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 Fowler TDA Claim FY 2021-22 (Les Beshears) [ACTION]

2.

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

3.

City of Orange Cove TDA Claim FY 2023-24 (Les Beshears) [ACTION]

4.

City of Firebaugh TDA Claim FY 2023-24 (Les Beshears) [ACTION]

5.

City of Mendota TDA Claim FY 2023-24 (Les Beshears) [ACTION]

Summary: Fresno COG has available $2,734,799 in Measure C funds in 2023-24 for programs Fresno COG administers. In accordance with Fresno County Transportation Authority procedures, Resolution 2023-21 adopts claims for ADA/seniors/paratransit ($881,833), farmworker vanpools ($647,422), car/vanpools ($647,422), and administration/planning ($558,122).

Recommendation:  Adopt Resolution 2023-21 approving Measure C claims for ADA/seniors/paratransit, farmworker vanpools, car/vanpools and administration/planning.

Summary: The California Public Utilities Commission (CPUC) created the transportation network company (TNC) Access for All (AFA) Program following Senate Bill (SB) 1376 (Hill: 2018), which directed CPUC to address TNC accessibility services for people with disabilities, including wheelchair users who need a wheelchair-accessible vehicle (WAV). A $.10 fee collected from every TNC trip is redistributed to each MPO region to develop programs that incentivize on-demand transportation services for people with disabilities, including wheelchair accessible vehicles/rides.

In June 2021, Fresno COG became a local access fund administrator for the Fresno County AFA program. For this current funding cycle Fresno COG has received $183,832 to allocate to projects supporting Access Providers. Access Providers are entities that directly provide, or contract with a separate organization or entity to provide on-demand WAV transportation to meet the needs of persons with disabilities.

Fresno COG released a request for proposals early this summer and received two applications, from the Fresno County Rural Transit Agency (FCRTA) and Clovis Transit. After reviewing both applications, the scoring committee recommends splitting the current allocation, granting $91,916 to both applicants. Both FCRTA and the City of Clovis revised their original applications' scope of work and budget to indicate how the recommended allocations would be used. 

FCRTA would receive $91,916 to help fund its future purchase of three additional wheelchair-accessible vehicles. The additional vehicles will allow for FCRTA to expand Rural Transit Dial-a-Ride services to serve the general public disabled population and provide transportation beyond approved lifeline services in unincorporated communities.

Clovis Transit's would also receive $91,916 to fund a portion of the cost to purchase a Promaster minibus vehicle. The Promaster Minibus can transport nine passengers, with two wheelchair-accessible positions. The additional vehicle will support Clovis' Round Up dial-a-ride program by increasing the number of vehicles and seats available and improve wait times for passengers. 

Action: Staff and the Access For All scoring committee requests that the TTC/PAC recommend the Policy Board approve awarding $91,916 each to FCRTA and Clovis Transit. 

Summary: Staff proposes to amend Fresno COG's January 2023 contract with Resource Systems Group, Inc. (RSG) for an activity-based model (ABM) update. The original scope of work will be expanded with two major model enhancements, “managed lanes” and “truck restrictions" at an additional cost of $61,590.

Managed lanes is a transportation demand management strategy that regulates demand and capitalizes on available and unused capacity to provide for a freeway's most effective and efficient use. Examples include high-occupancy vehicle (HOV) lanes, value-priced lanes, high-occupancy toll (HOT) lanes, or exclusive/special use lanes.

This enhancement is also helpful to carry out Fresno COG's Managed Lanes Study, underway this fiscal year. Truck restriction is a traffic and congestion management strategy wherein certain streets are restricted for trucks. This kind of enhancement is crucial for the model as there are many ongoing studies related to truck rerouting and truck traffic management, especially in the south central and southwest Fresno area. This will also help to quantify vehicle miles traveled (VMT) and greenhouse gases (GHG) for the Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) modeling process.  

In addition to the model enhancements, RSG has been providing technical support to Fresno COG’s modeling team to maintain and troubleshoot the ABM every year. Since ABM is used for multiple applications and projects such as traffic impact studies/VMT calculation, corridor studies, RTP/SCS development, along with assisting member jurisdictions, maintaining the ABM is crucial. Consideraing RSG developed the ABM, Fresno COG has been opting to contract with RSG for this on-call support. The scope of work for the additional model enhancements and on-call service is attached. Everything in the original scope of work remains the same.

Costs for the two model enhancements is $41,590 and the on-call contract budget for this fiscal year will be $20,000. Rather than executing separate contracts, the staff recommends combining them and amending the original contract from $111,257 to $172,847, an additional $61,590.

Action: Staff requests that TTC/PAC recommend the Policy Board authorize the executive director to amend the original contract amount with RSG from $111,257 to $172,847, adding $61,590 to incorporate the additional model enhancements and FY 2023-24 on-call contract.

Summary: On July 28, 2022, the Policy Board adopted Fresno COG's 2022 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), which was then submitted to the California Air Resources Board (CARB) for review and approval. CARB provided comments and suggestions, which has prompted a few revisions and additions to off-model calculations of greenhouse gas (GHG) reductions from some strategies. The changes in off-model strategies are briefly explained below with documents in the attachment for further information, and will help ensure CARB certifies the 2022 RTP/SCS.

i. Electric Vehicle (EV) Charging Infrastructure Program:
Per CARB's SCS Submittal Program and Evaluation Guidelines, the emissions reduction benefits of public electric vehicle (EV) charging infrastructure are limited to plug-in, hybrid electric vehicles (PHEVs) that can access the newly installed EV chargers.  Accordingly, Fresno COG's methodology is revised to estimate CO2 emission reductions from PHEV based on estimated average vehicle miles traveled (VMT) shift per PHEV from gasoline to electricity because of increased workplace and public charging stations. Also, in the GHG calculation, the PHEV population projection from the State's air quality model EMFAC 2021 is applied instead of projections from Fresno COG’s Electric Vehicle Readiness Plan (EVRP).

ii. Car Sharing:
This strategy is newly added to the RTP. A carshare program is a membership-based service that provides access to shared vehicles for short-term use -- often by the hour -- where fees are typically priced on a per-mile or hourly basis. It is an affordable and convenient alternative to owning a car. A carshare program has the potential to reduce GHG by reducing vehicle ownership rates, reducing single-occupancy vehicle trips, and VMT, as mode choices shift to biking, walking and transit use.

iii. Transportation System Management (TSM)/Intelligent Transportation Systems (ITS):
On review, CARB staff pointed out that the calculation for GHG reduction from transportation system management/intelligent transportation systems (TSM/ITS) projects used a different version of emission factors than other strategies.  Accordingly, emission factosr from EMFAC 2014v is used to determine emission reductions to align with the version used in other strategies for consistency.

iv. Telecommute:
Because the Central California Travel Study (CCTS) provides more reliable data on the population eligible to telecommute, data from CCTS were applied in the GHG calculation in place of assumptions of telecommute-eligible employment sectors.

Action: Staff requests TTC/PAC recommend the Policy Board adopt Resolution 2023-28, approving Amendment No. 2 to the 2022 Regional Tranportation Plan/Sustainable Communities Strategy.

Summary:  Recently, the U.S. Environmental Protection Agency (EPA) issued a disapproval of the San Joaquin Valley’s State Implementation Plan (SIP) for particulate matter under 2.5 microns in diameter (PM 2.5).  Though EPA staff found the Valley’s progress with SIP strategies to be acceptable, staff determined that the identified contingency measures were no longer approvable due to recent court cases that invalidated EPA contingency policies. 

As a result of inadequate contingency measures, EPA disapproved that portion of the SIP and triggered the sanction provisions of the Clean Air Act.  Without an approvable SIP for PM2.5, Highway Fund sanctions would be enacted, starting Dec. 27, 2023.

Staff at the regional transportation planning agencies in the San Joaquin Valley have developed a master project list to help identify risks to projects, which includes federally funded projects led by local agencies, regional agencies, and the State.  Projects for the Fresno County region are included in the attached master lists.  Specifically, staff considered projects that fell into the following four categories.  The Fresno region accounts for six projects totaling $102.4 million within the first three categories. 

• Projects seeking federal approvals prior to December 27, 2023 (i.e., just before Highway Fund Sanctions would be enacted). Staff estimates approximately $1.8 billion in transportation projects across the Valley fitting this category.

• Projects seeking federal approvals between December 27, 2023 and March 31, 2024 (i.e., shortly after Highway Fund Sanctions apply).  Staff estimates approximately $1.1 billion in transportation projects across the Valley fitting this category.

• Projects seeking federal approvals between April 1, 2024 and beyond (i.e., after Highway Fund Sanctions apply).  Staff estimates approximately $3.4 billion in transportation projects across the Valley fitting this category.

The fourth category addresses those projects seeking federal approvals after Dec. 27 but that are expected to be considered “exempt” from Highway Fund sanctions.  Projects fitting this category will be required to go through an additional layer of screening by EPA and the Federal Highway Administration to ensure that they qualify as “exempt.”  At best, this would introduce slight delays due to the added layer of review, and at worst, the review may determine that projects include non-exempt elements, making them unable to proceed.  Staff estimates potentially 32 projects totaling $58 million in the Fresno County region fitting this category and approximately $2 billion across the Valley.

In total, as much as $4.5 billion in federal transportation funds in the San Joaquin Valley could be halted, should Highway Fund Sanctions be applied.  Given that the affected transportation agencies are not responsible for writing the SIPs necessary to ensure compliance with EPA regulations, Valley transportation agencies are entirely dependent on the EPA and the San Joaquin Valley Air Pollution Control District to come to a consensus on revised contingency measures for the “disapproved” PM2.5 SIP.  Valley transportation agencies are regularly briefed on the subject, and understand that the following two plans have been set in motion:

• The San Joaquin Valley Air Pollution Control District and the California Air Resources Board have submitted a “Contingency Measure Supplement” for EPA review.  Should this submittal be approved, Highway Sanctions will be avoided.  However, neither the San Joaquin Valley Air Pollution Control District nor the EPA can confirm when or whether a “Contingency Measure Supplement” approval will occur. 

• In parallel, EPA is preparing a Proposed Federal Improvement Plan (FIP), which would be implemented if the Valley’s SIP submittal is not approved by EPA.  It would lay out a federal plan for the region to reach NAAQS attainment, which would limit regional and local decision-making power related to transportation investment.

As noted, Highway sanctions are possible on Dec. 27.  To defer sanctions, the regional transportation planning agencies of the San Joaquin Valley implore the EPA to approve SIP revisions via the Air District’s “Contingency Measure Supplement” in as expedient a manner as possible.

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

Summary: Fresno COG is serving as grant administrator for the U.S Environmental Protection Agency’s (EPA) $1 million Climate Pollution Reduction Grant (CPRG) awarded to the Fresno Metropolitan Statistical Area (MSA). Although EPA originally identified the San Joaquin Valley Unified Air Pollution Control District (SJVAPCD) and the City of Fresno as logical grant administrators, a consensus decision among the three agencies reasoned that because almost 50% of greenhouse gases are produced from the transportation sector, it would make sense that Fresno COG serve as administrator.

However, the decision to not include Fresno COG until late in the process resulted in an significantly compressed delivery schedule and leaves very little time to complete the mandated regional planning process. A Preliminary Climate Action Plan (PCAP) is due March 1, 2024, and a Comprehensive Climate Action Plan (CCAP) is due Sept. 1, 2025. The plan is required to gain access to the $4.6 billion in Federal funding that will become available to implement GHG mitigation measures.

The first work task within the PCAP is an inventory of GHG emissions by various sectors. The sectors to be inventoried include: transportation, industrial, commercial, agriculture and timber, commercial, residential and electricity generation.  Fresno COG staff has the technical ability and tools to handle the transportation sector inventory; however, all the other sectors will require a consulting firm that specializes in developing GHG inventories at a macro level.  

Due to the compressed time frame and at the encouragement from  EPA, Fresno COG undertook a competitive sealed bid process by conducting phone interviews for a fixed-rate proposal. After solicitation to eight environmental firms, three responded and only two submitted bids. After an exhaustive evaluation of proposals, Fresno COG found that LSA Associates' experience with planning studies/projects has been excellent and that the firm recently served as the prime consultant on the City of Fresno’s 2020 Climate Action Plan, which will be integral in completing the Priority Climate Action Plan, both efficiently and effectively.

Action: Staff requests that the TTC/PAC recommend the Policy Board authorize Fresno COG's executive director to  contract with LSA Associates for an amount not to exceed $150,000 to prepare the Priority Climate Action Plan (PCAP) element of the EPA Climate Pollution Reduction Grant.

Summary: The California Transportation Commission (CTC) released guidelines and fund balance estimates for the 2024 State Transportation Improvement Program (STIP) at its August meeting. Approximately $43 million is available to the Fresno County region for the programming period 2024/25 through 2028/29.

The STIP is a five-year capital improvement program of transportation projects on and off the state highway system, funded from the State Highway Account and other sources. The CTC adopts a new STIP every two years.

As part of the STIP development process, each region must produce a Regional Transportation Improvement Program (RTIP). Caltrans is required to produce the Interregional Transportation Improvement Program (ITIP) for the remaining 25 percent of STIP funding.

Following successful Measure C campaigns, Fresno COG's Policy Board made a long-term commitment to dedicate a minimum of 75% of the RTIP to major projects on the Measure C Tier 1 list.  Staff has aggressively pursued this strategy in producing the Measure's long-range program, and over the last 35 years, state routes 168, 41 south of Fresno, 180 and the braided ramp interchanges connecting all three freeways have included significant combinations of STIP/Measure C.  

Recent successful RTIP candidates have been SR 180 east to Frankwood, SR 180 West Landscaping, and the new Veterans Boulevard interchange.  A recent ITIP local candidate was SR 41 Excelsior, to widen the bottle neck gap on SR 41 between Fresno and Kings County.  

On the south end of Fresno lies a series of obsolete, “half” freeway interchanges, where the off-ramps are connected to north\south arterials but the on-ramps are connected to separate east\west arterials. 

In the 2018 STIP, FCOG was awarded $3 million in RTIP funds to environmentally clear the North Cedar and American Avenue interchanges on SR 99. In the 2020 RTIP, FCOG programmed $43 million for construction of the North Cedar Interchange.  Construction was initially anticipated in 2023-24; however, the project has been delayed due to a lawsuit concerning the environmental document.  The next logical candidate for RTIP funding is the American Avenue interchange, with construction costs estimated at $51 million.

The latest STIP estimate makes approximately $43 million available for the programming period 2024/25 through 2028/29. Staff will coordinate with Caltrans to develop the application and anticipates bringing it to the Policy Board for authorization in November so the RTIP can be submitted to the CTC by the Dec. 15 deadline.  The CTC will then conduct public hearings and adopt the STIP in March 2024. 

ACTION: Information/discussion. The Committee may provide additional direction at its discretion.

Summary: Fresno Council of Governments and 15 of the 16 member jurisdictions of Fresno County are in the process of completing a Multi-Jurisdictional Housing Element (MJHE) for the region.

The Fresno County Multi-Jurisdictional Housing Element covers the planning period 2023-2031 and must be adopted and submitted to HCD for certification by Dec. 31, 2023. Five jurisdictions are in review with HCD. Seven jurisdictions will be submitted to HCD in September and three in October. Of those jurisdictions that have submitted to HCD, one has received HCD’s review findings letter with comments and suggestions.

Prior to completing  the housing element, the consultants undertook a regional public outreach program that outreach that included a joint hearing presented to each jurisdiction’s planning commission and city council  or board of supervisors. In addition, each jurisdiction also completed one community workshop.

The housing element is one of eight required elements of the general plan and the only element that is required to be approved/certified by the state. The housing element allows local governments to adequately plan the housing needs of the community, including the most disadvantaged.

The California Department of Housing and Community Development (HCD) oversees reviewing housing elements and ensuring that they comply with state law. Before a housing element is adopted into a general plan, it must receive approval from HCD.

To date, the PlaceWorks consultant team has conducted regional public outreach as well as created regional documents for the 15 participating jurisdictions of Fresno. These documents cover the housing element on a regional level and give an overview of the regional needs/action plans.

Each jurisdiction is responsible for completing its own housing element as an appendix to the regional documents. The housing element is specific to each jurisdiction and includes an action plan, sites inventory, fair housing analysis, housing constraints, and public outreach.

Once completed, State law requires a 30-day public review before it is submitted to HCD. HCD will then conduct an initial review of 90 days and provide corrective action. The seconddraft after corrections is reviewed for 60 days and the adoption review period from HCD will last an additional 60 days.

To complete the Multi-Jurisdictional Housing Element by the Dec. 31 deadline, it is critical that the participating jurisdictions provide the necessary information to the consultant team.

Jurisdictions may be required to make changes to their zoning codes. Jurisdictions that do not have a completed housing element by the deadline are at risk of not being eligible for future HCD housing grants and other state-funded grant programs.  

Placeworks is working closely with each jurisdiction and finalizing the housing elements for HCD review.  HCD will provide corrections  jurisdictions will need to work with the consultants to ensure that each housing element is approved before it is included in the final document. The HCD review schedule is provided below.

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

HCD Review Schedule

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.