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 Committee 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 Committee concerning the item before action is taken.

1.

Executive Minutes May 26, 2022 [APPROVE]

2.

Executive Minutes June 9, 2022 [APPROVE]

1.

City of Coalinga Fiscal Year 2020-21 Transportation Development Act Claim (Les Beshears) [ACTION]

2.

City of Coalinga Fiscal Year 2021-22 Transportation Development Act Claims (Les Beshears) [ACTION]

3.

Fresno County Rural Transit Agency Fiscal Year 2022-23 Transportation Development Act Claims (Les Beshears) [ACTION]

4.

City of Kerman Fiscal Year 2022-23 Transportation Development Act Claims (Les Beshears) [ACTION]

5.

City of Reedley Fiscal Year 2022-23 Transportation Development Act Claim (Les Beshears) [ACTION]

6.

City of Kingsburg 2022-23 TDA Claim (Les Beshears) [ACTION]

Summary: Pursuant to Government Code § 65584.05, any local jurisdictions within the Fresno County region, as well as the California Department of Housing and Community Development (HCD), may file an appeal to Fresno COG to modify the Regional Housing Need Allocation (RHNA) allocation of one or more jurisdictions in the Fresno COG RHNA Plan. The 45-day period to file an appeal will commence upon the release of the draft RHNA Plan, scheduled for July 1, 2022. 

Fresno COG has prepared the attached, draft, Sixth-Cycle RHNA Appeals Procedure, in accordance with state law, outlining the basis of appeal, limitations on appeals, the appeal hearing procedure, and establishing a structure for a RHNA Appeals Committee.

If an appeal is filed, Fresno COG will request that the Fresno COG Policy Board -- at its Sept. 29 meeting -- appoint members to a RHNA Appeals Committee, which will undergo training and serve as the appeals hearing body. All decisions on RHNA appeals made by the RHNA Appeals Committee would be considered final and would not be reviewed in detail by the Fresno COG Policy Board.

Action: Staff, TTC, and PAC recommend the Policy Board accept the Draft RHNA Appeals Hearing Procedure.

Summary: Fresno COG is seeking proposals from eligible public agencies for advanced transit and transportation projects that offer potentially broad benefits to Fresno County residents and will assist the region in meeting its air quality goals.

Fresno COG and the Fresno County Transportation Authority (FCTA) are proposing to fund projects of regional significance in the areas of: research, development, demonstration, and deployment that will advance public transit and transportation. This cycle of Measure C's New Technology Reserve Program will make approximately $4.465 million available for eligible new technology projects/programs.

For additional information please contact Braden Duran at bduran@fresnocog.org and/or visit fresnocog.org/measure-c-new-technology-reserve-fund. Proposals are due July 20.

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

Summary: The Consolidated Transportation Services Agencies’ (CTSA) Operations, Program and Budget (OPB) for fiscal year 2022-2023 provides an overview of how, and in what manner, the CTSA will be providing service over the next fiscal year. 

The proposed adoption is scheduled for Thurs., June 30 at the Fresno COG Policy Board meeting. The document will soon be available on the Fresno COG website www.fresnocog.org. 

Action:  Staff, SSTAC, TTC and PAC recommend that the Fresno COG Policy Board approve Resolution 2022-24 for the Urban CTSA, and Resolution 2022-25 for the Rural CTSA, adopting the Urban and Rural Consolidated Transportation Service Agencies’ Operations Program and Budget.

Summary: The Clovis Consolidated Transportation Service Agency’s (CTSA) Operations Program and Budget (OPB) FY 2022-2023 for the Clovis Urban area provides an overview of how, and in what manner, the Clovis Consolidated Transportation Services Agency will provide service over the next fiscal year.

The proposed adoption is scheduled for Thurs., June 30, at the Fresno COG Policy Board meeting. The document is available on the Fresno COG website www.fresnocog.org. 

Action:  Staff, SSTAC, TTC and PAC recommend the Fresno COG Policy Board approve Resolution 2022-23 adopting the Clovis Consolidated Transportation Service Agencies’ Operations Program and Budget.

Summary:  Fresno COG’s Policy Board formed the Social Services Transportation Advisory Committee (SSTAC) in May 1988 to: respond to state legislation, coordinate social service transportation, assist the 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 any other transit issues. The Board appoints SSTAC members for two-year terms.

Nominated for reappointment to the Council are:

Amy Hance – General Services Manager, City of Clovis

Chenier Derrick – Paratransit Coordinator, Fresno Area Express

Transportation Development Act Article III, Section 99238 requires a minimum number of SSTAC members in specific categories. There is no maximum number specified, 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. 

Action:  Staff, the TTC and PAC recommend the Policy Board reappoint Amy Hance and Chenier Derrick to the SSTAC.

Summary: Fresno County Rural Transit Agency's (FCRTA) budget has been prepared to reflect Fresno COG's Regional Transportation Plan (RTP) and the Short-Range Transit Plan (SRTP) for the rural Fresno County area 2022-2026. The document recommends programmed capital improvements and continuing existing intracity and fixed-route services. This year's budget has been developed to include continued review, comment and action during its 45-day review period. The budget, which may require periodic amendments during the fiscal year, is available at www.ruraltransit.org.

Action: Staff and TTC/PAC recommend the Policy Board approve the fiscal year 2022-23 Fresno County Rural Transit Agency Budget and adopt FCRTA Resolution No. 2022-07.

Summary: The U.S. Department of Transportation (DOT) has issued a temporary waiver of Buy America requirements for construction materials for projects funded under the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL). To deliver projects "while ensuring robust adoption of Buy America standards," DOT has established a 180-day public interest waiver for construction materials between May 14 and Nov. 10. DOT is establishing this transitional waiver to prepare for compliance with the new Made in America standards for construction materials. During this period, DOT expects states, industry, and other partners to begin developing procedures to document compliance. DOT will "continue its engagement through the waiver period to ensure robust enforcement and compliance mechanisms and to rapidly encourage domestic sourcing of construction materials for transportation infrastructure improvements."

The full notice can be found at: https://www.transportation.gov/sites/dot.gov/files/2022-05/Temporary%20Waiver%20of%20Buy%20America%20Requirements%20for%20Construction%20Materials.pdf

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

Summary: The Federal Transit Administration (FTA) has issued a Notice of Funding Opportunity (NOFO) for the FY 2022 Pilot Program for Transit-Oriented Development Planning. The program is intended to support comprehensive and site-specific transit-oriented development (TOD) planning for new, fixed guideway and core capacity improvement projects. The deadline to submit an application is July 25, 2022.

The full NOFO may be found at: https://www.govinfo.gov/content/pkg/FR-2022-05-26/pdf/2022-11336.pdf

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

1.

Regional Transportation Planning Agencies Valleywide Coordinator (Robert Phipps) [ACTION]

2.

San Joaquin Valley Regional Early Action Planning (REAP) Technical Assistance Contracts (Robert Phipps) [ACTION]

3.

Circuit Planner and Engineer Program Contract Renewal / Extension (Meg Prince) [ACTION]

4.

Program Environmental Impact Report (PEIR) for the 2022 RTP/SCS Contract Extension (Meg Prince) [ACTION]

5.

Legal Services for Regional Transportation Plan/Sustainable Communities Strategy, Program Environmental Impact Report, and Regional Housing Need Allocation Plan Contract Extension (Meg Prince) [ACTION]

6.

Modeling On-Call Contract with RSG (Kristine Cai) [ACTION]

7.

CA Inland Port System Planning Phase 4 Contract (Braden Duran) [ACTION]

8.

Golden State Boulevard Project Contract Extension (Pankaj Joshi) [ACTION]

Summary: On Sept. 15, 2021, Governor Newsom signed Assembly Bill (AB) 361, amending the Ralph M. Brown Act to allow local agency councils, boards and committees to continue conducting public meetings remotely during a state of emergency after Oct. 1, 2021, so long as they make specific findings every 30 days, and ensure conditions related to public participation are satisfied. Under the Brown Act, the Policy Board, TTC and PAC and other Fresno COG committees are considered "legislative bodies," according to the Fresno County Counsel's office.

Under the urgency legislation, a local agency may use the more “relaxed” Brown Act teleconferencing/videoconferencing requirements in any of the following circumstances:

• There is a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing; or
• There is a proclaimed state of emergency, and the local agency’s meeting is to determine, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or
• There is a proclaimed state of emergency, and the local agency has determined, by majority vote, that as a result of the emergency meeting in person would present an imminent risk to the health or safety of attendees.

AB 361 defines a “state of emergency” as a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act. Importantly, this includes the Governor's proclaimed state of emergency due to the COVID-19 pandemic.

To continue to rely on the relaxed video/teleconferencing provisions, the local agency must reconsider the circumstances of the state of emergency and make the following findings by majority vote, every 30 days:

• The state of emergency continues to directly impact the ability of members to meet safely in person; or
• State or local officials continue to impose or recommend measures to promote social distancing.

The recommended finding under this option would be that "The Board, meeting during a proclaimed state of emergency, has determined by majority vote, pursuant to AB 361 subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees." 

While the Committee has the option of using teleconferencing, as was available prior to COVID restrictions, the Brown Act requires: 1) a quorum of the legislative body to participate from within the boundaries of the agency’s jurisdiction, 2) the public agency to post notice of each teleconference location, and 3) the public be allowed to address the legislative body from each teleconference location.  These requirements place a significant burden on both Board members and staff.

Action: Staff recommends two actions:

1) That the Policy Board issue the following findings: (a) The Board has reconsidered the circumstances of the state of emergency; and (b) As a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

2) Reaffirm Resolution 2022-01 from Jan. 6, authorize the Board and subordinate legislative bodies to conduct their meetings in accordance with remote participation by teleconference in the manner provided by Government Code section 54953, subd. (e) through August 6, and direct staff to continue providing video/teleconferencing provisions for all Fresno COG committee and Board meetings through August 6.

Summary:    As has been discussed with the TTC/PAC and Fresno COG Policy Board, since late 2019, Fresno COG and Fresno County Transportation Authority staff in collaboration with a team of professional consultants (VRPA Technologies/Jeffrey Scott and Associates, Props and Measures) have been engaged in a vigorous regional planning process to develop a Measure C Renewal Expenditure Plan for Fresno County voter’s consideration in 2022.  While our current Measure C (1/2 cent sales tax for transportation purposes) does not expire until July 1, 2027, there has been strong recognition at the staff and policy levels that there would be some significant advantages to seeking an early reauthorization of Measure C prior to its termination.  Fresno COG staff will be giving a detailed PowerPoint presentation on the Measure C Renewal Expenditure Plan and the process to produce that plan. Consequently, this annotated staff report will briefly highlight some of the major considerations/benefits/planning processes used to develop the new Expenditure Plan.  The complete Measure C Renewal Expenditure Plan and the related PowerPoint presentation can be found on Fresno COG's Measure C Renewal webpage at this link: Measure C Renewal Plan Development Process - Fresno Council of Governments (fresnocog.org).  The expenditure plan will be available after June 6th.

Following the Fresno COG Policy Board’s action, the FCTA will be asked to consider and approve the Expenditure Plan at its July 20  meeting.  Following FCTA Board approval, the plan will be presented to the Fresno County Board of Supervisors for approval and inclusion on the November 2022 ballot.

Measure C Renewal “Regional” Planning Process

• Fresno County region- 6,000 sq. miles/6,637 road miles
• Current population-1,023,358

15 Incorporated Cities

• Fresno - Population-546,770-53.26%
• Clovis - Population- 121,834-11.87%

13 Small Rural Incorporated Cities

• Population range -4,145-23,000          
• Seven eastside cities-population 11.97%
• Six westside cities-population 6.32%

Fresno County-Unincorporated

• Population-170,067
• Population % -16.56
• Unincorporated communities within incorporated cities-Fig Garden/Sunnyside/Mayfair/Tarpey,  
• Thirty-four “disadvantaged” unincorporated communities:
  • Eastside-Del Rey, Tombstone, Calwa, Malaga,
  • Westside-Easton, Caruthers, Raisin City Bowles, Cantura Creek, Lanare, Tranquility, West Park

 The Measure C renewal planning process consisted of a two-prong strategy led by two committees with different membership compositions and responsibilities:

Technical Working Group (TWG)

Responsibilities:

• Identify funding needs, available funding, and funding gaps by mode
• Help develop preliminary recommendations to the Executive Committee
• Forward draft TWG products to Executive Committee for review and feedback
• Provide information and feedback to other related stakeholders
• Project identification, prioritization and recommendations 

Executive Committee (EC)

Responsibilities:

• Understand current & future transportation needs
• Review surveys and develop funding recommendations
• Provide Information & feedback to other related stakeholders/community leaders
• Assist with preparing the draft & final Measure C extension Expenditure Plan that best meets mobility needs and will have voter support

The Measure C Renewal Expenditure Plan was developed following a set of five “guiding principles” adopted by both the TWG and the EC.  These specific principles were:

1. Stewardship
2. Flexibility
3. Air quality and climate resiliency
4. Equity
5. Sustainability & resource conservation

In addition, there are several significant themes in this Expenditure Plan including “Fix it First”, “No Neighborhood Left Behind”, “Improve Transportation Safety”, and “Promises Made, Promises Kept.” For over 35 years Measure C has kept its promises of delivering high priority transportation improvements and services throughout Fresno County. Staff believes that this track record has led to the exceptionally high level of voter support reflected in the two surveys conducted to date.

Public Engagement Strategies

• Fourteen community meetings
• Door-to-door; 1,070 Spanish responses
  • Cantua Creek, Lanare, Tranquility, Orange Cove, Parlier, Kerman, Caruthers, Biola, Hmong community, Coalinga, Del Rey, Five Points, Huron, Sanger, Kingsburg, San Joaquin, Punjabi community
  • Community events
  • Virtual meetings
  • Online & in-person surveys: 2,800 surveys, 2,000 comments
  • Two public opinion surveys - statistically valid surveys - just short of 5,500 responses

FCTA/Fresno COG staff believe the Measure C Renewal Expenditure Plan balances the inherently varied transportation interests of different stakeholders and represents the necessary regional consensus to garner support from two-thirds (66.7%) of Fresno County voters in 2022.

“Why now in 2022? “Why not wait until 2024?”

There are several reasons that proceeding in 2022 makes sense.  These include:

• Recent surveying shows incredibly high voter support for a Measure C renewal.
  • Voter support for Measure C renewal is at 80% countywide.
  • Even when presented with negative arguments, voter support remains well in the 70% range.
  • Surveying demonstrates that voter opposition - “definitely no” is very low at about 10%.  Statewide surveying average generally runs about 20%.
  • Due to ever shifting political winds, there is no guarantee that same support would be present in 2024 or beyond.
    • Voter approval in 2022 would allow the FCTA and local agencies to borrow or bond against future revenues generated to begin street/road pavement needs now
    • The sooner the necessary street/road repairs and associated transportation projects identified in the Measure C renewal plan can begin, the lower the cost will be. This is particularly true in times of high inflation.  Obtaining voter approval in 2022 will allow the benefits to be experienced by the public much sooner.
    • Waiting another two years is not likely to change residents’ perception of their transportation needs. 
    • The proposed Measure C Renewal Expenditure Plan is well considered and reflects the views of transportation professionals at both the regional and local levels, as well as the 15 cities, the County of Fresno and the general public.
    • The Expenditure Plan reflects substantial public and private sector input..
    • The Measure C Renewal Expenditure Plan is targeted toward Fresno County voters’ highest transportation needs and includes significant local control with maximum flexibility at the local level.
    • The apparent goal of those opposed to a 2022 ballot measure is to shift elected officials’ decision-making authority away to non-elected community-based organizations (CBOs). 
    • The Measure C Renewal Expenditure Plan is designed to give maximum local control to those elected officials chosen by voters in their community
    • Voters’ transportation priorities are immediate needs. We owe it Fresno County residents to move forward now.  Delaying voter consideration beyond 2022 makes no fiscal or policy sense. 

 Duration of Measure C Renewal - 30 years vs. 20 Years

• Revenue projections:  20-year - $4 billion

                                         30-year - $6.8 billion      

• Achieving a Countywide pavement condition index (PCI) of 70 would take nearly 90% of a 20-year MC3
• With a 30-year measure, a 70 PCI would take about 50% of the renewal funds
• A 30-year measure allows sufficient revenues to achieve a “good” PCI, defined as 70 out of 100, along with substantial funding for other important transportation facilities and services, including public transit and active transportation
• Surveying indicates that both durations -- 20-year or 30-year – enjoy widespread voter support: 80+%

 Measure C Renewal Expenditure Plan Highlights include:

• About $6.84 billion in new revenue over 30 years for transportation improvements
• Slightly more than one-half of the revenue, $3.5 billion, dedicated to Local and Neighborhood Street Repair and Maintenance. Fixing local streets has over 80% support in the two public surveys and is consistently the highest priority within all communities and areas of the County, cutting across all demographic and economic categories. It is also the top priority for nearly all the people who have attended public meetings and participated in on-line and in-person surveys. This level of funding is sufficient to raise the countywide average PCI to 70, which is within the good category. Further, the plan will require that each agency spend a minimum of 30% of their pavement repair funds in disadvantaged areas (as defined by CalEnviroScreen 4.0) until certain criteria is met.
• Over $800 million will be dedicated to Urban and Rural Public Transit, more than double what transit will receive through the current measure. Keeping transit fares low for students, seniors, veterans, and the disabled also scored high in two surveys.
• Just under $1 billion in the Major Roads and Highways Safety Improvements and Congestion Relief Program will focus on reducing and avoiding congestion, improving safety, and reducing greenhouse gases (GHG) and improving air quality. This funding is almost exclusively for modifications to the existing system, not for expansion. The Regional Program in the current measure used 30% of the overall funding, but in this measure, it is one half that amount at just under 15%.
• Safe Bikes and Pedestrians will receive approximately $75 million, which may be the smallest program in the new measure; however, there are significant funding opportunities through non-Measure C sources resulting in well over 95% of the overall need in this category being met.
• $144 million is dedicated to Environmental Sustainability, including: transit-oriented development, alternative fueling facilities, clean-air vehicles, and new technology projects. This program is a bit of a misnomer, as it implies that only these funds are being invested in these sustainability projects. In fact, environmental sustainability is built in to all of the other programs. This Environment Sustainability Program is over and above the funding in the other program categories.
• Lastly, $1.2 billion is dedicated to the Local Control Program. Local Control allows each agency to address its highest priority transportation needs not specifically addressed in one of these categories; or, an agency can supplement any of the previously mentioned categories depending on where the highest need lies.

Under this proposed Measure C3, administrative expenses have been reduced from 1.5% to 1.25%.

Besides the flexibility built into the Local Choice and other programs, this measure focuses on the first 15 years rather than trying to predict the 30-year need. This plan provides for a comprehensive review of the programs’ successes or shortcomings near the measure’s midpoint. That midpoint review will also re-evaluate the then-current needs and can make program or project adjustments at that time if the needs have changed.

“Local control” of Measure C funding is built into all of these programs. Local and Neighborhood Street Repair and Maintenance, Urban and Rural Transit, Safe Bikes and Pedestrians, and the Local Choice Programs are all under local control – each elected body will determine how and where those funds are invested. The Major Roads and Highways Safety Improvement and Congestion Relief project lists can be found on the Fresno COG renewal webpage linked above, and were all developed with input from each of the 16 local agencies in Fresno County. Environmental Sustainability will be a competitive program with funding recommendations made by committees that will all contain public agency staff.

This plan also provides enhanced accountability measures. First, the Citizens Oversight Committee will be retained and enhanced. Second, each program category will have performance indicators to help the FCTA evaluate if the Measure C funds are being invested efficiently and effectively.

Similarly, the plan contains key principles to make sure that the transportation benefits provided by Measure C are shared equitably throughout Fresno County.

Action:  Fresno COG staff, along with the Measure C Technical Working Group, Executive Committee, TTC and PAC recommend the Policy Board approve the draft Measure C Renewal Expenditure Plan as presented, and move the Expenditure Plan forward to the Fresno County Transportation Authority for its consideration.

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