Convene as the Transportation Policy Advisory Committee

Transcription

1 210 N. Church, Suite B Visalia, California Phone (559) Fax (559) Tulare County Association of Governments Date: January 22, 2013 (Tuesday) Time: 1:00 p.m. Place: Exeter Historical Museum 125 South B Street Exeter, CA Date: January 17, 2013 (Thursday) Technical Advisory Committee Time: 1:30 p.m. Place: TCAG Conference Room 210 N. Church, Suite B Visalia, CA In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, including auxiliary aids, translation requests, or other accommodations, or to be able to access this agenda and documents in the agenda packet, please contact the TCAG office at at least 3 days prior to the meeting. The full agenda including staff reports and supporting materials is available at the TCAG office. I. CALL TO ORDER & WELCOME II. III. PLEDGE OF ALLEGIANCE PUBLIC COMMENTS This portion of the meeting is reserved for persons wishing to address the Board on items within its jurisdiction but not on this agenda. NOTE: Prior to action by the Board or Transportation Policy Advisory Committee on any item on this agenda, the public may comment on that item. Unscheduled comments may be limited to 3 minutes. Convene as the Transportation Policy Advisory Committee All items on the Consent Agenda are considered to be routine and non-controversial by TCAG staff and will be approved by one motion if no member of the Committee or public wishes to comment or ask questions. Items pulled from the Calendar will be considered separately. IV. TRANSPORTATION CONSENT CALENDAR ACTION AND INFORMATION ITEMS Request Approval of the Transportation Consent Calendar Action Items IV-A through IV-D A. Action: Approve the Final 2012/13 Local Transportation Funds (LTF) and State Transit Assistance Fund Apportionments (Pages 1-4) B. Action: Adoption of Resolution: Approve the Transportation Development Act (TDA) Claims for the City of Visalia and the County of Tulare for Fiscal Year 2012/13 (Pages 5-16) C. Action: Adoption of Resolution: Reaffirm 2013 Transportation Improvement Program (FTIP) Amendment No. 2 (Pages 17-28) D. Action: Adoption of Resolution: Approve Fiscal Year 2012/13 Overall Work Program (OWP) Revised Amendment No. 3 (Pages 29-32) V. TRANSPORTATION ACTION/DISCUSSION ITEMS A. Presentation: Monache High Film Promotion (No Page) B. Presentation: County of Tulare Buy America Requirements for Construction Projects (No Page) Dinuba Exeter Farmersville Lindsay Porterville Tulare Visalia Woodlake County of Tulare

2 C. Information: San Joaquin Valley Railroad Short Line Update (Pages 33-40) D. Action: Adoption of Resolutions: Approve TCAG Rail Advisory Committee Amendment No. 1 and Approval of TCAG Rail Advisory Committee Appointment (Pages 41-48) E. Action: Adoption of Resolution: Approve Fiscal Year 2012/13 Overall Work Program (OWP) Amendment No. 6, funding the Tulare County Coordinated Social Services Transportation Plan (Pages 49-54) F. Action: Adoption of Resolution: Selecting Tulare County Transportation Alternatives Program Projects for Funding into the State Transportation Improvement Program (Pages 55-60) G. Information: Status of State Transportation Improvement Program (STIP) Allocations and California Transportation Commission (CTC) Update (Pages 61-64) H. Information: Caltrans Monthly Report (No Page) Adjourn the Transportation Policy Advisory Committee and Convene as the Tulare County Association of Governments VI. REQUEST TO REAFFIRM ALL ACTIONS TAKEN WHILE SITTING AS THE TRANSPORTATION POLICY ADVISORY COMMITTEE All items on the Consent Agenda are considered to be routine and non-controversial by TCAG staff and will be approved by one motion if no member of the TCAG Board or public wishes to comment or ask questions. Items pulled from the Calendar will be considered separately. The TCAG/Transportation Authority Board may provide guidance and/or direction to staff on any item listed as information. VII. ASSOCIATION CONSENT CALENDAR ACTION AND INFORMATION ITEMS Request Approval of the Association Consent Calendar Action Items (VII.A through VII.E) A. Minutes of December 10, 2012 Board Meeting (Pages 65-70) B. Summary of December 6, 2012 Technical Advisory Committee Meeting (Pages 71-72) C. Approve the 2013 Tulare County Association of Governments (TCAG)/Tulare County Transportation Authority (TCTA) and Technical Advisory Committee (TAC) Meeting Calendar and reconfirm cancellation policy (Pages 73-74) D. Action: Local Clearinghouse Review (LCR) Alta Family Health Clinic, Inc. (Pages 75-86) E. Action: Adoption of Resolution: Sustainable Communities Strategy (SCS) RTP Roundtable Appointments (Pages 87-92) VIII. ASSOCIATION ACTION/DISCUSSION ITEMS A. Presentation: Report from Congressman Nunes Office (No Page) B. Information: Regional Transportation Plan (RTP) Update (Pages 93-94) C. Information: Sustainable Communities Strategy (SCS) Update (Pages 95-96) D. Action: Approve/Execute San Joaquin Joint Exercise of Powers Agreement (JEPA) and Appoint a Board Member and Alternate to the San Joaquin Joint Powers Authority (Pages ) IX. CORRESPONDENCE None X. OTHER BUSINESS A. Information: Items from Staff B. Information: Items from Board Members 1. Tulare County Water Commission Update 2. San Joaquin Valley Policy Council Update 3. Other Items C. Request from Board Members for Future Agenda Items Dinuba Exeter Farmersville Lindsay Porterville Tulare Visalia Woodlake County of Tulare

3 XI. ADJOURN The next scheduled TCAG/Authority meeting will be held on Tuesday, February 19, 2013 The TCAG Board meeting will meet at 1:00 p.m. at the Woodlake Veteran s Memorial Building, 355 Acacia, Woodlake, CA The Technical Advisory Committee will meet on Thursday, February 14, 2013 at 1:30 p.m. at the regularly scheduled location, TCAG Conference Room, 210 N. Church, Suite B, Visalia, CA Dinuba Exeter Farmersville Lindsay Porterville Tulare Visalia Woodlake County of Tulare

4 TULARE COUNTY ASSOCIATION OF GOVERNMENTS REGIONAL TRANSPORTATION PLANNING AGENCY METROPOLITAN PLANNING ORGANIZATION BOARD OF GOVERNORS AGENCY ALTERNATE Allen Ishida Tulare County-District 1 Walter Stammer, Jr. Pete Vander Poel Tulare County-District 2 William Cushing Phil Cox Tulare County-District 3 Bill Whitlatch J. Steven Worthley-Chair Tulare County-District 4 Ray Millard Mike Ennis Tulare County-District 5 Judith Gibbons Janet Hinesly City of Dinuba Mike Smith Jack Allwardt City of Exeter Dale Sally Vacant City of Farmersville Mike Santana Pamela Kimball City of Lindsay Steve Velasquez Virginia Gurrola City of Porterville Cameron Hamilton Craig Vejvoda City of Tulare Skip Barwick Bob Link City of Visalia Steve Nelsen Rudy Mendoza- Vice Chair City of Woodlake Raul Gonzales, Jr. Terry McKittrick Member-at-Large* Bob Stocker Tom Sparks Member-at-Large* Ernie Hernandez Dennis Townsend Member-at-Large* Luke Feldstein Sharri Bender-Ehlert Caltrans* Gail Miller * These TCAG Policy Advisory Committee members/tcag members are not members of the Transportation Authority ===================================================================================== TCAG STAFF Ted Smalley, Executive Director Elizabeth Wright, Senior Regional Planner Office Address Ben Giuliani, Executive Officer- LAFCO Tulare County Association of Governments Eddie Wendt, Associate Regional Planner 210 N. Church, Suite B Marvin Demmers, Regional Planner Visalia, CA Mark Hays, Associate Regional Planner P: (559) Cynthia Echavarria, Associate Regional Planner F: (559) Roberto Brady, Associate Regional Planner Jason Waters, Associate Regional Planner Christine Chavez, Associate Regional Planner Leslie Davis, Fiscal Manager Michele Boling, Accountant II Carrie Perez, Secretary I Dinuba Exeter Farmersville Lindsay Porterville Tulare Visalia Woodlake County of Tulare

5 AGENDA ITEM IV-A January 22, 2013 Prepared by Christine Chavez, TCAG Staff SUBJECT: Tulare County Association of Governments Action: Approve the Final 2012/13 Local Transportation Funds (LTF) and State Transit Assistance (STA) Fund Apportionments BACKGROUND: The Transportation Development Act (TDA), passed in 1971, provides two funding sources for public transportation, the Local Transportation Fund (LTF) and the State Transit Assistance Fund (STA). The LTF is derived from a ¼ cent of the general sales tax collected statewide. The STA fund derives its revenue from the statewide sales tax on gasoline and diesel fuels. STA is allocated by the state controller for agencies pursuant to PUC Section 99314, and the rest is allocated to TCAG which allocates PUC Section funds based Department of Finance s most recent population estimates for Tulare County agencies. LTF is distributed according to population estimates based on the Department of Finances January 1, 2011 population estimates. DISCUSSION: On June 18, 2012 TCAG approved the LTF fund estimate for Fiscal Year 2012/13 at $12,810,715. TCAG Staff will provide agencies with a mid-year review of the revenues to better estimate the LTF revenues through the rest of the fiscal year and update the estimates if needed. Transit agencies will be able to submit revised claims if necessary. The City of Exeter authorizes TCAG to transfer the following amounts in LTF/STA: The City of Exeter to the City of Visalia (LTF): $ 49, The City of Exeter to the City of Visalia (STA): $ 27, The City of Farmersville authorizes TCAG to transfer the following amounts in LTF/STA The City of Farmersville to the City of Visalia: $ 65, The City of Farmersville to the City of Visalia: $ 28, The amounts will be transferred from STA Funds and/or LTF from their estimated 2012/13 LTF apportionment and 2012/13 STA apportionment as compensation for transit services within Tulare County during the 2012/13 fiscal year. RECOMMENDATION: Approve the revised LTF and STA apportionment table based on official agreements and resolutions submitted to TCAG by member agencies. ALTERNATIVES: Do not approve the transfer of these funds. 1

6 FISCAL IMPACT: There is no fiscal impact to TCAG. Failure to approve the transfer of these TDA funds could have a negative impact on a local agency s ability to provide transit services. ATTACHMENTS: 1. Draft 2012/13 Local Transportation Fund Apportionments 2. Draft 2012/13 State Transit Assistance Fund Apportionments Work Element: State and Local Transit Fund Administration 2

7 Attachment No. 1 LTF ESTIMATE FOR 2012/13 = $12,810,715 Draft 2012/13 Local Transportation Fund Apportionments REVENUES (ADJUSTMENTS) FUNDS AVAILABLE TO CLAIMANT Population % of Total Fund Balance Estimates Unpaid Claims, Transfer TDA Subtotal Planning Special Public Transit Agency 01/01/2012 Population as of 06/30/12 12/13 Admin, Transfers³ Agreement 2 Administration Contribution 1 Contributions 1 Streets & Roads Total LTF Dinuba 22, % $19, $642, $0.00 $0.00 ($2,170.89) $660, $59, $0.00 $600, $600, Exeter 10, % $48, , $0.00 ($46,991.00) ($1,000.49) $296, $27, $4, $265, $265, Farmersville 10, % $16, , $0.00 ($65,080.00) ($1,039.08) $258, $28, $0.00 $229, $229, Lindsay 12, % $12, , $0.00 ($49,832.00) ($1,177.12) $309, $32, $0.00 $277, $277, Porterville 55, % $779, ,565, $0.00 $0.00 ($5,290.13) $2,340, $144, $13, $2,182, $2,182, Tulare 60, % $608, ,722, $0.00 $0.00 ($5,820.04) $2,325, $159, $ $2,164, $2,164, Visalia 126, % $128, ,604, $0.00 $253, ($12,178.62) $3,974, $333, $14, $3,625, $3,625, Woodlake 7, % $19, , $0.00 $12, ($708.17) $240, $19, $0.00 $220, $220, Non-Incorp. 144, % $940, ,112, $0.00 ($103,409.00) ($13,894.96) $4,935, $380, $1, $4,552, $4,552, TOTALS: 450, % $2,573, $12,810, $0.00 $0.00 ($43,279.50) $15,340, $1,186, $34, $14,120, $14,120, Claimant claims Planning Contribution and Special Contributions for transfer of funds directly to TCAG January 2013 Agency Agreement # /13 Transfer Agreement Summary Transfer From Transfer to LTF Amount STA Amount STA Amount Total Tulare County Porterville $0.00 $348, $0.00 $348, Tulare County Visalia $138, $65, $11, $216, Tulare County Woodlake $12, $0.00 $0.00 $12, Tulare County Exeter $2, $0.00 $0.00 $2, Lindsay Tulare County $49, $32, $0.00 $82, /18/2012 Exeter Visalia $49,625 $27,476 $417 $77,518 12/18/2012 Farmersville Visalia $65,080 $28,536 $93,616 3

8 Attachment No. 2 DRAFT 2012/13 STATE TRANSIT ASSISTANCE FUND APPORTIONMENTS STAF STAF Total STAF Population % of Total Balance Transfer Total Balance Transfer Total Available Agency 01/01/2012 Population** 07/01/2012 Agreement 99313* 07/01/2012 Agreement 99314* 2012/13* Dinuba 22, % $59,619 $59,619 $0 $59,619 Exeter 10, % $27,476 ($27,476) (d) $0 $417 ($417) (d) $0 $0 Farmersville 10, % $28,536 ($28,536) (e) $0 $0 $0 Lindsay 12, % $32,327 ($32,327) (c) $0 $0 $0 Porterville 55, % $145,283 $348,010 (a) $493,293 $11,740 $11,740 $505,033 Tulare 60, % $159,836 $159,836 $10,725 $10,725 $170,561 Visalia 126, % $334,462 $121,926 (b)(d)(e) $456,388 $69,455 $12,186 (b)(d) $81,641 $538,029 Woodlake 7, % $19,449 $19,449 $0 $19,449 Non-Incorp. 144, % $381,597 ($381,597) (a)(b)(c) $0 $11,769 ($11,769) (b) $0 $0 Total 450, % $1,188,585 $0.00 $1,188,585 $104,106 $0.00 $104,106 $1,292,691 * Total Available STAF includes 2011/12 1st and 2nd quarter STA revenues. ** Population displayed is rounded to two decimal places, but the distribution of funds by population is rounded to the 8th decimal place. 2012/13 TRANSFER AGREEMENTS: Agency Agreement # Transfer From Transfer to LTF STA STA Total (a) Tulare County Porterville $0 $348,010 $0 $348, (b) Tulare County Visalia $138,492 $65,914 $11,769 $216, Tulare County Woodlake $12,115 $0 $0 $12, Tulare County Exeter $2,634 $0 $0 $2, (c) Lindsay Tulare County $49,832 $32,327 $0 $82,159 12/18/2012 (d) Exeter Visalia $49,625 $27,476 $417 $77,518 12/18/2012 (e) Farmersville Visalia $65,080 $28,536 $93,616 Updated January,

9 Tulare County Association of Governments AGENDA ITEM IV-B January 22, 2013 Prepared by Christine Chavez, TCAG Staff SUBJECT: Action: Adoption of Resolution: Approve the Transportation Development Act (TDA) Claims for the City of Visalia and the County of Tulare for fiscal year 2012/13 BACKGROUND: The Transit Development Act (TDA) was passed in 1971 and provides transit funding for local agencies from two sources. The Local Transportation Fund (LTF) is derived through a ¼ cent of general sales tax collected statewide. The State Transit Assistance (STA) Fund which is derived from a statewide sales tax on gasoline and diesel fuels. TCAG approves the final apportionment including transfer agreements between agencies for transit services for each fiscal year. The cities and county claim TDA funds each year to claim the apportioned funds available to operate their transit systems. TCAG reviews the claims and instructs the County Auditor on the payment of funds to each respective agency. DISCUSSION: The City of Visalia has submitted a TDA claim for the 2012/13 fiscal year. The anticipated amount of LTF funds available to the City of Visalia in the 2012/13 fiscal year is $3,974, The City of Visalia has applied for $3,974, in LTF claims for the following amounts: $3,425, for transit operation/capital; $348, in planning contributions; and $200,000 for streets and roads purposes. The City of Visalia has applied for $538, in State Transit Assistance (STA) Funds. These claims do not exceed the amounts that the City of Visalia has been apportioned. TCAG staff review found the claims to be in order. The County of Tulare has submitted a TDA claim for the 2012/13 fiscal year. The anticipated amount of LTF funds available to the County of Tulare in the 2012/13 fiscal year is $4,935, The County of Tulare has applied for $4,935, in LTF claims in the following amounts: $382, in planning contributions; $1,711, in transit capital and operations; $2,841, for streets and roads purposes. These claims do not exceed the amounts that the County of Tulare has been apportioned. TCAG staff review found the claims to be in order. RECOMMENDATION(S): Approve the Transportation Development claims for the City of Visalia and the County of Tulare for Fiscal Year 2012/13. ALTERNATIVES: Do not approve. 5

10 FISCAL IMPACT: There is no fiscal impact to TCAG. Failure to approve the City of Visalia and the County of Tulare s TDA claims could have a negative impact on a local agency s ability to provide transit services. ATTACHMENTS: 1. Resolution approving the City of Visalia s 2012/13 TDA claim for Local Transportation Funds (LTF) claim for planning contribution and transit operation. 2. Resolution approving the City of Visalia s 2012/13 TDA claim for Local Transportation Funds (LTF) claim for streets and roads. 3. Resolution approving the City of Visalia s 2012/13 TDA claim for the State Transit Assistance (STA) claim for transit operation. 4. Resolution approving the County of Tulare s 2012/13 TDA Claim for Local Transportation Funds (LTF) claim for planning contribution and transit operation. 5. Resolution approving the County of Tulare s 2012/13 TDA claim for Local Transportation Funds (LTF) claim for streets and roads. Work Element: State and Local Transit Fund Administration 6

11 BEFORE THE TULARE COUNTY ASSOCIATION OF GOVERNMENTS COUNTY OF TULARE, STATE OF CALIFORNIA In the matter of: APPROVAL OF 2012/13 LOCAL ) TRANSPORTATION FUND CLAIM ) Resolution No. [ ] FOR THE CITY OF VISALIA FOR TRANSIT ) AND PLANNING PURPOSES ) WHEREAS, the State of California through legislative action has established the Transportation Development Act as enacted and amended by statute which designates payment of funds to counties or cities for planning, improvements and corrections of regional transportation systems; and WHEREAS, the Tulare County Association of Governments has been duly authorized by the State Business and Transportation Agency, effective date, July 20, 1971, as the Transportation Planning Agency for Tulare County; and WHEREAS, $3,974, is the estimated total amount of LTF revenues expected for the 2012/13 funds apportioned to the City of Visalia; and WHEREAS, the City of Visalia has applied 2012/13 Local Transportation Funds for which $3,425, is for the Visalia Transit System operation and capital expenses, and $348, for planning contributions; and WHEREAS, the Tulare County Association of Governments adopted the 2011 Tulare County Regional Transportation Plan, which includes the City of Visalia s transit operations; and WHEREAS, a public hearing was held by the Association regarding public transportation needs in Tulare County and the City of Visalia has fulfilled their unmet transit needs for 2012/13; and WHEREAS, the City of Visalia s transit system meets the requirements of Section with regard to fare box recovery ratios. 7

12 Resolution No. [ ] NOW, THEREFORE, BE IT RESOLVED, The claim of the City of Visalia for $3,425, for transit operations/capital and $348, for planning contribution is hereby approved, and said amount is hereby allocated. The foregoing Resolution was adopted upon motion of Member, seconded by Member, at a regular meeting held on the 22 nd day of January, 2013 by the following vote: AYES: NOES: ABSTAIN: ABSENT: TULARE COUNTY ASSOCIATION OFGOVERNMENTS J. Steven Worthley Chair, TCAG Ted Smalley Executive Director, TCAG 2 8

13 BEFORE THE TULARE COUNTY ASSOCIATION OF GOVERNMENTS COUNTY OF TULARE, STATE OF CALIFORNIA In the matter of: APPROVAL OF 2012/13 LOCAL ) TRANSPORTATION FUND CLAIM ) Resolution No. [ ] FOR THE CITY OF VISALIA FOR STREETS ) AND ROADS PURPOSES ) WHEREAS, the State of California through legislative action, has established the Transportation Development Act as enacted and amended by statute which designates payment of funds to counties or cities for planning, improvements and corrections of regional transportation systems; and WHEREAS, the Tulare County Association of Governments has been duly authorized by the State Business and Transportation Agency, effective date July 20, 1971, as the Transportation Planning Agency for Tulare County; and WHEREAS, $3,974, is the estimated amount available from the 2012/13 funds apportioned to the City of Visalia; and WHEREAS, the City of Visalia has applied for 2012/13 Local Transportation Funds: of which $200, is for streets and roads purposes; and WHEREAS, the Tulare County Association of Governments adopted the 2011 Regional Transportation Plan, which includes the City of Visalia's transit operations; and WHEREAS, a public hearing was held by the Association regarding public transportation needs in Tulare County and incorporated cities in the County and the City of Visalia has fulfilled their unmet transit needs for 2012/13; and WHEREAS, the City of Visalia's transit system meets the requirements of Section with regard to fare box recovery ratios; and 9

14 Resolution No. [ ] NOW, THEREFORE, BE IT RESOLVED the claim of the City of Visalia s Local Transportation Fund claim in the amount of $200, is approved and said amount is hereby allocated. The foregoing Resolution was adopted upon motion of Member, seconded by Member, at a regular meeting held on the 22 nd day of January, 2013, by the following vote: AYES: NOES: ABSTAIN: ABSENT: TULARE COUNTY ASSOCIATION OF GOVERNMENTS J. Steven Worthley Chair, TCAG Ted Smalley Executive Director, TCAG 2 10

15 BEFORE THE TULARE COUNTY ASSOCIATION OF GOVERNMENTS COUNTY OF TULARE, STATE OF CALIFORNIA In the matter of: APPROVAL OF 2012/13 STATE TRANSIT ) ASSISTANCE FUND CLAIM FOR THE ) Resolution No. [ ] CITY OF VISALIA ) WHEREAS, the State of California through legislative action, has established the Transportation Development Act as enacted and amended by statute and authorized the creation of a State Transit Assistance Fund in each Regional Transportation Planning Agency; and WHEREAS, such Transportation Planning Agencies are authorized to approve disbursement of State Transit Assistance Funds under this Act; and WHEREAS, the Tulare County Association of Governments has been duly authorized by the State Business and Transportation Agency, as the Transportation Planning Agency for Tulare County; and WHEREAS, the Transportation Planning Agency of Tulare County has adopted rules and regulations for administration of its duties under the Transportation Development Act; and WHEREAS, the City of Visalia has submitted a State Transit Assistance fund claim for fiscal year 2012/13 in the amount of $538,029 ($456,388 of P.U.C. Section and $81,641 of P.U.C. Section ) for operation of the City's transit system pursuant to Section 6730 of the Act; and WHEREAS, the proposed expenditures are in conformity with the 2011 Regional Transportation Plan; and WHEREAS, the level of passenger fares and charges is sufficient to enable the City of Visalia to meet the fare revenue requirements of Public Utilities Code Section

16 Resolution No. [ ] NOW, THEREFORE, BE IT RESOLVED, the State Transit Assistance fund claim of the City of Visalia in the amount of $538,029 is approved and said amount is hereby allocated. The foregoing Resolution was adopted upon motion of Member, seconded by Member, at a regular meeting held on the 22 nd day of January, 2013, by the following vote: AYES: NOES: ABSTAIN: ABSENT: TULARE COUNTY ASSOCIATION OF GOVERNMENTS J. Steven Worthley Chair, TCAG Ted Smalley Executive Director, TCAG 2 12

17 BEFORE THE TULARE COUNTY ASSOCIATION OF GOVERNMENTS COUNTY OF TULARE, STATE OF CALIFORNIA In the matter of: APPROVAL OF 2012/13 LOCAL ) TRANSPORTATION FUND CLAIM ) Resolution No. [ ] FOR THE COUNTY OF TULARE FOR ) TRANSIT AND PLANNING PURPOSES ) WHEREAS, the State of California through legislative action has established the Transportation Development Act as enacted and amended by statute which designates payment of funds to counties or cities for planning, improvements and corrections of regional transportation systems; and WHEREAS, the Tulare County Association of Governments has been duly authorized by the State Business and Transportation Agency, effective date, July 20, 1971, as the Transportation Planning Agency for Tulare County; and WHEREAS, $4,935, is the estimated total amount of LTF revenues expected for the 2012/13 funds apportioned to the County of Tulare; and WHEREAS, the County of Tulare has applied 2012/13 Local Transportation Funds for which $1,711, is for the County of Tulare Transit System operation, capital expenses and for payment to a common carrier (P.U.C (c)), and $382, for planning contributions; and WHEREAS, the Tulare County Association of Governments adopted the 2011 Tulare County Regional Transportation Plan, which includes the County of Tulare s transit operations. WHEREAS, a public hearing was held by the Association regarding public transportation needs in Tulare County and the County of Tulare has fulfilled their unmet transit needs for 2012/13; and WHEREAS, the County of Tulare s transit system meets the requirements of Section with regard to fare box recovery ratios. 13

18 Resolution No. [ ] NOW, THEREFORE, BE IT RESOLVED, The claim of the County of Tulare for $1,711, for transit operations/capital and $382, for planning contribution is hereby approved, and said amount is hereby allocated. The foregoing Resolution was adopted upon motion of Member, seconded by Member, at a regular meeting held on the 22 nd day of January, 2013 by the following vote: AYES: NOES: ABSTAIN: ABSENT: TULARE COUNTY ASSOCIATION OFGOVERNMENTS J. Steven Worthley Chair, TCAG Ted Smalley Executive Director, TCAG 2 14

19 BEFORE THE TULARE COUNTY ASSOCIATION OF GOVERNMENTS COUNTY OF TULARE, STATE OF CALIFORNIA In the matter of: APPROVAL OF 2012/13 LOCAL ) TRANSPORTATION FUND CLAIM ) Resolution No. [ ] FOR THE COUNTY OF TULARE FOR STREETS ) AND ROADS PURPOSES ) WHEREAS, the State of California through legislative action, has established the Transportation Development Act as enacted and amended by statute which designates payment of funds to counties or cities for planning, improvements and corrections of regional transportation systems; and WHEREAS, the Tulare County Association of Governments has been duly authorized by the State Business and Transportation Agency, effective date July 20, 1971, as the Transportation Planning Agency for Tulare County; and WHEREAS, $4,935, is the estimated amount available from the 2012/13 funds apportioned to the County of Tulare; and WHEREAS, the County of Tulare has applied for 2012/13 Local Transportation Funds: of which $2,841, is for streets and roads purposes; and WHEREAS, the Tulare County Association of Governments adopted the 2011 Regional Transportation Plan, which includes the County of Tulare s transit operations; and WHEREAS, a public hearing was held by the Association regarding public transportation needs in Tulare County and incorporated cities in the County and the County of Tulare has fulfilled their unmet transit needs for 2012/13; and WHEREAS, the County of Tulare s transit system meets the requirements of Section with regard to fare box recovery ratios; and 15

20 Resolution No. [ ] NOW, THEREFORE, BE IT RESOLVED the claim of the County of Tulare s Local Transportation Fund claim in the amount of $2,841, is approved and said amount is hereby allocated. The foregoing Resolution was adopted upon motion of Member, seconded by Member, at a regular meeting held on the 22 nd day of January, 2013, by the following vote: AYES: NOES: ABSTAIN: ABSENT: TULARE COUNTY ASSOCIATION OF GOVERNMENTS J. Steven Worthley Chair, TCAG Ted Smalley Executive Director, TCAG 2 16

21 Tulare County Association of Governments AGENDA ITEM IV-C January 22, 2013 Prepared by Eddie Wendt, TCAG Staff SUBJECT: Action: Adoption of Resolution: Reaffirm 2013 Federal Transportation Improvement Program (FTIP) Amendment No. 2 BACKGROUND: The Federal Transportation Improvement Program (FTIP) is a four year program of federally funded transportation projects and regionally significant projects that is updated every two years. The FTIP is submitted to Caltrans to be included in the Federal State Transportation Improvement Program (FSTIP) and formal approval by the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA). The FTIP is subject to federal air quality conformity rules established by the Environmental Protection Agency (EPA). The 2013 FTIP was adopted by the TCAG Board at the July 16, 2012, meeting. FHWA formally approved the 2013 FTIP on December 14, 2012, with Amendment 1 included. The following is a list of the amendments and summary of changes: Amendment No. 1 modified one (1) existing Congestion Mitigation and Air Quality (CMAQ) project and deleted one (1) Hazard Safety Improvement Program (HSIP) project was a duplicate of the CMAQ project transferring the HSIP funds to the CMAQ project. Amendment No. 1 added two (2) new Transportation Enhancement (TE) projects DISCUSSION: Amendment No. 2: Amendment No. 2 to the 2013 FTIP adds four new group listings for Highway Railroad Grade Crossing Section 130, Highway Safety Improvement Program (HSIP), High Risk Rural Roads (HR3) and Highway Maintenance Projects As per TCAG s adopted 2009 Public Participation Plan Amendment No. 1, the public review and comment period is open for 14 days commencing on Friday, December 21, 2012, and ending on Friday, January 4, Amendment No. 2 to the 2013 FTIP is posted on TCAG website for public review at All comments were due to TCAG by Friday, January 4, 2013, at 12:00 PM. 17

22 RECOMMENDATIONS: Approve Resolution to reaffirm TCAG Executive Directors approval of the 2013 Federal Transportation Improvement Program (FTIP) Amendment No. 2 FISCAL IMPACT: There is no fiscal impact to TCAG. See attachment 1 for specific fiscal impacts to member agencies. ATTACHMENTS: 1) Resolution reaffirming delegated action by the Director to the 2013 FTIP Amendment No. 2 approval with 2013 FTIP Project Listing pages 2) Project Summary 3) CTIPs Pages Work Element: Transportation Improvement Program 18

23 BEFORE THE TULARE COUNTY ASSOCIATION OF GOVERNMENTS COUNTY OF TULARE, STATE OF CALIFORNIA In the matter of: REAFFIRMING DELEGATED ACTION ) BY THE EXECUTIVE DIRECTOR OF ) THE TULARE COUNTY ASSOCIATION ) Resolution No. [ ] OF GOVERNMENTS AMENDMENT ) No. 2 TO THE 2013 FEDERAL ) TRANSPORTATION ) IMPROVEMENT PROGRAM ) WHEREAS, the Tulare County Association of Governments (TCAG) is a Regional Transportation Planning Agency and a Metropolitan Planning Organization (MPO), pursuant to State and Federal designation; and WHEREAS, federal planning regulations require MPO to prepare and adopt a long range Regional Transportation Plan (RTP) for their region; and WHEREAS, federal planning regulations require that MPO prepare and adopt a Federal Transportation Improvement Program (FTIP) for their region; and WHEREAS, Amendment No. 2 to the 2013 Federal Transportation Improvement Program (FTIP) has been prepared to comply with Federal and State requirements for local projects and through a cooperative process between the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), the State Department of Transportation (Caltrans), principal elected officials of general purpose local governments and their staff, and public owner operators of mass transportation services acting through the Tulare County Association of Governments forum and general public involvement; and WHEREAS, Amendment No. 2 to the FTIP program listing is consistent with: 1) the 2011 Regional Transportation Plan; and 2) the 2012 State Transportation Improvement Program; and 3) the Corresponding Conformity Analysis: and WHEREAS, Amendment No. 2 to the 2013 FTIP contains the MPO s certification of the transportation planning process assuring that all federal requirements have been fulfilled; and WHEREAS, Amendment No. 2 to the 2013 FTIP meets all applicable transportation planning requirements per 23 CFR Part 450; and WHEREAS, Amendment No. 2 to the 2013 FTIP adds four new group listings for Highway Railroad Grade Crossing Section 130, Highway Safety Improvement Program (HSIP), High Risk Rural Roads (HR3) and Highway Maintenance Projects with project backup listings (see Attachment No. 1 Summary of Changes for project listings); and 19

24 Resolution No. WHEREAS, projects submitted in Amendment No. 2 to the 2013 FTIP must be financially constrained and the financial plan affirms that funding is available; and WHEREAS, Amendment No. 2 to the 2013 FTIP is consistent with the adopted Conformity Analysis for Amendment No. 2 to the 2013 Federal Transportation Improvement Program and 2011 Regional Transportation Plan Amendment; and WHEREAS, Amendment No. 2 to the 2013 FTIP does not interfere with the timely implementation of the Transportation Control Measures; and WHEREAS, Amendment No. 2 to the 2013 FTIP conforms to the applicable State Implementation Plan (SIP); and WHEREAS, the documents have been widely circulated and reviewed by Tulare County Association of Governments advisory committees representing the technical and management staffs of the member agencies; representatives of other governmental agencies, including State and Federal; representatives of special interest groups; representatives of the private business sector; and residents of Tulare County consistent with public participation process adopted by Tulare County Association of Governments; and WHEREAS, an interagency consultation and public comment period (14 days) was held between Friday, December 21, 2012, and ending on Friday, January 4, 2013; and WHEREAS, originally on April 20, 2009, the Tulare County Association of Governments (TCAG) approved the 2009 Public Participation Plan, delegating authority to the TCAG Executive Director to approve TYPE II and III Amendments to the FTIP and on September 15, 2011, TCAG approved the 2009 Public Participation Plan Amendment No. 1 amending TYPE I amendments delegating authority to the TCAG Executive Director and TCAG Chair. 2 20

25 Resolution No. NOW, THEREFORE, BE IT RESOLVED, That Tulare County Association of Governments reaffirms the Executive Director of the Tulare County Association of Governments approval of Amendment No. 2 to the 2013 FTIP. The foregoing Resolution was adopted upon motion of Member, seconded by Member at a regular meeting held on the 22 nd day of January, 2013, by the following vote: AYES: NOES: ABSTAIN: ABSENT: TULARE COUNTY ASSOCIATION OF GOVERNMENTS J. Steven Worthley Chair, TCAG Ted Smalley Executive Director, TCAG I hereby certify that the foregoing is a true copy of a resolution of the Tulare County Association of Governments duly adopted at a regular meeting thereof held on the 22 nd day of January

26 TCAG Amendment Type: 3 Amendment No. 2 ATTACHMENT 1 Summary of Changes Existing or New Project MPO FTIP/RTP ID PROJECT TITLE FFY of Current Programming FFY to be Programmed Phase Fund Source % Cost Increase/De crease DESCRIPTION OF CHANGE New TUL Section 130 Grade Crossings Group Projects FFY12/13 Con Fed-Railway- Highway Crossings NA Add Con $869,000 to FFY12/13. New TUL Section 130 Grade Crossings Group Projects Summary Add new Section 130 Group project listing in the amount $869,000 (Federal) to FFY12/13. New TUL Highway Safety Improvement Program (HSIP) Grouped projects in Tulare County FFY12/13 Con Fed-HSIP NA Add Con $1,465,000 to FFY12/13. New TUL Highway Safety Improvement Program (HSIP) Grouped projects in Tulare County FFY13/14 Con Fed-HSIP NA Add Con $1,578,000 to FFY13/14. New TUL Highway Safety Improvement Program (HSIP) Grouped projects in Tulare County FFY14/15 Con Fed-HSIP NA Add Con $1,312,000 to FFY14/15. New TUL Highway Safety Improvement Program (HSIP) Grouped projects in Tulare County FFY12/13 Con Local County NA Add Con $3,281,000 to FFY12/13. New TUL Highway Safety Improvement Program (HSIP) Grouped projects in Tulare County FFY13/14 Con Local County NA Add Con $50,000 to FFY13/14. New TUL Highway Safety Improvement Program (HSIP) Grouped projects in Tulare County FFY12/13 Con Local City NA Add Con $54,000 to FFY12/13. 22

27 ATTACHMENT 1 Summary of Changes Existing or New Project MPO FTIP/RTP ID PROJECT TITLE FFY of Current Programming FFY to be Programmed Phase Fund Source % Cost Increase/De crease DESCRIPTION OF CHANGE New TUL Highway Safety Improvement Program (HSIP) Grouped projects in Tulare County FFY13/14 Con Local City NA Add Con $1,074,000 to FFY13/14. New TUL Highway Safety Improvement Program (HSIP) Grouped projects in Tulare County FFY14/15 Con Local City NA Add Con $204,000 to FFY14/15. New TUL Highway Safety Improvement Program (HSIP) Grouped projects in Tulare County PY Con Fed-HSIP NA Add Prior Year funding Con $77,000 New TUL Highway Safety Improvement Program (HSIP) Grouped projects in Tulare County Summary Add new HSIP Group project listing in the amount of $9,095,000 (Fed $4,432,000, Local County $3,331,000 and Local City $1,332,000) New TUL High Risk Rural Roads (HR3) Grouped projects in Tulare County FFY12/13 Con Fed-HR3 NA Add Con $304,000 to FFY12/13. New TUL High Risk Rural Roads (HR3) Grouped projects in Tulare County FFY14/15 Con Fed-HR3 NA Add Con $1,603,000 to FFY14/15. New TUL High Risk Rural Roads (HR3) Grouped projects in Tulare County FFY12/13 Con Local-County NA Add Con $34,000 to FFY12/13. New TUL High Risk Rural Roads (HR3) Grouped projects in Tulare County FFY14/15 Con Local-County NA Add Con $181,000 to FFY14/15. New TUL High Risk Rural Roads (HR3) Grouped projects in Tulare County Summary Add new HR3 Group project listing in the amount of $2,122,000 (Fed $1,907,000, Local County $215,000) 23

28 ATTACHMENT 1 Summary of Changes Existing or New Project MPO FTIP/RTP ID PROJECT TITLE FFY of Current Programming FFY to be Programmed Phase Fund Source % Cost Increase/De crease DESCRIPTION OF CHANGE New TUL Highway Maintainance Grouped Projects in Tulare County FFY12/13 PE Fed-National Highway System NA Add CON $170,000 to FFY12/13 New TUL Highway Maintainance Grouped Projects in Tulare County FFY12/13 Con Fed-National Highway System NA Add CON $3,650,000 to FFY12/13. New TUL Highway Maintainance Grouped Projects in Tulare County FFY12/13 PE Fed-Surface Transportation Program NA Add PE $150,000 to FFY12/13 New TUL Highway Maintainance Grouped Projects in Tulare County FFY12/13 Con Fed-Surface Transportation Program NA Add CON $2,765,000 to FFY12/13. Existing TUL Highway Maintainance Grouped Projects in Tulare County Summary Add new Highway Maintainance group project listing in the amount of $6,735,000 (Fed $6,735,000) 24

29 Tulare County Association of Governments 2013 Federal Transportation Improvement Program San Joaquin Format (Highest Version) Highway Maintenance Route Postmile PIN Dist-EA Fund AQ Lead Description Total Escalated Cost Status Phase Prior Years Program Schedule (Construction costs escalated per Caltrans percentage) Four Year Element 12/13 13/14 14/15 15/16 16/17 17/18 Change Description Project Comments Funding Summary (Current & Prior Years) Local State Federal TUL NH/STP 1.10 Caltrans Highway Maintainance Gruoped Projects in Tulare County (2011 RTP Table 4-2) $ 6,735,000 RW Const FTIP Amend Total PE 320,000 6,415,000 6,735,000 New Project ******** Version 1-12/19/2012 ********Requested by Caltrans Stephen Tracy, dated 9/18/2012. See group listing back up list for list of projects in Tulare County.-EW Back up listed Prior Current 6,735,000 Page 1 of 3 25

30 Tulare County Association of Governments 2013 Federal Transportation Improvement Program San Joaquin Format (Highest Version) Highway Railroad Grade Crossing Route Postmile PIN Dist-EA Fund AQ Lead Description Total Escalated Cost Status Phase Prior Years Program Schedule (Construction costs escalated per Caltrans percentage) Four Year Element 12/13 13/14 14/15 15/16 16/17 17/18 Change Description Project Comments Funding Summary (Current & Prior Years) Local State Federal TUL STP-RL 1.08 Caltrans Section 130 Grade Crossings Group Projects (2011 RTP) $ 869,000 RW Const FTIP Amend Total PE 869, ,000 New Project ******** Version 1-12/19/2012 ********Requested by Dennis Jacobs, Caltrans by 9/25/2012. See group project listing for list of projects. EW Prior Current 869,000 Page 2 of 3 26

31 Tulare County Association of Governments 2013 Federal Transportation Improvement Program San Joaquin Format (Highest Version) Safety Route Postmile PIN Dist-EA Fund AQ Lead Description Total Escalated Cost Status Phase Prior Years Program Schedule (Construction costs escalated per Caltrans percentage) Four Year Element 12/13 13/14 14/15 15/16 16/17 17/18 Change Description Project Comments Funding Summary (Current & Prior Years) Local State Federal TUL HSIP/CO/CITY 1.06 Highway Safety Improvement Program (HSIP) Grouped projects in Tulare County (RTP 2011 Table 4-2) $ 9,095,000 Const Various Agencies FTIP Amend Total PE RW 77,000 77,000 4,800,000 4,800,000 2,702,000 1,516,000 2,702,000 1,516,000 New Project ******** Version 1-12/19/2012 ********Projects included are in Farmersville, Porterville, Tulare, Tulare County, Visalia see group listing back up list for project details dated 10/24/2012 as Prior Current 77,000 4,663,000 4,355,000 TUL HRRRP/CO 1.06 High Risk Rural Roads (HR3) Grouped projects in Tulare County (RTP 2011 Table 4-2) $ 2,122,000 Const Various Agencies FTIP Amend Total PE RW 338, ,000 1,784,000 1,784,000 New Project ******** Version 1-12/19/2012 ******** Projects included are intulare County, see group listing back up list for project details dated 10/24/2012 as submitted by Caltrans Richard Ke Prior Current 215,000 1,907,000 Page 3 of 3 27

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33 AGENDA ITEM IV-D January 22, 2013 Prepared by Leslie Davis, TCAG Staff SUBJECT: Tulare County Association of Governments Action: Adoption of Resolution: Approve Fiscal Year 2012/13 Overall Work Program (OWP) Revised Amendment No. 3. BACKGROUND: On May 21, 2012, the Tulare County Association of Governments (TCAG) FY 2012/13 Overall Work Program (OWP) was adopted through Resolution No Amendments throughout the year are necessary to allow TCAG to deliver services as requested by its member agencies. On October 15, 2012 the TCAG board approved Overall Work Program (OWP) Amendment No. 3 on Resolution No DISCUSSION: The agenda item and resolution presented on October 15, 2012 as Amendment No. 3 contained typographical errors and the following corrections are necessary to bring the OWP into balance with the specific requests made on Amendment No. 3 as follows: Work Element No (Overall Work Program and Budget) was incorrectly stated as Work Element No (TDA Fund Administration) and was increased by $5,000 to a total of $171,175 Work Element No (Special Studies) was presented on Amendment No. 2 and approved on Resolution No and is removed from Resolution No Work Element No (Public Information) was increased by $5,000 to a total of $107,600 NOT $107,000 as stated in Resolution No RECOMMENDATIONS: Staff recommends the approval of Revised Amendment No.3 to bring the OWP into balance with the specific requests made on Amendment No 3. FISCAL IMPACT: The result of approving Amendment No. 3 revision is an increase of $600 to the TCAG budget. The increase will be covered with Federal Planning Funds and matched with TCAG Reserve funds. ATTACHMENTS: 1. Resolution approving FY 2012/13 OWP Revised Amendment No Work Element pages as they are affected by this revised amendment. 29

34 BEFORE THE TULARE COUNTY ASSOCIATION OF GOVERNMENTS COUNTY OF TULARE, STATE OF CALIFORNIA In the matter of: APPROVAL OF 2012/13 REVISION ) TO RESOLUTION NO OVERALL ) Resolution No. [ ] WORK PROGRAM AMENDMENT NO.3 ) WHEREAS, the Regional Transportation Planning Agency Board of Governors adopted the FY 2012/13 Overall work Program (OWP) on May 21, 2012, with the approval of Resolution ; and WHEREAS, due to typographical errors Amendment No.3 to the OWP FY 2012/13 was not stated correctly; and WHEREAS, Amendment No.3 to the FY 2012/13 OWP submitted on Agenda Item dated October 15, 2012 and as Resolution No is subject to the following corrections: Work Element No stated on Resolution No is Work Element No and is increased by $5,000 to a total of $171,175 Work Element No pertains to Amendment No. 2, and was approved on Resolution No and is therefore removed from Resolution No Work Element No is increased by $5,000 to a total of $107,600 NOT $107,000 as stated on Resolution No

35 Resolution No. [ ] NOW, THEREFORE, BE IT RESOLVED, that the TCAG Overall Work Program is amended to shown on Attachment A and referenced herein as Revised Amendment No. 3; NOW, THEREFORE, BE IT FURTHER RESOLVED that the TCAG is authorized to increase the contract with Auditor for $5,000 and authorized to contract with the Tulare County film Commission for up to $5,000 for promotional services; The foregoing Resolution was adopted upon motion of Member, seconded by Member, at a regular meeting held on the 22 nd day of January, 2013, by the following vote: AYES: NOES: ABSTAIN: ABSENT: TULARE COUNTY ASSOCIATION OF GOVERNMENTS J. Steven Worthley Chair, TCAG Ted Smalley Executive Director, TCAG 2 31

36 Attachment A 2012/13 Overall Work Program (revised) SUMMARY REVENUES DOLLARS EXPENDITURES DOLLARS STAFF PERSON MONTHS Member Dues 170,500 TCAG Staff 1,556, Local Contribution 1,279,649 City of Dinuba 1, TDA 43,280 FHWA PL (carryover) 438,666 FHWA PL 899,365 FTA Section 5303 (carryover) 0 FTA Section ,681 FTA Section ,286 City of Visalia 216, FTA Section City of Woodlake 1, DMV 5,000 City of Dinuba 0 Insurance 6,000 City of Exeter 4,129 Memberships 17, City of Farmersville 0 Office Expense 22, City of Lindsay 0 Consultant 1,012, City of Porterville 13,030 Publications and Legal Notice 3,100 City of Tulare 11,699 Training 33,425 City of Visalia 26,406 Transportation and Travel 70,670 City of Woodlake 0 Print Services 90,300 County of Tulare 1,927 County Counsel 14,000 Measure R 694,000 County Auditor 2,500 LAFCO 185,000 Motorpool 6,000 TCAG Reserves 130,000 Other Grants 49,323 Other 313, Total Revenues 4,277,942 Total Expenditures 4,277, Toll Credits(5303) (Not Revenues) 0 Toll Credits(PL) (Not Revenues) 103,157 City of Exeter 37,000 City of Farmersville 26,000 City of Lindsay 1,000 City of Porterville 221,000 City of Tulare 317,000 County of Tulare 311,

37 Tulare County Association of Governments AGENDA ITEM V-C January 22, 2013 Prepared by Eddie Wendt, TCAG Staff SUBJECT: Information: San Joaquin Valley Railroad Short Line Update BACKGROUND: Please see Attachment 1 DISCUSSION: Genessee & Wyoming Inc. acquisition of RailAmerica, Inc. On September 17, 2012, the TCAG Board approved the filing of a Notice of Intent to participate in the Genessee & Wyoming Inc. acquisition of RailAmerica, Inc., before the Surface Transportation Board Docket No. FD As of December 28, 2012, (letter received from Steptoe, Attorney for Genessee & Wyoming Inc.) Genessee & Wyoming Inc. assumed control of RailAmerica, Inc., and its subsidiaries (see Attachment 2). TCAG Rail Advisory Committee The TCAG Rail Advisory Committee met on November 8, 2012, with the next meeting scheduled for February 7, The TCAG Rail Advisory Committee (formed by TCAG Resolution No ) is accepting nominations for three vacancies from the City of Dinuba, City of Tulare and the City of Porterville. Committee shall be chaired by a TCAG Board member or alternate and will be composed of representatives from the Board and private rail interests. (TCAG Resolution No ). Please (ewendt@tularecog.org) or mail (TCAG, 210 N. Church St Suite B, Visalia, CA 93277) nominees for the TCAG Rail Advisory Committee. Nominations will be brought back to the Board for approval. Dean Uota, City of Dinuba was nominated by the Dinuba City Council, to fill the TCAG Rail Advisory Committee Vacancy representing Dinuba (Action: Agenda Item V-E). A subcommittee (TCAG Rail Advisory Committee Chairman, TCAG Staff, RMA Staff, County Counsel and Supervisor Ishida) met on December 7, 2012, to look into Supervisor Ishida request to study railroad zoning as a tool to protect the existing rail road right of way. Tulare County RMA Staff is currently studying the proposal and is scheduled to report back to the subcommittee on January 11, Public Private Partnership (PPP) The Tulare County Public Private Partnership (PPP) with SJVR to upgrade and improve the track from Exeter to Dinuba is moving forward with CMAQ funding being approved by the TCAG Board at September 17, 2012 meeting (Item V-C). Tulare County and San Joaquin Valley Railroad are working through the agreement process. 33

38 Right of Way Preservation TCAG will continue to examine opportunities for ways to preserve rail in Tulare County and coordinate with the local Economic Development Corporations in Tulare County to protect the rail resources for local business interests. There are two ongoing efforts. The first effort involves the potential to preserve the Right of Way that was abandoned or is planned for abandonment. The second effort is to improve the existing track that provides service to Visalia, Exeter, Lindsay, and Dinuba. The City of Lindsay was last served by train in May Two years without service may trigger an abandonment request by RailAmerica. An update of efforts will be provided at the January, Board meeting. SB-325 Update The continued effort of the Joint Powers Agreement (JPA) with the implementation of SB 325 to create the Central California Railroad Authority (CCRA) has been provided to the Valley Council of Governments (COGs) for review, comment and edit. TCAG staff is working with other COGs to identify short term and long term goals for the CCRA. Additional language will be developed for the draft JPA that provide requirements such as business plan preparation and high voting percentage to move forward with long term type activities. TCAG Staff will provide a status report at the January TCAG Board meeting. ATTACHMENT: 1) Background of SJVR abandonment 2) Letter from Steptoe, Attorney for Genessee & Wyoming Inc Work Element: Other Modes Aviation, Rail and Pedestrian 34

39 ATTACHMENT 1 BACKGROUND: On June 19, 2007, the Surface Transportation Board (STB) filed a decision to reject an application by Tulare Valley Railroad (TVR) to acquire a mile segment of rail line from the San Joaquin Valley Railroad (SJVR) between Exeter and the Kern County line (Jovista) pending additional information to be submitted by TVR. At the October 15, 2007, TCAG Board meeting, the Board adopted a resolution opposing the acquisition of the feeder line by TVR unless information was provided by TVR concerning their plan of operations and proof of financial responsibility. On February 19th and 28th, 2008, the SJVR submitted two Petitions for Exemption for the abandonment of the same segment of rail line to the STB. The February 19 th Petition includes the rail line from Strathmore to Jovista (Kern County line) and the February 28 th Petition includes the rail line from Exeter to Strathmore. At the March 21, 2008 TCAG Board meeting, the Board adopted a resolution opposing the abandonment of the entire mile segment of rail from south of Exeter to Jovista. With the assistance of an experienced rail consultant, Shepstone Management Company, the Tulare County Economic Development Corporation (EDC) took the lead in organizing the opposition of the proposed abandonments and filed a protest for each of the rail segments proposed to be abandoned to the STB. The protest for the mile segment (Strathmore to Jovista) was submitted on March 28, 2008 and the 9.2 mile segment (south of Exeter to Strathmore) was submitted on April 3, Both protests highlighted the insufficient and incomplete information in SJVR s abandonment filings, the viability of rail service if SJVR charged reasonable rates, the importance of decreasing air pollution by moving more goods on rail versus by truck and the importance of available rail service for the future economic growth of the SR-65 corridor. On April 10, 2008, the SJVR filed a rebuttal to the EDC-TCAG protest for the mile rail segment (Strathmore to Jovista). The rebuttal claimed that the protest contained no facts to refute SJVR s contention in its petition to abandon the rail line that is a burden on SJVR and interstate commerce. With the assistance of its consultant, the EDC submitted a response to the SJVR rebuttal to the STB on April 29, The response challenged SJVR s standing in filing the rebuttal and responded to several of the misleading characterizations and missing information in both the original SJVR abandonment filing and the rebuttal. SJVR never submitted a rebuttal to the STB regarding the EDC-TCAG protest of the northern section (south of Exeter to Strathmore) of the proposed abandonment. On June 6, 2008, the STB issued decisions for both cases. For the northern section of line, the STB denied SJVR s petition and found the following: In sum, a shipper and other parties have sufficiently challenged the presentation made by SJVR and there remain enough unresolved questions to make reliance on the exemption process inappropriate on this record. We concluded, SJVR has failed to establish that continued regulation is not necessary to carry out the rail transportation policy, and we therefore are denying SJVR s petition for exemption. For the southern section of line, the STB approved SJVR s petition and found the following: 35

40 Based on our analysis as explained in this decision, the record shows that continued operation of the line will impose a substantial economic burden on SJVR and on interstate commerce. Accordingly, we conclude that continued operation of the lines is not warranted. During the 10 day period following the STB s approval of SJVR s petition, the Tulare County Board of Supervisors (BOS) and Tulare Valley Railroad (TVR) submitted Offers of Financial Assistance (OFAs) to the STB (both OFAs attached). After initially beginning negotiations with the County, on June 17, 2008, SJVR notified the STB that it would begin negotiations with TVR on July 1, TVR notified the STB on July 16, 2008 that they could not come to an agreement with SJVR and would not be asking that the STB establish terms and conditions for the rail line s conveyance. Tulare County hired a rail expert to inspect and determine the value of the rail line and submitted a request on July 18, 2008 to the Surface Transportation Board (STB) for the "establishment of conditions and amount of compensation" for the rail line using the County's valuation ($1.2 million) rather than SJVR's valuation ($3.8 million). SJVR submitted a response to the STB on August 4, 2008 disputing the County's valuation and requesting the STB use SJVR's proposed conditions and valuation. On August 25, 2008, the STB issued a decision that sets the valuation of the track at $3.3 million. On September 5, 2008, Tulare County notified the STB that it will not be purchasing the rail line at the STB valuation price and would be pursuing conversion of the right-of-way for rail banking and interim recreational use. On September 15, 2008, SJVR notified the STB that it had discontinued service to the rail line from Strathmore to Jovista. While the abandonment has been approved by the STB, SJVR can not start pulling the track until it complies with the environmental conditions set by the STB and submits a notice of consummation to the STB. The deadline for SJVR to submit the notice of consummation is the following (excerpt from the STB decision approving the abandonment): Pursuant to the provisions of 49 CFR (e)(2), SJVR shall file a notice of consummation with the Board to signify that it has excised the authority granted and fully abandoned the line. If consummation has not been effected by SJVR s filing of a notice of consummation by June 6, 2009, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. If a legal or regulatory barrier to consummation exists at the end of the 1 year period, the notice of consummation must be filed no later than 60 days after satisfaction, expiration, or removal of the legal or regulatory barrier. The Rail Advisory Committee had positive meetings with representatives of Patriot Rail on November 19, 2008 and December 8, In addition, the Rail Advisory Committee Chair met with officials in Washington D.C. on November 19, Representatives from TCAG met with STB staff and legislative representatives on January 14, 2009 and 15, Representatives of the eight San Joaquin Valley Councils of Governments (COGs) met with representatives of Patriot Rail during the Valley One-Voice trip on February 26 th. In February 2010, the Craig MBA program at Fresno State was contracted to develop a business plan for the short-haul rail corridor through Tulare County. The MBA team presented the Business Plan to some members of the TCAG Rail Committee and support staff on May 15, The report included the following: 1) An operating business plan Needs of shippers 36

41 Level of interest/commitment of prospective rail users Financial projections for short line railroad operation Suggested public/private operating structure 2) Analysis of the community benefit of the project Long term vs short term Economic Environmental Traffic 3) Aspects related to financing Capital expenditure plan as it relates to upgrading existing rail infrastructure Purchase of land for additional right-of-way Funding sources available (federal grants, federal loans, other) As part of a community outreach effort to disseminate the importance of preserving short-haul rail, Rail Committee members began to make presentations to groups in the south San Joaquin Valley. Presentations were given to the Fresno COG Rail Committee on April 10, 2010, Sanger and Reedley City Staff on April 30, 2010, the California Counties Planning Commissioners Association on May 16, 2010 and the Dinuba and Farmersville City Councils in June. Presentations were given to the Porterville, Tulare, Lindsay, Woodlake and Exeter City Councils and Tulare Planning Commission in July. Visalia city staff made a rail presentation to the Visalia City Council in August. The Tulare Valley Railroad (TVR) filed an Abandonment Exemption (Case AB-397-6X) to the STB on July 1, 2010 for the 5.9 mile spur line from Ducor (connecting to the SJVR between Jovista and Strathmore) and dead-ending at Ultra. Tulare Valley Railroad filed a petition for reconsideration (9/8/09) regarding the STB s conditional approval of the abandonment of TVR s rail line from Ultra to Ducor. The specific condition related to a process to determine whether there are any historical sites, buildings, structures or objects within the right-of-way of the conditionally approved abandonment. Tulare Valley Railroad was requested the removal of that condition because of difficulties communicating with the California State Historic Preservation Office (SHPO). The San Joaquin Valley Railroad (SJVR) filed a Notice of Consummation with the Surface Transportation Board (STB) on November 24, This completes the abandonment process and the track infrastructure can now legally be removed. However, the TCAG negotiating team is continuing efforts to pursue a public-private partnership to keep the track from being pulled. TCAG retained the services of Railroad Industries Incorporated to prepare a business plan that will examine the entire portion of rail in Tulare County. The plan evaluated the condition of the rail and will determine the feasibility and potential costs associated with acquisition of the rail line and the right-of-way. This plan was completed in November In February 2011, TCAG authorized due diligence funding for the County. At the July 25, 2011 TCAG board meeting, staff was authorized to submit grant requests to the air district and to federal government through the TIGER # program. On December 8, 2011, TCAG presented to the Visalia EDC, the current issue with the Short Line Rail in Tulare County and how it might affect Visalia s industrial park and businesses. TCAG agreed to prepare a white paper to discuss the situation in greater detail. 37

42 On February 5, 2012, TCAG staff agreed to take the lead on the implementation of Senate Bill No. 325, Rubio. The Central California Railroad Authority which will create the Central California Railroad Authority representing Kern, Kings, Tulare, Fresno, and Merced counties. The bill authorizes the authority to acquire and operate railroads or select a franchisee to operate a rail transportation system, to prepare a plan for acquisition and operation of specified railroad lines, and establish criteria for award of a franchise for the acquisition, financing, and operation of the railroad system. SB 325, authorizes the authority to issue revenue bonds pursuant to the Revenue Bond Law of TCAG held the Railroad Advisory Committee meeting on March 1, 2012, discussing the issue with the Short Haul Rail in Tulare County and the rail preservation effort. The Advisory Committee discussed strategies on public outreach and meeting with professional business clubs in Tulare County and the development of the Central California Railroad Authority. TCAG will be the lead agency in the implementation of SB 325. The Advisory Committee will be scheduling a tour of the Rail X facilities (a successful short haul transfer station that has access to Union Pacific railroad) in Kern County. TCAG and members of the Railroad Advisory Committee met with the San Joaquin Valley Railroad and Rail America on March 20, 2012, to discuss the current status of the Short haul rail lines from Dinuba to Exeter. San Joaquin Valley Rail and Rail America renewed their commitment to the providing rail services to Tulare County. A letter was given to TCAG stating their willingness to cooperate and partner with the rehabilitation of the short haul rail lines which are currently in need of repair and rated at (5 mph). This meeting was a positive step to reestablishing a relationship with San Joaquin Railroad and Rail America that may lead to a successful Public Private Partnership in preserving the rail corridor for goods movement and shippers along the short haul rail line. Rail America presented TCAG with a letter with their desire to cooperate and partner in the restoration of the Short Haul Rail Line between Dinuba and Exeter. As a result of this meeting TCAG has prepared an agenda item for a Public Private Partnership (PPP) and revise the Congestion Mitigation and Air Quality Policy to accommodate PPP with member agencies. TCAG met with Rail America, San Joaquin Valley Railroad, the Tulare County Economic Development Team and the representatives from the Tulare County Railroad Advisory Committee on May 16, Discussion included the PPP Exeter to Dinuba agreement and the potential for additional rail economic opportunities near Goshen and Lindsay. Rail America also wanted to note that they were going to pull one mile of 75 lb rail north of Strathmore for repair stockpile purposes, they are not abandoning the rail line, if a business needs service along the line Rail America would be required to replace it with new rail and ties (115 lbs). Rail America is seeking alternatives to work with Tulare County on preserving this rail corridor that removes their financial commitment to maintain the corridor. The Tulare County Railroad Advisory Committee met on June 15, 2012, at 10:00 AM at Richard Best Transfer (RBT) near Reedly and Dinuba for a tour of the rail receiving facilities. The advisory members met with the shipper RBT and viewed the daily operations of dairy feed supply lines and volume of rail cars serviced on one given day at the facility. The facility use to be a lumber mill closed in 1995 and use to employee 800 people, now the facilities has been repurposed as a product transfer facility for RBT and two other company s employing over 200 employees. RBT is exploring opportunities to expand and to remove an additional 4000 trucks of the valley roads by using trains-unit trains (100 car long trains). 38

43 On August 23, 2012, the Rail Advisory Committee toured the RailEx facilities in Delano. Gary Pena, the RailEx General Manager, conducted the tour of the 225,000 sq. ft. of refrigerate space, 19 enclosed refrigerated rail docks, 43 refrigerated truck doors and 5 miles of private rail tracks and switch to the Union Pacific Class one rail line. RailEx, a four year old company, currently ships produce grown in California (Napa to Riverside) to the East Coast in New York City. This facility is capable of loading two 64 car trains (the equivalent to 448 truck loads of produce) each week. RailEx is interested in obtaining access to the Burlington Northern and Santa Fe lines currently they operate exclusively on Union Pacific lines. On August 29, 2012 the Rail Advisory Committee participated with five members attended the Central California Rail Shippers & Receivers Association (CCRSRA) meeting, held at the Tulare County Ag Heritage Complex. The agenda included an update by Britt Fussel, Tulare County Resource Management Agency, on the progress of the PPP with SJVR project to upgrade the speeds on the track from Exeter to Dinuba. Peter Pfohl, attorney from Slover and Loftus LLP- Expert on Rail Regulatory Counsel, presented a presentation of Railroad Regulations, laws and a discussion on railroad practices and line surcharges. Mr. Pfohl also discussed some of the potential issues and concerns with the pending acquisition of Rail America by Genesee Wyoming. The CCRSRA have proposed to file a formal complaint to the United States Surface Transportation Board (STB) and retain Peter Pfohl, as the attorney for the CCRSRA to file the complaint. On September 17, 2012, TCAG Board approved a filing a Notice of Intent to participate in the Genessee& Wyoming Inc. acquisition of RailAmerica, Inc., before the Surface Transportation Board Docket No. FD Tulare County Counsel Legal on behalf of TCAG, prepared the notice of intent, and was filed by e-file on Wednesday, September 19, As a result of the filing, TCAG became a party of record. This puts TCAG on the Service List for future filings by the railroad companies and decisions by the STB regarding this merger. The merger is scheduled to conclude on December 10,

44 Attachment 2 40

45 Tulare County Association of Governments AGENDA ITEM V-D January 22, 2013 Prepared by Eddie Wendt, TCAG Staff SUBJECT: Action: Adoption of Resolution: Approve TCAG Rail Advisory Committee Amendment No. 1 and Approval of TCAG Rail Advisory Committee Appointment BACKGROUND: TCAG Board formed the TCAG Rail Advisory Committee by Resolution No The Committee is made up of eleven (11) members. The Committee is chaired by a TCAG Board member or alternate and is composed of representatives from the Board and private rail interests. The Committee was formed 5 years ago and has experienced some turnover, with no mechanism in place to replace membership. The Committee meets quarterly with last meeting held on November 8, 2012, and the next meeting scheduled for February 7, The past three meetings have left the committee short of a quorum. The Committee is in need of additional nominated members to replace vacancies that have been created by attrition and turnover. DISCUSSION: There are two resolutions to consider separately. The first resolution TCAG Rail Advisory Committee Amendment No.1 amends the original Resolution No by identifying the membership and making provision for nominating new members to the TCAG Rail Advisory Committee. The second resolution approves the City of Dinuba s nomination of Dean Uota to fill the vacancy for Dinuba (see Attachment 1 TCAG Rail Advisory Committee). With the approval of Dean Uota, there are three vacancies remaining from the City of Tulare and Porterville and one from the Central California Rail Shippers & Receivers Association (CCRSRA-Chuck Littlefield CCRSRA, position). Please (ewendt@tularecog.org) or mail (TCAG, 210 N. Church St Suite B, Visalia, CA 93277) nominees for the TCAG Rail Advisory Committee. Nominations will be brought back to the Board for approval. Dean Uota, City of Dinuba was nominated by the Dinuba City Council, to fill the TCAG Rail Advisory Committee Vacancy representing Dinuba (Action: Agenda Item V-E). 41

46 RECOMMENDATIONS: Two Actions items to take separately: First Approve Resolution: approving the TCAG Rail Advisory Committee Amendment No. 1; and Second Approve Resolution: Approval of the TCAG Rail Advisory Committee Nomination Appointment. FISCAL IMPACT: There is no fiscal impact to TCAG. ATTACHMENTS: 1) Resolution: approving the TCAG Rail Advisory Committee Amendment No. 1 2) Resolution: approving the TCAG Rail Advisory Committee Appointment 3) TCAG Rail Advisory Committee Work Element: Other Modes Aviation, Rail and Pedestrian 42

47 BEFORE THE TULARE COUNTY ASSOCIATION OF GOVERNMENTS COUNTY OF TULARE, STATE OF CALIFORNIA In the matter of: APPROVAL OF THE TCAG ) RAIL ADVISORY COMMITTEE ) AMENDMENT NO. 1 ) Resolution No. WHEREAS, the Tulare County Association of Governments (TCAG) is a Regional Transportation Planning Agency (RTPA) and a Metropolitan Planning Organization (MPO), pursuant to State and Federal designation; and WHEREAS, the TCAG Board is assisted by several committees such as the Policy Advisory Committee, Technical Advisory Committee, Social Service Transportation Advisory Council, Environmental Advisory Committee, Measure R Citizens Oversight Committee, Bicycle Advisory Committee and Regional Blueprint Technical Advisory Committee; and WHEREAS, the Committee will provide a forum to identify, discuss and make recommendations regarding commercial rail in Tulare County, including rail abandonment, rail goods movement, rail consolidation and other pertinent issues related to commercial rail in the County; and WHEREAS, the Committee shall be chaired by a TCAG Board member or alternate and will be composed of representatives from the Board and private rail interests. WHEREAS, the TCAG Board formed the TCAG Rail Advisory Committee by approval of Resolution No ; and WHEREAS, TCAG Rail Advisory Committee Amendment No. 1 acknowledges that the current TCAG Rail Advisory Committee is composed of one TCAG member acting as the Chair, one City of Exeter, one City of Lindsay, one City of Porterville, one City of Tulare, one City of Dinuba, one City of Visalia, one Measure R Oversight Committee member, one TCAG at large member, one shipper, and one private interests member there are eleven official members; and WHEREAS, TCAG Rail Advisory Committee Amendment No. 1 establishes members may be nominated by the TCAG Rail Advisory committee, City of Visalia, Porterville, Tulare, Dinuba, Exeter, Woodlake, Lindsay, Farmersville, Tulare County and TCAG Board; and WHEREAS, members to the TCAG Rail Advisory Committee will be approved by TCAG Board by resolution; and WHEREAS, membership may be filled at anytime due to vacancy or change in personnel, city representation or attrition, there is no limit to term of service other then the members must be consistent with the above representation. 43

48 NOW, THEREFORE, BE IT RESOLVED THAT: Resolution No. 1) TCAG Rail Advisory Committee is composed of one TCAG member acting as the Chair, one City of Exeter, one City of Lindsay, one City of Porterville, one City of Tulare, one City of Dinuba, one City of Visalia, one Measure R Oversight Committee member, one TCAG at large member, one shipper, and one private interests member there are eleven official members; and 2) TCAG Rail Advisory Committee members maybe nominated by the TCAG Rail Advisory committee, City of Visalia, Porterville, Tulare, Dinuba, Exeter, Woodlake, Lindsay, Farmersville, Tulare County and TCAG Board; and 3) That members to the TCAG Rail Advisory Committee will be approved by TCAG Board by resolution; and membership may be filled at anytime due to vacancy or change in personnel, city representation or attrition, there is no limit to term of service other then the members must be consistent with the above representation NOW, THEREFORE, BE IT FURTHER RESOLVED. The foregoing Resolution was adopted upon the motion of Member, seconded by Member, at a regular meeting on the 22 nd day of January, 2013, by the following vote: AYES: NOES: ABSTAIN: ABSENT: TULARE COUNTY ASSOCIATION OF GOVERNMENTS J. Steven Worthley Chair, TCAG Ted Smalley Executive Director, TCAG 2 44

49 BEFORE THE TULARE COUNTY ASSOCIATION OF GOVERNMENTS COUNTY OF TULARE, STATE OF CALIFORNIA In the matter of: APPROVAL OF THE TCAG ) RAIL ADVISORY COMMITTEE ) NOMINATION APPOINTMENT ) Resolution No. WHEREAS, the Tulare County Association of Governments (TCAG) is a Regional Transportation Planning Agency (RTPA) and a Metropolitan Planning Organization (MPO), pursuant to State and Federal designation; and WHEREAS, the TCAG Board formed the TCAG Rail Advisory Committee by approval of Resolution No ; and WHEREAS, the Committee will provide a forum to identify, discuss and make recommendations regarding commercial rail in Tulare County, including rail abandonment, rail goods movement, rail consolidation and other pertinent issues related to commercial rail in the County; and WHEREAS, the Committee shall be chaired by a TCAG Board member or alternate and will be composed of representatives from the Board and private rail interests. WHEREAS, TCAG Rail Advisory Committee Amendment No. 1 (approved January 2013, Resolution No xxx) acknowledges that the current TCAG Rail Advisory Committee is composed of one TCAG member acting as the Chair, one City of Exeter, one City of Lindsay, one City of Porterville, one City of Tulare, one City of Dinuba, one City of Visalia, one Measure R Oversight Committee member, one TCAG at large member, one shipper, and one private interests member there are eleven official members (Attachment 1-TCAG Rail Advisory Committee); and WHEREAS, TCAG Rail Advisory Committee Amendment No. 1 establishes members maybe nominated by the TCAG Rail Advisory committee, City of Visalia, Porterville, Tulare, Dinuba, Exeter, Woodlake, Lindsay, Farmersville, Tulare County and TCAG Board; and WHEREAS, members to the TCAG Rail Advisory Committee will be approved by TCAG Board by resolution; and WHEREAS, membership may be filled at anytime due to vacancy or change in personnel, city representation or attrition, there is no limit to term of service other then the members must be consistent with the above representation; and WHEREAS, the City of Dinuba has nominated Dean Uota to represent the City of Dinuba on the TCAG Rail Advisory Committee. NOW, THEREFORE, BE IT RESOLVED THAT: 45

50 Resolution No. 1) The City of Dinuba s nomination of Dean Uota to the TCAG Rail Advisory Committee is hereby approved and adopted. The foregoing Resolution was adopted upon the motion of Member, seconded by Member, at a regular meeting on the 22 nd day of January, 2013, by the following vote: AYES: NOES: ABSTAIN: ABSENT: TULARE COUNTY ASSOCIATION OF GOVERNMENTS J. Steven Worthley Chair, TCAG Ted Smalley Executive Director, TCAG 2 46

51 Attachment 1 TCAG Rail Advisory Committee Name Agency/Company Address City ZIP Phone FAX Committee Members Tom Sparks, Chair TCAG Sierra Dr Three Rivers tom.sparks@live.com Jack Allwardt TCAG, City of Exeter 137 North "F" St Exeter jack.allwardt@gmail.com Pam Kimball TCAG, City of Lindsay 251 Honolulu St Lindsay pamkimball@hotmail.com Dave Harrald Measure R Oversite Comm 5925 Cutler Ct. Visalia dharrald@comcast.net VACANT TCAG, City of Porterville 291 N Main St Porterville felipemartinez@portervilleca.gov Bob Bloomer West Coast Railcar Service 4816 N Ashville Ct Clovis Hapyhog@aol.com VACANT Central California Rail Shippers & Receivers Association (CCRSRA) VACANT TCAG, City of Tulare 411 E Kern Ave Tulare n/a Dean Uota City of Dinuba 1088 E Kamm Avenue Dinuba duota@dinuba.ca.gov Ricardo Nogera City of Visalia 425 E Oak Ave Visalia rnoguera@ci.visalia.ca.us Bob Stocker TCAG At-Large Member 1-17 South Divisadero Visalia robert_stocker@sbcglobal.net Staff Support Paul Saldana Tulare County EDC 4500 S Laspina St Tulare paul@edctulare.com Eddie Wendt TCAG 210 N. Church St, SuiteVisalia ewright@co.tulare.ca.us Ted Smalley TCAG 210 N. Church St, SuiteVisalia tsmalley@co.tulare.ca.us Michael Washam Tulare County Economic Development Office 5961 Visalia mwasham@co.tulare.ca.us Mike Olmos City of Visalia 425 E Oak Ave Visalia molmos@ci.visalia.ca.us Counsel Arlene Silva Tulare County 2900 W Burrel Visalia asilva@co.tulare.ca.us Participants Nancy Lockwood Visalia EDC nlockwood@thelockwoodagency.net Ricardo Noguera City of Visalia rnoguera@ci.visalia.ca.us Hector A. Garcia Economic Development, BNSF Railway Company, San Bernardin hector.garcia@bnsf.com 47

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53 AGENDA ITEM V-E January 22, 2013 Prepared by Leslie Davis, TCAG Staff SUBJECT: Tulare County Association of Governments Action: Adoption of Resolution: Approve Fiscal Year 2012/13 Overall Work Program (OWP) Amendment No. 6, funding the Tulare County Coordinated Social Services Transportation Plan. BACKGROUND: On May 21, 2012, the Tulare County Association of Governments (TCAG) FY 2012/13 Overall Work Program (OWP) was adopted through Resolution No Amendments throughout the year are necessary to allow TCAG to deliver services as requested by its member agencies. DISCUSSION: Amendment No. 6 to the FY 2012/2013 OWP is necessary to adjust the following work element: 1. Increase Work Element (W.E.) (Transit Planning and Coordination) by $100,000 for consultant services related to the preparation of the Tulare County Coordinated Social Service Transportation Plan. The Plan started as a requirement under transportation authorization bill SAFETEA-LU and will continue as a requirement in the current legislation MAP-21 for the coordination of Social Services. Although guidance is unclear at this point, TCAG Staff is anticipating that the Plan is going to be updated concurrently with the Regional Transportation Plan (RTP). The Plan will provide a thorough detailed analysis of social service transportation needs in Tulare County to make Tulare County transit agencies and Social Service agencies in Tulare County eligible for grants under FTA as well as reduce duplication of services throughout the region. The Coordinated Plan will provide a list of projects needed to provide the level of coordination of social services needed. It is anticipated that projects will be derived of the Coordinated Plan to be eligible for some FTA funding sources under MAP-21, Examples of recent grants received that were described as a priority in the Coordinated Plan include: FTA 5310 (elderly and disabled funding) Small buses for Porterville Sheltered Workshop, bus scheduling software, and vehicle surveillance cameras. FTA 5317 (New Freedom) Greenline Call Center, Porterville Dial a Ride Route expansion and 2 new para-transit vehicles. Upon approval, TCAG will prepare a Request for Proposals (RFP) for the preparation of the Tulare County Coordinated Social Service Transportation Plan. The Coordinated Social Service Transportation Plan is a requirement for Tulare County under MAP-21. RECOMMENDATIONS: Staff recommends the approval of Amendment No. 6 to the 2012/13 OWP. The amendment will allow for an increase of $100,000 for the preparation of the Tulare County Coordinated Social Service Transportation Plan. 49

54 FISCAL IMPACT: The result of approving Amendment No. 6 is an increase of $100,000 to the TCAG budget. The increase will be covered with Federal Planning Funds and matched with TCAG Reserve funds. ATTACHMENTS: 1. Resolution approving FY 2012/13 OWP Amendment No The pertinent pages of the OWP affected by this amendment are in Attachment A 50

55 BEFORE THE TULARE COUNTY ASSOCIATION OF GOVERNMENTS COUNTY OF TULARE, STATE OF CALIFORNIA In the matter of: APPROVING THE FY 2012/13 OVERALL ) WORK PROGRAM AMENDMENT ) Resolution No. NO. 6 ) WHEREAS, the Regional Transportation Planning Agency Board of Governors adopted the FY 2012/13 Overall Work Program (OWP) on May 21, 2012, with approval of Resolution ; and WHEREAS, consultant services related to the preparation of the Tulare County Coordinated Social Service Transportation Plan are paid from WE (Transit Planning and Coordination); and WHEREAS, due to additional costs related to the preparation of the Tulare County Coordinated Social Service Transportation Plan WE (Transit Planning and Coordination) it is necessary to amend this OWP as shown in Attachment A ; and WHEREAS, Amendment No. 6 to the FY 2012/13 OWP adjusts the following work elements: Work Element (WE) is increased by $100,000 for consultant services 51

56 NOW, THEREFORE, BE IT RESOLVED that the TCAG 2012/13 Overall Work Program is amended as shown on Attachment A and referenced herein as Amendment No. 6. The foregoing Resolution was adopted upon motion of Member, seconded by Member, at a regular meeting held on the 22nd day of January, 2013 by the following vote: AYES: NOES: ABSTAIN: ABSENT: TULARE COUNTY ASSOCIATION OF GOVERNMENTS J Steven Worthley Chair, TCAG Ted Smalley Executive Director, TCAG 2 52

57 Attachment A 2012/13 Overall Work Program (proposed) Amendment 6 SUMMARY REVENUES DOLLARS EXPENDITURES DOLLARS STAFF PERSON MONTHS Member Dues 190,500 TCAG Staff 1,556, Local Contribution 1,186,246 TDA 43,280 FHWA PL (carryover) 527,196 FHWA PL 898,365 FTA Section 5303 (carryover) 0 FTA Section ,681 FTA Section 5304 FTA Section ,160 City of Dinuba 1,000 City of Exeter 1,000 City of Farmersville 26,000 City of Lindsay 1,000 City of Porterville 221,000 City of Tulare 221,000 City of Visalia 216,000 City of Woodlake 1,000 DMV 5,000 County of Tulare 311,050 City of Dinuba Insurance 6,000 City of Exeter City of Farmersville City of Lindsay 4,129 Memberships Office Expense Consultant 17,000 22,000 1,264,345 City of Porterville 13,030 Publications and Legal Notice 3,100 City of Tulare 11,699 Training 33,425 City of Visalia City of Woodlake 26,406 Transportation and Travel Print Services 70,670 90,300 County of Tulare 1,927 County Counsel 14,000 Measure R 690,000 County Auditor 2,500 LAFCO 185,000 Motorpool 6,000 TCAG Reserves 130,000 Other Grants 49,323 Other 313,352 Total Revenues 4,397,942 Total Expenditures 4,397, Toll Credits(5303) (Not Revenues) 0 Toll Credits(PL) (Not Revenues) 103,616 * FHWA PL Funding Estimated Carryover: Current Year funding: Total Funding $501,915 $923,646 $1,425,561 53

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59 Tulare County Association of Governments AGENDA ITEM V-F January 22, 2013 Prepared by Eddie Wendt, TCAG Staff SUBJECT: Action: Adoption of Resolution: Selecting Tulare County Transportation Alternatives Program Projects for Funding into the State Transportation Improvement Program BACKGROUND: The Transportation Alternatives Program (TAP) is funded through the Federal Transportation Authorization Acts. Originally under SAFETEA-LU, the TE/TAP has been revised under Moving Ahead for Progress in the 21 st Century Act (MAP 21). MAP 21 builds on and refines many of the highway, transit, bike, and pedestrian programs and policies established in 1991 (ISTEA). In the past Tulare County received approximately $800,000 to $1 million per year from the TE Program (based on apportionments). It is anticipated TCAG will continue to receive TAP funds at approximately 10% lower levels. As a result of the success of the TE program in Tulare County, certain types of projects have traditionally scored well (bicycle and pedestrian projects) while other projects have not (landmarks and historical preservation). All projects submitted to the TAP are required to prepare an application and submit it to TCAG for scoring and ranking. Upon approval by TCAG the projects are submitted to Caltrans for TAP eligibility. Caltrans determines if the project is partially or 100% eligible for funding, TCAG will assist applicants to revise applications and re-submit based on Caltrans comments. As a result of the eligibility requirements of TAP, TCAG staff revised and Board approved the scoring criteria to match those projects which are 100% eligible for TAP funding. TCAG currently has a balance of $1,200,000 to re-program in FY 13/14 (Santa Fe Trail Connection), $575,000 to the City of Farmersville, and $625,000 be determined by future applications. Projects requesting the funding from the $625,000 must have environmental and right-of-way certifications, and California Transportation Commission (CTC) allocation request completed prior to April TCAG currently has a TE reserve apportionment in FY 15/16 of $1,028,000 and FY 16/17 of $1,012,000 which is anticipated to be reduced (amounts not yet known) under MAP-21, Caltrans has recommended that 12/13 FFY funds will continue to operate as usual. Fiscal Year 12/13 will continue to be funded through the STIP at current TE/TAP apportionment levels and TCAG will program based on these estimates for FY 15/16 and FY 16/17 adjusting funding levels as required by Federal Highway Administration (FHWA) and Caltrans. 55

60 DISCUSSION: Transportation Alternative Program (TAP) Call For Projects The Tulare County Association of Governments (TCAG) accepted applications for Transportation Alternatives Program (TAP) Projects for FY 13/14, 14/15, 15/16 and 16/17. The TAP funding available by fiscal year is as follows: FFY 13/14 $625,000 FFY 14/15 $0 FFY 15/16 $1,028,000 FFY 16/17 $1,012,000 Total $2,665,000 Attachment 1 exhibits the received projects applications. At the time of the agenda printing the scoring had not been completed. A separate handout Attachment No. 3: 2012/13 TCAG s Transportation Alternative Projects recommendations will be available at the Technical Advisory Committee (TAC) meeting on January 17, 2013, and at the Board meeting on January 22, All projects must have California Conservation Core (CCC) signatures prior to programming and are subject to Caltrans Eligibility determination prior to programming into the STIP. ( RECOMMENDATIONS: 1. Approve project listing as per Attachment Create a shelf of backup projects if other projects are deleted through FFY 16/ Projects not funded by FFY 16/17 will be eligible for future funding but must compete with new projects. 4. Require letter of commitment to deliver approved project in a timely manner (year of program). FISCAL IMPACT: No Significant Fiscal Impact-Programs Allocated STIP-TAP funds. ATTACHMENTS: Attachment 1: 2012/13 Transportation Alternatives Program (TAP)-Projects Received Attachment 2: Resolution Approving Selecting Tulare County Transportation Alternatives Program for Funding Into the State Transportation Improvement Program Attachment 3: (Handout-available at Board meeting): 2012/13 TCAG s Transportation Alternative Program Projects Work Element STP/CMAQ/TE Programming 56

61 Attachment /13 Transportation Alternatives Program (TAP)-Projects Received Applicant Project Description Project Cost Local Measure R TAP Funds Year 1 City of Visalia 2 City of Visalia 3 City of Porterville 4 City of Porterville 5 City of Porterville 6 City of Porterville 7 City of Porterville 8 City of Porterville 9 City of Porterville 10 City of Woodlake 11 City of Dinuba St. Johns River From Rd 148 to Cutler Park Mill Creek Riparian Trail Beautification Tule River Parkway Improvements-SR 65 portion Tule River Parkway Improvements-Tule River portion Veteran's Park Trail Northern Portion Veteran's Park Trail Southern Portion Rails to Trails Parkway Improvements Southern Portion Rails to Trails Parkway Improvements Middle Portion Rails to Trails Parkway Improvements Northern Portion Downtown Enhancement Project Phase 4 Phase one Bike Plan Implementation Project 737, , ,000 15/16 873, , ,000 13/14 526,000 91, ,000 16/17 552,000 95, ,000 16/17 552,000 95, ,000 15/16 487,000 84, ,000 15/16 393,000 68, ,000 15/16 301,000 52, ,000 16/17 439,000 76, ,000 16/17 757, , ,000 13/14 266,000 16,720 23, ,000 13/14 Sum 4,837,000 TAP FUNDS AVAILABLE Year Funds Available Project Total Submital by Year Shortfall FFY13/14 $625,000 1,532,000 FFY14/15 $0 FFY15/16 $1,028,000 1,801,000 FFY16/17 $1,012,000 1,504,000 Total $2,665,000 4,837,000 $2,172,000 1/2 TAP for Measure R Measure R Projects Designated Measure R projects receive half TAP $1,332,500 1,297,000 Visalia projects are Measure R listed 57

62 BEFORE THE TULARE COUNTY ASSOCIATION OF GOVERNMENTS COUNTY OF TULARE, STATE OF CALIFORNIA In the matter of: SELECTING TULARE COUNTY ) TRANSPORTATION ALTERNATIVES ) Resolution No. [ ] PROGRAM FOR FUNDING ) INTO THE STATE TRANSPORTATION ) IMPROVEMENT PROGRAM ) WHEREAS, on July 6, 2012, the Federal Government of the United States of America enacted the Moving Ahead for Progress in the 21 st Century Act (MAP 21) authorizing highway, safety, transit, congestion, and other surface transportation programs for the next two years 2012/13 and 2013/14; and WHEREAS, the Transportation Alternatives Program (TAP) funds currently go directly to California Transportation Commission (CTC) where funds are made available to each county by apportionments and are programmed through the State Transportation Improvement Program (STIP) for funding; and WHEREAS, the Tulare County Association of Governments (TCAG) is allocated funds annually under MAP 21 from Caltrans through the STIP; and WHEREAS, TCAG submits a listing of projects in the Regional Transportation Improvement Program (RTIP) for submittal to the California Transportation Commission for inclusion in the STIP; and WHEREAS, TCAG has requested a call for TAP projects on November 7, 2012 and concluding on December 20, 2012; and WHEREAS, TCAG held a workshop for TAP projects on November 15, 2012; and WHEREAS, TCAG received 11 applications and scored and ranked the proposed TAP projects based on the criteria established by Caltrans and TCAG; WHEREAS, TAP projects are subject to P.L Map 21 under Chapter 1 of Title 23, USC and California State Senate Bill (SB) 286 requires Caltrans and Regional Transportation Planning Agencies, to give priority in the selection of projects to the sponsors of eligible projects that partner with if possible or have the California Conservation Core or local Core sign off on the project if unable to participate; and WHEREAS, TCAG requires all TAP projects submittals be accompanied with letters of support from City Manager, Mayor, County Directors, or Administration; and 58

63 Resolution No. [ ] WHEREAS, TCAG requires all approved TAP projects to submit letter of commitment to deliver approved project in a timely manner (year of program); and NOW, THEREFORE, BE IT RESOLVED that Transportation Alternatives Program funding is approved as displayed in Attachment 3 (handout provided at January 22, 2013 Board Meeting) subject to availability of federal funds, future commitment of $625,000 from the FFY 2013/14, FFY 15/16 $1,028,000, and FFY 16/17 $1,012,000 and programming is approved as shown in Attachment 2 all projects are subject to Caltrans Eligibility and determination prior to being programmed into the STIP. The foregoing Resolution was adopted upon a motion by Member, seconded by Member, at a regular meeting on the 22 nd day of January, 2013, by the following vote: AYES: NOES: ABSTAIN: ABSENT: TULARE COUNTY ASSOCIATION OF GOVERNMENTS J. Steven Worthley Chair, TCAG Ted Smalley Executive Director, TCAG 2 59

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65 Tulare County Association of Governments AGENDA ITEM V-G January 22, 2013 Prepared by Benjamin Giuliani, TCAG Staff SUBJECT: Information: Status of State Transportation Improvement Program (STIP) Allocations and California Transportation Commission (CTC) Update BACKGROUND: The CTC met in Sacramento on January 8 th. The next regular CTC meeting will be held on March 5 th in the Bay Area. DISCUSSION: CTC January 8 th Meeting The following projects were acted on by the CTC at their January meeting: Bardsley Ave/Union Pacific undercrossing The CTC approved a change in the baseline agreement for the timing, scope and funding of the Bardsley Ave./UP undercrossing project. The total construction cost is $18,498,000 with $7,156,000 from the Highway Railroad Crossing Safety Account (HRCSA). The project will create a double-track superstructure over Bardsley Ave with a foundation for a potential future third track. Also, the start of construction is anticipated for February of this year. SR-99 widening (Goshen to north of Caldwell) The CTC approved a financial allocation amendment to reduce construction funding from $40 million to $38.7 million to reflect the cost of the awarded bid for the project. The $1.3 million in Prop 1b cost savings will be set aside for either an additional SR-99 project or for cost overruns of current SR-99 projects. Pixley Main Street Enhancement The CTC approved a 6 month extension for Tulare County to award this project for construction. The extension request was made due to time delays experienced in changes to the design of the project and due to additional time needed to finalize a maintenance agreement with the Pixley Community Services District. Santa Fe Bike Trail Lighting The CTC approved a 4 month extension for the City of Tulare to award this project for construction. The extension request was made due to time delays experienced due to unanticipated changes in design. 61

66 2012 STIP The 2012 STIP was approved by the CTC on March 29 th. Listed below are the projects in the 2012 STIP. Adopted 2012 RTIP/STIP Project Agency Phase FY 12/13 FY 13/14 FY14/15 FY 15/16 FY 16/17 PS&E $3.108m SR-99/Betty Dr Caltrans R/W $6.492m Interchange Con Sup $5.000m PS&E $.875m* Caltrans R/W $.650m* Con $8.300m* SR-99 Widening (Caldwell-Tagus) SR-99 Widening (Tagus-Prosperity) SR-65 Widening (SR-190-Tea Pot Dome) SR-65/Spruce Rd Caltrans PS&E R/W $.425m* $6.463m* Caltrans Con Sup $1.500m Caltrans PS&E $1.42m $1.557m Realignment/Expressway Packwood Creek Trail.25m Visalia Con $118k Packwood Creek Trail.75m Visalia Con $250k Downtown Enhancement, ph 1 Woodlake Con $398k Santa Fe Trail connection County Con $1,976k Oak Ave Pedestrian Walkway Porterville Con $224k TE Reserve $575k $1,028k $1,012k *These phases have matching money from Caltrans Interregional Transportation Improvement Program (ITIP): FY 13/14 - $1.5m for PS&E and R/W, FY 14/15 - $7.825 for PS&E and R/W, FY 15/16 - $12.5m for Con FY 2012/13 STIP Projects There are one STIP and three TE projects programmed in Fiscal Year (FY) 12/13. STIP/TE Projects Subject to CTC Allocation FY12/13 Project Agency Phase Amount Fund Anticipated CTC Action Approved SR99/Betty Dr. Interchange Caltrans PS&E 1 $3,108,000 STIP n/a Yes 2 Packwood Creek Waterway Trail (.25mi) Visalia Construction $118,000 TE May 2013 Packwood Creek Waterway Trail (.75mi) Visalia Construction $250,000 TE May 2013 Downtown Enhancement, Phase 1 Woodlake Construction $398,000 TE Jun Plans, Specifications and Estimate 2 Caltrans is responsible for applying STIP funding for the PS&E phase 62

67 TE Projects TCAG encourages all recipient agencies with TE projects to coordinate with TCAG and Caltrans Local assistance for earlier project delivery (by November of fiscal year). With early project delivery, it allows Caltrans and TCAG to assist in solving project challenges prior to the May deadline and allows for the potential of many projects to move up from a later fiscal year. TCAG and Caltrans will work with agencies that are experiencing challenges with Environmental and Right-of-Way Clearance. Any projects that are in the current year may not be reprogrammed but must be delivered or funding is lost to the region. Based on prior CTC meetings and direction from Caltrans/CTC staff extensions for TE projects are going to be scrutinized and 2012 STIP/TE Projects Project Delivery Schedule Project Agency Phase FY 10/11 FY 11/12 FY12/13 FY 13/14 FY 14/15 FY 15/16 Tulare Road Pedestrian Safety Bollards Lindsay Con $167,000 2 St. Johns - Rd 148 to Cutler Visalia Con $159,000 1 Transit Center/Main St. Visalia Con $173,000 Government Center Plaza Lindsay Con $199,000 2 Santa Fe Trail lighting Tulare Con $397,000 3 Dinuba Downtown Plaza Dinuba Con $100,000 4 Pixley Main Street County Con $190,000 5 Downtown Improvements Woodlake Con $398,000 Packwood Creek Waterway Trail.25mi Visalia Con $118,000 Packwood Creek Waterway Trail.75mi Visalia Con $250,000 Oak Avenue Pedestrian Walkway & Mural Porterville Con $224,000 Santa Fe Trail Connection County Con $1.976m TE Reserve $575,000 $1.028m $1.012m 1 The CTC approved a 12-month allocation extension at their June, 2011 meeting. Project allocated at June, 2012 meeting. 2 The CTC approved a 24-month award extension at their January, 2012 meeting. 3 The CTC approved a 4-month award extension at their January, 2013 meeting. 4 The CTC approved a 12-month allocation extension at their June, 2012 meeting. 5 The CTC approved a 6-month award extension at their January, 2013 meeting. ATTACHMENTS: None Work Element: Transportation Improvement Program 63

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69 TULARE COUNTY ASSOCIATION OF GOVERNMENTS REGIONAL TRANSPORTATION PLANNING AGENCY METROPOLITAN PLANNING ORGANIZATION * * * * Executive Minutes December 10, 2012 Present Board Members Alternates Member/Alternate Agency Allen Ishida Walter Stammer, Jr. M/A Tulare County-Dist. 1 Pete Vander Poel William Cushing M Tulare County-Dist. 2 Phil Cox Bill Whitlatch M Tulare County-Dist. 3 Steve Worthley Ray Millard M Tulare County-Dist. 4 Mike Ennis Judi Gibbons M Tulare County-Dist. 5 Janet Hinesly Mike Smith City of Dinuba Jack Allwardt Dale Sally M City of Exeter Paul Boyer Mike Santana City of Farmersville Pamela Kimball Steve Velasquez M City of Lindsay Virginia Gurrola Cameron Hamilton M City of Porterville Craig Vejvoda Skip Barwick M City of Tulare Bob Link Steve Nelsen M City of Visalia Rudy Mendoza Raul Gonzales, Jr. M City of Woodlake Dennis Townsend Luke Feldstein M Member-at-Large Terry McKittrick Bob Stocker M Member-at-Large Tom Sparks Ernie Hernandez M Member-at-Large Sharri Bender-Ehlert Gail Miller A Caltrans STAFF Ted Smalley Executive Director P TCAG Elizabeth Wright Senior Regional Planner P TCAG Eddie Wendt Associate Regional Planner P TCAG Marvin Demmers Regional Planner P TCAG Ben Giuliani Senior Regional Planner P TCAG Mark Hays Associate Regional Planner P TCAG Roberto Brady Associate Regional Planner P TCAG Christine Chavez Associate Regional Planner P TCAG Jason Waters Associate Regional Planner P TCAG Cynthia Echavarria Associate Regional Planner P TCAG Leslie Davis Fiscal Manager P TCAG Michele Boling Accountant II P TCAG Jessica Moncada Secretary III P TCAG Carrie Perez Secretary I TCAG 65

70 I. Call to Order & Welcome The Transportation Policy Advisory Committee was called to order by Chair Worthley at 1:18 p.m. on December 10, Pledge of Allegiance Chair Worthley led the pledge of allegiance. II. Public Comments There were no public comments. IV. Transportation Consent Calendar Action and Information Items Request Approval of the Transportation Consent Calendar Action Item IV-A through IV-C A. Action: Approve the Final 2012/13 Local Transportation Funds (LTF) and State Transit Assistance Fund Apportionments B. Action: Adoption of Resolutions: Approve the Transportation Development Act (TDA) claims for the City of Dinuba and the City of Woodlake for Fiscal Year 2012/13 C. Action: Adoption of Resolution: Approve Valleywide Agreements Upon a motion by Member Ennis and seconded by Member McKittrick, the Transportation Policy Advisory Committee unanimously approved the Transportation Consent Calendar Items IV. A through IV. C. A. Transportation Action/Discussion Items A. Information: Caltrans Monthly Report Gail Miller provided information on the monthly Caltrans report and an update on current and future Caltrans projects throughout Tulare County. VI. REQUEST TO REAFFIRM ALL ACTIONS TAKEN WHILE SITTING AS THE TRANSPORTATION POLICY ADVISORY COMMITTEE Upon motion by Member Vander Poel and seconded by Member Ennis, the Board unanimously reaffirmed all actions taken while sitting as the Transportation Policy Advisory Committee. VII. Association Consent Calendar Action and Information Items Request Approval of the Association Consent Calendar Action Items VII.A through VII.C A. Minutes of November , 2012 Board Meeting B. Summary of November 15, 2012 Technical Advisory Committee Meeting C. Approve the 2013 Tulare County Association of Governments (TCAG)/Tulare County Transportation Authority (TCTA) and Technical Advisory Committee(TAC) Meeting Calendar and reconfirm cancellation policy Upon a motion by Member McKittrick and seconded by Member Mendoza the Association unanimously approved the Association Consent Calendar Items VII.A through VII.C. 66

71 VIII. Association Action/Discussion Items A. Presentation: Report from Congressman Nunes Office Member Mendoza provided a report from Congressman Nunes Office. Member Mendoza stated Congressman Nunes is currently in Washington D.C. working on the budget process. He is expected to be in Washington for the remainder of the month. There is still no word on the Legislative Calendar for the next congress, but TCAG will be updated as soon as it is finished. B. Action: Adoption of Resolution: Sustainable Communities Strategy (SCS) RTP Roundtable Appointments Chair Worthley stated there is a number of positions still open on the RTP Roundtable that TCAG would like to fill at today s Board meeting. Member Cox asked if there are any names that were not listed in the agenda. Mr. Brady stated the following names he would like to add for the record: County of Tulare Hector Guerra, City of Lindsay Bill Zigler, City of Tulare Mike Whitlock, Public Transportation Richard Tree, Agriculture Joshua Miller, Goods Movement Ron Faulkner, San Joaquin Valley Air Pollution Control District Tom Jordan. These names are an addition to the six that were listed in the agenda. Chair Worthley stated to make things clear, the motion included all names that were mentioned by Mr. Brady and also mentioned in the agenda. Upon a motion by Member Gurrola and seconded by Member Kimball, the Association unanimously approved the Sustainable Communities Strategy (SCS) RTP Roundtable Appointments. C. Action: Approve Joining of Transportation Coalition for California Cap-and-Trade Program Coalition Ms. Wright stated Cap-and-Trade and the Transportation Coalition in order to advocate for transportation funds were discussed at last month s TCAG Board meeting. Ms. Wright stated the first auction of Cap-and-Trade allowances occurred on November 14, Over 23 million allowances were sold at $10.09 each and the floor was $ These numbers will change over time as the auction amounts increase. The TCAG staff recommends joining the transportation coalition for transportation advocacy for Cap-and-Trade. Chair Worthley asked if there is an allocation formula of funding. Ms. Wright stated at this point it is more of an informal coalition, but TCAG is always sensitive to allocation formulas or exemption exceptions as far as they apply to smaller rural areas. If the coalition starts going into formula allocations, TCAG will reevaluate membership. Upon a motion by Member Vejvoda and seconded by Member McKittrick, the Association unanimously approved Joining of the Transportation Coalition for California s Cap-and-Trade Program Coalition. 67

72 D. Action: Provide Input on 2013 San Joaquin Valley Legislative Platform Ms Wright stated the Legislative Platform was discussed at last month s TCAG Board meeting. Comments were received from the Valley COGs on this issue. The draft is going to the Policy Council on Friday, December 14 th. The difference in the platform is the lowering of the Transportation Sales Tax Threshold to 55% approval has been added back into the platform. TCAG is asking for comments or input to add to provide to the Policy Council members to take action on at the next Council meeting. Member Townsend stated the wording under Cap-and-Trade now says for any funds generated under the Cap-and-Trade Program, support legislation and policies that will provide adequate funding to disparately impacted regions such as the San Joaquin Valley for mitigating air quality or climate change impacts and the last bullet point states Support utilization of Cap-and-Trade funding for Goods Movement Projects in the San Joaquin Valley. Member Townsend stated, he thinks that the last bullet point was worded much better than the first mentioned. Member Townsend stated he wanted to propose changing the wording of the first bullet in the agenda regarding Cap-and-Trade to encourage the utilization of funds generated under the Cap-and-Trade program for disparately impacted regions such as the San Joaquin Valley for mitigating air quality or climate change impacts. Chair Worthley asked Member Townsend if he wanted to take out the part that states support legislation and policies that will provide. Member Townsend stated he thought after the discussion the committee had regarding the support of Cap-and-Trade, since the board does not support it individually or as a group, it should state encourage the use of the funds that are already for funding for the areas here in the valley Chair Worthley stated it would take legislation and policies to actually do that. The Board is not favoring Cap-and-Trade. The idea would be, in order to get those funds, we would have legislation or policies that direct the funds to us. It will not happen automatically. If the Board left it out, it would still require policies and legislation for it to happen. It will take more policies and legislation to accomplish this goal because Cap-and-Trade exists but no one has determined where the funds are going to go or how its going to work. Chair Worthley stated if you take the part that says funds generated under the Cap-and-Trade Program is the current existing law. Now you will need to have further legislation policies adopted that will make sure that the funds are directed to what we are asking it to be directed to. It is not supporting Cap-and-Trade, it is just saying Cap-and-Trade exists. Under Cap-and-Trade existence, how are we going to get the funds allocated to us? It will take policies and legislation. Chair Worthley stated it is not in any way supporting Cap-and-Trade, it s just acknowledging that Cap-and-Trade exists. Mr. Smalley stated on the language on that particular sentence is being worked on and changing to be consistent in joining the coalition. Ms. Wright stated the idea of extending the TCAG trip to DC one day to include regional nontransportation items was discussed and approved by the TCAG Board. Discussion with County Staff and City Managers discussed the following four items: Marijuana Eradication, Increase in Federal Judges for Fresno East District Court, Farm Bill and Water Quality. TCAG will work with the city managers to find people that have interests in these items, put together fact sheets and find volunteers to attend the trip to cover these issues. Upon a motion by Member Vejvoda and seconded by Member Cox, the Association entertained a motion adopt the language with the exception to oppose the 55% reduction to the Transportation Sales Tax Threshold. 68

73 E. Action: Adoption of Resolution: Regional Housing Needs Assessment Plan Consultant Selection Mr. Waters stated TCAG submitted a Request for Proposals for the preparation of the Regional Housing Needs Assessment (RHNA) plan on October 8 th. TCAG received proposals from Mintier and Associates and also from PMC. TCAG s budget was set at $50,000. Mintier and Associates proposed to prepare the plan at a cost of $49,225 and PMC proposed to prepare the plan at a cost of $49,907. Based on the Board approved scoring criteria, Mintier and Associates scored and PMC scored Based on the scores, staff recommends selecting Mintier and Associates to prepare the Tulare County Regional Housing Needs Assessment Plan. Member Mendoza asked what DBE Participation Level was. Mr. Waters stated it stands for Disadvantaged Business Enterprise. Upon a motion by Member McKittrick and seconded by Member Link, the Association approved Mintier and Associates as the Regional Housing Needs Assessment Plan Consultant. Member Ishida and Member Cox voted no. F. Action: Approval of Audit Extension for Member Agencies -Addendum Item Ms. Davis stated TCAG is asking the Board to approve the audit extension through March 31 st 2013 for member agencies. All audits should be completed by December 31 st and the extension will be activated if necessary. Member Mendoza asked if there are any member agencies TCAG is concerned with not meeting their deadline. Ms. Davis stated there is no concern for any agencies and the extension is for precautionary measures. Member Mendoza asked if TCAG has asked for approval of audit extension in the past and when. Mr. Smalley stated every year for the last 15 years in order to protect all member agencies. Ms. Wright stated clarified that TCAG is not asking to extend the city audits, just the transportation audit that follows the city audit. Upon a motion by Member Alwardt and seconded by Member Gurrola, the Association approved to extend audits for member agencies to March 31, IX. CORRESPONDENCE None X. OTHER BUSINESS A. Information: Items from Staff None B. Information: Items from Board Members. 1. Tulare County Water Commission Update 69

74 Member Ishida stated Rotary has installed four onsite water filtration devices in Monson and are doing monthly tests on the systems to see if there is a change in the nitrate levels. Getting to the baseline was necessary before they install more filters in the homes in Monson. Rotary is taking initiative of the resources to put the systems in. This is not a long term fix but is progress that may be transferred to other communities. 2. Other Items Member Sparks stated the Rail Committee held a meeting to look at a new possible way to preserve the rail in the County. The committee came up with looking at the rezoning of the parcels. When a rail is abandoned, this would prevent an entity going in and purchasing property and cutting it in half. C. Request from Board Members for future agenda items Member Townsend requested an information item for the Envision Tomorrow and Voyager 6 software. ADJOURN AS THE TULARE COUNTY ASSOCIATION OF GOVERNMENTS AND CONVENE AS THE TULARE COUNTY TRANSPORTATION AUTHORITY. 70

75 TCAG Technical Advisory Committee Meeting December 6, 2012 A T T E N D A N C E L I S T City of Dinuba Blanca Beltran City of Porterville -absent- City of Exeter -absent- City of Tulare Mike Miller City of Farmersville Monique Mello City of Visalia Chris Tavarez City of Lindsay Neyba Amezcua City of Woodlake -absent- County of Tulare Britt Fussel Tule River Indian Res. -absent- Caltrans Paul Marquez TCAG Ted Smalley Others present: Mike Reed TCAG Staff Present: Ted Smalley, Eddie Wendt, Marvin Demmers, Cynthia Echavarria Carrie Perez, Ben Giuliani, Roberto Brady, Leslie Davis, Christine Chavez M E E T I N G N O T E S The TAC Meeting began at 1:30 p.m. on December 6, 2012 Ms. Chavez provided information on the item seeking Board approval for the final 2012/13 Local Transportation Funds (LTF) and State Transit Assistance (STA) Fund Apportionments. On June 18, 2012 TCAG approved the LTF fund estimate for Fiscal Year 2012/13. TCAG Staff will provide agencies with a mid-year review of the revenues to better estimate the LTF revenues through the rest of the fiscal year and update the estimates if needed. Transit agencies will be able to submit revised claims if necessary. Ms. Chavez provided information on the item seeking Board approval to approve the Transportation Development Act (TDA) claims for the City of Dinuba and the City of Woodlake for Fiscal Year 2012/13. The City of Dinuba has submitted a TDA claim for the 2012/13 fiscal year. These claims do not exceed the amounts that the City of Dinuba has been apportioned. The City of Woodlake has submitted a TDA claim for the 2012/13 fiscal year. These claims do not exceed the amounts that the City of Dinuba has been apportioned. Ms. Davis provided information on the item seeking Board approval to approve Valleywide agreements. On May 21, 2012 Tulare County Association of Governments (TCAG) designated and approved budget amounts for Valleywide Coordination and Air Quality Conformity Coordination in the 2012/2013 Overall Work Plan in anticipation of a request to participate with the other seven Councils of Government in the San Joaquin Valley region. Mr. Marquez of Caltrans provided information on the status of Caltrans projects. Caltrans continues to monitor the road improvements in Tulare County. Ms. Wright provided information on the item seeking Board consent to approve the 2013 Tulare County Association of Governments (TCAG)/Tulare County Transportation Authority (TCTA) and Technical Advisory Committee (TAC) Meeting Calendar and reconfirm cancellation policy. Generally, the Board meeting is held on the third Monday of each month, with a few exceptions. The Technical Advisory Committee meeting is held the Thursday prior to the TCAG Board meeting. Due to occasional conflicts, meetings are subject to change with notice. Mr. Tavarez, City of Visalia, stated that it can be difficult to hear the speakers during the Board meeting and recommended that a microphone with speakers would alleviate the problem. Ms. Wright responded that we would look into the cost of adding this equipment. Mr. Brady provided information on the item seeking Board approval for the Sustainable Communities Strategy (SCS) RTP Roundtable Appointments. The purpose of the RTP Roundtable is to support TCAG in development and preparation of the 2014 Regional Transportation Plan and Sustainable Communities Strategy. It is vital to the success of the process that the RTP Roundtable help to generate consensus about the RTP that is based on the input of an informed and active 71

76 local constituency. While the RTP Roundtable will provide comments and input on issues related to development of the 2014 RTP/SCS, the final decisions on the RTP will be the responsibility of the TCAG Board of Governors. Ms. Wright provided information on the item seeking Board approval of the joining of Transportation Coalition for the California Cap-and-Trade program. The first auction of Cap-and-Trade allowances occurred on November 14, Over 23 million allowances were sold. Debate continues regarding where Cap-and-Trade revenues will go. A coalition of numerous agencies has formed to advocate for the best use of transportation related emissions funding for transportation projects that will contribute to the reduction of greenhouse gas emissions. Ms. Wright provided information on the item seeking Board approval to provide input on the Draft 2013 San Joaquin Valley Legislative Platform. The San Joaquin Valley Policy Council puts together an annual Legislative Platform to use to formulate positions on key state and federal policies and legislation as they are presented each year. The Policy Council travels to Sacramento and Washington D.C. once per year. The draft 2013 San Joaquin Valley Legislative Platform will be reviewed by the COG Directors and the Policy Council in the next few months for use in 2013 advocacy trip to Sacramento planned for next spring. At this time, staff is requesting input to bring forward from the TCAG Board on these items as they go through the revision process. Ms. Wright provided information on the item seeking Board approval for the Regional Housing Needs Assessment (RHNA) Plan Consultant Selection. On October 8, 2012, TCAG submitted a Request for Proposals (RFP) for the preparation of the Regional Housing Needs Assessment (RHNA) plan. The RHNA is a required document that will be incorporated in the Sustainable Communities Strategy (SCS) and the Regional Transportation Plan (RTP). A consultant needs to be selected at the December meeting to comply with deadlines associated with the SCS and RTP. Ms. Davis provided information on the item seeking Board approval to approve an audit extension for member agencies. TCAG member agencies have until December 31 st to complete the audit of the previous year ending June 30 th. The Transportation Planning Agency (TPA) has the ability to grant a 90-day extension to March 31 st of the following calendar year for member agencies to deliver their audits. The Transportation Development Act (TDA) independent audit will begin once member agencies are near completion of their own agency audit. The Transportation Planning Agency may grant a 90-day extension, to March 31 st of the following calendar year, to avoid a lapse in the deadline of the member agency audit. All audits should be completed by December 31 st and the extension will be activated if necessary. Ms. Echavarria provided information on the item seeking Board approval to appoint members to the Measure R Mitigation Banking Committee. Nominations were approved on November 15, 2012 at the TCTA regularly scheduled meeting. Nominations for eight of the fourteen vacancies were approved. The nomination deadline was extended until end of business day November 29, 2012 for the remaining vacancies. Nominations submitted before the deadline will be considered at the December TCTA Board meeting. Ms. Davis provided information on the Measure R update. Fiscal Year (FY) 2012/13 Measure R allocations have been received for five months and distributed through August. FY 2012/13 represents more than a 13 % increase when compared to FY 2011/12. Mr. Smalley provided information on the item seeking Board approval to authorize public outreach for a potential third Measure R expenditure plan update. Seven member agencies have submitted potential changes to the Measure R Expenditure Plan. TCAG Staff will provide a detailed presentation at the December 10, 2012, workshop including a cumulative analysis if all requests were approved. The approval for public outreach does not constitute approval or a recommendation of the prospective requests and the action presented to the Board today does not approve the requests. With Board approval, staff may conduct outreach to receive public comment regarding the proposed changes. Mr. Smalley provided information on the item seeking Board approval to authorize Amendment No. 6 to the 2012 Measure R Strategic Work Plan amending the funding for Cartmill/SR-99 interchange project and Letter of No Prejudice for Route 99 bond funding. Amendment No. 6 to the 2012 Measure R Strategic Work Plan provides an opportunity to keep the Cartmill interchange on schedule. The meeting was adjourned at 2:11 PM. 72

77 Tulare County Association of Governments AGENDA ITEM VII-C January 22, 2013 Prepared by Carrie Perez, TCAG Staff SUBJECT: Action: Approve the 2013 Tulare County Association of Governments (TCAG)/Tulare County Transportation Authority (TCTA) and Technical Advisory Committee (TAC) Meeting Calendar and reconfirm cancellation policy BACKGROUND: TCAG does not have its own facility to accommodate Board meetings. Past TCAG Chairs and member agencies have requested that the location for the TCAG/TCTA Board meetings rotate throughout the county. In some instances, where more space is needed for hearings or workshops or a facility is not available, TCAG will reserve the Tulare Ag Commissioner s Auditorium at 4437 S. Laspina St., Tulare, CA Regarding the TAC meeting locations in 2013, they will be held at 210 North Church Street, Suite B, Visalia, CA DISCUSSION: The 2013 TCAG/TCTA and TAC meeting schedule is attached for the Governing Board s review and approval. Generally, the Board meeting is held on the third Monday of each month, with a few exceptions. The Technical Advisory Committee meeting is held the Thursday prior to the TCAG Board meeting. Meeting exceptions are noted in the table on the next page. Due to occasional conflicts, meetings are subject to change with notice. 73

78 2013 TCAG/TCTA and TAC Meeting Calendar TAC Meeting (Thursdays, 1:30 p.m.) Board Meeting (Mondays, 1:00 pm) January 17, 2013 January 22, 2013 (Tuesday)* February 14, 2013 February 19, 2013 (Tuesday)* March 14, 2013 March 18, 2013 April 11, 2012 April 15, 2013 May 16, 2013 May 20, 2013 June 13, 2013 June 17, 2013 July 11, 2013 July 15, 2013 August 15, 2013 August 19, 2013 September 12, 2013 September 16, 2013 October 17, 2013 October 21, 2013 November 14, 2013 November 18, 2013 December 5, 2013 December 9, 2013 *Exceptions to standard board meeting dates are noted with an asterisk. *The Chair in consultation with the Executive Director may cancel or reschedule a meeting. RECOMMENDATIONS: Approve the 2013 TCAG/TCTA and TAC Meeting Calendar, including the provision allowing the Chair, in consultation with the Executive Director, to cancel or reschedule a meeting. FISCAL IMPACT No fiscal impact. ATTACHMENT: None Work Element: Administration 74

79 TULARE COUNTY ASSOCIATION OF GOVERNMENTS Local Clearing House Review USDA Rural Development, Health Information Technology (HIT) Community Facilities Loan Program Funding APPLICATION Alta Family Health Clinic, Inc. is submitting an application for federal assistance from USDA Rural Development for HIT Community Facilities Loan Program funding to finance an Electronic Health Records system. Funds requested are as follows: Federal*: $ 300,000 Applicant: $ 0 State: $ 0 Local: $ 0 Other: $ 0 Program Income $ 0 Total: $ 300,000 SCOPE OF PROJECT Alta Family Health Clinic, Inc. (AFHC) is a private, non-profit health center providing comprehensive medial and dental care services to the communities of Dinuba, Reedley, Orange Cove, Cutler and Orosi. AFHC is applying for funding to complete final implementation of an Electronic Medical Records and Practice Management System. The electronic system will replace its paper-based system in compliance with government mandates and will increase efficiency and enhance patient care. *Applicant has indicated that per USDA s request, the loan amount is being reduced from the $500,000 originally shown on the Application for Federal Assistance SF

80 'CAG Llore Ccunlv ASSOC;D!icn of Governments FAX 210 N. Church St., Stet B Visalia, california (559) (559) LOCAL CLEARINGHOUSE REVIEW - AGENCY COMMENTS/RECOMMENDATIONS DATE: December 5, 2012 TO: FROM: Interested Agencies Barbara Pilegard, TCAG Staff SUBJECT: LOCAL CLEARINGHOUSE REVIEW L.R Alta Family Health Clinic, Inc. (AFHC) is submitting an application for federal assistance from USDA Rural Development. The project consists of completing final implementation of an Electronic Medical Records and Practice Management System to replace its paper-based system. AFHC serves the communities of Dinuba, Reedley, Orange Cove, Cutler and Orosi. Please review the attached summary report of the local clearinghouse proposal for conformance and consistency with your local plans and programs. Any comments and/or recommendations that you feel are appropriate may be written below in the spaces provided or in a separate letter. All comments must be returned to this office by 5:30 p.m. on Monday December 17, 2012 in order to be reviewed and forwarded by the TCAG Board of Governors to the State Clearinghouse, thereby completing our local review of the proposal. Thank you for your time and consideration in this matter. Please retum comments to: Tulare County Association of Governments, Attn: Barbara Pilegard, 210 N. Church Street, Suite B, Visalia, CA The proposal does not duplicate or conflict with any of our programs or policies. The proposal is consistent with our General Plan, zoning and/or growth policies. The proposal is not consistent with our General Plan, zoning and/or growth policies. (Please explain below or attach supplement) The proposal is not consistent with our General plan, zoning and/or growth policies. ~ease explain below or attach supplement) JL'We have no objections/comments regarding this proposal. This proposal/funding request should be: Comments: _Approved _ Approved with modifications Denied _ Completed by: Agency: ~ (~ II II Stt ~"A- Dinuba Exeter Farmersville Lindsay Par/eMIle Tulare Visalia Woodlake County of Tulare 76

81 TULARE COUNTY ASSOCIATION OF GOVERNMENTS Local Clearing House Review 2012~03 USDA Rural Development, Health Information Technology (HIT) Community Facilities Loan Program Funding APPLICATION Alta Family Health Clinic, Inc. is submitting an application for federal assistance from USDA Rural Development for HIT Community Facilities Loan Program funding to finance an Electronic Health Records system. Funds requested are as follows: Federal*: Applicant: State: $ $ $ Local: $ Other: $ Program Income $ Total: $ 300, ,000 o o o o o SCOPE OF PROJECT Alta Family Health Clinic, Inc. (AFHC) is a private, non-profit health center providing comprehensive medial and dental care services to the communities of Dinuba, Reedley, Orange Cove, Cutler and Orosi. AFHC is applying for funding to complete final implementation of an Electronic Medical Records and Practice Management System. The electronic system will replace its paper-based system in compliance with government mandates and will increase efficiency and enhance patient care. *Applicant has indicated that per USDA's request, the loan amount is being reduced from the $500,000 originally shown on the Application for Federal Assistance SF

82 OMS Number Expiration Dale: 03/31/2012 Application for Federal Assistance SF Type or Submission: I I- 2. Type 01 ApplkialIon: I D Preapplication I:!J New Application o Continuation o Changed/Corrected Application o ReVllion II RCM$Ion. select appropriate lellel(i): I Oll1er (Spealy) I I I I 1 3. OBle Received: ComlHttd bj Granb gov upon,~siot\, I sa. Federal Entity Identifier. I 4. Appllc:anlldentifier: 5b, Federal Award Identifier: II I I State Use Only: 6. Dale Recaived by Slale: I II 7. Stale Appllc:aUon Identifier: I SAl NOT APPLICABLE I 8. APPUCANT INFORMATION: a, Legal Name: ;:-,., I Alta Family.Health Clinic; Inc~' b, EmployerfTalCpayer Identification Number (EINfTIN): ,' '.'... :.," >.:::.; :' ~.", : c. OrganiZational DUNS: " 'I 1:9633'~623~oci()'o'. I......:.... ' ',.. I d. Address: SlIOet I: S11ee12: City: CountylParish: Slate: PlllWIce Country: Zip I Postal Code: 188S North AHa Avenue;. DinUba,..t::A: 9:3:618: I \ Dinuba, CA ITulare ICA: California I '.' I.... USA: UNITED STATES I I ,:. :.:;~'}..:;. ',' ' I "... ::;. 'I,:...,:.,,, " ". ". I I I I e. Organlzallonal Unit: I Department Name: Division Name: II f. Name and contact Information of person to be contacted on matters Inyolving till. application: I Prefix. I Mr. Middle Name: IVincent Last Name: IManzanedo. Suffix: Tille, I IAssociate Executive Organizational AlIIllatJon: I Employee.. I I Director TelephOne Number: I (559) 595~i045.,: I robmanzanedo@hotma11.com First Name:," I Robert I,.,!;;., ','..,'."~:.] Fax Number: ';..,,..., ''';.. 'N',,:,~; I I (559) ':'...- I I I I I 78

83 .~. Application for Federal Assistance SF Type of Applicant I Sfllect Applicant TVpe: 1M: Nonprofit with SOlC3 IRS Status (Other than'institution of :Higher Educ.). I Type of Applicant 2 Select Applicant Type: I Type of Applicant 3- Select Applicant Type: I I Other (specify): I I 10. Name of Federal Agency: I IUSDA : I I 11. Catalog of Federal Domntlc AMbtance Number: CFOA TiUe: I I I 12. Funding Opportunity Number: TiUe: ~.,"..,.'... ','. :.'V."..," :.."'..<....'.... :.;:~':::.:,..... ;...'".... '..,'".:",.,... :. '~', ",",'. '.~'. I...'..'.'. '. I 13, Competltlon Identification Number: T,U I I '.':. I I I 14. Areas Affected by Project (Cities, Countlel, SllItes, etc.): I [ I I~ Atjacl\lne~ II DoIete Allachmentll II View.Attachments I 15. Descriptive ntle of Appllcent's Projec;t: Alta Family Health Clinic,.Inc. EMR/PracticeManag~entPrqje t.,. '.... ~.'... : t. '.' ',:.. :. '.. " Attach supporting documents as specified In agency Instruclions. IAdd Attechmenls IIDelete AtlaChrTNintli II:::". VIQlVAtlSchmilnts,. '. '" ',', : "...: " " I 79

84 Application for Federal Assistance SF Congressional Districts Of: 'a. Applicant ICA-2l 'b. ProgramlProJect ICA";21q I Attacl1 an addilionallisl of Program/Project Congressional Districts if needed...'~.:'... ; "'.~~;;....:M.<M '::"'.'~-:,::,.'. :.'. :.I 1:.~~';' ~;';:KiL ;J.,,:.' 1 \.. İ """ "''''-''"''''U'~.. uaa... AlIlIQJfl1IlI...;±'M~:Attact,inents 17. Proposed Pr\lJect:, 51 rtdate l.,.,.. ""'i.. ",.. "~""'. ~,,;;.,;;:::::l-~~~1 'b. End Dale: _ a. a :""O~-'P""':'~~l ~ ==--' 18. estimated Funding IS): a. Federel 1";':-:S5aO~Ooo':;dhA b. Applicant!. :"/:.':::;: "1 c.slate I,. :~;:i: I 'd. Local 1.' :.,.;:.::.~:q e. Other....'..:q 1, f. Program Income I...::' "'::.:":,,., 'g. TOTAL I </$S60,ooo.~ool, Application Subject to R8Y~ By~:U~,EX#utiV' ();d"#~ii:~f:< :1 o a. This application was made available 10 the Stale under Iho Executive Order Process for review on,'- o b. Program is subject 10 E.O but has not been selected by the Slale for review. o c. Program is nol covered by E.O Is the Applicant Delinquent On Ariy~",i:Pe~ (~"'(is"~pri:lv,~: ~J,,~;;...'. ':', DYes 0 No -ll. If "Yes. provide explanation and attach. 21. 'By Signing thlli application,. certify (1) to the statements contained In the list of certlflcatlons- and 12) that the litallllllenta herein are true, complete and accurato to the best of my knowledge. I also provldd the required asliurances - and agree to comply with any resulting lenns If Ilccept In award. I am aware that any false, ftctluous, or fraudulent statamenls or claims may subject me to criminal, civil, or admlnlstratlvd penaltles.iu.s. CodD, TItle 218, Section 1001) o -IAGREE.. The list of certifications and assurances, or an Internet s~e where you may obtain thls list. Is contained in the announcement or agency specific InSlrudJons. Authorized Representative: preftlc IDr. First Name: 'Telephone Number: 1(559)'595~io.405i. :, " "!:.,:;.,"..:,:,,:.,;;' :P'j Fax Number: I (559) Signature of Authorized Representative:' completed Oy GfanlS.goV upon submission. I Date Signed: completed by GranlS.gov upon submlr.slon. 80

85 r:orm RD U.S. Department of Agriculture FORM APPROVE!) (Rev ) Rural Development OMB No APPLICANT'S FEASIBILITY REPORT 1. Existing Facility. Brielly describe what facilities you currently have or how service is currently provided. Alta Family Health Clinic, Inc. (AFHC) is a private, non-profit health center that was certified as a Federally Qualified Health Center (FQHC) Look-Alike in 1995 to provide comprehensive medical and dental care services to the rural underserved population of northern Tulare County. AFHC provides a full range of primary, specialty and ancillary services, including family practice, pediatrics, OB/GYM, dental, and podiatric services. In addition. AFHC's patients have been served by a state-of-the-art telemedicine program since Proposed Facility. Describe what you want to purchase or construct. Indicate what the facility will be used I(lr. approximate sizl:. and expected method of procurement. For buildings indicate location. basic materials or type ofconstruction. and attach a sketch or working drawings. For items ormajor equipment. indicate new or used. existing or custom-built. and any special reatures. AFHC purchased an Electronic Medical Records (EMR) and Practice Management system to replace its current paper-based system last year. The EMR system chosen by AFHC is th~ MicroMD (Version 7.5) EMR system sold by Henry Schein Corporation. AFHC has also enlisted the services of a Fresno-based company, Innovative IT, to oversee the installation, staff training and and implementation services pertaining to this system, as well as to obtain additional new software and hardware components. A large percentage of the software and hardware components have already been purchased, and AFHC would like to use funds from the USDA HIT & EHR community Facilities Loan Program to payoff the any remaining balances on these purchases and to help with purchasing the remaining system components and fees related to final implementation of the system. 3. Need ror the Facility. Indicate why the proposed facility is needed. AFHC recognized the need to replace its paper-based medical records system in order to increase its efficiency and to enhance patient care, as well as to comply with government directives to do so. -I. Service Area. Indicate what area the proposed facility will serve and. if known. the population or number of families served. AFHC is located in Northern Tulare County, and it serves the communities of Dinuba, Reedley, Orange Cove, and Cutler and Orosi. AFHC is located in a Health Professional Shortage Area (HPSA) for Primary Medical Care. Dental. and Mental Health. Parts of its service area have been designated as Medically Underserved Populations and Medically Underserved Areas. According to AFHC's 2011 OSHPF Report, it served 9,332 patients. /",MI~,,'/MIII/I'lo: /'I',r,'nl fill' /1"1 ~1I11~'L//l1II ul 1II/IIrlll~"IIIf' 1\ ~ "wljlh..llod\'rn'.a:l.f '''114'',~...r n."llolll4'. ;,,,.:11../"'10: 1/1, I""" lot 1'...,.,,'14 tnt. 1I1"rl/LIIUII.\ 1t llrd1jn~,,.\i."/i",.:jl/lll111111"1.". J."'""'''''Jo: '/II,/IIfd/II/,rlll/'tlo: 111.'.'11/,. Iln',h'.' 1Ill,I'OlU/lh'IIIIJ,: lindn'\","\l lif):,ii,' ~"IJI'L"""I "/",(,,rllk,(wii.'\c'nj,'fmiijiti'",1 r"}.'lml/l'k,jm /lllrj.. ",'f/jftll)h' II',III)',1111,'1' Wp<L/lJ{lhu,;u'''','''011 u(ii!!tin,uu"".. liu:hjln~.111),):',llitlll\ (.'T rrd"l'm,:,tllll /'I"rJ,'II, ti," S '1,.'/!I,lrllIIl'llI "',"~"'II'/j"llrl' (''''jrtrlnu' "1I'~ L r. (1I1t\l.off; NII.\- if,)11 Jl'lh/""J.:/fIIl. IJ ('!1I]ju i/.,.i ""h", (JJfi,T' M"nd).ZI'nll:111 ",td HIIJ.a:c" /'''/),,:n,...,,1. H"V'''''fKl /'riij~'l' (C1MH No (J.~ 7j.OUfl) 1I"II1/I1n.\:"", IJ C..'IIJil.! J'f~d'~ m',\"'1'riti'rn fhit filrm ta tall.rmfn\. F",wflrJ tlllh~ 1rlC'I1111SIM,1fJu ''''')'. Position 8 Form RD (Rev ) 81

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91 Tulare County Association of Governments AGENDA ITEM VII-E January 22, 2013 Prepared by Roberto Brady, TCAG Staff SUBJECT: Action: Adoption of Resolution: Sustainable Communities Strategy (SCS) RTP Roundtable Appointments BACKGROUND: TCAG periodically updates the Regional Transportation Plan (RTP) as required by State and Federal regulations. The RTP is the highest level and most comprehensive planning document prepared by TCAG. The RTP update process has always represented a major work effort. Because of new statutory requirements, and since the region has continued to grow and become more diverse, the current update getting underway is of unprecedented complexity. Foremost among the new requirements is the incorporation of a Sustainable Communities Strategy (SCS) as called for by the Sustainable Communities and Climate Protection Act of 2008 (SB 375). The SCS is a regional land use plan. It is a forecast of the character and distribution of land use in the region to the horizon of the planning period. In the case of this RTP update, the horizon year is While land use authority remains with the individual cities and counties, the intent of SB 375 by including an SCS in an RTP, which must be internally consistent, is to better align transportation, housing and land use plans region-wide. The current RTP, adopted in 2011, was not yet required to include an SCS. The current update is targeted to be complete and adopted by the end of (Although it will be referred to as the 2014 RTP). In October the TCAG Board approved guidelines for, and initiated the formation of the RTP Roundtable. The Guidelines state that applications for positions on the RTP Roundtable are subject to approval by the Board. Since at the time of writing of this agenda item no applications have been received for a number of positions on the RTP Roundtable, the Board will likely be asked to take action on additional applications at future meetings. The Guidelines do not provide for a term of appointment since the Board is likely to dissolve the RTP Roundtable in its current form after the adoption of the 2014 RTP Update. In November, as part of TCAG s strategy for stakeholder participation in development of the 2014 RTP, a Public Participation Plan (PPP) for the SCS was adopted. One of the provisions of the SCS PPP for stakeholder outreach is the establishment of this RTP Roundtable. The SCS PPP indicates that its provisions do not change or supersede those of the PPP for the overall RTP adopted by TCAG in 2009 but should be seen as complementary to them. The purpose of the RTP Roundtable is to support TCAG in development and preparation of the 2014 Regional Transportation Plan and Sustainable Communities Strategy. It is vital to the success of the process that the RTP Roundtable help to generate consensus about the RTP that is based on the input of an informed and active local constituency. While the RTP Roundtable will provide comments and input on issues related to development of the 2014 RTP/SCS, the final decisions on the RTP will be the responsibility of the TCAG Board of Governors. 87

92 DISCUSSION: The Board approved thirteen appointments at its December meeting and provided for the consideration of additional applications at future meetings, as a consent matter, until all the designated positions are filled or the mission of the RTP Roundtable is substantially accomplished. The approved appointments and pending additional appointments for consideration (as of the publishing of this agenda item) are listed in the table below. The pending appointments for consideration are show in italics. Positions County of Tulare Dinuba Exeter Farmersville Lindsay Porterville Tulare Visalia Woodlake LAFCo Public Transportation Agriculture Environmental Advocate Bicycle/Pedestrian advocate Health Advocate Goods Movement Disabled Access/ADA SJV Air District Caltrans, District 6 Tribal Governments Building/Development Environmental Justice Community Banking, finance or real estate Affordable Housing Advocate Broad-based business or economic development organizations At-Large 1 At-Large 2 Hector Guerra Dan Meinert Ted Macaulay Bill Zigler Brad Dunlap Mike Whitlock Josh McDonnell Julie Allen Richard Tree Josh Miller Chris Moi Enoch Sears Ron Faulkner Adam Johnson Tom Jordan Lorena Mendibles Name Additional recruitment to fill the still vacant positions will be undertaken. The target date for the first meeting of the RTP Roundtable is January 16, Applications have been received from the individuals listed above, and/or in the case of TCAG member agencies or other public agencies, communications have been received from those agencies naming those individuals to their positions. The candidates appear prepared and qualified to make an important contribution to the development of the SCS/RTP. Ted Macaulay is the mayor of Exeter. Chris Moi is on the staff of the Sequoia Riverlands Trust, based in Visalia. Adam Johnson is on the city of Visalia's Disability Advocacy Committee. 88

93 RECOMMENDATION: Approve the candidates to the positions listed above. ALTERNATIVES: Approve as modified, do not approve, or defer the matter for additional review and discussion. FISCAL IMPACT: Administration of the RTP Roundtable will be charged to the Regional Transportation Plan budget, Work Element for the 2012/13 fiscal year. These types of costs were anticipated and should not, in themselves, necessitate a budget adjustment. ATTACHMENT: 1. Resolution: Sustainable Communities Strategy (SCS) RTP Roundtable Appointments Work Element: Regional Transportation Plan 89

94 BEFORE THE TULARE COUNTY ASSOCIATION OF GOVERNMENTS COUNTY OF TULARE, STATE OF CALIFORNIA In the matter of: APPROVING THE SUSTAINABLE ) COMMUNITIES STRATEGY (SCS) ) Resolution No. [ ] RTP ROUNDTABLE APPOINTMENTS ) WHEREAS, Senate Bill 375, passed in 2008, requires California Metropolitan Planning Organizations (MPOs) to prepare a Sustainable Communities Strategy as part of their Regional Transportation Plans; and WHEREAS, TCAG is the designated MPO for the Tulare County region; and WHEREAS, Senate Bill 375 requires the development of a Public Participation Plan, of which specific parameters and outreach processes must be implemented. Said Plan for the SCS was adopted by TCAG in November of The Plan calls for the establishment of the RTP Roundtable, and WHEREAS, TCAG adopted Guidelines for the RTP Roundtable. These Guidelines state that the Board will approve (or disapprove) appointments to the RTP Roundtable after receiving staff recommendation on individual applications; and WHEREAS, on December 10, 2012, the Board approved thirteen applications and provided for the consideration of future applications, as a consent matter, until such time as all of the designated positions are filled or the mission of the RTP Roundtable is substantially completed; and NOW, THEREFORE, BE IT RESOLVED by the Tulare County Association of Governments that the following additional nominations are approved to serve on the TCAG RTP Roundtable: City of Exeter Ted Macaulay Environmental Advocate Chris Moi Disabled Access/ADA Adam Johnson 90

95 The foregoing Resolution was adopted upon motion of Member, seconded by Member, at a regular meeting held on the 22nd day of January, 2013, by the following vote: AYES: NOES: ABSTAIN: ABSENT: TULARE COUNTY ASSOCIATION OF GOVERNMENTS J. Steven Worthley Chair, TCAG Ted Smalley Executive Director, TCAG 91

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97 Tulare County Association of Governments AGENDA ITEM VIII-B January 22, 2013 Prepared by Elizabeth Wright, TCAG Staff SUBJECT: Information: Regional Transportation Plan (RTP) Update BACKGROUND: The Regional Transportation Plan (RTP) is a 20-year planning document that TCAG updates at least once every four years. The 2014 RTP will outline transportation improvements and other related planning elements through the year Planned transportation improvements must be financially constrained, based on funding estimates, and performance measures should be defined. Elements of the RTP include: the Executive Summary, Policy Element, Action Element, Financial Element, Sustainable Communities Strategy, including the Regional Housing Needs Assessment, and a Valleywide Chapter. There are also several associated documents and plans required such as Air Quality Conformity, the Transit Coordinated Plan, Regional Bicycle Plan, and Environmental Impact Report (EIR). The Federal Transportation Improvement Program (FTIP) is a four-year programming document that outlines which projects will be funded and specific funding sources; this Program will also be updated during the RTP development process. DISCUSSION: As discussed in the December 2012 transportation workshop and the Background section above, the 2014 RTP update will be a coordinated effort of many staff and the will include the development of several major plans, some new and to be completed for the first time, in Below is a highlight of some current tasks and plan statuses; more detailed updates on the project as a whole and the individual plans and programs will be provided throughout the year. Environmental Impact Report (EIR): the Notice of Preparation for the EIR is currently being prepared. The notice will outline the project (the RTP update) and solicit public comment on what should be covered in the environmental document. Workshops locations and dates are not yet finalized. Regional Housing Needs Assessment (RHNA): a consultant has been selected for the preparation of this plan. The first step of RHNA development includes consultation with the California Department of Housing and Community Development (HCD). HCD will provide TCAG with the number of units required to plan for in the county over approximately the next eight years, including specifics on what the need for housing is at various income levels throughout the county. This consultation should take place by March Sustainable Communities Strategy (SCS): the first meeting of the RTP Roundtable is set in January (see agenda item on SCS update). The Roundtable will be a key committee in proposing the land use plan that will be included in the 2014 RTP. 93

98 ATTACHMENTS: None Work Element: Regional Transportation Plan 94

99 Tulare County Association of Governments AGENDA ITEM VIII-C January 22, 2013 Prepared by Roberto Brady, TCAG Staff SUBJECT: Information: Sustainable Communities Strategy (SCS) Update BACKGROUND: Senate Bill 375 was approved in This bill requires Metropolitan Planning Organizations (MPOs) to prepare an SCS in conjunction with the periodic update of a Regional Transportation Plan (RTP). TCAG s next RTP update is underway and is scheduled for public review in the summer of 2013 and final adoption in October, The SCS is a regional land use plan. Within the parameters of local general plans, fiscally constrained transportation improvements, and internal consistency with other elements of the RTP, the SCS is to be designed to achieve greenhouse gas reduction targets set by the California Air Resources Board (ARB) for automobile and light duty truck emissions. The approved targets for the San Joaquin Valley are a 5% per capita reduction in 2020 and a 10% per capita reduction in 2035, both from 2005 levels. DISCUSSION: As part of public outreach for the RTP Update/ SCS effort, TCAG has formed an RTP Roundtable. The purpose of the RTP Roundtable is to support TCAG in development and preparation of the 2014 Regional Transportation Plan and Sustainable Communities Strategy. Much of the RTP Roundtable s work will center around assisting staff with developing and evaluating alternative land use forecasts for the SCS. This is, in a sense, a continuation of the Regional Blueprint planning effort. As of the publishing of this agenda item, thirteen of the twenty-seven positions designated for the Roundtable had been appointed and three more were pending. Additional applications will be accepted until all open positions are filled. The RTP Roundtable will hold its first meeting on January 16, 2013 from 2-4 PM at the Tulare County Administration Building, 2800 W. Burrel Avenue, Visalia, Conference Rooms A&B. The agenda is expected to include the choosing of a chairperson, discussion of essential issues in growth forecasting and the overall schedule for future meetings. ATTACHMENTS: None Work Element: Regional Transportation Plan 95

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101 Tulare County Association of Governments AGENDA ITEM VIII-D January 22, 2013 Prepared by Christine Chavez, TCAG Staff SUBJECT: Action: Adoption of Resolution: Approve/Execute San Joaquin Joint Exercise of Powers Agreement (JEPA) and Appoint a Board Member and an Alternate to the San Joaquin Joint Powers Authority. BACKGROUND: In the fall of 2011, acknowledging the success of the Capital Corridor, the Los Angeles-San Diego- San Luis Obispo Rail Corridor Agency Joint Powers Board (LOSSAN Board) approved in concept a framework for a potential local authority to manage the Pacific Surfliner statesupported intercity passenger rail service and is in the process of drafting legislation using SB 457 (the Senate provision to seek regional authority over the Capitol Corridor). The Central Valley Rail Working Group staff discussed the LOSSAN Board s efforts towards regional governance and anticipated that this might be something to discuss with other agencies along the San Joaquin corridor to explore the concept of setting up a regional JPA and supporting legislation to enable regional governance of the San Joaquin service. The idea of a Regional Governance Initiative was presented to the TCAG Board in February 2012 and TCAG provided a letter of support for the initiative in April of Since 1976, California has invested over $1.8 billion dollars in capital improvements and operating support for intercity rail passenger service. Local Agencies have a continuing interest in the provision of cost-effective intercity rail passenger services and have a responsibility to coordinate intercity rail passenger service statewide. The Intercity Passenger Rail Act of 2012 (AB 1779), authored by Assembly member Cathleen Galgiani with Bi-Partisan support, was passed by the Legislature on August 30, 2012 and signed by the Governor on September 29, AB 1779 reauthorizes regional government agencies ability to form the San Joaquin Joint Powers Authority (SJJPA) to take over the governance/management of the existing San Joaquin intercity passenger rail service between Bakersfield-Fresno-Modesto-Stockton-Sacramento- Oakland. DISCUSSION: AB 1779 defines the composition of the SJJPA, and extends the time for creating the SJJPA and executing an interagency transfer agreement with the Department of Transportation to June 30, In order to transfer responsibility of the San Joaquin intercity passenger rail service to the SJJPA, AB 1779 requires that the transfer must result in administrative or operating cost reductions. With this measure, the SJJPA is required to protect existing services and facilities and seek to expand service as warranted by ridership and available revenue. Increases in the San Joaquin intercity rail service and ridership will result in more jobs, improved air quality, and will help promote sustainable development in the San Joaquin Valley. Under the provisions of AB 1779, the state will continue to provide the funding necessary for service operations, 97

102 administration and marketing. Furthermore, Caltrans Division of Rail would remain responsible for the development of the Statewide Rail Plan and the coordination and integration between the three state-supported intercity passenger rail services (LOSSAN Corridor, Capital Corridor, and the San Joaquin Corridor). The next step towards regional governance of the San Joaquin rail service is the formation of the SJJPA. It is hoped that this can be accomplished in early The board shall be composed of not more than eleven members, as follows: One member of the board of directors of the Sacramento Regional Transit District, appointed by that board. One member of the board of directors of the San Joaquin Regional Rail Commission, appointed by that board, who shall be a resident of San Joaquin County. One member of the board of directors of the Stanislaus Council of Governments, appointed by that board. One member of the board of directors of the Merced Council of Governments, appointed by that board. One member of the board of directors of the Madera County Transportation Commission, appointed by that board. One member of the board of directors of the Fresno Council of Governments, appointed by that board. One member of the board of directors of the Kings County Association of Governments, appointed by that board. One member of the board of directors of the Tulare County Association of Governments, appointed by that board. One member of the board of directors of the Kern Council of Governments, appointed by that board. One member of the board of directors of a regional transportation agency or rail transit operator that serves Contra Costa County, appointed by the Contra Costa Transportation Authority, who shall be a resident of the county. One member of a regional transportation agency or rail transit operator that serves Alameda County, appointed by the Board of Supervisors, who shall be a resident of the county. The SJJPA can be formed once six of the eleven potential Member Agencies sign the San Joaquin JEPA and appoint members (a board member and an alternate) to the board. Alternates shall have the same qualifications as their respective board member. Each signatory Member Agency to the San Joaquin JEPA shall have appointed its members to the SJJPA Board prior to and as a condition of its executing the San Joaquin JEPA. The San Joaquin JEPA is included as an attachment to this item. If the TCAG Board votes to join this JEPA, it does not require TCAG to amend its JPA as this is statutorily allowed (Government Code ). Once the SJJPA has been established, the SJJPA Board will establish criteria and select a Managing Agency of the SJJPA that shall provide all the necessary administrative support to the SJJPA. The Managing Agency will be responsible for developing the SJJPA s Business Plans and will negotiate the interagency transfer agreement with the Department of Transportation. 98

103 In April of 2012 TCAG provided support for AB The San Joaquin JEPA has been reviewed by TCAG s legal counsel which found the document to be sufficient. TCAG Staff reviewed and participated in the development of this JEPA. RECOMMENDATIONS: 1. Approve to act upon the Intercity Passenger Rail Act of 2012 legislation to form the San Joaquin Joint Powers Authority by approving TCAG to join the San Joaquin Joint Powers Authority and provide authority for the TCAG Chairman and Executive Director to execute the Joint Exercise of Powers Agreement. 2. Appoint a member of the governing board of TCAG to be a Board Member of the SJJPA and another member of the Board to be an Alternate for the SJJPA Board. ALTERNATIVES: Do not approve or delay until a later TCAG Board meeting. FISCAL IMPACT: No funding, debt or financial obligation is created against TCAG solely as a consequence of executing the San Joaquin JEPA and no funding, debt or financial obligation approved by the SJJPA Board and/or incurred by the SJJPA shall be binding against the Tulare County Association of Governments unless and until specifically ratified by the TCAG Board. ATTACHMENTS: 1. Resolution: Approving the TCAG Board of Governors to approve/execute the San Joaquin Joint Exercise of Powers Agreement (JEPA) 2. San Joaquin Joint Exercise of Powers Agreement 3. AB 1779 fact sheet Work Element: Other Modes - Rail Planning 99

104 BEFORE THE TULARE COUNTY ASSOCIATION OF GOVERNMENTS COUNTY OF TULARE, STATE OF CALIFORNIA In the matter of: APPROVING AND EXECUTING THE ) SAN JOAQUIN JOINT EXERCISE OF ) Resolution No. [ ] POWERS AGREEMENT AND ) APPOINTING A BOARD MEMBER AND ) ALTERNATE TO THE SAN JOAQUIN ) JOINT POWERS AUTHORITY ) WHEREAS, Intercity Passenger Rail Act of 2012 (Assembly Bill 1779), passed in 2012, enables the transfer of administrative responsibility of the San Joaquin intercity passenger rail service from the Department of Transportation to a new joint powers authority; and WHEREAS, Tulare County Association of Governments (TCAG) is specifically listed as a potential member agency to the San Joaquin Joint Powers Authority for the Tulare County region; and WHEREAS, TCAG will join this Joint Powers Authority pursuant to the statute language in AB 1779 as codified in Government Code ; and WHEREAS the TCAG Board appoints as the Member to represent Tulare County Association of Governments; and WHEREAS the TCAG Board appoints as the Alternate Member to represent Tulare County Association of Governments. 100

105 NOW, THEREFORE, BE IT RESOLVED that the Tulare County Association of Governments approves joining the San Joaquin Joint Powers Authority and grants authority to the TCAG Chairman and the TCAG Executive Director to execute the attached version of the Joint Exercise of Powers Agreement. NOW, THEREFORE, BE IT FURTHER RESOLVED that be appointed as the member to the San Joaquin Joint Powers Authority and be appointed as the alternate. The foregoing Resolution was adopted upon motion of Member, seconded by Member, at a regular meeting held on the 22 nd day of January, 2013, by the following vote: AYES: NOES: ABSTAIN: ABSENT: TULARE COUNTY ASSOCIATION OF GOVERNMENTS J. Steven Worthley Chair, TCAG Ted Smalley Executive Director, TCAG 2 101

106 JOINT EXERCISE OF POWERS AGREEMENT (JEPA) ESTABLISHING THE SAN JOAQUIN JOINT POWERS AUTHORITY NOVEMBER 19, 2012 INTRODUCTION This Agreement is made and entered into in the State of California by and among the following public agencies that are parties to this Agreement: a) Sacramento Regional Transit District (Sac RT) b) San Joaquin Regional Rail Commission (SJRRC) c) Stanislaus Council of Governments (StanCOG) d) Merced County Association of Governments (Merced CAG) e) Madera County Transportation Commission (Madera CTC) f) Fresno Council of Governments (Fresno COG) g) Kings County Association of Governments (Kings CAG) h) Tulare County Association of Governments (Tulare CAG) i) Kern Council of Governments (Kern COG) j) Contra Costa Transportation Authority (Contra Costa TA) k) Alameda County RECITALS WHEREAS, intercity passenger rail service is environmentally friendly, and the state has a continuing interest in the provision of cost-effective and efficiently administered intercity passenger rail services; and WHEREAS, with more efficient administration, stronger local and regional support, and the ability to better partner with local agencies, a regionally managed San Joaquin intercity passenger rail service will result in improved service that will attract greater ridership creating jobs, improving air quality, and promoting sustainable development. Local decisionmaking will also be more responsive and better adapted to passenger issues; and WHEREAS, it is in the best interests of the Member Agencies to combine their efforts to protect the existing San Joaquin Rail Corridor services and facilities while seeking to expand service as warranted by ridership and available revenue; and San Joaquin Joint Powers Authority JEPA, last updated November 19,

107 WHEREAS, as provided by the Intercity Passenger Rail Act of 2012 and other provisions, the Member Agencies possess collectively, the powers, among others, to plan, budget, apply for grants, hire consultants and staff, exercise eminent domain, own, maintain, lease, contract for, and operate railroad services and facilities for the purpose of transporting passengers within and outside their respective boundaries; and WHEREAS, the Intercity Passenger Rail Act of 2012 providing for, among other things, the San Joaquin Joint Powers Authority (SJJPA) which, if certain requirements are met, principally the execution of an interagency transfer agreement by December 31, 2014 with the State of California, will manage the San Joaquin Rail Service; and WHEREAS, it is the intention of the Member Agencies to negotiate for, and to enter into an interagency transfer agreement by December 31, 2014; and WHEREAS, the SJJPA will bring a more focused relationship with the host freight railroads, provide more aggressive advocacy efforts, and afford a governance structure that is more accessible to the public that is served and to the service contractors; and WHEREAS, the Member Agencies recognize the importance of working in partnership with Caltrans on policy, programming and statewide consistency objectives where the state brings its greatest strengths; and WHEREAS, the State will maintain funding in an amount to support at least the level of service in the San Joaquin Rail Corridor at the time of the transfer for not less than a three-year period following the transfer of administrative responsibility for the San Joaquin Rail Service to the SJJPA. After that three-year period, it is understood that the State will continue to be responsible for funding of the operating, administrative, and marketing needs of the San Joaquin Rail Service and its feeder bus services; and WHEREAS, each Member Agency is authorized to contract with each other for the joint exercise of any common power under Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code; and WHEREAS, the level of service funded by the State shall in no event be less than the current number of intercity round trips currently operated in the San Joaquin Rail Corridor, and shall also include feeder bus service with substantially the same number of route miles as the current feeder system. NOW THEREFORE, in consideration of the recitals, the parties to this Agreement agree to the following: San Joaquin Joint Powers Authority JEPA, last updated November 19,

108 1.0 DEFINITIONS 1.1 Board means the governing body of the SJJPA, which shall assume administrative responsibility for the San Joaquin Rail Service. Each Member Agency will appoint one member as provided in Section (a) of California Government Code. Each Member Agency shall also appoint an alternate. 1.2 Business Plan means the business plan to be submitted by the SJJPA to the Secretary of the Business, Transportation and Housing Agency, as mandated by Section of the Government Code, and updated and submitted annually thereafter. 1.3 California State Rail Plan means the plan that 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 of the Government Code. 1.4 Executive Director means the director of SJJPA who shall be an employee of the Managing Agency. The Executive Director reports to and serves at the pleasure of the Board. 1.5 Fiscal Year means from July 1 to and including the following June Interagency Transfer Agreement means the agreement provided for in Section (a) of the Government Code whereby the State of California will transfer all responsibility for administering the San Joaquin Rail Service to the SJJPA. 1.7 Managing Agency means the agency designated to provide all necessary administrative support to the SJJPA and shall be selected by the Board, consistent with the SJJPA s criteria for selection of a Managing Agency. 1.8 Member Agencies means the Sacramento Regional Transit District (Sac RT), the San Joaquin Regional Rail Commission (SJRRC), the Stanislaus Council of Governments (StanCOG), the Merced County Association of Governments (Merced CAG), the Madera County Transportation Commission (Madera CTC), the Fresno Council of Governments (Fresno COG), the Kings County Association of Governments (Kings CAG), the Tulare County Association of Governments (Tulare CAG), the Kern Council of Governments (Kern COG), the Contra Costa Transportation Authority (Contra Costa TA), and a transportation agency within Alameda County that have executed this Agreement and that have not withdrawn from the SJJPA. 1.9 Member Agency means each of those governmental entities set forth in Section 1.8 to this Agreement that have executed this Agreement and that have not withdrawn from the SJJPA. San Joaquin Joint Powers Authority JEPA, last updated November 19,

109 1.10 Regional Transportation Planning Agency means an entity authorized to prepare a regional transportation plan pursuant to Government Code Section San Joaquin Rail Corridor means the Los Angeles-San Joaquin Valley- Sacramento-Oakland intercity passenger rail corridor San Joaquin Rail Service means the San Joaquin intercity passenger rail service that operates on the San Joaquin Rail Corridor, and is a 365 mile long intercity rail service, that stretches throughout the Central Valley from Bakersfield to Sacramento, and provides direct rail connection between the Central Valley and Oakland, and utilizes a comprehensive network of connecting buses SJJPA means the San Joaquin Joint Powers Authority formed by the Member Agencies pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code. 2.0 CREATION OF SJJPA There is hereby created an organization to be known as the San Joaquin Joint Powers Authority, hereafter SJJPA, which shall be a public entity separate and apart from any Member Agency. The SJJPA shall be governed by the terms of this Joint Exercise of Powers Agreement and any Bylaws passed and adopted by its Board, which do not conflict with this Agreement. The SJJPA is deemed to be organized when at least six of the potential Member Agencies approve this Joint Exercise of Powers Agreement and elect to appoint Board Members and Alternates to serve on the Board by December 31, PURPOSES The specific purposes for the creation of the SJJPA and the exercise of common powers are as follows: 3.1 Develop policy, plan and implement improvements, administer and manage the operations and marketing for the San Joaquin Rail Service as part of the California Passenger Rail System. 3.2 To work with state and federal agencies to plan, program, and secure funding for improvements for intercity rail passenger services and facilities in the San Joaquin Rail Corridor, including the acquisition or leasing or use by agreement of right-of-way, stations and station sites; the leasing or acquisition of or use by agreement of equipment; and related activities. 3.3 Negotiate for and accept funds to be expended for the purpose of providing and improving intercity rail passenger services and activities. San Joaquin Joint Powers Authority JEPA, last updated November 19,

110 3.4 Review and comment on facility, service, and operational plans and programs of the agency or agencies planning potential commuter rail service in the San Joaquin Rail Corridor. 3.5 Coordinate facility, service, and operational plans and programs with other organizations, providing rail service in the San Joaquin Rail Corridor or with whom the SJJPA may share common facilities, including Caltrain, Capitol Corridor, the BNSF Railway and Union Pacific or their successor agencies or corporations. 3.6 Advocate before local, regional, state, and federal officials and agencies for improvements to services and facilities for the San Joaquin Rail Corridor. 4.0 POWERS OF THE SJJPA As may be necessary for the accomplishment of the purposes of this Agreement, the SJJPA 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 Member Agencies and necessary to the accomplishment of the purposes of this Agreement. Powers common to each of the Member Agencies shall include any powers granted to all Member Agencies by legislative enactment prior to or subsequent to the date 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 SJJPA including the retention of counsel as the Board deems appropriate. 4.5 To acquire, by lease, purchase, lease-purchase, or eminent domain, 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 including, but not limited to certificates of participation and revenue bonds. The debts, liabilities, and obligations of the SJJPA shall not constitute a debt, liability, or obligation of any of the Member Agencies that are parties to this Agreement. 4.9 To apply for and execute, and administer grants for financial aid pursuant to any applicable state or federal statutes or local requirements. San Joaquin Joint Powers Authority JEPA, last updated November 19,

111 4.10 Pursuant to the requirements of California Government Code Section 6509, in exercising its powers, the SJJPA shall be subject to the statutory restrictions upon the manner of exercising the powers of its Managing Agency To develop procedures for selecting a Managing Agency and to select a Managing Agency To exercise other powers and to engage in such other activities as are authorized by law and approved by the Board All powers of the SJJPA shall be exercised by the Board. 5.0 SJJPA BOARD The composition of the membership of the Board of the SJJPA shall be as follows: 5.1 The Board is to be composed of not more than eleven members. 5.2 One Board Member from each of the eleven potential Member Agencies, appointed by their respective boards as provided in Section of California Government Code. If a Board Member ceases to be a member of the respective Board from which they are appointed, the Board Member s office on the Board will terminate. 5.3 Each signatory Member Agency to this Agreement shall have appointed its members to the Board prior to and as a condition of its executing this Agreement. Members so appointed shall serve at the pleasure of their respective appointing boards. 5.4 Each Board Member shall have one vote. 5.5 Each Member Agency shall appoint an Alternate to serve in the absence of the Board Member. Alternates may attend all Board meetings including closed sessions and participate in discussion but may only vote if the Board Member representing their respective jurisdiction is absent. Alternates shall have the same qualifications as their respective Board Member. If an Alternate ceases to be a member of the respective Board from which they are appointed, the Alternate s office on the Board will terminate. 5.6 If the rail service boundaries of the San Joaquin Rail Corridor are extended, an additional Board Member and an Alternate from each additional county receiving rail service may be added to the Board by the designated potential Member Agency from each county. The addition of new potential Member Agencies must be approved by the Board. San Joaquin Joint Powers Authority JEPA, last updated November 19,

112 5.7 Once the Board is organized, those potential Member Agencies identified in Section 1.8 that have not yet appointed a Board Member and Alternate to serve on the board may do so at any time thereafter and be represented on the Board. 5.8 The Board shall elect a chairperson and at least one vice-chairperson from among its members. The term of office shall be one year. No member may serve more than two consecutive years as chairperson of the Board. 5.9 Subject to the limitations on the exercise of its powers set forth in Section 6509 of the California Government Code, all actions of the Board shall be taken in accordance with and under the provisions of this Agreement. 6.0 QUORUM A majority of the voting Member Agencies of the Board shall constitute a quorum for the transaction of business and all official acts of the SJJPA. No action may be taken by the Board except upon the affirmative vote of at least a majority of its Member Agencies. 7.0 VOTING 7.1 Matters that require a two-thirds affirmative vote of the members of the Board: a. Recommending changes to the SJJPA s enabling legislation; b. Recommending amendments to the Joint Exercise of Powers Agreement regarding addition of new members pursuant to Government Code section (c); c. Recommending amendments to the Joint Exercise of Powers Agreement regarding voting structure of the Board; d. Approval of the Business Plan; e. Revisions to the Business Plan; f. Approval and changes to the SJJPA Bylaws; g. Selection of the Managing Agency; and h. Amendments to this Joint Exercise of Powers Agreement. 7.2 All other matters require an affirmative vote of a majority of the members of the Board. 8.0 MANAGING AGENCY The Board will select a Managing Agency of the SJJPA that shall provide all necessary administrative support to the SJJPA. The Executive Director shall be an employee of the Managing Agency and serve at the pleasure of the Board. Other necessary management employees shall be provided by the Managing Agency. The Managing Agency shall solicit the input and participation of the Board and endeavor to achieve consensus while providing the following administrative support to the SJJPA: San Joaquin Joint Powers Authority JEPA, last updated November 19,

113 8.1 Negotiate and recommend the award of all necessary agreements for the SJJPA, 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 Board; 8.2 Manage all agreements entered into by the SJJPA; 8.3 Implement projects contained in the approved Business Plan s Capital Improvement Program unless the administration of particular capital projects is more appropriately managed in another manner, for example by an individual Member Agency or a local government, as determined by the Board; 8.4 Provide for the maintenance and management of such property as may be owned or controlled by the SJJPA unless the administration of that property is more appropriately managed in another manner, such as by an individual Member Agency or a local government, as determined by the Board; 8.5 Provide a risk management program to cover the SJJPA, the Board, the Managing Agency, and each of the Member Agencies in the performance of their duties pursuant to this Agreement, and seek appropriate insurance coverage to implement the risk management program; 8.6 Seek, obtain, and administer grants, subject to the provisions of Section 9.0 below; 8.7 Develop and implement marketing programs; 8.8 Prepare and submit financial reports; 8.9 Prepare the Business Plan for approval by the Board; 8.10 Report regularly to the Board regarding San Joaquin Rail Corridor issues; 8.11 Recommend changes in fares and the collection of fares to the Board; 8.12 Recommend changes in scheduling and levels of service to the Board; 8.13 Prepare and implement changes in scheduling and fares, subject to required public involvement and Board approval; 8.14 Prepare capital and operating budgets for presentation to the Board; 8.15 Facilitate interaction with other entities involved in operation, construction and renovation of the San Joaquin Rail Service; and 8.16 Negotiate with any other public or private transportation providers as necessary to ensure coordinated service with the San Joaquin Rail Service. San Joaquin Joint Powers Authority JEPA, last updated November 19,

114 9.0 SOLICITATION OF GRANTS The Managing Agency shall pursue any and all sources of funding for the SJJPA; provided, however, that neither the Managing Agency, on behalf of the SJJPA, nor the Board shall apply for existing sources of transit funding, including funds derived from the Transportation Development Act Funds as defined in Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the California Public Utilities Code or for any conflicting funding, for which any Member Agency is also an applicant or approving Member Agency without the express written consent of that Member Agency BUDGET AND FUNDING 10.1 The Managing Agency shall prepare and submit to the 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 Board shall by resolution adopt a final budget at the next regularly scheduled meeting of the 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 Agency administration costs, operations, and capital costs anticipated to be incurred by the SJJPA 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 the policy guidelines the Board may establish It is the goal of the SJJPA to fully fund its annual budget from State and other non-member Agency funding sources. The SJJPA shall not operate at a deficit. The SJJPA or local or regional entities may, but shall not be required to, augment state-provided resources to expand intercity passenger rail services, or to address funding shortfalls in achieving agreed-upon performance standards only if dedicated by a vote of a local agency providing funds, with the concurrence of the Board. The SJJPA may 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 are not required to offset any redirection, elimination, reduction, or reclassification of state resources for operating intercity rail services No funding, debt, or financial obligation is created against any Member Agency solely as a consequence of executing this Agreement and no funding, debt, or financial obligation approved by the Board and/or incurred by the SJJPA shall be binding against a Member Agency unless and until specifically ratified by that Member Agency's governing body ANNUAL BUDGET AND CAPITAL IMPROVEMENT PROGRAM The 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. San Joaquin Joint Powers Authority JEPA, last updated November 19,

115 The 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 LIABILITY OF SJJPA, OFFICERS AND EMPLOYEES The debts, liabilities, and obligations of the SJJPA shall not be the debts, liabilities and obligations of any of the Member Agencies, the Managing Agency, the Board or any of their respective members, officers, directors, employees, or agents. Any obligations incurred by any bonds issued by the SJJPA as set forth in Section 4.8 above shall not constitute general obligations of the SJJPA 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 Board 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 Member Agency or Board Member, officer, director or employee shall be responsible for any action taken or omitted by any other Member Agency or Board Member, officer, director or employee. The SJJPA shall indemnify, defend and hold harmless the 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 Board, a Board Member, or any individual Member Agency. The SJJPA s duty to indemnify each Member Agency shall survive that Member Agency's withdrawal from the SJJPA SERVICES BY MANAGING AGENCY Subject to the provisions of Section 8.0 above, the SJJPA 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. The initial duration of the Managing Agency contract shall not exceed five years. At the conclusion of the initial contract and subsequent Managing Agency contracts, the Board may, through procedures that it determines, select the same Managing Agency or another existing public rail transportation agency for a period that shall not exceed five years EFFECTIVE DATE OF AGREEMENT This Agreement shall take effect upon its execution by the Member Agencies pursuant to Section 2.0, and shall remain in full force and effect until dissolved pursuant to the provisions herein. San Joaquin Joint Powers Authority JEPA, last updated November 19,

116 15.0 CUSTODIAN OF PROPERTY 15.1 Pursuant to the requirements of California Government Code Section , the Managing Agency s Controller and Treasurer shall have charge of, handle, and have access to any property of the SJJPA, and shall amend the official bond with the Managing Agency to provide for coverage, in the same amount, for the duties of the Controller and the Treasurer set forth in this Agreement The Treasurer of the Managing Agency shall be the Treasurer of the SJJPA and serves at the pleasure of the Board. Subject to the applicable provisions of any indenture, trust agreement or resolution providing for a trustee or other fiscal agent, the Treasurer is designated as the depository of the SJJPA to have custody of all the money of the SJJPA, for whatever source, and, as such, shall have the powers, duties and responsibilities specified in Section of the California Government Code The Controller of the Managing Agency, who performs the functions of auditor and controller for the Managing Agency, shall be the Controller of the SJJPA, and, as such, shall have the power, duties and responsibilities specified in Sections 6500 and of the California Government Code. The Controller shall draw checks to pay demands against the SJJPA when the demands have been approved by the Board, or in accordance with any purchasing and/or procurement policies adopted by the Board Upon providing reasonable notice, any Member Agency shall have the right to review any records maintained by the Managing Agency or the Managing Agency s Controller and Treasurer relating to the performance of their duties pursuant to this Agreement RALPH M. BROWN ACT All meetings of the SJJPA shall be called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section of the California Government Code) FILING WITH SECRETARY OF STATE As required by Section of the California Government Code, an appropriate notice of this Agreement shall be filed with the Secretary of State within 30 days of its effective date BYLAWS The 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 SJJPA, subject to the terms of Section 7.1 above. San Joaquin Joint Powers Authority JEPA, last updated November 19,

117 19.0 COMMITTEES 19.1 The Steering Committee of the California Department of Transportation (Caltrans) Rail Task Force shall remain in existence and shall become the Steering Committee of the SJJPA for the purpose of advising the SJJPA. The Steering Committee will advise the SJJPA on technical issues associated with the improvements in passenger rail service and related facilities in the San Joaquin Rail 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. Members of the Board may not also concurrently serve as a member of the Steering Committee of the Caltrans Rail Task Force. Future appointments to the Steering Committee will be made by the Board The Board shall form other committees as are necessary WITHDRAWAL BY MEMBER AGENCY 20.1 Notwithstanding any other provision of this Agreement, any Member Agency may withdraw from the SJJPA by giving 90 days advance written notice to the SJJPA. Any withdrawal from the SJJPA will also constitute withdrawal from the Board A withdrawing Member Agency shall remain liable for all financial liabilities incurred during its membership in the SJJPA, but shall not be liable for any new financial liabilities incurred after submitting written notice of its withdrawal DURATION OF AGREEMENT AND TERMINATION This Agreement shall continue in full force and effect until such time as the Member Agencies determine that it is in the public interest to dissolve the SJJPA. Notwithstanding the foregoing, any of the Member Agencies may exercise its prerogative to terminate its membership in the SJJPA as set forth in Section 20.0, above. Upon termination of this Agreement by mutual consent of all the Member Agencies, all assets, liabilities and equity of the SJJPA shall be distributed in accordance with the provisions of the Interagency Transfer Agreement and any other agreements authorized by the SJJPA governing such distribution, and any remaining money or assets in possession of the SJJPA 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 NOTICE Addresses of the parties to the Agreement for the purpose of formal communications among the signatories which may be changed by written notice to the other Member Agencies. San Joaquin Joint Powers Authority JEPA, last updated November 19,

118 Sacramento Regional Transit District P.O. Box 2110 Sacramento, CA (916) San Joaquin Regional Rail Commission 949 East Channel Street Stockton, CA (209) Stanislaus Council of Governments 1111 I Street, Suite 308 Modesto CA, (209) Merced County Association of Governments 369 West 18 th Street Merced, CA (209) Madera County Transportation Commission 2001 Howard Road, Suite 201 Madera CA (559) Fresno Council of Governments 2035 Tulare Street, Suite 200 Fresno, CA (559) Kings County Association of Governments 339 West D Street, Suite B Lemoore, CA (559) Tulare County Association of Governments 210 N. Church Street, Suite B Visalia, CA (559) Kern Council of Governments th Street, Suite 300 Bakersfield, CA (661) Contra Costa Transportation Authority 2999 Oak Road, Suite San Joaquin Joint Powers Authority JEPA, last updated November 19,

119 Walnut Creek, CA (925) Alameda County 1221 Oak Street Oakland, CA (510) AUDIT The SJJPA shall provide for the accountability of all funds and shall provide for an annual independent audit pursuant to Section 6506 of the Government Code AMENDMENTS TO THE AGREEMENT This Agreement may be amended at any time by two-thirds approval of the voting Member Agencies and effectuated through a fully-executed written amendment to this Agreement ARBITRATION 25.1 In the event of a dispute between the SJJPA, the Board, the Managing Agency, one or more Member Agencies or any other agency/agencies, which cannot be satisfactorily resolved by the parties involved, the 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 parties involved, 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 Unless otherwise expressly agreed in writing 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 25.1, above CONFLICT OF INTEREST CODE The SJJPA by resolution shall adopt a conflict of interest code as required by law. San Joaquin Joint Powers Authority JEPA, last updated November 19,

120 27.0 SUCCESSOR STATUTES All statutes cited herein shall be deemed to include amendments and/or successor statutes to the cited statutes as they presently exist AGREEMENT, COMPLETE This Agreement constitutes the full and complete Agreement of the parties, superseding and incorporating all prior oral and written agreements relating to the subject matter of this Agreement 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 SEVERABILITY If any one or more of the terms, provisions, promises, covenants, or conditions of this Agreement, were to any extent, adjudged invalid, unenforceable, void, or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants, and conditions of this Agreement shall not be affected and shall be valid and enforceable to the fullest extent permitted by law. San Joaquin Joint Powers Authority JEPA, last updated November 19,

121 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by authorized officials on the dates indicated below. [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 San Joaquin Joint Powers Authority JEPA, last updated November 19,

122 AB 1779 GALGIANI (COAUTHORS ASSEMBLYMEMBERS DICKINSON, OLSEN AND PEREA) (COAUTHORS SENATORS CANNELLA, PADILLA, AND WOLK) INTERCITY PASSENGER RAIL ACT OF 2012 BACKGROUND In 1996, the Capitol Corridor Joint Powers Authority (CCJPA) was created to oversee the administration of the Capitol Corridor service under the provisions of Senate Bill 457 (Kelley, Chapter 263, Statutes of 1996). Over the last 15 years, without direct financial contribution by member agencies, the CCJPA has successfully managed the Capitol Corridor between Auburn and San Jose. Capital investments, cooperation with the Union Pacific freight railroad, and state support have allowed for dramatic increases in the frequency of service (increases of 400 percent between Sacramento and Oakland), and the Capitol Corridor intercity passenger rail service has the best on-time performance in the nation for intercity service. In addition to more cost effective administration and operations, the CCJPA has shown that there are several other potential benefits to local authority administration of intercity passenger service including: The ability to have a stronger voice in advocating for service improvements and expansions; Local decision-making that is more responsive and adaptive to passenger issues; The ability to take better advantage of joint marketing and partnerships with local agencies; and More engagement by local communities to support the service. This year, transportation planning agencies throughout the Central Valley began working together in order to set up a regional Joint Powers Authority and to support legislation that would enable regional governance of the San Joaquin intercity rail service. PURPOSE Assembly Bill 1779 will enable the transfer of administrative responsibility of the San Joaquin intercity passenger rail service from the Department of Transportation to a new joint powers authority. This bill is sponsored by the San Joaquin Valley Regional Policy Council, the Central Valley Rail Working Group, the San Joaquin Regional Rail Commission and the Sacramento Regional Transit. Following the model of the CCJPA, AB 1779 is permissive legislation which would enable regional governance/management of the existing San Joaquin intercity passenger rail service between Bakersfield- Fresno-Stockton-Sacramento-Oakland. AB 1779 defines the composition of the San Joaquin Joint Powers Authority (Authority), and extends the time for creating the Authority and executing an interagency transfer agreement with the Department of Transportation to June 30, AB 1779 ensures that for not less than a three-year period following the transfer of the service, the level of state funding for intercity rail service in each corridor shall be maintained at least to the level of service in the corridor at the time of the transfer, providing fiscal stability that will allow appropriate planning and operation of these services. In order to transfer responsibility of the San Joaquin intercity passenger rail service to the Authority, AB 1779 requires that the transfer must result in administrative or operating cost reductions. With this measure, the Authority is required to protect existing services and facilities and seek to expand service as warranted by ridership and available revenue. Under the provisions of AB 1779, the state would continue to have prominent and very important roles with the San Joaquin intercity passenger rail service, even after the administration responsibility is turned over to the Authority. The state will continue to provide the funding necessary for service operations, administration and marketing. Furthermore, Caltrans Division of Rail would remain responsible for the development of the Statewide Rail Plan; the coordination and integration between the three state-supported intercity passenger rail services; the preparation of grant applications to the federal government; and the development of state budget requests like they have been for the Capitol Corridor under the CCJPA. AB 1779 (Galgiani) Page 1 118

123 With more efficient administration and stronger local/regional support, a regionally managed San Joaquin intercity passenger rail service will result in improved service, and increases in ridership and revenue which will result in more jobs, improve air quality, and will help promote sustainable development. Intercity passenger rail is environmentally friendly, and the state has a continuing interest in the provision of cost-effective and efficiently administered intercity passenger rail services. VOTES & BILL STATUS Assembly Transportation Committee, 11-0 Assembly Local Government Committee, 7-1 Assembly Appropriations Committee, 12-5 Assembly Floor, Senate Transportation Committee, 8-0 Senate Appropriations Committee, 6-1 Senate Floor, 31-3 Assembly Concurrence, Governor Signs AB 1779 on 9/29/2012 SPONSORS/SUPPORTERS S J Valley Regional Policy Council 1 (Sponsor) Central Valley Rail Working Group 2 (Sponsor) San Joaquin Regional Rail Comm. (Sponsor) Sacramento Regional Transit District (Sponsor) San Joaquin Regional Transit District City of Merced Steve Cohn, Sacramento City Councilmember 1 San Joaquin Valley Regional Policy Council Member Agencies are: Fresno Council of Governments, Kern Council of Governments, Kings County Association of Governments, Madera County Transportation Commission, Merced County Association of Governments, San Joaquin Council of Governments, Stanislaus Council of Governments, Tulare County Association of Governments, and San Joaquin Valley Air Pollution Control District. 2 Central Valley Rail Working Group Member Agencies are: Sacramento Regional Transit District, Sacramento Area Council of Governments, City of Sacramento, City of Elk Grove, City of Galt, County of Sacramento, San Joaquin Regional Rail Commission, San Joaquin Council of Governments, San Joaquin Regional Transit District, City of Stockton, City of Manteca, City of Lodi, County of San Joaquin, Stanislaus Council of Governments, City of Turlock, City of Modesto, County of Stanislaus, Merced County Association of Governments, City of Merced, and County of Merced. CA Partnership for the San Joaquin Valley County of Fresno City of Modesto Madera County Transportation Commission San Joaquin Valley Air Pollution Control District Merced County of Association of Governments City of Lodi City of Fresno Mayor Ashley Swearengin City of Elk Grove City of Sacramento Los Angeles-San Diego-San Luis Obispo (LOSSAN) Rail Corridor Agency City of Visalia San Joaquin Council of Governments City of Selma City of Mendota Fresno Regional Workforce Investment Board Sacramento Area Council of Governments Tulare County Association of Governments City of Stockton Stanislaus Council of Governments City of Turlock City of Huron City of Fowler City of Kingsburg Greater Stockton Chamber of Commerce CA Central Valley Economic Development Corp. Fresno Council of Governments Capitol Corridor Joint Powers Authority City of Corcoran Contra Costa County Board of Supervisors Contra Costa Transportation Authority California Transit Association City of Manteca City of Tracy Greater Fresno Chamber of Commerce Sacramento Metro Chamber of Commerce San Joaquin Partnership OPPOSITION City of Bakersfield Kings County Association of Governments City of Hanford Kings County Board of Supervisors FOR MORE INFORMATION Victoria Grajek, Chief of Staff Assemblymember Cathleen Galgiani Victoria.Grajek@asm.ca.gov (916) Dan Leavitt, Manager of Regional Initiatives San Joaquin Regional Rail Commission danl@acerail.com (209) AB 1779 (Galgiani) Page 2 119