Orange County Transportation Authority

Board Agenda

Monday, June 12, 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

Ryan Chamberlain, Ex-Officio

Teleconference Site:

Embassy Suites by Hilton Riverfront Sacramento

100 Capitol Mall, Sacramento, CA 95814

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

www.octa.net or through the Clerk of the Board’s office at the OCTA Headquarters, 600 South

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

and Committee meetings by clicking this link: https://octa.legistar.com/Calendar.aspx

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 Diaz

Closed Session

There are no Closed Sessions scheduled.

Special Calendar

Orange County Transportation Authority Special Calendar Matters

Public Hearing on Orange County Transportation Authority’s Fiscal Year 2023-24

Budget and Personnel and Salary Resolution

Victor Velasquez/Andrew Oftelie

The Orange County Transportation Authority Fiscal Year 2023-24 Budget presents a

balanced plan of sources and uses of funds while providing for the current and future

transportation needs of Orange County. The Board of Directors may approve the Orange

County Transportation Authority Fiscal Year 2023-24 Budget following the public hearing to

be held at the Board of Directors’ meeting on June 12, 2023, at the following Board of

Directors’ meeting on June 26, 2023, or in a special meeting convened at their discretion,

on or before June 30, 2023. The Board of Directors are also asked to approve the

Personnel and Salary Resolution as part of the budget approval process.

Approve by resolution the Orange County Transportation Authority’s Fiscal Year

2023-24 Budget.

Approve the Personnel and Salary Resolution for fiscal year 2023-24.

Authorize the Chief Executive Officer, or his designee, to negotiate and execute the

software and hardware licensing, maintenance, and emergency support purchase

orders and/or agreements.

Approve fiscal year 2023-24 Orange County Transportation Authority member

agency contribution to the Southern California Regional Rail Authority, operating

subsidy, in an amount up to $50,750,849, including authorization of federal funding

to be drawn down directly by the Southern California Regional Rail Authority, in an

amount up to $9,534,777. In addition, approve the capital and rehabilitation

expenditure budget contingent upon all member agencies’ approval of their

respective capital and rehabilitation budgets. The Orange County Transportation

Authority’s portion of the costs for capital is $4,129,290 and $25,543,735 for

rehabilitation.

Also, authorize a working capital reserve contribution of up to

$7,150,000 to facilitate the funding of capital expenditures and lessen the necessity

of using operating funds to front capital expenditures.

Attachments:

Consent Calendar (Items 2 through 20)

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

Approval of Minutes

Recommendation

Approve the minutes of the May 22, 2023 Orange County Transportation Authority and

affiliated agencies' regular meeting.

Attachments:

Minutes

Amendment

the

91 Express

Lanes

Riverside

County

Transportation

Commission / Orange County Transportation Authority Facility Agreement

Kirk Avila

Overview

The 91 Express Lanes Riverside County Transportation Commission/Orange County

Transportation Authority Facility Agreement prescribes the funding transfers between the

two agencies for costs incurred for the rent and any shared operational expenses in

relation to the 91 Express Lanes. An amendment is needed to account for the

reimbursement of shared operating costs incurred by the Riverside County Transportation

Commission for the period July 1, 2023 through June 30, 2024.

Recommendation

Authorize the Chief Executive Officer to negotiate and execute Amendment No. 8 to

Agreement No. C-5-3828 between the Orange County Transportation Authority and

Riverside County Transportation Commission, in the amount of $1,452,388, for the

reimbursement of shared operational expenses through June 30, 2024.

Attachments:

Agreement for Security Officer Services

Matt Ankley/Jennifer L. Bergener

Overview

On November 14, 2022, the Board of Directors approved the release of a request for

proposals for security officer services. 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 an agreement for

these services

Recommendations

Approve the selection of Inter-Con Security, Inc., as the firm to provide Security

Officer services.

Authorize the Chief Executive Officer to negotiate and execute Agreement No. C-2-

2886 between the Orange County Transportation Authority and Inter-Con Security,

Inc., in the amount of $1,092,000, to provide security officer services for a two-year

initial term with one-year option term.

Attachments:

Amendment to Cooperative Agreement with the County of Orange, Orange County

Sheriff's Department

Matt Ankley/Jennifer L. Bergener

Overview

On July 13, 2020, the Board of Directors approved a five-year agreement with the County

of Orange, Orange County Sheriff’s Department, to provide Transit Police Services. The

contract is required to be amended annually to include the necessary firm-fixed cost for

each fiscal year. Board of Directors’ approval is requested to amend the agreement to

include necessary funding for fiscal year 2023-24.

Recommendation

Authorize the Chief Executive Officer to negotiate and execute Amendment No. 4 to

Cooperative Agreement No. C-0-2330 between the Orange County Transportation

Authority and County of Orange, Orange County Sheriff’s Department, in the amount of

$11,396,565, for Transit Police Services, effective July 1, 2023, through June 30, 2024.

This will increase the maximum obligation of the agreement to a total contract value of

$44,810,826.

Attachments:

Fiscal Year 2022-23 Third Quarter Grant Reimbursement Status Report

Sam Kaur/Andrew Oftelie

Overview

The Quarterly Grant Reimbursement Status Report summarizes grant activities for the

Orange County Transportation Authority Board of Directors. This report focuses on activity

for the third quarter of fiscal year 2022-23, covering January through March 2023.

Recommendation

Receive and file as an information item.

Attachments:

Third Quarter Fiscal Year 2022-23 Procurement Status Report

Pia Veesapen/Andrew Oftelie

Overview

The third quarter procurement status report summarizes the procurement activities for

informational purposes to the Orange County Transportation Authority Board of Directors.

This report focuses on procurement activity from January 1, 2023 through March 31, 2023,

that was approved by the Board of Directors during this period. The third quarter

procurement status report also projects future procurement activity for the fourth quarter as

identified in the fiscal year 2022-23 budget.

Recommendation

Receive and file as an information item.

Attachments:

Purchase Order for Disk Storage Arrays

Josh Duke/Andrew Oftelie

Overview

On March 15, 2023, the Orange County Transportation Authority issued an invitation for

bids for disk storage arrays and accessories. The disk storage arrays are required to

operate all business software applications. Bids were received in accordance with the

Orange County Transportation Authority’s procurement procedures. The Board of

Directors’ approval is requested to execute a purchase order for disk storage arrays.

Recommendation

Authorize the Chief Executive Officer to negotiate and execute Purchase Order No.

A53853 between the Orange County Transportation Authority and vCloud Tech, Inc., in the

amount of $376,739, for disk storage arrays.

Attachments:

Transmittal

Staff Report

Amendment to Cooperative Agreement with the City of Laguna Beach for Public

Transit Services

Sam Kaur/Andrew Oftelie

Overview

On June 11, 2018, the Orange County Transportation Authority Board of Directors

approved a cooperative agreement with the City of Laguna Beach for the continued

operation of public transit services. Board of Directors’ approval is requested to amend

the cooperative agreement to provide the City of Laguna Beach with additional Federal

Transit Administration, State Transit Assistance, and SB 1 (Chapter 5, Statutes of 2017)

State of Good Repair funds.

Recommendation

Authorize the Chief Executive Officer to negotiate and execute Amendment No. 4 to

Cooperative Agreement No. C-8-1679 between the Orange County Transportation

Authority and the City of Laguna Beach, in the amount of $778,530, for the pass through of

additional Federal Transit Administration, State Transit Assistance, and SB 1 State of

Good Repair funding and to extend the expiration date for an additional six months through

December 31, 2023. This will increase the maximum obligation of the cooperative

agreement to a total contract value of $4,569,306.

Attachments:

Transmittal

Staff Report

Attachment A

10.

Resolution to Establish the Orange County Transportation Authority General Fund

Appropriations Limit for Fiscal Year 2023-24

Sam Kaur/Andrew Oftelie

Overview

The State Constitution requires that each year the governing body of each local jurisdiction

shall, by resolution, establish its appropriations limit for the following year pursuant to

Article XIIIB.

Recommendation

Adopt Orange County Transportation Authority Resolution No. 2023-026 to establish the

Orange County Transportation Authority General Fund appropriations limit at $14,628,424,

for fiscal year 2023-24.

Attachments:

11.

Orange County Transportation Authority Investment and Debt Programs Report -

March 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 March 31, 2023.

Recommendation

Receive and file as an information item.

Attachments:

Orange

Matters

County

Local

Transportation

Authority

Consent

Calendar

12.

Measure M2 Comprehensive Transportation Funding Programs Project Audits

Gabriel Tang/Janet Sutter

Overview

Audits have been completed of 11 projects funded through the Measure M2

Comprehensive Transportation Funding Programs. Based on audit procedures performed

of projects by the cities of Anaheim, Buena Park, Irvine, Mission Viejo, Laguna Hills, and

Orange, the cities complied with Comprehensive Transportation Funding Programs

guidelines and costs charged to the projects were reasonable, allocable, and adequately

supported. The Internal Audit Department made recommendations to improve controls in

relation to audits performed of projects by the County of Orange, and the cities of Costa

Mesa, Laguna Beach, and San Clemente.

Recommendations

Direct staff to implement one recommendation provided in the audit of the County of

Orange, Regional Capacity Program, La Pata Avenue Phase II, Project No. 13

ORCO-ACE-3655, Construction Phase.

Direct staff to perform follow up with the County of Orange and the cities of Costa

Mesa, Laguna Beach, and San Clemente on actions taken to address

recommendations made.

Attachments:

13.

Amendments to Cooperative Agreements with the City of Westminster and the

City of Seal Beach and Cooperative Agreement with the City of Huntington Beach

for the Interstate 405 Improvement Project

Jeff Mills/James G. Beil

Overview

On March 14, 2016, and May 9, 2016, the Orange County Transportation Authority Board

of Directors approved Cooperative Agreement No. C-5-3615 with the City of Westminster

and No. C-6-1126 with the City of Seal Beach, respectively, for city services required

during the design-build implementation of the Interstate 405 Improvement Project. The

cooperative agreements require amendments for additional city support services during

construction of the Interstate I-405 Improvement Project. Additionally, the Orange County

Transportation Authority proposes to enter into a new cooperative agreement with the City

of Huntington Beach for continued city services required during the remainder of the

design-build implementation of the Interstate 405 Improvement Project.

Recommendations

Authorize the Chief Executive Officer to negotiate and execute Amendment No. 5 to

Cooperative Agreement No. C-5-3615 between the Orange County Transportation

Authority and the City of Westminster, in the amount of $590,000, for additional city

support services during construction of the Interstate 405 Improvement Project. This

will increase the maximum obligation of the cooperative agreement to a total value

of $4,251,331.

Authorize the Chief Executive Officer to negotiate and execute Amendment No. 4 to

Cooperative Agreement No. C-6-1126 between the Orange County Transportation

Authority and the City of Seal Beach, in the amount of $200,000, for additional city

support services during construction of the Interstate 405 Improvement Project. This

will increase the maximum obligation of the cooperative agreement to a total value

of $940,600.

Authorize the Chief Executive Officer to negotiate and execute Cooperative

Agreement No. C-3-2580 between the Orange County Transportation Authority and

the City of Huntington Beach, in the amount of $200,000, for city support services

required during the remainder of construction of the Interstate 405 Improvement

Project.

Attachments:

14.

Cooperative Agreement with the California Department of Transportation for State

Route 57 Northbound Improvement Project Between Orangewood Avenue and

Katella Avenue for Right-of-Way Services

Niall Barrett/James G. Beil

Overview

The Orange County Transportation Authority proposes to enter into a cooperative

agreement with the California Department of Transportation to define roles,

responsibilities, and funding obligations for right-of-way support services, right-of-way

engineering, right-of-way acquisition, utility relocation, and legal support services for the

State Route 57 Northbound Improvement Project between Orangewood Avenue and

Katella Avenue.

Recommendations

Authorize the Chief Executive Officer to negotiate and execute Cooperative

Agreement No. C-3-2577 between the Orange County Transportation Authority and

the California Department of Transportation, in the amount of $3,294,358, to

perform right-of-way services, for the State Route 57 Northbound Improvement

Project between Orangewood Avenue and Katella Avenue.

Authorize the use of up to $1,794,358 in Measure M2 freeway funds for right-of-way

capital and right-of-way services for the State Route 57 Northbound Improvement

Project between Orangewood Avenue and Katella Avenue.

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:

Transmittal

Staff Report

Attachment A

15.

Resolution

Establish

the

Orange

County

Local

Transportation

Authority/Measure M2 Appropriations Limit for Fiscal Year 2023-24

Sam Kaur/Andrew Oftelie

Overview

The State Constitution requires that each year the governing body of each local jurisdiction

shall, by resolution, establish its appropriations limit for the following year pursuant to

Article XIIIB.

Recommendation

Adopt Orange County Local Transportation Authority/Measure M2 Resolution No.

2023-025 to establish the Orange County Local Transportation Authority/Measure M2

appropriations limit at $2,210,761,786, for fiscal year 2023-24.

Attachments:

16.

Membership Appointments for the Measure M2 Environmental Cleanup Allocation

Committee

Marissa Espino/Maggie McJilton

Overview

As part of the Measure M2 Environmental Cleanup Program, the Measure M2 Ordinance

requires

14-member Environmental Cleanup Allocation Committee to make

recommendations to the Orange County Transportation Authority Board of Directors on the

allocation of revenues for transportation-related water quality programs. The current

three-year terms for all members will expire on June 30, 2023. Eleven of the existing

committee members have expressed their desire to continue to serve, and replacements

are recommended for three open seats.

Recommendations

Approve the reappointment of current committee members serving on the Measure

M2 Environmental Cleanup Allocation Committee for an additional three-year term.

Appoint three committee members to replace outgoing members on the Measure

M2 Environmental Cleanup Allocation Committee.

Attachments:

17.

Membership

Committee

Appointments

for

the

Measure

M2 Environmental

Oversight

Marissa Espino/Maggie McJilton

Overview

The Measure M2 Ordinance requires, as part of the Measure M2 Environmental Mitigation

Program, that 12-member Environmental Oversight Committee to make

recommendations to the Orange County Transportation Authority Board of Directors on the

allocation of revenues for programmatic mitigation and to monitor implementation. The

three-year terms have expired for all members. All 12 existing committee members have

expressed a desire to continue to serve on the committee.

Recommendation

Approve the reappointment of the 12 current committee members serving on the Measure

M2 Environmental Mitigation Program Environmental Oversight Committee for an

additional three-year term beginning July 1, 2023.

Attachments:

18.

Measure M2 Environmental Mitigation Program Update

Lesley Hill/Kia Mortazavi

Overview

Measure M2 includes

program to deliver comprehensive mitigation for biological

impacts of 13 freeway projects in exchange for streamlined project approvals from state

and federal resource agencies. The Environmental Mitigation Program has acquired

conservation properties and provided habitat restoration projects funding as part of the

Natural Community Conservation Plan/Habitat Conservation Plan. A summary of recent

Environmental Mitigation Program activities is provided for information purposes.

Recommendation

Receive and file as an information item.

Attachments:

19.

Measure M2 Quarterly Progress Report for the Period of January 2023 Through

March 2023

Francesca Ching/Kia Mortazavi

Overview

Staff has prepared the Measure M2 Quarterly Progress Report for the third quarter of fiscal

year 2022-23 as information for the Orange County Transportation Authority Board of

Directors. This report highlights progress on Measure M2 projects and programs and will

be available to the public via the Orange County Transportation Authority website.

Recommendation

Receive and file as an information item.

Attachments:

Staff Report

Attachment A

20.

Comprehensive Transportation Funding Programs Semi-Annual Review

March

2023

Cynthia Morales/Kia Mortazavi

Overview

The Orange County Transportation Authority has completed the March 2023 semi-annual

review of the Comprehensive Transportation Funding Programs active projects. The

review focused on the status and delivery of Measure M2 grant-funded projects and

allowed local agencies to update project information and request modifications. Staff has

evaluated the requests, and the recommended project adjustments are presented for

Board of Directors’ review and approval.

Recommendations

Approve requested adjustments to Comprehensive Transportation Funding

Programs projects and Local Fair Share and Senior Mobility Program funds.

Amend the Comprehensive Transportation Funding Programs, Measure M2

Eligibility, and Senior Mobility Program guidelines (documented in this staff report

and attachments) to allow for requested project adjustments due to the unique

circumstances created by the coronavirus pandemic.

Attachments:

Regular Calendar

Orange

Matters

County

Local

Transportation

Authority

Regular

Calendar

21.

Update on the Railroad Track Stabilization Project in the Vicinity of Milepost 206.8

and Related Agreement and Contract Change Order

Jason Lee/James G. Beil

Overview

hillside adjacent to the Orange County Transportation Authority-owned railroad

right-of-way, in the vicinity of Mile Post 206.8 on the Orange Subdivision, failed and pushed

the railroad tracks toward the Pacific Ocean. Ongoing construction under a previous

emergency declaration to stabilize the tracks requires environmental permitting mitigation

and a construction contract change order. Staff is seeking Board of Directors’ approval of

an agreement to purchase environmental mitigation credits and a construction contract

change order required for delivery of the project.change order needed to support the

ongoing delivery of the project.

Recommendations

Authorize the Chief Executive Officer to negotiate and execute Agreement No. C-3-

2612 between the Orange County Transportation Authority and Wildlands SLR

Holdings I, LLC, in the amount of $307,500, for mitigation credits for waters of the

United States.

Authorize the Chief Executive Officer to negotiate and execute Contract Change

Order No.

to Agreement No. C-2-2884 between the Orange County

Transportation Authority and Condon Johnson & Associates, Inc., in the amount of

$2,174,626, for additional tieback strands, design support, and a temporary soil

nail wall.

Authorize the use of $307,500 in Measure M2 High-Frequency Metrolink Service

(Project R) funds for the mitigation work.

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:

22.

Adopt Resolution No. 2023-033 and Authorize the Chief Executive Officer to Take

All Necessary Actions to Address the Emergency Need for Railroad Track

Protection from a Landslide in the Vicinity of Mile Post 204.6 on the Orange

Subdivision

Jason Lee/James G. Beil

Overview

A hillside owned by the City of San Clemente at the Casa Romantica Cultural Center and

Gardens adjacent to the Orange County Transportation Authority-owned railroad

right-of-way, in the vicinity of Mile Post 204.6 on the Orange Subdivision, has failed and

continues to incrementally move. Landslide debris continues to crumble down the slope

and foul the tracks, necessitating suspension of all rail services. Measures must be taken

to protect the rail line from landslide debris so that passenger and freight rail service can

be safely restored as quickly as possible.

Recommendation

Adopt Resolution No. 2023-033 and authorize the Chief Executive Officer to take all

necessary actions to address the emergency need for railroad track protection in the

vicinity of Mile Post 204.6 on the Orange Subdivision, including working with the Southern

California Regional Rail Authority to develop and implement protective measures to safely

restore rail service as soon as possible, and return to the Board of Directors, as required,

to report on the status thereof.

Attachments:

23.

Interstate 405 Improvement Project Update

Jeff Mills/James G. Beil

Overview

The Orange County Transportation Authority is currently underway with the implementation

of the Interstate 405 Improvement Project. This report provides a project update.

Recommendation

Receive and file as an information item.

Attachments:

Transmittal

Staff Report

Presentation

Orange County Transportation Authority Regular Calendar Matters

24.

91 Express Lanes Financing Documents

Robert Davis/Andrew Oftelie

Overview

On April 24, 2023, the Orange County Transportation Authority Board of Directors directed

staff to move forward with refinancing the $71.42 million of outstanding bonds secured by

revenues generated by the 91 Express Lanes. Final approval for the refinancing of the

outstanding 91 Express Lanes Bonds and the form of the financing documents for the

proposed transaction is presented for review and approval.

Recommendation

Adopt Resolution No. 2023-027, authorizing the issuance of Orange County Transportation

Authority Senior Lien Toll Road Revenue Refunding Bonds (91 Express Lanes), Series

2023, in an aggregate principal amount not to exceed $71.42 million, and the execution

and delivery of related financing documents. The related financing documents include

forms of the Second Supplemental Indenture, Purchase Contract, Preliminary Official

Statement, and the form of the Continuing Disclosure Certificate, and taking all other

actions necessary in connection with the proposed transaction.

Attachments:

Orange County Transit District Regular Calendar Matters

25.

Consultant Selection for Construction Management Services for the Transit

Security and Operations Center Project

Nhatran Phi Do/James G. Beil

Overview

On November 14, 2022, the Orange County Transportation Authority Board of Directors

authorized the release of a request for proposals to retain a consultant to provide

construction management services for the Transit Security and Operations Center project.

Board of Directors’ approval is requested for the selection of a firm to perform the required

work.

Recommendations

Approve the selection of Anser Advisory Management, LLC, as the firm to provide

construction management services for the Transit Security and Operations Center

project.

Authorize the Chief Executive Officer to negotiate and execute Agreement No. C-2-

2643 between the Orange County Transportation Authority and Anser Advisory

Management, LLC, to provide construction management services for the Transit

Security and Operations Center project.

Attachments:

Discussion Items

26.

Update on Interstate 5/El Toro Road Interchange Project

Niall Barrett/James G. Beil

Overview

This presentation provides a status of the latest progress and upcoming milestones for the

Interstate 5/El Toro Road Interchange Project.

Attachments:

Presentation

27.

28.

Public Comments

Chief Executive Officer's Report