Approve and adopt resolution finding that the City Selection Committee meeting is being held during a proclaimed state of emergency and determining that as a result of the proclaimed state of emergency, meeting in person would present imminent risk to the health and safety of attendees and authorizing the City Selection Committee to conduct its meetings remotely in compliance with Government Code section 54953(e)

Appoint Chair of the City Selection Committee to the seat previously held by Michelle Roman and serve the remainder of the current term, which will expire April 3, 2023.

Appoint the next Chair of the City Selection Committee, effective April 3, 2023. The new term will be April 3, 2023, to April 1, 2025.

Appoint the next Vice Chair of the City Selection Committee to succeed Rey Leon, whose current term will expire April 3, 2023. The new term will be April 3, 2023, to April 1, 2025. Note: At least 60 days prior to the expiration of the term of office of the Chair and/or Vice Chair, the Committee shall meet and select a successor to the Chair and/or Vice Chair. (GC § 5027 4.)

Appoint one (1) alternate member to the San Joaquin Valley Unified Air Pollution Control District Citizens Advisory Committee to the seat previously held by Ron Ramsey and serve the remainder of the current term, which will expire Jan. 31 , 2025.

Appoint one Westside member to the Transportation Authority to the seat previously held by Rolando Castro and serve the remainder of the current term, which will expire June 30, 2023 Note: City Selection Committee appoints two members representing cities within the county (other than the cities of Fresno and Clovis) - one westside member appointed by a committee comprised of the mayors of each of those cities west of State Highway Route 99 and one eastside member appointed by a committee comprised of the mayors of each of those cities east of State Highway Route 99. (PUC §
142051(d))

Appoint one small-city member to the San Joaquin Valley Regional Early Action Planning (REAP) Committee (Working Group), previously known as the San Joaquin Valley Local Government Planning Support Grants Program (Working Group), to the seat previously held by Gary Yep and serve the remainder of the current term, which will expire Dec. 31 , 2024.

(This portion of the meeting is reserved for persons desiring to address the City Selection Committee
on any matter the committee has jurisdiction over which is not on this agenda)

Summary: The San Joaquin Valley (SJV) Regional Policy Council provides a forum for the eight Valley regional transportation planning agencies to communicate easily and effectively on regional issues that impact all Valley residents, such as transportation, air quality and advocacy efforts. Working regionally to identify actions items that--when implemented by individual regional planning agencies--result in a single vision for the entire San Joaquin Valley. 

The Policy Council comprises two elected officials from each of the eight councils or associations of government, as well as one alternate member. Meetings are typically held quarterly and include two policy advocacy trips annually, one each to Sacramento and Washington, D.C.

Action: Appoint two Fresno COG representatives to the SJV Regional Policy Council to replace outgoing members former Kerman Mayor Gary Yep and former Sanger Mayor Eli Ontiveros, along with one alternate to replace former Fresno COG Chairwoman Michelle Roman.

Summary: The California Association of Councils of Governments (CalCOG) is a nonprofit, professional and social welfare organization formed to serve regional governments.  As a member in good standing, Fresno COG is assigned one Board representative and one alternate.

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: 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 Board 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.

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 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, 2022, 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 Feb. 25, 2023 and direct staff to continue providing video/teleconferencing provisions for all Fresno COG committee and Board meetings through Feb. 25, 2023.

Summary: Measure C's Transit-Oriented Infrastructure for Infill Development (TOD) program was established as part of the Measure C 2006 Extension Plan. It was designed to boost transit ridership through transit supportive land uses such as compact development and mix uses, and other transit complementary infrastructure development and planning activities. It was intended to provide seed money for transit-oriented development in Fresno County and promote livable, sustainable and healthy communities that are walkable, bikeable and transit friendly. 

There are three subprograms under the TOD program:

1. Capital Improvement Program: This program funds capital improvement projects that support transit and encourage walking and biking.

2. Planning Program: This program provides funding for planning activities such as transit station-area planning, transit corridor plans, etc., that will enhance transit and promote transit-oriented development.

3. Housing Infill Incentive Program: This program rewards local governments for encouraging higher-density development with TOD characteristics. Funding may also be used to offset development impact fees or on a capital infrastructure project that would support TOD.

The TOD program is estimated to generate around $16.9 million over its 20-year lifespan, and accrues around $850,000 annually. The 11th cycle has approximately $2,021,500 available. 

The call for projects for the 11th funding cycle opens Jan. 13, and applications are due Feb. 28. The TOD Program policies and guidelines are available at: https://www.fresnocog.org/measure-c-transit-oriented-development/. The application package is attached with this agenda.

Please contact Kristine Cai at kcai@fresnocog.org for any questions regarding this program.

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

Summary: On Sept. 30, 2022, Fresno COG issued a request for proposals to produce the Fresno County Coordinated Public Transit – Human Services Transportation Plan.  This plan will examine transit funding, equipment and operational resources, and how those resources can effectively address current and future public transportation needs and gaps, as well as to identify improvement strategies, or public-driven transportation projects and needs that may be implemented over time. The plan will replace the previous CPT-HSTP, which was completed in 2008 and updated in 2015.

Federal transit law requires that projects selected for funding under the Enhanced Mobility for Individuals and Individuals with Disabilities (Section 5310) Program be "included in a locally developed, coordinated public transit-human services transportation plan," and that the plan be "developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers and other members of the public" using transportation services.

Consultant selection:  Fresno COG received one proposal from Moore and Associates (M&A), which has offered professional consulting services on a continuous basis for 30 years to a client base composed exclusively of public sector transportation organizations. Founded in 1991 and incorporated in California, M&A is a full-service consultancy that regularly provides service evaluation and planning, market research/data collection, marketing and outreach, and performance audits. M&A have offices in southern California, the Dallas-Fort Worth Metroplex, and central Florida. M&A has been a trusted consultant on previous Fresno County projects, including the most recent Fresno COG Triennial Performance Audit and the City of Fresno, Department of Transportation/FAX Title VI Plan.

Action: Staff and the TTC/PAC recommend the Policy Board select Moore and Associates to produce the Fresno County Coordinated Public Transit – Human Services Transportation Plan, and that the executive director be authorized to enter into a contract with Moore and Associates, Inc. for an amount not to exceed $115,929.

Summary: In December, Caltrans released the FY 21/22 Fresno County region's obligation authority (OA) funds delivery report. The 21/22 OA delivery target was $26.4 million and the region was able to obligate $29.4 million, or 111.4% of Congestion Mitigation Air Quality Improvement (CMAQ) and Surface Transportation Block Grant (STBG) program funds.

The FY 22/23 OA delivery target is $23.1 million. Based on member agency discussions, Fresno COG is projecting to obligate $28.6 million and exceed the 22/23 target, as shown in the quarterly report. Staff will be scheduling obligation plan meetings in late February with all member agencies to discuss programmed projects and finalize the OA plan to submit to Caltrans by April 1.

Please keep Fresno COG staff updated on any changes to programmed projects that could possibly impact the region’s project delivery plan.

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

Summary: The Overall Work Program (OWP) is an annual administrative document that details all tasks and deliverables that Fresno COG intends to provide during a budget year to meet state and federal guidelines. Projects requested by local, state and federal agencies that address regional issues and concerns are included to provide a comprehensive overview of the annual Fresno COG program. Project scope is limited by available funding.

Agencies are encouraged to submit appropriate projects to Fresno COG staff for possible inclusion in the FY 2023-24 OWP. These proposals may include but are not limited to:

• Freight and rail studies
• Corridor or interchange studies
• Transit studies or plans and
• Requests for technical assistance.

Requests should be submitted in writing to the executive director no later than Jan. 31, 2023. All requests will be reviewed for project eligibility and budgetary impacts. Eligible projects will be included in the Draft Overall Work Program that will be presented to Fresno COG’s Board in February or March 2023.

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

Summary: Fresno County Transportation Authority (FCTA) and Fresno Council of Governments signed a cooperative agreement to address Rural Project F-Golden State Corridor Economic Development Infrastructure Improvements within Measure C's Short-Term Regional Transportation Program (STRTP).

The project has reached the 100% design phase. In February 2022, the Board authorized amending this agreement to include additional work requested by the Union Pacific Railroad (UPRR). To proceed with construction, the project is broken into two phases while UPRR is reviewing final design plans that affect the railroad's right-of-way.

Extra work is needed to separate the plan sets into phase 1 and phase 2, perform aerially deposited lead soil testing requested by Fresno County, and alternative analyses for the City of Fowler monument signs. This additional work will result in an additional $169,465.12 in project design expenses. An amendment to the cooperative agreement is required to reflect additional budget to the Measure C funding allocated for the design phase.

Action: Staff and TTC/PAC recommend the Policy Board authorize the executive directo to execute, and the Board chair to sign, Amendment No. 7 to the FCTA cooperative project agreement, increasing the not-to-exceed project budget for the design phase by $169,465 to $6,118,462.

Summary:  Fresno Council of Governments' Policy Board, acting as the Fresno County Mayors’ Select Committee, along with the chairman of the Fresno County Board of Supervisors, is tasked with appointing members to the Measure C Citizen Oversight Committee (COC), consistent with the November 2006 voter-approved Measure C Expenditure Plan.

The COC informs the public and ensures that Measure C program revenues are spent as promised.

The Measure C Expenditure Plan specifies that the COC shall comprise 13 members, including six at-large public members who respectively reside in each of the five Fresno County Supervisorial Districts. Three of the six must reside in the Fresno-Clovis metropolitan area and two must reside in the unincorporated rural area of the county (east and west). The remaining seven members must be representatives drawn from a diverse mix of interested community organizations.

Members serve four-year terms, with a maximum limit of eight years on the committee. Appendix G of the Measure C Extension Expenditure Plan (attached) states the Committee’s duties and responsibilities. There are seven vacancies with four-year terms to begin Jan. 27, 2023:

• Four positions for community organization representatives (organization/agency/service clubs/chambers of commerce, etc. must provide an applicant with a letter of recommendation.)

• Three public-at-large positions representing the following:

• Unincorporated rural area west of State Route 99 (supervisorial district 1)
• Fresno-Clovis Metropolitan Area (supervisorial district 3)
• Unincorporated rural area east of State Route 99 (supervisorial district 5)

Fresno COG staff is presenting the following applicants to be approved by the Mayors' Select Committee:

• Emily Brandt for the unincorporated rural area west of State Route 99 (supervisorial district 1)
• Louis Herrera for the Fresno-Clovis Metropolitan Area (supervisorial district 3)
• Samuel Molina as a community organization representative for Binational of Central California
• Shannon Avilla as a community organization representative for First Steps Recovery

Fresno COG and Transportation Authority staff will continue recruiting new members until all the positions are filled.

Measure C Citizen Oversight Committee webpage:  fresnocog.org/citizen-oversight-committee/  

Action: Appoint four members to the Measure C Citizen Oversight Committee.

Summary: Fresno COG's Regional Active Transportation Plan update occurs every five years, in line with California Transportation Commission recommendations. In September 2022, staff released a request for proposals to update the Regional Active Transportation Plan (ATP). Built upon the past planning efforts, including the 2018 Regional ATP and the 2022 RTP/SCS, the 2023 ATP update aims to equip Fresno COG’s member agencies with the tools to compete for all funding sources that support Active Transportation programs and projects. The participating agencies for this update are: Firebaugh, Fowler, Huron, Mendota, Orange Cove, Coalinga, Kerman, Kingsburg, Parlier, Sanger, San Joaquin, and the County of Fresno. The rest of the member jurisdictions will develop their own ATPs, which will be included in the appendix of the Regional ATP. The budget for the project is $359,544.    

Fresno COG received three proposals. A scoring committee -- comprising one representative each from the County of Fresno and Fresno COG, two representatives from eastside cities, two representatives from westside cities, and a member of the public -- convened on Nov. 16, 2022 to interview the consultants. The scoring committee unanimously recommended Fehr & Peers for the update.

• The Fehr & Peers team developed Fresno COG's 2018 Regional ATP and has extensive experience preparing ATPs in other regions in the State. The team proposed extensive community outreach events, demonstrating strength in community engagement strategies and familiarity with unincorporated disadvantaged communities. 

For any questions regarding the Regional Active Transportation Plan, please reach out to staff lead Simran Jhutti at jhutti@fresnocog.org. 

Action: Staff and TTC/PAC recommend the Policy Board authorize the executive director to enter into a contract with Fehr & Peers for the Regional ATP update for an amount not to exceed $359,533.87. 

Summary: Federal transportation conformity regulations require that the travel forecast model used in conformity analyses cannot have a base year that is more than a decade old. Fresno COG's activity-based model (ABM) was validated to a base year of 2014, which means it will no longer be valid for conformity after 2024. 

RSG, the consultant team that developed the ABM, has been providing technical support to Fresno COG's modeling team during the 2022 RTP/SCS development process and has been working with Fresno COG staff on improving the SB 743 VMT analysis tools. The firm is familiar with the model's structure, and is well aware of the improvements needed in various planning activities in the last few years. Due to the atypical travel patterns during the pandemic years, COG staff is proposing a small validation to the year of 2019 given that some groundwork for 2019 socio-economic input was already completed in 2020 when SB 743 guidelines were being developed. Fresno COG staff will work on developing background input for the model with guidance from RSG, and the RSG team will focus its efforts on model enhancement, calibration and validation.

Attached please find the proposed scope of work for the COG ABM 2019 base-year update. Staff recommends that the contract is sole-sourced to RSG given the firm's knowledge about the model and the small scale of the update efforts.

Action: Staff and TTC/PAC recommend that the Policy Board authorize the executive director enter into a contract with RSG for an amount not to exceed $111,257 for the ABM 2019 base-year update. 

Summary: The Moving Ahead for Progress in the 21st Century (MAP-21) and the Fixing America’s Surface Transportation Act (FAST Act) require metropolitan planning organizations (MPOs) to set annual targets for five safety performance measures.

• Number of fatalities
• Rate of fatalities per 100 million vehicle miles traveled (VMT)
• Number of serious injuries
• Rate of serious injuries per 100 million VMT
• Number of non-motorized fatalities and serious injuries

Caltrans, in coordination with the Office of Traffic Safety (OTS), sets the statewide safety targets for these five safety measures every year, known as Safety Performance Management Targets (SPMTs). MPOs can either choose to support the statewide target or set a separate regional target. In the previous target-setting iterations, Fresno COG set its own targets for 2018 while simply supporting the statewide targets for 2019 through 2022. This year also, Caltrans set the statewide safety targets using a trend-based approach that extrapolates the existing changes in fatalities and serious injuries in the future. Based on this methodology, 0.3% and 2.3% are the annual reduction targets in the number of fatalities and serious injuries, respectively. Similarly, the annual reduction targets for rate of fatalities and serious injuries are 1.7% and 2.3%, respectively. The white paper for Caltrans’ PM1 2023 Safety Performance Management Target-Setting is attached.

Each year, Fresno COG analyzes the historical crash datasets for Fresno County region and proposes different target- setting options to discuss with the safety committee. The safety committee comprises technical staff and safety planners from multiple jurisdictions in Fresno County. The committee convened on Dec. 21, 2022 to discuss the appropriate methodology/option, and there was consensus for supporting the statewide targets this year as well. 

Action: Staff and TTC/PAC recommend that the Policy Board approve supporting the statewide targets for all five safety performance measures for 2023.

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: In May 2021, Rep. Danny Davis (D-IL) introduced House Resolution (H.R.) 3339, which would establish the National Infrastructure Bank to provide for long-term infrastructure project financing.

A bill summary notes that the bank would be responsible for providing loans to public and private entities for financing, developing, or operating eligible infrastructure projects. An eligible project must have a public sponsor as well as local, regional, or national significance.

The bill treats the bank as a government corporation exempt from tax and treats contributions to the bank as charitable contributions and provides for criteria and preferences for deciding whether to provide a loan, such as whether a project promotes job creation or provides environmental benefits.  Text of the bill itself may be found at https://www.congress.gov/bill/117th-congress/house-bill/3339/text?r=1&s=1

Action: Staff and the TTC/PAC recommend the Policy Board approve Resolution 2023-02 supporting H.R. 3339, creating a National Infrastructure Bank.

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 partners guidance when advocating on the Policy Board's behalf. Attached is the draft 2023 Legislative Platform for review and comment.

Action: Staff and PAC recommend the Policy Board approve and adopt the 2023 Fresno COG Legislative Platform. The Committee may provide additional direction at its discretion.

Summary: Under a Dec. 31, 2022 deadline, Fresno COG submitted an abridged version of its formal application for Regional Early Action Planning (REAP) 2.0 funding to State agencies Housing and Community Development (HCD), Air Resources Board (ARB), the Office of Planning and Research (OPR) and the Strategic Growth Council (SGC).  The application delienates Fresno COG's proposed methodology and scoring criteria for project applications. It also requires a support resolution from the governing agency, which is presented for approval.

Born from the State's 2021 budget process (AB 140), REAP 2.0 provides $600 million statewide and up to $13.6 million to the Fresno region to accelerate progress toward State housing goals and climate commitments through a strengthened partnership among the State, its regions, and local entities. 

REAP 2.0 expands on REAP 1.0 from 2019 by integrating housing and climate goals, and allowing for broader infrastructure investments that support infill development to improve housing supply, choice, and affordability. Funded by $500 million of Coronavirus State and Local Fiscal Recovery Funds of 2021 (SLFRF) and $100 million from the State General Fund, REAP 2.0 intends to make funding available for "transformative" planning and implementation activities that meet housing goals and reduce per capita vehicle miles traveled.

Fresno COG's proposed methodology hews closely to State guidelines that require projects to demonstrate "significant beneficial impact" and meet the definition of a transformative planning and implementation activity through specific, measureable metrics.  "Sigificant beneficial impacts" are defined as "substantial changes in land use patterns and travel behaviors" and may be measured by several means, including: rates of change (e.g., percent increase over a baseline); magnitude of impact relative to variables or targets;proportion of need achieved and/or;impact relative to past trends, policies, and practices.

Fresno COG previously submitted an initial application for 5 percent of the total regional allotment for public outreach, program management and administration purposes but has not yet received any funding, despite having returned a master fund transfer agreement.

Funds from the initial application were intended to be used for developing the formal, "final" application, including a robust public outreach process. Nevertheless, Fresno COG staff developed a rudimentary public outreach campaign comprising two meetings of RTP Roundtable members as a stakeholder group, along with another four public workshops on the program and methodology, all conducted via Zoom. In addition, staff conducted an online survey through publicinput.com to solicit input on the proposed methodology and scoring criteria.

Approximately 98 stakeholders and residents attended the combined six workshops and submitted 75 comments/votes in total.  The online survey has elicted another five to 10 comments to date.  Broadly, those comments support the proposed methodology attached to this staff report.

While the final application was originally supposed to include specific proposed uses and projects, given slow processing time, HCD requested that metropolitan planning organizations provide at least a methodology framework by the Dec. 31 deadline.  From there, the application would be an iterative process that will eventually detail the proposed projects, once State partners approve an MPOs proposed methodology and scoring criteria.

In addition, HCD extended the deadline for MPOs to provide a support resolution for the Dec. 31 application.

Action: Staff and TTC/PAC recommend the Policy Board approve Resolution 2023-01, supporting Fresno COG's REAP 2.0 application to HCD and other State partners.

Summary: County of Fresno Chief Probation Officer Kirk Haynes will offer a short presentation regarding the Probation Department's new Mobile Services Unit to assist cities outside of the metro Fresno area. Probation Mobile Services will focus on unhoused clients who are on Probation supervision as well as crime victims who are seeking assistance with navigating the the local criminal justice system. 

Action: Information.  The Policy Board 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.