Board of Directors Meeting November 7, :00 a.m.

Transcription

1 AGENDA Board of Directors Meeting November 7, :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 County of San Bernardino Janice Rutherford, Supervisor County of San Bernardino Curt Hagman, Supervisor County of San Bernardino Josie Gonzales, Supervisor County of San Bernardino Janice Benton, Caltrans Ex-Officio Member Ray Wolfe, Executive Director Eileen Teichert, General Counsel

2 San Bernardino County Transportation Authority San Bernardino Council of Governments AGENDA Board of Directors November 7, :00 a.m W. 3 rd Street, 1 st 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. i. Pledge of Allegiance ii. Attendance iii. Announcements Calendar of Events iv. Agenda Notices/Modifications Possible Conflict of Interest Issues CALL TO ORDER (Meeting Chaired by James Ramos) Note agenda item contractors, subcontractors and agents which may require member abstentions due to conflict of interest and financial interests. Board Member abstentions shall be stated under this item for recordation on the appropriate item. 1. Information Relative to Possible Conflict of Interest Note agenda items and contractors/subcontractors, which may require member abstentions due to possible conflicts of interest. This item is prepared monthly for review by Board and Committee members. 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, Pg. 11 Pg. 12 Pg. 13

3 3. Measure I Revenue Receive and file the Measure I receipts for Measure I Presenter: Hilda Flores This item was received by the General Policy Committee on October 10, 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, Presenter: Hilda Flores This item was received by the General Policy Committee on October 10, 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 This item was received by the General Policy Committee on October 10, Consent - Council of Governments 6. State and Federal Legislative Update Receive and file the October 2018 State and Federal Legislative Update. Presenter: Otis Greer This item was received by the General Policy Committee on October 10, Consent - Transportation Programming and Fund Administration 7. Agreement No Regarding Omnitrans Transit District Legislation That the Board, acting as the San Bernardino County Transportation Authority: A. Approve Agreement No , 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, 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 That the Board, acting as the San Bernardino County Transportation Authority: 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. Pg. 21 Pg. 23 Pg. 32 Pg. 33 Pg. 35 Pg. 58 3

4 B. Approve Amendment No. 1 to Funding Agreement No (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, 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 That the Board, acting as the San Bernardino County Transportation Authority: 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 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 15 th day of September, 2005 (Assessor s Parcel Number [APN] ) (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 Necessity No 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: McDonald s USA, LLC, a Delaware Limited Liability Company, formerly known as Golden Arch Limited Partnership, a cancelled Delaware limited partnership (APN ) (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 Necessity No 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: Denny s Realty Inc., a Delaware corporation and/or Denny s Inc. (APN ) (hereinafter Denny s Property ). The Resolution must be approved by at least a two-thirds majority; and Pg. 68 4

5 E. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No 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: Kuzina Development, LLC, a California Limited Liability Company (APN ) (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 Necessity No 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: Shil Kyoung Park and Minah Park, as Trustees of the Shil Park and Minah Park Living Trust dated March 29, 2005 (APN ) (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 Necessity No authorizing and directing General Counsel, or her designees, to prepare, 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 ) (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, 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 That the Board, acting as the San Bernardino County Transportation Authority: 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 ). B. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No 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 for the Project from: LBA RV-Company I, LP (APN ) (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, SBCTA General Counsel has reviewed this item and the draft resolution. Pg

6 Discussion - Transit 11. RPRP: Reject and Re-Advertise Construction Contract for Rail Storage and Maintenance Facility That the Board, acting as the San Bernardino County Transportation Authority: A. Reject all bids received for Construction Contract No ; 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 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 Additional Information Attendance Acronym List Agency Reports ADJOURNMENT 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 Pg. 188 Pg. 190 Pg. 198 Pg. 200 Pg. 203 Pg. 209 Pg. 210 Pg. 212 Pg

7 Meeting Procedures and Rules of Conduct Meeting Procedures - The Ralph M. Brown Act is the state law which guarantees the public s right to attend and participate in meetings of local legislative bodies. These rules have been adopted by the Board of Directors in accordance with the Brown Act, Government Code 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) and office is located at 1170 W. 3 rd Street, 2 nd Floor, San Bernardino, CA. Agendas All agendas are posted at 1170 W. 3 rd 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. 3 rd Street, 2 nd Floor, San Bernardino and our website: 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 (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. 7

8 Public Comment At the end of the agenda, an opportunity is also provided for members of the public to speak on any subject within the Board s authority. Matters raised under Public Comment may not be acted upon at that meeting. Public Testimony on any Item still applies. Disruptive or Prohibited Conduct If any meeting of the Board is willfully disrupted by a person or by a group of persons so as to render the orderly conduct of the meeting impossible, the Chair may recess the meeting or order the person, group or groups of person willfully disrupting the meeting to leave the meeting or to be removed from the meeting. Disruptive or prohibited conduct includes without limitation addressing the Board without first being recognized, not addressing the subject before the Board, repetitiously addressing the same subject, failing to relinquish the podium when requested to do so, bringing into the meeting any type of object that could be used as a weapon, including without limitation sticks affixed to signs, or otherwise preventing the Board from conducting its meeting in an orderly manner. Your cooperation is appreciated! 8

9 General Practices for Conducting Meetings of Board of Directors and Policy Committees Attendance. The Chair of the Board or a Policy Committee (Chair) has the option of taking attendance by Roll Call or Self-Introductions. If attendance is taken by Roll Call, the Clerk of the Board will call out by jurisdiction or supervisorial district. The Member or Alternate will respond by stating his/her name. If attendance is by Self-Introduction, the Member or Alternate will state his/her name and jurisdiction or supervisorial district. A Member/Alternate, who arrives after attendance is taken, shall announce his/her name prior to voting on any item. A Member/Alternate, who wishes to leave the meeting after attendance is taken but before remaining items are voted on, shall announce his/her name and that he/she is leaving the meeting. Basic Agenda Item Discussion. The Chair announces the agenda item number and states the subject. The Chair calls upon the appropriate staff member or Board Member to report on the item. The Chair asks members of the Board/Committee if they have any questions or comments on the item. General discussion ensues. The Chair calls for public comment based on Request to Speak forms which may be submitted. Following public comment, the Chair announces that public comment is closed and asks if there is any further discussion by members of the Board/Committee. The Chair calls for a motion from members of the Board/Committee. Upon a motion, the Chair announces the name of the member who makes the motion. Motions require a second by a member of the Board/Committee. Upon a second, the Chair announces the name of the Member who made the second, and the vote is taken. The aye votes in favor of the motion shall be made collectively. Any Member who wishes to oppose or abstain from voting on the motion, shall individually and orally state the Member s nay vote or abstention. Members present who do not individually and orally state their nay vote or abstention shall be deemed, and reported to the public, to have voted aye on the motion. The Vote as specified in the SANBAG Bylaws. Each Member of the Board of Directors shall have one vote. In the absence of the official representative, the alternate shall be entitled to vote. (Board of Directors only.) Voting may be either by voice or roll call vote. A roll call vote shall be conducted upon the demand of five official representatives present, or at the discretion of the presiding officer. Amendment or Substitute Motion. Occasionally a Board Member offers a substitute motion before the vote on a previous motion. In instances where there is a motion and a second, the maker of the original motion is asked if he or she would like to amend his or her motion to include the substitution or withdraw the motion on the floor. If the maker of the original motion does not want to amend or withdraw, the substitute motion is voted upon first, and if it fails, then the original motion is considered. Occasionally, a motion dies for lack of a second. 9

10 Call for the Question. At times, a Member of the Board/Committee may Call for the Question. Upon a Call for the Question, the Chair may order that the debate stop or may allow for limited further comment to provide clarity on the proceedings. Alternatively and at the Chair s discretion, the Chair may call for a vote of the Board/Committee to determine whether or not debate is stopped. The Chair re-states the motion before the Board/Committee and calls for the vote on the item. The Chair. At all times, meetings are conducted in accordance with the Chair s direction. These general practices provide guidelines for orderly conduct. From time-to-time circumstances require deviation from general practice. Deviation from general practice is at the discretion of the Chair. Courtesy and Decorum. These general practices provide for business of the Board/Committee to be conducted efficiently, fairly and with full participation. It is the responsibility of the Chair and Members to maintain common courtesy and decorum. Adopted By SANBAG Board of Directors January 2008 Revised March 2014 Revised May 4,

11 Important Dates to Remember November 2018 Meetings Scheduled: General Policy Committee Nov 14 9:00 am Transit Committee Meeting Nov 15 9:00 am Metro Valley Study Session Nov 15 9:30 am SBCTA Lobby, 1st Floor SBCTA Lobby, 1 st Floor SBCTA Lobby, 1 st Floor 1-10/I-15 Corridor Joint Sub-Committee Nov 15 10:00 am Mountain/Desert Committee Nov 16 9:30 am Other Meetings/Events: None SBCTA Offices will be CLOSED: o o Monday, November 12, 2018, for Veterans Day. SBCTA Lobby, 1 st Floor Mojave Desert AQMD Thursday & Friday, November 22nd & 23rd, for the Thanksgiving Holiday. Communication: Calendar of Events (Announcements) For additional information, please call SBCTA at (909) CalenNov2018-jp Packet Pg. 11

12 2.1 Date: November 7, 2018 Minute Action AGENDA ITEM: 1 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 Date: November 7, 2018 Witnessed By: Entity: San Bernardino Council of Governments, San Bernardino County Transportation Authority Packet Pg. 12

13 2 Date: November 7, 2018 Subject: September 2018 Procurement Report Minute Action AGENDA ITEM: 2 Recommendation: Receive the September 2018 Procurement Report. Background: The Board of Directors adopted the Contracting and Procurement Policy (Policy No ) on January 3, 1997, and approved the last revision on January 4, 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: This item was received by the General Policy Committee on October 10, Responsible Staff: Hilda Flores, Chief Financial Officer Approved Board of Directors Date: November 7, 2018 Witnessed By: Entity: San Bernardino Council of Governments, San Bernardino County Transportation Authority Packet Pg. 13

14 2.a Attachment A September Contract Actions New Contracts Executed: Contract No. None Description of Specific Services Vendor Name Dollar Amount Description of Overall Program Attachment: September Procurement report Attachment A (5232 : September 2018 Procurement Report) Page 1 of 6 Packet Pg. 14

15 2.a Contract Amendments Executed: Attachment A September Amendment Actions Contract No. & Amendment No Amendment Amendment 6 C13003 Amendment 2 C13074 Amendment 1 Reason for Amendment (include a description of the amendment) Amendment to extend the termination date to November 30, Project: Park Boulevard Funding Agreement Amendment to increase the not to exceed amount for preliminary aesthetics and landscaping work. Project: Design contract for Mt. Vernon Viaduct Amendment to extend the termination date to August 1, Project: Construction Zone Enhanced Enforcement Program Amendment to extend the termination date to March 31, Project: Construction Management Services for I-10 Riverside Landscape Maintenance Project Vendor Name County of San Bernardino AECOM Technical Services, Inc. California Highway Patrol Vali Cooper Associates Previous Amendments & Dollar Values Original $1,411, Original, Amendment 1, 2 and 3 were between City of San Bernardino and AECOM SBCTA Assumed the contract Amendment 4 $707, Amendment 5 $646, Original $3,000, Amendment 1 $0.00 Original $205, Dollar Amount of Amendment Amended Contract Total $0.00 $1,411, $45, $1,399, $0.00 $3,000, $0.00 $205, Attachment: September Procurement report Attachment A (5232 : September 2018 Procurement Report) Page 2 of 6 Packet Pg. 15

16 2.a 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-toexceed 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, $99, $2,112, Attachment: September Procurement report Attachment A (5232 : September 2018 Procurement Report) Page 3 of 6 Packet Pg. 16

17 2.a Attachment A September Contract Task Order Actions Contract Task Order (CTO) Executed: Contract No. & CTO No. C12242 CTO 18 Amendment 1 Description of CTO Added eminent domain support activities on the SR 60 Central Avenue Interchange. Vendor Name Epic Land Solutions Contract Amount $6,000, shared with HDR Engineering (C12243) and Overland, Pacific & Cutler (C12244) Previously Issued CTOs Various CTOs totaling $85, not including CTO 18 Dollar Amount of CTO Original $121, Amendment 1 $17, Total $139, Attachment: September Procurement report Attachment A (5232 : September 2018 Procurement Report) Page 4 of 6 Packet Pg. 17

18 2.a Attachment A September Purchase Order Actions Purchase Orders: PO No. PO Issue Date Vendor Name Description of Services /6/18 Virtual Graffiti, Inc. Cloud storage for sever backups and disaster recovery services /26/18 LACMTA Regional Rideshare marketing and Guaranteed Ride Home program. PO Dollar Amount $16, $18, Attachment: September Procurement report Attachment A (5232 : September 2018 Procurement Report) Page 5 of 6 Packet Pg. 18

19 2.a Attachment A September Purchase Order Amendment Actions Purchase Order Amendments Executed: Purchase Order No. & Amendment No. None Description of Services and Reason for Amendment Vendor Name Previous Amendments & Dollar Values Dollar Amount of Amendment Amended PO Total Attachment: September Procurement report Attachment A (5232 : September 2018 Procurement Report) Page 6 of 6 Packet Pg. 19

20 2.b Attachment B September RFP s and IFB s Release of RFP s and IFB s Release Date RFP/IFB No. Description of Services 9/18/18 RFP Bank Credit Services Anticipated Dollar Amount Anticipated Award Date $0.00 January 2019 Description of Overall Program and Program Budget Bank Credit Services for Measure I Commercial Paper Attachment: September Procurement report Attachment B (5232 : September 2018 Procurement Report) Page 1 of 1 Packet Pg. 20

21 3 Date: November 7, 2018 Subject: Measure I Revenue Minute Action AGENDA ITEM: 3 Recommendation: Receive and file the Measure I receipts for Measure I Background: Sales tax revenue collections for Measure I 2010 through 2040 began on April 1, 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: This item was received by the General Policy Committee on October 10, Responsible Staff: Hilda Flores, Chief Financial Officer Approved Board of Directors Date: November 7, 2018 Witnessed By: Entity: San Bernardino County Transportation Authority Packet Pg. 21

22 3.a Summary of SBCTA Measure I Receipts 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, ,603,079 $122,761,879 Fiscal Year 2011/12 31,027,319 33,547,956 32,757,419 33,476, ,808,745 $253,570,624 Fiscal Year 2012/13 34,279,449 35,076,980 34,336,570 34,309, ,002,171 $391,572,794 Fiscal Year 2013/14 35,430,012 35,403,641 36,843,452 35,789, ,466,150 $535,038,944 Fiscal Year 2014/15 37,253,007 38,007,716 38,225,122 37,132, ,618,437 $685,657,380 Fiscal Year 2015/16 39,298,056 40,309,825 40,950,261 38,929, ,487,730 $845,145,110 Fiscal Year 2016/17 41,123,141 40,742,242 41,465,217 39,801, ,132,539 $1,008,277,649 Fiscal Year 2017/18 43,117,814 42,305,693 44,007,900 39,149, ,581,018 $1,176,858,666 Fiscal Year 2018/19 41,560, ,560,547 $1,218,419,213 % Increase Over 17/ % % % % % Attachment: MSI receipts 1st qtr FY2019 (5233 : Measure I Revenue - 1st Qtr 2018/2019) Packet Pg. 22

23 4 Date: November 7, 2018 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, Background: The Budget for Fiscal Year 2017/2018 was adopted by the Board of Directors on June 7, 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, 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: 1. Expenditures were low and can be due to timing of capital expenditures, which can take several years. Entity: San Bernardino Council of Governments, San Bernardino County Transportation Authority Packet Pg. 23

24 Board of Directors Agenda Item November 7, 2018 Page 2 4 C. Other Financing Sources: 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 reimbursement basis. 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 reimbursement basis. B. Expenditures: 1. Expenditures for the Project Delivery Department were low mainly due to timing of capital expenditures. C. Other Financing Sources: 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 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: 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/out are not budgeted since they are unknown during the budget development process. The amount represents a change in funding sources. San Bernardino Council of Governments San Bernardino County Transportation Authority Packet Pg. 24

25 Board of Directors Agenda Item November 7, 2018 Page 3 4 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 Investments earnings are not budgeted. B. Expenditures: 1. Expenditures were lower than budget. Measure I Fund A. Revenues: 1. Measure I ended on March 31, 2010 and only Interest is accrued based on cash balances at the end of the fiscal year. 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/out are not budgeted since they are unknown during the budget development process. The amount represents a change in funding sources. Measure I 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. C. Other Financing Sources: 1. Operating transfers in/out are not budgeted since they are unknown during the budget 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. San Bernardino Council of Governments San Bernardino County Transportation Authority Packet Pg. 25

26 Board of Directors Agenda Item November 7, 2018 Page 4 4 Capital Projects Fund A. Revenues: 1. The timing for collections of revenues fluctuates as most projects are funded on a reimbursement basis. 2. Investments earnings are not budgeted. 3. Miscellaneous revenue was lower than budget. 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 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 reimbursement basis. 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. San Bernardino Council of Governments San Bernardino County Transportation Authority Packet Pg. 26

27 Board of Directors Agenda Item November 7, 2018 Page 5 4 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: This item was received by the General Policy Committee on October 10, Responsible Staff: Hilda Flores, Chief Financial Officer Approved Board of Directors Date: November 7, 2018 Witnessed By: San Bernardino Council of Governments San Bernardino County Transportation Authority Packet Pg. 27

28 4.a Fiscal Year Fourth Quarter Budget to Actual Report June 30, Original Budget Amendments Budget to Date Encumbrances Balance Remaining GENERAL FUND Revenues Sales Tax-MSI 1,609,750 (181,369) 1,428,381 1,629,451 - (201,070) % Intergovernmental ,000 - (11,000) 0.00% Charges for Services 462, ,353 1,126, , , % Investment Earnings ,434 - (157,434) 0.00% Miscellaneous % Total Revenues 2,072, ,345 2,555,027 2,469,787-85, % Revised Actual Revenues & Expenditures % of Budget Expenditures General Government 3,278, ,327 3,730,970 2,006,305-1,724, % Regional & Subregional Planning 1,393, ,394, , , % Transit 48,349,339 5,637,088 53,986,427 33,764,371-20,222, % Project Delivery 144, , , % Fund Administration and Programming 468,104 13, , ,785-24, % Total Expenditures 53,634,166 6,103,692 59,737,858 37,113,052-22,624, % Other Financing Sources Transfers in (34,423,507) 908,396 (33,515,111) (35,706,757) - 2,191, % Transfers out - 45,657 45,657 45, % Total Other Financing Sources (34,423,507) 954,053 (33,469,454) (35,661,103) - 2,191, % 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 FUND Revenues Intergovernmental 68,906,119-68,906,119 36,053,753-32,852, % Investment Earnings ,351 - (8,351) 0.00% Total Revenues 68,906,119-68,906,119 36,062,104-32,844, % Expenditures Commuter and Motorist Assistance 1,420,176-1,420,176 1,338,264-81, % Project Delivery 67,485,943 (1,555,259) 65,930,684 35,869,227-30,061, % Total Expenditures 68,906,119 (1,555,259) 67,350,860 37,207,491-30,143, % Other Financing Sources Transfers out - 1,555,259 1,555,259 1,555, % Gain (loss) on sale of Assets (40,424) - 40, % 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 FUND Revenues Intergovernmental 2,244,300 (360,000) 1,884, ,867-1,164, % Total Revenues 2,244,300 (360,000) 1,884, ,867-1,164, % Expenditures Commuter and Motorist Assistance 1,634,300-1,634, ,819-1,165, % Transit 610,000 (360,000) 250, , % Total Expenditures 2,244,300 (360,000) 1,884, ,819-1,415, % Revenues Over (Under) Expenditures ,048 - (251,048) Attachment: 4th qtr budget report rev (5234 : Budget to Actual Report - 4th Qtr 2017/2018) Packet Pg. 28

29 4.a Fiscal Year Fourth Quarter Budget to Actual Report June 30, Original Budget Amendments Budget to Date Encumbrances Balance Remaining STATE HIGHWAY FUND Revenues Intergovernmental 5,885,000 3,298,941 9,183,941 3,107,103-6,076, % Investment Earnings ,386 - (40,386) 0.00% Total Revenues 5,885,000 3,298,941 9,183,941 3,147,489-6,036, % Revised Actual Revenues & Expenditures % of Budget Expenditures Regional & Subregional Planning - 35,292 35,292 35, % Project Delivery 4,615,000 1,801,174 6,416,174 1,126,699-5,289, % Fund Administration and Programming 1,270,000 (35,292) 1,234,708 1,234, % Total Expenditures 5,885,000 1,801,174 7,686,174 2,396,699-5,289, % Other Financing Sources Transfers out - 1,497,767 1,497,767 1,497, % Total Other Financing Sources - 1,497,767 1,497,767 1,497, % Revenues Over (Under) Expenditures (746,976) - 746,976 PROPOSITION 1B FUND Revenues Intergovernmental 2,231, ,593 2,679,430 4,621,654 - (1,942,224) % Investment Earnings - 214, , ,524 - (54,527) % Total Revenues 2,231, ,590 2,894,427 4,891,178 - (1,996,751) % Expenditures Transit 1,004,837 5,200,140 6,204,977 3,410,802-2,794, % Project Delivery 2,231,837 (10,460) 2,221, ,592-1,689, % Total Expenditures 3,236,674 5,189,680 8,426,354 3,942,394-4,483, % Other Financing Sources Transfers in (11,471) 11, % Transfers out % Total Other Financing Sources (11,111) - 11, % 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) % Investment Earnings ,935 - (684,935) 0.00% Total Revenues 62,095,552-62,095,552 95,749,448 - (33,653,896) % Expenditures Transit 86,700,000 5,604,205 92,304,205 74,173,360-18,130, % Total Expenditures 86,700,000 5,604,205 92,304,205 74,173,360-18,130, % Other Financing Sources Transfers out - 27,508,269 27,508,269 27,508, % Total Other Financing Sources - 27,508,269 27,508,269 27,508, % 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) % Investment Earnings ,427 - (508,427) 0.00% Total Revenues 9,791,716-9,791,716 19,889,309 - (10,097,593) % Attachment: 4th qtr budget report rev (5234 : Budget to Actual Report - 4th Qtr 2017/2018) Expenditures Transit 15,607,550 (8,217,264) 7,390,286 5,169,442-2,220, % Total Expenditures 15,607,550 (8,217,264) 7,390,286 5,169,442-2,220, % Other Financing Sources Transfers out - 8,053,042 8,053,042 8,053, % Total Other Financing Sources - 8,053,042 8,053,042 8,053, % Revenues Over (Under) Expenditures (5,815,834) 164,222 (5,651,612) 6,666,825 - (12,318,437) Packet Pg. 29

30 4.a Fiscal Year Fourth Quarter Budget to Actual Report June 30, Original Budget Amendments Revised Budget Actual Revenues & Expenditures to Date Encumbrances Balance % of Budget Remaining MEASURE I FUND Revenues Investment Earnings 30,000-30,000 87,420 - (57,420) % Total Revenues 30,000-30,000 87,420 - (57,420) % Expenditures Project Delivery 8,814, ,720 8,931,845 3,133,788-5,798, % Total Expenditures 8,814, ,720 8,931,845 3,133,788-5,798, % Other Financing Sources Transfers in (43,544) - 43, % Gain (loss) from Sale of Assets (7,123) - 7, % Total Other Financing Sources (36,421) - 36, % Revenues Over (Under) Expenditures (8,784,125) (117,720) (8,901,845) (3,009,947) - (5,891,898) MEASURE I FUND Revenues Sales Tax-MSI 159,365,250 (841,534) 158,523, ,315,622 - (2,791,906) -1.76% Investment Earnings 2,062,284-2,062,284 2,479,167 - (416,883) % Total Revenues 161,427,534 (841,534) 160,586, ,794,789 - (3,208,789) -2.00% Expenditures General Government 1,647, ,094 1,756, ,188-1,210, % Environment and Energy Conservation 733,947 (372,000) 361, ,443-89, % Commuter and Motorist Assistance 1,699,871 15,000 1,714, ,938-1,136, % Regional & Subregional Planning 1,344, ,345,355 1,055, , % Transit 50,786, ,397 51,592,232 24,945,581-26,646, % Project Delivery 70,831,580 (29,455,435) 41,376,145 32,757,110-8,619, % Fund Administration and Programming 73,600,936 (10,566,987) 63,033,949 54,373,997-8,659, % Debt Service 12,397,301-12,397,301 12,391,800-5, % Total Expenditures 213,042,335 (39,464,098) 173,578, ,920,481-46,657, % Other Financing Sources Transfers in (47,266,842) - 47,266, % Transfers out 162,329 37,003,148 24,768,176 24,612, , % Gain (loss) on sale of assets (120,223) - 120, % Total Other Financing Sources 162,329 37,003,148 24,768,176 (22,533,620) - 47,301, % 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 FUND Revenues Intergovernmental 18,661,346 1,500,375 20,161,721 8,613,212-11,548, % Investment Earnings ,069 - (755,069) 0.00% Miscellaneous 1,194,659 2,265,813 3,460, ,906-2,584, % Total Revenues 19,856,005 3,766,188 23,622,193 10,244,187-13,378, % Expenditures Environment and Energy Conservation - 2,265,813 2,265, ,917 1,824, % Commuter and Motorist Assistance 600, , , % Regional & Subregional Planning 225, , , , % Transit 5,355,118 (737,381) 4,617,737 1,692,843-2,924, % Project Delivery 17,146,790 3,676,062 20,822,852 3,544,437-17,278, % Fund Administration and Programming 150,000 63, , ,058-76, % Total Expenditures 23,476,908 5,267,964 28,744,872 5,921,812-22,823, % Attachment: 4th qtr budget report rev (5234 : Budget to Actual Report - 4th Qtr 2017/2018) Other Financing Sources Operating Transfers In - (3,291,589) (3,291,589) (6,786,449) - 3,494, % Operating Transfers Out - 26,707,403 26,707,403 26,707, % Gain (loss) on sale of assets (26,954) - 26, % Total Other Financing Sources - 23,415,814 23,415,814 19,947,901-3,467, % Revenues Over (Under) Expenditures (3,620,903) (24,917,590) (28,538,493) (15,625,526) - (12,912,967) Packet Pg. 30

31 4.a Fiscal Year Fourth Quarter Budget to Actual Report June 30, Original Budget Amendments Revised Budget Actual Revenues & Expenditures to Date Encumbrances Balance % of Budget Remaining NONMAJOR GOVERNMENTAL FUNDS Revenues Intergovernmental 11,631, ,606 11,884,498 9,333,154-2,551, % Charges for Services - - 2,060 (2,060) 0.00% Investment Earnings ,807 - (38,807) 0.00% Miscellaneous 121, ,425 61,544-59, % Total Revenues 11,753, ,606 12,005,923 9,435,565-2,570, % Expenditures General Government 559, , , , % Environment and Energy Conservation 4,500, ,000 4,872,000 3,177,049-1,694, % Commuter and Motorist Assistance 3,468, ,431 4,175,813 3,317, , % Regional & Subregional Planning 1,685,904 (149,391) 1,536, , , % Transit 629, , , % Project Delivery 1,000,000-1,000, , , % Total Expenditures 11,843, ,040 12,773,882 7,700,059-5,073, % Other Financing Sources Transfers in (10,537) - 10, % Total Other Financing Sources (10,537) - 10, % Revenues Over (Under) Expenditures (90,525) (677,434) (767,959) 1,746,043 - (2,514,002) COUNCIL OF GOVERNMENTS FUND Revenues Intergovernmental 103, ,467 39,634-63, % Special Assessments 200,187 34, , ,187-34, % Investment Earnings ,295 - (16,295) 0.00% Miscellaneous 2,809,229 43,294 2,852, ,862-2,618, % Total Revenues 3,112,883 78,094 3,190, ,978-2,700, % Expenditures General Government 1,444,847 78,091 1,522, , , % Environment and Energy Conservation 1,880,359-1,880, ,256-1,716, % Regional & Subregional Planning 20,376-20, , % Total Expenditures 3,345,582 78,091 3,423, ,696-2,592, % Revenues Over (Under) Expenditures (232,699) 3 (232,696) (340,718) - 108,022 ENTERPRISE FUND Revenues Toll Revenues % Total Revenues % Expenditures Enterprise 162, , , % Total Expenditures 162, , , % Other Financing Sources Transfers in (162,329) - (162,329) - - (162,329) % Total Other Financing Sources (162,329) - (162,329) - - (162,329) % Revenues Over (Under) Expenditures Attachment: 4th qtr budget report rev (5234 : Budget to Actual Report - 4th Qtr 2017/2018) Packet Pg. 31

32 5 Date: November 7, 2018 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: This item was received by the General Policy Committee on October 10, Responsible Staff: Raymond Wolfe, Executive Director Approved Board of Directors Date: November 7, 2018 Witnessed By: Entity: San Bernardino Council of Governments, San Bernardino County Transportation Authority Packet Pg. 32

33 6 Date: November 7, 2018 Subject: State and Federal Legislative Update Minute Action AGENDA ITEM: 6 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 30 th. The Legislative Session convenes on December 3 rd. 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 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 21 st, funding Military Construction-Veterans Affairs (VA), Energy-Water and Legislative Branch appropriations for Fiscal Year 2019 (FY 19). On September 13 th 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 26 th. 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 30 th. The CR would fund those agencies through December 7 th, 2018, avoiding a shutdown of the federal government on October 1 st 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 Entity: San Bernardino Council of Governments, San Bernardino County Transportation Authority Packet Pg. 33

34 Board of Directors Agenda Item November 7, 2018 Page 2 6 up after the November 6 th elections. Agencies falling under this spending package will be funded at Fiscal Year 2018 levels through December 7 th, 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: This item was received by the General Policy Committee on October 10, Responsible Staff: Otis Greer, Director of Legislative and Public Affairs Approved Board of Directors Date: November 7, 2018 Witnessed By: San Bernardino Council of Governments San Bernardino County Transportation Authority Packet Pg. 34

35 7 Date: November 7, 2018 Minute Action AGENDA ITEM: 7 Subject: Agreement No Regarding Omnitrans Transit District Legislation Recommendation: That the Board, acting as the San Bernardino County Transportation Authority: A. Approve Agreement No , 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 in the proposed legislation as follows: (i) Prior to adopting an ordinance in accordance with Section , 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 , 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. Entity: San Bernardino County Transportation Authority Packet Pg. 35

36 Board of Directors Agenda Item November 7, 2018 Page 2 7 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, SBCTA General Counsel and Procurement Manager have reviewed this item. Responsible Staff: Andrea Zureick, Director of Fund Administration Approved Board of Directors Date: November 7, 2018 Witnessed By: San Bernardino County Transportation Authority Packet Pg. 36

37 Attachment 1 7.a The People of the State of California do enact as follows: \ Page 1 of 14 October 2018 Update SECTION 1. Part 19 (commencing with Section ) is added to Division 10 of the Public Utilities Code, to read: Part 19 Omnitrans Transit District Chapter 1 General Provisions This part shall be known and may be cited as the Omnitrans Transit District Act 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 (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. Packet Pg. 37 Attachment: Attachment 1 - Omnitrans Draft Transit District Legislation [Revision 1] (5239 : Omnitrans Proposed Transit District Legislation)

38 Attachment 1 7.a (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 \ Page 2 of 14 Packet Pg. 38 Attachment: Attachment 1 - Omnitrans Draft Transit District Legislation [Revision 1] (5239 : Omnitrans Proposed Transit District Legislation)

39 Attachment 1 7.a 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, 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 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 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 Any city within the County of San Bernardino, other than a city specifically listed in Section 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 (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. Page 3 of 14 Packet Pg. 39 Attachment: Attachment 1 - Omnitrans Draft Transit District Legislation [Revision 1] (5239 : Omnitrans Proposed Transit District Legislation)

40 Attachment 1 7.a (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 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 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 Page 4 of 14 Packet Pg. 40 Attachment: Attachment 1 - Omnitrans Draft Transit District Legislation [Revision 1] (5239 : Omnitrans Proposed Transit District Legislation)

41 Attachment 1 7.a 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 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 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 The board of directors shall do all of the following:: (a) (b) (c) (d) (e) (f) Adopt bylaws for its procedures consistent with the laws of the state. Adopt an annual budget. Adopt a conflict-of-interest code. Adopt priorities reflecting the district s goals. Establish the amount of compensation that each member of the board shall receive. Do any and all things necessary to carry out the purposes of this part. 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 \ Page 5 of 14 Packet Pg. 41 Attachment: Attachment 1 - Omnitrans Draft Transit District Legislation [Revision 1] (5239 : Omnitrans Proposed Transit District Legislation)

42 Attachment 1 7.a The acts of the board of directors shall be expressed by motion, resolution or ordinance 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 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) (d) (e) (f) (g) To enter into and perform all necessary contracts. To adopt a seal and alter it at the district s pleasure. To enter joint powers arrangements with other entities. Appoint such advisory, standing, or ad hoc committees as it deems necessary. Enact ordinances, resolutions, policies, and guidelines. (h) Acquire, convey, construct, manage, maintain, and operate buildings and improvements, equipment, and assets of the district. (i) licenses. (j) Acquire, convey, and dispose of real and personal property, easements, and Adopt a conflict-of-interest code. Page 6 of 14 Packet Pg. 42 Attachment: Attachment 1 - Omnitrans Draft Transit District Legislation [Revision 1] (5239 : Omnitrans Proposed Transit District Legislation)

43 Attachment 1 7.a (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) (o) Advocate on behalf of the district. 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 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 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. Page 7 of 14 Packet Pg. 43 Attachment: Attachment 1 - Omnitrans Draft Transit District Legislation [Revision 1] (5239 : Omnitrans Proposed Transit District Legislation)

44 Attachment 1 7.a \ Article 2 Contracts 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 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 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 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 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 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. Page 8 of 14 Packet Pg. 44 Attachment: Attachment 1 - Omnitrans Draft Transit District Legislation [Revision 1] (5239 : Omnitrans Proposed Transit District Legislation)

45 Attachment 1 7.a 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 (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 , 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 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 (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. Page 9 of 14 Packet Pg. 45 Attachment: Attachment 1 - Omnitrans Draft Transit District Legislation [Revision 1] (5239 : Omnitrans Proposed Transit District Legislation)

46 Attachment 1 7.a (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 onehalf 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 , 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 , or any successor provision 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 \ Page 10 of 14 Packet Pg. 46 Attachment: Attachment 1 - Omnitrans Draft Transit District Legislation [Revision 1] (5239 : Omnitrans Proposed Transit District Legislation)

47 Attachment 1 7.a The board may set fares for public transit service by resolution 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 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 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 The district may promulgate a plan for funding transit projects or operations within its jurisdiction or as permitted in subdivision (u) of Section \ Chapter 6 Rights of Employees of Omnitrans 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 Page 11 of 14 Packet Pg. 47 Attachment: Attachment 1 - Omnitrans Draft Transit District Legislation [Revision 1] (5239 : Omnitrans Proposed Transit District Legislation)

48 Attachment 1 7.a rights and obligations which they have with Omnitrans JPA, upon the transfer of Omnitrans JPA to district 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 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 (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 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 Page 12 of 14 Packet Pg. 48 Attachment: Attachment 1 - Omnitrans Draft Transit District Legislation [Revision 1] (5239 : Omnitrans Proposed Transit District Legislation)

49 Attachment 1 7.a 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 (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 Chapter 10 Dissolution (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 Page 13 of 14 Packet Pg. 49 Attachment: Attachment 1 - Omnitrans Draft Transit District Legislation [Revision 1] (5239 : Omnitrans Proposed Transit District Legislation)

50 Attachment 1 7.a notices, including notices under Section of the Code of Civil Procedure shall be given to the governing body of each member The board shall wind up the affairs of the district \ Page 14 of 14 Packet Pg. 50 Attachment: Attachment 1 - Omnitrans Draft Transit District Legislation [Revision 1] (5239 : Omnitrans Proposed Transit District Legislation)

51 Contract Summary Sheet 7.b General Contract Information Contract No: Amendment No.: Sole Source? N/A Vendor No.: 1568 Vendor/Customer Name: Omnitrans Description: MOU Regarding Omnitrans Transit District Legislation Estimated Start Date: 11/07/2018 Expiration Date: 12/31/2028 Revised Expiration Date: List Any SBCTA Related Contracts Nos.: Original Contract Prior Amendments Current Amendment Total/Revised Contract Value Board of Directors Date: 11/07/2018 Committee Item # MOU/COOP/JPA GL: GL: GL: GL: GL: GL: GL: GL: GL: GL: GL: GL: Total Contract Funding: Funding Agreement No: GL: GL: GL: GL: GL: Additional Notes: MOU/COOP/JPA/Zero Dollar Contracts Total Contract Funding: Nancy Strickert Project Manager (Print Name) $ $ $ $ $ Contract Management (Internal Purposes Only) $ Dollar Amount Contract Authorization Accounts Payable Original Contingency Prior Amendments Current Amendment Total Contingency Value Total Dollar Authority (Contract Value and Contingency) $ GL: GL: GL: GL: GL: GL: GL: GL: GL: GL: GL: GL: Accounts Receivable Reversion Date: GL: GL: GL: GL: GL: N/A Andrea Zureick Task Manager (Print Name) $ $ $ $ Total Contingency: $ Attachment: CSS - Omnitrans MOU (5239 : Omnitrans Proposed Transit District Legislation) Form /2018 Packet Pg. 1/151

52 7.c AGREEMENT NO 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 ) 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. Attachment: Omnitrans MOU Regarding Transit District Legislation (5239 : Omnitrans Proposed Transit District Legislation) Contract No \ Page 1 of 6 Packet Pg. 52

53 7.c 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 which is in effect until 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 Attachment: Omnitrans MOU Regarding Transit District Legislation (5239 : Omnitrans Proposed Transit District Legislation) Contract No \ Page 2 of 6 Packet Pg. 53

54 7.c 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, Attachment: Omnitrans MOU Regarding Transit District Legislation (5239 : Omnitrans Proposed Transit District Legislation) Contract No \ Page 3 of 6 Packet Pg. 54

55 7.c 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. Attachment: Omnitrans MOU Regarding Transit District Legislation (5239 : Omnitrans Proposed Transit District Legislation) Contract No \ Page 4 of 6 Packet Pg. 55

56 7.c 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 5 th Street San Bernardino, CA San Bernardino, CA 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] Attachment: Omnitrans MOU Regarding Transit District Legislation (5239 : Omnitrans Proposed Transit District Legislation) Contract No \ Page 5 of 6 Packet Pg. 56

57 7.c MEMORANDUM OF UNDERSTANDING REGARDING OMNITRANS TRANSIT DISTRICT LEGISLATION SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY By: James C. Ramos Board President Date: APPROVED AS TO FORM By: Eileen Monaghan Teichert General Counsel OMNITRANS By: P. Scott Graham CEO/General Manager Date: APPROVED AS TO FORM: By: Haviva Shane Omnitrans General Counsel Attachment: Omnitrans MOU Regarding Transit District Legislation (5239 : Omnitrans Proposed Transit District Legislation) Contract No \ Page 6 of 6 Packet Pg. 57

58 8 Date: November 7, 2018 Minute Action AGENDA ITEM: 8 Subject: South Milliken Grade Separation Project Funding Agreement Amendment No. 1 and Transfer of Measure-I Savings Recommendation: That the Board, acting as the San Bernardino County Transportation Authority: 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 (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 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 Entity: San Bernardino County Transportation Authority Packet Pg. 58

59 Board of Directors Agenda Item November 7, 2018 Page 2 8 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 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: C Cooperative Agreement for PA&ED phase of South Milliken Grade Separation Project. C10093 and C 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, This item and the draft amendment have been reviewed by General Counsel. Responsible Staff: Andrea Zureick, Director of Fund Administration Approved Board of Directors Date: November 7, 2018 Witnessed By: San Bernardino County Transportation Authority Packet Pg. 59

60 8.a Attachment 1: Revised South Milliken Grade Separation Funding Plan Totals CURRENT Measure I SLPP TCRP TCIF Repayment R10195 N.Milliken Repayment N.Vineyard PA&ED (C08192) 678, , ,665 PS&E (C10093/C14059) 5,651,756 4,572,000 1,079,756 DIF TCRP UPRR CPUC 190 ROW ( ) 14,346,787 7,049,787 2,297,000 5,000,000 CON ( ) 57,400,656 10,635,514 7,210,000 21,846,000 3,121,000 1,549,820 10,556,029 2,482,293 Est. Total Cost 78,077,522 47,927,172 22,668,057 7,482,293 Totals PROPOSED Measure I SLPP TCRP TCIF Repayment R10195 N.Milliken Repayment N.Vineyard PA&ED 678, , ,181 PS&E 5,651,244 5,651,244 DIF TCRP UPRR CPUC 190 ROW 14,490,158 5,567,362 3,332, ,638 5,000,000 CON 52,143,207 7,211,800 7,210,000 20,633,067 3,120,955 4,724,517 6,760,575 2,482,293 Est. Total Cost 72,962,932 43,855,326 21,034,675 8,072,931 SUMMARY Totals Public Share City Share Buy Downs Change from Approved -5,114,590-4,071,846-1,633, ,638 Required 80/20 Shares 51,912,001 12,978,000 Reconciliation from North Vineyard Public Share City Share Buy Downs Public Share City Share -8,056,675 8,056,675 Final Shares for South Milliken 43,855,326 21,034,675 Buy Downs Attachment: Attachment 1 - Revised Funding Plan (5240 : South Milliken Grade Separation Project Packet Pg. 60

61 Contract Summary Sheet 8.b General Contract Information Contract No: Vendor No.: Description: Estimated Start Date: Current Amendment Payable GL: , GL: GL: ,211, GL: GL: - GL: GL: - GL: GL: - GL: GL: - GL: GL: - GL: GL: - GL: GL: - GL: GL: - GL: GL: - GL: GL: - GL: Funding Agreement No: GL: GL: GL: GL: GL: Other Contracts Total Contract Funding: $ ; R10195; replaces C08192, C10093, and C14059 Board of Directors Date: 11/07/2018 Board Item # Additional Notes: Total/Revised Contract Value South Milliken Avenue Grade Separation Funding Agreement Andrea Nieto 02/01/2017 List Any SBCTA Related Contracts Nos.: Original Contract Prior Amendments Total Contract Funding: Project Manager (Print Name) $ $ $ $ 10,635, Contract Management (Internal Purposes Only) 7,323, Dollar Amount Contract Authorization Accounts Payable Accounts Receivable Reversion Date: GL: GL: GL: GL: GL: 06/30/2021 (3,311,572.00) Current Amendment 7,323, Original Contingency Prior Amendments Total Contingency Value Revised Expiration Date: Total Dollar Authority (Contract Value and Contingency) $ 7,323, Amendment No.: 1 Vendor/Customer Name: City of Ontario $ Expiration Date: - Paula Beauchamp Task Manager (Print Name) Administrative Budget Adjustment $ $ $ $ Total Contingency: Sole Source? $ N/A Attachment: Contract Summary Sheet (5240 : South Milliken Grade Separation Project Funding Agreement Amendment No. 1 and Transfer of Form /2018 Packet Pg. 1/161

62 8.c AMENDMENT NO. 1 TO PROJECT FUNDING AGREEMENT NO 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 is made by and between San Bernardino County Transportation Authority (referred to hereafter as SBCTA) whose address is 1170 W. 3 rd Street, 2 nd Floor, San Bernardino, California , and City of Ontario (hereinafter referred to as CITY ), whose address is 303 East B Street, Ontario CA SBCTA and CITY are each a Party and collectively the Parties herein. RECITALS A. SBCTA and CITY previously executed Project Funding Agreement No , 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 Page 1 of 6 Packet Pg. 62 Attachment: S. Milliken Funding agreement (5240 : South Milliken Grade Separation Project Funding Agreement Amendment No.

63 8.c 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. 2. Paragraph 4 of Section I is deleted in its entirety and replaced with the following: 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. 3. Paragraph 5 of Section I is deleted in its entirety and replaced with the following: 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. 4. Paragraph 6 of Section I is deleted in its entirety and replaced with the following: 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. 6. Paragraph 4 of Section II is deleted in its entirety and replaced with the following: 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. 7. Paragraph 5 of Section II is deleted in its entirety and replaced with the following: Page 2 of 6 Packet Pg. 63 Attachment: S. Milliken Funding agreement (5240 : South Milliken Grade Separation Project Funding Agreement Amendment No.

64 8.c 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 Paragraph 9 of Section II is deleted in its entirety and replaced with the following: 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, Paragraph 2 of Section III is deleted in its entirety and replaced with the following: 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. 11. Paragraph 15 of Section III is deleted in its entirety and replaced with the following: 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 Page 3 of 6 Packet Pg. 64 Attachment: S. Milliken Funding agreement (5240 : South Milliken Grade Separation Project Funding Agreement Amendment No.

65 8.c 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: APPROVED AS TO FORM AND PROCEDURE: Date: APPROVED AS TO FORM AND PROCEDURE: By: By: Eileen Monaghan Teichert Click here to enter text. SBCTA General Counsel CITY Attorney Date: By: Jeffery Hill Procurement Manager Date: Page 4 of 6 Packet Pg. 65 Attachment: S. Milliken Funding agreement (5240 : South Milliken Grade Separation Project Funding Agreement Amendment No.

66 8.c Summary of Project Cost: Project Approval/ Environmental Document (PA&ED) Plans, Specification and Estimate (PS&E) Right of Way (ROW) Construction (including construction management) Total UPRR Attachment A South Milliken Grade Separation Project Revised Costs by Phase and Funding Buy Down City Share* Public Share** TCRP CPUC Section 190 DIF City Repayment under Page 5 of 6 TCRP Measure I Prop 1B SLPP Prop 1B TCIF City Repayment under R10195 $678,323 $0 $0 $0 $566,181 $0 $0 $112,142 $0 $0 $0 $5,651,244 $0 $0 $0 $5,651,244 $0 $0 $0 $0 $0 $0 $14,490,158 $0 $590,638 $5,000,000 $0 $3,332,158 $5,567,362 $0 $0 $0 $0 $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 from North Vineyard Grade Separation. **Public Share is 80% less payment of developer share per Agreement from North Vineyard Grade Separation and also includes City repayment per Agreement R10195 from North Milliken Grade Separation Project. Packet Pg. 66 Attachment: S. Milliken Funding agreement (5240 : South Milliken Grade Separation Project

67 8.c Reconciliation of Agreements (N. Vineyard) and (S. Milliken): Calculated Shares - 80% Public / 20% City Total Project Cost Buy Down Public Share City Share N. Vineyard (est) $ 47,357,030 $ 7,073,656 $ 32,226,699 $ 8,056,675 S. Milliken $ 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 (est) $ 47,357,030 $ 7,073,656 $ 40,283,374 $ - S. Milliken $ 72,962,932 $ 8,072,931 $ 43,855,326 $ 21,034,675 Total $ 120,319,962 $ 15,146,949 $ 84,138,700 $ 21,034, Page 6 of 6 Packet Pg. 67 Attachment: S. Milliken Funding agreement (5240 : South Milliken Grade Separation Project

68 9 Date: November 7, 2018 Minute Action AGENDA ITEM: 9 Subject: Hearings to Consider Resolutions of Necessity for Property Interests for the Archibald Avenue Improvement Project Recommendation: That the Board, acting as the San Bernardino County Transportation Authority: 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 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 15 th day of September, 2005 (Assessor s Parcel Number [APN] ) (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 Necessity No 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: McDonald s USA, LLC, a Delaware Limited Liability Company, formerly known as Golden Arch Limited Partnership, a cancelled Delaware limited partnership (APN ) (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 Necessity No 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: Denny s Realty Inc., a Delaware corporation and/or Denny s Inc. (APN ) (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 Necessity No 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: Kuzina Development, LLC, a California Limited Liability Company (APN ) (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 Necessity No 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: Shil Kyoung Park and Minah Park, as Trustees of the Shil Park and Minah Park Living Trust dated March 29, 2005 (APN ) (hereinafter Park Property ). The Resolution must be approved by at least a two-thirds majority; and Entity: San Bernardino County Transportation Authority Packet Pg. 68

69 Board of Directors Agenda Item November 7, 2018 Page 2 9 G. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No authorizing and directing General Counsel, or her designees, to prepare, 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 ) (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 15 th 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 and (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. San Bernardino County Transportation Authority Packet Pg. 69

70 Board of Directors Agenda Item November 7, 2018 Page 3 9 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 San Bernardino County Transportation Authority Packet Pg. 70

71 Board of Directors Agenda Item November 7, 2018 Page 4 9 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. San Bernardino County Transportation Authority Packet Pg. 71

72 Board of Directors Agenda Item November 7, 2018 Page 5 9 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 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 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 Interchange Projects, Sub-Task No 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, SBCTA General Counsel has reviewed this item and the draft resolutions. Responsible Staff: Timothy Byrne, Project Delivery Manager Approved Board of Directors Date: November 7, 2018 Witnessed By: San Bernardino County Transportation Authority Packet Pg. 72

73 9.a Attachment A PowerPoint Presentation Attachment: Archibald RON Presentation (5236 : SR 60 Archibald RON's) Packet Pg. 73

74 9.a 10/17/2018 ARCHIBALD AVENUE IMPROVEMENT PROJECT RESOLUTION OF NECESSITY FOR PROJECT RIGHT OF WAY Board of Directors November 7, 2018 Presented by: Tim Byrne Project Delivery Manager SBCTA IS REQUESTED TO MAKE THE FOLLOWING FINDINGS: 1. The public interest and necessity require the proposed project 2. The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury 3. The real property to be acquired is necessary for the project 4. The offer of just compensation has been made to thepropertyowner Attachment: Archibald RON Presentation (5236 : SR 60 Archibald RON's) SBCTA Request Packet Pg. 74 1

75 9.a 10/17/2018 Project Location Attachment: Archibald RON Presentation (5236 : SR 60 Archibald RON's) Archibald Avenue Improvements Packet Pg. 75 2

76 9.a 10/17/2018 Parcel Locations Attachment: Archibald RON Presentation (5236 : SR 60 Archibald RON's) APN Hospitality Property Packet Pg. 76 3

77 9.a 10/17/2018 APN McDonald s Property Attachment: Archibald RON Presentation (5236 : SR 60 Archibald RON's) APN Denny s Property Packet Pg. 77 4

78 9.a 10/17/2018 APN Kuzina Property Attachment: Archibald RON Presentation (5236 : SR 60 Archibald RON's) APN Park Property Packet Pg. 78 5

79 9.a 10/17/2018 APN Malkhasian Property Date of First In Person Phone No. Ownership Contact Meetings Mailings Contacts E Mails Total B Hospitality Property 4/19/ C McDonald s Property 4/19/ D Denny s Property 4/19/ E Kuzina Property 4/19/ F Park Property 4/19/ G Malkhasian Property 4/19/ Communications as of October 4, 2018 Attachment: Archibald RON Presentation (5236 : SR 60 Archibald RON's) Communication Summary Packet Pg. 79 6

80 9.a 10/17/2018 Item Ownership Offer Date B 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 Offers of Just Compensation SBCTA IS REQUESTED TO MAKE THE FOLLOWING FINDINGS: 1. The public interest and necessity require the proposed project 2. The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury 3. The real property to be acquired is necessary for the project 4. The offer of just compensation has been made to thepropertyowner Attachment: Archibald RON Presentation (5236 : SR 60 Archibald RON's) Staff Recommendation Packet Pg. 80 7

81 9.a 10/17/2018 THANK YOU Questions/Comments Attachment: Archibald RON Presentation (5236 : SR 60 Archibald RON's) Packet Pg. 81 8

82 9.b Attachment: Patel & Joshi - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 82

83 9.b RESOLUTION NO 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 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 (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 Attachment: Patel & Joshi - FINAL RON (5236 : SR 60 Archibald RON's) WHEREAS, reasonable vehicular and pedestrian access to and from the Subject Property will be maintained at all times; and RES Page 1 of 4 Packet Pg. 83

84 9.b 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 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 ; 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 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 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 of the California Code of Civil Procedure; and WHEREAS, SBCTA may adopt a Resolution of Necessity pursuant to section of the California Code of Civil Procedure. Attachment: Patel & Joshi - FINAL RON (5236 : SR 60 Archibald RON's) NOW, THEREFORE, BE IT RESOLVED, by at least a two-thirds vote of SBCTA's Board of Directors under Code of Civil Procedure sections and , 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. RES Page 2 of 4 Packet Pg. 84

85 9.b Section 2. Compliance with California Code of Civil Procedure. There has been compliance by SBCTA with the requirements of section 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 (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; Attachment: Patel & Joshi - FINAL RON (5236 : SR 60 Archibald RON's) (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) Project; and The Property Interests sought to be acquired are necessary for the proposed (d) The offer required by section of the California Government Code has been made to the owner or owners of record. RES Page 3 of 4 Packet Pg. 85

86 9.b Section 7. Existing Public Use(s). Pursuant to sections and 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 San Bernardino County Transportation Authority Attachment: Patel & Joshi - FINAL RON (5236 : SR 60 Archibald RON's) ATTEST: Vicki Watson, Clerk of the Board San Bernardino County Transportation Authority RES Page 4 of 4 Packet Pg. 86

87 9.b Attachment: Patel & Joshi - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 87

88 9.b Attachment: Patel & Joshi - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 88

89 9.b Attachment: Patel & Joshi - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 89

90 9.b Attachment: Patel & Joshi - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 90

91 9.b Attachment: Patel & Joshi - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 91

92 9.b Attachment: Patel & Joshi - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 92

93 9.b Attachment: Patel & Joshi - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 93

94 9.b Attachment: Patel & Joshi - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 94

95 9.b Attachment: Patel & Joshi - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 95

96 9.b Attachment: Patel & Joshi - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 96

97 9.b Attachment: Patel & Joshi - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 97

98 9.b Attachment: Patel & Joshi - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 98

99 9.b Attachment: Patel & Joshi - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 99

100 9.c Attachment: McDonald's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 100

101 9.c RESOLUTION NO 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 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 (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 2455 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, 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 Attachment: McDonald's - FINAL RON (5236 : SR 60 Archibald RON's) WHEREAS, reasonable vehicular and pedestrian access to and from the Subject Property will be maintained at all times; and RES Page 1 of 4 Packet Pg. 101

102 9.c 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 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 ; 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 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 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 of the California Code of Civil Procedure; and WHEREAS, SBCTA may adopt a Resolution of Necessity pursuant to section of the California Code of Civil Procedure. Attachment: McDonald's - FINAL RON (5236 : SR 60 Archibald RON's) NOW, THEREFORE, BE IT RESOLVED, by at least a two-thirds vote of SBCTA's Board of Directors under Code of Civil Procedure sections and , 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. RES Page 2 of 4 Packet Pg. 102

103 9.c Section 2. Compliance with California Code of Civil Procedure. There has been compliance by SBCTA with the requirements of section 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 (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; Attachment: McDonald's - FINAL RON (5236 : SR 60 Archibald RON's) (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) Project; and The Property Interests sought to be acquired are necessary for the proposed (d) The offer required by section of the California Government Code has been made to the owner or owners of record. RES Page 3 of 4 Packet Pg. 103

104 9.c Section 7. Existing Public Use(s). Pursuant to sections and 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 Attachment: McDonald's - FINAL RON (5236 : SR 60 Archibald RON's) ATTEST: Vicki Watson, Clerk of the Board San Bernardino County Transportation Authority RES Page 4 of 4 Packet Pg. 104

105 9.c Attachment: McDonald's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 105

106 9.c Attachment: McDonald's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 106

107 9.c Attachment: McDonald's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 107

108 9.c Attachment: McDonald's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 108

109 9.c Attachment: McDonald's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 109

110 9.c Attachment: McDonald's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 110

111 9.c Attachment: McDonald's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 111

112 9.c Attachment: McDonald's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 112

113 9.c Attachment: McDonald's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 113

114 9.c Attachment: McDonald's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 114

115 9.d Attachment: Denny's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 115

116 9.d RESOLUTION NO 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 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 (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 2421 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 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 Attachment: Denny's - FINAL RON (5236 : SR 60 Archibald RON's) 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 RES Page 1 of Packet Pg. 116

117 9.d 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 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 ; 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 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 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 of the California Code of Civil Procedure; and WHEREAS, SBCTA may adopt a Resolution of Necessity pursuant to section of the California Code of Civil Procedure. Attachment: Denny's - FINAL RON (5236 : SR 60 Archibald RON's) NOW, THEREFORE, BE IT RESOLVED, by at least a two-thirds vote of SBCTA's Board of Directors under Code of Civil Procedure sections and , 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. RES Page 2 of Packet Pg. 117

118 9.d Section 2. Compliance with California Code of Civil Procedure. There has been compliance by SBCTA with the requirements of section 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 (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; Attachment: Denny's - FINAL RON (5236 : SR 60 Archibald RON's) (c) Project; and The Property Interests sought to be acquired are necessary for the proposed (d) The offer required by section of the California Government Code has been made to the owner or owners of record. RES Page 3 of Packet Pg. 118

119 9.d Section 7. Existing Public Use(s). Pursuant to sections and 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 San Bernardino County Transportation Authority Attachment: Denny's - FINAL RON (5236 : SR 60 Archibald RON's) ATTEST: Vicki Watson, Clerk of the Board San Bernardino County Transportation Authority RES Page 4 of Packet Pg. 119

120 9.d Attachment: Denny's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 120

121 9.d Attachment: Denny's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 121

122 9.d Attachment: Denny's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 122

123 9.d Attachment: Denny's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 123

124 9.d Attachment: Denny's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 124

125 9.d Attachment: Denny's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 125

126 9.d Attachment: Denny's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 126

127 9.d Attachment: Denny's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 127

128 9.d Attachment: Denny's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 128

129 9.d Attachment: Denny's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 129

130 9.d Attachment: Denny's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 130

131 9.d Attachment: Denny's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 131

132 9.d Attachment: Denny's - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 132

133 9.e Attachment: Kuzina - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 133

134 9.e RESOLUTION NO 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 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 (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 Attachment: Kuzina - FINAL RON (5236 : SR 60 Archibald RON's) 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 RES Page 1 of 4 Packet Pg. 134

135 9.e 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 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 ; 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 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 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 of the California Code of Civil Procedure; and WHEREAS, SBCTA may adopt a Resolution of Necessity pursuant to section of the California Code of Civil Procedure. Attachment: Kuzina - FINAL RON (5236 : SR 60 Archibald RON's) NOW, THEREFORE, BE IT RESOLVED, by at least a two-thirds vote of SBCTA's Board of Directors under Code of Civil Procedure sections and , 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. RES Page 2 of 4 Packet Pg. 135

136 9.e Section 2. Compliance with California Code of Civil Procedure. There has been compliance by SBCTA with the requirements of section 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 (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. following: (a) Findings. SBCTA hereby finds, determines and declares each of the The public interest and necessity require the proposed Project; Attachment: Kuzina - FINAL RON (5236 : SR 60 Archibald RON's) (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) Project; and The Property Interests sought to be acquired are necessary for the proposed (d) The offer required by section of the California Government Code has been made to the owner or owners of record. RES Page 3 of 4 Packet Pg. 136

137 9.e Section 7. Existing Public Use(s). Pursuant to sections and 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. adoption. Effective Date. This Resolution of Necessity shall take effect upon Adopted by the San Bernardino County Transportation Authority on November 7, 2018 by the following vote: AYES: NOES: ABSENT: Attachment: Kuzina - FINAL RON (5236 : SR 60 Archibald RON's) James C. Ramos, Board President San Bernardino County Transportation Authority ATTEST: Vicki Watson, Clerk of the Board San Bernardino County Transportation Authority RES Page 4 of 4 Packet Pg. 137

138 9.e Attachment: Kuzina - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 138

139 9.e Attachment: Kuzina - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 139

140 9.e Attachment: Kuzina - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 140

141 9.e Attachment: Kuzina - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 141

142 9.e Attachment: Kuzina - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 142

143 9.e Attachment: Kuzina - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 143

144 9.e Attachment: Kuzina - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 144

145 9.e Attachment: Kuzina - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 145

146 9.e Attachment: Kuzina - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 146

147 9.e Attachment: Kuzina - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 147

148 9.f Attachment: Park - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 148

149 9.f RESOLUTION NO 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 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 (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 Attachment: Park - FINAL RON (5236 : SR 60 Archibald RON's) 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 RES Page 1 of 4 Packet Pg. 149

150 9.f 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 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 ; 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 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 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 of the California Code of Civil Procedure; and WHEREAS, SBCTA may adopt a Resolution of Necessity pursuant to section of the California Code of Civil Procedure. Attachment: Park - FINAL RON (5236 : SR 60 Archibald RON's) NOW, THEREFORE, BE IT RESOLVED, by at least a two-thirds vote of SBCTA's Board of Directors under Code of Civil Procedure sections and , 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. RES Page 2 of 4 Packet Pg. 150

151 9.f Section 2. Compliance with California Code of Civil Procedure. There has been compliance by SBCTA with the requirements of section 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 (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. following: (a) Findings. SBCTA hereby finds, determines and declares each of the The public interest and necessity require the proposed Project; Attachment: Park - FINAL RON (5236 : SR 60 Archibald RON's) (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) Project; and The Property Interests sought to be acquired are necessary for the proposed (d) The offer required by section of the California Government Code has been made to the owner or owners of record. RES Page 3 of 4 Packet Pg. 151

152 9.f Section 7. Existing Public Use(s). Pursuant to sections and 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. Section 10. adoption. Effective Date. This Resolution of Necessity shall take effect upon Adopted by the San Bernardino County Transportation Authority on November 7, 2018 by the following vote: AYES: NOES: ABSENT: Attachment: Park - FINAL RON (5236 : SR 60 Archibald RON's) James C. Ramos, Board President San Bernardino County Transportation Authority ATTEST: Vicki Watson, Clerk of the Board San Bernardino County Transportation Authority RES Page 4 of 4 Packet Pg. 152

153 9.f Attachment: Park - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 153

154 9.f Attachment: Park - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 154

155 9.f Attachment: Park - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 155

156 9.f Attachment: Park - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 156

157 9.f Attachment: Park - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 157

158 9.f Attachment: Park - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 158

159 9.g Attachment: Malkhasian - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 159

160 9.g RESOLUTION NO 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 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 (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 Attachment: Malkhasian - FINAL RON (5236 : SR 60 Archibald RON's) WHEREAS, reasonable vehicular and pedestrian access to and from the Subject Property will be maintained at all times; and RES Page 1 of 4 Packet Pg. 160

161 9.g 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 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 ; 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 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 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 of the California Code of Civil Procedure; and WHEREAS, SBCTA may adopt a Resolution of Necessity pursuant to section of the California Code of Civil Procedure. Attachment: Malkhasian - FINAL RON (5236 : SR 60 Archibald RON's) NOW, THEREFORE, BE IT RESOLVED, by at least a two-thirds vote of SBCTA's Board of Directors under Code of Civil Procedure sections and , 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. RES Page 2 of 4 Packet Pg. 161

162 9.g Section 2. Compliance with California Code of Civil Procedure. There has been compliance by SBCTA with the requirements of section 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 (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. following: (a) Findings. SBCTA hereby finds, determines and declares each of the 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; Attachment: Malkhasian - FINAL RON (5236 : SR 60 Archibald RON's) and (c) The Property Interest sought to be acquired is necessary for the proposed Project; (d) The offer required by section of the California Government Code has been made to the owner or owners of record. RES Page 3 of 4 Packet Pg. 162

163 9.g Section 7. Existing Public Use(s). Pursuant to sections and 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. Section 10. adoption. Effective Date. This Resolution of Necessity shall take effect upon 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 Attachment: Malkhasian - FINAL RON (5236 : SR 60 Archibald RON's) ATTEST: Vicki Watson, Clerk of the Board San Bernardino County Transportation Authority RES Page 4 of 4 Packet Pg. 163

164 9.g Attachment: Malkhasian - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 164

165 9.g Attachment: Malkhasian - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 165

166 9.g Attachment: Malkhasian - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 166

167 9.g Attachment: Malkhasian - FINAL RON (5236 : SR 60 Archibald RON's) Packet Pg. 167

168 10 Date: November 7, 2018 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: That the Board, acting as the San Bernardino County Transportation Authority: 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 ). B. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No 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 for the Project from: LBA RV-Company I, LP (APN ) (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 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. Entity: San Bernardino County Transportation Authority Packet Pg. 168

169 Board of Directors Agenda Item November 7, 2018 Page 2 10 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 and (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. San Bernardino County Transportation Authority Packet Pg. 169

170 Board of Directors Agenda Item November 7, 2018 Page 3 10 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 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 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. San Bernardino County Transportation Authority Packet Pg. 170

171 Board of Directors Agenda Item November 7, 2018 Page 4 10 Financial Impact: This item is consistent with the Fiscal Year 2018/2019 budget under Task No Freeway Projects, Sub-Task No 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, 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 Date: November 7, 2018 Witnessed By: San Bernardino County Transportation Authority Packet Pg. 171

172 10.a Attachment A PowerPoint Presentation Attachment: I-10 Corridor RON Presentation (5235 : I-10 Contract 1 RONs) Packet Pg. 172

173 10.a 10/25/2018 I-10 CORRIDOR CONTRACT 1 PROJECT RESOLUTION OF NECESSITY FOR PROJECT RIGHT-OF-WAY Board of Directors Meeting November 7, 2018 Presenter: Brenda Schimpf SBCTA Right-of-Way Advisor SBCTA IS REQUESTED TO MAKE THE FOLLOWING FINDINGS: 1. The public interest and necessity require the proposed project 2. The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury Attachment: I-10 Corridor RON Presentation (5235 : I-10 Contract 1 RONs) 3. The real property to be acquired is necessary for the project 4. The offer of just compensation has been made to the property owner SBCTA Request Packet Pg

174 10.a 10/25/2018 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 I-10 Contract Improvements TCE: 4162 SF LBA RV-Company I, LP Attachment: I-10 Corridor RON Presentation (5235 : I-10 Contract 1 RONs) 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 APN Total Square Footage: Packet Pg. 174

175 10.a 10/25/2018 No. Ownership Date of First Contact In Person Meetings Mailings Phone Contacts E Mails Total B LBA RV Company I, LP APN /5/ Communications as of October 10, 2018 Communication Summary Item Ownership Offer Date B LBA RV Company I, LP APN /25/18 Attachment: I-10 Corridor RON Presentation (5235 : I-10 Contract 1 RONs) Offers of Just Compensation Packet Pg

176 10.a 10/25/2018 SBCTA ADOPT A RESOLUTION OF NECESSITY BASED ON THE FOLLOWING FINDINGS: 1. The public interest and necessity require the proposed project 2. The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury 3. The real property to be acquired is necessary for the project 4. The offer of just compensation has been made to the property owner THANK YOU Staff Recommendation Attachment: I-10 Corridor RON Presentation (5235 : I-10 Contract 1 RONs) Offers of Just Compensation Packet Pg

177 10.a 10/16/2018 SBCTA ADOPT A RESOLUTION OF NECESSITY BASED ON THE FOLLOWING FINDINGS: 1. The public interest and necessity require the proposed project 2. The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury 3. The real property to be acquired is necessary for the project 4. The offer of just compensation has been made to the property owner THANK YOU Staff Recommendation Attachment: I-10 Corridor RON Presentation (5235 : I-10 Contract 1 RONs) Offers of Just Compensation Packet Pg

178 10.b Attachment: LBA RV-Company - RON (5235 : I-10 Contract 1 RONs) Packet Pg. 178

179 10.b RESOLUTION NO 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 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 (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 Attachment: LBA RV-Company - RON (5235 : I-10 Contract 1 RONs) 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 RES Page 1 of 4 Packet Pg. 179

180 10.b WHEREAS, in accordance with section 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 ; 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 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 1 st Floor, 1170 W. 3 rd 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 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 of the California Code of Civil Procedure; and WHEREAS, SBCTA may adopt a Resolution of Necessity pursuant to section 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 and , SBCTA does hereby find and determine as follows: Attachment: LBA RV-Company - RON (5235 : I-10 Contract 1 RONs) 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. RES Page 2 of 4 Packet Pg. 180

181 10.b Section 2. Compliance with California Code of Civil Procedure. There has been compliance by SBCTA with the requirements of section 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 (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. following: (a) Findings. SBCTA hereby finds, determines and declares each of the 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; Attachment: LBA RV-Company - RON (5235 : I-10 Contract 1 RONs) (c) Project; and The Property Interest sought to be acquired are necessary for the proposed (d) The offer required by section of the California Government Code has been made to the owner or owners of record. RES Page 3 of 4 Packet Pg. 181

182 10.b Section 7. Existing Public Use(s). Pursuant to sections and 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. adoption. Effective Date. This Resolution of Necessity shall take effect upon 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 Attachment: LBA RV-Company - RON (5235 : I-10 Contract 1 RONs) Vicki Watson, Clerk of the Board San Bernardino County Transportation Authority RES Page 4 of 4 Packet Pg. 182

183 10.b Attachment: LBA RV-Company - RON (5235 : I-10 Contract 1 RONs) Packet Pg. 183

184 10.b Attachment: LBA RV-Company - RON (5235 : I-10 Contract 1 RONs) Packet Pg. 184

185 10.b Attachment: LBA RV-Company - RON (5235 : I-10 Contract 1 RONs) Packet Pg. 185

186 10.b Attachment: LBA RV-Company - RON (5235 : I-10 Contract 1 RONs) Packet Pg. 186

187 10.b Attachment: LBA RV-Company - RON (5235 : I-10 Contract 1 RONs) Packet Pg. 187

188 11 Date: November 7, 2018 Minute Action AGENDA ITEM: 11 Subject: RPRP: Reject and Re-Advertise Construction Contract for Rail Storage and Maintenance Facility Recommendation: That the Board, acting as the San Bernardino County Transportation Authority: A. Reject all bids received for Construction Contract No ; 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 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 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, 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, $5, $5, Dispute Review Board Allowance $20, $20, $20, All Construction; including labor, supervision and materials as specified Lump Sum $11,972, $24,525, $20,922, Total $11,997, $24,550, $20,947, 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. Entity: San Bernardino County Transportation Authority Packet Pg. 188

189 Board of Directors Agenda Item November 7, 2018 Page 2 11 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 , 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 Date: November 7, 2018 Witnessed By: San Bernardino County Transportation Authority Packet Pg. 189

190 12 Date: November 7, 2018 Subject: Generation Go Initiative and Career Pathways Minute Action AGENDA ITEM: 12 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 Date: November 7, 2018 Witnessed By: Entity: San Bernardino Council of Governments Packet Pg. 190

191 12.a 10/23/2018 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 inschool youth across the county Attachment: Career Pathways Presentation COG PDF (5225 : Generation Go Initiative and Career Pathways) Packet Pg

192 12.a 10/23/2018 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! Attachment: Career Pathways Presentation COG PDF (5225 : Generation Go Initiative and Career Pathways) Packet Pg

193 12.a 10/23/2018 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? Attachment: Career Pathways Presentation COG PDF (5225 : Generation Go Initiative and Career Pathways) Packet Pg

194 12.a 10/23/2018 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 Attachment: Career Pathways Presentation COG PDF (5225 : Generation Go Initiative and Career Pathways) Packet Pg

195 12.a 10/23/2018 Pilot Cohort 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 Attachment: Career Pathways Presentation COG PDF (5225 : Generation Go Initiative and Career Pathways) Packet Pg

196 12.a 10/23/2018 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 Info Mariann Johnson Deputy Director (909) Attachment: Career Pathways Presentation COG PDF (5225 : Generation Go Initiative and Career Pathways) Packet Pg

197 ADDITIONAL INFORMATION Communication: Attendance (Additional Information) Packet Pg. 197

198 BOARD OF DIRECTORS ATTENDANCE RECORD 2018 Name Jan Feb March April May June July Robert A. Lovingood Board of Supervisors Aug DARK X X X X X X X Sept Oct Nov Dec Janice Rutherford Board of Supervisors James Ramos Board of Supervisors Curt Hagman Board of Supervisors Josie Gonzales Board of Supervisors Rich Kerr City of Adelanto Curt Emick Town of Apple Valley Julie McIntyre City of Barstow Bill Jahn City of Big Bear Lake Eunice Ulloa City of Chino Ray Marquez City of Chino Hills Frank Navarro City of Colton Acquanetta Warren City of Fontana Darcy McNaboe City of Grand Terrace Bill Holland City of Hesperia X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X * X X X X X X X X X * X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Communication: Attendance (Additional Information) 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 Packet Pg. 198

199 Larry McCallon City of Highland BOARD OF DIRECTORS ATTENDANCE RECORD 2018 Name Jan Feb March April May June July Rhodes Dusty Rigsby City of Loma Linda Aug DARK X X X X X X X X X X X X X X X X X Sept Oct Nov Dec John Dutrey City of Montclair Edward Paget City of Needles Alan Wapner City of Ontario L. Dennis Michael City of Rancho Cucamonga Jon Harrison City of Redlands Deborah Robertson City of Rialto R. Carey Davis City of San Bernardino Joel Klink City of Twentynine Palms Debbie Stone City of Upland Jim Kennedy City of Victorville David Avila City of Yucaipa Rick Denison Town of Yucca Valley John Bulinski Ex-Official Member X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X * X X X X X X X * X * * * * X X X X X X X X X X X X X X X X X X X X X X X X X X * X * X X X X X X X X X X X X X X X X X X X X X X X X Christy Conners X Syed Raza X Janice Benton Communication: Attendance (Additional Information) 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 Packet Pg. 199

200 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 Communication: Acronym List (Additional Information) Packet Pg. 200

201 3/16/17 Acronym List 2 of 2 MAGLEV MARTA MBTA MDAB MDAQMD MOU MPO MSRC NAT NEPA OA OCTA PA&ED PASTACC PDT PNRS PPM PSE PSR PTA PTC PTMISEA RCTC RDA RFP RIP RSTIS RTIP RTP RTPA SB SAFE SAFETEA-LU SCAB SCAG SCAQMD SCRRA SHA SHOPP SOV SRTP STAF STIP STP TAC TCIF TCM TCRP TDA TEA TEA-21 TMC TMEE TSM TSSDRA USFWS VCTC VVTA WRCOG Magnetic Levitation Mountain Area Regional Transportation Authority Morongo Basin Transit Authority Mojave Desert Air Basin Mojave Desert Air Quality Management District Memorandum of Understanding Metropolitan Planning Organization Mobile Source Air Pollution Reduction Review Committee Needles Area Transit National Environmental Policy Act Obligation Authority Orange County Transportation Authority Project Approval and Environmental Document Public and Specialized Transportation Advisory and Coordinating Council Project Development Team Projects of National and Regional Significance Planning, Programming and Monitoring Funds Plans, Specifications and Estimates Project Study Report Public Transportation Account Positive Train Control Public Transportation Modernization, Improvement and Service Enhancement Account Riverside County Transportation Commission Redevelopment Agency Request for Proposal Regional Improvement Program Regionally Significant Transportation Investment Study Regional Transportation Improvement Program Regional Transportation Plan Regional Transportation Planning Agencies Senate Bill Service Authority for Freeway Emergencies Safe Accountable Flexible Efficient Transportation Equity Act A Legacy for Users South Coast Air Basin Southern California Association of Governments South Coast Air Quality Management District Southern California Regional Rail Authority State Highway Account State Highway Operations and Protection Program Single-Occupant Vehicle Short Range Transit Plan State Transit Assistance Funds State Transportation Improvement Program Surface Transportation Program Technical Advisory Committee Trade Corridor Improvement Fund Transportation Control Measure Traffic Congestion Relief Program Transportation Development Act Transportation Enhancement Activities Transportation Equity Act for the 21 st Century Transportation Management Center Traffic Management and Environmental Enhancement Transportation Systems Management Transit System Safety, Security and Disaster Response Account United States Fish and Wildlife Service Ventura County Transportation Commission Victor Valley Transit Authority Western Riverside Council of Governments Communication: Acronym List (Additional Information) Packet Pg. 201

202 AGENCY REPORTS Communication: Mobile Source Air Pollution Reduction Review Committee Agency Report (Agency Reports) Packet Pg. 202

203 REPORT: FROM: SYNOPSIS: Mobile Source Air Pollution Reduction Review Committee Larry McCallon, SBCTA Representative to the MSRC Below is a summary of key issues addressed at the MSRC s meeting on September 20, The next meeting is scheduled for Thursday, October 23, 2018, at 10:00 a.m., in Conference Room CC8. FYs 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 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, 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 Work Program. This contract award will be considered by the SCAQMD Board at its October 5, 2018 meeting. FYs Local Government Partnership Program The MSRC approved the release of Local Government Partnership PON under the FYs 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 Communication: Mobile Source Air Pollution Reduction Review Committee Agency Report (Agency Reports) Packet Pg. 203

204 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, 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 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; Communication: Mobile Source Air Pollution Reduction Review Committee Agency Report (Agency Reports) Packet Pg. 204

205 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; Communication: Mobile Source Air Pollution Reduction Review Committee Agency Report (Agency Reports) Packet Pg. 205

206 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 qq. install at least two electric vehicle charging stations; 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; Communication: Mobile Source Air Pollution Reduction Review Committee Agency Report (Agency Reports) Packet Pg. 206

207 uu. vv. 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 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 through the present. Communication: Mobile Source Air Pollution Reduction Review Committee Agency Report (Agency Reports) Packet Pg. 207

208 COMMITTEE MEMBERSHIP Communication: Representatives on SCAG Committees (Committee Membership) Packet Pg. 208

209 May 11, 2018 San Bernardino County Transportation Authority (SBCTA) Representatives on SCAG Committees Page 1 of 1 APPOINTING/ELECTING AUTHORITY REGIONAL COUNCIL (12:15 p.m.) Community, Economic, and Human Development POLICY COMMITTEES (Regional Council Members Serve on One Each) (Subregional Appointments) (County Commissions Appoint One to TC) (10:00 a.m.) Energy and Environment 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 Transportation 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 evennumbered 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 1 st 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. Communication: Representatives on SCAG Committees (Committee Membership) SBCTA Reps on SCAG Packet Pg. 209

210 October 4, 2018 Appointments to External Agencies Page 1 of 2 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 Inland Empire Economic Partnership (IEEP) The Sam and Alfreda L. Maloof Foundation for Arts and Crafts Gold Line Phase II Joint Powers Authority Metro Gold Line Foothill Extension Construction Authority Mobile Source Air Pollution Reduction Review Committee 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. 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. 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. John Dutrey, Montclair, Primary Curt Hagman, Supervisor, Alternate Alan Wapner, Ontario, Primary Deborah Robertson, Alternate Larry McCallon, Highland, Primary Vacant, Alternate Board of Directors President 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. 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. 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 12/31/19 12/31/19 12/31/18 12/31/18 12/31/18 12/31/18 12/31/18 Communication: Appointments to External Agencies (Committee Membership) SBCTA Appointments to External Agencies Packet Pg. 210

211 October 4, 2018 Appointments to External Agencies Page 2 of 2 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. SCAG Policy Committees See associated table. The Board has authorized the President to make appointments to SCAG Policy Committees. Southern California Regional Rail Authority SR 91 Advisory Committee California Vanpool Authority (CalVans) 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) 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 4 th Thursday of every other month at 11:00 a.m. at the Santa Ana Watershed Project Authority (SAWPA). 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. 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. 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. Rick Denison, Yucca Valley, Primary Vacant, Alternate, President SBCTA has not authorized payment of stipend for participation. 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. 12/31/19 See associated table Representatives on SCAG Committees Indefinite 12/31/20 12/31/20 Communication: Appointments to External Agencies (Committee Membership) SBCTA Appointments to External Agencies Packet Pg. 211

212 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. 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. 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) 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) 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 Bill Jahn, Big Bear Lake (Chair) L. Dennis Michael, Rancho Cucamonga (Vice Chair) Frank Navarro, Colton James Ramos, Supervisor Larry McCallon, Highland* David Avila, Yucaipa Deborah Robertson, Rialto Alan Wapner, Ontario* R. Carey Davis, San Bernardino** Acquanetta Warren, Fontana Ray Marquez, Chino Hills*** 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/ /31/2018 (6/30/2019) 12/31/2019 (6/30/2019) 12/31/ /31/2018 Indeterminate 12/31/ /31/2018 Indeterminate Indeterminate 12/31/2019 Indeterminate Communication: Committee Membership (Committee Membership) Packet Pg. 212

213 August 28, 2018 Page 2 of 5 San Bernardino County Transportation Authority (SBCTA) Policy Committee Membership COMMITTEE PURPOSE MEMBERSHIP TERMS 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 James Ramos, Supervisor Janice Rutherford, Supervisor Robert A. Lovingood, Supervisor 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 Indeterminate (6/30/2019) Indeterminate (6/30/2019) Indeterminate Indeterminate Indeterminate Indeterminate Indeterminate Indeterminate Indeterminate Indeterminate Indeterminate Indeterminate STUDY SESSION PURPOSE MEMBERSHIP TERMS Board of Directors Study Sessions for Metro Valley Issues Refer to SBCTA Policy 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) 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 Board of Directors Frank Navarro, Colton (Chair) Curt Hagman, Supervisor (Vice Chair) 6/30/2019 6/30/2019 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 Robert A. Lovingood, Supervisor Larry McCallon, Highland L. Dennis Michael, Rancho Cucamonga Frank Navarro, Colton Dusty Rigsby, Loma Linda Deborah Robertson, Rialto Janice Rutherford, Supervisor Jim Kennedy, Victorville Acquanetta Warren, Fontana Packet Pg. 213 Communication: Committee Membership (Committee Membership)

214 August 28, 2018 Page 3 of 5 Public and Specialized Transportation Advisory and Coordinating Council (PASTACC) COMMITTEE PURPOSE MEMBERSHIP TERMS 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 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 Meeting Dates and Time: Bi monthly, beginning in January, 2 nd Tuesday of the month, 10:00 a.m., (Location rotates: SBCTA Office, VVTA, MBTA) * Manager or Director may designate alternate/s 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 Communication: Committee Membership (Committee Membership) Packet Pg. 214

215 August 28, 2018 Page 4 of 5 Independent Taxpayer Oversight Committee (ITOC) Review of Measure I Expenditure Plan COMMITTEE PURPOSE MEMBERSHIP TERMS 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 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) SBCTA Ad Hoc Committees Donald Driftmier (A) Vacant (B) Wayne Hendrix (C) Norman Orfall (D) Mike Layne (E) James Ramos, Ex-Officio Ray Wolfe, Ex-Officio COMMITTEE PURPOSE MEMBERSHIP 12/31/20 12/31/20 12/31/22 12/31/18 12/31/22 Communication: Committee Membership (Committee 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 Packet Pg. 215

216 August 28, 2018 Page 5 of 5 Council of Governments Ad Hoc Committee In June 2016, the SBCTA Board President appointed this ad hoc committee. 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 provide direction relative to the Council of Governments annual work plan. To study the Bylaws and make recommendations to the Board on necessary or desirable Bylaws amendments. SBCTA Technical Advisory Committees Alan Wapner, Ontario Chair Curt Emick, Apple Valley Josie Gonzales, Supervisor Bill Jahn, Big Bear Lake Larry McCallon, Highland L. Dennis Michael, Rancho Cucamonga Frank Navarro, Colton James Ramos, Supervisor Janice Rutherford, Supervisor Alan Wapner, Ontario Robert Lovingood, County of San Bernardino Janice Rutherford, County of San Bernardino Dusty Rigsby, Loma Linda 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. 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. 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. Project Development Teams 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. 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. 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. 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. Generally meets on the first Monday of each month at 1:30 PM, at SBCTA. Meets on the first Thursday of each month at 10:00 AM, at SBCTA. Meets the 4th Wednesday of each month at 2:00 p.m. at the Santa Fe Depot (in the SCAG Office). Varies with the PDT. Packet Pg. 216 Communication: Committee Membership (Committee Membership)

217 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. Communication: Mission Statement (Mission Statement) Approved June 2, 1993 Reaffirmed March 6, 1996 mission.doc Packet Pg. 217