HomeMy WebLinkAboutFresno County Transportation Authority Measure C Agreement Senior Activity Center & Housing Street Proj - 8-16-23 2QgC10 0 40�
MEASURE C
AGREEMENT TO ESTABLISH PROGRAM ELIGIBILITY
AND FUNDING REQUIREMENTS
Environmental Enhancement Program
Transit Oriented Development (TOD) Subprogram
Cycle XI
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This Program Eligibility and Funding Agreement ("Agreement") is made and
entered into on r 2023, by and between the City of Fresno ("Grantee")
and the Fresno Cou ty Transportation Authority ("Authority").
RECITALS
WHEREAS, passage of the Measure C Extension created within the
Environmental Enhancement Funding Allocation Program a subprogram entitled
"Transit Oriented Infrastructure for In-fill" ("TOD"), the purpose of which was to provide
funding to support planning and incentives generally intended to support increased
demand for transit facilities; and
WHEREAS, in accordance with the Measure C Extension Expenditure Plan
("Expenditure Plan") and most notably Appendix L thereto, the details regarding the
funding and implementation of the TOD subprogram are set forth in the "Fresno County
Measure C Transit Oriented Development Program Policies and Guidelines" (the 2018
"TOD Guidelines," attached as Appendix 1 hereto); and
WHEREAS, as recommended in the Expenditure Plan and as described in the
Measure C Extension Strategic Implementation Plan (SIP), Appendix L, the TOD
Guidelines specify three (3) categories of projects/programs for which the TOD is
available to provide competitively based funding, which are generally characterized in
the TOD Guidelines under the following respective headings: (1) Capital Improvement
Program; (2) Planning Program; and (3) Housing In-Fill Incentive Program; and
WHEREAS, Grantee submitted for approval, under the Capital Improvement
Program category of the TOD, a "Project Application" which was dated February 28,
2023, and is incorporated by this reference as though fully set forth herein, requesting
reservation from eligible Measure C Extension funds of $1,739,394 in funding, which
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amount shall be available solely for implementation and completion of the proposed
"Senior Activity Center and Housing Street Improvement Project"; and
WHEREAS, Authority is authorized to approve funding for payment to Grantee
in accordance with this Agreement, the TOD Guidelines, and the Expenditure Plan, for
funding of the design, right of way and construction phases of Grantee's proposed
Senior Activity Center and Housing Street Improvement Project; and
WHEREAS, on June 14, 2023, the Authority's Board approved the reservation
of $1,382,945 in TOD funding to be made available for implementation and completion
of Grantee's proposed Project; and
WHEREAS, the Authority's Board further directed Authority staff to draft this
Agreement, for the purpose of establishing program implementation requirements and
the terms and conditions governing the rights and obligations of the respective parties
hereunder; and
WHEREAS, Authority and Grantee now desire to enter into this Agreement,
which serves to establish requirements for Grantee's use of the funding provided
hereunder, as well as delineating the respective rights and obligations of the parties
regarding use of Measure C funds as authorized for use by Grantee for the purposes
specified hereunder, including but not limited to conditions and limitations on Grantee's
right to receipt of payment hereunder.
NOW, THEREFORE, in consideration of the mutual promises and undertakings
herein made and the mutual benefits to be derived therefrom, the parties hereto
represent, covenant, and agree as follows:
AGREEMENT
ARTICLE I
Covenants of Grantee
As a condition of the receipt of Measure C funds under the TOD subprogram, Grantee
agrees to abide by the terms and conditions of this Agreement, the 2018 TOD
Guidelines, the current Strategic Implementation Plan (SIP) and the Project Application,
and to comply with the Expenditure Plan and all adopted Policies and Procedures of
the Authority as applicable, as well as any subsequent amendments, updates, or other
applicable plans.
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1.1 Project Scope, Schedule and Funding Program. The Project scope of work,
schedule and funding program, as well as any change(s) thereto may not be
implemented or initiated until approved by the Authority. For purposes of this
Agreement, the Project scope, schedule and funding program are defined and
described in Grantee's Project Application.
1.2 Eligibility for Funding. In order to be eligible for TOD funding hereunder, a
proposed project must meet all of the requirements as set forth in the 2018 TOD
Guidelines, Appendix 1 hereto. Grantee must also demonstrate that the overall
Project or Project phases are fully funded before TOD funding can be obligated.
1.3 Compliance with California PUC Code 142257. Grantee agrees to the
following:
1.3.1 Measure C funds will not be used to substitute for property tax funds,
which Grantee had previously used for regional or other transportation
purposes. It is hereby acknowledged by Grantee that such substitution
of property tax funds is expressly prohibited by California Public Utilities
Code Section 142257.
1.3.2 Grantee has segregated property tax revenues from its other general
fund revenues used to support the Project so that verification of non-
substitution can be proved through audit or that the non-substitution of
funds shall apply to the Grantee's entire general fund.
1.3.3 Grantee shall account for Project funds received pursuant to Public
Utilities Code Section 142257. Grantee shall maintain current records in
accordance with generally accepted accounting principles, and shall
separately record expenditures for each type of eligible purpose.
Grantee shall make such records available to the Authority for inspection
or audit at any time.
1.4 Compliance with Other Laws. In performance of its obligations relating to
administration and completion of the Project, Grantee shall at all times comply
with all federal, state, and local laws, ordinances, and regulations currently in
force as well as those that are subsequently enacted, promulgated or amended
and thereby become applicable during the term of this Agreement.
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1.5 Measure C Funds Defined. For purposes of this Agreement, Measure C funds
are deemed to be available under the TOD, subject to the limitations and
conditions specified in this Agreement and the 2018 TOD Guidelines. Provided,
however, that unless another amount receives formal advance approval by
means of a subsequent written amendment to this Agreement, the total
cumulative amount of Measure C funds allocated under the TOD for the Project
shall not exceed the sum of $1,382,945.
1.6 Maintenance of Project Records. Grantee shall maintain complete and
accurate records for the project for which funding is made available hereunder.
All such records shall be maintained on a generally accepted accounting basis
and be clearly identified and readily accessible. Grantee shall provide free
access to the Authority at all times to such books and records. Grantee shall
maintain all work data, documents, and proceedings relating to this Agreement
for a period of five (5) years from the date of final audit from the Authority.
1.7 Invoices. Grantee shall submit invoices to the Authority no more frequently than
monthly for activities conducted over the prior unbilled month. These documents
shall include the following specified information:
1.7.1 Monitoring Expenditures and Progress Pa ments. Grantee will monitor
expenditures and progress payments against the "not to exceed" limits
specified in Section 1.5 of this Agreement.
1.7.2 Project Progress. If Project costs have not been invoiced for a six-month
period, Grantee agrees to submit a written explanation of the absence of
the Project's progress to the Authority, along with a target billing date and
a target billing amount.
1.7.3 Direct and Indirect Costs. Grantee may include in the Project invoice,
direct and indirect costs of the Project. Indirect costs (as defined by OMB
Circular A-87) will be considered an eligible expense.
1.7.4 Copies of Invoices. Grantee shall provide the Authority with one (1) copy
of appropriate source documentation to substantiate Project expenses or
costs.
1.7.5 Eligible Project Cost Request Deadline. Invoices for eligible Project
costs incurred by Grantee shall be submitted to the Authority on the
approved form. The appropriation request will specify the use of the
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funding and the manner in which other sources of funding for the Project
were applied. The Authority's Executive Director will review invoices for
accuracy and sufficiency in terms of compliance with the foregoing
requirements. Unsatisfactory or inadequate invoices will be returned to
Grantee for correction and resubmission. Upon receipt of a proper
invoice, eligible Measure C and TOD funds (as applicable) shall be
provided to the Grantee within 45 days.
1.7.6 Use of Funds Grantee shall use Measure C and TOD funds (as
applicable) consistent with the Measure C Expenditure Plan, Strategic
Implementation Plan, the provisions of this agreement, the 2018 TOD
Guidelines, and the Project Application.
1.8 Award of Project. Grantee shall administer the Project, including but not
limited to its advertisement and award of all contracts, in accordance with
applicable legal requirements as provided above in Section 1.4 and in full
conformity with the standards applied by Grantee in the administration of its own
construction projects.
1.9 Project Groundbreaking and Ribbon Cutting Ceremonies• and Press
Conferences. Responsible Agency shall acknowledge Measure C funding
contribution to the Project at the groundbreaking and ribbon cutting ceremony
and at any project Press Conferences should the Responsible Agency conduct
such events. Groundbreaking and ribbon cutting ceremonies are encouraged,
but not required, unless specifically requested by the Authority. Authority shall
be invited to participate at all scheduled events.
1.10 Project Signa-e_Responsible Agency agrees to the following:
1.10.1 Responsible Agency shall provide signage at construction sites or on
equipment, as appropriate, for the projects funded partially or wholly by
Measure C sales tax revenue, so that Fresno County Taxpayers are
informed as to how those funds are being used. Responsible Agency
shall include the Measure C logo on all project reports, bulletins, flyers,
press releases, webpages, or other related media.
1.10.2 Responsible Agency shall erect funding signs as a first order of work of
any construction contract. The signage shall be in conformance with
specifications approved by and on file with the Authority and included in
Appendix J to the SIP. Responsible Agency shall keep signs cleaned,
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well maintained, and visible throughout all phases of the construction
contract. Signage shall remain in place at least three (3) months after
completion of the Project. Costs associated with installation and removal
of signage are eligible expenses.
ARTICLE II
Covenants of Authori
Authority agrees to provide to the Grantee Measure C Extension funds available under
the TOD, up to the maximum amount of $1,382,945 approved for the Project, in
accordance with the terms and conditions set forth herein, and in compliance with the
Expenditure Plan, the 2018 TOD Guidelines, and all adopted Policies and Procedures
of the Authority as applicable, as well as any subsequent amendments, updates, or
other applicable plans.
2.1 Eligible Project Cost Payments. The Authority shall make payments to
Grantee for actual incurred eligible project costs in accordance with Sections 1.1
and 1.5 of this Agreement and consistent with the SIP. To receive payments for
eligible project work completed, Grantee shall comply with the following
procedures:
2.1.1 Ineligible Costs. The Authority reserves the right to recover payment
from Grantee if an invoice includes ineligible Project costs.
2.1.2 Payment Amount. The amount of payments to Grantee for eligible
project costs shall be made pursuant to the SIP and this Agreement.
2.1.3 Suspension of Payment. Payments for eligible Project costs shall be
suspended without interest when a dispute arises as to whether or not a
cost item(s) is eligible for payment.
2.1.3.1 Dispute Resolution. All disputes shall be settled in accordance
with the laws of the State of California. Once a dispute has
occurred, the Authority and Grantee shall attempt to resolve the
dispute informally in a mutually agreeable manner.
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2.2 Right t❑ Conduct Audit. The Authority shall have the right to conduct an audit
of all Grantee's records pertaining to the Project at any time following completion
of the eligible Project work.
2.2.1 Notice of Audit. The Authority must provide at least 30 days' advance
notice to Grantee if an audit is to be conducted.
ARTICLE III
Mutual Covenants
The Authority is released from any liability to Grantee regarding the Authority's
administration and issuance of the Measure C proceeds except for any breach of
Authority's fiduciary duty as set forth in the Expenditure Plan and SIP.
3.1 Effective Date and Term. This Agreement shall become effective as of the
date of its full execution by the parties and shall remain in full force and effect
following its final approval by the Authority's Board, for a period of twelve (12)
months following the date of Grantee's completion of eligible Project work,
unless sooner terminated as provided in Section 3.2 or in Section 3.4 or unless
the Agreement's term is extended by formal approval of a subsequent
amendment hereto in accordance with Section 3.8.
3.2 Discharge. This Agreement shall be subject to discharge as follows:
3.2.1 Termination by Mutual Consent. This Agreement may be terminated at any time
by mutual consent of Grantee and Authority. If this Agreement is mutually
terminated by the parties, Grantee will no longer receive Measure C funds under
the TOD for its proposed Senior Activity Center and Housing Street
Improvement Project (or any phase thereof), unless a new agreement between
Grantee and Authority relating to such Project is formed; and in the event of such
mutual termination, those funds remaining from the originally reserved funding
allocation of $1,382,945 for the design, right of way & construction phases of
this Project shall be returned by the Authority to the general TOD funding pool.
3.2.2 Dischar e Upon Completion of Grantee's Pro ram. Except as to any rights or
obligations which survive discharge as specified in Section 3.14, upon
completion of Grantee's completion of eligible project work, this Agreement shall
be discharged, and the parties shall have no further obligation to each other.
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3.2.3 Termination by Authority. The Authority reserves the right to terminate the
Agreement at any time by giving written notice to Grantee of such termination
and specifying the effective date thereof. If this Agreement is terminated by the
Authority as provided herein, Grantee will be paid by the Authority for eligible
Project costs incurred prior to termination of the Agreement, consistent with the
requirements of the Program referenced herein and in the 2018 TOD Guidelines.
In that event, all finished or unfinished documents and other materials shall, at
the option of the Authority, become its property subject to the terms and
conditions of Section 1.6.
3.3 indemnit . It is mutually understood and agreed, relative to the reciprocal
indemnification of Authority and Grantee:
3.3.1 Grantee shall fully defend, indemnify and hold harmless Authority, and
any officer or employee of Authority, against any and all damages,
liabilities, claims and expenses, arising out of Grantee's errors,
omissions, negligent acts or willful misconduct during the term of this
Agreement. It is also fully understood and agreed that, pursuant to
Government Code Section 895.4, Grantee shall fully defend, indemnify
and hold the Authority harmless from any liability imposed for injury as
defined by Government Code Section 810.8 occurring by reason of
anything done or omitted to be done by Grantee under this Agreement or
in connection with any work, authority, or jurisdiction delegated to
Grantee under this Agreement.
3.3.2 Authority shall fully defend, indemnify and hold harmless Grantee, and
any officer or employee of Grantee, against any and all damages,
liabilities, claims and expenses, arising out of Authority's errors,
omissions, negligent acts or willful misconduct during the term of this
Agreement. It is also fully understood and agreed that, pursuant to
Government Code Section 895.4, Authority shall fully defend, indemnify
and hold Grantee harmless from any liability imposed for injury as defined
by Government Code Section 810.8 occurring by reason of anything
done or omitted to be done by Authority under this Agreement or in
connection with any work, authority, or jurisdiction delegated to Authority
under this Agreement.
3.4 Limitation. All obligations of the Authority under the terms of this Agreement
are expressly subject to the Authority's continued authorization to collect and
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expend the sales tax proceeds provided by Measure C Extension funds. If for
any reason the Authority's right to collect or expend such sales tax proceeds is
terminated or suspended in whole or part, the Authority shall promptly notify the
Grantee, and the parties shall consult on a course of action. If, after twenty-five
(25) working days, a course of action is not agreed upon by the parties, this
Agreement shall be deemed terminated by mutual or joint consent; provided,
that any future obligation to fund from the date of the notice shall be expressly
limited by and subject to: (i) the lawful ability of the Authority to expend sales tax
proceeds for the purposes of the Agreement; and (ii) the availability, taking into
consideration all the obligations of the Authority under all outstanding contracts,
agreements to other obligations of the Authority, of funds for such purposes.
3.5 Notices. Except as may be otherwise required by law, any notice to be given
shall be written and shall be either personally delivered, sent by facsimile
transmission, email, or sent by first class mail, postage prepaid and addressed
as follows:
AUTHORITY:
Mike Leonardo, Executive Director
Fresno County Transportation Authority
2220 Tulare Street, Suite 2101
Fresno, CA 93721
Ph.: (559)600-3282
mike thefcta.com
RESPONSIBLE AGENCY:
Scott Mozier P.E., Public Works Director
City of Fresno
2600 Fresno Street,4th Floor
Fresno, CA 93721
Ph.: (559)621-8811; Fax: (559)488-1045
Scott.Mozier fesno,gov
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3.5.1 Notice personally delivered is effective when delivered. Notice sent by
facsimile or email transmission is deemed to be received upon
successful transmission. Notice sent by first class mail shall be deemed
received on the fifth day after the date of mailing. Either party may
change the above address by giving written notice pursuant to this
paragraph.
3.6 Additional Acts and Documents. Each party agrees to do all such things and
take all actions, and to make, execute and deliver such other documents and
instruments, as shall be reasonably requested to carry out the provisions, intent
and purpose of the Agreement.
3.7 Integration. This Agreement represents the entire Agreement of the parties
with respect to the subject matter hereof. NO representations, warranties,
inducements or oral agreements have been made by any of the parties except
as expressly set forth herein, or in other contemporaneous written agreements.
3.8 Amendment. This Agreement may not be changed, modified, or rescinded
except in writing, signed by all parties hereto, and any attempt at oral
modification of this Agreement shall be void and of no effect.
3.9 Independent Agency_. Grantee renders services under this Agreement as an
independent agency under the Agreement. None of the Grantee's agents or
employees shall be agents or employees of the Authority and none of the
Authority's agents or employees shall be agents or employees of the Grantee
agency.
3.10 Assignment. The Agreement may not be assigned, transferred,
hypothecated, or pledged by any party without the express written consent of
all parties hereto.
3.11 Binding ❑n Successors. This Agreement shall be binding upon each of the
parties and their respective successor(s), assignee(s) or transferee(s).
Provided however that this provision shall not be construed as an authorization
to assign, transfer, hypothecate or pledge this Agreement, other than as
provided in Section 3.10 above.
3.12 Severability. Should any part of this Agreement be determined to be
unenforceable, invalid, or beyond the authority of either party to enter into or
carry out, such determination shall not affect the validity of the remainder of this
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Agreement, which shall continue in full force and effect; provided that, the
remainder of this Agreement can, absent the excised portion, be reasonably
interpreted to give effect to the intentions of the parties.
3.13 Counterparts. This Agreement may be executed in one or more counterparts
and shall become effective when one or more counterparts have been signed
by all of the parties; each counterpart shall be deemed an original but all
counterparts shall constitute a single document.
3.14 Survival. The following provisions in this Agreement shall survive discharge:
3.14.1 Grantee. As to the Grantee agency, the following sections shall
survive discharge: Section 3.3 (Indemnity),
3.14.2 Authority. As to Authority, the following section shall survive
discharge: Section 2.2 (Right to Conduct Audit) and Section 3.3
(Indemnity).
3.15 Time. Time is and shall be of the essence of this Agreement and each and all
of its provisions in which performance is a factor.
3.16 Remedies Cumulative. No remedy or election of remedies provided for in this
Agreement shall be deemed exclusive, but shall be cumulative with all other
remedies at law or in equity. Each remedy shall be construed to give the fullest
effect allowed by law.
3.17 Applicable Law. This Agreement shall be governed by, and construed and
enforced in accordance with the laws of the State of California. The parties
agree that this contract is made in and shall be performed in Fresno County,
California.
3.18 Captions. The captions in this Agreement are for convenience only and are not
a part of this Agreement. The captions do not in any way limit or amplify the
provisions of this Agreement and shall not affect the construction or
interpretation of any of its provisions.
3.19 No Continuing Waiver. The waiver by any party of any breach of any of the
provisions of this Agreement shall not constitute a continuing waiver or a waiver
of any subsequent breach of the same, or of any other provision of this
Agreement.
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3.20 No Rights in Third Parties. Nothing in this Agreement, express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement
on any third party, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third party to any party to this
Agreement, nor shall any provision of this Agreement give any third party any
right of subrogation or action over or against any party to this Agreement.
3.21 Attorne 's Fees and Costs. Authority and Grantee each will bear its own
respective costs, including attorney's fees, in connection with any legal
proceedings related to the interpretation or enforcement of this Agreement or
any of the terms and conditions hereof.
3.23 Exhibits and Recitals. The Recitals and Exhibits to this Agreement are fully
incorporated into and are integral parts of this Agreement.
3.24 Signator's Warranty. Each party warrants to each other that he or she is fully
authorized and competent to enter into this Agreement in the capacity indicated
by his or her signature and agrees to be bound by this Agreement as of the day
and year first mentioned above upon the execution of this Agreement by each
other party.
3.25 Force Ma'eure. Any party shall be excused from performing its obligations
under this Agreement during the time and to the extent that it is prevented from
performing by an unforeseeable cause beyond its control, including but not
limited to: any incidence of fire, flood; acts of God; commandeering of material,
products, plants or facilities by federal, state or local government; national fuel
shortage; or a material act or omission by any party; when satisfactory evidence
of such cause is presented to that other party, and provided further such
nonperformance is unforeseeable, beyond the control and is not due to the fault
or negligence of the party not performing.
3.26 Electronic Signatures. The Parties agree that this Agreement may be
executed by electronic signature as provided in this section. An "electronic
signature" means any symbol or process intended by an individual signing
this Agreement to represent their signature, including but not limited to (1)
a digital signature; (2) a faxed version of an original handwritten signature;
or (3) an electronically scanned and transmitted (for example by PDF
document) of a handwritten signature. Each electronic signature affixed or
attached to this Agreement (1) is deemed equivalent to a valid original
handwritten signature of the person signing this Agreement for all purposes,
including but not limited to evidentiary proof in any administrative or judicial
proceeding, and (2) has the same force and effect as the valid original
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handwritten signature of that person. The provisions of this section satisfy
the requirements of Civil Code section 1633.5, subdivision (b), in the
Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
beginning with section 1633.1). Each party using a digital signature
represents that it has undertaken and satisfied the requirements of
California Government Code section 16.5, subdivision (a), paragraphs (1)
through (5), and agrees that each other party may rely upon that
representation. This Agreement is not conditioned upon the parties
conducting the transactions under it by electronic means and either party
may sign this Agreement with an original handwritten signature.
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IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on
the day and year first written above.
FRESNO COUNTY TRANSPORTATION AUTHORITY
ATTEST
By BY
(dig ure) lgnature)
Name Ernest"Buddy'Mendes Name Mike Leonardo
(Typed) (Typed)
Title Chair of the Authority Title Executive Director
APPROVED AS TO LEGAL FORM: APPROVED AS TO ACCOUNTING
Daniel C. Cederborg, FORM:
County Counsel k
Y By
(Signature) (Sian to
Name _ Alison Samarin Name _ Oscar J. Garcia, CPA
(Typed) (Typed)
Title Deputy County Counsel Title Auditor-Controllerrrreasurer-Tax Collector
CITY OF FRESNO
ATTEST
By TODD STERMER, CIVIC
(Signature) City Clerk
Name Scott L Mozier, P,E. By:
(Typed) (Deputy)
Title Public Works Director Date ;
APPROVED AS TO FORM
ANDREW JANZ
City Attorney
gy Date:
1� Jennifer M. Quintanilla
!/ Senior Deputy City Attorney
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11 D.
Fresno County Measure C
Transit Oriented Infrastructure for
In--Fill Development (TOD)
Program Policies and Guidelines
Fresno Council of Governments
Fresno County Transportation Authority
August September 201E
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The Transit Oriented Infrastructure for In-Fill Development(TOD)program was created
in the 2006 Measure C Extension Plan. The goals of the Measure C TOD allocation are
to support community-based transit projects that:
■ Are developed through an inclusive planning process with broad private-public
partnerships and outreach;
• Improve the range of transportation choices by supporting transit facilities and
improving links between facilities and activity nodes; and
r Support well-designed,high-density housing and mixed uses near transit.
In addition to encouraging transit supportive land use surrounding the transit corridors to
boost transit ridership in the Fresno County region,the Measure C TOD program also
strives to support livable,viable and sustainable transit oriented healthy communities that
promote walking,biking, and the use of public transit and reduce private vehicle
dependence. Such TOD communities promote health and well-being and reduce risks for
chronic diseases such as obesity, diabetes, and heart disease. The projects funded by the
TOD program serve as models that reduce vehicle trips, improve air quality and provide
access to physical activity opportunities through integrated land use and transportation
planning.
As described in the 2006 Measure C Extension Expenditure Plan,the TOD program
provides funding to 3 types of projects/programs that are competitive-based:
A. Transportation infrastructure improvements to transit facilities to encourage safety
and access to transit facilities, support in-fill development or revitalization, reduce
traffic congestion at transit stations, and provide for a wider range of
transportation choices and improved internal mobility.Funds could be used for
preliminary design and environmental studies, engineering, land acquisition, and
construction;
B. Planning Program or matching money to identify nodal transit sites on transit
corridors for transit oriented development,planning retrofit for existing
neighborhoods, downtowns, commercial cores, and transit station areas and stops
in order to create access to transit and mixed use development in transit friendly
environments. The community planning process would result in transportation/
land-use concept plans; streetscape design concept plans, environmental studies,
detailed drawings, construction cost estimates, and implementation plans for
specific capital projects; and
C. Housing in-fill incentive program would reward local governments for
encouraging developers to build compact designs with higher housing densities,
affordable, accessible housing, and mixed uses that are characteristic of well-
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implemented Transit Oriented Design in other cities developments at transit stops.
Local government agencies could spend funds to supplement development fees or
on a capital project that supports new housing development connections to transit.
Who Can Apply?
City and County governments in Fresno County are eligible for the TOD funding. Private
sector or non-profit organizations can apply for the TOD funding through the
representation of the local government where the project is located.
Program Application Areas
To receive funding from this program,projects must be within %mile of an existing bus
stop or a proposed bus stop/High Speed Rail station that is in the latest Regional
Transportation Plan(RTP).
Eligible projects within all the jurisdictions in Fresno County may apply.
Funding Availability
Based on the Strategic Implementation Plan (SIP)for the Measure C Extension,which
was released in 2015 by the Fresno County Transportation Authority,there will be a total
of$16.9 million available over 20 years in the TOD program.Approximately $850,000 is
accrued annually. The funding level for each cycle will differ year from year depending
upon revenue accrued.
No local match is required.
Funding Cycle
Call for projects will be issued annually. In order to ensure that the TOD funding is
expended effectively and efficiently, only projects that receive an average score of 70
points or above will be funded by the program. If there are not enough qualified projects
submitted in a given funding cycle, the remaining amount not granted from the cycle will
be rolled into the subsequent year's funding pool. The Fresno COG Policy Board and the
Fresno County Transportation Authority(FCTA)Board reserves the right not to fund any
projects or to fund less than the amount available for a given funding cycle.
For a large project that exceeds the funding available in the present cycle, an eligible
jurisdiction may apply for multi-year funding for the project. If one or more multi-year
projects are selected for funding and there are no other qualified applications, it/they will
receive all of the funding for the cycle if their application requests add to at least that
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amount. The shares received by each of the multi-year projects will be determined by the
scoring committee. If there are qualified single-year and multi-year projects,half of the
funding in the funding cycle will be set aside for the multi-year projects, and all the
projects, including the multi-year projects,will compete for the second half of the
funding in the cycle. Should a multi-year project be approved for funding, funding will
not become available to the recipient until each annual funding cycle. The application
must specify the amount of funding requested in each funding cycle.
Grant recipients must enter into a cooperative agreement with their sRonsoring agencies
if a licable and the Fresno County Transportation Authority within one year of
funding approval by the Fresno COG Policy Board and the FCTA Board for their
ros ective roiects. Recipients unable to enter an agreement with FCTA within a year
may ask the FCTA Board for an extension. If no extension is requested or granted.
identified funds will revert to the TOD sub ro am. Recipients must also make every
reasonable effort to meet the project delive schedule as indicated in their application. If
unforeseen circumstances impact project delivea by more than 12 months beyond the
submitted schedule.the recipient must obtain a time extension from the FCTA Board.
Project Selection Process
A panel that includes Fresno COG staff, representatives from the TOD Technical
Advisory Committee and COG member agencies will evaluate, score and rank the
proposed projects. The selected project(s)will go through Fresno COG Transportation
Technical Committee,Policy Advisory Committee, and Policy Board for endorsement,
and will be presented to Fresno County Transportation Authority for final approval.
The scoring'committee consists of one representative from the each of the following
entities:
1. Fresno Council of Governments
2. Fresno County Transportation Authority
3. Fresno Area Express
4. City of Fresno
5. City of Clovis
6. Eastside Cities
7. Westside Cities
8. County of Fresno
9. the public—development community
10.the public—environment/health
11. the public—other sectors
12. Clovis Transit
13.Fresno County Rural Transit Agency
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Projects will be scored based on the scoring system specified in the program guidelines.
The average score of a project is derived as the average of all the scores received. In
order to ensure a fair process, scorers will not score the projects that are submitted by or
through the agency they represent.Any projects that receive an average score of less than
70 points will be automatically disqualified.
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A. Capital Improvement Program
Eligible Activities
Eligible capital improvement projects include pedestrian,bicycle,transit facilities and
other infrastructure improvement that will support and enhance transit oriented
development. Applicants should document how the proposed projects will increase
"location efficiency" so people can walk,bike and take transit;boost ridership and
minimize single occupancy vehicles;provide a rich mix of housing, shopping and
transportation choices; generate revenue for the public and private sectors and provide
value for both new and existing residents and create a sense of place.
Capital Improvement Projects include but not limited to:
■ Improvements to transit facilities
■ Improvements to bike and pedestrian facilities
• Public plazas
■ Streetscape enhancement
■ Parking structure
■ Other infrastructure upgrade to support transit oriented development(e.g. water&
sewers)
Funds can be used for preliminary design, environmental studies, engineering, land
acquisition and construction.
Project Evaluation
1. Nexus to Transit Oriented Development
The application must demonstrate that development supported by the project is transit
oriented, and conforms to all applicable adopted plans. The project will be scored
based on how the project will advance TOD principles and how well the project will
contribute to a livable and viable community.
2. Land Use Characteristics in the Project Area
The applicant will identify existing as well as planned land use conditions in the
development area that the project supports. The project will be scored based on
residential density,employment intensity, as well as the level of mixed use in the
surrounding areas.Projects must support development with a minimum residential
density of 15 units per acre in the Fresno Clovis Metropolitan Area and 10 units per
acre in the rest of the County.
3. Transportation Characteristics
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The applicant will demonstrate how the project will improve accessibility to transit,
and connectivity of trips by alterative mode such as walking and bicycling in the
TOD areas the project serves. An exemplary project will support multi-modal access
to transit service and enhance bicycle and pedestrian travel to facilitate non-auto trips
within the TOD area.
For projects that are not directly related to transportation, the applicant will identify
the existing or planned conditions of transit accessibility as well as the
bike/pedestrian environment in the areas that the project supports.
4. Project Design
The purpose of transit oriented development is to create vibrant and livable
places/communities around transit stations/st s. Project design contributes
significantly to the attractiveness of a place. The highest scored projects would be
those that would likely bring positive impacts to the physical appearance of the
project area; or where there are already design principles in place to guide the
development in the project area.
S. Parking
The applicant will provide the existing parking inventory in the project area, and
identify existing and future parking policies in the area. A project will be scored
favorably if there are existing or planned parking policies in the project area that
would provide for TOD friendly parking.Examples of such TOD friendly parking
policies include but are not limited to:reduced parking requirements, shared parking,
reciprocal access agreement,transit friendly parking design,transit supportive zoning,
etc.
6. Green Buildings
Green building is the practice of creating structures and using processes that are
environmentally responsible and resource-efficient throughout a building's life-cycle
from siting to design, construction, operation,maintenance,renovation and
deconstruction.
Green buildings are designed to reduce the overall impact of the built environment on
human health and the natural environment by:
• Efficiently using energy,water, and other resources
Protecting occupant health and improving employee productivity
Reducing waste,pollution and environmental degradation
For example, green buildings may incorporate sustainable materials in their
construction(e.g.,reused, recycled-content, or made from renewable resources);
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create healthy indoor environments with minimal pollutants (e.g.,reduced product
emissions); and/or feature landscaping that is low-allergen,non-invasive and reduces
water usage(e.g.,by using native plants that survive without extra watering).
A project will be scored favorably if green building practice is incorporated in the
development that the project supports.
7. Affordable Housing
A project that supports an affordable housing development will be scored favorably.
Affordable housing means housing that has an Affordable Housing Cost or
Affordable Rent as defined in Section 50052.5 or 50053(a) of the California Health
and Safety Code, or any successor section thereto.
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Scoring Criteria
I. Land Use Characteristics in the Project Area (max 30 points)
1. Residential Density (max 15 points)
Projects in the Fresno Clovis Metropolitan Area(FCMA)supporting development with a
residential density of 30 units per acre and above will receive a max of 15 points, 10
points for projects with the density at 20-30 units,and 5 points for projects with the
density at 15-20 units.The minimum density required for projects in the FCMA is 15
units per acre.
Projects outside the FCMA supporting development with a residential density of 20 units
per acre and above will receive a max of 15 points, 10 points for projects with the density
at 15-20 units per acre,and 5 points for projects with density at 10-15 units per acre.The
minimum density required for projects outside of the FCMA is 10 units per acre.
2. Employment Intensity (max 5 points)
Projects supporting development that brings higher concentration of jobs will be scored
more favorably than low employment intensity development.
3. Mixed-uses (max 5 points)
Projects that support a variety of land uses,and internalize non-commute trips through
walking and biking,will be scored favorably.
4. Affordable Housing(max 5 points)
Projects that support or provide affordable housing will receive maximum 5 points.
H. Transportation Characteristics in the Project Area(max 30 points)
1. Transit Accessibility (max 20 points)
Projects that improve transit accessibility in the project area will receive maximum 24.0
points.
2. Bike/Pedestrian Enhancement (max 10 points)
Projects that improve bike/pedestrian environment to facilitate non-auto trips in the
project area will receive maximum 10 points
III. Project Design (max 10 points)
Projects that support development whose aesthetic design provides a safe and pedestrian
friendly environment will be awarded maximum of 10 points.For example,development with
doors and windows oriented towards the sidewalk to provide"eyes on the street".
IV. Parking Policies (max 10 points)
Projects that support development with TOD friendly parking policies in place,or
development within the area of an adopted plan that provides such policies,will receive
maximum 10 points.
V. Sustainable Green Building Design (max 5 points)
Projects that support development with sustainable green building design as defined in the
Project Evaluation section will receive a maximum of 5 points.
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VI. Community Support(max 10 points)
Projects that are developed through an inclusive planning process with broad private and
public partnership will receive maximum of 10 points.
VII. Subjective Evaluation (max 5 points)
The scoring committee may use this category to consider factors of overriding concerns.
Examples may include,but are not limited to:quality of project,how the project addresses
issues in the community,how the project will contribute to a livable,viable and sustainable
community,economic impact,etc.
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B. Planning Program
Eligible Activities
Planning grants award funding to planning activities that will develop station area plans,
transit corridor specific plans or any other specific plans that focus on creating vibrant
and livable communities through investment on transit oriented development.Applicants
should document how the proposed projects will increase"location efficiency" so people
can walk,bike and take transit; boost ridership and minimize single occupancy vehicles;
provide a rich mix of housing, shopping and transportation choices; generate revenue for
the public and private sectors and provide value for both new and existing residents and
create a sense of place.
Planning projects include but not limited to:
• Station area plans
• Transit corridor specific plans
• Specific plans that address parking requirement/district, or urban design
guidelines in the designated TOD areas
Awards can be used to pay for professional services and project management as required
by the planning efforts.
Project Evaluation
1. Nexus to Transit Oriented Development
The application must demonstrate the project's nexus to transit oriented development.
The planning project will be scored based on how the project will advance the TOD
principles and how well the project will contribute to a livable and viable community.
The exemplary project would help achieve the goal of boosting transit ridership
through land use changes, and providing multi-modal transportation access to job,
school or recreational destinations.
2. Planning Elements
A successful planning project will include analysis of existing and planned land
use/employment conditions,transit accessibility, street connectivity,urban design
characteristics, and TOD friendly parking policies in the project area. The highest
scored projects will demonstrate the most transit friendly elements such as mixed use,
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high residential density, concentration of employment, convenient access to transit,
abundant choice of other travel alternatives, aesthetic design, etc.
3. Project Impact
The highest scored planning project in this category will include anticipated
implementation actions such as programming of funds for infrastructure projects,
adoption of zoning changes, or other formal action by the City Council or Board of
Supervisors that will result in tangible changes such as general plan amendment, a
community plan or a specific plan thereto.
4. Green Buildings
Green building is the practice of creating structures and using processes that are
environmentally responsible and resource-efficient throughout a building's life-cycle
from siting to design, construction, operation,maintenance,renovation and
deconstruction.
Green buildings are designed to reduce the overall impact of the built environment on
human health and the natural environment by:
Efficiently using energy,water, and other resources
• Protecting occupant health and improving employee productivity
■ Reducing waste,pollution and environmental degradation
For example, green buildings may incorporate sustainable materials in their
construction(e.g.,reused, recycled-content, or made from renewable resources);
create healthy indoor environments with minimal pollutants (e.g.,reduced product
emissions); and/or feature landscaping that is low-allergen,non-invasive and reduces
water usage(e.g., by using native plants that survive without extra watering).
A project will be scored favorably if green building practice is incorporated in the
project.
5. Affordable Housing
A planning project that includes a housing strategy that promotes affordable housing
will be scored more favorably. Affordable housing means housing that has an Affordable
Housing Cost or Affordable Rent as defined in Section 50052.5 or 50053(a) of the
California Health and Safety Code, or any successor section thereto.
Scoring Criteria
3.
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I. Planning Elements (maximum 35 points)
The highest scored project will address the planning elements listed under the Project
Evaluation section. A successful project will demonstrate support for transit oriented
development through these planning elements.
H. Plan Implementation (maximum 30 points)
A successful project will demonstrate potential of timely implementation of the plan.The
project will be scored favorably if it leads to a capital improvement project or other tangible
changes such as a general plan amendment.
III. Local Commitment and Community Support(maximum 10 points)
The high scored project will have broad community support(public involvement to date,
letter of support,etc). Demonstration of developers and property owners'support and being
part of the planning process will also be strong evidence for local commitment.
IV. Affordable Housing (maximum 10 points)
Planning projects that include strategies to promote affordable housing will receive maximum
10 points.
V. Sustainable Green Buildings (maximum 5 points)
Planning projects that include strategies to promote sustainable green building design will
receive maximum 5 points.
VI. Subjective Evaluation (10 points)
The scoring committee may use this category to consider factors of overriding concerns.
Examples may include,but are not limited to:the quality of the planning project,how the
project addresses issues in the community,how the project will contribute to a livable,viable
and sustainable community,economic impact,etc.
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C. Housing In-fill Incentive Program
Eligible Activities
The Housing In-fill Program was designed to reward local governments for encouraging
developers to build higher density housing with TOD characteristics.Local government
could spend funds to supplement development fees or on a capital infrastructure project
that would support transit oriented development. The Housing In-fill Incentive funds
could be expended on two types of programs/projects:
• Capital improvement projects as defined under the Capital Improvement Projects
Program that would support transit oriented development
• Forgiveness of impact fees or other infrastructure capital cost for residential
development within a specified area described in the Program Application Areas
section above
Project Evaluation
1. Nexus to Transit Oriented Development
The project applicant will demonstrate the project nexus to transit oriented
development through its density, accessibility to transit facilities, level of mix uses if
applicable, affordability, and other characteristics of TOD communities.
2. Density
Development supported by the project must have,a minimum residential density of 15
units per acre in the FCMA or 10 units per acre in the rest of the County.
3. Green Buildings
Green building is the practice of creating structures and using processes that are
environmentally responsible and resource-efficient throughout a building's life-cycle
from siting to design, construction, operation,maintenance, renovation and
deconstruction.
Green buildings are designed to reduce the overall impact of the built environment on
human health and the natural environment by:
Efficiently using energy,water, and other resources
• Protecting occupant health and improving employee productivity
• Reducing waste,pollution and environmental degradation
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For example, green buildings may incorporate sustainable materials in their
construction(e.g.,reused, recycled-content, or made from renewable resources);
create healthy indoor environments with minimal pollutants (e.g.,reduced product
emissions); and/or feature landscaping that is low-allergen,non-invasive and reduces
water usage(e.g., by using native plants that survive without extra watering).
A project will be scored favorably if green building practice is incorporated in
development that the projects support.
4. Affordable Housing
A housing project that provides affordable housing will be scored favorably.
Affordable housing means housing that has an Affordable Housing Cost or Affordable Rent
as described in Section 50052.5 or 50053(a) of the California Health and Safety Code, or
any successor section thereto.
5. Project Readiness
For applications that propose to support unspecified future development projects
(such as an impact fee forgiveness program),the grantee agency must require
building permits to be pulled within 24 months of the project being selected for
support under this program. If not,the award will be withdrawn, and the funds will
be rolled back into the TOD funding pool.Funds to support a development project
will not be disbursed to the grantee agency until the development is complete and
receives its certificate of occupancy.
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Scoring Criteria
I. Nexus to Transit Oriented Development(maximum 35 points)
A successful applicant will demonstrate strong nexus to transit oriented development through
TOD characteristics,such as accessibility to transit,mix uses,affordability,biking and
walking environment,etc.
II. Density(maximum 30 points)
Projects in the Fresno Clovis Metropolitan Area(FCMA)supporting development with a
residential density of 30 units per acre and above will receive a max of 30 points,20
points for projects with the density at 20-30 units,and 10 points for projects with the
density between 15-20 units.The minimum density required for projects in the FCMA is
15 units per acre.
Projects outside of the FCMA supporting development with a residential density of 20
units per acre.and above will receive a max of 30 points,20 points for projects with the
density at 15-20 units per acre,and 10 points for projects with density at 10-15 units per
acre.The minimum density required for projects outside of the FCMA is 10 units per acre.
III. Affordable Housing (maximum 10points)
i Projects that provide affordable housing will receive maximum-10-5 points.
IV. Sustainable Green Building (maximum 5 points)
Projects with sustainable green building design will receive maximum 5 points.
V. Community Support(max 10 points)
Projects that are developed through an inclusive planning process with broad private and
public partnership will receive maximum of 10 points.
VI. Subjective Evaluation (10 points)
The scoring committee may use this category to consider factors of overriding concerns.
Examples may include,but are not limited to:the quality of the project,how the project
addresses issues in the community,how the project will contribute to a livable,viable and
sustainable community,economic impact,etc.
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