HomeMy WebLinkAboutMINUTES - 07161996 - U1 U. 1
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 16,1"6 by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson and Smith
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Support for Senate Bill 457 (Kelly)
The following item was brought to the attention of the Board
members after the agenda was posted, and the Board unanimously
agreed on the need to take action.
Supervisor Smith introduced the urgency item requesting
support for Senate Bill 457 (Kelly) known as the Intercity
Passenger Rail Act of 1996 .
IT IS BY THE BOARD ORDERED that the Chair, Board of
Supervisors, is AUTHORIZED to sign a letter to Governor Pete
Wilson advising of the Contra Costa County Board of Supervisors,
support for Senate Bill 457 (Kelly) .
k hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supe rathe date shown,
ATTESTED:
PHIL 13A HELD Clerk of the Board
?jiupervisors County Adm' istrator
HY -- " _ ,Deputy
CC : Community Development
County Administrator
County Counsel
u. i
Phil Batchelor
The Board of Supervisors Contra Clerk of the Board
and
County Administration BuildingCosta County Administrator
651 Pine Street,Room 106 (510)646-2371
Martinez,California 94553-1293 County
Jim Rogers,1st District se_4t
Jeff Smith,2nd District
Gayle Bishop,3rd District I�
Mark DeSaulnier,4th District ;a
Tom Torlakson,5th District
July 16, 1996
The Honorable Pete Wilson
Governor of the State of California
1 st Floor State Capitol
Sacramento,CA 95814
Subject: Contra Costa County Board of Supervisors' Support for Senate Bill 457(Kelley)
Dear Governor Wilson:
On behalf of my colleagues on the Contra Costa County Board of Supervisors,we urge you to sign into law Senate
Bill 457 known as the Intercity Passenger Rail Act of 1996.
An intercity rail passenger system, linking major urban centers and complemented by feeder bus services that
provide access to outlying communities and destinations, is a vital element in the state's transportation system.
Contra Costa County is fortunate to be served by two state-sponsored intercity passenger rail services,the SAN
JOAQUIN route and the CAPITOL route.
Senate Bill 457,which was recently passed in the State Senate with bipartisan support,would give the Secretary of
Business,Housing, and Transportation more direct responsibility for the overall planning, coordination, and
budgeting for state's intercity passenger rail program. Another significant feature of this bill would enable the
Secretary of Housing, Business,Transportation to transfer responsibility for intercity rail service in a particular
corridor to a statutorily created joint powers board comprising of representatives from the counties in the corridor
served by the passenger rail service.
We support Senate Bill 457 because it will preserve and enhance the State of California's one billion dollar
investment in the intercity passenger rail program by enabling communities served in a rail corridor a greater stake
and more direct participation in the administration,coordination,and planning of such vital services.
Sin ly yo ,
ff
hair, oard of Supervisors
cc: Contra Costa County's State Legislative Delegation
PAGE 1
Display 1995-1996. Ball Text - nrFORMATION
BILL NUMBER: SB 457
BILL TEXT
PROPOSED CONFERENCE REPORT JULY 2, 1996
CONFERENCE REPORT NO. 1 �p h
PROPOSED IN CONFERENCE JULY 2, 1996
ON
AMENDED IN ASSEMBLY AUGUST 31, 1995
AMENDED IN ASSEMBLY ADGUST 21, 1995 ==+
AMENDED IN ASSEMBLY JULY 18, 1995 p
AMENDED IN ASSEMBLY JUNE 30, 1995 - C7
AMENDED IN SENATE APRIL 17, 1995
m
INTRODUCED BY Senator Kelley
(Principal coauthor: Senator Kopf)
(Principal coauthors: Assembly Members Bowler,
Brewer, and Hannigan)
FEBRUARY 16, 1995
An act to amend Seet.iexs 34831:87 1493I-9; aad 14835 of the
SeVexEmeat' Cede: and to amend Seetien 164:55 of She Streets and
Highways Fede; relating to transpert.ation7 and making as
apprepri.at.iea there€er. add Article 5 (commencing with Section
14070)., Article 5.22 (commencing with Section 14072) , Article 5.4
(commencinc7 with Section 1407 4), and Article 5.66 (commencing with
Section 14076) to chapter l of Part 5 of Division 3 of Title 2
oft and to repeal and add Section 14031.8 of, and to repeal
Sections 14031.9 and 14031.10 of, the Government Code, relating to
transportation, making an appropriation therefor, and declarinc7 the
urgency thereof, to take effect immediately.
3
LEGISLATIVE COUNSEL'S DIGEST
SB 457, as amended, Kelley. Transportation: intercity and eemmxter
rail 9erviees €undingo Cali€eraia Trasspertati.ex eemmissien passenger
rail service.
(1) Under existing law, an intercity rail service receiving specified state
funding is eligible to continue to receive those funds only if it maintains a
ratio of fare revenues to avoidable costs of at least 55t. In order to
1 receive state funding, a commuter rail service is required to maintain a ratio
I of fare revenues to avoidable costs of at least 40t. The California
i
a.
BAGS 2
Display 1995-1996 Bill Text - INFORMATION
BILL NUMBER.: SB 4$7
BILI, TEXT
Transportation Commission, at the request of the Department of Transportation,
may waive those requirements for up to 3 years.
This bill would delete those provisions and would authorize the
department, upon approval of the Secretary of Business,
Transportation and Housing, to enter into interagency tran9fer
an,reements with specified 'joint exercise ofop wers entities, pursuant
to which the respective Joint 22wers entity would assume
responsibility for intercity passenger rail services within a
particular corridor, and be allocated funds for that purpose
pursuant to the agreement. The transfer of funds would constitute
an appropriation. The bill would specify various terms to be
included in the agreement. A business plan, as specified, would be
required to be Prepared for the provision of intercity passenger
rail services pursuant to an interagency transfer agreement.
The bill would authorize expansion of the membership of the
Southern California Regional Rail Authority, an existing Joi
exercise of powers entity formed to operate the commuter rail
network known as Metrolink, for thea ose 'of administering
intercity rail services in 10 specified southern California counties.
This bill would create the Capitol Corridor Joint Powers Board,
subject to beim organized—as provided, s eeifX its membership,
prescribe its functions and responsibilities, and authorize the board
to enter into an interagency agreement with the department to
assume responsibility for Capitol Corridor intercity rail services.
The board would be organized when 2 jurisdictions elect to appoint
members to the board and only those 'jurisdictions that appoint
members to the board prior to December 31, 1996, would be
member-agencies of the board.
The bill would authorize specified local agencies to form a
joint exercise of powers board for the pu�pr ose of aesuming
responsibility for intercity rail passenger services in the San
Join Corridor.
(2) The bill would declare that it is to take effect
immediately as an urgency statute. .._
This bill would prohibit as intercity or commuter rail service
from receiving any state operating subsidy if it failed to aehieve
the prescribed fare revenue ratios by its 3rd year of operation
plus any additional years net to exeeed 3 years; for which a
waiver was granted.- The bill would require any waiver granted by
the eammissiea to be annually reviewed and reeeasidered by the
eammissienr and would require the commission to conduct a publie
hearing OR a requests for a waiver-
The bill would require the department to transfer to the
Soushem eali€ernia Regional Rail Autkerityr through an intetageney
agreementr all,responsibility €er'adxtinist.erinq a speei€ied intercity
rail serviee between the Cities of San Diego and Santa Barbara-
The bill would require the agreement to contain speeified
provisions: The bill would also require the department and the
autkarity to enter into an agreement SO transfer from the
PAG$ 3
Display 1995-1996 Bill 'Text - INFORMATION
BILI, NUMBER: SB 457
BILL TBXT
department to the authority funds neeessary to operate is8ereity
rail serviees in southern Bali€ornia- The transfer of the funds
would eonstitute an appropriation- The bill would prescribe a
formula far the expenditure of these funds-
The bill would provide a preeese whereby the authority would
submit to the esmmissionr met later than September 1 of eaeh year;
a business plan relating to the intereity rail serviee- The
department and the eemrnissi.es would review the business plan and
would make suggestions far improvement- The authority would submit
the final plan- The bill would require the authority to submit
the initial business plan pursuaat to that preeess en the
eammeneemeat date of the interagesey agreement-
42� Existing law authorizes the department to eater into
eentraets with the rational Railroad, Passenger eorperation 4Amtrak�
to provide eommuter and intereity passenger rail serviees-
This bill weuld authorize the department to also eater into
these eeatraets With ether rail operators-
43}. Existing law establishes a state transportation funding plan
far she expenditure, during the 19-year peried from duly 1; 1998;
to June 307 -29997 of new revenues resulting from the emaetmen8 of
transportation revenge measures is 19897 That plan ealls for the
expenditure of ¢3x999-898,888 for intereity rails eemmuter rail; and
urban rail transitr and epeei€ies the eligible eerriders within eaeh
eategory-
This bill would inelude the Les Angeles-San Bernardino-Barstow
rail eerrider among the eligible intereity rail earriders-
Vote: majority 3,L3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SEeTIGN 3- 4a} The Legislature finds and deelares
SECTION 1. This act shall be known and MAX be cited as the
Intercity Passenger Rail Act of 1996.
SEC. 2. (a) The Legislature finds and declares all of the
following:
w _
(1) An intercity rail passenger system, linking major urban
centers and complemented b feeder bus servlces 'that provide access
to outlyinct 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.
PADS 4
Display 1995.1995 Bill Text - INFORMATION
BILL NUMBER: SB 457
BILL TR=
(3) Since 1976, the state has invested over one billion dollars
($1,000,000,000) in capital improvements and SRezatinq support for
intercity rail passenger service and must ensure the protection of
that investment. Recently, state costs to support operation of this
service have increased 5,,reatly due to congressional reductions in
Amtrak's federal aperatinq support.
(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 Manning, 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 created •ointop were aenc would result in
administrative or o eratinq cost reductions, the secretary may
authorize the Department of Transportation to enter into an
interagency aclreement to effect a transfer of those administrative
functions. _.
(3) taa intercity rail corridor for which administrative
responsibility has been transferred to anoint powers board throw h
an interagency agreement shall remain as a component of the
statewide system of intercity rail corridors.
(4) The public interest requires mansion of the state intercity
rail grr2g(ram in order to keep pace with the needs of an e�cpanding
population.
(5) For not less than a three-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 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 repealed,
14937-.a-.-4a} Any prepeeed new iatereity serviee fesxded tuber
Seetion 14831:6 shall eestinae te,be eligible for these €raids;
eemmenei.ag with its fourth year of, operatiea; only if it maintains
a ratio of fare revenues to avoidable eests of at least 55
pereent by its third year of eperationT
{b} Any existing intereity serviee funded under seetiox 14931:6
small be eligible for those funder eozmmeneing with the 3984-85
€ileal year- if it maintains a ratie of fare revenues to avoidable
easts of at least 55 pereest during the previetts year of
operat.ies-
4e} For any new or existing intere.ity serviee not aehieving the
ratio of fare revenues to avoidable eests re"ired by subdivision
<a) or 4b�7 the eemmissien may grant a Waiver for eestinuation of
serviee- for set to exeeed a maximum of three years, only It the
department makes a request for sxeh a waiver at least six months
prier to the termination date: Any request for a waiver shall be
aeeempanied with as analysis of the serviee in question defining a
speeifis program designed to iwpreve the servieets fare revenues to
avoidable eests rat.ie-
PAGE S
Dieplay 1995-1996 Bill Text - IMPMA'TIOK
BILL NEER: SB 457
BILL ZBXT
SEC. 4. Section 14031.8 is added to the Government Cade, to
read:
14031.8. IAL The Secretary of Business, Transportation and
Dousing 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) Ethers applicable,, operating funds shall be allocated by the
secretary to the jointop vers board in accordance with an
interagency agreement which includes mutually agreed-upon rail
services. Funds for the administration and marketing of services,
as appropriate, shall also be transferred �y the secretary to the
"jointop were board, subject to the terms of the interagency
agreement.
r
(c) The ointop were board or local or regional entities may
aumnent state-provided resources to expand intercity passenger rail
services, or to address funding shortfalls in achieving agreed-upor.
performance standards.
(d) The department may provide any support services as may be
mutually agreed Lapon �& the board and the department.
(e) 02t
Kating costs shall be controlled by dealing with, at a
minimum, the current Amtrak cost allocation formula and the ability
to contract out to Amtrak or other rail operators as a part of
federal legislation dealing with Amtrak reauthorization.
(f) 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.
SEC. S. Section 14031.9 of the Government Code is repealed.
1463I.9r 4a} Axy proposed new commuter serviee funded ander
Beet#ea 3483176 shall continue to be eligible for these €"ds-
eowne-neing with its feurth year of eperatien; only if it maintains
a ratio of fare revenues to avoidable costa of at least 40
pereent by its third year of aperatieni
4b} Any existing eemmuter service funded cinder Section 14033..-6
shall be eligible far those funds; commencing With the 1984-85
fiscal yearn only if it maintains a ratio of fare revenues to
operating costs of at least 46 percent during the previous year of
eper'at�ea3-
4e} For any new or existing eewauter service net achieving the
ratio of fare revenues to avoidable costs or operating costs
required by subdivision {a} or 4b} the eemmissiaa may grant a
waiver for continuation of serviee- far not to exceed, three years;
ealy if the department makes a request for saeh a Waiver at .least
six menths prier to the termination date- Any request far a
waiver shall be aeeempaAied with an analysis of the service in
queseien defining a specific program designed to improve the
serviee;s fare revenues to avoidable casts or operating eesta
ratio-
SBC. 6. Section 14031.10 of the Government Code is repealed.
14831-38 Far purposes of Sections 14631.78 and 14033-9-
4a} xAvsidable eestx means all casts asseeiated with a particular
PAGE 6
Display 1995-1996 Bill Text - I2+7'FORMATIoN
BILL NUMBER: SB 457
BILL TEXT
service which would set be inenrred it the service were net
provided,
4b} leperating eases° means all eesta: exelasive of capital I
eosts; amortization and depreeiatiea eeat.s; costs of demonstration
prejeets of as more than two years daratien desi"ed to increase
e€€ieieney of operations and improve fare-box ratios- and
lease-with-an-eptien-te-perehase eosts; associated with a partiealar
service which would be ineurred only it the service were provided:
#e} uFare revenxesn means the total revenues eellected from the
operation of a particular serviee and includes that portion of the
Ideal operating support for any existisey commuter services funded
"der seetiex 14931:6 whieh exeeeds the level e€ local operating
snpperf as re"i:red by the terms of -any agreement in existeaee on
January 1r 1986; between the department and local ageneies-
SEC. 7. Article 5 (commencing with Section 14070) is added to
Chapter 1 of Fart 5 of Division 3 of Title 2 of the Government
Code, to read:
Article S. Intercity Rail Agreements
14070. As used in this article, the following terms have the
following meanings:^
(a) "Board" or "Joint R2wers board" means theoverninq board of
a •joint exercise of powers ageny e9tablished�pursuant to Article
5-2 (commencing with Section 140721 , Article 5.44 (commencing with
Section 14'074) , or Article 5.66 (commencing with Section 14076) for
the purpose of assuming administrative responsibility for intercity
passenger rail service within the respective corridor.
(b) "Secretary" means the Secretary of the Business,
Transportation and Housing Agency.
14070.2. (a) If authorized b the secretary, the department may,
through an interagency agreements transfer to a 'dint powers board.,
and the board may assume, all responsibility for administering
passenger rail service in the corridor. Upon the date specified in
the agreement, the board shall succeed to the departments Rowers
and duties relative to that service, except that the department
shall retain responsibility for developing budget requests for the
service through the state budget process, which shall .be developed
in consultation with the board, and for coordinating service in the
corridor with other passenger rail services in the state.
(b) The interagency agreement shall be executed on or before
December 31, 1996. If an interagency agreement is not entered into
on or before December 31, 1996, the secretary shall provide a
report to the Governor and the Legielature on or before January
30, 1997, explaining why an acceptable agreement has not been
developed, with specific recommendations for developing an acceptable
interagency agreement.
(c) The secretary shall require the board to demonstrate the
ability to meet the performance standards established the
PAGE 7
Display 1995-1996 Bill Text - INMVI-%TION
BILL NUMBER: SB 457
BILL TEXT
secretary pursuant to subdivision (f) of Section 14031.9.
14070.4. (a) An interagency transfer agreement between the
department and a joint powers board, when approved by the
secretary, ;hall do all of the following:
(1) Specify the date and conditions for the transfer of
responsibilities and identify the annual level of funding for the
initial five years of the transfer and ensure that the level of
funding is consistent with and sufficient for the planned service
im rovements within the corridor.
(2) Identify, for the initial year and subsequent years, the
funds to be transferred to the board including state operating
subsidies made available for intercity rail services in the
corridor, and funds currently used �y the de�raent for
administration and marketing of the corridor, with the amounts
adiusted annually for inflation and in accordance with the business
plan_
(3) Specify the level of service to be provided, the respective
responsibilities of the board and the department, the methods that
the department will use to assure the coordination of services with
i other rail passenger services in the state, and the methods that
the department will use for the annual review of the business plan
and annual proposals on funding and appropriations.
(4) Describe the terms for transferring to the 'oint exercise of
owers age-nc car and"locomotive train sets, and other equipment
and property owned� the department and required for the intercity
service in the corridor including, but not limited to, the number
of units to be provided liability coverage, maintenance and
warranty responsibilities, and indemnification issues.
(5) Describe auditing responsibilities and process requirements,
reimbursement and billing procedures, the responsibility for funding
shortfalls, if any, during the course of each fiscal year, an
operating contract oversight review process, performance standards and
reporting procedures, the level of' rail infrastructure maintenance,
and other relevant monitoring procedures. The description shall
contain an evaluation of the impact of 2RX transfer of equipment
on other intercity corridors. The agreement shall endeavor to
minimize the impact and maximize the efficient use .of the
equipment, including continued joint use of equipment that is
currently shared by one or more corridors
(b) Use of the annual state funding allocation, as set forth in
the interagency transfer agreement for the initial five years, shall
be described in an annual business plan submitted by the board to
the secretary for review and recommendation by April 1 of each
year. The business plan, when approved �2y the secretary, shall be
deemed accepted by_ the state. The budget proposal developed by the
department for the subsequent year shall be based upon the business
plan approved �y the secretary. The business plan shall be
consistent with the interagency agreement and shall include a report
on the recent as well as historical performance of the corridor
service, an overall operating plan including proposed service
PAGE 8
Display 1995-1996 Bill Text - WORMATION
BILL NUMBER, SB 457 1j
BILL TEXT {
i
enhancement to increase ridership and Provide for increased traveler
demands in the corridor for the incoming az short-term and
long-term capitol improvement programs, funding requirements for the
upcoming fiscal year, and an action Elan with specific performance ?
oals and objectives. The business plan shall document service
improvements to provide the1�anned level of service, inclusion of
operating plates to serve peak period work trips, and consideration
of other service expansions and enhancements. `The plan shall
clearly delineate how funding and accounting for state-sponsored rail
passenger services shall be separate from locally sponsored services
in the corridor. Proposals to expand or modify passenger services
shall be accompanied L3X the identification of all associated costs
and ridership projections. The business plan shall establish, among
other things: fares, operating strategies,, capital improvements
needed, and marketing and operational strategies desi_gMed to meet
performance standards established in the interagency agreement.
(c) Based on the annual business Elan and the subsequent
appropriation by the Legislature, the secretary shall allocate state
funds on an annual basis to the board. As provided in the
interagency agreement, �ny additional funds that are required to
operate the passencler rail service durinE[ the fiscal rear ghall be
provided by the board from jurisdictions that receive service. In
addition, the board M.2y, use any cost savings or farebox revenues
to provide service improvements related to intercity service. In
event, the board shall report the fiscal results of the
previousem's operations as part of the annual business plan.
(d) The term of the agreement shall not exceed three years..
(e) The level of service funded by the state shall in no case
be less than the current number of intercity roundtri2e operated in
a corridor and serving the endop, ints currently served by the
intercity rail corridor. The level of service funded by the state
shall also include feeder bus service with substantially the same
number of route miles as the current feeder system, to be operated
in conjunction with the trains.
(f) Nothing in this article shall be construed to preclude
expansion of .state-approved intercity rail service
14070.6. The department and any entity that assumes
administrative responsibility for passenger rail services through an
interagency transfer agreement, may, through a competitive bid
process, contract with the National Railroad Passenger Corporation
(Amtrak) or with other organizations authorized under state or
federal law to provide passen er 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 cerme aad conditions as the parties may acTree. The
department is deemed to be a third-party beneficiary of the ,
contract, and the contract shall not contain any provi.aion or
condition that would negatively impact on or conflict with any
other contracts the department has reSarding intercity rail services.
entity that succeeds the department as sponsor of
_. __._-..,...._.__....._ ...___..._ ._ __.
PAGE 9
Display 1995-1996 Bill Text - INP'OP)WION
HILL NUMBER: SB 457
i
BILL TEXT
state-au�orted RAES&ncaer rail services through An interagency
transfer agreement, is deemed an a enc of the state for all
pines related to passenger rail services, including Section 1614
of Title 49 of the United States Code.
�sEC,. a.�Article 5;2 (commencing with Section 14012) is added to
Chapter 1 of Part 5 of Division 3 of 'Title 2 of the Government
Code, to read:
14072. The Southern California Re i� onal Rail Authority is an
existing joint yrs authority formed pursuant to section 130255 of
the Public Utilities Code, made a of the cow transportation
commissions of the Counties of Los Angeles, Orange- Riverside, San.
Bernardino, and Ventura, and set up to operate the commuter 'rail
network known as Metrolink in those counties.
14072.2. The jointop wers authority, known as the Southern
California Rea_ional Rail Authority, may, if the authority elects to
be a party to an interagency agre_eme_nt pursuant to Article S
(commencing with Section 14070) , be expanded to form an authority
for the administration of intercity passenger rail services in the
Counties of Imperial- Los Angeles, Orange, Riverside, San Bernardino,
San Diego, San Luis Obispo, Santa Barbara, and Ventura. The
expanded authority M!�y include, but is not limited to the
following agencies: the Imperial Valley Association of Governments,
the Los Angeles Count Metropolitan Transportation Commission, the
Orange g2unty Transportation Authority, the Riverside County
Transportation Commission, the San Bernardino Association of
Governments, the San Diego Association of Governments, the San Luis
Obispo Council of Governments, the Santa Barbara Count Association
of Governments, and the Ventura County Transportation Commission.
For the purposes of this section, "authority" means the expanded
board of the Southern California Regional Rail Authority. Only the
expanded board or authority, not the Southern California Regional
Rail Authority board existing on July 1, 1996, TaX exercise
jurisdiction over intercity rail matters for the service area of
the authority. For purposes of taking action on intercity rail
issues, including,_ but not limited to, egulpment, funding,
legislation, marketing, and operations, the member agenc from each
county shall be alloyed one vote. Representation shall be limited
to one jSfncy per county.
14012.4. Membership in the expanded Southern California Regional
Rail Authority shall be one voting representative from each of the
designated member agencies. Members shall be appointed from each of
the member agencies annually.
14074.6. This article shall be applicable only if the entities
to be represented on the authority enter into a joint exercise of
powers agreement to expand the authority, andelect to become a
party to an interagency transfer agreement pursuant to Article 5
(commencing with Section 140'70) . � —
SEC. 9. Article s.4 (commencing with Section 14074) is added to
Chap_ter, 1 of Part 5 of Aivision 3 ofTitle 2 of the Government
Code, to read: ___ a
PAGE 10
Display 1995-1996 Bill Text - IMPMATION
BILL NUMBER: SB 457
BIU TEXT .
Article 5.4. San Joaquin Corridor
14074. As used in this article, the following terms have the
following meanings:
(a) "Board* means the governing board of the San Joaquin
Corridor Joint Powers A encY established pursuant to Section 14074.2.
(b) ' "San Joaquin Corridor" or "corridor" means the Los
Angeles-Bakersfield-Fresno-Stockton-Sacramento-Oakland rail corridor.
14074.2. (a) The San Joaquin Corridor Joint Powers A enc may
be established by agreement of the represented agencies for the
pu ose of assuming responsibility for _intercity passenr�er rail
services in the San Joaquin Corridor.
(b) The board shall be _composed of the following 19 members:
(1) one member from the Cagitol Corridor Joint Powers Board,, if
that board is in existence.
(2) one member from the County of Sacramento, appointed bythe
board of supervisors of that county.
(3) one member from the Conn of Los Angeles, appointed by the
board of supervisors of that county.
{4) Two members each from the Counties of Fresno,. Kern, Kings,
Madera, Merced, San Joaquin, Stanislaus, and Tulare, appointed by
the board of supervisors of the respective county. Each county
ahall appoint one member who is an elected official and one who
is a private citizen,
14074.6. This article shall be applicable. o_ y if the entities
that would be represented on the board enter into a'pint exercise
of powers aEeement to form the agency, and elect to become a
party to an interagency transfer agreement pursuant to Article 5
(commencing with Section 14070
SEC, 10., Article 5.6 (commencing with Section 140 76) is added
to Chapter 1 of Part 5 of Division 3 of Title 2 of the
Government Code, to read:
Article 5.6. Capitol Corridor
14076. As used in this article, the following terms have the
following meanings:
(a) "Board" means the Capitol Corridor Joint Powers.Board created
by Section 14076.2.
(b) "Capitol Corridor" or "corridor" means the
Colfax-Sacramento-Suisun City-Oakland-San Jose rail corridor.
14076.2. (a) There is hereby created the Capitol Corridor Joint
Powers Board, subject to being organized R!, suant to subdivision
(b) . The board shall be composed of not more than the following
16 members:
(1) Six members of the San Francisco Bay Area Rapid Transit
District Board of Directors, appointed �jy the board of directors of
that district, as follows: r
_ PAGB it
Display 1995-1996 Bill Text - INFORMATION
BILL NUMBER: SB 457
BILL TEXT
(A) Two who are residents of Alameda County.
(B) Two who are residents of Contra Costa County.
(C) 'rico who are residents of the City and County of San
Francisco.
(2) Two members of the Board of Directors of the Sacramento
Regional Transit District, appointed by the board of directors of
that district.
(3) Two members of the Board of Directors of the Santa Clara -
County Transit District, appointed by the board of directors of
that district.
(4) Two members of the county congestion management agency for
that CCount of Yolo, appointed �y that agency.
(S) Two members of the count congestion management a en for
the County of Solana, appointed bX t4iat aaency.
(6) Two members of the Placer County Transportation Planning
Agency, apf,oi nted by that agency.
(b) The board shall be organized when at least two of the
jurisdictions described in paragraphs (1) to (6) , inclusive, of
subdivision (a) elect to a oint membexs to serve on the board.
only those jurisdictions that appoint members to serve on the board
prior to December 31, 1996 shall be member-agencies of the board.
14076.4. If the board and the department enter into an
interagency transfer amreement pursuant to Article 5 (commencing with
Section 14070) , for an initial period, that begins with the
transfer of responsibilities from the department to the board and
continues for a three-year RtKiod subseeiuent to the completion of
the track and signal improvements between Sacramento and Emeryville,
the San Francisco Bay Area Ra id Transit District General Manager
and the district's administrative staff shall, if that district has
appointed members to the board in accordance with Section 14076.2,
provide all necessary administrative support to the board to perform
its duties and responsibilities, and may perform for the board apy
and all activities that they are authorized to perform for the
district. At the conclusion of the initial period, the board !say,
through procedures that it determines, select the San Francisco P
Area Rapid Transit District or another existingpublic rail transit
,agency for a three- ear term to provide all necessary administrative .
support staff to the board to perform its duties and
responsibilities.
14076.6. The board shall-make its decisions in accordance with
the votes of its members, requiring a majority vote for all
matters with the exception of the. approval of the business plan,
and revisions, which shall require a vote of two-thirds of the
members.
14076.8. For the purpose of carrying out its responsibilities
pursuant to this aiticle, the board may seek funds from any
Jurisdiction served by the Capitols passenger rail service for
enhanced service.
SEC. 11. This act is an urgency statute necessary for the
Q
PAGE 12
Display 1995-1996 Bill Text - INFORMATION
BILL NUMBER: SS 457
BILL TEXT
immediate preservation of the public 'peace, health, or safet within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order that improved and expanded passenger rail services may
be realized at the earliest possible time, it is necessary for
this act to take effect immediately.
All matter omitted in this version
of the bill appears in the bill as amended in the Assembly, .August 31, 1995
(JR 11)
S.D 10
Contra
} ; s _ Costa
TO: BOARD OF SUPERVISORS County
FROM: TRANSPORTATION COMMITTEE
DATE: June 21, 1995 [1 VELi PILNT DEPT
SUBJECT: Report on Assembly Bill 1720 (Hannigan) - Capitol Intercity Rail Service
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Retain support position on Assembly Bill 1720 provided the following
principles are included in the legislation: (1) that BART, as an
experienced rail operator, should serve as the managing agency for
passenger rail service in the Capitol Corridor with responsibility for
the day to day operations; (2) a corridor committee should be established
to provide evaluation, oversight, and general policy direction to guide
management and development of passenger rail service in the Capitol
Corridor; and, (3) the corridor committee should reflect the varied
stakeholders and geographic interests along the entire 150-mile corridor.
FISCAL IMPACT
None. The remaining $225, 000 balance in the Contra Costa Commuter Rail
Program PVEA Grant funds would be reprogrammed to support activities of
the new Capitol Corridor Committee which would be created by this
legislation.
BACKGROUND/REASONS FOR RECOMMENDATIONS
A.B. 1720, which related to the administration and management of the
Capitol Corridor Intercity Rail Service, has undergone substantial
amendments since April when the Board of Supervisors adopted a resolution
in support of the legislation.
CONTINUED ON ATTACHMENT: _x YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR ` _ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) : f Smith Tom Torlakson
ACTION OF BOARD ON June 27, 1995 APPROVED AS RECOMMENDED OTHER X
See Addendum for Board action and votes. (Attached)
(See Addendum for votes)
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig Dept: Community Development ATTESTED June 27, 1995
Contact: Patrick Roche, 646-2835 PHIL BATCHELOR, RK OF
cc: Assemblyman Tom Hannigan THE BO S ERVISORS
D.J. Smith, Smith & Kempton - CO INIST
Y Y
.r
Page' Two "VA#,k 4e U.
'Retain Support for A.B. 1720
6/21/95
BACKGROUND/REASONS FOR RECOMMENDATIONS (continued)
As introduced, A.B. 1720 would restructure the existing ACR-132 Capitol
Corridor Policy Advisory Committee from an advisory body into an
interregional committee to plan and oversee development of an integrated
passenger rail service program in the 150-mile Capitol Corridor
(Roseville-Sacramento-Martinez-Oakland-San Jose) . In May, the bill was
amended to create a new joint powers board (JPB) to oversee and manage
the service. As amended on May 10, 1995, the new JPB would assume
administration and management of the rail service from Caltrans. The
amended bill provides for the JPB to contract with another public or
private entity to provide management services and the actual rail service
provider would be selected through a competitive process. The amended
version of A.B. 1720 would still subsume the commuter rail planning
activities of the Greater East Bay Rail Opportunities Coalition into the
new JPB, and the remaining balance of Contra Costa County Petroleum
Violation Escrow Account (PVEA) Grant Funds would be transferred to
support the start-up activities of the new JPB. Additionally, passage of
this legislation would lead to the dissolution of the Joint Powers
Agreement creating the Greater East Bay Rail Opportunities Coalition.
A.B. 1720 is scheduled for hearing on July 11, 1995 before the State
Senate Transportation Committee. The bill 's author is presently
discussing amendments with the Senate Transportation Committee' s Chair,
Senator Kopp. Senator Kopp has raised concerns with creating a new rail
agency that would serve the Bay Area. A key issue emerging from these
discussions has been BART's potential role as the managing agency for the
Capitol Corridor. The BART Board of Directors recently adopted position
on A.B. 1720 is that they should assume management of the rail service
as part of a 5-year pilot project, and a committee comprised of corridor
jurisdictions would provide oversight, evaluation, and policy
recommendations to BART.
The Transportation Committee has reviewed the amended version of A.B.
1720 and believes that the key members in the Assembly and Senate should
work to resolve issues which are preventing the bill from moving forward.
The Transportation Committee recommends the Board of Supervisors retain
its support position on A.B. 1720 provided the following principles are
part of the legislation:
1. BART, as an experienced rail operator, should serve as the
managing agency for passenger rail service in the Capitol
Corridor with responsibility for the day to day operations;
2 . A corridor committee should be established to provide
evaluation, oversight, and general policy direction to guide
management and development of passenger rail service in the
Capitol Corridor;
3 . The corridor committee should reflect the varied stakeholders
and geographic interests along the entire 150-mile corridor.
1
Air
•
SD. 10
ADDENDUM
Supervisor Smith presented the Transportation Committee Report to the Board of
Supervisors on Assembly Bill 1720 (Hannigan) - Capitol Intercity Rail Service and
moved acceptance of the report along with the following three amendments:
1) That BART be used as the Rail Operator for the Capitol Corridor Program;
2) That a Corridor Committee be established to provide evaluation and oversite
and general policy direction; and
3) That the Corridor Committee reflect the varied interests of stakeholders along
the entire corridor.
The vote on the motion was as follows:
AYES: Supervisors Smith and Torlakson
NOES: Supervisors Rogers, DeSaulnier and Bishop
ABSENT: None
ABSTAIN: None
Supervisor Torlakson moved to postpone any further consideration of the PVEA
funding pending communication with other transit agencies in our County to
ascertain if they have any plans or projects that they feel would be a higher priority
for the PVEA funds; and if any agency had a proposal, it would be brought to the
Transportation Committee before being brought back to the full Board for final
consideration.
Supervisor Smith seconded the motion.
Supervisor Torlakson moved the following amendment to his motion: If the
legislation moves forward, a separate examination of the funding issue of how such
a Corridor Committee would be funded would be requested by the Board of
Supervisors, but if there are other sources of money developed or if the bill moves
forward, the Board would in that contingency situation; 1) Express to the
County's legislative delegation that the Board of Supervisors supports BART as the
preferred operator over CALTRANS; and if a Corridor Committee is established,
then 2) The Board of Supervisors would suggest that it reflect the various
stakeholders and geographic interests along the entire Corridor.
Supervisor Smith seconded the amendment.
The vote on the motion was as follows:
AYES: Supervisors Smith and Torlakson
NOES: Supervisors Rogers, DeSaulnier and Bishop
ABSENT: None
ABSTAIN: None
1
Supervisor Rogers moved to refer the issues of the spending of the $225,000
PVEA Grant funds and taking a position on the legislation to the Transportation
Committee for review and report back to the Board of Supervisors and to
communicate with the County's legislative delegation in order to indicate agreement
with the Transportation Committee recommendation to name BART as the
managing agency without taking a position on the legislation.
Supervisor DeSaulnier seconded the motion.
The vote on the motion was as follows:
AYES: Supervisors Rogers, Smith, DeSaulnier and Torlakson
NOES: Supervisor Bishop
ABSENT: None
ABSTAIN: None
IT IS BY THE BOARD ORDERED that the report from the Transportation Committee
on Assembly Bill 1720 (Hannigan) - Capitol Intercity Rail Service is ACCEPTED;
IT IS FURTHER ORDERED BY THE BOARD that the issues of the spending of the
$225,000 PVEA Grant funds and taking a position on the legislation is REFERRED
to the Transportation Committee for review and report back to the Board and;
IT IS FURTHER ORDERED BY THE BOARD that communication with the legislative
delegation is AUTHORIZED in order to indicate agreement with the Transportation
Committee recommendation to name BART as the managing agency without taking
a position on the legislation.
I hereby ae 1,that this Is a true and oorrW copy of
Bwd
�4CUM taken enter�MInutee of the
AlWrizi
�`
t3A GNk of the Boadrd
and
cc: County Administrator
- Transportation Committee (via CAO)
Community Development Department
- Assemblyman Tom Hannigan (via CDD)
- D.J. Smith, Smith & Kempton (via CDD)
2
- Contra
T.' TO: BOARD OF SUPERVISORS Costa
FROM: TRANSPORTATION COMMITTEE e `'"'u' "1
DATE: JUNE 17, 1996
SUBJECT: Status Report on AB 1720 (Hannigan) Capitol Intercity Rail Service
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Accept status report on Assembly Bill 1720 (Hannigan) and endorse
necessary legislative action to reprogram the remaining balance of
Contra Costa Commuter Rail PVEA Grant Funds to support formation of
the new Capitol Corridor Joint Powers Board (JPB) as established
under AB 1720 .
FISCAL IMPACT
None. The remaining $225, 000 balance in the Contra Costa Commuter
Rail PVEA grant funds would be reprogrammed to support the start up
activities of the Capitol Corridor Joint Powers Board created under
AB 1720 .
BACKGROUND/REASONS FOR RECOMMENDATIONS
AB 1720 would transfer from Caltrans to a newly created Joint
Powers Board all responsibility for administering the existing
Capitol passenger rail service operated between Roseville-
Sacramento-Martinez-Oakland.
CONTINUED ON ATTACHMENT: x YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR x RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTH
SIGNATURE(S) : ith Tom Torlakson
ACTION OF BOARD ON June 18, 1996 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: 1,3,5, and 2 NOES: 4 ACTION TAKEN AND ENTERED ON THE
ABSENT: None ABSTAIN: None MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig:P. Roche, CDD-TPD (335 1242) ATTESTED June 18, 1996
cc: State Senator Dan Boatwright PHIL BATCHELOR, CLERK OF
Assemblyman Richard Rainey THE BO F SUPERVISORS
Assemblyman Tom Hannigan AND AD NI T
Smith & Kempton
AB 1720
6/17/96
Page Two
The bill would require the SF Bay Area Rapid Transit District to
provide administrative support and other activities to the Joint
Powers Board for an initial 3 year period, which would be renewed
following a performance evaluation. The Capitol Corridor Joint
Powers Board, a sixteen member body comprised of representatives
from the counties served by the Capitol Route, would become the
governing policy body for operation and management of this
passenger rail service. Contra Costa County would be represented on
the new JPB by two local BART Directors appointed by the BART Board
of Directors. The bill also states the intent that short-term
funding for this newly created Capitol Corridor Joint Powers Board
should be provided from the remaining balance of remaining funds in
Contra Costa County' s Petroleum Violation Escrow (PVE) Commuter Rail
Program grant (approximately $225, 000) .
On June 21, 1995, the Board of Supervisors adopted a support
position on AB 1720 . The bill has . worked its way through several
legislative committees and it is anticipated that the legislature
will soon take final action on AB 1720 . The next step is to insure
that legislative action is taken to reprogram the remaining balance
of Contra Costa County' s PVE Commuter Rail Program grant funds to
the newly created Capitol Corridor Joint Powers Board. This could
be accomplished by either amending AB 1720 to include specific
language authorizing a reprogramming of these grant funds or
through a separate legislative action that would reprogram these
grant funds via the annual bill which allocates PVEA grant f'unds
statewide . Staff is researching which legislative route best
accomplishes a reprogramming of Contra Costa' s PVEA grant funds.
The Transportation Committee recommends
ommends that the Board of
Supervisors endorse in concept the necessary legislative action to
reprogram the Contra Costa PVE Commuter Rail grant funds,
approximately $225, 000, to the Capitol Corridor Joint Powers Board,
contingent upon the state legislature adopting AB 1720 .
PR/j :abl720.696