Fresno COG Header
Fresno COG Policy Board
Date:
Time:
Place:

Thursday, May 30, 2024
5:30 PM
COG Sequoia Conference Room
2035 Tulare St #201, Fresno, Ca 93721</s

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 board will take place

in person at the Fresno COG Sequoia CONFERENCE Room


CONFERENCE CALL-IN INFO:

TOLL FREE NUMBER:  888-398-2342

PARTICIPANT CODE: 71979635

please remember to mute your call.


The conference line is to be used for listening purposes only.

no comments will be taken via telephone. 

 

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

 

PLEASE TURN ON MICROPHONE BEFORE SPEAKING

 

Fresno County Rural Transit Agency Meeting will begin prior to the Board Meeting - Package Attached

FRESNO COG POLICY BOARD

The Policy Board will consider all items on the agenda.  The meeting is scheduled to begin at 5:30 pm.

CALL TO ORDER AND ROLL CALL

.SITTING AS THE MAYORS SELECTION COMMITTEE (INCLUDES THE COUNTY)

A.
Measure C Citizen Oversight Committee Appointment (Jake Martinez) [ACTION]

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. Currently, there are four vacancies on the Oversight Committee:

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

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

  • Unincorporated rural Area West of State Route 99 (Supervisorial District 1)
  • Fresno-Clovis Metropolitan Area (Supervisorial District 4)

After advertising the vacancies recently, staff have received two applications from residents whose terms would begin on May 31, 2024. Lindsey Hopson's application covers the Fresno-Clovis Metropolitan Area (Supervisorial District 4). Stacy Williams' application is for the "Community Representative Organization" as a representative of United Way, Fresno-Madera Counties (UFMW).

Fresno COG and Fresno County 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 Lindsay Hopson and Stacy Williams to the Measure C Citizen Oversight Committee.

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 April 25, 2024 [APPROVE]
B.
Third Quarterly FY 24 Work Element and Financial Report (Les Beshears) [APPROVE]
C.
Federal Transit Administration FY 2024 Apportionments (Matthew Shimizu) [INFORMATION]

Summary:  Each state and urbanized area (UZA) receives formula funding from the Federal Transportation Administration (FTA) made available under the Consolidated Appropriations Act of 2024. Formula grant programs allocate funding to states, urbanized areas and transit agencies based on formulas set by Congress. State governments and urbanized areas decide how much to provide to specific transit agencies and other providers.

As the regional transportation planning agency for Fresno County, Fresno Council of Governments has delegated authority from the governor as “designated recipient” for large urbanized area apportionments allocated by the Federal Transit Administration. Pursuant to this designation, Fresno Area Express is authorized to submit applications to FTA for:

FY24

FTA 5307 - $11,538,751

FTA 5339 - $1,012,597

Pursuant to this designation,  the City of Clovis Public Transit is authorized to submit applications to FTA for:

FY24

FTA 5307 - $3,286,096

FTA 5339 - $288,375

For each urbanized area (UZA) to which FY 2024 Section 5307 and 5339 funds are apportioned, the designated recipient and the applicable metropolitan planning organization (MPO) should determine the allocation of funds fairly and rationally through a process based on regional and/or local priorites or needs that is agreeable to the designated recipient. 

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

D.
Fiscal Year 2024-25 Local Transportation Fund (LTF) Final Estimates (Les Beshears) [ACTION]

Summary: Fresno COG provided preliminary Local Transportation Fund (LTF) estimates in February to inform member agencies' budget processes for the upcoming year. The final estimates have been adjusted for the Department of Finance 2024 population numbers and are presented for adoption. The County of Fresno Auditor/Controller estimates 2024-25 LTF at $59 million, which is a $2 million (4%) increase from last year’s estimate. 

Action:  Staff and TTC/PAC recommend the Policy Board adopt Resolution 2024-15 approving the 2024-25 Local Transportation Fund Estimate.     

E.
Fiscal Year 2024-25 State Transit Assistance (STA) Final Estimates (Les Beshears) [ACTION]

Summary: Fresno COG provided preliminary State Transit Assistance estimates  in February to inform member agencies' budget processes for the upcoming year. The final estimates have been adjusted for the Department of Finance 2024 population numbers and are presented for adoption.  The State Controller’s Office estimates for the 2024-25 apportionment is $14,273,034, a slight ($20,035) increase from last year.  

Action:  Staff and TTC/PAC recommend the Policy Board adopt Resolution 2024-16 approving the 2024-25 State Transit Assistance Fund Estimate.        

F.
Fiscal Year 2024-25 State of Good Repair (SGR) Final Estimates (Les Beshears) [ACTION]

Summary: Fresno COG provided preliminary Senate Bill 1 State of Good Repair (SGR) estimates in February to inform member agencies' budget processes for the upcoming year. The final estimates have been adjusted for the Department of Finance 2024 population numbers and are presented for adoption.  The State Controller’s Office estimates for the 2024-25 apportionment is $1,982,980, which is a $68,341 (4 percent) increase from last year.

Action: Staff and TTC/PAC recommend the Policy Board adopt resolution 2024-17 approving the 2024-25 State of Good Repair Fund Estimate.

G.
FY 2024-2025 Fresno COG Annual Unmet Transit Needs Update (Todd Sobrado) [INFORMATION]

Summary: On Mon., May 6, the draft FY 2024-25 Fresno COG Unmet Transit Needs Report was released for public review and comment on the Fresno COG website and available on the following web page: https://www.fresnocog.org/unmet-transit-needs-assessment/

The Public Hearing for the FY2024-25 FCOG Unmet Transit Needs Assessment was held on Thurs., April 25 at the Fresno COG Policy Board meeting.  A single comment was received that has been added to the draft Unmet Transit Needs Report being released on Monday.  

Public outreach is an essential part of the Unmet Transit Needs process.  The public hearing was the last step in this process.  This year,  public outreach consisted of six in-person public meetings: four in the urban area, two in rural areas (Reedley and Kerman), and one virtual event. One of the meetings held within the City of Fresno took place on a Saturday to provide more options to transit riders to participate. 

In addition to the activities above, public outreach included flyers sent to the UTN mailing list, an online survey, and social media posts. The survey ran for most of February and all of March and was how most comments were received.  This year, 38 comments were received, 4 were determined to be unmet transit needs, none of which were found to be reasonable to meet.  A summary of comments received includes:

  • Feedback about service between outlying rural communities and the Fresno metropolitan area
  • Feedback about FAX, Clovis, and FCRTA routes and service
  • Comments about transportation-related issues

The comments received, transit agency response, and the determination of unmet transit need will be in the draft Unmet Transit Needs Report for Fiscal Year 2024-25 to be released on the Fresno COG website. This item will be returned for final determination in June.

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

H.
Release of Measure C New Technology Reserve Program 2024 Grant Application (Simran Jhutti) [INFORMATION]

Summary: Fresno COG is seeking proposals from eligible public agencies for advanced transit and transportation projects that have the potential for broad benefits to Fresno County residents and will assist the region in meeting its air quality goals. Fresno COG and the Fresno County Transportation Authority (FCTA) are proposing to fund projects of regional significance in the areas of research, development, demonstration, and deployment that will advance public transit and transportation. This cycle of the Measure C New Technology Reserve Program will make approximately $7.2 million available for eligible new technology projects/programs. The 2024 application is attached to this item and is also available on the Fresno COG website.

Timeline:

ACTIVITY

DATE

Request for proposals released  

May 10, 2024

Last day to submit requests for clarification 

June 12, 2024

NEW: Deadline for electronic proposals for 

 

          agencies wishing to partner with Fresno COG 

June 21, 2024

Deadline for proposal submittal  

July 26, 2024

Scoring (tentative)

July 29 - Aug. 7, 2024

Potential interview date (tentative)

Aug. 12-23, 2024

Policy Board approval (tentative)

Sept. 26, 2024

FCTA Board approval (tentative)

Oct. 16, 2024

Notice to proceed - subject to contract signing (tentative)

January 2025

 

In February 2016, the Policy Board approved a formal process to solicit and accept members to sit on a multidisciplinary advisory group (MAG). The MAG will review, evaluate, and score the New Tech applications and recommend projects for funding.  Nominees are needed from the following categories:  City of Fresno, City of Clovis, east side city, west side city, County of Fresno, Measure C Citizens Oversight Committee, FCTA, transit, business, education, and two public seats. The MAG application is available and is due June 21. Please contact Simran Jhutti to volunteer for the MAG.. 

For more information regarding the Measure C New Technology program please visit http://www.fresnocog.org/measure-c-new-technology-reserve-fund and/or contact Simran Jhutti at jhutti@fresncog.org.

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

I.
SB 125 Transit and Intercity Rail Capital Program (TIRCP) and Zero-Emission Transit Capital Program (ZETCP) Project Package (Jennifer Rodriguez) [ACTION]

Summary: Senate Bill (SB) 862 established the Transit and Intercity Rail Capital Program (TIRCP) in 2014 to provide grants for transformative capital improvements that modernize California's transit and intericty rail systems, reduce greenhouse gases, vehicle miles traveled, and congestion. SB 125 amended the Budget Act of 2024 to appropriate $4 billion in general fund money to the TIRCP over the next two fiscal years, as well as $1.1 billion of other funding sources over the next four years to establish the Zero-Emission Transit Capital Program (ZETCP). ZETCP funds can be used for purchasing zero-emission transit equipment, refueling/charging infrastructure, and facility modifications to support the transition to zero-emssion transit operations.

SB 125 distributed these TIRCP/ZETCP funds on a population-based formula share to State's metropolitan planning organizations (MPOs) and regional transportation planning agencies (RTPAs) to distribute to public transit operators within their jurisdictions. Fresno COG was allocated $119,707,058 in SB 125 TIRCP/ZETCP funding over the next four fiscal years.   Fresno Area Express (FAX), Fresno County Rural Transit Agency (FCRTA), and Clovis Transit have submitted their project requests for the SB 125 TIRCP/ZETCP funding allocation, discribed in the table below. 

New TIRCP-Eligible Projects

Project Title

Implementing Agency

Total TIRCP Request

Clovis Transit Center - Zero Emission Transition Project

City of Clovis

$12,890,942

Capacity Increasing Bus Stop Improvements

Fresno Area Express

$6,628,643

Fuel Cell Electric Buses Purchase

Fresno Area Express

$11,571,265

Fuel Cell Electric Bus Readiness Project

Fresno Area Express

$51,440,291

Fresno County Rural Transit Agency Microgrid Project

Fresno County Rural Transit Agency

$19,380,708


ZETCP Capital Projects

 

 

Project Title

Implementing Agency

Total ZETCP Request

Clovis Transit Center - Zero Emission Transition Project

City of Clovis

$2,141,931

Fuel Cell Electric Bus Purchase

Fresno Area Express

$11,571,265

Fresno County Rural Transit Agency Microgrid Project

Fresno County Rural Transit Agency

$3,220,256


Action: Staff and the TTC/PAC recommend the Policy Board authorize the executive director to exectute all documents necessary for Fresno COG's SB 125 TIRCP/ZETCP funding allocation from the California State Transportation Agency.

J.
Draft 2023 Federal Transporation Improvement Program (FTIP) Amendment No. 17, Draft 2022 Regional Transportation Plan (RTP) Amendment No. 3, and Draft 2024 Air Quality Conformity Analysis for Interagency Consultation and Public Review (Ofelia Abundez) [INFORMATION]

Summary: On May 1, Fresno COG submitted the draft 2023 Federal Transportation Improvement Program (FTIP) amendment No. 17, 2022 Regional Transportation Plan (RTP) amendment No. 3, and the corresponding air quality conformity analysis for public review and interagency consultation. Associated documentation is attached.

The public review and comment period is open for 30 days commencing May 1 through May 30. Staff held a public hearing on May 15 at Fresno COG's Sequoia Board Room. Public comments are due orally or in writing by 5:30 p.m. on May 30.

Fresno COG's Policy Board will consider adopting the draft 2023 FTIP Amendment No. 17, draft 2022 RTP Amendment No. 3, and draft 2024 air quality conformity analysis during its regular meeting at 5:30 p.m. on June 27.

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

K.
2026 Regional Transportation Plan Roundtable (Brenda Thomas) [INFORMATION]

Summary:  As Fresno COG embarks on the 2026 Regional Transportation Plan (RTP) update, it is once again time to form the RTP Roundtable. The Roundtable supports Fresno COG staff and COG's standing committees in developing the 2026 RTP and Sustainable Communities Strategy (SCS).  It is vital to the process that the Roundtable generates consensus about the plans, based upon the input of an informed and active, local constituency. While the Roundtable will provide comments and input on issues related to the 2026 RTP/SCS, the final decisions on RTP content will be the Policy Board's responsibility.

COG staff released the RTP Roundtable application on May 6 for those positions that are not appointed by a local or public agency. The first Roundtable is scheduled for June 26. There are 40 positions that must be filled: 16 seats that allow for one staff person from each member agency; 21 seats open to a variety of agencies and interest groups, and three “public-at-large” seats. A list of the Roundtable positions is attached.

RTP Roundtable applications are due to Fresno COG by June 5 as indicated on the attached form.

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

II.TRANSPORTATION ACTION/DISCUSSION ITEMS

A.
Fresno COG Regional Early Action Planning Program 2.0 Project Awards (Robert Phipps) [ACTION]

Summary: The Regional Early Action Planning (REAP) 2.0 grant program was included in the 2021 State budget and seeks to accelerate infill development, reduce vehicle miles traveled (VMT) and increase housing supplies at all affordability levels.

Fresno COG was originally awarded $13.5 million in REAP 2.0 funds; however, Gov. Newsom's January budget proposal cut the program in half, leaving the region with approximately $6.5 million to award (after administrative and program management expenses) through a competitive application process.  The recent May revise left the January change intact.

REAP 2.0 is primarily administered through the California Department of Housing and Community Development (HCD), working in conjunction with the California Air Resources Board (CARB), the Governor's Office of Planning and Research (OPR) and the Strategic Growth Council (SGC).

On Dec. 1, 2023, Fresno COG received eight project applications from member jurisdictions seeking a collective $21 million. On Jan. 17, 2024 a scoring committee comprising 11 representatives from various agencies, including three of the State agencies administering REAP 2.0, met to discuss and rank the projects.

Committee members scored the projects based on Fresno COG's guidelines as approved by the State's administering agencies. Of the eight applications, the City of Firebaugh's Downtown Infill Initative, the City of Fresno’s Blackstone Betterment project and the City of San Joaquin's park and trail project were the top three scoring projects, in that order.  A summary of the full program outreach, application and scoring process is attached.

Based on the anticipated cuts, the scoring committee, staff and the TTC recommends the City of Firebaugh receive its full $1.5 million request, while Blackstone Betterment receive the remaining $5 million against a $10.6 million request.  In contrast, the Policy Advisory Committee voted to award the City of Firebaugh $1.5 million, the City of San Joaquin $1 million and the City of Fresno $4 million.

Given uncertainty surrounding the State budget and the fact that no funding has been issued to date, despite multiple invoices, staff thought it prudent to wait until at least the Governor's May revise was issued to formally award the projects.  HCD recently informed Fresno COG that it will pay up to 25 percent of its allocation, or $2.8 million. This news, coupled with the May revise announcement, prompts the project awards at this time. 

To be clear, it is unknown whether Fresno COG will receive funding beyond the $2.8 million and will not contract for more than that amount until it is received from HCD.

Importantly, should REAP 2.0 funding be restored, Blackstone Betterment could be funded at its full request and the City of San Joaquin could also be awarded $1 million for its proposed new trail system and public park --  components of an already-approved housing development on three parcels in the City.

The attached spreadsheet displays the project rankings and two possible funding scenarios.

ACTION: There is a split recommendation:

1. Staff, the REAP 2.0 scoring committee and TTC recommend the Policy Board approve the following project awards:

City of Firebaugh --    $1.5 million

City of Fresno --         $5 million

2. The Policy Advisory Committee recommends:

City of Firebaugh --    $1.5 million

City of San Joaquin -- $1 million

City of Fresno --         $4 million

B.
Fresno County Regional Active Transportation Plan Negative Declaration Adoption (Jennifer Rodriguez) [PUBLIC HEARING] [ACTION]

Summary: Fresno COG developed a Regional Active Transportation Plan (R-ATP) to provide a comprehensive document outlining the future of walking and bicycling in Fresno County. The R-ATP was developed in coordination with Fresno COG’s member agencies, the general public, and stakeholder groups, such as local bicycling groups, walking advocated, educational institutions, and disadvantaged communities.

The R-ATP is intended to help Fresno COG’s member agencies better compete for funding sources to support ATPs and to satisfy California Transportation Commission (CTC) requirements. The cities of Clovis, Fresno, Reedley, and Selma have recently prepared or will soon complete their own ATPs. The participating agencies in this R-ATP update are: Firebaugh, Fowler, Huron, Mendota, Orange Cove, Coalinga, Kerman, Kingsburg, Parlier, Sanger, San Joaquin, and the County of Fresno, each of which can rely on the R-ATP to satisfy CTC requirements.

One of the project’s main goals is to detail a potential network of safe and attractive trails, sidewalks, and bikeways that connect Fresno County residents to key destinations—especially local schools, parks, and transit. The networks include: shared-use paths, bike lanes, and routes, sidewalks, and crosswalk improvements. Other goals are to create a network of regional bikeways that allow bicyclists to safely ride between cities and other regional destinations, and to increase regional walking and bicycling trips by creating user-friendly facilities.

The draft Regional ATP was published for public comment on February 8, 2024 to March 20, 2024. The draft R-ATP was presented to TTC/PAC and the Board in February.  

Due to the file size, a link to the Fresno County R-ATP Update can be found here:

Active Transportation - Fresno Council of Governments (fresnocog.org)

The first four chapters contain:

  1. Introduction
  2. Existing Conditions
  3. Planned Networks and Program
  4. Implementation

 

Chapters 5-16 are devoted to each jurisdiction’s  status and future plans. Chapter 17 included community connections that describe the conditions and future plans for walking and bicycling connections among incorporated and unincorporated communities in Fresno County and with other counties.

The Appendix contains:

(A)    Plan conformance with the CTC’s ATP guidelines

(B)    Public Participation

(C)   Relationship to other plans and policies

(D)   Projects, priorities, and cost estimates

(E)    Funding sources

(F)    Fact sheets

(G)   Safe routes to school inventory

(H)   Jurisdictional resolutions

A Program Initial Study/Negative Declaration, in accordance with the California Environmental Quality Act (CEQA), was prepared for the R-ATP. The CEQA document was released for a 30-day public review on April 11th and ended May 13th. A public hearing is also required for this item.  

The R-ATP contains various programs, policies, and recommendations that pertain to bicycle and pedestrian facilities in Fresno County. Projects are identified at a conceptual level for the Fresno County R-ATP. Specific development is not being proposed under the regional plan and adopting the CEQA document would not authorize any development.

Action: Staff and TTC/PAC recommend two actions:

1. The Policy Board open the public hearing, receive comments, and close the public hearing.

2. The Policy Board adopt the Negative Declaration for the Fresno County Regional Active Transportation Plan through Resolution 2024-13.

C.
Fresno County Regional Active Transportation Plan Adoption (Jennifer Rodriguez) [ACTION]

Summary: A description of the Fresno County Regional Active Transportation Plan (R-ATP) is included in the item above. The R-ATP includes all the elements the California Transportation Commission (CTC) requires for ATPs, as well as a separate chapter for the County and each of the 11 cities involved. The draft plan was available for public review between Feb. 8 and March 20. The CEQA document was released for a 30-day public review on April 11 to May 13.

Action: Staff and TTC/PAC recommend the Policy Board approve Resolution 2024-14, adopting the Fresno County Regional Active Transportation Plan.  

D.
CalVans Joint Powers Authority (JPA) Amendment (Brenda Thomas) [ACTION]

Summary:  Fresno COG has been a member in good standing of the CalVans Joint Powers Authority (JPA) for several years, and appoints one Policy Board member to the CalVans JPA Board. Fresno COG administers the Measure C Measure C Ag Worker and Communter Vanpool programs, subsidizing 85 CalVans vanpools through the programs.

Recently, CalVans updated its Joint Powers Agreement, which is attached in redline and clean formats. CalVans requests that all members return the signed JPA by the end of May so that it may execute and file an "Amendment of a Joint Powers Agreement" with the State of California by July 1.

Attached is an Amended and Restated Agreement to Form Joint Powers Authority for the California Vanpool Authority. The REDLINE version is compared to the current Joint Powers Agreement for CalVans. For ease of review, staff has included the most notable changes from the last version, along with a brief description or explanation of the change.

Article I, General Provisions, Section 2 of the Joint Powers Agreement amended in its entirety to read as follows:

2. Boundaries.
"The boundaries of the Transit Authority shall be the same as the collective geographic boundaries of the Member Agencies, however, nothing herein shall prevent or prohibit the Transit Authority from operating or providing its services outside of Transit Authority boundaries."

Discussion: This change is included to give the Authority flexibility as to whether it will operate. This allows the Authority to operate outside of the jurisdictional boundaries of its members.

Article II, Organization, Section 5 of the Joint Powers Agreement amended in its entirety to read as follows:

5. Meetings.
"The Board shall by resolution establish the date, time, and place for regular meetings. Special meetings may be called by either the Chair of the Board or the Executive Director as otherwise allowed by law. All meetings of the Board shall be in conformance with the Ralph M. Brown Act (California Government Code Sections 64950, et seq.), as will meetings of its committees, if any, to the extent required by law. The Board may hold meetings in any fashion and utilizing any technology, including but not limited to telephone, video conference, or other permissible technology under the Ralph M. Brown Act. The Board of Directors may establish from time-to-time compensation, reimbursement or a fee to be paid to those Directors who appear at any meeting of the Board or any committee."

Discussion: This change provides flexibility, as allowed by law, for the Authority to have teleconference or video meetings because of the Authority's jurisdictional reach being statewide.

Article II, Organization, Section 8 of the Joint Powers Agreement amended in its entirety to read as follows:

8. Supermajority Vote.
"Notwithstanding Article II, Section 7, the following matters require a Supermajority Vote. A Supermajority Vote means 2/3 vote of the Board members present at any meeting at which a quorum is present:

  • The borrowing of funds or otherwise incurring any debt on behalf of the Transit Authority outside the everyday operations of the Transit Agency.
  • Voluntarily permitting a lien to be placed on any equipment, assets, or property of the Transit Authority."

Discussion: Requires these certain items to be subject to a 2/3 vote. Other matters are decided by simple majority.

Article II, Organization, Section 10 of the Joint Powers Agreement is amended in its
entirety to read as follows:

10. Committees.
"Notwithstanding Article II, Section 9 above, The Board of Directors may establish, from time to time, an Executive Committee, a Legislative Committee, and a Nominating Committee. These committees may be established by a majority vote of the Board, and any rules, procedures, and direction shall be provided by
the Board to such committees."

Discussion: This section is new and allows for certain committees to be established.

"Article III, Finances, Section 1 (c) of the Joint Powers Agreement is amended in its entirety
to read as follows:

(c) Member Agencies may contract with or assist the Transit Authority with obtaining federal, state, or other public funds or payments, as may be available;

Any advance made in accordance with paragraph (c) of this Section 1 shall be repaid in the manner agreed to by the advancing Member Agency and the Board, at the time the advance is made. Nothing herein shall prohibit the receipt or acceptance of donations by or from non-Member Agencies as determined from time to time by the
Board."

Discussion: This Section provides for the Authority to seek available Federal, State or public funds. It also allows for donations from non-member agencies. Recently, Authority clients have offered to donate vehicles for ownership and use by the Authority under certain conditions.

Article IV, Miscellaneous, Section 3 of the Joint Powers Agreement is amended in its entirety to read as follows:

3. Withdrawal.
"A Member Agency may withdraw from the Transit Authority by filing its written notice of withdrawal with the
Executive Director 180 days before the actual withdrawal. Such a withdrawal shall be effective on the last day of the 180 days. The withdrawal of a Member Agency shall not in any way discharge, impair, or modify the voluntarily assumed obligations of the withdrawn Member Agency in existence as of the effective date of its withdrawal.

Withdrawal of a Member Agency shall not affect the remaining Member Agencies, nor shall such withdrawal change or impact where the Transit Authority can provide services or otherwise operate."

Discussion: The change in this Section clarifies that if a member agency withdraws, that does not automatically result in the Authority being prohibited from operating in that jurisdiction.

Action: Staff and TTC/PAC recommend the Fresno COG Policy Board authorize the Chairperson and legal counsel to sign the updated CalVans Joint Powers Agreement on behalf of the agency.  

E.
Fiscal Years 2024-25 Through 2026-27 Disadvantaged Business Enterprise (DBE) Goal (Les Beshears) [PUBLIC HEARING]

Summary: Fresno Council of Governments, in accordance with 49 CFR Part 26, adopts a triennial disadvantaged business enterprise (DBE) goal to apply to Fresno COG-awarded contracts funded with Federal or State grants. The goal applies to a variety of technical transportation- and air quality-related studies funded by Federal Highway, and Federal Transit Administration programs. The studies are itemized in the Overall Work Program and budget. Also included is a Federal Transit Administration 5339 grant passed on to the Fresno County Rural Transit Agency.

  • On 05/27/2021 the Fresno COG Policy Board adopted Resolution 2021-15 setting the three-year DBE goal at 7.14% for the period 2021-22 through 2023-24,
  • During the 2021-22 fiscal year Fresno COG secured 18 procurements totaling $6,049,976, of which $730,960 or 12%, were DBE contracts.
  • During 2022-23 Fresno COG, approved eight procurements totaling $12,606,721, of which $962,781 or 8% were DBE contracts.
  • In 2023-24 Fresno COG approved 12 procurements totaling $2,238,405. Overall DBE participation was $256,090 or 11%.

Total procurements for the three-year period from 2021-22 through 2023-24 were $20,895,102. Overall DBE participation was $1,949,831 or 9%, meeting the proposed three-year goal.

The 2024-25 OWP and budget identifies $10.5 million in contracting opportunities during the fiscal year. Of this amount, $6.9 million involve federal funds subject to the DBE goal methodology.

Request for proposals will be solicited from qualified consultants at various times during the 2024-25 through 2026-27 fiscal years. Any firm with technical qualifications to perform these studies or projects may apply to be added to Fresno COG's RFP listing. Firms wishing to qualify as a DBE must provide a current certification in compliance with 49 CFR Part 26, issued by the State of California, Department of Transportation, the National Economic Development Administration, the City of Fresno,  the County of Fresno or some other certifying governmental agency.

The triennial DBE goal takes into consideration certified DBE availability in Fresno COG’s market area. It also considers disparity studies undertaken by the state Department of Transportation in 2016, 2019, 2021 and 2022 that determined three groups exhibited disparity indices substantially below parity and are presumed to be disadvantaged: Black American, Hispanic American and Native American. Two additional groups displayed disparity indices below parity but did not reach the threshold considered substantial; White Woman-Owned Business and Subcontinent Asian-American.

Staff obtained a copy of the California Unified Certification Program (CUCP) database to analyze the Fresno area procurement market by NAICS Code.  This analysis was compared to the U.S. Census Bureau’s County Business Patterns to determine the availability of DBEs willing and able to perform services in this market area. With this data staff calculated the step 1 base goal required by Federal regulations at 8.04%.

Regulations also provide for a Step 2 adjustment that may consider other factors, such as prior-year DBE participation and disparity studies to fine tune the goal to this market.  

Results from Fresno COG’s prior-year programs vary significantly from year to year as old programs close out and new programs begin; however, the dynamic nature of the programs change from year to year, negating a valid prior-year comparison.

Caltrans' disparity analysis contains considerable, useful information but is not directly comparable to Fresno COG’s program.

Fresno COG staff performed a major update to its bidder’s list soliciting NAICS codes, DBE certifications and purging inactive vendors. The database now contains 236 companies, including 14 DBEs, of which three are Asian-Pacific American-owned, five woman-owned, five Hispanic male-owned, and one Subcontinent Asian male-owned, resulting in a ratio of DBEs to non-DBEs of 5.9%.

After considering prior-year program performance, State disparity studies and Fresno COG's local bidders list, no Step 2 adjustments are proposed and staff recommends the Policy Board adopts an 8.04% goal determined by the statewide CUCP and U.S. Census Bureau’s County Business Patterns as a valid reflection of DBEs willing and able to do business in this market area. Importantly, a formal public hearing is required for this item.

Recommendation: Staff and TTC/PAC recommend two actions:

1. The Policy Board open the public hearing, receive comments and close the public hearing.

2. Adopt Resolution 2024-08 setting the Triennial Disadvantaged Business Enterprise goal at 8.04%.

F.
Caltrans Report (Michael Navarro) [INFORMATION]

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.
RTP Public Outreach Firm Proposal (Brenda Thomas) [ACTION]

Summary:  Fresno Council of Governments (Fresno COG) released a request for proposals (RFP) in February searching for qualified consultants to work with staff and a diverse group of regionwide stakeholders and the community to develop and implement a comprehensive and progressive overall multimedia program during the 2024-2025 Regional Transportation Plan (RTP) and Sustainable Communities Strategy (SCS) update.

Staff received and scored two proposals, and recommends that Southwest Strategies be awarded the $150,000 contract. The outreach consultant will work with Fresno COG staff to develop materials, publicize and obtain community input for the Fall 2024 Transportation Needs outreach effort and the Spring 2025 Sustainable Communities Strategy Scenario outreach efforts. They will also create communications, social media posts and other graphics in a variety of languages for use throughout the RTP update process via social media platforms, email, online and other tradtional media as budget allows.  

In addition, the consultat will work with staff to schedule and attend pre-set meetings/workshops, create presentations and facilitate the RTP mini grant program. 

Action:  Staff and TTC/PAC recommend the Policy Board authorize the executive director to enter into contract with Southwest Strategies in an amount not to exceed $150,000.

IV.ADMINISTRATIVE ACTION/DISCUSSION ITEMS - NONE

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