COMMISSIONERS
Federal Glover,
Chair
Newell Arnerich,
Vice Chair
Ken Carlson
Paul Fadelli
Loella Haskew
David Hudson
Chris Kelley
Aaron Meadows
Sue Noack
Renata Sos
Lamar Thorpe
Timothy Haile,
Executive Director
2999 Oak Road
Suite 100
Walnut Creek
CA 94597
PHONE: 925.256.4700
FAX: 925.256.4701
www.ccta.net
https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2023/February 15, 2023 RTPC Memo.doc
MEMORANDUM
To: Matt Todd, TRANSPAC
Chris Weeks, SWAT
Robert Sarmiento, TRANSPLAN
Chris Weeks, TVTC
John Nemeth, WCCTAC
Patrick Golier, LPMC
From: Timothy Haile, Executive Director
Date: February 17, 2023
Re: Items of interest for circulation to the Regional Transportation Planning Committees (RTPCs)
At its February 15, 2023 meeting, the Authority discussed the following items, which may be of interests to the Regional Transportation Planning Committees:
A. Approval of Fiscal Year (FY) 2023‐24 Transportation Fund for Clean Air (TFCA) County Program Manager Fund Expenditure Plan
Recommendation: Staff sought approval of Resolution 23‐05‐G, incorporating the Authority’s FY 2023‐24 TFCA Expenditure Plan and allocation of County Program Manager TFCA funds in the amount of $1,694,862, and authorization for the Executive Director or designee to sign and submit the Expenditure Plan Summary application to the Bay Area Air Quality Management District.
Action: The Authority Board approved Resolution 23‐05‐G, incorporating the Authority’s FY 2023‐24 TFCA Expenditure Plan and allocation of County Program Manager TFCA funds in the amount of $1,694,862, and authorization for the Executive Director or designee to sign and submit the Expenditure Plan Summary application to the Bay Area Air Quality Management District.
RTPC Memorandum
February 17, 2023
https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2023/February 15, 2023 RTPC Memo.doc B. Approval of Work Plan to Update the Congestion Management Program (CMP) for 2023
Recommendation: Staff sought approval of the proposed approach, scope, and schedule for the 2023 CMP update.
Action: The Authority Board approved the proposed approach, scope, and schedule for the 2023 CMP update.
C. Authorization to Execute Fund Exchange Agreement No. 628 with the City of Orinda (City) for the Citywide Street Maintenance and Rehabilitation Project (Project)
Recommendation: Staff sought authorization for the Chair to execute Fund Exchange Agreement No. 628 with the City authorizing the programming of $2 million in Authority’s Local Partnership Program Formulaic funds to the City’s Project in exchange of retaining $1.8 million in future City return‐to‐source Measure J funds, and to allow the Executive Director or designee to make any non‐ substantive changes to the language.
Action: The Authority Board authorized the Chair to execute Fund Exchange Agreement No. 628 with the City authorizing the programming of $2 million in Authority’s Local Partnership Program Formulaic funds to the City’s Project in exchange of retaining $1.8 million in future City return‐to‐source Measure J funds, and to allow the Executive Director or designee to make any non‐ substantive changes to the language.
D. Consider the Conduct for Meetings of the Legislative Bodies of the Authority for March 2023
Recommendation: Staff requested that the Authority Board, having reconsidered the circumstances of the State of Emergency, continue conducting hybrid meetings for the regular Authority Board meetings and remote meetings for all other legislative bodies of the Authority and special meetings of the Authority Board pursuant to the Brown Act provision exemptions of Assembly Bill 361 (AB361) and consistent with the Contra Costa Health Services’ encouragement of online meetings and recommendations for social distancing for public meetings, to adhere to the 30‐day reconsideration requirement ofAB361.
RTPC Memorandum
February 17, 2023
https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2023/February 15, 2023 RTPC Memo.doc Action: The Authority Board authorized staff to continue conducting hybrid meetings for the regular Authority Board meetings and remote meetings for all other legislative bodies of the Authority and special meetings of the Authority Board pursuant to the Brown Act provision exemptions of AB361 and consistent with the Contra Costa Health Services’ encouragement of online meetings and recommendations for social distancing for public meetings, to adhere to the 30‐day reconsideration requirement ofAB361.
E. Bollinger Canyon Road – Iron Horse Trail Bicycle and Pedestrian Overcrossing (Project 120025) – Authorization to Award Agreement No. 581 with Myers‐Shimmick Joint Venture (MSJV) for Construction Services, Contingent Upon Approval of the Award from the California Department of Transportation (Caltrans) and Federal Highway Administration (FHWA) and to Authorize the Chair to Execute the Contract Following Caltrans and FHWA Approval
Recommendation: Staff requested award of Agreement No. 581 with MSJV in the amount of $21,617,973.07,for Construction Services, contingent upon approval of the award from Caltrans and FHWA, authorization for the Chair to execute Agreement No. 581 with MSJV upon effectiveness of the contract award, and to allow the Executive Director or designee to make any non‐substantive changes to the language of the agreement as required to conform to the approvals from Caltrans and FHWA.
Action: The Authority Board approved the award of Agreement No. 581 with MSJV in the amount of $21,617,973.07, for Construction Services, contingent upon approval of the award from Caltrans and FHWA, authorization for the Chair to execute Agreement No. 581 with MSJV upon effectiveness of the contract award, and to allow the Executive Director or designee to make any non‐substantive changes to the language of the agreement as required to conform to the approvals from Caltrans and FHWA.
Authority Board Meeting MINUTES
MEETINGDATE: Wednesday, February 15, 2023
MINUTESPREPAREDBY: Tarienne Grover
MEMBERSPRESENT: STAFFPRESENT: MEMBERSABSENT:
Chris Kelley, Chair
Federal Glover, Vice Chair/MTCRep.
Newell Arnerich, Commissioner
Ken Carlson, Commissioner
Paul Fadelli, Commissioner
Teresa Gerringer, Commissioner Alt.
Loella Haskew, Commissioner
Aaron Meadows, Commissioner
Sue Noack, Commissioner/MTC Rep.
Karen Stepper, Commissioner Alt.
Lamar Thorpe, Commissioner
Mark Foley, ExOfficio Rep.
H.E. Christian Peeples, ExOfficio Rep.
Colin Clarke None
Tarienne Grover
Timothy Haile
Jack Hall
Jacqueline Hill
John Hoang
Matt Kelly
Stephanie Hu
Hisham Noeimi
Brian Kelleher
Ivan Ramirez
Jackie Reyes
Sherri Sylva
Yuliana Tjeng
Linsey Willis
Amara Morrison, Legal Counsel
1. CONVENE MEETING: Chris Kelley, Chair
DISCUSSION: Chair Kelley convened the meeting at 6:00 PM. Commissioners Hudson and Sos were absent, Commissioners Stepper and Gerringer, respectively, attended on their behalf. The meeting was convened with a moment ofsilence in honor of former Authority Board Member Janet Abelson. Rep. Peeples was introduced as the new Ex‐Officio Rep. for the Bus Transit Operators.
2. PLEDGE OF ALLEGIANCE
3. PUBLIC COMMENT: Members of the public are invited to addressthe Authority regarding any item that is not listed on the agenda. Please refer to the Teleconferencing Special Notice for Public Comment guidelines.
DISCUSSION: Bruce Ohlson, Bike East Bay, spoke under Public Comment.
4. ELECTION
A. Election of Chair and Vice Chair for 2023
Authority Board Meeting MINUTES
February 15, 2023
ACTION: Commissioner Thorpe moved to approve the election of Vice Chair Glover as Chair and Commissioner Arnerich as Vice Chair for 2023, seconded by Commissioner Noack. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes‐None
Absent‐None
Abstain‐None
DISCUSSION: Commissioner Thorpe nominated Vice Chair Glover as Chair and Commissioner Arnerich as Vice Chair for 2023.
5. COMMENDATIONS
A. Outgoing Chair Chris Kelley
DISCUSSION: Chair Glover presented a Commendation to outgoing Chair Kelley.
Outgoing Chair Kelley provided outgoing comments. Commissioners provided comments of appreciation for outgoing Chair Kelley.
B. Outgoing Authority Board Members
DISCUSSION: Chair Glover presented Certificates of Appreciation to outgoing Commissioners Butt, Mitchoff, and White. Outgoing Commissioners provided outgoing comments.
6. COMMITTEE ASSIGNMENTS
A. Assignment of Authority Board Membersto the Administration and Projects Committee and Planning Committee
ACTION: Commissioner Arnerich moved to approve the committee assignments to appoint Vice Chair Arnerich and Commissioners Fadelli, Noack, Sos, and Thorpe to the Administration and Projects Committee for 2023, and appoint Commissioners Carlson, Haskew, Hudson, Kelley, and Meadows to the Planning Committee for 2023, with Chair Glover unassigned to a committee, seconded by Commissioner Alt. Gerringer. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes‐None
Absent‐None
Abstain‐None
7. PRESENTATIONS
Authority Board Meeting MINUTES
February 15, 2023
CONSENT CALENDAR
ACTION: Commissioner Thorpe moved to approve the consent calendar, seconded by Commissioner Haskew. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes‐None
Absent‐None
Abstain‐None
8. APPROVAL OF MINUTES
A. Authority Board Minutes of January 18, 2023
9. Administration & Projects Committee ‐ Consent:
A. Approval of 2023 Regular Meeting Schedule
B. Accept Monthly Accounts Payable Invoice Report for December 2022 Recommendation: Staff seeks acceptance of the monthly accounts payable invoice report for December 2022.
C. Accept Quarterly Cash and Investment Report for the Period Ended December 31, 2022
Recommendation: Staff seeks acceptance of the quarterly cash and investment report for the period ended December 31, 2022.
D. Accept Quarterly Sales Tax Revenue Report for the Period Ended September 30, 2022
Recommendation: Staff seeks acceptance of the quarterly sales tax revenue report for the period ended September 30, 2022.
E. Acceptance of Annual Single Audit for the Fiscal Year Ended June 30,2022 Recommendation: Staff seeks approval of the Single Audit for the fiscal year ended June 30, 2022.
F. Accept Consultant Agreement Amendments for VariousProjects Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 2 to Agreement No. 499 with Mark Thomas & Company to extend the agreement termination date to June 30, 2024, with no increase in budget, and Amendment No. 7 to Agreement No. 353 with Gray‐Bowen‐Scott to extend the agreement termination date to December 31, 2024, with no increase in budget.
Authority Board Meeting MINUTES
February 15, 2023
G. Interstate 680/State Route 4 Interchange Improvements, Phases 1, 2A, and 4 (Project 6001) – Authorization to Approve Task Order (TO) 2 Under Agreement No. 504 with Consor North America, Inc. (Consor) for Independent Design Review Services
Recommendation: Staff seeks authorization for the Chair to issue TO2 under Agreement No. 504 with Consorin an amount not‐to‐exceed $175,000,to perform an independent review of the project documentsincluding Phase 4, and allow the Executive Director or designee to make any non‐substantive changes to the language.
H. Legislative Update
Recommendation: Staff will provide an update on legislation, along with addressing any questions that may arise. The Authority may take action on any item presented in the attachment or any State or Federal legislation pertaining to the Authority’s legislative program.
10. Planning Committee ‐ Consent:
A. Approval of Fiscal Year (FY) 2023‐24 Transportation Fund for Clean Air (TFCA) County Program Manager Fund Expenditure Plan
Recommendation: Staff seeks approval of Resolution 23‐05‐G, incorporating the Authority’s FY 2023‐24 TFCA Expenditure Plan and allocation of County Program Manager TFCA funds in the amount of $1,694,862, and authorization for the Executive Director or designee to sign and submit the Expenditure Plan Summary application to the Bay Area Air Quality Management District.
B. City of Richmond – Lincoln Elementary Safe Routes to School Pedestrian Enhancements(Project 120062) – Request for Authority Board Approval of the 90% Design Peer Review
Recommendation: Staff seeks approval of the Technical Coordinating Committee’s recommendation to have the 90% design peer review approved by the Authority Board.
C. Approval of Work Plan to Update the Congestion Management Program (CMP) for 2023
Recommendation: Staff seeks approval of the proposed approach, scope, and schedule for the 2023 CMP update.
Authority Board Meeting MINUTES
February 15, 2023
REGULAR AGENDA ITEMS
11. Administration & Projects Committee ‐ Regular:
A. Accept Annual Audit Reports – Annual Comprehensive Financial Report and Auditor’s Report to the Authority Board for the Fiscal Year Ended June 30, 2022 Recommendation: Staff seeks acceptance of the annual audit reports for the fiscal year ended June 30, 2022. Staff will provide an overview of the reports, along with addressing any questions that may arise.
ACTION: Vice Chair Arnerich moved to accept the Annual Comprehensive Financial Report and Auditor’s Report to the Authority Board for the fiscal year ended June 30, 2022, seconded by Commissioner Noack. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes‐None
Absent‐None
Abstain‐None
DISCUSSION: Brian Kelleher, Chief Financial Officer, discussed the award of the Certificate of Achievement from the Government Accounting Standards Board, provided an overview of the Annual Comprehensive Financial Report, discussed the analysis statement of net position and activities, provided a financial summary, and discussed disclosures in the financial statements. He introduced Annie Louie with Macias Gini & O’Connell LLP to provide an overview of the Auditor’s Report.
Ms. Louie announced that there is an unmodified opinion on the Authority’s audit and the Authority has a clean audit.
Commissioners provided comments. Staff responded to comments from commissioners.
B. Authorization to Execute Fund Exchange Agreement No. 628 with the City of Orinda (City) for the Citywide Street Maintenance and Rehabilitation Project (Project) Recommendation: Staff seeks authorization for the Chair to execute Fund Exchange Agreement No. 628 with the City authorizing the programming of $2 million in Authority’s Local Partnership Program Formulaic funds to the City’s Project in exchange of retaining $1.8 million in future City return‐to‐source Measure J funds, and to allow the Executive Director or designee to make any non‐ substantive changes to the language.
ACTION: Commissioner Noack moved to authorize the Chair to execute Fund Exchange Agreement No. 628 with the City of Orinda authorizing the programming of $2 million in Authority’s Local Partnership Program Formulaic funds to the City of Orinda’s Citywide Street Maintenance and Rehabilitation Project in exchange of retaining $1.8 million in future City return‐to‐source Measure J funds, and to allow Authority Board Meeting MINUTES
February 15, 2023
the Executive Director or designee to make any non‐substantive changes to the language, seconded by Commissioner Alt. Gerringer. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes‐None
Absent‐None
Abstain‐None
DISCUSSION: Hisham Noeimi, Director, Programming, provided a background of the Fund Exchange Agreement, and discussed the restrictions and requirements of the Local Partnership Program Formulaic funds including local match, which makes them difficult to utilize, the benefits of the exchange which allows for the Authority to augment and increase the Fund Exchange Reserve to provide future match, address cost increases, and reduce the cash flow demand, and the City of Orinda’s benefit of having access to the equivalent of three years of future Measure J return to source funding starting on July 1, 2023.
C. NEW ITEM: Consider the Conduct for Meetings of the Legislative Bodies of the Authority for March 2023
Recommendation: Staff requests that the Authority Board, having reconsidered the circumstances of the State of Emergency, continue conducting hybrid meetings for the regular Authority Board meetings and remote meetings for all other legislative bodies of the Authority and special meetings of the Authority Board pursuant to the Brown Act provision exemptions of Assembly Bill 361 (AB361) and consistent with the Contra Costa Health Services’ encouragement of online meetings and recommendations for social distancing for public meetings, to adhere to the 30‐day reconsideration requirement ofAB361.
ACTION: Vice Chair Arnerich moved to authorize staff to continue conducting hybrid meetings for the regular Authority Board meetings and remote meetings for all other legislative bodies of the Authority and special meetings of the Authority Board pursuant to the Brown Act provision exemptions of Assembly Bill 361 (AB361) and consistent with the Contra Costa Health Services’ encouragement of online meetings and recommendations for social distancing for public meetings, to adhere to the 30‐day reconsideration requirement of AB361, seconded by Commissioner Haskew. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes‐None
Absent‐None
Abstain‐None
DISCUSSION: Tarienne Grover, Director, Administrative Services, provided a brief background and overview of the provision exemptions of Assembly Bill 361, and the local health guidelinesthat continue to recommend measuresto promote social distancing at public meetings, which is the basis for staff’s recommendation for the conduct of meetingsthrough March 2023, with 30‐day reconsiderations.
Authority Board Meeting MINUTES
February 15, 2023
D. NEW ITEM: Bollinger Canyon Road – Iron Horse Trail Bicycle and Pedestrian Overcrossing (Project 120025) – Authorization to Award Agreement No. 581 with Myers‐Shimmick Joint Venture (MSJV) for Construction Services, Contingent Upon Approval of the Award from the California Department of Transportation (Caltrans) and Federal Highway Administration (FHWA) and to Authorize the Chair to Execute the Contract Following Caltrans and FHWA Approval
Recommendation: Staff requests award of Agreement No. 581 with MSJV in the amount of $21,617,973.07, for Construction Services, contingent upon approval of the award from Caltrans and FHWA, authorization for the Chair to execute Agreement No. 581 with MSJV upon effectiveness of the contract award, and to allow the Executive Director or designee to make any non‐substantive changes to the language of the agreement as required to conform to the approvals from Caltrans and FHWA.
ACTION: Commissioner Alt. Stepper moved to approve the award of Agreement No. 581 with Myers‐Shimmick Joint Venture (MSJV) in the amount of $21,617,973.07, for Construction Services, contingent upon approval of the award from the California Department of Transportation (Caltrans) and the Federal Highway Administration (FHWA), authorization for the Chair to execute Agreement No. 581 with MSJV upon effectiveness of the contract award, and to allow the Executive Director or designee to make any non‐substantive changes to the language of the agreement as required to conform to the approvals from Caltrans and FHWA, seconded by Commissioner Kelley. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes‐None
Absent‐None
Abstain‐None
DISCUSSION: Ivan Ramirez, Director, Construction, provided a background and overview ofthe Construction Manager/General Contractor procurement process, the use of an Independent Cost Estimator to compare cost estimates, the challenges with inflation and cost increases, and the contract award, which is contingent upon approval from FHWA andCaltrans.
Timothy Haile, Executive Director, thanked Mr. Ramirez and the team for bringing this project to construction.
Commissioners provided comments.
12. Planning Committee ‐ Regular:
A. Update on Recommendationsfrom the Metropolitan Transportation Commission for the One Bay Area Grant Cycle 3 County & Local Program Nomination List (Resolution 22‐25‐G) and Regional Active Transportation Program Cycle 6 Projects Authority Board Meeting MINUTES
February 15, 2023
Recommendation: This is an informational item only; no staff recommendation at this time.
DISCUSSION: Colin Clarke, Associate Transportation Planner, thanked the jurisdictionsin Contra Costa County for their support and projectssubmitted for the Call for Projects for the One Bay Area Grant (OBAG) Cycle 3 and Regional Active Transportation Program (ATP) Cycle 6 projects. He provided a brief background and overview and announced that at least $48.5 million was received in OBAG Cycle 3 funding and the ATP. He announced that OBAG Cycle 3 programs provided funding for 12 projects in Contra Costa County, and that the Authority sponsored two countywide projects: Safe Routesto School Non‐Infrastructure and Smart Signals projects. Mr. Clarke announced the implementation grant award of $28.9 million from the Safe Streets for All (SS4A) Cycle 1 grant program and that the total funding from ATP, OBAG Cycle 3, legislated Congressional earmarks, and SS4A is more than $105 million. Mr. Clarke announced that the SS4A grant was the largest allocation in the State of California and second largest in the nation and will provide funding for safer streets for walking and bicycling in Contra Costa County and allocate $21 million to equity priority communities.
Timothy Haile, Executive Director, thanked staff for their efforts on the successful grant applications and funding awards for these projects.
Commissioners provided comments. Staff responded to comments from Commissioners.
Commissioner Arnerich left the meeting at 7:13 PM.
13. CORRESPONDENCE AND COMMUNICATIONS
A. Letter from Alameda‐Contra Costa Transit District dated January 20, 2023 RE:
Appointment of Bus Transit Operators’ Ex‐Officio “Primary” Representative to the Authority Board
B. Letter from County Connection dated February 8, 2023 RE: Appointment of Bus Transit Operators’ Ex‐Officio “Alternate” Representative to the Authority Board
14. ASSOCIATED COMMITTEE REPORTS
A. Central County (TRANSPAC): Meeting Report forthe regular meeting on February 9, 2023 (Meeting handout if available)
B. East County (TRANSPLAN): Meeting Report for the regular meeting on February 9, 2023 (Meeting handout if available)
C. Southwest County (SWAT): Meeting Report for the special meeting on January 30, Authority Board Meeting MINUTES
February 15, 2023
2023 and Notice of Cancellation for the regular meeting on February 6, 2023 (Meeting handout if available)
D. West County (WCCTAC): Meeting Report for the regular meeting on January 27, 2023
15. AUTHORITY BOARD AND STAFF COMMENTS
A. Chair's Comments and Reports
DISCUSSION: Chair Glover provided incoming chair comments, thanked the outgoing Authority Board members, and welcomed the new Authority Board members and Commissioner Noack as the new Ex‐Officio Representative for the Metropolitan Transportation Commission.
Outgoing Chair Kelley thanked staff for their outstanding work, communications, and professionalism.
B. Commissioners' and Ex‐Officio Representatives’ Comments and Reports on Activities and Meetings
DISCUSSION: Commissioner Fadelli announced the memorial servicesforformer Authority Board Member Janet Abelson.
C. Executive Staff Comments
DISCUSSION: Timothy Haile, Executive Director, thanked outgoing Chair Kelley for her leadership and service as Chair over the past year, welcomed the new Authority Board Members, stated that an item on the Office of Accessibility and Equity would be brought to the Authority Board in March, discussed the priority of advancing the organization into operations and maintenance, discussed grant awards, and announced that the Supreme Court dropped the Regional Measure 3 lawsuitso the Metropolitan Transportation Commission (MTC) is working on allocating the funding. Mr. Haile discussed the state legislative trip to City of Sacramento with the transit operators to discuss the transit fiscal cliff, promote gap funding, and preserve funding for bus feeder service. He provided an update on funding for the bus feeder service after meeting with MTC and the Bay Area Rapid Transit, discussed the Dynamic Personal Microtransit procurement process, the Authority’s participation in the County’s Electric Vehicle (EV) Workshop and the start of an update to the Authority’s EV Readiness Blueprint, the launch of the Authority’s Patio podcast, and announced the hiring of Kathrina Yip as the Authority’s new Accounting Specialist.
16. CALENDAR
A. February, March, April, and May 2023
Authority Board Meeting MINUTES
February 15, 2023
B. Calendar of Upcoming Events
17. ADJOURNMENT to the next regular meeting proposed for March 15, 2023 at 6:00 PM.
DISCUSSION: The meeting was adjourned at 7:30 PM.