Surfliner Express is still a bit low due to the use of the single level train set every day as well as other track work and slow orders throughout the corridor. OTP improved in September due to a new equipment rotation that limits the use of the single-level train set to every other day and the removal of slow orders.
Surfliner Express Average Daily Ridership & OTP 350 100.0% 300 80.0% 250
Ridership 60.0% 200 OTP
Daily 150 40.0% 100 Ridership 20.0%
Average 50 OTP 0 0.0% 12 11 12 11 11
Feb Feb Aug 12 Aug 11 Nov May May
12 Ridership
On a statewide basis, ridership on intercity trains hit an all-time high for Amtrak in FY 2012. The San Joaquin and Capitol Corridor services experienced increases of seven and two percent respectively, while Pacific Surfliner ridership declined five percent for the year.
Specifically when compared to the previous year, the Pacific Surfliner experienced declining ridership in ten of the last twelve months but ridership increased in September by 0.8 percent. As reported in previous reports the reasons for the drop in ridership on the Pacific Surfliner are a 17 percent drop in Metrolink Rail2Rail passengers compared to last year, residual impacts from the low OTP due to the extraordinary amount of track work, and there was a two percent fare increase in August.
The Coast Starlight ridership has improved for twelve consecutive months relative to the previous year with an increase of 7.8 percent in September. After more than two years of positive growth, the Capital Corridor has had a decline in ridership for the past four months with an 8.9 percent decline in September. The San Joaquin experienced a positive ridership growth with a 7.8 percent increase in September. Nationwide Amtrak ridership had a positive growth in ridership with a 4.1 percent increase in September.
For the commuter rail services on the LOSSAN corridor, the COASTER experienced more than a full year of substantial double-digit increases in ridership from March 2011 through March 2012. This year to year growth has leveled level off and even declined by 5.5 percent in September. Metrolink ridership was also down 2.9 percent in September. One reason for the drop in commuter rail ridership is the fact that there were two fewer weekdays in 2012 compared to 2011. Metrolink also had a fare increase in August.
One factor in effecting ridership on the Pacific Surfliner and COASTER was the absolute work window on the weekend of September 8 which shut down south of Oceanside. COASTER service was canceled and Amtrak transferred passengers on a bus bridge to Solana Beach, Old Town, and San Diego.
13 Change In Passenger Rail Ridership
Pacific Capitol Coast Amtrak Surfliner Corridor San Joaquin Starlight Nationwide Metrolink COASTER 20%
15% Year 10%
Previous 5%
0% From
‐5% Change ‐10%
‐15%
Apr 2012 May 2012 Jun 2012 Jul 2012 Aug 2012 Sep 2012
Change In Ridership of Corridor Passenger Rail Service Previous 12 Months 35%
Year 25%
Previous 15% From 5% Change ‐5%
‐15% 11 11 11 12 12 12 12 12 12 12 12 12 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Jul Jan Jun Oct Apr Feb Sep ‐ Dec Aug ‐ Nov Mar ‐ May
Pacific Surfliner Coast Starlight Metrolink COASTER
14 Monthly Statewide Intercity Passenger Ridership 350
300
250
200
Thousands 150
100
50
0 12 11 12 10 11 09 10 08 09 11 12 10 11 09 10 08 09
Jul Jul Jul Jul Jul Jan Jan Jan Jan Oct Oct Oct Oct Apr Apr Apr Apr Pacific Surfliner San Joaquins Capitol Corridor
Total LOSSAN Ridership 800,000
700,000
600,000
500,000
400,000
300,000
200,000
100,000
0 Sep 11Oct 11 Nov Dec Jan 12Feb 12 Mar Apr 12 May Jun 12 Jul 12 Aug Sep 12 11 11 12 12 12
Pacific Surfliner Orange County Line Ventura County Line COASTER
15 Revenue
Despite the downward trend in ridership over the past year, the Pacific Surfliner was able to maintain positive increases in revenue each month except July 2012. In September, the Surfliner revenue was 8.2 percent higher than September last year. A two percent fare increase in August helped increased revenues on the Surfliner. Caltrans opted to enact a flat two percent fare increase for all trains rather than a proposed ten percent weekend fare increase. For the federal fiscal year 2012, revenue was up by six percent.
Revenue on the Capitol Corridor was up 3.5 percent in September while the San Joaquin was up 3.0 percent. The Coast Starlight recorded a slight increase in revenue with a 0.8 percent gain. Amtrak nationwide had a 7.4 percent revenue gain.
Pacific Surfliner Ridership and Revenue 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% ‐5.0% ‐10.0% ‐15.0% 12 12 12 12 12 12 11 12 11 12 11 12 11
Jul Jan Jun Oct Apr Sep Feb Sep Dec Aug Nov Mar May
Revenue Ridership
16 Change In Intercity Passenger Revenue
Amtrak Pacific Surfliner Capitol Corridor San Joaquin Coast Starlight Nationwide 15%
Year 10%
5% Previous
From 0%
Change ‐5%
‐10%
Apr 2012 May 2012 Jun 2012 Jul 2012 Aug 2012 Sep 2012
17 OTP
The overall Pacific Surfliner OTP rebounded significantly in September to 84.6 percent, which marks the highest monthly OTP since February 2011. LOSSAN North performed better with a 95.9 percent than LOSSAN South with an 85.8 percent. The BNSF tie project between Los Angeles and Fullerton ended on July 26, 2012, however there are still slow orders in place throughout the corridor due to ongoing construction projects. Another factor for OTP is the Del Mar race season in July and August. During race season a second single level set was added to the Pacific Surfliner equipment rotation to meet the high ridership demands. The single level equipment experiences more frequent delays due to boarding passengers, especially ADA passengers, which require the use of a manual lift. Amtrak also adds a “Del Mar Block”, which includes an extra locomotive, an extra Business Class car, a Cross County Café car, and an extra Coach car to some busy trains to increase passenger comfort and avoid standing room only.
The COASTER OTP also improved significantly to 99.1 percent in September. Metrolink OTP in September was up to 96.2 percent for all lines. The Ventura County Line OTP was 98.0 percent in while the Orange County Line OTP was 96.2 percent in September. The Orange County Line OTP improved over July and August due primarily to the elimination of speed restrictions between Fullerton and Los Angeles.
The October 1, 2012, schedule change includes several small changes to the Amtrak, Metrolink, and COASTER schedules to help improve train meets and adjust dwell times that should improve OTP.
As discussed in previous meetings, the methodologies between calculating OTP for intercity and commuter services are different. Commuter trains are considered late if they are six or more minutes late to the terminal location. Pacific Surfliner trains are considered late if they arrive 10 or more minutes after their scheduled time for trains operating between Goleta and San Diego, and 20 or more minutes after their scheduled time for trains operating between San Luis Obispo and San Diego. There also are different assumptions as to whether annulled trains are included in OTP calculations.
18 On‐Time Performance of
100.0% Corridor Passenger Rail Services 95.0% 90.0% 85.0% 80.0% 75.0% 70.0% 65.0% 60.0% 55.0% 12 12 12 12 12 12 11 12 12 11 12 11
Jul Jan Jun Oct Apr Sep Feb Dec Aug Nov Mar May
Coast Starlight Metrolink COASTER Pacific Surfliner
On‐Time Performance of LOSSAN North and LOSSAN South
100.0% 95.0% 90.0% 85.0% 80.0% 75.0% 70.0% 65.0% 60.0% 55.0% 50.0% 12 12 12 12 12 12 11 12 12 11 12 11
Jul Jan Jun Oct Apr Sep Feb Dec Aug Nov Mar May
Surfliner North Surfliner South Ventura County Line Orange County Line
19 CSI
The Pacific Surfliner CSI has decreased for three consecutive months with an average score of 86 for August 2012. The lowest scores on the Surfliner were related to restroom odor and cleanliness of windows. There is a noted correlation between OTP and CSI therefore the low OTP in July and August have likely effected the CSI scores. Attachment 1 is the Pacific Surfliner CSI summary sheet for August 2012.
The Coast Starlight average CSI was 84. The Capitol Corridor had an average score of 91 in August. The San Joaquin corridor improved to 91. The nationwide Amtrak average was 86.
Amtrak Overall Customer Satisfaction Index (CSI)
Surfliner Coast Starlight Capitol Corridor San Joaquin All Amtrak 100
95 Score 90 Average 85 CSI
80
75
Mar‐12 Apr‐12 May‐12 Jun‐12 Jul‐12 Aug‐12
Attachment: 1. Pacific Surfliner CSI Summary Sheet – August 2012
20 Pacific Surfliner FY12 Customer Satisfaction Scores (with change vs year ago)
August 2012 3 Month Average Fiscal Year-to-Date FY12 Goal*: 89% % Very % Very % Very % Very % Very % Very FY11 Year-End Score*: 86% Satisfied Dissatisfied** Average Satisfied Dissatisfied** Average Satisfied Dissatisfied** Average (80, 90, 100) (0, 10, 20) Score (80, 90, 100) (0, 10, 20) Score (80, 90, 100) (0, 10, 20) Score CSI Chg. CSI Chg. CSI Chg. CSI Chg. CSI Chg. CSI Chg. CSI Chg. CSI Chg. CSI Chg.
Overall CSI 87% +3 4% +1 88 +1 87% +2 3% +1 89 +1 86% 0 2% 0 89 0
Value of Amtrak service for price paid 84% +3 4% -1 86 +1 83% -1 2% -1 86 -1 82% -2 3% +1 86 -1
Trip information prior to boarding train 85% +2 5% +1 88 0 88% -2 4% +1 90 -1 88% -1 3% +1 90 -1
Comfort of seat 83% +3 0% 0 86 -1 87% +2 1% 0 88 0 85% +2 1% 0 87 0 Smooth/comfortable ride 87% -3 1% 0 89 -1 88% -1 1% 0 90 0 87% 0 1% 0 89 -1 Air temperature 86% +5 1% 0 88 +1 87% 0 1% 0 89 0 86% 0 1% 0 88 -1
Overall cleanliness of train 81% -2 2% +1 85 -1 85% +1 2% +1 88 +1 83% +1 1% 0 87 +1 Cleanliness of train windows 60% -9 3% +2 76 -4 65% -2 3% -1 79 0 65% +1 5% 0 78 +1 Restroom cleanliness 59% -3 2% -2 77 0 68% +4 4% +1 79 +2 64% -2 5% +2 77 -1 Restroom odor 54% -8 2% -3 74 -1 65% +4 6% 0 76 +2 63% 0 7% +1 75 0
Information given on services/safety 72% -3 4% -1 81 -2 72% -2 4% 0 82 -1 73% 0 3% 0 82 0 Information given on problems/delays 80% +4 5% 0 84 +2 81% +3 5% +1 85 +1 80% -1 4% +1 85 0
21 Clarity of announcements 70% +1 3% -3 81 +2 73% +2 4% -1 82 +2 73% +1 4% 0 82 +1
On-time performance 78% +1 7% -1 81 0 82% 0 5% 0 85 0 81% -2 5% +1 85 -1
Personal security on the train 82% -2 0% -1 88 0 89% +1 1% -1 91 +2 89% +2 1% -1 91 +2
Friendliness/helpfulness of train conductors 85% +1 2% -3 88 +3 85% -1 4% 0 87 0 85% +1 2% -1 89 +1
Availability of food in café car 74% +16 0% -5 81 +5 74% +16 1% -3 83 +7 67% +2 3% -1 79 +1 Friendliness/helpfulness of café car personnel 91% +13 0% 0 91 +6 87% +9 1% -1 89 +4 85% 0 2% +1 88 0 Quality/freshness of food in café car 77% +11 0% -5 83 +5 78% +11 0% -4 85 +6 71% +1 3% -1 80 0 Variety of food items in café car 59% 0 5% 0 78 +6 61% +7 3% -5 77 +7 56% +3 6% -1 72 +1 Overall experience in café car 82% +14 0% -5 85 +7 78% +11 0% -4 85 +6 74% -1 2% 0 82 0
Overall Wi-Fi service 58% 7% 73 57% 11% 72 Ease of accessing Wi-Fi service (sign-on process) Due to the lower response rates for the 68% 5% 79 67% 8% 78 Wi-Fi questions, scores for these Ability to perform online activities 59% 11% 71 58% 14% 71 attributes will not be reported at the Ability to stay connected to Wi-Fi service monthly level. 56% 14% 69 54% 15% 68 Time it takes to load/access websites, emails, etc. 49% 12% 67 53% 14% 68
Number of responses in current period 95 333 1,148
Number of responses year ago 104 326 1,224 * Overall CSI score, % very satisfied ** For % Very Dissatisfied, a negative change in the year-over-year score shows an improvement; a positive change shows the score has worsened.
Amtrak Market Research and Analysis Confidential and Proprietary - 44 - Los Angeles – San Diego – San Luis Obispo (LOSSAN) Rail Corridor Agency
JOINT POWERS BOARD
October 15, 2012 AGENDA ITEM NO.: 6
Action Requested: INFORMATION
CORRIDOR MARKETING UPDATE File Number 3400600
Introduction
Joint meetings of the LOSSAN member agency marketing and communications staff was identified as one of the improvements in the LOSSAN Corridor Quick Improvements Study. The tenth bimonthly marketing/communications/planning staff meeting was held on September 6, 2012, with staff from Amtrak, Caltrans, Metrolink, NCTD, Metro, OCTA, SANDAG, and VCTC to discuss current marketing efforts and future joint marketing opportunities. The following is the meeting summary.
Joint Timetable Promotion
The LOSSAN corridorwide joint timetable combines the schedules of Amtrak, Metrolink, and COASTER trains that operate on the LOSSAN Corridor. The joint timetable was posted online in August and is currently available to download at www.lossan.org/timetable. Now that the timetable has been finalized, efforts have shifted to marketing and promotion with the goal of informing passengers about the new timetable and directing them to the website. The following includes a list of the marketing activities that are taking place.
Links added to member agency websites – To date, the timetable has been posted to the LOSSAN/SANDAG website, Metro, and NCTD. All other LOSSAN member agencies expect to have links posted soon.
Social Media – SANDAG has begun a social media campaign by making posts on Facebook and Twitter promoting the timetable. All other LOSSAN member agencies have been encouraged to promote the timetable with their social media outlets.
Press, Blogs, and Newsletters – The joint timetable has been mentioned on LA Streetsblog (la.streetsblog.org), on LA Metro’s blog “The Source” (thesource.metro.net), in RailPAC’s Newsletter, and in SANDAG’s electronic newsletter rEgion. Metro and Metrolink plan to include an article/advertisement about the timetable in their next monthly newsletter and all other LOSSAN member agencies are encouraged to do the same. Communications staff is also developing a joint LOSSAN press release to announce the joint timetable to mainstream media.
Flyers and Seat Drops – Staff has developed a flyer/seat drop (Attachment 1) with the goal that it will be distributed onboard Pacific Surfliner, Metrolink, and COASTER trains and available at all LOSSAN stations. Seat drops will be provided on COASTER trains. The flyers will be placed in brochure holders onboard Pacific Surfliner and COASTER trains, and at all Amtrak stations.
22 Metrolink will be highlighting the joint timetable in their monthly Metrolink Matters newsletter which is distributed onboard trains and will be posting flyers inside the map cases at all Metrolink stations. Costs for printing the flyers range from $1,000 to $4,000. Staff discussed the possibility of sharing this cost between LOSSAN agencies.
Agency Initiatives
Pacific Surfliner – Amtrak is collaborating with eleven universities along the LOSSAN corridor to promote the student advantage 20 percent discount program. There are several upcoming special events that Amtrak is promoting including the Central Coast Railroad Festival, the Avocado Festival, Carmageddon 2, Kids Free San Diego, San Diego Film Festival, Chargers partnership with San Diego Trolley, Oceanside Harbor Days, and coordination with the Los Angeles Tourism & Convention Board. Caltrans is also promoting the Cleopatra exhibit, Del Mar Race train, and September as statewide rail safety month.
Metrolink – Metrolink is promoting Hispanic Heritage Month, University of Southern California football games with connections via the new Expo Line, adding service for Carmageddon 2, promoting the San Clemente Seafest, accommodating extra bicycles for the next CicLAvia event, and promoting the Breeders Cup with a horse racing themed wrapped car. There is also partnership with Caltrans for billboards promoting Metrolink along the I-5 corridor and with NCTD to extend Metrolink service from Oceanside to San Diego. Metrolink has been actively promoting group and school trips.
Orange County – OCTA continues to work with Metrolink on the Angels Express train and there is a Ducks Express service that is in the works for hockey season. A new parking structure in Fullerton recently opened with 814 spaces and there are events planned to encourage people to use the new facility.
COASTER – NCTD is promoting the San Diego Festival of Beer and promoting more student travel. There is a five-year anniversary event planned for the SPRINTER.
Corridor Communications and Construction Windows
There will be a track closure south of Oceanside for September 8-9 due to construction of a pedestrian undercrossing in Encinitas. All train service will be disrupted south of Oceanside and bus bridges will be in place to accommodate passengers traveling between Oceanside and San Diego. The same weekend there will be track work in Anaheim effecting Amtrak and Metrolink service.
Next year, there will be a planned track closure to accommodate work at the Oceanside Transit Center. SANDAG is developing a plan to minimize the disruptions to passengers on COASTER, SPRINTER, Metrolink, and Amtrak trains.
Attachment: 1. LOSSAN Timetable Flyer
Key Staff Contact: Danny Veeh, (619) 699-7317, [email protected]
23 Find new connections with the… Southern California Passenger Rail TIMETABLE The Southern California Passenger Rail timetable combines the schedules of Amtrak Paci c Sur iner trains, COASTER trains, and Metrolink trains for travel between:
San Luis Obispo County Kern • San Luis Obispo County Santa Barbara San Bernardino County County • Santa Barbara Ventura County Los Angeles • Ventura County
• Los Angeles Riverside PACIFIC OCEAN Orange County • Orange County County San Diego • San Diego County N
Download the timetable at: lossan.org/timetable
24 Download the timetable at: lossan.org/timetable
25 Los Angeles – San Diego – San Luis Obispo (LOSSAN) Rail Corridor Agency JOINT POWERS BOARD
October 15, 2012 AGENDA ITEM NO.: 7
Action Requested: INFORMATION
SENATE BILL 1225 File Number 3400600
Introduction
Between the time Senate Bill 1225 was passed by the Assembly and Senate and signed by Governor Brown, a number of agencies had written letters of support:
LOSSAN Rail Corridor Agency Orange County Business Council SLOCOG Mobility21 VCTC Metrolink Los Angeles County Business Federation SCAG Los Angeles Area Chamber of Commerce MTS Central Valley Rail Working Group Gateway Cities Council of Governments San Joaquin Regional Rail Commission City of Los Angeles San Joaquin Regional Valley Planning City of Norwalk Agencies’ Directors’ Committee Capitol Corridor JPA OCTA City of San Luis Obispo Metro OrangeLine Development Authority SBCAG Burbank Glendale Pasadena Airport Authority
The final version of the bill is included as Attachment 1 for the Board’s information. A similar bill for the San Joaquin service, Assembly Bill 1779, was also signed by the Governor on September 29, 2012.
The bill’s author, Senator Alex Padilla, issued a press release following the Governor’s action (Attachment 2). LOSSAN followed up with a corridor press release the following week (Attachment 3).
Attachments: 1. SB 1225 Chaptered, September 29, 2012 2. News from the Office of Senator Alex Padilla 3. LOSSAN News
Key Staff Contact: Linda Culp, (619) 699-6957, [email protected]
26 Senate Bill No. 1225
CHAPTER 802
An act to amend Sections 14031.8, 14070.2, 14070.4, and 14070.6 of, to add Section 14070.7 to, and to repeal and add Article 5.2 (commencing with Section 14072) of Chapter 1 of Part 5 of Division 3 of Title 2 of, the Government Code, relating to transportation.
[Approved by Governor September 29, 2012. Filed with Secretary of State September 29, 2012.]
legislative counsel’s digest SB 1225, Padilla. Intercity rail agreements. Existing law authorizes the Department of Transportation to contract with Amtrak for intercity rail passenger services and provides funding for these services from the Public Transportation Account. Existing law, until December 31, 1996, authorized the department, subject to approval of the Secretary of Business, Transportation and Housing, to enter into an interagency transfer agreement under which a joint powers board assumes responsibility for administering the state-funded intercity rail service in a particular corridor. Existing law, with respect to a transferred corridor, requires the board to demonstrate the ability to meet performance standards established by the secretary. This bill would authorize the department, with approval of the secretary, to enter into interagency transfer agreements for additional intercity rail corridors, to be entered into between June 30, 2014, and June 30, 2015. The bill would require the agreements to cover the initial 3-year period after the transfer, and would authorize subsequent extensions by mutual agreement. If agreements are not entered into by the expiration of that period, the bill would require the secretary to report to the Governor and the Legislature by June 30, 2016, as specified. This bill would specifically authorize an additional interagency transfer agreement to be entered into with respect to the LOSSAN Corridor, defined to mean the intercity passenger rail corridor between San Diego, Los Angeles, and San Luis Obispo, if the LOSSAN Agency, an existing joint powers agency, is reconstituted through an amended joint powers agreement approved by the governing boards of its members to enable that agency to enter into an interagency transfer agreement with the secretary relative to the LOSSAN Corridor. Existing law requires the level of service to be funded by the state pursuant to a transfer agreement to not be less than the current number of intercity round trips operated in a corridor and serving the same endpoints. This bill would require the service funded by the state to remain the same during the first 3 years following the effective date of a transfer agreement,
89
27 Ch. 802 — 2 — and would require the entity assuming responsibility for a corridor to provide that level of service. The bill would prohibit termination of feeder bus services except for specified reasons. Existing law provides for the allocation of state funds by the secretary to a joint powers board under an interagency transfer agreement based on the annual business plan for the intercity rail corridor and subsequent appropriation of state funds. Existing law states that the interagency transfer agreement may provide that any additional funds required to operate the intercity rail service during a fiscal year shall be provided by a joint powers board from jurisdictions that receive service. This bill, if local resources are made available for operating the intercity rail service, would require a vote of the local agency providing the resources, and would require the concurrence of the joint powers board in that regard. This bill would authorize the secretary to adopt new performance standards for intercity rail services. Existing law authorizes the department and any entity that assumes administrative responsibility for passenger rail services through an interagency transfer agreement to contract with specified entities for the use of tracks and other facilities and for the provision of passenger rail services. This bill would require a contractor under an agreement described above to agree that its labor relations shall be governed by a specified federal act relating to labor relations on railroads and would add similar provisions applicable to the LOSSAN Corridor, as specified. This bill would repeal now-obsolete provisions authorizing the Southern California Regional Rail Authority to be a party to an interagency transfer agreement for intercity rail services in specified counties.
The people of the State of California do enact as follows:
SECTION 1. This act shall be known and may be cited as the Intercity Passenger Rail Act of 2012. SEC. 2. (a) The Legislature finds and declares all of the following: (1) An intercity passenger rail system, linking major urban centers and complemented by feeder bus services that provide access to outlying areas and destinations, is an important element of the state’s transportation system, and shall remain a state-funded program. (2) The state has a continuing interest in the provision of cost-effective intercity passenger rail services and has a responsibility to coordinate intercity passenger rail services statewide. (3) Since 1976, the state has invested over one billion eight hundred million dollars ($1,800,000,000) in capital improvements and operating support for intercity passenger rail service and must ensure the protection of that investment. (4) Intercity rail service and ridership increases will result in more jobs, improve air quality, and help promote sustainable development.
89
28 — 3 — Ch. 802
(b) The Legislature, through the enactment of this act, intends all of the following: (1) The Secretary of Business, Transportation and Housing shall be responsible for the overall planning, coordination, and budgeting of the intercity passenger rail service. (2) If the secretary determines that transferring responsibility for intercity passenger rail service in a particular corridor or corridors to a statutorily created joint powers agency would result in administrative or operating cost reductions, the secretary may authorize the Department of Transportation to enter into an interagency transfer agreement to effect a transfer of those administrative functions, consistent with this act. (3) Any intercity passenger rail corridor for which administrative responsibility has been transferred to a joint powers board through an interagency transfer agreement shall remain a component of the statewide system of intercity passenger rail corridors. (4) The public interest requires expansion of the state intercity passenger rail program in order to keep pace with the needs of an expanding population. (5) For not less than a three-year period following the effective date of the interagency transfer agreement, the level of state funding for intercity rail service in each corridor shall be maintained at a level equal to at least the level of service funded by the state in the corridor as of the effective date of the interagency transfer agreement, thus providing fiscal stability that will allow appropriate planning and operation of these services. (6) It is in the public interest to ensure fiscal accountability that the intercity rail service operating in the LOSSAN Corridor maintain a ratio of fare revenue to operating cost of no less than 55 percent. SEC. 3. Section 14031.8 of the Government Code is amended to read: 14031.8. (a) The Secretary of Business, Transportation and Housing shall establish, through an annual budget process, the level of state funding available for the operation of intercity passenger rail service in each corridor. (b) Where applicable, operating funds shall be allocated by the secretary to the joint powers board in accordance with an interagency transfer agreement that includes mutually agreed-upon rail services. Funds for the administration and marketing of services, as appropriate, shall also be transferred by the secretary to the joint powers board, subject to the terms of the interagency agreement. (c) The joint powers board or local or regional entities may augment state-provided resources to expand intercity passenger rail services, or to address funding shortfalls in achieving agreed-upon performance standards. The joint powers board or local or regional agencies may, but shall not be required to, identify and secure new supplemental sources of funding for the purpose of expanding or maintaining intercity rail passenger service levels, which may include state and federal intercity rail resources. Local resources may be available to offset any redirection, elimination, reduction, or reclassification by the state of state resources for operating intercity passenger rail services identified in subdivision (b) only if the local resources
89
29 Ch. 802 — 4 — are dedicated by a vote of the local agency providing funds, with the concurrence of the joint powers board. (d) The department may provide any support services as may be mutually agreed upon by the joint powers board and the department. (e) Operating costs shall be controlled by dealing with, at a minimum, the Amtrak cost allocation formula and the ability to contract out to Amtrak or other rail operators as a part of federal legislation dealing with Amtrak reauthorization. (f) (1) Not later than June 30, 2014, the secretary shall establish a set of uniform performance standards for all corridors and operators to control cost and improve efficiency. (2) To the extent necessary, as determined by the secretary, performance standards may be modified not later than July 30, 2015, or the effective date of the interagency transfer agreement, whichever comes first. (3) Feeder bus services that provide connections for intercity rail passengers shall not be terminated unless the bus services fail to meet the cost-effectiveness standard described in paragraph (3) of subdivision (a) of Section 14035.2. SEC. 4. Section 14070.2 of the Government Code is amended to read: 14070.2. (a) If authorized by the secretary, the department may, through an interagency transfer agreement, transfer to a joint powers board, and the board may assume, all responsibility for administering intercity passenger rail service in the corridor, including associated feeder bus service. Upon the date specified in the agreement, the board shall succeed to the department’s powers and duties relative to that service, except that the department shall retain responsibility for developing budget requests for the service, consistent with the annual business plan as approved by the secretary for the service, through the state budget process, which shall be developed in consultation with the board, and for coordinating service in the corridor with other intercity passenger rail services in the state. (b) An interagency transfer agreement may be executed on or after June 30, 2014, but not later than June 30, 2015, subject to negotiation and approval by the state and the board. The interagency transfer agreement between the department and the board shall cover the initial three-year period after the transfer, but may be extended thereafter by mutual agreement. If an interagency agreement is not entered into on or before June 30, 2015, the secretary shall provide a report to the Governor and the Legislature on or before June 30, 2016, explaining why an acceptable agreement has not been developed, with specific recommendations for developing an acceptable interagency agreement. (c) The secretary shall require the board to demonstrate the ability to meet the performance standards established by the secretary pursuant to subdivision (f) of Section 14031.8. SEC. 5. Section 14070.4 of the Government Code is amended to read: 14070.4. (a) An interagency transfer agreement between the department and a joint powers board, when approved by the secretary, shall do all of the following:
89
30 — 5 — Ch. 802
(1) Specify the date and conditions for the transfer of responsibilities and identify the annual level of funding for the initial three years following the transfer and ensure that the level of funding is consistent with and sufficient for the planned service improvements within the corridor. (2) Identify, for the initial year and subsequent years, the funds to be transferred to the board including state operating subsidies made available for intercity rail services in the corridor, and funds currently used by the department for administration and marketing of the corridor, with the amounts adjusted annually for inflation and in accordance with the business plan. (3) Specify the level of service to be provided, the respective responsibilities of the board and the department, the methods that the department will use to assure the coordination of services with other rail passenger and feeder bus services in the state, and the methods that the department will use for the annual review of the business plan and annual proposals on funding and appropriations. (4) Describe the terms of use by the board of car and locomotive train sets and other equipment and property owned by the department and required for the intercity service in the corridor including, but not limited to, the number of units to be provided, liability coverage, maintenance and warranty responsibilities, and indemnification issues. (5) Describe auditing responsibilities and process requirements, reimbursement and billing procedures, the responsibility for funding shortfalls, if any, during the course of each fiscal year, an operating contract oversight review process, performance standards and reporting procedures, the level of rail infrastructure maintenance, and other relevant monitoring procedures. (b) Use of the annual state funding allocation, as set forth in the interagency transfer agreement, shall be described in an annual business plan submitted by the board to the secretary for review and recommendation by April 1 of each year. The business plan, when approved by the secretary, shall be deemed accepted by the state. The budget proposal developed by the department for the subsequent year shall be based upon the business plan approved by the secretary. The business plan shall be consistent with the interagency agreement and shall include a report on the recent as well as historical performance of the corridor service, an overall operating plan including proposed service enhancements to increase ridership and provide for increased traveler demands in the corridor for the upcoming year, short-term and long-term capital improvement programs, funding requirements for the upcoming fiscal year, and an action plan with specific performance goals and objectives. The business plan shall document service improvements to provide the planned level of service, inclusion of operating plans to serve peak period work trips, and consideration of other service expansions and enhancements. The initial business plan shall be consistent with the immediately previous State Rail Plan developed by the department pursuant to Section 14036 and the January 2014 business plan developed by the High-Speed Rail Authority pursuant to Section 185033 of the Public
89
31 Ch. 802 — 6 —
Utilities Code. Subsequent business plans shall be consistent with the immediately previous plans developed by the department and the authority. The business plan shall clearly delineate how funding and accounting for state-sponsored intercity rail passenger services shall be separate from locally sponsored services in the corridor. Proposals to expand or modify passenger services shall be accompanied by the identification of all associated costs and ridership projections. The business plan shall establish, among other things: fares, operating strategies, capital improvements needed, and marketing and operational strategies designed to meet performance standards established in the interagency transfer agreement. (c) Based on the annual business plan and the subsequent appropriation by the Legislature, the secretary shall allocate state funds on an annual basis to the board. As provided in the interagency agreement, any additional funds that are needed to operate the passenger rail service during the fiscal year shall be provided by the board from jurisdictions that receive service. In addition, the board may use any cost savings or farebox revenues to provide service improvements related to intercity service. In any event, the board shall report the fiscal results of the previous year’s operations as part of the annual business plan. (d) The level of service funded by the state during the first three years following the effective date of the interagency transfer agreement shall in no case be less than the number of intercity round trips operated in a corridor and serving the end points served by the intercity rail corridor as of the effective date of the interagency transfer agreement. Subject to Section 14035.2, the level of service funded by the state shall also include feeder bus service with substantially the same number of route miles as the current feeder system, to be operated in conjunction with the trains. For that same three-year period, the board shall continue to provide at least the same level of intercity rail and feeder bus services as were in operation on the effective date of the interagency transfer agreement, except that the interagency agreement shall not prohibit the board from reducing the number of feeder bus route miles if the board determines that a feeder bus route is not cost effective as provided in Section 14035.2. (e) Nothing in this article shall be construed to preclude expansion of state-approved intercity rail service. (f) Local resources may be available to offset any redirection, elimination, reduction, or reclassification by the state of state resources for operating intercity rail services identified in subdivision (b) only if the local resources are dedicated by a vote of the local agency providing the funds, with the concurrence of the board. SEC. 6. Section 14070.6 of the Government Code is amended to read: 14070.6. The department and any entity that assumes administrative responsibility for intercity passenger rail services through an interagency transfer agreement, may, through a competitive solicitation process, contract with the National Railroad Passenger Corporation (Amtrak) or with organizations not precluded by state or federal law to provide intercity passenger rail services, and may contract with rail corporations and other
89
32 — 7 — Ch. 802 rail operators for the use of tracks and other facilities and for the provision of intercity passenger services on terms and conditions as the parties may agree. The department is deemed to be a third-party beneficiary of the contract, and the contract shall not contain any provision or condition that would negatively impact on or conflict with any other contracts the department has regarding intercity passenger rail services. Any entity that succeeds the department as sponsor of state-supported intercity passenger rail services through an interagency transfer agreement, is deemed an agency of the state for all purposes related to intercity passenger rail services, including Section 5311 of Title 49 of the United States Code. If the intercity passenger rail service is operated by a contractor, the contractor shall, as a condition of entering into an operating agreement with the entity, agree that its labor relations shall be governed by the federal Railway Labor Act (45 U.S.C. Sec. 151 et seq.). SEC. 7. Section 14070.7 is added to the Government Code, to read: 14070.7. The department and the LOSSAN Rail Corridor Agency, to the extent the agency assumes administrative responsibility for intercity passenger rail services on the LOSSAN Corridor through an interagency transfer agreement, may, through a competitive solicitation process, contract with Amtrak or with organizations authorized by state or federal law to provide intercity passenger rail services, and may contract with rail corporations and other rail operators for the use of the tracks and other facilities and for the provision of intercity passenger rail services on terms and conditions as the parties may agree. The department is deemed to be a third-party beneficiary of the contract, and the contract shall not contain any provision or condition that would negatively impact on or conflict with any other contracts the department has regarding intercity passenger rail services. The LOSSAN Rail Corridor Agency, if it succeeds the department as sponsor of state-supported intercity passenger rail services on the LOSSAN Corridor through an interagency transfer agreement, is deemed to be an agency of the state for all purposes related to intercity passenger rail services, including Section 5311 of Title 49 of the United States Code. If the LOSSAN Rail Corridor Agency or the entity providing administrative services enters into a contract for the operation of those services, the contractor shall, as a condition of entering into an operating agreement with the entity providing administrative services or the LOSSAN Rail Corridor Agency, agree that its labor relations shall be governed by the federal Railway Labor Act (45 U.S.C. Sec. 151 and following). Section 14070.6 shall not apply to the LOSSAN Corridor. SEC. 8. Article 5.2 (commencing with Section 14072) of Chapter 1 of Part 5 of Division 3 of Title 2 of the Government Code is repealed. SEC. 9. Article 5.2 (commencing with Section 14072) is added to Chapter 1 of Part 5 of Division 3 of Title 2 of the Government Code, to read:
89
33 Ch. 802 — 8 —
Article 5.2. LOSSAN Corridor
14072. (a) The LOSSAN Rail Corridor Agency, also known as the LOSSAN Agency, is an existing joint powers authority established to provide an organization capable of implementing the recommendations contained in the State Rail Corridor Study Group’s June 1987 report entitled “Los Angeles-San Diego State Rail Corridor Study” and undertaking related efforts to improve intercity services and facilities in the corridor and to coordinate subcorridor commuter rail services with intercity services. The LOSSAN Agency is composed of voting members, as specified in the joint powers agreement. (b) “LOSSAN Corridor” or “LOSSAN Rail Corridor” means the San Diego-Los Angeles-San Luis Obispo intercity passenger rail corridor. 14072.2. This article shall be applicable only if the members of the LOSSAN Agency enter into an amended joint powers agreement to expand the authority of the agency to permit the administration of state-funded intercity passenger rail services on the LOSSAN Corridor, and the LOSSAN Agency thereafter elects to become a party to an interagency transfer agreement pursuant to Article 5 (commencing with Section 14070). The amended joint powers agreement shall establish the terms and conditions for the joint powers agency and is subject to the approval of the governing board of each member agency of the LOSSAN Agency. Only the LOSSAN Agency operating under the amended joint powers agreement, and not the LOSSAN Agency existing on January 1, 2013, may exercise jurisdiction over intercity rail services on the LOSSAN Corridor under an interagency transfer agreement.
O
89
34
For Immediate Release Contact: John D. Mann (916) 651-4020 September 29, 2012 (916) 812-5569
Governor Brown Signs Padilla’s Bill to Improve Passenger and Freight Rail Service between San Diego, Los Angeles and San Luis Obispo
Sacramento – Governor Jerry Brown today signed Senate Bill 1225 authored by State Senator Alex Padilla (D-Pacoima). The bill will facilitate the Los Angeles, San Diego, San Luis Obispo Joint Powers Authority, also known as LOSSAN, to assume management of intercity passenger rail service along the LOSSAN Corridor (from San Diego to Los Angeles and San Luis Obispo).
“My bill will ensure that the rail corridor is modernized and both passenger and freight rail service are upgraded by 2025. Investing in our transportation system and improving the movement of goods and people is vital for our economic recovery,” said Senator Alex Padilla.
“I thank Governor Brown for signing my bill that will improve passenger and freight rail service along the second busiest rail corridor in the country,” said Senator Alex Padilla.
Specifically, SB 1225 (Padilla) will:
• Establish the LOSSAN Joint Powers Authority in California Code and require that the Board consist of members appointed by local participating transit and county agencies • Allow for the execution of an interagency transfer agreement between the LOSSAN Board and the California Secretary of Business Transportation and Housing
• Allow local governments to contribute additional funds towards rail corridor improvement projects
The LOSSAN Rail Corridor Agency is a joint powers agency formed in 1989 that coordinates intercity rail service between Los Angeles and San Diego. In 2001, the agency expanded to include rail agencies and operators north of Los Angeles to San Luis Obispo. With this change, all rail agencies along the entire Pacific Surfliner corridor are represented on LOSSAN. Together, these agencies work to increase ridership, revenue, capacity, reliability, and safety on the coastal rail line from San Diego to San Luis Obispo.
Seven million people travel through the LOSSAN Corridor annually, making it one of the busiest rail corridors in the nation, second only to the high speed Northeast Corridor running from Washington, DC, New York City, and Boston. The 351 mile corridor stretches from San Luis Obispo to San Diego, connecting major metropolitan areas of Southern California and the Central Coast. Train operators on the line include Amtrak’s Pacific Surfliner; the Southern California Regional Rail Authority’s Metrolink and the North County Transit District’s COASTER and SPRINTER passenger rail services; and Union Pacific and BNSF Railway freight rail services.
35
Senator Alex Padilla, 39, graduated from MIT with a degree in Mechanical Engineering. He currently serves on the Board of MIT and as President of the National Association of Latino Elected and Appointed Officials. He is Chair of the Senate Energy, Utilities and Communications Committee and represents the more than 900,000 residents of the 20th State Senate District which includes most of the San Fernando Valley in Los Angeles. You can find more information about Senator Padilla at his website or follow him at his Fan Page on Facebook.
36 Attachment 3
LOSSAN NEWS
Date: October 8, 2012 For Release: Immediately
Contact: Joe Kellejian, (750) 250‐4681, or email: [email protected] Linda Culp, (619) 699‐6957, or e‐mail: [email protected]
GOVERNOR SIGNS SB 1225 AUTHORIZING LOCAL AUTHORITY FOR PACIFIC SURFLINER PASSENGER RAIL SERVICE
Governor Jerry Brown recently signed Senate Bill 1225, authorizing the transfer of management for the state‐supported intercity passenger rail service between San Diego, Los Angeles and San Luis Obispo from the State to a local Joint Powers Authority (JPA).
The Los Angeles‐San Diego‐San Luis Obispo (LOSSAN) JPA is made up of the rail owners and operators and regional transportation planning agencies in a six‐county southern California coastal region. The LOSSAN corridor carries more than seven million people annually and is also a key freight line. For Amtrak, it is the second busiest corridor in the nation.
The Pacific Surfliner service is managed by the California Department of Transportation, which supports the service with a share of the $90 million in state funds allocated to intercity rail service annually.
“SB 1225 ushers in a new era for passenger rail service in Southern California”, said Joe Kellejian, Mayor of the City of Solana Beach and Chairman of the LOSSAN Board of Directors. “By transferring the authority for intercity service to the LOSSAN JPA, the service will
37 benefit from an agency that can be more responsive to customer needs and focused on improvements to service.”
Earlier this year, the LOSSAN JPA approved a strategic plan that calls for new intercity and commuter services in the corridor. Along with planned high‐speed train service, these services can work together as a system to provide high‐quality, efficient alternatives to driving the busy I‐5 and Highway 101 corridors. “The new governance initiative called for in SB 1225 allows local transportation agencies to work together to integrate the rail network more closely with local transit services to provide better service to the public,” according to LOSSAN Vice Chair Jacki Bacharach, who represents LA Metro on the LOSSAN Board of Directors.
“The State has a long history of commitment to intercity passenger rail service and is held up nationwide as a model,” said Chair Kellejian. “We fully expect and welcome the State to continue to work with us on advancements that will benefit all rail services in California.” “We especially appreciate the leadership and vision of Governor Brown and Senator Alex Padilla, the bill’s author,” he added.
The State and LOSSAN JPA have until June 30, 2015 to negotiate the transfer, which is not mandated under SB 1225. The LOSSAN Board of Directors will consider amendments to the agency’s governing documents in order to assume this authority at their October 15, 2012, meeting. Administrative support for the JPA is currently provided by the San Diego Association of Governments. A Managing Agency to oversee the service has not yet been selected.
About LOSSAN The LOSSAN Rail Corridor Agency seeks to increase ridership, revenue, capacity, reliability, and safety on the 351‐mile coastal rail line from San Diego to Los Angeles to San Luis Obispo. Known as Amtrak’s Pacific Surfliner corridor, it is the second busiest intercity passenger rail corridor nationwide and is shared with COASTER and Metrolink commuter rail and freight rail services. Rail owners, operators, and regional transportation planning agencies in San Diego, Orange, Los Angeles, Ventura, Santa Barbara, and San Luis Obispo counties, and the California Department of Transportation have been members since 1989. The LOSSAN Board of Directors meets monthly. More information is available at www.lossan.org
38 Los Angeles – San Diego – San Luis Obispo (LOSSAN) Rail Corridor Agency JOINT POWERS BOARD
October 15, 2012 AGENDA ITEM NO.: 8
Action Requested: APPROVE FOR DISTRIBUTION
REVISED DRAFT AMENDED JOINT POWERS AGREEMENT File Number 3400600 AND BYLAWS, AND MANAGING AGENCY SELECTION TIMELINE
Introduction
On September 29, 2012, Governor Brown signed Senate Bill 1225 (SB 1225), the Intercity Passenger Rail Act of 2012. SB 1225 allows the LOSSAN rail corridor agency to amend the joint powers agreement (JPA) to expand the authority of the agency to permit the administration of state-funded intercity passenger rail services on the LOSSAN corridor and elect to become party to an Interagency Transfer Agreement (ITA) with the state.
At each meeting since their June 18, 2012, meeting, the Board of Directors has reviewed draft amended JPA and bylaws documents, which have been based on comments from both a small working group of member agency staff (LOSSAN, NCTD, OCTA, VCTC, and SBCAG, assisted by the HNTB LOSSAN Project Management Team and SLOCOG Legal Counsel representing LOSSAN), and the LOSSAN member agency Chief Executive Officers (CEOs). Each draft was developed around a framework used for the Capitol Corridor Joint Powers Authority that a Managing Agency would be selected prior to final approval of the governing documents and therefore, named in the documents.
At their September 21, 2012, meeting, the CEOs endorsed a staff recommendation, based in part on Board comments from the August 30, 2012, meeting, to reverse the schedule in terms of member agency approvals of the governing documents and selection of a Managing Agency. As a result, a number of changes are required to both the draft amended JPA and bylaws (Attachments 1 and 2, respectively). Overall, the main changes are to (1) identify a Transition Period, at which SANDAG would continue to provide administrative support to LOSSAN and (2) revise provisions where a specific member agency is named as Managing Agency. Also of note is that the voting members of the new JPA will now be the agencies voting on approval of the Managing Agency. This change also impacts the schedule for future implementation steps moving forward (Attachment 3).
Recommendation
The Board of Directors is asked to (1) Approve the LOSSAN amended Joint Powers Agreement and Bylaws in substantially the same form as Attachments 1 and 2 respectively for distribution to the LOSSAN member agencies for their approval by resolution of their respective boards; and (2) Approve the revised phasing plan for upcoming work related to the Managing Agency as shown in Attachment 3.
39 Discussion
SB 1225
Article 5.2 of SB 1225 specifies that LOSSAN member agencies must enter into an amended JPA in order to expand the authority of the agency to permit the administration of state-funded intercity rail service. Furthermore, the amended JPA should spell out the terms and conditions for the agency and is subject to approval by the governing board of each member agency (please see Agenda Item #7).
SB 1225 also calls for the ITA to be executed on or after June 30, 2014, but not later than June 30, 2015, subject to both approval by the state and LOSSAN.
Revised Draft Amended JPA and Bylaws
Both Attachments 1 and 2 show the proposed changes in either underline or strikeout. Overall, the specific changes are:
Further revisions to the WHEREAS clauses in reviewing the final version of SB 1225. Outlining a “Transition Period” between the effective date of the 2013 amendment (i.e., when the last member agency approves the documents) and until such time as a Managing Agency is selected and an Administrative Service Agreement is finalized with the agency. Revising provisions that formerly held a placeholder for the name of the Managing Agency. Naming SANDAG as the “Transitional Managing Agency” to continue administrative support at current levels of effort (e.g., Section 7.0 of the JPA)
Managing Agency Selection Process
At their August 30, 2012, meeting, the Board of Directors approved the selection process and timeline for the Managing Agency. This schedule called for staff to issue a Request for Proposals (RFP) to member agencies pending action by Governor Brown on SB 1225, a proposal due date of November 16, 2012, and selection by the Board at their December 17, 2012, meeting. The governing documents were proposed for release to member agencies at this December meeting as well.
Should the Board of Directors approve this change in approach, staff has outlined a change in schedule for the next steps in Attachment 3. Overall, member agencies are asked to schedule consideration by their individual governing boards between October 2012 and January 2013, at which time the LOSSAN Board would consider releasing the RFP, with a due date for proposals in early March and potential selection by the Board at their April meeting. SANDAG will continue to provide administrative support during this time. The start date of the negotiation period, July 1, 2013, does not change.
Attachments 1. Draft 2013 Amended Joint Powers Agreement 2. Draft 2013 Amended Bylaws 3. Revised LOSSAN Phasing Plan
Key Staff Contacts: Linda Bohlinger, (714) 460-1612, [email protected] Tim McNulty, (805) 781-5400, [email protected] Linda Culp, (619) 699-6957, [email protected]
40 Attachment 1
20132 AMENDMENT TO THE JOINT POWERS AGREEMENT CONCERNING THE LOS ANGELES-SAN DIEGO-SAN LUIS OBISPO CORRIDOR RAIL AGENCY
INTRODUCTION
This Agreement is made and entered into in the State of California by and among the LOSSAN Agency Governing Board and the following public agencies that are parties of this Agreement:
Los Angeles County Metropolitan Transportation Authority;
Orange County Transportation Authority;
Riverside County Transportation Commission
North County Transit District;
San Diego Metropolitan Transit System;
California Department of Transportation;
Southern California Association of Governments;
San Diego Association of Governments;
Ventura County Transportation Commission;
Santa Barbara County Association of Governments;
San Luis Obispo Council of Governments;
National Railroad Passenger Corporation;
California High-Speed Rail Authority;
RECITALS
WHEREAS, some, but not all of the parties to this Agreement had entered into that certain joint exercise of powers agreement to establish the Los Angeles-San Diego Corridor Rail Agency (Agency), effective February 6, 1989, but desire to amend and restate such existing joint exercise of powers agreement as provided herein; and
WHEREAS, the parties to this Joint Powers Agreement recognize the need for a public agency to oversee increases in the level of intercity passenger rail service in the travel corridor between
41
San Diego, Los Angeles and San Luis Obispo, and improvements to the facilities that will ensure reduced travel times and that will aid the joint operation of freight and passenger service in the Corridor; and
WHEREAS, the Los Angeles-San Diego State Rail Corridor Study Group created pursuant to Senate Bill 1095 (Chapter 1313, Statutes of 1985) analyzed the feasibility of increasing the level of intercity passenger service in the corridor and instituting commuter rail service from San Clemente to Union Station in Los Angeles and from Oceanside to San Diego; identified and recommended improvements to track and right-of-way to accommodate the higher levels of service; and recommended the creation of a joint exercise of powers agency to oversee the implementation of additional intercity rail passenger service and the necessary track improve- ments; and
WHEREAS, rail service on the coast corridor has been extended to Ventura, Santa Barbara, and San Luis Obispo Counties; and
WHEREAS, the parties to this Agreement believe that the joint exercise of their powers will provide an organization capable of implementing the recommendations contained in both the State Rail Corridor Study Group’s June 1987 report entitled, Los Angeles-San Diego State Rail Corridor Study, and the April, 2012 LOSSAN Corridorwide Strategic Implementation Plan and undertaking assist related efforts to coordinate corridor rail services and to improve corridor services and facilitiesand facilities and coordinating commuter rail services; and
WHEREAS, each party to this Agreement is authorized to contract with each other for the joint exercise of any common power under Article I, Chapter 5, Division 7, Title 1 of the Government Code of the State of California; and
WHEREAS, rail service on the coast corridor has been extended to Ventura, Santa Barbara, and San Luis Obispo Counties; and
WHEREAS, an act to amend Sections 14031.8, 14070.2, 14070.4, and 14070.6 of, and to add Section 14070.7 to, and to repeal and add Article 5.2 (commencing with Section 14072) of Chapter 1 of Part 5 of Division 3 of Title 2 of, the Government Code, relating to transportation and known as the Intercity Passenger Rail Act of 2012 (SB 1225), authorized expansion of the authority of the LOSSAN Corridor Rail Agency, through an amendment to the existing Joint Exercise of Powers Agreement; and
WHEREAS, SB 1225 authorizes the Agency, by beginning on June 30, 2014, to enter into an Interagency Transfer Agreement with the State of California, with an initial term (“Initial Term”) commencing with the transfer of the responsibilities for administering state-funded intercity rail passenger service in the LOSSAN Corridor from the State to the Agency, and continuing for an initial three years; and
WHEREAS, the Agency will, through the Interagency Transfer Agreement, succeed to the State's current agreement with Amtrak for the operation of the LOSSAN Corridor Rail Service and may initiate changes in said agreement or, in the future, may, through a competitive
LOSSAN Corridor Rail Agency JPA, 20123 18
42
solicitation process, contract with Amtrak, or other organizations not precluded by State or Federal law to provide passenger rail services, to operate the rail service; and
WHEREAS, the Agency may contract with one of its public Member Agencies, called the Managing Agency, to provide all necessary administrative support to the Agency in order to prepare and negotiate the Interagency Transfer Agreement and to perform the Agency’s duties and responsibilities during the Initial Term of the Interagency Transfer Agreement; and
WHEREAS, the Agency will initiate a process for selection of a Managing Agency which process shall begin upon the effective date of the 2013 amendment of the Agreement and shall continue during a transition period (Transition Period) until such time as a Managing Agency is selected and contracts with the Agency to serve in that capacity as called for in Section 12.0 below; and
WHEREAS, at the conclusion of the Initial Term, the Agency may, through procedures that it determines, select the Managing Agency or another public rail transit agency, for a subsequent three year term to continue to administer the rail service under the direction of the Agency; and
WHEREAS, the Managing Agency shall produce a business plan ("Business Plan") for approval by the Agency for each of the initial three years of operation of the service which shall describe the methods by which the Agency will administer rail service and seek to increase ridership in the LOSSAN Corridor and which shall be updated and submitted by the Agency to the Secretary of the Business, Transportation and Housing Agency by April 1 of each year; and
WHEREAS, the Agency will, through the Interagency Transfer Agreement, succeed to the State's current agreement with Amtrak for the operation of the LOSSAN Corridor Rail Service and may initiate changes in said agreement or, in the future, may, through a competitive solicitation process, contract with Amtrak, or other organizations not precluded by State or Federal law to provide passenger rail services, to operate the rail service; and
WHEREAS, there are three previous amendments to this JPA, effective 2001, 2010, and 2011.
NOW THEREFORE, in consideration of the recitals, the parties to this Agreement agree to the following:
1.0 DEFINITIONS
1.1 Agency means the Los Angeles-San Diego-San Luis Obispo Corridor Rail Agency.
1.2 Governing Board or Board means the Board of Directors of the Agency.
1.3 LOSSAN is the acronym for Los Angeles-San Diego-San Luis Obispo.
1.4 Voting member agencies mean Los Angeles County Metropolitan Transportation Authority, Orange County Transportation Authority, Riverside
LOSSAN Corridor Rail Agency JPA, 20123 19
43
County Transportation Commission, San Diego Metropolitan Transit System, North County Transit District, San Diego Association of Governments, Ventura County Transportation Commission, Santa Barbara County Association of Governments, and San Luis Obispo Council of Governments.
1.41.5 Ex-officio non-voting member associate agencyies means the Southern California Association of Governments, the National Railroad Passenger Corporation (Amtrak), California High-Speed Rail Authority and the California Department of Transportation.
1.51.6 LOSSAN Corridor Rail Service means Pacific Surfliner intercity passenger rail service that operates on the LOSSAN Corridor, which is a 351 mile long intercity and commuter rail corridor, stretching from San Diego in the south, up the coast to Orange County, Los Angeles County, Ventura County, and Santa Barbara County to San Luis Obispo County.
1.61.7 Regional Transportation Planning Agency means an entity authorized to prepare a regional transportation plan pursuant to Government Code Section 65080.
1.71.8 Corridor City means a city adjacent to the LOSSAN Corridor right-of-way.
1.81.9 LOSSAN Regions are defined as North Region: Ventura County, Santa Barbara County and San Luis Obispo County; Central Region: Los Angeles County; South Region: San Diego County; South Central Region: Orange County and Riverside County.
1.91.10 Fiscal Year means from July 1 to and including the following June 30.
1.101.11 California State Rail Plan is prepared every two years by the California Department of Transportation as an examination of passenger and freight rail transportation in California, in accordance with Section 14036 of the Government Code.
1.111.12 Member Agency shall mean each of those voting governmental entities set forth in paragraph 1.4 to this Agreement that have executed this Agreement and that have not withdrawn from the Agency.
1.121.13 Business Plan shall mean the business plan to be submitted by the Agency to the Secretary of the Business, Transportation and Housing Agency covering the initial three year term of the Agreement as mandated by Section 14070.4(b) and updated and submitted annually thereafter.
1.131.14 Interagency Transfer Agreement shall mean the agreement provided for in Section 14070.2(a) whereby the State of California will transfer all responsibility for administering the LOSSAN Corridor Rail Service to the Agency.
LOSSAN Corridor Rail Agency JPA, 20123 20
44
1.141.15 Interim Workplan shall mean the workplan proposed for the period commencing with the execution of this Agreementthe Managing Agency contract called for in Section 12.0, and ending with the then current fiscal year.
1.151.16 Initial Term shall mean the period that begins with the transfer of responsibilities from the California Department of Transportation to the Agency and continues for a three-year period.
1.161.17 Managing Agency means the Member Agency that has been selected by the Agency and has contracted with the Agency to provide all necessary administrative support to the Agency in order to prepare and assist in negotiating the Interagency Transfer Agreement, and to perform the Agency’s duties and responsibilities during the Initial Term of the Interagency Transfer Agreement.shall mean ______for the Initial Term and thereafter, ______or another public rail transit agency, consistent with the Agency’s criteria for selection of a Managing Agency.
1.18 Managing Director means the director of LOSSAN Agency who is an employee of the Managing Agency. The Managing Director reports to and serves at the pleasure of the Governing Board.
1.171.19 Transition Period means the time period beginning with the effective date of the 2013 amendment to this Agreement in or around January, 2013 and continuing until the effective date of a contract between the Agency and the Managing Agency to provide Managing Agency services to the Agency as called for in Section 12.0 below.
2.0 CREATION OF AGENCY
There is hereby created an organization to be known as the Los Angeles-San Diego-San Luis Obispo Rail Corridor Agency, hereafter “Agency”, which shall be a public entity separate and apart from any member agency. The Agency shall be governed by the terms of this Joint Powers Agreement and any Bylaws passed and adopted by its Governing Board.
3.0 PURPOSES
The specific purposes for the creation of the Agency and the exercise of common powers are as follows:
3.1 Administer and manage the operations of the LOSSAN Corridor Rail Service as part of the California Passenger Rail System.
3.2 Plan, program, and fund improvements for intercity rail passenger services and facilities in the LOSSAN Corridor, including the acquisition or leasing of right- of-way, stations and station sites; the leasing or acquisition of equipment; and related activities.
LOSSAN Corridor Rail Agency JPA, 20123 21
45
3.3 Negotiate for and accept funds to be expended for the purpose of providing and improving intercity rail passenger services and activities.
3.4 Review and comment on facility, service, and operational plans and programs of the agency or agencies operating commuter rail service in the LOSSAN Corridor.
3.5 Coordinate facility, service, and operational plans and programs with other organizations, providing rail passenger service in the Southern California Region or with whom the Agency may share common facilities, including the agency or agencies operating commuter rail service in the LOSSAN Corridor, the BNSF Railway and Union Pacific or their successor corporations, the National Railroad Passenger Corporation (Amtrak), and the California Department of Transportation and the California High Speed Rail Authority.
3.6 Advocate before local, regional, state, and federal officials and agencies for improvements to services and facilities for the corridor.
4.0 POWERS OF THE LOS ANGELES-SAN DIEGO-SAN LUIS OBISPO CORRIDOR RAIL AGENCY
As may be necessary for the accomplishment of the purposes of this Agreement, the Agency shall have the power in its own name to undertake the following:
4.1 To exercise in the manner provided by this Agreement the powers common to each of the voting members and necessary to the accomplishment of the purposes of this Agreement.
4.2 To make and enter into contracts.
4.3 To employ agents and employees.
4.4 To contract for the services deemed necessary to meet the purposes of the Agency.
4.5 To acquire, by lease, purchase, or lease-purchase, and to hold and dispose of real and personal property necessary to carry out the purposes of this Agreement.
4.6 To construct, manage, and maintain facilities and services.
4.7 To sue and be sued in its own name.
4.8 To incur debts, liabilities, or obligations. However, the debts, liabilities, and obligations of the Agency shall not constitute any debt, liability, or obligation of any of the Member Agencies that are parties to this Agreement.
4.9 To apply for and accept grants for financial aid pursuant to any applicable state or federal statutes.
LOSSAN Corridor Rail Agency JPA, 20123 22
46
4.10 To exercise any of the powers set forth in Section 6508 of the Government Code. In exercising these powers, the Agency is subject to the restrictions upon the manner of exercising the powers of the Los Angeles County Metropolitan Transportation Authority or its successor agency.
4.11 To develop procedures for selecting a Managing Agency and to select such a Managing Agency.
4.12 To exercise such other powers and to engage in such other activities as are authorized by law and approved by the Governing Board.
4.13 All powers of the Agency shall be exercised by the Governing Board.
5.0 GOVERNING BOARD OF THE LOS ANGELES-SAN DIEGO-SAN LUIS OBISPO CORRIDOR RAIL AGENCY
The composition of the membership of the Governing Board shall be as follows:
5.1 Voting Members of the Governing Board
The Governing Board shall be selected and composed as follows and each member agency’s appointee(s) shall have one vote unless otherwise noted:
5.1.1. Two members appointed by the Los Angeles County Metropolitan Transportation Authority; one from its own membership or former membership, and one from its own membership, former membership or selected by the Authority from a LOSSAN Corridor city.
5.1.2. Two members appointed by the Orange County Transportation Authority selected from its own membership or former membership.
5.1.3. A member appointed by the Riverside County Transportation Commission selected from its own membership or former membership.
5.1.4. A member appointed by the San Diego Metropolitan Transit System selected from its own membership or former membership.
5.1.5. A member appointed by the North County Transit District selected from its own membership or former membership.
5.1.6. A member appointed by the San Diego Association of Governments selected from its own membership or former membership.
5.1.7. While three members of the Governing Board shall represent San Diego County (San Diego Metropolitan Transit System, North County Transit District, and San Diego Association of Governments), these three
LOSSAN Corridor Rail Agency JPA, 20123 23
47
members shall have a total of two votes. This voting procedure shall be specified by separate agreement among the three San Diego County member agencies.
5.1.8. A member appointed by the Ventura County Transportation Commission selected from its own membership or former membership.
5.1.9. A member appointed by the Santa Barbara County Association of Governments selected from its own membership or former membership.
5.1.10. A member appointed by the San Luis Obispo Council of Governments selected from its own membership or former membership.
5.1.11. Each voting member agency may appoint alternates to serve in the absence of the regular appointee.
5.2 Ex-Officio Members of the Governing Board
5.2.1. The Southern California Association of Governments shall be a non- voting, ex-officio member of the Governing Board and shall designate a representative to the Governing Board.
5.2.2. The National Railroad Passenger Corporation (Amtrak) shall be a non- voting, ex-officio member of the Governing Board and shall designate a representative to the board, preferably from its Board of Directors.
5.2.3. California High-Speed Rail Authority shall be a non-voting, ex-officio member of the Governing Board and shall designate a representative to the board, preferably from its Board of Directors.
5.2.4. The California Department of Transportation (Caltrans) shall be a non- voting, ex-officio member of the Governing Board and shall designate a representative to the board.
5.2.5. Each ex-officio member may appoint alternates to serve in the absence of the regular appointee.
6.0 RELATIONSHIP OF THE LOS ANGELES-SAN DIEGO-SAN LUIS OBISPO CORRIDOR RAIL AGENCY TO EXISTING AND FUTURE COMMUTER RAIL AGENCIES
6.1 The Agency will endeavor to ensure that there is coordination between itself and any commuter rail agency which uses the same facilities to provide commuter rail services as are used by the intercity passenger rail corridor service.
LOSSAN Corridor Rail Agency JPA, 20123 24
48
6.2 The parties to this agreement acknowledge and confirm that nothing contained in this Joint Powers Agreement shall abrogate or diminish any then current ownership rights, access and use agreements, funding sources and allocation, operating rights and agreements of any party. The Agency acknowledges and shall respect at all times the precedence established based on the aforementioned and shall not seek or support regulatory or legislative changes or remedies that would materially reduce any then current agreement or right, unless otherwise agreed to by the affected Member Agencies.
6.3 The parties further agree that the scope of this Joint Powers Agreement is limited to intercity rail service as defined in Department of Transportation regulations. Accordingly, the Agency shall recognize at all times the governing authority of parties that operate services other than intercity rail service and shall not seek or support any regulatory or legislative changes or remedies that would abrogate, diminish, and or materially change the roles and responsibilities of such parties with respect to such services, unless otherwise agreed to by the affected Member Agencies.
6.4 No party shall be obligated to incur new costs or liabilities relating to commuter and intercity operations other than from its own operations. Enhanced coordination of service shall consider impacts to existing passenger rail service.
7.0 AGENCY MANAGEMENT DURING THE TRANSITION PERIOD
The Intercity Passenger Rail Act of 2012 (SB 1225) authorized the Agency to reconstitute itself with an amended joint powers agreement. Only the Agency operating under the amended joint powers agreement, and not the Agency existing on January 1, 2013, may exercise jurisdiction over intercity rail services on the LOSSAN corridor under an Interagency Transfer Agreement.
The 2013 amendment to this Agreement reconstitutes the Agency as anticipated by SB 1225 and establishes significant duties for a Managing Agency who will be selected by, and enter into a contract with, the Agency. One significant duty of the Managing Agency is to assist the Agency in preparing and negotiating an Interagency Transfer Agreement which will allow the transfer of intercity rail services on the LOSSAN corridor from the State of California to the Agency beginning as soon as June 30, 2014.
During the Transition Period between the effective date of the 2013 amendment to this Agreement and the effective date of a contract between the Agency and the Managing Agency, the San Diego Association of Governments will serve as the Transitional Managing Agency. During the Transition Period, the San Diego Association of Governments will provide professional staff assistance to the Agency at a level no greater than it provided during the first half of the fiscal year 2012-2013. Whenever this Agreement establishes duties or appointments for the Managing Agency or its officers, those duties or appointments will be the responsibility of the Transitional Managing Agency and its officers during the Transition Period, but only to the extent such duties
LOSSAN Corridor Rail Agency JPA, 20123 25
49
correspond with the past practice of the Transitional Managing Agency and the Agency or as otherwise required by law.
7.08.0 MANAGING AGENCY
Subject to the policy direction and control of the Governing Board, and subject further to the terms, conditions and requirements of its contract with the Agency, ______the Managing Agency shall serve as Managing Agency of the Agency forbegin service upon the effective date of its contract and continue through the Initial Term and in that capacity shall provide all necessary administrative support to the Agency.
The Managing Director, to be appointed by the Governing Board, shall be an employee of the Managing Agency and an officer of the Agency and shall lead the administrative support duties for the LOSSAN Corridor Rail Service. Employees of the Managing Agency who have as their responsibility the support of the LOSSAN Corridor Rail Service shall report to the Managing Director. The Managing Director shall solicit the input and participation of the other agencies and endeavor to achieve consensus while providing administrative support to the Agency.
The Managing Agency staff dedicated to serve the LOSSAN Corridor Rail Service and under the supervision of the Managing Director, as well as the shared Managing Agency administrative support services, will perform the following duties regarding the administrative support of the Agency:
8.1 Negotiate and recommend the award of all necessary agreements for the Agency, including but not limited to the Interagency Transfer Agreement, agreements for the provision of passenger rail services, and use of tracks and other facilities, subject to approval by the Governing Board;
8.2 Manage all agreements entered into by the Agency;
8.3 Implement projects contained in the approved Capital Improvement Program unless the administration of particular capital projects is more appropriately managed in another manner, such as by an individual agency or a local government, as determined by the Governing Board;
8.4 Provide for the maintenance and management of such property as may be owned or controlled by the Agency unless the administration of that property is more appropriately managed in another manner, such as by an individual agency or a local government, as determined by the Governing Board;
8.5 Provide a risk management program to cover the Governing Board and each of the agencies in the performance of their duties pursuant to this Agreement, and seek appropriate insurance coverage to implement such risk management program;
8.6 Seek, obtain and administer grants, subject to the provisions of Section 8.0 below;
LOSSAN Corridor Rail Agency JPA, 20123 26
50
8.7 Develop and implement marketing programs;
8.8 Prepare and submit financial reports;
8.9 Prepare for approval by the Governing Board the Business Plan;
8.10 Report regularly to the Agency Governing Board regarding LOSSAN Corridor issues;
8.11 Recommend changes in LOSSAN Corridor Rail Service fares and the collection of fares to the Agency;
8.12 Recommend changes in scheduling and levels of service to the Agency;
8.13 Prepare and implement changes in scheduling and fares, subject to required public involvement;
8.14 Prepare capital and operating budgets for presentation to the Agency;
8.15 Facilitate interaction with other entities involved in operation, construction and renovation of the LOSSAN Corridor Rail Service; and
8.16 Negotiate with any other public or private transportation providers as necessary to ensure coordinated service with the LOSSAN Corridor Rail Service.
8.09.0 SOLICITATION OF GRANTS
The Managing Agency shall pursue any and all sources of funding for the Agency; provided, however, that neither the Managing Agency, on behalf of the Agency, nor the Governing Board shall apply for Transportation Development Act Funds as defined in Chapter 4, Part 11, Division 10 of the California Public Utilities Code or for any conflicting funding that any Member Agency is also an applicant or approving Member Agency for without the express consent of that Member Agency.
9.010.0BUDGET AND FUNDING
10.1 The Managing Agency shall prepare and submit to the Governing Board for approval within thirty days of the effective date of this Agreementits contract with the Agency the Interim Workplan, which shall include recommendations for start-up funding needs and sources of funding therefor.
10.2 The Managing Agency shall prepare and submit to the Governing Board for approval a preliminary operating and capital budget for the succeeding fiscal year by April l of each year which is consistent with the prior Business Plan submitted. Upon receipt of an annual allocation from the State, the Agency shall by resolution adopt a final budget at the next regularly scheduled meeting of the Governing Board. The fiscal year shall be July 1 of each year to and including the following June 30. The budget shall include separate components for Managing
LOSSAN Corridor Rail Agency JPA, 20123 27
51
Agency administration costs, operations, and capital costs anticipated to be incurred by the Agency during the fiscal year. The annual budget resolution shall set forth the authority of the Managing Agency to make capital and operating expenditures during the fiscal year, subject to such policy guidelines as the Governing Board may establish.
10.3 It is the intent of the Agency to fully fund the annual budget from State and other non-Agency funding sources, such as fares and other operating revenues. The Agency shall not operate at a deficit.
10.4 No funding, debt, or financial obligation is created against any agency solely as a consequence of executing this Agreement and no funding, debt, or financial obligation approved by the Governing Board and/or incurred by the Agency shall be binding against a Member Agency unless and until ratified by that Member Agency's governing body.
10.011.0 LIABILITY OF AGENCY, OFFICERS AND EMPLOYEES
The debts, liabilities, and obligations of the Agency shall not be the debts, liabilities and obligations of any of the Member Agencies, the Managing Agency or any of their respective members, officers, directors, employees or agents. Any obligations incurred by any bonds issued by the Agency as set forth in Section 4.8 above shall not constitute general obligations of the Agency but shall be payable solely from the moneys pledged to the repayment of such obligations or the repayment of principal or interest on such bonds under the terms of the resolution, indenture, trust agreement, contract or other instrument pursuant to which the obligation is incurred or the bonds are issued. The Agency and the Managing Agency, their directors, officers, employees, staff and agents shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No agency or Agency member, officer, director or employee shall be responsible for any action taken or omitted by any other agency or Governing Board member, officer, director or employee. The Agency shall indemnify, defend and hold harmless the Governing Board, the individual Member Agencies, their members, officers, directors, employees and agents from and against any and all liability, loss, damage, expenses, costs (including, without limitation, costs and fees of litigation or arbitration) of every nature, arising out of any act or omission related to this Agreement, except such loss or damage which was caused by the willful misconduct of the Governing Board or any individual member agency. The Agency’s duty to indemnify each Member Agency shall survive that member agency's withdrawal from the Agency.
11.012.0 SERVICES BY MANAGING AGENCY
Subject to the provisions of Section 7 above, the Agency shall enter into a formal contract with the Managing Agency for the services it will perform pursuant to this Agreement, and the compensation for such services.
LOSSAN Corridor Rail Agency JPA, 20123 28
52
12.013.0 EFFECTIVE DATE OF AGREEMENT
This Agreement shall take effect upon its execution by the Chairs of the Los Angeles County Metropolitan Transportation Authority, the Orange County Transportation Authority, the Riverside County Transportation Commission, the San Diego Metropolitan Transit System, the North County Transit District, the San Diego Association of Governments, the Ventura County Transportation Commission, the Santa Barbara County Association of Governments and the President of the San Luis Obispo Council of Governments, pursuant to resolutions of each body authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein., however, in no event shall the Agreement become effective prior to January 2, 2013.
13.014.0 OFFICERS AND APPOINTEES OF THE GOVERNING BOARD AND THE AGENCY
14.1 The officers of the Governing Board, selected from among its voting membership, shall be a Chair and Vice-Chair. The term of office shall be one year.
14.2 The officers of the Agency shall be:
14.2.1. The Treasurer of the Managing Agency, designated by a majority of a quorum of the Governing Board, may serve as the Treasurer of the Agency. The Treasurer shall be the depository of funds and have custody of all funds of the Agency from whatever source.
14.2.2. The Auditor of the Managing Agency, designated by a majority of a quorum of the Governing Board, may serve as the Auditor-Controller of the Agency. The Auditor-Controller shall draw warrants or check- warrants against the funds of the Agency in the Treasury when the demands are approved by the Governing Board of Directors or such other persons as may be specifically designated for the purpose in the Bylaws.
14.2.3. The Auditor-Controller and the Treasurer shall comply with all duties imposed under Article 1, Chapter 5, Division 7, Title I, of the California Government Code commencing with Section 6500.
14.2.4. Upon providing reasonable notice, any agency shall have the right to review any records maintained by the Managing Agency or the Managing Agency's Auditor-Controller and/or Treasurer relating to the performance of their duties pursuant to this Agreement.
14.2.5. The Managing Director shall be an employee of the Managing Agency and serve at the pleasure of the Governing Board.
LOSSAN Corridor Rail Agency JPA, 20123 29
53
14.2.6. The Governing Board shall appoint such a Managing Director. The Agency shall obtain an official bond in an amount determined by the Governing Board guaranteeing faithful performance of the Managing Director’s duties. Pursuant to the LOSSAN Agency Bylaws, and pursuant to the terms, conditions and requirements of the contract with the Managing Agency, the Managing Director will have the authority to hire and fire employees consistent with the Managing Agency personnel policies, recommend personnel classifications, oversee the assignments and other personal actions for the Managing Agency employees designated to support the LOSSAN Corridor Rail Service. The Managing Director will also recommend to the Governing Board the Managing Agency contractors to the LOSSAN Corridor Rail Service and will direct their activities.
14.015.0 ANNUAL BUDGET
The Governing Board shall approve a preliminary administrative budget and a capital improvement program for the succeeding fiscal year no later than April 1 of each year. The Governing Board shall adopt a final budget no later than June 30 of each year. No funding or financial obligations are created against any member agency solely as a consequence of executing this Agreement.
15.016.0 FUNDING FOR THE AGENCY
In addition to any funds derived from grants provided for in Section 4.9 of this Agree- ment, the voting member agencies shall consider, through their agency’s budgetary process, contribution of funds necessary to carry out the purposes and powers of the Agency, consistent with the Agency’s adopted budget and any cost sharing formula adopted by the voting member agencies.
16.017.0 QUORUM
At least five of the voting member agencies of the Governing Board, including at least one voting member from each of the LOSSAN Regions shall constitute a quorum for the transaction of business and all official acts of the Agency.
17.018.0 VOTING
18.1 A supermajority vote requires eight (8) affirmative votes of the voting membership of the Governing Board, which includes at least one vote of the voting membership from each of the LOSSAN Regions.
18.2 Topics that require a supermajority vote (eight (8) affirmative votes of the voting membership of the Governing Board which includes at least one vote from each of the LOSSAN Regions, include:
LOSSAN Corridor Rail Agency JPA, 20123 30
54
18.2.1. Recommending changes to the LOSSAN Agency legislation; 18.2.2. Recommending amendments to the Joint Powers Agreement regarding membership of the LOSSAN Agency Governing Board; 18.2.3. Recommending amendments to the Joint Powers Agreement regarding voting structure of the LOSSAN Agency Governing Board; 18.2.4. Approval and changes to the LOSSAN Agency Bylaws; 18.2.5. Reduction of LOSSAN Corridor Rail service; and
18.2.6. Establishment of or changes to cost sharing formulas.
18.3 All other topics require a majority vote of the members present at any regular, adjourned or special meeting where a quorum has been constituted for the transaction of business. 18.4 Amendments to the Joint Powers Agreement require the unanimous agreement of the voting Member Agencies.
18.019.0 RALPH M. BROWN ACT
All meetings of the Agency shall be called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code).
19.020.0 FILING WITH SECRETARY OF STATE
As required by Section 6503.5 of the California Government Code, an appropriate notice of this Agreement shall be filed with the Secretary of State within thirty days of its effective date.
20.021.0 BYLAWS
The Governing Board may adopt and amend from time to time Bylaws as may be required for the conduct of its meetings and the orderly operation of the Agency.
21.022.0 COMMITTEES
The Governing Board shall create the following committees:
22.1 The Governing Board shall form a Technical Advisory Committee (TAC) to review on behalf of the Governing Board technical issues associated with the improvements in passenger rail service and related facilities in the LOSSAN Corridor, including stations and rights-of-way, the coordination of public mass transit services and facilities, the coordination of passenger and freight services in the Corridor and other technical matters. The membership of the Committee is authorized in the Bylaws.
LOSSAN Corridor Rail Agency JPA, 20123 31
55
22.2 The Governing Board shall form an Executive Committee. There shall be a maximum of four (4) voting members including the Chair, Vice-Chair and Past Chair if available or one person appointed by the Governing Board with the Managing Director serving as a non-voting member. Among these members, there shall be at least one member from the LOSSAN North Region. The Executive Committee will meet as needed.
22.3 The Governing Board shall form other committees as are necessary.
22.023.0 COOPERATION WITH OTHER AGENCIES
23.1 In order to conserve fiscal resources, the Governing Board shall take actions to ensure that the technical expertise, results of previous analysis related to passenger rail service in the LOSSAN Corridor, information bases, and other data available from member and other relevant agencies shall, to the extent feasible, be fully utilized.
23.2 In order to ensure that improvements to intercity rail passenger services and facilities are consistent with the California State Rail Plan, the Agency shall submit an annual plan or program for expenditures in the Corridor prior to the beginning of each fiscal year to the California Department of Transportation. In order to coordinate improvements with the LOSSAN Corridor’s Regional Transportation Planning Agencies (RTPAs), this annual plan or program for expenditures shall be submitted to the Southern California Association of Governments, San Diego Association of Governments, Santa Barbara County Association of Governments and San Luis Obispo Council of Governments. Each RTPA shall determine whether or not the annual plan or program is consistent with the Regional Transportation Plan for its area of jurisdiction. The Agency shall submit an annual plan or program for expenditures in the Corridor to Amtrak, for its review when developing its Strategic Guidance and Three-Year Financial Plan.
23.024.0 WITHDRAWAL BY MEMBER AGENCY
24.1 Notwithstanding any other provision of this Agreement, any Member Agency may withdraw from the Agency by giving ninety (90) days advance written notice to the Governing Board. Any withdrawal from the Authority will also constitute withdrawal from the Governing Board.
24.2 The rights and obligations of any agency so withdrawing from the Agency and the Governing Board shall be determined by negotiation between the Governing Board and the withdrawing member agency; provided, In the event that the Governing Board and the withdrawing Member Agency cannot agree upon the rights and obligations of the withdrawing Member Agency, such rights and obligations shall be determined by arbitration pursuant to Section 30.0, below.
LOSSAN Corridor Rail Agency JPA, 20123 32
56
24.025.0 DURATION OF AGREEMENT AND TERMINATION
This Agreement shall continue in full force and effect until such time as the Member Agencies and the Governing Board determine that it is in the public interest to dissolve the Agency. Notwithstanding the foregoing, any of the Member Agencies may exercise its prerogative to terminate its membership in the Agency as set forth in Section 24.0, above. Upon termination of this Agreement by mutual consent of all the Member Agencies, all assets, liabilities and equity of the Governing Board shall be distributed in accordance with the provisions of the Interagency Transfer Agreement and any other agreements authorized by the Governing Board governing such distribution, and any remaining money or assets in possession of the Agency after the payment of all liabilities, costs, expenses, and charges validly incurred under this Agreement shall be returned to the Member Agencies in proportion to their contributions, if any, determined as of the time of termination.
25.026.0 NOTICE
Addresses of the parties to the Agreement for the purpose of formal communications among the signatories.
Los Angeles County Metropolitan Transportation Authority 1 Gateway Plaza Los Angeles, CA 90012-2952 (213) 922-3041
Orange County Transportation Authority 550 S. Main St. P.O. Box 14184 Orange, CA 92863-1584 (714) 560-6282
Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor P.O. Box 12008 Riverside CA 92502-2208 (951) 787-7141
North County Transit District 810 Mission Avenue Oceanside, CA 92054 (760) 967-2828
San Diego Metropolitan Transit System 1255 Imperial Avenue, Suite 1000 San Diego, CA 92101 (619) 231-1466
LOSSAN Corridor Rail Agency JPA, 20123 33
57
California Department of Transportation P.O. Box 942874 Sacramento, CA 94274-0001 (916) 323-0742
Southern California Association of Governments 818 W 7th Street, 12 Floor Los Angeles, CA 90017-3435 (213) 236-1800
San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 (619) 595-5300
Ventura County Transportation Commission 950 County Square Avenue, Suite 207 Ventura CA 93003 (805) 642-1591
Santa Barbara County Association of Governments 260 North San Antonio Road, Suite B Santa Barbara CA 93110 (805) 961-8900
San Luis Obispo Council of Governments 1114 Marsh Street San Luis Obispo, CA 93401 (805) 781-4219
National Railroad Passenger Corporation (Amtrak)510 Water Street, 5th Floor Oakland CA 94607 (510) 238-4300
California High-Speed Rail Authority 925 L Street Suite 1425 Sacramento CA 95814 (916) 324-1541
26.027.0 AUDIT
The Agency shall provide for the accountability of all funds and shall provide for an annual audit pursuant to Section 6506 of the Government Code.
LOSSAN Corridor Rail Agency JPA, 20123 34
58
27.028.0 AMENDMENTS TO THE AGREEMENT
This Agreement may be amended at any time by the unanimous Agreement of the voting member agencies.
28.029.0 ARBITRATION
3029.1 In the event of a dispute between the Agency, the Managing Agency, Member Agency or any other agency, which cannot be satisfactorily resolved by those parties, said dispute shall be submitted to arbitration by a panel of three arbitrators who shall conduct the arbitration pursuant to the rules of the American Arbitration Association. The panel of arbitrators shall consist of one arbitrator appointed by each of the disputants, the third arbitrator to be appointed by mutual consent of the other two arbitrators. The arbitration panel shall resolve the dispute in accordance with the terms of this Agreement, and such resolution shall be final and binding upon the parties. Each party shall bear its own costs of arbitration, including reasonable attorney’s fees. The cost of the third arbitrator shall be divided equally between the disputants.
3029.2 Unless otherwise agreed by the disputants, only disputes regarding a disputant's rights and obligations arising under the terms of: (i) this Agreement, or (ii) any other agreement between the disputants in which this arbitration provision is incorporated by reference shall be subject to arbitration pursuant to Section 30.1, above.
29.030.0 CONFLICT OF INTEREST CODE
The Agency by resolution shall adopt a conflict of interest code as required by law.
30.031.0 SUCCESSOR STATUTES
All statutes cited herein shall be deemed to include amendments and/or successor statutes to the cited statutes as they presently exist.
31.032.0 AGREEMENT, COMPLETE
This Agreement constitutes the full and complete Agreement of the parties. This Agreement shall supercede the Joint Powers Agreement to establish the Los Angeles – San Diego Rail Corridor Agency dated February 6, 1989 and subsequent amendments adopted prior to the dates indicated below.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by autho- rized officials on the dates indicated below.
LOSSAN Corridor Rail Agency JPA, 20123 35
59
32.033.0 COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same agreement.
LOSSAN Corridor Rail Agency JPA, 20123 36
60
[AGENCY NAME HERE]
Chair
Date
I HEREBY CERTIFY that the attached is a true and correct copy of the original document approved by the Board of Directors:
Clerk of the Board
Date
LOSSAN Corridor Rail Agency JPA, 20123 37
61 Attachment 2
20132 AMENDMENT
BYLAWS
THE LOS ANGELES-SAN DIEGO-SAN LUIS OBISPO CORRIDOR RAIL AGENCY
PREAMBLE
The Los Angeles-San Diego-San Luis Obispo Corridor Rail Agency (“LOSSAN Agency” or “Agency”) is a Joint Powers Agency created at the recommendation of the Los Angeles-San Diego State Rail Corridor Study Group which recognized the need for a public agency to oversee increases in the level of intercity passenger rail service in the travel corridor between San Diego and Los Angeles. This agency has evolved as rail service has been extended to Ventura, Santa Barbara, and San Luis Obispo Counties and now includes all counties along the Pacific Surfliner Corridor from San Diego to San Luis Obispo County.
The Agency is now capable of implementing the recommendations contained in both the State Rail Corridor Study Group’s June 1987 report entitled, Los Angeles-San Diego State Rail Corridor Study, and the April, 2012 LOSSAN Corridorwide Strategic Implementation Plan and undertaking related efforts to improve corridor services and facilities and coordinating commuter rail services.
In 2012 the functions of the LOSSAN Agency were significantly expanded by the enactment and signing into law of SB 1225 (Padilla, 2012). SB 1225 authorized the transfer of management of intercity rail passenger service in the LOSSAN Corridor from the California Department of Transportation to the LOSSAN Agency. The new role and functions of the LOSSAN Agency have been established in the 20132 Amendment to the Joint Powers Agreement Concerning The Los Angeles – San Diego – San Luis Obispo Corridor Rail Agency (the “Agreement,” “Joint Powers Agreement” or “LOSSAN Agreement”).
These Bylaws are adopted effective ______, 2013 pursuant to the Agreement. These Bylaws supercede the Los Angeles – San Diego – San Luis Obispo Rail Corridor Agency Bylaws adopted in June 1989 and all subsequent amendments thereto.
ARTICLE I - FUNCTIONS
The functions of the LOSSAN Agency are to administer and manage the operations of the LOSSAN Corridor Rail Service as part of the California Passenger Rail System. The legislative authority for this role is SB 1225 (Padilla, 2012), an act to amend Sections 14031.8, 14070.2, 14070.4, and 14070.6 of, and to add Section 14070.7 to, and to repeal and add Article 5.2 (commencing with Section 14072) of Chapter 1 of Part 5 of Division 3 of Title 2 of, the Government Code, relating to transportation and known as the Intercity Passenger Rail Act of
LOSSAN Rail Corridor Agency Bylaws, 20132. 1
62
2012. SB 1225 authorized expansion of the authority of the LOSSAN Corridor Rail Agency, through an amendment to the existing Joint Powers Agreement.
The functions of the Agency are detailed in the LOSSAN Agreement.
ARTICLE II – DEFINITIONS
Section A. Agency means the Los Angeles-San Diego-San Luis Obispo Corridor Rail Agency.
Section B. Governing Board or Board means the Board of Directors of the Agency.
Section C. LOSSAN is the acronym for Los Angeles-San Diego-San Luis Obispo.
Section D. Voting member agencies mean Los Angeles County Metropolitan Transportation Authority, Orange County Transportation Authority, Riverside County Transportation Commission, San Diego Metropolitan Transit System, North County Transit District, San Diego Association of Governments, Ventura County Transportation Commission, Santa Barbara County Association of Governments, and San Luis Obispo Council of Governments.
Section E. Ex-officio non-voting associate member agencyies means the Southern California Association of Governments, the National Railroad Passenger Corporation (Amtrak), California High-Speed Rail Authority, and the California Department of Transportation.
Section F. Regional Transportation Planning Agency means an entity authorized to prepare a regional transportation plan pursuant to Government Code Section 65080.
Section G. Corridor City means a city adjacent to the LOSSAN right-of-way.
Section H LOSSAN Corridor Rail Service means Pacific Surfliner intercity passenger rail service that operates on the LOSSAN Corridor, which is a 351 mile long intercity and commuter rail corridor, stretching from San Diego in the south, up the coast to Orange County, Los Angeles County, Ventura County, and Santa Barbara County to San Luis Obispo County.
Section I. LOSSAN Regions are defined as North Region: Ventura County, Santa Barbara County and San Luis Obispo County; Central Region: Los Angeles County; South Region: San Diego County; South Central Region: Orange County and Riverside County.
Section J. Fiscal Year means from July 1 to and including the following June 30.
Section K. California State Rail Plan is prepared every two years by the California Department of Transportation as an examination of passenger and freight rail
LOSSAN Corridor Rail Agency Bylaws, 20123. 2
63
transportation in California, in accordance with Section 14036 of the Government Code.
Section L. Member Agency shall mean each of those voting governmental entities set forth in Section D that have executed the Joint Powers this Agreement and that have not withdrawn from the Agency.
Section M. Business Plan shall mean the business plan to be submitted by the Agency to the Secretary of the Business, Transportation and Housing Agency covering the initial three year term of the Agreement as mandated by Section 14070.4(b) and updated and submitted annually thereafter.
Section N. Interagency Transfer Agreement shall mean the agreement provided for in Section 14070.2(a) whereby the State of California will transfer all responsibility for administering the LOSSAN Corridor Rail Service to the Agency.
Section O. Interim Workplan shall mean the workplan proposed for the period commencing with the execution of this Agreement the Managing Agency contract called for in Section 12.0, and ending with the then current fiscal year.
Section P. Initial Term shall mean the period that begins with the transfer of responsibilities from the California Department of Transportation to the Agency and continues for a three-year period.
Section Q. Managing Agency means the Member Agency that has been selected by the Agency and has contracted with the Agency to provide all necessary administrative support to the Agency in order to prepare and assist in negotiating the Interagency Transfer Agreement, and to perform the Agency’s duties and responsibilities during the Initial Term of the Interagency Transfer Agreement.Managing Agency shall mean ______for the Initial Term and thereafter, ______or another public rail transit agency, consistent with the Agency’s criteria for selection of a Managing Agency.
Section R. Managing Director means the director of the LOSSAN Agency, or Agency, who is an employee of the Managing Agency. The Managing Director reports to and serves at the pleasure of the Governing Board.
Section S Transition Period means the time period beginning with the effective date of the 2013 amendment to this Agreement in or around January, 2013 and continuing until the effective date of a contract between the Agency and the Managing Agency to provide Managing Agency services to the Agency as called for in Section 12.0 below.
ARTICLE III - MEMBERSHIP
Section A. Voting Members of the Governing Board
LOSSAN Corridor Rail Agency Bylaws, 20123. 3
64
All powers of the Agency shall be exercised by the Governing Board. The Governing Board shall be selected and composed as specified in the LOSSAN Joint Powers Agreement.
ARTICLE IV – ADMINISTRATION
Section A. In General - The Officers shall consist of the Chair and a Vice-Chair, both of whom shall represent a voting member of the Governing Board, a Treasurer, Auditor-Controller, and other officers as the Agency deems necessary and as set out in these Bylaws.
Section B. Term of Office - The Chair and Vice-Chair shall serve one-year terms of office.
Section C. Election of Officers - The Agency at its first regularly scheduled meeting of the year and at its first regularly scheduled meeting every year thereafter, and at such other times as there may be a vacancy in either office, shall elect a Chair who shall preside at meetings and a Vice-Chair who shall preside in the Chair’s absence.
Section D. Executive Committee – There shall be a maximum of 4 voting members including the Chair, Vice-Chair and Past Chair if available or one person appointed by the Board with the Managing Director serving as a non-voting member. Among these members, there shall be at least one member from the North Region. The Executive Committee will meet as needed.
1. The Executive Committee shall have the authority and duty to:
a. Review and approve the agendas for the meetings of the Governing Board as needed;
b. Provide direction to the Managing Director;
c. Make recommendations as needed to the Board regarding the work program, budget, positions to be taken on issues, contracts, and all other matters within the jurisdiction of the agency;
d. Evaluate Managing Director and provide such evaluation to the Governing Board for action and to the Managing Agency for information.
e. Monitor the function of all agency committees.
f. Minutes of Executive Committee shall be circulated to the Governing Board of Directors.
g. Executive Committee is authorized to act in emergency situations but all actions must be reported to the Governing Board.
LOSSAN Corridor Rail Agency Bylaws, 20123. 4
65
Section E Transitional Managing Agency – During the Transition Period between the effective date of the 2013 amendment to the Joint Powers Agreement and the effective date of a contract between the Agency and the Managing Agency, the San Diego Association of Governments will serve as the Transitional Managing Agency.
Whenever these Bylaws establish duties or appointments for the Managing Agency or its officers, those duties or appointments will be the responsibility of the Transitional Managing Agency and its officers during the Transition Period, but only to the extent such duties correspond with the past practice of the Transitional Managing Agency and the Agency or as otherwise required by law.
Section FE Managing Agency - Subject to the policy direction and control of the Governing Board, and subject further to the terms, conditions and requirements of its contract with the Agency, the Managing Agency shall begin service upon the effective date of its contract and continue through the Initial Term and in that capacity shall provide all necessary administrative support to the Agency.Subject to the policy direction and control of the Governing Board, and subject further to the terms, conditions and requirements of its contract with the Agency, ______shall serve as Managing Agency of the Authority for the Initial Term and in that capacity shall provide all necessary administrative support to the Agency.
The Managing Agency shall solicit the input and participation of the other agencies and endeavor to achieve consensus while providing administrative support to the Agency. Refer to the Agreement for a listing of those administrative duties.
Section GF. Appointment of Managing Director - The Managing Director and such other officers as the Agency may deem necessary shall be appointed by a majority vote of the Governing Board.
1. The Managing Director will be an employee of the Managing Agency and serve at the pleasure of the Governing Board, which shall determine conditions of employment, including compensation.
2. The Executive Committee will annually evaluate the performance of the Managing Director and provide such evaluation to the Governing Board and Managing Agency.
Section HG. Removal of Officers - Officers may be removed from office by a majority vote of the Governing Board. Voting on removal shall take place no sooner than at the next regular meeting following the meeting at which a motion to remove officers was introduced. The motion should include the reasons for removal. Special notice of the motion shall be provided along with notice of the time and place of the meeting to all Governing Board Members at least one week prior to the meeting where the motion will be acted upon.
Section IH. Duties of Various Officers
LOSSAN Corridor Rail Agency Bylaws, 20123. 5
66
1. Duties of the Chair - The Chair shall, if present, preside at all meetings of the Governing Board and exercise and perform such other powers and duties as may from time to time be assigned to the Chair by the Governing Board or provided herein. In any case in which the execution of a document or the performance of an act is directed, the Chair, unless an act of the Governing Board otherwise provides, is empowered and directed to execute such document or perform such act.
2. Duties of the Vice-Chair - The Vice-Chair shall perform, in order, the duties of the Chair in his or her absence and, when so acting, shall have all the powers of and be subject to all the restrictions upon the Chair.
3. Chair Pro Tempore - In the event of the absence of or inability to act of the Chair and Vice-Chair, the voting members present at any meeting of the Governing Board, by order entered in the minutes, shall select one of their voting members to act as Chair Pro Tempore, who, while so acting, shall have all the authority of the Chair.
4. Duties of the Treasurer - The Treasurer of the Managing Agency, designated by a majority of a quorum of the Governing Board, may serve as the Treasurer of the Agency. The Treasurer shall be the depository of funds and have custody of all funds of the Agency from whatever source.
a. The Treasurer shall comply with all duties imposed under California Government Code, Section 6500 et.seq.
5. Duties of the Auditor - The Auditor of the Managing Agency, designated by a majority of a quorum of the Governing Board, may serve as the Auditor- Controller of the Agency. The Auditor-Controller shall draw warrants or check warrants against the funds of the Agency in the Treasury when demands are approved by the Governing Board or such other persons as may be specifically designated in the Bylaws.
a. The Auditor shall comply with all duties imposed under California Government Code, Section 6500 et.seq.
6. Duties of the Managing Director - The Managing Director shall be an employee of the Managing Agency and an officer of the Agency. Employees of the Managing Agency who have as their responsibility the support of the LOSSAN Corridor Rail Service shall report to the Managing Director. The powers and duties of the Managing Director are:
a. To develop and maintain the organizational and reporting structure, work responsibilities, job descriptions, and performance evaluation criteria for Managing Agency employees designated to support the LOSSAN Corridor Rail Service.
b. To hire and fire employees consistent with the Managing Agency personnel policies, recommend personnel classifications and other
LOSSAN Corridor Rail Agency Bylaws, 20123. 6
67
personal actions for the Managing Agency employees designated to support the LOSSAN Corridor Rail Service.
c. To recommend approval of contract employees dedicated to support the LOSSAN Corridor Rail Service and oversee their activities.
d. To direct the activities of Managing Agency employees and Managing Agency contractors assigned to the LOSSAN Corridor Rail Service.
e. To administer all contracts.
f. To cause to be prepared by a Certified Public Accountant and submitted to the Agency as soon as practical after the end of each fiscal year, a post audit of the financial transactions and records of the Agency for the preceding year.
g. To keep the Governing Board advised as to the needs of the Agency.
h. To have full charge of the administration of the business affairs of the Agency.
i. To see that all ordinances, rules, and regulations, motions, or resolutions are implemented and enforced.
j. To prepare and submit to the Governing Board on or before the last meeting of March of each year a proposed budget for the succeeding fiscal year. As part of the annual budget process, recommend the annual budget and staffing resources and support functions for the LOSSAN Corridor Rail Service, including job classifications, salary ranges and organizational functions and duties.
k. To update the Governing Board annually on efforts to institutionalize a LOSSAN Corridor Rail Service corporate identity, including but not limited to the establishment and maintenance of branding (logo, public communication, marketing), website, employee workspace design, and distinct corporate identity (domain, email, business cards, letterhead, etc.).
l. To oversee marketing, budget and programs for the LOSSAN Corridor Rail Service.
m. The Managing Director is authorized to make disbursements of funds of the Agency not to exceed $100,000 each, or as otherwise directed by Governing Board resolution, for the business of the Agency, provided that this limitation shall not apply to salary or to other disbursements that are necessary to meet contractual
LOSSAN Corridor Rail Agency Bylaws, 20123. 7
68
obligations that have been approved by the Agency per the authorized budget.
n. The Managing Director is authorized to contract for and execute, on behalf of the Agency, supplies, equipment and materials, and personnel service contracts not to exceed $100,000, or as otherwise directed by Governing Board resolution, without prior Governing Board approval.
o. The Managing Director shall keep or cause to be kept a book of minutes of all meetings of the Governing Board.
p. The Managing Director shall give or cause to be given notice of all meetings as may be required by law, by these By Laws, or by motion or resolution of the Governing Board.
q. The Managing Director shall:
(1) Oversee the functions of the Treasurer and Auditor.
(2) Execute a bond with one or more corporate sureties approved by the Governing Board in the sum of $250,000 payable to the Agency, conditioned upon the faithful performance of the duties of the office, and the payment of all money received by the Managing Director according to law and the orders of the Agency.
(3) Prepare or cause to be prepared a written report filed with the Governing Board quarterly (July, October, January, and April) and circulated to the Governing Board of each year reporting the amount of money held, the amount and source of receipts since the last report, and the amount and recipient of the amounts paid out since the last report prior to the meeting.
(4) Keep a full and complete record of all financial transactions and records of the Agency.
r. The Managing Director shall define an annual work program and report annually to the Governing Board on progress.
s. The Managing Director shall have such other duties, powers, and responsibilities as may from time to time be assigned by the Governing Board.
Section I. Committees
1. Technical Advisory Committee - The Governing Board shall form a Technical Advisory Committee (TAC) to review, on behalf of the
LOSSAN Corridor Rail Agency Bylaws, 20123. 8
69
Governing Board, technical issues associated with the improvements in passenger rail service and related facilities in the LOSSAN Corridor.
a. The membership of the Committee shall include representatives from the voting member agencies and Ex-Officio non-voting agencies as well as representatives from the California Public Utilities Commission, BNSF Railway, Union Pacific Railroad, Southern California Regional Rail Authority/Metrolink, and the Federal Railroad Administration..
b. Quorum – At least 5 members of the TAC, including at least one member of the voting membership from each of the LOSSAN Regions, shall constitute a quorum.
c. All actions of the TAC require a majority vote of the voting members present.
2. Executive Committee - The Governing Board shall form an Executive Committee. There shall be a maximum of four (4) voting members including the Chair, Vice-Chair and Past Chair if available or one person appointed by the Board with the Managing Director serving as a non- voting member. Among these members, there shall be at least one member from the LOSSAN North Region. The Executive Committee will meet as needed.
3. The Governing Board shall form other committees as necessary.
4. The Chair shall name all members of Governing Board committees with consent of a majority of the Governing Board.
ARTICLE V - MEETINGS
Section A. Agenda - Matters to be placed on the agenda for any regular meeting may be filed with the Managing Director or the Chair of the Agency. The agenda for each regular meeting shall be prepared by the Managing Director. Copies of the agenda shall be mailed or delivered to each member three working days prior to the regular meeting date. Formal action, other than appointment of the committee or subcommittee, will not ordinarily be taken with respect to any matter not included on the agenda unless a majority of the voting members of the Agency present at the meeting consent to such consideration.
Section B. Regular Meetings - Regular meetings of the Governing Board shall be held at least quarterly, on the date determined by the ChairGoverning Board. The meetings of the Governing Board will be held at a location at the discretion of the Governing Board.
1. The meeting place may rotate among the member agencies.
2. The Chair shall announce the date and place of the next meeting.
LOSSAN Corridor Rail Agency Bylaws, 20123. 9
70
Section C. Special Meetings - A special meeting may be called at any time by the Chair or, in the Chair’s absence, by the Vice-Chair, in order, or by any six members by delivering personally or by mail written notice to the Managing Director and to each member. Such notice shall be delivered at least 24 hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business transacted at such meeting. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the Secretary a written waiver of notice. Such waiver may be given by telegram or facsimile. Such written notice shall be deemed waived as to any member who is actually present at the meeting at the time it convenes.
Section D. Quorum –At least five of the voting member agencies of the Governing Board, including at least one member of the voting membership from each of the LOSSAN Regions, shall constitute a quorum for the transaction of business and all official acts of the Governing Board.
Section E. Ralph M. Brown Act - All meetings of the Governing Board shall be called, noticed, and conducted in the manner prescribed in the California Government Code, Section 54950, et.seq.
Section F. Committee of the Whole - At any regular meeting not held because of a lack of a quorum, members present, if less than a quorum of the Governing Board, may constitute themselves a “Committee of the Whole” for purposes of discussing agenda matters or any other matter of interest to the members present. The committee shall automatically cease to exist if a quorum of the Governing Board is present at the meeting.
Section G. Motions - Only voting members may make and second motions.
Section H. Actions of the Board - A supermajority vote requires eight (8) affirmative votes of the voting membership of the Governing Board which includes at least one vote of the voting membership from each of the LOSSAN Regions.
Topics that would require a supermajority vote (eight (8) affirmative votes of the voting membership of the Board including at least one vote from each of the regions identified above) include: 1. Recommending changes to the LOSSAN legislation; 2. Recommending changes to the Joint Powers Agreement regarding membership of the Governing Board; 3. Recommending changes to the Joint Powers Agreement regarding voting structure of the Governing Board; 4. Approval and changes to the LOSSAN Bylaws; 5. Reduction of LOSSAN Corridor Rail Service.
LOSSAN Corridor Rail Agency Bylaws, 20123. 10
71
All other topics require a majority vote of the members present at any regular, adjourned or special meeting where a quorum has been constituted for the transaction of business.
Amendments to the Joint Powers Agreement require the unanimous agreement of the voting Member Agencies.
ARTICLE VI - PROCUREMENT OF GOODS AND SERVICES
Section A. In General - The Agency may enter into contracts of any nature including, but not limited to, contracts to indemnify and hold harmless, to employ labor, and to do acts necessary and convenient for the full exercise of its powers. The Agency may contract with any public agency or with any other person or organization upon such terms and conditions as the approving authority finds are in the best interests of the Agency.
1. The Agency shall develop administrative procedures establishing proper procurement practices and authority to award contracts.
2. The Managing Director may authorize the purchase of goods or services for the Agency through the procurement department of any of the member agencies, counties, or other public agency if this would be advantageous to the Agency and if the purchase is conducted using acceptable contracting procedures. Approval of such purchases is restricted to the same level of approval authority as would be required were the Agency to conduct the procurement itself.
ARTICLE VII – BUDGET AND FINANCIAL RECORDS
Section A. Budget Adoption - Each year no later than the Governing Board’s last meeting in March, the Managing Director shall submit for the Governing Board’s adoption the Annual Budget for the succeeding fiscal year. Approval of a majority of a quorum of the Governing Board shall be required for adoption of the Budget and any amendments thereto.
Section B. Board Approval of Expenditures
1. The Governing Board’s approval of an Annual Budget shall be deemed approval of expenditures made in accordance with the approved Budget. All expenditures in excess of the designations and limitations of the approved Annual Budget and in excess of $100,000 shall be made only upon the approval of a majority of a quorum of the Governing Board.
2. The Governing Board shall receive a quarterly report on expenditures of $100,000 and less.
LOSSAN Corridor Rail Agency Bylaws, 20123. 11
72
3. With respect to procurements of goods and services, approvals of contract awards shall be made in accordance with the Agency’s administrative procedures, but payment of a contractor or consultant in accordance with the terms of an approved contract is authorized without further Governing Board approval.
4. Approvals of expenditures for travel, conference and business-related activities and reimbursement of Governing Board Members and Agency staff for such expenditures shall be governed by the Travel, Conference and Business Expense procedures to be adopted by the Agency.
Section C. Books and Accounts - A full and complete record of all financial transactions of the Agency shall be maintained by the Managing Director, with the support of the Auditor-Controller and Treasurer in accordance with practices established by, or consistent with those utilized by the Controller of the State of California for like public agencies. In particular, the Managing Director or designee, with the support of the Auditor-Controller and Treasurer, shall comply with the requirements of the statute governing joint power agencies, Chapter 5, Division 7, Title 1 of the Government Code commencing at Section 6500.
Section D. Audit Reports - The Managing Director or designee and the Auditor shall cause to be prepared by an independent Certified Public Accountant an audit of the financial transactions and records of the Agency for the preceding year. The audit shall be presented as soon as practical after the close of each fiscal year. In addition, the Managing Director or designee shall prepare and file with the Agency quarterly reports as stated in Article IV, Section H6q(3).
Section E. Investment of Funds - All funds of the Agency from whatever source shall be deposited with the Treasurer who shall have custody of the funds. All funds of the Agency will be invested in the manner and upon the conditions set forth in Government Code Section 53601. In the event that receipt of funds from a particular source shall be conditioned upon investment requirements for those funds, and furthermore, that those requirements do not conflict with Government Code Section 53601, the Treasurer shall invest such funds in compliance with the requirements of the funding source.
Section F. Should any provision of these Bylaws be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall be severable and enforceable.
ARTICLE VIII - AMENDMENTS
Amendments to these Bylaws may be proposed by a Governing Board Member. The Amendment shall be submitted to the Governing Board at a meeting at least one month prior to the meeting at which the Amendment is voted upon. A supermajority vote (eight (8) affirmative votes) of the voting membership of the Governing Board including at least one vote from each of the regions identified in Article II, Section IH is required to adopt an Amendment.
LOSSAN Corridor Rail Agency Bylaws, 20123. 12
73
[AGENCY NAME HERE]
Chair
Date
I HEREBY CERTIFY that the attached is a true and correct copy of the original document approved by the Board of Directors:
Clerk of the Board
Date
LOSSAN Corridor Rail Agency Bylaws, 20123. 13
74 Attachment 3
REVISED LOSSAN PHASING PLAN AND EXAMPLE TIMELINE
Secretary Establishes Performance Standards
SANDAG Administrative Support Transitional Managing Agency LOSSAN Authority for Pacific Surfliner Service
Finalize MA Hire Negotiate with State Agreement MD (Final ITA Between June 30, 2014 and June 30, 2015)
Release Interim Budget and Member Agency Approvals Budget MA RFP Work Plan Business Plan
3 3 3 12 l 1 r 1 r 14 n 1 n 14 p p Ju Ja
Oct A Ju A
Proposals Selection Due
1: Approvals 2: Transition 3: Negotiation 4: Initial Term (3 yrs)
Key: MA=Managing Agency; MD=Managing Director
SANDAG Administration
Managing Agency Responsibility
75 Los Angeles – San Diego – San Luis Obispo (LOSSAN) Rail Corridor Agency JOINT POWERS BOARD
October 15, 2012 AGENDA ITEM NO.: 9
Action Requested: INFORMATION
CORRIDOR CAPITAL PROJECTS STATUS File Number 3400600
Introduction
Approximately two-thirds of the 351-mile LOSSAN corridor is currently a single track. As a result, the LOSSAN Corridorwide Strategic Implementation Plan identified an extensive capital improvement program in excess of $4 billion in additional capacity, station improvements, signal and communications improvements, and other capital projects.
The corridor’s owners and developers have a number of projects currently in varying degrees of development, from planning to final design to construction (Attachment 1). Projects are currently under construction in San Diego and Los Angeles counties, which additional projects in preliminary engineering or final design along other segments of the corridor. Attachment 1 provides the status of corridor capital projects. Projects currently in construction are highlighted below.
San Diego County
About 46 percent of the corridor in San Diego County is single track. SANDAG as the developer for transit capital improvement projects in the region, has more than 20 projects funded for various stages of development, including two which are currently under construction:
Sorrento to Miramar Phase 1: This project constructs 1.1 miles of double track just south of the Sorrento Valley COASTER station in the City of San Diego, which will benefit COASTER and Pacific Surfliner passenger service and BNSF freight service. The $42 million project is scheduled to be open to the public in 2013 and is funded by a combination of state and local transportation dollars.
Sante Fe Drive Pedestrian Grade Separation: This project constructs the first of four planned pedestrian grade separations in the City of Encinitas. The $6 million project is scheduled to be open to the public at the end of 2012 and is funded by a combination of state and local transportation funds.
76 Los Angeles County
Los Angeles to Fullerton Triple Track: A key bottleneck in the corridor is the section of double track between Fullerton and Los Angeles, heavily used by passenger trains and BNSF freight trains. Caltrans is underway with Segment 7 of 8 sections of triple track, which also includes two grade separation projects. These projects total $267 million and are partially funded by state and federal transportation sources.
Attachment: 1. Status of LOSSAN Corridorwide Capital Projects
Key Staff Contact: Linda Culp, (619) 699-6957, [email protected]
77 PRELIMINARY STATUS OF LOSSAN CORRIDORWIDE CAPITAL PROJECTS
Level of Open to Total Cost Current Phase Project Funding Public Description Estimate ($M) [2] [1] (Estimate)
SAN DIEGO COUNTY
CP Songs to CP "Trestles" Double Track $38 N P tbd approx 1 mile of double track on Camp Pendleton
San Onofre to Pulgas Double Track (Phase 1) $37 F FD 2015 4.2 miles of double track on Camp Pendleton San Onofre to Pulgas Double Track (Phase 2) $36 P FD tbd 1.6 miles of double track on Camp Pendleton .6 miles of double track and lagoon bridge replacement in City Eastbrook to Shell Double Track $53 P PE/ENV 2011‐2020 of Oceanside Oceanside Transit Center Parking $23 N P 2021‐2030 parking structure Oceanside Through Track $19 F FD 2014 add third station track to relieve train congestion Carlsbad Village COASTER Station Parking $19 N P 2021‐2030 parking structure 1.0 mile of double track and lagoon bridge replacement in City Carlsbad Village Double Track $46 P PE/ENV 2011‐2020 of Carlsbad Carlsbad Poinsettia COASTER Station Parking $21 N P 2021‐2030 parking structure construct pedestrian undercrossing, inter‐track fence in order Poinsettia Station Improvements $13 F FD 2014 to eliminate thru‐train "hold out" rule in City of Carlsbad first of four planned pedestrian undercrossings in City of Encinitas Pedestrian Grade Separation (Santa Fe Drive) $6 F C 2012 Encinitas construct remaining 3 pedestrian undercrossings in City of Encinitas Grade‐Separated Pedestrian Crossings $18 P PE/ENV 2011‐2020 Encinitas 2.7 miles of double track and lagoon bridge replacement in City CP Ponto to CP Moonlight DT $43 N P 2021‐2030 of Carlsbad CP Moonlight to CP Swami DT $20 N P 2021‐2030 .8 miles of double track in City of Encinitas. Leucadia Boulevard Grade Separation $150 N P 2041‐2050 Grade Separation in City of Encinitas 1.5 miles of double track and lagoon bridge replacement in City San Elijo (Cardiff to Craven) Double Track $76 F FD 2016 of Encinitas Solana Beach Station Parking $25 N P 2011‐2020 parking structure 1.1 miles of double track and lagoon bridge replacement in City San Dieguito Bridge Double Track $110 P PE/ENV 2021‐2030 of Del Mar permanent special events platform to directly serve Del Mar Del Mar Fairgrounds Special Events Platform $6 P PE/ENV 2021‐2030 Racetrack replace 3 aging timber trestle lagoon bridges for state of good Los Penasquitos Bridge Replacements $24 P FD 2015 repair in City of San Diego Tunnel and approximately 4 miles of double track in City of Del Del Mar Tunnel $1,200 N P 2041‐2050 Mar 1.7 miles of double track and lagoon bridge replacements in Los Penasquitos Lagoon Double Track $80 N P 2041‐2050 City of San Diego 1.1 miles of double track and lagoon bridge replacement in City Sorrento Valley Double Track $34 F FD 2015 of San Diego PRELIMINARY STATUS OF LOSSAN CORRIDORWIDE CAPITAL PROJECTS
Level of Open to Total Cost Current Phase Project Funding Public Description Estimate ($M) [2] [1] (Estimate)
1.4 miles of double track, signals, and new bridge in City of San Sorrento to Miramar Double Track (Phase 1) $42 F C 2013 Diego 1.8 miles of double track, curve realignments in City of San Sorrento to Miramar Double Track (Phase 2) $122 P FD 2021‐2030 Diego 2.6 miles of double track, curve realignment in City of San Elvira to Morena Double Track $80 F PE/ENV 2011‐2020 Diego 0.9 miles of double track and river bridge replacement in City of CP Tecolote to CP Friar $44 N P 2021‐2030 San Diego
Tecolote and Washington Crossovers $11 F FD 2013 Crossovers in City of San Diego to provide operational flexibility
Track improvements and new station adjacent to San Diego Airport Intermodal Transportation Center $165 P P tbd International Airport Santa Fe Station Parking $8 N P 2021‐2030 Additional station parking ORANGE COUNTY Laguna Niguel to San Juan Capistrano Passing Siding $30 P PE/ENV 2014 1.7 mile siding extension in City of Laguna Niguel Irvine 3rd Main Track Extension $75 N P 2017 approximately 8 miles of third track in City of Irvine. Anaheim Canyon Station Double Track $20 P P 2016 additional track at Metrolink Station grade separation for freight, commuter, intercity and high‐ State College Grade Separation $92 P FD 2014 speed services grade separation for freight, commuter, intercity and high‐ Ball Road Grade Separation $71 N P tbd speed services grade separation for freight, commuter, intercity and high‐ Orangethorpe Grade Separation $99 N P tbd speed services 17th Street Grade Separation ‐ Santa Ana $89 N P tbd grade separation for freight, commuter and intercity rail Grand Avenue Grade Separation ‐ Santa Ana $72 N P tbd grade separation for freight, commuter and intercity rail Santa Ana Boulevard Grade Separation ‐ Santa Ana $74 N P tbd grade separation for freight, commuter and intercity rail Main Street Grade Separation ‐ Orange $69 N P tbd grade separation for freight, commuter and intercity rail Serra Siding Extension $15 N P tbd siding extension in south Orange County LOS ANGELES COUNTY approximately 15 miles of third main track in 8 segments on the BNSF Railway between LA and Fullerton. There are 6 related Commerce to Fullerton, Triple Track $160 P C 2016 grade separations planned between Commerce and Fullerton, two of which are scheduled to be built concurrently with this project Grades separates Valley View Avenue and BNSF mainline MP Valley View Avenue Grade Separation $64 F C 2014 158.41, located in the City of Santa Fe Springs Grades separates Passons Blvd and BNSF mainline MP 151.4 in Passons Blvd Grade Separation $43 F C 2012 the City of Pico Rivera track and signal improvements to facilitate thru train Union Station Run‐Through Tracks $350 P PE/ENV 2017 movements at Los Angeles Union Station PRELIMINARY STATUS OF LOSSAN CORRIDORWIDE CAPITAL PROJECTS
Level of Open to Total Cost Current Phase Project Funding Public Description Estimate ($M) [2] [1] (Estimate)
CP Raymer to CP Bernson Second Main Track $71 P PE/ENV tbd 7 miles of second main track in City of Northridge
Van Nuys North Platform $40 second platform at Van Nuys Station to eliminate chokepoint realignment and hi‐speed switches at junction used by Burbank Junction Track Realignment $9 Metrolink, Surfliner, and Amtrak long‐distance trains CP Raymer Universal Crossover $5 track improvement to increase operational flexibility VENTURA COUNTY CP Las Posas to MP 423 Second Main Track $57 N P tbd 4 miles of second track in City of Moorpark additional continuous second track in conjunction with Oxnard to Camarillo Second Main Track $15 N P tbd Leesdale Siding Leesdale Siding Extension $15 N P tbd siding extension extend siding to 10,000 feet and reduce curvature to allow for Seacliff Siding Extension and Curve Realignment $28 P PE/ENV 2018 higher speeds and reduced maintenance Santa Susana Siding Extension $40 N P tbd siding extension, second platform at Simi Valley Station station platform and track improvements to facilitate Ventura East Ventura Station Improvements $5 N P tbd to Santa Barbara commuter service Oxnard Station North Platform $20 N P tbd second platform at Oxnard Station Montalvo Wye Second Track $55 N P tbd additional track capacity SANTA BARBARA COUNTY reconstruct siding destroyed by storm damage in the 1990s; Ortega Siding $20 P PE/ENV tbd will increase passenger and freight capacity on a 17 mile stretch of single track Goleta Siding Extension $10 N P tbd siding extension, signal improvements, tie replacement installation of Centralized Traffic Control in key areas of the CTC Installation (Islands only) $30 N P tbd corridor Capitan Siding Extension $15 N P tbd siding extension, signal improvements, tie replacement Devon Siding Extension $15 N P tbd siding extension, signal improvements, tie replacement siding extension and double track approximately 30 miles south Waldorf Siding Double Track $25 N P tbd of San Luis Obispo, signal improvements SAN LUIS OBISPO COUNTY connect islands of CTC for continuous system from San Luis CTC Installation $30 N P tbd Obispo to San Diego Grover Beach Second Platform and Track $75 N P tbd platform and track improvements at Grover Beach Station
TOTAL PROJECTS $4,434 [1]: F=Full Funding; P=Partial Funding; N=No Funding [2]: P=Planning; PE/Env=Preliminary Engineering/Environmental Documentation; FD=Final Design; C=Construction Projects in construction phase are highlighted.