D ON N OTTOLI P ATRICK H UME D AVID S ANDER J OHN HIDAHL S TEVE M - - PDF document

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W W W.C O N N E C T O RJP A.N E T

10640 Mather Blvd., Suite 120 ∙ Mather, CA 95655 Tel: 916.876.9094 Fax: 916.854.9304

DON NOTTOLI PATRICK HUME DAVID SANDER JOHN HIDAHL STEVE MIKLOS

Sacramento County City of Elk Grove City of Rancho Cordova El Dorado County City of Folsom

Regular Meeting of the Capital SouthEast Connector JPA Board of Directors Date: Friday, September 22, 2017, 8:30 a.m. to 10:30 a.m. Meeting City of Rancho Cordova City Hall Location: Council Chambers 2729 Prospect Park Drive Rancho Cordova, CA 95670 Members of the public may comment on any item on the agenda at the time that it is taken up by the Board. We ask that members of the public complete a speaker card which is located on the back table, submit it to the Clerk of the Board, and keep their remarks brief. If several persons wish to address the Board on a single item, the Chair may impose a time limit on individual remarks at the beginning of the discussion. AGENDA 1. Call to Order & Roll Call Directors Hidahl, Hume, Miklos, Nottoli, Sander 2. Pledge of Allegiance 3. Public Comments on Non-Agenda Items Any person wishing to address the Board on any item not on the agenda may do so at this

• time. After ten minutes of testimony, any additional testimony may be heard following the

New Business Items. Note, under the provisions of the California Government Code, the Board is prohibited from discussing or taking action on any item not on the agenda. 4. Executive Director’s Report for September 2017 (Receive and File) Consent Calendar 5. Meeting Minutes

• a. Approve Action Minutes of August 25, 2017, Regular Meeting

Capital SouthEast Connector JPA Board of Directors Regular Meeting September 22, 2017

Page 2 of 2 6. Project Activities Report for September 2017 (Receive and File) 7. Adopt Public Records Act and Records Retention Management Policies

• Resolution 2017-30
• Draft Public Records Act Policy
• Resolution 2017-31
• Draft Records Retention Management Policy

Discussion Items 8. Authorize the Executive Director to issue Notices of Decision to Appraise to affected Property Owners in Segment B2

• Resolution 2017-32
• Sample Notice of Decision to Appraise

Closed Session

• 9. Public Employee Performance Evaluation (Pursuant to Gov. Code, § 54957)

Title: Executive Director Open Session 10. Announcements or final comments from Board Members Adjourn

The Board may take action on any matter, however listed on this agenda, and whether or not listed on this agenda, to the extent permitted by applicable law. Staff Reports are subject to change without prior notice. If requested, this agenda can be made available in appropriate alternative formats to persons with disabilities, as required by Section 202 of the Americans with Disabilities Act of 1990 and the Federal Rules and Regulations adopted in implementation thereof. Persons seeking an alternative format should contact the Board Secretary for further information. A person with a disability, who requires a modification or accommodation, including auxiliary aids or services, in

• rder to participate in a public meeting, should telephone or otherwise contact the Board Secretary as soon as
• possible. The Board Secretary may be reached at 10640 Mather Blvd., Suite 120, Mather, CA 95655 or by

telephone at (916) 876-9094.

THE NEXT MEETING OF THE CAPITAL SOUTHEAST CONNECTOR JPA WILL BE HELD October 27, 2017 at 8:30 a.m. City of Rancho Cordova, Council Chambers 2729 Prospect Park Drive, Rancho Cordova CA 95670

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ITEM 4 MEETING DATE: September 22, 2017 TITLE: Executive Director’s Report for September 2017 (Receive and File) PREPARED BY: Derek Minnema FEDERAL FUNDING AND THE INFRA GRANT PACKAGE The past month I have been collecting support for the Connector’s INFRA grant

• application. Meetings have occurred with: Jim Earp, Commissioner on the California

Transportation Commission, Peter Tateishi, CEO of the Sacramento Metro Chamber, Kevin Ferreira, Manager of the Sacramento-Sierra's Building and Construction Trades Council, Roger Dickinson, Executive Director of Transportation California, California State Senator Richard Pan; staff from Congressman Tom McClintock’s office; staff from the offices of California State Senators Ted Gaines and Tom Berryhill; and Diann Rogers, CEO of the Rancho Cordova Chamber. We also have been in contact with or scheduled meetings with the California Alliance for Jobs, Caltrans, VSP Global and Greater Sacramento Economic Council. These meetings have been favorable and encouraging and I anticipate having letters of support from a broad coalition of project stakeholders when the application is submitted. LOCAL FUNDING THROUGH A POTENTIAL SALES TAX INITIATIVE The Sacramento Transportation Authority (STA) has openly discussed the potential for placing a new sales tax measure on the ballot in 2018 (dubbed “Measure A+”). The Connector project generated strong campaign contributions for Measure B, in 2016 and, despite being less than 5% of the overall expenditure plan, over 30% of the campaign contributions were directly related to Connector support. In addition, the Connector was one of only two projects to be listed in the Measure B ballot statement. Measure B narrowly failed by less than 1%. On August 28th, the California Supreme Court issued an opinion on local voter initiatives stating, “The constitutional requirement that the Legislature obtain a two- thirds vote before raising taxes is a requirement that does not apply to voters’ initiative power.” The opinion made it clear that a citizen sponsored tax initiative can be heard at a special election and requires only a simple majority vote for approval.

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Since the Court’s ruling, discussions have begun in our region regarding a potential citizens’ initiative for transportation funding being placed on a ballot in 2018, either in June or in November. An initiative would require 50% + 1 to be approved, whereas if a Measure is placed on the ballot, a two-thirds approval would be required. Given the strong support for the Connector project, we will continue working to ensure that the Connector Project is included in any transportation sales-tax expenditure plan, whether it is presented as an initiative or an agency sponsored measure. SB 1/CALIFORNIA TRANSPORTATION COMMISSION We’re continuing to track and engage in CTC SB 1 workshops on the Local Partnership, Solutions for Congested Corridors, and Trade Corridors Enhancement Programs. Staff attended a Local Partnerships workshop held in Sacramento on September 8 and will attend the upcoming workshop on September 25, for Trade Corridors and Congested Corridors. Of note is the updated Local Partnership schedule, which calls for project applications under the formulaic program by December 11, 2017, and competitive program by January 31, 2018. Our efforts related to potential state funding opportunities also have included a meeting with CTC Commissioner Jim Earp, who has offered to help facilitate a meeting later in the fall with key CTC staff. LANDOWNER MEETINGS IN ELK GROVE AND FRANKLIN An extensive landowner outreach effort has been underway in Elk Grove and Franklin in support of our project efforts along Grant Line Road and Kammerer Road. We have met with more than 15 individual owners in the past five weeks. Regarding Kammerer Road, staff anticipates that we will have an alignment ready for Board input at the October meeting. Regarding Segment B2, on the agenda today for the Board’s consideration is a request to begin the appraisal process for acquiring right

• f way.

We are making excellent progress and will have much more to report on between now and the end of the year.

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WORKING WITH OUR MEMBER AGENCIES: COMMUNICATION AND CO- LOCATING On September 6th, I presented a project overview and update to the City of Rancho Cordova Public Works Department. This was the first of a series of presentations that are planned within each jurisdiction and all levels of staff were invited. Since being named Executive Director in late May, I've aggressively been looking for

• pportunities to improve the JPA's operations. In July, we were notified that our office

lease was up for renewal and so I immediately expressed a desire to co-locate at a member agency office. Unfortunately, an opportunity has not presented itself that is

• workable. I still plan to return to the Board with recommendations on strategies for

reducing our administrative expenses and a different and less expensive office location remains a possibility. ACCOUNTING AND FINANCIALS Our Administrative Services Officer, Kari Emery-Cotner, accepted a senior accounting position at the County’s District Attorney’s office. Kari was wonderful to work with and she will be missed. Before departing Kari prepared our claim paperwork for August and the agency is in a strong financial position. We are in the process of hiring a replacement. In the meantime, a bookkeeper who is also a Certified Public Accountant is providing as-needed support to assist with our on- going audits and accounting work.

Page 1 of 5 ITEM 5 MEETING DATE: September 22, 2017 TITLE: Action Minutes of the August 25, 2017, Regular Meeting PREPARED BY: Kimberlee Marlan RECOMMENDATION Approve these Action Minutes of the August 25, 2017, Regular Meeting. ACTION MINUTES The Capital SouthEast Connector JPA Board of Directors met in regular session on August 25, 2017, in the City of Rancho Cordova City Hall Council Chambers, located at 2729 Prospect Park Drive, Rancho Cordova, CA. Call to Order: Chair Sander called the meeting to order at 8:34 a.m. Roll Call: Present: Directors Hidahl, **Hume, Miklos, *Nottoli, Sander *Director Nottoli arrived at 8:35 a.m., prior to the Executive Director’s Report **Director Hume arrived at 8:42 a.m., during Item 9 Public Comments on Non-Agenda Items Public Comment was received from Mr. Norman Hom, Interim Executive Director of Sacramento Transportation Authority (STA). Mr. Hom introduced himself and reiterated that STA is here to support the Connector project and to help advocate for this and many

• ther projects. Mr. Hom recognized that the Connector Project is just one of 55 Measure

A projects but also understands the Connectors significance and importance to the regional mobility. Item #1: Executive Director's Report The Board received the comprehensive written report submitted by Mr. Derek Minnema, the Executive Director of the Authority. Mr. Minnema provided a brief summary of the report and opened it up to the Board for comment or questions. No Public Comment was received on the Executive Director’s Report.

Page 2 of 5 *Consent Agenda Item #7, Resolution 2017-18 Adopting the Fiscal Year 2017-18 member jurisdiction contribution was pulled from the consent calendar, as it requires the unanimous approval

• f all five jurisdictions.

A motion was made by Director Miklos and seconded by Director Hidahl, and passed by unanimous vote that: THE BOARD OF DIRECTORS OF THE CAPITAL SOUTHEAST CONNECTOR JOINT POWERS AUTHORITY APPROVES THE FOLLOWING ITEMS FROM THE CONSENT AGENDA:  Item #5: Approve Meeting Minutes

• a. Approve Action Minutes of May 5, 2017, Special Closed Session Board Meeting
• b. Approve Action Minutes of May 19, 2017, Special Closed Session Board Meeting
• c. Approve Action Minutes of May 26, 2017, Regular JPA Board Meeting
• d. Approve Action Minutes of May 26, 2017, Special Closed Session Board Meeting
• e. Approve Action Minutes of June 30, 2017, Regular JPA Board Meeting

 Item #6: Project Activities Report for August 2017 (Receive and File)  Item #8: Authorize the Executive Director to enter into an Agreement with Design Workshop for Landscape/Corridor Enhancement Master Planning Services No Public Comment was received on the Consent Agenda. Discussion Items Item #9: Collaboration with CSU Sacramento College of Engineering and Computer Science on the Connector Project

• Mr. Minnema introduced the item and Dr. Kevan Shafizadeh, Associate Dean of CSU
• Sacramento. Dr. Shafizadeah provided an overview of the anticipated study and what is

to be expected. Several board members provided comment and offered to meet with students to discuss the Connector Project. A motion was made by Director Miklos and seconded by Director Hume, and passed by unanimous vote that: THE BOARD OF DIRECTORS OF THE CAPITAL SOUTHEAST CONNECTOR JOINT POWERS AUTHORITY HEREBY AUTHORIZES THE EXECUTIVE DIRECTOR TO PROCEED WITH THE

Page 3 of 5 COLLABORATION WITH CSU SACRAMENTO COLLEGE OF ENGINEERING AND COMPUTER SCIENCE ON THE CONNECTOR PROJECT. No Public Comment was received on this item. *Consent Agenda A motion was made by Director Hidahl and seconded by Director Hume, and passed by unanimous vote that: THE BOARD OF DIRECTORS OF THE CAPITAL SOUTHEAST CONNECTOR JOINT POWERS AUTHORITY APPROVES THE FOLLOWING ITEMS FROM THE CONSENT AGENDA: TO ADOPT THE SCHEDULE FOR MEMBER JURIDICTION CONTRIBUTIONS FOR FISCAL YEARS 2017-18, 2018-19, and 2019-20. No Public Comment was received on this item. Discussion Items Item #10: Update on Federal and State funding opportunities and advocacy efforts for the Connector Project.

• Mr. Minnema introduced the item and provided a brief summary which included the option
• f submitting a federal Infrastructure for Rebuilding America grant application and to

engage in the SB 1 implementation processes with the intent of pursuing funding through programs being managed by the California Transportation Commission. Several board members provided comment and a brief discussion ensued.

• Mr. Minnema then introduced Mr. Gene Endicott who provided a brief overview of the

State funding opportunities and advocacy efforts. A motion was made by Director Miklos and seconded by Director Hume, and passed by unanimous vote that: THE BOARD OF DIRECTORS OF THE CAPITAL SOUTHEAST CONNECTOR JOINT POWERS AUTHORITY APPROVES THE EXECUTIVE DIRECTOR TO WORK WITH MEMBER AGENCIES TO TAKE THE NECESSARY STEPS TO SUBMIT A FEDERAL INFRASTRUCTURE FOR REBUILDING AMERICA GRANT APPLICATION. No Public Comment was received on this item.

Page 4 of 5 Item #11: Authorize the Executive Director to enter into an Agreement with Myers & Sons/Teichert Construction Joint Venture for the Construction Manager/General Contractor Preconstruction Services for Segment D3, Resolution 2017-28.

• Mr. Minnema introduced the item and gave a brief summary of the staff report.

A motion was made by Director Miklos and seconded by Director Nottoli, and approved by unanimous vote that: THE BOARD OF DIRECTORS OF THE CAPITAL SOUTHEAST CONNECTOR JOINT POWERS AUTHORITY HEREBY ADOPTS THE FOLLOWING RESOLUTION: 2017-28 AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO AN AGREEMENT WITH MYERS & SONS/TEICHERT CONSTRUCTION JOINT VENTURE FOR THE CONSTRUCTION MANAGER/GENERAL CONTRACTOR PRECONSTRUCTION SERVICES FOR SEGMENT D3. Public Comment was received by Ms. Bonnie Chiu with The New Home Company. Ms. Chiu commented that as a developer along the D3 segment, they are very glad to learn about the momentum of the design and construction in the near future and look forward to continuing the positive dialogue with staff. Item #12: Update on the South Sacramento Habitat Conservation Plan and Authorize the Executive Director to execute a Memorandum of Agreement for ongoing funding, Resolution 2017-29.

• Mr. Minnema introduced the item and introduced Mr. Bill Ziebron who provided a

presentation on the item. A motion was made by Director Miklos and seconded by Director Hume, and approved by unanimous vote that: THE BOARD OF DIRECTORS OF THE CAPITAL SOUTHEAST CONNECTOR JOINT POWERS AUTHORITY HEREBY ADOPTS RESOLUTION 2017-29, AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A MEMORANDUM OF AGREEMENT FOR ONGOING FUNDING ON THE SOUTH SACRAMENTO HABITAT CONSERVATION PLAN. Item #13: Announcements or final comments from Board Members There were no additional announcements or comments from Board Members. No Public Comment was received on this item.

Page 5 of 5 Adjournment: The meeting adjourned at 9:42 a.m. ACTION MINUTES APPROVAL Approved By: Attest: ________________________________ ___________________________ David Sander Kimberlee Marlan Chair of the Board Secretary

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ITEM 6 MEETING DATE: September 22, 2017 TITLE: Project Activities Report for September 2017 (Receive and File) PREPARED BY: Derek Minnema Segments A1/A2 – Kammerer Road Project Length: 6.3 miles from Interstate 5 to State Route 99 Consultant Team: Dokken Engineering Current Phase: Preliminary Engineering and Environmental Documentation  Sixteen property owner meetings have been conducted to obtain feedback on a preferred alignment and staff is working to conduct more in the upcoming weeks.  Access details for each property along the thoroughfare and expressway segments are being engineered. Access will be consistent with the County and City General Plan and also perpetuate access for existing uses along the alignment.  Drainage details for the “Shed C” project are being reviewed and drainage improvements along Kammerer Road may need to be incorporated into the project.  Coordination with the South Sacramento Habitat Conservation Plan is on-going to ensure consistency with the Plan.  Coordination with Sacramento Municipal Utility District is underway to accommodate the approved substation in Franklin and the planned utility corridor along the alignment.  Meetings with Caltrans are ongoing to discuss the interchange configuration at Interstate 5/Hood-Franklin Road. An Intersection Control Evaluation is underway.  A detailed project description is being developed for inclusion in the updated and amended technical studies.  The schedule critical path still runs through setting the roadway alignment. An alignment will be brought to the JPA Board in October for the Board’s consideration.

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Segment B2 – Grant Line Road in Sacramento County/City of Elk Grove In December 2015, the Connector JPA and the City of Elk Grove entered into a Memorandum of Understanding to exchange federal funds held by the City for Measure A funds allocated to the JPA. The exchange allows the City to begin Final Design for Segment B2 from Waterman Road to Mosher Road, relying on a CEQA-only environmental analysis previously completed, while the JPA undertakes a CEQA and NEPA analysis from Mosher Road to Bradshaw Road. The two sub-segments are addressed separately below: Waterman Road to Mosher Road Length: 0.3 miles from Waterman Road to Mosher Road Consultant Team: TRC Engineers, Inc. Current Phase: Preliminary Engineering and Environmental Documentation  A draft 30% design has been submitted and is being reviewed by the JPA, City, and County. This design required initial planning work for the ultimate facility along the future Sports Complex.  Staff and the City of Elk Grove met with representatives from the parcel adjacent to the Sports Complex (Mosher Family) to discuss the upcoming right-of-way and easements acquisition. Mosher Road to Bradshaw Road Length: 1 mile from Mosher Road to Bradshaw Road Consultant Team: TRC Engineers, Inc. Current Phase: Preliminary Engineering and Environmental Documentation  Caltrans approved the NEPA Categorical Exclusion on August 28th, 2017.  65% Plans, Specifications, and Estimate (PS&E) will begin in October.  This project has limited funding and currently the 4-lane widening from Mosher to Bradshaw has a funding gap. As such, the project team has been discussing the options for an initial construction package that can be completed based on the funding available. The Board will be provided the opportunity to consider these options at an upcoming date.  Regarding access, a private driveway is currently considered along Grant Line Road to serve five parcels on the south side of the road. For a private driveway to be approved, all owners must consent. Staff has met with four of the five property owners adjacent to corridor to discuss upcoming right-of-way and easement acquisitions. The final meeting is expected to take place in September.

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Segment C – Grant Line Road Sheldon/Wilton Segment Length: 2.7 miles from Bond Road to Calvine Road Consultant Team: Willdan Group, Inc. Current Phase: Planning  The City of Elk Grove is initiating additional project scoping to ensure that the environmental and engineering effort will work well with the City’s planning and real-estate impact goals. Segment D2 – Grant Line Road in Sacramento County/City of Rancho Cordova Length: 7.2 miles from Jackson Road to White Rock Road Consultant Team: CH2M Hill, Inc. Current Phase: Preliminary Engineering and Environmental Documentation  Staff gave a presentation to the City of Rancho Cordova Public Works Department on September 6th and received positive feedback.  Staff anticipates submitting a funding grant application cooperatively with the City of Rancho Cordova and Sacramento County in 2018 for the next phase of work. Segments D3/E1 – White Rock Road in Sacramento County/City of Folsom/El Dorado County Length: 5.3 miles from Prairie City Road to Latrobe Road Consultant Team: Dokken Engineering Current Phase: Final Design  Staff is working to develop detailed engineering concepts to be considered by the Board for an initial construction package. These concepts will be refined in conjunction with the CM/GC team and it is currently planned that an update will be given to the Board in October.  Various environmental technical studies are being submitted to Caltrans for the NEPA Categorical Exclusion.  Staff continues to coordinate with El Dorado County to finalize the Memorandum

• f Understanding that will address final design of Segment E1.

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ITEM 7 MEETING DATE: September 22, 2017 TITLE: Adopt Public Records Act and Records Retention Management Policies PREPARED BY: Jennifer Gore RECOMMENDATION Adopt Resolutions 2017-30 and 2017-31 approving a Public Records Act Policy and a Records Retention Management Policy. BACKGROUND Years ago, a Public Records Act procedure and a policy on Records Management were

• drafted. Upon a recent review of the JPA’s policies and procedures, it was determined

that these policies were never finalized and brought to the JPA Board for approval. The JPA has always complied with law in maintaining records and responding to Public Records Act requests. And while formal policies on these issues are not required, it is a best practice to have adopted policies. To comport with best practices, the attached policies are provided for the Board’s consideration and adoption. ATTACHMENTS

• a. Proposed Draft Public Records Act Policy
• b. Resolution 2017-30 Approving a Public Records Act Policy
• c. Proposed Draft Records Retention Management Policy
• d. Resolution 2017-31 Approving a Records Retention Management Policy

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ITEM 7

Public Records Act Policy

Adopted by: Board Resolution No. 2017-30, dated September 22, 2017 Draft

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I. Intent

It is the intent of the Capital SouthEast Joint Powers Authority (Connector JPA) in adopting this procedure to provide access to the public records of the Authority in accordance with the provisions of the Public Records Act, Government Code § 6250 et seq., and any other applicable law (hereinafter “the Act”).

II. Examination of Records

A. All public records, not exempt from disclosure under the Act, shall be available for inspection by any person during regular office hours at the principal office of the Connector JPA. Any person requesting disclosure of a public record may complete the “Request for Disclosure of Public Record” form, attached hereto as Exhibit A,

• r make an oral request at the principal office of the Connector JPA.

The Executive Director, or his/her designee, shall serve as the Connector JPA Public Records Officer and will respond to all requests within ten (10) days with the assistance of the Connector JPA’s General Counsel. B. The examination of the records shall be carried out in the manner the Public Records Officer deems appropriate to comply with the Act while safeguarding the records and maintaining the efficient conduct of Connector JPA business. Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt from disclosure under the Act.

III. Refusal to Disclose

A. When the Public Records Officer determines that, pursuant to the Act, any document should not be disclosed to a person requesting it, the Public Records Officer shall state his or her reason for refusing disclosure to the person within ten (10) days of the request. B. If the person seeking disclosure of the records is dissatisfied with the decision of the Public Records Officer, he or she may bring an action in court to compel disclosure as provided by the Act.

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IV. Cost for Copies of Records

A. A charge in the amount of the actual cost of copying shall be made for a copy of any public record made upon request. There shall be no charge for locating or handling documents. B. The Public Records Officer shall determine the cost of the copies and advise the requesting party of the cost. C. The requesting party shall present payment of the cost to the Public Records Officer who shall either:

• 1. Certify the amount paid, provide a receipt to the requesting party, and provide the

requesting party with the documents requested; or

• 2. Advise the requesting party that, pursuant to the Act, the Public Records Officer

refuses to disclose the requested copy of the documents.

V. Records in Electronic Format

A. If the person seeking disclosure of a record requests that the Connector JPA make a record available in electronic format, the Connector JPA shall make the information available in the electronic format in which it holds the information. The cost of duplication shall be limited to the direct cost of producing a copy of a record in an electronic format. B. The Connector JPA shall not reconstruct a record in an electronic format if the record is no longer available in an electronic format, nor shall the Connector JPA release an electronic record in the electronic form in which it is held if the release of the electronic record will jeopardize or compromise the security or integrity of the

• riginal record or of any proprietary software in which the record is maintained.

VI. No Cost for Certain Material

Notwithstanding the provisions of Section IV above, no charge shall be made to any person requesting copies of the following documents:

• Information bulletins
• Fact Sheets
• Board agendas, minutes or resolutions
• Committee agendas or minutes
• Letters in support of, or in opposition to, legislative bills.

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The Connector JPA may, however, from time to time, establish a reasonable annual fee based on the estimated cost of providing the service for any member of the general public requesting regular notice of all Board meetings.

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EXHIBIT A Request for Disclosure of Public Record CAPITAL SOUTHEAST CONNECTOR JPA (To be completed by the person seeking disclosure) Contact Information (Optional): _____________________________ Name _____________________________ Street address _____________________________ City, state, and zip code _____________________________ Phone number _____________________________ Email address Documents Requested: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _______________________________________________________________________ Note: THE ACTUAL COST OF COPYING WILL BE CHARGED FOR A COPY OF ANY DOCUMENT PROVIDED. Return Request to: CAPITAL SOUTHEAST CONNECTOR JPA 10640 Mather Boulevard, Suite 120 Mather, CA 95655

POLICY AND PROCEDURE FOR DISCLOSURE OF PUBLIC RECORDS 2017

DENIAL OF DOCUMENTS REQUESTED (To be completed by the Executive Director or his/her Designee) Indicate the appropriate reasons that the disclosure of public documents was denied: _____ 1. Material sought is in the form of a draft, a note, or is an interagency or intra-agency memo not normally kept by this department, and the public interest served by not disclosing this record clearly outweighs the public interest service by the disclosure of the record. _____ 2. Material sought is withheld due to a claim made against Connector JPA or because of pending litigation. _____ 3. Material sought is part of a personnel, medical, or other similar file, and its disclosure would constitute an unwarranted invasion of personal privacy. _____ 4. Material sought is the record of a complaint or investigation conducted, or is intelligence or security information, which was produced or obtained for correctional, law enforcement, or licensing purposes. _____ 5. Material sought is geological or geophysical data, or similar information relating to utility systems development, or cultural resources data, obtained in confidence. _____ 6. Material sought is test questions, scoring key, or other examination data used to administer an examination for employment. _____ 7. Material sought is a real estate appraisal, engineering, or feasibility estimate or evaluation relative to acquisition of property, or to a prospective public supply or construction contract, and such acquisition of property has not taken place or such contract has not been executed. _____ 8. Material sought was obtained from a taxpayer, in confidence, in connection with the collection of taxes or assessments, and which, if disclosed, would result in an unfair, competitive disadvantage to the taxpayer. _____ 8. Material sought was obtained from a taxpayer, in confidence, in connection _____ 9. Material sought is protected from disclosure by federal or state law. _____ 10. Material sought includes statements of personal worth, personal financial data, or

• ther personal or family data required by Connector JPA and filed by an applicant

with Connector JPA to establish his personal qualification for assistance or to enable assistance to be rendered by or through Connector JPA.

POLICY AND PROCEDURE FOR DISCLOSURE OF PUBLIC RECORDS 2017

_____ 11. Other: _______________________________________________________________ Signature ______________________________ Title __________________________________ Approved by Legal Counsel: _____________________________ Renne Sloan Holtzman Sakai LLP

ITEM 7 b RESOLUTION NO. 2017-30 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPITAL SOUTHEAST CONNECTOR JOINT POWERS AUTHORITY APPROVING A POLICY AND PROCEDURE FOR DISCLOSURE OF PUBLIC RECORDS BE IT RESOLVED that the Board of Directors of the Capital SouthEast Connector Joint Powers Authority hereby approves the attached Policy and Procedure for Disclosure of Public Records in substantially the same form as attached hereto. This Resolution shall take effect from and after the date of its passage and adoption. * * * * * PASSED AND ADOPTED this 22nd day of September 2017, on a motion by Director ___________, seconded by Director____________, by the following vote: AYES: NOES: ABSENT: Chairperson ATTEST: Secretary

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Records Retention Management Policy

Adopted by: Board Resolution No. 2017-31, dated September 22, 2017 Draft

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I. Intent

This policy is intended to ensure the safekeeping of the Capital SouthEast Connector Joint Powers Authority (Connector JPA) records with administrative, legal, fiscal, programmatic

• r historical value, provide ease of access to Connector JPA records by staff, ensure public

access to Connector JPA records in accordance with applicable law, and provide the necessary guidance to ensure efficient and economical management methods to the creation, utilization, maintenance, retention, preservation and disposal of Connector JPA records. Effective Records Management ensures that records are kept only as long as they have some administrative, fiscal

• r legal value.

II. Statement

A. Public Records include any writing containing information related to the conduct of the public’s business prepared, owned, used, or retained by the Connector JPA, regardless of physical form or characteristics. Records kept by the Connector JPA employees, because they are necessary or convenient to the discharge of the employees’ duties, are also public records. Any and all records generated in the course of Connector JPA business are the property of the Connector JPA, unless

• therwise agreed to in a contract document.

B. Records must be maintained in accordance with the Connector JPA’s Records Retention Management Schedule until their retention period expires, after which the records should be disposed of promptly and appropriately. Records can be maintained by administrative staff for time periods in excess of the retention period in the schedule only if the records are originals and still needed for reference, but should be disposed of as soon as possible to conserve storage space.

III. Application

This policy applies to all persons, including employees, consultants, and contractors, responsible for the generation and/or maintenance of Connector JPA records.

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IV. Definitions

A. Contractor – Person performing work pursuant to a contract funded in whole or in part by Connector JPA, including consultants, sub-consultants, independent contractors, and vendors. B. Electronic Records – Records maintained in any computerized or electronic format, whether that format be hard disk, magnetic tape, optical imaging, floppy disk or

• therwise.

C. Permanent Records – Records that are required in perpetuity, usually identified by statute or other written guidance. Examples include original agendas, minutes, resolutions, etc. D. Personal Records – Records of a purely personal nature retained by individuals

• utside of official Connector JPA files. For example, personal e-mail, shopping

lists or correspondence to or from friends. E. Public Records – Any writing containing information related to the conduct of the public’s business prepared, owned, used, or retained by the Connector JPA regardless of physical form or characteristics and not otherwise exempt or protected from disclosure pursuant to law. Public records may include, but are not limited to, correspondence, memoranda, e-mails, telephone logs, reports, maps, data, audio tapes, contracts, project files, photographic files, digital imagery data, prints, charts, drawings, machine-readable records, videos and audio tapes. F. Records Retention Management Schedule – A list of all records produced or maintained by the Connector JPA and the retention actions to be taken with regards to those records. A retention schedule establishes which records have historic or research value, and which records should be destroyed because they no longer have any administrative, fiscal, or legal value. In the event of litigation, courts accept a retention schedule as establishing an agency’s “normal course of doing business.” Records should be disposed of in accordance with an approved Records Retention Management Schedule. G. Retention Period – The length of time a record must be retained to fulfill its administrative, fiscal and/or legal function and as specified by an approved Records Retention Management Schedule.

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V. Records Retention Management Schedule

A. The Records Retention Management Schedule (attached hereto as Exhibit A) assigns retention periods by record description in order to satisfy general business and legal requirements. Since no single time limitation governs all record-retention issues, Retention Periods depend upon the nature of the document or transaction, as well as the applicable state and federal laws. B. All Public Records must be kept for a minimum of two years. Some records must be kept for longer than two years and the Retention Period for most records is contained in the Records Retention Management Schedule. The time periods shown in the Records Retention Management Schedule should be followed unless a document needs to be retained for a longer time period than that shown because the custodian believes the record is still needed for reference or because the record is required for litigation, an audit, or environmental review as specified in section IV.H below. All of the time periods shown for retention begin no sooner than the date the record is put in its final form. C. Personal Records such as shopping lists, personal e-mail, or correspondence from a friend are not Public Records. In order to prevent a claim that such records are subject to disclosure, and to prevent an unnecessary burden on Connector JPA’s resources, records unrelated to Connector JPA’s business should be purged from the Connector JPA’s computers and files. D. Under ordinary circumstances, preliminary drafts, notes, or interagency or intra- agency memoranda shall not be retained by the Connector JPA, and shall be purged within 60 days of completion of the project. E. After a Public Record has been maintained for the required time period it should be disposed of promptly. If records contain confidential or trade secret information, the records shall be shredded. F. At least every two years, the Records Retention Management Schedule will be reviewed and revised as needed. The Schedule will be circulated to the department and division directors for recommended changes and additions and reviewed by the General Counsel. Changes to the Records Retention Management Schedule must be approved by the Executive Director and General Counsel. G. Retention Periods for records required for litigation, audit or environmental review must be suspended and the records maintained in their original condition and format until the matter is resolved.

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H. Duplicates of hardcopy records may be destroyed at any time as long as it has been determined that at least one accurate and legible copy is maintained for the time period set forth in the Records Retention Management Schedule.

VI. Electronic Records

A. Records may be kept in electronic form instead of hardcopy form under the following conditions: 1. The media on which the electronic form of the record is kept does not permit additions, changes, or deletions of the information or image in or on the

• riginal record.

2. The media selected for storing the records in electronic form is considered permanent and reliable. 3. The media selected for storing the records in electronic form does not prevent the records from being easily accessible. B. A second electronic copy must be kept in a safe location outside of the building for security purposes.

• VII. Records Containing Confidential or Trade Secret Information

Records created at or received by the Connector JPA containing confidential or trade secret information must be marked as such and filed in a locked cabinet or other location where the records will be secure and inaccessible to third parties. Staff should take all necessary steps to ensure that such records are not copied or disclosed to third parties unless required by law. Once a record is submitted to the Connector JPA by a company

• r individual, it immediately becomes a public record unless that party has expressly

designated the record or portion thereof as confidential, proprietary, or trade secret.

• VIII. Public Records Act Requests

Public records shall be available to the public upon request, consistent with the Public Records Act (Gov. Code, § 6250 et seq.) and any other applicable law.

Exhibit A Records Retention Management Schedule

Exhibit A Records Retention Management Policy Schedule

Records Description Retention Period Comments

Copies or duplicates of any record Completion + 2 yrs Staff must not keep any copy or duplicate once the

• riginal has been destroyed according to retention

schedule. Correspondence - routine (e.g. administrative, chronological, general files, e-mails, letters, memorandums,

• misc. reports, reading, working files, etc)

Current Year + 2 yrs Correspondence - transitory, not retained in the ordinary course of business (e.g. thank yous, telephone messages, calendars, e-mails, room meeting reservations, etc.) No longer than 60 days Drafts, Notes, and Interagency or Intra-agency Memoranda: drafts that are revised No longer than 60 days after project completion Reference Materials: Brochures, Manuals, Policies, Procedures & Reports: produced by JPA 5 years Reference Materials: Brochures, Manuals, Policies, Procedures & Reports: produced by outside agencies Superseded + 2 years Surveys/Questionnaires conducted by JPA (final summary) 10 years Retained for historical value Surveys/Questionnaires conducted by JPA (source documents used to produce a summary) When final is adopted Drafts not retained in the ordinary course of business; should be destroyed once final is adopted Environmental Review Documents Permanent

Exhibit A Records Retention Management Schedule

Exhibit A Records Retention Management Policy Schedule

Records Description Retention Period Comments

Unsuccessful Proposals in response to RFPs/RFIs/RFQs 2 yrs Successful Proposals in response to RFPs/RFIs/RFQs Audit +5 yrs Agreements & Contracts - Under $50K signed by Executive Director: Administrative, consultants, leases, professional services, transportation, etc. Completion + 5 yrs Insurance Policies: Liability, Master Policies Permanent Agendas Permanent Agenda Packets - Board (includes agenda staff reports, agenda handouts, etc) Permanent Agenda Packets - Committees (includes agenda staff reports, agenda handouts, etc) Current Year + 2 yrs Committees do not take action, but make recommendations to the full Board. Agreements & Contracts approved by JPA Bd: Administrative, consultants, leases, professional services, transportation, etc. Completion + 5 years Agreements & Contracts approved by JPA Bd: JPA's, MOUs w/other jurisdictions, Completion + 5 yrs Board Members and Chair Correspondence (Excluding transitory correspondence) 10 yrs Correspondence transmitting documents shall be retained for the periods specified above for routine and transitory correspondence.

Exhibit A Records Retention Management Schedule

Exhibit A Records Retention Management Policy Schedule

Records Description Retention Period Comments

Bylaws/Joint Powers Agreements Permanent Caltrans verification of compliance letters 12 yrs Chronologic History of Board Members Permanent Historic and administrative value Claims/Lawsuit/Litigation Records (routine) Completion + 7 yrs Routine matters and cases. Claims/Lawsuit/Litigation Records (high profile) Permanent High profile matters including cases which have significant importance or set legal precedent. Records to be retained beyond “Completion + 7 yrs” are limited to complaints, other pleadings, court

• rders, judgments and settlement agreements, as

well as significant motions, attorney notes, and briefs. Conflict of Interest Code Permanent Correspondence - establishing policy (documents formation

• f policies or decision making process

Completion + 5 yrs FPPC 700 series Forms: designated employees (specified in the Council's Conflict of Interest Code) Termination + 7 yrs JPA maintains original statements FPPC 700 series Forms: Board members and Executive Director Termination + 4 yrs Original statements are filed with FPPC. JPA maintains copies only, which must be retained for 2

• years. After 2 years, hard copies can be scanned

and maintained digitally. Historical records Permanent Board Secretary and/or Executive Director determines historical significance Minutes: Board of Directors Permanent Minutes: Committees 10 years

Exhibit A Records Retention Management Schedule

Exhibit A Records Retention Management Policy Schedule

Records Description Retention Period Comments

Records Management: Destruction Lists/Retention Schedule Superseded + 4 yrs Resolutions Permanent Rules & Procedures - Board Permanent Historic and administrative value Tapes/Recordings (Audio) JPA Board meeting Current Year + 3 mos Accounts Payable source records (all records and reports - includes requisitions, purchase orders, invoices, receivers, travel expense reimbursements, etc.) Audit + 5 yrs Affidavits of postings and publications Audit + 5 yrs The affidavits of publication can be found with Accounts Payable documentation Audits and audit management letters Permanent Historic and administrative value Budgets adopted, Budget amendments Permanent For administrative value Chart of Accounts Permanent Fixed Assets - inventory, etc. Audit + 5 yrs

Exhibit A Records Retention Management Schedule

Exhibit A Records Retention Management Policy Schedule

Records Description Retention Period Comments

Fixed Assets - sold/auction/disposal/sales/surpluses Audit + 5 yrs Journals, Ledgers, Reconciliations, Registers, Reports Transaction histories, Balance Sheets, Budget Adjustments (monthly or periodic) does not include year-end General ledger Audit + 5 yrs* * To the extent these documents relate to federally funded projects, they shall be retained throughout the course of the project, and for at least three years after the date of transmission of the final expenditure report. Time Sheets/Time Cards/Payroll Exception Reports with employee signatures Audit + 5 yrs*

* To the extent these documents relate to federally

funded projects, they shall be retained throughout the course of the project, and for at least three years after the date of transmission of the final expenditure report. Grant Agreements/Funding Contracts Project Termination + 5 yrs*

ITEM 7 d RESOLUTION NO. 2017-31 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPITAL SOUTHEAST CONNECTOR JOINT POWERS AUTHORITY APPROVING A RECORDS RETENTION MANAGEMENT POLICY BE IT RESOLVED that the Board of Directors of the Capital SouthEast Connector Joint Powers Authority hereby approves the attached Records Retention Management Policy in substantially the same form as attached hereto. This Resolution shall take effect from and after the date of its passage and adoption. * * * * * PASSED AND ADOPTED this 22nd day of September 2017, on a motion by Director ___________, seconded by Director____________, by the following vote: AYES: NOES: ABSENT: Chairperson ATTEST: Secretary

Page 1 of 3 ITEM 8 MEETING DATE: September 22, 2017 TITLE: Authorize the Executive Director to issue Notices of Decision to Appraise to affected Property Owners in Segment B2 PREPARED BY: Greg Gross RECOMMENDATION Approve and adopt Resolution 2017-32 authorizing the Executive Director to issue Notices of Decision to Appraise to affected property owners in Segment B2. BACKGROUND Segment B2 (Grant Line Road between Mosher Road and Bradshaw Road) is located in the City of Elk Grove and unincorporated Sacramento County. The JPA approved the IS/MND for Segment B2 in May 2017 and Caltrans issued the NEPA Categorical Exclusion on August 29, 2017. Preliminary engineering has also been performed to determine the project improvements, footprint, and impacts. The next step in the project delivery process is to begin final design and to acquire right of way. DISCUSSION The first step in the right of way acquisition process is to provide each of the affected property owners with a Notice of Decision to Appraise (NODA). The purpose of the NODA is to inform the property owners that the JPA has identified the potential need to purchase a portion of their property to accommodate the project, and to provide the property owner with information regarding the appraisal process and his/her rights. A sample NODA is attached for the Board’s review. Following the issuance of a NODA, an appraisal will be scheduled and completed. A certified, independent appraiser will work with each property owner to determine impacts and the fair market value of the property needed for the project. Once appraisals have been completed, JPA staff will seek the authorization from the Board prior to making any offer to purchase land and begin negotiations.

Page 2 of 3 If negotiations to purchase the necessary property are not successful, the Board will have the option to issue a Notice of Intent to Adopt a Resolution of Necessity to initiate the eminent domain process. Acquisitions will conform to all applicable provisions of the California Government Code and Civil Code and the California Department of Transportation standards and procedures as set forth in of the Department’s Right of Way Manual. Affected Properties Based on the preliminary engineering, permanent property acquisitions will be needed from 12 parcels, including 1 full-parcel acquisition and 11 partial acquisitions. Additionally, temporary construction easements will likely be required on 10 parcels. Table 1, below, summarizes the parcels where permanent acquisitions are required. Table 1 – Property Acquisition Summary APN Property Owner Acquisition 134-0110-150 Pappas Chrisa/John Pappas Rev Tr Partial 134-0110-158 Robert & Cathie Brown Partial 134-0110-147 David Hoang Partial 134-0110-069 William Anthony Full 134-0110-068 David OFarrell / Amy OFarrell Partial 134-0110-066 Mohammad Dawud Partial 134-0190-001 Daehling Ranch LLC Partial 134-0120-014 Ella Mahon Partial 134-0120-007 Daniel Lang Partial 134-0120-026 Bartholomew Partial 134-0120-025 Bartholomew Trust Partial 134-0120-002 Kautz John & Gail Family Trust Partial NEXT STEPS In addition to initiating the appraisal process, JPA staff will be coordinating with staff from Elk Grove and Sacramento County on the following items:  To obtain authorization to acquire right of way within each jurisdiction, including authorization to exercise the power of eminent domain, if needed, consistent with the JPA’s joint powers agreement. This will require approval from the City Council and the Board of Supervisors.

Page 3 of 3  To develop agreements between the JPA and each jurisdiction to document the respective rights of each entity, including which agency will hold title to the property after it is acquired. JPA staff anticipates that property will be acquired by the JPA on behalf of each jurisdiction, and that each jurisdiction will provide the JPA with an encroachment permit for construction, but these issues will require further discussion and documentation in the coming months. ATTACHMENTS

• a. Resolution 2017-32 authorizing the issuance of Notices of Decision to Appraise to

affected property owners in Segment B2.

• b. Sample Notice of Decision to Appraise

ITEM 8 RESOLUTION NO. 2017-32 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPITAL SOUTHEAST CONNECTOR JOINT POWERS AUTHORITY AUTHORIZING THE EXECUTIVE DIRECTOR TO ISSUE NOTICES OF DECISION TO APPRAISE TO AFFECTED PROPERTY OWNERS IN THE B2 SEGMENT BE IT RESOLVED that the Board of Directors (“Board”) of the Capital SouthEast Connector Authority hereby authorizes staff to initiate the property appraisal and acquisition process by providing a Notice of Decision to Appraise (NODA) to property owners being affected by the B2 Project. This Resolution shall take effect from and after the date of its passage and adoption. * * * * * PASSED AND ADOPTED this 22nd day of September 2017, on a motion by Director ___________, seconded by Director____________, by the following vote: AYES: NOES: ABSENT: Chairperson ATTEST: Secretary

W W W . C O N N E C T O R J P A . N E T

10640 Mather Blvd., Suite 120 Mather, CA 95655 Tel: 916.876.9094 Fax: 916.854.9304

DATE William and Kathleen Anthony 9830 Grant Line Road Elk Grove, California 95624 Re: Notice of Decision to Appraise Capital SouthEast Connector B2 Project 9830 Grant Line Road, Elk Grove, California Assessor’s Parcel Number: 134-0110-069 Dear Mr. and Mrs. Anthony: The Capital SouthEast Connector Joint Powers Authority (JPA) proposes to reconstruct Grant Line Road between Mosher Road and Bradshaw Road as a four-lane thoroughfare with an adjacent Class 1 bike/pedestrian trail on the west/north side of the alignment. The Project also includes realignment of the Bradshaw Road intersection as described in the Final Tiered IS/MND (environmental document) and shown on Figure 3 in that document (copy attached). A copy of the Final Tiered IS/MND can be found at the JPA website at www.connectorjpa.net/project-documents. Your property, located at 9830 Grant Line Road, Elk Grove, California (APN 134-0110-069) is within the project area, and the JPA anticipates that your entire property is required. While the JPA has decided to appraise your property, the decision to acquire your property has not yet been made. Enclosed for your information are Exhibits relating to the proposed project and acquisition, including a summary of the Caltrans acquisition procedures the JPA will be utilizing and Title VI information. The appraisal process begins with an inspection of your property to aid in establishing just

• compensation. The JPA has retained the firm of Bender Rosenthal, Inc., to perform the appraisal of

your property. You have the right and are encouraged to accompany the appraiser during an inspection of your property. Please contact Mr. Justin Kobilis at (916) 978-4900 and provide the best number we can reach you at so that we may schedule a mutually agreeable time to meet and inspect your property. This notice does not constitute an offer to purchase your property, nor does it establish eligibility for you or your occupant for relocation assistance or relocation payments. In the meantime, if you have any questions regarding the potential acquisition of your property, the process or timing, please feel free to call me at (916) 876-9094. Upon completion of the appraisal, a JPA representative will contact you to discuss the acquisition in detail. Thank you in advance for your cooperation. Sincerely, Derek Minnema, PE Executive Director Capital SouthEast Connector JPA Enclosures: Brochure and Title VI, IS/MND Figure 3

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September 22, 2017

Presented to The Board of the

Right-of-Way Acquisition Phase

Capital SouthEast Connector Segment B2 (Grant Line Road from Mosher Road to Bradshaw Road)

Project Overview

September 22, 2017

• One Mile – Mosher Road to

Bradshaw Road

• Phase 1: 4-Lanes

September 22, 2017

 Signed MOU with the City of Elk Grove December, 2015  Release B2 RFP January, 2016  Notice to Proceed May, 2016  Release of IS/MND for Public Review May, 2016  JPA Board Approved CEQA Tiered IS/MND May 26, 2017  Caltrans Approved NEPA CE August 29, 2017

Previously Completed Work

September 22, 2017

Final Design

• Preliminary Design (30%) is complete

– Conducted one-on-one property owner meetings to develop access – Proposed right-of-way has been determined

• Final Design (60% PS&E) is underway

Right-of-Way Appraisals & Acquisitions

• SACOG Grant - Funding swap with Elk Grove
• Coordination with Sacramento County and Elk Grove

– Authorization to acquire and the use of eminent domain (if necessary) – Agreements to document the respective rights

• Acquisitions are needed from 12 parcels

Current Activities

September 22, 2017

September 22, 2017

• Perform property appraisals

– Notice of Decision to Appraise (NODA) – Stake the proposed right-of-way in the field – Property inspection with the owner

• Generate the appraisals
• Independently review the appraisals
• Obtain Board approval prior to making offers

Right-of-Way Appraisal Process

September 22, 2017

• Present the initial offer
• Negotiate based on appraised value
• Present the final deal to Board for approval
• Open escrow / close transaction

Right-of-Way Acquisition Process

September 22, 2017

Project Schedule

September 22, 2017

Today’s Proposed Action

• Approve the issuance of Notices of Decision to Appraise to

affected property owners in Segment B2.

Questions?

September 22, 2017

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