Board of Directors Meeting November 7, 2018 10:00 a.m. · acquiring interests in real property for...

AGENDA

Board of Directors Meeting

November 7, 2018

10:00 a.m.

LOCATION

San Bernardino County Transportation Authority

Santa Fe Depot – First Floor Lobby Board Room

1170 W. 3rd Street, San Bernardino, CA

Board of Directors

President

James Ramos, Supervisor

County of San Bernardino

Vice-President

Darcy McNaboe, Mayor

City of Grand Terrace

Rich Kerr, Mayor

City of Adelanto

Curt Emick, Council Member

Town of Apple Valley

Julie McIntyre, Mayor

City of Barstow

Bill Jahn, Council Member

City of Big Bear Lake

Eunice Ulloa, Mayor

City of Chino

Ray Marquez, Council Member

City of Chino Hills

Frank Navarro, Council Member

City of Colton

Acquanetta Warren, Mayor

City of Fontana

Bill Holland, Mayor

City of Hesperia

Larry McCallon, Mayor

City of Highland

Rhodes “Dusty” Rigsby, Mayor

City of Loma Linda

John Dutrey, Council Member

City of Montclair

Edward Paget, Mayor

City of Needles

Alan Wapner, Mayor Pro Tem

City of Ontario

L. Dennis Michael, Mayor

City of Rancho Cucamonga

Toni Momberger, (Alternate)

City of Redlands

Deborah Robertson, Mayor

City of Rialto

R. Carey Davis, Mayor

City of San Bernardino

Joel Klink, Council Member

City of Twentynine Palms

Debbie Stone, Mayor

City of Upland

Jim Kennedy, Council Member

City of Victorville

David Avila, Council Member

City of Yucaipa

Rick Denison, Mayor

Town of Yucca Valley

Robert Lovingood, Supervisor


Janice Rutherford, Supervisor


Curt Hagman, Supervisor


Josie Gonzales, Supervisor


Janice Benton, Caltrans

Ex-Officio Member

Ray Wolfe, Executive Director

Eileen Teichert, General Counsel


San Bernardino Council of Governments

AGENDA

Board of Directors

November 7, 2018

10:00 a.m.

1170 W. 3rd

Street, 1st Floor Lobby Board Room, San Bernardino, CA

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

Calendar of Events

iv. Agenda Notices/Modifications

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 abstentionsdue to possible conflicts of interest.

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

CONSENT CALENDAR

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

items have been discussed at Policy Committee meetings and made available for public review

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

the Consent Calendar may be removed for discussion by Board Member Request. Items pulled

from the consent calendar will be brought up immediately following the vote on the Consent

Calendar.

Consent - Administrative Matters

2. September 2018 Procurement Report

Receive the September 2018 Procurement Report.

Presenter: Hilda Flores

This item was received by the General Policy Committee on October 10, 2018.

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3. Measure I Revenue

Receive and file the Measure I receipts for Measure I 2010-2040.



4. Budget to Actual Report for Fourth Quarter Ending June 30, 2018

Receive and file Budget to Actual Report for the fourth quarter ending June 30, 2018.



5. Fiscal Year 2018/2019 Initiatives and Action Plan - First Quarter Report

Receive the Fiscal Year 2018/2019 Initiatives and Action Plan - First Quarter Report.

Presenter: Raymond Wolfe


Consent - Council of Governments

6. State and Federal Legislative Update

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

Presenter: Otis Greer


Consent - Transportation Programming and Fund Administration

7. Agreement No. 19-1002010 Regarding Omnitrans Transit District Legislation

That the Board, acting as the San Bernardino County Transportation Authority:

A. Approve Agreement No. 19-1002010, a Memorandum of Understanding regarding

Omnitrans Transit District Legislation, with Omnitrans in substantially the form attached,

upon approval as to form by San Bernardino County Transportation Authority (SBCTA)

General Counsel.

B. Direct staff to coordinate with Omnitrans to secure enactment of the legislation

establishing Omnitrans as a Transit District.

Presenter: Andrea Zureick

This item was reviewed and unanimously recommended for approval by the General

Policy Committee on October 10, 2018. SBCTA General Counsel and Procurement

Manager have reviewed this item.

8. South Milliken Grade Separation Project Funding Agreement Amendment No. 1 and

Transfer of Measure-I Savings


A. Approve a transfer of Measure I savings from the South Milliken Grade Separation

Project (Project) to the Monte Vista Grade Separation Project in the amount of $3.9 million

to backfill reduced availability of Federal Projects of National and Regional Significance

grant funds.

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B. Approve Amendment No. 1 to Funding Agreement No. 17-1001620 (Agreement) with

the City of Ontario for the South Milliken Grade Separation Project, which incorporates the

Project Approval & Environmental Document (PA&ED), Plans, Specifications & Estimates

(PS&E), Right of Way and Construction Phases of the Project into the Agreement, and

supersedes and replaces Contract Nos. C08192, C10093, C14059, C11167 and C13104 and

their respective amendments.

Presenter: Andrea Zureick

This item was reviewed and recommended for approval (9-0-0) without a quorum of the

Board present at the Board of Directors Metro Valley Study Session on

October 11, 2018. This item and the draft amendment have been reviewed by General

Counsel.

Consent Calendar Items Pulled for Discussion

Items removed from the Consent Calendar shall be taken under this item in the order

they were presented on the agenda.

DISCUSSION ITEMS

Discussion - Project Delivery

9. Hearings to Consider Resolutions of Necessity for Property Interests for the Archibald

Avenue Improvement Project


A. Conduct public hearings to consider condemnation of interests in real property required

for the Archibald Avenue Improvement Project.

B. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of

Necessity No. 19-011 authorizing and directing General Counsel, or her designees, to

prepare, commence, and prosecute proceedings in eminent domain for the purpose of

acquiring interests in real property from: Patel & Joshi Hospitality Corp., a California Sub-

Chapter S Corporation incorporated the 15th

day of September, 2005 (Assessor’s Parcel

Number [APN] 1083-071-26) (hereinafter “Hospitality Property”). The Resolution must be

approved by at least a two-thirds majority; and

C. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of



acquiring interests in real property from: McDonald’s USA, LLC, a Delaware Limited

Liability Company, formerly known as Golden Arch Limited Partnership, a cancelled

Delaware limited partnership (APN 1083-071-10) (hereinafter “McDonald’s Property”). The

Resolution must be approved by at least a two-thirds majority; and

D. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of



acquiring interests in real property from: Denny’s Realty Inc., a Delaware corporation and/or

Denny’s Inc. (APN 1083-071-04) (hereinafter “Denny’s Property”). The Resolution must be

approved by at least a two-thirds majority; and

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E. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of



acquiring interests in real property from: Kuzina Development, LLC, a California Limited

Liability Company (APN 1083-011-01) (hereinafter “Kuzina Property”). The Resolution

must be approved by at least a two-thirds majority; and

F. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of



acquiring interests in real property from: Shil Kyoung Park and Minah Park, as Trustees of

the Shil Park and Minah Park Living Trust dated March 29, 2005 (APN 1083-071-14)

(hereinafter “Park Property”). The Resolution must be approved by at least a two-thirds

majority; and

G. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of



acquiring an interest in real property from: Gary K. Malkhasian and Anna M. Malkhasian,

husband and wife, as community property with right of survivorship, as to an undivided

50.00% interest and Andrew S. Malkhasian and Jean Ann Malkhasian, husband and wife, as

community property with right of survivorship, as to an undivided 50.00% interest (APN

1083-011-05) (hereinafter “Malkhasian Property”). The Resolution must be approved by at

least a two-thirds majority.

Presenter: Timothy Byrne

This item was reviewed and recommended (9-0-0) to proceed to Hearings of Resolutions

of Necessity by the Board of Directors without a quorum of the Board present at the

Board of Directors Metro Valley Study Session on October 11, 2018. SBCTA General

Counsel has reviewed this item and the draft resolutions.

10. Hearing to Consider a Resolution of Necessity for Property Interests in the City of

Ontario for the Interstate 10 Corridor Contract 1 Project


A. Conduct a public hearing to consider condemnation of interests in real property in the

City of Ontario required for the Interstate 10 (I-10) Corridor Contract 1 Project (the

“Project”).




acquiring interests in real property for the Project from: LBA RV-Company I, LP (APN

0210-212-47) (hereinafter “LBA RV-Company Property”). The Resolution must be

approved by at least a two-thirds majority.

Presenter: Paula Beauchamp

This item was reviewed and recommended (7-1-0; Opposed: Rutherford) to proceed to

Hearings of Resolutions of Necessity by the Board of Directors without a quorum of the

Board present at the Board of Directors Metro Valley Study Session on

October 11, 2018. SBCTA General Counsel has reviewed this item and the draft

resolution.

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Discussion - Transit

11. RPRP: Reject and Re-Advertise Construction Contract for Rail Storage and

Maintenance Facility


A. Reject all bids received for Construction Contract No. 18-1001882; the Redlands

Passenger Rail Project (RPRP) Rail Storage and Maintenance Facility (RSMF).

B. Authorize the Executive Director or designee to release Invitation for Bids (IFB)

No. 19-1002070 for construction of the RSMF, upon General Counsel’s approval as to form.

Presenter: Andres Ramirez

This item has not received prior policy committee or technical advisory committee

review. SBCTA General Counsel and Procurement Manager have reviewed this item

only, not the IFB. The IFB will be reviewed by SBCTA General Counsel and

Procurement Manager prior to advertisement.

Discussion - Council of Governments

12. Generation Go Initiative and Career Pathways

Receive the presentation on the Generation Go! Career Pathways Initiative and provide

direction to staff as appropriate.

Presenter: Monique Reza-Arellano

This item has not received prior policy committee or technical advisory committee

review.

Public Comment

Brief Comments from the General Public

Comments from Board Members

Brief Comments from Board Members

Executive Director's Comments

Brief Comments from the Executive Director

ADJOURNMENT

Additional Information

Attendance

Acronym List

Agency Reports

Mobile Source Air Pollution Reduction Review Committee Agency Report

Committee Membership

Representatives on SCAG Committees

Appointments to External Agencies

Committee Membership

Mission Statement

Mission Statement

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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 SBCTA 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.

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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!

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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.

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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

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Important Dates to Remember…

November 2018

SBCTA Offices will be CLOSED:

o Monday, November 12, 2018, for Veterans Day.

o Thursday & Friday, November 22nd & 23rd, for the Thanksgiving Holiday.

For additional information, please call SBCTA at (909) 884-8276.

Meetings – Scheduled:

General Policy Committee Nov 14 9:00 am SBCTA Lobby,

1st Floor

Transit Committee Meeting Nov 15 9:00 am SBCTA Lobby,

1st Floor

Metro Valley Study Session Nov 15 9:30 am SBCTA Lobby,

1st Floor

1-10/I-15 Corridor Joint Sub-Committee Nov 15 10:00 am SBCTA Lobby,

1st Floor

Mountain/Desert Committee Nov 16 9:30 am Mojave Desert

AQMD

Other Meetings/Events:

None

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

Authority

Minute Action

AGENDA ITEM: 1

Date: November 7, 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. Principals & Agents

9 Patel & Joshi Hospitality Corp

McDonald’s USA, LLC formerly known as Golden Arch Limited Partnership

Denny’s Realty Inc.

Kuzina Development, LLC

Shil Park and Minah Park Living Trust dated March 29, 2005

Shil Kyoung Park and Minah Park

Gary K. Malkhasian and Anna M. Malkhasian

Andrew S. Malkhasian and Jean Ann Malkhasian

10 LBA RV-Company I, LP

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:

Approved

Board of Directors


Witnessed By:

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Authority

Minute Action

AGENDA ITEM: 2


Subject:

September 2018 Procurement Report

Recommendation:

Receive the September 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; d) amendments that cumulatively do

not exceed 50% of the original contract value or $100,000, whichever is less; and e) release

Request for Proposals (RFP), Request for Qualifications (RFQ) and Invitation for Bids (IFB) for

proposed contracts from which funding has been approved in the Annual Budget, and 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

September 2018 is presented herein as Attachment A, and all RFPs and IFBs are presented as

Attachment B.

Financial Impact:

This item is consistent with the Fiscal Year 2018/2019 Budget. Presentation of the monthly

procurement report demonstrates compliance with the Contracting and Procurement Policy.

Reviewed By:


Responsible Staff:

Hilda Flores, Chief Financial Officer

Approved

Board of Directors


Witnessed By:

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Attachment A

September 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

September 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

16-1001374

Amendment 1

Amendment to extend

the termination date to

November 30, 2020.

Project: Park

Boulevard Funding

Agreement

County of San

Bernardino

Original

$1,411,000.00

$0.00 $1,411,000.00

16-1001512

Amendment 6

Amendment to

increase the not to

exceed amount for

preliminary aesthetics

and landscaping work.

Project: Design

contract for Mt.

Vernon Viaduct

AECOM

Technical

Services, Inc.

Original,

Amendment 1,

2 and 3 were

between City of

San Bernardino

and AECOM

SBCTA

Assumed the

contract

Amendment 4

$707,194.05

Amendment 5

$646,619.95

$45,666.09 $1,399,480.09

C13003

Amendment 2

Amendment to extend


August 1, 2021.

Project: Construction

Zone Enhanced

Enforcement Program

California

Highway

Patrol

Original

$3,000,000.00

Amendment 1

$0.00

$0.00 $3,000,000.00

C13074

Amendment 1

Amendment to extend


March 31, 2019.

Project: Construction

Management Services

for I-10 Riverside

Landscape

Maintenance Project

Vali Cooper

Associates

Original

$205,000.00

$0.00 $205,000.00

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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

C14045

Amendment 1

Amendment to

increase the not-to-

exceed amount for

structural design of

retaining walls, gore,

limit lane, ADA fact

sheet and ramp plans.

Project: Engineering

Services for the SR 60

Central Avenue

Interchange

AECOM

Technical

Services, Inc.

Original

$2,012,549.64

$99,906.00 $2,112,455.64

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Attachment A

September 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

C12242

CTO 18

Amendment 1

Added eminent domain

support activities on the

SR 60 Central Avenue

Interchange.

Epic Land

Solutions

$6,000,000.00

shared with

HDR

Engineering

(C12243)

and Overland,

Pacific &

Cutler

(C12244)

Various CTOs

totaling

$85,163.43

not including

CTO 18

Original

$121,753.00

Amendment 1

$17,271.60

Total

$139,024.60

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Attachment A

September Purchase Order Actions

Purchase Orders:

PO No.

PO Issue

Date Vendor Name Description of Services

PO Dollar

Amount

4001833 9/6/18 Virtual Graffiti,

Inc.

Cloud storage for sever backups and disaster

recovery services.

$16,775.00

4001841 9/26/18 LACMTA Regional Rideshare marketing and Guaranteed

Ride Home program.

$18,566.00

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Attachment A

September 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

None

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Attachment B

September 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

9/18/18 RFP 19-1002006 Bank Credit

Services

$0.00 January

2019

Bank Credit

Services for

Measure I

Commercial Paper

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Entity: San Bernardino County Transportation Authority

Minute Action

AGENDA ITEM: 3


Subject:

Measure I Revenue

Recommendation:

Receive and file the Measure I receipts for Measure I 2010-2040.

Background:

Sales tax revenue collections for Measure I 2010 through 2040 began on April 1, 2010.

Cumulative total receipts for Fiscal Year 2018/2019 as of September 30, 2018 were

$1,218,419,213.

Included is a summary of the current Measure I receipts by quarter and cumulative total since its

inception. The quarterly receipts represent sales tax collection from the previous quarter taxable

sales. For example, receipts for July through September represent sales tax collections from

April through June.

Measure I revenue for the 2018/2019 Fiscal Year budget was estimated to be $162,800,000.

Actual Measure I receipts for Fiscal Year 2018/2019 July through September are $41,560,547, in

comparison to $43,117,814 received during the quarter ending September 2017/2018, with a

decrease of 3.61%. The decrease is mainly due to overpayment of sales tax from certain retailers

that the California Department of Tax and Fee Administration withdrew from San Bernardino

County Transportation Authority (SBCTA) during the first quarter of 2018/2019.

Financial Impact:

Measure I revenues for the first quarter of Fiscal Year 2018/2019 exceeded both the budgeted

amount and most prior years’ collections.

Reviewed By:


Responsible Staff:


Approved

Board of Directors


Witnessed By:

3

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Fiscal Year

July-

September

October-

December

January-

March April- June

Fiscal Year

Total

Cumulative Total

To Date

Receipts Prior to FY 2010/11 $7,158,800

Fiscal Year 2010/11 28,188,907 29,207,950 28,808,766 29,397,456 115,603,079 $122,761,879

Fiscal Year 2011/12 31,027,319 33,547,956 32,757,419 33,476,051 130,808,745 $253,570,624

Fiscal Year 2012/13 34,279,449 35,076,980 34,336,570 34,309,171 138,002,171 $391,572,794

Fiscal Year 2013/14 35,430,012 35,403,641 36,843,452 35,789,045 143,466,150 $535,038,944

Fiscal Year 2014/15 37,253,007 38,007,716 38,225,122 37,132,591 150,618,437 $685,657,380

Fiscal Year 2015/16 39,298,056 40,309,825 40,950,261 38,929,588 159,487,730 $845,145,110

Fiscal Year 2016/17 41,123,141 40,742,242 41,465,217 39,801,939 163,132,539 $1,008,277,649

Fiscal Year 2017/18 43,117,814 42,305,693 44,007,900 39,149,611 168,581,018 $1,176,858,666

Fiscal Year 2018/19 41,560,547 0 0 0 41,560,547 $1,218,419,213

% Increase Over 17/18 -3.61% -100.00% -100.00% -100.00% -75.35%

Summary of SBCTA Measure I Receipts 2010-2040

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Authority

Minute Action

AGENDA ITEM: 4


Subject:

Budget to Actual Report for Fourth Quarter Ending June 30, 2018

Recommendation:

Receive and file Budget to Actual Report for the fourth quarter ending June 30, 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 and task activity compared to Budget based on the

new string structure implemented in Fiscal Year 2017/2018.

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

and expenditures, and percentage of the budget remaining through June 30, 2018.

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

General Fund

A. Revenues:

1. Actual Measure I Sales Tax revenue resulted higher than budget.

2. Charges for Services – Right of Way lease and administrative revenues were lower than

budget, as revenue fluctuates based on demand.

3. 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 were low and can be due to timing of capital expenditures, which can take

several years.

C. Other Financing Sources:

1. Operating transfers in represent revenues transferred from Local Transportation Funds

(LTF) and State Transit Assistance Funds (STAF).

Federal Highway Fund

A. Revenues:

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

reimbursement basis.

B. Expenditures:


several years.

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Board of Directors Agenda Item

November 7, 2018

Page 2




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

development process. The amount represents a change in funding sources. The budgeted

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 were 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 Project Delivery Department were low mainly due to timing of

capital expenditures.



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

transfer out of $1.5 million reduces the need to use Measure I funds as a state highway

grant was secured to cover capital project expenditures.

Proposition 1B Fund

A. Revenues:

1. The revenue ended 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:


several years.



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

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November 7, 2018

Page 3



Local Transportation Fund (LTF)

A. Revenues:

1. Actual LTF revenue resulted higher than budget.

2. Investments earnings are not budgeted.

B. Expenditures:

1. Expenditures were lower than budget.

State Transit Assistance Fund (STAF)

A. Revenues:

1. Actual STAF revenue resulted higher than budgeted, partially due to the implementation

of Senate Bill 1.


B. Expenditures:

1. Expenditures were lower than budget.

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:


several years.



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

Measure I 2010-2040 Fund

A. Revenues:

1. Actual Measure I Sales Tax revenue resulted higher than budget.

2. Investments earnings were higher than budget.

B. Expenditures:

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

take several years.



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

$22.8 million reduces the need to use Measure I funds since grants or other funding

sources were secured to cover the expenditures.

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November 7, 2018

Page 4



Capital Projects Fund

A. Revenues:

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



3. Miscellaneous revenue was lower than budget.

B. Expenditures:


several years.


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

development. The amounts represent a change in funding sources. The net decrease of

$20.2 million reduces the need to use Measure I funds since grants or other funding

sources were secured to cover the expenditures.

Nonmajor Governmental Fund

A. Revenues:

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


B. Expenditures:

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

take several years.

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 was not required as the Toll Administrator position has not been filled.

B. Expenditures:

1. No expenditures incurred to date.

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November 7, 2018

Page 5



Financial Impact:

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

on the Fiscal Year 2018/2019 Budget.

Reviewed By:


Responsible Staff:


Approved

Board of Directors


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 FUNDRevenuesSales Tax-MSI 1,609,750 (181,369) 1,428,381 1,629,451 - (201,070) -14.08%Intergovernmental - - - 11,000 - (11,000) 0.00%Charges for Services 462,932 663,353 1,126,285 671,639 - 454,646 40.37%Investment Earnings - - - 157,434 - (157,434) 0.00%

Miscellaneous - 361 361 263 - 98 27.15%

Total Revenues 2,072,682 482,345 2,555,027 2,469,787 - 85,240 3.34%

ExpendituresGeneral Government 3,278,643 452,327 3,730,970 2,006,305 - 1,724,665 46.23%Regional & Subregional Planning 1,393,665 625 1,394,290 885,591 - 508,699 36.48%Transit 48,349,339 5,637,088 53,986,427 33,764,371 - 20,222,056 37.46%Project Delivery 144,415 - 144,415 - - 144,415 100.00%

Fund Administration and Programming 468,104 13,652 481,756 456,785 - 24,971 5.18%

Total Expenditures 53,634,166 6,103,692 59,737,858 37,113,052 - 22,624,806 37.87%

Other Financing Sources

Transfers in (34,423,507) 908,396 (33,515,111) (35,706,757) - 2,191,646 106.54%

Transfers out - 45,657 45,657 45,654 - 3 0.01%

Total Other Financing Sources (34,423,507) 954,053 (33,469,454) (35,661,103) - 2,191,649 -6.55%

Revenues Over (Under) Expenditures (17,137,977) (6,575,400) (23,713,377) 1,017,838 - (24,731,215)

Note: Transfers in include LTF and STA revenue.

FEDERAL HIGHWAY FUNDRevenuesIntergovernmental 68,906,119 - 68,906,119 36,053,753 - 32,852,366 47.68%

Investment Earnings - - - 8,351 - (8,351) 0.00%

Total Revenues 68,906,119 - 68,906,119 36,062,104 - 32,844,015 47.66%

ExpendituresCommuter and Motorist Assistance 1,420,176 - 1,420,176 1,338,264 - 81,912 5.77%

Project Delivery 67,485,943 (1,555,259) 65,930,684 35,869,227 - 30,061,457 0.00%

Total Expenditures 68,906,119 (1,555,259) 67,350,860 37,207,491 - 30,143,369 44.76%


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

Gain (loss) on sale of Assets - - - (40,424) - 40,424 0.00%

Total Other Financing Sources - 1,555,259 1,555,259 1,595,683 - (40,424) 0.00%

Revenues Over (Under) Expenditures - - - (2,741,070) - 2,741,070

FEDERAL TRANSIT ADMINISTRATION FUNDRevenues

Intergovernmental 2,244,300 (360,000) 1,884,300 719,867 - 1,164,433 61.80%

Total Revenues 2,244,300 (360,000) 1,884,300 719,867 - 1,164,433 61.80%

ExpendituresCommuter and Motorist Assistance 1,634,300 - 1,634,300 468,819 - 1,165,481 71.31%

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

Total Expenditures 2,244,300 (360,000) 1,884,300 468,819 - 1,415,481 75.12%

Revenues Over (Under) Expenditures - - - 251,048 - (251,048)

Fourth Quarter Budget to Actual Report

Fiscal Year 2017-2018

June 30, 2018

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Original

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2017-2018

Revised

Budget

Actual Revenues

& Expenditures


% of Budget

Remaining



June 30, 2018

STATE HIGHWAY FUNDRevenuesIntergovernmental 5,885,000 3,298,941 9,183,941 3,107,103 - 6,076,838 66.17%


Total Revenues 5,885,000 3,298,941 9,183,941 3,147,489 - 6,036,452 65.73%

ExpendituresRegional & Subregional Planning - 35,292 35,292 35,292 - 0.00%Project Delivery 4,615,000 1,801,174 6,416,174 1,126,699 - 5,289,475 82.44%

Fund Administration and Programming 1,270,000 (35,292) 1,234,708 1,234,708 - - 0.00%



Transfers out - 1,497,767 1,497,767 1,497,766 - - 0.00%

Total Other Financing Sources - 1,497,767 1,497,767 1,497,766 - 1 0.00%

Revenues Over (Under) Expenditures - - - (746,976) - 746,976

PROPOSITION 1B FUNDRevenuesIntergovernmental 2,231,837 447,593 2,679,430 4,621,654 - (1,942,224) -72.49%

Investment Earnings - 214,997 214,997 269,524 - (54,527) -25.36%

Total Revenues 2,231,837 662,590 2,894,427 4,891,178 - (1,996,751) -68.99%

ExpendituresTransit 1,004,837 5,200,140 6,204,977 3,410,802 - 2,794,175 45.03%

Project Delivery 2,231,837 (10,460) 2,221,377 531,592 - 1,689,785 76.07%



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) (4,527,450) (5,532,287) 959,895 - (6,492,182)

LOCAL TRANSPORTATION FUND

Revenues

Sales Tax-LTF 62,095,552 - 62,095,552 95,064,513 - (32,968,961) -53.09%


Total Revenues 62,095,552 - 62,095,552 95,749,448 - (33,653,896) -54.20%

Expenditures

Transit 86,700,000 5,604,205 92,304,205 74,173,360 - 18,130,845 19.64%



Transfers out - 27,508,269 27,508,269 27,508,269 - - 0.00%

Total Other Financing Sources - 27,508,269 27,508,269 27,508,269 - - 0.00%

Revenues Over (Under) Expenditures (24,604,448) (33,112,474) (57,716,922) (5,932,181) - (51,784,741)

STATE TRANSIT ASSISTANCE FUND

Revenues

Intergovernmental 9,791,716 - 9,791,716 19,380,882 - (9,589,166) -97.93%


Total Revenues 9,791,716 - 9,791,716 19,889,309 - (10,097,593) 103.12%

Expenditures

Transit 15,607,550 (8,217,264) 7,390,286 5,169,442 - 2,220,844 30.05%



Transfers out - 8,053,042 8,053,042 8,053,042 - - 100.00%

Total Other Financing Sources - 8,053,042 8,053,042 8,053,042 - - 100.00%

Revenues Over (Under) Expenditures (5,815,834) 164,222 (5,651,612) 6,666,825 - (12,318,437)

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2017-2018

Revised

Budget

Actual Revenues

& Expenditures


% of Budget

Remaining



June 30, 2018

MEASURE I 1990-2010 FUNDRevenues

Investment Earnings 30,000 - 30,000 87,420 - (57,420) -191.40%

Total Revenues 30,000 - 30,000 87,420 - (57,420) -191.40%

Expenditures

Project Delivery 8,814,125 117,720 8,931,845 3,133,788 - 5,798,057 64.91%

Total Expenditures 8,814,125 117,720 8,931,845 3,133,788 - 5,798,057 0.00%


Transfers in - - - (43,544) - 43,544 0.00%

Gain (loss) from Sale of Assets - - - (7,123) - 7,123 0.00%

Total Other Financing Sources - - - (36,421) - 36,421 0.00%

Revenues Over (Under) Expenditures (8,784,125) (117,720) (8,901,845) (3,009,947) - (5,891,898)

MEASURE I 2010-2040 FUNDRevenuesSales Tax-MSI 159,365,250 (841,534) 158,523,716 161,315,622 - (2,791,906) -1.76%

Investment Earnings 2,062,284 - 2,062,284 2,479,167 - (416,883) -20.21%

Total Revenues 161,427,534 (841,534) 160,586,000 163,794,789 - (3,208,789) -2.00%

ExpendituresGeneral Government 1,647,343 109,094 1,756,437 546,188 - 1,210,249 68.90%Environment and Energy Conservation 733,947 (372,000) 361,947 272,443 - 89,504 24.73%Commuter and Motorist Assistance 1,699,871 15,000 1,714,871 577,938 - 1,136,933 66.30%Regional & Subregional Planning 1,344,522 833 1,345,355 1,055,424 - 289,931 21.55%Transit 50,786,835 805,397 51,592,232 24,945,581 - 26,646,651 51.65%Project Delivery 70,831,580 (29,455,435) 41,376,145 32,757,110 - 8,619,035 20.83%Fund Administration and Programming 73,600,936 (10,566,987) 63,033,949 54,373,997 - 8,659,952 13.74%

Debt Service 12,397,301 - 12,397,301 12,391,800 - 5,501 0.04%



Transfers in - - - (47,266,842) - 47,266,842 0.00%Transfers out 162,329 37,003,148 24,768,176 24,612,999 - 155,177 0.63%

Gain (loss) on sale of assets - - - (120,223) - 120,223 0.00%

Total Other Financing Sources 162,329 37,003,148 24,768,176 (22,533,620) - 47,301,796 190.98%

Revenues Over (Under) Expenditures (51,777,130) 1,619,416 (37,760,413) 59,407,928 - (97,168,341)

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

CAPITAL PROJECTS FUNDRevenuesIntergovernmental 18,661,346 1,500,375 20,161,721 8,613,212 - 11,548,509 57.28%Investment Earnings - - - 755,069 - (755,069) 0.00%

Miscellaneous 1,194,659 2,265,813 3,460,472 875,906 - 2,584,566 74.69%

Total Revenues 19,856,005 3,766,188 23,622,193 10,244,187 - 13,378,006 56.63%

ExpendituresEnvironment and Energy Conservation - 2,265,813 2,265,813 440,917 1,824,896 80.54%Commuter and Motorist Assistance 600,000 - 600,000 - - 600,000 100.00%Regional & Subregional Planning 225,000 - 225,000 106,557 - 118,443 52.64%Transit 5,355,118 (737,381) 4,617,737 1,692,843 - 2,924,894 63.34%Project Delivery 17,146,790 3,676,062 20,822,852 3,544,437 - 17,278,415 82.98%

Fund Administration and Programming 150,000 63,470 213,470 137,058 - 76,412 35.80%



Operating Transfers In - (3,291,589) (3,291,589) (6,786,449) - 3,494,860 -106.18%

Operating Transfers Out - 26,707,403 26,707,403 26,707,396 - 7 0.00%

Gain (loss) on sale of assets - - - (26,954) - 26,954 0.00%

Total Other Financing Sources - 23,415,814 23,415,814 19,947,901 - 3,467,913 14.81%

Revenues Over (Under) Expenditures (3,620,903) (24,917,590) (28,538,493) (15,625,526) - (12,912,967)

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2017-2018

Revised

Budget

Actual Revenues

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June 30, 2018

NONMAJOR GOVERNMENTAL FUNDSRevenuesIntergovernmental 11,631,892 252,606 11,884,498 9,333,154 - 2,551,344 21.47%Charges for Services - - 2,060 (2,060) 0.00%Investment Earnings - - - 38,807 - (38,807) 0.00%

Miscellaneous 121,425 - 121,425 61,544 - 59,881 49.32%

Total Revenues 11,753,317 252,606 12,005,923 9,435,565 - 2,570,358 21.41%

ExpendituresGeneral Government 559,957 - 559,957 262,780 - 297,177 53.07%Environment and Energy Conservation 4,500,000 372,000 4,872,000 3,177,049 - 1,694,951 34.79%Commuter and Motorist Assistance 3,468,382 707,431 4,175,813 3,317,529 - 858,284 20.55%Regional & Subregional Planning 1,685,904 (149,391) 1,536,513 755,882 - 780,631 50.81%Transit 629,599 - 629,599 - - 629,599 100.00%

Project Delivery 1,000,000 - 1,000,000 186,819 - 813,181 81.32%

Total Expenditures 11,843,842 930,040 12,773,882 7,700,059 - 5,073,823 39.72%


Transfers in - - - (10,537) - 10,537 0.00%

Total Other Financing Sources - - - (10,537) - 10,537 0.00%

Revenues Over (Under) Expenditures (90,525) (677,434) (767,959) 1,746,043 - (2,514,002)

COUNCIL OF GOVERNMENTS FUNDRevenuesIntergovernmental 103,467 - 103,467 39,634 - 63,833 61.69%Special Assessments 200,187 34,800 234,987 200,187 - 34,800 14.81%Investment Earnings - - - 16,295 - (16,295) 0.00%

Miscellaneous 2,809,229 43,294 2,852,523 233,862 - 2,618,661 91.80%

Total Revenues 3,112,883 78,094 3,190,977 489,978 - 2,700,999 84.64%

ExpendituresGeneral Government 1,444,847 78,091 1,522,938 666,440 - 856,498 56.24%Environment and Energy Conservation 1,880,359 - 1,880,359 164,256 - 1,716,103 91.26%

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

Total Expenditures 3,345,582 78,091 3,423,673 830,696 - 2,592,977 75.74%

Revenues Over (Under) Expenditures (232,699) 3 (232,696) (340,718) - 108,022

ENTERPRISE FUNDRevenues

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 - - - - - -

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Authority

Minute Action

AGENDA ITEM: 5


Subject:

Fiscal Year 2018/2019 Initiatives and Action Plan - First Quarter Report

Recommendation:

Receive the Fiscal Year 2018/2019 Initiatives and Action Plan - First Quarter Report.

Background:

The San Bernardino County Transportation Authority’s (SBCTA) Fiscal Year 2018/2019

Initiatives and Action Plan establish the Board of Directors priorities for the year. The Executive

Director uses this as a tool with the Executive Management Team to evaluate SBCTA’s progress

in achieving the Board’s priorities. The SBCTA Fiscal Year 2018/2019 Initiatives and Action

Plan First Quarter report will be provided as a separate attachment.

Financial Impact:

This item does not impact the Fiscal Year 2018/2019 budget.

Reviewed By:


Responsible Staff:

Raymond Wolfe, Executive Director

Approved

Board of Directors


Witnessed By:

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Authority

Minute Action

AGENDA ITEM: 6


Subject:

State and Federal Legislative Update

Recommendation:

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

Background:

STATE UPDATE

The deadline for Governor Brown to sign or veto bills passed by the State Legislature this

session was September 30th

.

The 2019-2020 Legislative Session convenes on December 3rd

.

Delaney Hunter from Cal Advisors LLC, San Bernardino County Transportation Authority

(SBCTA) state advocate, gave a brief update on the 2018 legislative year and potential

legislative priorities in the upcoming year.

The year 2018 was relatively quiet legislatively, compared to 2017, which saw the passage of

Senate Bill 1. This year, legislation was confined mainly to minor project delivery and

transportation contracting bills.

Big changes look to be on the horizon for 2019. The November 2018 elections will bring in a

number of changes, including a new Governor. Changes at the California Transportation

Commission and leadership at transportation agencies can be expected in the new administration.

In addition, the success or failure of Proposition 6 on the November ballot will play a major role

in transportation funding moving forward. There does not seem to be a plan to address the

funding gap that will occur should Proposition 6 pass, as well as how to deal with the impacts

included with the measure’s limitations on raising future transportation fees and revenues.

FEDERAL UPDATE

President Trump signed into law a three bill mini-bus spending package (H.R. 5895) on

September 21st, funding Military Construction-Veterans Affairs (VA), Energy-Water and

Legislative Branch appropriations for Fiscal Year 2019 (FY 19).

On September 13th

Congressional Appropriators reached a deal that would combine passage of a

mini-bus spending package with a Continuing Resolution (CR). The mini-bus bill (H.R. 6157)

was passed by Congress and sent to President Trump for signature on September 26th

.

It includes Defense, Labor-Health and Human Services (L-HHS) and Education spending bills.

The mini-bus spending package also includes a CR that would fund other agencies, not included

in the mini-bus bills passed by September 30th

. The CR would fund those agencies through

December 7th

, 2018, avoiding a shutdown of the federal government on October 1st if a spending

package has not been passed.

A third mini-bus spending package (H.R. 6147) containing appropriation bills for Interior,

Environment, Agriculture, Transportation, Housing and Urban Development, Financial Services

and General Government stalled in House and Senate Conference Committee and will be taken

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November 7, 2018

Page 2



up after the November 6th

elections. Agencies falling under this spending package will be

funded at Fiscal Year 2018 levels through December 7th

, as specified in the CR contained in

(H.R. 6157).

Financial Impact:

This item has no financial impact on the adopted Fiscal Year 2018/2019 Budget.

Reviewed By:


Responsible Staff:

Otis Greer, Director of Legislative and Public Affairs

Approved

Board of Directors


Witnessed By:

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Minute Action

AGENDA ITEM: 7


Subject:

Agreement No. 19-1002010 Regarding Omnitrans Transit District Legislation

Recommendation:


A. Approve Agreement No. 19-1002010, a Memorandum of Understanding regarding

Omnitrans Transit District Legislation, with Omnitrans in substantially the form attached, upon

approval as to form by San Bernardino County Transportation Authority (SBCTA)

General Counsel.

B. Direct staff to coordinate with Omnitrans to secure enactment of the legislation

establishing Omnitrans as a Transit District.

Background:

At their October 3, 2018 Board meeting, Omnitrans approved a proposed final version of

legislation to form Omnitrans as a statutory Transit District under Division 10 of the

Public Utilities Code (Attachment 1). This was in response to a review of the Omnitrans

governance structure and risk mitigation options related to Omnitrans’ new role as manager of

the contract that will provide for the operations and maintenance of the Redlands Passenger Rail

Project (RPRP) rail service – the “Arrow”. It was determined that changing the structure of

Omnitrans from a joint powers authority (JPA) to a statutorily created entity would be the most

effective means of eliminating potential tort liability to member entities of the Omnitrans JPA.

There is no intention to change the number of entities, the composition of the Board will remain

the same, and there is also no intention to change the status of any Omnitrans employees.

The proposed legislation retains all authorities that are currently part of the JPA, which includes

the authority to levy a retail transactions and use tax. A concern was raised by SBCTA staff

regarding Omnitrans retaining this taxing authority as it could have implications on a concurrent

or future tax measure sponsored by SBCTA. Rather than relinquish an existing power held

under the JPA, the Omnitrans Board agreed to include subparagraph (i) of Section 108080 in the

proposed legislation as follows:

(i) Prior to adopting an ordinance in accordance with Section 108080, the district shall

obtain the approval by resolution of the Board of the San Bernardino County

Transportation Authority of the proposed district tax.

Along with approval of this draft legislation, the Omnitrans Board approved a draft

Memorandum of Understanding (MOU), Agreement No. 19-1002010, with SBCTA regarding

the taxing authority provided by the legislation. The purpose of the MOU is twofold:

1) to ensure that Omnitrans notifies SBCTA of its intent to adopt a transit district tax ordinance –

Omnitrans agrees to give SBCTA six months notice of its intent to request SBCTA approval of a

proposed Omnitrans tax, and SBCTA agrees to consider adoption of a resolution in support of

the proposed Omnitrans tax within 60 days of the request.

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November 7, 2018

Page 2


2) to ensure SBCTA engages Omnitrans in discussions of the inclusion of dedicated transit

funding in a concurrent or future tax measure, SBCTA agrees to notify Omnitrans of any

upcoming or future SBCTA tax measure so that Omnitrans can develop and formally transmit to

SBCTA a detailed request for transit funding to be considered in the tax measure. An ad hoc

committee comprised of three Omnitrans and three SBCTA Board members will evaluate the

request for transit funding and will make a recommendation to the Omnitrans and SBCTA

Boards of Directors regarding the request.

Staff recommends approval of the MOU and requests direction to assist Omnitrans to any extent

necessary to secure enactment of the proposed legislation creating Omnitrans as a statutory

Transit District.

Financial Impact:

This item is consistent with the adopted SBCTA Fiscal Year 2018/2019 budget.

Reviewed By:

This item was reviewed and unanimously recommended for approval by the General Policy

Committee on October 10, 2018. SBCTA General Counsel and Procurement Manager have

reviewed this item.

Responsible Staff:

Andrea Zureick, Director of Fund Administration

Approved

Board of Directors


Witnessed By:

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Attachment 1

Page 1 of 14 30870.01000\29665303.6

October 2018 Update

The People of the State of California do enact as follows:

SECTION 1. Part 19 (commencing with Section 108000) is added to Division 10 of the Public

Utilities Code, to read:

Part 19

Omnitrans Transit District

Chapter 1

General Provisions

§ 108000.

This part shall be known and may be cited as the Omnitrans Transit District Act.

§ 108001.

It is the intent of the Legislature in enacting this part to provide for a unified, comprehensive

institutional structure for the ownership and governance of a transit system within the County of

San Bernardino to develop, provide, operate, and administer public transportation. It is further

the intent of the Legislature that the district established by this act shall succeed to the powers,

duties, obligations, liabilities, immunities, and exemptions of Omnitrans, a joint powers authority

formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section

6500) of Division 7 of Title 1 of the Government Code), upon its dissolution. Because there is

no general law under which such a district could be formed, the adoption of a special act and the

formation of a special district is required.

Chapter 2

Definitions

§ 108010.

(a) Unless the context otherwise requires, the provisions of this chapter govern the

construction of this part.

(b) “District” means the Omnitrans Transit District.

(c) “Transit” and “transit service” means the transportation of passengers and their incidental

baggage and parcels by any means.

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Attachment 1

Page 2 of 14 30870.01000\29665303.6

(d) “Transit works” or “transit facilities” means any or all real and personal property,

equipment, rights, facilities, title, or interests owned, or to be acquired, by the district for transit

service or purposes for the operation thereof.

(e) “Board of directors,” “board,” and “directors,” means the board of directors of the

district.

(f) “City” means, individually, the Cities of Chino, Chino Hills, Colton, Fontana, Grand

Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San

Bernardino, Upland and Yucaipa, and any other city within the County of San Bernardino that

joins as a member of the district as set forth in this part.

(g) “County” means, individually, the County of San Bernardino, and any other county

which is annexed, in whole or in part, to the district as provided in this part.

(h) “Board of supervisors” means the County of San Bernardino board of supervisors.

(i) “Public agency” includes the State of California, and any county, city, district or other

political subdivision or public entity of, or organized under the laws of, this state, or any

department, instrumentality, or agency thereof.

(j) “System” means all transit works and transit facilities owned or held, or to be owned or

held, by the district for transit purposes.

(k) “Revenues”, unless otherwise defined herein, means all rates, fares, tolls, rentals, fees,

charges or other income and revenue actually received or receivable by, or for the account of, the

district from the operation of the system, including, without limiting the generality of the

foregoing, interest allowed on any moneys or securities any profits derived from the sale of any

securities, any consideration in any way derived from any properties owned, operated, or at any

time maintained by the district, and all local, State, federal grants and taxes received by the

district.

(l) “Person” includes any individual, firm, partnership, association, corporation, limited

liability company, trust, business trust, or the receiver or trustee or conservator for any thereof,

but does not include a public agency, as defined in (i) above.

(m) “Establish” includes establish, construct, complete, acquire, extend, or reroute. It does

not, however, include the maintenance and operation of any existing system acquired by the

district.

(n) “Voter” means any elector who is registered under the Elections Code.

(o) “Omnitrans JPA” means the joint powers authority formed pursuant to the Joint Exercise

of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the

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Attachment 1

Page 3 of 14 30870.01000\29665303.6

Government Code) through that certain joint powers agreement titled “Amended and Restated

Joint Powers Agreement between the County of San Bernardino and the Cities of Chino,

Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario,

Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa Creating a County

Wide Transportation Authority to be Known as ‘Omnitrans’”, dated July 1, 2016.

“Indebtedness” means bonds, notes or other evidences of indebtedness, and all other obligations,

instruments and agreements which are issued or incurred by or on behalf of the District pursuant

to any other provision of law to finance the lease, acquisition, construction or improvement of a

public improvement or working capital needs.

Chapter 3

Formation of District

§ 108030.

There is hereby created the Omnitrans Transit District, comprising the territory lying within the

boundaries of the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma

Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland,

Yucaipa, the unincorporated areas of San Bernardino County lying within census tracts:

[***INSERT TRACT NOS.***], as set forth in the 201__ decennial census maps for the State

of California on file with the Bureau of the Census, Department of Commerce, Washington,

D.C., and other cities that subsequently qualify as members pursuant to the requirements set

forth in Section 108032.

§ 108031.

Through compliance with the provisions for annexation, and subject to Chapter 9 of this part, the

territory of all or part of any other contiguous city or county may be included within the district.

§ 108032.

Any city within the County of San Bernardino, other than a city specifically listed in Section

108030 that is already included in the district at its formation, may join as a member of the

district upon approval by its city council of a resolution approving the city’s joining as a member

and a resolution of the district’s board approving the joining of the new member.

§ 108033.

(a) On and after January 1, 2020, Omnitrans JPA shall be dissolved and without the necessity

of any further action, the district shall succeed to any or all obligations, liabilities, indebtedness,

bonded and otherwise, immunities, and exemptions of Omnitrans JPA and its board of directors.

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Attachment 1

Page 4 of 14 30870.01000\29665303.6

(b) Upon the dissolution of Omnitrans JPA and without the necessity of any further action,

the district shall assume the rights and obligations of Omnitrans JPA under any contract to which

Omnitrans JPA is a party and which is to be performed, in whole or in part, on or after the date

of dissolution of Omnitrans JPA.

(c) Upon the dissolution of Omnitrans JPA and without the necessity of any further action,

all real and personal property owned by Omnitrans JPA shall be transferred to the district.

(d) On and after the date of dissolution of Omnitrans JPA, any reference in any provision of

law or regulation to Omnitrans JPA shall be deemed to refer to the district.

Chapter 4

Government of District

§ 108040.

The district shall be governed by a board of directors. All powers, privileges, and duties vested

in or imposed upon the district shall be exercised and performed by and through the board of

directors provided, however, that the exercise of all executive, administrative, and ministerial

power may be delegated and re-delegated by the board of directors to any of the offices, officers,

or committees created pursuant to this chapter or created by the board of directors acting

pursuant to this chapter.

§ 108041.

The board of directors shall consist of twenty (20) members.

(a) The board shall be composed of one primary representative selected by the governing

body of each city that is a member of the district and four (4) members of the San Bernardino

County Board of Supervisors to serve until recalled by the governing body of the city or county.

Each director shall be a mayor, councilperson, or supervisor of the governing body which

selected him or her. Vacancies shall be filled in the same manner as originally selected.

(b) Each city and the county shall also select in the same manner as the primary or secondary

representative, if applicable, one alternate to serve on the board when the primary representative

is not available. Whenever the alternate director serves on the board, the alternate director shall

have all the powers of a regular director.

(c) The board may allow for the appointment of advisory representatives to sit with the board

but in no event shall said representatives be allowed a vote.

(d) The board may increase the number of board members, or change the method of selection

of board members, by resolution, to accommodate new member cities that join the district

pursuant to Section 108032.

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Page 5 of 14 30870.01000\29665303.6

§ 108042.

The board, at its first meeting, and biannually thereafter at the first meeting in June, shall elect a

chairperson who shall preside at all meetings, and a vice-chairperson who shall preside in his/her

absence. The chairperson and the vice-chairperson shall serve two-year terms. Notwithstanding

the foregoing, the vice-chairperson shall become chairperson for the subsequent two-year term in

the absence of a vote by the board of directors to the contrary. In the event of their absence or

inability to act, the member present, by an order entered in the minutes, shall select one of their

members to act as chairperson pro tem, who, while so acting, shall have all the authority of the

chairperson.

§ 108043.

The officers of the board shall consist of the members of the board of directors, the chairperson

and vice chairperson of the board, a secretary, a general manager, a general counsel, and any

other officers that the board deems necessary and provides for in its bylaws, or by ordinance or

resolution.

§ 108044.

The board shall appoint and fix the salary of a general manager who shall have full charge of the

acquisition, construction, maintenance, and operation of the facilities of the district, and of the

administration of the business affairs of the district.

§ 108045.

The board of directors shall do all of the following::

(a) Adopt bylaws for its procedures consistent with the laws of the state.

(b) Adopt an annual budget.

(c) Adopt a conflict-of-interest code.

(d) Adopt priorities reflecting the district’s goals.

(e) Establish the amount of compensation that each member of the board shall receive.

(f) Do any and all things necessary to carry out the purposes of this part.

§ 108046.

A majority of the board or of a standing committee entitled to vote constitutes a quorum for the

transaction of business. All official acts of the board or a standing subcommittee of the board

require the affirmative vote of a majority of the board or committee members present.

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Page 6 of 14 30870.01000\29665303.6

§ 108047.

The acts of the board of directors shall be expressed by motion, resolution or ordinance.

§ 108048.

All meetings of the board of directors shall be conducted in the manner prescribed by the Ralph

M. Brown Act (Chapter 9 (commencing with § 54950), Part 1, Division 2, Title 5, of the

Government Code).

Chapter 5

Powers and Functions of District

Article 1

Corporate and General Powers of District

§ 108050.

The district shall have the power to own, operate, manage, and maintain a public transit system

and associated facilities, and, in the exercise of the power under this part, the district is

authorized in its own name to exercise all rights and powers, expressed or implied, that are

necessary to carry out the purposes and intent of this part, including, but not limited to, the power

to do all of the following:

(a) Sue and be sued.

(b) Employ agents and employees, and contract for services, and to define the

qualifications and duties for agents, employees and contractors.

(c) To enter into and perform all necessary contracts.

(d) To adopt a seal and alter it at the district’s pleasure.

(e) To enter joint powers arrangements with other entities.

(f) Appoint such advisory, standing, or ad hoc committees as it deems necessary.

(g) Enact ordinances, resolutions, policies, and guidelines.

(h) Acquire, convey, construct, manage, maintain, and operate buildings and

improvements, equipment, and assets of the district.

(i) Acquire, convey, and dispose of real and personal property, easements, and

licenses.

(j) Adopt a conflict-of-interest code.

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Page 7 of 14 30870.01000\29665303.6

(k) To acquire (by the exercise of the power of eminent domain or otherwise), hold,

lease, sublease, sell or otherwise dispose of any real or personal property, tangible or intangible,

equipment, and facilities.

(l) Create and administer funds and the distribution of those funds.

(m) Create and enact taxes, fees, fares, and penalties, as permitted by law.

(n) Advocate on behalf of the district.

(o) Develop and pursue ballot measures.

(p) Enforce criminally or civilly, as applicable, any and all ordinances, resolutions,

and policies as permitted by law.

(q) Issue, incur and encumber Indebtedness. However, the debts, obligations, and

liabilities incurred by the district shall not be, nor shall they be deemed to be, debts,

encumbrances, obligations, or liabilities of any member.

(r) Invest money in the district treasury that is not needed for immediate necessities,

as the board determines advisable, in the same manner and upon the same conditions as other

local entities in accordance with Section 53601 of the Government Code.

(s) Pursue collection of obligations owed to the district.

(t) Exercise the right and power of eminent domain to take any property necessary or

convenient to the exercise of the powers granted in this part.

(u) Subject to applicable law, provide transportation services or facilities outside the

district's jurisdictional boundaries provided a finding is made by the board that those services or

facilities benefit the citizens or users of the transportation service or facilities.

(v) Do and undertake any and all other acts reasonable and necessary to carry out the

purposes of this part.

§ 108051.

All claims for money or damages against the district are governed by Division 3.6 (commencing

with Section 810) of Title 1 of the Government Code, except as provided herein, or by other

statutes or regulations expressly applicable thereto.

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Page 8 of 14 30870.01000\29665303.6

Article 2

Contracts

§ 108060.

The district may make contracts and enter into stipulations of any nature whatsoever, employ

labor, and do all acts necessary and convenient for the full exercise of the powers granted in this

part.

§ 108061.

The district may contract with any department or agency of the United States of America, with

any public agency or with any person upon such terms and conditions as determined to be in the

best interest of the district.

§ 108062.

The Legislature finds and declares that there is a compelling interest in ensuring that all federal,

state, local, and private funds available to the district are captured and used in a timely manner.

In order to maximize the use of federal, state, local, and private funds and to maintain a

competitive posture in seeking supplemental federal funds, the district shall have the authority to

establish and use a flexible contracting process to maximize efficient use of public funds.

§ 108063.

The district may insure against any accident or destruction of the system or any part thereof. The

district may insure against loss of revenues from any cause whatsoever. It may provide, in the

proceedings authorizing the issuance of any bonds, for the carrying of insurance in such amount

and of such character as may be specified, and for the payment of the premiums thereon. The

district may also provide insurance as provided in Part 6 (commencing with Section 989),

Division 3.6, Title 1 of the Government Code.

Article 3

Transit Facilities and Services

§ 108070.

The district may provide transit service for the transportation of passengers and their incidental

baggage by any means including, but not limited to, through the operation of buses, specialized

transit vehicles, and passenger rail service.

§ 108071.

The district may lease or contract for the use of its transit facilities, or any portion thereof, to any

operator, and may provide for subleases by the operator upon any terms and conditions it deems

in the public interest. As used in this section, “operator” means any public agency or any person.

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§ 108072.

Subject to any applicable obligation to meet and confer with public employee organizations, the

district may contract with any public agency or person to provide transit facilities and services

for the district.

§ 108073.

(a) The district may construct and operate or acquire and operate transit works and facilities in,

under, upon, over, across, or along any state or public street or highway or any stream, bay or

water course, or over any of the lands which are the property of the state, to the same extent that

such rights and privileges appertaining thereto are granted to municipalities within the state.

(b) Prior to constructing or acquiring transit works and facilities under subsection (a) of Section

108073, district planning staff shall meet and confer with planning staff of the San Bernardino

County Transportation Authority regarding such proposed transit works or facilities to avoid

duplication of efforts, to assess financial feasibility of on-going operations and maintenance, and

to maximize resources for transit planning and implementation.

§ 108074.

The district may enter into agreements for the joint use of any property and rights by the district

and any public agency or public utility operating transit facilities; may enter into agreements

with any public agency or public utility operating any transit facilities, and wholly or partially

within or without the district, for the joint use of any property of the district or of the public

agency or public utility, or the establishment of through routes, joint fares, transfer of passengers

or pooling arrangements.

Article 4

Taxation; Other Fees and Indebtedness

§ 108080.

(a) The district may levy a retail transactions and use tax applicable in the incorporated and

unincorporated territory of the county in accordance with this chapter and Part 1.6 (commencing

with Section 7251) of Division 2 of the Revenue and Taxation Code. The ordinance shall only

become effective if adopted by a two-thirds vote of the board and subsequently approved by the

electors voting on the measure at a special election called for the purpose by the board of

supervisors or at any regular election.

(b) The tax ordinance shall take effect at the close of the polls on the day of election at which the

proposition is adopted. The initial collection of the transactions and use tax shall take place in

accordance with (f) below.

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Page 10 of 14 30870.01000\29665303.6

(c) If, at any time, the voters do not approve the imposition of the transactions and use tax, this

chapter remains in full force and effect. The board may, at any time thereafter, submit the same,

or a different, measure to the voters in accordance with this chapter.

(d) The ordinance shall state the nature of the tax to be imposed, the tax rate or the maximum tax

rate, the purposes for which the revenue derived from the tax will be used, and may set a term

during which the tax will be imposed. Tax revenues shall be used only for public transit purposes

of the district, including administration of this division and legal actions related thereto. The

ordinance shall contain an expenditure plan that shall include an allocation of revenues.

(e) As used in this section, “public transit purposes” includes the public transit responsibilities

under the jurisdiction of the district as well as any repair, redesign, or ongoing maintenance of a

district facility, any right-of-way upon which transit is intended to travel, or any bikeway,

bicycle path, sidewalk, trail, pedestrian access, or pedestrian accessway, and all costs and

expenses related thereto.

(f) Any transactions and use tax ordinance adopted pursuant to this article shall be operative on

the first day of the first calendar quarter commencing more than 150 days after adoption of the

ordinance.

(g) Prior to the operative date of the ordinance, the district shall contract with the California

Department of Tax and Fee Administration to perform all functions incident to the

administration and operation of the ordinance. The costs to be covered by the contract may also

include services of the types described in Section 7272 of the Revenue and Taxation Code for

preparatory work up to the operative date of the ordinance. Any disputes as to the amount of the

costs shall be resolved in the same manner as provided in that section.

(h) The district, subject to the approval of the voters, may impose a maximum tax rate of one-

half of 1 percent under this article and Part 1.6 (commencing with Section 7251) of Division 2 of

the Revenue and Taxation Code. The district shall not levy the tax at a rate other than one-half or

one-fourth of 1 percent unless specifically authorized by the Legislature.

(i) Prior to adopting an ordinance in accordance with this Section 108080, the district shall

obtain the approval by resolution of the board of the San Bernardino County Transportation

Authority of the proposed district tax.

(j) Any amendments to an expenditure plan contained in a transaction and use tax ordinance

adopted pursuant to this article shall be made in accordance with Public Utilities Code section

180207, or any successor provision.

§ 108081.

If approved as required by law, the district may impose and administer fees and other funding

sources secured for transportation system operation, maintenance, and improvement.

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Page 11 of 14 30870.01000\29665303.6

§ 108082.

The board may set fares for public transit service by resolution.

§ 108083.

As an alternative procedure for the raising of funds, the district may issue bonds, payable from

revenues of any facility or enterprise to be acquired or constructed by the district, in the manner

provided by the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of

Part 1 of Division 2 of Title 5 of the Government Code), all of the provisions of which are

applicable to the district.

§ 108084.

The district is a local agency within the meaning of the Revenue Bond Law of 1941 (Chapter 6

(commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code).

The term "enterprise" as used in the Revenue Bond Law of 1941 shall, for all purposes of this

part, include transit facilities and any and all parts thereof and all additions, extensions, and

improvements thereto and all other facilities authorized acquired, constructed, or completed by

the district. The district may issue revenue bonds under the Revenue Bond Law of 1941, for any

one or more facilities or enterprises authorized to be acquired, constructed, or completed by the

district, or, in the alternative, may issue revenue bonds under the Revenue Bond Law of 1941,

for the acquisition, construction, and completion of any one of those facilities. Nothing in this

part shall prevent the district from availing itself of, or making use of, any procedure provided in

this part for the issuance of Indebtedness of any type or character for any of the facilities or

works authorized under this part, and all proceedings may be carried out simultaneously or, in

the alternative, as the directors may determine.

§ 108085.

The district may advocate on and act on behalf of all members with their concurrence to further

the district's transit interests, funding, projects, and priorities.

§ 108086.

The district may promulgate a plan for funding transit projects or operations within its

jurisdiction or as permitted in subdivision (u) of Section 108050.

Chapter 6

Rights of Employees of Omnitrans

§ 108090.

When the district acquires existing facilities, rights and obligations of Omnitrans JPA, all of the

employees of Omnitrans JPA shall be appointed to the same positions by the district. These

employees shall be given sick leave, seniority, vacation credits, retirement benefits and all other

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Attachment 1

Page 12 of 14 30870.01000\29665303.6

rights and obligations which they have with Omnitrans JPA, upon the transfer of Omnitrans JPA

to district.

§ 108091

The district shall provide employee retirement benefits under the program administered by the

California Public Employees' Retirement System or other system permitted by law.

Chapter 7

Liability of members

§ 108100.

The members, whether individually or collectively, shall not be liable for any act or omission of

the district, including, but not limited to, any of the following:

(a) Performing any and all things necessary to carry out the purposes of this part.

(b) Any act of the district, or for any act of the district's agents or employees.

(c) The payment of wages, benefits, or other compensation to officers, agents, or employees of

the district.

(d) The payment of workers' compensation or indemnity to agents or employees of the district

for injury, illness, or death.

Chapter 8

Changes of Organization or Reorganization

§ 108200.

(a) Territory within the district may be detached from the district by a supermajority vote of the

directors, which shall be at least 80 percent of the nonweighted vote of the existing board

provided that all pending legal and financial obligations have been satisfied.

(b) The detachment of territory from the district shall become effective upon giving of the notice

required in Section 57204 of the Government Code, provided that the detached territory shall not

be relieved from liability for taxation for the payment of any bonded indebtedness existing at the

time of detachment.

(c) Notice of the detachment of territory from the district shall be given to each assessor whose

roll is used for a tax levy made pursuant to this part and with the State Board of Equalization

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Attachment 1

Page 13 of 14 30870.01000\29665303.6

pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the

Government Code.

Chapter 9

Application of the Cortes-Knox-Hertzberg Local Government Reorganization Act of 2000

§ 108300.

(a) The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Part 1

(commencing with Section 56000) Division 3 of Title 5 of the Government Code), shall not

apply to the formation or dissolution of the district.

(b) For annexations, any territory annexed into a member city, shall automatically be annexed

into the district. For annexation of territory in the unincorporated county into the district, such

annexation shall require approval of the board.

(c) New cities may join the district as set forth in Section 108032.

Chapter 10

Dissolution

§ 108400.

(a) The district may be dissolved upon a supermajority vote of the directors which shall be at

least 80 percent of the nonweighted vote of the board. However, the winding up of the district

shall be conducted by the board and the general manager. The district shall not be fully dissolved

and terminated until all debts, financial obligations, and liabilities are paid in full and any and all

remaining assets after payment of all debts, financial obligations, and liabilities are distributed to

the members.

(b) Distribution to each member shall be made in the same proportion as that reflected in the

accumulated capital contribution accounts from the records of the Omnitrans JPA, as shown and

maintained by the district’s finance director in the district’s books of accounts. Cash may be

distributed in lieu of property or equipment.

(c) (1) If the directors cannot agree as to the valuation of the property or to the manner of asset

distribution, the question shall be submitted to arbitration, as set forth below, and the directors

shall make the distribution or valuation as directed by arbitrators.

(2) Three arbitrators shall be appointed by the board.

(3) The arbitration shall be binding and shall be conducted pursuant to Title 9 (commencing with

Section 1280) of the Code of Civil Procedure. Any hearings shall be held within the county. All

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Attachment 1

Page 14 of 14 30870.01000\29665303.6

notices, including notices under Section 1290.4 of the Code of Civil Procedure shall be given to

the governing body of each member.

§ 108401.

The board shall wind up the affairs of the district.

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Funding Agreement No: Reversion Date:

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Accounts Payable

Accounts Receivable

Total Contract Funding: Total Contingency:

-

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N/A

-$ -$

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MOU/COOP/JPA/Zero Dollar ContractsMOU/COOP/JPA

Contract Management (Internal Purposes Only)

Board of Directors 11/07/2018 CommitteeDate: Item #

N/A

-

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-

-

-

Additional Notes:

-

Nancy Strickert

Contract Summary Sheet

Dollar Amount

General Contract Information

Contract Authorization

12/31/2028

Current Amendment

1568

-$

-$ Total/Revised Contract Value

19-1002010

Revised Expiration Date:

Total Dollar Authority (Contract Value and Contingency) -$

Original Contingency

Prior Amendments

Current Amendment

Total Contingency Value

-$

-$

-$

Vendor No.:

MOU Regarding Omnitrans Transit District Legislation

11/07/2018Estimated Start Date:

-$

-

-$

-

Total Contract Funding:

-

Prior Amendments

Original Contract

-$

Amendment No.:

-$

Sole Source?

Omnitrans

Contract No:

Vendor/Customer Name:

Description:

Expiration Date:

List Any SBCTA Related Contracts Nos.:

-

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Project Manager (Print Name)

Andrea Zureick

Task Manager (Print Name)

-

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Form 200 05/2018 1/1

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of 6 Contract No. 19-1002010 30870.02000\31316261.4

AGREEMENT NO. 19-1002010

MEMORANDUM OF UNDERSTANDING

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY

AND

OMNITRANS

REGARDING OMNITRANS TRANSIT DISTRICT LEGISLATION

This MEMORANDUM OF UNDERSTANDING (“MOU”) is entered into by and between

the San Bernardino County Transportation Authority (“SBCTA”), established by the San

Bernardino County Transportation Authority Consolidation Act of 2017, Ch. 7 (commencing

with § 130800) of Div. 12 of the Public Utilities Code and Omnitrans, a Joint Powers Authority

(“Omnitrans”) established pursuant to Chapter 5 (commencing with Section 6500) of Division 7

of Title 1 of the Government Code, and any successor statutory entity succeeding to the rights,

duties and obligations of Omnitrans. SBCTA and Omnitrans are sometimes referred to herein,

individually, as “Party” and collectively as the "Parties," with reference to the following facts:

RECITALS

WHEREAS, SBCTA is the San Bernardino County transportation commission responsible

for short and long range transportation planning within San Bernardino County (“County”),

including coordination and approval of all public mass transit service, approval of all capital

development projects for public transit and highway projects, and determination of staging and

scheduling of construction relative to all transportation improvement projects in the

Transportation Improvement Program.

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of 6 Contract No. 19-1002010 30870.02000\31316261.4

WHEREAS, SBCTA is responsible for administration of Measure I, the half-cent

transportation transactions and use tax approved by County voters in 2004 dedicated for local

transportation purposes as defined in SBCTA Ordinance 04-01 which is in effect until 2040.

WHEREAS, Measure I supports transit services by providing funding for Express Bus/Bus

Rapid Transit Service, Metrolink/Rail Service, and Senior and Disabled Transit Services.

WHEREAS, SBCTA provides local, state and federal funds to Omnitrans for transit

services, including Measure I funds.

WHEREAS, Omnitrans is the public transit agency serving the San Bernardino Valley area

of San Bernardino County, operating local and express bus routes, sbX rapid bus transit service,

OmniGo hometown shuttle service, Access paratransit service, and is preparing to operate the

Arrow Hybrid Rail Service between San Bernardino and Redlands.

WHEREAS, the Omnitrans Board of Directors has directed Omnitrans staff to proceed

with efforts to change the structure of Omnitrans from a Joint Powers Authority to a statutory

transit district.

WHEREAS, as part of this effort, Omnitrans staff has presented draft legislation to the

Omnitrans Board of Directors to create Omnitrans Transit District.

WHEREAS, as part of its authorities, and consistent with its rights under the Omnitrans

Joint Powers Agreement, the draft legislation provides taxing authority to Omnitrans.

WHEREAS, SBCTA is concerned with the potential negative implications of multiple

transportation related taxing entities within the same jurisdiction.

WHEREAS, and the Parties have agreed to enter into this MOU to express the intent of the

Parties that Omnitrans: (1) will obtain SBCTA Board approval before adopting a transit district

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of 6 Contract No. 19-1002010 30870.02000\31316261.4

tax ordinance; and (2) will be given an opportunity to provide input into the development of

future transportation tax measures as it relates to transit services in San Bernardino Valley.

WHEREAS, the SBCTA and Omnitrans Board of Directors possess full authority to enter

into this MOU.

NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:

TERMS

1. Incorporation of Recitals. The recitals set forth above are true and correct and are

incorporated into this MOU by reference as though fully set forth herein.

2. Effective Date of Agreement. This Agreement will be effective upon the effective date

of legislation forming Omnitrans as a statutory transit district with taxation authority.

3. Agreement of Omnitrans.

Omnitrans agrees to obtain the approval by resolution of the Board of the San Bernardino

County Transportation Authority before adopting a transit district tax (Omnitrans Tax)

ordinance. Omnitrans agrees to provide SBCTA six (6) months’ notice of Omnitrans’

intent to request SBCTA Board approval of an Omnitrans Tax.

4. Agreement of SBCTA.

a. SBCTA agrees that the SBCTA Board will consider an Omnitrans Board request

for an SBCTA Board resolution approving an Omnitrans Tax within sixty (60) days of receipt of

such request.

b. Notwithstanding Omnitrans’ request for SBCTA Board approval of an Omnitrans

Tax, SBCTA shall consider, in good faith and in accordance with the procedures set forth below,

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of 6 Contract No. 19-1002010 30870.02000\31316261.4

inclusion of dedicated funding for transit services in concurrent or future SBCTA transportation

tax ordinances.

5. Procedures for Concurrent or Future SBCTA Transportation Tax Ordinances.

a. SBCTA shall notify Omnitrans of any upcoming concurrent or future SBCTA tax

measure. Notification shall be provided in a timely manner so as to allow sufficient time for

completion of the actions set forth in the paragraphs below.

b. Following such notification, SBCTA and Omnitrans staff shall meet and confer to

review and evaluate any request by Omnitrans for dedicated transit funding under the proposed

SBCTA transportation tax ordinance.

c. Any request by Omnitrans for dedicated transit funding shall be formally

transmitted to SBCTA staff and shall include the following information, to the extent applicable:

i. Specific purpose of the requested transit funding;

ii. Estimated capital cost for each component requested;

iii. Estimated annual operations cost for each component requested that identifies

the estimated funding needed for each fiscal year for the life of the proposed

ordinance; and

iv. Any potential impact on other fund sources currently allocated to Omnitrans.

d. The Parties shall convene an ad hoc committee comprised of Omnitrans and

SBCTA Board members to evaluate and discuss the request for transit funding. The ad hoc

committee will be comprised of three Board members from each Party, to be appointed by the

Board Chairs of the Parties. The Executive Director of SBCTA and the CEO/General Manager

of Omnitrans, or their designees, shall provide advisory staff services to the ad hoc committee.

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of 6 Contract No. 19-1002010 30870.02000\31316261.4

The ad hoc committee will make a recommendation to the Omnitrans and SBCTA Boards of

Directors regarding such request.

6. Term. This MOU shall remain in full force and effect from the effective date until

terminated by mutual agreement of the parties.

7. Notice. Any notice, request or demand made between the parties pursuant to this MOU

shall be directed as follows:

SBCTA OMNITRANS

1170 W. 3rd Street, 2nd Floor 1700 West 5th

Street

San Bernardino, CA 92410 San Bernardino, CA 92411

Attn: Executive Director Attn: CEO/General Manager

8. Severability. If any clause or provision of this MOU is found to be illegal, invalid or

unenforceable under applicable present or future laws, then it is the intention of the Parties that

the remainder of this MOU shall not be affected but shall remain in full force and effect.

9. Entire Agreement. This MOU contains the entire agreement of the Parties with respect to

the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

This MOU may only be supplemented, amended, or modified by a writing signed by both

Parties.

10. Governing Law. This MOU shall be governed by the laws of the State of California.

Venue shall be in San Bernardino County.

11. Counterparts. This MOU may be signed in counterparts, each of which shall constitute

an original.

[Signatures on following page]

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of 6 Contract No. 19-1002010 30870.02000\31316261.4

MEMORANDUM OF UNDERSTANDING

REGARDING OMNITRANS TRANSIT DISTRICT LEGISLATION

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY

OMNITRANS

By:___ ________________________

By:__________________________

James C. Ramos P. Scott Graham

Board President CEO/General Manager

Date:__________________________

Date:__________________________

APPROVED AS TO FORM APPROVED AS TO FORM:

By:____________________________ By:

Eileen Monaghan Teichert Haviva Shane

General Counsel Omnitrans General Counsel

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Minute Action

AGENDA ITEM: 8


Subject:

South Milliken Grade Separation Project Funding Agreement Amendment No. 1 and Transfer of

Measure-I Savings

Recommendation:


A. Approve a transfer of Measure I savings from the South Milliken Grade Separation Project

(Project) to the Monte Vista Grade Separation Project in the amount of $3.9 million to backfill

reduced availability of Federal Projects of National and Regional Significance grant funds.

B. Approve Amendment No. 1 to Funding Agreement No. 17-1001620 (Agreement) with the

City of Ontario for the South Milliken Grade Separation Project, which incorporates the Project

Approval & Environmental Document (PA&ED), Plans, Specifications & Estimates (PS&E),

Right of Way and Construction Phases of the Project into the Agreement, and supersedes and

replaces Contract Nos. C08192, C10093, C14059, C11167 and C13104 and their respective

amendments.

Background:

In January 2017, San Bernardino County Transportation Authority (SBCTA) approved

Funding Agreement No. 17-1001620 with the City of Ontario for the South Milliken Grade

Separation Project, which includes a funding plan for the Right of Way (ROW) and Construction

phases of the project. The agreement also includes language to balance both the North Vineyard

and South Milliken projects so that an overall 80%/20% Public/City share is achieved.

In June 2017, the California Transportation Commission approved a program amendment and

allocation of Tier 2 Traffic Congestion Relief Program (TCRP) project closeout savings for a

total of $6.158 million for the South Milliken Grade Separation Project. Of this, $2.619 million

came from projects led by Riverside County Transportation Commission (RCTC). Since RCTC

did not have projects that could utilize the savings, they agreed to allow SBCTA to allocate their

share of TCRP savings on an eligible project.

Subsequently, SBCTA was notified by Caltrans that several agencies had inadvertently over

obligated their share of a $125 million of Projects of National and Regional Significance (PNRS)

earmark for agencies within the Alameda-Corridor East as a result of a Federal rescission that

was unaccounted for at the State level. In addition to the loss of funds earmarked for SBCTA as

a result of the rescission, RCTC over-obligated their share by $2.028 million, which reduced

SBCTA’s share by the same amount. These PNRS funds were intended to be used on the

Monte Vista Grade Separation project in the City of Montclair, leaving a deficit of $3,834,218

for the project. Because RCTC had already allowed use of $2.619 million of their share of

TCRP funding without prejudice on the South Milliken project, staff recommends no further

action be taken to recover the $2.028 million PNRS earmark from RCTC and projected

Measure I savings from the South Milliken project be transferred to the Monte Vista project to

backfill the loss of PNRS. Typically TCRP funds buy down the public share of the project cost,

but staff recommends that the $590,638 received in excess of the amount due to SBCTA from

8

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November 7, 2018

Page 2


RCTC be treated as State grant funds to buy down total project costs as these funds are

essentially a grant of funds not due SBCTA.

In order to accommodate the additional $6.158 million of TCRP funds received for the project

and maintain the 80%/20% Public/City share, a revised financial plan has been developed for the

project as shown in Attachment 1. The revised financial plan accounts for the current project

cost estimate and the repayment of City’s share in the amount of $8.057 million and

$3.121 million from the North Vineyard Grade Separation project, per Funding Agreement

No. 17-1001619 and North Milliken Grade Separation project, per Agreement R10195,

respectively.

This amendment will include a funding plan for all phases of the project so that the Public and

City shares can be balanced across all phases. The Agreement superseded and replaced Contract

Nos. C11167 (ROW phase) and C13104 (Construction phase) with the City of Ontario. This

amendment will also supersede and replace the following expired funding agreements and their

amendments with the City of Ontario:

C08192--Cooperative Agreement for PA&ED phase of South Milliken Grade Separation

Project.

C10093 and C14059--Funding Agreements for PS&E phase of South Milliken Grade

Separation Project.

Costs shown in the funding agreement are the current estimates of each phase. A final report

of expenditures, including a final invoice reporting the actual eligible project cost, will be

submitted and reconciled at project closeout.

Financial Impact:

This item is consistent with the adopted Fiscal Year 2018/2019 Budget.

Reviewed By:

This item was reviewed and recommended for approval (9-0-0) without a quorum of the Board

present at the Board of Directors Metro Valley Study Session on October 11, 2018. This item

and the draft amendment have been reviewed by General Counsel.

Responsible Staff:

Andrea Zureick, Director of Fund Administration

Approved

Board of Directors


Witnessed By:

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Totals

CURRENT SLPP TCRP TCIF

Repayment

R10195

N.Milliken

Repayment

17-1001619

N.Vineyard

DIF TCRP UPRR CPUC 190

PA&ED (C08192) 678,323 135,665

PS&E (C10093/C14059) 5,651,756 1,079,756

ROW (17-1001620) 14,346,787 7,049,787 2,297,000 5,000,000

CON (17-1001620) 57,400,656 7,210,000 21,846,000 3,121,000 1,549,820 10,556,029 2,482,293

Est. Total Cost 78,077,522

Totals

PROPOSED SLPP TCRP TCIF

Repayment

R10195

N.Milliken

Repayment

17-1001619

N.Vineyard

DIF TCRP UPRR CPUC 190

PA&ED 678,323 566,181

PS&E 5,651,244 5,651,244

ROW 14,490,158 5,567,362 3,332,158 590,638 5,000,000

CON 52,143,207 7,210,000 20,633,067 3,120,955 4,724,517 6,760,575 2,482,293

Est. Total Cost 72,962,932

SUMMARY Totals

Change from Approved -5,114,590

Reconciliation from North Vineyard

Final Shares for South Milliken 43,855,326 21,034,675

Attachment 1: Revised South Milliken Grade Separation Funding Plan

Required 80/20 Shares 51,912,001 12,978,000

-8,056,675 8,056,675

Public Share City Share Buy Downs

-4,071,846 -1,633,382

Buy Downs

Measure I

112,142

590,638

7,211,800

43,855,326 21,034,675 8,072,931

10,635,514

47,927,172 22,668,057

Public Share City Share

7,482,293

Public Share City Share Buy Downs

Measure I

542,658

4,572,000

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GL: 6230 40 0840 0876 GL:

GL: 6230 40 0840 0876 GL:

GL: GL:

GL: GL:

GL: GL:

GL: GL:

GL: GL:

GL: GL:

GL: GL:

GL: GL:

GL: GL:

GL: GL:

Funding Agreement No: Reversion Date:

GL: GL:

GL: GL:

GL: GL:

GL: GL:

GL: GL:

Accounts Payable

Accounts Receivable

Total Contract Funding: Total Contingency:

-

-

-

-

-

-

-

-

-

N/A

-$ 7,323,942.00$

-

-

-

112,142.00

7,211,800.00

-

-

Other Contracts

17-1001619; R10195; replaces C08192, C10093, and C14059

Payable

Contract Management (Internal Purposes Only)

Board of Directors 11/07/2018 Board

49053505

5240Date: Item #

52005

53701

Administrative Budget Adjustment

-

-

-

-

-

Additional Notes:

49053505

-

Andrea Nieto

Contract Summary Sheet

Dollar Amount

General Contract Information

Contract Authorization

06/30/2021

Current Amendment

01570

(3,311,572.00)$

7,323,942.00$ Total/Revised Contract Value

17-1001620

Revised Expiration Date:

Total Dollar Authority (Contract Value and Contingency) 7,323,942.00$

Original Contingency

Prior Amendments

Current Amendment

Total Contingency Value

-$

-$

10,635,514.00$

Vendor No.:

South Milliken Avenue Grade Separation Funding Agreement

02/01/2017Estimated Start Date:

-$

-

-$

-

Total Contract Funding:

-

Prior Amendments

Original Contract

-$

Amendment No.: 1

-$

Sole Source?

City of Ontario

Contract No:

Vendor/Customer Name:

Description:

Expiration Date:

List Any SBCTA Related Contracts Nos.:

-

-

-

-

-

-

-

Project Manager (Print Name)

Paula Beauchamp

Task Manager (Print Name)

-

-

Form 200 05/2018 1/1

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17-1001620-1 Page 1 of 6

AMENDMENT NO. 1 TO PROJECT FUNDING AGREEMENT NO. 17-1001620

FOR

PROJECT APPROVAL/ ENVIRONMENTAL DOCUMENT, PLANS,

SPECIFICATIONS AND ESTIMATES, RIGHT OF WAY AND CONSTRUCTION

PHASES OF SOUTH MILLIKEN AVENUE RAIL-HIGHWAY GRADE SEPARATION

NORTH OF MISSION BOULEVARD AND THE UNION PACIFIC RAILROAD

(ALHAMBRA LINE) PROJECT

(CITY OF ONTARIO)

This AMENDMENT No. 1 (AMENDMENT) to Project Funding Agreement No. 17-1001620 is

made by and between San Bernardino County Transportation Authority (referred to hereafter as

“SBCTA) whose address is 1170 W. 3rd

Street, 2nd

Floor, San Bernardino, California 92410-

1715, and City of Ontario (hereinafter referred to as “CITY”), whose address is 303 East B

Street, Ontario CA 91764. SBCTA and CITY are each a “Party” and collectively the “Parties”

herein.

RECITALS

A. SBCTA and CITY previously executed Project Funding Agreement No. 17-1001620, dated

February 1, 2017 (“AGREEMENT”), to jointly fund the Right of Way (ROW) and Construction

Phases of the South Milliken Avenue Rail-Highway Grade Separation North of Mission

Boulevard and the Union Pacific Railroad (Alhambra Line) Project, in the City of Ontario

(hereinafter referred to as “PROJECT”); and

B. On June 4, 2008, SBCTA and CITY entered into Cooperative Agreement No. C08192

delineating the roles, responsibilities and funding commitments relative to the Project Approval/

Environmental Document (PA&ED) Phase of the PROJECT; and

C. On June 2, 2010, SBCTA and CITY entered into Project Funding Agreement No. C10093

delineating the roles, responsibilities and funding commitments relative to the Plans,

Specifications and Estimates (PS&E) Phase of the PROJECT; and

D. On November 5, 2013, SBCTA and CITY entered into Project Funding Agreement No.

C14059 delineating the additional work and cost relative to the completion of Plans,

Specifications and Estimates (PS&E) Phase of the PROJECT; and

E. The Parties desire that the AGREEMENT include the PA&ED, PS&E, ROW and

Construction (CON) Phases of the PROJECT, and supersede and replace the provisions of

Contract Nos. C08192, C10093, C14059, C11167 and C13104 and their respective

Amendments; and

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17-1001620-1 Page 2 of 6

F. By this AMENDMENT, the AGREEMENT is intended to delineate the roles, responsibilities

and funding commitments relative to the PA&ED, PS&E, ROW and CON Phases of the

PROJECT.

NOW, THEREFORE, the Parties agree to amend the AGREEMENT as follows:

1. Paragraph 2 of Section I is deleted in its entirety and replaced with the following:

“2. This AGREEMENT will include the PA&ED, PS&E, ROW and CON Phases of the

PROJECT.”


“4. SBCTA’s public share contribution is in the form of Proposition 1B State-Local

Partnership Program (SLPP), Trade Corridors Improvement Fund (TCIF), Traffic

Congestion Relief Program (TCRP) and Measure I Valley Major Street Program, Rail-

Highway Grade Separation Sub-program funds.”


“5. The total public share of the PA&ED, PS&E, ROW and CON Phases of the

PROJECT is estimated to be $51,912,001 after contributions of $2,482,293 from Union

Pacific Railroad (UPRR), $590,638 from TCRP, and $5,000,000 from California Public

Utilities (CPUC) Section 190, which reduce the total PROJECT cost.”


“6. To reimburse CITY up to a maximum of $7,323,942, which is the SBCTA public

share less SLPP, TCRP and TCIF funds, the repayment of the over-contribution of public

share of the North Milliken Avenue Grade Separation Project, and the estimated

repayment of the over-contribution of public share of the North Vineyard Avenue Grade

Separation Project.

5. Paragraph 2 of Section II is deleted in its entirety and replaced with the following:

“2. This AGREEMENT will include the PA&ED, PS&E, ROW and CON Phases of the

PROJECT.”


“4. That the total development share of the PROJECT is estimated at $12,978,000 after

contributions of $2,482,293 from UPRR, $590,638 from TCRP, and $5,000,000 from

CPUC Section 190, which reduce the total PROJECT cost.”


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17-1001620-1 Page 3 of 6

“5. That the development share will be increased by an estimated $8,056,675 to account

for the over-contribution of public share of the North Vineyard Avenue Grade Separation

Project as delineated in Agreement 17-1001619.”


“9. To be the implementing agency for all Phases of PROJECT. Implementation shall

include, but not be limited to environmental approval, final design, right of way,

construction management and administration of the construction work through CITY

staff or in combination with the procurement and utilization of a consultant construction

management firm. CITY shall involve SBCTA in the selection process of a construction

management firm through review of the procurement documents and participation in the

selection team. CITY will also advertise, administer, and award the construction capital

contract.”

9. Paragraph 1 of Section III is deleted in its entirety and replaced with the following:

“1. The total cost of the all Phases of the PROJECT has been estimated at $72,962,932.”


“2. SBCTA and CITY expect the following funding sources:

a. UPRR to contribute an estimated amount of $2,482,293

b. CPUC Section 190 funds of $5,000,000

c. TCRP funds of $590,638

This funding will reduce the total PROJECT cost but the Parties acknowledge that if

UPRR, TCRP or CPUC does not fund all or a portion of the amount stated above that

SBCTA and CITY will bear its proportional share of this amount in accordance with

this AGREEMENT. The SBCTA public share and the CITY development share, both

as defined herein, will be based on the total PROJECT cost less the final UPRR,

TCRP and CPUC funding commitment.”


“15. This AGREEMENT supersedes and replaces Contract Nos. C08192, C10093,

C14059, C11167, and C13104 and their respective amendments (Prior Agreements),

which Prior Agreements are hereby terminated; provided that all indemnification and

audit provisions of the Prior Agreements shall survive the termination of those Prior

Agreements.”

12. Attachment A “Costs by Phase and Funding” is replaced in its entirety with the Revised

Project Costs by Phase and Funding attached as Attachment A to this Amendment.

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17-1001620-1 Page 4 of 6

13. The Recitals to this AMENDMENT are true and correct and are incorporated into this

AMENDMENT.

14. This AMENDMENT is effective and shall be dated on the date executed by SBCTA.

IN WITNESS WHEREOF, SBCTA and City have executed this AMENDMENT below.

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY CITY OF ONTARIO

By: ________________________ By: ________________________

James C. Ramos Click here to enter text.

Board President Mayor

Date: ________________________ Date: ________________________

APPROVED AS TO FORM AND APPROVED AS TO FORM AND

PROCEDURE: PROCEDURE:

By: ________________________ By: ______________________

Eileen Monaghan Teichert Click here to enter text.

SBCTA General Counsel CITY Attorney

Date: ________________________

By: ________________________

Jeffery Hill

Procurement Manager

Date: ________________________

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17-1001620-1 Page 5 of 6

Attachment A

South Milliken Grade Separation Project

Revised Costs by Phase and Funding

Summary of Project Cost:

Total

Buy Down City Share* Public Share**

UPRR TCRP CPUC

Section 190 DIF

City

Repayment

under

17-1001619

TCRP Measure I Prop 1B

SLPP

Prop 1B

TCIF

City

Repayment

under R10195

Project

Approval/

Environmental

Document

(PA&ED)

$678,323 $0 $0 $0 $566,181 $0 $0 $112,142 $0 $0 $0

Plans,

Specification

and Estimate

(PS&E)

$5,651,244 $0 $0 $0 $5,651,244 $0 $0 $0 $0 $0 $0

Right of Way

(ROW) $14,490,158 $0 $590,638 $5,000,000 $0 $3,332,158 $5,567,362 $0 $0 $0 $0

Construction

(including

construction

management)

$52,143,207 $2,482,293 $0 $0 $6,760,575 $4,724,517 $0 $7,211,800 $7,210,000 $20,633,067 $3,120,955

Total $72,962,932 $2,482,293 $590,638 $5,000,000 $12,978,000 $8,056,675 $5,567,362 $7,323,942 $7,210,000 $20,633,067 $3,120,955

* City Share is 20% of project cost plus payment of developer share per Agreement 17-1001619 from North Vineyard Grade

Separation.

**Public Share is 80% less payment of developer share per Agreement 17-1001619 from North Vineyard Grade Separation and also

includes City repayment per Agreement R10195 from North Milliken Grade Separation Project.

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17-1001620-1 Page 6 of 6

Reconciliation of Agreements 17-1001619 (N. Vineyard) and 17-1001620 (S. Milliken):

Total Project

Cost Buy Down Public Share City Share

Calculated Shares - 80% Public / 20% City

N. Vineyard

17-1001619 (est) $ 47,357,030 $ 7,073,656 $ 32,226,699 $ 8,056,675

S. Milliken

17-1001620 $ 72,962,932 $ 8,072,931 $ 51,912,001 $ 12,978,000

Total $ 120,319,962 $ 15,146,587 $ 84,138,700 $ 21,034,675

Actual Shares

N. Vineyard

17-1001619 (est) $ 47,357,030 $ 7,073,656 $ 40,283,374 $ -

S. Milliken

17-1001620 $ 72,962,932 $ 8,072,931 $ 43,855,326 $ 21,034,675

Total $ 120,319,962 $ 15,146,949 $ 84,138,700 $ 21,034,675

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Minute Action

AGENDA ITEM: 9


Subject:

Hearings to Consider Resolutions of Necessity for Property Interests for the Archibald Avenue

Improvement Project

Recommendation:


A. Conduct public hearings to consider condemnation of interests in real property required

for the Archibald Avenue Improvement Project.


Necessity No. 19-011 authorizing and directing General Counsel, or her designees, to prepare,

commence, and prosecute proceedings in eminent domain for the purpose of acquiring interests

in real property from: Patel & Joshi Hospitality Corp., a California Sub-Chapter S Corporation

incorporated the 15th

day of September, 2005 (Assessor’s Parcel Number [APN] 1083-071-26)

(hereinafter “Hospitality Property”). The Resolution must be approved by at least a two-thirds

majority; and

C. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of



in real property from: McDonald’s USA, LLC, a Delaware Limited Liability Company, formerly

known as Golden Arch Limited Partnership, a cancelled Delaware limited partnership

(APN 1083-071-10) (hereinafter “McDonald’s Property”). The Resolution must be approved by

at least a two-thirds majority; and

D. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of



in real property from: Denny’s Realty Inc., a Delaware corporation and/or Denny’s Inc.

(APN 1083-071-04) (hereinafter “Denny’s Property”). The Resolution must be approved by at

least a two-thirds majority; and

E. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of



in real property from: Kuzina Development, LLC, a California Limited Liability Company

(APN 1083-011-01) (hereinafter “Kuzina Property”). The Resolution must be approved by at

least a two-thirds majority; and

F. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of



in real property from: Shil Kyoung Park and Minah Park, as Trustees of the Shil Park and Minah

Park Living Trust dated March 29, 2005 (APN 1083-071-14) (hereinafter “Park Property”).

The Resolution must be approved by at least a two-thirds majority; and

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G. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of


commence, and prosecute proceedings in eminent domain for the purpose of acquiring an interest

in real property from: Gary K. Malkhasian and Anna M. Malkhasian, husband and wife, as

community property with right of survivorship, as to an undivided 50.00% interest and Andrew

S. Malkhasian and Jean Ann Malkhasian, husband and wife, as community property with right of

survivorship, as to an undivided 50.00% interest (APN 1083-011-05) (hereinafter “Malkhasian

Property”). The Resolution must be approved by at least a two-thirds majority.

Background:

Steady progress has been made towards the start of construction on Archibald Avenue

Improvement Project (“Project”). One of the remaining critical path items is right-of-way

acquisition. On September 6, 2017, the San Bernardino County Transportation Authority

(SBCTA) Board of Directors authorized the acquisition of the property interests necessary for

this Project. The purpose of this agenda item is to present information regarding the Hearings

for Resolutions of Necessity for six (6) properties in which interests are needed for construction

of the Project. SBCTA’s right-of-way agent, Epic Land Solutions, Inc. (Epic) presented offers to

each of the following property owners:

Patel & Joshi Hospitality Corp., a California Sub-Chapter S Corporation incorporated

the 15th

day of September, 2005;

McDonald’s USA, LLC, a Delaware Limited Liability Company, formerly known as

Golden Arch Limited Partnership, a cancelled Delaware limited partnership;

Denny’s Realty, Inc., a Delaware Corporation and/or Denny’s Inc.;

Kuzina Development, LLC, a California Limited Liability Company;

Shil Kyoung Park and Minah Park, as Trustees of the Shil Park and Minah Park

Living Trust dated March 29, 2005; and

Gary K. Malkhasian and Anna M. Malkhasian, husband and wife, as community

property with right of survivorship, as to an undivided 50.00% interest and

Andrew S. Malkhasian and Jean Ann Malkhasian, husband and wife, as community

property with right of survivorship, as to an undivided 50.00% interest.

Although negotiations are ongoing, dialogue with the property owners listed have not yet

resulted in settlements. Interests in these properties need to be acquired through eminent domain

which requires compliance with a statutorily-prescribed process. During the eminent domain

process, SBCTA’s right-of-way agent will continue to negotiate with the property owners and

attempt to achieve negotiated sales for the necessary property interests.

SBCTA is authorized to acquire property by eminent domain pursuant to the California Public

Utilities Code Sections 130220.5 and 130809(b)(4). Eminent domain will allow SBCTA to

obtain legal rights to the property interests needed for the Project if a negotiated sale cannot be

reached. A Resolution of Necessity is the first step in the eminent domain process. Since the

process takes several months, it is necessary to start this process now to ensure that the property

interests are obtained to meet the scheduled start of construction in late 2019 and the Project is

able to utilize Trade Corridor Improvement Funds (TCIF) that will be programmed for Project

construction.

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In order to adopt the Resolutions of Necessity, SBCTA must make the four findings discussed

below for each of the property interests. The issue of the amount of just compensation for these

property interests is not addressed by these Resolutions of Necessity and is not to be considered

at the hearings. The four necessary findings are:

1. The public interest and necessity require the Project.

The Project is located in the City of Ontario on Archibald Avenue at State Route 60 (SR 60) with

construction limits extending from East Oak Hill Drive to Monticello Place. If no improvements

are made to the interchange the existing and future traffic congestion will not be mitigated.

Therefore, the proposed improvements are necessary to improve traffic operations that will

reduce existing and future traffic congestion.

The Project includes the following improvements:

Widening Archibald Avenue to add northbound and southbound right-turn pockets

approaching the eastbound and westbound SR 60 on-ramps;

Modifying the existing on-ramps and the Archibald Avenue Bridge Undercrossing to

accommodate additional left-turn lanes;

Extending left-turn lane storage length approximately 190 ft. south of the interchange for

northbound traffic accessing the westbound on-ramp; and

Constructing standard sidewalks (including curb) and Americans with Disabilities Act

compliant curb ramps.

2. The Project is planned and located in the manner that will be most compatible with the

greatest public good and least private injury.

During the Project Approval and Environmental Document (PA&ED) phase, the Project

Development Team developed a single Build Alternative that was deemed viable for the Project.

A No Build Alternative was also analyzed in the Project Study Report - Project Development

Support (PSR-PDS) phase and subsequent traffic studies. The No Build Alternative was

determined to not meet or satisfy the purpose and need of the Project, and will not reduce

existing and future traffic congestion. The proposed design minimizes the property required for

the Project, but still requires partial fee acquisitions, permanent road easements, public utility

easements, and temporary construction easements. Epic has had numerous communications with

the property owners about their needs in order to design the Project in a manner that causes the

least private injury while accomplishing the greatest public good through construction of the

Project.

3. The property interests sought to be acquired are necessary for the Project.

While most of the Project is being constructed within existing right-of-way, some acquisition

from private property is needed to allow for construction of the Project improvements and

required utility relocation. The following right-of-way interests are required from the properties

listed below:

Hospitality Property: A permanent road easement, two utility easements, and a

temporary construction easement are needed from the Hospitality Property.

The permanent road easement and temporary construction easement are needed for

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pavement in connection with the road widening and construction of the sidewalk, curb,

gutter and driveway improvements for continued access to the private property.

The public utility easements will allow for the relocation of various utilities to

accommodate the construction of the proposed Project improvements.

McDonald’s Property: A permanent road easement, utility easement and a temporary

construction easement are needed from the McDonald’s Property. The permanent road

easement and temporary construction easement are needed for pavement in connection

with the road widening and construction of the sidewalk, curb and gutter. The utility

easement will allow for the relocation of various utilities to accommodate the

construction of the proposed Project improvements.

Denny’s Property: A partial fee acquisition, two utility easements, the relinquishment of

access rights to a portion of the Denny’s Property’s frontage on Archibald Avenue, and a

temporary construction easement are needed from the Denny’s Property. The partial fee

acquisition and temporary construction easement are needed for pavement in connection

with the road widening and construction of the sidewalk, curb, gutter and driveway

improvements for continued access to the private property. The utility easements will

allow for the relocation of various utilities to accommodate the construction of the

proposed Project improvements. The relinquishment of access rights to a portion of the

Denny’s Property’s frontage on Archibald Avenue is needed to prevent ingress to and

egress from the Denny’s Property over that portion due to the close proximity of the

SR 60 eastbound on-ramp. The Denny’s Property will retain the right of access to the

existing driveway.

Kuzina Property: A partial fee acquisition, utility easement, the relinquishment of access

rights to a portion of the Kuzina Property’s frontage on Archibald Avenue, and temporary

construction easement are needed from the Kuzina Property. The partial fee acquisition

and temporary construction easement are needed for pavement in connection with the

road widening and construction of the sidewalk, curb, gutter, and driveway improvements

for continued access to the private property. The utility easement will allow for the

relocation of various utilities to accommodate the construction of the proposed Project

improvements. The relinquishment of access rights to a portion of the Kuzina Property’s

frontage on Archibald Avenue is needed to prevent ingress to and egress from the Kuzina

Property over that portion due to the close proximity of the SR 60 westbound on-ramp.

The Kuzina Property will retain the right of access to the existing driveway.

Park Property: A partial fee acquisition, the relinquishment of access rights to a portion

of the Park Property’s frontage on Archibald Avenue, and a utility easement are needed

from the Park Property. The partial fee acquisition and temporary construction easement

are needed for pavement in connection with the road widening and construction of the

sidewalk, curb, and gutter. The utility easement will allow for the relocation of various

utilities to accommodate the construction of the proposed Project improvements.

The relinquishment of access rights to a portion of the Park Property’s frontage on

Archibald Avenue is needed to prevent ingress to and egress from the Park Property over

that portion due to the close proximity of the SR 60 eastbound off-ramp. The Park

Property will retain the right of access to the existing driveway.

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Malkhasian Property: A temporary construction easement is needed from the Malkhasian

Property. The temporary construction easement is needed for pavement in connection

with the road widening and construction of the sidewalk, curb, and gutter.

4. Offers required by Section 7267.2 of the Government Code have been made to the

owner or owners of record.

The acquisitions required from the properties listed below were appraised and offers of Just

Compensation for the full amount of the appraisals were made to the owner or owners of record

in accordance with Section 7267.2 of the Government Code.

The offer for the Hospitality Property was presented on 8/23/2018.

The offer for the McDonald’s Property was presented on 8/23/2018.

The offer for the Denny’s Property was presented on 8/23/2018.

The offer for the Kuzina Property was presented on 8/23/2018.

The offer for the Park Property was presented on 8/23/2018.

The offer for the Malkhasian Property was presented on 8/23/2018.

Financial Impact:

This item is consistent with the Fiscal Year 2018/2019 Budget under Task No. 0830 Interchange

Projects, Sub-Task No. 0894 SR 60 Archibald Avenue Interchange.

Reviewed By:

This item was reviewed and recommended (9-0-0) to proceed to Hearings of Resolutions of

Necessity by the Board of Directors without a quorum of the Board present at the Board of

Directors Metro Valley Study Session on October 11, 2018. SBCTA General Counsel has

reviewed this item and the draft resolutions.

Responsible Staff:

Timothy Byrne, Project Delivery Manager

Approved

Board of Directors


Witnessed By:

9

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Attachment A

PowerPoint Presentation

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10/17/2018

1

ARCHIBALD AVENUE IMPROVEMENT PROJECT

RESOLUTION OF NECESSITY

FOR PROJECT RIGHT OF WAY

Presented by: Tim ByrneProject Delivery Manager

Board of DirectorsNovember 7, 2018

SBCTA Request

SBCTA IS REQUESTED TO MAKE THE FOLLOWING FINDINGS:

1. The public interest and necessity require theproposed project

2. The project is planned or located in a mannerthat will be most compatible with the greatestpublic good and the least private injury

3. The real property to be acquired is necessary forthe project

4. The offer of just compensation has been made tothe property owner

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10/17/2018

2

Project Location

Archibald Avenue Improvements

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10/17/2018

3

Parcel Locations

Hospitality PropertyAPN 1083-071-26

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10/17/2018

4

McDonald’s PropertyAPN 1083-071-10

Denny’s PropertyAPN 1083-071-04

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10/17/2018

5

Kuzina PropertyAPN 1083-011-01

Park PropertyAPN 1083-071-14

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10/17/2018

6

Malkhasian PropertyAPN 1083-011-05

Communication Summary

No. OwnershipDate of First Contact

In Person Meetings Mailings

Phone Contacts E‐Mails Total

B Hospitality Property 4/19/18 1 2 4 8 15C McDonald’s Property 4/19/18 1 2 3 4 10D Denny’s Property 4/19/18 2 2 2 9 15E Kuzina Property 4/19/18 1 2 4 4 11F Park Property 4/19/18 0 2 3 0 5G Malkhasian Property 4/19/18 0 4 3 8 15Communications as of October 4, 2018

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10/17/2018

7

Offers of Just Compensation

Item Ownership Offer DateB Hospitality Property 8/23/2018

C McDonald’s Property 8/23/2018

D Denny’s Property 8/23/2018

E Kuzina Property 8/23/2018

F Park Property 8/23/2018

G Malkhasian Property 8/23/2018

Staff Recommendation



2. The project is planned or located in a mannerthat will be most compatible with the greatestpublic good and the least private injury



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10/17/2018

8

Questions/Comments

THANK YOU

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RES 19-011 1344003.1

RESOLUTION NO. 19-011

A RESOLUTION OF THE SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY FINDING AND DETERMINING

THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE

ACQUISITION BY EMINENT DOMAIN OF INTERESTS IN CERTAIN

REAL PROPERTY FOR PUBLIC USE AND AUTHORIZING AND

DIRECTING CONDEMNATION OF PORTIONS OF ASSESSOR

PARCEL NUMBER 1083-071-26.

WHEREAS, the San Bernardino County Transportation Authority ("SBCTA") is

undertaking the Archibald Avenue Improvement Project (the "Project"); and

WHEREAS, the Project is intended to improve traffic and interchange operations by

making improvements to Archibald Avenue between East Oak Hill Drive and Monticello Place

near the State Route 60 ("SR-60") Interchange, including widened SR-60 ramps from Archibald

Avenue, new turn pockets onto the SR-60 ramps from Archibald Avenue, and improvements to

sidewalks, crosswalks and curb ramps along Archibald Avenue; and

WHEREAS, the Project requires the acquisition of property interests from public and

private parties; and

WHEREAS, the Project will be a transportation improvement project serving the public

interest; and

WHEREAS, California Public Utilities Code section 130809(b)(4), authorizes SBCTA

to exercise the power of eminent domain to acquire these property interests for public use by

condemnation; and

WHEREAS, portions of the real property located at 2425 S. Archibald Avenue, in the

City of Ontario, California (the "Subject Property") are required for the Project. The specific

portions of the Subject Property required for the Project include a permanent road easement as

legally described in and depicted in Exhibit "1" hereto, a public utility easement as legally

described and depicted in Exhibit "2" hereto, a public utility easement as legally described and

depicted in Exhibit "3" hereto, and a temporary construction easement as legally described and

depicted in Exhibit "4" hereto in a portion of the Subject Property (collectively, the "Property

Interests"); and

WHEREAS, reasonable vehicular and pedestrian access to and from the Subject

Property will be maintained at all times; and

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RES 19-011 1344003.1

WHEREAS, SBCTA communicated an offer of compensation to the owner or owners of

record for the acquisition of the Property Interests; and

WHEREAS, in accordance with section 1245.235 of the California Code of Civil

Procedure, SBCTA mailed a Notice of Hearing on the Intent of SBCTA to Adopt a Resolution of

Necessity for acquisition by eminent domain of the Property Interests. The Notice of Hearing

was mailed to the listed address of all persons whose names appear on the last equalized county

assessment roll as the owner or owners of the Subject Property; and

WHEREAS, SBCTA provided written notice to the City of Ontario as required by

subsection (c) of California Public Utilities Code section 130220.5; and

WHEREAS, the Project, including all amendments thereto, together with the staff

reports, environmental documents and all other evidence presented to SBCTA's Board of

Directors at the times the Project and the amendments thereto were adopted, are incorporated

herein by this reference and made a part hereof as though fully set forth herein; and

WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure,

SBCTA scheduled a hearing for November 7, 2018 at 10:00 a.m. at Santa Fe Depot---SBCTA

Lobby 1st Floor, 1170 W. 3rd Street, San Bernardino, California and gave to each owner or

owners whose property is to be acquired notice and a reasonable opportunity to appear at said

hearing and to be heard on the matters referred to in section 1240.030 of the California Code of

Civil Procedure; and

WHEREAS, said hearing has been held by SBCTA's Board of Directors and each person

whose property is to be acquired by eminent domain was afforded an opportunity to be heard on

those matters specified in SBCTA's notice of intention to conduct a hearing on whether or not to

adopt a Resolution of Necessity and referred to in section 1240.030 of the California Code of


WHEREAS, SBCTA may adopt a Resolution of Necessity pursuant to section 1240.040

of the California Code of Civil Procedure.

NOW, THEREFORE, BE IT RESOLVED, by at least a two-thirds vote of SBCTA's

Board of Directors under Code of Civil Procedure sections 1240.030 and 1245.230, SBCTA does

hereby find and determine as follows:

Section 1. Incorporation of Findings and Recitals. The above findings and recitals

are true and correct and are incorporated herein in full by this reference.

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RES 19-011 1344003.1

Section 2. Compliance with California Code of Civil Procedure. There has been

compliance by SBCTA with the requirements of section 1245.235 of the California Code of

Civil Procedure regarding notice and hearing.

Section 3. Public Use. The public use for which the interests in the property are to be

acquired is for the construction and future maintenance of the Project, a public transportation

improvement, as more fully described hereinabove. California Public Utilities Code section

130809(b)(4) authorizes SBCTA to acquire by eminent domain property and interests in property

necessary for such purpose and for all uses incidental or convenient thereto.

Section 4. Necessity.

(a) The proposed Project is necessary to enhance road safety, increase freeway

capacity, and improve traffic and interchange operations by making improvements to Archibald

Avenue between East Oak Hill Drive and Monticello Place near the State Route 60 ("SR-60")

Interchange, including widened SR-60 ramps from Archibald Avenue, new turn pockets onto the

SR-60 ramps from Archibald Avenue, and improvements to sidewalks, crosswalks and curb

ramps along Archibald Avenue; and

(b) The public interest and necessity require the acquisition by eminent domain

proceedings of the Property Interests.

Section 5. Description of Property Interests. The property interests sought to be

acquired are more particularly described and depicted in Exhibits "1" through "4" attached hereto

and incorporated herein by reference.

Section 6. Findings. SBCTA hereby finds, determines and declares each of the

following:

(a) The public interest and necessity require the proposed Project;

(b) The proposed Project is planned or located in the manner that will be most

compatible with the greatest public good and least private injury;

(c) The Property Interests sought to be acquired are necessary for the proposed

Project; and

(d) The offer required by section 7267.2 of the California Government Code has been

made to the owner or owners of record.

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RES 19-011 1344003.1

Section 7. Existing Public Use(s). Pursuant to sections 1240.510 and 1240.610 of the

Code of Civil Procedure, to the extent that any of the real property to be acquired is already

devoted to a public use, the use proposed by this Project is a more necessary public use than the

use to which the real property, or any portion thereof, is already devoted, or, in the alternative, is

a compatible public use which will not unreasonably interfere with or impair the continuance of

the public use to which the real property, or any portion thereof, is already devoted.

Section 8. Authority to Exercise Eminent Domain. SBCTA is hereby authorized and

empowered to acquire the Property Interests, described and depicted in Exhibits "1" through "4"

hereto, including the improvements thereon, if any, by eminent domain for the proposed Project.

Section 9. Further Activities. SBCTA's legal counsel ("Counsel") is hereby

authorized and empowered to acquire the Property Interests in the name of and on behalf of

SBCTA by eminent domain, and is authorized to institute and prosecute such legal proceedings

as may be required in connection therewith. Counsel is further authorized to take such steps as

may be permitted and required by law, and to make such security deposits as may be required by

law and/or order of court, to permit SBCTA to take possession of the Property Interests at the

earliest possible time.

Section 10. Effective Date. This Resolution of Necessity shall take effect upon

adoption.

Adopted by the San Bernardino County Transportation Authority on November 7, 2018 by the

following vote:

AYES:

NOES:

ABSENT:

_________________________________

James C. Ramos, Board President


ATTEST:

________________________________

Vicki Watson, Clerk of the Board


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RES 19-012 1344027.1



















interest; and



condemnation; and



portions of the Subject Property required for the Project include a permanent road easement as

legally described in and depicted in Exhibit "1" hereto, a public utility easement as legally

described and depicted in Exhibit "2" hereto, and a temporary construction easement as legally

described and depicted in Exhibit "3" hereto in a portion of the Subject Property (collectively,

the "Property Interests"); and

WHEREAS, reasonable vehicular and pedestrian access to and from the Subject

Property will be maintained at all times; and

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RES 19-012 1344027.1
































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RES 19-012 1344027.1






















following:





Project; and



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RES 19-012 1344027.1


















adoption.


following vote:

AYES:

NOES:

ABSENT:

_________________________________



ATTEST:

________________________________



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RES 19-013

1344044.1



















interest; and



condemnation; and



portions of the Subject Property required for the Project include a partial fee interest as legally

described in and depicted in Exhibit "1" hereto, a public utility easement as legally described and

depicted in Exhibit "2" hereto, a public utility easement as legally described and depicted in

Exhibit "3" hereto, a temporary construction easement as legally described and depicted in

Exhibit "4" hereto, and the relinquishment of abutter's rights, including access rights in a portion

of the Subject Property (collectively, the "Property Interests"); and

WHEREAS, abutter's rights, including access rights, will not be acquired over existing

driveways and reasonable vehicular and pedestrian access to and from the Subject Property will

be maintained at all times; and

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RES 19-013

1344044.1
































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RES 19-013

1344044.1






















following:





Project; and



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RES 19-013

1344044.1


















adoption.


following vote:

AYES:

NOES:

ABSENT:

_________________________________



ATTEST:

________________________________



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of 4 RES 19-014 1344042.1


A RESOLUTION OF THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF INTERESTS IN CERTAIN REAL PROPERTY FOR PUBLIC USE AND AUTHORIZING AND DIRECTING CONDEMNATION OF PORTIONS OF ASSESSOR PARCEL NUMBER 1083-011-01.

WHEREAS, the San Bernardino County Transportation Authority ("SBCTA") is undertaking the Archibald Avenue Improvement Project (the "Project"); and WHEREAS, the Project is intended to improve traffic and interchange operations by making improvements to Archibald Avenue between East Oak Hill Drive and Monticello Place near the State Route 60 ("SR-60") Interchange, including widened SR-60 ramps from Archibald Avenue, new turn pockets onto the SR-60 ramps from Archibald Avenue, and improvements to sidewalks, crosswalks and curb ramps along Archibald Avenue; and WHEREAS, the Project requires the acquisition of property interests from public and private parties; and WHEREAS, the Project will be a transportation improvement project serving the public interest; and WHEREAS, California Public Utilities Code section 130809(b)(4), authorizes SBCTA to exercise the power of eminent domain to acquire these property interests for public use by condemnation; and WHEREAS, portions of the real property located at 2380 S. Archibald Avenue, in the City of Ontario, California (the "Subject Property") are required for the Project. The specific portions of the Subject Property required for the Project include a partial fee interest as legally described in and depicted in Exhibit "1" hereto, a public utility easement as legally described and depicted in Exhibit "2" hereto, a temporary construction easement as legally described and depicted in Exhibit "3" hereto, and the relinquishment of abutter's rights, including access rights in a portion of the Subject Property (collectively, the "Property Interests"); and WHEREAS, abutter's rights, including access rights, will not be acquired over existing driveways and reasonable vehicular and pedestrian access to and from the Subject Property will be maintained at all times; and

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of 4 RES 19-014 1344042.1

WHEREAS, SBCTA communicated an offer of compensation to the owner or owners of record for the acquisition of the Property Interests; and WHEREAS, in accordance with section 1245.235 of the California Code of Civil Procedure, SBCTA mailed a Notice of Hearing on the Intent of SBCTA to Adopt a Resolution of Necessity for acquisition by eminent domain of the Property Interests. The Notice of Hearing was mailed to the listed address of all persons whose names appear on the last equalized county assessment roll as the owner or owners of the Subject Property; and WHEREAS, SBCTA provided written notice to the City of Ontario as required by subsection (c) of California Public Utilities Code section 130220.5; and WHEREAS, the Project, including all amendments thereto, together with the staff reports, environmental documents and all other evidence presented to SBCTA's Board of Directors at the times the Project and the amendments thereto were adopted, are incorporated herein by this reference and made a part hereof as though fully set forth herein; and

WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, SBCTA scheduled a hearing for November 7, 2018 at 10:00 a.m. at Santa Fe Depot---SBCTA Lobby 1st Floor, 1170 W. 3rd Street, San Bernardino, California and gave to each owner or owners whose property is to be acquired notice and a reasonable opportunity to appear at said hearing and to be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by SBCTA's Board of Directors and each person whose property is to be acquired by eminent domain was afforded an opportunity to be heard on those matters specified in SBCTA's notice of intention to conduct a hearing on whether or not to adopt a Resolution of Necessity and referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, SBCTA may adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure. NOW, THEREFORE, BE IT RESOLVED, by at least a two-thirds vote of SBCTA's Board of Directors under Code of Civil Procedure sections 1240.030 and 1245.230, SBCTA does hereby find and determine as follows: Section 1. Incorporation of Findings and Recitals. The above findings and recitals are true and correct and are incorporated herein in full by this reference.

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of 4 RES 19-014 1344042.1

Section 2. Compliance with California Code of Civil Procedure. There has been compliance by SBCTA with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 3. Public Use. The public use for which the interests in the property are to be acquired is for the construction and future maintenance of the Project, a public transportation improvement, as more fully described hereinabove. California Public Utilities Code section 130809(b)(4) authorizes SBCTA to acquire by eminent domain property and interests in property necessary for such purpose and for all uses incidental or convenient thereto. Section 4. Necessity. (a) The proposed Project is necessary to enhance road safety, increase freeway capacity, and improve traffic and interchange operations by making improvements to Archibald Avenue between East Oak Hill Drive and Monticello Place near the State Route 60 ("SR-60") Interchange, including widened SR-60 ramps from Archibald Avenue, new turn pockets onto the SR-60 ramps from Archibald Avenue, and improvements to sidewalks, crosswalks and curb ramps along Archibald Avenue; and (b) The public interest and necessity require the acquisition by eminent domain proceedings of the Property Interests. Section 5. Description of Property Interests. The property interests sought to be acquired are more particularly described and depicted in Exhibits "1" through "3" attached hereto and incorporated herein by reference. Section 6. Findings. SBCTA hereby finds, determines and declares each of the following: (a) The public interest and necessity require the proposed Project; (b) The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The Property Interests sought to be acquired are necessary for the proposed Project; and (d) The offer required by section 7267.2 of the California Government Code has been made to the owner or owners of record.

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of 4 RES 19-014 1344042.1

Section 7. Existing Public Use(s). Pursuant to sections 1240.510 and 1240.610 of the Code of Civil Procedure, to the extent that any of the real property to be acquired is already devoted to a public use, the use proposed by this Project is a more necessary public use than the use to which the real property, or any portion thereof, is already devoted, or, in the alternative, is a compatible public use which will not unreasonably interfere with or impair the continuance of the public use to which the real property, or any portion thereof, is already devoted. Section 8. Authority to Exercise Eminent Domain. SBCTA is hereby authorized and empowered to acquire the Property Interests, described and depicted in Exhibits "1" through "3" hereto, including the improvements thereon, if any, by eminent domain for the proposed Project. Section 9. Further Activities. SBCTA's legal counsel ("Counsel") is hereby authorized and empowered to acquire the Property Interests in the name of and on behalf of SBCTA by eminent domain, and is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Counsel is further authorized to take such steps as may be permitted and required by law, and to make such security deposits as may be required by law and/or order of court, to permit SBCTA to take possession of the Property Interests at the earliest possible time.

Section 10. Effective Date. This Resolution of Necessity shall take effect upon adoption. Adopted by the San Bernardino County Transportation Authority on November 7, 2018 by the following vote: AYES: NOES: ABSENT: _________________________________ James C. Ramos, Board President San Bernardino County Transportation Authority ATTEST: ________________________________ Vicki Watson, Clerk of the Board San Bernardino County Transportation Authority

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of 4 RES 19-015 1344037.1


A RESOLUTION OF THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF INTERESTS IN CERTAIN REAL PROPERTY FOR PUBLIC USE AND AUTHORIZING AND DIRECTING CONDEMNATION OF PORTIONS OF ASSESSOR PARCEL NUMBER 1083-071-14.

WHEREAS, the San Bernardino County Transportation Authority ("SBCTA") is undertaking the Archibald Avenue Improvement Project (the "Project"); and WHEREAS, the Project is intended to improve traffic and interchange operations by making improvements to Archibald Avenue between East Oak Hill Drive and Monticello Place near the State Route 60 ("SR-60") Interchange, including widened SR-60 ramps from Archibald Avenue, new turn pockets onto the SR-60 ramps from Archibald Avenue, and improvements to sidewalks, crosswalks and curb ramps along Archibald Avenue; and WHEREAS, the Project requires the acquisition of property interests from public and private parties; and WHEREAS, the Project will be a transportation improvement project serving the public interest; and WHEREAS, California Public Utilities Code section 130809(b)(4), authorizes SBCTA to exercise the power of eminent domain to acquire these property interests for public use by condemnation; and WHEREAS, portions of the real property located at 2395 S. Archibald Avenue, in the City of Ontario, California (the "Subject Property") are required for the Project. The specific portions of the Subject Property required for the Project include a partial fee interest as legally described in and depicted in Exhibit "1" hereto, a public utility easement as legally described and depicted in Exhibit "2" hereto, and the relinquishment of abutter's rights, including access rights in a portion of the Subject Property (collectively, the "Property Interests"); and WHEREAS, abutter’s rights, including access rights, will not be acquired over existing driveways and reasonable vehicular and pedestrian access to and from the Subject Property will be maintained at all times; and

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of 4 RES 19-015 1344037.1

WHEREAS, SBCTA communicated an offer of compensation to the owner or owners of record for the acquisition of the Property Interests; and WHEREAS, in accordance with section 1245.235 of the California Code of Civil Procedure, SBCTA mailed a Notice of Hearing on the Intent of SBCTA to Adopt a Resolution of Necessity for acquisition by eminent domain of the Property Interests. The Notice of Hearing was mailed to the listed address of all persons whose names appear on the last equalized county assessment roll as the owner or owners of the Subject Property; and WHEREAS, SBCTA provided written notice to the City of Ontario as required by subsection (c) of California Public Utilities Code section 130220.5; and WHEREAS, the Project, including all amendments thereto, together with the staff reports, environmental documents and all other evidence presented to SBCTA's Board of Directors at the times the Project and the amendments thereto were adopted, are incorporated herein by this reference and made a part hereof as though fully set forth herein; and


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of 4 RES 19-015 1344037.1

Section 2. Compliance with California Code of Civil Procedure. There has been compliance by SBCTA with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 3. Public Use. The public use for which the interests in the property are to be acquired is for the construction and future maintenance of the Project, a public transportation improvement, as more fully described hereinabove. California Public Utilities Code section 130809(b)(4) authorizes SBCTA to acquire by eminent domain property and interests in property necessary for such purpose and for all uses incidental or convenient thereto. Section 4. Necessity. (a) The proposed Project is necessary to enhance road safety, increase freeway capacity, and improve traffic and interchange operations by making improvements to Archibald Avenue between East Oak Hill Drive and Monticello Place near the State Route 60 ("SR-60") Interchange, including widened SR-60 ramps from Archibald Avenue, new turn pockets onto the SR-60 ramps from Archibald Avenue, and improvements to sidewalks, crosswalks and curb ramps along Archibald Avenue; and (b) The public interest and necessity require the acquisition by eminent domain proceedings of the Property Interests. Section 5. Description of Property Interests. The property interests sought to be acquired are more particularly described and depicted in Exhibits "1" and "2" attached hereto and incorporated herein by reference. Section 6. Findings. SBCTA hereby finds, determines and declares each of the following: (a) The public interest and necessity require the proposed Project; (b) The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The Property Interests sought to be acquired are necessary for the proposed Project; and (d) The offer required by section 7267.2 of the California Government Code has been made to the owner or owners of record.

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of 4 RES 19-015 1344037.1

Section 7. Existing Public Use(s). Pursuant to sections 1240.510 and 1240.610 of the Code of Civil Procedure, to the extent that any of the real property to be acquired is already devoted to a public use, the use proposed by this Project is a more necessary public use than the use to which the real property, or any portion thereof, is already devoted, or, in the alternative, is a compatible public use which will not unreasonably interfere with or impair the continuance of the public use to which the real property, or any portion thereof, is already devoted. Section 8. Authority to Exercise Eminent Domain. SBCTA is hereby authorized and empowered to acquire the Property Interests, described and depicted in Exhibits "1" and "2" hereto, including the improvements thereon, if any, by eminent domain for the proposed Project. Section 9. Further Activities. SBCTA's legal counsel ("Counsel") is hereby authorized and empowered to acquire the Property Interests in the name of and on behalf of SBCTA by eminent domain, and is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Counsel is further authorized to take such steps as may be permitted and required by law, and to make such security deposits as may be required by law and/or order of court, to permit SBCTA to take possession of the Property Interests at the earliest possible time.


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of 4 RES 19-016 1344000.1


A RESOLUTION OF THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF AN INTEREST IN CERTAIN REAL PROPERTY FOR PUBLIC USE AND AUTHORIZING AND DIRECTING CONDEMNATION OF A PORTION OF ASSESSOR PARCEL NUMBER 1083-011-05.

WHEREAS, the San Bernardino County Transportation Authority ("SBCTA") is undertaking the Archibald Avenue Improvement Project (the "Project"); and WHEREAS, the Project is intended to improve traffic and interchange operations by making improvements to Archibald Avenue between East Oak Hill Drive and Monticello Place near the State Route 60 ("SR-60") Interchange, including widened SR-60 ramps from Archibald Avenue, new turn pockets onto the SR-60 ramps from Archibald Avenue, and improvements to sidewalks, crosswalks and curb ramps along Archibald Avenue; and WHEREAS, the Project requires the acquisition of property interests from public and private parties; and WHEREAS, the Project will be a transportation improvement project serving the public interest; and WHEREAS, California Public Utilities Code section 130809(b)(4), authorizes SBCTA to exercise the power of eminent domain to acquire these property interests for public use by condemnation; and WHEREAS, a portion of the real property located at 2410 South Archibald Avenue, in the City of Ontario, California (the "Subject Property") is required for the Project. The specific portion of the Subject Property required for the Project includes a temporary construction easement as legally described and depicted in Exhibit "1" hereto in a portion of the Subject Property (the "Property Interest"); and WHEREAS, reasonable vehicular and pedestrian access to and from the Subject Property will be maintained at all times; and

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of 4 RES 19-016 1344000.1

WHEREAS, SBCTA communicated an offer of compensation to the owner or owners of record for the acquisition of the Property Interest; and WHEREAS, in accordance with section 1245.235 of the California Code of Civil Procedure, SBCTA mailed a Notice of Hearing on the Intent of SBCTA to Adopt a Resolution of Necessity for acquisition by eminent domain of the Property Interest. The Notice of Hearing was mailed to the listed address of all persons whose names appear on the last equalized county assessment roll as the owner or owners of the Subject Property; and WHEREAS, SBCTA provided written notice to the City of Ontario as required by subsection (c) of California Public Utilities Code section 130220.5; and WHEREAS, the Project, including all amendments thereto, together with the staff reports, environmental documents and all other evidence presented to SBCTA's Board of Directors at the times the Project and the amendments thereto were adopted, are incorporated herein by this reference and made a part hereof as though fully set forth herein; and


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of 4 RES 19-016 1344000.1

Section 2. Compliance with California Code of Civil Procedure. There has been compliance by SBCTA with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 3. Public Use. The public use for which the interests in the property are to be acquired is for the construction and future maintenance of the Project, a public transportation improvement, as more fully described hereinabove. California Public Utilities Code section 130809(b)(4) authorizes SBCTA to acquire by eminent domain property and interests in property necessary for such purpose and for all uses incidental or convenient thereto. Section 4. Necessity. (a) The proposed Project is necessary to enhance road safety, increase freeway capacity, and improve traffic and interchange operations by making improvements to Archibald Avenue between East Oak Hill Drive and Monticello Place near the State Route 60 ("SR-60") Interchange, including widened SR-60 ramps from Archibald Avenue, new turn pockets onto the SR-60 ramps from Archibald Avenue, and improvements to sidewalks, crosswalks and curb ramps along Archibald Avenue; and (b) The public interest and necessity require the acquisition by eminent domain proceedings of the Property Interest. Section 5. Description of Property Interest. The property interest sought to be acquired is more particularly described and depicted in Exhibit "1" attached hereto and incorporated herein by reference. Section 6. Findings. SBCTA hereby finds, determines and declares each of the following: (a) The public interest and necessity require the proposed Project; (b) The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The Property Interest sought to be acquired is necessary for the proposed Project; and (d) The offer required by section 7267.2 of the California Government Code has been made to the owner or owners of record.

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of 4 RES 19-016 1344000.1

Section 7. Existing Public Use(s). Pursuant to sections 1240.510 and 1240.610 of the Code of Civil Procedure, to the extent that any of the real property to be acquired is already devoted to a public use, the use proposed by this Project is a more necessary public use than the use to which the real property, or any portion thereof, is already devoted, or, in the alternative, is a compatible public use which will not unreasonably interfere with or impair the continuance of the public use to which the real property, or any portion thereof, is already devoted. Section 8. Authority to Exercise Eminent Domain. SBCTA is hereby authorized and empowered to acquire the Property Interest, described and depicted in Exhibit "1" hereto, including the improvements thereon, if any, by eminent domain for the proposed Project. Section 9. Further Activities. SBCTA's legal counsel ("Counsel") is hereby authorized and empowered to acquire the Property Interest in the name of and on behalf of SBCTA by eminent domain, and is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Counsel is further authorized to take such steps as may be permitted and required by law, and to make such security deposits as may be required by law and/or order of court, to permit SBCTA to take possession of the Property Interest at the earliest possible time.


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Minute Action

AGENDA ITEM: 10


Subject:

Hearing to Consider a Resolution of Necessity for Property Interests in the City of Ontario for

the Interstate 10 Corridor Contract 1 Project

Recommendation:


A. Conduct a public hearing to consider condemnation of interests in real property in the

City of Ontario required for the Interstate 10 (I-10) Corridor Contract 1 Project (the “Project”).




in real property for the Project from: LBA RV-Company I, LP (APN 0210-212-47) (hereinafter

“LBA RV-Company Property”). The Resolution must be approved by at least a two-thirds

majority.

Background:

On June 12, 2017, the San Bernardino County Transportation Authority (SBCTA) Board of

Directors approved Cooperative Agreement No. 17-1001736 with the California Department of

Transportation (Caltrans) for the Right of Way (ROW) and Design Build (DB) phase activities

for the Project, defining roles, responsibilities, and funding associated with the Design and ROW

phases, and specifying SBCTA as the lead agency for Project administration and funding.

The Board also authorized staff to proceed with voluntary acquisition of property necessary for

the Project from identified property owners, including relocation assistance, demolition of

existing structures, property management, disposal of excess property, environmental testing and

remediation; and authorized the Director of Project Delivery, or her designees, to implement the

Project ROW Acquisition Incentive Payment Program to expedite acquisition of necessary

property interests, consistent with the Federal Highway Administration, Caltrans guidelines and

applicable SBCTA policies and procedures. The Board also authorized the Director of Project

Delivery, or her designees, to add or delete such parcels to the list of properties as the Director

determines from time to time are necessary for the Project, provided they are environmentally

cleared.

The Project is being implemented through a DB contract, which requires that necessary ROW is

available to the DB contractor at prescribed milestones during the DB contract term.

Meeting the milestone dates for delivery of ROW packages is crucial in avoiding costly delays.

Throughout the environmental and preliminary engineering process, SBCTA and Caltrans have

made extensive efforts to simultaneously plan the Project and to minimize the impacts to

property owners and adjacent communities. These efforts include maintaining access to

properties during construction; use of retaining walls to minimize ROW needs; installation of

soundwalls to mitigate noise impacts; and undergrounding utilities. While most of the proposed

improvements are anticipated to be constructed within existing Caltrans ROW, some ROW from

a mix of both public and private land will be required to accommodate portions of the widening

and construction work.

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Resolutions of Necessity for the I-10 Corridor Contract 1 Project

In an effort to keep the Project schedule intact and comply with contractual obligations to the DB

contractor, it is necessary to comply with the statutorily–prescribed process for eminent domain

and conduct Hearings for a Resolution of Necessity for each property while negotiations

continue. Therefore, the purpose of this agenda item is to present information regarding the

public interest and necessity for the Project and the property interests that are needed.

Although adoption of a Resolution of Necessity is recommended for the subject property in order

to maintain the Project schedule and avoid delay costs, SBCTA’s acquisition agents will

continue to negotiate with the property owners in an effort to acquire the property interests

through a voluntary purchase and avoid litigation in the eminent domain process.

The owner of the one (1) property is:

LBA RV-Company I, LP, a Delaware limited partnership, successor by

conversion and who acquired title as LBA RV-Company, LLC, a Delaware

limited liability company.

Support for the Resolution of Necessity

SBCTA is authorized to acquire property by eminent domain pursuant to the California Public

Utilities Code Sections 130220.5 and 130809(b)(4). Eminent domain will allow SBCTA to

obtain legal rights to the property interests needed for the Project if a negotiated sale cannot be

reached. A Resolution of Necessity is the first step in the eminent domain process. Since the

process takes several months, it is necessary to start this process now to ensure that the property

interests are obtained to meet the scheduled start of construction in summer 2019 and to avoid

costly right-of-way delays.

In order to adopt Resolutions of Necessity, SBCTA must make the four findings discussed below

for each property interest. The issue of the amount of just compensation for this property interest

is not addressed by this Resolution of Necessity and is not to be considered at the hearing.

The four necessary findings are:

1. The public interest and necessity require the Project.

The I-10 Corridor Contract 1 Project is located in the Cities of Montclair, Upland, and Ontario.

The purpose of the Project is to improve traffic operations on the I-10 Corridor in

San Bernardino County to:

• Reduce congestion;

• Increase throughput;

• Enhance trip reliability; and

• Accommodate long-term congestion management of the corridor.

If no improvements are made to the freeway, the existing and future traffic congestion will likely

become worse with a potential of increased traffic delays and related accidents.

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Page 3


The Project limits which include transition areas extend from approximately 0.4 miles west of

White Avenue in the City of Pomona, in Los Angeles County to Interstate 15 (I-15), in

San Bernardino County. The Project will add one Express Lane in each direction from the

Los Angeles/San Bernardino County line to Haven Avenue to operate jointly with existing High

Occupancy Vehicle (HOV) lanes; and add two Express Lanes in each direction from Haven

Avenue to I-15. Additional work will be done to implement safety lighting and pavement

rehabilitation improvements to further enhance safety and improved traffic operations along the

I-10 corridor.

2. The Project is planned and located in the manner that will be most compatible with the

greatest public good and least private injury.

During the environmental phase of the Project, the proposed design was considered to minimize

the properties required for the Project, reducing the need from 263 properties to 196, and

eliminating seven potential full acquisitions. However, the Project still requires partial

acquisitions, temporary construction easements, and roadway easements. SBCTA’s acquisition

agents have had numerous communications with each of the property owners and design staff

about Project impacts in order to design the Project in a manner that causes the least private

injury while accomplishing the greatest public good. Some examples include constructing

retaining walls to minimize the additional area needed for the widening of the freeway,

installation of soundwalls to mitigate noise impacts, and maintaining access to properties during

construction of the Project.

3. The property interests sought to be acquired are necessary for the Project.

While portions of the Project are being constructed within existing right-of-way, acquisition of

the following property interest is needed from the property listed below:

LBA RV-Company Property: A temporary construction easement is needed

to accommodate and construct a concrete barrier.

4. Offers required by Section 7267.2 of the Government Code have been made to the

owner or owners of record.

The acquisition required from the property listed below was appraised and an offer for the full

amount of the appraisal was made to the owner or owners of record in accordance with Section

7267.2 of the Government Code.

The offer for the LBA RV-Company Property was presented on 7/25/18.

Upon completion of the Project, SBCTA will transfer property interests acquired for the Project

to Caltrans or to the City for those real property interests that will be incorporated into the State

Highway System or the City facility, respectively.

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Financial Impact:

This item is consistent with the Fiscal Year 2018/2019 budget under Task No. 0820 Freeway

Projects, Sub-Task No. 0823 I-10 Corridor Contract 1.

Reviewed By:

This item was reviewed and recommended (7-1-0; Opposed: Rutherford) to proceed to Hearings

of Resolutions of Necessity by the Board of Directors without a quorum of the Board present at

the Board of Directors Metro Valley Study Session on October 11, 2018. SBCTA General

Counsel has reviewed this item and the draft resolution.

Responsible Staff:

Paula Beauchamp, Director of Project Delivery and Toll Operations

Approved

Board of Directors


Witnessed By:

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Attachment A

PowerPoint Presentation

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10/25/2018

1

Presenter: Brenda SchimpfSBCTA Right-of-Way Advisor

I-10 CORRIDOR CONTRACT 1 PROJECT

RESOLUTION OF NECESSITYFOR PROJECT RIGHT-OF-WAY

Board of Directors Meeting

November 7, 2018

SBCTA Request


2. The project is planned or located in a manner thatwill be most compatible with the greatest publicgood and the least private injury




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2

I-10 Contract Improvements

Highway widening to provide two Express Lanes in each direction of I-10 from the LA/SBd County Line to I-10/I-15 interchange, including lane transitions

Reconstruct 8 bridges and widen 12 bridges

Reconstruct and/or modify interchange ramps, arterials, and retaining wall structures

Sound walls as required by the Environmental Document

APN 0210-212-47Total Square Footage: 4162LBA RV-Company I, LP

TCE: 4162 SF

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Communication Summary

No. Ownership

Date of First

ContactIn Person Meetings Mailings

Phone Contacts E‐Mails Total

B LBA RV‐Company I, LP – APN 0210‐212‐47 4/5/2018 2 0 2 10 11

Communications as of October 10, 2018


Item Ownership Offer Date

B LBA RV‐Company I, LP – APN 0210‐212‐47 7/25/18

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SBCTA ADOPT A RESOLUTION OF NECESSITY BASED ON THE FOLLOWING FINDINGS:


THANK YOU

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SBCTA ADOPT A RESOLUTION OF NECESSITY BASED ON THE FOLLOWING FINDINGS:


THANK YOU

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RES 19-020 1349118.1


A RESOLUTION OF THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF AN INTEREST IN CERTAIN REAL PROPERTY FOR PUBLIC USE AND AUTHORIZING AND DIRECTING CONDEMNATION OF A PORTION OF ASSESSOR PARCEL NO. 0210-212-47.

WHEREAS, the San Bernardino County Transportation Authority (“SBCTA”) is undertaking the Interstate 10 (“I-10”) Corridor Contract 1 Project (the “Project”); and WHEREAS, the Project is intended to reduce traffic congestion, enhance trip reliability, and accommodate long-term congestion management of the corridor by widening the mainline, making auxiliary lane and structure improvements and modifying interchange ramps and local arterials necessary to accommodate the installation of two Express Lanes in each direction from the Los Angeles/San Bernardino County Line to the I-10/15 Interchange; and WHEREAS, the Project requires the acquisition of property interests from public and private parties; and WHEREAS, the Project will be a transportation improvement project serving the public interest; and WHEREAS, California Public Utilities Code section 130809(b) authorizes SBCTA to exercise the power of eminent domain to acquire these property interests for public use by condemnation; and WHEREAS, a portion of the real property located at 3919 East Guasti Road, in the City of Ontario, California (the "Subject Property”) is required for the Project. The specific portion of the Subject Property required for the Project includes a temporary construction easement as legally described in Exhibit “A” and depicted in Exhibit “B” hereto (the “Property Interest”); and WHEREAS, reasonable vehicular and pedestrian access to and from the Subject Property will be maintained at all times; and WHEREAS, SBCTA communicated an offer of compensation to the owner or owners of record for the acquisition of the Property Interest; and

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RES 19-020 1349118.1

WHEREAS, in accordance with section 1245.235 of the California Code of Civil Procedure, SBCTA mailed a Notice of Hearing on the Intent of SBCTA to Adopt a Resolution of Necessity for acquisition by eminent domain of the Property Interest. The Notice of Hearing was mailed to the listed address of all persons whose names appear on the last equalized county assessment roll as the owner or owners of the Subject Property; and WHEREAS, SBCTA provided written notice to the City of Ontario as required by subsection (c) of California Public Utilities Code section 130220.5; and WHEREAS, the Project, including all amendments thereto, together with the staff reports, environmental documents and all other evidence presented to SBCTA’s Board of Directors at the times the Project and the amendments thereto were adopted, are incorporated herein by this reference and made a part hereof as though fully set forth herein; and

WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, SBCTA scheduled a hearing for November 7, 2018 at 10:00 a.m. at Santa Fe Depot-SBCTA Lobby 1st Floor, 1170 W. 3rd Street, San Bernardino, California and gave to each person whose property is to be acquired by eminent domain and whose name and address appears on the last equalized county assessment roll notice and a reasonable opportunity to appear at said hearing and to be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by SBCTA’s Board of Directors and each person whose property is to be acquired by eminent domain was afforded an opportunity to be heard on those matters specified in SBCTA’s notice of intention to conduct a hearing on whether or not to adopt a Resolution of Necessity and referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, SBCTA may adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure. NOW, THEREFORE, BE IT RESOLVED, by at least a two-thirds vote of SBCTA's Board of Directors under Code of Civil Procedure sections 1240.030 and 1245.230, SBCTA does hereby find and determine as follows: Section 1. Incorporation of Findings and Recitals. The above findings and recitals are true and correct and are incorporated herein in full by this reference.

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RES 19-020 1349118.1

Section 2. Compliance with California Code of Civil Procedure. There has been compliance by SBCTA with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 3. Public Use. The public use for which the interests in the property are to be acquired is for the construction and future maintenance of the Project, a public transportation improvement, as more fully described hereinabove. California Public Utilities Code section 130809(b)(4) authorizes SBCTA to acquire by eminent domain property and interests in property necessary for such purpose and for all uses incidental or convenient thereto. Section 4. Necessity. (a) The proposed Project is necessary to reduce traffic congestion, enhance trip reliability, and accommodate long-term congestion management of the corridor by widening the mainline, making auxiliary lane and structure improvements and modifying interchange ramps and local arterials necessary to accommodate the installation of two Express Lanes in each direction from the Los Angeles/San Bernardino County Line to the I-10/15 Interchange. (b) The public interest and necessity require the acquisition by eminent domain proceedings of the Property Interest. Section 5. Description of Property Interest. The Property Interest sought to be acquired is more particularly described and depicted in Exhibits “A” and “B” attached hereto and incorporated herein by reference. Section 6. Findings. SBCTA hereby finds, determines and declares each of the following: (a) The public interest and necessity require the proposed Project; (b) The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The Property Interest sought to be acquired are necessary for the proposed Project; and (d) The offer required by section 7267.2 of the California Government Code has been made to the owner or owners of record.

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RES 19-020 1349118.1

Section 7. Existing Public Use(s). Pursuant to sections 1240.510 and 1240.610 of the Code of Civil Procedure, to the extent that any of the real property to be acquired is already devoted to a public use, the use proposed by this Project is a more necessary public use than the use to which the real property, or any portion thereof, is already devoted, or, in the alternative, is a compatible public use which will not unreasonably interfere with or impair the continuance of the public use to which the real property, or any portion thereof, is already devoted. Section 8. Authority to Exercise Eminent Domain. SBCTA is hereby authorized and empowered to acquire the Property Interest, including the improvements thereon, if any, by eminent domain for the proposed Project. Section 9. Further Activities. SBCTA's legal counsel ("Counsel") is hereby authorized and empowered to acquire the Property Interest in the name of and on behalf of SBCTA by eminent domain, and is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Counsel is further authorized to take such steps as may be permitted and required by law, and to make such security deposits as may be required by law and/or order of court, to permit SBCTA to take possession of the Property Interest at the earliest possible time.

Section 10. Effective Date. This Resolution of Necessity shall take effect upon adoption. Adopted by the San Bernardino County Transportation Authority on November 7, 2018 by the following votes: AYES: NOES: ABSENT: _____________________________________ James C. Ramos, Board President San Bernardino County Transportation Authority _____________________________________ Vicki Watson, Clerk of the Board San Bernardino County Transportation Authority

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Minute Action

AGENDA ITEM: 11


Subject:

RPRP: Reject and Re-Advertise Construction Contract for Rail Storage and Maintenance Facility

Recommendation:


A. Reject all bids received for Construction Contract No. 18-1001882; the Redlands Passenger

Rail Project (RPRP) Rail Storage and Maintenance Facility (RSMF).

B. Authorize the Executive Director or designee to release Invitation for Bids (IFB) No. 19-

1002070 for construction of the RSMF, upon General Counsel’s approval as to form.

Background:

On July 11, 2018, the San Bernardino County Transportation Authority (SBCTA) Board

authorized the Executive Director or designee to issue Invitation for Bids (IFB) No. 18-1001882

for construction of the Rail Storage and Maintenance Facility (RSMF), upon SBCTA General

Counsel’s review and approval. The IFB was released on August 29, 2018.

The engineer’s cost estimate for the RSMF construction was $11,972,772. The project team

reviewed and validated the estimate before release of the IFB.

On October 16, 2018, SBCTA received two (2) bids from Structors, Inc. and OHL USA, Inc.

The following is a tabulation of the bids.

No. Item Description Unit Engineers

Estimate

Structors, Inc. OHL, USA, Inc.

1 Partnering Allowance $5,000.00 $5,000.00 $5,000.00

2 Dispute Review Board Allowance $20,000.00 $20,000.00 $20,000.00

3 All Construction;

including labor,

supervision and

materials as specified

Lump Sum $11,972,772.00 $24,525,000.00 $20,922,872.00

Total $11,997,772.00 $24,550,000.00 $20,947,872.00

The bids received ranged from 1.75 to 2.05 times higher than the engineer’s estimate. Staff

contacted non-bidders inquiring as to reasons for not submitting a bid; the responses indicated

that bids were not submitted because the market was saturated. This is a range that is

unreasonable and should be cause for these bids to be rejected. Staff is recommending the IFB be

modified and re-advertised.

The IFB will be reviewed by the project team to evaluate potential cost reduction ideas,

including possible modification of the period of performance without compromising

functionality of the facility or the delivery of the overall Redlands Passenger Rail Project. In

addition, the engineer’s cost estimate will be re-evaluated in comparison to similar projects that

have recently bid to determine if any adjustment is required. Although not anticipated, if any

upward adjustment is required, staff will seek Board approval before releasing the IFB.

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Page 2


The IFB shall be revised to include:

1) Cost for the full buildout of the RSMF

2) Alternates to allow for scalability of the costs

3) Release of the IFB during a time when the market is less saturated

Upon General Counsel’s approval as to form, staff anticipates re-advertising under Contract No.

19-1002070, for bid in December 2018 with the bid opening six (6) weeks after advertisement.

After evaluation of the bid package, this construction contract will be recommended for approval

based on verification of the lowest responsive/responsible bid in accordance with established

criteria.

Financial Impact:

This item is consistent with the SBCTA Fiscal Year 2018/2019 adopted budget.

Reviewed By:

This item has not received prior policy committee or technical advisory committee review.

SBCTA General Counsel and Procurement Manager have reviewed this item only, not the IFB.

The IFB will be reviewed by SBCTA General Counsel and Procurement Manager prior to

advertisement.

Responsible Staff:

Andres Ramirez, Chief of Transit and Rail Programs

Approved

Board of Directors


Witnessed By:

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Entity: San Bernardino Council of Governments

Minute Action

AGENDA ITEM: 12


Subject:

Generation Go Initiative and Career Pathways

Recommendation:

Receive the presentation on the Generation Go! Career Pathways Initiative and provide direction

to staff as appropriate.

Background:

Generation Go! Career Pathways is an initiative through the County Economic Development

Department which seeks to align education and careers countywide. Among the several goals of

the initiative is to align the work of K-12 school systems with community colleges, universities

and workforce development around the creation of an entire career pathways continuum which

begins in K-12 and extends into employment and career. This includes providing work-based

learning experiences to high school students and helping to make sure that our county’s youth

are ready to enter the workforce with the skills they need to compete.

San Bernardino Council of Governments (SBCOG) staff seeks direction on exploring ways to

partner with the County’s Economic Development Department on this initiative.

Financial Impact:

This item has no financial impact on the adopted Fiscal Year 2018/2019 Budget.

Reviewed By:

This item has not received prior policy committee or technical advisory committee review.

Responsible Staff:

Monique Reza-Arellano, Council of Governments Administrator

Approved

Board of Directors


Witnessed By:

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10/23/2018

1

Career Pathways

GenerationGo! is…

• San Bernardino County’s Workforce Innovation and Opportunity Act (WIOA) youth program.

• WIOA contract providers and WDD’s America’s Job Centers of California serve out‐of‐school youth across the county

• Career Pathways are collaborative partnerships to serve in‐school youth across the county

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Supporting Our Countywide Vision• Create, Maintain, and Grow Jobs and Economic Value in the County

• Pursue County Goals and Objectives by Working with Other Agencies

• Education Element Priorities:• Reduce number of high school and college drop outs

• Integrate educational institutions into economic development and job creation efforts

• Partner with all sectors of the community to support the success of every child from cradle to career

Workforce Development Board’s Workforce Roadmap

San Bernardino County is positioning itself to be a magnet region by committing to providing businesses a quality workforce

• Career Pathways are a key strategy to do this!

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What are we trying to do?

• Every youth in a career pathway gets a work‐based learning opportunity‐including internship!

• Co‐enrollment in a non‐credit work readiness Community College class

• Co‐enrollment in a for‐credit work experience class at Community College

• Industry recognized certification

What is Work‐Based Learning?

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Types of Career Pathways• Engineering

• Healthcare

• Information Technology

• Business / Entrepreneurship

• Hospitality

• Public Safety

• Manufacturing

• Construction

• Automotive

• And many others

Pilot Cohort• 14 students from Cajon High School

• Medical Assistant program

• Completed career readiness certificate at their school

• Completed for‐credit work experience class at Valley College

• Placed in internships at 4 different locations at Arrowhead Regional Medical Center

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Pilot Cohort

https://youtu.be/9uWupKPcP8Y

Second Cohort• 12 students from Sierra High School and San Andreas High School completed non credit career readiness course last school year or in summer school

• Currently enrolled in a for‐credit work experience class at Valley College

• Placed in internships at Garner‐Holt Productions, Inland Empire Lighthouse for the Blind, Premier Medical, and Peppertree Distributors, Inc.

• Two interns hired permanently

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Next Steps• 280 students placed next spring, 150 in the county

• Work readiness class starting in spring

• Expand to all 33 school districts and 32,000 High School Seniors!

Contact InfoMariann Johnson

Deputy Director

(909) 387‐9841

[email protected]

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ADDITIONAL INFORMATION

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BOARD OF DIRECTORS ATTENDANCE RECORD – 2018

X = member attended meeting. * = alternate member attended meeting. Empty box = Did not attend meeting Crossed out box = not a Board Member at the time. brdatt18 Page 1 of 2

Name Jan Feb March April May June July Aug DARK Sept Oct Nov Dec

Robert A. Lovingood Board of Supervisors X X X X X X X

Janice Rutherford Board of Supervisors X X X X X

James Ramos Board of Supervisors X X X X X X X

Curt Hagman Board of Supervisors X X X X X X X

Josie Gonzales Board of Supervisors X X X X X X X X

Rich Kerr City of Adelanto X X X X

Curt Emick Town of Apple Valley X X X X

Julie McIntyre City of Barstow X X X X X X X

Bill Jahn City of Big Bear Lake X X X X X X X

Eunice Ulloa City of Chino X X X X X * X X X Ray Marquez City of Chino Hills X X X X X X * X X

Frank Navarro City of Colton X X X X X X X X X

Acquanetta Warren City of Fontana X X X X X X X X X

Darcy McNaboe City of Grand Terrace X X X X X X X X X

Bill Holland City of Hesperia X X X X X X X X

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BOARD OF DIRECTORS ATTENDANCE RECORD – 2018

X = member attended meeting. * = alternate member attended meeting. Empty box = Did not attend meeting Crossed out box = not a Board Member at the time. brdatt18 Page 2 of 2

Name Jan Feb March April May June July Aug DARK Sept Oct Nov Dec

Larry McCallon City of Highland X X X X X X X X

Rhodes ‘Dusty’ Rigsby City of Loma Linda X X X X X X X X X

John Dutrey City of Montclair X X X X X X X X X Edward Paget City of Needles X X X X X X X X X

Alan Wapner City of Ontario X X X X X X X X X

L. Dennis Michael City of Rancho Cucamonga X X X X * X X X X

Jon Harrison City of Redlands X X X * X * * * *

Deborah Robertson City of Rialto X X X X X

R. Carey Davis City of San Bernardino X X X X X X X X X

Joel Klink City of Twentynine Palms X X X X X X X X X

Debbie Stone City of Upland X X X * X * X X

Jim Kennedy City of Victorville X X X David Avila City of Yucaipa X X X X X X X

Rick Denison Town of Yucca Valley X X X X X X X X X

John Bulinski Ex-Official Member X X X Christy

Conners X Syed Raza X Janice

Benton

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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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AGENCY REPORTS

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REPORT: Mobile Source Air Pollution Reduction Review Committee FROM: Larry McCallon, SBCTA Representative to the MSRC SYNOPSIS: Below is a summary of key issues addressed at the MSRC’s meeting

on September 20, 2018. The next meeting is scheduled for Thursday, October 23, 2018, at 10:00 a.m., in Conference Room CC8.

FYs 2016-18 Hydrogen Infrastructure Partnership Program In March 2018, the MSRC approved release of Program Opportunity Notice (PON) for the Hydrogen Infrastructure Partnership Program under the FYs 2016-18 Work Program. The PON, with an initial targeted funding level of $3,000,000, seeks to expand the availability of hydrogen refueling as a means to accelerate the deployment of large numbers of zero emission hydrogen vehicles. The intent is to provide funding that can be used to improve the financial viability of a candidate hydrogen refueling station that has either already undergone vetting by one of the lead agencies for hydrogen stations, or is being proposed by a public agency or industry stakeholder that will undergo evaluation by the MSRC, California Energy Commission, or SCAQMD. In order to allow adequate time for technologically sophisticated refueling station designs and potentially complex station implementation partnerships to be forged, the PON includes an open application period commencing with its release on April 6, 2018, and closing April 10, 2020. The MSRC considered recommendations concerning a proposal submitted by SCAQMD on behalf of its infrastructure site partner, the University of California, Irvine (UCI). The project would significantly expand the capacity of the existing hydrogen station at UCI from 180 kg/day to more than 800 kg/day, and increase the number of available fueling positions from one to four. The SCAQMD Governing Board is also expected to consider additional funding for this project from the Clean Fuels Program at their October 5, 2018 meeting. The MSRC approved a contract award to the Regents of the University of California in an amount not to exceed $1,000,000 as part of the Hydrogen Infrastructure Partnership Program under the FYs 2016-18 Work Program. This contract award will be considered by the SCAQMD Board at its October 5, 2018 meeting. FYs 2016-18 Local Government Partnership Program The MSRC approved the release of Local Government Partnership PON2018-01 under the FYs 2016-18 Work Program. The Invitation to Negotiate (ITN), with a targeted funding level of $21,180,650, focuses on providing funds for projects to support SCAQMD’s 2016 AQMP. Cities and counties which have opted into the AB 2766 motor

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vehicle registration surcharge fee program are eligible to participate. The majority of participants would be allocated maximum funding equivalent to their annual AB 2766 Subvention Fund allocation; however, those whose annual Subvention Fund allocation is less than $50,000 would be eligible to receive a maximum of $50,000, and the maximum allocation for any single city or county would be $3,000,000. MSRC funding could be used for light-duty zero emission vehicle purchases and leases, medium- and heavy-duty zero emission vehicle purchases, near-zero emission heavy-duty alternative fuel vehicle purchases and repower, electric vehicle charging station installation, and construction or expansion of alternative fuel refueling infrastructure, subject to match funding requirements as outlined in the ITN. Additionally, those jurisdictions eligible for a maximum contribution of $50,000 would have the option to pursue traffic signal synchronization, bicycle active transportation, and first mile/last mile strategies. The ITN includes an open application period commencing with its release on September 1, 2017, and closing August 2, 2018. The MSRC previously approved awards totaling $10,897,172 in response to this solicitation. The MSRC approved forty-eight additional awards totaling $5,100,575 as part of the FYs 2016-18 Work Program, as follows:

a. A contract with the City of La Puente in an amount not to exceed $52,800 to procure one light-duty zero-emission vehicle and one heavy-duty zero-emission vehicle and install at least one electric vehicle charging station;

b. A contract with the City of Aliso Viejo in an amount not to exceed $65,460 to procure up to two light-duty zero-emission vehicles and install at least seven electric vehicle charging stations;

c. A contract with the City of Yucaipa in an amount not to exceed $63,097 to install at least six electric vehicle charging stations;

d. A contract with the City of Lake Forest in an amount not to exceed $106,480 to install at least twenty-one electric vehicle charging stations;

e. A contract with the City of Los Angeles in an amount not to exceed $19,294 to procure up to three light-duty zero-emission vehicles;

f. A contract with the City of Montclair in an amount not to exceed $50,000 to procure a light-duty zero-emission vehicle and install at least eight electric vehicle charging stations;

g. A contract with the City of Rancho Mirage in an amount not to exceed $50,000 for traffic signal synchronization;

h. A contract with the City of Los Angeles in an amount not to exceed $290,000 to procure up to five medium-duty zero-emission vehicles;

i. A contract with the City of Azusa in an amount not to exceed $55,000 to procure up to three light-duty zero-emission vehicles and one heavy-duty near-zero-emission vehicle;

j. A contract with the City of Orange in an amount not to exceed $42,500 to procure up to four light-duty zero-emission vehicles and install at least one electric vehicle charging station;

k. A contract with the City of Wildomar in an amount not to exceed $50,000 to install a bicycle trail;

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l. A contract with the City of La Canada Flintridge in an amount not to exceed $50,000 to install at least four electric vehicle charging stations and install bicycle racks;

m. A contract with the City of Calimesa in an amount not to exceed $50,000 to install a bicycle lane;

n. A contract with the City of Bell Gardens in an amount not to exceed $50,000 to procure up to two heavy-duty near-zero-emission vehicles;

o. A contract with the City of Rolling Hills Estates in an amount not exceed $40,000 to procure one light-duty zero-emission vehicle and install at least two electric vehicle charging stations;

p. A contract with the City of La Quinta in an amount not to exceed $51,780 to install at least two electric vehicle charging stations;

q. A contract with the City of La Habra in an amount not to exceed $80,700 to install at least two electric vehicle charging stations;

r. A contract with the City of Fontana in an amount not to exceed $269,090 to install at least twelve electric vehicle charging stations;

s. A contract with the City of Los Angeles in an amount not to exceed $1,400,000 to provide one hundred rebates to purchasers of zero-emission taxi vehicles and to procure up to eleven heavy-duty zero-emission vehicles;

t. A contract with the City of South Gate in an amount not to exceed $127,400 to procure up to five light-duty zero-emission vehicles and to install at least three electric vehicle charging stations;

u. A contract with the City of Palm Springs in an amount not to exceed $60,000 to install at least eighteen electric vehicle charging stations;

v. A contract with the City of San Dimas in an amount not to exceed $50,000 to implement a bike share program;

w. A contract with the City of Sierra Madre in an amount not to exceed $50,000 to implement a bike share program;

x. A contract with the City of South El Monte in an amount not to exceed $20,000 to implement a bike share program;

y. A contract with the County of San Bernardino in an amount not to exceed $200,000 to procure up to eight heavy-duty near-zero-emission vehicles;

z. A contract with the San Bernardino County Flood Control District in an amount not to exceed $108,990 to procure up to five heavy-duty near-zero-emission vehicles;

aa. A contract with the City of Cathedral City in an amount not to exceed $52,215 to install at least two electric vehicle charging stations;

bb. A contract with the City of Hemet in an amount not to exceed $30,000 to procure up to two light-duty zero-emission vehicles and install at least one electric vehicle charging station;

cc. A contract with the City of Claremont in an amount not to exceed $50,000 to install at least two electric vehicle charging stations;

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dd. A contract with the City of Covina in an amount not to exceed $63,800 to procure up to four light-duty zero-emission vehicles and install at least two electric vehicle charging stations;

ee. A contract with the City of Los Angeles in an amount not to exceed $85,000 to procure a medium-duty zero-emission vehicle;

ff. A contract with the City of Inglewood in an amount not to exceed $146,000 to procure up to four light-duty zero-emission vehicles and four heavy-duty near-zero-emission vehicles and install at least six electric vehicle charging stations;

gg. A contract with the City of Rialto in an amount not to exceed $135,980 to procure up to nine light-duty zero-emission vehicles and install at least six electric vehicle charging stations;

hh. A contract with the City of Irwindale in an amount not to exceed $14,263 to procure up to two light-duty zero-emission vehicles;

ii. A contract with the City of Indio in an amount not to exceed $50,000 to procure one light-duty zero-emission vehicle and one heavy-duty near-zero-emission vehicle and install at least two electric vehicle charging stations;

jj. A contract with the City of Costa Mesa in an amount not to exceed $148,210 to procure up to three light-duty zero-emission vehicles and install at least five electric vehicle charging stations;

kk. A contract with the City of San Clemente in an amount not to exceed $85,000 to procure up to four light-duty zero-emission vehicles and install at least two electric vehicle charging stations;

ll. A contract with the City of Pomona in an amount not to exceed $200,140 to procure up to three heavy-duty zero-emission vehicles;

mm. A contract with the City of Baldwin Park in an amount not to exceed $49,030 to expand their existing CNG station;

nn. A contract with the City of Placentia in an amount not to exceed $25,000 to procure a heavy-duty near-zero-emission vehicle;

oo. A contract with the City of Beverly Hills in an amount not to exceed $50,000 to procure up to two heavy-duty near-zero-emission vehicles;

pp. A contract with the City of Maywood in an amount not to exceed $7,059 to install at least two electric vehicle charging stations;

qq. A contract with the City of Alhambra in an amount not to exceed $111,980 to install at least twelve electric vehicle charging stations;

rr. A contract with the City of Laguna Niguel in an amount not to exceed $85,100 to procure up to two light-duty zero-emission vehicles and install at least four electric vehicle charging stations;

ss. A contract with the City of El Monte in an amount not to exceed $119,757 to procure a heavy-duty zero-emission vehicle and install at least two electric vehicle charging stations;

tt. A contract with the City of Huntington Park in an amount not to exceed $65,450 to procure a heavy-duty zero-emission vehicle;

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uu. A contract with the City of Manhattan Beach in an amount not to exceed $49,000 to procure up to two light-duty zero-emission vehicles and install at least fourteen electric vehicle charging stations; and

vv. A contract with the City of Bell in an amount not to exceed $25,000 to procure a heavy-duty near-zero-emission vehicle.

These contract awards will be considered by the SCAQMD Board at its October 5, 2018 meeting. Contract Modification Requests/Replacement Contract The MSRC considered four contract modification requests and took the following actions:

1. For Riverside County Regional Park and Open Space District, Contract #ML14021, which provides $250,000 for bicycle train improvements;

2. For San Fernando, Contract #ML14062, which provides $387,091 to expand existing CNG station; and

3. For Riverside County Transportation, Contract #MS16082, which provides extended freeway service patrol service, due to the expiration of the prior contract, authorize a replacement contract to complete the scope of work.

Received and Approved Final Reports The MSRC received and unanimously approved a final report summary this month as follows:

1. Nasa Services, Inc, #MS16102, which provided $100,000 to construct limited access CNG fueling station.

Contracts Administrator’s Report The MSRC’s AB 2766 Contracts Administrator provides a written status report on all open contracts from FY 2004-05 through the present.

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COMMITTEE MEMBERSHIP

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May 11, 2018 San Bernardino County Transportation Authority (SBCTA) Representatives on SCAG Committees

Page 1 of 1

SBCTA Reps on SCAG

APPOINTING/ELECTING AUTHORITY REGIONAL COUNCIL (12:15 p.m.)

POLICY COMMITTEES (Regional Council Members Serve on One Each)

(Subregional Appointments) (County Commissions Appoint One to TC)

(10:00 a.m.) Community, Economic,

and Human Development

Energy and

Environment Transportation

District 6 (Grand Terrace, Colton, Loma Linda, Redlands, Yucaipa) F. Navarro F. Navarro District 7 (San Bernardino, Highland) J. Mulvihill J. Mulvihill District 8 (Rialto, Fontana) D. Robertson D. Robertson District 9 (Rancho Cucamonga, Upland, Montclair) L. Michael L. Michael District 10 (Chino, Chino Hills, Ontario) R. Marquez R. Marquez District 11 (Barstow, Big Bear, Needles, Twentynine Palms, Yucca Valley) B. Jahn B. Jahn District 65 (Adelanto, Apple Valley, Hesperia, Victorville) B. Stanton B. Stanton San Bernardino County C. Hagman C. Hagman †San Bernardino County Transportation Authority Appointee A. Wapner A. Wapner SBCTA Subregional Appointees* *One appointee to each policy committee for a total of three appointees per subregion, plus one additional appointee for every SCAG District over three in the subregion. SBCTA has a total of seven subregional appointees to the policy committees.

Julie McIntyre David Avila Ed Paget

Diane Williams Cynthia Moran Vacant

L. McCallon

Rules of Appointment 1. SBCTA policy stipulates that all SBCTA appointees be SBCTA Board Members. 2. SCAG President appoints Regional Council members to Standing and Policy Committees.

Terms of Appointment Terms of appointment are two years, commencing on adjournment of the annual General Assembly in May of each year. Even-numbered District representatives’ terms expire in even-numbered years; odd-numbered District representatives expire in odd-numbered years. †SBCTA Regional Council Representative serves a two-year term from the date of appointment.

Stipend Summary SCAG Regional Council members receive a $120 stipend for attendance and travel to SCAG sponsored meetings. Regional Council members may also receive reimbursement for public transit expenses or a mileage reimbursement. Parking is validated at SCAG’s downtown Los Angeles office for RC members. RC members are eligible to receive up to six (6) per diem stipends per month. Both RC members and Subregional Appointees, if eligible, may receive reimbursement ($150 + taxes) for lodging (please review SCAG rules before making expenditure). Subregional Appointees shall receive a $120 stipend for up to four Policy or Task Force meetings per month.

Meeting Information The regular meetings of SCAG Regional Council and Policy Committees are on the 1st Thursday of each month at the SCAG offices located at 900 Wilshire Blvd., Ste. 700, Los Angeles. Generally, the Policy Committee meetings start at 10 AM and Regional Council meetings start at 12:15 PM.

Policy Committees Community, Economic, and Human Development: Provides policy recommendations to the Regional Council on subjects of housing, land use, resource, economic, community development, infrastructure, employment, and regional disaster preparedness issues. Reviews and recommends to the Planning Committee revisions to the Housing, Economy, Growth Management, Human Resources, and Finance Chapters of the Regional Comprehensive Plan and Guide. Energy and Environment: Acts as the policy advisory committee to the Regional Council on environmental issues, including air and water, hazardous, solid waste management, natural resources conservation, and energy conservation Reviews the Environmental Impact Report of the Regional Comprehensive Plan and Guide. Provides recommendations to the Planning Committee on state and federal legislative proposals and administrative guidelines affecting environmental quality, resource conservation. Transportation: Acts as the policy advisory committee to the Regional Council on all regional matters pertaining to the movement of goods and people on land, water, and air. Reviews and recommends to the Regional Council all major utility development plans. Addresses the location, size, or capacity, timing, and impact of facilities.

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October 4, 2018 Appointments to External Agencies Page 1 of 2

SBCTA Appointments to External Agencies

The San Bernardino County Transportation Authority (SBCTA) and San Bernardino Council of Governments (SBCOG) work closely with not only the County and cities within the

County of San Bernardino, but with a number of regional governments that relate to the multiple counties within the Southern California region. Members of the SBCTA Board of

Directors frequently take active roles in representing the interests of San Bernardino County on these regional bodies. This participation provides assurance that the unique needs and

characteristics of San Bernardino County are taken into consideration as policies are developed which impact this County and its individual local government units. Active

participation in regional organizations further promotes the interests of San Bernardino County and secures its appropriate role in the Southern California region.

The following table lists some of the regional bodies upon which SBCTA and SBCOG representatives serve.

Committee Appointee Appointing Authority Purpose Term

California Association of

Councils of Governments

Alan Wapner, Ontario President CALCOG facilitates communication and information sharing among

its members. Most members of CALCOG are Councils of

Governments (COGs), while some are transportation commissions

and others are the large Metropolitan Planning Organizations like

SCAG and SANDAG. CALCOG is governed by a Board of

Directors comprised of a representative from each member’s Board of

Directors.

12/31/18

Inland Empire Economic

Partnership (IEEP)

Dennis Michael, Rancho Cucamonga President The IEEP is a partnership that includes business, government and

academic leaders to develop and carry out initiatives to benefit the

region.

The Sam and Alfreda L.

Maloof Foundation for

Arts and Crafts

Janice Rutherford, Supervisor Board of Directors A non-profit corporation that participates in the preparation of the

Conservation Plan and oversees the activities and assets of the

Foundation. A payment of stipend for participation has not been

authorized.

12/31/19

Gold Line Phase II Joint

Powers Authority

John Dutrey, Montclair, Primary

Curt Hagman, Supervisor, Alternate

Board of Directors The Gold Line Phase II Construction Authority is a Joint Powers

Authority (JPA) formed by 14 cities along the corridor and SBCTA.

The JPA serves as a forum for the review, consideration, study,

development and recommendation of policies and plans for the

extension of the Gold Line from Pasadena to Montclair. Members

receive $150 payment from Gold Line Authority for participation.

12/31/19

12/31/18

Metro Gold Line Foothill

Extension Construction

Authority

Alan Wapner, Ontario, Primary

Deborah Robertson, Alternate

President The Authority is responsible for the development of a light rail

project from the City of Los Angeles into San Bernardino County.

The Authority board meets on the second and fourth Wednesday of

the month at 7:00 p.m. at the Authority’s office in Monrovia.

Members receive $150 for each day spent on Authority business, not

to exceed $600 per month.

12/31/18

12/31/18

Mobile Source Air

Pollution Reduction

Review Committee

Larry McCallon, Highland, Primary

Vacant, Alternate

Board of Directors Develops and implements work programs which reduce mobile

source emissions, funded by AB2766 (portion of the $4 motor vehicle

registration fee). County Commissions, SCAQMD, and ARB have

one appointment with alternates. In April 2005, SBCTA authorized a

stipend of $100 per day. The MSRC meets once a month on

Thursdays at 2:00 p.m. at South Coast Air Quality Management

District in Diamond Bar.

12/31/18

12/31/18

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October 4, 2018 Appointments to External Agencies Page 2 of 2

SBCTA Appointments to External Agencies

Committee Appointee Appointing Authority Purpose Term

One Water One Watershed

(OWOW) Steering

Committee of the Santa

Ana Watershed Project

Authority

Vacant Board of Directors Responsible for developing the integrated Regional Water

Management Plan for the Santa Ana River.

The term of the appointment is for four years for a city representative

from San Bernardino County.

Officers leaving elected office after appointment are still eligible to

serve. Beginning January 2016, the OWOW meets on the 4th

Thursday of every other month at 11:00 a.m. at the Santa Ana

Watershed Project Authority (SAWPA).

12/31/19

SCAG Policy Committees See associated table. The Board has

authorized the President

to make appointments to

SCAG Policy

Committees.

SBCTA also has authority to appoint up to seven appointees to the

three SCAG Policy Committees: i.e., Community Economic and

Human Development, Energy and Environment, and Transportation.

SCAG pays appointees to policy committees a stipend of $120 per

meeting.

See associated

table –Representatives on SCAG

Committees

Southern California

Regional Rail Authority

Alan Wapner, Ontario, Primary

Larry McCallon, Highland, Primary

R. Carey Davis, San Bernardino, Alternate

Ray Marquez, Chino Hills, Alternate

Board of Directors

(Recommendation made

by the Transit

Committee)

SCRRA serves as the governing body for Metrolink, the regional

commuter rail system serving the five Southern California Counties.

Members receive payment of $100 per day from SCRRA for

participation.

Indefinite

SR 91 Advisory

Committee

Ray Marquez, Chino Hills, Ex-Officio Member Board of Directors The Committee reviews issues and makes recommendations to OCTA

regarding the transportation facilities acquired, including tolls

imposed, operations, maintenance, use of toll revenues, and

improvements in the area of SR 91 between I-15 and SR 55, including

the identification and siting of alternate highways.

SBCTA has not authorized payment of stipend for participation.

12/31/20

California Vanpool

Authority (CalVans)

Rick Denison, Yucca Valley, Primary

Vacant, Alternate,

President CalVans is a Joint Powers Authority (JPA) public transit agency that

operates in 13 California urbanized areas including Riverside,

Imperial, Ventura and Kern counties. Board meetings occur the

second Thursday of each month at 10 a.m.

12/31/20

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August 28, 2018 Page 1 of 5

San Bernardino County Transportation Authority (SBCTA) Policy Committee Membership

COMMITTEE PURPOSE MEMBERSHIP TERMS

General Policy Committee

Membership consists of the following:

SBCTA President, Vice President, and

Immediate Past President

4 East Valley (3 City, 1 County)

4 West Valley (3 City, 1 County)

4 Mt/Desert (3 City, 1 County)

City members shall be SBCTA Board

Members elected by caucus of city

SBCTA Board Members within the

subarea.

Policy Committee and Board Study

Session Chairs are members of this

policy committee.

All City members serving as Board

officers, Committee chairs, or Board

Study Session Chair, are counted toward

their subareas City membership.

Supervisors collectively select their

representatives.

The SBCTA Vice President shall serve as

Chair of the General Policy Committee.

Makes recommendations to Board of Directors and:

(1) Provides general policy oversight which spans the

multiple program responsibilities of the organization and

maintains the comprehensive organization integrity;

(2) Provides policy direction with respect to administrative

issues, policies, budget, finance, audit, and personnel

issues for the organization;

(3) Serves as policy review committee for any program area

that lacks active policy committee oversight.

Committee has authority to approve contracts in excess of

$25,000 with notification to the Board of Directors.

(Brown Act)

West Valley

Alan Wapner, Ontario (Past President)

L. Dennis Michael, Rancho Cucamonga

Acquanetta Warren, Fontana

Curt Hagman, Supervisor

East Valley

Frank Navarro, Colton (Chair MVSS)

Darcy McNaboe, Grand Terrace (Vice President/Chair)

Larry McCallon, Highland

James Ramos, Supervisor (President/Vice Chair)

Mountain/Desert

Bill Jahn, Big Bear Lake (Chair TC)

Joel Klink, Twentynine Palms

Julie McIntyre, Barstow (Chair MDC)

Robert A. Lovingood, Supervisor

6/30/2019

6/30/2019

6/30/2019

6/30/2019

6/30/2019

6/30/2019

6/30/2019

6/30/2019

6/30/2019

6/30/2019

6/30/2019

6/30/2019

Transit Committee

Membership consists of 11 SBCTA

Board Members:

9 Valley-members, two being Southern

California Regional Rail Authority

(SCRRA) primary (*) and two being

SCRRA alternate (**) members.

2 Mountain/Desert Board Members who

serve on the Board of a Mountain/Desert

transit agency.

SCRRA members and alternates serve

concurrent with their term on the SCRRA

Board of Directors as appointed by the

SBCTA Board.

Other members are appointed by the

SBCTA President for 2-year terms.

Provides policy guidance and recommendations to the

SBCTA Board of Directors and Southern California Regional

Rail Authority (SCRRA) delegates with respect to commuter

rail and transit service.

* SCRRA Primary Member

** SCRRA Alternate Member

*** Board approved Transit Committee appointment

concurrent with SCRRA appointment

(Brown Act)

Bill Jahn, Big Bear Lake (Chair)

L. Dennis Michael, Rancho Cucamonga (Vice Chair)

Frank Navarro, Colton


Larry McCallon, Highland*

David Avila, Yucaipa

Deborah Robertson, Rialto

Alan Wapner, Ontario*

R. Carey Davis, San Bernardino**


Ray Marquez, Chino Hills***

12/31/2018 (6/30/2019)

12/31/2019 (6/30/2019)

12/31/2019

12/31/2018

Indeterminate

12/31/2018

12/31/2018

Indeterminate

Indeterminate

12/31/2019

Indeterminate

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San Bernardino County Transportation Authority (SBCTA) Policy Committee Membership


Mountain/Desert Committee

Membership consists of 12 SBCTA Board Members from each Mountain/Desert jurisdiction and County Supervisors representing the First, Second, and Third Districts.

Provides ongoing policy level oversight related to the full array of SBCTA responsibilities as they pertain specifically to the Mountain/Desert subregion.

The Committee also meets as the Mountain/Desert Measure I Committee as it carries out responsibilities for Measure I Mountain/Desert Expenditure Plan.

(Brown Act)

Julie McIntyre, Barstow (Chair)

Rick Denison, Yucca Valley (Vice Chair)

Bill Holland, Hesperia

Curt Emick, Apple Valley

Bill Jahn, Big Bear Lake

Rich Kerr, Adelanto

Joel Klink, Twentynine Palms

Jim Kennedy, Victorville

Edward Paget, Needles




Indeterminate (6/30/2019)

Indeterminate (6/30/2019)

Indeterminate

Indeterminate

Indeterminate

Indeterminate

Indeterminate

Indeterminate

Indeterminate

Indeterminate

Indeterminate

Indeterminate

Policy Committee Meeting Times General Policy Committee Second Wednesday, 9:00 a.m., SBCTA Office

Transit Committee Second Thursday (following the Board of Directors meeting), 9:00 a.m., SBCTA Office

Mountain/Desert Committee Third Friday, 9:30 a.m., Victorville, CA

Board of Directors Study Sessions for Metro Valley Issues

STUDY SESSION PURPOSE MEMBERSHIP TERMS

Board of Directors Study Sessions for

Metro Valley Issues

Refer to SBCTA Policy 10007.

To review, discuss, and make recommendations for actions to be

taken at regular meetings of the Board on issues relating to

Measure I Projects in the Valley.

(Brown Act)

Board of Directors

Frank Navarro, Colton (Chair)

Curt Hagman, Supervisor (Vice Chair)

6/30/2019

6/30/2019

Meeting Time: Second Thursday (following the Board of Directors meeting), 9:30 a.m., SBCTA Office

I-10 and I-15 Corridor Joint Sub-Committee

Joint Sub-Committee PURPOSE MEMBERSHIP

I-10 and I-15 Corridor Joint Sub-Committee of the Board of Directors Metro Valley Study Session and the Mountain/Desert Policy Committee

Members of the committee will be members of the SBCTA Board of Directors and will be appointed by the SBCTA Board President. The President will appoint the Chair and Vice-Chair of the Sub-Committee. The Sub-Committee will include a minimum of nine and a maximum of fourteen SBCTA Board members. Membership will be composed of a minimum of three representatives from the East Valley; and a minimum of two representatives from the Victor Valley. The Sub-Committee will meet as necessary immediately following the Metro Valley Study Session.

The purpose is to consider and make recommendations to the Board of Directors on the development of express lanes in San Bernardino County, in particular on the I-10 and I-15 Corridors. (Brown Act)

Alan Wapner, Ontario – Chair

Josie Gonzales, Supervisor – Vice Chair





Dusty Rigsby, Loma Linda

Deborah Robertson, Rialto


Jim Kennedy, Victorville


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Public and Specialized Transportation Advisory and Coordinating Council (PASTACC)


Public and Specialized Transportation

Advisory and Coordinating Council

(PASTACC)

Membership consists of 11 members

appointed by the SBCTA Executive

Director.

5 representing Public Transit Providers

1 representing County Dept. of Public

Works

2 representing the Consolidated

Transportation Services Agency -

Omnitrans and VVTA also represent

CTSA for the Valley and High Desert

respectively.

5 representing Social Service Providers

Subject to the Transportation Development Act

(TDA) Section 99238 – establishes PASTACC’s

statutory responsibilities;

(1)Review and make recommendations on annual

Unmet Transit Needs hearing findings

(2)Score and make recommendations for Federal

Transit Administration Section 5310 Capital Grant

Program applications

(3) Assist SBCTA in developing public outreach

approach on updating the Coordinated Public

Transit/Human Services Transportation Plan

(4) Review call for projects for Federal Transit

Administration Section 5316, and 5317 grant

applications

(5) Monitor and make recommendations on Federal

regulatory processes as they relate to transit and

specialized transit

(6) Monitor and disseminate information in

reference to State level law and recommendations as

they relate to transit and specialized transit

(7) Receive annual reports on funded specialized

programs funded through FTA Section 5316, 5317

and Measure I

(8) Identify regional or county level areas of unmet

needs

(9) Address special grant or funding opportunities

(10)Address any special issues of PASTACC voting

and non-voting members

(Brown Act)

Standing Membership –

Morongo Basin Transit Authority, Manager *

Mountain Area Regional Transit Authority, Manager *

Needles Area Transit, Manager *

Omnitrans, Manager *

Victor Valley Transit Authority, Manager *

County of San Bernardino Dept. of Public Work, Manager *

At Large Membership –

San Bernardino Dept. of Aging and Adult Services, Director *

Foothill Aids, Director *

OPARC, Director *

Community Senior Services, Director *

Loma Linda Medical Center, Manager

On-going

On-going

On-going

On-going

On-going

On-going

5/31/2020

9/30/2020

9/30/2020

2/28/2019

5/31/2020

Meeting Dates and Time: Bi monthly, beginning in January, 2nd Tuesday of the month, 10:00 a.m., (Location rotates: SBCTA Office, VVTA, MBTA)

* Manager or Director may designate alternate/s

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Independent Taxpayer Oversight Committee (ITOC) Review of Measure I Expenditure Plan


Independent Taxpayer Oversight Committee (ITOC) Review of Measure I

Expenditure Plan

The ITOC shall provide citizen review to ensure that all Measure I funds are

spent by the San Bernardino County Transportation Authority (hereby

referred to as the Authority) in accordance with provision of the Expenditure

Plan and Ordinance No. 04-01. The ordinance specifies that each member of

the ITOC have certain credentials or experience as follows:

A. One member who is a professional in the field of municipal audit,

finance and/or budgeting with a minimum of five years in a relevant and

senior decision-making position in the public or private sector.

B. One member who is a licensed civil engineer or trained transportation

planner with at least five years of demonstrated experience in the fields

of transportation and/or urban design in government and/or the private

sector. No member shall be a recipient or sub-recipient of Measure “I”

funding.

C. One member who is a current or retired manager of a major publicly

financed development or construction project, who by training and

experience would understand the complexity, costs and implementation

issues in building large scale transportation improvements.

D. One member who is current or retired manager of a major privately

financed development or construction project, who by training and

experience would understand the complexity, costs and implementation

issues in building large scale transportation improvements.

E. One public member, who possesses the knowledge and skills which will

be helpful to the work of the ITOC.

In addition to the appointed members, the SBCTA President and Executive

Director will serve as ex-officio members.

The ITOC shall review the annual audits of the

Authority; report findings based on the audits to the

Authority; and recommend any additional audits for

consideration which the ITOC believes may improve

the financial operation and integrity of program

implementation.

The Authority shall hold a publicly noticed meeting,

which may or may not be included on the agenda of a

regularly scheduled Board meeting, with the

participation of the ITOC to consider the findings

and recommendations of the audits.

(Brown Act)

Donald Driftmier (A)

Vacant (B)

Wayne Hendrix (C)

Norman Orfall (D)

Mike Layne (E)

James Ramos, Ex-Officio

Ray Wolfe, Ex-Officio

12/31/20

12/31/20

12/31/22

12/31/18

12/31/22

SBCTA Ad Hoc Committees

COMMITTEE PURPOSE MEMBERSHIP

Legislative

In March 2013, the SBCTA Board President appointed

this ad hoc committee.

This committee will consist of the SBCTA Board

Officers.

Review proposed legislation at the state and federal level. Provide

direction to staff on positions consistent with the Board-adopted

legislative platform.

President – James Ramos, Supervisor

Vice President – Darcy McNaboe, Grand Terrace

Immediate Past President – Alan Wapner, Ontario

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Council of Governments Ad Hoc Committee

In June 2016, the SBCTA Board President appointed this

ad hoc committee.

To provide direction relative to the Council of Governments annual work

plan.

Alan Wapner, Ontario – Chair

Curt Emick, Apple Valley

Josie Gonzales, Supervisor

Bill Jahn, Big Bear Lake






ByLaws Ad Hoc Committee

In December 2016, the Board of Directors authorized the

reactivation of the Ad Hoc Committee and the President

to make appointments.

To study the Bylaws and make recommendations to the Board on

necessary or desirable Bylaws amendments.

Alan Wapner, Ontario

Robert Lovingood, County of San Bernardino

Janice Rutherford, County of San Bernardino

Dusty Rigsby, Loma Linda

SBCTA Technical Advisory Committees

COMMITTEE PURPOSE MEETING SCHEDULE

Transportation Technical Advisory Committee

(TTAC)

Committee membership consists of a primary staff

representative of each SBCTA member agency

designated by the City Manager or County Administrative

Officer.

SBCTA’s Transportation Technical Advisory Committee was formed by SBCTA

management to provide input to SBCTA staff on technical transportation-related

matters and formulation of transportation-related policy recommendations to the

SBCTA Board of Directors.

The TTAC is not a Brown Act committee.

Generally meets on the first Monday of each

month at 1:30 PM, at SBCTA.

City/County Manager’s Technical Advisory

Committee (CCM TAC)

The committee is composed of up to two representatives

of the County Administrator’s Office and the city

manager or administrator from each city and town in the

County.

SBCTA’s City/County Manager’s Technical Advisory Committee was established in

the Joint Powers Authority that established San Bernardino Associated Governments

(SANBAG). The primary role of the committee is to provide a forum for the chief

executives of SANBAG’s member agencies to become informed about and discuss

issues facing SANBAG/SBCTA. It also provides a forum for the discussion of items of

mutual concern and a way to cooperate regionally in addressing those concerns.

The CCM TAC is a Brown Act Committee.

Meets on the first Thursday of each month at

10:00 AM, at SBCTA.

Planning and Development Technical Forum (PDTF)

Committee membership consists of a primary staff

representative of each SBCTA member agency designated by

the City Manager or County Chief Executive Officer.

The SBCTA Planning and Development Technical Forum was formed by SBCTA

management to provide an opportunity for interaction among planning and

development representatives of member agencies on planning issues of

multijurisdictional importance.

The PDTF is not a Brown Act Committee.

Meets the 4th Wednesday of each month at

2:00 p.m. at the Santa Fe Depot (in the

SCAG Office).

Project Development Teams Project Development Teams (PDTs) are assembled for all major project

development activities by SBCTA staff.

Teams are generally composed of technical representatives from SBCTA, member

jurisdictions appropriate to the project, Caltrans, and other major stakeholder

entities that have significant involvement in the project.

PDTs make recommendations related to approaches to project development,

evaluation of alternatives, and technical solutions.

PDTs meet on a regular basis throughout the project phase to review progress and

to provide technical input required for project development.

The PDTs are not Brown Act Committees.

Varies with the PDT.

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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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Board of Directors Meeting November 7, 2018 10:00 a.m. · acquiring interests in real property for...

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