Boards Award On-Call Lands Management and Biological Services Contracts

For more than a quarter century, TCA has set aside and preserved more than 2,100 acres of open space in perpetuity to balance construction of The Toll Roads. These lands provide a secure ecosystem for the region’s natural habitat and wildlife. TCA remains committed to the management, maintenance and protection of these sensitive areas.

To assist TCA with mitigation land management requirements, the Boards of Directors authorized contracts with Land IQ, Psomas, RECON Environmental and Nakae and Associates.

These partners will provide on-call services such as biological surveys, vegetation monitoring, invasive species management, wildlife fence repair and other tasks associated with mitigation lands management and maintenance.

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Boards Authorize Design/Program Management and Specialty Contracting Services

Following a comprehensive update about planned activities for Fiscal Year 2022 (FY22), the Boards of Directors authorized one year of funding to the current Corridor Management Group contract for planned expenditures to support and augment the Agencies’ small in-house engineering staff.

The funding will cover one year of planned expenditures for the Agencies’ FY22 planned activities in support of the capital improvement projects, as well as provide as-needed assistance in data management, tolling systems and operations, and other specialty services. The contract has completed five years of a five-year contract and is in the first year of three, one-year optional extensions.

The funding authorization accomplishes three key goals: it provides greater flexibility according to fluctuating workloads; the Agencies benefit from improved access to a wide range of skilled expertise; and it addresses the final stages of the Oso Parkway Bridge Project.

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Boards Select Bench Contractors for On-Call Legal Services

Following the recommendations of the Joint Legal Services Procurement Ad Hoc Committee, which has been meeting since July 2020, the Boards of Directors approved the selection of a variety of qualified legal contractors to provide the Agencies with on-call legal services.

After extensive industry review, staff recommended several top-ranked firms.  The contractors listed below comprise the benched contractors prequalified to provide on-call legal services to the Agencies:

• Akin Gump Strauss Hauer & Feld LLP
• AlvaradoSmith
• Atkinson, Andelson, Loya, Ruud & Romo
• Bergman Dacey Goldsmith
• Callahan & Blaine
• Clark Hill
• Nossaman LLP
• Paul, Plevin, Sullivan & Connaughton LLP
• Stradling Yocca Carlson & Rauth
• Wood, Smith, Henning & Berman

The Boards’ decision was guided by careful consideration of each firm to ensure optimal performance. These firms will provide legal services including, but not limited to: employment law, environmental law and construction law.

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Boards Approve Change in Board Membership to Commence in July 2021

The Boards voted to waive the written notice required for the City of San Clemente to voluntarily withdraw from participation in the Agencies as a member city. The waiver is conditional based on receipt of the city’s formal notice to withdraw following its regularly scheduled City Council meeting on Tuesday, May 18.

Under the Joint Exercise of Powers Agreements, written notice is required 120 days prior to the end of a fiscal year, with withdrawal effective the first day of a fiscal year. While a requirement of the Agreement, the Boards of Directors felt it was in the best interest of all parties to grant San Clemente’s requested waiver. As a result of this waiver, and following San Clemente’s formal notice, San Clemente’s withdrawal from TCA will be effective July 1, 2021.

While San Clemente’s withdrawal would mean it will no longer have city council representation on either of TCA’s two Boards of Directors, certain obligations under the Joint Exercise of Powers Agreements will remain.

Per the terms of the Agreements – and as the city is aware – San Clemente must continue to collect development impact fees (DIFs) from developers and remit them to TCA as the fees are a financial commitment pledged to secure bonds issued by TCA. While a member agency’s obligation to collect these DIFs only applies to new development, the obligation continues as long as the fees are pledged as security for any financial commitment. Member agencies that comply with the JPA do not bear any direct financial commitment to the TCAs.