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Transportation Corridor Agencies ™ AGENDA Joint Strategic Planning Committee Meeting Committee Members Transportation Corridor Agencies Offices Peggy Huang – Chair www.thetollroads.com Patricia Kelley – Vice Chair Thursday, March 26, 2020 Lisa Bartlett 9:00 a.m. – 10:30 a.m. Lucille Kring . Joseph L. Muller Mike Munzing Mark Murphy Will O’Neill Christina Shea AGENDA DESCRIPTIONS In compliance with the Americans with Disabilities Act, if you require special accommodation for this meeting, you should notify the Clerk of the Board 24 hours prior to the meeting at (949) 754-3402 or by email to [email protected]. The agenda descriptions are intended to give notice to members of the public of a general summary of items of business to be transacted or discussed. The listed action represents staff's recommendation. The Committee may take any action that it deems to be appropriate on the agenda item and is not limited in any way by the notice of the recommended action. The agenda for this meeting is posted at the TCA office and also on the Website at www.thetollroads.com. Materials distributed to the majority of the members of the TCA Board of Directors or Committee in connection with any matter subject for consideration at this meeting in open session are available for public inspection at the www.thetollroads.com. Members of the public may visit https://thetollroads.com/about/meetings-agendas to view live broadcasts of Board and Committee Meetings and may send comments for upcoming meetings by emailing [email protected]. Comments submitted before the start of Board and Committee Meetings will be part of the public record and distributed to the Board Members for their consideration. Please include the name of the Committee (Joint Environmental Committee, Joint Toll Operations Committee, Etc.), the meeting date and the item you wish to have your comment read on. I. CALL TO ORDER II. PUBLIC COMMENTS At this time, members of the public may address the Joint Strategic Planning Committee regarding any items within the subject matter jurisdiction of the Committee, but no action may be taken on off-agenda items unless authorized by law. Comments shall be limited to three (3) minutes per person and twenty (20) minutes for all comments unless the Chair, subject to the approval of the Committee, sets different time limits. Page 1 of 3

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Page 1: Joint Strategic Planning Committee Meeting · 2020-03-24 · Joint Strategic Planning Committee Meeting Committee Members ... Materials distributed to the majority of the members

Transportation Corridor Agencies ™ AGENDA Joint Strategic Planning Committee Meeting

Committee Members Transportation Corridor Agencies Offices Peggy Huang – Chair www.thetollroads.com Patricia Kelley – Vice Chair Thursday, March 26, 2020 Lisa Bartlett 9:00 a.m. – 10:30 a.m. Lucille Kring . Joseph L. Muller Mike Munzing Mark Murphy Will O’Neill Christina Shea

AGENDA DESCRIPTIONS

In compliance with the Americans with Disabilities Act, if you require special accommodation for this meeting, you should notify the Clerk of the Board 24 hours prior to the meeting at (949) 754-3402 or by email to [email protected].

The agenda descriptions are intended to give notice to members of the public of a general summary of items of business to be transacted or discussed. The listed action represents staff's recommendation. The Committee may take any action that it deems to be appropriate on the agenda item and is not limited in any way by the notice of the recommended action.

The agenda for this meeting is posted at the TCA office and also on the Website at www.thetollroads.com. Materials distributed to the majority of the members of the TCA Board of Directors or Committee in connection with any matter subject for consideration at this meeting in open session are available for public inspection at the www.thetollroads.com.

Members of the public may visit https://thetollroads.com/about/meetings-agendas to view live broadcasts of Board and Committee Meetings and may send comments for upcoming meetings by emailing [email protected]. Comments submitted before the start of Board and Committee Meetings will be part of the public record and distributed to the Board Members for their consideration. Please include the name of the Committee (Joint Environmental Committee, Joint Toll Operations Committee, Etc.), the meeting date and the item you wish to have your comment read on.

I. CALL TO ORDER

II. PUBLIC COMMENTS

At this time, members of the public may address the Joint Strategic Planning Committee regarding any items within the subject matter jurisdiction of the Committee, but no action may be taken on off-agenda items unless authorized by law. Comments shall be limited to three (3) minutes per person and twenty (20) minutes for all comments unless the Chair, subject to the approval of the Committee, sets different time limits.

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Transportation Corridor Agencies ™ AGENDA Joint Strategic Planning Committee Meeting

III. COMMITTEE BUSINESS (Items A)

A. Strategic Planning Support Services On-Call Bench Selection (Mike Chesney, Chief Strategy Officer)

The Agencies’ utilize Strategic Planning Support Services for various tasks including preparation of long-range and near-term vision planning, capital improvement strategic planning, environmental and state regulatory stakeholders outreach strategic support, and landowners, developers, and land use strategic planning. A request for proposal was issued on January 27, 2020, to solicit proposals from contractors interested in providing these services to the Agencies. The selection of the recommended contractors will be presented to the Joint Strategic Planning Committee to seek approval by the Committee to present this item for consideration to the San Joaquin Hills Transportation Corridor Agency and Foothill/Eastern Transportation Corridor Agency Boards of Directors at the May 14, 2020 meeting.

Recommendation: Staff is seeking Committee approval to present this item for consideration to the San Joaquin Hills Transportation Corridor Agency and Foothill/Eastern Transportation Corridor Agency Boards of Directors for approval at the May 14, 2020 meeting.

Attachment: Draft Staff Report

B. Temporary COVID-19 (Coronavirus) Public Meeting Policy (Michael Kraman, Chief Executive Officer)

The Agencies’ public meeting procedures and processes are governed by Appendix B of the Agency Administrative Code Procedures for Board Meeting Best Practices and Procedures. As a result of the current COVID-19 (Coronavirus) situation, the Governor of the State of California’s Executive Order N-25-20 (Paragraph No. 11) and N-29-20 (Paragraph No 3), and the Orange County Health Officer’s Order, TCA has developed a temporary public meeting policy specific to conducting and managing public meetings including Joint Board of Directors Meetings and Standing Committee Meetings.

This temporary policy will remain in effect for the time period covered by the above-referenced Executive Orders and amendments, or until such time that the COVID-19 situation has stabilized and the Governor of the State of California and the Orange County Health Officer issue revised orders and guidelines..

Recommendation: Staff is seeking Committee approval to present this item for consideration to the San Joaquin Hills Transportation Corridor Agency and Foothill/Eastern Transportation Corridor Agency Boards of Directors for approval at the May April 9, 2020 meeting.

Attachment: Draft Staff Report

C. Procedural Rules of Order (Michael Kraman, Chief Executive Officer)

The Agencies’ Procedural Rules of Order will be discussed to assess potential changes to accommodate certain common situations that occur at Board and Committee Meetings. Staff

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Transportation Corridor Agencies ™ AGENDA Joint Strategic Planning Committee Meeting

will present to the Committee discussion points regarding these common situations to determine whether these items need to be documented specifically within Appendix B of the Agency Administrative Code Procedures for Board Meeting Best Practices and Procedures.

Recommendation: Information Only

IV. ADJOURNMENT

The next regular meeting of the Joint Strategic Planning Committee will be held on Thursday, May 28, 2020 at 9:00 a.m., www.thetollroads.com.

To assist you in your compliance with CA Government Code 84308 relating to receipt of contributions, please be advised that at this meeting, staff will be reviewing and/or discussing the following contractors:

Item A – Strategic Planning Support Services On-Call Bench Selection

• Curt Pringle and Associates (Prime Consultant) o Dakota Enterprises, LLC (Sub Consultant)

• Latimer Associates (Prime Consultant)

• Dynamic Strategy Group (Prime Consultant)

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Transportation Corridor Agencies ·

SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY AGENDA ITEM #: 00

FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY

BOARDS OF DIRECTORS (DATE OF BOARD MEETING)

FILE NUMBER: 2020J-029

STRATEGIC PLANNING ON-CALL BENCH

RECOMMENDATION

San Joaquin Hills Transportation Corridor Agency Recommendation:

Approve the selection of Curt Pringle and Associates, Latimer Partners, LLC., and Dynamic Strategy Group, as the benched contractors prequalified to provide On-Call Strategic Planning Support Services.

Authorize the Chief Executive Officer (CEO) to enter into contracts with each of the benched contractors to provide On-Call Strategic Planning Support Services for five (5) years beginning n FY21. All Task Orders issued under these contracts will be limited to the annual aggregate amount of $250,000 per fiscal year.

Foothill/Eastern Transportation Corridor Agency Recommendation:

Approve the selection of Curt Pringle and Associates, Latimer Partners, LLC., and Dynamic Strategy Group, as the benched contractors prequalified to provide On-Call Strategic Planning Support Services.

Authorize the Chief Executive Officer (CEO) to enter into contracts with each of the benched contractors to provide On-Call Strategic Planning Support Services for five (5) years beginning in FY21. All Task Orders issued under these contracts will be limited to the annual aggregate amount of $250,000 per fiscal year.

SUMMARY

The Agencies’ utilize Strategic Planning Support Services for various tasks including preparation of long-range and near-term vision planning, capital improvement strategic planning, environmental and state regulatory stakeholders outreach strategic support, and landowners, developers, and land use strategic planning.

A request for proposal was issued on January 27, 2020, to solicit proposals from contractors interested in providing these services to the Agencies. The results of the procurement process are included in this report. No work is authorized as part of this report. Any specific task orders to be performed will be brought to the appropriate Board (or Boards) in the future for authorization.

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FILE NUMBER: 2020J-029

BUDGET

Staff is requesting contract authorization in the aggregate amount of:

• $250,000 for the San Joaquin Hills Transportation Corridor Agency • $250,000 for the Foothill/Eastern Transportation Corridor Agency

for a total combined aggregate amount of $500,000.

This total combined aggregate amount will be budgeted in the FY21 budget and all subsequent fiscal year budgets for the duration of the contract of five (5) years.

All Task Orders will be awarded against this aggregate amount to the benched contractors prequalified to provide On-Call Strategic Planning Support Services.

San Joaquin Hills: $250,000 Foothill/Eastern: $250,000 Total Aggregate Amount $500,000

The benched contractors prequalified to provide On-Call Strategic Planning Support Services are:

• Contractor No. 01: Curt Pringle and Associates

o Subcontractor No. 01: Dakota Enterprises, LLC

• Contractor No. 02: Latimer Partners, LLC

• Contractor No. 03: Dynamic Strategy Group

BACKGROUND

Over the next five years, the Agency anticipates requiring an array of strategic planning support, outreach, and staff augmentation services that will require the assistance of strategic planning support contractors. These services include:

• Long-Range and Short-Term Strategic Planning • Capital Improvement Strategic Planning Support • Environmental Stakeholders Strategic Planning Support • State Regulatory Stakeholders Strategic Planning Support • Land Use and Development Strategic Planning Support

Staff anticipates drawing from the contracted list of pre-qualified On-Call Strategic Planning Support Services contractors to provide these services and will be developing and issuing task orders for work, each of which will be authorized according to the Agency’s Contracts and Procurement Manual

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FILE NUMBER: 2020J-029

DISCUSSION

To meet the Agency’s needs for strategic planning support, outreach, and staff augmentation services, engineering design consulting services, a request for proposal was issued on January 27, 2020, to solicit proposals from contractors interested in providing these services to the Agencies. This request for proposal was issued on the Agency’s Planet Bids electronic procurement system, and three (3) firms submitted responsive proposals. The number of firms to be included on the Strategic Planning Services On-Call Bench list was at the discretion of the Agency, but it was anticipated that a minimum of three firms would be selected.

The three proposals were evaluated by a three-person committee consisting of Agency staff. The evaluation criteria and resulting scores are shown on the attached Procurement Summary Report. From the proposal evaluation, the three ranked firms were selected to attend an in-person interview with the selection committee at which they presented an oral presentation of their proposal and qualifications.

The Agency established the final ranking of the interviewed firms, which served as the basis for determining which qualified for inclusion on the Strategic Planning Services On-Call Bench list of firms. The three ranked firms were selected as best suited to provide Strategic Planning Services to the Agency. The final ranking and scores are shown in the table below

CONTRACTOR NAME FINAL RANK

Curt Pringle and Associates 1

Latimer Partners, LLC 2

Dynamic Strategy Group 3

Firms recommended for the Strategic Planning Support Services On-Call Bench

Curt Pringle and Associates (CPA) is a professional services firm providing long-range and near-term strategic planning, outreach, and policy development guidance with key individuals experienced with TCA and the Agencies’ strategic initiatives as it relates to TCA’s goals and objectives. CPA maintains a good, clear understanding of TCA’s needs that are realistic and practical, and their approach and methodology are centered around consensus and education.

Latimer Partners, LLC (LP) is a professional services firm providing State regulatory coordination experience as well as knowledge and relationships with State Regulatory Agency leadership in air and water quality areas. LP works to introduce and expose TCA staff to innovations that may be mutually beneficial the State regulatory agencies and TCA such as clean energy and electric vehicle technology.

Dynamic Strategy Group (DSG) is a professional services firm providing expertise in digital technology and media specifically in stakeholder engagement and brand strategy. Their approach and methodology are centered on digital technology and the ability to leverage data creatively.

CONCLUSION

Staff recommends approval of Curt Pringle and Associates, Latimer Partners, LLC, and Dynamic Strategy Group as benched contractors pre-qualified to provide On-Call Strategic Planning Support Services.

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___________________________________

____________________________________

FILE NUMBER: 2020J-029

Staff also recommends authorization for the CEO to execute a contract with Curt Pringle and Associates, Latimer Partners, LLC, and Dynamic Strategy Group as benched contractors pre-qualified to provide On-Call Strategic Planning Support Services for a contract term of five (5) years.

Report Written By: Mike Chesney, P.E., Chief Strategy Officer

REVIEWED BY:

Mike Chesney, P.E., Chief Strategy Officer (949) 754-3428

APPROVED BY:

Michael A. Kraman, Chief Executive Officer

Attachment(s)

PSR – Final K001311 On-Call Strategic Planning Support Services

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PROCUREMENT SUMMARY REPORT

File No.: 2020J-029

RFP No.: K001311Title: On-Call Strategic Planning Support Services

Recommend Award To: Curt Pringle and Associates (Anaheim, CA)Dynamic Strategy Group (Lake Forest, CA) Latimer Partners (Santa Monica, CA)

Procurement Process Type: Request for Proposals

Award Criteria: Best Qualified Aggregate Amount: Not-to-Exceed $500,000

Contingency: N/A

VENDOR SOURCING: The Agencies’ Contracts Department posted RFP K001311 on the Agencies’ PlanetBids e-procurement system and received three responsive proposals.

EVALUATION CRITERIA:

EVALUATION CRITERIA Weighted Value

Commitment to the project, education, experience, demonstrated competence, and any specialized experience of key personnel

Education, experience, and any special credentials of the key personnel including specific experience in providing required services

Clear and accurate demonstration of past performance and highlighting of any specialized experience that will benefit the Agency

30

Capabilities, workload and ability to meet schedules

Qualifications, experience and availability of key personnel 10

Approach and methodology

Clear understanding of Agency’s needs and requirements, specific identification of detailed approach and methodology to achieve completion of the required scope of work

30

Nature and quality of completed work for other clients

Overall quality of work plan and demonstrated results of similar or equal work efforts anticipated by this scope of work

References

20

Ease of Administration and oversightQuality Assurance/Quality Control

Ease of administering of work, ease of oversight of assignments and tasks, clear development and application of quality assurance and quality control

10

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EVALUATION CRITERIA Weighted Value

Understanding of application of quality measures from initial work efforts, meetings, deliverables, and invoicing

Total: 100

FINAL EVALUATION – RANKING RESULTS1:

FIRM RANKING EVALUATOR RANKING TOTALS

Curt Pringle and Associates 1 3

Dynamic Strategy Group 3 9

Latimer Partners 2 61Rankings based on final evaluation after oral presentations.

PRESENTATION EVALUATION – EVALUATOR SCORING AND RANKINGS:

CONSULTANT Curt

Pringle and Associates

Dynamic StrategyGroup

Latimer Partners

Evaluator 1 Score 95 82 92

Ranking 1 3 2

Evaluator 2 Score 93 82 88

Ranking 1 3 2

Evaluator 3 Score 91 83 88

Ranking 1 3 2

Sum of Rankings 3 9 6

Overall Ranking 1 3 2

PROPOSAL EVALUATION – RANKING RESULTS:

CONSULTANT RANK EVALUATOR

RANKING TOTALS

Curt Pringle and Associates Anaheim, CA

• Dakota Enterprises, LLC 1 3

Dynamic Strategy Group Lake Forest, CA 3 9

Latimer Partners Santa Monica, CA 2 6

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PROPOSAL EVALUATION – EVALUATOR SCORING AND RANKINGS:

CONSULTANT Curt

Pringle and Associates

Dynamic StrategyGroup

Latimer Partners

Evaluator 1 Score 94 79 91

Ranking 1 3 2

Evaluator 2 Score 91 73 81

Ranking 1 3 2

Evaluator 3 Score 90 50 83

Ranking 1 3 2

Sum of Rankings 3 9 6

Overall Ranking 1 3 2

Evaluation Committee – Three Members

Strategy (1) Executive Team (1) External Affairs (1)

Contract Notes: • Contract term: Five years with no year options. • A zero-value contract will be issued to each firm. Specific task orders for services will be issued on an

as-needed basis. • This Contract contains indemnification language reviewed and approved by TCA’s general counsel.

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Transportation Corridor Agencies ·

SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY AGENDA ITEM #: 00

FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY

BOARDS OF DIRECTORS (DATE OF BOARD MEETING)

FILE NUMBER: 2020J-037

TEMPORARY COVID-19 PUBLIC MEETING POLICY

RECOMMENDATION

San Joaquin Hills Transportation Corridor Agency Recommendation:

Approve the Temporary COVID-19 Public Meeting Policy for SJHTCA Board and Standing Committee Meetings.

Foothill/Eastern Transportation Corridor Agency Recommendation:

Approve the Temporary COVID-19 Public Meeting Policy for F/ETCA Board and Standing Committee Meetings.

SUMMARY

The Agencies’ public meeting procedures and processes are governed by Appendix B of the Agency Administrative Code Procedures for Board Meeting Best Practices and Procedures. As a result of the current COVID-19 (Coronavirus) situation, the Governor of the State of California’s Executive Order N-25-20 (Paragraph No. 11) and N-29-20 (Paragraph No. 3), and the Orange County Health Officer’s Order, TCA has developed a temporary public meeting policy specific to conducting and managing public meetings including Joint Board of Directors Meetings and Standing Committee Meetings.

This temporary policy will remain in effect for the time period covered by the above-referenced Executive Orders and amendments, or until such time that the COVID-19 situation has stabilized and the Governor of the State of California and the Orange County Health Officer issue revised orders and guidelines.

BUDGET

No budget or contract authorization is being requested as part of this report.

San Joaquin Hills: $0

Foothill/Eastern: $0

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FILE NUMBER: 2020J-037

BACKGROUND

The COVID-19 (Coronavirus) pandemic and the resulting impact on public agencies has been a dynamic and fluid situation requiring public agencies to modify and adjust procedures and processes regarding public meetings. In an effort to reduce the physical density of the number of individuals attending and participating in the Agencies’ public meetings, temporary policy specific to conducting and managing public meetings including Joint Board of Directors Meetings and Standing Committee Meetings has been developed separately as “Temporary COVID-19 Public Meeting Policy” which is an interim set of directives for Board and Standing Committee Meetings Best Practices and Procedures. A copy of the Transportation Corridor Agencies’ Temporary COVID-19 Public Meeting Policy is attached.

In order to continue the business of the Agencies, some of the options that will be implemented to help facilitate public meetings while making concerted efforts to protect the health and safety of individuals most vulnerable to COVID-19 include:

• Maintain providing on-going public participation in public meetings • Utilize teleconference calls • Utilize internet-based virtual meetings • Minimize the number of individuals required at the Agencies’ offices to conduct the public

meetings • Facilitate other on-line collaborative meeting and communication options

These all intend to leverage technology and remote work options to allow ongoing business and communications while protecting the public, the Board Members, and Agency staff.

DISCUSSION

For the duration of the COVID-19 situation, the Agencies anticipate conducting public meetings in a modified manner to adhere to local, state, and federal guidelines and orders to protect the health and safety of individuals most vulnerable to COVID-19. The Agencies will be actively reducing the physical participant density at the Joint Board of Directors Meetings and Standing Committee Meetings by offering options such as teleconferencing and internet-based virtual meetings.

Staff anticipates implementing this temporary policy specific to conducting and managing public meetings including Joint Board of Directors Meetings and Standing Committee Meetings immediately. Staff will continue to monitor and assess current COVID-19 developments and will be ready to make further modifications and recommendations as required.

This temporary policy will remain in effect until the COVID-19 situation has stabilized and the Governor of the State of California and the Orange County Health Officer issue revised orders and guidelines. If additional orders and guidelines are issued, TCA will review and assess the “Temporary COVID-19 Public Meeting Policy” and potentially revise the interim set of directives for Board and Standing Committee Meetings Best Practices and Procedures for compliance and applicability.

CONCLUSION

Staff recommends approval of the “Temporary COVID-19 Public Meeting Policy” for TCA Board and Standing Committee Meetings.

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___________________________________

____________________________________

FILE NUMBER: 2020J-037

Report Written By: Mike Chesney, P.E., Chief Strategy Officer

REVIEWED BY:

Mike Chesney, P.E., Chief Strategy Officer (949) 754-3428

APPROVED BY:

Michael A. Kraman, Chief Executive Officer

Attachment(s)

Temporary COVID-19 Public Meeting Policy Appendix B – SJHTCA and FETCA State of California – Executive Order N-25-20 State of California – Executive Order N-29-20

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Temporary COVID-19 Public Meeting Policy

On March 12, 2020 and March 18, 2020, Governor Newsom enacted Executive Orders N-25-20 and N-29-20 authorizing a local legislative body to hold public meetings via teleconferencing and make public meetings accessible telephonically or electronically to all members of the public to promote social distancing due to the state and local State of Emergency resulting from the threat of the Novel Coronavirus (COVID-19) pandemic.

In accordance with Executive Order N-29-20, and in order to ensure the safety of TCA Board Members and staff and for the purposes of limiting the risk of COVID-19, in-person public participation at public meetings of the Transportation Corridor Agencies will not be allowed during the time period covered by the above-referenced Executive Orders and amendments.

Instead, members of the public may participate remotely by visiting https://thetollroads.com/about/meetings-agendas to view live broadcasts of Board of Directors Meetings and Standing Committee Meetings.

Public comments may be submitted for upcoming Board and Committee meetings by emailing them to [email protected]. Comments submitted no later than one hour before the start of a Board or Committee meetings will read at the meeting. All comments submitted will be part of the public record and distributed to the Board or Committee Members for their consideration. Reading of Comments shall be limited to three (3) minutes (approximately 500 words) per person and twenty (20) minutes for all comments unless the Chair, subject to the approval of the Board or Committee, sets different time limits.

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EXECUTIVE DEPARTMENT STATE OF CALIFORNIA

EXECUTIVE ORDER N-25-20

WHEREASon March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and

WHEREASdespite sustained efforts, the virus remains a threat, and further efforts to control the spread of the virus to reduce and minimize the risk of infection are needed; and

WHEREASstate and loca l public health officials may, as they deem necessary in the interest of public health, issue guidance limiting or recommending limitations upon attendance at public assemblies, conferences, or other mass events, which could cause the cancellation of such gatherings through no fault or responsibility of the parties involved, thereby constituting a force majeure; and

WHEREASthe Department of Public Health is maintaining up-to-date guidance relating to COVID-19, available to the public at http://cdph.ca.gov/covidl 9; and

WHEREASthe State of California and local governments, in collaboration with the Federal government, continue sustained efforts to minimize the spread and mitigate the effects of COVID-19; and

WHEREASthere is a need to secure numerous facilities to accommodate quarantine, isolation, or medical treatment of individuals testing positive for or exposed to COVID-19; and

WHEREAS,many individuals who have developmenta l disabilities and receive services through regional centers funded by the Department of Developmental Services also have chronic medical conditions that make them more susceptible to serious symptoms of COVID-19, and it is critical that they continue to receive their services while also protecting their own health and the general public health; and

WHEREASindividuals exposed to COVID-19 may be temporarily unable to report to work due to illness caused by COVI D-19 or quarantines related to COVID-19 and individuals directly affected by COVID-19 may experience potential loss of income, health care and medical coverage, and ability to pay for housing and basic needs, thereby placing increased demands on already strained regional and local health and safety resources such as shelters and food banks; and

WHEREASin the interest of public health and safety, it is necessary to exercise my authority under the Emergency Services Act, specifically Government Code section 8572, to ensure adequate facilities exist to address the impacts of COVID-19; and

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WHEREASunder the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic.

NOW, THEREFORE, I, GAVIN NEWSOM,Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8571 and 8572, do hereby issue the following order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. All residents are to heed any orders and guidance of state and loca l public health officials, including but not limited to the imposition of social distancing measures, to control the spread of COVID-19.

2. For the period that began January 24, 2020 through the duration of this emergency, the Employment Development Department shall have the discretion to waive the one-week waiting period in Unemployment Insurance Code section 2627(b) (1) for disability insurance applicants who are unemployed and disabled as a result of the COVID-19, and who are otherwise eligible for disability insurance benefits.

3. For the period that began January 24, 2020 through the duration of this emergency, the Employment Development Department shall have the discretion to waive the one-week waiting period in Unemployment Insurance Code section 1253(d) for unemployment insurance applicants who are unemployed as a result of the COVID-19, and who are otherwise eligible for unemployment insurance benefits.

4. Notwithstanding Health and Safety Code section 1797.172(b), during the course of this emergency, the Director of the Emergency Medical Services Authority shall have the authority to implement additions to local optional scopes of practice without first consulting with a committee of local EMS medical directors named by the EMS Medica l Directors Association of California.

5. In order to quickly provide relief from interest and penalties, the provisions of the Revenue and Taxation Code that apply to the taxes and fees administered by the Department of Tax and Fee Administration, requiring the filing of a statement under penalty of perjury setting forth the facts for a claim for relief, are suspended for a period of 60 days after the date of this Order for any individuals or businesses who are unable to file a timely tax return or make a timely payment as a result of complying with a state or local public health official's imposition or recommendation of social distancing measures related to COVID-19.

6. The Franchise Tax Board , the Board of Equalization , the Department of Tax and Fee Administration, and the Office of Tax Appeals shall use their administrative powers where appropriate to provide those individuals and businesses impacted by complying with a state or local public health official's imposition or recommendation of social

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distancing measures related to COVID-19 with the extensions for filing, payment, audits, billing, notices, assessments, claims for refund, and relief from subsequent penalties and interest.

7. The Governor's Office of Emergency Services shall ensure adequate state staffing during this emergency. Consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior supervisors, are suspended. Furthermore, reinstatement and work hour limitations in Government Code sections 21220, 21224(0), and 7522.56(b), (d), (f}, and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. The Director of the California Department of Human Resources must be notified of any individual employed pursuant to these waivers.

8. The California Health and Human Services Agency and the Office of Emergency Services shall identify, and shall otherwise be prepared to make available-including through the execution of any necessary contracts or other agreements and, if necessary, through the exercise of the State's power to commandeer property- hotels and other places of temporary residence, medical facilities, and other facilities that are suitable for use as places of temporary residence or medical facilities as necessary for quarantining, isolating, or treating individuals who test positive for COVID-19 or who have had a high-risk exposure and are thought to be in the incubation period.

9. The certification and licensure requirements of California Code of Regulations, Title 17, section 1079 and Business and Professions Code section 1206.5 are suspended as to all persons who meet the requirements under the Clinical Laboratory Improvement Amendments of section 353 of the Public Health Service Act for high complexity testing and who are performing analysis of samples to test for SARS­CoY-2, the virus that causes COVID-19, in any certified public health laboratory or licensed clinical laboratory.

10.To ensure that individuals with developmental disabilities continue to receive the services and supports mandated by their individual program plans threatened by disruptions caused by COYID-19, the Director of the Department of Developmental Services may issue directives waiving any provision or requirement of the Lanterman Developmental Disabilities Services Act, the California Early Intervention Services Act, and the accompanying regulations of Title 17, Division 2 of the California Code of Regulations. A directive may delegate to the regional centers any authority granted to the Department by law where the Director believes such delegation is necessary to ensure services to individuals with developmental disabilities. The Director shall describe the need justifying the waiver granted in each directive and articulate how the waiver is necessary to protect the public health or safety from the threat of COVID-19 or necessary to ensure that services to individuals with developmental disabilities are not disrupted. Any waiver granted by a directive shall expire 30 days from the date of its issuance. The Director may grant one or more 30-day extensions if the waiver continues to be necessary

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to protect health or safety or to ensure delivery of services. The Director shall rescind a waiver once it is no longer necessary to protect public health or safety or ensure delivery of services. Any waivers and extensions granted pursuant to this paragraph shall be posted on the Department's website.

11.Notwithstanding any other provision of state or local law, including the Bagley-Keene Act or the Brown Act, a local legislative body or state body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body or state body, during the period in which state or local public officials impose or recommend measures to promote social distancing, including but not limited to limitations on public events. All requirements in both the Bagley-Keene Act and the Brown Act expressly or impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in or quorum for a public meeting are hereby waived.

In particular, any otherwise-applicable requirements that

(i) state and local bodies notice each teleconference location from which a member will be participating in a public meeting;

(ii) each teleconference location be accessible to the public; (iii) members of the public may address the body at each

teleconference conference location; (iv) state and local bodies post agendas at all teleconference

locations; (v) at least one member of the state body be physically present

at the location specified in the notice of the meeting; and (vi) during teleconference meetings, a least a quorum of the

members of the local body participate from locations within the boundaries of the territory over which the local body exercises jurisdiction

are hereby suspended, on the conditions that:

(i) each state or local body must give advance notice of each public meeting, according to the timeframe otherwise prescribed by the Bagley-Keene Act or the Brown Act, and using the means otherwise prescribed by the Bagley-Keene Act or the Brown Act, as applicable; and

(ii) consistent with the notice requirement in paragraph (i), each state or local body must notice at least one publicly accessible location from which members of the public shall have the right to observe and offer public comment at the public meeting, consistent with the public's rights of access and public comment otherwise provided for by the Bagley­Keene Act and the Brown Act, as applicable (including, but not limited to, the requirement that such rights of access and public comment be made available in a manner consistent with the Americans with Disabilities Act).

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In addition to the mandatory conditions set forth above , a ll state and local bodies are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the provisions of the Bagley-Keene Act and the Brown Act, and other applicable local laws regulating the conduct of public meetings, in order to maximize transparency and provide the public access to their meetings.

IT IS FURTHER ORDEREDthat as soon as hereafter possible, this Order be tiled in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural. enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOFI have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 12th day of Ma h 2020.

ATTEST:

ALEX PADILLA Secretary of State

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EXECUTIVE DEPARTMENT STATE OF CALIFORNIA

EXECUTIVE ORDER N-29-20

WHEREASon March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and

WHEREASdespite sustained efforts, the virus continues to spread and is impacting nearly all sectors of California; and

WHEREASthe threat of COVID-19 has resulted in serious and ongoing economic harms, in particular to some of the most vu lnerable Californians; and

WHEREAStime bound eligibility redeterminations are requ ired for Medi­cal, CalFresh, CalWORKs, Cash Assistance Program for Immigrants, California Food Assistance Program, and In Home Supportive Services beneficia ries to continue their benefits, in accordance with processes establi shed by the Department of Social Services, the Department of Health Care Services, and the Federal Government; and

WHEREASsocia l distancing recommendations or Orders as well as a statewide imperative for c ritical employees to focus on health needs may prevent Medi-Cal, CalFresh, CalWORKs, Cash Assistance Program for Immigrant s, California Food Assistance Program , and In Home Supportive Services beneficiaries from obtaining in-person eligibility redeterminations; and

WHEREASunder the provisions of Government Code sect ion 8571, I find that strict compliance w ith various statutes and regulations spec ified in this orde r wou ld prevent, hinder , or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic.

NOW, THEREFORE, I, GAVIN NEWSOM,Governor o f the State of California , in accordance with the authority vested in me by the State Constitution and statute s of the State of California, and in particular, Government Code sect ions 8567 and 8571, do hereby issue the following order to become effec tive immediately:

IT IS HEREBY ORDERED THAT:

1. As to individuals current ly eligible for benefi ts under Medi-Cal, CalFresh, CalWORKs, the Cash Assistance Program for Immigrants , the California Food Assistance Program , or In Home Supportive Services ben efits, and to the extent necessary to allow such ind ividu als to maintain eligibility for such benefits, any state law, including but not limited to California Code of Regulations, Title 22, section 50189(a) and Welfare and Institutions Code sections 18940 and 11265, that would req uire redetermination of such benefits is suspended for a period of 90 days from the date of this Order. This Ord er shall be construed to be cons isten t with applicable federal laws, including but not limited to Code of Federal Regulations, Title 42, section 435.912, subd ivision (e), as interpreted by the Centers for Medicare and Medicaid Services (in gu idan ce issued on January 30, 2018) to permit the extension of

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otherwise-applicable Medicaid time limits in emergency situations.

2. Through June 17, 2020, any month or partial month in which California Work Opportunity and Responsibility to Kids (CalWORKs) a id or services are received pursuant to Welfare and Institutions Code Section 11200 et seq. shall not be counted for purposes of the 48-month time limit set forth in Welfare an Institutions Code Section 11454. Any waiver of this time limit shall not be applied if it will exceed the federal time limits set forth in Code of Federal Regulations, Tit le 45, section 264. l .

3. Paragraph 11 of Executive Order N-25-20 (March 12, 2020) is withdrawn and superseded by the following text:

Notwithstanding any other provision of stat e or local law (including, bu t not limited to, the Bagley-Keene Act or the Brown Act), and subject to the notice and accessibility requirements set forth below, a local legislative body or state body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electr onica lly to all members of the public seeking to observe and to address the loca l legislative body or state body. All requirements in both the Bagley-Keene Act and the Brown Act expressly or impli edly requiring the physica l presence of members, the clerk or other personnel of the body, or of the publ ic as a cond ition of participation in or quorum for a public meeting are hereby waived.

In part icular, any otherwise-applicable requirements that

(i) state and local bodies notice each te leconference location from which a member will be participating in a pub lic meeting;

(ii) each te leconference location be accessible to the public;

(iii) members of the public may address the body at each teleconference conference location;

(iv) state and loca l bodi es post agendas at a ll teleconference locations;

(v) at least one member of the state body be physically pre sent at the location specified in the notice of the meeting; and

(vi) during te leco nfere nc e me etings, a least a quorum of the members of the local body participate from locations w ithin the boundaries of the territory over wh ich the loca l body exercises jurisdiction

are hereby suspended.

A local leg islative body or state body that holds a meeting via te leconferencing and al lows members of the publ ic to observe and address the meeting te lep honi ca lly or otherwise e lec tronically , consistent with the notice and accessibi lity requirements set forth be low, shall have satisfied any requirement that the body allow

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members of the public to attend the meeting and offer public comment. Such a body need not make available any physical location from which members of the public may observe the meet ing and offer public comment.

Accessibility Requirements: If a local legislative body or state body holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the body shall also:

(i) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities , consistent with the Americans with Disabilities Act and resolving any doubt whatsoever in favor of accessibility; and

(ii) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to subparagraph (ii) of the Notice Requirements below.

Notice Requirements: Except to the extent this Order expressly provides otherwise, each local legislative body and state body shall:

(i) Give advance notice of the time of , and post the agenda for, each public meeting according to the tim eframes otherwise prescribed by the Bagley -Keene Ac t or the Brown Act, and using the means otherwise prescribed by the Bagley-Keene Act or the Brown Act, as applicable; and

(ii) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comm ent. As to any instance in which there is a change in such means of public observation and comment , or any instance prior to the issuance of this Order in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of such means, a body may satisfy this requirement by advertising such means using "the most rapid means of communication available at the time" wi thin the meaning of Government Code , section 54954, subdivision (e); this shall include, but need not be limited to , posting such means on the body's Internet website.

All of the foregoing provisions con ce rning the conduct of public meetings shall apply only during the peri od in which state or local public health officials hav e imposed or recommended social distancing measures.

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All state and local bodies are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the provisions of the Bagley-Keene Act and the Brown Act, and other applicable local laws regulating the conduct of public meetings, in order to maximize transparency and provide the public access to the ir meetings.

ITIS FURTHER ORDEREDthat as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that w idespread pub licity and notice be given of this Order.

This Order is not intended to , and does not, create any rights or benefits, substantive or procedura l, enforceable at law or in equity, agains t the State of California, its agencies, departments, entit ies, officers, employees , or any othe r person.

IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this l 7th day of Marc 2020.

ATTEST:

ALEX PADILLA Secretary of State

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Temporary COVID-19 Public Meeting Policy Procedures for Board and Committee

Members and Staff

Due to the impacts of the COVID-19 pandemic and in consideration of Governor Newsom’s Executive Orders N-25-20 and N-29-20, the Transportation Corridor Agencies (TCA) will be conducting all TCA Board of Directors and Standing Committee Meetings using measures to protect public health, during the time period covered by the above-referenced Executive Orders. The specific procedures for these meetings will be as follows:

Board of Directors Meetings

The Board of Directors Meetings will be held via teleconferencing and in the Committee Room on the second floor at 125 Pacifica, Irvine, CA 92618. The agenda for the meeting will be posted at 125 Pacifica, Irvine, CA 92618 and on the TCA website www.thetollroads.com.The notice for the meeting will include legally required information regarding the fact that the meeting is being conducted through technological means.

Consistent with the provisions of Executive Order N-25-20 and N-29-20, the locations from which Board Members are participating remotely will not be open to the public, and these locations will not be specified on the agenda.

In accordance with Executive Order N-29-20, and in order to ensure the safety of TCA Board Members and staff and for the purposes of limiting the risk of COVID-19, in-person public participation at public meetings of the Transportation Corridor Agencies will not be allowed during the time period covered by the above-referenced Executive Orders.

Members of the public may participate remotely by visiting https://thetollroads.com/about/meetings-agendas to view live broadcasts of Board of Directors Meetings.

Public comments may be submitted for upcoming Board Meetings by emailing them to [email protected]. Comments submitted no later than one hour before the start of the Board Meetings will be read at the meeting. All comments submitted will be part of the public record and distributed to the Board Members for their consideration. Reading of Comments shall be limited to three (3) minutes (approximately 500 words) per person and twenty (20) minutes for all comments unless the Chair, subject to the approval of the Board, sets different time limits.

The Board of Directors Meeting will be attended in person by at least one Board Member, who shall chair the meeting, plus the Clerk of the Board, the Chief Executive Officer, the General Counsel, and other staff as needed.

Any staff member responsible for presenting an item to the Board will be present in the Board Room during presentation of the item, and the staff member will be available to answer any questions during discussion of their item. A copy of any presentation PowerPoint to be presented to the Board will be e-mailed to all Board Members in advance of the meeting and available via the WebEx app during the meeting.

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All other Board Members and staff will have the option of participating in the meeting remotely using a variety of technological means. Detailed instructions for joining the meeting will be provided to Board Members and staff in advance. Remote access options will include:

• Call-in using a teleconference access number and code while referring to an electronic or printed copy of staff’s PowerPoint presentations.

• Access a WebEx using a link that will be emailed to Board Members and staff. WebEx provides audio options directly in the WebEx app or by separately dialing in from your phone. We recommend separately dialing in from your phone. Viewing staff’s PowerPoint presentations is on your device screen from within the WebEx app.

The Chair will be assisted by a staff member to keep track of requests to speak from Board Members. When asked, Board Members will get the Chairs attention to be placed in the queue with a short “Director So & so would like to speak”. Once the Chair has established the queue for speaking on an item, they will call on the members to speak in the order that they were added to the queue. In calling on the next member to speak, the Chair will recite the next few member names still in the queue waiting to speak. Staff members will be called on by the Chair as appropriate to answer member questions. Upon completion of the initial speaking queue, the Chair will repeat the process until discussion is complete. When not speaking, participants should keep their phone on mute in order to minimize background noise. Also do not be live streaming the website audio and be on the phone as that will cause an echo.

Once discussion is complete, the Chair will ask for motions and seconds by the SJH and F/E Boards. Motions and seconds will be identified by and repeated back by the Chair. Please be courteous and calm in making motions and seconds. All voting will be done by roll call vote.

Standing Committee Meetings

The Committee Meetings will be conducted remotely through technological means. The agenda for the meeting will be posted on the TCA website www.thetollroads.com and at 125 Pacifica, Irvine, CA 92618.

Members of the public may participate remotely by visiting https://thetollroads.com/about/meetings-agendas to view live broadcasts of Board of Directors and Standing Committee Meetings. The live broadcasts will include both an audio feed and the ability to view any PowerPoint that is presented to the Committee. The Public may send comments for upcoming meetings by emailing [email protected]. Emails sent, no later than one hour prior to the meeting will be read at the meeting. Comments should be limited to no more than 500 words.

All Committee Members and TCA staff will be participating in the meeting remotely using WebEx, or a similar virtual internet-based meeting platform, which will include both an audio feed and the ability to view any PowerPoint that is presented to the Committee. Detailed instructions for joining the meeting will be provided to Committee Members in advance.

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A copy of any PowerPoint visual aids to be presented to the Committee will be e-mailed to all Board Members in advance of the meeting, so they will have it as an additional reference during the meeting. PowerPoints visual aids will displayed be broadcast live as well as live audio

The notice for the meeting will include legally required information regarding the fact that the meeting is being conducted by teleconference.

Ad Hoc Committee Meetings

As a reminder, meetings of Ad Hoc Committees are not open to the public. These meetings will be held telephonically as well, and all Committee Members will be notified in advance of the procedures to be followed for each meeting.

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APPENDIX B TO THE AGENCY ADMINISTRATIVE CODE

PROCEDURES FOR BOARD MEETING BEST PRACTICES AND PROCEDURES

San Joaquin Hills Transportation Corridor Agency and Foothill/Eastern Transportation Corridor Agency

PURPOSE The purpose of this policy is to set forth rules of order and procedures relating to meetings of the San Joaquin Hills Transportation Corridor Agency (SJH) and the Foothill/Eastern Transportation Corridor Agency (F/E).

Develop updated best practices and procedures for SJH and F/E Board Meetings.

REFERENCES (1) SJH and F/E Administrative Code Section 2.4 Meetings and Appendix C

Procedures for Simultaneous Board Meetings. (2) The Brown Act. (3) Robert’s Rules of Order. (4) Rosenberg’s Rules of Order.

PROCEDURE

I. Boards of Director Meeting Preparation

A. Placing an Item on the Agenda. Matters to be placed on the agenda for any regular meeting shall be determined by the Chief Executive Officer, or his designee.

B. Placing an Item on the Agenda by a Director for regular Board Meetings. Matters may be placed on the agenda at the request of any Director, as long as said request is provided to the Clerk of the Board at least a minimum of (10) calendar days prior to the date of the meeting, and the Director making the request sits on the applicable Board.

C. Posting of the Agenda. The notice of an agenda for each regular meeting shall be prepared by the Chief Executive Officer, who shall cause copies to be transmitted electronically to Directors six (6) calendar days prior to the meeting (unless otherwise requested by a Director), and posted in accordance with applicable law.

Administrative Code/Appendix B November 14, 2019

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D. Agenda Posting Locations. A copy of the Agencies Agenda shall be posted (1) on the outdoor bulletin board at Transportation Corridor Agencies (TCA), 125 Pacifica, Irvine, California 92618, (2) in the Board Room located on the second floor at TCA, and (3) on the TCA website.

E. Delivery and Distribution of Agenda Packets. The TCA’s Agenda packets are prepared by the Clerk of the Board. Barring unavoidable difficulties or holidays, the Agenda packets will be distributed to members of the Boards the Friday evening preceding the Thursday Board Meeting.

F. Backup Material for Agenda Items. Each Agenda item shall be composed of the Agencies Staff Report and all backup material needed for the Board or Boards to take an action.

II. Boards of Directors Meeting Order of Business

A. Order of Business. Unless otherwise modified, the order of business for regular meetings of the Agencies shall be:

Invocation Pledge of Allegiance Roll Call Special Calendar Public Comments San Joaquin Hills – Consent Calendar Foothill/Eastern – Consent Calendar Board Business Public Comments -Continued Part 2 – (If Needed) Chief Executive Officer’ Report Director’s Report and New Business Closed Session Adjournment

Administrative Code/Appendix B November 14, 2019

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III. Board of Directors Meeting Process and General Policies

A. Reordering Agenda Items. The Chair may reorder items on the Agenda to accommodate the public or to address other concerns.

B. Minutes. The written minutes shall be submitted for approval and/or correction on the Consent Calendar at a subsequent regular Boards Meeting. The purpose of the Meeting Minutes shall be to record the action taken by the Boards and the reason for a Director’s vote if requested. To the extent the information is provided, the written Minutes shall also include a record of all persons addressing the Agencies by name, city of residence, and subject or position. The recorded video of the meeting shall be the official Minutes of the meeting. The minutes, once approved, are the official record, but in the event of any inconsistency between a set of minutes proposed for approval and the video, the video controls.

IV. Board of Directors Meeting Rules of Order

A. Obtaining the Floor. Any Director wishing to speak must first obtain the floor by being recognized by the Chair. The Chair must recognize any Director who seeks the floor when that Director is appropriately entitled to do so.

B. Consent Calendar. Any Director can pull a joint item from the consent calendar. Joint Directors can pull any item on the Consent Calendar. F/E only and Joint Directors can pull any F/E consent item. SJH only and Joint Directors can pull any SJH consent items.

Board approval of the Consent Calendars are needed prior to voting for approval on each of the Consent Calendar items that has been pulled. A San Joaquin Hills (SJH) motion and a second must also be made by SJH Directors and a Foothill/Eastern (F/E) motion and a second must be made by F/E Directors for approval of the Consent Calendars. Directors will be voting for the joint consent items and the consent items pertaining to their specific board(s).

C. Board Business. The Chair will introduce the item as Joint, F/E Only or SJH Only so that members follow the correct protocol for the item.

Approval of an F/E Only or SJH Only Board Business Item. A motion and second must be made by Directors from the appropriate Board for action on F/E or SJH Only items prior to voting. Discussion of items specific to only one board shall be limited to participation

Administrative Code/Appendix B November 14, 2019

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by Directors who are a member of the specific Board to which the item applies. Directors for the Board to which the item applies will vote on the action for that F/E or SJH specific item. Directors from the non-involved Agency will not be permitted to vote.

Approval of the Joint Board Business Items. A motion and second must be made from each Board for action on Joint Items prior to voting. A F/E motion and a second must be made by F/E Directors for a joint item and a SJH motion and a second must also be made by SJH Directors. Approval of the joint item requires the appropriate majority or supermajority vote of each Board as specified in the Agency’s Joint Powers Agreement (i.e. approval by the F/ETCA Board and approval by the SJHTCA Board). If the outcome of the joint item vote differs between the Boards, the Chair of the dissenting Board will introduce a motion to reconsider and reopen the discussion.

D. Closed Session. If needed, the Boards can adjourn to closed session. Closed session may be convened as a Joint Closed Session, a F/ETCA Closed Session or a SJHTCA Closed Session as appropriate.

E. Motions. The Chair or any member of the Board may call an action on any matter before the Board by making a motion. Before the motion can be considered or debated it must be seconded. Once the motion has been properly made and seconded, the Chair shall open the matter for debate offering the first opportunity to debate to the moving party and, thereafter, to any Director properly recognized by the Chair. Once the motion has been fully debated and the Chair calls for a vote, no further debate will be allowed. However, Directors may be allowed to explain their vote.

F. Voting.

(1) All Directors present are encouraged to fully participate in the discussion of a matter pertaining to a joint item or their specific board, and shall vote for or against a motion, or shall abstain unless disqualified by conflict of interest or other legal reason. At the discretion of the Chair, Directors will be voting through voice vote, roll call or electronically for the action on the item.

(2) If a Director chooses not to participate in the consideration of a matter, he or she shall leave the dais during the consideration of the matter; provided, however, that if the matter is being considered on the Consent Calendar and has not been pulled from Consent Calendar, the Director may remain on the dais and disclose the specific item and reason for not participating.

Administrative Code/Appendix B November 14, 2019

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G. Procedural Rules of Order. Once the main motion is properly placed on the floor, several related motions may be employed in addressing the main motion, and if properly made and seconded, must be disposed of before the main motion can be acted upon.

V. Public Participation in Board Meetings

A. Audience Decorum. Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening, or abusive language; clapping; whistling; stamping; blocking others’ view of the proceedings; or other acts that disturb, impede, or otherwise render the orderly conduct of the Agencies’ meeting unfeasible or raise potential safety concerns. A member of the audience engaging in such conduct shall, at the discretion of the Chair or a majority of the Directors, be subject to removal from that meeting.

B. Request to Speak Form. No person shall address the Boards without first being recognized by the Chair. Any person wishing to speak, whether during Public Comments or on an agenda item, including items on the Consent Calendar, shall first submit a Public Comment/Request to Speak form to the Clerk of the Board before the Chair calls for Public Comments or calls the particular agenda item.

C. Purpose. The purpose of addressing the Board of Directors is to communicate formally with the Directors regarding matters that relate to the Agencies business or citizen concerns within the subject matter jurisdiction of the Agencies. Persons addressing the Board of Directors during the consideration of an agenda item shall confine their remarks to the matter under consideration by the Directors. Pursuant to Government Code 54954.2(b), State law prohibits the Board of Directors from taking action on any item not listed on the Agenda unless the Board(s) makes a determination that an emergency exists or that the need to take immediate action on the item arose subsequent to the final posting of the Agenda.

D. Speaker Decorum. Each person addressing the Board of Directors shall do so in an orderly manner and shall not engage in conduct that disrupts, or otherwise impedes the orderly conduct of the Agencies meeting. Any person who so disrupts the meeting shall, at the discretion of the Chair or a majority of the Board of Directors, be subject to removal from that meeting.

Administrative Code/Appendix B November 14, 2019

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E. Time Limit. In the interest of fairness to other persons wishing to speak and to other individuals or groups having business before the Board of Directors, each individual shall be limited to three (3) minutes, unless different time limits are set by the Chair or by a motion adopted by a majority of the Board members present and voting.

F. Public Comment Placement on Agenda and Overall Time Limit. Unless otherwise modified by the Chair or a majority of the Board, Public Comment will be heard at the beginning of the meeting for one (1) hour, and after “Board Business” during “Public Comments (Continued Part 2)” if needed.

G. Speak Only Once. Each member of the public may speak only once at a Board meeting. Thus, a member of the public must choose to speak either during the Public Comment portion of a Board meeting or during a particular agenda item, but not both. If a member of the public chooses to speak during the Public Comment portion of a Board meeting, the member will be able to address any item of interest to the public that is within the subject matter jurisdiction of the legislative body, including any agenda item. Notwithstanding the above, a member of the public will be given an additional opportunity to speak if it is determined that such an opportunity is mandated by federal, state or local law, or in order to respond to a specific question from the Chair or a Director recognized by the Chair. Whether speaking during the Public Comment portion of a Board meeting or during a particular agenda item, each individual will generally be limited to a total of three (3) minutes for comment. However, the Chair may determine, in its discretion, based on the number of speakers and the need for conducting Board business, that the time period for comment should be further reduced or extended.

H. Addressing the Board of Directors. All comment and testimony are to be directed to the Chair. After being recognized by the Chair, a Director or Staff may briefly respond to statements made or questions posed by inquiries from citizens at the lectern. In addition, after being recognized by the Chair, a Director or Staff may ask a question for clarification.

I. Yielding of Time. It is understood that a person making a request to speak does so on his own behalf. For this reason and to guarantee all persons an ample opportunity to be heard, all speakers will be recognized for the same amount of time. No speaker will be allowed to yield part or all of his time to another, and no speaker will be credited with time requested but not used by another.

Administrative Code/Appendix B November 14, 2019

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J. Violation of the Rules of Decorum. Upon violation of the rules of decorum established in Items A or D above, the procedure to enforce the rules shall be as follows:

(1) Warning. The Chair shall first request that person/persons who is/are violating the rules cease such conduct. If, after receiving a request from the Chair, the person or group of persons persist in violating the rules so as to inhibit the orderly conduct of the meeting, the Chair shall order a recess. The Sergeant at Arms present at the meeting when the violation occurs shall be authorized to warn the person or group of persons that their conduct is violating the rules and that he or she is requested to cease such conduct. If upon resumption of the meeting the violation persists and renders the orderly conduct off such meeting unfeasible, the Chair shall order another recess, whereupon the Chair shall have the authority to ask the Sergeant at Arms to remove the person or group of persons from the meeting and/or to cite the person or group of persons as being in violation of Penal Code Section 403.

(2) Clearing the Room. Pursuant to Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of the individuals who are willfully interrupting the meeting, the Chair may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to Government Code Section 54957.9.

(3) Violation of the California Penal Code. A person or persons who substantially impair(s) the conduct of a Board of Directors meeting by knowingly and intentionally violating these rules of decorum may be prosecuted under Penal Code Section 403 for disturbing a public meeting. Every person who violates Penal Code Section 403 is guilty of a misdemeanor.

K. Submittal of Information by Members of the Public for Dissemination or Presentation at Public Meetings. Members of the public may submit information in hard copy form, or present information in electronic form or visual media to supplement their testimony before the Board of Directors.

(1) To ensure that staff can facilitate the use of electronic and visual media materials in a timely and efficient manner, to provide staff with sufficient time to check for viruses, broadcast quality and compatibility, and to ensure that the

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materials do not contain inappropriate content (e.g., depictions prohibited by law), the information must be submitted consistent with the parameters set forth below.

(2) All supplemental agenda related materials, including but not limited to PowerPoint presentations, videos, photographs, e-mails, writings and hard copy documents presented by members of the public prior to or at a public meeting shall become part of the public record and will be kept on file by the Clerk of the Board according to the Agencies’ document retention schedules.

(3) The deadlines noted below do not preclude members of the public from submitting agenda related information in hard copy form prior to a meeting date. The Clerk of the Board will ensure that the Directors receive a copy of the information during consideration of the item.

(4) Agency policy is to limit public testimony, whether during the Public Comment portion or during a specific agenda item, to three (3) minutes per speaker (unless extended by the Chair or by a motion adopted by a majority of the Board members present and voting) which includes the presentation of any electronic, visual information or hard copy information. Unless specifically authorized by the Chair, the utilization of visual aids shall not result in an extension of the allowable time for the speaker’s presentation, and no video display may exceed the time allowable for a single speaker.

(5) Members of the public are encouraged to arrive at the public meeting early and check in with the Clerk of the Board to finalize the details of their presentation and to complete a speaker’s card.

(6) No unauthorized laptop computers or other media devices will be connected to the Agency’s media system.

(7) Written Materials/handouts. Any member of the public who desires to submit documentation in hard copy form may do so prior to the meeting or at the time he/she addresses the Boards. Please provide twenty-seven (27) copies of the information to be submitted and file with the Clerk of the Board at the time of arrival to the meeting. This information will be disseminated to the Board of Directors at the time testimony is given.

(8) Large Displays/Maps/Renderings. Any member of the public who desires to display freestanding large displays or renderings in conjunction with their public testimony is asked to notify the Clerk of the Board no later than twenty-four (24)

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hours prior of the scheduled meeting so that an easel can be made available if necessary.

(9) Electronic Documents/Visuals: Any member of the public who desires to display information electronically in conjunction with their public testimony is asked to submit the information to the Clerk of the Board no later than twenty-four (24) hours prior to the scheduled meeting. Information must be provided on CD, DVD, memory stick, or can be emailed to [email protected] no later than twenty-four (24) hours prior to the scheduled meeting. Members of the public will be asked to provide their name, identify the meeting and, if applicable, the agenda item to be addressed, and a day time phone number. To facilitate your request, contact the Clerk of the Board at (949) 754-3402.

(10) Electronic presentations shall be limited to visual media, without pre-recorded audio narration, that augment a live verbal presentation addressed to the Board. The display of visual media shall be ancillary to, and not presented in place of, verbal narration.

(11) Agency staff will preload and queue the electronic information in the Agency’s media system and display it when the public member is called upon to speak. The Clerk of the Board will notify the person submitting the information as soon as possible prior to the meeting if the information cannot be accessed, if the version provided is incompatible with the Agency’s system, or if the content is deemed inappropriate (e.g., depictions prohibited by law).

(12) Visual presentations must be provided to the Clerk of the Board in a display-ready format. In no case shall staff be required to develop a presentation for public use. This prohibition includes, but is not limited to, compiling of Agency records, downloading data from websites, or gathering or modifying data provided by the public.

(13) Nothing in this Policy is intended to warrant or otherwise guarantee that electronic presentation will successfully display at a Board meeting. Members of the public are urged to have hard copies of their presentations available at Board meetings in the event a media system malfunction occurs.

(14) Consent and Authorization: If a child is depicted in a presentation, evidence of consent will need to be provided from the parent or guardian of each child depicted. The evidence of consent should allow Staff to correlate the consent with each child depicted. For example, if only one child is depicted on a photograph

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or slide, this correlation can be accomplished by identifying the photograph or slide. If multiple children are depicted on a photograph or slide, this correlation can be accomplished by identifying the photograph or slide and a particular item of clothing or the child’s position in the photograph or slide. The consent should also include a written authorization for the transmission and dissemination of the child’s image as a result of individuals viewing the image at the Board meeting, via live stream of the Board meeting, inclusion of the image as part of the public record and therefore subject to disclosure to any third party upon request, inclusion of the image in the video recording of the Board meeting that will be posted to the TCA’s publicly available website, and/or any other lawful purpose. This authorization can be accomplished by having the parent or guardian state the following: “I hereby consent and authorize the transmission and dissemination of my child’s image to the public for any legal purpose, including as a result of individuals viewing the image at the Board meeting, via live stream of the Board meeting, inclusion of the image as part of the public record and therefore subject to disclosure to any third party upon request, and/or inclusion of the image in the video recording of the Board meeting that will be posted to the TCA’s publicly available website.”

VI. Board of Directors Powers

A. Role of the Chair.

(1) The Chair shall, if present, preside at all meetings of the Board and shall exercise and perform such other powers and duties as may from time to time be assigned to him/her by the Board or as prescribed herein.

(2) Meeting Chair will alternate monthly between F/ETCA and SJHTCA.

(3) All comments should be directed to the Chair. Cross talk between Directors should be ruled out of order by the Chair.

B. Role of the Vice-Chair.

(1) The Vice Chair shall perform the duties of the Chair in his/her absence and, when so acting, shall have all the powers of and be subject to all the restrictions enacted upon the Chair and shall exercise and perform such other powers and duties as may from time to time be assigned his/her by the Board.

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C. Role of the Chair Pro Tempore.

(1) In the event of the absence, or inability to act, of the Chair and Vice Chair, the Board Members present at any meeting of the Board, by resolution entered in the minutes, shall select one of their members to act as Chair Pro Tempore, who, while so acting, shall have all of the authority of the Chair.

VII. Boards of Directors Authority.

The Boards of Directors shall have the authority to waive provisions of the procedures established by this policy unless the procedure is required by State or Federal Law. Failure of the Director to follow these procedures shall not invalidate or otherwise affect any action of the Board.

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