HomeMy WebLinkAboutItem 1a - Memorandum of Understanding among Southern California Association of Governments, Los Angeles County Metropolitan Transportation Authority, and Los Angeles County Transit Operators
Date: May 1, 2018
To: Honorable Mayor and City Council
From: Jason Kruckeberg, Assistant City Manager/Development Services Director
Philip A. Wray, Deputy Director of Development Services/City Engineer
By: Linda Hui, Transportation Services Manager
Subject: RESOLUTION NO. 7214 AUTHORIZING THE CITY MANAGER TO
EXECUTE A MEMORANDUM OF UNDERSTANDING AMONG THE
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS, THE
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION
AUTHORITY, AND THE LOS ANGELES COUNTY TRANSIT OPERATORS
Recommendation: Adopt
SUMMARY
Resolution No. 7214 authorizes the City Manager to execute a Memorandum of
Understanding (“MOU”) with the Southern California Association of Governments
(“SCAG”), the Los Angeles Metropolitan Transportation Authority (“Metro”), and Los Angeles County Transit Operators (which includes the City of Arcadia), to cooperatively
determine their mutual responsibilities in carrying out metropolitan transportation
planning and programming processes. The MOU will permit SCAG and Metro to
continue cooperative planning and programming protocols with local transit operators to
coordinate and implement regional transportation projects. This agreement will make continued funding for planning and operating the Arcadia Transit system possible,
among other things. Therefore, it is recommended that the City Council adopt
Resolution No. 7214.
BACKGROUND
Pursuant to Title 23, United States Code Section 134 et seq., Title 49, United States
Code Section 5303 et seq., and Title 23, Code of Federal Regulations (“CFR”) Section 450 et seq., SCAG is responsible for maintaining a continuing, cooperative, and
comprehensive transportation planning process which involves preparation, adoption
and update of a Regional Transportation Plan (“RTP”). Metro is a County
Transportation Commission created pursuant to Public Utilities Code Section 130050
Resolution No. 7214 May 1, 2018
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and is charged with approval of all projects in Los Angeles County utilizing federal and state highway and transit funds, and is responsible for transportation programming and
long and short range transportation planning in Los Angeles County. As an included
transit operator of the 17-member Metro Bus Operators Subcommittee, the City of
Arcadia receives capital funds for the Arcadia Transit system. As a designated recipient of federal capital funds, the City identifies capital transit projects for inclusion in the Regional Transportation Improvement Program (“RTIP”), which Metro coordinates and
recommends to SCAG.
From time to time, it is necessary to enter into or amend memoranda of understanding among involved agencies. In 2007, to coordinate metropolitan transportation planning in accordance with federal law, SCAG entered into a Memorandum of Understanding with
providers of public transportation services in the region, including Metro and the Los
Angeles County Transit Operators. The 2007 MOU outlined a transit operator’s
responsibility to coordinate with SCAG and Metro regarding their capital and operating needs, and the submittal of projects for inclusion into the RTP and RTIP for Los Angeles County.
DISCUSSION
Since 2007, there have been many updates in regulations and legislation that add to the
regional agencies’ responsibilities. Thus, SCAG now seeks to update and enter into a
new Memorandum of Understanding to supersede and replace the 2007 MOU. This
MOU reflects the most recent metropolitan transportation planning regulations as set forth under 23 CFR Section 450.314, which requires SCAG, the State, and providers of
public transportation to cooperatively determine their mutual responsibilities in carrying
out the metropolitan transportation planning process, including specific provisions for
the development of financial plans that support the RTP and Federal Transportation
Improvement Program, and the development of the annual listing of obligated projects.
This MOU also reflects the requirements of Government Code Section 65080(b) et seq.,
which require SCAG to prepare a Sustainable Communities Strategy for incorporation into
the RTP that demonstrates how the region will meet its greenhouse gas reduction targets as set forth by the California Air Resources Board. These new regulations affect the City as a provider of public transit as well as the recipient of federal and state funding. Entering
into this MOU will provide all involved agencies their respective responsibilities in the
planning and implementation of transportation projects.
ENVIRONMENTAL IMPACT
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA.
Resolution No. 7214 May 1, 2018
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FISCAL IMPACT
The City of Arcadia receives federal funds to purchase capital equipment, including
replacement buses for the Arcadia Transit system, and program funds through Metro and SCAG. This MOU enables the City to access these federal funds.
RECOMMENDATION
It is recommended that the Arcadia City Council approve Resolution No. 7214
authorizing the City Manager to execute a Memorandum of Understanding among the
Southern California Association of Governments, the Los Angeles County Metropolitan
Transportation Authority, and the Los Angeles County Transit Operators for cooperative
planning and programming protocols.
Attachment: Resolution No. 7214
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Memorandum of Understanding
Among the Southern California Association of Governments, the Los Angeles County
Metropolitan Transportation Authority, and Los Angeles County Transit Operators
This Memorandum of Understanding (MOU), is entered into and effective this _______ day of
_________, 2018, among the Southern California Association of Governments (SCAG), the Los
Angeles Metropolitan Transportation Authority (Metro), and Los Angeles County Transit
Operators, to cooperatively determine their mutual responsibilities in carrying out the
metropolitan transportation planning and programming processes, in accordance with 23 CFR
450.314. The undersigned Los Angeles County Transit Operators include the transit operators
and paratransit operator operating in Los Angeles County, and are collectively referred to herein
as the “Transit Operators.” SCAG, Metro, and Transit Operators are referred to herein
individually as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, SCAG is a Joint Powers Agency formed pursuant to Section 6502 of the California
Government Code;
WHEREAS, SCAG is the designated Metropolitan Planning Organization (MPO) for the
counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura, pursuant to
Title 23, United States Code Section 134(d);
WHEREAS, SCAG is responsible for maintaining a continuing, cooperative, and comprehensive
transportation planning process which involves preparation, adoption and update of a Regional
Transportation Plan (RTP) pursuant to Title 23, United States Code Section 134 et seq., Title
49, United States Code Section 5303 et seq., and Title 23, Code of Federal Regulations (CFR)
Section 450 et seq.;
WHEREAS, SCAG is the multicounty designated transportation planning agency pursuant to
Public Utilities Code Section 130004 and California Government Code Section 29532, and is
responsible for preparation, adoption and update of the RTP every four years pursuant to California
Government Code Section 65080 et seq.;
WHEREAS, pursuant to Senate Bill (SB) 375 (Steinberg, 2008) as codified in Government Code
Section 65080(b) et seq., SCAG is also required to prepare a Sustainable Communities Strategy
(SCS) for incorporation into the RTP that demonstrates how the region will meet its greenhouse
gas (GHG) reduction targets as set forth by the California Air Resources Board (ARB);
WHEREAS, the SCAG Regional Transportation Plan/Sustainable Communities Strategy
(RTP/SCS) sets forth the long-range regional plans and strategies for transportation
improvements and regional growth throughout the SCAG region;
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WHEREAS, the RTP/SCS consists of a financially constrained plan and strategic plan. The
constrained plan includes projects that have committed, available or reasonably available
revenue sources, and are thus probable for implementation. The strategic plan is for
information purposes only and identifies potential projects that require additional study,
consensus building, and identification of funding sources before making the decision as to
whether to include these projects in a future RTP/SCS constrained plan;
WHEREAS, SCAG is further responsible for preparing and adopting the Federal Transportation
Improvement Program (FTIP) (known as the regional transportation improvement program under
state law) every two years pursuant to Government Code Sections 14527 and 65082, and Public
Utilities Code Section 130301 et seq.;
WHEREAS, in non-attainment and maintenance areas for transportation-related criteria pollutants,
the MPO, as well as the Federal Highway Administration (FHWA) and Federal Transit
Administration (FTA), must make a conformity determination on any updated or amended RTP in
accordance with the federal Clean Air Act to ensure that federally supported highway and transit
project activities conform to the purpose of the State Implementation Plan (SIP);
WHEREAS, pursuant to Government Code Section 65080(b)(2)(F) and federal public participation
requirements including 23 CFR Section 450.316(b)(1)(iv), SCAG must prepare the RTP/SCS by
providing adequate public notice of public involvement activities and time for public review. The
SCAG Public Participation Plan serves as a guide for SCAG’s public involvement process,
including the public involvement process to be used for the RTP/SCS and an enhanced outreach
program that incorporates the public participation requirements under SB 375 and adds strategies
to better serve the underrepresented segments of the region;
WHEREAS, in 2007, to coordinate metropolitan transportation planning in accordance with
federal law, SCAG entered into Memoranda of Understanding with providers of public
transportation in the region, including County Transportation Commissions (CTCs) and Transit
Operators (referred to herein as “2007 MOUs”);
WHEREAS, SCAG now seeks to update and enter into a new Memoranda of Understanding to
supersede and replace the 2007 MOU. This MOU reflects the most recent metropolitan
transportation planning regulations as set forth under 23 CFR Section 450.314, which requires
SCAG, the State and providers of public transportation to cooperatively determine their mutual
responsibilities in carrying out the metropolitan transportation planning process, including
specific provisions for the development of financial plans that support the RTP and FTIP and
development of the annual listing of obligated projects;
WHEREAS, SCAG has entered into a separate Memorandum of Understanding with the State
of California Department of Transportation, updated and effective July 7, 2017, in accordance
with 23 CFR Regulations Section 450.314;
WHEREAS, Metro is a County Transportation Commission created pursuant to Public Utilities
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Code Section 130050 and is charged pursuant thereto for approval of all projects in Los
Angeles County utilizing federal and state highway and transit funds and is responsible for
transportation programming and long and short range transportation planning in Los Angeles
County;
WHEREAS, Metro is the regional transit operator for Los Angeles County, created pursuant to
Public Utilities Code section 130050; and the undersigned Transit Operators set forth in Exhibit
“A,” provide transit service within Los Angeles County; and
WHEREAS, the Parties desire to utilize this MOU to specify cooperative procedures for carrying
out the metropolitan transportation planning process as required by 23 CFR 450.314 and any
successors thereto, and as may be subject to any final rulemaking.
NOW, THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS
PROVIDED FOR THEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:
Section I
PLANNING AND COORDINATION PROCESS
1.1 SCAG's Role: SCAG is the agency with the overall responsibility for continuous,
comprehensive and coordinated regional transportation planning in the six county SCAG
region. In accordance with applicable federal and state laws these responsibilities
primarily include but are not limited to preparation and adoption of the RTP/SCS and
FTIP.
1.2 Metro's County Transportation Commission Role: Metro is responsible for
continuous, comprehensive and coordinated transportation planning and project
implementation within Los Angeles County. These responsibilities include but are not
limited to the development and adoption of the Long Range Transportation Plan (LRTP)
and County Transportation Improvement Program (TIP) for Los Angeles County,
development of corridor and sub-regional studies, and for allocating transit funds to Los
Angeles County transit operators. Metro will coordinate with Transit Operators in
meeting its countywide transportation planning responsibilities. Metro is also responsible
for ensuring that the transit projects, plans and programs identified in Metro's LRTP and
County TIPs for Los Angeles County are recommended to SCAG for inclusion in the
RTP/SCS, FTIP, and regional transportation studies.
1.3 Transit Operators' Role: Transit Operators are responsible for coordinating with Metro
regarding their capital and operating needs and submittal of projects for inclusion into
the LRTP and TIP for Los Angeles County.
1.4 Certification and Assurances: In carrying out their respective responsibilities under
this MOU, each Party shall comply with the requirements and any successors thereto,
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referenced in SCAG’s annual Certifications and Assurances (FHWA and FTA
“Metropolitan Transportation Planning Process Certification”) submitted as part of
SCAG’s Overall Work Program, including but not limited to:
a. Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d–1) and 49
CFR part 21 and related federal guidelines including but not limited to FTA Circular
4702.1;
b. 49 U.S.C. 5332, prohibiting discrimination on the basis of race, color, creed, national
origin, sex, or age in employment or business opportunity;
c. Section 1101(b) of the FAST Act (Pub. L. 114-94) and 49 CFR part 26 regarding the
involvement of disadvantaged business enterprises in USDOT funded projects;
d. 23 CFR part 230, regarding the implementation of an equal employment opportunity
program on Federal and Federal-aid highway construction contracts;
e. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) and 49 CFR parts 27, 37, and 38;
f. The Older Americans Act, as amended (42 U.S.C. 6101), prohibiting discrimination
on the basis of age in programs or activities receiving Federal financial assistance;
g. Section 324 of title 23 U.S.C. regarding the prohibition of discrimination based on
gender; and
h. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 49 CFR part 27
regarding discrimination against individuals with disabilities.
1.5 Coordination Process: SCAG shall engage in a consultative process with Metro and
Transit Operators in accordance with applicable federal and state laws and regulations,
and successors thereto, pertaining to the roles and responsibilities of the Parties in
metropolitan transportation planning.
a. SCAG shall provide timely notice of the opportunity to comment on its Draft RTP and
Draft FTIP to the Parties and the opportunity to participate in Overall Work Program
development.
b. SCAG shall continue maintaining the Regional Transit Technical Advisory Committee
or a successor group, to provide a forum for Metro, other CTCs, and Transit
Operators, to participate in the metropolitan transportation planning process.
c. Metro agrees to participate in SCAG's Technical Working Group or any successor
group established to serve the same function which shall also serve as a forum to
ensure that local transportation projects, plans and programs are effectively
integrated into the RTP/SCS and FTIP updates.
d. The Executive Officers of SCAG and the CTCs shall continue to meet regularly to
ensure executive coordination of regional/county/local transportation issues,
including issues regarding transit coordination.
e. Metro and Transit Operators, with the exception of Access Services Inc., will
participate in the Bus Operations Subcommittee of the Metro Technical Advisory
Committee or any successor group as a forum for ensuring that Transit Operators'
plans, programs, studies, and other issues are integrated into the county and
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regional transportation planning process.
f. Access Services Incorporated (ASI), the Consolidated Transportation Services
Agency for Los Angeles County and the administrator of the Los Angeles County
Coordinated Paratransit Plan, shall participate in the Local Transit Service
Subcommittee of the Metro Technical Advisory Committee or any successor group
as a forum for ensuring that Transit Operators' plans, programs, studies, and other
issues are integrated into the county and regional transportation planning process.
g. Metro and Transit Operator general managers shall participate in the General
Manager's Group or any successor group as a forum for executive coordination,
ensuring that Transit Operators' plans, programs, studies, and other issues are
integrated into the county and regional transportation planning process.
h. Metro shall provide Transit Operators the opportunity to include projects in the LRTP
and TIP for Los Angeles County. Projects and programs adopted by the Metro
Board in the Los Angeles County LRTP and TIP shall be submitted to SCAG and
recommended for inclusion in the RTP/SCS and FTIP, respectively.
i. The Parties shall cooperatively develop an annual listing of projects for which funds
under 23 U.S.C. or 49 U.S.C. Chapter 53 were obligated in the preceding program
year, in accordance with 23 CFR 450.334.
j. The Parties shall cooperatively develop estimates of funds that will be available to
support RTP/SCS implementation, and reasonable financial principles and
information that support revenue and cost estimates, to be used in the RTP/SCS and
FTIP financial plan, in accordance with 23 CFR 450.324(f)(11).
k. The Parties agree to collaborate to implement federal performance reporting and
performance-based planning provisions in accordance with 23 CFR
450.306(d)(2)(iii), and subject to applicable final rulemaking. The Parties further
agree to coordinate to the maximum extent practicable in the selection of
performance targets, and will cooperatively develop and share information related to
transportation performance data, the selection of performance targets, the reporting
of performance targets, and the reporting of performance to be used in tracking
progress toward attainment of critical outcomes for the SCAG region, in accordance
with 23 CFR 450.314(h)(1).
l. To aid in the planning process, Metro and Transit Operators shall make available to
SCAG their Transit Asset Management Plan and any supporting records or
documents, performance targets, investment strategies, and the annual condition
assessment report required under 49 CFR 625.55, upon request of SCAG and in
accordance with the RTP/SCS development schedule, in order to fulfill requirements
of 49 CFR 625.53 and any successors thereto.
m. SCAG shall integrate in the metropolitan transportation planning process, directly or
by reference, the goals, objectives, performance measures, and targets described in
the Transit Asset Management Plans and Public Transportation Agency Safety Plans
developed by providers of public transportation, in accordance with 23 CFR
450.306(d)(4).
n. Transit Operators may choose to rely on SCAG’s public participation process
associated with the FTIP development to satisfy the requirement for public
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participation in developing the FTA Section 5307 program of projects (POP). SCAG
agrees to incorporate in the FTIP document(s) an explicit statement reflecting that
public notice of public involvement activities and time established for public review
and comment on the FTIP will satisfy the POP requirements of the Section 5307
Program.
Section 2
General Provisions
2.1 Term of Agreement: This MOU shall be effective as to each Party on the date such
Party executes this MOU, and continues in full force until such Party withdraws from this
MOU pursuant to Section 2.5 below or this MOU is terminated by SCAG upon thirty (30)
days prior written notice. This MOU shall supersede and replace all prior agreements
including but not limited to the 2007 MOU between the Parties concerning metropolitan
planning agreements required to be developed pursuant to 23 CFR 450.314 and
predecessors thereto.
2.2 Drafting: This MOU has been prepared by all Parties and has been reviewed and
endorsed by each.
2.3 Amendments: This MOU may be amended only by the execution by all Parties of a
written amendment.
2.4 Indemnity: Each of the Parties to this MOU is a public entity. Pursuant to Government
Code Section 895.4, each Party shall indemnify, defend and hold each of the other
Parties, and their respective officers, agents and employees harmless from and against
any liability and expenses, including defense costs, any costs or liability on account of
bodily injury, death or personal injury of any person or for damage to or loss of property,
any legal fees and any claims for damages attributable only to performance of the
responsibilities as set forth in Section 1 (Planning and Coordination Process) of this
MOU by the indemnifying Party (Indemnitor) or its officers, agents employees,
contractors and subcontractors under this MOU, except to the extent caused by the
negligence or willful misconduct of an indemnified Party (Indemnitee).
2.5 Withdrawal: Any Party may withdraw from this MOU upon ninety (90) days written
notice to each Party, providing that the notice of withdrawal set forth the effective date of
withdrawal and the reason for withdrawal. Additionally, the notice of withdrawal shall
provide that the Parties during the period prior to the effective date of withdrawal shall
meet to try to resolve any dispute. In the event that the withdrawal is for cause, the
withdrawal shall not be effective if the Party cures the default in its performance within
the ninety day period. SCAG shall notify FTA of the withdrawal from this MOU of any
Party.
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2.6 Jurisdiction and Venue: This MOU shall be deemed an Agreement under the laws of
the State of California and for all purposes shall be interpreted in accordance with such
laws. All Parties hereby agree and consent to the exclusive jurisdiction of the courts of
the State of California and that the venue of any action brought hereunder shall be in
Los Angeles County, California.
2.7 Non-assignment: No Party may assign this MOU, or any part thereof, without the
written consent of each Party to this MOU.
2.8 Notice: Any notice or notices required or permitted to be given pursuant to this MOU
may be personally served on the other Party by the Party giving such notice, or may be
served by certified mail, return receipt requested, to the following addresses:
Executive Director
Southern California Association of Governments
900 Wilshire Blvd., Ste. 1700
Los Angeles, California 90017
Chief Executive Officer
Los Angeles County Metropolitan Transportation Authority
One Gateway Plaza
Los Angeles, California 90012-2952
Los Angeles County Transit Operators (See Exhibit “A”)
Each undersigned Party agrees to notify the other Parties of any changes to the address
for receipt of Notices.
2.9 Order of Precedence: In the event of a conflict between and among this MOU and
Exhibit “A,” the order of precedence shall be:
Amendments to the MOU
MOU
Exhibit “A”
2.10 Execution of Agreement or Amendments: This MOU, or any amendment related
thereto (Amendment), may be executed in multiple counterparts, each of which shall be
deemed to be an original, but all of which shall constitute one and the same agreement.
The signature page of this MOU or any Amendment may be executed by way of a
manual or authorized digital signature. Delivery of an executed counterpart of a
signature page to this MOU or an Amendment by electronic transmission scanned pages
shall be deemed effective as a delivery of a manually or digitally executed counterpart to
this MOU or any Amendment.
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IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their duly
authorized representatives on the dates set forth below.
The Southern California Association of Governments (“SCAG”)
By:
Date:
Hasan Ikhrata
Executive Director
Approved as to Form:
Date:
Joanna Africa
Chief Counsel/Director of Legal Services
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Los Angeles County Metropolitan Transportation Authority (“Metro”)
By:
Date:
Approved as to Form:
Date:
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Antelope Valley Transit Authority
By:
Date:
Approved as to Form:
Date:
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Arcadia Transit
By:
Date:
Approved as to Form:
Date:
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Beach Cities Transit
By:
Date:
Approved as to Form:
Date:
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Claremont Dial-A-Ride
By:
Date:
Approved as to Form:
Date:
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Commerce Municipal Bus Lines
By:
Date:
Approved as to Form:
Date:
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The City of Culver City
Culver City Bus
By:
Date:
Approved as to Form:
Date:
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Foothill Transit
By:
Date:
Approved as to Form:
Date:
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City of Gardena’s GTrans
By:
Date:
Approved as to Form:
Date:
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La Mirada Transit
By:
Date:
Approved as to Form:
Date:
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Los Angeles Department of Transportation (LADOT)
By:
Date:
Approved as to Form:
Date:
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Long Beach Transit
By:
Date:
Approved as to Form:
Date:
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Montebello Bus Lines
By:
Date:
Approved as to Form:
Date:
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City of Norwalk
Norwalk Transportation Department
By:
Date:
Approved as to Form:
Date:
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City of Santa Clarita/Santa Clarita Transit
By:
Date:
Approved as to Form:
Date:
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City of Santa Monica’s Big Blue Bus
By:
Date:
Approved as to Form:
Date:
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City of Torrance,
a Municipal Corporation
By:
Date:
Approved as to Form:
Date:
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Access Services, Incorporated
By:
Date:
Approved as to Form:
Date:
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EXHIBIT A
Los Angeles County Transit Operators
Executive Director
Antelope Valley Transit Authority
42210 6th Street West
Lancaster, CA 93534
Community Services Director
La Mirada Transit
13700 La Mirada Bl.
La Mirada, CA 90638
Assistant City Manager
Arcadia Transit
PO Box 60021
Arcadia, CA 91066
General Manager; Chief of Transit Programs
LADOT
100 S. Main St.,10th Floor
Los Angeles, CA 90012
Transit Manager
Beach Cities Transit
415 Diamond St.
Redondo Beach, CA 90277
President and CEO
Long Beach Transit
1963 E. Anaheim St.
Long Beach, CA 90813
Director of Community Services
Claremont Dial-A-Ride
207 Harvard Ave.
Claremont, CA 91711
Director of Transportation
Montebello Bus Lines
400 S. Taylor Ave.
Montebello, CA 90640
Director of Transportation
Commerce Municipal Bus Lines
5555 Jillson St.
Commerce, CA 90040
Director of Transportation
Norwalk Transit Systems
12650 E. Imperial Hwy.
Norwalk, CA 90650
Transportation Director
Culver City Bus
4343 Duquesne Av.
Culver City, CA 90232
City Manager
Santa Clarita Transit
28250 Constellation Rd
Santa Clarita, CA 91355
Executive Director
Foothill Transit
100 South Vincent Ave.
Suite 200
West Covina, CA 91790
Director of Transit Services
City of Santa Monica’s Big Blue Bus
1660 Seventh Street
Santa Monica, CA 90401
Director of Transportation
City of Gardena’s GTrans
13999 S. Western Ave.
Gardena, CA 90249
General Manager
Torrance Transit
20500 Madrona Ave.
Torrance, CA 90503
Executive Director
Access Services Incorporated
3449 Santa Anita Ave., 2nd Floor
El Monte, CA 91731