HomeMy WebLinkAboutAgenda Report - April 4, 2012 C-10AGENDA ITEM 0040
dh CITY OF LODI
COUNCIL COMMUNICATION
Im
AGENDA TITLE: Authorize the Mayor, on Behalf of the City Council, to Send a Letter
of Support to AB 1779 - Intercity Passenger Rail Act of 2012 for San
Joaquin Corridor (Galgiani)
MEETING DATE: April 4, 2012
PREPARED BY: City Clerk
RECOMMENDED ACTION: Authorize the Mayor, on behalf of the City Council, to send a letter
of support to AB 1779 - Intercity Passenger Rail Act of 2012 for San
Joaquin Corridor (Galgiani).
BACKGROUND INFORMATION: The City was recently asked by the San Joaquin Regional Rail
Commission to support AB 1779 pertaining to intercity passenger
rails service and send a letter of support regarding the same to
Assembly Member Galgiani.
The proposed legislation is currently a spot bill and the specific language of the bill is making its way
through both the Legislative Counsel's office and the Rules Committee. The proposed language
(attached) will be added to the current bill in the near future and it is expected that the matter will be
heard by the Transportation Committee in mid-April. For the reasons stated in the attached draft letter, it
is recommended that local governments support the proposed legislation.
FISCAL IMPACT: Not applicable at this time.
FUNDING AVAILABLE: Not applicable at this time.
Lhi
APPROVED:
City Clerk
Konradt Bartlam, City Manager
CITY COUNCIL
JOANNE MOUNCE, Mayor
ALAN NAKANISHI,
Mayor Pro Tempore
LARRY D. HANSEN
BOB JOHNSON
PHIL KATZAKIAN
April 4, 2012
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
www.lodi.aov citvc1erk(5D1odi.aov
Assemblymember Galgiani
State Capitol Building, Room 5155
Sacramento, California 95814
Attention: Victoria Grajek, Chief of Staff
Via Facsimile: (916) 319-2117
SUBJECT: Intercity Passenger Rail -pct of 2012 for San
— LETTER OF SUPPORT`S ,''N;,
Dear Assemblymember Galgiani,
KONRADT BARTLAM,
City Manager
RANDI JOHL, City Clerk
D. STEPHEN SCHWABAUER
City Attorney
uin Corridor
The City of Lodi is pleased to providWtbis letter of support,#or Assembly Bill (AB) 1779,
which would enable the transfer of,,dm)",n't native respon tb�ility of the San Joaquin
intercity passenger rail service from the, Department of Trdh portation to a new joint
powers authority.
In 1996, the Capitol Corrdo-'�Jont Powers Abbority (CCJPA) was created to oversee the
administration of the4Capltol Corridor service under the provisions of Senate Bill 457 (SB
457). Over the Iasi 15 , ears, Without direct fifiar tial contribution by member agencies,
the CCJPA has successfully l 'atni a ed the Capitol Corridor between Auburn and San
Jose. Capital investments, ,cooperdffo� r`�it1', Union Pacific freight railroad, and state
support have ailov►red for drarn`a"tic increases` in the frequency of service (increases of 400
percent between Sacraento and% Oakland), and the Capitol Corridor intercity passenger
rail °service has the bestk on-tim`b performance in the nation for intercity service. In
addi
We support defining the composition of the San Joaquin Joint Powers Authority
(Authority), and extending the time for creating the Authority and executing an
interagency transfer agreement with the Department of Transportation to December 31,
2013. In order to transfer responsibility of the San Joaquin intercity passenger rail service
to the Authority, AB 1779 will require that the transfer must result in administrative or
operating cost reductions. In addition, AB 1779 will prevent any existing sources of local
or regional transit funding to be used to expand or maintain the San Joaquin intercity
passenger rail service.
With more efficient administration and stronger local/regional, support, a regionally
managed San Joaquin intercity passenger rail service caw'yesult in much higher
frequencies of service, and increases in ridership and revenue- like°experienced by the
<4 aq* y
Capitol Corridor under the regional administration of thsaGCJPA. Increases in San
Joaquin intercity passenger rail service and ridershp wilglz result°a n snore jobs, improve air
quality, and will help promote sustainable development,
Intercity passenger rail is environmentally f
in the provision of cost-effective and efl
services. We are pleased to provide this
California forward.
Sin
JoA
Ma,
C:
and the state has a c°ontinuing interest
admini°s#eyed intercity p ssenger rail
fsuppsrb;,for AB 1779 Ado help move
Page 1 of 1
Randi Johl
From: Randi Johl
Sent: Tuesday, March 27,2012 08:59 AM
To: Randi Johl
Subject: FW: Requestfor SupportforAB 1779 Regional Governance Initiativefor San Joaquin Service
Attachments: Requestfor Sponsorsand SupportforAB 1779.pdf; ATT2578571.htm; AB 1779 Mock-up March
202012.pdf; ATT2578572.htm; Draft Letterof SupportforAB 1779.doc; ATT2578573.htm; Draft
Sponsoring Agency Example Letterfor AB 1779.doc; ATT2578574.htm
From: "Dan Leavitt" <dan1C&acerai1.com>
Subject: Request for Support for AB 1779 Regional Governance Initiative for San Joaquin
Service
Hello CVRWG Member Agency Representatives,
Please see the attached letter requesting that your agency submit a letter to sponsor
and/or support AB 1779, the "Intercity Passenger Rail Act of 2012 for San Joaquin
Corridor". Also attached is the proposed language for AB 1779 and an example of a
letter to sponsor/support AB 1779 and an example letter of support for AB 1779.
Letters are most effective if received by April 4,2012. Please contact me if you
have any questions, we greatly appreciate your support and we look forward to
continuing to work with you.
Best regards,
Dan Leavitt
SJRRC
(209) 944-6266
(530) 400-9475 (cell)
03/27/2012
AB 1779 Mock-up
(proposed amendments are shaded)
An act to amend Sections 14031.8 and 14070.2 of, and to repeal and add Article 5.4
(commencing with Section 14074) of Chapter 1 of Part 5 of Division 3 of Title 2 of, the
Government Code, relating to transportation.
SECTION 1. This act shall be known and may be cited as the Intercity Passenger Rail Act of
2012 for the San Joaquin Corridor.
SEC. 2. (a) The Legislature finds and declares all of the following:
(1) An intercity rail system, linking major urban centers and complemented by feeder bus
services that provide access to outlying areas and destinations, is an important element of the
state's transportation system, and shall remain a state -funded program.
(2) The state has a continuing interest in the provision of cost-effective intercity rail
passenger services and has a responsibility to coordinate intercity rail passenger services
statewide.
(3) Since 1976, the state has invested over 1.8 billion dollars ($1,800,000,000) in capital
improvements and operating support for intercity rail passenger service and must ensure the
protection of that investment.
(b) The Legislature, through the enactment of this act, intends all of the following:
(1) The Secretary of Business, Transportation and Housing shall be responsible for the
overall planning, coordination, and budgeting of the intercity passenger rail service.
(2) If the secretary determines that transferring responsibility for intercity rail service in a
particular corridor or corridors to a statutorily createdj oint powers agency would result in
administrative or operating cost reductions, the secretary may authorize the Department of
Transportationto enter into an interagency transfer agreement to effect a transfer of those
administrative functions.
(3) Any intercity rail corridor for which administrative responsibility has been transferred to
a j oint powers board through an interagency transfer agreement shall remain as a component of
the statewide system of intercity rail corridors.
(4) The public interest requires strategic expansion of the state intercity rail program in order
to keep pace with the needs of an expanding population.
(5) For not less than a five-year period, the level of state funding for intercity rail service in
each corridor shall be maintained at a level equal to at least the current level of service in the
A0 1779 Mock-up March 20 2012
corridor, thus providing fiscal stability that will allow appropriate planning and operation of
these services.
SEC. 3. Section 14031.8 of the Government Code is amended to read:
14031.8. (a) The Secretary of Business, Transportation and Housing shall establish, through
an annual budget process, the level of state funding available for the operation of intercity
passenger rail service in each corridor.
(b) Where applicable, operating funds shall be allocatedby the secretary to the j oint powers
board in accordance with an interagency transfer agreement whie-hthat includes mutually agreed-
upon rail services. Funds for the administration and marketing of services, as appropriate,
shall also be transferred by the secretary to the joint powers board, subject to the terms of the
interagency transfer agreement.
(c) The j oint powers board 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. However, notwithstanding
Section 99233.4 or 99260.5 of, or subdivision (b) of Section 99400 of, the Public Utilities Code,
or any other provision of law, the ioint powers board or local or regional entities shall not use
existing sources of transit funding for this purnose, including, but not limited to, funds made
available under the Mills-Alquist-Deddeh Act, commonly known as the Transportation
Development Act (Chapter 4 (commencing with Section 99200) of Part 11 of Division 10. of the
Public Utilities Code), or under the State Transportation Assistance programpursuant to Sections
99313 and 99314 of the Public Utilities Code. The ioint powers board or local or regional
agencies with regard to the San Joaquin Corridor may identify and secure new supplemental
sources of fundin fobpurpose of expanding or maintainingintercity rail passenger service
levels, which may include state and federal intercitvrail resources.
(d) The department may provide any support services as may be mutually agreed upon by the
joint powers board and the department.
(e) Operating costs shall be controlled by dealing with, at a minimum, the current Amtrak
cost allocation formula, which beginning in federal fiscal year 2013/2014, will be sub-iect to
Section 209 of the federal Passenger Rail Investment and ImprovementAct, and the ability to
contract out to Amtrak or other rail operators as a part of federal legislation dealing with Amtrak
reauthorization.
(f) Not later than December 31,1997, the secretary shall establish a set of uniform
performance standards for all corridors and operators to control cost and improve efficiency. To
the extent necessary, as determined by the secretary, performance standards may be modified not
later than December 31, 2014, relative to including the San Joaquin Corridor among the corridors
subiectto an interagency_transferagreement.
(g) Notwithstanding provisions in this section, with regard to the San Joaquin Corridor, local
resources described in subdivision (c) shall not be available for expenditure to offset the
redirection, elimination. reduction, or reclassification of state resources for operating intercity
rail services.
SEC. 4. Section 14070.2 of the Government Code is amended to read:
14070.2. (a) If authorized by the secretary, the department may, through an interagency
transfer agreement, transfer to a j oint powers board, and the board may assume, all responsibility
for administering intercity passenger rail service in the corridor. Upon the date specified in
the agreement, the board shall succeed to the department's powers and duties relative to that
service, except that the department shall retain responsibility for developing budget requests for
2
AB 1779 Mock-up March 20 2012
the service through the state budget process, which shall be developed in consultation with the
board, and for coordinating service in the corridor with other intercity passenger rail services in
the state.
(b) T4ie(1) Except as otherwise provided in paragraph (2), the interagencytransfer agreement
shall be executed on or before December 31, 1996.
(2) With respect to the San Joaquin Corridor, the interagency transfer agement shall be
executed on or before December 31, 2013.
(c) The secretary shall require the board to demonstrate the ability to meet the performance
standards established by the secretary pursuant to subdivision (f) of Section 14031.8.
14070.6. The department and any entity that assumes administrative responsibility for
passenger rail services through an interagency transfer agreement, may, through a competitive
solicitationprocess, contract with the National Railroad Passenger Corporation (Amtrak) or with
organizations not precluded by state or federal law to provide passenger rail services, and may
contract with rail corporations and other rail operators for the use of tracks and other facilities
and for the provision of passenger services on terms and conditions as the parties may agree. The
department is deemed to be a third -party beneficiary of the contract, and the contract shall not
contain any provision or condition that would negatively impact on or conflict with any other
contracts the department has regarding intercity rail services. Any entity that succeeds the
department as sponsor of state -supported passenger rail services through an interagency transfer
agreement, is deemed an agency of the state for all purposes related to passenger rail services,
including Section 1614 of Title 49 of the United States Code.
SEC. 6. Article 5.4 (commencing with Section 14074) of Chapter 1 of Part 5 of Division 3
of Title 2 of the Government Code i srepealed.
SEC. 7. Article 5.4 (commencingwith Section 14074) is added to Chapter 1 of Part 5 of
Division 3 of Title 2 of the Government Code, to read
Article 5.4 San Joaquin Corridor
14074. As used in this article, the following terms have the following meanings:
(a) "Authority" or "San Joaquin Joint Powers Authority" means a j oint powers exercise of
powers agency formed under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1
for purposes of assuming administrative responsibility for the San Joaquin corridor under an
interagency transfer agreement pursuant to Article 5 (commencing with Section 14070).
(b) "Board" means the governing board of the San Joaquin Joint Powers Authority
established under Section 14074.2.
(c) "San Joaquin Corridor" or "corridor" means the Los Angeles -Bakersfield -Fresno -
Stockton -Sacrament = ��co r y intercity passenger rail corridor.
14074.2. (a) There is hereby created the San Joaquin Corridor Joint Powers Board, subject to
being organized pursuant to subdivision (b). The board shall be composed of not more than 11
members, as follows:
(1) One member of the board of directors of the Sacramento Regional Transit District,
appointed by that board.
3
AO 1779 Mock-up March 20 2012
(2) One member of the el
board of directors of the San �Jgum Regions 1 Rail Commission,
appointedby that board; s albasden �o
(3) One member ofthe hoard of directors of the Stanislaus Council of Governments
appointed by that board.
(4) One member of board of directors of the Merced County Association of Governments,
appointed by that board.
(5) One member of board of directors of the Madera County Transportation Commission,
appointed by that board.
(6) One member of board of directors of the Fresno Council of Governments, appointed by
that board.
(7) One member of the board of directors of the Kings County Association of Governments,
appointed by that board.
(8) One member of the board of directors of the Tulare County Association of Governments,
appointed by that board.
(9) One member of the board of directors of the Kern Council of Governments, appointed by
that board.
(10) One member of the board of directors of a regional trans orl ation agency or rail transit
operator that serves Contra Costa County, appointed by >> , , who shall be a resident of
the county.
(11) One member of the board of directors of a regional tran sportation agency or rail transit
operator that serves Alameda County, appointed by tlatag� . 1, who shall be a resident of the
county.
(b) The board shall be organized when at least six of the agencies described in paragraphs (1)
to (11), inclusive, of subdivision (a) elect to appoint a member to serve on the board. Only
those agencies that appoint a member to serve on the board prior to December 31, 2013, shall be
member -agencies of the authority and be represented on the board.
14074.4 This authority shall be created only if the agencies that would be represented on the
board enter into ajoint exercise of powers agreement to form the agency.
14074.6 The board shall make its decisions in accordance with the votes of its members,
with a majority vote required for all matters with the exception of the approval of the business
plan, revisions to the business plan,
which shall require a vote of two-thirds vote of the members.
14074.8. The Steering Committee of the Caltrans Rail Task Force shall remain in existence.
If a j oint powers authority is formed pursuant to this article and an interagency transfer
agreement is executed pursuant to subdivision (b) of Section 14070.2,the Steering Committee of
the Caltrans Rail Task Force shall become the Steering Committee of the San Joaquin Corridor
Joint Powers Authority for the purpose of advising the j oint powers board.
4