Fresno COG Header
Policy Advisory Committee
Date:
Time:
Place:

Friday, February 10, 2023
10:00 AM
Via Zoom Webinar and at COG Sequoia Conference Room
2035 Tulare St #201

Americans with Disabilities Act (ADA) Accommodations
The Fresno COG offices and restrooms are ADA accessible. Representatives or individuals with disabilities should contact Fresno COG at (559) 233-4148, at least 3 days in advance, to request auxiliary aids and/or translation services necessary to participate in the public meeting / public hearing. If Fresno COG is unable to accommodate an auxiliary aid or translation request for a public hearing, after receiving proper notice, the hearing will be continued on a specified date when accommodations are available.

The Fresno COG Policy advisory committee will take place

in person at the Fresno COG Sequoia CONFERENCE Room and via Zoom Webinar.


TO JOIN THE ZOOM WEBINAR:

https://us06web.zoom.us/webinar/register/WN_RftZjlWgRCGvKc53d2gO_Q

JOIN BY PHONE: (669) 900-6833

MEETING ID: 856 3321 3711

If you wish to join by phone, please enter the meeting ID FOLLOWED BY THE # SIGN. No Passcode is needed.

 

If you wish to address the committee during the public comment portion of the agenda, click on the “Reactions” Button at the bottom center of your computer screen. Select the Hand icon, click the icon to “Raise Hand”.  Your digital hand will now be raised and fresno cog staff will prompt you to unmute.

 

When on the phone, if you wish to address the policy board during the public comment portion of the agenda, Press *9 to “Raise Hand” and we will select you from the meeting cue and prompt you to unmute.

 

If joining by phone use *6 to unmute and mute yourself.  When joining the meeting all participants are automatically muted.  Do NOT use the mute function on your LANdline phone or cell phone. 

 

Those addressing the committee must state their first and last name and ANY AFFILLIATED agency for the record.

 

To facilitate electronic access, no person shall speak until recognized by the Chair.

POLICY ADVISORY COMMITTEE

The Policy Advisory Committee will consider all items on the agenda.  The meeting is scheduled to begin at 10 a.m.

JOINT Transportation Technical/Policy Advisory Committee

A.
Caltrans Report (Caltrans) [INFORMATION]

I.TRANSPORTATION CONSENT ITEMS

About Consent Items:

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.

A.
Executive Minutes of January 13, 2023 [APPROVE]
B.
Transportation Development Act (TDA) Claims (Les Beshears) [ACTION]

1.
City of Fresno Fiscal Year 2022-23 TDA Claim (Les Beshears) [ACTION]

Action: Recommend approving Resolution 2023-03 adopting the City of Fresno's 2022-23 Transportation Development Act claims totaling $52,630,241.

C.
Fiscal Year 2022 Transit Productivity Evaluation (Jeff Long) [ACTION]

Summary: Under California Public Utilities Code 99244, Fresno COG annually conducts a productivity evaluation to assess transit operators in the region that receive State Transportation Development Act funds and to recommend potential productivity improvements. The evaluation identifies, analyzes, and recommends potential productivity improvements that could lower transit providers' operational costs. If Fresno COG determines that an 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 2022 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 2022 Transit Productivity Report on January 17, 2023.

Action: Staff and SSTAC request the TTC/PAC recommend that the Policy Board accept the FY 2022 Transit Productivity Evaluation Report.

D.
Fiscal Year 2023-24 Local Transportation Fund (LTF) Preliminary Estimates (Les Beshears) [INFORMATION]

Summary: Preliminary Local Transportation Fund (LTF) estimates are released each February to provide member agencies information to assist their budget process for the upcoming year. The final estimates will be adjusted for the Department of Finance's 2023 population numbers and presented to the Board for adoption in May. The County Auditor/Controller estimates 2023-24 LTF at $57 million, which is a $5.1 million (10%) increase. 

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

E.
Fiscal Year 2023-24 State Transit Assistance (STA) Final Estimates (Les Beshears) [INFORMATION]

Summary: Preliminary tate Transit Assistance (STA) estimates are released each February to provide member agencies information to assist their budget process for the upcoming year. The final estimates will be adjusted for the Department of Finance's 2023 population numbers and presented to the board for adoption in May. The State Controller’s Office estimates the 2023-24 apportionment at $14.53 million, which is a $3.22 million (29%) increase.  

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

F.
Fiscal Year 2023-24 State OF Good Repair (SGR) Final Estimates (Les Beshears) [INFORMATION]

Summary: Preliminary State OF Good Repair (SGR) estimates are released each February to provide member agencies information to assist their budget process for the upcoming year. The final estimates will be adjusted for the Department of Finance's 2023 population numbers and presented to the board for adoption in May. The State Controller’s Office estimates the 2023-24 apportionment at $1.95 million which is a $95,258 (5%) increase. 

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

G.
Fiscal Year 2023-2024 Unmet Transit Needs Assessment Update (Harold Sobrado) [INFORMATION]

Summary:  At the beginning of each fiscal year, Fresno COG determines the Local Transportation Fund amounts (LTF) available to local agencies within Fresno County from Transportation Development Act (TDA) funds. Allocations are provided in four categories: bicycle and pedestrian facilities, social services transportation, regional transportation planning, and public transportation. Prior to allocating LTF funds for local streets and roads in individual jurisdictions, Fresno COG must identify any unmet transit needs that are reasonable to meet in that jurisdiction. The annual Unmet Transit Needs Assessment is conducted for that purpose and to make any related findings. 

The FY 2023 Unmet Transit Needs Assessment kicked off at the Fresno COG Social Services Transportation Advisory Committee (SSTAC) on Tuesday, Jan. 17.

Public outreach is an essential component of the Unmet Transit Needs Assessment. This year, the public outreach component will consist of an online survey, six in-person events, two virtual events, and a public hearing.  The online survey is available in English and Spanish until March 24 at:

English - https://publicinput.com/utn2023

Spanish - https://publicinput.com/spanishutn2023

The dates, times, and locations of each public outreach meeting are as follows:

In-person Meeting No. 1
5:30 p.m. Tuesday, Feb. 14 in Mendota for West Fresno County
Mendota City Hall, Council Chambers
643 Quince Street, Mendota, CA 93640

In-person Meeting No. 2
5:30 p.m. Wed., Feb. 15 in Fresno for the urban area
Pinedale Community Center
7170 N. San Pablo Ave, Pinedale, CA 93650

Virtual Meeting No. 1
10 a.m. Thurs., Feb. 16 on ZOOM
Topic: Unmet Transit Needs Assessment Community Meeting
Register in advance for this webinar:
https://us06web.zoom.us/webinar/register/WN_DWGQuROjSlKhmOPix6HKqg

In-person Meeting No. 3
5:30 p.m. Thurs., Feb. 16 in Clovis for the urban area
Clovis Senior Center
850 4th St., Clovis, CA 93612

Virtual Meeting No. 2
5:30 p.m. Wed., Feb. 22 on Facebook
Topic: Unmet Transit Needs Assessment Community Meeting
Register in advance for this webinar:
https://us06web.zoom.us/webinar/register/WN_lNuwdaFaRfWtLDYxhx8xTA

In-person Meeting No. 4
9 a.m. Saturday, Feb. 25 at Fresno COG
Fresno COG, Sequoia Room
2035 Tulare Ste. 201
Fresno, CA 93721

In-person Meeting No. 5
5:30 p.m. Tues., Feb. 28 in Huron for West Fresno
Public Safety Building, Sky Room
17051 12th Street, Huron, CA 93234

In-person Meeting No. 6
5:30 p.m. Wed., March 1 in Sanger for East Fresno County
1700 7th. Street, Sanger, CA 93657

Public outreach events for the FY 2023 Unmet Transit Needs Assessment conclude with a public hearing at the Fresno COG Policy Board meeting on Thursd., April 27, 2023. 

Transit riders and stakeholders can submit comments that are aggregated with the survey, in English at https://publicinput.com/utn2023, and Spanish at https://publicinput.com/spanishutn2023. They can also submit a comment via voicemail (855) 925-2801, entering project code: “8288”, when prompted. 

Marketing activities for the FY 2023 Unmet Transit Needs assessment include flyers to the FAX unmet transit needs mailing list, articles published in the Fresno COG and FAX newsletters, and social media posts through Fresno COG and FAX social media channels.

More information about the FY 2023 unmet transit needs process -- including outreach activities, meeting times, addresses, and call-in information for the virtual events -- can be found on at www.fresnocog.org/unmet-transit-needs-assessment/

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

H.
Chairperson appointment to the Social Services Transportation Advisory Committee (Todd Sobrado) [ACTION]

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 annual unmet transit needs hearing, and advise Fresno COG on other transit issues. 

The Board appoints SSTAC members for two-year terms, including the chairperson.

SSTAC members selected Amy Hance with Clovis Transit as their new chairperson at their January meeting.

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

Action: Staff requests that the TTC/PAC recommend the Policy Board appoint Amy Hance the chairperson of the SSTAC.

II.TRANSPORTATION ACTION/DISCUSSION ITEMS

A.
2023 Regional Active Transportation Program Recommendations (Simran Jhutti) [ACTION]

 

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.  The program encourages active transportation modes, such as biking and walking. 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 Fresno COG Policy Board approved the regional ATP guidelines on May 26, 2022. 

The state initiated its sixth-cycle ATP call for projects from March 16 through June 15, 2022. The Fresno region submitted 18 applications with a total project cost of $43.92 million. 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 two applications not submitted to the statewide program and two applications that were submitted to the statewide program. Supplemental applications were due to Fresno COG on Nov. 18, 2022.  The supplemental application allows agencies to phase or segment a project for regional ATP consideration.

One Fresno County project totaling $2.98 million was awarded through the statewide competitive program. This project was no longer considered for the regional program.

ATP cycle 6 will cover four years of funding – FY 2023-24 through FY 2026-27. Fresno COG’s share provides $18.6 million. At least 25 percent of program funds must benefit projects in disadvantaged communities.

The regional program received 17 applications with a total project cost of $37.5 million. The regional scoring committee convened on Jan. 11 to consider and score the applications.  The scoring committee comprised representatives from the City of Clovis, Fresno County, eastside cities, westside cities, Caltrans, Fresno COG, a bicycling advocacy organization and a non-government organization.

The ATP cycle 6 recommended program of projects is attached and can also be found on Fresno COG’s ATP website: Active Transportation Program (ATP) - Fresno Council of Governments (fresnocog.org).

Please note that the programming years can vary based on funding capacity for each year.

Please see below the projects recommended for funding. A comprehensive list has been attached.

 Agency

 Project Title

 Total

100 pts

 Amount Requested

 Leveraged Amount

 Total Project Cost

 Available Funding

$18,600,000

Balance

Fresno

Downtown Neighborhood Safe Schools Crossing

 84

 $1,636,00.00

 -

  $1,636,00.00

 $16,964,000.00

Fresno County

Calwa Sidewalk Project

 83.17

 $2,697,000.00

 $732,000.00

 $3,429,000.00

 $14,267,000.00

Fresno County

Tranquility Sidewalk Project

 83

 $458,000.00

 $4,150,000.00

 $4,608,000.00

 $13,809,000.00

Parlier

Limitless Lane Network

 81.71

 $3,500,000.00

 -

 $3,000,000.00

 $10,809,000.00

Parlier

Schools Corridor Active TransportationImprovements Project

 81

 $3,500,000.00

 -

 

$3,000,000.00
 

 $7,809,000.00

Coalinga

Perimeter Trail Interconnect Pacific South and Gregory North

 80.4

 $1,774,080.00

 $241,920.00

 $2,016,000.00

 $6,034,920.00

Fowler

Freemont Elementary/Marshall Elementary/ Fowler High Safe Routes to School

 77.7

 $600,000.00

 -

  $600,000.00

 $5,434,920.00

Selma

Branch Canal Parway Project

 75.6

 $3,098,200.00

 $401,800.00

 $3,500,000.00

 $2,336,720.00

Fresno County

Herndon-Barstow Elementary High Intensity Activated Crosswalk

 74.2

 $603,000.00

 $198,000.00

 $801,000.00

 $1,733,720.00

Huron

Citywide Sidewalk Improvements

 71.17

 $1,741,000.00

 $1,741,000.00

 ($7,280.00)

 

To summarize the proposed recommendations:

  • The jurisdictions submitted 17 applications with a total project cost of $37.5 million. 
  • The scoring committee recommended that $18.6 million in ATP funds be programmed for nine projects and one partially funded project.
  • All of the recommended projects are located within and directly benefit disadvantaged communities, well exceeding the 25 percent minimum.

Below is the schedule for adopting the cycle 6 program of projects:

  • Fresno COG Policy Board adopts recommendations: February 2023
  • Deadline to submit the draft program of projects to CTC staff: February 21, 2023
  • Deadline to submit the final program of projects to CTC staff: April 21, 2023
  • CTC adopts MPO programs of projects: June 2023 meeting
  • Fresno COG 2023 FTIP amendment to incorporate the approved Cycle 6 ATP projects: Fall 2023

Action: Staff and the ATP scoring committee request that TTC/PAC recommend the Policy Board approve the cycle 6 Regional Competitive Active Transportation Program of Projects by adopting Resolution 2023-04.

B.
2023-24 Draft Overall Work Program and Budget (Robert Phipps) [ACTION]

Summary: The fiscal year (FY) 2023-24 Overall Work Program (OWP), totaling $53.2 million is submitted for TTC/PAC, Board and public review. The proposed budget increased $5.9 million from last year. Operational revenues remain intact, reserves are adequate, and the agency continues to operate within the bounds of prudent management.

The largest part of the increase is attributed to $13.6 million in anticipated funding from the Regional Early Action Plan (REAP 2.0) funds provided by the California Department of Housing and Community Development, California Air Resources Board, Governor’s Office of Planning and Research and the Strategic Growth Council. This increase was partially offset by decreases in a variety of multi-year “one-time” project funds that are spent and not reflected in subsequent years’ budgets. Generally, operating expenses are not affected this way.

Federal revenues decreased 14 percent ($1.6 million). Included in this are decreases in multiple one-time projects where significant work occurred during the current budget year, such as the Inland Port Study and Regional Valleywide Travel Survey.   

State revenues increased 63 percent, ($10.9 million) primarily due to the REAP 2.0 grant.   

Local revenues decreased 26 percent ($3.4 million), resulting from elimination of in-kind revenues associated with the TradePort California and drawdowns from Measure C New Tech grants to Fresno State Institute and Fresno County Rural Transit Agency (FCRTA).

There are no new Fresno COG planning positions included in this year’s proposed budget however, a number of positions turned over last year, reflecting younger employees at lower salary and benefit rates. Contingencies are carried for merit-based salary increases as well as for anticipated health insurance increases. The overall proposed budget for salaries decreased by less than a  percent and benefits by 1 percent.

The overall consulting budget is $22.7 million, which increased $7.1 million. New consulting projects are discussed in detail under work elements in the executive summary(attached).

Action: Staff requests that the TTC/PAC recommend the Policy Board release the Draft 2023-24 Overall Work Program and budget for public review and comment.

III.ADMINISTRATIVE CONSENT ITEMS

About Consent Items

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.

A.
Transportation Development Act Compliance Audits 2022 (Les Beshears) [ACTION]

Summary: In November 2022 staff advised the PAC and Board that Price Page served notice of intent to cancel the contract for the 2022 member agency audits of Transportation Development Act funds.  Highlights of that discussion include:

  • The audits were due Dec. 31, 2022.  (optional extension to March 31)
  • Statutorily, FCOG may not allocate TDA funds to agencies with delinquent audits. This also applies to State of Good Repair and Low Carbon Transit Operations funding from the State.
  • Auditing requirements have gradually increased in complexity until what originally could be performed as a simple, routine program audit is now a full blown financial statement audit based on generally accepted accounting principles. 
  • The audits have been falling further behind for a number of years, owing to increasingly complex audit requirements and member agencies' more sophisticated accounting procedures, requiring additional examination.
  • Several audits for 2021, which are now delinquent, are still in process.
  • Price Paige is working under an estimate developed in 2018 and has gone significantly over budget at its expense in each of the years the audits were performed.
  • Price Paige has agreed to complete the 2021 audits at its cost but will not extend services for 2022.

Issuing a request for proposals is problematic from several perspectives, but it simply may not be feasible to expect an outside firm to give a reasonable bid for the 2022 audits when the 2021 audits are still ongoing. Staff entered into negotiations with Price Page, which agreed to assign senior staff to perform the 2022 audits if Fresno COG agrees to increase the fee by $62,380. While this is double the $31,190 currently budgeted, it still averages out to under $4,000 per city, which would be difficult to match if an RFP were issued or if each city extended their individual contracts with their internal audit firm. Price Page is committed to having as many of the delinquent audits completed by June 30, 2023 as possible, subject to each city having its books in order and annual agencywide audit complete.  Staff will periodically follow up with the finance director and city manager of each city. 

Recommendation: Authorize the executive director to amend the contract with Price Page to perform the 2022 TDA Compliance Audits for a fee of $62,380.

B.
Measure C Compliance Audits 2022 (Les Beshears) [ACTION]

Summary:  A previous item described the circumstances leading to an amendment for local agencies' Transportation Development Act compliance audits.

Similarly, Price Page was also contracted to perform audits for the Fresno County Transportation Authority (FCTA) in 2018. At that time, Fresno COG and FCTA agreed to combine the request for proposals so the TDA and Measure C audits could be handled simultaneously by one firm to create cost efficiencies for the member agencies. While Fresno COG and FCTA executed separate contracts, Fresno COG became a party to FCTA’s contract. FCTA is not a party to Fresno COG’s contract. 

County Counsel has advised it is unnecessary for Fresno COG to be a party to FCTA’s contract and will remove the reference with this amendment; however, since Fresno COG is currently a party to the agreement, it is appropriate for both FCOG and FCTA to approve FCTA’s amendment.

Recommendation: Authorize the executive director to sign the contract with Price Page to perform the 2022 Measure C Audits for a fee of $62,380.

C.
Regional Clearinghouse Calendar (Robert Phipps) [INFORMATION]

Summary:  This month's Clearinghouse Calendar contains a "project notification and review report" for grant proposals.

 I.      USDA Rural Development Grant Catalog of Federal Domestic Assistance Number 10.766

Project

Application

The $50,000 grant by USDA is needed to cover the remaining cost of three Tesla Ys and the purchase of the fleet management app.

The LEAP Institute


Action: Per Board procedure, unless an item is pulled from the Consent Calendar, authorization is provided for staff to forward any comment(s) received, or any Committee/Board comment(s) generated as a result of this informational item, to the appropriate agency.

D.
Federal Transportation Grant Opportunities (Robert Phipps) [INFORMATION]

Summary: A round-up of recent Federal transportation grant oppotunities and announcements

  • The U.S. Department of Transportation (DOT) issued an amended Notice of Funding Opportunity (NOFO) for the 2023 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant program to account for $800 million in funding made available by the Consolidated Appropriations Act, 2023 (CAA) (P.L. 117-328) enacted in December. Deadline: Feb. 28
  • The U.S. Department of Transportation (DOT) Federal Transit Administration (FTA) has issued a joint Notice of Funding Opportunity (NOFO) for the 2023 Low or No Emission (Low-No) Grant Program and Grants for Buses and Bus Facilities (Buses and Bus Facilities) Program. There is approximately $1.22 billion in program funding for the Low-No Grant Program and approximately $469.4 million in total program funding for the Buses and Bus Facilities Grant Program. Deadline for both programs: April 13

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

IV.ADMINISTRATIVE ACTION/DISCUSSION ITEMS

V.OTHER ITEMS

A.
Items from Staff

B.
Items from Members

VI.PUBLIC PRESENTATIONS

Public Presentations

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.

VII.ADJOURNMENT