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HomeMy WebLinkAbout4.10 SFBayAreaRegTranBoard CITY CLERK File # 660-40 AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 18, 2002 SUBJECT: Opposition to SB 1491, San Francisco Bay Area Regional Transit Policy Board Report Prepared By: Jason Behrmann, Administrative Analyst ATTACHMENTS: 1) Text of SB 1491, as amended May 30, 2002 2) · Draft letter opposing SB 1491 RECOMMENDATION:A t'~ (~ Authorize the Mayor to sign and send letter opposing SB 1491 FINANCIAL STATEMENT: None DESCRIPTION: Mayor Lockhart has requested that the City Council consider authorizing a letter of opposition to Senate Bill 1491, San Francisco [lay Area Regional Transit Policy Board~ The Bill is being actively opposed by the Livermore Amador Valley Transit Authority (LAVTA). BACKGROUND: The Metropolitan Transportation Commission (MTC) is the designated metropolitan planning organization for the nine-county San Francisco Bay Area. Existing law charges the MTC with numerous planning, fund allocation, transportation coordination and rhanagement responsibilities. The law also requires the MTC to provide comprehensive regional transportation planning in the nine-county region and develop the Regional. Transportation Plan. The Regional Transportation Plan provides for the development of mass transit, highway, airport, seaport, railroad, bicycle and pedestrian facilities. The MTC also is responsible for evaluating requests from local agencies for state and federal grants for transportation projects to determine compatibility with the plan. Existing law requires the MTC to establish the Regional Transit Coordinating Council (RTCC) for the purpose of coordinating routes, schedules, fares and transfers among Bay Area transit operators and the consideration of joint ventures in marketing, maintenance and purchasing. The RTCC is composed of all transit managers in the Bay Area. COPIES TO: ~) H/cc-forms/agdastmt.doc ISSUES: SB 1491 merges statutory references and provisions relating to the Bay Area's RTCC into a new regional transit policy board, and specifies that the San Francisco Bay Area Regional Transit Policy Board (RTPB) is the successor organization to the RTCC. SB 1491 does the following: 1. Creates the 19-member Regional Transit Policy Board consisting of: A. Nine congestion management agency members (City and County of San Francisco and the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, SantaClara, Solano, and Sonoma)o Six regional transit operator members (Alameda-Contra Costa Transit District, the Golden Gate Bridge,Highway and Transportation District, the San Francisco Bay Area Rapid Transit District, the San Francisco Municipal Transportation Agency, the San Mateo County Transit District, and the Santa Clara Valley Transportation Authority). C. Members appointed by the California Transportation Commission, representing business, an environmental coalition and a social equity interest. D. One member from the State Department of Transportation. Requires the RTPB to develop short-term, medium-term and long-term master regional plans that include, among other things: A. Corridor multimodal plans, intermodal transit hub locations, park-and-ride facilities and feeder system improvements. B. Cost-effectiveness principles, integrated fare structure recommendations and new funding sources, including taxes and bridge tolls. C. Commuter rail expansion and new construction phasing for a HOV lane network and regional express bus service. SB 1491, as amended May 30, 2002 does. not provide for rePresentation on the RTPB of medium and small transit operators such as LAVTA. Additionally, based upon the current language in the Bill regarding the RTPB's role, it would be possible for the Board to make recommendations regarding transit in the Bay Area which would not be favorable to small operators. RECOMMENDATION: Staff recommends that the Council authorize the Mayor to sign and send the attached letter opposing SB 1491, San Francisco Bay Area Regional Transit Policy Board. · SB 1491 Senate Bill - AMENDED Page 1 of 6 BILL NUMBER: SB 1491 AMENDED BILL TEXT AMENDED IN SENATE MAY 30, 2002 AMENDED IN SENATE MAY 14, 2002 AMENDED IN SENATE APRIL 24, 2002 AMENDED IN SENATE APRIL 1, 2002 INTRODUCED BY Senator Perata FEBRUARY 19, 2002 An act to amend Sections 66516 and 66516.5 of, and to add Section 66537 to, the Government Code, and to amend Section 99230 of the Public Utilities Code, relating to transportation° LEGISLATIVE COUNSEL'S DIGEST SB 1491, as amended, Perata. Transportation: San Francisco Bay Area Regional Transit Policy Board. (1) Existing law establishes the Metropolitan Transportation Commission to provide comprehensive regional transportation Planning for the region comprised of the City and County of San Francisco and the Counties of Alameda, Contra Costa, Matin, Napa, san Mateo, Santa Clara, Solano, and Sonoma. Under existing law, the commission is required to work with the regional transit coordinating council to coordinate fares and schedules an~ to consolidate functions performed by individual public transit systems. This bill would establish the San Francisco Bay Area Regional Transit Policy Board and would merge the regional transit coordinating council into the board. The bill would provide that the board would be the successor organization to the council and would assume the council's functions and provide advice to the Metropolitan Transportation Commission on regional transit planning and expansion issues, thereby imposing a state-mandated local program. The bill would provide for the membership of the board and would require the board to develop short-term, medium-term, and long-term master regional transit plans. The bill would require the board, after complying with certain requirements, to submit the plans to the commission. The bill would require the commission to consider the plans and to comply with specified procedural requirements if it elects to amend any provision of the plan, thereby imposing a state-mandated local program. The bill would specify that costs incurred by'the commission in discharging these functions be paid solely from funds allocated to it for the conduct of the transportation planning and programming process. The bill would require any regional transit expansion policy adopted by the commission on or after July 1, 2005, to be consistent with the plans, except as specified. The bill would require each agency or operator that appoints a member to the board to make specified monetary and staff support contributions to the board on an annual basis. The bill would require the board to use these funds to cover any costs incurred under these provisions and would require the board to endeavor to complete the specified work elements subject to the budgetary constraints. The bill would provide that the board is under no obligation to exceed the funds available in performing the work specified in the bill. The bill would provide that these fund A"Fr'ACHMENT 1 h~p:#info.sen.ca.gov/pub/bill/sen/sb_1451-1500/sb_1491 bill 20020530 an - - - SB 1491 Senate Bill - AMENDED · Page 2 of 6 be considered in full satisfaction of and in lieu of any reimbursable mandate claims relating to work effort incurred pursuant to the bill. The bill would provide that these provisions would become inoperative on July 1, 2003, if less than ~ ~ccificd numbe~ members have been appointed to the board ~ dono £o on by that date. (2) Existing law, the Mills-Alquist-Deddeh Act, authorizes the Metropolitan Transportation Commission, as a designated transportation planning agency, to allocate moneys from the local transportation fund established by a county to designated claimants. This bill would prohibit the commission from making an allocation of these funds to ~ c!~im~nt other th~n a transit operator that is not a participating member of the San Francisco Bay Area Regional Transit Policy Board , provided the board is established by the appointmen.t of 10 or more members to it on or before July 1, 2003 (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide with respect to the San Francisco Bay Area Regional Transit Policy Board, that no reimbursement is required by this act for a specified reason° This bill would also provide that the Legislature finds there is no mandate contained in the bill that will result in costs incurred by the Metropolitan TranSportation Commission for a new program or higher level of service which require reimbursement pursuant to these constitutional and statutory provisions° Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 66516 of the Government Code is amended to read: 66516° The commission, in coordination with the San Francisco Bay Area Regional Transit Policy Board established pursuant to Section 66537, shall adopt rules and regulations to promote the coordination of fares and schedules for all public transit systems within its jurisdiction. The commission shall require every system to enter into a joint fare revenue sharing agreement with connecting systems consistent with the commission's rules and regulations. The San Francisco Bay Area Regional Transit Policy Board shall be the successor organization to the regional transit coordinating council established by the commission pursuant to Section 29142.4 of the Public Utilities Code. SEC. 2. Section 66516.5 of the Government Code is amended to read: 66516.5. The commission may do the following: (a) In consultation with the San Francisco Bay Area Regional Transit Policy Board, identify those functions performed by individual public transit systems that could be consolidated to improve the efficiency of regional transit service, and recommend that those functions be consolidated and performed through interoperator, agreements or as services contracted to a single http://inf~.sen.ca.g~v/pub/bi~~/sen/sb-~45~-~5~~/sb-~49~-bi~~-2~~2~53~-amended-sen.htm~ 6/6/2002 SB 1491 Senate Bill - AMENDED Page 3 o£0 entity. (b) Improve service coordination and effectiveness in those transit corridors identified as transit corridors of regional significance by the commission in consultation with the San Francisco Bay Area Regional Transit Policy Board by recommending improvements in those corridors, including, but not limited to, reduction of duplicative.service and institution of coordinated service across public transit system boundaries. SEC. 3. Section 66537 is added to the Government Code, to read: 66537. (a) The regional transit coordinating council, created by the commission pursuant to Section 29142.4 of the Public Utilities Code, is hereby merged into the San Francisco Bay Area Regional Transit Policy Board. (b) The San Francisco Bay Area Regional Transit Policy Board is hereby established for the purpose of providing advice to the commission on regional transit planning and expansion issues. (c) The San Francisco Bay Area Regional Transit Policy Board consists of the following 19 members: (1) Nine congestion management agency members. The congestion management agencies for the City and County of San Francisco and the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma may appoint one member each. (2) Six regional transit operator members. The governing boards of the Alameda-Contra Costa Transit District, the Golden Gate Bridge, Highway and Transportation District, the San Francisco Bay Area Rapid Transit District, the San Francisco Municipal Transportation Agency, the San Mateo County Transit District, and the Santa Clara Valley Transportation Authority may appoint one member each. (3) Four stakeholder members. The California Transportation Commission shall appoint a member from a business advisory group, a member from an environmental coalitions and a member representing social equity interests. These members shall be selected with the goal of providing a regional perspective to the board. The Department of Transportation, District 4, shall be the fourth stakeholder member. (d) In furtherance of its purpose, the board shall develop short-term, medium-term, and long-term master regional transit plans that include, but need not be limited to, all of the following elements: {1) A recommended multimodal plan, by corridor. (2) Established principles of cost-effectiveness and other significant performance measurements. (3) Identification of locations that will serve as transit hubs for intermodal connections. (4) Integrated fare structure recommendations. (5) Recommended phasihg of new construction of the high-occupancy vehicle lane network, and the initiation of the regional express bus service. (6) Strategic commuter rail expansion. (7) Feeder system improvements, and recommended park and ride facilities. (8) Recommended funding sources. (9) Any proposed new funding sources, including, but not limited to, increased bridge tolls, the sales tax on fuel, and coordinated sales tax measures. (e) The board shall submit the plans developed under subdivision (d) to the commission on or before January 1, 2005, and shall update the plans not less than once every three years thereafter. The commission at a regularly scheduled meeting shall consider and adopt the plans described in subdivision (d) within a reasonable time after http://info.sen, ca.gov/pub/bill/sen/sb_1451 - 1500/sb_ 1491_bi11_20020530_amended_sen.html 6/6/2002 SB 1491 Senate Bill - AMENDED Page 4 of{[ their submission. If the commission elects to amend any provision of a plan, it shall make tentative findings explaining the basis for the amendment. The San Francisco Bay Area Regional Transit Policy Board shall respond to these findings within 30 calendar days after the date the commission made the findings. The commission shall make any amendment to the plan at a public meeting, after considering the response to the amendments by the San Francisco Bay Area Regional Transit Policy Board. (f) Any regional transit expansion policy adopted by the commission on or after July 1, 2005, shall be consistent with the plans adopted under subdivision (e), except that this subdivision does not apply if the board does not submit the original plans or the updated plans on or before the deadlines imposed under subdivision (g) The regional transit plans may not be submitted to the commission until all of the following conditions have been met: (1) The plans have been approved by not less than two-thirds of the members appointed under paragraph (1) of subdivision (c)~ and not less than two-thirds of the members appointed under paragraph (2) of subdivision (c). (2) The plans have been ratified by the governing bOards of a majority of the congestion management agencies listed in paragraph (1) of subdivision (c), and the governing boards of a majority of the transit operators listed in paragraph (2) of subdivision (c). (h) No action taken by the board is valid unless a quorum is present and a majority of those present and voting approves the action. (i) The board shall appoint a chair and other administrative officers to two-year terms. (j) Each agency or operator that appoints a member to the board shall do both of the following on an annual basis: (1) Submit the amount of twenty-five thousand dollars ($25,000) to the board. Notwithstanding the provisions of this paragraph, the congestion management agencies for the Counties of Marin, Napa, Solano, and Sonoma shall submit to the board a contribution that is one-half of the amoUnt of the contribution that the other agencies or operators are required to submit to the board by this paragraph. (2) Provide the board with fifteen thousand dollars ($15,000) of staff support in the form of in-kind service° (k) After the first year of operation, the amount of the .contributions required under subdivision (j) may be reduced by the board. (1) The board shall use the money received under subdivision (j) to cover any costs incurred under this section° The board shall be under no obligation to perform work under this section that exceeds the funds available under subdivision (j). The board shall endeavor to complete the enumerated work elements to the best of its ability subject to the budgetary constraints imposed by the funds made available under subdivision (j). These funds shall be considered in full satisfaction of, and are in lieu of, any reimbursable mandate claims relating to work effort incurred pursuant to this section. (m) This section shall become inoperative on July 1, 2003, if less th~ five of the ~gencies listed in pnr~grnph {!) cf on that d~te. less than lO members have been appointed to the San Francisco Bay. Area Regional Transit Policy Board by that date. (n) Any costs associated with this section incurred by the commission shall be paid solely from funds provided pursuant to http ://info. sen. ca.gov/pub/bill/sen/sb_1451 - 1500/sb_ 1491_bi11_20020530_amended_sen.html 6/6/2002 ~ 1491 Senme Bill - AMENDED Page 5 of~ Section 99233.2 of the Public Utilities Code. SEC. 4. Section 99230 of the Public Utilities Code is amended to read: 99230~ (a) The designated transportation planning agency shall, from an analysis and evaluation of the total amount anticipated to be available in the local transportation fund and the relative needs of each claimant for the purposes for which the fund is intended, and consistent with the provisions of this chapter, annually determine the amQunt to be allocated to each claimant. (b) .Notwithstanding any other provision of law, the Metropolitan Transportation Commission may not allocate moneys in the fund to ~ c!~im2nt an operator member listed in paragraph (2) of subdivision (c) of Section 66537 of the Government Code that is not a participating member of the San Francisco Bay Area Regional Transit Policy Board , provided that the board has been established pursuant to Section 66537 of the Government Code by the appointment of 10 or more members to it on or before July 1, 2003 SEC. 5. No reimbursement is required by this act for the San Francisco Bay Area Regional Transit Policy Board pursuant to Section 6 of Article XIII B of the California Constitution because it has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. SEC° 6. Pursuant to Section 17579 of the Government Code, the Legislature finds that there is no mandate contained in this act that will result in costs incurred by the Metropolitan Transportation Commission for a new program or higher level of service which require reimbursement pursuant to Section 6 of Article XIII B of the California Constitution and Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. http://info.sen.ca.gov/pub/bill/sen/sb_1451-1500/sb_149 l_bill_20020530_amended_sen.html 6/6/2002 Website: http://www, ci.dublin.ca.us Senator Tom Torlakson State Capitol Building #2068 Sacramento, CA 95814 RE: Oppose SB 1491, San Francisco Bay Area Regional Transit Policy Board Dear Senator Torlakson: SB 1491, which would create the San Francisco Bay Area Regional Transit Policy Board (RTPB), would prohibit Bay Area public transit operators, with the exception of six, from participating in important regional transportation planning discussions. The RTPB is replacing the Regional Transit Coordinating Council, which includes transit managers of all Bay Area transit agencies. SB 1491 does not provide for representation of medium and small transit operators and the City believes that it is imperative that smaller transit operators participate in these important region-wide disCUssions. Although the Bill defines certain tasks of the Board, the language in the Bill regarding the Board's role (''charged with, but not limited to") makes it possible for this group to make recommendations regarding transit in the Bay Area which would not be favorable to small operators The City opposes any transportation legislation that ignores local transit operators who provide an invaluable service to the City's residents and play an important role in decreasing traffic congestion and improving air quality. Sincerely, Janet Lockhart Mayor Area Code (925) · City Manager 833-6650 · City Council 833-6650 · Personnel 833-6605 Finance 833-6640 · Public Works/Engineering 833-6630 - Parks & Community Service Planning/CodeEnforcement833-6610-Buildinglnspection833-6620-FirePrel A'I-FACHtqENT 2 Printed on Recycled Paper