Orange County Transportation Authority  
Board Agenda  
Monday, November 13, 2023 at 9:00 a.m.  
550 South Main Street, Orange, California  
Board Members  
Gene Hernandez, Chairman  
Tam Nguyen, Vice Chairman  
Doug Chaffee  
Jose Diaz  
Andrew Do  
Jon Dumitru  
Jamey Federico  
Katrina Foley  
Brian Goodell  
Patrick Harper  
Michael Hennessey  
Steve Jones  
Fred Jung  
Farrah N. Khan  
Jessie Lopez  
Vicente Sarmiento  
Donald P. Wagner  
Vacant, Ex-Officio  
Teleconference Site:  
JW Marriott  
1331 Pennsylvania Ave. NW  
Washington DC  
Any person with a disability who requires a modification or accommodation in order to participate  
in this meeting should contact the Orange County Transportation Authority (OCTA) Clerk of the  
Board's office at (714) 560-5676, no less than two business days prior to this meeting to enable  
OCTA to make reasonable arrangements to assure accessibility to this meeting.  
Agenda Descriptions  
Agenda descriptions are intended to give members of the public a general summary of items of  
business to be transacted or discussed. The posting of the recommended actions does not  
indicate what action will be taken. The Committee may take any action which it deems to be  
appropriate on the agenda item and is not limited in any way by the notice of the recommended  
action.  
Public Availability of Agenda Materials  
All documents relative to the items referenced in this agenda are available for public inspection at  
Main Street, Orange, California.  
Meeting Access and Public Comments on Agenda Items  
Members of the public can either attend in-person or listen to audio live streaming of the Board  
In-Person Comment  
Members of the public may attend in-person and address the Board regarding any item. Please  
complete a speaker’s card and submit it to the Clerk of the Board (or notify the Clerk of the Board  
the item number on which you wish to speak). Speakers will be recognized by the Chairman at the  
time the agenda item is to be considered. Comments shall be limited to three minutes.  
Written Comment  
Written public comments may also be submitted by emailing them to ClerkOffice@octa.net, and  
must be sent by 5:00 p.m. the day prior to the meeting. If you wish to comment on a specific  
agenda Item, please identify the Item number in your email. All public comments that are timely  
received will be part of the public record and distributed to the Board. Public comments will be  
made available to the public upon request.  
Call to Order  
Invocation  
Director Goodell  
Pledge of Allegiance  
Director Hennessey  
Special Calendar  
1.  
Closed Session  
Overview  
A Closed Session is scheduled as follows:  
Pursuant to Government Code Section 54956.9(d) - Conference with General Counsel -  
Potential Litigation - One Matter.  
Orange County Transportation Authority Special Calendar Matters  
2.  
Public Hearing for the 2023 Orange County Congestion Management Program  
Report  
Angel Garfio/Kia Mortazavi  
Overview  
The Orange County Transportation Authority is responsible for monitoring and reporting on  
the Orange County Congestion Management Program. In accordance with state law. The  
Orange County Congestion Management Program Report has been updated for 2023 and  
all requirements have been fulfilled. A public hearing is required prior to the Board of  
Directors’ adoption of the biennial Congestion Management Program Report.  
Recommendations  
A.  
Consider public hearing comments received on the 2023 Orange County  
Congestion Management Program Report.  
B.  
C.  
Adopt the 2023 Orange County Congestion Management Program Report.  
Direct staff to forward the 2023 Orange County Congestion Management Program  
Report to the Southern California Association of Governments for a finding of  
regional consistency.  
Attachments:  
Consent Calendar (Items 3 through 23)  
All matters on the Consent Calendar are to be approved in one motion unless a Board Member or  
a member of the public requests separate action on a specific item.  
Orange County Transportation Authority Consent Calendar Matters  
3.  
Approval of Minutes  
Recommendation  
Approve the minutes of the October 23, 2023 Orange County Transportation Authority and  
affiliated agencies' regular meeting.  
Attachments:  
4.  
Fiscal Year 2023 Triennial Review  
Janet Sutter  
Overview  
The Federal Transit Administration has completed the fiscal year 2023 triennial review of  
the Orange County Transportation Authority. The purpose of the review is to evaluate  
compliance with grant requirements and management practices as they relate to the use of  
federal funds. No deficiencies were found in any of the 23 areas reviewed.  
Recommendation  
Receive and file the Fiscal Year 2023 Triennial Review as an information item.  
Attachments:  
5.  
Fiscal Year 2023-24 Internal Audit Plan, First Quarter Update  
Janet Sutter  
Overview  
The Orange County Transportation Authority Board of Directors adopted the Orange  
County Transportation Authority Internal Audit Department Fiscal Year 2023-24 Internal  
Audit Plan on July 24, 2023. This report provides an update of activities for the first quarter  
of the fiscal year.  
Recommendation  
Receive and file the first quarter update to the Orange County Transportation Authority  
Internal Audit Department Fiscal Year 2023-24 Internal Audit Plan as an information item.  
Attachments:  
6.  
Adopt Resolution Authorizing the Executive Director of Capital Programs or  
Designee to Execute Right-of-Way Certifications  
Joe Gallardo/James G. Beil  
Overview  
The Orange County Transportation Authority is currently acquiring and managing numerous  
properties required for the construction and delivery of capital improvement projects. As  
part of the acquisition and management process, the Orange County Transportation  
Authority must, by general resolution, authorize certain policies and procedures to  
implement this process in compliance with federal and state laws. The current Real  
Property Policies and Procedures Manual, dated August 2022, was approved by the  
Board of Directors with the adoption of Resolution 2022-052 on August 22, 2022. Staff is  
now requesting a separate resolution authorizing the Executive Director of Capital  
Programs or designee to execute right-of-way certifications.  
Recommendation  
Adopt Resolution No. 2023-061 authorizing the Executive Director of Capital Programs or  
designee to execute right-of-way certifications.  
Attachments:  
7.  
Fiscal Year 2022-23 Fourth Quarter Budget Status Report  
Victor Velasquez/Andrew Oftelie  
Overview  
Orange County Transportation Authority staff has implemented the fiscal year 2022-23  
budget. This report summarizes the material variances between the budget and actual  
revenues and expenses through the fourth quarter of fiscal year 2022-23.  
Recommendation  
Receive and file as an information item.  
Attachments:  
8.  
Orange County Transportation Authority Investment and Debt Programs Report -  
August 2023  
Robert Davis/Andrew Oftelie  
Overview  
The Orange County Transportation Authority has a comprehensive investment and debt  
program to fund its immediate and long-term cash flow demands. Each month, the  
Treasurer submits a report detailing investment allocation, performance, compliance,  
outstanding debt balances, and credit ratings for the Orange County Transportation  
Authority’s debt program. This report is for the month ending August 31, 2023.  
Recommendation  
Receive and file as an information item.  
Attachments:  
9.  
Orange County Transportation Authority Investment and Debt Programs Report -  
September 2023  
Robert Davis/Andrew Oftelie  
Overview  
The Orange County Transportation Authority has a comprehensive investment and debt  
program to fund its immediate and long-term cash flow demands. Each month, the  
Treasurer submits a report detailing investment allocation, performance, compliance,  
outstanding debt balances, and credit ratings for the Orange County Transportation  
Authority’s debt program. This report is for the month ending September 30, 2023.  
Recommendation  
Receive and file as an information item.  
Attachments:  
10.  
Property Insurance Policy Renewal  
Greg Bych/Maggie McJilton  
Overview  
The Orange County Transportation Authority holds a property insurance policy with Zurich  
Insurance Company. This policy is scheduled to expire on December 1, 2023, and a  
renewal is necessary to maintain coverage.  
Recommendation  
Authorize the Chief Executive Officer to negotiate and execute Purchase Order No.  
A55552, in an amount not to exceed $495,000, to Marsh Risk and Insurance Services, Inc.,  
to purchase property insurance on behalf of the Orange County Transportation Authority for  
the renewal of the coverage for the period of December 1, 2023 to June 30, 2024.  
Attachments:  
11.  
2023 Board of Directors and Chief Executive Officer Initiatives and Action Plan -  
Third Quarter Progress Report  
Darrell E. Johnson  
Overview  
On January 23, 2023, the Orange County Transportation Authority Board of Directors  
(Board) approved the 2023 Board and Chief Executive Officer Initiatives and Action Plan.  
The Action Plan consists of three Board initiatives and nine Chief Executive Officer  
initiatives to be monitored through 98 milestones throughout the calendar year. Reports  
detailing the progress on these milestones are provided on a quarterly basis for the Board  
of Directors review. This report provides a summary of progress on third quarter  
milestones from July 1, 2023, through September 30, 2023. At the conclusion of the third  
quarter, 43 of the 98 milestones have been completed.  
Recommendation  
Receive and file as an information item.  
Attachments:  
12.  
Approval to Release Request for Proposals for the Next Safe Travels Education  
Program Project  
Peter Sotherland/Kia Mortazavi  
Overview  
The Orange County Transportation Authority has developed a request for proposals to  
initiate a competitive procurement process to retain consultant services for the Next Safe  
Travels Education Program project. In collaboration with the Orange County Health Care  
Agency, the project aims to improve safe walking and biking by hosting education and  
encouragement activities and conducting infrastructure evaluation at 25 public elementary  
schools serving disadvantaged communities within Orange County.  
Recommendations  
A.  
Approve the proposed evaluation criteria and weightings for Request for Proposals  
3-2896 for selection of a consultant to deliver the Next Safe Travels Education  
Program project.  
B.  
Approve the release of Request for Proposals 3-2896 for consultant services to  
deliver the Next Safe Travels Education Program project.  
Attachments:  
Orange County Transit District Consent Calendar Matters  
13.  
Bus Operations Performance Measurements Report for the Fourth Quarter of  
Fiscal Year 2022-23  
Kim Tucker/Johnny Dunning, Jr.  
Overview  
The  
Orange  
County  
Transportation  
Authority  
operates  
fixed-route  
bus  
and  
demand-response paratransit service throughout Orange County and into neighboring  
counties. The established measures of performance for these services assess the safety,  
courtesy, reliability, and overall quality of the services. This report summarizes the  
performance of these services through the fourth quarter of fiscal year 2022-23.  
Recommendation  
Receive and file as an information item.  
Attachments:  
Orange  
Matters  
County  
Local  
Transportation  
Authority  
Consent  
Calendar  
14.  
Cooperative Agreements with the California Department of Transportation for the  
Interstate 5 Improvement Project Between State Route 73 and El Toro Road for  
Right-of-Way Capital and Support Services  
Niall Barrett/James G. Beil  
Overview  
On October 12, 2015, the Orange County Transportation Authority Board of Directors  
approved a cooperative agreement between the Orange County Transportation Authority  
and the California Department of Transportation for right-of-way support services,  
right-of-way acquisition, and utility relocation for the Interstate 5 Improvement Project  
between State Route 73 and El Toro Road. Board of Directors’ approval is requested,  
pursuant to the California Department of Transportation’s current requirement and request  
that there be a separate agreement for each project segment, to negotiate and execute  
three new cooperative agreements to replace the original cooperative agreement, and to  
include additional funding for right-of-way support services, right-of-way acquisition, and  
utility relocation.  
Recommendations  
A.  
Authorize the Chief Executive Officer to negotiate and execute Cooperative  
Agreement No. C-3-2902, between the Orange County Transportation Authority and  
the California Department of Transportation, in the amount of $53,693,000, for  
right-of-way support services, right-of-way acquisition, and utility relocation costs for  
the Interstate 5 Improvement Project between State Route 73 and Oso Parkway.  
This increases the right-of-way funding for this project segment by $16,021,000.  
B.  
C.  
Authorize the Chief Executive Officer to negotiate and execute Cooperative  
Agreement No. C-3-2950 between the Orange County Transportation Authority and  
the California Department of Transportation, in the amount of $11,305,400, for  
right-of-way support services, right-of-way acquisition, and utility relocation costs for  
the Interstate 5 Improvement Project between Oso Parkway and Alicia Parkway.  
This decreases the right-of-way funding for this project segment by $1,679,600.  
Authorize the Chief Executive Officer to negotiate and execute Cooperative  
Agreement No. C-3-2951 between the Orange County Transportation Authority and  
the California Department of Transportation, in the amount of $28,788,000, for  
right-of-way support services, right-of-way acquisition, and utility relocation costs for  
the Interstate 5 Improvement Project between Alicia Parkway and El Toro Road.  
This increases the right-of-way funding for this project segment by $1,746,000.  
D.  
E.  
Authorize the use of up to $16,087,400 in additional Measure M2 funds for the  
right-of-way phase of the Interstate 5 Improvement Project between State Route 73  
and El Toro Road.  
Authorize staff to process all necessary amendments to the Federal Transportation  
Improvement Program and execute or amend all necessary agreements to facilitate  
the above actions.  
Attachments:  
15.  
Amendment to Agreement for Additional Design Services for State Route 91  
Improvement Project Between Acacia Street and La Palma Avenue  
Jeannie Lee/James G. Beil  
Overview  
On July 13, 2020, the Orange County Transportation Authority Board of Directors  
authorized an agreement with T.Y. Lin International, for the preparation of plans,  
specifications, and estimates for the State Route 91 Improvement Project between Acacia  
Street and La Palma Avenue. An amendment to the existing agreement is required for  
additional design services.  
Recommendation  
Authorize the Chief Executive Officer to negotiate and execute Amendment No. 3 to  
Agreement No. C-0-2073 between the Orange County Transportation Authority and T.Y.  
Lin International, in the amount of $968,914, for additional design services for the State  
Route 91 Improvement Project between Acacia Street and La Palma Avenue. This will  
increase the maximum cumulative obligation of the agreement to a total contract value of  
$11,713,168.  
Attachments:  
16.  
First Quarter Fiscal Year 2023-24 Capital Action Plan Performance Metrics  
James G. Beil  
Overview  
Staff has prepared a quarterly progress report on capital project delivery covering the  
period of July 2023 through September 2023, for review by the Orange County  
Transportation Authority Board of Directors. This report highlights the Capital Action Plan  
for project delivery, which is used as a performance metric to assess delivery progress on  
highway and transit capital improvement projects.  
Recommendation  
Receive and file as an information item.  
Attachments:  
17.  
Amendment to Agreement for Additional Design Services for State Route 91  
Improvement Project Between La Palma Avenue and State Route 55  
Jeannie Lee/James G. Beil  
Overview  
On February 10, 2020, the Orange County Transportation Authority Board of Directors  
authorized an agreement with WKE, Inc., for the preparation of plans, specifications, and  
estimates for the State Route 91 Improvement Project between La Palma Avenue and  
State Route 55. An amendment to the existing agreement is required for additional design  
services.  
Recommendation  
Authorize the Chief Executive Officer to negotiate and execute Amendment No. 4 to  
Agreement No. C-9-1557 between the Orange County Transportation Authority and WKE,  
Inc., in the amount of $1,180,336, for additional design services for the State Route 91  
Improvement Project between La Palma Avenue and State Route 55. This will increase the  
maximum cumulative obligation of the agreement to a total contract value of $16,488,884.  
Attachments:  
18.  
Amendment to Agreement for Manufacturing and Delivery of Vehicles for the OC  
Streetcar Project  
Cleve Cleveland/Johnny Dunning, Jr.  
Overview  
On March 26, 2018, the Orange County Transportation Authority Board of Directors  
authorized Agreement No. C-6-1445 with Siemens Mobility, Inc. for manufacturing and  
delivery of eight streetcar vehicles, spare parts and tools, with an option to purchase up to  
ten additional streetcar vehicles and spare parts, for the OC Streetcar Project. An  
amendment to the agreement is necessary to purchase additional streetcar spare parts,  
special tools and test equipment not originally included in the base order and required due  
to specification requirements unique to the OC Streetcar design.  
Recommendation  
Authorize the Chief Executive Officer to negotiate and execute Amendment No. 7 to  
Agreement No. C-6-1445 between the Orange County Transportation Authority and  
Siemens Mobility, Inc., in the amount of $1,725,750, to purchase additional spare parts,  
special tools and test equipment. This will increase the maximum cumulative obligation of  
the agreement to a total contract value of $54,558,983.  
Attachments:  
19.  
Agreement with Grand Jurors Association of Orange County for Recruitment  
Services for Measure M2 Taxpayer Oversight Committee  
Christina Byrne/Maggie McJilton  
Overview  
The Renewed Measure M Transportation Ordinance and Investment Plan Ordinance No. 3  
calls for the establishment of a Taxpayer Oversight Committee for the purpose of  
determining whether the Orange County Local Transportation Authority is proceeding in  
accordance with what was promised to the voters. Eleven members serve staggered  
three-year terms, and each year the Grand Jurors Association of Orange County, as  
mandated by the ordinance, conducts a recruitment to replace outgoing members whose  
terms have expired. Board of Directors’ approval is requested to execute a new five-year  
agreement with the Grand Jurors Association of Orange County for Taxpayer Oversight  
Committee recruitment services.  
Recommendation  
Authorize the Chief Executive Officer to negotiate and execute sole source Agreement No.  
C-3-2908 between the Orange County Transportation Authority and the Grand Jurors  
Association of Orange County, in the amount of $50,000, for managing the annual  
Taxpayer Oversight Committee recruitment process through June 30, 2028.  
Attachments:  
20.  
Agreement for Biological Preserve Monitoring Services  
Lesley Hill/Kia Mortazavi  
Overview  
Consultant services are needed to provide biological monitoring of the conservation lands  
acquired through the Orange County Transportation Authoritys Measure M2 Environmental  
Mitigation Program. Proposals were received in accordance with the Orange County  
Transportation Authority’s procurement procedures for professional and technical services.  
Approval is requested to execute an agreement to provide these services.  
Recommendations  
A.  
Approve the selection of Glenn Lukos Associates, Inc., to provide biological  
preserve monitoring services.  
B.  
Authorize the Chief Executive Officer to negotiate and execute Agreement No. C-3-  
2700 between the Orange County Transportation Authority and Glenn Lukos  
Associates, Inc., in the amount of $500,000, to provide biological preserve  
monitoring services for a four-year term.  
Attachments:  
21.  
Agreements  
Services  
for  
Comprehensive  
Transportation  
Funding  
Programs  
Review  
Cynthia Morales/Kia Mortazavi  
Overview  
On July 5, 2023, the Orange County Transportation Authority released a request for  
proposals for comprehensive transportation funding programs review services on an  
as-needed basis. Proposals were received in accordance with the Orange County  
Transportation Authority's procurement procedures for professional and technical services.  
Board of Directors' approval is requested to execute agreements for these services.  
Recommendations  
A.  
Approve the selection of Transportation Engineering and Planning, Inc., and W.G.  
Zimmerman Engineering, Inc., as the firms to provide comprehensive transportation  
funding programs review services.  
B.  
Authorize the Chief Executive Officer to negotiate and execute Agreement No. C-3-  
2707 between the Orange County Transportation Authority and Transportation  
Engineering and Planning, Inc., in the amount of $474,000, for a three-year initial  
term with two, one-year option terms, to provide comprehensive transportation  
funding programs review services.  
C.  
Authorize the Chief Executive Officer to negotiate and execute Agreement No. C-3-  
2854 between the Orange County Transportation Authority and W.G. Zimmerman  
Engineering, Inc., in the amount of $474,000, for a three-year initial term with two,  
one-year option terms, to provide comprehensive transportation funding programs  
review services.  
Attachments:  
22.  
2024 Project  
for Projects  
V
Community-Based Transit/Circulators Program Guidelines and Call  
Adrian Salazar/Kia Mortazavi  
Overview  
The Measure M2 Community-Based Transit Circulators Program provides competitive  
funding to local jurisdictions for local transit services designed to complement regional  
transit services. Updated program guidelines for the 2024 call for projects are presented  
for review and approval. With Board of Directors approval, staff will issue the call for  
projects and return with project funding recommendations in spring 2024.  
Recommendations  
A.  
Approve proposed revisions to the Comprehensive Transportation Funding  
Programs guidelines for the Project  
Program.  
V
Community-Based Transit Circulators  
B.  
Authorize staff to issue the 2024 Measure M2 Community-Based Transit Circulators  
Program call for projects.  
Attachments:  
23.  
Amendment No. 9 to Cooperative Agreement No. C-0-1892 with the City of Irvine  
for Proposition 116 Replacement Funds  
Adriann Cardoso/Kia Mortazavi  
Overview  
In 2010, the Orange County Transportation Authority and the City of Irvine entered into an  
agreement related to Proposition 116 funds secured by the City of Irvine and used by the  
Orange County Transportation Authority for rail capital projects. A cooperative agreement  
was developed so that the Orange County Transportation Authority would pay back the City  
of Irvine for the use of the funds over a 30-year period. An amendment is recommended for  
Board of Directors’ approval to allow Orange County Transportation Authority to both to  
continue provide some iShuttle service and provide funding and transfer iShuttle vehicles  
to the City of Irvine for a new iShuttle pilot transit service.  
Recommendation  
Authorize the Chief Executive Officer or his designee to negotiate and execute  
Amendment No. 9 to Cooperative Agreement No. C-0-1892, which allows both the City of  
Irvine and the Orange County Transportation Authority to use Proposition 116 payback  
funds to support ongoing transit services in and the transfer of vehicles to the City of Irvine.  
Attachments:  
Regular Calendar  
Orange  
Matters  
County  
Local  
Transportation  
Authority  
Regular  
Calendar  
24.  
Measure M2 2023 Update: Next 10 Delivery Plan  
Francesca Ching/Kia Mortazavi  
Overview  
The Measure M2 Next 10 Delivery Plan aims to strategically deliver Measure M2 freeway,  
roadway, transit, and environmental projects. A comprehensive review of the M2 Next 10  
Delivery Plan was recently conducted to incorporate updates to the Measure M2 sales tax  
revenue forecast, external funding assumptions, and project information. As a result of this  
review, staff has prepared the 2023 update of the Measure M2 Next 10 Delivery Plan. The  
2023 update verifies the realization of Measure M2 near-term commitments through fiscal  
year 2032, maintains fiscal sustainability, and strives to deliver transportation benefits  
expeditiously to the benefit of the Orange County community. The draft update is presented  
to the Board of Directors for review and approval.  
Recommendations  
A.  
Adopt the 2023 Measure M2 Next 10 Delivery Plan.  
B.  
Direct staff to continue to work with Metrolink to develop a financially sustainable  
service plan.  
C.  
Direct staff to continue to monitor revenue and project cost shifts that could affect  
the delivery plan and return to the Board of Directors with changes if necessary.  
Attachments:  
25.  
Proposed Amendment to the Orange County Local Transportation Authority  
Measure M2 Ordinance No. 3  
Francesca Ching/Kia Mortazavi  
Overview  
The Renewed Measure M Transportation Ordinance and Investment Plan Ordinance No. 3  
requires an independent Taxpayer Oversight Committee to review annual audits and make  
a determination whether the Orange County Local Transportation Authority is proceeding  
in accordance with what was promised to the voters. In addition, it requires the Chair of the  
Taxpayer Oversight Committee to provide an annual certification of whether revenues have  
been spent in compliance with the Renewed Measure M Transportation Investment Plan.  
An amendment is being proposed to provide additional clarity to the well-established  
functions and responsibilities of the Taxpayer Oversight Committee and the Chair of the  
Taxpayer Oversight Committee.  
Recommendations  
A.  
Direct staff to set a date of January 8, 2024, for a public hearing and Board of  
Directors action to consider adoption of the amendment to the Orange County  
Local Transportation Authority Measure M2 Ordinance No.  
3
to address  
inconsistencies and interpretations of the individual responsibility of the Chair of the  
Taxpayer Oversight Committee as it relates to the annual certification that revenues  
have been spent in compliance with the Renewed Measure M Transportation  
Investment Plan.  
B.  
Direct staff to initiate the process to amend the Orange County Local Transportation  
Authority Measure M2 Ordinance No. 3 to clarify the functions and responsibilities of  
the Taxpayer Oversight Committee and the Chair of the Taxpayer Oversight  
Committee in providing annual certification that revenues have been spent in  
compliance with the Renewed Measure M Transportation Investment Plan.  
Attachments:  
Discussion Items  
26.  
27.  
28.  
Public Comments  
Chief Executive Officer's Report  
Directors’ Reports  
29.  
Adjournment  
The next regularly scheduled meeting of this Board will be held:  
9:00 a.m., on Monday, November 27, 2023  
OCTA Headquarters  
Board Room  
550 South Main Street  
Orange, California