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.

City of Clovis FY 2022-23Transportation Development Act Claim (Les Beshears) [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.

Note that because of Fresno COG's holiday schedule, the Board will need to hold short meetings at 5:30 p.m. on Dec. 15 and Jan. 12, 2023 to issue AB 361 findings for the regular January 2023 meeting.  Also, on Oct. 17, Gov. Newsom announced that he would be ending the COVID state of emergency on Feb. 28, 2023, which will necessitate at least a quorum of Board members present to conduct business beginning with the March 23, 2023 meeting.

Action: Staff recommends three 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 Dec. 15, and direct staff to continue providing video/teleconferencing provisions for all Fresno COG committee and Board meetings through Dec. 15.

Summary: California housing law requires each local jurisdiction to plan for its share of the state’s housing need. The Regional Housing Needs Allocation, or RHNA, is the process outlined in State law for determining the number of housing units in each of four affordability tiers (very low-, low-, moderate-, and above-moderate income) assigned to each jurisdiction to be reflected in the housing element of their general plans. The sixth RHNA cycle covers the housing projection period from June 30, 2023 to Dec. 31, 2031.

The RHNA methodology was developed based on direction from the Fresno COG Policy Board and the guidance of the Fresno COG RHNA Subcommittee, a 20-member advisory committee, comprising: representatives from each of the 16 Fresno COG member jurisdictions; three at-large members representing Fresno Building Industry Association, the Fresno Housing Authority, and Leadership Counsel for Justice and Accountability and; a nonvoting representative from the California Department of Housing and Community Development (HCD). Prior to its adoption, the methodology included in the RHNA plan underwent a 30-day public review period, a public hearing, and consideration by the Fresno COG Transportation Technical Committee, Policy Advisory Committee, and Policy Board. 

At its July 28,2022 meeting, the Fresno COG Policy Board voted to adopt the final methodology, which includes a cap on the unincorporated County’s RHNA of 2,350 units. The resulting allocation by income tier is shown in the table.

HCD reviewed the final methodology with the County cap, and provided positive feedback for Fresno COG's RHNA process. On Sept. 1, the Draft RHNA plan was released, which started a 45-day window to submit appeals. The appeals period ended on Oct. 16 with no appeals received. The attached Proposed Final RHNA plan was posted on the COG's website at https://www.fresnocog.org/project/fresno-county-regional-housing-needs-allocation-plan/ on Oct. 17.

A notice for the public hearing tonight was published on the Fresno Bee on Nov. 3, 2022. 

Action: 1. Open the public hearing, receive comments and close the hearing.

             2. Staff, TTC and PAC recommend that the Policy Board approve Fresno COG's Sixth-Cycle Regional Housing Needs Allocation Plan.

Summary: The Federal Transit Administration has released the final 2022 apportionments providing $103,292 in additional FTA 5303 funding. In addition, State Road Maintenance and Rehabilitation Account (RMRA) funding in WE 167 – the Sustainable Communities Grant Program – is being reprogrammed to various work elements. The total amendment increases the budget $60,751 to $47,294,934.

WE 111 Regional Transportation Modeling - Staff requests $160,000 to update the Activity Based Model to augment the modeling process, increasing the revised work element to $776,921.

WE 150 Other Modal Elements - Staff time totaling $15,158 is being reprogrammed form local funds to federal funds with no increase in  scope. The total work element remains unchanged at $45,972.

WE 170 Regional Transportation Plan - Another $27,383 in staff time is being reprogrammed form local funds to federal funds with no increase in  scope. The total work element remains unchanged at $456,844.

WE 167 Sustainable Communities Grant Program - is being reprogrammed to various work elements and eliminated.

WE 177 Regional Microtransit Study – The scope of this work element is expanded $45,000 to help forecast ridership for  alternative transportation mode dependents. The total work element is now $271,896.

Action: Staff, TTC and PAC recommend approving Resolution 2022-42 adopting Amendment No. 2 to the 2022-23 Overall Work Program.

Summary: The Measure C New Technology Program aims to fund technological advances in safety, fuel efficiencies and alternatives, intelligent transportation system (ITS), information dissemination and other areas in the transportation sector. The program can fund projects of regional significance in research, development, demonstration, and deployment that will advance technology in public transit, as well as other transportation areas. The biennial call for application for New Tech funding was released on April 8. There is $4.465 million available for the fiscal year 2022/23 award cycle.   

Fresno COG received seven applications requesting approximately $6.5 million. The scoring committee comprised one  representative each from: the County of Fresno, City of Fresno, City of Clovis, eastside cities, westside cities, Measure C Citizen Oversight Committee, transit, Fresno COG, FCTA, as well as two members of the public. On Aug. 29, the scoring committee met to interview the applicants and discuss the applications. The Committee recommended funding four projects during this cycle. The Policy Board approved funding for three projects in October, including two from FCRTA and one from Clovis Transit. The City of Fresno's project was also recommended for funding; however, City staff requested to change the project scope after the recommendation. The Scoring Committee reconsidered the request and again recommended approval of the project as amended:

- The City of Fresno for Next Generation Intelligent Transportation Systems:

This proposal is for communications with City/Caltrans Advanced Transportation Management Systems (ATMS) and synchronization of corridors at/near congested freeway ramps. The benefits of the new Center-to-Center and TranSync technologies would be substantive to the efficiency of the transportation network, reducing congestion and emissions while improving overall quality of life for the traveling public.

Action: Staff, the New Tech Scoring Committee and TTC/PAC recommend the Policy Board approve New Technology funding totaling $1,100,000 for the City of Fresno's Next Generation Intelligent Transportation System project.

Summary:  As was presented and discussed with TTC/PAC and the Fresno COG Policy Board earlier this year, Fresno COG Executive Director Tony Boren is serving as project manager on behalf of the San Joaquin Valley COGs and the Sacramento Council of Governments for the California Inland Port project (CAIP).  To refresh memories on the CAIP, included as attachments are a CAIP abstract/summary, which provides a concise project summary. Also included is a CAIP PowerPoint presentation that provides much greater detail. In short, the CAIP has the potential to significantly address numerous transportation, air quality and economic challenges facing the San Joaquin Valley and the state of California. These include:

1. A more efficient national supply chain system;

2. Substantial reductions in greenhouse gases and criteria pollutants in California;

3. Significantly increased economic competitiveness and opportunity in the San Joaquin Valley;

4. Reduced VMT, road congestion, and maintenance costs, as well as increased traffic safety:

5. Improved social equity and environmental impacts;

6. Improved availability of containers for Ag exports; and

7. Leverage public sector infrastructure investments that attract private sector investment

For decades, the San Joaquin Valley has served as the principal corridor for north-south goods movement in California. Approximately 1.1 million ocean containers move through the San Joaquin Valley, about half that number representing imports (mostly consumer products from Asia), and the other half exports (mostly agricultural products destined for Asia).

Currently, virtually all these goods are moved via highways with internal combustion engine-powered trucks. Catalyzed by conversations among the Port of Los Angeles, California Forward and Global Logistics Development Partners, the CAIP project was originally conceived in 2019 as a way to reduce congestion, improve air quality at the San Pedro port complex area and in the San Joaquin Valley.

Initially, the primary idea was to transfer these goods from internal combustion engine trucks to rail. As the federal and state governments have now begun the transition from fossil fuels to sustainable energy, the highest priority for transportation, the CAIP project has now evolved into what will be the largest and most sophisticated logistics and investment corridor in the world -- a fully integrated goods movement and economic development paradigm comprising  “TradePorts” -- multi-modal logistics hubs (long-haul movement via rail or hydrogen and final-mile movement via electric trucks) surrounded by “green” manufacturing, clean energy, e-commerce and distribution operations. When fully built out, the project is expected to include two to four major “TradePorts” and six to eight smaller “Satellite TradePorts” (truck charging facilities) .

The CAIP's initial feasibility studies (Phases 1 and 2)  were funded by the San Pedro Ports, the air districts in the San Joaquin Valley and South Coast, and San Joaquin Valley councils of government. The studies showed significant cost advantages for moving goods on rail vs. trucks,  as well as significant environmental benefits, including a 93% reduction of GHG and an 84% reduction of NOx.  Planning phases 3 and 4 are being funded by Caltrans and US DOT, which has identified CAIP as one of only five Regional Infrastructure Accelerator projects in the nation due to its ability to address the ongoing supply chain crisis facing the nation.

In the first week of October, the CAIP team met with the Port of Los Angeles and related port stakeholders-Pacific Harbor Rail (short-line railroad that serves the LA/LB ports) and the Alameda Corridor Transportation Authority (ACTA), which has a role in the rail corridor that moves goods out of the port and across the state and country. All expressed strong support, and staff anticipates support letters from those agencies. During the second week of October, the CAIP team visited Sacramento and met with various state agencies and stakeholders to raise awareness and solicit support.  These agencies included: CALSTA, California Energy Commission, Office Planning & Research, California Department of Food and Agriculture, Caltrans, California Fuel Cell Partnership, and the California Transportation Commission.  In summary, all the agencies expressed strong support because the project aligns perfectly with the state’s policy goals in multiple areas.

Earlier this month, CALSTA released its guidelines for the State’s 2022 Port and Freight Infrastructure Program ($1.2 billion) and the “call-for-projects”  for that same program.  The CAIP planning team believe that port/freight infrastructure funding is arguably a once-in-a-lifetime funding opportunity to bring much needed funding to the CAIP project and that staff should pursue the available funding.  The grant application submittal deadline for the Port & Freight Infrastructure Program is Jan 13, 2023. 

Given that the Fresno COG Policy Board doesn’t meet in December and the January Policy Board meeting is Jan. 29, 2023, after the grant application deadline, it is imperative that the Fresno COG Policy Board take an action to approve submitting a CAIP grant application that seeks funding from the State of California’s FY 2022/23 Port and Freight Infrastructure Program.

In a perfect planning world, the call-for-projects for the port/freight funding would occur after CAIP's site selection process had been completed, and the grant application would reflect the two best Inland Port locations as determined by the site evaluation process and the selection panel.  Although it is not ideal, the consensus is that the funding opportunity is too great to pass up and therefore the CAIP team will be submitting a port/freight infrastructure grant that does not identify specific inland port sites but does explain the California Inland Port concept in detail.   The application will clarify the CAIP regional planning process, including the site selection process. It will be made very clear in the grant application that the site selection process is in progress and will be completed by early spring 2023.

Recommendation:  Staff and TTC/PAC recommend the Policy Board approve Resolution 2022-44 for the California Inland Port grant application to the State of California’s FY 2022/23 Port and Freight Infrastructure Program.

Summary: In September, Board members requested regular updates from Dr. Aly Tawfik, who leads the Fresno State Transportation Institute (FSTI).  FSTI receives Measure C New Technology grant funding -- originally under a five-year contract, which the Board extended through February 2026. Dr. Tawfik will discuss FSTI's roles, responsibilities and activities and ways in which local agencies can assist the Institute's efforts.

Action: Information and discussion.

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.

Summary: Staff annually provides a listing of all anticipated Policy Board and committee meetings, as well as office holidays, for the coming calendar year.

Action: Staff recommends the Policy Board adopt the 2023 Fresno COG meeting calendar.

Summary: Transportation Development Act (TDA) contract auditor Price Paige has notified Fresno COG that it has gone considerably over budget at its own expense in each of the years it has performed the TDA audits, and will be cancelling the contract for 2022, one year ahead of term. This will necessitate immediate action to keep the audits on schedule.

Fresno COG presented two potential alternatives to the PAC: 1) Fresno COG can attempt to solicit a new firm through a request for proposals to take the audits on short notice at a reasonable price, or 2) staff can inform member agencies they will be responsible for submitting the 2022 compliance audit to FCOG as part of their annual audit.

The Policy Advisory Committee recommended that the question of member agencies incorporating the audit requirements into their audits should be postponed to the 2023 fiscal year considering that of the jurisdictions have already started their audit for 2022.  Accordingly, staff will proceed with an RFP for the 2022 TDA audits.

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

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.