All items on the consent agenda are considered to be routine and non-controversial by COG staff and will be approved by one motion if no member of the Policy Board or public wishes to comment or ask questions.  If comment or discussion is desired by anyone, the item will be removed from the consent agenda and will be considered in the listed sequence with an opportunity for any member of the public to address the Policy Board concerning the item before action is taken.

Summary:  The CPA firm Price Paige and Co. has provided draft versions of three separate fiscal year 2017-18  financial and compliance audits for Fresno COG, the Regional Transportation Mitigation Fee (RTMF) and the Fresno County Rural Transit Agency. Copies of each audit will be available at the meeting and at fresnocog.org.

Staff has reviewed the drafts and agrees with the presentations; however, various format issues are still being addressed. The reports will satisfy federal and state funding agencies' requirements.  

Fresno COG's report details that the agency managed its operations according to funding covenants, within budget and reported no findings of noncompliance. Total revenues were $8,984,737 and total expenses were $9,127,135, resulting in a budgeted decrease of $142,398. Total fund balances at year-end were $1,268,045. Acquisition of capital assets net of depreciation was $19,932 resulting in a decrease of $122,466 in net position.

The RTMF report details only Fresno COG's administrative portion of the fee and does not consider total collections, which are forwarded to the Transportation Authority and recognized as revenue at that agency. For informational purposes, Fresno COG collected $4,787,085 in RTMF fees over fiscal year 2017-18. Administrative fees totaled $50,892. Total expenses were $40,293, increasing the fund balance $10,599 to $34,586. 

Fresno County Rural Transit Agency's operating revenues were $595,100 and operating expenses were $7,173,739, which includes $2,240,662 for depreciation. Non-operating revenues were $4,337,977; however, when depreciation is netted out, revenues and expenses are in balance. Capital contributions net of depreciation were $790,337, resulting in an ending net position of $9,070,881. The fare revenue ratio of 12.06 percent is in compliance with state Transportation Development Act statute requirements of 10 percent.

Action: Information. The Policy Board may provide further direction at its discretion.

1.

Fiscal Year 2019-20 Preliminary Local Transportation Fund (LTF) Estimates (Les Beshears) [INFORMATION]

2.

Fiscal Year 2019-20 Preliminary State Transit Assistance Fund (STA) Estimates (Les Beshears) [INFORMATION]

3.

Fiscal Year 2019-20 Preliminary State of Good Repair Fund Estimates (Les Beshears) [INFORMATION]

4.

Fiscal Year 2018-19 Preliminary Low Carbon Transit Operations (LCTOP) Estimates (Les Beshears) [INFORMATION]

Summary:  Fresno COG's Board formed the Social Services Transportation Advisory Council (SSTAC) in May 1988 to: respond to State legislation and coordinate social service transportation; assist the Fresno COG Board in identifying transit needs throughout Fresno County; review and recommend action for Fresno COG to address at its unmet transit needs hearing and; advise Fresno COG on other major transit issues.  The Fresno COG Board appoints SSTAC members for a term of three years.

SSTAC new member appointments to the Council are:

Robert Mesel, Fresno Area Express-Handy Ride.  Replaces Carlos Duarte.

Brian Spaunhurst, Fresno County, Planner I.  Replaces Harpreet Kooner.

Article III, Section 99238 of the Transportation Development Act requires a minimum number of SSTAC members in specific categories. There is no maximum membership number specified in TDA and in the interest of diversity, staff is seeking additional nominations. Specifically, staff is seeking members who represent minority groups, social service providers for seniors and potential transit users.  A complete list of SSTAC members is included in your agenda package.

Action:  Staff and TTC/PAC recommend the Policy Board approve appointments for two new members to SSTAC.

Summary:  The productivity evaluation is conducted annually to assess transit operators that receive State Transportation Development Act funds and to recommend potential productivity improvements. California Public Utilities Code 99244 requires that “each transportation planning agency ... annually identify, analyze, and recommend potential productivity improvements which could lower the operational costs of transit operators who operate at 50 percent of their vehicle service miles…within the area under its jurisdiction.  If the responsible entity determines that the operator has not made a reasonable effort to implement the recommended improvements, then local transportation funds cannot exceed the appropriation from the prior year."

The fiscal year 2018 Productivity Evaluation assesses the following transit agencies:

1. Fresno Area Express and Handy Ride
2. Clovis Stageline and Roundup
3. Fresno County Rural Transit Agency
4. Consolidated Transportation Services Agencies for the metropolitan and rural areas.

The Social Services Transportation Advisory Council (SSTAC) reviewed and accepted the fiscal year 2018 Transit Productivity Report on January 15, 2019. 

Action:  Staff and TTC/PAC recommend the Policy Board accept the fiscal year 2018 Transit Productivity Evaluation Report.

Summary:  In May 2018, the Policy Board approved the Sustainable Infrastructure Planning Grant Program project and funding recommendations. FCRTA received $160,556 in Cycle 2 funding for a combination of two operational plans, expanding FCRTA rural transit service and creating a regional network of rural transit services.

Fresno COG released a RFP on December 3, 2018, for consultant services and received a proposal from Walker Consultants.  A selection committee reviewed and interviewed Walker Consultants and chose to contract with them as the preferred consultant. 

Action: Staff and TTC/PAC recommend that the Policy Board authorize Fresno COG’s Executive Director to enter into a contract for $160,556 with Walker Consultants for FCRTA’s Analysis and Operational Plan for Rural Transit Services, as awarded in the Sustainable Infrastructure Planning Grant Program.

Summary: The California Department of Housing and Community Development (HCD) has finalized its SB 2 Planning Grants Program Guidelines. The Notice of Funding Availability is expected to be released in March 2019.

In addition to the planning grants, HCD and the Governor's Office of Planning and Research will be providing technical assistance to help jurisdictions prepare and engage in planning activities that will accelerate housing production.

For more information, visit the SB 2 Planning Grant webpage.

Action: Information. The Policy Board may provide further direction at its discretion.

Summary: The American Planning Association California-Central Section has opened the 2019 San Joaquin Valley Blueprint Awards' call for nominations. The program encourages quality in planning and development by recognizing outstanding achievements and practices in the built environment. In recognizing and celebrating projects that reflect the Blueprint principles, the association hopes to provide visual examples of attractive, functional and environmentally friendly projects that could have relevance throughout the Valley.

Awards will be presented at the 14^th Annual San Joaquin Valley Spring Policy Conference in a luncheon ceremony on May 8, 2019, at the Tachi Palace Hotel in Lemoore, CA.

The full nomination packet and award criteria are available at http://www.fresnostate.edu/academics/oced/documents/PACKET_2019%20Blueprint%20Awards_Call%20for%20Nominations.pdf

Action: Information. The Policy Board may provide further direction at its discretion.

Summary: Kings County Association of Governments will host the 14th annual San Joaquin Valley Policy Conference May 8-10, 2019 at Tachi Palace Hotel & Casino in Lemoore. Registration and hotel reservations will open in early February. More information will be coming soon at www.sjvcogs.org. 

Action: Information. The Policy Board may provide further direction at its discretion.

Summary: Fresno COG is proposing a Draft 2019 Federal Transportation Improvement Program Amendment No. 3 (2019 FTIP Amendment No. 3) a Draft 2018 Regional Transportation Plan Amendment No. 1 (2018 RTP Amendment No. 1), and a Draft 2015 Ozone Conformity Analysis. Referenced documents are available on Fresno COG's website at fresnocog.org.

A 30-day public review and comment period began January 14 and ended on February 13, 2019. A public hearing was held on Tuesday, January 29, 2019, at 5:00 p.m.  No comments were received.

The attached memo was sent to all Interagency Consultation Partners on February 7, 2019, notifying the public and all interested partners that the adoption date for the proposed 2019 FTIP Amendment No. 3, 2018 RTP Amendment No. 1, and 2015 Ozone Conformity Analysis previously scheduled for Policy Board consideration on February 28, 2019, has been postponed.  The documents are now scheduled for adoption at the March 28, 2019, Fresno COG Policy Board meeting.

Please contact Suzanne Martinez at (559) 233-4148 x240 or smartinez@fresnocog.org with any questions. 

Action: Information. The Policy Board may provide further direction at its discretion.

Summary: The California Department of Housing and Community Development (HCD) released its new Housing Element Annual Progress Report (APR) form and instructions.

Cities and counties must use the new APR form when submitting their 2018 reports, which are due April 1, 2019.

The new APR form and instructions include feedback from stakeholders who attended HCD's 2018 open house forums or sent comments during the public comment period. The data in the new APR form will allow for a more complete understanding of California's housing production. SB 35 and AB 879 (2017) added new data requirements to the Housing Element APRs.

Cities and counties with a compliant housing element and up-to-date APR submissions gain access to SB 2 Building Homes and Jobs Act funds and SB 1 Caltrans Transportation Planning Grants. 

HCD recorded a webinar on January 29, 2019, for those who want to learn more about the new APR form and provide input on tools for completing reports. The recording should be available on HCD’s website soon.

For more information, please visit HCD's Housing Elements webpage or email questions to APR@hcd.ca.gov.

Action: Information. The Policy Board may provide further direction at its discretion.

Summary: Fresno COG has active contracts with VRPA Technologies, Inc. (VRPA) and Willdan Associates (Willdan) to provide planning and engineering services through Fresno COG's Circuit Planner and Circuit Engineer Programs. The Circuit Planner and Circuit Engineer teams provide mechanisms for agencies to identify and help eliminate obstacles in project funding or delivery and possibly complete smaller transportation-related projects that support the Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). This way, an agency’s own staff/consultant teams can remain focused on larger or higher-profile projects as identified by their respective agency. 

To initiate a new round of projects, VRPA (Circuit Planner) and Willdan (Circuit Engineer) are available to meet with each city’s administration, planning, and public works/engineering staff to discuss potential services. They will also discuss previous year projects, potential funding sources, and the project evaluation process.

Attached is a handout with additional information and example project types.

To learn more or propose a potential project, please contact Meg Prince at mprince@fresnocog.org or 559-233-4148 x203.

Action: Information. The Policy Board may provide further direction at its discretion.

Summary: Active Transportation Program (ATP) funds are separated into three main components: the statewide competitive program, the small urban- and rural-area competitive program (managed by the state), and the large, urbanized area competitive program [managed by Metropolitan Planning Organizations (MPOs) – also known as the Regional Competitive ATP].  Large MPOs such as Fresno COG have the option of developing their own policies, procedures and project selection criteria that differ from those the California Transportation Commission (CTC) adopted, provided the CTC approves them. The Policy Board approved the regional guidelines and the Multidisciplinary Advisory Group (MAG) on June 28, 2018.

The Cycle 4 Fresno COG Regional Competitive ATP will cover four years of funding -- FY 19-20 through FY 22-23. Fresno COG’s share provides about $4.77 million over four years.  At least 25 percent of program funds must benefit projects in disadvantaged communities. 

The State initiated its ATP call for projects from May 16, 2018, through July 31, 2018.  ALL applications must be submitted to the state competition in order to be eligible for the regional competitive program. The Fresno region submitted 18 applications with a total project cost of $13,098,000. The statewide evaluations took place from July 31, 2018 through December 31, 2018.  Supplemental regional applications were submitted to Fresno COG by October 31, 2018.

The regional scoring committee convened on January 22, 2019, to score and deliberate on the recommended program of projects.  The scoring committee comprised representatives from City of Fresno, County, east side, west side, Caltrans, FCOG, a bike expert and a non-government organization.  The non-government organization representative was originally a member from Leadership Counsel however, that person resigned and was replaced by a member from California Rural Legal Assistance, Inc.  The west side city representative was unable to attend the committee at the last minute and the scoring committee decided to move forward without the west side representative’s scores. The recommended program of projects is attached to this item and can also be found on Fresno COG’s ATP website: https://www.fresnocog.org/project/active-transportation-program-atp/.  Please note that the programming years can vary based on funding capacity for each year.

To summarize the proposed recommendations:

• The scoring committee recommended that a total of $4,772,000 in ATP funds be programmed for nine projects in Fresno County valued at $6,142,000.
• All nine of the recommended projects are located within and directly benefit disadvantaged communities, well exceeding the 25 percent minimum.
• There are three bike and pedestrian projects proposed, totaling $1,547,000. The six remaining projects are Safe Routes to School projects, totaling $3,225,000.
• The City of Fresno relinquished $350,000 to fund additional projects.
• The City of Coalinga will reduce the scope of its project based on funds awarded but will still include the fully disadvantaged segments of the project. 

Below is the proposed schedule for adoption of the Cycle 4 Program of Projects:

• Draft project list to TTC/PAC for recommended approval: February 8, 2019
• Draft project list to Fresno COG Policy Board for recommended adoption: February 28, 2019
• Deadline to submit the DRAFT program of projects to CTC staff: February 15, 2019
• Deadline to submit the program of projects to CTC staff: April 30, 2019
• CTC adoption of the various MPO program of projects: June 2019 meeting
• Fresno COG 2019 FTIP amendment to incorporate the approved Cycle 4 ATP projects: Fall 2019

Action: Staff and TTC/PAC recommend the Policy Board approve the Cycle 4 Regional Competitive Active Transportation Program of Projects as recommended by the ATP Scoring Committee by adopting resolution 2019-04.

Summary: Fresno COG, in partnership with City of Fresno and Fresno County, received a Caltrans' grant to conduct a study and develop a plan for the Industrial Triangle (commonly known as the Reverse Triangle) area bounded by State Route (SR) 41 to the west, SR 99 to the east, Church Avenue at the north and American Avenue to the south. This is an industrial area that is home to the Amazon and Ulta distribution centers. It is also the potential location for the California High-Speed Rail heavy maintenance facility.

The project's primary goal is to study and mitigate the impacts of the growing industrial centers. 

Fresno COG issued an RFP in October 2018 and received a proposal from GHD. A scoring committee comprising representatives from COG, City of Fresno, County of Fresno, Fresno County Rural Transit Agency (FCRTA) and Malaga Water District interviewed the consultant team. The GHD team will bring combined expertise in engineering, transportation planning, outreach and economic development. GHD has an office in Fresno, and the project manager is also based in Fresno. 

Attached is the scope of work for the study.

The scoring committee unanimously recommended that GHD be selected as the consultant to conduct the Reverse Triangle Study.

Action: Staff and TTC/PAC recommend that the Policy Board authorize the Executive Director to enter into a contract with GHD for an amount not to exceed $295,935.18.

Summary: Deputy Director Robert Phipps will present the draft fiscal year 2019-20 Overall Work Program and budget.  Attached is the summary memo and draft FY 2019-20 Overall Work Program.

Action: Staff and TTC/PAC recommend the Policy Board authorize Fresno COG staff to release the draft Fresno Council of Governments fiscal year 2019-20 Overall Work Program and budget for a 45-day review and comment period.

Summary: Governor Gavin Newsom's recent announcements in his State-of-the-State address about high-speed rail and its financial future raised several questions for the Fresno County region. Executive Director Tony Boren will discuss the implications and potential strategies going forward.

Action: Information. The Policy Board may provide further direction at its discretion.

All items on the consent agenda are considered to be routine and non-controversial by COG staff and will be approved by one motion if no member of the Policy Board or public wishes to comment or ask questions.  If comment or discussion is desired by anyone, the item will be removed from the consent agenda and will be considered in the listed sequence with an opportunity for any member of the public to address the Policy Board concerning the item before action is taken.

Summary: Fresno COG's legislative platform includes advocacy priorities in state and federal legislative matters. It provides a consistent, reliable voice when communicating legislative priorities to state and federal lawmakers as well as to relevant state and federal agencies. It also offers Fresno COG staff and advocacy partners guidance when advocating on behalf of the Policy Board. A draft document was released for review and comment in January that received no comments.

Action: Staff and TTC/PAC recommend the Policy Board approve the 2019 Legislative Platform. 

Summary: On February 4, 2019, Fresno COG received a claim for personal injury/wrongful death from the law firm Morey & Upton, LLP of Costa Mesa regarding the case of Carlos Garibay of Huron. Claimants allege Mr. Garibay was killed after being struck by a pickup while in a pedestrian crosswalk at the Lassen Avenue/State Route 269 and Huron Avenue intersection on August 4, 2018. Among the respondents named are: the City of Huron, County of Fresno, Caltrans and the Fresno County Transportation Authority.

In consultation with legal counsel, staff recommends denying the claim based on Fresno COG’s lack of ownership or control of the subject roadway, the limitations of liability reserved in the joint powers agreement, and other applicable immunities. Rejecting the claim and serving notice of that action imposes a six-month statute of limitations to file action in Superior Court.

Action: Approve Resolution 2019-05 rejecting the claim for damages submitted by Attorney John H. Upton on behalf of Enedina Garibay and other named clients.

Summary: Attached is the current legislative report for the California State Legislature 19-20 session and federal report from Simon and Company.  To locate current and past-year state bill information go to the Official California Legislative Information webpage at http://www.leginfo.ca.gov/

To locate current and past-year federal bill information go to THOMAS, the Library of Congress’s bill information website at http://thomas.loc.gov/

Action: Information. The Policy Board may provide further direction at its discretion.

Summary: Fresno COG's One Voice Steering Committee has recommended 13 regional priorities for the 2019 One Voice D.C. trip, scheduled for May 4-9. A summary table and white papers exploring each of the topics is attached to the agenda.

In a change of strategy, staff has divided the priorities under three major headings: grant requests, appropriations requests and policy requests. This will allow for the contingent to more nimbly spend less time on issues that recur annually and more time on those priorities that are more complex in nature. The priorities are:

Transportation/Infrastructure

• Veterans Boulevard funding (City of Fresno)
• Funding interchanges critical to economic prosperity in Fresno (City of Fresno)
• Millerton Road funding (County of Fresno)
• Cross-Valley rail station in Huron (Fresno COG)
• U.S. DOT: Categorical exclusions for C-listed projects (Fresno COG)

• Regional Fire Training Center (City of Fresno)
• Establishing a Central Valley Forestry Corps (Fresno Workforce Development Board)
• U.S. DOT: Transportation training facility/workforce (Fresno Economic Opportunities Commission & Fresno County Economic Development Department)
• U.S. DOT: Consistent policies for targeted hiring programs and related workforce training funds (Fresno Workforce Development Board)
• Connecting People with Jobs (Fresno Economic Opportunities Commission)
• Technician and pilot training grant assistance (CALSTART)

• Updating FEMA HMA funding guidelines (Fresno Workforce Development Board)
• Modernizing the federally authorized (airport) passenger facility charge (PFC) (City of Fresno)
• Community Services Block Grant/Community Economic Opportunity Act (Fresno EOC)

Action: Staff and PAC recommend the Policy Board approve Fresno COG's 2019 One Voice regional priorities.

This portion of the meeting is reserved for persons wishing to address the Policy Board on items within its jurisdiction but not on this agenda.  Note:  Prior to action by the Policy Board on any item on this agenda, the public may comment on that item.  Unscheduled comments may be limited to 3 minutes.