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 certified public accounting firm Price Page and Company has provided the 2018-19 financial and compliance audit for Measure C funds that Fresno COG administers.  The report shows a balance of $5,723,622 Measure C revenues on account. Total revenues and expenditures for these years were $1,948,453.

Action: Information

Summary:  Fresno COG proposes to continue Yosemite Area Regional Transportation System (YARTS) services for the 2021 summer season, May 10 through September 10. A proposed budget is attached to this item. YARTS funding comes from: Federal Transit Administration 5307 (CMAQ), Caltrans 5311(f) grants, Yosemite National Park, and fare box receipts. 

Action: Staff and TTC/PAC recommend the Policy Board authorize the executive director to enter into a contract with YARTS not to exceed $746,776. 

SUMMARY:  Transit operators annually conduct a productivity evaluation to assess progress with State Transportation Development Act funds and to recommend potential productivity improvements.  The California Public Utilities Code 99244 requires that “Each transportation planning agency shall annually identify, analyze, and recommend potential productivity improvements which could lower the operational costs of transit operators who operate at least 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 allocated to that operator cannot exceed the appropriation from the prior year.

The FY 2020 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 Service Transportation Advisory Council (SSTAC) reviewed and accepted the FY 2020 Transit Productivity Report on Feb. 23, 2021.

Action: Staff, SSTAC and TTC/PAC recommend the Policy Board accept the FY 2020 Transit Productivity Evaluation Report.

Summary: Below is an update on tasks currently underway through Fresno COG's Circuit Planner and Engineer Program, which provides technical assistance to the small cities in Fresno County. Such assistance may include, but is not limited to planning studies, delivering projects, grant applications, environmental documents, engineering services, etc.

Zoning Ordinance Assessment Tool

The circuit panner has developed an easy-to-use questionnaire to help determine which aspects of your jurisdiction's zoning ordinance may benefit from an update to meet performance standards, State regulations, and best practices. At the end of the survey, participants receive an email that includes survey results and resources to consider. This tool is intended to provide a high-level assessment and resources, and is not a substitute for professional or legal advice.

Access the tool here: Zoning Ordinance Assessment Tool

Model Zoning Ordinance (available in March)

In addition to the assessment mentioned above, the circuit planner is developing a model zoning ordinance tailored to small cities in the San Joaquin Valley. More information will be available in March regarding this, but please feel free to reach out in the meantime with specific questions or needs.

General Plan Annual Progress Reports

Jurisdictions are required to provide the State Office of Planning and Research and the Department of Housing and Community Development (HCD) with separate general plan and housing element Annual Progress Reports (APRs) by April 1 each year, per Government Code Sections 65400 and 65700. The APR outlines the status of the general plan and progress in its implementation over the previous year. For more information, please refer to the following resources:

• OPR's Annual Progress Report Guidance Memo: http://opr.ca.gov/docs/20210126-OPR_APR_Memo_2021.pdf 
• HCD's guidance and submittal requirements for the Housing Element APR: https://www.hcd.ca.gov/community-development/housing-element/index.shtml 

Other Planning and Engineering Services

The Circuit Planner and Engineer Program provides technical assistance to the small cities in Fresno County for efforts that further Regional Transportation Plan and Sustainable Communities Strategy goals. Such assistance may include, but is not limited to: planning studies, project deliveries, grant applications, environmental documents, engineering services (i.e., conceptual design or preliminary engineering), permitting needs assessment, and quality (QA/QC) reviews as needed, etc. Please reach out to further discuss your cities' needs.

Meg Prince can be contacted for questions or more information at mprince@fresnocog.org.

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

1.

Sustainable Communities Strategy (SCS) Performance Indicators for Public Input (Seth Scott) [APPROVE]

2.

2022 Regional Transportation Plan Revenue Projections (Suzanne Martinez) [APPROVE]

3.

Sustainable Communities Strategy (SCS) Scenario Concept/Indicator Public Outreach Plan (Brenda Veenendaal) [INFORMATION]

Summary: Each MPO is responsible for integrating performance measures from a Public Transportation Agency Safety Plan (PTASP) into its planning processes as stated by 23 CFR § 450.306(d)(4). The transit agencies are responsible for submitting the targets they developed in the safety plan to the MPOs. Those targets will be reported as part of the Transportation Performance Management (TPM) system report in Fresno COG's Federal Transportation Improvement Program and Regional Transportation Plan. Transit agencies in the PTASP set annual targets for seven safety performance measures as follows:

• Number of fatalities
• Number of fatalities per 10 million vehicle revenue miles (VRM)
• Number of passenger injuries
• Number of passenger injuries per 10 million vehicle revenue miles (VRM)
• Number of accidents/incidents (safety events)
• Number of accidents/incidents per 10 million vehicle revenue miles (VRM)
• System reliability

There are three transit agencies in Fresno County: Fresno Area Express (FAX), Clovis Transit, and Fresno County Rural Transit Agency (FCRTA). FAX is the sole agency in the region required by FTA to develop the PTASP and set the annual transit safety targets. Clovis Transit and FCRTA are exempted from the PTASP requirements. Hence, the regional annual transit safety targets would be the same as that of FAX presented below. 2020 goals represent a 10% reduction of 2019 actuals.

Action: Staff and TTC/PAC recommend the Policy Board adopt the regional transit safety performance targets for 2020.

SUMMARY

Fresno COG is requesting a transportation control measure (TCM) substitution to replace the City of Huron’s traffic signal(s) TCM project with a signal synchronization project in the City of Clovis. Fresno COG staff has determined that the proposed TCM substitution meets all Federal Clean Air Act TCM substitution requirements.

BACKGROUND

Transportation control measures (TCMs) are defined as transportation projects or programs that adjust trip patterns or otherwise modify vehicle use in ways that reduce air pollutant emissions, and are specifically identified and committed to in the most recently approved State Implementation Plan (SIP).  TCMs are included in a SIP as part of the overall control strategy to demonstrate a region’s ability to attain the National Ambient Air Quality Standards (NAAQS).  

In the Fresno COG region, TCM-type projects are considered committed once they have funds programmed in an approved Fresno COG Federal Transportation Improvement Program (FTIP). When a committed TCM cannot be delivered or will be significantly delayed, the substitution of the TCM is required and follows the process specified under the Clean Air Act §176(c).

In consultation with the City of Huron, Caltrans, and the City of Clovis. Fresno COG is making a request to substitute the Lassen Avenue/State Route 269 Traffic Signals project, which is included as a committed TCM in the San Joaquin Valley SIP (FTIP ID: FRE020135) with a traffic signal synchronization project along Shepherd Avenue in the City of Clovis. For further details about the proposed TCM substitution, please refer to the attached report.

The Draft TCM Substitution Report was circulated through the San Joaquin Valley Interagency Consultation (IAC) group on December 18, 2020, and received preliminary concurrence from CARB and EPA. The draft report was then released for a 30-day public review and comment period on January 26 with a public hearing held by COG staff on February 16. No comments were received during the period or at the hearing.

As documented in the draft Fresno COG TCM Substitution Report, the proposed substitution is consistent with federal and state requirements, including the federal planning requirements and the U.S. Environmental Protection Agency's (EPA) transportation conformity rule. The TCM substitution does not require a new conformity determination or a formal SIP revision.  The San Joaquin Valley region maintains transportation conformity after the substitution.

Once Fresno COG adopts the TCM substitution (with concurrence of EPA and ARB), Fresno COG will remove the City of Huron project from the most recently approved FTIP and subsequently program the City of Clovis project in the next available amendment. Both projects were/are funded by the competitive portion of Fresno COG’s Congestion Mitigation and Air Quality Improvement (CMAQ) program.

ACTION

Staff, TTC, and PAC recommend the Policy Board adopt the transportation control measure (TCM) substitution, via resolution, and direct staff to forward it to the U.S. Environmental Protection Agency (EPA) and the California Air Resources Board (ARB) for concurrence.

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 ATP guidelines on July 30, 2020.

The state initiated its ATP call for projects from March 25 through Sept. 15, 2020. The state also solicited applications for a small number of quick-build projects for the 2021 ATP as a pilot program this ATP cycle. Quick-build applications were due July 15, 2020.

This region submitted 14 applications with a total project cost of $20.9 million. One of the applications was submitted to the quick-build pilot program. All applications were also eligible for the regional program. Agencies were encouraged to apply to the state competitive program but had the option to submit applications to the region. Staff received one additional application. Supplemental applications were due to Fresno COG on Nov. 20, 2020.

Four projects were awarded through the statewide competitive program and the quick-build pilot program for a total of $6.06 million. These projects were no longer considered for the regional program.

ATP Cycle 5 will cover four years of funding – FY 2021-22 through FY 2024-25. Fresno COG’s share provides $4.8 million.  At least 25 percent of program funds must benefit projects in disadvantaged communities. 

The regional scoring committee convened on Feb. 25 to score and deliberate on the recommended program of projects.  The scoring committee comprised representatives from City of Fresno, Fresno County, Eastside, Westside, Caltrans, FCOG, a bike expert and a non-government organization.  The recommended program of projects is attached 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 $4.815 million in ATP funds be programmed for four projects and one partially funding project.
• All of the recommended projects are located within and directly benefit disadvantaged communities, well exceeding the 25 percent minimum.
• All fully funded projects are Safe Routes to School projects.
• The City of Coalinga will be awarded PE and partial ROW funding to get this project shovel-ready.

Below is the schedule for adopting the Cycle 5 program of projects:

• Fresno COG Policy Board adopts recommendations: March 2021
• Deadline to submit the DRAFT program of projects to CTC staff: April 15, 2021
• Deadline to submit the FINAL program of projects to CTC staff: May 14, 2021
• CTC adopts MPO programs of projects: June 2021 meeting
• Fresno COG 2021 FTIP amendment to incorporate the approved Cycle 5 ATP projects: fall 2021

Action: Staff, the ATP scoring committee, TTC and PAC recommend the Policy Board approve the Cycle 5 Regional Competitive Active Transportation Program of Projects by adopting resolution 2021-11.

Summary:  As required by California Government Code, Section 65584.04, Fresno COG is administering a survey of its member jurisdictions to collect information on factors to be considered in developing the RHNA plan methodology. The survey will address all issues required by state law.

The state requires that COGs develop a report summarizing the input received through the survey, and that it be posted to the COG’s website. The report will describe common themes and effective strategies employed by cities and the County, as well as to identify significant barriers to constructing housing at all income levels and affirmatively furthering fair housing.

The survey will be open through Wednesday, March 31, 2021, at the link below.

https://www.surveymonkey.com/r/YC62JML 

Staff will also provide an update on the sixth-cycle RHNA plan and the preliminary draft allocation from the California Department of Housing and Community Development.

Meg Prince can be contacted for questions or more information at mprince@fresnocog.org.

Action: Information and discussion. The Policy Board may provide additional direction at its discretion.  

Summary:  Following several rounds of discussion over the course of the last two years by both the Fresno COG and Fresno County Transportation Authority (FCTA) policy boards, the two entities agreed to move forward with a Measure C renewal (MC3) process that will culminate in a ballot measure before Fresno County voters in November 2022.

Although the original intent was to kick off the MC3 renewal process last year, that effort was delayed until 2021 due to the COVID pandemic. The Measure C3 Executive Committee and the Technical Working Group (TWG) each held their first meetings on Feb. 4 and Feb. 25, respectively.  These meetings focused on introducing committee members, as well as the measure's background, history and achievements over its 34-year history. 

The agendas and the presentations for both kick-off meetings are included as attachments to provide additional details on the specifics of each. Also included is a public participation/outreach graphic that highlights opportunities for public input into the crafting the MC3 expenditure plan.

The Measure C3 Executive Committee will be building off the success of the 2006 plan, and is co-chaired by Lynne Ashbeck, FCTA Vice Chairman and David Cardenas, FCOG Chairman. The executive committee comprises community leaders representing a wide cross-section of agencies, businesses and interest groups. Committee members will represent their particular industry, agency, or group, but will also have a higher view of the overall transportation needs in Fresno County. 

Fresno COG/FCTA staff believes the executive committee represents a wide variety of transportation viewpoints from all segments of the community, including public, private and community-based organizations. FCTA/COG staff believe the executive committee includes members who represent a wide swath of the diversity found throughout Fresno County. With careful deliberation, FCTA and Fresno COG management and staff worked to identify committee positions that will provide leadership representation from a large variety of geographic, economic, educational, environmental, socioeconomic and community sectors throughout Fresno County. 

When seeking individuals to fill the board-approved positions, staff openly considered racial, gender, geographic and socioeconomic diversity factors, and is grateful to those who agreed to serve their communities. All members are respected community leaders, recognized for their abilities to build consensus, with a desire to ensure our region has a plan to meet future mobility needs of all Fresno County residents. In the end, staff is confident that the Executive Committee will represent the citizens of Fresno County well, and is reflective of the region's diverse population.

As was outlined in numerous staff reports, given the success of our two previous Measure C programs (1986 -2006/2006-present) the prevailing wisdom is that it would be prudent to build on the success of those earlier measures where possible (78% voter support) rather than “reinventing” a brand new process.  Each of the earlier expenditure plans was developed through a combination of technical, data-driven input from transportation professionals, as well as input from a wide variety of transportation stakeholders, interested advocacy groups and the general public. Most importantly, both the 2006 and the MC3 renewal expenditure plans were, and will be, guided by extensive public polling to ensure the committee process reflects projects/programs that Fresno County voters would/will support.  

However, there is one primary difference between the 2006 and the MC3 processes. In 2006, the Measure C Steering Committee acted in basically the same capacity that the MC3 TWG will. Each of these committees comprise(d) a wide assortment of transportation stakeholders, including: member agency public works and planning staff, urban/rural transit staff, trail/bike advocates, air district staff, Caltrans, ADA/seniors, economic development, etc., and the public. In 2006, the steering committee participated heavily in drafting the expenditure plan. Once regional consensus on the draft expenditure plan was forged, it moved directly to the COG and FCTA process for approval, followed by a Board of Supervisors vote to place it on the ballot.  

Staff believes that the circumstances in 2022 are considerably different than they were in 2006, and that some adjustments to the process are desirable and beneficial. In addition, FCTA staff and its consultant VRPA have discussed recent renewal efforts with other "self-help" county agencies in California. While each agency is unique and different, there were common themes that emerged from these discussions.

• Steering committees were not comprised of special interest representatives or modal advocates but rather of community leaders of various public and private backgrounds. Community leaders are in a better position to have an overarching vision for the county and its communities, and would have significant creditability countywide with the public.
• Results of prior measures demonstrated the validity of the modal programs contained in the expenditure plans; therefore, no major changes were proposed. Instead, the steering committees focused on how much each program would receive.
• Special interests and modal advocates were represented in the process through the County’s RTP and/or various subcommittee processes.
• Advocates for each mode had the opportunity to be heard and to present their needs and funding shortfalls.
• The steering committees made the final call on recommended funding allocations to be included in final draft expenditure plans to be considered by authority boards and then the voters.

These commonalities mirror the circumstances here in Fresno County. Our existing Measure C Expenditure Plan addresses transportation solutions as diverse as new freeways to transit-oriented development. There is no need to rehash the overall program, but rather a critical look at the funding allocations for the various programs needed in the future. There may be some tweaking required, but not a full-scale revision.

Another difference between now and 2006 is that beginning in 2014, Fresno COG developed Fresno County’s first Regional Transportation Plan & Sustainable Communities Strategy (RTP/SCS). This plan is the Fresno County region’s long-range transportation vision, and is updated every four years.  The RTP/SCS process includes a robust outreach and stakeholder involvement process and integrates all modes of transportation along with land use and housing, environmental issues, reduction of vehicle miles traveled, and other related issues. The RTP/SCS is one of the critical building blocks that will help guide the 2022 renewal effort and identify needs and funding requirements.

FCTA and FCOG staff have had lengthy discussions on how to capitalize on what worked in 2006, but also reflect the current environment and strategies used successfully elsewhere in the state. Staff has settled on a model that we believe will do just that.

Working below the Executive Committee will be a Measure C3 Technical Working Group (TWG). This working group will be where the” nuts and bolts” of the draft expenditure plan are developed. The MC3 TWG will be similar in composition to FCOG’s RTP Roundtable, which comprises diverse representatives from: all local agencies; state agencies with transportation or transportation-related responsibilities; modal advocates; special interest groups and; the general public. It will be this group’s responsibility to identify all transportation needs (by mode), existing funding available to the various modes, and the funding shortfall for each mode. The TWG will then match the funding shortfalls with the funding potentially available through a MC3.

Even with Measure C3, there will still be a funding shortfall; therefore, this group will need to make preliminary recommendations to the executive committee on appropriate funding levels for each program, recognizing that all needs cannot be met. Ultimately, the process will result in a draft MC3 Expenditure Plan that reflects regional consensus at the TWG level.  This draft plan will then move forward to the Executive Committee for review and revisions if deemed appropriate.  

Attachments to this staff report are also included to provide greater detail on how the MC3 Technical Working Group (TWG), as well as the MC3 Executive Committee, are composed.   

Action:  Information/discussion. The Policy Board may provide additional 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: During the Feb. 25, 2021 Policy Board meeting, Board members expressed an interest in resuming in-person Board meetings at some point in spring 2021 and requested that the issue be agendized for the regular March meeting for further discussion.

Action: Direction to staff.

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 three minutes.