Agenda - Wednesday, June 13, 2018gosbcta.com/about-sbcta/agendas/2018/06-18-GPC.pdf · Mt./Desert...

AGENDA

General Policy Committee Meeting

June 13, 2018

9:00 AM

Location

San Bernardino County Transportation Authority

First Floor Lobby Board Room

1170 W. 3rd Street, San Bernardino, CA 92410

General Policy Committee Membership

Chair – Vice President

Supervisor James Ramos

County of San Bernardino

President

Mayor Pro Tem Alan Wapner

City of Ontario

Past President

Supervisor Robert Lovingood


Mt./Desert Representatives

Council Member Bill Jahn

City of Big Bear Lake, MDC/TC Chair

Council Member Joel Klink

City of Twentynine Palms

Mayor Pro Tem Bill Holland

City of Hesperia

East Valley Representatives

Council Member Frank Navarro

City of Colton

Mayor Darcy McNaboe

City of Grand Terrace, MVSS Chair

Mayor Larry McCallon

City of Highland

West Valley Representatives

Mayor Acquanetta Warren

City of Fontana

Mayor L. Dennis Michael

City of Rancho Cucamonga

Supervisor Curt Hagman


Ray Wolfe

Executive Director

Eileen Monaghan Teichert

General Counsel

pg. 2


San Bernardino Council of Governments

AGENDA

General Policy Committee Meeting

June 13, 2018

9:00 AM

Location San Bernardino County Transportation Authority

First Floor Lobby Board Room

1170 W. 3rd Street, San Bernardino, CA 92410

To obtain additional information on any items, please contact the staff person listed under each

item. You are encouraged to obtain any clarifying information prior to the meeting to allow the

Board to move expeditiously in its deliberations. Additional “Meeting Procedures” and agenda

explanations are attached to the end of this agenda.

CALL TO ORDER

(Meeting Chaired by James Ramos)

i. Pledge of Allegiance

ii. Attendance

iii. Announcements

iv. Agenda Notices/Modifications – Diane Greve

Possible Conflict of Interest Issues

Note agenda item contractors, subcontractors and agents which may require member abstentions

due to conflict of interest and financial interests. Board Member abstentions shall be stated

under this item for recordation on the appropriate item.

1. Information Relative to Possible Conflict of Interest

Note agenda items and contractors/subcontractors, which may require member abstentions

due to possible conflicts of interest.

This item is prepared monthly for review by Board and Committee members.

Pg. 11

pg. 3

CONSENT CALENDAR

Items listed on the Consent Calendar are expected to be routine and non-controversial.

The Consent Calendar will be acted upon as a single motion. Items on the Consent Calendar

may be removed for discussion by Board Members.

Consent - Administrative Matters

2. May 2018 Procurement Report

Receive the May 2018 Procurement Report.

Presenter: Hilda Flores

This item is not scheduled for review by any other policy committee or technical

advisory committee.

3. Budget to Actual Report for Third Quarter Ending March 31, 2018

Receive and file Budget to Actual Report for third quarter ending March 31, 2018.

Presenter: Beatriz Valdez


advisory committee.

DISCUSSION ITEMS

Discussion - Administrative Matters

4. San Bernardino Santa Fe Depot Structural Repairs Construction Management Services

Contract Award

That the General Policy Committee recommend the Board, acting as the San Bernardino

County Transportation Authority:

A. Authorize the Executive Director or designee to award and execute Contract

No. 18-1001911 with S2 Engineering, Inc. for Construction Management Services for the

Santa Fe Depot Structural Repairs Project in an amount of $99,162.82 after Caltrans’

approval of Exhibit 10-C, Consultant Contract Reviewer Checklist.

B. Approve a contingency amount for Contract No. 18-1001911 of $9,916.28 and authorize

the Executive Director or designee to release contingency as necessary for the project for a

total not-to-exceed amount of $109,079.10.

Presenter: Duane Baker


advisory committee. SBCTA General Counsel and Procurement Manager have

reviewed this item and the draft contract.

5. Biennial Review of Conflict of Interest Code


County Transportation Authority (SBCTA):

A. Perform the biennial review of SBCTA’s Policy No. 10102 Conflict of Interest Code, and

amend Appendix A with updated employee job titles and disclosure categories, as outlined in

attachment.

B. Direct the SBCTA Clerk of the Board to submit the Policy and Appendix A to the

San Bernardino County Board of Supervisors for approval.

Presenter: Vicki Watson

This item is not scheduled for review by any other policy or technical advisory

committee. SBCTA General Counsel has reviewed this item and the Policy.

Pg. 12

Pg. 20

Pg. 29

Pg. 54

pg. 4

6. Policy 10105 - Records Management and Retention Policy

That the General Policy Committee recommend the Board:

A. Acting as the San Bernardino County Transportation Authority (SBCTA), adopt

Resolution No. 19-002 establishing Policy No. 10105 – Records Management Policy, and

approving Policy Appendix A – Records Retention Schedules (11), and Appendix B –

Disposition of Records Form; and

B. Acting as the San Bernardino Associated Governments (SBCOG), approve applicability

of Policy 10105 and its Appendices to SBCOG.

Presenter: Eileen Teichert and Vicki Watson


advisory committee. SBCTA General Counsel has reviewed this item, the policy,

Resolution and retention schedules.

Discussion - Regional/Subregional Planning

7. Grant Application Strategy for Active Transportation Program Cycle 4 Funding


County Transportation Authority:

A. Receive information on the San Bernardino County Transportation Authority (SBCTA)

Fiscal Year 2018/2019 grant cycle 4 application strategy for Active Transportation Program

(ATP) funding.

B. Authorize the Executive Director, or his designee, to execute Senate Bill 1 (SB1)

Baseline Agreements, including technical and administrative changes to the project

information that may be necessary, in the form approved by General Counsel, for projects

that receive funding under the ATP SB1 grant program. The specific projects for which

authorization is requested are:

Metrolink Bicycle and Pedestrian Accessibility Plan Implementation Phase II, contingent

on the identification of funding commitments for project management and other matching

funds from a combination of local jurisdictions and appropriate regional sources, as

determined by the Executive Director prior to the submittal of the application.

San Bernardino County Safe Routes to School Program Implementation Phase II

Presenter: Josh Lee


advisory committees.

8. 2018 Update to the Development Mitigation Nexus Study

That the General Policy Committee recommend the Board, acting as the County

Transportation Authority:

Approve the 2018 Update to the Development Mitigation Nexus Study Project Lists and Cost

Estimates.

Presenter: Cameron Brown

This item is not scheduled for review by any other policy committee. The information

in this item was distributed to the Transportation Technical Advisory Committee on

June 4, 2018.

Pg. 58

Pg. 65

Pg. 68

pg. 5

9. Non-Motorized Transportation Plan Amendment: Update Bike Plan and Incorporate

Safe Routes to School (SRTS), Points of Interest Pedestrian Plan (PIPP), and Rim of the

World (ROTW) Active Transportation Plan

That the General Policy Committee recommend the Board approve amendments to the

San Bernardino County Non-Motorized Transportation Plan as contained in Attachments A

through G and outlined below.

Presenter: Ginger Koblasz

This item is not scheduled for review by any other policy committee. The information

in this item was distributed to the Transportation Technical Advisory Committee on

June 4, 2018.

Discussion - Council of Governments

10. Agreement with the Auditor-Controller/Treasurer/Tax Collector for the Collection of

Special Taxes, Fees, and Assessments for Fiscal Year 2018/2019 as required by the

HERO Program

That the General Policy Committee recommend the Board of Directors, acting as

the San Bernardino Associated Governments, approve Agreement 18-1001979 with the

San Bernardino County Auditor-Controller/Treasurer/Tax Collector providing for the

collection of special assessments related to the San Bernardino Associated Governments

Home Energy Renovation Opportunity (HERO) Program for Fiscal Year 2018/2019.

Presenter: Duane Baker


advisory committee. This item and the draft Agreement have been reviewed by

General Counsel.

11. State and Federal Legislative Update

Receive and file the June 2018 State and Federal Legislative Update.

Presenter: Louis Vidaure


advisory committee.

Discussion - Transportation Programming and Fund Administration

12. Addition of Report Due Dates to Measure I Local Street Policies 40003, 40012, and

40016


County Transportation Authority, approve amendment to the Measure I 2010-2040 Strategic

Plan Policies 40003, 40012, and 40016 to include the due date for the annual update of a

member jurisdiction’s Five Year Plan related to the Local Streets Program requirements of

Ordinance No. 04-01.

Presenter: Ellen Pollema

This item is not scheduled for review by any other policy committee. The item has been

reviewed by the Transportation Technical Advisory Committee on June 4, 2018.

This item and the draft Policies have been reviewed by General Counsel.

Pg. 78

Pg. 81

Pg. 87

Pg. 109

pg. 6

13. Measure I 2018 Population Estimates


County Transportation Authority, adopt the 2018 Population Estimates in Attachment B for

use in the allocation of Measure I Local Street Program Funds.

Presenter: Ellen Pollema


advisory committee.

Public Comment

Brief Comments from General Public

Comments from Board Members

Brief Comments from Board Members

ADJOURNMENT

Additional Information

Attendance Record

Acronym List

Mission Statement

Pg. 144

Pg. 155Pg. 156Pg. 158

pg. 7

Meeting Procedures and Rules of Conduct

Meeting Procedures - The Ralph M. Brown Act is the state law which guarantees the public’s

right to attend and participate in meetings of local legislative bodies. These rules have been

adopted by the Board of Directors in accordance with the Brown Act, Government Code 54950

et seq., and shall apply at all meetings of the Board of Directors and Policy Committees.

Accessibility - The meeting facility is accessible to persons with disabilities. If assistive

listening devices or other auxiliary aids or services are needed in order to participate in the public

meeting, requests should be made through the Clerk of the Board at least three (3) business days

prior to the Board meeting. The Clerk’s telephone number is (909) 884-8276 and office is

located at 1170 W. 3rd

Street, 2nd

Floor, San Bernardino, CA.

Agendas – All agendas are posted at 1170 W. 3rd

Street, 1st Floor, San Bernardino at least 72

hours in advance of the meeting. Staff reports related to agenda items may be reviewed at the

SBCTA offices located at 1170 W. 3rd

Street, 2nd

Floor, San Bernardino and our website:

www.gosbcta.com.

Agenda Actions – Items listed on both the “Consent Calendar” and “Discussion” contain

recommended actions. The Board of Directors will generally consider items in the order listed

on the agenda. However, items may be considered in any order. New agenda items can be

added and action taken by two-thirds vote of the Board of Directors or unanimous vote of

members present as provided in the Ralph M. Brown Act Government Code Sec. 54954.2(b).

Closed Session Agenda Items – Consideration of closed session items excludes members of the

public. These items include issues related to personnel, pending litigation, labor negotiations and

real estate negotiations. Prior to each closed session, the Chair will announce the subject matter

of the closed session. If action is taken in closed session, the Chair may report the action to the

public at the conclusion of the closed session.

Public Testimony on an Item – Members of the public are afforded an opportunity to speak on

any listed item. Individuals wishing to address the Board of Directors or Policy Committee

Members should complete a “Request to Speak” form, provided at the rear of the meeting room,

and present it to the Clerk prior to the Board's consideration of the item. A "Request to Speak"

form must be completed for each item an individual wishes to speak on. When recognized by

the Chair, speakers should be prepared to step forward and announce their name and address for

the record. In the interest of facilitating the business of the Board, speakers are limited to three

(3) minutes on each item. Additionally, a twelve (12) minute limitation is established for the

total amount of time any one individual may address the Board at any one meeting. The Chair or

a majority of the Board may establish a different time limit as appropriate, and parties to agenda

items shall not be subject to the time limitations. Members of the public requesting information

be distributed to the Board of Directors must provide 40 copies of such information in advance

of the meeting, except for noticed public hearings. Information provided as public testimony is

not read into the record by the Clerk.

The Consent Calendar is considered a single item, thus the three (3) minute rule applies.

Consent Calendar items can be pulled at Board member request and will be brought up

individually at the specified time in the agenda allowing further public comment on those items.

Agenda Times – The Board is concerned that discussion take place in a timely and efficient

manner. Agendas may be prepared with estimated times for categorical areas and certain topics

to be discussed. These times may vary according to the length of presentation and amount of

resulting discussion on agenda items.

http://www.gosbcta.com/

pg. 8

Public Comment – At the end of the agenda, an opportunity is also provided for members of the

public to speak on any subject within the Board’s authority. Matters raised under “Public

Comment” may not be acted upon at that meeting. “Public Testimony on any Item” still applies.

Disruptive or Prohibited Conduct – If any meeting of the Board is willfully disrupted by a

person or by a group of persons so as to render the orderly conduct of the meeting impossible,

the Chair may recess the meeting or order the person, group or groups of person willfully

disrupting the meeting to leave the meeting or to be removed from the meeting. Disruptive or

prohibited conduct includes without limitation addressing the Board without first being

recognized, not addressing the subject before the Board, repetitiously addressing the same

subject, failing to relinquish the podium when requested to do so, bringing into the meeting any

type of object that could be used as a weapon, including without limitation sticks affixed to

signs, or otherwise preventing the Board from conducting its meeting in an orderly manner.

Your cooperation is appreciated!

pg. 9

General Practices for Conducting Meetings

of

Board of Directors and Policy Committees

Attendance.

The Chair of the Board or a Policy Committee (Chair) has the option of taking attendance

by Roll Call or Self-Introductions. If attendance is taken by Roll Call, the Clerk of the

Board will call out by jurisdiction or supervisorial district. The Member or Alternate will

respond by stating his/her name. If attendance is by Self-Introduction, the Member or

Alternate will state his/her name and jurisdiction or supervisorial district.

A Member/Alternate, who arrives after attendance is taken, shall announce his/her name

prior to voting on any item.

A Member/Alternate, who wishes to leave the meeting after attendance is taken but

before remaining items are voted on, shall announce his/her name and that he/she is

leaving the meeting.

Basic Agenda Item Discussion.

The Chair announces the agenda item number and states the subject.

The Chair calls upon the appropriate staff member or Board Member to report on the

item.

The Chair asks members of the Board/Committee if they have any questions or

comments on the item. General discussion ensues.

The Chair calls for public comment based on “Request to Speak” forms which may be

submitted.

Following public comment, the Chair announces that public comment is closed and asks

if there is any further discussion by members of the Board/Committee.

The Chair calls for a motion from members of the Board/Committee.

Upon a motion, the Chair announces the name of the member who makes the motion.

Motions require a second by a member of the Board/Committee. Upon a second, the

Chair announces the name of the Member who made the second, and the vote is taken.

The “aye” votes in favor of the motion shall be made collectively. Any Member who

wishes to oppose or abstain from voting on the motion, shall individually and orally state

the Member’s “nay” vote or abstention. Members present who do not individually and

orally state their “nay” vote or abstention shall be deemed, and reported to the public, to

have voted “aye” on the motion.

The Vote as specified in the SANBAG Bylaws.

Each Member of the Board of Directors shall have one vote. In the absence of the

official representative, the alternate shall be entitled to vote. (Board of Directors only.)

Voting may be either by voice or roll call vote. A roll call vote shall be conducted upon

the demand of five official representatives present, or at the discretion of the presiding

officer.

Amendment or Substitute Motion.

Occasionally a Board Member offers a substitute motion before the vote on a previous

motion. In instances where there is a motion and a second, the maker of the original

motion is asked if he or she would like to amend his or her motion to include the

substitution or withdraw the motion on the floor. If the maker of the original motion does

not want to amend or withdraw, the substitute motion is voted upon first, and if it fails,

then the original motion is considered.

Occasionally, a motion dies for lack of a second.

pg. 10

Call for the Question.

At times, a Member of the Board/Committee may “Call for the Question.”

Upon a “Call for the Question,” the Chair may order that the debate stop or may allow for

limited further comment to provide clarity on the proceedings.

Alternatively and at the Chair’s discretion, the Chair may call for a vote of the

Board/Committee to determine whether or not debate is stopped.

The Chair re-states the motion before the Board/Committee and calls for the vote on the

item.

The Chair.

At all times, meetings are conducted in accordance with the Chair’s direction.

These general practices provide guidelines for orderly conduct.

From time-to-time circumstances require deviation from general practice.

Deviation from general practice is at the discretion of the Chair.

Courtesy and Decorum.

These general practices provide for business of the Board/Committee to be conducted

efficiently, fairly and with full participation.

It is the responsibility of the Chair and Members to maintain common courtesy and

decorum.

Adopted By SANBAG Board of Directors January 2008

Revised March 2014

Revised May 4, 2016

Entity: San Bernardino Council of Governments, San Bernardino County Transportation

Authority

Minute Action

AGENDA ITEM: 1

Date: June 13, 2018

Subject:

Information Relative to Possible Conflict of Interest

Recommendation:

Note agenda items and contractors/subcontractors, which may require member abstentions due to

possible conflicts of interest.

Background:

In accordance with California Government Code 84308, members of the Board may not

participate in any action concerning a contract where they have received a campaign contribution

of more than $250 in the prior twelve months from an entity or individual, except for the initial

award of a competitively bid public works contract. This agenda contains recommendations for

action relative to the following contractors:

Item No. Contract No. Principals & Agents Subcontractors

4 181001911 S2 Engineering, Inc.

Sagar Pandey

N/A

Financial Impact:

This item has no direct impact on the budget.

Reviewed By:

This item is prepared monthly for review by Board and Committee members.

Responsible Staff:

Duane Baker, Deputy Executive Director

Approved

General Policy Committee

Date: June 13, 2018

Witnessed By:

1.1

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Authority

Minute Action

AGENDA ITEM: 2

Date: June 13, 2018

Subject:

May 2018 Procurement Report

Recommendation:

Receive the May 2018 Procurement Report.

Background:

The Board of Directors adopted the Contracting and Procurement Policy (Policy No. 11000) on

January 3, 1997, and approved the last revision on January 4, 2017. The Board of Directors

authorized the Executive Director, or designee, to approve: a) contracts and purchase orders up

to $100,000 and for purchase orders originally $100,000 or more, increasing the purchase order

amount up to 10% of the original purchase order value, not-to-exceed $25,000; b) amendments

with a zero dollar value; c) amendments to exercise the option term if the option term was

approved by the Board of Directors in the original contract; and d) amendments that

cumulatively do not exceed 50% of the original contract value or $100,000, whichever is less

and to release Request for Proposal (RFP), Request for Qualification (RFQ) and Invitation for

Bid (IFB) for proposed contracts from which funding has been approved in the Annual Budget,

and which are estimated not-to-exceed $1,000,000.

The Board of Directors further authorized General Counsel to award and execute legal services

contracts up to $100,000 with outside counsel as needed. A list of all Contracts and Purchase

Orders that were executed by the Executive Director and/or General Counsel during the month of

May 2017 is presented herein as Attachment A, and all RFPs and IFBs are presented in

Attachment B.

Financial Impact:

This item is consistent with the Fiscal Year 2017/2018 budget. Presentation of the monthly

procurement report demonstrates compliance with the Contracting and Procurement Policy.

Reviewed By:

This item is not scheduled for review by any other policy committee or technical advisory

committee.

Responsible Staff:

Hilda Flores, Chief Financial Officer

Approved


Date: June 13, 2018

Witnessed By:

2

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Attachment A

May Contract Actions

New Contracts Executed:

Contract No.

Description of

Specific Services Vendor Name

Dollar

Amount

Description of

Overall Program

None

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Attachment A

May Amendment Actions

Contract Amendments Executed:

Contract No.

& Amendment

No.

Reason for

Amendment (include a

description of the

amendment)

Vendor Name

Previous

Amendments &

Dollar Values

Dollar

Amount of

Amendment

Amended

Contract Total

17-1001582

Amendment1

Amendment to

increase the scope of

work and contract

amount. Project:

Sharepoint 2013

Deployment and

Migration

Agiline, LLC Original

$35,745.00

$15,000.00 $50,745.00

C12141

Amendment 5

Extended the contract

through 6/30/19.

Project: Assist in the

Formation and

Operation of the

PACE Program

Public

Financial

Management

LLC

Original

$0.00

Amendment 1

$1,750,000.00

Amendment 2

($385,800.00)

Amendment 3

$0.00

Amendment 4

$0.00

$0.00 $1,364,200.00

17-1001615

Amendment 1

Amendment added

additional funds for

new reports and for

examining

documentation for

capital assets. Project:

Professional Audit

Services

Crowe

Horwath LLP

Original

$585,000.00

$72,000.00 $657,000.00

C12242

Amendment 2

Amendment to

exercise second option

year. Project: On-Call

Right of Way Services

Epic Land

Solutions

Original

$2,400,000.00

Amendment 1

$0.00

$0.00 $2,400,000.00

C12244

Amendment 2

Amendment to

exercise second option

year. Project: On-Call

Right of Way Services

Overland

Pacific and

Cutler, Inc.

Original

$2,400,000.00

Amendment 1

$0.00

$0.00 $2,400,000.00

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Contract No.

& Amendment

No.

Reason for

Amendment (include a

description of the

amendment)

Vendor Name

Previous

Amendments &

Dollar Values

Dollar

Amount of

Amendment

Amended

Contract Total

17-1001708

Amendment 1

Amendment to

increase not to exceed

amount for larger open

street event. Project:

Mobile Source

Reduction Review

Committee (MSRC)

Partnership Program

Contract for Open

Streets Event

City of Rialto Original

$70,000.00

$23,163.48 $93,163.48

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Attachment A

May Contract Task Order Actions

Contract Task Order (CTO) Executed:

Contract No.

& CTO No.

Description of CTO Vendor

Name

Contract

Amount

Previously

Issued CTOs

Dollar

Amount of

CTO

17-1001741

CTO 6

Labor Compliance

Project Audit Review

Services for CM and

Construction Project for

Transit.

GCAP

Services

$300,000

shared with

Gafcon (17-

1001664)

Various CTOs

totaling

$2,12,365.50

not including

CTO 6

Original

$56,922.00

C14185

CTO 6

Amendment 1

Extension for a

temporary receptionist

employee.

Apple One $1,000,000

Shared with

MACS

(C14184) and

JM Staffing

(C14134)

Various CTOs

totaling

$203,869.03

not including

CTO 6

Original

$13,000.00

Amendment 1

$4,760.00

Total

$17,760.00

00-1000940

CTO 62

Upland Station Parking

Lot Expansion includes

the development of a

concept plan, cost

estimate and schedule

that will assist SBCTA

in determining how to

proceed with the next

phase of the Project.

WSP USA,

Inc.

$26,750,000.00

shared with

Mott

MacDonald

(C14003)

Various CTOs

totaling

$5,192,655.31

not including

CTO 62

Original

$29,616.00

15-1001226

CTO 18

Pre-award Audit for

US 395.

Conrad

LLC

$500,000

shared with

Macia Gini &

O’Connell (15-

1001061)

Various CTOs

totaling

$267,056.50

not including

CTO 18

Original

$32,920.00

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Attachment A

May Purchase Order Actions

Purchase Orders:

PO No.

PO Issue

Date Vendor Name Description of Services

PO Dollar

Amount

4001757 05/02/18 G/M Business

Interiors

Room 8 Reconfiguration $21,000.00

4001758 05/02/18 G/M Business

Interiors

Room 23 Reconfiguration $12,000.00

4001759 05/02/18 G/M Business

Interiors

GMBI Open PO for Misc. Furniture Items $6,000.00

4001769 05/02/18 County San

Bernardino,

Information

Services Dept.

Street Network Subscription-Aerial Imagery $7,500.00

4001774 05/16/18 Nth Generation

Computing, Inc.

Firewall and Wireless AP System $5,668.92

4001773 05/16/18 HDR

Engineering, Inc.

Electric Vehicle Charging Site Planning and

Support Services

$51,300.00

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Attachment A

May Purchase Order Amendment Actions

Purchase Order Amendments Executed:

Purchase Order

No. &

Amendment No.

Description of

Services and

Reason for

Amendment

Vendor Name

Previous

Amendments

& Dollar

Values

Dollar

Amount of

Amendment

Amended PO

Total

4001761

Amendment 1

Permit for SB

County SR 210

Widening Project

– Correction of

General Ledger

String

San Bernardino

County Dept. of

Public Works

$10,900.00 $0.00 $10,900.00

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Attachment B

May RFP’s and IFB’s

Release of RFP’s and IFB’s

Release

Date

RFP/IFB No.

Description of

Services

Anticipated

Dollar

Amount

Anticipated

Award Date

Description of

Overall Program

and Program

Budget

None

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Authority

Minute Action

AGENDA ITEM: 3

Date: June 13, 2018

Subject:

Budget to Actual Report for Third Quarter Ending March 31, 2018

Recommendation:

Receive and file Budget to Actual Report for third quarter ending March 31, 2018.

Background:

The Budget for Fiscal Year 2017/2018 was adopted by the Board of Directors on June 7, 2017.

This report provides a summary of program activity and task activity compared to Budget based

on the new string structure implemented in Fiscal Year 2017/2018. Budgetary information

includes the original and revised budgets and expenditures as of March 31, 2018.

The report is categorized by Fund group and includes original and revised budget, actual revenue

and expenditures, and percentage of the budget remaining through March 31, 2018.

The following is an explanation for significant percentage change by Fund type:

General Fund

A. Revenues:

1. Measure I Sales Tax revenue is low since July, August, and a portion of September

receipts pertain to the prior fiscal year.

2. Sales Tax – Local Transportation Fund revenues are low as funds are on a reimbursement

basis and depend on the timing of expenditures.

3. Charges for Services – Right of Way lease and administrative revenues are lower than

budgeted as they fluctuate depending on demand.

4. Investment earnings are not budgeted and interest is distributed to the appropriate funds

at year-end based on ending cash balances.

B. Expenditures:

1. Expenditures to date are low and can be due to timing of capital expenditures, which can

take several years.

Federal Highway Fund

A. Revenues:

1. The timing for collections of revenues fluctuates as all federal grants are on a

reimbursement basis.

B. Expenditures:


take several years and also due to the time needed to implement the Trip

Reduction/Rideshare and 511 Programs.

C. Other Financing Sources:

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General Policy Committee Agenda Item

June 13, 2018

Page 2



1. Operating transfers in are not budgeted since they are unknown during the budget

development process. The amount represents change in funding sources. The operating

transfer out of $1.6 million reduces the need to use Measure I funds as a federal highway

grant was secured to cover capital project expenditures.

Federal Transit Administration Fund

A. Revenues:

1. The timing for collections of revenues fluctuates as all federal grants are on a


B. Expenditures:

1. Expenditures to date are low and can be due to timing of capital expenditures and also

due to the time needed to implement the vanpool program.

State Highway Fund

A. Revenues:

1. The timing for collections of revenues fluctuates as most state grants are on a


B. Expenditures:

1. Expenditures for the Major Projects Delivery program are negative due to proceeds from

land sales that were credited back to reduce project expenditures.

Proposition 1B Fund

A. Revenues:

1. The revenue is higher than budgeted due to receiving grant revenue for the Redlands

Passenger Rail Project that was applied for after the budget was developed.

B. Expenditures:


take several years.



development process. The amount represents change in funding sources.

Local Transportation Fund (LTF)

A. Revenues:

1. LTF revenue is low since July, August, and portion of September receipts pertain to the

prior fiscal year.

2. Investments earnings are not budgeted.

B. Expenditures:

1. Funds are encumbered to ensure funds are available to pay for the allocations approved

by the Board.

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State Transit Assistance Fund

A. Revenues:

1. The timing for recording of revenues fluctuates based on the period of performance upon

distribution from the state.


B. Expenditures:

1. Funds are encumbered to ensure funds are available to pay for the allocations approved

by the Board.

Measure I 1990-2010 Fund

A. Revenues:

1. Measure I 1990-2010 ended on March 31, 2010 and only Interest is accrued based on

cash balances at the end of the fiscal year.

B. Expenditures:


take several years.



development process. The amount represents change in funding sources.

Measure I 2010-2040 Fund

A. Revenues:

1. Measure I Sales Tax revenue is low since July, August, and a portion of September

receipts pertain to the prior fiscal year.

2. Investments earnings are low because they are recorded in the General Fund and

distributed at the end of the fiscal year.

B. Expenditures:


take several years.

2. Expenditures for Fund Administration and Programming are at 100% as funds are

encumbered to ensure they are available to pay for the allocations approved by the Board.



development. The amounts represent change in funding sources. The net increase of

$1.6 million reduces the need to use Measure I funds since a federal highway grant was

secured to cover the expenditures.

Capital Projects Fund

A. Revenues:

1. The timing for collections of revenues fluctuates as most projects are funded on a


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June 13, 2018

Page 4




3. Miscellaneous revenue represents proceeds from the sale of Ryder trucks which will be

reimbursed to the Department of Energy.

B. Expenditures:

1. Expenditures for the Environment and Energy Conservation Program are over budget as

the budget adjustment for the pass-through payment to the Department of Energy for the

sale of Ryder trucks is taking place in the fourth quarter.


take several years.

3. Expenditures for the Major Projects Delivery program are negative as reversals of prior

year estimates are higher than expenditures incurred to date.

Nonmajor Governmental Fund

A. Revenues:

1. The timing for collections of revenues fluctuates as most of the state grants are on a


B. Expenditures:


take several years.

2. Expenditures for the Regional and Subregional Planning program are negative as

reversals of prior year estimates are higher than expenditures incurred to date.

Council of Governments Fund

A. Revenues:

1. The timing of collection of revenues fluctuates as this program is mostly funded on a

reimbursement basis or with special assessments that are billed once a year.

2. Miscellaneous revenue is significantly lower since the Property Assessed Clean Energy

(PACE) program was cancelled.

B. Expenditures:

1. Expenditures to date are low as expected due to the decline in PACE revenue.

Enterprise Fund

A. Revenues:

1. Transfer of funds is not recorded as the Toll Administrator position has not been filled.

B. Expenditures:

1. No expenditures to date.

Financial Impact:

This item reports the status of expenditures and revenues against budget and imposes no

financial impact on the Fiscal Year 2017/2018 Budget.

Reviewed By:


committee.

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June 13, 2018

Page 5



Responsible Staff:

Beatriz Valdez, Chief of Fiscal Resources

Approved


Date: June 13, 2018

Witnessed By:

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2017-2018

Original

Budget Amendments

2017-2018

Revised

Budget

Actual Revenues

& Expenditures

to Date Encumbrances Balance

% of Budget

Remaining

GENERAL FUND

RevenuesSales Tax-MSI 1,609,750 - 1,609,750 962,980 - 646,770 40.18%

Sales Tax-LTF 34,423,507 - 34,423,507 9,915,161 - 24,508,346 71.20%

Intergovernmental - 236,050 236,050 76,916 - 159,134 67.42%

Charges for Services 445,000 663,353 1,108,353 512,931 - 595,422 53.72%

Investment Earnings - - - 2,721,396 - (2,721,396) 0.00%

Miscellaneous 17,932 361 18,293 9,255 - 9,038 49.41%

Total Revenues 36,496,189 899,764 37,395,953 14,198,639 - 23,197,314 62.03%

ExpendituresGeneral Government 3,278,643 262,947 3,541,590 2,719,559 43,025 779,006 22.00%

Regional & Subregional Planning 1,393,665 625 1,394,290 819,575 - 574,715 41.22%

Transit 48,349,339 5,950,621 54,299,960 25,329,767 2,668,172 26,302,021 48.44%

Major Projects Delivery 144,415 - 144,415 - 1,839 142,576 98.73%

Fund Administration and Programming 468,104 - 468,104 361,130 5,887 101,087 21.59%

Total Expenditures 53,634,166 6,214,193 59,848,359 29,230,031 2,718,923 27,899,405 46.62%

Other Financing Sources

Transfers out - 45,654 45,654 45,654 - - 0.00%

Total Other Financing Sources - 45,654 45,654 45,654 - - 0.00%

Revenues Over (Under) Expenditures (17,137,977) (5,360,083) (22,498,060) (15,077,046) (2,718,923) (4,702,091)

FEDERAL HIGHWAY FUND

RevenuesIntergovernmental 68,906,119 - 68,906,119 18,256,183 - 50,649,936 73.51%

Investment Earnings - - - 4,198 - (4,198) 0.00%

Total Revenues 68,906,119 - 68,906,119 18,260,381 - 50,645,738 73.50%

ExpendituresCommuter and Motorist Assistance 1,420,176 - 1,420,176 39,840 25,409 1,354,927 95.41%

Major Projects Delivery 67,485,943 (1,555,259) 65,930,684 17,671,724 44,265 48,214,695 0.00%

Total Expenditures 68,906,119 (1,555,259) 67,350,860 17,711,564 69,674 49,569,622 73.60%


Transfers in - - - (2,000) - 2,000 0.00%

Transfers out - 1,555,259 1,555,259 1,555,259 - - 0.00%

Total Other Financing Sources - 1,555,259 1,555,259 1,553,259 - 2,000 0.00%

Revenues Over (Under) Expenditures - - - (1,004,442) (69,674) 1,074,116

FEDERAL TRANSIT ADMINISTRATION FUND

Revenues

Intergovernmental 2,244,300 (360,000) 1,884,300 - - 1,884,300 100.00%

Total Revenues 2,244,300 (360,000) 1,884,300 - - 1,884,300 100.00%

ExpendituresCommuter and Motorist Assistance 1,634,300 - 1,634,300 305,421 8,900 1,319,979 80.77%

Transit 610,000 (360,000) 250,000 - - 250,000 100.00%

Total Expenditures 2,244,300 (360,000) 1,884,300 305,421 8,900 1,569,979 83.32%

Revenues Over (Under) Expenditures - - - (305,421) (8,900) 314,321

STATE HIGHWAY FUND

RevenuesIntergovernmental 5,885,000 3,298,941 9,183,941 554,799 - 8,629,142 93.96%


Total Revenues 5,885,000 3,298,941 9,183,941 577,466 - 8,606,475 93.71%

ExpendituresMajor Projects Delivery 4,615,000 3,298,941 7,913,941 (821,573) - 8,735,514 110.38%

Fund Administration and Programming 1,270,000 - 1,270,000 974,137 - 295,863 23.30%

Total Expenditures 5,885,000 3,298,941 9,183,941 152,564 - 9,031,377 98.34%

Revenues Over (Under) Expenditures - - - 424,902 - (424,902)

Third Quarter Budget to Actual Report

Fiscal Year 2017-2018

March 31, 2018

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Original

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2017-2018

Revised

Budget

Actual Revenues

& Expenditures


% of Budget

Remaining



March 31, 2018

PROPOSITION 1B FUND

RevenuesIntergovernmental 2,231,837 447,593 2,679,430 3,126,021 - (446,591) -16.67%

Investment Earnings - 214,997 214,997 230,072 - (15,075) -7.01%

Total Revenues 2,231,837 662,590 2,894,427 3,356,093 - (461,666) -15.95%

ExpendituresTransit 1,004,837 4,940,140 5,944,977 492,968 - 5,452,009 91.71%

Major Projects Delivery 2,231,837 (10,460) 2,221,377 329,863 - 1,891,514 85.15%

Total Expenditures 3,236,674 4,929,680 8,166,354 822,831 - 7,343,523 89.92%


Transfers in - - - (11,471) 11,471 0.00%

Transfers out - 360 360 360 - - 0.00%

Total Other Financing Sources - 360 360 (11,111) - 11,471 0.00%

Revenues Over (Under) Expenditures (1,004,837) (4,267,450) (5,272,287) 2,544,373 - (7,816,660)

LOCAL TRANSPORTATION FUND

Revenues

Sales Tax-LTF 62,095,552 - 62,095,552 55,752,326 - 6,343,226 10.22%


Total Revenues 62,095,552 - 62,095,552 56,104,890 - 5,990,662 9.65%

Expenditures

Transit 86,700,000 - 86,700,000 65,937,035 20,762,965 - 0.00%

Total Expenditures 86,700,000 - 86,700,000 65,937,035 20,762,965 - 0.00%

Revenues Over (Under) Expenditures (24,604,448) - (24,604,448) (9,832,145) (20,762,965) 5,990,662

Note: Sales Tax - LTF is net of the amount allocated to SBCTA and accounted for in the General Fund.

STATE TRANSIT ASSISTANCE FUND

Revenues

Intergovernmental 9,791,716 - 9,791,716 6,183,525 - 3,608,191 36.85%


Total Revenues 9,791,716 - 9,791,716 6,442,218 - 3,349,498 34.21%

Expenditures

Transit 15,607,550 - 15,607,550 1,417,831 14,189,719 - 0.00%

Total Expenditures 15,607,550 - 15,607,550 1,417,831 14,189,719 - 0.00%

Revenues Over (Under) Expenditures (5,815,834) - (5,815,834) 5,024,387 (14,189,719) 3,349,498

Note: Intergovernmental revenue (from State Transit Assistance) is net of the amount allocated to SBCTA and accounted for in the General Fund.

MEASURE I 1990-2010 FUND

RevenuesIntergovernmental - - - - - 0.00%

Investment Earnings 30,000 - 30,000 5,681 - 24,319 81.06%

Total Revenues 30,000 - 30,000 5,681 - 24,319 81.06%

Expenditures

Major Projects Delivery 8,814,125 117,720 8,931,845 543,302 48,563 8,339,980 0.00%

Total Expenditures 8,814,125 117,720 8,931,845 543,302 48,563 8,339,980 0.00%


Transfers in - - - (43,579) - 43,579 0.00%

Total Other Financing Sources - - - (43,579) - 43,579 0.00%

Revenues Over (Under) Expenditures (8,784,125) (117,720) (8,901,845) (494,042) (48,563) (8,359,240)

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Original

Budget Amendments

2017-2018

Revised

Budget

Actual Revenues

& Expenditures


% of Budget

Remaining



March 31, 2018

MEASURE I 2010-2040 FUND

RevenuesSales Tax-MSI 159,365,250 - 159,365,250 95,334,954 - 64,030,296 40.18%

Investment Earnings 2,062,284 - 2,062,284 114,963 - 1,947,321 94.43%

Total Revenues 161,427,534 - 161,427,534 95,449,917 - 65,977,617 40.87%

ExpendituresGeneral Government 1,647,343 136,792 1,784,135 447,519 200 1,336,416 74.91%

Environment and Energy Conservation 733,947 (372,000) 361,947 224,140 - 137,807 38.07%

Commuter and Motorist Assistance 1,699,871 15,000 1,714,871 450,277 27,001 1,237,593 72.17%

Regional & Subregional Planning 1,344,522 833 1,345,355 707,151 10,500 627,704 46.66%

Transit 50,786,835 516,443 51,303,278 11,261,473 8,297,472 31,744,333 61.88%

Major Projects Delivery 70,831,580 (5,036,400) 65,795,180 8,826,792 722,866 56,245,522 85.49%

Fund Administration and Programming 73,600,936 (4,723,855) 68,877,081 34,159,434 34,717,647 - 0.00%

Debt Service 12,397,301 - 12,397,301 12,391,800 1,000 4,501 0.04%

Total Expenditures 213,042,335 (9,463,187) 203,579,148 68,468,586 43,776,686 91,333,876 44.86%


Transfers in - - - (1,983,978) - 1,983,978 0.00%

Transfers out 162,329 12,022,014 12,184,343 12,022,014 - 162,329 1.33%

Total Other Financing Sources 162,329 12,022,014 12,184,343 10,038,036 - 2,146,307 17.62%

Revenues Over (Under) Expenditures (51,777,130) (2,558,827) (54,335,957) 16,943,295 (43,776,686) (27,502,566)

Note: Sales tax - MSI is net of the 1% for Measure I Administration and accounted for in the General Fund.

CAPITAL PROJECTS FUND

RevenuesIntergovernmental 19,777,932 1,500,375 21,278,307 3,223,543 - 18,054,764 84.85%


Miscellaneous 78,073 - 78,073 489,386 - (411,313) -526.83%

Total Revenues 19,856,005 1,500,375 21,356,380 4,253,567 - 17,102,813 80.08%

ExpendituresEnvironment and Energy Conservation - - 410,172 (410,172) 0.00%

Commuter and Motorist Assistance 600,000 - 600,000 - - 600,000 100.00%

Regional & Subregional Planning 225,000 - 225,000 48,628 - 176,372 78.39%

Transit 5,355,118 (604,625) 4,750,493 612,475 242,119 3,895,899 82.01%

Major Projects Delivery 17,146,790 4,555,286 21,702,076 (1,779,017) 39,753 23,441,340 108.01%

Fund Administration and Programming 150,000 63,470 213,470 63,469 150,001 - 0.00%

Total Expenditures 23,476,908 4,014,131 27,491,039 (644,273) 431,873 27,703,439 100.77%


Operating Transfers In - - - (55,132) - 55,132 0.00%

Operating Transfers Out - 28,016 28,016 13,263 - 14,753 52.66%

Total Other Financing Sources - 28,016 28,016 (41,869) - 69,885 249.45%

Revenues Over (Under) Expenditures (3,620,903) (2,541,772) (6,162,675) 4,939,709 (431,873) (10,670,511)

NONMAJOR GOVERNMENTAL FUNDS

RevenuesIntergovernmental 11,631,892 252,606 11,884,498 1,903,109 - 9,981,389 83.99%

Charges for Services - - 944 (944) 0.00%


Miscellaneous 121,425 - 121,425 39,177 - 82,248 67.74%

Total Revenues 11,753,317 252,606 12,005,923 1,954,793 - 10,051,130 83.72%

ExpendituresGeneral Government 559,957 - 559,957 155,879 - 404,078 72.16%

Environment and Energy Conservation 4,500,000 372,000 4,872,000 119,214 71,847 4,680,939 96.08%

Commuter and Motorist Assistance 3,468,382 707,431 4,175,813 1,883,078 38,590 2,254,145 53.98%

Regional & Subregional Planning 1,685,904 (149,391) 1,536,513 (34,068) - 1,570,581 102.22%

Transit 629,599 - 629,599 - - 629,599 100.00%

Major Projects Delivery 1,000,000 - 1,000,000 132,172 - 867,828 86.78%

Total Expenditures 11,843,842 930,040 12,773,882 2,256,275 110,437 10,407,170 81.47%

Revenues Over (Under) Expenditures (90,525) (677,434) (767,959) (301,482) (110,437) (356,040)

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2017-2018

Revised

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March 31, 2018

COUNCIL OF GOVERNMENTS FUND

RevenuesIntergovernmental 103,467 - 103,467 - - 103,467 100.00%

Special Assessments 200,187 34,800 234,987 200,187 - 34,800 14.81%

Investment Earnings - - - 989 - (989) 0.00%

Miscellaneous 2,809,229 28,903 2,838,132 247,112 - 2,591,020 91.29%

Total Revenues 3,112,883 63,703 3,176,586 448,288 - 2,728,298 85.89%

ExpendituresGeneral Government 1,444,847 63,700 1,508,547 496,282 - 1,012,265 67.10%

Environment and Energy Conservation 1,880,359 - 1,880,359 146,791 90,000 1,643,568 87.41%

Regional & Subregional Planning 20,376 - 20,376 - - 20,376 100.00%

Total Expenditures 3,345,582 63,700 3,409,282 643,073 90,000 2,676,209 78.50%

Revenues Over (Under) Expenditures (232,699) 3 (232,696) (194,785) (90,000) 52,089

ENTERPRISE FUND

Revenues

Toll Revenues - - - - - - 0.00%

Total Revenues - - - - - - 0.00%

Expenditures

Enterprise 162,329 - 162,329 - - 162,329 100.00%

Total Expenditures 162,329 - 162,329 - - 162,329 100.00%


Transfers in (162,329) - (162,329) - - (162,329) 100.00%

Total Other Financing Sources (162,329) - (162,329) - - (162,329) 100.00%

Revenues Over (Under) Expenditures (324,658) - (324,658) - - (324,658)

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Entity: San Bernardino County Transportation Authority

Minute Action

AGENDA ITEM: 4

Date: June 13, 2018

Subject:

San Bernardino Santa Fe Depot Structural Repairs Construction Management Services Contract

Award

Recommendation:

That the General Policy Committee recommend the Board, acting as the San Bernardino County


A. Authorize the Executive Director or designee to award and execute Contract No. 18-1001911

with S2 Engineering, Inc. for Construction Management Services for the Santa Fe Depot

Structural Repairs Project in an amount of $99,162.82 after Caltrans’ approval of Exhibit 10-C,

Consultant Contract Reviewer Checklist.

B. Approve a contingency amount for Contract No. 18-1001911 of $9,916.28 and authorize the

Executive Director or designee to release contingency as necessary for the project for a total not-

to-exceed amount of $109,079.10.

Background:

On March 7, 2018, the Board of Directors acting as the San Bernardino County Transportation

Authority (SBCTA) approved the release of Request for Proposals (RFP) No. 18-1001911 for

Construction Management Services associated with the San Bernardino Santa Fe Depot

Structural Repairs Project (Project). The RFP was released on March 20th

and was sent to 606

vendors and downloaded by 53 vendors. The RFP was also posted on SBCTA’s website.

The solicitation was issued in accordance with current SBCTA policies and procedures for

Architectural & Engineering services.

A Pre-Proposal meeting was held on April 5, 2018, followed by a project site walk-through

attended by eleven (11) individuals representing six (6) different firms. Two additional walk-

throughs were provided for interested firms on April 11th

and April 16th

. A total of five (5)

addendums were released responding to questions and other minor changes.

Three (3) proposals were received by the date and time specified in the RFP. The firms who

submitted bids were, in alphabetical order: Arcadis U.S., Inc.; S2 Engineering, Inc.; and Z&K

Consultants, Inc.

The following is a summary of the evaluation and selection process.

On April 26, 2018, three (3) proposals were received and were distributed to the evaluation

committee members along with Score Sheets and the Declaration of Impartiality and

Confidentiality forms. The evaluation committee was comprised of three representatives from

SBCTA. Their review of the proposals was based on the following evaluation criteria:

Qualifications, Related Experience, and References - 25%, Proposed Staffing and Project

Organization - 45%, and Work Plan - 30%. After the review, all proposing firms were deemed

qualified and experienced, thereby meeting the RFP requirements, and were invited to interview

for the project. A short-list meeting was deemed unnecessary; however, prior to interviews the

evaluation committee met for open discussions of individual reviews of each proposal according

to the evaluation criteria, including the proposal's strengths and weaknesses.

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On May 16, 2018, interviews were conducted with the three firms. At the completion of the

interviews, the Evaluation Committee separately scored the interviews. The assigned weighting

between the proposals and interviews was 40% and 60%, respectively.

Based on a tally of scores received on the proposals and the interviews, the panel agreed to

recommend the selection of S2 Engineering, Inc. for award of Contract No. 18-1001911.

The selection panel deemed S2 Engineering, Inc. as the most qualified and most available team

to provide the services requested based on the panel’s review of the proposal and evaluation of

the interview and the resultant scoring.

Subsequent to the panel’s recommendation for selection, SBCTA staff negotiated a final cost and

scope with the consultant for a contract amount of $99,162.82.

Staff recommends approval of Contract No. 18-1001911 with S2 Engineering, Inc. for

Construction Management Services for the San Bernardino Santa Fe Depot Structural Repairs

Project for a contract amount of $99,162.82. Staff is also recommending that the Board approve

a 10% contingency for Contract No. 18-1001911 in the amount of $9,916.28 for a total not-to-

exceed amount of $109,079.10, and authorize the Executive Director or designee to release

contingency funds as necessary for the project.

Financial Impact:

This item is consistent with the adopted SBCTA Fiscal Year 2018/2019 Budget under Task No.

0805 Building Operation.

Reviewed By:


committee. SBCTA General Counsel and Procurement Manager have reviewed this item and the

draft contract.

Responsible Staff:


Approved


Date: June 13, 2018

Witnessed By:

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Contract No:

Vendor/Customer Name: Sole Source? Yes X No

Description:

Start Date: Expiration Date:

Has Contract Term Been Amended? X No

List Any Related Contracts Nos.:

Original Contract Original Contingency

Revised Contract Revised Contingency

(Inclusive of Prior (Inclusive of Prior

Amendments) Amendments)

Current Amendment Contingency Amendment

TOTAL CONTRACT VALUE TOTAL CONTINGENCY VALUE

TOTAL DOLLAR AUTHORITY

(Contract Value and Contingency)

Executive Director Date:

Executive Director Action:

X Board of Directors Date:

Board of Directors Action:

X

Invoice Warning: Renewals: Type: Capital PAA X Other

Retention: Maximum Retention:

Services: Construction Intrgrnt/MOU/COOP X A & E Services Other Professional Services

Disadvantaged Business Enterprise (DBE) Goal

E-76 and/or CTC Date (Attach Copy) Program Supplement No.:

Finance Letter Reversion Date:

All of the above MUST be submitted to FINANCE including originals, amendments and miscellaneous transaction changes

Amendment No.: Vendor No.: 03403

S2 Engineering, Inc.

Construction Management Services for the San Bernardino Santa Fe Depot Structural Repairs

99,162.82$

-$

-$

99,162.82$

-$

9,916.28$

109,079.10$

Approve Contract 18-1001911

%

Project Manager: Tim Kirkley

Revised Expiration Date:

18-1001911

20%

EA No.:

07/11/2018

Contract Summary Sheet

Dollar Amount

9,916.28$

-$

-$

General Contract Information

Contract Management: Receivable

Contract Management: Payable/Miscellaneous

Contract Authorization

06/30/201907/11/2018

Yes - Please Explain


5/2015

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EXHIBITA - SCOPE OF WORK

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INDEX

A. DESCRIPTION OF SERVICES

B. PERFORMANCE REQUIREMENTS

C. DUTIES AND RESPONSIBILITIES

1. Pre-construction Services

2. Bid Process

3. Project Administration

4. Construction Coordination

5. Construction Inspection

6. Project Support

7. Cost and Schedule

8. Change Orders and Claims

9. Safety

10. Project Close Out

D. DELIVERABLES

E. EQUIPMENT AND MATERIALS TO BE PROVIDED BY CONSULTANT

F. MATERIALS TO BE FURNISHED BY SBCTA

G. STANDARDS

H. AVAILABILITY AND WORK HOURS

I. LIMITATIONS TO AUTHORITY

J. THIRD PARTY RELATIONSHIPS

K. CONSTRUCTION SITE SAFETY

L. PERSONNEL QUALIFICATIONS

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A. DESCRIPTION OF SERVICES

The San Bernardino County Transportation Authority (SBCTA) will utilize the services of

CONSULTANT to support the construction activities for the Project. The CONSULTANT will

provide construction management, materials testing, construction surveying and source inspection

for the Project. A description of the Project is given below.

Project General Description

The Santa Fe Depot was built in 1918 to serve as a railway station and has undergone

renovations and seismic upgrades. It currently houses the San Bernardino County Transportation

Authority along with San Bernardino History and Railroad Museum, Local Agency Formation

Commission (LAFCO), Southern California Association of Governments (SCAG) and the San

Bernardino/Santa Fe Train Station.

It is one (1) structure with three (3) distinct plan sections: the Central Building, the East Wing

and the West Wing. The total building dimensions are about 90 feet by 480 feet. The Central

Building is two (2) stories with an attic and small concrete basement. The East and West Wings

are two (2) stories with a partial concrete basement.

Over time, the East and West Wing basements have experienced deterioration and corrosion in

multiple gravity support concrete elements. Engineering analysis by Degenkolb Engineers

(ENGINEER) has determined repairs are needed. Temporary shoring has been installed below

four (4) gravity beams in the East Wing. The planned structural repairs will include both wall

and ceiling repairs. All work will be completed from within the Basement areas, without

requiring access to the occupied spaces above. Repairs are anticipated to be made after normal

business hours at night (8pm to 6am) and on weekends. CONSULTANT services will be funded

with State funds (anticipate State of Good Repair (SGR) Program funds).

SBCTA intends to advertise, award and administer one construction contract for this project using

state funds. The successful consultant firm will provide the construction management and support

services.

Services

Services are anticipated to generally include, but are not limited to the following: participation in

the evaluation of scheduling of the proposed project; plan check review assistance,

constructability review; construction project advertising, bid analysis, and award; construction

inspection (structural, electrical, mechanical, plumbing); materials testing, contractor interface

and contract administration; office engineering; and other assorted duties as appropriate in

managing construction of a building improvement project under a City permit.

Structural calculations and drawings will be submitted by SBCTA to the City of San Bernardino

for plan check review. CONSULTANT will assist SBCTA and ENGINEER to complete and

submit the required forms, fees, and paperwork in order to submit the drawings, and move them

through the approval process. CONSULTANT will also be responsible for submitting and

picking up drawings from the City (for plan check comments and final approval). Repairs may

require temporary relocation/modifications of existing mechanical, electrical and plumbing

(MEP) facilities.

CONSULTANT shall have a thorough understanding of Building Standards and “permit process”

adopted by the State of California and the City of San Bernardino. These standards include the

California Building, Electrical, Plumbing, Mechanical, and Energy Codes, and Disabled Access

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Regulations contained in Title 24 of the California Code of Regulations.

It is expected that the CONSULTANT will assign a part-time Project Manager/Resident

Engineer/Office Engineer and a full-time Building Inspector to coordinate all contract and

personnel activities for all phases of construction. Inspector should be experienced in structural

repairs and MEP facilities. Other inspection personnel may be assigned to direct and coordinate

all project specific field activities and responsibilities as needed for satisfactory performance on

the project.

The Resident Engineer assigned for this project shall be licensed as a Professional Civil Engineer

in the State of California at the time of proposal submittal through the duration of the contract.

Insofar as the CONSULTANT’s approach described in the Proposal, the scope of responsibility

and the total number of personnel assigned to each phase is left to the discretion of the Consultant

SBCTA anticipates that the total contract will be approximately 12 months in duration, with

preconstruction services starting in July 2018, advertise construction contract in January 2019,

award construction contract in March 2019, with 45 days procurement, construction starting in

April 2019, and ending in July 2019 (3 Months), The estimated construction capital cost of the

project is about $550,000.

CONSULTANT shall provide qualified construction management and inspection, materials

testing, personnel to perform a wide variety of construction management, support and contract

administration duties as outlined in this Scope of Services for the Project.

The SBCTA Director of Project Delivery has designated a Project Manager to coordinate all

construction activities.

Mr. Mike Barnum, Construction Manager

The CONSULTANT shall report to and receive direction from SBCTA through the Project

Manager, or his designees. The SBCTA Project Manager is responsible for coordination of all

SBCTA construction activities and for coordinating the efforts of the total construction team.

The SBCTA Project Manager will be the main contact and primary source of information

between SBCTA, cities, outside agencies, supporting consultants and the public for the

construction projects.

B. PERFORMANCE REQUIREMENTS

Construction Management: CONSULTANT shall furnish a Project Manager to coordinate

CONSULTANT operations with SBCTA. The Project Manager shall be responsible for all

matters related to CONSULTANT personnel and operations. The Project Manager may also serve

as the Resident Engineer.

CONSULTANT shall also furnish a Resident Engineer. The Resident Engineer shall be assigned

to direct and coordinate construction activities under this contract. The Resident Engineer shall

be a Civil Engineer registered in the State of California and shall be in responsible charge of

construction management and construction activity within the Project.

CONSULTANT shall also furnish a Building Inspector. A current certification as a California

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Residential or California Commercial Building Inspector, or California Residential or California

Commercial Plumbing, Mechanical, or Electrical Inspector from the International Code Council

(ICC) and/or other nationally recognized certification agencies and a minimum of two years of

paid experience is desired.

The number of CONSULTANT personnel assigned to the Project will vary throughout the

duration of the contract. CONSULTANT personnel will be assigned, in varying levels of

responsibility, as needed by the CONSULTANT to meet the Project schedule, Project

requirements, and construction activities.

Resumes of personnel must be submitted to SBCTA for review and approval prior to assignment

to the Project. SBCTA and CONSULTANT will jointly determine the quality and quantity of

services that are required by CONSULTANT personnel. Personnel selected for assignment by

CONSULTANT shall be made available for personal interviews prior to acceptance by SBCTA.

If, in the opinion of SBCTA, an individual lacks adequate experience, the individual may be

rejected or may be accepted on a trial basis until such time the individual's ability to perform the

required services has been demonstrated. If, at any time, the performance of CONSULTANT

personnel is unsatisfactory to SBCTA, SBCTA may release him/her by written notice and may

request another qualified person be assigned.

If CONSULTANT personnel are on leave of absence, the Project Manager shall provide equally

qualified replacement personnel until the assigned personnel returns to the Project approved by

SBCTA.

The typical workday includes all hours worked by the construction Contractor. If necessary,

overtime for CONSULTANT personnel may be required. The construction Contractor's

operations may be restricted to specific hours during the week, which shall become the normal

workday for CONSULTANT personnel. The Project Manager, with prior concurrence from

SBCTA, shall have the authority to increase, decrease, or eliminate CONSULTANT personnel

work hours dependent on the schedule and requirements of the construction Contractor. All

overtime required by CONSULTANT personnel shall be approved and authorized by SBCTA

prior to each occurrence.

CONSULTANT personnel shall be knowledgeable of and comply with all applicable local, state,

and federal regulations. An understanding of Caltrans’ State of Good Repair (SGR) Program is

desired.

CONSULTANT personnel shall cooperate and consult with SBCTA, State, and City officials

during the course of the Project. CONSULTANT personnel shall perform duties as may be

required to assure that construction is being performed in accordance with the Project plans and

specifications. CONSULTANT personnel shall keep accurate and timely records and document

all work performed by the Contractor and CONSULTANT.

CONSULTANT shall monitor for Contractor’s compliance with the labor standards provisions of

the projects and the related wage determination decisions of the Secretary of Labor.

CONSULTANT personnel shall assist SBCTA and local agencies in obtaining compliance with

the safety and accident prevention provisions of the Project. Local agencies will retain

jurisdictional control for traffic control.

All services required herein shall be performed in accordance with California Department of

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Transportation guidelines, regulations, policies, procedures, manuals, and standards, except as

noted in the special provisions.

Materials Testing & Source Inspection: The number of field testing and source inspection

personnel assigned to the Project will vary throughout the duration of the construction contract.

CONSULTANT certified materials testing and source inspection personnel will be assigned as

needed by the Resident Engineer to meet the required numbers and frequencies of testing based

on schedule of the construction contractor.

Materials Testing /Source Inspection Services will be provided on an on-call basis. The duration

of assignments could vary from a minimum of a few hours to the full term of the Project.

CONSULTANT personnel will be available within one (1) day of written notification by SBCTA.

It is the intent of SBCTA to maintain a consistency of material testing/source inspection quality

throughout each phase of each project. CONSULTANT is therefore encouraged to provide, where

ever and whenever possible, the same personnel for the duration of construction of each project.

On days when work is not performed by the construction contractor, such as rainy or unsuitable

weather days, CONSULTANT will not provide services unless authorized by the SBCTA Project

Manager.

Consultant shall be responsible for finalizing a Source Inspection Quality Management Plan

(SIQMP) to match the project requirements. The SIQMP shall meet SBCTA and Caltrans

requirements.

All CONSULTANT personnel will be knowledgeable of, and comply with, all applicable local,

state, and federal regulations. All personnel shall cooperate and consult with SBCTA during the

course of the contract, and perform other duties as may be required to assure that the construction

is being performed in accordance with the Project plans and specifications. CONSULTANT’s

personnel will keep records and document the work as directed by the Resident Engineer.

All services required herein will be performed in accordance with Caltrans regulations, policies,

procedures, manuals, and standards.

C. DUTIES AND RESPONSIBILITIES

1. Pre-construction Services

a. Schedule

CONSULTANT shall review the proposed Project schedule, compare it to the

Project plans and specifications, and provide recommendations to SBCTA, as

appropriate, to ensure efficiency of Contractor and CONSULTANT operations

and safe and expeditious completion of the Project.

b. Budget

CONSULTANT shall review the Project estimate, quantities and provide

recommendations to SBCTA, as appropriate, to ensure efficient utilization of

funds and control of project costs.

c. Constructability Review

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CONSULTANT shall review Project plans and special provisions for possible

errors and deficiencies and report such findings to SBCTA in a format provide by

SBCTA.

2. Bid Process

a. Bid Documents

CONSULTANT shall assist SBCTA, as requested, with the following tasks:

1) Review of bid documents

2) Preparation of bid tabulations

b. Pre-construction Meetings

CONSULTANT shall assist SBCTA in conducting one or more pre-construction

meetings with all involved parties on the Project. Parties may include, but are

not limited to, the Contractor, design engineer, Caltrans, County and City staff,

utility companies, and developers.

c. Contract Award

CONSULTANT shall assist SBCTA, as requested, with the following tasks:

1) Review of bid for completeness and responsiveness;

perform bid analysis.

2) Development of contractor payment schedules, and other procedural

items.

3) Checking Contractor references, licenses, insurance, and sureties.

4) Coordination with prospective Contractor for award of construction

contract(s).

All processes will be consistent with procedures outlined by the California

Department of Transportation for Special Funded Programs and Local Assistance

Procedure Manuals.

3. Project Administration

a. CONSULTANT shall administer Project construction contracts using Caltrans

Construction Manual as a guideline.

b. CONSULTANT shall conduct regular Project coordination meetings with

Contractor, SBCTA, local agencies, and design engineer, as appropriate.

c. CONSULTANT shall prepare Contractor progress payments and maintain

payment records and supporting documentation. All progress payments shall be

reviewed by SBCTA for approval.

d. CONSULTANT shall provide reports as needed to comply with specific funding

requirements.

e. CONSULTANT shall establish and maintain Project records in accordance with

the Caltrans Construction Manual. Project record keeping shall include, but is

not limited to, correspondence, memoranda, contract documents, change orders,

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claims, SBCTA and engineer directives, meeting minutes, shop drawings,

supplementary drawings, and requests for payment. CONSULTANT shall

maintain a record of the names, addresses, and telephone and fax numbers of the

Contractors, subcontractors, and principal material suppliers.

f. CONSULTANT shall establish and maintain a filing system in hard copy files

and in electronic forms for each Project using the Caltrans Construction Manual

as a guideline. Electronic data documentation will be required to be uploaded

weekly to the SBCTA Major Projects Portal

g. CONSULTANT shall monitor Contractors’ construction schedules on an

ongoing basis and alert SBCTA to conditions that may lead to delays in

completion of the Project.

h. CONSULTANT shall prepare and submit a monthly Activity Summary Report

for the Project in a format approved by SBCTA. The activity report shall include,

among other items: status of SWPPP issues, RFIs, contract change orders, and

notice of potential claims; construction activities completed, ongoing, and

upcoming; status of Project budget and schedule; and other highlights and critical

issues.

i. CONSULTANT shall review and ensure compliance with environmental

requirements.

j. CONSULTANT shall participate in partnering sessions with the Contractor,

SBCTA, and Local Agencies, as required.

k. CONSULTANT shall ensure that the Project meets all provisions of the SBCTA

Construction Materials Quality Assurance Program and Caltrans Quality

Assurance Program Manual.

l. CONSULTANT shall review Contractors’ certified payroll records and ensure

compliance with the requirements of the construction contract.

m. CONSULTANT shall ensure that the Project meets all provisions of the Storm

Water Pollution Prevention Plan (SWPPP).

n. CONSULTANT shall assure that the Project meets all applicable regulations of

the Air Quality Management District (AQMD) and State Water Resources

Control Board (SWRCB).

o. CONSULTANT shall maintain redlined as-built plans on an ongoing basis

throughout the duration of the Project. Redlined plans shall show all changes

made to the original contract plans, each change identified with the name of the

approver, date of change approval, and CCO number, if applicable

4. Construction Coordination

a. CONSULTANT shall provide a minimum of one qualified Resident Engineer to

effectively manage the Project.

b. CONSULTANT Resident Engineer shall act as a prime point of contact between

Contractor, SBCTA, CONSULTANT’s materials inspector, and utility

companies. CONSULTANT may, when requested by SBCTA, act as point of

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contact between design engineers, cities, and the public. CONSULTANT shall

ensure coordination with property owners adjacent to Project right-of-way to

ensure timely communication regarding property-condition survey and

construction activities and scheduling.

c. CONSULTANT shall maintain regular contact with SBCTA’s Project Manager.

d. CONSULTANT shall coordinate utility relocations with utility companies and

their designees, as well as the utility inspector.

e. CONSULTANT shall proactively review Project plans and special provisions for

possible errors and deficiencies prior to construction of any specific element and

report such findings to SBCTA. Should SBCTA determine that changes are

necessary, CONSULTANT shall assist in implementation and processing of

change orders in accordance with contract documents.

f. CONSULTANT shall proactively review Project plans and special provisions;

monitor, coordinate, and track construction progress schedule and RFIs; and

communicate with various agencies prior to construction of any specific elements

to ensure the Project proceeds on schedule and according to the order of work in

the plans and special provisions. CONSULTANT shall expedite work, as

required, to maintain schedule in conjunction with the overall construction

staging program.

g. CONSULTANT shall coordinate review of shop drawings and Requests for

Information (RFI) with the SBCTA Project Manager. CONSULTANT shall log

and track all submittals and requests.

h. CONSULTANT shall coordinate the implementation of any changes with the

SBCTA Project Manager and the design engineer.

i. CONSULTANT shall review and approve falsework and shoring plans.

j. CONSULTANT shall coordinate all Project construction activities with other on-

going projects within and adjacent to the Project limits.

5. Construction Inspection

a. CONSULTANT shall coordinate all required inspections necessary for the

Project. CONSULTANT shall ensure that appropriate City and local agencies

are notified and present as required throughout the Project. CONSULTANT

shall notify SBCTA immediately regarding any directives, recommendations,

notices, etc. received from agencies other than SBCTA.

b. CONSULTANT shall perform daily on-site observations of the progress and

quality of construction to determine if the work being performed is in general

conformance with the contract documents, all applicable laws, codes, and

ordinances.

c. CONSULTANT shall exercise reasonable care and diligence to discover and

promptly report to SBCTA any and all defects or deficiencies in the materials or

workmanship used in the Project.

d. CONSULTANT personnel assigned to the Project shall be thoroughly familiar

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with Building Standards and “permit process” adopted by the State of California

and the City of San Bernardino. These standards include the California Building,

Electrical, Plumbing, Mechanical, and Energy Codes, and Disabled Access

Regulations contained in Title 24 of the California Code of Regulations.

e. CONSULTANT personnel assigned to the Project shall be thoroughly familiar

with Caltrans Standard Specifications, Caltrans Standard Plans, Caltrans Erosion

Control and Highway Planting requirements, safety standards and State Water

Resources Control Board requirements.

f. CONSULTANT personnel shall have the ability to read and interpret

construction plans and specifications. CONSULTANT personnel shall also have

knowledge of State of California Construction Safety Orders (CalOSHA) and

traffic control practices as specified in the Work Area Traffic Control Handbook

(WATCH). In addition, CONSULTANT personnel shall be thoroughly familiar

with the construction requirements of Caltrans’ Storm Water Pollution

Prevention Program.

g. Assignments to be performed by CONSULTANT personnel shall include, but are

not limited to, the following:

1) Building inspections including structures and foundation inspection,

mechanical, electrical and plumbing inspection for building facilities and

equipment, and other the duties that may be required to determine that

construction of the Project is being performed in accordance with the

contract documents.

2) Identifying actual and potential problems associated with the Project and

recommending sound engineering solutions.

3) Perform basic sampling of construction materials in the field per

California Test Methods 105 and 125 by both the prime and

subconsultant personnel.

4) Maintaining awareness of safety and health requirements. Monitoring

Contractors’ compliance with applicable regulations and construction

contract provisions for the protection of the public and Project personnel.

5) Preparing complete and accurate daily reports, calculations, project

records, payment quantity documents, reports, and correspondence

related to Project activities.

6) Preparing construction sketches, drawings, and cross-sections, as

necessary.

7) Assisting in the preparation of as-built plans.

8) Providing inspections for environmental compliance.

9) Maintaining awareness of water discharge requirements. Monitoring

Contractors’ compliance with applicable regulations and construction

contract provisions.

10) Monitoring Contractors’ compliance with applicable regulations required

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by AQMD.

11) Other duties as may be required or reasonably requested.

6. Project Support

a. Materials Testing, Source Inspection Services

1) CONSULTANT will provide experienced personnel, equipment, and

facilities to perform various construction materials sampling and testing.

Laboratory and field materials testing will be used to ensure that

construction work conforms to permit, standards, specifications, and

special provisions for material quality and workmanship.

2) All field and laboratory testing is to be performed in accordance with

California Test Methods.

3) CONSULTANT will be responsible for the accuracy and completeness

of all test data compilation and results.

b. Permits

CONSULTANT shall review the Project for permit compliance and coordinate

with SBCTA and the ENGINEER to ensure that necessary permits are obtained.

CONSULTANT shall assist SBCTA in the coordination, timely processing and

verification of approval for all permits. CONSULTANT shall maintain permits

and permit documentation on site.

7. Cost and Schedule

a. CONSULTANT shall monitor and track the following:

1) Contract pay item quantities and payments

2) Contract change orders

3) Supplemental work items

4) Agency furnished materials

5) Contingency balance

6) Project budget

b. CONSULTANT shall review and monitor Contractor’s schedule by keeping its

own updated schedule to “shadow” that of the contractor, and shall inform

SBCTA of any significant changes or deviations in the schedule.

c. CONSULTANT shall provide and maintain a Project staffing plan of field

personnel based on the Contractor submitted baseline schedule update. In

cooperation with SBCTA, the staffing plan shall be periodically updated to

reflect Project progress and needs.

8. Contract Change Orders and Claims

a. CONSULTANT shall receive and evaluate requests for changes and/or

substitutions by the Contractor. Contract Change Orders submitted to SBCTA

shall be accompanied by CONSULTANT recommendations. Where applicable,

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CONSULTANT shall convey proposed changes to design engineer, or other

Project consultants. If the requested changes are accepted, CONSULTANT shall

negotiate and prepare appropriate Contract Change Orders.

b. CONSULTANT shall attempt to avoid unnecessary Contract Change Orders.

When a Contract Change Order is necessary, CONSULTANT shall consult with

SBCTA prior to its preparation. Unless directed otherwise by SBCTA, the

preferred method of payment for Contract Change Orders should be as follows:

1) Agreed Price

2) Adjustment in compensation to a bid item

3) Time and materials or Force Account

CONSULTANT shall perform force account analysis to validate cost submitted

by the Contractor for contract change orders with agreed unit price, lump sum

price, and adjustment in components. Analysis shall be based on realistic

production and resource needs to complete the work.

c. CONSULTANT shall attempt to identify all potential claims, track and monitor

unresolved claims. The CONSULTANT shall implement appropriate claims

avoidance processes where in the best interests of SBCTA as determined by

SBCTA’s Project Manager.

d. CONSULTANT shall assist SBCTA, as requested, in the identification,

resolution, and final disposition of claims filed by the Contractor or third parties

against SBCTA or the Project.

9. Safety

In addition to the requirements specified elsewhere in this contract, the following shall

also apply:

a. CONSULTANT shall implement and conduct a comprehensive safety program

including regular tail-gate safety meetings for CONSULTANT personnel.

CONSULTANT shall provide SBCTA with monthly status of safety reports.

b. CONSULTANT shall comply with State of California Construction Safety

Orders and provisions of the Caltrans Construction Manual.

c. CONSULTANT shall provide appropriate safety training for all CONSULTANT

field personnel.

d. CONSULTANT shall provide all necessary safety equipment as required for

CONSULTANT personnel.

10. Project Close Out

a. CONSULTANT shall prepare a list of items to be completed and/or corrected by

the Contractor for final completion of the Project.

b. CONSULTANT shall collect and furnish as-built information to the design

engineer for preparation of as-built drawings including pre-stress drawings and

pile logs, as applicable.

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c. CONSULTANT shall review and verify completeness of as-built drawings.

d. CONSULTANT shall conduct a final walk-through with SBCTA, Local

Agencies, Contractors, and design engineers.

e. CONSULTANT shall prepare final construction reports, including the Project

Completion Report.

f. CONSULTANT shall prepare and deliver to SBCTA all Project files.

g. CONSULTANT shall assist SBCTA and Contractor in obtaining final release of

all Project permits.

h. Project closeout services will be completed within one month of project

acceptance.

D. DELIVERABLES

1. Inspector daily reports, extra work diaries and Resident Engineers’ daily diaries.

2. Monthly Project Summary Reports and SIQMP Monthly Reports.

3. Weekly update of all files to SBCTA Portal.

4. Monthly Contractor progress payments, back-up documentation, and Contractor payment

records.

5. Contractor final payment documents, delivered to SBCTA no later than ten (10) working

days after Acceptance by SBCTA of the completed construction Project.

6. Project Completion Report documents per Local Assistance Procedure Manual and

Caltrans Construction Manual.

7. All Project files, Project reports, Record As-builts, correspondence, memoranda, shop

drawings, Project logs, schedule updates, change order data, claims and claim reports,

and Contractor payment records per Caltrans Construction Manual.

8. Certified payrolls and fringe benefit statements for all employees, CONSULTANT and

Contractor, who are subject to the State and/or Federal prevailing wage rates.

9. All material test results will be provided in accordance with the applicable Standard

Specifications and Special Provisions and test methods. Failing tests will be immediately

reported to the Resident Engineer. All test results will be recorded on the appropriate

forms. The test documents will be legible and show the identity of the tester where

appropriate. A notebook containing all test results and reports will be maintained by

CONSULTANT throughout the duration of the Project and delivered to SBCTA with the

Project files.

E. EQUIPMENT AND MATERIALS TO BE PROVIDED BY CONSULTANT

1. CONSULTANT shall provide its own office facility and all necessary equipment,

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including software, materials, supplies, miscellaneous tools, phones, vehicles, and safety

equipment required for its personnel to perform the services accurately, efficiently, and

safely. The above noted items are not to be included in Consultant’s Cost Proposal and

are part of the consultant’s overhead. Only those items authorized by SBCTA in

CONSULTANT Cost Proposal shall be reimbursed by SBCTA.

2. CONSULTANT personnel shall be provided with vehicles suitable for the location and

nature of the work involved. Vehicles shall be equipped with flashing yellow lights,

either permanently or temporarily affixed.

3. CONSULTANT personnel shall be provided with a mobile radio, cellular phone, or other

means to assure full-time communication. If a radio system is to be used,

CONSULTANT shall provide a base station at the field office.

4. CONSULTANT personnel shall be provided with all applicable standard plans,

specifications, and other standards as appropriate (see item G below).

5. For Materials Testing, CONSULTANT and its staff will be fully equipped at all times to

perform the services required, including but not limited to the following:

a. An on-site mobile laboratory or laboratory in close proximity to the Project will

be required. The type and location of the lab should be such that it can meet the

needs of the Project in an efficient, time effective manner. The laboratory is to be

fully staffed, equipped, and supplied to conduct all required soils, materials, and

concrete breaking tests in a timely manner.

b. Field personnel will be provided with all necessary safety equipment to permit

work to be performed safely and efficiently within operating highway and

construction zone environments.

c. All equipment to be calibrated as per Section 3-10 and 3-11 of Caltrans’ Quality

Assurance Program Manual.

F. MATERIALS TO BE FURNISHED BY SBCTA

1. SBCTA will provide three (3) copies of all Project construction documents including

plans and special provisions, and one (1) copy of all other reports, designer prepared

resident engineer files, and contracts. In addition, SBCTA will provide one (1) full size

(24" x 36") sets of plans for use in the construction field office as record documents.

2. SBCTA will provide copies of all previously secured permits and Project authorizations.

3. SBCTA Construction Management Forms, including SBCTA Construction Materials

Quality Assurance Program, sample SIQMP, and appropriate forms for recording test

data in accordance with Caltrans practices and procedures outlined in the “Manual of

Test”.

G. STANDARDS

All construction inspection, materials sampling and testing, and contract administration shall be

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in accordance with the Project bid documents, City of San Bernardino Building Codes, special

provisions, plans, and current Caltrans Manuals including:

1. Construction Manual and its revisions

2. Quality Assurance Program Manual

3. Manual of Traffic Controls for Construction and Maintenance Work Zones

4. Caltrans Standard Specifications and Standard Plans

5. Caltrans Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control

Program (WPCP) Preparation Manual

6. Manual of Test (3 volumes)

Work not covered by the manuals shall be performed in accordance with accepted professional

standards.

The Resident Engineer and SBCTA will decide all questions which may arise as to the quality or

acceptability of deliverables furnished and work performed for this contract. Any

CONSULTANT employee who does not perform adequately will be replaced if directed by the

SBCTA Project Manager.

H. AVAILABILITY AND WORK HOURS

The typical workday includes all hours worked by SBCTA’s construction Contractor, including nights

and weekends. The construction Contractor’s operations may be restricted to specific hours during the

week, which will become the normal workday for CONSULTANT’s personnel. On days when work is

not performed by the construction contractor, such as rainy or unsuitable weather days, CONSULTANT

services will not be provided unless authorized by the SBCTA Project Manager.

Unless otherwise directed by SBCTA, the normal work week will consist of 40 hours. From time to time,

overtime may be required. However, overtime will be worked only when approved in writing by SBCTA.

I. LIMITATIONS TO AUTHORITY

CONSULTANT does not have the authority to:

1. Authorize deviations from the contract documents.

2. Approve substitute materials or equipment, except as authorized in writing by SBCTA.

3. Conduct or participate in tests or third party inspections, except as authorized in writing

by SBCTA.

4. Assume any of the responsibilities of the Contractor, Contractor’s Superintendent, or

subcontractors.

5. Exercise control over or be responsible for construction means, methods, techniques,

sequences, procedures, or safety precautions.

6. Communicate directly with subcontractors or material suppliers without the prior consent

of the Contractor.

7. Verbally authorize or approve change orders or extra work for the Project.

8. Offer or receive incentives, inducements, or other forms of remuneration to or from the

Contractor to perform services or work outside the terms of any executed contracts for

this Project.

J. THIRD PARTY RELATIONSHIPS

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This Contract is intended to provide unique services for a specific project. In the development of

the Project, SBCTA has worked closely with various professional consultants, agencies, and

others in the preparation of the construction documents and other Project related materials.

SBCTA, however, is solely responsible for and will be the sole point of contact for all contractual

matters related to the Project. CONSULTANT shall take direction only from SBCTA and shall

regularly inform only SBCTA of Project progress, outstanding issues, and all Project related

matters.

During the course of the Project, CONSULTANT may find occasion to meet with Caltrans, City

or County representatives, the design engineer, Project consultants, or other third parties who

have assisted with the Project. These entities may, from time to time, offer suggestions and/or

recommendations regarding the Project or elements of the Project. While SBCTA enjoys a close

relationship with and has considerable confidence in the capabilities of these other parties,

CONSULTANT shall not act on any suggestions, solicited or unsolicited, without obtaining

specific direction from SBCTA. All oral and written communication with outside agencies or

consultants related to the Project shall be directed only to SBCTA. Distribution of Project related

communication and information shall be at the sole discretion of SBCTA representatives.

K. CONSTRUCTION SITE SAFETY

In addition to the requirements specified elsewhere in this contract, the following also will apply.

1. CONSULTANT will conform to the safety provisions of the Caltrans Construction Manual.

2. CONSULTANT’s field personnel will wear white hard hats with proper suspension, orange

vests with reflective tape, sleeved shirt, long pants, and leather boots with ankle support and

rubber soled shoes at all times while working in the field.

3. CONSULTANT will provide appropriate safety training for all CONSULTANT’s

personnel, including work on and near highways.

4. All safety equipment will be provided by CONSULTANT.

L. PERSONNEL QUALIFICATIONS AND RESPONSIBILITIES

The quantity and qualifications of field personnel to be assigned will be determined by the scope

of the Project and the degree of difficulty of required tasks to be performed. Again, all personnel

and personnel assignments are subject to approval by SBCTA. While some areas of responsibility

may overlap, as a guideline, CONSULTANT personnel assigned to the Project should have the

following qualifications:

1. Project Manager

a. A minimum of six (6) years' project management experience on similar

construction projects is desired.

b. Accessible to SBCTA at all times during normal working hours.

c. A thorough understanding of Building Standards and “permit process” adopted

by the State of California and the City of San Bernardino. These standards

include the California Building, Electrical, Plumbing, Mechanical, and Energy

Codes, and Disabled Access Regulations contained in Title 24 of the California

Code of Regulations.

d. A thorough understanding of Caltrans construction practices and procedures.

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e. A thorough understanding of Cal-OSHA practices and procedures.

f. An understanding of Caltrans State of Good Repair (SGR) Program is desired.

g. The Project Manager will assume the following functional responsibilities:

1) Review, monitor, train, and provide general direction for

CONSULTANT personnel.

2) Assign personnel to projects on an as-needed basis.

3) Administer personal leave.

4) Prepare monthly reports for delivery to SBCTA.

2. Resident Engineer

a. A minimum of six (6) years' resident engineer experience on similar construction

projects is desired.

b. Licensed Professional Civil Engineer in the State of California.

c. Ability to work independently, make effective decisions concerning construction

work in progress, and solve field problems.

d. Accessible to SBCTA at all times including weekends and holidays.

e. A thorough understanding of Building Standards and “permit process” adopted





f. A thorough understanding of Cal-OSHA practices and procedures.

g. A thorough understanding of Caltrans field methods, practices, and construction

office procedures. The Resident Engineer will assume the following functional

responsibilities:

1) Monitor and provide daily direction to CONSULTANT Resident

Engineers and inspection personnel.

2) Assign field personnel to specific project tasks.

3) Monitor and track Contractor progress.

4) Prepare daily, weekly and monthly reports as required.

5) Coordinate utility relocations with appropriate agencies and the utility

inspector.

6) Act as prime field contact between various project Contractors and

SBCTA’s Project Manager.

3. Building Inspector

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a. A current certification as a California Residential or California Commercial

Building Inspector, or California Residential or California Commercial

Plumbing, Mechanical, or Electrical Inspector from the International Code

Council (ICC) and/or other nationally recognized certification agencies (proof

required*) and a minimum of two years of paid (full-time equivalent) experience

is desired.

b. A thorough understanding of Cal-OSHA practices and procedures.

c. A thorough understanding of Building Standards and “permit process” adopted





d. Ability to work independently, make effective decisions concerning construction

work in progress, and solve field problems.

e. Ability to direct the efforts of subordinate inspectors.

f. Ability to use an automatic level and transit for the purpose of verifying line and

grade.

g. Understanding of Caltrans field and construction office procedures. The

Inspector will assume the following functional responsibilities:

1) Assist in inspections to assure compliance with contract plans,

specifications, and special provisions on all phases of construction.

2) Assist in the preparation of contract change orders, contract estimates,

progress pay estimates, and other documents or reports required for the

Project.

3) Coordinate field testing of materials to monitor compliance with Project

specifications, Building Codes, and SBCTA Quality Assurance Program.

4) Maintain accurate and timely Project records. Perform quantity

calculations for progress pay estimates.

5) Perform analytical calculations such as basic earthwork, grading,

profiles, and special staking procedures.

6) Provide input for the redesign of facilities to fit existing field conditions.

7) Monitor and track Contractor progress. Prepare daily, weekly, and

monthly reports as required.

4. Office Engineer

a. A minimum of two (2) years' experience as an office engineer on similar

construction projects is desired.

b. Knowledge of Caltrans’ Office of Highway Construction forms used to

administer construction projects, of Caltrans’ system of document organization,

of construction records and accounting procedures, of documentation,

procedures, and reporting for federally funded projects, and of laws and

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regulations governing the payment of prevailing wages.

c. The Office Engineer will assume the following functional responsibilities:

1) Process monthly progress pay estimates, monthly status reports, extra

work reports, and weekly statements of working days.

2) Prepare and process contract change orders.

3) Monitor construction budget and schedule.

4) Prepare, maintain, and/or file project documents including labor and

equipment records, correspondence, memoranda, meeting minutes,

claims, personnel records, labor compliance reports, and daily, weekly,

and monthly reports.

5) Perform routine calculations and checking of quantities.

6) Coordinate all office activities and functions with SBCTA

representatives.

7) Labor Compliance monitoring

5. Materials Testing/Source Inspection Manager

a. A minimum four (4) years' project management experience on a similar

highway/bridge construction project is desired.

b. Licensed Civil Engineer in the State of California.

c. Ability to use typical computer programs including word processing and

spreadsheets.

d. The Materials Testing/Source Inspection Project Manager will assume the

following functional responsibilities:

1) Review, monitor, train, and provide general direction for

CONSULTANT’s laboratory, field and source inspection personnel.

2) Assign personnel to projects on an as-needed basis in coordination with

the Resident Engineer.

3) Administer personal leave, subject to approval of the Resident Engineer.

4) Prepare monthly reports for delivery to the Resident Engineer.

5) Provide direction, administration, and responsibility for Materials

Certification per Caltrans Construction Manual, Section 8-01.

6) Assist SBCTA and Resident Engineer in preparing the project specific

Source Inspection Quality Management Plan (SIQMP) . (Reference

Caltrans “Source Inspection Quality Management Plan” (SIQMP Outline

dated 04/17/12)".

7) Provide direction, administration, and responsibility for implementation

of the approved SIQMP per Caltrans Construction Procedures Directive

(CPD) 08-5 and FHWA Title 23 requirements.

Material testing/source inspection personnel will be certified by a California Registered

Civil Engineer as being experienced and competent in the test procedures required for the

work involved (and possess a current certificate of proficiency (Form MR-0111) in

accordance with Quality Assurance Program Manual (Section 3-5)). Independent

certification of Caltrans’ test procedures may be performed at the discretion of the

SBCTA Project Manager.

6. Materials Technicians

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CONSULTANT personnel provided under this contract will have a variety of skills and

experience appropriate for the level of tasks to be assigned. Field personnel shall be

certified by Caltrans and should have a minimum of two (2) years' experience in

conducting material sampling and testing of the type required for the projects involved

and possess the following additional capabilities:

a. Have the ability to establish specific locations for appropriate tests when

construction contract administration personnel are not available.

b. Be familiar with construction practices and be fully aware of construction

activities at the Project site.

c. Have knowledge of and comply with safety and health regulations and

requirements applicable to the Project.

d. Specific qualifications for technicians are as follows:

1) CONSTRUCTION TECHNICIAN I

a) Performs a variety of semi-skilled activities. Examples of duties

assigned to this classification are:

i. Conducting quality control tests, such as soil densities,

sieve analysis tests, operation scales and inspecting

spread operations.

ii. Sampling and transporting produced construction

materials from point of application or production to

testing laboratory.

b) Knowledge and Skills Required

i. Knowledge of tools, equipment and vehicles utilized in

construction.

ii. Knowledge of standard equipment and materials used

for the sampling and testing of construction material.

iii. Knowledge of basic mathematics used in the

computation of a variety of construction items.

iv. Knowledge of record keeping, preparing of documents

and reports.

2) CONSTRUCTION TECHNICIAN II

a) Performs a variety of skilled activities. Examples of duties

assigned to this classification are:

i. Inspecting minor construction items, sampling and

inspection of steel reinforcement, sampling and

inspection of concrete placing operation.

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ii. Collect and analyze soil samples of construction

materials to determine compaction and moisture content.

iii. Inspection and sampling of all phases of asphalt concrete

and PCC paving operation, including plant inspection.

iv. Confers with construction engineers and contractors

regarding construction in progress and is conformance to

specifications and construction plans.

v. Answers questions and resolves problems.

vi. Inspects construction in progress to ensure conformance

with specification, agreements, and established

requirements.

vii. Keeps daily diary of work progress.

viii. Prepares reports on all field inspections and submits

project quantities on a daily basis.

ix. Keeps accurate documentation for force accounts and

possible claims.


i. All knowledge and skills required of lower

classification.

ii. Knowledge of currently accepted methods, procedures

and techniques used in highway construction inspection,

survey, materials testing, and quality control equipment.

iii. Skill in interpersonal relations as applied to contact with

contractors, representatives of other governmental

jurisdictions, and other SBCTA/Caltrans staff.

3) CONSTRUCTION TECHNICIAN III

a) Exercises considerable independent judgment within general

Caltrans standards and guidelines. Examples of duties assigned

to this classification are:

i. Inspect Project construction on an ongoing basis to

assure compliance with contract and in accordance with

State and local standards.

ii. Perform a variety of structural material tests and

inspections.

iii. Reviews construction plans and verifies that these are in

accordance with designated specifications and other

requirements.

iv. Participates in the preparation of completed work

estimates, to calculate compensation due contractor.

v. Examines and verifies numeric data and material

specifications on project cost source documents,

utilizing geometry and trigonometry calculations.

vi. Supervises all work activities involved in construction

projects, laboratory, and quality control work.

vii. Recommends approval of proposed Project changes.


i. All knowledge and skills required of lower

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classifications.

ii. Knowledge of the principles and practices of Civil

Engineering as applied to the construction of state

highways.

iii. Skill in analyzing and evaluating a wide variety of

highly technical engineering data, including construction

plans, field survey and quality control documents.

iv. Skill in interpreting and implementing Caltrans

standards, policies, procedures and regulations.

v. Skill in interpersonal relations, as applied to contacts

with contractors, representatives of other governmental

jurisdictions, and other SBCTA/City/Caltrans staff.

END OF SCOPE OF WORK

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Minute Action

AGENDA ITEM: 5

Date: June 13, 2018

Subject:

Biennial Review of Conflict of Interest Code

Recommendation:


Transportation Authority (SBCTA):

A. Perform the biennial review of SBCTA’s Policy No. 10102 Conflict of Interest Code, and

amend Appendix A with updated employee job titles and disclosure categories, as outlined in

attachment.

B. Direct the SBCTA Clerk of the Board to submit the Policy and Appendix A to the San

Bernardino County Board of Supervisors for approval.

Background:

The Political Reform Act (Act) requires every local government agency that takes actions that

foreseeably may materially affect economic interests to adopt a Conflict of Interest Code for its

employees and officials. San Bernardino County Transportation Authority (SBCTA) has

adopted a Conflict of Interest Code and it is set forth in SBCTA Policy No. 10102. The Conflict

of Interest Code lists those employees or officers who are required to file a statement of

economic interests (“designated employees”) and prescribes the types of interests which must be

disclosed by such officials (“disclosure categories”).

In order to ensure the agency’s designated employees and disclosure categories are reflective of

the current organization and ability to affect economic interests, the Act requires agencies to

review their conflict of interest codes at least biennially. SBCTA staff has reviewed Policy

No. 10102, Conflict of Interest Code, and recommends amendments to Appendix A, which lists

designated positions which make or participate in the making of decisions which may

foreseeably have a material effect on private financial interests. It is recommended that

Appendix A be modified to add new positions and job titles. The amended Appendix A in the

attachment to this item reflects the most current titles for those positions covered under the

Conflict of Interest Code.

The Act provides that where a multi-jurisdictional governmental agency is wholly within a

county, the Board of Supervisors is the code reviewing body for that agency. Accordingly, after

the SBCTA Board reviews SBCTA’s Conflict of Interest Code and amends Appendix A, it must

be submitted to the San Bernardino County Board of Supervisors for their review.

Financial Impact:

This item does not have an impact on the Fiscal Year 2018/2019 budget.

Reviewed By:

This item is not scheduled for review by any other policy or technical advisory committee.

SBCTA General Counsel has reviewed this item and the Policy.

Responsible Staff:

Vicki Watson, Clerk of the Board

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June 13, 2018

Page 2


Approved


Date: June 13, 2018

Witnessed By:

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Policy10102 1 of 2

Conflict of Interest Code – Designated Employees Policy 10102 Appendix A

Designated Employees Categories

1. Accounting Supervisor 2

2. Assistant General Counsel 2

3. Board of Directors (County designees) 1

4. Board of Directors (City designees) 1

5. Board of Directors Alternates (City designees) 1

6. Chief Financial Officer 1

7. Chief of Air Quality/Mobility Programs 2

8. Chief of Fiscal Resources 2

9. Chief of Fund Administration and Progamming 2

10. Chief of Legislative and Public Affairs 2

11. Chief of Planning 2

12. Chief of Transit/Rail Programs 2

13. Clerk of the Board/Administrative Supervisor 2

14. Construction Manager 2

15. Consultant ** 2

16 Council of Governments Administrator 2

17. Deputy Executive Director 1

18. Director of Fund Administration and Programming 1

19. Director of Legislative and Public Affairs 1

20. Director of Planning 1

21. Director of Project Delivery and Toll Operations 1

22. Director of Transit/Rail Programs 1

23. Executive Director 1

24. General Counsel 1

25. Human Resources/Information Services Administrator 2

26. Management Analyst II* 1

27. Management Analyst III* 1

28. Procurement Analyst 2

29. Procurement Manager 2

30 Program Manager 2

31. Project Delivery Manager 2

32 Right of Way Administrator 1

33 Risk Manager 2

34. Senior Planner 2

35 Toll Operations Administrator 2

36 Toll Financial Administrator 2

* Only Management Analysts who perform Right of Way activities must file. ** Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:

The Executive Director may determine in writing that a particular consultant, although a "designated employee," is hired to perform a range of duties that is limited in scope and, thus, is not required to fully comply with the disclosure requirements in this Code. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of

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Policy10102 2 of 2

disclosure requirements. The Executive Director's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

Form 700s filed by the Board of Directors (County designees) are filed with the Clerk of the County Board of Supervisors, not with SANBAGSBCTA.

Disclosure Categories CATEGORY l Designated employees in this category shall disclose all sources of income, interests in real property, investments and business positions in business entities. Designated employees in this category shall complete all schedules of Form 700, if applicable.

CATEGORY 2 Designated employees in this category shall disclose sources of income, investments, and business positions in business entities which provide services, supplies, materials, machinery or equipment of the type purchased or utilized by the department in which the designated employee is employed. Designated employees in this category shall complete all schedules of Form 700 except schedule B, if applicable.

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Authority

Minute Action

AGENDA ITEM: 6

Date: June 13, 2018

Subject:

Policy 10105 - Records Management and Retention Policy

Recommendation:

That the General Policy Committee recommend the Board:

A. Acting as the San Bernardino County Transportation Authority (SBCTA), adopt Resolution

No. 19-002 establishing Policy No. 10105 – Records Management Policy, and approving Policy

Appendix A – Records Retention Schedules (11), and Appendix B – Disposition of Records

Form; and

B. Acting as the San Bernardino Associated Governments (SBCOG), approve applicability of

Policy 10105 and its Appendices to SBCOG.

Background: SBCTA creates, uses, maintains, stores, preserves and disposes of records subject to the California Public Records Act, other state and federal laws, and numerous contract provisions related to records retention and disposition. However, SBCTA does not have and has never had a formally adopted comprehensive policy regarding records management including retention and destruction.

A comprehensive Records Management Policy is needed for SBCTA to effectively, efficiently and legally retain and dispose of records. The purposes of this Policy are to: comply with state, federal and contractual requirements; ensure records are kept only as long as they have some operation, legal, financial or historical value; establish legal documentation of the agencies’ normal course of business for the management, retention and destruction of the agencies’ records; and evidence the agencies’ accountability to the public as trustees of public records.

Staff of the Clerk of the Board and General Counsel’s Office have worked for several years to research, draft and develop SBCTA’s and SBCOG’s first Records Management Policy and Records Retention Schedules. A significant amount of staff research and time was expended to ensure the Policy and Schedules comply with the numerous federal, state, and contractual obligations that apply to the agencies’ records.

The Policy provides that the Clerk of the Board will be the Records Administrator for SBCTA and SBCOG. The Records Administrator’s duties include: maintain, review and update the Records Retention Schedules; ensure security and integrity of the records stored; coordinate the transfer of records to, and retrieval from, offsite storage; and at the direction of the Executive Director, oversee destruction of records in accordance with the Retention Schedules and Policy. The Records Administrator will review the Policy and Retention Schedules at least every five years to determine if any changes are necessitated by changes in contract requirements, in the law or Agencies’ needs. Such revisions will be brought back to the Board for review and approval. Additionally, subject to the Executive Director’s approval, the Records Administrator will prepare Records Management Procedures providing for the means and methods by which the Agencies will comply with this Policy.

Department Directors are responsible under the Policy for organizing and managing Department Records until they are turned over to the Records Administrator for storage, archiving, or destruction. Department Directors shall ensure that the consultants, contractors and vendors under their direction maintain Agency records in accordance with the Policy.

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The Policy defines a Record as: a document containing data or information of any kind and in any form (physical or electronic) generated or received by the Agencies, containing information necessary for the operation of SBCTA’s business. A Record typically holds operational, legal, financial or historical value.

Key elements of the Policy are the eleven (11) Records Retention Schedules created for the Agencies’ departments, and for Agency-wide use. The Records Retention Schedules include categories of records and their retention periods during which the Records must be kept before final destruction. The retention periods are either expressly specified under federal or state funding requirements, federal or state law, or determined to be in the best interests of the Agencies. The Records retention periods range from thirty (30) days to permanent. Records falling under more than one category are to be kept for the longer period. Not all Records listed in the Records Retention Schedules are disclosable under the Public Records Act or other laws, but remain subject to determination under the law as to their disclosability.

The Policy also provides for development of an electronic communications procedure, so that emails, text messages, voice mails and other electronic communications, that are determined to be Records, are managed, retained, archived and deleted in accordance with the Policy.

The Policy also includes Appendix B – Disposition of Records Form, which will assist the Records Administrator in managing and tracking the destruction of records in compliance with the Policy. The Policy provides the Records Administrator, with the approval of the Executive Director, may modify this form from time to time.

Due to the time and resources required to create systems and processes for full compliance with this Policy, this Policy will be phased in and become fully enforceable July 1, 2019.

Staff and General Counsel recommend the SBCTA Board approve the Resolution creating the Records Management Policy, the Records Retention Schedules, and Disposition of Records Form, and the SBCOG Board approve applicability of the Policy and Appendices to SBCOG.

Financial Impact:

This item is consistent with the Fiscal Year 2018/2019 budget.

Reviewed By:


committee. SBCTA General Counsel has reviewed this item, the policy, Resolution and

retention schedules.

Responsible Staff:

Vicki Watson, Clerk of the Board

Approved


Date: June 13, 2018

Witnessed By:

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1

RESOLUTION No. 19-002

RESOLUTION OF THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY

ADOPTING A RECORDS MANAGEMENT POLICY AND RECORDS RETENTION

SCHEDULES

Whereas, the San Bernardino County Transportation Authority (SBCTA) desires to

establish an orderly and routine method of record management, retention and destruction; and

Whereas, it has been determined that certain SBCTA records are out of date or no longer

required; and

Whereas, the SBCTA Board desires to establish policies for the lawful, orderly and

efficient management, retention and destruction of records.

Now, therefore, be it resolved by the San Bernardino County Transportation Authority, as

follows:

Section 1. SBCTA Policy No. 10105, Records Management Policy is hereby adopted.

Section 2. SBCTA’s Records Retention Schedules dated July 11, 2018, are hereby

adopted, and the Records Destruction Form is approved.

Section 3. SBCTA’s Records shall be retained for the time periods specified in the

SBCTA Records Retention Schedules.

Section 4. SBCTA’s Executive Director or designee is authorized to destroy SBCTA

Records at the end of the Records Retention period provided the destruction is consistent with

Policy No. 10105.

Section 5. Due to the time and resources required to create systems and processes for full

compliance with Policy No. 10105, Policy No. 10105 will be phased in and become fully

enforceable July 1, 2019.

Section 6. Effective Date. This resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED at a meeting of the San Bernardino County Transportation

Authority held on July 11, 2018.

Board President

ATTEST:

Vicki Watson,

Clerk of the Board

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May 31, 2018 Draft

Policy 10105 1 of 4

San Bernardino County Transportation Authority Policy 10105

Adopted by the Board of Directors July 11, 2018 Revised 0

Records Management Policy Revision No.

0

Important Notice: A hardcopy of this document may not be the document currently in effect. The current version is always the version on the SBCTA Intranet.

Table of Contents |Purpose | References | Definitions | Policy | Revision History |

I. PURPOSE

The purpose of this policy is to establish standards for management, retention, control and destruction of all Records in the custody and control of SBCTA or SBCOG.

II. REFERENCES Policy 10105 Appendix A, Record Retention Schedules Policy 10105 Appendix B, Disposition of Records Form Policy 10027, California Public Records Act – Request and Fees Policy California Government Code Sec. 6200, 6250 et seq.,12236, 34090; Public Utilities Code Sec. 130203

III. DEFINITIONS Agency(ies) means SBCTA or SBCOG as the context requires. Agency Staff means an employee of SBCTA. Confidential Record means Records containing information that is not subject to public disclosure due to attorney-client privilege, attorney work product, trade secrets, Health Insurance Portability and Accountability Act (HIPAA), or other legal privileges, doctrines or exclusions. Disposition of Records Form means the form attached to this Policy as Appendix B, as modified from time to time with the Executive Director’s approval. Electronic Communications or (EC) means emails, text messages, and voice mails. EC Management Procedure means a procedure established by the Executive Director providing for the means and methods by which Agency Electronic Communications are managed, retained, archived, and deleted. Financial Value means the usefulness of Records for financial, accounting, budgetary, audit, and treasury functions of the Agency. Historical Value means the usefulness of Records for historical research concerning the origin of the Agency or for information about persons, places, events, or things of importance to the Agency. Legal Value means the usefulness of Records for documentation of Agency authorizations, and compliance with laws, contracts, litigation holds, etc. Measure I or MI means the one-half of one percent (½%) retail transactions and use tax statutorily dedicated to transportation planning, design, construction, operation and maintenance only, in San Bernardino County as authorized by the San Bernardino County voters’ passage of Ordinance 89-01 in 1989 and reauthorized by the San Bernardino County voters’ passage of Ordinance 04-01 in 2004.

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http://sanbagportal.sanbag.ca.gov/sanbag-intranet/Policy11000.htm#PURPOSE

http://sanbagportal.sanbag.ca.gov/sanbag-intranet/Policy11000.htm#REFERENCES

http://sanbagportal.sanbag.ca.gov/sanbag-intranet/Policy11000.htm#POLICY

http://sanbagportal.sanbag.ca.gov/sanbag-intranet/Policy11000.htm#REVHISTORY

http://sanbagportal.sanbag.ca.gov/sanbag-intranet/Policy10025.htm

May 31, 2018 Draft

Policy 10105 2 of 4

Non-Records means material, documents or data not usually included within the definition of records, such as: copies of documents or data prepared by other entities; unofficial copies of documents kept only for convenience or reference; working papers or drafts; copies of legislation; appointment logs; prior versions of studies or reports never finalized; duplicates or copies of records retained by another Agency Department; and stocks of publications. Operational Value means the usefulness of Records for administration or operation of the Agency, or an Agency program or project. Permanent means the period for retaining Records that is mandated by law, contract, or other written requirement, or is determined to be in the best interests of the Agency, to be retained in perpetuity. Record means a document containing data or information of any kind and in any form (physical or electronic) generated or received by SBCTA, containing information necessary for the operation of SBCTA’s business. A Record typically holds operational, legal, financial, or historical value. Records Management Procedure means a procedure established by the Records Administrator with the approval of the Executive Director, providing the means and methods for Agency compliance with this Policy. Records Retention Schedule means a list of records that: is produced or maintained by the Agency and the actions taken with regard to those records; serves as the Agency’s legal authority to receive, create, retain, and dispose of official public records; documents which records have historic or research value and which records should be destroyed because they no longer have any operational, legal, financial, or historical value; and establishes the Agency’s normal course of doing business with respect to Records. Retention Period means the period of time specified in the Records Retention Schedule during which Records must be kept before final destruction, and which retention period is required by contract or law, or is determined to be in the best interests of the Agency.

III. POLICY All Records shall be managed, retained, controlled and destroyed according to this Policy, unless otherwise authorized by the SBCTA Board. This Policy is intended to ensure that Records are kept only as long as they have some operational, legal, financial or historical value. This Policy applies to SBCTA and to San Bernardino Associated Governments (SBCOG) Records. Due to the time and resources required to create systems and processes for full compliance with this Policy, this Policy will be phased in and become fully enforceable July 1, 2019. A. Responsibilities

1. Records Administrator. a. The Clerk of the SBCTA Board is designated as the Records Administrator for the Agencies, and is responsible for supervising and coordinating the retention and destruction of Records in accordance with this Policy, associated Records Retention Schedules, and applicable records retention procedures. The Records Administrator is also responsible for documenting actions taken to maintain, store, archive or destroy Records, and for retaining such documentation. b. The Records Administrator shall be the custodian of Records that are: (1) original contracts; (2) original real property title records; (3) Board and Board Committee agendas, agenda packets, and minutes; (4) Board resolutions and ordinances; and (5) Permanent Agency Records. The Records Administrator shall keep all such Records in a secure location and manner.

c. The Records Administrator should periodically review this Policy and the Records Retention Schedules to ensure the Policy and Records Retention Schedules accurately and completely reflect the Agencies’ Records retention and destruction needs. Record Retention Schedules are considered current for five years unless amended sooner due to a significant change in Agency

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Policy 10105 3 of 4

Record keeping practices. A change of mission, added functions, new programs, etc. may trigger an amendment to an existing schedule.

2. Department Directors.

Department Directors are responsible for organizing and managing Department Records until the time they are turned over to the Records Administrator for storage, archiving, or destruction. Department Directors shall ensure that Agency consultants, contractors and/or vendors under their direction, maintain Agency Records in accordance with this Policy.

3. Agency Staff. Agency Staff shall manage Agency Records in their custody and control in accordance with this Policy.

B. Records Retention Records should be retained for the longer of the period required by federal or state law, regulation or contracts, or the Records Retention Schedules. If a Record falls within more than one category in the Records Retention Schedules, the longer retention period shall apply. C. Electronic Communications (EC)

1. EC Management Procedure. Electronic Communications, that are determined to be Records, will be managed, retained, archived and deleted in accordance with the EC Management Procedure and this Policy.

2. EC Deemed Records. Not all Electronic Communications and attachments are Records that need to be retained. If the substance of the Electronic Communication or its attachments fall within a category of Records in a Records Retention Schedule and this Policy, the Electronic Communication or its attachments will be deemed to be Records, and retained for the periods provided in the Records Retention Schedule and this Policy.

3. Electronic Communications on non-Agency electronic equipment.

Staff should not store or transmit Agency-related Electronic Communications on personal or other non-Agency computers, tablets, phones or electronic devices, except as necessary or appropriate for legitimate business purposes as authorized by staff’s Department Director. Any such Electronic Communications will be subject to this Policy and the relevant Records Retention Schedule.

D. Duplicate Copies Copies of Agency Records maintained by Agency Staff that are duplicates of original Agency Records do not need to be retained if Agency staff determines the copies are no longer useful or necessary for SBCTA or SBCOG purposes. E. Reference Materials Copies of documents and data prepared by other agencies or entities that are maintained by Agency Staff for reference in conducting SBCTA or SBCOG business are not Records and shall be retained only so long as the Agency Staff deems them useful or necessary for SBCTA or SBCOG purposes. F. Video and Audio Recordings The Executive Director or designee may destroy recordings of routine video monitoring in accordance with the Records Retention Schedules. Routine video monitoring means video recording by a video or electronic imaging system designed to record the regular and ongoing operations of the Agency, including building and facilities security recording systems.

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May 31, 2018 Draft

Policy 10105 4 of 4

G. Confidential Records Not all Records listed in the Records Retention Schedules are disclosable under the California Public Records Act (PRA), discovery statutes, subpoenas, or other laws, but remain subject to legal determination as to their disclosability. H. Destruction of Records Upon the expiration of the Retention period for Records in the Records Retention Schedules, the Executive Director or designee shall review the Records to determine if one of the Disposition Exceptions applies. If no Disposition Exception applies, the Executive Director or designee shall comply with the Records Management Procedure to ensure that Records are disposed of in accordance with this Policy and in one of the following ways:

1. Recycle non-confidential paper Records; 2. Shred confidential Records; 3. Permanently erase or destroy electronically stored Records

I. Destruction Exceptions 1. If at the end of a retention period, the Executive Director or designee determines that the Records

have operational, legal, financial or historical value beyond the retention period, the Records shall be retained for an additional period designated in accordance with a Records Management Procedure.

2. Records that are subject of Suspension of Records Destruction shall be retained until such time

as the Suspension of Records Dispension no longer applies. J. Suspension of Records Destruction In the event of a subpoena, a public records act request, commencement of an audit or investigation, notice of pending legal action, litigation hold or any other justifiable contingency, further disposal of relevant Records shall be suspended until the Executive Director or designee and General Counsel determine otherwise. K. Policy Changes This Policy, the Records Retention Schedules and any changes to this Policy and Records Retention Schedules shall be adopted by SBCTA Board Resolution, provided the SBCTA or SBCOG Boards may approve by minute action individual exceptions or categories of exceptions to this Policy or Records Retention Schedules.

IV. REVISION HISTORY

Revision No.

Revisions Adopted

0 New Policy. Adopted by the Board of Directors 07/11/18

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Minute Action

AGENDA ITEM: 7

Date: June 13, 2018

Subject:

Grant Application Strategy for Active Transportation Program Cycle 4 Funding

Recommendation:



A. Receive information on the San Bernardino County Transportation Authority (SBCTA)

Fiscal Year 2018/2019 grant cycle 4 application strategy for Active Transportation Program

(ATP) funding.

B. Authorize the Executive Director, or his designee, to execute Senate Bill 1 (SB1) Baseline

Agreements, including technical and administrative changes to the project information that may

be necessary, in the form approved by General Counsel, for projects that receive funding under

the ATP SB1 grant program. The specific projects for which authorization is requested are:

Metrolink Bicycle and Pedestrian Accessibility Plan Implementation Phase II, contingent on

the identification of funding commitments for project management and other matching funds

from a combination of local jurisdictions and appropriate regional sources, as determined by

the Executive Director prior to the submittal of the application.

San Bernardino County Safe Routes to School Program Implementation Phase II

Background:

In January, SBCTA staff presented an overview of the Road Repair and Accountability Act of

2017, Senate Bill 1 (SB1), which provides the first significant, stable and on-going increase in

state transportation funding in more than two decades. The SBCTA Board also approved

strategies and a list of projects that would compete well under the Local Partnership Program

(LPP), Trade Corridor Enhancement Program (TCEP), and Solutions for Congested Corridors

Program (SCCP) under SB1. Recently, the California Transportation Commission (CTC)

awarded more than quarter (¼) of a billion dollars in funding under the three programs for

various transit and freeway projects submitted by SBCTA.

On May 22, the CTC released the call for projects under Cycle 4 of the ATP that includes a

significant amount of SB1 funding ($192 million out of $438 million total ATP funding). Just as

has been done with the other three programs of SB1, it is the intention of staff to submit several

projects under ATP Cycle 4.

The ATP was created by Senate Bill 99 (Chapter 359, Statutes of 2013) and Assembly Bill 101

(Chapter 354, Statutes of 2013) to encourage increased use of active modes of transportation,

such as biking and walking. The goals of ATP are to:

Increase the proportion of trips accomplished by biking and walking,

Increase the safety and mobility of non-motorized users,

Reduce greenhouse gases,

Enhance public health, including reduction of childhood obesity through the use of programs

including projects eligible for Safe Routes to School (SRTS) Program funding, and

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Ensure that disadvantaged communities fully share in the benefits of the program.

SBCTA staff is committed to maximizing our chances of receiving competitive ATP funds and

bringing a fair share of those funds to the county. Staff is proposing to submit two projects for

the ATP, focusing on the types of projects that have competed well in the past three ATP cycles.

The grant application deadline for the ATP is July 31, 2018. The specific projects for which

authorization is requested include:

Metrolink Bicycle and Pedestrian Accessibility Plan Implementation Phase II ($6.5 million

grant request). SBCTA was successful in securing funding for Phase I of the Metrolink

bicycle/pedestrian improvements through ATP Cycle 1. The project involved a collection of

accessibility improvements around Metrolink stations in Montclair, Upland, Rancho

Cucamonga, Fontana, Rialto, and San Bernardino. Construction is beginning on those

improvements in Fall 2018. Phase I represented only a portion of the bicycle/pedestrian

projects around Metrolink stations that were environmentally cleared several years ago.

Phase II continues this progress with additional improvements in the same six cities, using

the environmental clearance that has already been secured. To continue this work, however,

an estimated $500,000 in project management funds will be required, to cover any

environmental re-evaluation, hire/manage the necessary consultants, provide oversight of

minor right-of-way acquisitions, etc. In addition, staff hopes to secure at least an additional

two points of scoring with a five (5) percent local match. Staff will be working with the

involved jurisdictions over the next several weeks in an attempt to identify matching funds

that are generally proportional to the project costs in each jurisdiction. Regional sources may

be an option for filling this gap, but the grant application will be submitted only if the

collaborative SBCTA/local funding commitments can be secured to a level deemed to be

sufficient by the SBCTA Executive Director. Cooperative agreements already exist with the

jurisdictions, but these do not include funding commitments. It is believed that the

application strategy of competing for these ATP funds under the SBCTA umbrella provides

the best chance of success at this highly competitive statewide level, as demonstrated by the

success of Phase I.

San Bernardino County Safe Routes to School Program Implementation Phase II ($1 million

grant request, no match required). The County of San Bernardino SRTS Program is focused

on providing opportunities to increase cycling and walking to school, increase physical

activity, improve health outcomes, reduce injuries, reduce emissions, and reduce vehicle

miles traveled. The purpose of this grant application is to support countywide SRTS non-

infrastructure activities at schools located throughout the county based on the SRTS plan that

has been previously developed through collaboration between SBCTA, local jurisdictions,

and school districts. This is a joint effort that began with a partnership developed under the

Countywide Vision Wellness Element Group, comprising SBCTA, the San Bernardino

County Department of Public Health (SBCDPH), and the San Bernardino County

Superintendent of Schools (SBCSS). The implementation of the program has already started

with 25 out of the 56 identified schools. The ATP Cycle 4 application will request funding to

complete the SRTS programs at the remaining 31 schools. The project will provide

extensive education, encouragement, enforcement, and evaluation activities to the

participating schools, which will promote understanding of the health and safety benefits of

the SRTS program. The project will also develop regional materials, such as suggested

school route maps and a Final Report that the County can use to inform the public about the

programs’ outcomes, and opportunities for future projects.

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In the event some of the project work is funded through the SB1 program, staff recommends the

Board authorize the Executive Director, or his designee, to execute any required Baseline

Agreements between SBCTA, Caltrans and the CTC once SB1 funds are programmed.

Board approval is not required by the State for the grant application submittals. The information

provided is intended to keep the Board informed of the overall funding strategy, and staff would

benefit from Board member comments before the grant applications are finalized.

It should also be noted that SBCTA is working with Caltrans and the City of Fontana on the

San Sevaine Class I Multipurpose Trail Development application ($20 million). Originally,

Caltrans was expecting to be the lead, but a portion of the project is off the Caltrans system.

Therefore, the City will be the lead for the application, and if selected, would execute the

baseline agreement.

Financial Impact:

This item has no immediate impact on the adopted Fiscal Year 18/19 budget. However, a budget

amendment would be required should either of the grant applications be awarded, including any

required match commitments.

Reviewed By:


committees.

Responsible Staff:

Josh Lee, Chief of Planning

Approved


Date: June 13, 2018

Witnessed By:

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Minute Action

AGENDA ITEM: 8

Date: June 13, 2018

Subject:

2018 Update to the Development Mitigation Nexus Study

Recommendation:

That the General Policy Committee recommend the Board, acting as the County Transportation

Authority:

Approve the 2018 Update to the Development Mitigation Nexus Study Project Lists and Cost

Estimates.

Background:

State law requires updating of the SBCTA Congestion Management Program (CMP) every two

years. The Development Mitigation Nexus Study (Appendix G of the CMP) is also updated

every two years as part of the CMP update. The Nexus Study is being updated so that

jurisdictions have this information available for their transportation fee program updates

according to the normal update cycles identified in the Nexus Study. Local jurisdictions in the

Valley and Victor Valley collect development impact fees (DIFs) for regional arterial,

interchange, and rail/highway grade separation projects and use those funds to match Measure I

funding when these projects are developed and constructed. Appendix F of the CMP outlines the

provisions and requirements of the Development Mitigation Nexus Study, particularly the

development and maintenance of the Nexus Study project lists and cost estimates. Appendix F

was first adopted by the SBCTA Board and incorporated into the CMP in 2005.

The Development Mitigation Program update has been underway since September 2017.

Staff discussed the update with the Transportation Technical Advisory Committee (TTAC) and

distributed a formal request for information. Jurisdictions were asked to update arterial and

interchange project lists, including the addition or deletion of projects, modifications to project

limits and changes to project costs. SBCTA staff updated the interchange and arterial project

tables in the Development Mitigation Nexus Study. A draft 2017 update of Table 3 (Interchange

Improvements and 2017 Costs, Including a Comparison to 2015 Nexus Study Costs) and Nexus

Study Attachment 1 (Arterial Projects by jurisdiction) were distributed to Valley and Victor

Valley representatives on the Transportation Technical Advisory Committee (TTAC) in

September 2017.

In addition, Table 6, Railroad Grade Separation Projects on the Nexus Study Network, is

included which incorporates current project cost information. Nexus Study Attachment 1

contains the recommended arterial project updates to the SBCTA Nexus Study as of 2017.

Modifications included adding or deleting projects, modifying project scope (including project

limits), adjusting project costs and updating the associated tables for each local jurisdiction.

The most important tables in the Nexus Study update are Tables 7 and 8, which document the

development share of total costs that need to be met or exceeded with the transportation DIF

programs that are updated by the Valley and Victor Valley cities and the County. The costs in

Table 7 are for the cities, and the costs in Table 8 are for the County spheres of influence. The

overall mitigation cost increase is approximately eight percent when compared to the 2015

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Nexus Study. The 2015 change relative to 2013 was approximately a three percent decrease.

However, the changes vary from one jurisdiction to another.

The updated Tables 3, 6, 7 and 8 of the Development Mitigation Nexus Study have

been included as an attachment to this item. The complete updated Development

Mitigation Nexus Study can be found on the SBCTA Traffic Mitigation webpage atat the

following ftp site:

ftp://gis.sanbag.ca.gov/SBCTA/NexusStudyUpdate/CMP-AppendixG-2018.pdf

Following approval of the updated Nexus Study, a request will be sent to Valley and Victor

Valley jurisdictions to update their fee programs according to the schedule in Table 9 of the

Nexus Study. Jurisdictions may defer any changes for one year following adoption of the 2018

Nexus Study update.

Financial Impact:

This item has no impact on the adopted Fiscal Year 2017/2018 SANBAG Budget.

Reviewed By:

This item is not scheduled for review by any other policy committee. The information in this

item was distributed to the Transportation Technical Advisory Committee on June 4, 2018.

Responsible Staff:

Cameron Brown, Senior Planner

Approved


Date: June 13, 2018

Witnessed By:

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ftp://gis.sanbag.ca.gov/SBCTA/NexusStudyUpdate/CMP-AppendixG-2018.pdf

Development Mitigation Nexus Study

Update to Tables 3, 6, 7 and 8

Appendix G of the

SBCTA Congestion Management Program

prepared by the San Bernardino County Transporation

Authority (SBCTA)

May 2018

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Table 3 Interchange Improvements and 2017 Costs,

Including a Comparison to 2015 Nexus Study Costs

Interchange

2015 Nexus Study Cost ($Millions)

Lead Agency

2017 Nexus Study Cost

Update ($Millions)

Federal Earmark/ State Buy-Down

($Millions)

Source of Cost

Estimate

Year

Estimate Prepared

SR-60 at: Ramona $30 Chino $30 SBCTA 2011 Central $21 SBCTA $24 SBCTA 2017

Mountain $15 Ontario/Chino $15 Ontario DIF &

SBCTA 2012

Euclid - Phase 1 (Widen WB exit) - Phase 2 (Widen EB exit) - Phase 3 (Widen EB/ WB on-ramps)

$6

$2 $4

Caltrans Ontario Ontario

$6

$2 $4

Ontario DIF &

SBCTA 2012

Grove $51 Ontario $51 Ontario DIF &

SBCTA 2012

Vineyard $51 Ontario $51 Ontario DIF &

SBCTA 2012

Archibald $12.939 SBCTA $14.6 SBCTA

Feasibility Study 2014

I-10 at: Monte Vista $32 Montclair $33 SBCTA 2017 Euclid $9 Upland $9 SBCTA 2015 Grove/4th $128 Ontario $199 $3.83 Ontario 2017 Vineyard $84 Ontario $3 SBCTA 2017 Cherry $80.7 SBCTA $92.3* $1.46 SBCTA 2017 Beech $114 Fontana $114 Fontana 2011 Citrus $58.5 SBCTA $71.9* SBCTA 2013 Alder $99 Fontana $99 Fontana 2011 Cedar $60.4 County $60.4 SBCTA 2013 Riverside (Ph 1 Complete) - Phase 1 (Ramps) - Phase 2 (Bridge)

$27 $10

SBCTA

Rialto

$48.8*

$4.8

$8.8

PPR

Rialto

2011 2009

Pepper - Pepper/Valley - Ramps/Bridge

$8.34 $7.7

Colton/ County

$15.95* $10.1

$7.1

PAA SBCTA

2011 2013

Mt. Vernon $35 Colton $38.5 SBCTA 2015 Tippecanoe $78 SBCTA $79.5* $35.3 SBCTA 2015 Mountain View $24.5 Loma Linda $37.8 SBCTA 2015 California $45 Loma Linda $58.5 SBCTA 2011

Alabama $9.5 County $11 County/10 Yr.

Delivery Plan 2015

University $5.2 Redlands $5.2 SBCTA 2013 Wabash $40 County $40 County 2013 Live Oak $19 SBCTA $29.9* PAA 2011 Wildwood $35 Yucaipa $26.2 Yucaipa 2017

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Table 3, Continued Interchange Improvements and 2017 Costs,

Including a Comparison to 2015 Nexus Study Costs

Interchange

2015 Nexus Study Cost ($Millions)

Lead Agency

2017 Nexus Study Cost

Update ($Millions)

Federal Earmark/ State

Buy-Down ($Millions)

Source of Cost

Estimate

Year

Estimate Prepared

I-15 at: 6th/Arrow $91.3 Rancho $91.3 FTIP 2013

Baseline $50.0 Rancho $51.4* $13.0 SBCTA/ Rancho

2015

Duncan Canyon $35.8 Fontana $36.6* $2.1 Fontana 2013 Sierra - Phase 1 (Widen SB exit) - Phase 2

$13 $2.3

$10.7 Rialto $12.7

Ph 1 – CT/County Ph 2 - Rialto

2011

Ranchero $58.9 Hesperia $59.5* $7.8 Hesperia 2015 Muscatel $71 Hesperia $71 FTIP 2011 Eucalyptus $61 Hesperia $61 FTIP 2013 Bear Valley $25 Victorville $25 Victorville 2009 La Mesa/Nisqualli (Complete)

$79.6 Victorville $112.5* $9.4 Victorville 2015

I-215 at: University $4.8 SB City $6.2 $0.7 PSR 2015 Pepper/Linden $60 SB City $60 SB City 2015 Palm $11.6 SB City $11.6 SB City 2015 SR-210 at: Waterman $53.8 SB City $53.8 SB City 2015 Del Rosa $38 SB City $38 SB City 2015 Baseline $21.07 SBCTA $19.1 SBCTA 2015 5th $8 Highland $8 Highland 2017

Notes: * Completed project where cost has been escalated to 2017 dollars.

PSR – Project Study Report PPR – Project Programming Request provided by local jurisdiction or SBCTA PAA – Project Advancement Agreement FTIP – Federal Transportation Improvement Program DIF – Development Impact Fee Program No change means no additional information available since 2015 Nexus Study.

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Table 6. Railroad Grade Crossing Projects on Nexus Study Network

Description

2017 Cost Estimate ($1000s)

Buy Down Location

Ratio Train

Growth to 2030

Ratio Trip

Growth to 2030

2017 Cost Allocation To Development

($1000s) Local Share

Olive Street in Colton on the San Bernardino Line $0 Colton 55% 43.6% $0 0.0% Valley Boulevard in Colton on the San Bernardino Line $0 Colton 55% 43.6% $0 0.0% Laurel Street in Colton (Replaces Valley) $60,647 ($10,334) Colton 55% 43.6% $9,861 19.6% Fogg Street in Colton (Replaces Olive) $24,673 Colton 55% 43.6% $4,836 19.6% Widen Mount Vernon Avenue grade separation in Colton on the Alhambra Line $0 Colton 55% 43.6% $0 0.0% In Fontana on Citrus Avenue At Santa Fe Railroad, Construct Undercrossing For Existing 4 Lanes $0 Fontana 55% 32.1% $0 0.0%

Main Street in Grand Terrace on the San Bernardino Line $29,050 Grand

Terrace 55% 39.9% $5,220 18.0% In Hesperia on Ranchero Road 7th Avenue To Danbury, Realign Road, Construct Railroad Undercrossing $32,015 ($9,070) Hesperia 55% 58.9% $6,084 26.5% Mauna Loa/Lemon and BNSF Grade Separation (costs from feasibility study) $59,980 Hesperia 55% 58.9% $15,906 26.5% Eucalyptus Road in Hesperia on the BNSF Line $0 Hesperia 55% 58.9% $0 0.0% Beaumont Avenue in Loma Linda on the Yuma Line $24,901 Loma Linda 55% 38.8% $4,352 17.5% Monte Vista Avenue in Montclair at the UPRR Crossing $31,460 ($2,090) Montclair 55% 18.9% $2,502 8.5% Widen Central Avenue grade separation in Montclair on the Alhambra and Los Angeles Lines $0 Montclair 55% 18.9% $0 0.0% Archibald Avenue in Ontario on the Los Angeles Line $59,486 Ontario 55% 44.4% $11,881 20.0% North Milliken Avenue in Ontario on the Alhambra Line $40,621 ($7,161) Ontario 55% 44.4% $6,683 20.0% South Milliken Avenue in Ontario on the Los Angeles Line $63,835 ($2,482) Ontario 55% 44.4% $12,254 20.0% Vineyard Avenue in Ontario on the Alhambra Line $45,180 ($2,074) Ontario 55% 44.4% $8,609 20.0% Haven Avenue in Rancho Cucamonga at Metrolink Crossing $21,069 Rancho 55% 28.7% $2,721 12.9% Railroad crossing safety improvements at San Timoteo Road in Redlands on the Yuma Line $1,961 Redlands 55% 23.1% $204 10.4%

Palm Avenue in San Bernardino on the Cajon Line $23,667 ($7,130) San

Bernardino 55% 32.4% $2,410 14.6%

Rialto Avenue in San Bernardino on the San Bernardino Line $25,803 San

Bernardino 55% 32.4% $3,760 14.6%

Hunts Lane in San Bernardino/Colton on the Yuma Line $28,866 ($9,499) S.

Bern./Colton 55% 38.0% $3,309 17.1% Glen Helen Parkway in San Bernardino County on Cajon Line $30,978 ($2,320) County 55% 62.2% $8,021 28.0%

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Table 7. Summary of Fair Share Costs for Arterial, Interchange, and Railroad Grade

Crossing Project Costs for Cities (through year 2030) Cost in Millions of 2017 dollars

2017

Jurisdiction

Ratio of Trip Growth to 2030 Trips

(Development Fair Share)

Total Arterial Cost

Development Share of Total Arterial Cost

Public Share of Total

Arterial Cost

Development Share Of

Interchange Cost

Development Share Of Railroad

Grade Crossing Cost

Development Share of Total

Cost

Adelanto 63.5% $222.08 $141.02 $81.05 $0.00 $0.00 $141.02 Apple Valley 55.0% $305.49 $168.14 $137.35 $12.53 $0.00 $180.67 Chino 35.2% $142.90 $50.24 $92.66 $26.11 $0.00 $76.35 Chino Hills 13.7% $25.50 $3.49 $22.01 $0.00 $0.00 $3.49 Colton 43.6% $55.99 $24.39 $31.60 $12.04 $16.35 $52.77 Fontana 32.1% $410.87 $131.95 $278.91 $152.46 $0.00 $284.42 Grand Terrace 39.9% $28.92 $11.55 $17.37 $0.00 $5.22 $16.77 Hesperia 58.9% $163.34 $96.26 $67.09 $87.13 $21.99 $205.37 Highland 46.4% $129.77 $60.23 $69.54 $14.78 $0.00 $75.01 Loma Linda 38.8% $102.57 $39.83 $62.74 $28.24 $4.35 $72.42 Montclair 18.9% $10.00 $1.89 $8.11 $6.66 $2.50 $11.05 Ontario 44.4% $245.71 $109.05 $136.65 $92.71 $39.43 $241.19 Rancho Cucamonga 28.7% $106.62 $30.59 $76.02 $61.44 $2.72 $94.76 Redlands 23.1% $91.83 $21.22 $70.61 $9.46 $0.20 $30.89 Rialto 40.9% $114.90 $46.94 $67.95 $21.06 $0.00 $68.01 San Bernardino 32.4% $218.12 $70.64 $147.49 $61.05 $7.82 $139.51 Upland 39.4% $54.03 $21.29 $32.74 $5.52 $0.00 $26.81 Victorville 49.0% $84.16 $41.27 $42.89 $61.16 $0.00 $102.43 Yucaipa 30.9% $144.45 $44.63 $99.82 $24.08 $0.00 $68.71 Total $2,657.23 $1,114.63 $1,542.60 $676.43 $100.59 $1,891.65

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Table 7. Summary of Fair Share Costs for Arterial, Interchange, and Railroad Grade

Crossing Project Costs for Cities (through year 2030) Cost in Millions of 2015 dollars

2015

Jurisdiction

Ratio of Trip Growth to 2030 Trips

(Development Fair Share)

Total Arterial

Cost

Development Share of

Total Arterial Cost

Public Share of Total

Arterial Cost


Interchange Cost


Railroad Grade Crossing Cost

Development Share of

Total Cost

Adelanto 63.5% $222.08 $141.02 $81.05 $0.00 $0.00 $141.02 Apple Valley 55.0% $242.00 $133.20 $108.81 $10.23 $0.00 $143.43 Chino 35.2% $151.10 $53.12 $97.98 $23.34 $0.00 $76.46 Chino Hills 13.7% $12.58 $1.72 $10.85 $0.00 $0.00 $1.72 Colton 43.6% $49.79 $21.68 $28.10 $6.89 $16.35 $44.93 Fontana 32.1% $387.61 $124.49 $263.13 $146.58 $0.00 $271.07 Grand Terrace 39.9% $35.23 $14.07 $21.16 $0.00 $5.22 $19.29 Hesperia 58.9% $195.43 $115.16 $80.26 $89.40 $21.99 $226.56 Highland 46.4% $129.77 $60.23 $69.54 $15.61 $0.00 $75.84 Loma Linda 38.8% $80.50 $31.26 $49.24 $22.16 $4.35 $57.77 Montclair 18.9% $10.00 $1.89 $8.11 $6.47 $2.50 $10.87 Ontario 44.4% $195.48 $86.76 $108.72 $134.38 $39.43 $260.57 Rancho Cucamonga 28.7% $103.78 $29.78 $74.00 $61.81 $2.72 $94.31 Redlands 23.1% $72.05 $16.65 $55.40 $7.98 $0.20 $24.83 Rialto 40.9% $108.06 $44.15 $63.91 $15.94 $0.00 $60.09 San Bernardino 32.4% $164.01 $53.11 $110.90 $59.50 $7.82 $120.44 Upland 39.4% $54.03 $21.29 $32.74 $3.85 $0.00 $25.15 Victorville 49.0% $57.54 $28.21 $29.32 $51.90 $0.00 $80.11 Yucaipa 30.9% $131.15 $40.52 $90.63 $24.53 $0.00 $65.05 Total $2,402.18 $1,018.33 $1,383.85 $680.58 $100.59 $1,799.50

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Table 8. Summary of Fair Share Costs for Arterial, Interchange, and Railroad Grade Crossing Project Costs for Sphere Areas (through 2030)

Costs in Millions of 2017 dollars

2017

Jurisdiction

Ratio of Trip Growth to 2030 Trips (Fair Share

%)

Total Arterial

Cost

Developmen

t Share of Total

Arterial Cost

Public Share of

Total Arterial

Cost

Development

Share Of Interchange

Cost


Railroad Grade Separation Cost


Cost

Adelanto Sphere 63.0% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Apple Valley Sphere 57.2% $10.95 $6.26 $4.69 $0.35 $0.00 $6.60 Chino Sphere 36.7% $28.84 $10.57 $18.26 $1.71 $0.00 $12.28 Colton Sphere 37.2% $6.95 $2.59 $4.37 $0.14 $0.00 $2.73 Devore/Glen Helen 62.2% $17.69 $11.00 $6.69 $0.00 $8.02 $19.02 Fontana Sphere 41.7% $57.31 $23.93 $33.39 $42.84 $0.00 $66.77 Hesperia Sphere 41.5% $28.36 $11.78 $16.58 $3.84 $0.00 $15.62 Loma Linda Sphere 72.3% $0.00 $0.00 $0.00 $7.13 $0.00 $7.13 Montclair Sphere 36.6% $11.76 $4.30 $7.45 $3.03 $0.00 $7.33 Redlands Sphere 35.5% $21.71 $7.71 $14.00 $12.53 $0.00 $20.24 Redlands Donut Hole 62.0% $1.50 $0.93 $0.57 $10.66 $0.00 $11.58 Rialto Sphere 37.6% $43.60 $16.41 $27.18 $30.62 $0.00 $47.03 San Bernardino Sphere 23.1% $13.43 $3.11 $10.32 $3.67 $0.00 $6.78 Upland Sphere 38.7% $7.15 $2.77 $4.39 $2.11 $0.00 $4.88 Victorville Sphere 17.8% $26.71 $4.74 $21.97 $0.82 $0.00 $5.57 Yucaipa Sphere 39.5% $0.88 $0.35 $0.53 $0.00 $0.00 $0.35 Total $276.83 $106.45 $170.38 $119.45 $8.02 $233.91

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Table 8. Summary of Fair Share Costs for Arterial, Interchange, and Railroad Grade Crossing Project Costs for Sphere Areas (through 2030)

Costs in Millions of 2015 dollars

2015

Jurisdiction

Ratio of Trip Growth to 2030 Trips (Fair Share

%)

Total Arterial

Cost

Development

Share of Total

Arterial Cost

Public Share of

Total Arterial

Cost

Development

Share Of Interchange

Cost


Railroad Grade Separation Cost


Cost

Adelanto Sphere 63.0% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Apple Valley Sphere 57.2% $10.95 $6.26 $4.69 $0.37 $0.00 $6.63 Chino Sphere 36.7% $28.84 $10.57 $18.26 $1.69 $0.00 $12.27 Colton Sphere 37.2% $6.95 $2.59 $4.37 $0.07 $0.00 $2.65 Devore/Glen Helen 62.2% $17.69 $11.00 $6.69 $0.00 $8.02 $19.02 Fontana Sphere 41.7% $57.31 $23.93 $33.39 $40.23 $0.00 $64.15 Hesperia Sphere 41.5% $28.36 $11.78 $16.58 $3.98 $0.00 $15.76 Loma Linda Sphere 72.3% $0.00 $0.00 $0.00 $5.33 $0.00 $5.33 Montclair Sphere 36.6% $11.76 $4.30 $7.45 $2.91 $0.00 $7.21 Redlands Sphere 35.5% $21.13 $7.50 $13.63 $12.53 $0.00 $20.03 Redlands Donut Hole 62.0% $1.50 $0.93 $0.57 $8.48 $0.00 $9.41 Rialto Sphere 37.6% $40.85 $15.38 $25.47 $28.12 $0.00 $43.50 San Bernardino Sphere 23.1% $13.43 $3.11 $10.32 $3.19 $0.00 $6.30 Upland Sphere 38.7% $7.15 $2.77 $4.39 $2.04 $0.00 $4.81 Victorville Sphere 17.8% $21.31 $3.78 $17.53 $0.64 $0.00 $4.42 Yucaipa Sphere 39.5% $0.88 $0.35 $0.53 $0.00 $0.00 $0.35 Total $268.11 $104.25 $163.86 $109.58 $8.02 $221.85

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Minute Action

AGENDA ITEM: 9

Date: June 13, 2018

Subject:

Non-Motorized Transportation Plan Amendment: Update Bike Plan and Incorporate Safe Routes

to School (SRTS), Points of Interest Pedestrian Plan (PIPP), and Rim of the World (ROTW)

Active Transportation Plan

Recommendation:

That the General Policy Committee recommend the Board approve amendments to the

San Bernardino County Non-Motorized Transportation Plan as contained in Attachments A

through G and outlined below.

Background:

Amendments to the San Bernardino County Non-Motorized Transportation Plan (NMTP) were

last approved by the SANBAG (SBCTA) Board in May 2015 (available on the SBCTA website

at http://www.gosbcta.com/plans-projects/plans-non-motor.html). The NMTP conforms to the

requirements established by the State of California for local jurisdiction eligibility to receive

grant funds related to Active Transportation projects. The California Transportation Commission

(CTC) announced the 2019 (Cycle 4) call-for-projects May 22, 2018 with the deadline for

application submittal of July 31, 2018.

The NMTP details plans and policies for encouraging utilization of active transportation modes,

guidelines for developing non-motorized infrastructure, and implementation priorities for

regional projects. Conformity to the NMTP is an eligibility requirement of the State of

California for local jurisdictions to receive grant funds.

Thus, to maximize the potential scores regarding regional plan consistency, SBCTA staff

recommends amendments to the NMTP to include the items listed below. Please note,

attachments are being made available as separate documents via a ftp site due to their

large size, ftp://gis.sanbag.ca.gov/SBCTA/GPC/. The final document will consist of an edited

NMTP with links to the appendices which will remain separate documents.

Attachment A – NMTP Redline Edits identifies the changes staff is recommending to the

last adopted NMTP including a new cover, modification of the Table of Contents,

updates to local existing and planned bike paths for Apple Valley, Big Bear Lake, Chino

Hills, Fontana, Grand Terrace, Hesperia, Highland, Needles, Ontario, Redlands, Rialto,

Twentynine Palms, Victorville, and Yucaipa per local staff request. Appendices are also

included with brief descriptions and links to the Safe Routes to School Plan, the Points

of Interest Pedestrian Plan, and the Rim of the World Active Transportation Plan.

Project costs are approximate planning-level estimates and will be refined as specific

projects are proposed for development and construction.

Attachment B – Regional Safe Routes to School Plan Volume 1 (proposed NMTP

Appendix C-1) contains non-city specific resources available including methodology,

best practices, and lessons learned.

Attachment C – Regional Safe Routes to School Plan Volume 2 (proposed NMTP

Appendix C-2) outlines actual plans developed for specific school sites within each

member jurisdiction.

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Attachment D – Points of Interest Pedestrian Plan (PIPP, proposed NMTP Appendix D)

which is intended to help capture active transportation plans that may have otherwise

fallen through the cracks as they may not be school or bicycle centric.

Attachment E – PIPP Cost Effectiveness Model Results (proposed link within Appendix

D)

Attachment F – Rim of the World Active Transportation Plan (proposed NMTP

Appendix E) is a grassroots, mixed use plan driven by community efforts.

Attachment G – County of San Bernardino Board adoption of the Rim of the World

Active Transportation Plan.

SBCTA and the local jurisdictions in San Bernardino County are aggressively pursuing planning

and construction of Active Transportation projects throughout the County to develop better

bicycle connectivity between cities and subareas of the County and to improve overall health and

safety through SRTS and pedestrian focused projects. The proposed amendments are one of

many active transportation efforts of SBCTA and its partners to grow the system in a

comprehensive and regionally consistent manner.

Approval of this amendment to the NMTP does not constitute a financial commitment to the

project by either SBCTA or the local jurisdictions. It only permits inclusion of the project into

the NMTP document, which would enable the projects from the cities to be eligible for funding

under the State’s ATP and other related funding. Additional descriptions of the SRTS, PIPP, and

Rim of the World Plans are provided below.

San Bernardino County Safe Routes to School Plan

The Regional Safe Routes to School (SRTS) Plan was created with the purpose of guiding

strategic improvements to the safety and accessibility of non-motorized transportation networks

around San Bernardino County schools. It seeks to build upon the findings from Phase I of the

Regional Safe Routes to School Plan by (1) compiling findings from field observations and

student travel pattern data collected from approximately ten percent of the County’s public

schools, (2) assembling an inventory of site-specific recommended school zone bicyclist and

pedestrian network improvements based on these data, (3) providing resources for future

implementation efforts at a regional scale, and (4) developing a strategy for collecting student

travel data on a periodic basis for monitoring and modeling purposes. These resources can be

used to assist local agencies in creating an effective, systematic, regionally consistent program

for delivering necessary improvements to school-vicinity bicyclist and pedestrian commute

networks. The ultimate goal is to promote walking and cycling to school, and improve the

overall health of the students and community by providing safer and more accessible bicycle and

pedestrian facilities.

Points of Interest Pedestrian Plan

The Points of Interest Pedestrian Plan (PIPP) aims to capture important locations in need of

active transportation improvements that were not adequately captured in the original bicycle-

centric Non-Motorized Transportation Plan (NMTP), the broad SBCTA Complete Streets

Strategy, or the school site focused Safe Routes to School Plan (SRTSP). The PIPP provides a

sample pedestrian plan for each of the 25 member jurisdictions, a list of additional pedestrian

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sites in need of pedestrian focused improvements based on extensive data analysis, and a

framework for future plans that utilizes current best practices and a suite tools that can be used to

expand the PIPP to other locations as needed.

Rim of the World Active Transportation Plan

The Rim of the World Active Transportation Plan was a product of a grassroots community

driven effort. Advocates of walking, bicycling, and horseback riding in the Rim of the World

area recognize that these activities are part of active lifestyles and an opportunity for economic

development. They also recognize that walking and bicycling are a means of transportation. By

developing a system of pedestrian, bicycle, and equestrian facilities, the Rim of the World

Recreation and Park District, community stakeholders, and partner organizations intend to

provide residents and visitors with facilities that connect villages, points of recreation, transit

hubs, schools, and job centers. Due to the areas covered by the Rim ATP, this plan includes on-

and off-street paved facilities, along with unpaved multipurpose trails.

Financial Impact:

This item has no financial impacts on Fiscal Year 2017/2018 and 2018/2019 Budget.

Reviewed By:

This item is not scheduled for review by any other policy committee. The information in this

item was distributed to the Transportation Technical Advisory Committee on June 4, 2018.

Responsible Staff:

Ginger Koblasz, GIS Analyst

Approved


Date: June 13, 2018

Witnessed By:

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Entity: San Bernardino Council of Governments

Minute Action

AGENDA ITEM: 10

Date: June 13, 2018

Subject:

Agreement with the Auditor-Controller/Treasurer/Tax Collector for the Collection of Special

Taxes, Fees, and Assessments for Fiscal Year 2018/2019 as required by the HERO Program

Recommendation:

That the General Policy Committee recommend the Board of Directors, acting as the

San Bernardino Associated Governments, approve Agreement 18-1001979 with the

San Bernardino County Auditor-Controller/Treasurer/Tax Collector providing for the collection

of special assessments related to the San Bernardino Associated Governments Home Energy

Renovation Opportunity (HERO) Program for Fiscal Year 2018/2019.

Background:

On March 6, 2013, the Board of Directors held a public hearing and then adopted

Resolution No. 13-044 creating the HERO Program that allows a jurisdiction and an interested

property owner to enter into a contractual agreement to finance the installation of eligible

renewable energy, energy efficiency, or water efficiency improvements that are permanently

affixed to the property.

The HERO Program administered by San Bernardino Associated Governments (SANBAG),

operating as San Bernardino Council of Governments (SBCOG), ended on June 30, 2017.

However, during the four years of the program more than 15,000 assessments were created and

SBCOG has a continuing obligation to bond holders to see that those existing assessments are

collected.

On June 6, 2018, the Board of Directors approved Resolution No. 18-069 requesting the Auditor-

Controller/Treasurer/Tax Collector to enter the special assessments on the tax roll consistent with

the obligations agreed to by the property owners that participated in the HERO Program and with

SBCOG’s obligations to the trustee and bondholders.

On July 12, 2017, San Bernardino Associated Governments entered into Agreement No. 17-

1001772 with San Bernardino County to allow the County to collect the voluntary contractual

assessments from property owners as required for the HERO Program. The County of

San Bernardino has requested that this Agreement be renewed annually and has requested that

SBCOG approve a new agreement before they will collect the special assessments.

Agreement No. 18-1001979 is the new Agreement required by San Bernardino County and it is

recommended for the Board’s approval.

Financial Impact:

This item is consistent with the Fiscal Year 2018/2019 Budget.

Reviewed By:


committee. This item and the draft Agreement have been reviewed by General Counsel.

Responsible Staff:


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Approved


Date: June 13, 2018

Witnessed By:

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Contract No:

Vendor/Customer Name: Sole Source? Yes X No

Description:

Start Date: Expiration Date:

Has Contract Term Been Amended? X No

List Any Related Contracts Nos.:

Original Contract Original Contingency

Revised Contract Revised Contingency

(Inclusive of Prior (Inclusive of Prior

Amendments) Amendments)

Current Amendment Contingency Amendment

TOTAL CONTRACT VALUE TOTAL CONTINGENCY VALUE

TOTAL DOLLAR AUTHORITY

(Contract Value and Contingency)

Executive Director Date:

Executive Director Action:

X Board of Directors Date:

Board of Directors Action:

X

Invoice Warning: Renewals: Type: Capital PAA X Other

Retention: Maximum Retention:

Services: Construction X Intrgrnt/MOU/COOP A & E Services Other Professional Services

Disadvantaged Business Enterprise (DBE) Goal

E-76 and/or CTC Date (Attach Copy) Program Supplement No.:

Finance Letter Reversion Date:

All of the above MUST be submitted to FINANCE including originals, amendments and miscellaneous transaction changes

Amendment No.: Vendor No.: 00559San Bernardino County-Auditor-Controller/Treasurer/Tax

Collector

Agreement for HERO Program for collection of special taxes, fees, and assessments

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Approve Contract No. 18-1001979

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Project Manager: Duane Baker

Revised Expiration Date:

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18-1001979

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EA No.:

07/11/2018

Contract Summary Sheet

Dollar Amount

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General Contract Information

Contract Management: Receivable

Contract Management: Payable/Miscellaneous

Contract Authorization

07/01/201907/11/2018

Yes - Please Explain


5/2015

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AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR

AGREEMENT FOR COLLECTION OF SPECIAL

TAXES, FEES, AND ASSESSMENTS

FISCAL YEAR 2018-19

THIS AGREEMENT is made and entered into this _____ day of _________________, 2018,

by and between the COUNTY OF SAN BERNARDINO, hereinafter referred to as “County”

and the SAN BERNARDINO ASSOCIATED GOVERNMENTS, hereinafter referred to as

“District”.

WITNESSETH:

WHEREAS, Government Code Sections 29304 and 51800 authorize the County to

recoup its collection costs when the County collects taxes, fees, or assessments for any

school district, special district, zone or improvement district thereof; and

WHEREAS, the District and County have determined that it is in the public interest

that the County, when requested by District, collect on the County tax rolls the special taxes,

fees, and assessments for District.

NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:

1. County agrees, when requested by District as hereinafter provided to collect on

the County tax rolls the special taxes, fees, and assessments of District, and of each zone or

improvement District thereof.

2. When County is to collect District’s special taxes, fees, and assessments, District

agrees to notify in writing the Auditor-Controller (268 W. Hospitality Lane, 4TH floor, San

Bernardino, CA 92415) of the County on or before the 10th day of August of each fiscal year of

the Assessor’s parcel numbers and the amount of each special tax, fee, or assessment to be so

collected. Any such notice, in order to be effective, must be received by the Auditor-Controller

by said date.

3. County may charge District an amount per parcel for each special tax, fee, or

assessment that is to be collected on the County tax rolls by the County for the District, not to

exceed County’s actual cost of collection.

4. District warrants that the taxes, fees, or assessments imposed by District and

collected pursuant to this Agreement comply with all requirements of state law, including but

not limited to, Articles XIIIC and XIIID of the California Constitution (Proposition 218).

5. District hereby releases and forever discharges County and its officers, agents

and employees from any and all claims, demands, liabilities, costs and expenses, damages,

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causes of action, and judgments, in any manner arising out of District’s responsibility under

this agreement, or other action taken by District in establishing a special tax, fee, or

assessment and implementing collection of special taxes, fees or assessments as

contemplated in this agreement.

6. The County Auditor/Controller has not determined the validity of the taxes or

assessments to be collected pursuant to this contract, and the undersigned District hereby

assumes any and all responsibility for making such a determination. The undersigned

District agrees to indemnify, defend and hold harmless the County and its authorized officers,

employees, agents and volunteers from any and all claims, actions, losses, damages, and/or

liability arising out of this contract or the imposition of the taxes or assessments collected

pursuant to this contract, and for any costs or expenses incurred by the County on account of

any claim therefore, except where such indemnification is prohibited by law. If any judgment

is entered against County or any other indemnified party as a result of action taken to

implement this Agreement, District agrees that County may offset the amount of any

judgment paid by County or by any indemnified party from any monies collected by County

on District’s behalf, including property taxes, special taxes, fees, or assessments. County

may, but is not required to, notify District of its intent to implement any offset authorized by

this paragraph.

7. District agrees that its officers, agents and employees will cooperate with

County by answering inquiries made to District by any person concerning District’s special

tax, fee, or assessment, and District agrees that is officers, agents and employees will not

refer such individuals making inquiries to County officers or employees for response.

8. District shall not assign or transfer this agreement or any interest herein and

any such assignment or transfer or attempted assignment or transfer of this agreement or

any interest herein by District shall be void and shall immediately and automatically terminate

this agreement

9. This agreement shall be effective for the 2018/2019 fiscal year.

10. Either party may terminate this agreement for any reason upon thirty days

written notice to the other party. The County Auditor/Controller shall have the right to

exercise County’s right and authority under this contract including the right to terminate the

contract.

11. County’s waiver of breach of any one term, covenant, or other provision of this

agreement, is not a waiver of breach of any other term, nor subsequent breach of the term or

provision waived.

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12. Each person signing this agreement represents and warrants that he or she

has been fully authorized to do so.

IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the

day and year first above written.

District: San Bernardino Associated Governments

By: _______________________________

Printed Name: _______________________________

Title: _Board President_________________

Date: _______________________________

OSCAR VALDEZ,

AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR

SAN BERNARDINO COUNTY

By Authorized Deputy: _______________________________

Printed Name: __Linda Santillano________________

Title: __Chief Deputy, Property Tax _______

Date: _______________________________

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Authority

Minute Action

AGENDA ITEM: 11

Date: June 13, 2018

Subject:

State and Federal Legislative Update

Recommendation:

Receive and file the June 2018 State and Federal Legislative Update.

Background:

STATE UPDATE

Governor’s May Budget Revise

The 2018-19 May Revision to the Governor’s Budget reflects an anticipated $8 billion in higher

revenue and proposes spending of $199.3 billion in total state funds, consisting of $137.6 billion

from the General Fund, $58 billion from special funds, and $3.7 billion from bond funds.

The May Revision proposes nearly $4 billion in one-time General Fund spending focused in

three core areas: Infrastructure: $2 billion for capital expenditures including universities,

courts, state facilities and flood control. Homelessness: $359 million package to assist local

governments to support immediate efforts to address homelessness, including $50 million for

individuals with mental illness. Mental Health: $312 million for enhanced early detection of

mental health problems and training of mental health professionals. The May Revision also

proposes to place a $2 billion No Place Like Home bond on the November ballot to accelerate

the delivery of housing projects to serve the mentally ill.

The revised budget does not have any substantial increases in funding for transportation

programs.

Legislative Tracking

Attachment A is a list of support and oppose positions taken by San Bernardino County

Transportation Authority (SBCTA) / San Bernardino Council of Governments (SBCOG) on state

and federal bills and their legislative status.

Attachment B reflects bills of interest for SBCTA / SBCOG.

FEDERAL UPDATE

House Passes Appropriations Bills

The House has advanced Fiscal Year (FY) 2019 appropriations bills out of committee at a steady

pace in May, hoping to pass a spending package before current government funding expires on

September 30, 2018.

On May 23rd

, the House Appropriations Committee approved the FY 2019 Transportation,

Housing and Urban Development appropriations bill.

The bill includes $27.8 billion for the U.S. Department of Transportation (DOT),

a $542 million increase from the FY 2018 enacted level, including:

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June 13, 2018

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- Better Utilizing Investments to Leverage Development (BUILD) program, formerly

Transportation Investment Generating Economic Recovery (TIGER): $750 million, with $250

million of that set aside for rural projects and $250 million for port projects that "are within the

boundaries of seaport facilities and intermodal connectors serving those facilities"

- Federal Aviation Administration (FAA): $17.7 billion, a $310 million decrease from the

FY 2018 enacted level

- Highway Trust Fund (HTF): Allows $46 billion from the HTF to be used for the Federal-aid

Highways Program, a $1 billion increase from the FY 2018 enacted level

- Discretionary highway funding: An additional $4.25 billion, of which $150 million is

appropriated for the Tribal Transportation Program and to fund projects of national significance

on federal and tribal lands

- Rail infrastructure and safety programs: $3.2 billion, a $62.5 million increase from the FY 2018

enacted level

- Federal State Partnership for State of Good Repair grants: $500 million, a $250 million increase

from the FY 2018 enacted level

- Consolidated Rail Infrastructure and Safety Improvement (CRISI) grants: $300 million, a

decrease of $292.5 million from the FY 2018 enacted level

- Federal Transit Administration (FTA): $13.6 billion, a $141 million increase over the FY 2018

enacted level

- Transit Formula Grants: $9.9 billion, consistent with levels authorized by the Fixing America’s

Surface Transportation Act (FAST) Act – within this amount, $2.6 billion is included for Capital

Investment Grants (CIG) projects, of which $1 billion is included for current Full Funding Grant

Agreements (FFGAs), and $1 billion is dedicated to new projects

- Language that limits the federal match for New Starts projects to 50 percent

- Transit Infrastructure Grants: $800 million, a $34 million decrease from the FY 2018 enacted

level

- National Highway Traffic Safety Administration (NHTSA): an increase of $67 million over the

FY 2018 enacted level

The Senate looks to begin marking their spending bills up in early June.

Financial Impact:

This item has no financial impact on the adopted Fiscal Year 2017/2018 Budget.

Reviewed By:


committee.

Responsible Staff:

Louis Vidaure, Management Analyst II

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June 13, 2018

Page 3



Approved


Date: June 13, 2018

Witnessed By:

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TRANSPORTATION AUTHORITY (SBCTA) / COUNCIL OF GOVERNMENTS (SBCOG)

LEGISLATIVE BILL POSITIONS - JUNE 2018

Legislation / Author Description Bill Status Position Date Position

Adopted

AB 28 (Frazier)

Extends Caltrans responsibilities for

environmental review and clearence of

transportation projects under National

Environmental Policy Act (NEPA) that would

otherwise be the responsibility of the federal

government.

Approved by Governor and

Chaptered by Secretary of State.

(3/29/17) Support 12/8/2016

AB 1523 (Obernolte)

SBCTA Sponsored Bill.

Would allow use of design-build procurement

method on Mt. Vernon Viaduct Project in City

of San Bernardino.



(7/31/17) Sponsor 2/17/2017

AB 278 (Steinorth)

Provides California Environmental Quality Act

(CEQA) exemptions for projects on existing

infrastructure within an existing right-of-way.

Failed deadline to pass from policy

committee. DEAD

(1/12/18) Support 3/1/2017

AB 215 (Rodriguez)

Would appropriate $30 million from the State

General Fund to SBCTA for the purpose of

funding the Los Angeles-Pasadena Foothill

Gold Line extension of light rail from Los

Angeles County Line to the City of Montclair.

Failed deadline to pass from policy

committee. DEAD

(1/12/18) Support 3/30/2017

SB 268 (Mendoza)

Would make significant changes to the

governance structure of the Los Angeles

County Metropolitan Transportation Authority

(Metro) Board of Directors. Bill terminated for lack of author. Oppose 5/8/2017

ATTACHMENT A11.a

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Adopted

AB 1113 (Bloom)

Would amend the statutes governing the

State Transit Assistance (STA) program to

address negative impacts regarding

distribution of funds to Regional

Transportation Planning Agencies (RTPA) such

as SBCTA.



(7/21/17) Support 6/5/2017

SB 649 (Hueso)

Would change permitting of wireless and

small cell telecommunications facilities by

local governments. Vetoed by Governor. (10/15/17) Oppose 6/5/2017

AB 805 (Gonzalez-

Fletcher)

Seeks to change the governance and voting

structure of the San Diego Association of

Governments (SANDAG).



(10/13/17) Oppose 6/12/2017

AB 344 (Melendez)

Would not require a person contesting toll

lane violation to pay associated penalty, until

after appeal or administrative review process

is completed.

Held in Senate Transportation and

Housing Committee - Two-year bill.

(7/14/17)

Oppose unless

amended 6/12/2017

AB 1069 (Low)

Would place regulatory responsibility over taxi

cabs with countywide transportation agencies.



(10/13/17) Oppose 6/29/2017

AB 1759 (McCarty)

Would link distribution of SB 1 formula funds

to a city or county's Regional Housing Needs

Assessment allocation.

Bill gut and amended and no longer

addresses transportation issue.

(4/09/18) Oppose 3/7/2018

AB 1901 (Obernolte)

Would extend to 2023 the exemption from

CEQA for transportation projects on existing

roadways, that are carried out by cities or

counties with populations of less than

100,000.

Referred to Senate Committee on

Environmental Quality. (5/10/18) Support 3/7/2018

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Adopted

AB 1905 (Grayson)

Would prohibit a court from staying or

enjoining a transportation project that is

included in a sustainable communities

strategy, has an approved EIR and reduces

vehicle miles traveled.

Heard in Assembly Natural

Resources Committee with no vote

by request of author. Failed

committee deadline, dead

(5/11/18)Support 3/7/2018

SB 1262 (Newman)

Would remove the limit on number of

projects Caltrans can use the SM/GC project

delivery method, as well as eliminate the

minimum construction costs limitation, as

long as department employees are used for

design and engineering services.

Passed off Senate Floor and moved

to Assembly. (5/21/18) Support 3/7/2018

AB 2417 (Rodriguez)

Would increase to 6, the voting members of

the Metro Gold Line Foothill Extension

Construction Authority Board, by adding one

voting member appointed by the City of

Montclair.

Referred to Assembly

Appropriations Committee with no

vote by request of author. Failed

committee deadline, dead

(5/25/18) Oppose unless

amended 3/24/2018

SB 1119 (Newman)

Would expand the eligible expenditures

permitted to transit agencies to meet the 50%

disadvantged communities requirement of the

Low Carbon Transit Operations Program

(LCTOP).

Referred to Assembly

Transportation Committee.

(5/17/18) Support 3/24/2018

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Status Report

Thursday, May 31, 2018

AB 18 Garcia, Eduardo D ( Dist. 56) California Clean Water, Climate, Coastal Protection, and OutdoorAccess For All Act of 2018.

Location: SENATE APPR.2YearDead

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.Conc.

Enrolled Vetoed Chaptered

1st House 2nd House

Under current law, programs have been established pursuant to bond acts for, among other things, the developmentand enhancement of state and local parks and recreational facilities. This bill would enact the California Clean Water,Climate, Coastal Protection, and Outdoor Access For All Act of 2018, which, if approved by the voters, wouldauthorize the issuance of bonds in an amount of $3,470,000,000 pursuant to the State General Obligation BondLaw to finance a clean water, climate, coastal protection, and outdoor access for all program.

AB 76 Chau D ( Dist. 49) Adult-use marijuana: marketing.

Location: SENATE APPR. SUSPENSE FILE2YearDead



1st House 2nd House

Under current law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), approved by the voters atthe November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage,manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of ageand older. This bill would prohibit an operator, as defined, of an Internet Web site, online service, online application,or mobile application from marketing or advertising any marijuana, marijuana product, or marijuana business to aperson who is under 21 years of age if the operator has actual knowledge that a person under 21 years of age isusing its Internet Web site, online service, online application, or mobile application, and if the marketing oradvertising is specifically directed to that person based upon information specific to that person, including, but notlimited to, the person's profile, activity, address, or location.

AB 91 Cervantes D ( Dist. 60) High-occupancy vehicle lanes.

Location: SENATE INACTIVE FILE2YearDead



1st House 2nd House

Would prohibit, commencing July 1, 2018, a high-occupancy vehicle lane from being established in the County ofRiverside, unless that lane is established as a high-occupancy vehicle lane only during the hours of heavy commutertraffic, as determined by the department. The bill would require any existing high-occupancy vehicle lane in theCounty of Riverside that is not a toll lane to be modified to operate as a high-occupancy lane under those sameconditions. Position: Pending

AB 193 Cervantes D ( Dist. 60) Air Quality Improvement Program: Clean Reused Vehicle Rebate Project.

Location: SENATE INACTIVE FILE2YearDead



1st House 2nd House

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http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB18

https://a56.asmdc.org/







Would require the State Air Resources Board to establish the Clean Reused Vehicle Rebate Project, as a part of the

Air Quality Improvement Program, to provide rebates for the acquisition of an eligible used vehicle, as defined; thereplacement or refurbishment of an electric vehicle battery and related components for an eligible used vehicle or avehicle service contract, as defined, for the battery or related components; or a vehicle service contract to coverunexpected vehicle repairs not covered by the manufacturer’s warranty related to unique problems in eligible usedvehicles, as specified.

AB 271 Caballero D ( Dist. 30) Property Assessed Clean Energy program.

Location: SENATE INACTIVE FILE 2Year

DeadDesk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc.Enrolled Vetoed Chaptered

1st House 2nd House

Would authorize the county tax collector to direct the county auditor to remove a delinquent installment based on a

PACE assessment from the county’s tax rolls, if it arises from a contract entered into on or after January 1, 2018.The bill would require the county tax collector, immediately upon that removal and for each parcel for which thedelinquent installment was removed, to provide notice on the tax rolls of the removal. This bill contains other relatedprovisions and other existing laws.

AB 382 Chávez R ( Dist. 76) County of Orange: joint exercise of powers agreements: toll roads.

Location: SENATE T. & H. 2Year



1st House 2nd House

Current law authorizes the County of Orange and the cities in that county, by ordinance, to require the payment of

fees as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defrayingthe actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons, orconstructing major thoroughfares. This bill would prohibit those entities, on and after January 1, 2018, from forminga new joint powers agency to construct bridge facilities or major thoroughfares under that specific authorization orthe general authorization. The bill would prohibit a joint powers agency formed under that specific authorization fromincurring new bonded indebtedness, except for specified purposes.

AB 420 Wood D ( Dist. 2) Personal income tax: deduction: commercial cannabis activity.

Location: SENATE APPR. SUSPENSE FILE 2Year



1st House 2nd House

Would, for each taxable year beginning on and after January 1, 2018, would specifically provide in the Personal

Income Tax Law for nonconformity to that federal law disallowing a deduction or credit for business expenses of atrade or business whose activities consist of trafficking specified controlledsubstances, only for commercial cannabisactivity, as defined, authorized under MAUCRSA, thus allowing deduction of business expenses for a cannabis ormarijuana trade or business under the Personal Income Tax Law, as provided.

AB 636 Irwin D ( Dist. 44) Local streets and roads: expenditure reports.

Location: SENATE GOV. & F. 2Year



1st House 2nd House

Current law, with limited exceptions, requires each city and county to submit to the Controller a complete report of

expenditures for street and road purposes by October 1 of each year relative to the preceding fiscal year ending onJune 30. This bill would instead require the report to be submitted to the Controller within 7 months after the closeof the fiscal year adopted by a county, city, or city and county. The bill would make other conforming changes.

AB 686 Santiago D ( Dist. 53) Housing discrimination: affirmatively further fair housing.

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1st House 2nd House

Would require a public agency to administer its programs and activities relating to housing and community

development in a manner to affirmatively further fair housing, and to not take any action that is inconsistent with thisobligation. The bill would make it unlawful under the California Fair Employment and Housing Act for a publicagency to fail to meet its obligation to affirmatively further fair housing, and would provide that failure wouldconstitute housing discrimination under the act.

AB 697 Fong R ( Dist. 34) Tolls: exemption for privately owned emergency ambulances.




1st House 2nd House

Current law provides for the exemption of authorized emergency vehicles, as defined, from the payment of a toll or

charge on a vehicular crossing, toll highway, or high-occupancy toll (HOT) lane and any related fines, when theauthorized emergency vehicle is being driven under specified conditions, including, among others, the vehicle isdisplaying public agency identification and driven while responding to or returning from an urgent or emergency call.Current law prohibits a person from operating a privately owned emergency ambulance unless licensed by theDepartment of the California Highway Patrol. This bill would generally modify the exemption to apply to the use of atoll facility, as defined, and would expand the exemption, dispute resolution procedures, and agreement provisionsto include a privately owned emergency ambulance licensed by the Department of the California Highway Patrol.

Position: Pending AB 1205 Jones-Sawyer D ( Dist. 59) Los Angeles County Metropolitan Transportation Authority: contracting.

Location: SENATE THIRD READING 2Year



1st House 2nd House

Current law authorizes the Los Angeles County Metropolitan Transportation Authority (LACMTA) to award

contracts under certain circumstances to small business enterprises with respect to work that is set aside forcompetition among certified small business enterprises, as long as price quotations are obtained by LACMTA from3 or more small business enterprises, and requires LACMTA to report to the Legislature by December 31, 2017,regarding any contracts awarded in this regard. This bill would instead authorize LACMTA to award contracts inthis manner as long as it solicits rather than obtains price quotations from 3 or more small business enterprises. Thebill would delete the requirement that LACMTA report to the Legislature regarding contracts awarded to smallbusiness enterprises in this regard.

AB 1250 Jones-Sawyer D ( Dist. 59) Counties: contracts for personal services.

Location: SENATE RLS. 2Year



1st House 2nd House

Would establish specific standards for the use of personal services contracts by counties. The bill would allow a

county or county agency to contract for personal services currently or customarily performed by employees, asapplicable, when specified conditions are met. The bill would exempt certain types of contracts from its provisions,and would exempt a city and county from its provisions. By placing new duties on local government agencies, thebill would impose a state-mandated local program. The bill also would provide that its provisions are severable.

AB 1395 Chu D ( Dist. 25) State highways: Department of Transportation: litter cleanup and abatement:report.

Location: SENATE T. & H.

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2YearDead



1st House 2nd House

Would require the Department of Transportation, within its maintenance programs relating to litter cleanup and

abatement, to assign the highest priority to litter deposited along state highway segments that carry the highest trafficvolumes and the segments found by the department to have the highest incidences of litter and to reallocate existinglitter cleanup resources as necessary in order to implement this priority. The bill would also require the department,on or before January 1, 2020, to conduct an assessment of the problem of litter on state highways and to make aspecified report to the Legislature on its findings.

AB 1436 Levine D ( Dist. 10) Board of Behavioral Sciences: licensees: suicide prevention training.

Location: SENATE B., P. & E.D. 2Year



1st House 2nd House

Would, on or after January 1, 2021, require an applicant for licensure as a marriage and family therapist, an

educational psychologist, a clinical social worker, or a professional clinical counselor to complete a minimum of 6hours of coursework or applied experience under supervision in suicide risk assessment and intervention. The billwould require, on or after January 1, 2021, as a one-time requirement, a licensed marriage and family therapist,educational psychologist, clinical social worker, or professional clinical counselor to have completed this suicide riskassessment and intervention training requirement prior to the time of his or her first renewal.

AB 1561 Quirk-Silva D ( Dist. 65) Economic development: infrastructure: logistic hubs.

Location: SENATE APPR. 2Year



1st House 2nd House

Current law requires the Director of the Governor’s Office of Business and Economic Development to provide to

the Legislature, not later than February 1, 2019, a strategy for international trade and investment that includes, atminimum, specified components. Current law requires that this strategy include a framework that enables the officeto evaluate on an ongoing basis, as appropriate, current workforce, infrastructure, research and development, andother needs of small and large firms, including, among other things, airports. This bill would extend to July 1, 2019,the date by which the director would be required to provide that strategy to the Legislature, and would insteadrequire that the strategy identify the process the Governor’s Office of Business and Economic Development will useto complete that evaluation.

AB 1683 Burke D ( Dist. 62) Transformative Climate Communities Program: report.




1st House 2nd House

Current law establishes the Transformative Climate Communities Program, administered by the Strategic Growth

Council, to award competitive grants to specified eligible entities for the development and implementation ofneighborhood-level transformative climate community plans that include greenhouse gas emissions reductionprojects that provide local economic, environmental, and health benefits to disadvantaged communities, as defined.This bill would require the council, no later than January 1, 2019, to submit a specified report on the program to theGovernor and specified committees of the Legislature.

AB 1756 Brough R ( Dist. 73) Transportation funding.

Location: ASSEMBLY TRANS. 2Year



1st House 2nd House

Would repeal the Road Repair and Accountability Act of 2017. This bill contains other related provisions.

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http://ad73.asmrc.org/

AB 1768 Steinorth R ( Dist. 40) The County of San Bernardino: housing authority: middle-income housingprojects.




1st House 2nd House

Current law, until January 1, 2022, authorizes a housing authority located in the City of San Diego or the County of

Santa Clara to implement a pilot program to develop and finance a middle-income housing project, as defined, if theproject receives gap financing, as defined. Existing law requires any gap financing to be approved by the housingauthority’s legislative body, as provided, and requires the housing authority to provide a report to the Legislature, asspecified. This bill would authorize a housing authority in the County of San Bernardino, until January 1, 2022, alsoto develop and finance a middle-income housing project if it receives gap financing.

AB 1804 Berman D ( Dist. 24) California Environmental Quality Act: categorical exemption: infilldevelopment.




1st House 2nd House

CEQA requires the Office of Planning and Research to prepare and develop, and the Secretary of the Natural

Resources Agency to certify and adopt, guidelines for the implementation of CEQA. CEQA requires the guidelinesto include a list of classes of projects that have been determined not to have a significant effect on the environmentand that are required to be exempt from CEQA (categorical exemption). Current guidelines for the implementationof CEQA exempts from the requirements of CEQA infill development meeting certain requirements, including therequirement that the proposed development occurs within city limits. This bill would revise the above-describedcategorical exemption to include proposed residential and mixed-use housing projects occurring within anunincorporated area of a county.

AB 1866 Fong R ( Dist. 34) Transportation funding.




1st House 2nd House

Would create the Traffic Relief and Road Improvement Program to address traffic congestion and deferred

maintenance on the state highway system and the local street and road system. The bill would provide for thedeposit of various existing sources of revenue in the Traffic Relief and Road Improvement Account, which the billwould create in the State Transportation Fund, including revenues attributable to the sales and use tax on motorvehicles, revenues attributable to automobile and motor vehicle insurance policies from the insurer gross premiumstax, revenues from certain diesel fuel sales and use taxes, revenues from certain vehicle registration fees, and certainmiscellaneous State Highway Account revenues.

AB 1901 Obernolte R ( Dist. 33) California Environmental Quality Act: exemption: roadway projects.

Location: SENATE E.Q. 2Year



1st House 2nd House

CEQA, until January 1, 2020, exempts a project or an activity to repair, maintain, or make minor alterations to an

existing roadway, as defined, if the project or activity is carried out by a city or county with a population of less than100,000 persons to improve public safety and meets other specified requirements, including a requirement that theproject involves negligible or no expansion of an existing use beyond that existing at the time of the lead agency’sdetermination. This bill would extend the above exemption to January 1, 2023. The bill would revise the requirementdescribed above to specify that the exemption applies if, among other things, the project involves negligible or noexpansion of an existing vehicular use beyond that existing at the time of the lead agency’s determination.

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Position: Support AB 1912 Rodriguez D ( Dist. 52) Public employees’ retirement: joint powers agreements: liability.

Location: SENATE DESK 2Year



1st House 2nd House

The Joint Exercise of Powers Act generally authorizes 2 or more public agencies, by agreement, to jointly exercise

any common power. Under the act, if an agency is not one or more of the parties to the agreement but is a publicentity, commission, or board constituted pursuant to the agreement, the debts, liabilities, and obligations of theagency are the debts, liabilities, and obligations of the parties to the agreement, unless the agreement specifiesotherwise. The act also authorizes a party to a joint powers agreement to separately contract for, or assumeresponsibilities for, specific debts, liabilities, or obligations of the agency. This bill would eliminate that authorization,and would specify that if an agency established by a joint powers agreement participates in, or contracts with, apublic retirement system, member agencies, both current and former to the agreement, would be required tomutually agree as to the apportionment of the agency’s retirement obligations among themselves, provided that theagreement equals the total retirement liability of the agency.

AB 1937 Santiago D ( Dist. 53) Public employment: payroll deductions.




1st House 2nd House

Current law prescribes various duties of the Controller in connection with deductions requested by employee

organizations and other bona fide organizations regarding requests for deductions from the salaries and wages oftheir members. Current law prescribes the duties of the governing boards of school districts in regard to requests bycertificated employees for deductions from the salaries and wages, and prescribes similar duties for the governingboards of community college districts. Curent law authorizes a trial court employee or interpreter to permit a duesdeduction from his or her salary in the same manner provided to public agency employees pursuant to specified lawapplicable to the state and the Controller, as described above. This bill would revise and recast these provisions.

AB 2034 Kalra D ( Dist. 27) Human trafficking: notice.




1st House 2nd House

Would require specified businesses or other establishments that operate an intercity passenger rail, light rail, or bus

station, on or before January 1, 2021, to train new and existing employees who may interact with, or come intocontact with, a victim of human trafficking or who are likely to receive, in the course of their employment, a reportfrom another employee about suspected human trafficking, in recognizing the signs of human trafficking and how toreport those signs to the appropriate law enforcement agency, as specified.

AB 2061 Frazier D ( Dist. 11) Near-zero-emission and zero-emission vehicles.




1st House 2nd House

Would authorize a near-zero-emission vehicle or a zero-emission vehicle, as defined, to exceed axle, tandem, gross,

or bridge formula weight limits, up to a 2,000 pound maximum, by an amount equal to the difference between theweight of the vehicle attributable to the fueling and propulsion system carried by that vehicle and the weight of acomparable diesel fueling and propulsion system. The weight limit exceptions authorized by the bill would apply onlyto the extent expressly authorized by federal law.

AB 2127 Ting D ( Dist. 19) Electric vehicle charging infrastructure: assessment.

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1st House 2nd House

Would require the Energy Commission, working with the State Air Resources Board and the PUC, to prepare and

biennially update a statewide assessment of the electric vehicle charging infrastructure needed to support the levelsof electric vehicle adoption required for the state to meet its goals of putting at least 5 million zero-emission vehicleson California roads by 2030 and of reducing emissions of greenhouse gases to 40% below 1990 levels by 2030.The bill would require the Energy Commission to regularly seek data and input from stakeholders relating to electricvehicle charging infrastructure.

AB 2145 Reyes D ( Dist. 47) Vehicular air pollution.




1st House 2nd House

Would add as eligible projects for the California Clean Truck, Bus, and Off-Road Vehicle and Equipment

Technology Program those projects that support grid integration and integrated storage solutions and chargingmanagement demonstration and analytics. The bill would additionally require the energy commission, as part of theguidance developed for the program, to advise the State Air Resources Board on to how to allocate moneys forvehicle charging infrastructure consistent with the energy commission’s investment plan strategies on charginginfrastructure that is part of the California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, andCarbon Reduction Act of 2007. The bill instead would require the guidance to promote projects that assist the statein reaching its climate goals beyond 2030.

AB 2225 Limón D ( Dist. 37) State government: storing and recording electronic media.

Location: SENATE G.O. 2Year



1st House 2nd House

Would require the Secretary of State, in consultation with the Department of Technology, to approve and adopt

appropriate uniform statewide standards for the purpose of storing and recording permanent and nonpermanentdocuments in electronic media, and would require “cloud computing” to be defined by the Department ofTechnology based on industry-recognized standards, consistent with the intent of the state law.

AB 2249 Cooley D ( Dist. 8) Public contracts: local agencies: alternative procedure.




1st House 2nd House

Would authorize public projects of $60,000 or less to be performed by the employees of a public agency, authorize

public projects of $200,000 or less to be let to contract by informal procedures, and require public projects ofmore than $200,000 to be let to contract by formal bidding procedures.

AB 2272 Mayes R ( Dist. 42) State highways: relinquishment.




1st House 2nd House

Would authorize the California Transportation Commission to relinquish to the City of Palm Springs any portion, or

the entirety, of Route 111 within its city limits, upon terms and conditions the commission finds to be in the bestinterests of the state, if the department and the city enter into an agreement providing for that relinquishment.

AB 2304 Holden D ( Dist. 41) Reduced fare transit pass programs: report.

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1st House 2nd House

Would request the University of California Institute of Transportation Studies to prepare and submit a report to the

Governor and specified committees of the Legislature on or before January 1, 2020, that details the reduced faretransit pass programs in California that are administered by a public transit operator, California college or university,or any other entity, as specified.

This bill contains other existing laws.

AB 2317 Eggman D ( Dist. 13) Whistleblower protection: county patients’ rights advocates.

Location: ASSEMBLY THIRD READING 2Year



1st House 2nd House

Current law prohibits an employer, as defined, or any person acting on behalf of the employer, as defined, from,

among other things, preventing an employee from, or retaliating against an employee for, providing information to, ortestifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonablecause to believe that the information discloses a violation of a law, regardless of whether disclosing the information ispart of the employee’s job duties. This bill would extend the protections afforded to employees under theseprovisions to county patients’ rights advocates appointed or under contract to provide services relating to mentalhealth advocacy.

AB 2353 Frazier D ( Dist. 11) Construction defects: actions.




1st House 2nd House

Current law specifies the requirements for actions for construction defects and includes a nonadversarial procedure

for the parties to resolve the dispute. Current law requires, as part of this nonadversarial procedure, a builder whoelects to inspect a claim of unmet building standards to meet certain requirements for the inspection.This bill wouldrequire that an inspection for purposes of the above-described provisions be conducted by a person who is licensedas a contractor with a license that applies to the field and scope in which the person is conducting the inspection andissuing his or her inspection findings or report.

AB 2535 Obernolte R ( Dist. 33) High-occupancy toll lanes: notice of toll evasion violation.




1st House 2nd House

Current law requires the notice of toll evasion violation to include the vehicle license plate number, a clear and

concise explanation of the procedures for contesting the violation and appealing an adverse decision, and, ifpracticable, the registration expiration date and the make of the vehicle. This bill would also require the notice of tollevasion violation to include a copy of photographic evidence on which the toll evasion determination was based ifthe vehicle was found, by automated devices, to have evaded the toll through failure to meet occupancyrequirements in a high-occupancy toll lane.

AB 2548 Friedman D ( Dist. 43) Commute benefit policies: Los Angeles County Metropolitan TransportationAuthority.

Location: SENATE T. & H.

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Current law declares that the fostering, continuance, and development of public transportation systems are a matter

of statewide concern. Current law creates the Los Angeles County Metropolitan Transportation Authority, withvarious powers and duties with respect to transportation planning, programming, construction, and operations.Thisbill would authorize the authority to adopt a commute benefit ordinance that requires covered employers operatingwithin the authority’s area with a specified number of employees to offer certain employees commute benefits, asspecified, except that the bill would prohibit the ordinance from affecting employers covered by certain South CoastAir Quality Management District rules or regulations.

AB 2615 Carrillo D ( Dist. 51) State highway system: parks and recreation: accessibility for bicycles andpedestrians.




1st House 2nd House

Would, to the extent possible, and where feasible, require the Department of Transportation to partner with

appropriate public agencies, including, but not limited to, the Department of Parks and Recreation, any federaldepartment or agency, and any regional or local public entity, to develop strategies and plans to maximize safe andconvenient access for bicycles and pedestrians to federal, state, regional, and local parks adjacent to or connectedto the state highway system.

AB 2734 Frazier D ( Dist. 11) California Transportation Commission.




1st House 2nd House

Would exclude the California Transportation Commission from the Transportation Agency, establish it as an entity in

state government, and require it to act in an independent oversight role. The bill would also make conformingchanges.

AB 2865 Chiu D ( Dist. 17) High-occupancy toll lanes: Santa Clara Valley Transportation Authority.




1st House 2nd House

Would authorize VTA to conduct, administer, and operate a value pricing high-occupancy toll lane program on State

Highway Route 101 and a specified portion of State Highway Route 280 in the City and County of San Franciscoin coordination with the San Francisco County Transportation Authority, as prescribed.

AB 2886 Daly D ( Dist. 69) Public Employee Relations Board: Orange County Transportation Authority: SanJoaquin Regional Transit District.

Location: SENATE P.E. & R. 2Year



1st House 2nd House

Would, on and after January 1, 2020, require employers and employees of the Orange County Transportation

Authority and the San Joaquin Regional Transit District to adjudicate complaints of specified labor violations beforePERB as an unfair practice and would authorize specified parties aggrieved by PERB’s decision or order to petitionfor relief from that decision or order, as provided. By requiring the transit agencies to adjudicate claims beforePERB, this bill would impose a state-mandated local program. This bill would make legislative findings anddeclarations as to the necessity of a special statute for the Orange County Transportation Authority and the SanJoaquin Regional Transit District.

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AB 3034 Low D ( Dist. 28) Public transit employer-employee relations: San Francisco Bay Area Rapid TransitDistrict.

Location: SENATE P.E. & R. 2Year



1st House 2nd House

Would give employees within the supervisory units of the San Francisco Bay Area Rapid Transit District the right to

form, join, and participate in the activities of employee organizations of their own choosing for the purposes ofrepresentation on all employer-employee relations matters and would permit these employees to meet, confer, andenter into memoranda of understanding for these purposes pursuant to the Meyers-Milias-Brown Act. The billwould provide that the act governs these employer-employee relations and that they are subject to the exclusivejurisdiction of, and are to be administered by, the Public Employment Relations Board.

AB 3124 Bloom D ( Dist. 50) Vehicles: length limitations: buses: bicycle transportation devices.

Location: ASSEMBLY ENROLLED 2Year



1st House 2nd House

Current law imposes a 40-foot limitation on the length of vehicles that may be operated on the highways, with

specified exemptions. Current law exempts from this limitation an articulated bus or articulated trolley coach thatdoes not exceed a length of 60 feet, and authorizes the bus or trolley to be equipped with a folding device attachedto the front of the bus or trolley if the device is designed and used exclusively for transporting bicycles. Current lawprohibits the above-described device from extending more than 36 inches from the front body of the bus when fullydeployed, and prohibits a bicycle that is transported on that device from having the bicycle handlebars extend morethan 42 inches from the front of the bus. This bill would additionally authorize an articulated bus or articulated trolleycoach that does not exceed a length of 60 feet to be equipped with a folding device attached to the front of the busor trolley if the device is designed and used exclusively for transporting bicycles as long as the device does notextend more than 40 inches from the front body of the bus when fully deployed.

AB 3232 Friedman D ( Dist. 43) Zero-emissions buildings and sources of heat energy.

Location: ASSEMBLY THIRD READING 2Year



1st House 2nd House

Would require the State Energy Resources Conservation and Development Commission, by January 1, 2021, to

assess the potential for the state to reduce the emissions of greenhouse gases from the state’s residential andcommercial building stock by at least 40% below 1990 levels by January 1, 2030. The bill would require thecommission to include in the 2021 edition of the integrated energy policy report and all subsequent integrated energypolicy reports a report on the emissions of greenhouse gases associated with the supply of energy to residential andcommercial buildings.

ACA 4 Aguiar-Curry D ( Dist. 4) Local government financing: affordable housing and public infrastructure:voter approval.

Location: ASSEMBLY L. GOV. 2Year



1st House 2nd House

Local government financing: affordable housing and public infrastructure: voter approval. ACA 15 Brough R ( Dist. 73) Public employee retirement benefits.

Location: ASSEMBLY PRINT 2Year



1st House 2nd House

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http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180ACA4




Would enact the Protecting Schools and Keeping Pension Promises Act of 2018. The measure would prohibit agovernment employer from enhancing employee pension benefits, as defined, without approval by the voters of thejurisdiction, and would prohibit a government employer from enrolling a new government employee, as defined, in adefined benefit pension plan without approval by the voters of the jurisdiction. The measure also would prohibit agovernment employer from paying more than 1/2 of the total cost of retirement benefits, as defined, for newgovernment employees without approval by the voters of the jurisdiction.

ACA 21 Mayes R ( Dist. 42) State infrastructure: funding: California Infrastructure Investment Fund.

Location: ASSEMBLY BUDGET 2Year



1st House 2nd House

Would amend the California Constitution to create the California Infrastructure Investment Fund in the State

Treasury. The measure would require the Controller, beginning in the 2019–20 fiscal year, to transfer from theGeneral Fund to the California Infrastructure Investment Fund in each fiscal year an amount equal to up to 2.5% ofthe estimated General Fund revenues for that fiscal year, as provided. The measure would require, for the 2019–20fiscal year and each fiscal year thereafter, the amounts in the fund to be allocated, upon appropriation by theLegislature, for specified infrastructure investments, including the funding of deferred maintenance projects.

SB 38 Roth D ( Dist. 31) Courts: judgeships.

Location: ASSEMBLY JUD. 2Year



1st House 2nd House

Current law specifies the number of judges for the superior court of each county and for each division of each

district of the court of appeal. Current law provides that the Court of Appeal for the 4th Appellate District consistsof 3 divisions. Current law requires that one of these divisions hold its regular sessions in the SanBernardino/Riverside area and further requires this division to have 7 judges.This bill would increase the number ofjudges in the division of the Court of Appeal for the 4th Appellate District located in the San Bernardino/Riversidearea to 8 judges.

SB 224 Jackson D ( Dist. 19) Personal rights: sexual harassment.

Location: ASSEMBLY DESK 2Year



1st House 2nd House

Would include an investor, elected official, lobbyist, director, and producer among those listed persons who may be

liable to a plaintiff for sexual harassment. SB 502 Portantino D ( Dist. 25) Public rail systems: availability of automated external defibrillators.




1st House 2nd House

Would require a public entity that operates a rail transit system or a commuter train system to ensure that each train

has an automated external defibrillator (AED) as part of its safety equipment subject to specified requirements. Thebill would exempt a public entity that acquires an AED for emergency care from liability for any civil damagesresulting from any acts or omissions in the rendering of the emergency care by use of the AED if the public entity hascomplied with certain requirements.(2)By imposing new duties on local public officials, the bill would create a state-mandated local program.

SB 760 Wiener D ( Dist. 11) Bikeways: design guides.

Location: ASSEMBLY TRANS.

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1st House 2nd House

Would authorize a city, county, regional, or other local agency, when using the alternative minimum safety design

criteria, to consider additional design guides, including the Urban Street Design Guide of the National Association ofCity Transportation Officials. The bill would authorize a state entity that is responsible for the planning andconstruction of roadways to consider additional design guides, including the Urban Street Design Guide of theNational Association of City Transportation Officials.

SB 957 Lara D ( Dist. 33) Vehicles: high-occupancy vehicle lanes.




1st House 2nd House

Currnet law makes identifiers for ULEVs valid until January 1, 2019, and makes identifiers for SULEVs, enhanced

AT PEZEVs, and TZEVs valid until January 1, 2019, January 1, 2022, or January 1 of the 4th year after the year inwhich they were issued, as specified. Current law, except as specified, prohibits a vehicle from being issued anidentifier more than once. This bill would authorize an identifier to be issued commencing January 1, 2019, untilJanuary 1, 2023, to SULEVs, enhanced AT PEZEVs, and TZEVs for a vehicle that had previously been issued anidentifier and would make that identifier valid until January 1, 2023, if the applicant for the identifier has a householdincome at or below 80% of the state median income.

SB 963 Allen D ( Dist. 26) Water replenishment districts.

Location: ASSEMBLY L. GOV. 2Year



1st House 2nd House

Current law authorizes a water replenishment district to establish an annual reserve fund not to exceed

$10,000,000, as adjusted annually to reflect percentage increases or decreases in the blended cost of water fromdistrict supply sources and, beginning in the 2019–20 fiscal year, requires a minimum of 80% of the reserve to beused for water purchases. Current law excepts from this limitation the unexpended balance of any appropriatedfunds in a capital improvement project construction account established to pay the cost of a project or projectsunder construction. This bill would repeal this reserve fund authorization and would make conforming changes.

SB 993 Hertzberg D ( Dist. 18) Sales and use taxes: service tax: qualified business.




1st House 2nd House

Would reduce the rate of tax imposed by the Sales and Use Tax Law incrementally every calendar year beginning

on January 1, 2020, until January 1, 2022, at which time the rate would be reduced by a total of 2%. This bill wouldrequire the Director of Finance to estimate the amount of net revenue that will be derived for specified calendaryears as a result of the changes made by this bill and would require the rate of tax imposed by the Sales and UseTax Law to be reduced or increased by a specified percentage amount for specified calendar years depending onthe amount of the estimated revenue gains or losses.

SB 1000 Lara D ( Dist. 33) Transportation electrification: electric vehicle charging infrastructure.




1st House 2nd House

Would prohibit a city, county, or city and county from restricting which types of electric vehicles may access an

electric vehicle charging station that both is publicly accessible and the construction of which was funded, at least inpart, by the state or through moneys collected from ratepayers. This bill would require the Energy Commission, in

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consultation with the State Air Resources Board (state board), as part of the development of the investment plan, toassess whether charging station infrastructure is disproportionately deployed, as specified, and, upon findingdisproportionate deployment, to use moneys from the Alternative and Renewable Fuel and Vehicle TechnologyFund, as well as other mechanisms, including incentives, to more proportionately deploy new charging stationinfrastructure.

SB 1037 Cannella R ( Dist. 12) State government finance: Road Maintenance and Rehabilitation Program.




1st House 2nd House

Prior to receiving an apportionment of funds under the Road Maintenance and Rehabilitation Program from the

Controller in a fiscal year, current law requires a city or county to submit to the California TransportationCommission a list of projects proposed to be funded with these funds. Current law requires the commission toreport to the Controller the cities and counties that have submitted a list of projects and requires the Controller,upon receipt of an initial or subsequent report, to apportion funds to cities and counties included in the report, asspecified. This bill would make nonsubstantive changes to the provisions requiring the commission to submit thespecified reports to the Controller.

SB 1072 Leyva D ( Dist. 20) Regional Climate Collaborative Program: technical assistance.




1st House 2nd House

Would establish a regional climate collaborative program, to be administered by the Strategic Growth Council, to

assist under-resourced communities, as defined, in a region to access statewide public and other grant moneys, asspecified,for climate mitigation and adaptation projects by establishing collaboratives, as specified. The bill wouldauthorize the council to award specified grants to collaboratives for specified activities.

SB 1077 Wilk R ( Dist. 21) Construction contracts: wrap-up insurance and indemnification.




1st House 2nd House

Current law regulates the use of wrap-up insurance or other consolidated insurance programs in connection with

specified construction projects. Current law distinguishes, in this regard, between residential construction projects,private residential works of improvement, as specified, and public works and other projects that are not residential,as specified. This bill would recast the wrap-up insurance or other consolidated insurance program requirements forpublic and other works of improvement that are not residential construction, entered into or amended on and afterJanuary 1, 2019, to track generally the requirements that apply to residential projects.

SB 1117 Beall D ( Dist. 15) Department of Transportation: highway engineers.




1st House 2nd House

Current law provides that the Department of Transportation has full possession and control of the state highway

system. Current law specifies certain powers and duties of the department relative to the recruitment and retentionof highway engineers, including participation by the department in student loan repayment, offering of salaries abovethe lowest salary step, and various other provisions.This bill would make a nonsubstantive change to theseprovisions.

SB 1119 Newman D ( Dist. 29) Low Carbon Transit Operations Program.

Location: ASSEMBLY TRANS.

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Current law requires, for recipient transit agencies whose service areas include disadvantaged communities, as

specified, that those recipient transit agencies expend at least 50% of the total moneys they received as part of theLow Carbon Transit Operations Program on projects or services that meet specified requirements and benefit thosedisadvantaged communities. This bill would authorize a recipient transit agency to satisfy the above-statedrequirement by expending at least 50% of program funds received on transit fare subsidies, specified transitconnections, or technology improvements that reduce emissions of greenhouse gases.

Position: Support SB 1153 Stern D ( Dist. 27) Local initiatives: review.

Location: ASSEMBLY E. & R. 2Year



1st House 2nd House

Would authorize the proponent of a county, municipal, or district initiative to withdraw the initiative at any time

before the 88th day before the election, whether or not the petition has already been found sufficient by the electionsofficial. Because the exercise of this authority would impose associated duties on local elections officials, this billwould impose a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 1262 Newman D ( Dist. 29) Construction Manager/General Contractor project delivery method:Department of Transportation.




1st House 2nd House

Would remove the cap on the number of projects for which the Department of Transportation is authorized to use

the CM/GC method, eliminate the minimum construction costs limitation, and make conforming changes to existingprovisions. The bill would impose the requirement to use department employees or consultants to perform projectdesign and engineering services on at least2/3 of the projects delivered by the department utilizing the CM/GCmethod.

Position: Support SB 1328 Beall D ( Dist. 15) Mileage-based road usage fee.




1st House 2nd House

Current law requires the Chair of the California Transportation Commission to create a Road Usage Charge (RUC)

Technical Advisory Committee in consultation with the Secretary of the Transportation Agency. Under current law,the purpose of the technical advisory committee is to guide the development and evaluation of a pilot program toassess the potential for mileage-based revenue collection as an alternative to the gas tax system. Current lawrequires the technical advisory committee to study RUC alternatives to the gas tax and to make recommendations tothe Secretary of the Transportation Agency on the design of a pilot program, as specified. Current law repeals theseprovisions on January 1, 2019. This bill would extend the operation of these provisions until January 1, 2023.

SB 1376 Hill D ( Dist. 13) Transportation network companies: accessibility for persons with disabilities.

Location: SENATE CONSENT CALENDAR 2Year



1st House 2nd House

Would express the intent of the Legislature that every transportation network company ensure that it provides full

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SB 1403 Lara D ( Dist. 33) California Clean Truck, Bus, and Off-Road Vehicle and Equipment TechnologyProgram.




1st House 2nd House

Current law requires the State Air Resources Board, when funding a specified class of projects, to allocate, until

January 1, 2020, no less than 20% of that available funding to support the early commercial deployment of existingzero- and near-zero-emission heavy-duty truck technology. This bill instead would require the state board, whenfunding a specified class of projects, to allocate, until December 31, 2030, no less than 20% of that availablefunding to support the early commercial deployment of existing zero- and near-zero-emission heavy-duty trucktechnology.

SB 1427 Hill D ( Dist. 13) Discrimination: veteran or military status.




1st House 2nd House

Current law defines specified terms, including the term “source of income,” in connection with provisions that

prohibit discrimination in housing accommodations. This bill would specify that a federal Department of Housing andUrban Development Veterans Affairs Supportive Housing voucher is a source of income.

SB 1434 Leyva D ( Dist. 20) Transportation electrification: electricity rate design.




1st House 2nd House

Would require the PUC to direct electrical corporations with more than 100,000 service connections in California to

file rate design applications, specific to transit agencies as commercial customers, that support and accelerate thedeployment of zero-emission transit buses to reduce dependence on petroleum, meet air quality standards, andreduce emissions of greenhouse gases to 40% below 1990 levels by 2030 and to 80% below 1990 levels by 2050.The bill would authorize an electrical corporation with 100,000 or fewer service connections in California to file ratedesign applications for those purposes.

SCA 2 Newman D ( Dist. 29) Motor vehicle fees and taxes: restriction on expenditures: appropriationslimit.




1st House 2nd House

Would add Article XIXD to the California Constitution to require revenues derived from vehicle fees imposed under

a specified chapter of the Vehicle License Fee Law to be used solely for transportation purposes. The measurewould prohibit these revenues from being used for the payment of principal and interest on state transportationgeneral obligation bonds that were authorized by the voters on or before November 8, 2016.

SCA 6 Wiener D ( Dist. 11) Local transportation measures: special taxes: voter approval.




1st House 2nd House

Would require that the imposition, extension, or increase by a local government of a special tax as may otherwise be

authorized by law, whether a sales or transactions and use tax, parcel tax, or other tax for the purpose of providingfunding for transportation purposes be submitted to the electorate by ordinance and approved by 55% of the votersvoting on the proposition. The measure would authorize an ordinance submitted to the voters for approval under

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http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SCA2




these provisions to provide, as otherwise authorized by law, for the issuance of bonds payable from the revenuesfrom the special tax.

SCA 20 Glazer D ( Dist. 7) Local sales taxes: online sales.




1st House 2nd House

Would provide that, on and after January 1, 2020, for the purpose of distributing the revenues derived under a sales

tax imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law, the retail sale of tangiblepersonal property by a qualified retailer, as defined, that is transacted online is instead consummated at the point ofthe delivery of that tangible personal property to the purchaser’s address or to any other delivery addressdesignated by the purchaser.

Position: Watch

Total Measures: 68

Total Tracking Forms: 68

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Minute Action

AGENDA ITEM: 12

Date: June 13, 2018

Subject:

Addition of Report Due Dates to Measure I Local Street Policies 40003, 40012, and 40016

Recommendation:


Transportation Authority, approve amendment to the Measure I 2010-2040 Strategic Plan

Policies 40003, 40012, and 40016 to include the due date for the annual update of a member

jurisdiction’s Five Year Plan related to the Local Streets Program requirements of Ordinance

No. 04-01.

Background:

The Measure I 2010-2040 Ordinance No. 04-01 states:

“Expenditure of Local Street Project funds shall be based upon a Five Year Plan adopted

annually by the governing body of each jurisdiction after being made available for public review

and comment. Local Street Project funds shall be disbursed to local jurisdictions upon receipt of

the annually adopted Five Year Plan.”

In addition, Strategic Plan Policies 40003-VLS-2, 40012-VVLS-2, and 40016-MDLS-2 each

include a requirement that “Local jurisdictions shall not receive their Local Street Program

allocation until they have submitted their annual update of their Five Year Plan.” However, the

submission deadline was not included.

This agenda item requests that the Board approve the addition of a Five Year Plan submission

due date of September 1st to each of the three policies. The due date of September 1

st was chosen

as the first pass-through payment of the fiscal year typically occurs mid-September. If the Five

Year Plan has not been received by the due date, the pass-through payments will be withheld.

All withheld pass-through payments will be released upon receipt of the governing body’s

adopted Five Year Plan.

Attached are copies of the proposed changes to the three Local Street Program policies adding

the due date for the submission of jurisdiction Five Year Plans. In Policy 40003, the reference is

added to VLS-2; in Policy 40012, the reference is added to VVLS-2; and in Policy 40016, the

reference is added to MDLS-2.

Financial Impact:

This item is consistent with the Fiscal Year 2018/2019 budget.

Reviewed By:

This item is not scheduled for review by any other policy committee. The item has been

reviewed by the Transportation Technical Advisory Committee on June 4, 2018. This item and

the draft Policies have been reviewed by General Counsel.

Responsible Staff:

Ellen Pollema, Management Analyst II

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June 13, 2018

Page 2


Approved


Date: June 13, 2018

Witnessed By:

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Policy 40003 Valley Local Street Program

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Adopted by the Board of Directors April 1, 2009 Revised 9/6/17

Valley Local Street (VLS) Program Measure I 2010-2040 Strategic Plan

Revision No.

34


Table of Contents | Purpose | References | Definitions | Policies for Valley Local Street Program | Revision History |

I. PURPOSE The purpose of this policy is to establish requirements relating to adoption of Five Year Plans by local jurisdictions outlining the projects that will be funded under the Measure I 2010-2040 Valley Subarea Local Street Program. Twenty percent of the total Measure I 2010-2040 revenue collected in the San Bernardino Valley Subarea shall be assigned to the Local Street Program. This program will be used by local jurisdictions to fund Local Street Projects.

II. REFERENCES Ordinance No. 04-01 of the San Bernardino County Transportation Authority, Exhibit A – Transportation Expenditure Plan.


III. DEFINITIONS Local Street Program: Measure I program in all subareas that provides funds through a pass-through mechanism directly to local jurisdictions for expenditure on street and road construction, repair, maintenance and other eligible local transportation priorities. Local Street Program funds can be used flexibly for any eligible transportation purpose determined to be a local priority, including Local Street, major highways, state highway improvements, freeway interchanges, transit, and other improvements/programs to maximize use of transportation facilities.

Allocation: An action by the SBCTA Board of Directors to assign a specific amount of Measure I funds from a Measure I program to a project. Allocations of Local Street Program funds occur monthly as a direct pass-through to local jurisdictions.

Five Year Plan: A plan of projected local jurisdiction expenditures for the next five years on local projects eligible for Local Street Program funds, updated annually and submitted to SBCTA by local jurisdictions.

Independent Taxpayer Oversight Committee: A “Mandated Taxpayer Safeguard” established by Ordinance 04-01 for Measure I 2010-2040 to provide citizen review and to ensure that all Measure I funds are spent in accordance with provisions of the Measure I Expenditure Plan and Ordinance.

Maintenance of Effort: The requirement that Measure I funding will supplement and not replace the existing local discretionary funding being used for street and highway purposes.

Maintenance of Effort Base Year Level: The amount of General Fund used for street and highway purposes in Fiscal Year 2008/2009, prior to Measure I 2010-2040, as adopted by the SBCTA Board of Directors.

IV. POLICIES FOR THE VALLEY LOCAL STREET PROGRAM A. Local Street Program Allocation

Policy VLS-1: Each jurisdiction shall receive an allocation from 20% of the Measure I revenue collected in the Valley Subarea on a per capita basis using the population estimate as of January 1 of

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that year. The population estimate for making the per capita calculation shall be determined by SBCTA each year based on the State Department of Finance population estimate. For the unincorporated areas, the calculation shall be based on the population estimate from the County Land Use Services Department - Planning Division and reconciled with the State Department of Finance population estimate as of January 1 of that year.

Policy VLS-2: Local jurisdictions shall not receive their Local Street Program allocation until they have submitted their annual update of their Five Year Plan. The due date to submit the Five Year Plan to SBCTA is September 1 of each year. If the Five Year Plan has not been received by the due date, the pass through payments will be withheld. All withheld pass through payments will be released upon receipt of the local jurisdiction governing body’s adopted Five Year Plan.

Policy VLS-3: The Local Street Program allocation shall be remitted to local jurisdictions monthly.

Policy VLS-4: Local Street Program allocations remitted from January 1 until such time as the State Department of Finance has issued their population figures and SBCTA has made the per capita calculation, shall be based on the prior year’s calculation. Once the per capita calculation has been made, the calculation will be applied retroactively to January 1 and amounts received by local jurisdictions will be adjusted to account for the difference in the amount remitted during the retroactive period and the amount that should have been remitted adjusted for the new per capita calculation.

B. Development Fair Share Contribution Policy VLS-5: A development mitigation fair share contribution is required by Measure I 2010-2040 for all capacity improvement projects on the Nexus Study Network, contained in the most recent Board-adopted version of the Nexus Study approved for jurisdictions in the San Bernardino Valley and funded all or in part with Local Street Program allocations.

Policy VLS-6: Annually as part of its audit of each jurisdictions’ use of Measure I funds, SBCTA will specifically review development mitigation contribution records for capacity improvements to Nexus Study Network facilities that were funded all or in part by Local Street Program allocations. If a material finding is made in the audit showing that the development fair share contribution was not made, SBCTA may, as the agency responsible for the Congestion Management Program, withhold Section 2105 Gas Tax funds or Measure I Local Street Program allocations until the jurisdiction shows that they are in compliance with the Congestion Management Program.

Policy VLS-7: Jurisdictions may borrow from other internal accounts (i.e. within their own jurisdiction) to fund the required development fair share. Jurisdictions will maintain a record of borrowing between internal accounts. The internal accounts shall be reimbursed by development mitigation as development occurs.

C. Five Year Plan Policy VLS-8: Each local jurisdiction is required to annually adopt a Five Year Capital Improvement Plan which details the specific projects to be funded using Measure I Local Pass-Through Funds. Expenditures of Measure I Local Pass Through Funds must be detailed in the Five Year Capital Improvement Plan and adopted by resolution of the governing body. Expenditures can only be made on projects listed in the current Five Year Capital Improvement Plan. Policy VLS-9: Five Year Capital Improvement Plans shall:

a. Specifically identify improvements to be funded all or in part with Measure I Local Street Program funds by street name, boundaries, and project type, subject to eligibility requirements listed in Section D below.

b. Constrain the total amount of planned expenditures to 150% of SBCTA’s forecasted revenue for Measure I Local Pass-Through Funds, revenue resulting from bonds secured by Measure I revenue, and remaining balances from previous year allocations.

c. Include no more than 50% of estimated annual new revenue to general program categories. Any carryover fund balance shall not be used for general program categories.

A general program category is defined as a pavement management program, transportation system improvement, routine roadway maintenance, and other miscellaneous categorical expendituresin a program of work without any identified streets. If a line item in the Five Year Capital Improvement Plan includes a list of the streets to which it will apply, then it does not have

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to count as a general program category (i.e. a city-wide AC overlay program that lists the streets to be included in the program).

d. For capacity enhancement projects to Nexus Study Network roadways, include total estimated cost, Measure I share of project cost and development share of project cost. Maintenance projects or projects that do not enhance the capacity of a roadway do not require a development contribution to be included in the Five Year Plan.

Policy VLS-10: Any single project expenditure in excess of $100,000 must be listed as an individual project and not included in a general program category. A project is defined as a specific road improvement that is eligible to receive Measure I funding.

Policy VLS-11: The Five Year Capital Improvement Plan shall be the basis for the annual audit. Jurisdictions will have flexibility in adding and deleting projects or moving funding between projects in their current Five Year Capital Improvement Plan based on the necessities of the jurisdiction. However, in order for a project to be eligible for expenditure of Local Street Program funds, a revised Capital Improvement Plan adopted by resolution of the governing body is required and must be provided to SBCTA by June 30

th of each fiscal year if the project list has been changed. If the Capital

Improvement Plan is not modified to reflect the changes, an audit finding will result. If the audit finding is not corrected, the project will not be eligible for expenditures of Local Street Program funds.

D. Eligible Expenditures Policy VLS-12: Eligible expenditures include construction, maintenance, and overhead for transportation related purposes only. Included below are definitions and types of eligible expenditures by category.

a. Construction shall be defined as the building or rebuilding of streets, roads, bridges, and acquisition of rights-of-way or their component parts to a degree that improved traffic service is provided and geometric or structural improvements are effected including allocated administration and engineering necessarily incurred and directly related to the above.

b. Construction work includes four categories: 1) New Construction—A construction that substantially deviates from the existing alignment and

provides for an entirely new street or roadbed for the greater parts of its length.

2) Reconstruction—A construction involving realignment or the use of standards well above those of the existing element, whereby the type or the geometric and structural features are significantly changed.

3) Preventative Maintenance— Includes, but is not limited to, roadway activities such as joint and shoulder rehabilitation, heater re-mix, seal coats, corrective grinding of PCC pavement, and restoration of drainage systems.

4) 3R Work— All other work that does not fall into the above defined categories for new construction, reconstruction, or preventative maintenance and typically involves the improvement of highway pavement surfaces through resurfacing, restoration, or rehabilitation. It is generally regarded as heavy, non-routine maintenance designed to achieve a ten-year service life. Specifically, 3R Work is defined as the following:

• Resurfacing generally consists of placing additional asphalt concrete over a structurally sound highway, street, or bridge that needs treatment to extend its useful service life.

• Restoration means returning a road, street, structure, or collateral facility to the condition existing after original construction.

• Rehabilitation implies providing some betterments, such as upgrading guardrail or widening shoulders.

c. Examples of construction expenditures:

Additions

1) Addition of a frontage street or road.

2) Addition of auxiliary lanes such as speed change, storage, or climbing lanes.

Barriers

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3) Earthwork protective structures within or adjacent to the right-of-way area.

4) Extensions and new installation of walls.

5) Replacement of retaining walls to a higher standard.

6) Extension or new installation of guardrails, fences, raised medians or barriers for traffic safety.

Bikeways

7) Construction of bikeways when they are an integral part of the Public Streets and Highways System.

8) Construction of bicycle or pedestrian underpasses or overhead crossing for the general public use.

Bridges

9) Reconstruction of an existing bridge or installation of a new bridge.

10) Widening of a bridge.

11) Replacement of bridge rails and floors to a higher standard.

Curbs, etc.

12) Installations or extensions of curb, gutter, sidewalks or underdrain, (including improvements to handicap ramps to make them ADA compliant).

Drainage

13) Complete reconstruction or addition to a culvert.

14) Extending old culverts and drains and replacing headwalls.

Interagency projects

15) Measure I funds can be expended for road improvements within an adjoining jurisdiction as long as the improvements are made within the County of San Bernardino.

16) Road improvements and maintenance upon a state highway as long as the appropriate agreement with Caltrans is in place.

17) Maintenance or construction on alleys that have been formally accepted into the city or county street system.

18) Development of facilities associated with Metrolink commuter rail operations that are determined to be a local responsibility.

Landscaping

19) Installation or addition to landscape treatment such as sod, shrubs, trees, irrigation, etc.

20) Purchase of land for “greenbelt” if needed to mitigate the environmental impact of a street or road construction project.

Layout

21) Change of alignment, profile, and cross-section.

22) Reconstruction of an intersection and its approximate approaches to a substantially higher type involving a change in its character and layout including changes from a plain intersection to a major channelized intersection or to grade separation and ramps.

Lighting

23) Installation, replacement or expansion of street or road lighting system.

Planning and Design

24) Project development and planning studies and design for eligible transportation projects

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25) Expenses incurred in attending or participating in transportation and traffic engineering sponsored programs conducted for street or road purposes.

26) Engineering review of plans for construction of Valley Measure I Major Projects.

Relocation

27) Removal of old street and roadbeds and structures, and detour costs when connected with a construction project.

28) Replacement in kind, when legally required, of structures which are required to be relocated for street and road purposes.

Signs and signals

29) Installation of original traffic signs and markers on routes.

30) Replacement of all major signs or traffic control devices on a street or road.

31) The installation of a new sign or the replacement of an old sign with one of equal or superior design such as increased size, illumination, or overhead installations.

32) Installation or improvement of traffic signal controls at intersections and protective devices at railroad grade crossings.

33) Purchase and installation of traffic signal control equipment including traffic actuated equipment, radio or other remote control devices and related computers, software and that portion of preemption equipment not mounted on motor vehicles.

Striping

34) Painting or rearrangement of pavement striping and markings, or repainting to a higher standard.

Surface work

35) Original surfacing of shoulders.

36) Improvement of a surface to a higher type.

37) Placing sufficient new material on soil surface, gravel street or road to substantially improve the quality of the original surface.

38) Bituminous material of 1" or more placed on bituminous or concrete material. A lesser thickness may be considered construction provided the engineer shall certify that the resulting pavement is structurally adequate to serve anticipated traffic.

39) Remix existing bituminous surfacing with added materials to provide a total thickness of 1" or more. A lesser thickness may be considered construction provided the engineer shall certify that the resulting pavement is structurally adequate to serve anticipated traffic.

40) Stabilization of street or road base by additive, such as cement, lime or asphaltic material.

Widening

41) Widening of existing street, roadbed or pavement, with or without resurfacing.

42) Resurfacing, stabilizing or widening of shoulders including necessary connections to side streets or road approaches.

Other eligible expenditures

43) Matching funds to federal or state contributions to a roadway project.

44) Park and ride facilities.

d. Maintenance shall be defined as the preservation and upkeep of a street or road to its

constructed condition and the operation of a street or road facility and its integral services to provide safe, convenient and economical highway transportation.

e. Examples of maintenance include:

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1) Scarifying, reshaping and restoring material losses.

2) Applying dust palliatives.

3) Patching, repairing, surface treating, and joint filling on bituminous or concrete surfaces.

4) Jacking concrete pavements.

5) Repairing traveled way and shoulders.

6) Adding bituminous material of less than 1" to bituminous material including seal coats.

7) Remixing existing bituminous surfacing with added materials to provide a total thickness of less than 1". (See exception under Construction, example 39.)

8) Patching operations including base restoration.

9) Resealing street or road shoulders and side street and road approaches.

10) Reseeding and resodding shoulders and approaches.

11) Reshaping of drainage channels and side slopes.

12) Restoring erosion controls.

13) Cleaning culverts and drains.

14) Removing slides and restoring facilities damaged by slides. (Additional new facilities shall be considered construction.)

15) Mowing, tree trimming, and watering within street/road right-of-way.

16) Replacing top soil, sod, shrubs, trees, irrigation facilities, etc. on street and roadside.

17) Repairing curb, gutter, rip-rap, underdrain, culverts and drains.

18) Cleaning, painting and repairing bridges and structures.

19) Performing all snow control operations such as the erection of snow fences and the actual removal of snow and ice from the traveled way.

20) Repainting pavements, striping, and markings.

21) Repainting and repairing signs, guardrails, traffic signals, lighting standards, etc.

22) Adding small numbers of convential traffic control devices including signs.

23) Servicing street or road lighting and traffic control devices.

24) Furnishing power for street and road lighting and traffic control devices.

25) Developing and maintaining programs that enhance management of transportation facilities such as travel demand models and pavement management programs.

26) Purchase of street-related equipment used exclusively for road maintenance.

27) Purchase of rubberized railroad grade crossing material for repair of grade crossings.

f. Overhead shall be defined as those elements of cost necessary in the production of an article or performance of a service which are of such a nature that the amounts applicable to the functions are not readily discernible. Usually they relate to those objects of expenditure that do not become an integral part of the finished product or service. Examples of overhead components are shown below and are comprised of costs that cannot be identified or charged to a project, unless an arbitrary allocation basis is used. Overhead will only be allowed via an approved cost allocation plan or an equitable and auditable distribution of overhead among all departments.

1) Payroll

2) Facilities

3) Advertising

4) General Government

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5) Departmental Accounts/Finance

6) Procurement

7) Top Management

8) General Accounting/Finance

9) Personnel

10) Data Processing

11) Legal Costs

12) Bids

E. Ineligible Expenditures Policy VLS-13: Although many types of work may be referred to as "construction," this does not make these costs automatically eligible for expenditures of Measure I funds. To be eligible, the work must be for street and road purposes.

a. Following is a list of the types of expenditures that are not eligible for financing with Measure funds:

1) Costs of rearranging non-street or road facilities, including utility relocation, when not a legal road or street obligation.

2) New (first installation of) utilities, including water mains, sanitary sewers and other non-street facilities.

3) Costs of leasing property or right-of-way, except when required for construction work purposes on a temporary basis.

4) Costs of constructing or improving a street or area for parking purposes, except for the width normally required for parking adjacent to the traveled way and within the right-of-way, or when off-street parking facilities are constructed in lieu of widening a street to improve the flow of traffic.

5) Decorative lighting.

6) Park features such as benches, playground equipment, and restrooms.

7) Work outside the right-of-way that is not a specific right-of-way obligation.

8) Equestrian under- and overpasses or other similar structures for any other special interest group unless as a part of a right-of-way obligation.

9) Construction, installation, or maintenance of cattle guards.

10) Acquisition of buses or other mass transit vehicles or maintenance and operating costs for mass transit power systems or passenger facilities, other than to specifically serve senior and disabled persons. (Passenger facilities include but are not limited to bus benches, shelters, and bus stop signs, or equipment and services.)

11) Maintenance or construction on alleys that have not been formally designated as part of the jurisdiction’s street and road system.

12) Non-street and road related salaries and benefits.

13) Driveways outside of the street and road right-of-way.

14) Purchase of electronic speed control devices or other non-highway related equipment.15) Freeway telephone emergency system.

15) Interest charged for non-highway purposes.

16) Grantwriting consultant fees.

F. Accounting Requirements

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Policy VLS-14: Each local jurisdiction shall establish a Special Measure I 2010-2040 Transportation Sales Tax Fund. This fund is a special revenue fund utilized to account for proceeds of specific revenue sources that are legally restricted to expenditures for street and road purposes. Jurisdictions should use the modified accrual basis of accounting.

Policy VLS-15: The following requirements are to provide guidance on the specific accounting treatment as it relates to the Special Measure I Transportation Sales Tax Fund.

a. All allocations shall be deposited directly into the Special Measure I Transportation Sales Tax Fund.

b. Interest received by a jurisdiction from the investment of money in its Special Measure I Sales Tax Fund shall be deposited in the fund and shall only be used for street and road purposes.

c. Segregation must be maintained within the Special Measure I Transportation Sales Tax Fund to show separate balances for each subarea (County only).

d. If other revenues are commingled in the Special Measure I Transportation Sales Tax Fund, it is the responsibility of the jurisdiction to provide accurate and adequate documentation to support revenue and expenditure allocation, as well as segregated balances.

e. It is allowable to fund prior year expenditures with current year revenues and/or fund balance as long as funded projects are included in the current adopted Five-Year Capital Improvement Plan and accounting clearly identifies the project and other pertinent data to establish a clear audit trail.

f. If a project is deemed ineligible in the annual Compliance Audit, the Measure I funds used on that project must be repaid to the Special Measure I Transportation Sales Tax Fund in accordance with Policy VLS-19.

Policy VLS-16: Any interest earned on investment of Measure I Transportation Sales Tax Funds must be deposited in the Special Measure I Transportation Sales Tax Fund. Any jurisdiction not electing to invest its Measure I funds but at the same time investing most of its other available funds should deposit the Measure I funds in a separate account to clearly indicate that no such monies were invested. If Measure I Transportation Sales Tax funds are invested, they must receive their equitable proration of interest earned on the total funds invested. Several methods are available to determine an equitable distribution of interest earned. Whatever method is employed, it will be analyzed during audit to determine reasonableness and confirm distribution to the Special Measure I Transportation Sales Tax Fund. It is recommended that a distribution based on average month-end cash balances be employed. In addition, if the interest distribution methodology allows for negative distributions, they will be disallowed. No interest charges based on negative cash and fund balances will be allowed.

Policy VLS-17: Reimbursements of Measure I Transportation Sales Tax Funds previously expended for street and road construction or right-of-way purposes, from whatever source, must be deposited in the Special Measure I Transportation Sales Tax Fund. This includes but is not limited to:

Federal Aid Urban projects

Cooperative agreements

Right-of-way dispositions

Federal and safety projects

Policy VLS-18: Records:

a. Source Documentation - On construction or purchase of right-of-way, all expenditures charged to the Measure I Transportation Sales Tax Fund must be supported by a warrant or other source document (invoice, requisition, time sheet, equipment rental charge, engineering plans, specifications, and other pertinent data) clearly identifying the project and other pertinent data to establish a clear audit trail.

b. Retention Period - All source documents, together with the accounting records, are deemed to be the official records of the jurisdiction and must be retained by the jurisdiction for five (5) years.

Policy VLS-19: Compliance Audit Deadline

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A jurisdiction’s annual Compliance Audit must be completed within six (6) months after the end of the jurisdiction’s fiscal year (Compliance Audit Deadline). SBCTA staff shall monitor the scheduling and progress of the audits to ensure prompt communication by the Auditor after information submittals by the jurisdiction and timely completion of the final Measure I audit report. If a jurisdiction is not able to meet the information submittal deadlines set by the Auditor or the Compliance Audit Deadline due to unforeseen circumstances beyond its control, the jurisdiction may submit a request to SBCTA’s Executive Director no later than thirty days prior to the submittal deadline set by the Auditor or the Compliance Audit Deadline, whichever extension is required, and a two (2) month automatic extension will be granted. Any further requests for extensions of the Compliance Audit Deadline are subject to approval by the Board. The Board may approve further Compliance Audit Deadline extensions if the Board finds: (1) the Compliance Audit was not completed timely for reasons outside of the jurisdiction’s control, such as federal, state, and GASB reporting requirements, or catastrophic events; or (2) it is in the best interest of SBCTA to grant the extension. SBCTA staff shall be responsible for requesting extensions related to Auditor performance.

Policy VLS-20: Remedies

a. If a jurisdiction’s annual Compliance Audit determines that the jurisdiction used Measure I Transportation Sales Tax Funds for ineligible expenses, the jurisdiction shall immediately repay the Measure I Transportation Sales Tax Fund in an equal amount through an internal fund transfer from another source. Repayment will include interest that would have been earned in the Special Measure I Transportation Sales Tax Fund from the time of ineligible expenditure to date of repayment.

b. If a jurisdiction’s annual Compliance Audit fails to be completed with an unmodified opinion by the Compliance Audit Deadline, which may be extended pursuant to Policy VLS-19, the jurisdiction shall immediately repay the Measure I Transportation Sales Tax Fund through an internal fund transfer from another source.in the amount of the Measure I Local Street Program allocation for the subject fiscal year of Compliance Audit findings of unsubstantiated or questioned costs. Repayment will include interest that would have been earned in the Special Measure I Transportation Sales Tax Fund from the time of ineligible expenditure to date of repayment.

c. If the jurisdiction is unable to make such immediate repayment under VLS-20 (a) or (b), the jurisdiction shall not receive its Local Street Program allocation pass-through payments until the repayment amount of ineligible expenses, unsubstantiated costs, or questioned costs, have been withheld by SBCTA. Repayment will include interest that would have been earned in the Special Measure I Transportation Sales Tax Fund from the time of ineligible expenditure to date of repayment.

d. If the jurisdiction enters into a Repayment Agreement with SBCTA, as approved by the jurisdiction and the SBCTA Board of Directors, providing for repayment of the amounts owed under VLS-20 (a) or (b) over a period not to exceed five (5) years, SBCTA will return any pass-through funds withheld. SBCTA will recommence withholding Local Street Program allocation pass-through funds if the jurisdiction fails to comply with the terms of the Repayment Agreement.

G. Maintenance of Effort Requirements Policy VLS-21: The SBCTA Board of Directors shall retain authority over actions related to these Maintenance of Effort (MOE) requirements.

Policy VLS-22: In accordance with California Public Utilities Code 190300 and Ordinance No. 04-01 of the San Bernardino County Transportation Authority, Local Street Program funds shall not be used to supplant existing local discretionary funds being used for street and highway purposes.

Policy VLS-23: SBCTA shall monitor local agency use of General Fund for street and highway purposes relative to their use prior to Measure I 2010-2040, which shall be referred to as the MOE base year level.

Policy VLS-24: The following requirements are to provide guidance on the determination of a MOE base year level.

a. The MOE base year level shall be equivalent to the discretionary General Fund expenditures for transportation-related construction and maintenance activities consistent with Policy VLS-12 in Fiscal Year 2008/2009.

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b. Jurisdictions may propose deductions to the recorded expenditures for the following:

1) Expenditures for unusual circumstances that increased the MOE base year level arbitrarily outside of the normal on-going General Fund expenditures, e.g. General Fund loans to other transportation-related funds, emergency repairs, or special projects.

2) Administrative/overhead costs that were not project-specific, i.e. staff time for transportation staff was charged to a general “program” budget rather than charged directly to specific projects.

c. The proposed MOE base year level shall be adopted by resolution of the governing body.

d. The Independent Taxpayer Oversight Committee (ITOC) will review the proposed MOE base year levels, including the proposed deductions, as adopted by resolution of the governing body, and provide a recommendation to the SBCTA Board of Directors for approval.

e. The MOE base year level as approved by the SBCTA Board of Directors shall remain in effect until the expiration of Measure I 2010-2040.

Policy VLS-25: Jurisdictions shall annually provide a statement in the resolution of the governing body adopting the Five Year Capital Improvement Plan that acknowledges the jurisdiction will maintain General Fund expenditures for transportation-related construction and maintenance activities at the required MOE base year level in that fiscal year. Jurisdictions whose MOE base year level is determined to be $0 are not required to provide this statement in the resolution. Policy VLS-26: The MOE requirement shall be tracked and verified as part of the annual Measure I Local Street Program audit. This will be accomplished by comparing the discretionary General Fund expenditures for transportation-related construction and maintenance activities consistent with Policy VLS-12 to the MOE base year level. Policy VLS-27: General Fund expenditures in excess of the MOE base year level will carry over to subsequent fiscal years and can be applied in a future year to offset the amount the local agency may need to meet the MOE requirement. Carryover balances will be documented in the annual Measure I Local Street Program audit. Policy VLS-28: If the annual Measure I Local Street Program audit indicates that the required MOE base level is not being met, then the jurisdiction has the following four fiscal years to make up the amount. If the audit following those four fiscal years indicates the jurisdiction is still below the MOE base year level, SBCTA will immediately stop disbursing Measure I Local Street Program funds until an amount equivalent to the MOE base year level shortfall has been withheld. The withheld funds will be disbursed to the jurisdiction upon demonstration that the jurisdiction has met the MOE requirements. Policy VLS-29: The following provides guidance on resolution of MOE base year level shortfalls at the expiration of Measure I 2010-2040.

a. If the jurisdiction has not resolved a MOE base year level shortfall within two years after the expiration of Measure I 2010-2040, any withheld funds will be distributed to other compliant jurisdictions within that subarea.

b. If any Measure I Local Street Program audit after Fiscal Year 2033/2034 indicates that the required MOE base year level was not met, then the jurisdiction has until Fiscal Year 2038/2039 to make up the amount. If the audit of Fiscal Year 2038/2039 indicates the jurisdiction is still below the MOE base level, the jurisdiction must pay the MOE base level shortfall to SBCTA for distribution to other compliant jurisdictions within that subarea.

Policy VLS-30: Prior to withholding or required repayment of Measure I Local Street Program funds, jurisdictions shall have an opportunity to appeal to the ITOC. The jurisdiction must present evidence to the ITOC demonstrating unusual circumstances or the need for special consideration. The ITOC will be responsible for making a recommendation to the SBCTA Board of Directors to either approve or deny the request for special consideration.

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V. REVISION HISTORY

Revision No.

Revisions Adopted

0 Adopted by the Board of Directors. 04/01/2009

1 Revisions adopted by the Board of Directors on January 8, 2014, Agenda Item 14. 01/08/2014

2 Revisions adopted by the Board of Directors on May 6, 2015, Agenda Items 6 & 8. 05/06/2015

3 Amended list of eligible expenses to be more consistent with the list of eligible expenses in the State Controller’s Office Gas Tax Fund Guidelines. Modified remedy language in Policy VLS-20. Approved by the BOD 9/6/17, Agenda Item 11.

09/06/2017

4 Addition of due date of Capital Improvement Plan in VLS-2.

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Policy 40012 Victor Valley Local Street Program

1 of 11



Victor Valley Local Street (VVLS) Program Measure I 2010-2040 Strategic Plan

Revision No.

34

Important Notice: A hardcopy of this document may not be the document currently in effect. The current version is always the version on the SBCTA website.

Table of Contents | Purpose | References | Definitions | Policies for the Victor Valley Local Street Program | Revision History |

I. PURPOSE The purpose of this policy is to establish requirements for the Victor Valley Local Street Program, including project eligibility, adoption of Five Year Plans by local jurisdictions, accounting requirements, and development mitigation requirements.

II. REFERENCES Ordinance No. 04-01 of the San Bernardino County Transportation Authority, Exhibit A – Transportation Expenditure Plan.



Allocation: An action by the SBCTA Board of Directors to assign a specific amount of Measure I funds from a Measure I program to a project. Allocations of Local Street Program funds occur monthly as a direct pass-through to local jurisdictions.

Five Year Plan: A plan of projected local jurisdiction expenditures for the next five years on Local Street Projects eligible for Local Street Program funds, updated annually and submitted to SBCTA by local jurisdictions.



Maintenance of Effort Base Year Level: The amount of General Fund used for street and highway purposes in Fiscal Year 2008/2009,prior to Measure I 2010-2040 as adopted by the SBCTA Board of Directors.

IV. POLICIES FOR THE VICTOR VALLEY LOCAL STREET PROGRAM A. Local Street Allocation

Policy VVLS-1 70% of revenue collected in the Victor Valley subarea shall be apportioned for Local Street Projects. After reservation of 2% collected in the subarea for Project Development and Traffic

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Management Systems, each jurisdiction shall receive an allocation from 68% of the Measure I revenue. The allocation methodology is determined based on:

50% population. The population estimate for making the per capita calculation shall be determined by SBCTA each year based on the State Department of Finance population estimate. Annual adjustments to the population estimates are made mid-year, based on availability of DOF estimates. Following approval of the population estimates by the Board, adjustments will be made to the local pass through fund allocations retroactive to January 1 of the year.

50% return to source. The sales tax estimates provided by the State Board of Equalization, updated quarterly based on the prior quarter’s financial data, shall be used as the basis for making the return to source calculations.

Policy VVLS-2: Local jurisdictions shall not receive their Local Street Allocation until they have submitted their annual update of their Five Year Plan. The due date to submit the Five Year Plan to SBCTA is September 1 of each year. If the Five Year Plan has not been received by the due date, the pass through payments will be withheld. All withheld pass through payments will be released upon receipt of the local jurisdiction governing body’s adopted Five Year Plan.

Policy VVLS-3: The Local Street allocation shall be remitted to local jurisdictions monthly.

Policy VVLS-4: Local Street Allocations remitted from January 1 until such time as the State Department of Finance has issued their population figures and SBCTA has made the per capita calculation, shall be based on the prior year’s calculation. Once the per capita calculation has been made, the calculation will be applied retroactively to January 1 and amounts received by local jurisdictions will be adjusted to account for the difference in the amount remitted during the retroactive period and the amount that should have been remitted adjusted for the new per capita calculation.

Policy VVLS-5: Local Street Allocations sales tax generation portion will be based on the prior quarter’s data. Because of the lag in receiving sales tax data from the Board of Equalization, the Sales Tax Generation calculations for that portion of the Local Street Allocation will be calculated using the data from the prior quarter. (Example: During the months of January, February and March SBCTA will use the local sales tax generation figure derived from the fourth quarter of the previous calendar year.)

Policy VVLS-6: SBCTA will make the monthly allocations using the following procedure: a. Determine total amount of Measure I Sales Tax generated in the subarea from information

submitted by the State Board of Equalization.

b. Mutiply the total Measure I Sales Tax received for the month by 0.68 to arrive at the total amount of Local Street Program funds available for distribution to local jurisdictions.

c. Divide the Local Street Program fund into two 50% pools of funding: Allocate the two pools of funding based on:

1) a jurisdiction’s population share of the entire subarea population. 2) jurisdiction’s share of sales tax generation within the total subarea.

d. Add the population based component and the sales tax based component of each jurisdiction’s allocation to arrive at the total Local Street Allocation for each jurisdiction.

e. Remit payment of Local Street Program fund to local jurisdiction.

Policy VVLS-7: The Local Street program allocation will be decreased by 0.5% beginning in 2015 with additional decreases of 0.5% every five years thereafter to a maximum of 2.5% to be allocated to the Senior and Disabled Transit Service Program. This change in allocation will occur automatically unless each jurisdiction in the subarea makes a finding that such increase in Senior and Disabled Transit Service Program is not needed to address unmet transit needs of senior and disabled transit users.

B. Development Fair Share Contribution Policy VVLS-8: A development mitigation fair share contribution is required by Measure I 2010-2040 for all capacity improvement projects on the Nexus Study Network contained in the most recent Board-adopted version of the in the urbanized Victor Valley and funded all or in part with Local Street Program allocations. The urbanized Victor Valley is defined as the cities of Adelanto, Hesperia, Victorville, Town of Apple Valley and their spheres of influence.

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Policy VVLS-9: A development mitigation fair share contribution is required by Measure I 2010-2040 for all capacity improvement projects funded all or in part with Local Street Program allocations as identified by Traffic Impact Analysis (TIA) reports as required by the Congestion Management Program in the non-urban areas. The amount of the Development Fair Share Contribution for each project is defined by the traffic mitigation measures identified in the related TIA reports.

Policy VVLS-10: Annually as part of its audit of each jurisdictions’ use of Measure I funds, SBCTA will specifically review development mitigation contribution records for capacity improvements to Nexus Study Network facilities. If a material finding is made in the audit showing that the development share contribution was not made, SBCTA may, as the Congestion Management Agency, withhold Section 2105 Gas Tax funds or Measure I Local Street Allocations until the jurisdiction shows that they are in compliance with the Congestion Management Program.

Policy VVLS-11: Jurisdictions may borrow from other internal accounts (i.e. within their own jurisdictions) to fund the required development fair share. Jurisdictions will maintain a record of borrowing between internal accounts. The development mitigation account shall reimburse the source of the loan as development occurs. Expenditures can only be made on projects listed in the current Five Year Capital Improvement Plan.

C. Five Year Plan Policy VVLS-12: Each local jurisdiction is required to annually adopt a Five Year Capital Improvement Plan which details the specific projects to be funded using Measure I Local Pass-Through Funds. Expenditures of Measure I Local Pass Through Funds must be detailed in the Five Year Capital Improvement Plan and approved by the governing body.

Policy VVLS-13: Five Year Capital Improvement Plans shall:


b. Constrain the total amount of planned expenditures to 150% of SBCTA’s forecasted revenue for Measure I Local Pass-Through Funds, revenue resulting from bonds secured by Measure I revenue, and remaining balances from previous year allocations.

c. Include no more than 50% of estimated annual new revenue to general program categories Any carryover fund balance shall not be used for general program gategories.

A general program category is defined as a pavement management program, transportation system improvement, routine roadway maintenance, and other miscellaneous categorical expenditures in a program of work without any identified streets. If a line item in the Five Year Capital Improvement Plan includes a list of the streets to which it will apply, then it does not have to count as a general program category (i.e. a city-wide AC overlay program that lists the streets to be included in the program).

d. For capacity enhancement projects to Nexus Study Network roadways, include total estimated cost, Measure I share of project cost and development share of project cost. Maintenance projects or projects that do not enhance the capacity of a roadway do not require a development contribution to be included in the Five Year Plan.

Policy VVLS-14: Any single project expenditure in excess of $100,000 must be listed as an individual project and not included in a general program category. A project is defined as an specific road improvement that is eligible to receive Measure I funding.

Policy VVLS-15: The Five Year Capital Improvement Plan shall be the basis for the annual audit. Jurisdictions will have flexibility in adding or deleting projects or moving funding between projects in their current Five Year Capital Improvement Plan based on the necessities of the jurisdiction. However, in order for a project to be eligible for expenditure of Local Street funds, a revised Capital Improvement Plan adopted by resolution of the governing body is required and must be provided to SBCTA by June 30th of each fiscal year if the project list has been changed. If the Capital Improvement Plan is not modified to reflect the changes, an audit finding will result. If the audit finding is not corrected, the project will not be eligible for expenditures of Local Street funds.

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D. Eligible Expenditures Policy VVLS-16: Eligible expenditures include construction, maintenance, and overhead for transportation related purposes only. Included below are definitions and types of eligible expenditures by category.

a. Construction shall be defined as the building or rebuilding of streets, roads, bridges, and acquisition of rights-of-way or their component parts to a degree that improved traffic service is provided and geometric or structural improvements are effected including allocated administration and engineering necessarily incurred and directly related to the above.

b. Construction work includes four categories: 1) New Construction—A construction that substantially deviates from the existing alignment and

provides for an entirely new street or roadbed for the greater parts of its length.








Additions



Barriers





Bikeways



Bridges




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Curbs, etc.


Drainage








Landscaping



Layout



Lighting


Planning and Design




Relocation



Signs and signals





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Striping


Surface work







Widening






d. Maintenance shall be defined as the preservation and upkeep of a street or road to its constructed condition and the operation of a street or road facility and its integral services to provide safe, convenient and economical highway transportation.Physical Maintenance is the preservation and upkeep of a highway, including all of its elements, in as nearly as practicable to its original condition or its subsequently improved condition, including development of a pavement management program. Traffic Services Maintenance is the operation of a highway facility and services incidental thereto, to provide safe, convenient and economical travel.







6) Adding bituminous material of less than 1" added to bituminous material including seal coats.

7) Remix existing bituminous surfacing with added materials to provide a total thickness of less than 1". (See exception under Construction, example 38.)




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15) Mowing, tree trimming and watering within street/road right-of-way.





20) Repainting pavements, striping and markings.

21) Repainting and repairing of signs, guardrails, traffic signals, lighting standards, etc.







f. Overhead shall be defined as those elements of cost necessary in the production of an article or performance of a service which are of such a nature that the amount applicable to the functions are not readily discernible. Usually they relate to those objects of expenditure which do not become an integral part of the finished product or service. Examples of overhead components are shown below and are comprised of costs which cannot be identified or charged to a project, unless an arbitrary allocation basis is used. Overhead will only be allowed via an approved cost allocation plan or an equitable and auditable distribution of overhead among all departments.

1) Payroll

2) Personnel

3) Procurement

4) Advertising

5) Legal Costs


7) General accounting/finance

8) Departmental accounting/Finance

9) Facilities

10) Data processing

11) Top Management

12) Bids

E. Ineligible Expenditures Policy VVLS-17: Although many types of work may be referred to as "construction," this does not make these costs automatically eligible for expenditures of Measure I funds. To be eligible, the work must be for street and road purposes.

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2. New (first installation of) utilities, including water mains, sanitary sewers and other nonstreet facilities.




6) Park features such as benches, playground equipment, and rest rooms.

7) Work outside the right-of-way which is not a specific right-of-way obligation.

8) Equestrian under and overpasses or other similar structures for any other special interest group unless as a part of a right-of-way obligation.

9) Construction, installation or maintenance of cattle guards.


11) Maintenance or construction on alleys that have not been formally designated as part of the jurisdiction’s street and road system.

12) Non-street and road related salaries and benefits.


14) Purchase of electronic speed control devices or other non-highway related equipment.

15) Roadway telephone emergency system.


17) Debt service payments for non-voter-approved bonds (or Certificate of Participation (COPs)).


F. Accounting Requirements Policy VVLS-18: Each local jurisdiction shall establish a Special Measure I 2010-2040 Transportation Sales Tax Fund. This fund is a special revenue fund utilized to account for proceeds of specific revenue sources that are legally restricted to expenditures for street and road purposes. Jurisdictions should use the modified accrual basis of accounting.

Policy VVLS-19: The following requirements are to provide guidance on the specific accounting treatment as it relates to the Special Measure I Transportation Sales Tax Fund.


b. Interest received by a jurisdiction from the investment of money in its Special Measure I Sales Tax Fund shall be deposited in the fund and shall be used only for street and road purposes.


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e. It is allowable to fund prior year expenditures with current year revenues and/or fund balance as long as funded projects are included in the adopted current Five-Year Capital Improvement Program and accounting clearly identifies the project and other pertinent data to establish a clear audit trail.

f. If a project is deemed ineligible in the annual Compliance Audit, the Measure I funds used on that project must be repaid to the Special Measure I Transportation Sales Tax Fund in accordance with Policy VVLS-23.

Policy VVLS-20: Any interest earned on investment of Measure I Transportation Sales Tax Funds must be deposited in the Special Measure I Transportation Sales Tax Fund. Any jurisdiction not electing to invest its Measure I funds but at the same time investing most of its other available funds should deposit the Measure I funds in a separate account to clearly indicate that no such monies were invested. If Measure I Transportation Sales Tax funds are invested, they must receive their equitable proration of interest earned on the total funds invested. Several methods are available to determine an equitable distribution of interest earned. Whatever method is employed, it will be analyzed during audit to determine reasonableness and confirm distribution to the Special Measure I Transportation Sales Tax Fund. It is recommended that a distribution based on average month-end cash balances be employed. In addition, if the interest distribution methodology allows for negative distributions, they will be disallowed. No interest charges based on negative cash and fund balances will be allowed.

Policy VVLS-21: Reimbursements of Measure I Transportation Sales Tax Funds previously expended for street and road construction or right-of-way purposes, from whatever source, must be deposited in the Special Measure I Transportation Sales Tax Fund. This includes but is not limited to:


Redevelopment agencies




Policy VVLS-22: Records

a. Source Documentation - On construction or purchase of right-of-way, all expenditures charged to the Measure I Transportation Sales Tax Fund must be supported by a warrant or other source document (invoice, requisition, time sheet, equipment rental charge, engineering plans, specifications and other pertinent data) clearly identifying the project and other pertinent data to establish a clear audit trail.


Policy VVLS-23: Compliance Audit Deadline

A jurisdiction’s annual Compliance Audit must be completed within six (6) months after end of the jurisdiction’s fiscal year (Compliance Audit Deadline). SBCTA staff shall monitor the scheduling and progress of the audits to ensure prompt communication by the Auditor after information submittals by jurisdiction, and timely completion of the final MSI audit report. If a jurisdiction is not able to meet the information submittal deadlines set by the Auditor or the Compliance Audit Deadline due to unforeseen circumstances beyond its control, the jurisdiction may submit a request to SBCTA’s Executive Director no later than thirty days prior to the submittal deadline set by the Auditor or the Compliance Audit Deadline, whichever extension is required, and a two (2) month automatic extension will be granted. Any further requests for extensions of the Compliance Audit Deadline are subject to approval by the Board. The Board may approve further Compliance Audit Deadline extensions, if the Board finds: (1) the Compliance Audit was not completed timely for reasons outside of the jurisdiction’s control, such as federal, state, and GASB reporting requirements, or catastrophic events; or (2) it is in the best interests of SBCTA to grant the extension. SBCTA staff shall be responsible for requesting extensions related to Auditor performance.

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Policy VVLS-24 Remedies

a. If a jurisdiction’s annual Compliance Audit determines that the jurisdiction used Measure I Transportation Sales Tax Funds for ineligible expenses, the jurisdiction shall immediately repay the Measure I Transportation Sales Tax Fund in an equal amount through an internal fund transfer from another source. Repayment will include interest that would have been earned in the Measure I Transportation Sales Tax Fund from the time of ineligible expenditure to date of repayment.

b. If a jurisdiction’s annual Compliance Audit fails to be completed with an unmodified opinion by the Compliance Audit Deadline, which may be extended pursuant to Policy VVLS-23, the jurisdiction shall repay the Measure I Transportation Sales Tax Fund, in the amount of the Measure I Local Street Allocation for the fiscal year subject of annual Compliance Audit findings of unsubstantiated or questioned costs, immediately from another source through an internal fund transfer. Repayment will include interest that would have been earned in the Special Measure I Transportation Sales Tax Fund from the time of ineligible expenditure to date of repayment.

c. If the jurisdiction is unable to make such immediate repayment under VVLS-24 (a) or (b), the jurisdiction shall not receive its Local Street Allocation pass-through payments until the repayment amount of ineligible expenses, unsubstantiated costs, or questioned costs, have been withheld by SBCTA. Repayment will include interest that would have been earned in the Special Measure I Transportation Sales Tax Fund from the time of ineligible expenditure to date of repayment.

d. If the jurisdiction enters into a Repayment Agreement with SBCTA, as approved by the jurisdiction and the SBCTA Board of Directors, providing for repayment of the amounts owed under VVLS-24 (a) or (b) over a period not to exceed five (5) years, SBCTA will return any pass-through funds withheld. SBCTA will recommence withholding Local Street Allocation pass-through funds if the jurisdiction fails to comply with the terms of the Repayment Agreement.

G. Maintenance of Effort Requirements Policy VVLS-25: The SBCTA Board of Directors shall retain authority over actions related to these Maintenance of Effort (MOE) requirements.

Policy VVLS-26: In accordance with California Public Utilities Code 190300 and Ordinance No. 04-01 of the San Bernardino County Transportation Authority, Local Street Program funds shall not be used to supplant existing local discretionary funds being used for street and highway purposes.

Policy VVLS-27: SBCTA shall monitor local agency use of General Fund for street and highway purposes relative to their use prior to Measure I 2010-2040, which shall be referred to as the MOE base year level.

Policy VVLS-28: The following requirements are to provide guidance on the determination of a MOE base year level.

a. The MOE base year level shall be equivalent to the discretionary General Fund expenditures for transportation-related construction and maintenance activities consistent with Policy VVLS-16 in Fiscal Year 2008/2009.


1) Expenditures for unusual circumstances that increased the MOE base year level arbitrarily outside of the normal on-going General Fund expenditures, e.g. General Fund loans to other transportation-related funds, emergency repairs, or special projects.




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Policy VVLS-29: Jurisdictions shall annually provide a statement in the resolution of the governing body adopting the Five Year Capital Improvement Plan that acknowledges the jurisdiction will maintain General Fund expenditures for transportation-related construction and maintenance activities at the required MOE base year level in that fiscal year. Jurisdictions whose MOE base year level is determined to be $0 are not required to provide this statement in the resolution.

Policy VVLS-30: The MOE requirement shall be tracked and verified as part of the annual Measure I Local Street Program audit. This will be accomplished by comparing the discretionary General Fund expenditures for transportation-related construction and maintenance activities consistent with Policy VVLS-16 to the MOE base year level.

Policy VVLS-31: General Fund expenditures in excess of the MOE base year level will carry over to subsequent fiscal years and can be applied in a future year to offset the amount the local agency may need to meet the MOE requirement. Carryover balances will be documented in the annual Measure I Local Street Program audit.

Policy VVLS-32: If the annual Measure I Local Street Program audit indicates that the required MOE base level is not being met, then the jurisdiction has the following four fiscal years to make up the amount. If the audit following those four fiscal years indicates the jurisdiction is still below the MOE base year level, SBCTA will immediately stop disbursing Measure I Local Street Program funds until an amount equivalent to the MOE base year level shortfall has been withheld. The withheld funds will be disbursed to the jurisdiction upon demonstration that the jurisdiction has met the MOE requirements.

Policy VVLS-33: The following provides guidance on resolution of MOE base year level shortfalls at the expiration of Measure I 2010-2040.



Policy VVLS-34: Prior to withholding or required repayment of Measure I Local Street Program funds, jurisdictions shall have an opportunity to appeal to the ITOC. The jurisdiction must present evidence to the ITOC demonstrating unusual circumstances or the need for special consideration. The ITOC will be responsible for making a recommendation to the SBCTA Board of Directors to either approve or deny the request for special consideration.

V. REVISION HISTORY

Revision No.

Revisions Adopted


1 Revisions adopted by the Board of Directors on Jan. 8, 2014, Agenda Item 14. 01/08/2014

2 Revisions adopted by the Board of Directors on May 6, 2014, Agenda Itms 6 & 18. 05/06/2015

3 Amended list of eligible expenses to be more consistent with the list of eligible expenses in the State Controller’s Office Gas Tax Fund Guidelines. Modified remedy language in Policy VVLS-24. BOD approved changes 9/6/17, Agenda Item 11.

9/6/2017

4 Addition of due date of Capital Improvement Plan in VVLS-2.

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Policy 40016 Rural Mountain/Desert Local Street Program

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Rural Mountain/Desert Subareas Local Street Program (MDLS)

Measure I 2010-2040 Strategic Plan

Revision No.

3 4


Table of Contents | Purpose | References | Definitions | Policies for the Rural Mountain/Desert Subareas Local Street Program | Revision History |

I. PURPOSE The purpose of this policy is to establish requirements for the Local Street Programs for the Colorado River, Morongo Basin, Mountains, and North Desert subareas, including project eligibility, adoption of Five Year Plans by local jurisdictions, accounting requirements, and development mitigation requirements.

II. REFERENCES Ordinance No. 04-01 of the San Bernardino County Transportation Authority, Exhibit A – Transportation Expenditure Plan



Allocation: An action by the SBCTA Board of Directors to assign a specific amount of Measure I funds from a Measure I program to a project. The allocation decision is made annually by the Board of Directors by March of each year. Allocation of Local Street Program funds occur monthly as a direct pass-through to local jurisdictions.

Five Year Plan: A plan of projected local jurisdiction expenditures for the next five years on Local Street Projects eligible for Local Street Program funds, updated annually and submitted to SBCTA by local jurisdictions.



Maintenance of Effort Base Year Level: The amount of General Fund used for street and highway purposes in Fiscal Year 2008/2009 prior to Measure I 2010-2040 as adopted by the SBCTA Board of Directors.

IV. POLICIES FOR THE RURAL MOUNTAIN/DESERT SUBAREAS LOCAL STREET PROGRAM A. Local Street Allocation

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Policy MDLS-1: 70% of revenue collected in the Victor Valley subarea shall be apportioned for Local Street Projects. After reservation of 2% collected in the subarea for Project Development and Traffic Management Systems, each jurisdiction shall receive an allocation from 68% of the Measure I revenue. The allocation methodology is determined based on:

50% population. The population estimate for making the per capita calculation shall be determined by SBCTA each year based on the State Department of Finance population estimate. Annual adjustments to the population estimates are made mid-year, based on availability of DOF estimates. Following approval of the population estimates by the Board, adjustments will be made to the local pass through fund allocations retroactive to January 1 of the year.

50% return to source. The sales tax estimates provided by the State Board of Equalization, updated quarterly based on the prior quarter’s financial data, shall be used as the basis for making the return to source calculations.

Policy MDLS-2: Local jurisdictions shall not receive their Local Street allocation until they have submitted their annual update of their Five Year Plan. The due date to submit the Five Year Plan to SBCTA is September 1 of each year. If the Five Year Plan has not been received by the due date, the pass through payments will be withheld. All withheld pass through payments will be released upon receipt of the local jurisdiction governing body’s adopted Five Year Plan.

Policy MDLS-3: The Local Street Allocation shall be remitted to local jurisdictions monthly.

Policy MDLS-4: Local Street Allocations remitted from January 1 until such time as the State Department of Finance has issued their population figures and SBCTA has made the per capita calculation, shall be based on the prior year’s calculation. Once the per capita calculation has been made, the calculation will be applied retroactively to January 1 and amounts received by local jurisdictions will be adjusted to account for the difference in the amount remitted during the retroactive period and the amount that should have been remitted adjusted for the new per capita calculation.

Policy MDLS-5: Local Street Allocations sales tax generation portion will be based on the prior quarter’s data. Because of the lag in receiving sales tax data from the Board of Equalization, the Sales Tax Generation calculations for that portion of the Local Street Allocation will be calculated using the data from the prior quarter. (Example: During the months of January, February and March SBCTA will use the local sales tax generation figure derived from the fourth quarter of the previous calendar year.)

Policy MDLS-6: SBCTA will make the monthly allocations using the following procedure:

a. Determine total amount of Measure I Sales Tax generated in the subarea from information submitted by the State Board of Equalization.

b. Mutiply the total Measure I Sales Tax received for the month by 0.68 to arrive at the total subarea Local Street Allocation.

c. Divide the Local Street Program fund into two 50% pools of funding: Allocate the two pools of funding based on:

1) a jurisdiction’s population share of the entire subarea population.

2) jurisdiction’s share of sales tax generation within the total subarea.

d. Add the population based component and the sales tax based component of each jurisdiction’s allocation to arrive at the total Local Street Allocation for each jurisdiction.

e. Remit payment of Local Street Program fund to local jurisdiction.

Policy MDLS-7: Upon each jurisdiction in a particular subarea making a finding that an increase in Senior and Disabled Transit Service is needed to meet the unmet transit needs of senior and disabled users, the Local Street allocation may be reduced and that allocation may be shifted to the Senior and Disabled Transit Service Program for that subarea.

B. Development Fair Share Contribution Policy MDLS-8: Development mitigation for Local Street projects in the Rural Mountain/Desert is required by Measure I 2010-2040 for all capacity improvement projects for transportation facilities funded all or in part with Local Street Program allocations as identified by a Traffic Impact Analysis

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(TIA) report as required by the Congestion Management Program. The amount of the development mitigation for each project is defined by the traffic mitigation measures identified in the related TIA reports.

Policy MDLS-9: Annually as part of its audit of each jurisdictions’ use of Measure I funds, SBCTA will specifically look to make sure that the development mitigation towards capacity improvements identified in TIAs is accounted for. If a material finding is made in the audit showing that a contribution of development mitigation was not made as identified by a TIA, then SBCTA may, as the Congestion Management Authority, withhold Section 2105 Gas Tax funds or Measure I Local Street Allocations until the jurisdiction shows that they are in compliance with the Congestion Management Plan.

C. Five Year Plan Policy MDLS-10: Each local jurisdiction is required to annually adopt and submit to SBCTA by September 30 of each year a Five Year Capital Improvement Plan which details the specific projects to be funded using Measure I Local Pass-Through Funds. Expenditures of Measure I Local Pass Through Funds must be detailed in the Five Year Capital Improvement Plan and adopted by resolution of the governing body.

Policy MDLS-11: Five Year Capital Improvement Plans shall:


b. Constrain the total annual amount of planned expenditures to 150% of SBCTA’s forecasted revenue for Measure I Local Pass-Through Funds, revenue resulting from bonds secured by Measure I revenue, and remaining balances from previous year allocations.

c. Include no more than 50% of estimated annual new revenue to general program categories. Any carryover fund balance shall not be used for general program categories.

A general program category is defined as a pavement magement program, transportation system improvement, routine roadway maintenance, and other miscellaneous categorical expenditures in a program of work without any identified streets. If a line item in the Five Year Capital Improvement Plan includes a list of the streets to which it will apply, then it does not have to count as a general program category (i.e. a city-wide AC overlay program that lists the streets to be included in the program).

Policy MDLS-12: Any single project expenditure in excess of $100,000 must be listed as an individual project and not included in a general program category. A project is defined as an specific road improvement that is eligible to receive Measure I funding.

Policy MDLS-13: The Five Year Capital Improvement Plan shall be the basis for the annual audit. Jurisdictions will have flexibility in adding or deleting projects or moving funding between projects in their current Five Year Capital Improvement Plan based on the necessities of the jurisdiction. However, in order for a project to be eligible for expenditure of Local Street funds, a revised Capital Improvement Plan adopted by resolution of the governing body is required and must be provided to SBCTA by June 30th of each fiscal year if the project list has been changed. If the Capital Improvement Plan is not modified to reflect the changes, an audit finding will result. If the audit finding is not corrected, the project will not be eligible for expenditures of Local Street funds.

D. Eligible Expenditures Policy MDLS-14: Eligible expenditures include construction, maintenance, and overhead for transportation related purposes only. Included below are definitions and types of eligible expenditures by category.

a Construction shall be defined as the building or rebuilding of streets, roads, bridges, and acquisition of rights-ofway or their component parts to a degree that improved traffic service is provided and geometric or structural improvements are effected including allocated administration and engineering necessarily incurred and directly related to the above.

b. Construction work includes four categories:

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1) New Construction—A construction that substantially deviates from the existing alignment and provides for an entirely new street or roadbed for the greater parts of its length.








Additions



Barriers





Bikeways



Bridges




Curbs, etc.


Drainage




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Landscaping



Layout



Lighting


Planning and Design




Relocation



Signs and signals






Striping


Surface work


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Widening






d. Maintenance shall be defined as the preservation and upkeep of a street or road to its constructed condition and the operation of a street or road facility and its integral services to provide safe, convenient and economical highway transportation. Physical Maintenance is the preservation and upkeep of a highway, including all of its elements, in as nearly as practicable to its original condition or its subsequently improved condition, including development of a pavement management program. Traffic Services Maintenance is the operation of a highway facility and services incidental thereto, to provide safe, convenient and economical travel.







6) Adding bituminous material of less than 1" added to bituminous material including seal coats.

7) Remix existing bituminous surfacing with added materials to provide a total thickness of less than 1". (See exception under Construction, example 38.)








15) Mowing, tree trimming and watering within street/road right-of-way.



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20) Repainting pavements, striping and markings.

21) Repainting and repairing of signs, guardrails, traffic signals, lighting standards, etc.







f. Overhead shall be defined as those elements of cost necessary in the production of an article or performance of a service which are of such a nature that the amount applicable to the functions are not readily discernible. Usually they relate to those objects of expenditure which do not become an integral part of the finished product or service. Examples of overhead components are shown below and are comprised of costs which cannot be identified or charged to a project, unless an arbitrary allocation basis is used. Overhead will only be allowed via an approved cost allocation plan or an equitable and auditable distribution of overhead among all departments.

1) Payroll

2) Personnel

3) Procurement

4) Advertising

5) Legal Costs


7) General accounting/finance

8) Departmental accounting/Finance

9) Facilities

10) Data processing

11) Top Management

12) Bids

E. Ineligible Expenditures Policy MDLS-15: Although many types of work may be referred to as "construction," this does not make these costs automatically eligible for expenditures of Measure I funds. To be eligible, the work must be for street and road purposes.



2) New (first installation of) utilities, including water mains, sanitary sewers and other nonstreet facilities.


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6) Park features such as benches, playground equipment, and rest rooms.

7) Work outside the right-of-way which is not a specific right-of-way obligation.

8) Equestrian under and overpasses or other similar structures for any other special interest group unless as a part of a right-of-way obligation.

9) Construction, installation or maintenance of cattle guards.


11) Maintenance or construction on alleys that have not been formally designated as part of the designated street and road system.

12) Non-street related salaries and benefits.


14) Purchase of electronic speed control devices or other non-highway related equipment.

15) Roadway telephone emergency system.


17) Debt service payments for non-voter-approved bonds (or Certificate of Participation (COPs)).


F. Accounting Requirements Policy MDLS-16: Each local jurisdiction shall establish a Special Measure I 2010-2040 Transportation Sales Tax Fund. This fund is a special revenue fund utilized to account for proceeds of specific revenue sources that are legally restricted to expenditures for street purposes. Jurisdictions should use the modified accrual basis of accounting.

Policy MDLS-17: The following requirements are to provide guidance on the specific accounting treatment as it relates to the Special Measure I Transportation Sales Tax Fund.


b. Interest received by a jurisdiction from the investment of money in its Special Measure I Sales Tax Fund shall be deposited in the fund and shall be used only for street and road purposes.



e. It is allowable to fund prior year expenditures with current year revenues and/or fund balance as long as funded projects are included in the adopted current Five-Year Capital Improvement Program and accounting clearly identifies the project and other pertinent data to establish a clear audit trail.

f. If a project is deemed ineligible in the annual Compliance Audit, the Measure I funds used on that project must be repaid to the Special Measure I Transportation Sales Tax Fund in accordance with Policy MDLS-21.

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Policy MDLS-18: Any interest earned on investment of Measure I Transportation Sales Tax Funds must be deposited in the Special Measure I Transportation Sales Tax Fund. Any jurisdiction not electing to invest its Measure I funds but at the same time investing most of its other available funds should deposit the Measure I funds in a separate account to clearly indicate that no such monies were invested. If Measure I Transportation Sales Tax funds are invested, they must receive their equitable proration of interest earned on the total funds invested. Several methods are available to determine an equitable distribution of interest earned. Whatever method is employed, it will be analyzed during audit to determine reasonableness and confirm distribution to the Special Measure I Transportation Sales Tax Fund. It is recommended that a distribution based on average monthend cash balances be employed. In addition, if the interest distribution methodology allows for negative distributions, they will be disallowed. No interest charges based on negative cash and fund balances will be allowed.

Policy MDLS-19: Reimbursements of Measure I Transportation Sales Tax Funds previously expended for street and road construction or right-of-way purposes, from whatever source, must be deposited in the Special Measure I Transportation Sales Tax Fund. This includes but is not limited to:


Redevelopment agencies




Policy MDLS-20: Records

a. Source Documentation - On construction or purchase of right-of-way, all expenditures charged to the Measure I Transportation Sales Tax Fund must be supported by a warrant or other source document (invoice, requisition, time sheet, equipment rental charge, engineering plans, specifications and other pertinent data) clearly identifying the project and other pertinent data to establish a clear audit trail.


Policy MDLS-21: Compliance Audit Deadline A jurisdiction’s annual Compliance Audit must be completed within six (6) months after end of the jurisdiction’s fiscal year (Compliance Audit Deadline). SBCTA staff shall monitor the scheduling and progress of the audits to ensure prompt communication by the Auditor after information submittals by jurisdiction, and timely completion of the final MSI audit report. If a jurisdiction is not able to meet the information submittal deadlines set by the Auditor or the Compliance Audit Deadline due to unforeseen circumstances beyond its control, the jurisdiction may submit a request to SBCTA’s Executive Director no later than thirty days prior to the submittal deadline set by the Auditor or the Compliance Audit Deadline, whichever extension is required, and a two (2) month automatic extension will be granted. Any further requests for extensions of the Compliance Audit Deadline are subject to approval by the Board. The Board may approve further Compliance Audit Deadline extensions, if the Board finds: (1) the Compliance Audit was not completed timely for reasons outside of the jurisdiction’s control, such as federal, state, and GASB reporting requirements, or catastrophic events; or (2) it is in the best interests of SBCTA to grant the extension. SBCTA staff shall be responsible for requesting extensions related to Auditor performance.

Policy MDLS-22 Remedies a. If a jurisdiction’s annual Compliance Audit determines that the jurisdiction used Measure I

Transportation Sales Tax Funds for ineligible expenses, the jurisdiction shall immediately repay the Measure I Transportation Sales Tax Fund in an equal amount through an internal fund transfer from another source. Repayment will include interest that would have been earned in the Measure I Transportation Sales Tax Fund from the time of ineligible expenditure to date of repayment.

b. If a jurisdiction’s annual Compliance Audit fails to be completed with an unmodified opinion by the Compliance Audit Deadline, which may be extended pursuant to Policy MDLS-21, the jurisdiction shall repay the Measure I Transportation Sales Tax Fund, in the amount of the Measure I Local Street Allocation for the fiscal year subject of annual Compliance Audit findings of

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unsubstantiated or questioned costs, immediately from another source through an internal fund transfer. Repayment will include interest that would have been earned in the Special Measure I Transportation Sales Tax Fund from the time of ineligible expenditure to date of repayment.

c. If the jurisdiction is unable to make such immediate repayment under MDLS-22 (a) or (b), the jurisdiction shall not receive its Local Street Allocation pass-through payments until the repayment amount of ineligible expenses, unsubstantiated costs, or questioned costs, have been withheld by SBCTA. Repayment will include interest that would have been earned in the Special Measure I Transportation Sales Tax Fund from the time of ineligible expenditure to date of repayment.

d. If the jurisdiction enters into a Repayment Agreement with SBCTA, as approved by the

jurisdiction and the SBCTA Board of Directors, providing for repayment of the amounts owed under MDLS-22 (a) or (b) over a period not to exceed five (5) years, SBCTA will return any pass-through funds withheld. SBCTA will recommence withholding Local Street Allocation pass-through funds if the jurisdiction fails to comply with the terms of the Repayment Agreement.

G. Maintenance of Effort Requirements Policy MDLS-23: The SBCTA Board of Directors shall retain authority over actions related to these Maintenance of Effort (MOE) requirements.

Policy MDLS-24: In accordance with California Public Utilities Code 190300 and Ordinance No. 04-01 of the San Bernardino County Transportation Authority, Local Street Program funds shall not be used to supplant existing local discretionary funds being used for street and highway purposes.

Policy MDLS-25: SBCTA shall monitor local agency use of General Fund for street and highway purposes relative to their use prior to Measure I 2010-2040, which shall be referred to as the MOE base year level.

Policy MDLS-26: The following requirements are to provide guidance on the determination of a MOE base year level.

a. The MOE base year level shall be equivalent to the discretionary General Fund expenditures for transportation-related construction and maintenance activities consistent with Policy MDLS-14 in Fiscal Year 2008/2009.


1)Expenditures for unusual circumstances that increased the MOE base year level arbitrarily outside of the normal on-going General Fund expenditures, e.g. General Fund loans to other transportation-related funds, emergency repairs, or special projects.





Policy MDLS-27: Jurisdictions shall annually provide a statement in the resolution of the governing body adopting the Five Year Capital Improvement Plan that acknowledges the jurisdiction will maintain General Fund expenditures for transportation-related construction and maintenance activities at the required MOE base year level in that fiscal year. Jurisdictions whose MOE base year level is determined to be $0 are not required to provide this statement in the resolution.

Policy MDLS-28: The MOE requirement shall be tracked and verified as part of the annual Measure I Local Street Program audit. This will be accomplished by comparing the discretionary General Fund expenditures for transportation-related construction and maintenance activities consistent with Policy MDLS-14 to the MOE base year level.

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Policy MDLS-29: General Fund expenditures in excess of the MOE base year level will carry over to subsequent fiscal years and can be applied in a future year to offset the amount the local agency may need to meet the MOE requirement. Carryover balances will be documented in the annual Measure I Local Street Program audit.

Policy MDLS-30: If the annual Measure I Local Street Program audit indicates that the required MOE base level is not being met, then the jurisdiction has the following four fiscal years to make up the amount. If the audit following those four fiscal years indicates the jurisdiction is still below the MOE base year level, SBCTA will immediately stop disbursing Measure I Local Street Program funds until an amount equivalent to the MOE base year level shortfall has been withheld. The withheld funds will be disbursed to the jurisdiction upon demonstration that the jurisdiction has met the MOE requirements.

Policy MDLS-31: The following provides guidance on resolution of MOE base year level shortfalls at the expiration of Measure I 2010-2040.



Policy MDLS-32: Prior to withholding or required repayment of Measure I Local Street Program funds, jurisdictions shall have an opportunity to appeal to the ITOC. The jurisdiction must present evidence to the ITOC demonstrating unusal circumstances or the need for special consideration. The ITOC will be responsible for making a recommendation to the SBCTA Board of Directors to either approve or deny the request for special consideration.

V. REVISION HISTORY

Revision No.

Revisions Adopted


1 Revisions adopted by the Board of Directors on January 8, 2014, Agenda Item14. 01/08/2014

2 Revisions adopted by the Board of Directors on May 6, 2015, Agenda Items 6 & 18. 05/06/2015

3 Amended list of eligible expenses to be more consistent with the list of eligible expenses in the State Controller’s Office Gas Tax Fund Guidelines. Modified remedy language in Policy MDLS-22. Approved by the BOD 9/6/17, Agenda Item 11.

09/06/2017

4 Addition of due date of Capital Improvement Plan in MDLS-2.

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Minute Action

AGENDA ITEM: 13

Date: June 13, 2018

Subject:

Measure I 2018 Population Estimates

Recommendation:


Transportation Authority, adopt the 2018 Population Estimates in Attachment B for use in the

allocation of Measure I Local Street Program Funds.

Background:

Allocation of revenue authorized by Ordinance No. 04-01 is estimated within the Transportation

Expenditure Plan, but funds are allocated by percentage of the actual revenue received.

Population estimates for the cities and unincorporated territory within each Measure I Subarea

are used in the allocation of Measure I Local Street Program funds, commonly referred to as

local pass-through funds. The Valley distribution formula for local pass-through funds is based

strictly upon population, while the Mountain/Desert formula contains both population and point

of generation components as detailed below:

San Bernardino Valley Subarea Expenditure Plan, Section F “Local Street Projects” states:

“Allocations to local jurisdictions shall be on a per capita basis using the most recent

State Department of Finance population estimates for January 1, with the County’s portion based

upon unincorporated population in the Valley Subarea. Estimates of unincorporated population

within the Valley Subarea shall be determined by the County Planning Department, reconciled

with the State Department of Finance population estimate for January 1 of each year.”

Mountain/Desert Expenditure Plan, Section C “Local Street Projects” Paragraph 2 states:

“…funds in the general Local Street Projects category shall be allocated to local jurisdictions

based upon population (50 percent) and tax generation (50 percent). Population calculations

shall be based upon the most current State Department of Finance estimates for January 1 of each

year. Estimates of unincorporated population within each subarea shall be determined by the

County Planning Department, reconciled with the State Department of Finance population

estimates. Tax generation calculations shall be based upon State Board of Equalization data.”

The formulas are updated annually using the State Department of Finance (DOF) population

estimates as of January 1 of each year. The DOF estimating process begins with a county

estimate that is produced by using customary demographic data inputs (births, deaths, school

enrollment, administrative data, etc.) and applying standard demographic methodology.

Growth or decline at the local level (city/unincorporated area) is estimated using data collected

from local jurisdictions, mainly housing unit change and annexations, and group quarters

changes (college dorms, prisons, military barracks) collected from a variety of government

agencies and educational segments. That local estimate is then aligned to the county-level figure

which is based on changes in annual counts for births, deaths, school enrollment, migration,

medical care enrollment data, and group quarters population. Once DOF has the data necessary

to produce the annual sub-county report, the DOF timeframe for actually calculating and

producing the estimates is very limited due to the timing of the data collection (as it becomes

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June 13, 2018

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available) and the statutory deadline that they are under. Further information from the DOF

website is included as Attachment A to this agenda item.

According to DOF, local agencies that have comments or feedback pertaining to a population

estimate are encouraged to first contact their planning department, building department or

community development department locally to express their concerns. The housing unit changes

that drive population estimates locally come directly from a survey completed by local planning,

building and community development departments. In the event that a number of housing units

were not reported by the local jurisdiction, DOF can revise a previous year to include those units

given the proper documentation. This may result in a higher population for a previous year but

does not directly impact current year transportation sales tax funds to the jurisdiction for the

current year.

The San Bernardino County Demographic Research Unit takes the DOF estimates and

disaggregates the unincorporated population by Measure I Subarea based on building permit

activity. Urban areas are defined by Caltrans Urban Area Boundaries within the unincorporated

areas. Both are controlled to the DOF Unincorporated total.

The January 1, 2018, population estimates are recommended for approval and use in allocation

of Measure I Local Street Program funds. Both the 2018 population estimates (Attachment B)

and the 2017 population estimates (Attachment C) are attached to this agenda item for

comparison purposes. As there were only minor fluctuations in the population statistics,

there should be no significant shift in Measure I fund allocations related to population.

The distribution of Measure I funds will be adjusted retroactively to January 1, 2018, to reflect

each jurisdiction’s relative proportion of population within the Measure I Subarea.

This item has no direct impact on the San Bernardino County Transportation Authority’s budget.

The adopted population estimates are incorporated into the allocation formula for distribution to

local jurisdictions. It should be noted that the population estimates are also used in the

apportionment of the Local Transportation Fund, the State Transit Assistance Fund, the

Federal Transit Administration Section 5311 Rural Grants, and in the determination of equitable

shares between subareas of certain State and Federal funds.

Financial Impact:

This item is consistent with the Fiscal Year 2018/2019 Budget.

Reviewed By:


committee.

Responsible Staff:

Ellen Pollema, Management Analyst II

Approved


Date: June 13, 2018

Witnessed By:

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Attachment A

Department of Finance Population Estimate Methodology

Source: State of California, Department of Finance, May 1, 2018.

http://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-1/documents/E-1_2018PressRelease.pdf

OVERVIEW

California added 309,000 residents in 2017 to bring the State’s total population as of January 1st to 39,810,000.

Last year’s 0.78-percent growth rate compares to the 0.86-percent annualized growth rate since the 2010 Census. Chino Hills was the fastest growing city with a population over 30,000, with a 4.60-percent growth.

The population estimates are produced annually by the Department of Finance for use by local areas to calculate their annual apportions limit. The State Controller’s Office uses Finance’s estimates to update their population figures for distribution of state subventions to cities and counties, and to comply with various state codes. Additionally, estimates are used for research and planning purposes by federal, state, and local agencies, the academic community, and the private sector.

Changes to the housing stock are used in the preparation of the annual city population estimates. Estimated occupancy of housing units and the number of persons per household further determine population levels. Changes in city housing stock result from new construction, demolitions, housing unit conversions, and annexations. The sub-county population estimates are then adjusted to be consistent with independently produced county estimates.

Related population reports are available on the Department’s website: http://www.dof.ca.gov/research/demographic

POPULATION CHANGE MODELING

The state and county population are independently estimated using population change models benchmarked on official decennial census counts. The state population is estimated using the Driver License Address Change method. County population proportions are estimated using the average of three separately estimated sets of proportions. The final distribution of proportions is applied to the independently estimated state control.

State Estimate. The state population is estimated using the Driver License Address Change (DLAC) Method. This composite method separately estimates the population under age 18, 18 through 64, and 65 years and older. Administrative records such as births, deaths, driver license address changes, tax return data, Medicare and Medi-Cal enrollment, immigration reports, elementary school enrollments, and group quarters population are among the data used in this method. All data used to develop these estimates are in summary tables and do not reveal the identity of any individual.

County Estimates. Most of county populations estimates result from averaging the first three methods below. We use one of these methods: Housing Unit Method, Vital Statistics Method, or DLAC Method, in 13 counties with 65,000 populations or less.

DLAC Method. A modified version of the state Driver License Address Change (DLAC) method is used for counties. County proportions of the state total result from changes in county population values for births, deaths, school enrollment, foreign and domestic migration, medical aid enrollments, and group quarters population.

Ratio-Correlation Method. This method models change in household population as a function of changes in the distributions of driver licenses, school enrollments, and housing units. Estimates of county group quarters are added.

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http://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-1/documents/E-1_2018PressRelease.pdf

http://www.dof.ca.gov/research/demographic

Tax Return Method. County proportions are derived by the U.S. Census Bureau using matched federal income tax returns to estimate inter-county migration along with vital statistics, group quarters, and other information for the population aged 65 and over.

Housing Unit Method (HUM). Vacancy rate data from the 2010 census is applied. Assuming the average number of persons in households remains unchanged from Census 2010, county populations are then calculated from estimated counts for the household and group quarter’s population data.

Vital Statistics Method. County population estimates result from changes in county population values for births, deaths, and group quarters population.

METHODOLOGY

City and Unincorporated Area Estimates. The HUM is used to estimate total and occupied housing units, household size, household population, and group quarters population. Housing units are estimated by adding new construction and annexations and subtracting demolitions, and adjusting for units lost or gained by conversions. Annual housing unit change data are supplied by local jurisdictions and the U.S. Census Bureau. Occupied housing units are estimated by applying a derived civilian vacancy rate, based on 2010 benchmark data, to the estimated civilian housing units. Adjustments to census vacancy rates are made periodically. Exact data on foreclosures or other housing market indicatorsare not available to adjust vacancy rates. Military occupied housing units are added to civilian occupied housing units to calculate total occupied housing units. Military surveys are used to track military changes including base realignments and closures. Household population estimates are derived by multiplying the number of occupied housing units by the current persons per household. The persons per household estimates are based on 2010 census benchmark data and are adjusted by raking the current county population series into these estimates. The group quarters population is based on the Census Bureau’s 2010 SF1 File counts on group quarters and annually adjusted using reported changes for group quarters by state, federal, and local agencies. The household and group quarters populations are summed to produce the initial city population estimates. These estimates are aligned to the county estimates described below.

County Estimates. County population estimates were developed using three separate methods.

County Driver License Address Change (DLAC) Method. A modified version of the state DLAC method is used for counties. County-level estimated population results from changes in annual counts for births, deaths, school enrollment, foreign and domestic migration, medical care enrollment data for the population 65 and over, and group quarters population.

Ratio-Correlation Method. This method models change in household population as a function of changes in the distributions of births, deaths, driver licenses, public elementary school enrollment, labor force, and county housing unit counts. Estimates of county group quarters are added.

Administrative Records (ADREC) Method. County population estimates are derived using the U.S. Census Bureau ADREC Method, which are updated from their most recent estimates series and the Demographic Research Unit’s (DRU) own estimated half-year migration data along with the most recent vital statistics (from the California Department of Public Health) and group quarters data obtained from several state and local sources. The DRU’s half-year migration data are calculated using the percentage of change in net migration in two consecutive years.

DATA CONSIDERATIONS

Sources. Data used in estimation models come from administrative records of numerous state and federal

departments and agencies. Timeliness and coverage in these series vary. Corrections, adjustments or estimates may be made while preparing the estimates.

Data used in estimation models come from administrative records of several state and federal government departments and agencies, and from the local jurisdictions for which Finance produces population estimates. Because timeliness and coverage in these series vary, corrections, smoothing, and other adjustments may be applied. Changes to 2010 Summary File 1 data in the classification of student housing on or near campus was necessary to remain consistent with the census group quarters definition. In only a few instances, some student housing (residence hall and apartment units) counted as household population in the census was redefined as

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group quarters student housing population. College dorm group quarters population is defined as student population living in residence halls and apartment units located on or near college campuses.

Accuracy. In general, estimates become less precise as the time from the last census increases. Data and models used to produce population estimates are subject to both measurement and non-measurement errors. This results in imperfect correlation between the data used to estimate the population and actual population change. The data and estimating models have been thoroughly tested with decennial census results that provide benchmarks for the estimates series. Data and methods are further refined and modified throughout the decade.

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MI Population Est 2018-SBCo

MEASURE I 2018 POPULATION SUMMARY PREPARED BY SAN BERNARDINO COUNTY PLANNING

(1) PERCENT PERCENT OFPLANNING DOF/CO (2) 2018 OF COUNTY

REGION 2018 ADJUSTMENT TOTAL SUBAREA TOTAL

WEST VALLEY

CHINO 86,757 86,757 5.50% 3.989%CHINO HILLS 83,159 83,159 5.27% 3.824%FONTANA 212,000 212,000 13.43% 9.747%MONTCLAIR 39,326 39,326 2.49% 1.808%ONTARIO 177,589 177,589 11.25% 8.165%RANCHO CUCAMONGA 176,671 176,671 11.19% 8.123%UPLAND 77,017 77,017 4.88% 3.541%UNINCORPORATED URBAN 43,116 (6) 43,116 2.73% 1.982%UNINCORPORATED RURAL 2,110 (7) 2,110 0.13% 0.097%

TOTAL WEST VALLEY 897,745 56.89% 41.277%

EAST VALLEY

COLTON 53,724 53,724 3.40% 2.470%GRAND TERRACE 12,524 12,524 0.79% 0.576%HIGHLAND 54,761 54,761 3.47% 2.518%LOMA LINDA 23,946 23,946 1.52% 1.101%REDLANDS 71,196 71,196 4.51% 3.273%RIALTO 107,041 107,041 6.78% 4.922%SAN BERNARDINO 221,130 221,130 14.01% 10.167%YUCAIPA 54,651 54,651 3.46% 2.513%UNINCORPORATED URBAN 78,670 (6) 78,670 4.98% 3.617%UNINCORPORATED RURAL 2,766 (7) 2,766 0.18% 0.127%

TOTAL EAST VALLEY 680,409 43.11% 31.284%

TOTAL VALLEY 1,578,154 100.00% 72.561%

ATTACHMENT B

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MOUNTAINS

BIG BEAR LAKE 5,512 5,512 10.40% 0.253%UNINCORPORATED URBAN 37,413 (6) (3) 37,413 70.60% 1.720%UNINCORPORATED RURAL 10,068 (7) (3) 10,068 19.00% 0.463%

TOTAL MOUNTAINS 52,993 100.00% 2.437%

NORTH DESERT

BARSTOW 24,411 24,411 40.97% 1.122%UNINCORPORATED URBAN 23,116 (6) 23,116 38.80% 1.063%UNINCORPORATED RURAL 12,056 (7) 12,056 20.23% 0.554%

TOTAL NORTH DESERT 59,583 100.00% 2.740%

COLORADO RIVER

NEEDLES (RURAL) 5,177 5,177 69.29% 0.238%UNINCORPORATED URBAN 0 (6) 0 0.00% 0.000%UNINCORPORATED RURAL 2,294 (7) 2,294 30.71% 0.105%

TOTAL COLORADO RIVER 7,471 100.00% 0.344%

MORONGO BASIN

TWENTYNINE PALMS 27,046 (4) 27,046 36.14% 1.244%YUCCA VALLEY 21,834 21,834 29.18% 1.004%UNINCORPORATED URBAN 6,800 (6) 6,800 9.09% 0.313%UNINCORPORATED RURAL 19,152 (7) 19,152 25.59% 0.881%

TOTAL MORONGO BASIN 74,832 100.00% 3.441%

VICTOR VALLEY

ADELANTO 35,293 (5) 35,293 8.78% 1.623%APPLE VALLEY 73,984 (5) 73,984 18.41% 3.402%HESPERIA 94,829 (5) 94,829 23.59% 4.360%VICTORVILLE 123,701 (5) 123,701 30.78% 5.688%UNINCORPORATED URBAN (3) 35,793 (6) (5) 35,793 8.91% 1.646%UNINCORPORATED RURAL (3) 38,305 (7) (5) 38,305 9.53% 1.761%

TOTAL VICTOR VALLEY 401,905 100.00% 18.479%

TOTAL DESERT 543,791

TOTAL MOUNTAIN/DESERT 596,784 27.439%

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SUMMARY:

TOTAL INCORPORATED 1,863,279 1,863,279 85.670%

TOTAL UNINCORPORATED 311,659 311,659 14.330%

TOTAL COUNTY 2,174,938 2,174,938 100.000%

(1) - CITY FIGURES FROM DOF JANUARY 1, 2018 ESTIMATES; UNINCORPORATED FIGURES FROM PLANNING DEPARTMENT ESTIMATES CONTROLLED TO DOF UNINCORPORATED TOTAL.(2) - THIS COLUMN CONTAINS ADJUSTMENTS NECESSARY TO MODIFY CITY TOTALS AS SPECIFIED IN MEASURE I.(3) - THE WRIGHTWOOD COMMUNITY AND AREAS NORTH OF LONE PINE CANYON ROAD WERE EXCLUDED FROM THE MOUNTAIN AREA AND INCLUDED IN THE VICTOR VALLEY AS SPECIFIED IN MEASURE I.(4) - THE POPULATED PORTIONS OF THE TWENTYNINE PALMS MARINE BASE HAVE BEEN ANNEXED BY THE CITY OF TWENTYNINE PALMS.(5) - WITH THE CLOSING OF GEORGE AIR FORCE BASE, THERE IS NO LONGER AN ALLOCATION OF POPULATION TO THE CITIES IN THE VICTOR VALLEY.(6) - UNINCORPORATED URBAN FIGURES FROM PLANNING DEPARTMENT ESTIMATES CONTROLLED TO DOF UNINCORPORATED TOTALS AND CALTRANS URBAN AREA BOUNDARIES.(7) - UNINCORPORATED RURAL FIGURES FROM PLANNING DEPARTMENT ESTIMATES CONTROLLED TO DOF UNINCORPORATED TOTALS AND BASED ON AREAS OUTSIDE THE CALTRANS URBAN AREA BOUNDARIE

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Measure I PopulationEst2017-SBCo




WEST VALLEY

CHINO 88,026 88,026 5.61% 4.075%CHINO HILLS 80,676 80,676 5.14% 3.735%FONTANA 212,786 212,786 13.57% 9.850%MONTCLAIR 39,122 39,122 2.49% 1.811%ONTARIO 174,283 174,283 11.11% 8.068%RANCHO CUCAMONGA 177,324 177,324 11.31% 8.208%UPLAND 76,790 76,790 4.90% 3.555%UNINCORPORATED URBAN 43,566 (6) 43,566 2.78% 2.017%UNINCORPORATED RURAL 1,266 (7) 1,266 0.08% 0.059%

TOTAL WEST VALLEY 893,839 57.00% 41.377%

EAST VALLEY

COLTON 53,879 53,879 3.44% 2.494%GRAND TERRACE 12,435 12,435 0.79% 0.576%HIGHLAND 54,377 54,377 3.47% 2.517%LOMA LINDA 24,528 24,528 1.56% 1.135%REDLANDS 69,851 69,851 4.45% 3.233%RIALTO 106,528 106,528 6.79% 4.931%SAN BERNARDINO 216,972 216,972 13.84% 10.044%YUCAIPA 54,324 54,324 3.46% 2.515%UNINCORPORATED URBAN 78,832 (6) 78,832 5.03% 3.649%UNINCORPORATED RURAL 2,518 (7) 2,518 0.16% 0.117%

TOTAL EAST VALLEY 674,244 43.00% 31.211%

TOTAL VALLEY 1,568,083 100.00% 72.588%

ATTACHMENT C

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MOUNTAINS

BIG BEAR LAKE 5,047 5,047 9.73% 0.234%UNINCORPORATED URBAN 37,344 (6) (3) 37,344 71.96% 1.729%UNINCORPORATED RURAL 9,505 (7) (3) 9,505 18.32% 0.440%

TOTAL MOUNTAINS 51,896 100.00% 2.402%

NORTH DESERT

BARSTOW 24,248 24,248 41.18% 1.122%UNINCORPORATED URBAN 22,933 (6) 22,933 38.95% 1.062%UNINCORPORATED RURAL 11,697 (7) 11,697 19.87% 0.541%

TOTAL NORTH DESERT 58,878 100.00% 2.726%

COLORADO RIVER

NEEDLES (RURAL) 5,044 5,044 69.03% 0.233%UNINCORPORATED URBAN 0 (6) 0 0.00% 0.000%UNINCORPORATED RURAL 2,263 (7) 2,263 30.97% 0.105%

TOTAL COLORADO RIVER 7,307 100.00% 0.338%

MORONGO BASIN

TWENTYNINE PALMS 26,919 (4) 26,919 36.21% 1.246%YUCCA VALLEY 21,519 21,519 28.95% 0.996%UNINCORPORATED URBAN 6,833 (6) 6,833 9.19% 0.316%UNINCORPORATED RURAL 19,067 (7) 19,067 25.65% 0.883%

TOTAL MORONGO BASIN 74,338 100.00% 3.441%

VICTOR VALLEY

ADELANTO 34,273 (5) 34,273 8.57% 1.587%APPLE VALLEY 74,701 (5) 74,701 18.69% 3.458%HESPERIA 94,133 (5) 94,133 23.55% 4.357%VICTORVILLE 123,565 (5) 123,565 30.91% 5.720%UNINCORPORATED URBAN (3) 34,933 (6) (5) 34,933 8.74% 1.617%UNINCORPORATED RURAL (3) 38,149 (7) (5) 38,149 9.54% 1.766%

TOTAL VICTOR VALLEY 399,754 100.00% 18.505%

TOTAL DESERT 540,277

TOTAL MOUNTAIN/DESERT 592,173 27.412%

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SUMMARY:

TOTAL INCORPORATED 1,851,350 1,851,350 85.700%

TOTAL UNINCORPORATED 308,906 308,906 14.300%

TOTAL COUNTY 2,160,256 2,160,256 100.000%

(1) - CITY FIGURES FROM DOF JANUARY 1, 2017 ESTIMATES; UNINCORPORATED FIGURES FROM PLANNING DEPARTMENT ESTIMATES CONTROLLED TO DOF UNINCORPORATED TOTAL.(2) - THIS COLUMN CONTAINS ADJUSTMENTS NECESSARY TO MODIFY CITY TOTALS AS SPECIFIED IN MEASURE I.(3) - THE WRIGHTWOOD COMMUNITY AND AREAS NORTH OF LONE PINE CANYON ROAD WERE EXCLUDED FROM THE MOUNTAIN AREA AND INCLUDED IN THE VICTOR VALLEY AS SPECIFIED IN MEASURE I.(4) - THE POPULATED PORTIONS OF THE TWENTYNINE PALMS MARINE BASE HAVE BEEN ANNEXED BY THE CITY OF TWENTYNINE PALMS.(5) - WITH THE CLOSING OF GEORGE AIR FORCE BASE, THERE IS NO LONGER AN ALLOCATION OF POPULATION TO THE CITIES IN THE VICTOR VALLEY.(6) - UNINCORPORATED URBAN FIGURES FROM PLANNING DEPARTMENT ESTIMATES CONTROLLED TO DOF UNINCORPORATED TOTALS AND CALTRANS URBAN AREA BOUNDARIES.(7) - UNINCORPORATED RURAL FIGURES FROM PLANNING DEPARTMENT ESTIMATES CONTROLLED TO DOF UNINCORPORATED TOTALS AND BASED ON AREAS OUTSIDE THE CALTRANS URBAN AREA BOUNDARIES.

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GPC-Attendance 2017.docx 1 of 1

GENERAL POLICY COMMITTEE ATTENDANCE RECORD – 2018

Name Jan Feb March April May June July Aug Sept Oct Nov Dec Robert Lovingood Board of Supervisors X X X

James Ramos Board of Supervisors

X X X X Curt Hagman Board of Supervisors

X X X X X

Bill Jahn City of Big Bear Lake

X X

Frank Navarro City of Colton

X X X X X

Acquanetta Warren City of Fontana X X X

Darcy McNaboe City of Grand Terrace

X X X X X

Bill Holland City of Hesperia

X X X

Larry McCallon City of Highland

X X X X

Alan Wapner City of Ontario X X X

L. Dennis Michael City of Rancho Cucamonga

X X X X

Joel Klink City of Twentynine Palms

X X X X X

X =Member attended meeting. Empty box = Member did not attend meeting. Crossed out box = Not a member at the time. ** =The General Policy Committee did not meet this month

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3/16/17 Acronym List 1 of 2

This list provides information on acronyms commonly used by transportation planning professionals. This information is provided in an effort to assist Board Members and partners as they participate in deliberations at Board meetings. While a complete list of all acronyms which may arise at any given time is not possible, this list attempts to provide the most commonly-used terms. Staff makes every effort to minimize use of acronyms to ensure good communication and understanding of complex transportation processes.

AB Assembly Bill ACE Alameda Corridor East ACT Association for Commuter Transportation ADA Americans with Disabilities Act ADT Average Daily Traffic APTA American Public Transportation Association AQMP Air Quality Management Plan ARRA American Recovery and Reinvestment Act ATMIS Advanced Transportation Management Information Systems BAT Barstow Area Transit CALACT California Association for Coordination Transportation CALCOG California Association of Councils of Governments CALSAFE California Committee for Service Authorities for Freeway Emergencies CARB California Air Resources Board CEQA California Environmental Quality Act CMAQ Congestion Mitigation and Air Quality CMIA Corridor Mobility Improvement Account CMP Congestion Management Program CNG Compressed Natural Gas COG Council of Governments CPUC California Public Utilities Commission CSAC California State Association of Counties CTA California Transit Association CTC California Transportation Commission CTC County Transportation Commission CTP Comprehensive Transportation Plan DBE Disadvantaged Business Enterprise DEMO Federal Demonstration Funds DOT Department of Transportation EA Environmental Assessment E&D Elderly and Disabled E&H Elderly and Handicapped EIR Environmental Impact Report (California) EIS Environmental Impact Statement (Federal) EPA Environmental Protection Agency FHWA Federal Highway Administration FSP Freeway Service Patrol FRA Federal Railroad Administration FTA Federal Transit Administration FTIP Federal Transportation Improvement Program GFOA Government Finance Officers Association GIS Geographic Information Systems HOV High-Occupancy Vehicle ICTC Interstate Clean Transportation Corridor IEEP Inland Empire Economic Partnership ISTEA Intermodal Surface Transportation Efficiency Act of 1991 IIP/ITIP Interregional Transportation Improvement Program ITS Intelligent Transportation Systems IVDA Inland Valley Development Agency JARC Job Access Reverse Commute LACMTA Los Angeles County Metropolitan Transportation Authority LNG Liquefied Natural Gas LTF Local Transportation Funds

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3/16/17 Acronym List 2 of 2

MAGLEV Magnetic Levitation MARTA Mountain Area Regional Transportation Authority MBTA Morongo Basin Transit Authority MDAB Mojave Desert Air Basin MDAQMD Mojave Desert Air Quality Management District MOU Memorandum of Understanding MPO Metropolitan Planning Organization MSRC Mobile Source Air Pollution Reduction Review Committee NAT Needles Area Transit NEPA National Environmental Policy Act OA Obligation Authority OCTA Orange County Transportation Authority PA&ED Project Approval and Environmental Document PASTACC Public and Specialized Transportation Advisory and Coordinating Council PDT Project Development Team PNRS Projects of National and Regional Significance PPM Planning, Programming and Monitoring Funds PSE Plans, Specifications and Estimates PSR Project Study Report PTA Public Transportation Account PTC Positive Train Control PTMISEA Public Transportation Modernization, Improvement and Service Enhancement Account RCTC Riverside County Transportation Commission RDA Redevelopment Agency RFP Request for Proposal RIP Regional Improvement Program RSTIS Regionally Significant Transportation Investment Study RTIP Regional Transportation Improvement Program RTP Regional Transportation Plan RTPA Regional Transportation Planning Agencies SB Senate Bill SAFE Service Authority for Freeway Emergencies SAFETEA-LU Safe Accountable Flexible Efficient Transportation Equity Act – A Legacy for Users SCAB South Coast Air Basin SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SCRRA Southern California Regional Rail Authority SHA State Highway Account SHOPP State Highway Operations and Protection Program SOV Single-Occupant Vehicle SRTP Short Range Transit Plan STAF State Transit Assistance Funds STIP State Transportation Improvement Program STP Surface Transportation Program TAC Technical Advisory Committee TCIF Trade Corridor Improvement Fund TCM Transportation Control Measure TCRP Traffic Congestion Relief Program TDA Transportation Development Act TEA Transportation Enhancement Activities TEA-21 Transportation Equity Act for the 21

st Century

TMC Transportation Management Center TMEE Traffic Management and Environmental Enhancement TSM Transportation Systems Management TSSDRA Transit System Safety, Security and Disaster Response Account USFWS United States Fish and Wildlife Service VCTC Ventura County Transportation Commission VVTA Victor Valley Transit Authority WRCOG Western Riverside Council of Governments

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mission.doc

San Bernardino Associated Governments

MISSION STATEMENT

To enhance the quality of life for all residents, San Bernardino Associated Governments (SANBAG) will: - Improve cooperative regional planning - Develop an accessible, efficient, multi-modal transportation system - Strengthen economic development efforts - Exert leadership in creative problem solving To successfully accomplish this mission, SANBAG will foster enhanced relationships among all of its stakeholders while adding to the value of local governments.

Approved June 2, 1993 Reaffirmed March 6, 1996

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Agenda - Wednesday, June 13, 2018gosbcta.com/about-sbcta/agendas/2018/06-18-GPC.pdf · Mt./Desert...

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