TRAN2248.SR.JK
CITY
OF SIMI VALLEY
MEMORANDUM
Decem
ber 5, 2022
TO: City
Council
FRO
M: Department of Public Works
SUBJE
CT: ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE THE F ISCAL YEAR 202 2-23
TRANSPORTATION DEVELOPMENT ACT CLAIM , STATE
TRANSPORTATION ACT FUNDS, AND STATE OF GOOD REPAIR
FUNDS WITH THE VENTURA COUNTY TRANSPORTATION
COMMISSION AND APPRO VE FUTURE BUDGET AMENDM ENTS
RELATED TO THE RECEIPT OF FUNDS
STAFF RECOMMENDATION
It is
recommended the City Council adopt attached R esolution No. 2022- 65 (page 4) authorizing the City Manager to execute and file the FY 2022-23 Transportation Development Act (TDA) C laim for Local Transportation Fund (LTF) (A rticle 4 ), State Transportation Act (STA) funds, and State of Good Repair (SGR) funds with the Ventura County Transportation Commission (VCTC), and authorize the City Manager to approve budget amendments related to the receipt of the funds.
BACKGROUND AND OVERVIEW
The C ali
fornia State legislature enacted the TDA ( Public Utilities Code Section 99200, et seq.) in 1971, which created a LTF for each County in the State. As a result of California Senate Bills 716 and 203, LTF funds received by the City as of July 2014, are to be allocated solely for the operation of public transportation systems. Annually, a claim must be filed that allocates all of the new and previously awarded unexpended funds. Staff has prepared the r equisite Claim (Attachment A, page 6) for submittal to VCTC.
The C
ity Council is being asked to consider two staff reports this evening related to the State of Good Repair and State Transit Assistance funding. Each staff report requests separate action related to this funding. This staff report is the claim form to allocate the Transportation Development Act funds, State of Good Repair funds, and State Transportation Act funds with the VCTC. The second staff report related to this topic provides the City Manager with the authority to receive funding and identifies that the funding will be used for bus stop improvements.
AGENDA I
TEM NO.
Consent (5)
TRAN2248.SR.JK
FINDINGS AND ALTERNATIVES
TDA funds are comprised of two separate revenues: Local Transportation Fund (LTF) and State Transit Assistance (STA). LTF funds a wide variety of transportation programs, including planning and program activities, community transit services, public transportation, and bus and rail projects; however, STA funds can only be used for transportation planning and mass transportation purposes.
With respect to TDA/LTF, the state collects a ¼ cent sales taxes in every county. The funds are then returned to the county of origin, and within the county, are distributed to the cities and the county unincorporated based on population. If there is a transit district, it gets all the funds attributable to the cities within the district. VCTC has the oversight of the funds distribution. They also maintain a reserve amount of funds to cushion any downturns in the economy. The funds apportioned to Simi Valley must be used for transit.
The funds are flexible, and can be used for operating and capital. Additionally, the funds are used to provide the required local match for federal transit grants. Attachment B (page 11) shows the final FY2022-23 LTF apportionments of Article 4 provided by VCTC to unincorporated Ventura County and its ten cities. The amount for Simi Valley is $6,039,077.
State of Good Repair (SGR) funds are given to transit agencies based on their share of the state transit fares collected. Prior to receiving an apportionment of SGR program funds in a fiscal year, an agency must submit a list of proposed projects to the California Department of Transportation (DOT). DOT reports to State Controller’s Office the eligible agencies that will receive an allocation quarterly pursuant to Public Utilities Code sections 99313 and 99314. As noted in this report, Simi Valley Transit’s share of the funds is $12,400. SGR funds are made available for capital proj ects that maintain the public transit system in a state of good repair. Examples include replacement or rehabilitation of rolling stock, passenger bus stops, security, maintenance of facilities and equipment, and preventative maintenance.
State Transit A ssistance (STA) funds are allocated by formula to each “Transportation Planning Agency” (TPA), including the allocations to each transit operator. The TPA, in Simi Valley’s case, VCTC, distributes the funds in a manner similar to TDA. The STA funds can be used in a manner similar to TDA funds, and can be used for transit capital infrastructure and operational costs. The State allocation of STA funds for Simi Valley for FY 2022-23 was $98,244.
Attachment C (page 12), provided by the California State Cont roller’s Office (SCO), indicates the estimated FY 2022-23 allocation is $98,244 and $12,400 for STA and SGR, respectively. In addition, another $4,429.54 of STA funds carried over from FY2021-2022 is pending disbursement, resulting in total STA funding of $102,673.54.
2 TRAN2248.SR.JK
With the adoption of the attached resolution, the City Council authorizes the City Manager to execute and file the FY 2022- 23 TDA Claim with VCTC and allows the City Manager to amend the claim if needed to reallocate funds between the operational and capital needs of Simi Valley Transit.
The following alternatives are available to the City Council:
1. A dopt the attached Resolution No. 2022-65 (page 4) authorizing the City Manager to execute and file the FY 2022-23 Transportation Development Act Claim (Attachment A, page 6) for Article 4 funds, State Transportation Act funds, and State of Good Repair funds with the Ventura County Transportation Commission and authorize the City Manager to approve budget amendments r elated to the receipt of those funds;
2. Provide other direction to staff.
Staff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I move to adopt a R esolution No. 2022-65 authorizing the City Manager to execute and file the FY 2022-23 Transportation Development Act Claim , State Transportation Act funds, and State of Good Repair funds with the Ventura County Transpor tation Commission and authorize the City Manager to approve future budget amend ments associated with the receipt of the funds.
SUMMARY
The City’s FY 2022-23 TDA Claim includes the LTF apportionment of Article 4 of $6,039,077, estimated STA allocation of $98,244 and $4,429.54 of FY2021-22 funds from the prev ious year for a total of $102,673.54, and FY 2022-23 S tate of Good Repair allocation of $12,400. These funds are to be used solely for public transportation system activities. It is recommend ed that the City Council adopt R esolution No. 2022- 65 authorizing the City Manager to execute and file the FY 2022-23 Transportation Development Act Claim with the Ventura County Transportation Commission and authorize the City Manager to approve future budget amendments associated with the receipt of funds.
____________________________________
Ronald K. Fuchiwaki
Public Works Director
Prepared by: Tan Koehler, Management Analyst
INDEX Page
Resolution No. 2022-65 .................................................................... 4 Attachment A: FY 2022-23 TDA Claim and Assurances .................. 6 Attachment B: FY 2022-23 TDA LTF Apportionment Schedule ..... 11 Attachment C: FY 2022-23 STA/SGR Allocation Estimates ........... 12 3 TRAN2248.RES.JK
RESOLUTION NO. 2022-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY AUTHORIZING THE EXECUTION AND FILING
OF A CLAIM WITH THE VENTURA COUNTY
TRANSPORATION COMMISSION FOR ALLOCATION OF
TRANSPORTATION DEVELOPMENT ACT FUNDS FOR
FISCAL YEAR 2022-23
WHEREAS, the Transportation Development Act (TDA) , as amended (Public Utilities Code Section 99200, et seq.), provides for the allocation of funds from the Local Transportation Fund (LTF) and the State Transit Assistance (STA) Fund for use by eligible claimants for various transportation and transit purposes as allowed by TDA; and
WHEREAS, pursuant to the provisions of the TDA, as amended, and pursuant to the applicable rules and regulations hereunder (California Code of Regulations Sections 6600, et se q.), a pro spective claimant wishing to receive an allocation from the LTF and the STA fund shall file its claim with (VCTC); and
WHEREAS, the City of Simi Valley is eligible to receive TDA funds allocated from the LTF fund and STA fund; and
WHEREAS, the City of Simi Valley is desirous of utilizing these funds for Transit activities within the City of Simi Valley.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1
. The City Manager is authorized to execute and file an appropriate claim and further execute any amendments thereto as necessary to ensure the most effective allocation of funds pursuant to the applicable rules and regulations promulgated hereunder, together with all necessary supporting documents, with VCTC for an allocation of TDA funds in Fiscal Year 2022-23.
SECTION 2
. The authorized claim pursuant to Section 1 above for Article 4 public transportation purposes (PUC 99260) of $6,039,077 shall be allocated to the City’s Transit Fund for public transit expenditures , including administrative, operations, and capital costs , but not limited to rolling stock, equipment , facility modifications such as upgrades and improvements.
4 TRAN2248.RES.JK
RES. NO. 2022-65
SECTION 3
. The authorized claim, pursuant to Section 1 above, includes 100% of available State Transit Assistance (STA) funds according to the allocations published by the State Controller’s Office for local transportation planning and mass transportation purposes (PUC 99301).
SECTION 4
. The authorized claim , pursuant to Section 1 above, includes 100% of available State of Good Repair funds according to the amounts published by the State Controller’s Office (PUC 99313 and PUC 99314).
SECTION 5
. A copy of this resolution will be transmitted to the Ventura County Transportation Commission in conjunction with the filing of the claim.
SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED and ADOPTED this 5th day of December 2022.
Attest:
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
David L. Caceres, City Attorney Brian Paul Gabler, City Manager
Ronald K. Fuchiwaki
Public Works Director
5 ATTACHMENT A
Transportation Development Act
Form A - Claim Form
6 Transportation Development Act
Form C – Assurances
Line
1 Fiscal Year 2022/2023
2 Claimant City of Simi Valley
3 Article 4, STA and SGR
Claimant Assurances: (Initial Each Section Below OR N/A if not applicable to the claim) Initial Assurance
4 C1 180-Day Certified Fiscal Audit:
If VCTC does NOT have a TDA audit performed on behalf of the claimant , the claimant certifies that it has submitted a satisfactory, independent fiscal audit, with required certification statement, to VCTC and to the State Controller pursuant to PUC § 99245 & CCR § 6664, for the prior year (project year minus two). Claimant assures that this audit requirement will be completed for the current fiscal year (project year minus one).
Applies to All Claims: Article 3, 4, 4.5, 8(a), 8(c), STA and SGR 5 C2 Timely and Reviewed Fiscal Audits:
Claimant staff will make every effort to provide information to the auditors in a timely manner so that the audits can be completed before the 180 day requirement. Audits will be reviewed by claimant/agency staff and are the responsibility of the agency.
Applies to All Claims: Article 3, 4, 4.5, 8(a), 8(c), STA and SGR 6 C3 State Controller Annual Report
Claimant certifies that it has submitted a State Controller's report in conformance with the uniform system of accounts and reports, to VCTC and to the State Controller, pursuant to PUC § 99243, § 99245, CCR § 6637 and/or § 6665 as applicable, for the prior year (project year minus two). Claimant assures that this report will be completed for the current fiscal year (project year minus one) in a timely manner.
Applies to All Claims: Article 3, 4, 4.5, 8(a), 8(c), STA and SGR 7 C4 Passed-through TDA Funds Retain TDA Requirements:
Claimant certifies that any TDA funds received from another agency will remain classified as TDA even when passed -through from another agency.
These funds will be classified as TDA in the financial records and reported accordingly. These funds will retain TDA requirements.
Applies to All Claims: Article 3, 4, 4.5, 8(a), 8(c), STA and SGR 7 8 C5 Interest Accrual:
Claimant will accurately account for TDA revenues and expenses and accrue interest accordingly. Interest will be spent on allowable expenses.
Applies to All Claims: Article 3, 4, 4.5, 8(a), 8(c), STA and SGR 9 C6 Unmet Transit Needs:
Claimant certifies that all reasonable transit needs are satisfied and is eligible to receive Article 8(a) local streets and roads.
Applies to 8(a) (Streets and Roads)
10 C7 Revenue Ratios:
Claimant is responsible for preparing the revenue ratio calculation(s) and certifies that it intends to maintain for the project year a ratio of fare revenues to operating costs of at least (a) 20 percent if the claimant is serving an urbanized area, (b) 10 percent if the claimant is serving a non-urbanized area, or (c) as determined by VCTC pursuant to CCR § 6633.2(c) and PUC § 99268. If the required ratio is not met, the "non -compliance with required revenue ratios" outlined in the TDA regulations will be implemented.
Applies to 4, 4.5, 8 (transit), STA
11 C8 Revenue Ratios for Exclusive Services to Seniors and Disabled:
Claimant filing a claim pursuant to PUC 99268.5 certifies that, for the purpose of that claim, it provides services using vehicles for the exclusive use of elderly and handicapped persons.
Applies to 4, 4.5, 8 (transit), STA
12 C9 50-Percent Allocation and Alternative Method Limitation:
The expenditure of the funds received by an operator, city or county may in no year exceed 50 percent of the amount required to meet operating, maintenance, and capital and debt service requirements of the system after deduction therefrom of approved fede
ral grants estimated to be received.
Alternatively, the operator may by allocated additional funds that could not be allocated to it because of those requirements, if it maintains, for the fiscal year, a ratio of fare revenues to operating costs as define d by § 99247 (see PUC § 99268.1, § 99268.2 and § 99405 and CCR § 6633.1).
Applies to 4, 4.5, 8 (transit), STA
13 C10 Retirement System or Private Pension Plan:
8 Claimant filing a claim pursuant to PUC § 99260 certifies that (a) the current cost of its retirement system is fully funded with respect to the officers and employees of its public transportation system (PUC § 99271(a)); or (b) the operator is implementing a plan approved by VCTC which will fully fund the retirement system for such officers and employees within 40 years (PUC § 99271(a)); or (c) the operator has a private pension plan which sets aside and invests, on a current basis, funds sufficient to provide for the payment of future pension benefits and which is fully compliant with the requirements stated in PUC § 99272 and § 99273.
Applies to 4, 4.5, 8 (transit)
14 C11 Use of Federal Funds:
Claimant certifies that it is making full use of federal funds available under the FTA Act in accordance with PUC § 99286.7,CCR § 6754(a)(3) and/or § 6634 as applicable.
Applies to 4, 4.5, 8 (transit), STA
15 C12 Staffing:
Claimant certifies that it is in compliance with PUC § 99264 that it does not routinely staff, with two or more persons, a vehicle for public transportation purposes designed to be operated by one person.
Applies to 4, 4.5, 8 (transit)
16 C13 Reduced Fares:
Claimant certifies that if it offers reduced fares to seniors, the same reduced rate is offered to disabled persons and disabled veterans (PUC § 99155).
Claimant further assures that it will honor the federal Medicare identification card or a card issued pursuant to § 22511.55 of the Vehicle Code as sufficient identification to receive reduced fares.
Applies to 4, 4.5, 8 (transit)
17 C14 CHP Certification:
Claimant certifies that, it has on file a California Highway Patrol Certification having been conducted in the last 13 months indicating their compliance with § 1808.1 of the Vehicle Code.
Applies to 4, 4.5, 8 (transit), STA
18 C15 Accessible Vehicles:
9 Claimant certifies that it is in compliance with PUC § 99155.5 regarding dial-a- ride and paratransit services being accessible to handicapped persons, and that the service be provided to persons without regard to vehicle ownership and place of residence.
Applies to 4, 4.5, 8 (transit)
19 C16 Budget Increase of 15% or more
Claimant certifies that the transit operator's operating budget has not increased more than 15% over the preceding year, and does not include a substantial increase or decrease in the scope of operations or capital budget provisions for major new fixed facilities.
If the budget does include such
changes, documentation is attached that identifies and substantiates the reason or need for the changes (PUC § 99266, § 99268 and CCR § 6633.1 and § 6632).
Applies to 4, 4.5, 8 (transit)
20 C17 Part-Time Employees
Claimant certifies that in accordance with PUC § 99243 and it is not precluded from employing part -
time drivers or contracting with common carriers of
persons operating under a franchise or license. Claimant further certifies that no person who was a full -time employee on June 28, 1979, shall have his or her employment terminated or his or her regular hours of employment, excluding overtime, reduced as a result of it employing part -time drivers or contracting with such common carriers.
Applies to STA (transit)
21 C18 Operator's Qualifying Criteria
Claimant certifies that it meets and will maintain the efficiency standards pursuant to PUC § 99314.6 when claiming State Transit Assistance funds for transit operations.
Applies to STA (transit)
The undersigned herby certifies that the above statements are true and correct. 22 Authorizing Signature:
23 Print Name and
Title: Brian Paul Gabler, City Manager/City of Simi Valley 24 Date:
10 ATTACHMENT B
11 ATTACHMENT C
12 13