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December 11th, 2019 at 10:30 AM

Minutes | Regular Meeting

IMPERIAL COUNTY TRANSPORTATION COMMISSION

MANAGEMENT COMMITTEE

MINUTES OF December 11, 2019

10:30 a.m.

 

VOTING MEMBERS PRESENT:

                                   

City of Brawley                        Rosanna Bayon Moore

                                    City of Calipatria                      Rom Medina

City of Calexico                       David Dale

                                    City of El Centro                     Marcela Piedra

City of Holtville                       Nick Wells

City of Imperial                        Stefan Chatwin

County of Imperial                    Tony Rouhotas

                                                                                                                                     

STAFF PRESENT:     Mark Baza, David Aguirre, Virginia Mendoza, Cristi Lerma

OTHERS PRESENT:  David Salgado: SCAG; Beth Landrum, Jesus “Chi” Vargas, Hanh-Dung Khun: Caltrans; Liz Zarate: City of El Centro; Alexis Brown: City of Imperial; Don Hunt: Norton Rose Fulbright US LLP; Carmen Vargas: Ramirez & Co., Inc.

 

 

The following minutes are listed as they were acted upon by the Imperial County Transportation Commission Management Committee and as listed on the agenda for the meeting held Wednesday, December 11, 2019 together with staff reports and related documents attached thereto and incorporated therein by reference.

 

I.                    CALL TO ORDER AND ROLL CALL

 

Chair Wells called the Committee meeting to order at 10:38 a.m. Roll call was taken at 10:52, and a quorum was present.

 

II.                 EMERGENCY ITEMS

 

A.                 There were none.

 

III.              PUBLIC COMMENTS

 

There were none.

 

IV.              CONSENT ITEMS

 

A motion was made by Medina seconded by Chatwin to approve the consent calendar as presented, Motion carried unanimously.

 

A.                 Approved Management Committee Minutes for November 13, 2019

B.                  Received and Filed:

1.                   ICTC Commission Meeting Notes for November 13, 2019

2.                   ICTC TAC Minutes for November 14, 2019

3.                   ICTC SSTAC Draft Minutes for November 6, 2019

 

V.                 REPORTS

 

A.                 ICTC Executive Director

            Mr. Baza had the following updates:

-          Mr. Baza gave an update regarding the SR-78/Glamis Multiuse Grade Separated Crossing Feasibility Study. He stated the project is fully underway and the second technical working group meeting was held on December 10, 2019 at the ICTC office in El Centro and there was good attendance. He stated that an outreach plan is being finalized with a scheduled public outreach event being held on January 18, 2019 in Glamis during Glamis clean-up day.

-          Mr. Baza stated that ICTC proposes to deliver the Calexico East Port of Entry Bridge Expansion project using the Design-Build process with the environmental process completed by the end of this year.

 

                        Ms. Mendoza had the following updates:

-          Ms. Mendoza stated that the Calexico Intermodal Transportation Center is still underway. She stated that the project is currently in the environmental phase and expected to be completed in December.

-          Ms. Mendoza stated that the next IMBA meeting is scheduled in the City of Mexicali on January 9, 2020. Staff will be presenting the 2020 goals attained during the Strategic Planning session.

-          A report with additional updates can be found on page 18 of the agenda.

 

B.                  Southern California Association of Governments (SCAG)

            Mr. Salgado had the following updates:

-          The California Department of Housing and Community Development (HCD) provided their Regional Housing Need determination for the SCAG region – a total of 1,344,740 housing units that the six-county region must plan for in the October 2021 – October 2029 planning period. The current draft methodology can be found on the SCAG website as well as a calculator tool for viewing the potential RHNA Allocation number a municipality will receive. SCAG is currently awaiting a response from HCD regarding the proposed methodology. Once HCD provides comments and feedback regarding the proposed methodology a response will be provided to SCAG and further approval may occur.

-          The DRAFT Connect SOCAL Plan was released on Thursday November 7th by the Regional Council at its regular meeting. The plan incorporates the Sustainable Communities Strategy (SCS) for a second time. All of the documentation is available on the Connect SOCAL website. The Program Environmental Impact Report (PEIR) will be released concurrently for comment and review. SCAG will be traveling the region to brief officials and solicit feedback from folks through January 2020. Public Hearings are also scheduled for December 2019 as well, dates and times are listed below. The hearings will be held in the Los Angeles Office with live video conference available in all the SCAG regional offices, including Imperial County’s office in El Centro on Tuesday, December 10, 2019; 10:00 AM-12:00 PM and on Saturday, December 14, 2019; 10:00 AM-12:00 PM

-          A report with additional updates can be found on page 27 of the agenda.

 

C.                  Caltrans Department of Transportation – District 11

                        Mr. Vargas provided the following updates:

-          The I-8 concrete project is still scheduled to be completed by the end of the year. Caltrans and ICTC will hold a Ribbon Cutting Ceremony on December 18, 2019 at 10:30 a.m. at the Caltrans Midway Maintenance Yard.

-          Other projects are also on time. No delays have been reported.

-          Regarding the mud pots in Niland, phase 1 and 2 are complete. Phase 3 detour will not begin until mud pots begins shifting.

-          The I-8/Imperial Interchange project is still expected to begin construction in February 2020. A public outreach campaign is underway between Caltrans, City of El Centro and ICTC staff.

Ms. Khun had the following updates:

-          Sign installation and pavement refreshment was completed on October 24, 2019 for the road at SR-98 and Barbara Worth just outside of Calexico. The sign reads, “Cross Traffic Does Not Stop Here.”

-          A report with additional updates can be found on page 30 of the agenda.

 

D.                 Committee Member Reports

-          There were none.

 

VI.               ACTION CALENDAR

 

A.        FY 16-17, 17-18 and 18-19 TDA Triennial Performance Audit – Award Recommendation

           

Mr. Aguirre presented this item.

 

ICTC staff recently completed a competitive bid via a Request for Proposals (RFP) process to acquire the services of a qualified consulting team to complete the TDA Triennial Performance Audit. The RFP requested multiple consulting services in accordance with the requirements of the Transit Performance Guidance Handbook. The RFP was circulated to various professional service firms who have experience completing similar work for other agencies.

 

A total of two (2) consultants submitted responses to ICTC’s RFP. The consultants that submitted a response included: Moore and Associates and Michael Baker International. A proposal evaluation committee was established to complete the review of proposals of qualified consultants.  The evaluation committee was comprised of staff from SCAG, ICTC and the city of Imperial.  The committee completed the scoring and ranking of each of the responses the week of November 4th, 2019. The evaluation committee elected not to complete oral interviews of the consulting teams. The scoring and ranking of the consultants was based on the following criteria: Technical Experience, Proposed Methodology and Approach to Work; Project Team and Staff Qualifications; Price and Best Value; and Completeness of Response and References.

 

                        The ranking is listed as follows:

 

                        NAME                 RANKING                           PRICE                          Cost/Hour               

           

                        Moore and Associates                1                      $71,537.40                   $128.20

                        Michael Baker International       2                      $74,710.00                   $144.79

                                   

Both firms can complete the project. Both firms also proposed completing all the services internally with no subconsultants required. Moore and Associates and Michael Baker International both have experience working with ICTC on previous projects. Michael Baker International completed the previous TDA Triennial Performance Audit. Neither firm is local with Moore and Associates utilizing its Valencia office and Michael Baker International utilizing its Rancho Cordova office.

 

A budget of $75,000 was identified and approved in the ICTC FY 2019-20 OWP and budget.

 

            It was requested that ICTC Management Committee forward this item to the Commission for review and approval after public comment, if any:

 

1.         Approve the award of the Agreement for the FY 16-17, 17-18 and 18-19 TDA Triennial Performance Audit to Moore and Associates in the amount of $71,537.40.

2.         Authorize the Chairperson to sign the agreement.

 

A motion was made by Bayon Moore seconded by Rouhotas. Motion carried unanimously.

 

VII.            LTA ACTION CALENDAR

 

A.        Imperial County Local Transportation Authority – Sales Tax Revenue Refunding Bonds (Limited Tax Bonds), Series 2020 A, B, C, D & E

                       

                        Mr. Baza introduced Ms. Carmen Vargas and Mr. Don Hunt; they both presented this item.

 

Background: The Authority and each of Brawley, Calexico, Calipatria, Imperial and the County (each a “Participating Local Agency”) desire to achieve debt service savings by refunding a portion of the 2012 Bonds with the proceeds of the Authority’s Sales Tax Revenue Bonds (Limited Tax Bonds), Series 2020, to be issued in five series on a taxable basis (the “2020 Bonds”).

 

In connection with the issuance of the 2012 Bonds, each Participating Local Agency entered into a separate agreement with Authority, whereby each such Participating Local Agency pledged its share of the Measure D Sales Revenues (the “Pledged Measure D Sales Tax Revenues”) to the repayment of its Series of 2012 Bonds (the “Original Pledge Agreement”).

 

In connection with the issuance of the 2020 Bonds, each Participating Local Agency will enter into an Amended and Restated Pledge Agreement (the “Amended and Restated Pledge Agreements”), which amends the Original Pledge Agreement to streamline the process for the issuance of future series of bonds payable from the Pledged Measure D Sales Tax Revenues of such respective Participants.  Under each Amended and Restated Pledge Agreement, the Participating Local Agency pledges its Pledged Measure D Sales Taxes Revenues to all outstanding bonds that are payable from its Pledged Measure D Sales Tax Revenues, the Series of 2020 Bonds that are payable from its Pledged Measure D Sales Tax Revenues and any future series of bonds that will be payable from its Pledged Measure D Sales Tax Revenues.

 

Ms. Vargas stated that if the resolution is approved, it will allow us to move forward with the credit rating agency. In 2020 the underwriting cost will not exceed .75%.

 

It was requested that ICTC Management Committee forward this item to the LTA Board for review and approval after public comment, if any:

 

1.         RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF IMPERIAL COUNTY LOCAL TRANSPORTATION AUTHORITY SALES TAX REVENUE REFUNDING BONDS IN ONE OR MORE SERIES, APPROVAL OF SUPPLEMENTAL INDENTURES, A PURCHASE CONTRACT, A CONTINUING DISCLOSURE AGREEMENT, PLEDGE AGREEMENTS, AN ESCROW AGREEMENT AND A PRELIMINARY OFFICIAL STATEMENT, AND AUTHORIZING OFFICIAL ACTIONS AND EXECUTION OF DOCUMENTS RELATED THERETO

 

A motion was made by Chatwin seconded by Medina. Motion carried unanimously.

 

VIII.         INFORMATION CALENDAR

 

A.            FY 2019-20 ICTC Budget Back-up Documentation Request – County of Imperial Legal, Auditor-Controller and Treasurer Services                     

            Presented by David Aguirre

 

The Commission met at a special meeting at the ICTC offices on June 28, 2019. During this meeting ICTC staff presented the FY 2019-20 Overall Work Program (OWP) and Budget to the Commission. The Commission approved the budget as presented, however a request was made to staff to provide back-up documentation regarding the amount that the County of Imperial charges ICTC for services provided. ICTC utilizes the County of Imperial's Legal, Auditor-Controller and Treasurer Departments to provide various services.

                       

ICTC has a contract with County Legal Services through 2021 for a not to exceed fee of $30,000 annually. ICTC's contract with County Legal Services provides ICTC with miscellaneous legal services as requested by ICTC. ICTC is billed approximately $150.00 per hour for legal services. Any remaining funds associated with the contract not utilized by ICTC are reimbursed at the end of the year.

 

The fees for the services associated with the County Auditor Controller and Treasurer Departments are derived from a state approved cost allocation plan. The annual cost allocation plan can be located at https://sco.ca.gov/ard_county_cost_approvals.html.

 

ICTC's portion of the costs associated with the Auditor-Controller and Treasurer Departments is approximately. 7% (estimated at $70,000) of the total allocated cost of departments noted in the cost allocation plan for FY 2019-20. ICTC is billed on a quarterly basis for services provided.

 

Prior to FY 19-20, the County of Imperial Staff encountered numerous errors with its cost allocation for ICTC. Staff has engaged in various discussions with the County Auditor-Controller's office to review the past errors associated with ICTC's cost allocation.  In previous years, ICTC was either credited funds, not charged any fees or charged below actual fees due to various accounting errors. As a result of the errors, the actual value allocated to ICTC for FY 19-20 seems out of the ordinary or excessive. Since the errors have been corrected, ICTC should not experience major  discrepancies  in its annual  cost allocation.  Services rendered  include  but  are  not  limited  to  the  Auditor-Controller staffs  recording  of  all  ICTC  financial transactions,  issuance of payments to vendors, receipt and proper allocation of funds received from various federal  and state agencies  and  use of the county accounting  system. In FY 18-19, ICTC  incurred 2,597 transactions and deposited and issued 687 checks. Like the legal agreement, any funds not utilized will be credited back to ICTC at the end of the fiscal year.

 

ICTC appreciates the support provided by the County of Imperial's Legal, Auditor-Controller and Treasurer Departments. They are a crucial part of ICTC’s day to day activities and we look forward to the continued positive relationship. This item was for informational purposes only.

 

                B.         Federal Transit Administration (FTA) Triennial Review; FY 2017, 2018, and 2019

                        Presented by David Aguirre

 

As a recipient of Federal Transit Administration (FTA) dollars, ICTC is required to comply with numerous federal regulations in the administration and operations of the public transit services. The Triennial Review is less exacting than an audit, it is FTA’s assessment of ICTC’s compliance of regulations that cover 21 areas including but not limited to: Financial Management and Financial Capacity, Maintenance, Procurement, Civil Rights, Drug Free Workplace and Drug and Alcohol Program, Grant Management, and Program Implementation Practices. 

 

The Triennial Review process began in April 2019 with FTA’s request for and review of ICTC’s program files and data. Subsequently in October 2019, FTA staff performed on-site reviews and observations of ICTC, our transit operator, and sub-recipients records and operational practices over a two-day period. The FTA staff recently completed the 2019 Triennial Review and provided a formal response letter dated November 22, 2019.

 

Within the various areas of compliance, ICTC received a notice of deficiency for seven of these areas. Within these areas there are 11 items that require corrective actions.  Additionally, the FTA staff made a few recommendations for further program development of ICTC as it pertains to transit operations.  A matrix was provided of the findings and our proposed corrective actions to meet FTA’s required response and implementation.

 

ICTC staff is actively addressing the items and are confident in our ability to meet the deadline of corrective actions and response to FTA by March 2020. Many of the actions require the amendment or development of procedures to improve our requirements pertaining to ADA guidelines, documentation requests for our member agency sub-recipients and financial documentation policy adjustments.

 

                        This item is presented to you for information and discussion purposes.

 

          C.         Update on Calipatria and Niland Implementation of Bus Stop and Bench Shelters

                        Presented by David Aguirre

 

A request was made by the City of Calipatria / Niland to provide service to the east side of the town. After review, staff is proposing to add it to the IVC Express Route, which will add about 8-10 minutes to this route. This item was for informational purposes only.

           

VII.            NEXT MEETING DATE AND PLACE

 

The next meeting of the Management Committee is scheduled for January 8, 2019 at the City of Westmorland, Westmorland, CA  

 

VIII.         ADJOURNMENT

 

A.                 Meeting adjourned at 11:46 a.m.