AGENDA Board of Directors Meeting May 1, 2019 *****Start Time: 10:00 a.m. (CLOSED SESSION)***** 1170 W. 3rd Street, San Bernardino, CA 92410, 2nd Fl. (The Super Chief) ****Convene Regular Meeting at 10:30 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 Larry McCallon, Mayor Pro Tem Jim Cox, Council Member Darcy McNaboe, Mayor City of Highland City of Victorville City of Grand Terrace Rhodes “Dusty” Rigsby, Mayor David Avila, Mayor Pro Tem Vice-President City of Loma Linda City of Yucaipa Frank Navarro, Mayor City of Colton John Dutrey, Mayor Rick Denison, Council Member City of Montclair Town of Yucca Valley Gabriel Reyes, Mayor City of Adelanto Edward Paget, Vice Mayor Robert Lovingood, Supervisor City of Needles County of San Bernardino Art Bishop, Council Member Town of Apple Valley Alan Wapner, Mayor Pro Tem Janice Rutherford, Supervisor City of Ontario County of San Bernardino Julie McIntyre, Mayor City of Barstow L. Dennis Michael, Mayor Dawn Rowe, Supervisor City of Rancho Cucamonga County of San Bernardino Bill Jahn, Council Member City of Big Bear Lake Toni Momberger, Council Member Curt Hagman, Supervisor City of Redlands County of San Bernardino Eunice Ulloa, Mayor City of Chino Deborah Robertson, Mayor Josie Gonzales, Supervisor City of Rialto County of San Bernardino Ray Marquez, Council Member City of Chino Hills John Valdivia, Mayor Michael Beauchamp, Caltrans City of San Bernardino Ex-Officio Member Acquanetta Warren, Mayor City of Fontana Joel Klink, Mayor Pro Tem Ray Wolfe, Executive Director City of Twentynine Palms Bill Holland, Mayor Pro Tem Eileen Teichert, General Counsel City of Hesperia Debbie Stone, Mayor City of Upland San Bernardino County Transportation Authority San Bernardino Council of Governments
AGENDA
Board of Directors May 1, 2019
***10:00 a.m. (CLOSED SESSION)*** 1170 W. 3rd St., 2nd Fl. (The Super Chief) San Bernardino, CA
CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Employee Title: Executive Director 2. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 54957.6 Agency Designated Representative: Darcy McNaboe, Board President Unrepresented Employee: Executive Director ** Convene Regular Meeting at 10:30 a.m. ** 1170 W. 3rd Street, 1st Floor Lobby Board Room, San Bernardino To obtain additional information on any items, please contact the staff person listed under each item. You are encouraged to obtain any clarifying information prior to the meeting to allow the Board to move expeditiously in its deliberations. Additional “Meeting Procedures” and agenda explanations are attached to the end of this agenda. CALL TO ORDER (Meeting Chaired by Darcy McNaboe) i. Pledge of Allegiance ii. Attendance iii. Announcements Calendar of Events Pg. 13 iv. Agenda Notices/Modifications
Possible Conflict of Interest Issues Note agenda item contractors, subcontractors and agents which may require member abstentions due to conflict of interest and financial interests. Board Member abstentions shall be stated under this item for recordation on the appropriate item. 1. Information Relative to Possible Conflict of Interest Pg. 14 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.
2 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. March 2019 Procurement Report Pg. 17 Receive the March 2019 Procurement Report. Presenter: Hilda Flores This item was received by the General Policy Committee on April 10, 2019. 3. Measure I Revenue Pg. 24 Receive report on Measure I receipts for Measure I 2010-2040. Presenter: Hilda Flores This item was received by the General Policy Committee on April 10, 2019. 4. Insurance Premium Update Pg. 26 Receive and file report on estimated insurance premiums for Fiscal Year 2019/2020. Presenter: Hilda Flores This item was received by the General Policy Committee on April 10, 2019. Consent - Air Quality/Traveler Services 5. Amendment No. 2 to Contract 15-1001307 with SoCalGas for the San Bernardino Pg. 28 Regional Energy Partnership That the Board, acting as the San Bernardino Council of Governments: Approve Amendment No. 2 to the San Bernardino Regional Energy Partnership Contract No. 15-1001307 with Southern California Gas Company (SoCalGas) to increase the contract value by $95,200 for a new total not-to-exceed amount of $543,200. Presenter: Nicole Soto This item was reviewed and recommended for approval (10-0-1; Abstained: Lovingood) by the General Policy Committee on April 10, 2019. SBCTA’s General Counsel and the Procurement Manager have reviewed this item and the draft amendment. Consent - Project Delivery 6. Mt. Vernon Viaduct Release of Final Request for Proposals for Design-Build Contract Pg. 36 That the Board, acting in its capacity as the San Bernardino County Transportation Authority: A. Authorize the release of Final Request for Proposals (RFP) 18-1001966 for the Mt. Vernon Viaduct Design-Build Contract, which solicits proposals from the previously shortlisted teams for final design, demolition of the existing bridge, and construction of a new bridge over the BNSF and Metrolink (SCRRA) railroad tracks, BNSF storage tracks, and an intermodal facility in the City of San Bernardino. B. Allow recommendation for award of Contract No. 18-1001966 to go directly to Board, based on the proposal that offers the best value. Presenter: Paula Beauchamp This item was reviewed and recommended for approval (11-0-0) without a quorum of the Board present at the Board of Directors Metro Valley Study Session on April 11, 2019. SBCTA General Counsel, Procurement Manager and Risk Manager have reviewed this item and the draft RFP. 3 7. Release IFB 19-1002026 for the I-215 Segments 1, 2 and 3 Establish Existing Planting Pg. 38 Project That the Board, acting in its capacity as the San Bernardino County Transportation Authority: A. Approve the Plans, Specifications, and Estimate (PS&E) for the Interstate 215 (I-215) Segments 1, 2 and 3 Establish Existing Planting (EEP) Project. B. Authorize advertising Invitation for Bids (IFB) 19-1002026 for the landscape maintenance of the I-215 Segments 1, 2 and 3 EEP Project. Presenter: Paula Beauchamp This item was reviewed and recommended for approval (12-0-0) without a quorum of the Board present at the Board of Directors Metro Valley Study Session on April 11, 2019. SBCTA General Counsel, Risk Manager and Procurement Manager have reviewed this agenda item and a draft of the IFB. 8. SR 210 Lane Addition, Base Line Interchange, and Pavement Rehabilitation Caltrans Pg. 40 Construction Cooperative Agreement Amendment, PS&E Approval and Request to Release IFB That the Board, acting as the San Bernardino County Transportation Authority: A. Approve Amendment No. 1 to Cooperative Agreement No. 17-1001722 with the California Department of Transportation (Caltrans) for the Construction of the State Route 210 (SR 210) Lane Addition, Pavement Rehabilitation, and Base Line Interchange (IC) project to add landscape construction and maintenance responsibilities and increase the San Bernardino County Transportation Authority local funding share (Measure I and City Developer Impact Fee share) by $16,015,788 for a new total of $130,745,788, and a new cooperative agreement total of $194,491,788. B. Approve the Plans, Specifications, and Estimate (PS&E) for the SR 210 Lane Addition, Pavement Rehabilitation, and Base Line IC project in San Bernardino County. C. Authorize advertising Invitation for Bids (IFB) 19-1002078 for the construction of the SR 210 Lane Addition, Pavement Rehabilitation, and Base Line IC project in San Bernardino County after funding allocation from the California Transportation Commission. Presenter: Paula Beauchamp This item was reviewed and recommended for approval (11-0-0) without a quorum of the Board present at the Board of Directors Metro Valley Study Session on April 11, 2019. SBCTA General Counsel and Procurement Manager have reviewed this item and the draft amendment. Consent - Transit 9. Update on Conversion of Diesel Multiple Unit to Zero or Low Emission Multiple Unit Pg. 48 Receive and file an update on the effort to convert a diesel multiple unit to a zero or low emission multiple unit. Presenter: Carrie Schindler This item was received by the Transit Committee on April 11, 2019.
4 10. Award for On-Call Right-of-Way Services Pg. 77 That the Board, acting as the San Bernardino County Transportation Authority: A. Approve Contract No. 18-1001924 with Epic Land Solutions, Inc. for On-Call Right-of- Way Services, to support current and future Transit and Rail projects and programs, for an amount described in Recommendation E, for a three-year term with two one-year options to extend. B. Approve Contract No. 19-1002007 with Bender Rosenthal, Inc. for On-Call Right-of-Way Services, to support current and future Transit and Rail projects and programs, for an amount described in Recommendation E, for a three-year term with two one-year options to extend. C. Approve Contract No. 19-1002008 with Overland, Pacific & Cutler, LLC for On-Call Right-of-Way Services, to support current and future Transit and Rail projects and programs, for an amount described in Recommendation E, for a three-year term with two one-year options to extend. D. Approve Contract No. 19-1002009 with Paragon Partners, Ltd. for On-Call Right-of-Way Services, to support current and future Transit and Rail projects and programs, for an amount described in Recommendation E, for a three-year term with two one-year options to extend. E. Approve a total not-to-exceed amount of $5,500,000 for Epic Land Solutions, Inc. (No. 18-1001924), Bender Rosenthal, Inc. (No. 19-1002007), Overland, Pacific & Cutler, LLC (No. 19-1002008), and Paragon Partners, Ltd (No. 19-1002009). Presenter: Victor Lopez This item was reviewed and unanimously recommended for approval by the Transit Committee on April 11, 2019. SBCTA’s General Counsel, Procurement Manager and Risk Manager have reviewed this item and the draft contracts.
11. Award for On-Call Right-of-Way Legal Services Pg. 109 That the Board, acting as the San Bernardino County Transportation Authority: A. Award Contract No. 18-1001925 to Meyers Nave Riback Silver & Wilson for On-Call Right-of-Way Legal Services for current and future Transit and Rail projects and programs, for an amount described in Recommendation C, for a three-year term with two one-year options to extend. B. Approve Contract No. 19-1002002 with Richards, Watson & Gershon for On-Call Right- of-Way Legal Services for current and future Transit and Rail projects and programs, for an amount described in Recommendation C, for a three-year term with two one-year options to extend. C. Approve a total not-to-exceed amount of $7,500,000 for Meyers Nave Riback Silver & Wilson (Contract No. 18-1001925) and Richards, Watson & Gershon (Contract No. 19- 1002002). Presenter: Victor Lopez This item was reviewed and recommended for approval (8-0-1; Abstained: Avila) by the Transit Committee on April 11, 2019. SBCTA’s General Counsel, Procurement Manager and Risk Manager have reviewed this item and the draft contracts.
5 Consent - Council of Governments 12. Grant Writing Consultant Contract Request for Proposals Pg. 117 That the Board, acting as the San Bernardino Associated Governments (SBCOG): A. Release Request for Proposals (RFP) 19-1002152 for a grant writing consultant. B. Authorize staff to proceed directly to Board without prior General Policy Committee review for award of Contract No. 19-1002152. Presenter: Monique Reza-Arellano This item was reviewed by the City/County Manager’s Technical Advisory Committee on April 4, 2019 and unanimously recommended for approval by the General Policy Committee on April 10, 2019. SBCTA’s General Counsel, Risk Manager and Procurement Manager have reviewed the item and draft RFP. Consent - Transportation Programming and Fund Administration 13. Transit and Specialized Transportation Planning Services Pg. 124 That the Board, acting as the San Bernardino County Transportation Authority: Approve Contract No. 19-1001998 with AMMA Transit Planning for Transit and Specialized Transportation Services in a not-to-exceed amount of $480,000 for three years with two one- year options. Presenter: Andrea Zureick This item was reviewed and unanimously recommended for approval by the Transit Committee on April 11, 2019. SBCTA’s General Counsel, Procurement Manager and Risk Manager have reviewed this item and the draft contract. 14. 2019 Update to the 10-Year Delivery Plan - Valley Highway Programs Pg. 128 Receive report on the planned update to the 10-Year Delivery Plan for the Valley Freeway Projects Program, Freeway Interchange Projects Program, and Valley Major Streets Program. Presenter: Andrea Zureick This item was received by the Board of Directors Metro Valley Study Session on April 11, 2019. 15. 2019 Update to the 10-Year Delivery Plan - Valley Transit Programs Pg. 133 Receive report on the planned update to the 10-Year Delivery Plan for the San Bernardino Valley Metrolink/Rail Service Program and San Bernardino Valley Express Bus/Bus Rapid Transit Service Program. Presenter: Andrea Zureick This item was received by the Transit Committee on April 11, 2019. Consent - Legislative/Public Outreach 16. State and Federal Legislative Update Pg. 138 Receive and file the April 2019 State and Federal Legislative Update. Presenter: Otis Greer This item was received by the General Policy Committee on April 10, 2019.
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. 6 DISCUSSION ITEMS Discussion - Project Delivery 17. Hearings to Consider Resolutions of Necessity for Property Interests for the Interstate Pg. 169 10 (“I-10”) Corridor Contract 1 Project (the “Project”) in the Cities of Montclair, Upland and Ontario That the Board of Directors, acting as the San Bernardino County Transportation Authority: A. Conduct public hearings to consider condemnation of interests in real property required for the Project in the Cities of Montclair, Upland and Ontario. B. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No. 19-114 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: Pacific Monte Vista LP, a Delaware limited partnership, (Assessor’s Parcel Number [APN] 1008-331-16) (hereinafter “Pacific Monte Vista 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. 19-115 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 for the Project from: James Lawrence Deason, Trustee of the Mary A. Pratt Family Provisions under the Robert T. Pratt and Mary A. Pratt Family Trust, dated September 1, 2000, (APN 1047-252-20) (hereinafter “Pratt Trust 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. 19-116 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 for the Project from: T & S Allied Investments LLC., a California Limited Liability Company (APN 1047-172-17) (hereinafter “T & S Allied 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. 19-117 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: Trac Ngoc Pham and Cindy Huong Giang Dang, husband and wife, as Trustees of The Pham and Dang Family Trust, a Revocable Living Trust dated October 5th, 2018 (APN 1047-424-03) (hereinafter “Pham 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. 19-113 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: PanCal Ontario Phase Two 255 LLC, a Delaware limited liability company (APN 0238-051-39 and APN 0238-051-40) (hereinafter “PanCal Ontario Property”). The Resolution must be approved by at least a two-thirds majority. Presenter: Brenda Schimpf This item was reviewed and recommended (15-0-0) to proceed to Hearings of Resolutions of Necessity by the Board of Directors with a quorum of the Board present at the Board of Directors Metro Valley Study Session on April 11, 2019. SBCTA General Counsel has reviewed this item and the draft resolutions.
7 Discussion - Administrative Matters 18. Fiscal Year 2019/2020 Proposed SBCTA Budget and Fiscal Year 2019/2020 SBCOG Pg. 319 Budget Workshop That the Board, acting as the San Bernardino County Transportation Authority (SBCTA): A. Receive the Fiscal Year 2019/2020 Initiatives and Action Plan. B. Receive a presentation of the Fiscal Year 2019/2020 Proposed Budget. C. Conduct Board of Directors Workshop for SBCTA Proposed Fiscal Year 2019/2020 Budget at the May 1, 2019 Board Meeting. That the Board, acting as the San Bernardino Associated Governments (SBCOG): D. Adopt the Fiscal Year 2019/2020 Budget for SBCOG with appropriations of $1,834,285, transfers out of $145,250 and estimated revenues of $843,469. Presenter: Hilda Flores The Board of Directors during the Metro Valley Study Session and Mountain/Desert Policy Committee meetings reviewed the Budget Overview for each program. All SBCTA policy committees have reviewed task descriptions and budget for activities under their purview. Public Comment Brief Comments from the General Public Comments from Board Members Brief Comments from Board Members Executive Director's Comments Brief Comments from the Executive Director
ADJOURNMENT Additional Information Attendance Pg. 329 Acronym List Pg. 331 Agency Reports Mobile Source Air Pollution Reduction Review Committee Agency Report Pg. 334 Committee Membership Representatives on SCAG Committees Pg. 338 Appointments to External Agencies Pg. 339 Committee Membership Pg. 341 Mission Statement Mission Statement Pg. 347
8 Meeting Procedures and Rules of Conduct
Meeting Procedures - The Ralph M. Brown Act is the state law which guarantees the public’s right to attend and participate in meetings of local legislative bodies. These rules have been adopted by the Board of Directors in accordance with the Brown Act, Government Code 54950 et seq., and shall apply at all meetings of the Board of Directors and Policy Committees. Accessibility - The SBCTA meeting facility is accessible to persons with disabilities. If assistive listening devices or other auxiliary aids or services are needed in order to participate in the public meeting, requests should be made through the Clerk of the Board at least three (3) business days prior to the Board meeting. The Clerk’s telephone number is (909) 884-8276 and office is located at 1170 W. 3rd Street, 2nd Floor, San Bernardino, CA. Agendas – All agendas are posted at 1170 W. 3rd Street, 1st Floor, San Bernardino at least 72 hours in advance of the meeting. Staff reports related to agenda items may be reviewed at the SBCTA offices located at 1170 W. 3rd Street, 2nd Floor, San Bernardino and our website: www.gosbcta.com. Agenda Actions – Items listed on both the “Consent Calendar” and “Discussion” contain recommended actions. The Board of Directors will generally consider items in the order listed on the agenda. However, items may be considered in any order. New agenda items can be added and action taken by two-thirds vote of the Board of Directors or unanimous vote of members present as provided in the Ralph M. Brown Act Government Code Sec. 54954.2(b). Closed Session Agenda Items – Consideration of closed session items excludes members of the public. These items include issues related to personnel, pending litigation, labor negotiations and real estate negotiations. Prior to each closed session, the Chair will announce the subject matter of the closed session. If action is taken in closed session, the Chair may report the action to the public at the conclusion of the closed session. Public Testimony on an Item – Members of the public are afforded an opportunity to speak on any listed item. Individuals wishing to address the Board of Directors or Policy Committee Members should complete a “Request to Speak” form, provided at the rear of the meeting room, and present it to the Clerk prior to the Board's consideration of the item. A "Request to Speak" form must be completed for each item an individual wishes to speak on. When recognized by the Chair, speakers should be prepared to step forward and announce their name and address for the record. In the interest of facilitating the business of the Board, speakers are limited to three (3) minutes on each item. Additionally, a twelve (12) minute limitation is established for the total amount of time any one individual may address the Board at any one meeting. The Chair or a majority of the Board may establish a different time limit as appropriate, and parties to agenda items shall not be subject to the time limitations. Members of the public requesting information be distributed to the Board of Directors must provide 40 copies of such information in advance of the meeting, except for noticed public hearings. Information provided as public testimony is not read into the record by the Clerk. The Consent Calendar is considered a single item, thus the three (3) minute rule applies. Consent Calendar items can be pulled at Board member request and will be brought up individually at the specified time in the agenda allowing further public comment on those items. Agenda Times – The Board is concerned that discussion take place in a timely and efficient manner. Agendas may be prepared with estimated times for categorical areas and certain topics to be discussed. These times may vary according to the length of presentation and amount of resulting discussion on agenda items.
9 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!
10 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.
11 Call for the Question. At times, a Member of the Board/Committee may “Call for the Question.” Upon a “Call for the Question,” the Chair may order that the debate stop or may allow for limited further comment to provide clarity on the proceedings. Alternatively and at the Chair’s discretion, the Chair may call for a vote of the Board/Committee to determine whether or not debate is stopped. The Chair re-states the motion before the Board/Committee and calls for the vote on the item. The Chair. At all times, meetings are conducted in accordance with the Chair’s direction. These general practices provide guidelines for orderly conduct. From time-to-time circumstances require deviation from general practice. Deviation from general practice is at the discretion of the Chair. Courtesy and Decorum. These general practices provide for business of the Board/Committee to be conducted efficiently, fairly and with full participation. It is the responsibility of the Chair and Members to maintain common courtesy and decorum.
Adopted By SANBAG Board of Directors January 2008 Revised March 2014 Revised May 4, 2016
12 Important Dates to Remember… May 2019
SBCTA Meetings – Cancelled: None
SBCTA Meetings – Scheduled: SBCTA Lobby, General Policy Committee May 8 9:00 am 1st Floor SBCTA Lobby, Transit Committee May 9 9:00 am 1st Floor SBCTA Lobby, Metro Valley Study Session May 9 9:30 am 1st Floor SBCTA Lobby, 1-10/I-15 Corridor Joint Sub-Committee May 9 10:00 am 1st Floor Mojave Desert Mountain/Desert Committee May 17 9:30 am AQMD
Other Meetings/Events:
None Communication: Calendar of Events (Announcements)
For additional information, please call SBCTA at (909) 884-8276
CalenMay19 Packet Pg. 13 1
Minute Action
AGENDA ITEM: 1 Date: May 1, 2019 Subject: Information Relative to Possible Conflict of Interest Recommendation: Note agenda items and contractors/subcontractors, which may require member abstentions due to possible conflicts of interest. Background: In accordance with California Government Code 84308, members of the Board may not participate in any action concerning a contract where they have received a campaign contribution of more than $250 in the prior twelve months from an entity or individual, except for the initial award of a competitively bid public works contract. This agenda contains recommendations for action relative to the following contractors:
Item No. Contract No. Principals & Agents Subcontractors 5 15-1001307 Southern California Gas Company None Daniel J. Rendler 10A 18-1001924 Epic Land Solutions, Inc. David Evans & Associates Psomas Holly Rockwell, Kim Bibolet Santolucito Dore Group Donna Desmond Associates Desmond, Marcello & Amster Partner Engineering and Science, Inc. J&G Industries 10B 19-1002007 Bender Rosenthal, Inc. Nv5-Butsko Utility Design Cydney Reents, Brenda Schimpf Commonwealth Land Title Company David Evans & Associates Donna Desmond Associates Hendrickson Appraisal Company Rincon Consultants Santolucito Dore Group Hjelmstrom and Associates 10C 19-1002008 Overland, Pacific & Cutler, LLC Hennessey & Hennessey LLC Mark La Bonte, Victoria Cook, Integra Realty Resource Josh Cosper R.P. Laurain & Associates Desmond, Marcello & Amster, LLC Donna Desmond Associates Hodges Lacey & Associates Coast Surveying, Inc Psomas Entity: San Bernardino Council of Governments, San Bernardino County Transportation Authority Packet Pg. 14 1 Board of Directors Agenda Item May 1, 2019 Page 2
Item No. Contract No. Principals & Agents Subcontractors 10C (cont.) Commonwealth Land Title Company Interior Demolition Inc Converse Consultants JM Diaz, Inc. JMD 10D 19-1002009 Paragon Partners, Ltd BRI Appraisal Neilia LaValle, Mark Mendoza Commonwealth Land Title Company Del Richardson & Associates, Inc. Desmond, Marcello & Amster, LLC Donna Desmond Associates ECO & Associates First American Title Hammad & Associates Hodges Lacey & Associates J&G Industries Keith Settle & Company, Inc. Kiley Company RT Engineering & Associates, Inc. SLS Property Solutions Tait & Associates, Inc. Towill Valbridge Property Advisors Valentine Appraisal & Associates 11A 18-1001925 Meyers Nave Riback Silver & None Wilson David Skinner
11B 19-1002002 Richards, Watson & Gershon None Regina Danner
13 19-1001998 AMMA Transit Planning Heather Menninger 17B APN Pacific Monte Vista LP None 1008-331-16 David Rosen 17C APN Mary A. Pratt Family Provisions None 1047-252-20 under the Robert T. Pratt and Mary A. Pratt Family Trust James Lawrence Deason 17D APN T&S Allied Investments LLC None 1047-172-17 Cliff Sun 17E APN Trac Ngoc Pham and None 1047-424-03 Cindy Huong Giang Dang
Packet Pg. 15 1 Board of Directors Agenda Item May 1, 2019 Page 3
Item No. Contract No. Principals & Agents Subcontractors 17F APNs PanCal Ontario Phase Two 255 LLC None 0238-051-39 Jennie Reno 0238-051-40 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: May 1, 2019 Witnessed By:
Packet Pg. 16 2
Minute Action
AGENDA ITEM: 2 Date: May 1, 2019 Subject: March 2019 Procurement Report Recommendation: Receive the March 2019 Procurement Report. Background: The Board of Directors adopted the Contracting and Procurement Policy (Policy No. 11000) on January 3, 1997, and approved the last revision on January 4, 2017. The Board of Directors authorized the Executive Director, or designee, to approve: a) contracts and purchase orders up to $100,000 and for purchase orders originally $100,000 or more, increasing the purchase order amount up to 10% of the original purchase order value, not-to-exceed $25,000; b) amendments with a zero dollar value; c) amendments to exercise the option term if the option term was approved by the Board of Directors in the original contract; d) amendments that cumulatively do not exceed 50% of the original contract value or $100,000, whichever is less; and e) release Request for Proposals (RFP), Request for Qualifications (RFQ) and Invitation for Bids (IFB) for proposed contracts from which funding has been approved in the Annual Budget, and are estimated not-to-exceed $1,000,000. The Board of Directors further authorized General Counsel to award and execute legal services contracts up to $100,000 with outside counsel as needed. A list of all Contracts and Purchase Orders that were executed by the Executive Director and/or General Counsel during the month of March 2019 is presented herein as Attachment A, and all RFPs and IFBs are presented in Attachment B. Financial Impact: This item is consistent with the Fiscal Year 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 April 10, 2019. Responsible Staff: Hilda Flores, Chief Financial Officer
Approved Board of Directors Date: May 1, 2019 Witnessed By:
Entity: San Bernardino Council of Governments, San Bernardino County Transportation Authority Packet Pg. 17 2.a
Attachment A March Contract Actions
New Contracts Executed:
Description of Dollar Contract No. Vendor Name Description of Specific Services Amount Overall Program 19-1002085 Rancho Cucamonga City of Rancho $100,000.00 The SB 743 for the Countywide Cucamonga Countywide SB 743 Implementation Implementation Study study will prepare the cities/county for implementation of requirements which involves new transporation impact analysis using vehicle miles of travel as the basis.
Attachment: March Procurement report Attachment A (5705 : 2019 Report)
Page 1 of 5
Packet Pg. 18 2.a
Attachment A March Amendment Actions
Contract Amendments Executed:
Reason for Contract No. Previous Dollar Amendment (include a Amended & Amendment Vendor Name Amendments & Amount of description of the Contract Total No. Dollar Values Amendment amendment) C13068 Exercise the second Public Original $80,000.00 $593,000.00 Amendment 2 option year and Financial $425,000.00 increase contract Management, Amendment 1 amount. Project: LLC $88,000.00 Investment Advisory services for SBCTA
Attachment: March Procurement report Attachment A (5705 : 2019 Report)
Page 2 of 5
Packet Pg. 19 2.a
Attachment A
March Contract Task Order Actions
Contract Task Order (CTO) Executed:
Dollar Contract No. Vendor Contract Previously Description of CTO Amount of & CTO No. Name Amount Issued CTOs CTO
C14086 Extended the period WSP $26,750,000.00 Various CTOs Original CTO 37 performance completion Shared with totaling $50,000.00 Amendment 5 and increased funding to Mott $6,173,680.28 Amendment 1 ensure CTO is MacDonald not including $40,000.00 sufficiently funded for (C14003) CTO 37 Amendment 2 on-going engineering $0.00 plan review for Amendment 3 right-of-entry permit $55,764.00 applications. Amendment 4 $0.00 Amendment 5 $39,515.00
Total $185,279.00 C14185 Extended the period of AppleOne $1,000,000.00 Various CTOs Original CTO 7 performance and Shared with totaling $16,000.00 Amendment 2 increase CTO for MACs $274,157.03 Amendment 1 continued use of (C14184) and not including $2,000.00 scanning clerk. JM Staffing CTO 7 Amendment 2 (C14134) $7,000.00
Total $25,000.00 C14185 Hired a temporary AppleOne $1,000,000.00 Various CTOs Original CTO 8 Certificate of Insurance Shared with totaling $60,028.00 technician to assist in MACs $239,129.03 maintaining and (C14184) and not including Total updating vendor JM Staffing CTO 8 $60,028.00 insurance information. (C14134) Attachment: March Procurement report Attachment A (5705 : 2019 Report)
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Attachment A March Purchase Order Actions
Purchase Orders:
PO Dollar PO No. PO Issue Vendor Name Description of Services Amount Date
4001887 3/4/19 Rancho FSP Marketing, Education and Awareness, $7,150.00 Cucamonga Vanpool Program Marketing –at the Rancho Quakes Cucamonga Quakes 2019 season. 4001889 3/6/19 Johnson Controls Add a Fire Alarm to the LAFCO office at the $33,000.00 Fire, Protection Santa Fe Depot. LP 4001894 3/12/19 Inland Empire Advertisement of 511 system upon merge with $7,500.00 66ers Baseball, LA Metro at the Inland Empire 66ers 2019 Club San season. Bernardino 4001892 3/12/19 A&I Reprographics services for the RPRP Mainline $15,195.60 Reprographics and Maintenance facility. 4001897 3/28/19 Inland Empire Annual membership renewal for IEEP, $15,000.00 Economic Jan 1, 2019 through Dec 31, 2019. Partnerships Foundation 4001896 3/28/19 Carahsoft Annual Subscription for Granicus IQM2 for $6,118.20 Technology MinuteTraq software to continue providing Corporation online agenda processing for an additional year through July 31, 2020.
Attachment: March Procurement report Attachment A (5705 : 2019 Report)
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Attachment A March Purchase Order Amendment Actions
Purchase Order Amendments Executed:
Description of Purchase Order Previous Dollar Amended PO Services and No. & Vendor Name Amendments Amount of Total Reason for Amendment No. & Dollar Amendment Amendment Values None
Attachment: March Procurement report Attachment A (5705 : 2019 Report)
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Attachment B March RFP’s and IFB’s
Release of RFP’s and IFB’s
Anticipated Description of Release RFP/IFB No. Description of Anticipated Dollar Overall Program Date Services Award Date Amount and Program Budget None Attachment: March Procurement report Attachment B (5705 : 2019 Report)
Page 1 of 1 Packet Pg. 23 3
Minute Action
AGENDA ITEM: 3 Date: May 1, 2019 Subject: Measure I Revenue Recommendation: Receive report on Measure I receipts for Measure I 2010-2040. Background: Sales tax revenue collections for Measure I 2010 through 2040 began on April 1, 2010. Cumulative total receipts for Fiscal Year 2018/2019 as of March 31, 2019 were $136,954,944. 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 January through March represent sales tax collections from October through December. Measure I revenue for the Fiscal Year 2018/2019 budget was estimated to be $166.9 million. Actual Measure I receipts for Fiscal Year 2018/2019 January through March are $46,035,191 in comparison to $44,007,900 received during the quarter ending March 2017/2018, with an increase of 4.61%. The Department of Tax and Fee Administration was delayed in distributing sales tax relating to the first and second quarters due to issues in converting to new software. The majority of those funds were distributed in the third quarter of 2018. Therefore, an artificial increase resulted in the third quarter and a subsequent decrease in the fourth quarter of 2018. We expect normal trends from this point forward. Financial Impact: Measure I revenues for the third quarter of Fiscal Year 2018/2019 are higher than prior years’ collections. Measure I revenues are expected to exceed the budgeted amount for Fiscal Year 2018/2019. Reviewed By: This item was received by the General Policy Committee on April 10, 2019. Responsible Staff: Hilda Flores, Chief Financial Officer
Approved Board of Directors Date: May 1, 2019 Witnessed By:
Entity: San Bernardino County Transportation Authority Packet Pg. 24 3.a
Summary of SBCTA Measure I Receipts 2010-2040
July- October- January- Fiscal Year Cumulative Total Fiscal Year September December March April- June Total To Date
Receipts Prior to FY 2010/11 $7,158,800 Fiscal Year 2010/11 28,188,907 29,207,950 28,808,766 29,397,456 115,603,079 $122,761,879 Fiscal Year 2011/12 31,027,319 33,547,956 32,757,419 33,476,051 130,808,745 $253,570,624 Fiscal Year 2012/13 34,279,449 35,076,980 34,336,570 34,309,171 138,002,171 $391,572,794 Fiscal Year 2013/14 35,430,012 35,403,641 36,843,452 35,789,045 143,466,150 $535,038,944 Fiscal Year 2014/15 37,253,007 38,007,716 38,225,122 37,132,591 150,618,437 $685,657,380 Fiscal Year 2015/16 39,298,056 40,309,825 40,950,261 38,929,588 159,487,730 $845,145,110 Fiscal Year 2016/17 41,123,141 40,742,242 41,465,217 39,801,939 163,132,539 $1,008,277,649 Fiscal Year 2017/18 43,117,814 42,305,693 44,007,900 39,149,611 168,581,018 $1,176,858,666 Fiscal Year 2018/19 41,560,927 49,358,825 46,035,191 0 136,954,944 $1,313,813,611 % Increase Over 17/18 -3.61% 16.67% 4.61% -100.00% Attachment: SI Receipts (5706 : Measure I Revenue - 3rd Qtr 2018/2019)
Packet Pg. 25 4
Minute Action
AGENDA ITEM: 4 Date: May 1, 2019 Subject: Insurance Premium Update Recommendation: Receive and file report on estimated insurance premiums for Fiscal Year 2019/2020. Background: The San Bernardino County Transportation Authority (SBCTA) Board of Directors approved Contract No. 19-1002035 with Alliant Insurance Services for Risk Management and Broker Services on February 6, 2019. In addition to the agreement with the current insurance broker, SBCTA’s various insurance policies are set to expire on June 30, 2019. Alliant Insurance Services, as part of their responsibilities, has taken the insurance requirements for SBCTA out to market for renewal.
The following programs and premiums are included in the renewal:
Actual Not To Exceed Amount Δ 7/1/18 - 7/1/19 7/1/19 - 7/1/20 Excess Liability: (General, Automobile, Public Officials E&O, Employment Practices) $50,000 deductible Premium: $ 229,864 $ 252,850 10% Admin Fee: $ 7,500 $ - Cyber Liability (information security/tech E&O, data breach) Premium: $ 15,813 $ 17,395 10% Workers Compensation Exposure Base (payroll) $ 5,900,771 $ 6,012,830 2% Rate per $100 Payroll (avg.) $ 0.937 $ 1.012 8% Standard Premium $ 55,314 $ 60,874 10% State Assessments $ 2,195 $ 2,415 10% Premium: $ 57,509 $ 63,288 10% Property Total Insurable Values (TIV) $ 30,259,914 $ 30,426,804 1% Rate per $100 TIV $ 0.1280 $ 0.1408 10% Premium: $ 38,743 $ 42,852 11%
Earthquake Premium: N/A $ 31,068 100% Crime (employee dishonesty up to $1M policy limit) Premium: $ 3,287 $ 3,451 5% Excess Crime ($9M xs of $1M policy limit) Premium: $ 12,257 $ 12,870 5% Total Premium: $ 364,973 $ 423,775 16% Broker Fee $49,000 $28,000 -43% Entity: San Bernardino Council of Governments, San Bernardino County Transportation Authority Packet Pg. 26 4 Board of Directors Agenda Item May 1, 2019 Page 2
The various insurance premiums for the upcoming Fiscal Year 2019/2020 are trending slightly high for several reasons. The net premium increase is anticipated to be no more than $58,802. Firstly, the figures represented are “not-to-exceed” dollar amounts that were provided with the expectation of actual figures being lower. Current insurance marketplace options are trending upward throughout the industry as losses trend higher and conditions continue to change. Overall, insurance industry premiums for property coverages are up 10%-15% and for some industries, the liability market is up almost 100%. Public entity coverage in California has been and continues to be a challenging market to obtain positive underwriting results.
Over the last several years, SBCTA’s insurance broker of record has recommended increasing the amounts of coverage for the agency. The policies being reflected by the premiums above, also reflect broader coverages and in most cases more appropriate limits of coverage. There is the addition of coverage for property damage due to earthquake activity that was not previously part of SBCTA’s lines of coverage. Financial Impact: This item has no impact on the Fiscal Year 2018/2019 Budget. Budgeted amount is inlcuded in the proposed budget for Fiscal Year 2019/2020. A budget amendment may be necessary for earthquake coverage insurance. Reviewed By: This item was received by the General Policy Committee on April 10, 2019. Responsible Staff: Hilda Flores, Chief Financial Officer
Approved Board of Directors Date: May 1, 2019 Witnessed By:
San Bernardino Council of Governments San Bernardino County Transportation Authority Packet Pg. 27 5
Minute Action
AGENDA ITEM: 5 Date: May 1, 2019 Subject: Amendment No. 2 to Contract 15-1001307 with SoCalGas for the San Bernardino Regional Energy Partnership Recommendation: That the Board, acting as the San Bernardino Council of Governments: Approve Amendment No. 2 to the San Bernardino Regional Energy Partnership Contract No. 15-1001307 with Southern California Gas Company (SoCalGas) to increase the contract value by $95,200 for a new total not-to-exceed amount of $543,200. Background: In 2008, the California Public Utilities Commission (CPUC) adopted the state’s first Long Term Energy Efficiency Strategic Plan, creating a framework to address the need for long-term energy efficiency goals and savings throughout the state. Within the strategic plan, the Local Government Partnership (LGP) program was developed for implementing energy efficiency programs across government entities. The LGP program, managed by Investor Owned Utilities (IOUs) and supported by California utility ratepayers, sets the goal for local governments to lead by example and to identify energy efficiency projects within their facilities and communities. In April of 2015, the CPUC approved the formation of the San Bernardino Regional Energy Partnership (SBREP), a free program for cities within San Bernardino County. On September 2, 2015, San Bernardino Associated Governments Board of Directors approved contracts with Southern California Edison (SCE) and Southern California Gas Company (SoCalGas) to fund implementation of the SBREP. To date, twelve cities (Chino, Chino Hills, Fontana, Highland, Montclair, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Twentynine Palms, Upland and Yucca Valley) have passed a Resolution declaring support for the SBREP and its goals and commitment in identifying energy efficiency solutions within their facilities and communities. Cities invited to participate in the SBREP included those that do not operate their own utilities. The overall goal of the SBREP is to support cities with implementing energy efficiency upgrades within their facilities by offering free resources, technical assistance, energy efficiency programs and by encouraging them to lead by example. In addition to supporting municipalities, the SBREP provides education and support to residents within the community. Since 2015, SBREP participating cities have reduced more than six million kilowatts (kWhs), more than 3,500 Therms, and received more than $2.5 Million in rebates and incentives. To further analyze energy usage in facilities and to identify energy efficiency opportunities, San Bernardino Council of Governments (SBCOG), on behalf of Chino Hills, Fontana, Rancho Cucamonga and Twentynine Palms, applied for and received additional funding to conduct energy use benchmarking for targeted city-owned facilities. Conducting benchmarking for these cities has provided them the tools and sample policies to analyze energy use within their facilities with the ability to compare their performance to other buildings of similar operations and size.
Entity: San Bernardino Council of Governments Packet Pg. 28 5 Board of Directors Agenda Item May 1, 2019 Page 2
As part of the community support and outreach component, the partnership in coordination with SCE and SoCalGas hosted, for the fourth year, the Holiday Light Exchange and Energy Efficiency Starter Kit events, where residents served by SCE and SoCalGas had the opportunity to exchange their old incandescent holiday lights for energy efficient Light Emitting Diode (LED) holiday lights and/or receive a complimentary energy efficiency starter kit at no cost.
The holiday light exchange and energy efficiency starter kit events took place in 2018 as follows: City of Upland Holiday Tree Lighting Ceremony, November 26th City of Montclair Holiday Tree Lighting Ceremony, November 29th City of Chino Hills Tree Lighting Ceremony, December 1st City of Rialto Holiday Parade and Vendor Fair, December 8th City of Fontana Festival of Winter, December 8th City of Rancho Cucamonga Winter Wonderland, December 14th To continue providing participating cities the opportunity to receive enhanced incentives, free technical assistance and other valuable resources, staff requests approval of Amendment No. 2 to Contract No. 15-1001307 with SoCalGas for continued implementation of the SBREP. Financial Impact: This item is consistent with the Fiscal Year 2018/2019 Budget. Reviewed By: This item was reviewed and recommended for approval (10-0-1; Abstained: Lovingood) by the General Policy Committee on April 10, 2019. SBCTA’s General Counsel and the Procurement Manager have reviewed this item and the draft amendment. Responsible Staff: Nicole Soto, Management Analyst II
Approved Board of Directors Date: May 1, 2019 Witnessed By:
San Bernardino Council of Governments Packet Pg. 29 Contract Summary Sheet 5.a General Contract Information
Contract No: 15-1001307 Amendment No.: 2 Sole Source? No
Vendor No.: 02920 Vendor/Customer Name: Southern California Gas Company
Description: Implementation of the San Bernardino Regional Energy Partnership
Estimated Start Date: 09/02/2015 Expiration Date: 03/31/2019 Revised Expiration Date: 03/31/2020
List Any SBCTA Related Contracts Nos.: Dollar Amount Original Contract $ 112,000.00 Original Contingency $ - Prior Amendments $ 336,000.00 Prior Amendments $ - Current Amendment $ 95,200.00 Current Amendment $ - Total/Revised Contract Value $ 543,200.00 Total Contingency Value $ - Total Dollar Authority (Contract Value and Contingency) $ 543,200.00 Contract Authorization Board of Directors Date: 05/01/2019 Board Item # 5727
Contract Management (Internal Purposes Only)
Receivable Receivable No Budget Adjustment Accounts Payable Total Contract Funding: $ - Total Contingency: $ -
GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: -
Accounts Receivable Total Contract Funding: $ 543,200.00
Funding Agreement No: 15-1001306 Reversion Date:
GL: 6001 10 0111 0709 48001004 72,750.00 GL: - GL: 6001 10 0111 0709 48001014 58,200.00 GL: - GL: 6001 10 0111 0709 48001024 412,250.00 GL: - GL: 6001 10 0111 0709 48001034 - GL: - GL: - GL: -
Nicole Soto Duane A. Baker Project Manager (Print Name) Task Manager (Print Name) Attachment: CSS (5727 : Amendment No. 2 to Contract 15-1001307 with SoCalGas for implementation of the SBREP) Additional Notes:
Form 200 05/2018 Packet Pg.1/1 30 5.b
SECOND AMENDMENT TO AGREEMENT TO JOINTLY DELIVER THE 2015 SAN BERNARDINO REGIONAL ENERGY PARTNERSHIP PROGRAM
This SECOND AMENDMENT TO THE AGREEMENT TO JOINTLY DELIVER THE 2015 SAN BERNARDINO REGIONAL ENERGY PARTNERSHIP PROGRAM (this “Second Amendment”) is effective as of January 1, 2019 (“Second Amendment Effective Date”), is entered into by and between SOUTHERN CALIFORNIA GAS COMPANY (“SCG” or “Utility”) and SAN BERNARDINO ASSOCIATED GOVERNMENTS (“SANBAG”). SCG and SANBAG are sometimes referred to herein individually as a “Party” or collectively as the “Parties”. Initially capitalized terms used but not defined herein shall have the meaning ascribed to them in the Agreement (as defined below).
RECITALS
WHEREAS, the Parties entered into that certain Agreement to Jointly Deliver the 2015 San Bernardino Regional Energy Partnership Program effective as of September 2, 2013, as amended by that certain First Amendment, effective as of January 1, 2016 (collectively, the “Agreement”);
WHEREAS, on October 28, 2015, the Commission issued Decision D.15-10-028 approving the continuation of the Energy Efficiency Partnership Programs, including continuation of the Program for 2016 and beyond; and
WHEREAS, the Parties desire to amend the Agreement (1) to extend its term through December 31, 2019, (2) to provide an authorized budget for the 2019 Program, and (3) to otherwise update the Agreement as required to reflect the extended 2019 Program cycle.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. To the extent applicable, any reference in the Agreement, as amended, to the “2015 Program” shall also hereby include the 2019 Program.
2. Section 11 of the Agreement is hereby deleted in its entirety and replaced with the following:
“11. END DATE FOR PROGRAM AND ADMINISTRATIVE ACTIVITES
Unless this Agreement is terminated pursuant to Section 25 below, or unless otherwise agreed to by the Parties or so ordered by the Commission, the Parties shall complete all Program Administrative activities (as defined in the PIP) and all reporting requirements by no later than March 31, 2020, and all Direct Implementation and Marketing & Outreach activities by no later than December 31, 2019.”
3. Section 12 of the Agreement is hereby deleted in its entirety and replaced with the following:
“12. FINAL INVOICES
SANBAG must submit final invoices to Utility no later than March 31, 2020.”
4. Section 25.1 of the Agreement is hereby deleted in its entirety and replaced with the following:
“25.1 TERM
Attachment: 15-1001307_02 Contract (5727 : Amendment No. 2 to 15-1001307 with SoCalGas for implementation of the SBREP)
SANBAG Contract No. 15-1001307_02 Packet Pg. 31 5.b
This Agreement shall be effective as of January 1, 2019. Subject to Section 37 (as defined in the PIP), the Agreement shall continue in effect until March 31, 2020, unless otherwise terminated in accordance with the provisions of Section 25.2 or 30 (as defined in the PIP).”
5. Section 26 of the Agreement is hereby deleted in its entirety and replaced with the following:
“26. WRITTEN NOTICES
Any written notice, demand or request required or authorized in connection with the Agreement shall be deemed properly given if delivered in person or sent by nationally recognized overnight courier, or first class mail, postage prepaid to the address specified below, or to another address specified in writing by a Party as follows:
SANBAG: SCG:
Nicole Soto Ana Aceves SANBAG Southern California Gas Company Management Analyst Program Manager 1170 W. Third Street, 2nd Floor 555 W. Fifth Street, GT20B4 San Bernardino, CA 92410 Los Angeles, CA 90013 Tel: 909-884-8276 Tel: 213-244-2220 Email: [email protected] Email: [email protected]
Notices shall be deemed received (a) if personally or hand-delivered, upon the date of delivery to the address of the person to receive such notice if delivered before 5:00 p.m. PST (or PDT, as applicable), or otherwise on the Business Day following personal delivery; (b) if mailed, three (3) Business Days after the date the notice is postmarked; (c) if by electronic mail, upon electronic confirmation of transmission; or (d) if by overnight courier, on the Business Day following delivery to the overnight courier within the time limits set by that courier for next-day delivery.”
6. This Second Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall be deemed to be one and the same instrument.
7. Exhibit B-2 to the Agreement is hereby deleted in its entirety and replaced with the version of Exhibit B-2 attached to this Second Amendment, which attached version is incorporated herein by reference and made a part of the Agreement.
8. Exhibit C to the Agreement is hereby deleted in its entirety and replaced with the version of Exhibit C attached to this Second Amendment, which attached version is incorporated herein by reference and made a part of the Agreement.
9. From and after the Second Amendment Effective Date, any reference to the Agreement contained in any notice, request, certificate or other instrument, document or agreement shall be deemed to mean the Agreement, as amended by any prior amendments to the Agreement, and this Second Amendment. In the event of any conflict between the Agreement, as amended, and this Second Amendment, this Second Amendment shall prevail. All remaining provisions of the Agreement shall remain unchanged and in full force and effect. Each party is fully responsible for ensuring that the person signing this Second Amendment on that party’s behalf has the requisite legal authority to do so.
[SIGNATURES FOLLOW ON NEXT PAGE] Attachment: 15-1001307_02 Contract (5727 : Amendment No. 2 to 15-1001307 with SoCalGas for implementation of the SBREP)
SANBAG Contract No. 15-1001307_02 Packet Pg. 32 5.b
IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed by their duly authorized representatives as of the Second Amendment Effective Date.
SANBAG: SAN BERARDINO ASSOCIATED GOVERNMENTS:
By: ______
Name: Darcy McNaboe
Title: Board President
Date: ______
APPROVED AS TO LEGAL FORM:
By: ______
Name: Julianna K. Tillquist
Title: Assistant General Counsel
Date: ______
SCG: SOUTHERN CALIFORNIA GAS COMPANY:
By: ______
Name: Daniel J. Rendler
Title: Director, Customer Programs & Assistance
Date: ______
Attachment: 15-1001307_02 Contract (5727 : Amendment No. 2 to 15-1001307 with SoCalGas for implementation of the SBREP)
SANBAG Contract No. 15-1001307_02 Packet Pg. 33 5.b
EXHIBIT B-2
SAN BERARDINO REGIONAL ENERGY PARTNERSHIP and SOUTHERN CALIFORNIA GAS COMPANY
2015 – 2019 GOALS & PROGRAM BUDGET
Natural Gas Therm Savings Target: 2015 - 2018 2019 SCG 94,162 Therms 20,000 Therms Other non-resource goals are contained in the SCG PIP in Exhibit B.
Estimated Allocations for SGVCOG Partnership Authorized Budget 2015 – 2018 2019 Administration $60,000 $12,750 Marketing & Outreach $48,000 $10,200 Direct Implementation $340,000 $72,250 Total Budget $448,000 $95,200
Incentives are available as part of SCG Core Program’s Incentive Budget. The incentive level is $1.50 per therm for calculated measures or 80% of the equipment cost, whichever is the lesser of the two. Incentives for deemed measures are in accordance with the incentive levels for the applicable SCG Core Programs.
Attachment: 15-1001307_02 Contract (5727 : Amendment No. 2 to 15-1001307 with SoCalGas for implementation of the SBREP)
SANBAG Contract No. 15-1001307_02 Packet Pg. 34 5.b
Exhibit C
SANBAG’s Labor Rate Schedule
SANBAG’s Fully Burdened Labor Rates:
The rates in below table are fully burdened (see footnotes) and serve as maximum billing rates, subject to Footnote 4 below, for actual costs incurred for each labor title.
Position Fixed Hourly Rate Deputy Executive Director 208.65 Management Analyst $67.36 Administrative Assistant $45.54 Intern $12.00
Footnotes: (1) The hourly rates set forth herein include all related cost including, but not limited to, actual wages, statutory taxes, benefits, insurance.
(2) Any reimbursable expenses, including any and all subcontractor expenses, shall be reimbursed at actual cost without markup. All reimbursable expenses require written approval, in advance, by the SoCalGas Representative referenced in this contract.
(3) For avoidance of doubt, the hourly rates apply to SANBAG staff and Contractors, as applicable.
The Parties acknowledge that SANBAG’s actual burdened labor hourly rates may fluctuate month to month during the fiscal year due to changes in various costs. SANBAG therefore will bill SoCalGas each month based on its actual fixed hourly rate as indicated in the table above. In September of each year, SANBAG will reconcile the “fringe” costs as a single line item to capture the fringe cost for the reporting period, including certain labor overhead. Notwithstanding the foregoing, the reconciled fringe rate billed may not be more than a maximum of 10% above the rate set forth in the Fixed Hourly Rate above, and SANBAG shall not require SoCalGas to pay SANBAG more than the total budgeted amount as indicated in Exhibit B-2. Any increase of a “fringe” cost rate that is more than 10% of the amounts in the Rate Table shall require a prior written amendment of the Agreement.
(4) SANBAG will bill SoCalGas each month based on payroll posting dates, not total monthly working dates.
(5) The rates set forth in this Exhibit C may be modified only with prior written approval from SoCalGas’ program manager. Such modifications will not require formal written amendment of this Agreement, except as otherwise provided herein.
Attachment: 15-1001307_02 Contract (5727 : Amendment No. 2 to 15-1001307 with SoCalGas for implementation of the SBREP)
SANBAG Contract No. 15-1001307_02 Packet Pg. 35 6
Minute Action
AGENDA ITEM: 6 Date: May 1, 2019 Subject: Mt. Vernon Viaduct Release of Final Request for Proposals for Design-Build Contract Recommendation: That the Board, acting in its capacity as the San Bernardino County Transportation Authority: A. Authorize the release of Final Request for Proposals (RFP) 18-1001966 for the Mt. Vernon Viaduct Design-Build Contract, which solicits proposals from the previously shortlisted teams for final design, demolition of the existing bridge, and construction of a new bridge over the BNSF and Metrolink (SCRRA) railroad tracks, BNSF storage tracks, and an intermodal facility in the City of San Bernardino. B. Allow recommendation for award of Contract No. 18-1001966 to go directly to Board, based on the proposal that offers the best value. Background: San Bernardino County Transportation Authority (SBCTA) has been the lead implementing agency on this project since 2016 through a cooperative agreement with the City of San Bernardino (City). The existing bridge over the SCRRA and BNSF tracks, the BNSF storage yard and intermodal facility in San Bernardino has a sufficiency rating of 2 out of 100. The City advanced the project through initial environmental clearance in 2011 and was working on advancing project design; however, due to limited resources and delays in railroad coordination, the City executed an agreement with SBCTA to take over the management of the project through completion of construction.
In 2017, legislation was approved for this project as a design-build (DB) project, and work has been progressing towards the procurement of a contract for DB delivery of this project. A contract for legal advisement services was awarded by the SBCTA Board (Board) in May 2018, and a contract for Project and Construction Management was awarded by the Board in July 2018. During this time, preliminary engineering work was advanced on the project, a preliminary engineering and funding agreement was reached with BNSF in June 2018, by which BNSF will contribute funding to the project, and reevaluation of the environmental document was approved in October 2018.
The Board approved release of a Request for Qualifications (RFQ) in September 2018, to solicit Statements of Qualifications from interested DB teams. SBCTA received seven proposals in October 2018, and following an extensive review process by an evaluation team, four teams were shortlisted in December 2018. Work has been continuing on the development of a Request for Proposals (RFP) to be submitted to these four teams. The RFP consists of Instructions to Proposers (ITP), a draft contract, technical provisions detailing the requirements for the design and construction of the project, and reference plans and information to document work done to date on the project.
The ITP was issued in February 2019, and a draft RFP was issued in March 2019. During the last several months and continuing forward, meetings have been held with the four teams to Entity: San Bernardino County Transportation Authority Packet Pg. 36 6 Board of Directors Agenda Item May 1, 2019 Page 2 solicit feedback on the draft documents and to address any concerns by the teams or by SBCTA. This feedback is being incorporated into the final RFP. It is anticipated that the release of this final RFP, subject to Board approval, would occur around the end of May.
The anticipated schedule for the project after release of the final RFP is for receipt of final proposals in July, followed by evaluation of those proposals and selection of a team based on the highest score. Scoring is based on a best value scoring, which includes both price and technical strength. Staff anticipates requesting the Board’s approval of a contract this fall. Following award of this contract, demolition of the existing bridge is anticipated in early 2020, followed by utility relocations, site work, and construction of a new bridge by 2023.
The total project cost is around $200 million, which is funded primarily by Federal Highway Bridge Program (HBP) funds and a $29.5 million contribution by BNSF. Per SBCTA’s cooperative agreement with the City, any balance of costs will be covered between the City’s share of Measure I arterial funds and Developer Impact Fees. It is anticipated that the DB contract will be roughly one-third of the total project cost, with the other costs covering preliminary design and environmental, right-of-way, legal services, project and construction management, and financing.
Staff recommends approval of this agenda item, so the procurement process can continue and award of a DB contract can be executed this year. This will help expedite getting the existing bridge demolished and a new bridge built that meets current design standards. Since the project schedule is very compressed, staff is also requesting to allow the recommendation for award of this contract to go directly to Board without prior committee review. Financial Impact: Release of this RFP does not have any direct financial impact other than the provision of a stipend to be paid to responsive, responsible proposers. The award of a contract based on the proposals submitted from this RFP will result in a large contract that will be paid out over several years. The budget for the stipends and the design-build contract is consistent with both the Fiscal Year 2018/2019 and the proposed Fiscal Year 2019/2020 budgets under Task No. 0860 Arterial Projects, Sub-Task No. 0827 Mount Vernon Avenue Viaduct. Reviewed By: This item was reviewed and recommended for approval (11-0-0) without a quorum of the Board present at the Board of Directors Metro Valley Study Session on April 11, 2019. SBCTA General Counsel, Procurement Manager and Risk Manager have reviewed this item and the draft RFP. Responsible Staff: Paula Beauchamp, Director of Project Delivery and Toll Operations
Approved Board of Directors Date: May 1, 2019 Witnessed By:
San Bernardino County Transportation Authority Packet Pg. 37 7
Minute Action
AGENDA ITEM: 7 Date: May 1, 2019 Subject: Release IFB 19-1002026 for the I-215 Segments 1, 2 and 3 Establish Existing Planting Project Recommendation: That the Board, acting in its capacity as the San Bernardino County Transportation Authority: A. Approve the Plans, Specifications, and Estimate (PS&E) for the Interstate 215 (I-215) Segments 1, 2 and 3 Establish Existing Planting (EEP) Project. B. Authorize advertising Invitation for Bids (IFB) 19-1002026 for the landscape maintenance of the I-215 Segments 1, 2 and 3 EEP Project. Background: In October 2016 and January 2017, the San Bernardino County Transportation Authority (SBCTA) Board approved Cooperative Agreements C14120, 15-1001216 and 17-1001613 respectively with the California Department of Transportation (Caltrans), whereby SBCTA is the lead agency for construction of landscape replacement work on the Interstate 215 (I-215) North Corridor within the City of San Bernardino, generally spanning between Orange Show Road and State Route 210 (SR 210). The subject matter of this item is on I-215 from Orange Show Road to Muscupiabe Drive and on State Route 259 (SR 259) from Base Line Street to Highland Avenue, Segments 1, 2 and 3. In addition to landscape construction and the one year of plant establishment period, SBCTA shall provide four years of Establish Existing Planting (EEP) maintenance.
In November 2017, the SBCTA Board approved the award of Contract No. 17-1001678 to Griffith Company for the highway landscape construction followed by one year of plant establishment from Orange Show Road to 5th Street, Segments 1 and 3. This contract is scheduled for completion in October 2019. The new four year EEP contact is required to be in place at that time.
In December 2018, the SBCTA Board approved the award of Contract No. 17-1001614 to Diversified Landscape Company for landscape replacement work followed by one year of plant establishment from 5th Street to Muscupiabe Drive and on SR 259 from Base Line Street to Highland Avenue, Segment 2. This project, including the plant establishment phase, is scheduled for completion in November 2020. Upon completion of the landscape replacement work, the new four year EEP contact is required to be in place.
Per the Cooperative Agreements mentioned above, SBCTA shall advertise and award a contract for the four year landscape EEP maintenance and shall be responsible for the water costs during the first two years of this maintenance period for each segment. After the first two-year period, Caltrans will be responsible for payment of water supplied to the project. The Engineers Estimate for the cost of this EEP maintenance work, including supplemental funds and contingency, is $1,126,500.
Entity: San Bernardino County Transportation Authority Packet Pg. 38 7 Board of Directors Agenda Item May 1, 2019 Page 2
Staff is recommending approval of the PS&E, which is on file with the SBCTA Clerk of the Board, and authorization to advertise IFB 19-1002026 for the I-215 Segment 1, 2 and 3 EEP Project. Financial Impact: This project is consistent with the Fiscal Year 2018/2019 Budget under Task No. 0820 Freeway Projects, Sub-Task No. 0838 I-215 Construction. Reviewed By: This item was reviewed and recommended for approval (12-0-0) without a quorum of the Board present at the Board of Directors Metro Valley Study Session on April 11, 2019. SBCTA General Counsel, Risk Manager and Procurement Manager have reviewed this agenda item and a draft of the IFB. Responsible Staff: Paula Beauchamp, Director of Project Delivery and Toll Operations
Approved Board of Directors Date: May 1, 2019 Witnessed By:
San Bernardino County Transportation Authority Packet Pg. 39 8
Minute Action
AGENDA ITEM: 8 Date: May 1, 2019 Subject: SR 210 Lane Addition, Base Line Interchange, and Pavement Rehabilitation Caltrans Construction Cooperative Agreement Amendment, PS&E Approval and Request to Release IFB Recommendation: That the Board, acting as the San Bernardino County Transportation Authority: A. Approve Amendment No. 1 to Cooperative Agreement No. 17-1001722 with the California Department of Transportation (Caltrans) for the Construction of the State Route 210 (SR 210) Lane Addition, Pavement Rehabilitation, and Base Line Interchange (IC) project to add landscape construction and maintenance responsibilities and increase the San Bernardino County Transportation Authority local funding share (Measure I and City Developer Impact Fee share) by $16,015,788 for a new total of $130,745,788, and a new cooperative agreement total of $194,491,788. B. Approve the Plans, Specifications, and Estimate (PS&E) for the SR 210 Lane Addition, Pavement Rehabilitation, and Base Line IC project in San Bernardino County. C. Authorize advertising Invitation for Bids (IFB) 19-1002078 for the construction of the SR 210 Lane Addition, Pavement Rehabilitation, and Base Line IC project in San Bernardino County after funding allocation from the California Transportation Commission. Background: This project includes three work components which have been combined into one construction package as all three are roughly within the same limits and have similar schedules. The SR 210 Lane Addition work proposes to improve SR 210 within the cities of Highland, Redlands, San Bernardino and unincorporated sections of San Bernardino County, with the addition of one mixed flow lane in each direction within the median of SR 210, generally between Highland Avenue in the City of San Bernardino and San Bernardino Avenue in the City of Redlands. The SR 210 Base Line Interchange project, in the City of Highland, includes widening of the Base Line overcrossing at the SR 210 along with additional ramp widening improvements for the northbound on-ramp, northbound off-ramp and southbound on-ramps. In the spring of 2017, Caltrans identified Pavement Rehabilitation Project (Rehab) EA 1J060, as a project to be combined with the SR 210 Lane Addition Project because it falls within the same project limits and there was potential State Highway Operations and Protection Program (SHOPP) and Senate Bill 1 (SB1) funding available for this work. San Bernardino County Transportation Authority (SBCTA) and Caltrans jointly developed cost estimates for design and construction to add the Rehab Project into the existing SBCTA project. Caltrans agreed to fully fund the Rehab Project through SB1 and/or SHOPP funds, programming $3.375 million for design and $38.746 million for construction at the California Transportation Commission (CTC) meeting in October 2017.
On January 4, 2018, the SBCTA Board of Directors (Board) approved Cooperative Agreement No. 17-1001722 with Caltrans for the SR 210 Lane Addition, SR 210 Base Line Interchange and SR 210 Pavement Rehabilitation Project, defining roles, responsibilities, and funding associated
Entity: San Bernardino County Transportation Authority Packet Pg. 40 8 Board of Directors Agenda Item May 1, 2019 Page 2 with the construction capital and construction support, and specifying SBCTA as the lead agency for the project administration and funding. The funding for the combined project utilizes SHOPP funds, Regional Improvement Program (RIP) funds from the State Transportation Improvement Program (STIP), and local funding consisting of Measure I freeway funding, Measure I interchange funds, and City of Highland Developer Impact Fees (DIF). This contract includes $171,000 payable to Caltrans for State Furnished Materials.
On July 11, 2018, the Board approved an amendment to Cooperative Agreement No. 00-1000791, with the City of Highland, for the SR 210 Base Line Interchange project, to include the construction phase and increase the project funding.
Recommendation A: The construction co-operative agreement executed with Caltrans in January 2018, did not address the landscaping phase of the project. This proposed amendment specifies that replacement landscape will be provided through the project as required. This landscaping construction work plus one year plant establishment will be part of the construction contract. A separate contract for the extended plant establishment period would be executed at a later date. The amendment also addresses increased construction costs. Since January 2018, the 100% PS&E package has been completed along with a detailed reevaluation of the project cost estimate. This work has shown a cost increase of $19 million due to increased labor and material costs, higher escalation rates, and some added work for complying with recent Caltrans Standards and design developments. The increased local share cost in this amendment also includes the cost increase already reflected in the current construction cooperative agreement with the City of Highland and the already awarded construction management contract for these combined projects. This amendment will increase the SBCTA local funding (Measure I and City DIF share) by $16,015,788 to a new amount of $130,745,788.
Recommendation B: The design and right-of-way phase is concluding and staff is requesting the Board approve the final PS&E package, which has already been conditionally approved by Caltrans. Final PS&E approval is needed for allocation of construction state RIP and SHOPP funds. These funds have a deadline for allocation from the CTC by the end of the 2018/2019 State fiscal year. A copy of the PS&E plans is on file with the SBCTA Clerk of the Board.
Recommendation C: Staff anticipates receiving the CTC allocation at the mid-May CTC meeting. Staff is recommending that the Board authorize advertisement of the construction contract for the project through the release of IFB No. 19-1002078, subject to CTC allocation of funds and Federal authorization to proceed with construction. A future agenda item for award of a construction contract for this project would then be anticipated to be brought directly to the Board later this calendar year.
Staff recommends approval of all recommendations.
Financial Impact: This item is consistent with the Fiscal Year 2018/2019 Budget under Task No. 0820 Freeway Projects, Sub-Task No. 0887 State Route 210 Lane Addition and Task No. 0830 Interchange Projects, Sub-Task No. 0803 SR 210 Base Line Interchange.
San Bernardino County Transportation Authority Packet Pg. 41 8 Board of Directors Agenda Item May 1, 2019 Page 3
Reviewed By: This item was reviewed and recommended for approval (11-0-0) without a quorum of the Board present at the Board of Directors Metro Valley Study Session on April 11, 2019. SBCTA General Counsel and Procurement Manager have reviewed this item and the draft amendment. Responsible Staff: Paula Beauchamp, Director of Project Delivery and Toll Operations
Approved Board of Directors Date: May 1, 2019 Witnessed By:
San Bernardino County Transportation Authority Packet Pg. 42 Contract Summary Sheet 8.a General Contract Information
Contract No: 17-1001722 Amendment No.: 1 Sole Source? N/A
Vendor No.: 00450 Vendor/Customer Name: California Department of Transportation
Description: SR 210 Lane Addition, Pvmt Rehabilitation, Baseline IC, Construction Coop Amend (08-1646 A/1)
Estimated Start Date: 01/04/2018 Expiration Date: 12/31/2023 Revised Expiration Date:
List Any SBCTA Related Contracts Nos.: C12148, C13114, 00-100791, C13027 Dollar Amount Original Contract $ 171,000.00 Original Contingency $ - Prior Amendments $ - Prior Amendments $ - Current Amendment $ - Current Amendment $ - Total/Revised Contract Value $ 171,000.00 Total Contingency Value $ - Total Dollar Authority (Contract Value and Contingency) $ 171,000.00 Contract Authorization Board of Directors Date: 05/01/2019 Board Item # 5704
Contract Management (Internal Purposes Only)
Payable Capital Project Contracts No Budget Adjustment Accounts Payable Total Contract Funding: $ 171,000.00 Total Contingency: $ -
GL: 4110 40 0820 0887 53701 41100000 171,000.00 GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: -
Accounts Receivable Total Contract Funding: $ -
Funding Agreement No: Reversion Date:
GL: GL: - GL: GL: - GL: - GL: - GL: - GL: - GL: - GL: -
Juan Lizarde Paula Beauchamp Attachment: 17-1001722-1_CSS (5704 : SR 210 Lane Addition - Co-op Amendment, PS&E Cert & IFB Request) Project Manager (Print Name) Task Manager (Print Name) Additional Notes: This Caltrans Co-op agreement is for State Furnished Materials of $171,000. Local funds is a combination of Measure I and DIF. For DIF contribution, refer to funding agreement C13027 with City of Highland. Admin receivable contract for STIP/RIP and SHOPP will follow after CTC allocation in May 2019.
Form 200 05/2018 Packet Pg.1/1 43 8.b 08-SBD-210-R25.0/33.2PM EA 0C70U & 1J060 Project No. 0815000189 & 0817000196 Agreement 08-1646 A-1 SBCTA 17-1001722
AMENDMENT NO. 1 TO AGREEMENT 08-1646 (DRAFT)
This Amendment No. 1 to Agreement 08-1646 (AMENDMENT), effective on ______, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and the San Bernardino County Transportation Authority, a public entity, referred to hereinafter as SBCTA.
RECITALS
1. CALTRANS and SBCTA, collectively referred to as PARTIES, entered into Agreement No. 1646 on February 13, 2018 (AGREEMENT), defining the terms and conditions for adding one mixed flow lane in each direction in median, widening inside and outside shoulder, adding auxiliary lanes and acceleration/deceleration lanes at select locations and improving the Base Line Interchange at SR 210 from Sterling Avenue to Lugonia Avenue in the cities of San Bernardino, Highland and Redlands (referred to as PROJECT).
2. The AGREEMENT established that the SBCTA Local funds to be used were $15,330,000 for Construction Support and $99,400,000 for Construction Capital.
3. The Agreement does not provide which party has the responsibility of landscape maintenance.
4. PARTIES now seek to increase the SBCTA Local funds to $17,617,788 for Construction Support and $113,128,000 for Construction Capital, and to add a new Article 54-A under Construction addressing roles and responsibilities for landscape maintenance.
IT IS THEREFORE MUTUALLY AGREED:
5. Article 54-A is added under Construction in the AGREEMENT to read as follows:
“Upon completion of the construction contract and one (1) year plant establishment period under this Agreement, SBCTA shall assume maintenance and the expense thereof for PROJECT, at its own expense, for a four (4) year landscape maintenance period to establish existing planting (EEP), after which, CALTRANS assumes full responsibility
for maintenance. SBCTA’s maintenance responsibilities include, but are not limited to, Attachment: Caltrans Agreement 08-1646 A-1 (5704 : SR 210 Lane Addition - Co-op Amendment, PS&E Cert & IFB Request) inspection, providing emergency repair, weed abatement, litter removal, replacement and
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Packet Pg. 44 8.b 08-SBD-210-R25.0/33.2PM EA 0C70U & 1J060 Project No. 0815000189 & 0817000196 Agreement 08-1646 A-1 SBCTA 17-1001722
maintenance of landscaping within PROJECT limits. As part of SBCTA’s maintenance responsibilities, during construction of PROJECT and for the one (1) year plant establishment period and for the first two (2) years of the plant maintenance period following construction, SBCTA shall make all necessary arrangements with the local utility company for payment and billing of water supplied for PROJECT, after which time CALTRANS will make arrangements with the utility company to transfer billing and be responsible for payment of water supplied for PROJECT.”
6. A revised FUNDING SUMMARY A/1 is attached and made part of the AGREEMENT. Any reference to the FUNDING SUMMARY in the AGREEMENT is deemed to refer to the revised FUNDING SUMMARY A/1 attached herein.
7. All other terms and conditions of the AGREEMENT shall remain in full force and effect.
8. This AMENDMENT is deemed to be included and made a part of the AGREEMENT.
------SIGNATURES ON FOLLOWING PAGE------Attachment: Caltrans Agreement 08-1646 A-1 (5704 : SR 210 Lane Addition - Co-op Amendment, PS&E Cert & IFB Request)
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Packet Pg. 45 8.b 08-SBD-210-R25.0/33.2PM EA 0C70U & 1J060 Project No. 0815000189 & 0817000196 Agreement 08-1646 A-1 SBCTA 17-1001722
SIGNATURES
PARTIES declare that: 1. Each PARTY is an authorized legal entity under California state law. 2. Each PARTY has the authority to enter into this AMENDMENT. 3. The people signing this AMENDMENT have the authority to do so on behalf of their public agencies.
STATE OF CALIFORNIA SAN BERNARDINO COUNTY DEPARTMENT OF TRANSPORTATION TRANSPORTATION AUTHORITY
NOT FOR SIGNATURE AT THIS TIME By: ______Michael Beauchamp By: ______District Director Darcy McNaboe Board President
APPROVED AS TO FORM AND PROCEDURE: CONCURRED:
By: ______Attorney By: ______Department of Transportation Jeffrey Hill Procurement Manager
VERIFICATION OF FUNDS & AUTHORITY: APPROVED AS TO FORM:
By: ______Mary Risaliti By: ______District Budget Manager Julianna Tillquist SBCTA Acting General Counsel
CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: Attachment: Caltrans Agreement 08-1646 A-1 (5704 : SR 210 Lane Addition - Co-op Amendment, PS&E Cert & IFB Request) By: ______
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Packet Pg. 46 8.b 08-SBD-210-R25.0/33.2PM EA 0C70U & 1J060 Project No. 0815000189 & 0817000196 Agreement 08-1646 A-1 SBCTA 17-1001722
FUNDING SUMMARY NO. A/1
FUNDING TABLE ($) v. 2 IMPLEMENTING AGENCY SBCTA CONST. CONST. Source Party Fund Type SUPPORT CAPITAL Totals STATE CALTRANS *SHOPP 5,050,000 33,696,000 38,746,000 STATE SBCTA STIP/RIP 0 25,000,000 25,000,000 LOCAL SBCTA Local 17,617,788 113,128,000 130,745,788 Totals ($) 22,667,788 171,824,000 194,491,788
*The CALTRANS funds will be paid as a BETTERMENT and SBCTA will invoice CALTRANS in accordance with the above funding table.
v 22 SPENDING SUMMARY ($)
CONST. SUPPORT CONST. CAPITAL DFM Fund Type CALTRANS SBCTA SBCTA CALTRANS Totals SHOPP 0 5,050,000 33,696,000 0 38,746,000 STIP/RIP 0 0 25,000,000 0 25,000,000 Local 0 17,617,788 112,957,000 171,000 130,745,788 Totals 0 22,667,788 171,653,000 171,000 194,491,788 Attachment: Caltrans Agreement 08-1646 A-1 (5704 : SR 210 Lane Addition - Co-op Amendment, PS&E Cert & IFB Request)
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Packet Pg. 47 9
Minute Action
AGENDA ITEM: 9 Date: May 1, 2019 Subject: Update on Conversion of Diesel Multiple Unit to Zero or Low Emission Multiple Unit Recommendation: Receive and file an update on the effort to convert a diesel multiple unit to a zero or low emission multiple unit. Background: The San Bernardino County Transportation Authority (SBCTA) is expanding the public transit network in the San Bernardino Valley with implementation of the Redlands Passenger Rail Project, which facilitates the introduction of the Arrow service using diesel multiple unit (DMU) rail vehicles. In conjunction with public transit expansion and providing options for our traveling public, SBCTA seeks to reduce greenhouse gas emissions and improve air quality. The DMUs purchased for the Arrow service are powered via a diesel engine “generator” providing power to electric motors at the wheels. SBCTA recognized an opportunity to convert the power generator to an alternative propulsion technology in an effort to produce a zero or low emission vehicle that could run on existing heavy rail infrastructure thus reducing air quality impacts while maximizing the use of our existing rail infrastructure.
As part of this effort SBCTA was successful in securing a $30 million Transit and Intercity Rail Capital Program (TIRCP) grant to conduct the research and development efforts necessary to convert the DMU to a zero or low emission vehicle, purchase a converted vehicle, construct the necessary infrastructure to support the alternative propulsion technology and test the converted vehicle on the Arrow service corridor. In addition, the State wants one of the first three DMUs converted in the future, with the ultimate goal being to operate the entire Arrow corridor as a zero or low emission revenue operation.
Staff provided an update to the Transit Committee on the first phase of the project which includes the research and development efforts, as well as go over the guiding principles and next steps in the process. Financial Impact: This item is consistent with the Fiscal Year 2018/2019 adopted budget. Reviewed By: This item was received by the Transit Committee on April 11, 2019. Responsible Staff: Carrie Schindler, Director of Transit and Rail Programs
Approved Board of Directors Date: May 1, 2019 Witnessed By:
Entity: San Bernardino County Transportation Authority Packet Pg. 48 9.a
Carrie Schindler, PE Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU Director of Transit & Rail
Packet Pg. 49 9.a Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Potential ExpansionPacket Pg. 50 9.a Diesel Multiple Unit Conversion
Alternative Power Pack Propulsion Module Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
3 Power Pack Packet Pg. 51 9.a Diesel Multiple Unit Conversion
TIRCP Grant Award $30M Funding for: SBCTA ZEMU Program Approach • SBCTA received funding from • Research on the conversion of Transit and Intercity Rail Diesel Multiple Unit to Phase 1 – Capital Program (TIRCP) to Zero Emission Multiple Unit Planning complete research and • Development of suitable development on zero or low Phase 2 – technology and procurement emissions rail vehicles Design & Engineering of the zero emission unit and (ZEMU) testing on the Arrow corridor Phase 3 – Project Implementation and Construction Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Packet Pg. 52 4 ZEMU Overview 9.a
Development Partner U.S. Department of Energy Regulatory Agency Federal Railroad Administration
Funding Agency California State Transportation Agency
Railroad of Record Arrow Service Operator Southern California Regional Omnitrans Rail Authority Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Key Project StakeholdersPacket Pg. 53 Selection of Preferred Technology 9.a
Cost Capital, Operations & Maintenance
Infrastructure Right-of-Way, Charging & Fueling, Utilities
Environmental Considerations Land use, GHGs, Aesthetics, Noise, Socio-Economic
Operations Range, Scalability, Reliability, Operations, Life Span
Regulatory Compliance FRA , NFPA, CPUC
Implementation Schedule Timeline for Planning, Design, Construction phases
Risk Analysis Identify and document risks for further analysis Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU 6
Evaluation CriteriaPacket Pg. 54 9.a Key Tasks Underway
• Task 3 - ZEMU Project Definition and Constraints Key Dates • April 2018 – Grant Award
• Task 4 - Assessment of OESS Rail Vehicle and • October 2018 - Grant Charging System Alternatives Allocation • March 2019 – Complete • Task 5 - OESS and Charging Systems Feasibility Task 3 & 4 Studies • April/May 2019 – Update to Transit Committee/Board & • Task 6 - Options Evaluation and Report Complete Task 5 • June/July 2019 – Board • Task 7 – Contract Development for Supplier direction on technology to carry forward (Task 6)
• July 2019 Vehicle RFP Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
ZEMU Phase 1 Packet Pg. 55 9.a Attendance at workshops, seminars, facility tours including: • Lessons learned from Midlands Metro Rail (Birmingham, England) • SunLine Transit hydrogen facility tour • Railway Motive Power and Alternative Propulsion Seminar • Department of Energy H2@Rail Workshop Supplier engagement • Interviewed suppliers of battery, hydrogen fuel cell technologies and also rolling stock providers Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Task 3 – Research TechnologiesPacket Pg. 56 9.a Midland Metro Rail Lessons Learned Workshop Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
https://www.birminghammail.co.uk/ http://metroalliance.co.uk/ Task 3 – Research TechnologiesPacket Pg. 57 9.a SunLine Transit Hydrogen Facility Tour Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Task 3 – Research TechnologiesPacket Pg. 58 9.a Railway Motive Power and Alternative Propulsion Seminar – Port Tour Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Task 3 – Research TechnologiesPacket Pg. 59 9.a Railway Motive Power and Alternative Propulsion Seminar – Port Tour Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Task 3 – Research TechnologiesPacket Pg. 60 9.a Engagement with Suppliers Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Task 3 – Research TechnologiesPacket Pg. 61 9.a High Level Pre-Screening Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Task 3 – Research TechnologiesPacket Pg. 62 9.a Energy Usage & Modeling Scenarios Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Task 4 – ModelingPacket Pg. 63 9.a Performance and Energy Usage Modeling
Primary inputs • Vehicle characteristics (mass, loading condition, tractive & braking curves, rotating inertia, electrical efficiencies and auxiliary loads) • Track characteristics (distances, grades, curves, speed limits and restrictions)
Applications • Quantify key requirements – power charge/discharge rates and energy storage capacity • Support assessment of technology feasibility Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Task 4 – ModelingPacket Pg. 64 9.a Scenario 1 – 2 car consist Assumptions • Zero regenerative braking energy is stored • Contingency (reserve energy storage) requirements not yet considered Station - Station Distance Traveled (Miles) Tractive Energy (kWh) Auxiliary Energy (kWh) Total Energy (kWh)
SBTC -Redlands 8.9 118 39 158
Redlands-SBTC 8.9 41 38 78
Total 17.8 159 77 236
Station - Station Distance Traveled (Miles) Tractive Energy (kWh) Auxiliary Energy (kWh) Total Energy (kWh)
SBTC-LA 57.6 511 169 681 LA-SBTC 57.6 637 175 812 Total 115.3 1148 344 1492
Distance Traveled Tractive Energy Auxiliary Energy Station - Station Total Energy (kWh) (Miles) (kWh) (kWh) Redlands-LA 66.5 552 207 759 LA-Redlands 66.5 755 214 969 Total 133 1307 421 1728 Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Packet Pg. 65 Mott MacDonald | DMU to ZEMU project - CalSTA / Caltrans update 17 Task 4 – Modeling 04/08/2019 9.a RPRP Corridor Round Trip Results Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Task 4 – ModelingPacket Pg. 66 9.a RPRP Corridor Round Trip Results Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Task 4 – ModelingPacket Pg. 67 9.a SBTC – Los Angeles Potential Route Extension Results Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Task 4 – ModelingPacket Pg. 68 9.a SBTC – Los Angeles Potential Route Extension Results Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Task 4 – ModelingPacket Pg. 69 9.a Effect of regenerative braking
Station - Station Distance Traveled Total Energy (kWh) Total Energy Required Net Decrease in Energy • As there is a (miles) with Regenerative Required (%) pronounced gradient Braking (kWh) on the RPRP SBTC - Redlands 8.94 158 141 11% corridor, the impact Redlands-SBTC 8.94 78 32 59% of regenerative braking is greater on Total 17.8 236 173 26% the Redlands to SBTC direction Station - Station Distance Traveled Total Energy (kWh) Total Energy Required Net Decrease in Energy (miles) with Regenerative Required (%) Braking (kWh)
SBTC-LA 57.6 681 497 27% LA-SBTC 57.6 812 672 17%
Total 115.3 1492 1169 22%
Station - Station Distance Traveled Total Energy (kWh) Total Energy Required Net Decrease in Energy (miles) with Regenerative Required (%) Braking (kWh)
Redlands-LA 66.5 759 529 30% LA-Redlands 66.5 969 813 16% Total 133.0 1728 1342 22% Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Packet Pg. 70 Mott MacDonald | DMU to ZEMU project - CalSTA / Caltrans update 22 Task 4 – Modeling 04/08/2019 9.a Scenario 2 – 4 car consist
Total Energy without Regen Regenerative Capability Station - Station Distance Traveled (Miles) Tractive Energy (kWh) Auxiliary Energy (kWh) (kWh) (kWh)
SBTC - Redlands 8.9 158 67 225 -19 Redlands-SBTC 8.9 51 62 113 -65 Total 17.8 209 129 338 -84
Total Energy without Regen Regenerative Capability Station - Station Distance Traveled (Miles) Tractive Energy (kWh) Auxiliary Energy (kWh) (kWh) (kWh)
SBTC-LA 57.6 579 279 858 -244
LA-SBTC 57.6 760 299 1058 -176
Total 115.2 1338 578 1916 -419
Total Energy without Regenerative Capability Station - Station Distance Traveled (Miles) Tractive Energy (kWh) Auxiliary Energy (kWh) Regen (kWh) (kWh)
Redlands-LA 66.5 630 341 970 -308
LA-Redlands 66.5 917 366 1283 -195
Total
133.0 1547 707 2254 -504 Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Packet Pg. 71 Mott MacDonald | DMU to ZEMU project - CalSTA / Caltrans update 23 Task 4 – Modeling 04/08/2019 9.a Scenario 3 – 2 car ZEMU + 2 car DMU
Total Energy without Regen Regenerative Capability Station - Station Distance Traveled (Miles) Tractive Energy (kWh) Auxiliary Energy (kWh) (kWh) (kWh)
SBTC - Redlands 8.9 193 47 240 -19 Redlands-SBTC 8.9 59 40 100 -104
Total 17.8 252 87 339 -124
Total Energy without Regen Regenerative Capability Station - Station Distance Traveled (Miles) Tractive Energy (kWh) Auxiliary Energy (kWh) (kWh) (kWh)
SBTC-LA 57.6 724 196 919 -300
LA-SBTC 57.6 947 217 1164 -205
Total 115.2 1671 412 2083 -505
Total Energy without Regenerative Capability Station - Station Distance Traveled (Miles) Tractive Energy (kWh) Auxiliary Energy (kWh) Regen (kWh) (kWh)
Redlands-LA 66.5 783 236 1019 -404
LA-Redlands 66.5 1140 263 1403 -224
Total 133.0 1923 499 2422 -628 Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Packet Pg. 72 Mott MacDonald | DMU to ZEMU project - CalSTA / Caltrans update 26 Task 4 – Modeling 04/08/2019 9.a
Energy Between Terminals
Scenario 1 Scenario 2 Scenario 3 Section 2-Car ZEMU 4-Car ZEMU 2-Car + 2-Car Journey (Round Trip) Length (Miles) No Regen. With Regen. No Regen. With Regen. No Regen. With Regen. Braking Braking Braking Braking Braking Braking (kWh) (kWh) (kWh) (kWh) (kWh) (kWh)
Redlands - SBTC 17.8 236 173 338 254 339 216
SBTC - LA 115.2 1492 1169 1916 1497 2083 1579
Redlands – LA 133.0 1728 1342 2254 1750 2422 1794 Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Power Demand ModelingPacket Pg. 73 9.a
Supplier Qualification/ Research & Conceptual Acceptance of Pilot Project Contract Kick-off Final Design Acceptance Development Design Vehicle Operational Negotiation Testing
Key FRA elements
Initiate a regular Technical • Crashworthiness communication discussions with • Fire safety plan with FRA FRA • Inspection • Vehicle Maintenance • Record keeping Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
FRA Engagement ProcessPacket Pg. 74 9.a
• Complete Feasibility Studies and Evaluation of OESS and Hydrogen Technologies • Engagement with FRA – Develop plan for ongoing engagement • SBCTA evaluation and selection of preferred technology alternative by SBCTA Board • Engineering of ZEMU vehicle • Determination of infrastructure needs and engineering design • Project procurement and implementation • FRA concurrence • Operational testing • Revenue service • Statewide analysis for ZEMU service in California Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Next Steps Packet Pg. 75 9.a Plan. Build. Move.
www.goSBCTA.com 909.884.8276
@goSBCTA Attachment: 20190408ZEMUBoardUpdatePDF (5708 : DMU
Packet Pg. 76 10
Minute Action
AGENDA ITEM: 10 Date: May 1, 2019 Subject: Award for On-Call Right-of-Way Services Recommendation: That the Board, acting as the San Bernardino County Transportation Authority:
A. Approve Contract No. 18-1001924 with Epic Land Solutions, Inc. for On-Call Right-of-Way Services, to support current and future Transit and Rail projects and programs, for an amount described in Recommendation E, for a three-year term with two one-year options to extend.
B. Approve Contract No. 19-1002007 with Bender Rosenthal, Inc. for On-Call Right-of-Way Services, to support current and future Transit and Rail projects and programs, for an amount described in Recommendation E, for a three-year term with two one-year options to extend.
C. Approve Contract No. 19-1002008 with Overland, Pacific & Cutler, LLC for On-Call Right- of-Way Services, to support current and future Transit and Rail projects and programs, for an amount described in Recommendation E, for a three-year term with two one-year options to extend.
D. Approve Contract No. 19-1002009 with Paragon Partners, Ltd. for On-Call Right-of-Way Services, to support current and future Transit and Rail projects and programs, for an amount described in Recommendation E, for a three-year term with two one-year options to extend.
E. Approve a total not-to-exceed amount of $5,500,000 for Epic Land Solutions, Inc. (No. 18- 1001924), Bender Rosenthal, Inc. (No. 19-1002007), Overland, Pacific & Cutler, LLC (No. 19- 1002008), and Paragon Partners, Ltd (No. 19-1002009). Background: In May 2018, the San Bernardino County Transportation Authority (SBCTA) Board approved the release of an On-Call Right-of-Way (ROW) Request for Proposals (RFP) No. 18-1001924 to provide on-call right-of-way services to support current and future Transit and Rail projects and programs. The RFP was released on March 4, 2018, and was sent electronically to approximately three hundred and four (304) consultants registered on PlanetBids and was downloaded by forty-one (41) firms. The solicitation was issued in accordance with current SBCTA policies and procedures for consultant services.
A Pre-proposal meeting was held on May 17, 2018, and was attended by eight (8) firms. Addendum No. 1 was issued on May 17, 2018, to include the Pre-proposal Conference sign-in sheet and Pre-proposal agenda. Addendum No. 2 was issued on June 19, 2018, responding to questions received prior to the submittal deadline. Nine (9) proposals were received by the date and time specified in the RFP. A responsiveness review was conducted by the Procurement Analyst and found all nine (9) proposals to be responsive.
Entity: San Bernardino County Transportation Authority Packet Pg. 77 10 Board of Directors Agenda Item May 1, 2019 Page 2
The proposals were disseminated to all Evaluation Committee members on June 21, 2018, along with the Evaluation Committee Information and Instructions, a copy of the Score Sheets and the Declaration of Impartiality and Confidentiality form. The Evaluation Committee consisted of two (2) SBCTA staff, one (1) staff member from the City of Ontario and one (1) staff member from Omnitrans.
Evaluators concluded their review of the proposals and convened to review, discuss and score the proposals. The Evaluation Committee members met on May 17, 2018, and discussed each proposal according to the evaluation criteria, including the strengths and weaknesses of the proposal. The Procurement Analyst also provided information regarding the reference checks of the firms. At the completion of discussions, the committee members individually scored the proposals based on the following evaluation criteria: Qualifications of the Firm - 40%; Proposed Staffing and Project Organization - 40%; and Technical Approach/Work Plan – 20%. Price proposals are not required for the selection process. Based upon scoring, the firms were ranked in order of technical merit and a short-list was developed. The Evaluation Committee agreed to interview the following five (5) firms: Bender Rosenthal, Inc., Epic Land Solutions, Inc., Overland Pacific & Cutler, LLC, Paragon Partners, Ltd. and Property Specialists, Inc.
Interviews were conducted on July 19, 2018, and at the completion of the interviews, the Evaluation Committee separately scored the interviews. The assigned weight for the procurement was 40% for technical evaluation and 60% for the interview evaluations.
Based on the qualifications of each of the firms interviewed, the Evaluation Committee recommends that Contract Numbers 18-1001924, 19-1002007, 19-1002008 and 19-1002009 be awarded to Epic Land Solutions, Inc., Bender Rosenthal, Inc., Overland Pacific & Cutler, LLC and Paragon Partners, Ltd., respectively, to perform On-Call Right-Of-Way Services. The firms clearly demonstrated a thorough understanding of SBCTA right-of-way needs and proposed strong teams that can effectively perform a wide variety of potential right-of-way tasks. Evaluation forms and reference checks are located in the Contract Audit File.
Work under the various on-call contracts will be issued on a Contract Task Order (CTO) basis and in accordance with SBCTA’s On-Call CTO policies and procedures. Per SBCTA’s procedures, once the scope of work for a CTO is defined, it is released to the prequalified firms requesting a proposal. SBCTA staff evaluates the proposals and assigns the CTO to the firm that best meets the project requirements based on criteria that includes, but is not limited to, schedule, cost, proposed staff experience, expertise, availability and proven success. Requesting proposals from each prequalified firm maintains the integrity of a competitive process, ensuring the best overall value to SBCTA for each CTO.
It was originally anticipated that the majority of work under the CTO-based contracts would be to support the West Valley Connector (WVC) Project. The WVC project is currently in the environmental clearance phase and the environmental clearance is tentatively scheduled to be completed in December 2019. As a result of funding constraints, moving the project beyond the environmental clearance phase is contingent on securing grant funding. Staff anticipates using the on-call contracts to complete the right-of-way acquisitions should sufficient grant funding be secured to deliver the WVC project. Financial Impact: This item is consistent with SBCTA Fiscal Year 2018/2019 budget. San Bernardino County Transportation Authority Packet Pg. 78 10 Board of Directors Agenda Item May 1, 2019 Page 3
Reviewed By: This item was reviewed and unanimously recommended for approval by the Transit Committee on April 11, 2019. SBCTA’s General Counsel, Procurement Manager and Risk Manager have reviewed this item and the draft contracts. Responsible Staff: Victor Lopez, Program Manager
Approved Board of Directors Date: May 1, 2019 Witnessed By:
San Bernardino County Transportation Authority Packet Pg. 79 Contract Summary Sheet 10.a General Contract Information
Contract No: 18-1001924 Amendment No.: Sole Source? No
Vendor No.: 02727 Vendor/Customer Name: Epic Land Solutions, Inc.
Description: On-Call Right-of-Way Services
Estimated Start Date: 05/01/2019 Expiration Date: 05/01/2022 Revised Expiration Date: 19-1002007 (Bender Rosenthal), 19-1002008 (Overland Pacific & Cutler), 19- List Any SBCTA Related Contracts Nos.: 1002009 (Paragon Partners). Dollar Amount Original Contract $ 1,375,000.00 Original Contingency $ - Prior Amendments $ - Prior Amendments $ - Current Amendment $ - Current Amendment $ - Total/Revised Contract Value $ 1,375,000.00 Total Contingency Value $ - Total Dollar Authority (Contract Value and Contingency) $ 1,375,000.00 Contract Authorization Board of Directors Date: 05/01/2019 Board Item # 5709
Contract Management (Internal Purposes Only)
Payable Other Contracts No Budget Adjustment Accounts Payable Total Contract Funding: $ 1,375,000.00 Total Contingency: $ -
GL: 4160 30 0315 0334 52001 41100000 - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: -
Accounts Receivable Total Contract Funding: $ -
Funding Agreement No: Reversion Date:
GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: -
Victor Lopez Carrie Schindler Attachment: On_Call ROW_18-1001924 - Epic Land Contract_CSS (5709 : Award for On-Call Right-of-Way Services) Project Manager (Print Name) Task Manager (Print Name) Additional Notes: Total contract authority for On-Call Right-of-Way Services Contracts is $5.5 million and is shared between Contract 18- 1001924 (Epic Land Solutions, 19-1002007 (Bender Rosenthal), 19-1002008 (Overland Pacific & Cutler) and 19-1002009 (Paragon Partners). Current WVC funding is 4160 MSI Bus until further funding is allocated/verified and is subject to chagne due to current availability.
Form 200 05/2018 Packet Pg.1/1 80 Contract Summary Sheet 10.b General Contract Information
Contract No: 19-1002007 Amendment No.: Sole Source? No
Vendor No.: 03228 Vendor/Customer Name: Bender Rosenthal, Inc.
Description: On-Call Right-of-Way Services
Estimated Start Date: 05/01/2019 Expiration Date: 05/01/2022 Revised Expiration Date: 18-1001924 (Epic Land Solutions, 19-1002008 (Overland Pacific & Cutler), 19- List Any SBCTA Related Contracts Nos.: 1002009 (Paragon Partners). Dollar Amount Original Contract $ 1,375,000.00 Original Contingency $ - Prior Amendments $ - Prior Amendments $ - Current Amendment $ - Current Amendment $ - Total/Revised Contract Value $ 1,375,000.00 Total Contingency Value $ - Total Dollar Authority (Contract Value and Contingency) $ 1,375,000.00 Contract Authorization Board of Directors Date: 05/01/2019 Board Item # 5709
Contract Management (Internal Purposes Only)
Payable Other Contracts No Budget Adjustment Accounts Payable Total Contract Funding: $ 1,375,000.00 Total Contingency: $ -
GL: 4160 30 0315 0334 52001 41100000 - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: -
Accounts Receivable Total Contract Funding: $ -
Funding Agreement No: Reversion Date:
GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: -
Victor Lopez Carrie Schindler Project Manager (Print Name) Task Manager (Print Name) Additional Notes: Total contract authority for On-Call Right-of-Way Services Contracts is $5.5 million and is shared between Contract 18- Attachment: On_Call ROW_19-1002007 - Bender Rosenthal Contract_CSS (5709 : Award for On-Call Right-of-Way Services) 1001924 (Epic Land Solutions, 19-1002007 (Bender Rosenthal), 19-1002008 (Overland Pacific & Cutler) and 19-1002009 (Paragon Partners). Current WVC funding is 4160 MSI Bus until further funding is allocated/verified and is subject to chagne due to current availability.
Form 200 05/2018 Packet Pg.1/1 81 Contract Summary Sheet 10.c General Contract Information
Contract No: 19-1002008 Amendment No.: Sole Source? No
Vendor No.: 02556 Vendor/Customer Name: Overland, Pacific & Cutler, LLC
Description: On-Call Right-of-Way Services
Estimated Start Date: 05/01/2019 Expiration Date: 05/01/2022 Revised Expiration Date: 18-1001924 (Epic Land Solutions, 19-1002007 (Bender Rosenthal), 19-1002009 List Any SBCTA Related Contracts Nos.: (Paragon Partners). Dollar Amount Original Contract $ 1,375,000.00 Original Contingency $ - Prior Amendments $ - Prior Amendments $ - Current Amendment $ - Current Amendment $ - Total/Revised Contract Value $ 1,375,000.00 Total Contingency Value $ - Total Dollar Authority (Contract Value and Contingency) $ 1,375,000.00 Contract Authorization Board of Directors Date: 05/01/2019 Board Item # 5709
Contract Management (Internal Purposes Only)
Payable Other Contracts No Budget Adjustment Accounts Payable Total Contract Funding: $ 1,375,000.00 Total Contingency: $ -
GL: 4160 30 0315 0334 52001 41100000 - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: -
Accounts Receivable Total Contract Funding: $ -
Funding Agreement No: Reversion Date:
GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: -
Victor Lopez Carrie Schindler Attachment: On_Call ROW_19-1002008 - OPC_CSS (5709 : Award for On-Call Right-of-Way Services) Project Manager (Print Name) Task Manager (Print Name) Additional Notes: Total contract authority for On-Call Right-of-Way Services Contracts is $5.5 million and is shared between Contract 18- 1001924 (Epic Land Solutions, 19-1002007 (Bender Rosenthal), 19-1002008 (Overland Pacific & Cutler) and 19-1002009 (Paragon Partners). Current WVC funding is 4160 MSI Bus until further funding is allocated/verified and is subject to chagne due to current availability.
Form 200 05/2018 Packet Pg.1/1 82 Contract Summary Sheet 10.d General Contract Information
Contract No: 19-1002009 Amendment No.: Sole Source? No
Vendor No.: 02624 Vendor/Customer Name: Paragon Partners, Ltd.
Description: On-Call Right-of-Way Services
Estimated Start Date: 05/01/2019 Expiration Date: 05/01/2022 Revised Expiration Date: 18-1001924 (Epic Land Solutions, 19-1002007 (Bender Rosenthal), 19-1002008 List Any SBCTA Related Contracts Nos.: (Overland Pacific & Cutler) Dollar Amount Original Contract $ 1,375,000.00 Original Contingency $ - Prior Amendments $ - Prior Amendments $ - Current Amendment $ - Current Amendment $ - Total/Revised Contract Value $ 1,375,000.00 Total Contingency Value $ - Total Dollar Authority (Contract Value and Contingency) $ 1,375,000.00 Contract Authorization Board of Directors Date: 05/01/2019 Board Item # 5709
Contract Management (Internal Purposes Only)
Payable Other Contracts No Budget Adjustment Accounts Payable Total Contract Funding: $ 1,375,000.00 Total Contingency: $ -
GL: 4160 30 0315 0334 52001 41100000 - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: -
Accounts Receivable Total Contract Funding: $ -
Funding Agreement No: Reversion Date:
GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: -
Victor Lopez Carrie Schindler Project Manager (Print Name) Task Manager (Print Name) Attachment: On_Call ROW_19-1002009 - Paragon Partners Contract_CSS (5709 : Award for On-Call Right-of-Way Services) Additional Notes: Total contract authority for On-Call Right-of-Way Services Contracts is $5.5 million and is shared between Contract 18- 1001924 (Epic Land Solutions, 19-1002007 (Bender Rosenthal), 19-1002008 (Overland Pacific & Cutler) and 19-1002009 (Paragon Partners). Current WVC funding is 4160 MSI Bus until further funding is allocated/verified and is subject to chagne due to current availability.
Form 200 05/2018 Packet Pg.1/1 83 10.e
Exhibit A – “SCOPE OF WORK”
ON-CALL RIGHT-OF-WAY SERVICES Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services)
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SCOPE OF WORK
San Bernardino County Transportation Authority (“SBCTA”) is issuing this Request for Proposal for a CONSULTANT to provide ON-CALL RIGHT OF WAY SERVICES for a period of three (3) years with two (2) one-year options for extension, to be exercised at the sole discretion of SBCTA, on an On-Call basis in support of current and future SBCTA projects.
Such services may include, but are not limited to, the following work program:
A. PROJECT MANAGEMENT
This task covers typical project management services, including the requirements for meetings, schedules, progress reports, and administration of the CONSULTANT’s work. Depending on the specific project assignment, SBCTA may require additional Project Management services to be performed by CONSULTANT, but typical services anticipated at this time include, but are not limited to, the following:
1. Coordination and Meetings
CONSULTANT shall meet with the relevant parties to discuss issues pertinent to the project assignments. CONSULTANT shall participate in project meetings (i.e., Project Development Team (PDT) meetings, Agency coordination meetings, project status meetings, workshops) and be prepared to discuss project status, issues, policy, or procedural issues. CONSULTANT shall bring progress plans as appropriate and assist in developing meeting notices, agenda, minutes, and/or handouts as needed.
2. Administration
Administration shall include the following elements:
Supervise, coordinate, and monitor work for conformance with the appropriate standards and policies; Apply for and/or assist to obtain City, County, State and federal approvals and permits as required; Prepare, circulate, and file correspondence and memoranda as appropriate; Maintain project files using the Federal Transit Administration (FTA) filing guidelines for projects including, or potentially including, federal funds, unless otherwise directed by SBCTA.
3. Schedule and Progress Reports
Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services) CONSULTANT shall submit an initial Project Schedule for each Contract Task Order (CTO) assignment. As directed by SBCTA, the schedule shall be tailored for project-specific activities as appropriate to track the task assigned in the CTO. In the case of right of way 2
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acquisition, it shall include project clearance activities from the initial appraisal phase through property demolition. Following approval by SBCTA, this schedule will become the Baseline Project Schedule and will be tracked throughout the duration of the project.
As directed by SBCTA, schedule updates will be part of a monthly Progress Report prepared by CONSULTANT that describes the project status, outstanding action items, and/or issues for AUTHORITY approval. If appropriate and requested by SBCTA, the schedule and/or Progress Report may require updating more frequently.
On FTA oversight projects, CONSULTANT shall assist SBCTA in the preparation, tracking and monitoring of all Quarterly Reporting Requirements as described in FTA Circular 5010.1D. For all major projects as part of the Project Management Plan (PMP), CONSULTANT shall prepare and update as needed a Real Estate Acquisition Management Plan (RAMP) for approval by SBCTA and FTA.
4. Quality Assurance/Quality Control (QA/QC) Plan
CONSULTANT shall maintain a Quality Assurance/Quality Control Plan throughout term of this Contract. The QA/QC Plan is intended to ensure that the work product, including, but not limited to, appraisals, maps, reports, plans, studies, estimates, agreements, deeds, agenda reports, exhibits, correspondence, and other documents submitted under this Scope of Services are complete, accurate, checked, and proofread to meet professional standard practices in effect at the time of execution of the Contract.
Upon receipt of the Notice to Proceed (NTP), CONSULTANT shall discuss and explain their plan to provide a reasonable quality control check system and quality assurance program for the contract services described herein and shall follow the applicable standard practices in effect at the time of execution of the Contract. Within twenty (20) working days of receiving the NTP, CONSULTANT shall submit a draft copy of the QA/QC Plan for review and approval by SBCTA. If requested by SBCTA, CONSULTANT shall modify and/or revise the QA/QC Plan as needed to appropriately control the project quality program for the contract.
5. Budget Management
Consultant shall manage the budget throughout the term of the Contract Task Order (CTO). Consultant will provide SBCTA updates of the cost to date of the Contract Task Order and its budget for every invoice. An increase in cost or scope needs to be reported to SBCTA and authorized by SBCTA.
6. Right of Way Management Team Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services) On a project by project basis and as needed, CONSULTANT shall assign individuals to key positions such as a Project Manager, an Acquisition/Negotiation Manager, a Relocation Assistance Manager, and a Utilities Relocation Coordinator, who may not be replaced 3
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without the written consent of SBCTA.
B. RIGHT OF WAY ENGINEERING AND SURVEYING SERVICES
Right of Way Engineering and Surveying services may include, but are not limited to, the following:
1. CONSULTANT shall provide right of way engineering and field surveying services including, but not limited to: preparing Boundary Maps, Monumentation Maps, Survey Control Maps, Records Of Survey, Lot Line Adjustments, Subdivision Maps, Parcel Maps, Appraisal Maps, utility potholing information maps, project maps, Legal Descriptions & Plats for specific parcels, Certificates of Compliance as described in the California Government Code Section 66499.35, and other right of way engineering services as directed by SBCTA.
2. CONSULTANT shall prepare Boundary, Monumentation and Survey Control Maps showing all parcels and easement boundaries and their relationship to the land net monuments used to define them. In cases where SBCTA is working in conjunction with FTA or other federal agencies, these maps shall conform to federal guidelines and manuals. In cases where SBCTA is working in conjunction with Caltrans, these maps shall conform to the State’s manuals as follows: PLANS PREPARATION MANUAL, the RIGHT OF WAY MANUAL, SURVEYS MANUAL and the DRAFTING MANUAL in regard to content and appearance of said right of way engineering and field surveying products.
3. CONSULTANT shall utilize appropriate land surveying and land title practices to:
Establish all property and easement boundaries within and overlapping the project area; Perform site reconnaissance and monument recovery; Establish or reestablish all monumentation required by Federal, State law and local regulations; File a Record of Survey, or Corner Recorder as necessary, to comply with the Land Surveyors Act; The preparation, filing and associated fees will be the responsibility of CONSULTANT.
All data, maps and documents produced by CONSULTANT shall be subject to approval and acceptance by SBCTA’s Project Manager. In the event of non-acceptance due to errors or omissions, CONSULTANT shall have seven calendar days to make corrections and return maps and documents to SBCTA. Final acceptance will occur only after the work product has
been determined to conform to this document’s scope of work and requirements. Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services)
4. All surveying and mapping work affecting the federal or State of California Right of Way at any location, or along any route, shall be in accordance with the applicable federal and/or 4
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State law(s), local regulation, and the procedures and instructions contained in the federal manual, and if applicable, the Caltrans Right of Way Manual and the Caltrans Surveys Manual (Manual). Additionally, all work for State-funded projects shall be in accordance with Cal. Government Code 7260. All Right of Way acquisitions by SBCTA with the intent to ultimately convey such acquisitions to the City or other public entity are considered public entity right of way acquisitions.
5. CONSULTANT shall appoint a Survey Manager who is a Licensed Land Surveyor or Licensed Civil Engineer authorized to practice land surveying by the State of California. The Survey Manager will be responsible for all survey related work to be performed by CONSULTANT for SBCTA.
6. Deliverables shall generally consist of electronic files of pertinent reports and documents. Any required electronic mapping, Base Map (Hardcopy), Monumentation Map, Appraisal Maps, etc., shall be in a format consistent with Microstation File (.DGN). Electronic documents shall be in ASCII text, or Microsoft Word 2000 or 2003. Completed Record of Survey (filed with the County Recorder) shall be formatted at full size for Adobe Acrobat professional (.PDF). A Mylar copy shall also be provided. All survey field notes shall also be in an Adobe Acrobat professional format.
7. If any legal issues exist during the course of an assignment, CONSULTANT shall coordinate with SBCTA who will request a legal opinion. All legal opinions shall be rendered by SBCTA’s legal counsel.
8. As directed by SBCTA, CONSULTANT shall coordinate with other SBCTA staff and/or consultants for supplemental work required for the effective delivery of Measure I program, other local, State, FTA and other federally funded programs. Fees charged by SBCTA staff and/or consultants shall be paid directly by SBCTA.
C. RIGHT OF WAY APPRAISAL SERVICES FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND AGRICULTURAL PROPERTIES
CONSULTANT shall provide right of way appraisal services for developed or undeveloped residential, commercial, industrial, railroad, open space, public use, and agricultural properties. CONSULTANT may be required to produce appraisal reports for full or partial acquisitions, easements, temporary construction easements, leased or licensed properties, and sale or disposition of excess/surplus properties. Right of way appraisal services will comply with the appropriate laws as dictated by the related funding. Such appraisal services may include, but are not limited to, the following:
1. CONSULTANT shall prepare appraisals in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601 Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services) et seq.), and implemented by 49 CFR Part 24; Chapter 16, of Title 1, Division 7 of the California Government Code, the State of California Relocation Assistance and Real Property Acquisition Guidelines (Title 25 California Code of Regulations Division 1, 5
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Chapter 6, Art 1, Section 6000 et seq.); the California Eminent Domain Law, Code of Civil Procedure sections 1230.010 et seq.; the Uniform Standards of Professional Appraisal Practice (USPAP); and in some cases, the Uniform Appraisal Standards for Federal Land Acquisitions, where applicable. CONSULTANT must be licensed by the State of California Bureau of Real Estate Appraisers.
2. CONSULTANT must be qualified to provide expert witness testimony and defend the conclusions reached in the appraisal at any Administrative or Judicial proceeding.
3. All reports and deliverables shall generally be transmitted electronically to AUTHORITY.
4. CONSULTANT may be required to meet with and coordinate their efforts with SBCTA staff, SBCTA legal counsel, oversight agencies and other consultants, and participate in office or project site meetings.
5. Appraisal reports may be reviewed for acceptance and independent approval by the review appraisers. Revisions may be required by reason of this review process. Consultants may be requested to complete and deliver revised and/or updated appraisals. In the event of non- acceptance due to errors or omissions, CONSULTANT shall have fifteen (15) calendar days to make corrections and return the revised appraisals to the review appraiser.
6. For proposed acquisitions, the owner of the real property or a designated representative will be invited by CONSULTANT to accompany the CONSULTANT during the inspection of the property. This invitation must be in the form of a letter entitled “Notice to Appraise” written by the CONSULTANT to the owner. A copy of the invitation will be included in the appraisal report.
7. It is the CONSULTANT’s responsibility to contact SBCTA’s project engineers for discussion and/or clarification of any project design matters. This is critical in the appraisal of partial acquisitions and easements where the CONSULTANT may need cross sections or other project engineering data to complete the report.
8. The highest and best use for the property in the before condition must be determined and supported. If a partial acquisition is involved, the highest and best use of the property in the after condition must be determined and supported. If the existing use is not the premise on which the valuation is based, the appraisal will contain an explanation justifying the determination that the property is available and adaptable for a different highest and best use and there is demand for that use in the market.
9. Where the acquisition involves only a part (or portion) of the property, the CONSULTANT will conclude any severance damages and special benefits to the remainder, including Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services) reasoning and market data to support the conclusion. The CONSULTANT will indicate if the remainder constitutes an economic or uneconomic unit in the market and/or to the present owner.
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10. Appraisal for easement acquisitions will reflect the restrictive elements of the easement to be acquired and the potential effect of such elements on the utility of the property considering its highest and best use. Full details with respect to any interference with the highest and best use of the property affected must be explained and supported.
11. The CONSULTANT must estimate and support the economic rent, state the contract rent and the remaining term of the lease as of the date of value. Include lessor and lessee responsibilities for paying major expenses, e.g., taxes, insurance, and maintenance.
12. In cases where the Appraisal Assignment requires a Specialty Appraisal (Furniture, Fixtures, Machinery and Equipment) and/or Specialists Reports (title, survey, soils, and engineering), CONSULTANT may be required to coordinate with SBCTA staff and/or consultants for such services as directed by SBCTA. Fees charged by SBCTA staff and/or consultants for Specialty Appraisal and/or Specialists Reports shall be paid directly by SBCTA.
13. It is the CONSULTANT’s responsibility to thoroughly review the Specialty Appraisal for adoption (with adjustments or not, as appropriate) and inclusion in the overall appraisal. The estimated values that the specialty items actually contribute to the overall value of the real estate will be separately stated, but not included in the total value of the property.
14. CONSULTANT shall itemize in detail the “improvements pertaining to realty” in accordance with the applicable laws and regulations showing their replacement cost new, depreciated value in place, salvage value if any, and relocation estimate. To the extent possible, determine the ownership claims of the Improvements Pertaining to the Realty.
15. CONSULTANT will receive and analyze the completed appraisal reports and will reconcile the real estate and fixtures and equipment conclusions as necessary.
16. If any legal issues exist during the course of the appraisal assignment, CONSULTANT shall notify SBCTA, who will request legal opinion. All legal opinions shall be rendered by SBCTA’s legal counsel.
17. It is the CONSULTANT’s responsibility to contact SBCTA’s project manager to arrange for legal counsel discussions and/or clarifications in identifying personal or real property.
18. If hazardous waste is discovered on the property, CONSULTANT shall make the appropriate adjustment to the value conclusion in the appraisal report.
D. APPRAISAL REVIEW SERVICES
Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services) Appraisal review services may include, but are not limited to, the following:
1. When required by SBCTA, CONSULTANT shall examine appraisals prepared by the
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principal appraisers.
2. CONSULTANT shall provide Review Appraisal Services based on nationally recognized appraisal standards and techniques, including those established by the Uniform Standards of Professional Appraisal Practice (USPAP) and the Uniform Appraisal Standards for Federal Land Acquisition, and shall ensure compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implemented by 49 CFR Part 24, Chapter 16, of Title 1, Division 7 of the California Government Code, the State of California Relocation Assistance and Real Property Acquisition Guidelines (Title 25, California Code of Regulations Ch 6, Art 1, Section 6000 et seq.), and the California Eminent Domain Law, Code of Civil Procedure section 1230.010 et seq., when applicable. CONSULTANT’s Appraiser must be licensed by the State of California Bureau of Real Estate Appraisers.
3. CONSULTANT must be qualified to provide expert witness testimony and defend the conclusions at any Administrative or Judicial proceeding.
4. CONSULTANT may be required to meet with and coordinate their efforts with SBCTA staff, SBCTA legal counsel, oversight agencies and other consultants, and to participate in office or project site meetings.
5. It is the CONSULTANT’s responsibility to contact SBCTA’s project engineers for discussion and/or clarification of any project design matters. This is critical in reviewing appraisals of partial acquisitions and easements where engineering data have to be verified.
6. Review Appraiser shall examine appraisals to assure that they meet applicable appraisal requirements and shall, prior to acceptance, seek necessary corrections or revisions.
7. If the CONSULTANT is unable to recommend approval of an appraisal as an adequate basis for the establishment of the offer of just compensation, and it is determined that it is not practical to obtain additional appraisal, CONSULTANT may develop appraisal documentation to recommend value.
8. CONSULTANT’s Review Appraiser and the CONSULTANT’s Appraiser should discuss the appraisal assignment as soon work is assigned. The Review Appraiser and, if practical, the Appraiser, should hold at least one field review in order to identify any legal issues that may exist. If any legal issues exist, the Review Appraiser shall request a legal opinion.
9. All legal opinions shall be rendered by SBCTA’s legal counsel and the appraisal shall be prepared in accordance therewith.
Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services) 10. CONSULTANT’s Review Appraiser’s certification of the recommended value of the property shall be set forth in a signed statement which identifies the appraisal reports reviewed and explains the basis for such recommendation. Any damages or benefits to any
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remaining property shall also be identified in the statement.
11. All reports and deliverables shall generally be transmitted electronically to SBCTA.
12. As directed by SBCTA, CONSULTANT shall coordinate with other SBCTA staff and/or consultants for supplemental work required for the effective delivery of the Measure I Program, other local, State, FTA and other federally funded programs. Fees charged by SBCTA staff and/or consultants shall be paid directly by SBCTA.
E. GOODWILL APPRAISAL SERVICES
Goodwill appraisal services may include, but are not limited to, the following:
1. CONSULTANT’s Appraiser shall prepare Goodwill Valuations in accordance with California Code of Civil Procedure sections 1263.510-1263.530 and the Uniform Standards of Professional Appraisal Practice (USPAP). Appraiser must be licensed by the State of California Bureau of Real Estate Appraisers.
2. Appraiser must be qualified to provide expert witness testimony and defend the conclusions reached in the appraisal at any Administrative or Judicial proceeding.
3. All reports and deliverables shall generally be transmitted electronically to SBCTA.
4. Appraiser may be required to meet with and coordinate their efforts with SBCTA staff, SBCTA legal counsel, or other consultants, and to participate in office or project site meetings.
5. In valuing the loss of goodwill to a business, Appraiser shall rely upon the definition of fair market value found in Section 1263.320 of the California Code of Civil Procedure, and provisions for compensation for loss of goodwill as outlined in Section 1263.510 of the California Code of Civil Procedure.
6. It is the Appraiser’s responsibility to contact SBCTA’s staff for discussion and/or clarification of any project design matters as well as relocation sites for the business.
7. Appraiser shall work with and take direction from SBCTA legal counsel in the delivery of their reports.
8. If any legal issues exist during the course of the appraisal assignment, Appraiser shall request a legal opinion. All legal opinions shall be rendered by SBCTA’s legal counsel.
9. As directed by SBCTA, CONSULTANT shall coordinate with other SBCTA staff and/or Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services) consultants for supplemental work required for the effective delivery of the Measure I Program, other local funds, State and federally funded programs. Fees charged by SBCTA staff and/or consultants shall be paid directly by SBCTA. 9
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F. FURNITURE, FIXTURES, MACHINERY AND EQUIPMENT APPRAISAL SERVICES
Such appraisal services may include, but are not limited to, the following:
1. CONSULTANT shall prepare appraisals in accordance with the California Eminent Domain Law, Code of Civil Procedure sections 1230.010 et seq.; the Uniform Standards of Appraisal Practice (USPAP); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended and as implemented by 49 CFR Part 24; Chapter 16, of Title 1, Division 7 of the California Government Code; and the State of California Relocation Assistance and Real Property Acquisition Guidelines (Title 25, California Code of Regulations Div. 1, Ch. 6, Art. 1, Section 6000 et seq.). Appraiser must be licensed by the State of California Bureau of Real Estate Appraisers.
2. Prepare a complete inventory of the assets at the subject business location. This inventory includes a description of the assets, as well as observation of their age and condition.
3. Review documentation pertaining to the assets provided by the business owner or manager, such as invoices and depreciation schedules.
4. Interview business owners and/or managers.
5. Research the marketplace for each of the assets identified on-site. Such research includes reference to a variety of publications, as well as discussions with individuals knowledgeable about the market for the assets.
6. Coordinate with other appraisers to avoid duplication of compensation.
7. Apply valuation methods including the Market Approach and Cost Approach to the subject assets.
8. CONSULTANT must be qualified to provide expert witness testimony and defend the conclusions reached in the appraisal at any Administrative or Judicial proceeding.
9. All reports and deliverables shall generally be transmitted electronically to SBCTA.
10. CONSULTANT may be required to meet with and coordinate their efforts with SBCTA staff, SBCTA legal counsel, or other consultants, and to participate in office or project site meetings. Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services) 11. It is the CONSULTANT’s responsibility to contact SBCTA’s project engineers for discussion and/or clarification of any project design matters.
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12. It is the CONSULTANT’s responsibility to contact SBCTA’s legal counsel for discussion and/or clarification in identifying personal or real property.
13. If any legal issues exist during the course of the appraisal assignment, CONSULTANT shall request legal opinion. All legal opinions shall be rendered by SBCTA’s legal counsel.
14. As directed by SBCTA, CONSULTANT shall coordinate with other SBCTA staff and/or consultants for supplemental work required for the effective delivery of the Measure I Program, other local, State, FTA and other federally funded programs. Fees charged by SBCTA staff and/or consultants shall be paid directly by SBCTA.
15. Additional Qualifications for appraisal-related services:
CONSULTANT shall have a minimum five years’ experience as full-time appraiser CONSULTANT shall be a member of a professionally recognized appraisal society or institute, such as the Appraisal Institute CONSULTANT shall have completed a minimum ten appraisal assignments in California involving potential acquisition pursuant to the laws of eminent domain CONSULTANT shall certify that CONSULTANT has not been disciplined in the last five years as an appraiser by any government or professional association
G. RIGHT OF WAY ACQUISITION AND RELOCATION, REAL PROPERTY RESEARCH, SEARCHES, IDENTIFICATION AND FEASIBILITY STUDIES FOR REPLACEMENT AND MITIGATION SITES, and COST ESTIMATES
CONSULTANT services may include, but are not limited to, the following:
1. All CONSULTANT work, including but not limited to right of way acquisition and relocation, real property research, searches, identification, and feasibility studies for replacement and mitigation sites, cost estimates, the sale or disposition of excess/surplus real property interests, and any related work shall comply with applicable federal, State and local statutes and regulations, including but not limited to: the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended, and implemented by 49 CFR Part 24; Chapter 16, of Title 1, Division 7 of the California Government Code; the California Relocation Assistance and Real Property Acquisition Guidelines (Title 25, California Code of Regulations Div. 1, Ch. 6, Art 1, Section 6000 et seq.); the California Eminent Domain Law, Code of Civil Procedure sections 1230.010 et seq.; the Uniform Standards for Federal Land Acquisitions; the California Public Utilities Code; and the California Streets and Highways Code.
2. CONSULTANT shall establish and maintain complete and current ownership files in a form Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services) acceptable to the client.
3. CONSULTANT shall receive and analyze title information, approved appraisal reports, and
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legal descriptions in sufficient detail to negotiate with property owners and other parties.
4. CONSULTANT shall prepare all offer letters, summary statements, and lists of compensable items of fixtures and equipment, in accordance with state or federal regulations and approval of client.
5. CONSULTANT shall present written purchase offers to owners or their representatives in person, when possible. Secure receipt of delivery of offer as practical, and present and secure tenant information statements, as applicable.
6. CONSULTANT shall notify relocation agent of initiation of negotiations within two business days and provide appraisal information, occupant contact information, and tenant information as necessary.
7. CONSULTANT shall follow-up and negotiate with each property owner, as necessary; prepare and submit recommended settlement justifications to client for review and approval; review any independent appraisal secured by property owner; and coordinate reimbursement of appraisal fees (up to $5,000) with client. Ongoing negotiations and settlement discussions will continue for 8 weeks after the initial offer or if settlement or impasse is reached sooner.
8. CONSULTANT shall prepare and assemble acquisition contracts, deeds, and related acquisition documents required for the acquisition of necessary property interests. Legal descriptions to accompany easements or to accompany partial acquisition deeds are not included in this Scope of Work.
9. CONSULTANT shall maintain a diary report of all contacts made with property owners or representatives and a summary of the status of negotiations indicating attitude of owners, problem areas, and other pertinent information. Copies of all applicable written correspondence will be maintained in files.
10. CONSULTANT shall prepare an impasse letter for any parcel where, after diligent attempts to settle by negotiation, it appears eminent domain will be needed or prudent to acquire the needed interest.
11. CONSULTANT shall transmit executed acquisition documents to client. Each transmittal package shall include a fully executed and properly notarized deed(s), fully executed acquisition contract with attachments, and a brief settlement memorandum which summarizes the pertinent data relative to the transaction.
12. On projects involving FTA oversight, CONSULTANT will seek prior approval from FTA for all appraisals in excess of $500,000, and concurrence from FTA on all administrative
settlements that are $50,000 above the appraisal amount. Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services)
13. In the event condemnation is necessary, CONSULTANT will provide SBCTA’s eminent domain counsel with a duplicate copy of the parcel file, including but not limited to, the 12
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appraisal, preliminary title report/litigation guarantee, offer to purchase, correspondence, acquisition contract, deed and all other relevant project information.
14. Provide eminent domain counsel with available right of way maps and legal descriptions, preliminary title reports and title review documents, and information on how to contact each owner or interest holder.
15. Convert preliminary title reports to litigation guarantees for eminent domain counsel’s use.
16. Provide ongoing support for condemnation activities at the direction of SBCTA’s eminent domain counsel, including settlement negotiations and court testimony.
17. If any legal issues arise during the course of CONSULTANT’s performance of services required by SBCTA, CONSULTANT shall request legal opinion. All legal opinions shall be rendered by SBCTA’s legal counsel.
18. CONSULTANT may be required to review right of way acquisition and relocation files of current and past SBCTA projects to ensure compliance with applicable State and/or federal federal regulations.
19. CONSULTANT’s Acquisition/Negotiation Agents must provide evidence of proper real estate license in the State of California.
20. CONSULTANT must demonstrate knowledge and experience in working with the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), Caltrans, other public entities, railroad entities, and major utility owners.
H. TITLE AND ESCROW SERVICES
Title and Escrow Services may include, but are not limited to, the following:
1. At the initiation of the work program, the CONSULTANT shall meet with SBCTA staff regarding SBCTA’s requirements for specific title work and escrow services assignments.
2. CONSULTANT shall provide Preliminary Title Reports and Litigation Guarantees on all Fee Simple and less than Fee Simple property and property interests as requested by SBCTA.
3. CONSULTANT shall ensure that all Preliminary Title Reports are accurate and complete.
4. CONSULTANT shall provide all additional legal documents required by SBCTA, such as
copies of conveyance deed, deed restrictions, liens and encumbrances, title chains and the Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services) like.
5. CONSULTANT staff shall prepare and review all legal documents necessary to ensure that
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SBCTA is acquiring good title to the property or property interests to be purchased, free from liens and encumbrances.
6. CONSULTANT shall provide all necessary assistance to SBCTA to clear all exceptions stated in the Preliminary Title Reports, unless waived by SBCTA in writing.
7. CONSULTANT shall ensure that all conditions precedent and conditions subsequent provided for in Purchase and Sales Agreements are met and satisfied prior to Close of Escrow.
8. CONSULTANT shall prepare, subject to review and approval by SBCTA’s legal counsel, Escrow Instructions for execution by SBCTA and the grantor(s) or grantee(s). CONSULTANT shall ensure that all legal requirements are satisfied prior to Close of Escrow.
9. CONSULTANT shall provide efficient Escrow Services to SBCTA and property owners involved in SBCTA-related transactions.
10. CONSULTANT shall prepare all necessary conveyance documents and demand and release of lien/encumbrance documents, and submit the same for approval by SBCTA legal counsel prior to close of escrow.
11. CONSULTANT shall obtain grantor’s Tax Identification Number, Social Security Number, Employer Identification Number or Federal Employer Identification Number prior to Close of Escrow and provide the same to SBCTA.
12. CONSULTANT shall record all documents necessary for the acquisition of property/property rights, release of liens and encumbrances with the proper State, County and City recorder’s office.
13. CONSULTANT shall prepare an Escrow Closing Schedule in accordance with written instructions from SBCTA and property owners.
14. CONSULTANT shall meet and coordinate its work with other right of way consultants as directed by SBCTA.
15. Immediately prior to Close of Escrow, CONSULTANT shall order and provide SBCTA with an Updated Preliminary Title Report to ensure that no new liens and/or encumbrances are recorded on the property/property interests to be acquired by SBCTA.
16. At Close of Escrow, CONSULTANT shall prepare and submit an Escrow Closing Statement Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services) to SBCTA and other parties to the transaction, together with copies of all documents conveying title to SBCTA, copies of releases of liens and encumbrances, and receipt for payments made on behalf of SBCTA and the other parties to the transaction.
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17. At Close of Escrow, unless otherwise agreed to by SBCTA, the CONSULTANT shall issue a Standard Owner’s Policy of Title Insurance effectively insuring SBCTA’s interest and ownership of the property or property rights acquired, unless an ALTA Policy of Title Insurance is requested by SBCTA.
18. CONSULTANT shall provide multi-lingual services as needed for efficient closing of SBCTA transactions.
19. As requested by SBCTA, CONSULTANT may be required to testify in any administrative or judicial proceeding.
20. CONSULTANT shall perform any other normal procedures and processes necessary to implement the assignment or work program and shall provide any other supporting information and/or correspondence required by SBCTA.
21. CONSULTANT shall assign a Project Manager, a Title Officer and an Escrow Officer to this procurement, which may not be replaced without the written consent of SBCTA.
22. If legal issues exist during CONSULTANT’s performance of services required by SBCTA, CONSULTANT shall request legal opinion. All legal opinions shall be rendered by or concurred with by SBCTA’s legal counsel.
23. As directed by SBCTA, CONSULTANT shall coordinate with other SBCTA staff and/or consultants for supplemental work required for the effective delivery of Measure I Program, other local, State, FTA and other federally funded programs. Fees charged by SBCTA staff and/or CONSULTANTs shall be paid directly by SBCTA.
I. PROPERTY MANAGEMENT, HAZARDOUS MATERIAL REMOVAL, DEMOLITION AND CLEARANCE SERVICES
Services may include, but not be limited to, the following:
1. General Property Management Services
a) For acquisition-related projects, maintain a Certified Property Manager (CPM) on staff during the full term of the agreement and/or task order as necessary to lease, license, manage and maintain all property types acquired, including improved and unimproved property interests.
b) Prepare and administer leases, licenses, rights of entry, and amendments; coordinate with Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services) utilities and ensure payment of utilities; secure and maintain vacant properties; perform inspections and weed abatement; remove trespassers; maintain a monthly Property Inventory Report and Rent Roll; prepare and maintain invoicing; perform collections and
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other responsibilities in conjunction with the management and maintenance of real property interests.
c) In cases where occupants need to remain in the property prior to relocation in conjunction with a property acquisition, administer temporary lease agreements, which includes rent collection, ensuring payment of utility bills, and maintaining decent living conditions for occupants. Prepare, maintain and submit a monthly Rent Collection and Receivables Aging Report.
d) After occupants have been relocated in conjunction with a property acquisition and properties are vacant, CONSULTANT shall coordinate with SBCTA to appropriately fence and secure properties and prevent trespassers, intruders and vandals from gaining entry to properties.
e) As directed by SBCTA, CONSULTANT shall coordinate with other SBCTA staff and/or consultants for supplemental work (i.e., perform soil testing, environmental clean-up) required for the effective delivery of Measure I Program, other local, State, FTA and other federally funded programs. Fees charged by SBCTA staff and/or consultants shall be paid directly by SBCTA.
2. Hazardous Material Removal, Demolition and Clearance
a) Surveys of buildings, containers, etc.
The CONSULTANT may be required to provide survey activities. Survey activities may include the surveying and testing, as applicable, of buildings, structures, stored materials, tank contents, soils, water, and containers to determine whether hazardous waste or materials are present. The CONSULTANT may also be required to perform environmental site assessment work to confirm that the properties are free and clear of hazardous materials, potentially requiring the on-call team to assist with required environmental assessment and/or site remediation work as directed by SBCTA.
Typical surveys or assessments may include, but not be limited to, inspections for:
Asbestos containing materials (ACM) in buildings and pipelines PCB containing materials in transformers, equipment, containers Fuels and other chemicals in tanks, barrels and storage containers Review of buildings or structures to determine whether hazardous materials are being used or stored The presence of lead paint Environmental Assessment (i.e., Phase 1, Phase 2) Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services) Only when requested will a Certified Industrial Hygienist (CIH) be utilized for survey plans and work. Requests for a CIH will be through the project or task order process. When surveys are included in a task order, survey activities as well as results shall be included as a report or as part of the Site Investigation Report. 16
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Soil Groundwater
b) Removal and Disposal of Asbestos and Lead Paint
This work shall consist of identifying, quantifying, removing and disposing of materials containing friable and/or non-friable asbestos prior to the demolition of improvements, and obtaining all necessary licenses, permits, certification, and other documents needed for the work. No grinding equipment that may expose asbestos-containing materials may be used.
CONSULTANT shall prepare a plan presenting the methods for removing, handling, transporting and disposing of friable or non-friable asbestos. Prior to submittal to the Project Manager, the local Air Quality Management District must approve the plans for friable asbestos. The submittal of these plans to the Southern California Air Quality Management District (SCAQMD) must occur 14 days prior to the start of work. This plan shall include identification of all Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA) licenses, permits and certifications required for asbestos abatement work, removal, handling and transport.
All asbestos work and lead paint removal shall conform to federal, State and local laws governing the identification, preparation, workers, equipment, safety, monitoring, signing, fencing, removing, and hauling of friable and non-friable asbestos, and shall supply copies or information on all applicable licenses, permits, and notifications required by applicable laws and regulations.
In cleaning sites that involve asbestos removal, CONSULTANT must be properly licensed for such work. CONSULTANT shall be responsible for maintaining, monitoring, securing, and posting the site in accordance with all laws, regulations and permits required for asbestos abatement work. The CONSULTANT shall be provided with an asbestos report prior to starting the job, and will be required to provide the SBCTA manager with copies of all documents required for abatement and certification at the conclusion of the removal and disposal of asbestos.
CONSULTANT shall use a California Uniform Hazardous Waste Manifest, which will be signed by the Project Manager or his designee. Project Manager will supply the EPA Generator number for the CONSULTANT if necessary.
CONSULTANT shall use hazardous waste haulers having current registration with the California Department of Health Services (CDOHS), and shall have a U.S. EPA Identification Number (US EPA ID Number). All vehicles used to transport hazardous waste shall have a valid Certificate of Compliance affixed to the vehicle. Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services)
Asbestos containerized for transportation to a disposal site shall be appropriately labeled. CONSULTANT shall pay any disposal site charges. 17
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Non-friable asbestos-containing material is to be considered hazardous waste. CONSULTANT shall take precautions during removal that it remains wet, breakage is minimized, minimal visual emissions are allowed, and it is not physically altered or powdered to result in the release of free asbestos fibers.
If the CONSULTANT discovers any asbestos-containing material or other hazardous waste not noted in the report provided by SBCTA, the CONSULTANT must stop work. The CONSULTANT must call the Project Manager and should give an estimate of cost for this unforeseen work. Said materials will be removed only after approval in writing by the Project Manager. The removal of unforeseen asbestos will comply with the requirements pertaining to removal and disposal of asbestos.
c) Hazardous and/or Toxic Waste or Materials
CONSULTANT shall immediately notify the Project Manager upon encountering any type of hazardous and/or toxic wastes or materials during the demolition and removal process. Project Manager will request an immediate site investigation by SBCTA’s designated consultant.
Should it become necessary to terminate the demolition and removal process, CONSULTANT shall be compensated only for work in progress or actually completed. The amount of such compensation is to be determined by the Project Manager. No payment shall be made for delay or lost profits anticipated for uncompleted work.
Failure of the CONSULTANT to notify SBCTA of the presence of hazardous and/or toxic wastes or materials may result in legal liability to the CONSULTANT for all actual damages resulting to SBCTA.
d) Demolition and Clearance
CONSULTANT may be required to provide related demolition and clearance services, including but not limited to, demolition and clearance, removal of walls, fences, trees and shrubs, asbestos and lead based paint removal and disposal, site remediation of hazardous materials, and fencing or securing within 24 hours of Task Order execution. CONSULTANT shall work through a Demolition Contractor who shall furnish all labor, tools, materials and equipment necessary to provide routine and/or emergency demolition and clearance services for residential, commercial and industrial properties. In the performance of this task, CONSULTANT shall at all times comply with all applicable laws, decisions, ordinances, statutes, rules, and regulations of the U.S. Government, the State of California, and any political subdivision or public authority thereof, including without limitation, tax, labor, prevailing wage, safety, security and social security laws Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services) and regulations. In addition, CONSULTANT shall perform the services thereunder in a manner so as not to endanger the safety of any person or property.
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CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices necessary for the due and lawful performance of work. CONSULTANT shall comply with the provisions of said statutes in obtaining such permits, licenses and other authorizations, and they shall be obtained in sufficient time to prevent delays to the work.
CONSULTANT shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) adjacent to the work site, which is not to be removed and which does not unreasonably interfere with the work required under this contract.
CONSULTANT shall protect from damage all existing improvements and utilities near the work site and on adjacent property owned by a third party, the locations of which are made known to or should be known by the CONSULTANT. CONSULTANT shall repair any damage, at its own cost or expense, to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the CONSULTANT fails or refuses to repair the damage promptly, SBCTA may have the necessary work performed and charge the cost to the CONSULTANT.
e) Demolition and Clearance Special Provisions
All materials resulting from provision of demolition and clearance services shall become the property of the Demolition Contractor and shall be removed from the premises. Hazardous materials shall be disposed of in accordance with appropriate laws and regulations, including OSHA Construction Standard (29 CFR 1926.1101) and EPA National Emission Standards for Hazardous Air Pollutants (NESHAP 40 CFR Part 61 Subpart M).
Sewer capping shall be the first order of work. CONSULTANT shall disconnect and cap sewer lines at the property line or back of sidewalk. All sewer capping shall be subject to inspection by the responsible agency. CONSULTANT shall notify the responsible agency a minimum of 24 hours prior to capping the sewer. The excavation resulting from the sewer cap operation shall be covered until inspection by the responsible agency and immediately backfilled after inspection. CONSULTANT or his representative shall be on the site at the time the responsible agency inspects the sewer cap. Prior to starting demolition operations, CONSULTANT shall contact utility companies to verify the location of their service lines to be protected in place and/or verify removal of their service lines.
Prior to starting demolition operations adjacent to any public way, CONSULTANT shall erect a protection fence. A protection fence will not be necessary when the distance from the improvement to the public way is more than one-half the height of the improvement Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services) being demolished.
Where a protection fence is erected on a public sidewalk, a pedestrian walkway shall be
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provided. The walkway and sidewalk shall meet the Code requirements established by the City/Jurisdiction where the project is located. The required width of the walkway shall be unobstructed.
No structural member in any level shall be demolished or removed until the level next above is completely removed, excepting Class “A” masonry and/or concrete improvements, subject to the approval of the responsible agency.
The cleaning of brick on the site is prohibited. CONSULTANT shall break the floor of and fill all basements, pits, and sumps, and backfill all excavations resulting from the removal operations.
CONSULTANT shall not proceed from one item of work to the next until the previous item is in non-hazardous condition and all combustible material has been removed.
CONSULTANT shall clear and grub all trees, shrubs and vegetation unless otherwise specified in a task order. Tree removal shall include removing the major root ball and backfilling the resulting excavations.
CONSULTANT shall not remove fencing adjoining improved property unless instructed to do so by the Project Manager.
Unless specifically stated otherwise in these provisions, SBCTA assumes no responsibility for conditions not evident at the time of bid openings or for subsequent change or damage of any nature to the improvements not within the control of the SBCTA.
The Project Manager reserves the right to remove such items from the improvements as deemed suitable before directing CONSULTANT to begin demolition operations.
f) Workmanship
The workmanship shall be in conformance with the building codes of the State, County, and city in which the work is being done. CONSULTANT shall conduct operations in such a manner to cause the least obstruction and/or inconvenience to the surrounding tenants and/or property owners.
It is the CONSULTANT’s responsibility to notify the Project Manager to have all work inspected within 24 hours of work completion for final inspection of work. CONSULTANT shall leave each work site in a clean and neat condition, and shall haul
away and legally discard any materials or debris caused by work actions from the job site, Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services) at no additional cost.
g) Coordination of Work with other SBCTA consultants. 20
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As directed by SBCTA, CONSULTANT shall coordinate with other SBCTA staff and/or consultants for supplemental work (i.e., perform soil testing, environmental clean-up) required for the effective delivery of Measure I Program, other local, State, FTA and other federally funded programs. Fees charged by SBCTA staff and/or consultants shall be paid directly by SBCTA.
h) Estimated Time of Completion
Precise time frame for completion of work will be specified in the contract task order to be issued upon award of work. The exact time frame will depend on the volume and type of work, typically within 45 calendar days, including Southern California Air Quality Management District (SCAQMD) notification.
J. RELOCATION SERVICES
The CONSULTANT shall provide a Relocation Assistance Coordinator, as needed, to implement the Relocation Assistance Program (RAP) in accordance with applicable laws, regulations, and policies. Services may include, but are not limited to, the following:
1. Implement the Uniform Act and other requirements.
2. Prepare Relocation Impact Documents (RID), Replacement Housing Valuations, and other relocation planning documents.
3. Identify that sufficient consultants are available to perform the RAP requirements of the project, such that there is adequate time to spend with each displacee to ensure the appropriate level of advisory assistance is provided and that claims are processed in a timely manner.
4. Maintain communication with project team, including acquisition agents, SBCTA staff, and other team members.
5. Attend project coordination meetings.
6. Act as primary point of contact between displaced persons and businesses while coordinating with acquisition agents, SBCTA staff, and other staff as necessary.
7. Thoroughly understand the project, its impacts to the owner and tenants, and the need to acquire the property.
Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services) 8. Conduct personal, on-site interview with displacee to ascertain relocation housing or business needs and special requirements.
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9. Inform displacee of available relocation assistance services and benefits, and explain relocation process.
10. Provide displacee with ongoing advisory assistance to minimize hardship, including referrals to, and coordination with, community service resources, public housing, and other services, as necessary.
11. Prepare and distribute Informational Notices, Notices of Eligibility, 90-Day Notices to Vacate, and other notices and brochures, as may be required, in coordination with SBCTA staff.
12. Provide written referrals to comparable replacement housing or alternative business locations, and physically assist residential or business occupant in locating replacement properties, including transporting displacee to view replacement sites, if necessary.
13. Prepare replacement housing/down payment assistance entitlement reports for displacee.
14. Determine eligibility and proposed amount of relocation benefits, including moving payments and rental/down payment assistance.
15. Inspect replacement dwellings to determine if they meet decent, safe and sanitary requirements.
16. Prepare all applicable benefit claim forms, secure claimant’s signatures, and submit claim forms to agency staff for processing and payment.
17. Monitor the move to replacement site, as necessary.
18. Deliver benefit checks and other appropriate payments to claimant, obtaining signed receipts for such payments.
19. Maintain necessary case documentation, including case diaries which will be submitted monthly.
20. Verify that all personal property has been removed from the acquired site prior to authorizing the payment of the moving entitlement.
21. Deliver completed relocation assistance files to SBCTA upon completion.
22. Coordinate increase of rental rates with SBCTA and/or FTA staff to ensure that increases for RAP eligible occupants are in accordance with rental policy for residential rental rates.
Increases in rental rates for 90-day Occupants may drastically affect their entitlements. Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services)
23. Perform inspections of the real property just prior to or at the close of escrow to determine if the acquired items of realty are still on-site, and explain to the displacees who will remain in 22
Exhibit A – “SCOPE OF WORK”
Packet Pg. 105 10.e
occupancy that they are responsible for maintenance of the property until they vacate.
6. Describe grace period, if any, for businesses with rental agreement.
K. PROPERTY DISPOSITION
CONSULTANT shall assist SBCTA in the sale and disposition of property declared as excess land in accordance with California Government Code Sections 54220 et seq.
1. Following determination by SBCTA that the property(ies) is (are) excess land, CONSULTANT shall assist SBCTA with the 60-day public agency notification period for City and County agencies within the jurisdiction of the parcels for their specific, limited uses. CONSULTANT will prepare the agreement documents, coordinate the transaction with the parties and facilitate the closing of escrow. If no interest is expressed, the excess land will be offered on the open market.
2. In preparation for sale at the appropriate time, CONSULTANT will ensure that a new legal description is prepared for each remnant parcel, that the value has been determined by an appraisal, and that SBCTA has the ability to convey clear title to the excess land.
3. CONSULTANT will assist with advertising in trade magazines, provide on-site marketing signs, and perform site inspections prior to the auction for potential bidders. CONSULTANT will also provide an auctioneer and scribe, or an agent to open bids and record information if the auction is by sealed bid.
4. CONSULTANT will obtain a pre-approval letter and an earnest deposit from each bidder to be placed in an escrow account.
5. CONSULTANT will prepare Purchase Agreement, Bid Packages and Parcel Information Sheets. CONSULTANT will keep track of who has requested information and mail out information as appropriate to potential bidders.
6. CONSULTANT will prepare the necessary SBCTA Board of Directors resolutions authorizing the sale of the properties and approving the terms and conditions.
7. CONSULTANT will submit all documents to escrow and ensure that the transactions close.
L. RIGHT OF WAY CERTIFICATION
SBCTA intends to self-certify projects by having a Right of Way Certification prepared and completed in a format similar to the Caltrans Right of Way Manual. CONSULTANT shall prepare Certification Package from the files and documents necessary to complete the Right of Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services) Way Certification for SBCTA’s review.
23
Exhibit A – “SCOPE OF WORK”
Packet Pg. 106 10.e
M. UTILITY RELOCATION COORDINATION
CONSULTANT shall provide a Utility Relocation Coordinator with knowledge and experience with local, State, and federal laws, policies, and procedures that deal with Utility Relocation to verify utilities, identify utility conflicts, coordinate utility relocation, and manage and track billings related to these activities for utilities in physical conflict or in violation of the Department’s utility accommodation policy for transportation projects. Additionally, the Utility Relocation Coordinator shall be knowledgeable in liability determination for cost of utility relocation by understanding and using Master Contracts between Caltrans and other public agencies, and utility companies, California Streets and Highways Code, and statutes relating to the FTA and Caltrans. Services may include, but are not limited to, the following:
1. CONSULTANT shall establish files that document action taken or recommended.
2. Prepare estimates based on possible relocations. Update and revise the estimates when necessary.
3. Identify and verify all utility facilities lying within existing and proposed rights of way.
4. Coordinate all positive location requirements for all high/low risk utility facilities within the project limits.
5. Coordinate “avoidance” and relocation of facilities.
6. Assist in preparing and/or reviewing: encroachment exception requests, high/low risk policy exceptions, FTA or FHWA Request for Authorization packages, FTA or FHWA approval of Utility Agreements, portions of the Right of Way Data Sheets, portions of the R/W Certification document, where applicable.
7. Prepare Notices to Owners, Utility Agreements, and Encroachment Permits.
8. Verify relocation billings and process for payment when acceptable.
9. Represent SBCTA at meetings with utility companies.
N. RAILROAD COORDINATION
On an as-needed basis, CONSULTANT shall provide a railroad coordinator to lead the efforts required to provide clearance between the subject railroad and other agencies to perform design and construction activities. Other agencies may consist of SBCTA, Caltrans, FTA, County and/or
cities. Services may include, but are not limited to, the following: Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services)
1. Coordinate with PM, SBCTA, and other agencies.
24
Exhibit A – “SCOPE OF WORK”
Packet Pg. 107 10.e
2. Schedule and coordinate meetings with the various agencies and the railroad.
3. Develop a schedule of activities required for clearance.
4. Monitor the activities and action items and report this to the right of way project manager regularly.
5. Prepare required documentation.
O. SBCTA STAFF AUGMENTATION
SBCTA staffing needs fluctuate and, depending on the workload, CONSULTANT may be asked to provide on-site staff augmentation at SBCTA premises.
Attachment: On_Call ROW_Exhibit A_Scope of Work (5709 : Award for On-Call Right-of-Way Services)
25
Exhibit A – “SCOPE OF WORK”
Packet Pg. 108 11
Minute Action
AGENDA ITEM: 11 Date: May 1, 2019 Subject: Award for On-Call Right-of-Way Legal Services Recommendation: That the Board, acting as the San Bernardino County Transportation Authority:
A. Award Contract No. 18-1001925 to Meyers Nave Riback Silver & Wilson for On-Call Right- of-Way Legal Services for current and future Transit and Rail projects and programs, for an amount described in Recommendation C, for a three-year term with two one-year options to extend.
B. Approve Contract No. 19-1002002 with Richards, Watson & Gershon for On-Call Right-of- Way Legal Services for current and future Transit and Rail projects and programs, for an amount described in Recommendation C, for a three-year term with two one-year options to extend.
C. Approve a total not-to-exceed amount of $7,500,000 for Meyers Nave Riback Silver & Wilson (Contract No. 18-1001925) and Richards, Watson & Gershon (Contract No. 19- 1002002). Background: In May 2018, the San Bernardino County Transportation Authority (SBCTA) Board approved the release of an On-Call Right-of-Way (ROW) Legal Services Request for Proposals (RFP) No. 18-1001925 to support the delivery of the West Valley Connector Project and other Transit and Rail projects and programs. The RFP was released on March 4, 2018, and was sent electronically to approximately four hundred and twenty-five (425) consultants registered on PlanetBids. The solicitation was issued in accordance with current SBCTA policies and procedures for Consultant Services.
One addendum was issued on May 24, 2018 to include additional information referenced on the Bidder’s List of Subcontractors form Exhibit 12-B Part II. Eight (8) proposals were received by the date and time specified in the RFP. A responsiveness review was conducted by the Procurement Analyst and found all eight (8) proposals to be responsive.
The proposals were disseminated to all evaluation committee members on June 14, 2018 along with the Evaluation Committee Information and Instructions, copy of the Score Sheets, and the Declaration of Impartiality and Confidentiality form. The Evaluation Committee consisted of three (3) SBCTA staff members.
Evaluators concluded their individual review of the proposals and convened to review, discuss and score the proposals. The Evaluation Committee members met on June 26, 2018, and discussed each proposal according to the evaluation criteria, including the proposal’s strengths and weaknesses. The Procurement Analyst also provided information regarding the reference checks of the firms. At the completion of discussions, the committee members individually scored the proposals based on the following evaluation criteria: Qualifications of the Firm - 30%; Proposed Staffing and Project Organization - 30%; Technical Approach/Work Plan – 25%; and Price – 15%. Based on the scoring, the firms were ranked in order of technical merit and a short- Entity: San Bernardino County Transportation Authority Packet Pg. 109 11 Board of Directors Agenda Item May 1, 2019 Page 2 list was developed. The Evaluation Committee agreed to interview the following four (4) firms: Meyers Nave Riback Silver & Wilson, Nossaman LLP, Richards, Watson & Gershon, and Woodruff Spradlin & Smart.
Interviews were conducted on July 12, 2018, and at the completion of the interviews, the Evaluation Committee separately scored the interviews. The assigned weight for the procurement was 40% for technical evaluation and 60% for the interview evaluations.
Based on the qualifications of each of the firms interviewed, the Evaluation Committee recommends that Contract Numbers 18-1001925 and 19-1002002 be awarded to Meyers Nave Riback Silver & Wilson and Richards, Watson & Gershon, respectively, to perform On-Call Right-Of-Way Legal Services. The firms clearly demonstrated a thorough understanding of the scope of work and proposed an overall solid team. Evaluation forms and reference checks are located in the Contract Audit File.
Work under the on-call contracts will be issued on a Contract Task Order (CTO) basis and in accordance with SBCTA’s On-Call CTO policies and procedures. Per SBCTA’s procedures, once the scope of work for a CTO is defined, it is released to the prequalified firms requesting a proposal. SBCTA staff evaluates the proposals and assigns the CTO to the firm that best meets the project requirements based on criteria that includes; but is not limited to, schedule, cost, proposed staff experience, expertise, availability and proven success. Requesting proposals from each prequalified firm maintains the integrity of a competitive process ensuring the best overall value to SBCTA for each CTO.
It was originally anticipated that the majority of work under the CTO-based contracts would be to support the West Valley Connector (WVC) Project. The WVC project is currently in the environmental clearance phase and the environmental clearance is tentatively scheduled to be completed December 2019. As a result of funding constraints, moving the project beyond the environmental clearance phase is contingent on securing grant funding. Staff anticipates using the on-call contracts to complete the right-of-way acquisitions should sufficient grant funding be secured to deliver the WVC project. Financial Impact: This item is consistent with SBCTA Fiscal Year 2018/2019 budget. Reviewed By: This item was reviewed and recommended for approval (8-0-1; Abstained: Avila) by the Transit Committee on April 11, 2019. SBCTA’s General Counsel, Procurement Manager and Risk Manager have reviewed this item and the draft contracts. Responsible Staff: Victor Lopez, Program Manager
Approved Board of Directors Date: May 1, 2019 Witnessed By:
San Bernardino County Transportation Authority Packet Pg. 110 Contract Summary Sheet 11.a General Contract Information
Contract No: 18-1001925 Amendment No.: Sole Source? No
Vendor No.: 02942 Vendor/Customer Name: Meyers Nave Riback Silver & Wilson
Description: On-Call Right-of-Way Legal Services
Estimated Start Date: 05/01/2019 Expiration Date: 05/01/2022 Revised Expiration Date:
List Any SBCTA Related Contracts Nos.: 19-1002002 On-Call Right-of-Way Legal Services-Richard Watson Gershon Dollar Amount Original Contract $ 3,750,000.00 Original Contingency $ - Prior Amendments $ - Prior Amendments $ - Current Amendment $ - Current Amendment $ - Total/Revised Contract Value $ 3,750,000.00 Total Contingency Value $ - Total Dollar Authority (Contract Value and Contingency) $ 3,750,000.00 Contract Authorization Board of Directors Date: 05/01/2019 Board Item # 5710
Contract Management (Internal Purposes Only)
Payable Other Contracts No Budget Adjustment Accounts Payable Total Contract Funding: $ 3,750,000.00 Total Contingency: $ -
GL: 4160 30 0315 0334 52200 41100000 - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: -
Accounts Receivable Total Contract Funding: $ -
Funding Agreement No: Reversion Date:
GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: -
Victor Lopez Carrie Schindler Project Manager (Print Name) Task Manager (Print Name) Additional Notes: Total contract authority for On-Call Right-of-Way Legal Services Contracts is $7.5 million and is shared between contract 19-1002002 ( Richard Watson Gershon) and 18-1001925 (Meyers Nave). Attachment: On_Call Legal_18-1001925 -Contract_Meyers Nave_CSS (5710 : Award for On-Call Right-of-Way Legal Services)
Form 200 05/2018 Packet Pg.1/1 111 Contract Summary Sheet 11.b General Contract Information
Contract No: 19-1002002 Amendment No.: Sole Source? No
Vendor No.: 03413 Vendor/Customer Name: Richards, Watson & Gershon
Description: On-Call Right-of-Way Legal Services
Estimated Start Date: 05/01/2019 Expiration Date: 05/01/2022 Revised Expiration Date:
List Any SBCTA Related Contracts Nos.: 18-1001925 On-Call Right-of-Way Legal Services-Meyers Nave Dollar Amount Original Contract $ 3,750,000.00 Original Contingency $ - Prior Amendments $ - Prior Amendments $ - Current Amendment $ - Current Amendment $ - Total/Revised Contract Value $ 3,750,000.00 Total Contingency Value $ - Total Dollar Authority (Contract Value and Contingency) $ 3,750,000.00 Contract Authorization Board of Directors Date: 05/01/2019 Board Item # 5710
Contract Management (Internal Purposes Only)
Payable Other Contracts No Budget Adjustment Accounts Payable Total Contract Funding: $ 3,750,000.00 Total Contingency: $ -
GL: 4160 30 0315 0334 52200 41100000 - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: -
Accounts Receivable Total Contract Funding: $ -
Funding Agreement No: Reversion Date:
GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: -
Victor Lopez Carrie Schindler Project Manager (Print Name) Task Manager (Print Name) Attachment: On_Call Legal_19-1002002 - Contract_RWG_CSS (5710 : Award for On-Call Right-of-Way Legal Services) Additional Notes: Total contract authority for On-Call Right-of-Way Legal Services Contracts is $7.5 million and is shared between contract 19-1002002 ( Richard Watson Gershon) and 18-1001925 (Meyers Nave).
Form 200 05/2018 Packet Pg.1/1 112 11.c
Exhibit A – “SCOPE OF WORK”
ON-CALL LEGAL SERVICES FOR RIGHT-OF-WAY Attachment: On_Call Legal_Exhibit A-Scope of Work (5710 : Award for On-Call Right-of-Way Legal Services)
Exhibit A-Scope of Work 1 Packet Pg. 113 11.c
SCOPE OF WORK
San Bernardino County Transportation Authority (“SBCTA”) is issuing this Request for Proposals for a CONSULTANT to provide ON-CALL LEGAL SERVICES FOR RIGHT- OF-WAY for a period of three (3) years with two (2) one-year options for extension, to be exercised at the sole discretion of SBCTA, on an On-Call basis in support of current and future SBCTA projects performed by the Transit & Rail Department.
Such services may include, but are not limited to, the following:
A. LEGAL SERVICES IN SUPPORT OF RIGHT OF WAY ACQUISITIONS FOR THE WEST VALLEY CONNECTOR BUS RAPID TRANSIT PROJECT
The WVC project is currently in the environmental clearance phase and moving the project beyond the environmental clearance phase is contingent on securing grant funding. The legal services to be provided to SBCTA concerning the right-of-way acquisition related to the West Valley Connector Bus Rapid Transit Project are to include all customary, necessary and/or desirable services related to negotiated purchases and/or eminent domain proceedings, and the sale or exchange of excess/surplus remnant parcels, at the direction of and coordinated with SBCTA’s General Counsel. SBCTA reserves the right to engage other firms or attorneys to perform the same or similar work for the West Valley Connector right of way acquisitions, and therefore the services shall also include full professional cooperation and coordination with such other firms or attorneys, if any. The legal services may include, but shall not be limited to, any or all of the following:
Review of property titles of potential or actual real property interests required or potentially needed to be sold or exchanged for the project (or to be available to answer questions) with staff, right of way consultants, and appraiser before appraisal takes place, to address any legal issues that the appraiser might have – e.g., valid easements, title issues; Review appraisal and legal descriptions provided by right-of-way/design consultant, when finished, and appraisals regarding the sale of excess/surplus parcels; Review, prepare, and present SBCTA Board items to request approval of appraisals and authorize purchase of required real property interests and sale of excess/surplus remnant parcels, and attend other SBCTA Board meetings as requested by staff; Review Real Estate Acquisition Management Plans (RAMP) and relocation plans, and provide assistance with related issues, if requested. Prepare templates for offers, purchase and sale agreements, deeds, easements, rights of entry, possession and use agreements, administrative settlement memos, and other documents that may be required for the project; Review offers to be made to property owners, assist right-of-way/design consultant(s) with property negotiations for acquisitions and sale of excess/surplus remnant parcels, as requested; Attachment: On_Call Legal_Exhibit A-Scope of Work (5710 : Award for On-Call Right-of-Way Legal Services) Attend monthly project meetings, and other meetings as requested; Review and approve as to form all purchase and sale documents, deeds, easements, possession and use documents, and right-of-entry and permit documents required for
Exhibit A-Scope of Work 2 Packet Pg. 114 11.c
acquisition of the required real property interests and the sale of excess/surplus remnant parcels. If needed, prepare Resolution(s) of Necessity and any supporting documents required for said Resolution(s); If needed, review, prepare, and present materials to SBCTA’s Board for all hearings on Resolution(s) of Necessity; If needed, prepare eminent domain complaint and all necessary documents to obtain prejudgment possession; If needed, litigate and conduct trial for any portion of the right-of-way acquisition process that occurs within the court system, including but not limited to right-to-take challenges, stipulated orders for possession/judgment, and determination of compensation; Provide overview of and general advice regarding property acquisition and sale (excess/surplus remnant parcels) procedures, and ensure compliance with the federal and State acquisition law, regulations and guidelines; Prepare and present support materials to SBCTA’s Board of Directors’ meetings (closed and open sessions) for acquisitions and the sale of excess/surplus remnant parcels; Prepare or review any contracts and conveyance documents that may be required to ensure that all necessary right-of-way has been acquired and sold (excess surplus remnants), and is ready and useable for the purposes of the West Valley Connector project, including but not limited to, contracts with property owners, tenants, other private individuals and entities, local jurisdictions such as cities, the County of San Bernardino, public utility agencies, California Department of Transportation (Caltrans), Federal Transit Administration (FTA), BNSF Railway, Union Pacific Railroad, Southern California Regional Rail Authority (SCRRA or Metrolink), private utility companies, and other State and federal agencies; Progress reporting; and, Such other matters as may be assigned by SBCTA or its General Counsel.
B. ON-CALL LEGAL SERVICES FOR ALL OTHER PROJECTS
SBCTA Transit & Rail Department is responsible for many projects in conjunction with the railroad right-of-way it owns and manages throughout San Bernardino County. As a result, a wide variety of legal services are required on an on-call basis. The on-call legal services will include, but not be limited to, the following services:
Prepare or review any contracts and conveyance documents that may be required to ensure that all necessary right-of-way has been acquired and sold (excess surplus remnants), and is ready and useable for the purposes of any given project, including but not limited to, contracts with property owners, tenants, other private individuals and entities, local jurisdictions such as cities and the County of San Bernardino, public utility agencies, California Department of Transportation (Caltrans), Federal Transit
Administration (FTA), BNSF Railway, Union Pacific Railroad, Southern California Attachment: On_Call Legal_Exhibit A-Scope of Work (5710 : Award for On-Call Right-of-Way Legal Services) Regional Rail Authority (SCRRA or Metrolink), private utility companies, and other State and federal agencies; Title research and support, including the ordering and review of title reports; Leasing, licensing, rights of entry, various permits, estoppels, cooperative agreements,
Exhibit A-Scope of Work 3 Packet Pg. 115 11.c
memorandums of understandings with various public entities, utility companies and private entities, and other agreements/documents as requested; Property management related services, including but not limited to, legal counsel on interpretation and enforcement of agreements, encroachments, property research, disputes, potential litigation, and litigation; Prepare and present support materials to SBCTA’s Board of Directors’ meetings (closed and open sessions) as requested; Represent SBCTA in property rights disputes, including but not limited to, title perfection and quiet title; Attend monthly project meetings, and other meetings as requested; Progress reporting; Risk assessment; and Such other matters as may be assigned by SBCTA or its General Counsel.
Attachment: On_Call Legal_Exhibit A-Scope of Work (5710 : Award for On-Call Right-of-Way Legal Services)
Exhibit A-Scope of Work 4 Packet Pg. 116 12
Minute Action
AGENDA ITEM: 12 Date: May 1, 2019 Subject: Grant Writing Consultant Contract Request for Proposals Recommendation: That the Board, acting as the San Bernardino Associated Governments (SBCOG): A. Release Request for Proposals (RFP) 19-1002152 for a grant writing consultant. B. Authorize staff to proceed directly to Board without prior General Policy Committee review for award of Contract No. 19-1002152. Background: SBCOG has a current contract with Blais & Associates for grant writing, grant support, and grant administration. The original two-year contract was extended in March 2018 for one additional year. Blais has done a fantastic job on behalf of the agency with regard to bringing in state and federal dollars for various plans and projects. The overall return on investment for Blais & Associates is 100 to 1, with the total dollars brought in to the region over the last three years being $29,294,431. Attached to this item is a complete report of activities conducted by Blais & Associates over the three-year contract period. The consultant’s cost to-date is $291,812, which is well under the contract total of $379,749.
This current contract will expire in June 2019, and in an effort to secure continuity with seamless transition, SBCOG is requesting authorization to issue an RFP to solicit grant writing candidates and to present the contract recommended for award directly to the Board of Directors. The proposed contract is for an amount not to exceed $285,000 for a two-year term with two optional one-year extensions. Financial Impact: This item has no impact on the adopted Fiscal Year 2018/2019 budget. Reviewed By: This item was reviewed by the City/County Manager’s Technical Advisory Committee on April 4, 2019 and unanimously recommended for approval by the General Policy Committee on April 10, 2019. SBCTA’s General Counsel, Risk Manager and Procurement Manager have reviewed the item and draft RFP. Responsible Staff: Monique Reza-Arellano, Council of Governments Administrator
Approved Board of Directors Date: May 1, 2019 Witnessed By:
Entity: San Bernardino Council of Governments Packet Pg. 117 Attachment 1 12.a
San Bernardino County Transportation Authority (SBCTA)/San Bernardino Council of Governments (SBCOG) Grant Activity Summary March 2016 – March 2019 (3 years)
Total grants awarded: $ 29,294,431 Consultant Cost to Date: $ 291,812* Total grants submitted: $ 59,519,948 Return on Investment: $ 100 : $1 *Less cost for Workshops 1. Competitive Grants Awarded Granting Agency/Funding Source Project/Match/Partners (if any) Grant Request
1.1 2016 SCAG Sustainability Planning Grant (Funding San Bernardino County Regional Greenhouse Gas Reduction Plan $150,000 Sources: combination of federal, state and local sources) Update. Match: $50k cash. Partners: 22 local jurisdictions.
1.2 2016 SCAG Sustainability Planning Grant (Funding Redlands Rail Accessibility Plan. Match: $30k cash; $20k in-kind. $200,000 Sources: combination of federal, state and local sources) Partners: San Bernardino; Redlands; Community Vital Signs; SB DPH.
1.3 2016 SCAG Sustainability Planning Grant (Funding Story Maps. Match: $10k in-kind. $50,000 Sources: combination of federal, state and local sources) Partners: Community Vital Signs; SBC DPH.
1.4 2016 SCAG Sustainability Planning Grant (Funding Morongo Basin Active Transportation Plan. Match: $4k in-kind. (SBCTA $200,000 Sources: combination of federal, state and local sources) paid for grant writing). Applicant: County of San Bernardino (for Twentynine Palms; Yucca Valley; Joshua Tree; Morongo Valley).
1.5 2017 CEC Zero-Emission Vehicle Regional Readiness and San Bernardino Countywide Zev Readiness and Implementation Plan. $181,000 Planning Solicitation (Funding Source: California Energy Match: $69,900 in-kind. No funding partners. Commission)
1.6 2017 CEC Local Challenge Grant (Funding Source: Sub-Regional Greenhouse Gas Reduction Plan Update. Match: none $250,000 American Recovery and Reinvestment Act of 2009) required. Partners: Needles, Victor Valley, Barstow, Hesperia, Adelanto, Big Bear, Yucca Valley, Twentynine Palms
1.7 2017 Caltrans SB1 Sustainable Transportation Planning Comprehensive Pedestrian Sidewalk Connectivity Plan. Match: $77,737 $600,000 Grant (Funding Source: SB1-state) in-kind. Attachment: Attachment 1 3 20 19 (5720 : Grant Writing Consultant Contract Request for Proposals)
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1. Competitive Grants Awarded Granting Agency/Funding Source Project/Match/Partners (if any) Grant Request 1.8 2017 Caltrans SB1 Adaptation Planning Grant (Funding Regional Climate Adaptation Toolkit for Transportation Infrastructure. $683,431 Source: SB1-state) Match: $88,546, in-kind. Partners: WRCOG.
1.9 2018 SGC Affordable Housing and Sustainable B&A assisted National Core with two projects: $20,000,000 Communities (AHSC) Grant. (Funding Source: SGC) 1) Arrowhead Grove (San Bernardino). Recommended for $20 million award 2) Ontario Virginia-Holt (Ontario) – won for TCC.
1.10 2018 SBCTA Metrolink Active Transportation Program To fund bicycle and pedestrian accessibility improvements near five $6,980,000 (ATP) Cycle 4 (Funding Source: California Transportation Metrolink transit stations in the cities of Montclair, Upland, Rancho Commission/California Department of Transportation) Cucamonga, Fontana and San Bernardino. ($851k match)
Total Competitive Funding Awarded $29,294,431
2. Competitive Grants Awaiting Award Granting Agency/Funding Source Project/Match/Partners (if any) Grant Request
2.1 2018 SCAG Sustainable Communities Program (Funding San Bernardino County Regional SB 743 Tool Kit Technical Source: SCAG) Assistance
2.2 2018 Active Transportation Program (ATP) Cycle 4 To extend the county-wide SRTS Education, Encouragement, Evaluation $1,053,000 (Funding Source: California Transportation and Enforcement Program to an additional 31 schools. (partnering with Commission/California Department of Transportation) San Bernardino County Department of Public Health (SBCDPH). No match.
2.3 2018 SCAQMD Air Pollution Control Projects that GOCVB submitted application to purchase 12 ZEV airport shuttles and $11,033,544 Reduce/Mitigate Emissions/Toxic Exposure (Funding install an electric charging infrastructure to replace 86 gas-powered Source: South Coast Air Quality Management District) hotel shuttles currently in operation.
2.4 2019 WCB Regional Conservation Investment Strategy San Bernardino County Regional Conservation Investment Strategy $280,750 Grant (Funding Source: Prop 68) (SBC RCIS) (complete Draft to Final)
Total Competitive Funding Awaiting Award $12,367,294
Attachment: Attachment 1 3 20 19 (5720 : Grant Writing Consultant Contract Request for Proposals)
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3. Competitive Grants Under Development Granting Agency/Funding Source Project/Match/Partners (if any) Grant Request
3.1 BSCC Youth Reinvestment Grant Program (Funding Young Visionaries youth Leadership Academy (NGO)/Lead Agency: City $1,000,000 Source: federal) – Due 3/29/19 of San Bernardino
Total Grants Under Development $1,000,000
4. Competitive Grants Denied Granting Agency/Funding Source Project/Match/Partners (if any) Grant Request
4.1 2018 FTA Low or No Emission Grant Program (Funding Omnitrans application to fund purchase of two 60-ft ZEV buses for $2,300,000 Source: Federal Transit Administration) West Valley Connector service.
4.2 2017 CNRA Urban Greening (Funding Source: state) County application to extend the San Sevaine Trail (match: $780k). $6,200,000
4.3 2018 WCB Climate Adaptation and Resiliency Program Focal Species Climate Adaptation Plan. Will become an element of the $200,000 (Funding Source: Greenhouse Gas Reduction Fund (GGRF)) larger RCIS planning effort by SBCTA, SCAG and County. Match: $222k.
4.4 2017 SCAG Sustainability Planning Grant (Funding Public-Private Initiatives for Housing. Match: $30k in-kind. Partners: $200,000 Sources: combination of federal, state and local sources) BIA; SCE; EPRI; Fontana; Ontario; iMortgage.
4.5 2017 SCAG Sustainability Planning Grant (Funding Regional Conservation Investment Strategy. Match: $225k cash. $200,000 Sources: combination of federal, state and local sources) Partners: SBC Land Use Services; Endangered Habitats League; Natural Resources Defense Council.
4.6 2017 SGC Affordable Housing and Sustainable Metrolink Station Bike/Ped Access Project. Match: $4,679,000 (from $6,598,973 Communities Program FINAL Proposal (Funding Source: previous ATP win). Greenhouse Gas Reduction Fund—Cap-and-Trade)
4.7 2016 CTC/Caltrans Active Transportation Program - Cycle San Bernardino County SRTS Program (NI). Match: $410k. Applicant: $1,590,000 3 (Funding Sources: Federal TAP; CA Dept of Parks and SBC DPH (SBCTA paid for grant writing). This application was Recreation; Federal HSIP; State Highway Account) subsequently rescoped and funded from two different entities.
Total Grants Denied $17,288,973 Attachment: Attachment 1 3 20 19 (5720 : Grant Writing Consultant Contract Request for Proposals)
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5. Other Blais & Associates Activities
5.1 Conducted Needs Assessment Interviews on 4/18/16 with department heads from Finance, Management Services, Legislative and Public Affairs, Project Delivery, Transit, Fund Administration and Programming, Air Quality & Mobility and Council of Governments. Developed Needs Assessment Report with over 35 potential grant opportunities addressing SBCTA/SBCOG identified project needs.
5.2 Prepared 2016 ATP Grant Application Workshop Presentation and coordinated with agency partners to present application details, best practices, and tips for successful applications to over 25 cities at workshop on 5/25/16. Partner Presenters: SBCTA/SBCOG; SCAG; Demi Espinoza, SRTS; City of Ontario; IEBA; Caltrans; SB DPH.
5.3 Prepared 2018 ATP Grant Application Workshop Presentation and coordinated with agency partners to present application details, best practices, and tips for successful applications to over 25 cities at workshop on 5/24/18. Partner Presenters: SBCTA/SBCOG; SCAG; Demi Espinoza, SRTS; IEBA; Caltrans; SB DPH.
5.4 Developed 2016 Grant Writing Workshop Presentation and presented to over 20 San Bernardino cities and transportation agencies on 10/16/16. Topic areas included overviews of granting agencies (federal, state, regional and foundations); grants by department (planning/economic development; public works; parks & recreation & library; water/wastewater; public safety; and transit); tips for grant success; and one-on-one assistance.
5.5 Developed 2017 Grant Writing Workshop Presentation and presented to over 20 San Bernardino cities and transportation agencies on 10/26/17. Topic areas included overviews of granting agencies (federal, state, regional and foundations); grants by department (planning/economic development; public works; parks & recreation & library; water/wastewater; public safety; and transit); tips for grant success; and one-on-one assistance.
5.5 Developed 2018 Grant Writing Workshop Presentation and presented to over 15 San Bernardino cities and transportation agencies on 10/30/18. Topic areas included overviews of grants on the horizon (federal, state, regional and foundations); how to evaluate grant guidelines; how to pre-score your project; grant administration (Caltrans); and one-on-one assistance.
5.6 Tracked federal and state funding announcements weekly and developed over 100 Fact Sheets on grant opportunities for staff consideration that were in accordance with SBCTA’s project priorities. Updated Grant Activity Reports and reviewed with SBCTA monthly to ensure all relevant grant opportunities were evaluated and shared with appropriate staff. Provided additional research and application assistance as requested.
Attachment: Attachment 1 3 20 19 (5720 : Grant Writing Consultant Contract Request for Proposals)
7545 Irvine Center Drive Irvine Business Center, Suite 200 Irvine, CA 92618 Packet Pg. 121 Phone (949) 589-6338 www.blaisassoc.com 12.b
RFP19-1002152 ATTACHMENT “A” “SCOPE OF WORK”
GRANT WRITING CONSULTANT SERVICES: The Grant Writing Consultant shall serve as the grant consultant for the San Bernardino County Transportation Authority and the Council of Governments, attend Board and Committee meetings as requested, interface with SBCTA/SBCOG staff, interface with member agency staff, keep SBCTA/SBCOG aware of requirements and opportunities regarding on-going and new grant programs, write grant applications as requested, and monitor grant compliance as requested. Grant services are required in a variety of areas including, but not limited to, transportation, infrastructure, rail, public health, energy efficiency, air quality, planning, economic development, and public safety. Additionally, services may include, but are not limited to submitting grant applications and assisting in the administration of funding received. General and On-going Services Needed: 1. Grant Writing – The consultant may be required to seek grant funding for specific projects or programs as requested by SBCTA/SBCOG. Upon identification and analysis of grant programs/funding, the consultant may be required to assist SBCTA/SBCOG staff in the preparation of grant applications and/or complete and submit grant applications on behalf of the CTA/COG. SBCTA/SBCOG may request grant applications to be submitted to the Federal, State, Local, and other funding agencies. SBCTA/SBCOG may request the consultant to track progress of submitted grant applications and request support from legislators and agencies in an effort to secure funding. Develop timelines and checklists for identified grants to ensure timely grant completion and submission. In coordination with SBCTA/SBCOG staff, compose grant proposals, including budget, concept plans, and other necessary items for grant submittals. Assist SBCTA/SBCOG staff in ensuring compliance with all applicable grant rules and regulations. 2. Grant Administration – In the event that a grant application is prepared, submitted, and funded, the consultant may be required to implement and/or provide grant administration assistance for specific projects or programs. Grant administration assistance may include implementation of a program, preparation of required reports, cash draw down requests, progress reports, and clearing special conditions as identified by the funding agency. 3. Deliverables – Deliverables will be determined on a case-by-case basis depending on the services requested by SBCTA/SBCOG. Deliverables may include, but are not
limited to, funding availability reports, work progress reports, monthly and Attachment: RFP19-1002152 - Attachment A Scope of Work (5720 : Grant Writing Consultant Contract Request for Proposals) quarterly grant reports, completed grant applications and supporting
RFP19-1002152 Scope of Work Page 1 of 2 Packet Pg. 122 12.b
documentation, attending meetings, and making presentations before SBCTA/SBCOG staff and Board of Directors. 4. Ongoing Grant Research – The consultant is required to inform SBCTA/SBCOG staff of any grant opportunities that are appropriate for SBCTA/SBCOG projects, programs, or services. This will include State, Federal, local and any other opportunities for funding from other non-profits/foundations. A report with the eligibility requirements, past success rates and example projects should be submitted to SBCTA/SBCOG staff for determination with each grant opportunity. 5. Other Services – The consultant may be required to complete awards applications and write other proposals as asked by SBCTA/SBCOG staff. Any additional services that the consultant believes may be appropriate or necessary for the successful completion of these services should be identified in the Request For Proposal, but described and listed as proposed additional services. The Consultant will perform these services under the direction of SBCTA/SBCOG staff. Specific Services Needed in Addition to Grant Writing and Support: 1. Conduct a needs assessment of SBCTA/SBCOG to gain an understanding of the program and funding needs of the agency. 2. Conduct 2 workshops per fiscal year for SBCTA/SBCOG and its member agencies on topics related to grant funding opportunities and successful grant writing.
Attachment: RFP19-1002152 - Attachment A Scope of Work (5720 : Grant Writing Consultant Contract Request for Proposals)
RFP19-1002152 Scope of Work Page 2 of 2 Packet Pg. 123 13
Minute Action
AGENDA ITEM: 13 Date: May 1, 2019 Subject: Transit and Specialized Transportation Planning Services Recommendation: That the Board, acting as the San Bernardino County Transportation Authority: Approve Contract No. 19-1001998 with AMMA Transit Planning for Transit and Specialized Transportation Services in a not-to-exceed amount of $480,000 for three years with two one-year options. Background: On January 7, 2019, the Executive Director authorized the advertisement of Request for Proposals (RFP) No. 19-1001998 for transit and specialized transportation planning services. Transit and specialized transportation planning services encompasses tasks that the San Bernardino County Transportation Authority (SBCTA) must complete as the transportation commission. These items include but are not limited to unmet needs hearings, short range transit plans for small operators, the Human Services Transportation Coordination Plan for San Bernardino County, Title VI preparation for five operators and SBCTA, and leading the Public and Specialized Transit Advisory and Coordination Council. The RFP was sent electronically to approximately 268 consultants registered on Planet Bids. The solicitation was issued in accordance with current SBCTA policies and procedures for procurement of professional services.
The anticipated budget for this procurement, based on the Independent Cost Estimate submitted, was $480,000 for three years and is funded by Transportation Development Act (TDA) funds. One proposal was received by the date and time specified in the RFP. A responsiveness review was conducted by the Procurement Analyst, who found the proposal to be responsive. Fifty-three firms downloaded the RFP from PlanetBids: two of the teams were working together on a proposal, a few marked themselves as non-bidders and others were plan room/advertisers. The Procurement Analyst contacted the remaining 43 firms that downloaded the RFP but did not submit a proposal to find out the reason they did not submit. Out of the 43 contacted, 13 have responded. Ten of the firms indicated they do not do this type of work; two firms did not have any local staff to work on the project; and one firm said they have not been successful in past proposals with SBCTA, so they have not bid on SBCTA projects in a while.
On February 14, 2019, the one proposal was disseminated to all evaluation committee members. A copy of the Score Sheets and the Declaration of Impartiality and Confidentiality form were also distributed to the evaluation committee members. The evaluation committee was comprised of two SBCTA staff members and one representative from Morongo Basin Transit Authority.
The evaluation committee members met on February 26, 2019, to discuss the proposal according to the evaluation criteria, including the proposal’s strengths and weaknesses. Additionally, AMMA Transit Planning gave a presentation to the evaluation committee members in conjunction with their proposal. The proposal and presentation strengths included: a detailed and expansive work plan; a work plan that was consistent with the RFP scope of work Entity: San Bernardino County Transportation Authority Packet Pg. 124 13 Board of Directors Agenda Item May 1, 2019 Page 2
(Attachment A); staff with relevant experience; and the proposal was easy to read and follow. The evaluation committee did not find any weaknesses within the proposal.
The evaluation committee recommends that the contract to perform the scope of work as outlined in the RFP No. 19-1001998 be awarded to AMMA Transit Planning. The firm clearly demonstrated a thorough understanding of the scope of work and proposed an overall solid team. Staff is requesting approval to award Contract No. 19-1001998 to AMMA Transit Planning in a not-to-exceed amount of $480,000 for three years, with two one-year options, to be funded with TDA Local Transportation Fund (LTF) administrative and planning funds. Financial Impact: This item is consistent with SBCTA Fiscal Year 2018/2019 budget. Reviewed By: This item was reviewed and unanimously recommended for approval by the Transit Committee on April 11, 2019. SBCTA’s General Counsel, Procurement Manager and Risk Manager have reviewed this item and the draft contract. Responsible Staff: Andrea Zureick, Director of Fund Administration
Approved Board of Directors Date: May 1, 2019 Witnessed By:
San Bernardino County Transportation Authority Packet Pg. 125 Contract Summary Sheet 13.a General Contract Information
Contract No: 19-1001998 Amendment No.: Sole Source? No
Vendor No.: 00130 Vendor/Customer Name: AMMA Transit Planning
Description: Transit and Specialized Transit Planning
Estimated Start Date: 07/01/2019 Expiration Date: 06/30/2022 Revised Expiration Date:
List Any SBCTA Related Contracts Nos.: Dollar Amount Original Contract $ 480,000.00 Original Contingency $ - Prior Amendments $ - Prior Amendments $ - Current Amendment $ - Current Amendment $ - Total/Revised Contract Value $ 480,000.00 Total Contingency Value $ - Total Dollar Authority (Contract Value and Contingency) $ 480,000.00 Contract Authorization Board of Directors Date: 05/01/2019 Board Item # 5722
Contract Management (Internal Purposes Only)
Payable Other Contracts N/A Accounts Payable Total Contract Funding: $ 480,000.00 Total Contingency: $ -
GL: 1030 30 0309 0309 52001 41200000 216,000.00 GL: - GL: 1035 30 0309 0309 52001 41200000 264,000.00 GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: -
Accounts Receivable Total Contract Funding: $ -
Funding Agreement No: Reversion Date:
GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: - GL: -
Nancy Strickert Andrea Zureick Project Manager (Print Name) Task Manager (Print Name) Attachment: Contract Summary Sheet 19 1001998 (5722 : Transit and Specialized Transportation Planning Services) Additional Notes:
Form 200 05/2018 Packet Pg.1/1 126 13.b Attachment A
Exhibit A Scope of work:
1. Consultant Services – The Consultant shall be responsible for supporting SBCTA’s public and specialized transportation planning efforts including the following:
a. Providing support to the Public and Specialized Transit Advisory and Coordinating Council, including preparing and mailing/distribution of meeting agenda notices and providing support materials and services.
b. Collect data from transit operators and non-profits to create an Annual Countywide Performance Report.
c. Assist in conducting the annual Transportation Development Act Unmet Transit Needs Public Hearings, including mailing of hearing notices, attending hearings, summarizing testimony received and developing responses to the testimony, notifying those testifying of the responses and when the formal findings will be adopted, and coordinating with SBCTA in preparing the annual submittal of the Unmet Transit Needs Public Hearing process to the State.
d. Distribute information to eligible agencies for the Federal Transit Administration (FTA) Section 5310 Capital Grant Program, assist potential applicants, convene the Local Review Panel to review and score applications, develop a list of projects recommended for approval and programming by the Board of Directors.
e. Provide technical assistance for Title VI to SBCTA’s transit providers and non-profits.
f. Provide technical assistance and documentation for SBCTA’s Civil Rights Program. This will include Title VI, Disadvantaged Business Enterprise Program (DBE) and Equal Employment Opportunity Program to ensure on an ongoing basis that the agency is meeting all requirements under all local, state and federal laws, specifically to the FTA.
g. Provide technical assistance to public and specialized transit operators with respect to the implementation of the Americans with Disabilities Act to ensure compliance, monitor legal issues and proposed regulatory changes.
h. Coordinate and represent SBCTA with state and national specialized transit organizations.
i. Assist in the development of services and/or programs recommended in the Public Transit/Human Services Transportation Coordination Plan, including the review of competitively sought proposals for the recommended services and/or programs.
j. Provide technical assistance with Short Range Transit Plans to public and specialized transit operators as requested by SBCTA.
k. Monitor transit and specialized transit initiatives including training for general public and human services providers. Attachment: Attachment A Scope of Work Final (5722 : Transit and Specialized Transportation Planning Services)
l. Provide general technical assistance to public and specialized transit operators as requested by SBCTA.
Packet Pg. 127 14
Minute Action
AGENDA ITEM: 14 Date: May 1, 2019 Subject: 2019 Update to the 10-Year Delivery Plan - Valley Highway Programs Recommendation: Receive report on the planned update to the 10-Year Delivery Plan for the Valley Freeway Projects Program, Freeway Interchange Projects Program, and Valley Major Streets Program. Background: The Strategic Plan serves as the policy manual for the delivery of Measure I Programs by the San Bernardino County Transportation Authority (SBCTA) and its member agencies for the 30-year life of the Measure. The Strategic Plan addresses significant policy, fiscal, and institutional issues associated with the administration and implementation of Measure I, including managing the different goals and priorities among the Valley, Victor Valley, and Rural Mountain/Desert Subareas of the County. One of the key requirements of the Strategic Plan was the preparation of a 10-Year Delivery Plan for Measure I Programs.
The Board adopted the first Measure I 2010-2040 10-Year Delivery Plan in January 2012. The Delivery Plan provides a list of projects to be developed during a ten-year period and identifies project scopes, schedules, and budgets. Additionally, it provides a basis for the development of the annual budget for capital projects. The Delivery Plan is a living document that is updated every two years in order to capture revisions to the projects and assumptions in the plan, actual Measure I revenue figures, and relevant Board actions. Staff anticipates providing the 2019 Update in its entirety for review at the May Metro Valley Study Session and Mountain/Desert Policy Committee meetings and for approval by the Board of Directors in June.
Valley Freeway Projects Program In accordance with the Measure I 2010-2040 Ordinance and Expenditure Plan, 29% of the Measure I revenue collected in the Valley Subarea funds the Valley Freeway Projects Program, which for Fiscal Year 2019/2020 is estimated to be about $40.8 million. The 2017 Update to the 10-Year Delivery Plan included estimated Freeway Program project costs over the ten-year period of $2.7 billion with $922 million coming from Measure I, $1 billion from toll revenues, and the balance from State and Federal funds.
Since the adoption of the 2017 Update, the express lanes alternative was selected as the preferred alternative for the Interstate 10 (I-10) Corridor. SBCTA has awarded a design-build contract for the I-10 Corridor Contract 1 Project, which provides for two express lanes in each direction from the Los Angeles County Line to Interstate 15 (I-15). A Transportation Infrastructure Finance and Innovation Act (TIFIA) loan is expected to be secured in April 2019 for the project, and $314 million in SB 1 grant funding and contributions for additional scopes of work requested by local agencies and Caltrans were added to the project, offsetting the cost increases seen. As the I- 10 Corridor Contract 1 project moves into construction, SBCTA has evaluated options for the next express lanes project to be developed for construction. Significant construction cost increases over the last several years has led to a sequenced approach to construction on I-10 and I-15. The south segment of I-15, which would connect with the I-15 express lanes in Riverside Entity: San Bernardino County Transportation Authority Packet Pg. 128 14 Board of Directors Agenda Item May 1, 2019 Page 2
County currently under construction, would continue to a terminus just north of I-10, was determined to be the most feasible project to follow the I-10 Corridor Contract 1 Project. The next segment on I-10 would then begin construction approximately three years after the initial I- 10 Corridor Contract 1 express lanes open to traffic. By constructing where the demand is currently greatest on I-10 and I-15, SBCTA will potentially be able to leverage toll revenue for the financing of the next projects, with the timing driven by the actual demand experienced on each corridor.
The table below provides an overview of the projects that have been identified for development in the 2019 Update and the current project status relative to the project scheduling and total project cost forecasts identified in the 2017 Update:
Table 1. Valley Freeway Projects Program Delivery Plan Project Status Project Schedule Cost Phase I-215 Bi-County (Gap Closure) N/A N/A Complete I-215 Bi-County Landscaping (Gap Closure) √ +3M Landscape I-215/Barton Road IC +1 yr +8M CON SR 210 Widening +2 yr +38M ROW I-10 Corridor Contract 1 +1 yr +303M Design-Build I-15 Corridor Contract 1* +1 yr -120M PS&E I-10 Corridor Contract 2A* +5 yr -505M Proj Develop I-10 Truck Climbing Lane +1 yr -4M PA/ED I-215/Mount Vernon/Washington Bridge √ √ ROW * Cost change is relative to larger project scope identified in 2017 Update
Valley Freeway Interchange Projects Program In accordance with the Measure I 2010-2040 Ordinance and Expenditure Plan, 11% of the Measure I revenue collected in the Valley Subarea funds the Valley Freeway Interchange Program, which for Fiscal Year 2019/2020 is estimated to be about $15.5 million. The 2017 Update to the 10-Year Delivery Plan included estimated Interchange Program project costs over the ten-year period of $386 million with $228 million coming from Measure I, $91 million from local funds, and the balance from State and Federal funds. Approval of that Update included construction of all of the ten highest priority interchanges. Additionally, the Board approved an exception to policy to allow the lower-ranked I-10/Pepper Interchange to proceed with the majority of funding coming from a Federal earmark. In addition to the top ten interchanges, several Tier 2 interchanges were added to the delivery plan in the 2017 Update as a result of the on-going development of the I-10 Corridor Contract 1 project, which will result in improvements to the I-10/Monte Vista, I-10/Euclid, and I-10/Vineyard Interchanges, and a $40 million reserve was established for the Interchange Phasing Program. No changes are proposed to the project list for the 2019 Update.
The table below provides an overview of the current project status relative to the project scheduling and total project cost forecasts identified in the 2017 Update: San Bernardino County Transportation Authority Packet Pg. 129 14 Board of Directors Agenda Item May 1, 2019 Page 3
Table 2. Valley Freeway Interchange Projects Program Delivery Plan Project Status
Project Schedule Cost Phase I-10/Pepper Avenue IC N/A N/A Complete I-10/Cedar Avenue IC +2 yr +39M PS&E SR 210/Base Line IC +2 yr +6M ROW SR 60/Central Avenue IC +1 yr +10M PS&E and ROW I-10/University Street IC +1 yr √ PS&E I-215/University Parkway IC +2 yr +9M PA/ED I-10/Alabama Street IC √ +5M PS&E SR 60/Archibald Avenue IC √ +10M PS&E and ROW I-10/Mount Vernon Avenue IC +1 yr +16M PA/ED I-10/Riverside Avenue IC Phase 2* TBD TBD TBD I-15/Base Line Road IC - AEA N/A N/A AEA SR 60/Euclid Avenue IC - AEA N/A N/A AEA I-15/Sierra Avenue IC - AEA N/A N/A AEA I-10/Euclid Avenue IC** +1 yr √ Design-Build I-10/Monte Vista Avenue IC** +1 yr -4M Design-Build I-10/Vineyard Avenue IC** +1 yr √ Design-Build Interchange Phasing Program N/A N/A N/A * City-led project - awaiting update from City of Rialto ** Project costs are included in the I-10 Corridor Contract 1 project.
As is typically the case, projects have experienced some delays in progress towards construction and the funding picture has changed since the 2017 Update, with significant estimated cost increases in several interchanges. The 2017 Update indicated the need to bond for $100 million through 2024 to construct projects through 2024. With the cost increases shown above, the bonding need is more significant, and while still undergoing analysis, keeping the projects on schedule could have implications to the interchange phasing program until after the priority interchanges are completed.
Valley Major Streets Program In accordance with the Measure I 2010-2040 Ordinance and Expenditure Plan, 20% of the Measure I revenue collected in the Valley Subarea funds the Valley Major Streets Projects Program, of which the grade separation sub-program receives 20% and the arterial sub-program receives 80%. For Fiscal Year 2019/2020 the total Valley Major Streets Program revenue is estimated to be about $283 million. The 2017 Update to the 10-Year Delivery Plan included estimated Grade Separation Program project costs over the ten-year period of $155 million with $44 million coming from Measure I, $25 million from local funds, and the balance from State and Federal funds. Since the 2017 Update, SBCTA has taken the lead agency status for two projects in the Arterial Program that will be included in the 2019 Update. The Mount Vernon Avenue Viaduct Project will reconstruct the Mount Vernon Avenue bridge over the San Bernardino County Transportation Authority Packet Pg. 130 14 Board of Directors Agenda Item May 1, 2019 Page 4
BNSF Railway intermodal yard in San Bernardino, and the 4th Street bridge at I-10 in Ontario will be reconstructed as part of the I-10 Corridor Contract 1 Project.
The table below provides an overview of the current project status relative to the project scheduling and total project cost forecasts identified in the 2017 Update:
Table 3. Valley Major Streets Program Delivery Plan Project Status
Project Schedule Cost Phase North Vineyard Avenue Grade Separation (UP) N/A N/A Complete South Milliken Avenue Grade Separation (UP) N/A N/A Complete Monte Vista Avenue Grade Separation (UP) +1 yr -2M CON Mount Vernon Viaduct N/A N/A Procurement I-10 at 4th Street Bridge N/A N/A Design-Build
Revenue Forecast The 2017 Delivery Plan assumed that revenue would be increasing at 3.3% per year through the ten-year period and then 3.8% through 2040. The proposed inflation and real growth rate for the 2019 Update is between 3.3% and 3.6% through 2029 and then between 3.0% and 3.5% through 2040 based on a study completed in December 2018 by the University of California, Riverside School of Business. Because the 2019 Update starts with a lower base value as a result of slightly lower revenue than forecast in the interim years and lower rates going forward, the cumulative collections are less than those in the 2017 Update, decreasing the $6.8 billion total revenue in the 2017 Update to $6.5 billion projected in the 2019 Update. A comparison of the forecasts in the 2017 Update to those in the 2019 Update is presented in Tables 4, 5, and 6.
Table 4. Valley Freeway Projects Program Revenue Comparison 2017 Update vs 2019 Update (1,000s)
Period 2017 Update 2019 Update Change FY2010/2011 - 2018/2019 $311,045 $310,004 -$1,041 FY2019/2020 - 2028/2029 $481,276 $475,600 -$5,676 FY2010/2011 - 2039/2040 $1,559,137 $1,517,938 -$41,199
Table 5. Valley Freeway Interchange Projects Program Revenue Comparison 2017 Update vs 2019 Update (1,000s)
Period 2017 Update 2019 Update Change FY2010/2011 - 2018/2019 $117,983 $117,588 -$395 FY2019/2020 - 2028/2029 $182,553 $180,400 -$2,153 FY2010/2011 - 2039/2040 $591,397 $575,770 -$15,627
San Bernardino County Transportation Authority Packet Pg. 131 14 Board of Directors Agenda Item May 1, 2019 Page 5
Table 6. Valley Major Streets Program Revenue Comparison 2017 Update vs 2019 Update (1,000s)
Period 2017 Update 2019 Update Change FY2010/2011 - 2018/2019 $214,514 $213,796 -$718 FY2019/2020 - 2028/2029 $286,421 $283,021 -$3,400 FY2010/2011 - 2039/2040 $950,448 $926,116 -$21,332
Bonding Analysis The bonding analysis for the 2019 Update is being developed with the following criteria: Minimum agency-wide debt coverage ratio: 2.0 Individual programs must have a positive cash flow over the term of the bond. Bond interest rate: 5% Latest bond issuance: still under analysis
As in previous Delivery Plans there will be a need to bond for both the Valley Freeway Projects Program and the Valley Freeway Interchange Projects Program. Staff is anticipating the need to bond beginning in Fiscal Year 2020/2021 and will recommend short-term financing or cash flow borrowing between Measure I Programs where possible to minimize bond costs. As mentioned previously, further refinement of the Valley Freeway Interchange Projects Program may be required as the bond analysis is developed. The majority of Grade Separation Program funding is dedicated to debt service on prior bond issuances. Financial Impact: This item is consistent with the Fiscal Year 2018/2019 Budget. Reviewed By: This item was received by the Board of Directors Metro Valley Study Session on April 11, 2019. Responsible Staff: Andrea Zureick, Director of Fund Administration
Approved Board of Directors Date: May 1, 2019 Witnessed By:
San Bernardino County Transportation Authority Packet Pg. 132 15
Minute Action
AGENDA ITEM: 15 Date: May 1, 2019 Subject: 2019 Update to the 10-Year Delivery Plan - Valley Transit Programs Recommendation: Receive report on the planned update to the 10-Year Delivery Plan for the San Bernardino Valley Metrolink/Rail Service Program and San Bernardino Valley Express Bus/Bus Rapid Transit Service Program. Background: The Strategic Plan serves as the policy manual for the delivery of Measure I Programs by the San Bernardino County Transportation Authority (SBCTA) and its member agencies for the 30-year life of the Measure. The Strategic Plan addresses significant policy, fiscal and institutional issues associated with the administration and implementation of Measure I; including managing the different goals and priorities among the Valley, Victor Valley and Rural Mountain/Desert Subareas of the County. One of the key requirements of the Strategic Plan was the preparation of a 10-Year Delivery Plan for Measure I Programs.
The Board adopted the first Measure I 2010-2040 10-Year Delivery Plan in January 2012. The Delivery Plan provides a list of projects to be developed during a ten-year period and identifies project scopes, schedules and budgets. Additionally, it provides a basis for the development of the annual budget for capital projects. The Delivery Plan is a living document that is updated every two years in order to capture revisions to the projects and assumptions in the plan, actual Measure I revenue figures, and relevant Board actions. Staff anticipates providing the 2019 Update in its entirety for review at the May Metro Valley Study Session and Mountain/Desert Policy Committee meetings and for approval by the Board of Directors in June.
Valley Metrolink/Rail Service Program
In accordance with the Measure I 2010-2040 Ordinance and Expenditure Plan, 8% of the Measure I revenue collected in the Valley Subarea funds the Valley Metrolink/Rail Service Program, which for Fiscal Year 2019/2020 is estimated to be about $11.2 million. The Measure I Expenditure Plan and Strategic Plan identify increased service on the Metrolink line and facility improvements necessary for increased service for San Bernardino County, the purchase of expansion commuter rail passenger cars and locomotives, the Redlands Passenger Rail Project, and Gold Line Extension to Montclair as projects to be funded from this program. The 2017 Update to the 10-Year Delivery Plan included estimated Metrolink/Rail Service Program project and operations costs over the ten-year period of $615 million for the following projects:
Downtown San Bernardino Rail - $122.9M Redlands Passenger Rail - $345M ($285.5M capital/$59.5M operating) San Bernardino Line Double Track - $73.9M Gold Line to Montclair - $73.6M ($70.4M capital/$3.2M operating)
Entity: San Bernardino County Transportation Authority Packet Pg. 133 15 Board of Directors Agenda Item May 1, 2019 Page 2
The projects and operations were funded with $196 million from Measure I, $203 million from local funds, $13 million from anticipated fare revenues and the balance from State and Federal funds. Since approval of the 2017 Update, construction was completed and service began on the Metrolink extension to downtown San Bernardino; construction has commenced on the Redlands Passenger Rail Project; and construction bids were received by the Gold Line Authority for the Gold Line extension to Montclair.
Along with the implementation of the Redlands Passenger Rail Project, SBCTA recognized an opportunity for alternative propulsion technology in an effort to produce a zero or low emission multiple unit (ZEMU) vehicle that could run on existing heavy rail infrastructure thus reducing greenhouse gas emissions and improving air quality while maximizing the use of our existing rail infrastructure. SBCTA was successful in securing a $30 million Transit and Intercity Rail Capital Program (TIRCP) grant to conduct the research and development efforts necessary to convert diesel multiple unit (DMU) rail vehicles to ZEMU vehicles, purchase a converted vehicle, construct the necessary infrastructure to support the alternative propulsion technology, and test the converted vehicle on the Arrow service corridor.
The 2019 Update to the 10-Year Delivery Plan will include the current construction estimates and schedules for all four of these remaining projects, although the San Bernardino Line Double Track Project will continue to be listed as unfunded past preliminary engineering, and the Gold Line extension to Montclair will be dependent on the ability of the Los Angeles County Metropolitan Transportation Authority (Metro) to identify funding to extend the Gold Line to the San Bernardino County line. The table below provides an overview of the projects that have been identified for development in the 2019 Update and the current project status relative to the project scheduling and total project cost forecasts identified in the 2017 Update:
Table 1. Valley Metrolink/Rail Service Program Delivery Plan Project Status
Project Schedule Capital Cost Phase Downtown San Bernardino Rail N/A N/A Complete Redlands Passenger Rail Project +1 yr +70M CON San Bernardino Line Double Track* +2 yr +1M On hold – pending funding Gold Line to Montclair +2.5 yr +25M Design-Build, L.A. County** DMU to ZEMU N/A N/A Research & Development *PA/ED complete - funding not identified past PA/ED **Pending Metro identifying funds to complete to L.A./S.B. County Line
Although Redlands Passenger Rail Project costs have increased since initial estimates, the project has received over $82 million in SB 1 funding, including $75 million from SB 1 competitive programs, namely $65 million from the Solutions for Congested Corridors Program (SCCP) and $10.8 million from the Local Partnership Program (LPP competitive), which offset the assumed Federal Small Starts grant in the 2017 Update. Other State, Federal and local funds have been approved by the Board to offset the balance of the cost increase. Construction of the mainline of the Redlands Passenger Rail Project, consisting of nine miles of new passenger rail line, will start in June 2019.
San Bernardino County Transportation Authority Packet Pg. 134 15 Board of Directors Agenda Item May 1, 2019 Page 3
The Gold Line Extension Project was awarded over $290 million of TIRCP funds in an application submitted by Metro, including $41 million for the portion within San Bernardino County from the Los Angeles County line to Montclair that closed the funding gap identified in the 2017 Update. Although funding for the project was thought to be secured, the design-build bids came in significantly higher than estimated and the project construction is now being phased. Funding for the eastern end of the project to the Los Angeles County/San Bernardino County line has not yet been identified by Metro; therefore, the portion within San Bernardino County is anticipated to be delayed by approximately two and a half years. As part of the phasing plan, Metro has a two-year period to exercise its option to complete the project to the county line under its current construction contract. Due to the increased costs, SBCTA has an estimated $15.2 million funding gap for the San Bernardino County portion of the project. However, SBCTA remains committed to funding its share if Metro is able to find the funding and exercise its option to complete the construction to the county line. If it is determined that the San Bernardino County phase will be constructed, SBCTA will bring funding options before the Board to fully fund the project.
Valley Express Bus/Bus Rapid Transit Service
In accordance with the Measure I 2010-2040 Ordinance and Expenditure Plan, the Valley Express Bus/Bus Rapid Transit Service initially received 2% of revenue collected in the Valley until March 31, 2020. Beginning ten years after initial revenue collection, the Measure I Expenditure Plan requires the SBCTA Board of Directors to increase the amount of Measure I revenue dedicated to the program to at least 5%, but no more than 10%, of the Valley Subarea funding. On January 9, 2019, the Board took action to set the revenue at 5% effective April 1, 2020. Program revenue for Fiscal Year 2019/2020 is estimated to be about $2.8 million.
Just prior to adoption of the 2017 Update, the SBCTA Board designated SBCTA as the lead agency for delivery of the West Valley Connector Project, which included completion of the environmental studies that had been initiated by Omnitrans; as such, the 2017 Update did not contain any project funding or schedule detail. Environmental approval is currently anticipated in December 2019. As project development has continued, the project cost was determined to be significantly higher than the original estimate, and it is projected a relatively large number of riders will be existing riders shifting from existing service rather than new riders, resulting in less new fare revenue and much higher operations and maintenance (O&M) costs than originally considered. Because O&M is expected to be funded by future Measure I revenue, increases to O&M costs require more future Measure I revenue to be reserved, which lowers the bonding capacity of the program for capital costs. The current estimated capital project cost for the project is $286 million with an estimated funding gap of $157 million.
Revenue Forecast for Metrolink/Rail Service and Express Bus/Bus Rapid Transit Service
The 2017 Delivery Plan assumed that revenue would be increasing at 3.3% per year through the ten-year period and then 3.8% through 2040. The proposed inflation and real growth rate for the 2019 Update is between 3.3% and 3.6% through 2029 and then between 3.0% and 3.5% through 2040 based on a study completed in December 2018 by the University of California, Riverside School of Business. Because the 2019 Update starts with a lower base value as a result of slightly lower revenue than forecast in the interim years and lower rates going forward, the San Bernardino County Transportation Authority Packet Pg. 135 15 Board of Directors Agenda Item May 1, 2019 Page 4 cumulative collections are less than those in the 2017 Update, decreasing the $6.8 billion total revenue in the 2017 Update to $6.5 billion projected in the 2019 Update. A comparison of the forecasts in the 2017 Update to those in the 2019 Update is presented in Tables 2 and 3.
Table 2. Valley Metrolink/Rail Service Program Revenue Comparison 2017 Update vs 2019 Update (1,000s) Period 2017 Update 2019 Update Change FY2010/2011 - 2018/2019 $85,805 $85,518 -$287 FY2019/2020 - 2028/2029 $132,766 $131,200 -$1,566 FY2010/2011 - 2039/2040 $430,107 $418,741 -$11,366
Table 3. Valley Express Bus/Bus Rapid Transit Service Program Revenue Comparison 2017 Update vs 2019 Update (1,000s) Period 2017 Update 2019 Update Change FY2010/2011 - 2018/2019 $21,451 $21,380 -$71 FY2019/2020 - 2028/2029 $78,684 $77,780 -$904 FY2010/2011 - 2039/2040 $232,346 $225,424 -$6,922
Bonding Analysis
The bonding analysis for the 2019 Update is being developed with the following criteria: Minimum agency-wide debt coverage ratio: 2.0 Individual programs must have a positive cash flow over the term of the bond. Bond interest rate: 5% Latest bond issuance: still under analysis
As in previous Delivery Plans, there will be a need to bond for the Valley Metrolink/Rail Service Program and, if full funding is found for the West Valley Connector, for the Valley Express Bus/Bus Rapid Transit Service Program. Staff is anticipating the need to bond beginning in Fiscal Year 2020/2021 and will recommend short-term financing or cash flow borrowing between Measure I Programs where possible to minimize bond costs.
It is important to note that although SBCTA will not be responsible for providing on-going O&M for the rail and bus capital projects, the subsidies for these services must come from SBCTA sources. While the Metrolink extension to downtown San Bernardino is part of the Metrolink system and funded through the annual subsidy, separate agreements with multiple agencies are required for the extension to Redlands and for the Gold Line extension. The bonding model is being developed with the assumption that O&M costs incurred for the Gold Line extension and by Southern California Regional Rail Authority will be funded with LTF, which is the current funding source for Metrolink operations, and O&M costs incurred by Omnitrans for rail will be funded with Measure I Metrolink/Rail Service Program Funds, after an initial 5-year contribution of $5 million annually of Congestion Mitigation and Air Quality San Bernardino County Transportation Authority Packet Pg. 136 15 Board of Directors Agenda Item May 1, 2019 Page 5
(CMAQ) funds. CMAQ funds can be used for initial operations of new transit service for up to 5 years, and by Board Policy 40001, CMAQ funds shall be considered as a significant source to fund transit capital projects and start-up operating expenses in accordance with CMAQ criteria. SBCTA continues to identify appropriate funding sources for long-term operations when considering the funding of future capital projects and the sustainability of the fund source. Consequently, funding for certain capital projects, like the West Valley Connector, are dependent on identifying additional capital grants/funding sources while SBCTA first takes into account the Measure I funds available for operations before considering them for capital. Financial Impact: This item is consistent with the adopted Fiscal Year 2018/2019 budget. Reviewed By: This item was received by the Transit Committee on April 11, 2019. Responsible Staff: Andrea Zureick, Director of Fund Administration
Approved Board of Directors Date: May 1, 2019 Witnessed By:
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Minute Action
AGENDA ITEM: 16 Date: May 1, 2019 Subject: State and Federal Legislative Update Recommendation: Receive and file the April 2019 State and Federal Legislative Update. Background: STATE UPDATE The San Bernardino County Transportation Authority (SBCTA) Legislative Ad Hoc Committee recommended the following positions: Assembly Bill (AB) 1402 (Petrie-Norris) / Senate Bill (SB) 152 (Beall) – SUPPORT POSITION These two bills mirror the same issue and proposals, and will likely be merged as they move through the legislative process. Existing law establishes the Active Transportation Program (ATP) in the Department of Transportation (DOT) for the purpose of encouraging increased use of active modes of transportation, such as biking and walking. Existing law requires specified funds for the ATP to be appropriated to the DOT in the annual Budget Act and allocated to eligible projects by the California Transportation Commission (CTC). Existing law requires the CTC to award 50% of available funds to projects statewide, 10% of available funds to projects in small urban and rural regions, and the remaining 40% of available funds to projects by metropolitan planning organizations (MPO), with the funds available for distribution by each MPO based on its relative population. These bills would require that 75% of available funds to be awarded to MPO’s in urban areas with populations greater than 200,000, in proportion to their relative share of the population, 15% to small urban and rural regions with populations of 200,000 or less, competitively awarded to projects in those regions, and 10% to projects competitively awarded on a statewide basis. Additionally, AB 1402 would shift responsibility of granting competitive grants from the CTC to the DOT, while SB 152 leaves that responsibility to the CTC. AB 1402 also specifies that county transportation commissions would craft the guidelines for competitive grants within their respective jurisdictions, while SB 152 leaves development of grant guidelines to the MPO’s. The current distribution formula for ATP, releases 50% based on a competitive statewide grant basis. This favors larger counties due to their ability to devote more resources to the grant process on an annual basis, placing smaller counties at a disadvantage. Increasing the share of funding on a formulaic basis to MPO’s, using population data, is more equitable and will provide mid-size counties, such as San Bernardino, a reliable, on-going source of funding to fund ATP projects throughout the county.
Entity: San Bernardino Council of Governments, San Bernardino County Transportation Authority Packet Pg. 138 16 Board of Directors Agenda Item May 1, 2019 Page 2
Per the SBCTA 2019-2020 State Legislative Platform, the agency supports efforts to enact state policies that assure timely allocation of transportation revenue and allow for regions to advance projects with local funds as needed. AB 1402 and SB 152 are firmly in line with that position. Assembly Bill 1457 (Gomez-Reyes) – SUPPORT POSITION AB 1457 creates the Omnitrans Transit District (OTD) in the County of San Bernardino. The bill would provide that the jurisdiction of the district would initially include the cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa, specified portions of the unincorporated areas of the County of San Bernardino. The bill would authorize other cities in the County of San Bernardino to subsequently join the OTD. The bill would require the OTD to succeed the rights and obligations of the existing Omnitrans Joint Powers Authority (JPA) and would dissolve that authority. The bill would require the transfer of assets from the JPA to the OTD. The bill would provide for a governing board composed of representatives from the governing bodies within the county and would specify voting procedures for the taking of certain actions by the board. The bill would specify the powers and duties of the board and the OTD to operate transit services, and would authorize the OTD to seek voter approval of retail transactions and use tax measures and to issue revenue bonds. In 2018, a review was conducted of the Omnitrans governance structure and risk mitigation options related to Omnitrans’ new role as manager of the contract that will provide the operations and maintenance of the Redlands Passenger Rail Project. 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. On November 7, 2018, the SBCTA Board of Directors approved a Memorandum of Understanding (MOU) with Omnitrans that, should the OTD be established, Omnitrans would give SBCTA six months notice of its intent to request SBCTA approval of a proposed transit district tax ordinance, and SBCTA would consider adoption of a resolution in support of the proposed Omnitrans tax within 60 days of the request. Additionally, within the action to approve the MOU with Omnitrans, the SBCTA Board of Directors directed staff to assist Omnitrans to any extent necessary to secure enactment of the proposed legislation creating Omnitrans as a statutory Transit District. AB 1457 is firmly in line with the direction provided by the SBCTA Board of Directors at the November 7, 2018 meeting. Senate Bill 732 (Allen) – OPPOSE POSITION This bill would authorize the South Coast Air Quality Management District (SCAQMD) Board to impose transactions and use tax within their boundaries, with monies generated from the transactions and use tax be used to supplement existing revenues being used for SCAQMD purposes.
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An ordinance to levy, increase, or extend transactions and use tax may be enacted in the SCAQMD at a rate of 0.25 percent, or a multiple of that percentage not to exceed a maximum of 1 percent, through either of the following: (1) Approval by a majority of vote the SCAQMD Board and placement on the ballot for subsequent approval by the SCAQMD electorate in conformance with other applicable statutory requirements and Article XIII C of the California Constitution. (2) Placement on the ballot by a voter initiative for subsequent approval by the SCAQMD electorate in compliance with other applicable statutory requirements and Article XIII C of the California Constitution. The SCAQMD Board may levy, increase, or extend more than one transactions and use tax. Up to 6.25 percent of the total revenues received may be used for administrative costs in implementing the programs authorized pursuant to this article. For reference, transportation sales taxes, such as Measure I, have a cap of 1% for administrative costs. The U.S. Environmental Protection Agency and California Air Resources Board oversee efforts to reduce mobile sources of air pollution. Nearly 80% of air pollution in the South Coast Basin comes from mobile sources. As SCAQMD only has authority over stationary sources of air pollution, it does not stand to reason that vastly increasing SCAQMD’s budget through a sales and use tax would make significant reductions in overall air pollution levels in the South Coast Basin. Opposition to SB 732 is consistent with the approved SBCTA 2019-2020 State Legislative Platform to oppose any efforts to pass any legislation authorizing a multi-county revenue measure for environmental programs. Assembly Bill 1568 (McCarty) – OPPOSE POSITION The Planning and Zoning law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Housing Element law prescribes requirements for the preparation of the housing element, including a requirement that a planning agency submit a draft of the element or draft amendment to the Department of Housing and Community Development (Department) prior to the adoption of the element or amendment. Existing law requires the Department to review the draft and report its findings, as specified. Existing law also requires the Department, in its written findings, to determine whether the draft substantially complies with the Housing Element law. AB 1568 would authorize the city or county to submit evidence it is no longer in violation of State Law to the Department and to request the Department issue a finding that the city or county is no longer in violation of State Law. If the Department finds that the city or county is no longer in violation of State Law, the bill would require the Department to notify the city or county. The bill would, on or before January 1, 2025, prohibit a city or county found to be in violation of State Law, as described above, from applying for a state grant, unless the eligibility of the city or county to apply for the state grant is constitutionally required or the state grant funds, if awarded to the city or county, would assist the city or county in complying with the Housing Element law. The adopted 2019-2020 State Legislative Platform states, SBCTA will oppose efforts to “link existing transportation funding sources to the achievement of AB 32 objectives or Regional
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Housing Needs Assessment (RHNA) goals.” The Opposition to AB 1568 is firmly in line with this position. Legislative Tracking Attachment A reflects bills of interest for San Bernardino County Transportation Authority (SBCTA) / San Bernardino Council of Governments (SBCOG). 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 April 10, 2019. Responsible Staff: Otis Greer, Director of Legislative and Public Affairs
Approved Board of Directors Date: May 1, 2019 Witnessed By:
San Bernardino Council of Governments San Bernardino County Transportation Authority Packet Pg. 141 16.a ATTACHMENT A
Status Report Wednesday, April 17, 2019 AB 11 Chiu D ( Dist. 17) Community Redevelopment Law of 2019. Location: ASSEMBLY L. GOV. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law dissolved redevelopment agencies as of February 1, 2012, and designates successor agencies to act as successor entities to the dissolved redevelopment agencies. This bill, the Community Redevelopment Law of 2019, would authorize a city or county, or two or more cities acting jointly, to propose the formation of an affordable housing and infrastructure agency by adoption of a resolution of intention that meets specified requirements, including that the resolution of intention include a passthrough provision and an override passthrough provision, as defined. Position: Watch AB 21 Obernolte R ( Dist. 33) Driver’s licenses: veteran designation. Location: ASSEMBLY APPR. SUSPENSE FILE 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law allows an in-person applicant for a driver’s license or identification card to request the word “VETERAN” be printed on the face of the driver’s license or identification card, subject to certain requirements, including, among others, verification of veteran status, as specified, and payment of a $5 fee, which the department is authorized to increase by regulation, in an amount not to exceed $15, as specified. Commencing July 1, 2019, existing law prohibits a fee from being charged for that request if certian criteria are met. This bill would make the payment of a fee by any veteran inoperative no later than July 1, 2020, and repeal the law on January 1, 2021, thereby indefinitely requiring the department to make a veteran designation on a verified applicant’s license, without charge. The bill also would make technical and conforming changes. Position: Watch AB 36 Bloom D ( Dist. 50) Residential tenancies: rent control. Location: ASSEMBLY H. & C.D. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update)
Would modify those provisions to authorize an owner of residential real property to establish the initial and all subsequent rental rates for a dwelling or unit that has been issued its first certificate of occupancy within 10 years of the date upon which the owner seeks to establish the initial or subsequent rental rate, or for a dwelling or unit that is alienable separate from the title to any other dwelling unit or is a subdivided interest in a subdivision and the owner is a natural person who owns 2 or more residential units within the same jurisdiction as the dwelling or unit for which the owner seeks to establish the initial or subsequent rental rate, subject to certain exceptions. AB 40 Ting D ( Dist. 19) Zero-emission vehicles: comprehensive strategy. Location: ASSEMBLY TRANS.
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Would, no later than January 1, 2021, require the State Air Resources Board to develop a comprehensive strategy to ensure that the sales of new motor vehicles and new light-duty trucks in the state have transitioned fully to zero- emission vehicles, as defined, by 2040, as specified. Position: Watch AB 64 Fong R ( Dist. 34) State project audits. Location: ASSEMBLY A. & A.R. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require the California State Auditor to examine and audit a state contract involving the expenditure of public funds in excess of $500,000,000 entered into by a state agency, board, commission, or department within one year of the date of final payment under a contract. The bill would make other nonsubstantive changes. AB 68 Ting D ( Dist. 19) Land use: accessory dwelling units. Location: ASSEMBLY APPR. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
The Planning and Zoning Law authorizes a local agency to provide, by ordinance, for the creation of accessory dwelling units in single-family and multifamily residential zones and sets forth required ordinance standards, including, among others, lot coverage. This bill would delete the provision authorizing the imposition of standards on lot coverage and would prohibit an ordinance from imposing requirements on minimum lot size. AB 69 Ting D ( Dist. 19) Land use: accessory dwelling units. Location: ASSEMBLY APPR. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law requires the Department of Housing and Community Development to propose building standards to the California Building Standards Commission, and to adopt, amend, or repeal rules and regulations governing, among other things, apartment houses and dwellings, as specified. This bill would require the department to propose small home building standards governing accessory dwelling units smaller than 800 square feet, junior accessory dwelling units, and detached dwelling units smaller than 800 square feet, as specified, and to submit the small home building standards to the California Building Standards Commission for adoption on or before January 1, 2021. AB 139 Quirk-Silva D ( Dist. 65) Emergency and Transitional Housing Act of 2019. Location: ASSEMBLY H. & C.D. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) Current law requires the housing element to contain specified information and analysis, including an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of those needs that includes, among other things, the identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. Current law requires the identified zone or zones to include sufficient capacity to accommodate the need for emergency shelter, as specified. This bill would define “sufficient capacity” for these purposes. AB 145 Frazier D ( Dist. 11) High-Speed Rail Authority: Senate confirmation. Location: ASSEMBLY TRANS.
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Current law creates the High-Speed Rail Authority with specified powers and duties relative to development and implementation of a high-speed train system. The authority is composed of 11 members, including 5 voting members appointed by the Governor, 4 voting members appointed by the Legislature, and 2 nonvoting legislative members.This bill would provide that the members of the authority appointed by the Governor are subject to appointment with the advice and consent of the Senate. Position: Watch AB 146 Quirk-Silva D ( Dist. 65) State highways: property leases: County of Orange. Location: ASSEMBLY L. GOV. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would authorize the Department of Transportation to lease airspace under a freeway, or real property acquired for highway purposes, in the County of Orange, that is not excess property, to a city located in the County of Orange, the County of Orange, a political subdivision of the state whose jurisdiction is located in the County of Orange, or another state agency for purposes of an emergency shelter or feeding program, subject to certain conditions. The bill would specifically authorize the Orange County Housing Finance Trust to enter into these leases. AB 147 Burke D ( Dist. 62) Use taxes: collection: retailer engaged in business in this state: marketplace facilitators. Location: ASSEMBLY ENROLLED 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead 1st House 2nd House Conc.
Would specify that, on and after April 1, 2019, a retailer engaged in business in this state includes any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property for delivery in this state by the retailer and all persons related to the retailer that exceed $500,000. The bill would allow the California Department of Tax and Fee Administration to grant relief to certain retailers engaged in business in this state for specified interest or penalties imposed on use tax liabilities due and payable for tax reporting periods beginning April 1, 2019 and ending December 31, 2022. Position: Watch AB 148 Quirk-Silva D ( Dist. 65) Regional transportation plans: sustainable communities strategies. Location: ASSEMBLY TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law requires certain transportation planning agencies to prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system. Current law requires the regional
transportation plan to include, if the transportation planning agency is also a metropolitan planning organization, a Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) sustainable communities strategy. This bill would require each sustainable communities strategy to identify areas within the region sufficient to house an 8-year projection of the emergency shelter needs for the region, as specified.
Position: Watch AB 149 Cooper D ( Dist. 9) Controlled substances: prescriptions. Location: ASSEMBLY CHAPTERED 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead 1st House 2nd House Conc.
Current law classifies certain controlled substances into designated schedules. Current law requires prescription Page 3/27
Packet Pg. 144 forms for controlled substance prescriptions to be obtained from security printers approved by the department, as16.a specified. Current law requires those prescription forms to be printed with specified features, including a uniquely serialized number. This bill would delay the requirement for those prescription forms to include a uniquely serialized number until a date determined by the Department of Justice that is no later than January 1, 2020. The bill would require, among other things, the serialized number to be utilizable as a barcode that may be scanned by dispensers. Position: Watch AB 168 Aguiar-Curry D ( Dist. 4) Housing: streamlined approvals. Location: ASSEMBLY H. & C.D. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards. Under current law the objective planning standards include, among others, a requirement that the development not be located on specified sites. This bill would require the objective planning standards include a requirement that the development not be located on a site that is a tribal cultural resource. AB 172 Voepel R ( Dist. 71) Speed limits: rural areas. Location: ASSEMBLY TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would authorize a person to drive a motortruck or truck tractor having 3 or more axles, or a motortruck or truck tractor drawing any other vehicle, in rural areas at a speed of up to 65 miles per hour. The bill would also make conforming changes. AB 180 Gipson D ( Dist. 64) Institutional and community corrections: Smart Justice Student Program. Location: ASSEMBLY PUB. S. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would establish, until January 1, 2025, the Smart Justice Student Program that would require the Board of State and Community Corrections to solicit proposals for postsecondary education programs among the University of California, the California State University, and the California Community Colleges to receive funding, with the intent of directly serving individuals who are or have been incarcerated, or are currently on parole, probation, or other form of supervised release. AB 185 Grayson D ( Dist. 14) California Transportation Commission: transportation policies: joint meetings. Location: ASSEMBLY TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) 1st House 2nd House
Current law creates the California Transportation Commission, with various powers and duties relative to the programming of transportation capital projects and allocation of funds to those projects pursuant to the state transportation improvement program and various other transportation funding programs. Existing law requires the commission and the State Air Resources Board to hold at least 2 joint meetings per calendar year to coordinate their implementation of transportation policies. This bill would require the Department of Housing and Community Development to participate in those joint meetings. AB 191 Patterson R ( Dist. 23) Building standards: exemptions: rebuilding after disasters. Location: ASSEMBLY H. & C.D. Page 4/27
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Current law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation, including energy conservation and fire prevention requirements relating to energy efficiency and the installation of interior sprinklers.This bill would, until January 1, 2030, exempt homes that meet specified requirements and are being rebuilt after wildfires or specified emergency events that occurred on or after January 1, 2017, from meeting certain current building standards. AB 195 Patterson R ( Dist. 23) Department of Housing and Community Development: grant-based programs: reporting. Location: ASSEMBLY H. & C.D. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law requires the Department of Housing and Community Development, on or before December 31 of each year, to submit an annual report containing specified information to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department. This bill would require the department to include in those annual reports specified information relating to grant-based programs administered by the department, including the amount of the original awards to recipients, the portions not yet disbursed to recipients, and an estimate of how many individuals could benefit from the remaining balance. AB 213 Reyes D ( Dist. 47) Local government finance: property tax revenue allocations: vehicle license fee adjustments. Location: ASSEMBLY APPR. SUSPENSE FILE 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would, for the 2019–20 fiscal year, require the vehicle license fee adjustment amount to be the sum of the vehicle license fee adjustment amount in the 2018–19 fiscal year, the product of that sum and the percentage change in gross taxable assessed valuation within the jurisdiction of that entity between the 2018–19 fiscal year to the 2018– 19 fiscal year, and the product of the amount of specified motor vehicle license fee revenues that the Controller allocated to the applicable city in July 2010 and 1.17. AB 226 Mathis R ( Dist. 26) Registration renewal fees: exemptions. Location: ASSEMBLY TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law requires the Department of Motor Vehicles to notify the registered owner of each vehicle, except as specified, of the date that the registration renewal fees for the vehicle are due. Current law generally exempts
vehicles that are owned by certain persons, including disabled veterans, former American prisoners of war, and Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) recipients of the Congressional Medal of Honor, from fees imposed under the Vehicle Code, except as specified. This bill would also exempt those vehicles from any other fees that are assessed as part of the registration renewal fee, as stated in the registration renewal notice mailed by the department. Position: Watch AB 246 Mathis R ( Dist. 26) State highways: property leases. Location: ASSEMBLY TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
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Packet Pg. 146 under a freeway, or real property acquired for highway purposes, located in a disadvantaged community, that is not16.a excess property to the city or county in which the disadvantaged community is located for purposes of an emergency shelter or feeding program, or for park, recreational, or open-space purposes for a rental amount of $1 per month, subject to certain conditions. AB 252 Daly D ( Dist. 69) Department of Transportation: environmental review process: federal program. Location: ASSEMBLY APPR. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current federal law requires the United States Secretary of Transportation to carry out a surface transportation project delivery program, under which the participating states may assume certain responsibilities for environmental review and clearance of transportation projects that would otherwise be the responsibility of the federal government. Current law, until January 1, 2020, provides that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities it assumed as a participant in the program. This bill would extend the operation of these provisions indefinitely. Position: Support AB 254 Quirk-Silva D ( Dist. 65) Warewashing machines: water reuse. Location: ASSEMBLY HEALTH 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would authorize water from a warewashing machine to be reused on the same warewashing machine if an attendant is on site to control the reuse of the water and a written disclosure notice is posted, as specified. By imposing conditions on the reuse of water from a warewashing machine, the violation of which would be a crime, this bill would impose a state-mandated local program. AB 285 Friedman D ( Dist. 43) California Transportation Plan. Location: ASSEMBLY APPR. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require the Department of Transportation to address in the California Transportation Plan how the state will achieve maximum feasible emissions reductions in order to attain a statewide reduction of greenhouse gas emissions of 40% below 1990 levels by the end of 2030 and attain the air quality goals described in California’s state implementation plans required by the federal Clean Air Act. AB 287 Voepel R ( Dist. 71) Public employees’ retirement: annual audits. Location: ASSEMBLY P.E. & R. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) Current law requires each state and local public pension or retirement system, on and after the 90th day following the completion of the annual audit of the system, to provide a concise annual report on the investments and earnings of the system, as specified, to any member who makes a request and pays a fee, if required, for the costs incurred in preparation and dissemination of that report. This bill would also require each state and local pension or retirement system to post a concise annual audit of the information described above on that system’s internet website no later than the 90th day following the audit’s completion. Position: Watch AB 296 Cooley D ( Dist. 8) Climate change: Climate Innovation Grant Program: voluntary tax contributions. Location: ASSEMBLY REV. & TAX
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Packet Pg. 147 16.a 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would establish the Climate Innovation Grant Program, to be administered by the Strategic Growth Council. The program would award grants in the form of matching funds for the development and research of new innovations and technologies to address issues related to emissions of greenhouse gases and impacts caused by climate change. The bill would establish the Climate Innovation Fund, a special fund, in the State Treasury and would continuously appropriate the moneys in the fund to the council for purposes of the program. The bill would repeal the program on January 1, 2031. AB 335 Garcia, Eduardo D ( Dist. 56) Imperial County Transportation Commission. Location: ASSEMBLY TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law requires the Imperial County Transportation Commission to prepare a short-range transportation plan and a specified short-range transit plan, and to administer certain transportation moneys. Current law authorizes the commission to use up to 3% of those transportation moneys for purposes of carrying out its planning and programming responsibilities. This bill would expressly limit the use of those transportation moneys to only its transportation planning and programming responsibilities. The bill would authorize the commission, in cooperation with local agencies, as defined, that elect to participate, to assist those agencies in the coordination, administration, and implementation of programs and policies. Position: Watch AB 352 Garcia, Eduardo D ( Dist. 56) California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund: investment plan: Transformative Climate Communities Program. Location: ASSEMBLY APPR. SUSPENSE FILE 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would, beginning July 1, 2020, would require state agencies administering competitive grant programs that allocate moneys from the Greenhouse Gas Reduction Fund to give specified communities preferential points during grant application scoring for programs intended to improve air quality, to include a specified application timeline, to allow applicants from the Counties of Imperial and San Diego to include daytime population numbers in grant applications, and to prohibit grant eligibility and scoring criteria from precluding low-income communities, as defined, from applying for or being awarded a grant. AB 355 Daly D ( Dist. 69) Public Employee Relations Board: Orange County Transportation Authority. Location: ASSEMBLY CONSENT CALENDAR 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require employers and employees of the Orange County Transportation Authority to adjudicate complaints Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) of specified labor violations before PERB as an unfair practice and would authorize specified parties aggrieved by PERB’s decision or order to petition for relief from that decision or order, as provided. By requiring the authority to adjudicate claims before PERB, this bill would impose a state-mandated local program. AB 371 Frazier D ( Dist. 11) Transportation: freight: statewide economic growth, prosperity, and resiliency assessment. Location: ASSEMBLY TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require GO-Biz, in consultation with the State Air Resources Board, the California Transportation Page 7/27
Packet Pg. 148 Commission, and the Transportation Agency, to prepare a statewide economic growth, prosperity, and resiliency16.a assessment of the California freight sector on or before December 31, 2021, and to update the assessment at least once every 5 years. The bill would require the assessment to identify specified information, and would require the office, in developing the assessment, to consult with the Legislature and representatives from a cross section of public and private sector freight stakeholders. AB 380 Frazier D ( Dist. 11) Office of the Transportation Inspector General. Location: ASSEMBLY APPR. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would eliminate the Independent Office of Audits and Investigations and would instead create the Independent Office of the Transportation Inspector General in state government, as an independent office that would not be a subdivision of any other government entity, to ensure that specified state agencies and all external entities that receive state and federal transportation funds are operating efficiently, effectively, and in compliance with federal and state laws. Position: Watch AB 422 Frazier D ( Dist. 11) High-speed rail: performance measurement dashboards. Location: ASSEMBLY CONSENT CALENDAR 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law requires the High-Speed Rail Authority to establish an independent peer review group for purposes of reviewing the planning, engineering, financing, and other elements of the authority’s plans and issuing an analysis of the appropriateness and accuracy of the authority’s assumptions and an analysis of the viability of the authority’s funding plan, including the funding plan for each corridor. This bill would require the authority, in consultation with the peer review group, to develop and update quarterly a set of summary performance measurement dashboards that show ongoing performance of the project and post on its internet website full sets of the summary performance measurement dashboards. AB 437 Wood D ( Dist. 2) Move-In Loan Program. Location: ASSEMBLY H. & C.D. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would establish the Move-In Loan Program for the purpose of providing grants to eligible nonprofit organizations to be used to provide no-interest loans to eligible applicants to afford the security deposit and first month’s rent for a rental dwelling. The bill would require the Department of Housing and Community Development to administer the program and to determine the standards for, and control selection of, eligible nonprofit organization applicants to receive a grant to administer a loan program, as specified. AB 456 Chiu D ( Dist. 17) Public contracts: claim resolution. Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) Location: ASSEMBLY CONSENT CALENDAR 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law prescribes various requirements regarding the formation, content, and enforcement of state and local public contracts. Current law establishes, until January 1, 2020, for contracts entered into on or after January 1, 2017, a claim resolution process applicable to any claim by a contractor in connection with a public works project against a public entity, as defined. Current law defines a claim for these purposes as a separate demand by the contractor for one or more of the following: a time extension for relief from damages or penalties for delay, payment of money or damages arising from work done pursuant to the contract for a public work, or payment of an amount Page 8/27
Packet Pg. 149 disputed by the public entity, as specified. This bill would remove the January 1, 2020, repeal date on these 16.a provisions, thereby making this claim resolution process operative indefinitely. AB 485 Medina D ( Dist. 61) Local government: economic development subsidies. Location: ASSEMBLY APPR. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law requires each local agency, as defined, to provide specified information to the public before approving an economic development subsidy within its jurisdiction, and to, among other things, hold hearings and report on those subsidies, as provided. Current law defines “economic development subsidy” for these purposes. This bill, on and after January 1, 2020, would similarly require each local agency to provide specified information to the public before approving an economic development subsidy for a warehouse distribution center, as defined, and to, among things, hold hearings and report on those subsidies, as provided. AB 553 Melendez R ( Dist. 67) High-speed rail bonds: housing. Location: ASSEMBLY TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would provide that no further bonds shall be sold for high-speed rail purposes pursuant to the Safe, Reliable High- Speed Passenger Train Bond Act for the 21st Century, except as specifically provided with respect to an existing appropriation for high-speed rail purposes for early improvement projects in the Phase I blended system. AB 578 Mullin D ( Dist. 22) Teachers: The California STEM Professional Teaching Pathway Act of 2019. Location: ASSEMBLY ED. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would establish the California STEM Professional Teaching Pathway for purposes of recruiting, training, supporting, and retaining qualified science, technology, engineering, and mathematics (STEM) professionals, including military veterans, as mathematics and science teachers in California. Position: Watch AB 600 Chu D ( Dist. 25) Local government: organization: disadvantaged unincorporated communities. Location: ASSEMBLY L. GOV. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
The Planning and Zoning Law requires a city or county, on or before the due date for the next adoption of its housing element, to review and update the land use element of its general plan based on available data, including, but not limited to, the data and analysis of unincorporated island, fringe, or legacy communities inside or near its boundaries, as provided. That law requires the updated land use element to include, among other things, an analysis Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) of water, wastewater, stormwater drainage, and structural fire protection needs or deficiencies for each identified community. This bill would define the term “needs or deficiencies” for these purposes to mean both deficient services and lack of services, as specified. AB 626 Quirk-Silva D ( Dist. 65) Conflicts of interest. Location: ASSEMBLY APPR. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law prohibits members of the Legislature, and state, county, district, judicial district, and city officers or employees, from being financially interested in a contract, as specified, made by them in their official capacity or by Page 9/27
Packet Pg. 150 any body or board of which they are members, subject to specified exceptions. Current prohibits an officer or 16.a employee from being deemed to have an interest in a contract if the person’s interest is one of certain types. This bill would prohibit an officer or employee from being deemed interested in a contract, as described above, if the interest is that of an engineer, geologist, architect, land surveyor, or planner, performing specified services on a project, including preliminary design and preconstruction services, when proposing to perform services on a subsequent portion or phase of the project. AB 659 Mullin D ( Dist. 22) Transportation: emerging transportation technologies: California Smart City Challenge Grant Program. Location: ASSEMBLY APPR. SUSPENSE FILE 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would establish the California Smart City Challenge Grant Program to enable municipalities to compete for grant funding for emerging transportation technologies to serve their transportation system needs, and would specify certain program goals. The bill would require the commission to form the California Smart City Challenge Workgroup on or before July 1, 2020, to guide the commission on program matters, as specified. The bill would require the commission, in consultation with the workgroup, to develop guidelines on or before March 1, 2021, for the program, which would not be subject to the Administrative Procedure Act, and would authorize the commission to revise them as necessary. AB 725 Wicks D ( Dist. 15) General plans: housing element: above moderate-income housing: suburban and metropolitan jurisdictions. Location: ASSEMBLY H. & C.D. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
The Planning and Zoning Law requires that the housing element include, among other things, an inventory of land suitable for residential development, to be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need determined pursuant to specified law. This bill would prohibit more than 20% of a suburban or metropolitan jurisdiction’s share of the regional housing need for above moderate-income housing from being allocated to sites with zoning restricted to single-family development. AB 742 Cervantes D ( Dist. 60) Place-Based Economic Strategies Act. Location: ASSEMBLY REV. & TAX 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would enact the Place-Based Economic Strategies Act, which would create the Office of Place-Based Economic Strategies, headed by the deputy director of the Office of Place-Based Economic Strategies, for the purposes of supporting place-based and other geographically targeted economic development programs, including, but not limited to, federal California Promise and California Opportunity Zones. The bill would require the office to serve as Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) a liaison between community and economic stakeholders and the state agencies that oversee programs and offer services that are intended to finance and support business and economic development needs, as specified. AB 752 Gabriel D ( Dist. 45) Public transit: transit stations: lactation rooms. Location: ASSEMBLY TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require a multimodal transit station that meets certain criteria, including that it has an enclosed waiting room of an unspecified size, or a transit station that is proposed to serve California’s high-speed rail system, that commences operations or a renovation on or after January 1, 2021, to include a lactation room. To the extent the bill imposes Page 10/27
Packet Pg. 151 additional duties on a local agency, the bill would impose a state-mandated local program. 16.a Position: Watch AB 753 Garcia, Eduardo D ( Dist. 56) Alternative and Renewable Fuel and Vehicle Technology Program: fuels: fueling infrastructure. Location: ASSEMBLY TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require the State Energy Resources Conservation and Development Commission to make available of the moneys available for allocation as part of the Alternative and Renewable Fuel and Vehicle Technology Program specified percentages for projects to produce alternative and renewable low-carbon fuels in the state; projects to develop stand-alone alternative and renewable fuel infrastructure, fueling stations, and equipment; and the research, development, and production of innovative and emerging fuels, as defined. AB 784 Mullin D ( Dist. 22) Sales and use taxes: exemption: California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project: transit bus vehicles. Location: ASSEMBLY REV. & TAX 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current state sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes.This bill would, until January 1, 2024, provide an exemption from those taxes with respect to the sale of, and the storage and use of, or other consumption in this state of, specified zero-emission technology medium- and heavy-duty transit bus vehicles. Position: Watch AB 816 Quirk-Silva D ( Dist. 65) California Flexible Housing Subsidy Pool Program. Location: ASSEMBLY H. & C.D. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would establish the California Flexible Housing Subsidy Pool Program within the Department of Housing and Community Development for the purpose of making grants available to applicants, defined to include a city, county, city and county, or continuum of care, for eligible activities including, among other things, rental assistance, operating subsidies in new and existing affordable or supportive housing units, and specified outreach services. The bill would continuously appropriate $450,000,000 from the General Fund every fiscal year to the department for purposes of the program, and set forth how these funds must be allocated. AB 821 O'Donnell D ( Dist. 70) Transportation: Trade Corridor Enhancement Account: project nomination: California Port Efficiency Program.
Location: ASSEMBLY TRANS. Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law creates the Trade Corridor Enhancement Account to receive revenues attributable to 50% of a $0.20 per gallon increase in the diesel fuel excise tax imposed by the Road Repair and Accountability Act of 2017 for corridor-based freight projects nominated by local agencies and the state. Current law makes these funds and certain federal funds apportioned to the state available upon appropriation for allocation by the California Transportation Commission for trade infrastructure improvement projects that meet specified requirements. This bill would require the commission to allocate not less than 10% of the funds that are required to be allocated to projects nominated by the department to projects nominated pursuant to the California Port Efficiency Program, which this Page 11/27
Packet Pg. 152 bill would create 16.a AB 839 Mullin D ( Dist. 22) Climate adaptation strategy: strategic resiliency framework: Adaptation through Resiliency, Economic Vitality, and Equity Account. Location: ASSEMBLY APPR. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Existing law requires the Natural Resources Agency to update every 3 years the state’s climate adaptation strategy, known as the Safeguarding California Plan, to identify vulnerabilities to climate change by sectors and priority actions needed to reduce the risks in those sectors. This bill would require the Secretary of the Natural Resources Agency, on or before July 1, 2021, to review the plan and develop a strategic resiliency framework, as specified. AB 847 Grayson D ( Dist. 14) Housing: transportation-related impact fees grant program. Location: ASSEMBLY H. & C.D. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require the Department of Housing and Community Development , upon appropriation by the Legislature, to establish a competitive grant program to award grants to cities and counties to offset up to 100% of any transportation-related impact fees exacted upon a qualifying housing development project, as defined, by the local jurisdiction. AB 931 Boerner Horvath D ( Dist. 76) State and local boards and commissions: representation: appointments. Location: ASSEMBLY A. & A.R. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law establishes the policy of the Legislature to ensure equal access to specific information about the many local regulating and advisory boards, commissions, and committees and to ensure equal opportunity to be informed of vacancies on those boards. Existing law requires each legislative body of a local agency to prepare an appointments list of all regular and ongoing boards, commissions, and committees that are appointed by the legislative body of the local agency. This bill, on and after January 1, 2025, would require the composition of each state and local board and commission with appointed members to have a specified minimum number of women board members or commissioners based on the total number of board members or commissioners on that board. AB 970 Salas D ( Dist. 32) California Department of Aging: grants: transportation. Location: ASSEMBLY TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require the California Department of Aging to administer a grant program to receive applications from eligible applicants, including, but not limited to, area agencies on aging and public transit operators, to fund transportation to Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) and from nonemergency medical services for older individuals and persons with a disability, for the purpose of reducing greenhouse gas emissions. The bill would require that transportation be made available using the purchase, lease, operation, or maintenance of zero-emission or near-zero-emission vehicles with a capacity for 7, 12, or 15 passengers. AB 992 Mullin D ( Dist. 22) Open meetings: local agencies: social media. Location: ASSEMBLY L. GOV. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would provide that the Ralph M. Brown Act does not apply to the posting, commenting, liking, interaction with, or Page 12/27
Packet Pg. 153 participation in, internet-based social media platforms that are ephemeral, live, or static, by a majority of the 16.a members of a legislative body, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. AB 1025 Grayson D ( Dist. 14) Transportation: California Transportation Commission: San Ramon Branch Corridor: reimbursement. Location: ASSEMBLY TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law creates the California Transportation Commission, with various powers and duties relative to the programming of transportation capital projects and the allocation of funds to those projects, pursuant to the state transportation improvement program and various other transportation funding programs. Through certain commission resolutions, the commission allocated moneys appropriated to it in the 1980s from the Transportation Planning and Development Account to the County of Contra Costa for the acquisition of a specified right-of-way, and for associated projects, relating to the San Ramon Branch Corridor. Those resolutions require the county to reimburse the state if the county fails to meet specified conditions. This bill would relinquish the rights of the state to reimbursement pursuant to those resolutions. AB 1056 Garcia, Eduardo D ( Dist. 56) Speed laws: residence districts. Location: ASSEMBLY TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would authorize the County of Imperial to implement a demonstration project to expand the definition of a residence district for purposes of existing speed laws to include any portion of a highway and the property contiguous to that highway, with at least 13 separate dwelling houses or business structures located upon both sides of the property contiguous to the highway, collectively, within a distance of 1/4 mile. AB 1089 Stone, Mark D ( Dist. 29) Santa Cruz Metropolitan Transit District. Location: ASSEMBLY L. GOV. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require the Santa Cruz Metropolitan Transit District’s purchase of supplies, equipment, and materials exceeding$50,000 to be by contract let to either the lowest responsible bidder or to the responsible bidder that submits a proposal that provides the best value to the district. The bill would require the district to obtain a minimum of 3 quotations, as specified, for a procurement exceeding $5,000 and, in the case of the purchase of supplies, equipment, or materials, not exceeding$50,000 or, in the case of the construction of facilities and works, not exceeding $10,000. AB 1112 Friedman D ( Dist. 43) Motorized scooters: local regulation.
Location: ASSEMBLY TRANS. Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would authorize a local authority to regulate motorized scooters by, among other things, assessing limited penalties for moving or parking violations involving the use of motorized scooters. The bill would prohibit a local authority from subjecting the riders of shared scooters to requirements more restrictive than those applicable to riders of privately owned motorized scooters or bicycles.The bill would authorize a local authority to regulate scooter share operators by, among other things, requiring a scooter share operator to pay fees that do not exceed the reasonable cost to the local authority of regulating the scooter share operator. AB 1142 Friedman D ( Dist. 43) Regional transportation plans.
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Packet Pg. 154 Location: ASSEMBLY CONSENT CALENDAR 16.a 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law requires a regional transportation plan to include a policy element, an action element, a financial element, and, if the transportation planning agency is also a metropolitan planning organization, a sustainable communities strategy. Under current law, the policy element describes the transportation issues in the region, identifies and quantifies regional needs, and describes the desired short-range and long-range transportation goals, as well as pragmatic objective and policy statements. Current law authorizes the policy element of transportation planning agencies with populations that exceed 200,000 persons to quantify a set of specified indicators. This bill would authorize the inclusion of an additional indicator regarding measures of policies to increase use of existing transit. AB 1177 Frazier D ( Dist. 11) Planning and zoning: housing development: streamlined approval. Location: ASSEMBLY H. & C.D. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development, which satisfies specified objective planning standards, that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit. Under current law, those objective planning standards include that the development proponent must certify both (1) that the development is either a public work, for purposes of specified law, or that all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area and (2) that if the development meets certain conditions, a skilled and trained workforce, as defined, will be used to complete the development if the application is approved, as provided. Existing law exempts from any requirement to pay prevailing wages or use a skilled and trained workforce a project that includes 10 or fewer units and is not a public work. This bill would delete the requirement that a skilled and trained workforce be employed on any project subject to these provisions. AB 1198 Stone, Mark D ( Dist. 29) Public employees’ retirement: pension reform: excepted employees: transit workers. Location: ASSEMBLY P.E. & R. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would except transit workers hired before January 1, 2016, from PEPRA by removing the federal district court contingency language from the provision excepting certain transit workers from PEPRA, as specified. Position: Watch AB 1237 Aguiar-Curry D ( Dist. 4) Greenhouse Gas Reduction Fund: guidelines. Location: ASSEMBLY APPR. Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require an agency that receives an appropriation from the Greenhouse Gas Reduction Fund to post on its internet website the agency’s guidelines, as specified, for how moneys from the fund are allocated. AB 1239 Cunningham R ( Dist. 35) Planning and zoning: housing element. Location: ASSEMBLY H. & C.D. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
The Planning and Zoning Law law requires that the housing element, among other things, sets forth a schedule of Page 14/27
Packet Pg. 155 actions during the planning period that the local government is undertaking or intends to undertake to implement the16.a policies and achieve the goals of the housing element, as provided. Current law authorizes the Department of Housing and Community Development to allow a city or county to substitute the provision of units for up to 25% of the community’s obligation to identify adequate sites for any income category in its housing element pursuant to a schedule of actions. This bill would additionally authorize the department to allow a city or county to substitute the provision of units for up to 25% of the community’s obligation to identify adequate sites for any income category under the above-described schedule of actions if the governing body of the city or county has adopted both (1) an ordinance that implements requirements under state law, as well as any applicable requirements of the city or county, relating to accessory dwelling units and meets certain requirements and (2) an ordinance establishing a permitting process and appropriate standards to regulate short-term rentals of single-family dwellings in order to accomplish specified objectives. The bill would also make various nonsubstantive changes. AB 1244 Fong R ( Dist. 34) Environmental quality: judicial review: housing projects. Location: ASSEMBLY NAT. RES. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would, in an action or proceeding seeking judicial review under the California Environmental Quality Act, prohibit a court from staying or enjoining a housing project for which an environmental impact report has been certified, unless the court makes specified findings. AB 1277 Obernolte R ( Dist. 33) Transportation projects: oversight committees. Location: ASSEMBLY TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require a public agency administering a megaproject, which the bill would define as a transportation project with total estimated development and construction costs exceeding $1,000,000,000, to take specified actions to manage the risks associated with the megaproject, including establishing a comprehensive risk management plan and regularly reassessing its reserves for potential claims and unknown risks. The bill would require a public agency administering a megaproject to establish a project oversight committee composed of specified individuals to review the megaproject and perform other specified duties. Position: Pending AB 1279 Bloom D ( Dist. 50) Planning and zoning: housing development: high-resource areas. Location: ASSEMBLY L. GOV. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require the department to designated areas in this state as high-resource areas, as provided, by January 1, 2021, and every 5 years thereafter. The bill would authorize a city or county to appeal the designation of an area within its jurisdiction as a high-resource area during that 5-year period. In any area designated as a high-resource Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) area, the bill would require that a housing development project be a use by right, upon the request of a developer, in any high-resource area designated pursuant be a use by right in certain parts of the high-resource area if those projects meet specified requirements, including specified affordability requirements. For certain development projects where the initial sales price or initial rent exceeds the affordable housing cost or affordable rent to households with incomes equal to or less than 100% of the area median income, the bill would require the applicant agree to pay a fee equal to 10% of the difference between the actual initial sales price or initial rent and the sales price or rent that would be affordable, as provided. The bill would require the city or county to deposit the fee into a separate fund reserved for the construction or preservation of housing with an affordable housing cost or affordable rent to households with a household income less than 50% of the area median income. This bill contains other related provisions and other existing laws. Page 15/27
Packet Pg. 156 AB 1351 Lackey R ( Dist. 36) Transit operators: paratransit and dial-a-ride services: assessment. 16.a Location: ASSEMBLY TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require the Transportation Agency, in consultation with public transit operators, to conduct an assessment of the procedures public transit operators use to provide dial-a-ride and paratransit services to individuals with disabilities who are visiting their service territories and are certified to use another in-state public transit operator’s similar dial-a-ride and paratransit services. The bill would require the agency to publish the assessment on its internet website on or before October 1, 2020. Position: Watch AB 1402 Petrie-Norris D ( Dist. 74) Active Transportation Program. Location: ASSEMBLY TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require the Department of Transportation, instead of the California Transportation Commission, to award funds to projects in the statewide and small urban and rural region distribution categories and to adopt a program of projects for those distribution categories. The bill would require that 75% of available funds be awarded to MPO’s in urban areas with populations greater than 200,000, in proportion to their relative share of the population, 15% to small urban and rural regions with populations of 200,000 or less, competitively awarded by the department to projects in those regions, and 10% to projects competitively awarded by the department, in consultation with the commission, on a statewide basis. Position: Support AB 1411 Reyes D ( Dist. 47) Integrated action plan for sustainable freight. Location: ASSEMBLY TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would establish as a state goal the deployment of 100,000 zero-emission medium- and heavy-duty vehicles and off- road vehicles and equipment, and the corresponding infrastructure to support them, by 2030. AB 1413 Gloria D ( Dist. 78) Transportation: local transportation authorities: transactions and use taxes. Location: ASSEMBLY L. GOV. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would authorize a local transportation authority to impose a tax applicable to only a portion of its county if 2/3 of the voters voting on the measure within the portion of the county to which the tax would apply vote to approve the tax, as specified, and other requirements are met, including that the revenues derived from the tax be spent within, or Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) for the benefit of, the portion of the county to which the tax would apply. AB 1424 Berman D ( Dist. 24) Electric Vehicle Charging Stations Open Access Act. Location: ASSEMBLY APPR. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require an electric vehicle charging station to provide to the general public a minimum of 2 out of a list of 4 specified options for payment, in addition to a toll-free telephone number for processing a credit card payment. The bill would prohibit a state agency from requiring a credit card payment, as defined, to be through a physical credit card or magstripe reader on electric vehicle service equipment. Page 16/27
Packet Pg. 157 AB 1430 Garcia, Eduardo D ( Dist. 56) State government: public investment opportunities: cost-effective16.a definition. Location: ASSEMBLY APPR. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law authorizes the Public Utilities Commission, the State Air Resources Board, the California Transportation Commission, and the Labor and Workforce Development Agency to invest public moneys on various project and programs. Current law requires some of those investments to be cost effective. This bill would require these agencies, by January 1, 2021, to provide a joint assessment of options for redefining the term “cost-effective” to the Legislature for the purposes of prioritizing public investment opportunities. AB 1457 Reyes D ( Dist. 47) Omnitrans Transit District. Location: ASSEMBLY TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would create the Omnitrans Transit District in the County of San Bernardino. The bill would provide that the jurisdiction of the district would initially include 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 specified portions of the unincorporated areas of the County of San Bernardino. The bill would authorize other cities in the County of San Bernardino to subsequently join the district. Position: Support AB 1475 Bauer-Kahan D ( Dist. 16) Construction Manager/General Contractor method: transportation projects. Location: ASSEMBLY TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law authorizes regional transportation agencies, as defined, including a local transportation authority created pursuant to the Local Transportation Authority and Improvement Act, to use the Construction Manager/General Contractor (CM/GC) project delivery method, as specified, to design and construct certain projects, if there is an evaluation of the traditional design-bid-build method of construction and of the CM/GC method and the board of the regional transportation agency adopts the procurement strategy in a public meeting. This bill would expand the authorization to use the CM/GC project delivery method under these provisions by expanding the definition of the term “project” to include any other transportation project that is not on the state highway system. AB 1484 Grayson D ( Dist. 14) Mitigation Fee Act: housing developments. Location: ASSEMBLY L. GOV. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) The Mitigation Fee Act requires a local agency that establishes, increases, or imposes a fee as a condition of approval of a development project to, among other things, determine a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.This bill would require each city, county, or city and county to post on its internet website the type and amount of each fee imposed on a housing development project, as defined. AB 1487 Chiu D ( Dist. 17) San Francisco Bay area: housing development: financing. Location: ASSEMBLY L. GOV. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
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Packet Pg. 158 Current law provides for the establishment of various special districts that may support and finance housing 16.a development, including affordable housing special beneficiary districts that are authorized to promote affordable housing development with certain property tax revenues that a city or county would otherwise be entitled to receive. This bill, the San Francisco Bay Area Regional Housing Finance Act, would establish the Housing Alliance for the Bay Area (hereafter “the entity”) and would state that the entity’s purpose is to increase affordable housing in the San Francisco Bay area, as defined, by providing for enhanced funding and technical assistance at a regional level for tenant protection, affordable housing preservation, and new affordable housing production. AB 1515 Friedman D ( Dist. 43) Planning and zoning: community plans: review under the California Environmental Quality Act. Location: ASSEMBLY L. GOV. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.This bill, notwithstanding the above-described requirement for a court to enter an order under CEQA, would prohibit a court in an action or proceeding to attack, review, set aside, void, or annul the acts or decisions of the local agency in adopting an update to a community plan on the grounds of noncompliance with CEQA from invalidating, reviewing, voiding, or setting aside the approval of a development project that meets certain requirements. The bill would define various terms for these purposes. The bill would specify that these provisions do not affect or alter the obligation of a project that is consistent with an approved community plan update to comply with CEQA. The bill would repeal these provisions as of January 1, 2025, but would provide that the repeal of these provisions does not affect any right or immunity granted by the bill to a development project that meets specified requirements before that date. AB 1543 Holden D ( Dist. 41) Transportation funds: transit operators: fare revenues. Location: ASSEMBLY TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require a fare paid pursuant to a reduced fare transit program to be counted as a full adult fare for purposes of calculating any required ratios of fare revenues to operating costs specified in the Transportation Development Act, except for purposes of providing information in a specified annual report to the Controller or providing information to the entity conducting a fiscal or performance audit pursuant to specified provisions. Position: Watch AB 1560 Friedman D ( Dist. 43) California Environmental Quality Act: transportation: major transit stop. Location: ASSEMBLY NAT. RES. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update)
CEQA requires the Office of Planning and Research to prepare and propose guidelines for the implementation of CEQA by public agencies and the Secretary of the Natural Resources Agency to certify and adopt the guidelines. CEQA requires the office to propose revisions to the guidelines establishing criteria for determining the significance of transportation impacts of projects within transit priority areas to meet certain objectives. CEQA defines “transit priority area” as an area within 1/2 mile of a major transit stop. This bill would revise the definition of “major transit stop” to include a bus rapid transit station, as defined, with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods. AB 1568 McCarty D ( Dist. 7) Housing law compliance: prohibition on applying for state grants. Location: ASSEMBLY H. & C.D. Page 18/27
Packet Pg. 159 16.a 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
The Housing Element Law, prescribes requirements for the preparation of the housing element, including a requirement that a planning agency submit a draft of the element or draft amendment to the element to the Department of Housing and Community Development prior to the adoption of the element or amendment to the element. Current law requires the department to review the draft and report its written findings, as specified. Current law also requires the department, in its written findings, to determine whether the draft substantially complies with the Housing Element Law. This bill would authorize the city or county to submit evidence that the city or county is no longer in violation of state law to the department and to request the department to issue a finding that the city or county is no longer in violation of state law. Position: Oppose AB 1628 Rivas, Robert D ( Dist. 30) Environmental justice: Attorney General: Bureau of Environmental Justice: Office of Planning and Research. Location: ASSEMBLY JUD. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law requires the Secretary for Environmental Protection, on or before January 1, 2002, to convene a Working Group on Environmental Justice composed of various representatives, as specified, to assist the California Environmental Protection Agency in developing by July 1, 2002, an agencywide environmental justice strategy. Current law requires the Office of Planning and Research to be the coordinating agency in state government for environmental justice programs. Current law requires the Director of State Planning and Research to consult with specified entities, including the Secretary for Environmental Protection. Current law defines “environmental justice” for these purposes. This bill would require the director to additionally consult with the Attorney General and the Bureau of Environmental Justice in the Environment Section of the Department of Justice. AB 1633 Grayson D ( Dist. 14) Regional transportation plans: traffic signal optimization plans. Location: ASSEMBLY CONSENT CALENDAR 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would authorize each city located within the jurisdiction of MTC to develop and implement a traffic signal optimization plan intended to reduce greenhouse gases and particulate emissions and to reduce travel times, the number of stops, and fuel use. The bill would also require the Department of Transportation to coordinate with each city that develops a traffic signal optimization plan pursuant to these provisions to ensure that any traffic signals owned or operated by the department are adjusted and maintained in accordance with the plan. AB 1717 Friedman D ( Dist. 43) Transit-Oriented Affordable Housing Funding Program Act. Location: ASSEMBLY L. GOV. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead Conc. Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) 1st House 2nd House
Would establish the Transit-Oriented Affordable Housing Funding Program, to be administered by the California Housing Finance Agency (CalHFA). The bill would authorize the city council of a city, or the board of supervisors of a city and county, to participate in the program by enactment of an ordinance establishing a transit-oriented affordable housing district, as provided. AB 1730 Gonzalez D ( Dist. 80) Regional transportation plans: San Diego Association of Governments: housing. Location: ASSEMBLY H. & C.D. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House Page 19/27
Packet Pg. 160 16.a Current law requires each transportation planning agency to adopt and submit to the California Transportation Commission and the Department of Transportation an updated regional transportation plan every four or five years, as specified. This bill would require the updated regional transportation plan, sustainable communities strategy, and environmental impact report adopted by SANDAG on October 9, 2015, to remain in effect for all purposes until SANDAG adopts its next update to its regional transportation plan, which the bill would require it to adopt and submit on or before December 31, 2021. ACA 1 Aguiar-Curry D ( Dist. 4) Local government financing: affordable housing and public infrastructure: voter approval. Location: ASSEMBLY APPR. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions. This measure would create an additional exception to the 1% limit that would authorize a city, county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, or city and county, as applicable, and the proposition includes specified accountability requirements. Position: Watch ACA 2 Nazarian D ( Dist. 46) State tax agency. Location: ASSEMBLY PRINT 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would authorize the Legislature to vest all powers, duties, and responsibilities in a single state tax agency or separately in multiple state tax agencies. The measure would deem the California Department of Tax and Fee Administration and the office of Tax Appeals to be state tax agencies for purposes of these provisions and vest in those entities specified powers, duties and responsibilities currently vested in the State Board of Equalization. Position: Watch ACA 13 Obernolte R ( Dist. 33) Local sales taxes: online sales. Location: ASSEMBLY PRINT 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would provide that, on and after January 1, 2021, for the purpose of distributing the revenues derived under a sales tax imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law, the retail sale of tangible personal property by a qualified retailer, as defined, that is transacted online is instead consummated at the point of the delivery of that tangible personal property to the purchaser’s address or to any other delivery address Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) designated by the purchaser. Position: Watch SB 1 Atkins D ( Dist. 39) California Environmental, Public Health, and Workers Defense Act of 2019. Location: SENATE JUD. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current state law regulates the discharge of air pollutants into the atmosphere. The Porter-Cologne Water Quality Control Act regulates the discharge of pollutants into the waters of the state. The California Safe Drinking Water Act
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Packet Pg. 161 establishes standards for drinking water and regulates drinking water systems. The California Endangered Species16.a Act requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species, and generally prohibits the taking of those species. This bill would require specified agencies to take prescribed actions regarding certain federal requirements and standards pertaining to air, water, and protected species, as specified. SB 4 McGuire D ( Dist. 2) Housing. Location: SENATE GOV. & F. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would authorize a development proponent of a neighborhood multifamily project or eligible transit-oriented development (TOD) project located on an eligible parcel to submit an application for a streamlined, ministerial approval process that is not subject to a conditional use permit. The bill would define a “neighborhood multifamily project” to mean a project to construct a multifamily unit of up to 2 residential dwelling units in a nonurban community, as defined, or up to 4 residential dwelling units in an urban community, as defined, that meets local height, setback, and lot coverage zoning requirements as they existed on July 1, 2019. SB 5 Beall D ( Dist. 15) Affordable Housing and Community Development Investment Program. Location: SENATE APPR. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would establish in state government the Affordable Housing and Community Development Investment Program, which would be administered by the Affordable Housing and Community Development Investment Committee. The bill would authorize a city, county, city and county, joint powers agency, enhanced infrastructure financing district, affordable housing authority, community revitalization and investment authority, transit village development district, or a combination of those entities, to apply to the Affordable Housing and Community Development Investment Committee to participate in the program and would authorize the committee to approve or deny plans for projects meeting specific criteria. SB 6 Beall D ( Dist. 15) Residential development: available land. Location: SENATE APPR. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require the Department of Housing and Community Development to furnish the Department of General Services with a list of local lands suitable and available for residential development as identified by a local government as part of the housing element of its general plan. The bill would require the Department of General Services to create a database of that information and information regarding state lands determined or declared excess and to make this database available and searchable by the public by means of a link on its internet website. SB 7 Portantino D ( Dist. 25) State Highway Route 710. Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) Location: SENATE APPR. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require for surplus nonresidential properties for State Route 710 in the County of Los Angeles that purchases of those properties by tenants in good standing be offered at fair market value as determined relative to the current use of the property if the tenant is a nonprofit organization or a city. SB 15 Portantino D ( Dist. 25) Property tax revenue allocations: Local-State Sustainable Investment Program. Location: SENATE HOUSING Page 21/27
Packet Pg. 162 16.a 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would establish the Local-State Sustainable Investment Program, which would be administered by the Department of Finance. The bill would authorize a city, a county, or a specified joint powers agency to apply to the Department of Finance for funding for projects that further certain purposes, including increasing the availability of affordable housing. The bill would require that funding under the program be provided by an allocation of ad valorem property tax revenues, as provided, and would limit the amount of funding approved under the program to $200,000,000 per fiscal year and $1,000,000,000 total. SB 25 Caballero D ( Dist. 12) California Environmental Quality Act: projects funded by qualified opportunity zone funds or other public funds. Location: SENATE JUD. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA. This bill would, until January 1, 2025, establish specified procedures for the administrative and judicial review of the environmental review and approvals granted for projects that are funded, in whole or in part, by specified public funds or public agencies and that meet certain requirements. Position: Watch SB 43 Allen D ( Dist. 26) Carbon taxes. Location: SENATE GOV. & F. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require the State Air Resources Board, in consultation with the California Department of Tax and Fee Administration, to submit a report to the Legislature on the results of a study, as specified, to propose, and to determine the feasibility and practicality of, a system to replace the tax imposed pursuant to the Sales and Use Tax Law with an assessment on retail products sold or used in the state based on the carbon intensity of the product to encourage the use of less carbon-intensive products. SB 50 Wiener D ( Dist. 11) Planning and zoning: housing development: incentives. Location: SENATE GOV. & F. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require a city, county, or city and county to grant upon request an equitable communities incentive when a development proponent seeks and agrees to construct a residential development, as defined, that satisfies specified criteria, including, among other things, that the residential development is either a job-rich housing project or a transit-rich housing project, as those terms are defined; the site does not contain, or has not contained, housing
occupied by tenants or accommodations withdrawn from rent or lease in accordance with specified law within Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) specified time periods; and the residential development complies with specified additional requirements under existing law. Position: Watch SB 59 Allen D ( Dist. 26) Autonomous vehicle technology: Statewide policy. Location: SENATE E.Q. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would establish certain guiding principles relating to autonomous vehicles in order to ensure that these vehicles support the state’s efforts to, among other things, reduce greenhouse gas emissions and encourage efficient land use. Page 22/27
Packet Pg. 163 The bill would require the Office of Planning and Research, in coordination with the State Air Resources Board, to16.a convene an autonomous vehicle interagency working group of specified state agencies, including, among others, the Transportation Agency, the Department of Transportation, and the Department of Motor Vehicles, to guide policy development for autonomous vehicle technology consistent with the statewide principles as specified. Position: Watch SB 127 Wiener D ( Dist. 11) Transportation funding: active transportation: complete streets. Location: SENATE TRANS. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would establish a Division of Active Transportation within the Department of Transportation and require that an undersecretary of the Transportation Agency be assigned to give attention to active transportation program matters to guide progress toward meeting the department’s active transportation program goals and objectives. The bill would require the California Transportation Commission to give high priority to increasing safety for pedestrians and bicyclists and to the implementation of bicycle and pedestrian facilities. Position: Watch SB 128 Beall D ( Dist. 15) Enhanced infrastructure financing districts: bonds: issuance. Location: ASSEMBLY DESK 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law authorizes the legislative body of a city or a county to establish an enhanced infrastructure financing district, with a governing body referred to as a public financing authority, to finance public capital facilities or other specified projects of communitywide significance. Current law requires a public financing authority to adopt an infrastructure financing plan and hold a public hearing on the plan, as specified. Current law authorizes the public financing authority to issue bonds for these purposes upon approval by 55% of the voters voting on a proposal to issue the bonds. Current law requires the proposal submitted to the voters by the public financing authority and the resolution for the issuance of bonds following approval by the voters to include specified information regarding the bond issuance. This bill would instead authorize the public financing authority to issue bonds for these purposes without submitting a proposal to the voters. Position: Watch SB 137 Dodd D ( Dist. 3) Federal transportation funds: state exchange programs. Location: SENATE APPR. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current federal law apportions transportation funds to the states under various programs, including the Surface Transportation Program and the Highway Safety Improvement Program, subject to certain conditions on the use of those funds. Current law establishes the Road Maintenance and Rehabilitation Program to address deferred Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) maintenance on the state highway system and the local street and road system, and funds that program from fuel taxes and an annual transportation improvement fee imposed on vehicles. This bill would authorize the Department of Transportation to allow the above-described federal transportation funds that are allocated as local assistance to be exchanged for Road Maintenance and Rehabilitation Program funds appropriated to the department. Position: Watch SB 147 Beall D ( Dist. 15) High-Speed Rail Authority. Location: ASSEMBLY DESK 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
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Packet Pg. 164 The California High-Speed Rail Act creates the High-Speed Rail Authority to develop and implement a high-speed16.a train system in the state, with specified powers and duties. Current law authorizes the authority, among other things, to keep the public informed of its activities.This bill would revise that provision to instead authorize the authority to keep the public informed through activities, including, but not limited to, community outreach events, public information workshops, and newsletters posted on the authority’s internet website. SB 152 Beall D ( Dist. 15) Active Transportation Program. Location: SENATE APPR. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require that 75% of available funds be awarded to projects selected by MPOs in urban areas with populations greater than 200,000, with the available funds distributed to each MPO based on its relative share of the population, 15% to fund projects in small urban and rural regions, and 10% to projects of a transformative nature competitively awarded by the commission on a statewide basis. The bill would require, rather than authorize, the commission to adopt separate guidelines for the MPOs to ensure that they have sufficient discretion to adopt regional guidelines. Position: Support SB 168 Wieckowski D ( Dist. 10) Climate change: Chief Climate Resilience Officer. Location: SENATE APPR. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would establish the Chief Climate Resilience Officer in the Office of Planning and Research to serve as the statewide lead for planning and coordination of climate adaptation policy and implementation in California, and would specify the duties of the chief officer. The bill would make the chief officer, or the chief officer’s designee, a member of the advisory council and would designate the chief officer, or the chief officer’s designee, as the chair of the advisory council. SB 197 Beall D ( Dist. 15) Department of Transportation: retention proceeds. Location: SENATE THIRD READING 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law prohibits the Department of Transportation, until January 1, 2020, from withholding retention proceeds when making progress payments for work performed by a contractor.This bill would delete the repeal of this provision, thereby making the prohibition operative indefinitely. SB 211 Beall D ( Dist. 15) State highways: leases. Location: SENATE APPR. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update)
Would authorize the Department of Transportation to lease on a right of first refusal basis any airspace under a freeway, or real property acquired for highway purposes, that is not excess property, to the city or county in which the airspace or real property is located, or to a political subdivision of the city or county, for purposes of an emergency shelter or feeding program for a lease amount, for up to 10 parcels in the city or county, or political subdivision of the city or county, of $1 per month, and a payment of an administrative fee not to exceed $500 per year, as specified. SB 277 Beall D ( Dist. 15) Road Maintenance and Rehabilitation Program: guidelines. Location: SENATE TRANS.
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Packet Pg. 165 16.a 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
The Road Repair and Accountability Act of 2017 continuously appropriates $200,000,000 annually from the Road Maintenance and Rehabilitation Account for allocation by the California Transportation Commission to local or regional transportation agencies that have sought and received voter approval of taxes or that have imposed certain fees, which taxes or fees are dedicated solely to transportation improvements. Existing law requires the commission, in cooperation with the Department of Transportation, transportation planning agencies, county transportation commissions, and other local agencies, to develop guidelines for the allocation of those moneys, and authorizes the commission to amend the adopted guidelines after conducting at least one public hearing. This bill would require the commission, in cooperation with those same entities, to biennially update the guidelines with final approval of the update occurring on or before January 1 of each even-numbered year. SB 330 Skinner D ( Dist. 9) Housing Crisis Act of 2019. Location: SENATE HOUSING 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
The The Housing Accountability Act requires a local agency that proposes to disapprove a housing development project that complies with applicable, objective general plan and zoning standards and criteria that were in effect at the time the application was deemed to be complete, or to approve it on the condition that it be developed at a lower density, to base its decision upon written findings supported by substantial evidence on the record that specified conditions exist, and places the burden of proof on the local agency to that effect. The act requires a court to impose a fine on a local agency under certain circumstances and requires that the fine be at least $10,000 per housing unit in the housing development project on the date the application was deemed complete. This bill would, until January 1, 2030, specify that an application is deemed complete for these purposes if a complete initial application was submitted, as specified. SB 351 Hurtado D ( Dist. 14) Climate change: Transformative Climate Communities Program. Location: SENATE APPR. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law creates the Transformative Climate Communities Program, which is administered by the Strategic Growth Council. Current law requires the council to award competitive grants to specified eligible entities for the development and implementation of neighborhood-level transformative climate community plans that include greenhouse gas emissions reduction projects that provide local economic, environmental, and health benefits to disadvantaged communities, as defined. This bill would require the council to consider applications for projects undertaken in unincorporated areas of a county. SB 498 Hurtado D ( Dist. 14) Trade Corridors Improvement Fund: grant program: short-line railroads. Location: SENATE TRANS. Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require the California Transportation Commission, with respect to specified funds resulting from TCIF program savings, to establish a competitive grant program to provide grants from those funds in the 2020–21 and 2021–22 fiscal years to short-line railroad operators, as defined, for railroad reconstruction, maintenance, upgrade, or replacement expenditures. The bill would require the commission to adopt guidelines, in consultation with representatives from specified government and industry entities, by July 1, 2020, to be used by the commission to select grant recipients. SB 526 Allen D ( Dist. 26) Regional transportation plans: greenhouse gas emissions: State Mobility Action Plan for Healthy Communities. Page 25/27
Packet Pg. 166 16.a Location: SENATE HOUSING 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require the State Air Resources Board to adopt a regulation that requires a metropolitan planning organization to provide any data that the state board determines is necessary to fulfill the requirements of the above- described report and to determine if the metropolitan planning organization is on track to meet its 2035 greenhouse gas emission reduction target. After completing each report, the bill would require the state board to determine if each metropolitan planning organization is on track to meet its 2035 target. SB 531 Glazer D ( Dist. 7) Local agencies: retailers. Location: SENATE GOV. & F. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Current law prohibits a local agency, defined to mean all cities and counties, from entering into any form of agreement that would result, directly or indirectly, in the payment, transfer, diversion, or rebate of Bradley-Burns local tax revenues to any person, as defined, for any purpose, if the agreement results in a reduction in the amount of Bradley-Burns local tax revenues that, in the absence of the agreement, would be received by another local agency and the retailer continues to maintain a physical presence within the territorial jurisdiction of that other local agency, with specified exceptions. This bill would additionally prohibit, on or after January 1, 2020, a local agency from entering into any form of agreement that would result, directly or indirectly, in the payment, transfer, diversion, or rebate of Bradley-Burns local tax revenues to any retailer, as defined, in exchange for the retailer locating a warehouse, sales center, or fulfillment center within the territorial jurisdiction of the local agency if the warehouse, sales center, or fulfillment center would generate revenue for the local agency under the Bradley-Burns Uniform Local Sales and Use Tax Law. SB 621 Glazer D ( Dist. 7) California Environmental Quality Act: court actions or proceedings: affordable housing projects. Location: SENATE JUD. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would require the Judicial Council, by July 1, 2020, to adopt a rule of court applicable to an action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report for an affordable housing project, as defined, or the granting of an approval of an affordable housing project that requires the action or proceeding, including any potential appeals therefrom, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceeding with the court. SB 676 Bradford D ( Dist. 35) Transportation electrification: electric vehicles: grid integration. Location: SENATE E. U., & C. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update) Dead Conc. 1st House 2nd House
Would require the PUC, by December 31, 2020, in an existing proceeding, to establish targets to be achieved by 2025 and 2030 for electric vehicle grid integration, as defined, for the service territory of each electrical corporation with at least 200,000 customers, subtargets for community choice aggregators with at least 200,000 customers in that service territory, and subtargets for electric service providers as the PUC deems just and reasonable. SB 695 Portantino D ( Dist. 25) Land use planning: housing element: foster youth placement. Location: SENATE HUM. S. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
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Packet Pg. 167 16.a Would authorize a city that has a housing element that has been approved by the Department of Housing and Community Development, as specified, to meet 5% of its share of the regional housing need by adopting of a program that meets certain, listed requirements, including that the program actively promote and assist in the placement of foster youth in existing family-based households, as specified, and be approved by the council of governments that assigns the city’s share of regional housing needs or, in the absence of a council, by the department. SB 732 Allen D ( Dist. 26) Transactions and use tax: South Coast Air Quality Management District. Location: SENATE GOV. & F. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would authorize the south coast district board to impose a transactions and use tax within the boundaries of the south coast district, as specified, with the moneys generated from the transactions and use tax to be used to supplement existing revenues being used for south coast district purposes, as specified.(2)This bill would make legislative findings and declarations as to the necessity of a special statute for the South Coast Air Quality Management District. Position: Oppose SB 736 Umberg D ( Dist. 34) Creative Economy Incentive Program. Location: SENATE B., P. & E.D. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
Would, until an unspecified date, enact the Creative Economy Incentive Program, which would be administered by GO-Biz, for the purpose of providing loans to cities, counties, and joint powers agencies to provide assistance in financing a creative economy event. The bill would require a city, county, or joint powers agency to apply to GO- Biz for a loan pursuant to the program on an application that contains specified minimum information. The bill would require an applicant who receives funds under these provisions to comply with repayment and reporting requirements. The bill would authorize the office to form a steering committee to make recommendations to the office regarding applicants under the program. SCA 1 Allen D ( Dist. 26) Public housing projects. Location: SENATE HOUSING 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead Conc. 1st House 2nd House
The California Constitution prohibits the development, construction, or acquisition of a low-rent housing project, as defined, in any manner by any state public body until a majority of the qualified electors of the city, town, or county in which the development, construction, or acquisition of the low-rent housing project is proposed approve the project by voting in favor at an election, as specified. This measure would repeal these provisions. Attachment: Bill Report 4-17-19 (5728 : State and Federal Legislative Update)
Total Measures: 116
Total Tracking Forms: 116
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Packet Pg. 168 17
Minute Action
AGENDA ITEM: 17 Date: May 1, 2019 Subject: Hearings to Consider Resolutions of Necessity for Property Interests for the Interstate 10 (“I- 10”) Corridor Contract 1 Project (the “Project”) in the Cities of Montclair, Upland and Ontario Recommendation: That the Board of Directors, acting as the San Bernardino County Transportation Authority: A. Conduct public hearings to consider condemnation of interests in real property required for the Project in the Cities of Montclair, Upland and Ontario. B. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No. 19-114 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: Pacific Monte Vista LP, a Delaware limited partnership, (Assessor’s Parcel Number [APN] 1008-331-16) (hereinafter “Pacific Monte Vista 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. 19-115 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 for the Project from: James Lawrence Deason, Trustee of the Mary A. Pratt Family Provisions under the Robert T. Pratt and Mary A. Pratt Family Trust, dated September 1, 2000, (APN 1047-252-20) (hereinafter “Pratt Trust 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. 19-116 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 for the Project from: T & S Allied Investments LLC., a California Limited Liability Company (APN 1047-172-17) (hereinafter “T & S Allied 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. 19-117 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: Trac Ngoc Pham and Cindy Huong Giang Dang, husband and wife, as Trustees of The Pham and Dang Family Trust, a Revocable Living Trust dated October 5th, 2018 (APN 1047-424-03) (hereinafter “Pham 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. 19-113 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: PanCal Ontario Phase Two 255 LLC, a Delaware limited liability company (APN 0238-051-39 and APN 0238-051-40) (hereinafter “PanCal Ontario Property”). The Resolution must be approved by at least a two-thirds majority.
Entity: San Bernardino County Transportation Authority Packet Pg. 169 17 Board of Directors Agenda Item May 1, 2019 Page 2
Background: On June 12, 2017, the San Bernardino County Transportation Authority (“SBCTA”) Board of Directors approved Cooperative Agreement No. 17-1001736 with the California Department of Transportation (“Caltrans”) for the Right-of-Way (“ROW”) and Design-Build (“DB”) phase activities for the Project, defining roles, responsibilities, and funding associated with the DB 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 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.
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 the adoption of Resolutions of Necessity is recommended for the subject properties 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 owners of the five (5) properties are: o Pacific Monte Vista LP, a Delaware limited partnership o James Lawrence Deason, Trustee of the Mary A. Pratt Family Provisions under the Robert T. Pratt and Mary A. Pratt Family Trust, dated September 1, 2000 o T & S Allied Investments LLC., a California Limited Liability Company
San Bernardino County Transportation Authority Packet Pg. 170 17 Board of Directors Agenda Item May 1, 2019 Page 3
o Trac Ngoc Pham and Cindy Huong Giang Dang, husband and wife, as Trustees of The Pham and Dang Family Trust, a Revocable Living Trust dated October 5th, 2018 o PanCal Ontario Phase Two 255 LLC, a Delaware limited liability company
Support for the Resolutions of Necessity SBCTA is authorized to acquire property by eminent domain pursuant to the California Public Utilities Code Sections 130220.5 and 130809(b)(4). Eminent domain will allow SBCTA to obtain legal rights to the property interests needed for the Project if a negotiated sale cannot be reached. A Resolution of Necessity is the first step in the eminent domain process. Since the process takes several months, it is necessary to start this process now to ensure that the property interests are obtained to meet the scheduled start of construction in Summer 2019 and to avoid costly ROW delays.
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 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.
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
San Bernardino County Transportation Authority Packet Pg. 171 17 Board of Directors Agenda Item May 1, 2019 Page 4 eliminating seven potential full acquisitions. However, the Project still requires partial acquisitions, the relinquishment of abutter’s rights (including access rights), utility easements, footing easements, anchor wall easements, 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 ROW, acquisition of the following property interests are needed from the properties listed below:
. Pacific Monte Vista Property: Two partial fee acquisitions, a permanent subsurface easement (footing), three permanent utility easements, and four temporary construction easements are needed from the Pacific Monte Vista Property to provide a work area to accommodate widening improvements, a foundation footing for a retaining wall, and accommodate utility relocations.
. Pratt Trust Property: A permanent subsurface easement (anchor wall), is needed from the Pratt Trust Property to accommodate the anchors for an anchored retaining wall to support the mainline widening improvements.
. T & S Allied Property: A temporary construction easement is needed from the T & S Allied Property to accommodate improvements to 6th Street, and accommodate construction to replace the 6th Street bridge overcrossing.
. Pham Property: Two temporary construction easements are needed from the Pham Property. The first temporary construction easement is needed to accommodate improvements to 6th Street, and accommodate construction to replace the 6th Street bridge overcrossing. The second temporary construction easement is needed to provide a work area to construct a soundwall.
. PanCal Ontario Property: A partial fee acquisition, a permanent subsurface easement (footing), and two temporary construction easements are needed from the PanCal Ontario Property to provide a work area to accommodate widening improvements and a foundation footing for a retaining wall.
4. Offers required by Section 7267.2 of the Government Code have been made to the owner or owners of record.
The acquisitions required from the properties listed below were appraised and offers for the full amount of the appraisals were made to the owner or owners of record in accordance with Section 7267.2 of the Government Code. . The offer for the Pacific Monte Vista Property was presented on 2/11/19. San Bernardino County Transportation Authority Packet Pg. 172 17 Board of Directors Agenda Item May 1, 2019 Page 5
. The offer for the Pratt Trust Property was presented on 2/26/19. . The offer for the T & S Allied Property was presented on 2/28/19. . The offer for the Pham Property was presented on 2/26/19. . The offer for the PanCal Ontario Property was presented on 2/13/19. 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. Financial Impact: This item is consistent with the Fiscal Year 2018/2019 Budget under Task No. 0820 Freeway Projects, Sub-Task No. 0823 I-10 Corridor Phase I. Reviewed By: This item was reviewed and recommended (15-0-0) to proceed to Hearings of Resolutions of Necessity by the Board of Directors with a quorum of the Board present at the Board of Directors Metro Valley Study Session on April 11, 2019. SBCTA General Counsel has reviewed this item and the draft resolutions. Responsible Staff: Brenda Schimpf, Right-of-Way Consultant
Approved Board of Directors Date: May 1, 2019 Witnessed By:
San Bernardino County Transportation Authority Packet Pg. 173 17.a
Attachment A
PowerPoint Presentation and Letters Submitted for the Public Hearing Attachment: RON Presentation and Public Letters (5701 : RONs I-10 Contract 1)
Packet Pg. 174 17.a 4/16/2019
I-10 CORRIDOR CONTRACT 1 PROJECT
RESOLUTION OF NECESSITY FOR PROJECT RIGHT-OF-WAY
Presenter: Brenda Schimpf SBCTA Right-of-Way Advisor
Board of Directors Meeting
May 1, 2019
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 Attachment: RON Presentation and Public Letters (5701 : RONs I-10 Contract 1) the project
4. The offer of just compensation has been made to the property owner
SBCTA Request
Packet Pg. 1751 17.a 4/16/2019
. Highway widening to provide two Express Lanes in each direction of I-10 from the LA/SBd County Line to I-10/I-15 interchange, including lane transitions
. Reconstruct 8 bridges and widen 12 bridges
. Reconstruct and/or modify interchange ramps, arterials, and retaining wall structures
. Sound walls as required by the Environmental Document
I-10 Contract Improvements Attachment: RON Presentation and Public Letters (5701 : RONs I-10 Contract 1)
Parcel Locations
Packet Pg. 1762 17.a 4/16/2019
Pacific Monte Vista Property APNs 1008-331-16 Attachment: RON Presentation and Public Letters (5701 : RONs I-10 Contract 1)
Pratt Trust Property APN 1047-252-20
Packet Pg. 1773 17.a 4/16/2019
T & S Allied Property APN 1047-172-17 Attachment: RON Presentation and Public Letters (5701 : RONs I-10 Contract 1)
Pham Property APN 1047-424-03
Packet Pg. 1784 17.a 4/16/2019
PanCal Ontario Property APNs 0238-051-39 and 0238-051-40
Date of First In Person Phone No. Ownership Contact Meetings Mailings Contacts E‐Mails Total
B. Pacific Monte Vista Property –APN 1008‐331‐16 1/25/2018 034411
C. Pratt Trust Property –APN – 1047‐252‐20 2/22/2019 127313
D. T & S Allied Property –APN 1047‐172‐17 2/26/2019 1141319
E. Pham Property – APN 1047‐424‐03 2/25/2019 1112923
PanCal Ontario Property –APNs 0238‐051‐39 and F. 2/13/2019 1261322 Attachment: RON Presentation and Public Letters (5701 : RONs I-10 Contract 1) 0238‐051‐40
Communications as of April 16, 2019
Communication Summary
Packet Pg. 1795 17.a 4/16/2019
Item Ownership Offer Date
B. Pacific Monte Vista Property APN 1008‐331‐16 2/11/2019
C. Pratt Trust Property APN – 1047‐252‐20 2/26/2019
D. T & S Allied Property APN 1047‐172‐17 2/28/2019
E. Pham Property APN 1047‐424‐03 2/26/2019
F. PanCal Ontario Property APNs 0238‐051‐39 and 0238‐051‐40 2/13/2019
Offers of Just Compensation
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 Attachment: RON Presentation and Public Letters (5701 : RONs I-10 Contract 1)
4. The offer of just compensation has been made to the property owner
Staff Recommendation
Packet Pg. 1806 17.a 4/16/2019
THANK YOU Attachment: RON Presentation and Public Letters (5701 : RONs I-10 Contract 1)
Packet Pg. 1817 17.a IJ GreenbergTraurig
Lisa C. Mccurdy Tel 310.586.6512 Fax 310.586.7800 [email protected]
April 11, 2019
Via Personal Delivery
Clerk of the Board of Directors San Bernardino County Transportation Authority, Board of Directors 1170 W. 3rd Street Second Floor San Bernardino, CA 92410
ALBANY AMSTERDAM Re: San Bernardino County Transportation Authority, Proposed acquisition of ATLANTA
interests in APNs 1008-331-16 & 1008-341-08 (I-10 Corridor Contract 1 Project) :~:L~~N- BOCA RATON BOSTON CHICAGO Dear Board Members and Clerk of the Board: DALLAS DELAWARE DENVER This firm represents Pacific Monte Vista, LP ("PMV") with respect to the referenced FORT LAUDERDALE HOUSTON property located at 9365 Monte Vista Ave., Montclair, CA 91763 ("Subject Property"), LAS VEGAS which the San Bernardino County Transportation Authority ("SBCTA") s~eks to acquire LONDON* LOS ANGELES in various forms (fee title, temporary easement, permanent easement, etc.) Please MEXICO CITy+ MIAMI copy this firm on any further correspondence related to this matter. MILAN" NEW JERSEY Please make this letter part of the record and noted as an objection to the adoption NEW YORK NORTHERN VIRGINIA of a Resolution of Necessity referenced in your Notice .of Intent letter mailed on April ORANGE COUNTY ORLANDO 1, 2019. On behalf of PMV, we request the right to appear and be heard at the SBCTA PHILADELPHIA meeting to be held on May 1, 2019, at 10:00 a.m. PHOENIX ROME" SACRAMENTO PMV is dissatisfied with the amount offered and reserves the right to seek greater SAN FRANCISCO SEOUL- compensation, but that is not the basis for this objection; we understand that the SHANGHAI determination of compensation is for a later day. This objection is based on the (b), SILICON VALLEY TALLAHASSEE Attachment: RON Presentation and Public Letters (5701 : RONs I-10 Contract 1) ( c), and ( d) required findings set forth in the Notice of Intent. Specifically, (i) the TAMPA portion of the project impacting PMV is not planned or located in a manner that will TEL AVIVA TOKYO' be compatible with the least private injury, (ii) the property sought to be acquired is WARSAW" WASHINGTON, D.C. not necessary for the project, and (iii) the appraisal performed and, therefore, the WESTCHESTER COUNT\ offer made to PMV does not adequately account for the highest and best value of the WEST PALM BEACH -OPERATES AS GREENBERG property as is required by Cal. Govt. Code Section 7267 .2 and, accordingly, there has TRAURIG GERMANY. LLP *OPERATES AS GREENBERG TRAURIG MAHER LL been no offer of just compensation. 'OPERATES AS GREENBERG TRAURIG. S.C "STRATEGIC ALLIANCE "OPERATES AS GREENBERG TRAURIG LLP FOREIGN LEGAL CONSULTANT OFFI( 'A BRANCH OF GREENBERG TRAURIG. P.A .. FLORIDA, USA GREENBERG TRAURIG, LLP • ATTORNEYS AT LAW • WWW.GTLAW.COM "OPERATES,IS GT TOKYO HOR!TSU JIMUSHO ·OPERATES AS GREENBERG 1840 Century Park East • Suite 1900 1:11 Los Angeles, CA 90067 • Tel 310.586.7700 • Fax 310.586.7800 TRAURIG GRZESIAK SP.K. Packet Pg. 182 17.a
April 12, 2019 Page I 2
First, the proposed taking creates undue hardship on and substantial damage to PMV and the surrounding business and has a significant detrimental impact on the future planned use for the property. The balancing of costs that would be incurred by SBCTA by adjusting the take area are outweighed by the losses to be suffered by PMV in terms of the future restrictions to the property (both permanent and temporary) and the impact of those takings on the highest and best use of the property (which the appraiser concludes to be zero.)
Second, and relatedly, the offer made contemplates a part take in both temporary and permanent forms. PMV believes the impact of the taking on the larger parcel eviscerates any possibility of realizing the highest and best use of the property. PMV's evaluation is ongoing, but it is not complete as of the deadline to submit this objection. This is critical because if continued use of the remainder differs from the current highest and best use of the larger parcel, a full taking of the property would be more appropriate than a partial taking. Again, this analysis is ongoing. ·
For these reasons, and although PMV has not, to our knowledge, been provided with a draft resolution, it is PMV's position that SBCTA has not yet complied with the requirements of CCP section 1245.230. This matter should be postponed, and no notice of hearing should be given, until such a compliant offer has been made.
For the reasons stated, we request that this matter be put over to at least your next hearing to afford the Co-Owners the opportunity to complete the required analysis regarding full vs. part take and for a proper and complete offer to be made. If the matter is not continued as requested, the Co-Owners ask that the Resolution of Necessity not be adopted.
Thank you for your consideration of this. Please let us know at the earliest time if this matter will be postponed. If not, we reiterate our request to appear and be heard.
ga~ds, / / Lisa C. Mccurdy d ~ Attachment: RON Presentation and Public Letters (5701 : RONs I-10 Contract 1) Shareholder (} cc: Victoria Cook Kelley Kelley Rebecca Smith LCM:ccc GREENBERG TRAURIG, LLP • ATIORNEYS AT LAW • WWW.GTLA W.COM Packet Pg. 183 17.b Attachment: Pacific Monte Vista - final draft RON (5701 : RONs I-10 Contract 1) Attachment: Pacific Monte Vista - final draft RON (5701 : RONs I-10 Packet Pg. 184 17.b Attachment: Pacific Monte Vista - final draft RON (5701 : RONs I-10 Contract 1) Attachment: Pacific Monte Vista - final draft RON (5701 : RONs I-10 Packet Pg. 185 17.b Attachment: Pacific Monte Vista - final draft RON (5701 : RONs I-10 Contract 1) Attachment: Pacific Monte Vista - final draft RON (5701 : RONs I-10 Packet Pg. 186 17.b Attachment: Pacific Monte Vista - final draft RON (5701 : RONs I-10 Contract 1) Attachment: Pacific Monte Vista - final draft RON (5701 : RONs I-10 Packet Pg. 187 17.b Attachment: Pacific Monte Vista - final draft RON (5701 : RONs I-10 Contract 1) Attachment: Pacific Monte Vista - 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final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 269 17.c Attachment: Pratt Trust - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 270 17.c Attachment: Pratt Trust - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 271 17.c Attachment: Pratt Trust - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 272 17.d Attachment: T&S Allied - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 273 17.d Attachment: T&S Allied - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 274 17.d Attachment: T&S Allied - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 275 17.d Attachment: T&S Allied - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 276 17.d Attachment: T&S Allied - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 277 17.d Attachment: T&S Allied - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 278 17.d Attachment: T&S Allied - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 279 17.d Attachment: T&S Allied - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 280 17.d Attachment: T&S Allied - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 281 17.e Attachment: Pham - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 282 17.e Attachment: Pham - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 283 17.e Attachment: Pham - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 284 17.e Attachment: Pham - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 285 17.e Attachment: Pham - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 286 17.e Attachment: Pham - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 287 17.e Attachment: Pham - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 288 17.e Attachment: Pham - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 289 17.e Attachment: Pham - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 290 17.e Attachment: Pham - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 291 17.e Attachment: Pham - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 292 17.e Attachment: Pham - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 293 17.e Attachment: Pham - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 294 17.f Attachment: Pancal Ontario - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 295 17.f Attachment: Pancal Ontario - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 296 17.f Attachment: Pancal Ontario - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 297 17.f Attachment: Pancal Ontario - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 298 17.f Attachment: Pancal Ontario - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 299 17.f Attachment: Pancal Ontario - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 300 17.f Attachment: Pancal Ontario - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 301 17.f Attachment: Pancal Ontario - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 302 17.f Attachment: Pancal Ontario - 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final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 314 17.f Attachment: Pancal Ontario - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 315 17.f Attachment: Pancal Ontario - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 316 17.f Attachment: Pancal Ontario - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 317 17.f Attachment: Pancal Ontario - final draft RON (5701 : RONs I-10 Contract 1) Packet Pg. 318 18 Minute Action AGENDA ITEM: 18 Date: May 1, 2019 Subject: Fiscal Year 2019/2020 Proposed SBCTA Budget and Fiscal Year 2019/2020 SBCOG Budget Workshop Recommendation: That the Board, acting as the San Bernardino County Transportation Authority (SBCTA): A. Receive the Fiscal Year 2019/2020 Initiatives and Action Plan. B. Receive a presentation of the Fiscal Year 2019/2020 Proposed Budget. C. Conduct Board of Directors Workshop for SBCTA Proposed Fiscal Year 2019/2020 Budget at the May 1, 2019 Board Meeting. That the Board, acting as the San Bernardino Associated Governments (SBCOG): D. Adopt the Fiscal Year 2019/2020 Budget for SBCOG with appropriations of $1,834,285, transfers out of $145,250 and estimated revenues of $843,469. Background: The San Bernardino County Transportation Authority’s (SBCTA) Fiscal Year 2019/2020 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 2019/2020 Initiatives and Action Plan will be provided as a separate attachment and included in the proposed budget document (pages 16-19). The proposed budgets for SBCTA and San Bernardino Associated Governments, also known as the San Bernardino Council of Governments (SBCOG), for Fiscal Year 2019/2020 are complete. SBCOG is a blended component unit of SBCTA. Therefore, SBCOG’s estimated revenues and appropriations are included in the SBCTA budget. SBCTA develops a program-based budget which is adopted with funding source detail. The modified accrual basis (where revenues are recognized when received and available to meet current year obligations) is the basis for the Fiscal Year 2019/2020 Budget. SBCTA’s budget process includes a review of the Board’s direction as it relates to short term goals and how it integrates with the agency’s long term goals and objectives. As part of this review, staff analyzes the resources available to help meet the short term goals as set forth in the Fiscal Year Budget. The budget process is structured to provide the maximum level of input from Board members. There are four (4) phases of the budget process: 1. General overview of major programs was presented at the Board of Directors Metro Valley Study Session and the Mountain/Desert Policy Committee meetings in February 2019. The general overview identified activities for each program in the current fiscal year and goals for the next fiscal year. This information is posted on SBCTA’s website. Entity: San Bernardino Council of Governments, San Bernardino County Transportation Authority Packet Pg. 319 18 Board of Directors Agenda Item May 1, 2019 Page 2 2. During the month of March 2019, SBCTA policy committees reviewed the task descriptions and budgets under their purview. This included the General Policy Committee, Transit Committee, Mountain/Desert Policy Committee, and the Board of Directors Metro Valley Study Session. Task information included purpose, accomplishments, work elements, product, contract information, detailed local funding, expenditure detail and funding sources. 3. During the month of May 2019, the Fiscal Year 2019/2020 Proposed SBCTA Budget is submitted to the Board of Directors and a budget workshop is conducted to provide input and direction. The proposed budget document provides an introduction, budget overview, revenue detail, program expenditure detail and supplemental information (including indirect cost detail information). The proposed budget is posted on SBCTA’s website for reference. 4. A public hearing will be conducted followed by adoption of the Fiscal Year 2019/2020 Budget at the June 5, 2019, Board of Directors Meeting. SBCTA is required to publish notice of the time and place of the public hearing for adoption of the annual budget (Public Utilities Code Sec. 130106/Government Code Sec 6061). The budget schedule also sets the date for the public hearing at the June 5, 2019, Board of Directors Meeting at 10:30 a.m. The adoption of a resolution to establish the Appropriations Limitation will be provided with the Budget adoption since information is unavailable until mid-May, when the State Department of Finance releases price and population information. The San Bernardino Associated Governments Joint Exercise of Powers Agreement and Bylaws require adoption of the annual SBCOG Budget before May 15th of each fiscal year; therefore, staff recommendation D is to adopt the SBCOG Proposed Fiscal Year 2019/2020 Budget. Changes/Updates to Budget Document Budget summaries for all governmental funds, changes in fund balances, fund type, and major object expenditures are included in the Budget Overview Section. The Revenue Detail Section provides detailed revenue information for each major fund, non-major funds, and enterprise fund. The following new items are incorporated and updated in the Fiscal Year 2019/2020 budget document: 1. Indirect costs are not allocated to various funds but recorded in one fund with revenue sources allocated from various Measure I funds, Local Transportation Funds (LTF), Council of Governments (COG), and Service Authority for Freeway Emergencies (SAFE). 2. Measure I reserves estimated at $20,821,730 are based on the sales tax projection for Fiscal Year 2019/2020, reserves are established for LTF at $9,674,629, State Transit Assistance Funds (STAF) at $2,503,353, and Indirect Funds at $1,235,775. 3. Budgeted transfers mainly consist of the following: to fund various rail projects, to fund indirect costs and establish reserves for the Depot, information systems and emergencies, San Bernardino Council of Governments San Bernardino County Transportation Authority Packet Pg. 320 18 Board of Directors Agenda Item May 1, 2019 Page 3 record short-term borrowing via commercial paper, and fund expenditures pending reimbursement from Federal and State agencies. Detailed explanations for operating transfers are provided on page 43 of the proposed budget document. 4. Short-term financing for the Mount Vernon Viaduct project is expected since a cash flow deficit is projected in mid-Fiscal Year 2019/2020 as federal funding is not available until later in the project. 5. Cash flow borrowing will be required from Property Assessed Clean Energy Program to Department of Energy Grant and from Measure I Valley-Freeway to the Interstate 10 (I-10) Express Lane fund to cover expenditures while obtaining reimbursement from Federal and State grants. 6. Allocation of debt service by program area is provided on page 257, Debt Service Program Budget, of the proposed budget document. The budget reflects the same level of staffing as the prior fiscal year, remaining at 64 regular full-time equivalent positions. The budget includes $340,412 to allow the Executive Director to grant merit increases of up to 5% and a $212/year increase to the medical premium subsidy. Two positions are reclassified to align with the complexity and responsibilities as described on page 30 of the proposed budget. Estimated revenues for Fiscal Year 2019/2020 are $749,971,069. The following is a summary of major revenue sources: Funding Source SBCTA SBCOG Total Measure I Sales Tax $ 166,900,000 $ - $ 166,900,000 Local Transportation Fund 96,746,294 - 96,746,294 Intergovernmental 464,787,763 310,966 465,098,729 Charges for Services 601,214 - 601,214 Special Assessments - 253,143 253,143 Investment earnings and Miscellaneous 20,092,329 279,360 20,371,689 Total Revenues $ 749,127,600 $ 843,469 $ 749,971,069 Measure I sales tax revenue is expected to increase by $4.1 million or 2.5% from the previous year based on recent economic forecasts. Total revenues are estimated to increase by $180.3 million mainly due to additional Federal, State and local reimbursements. Proposed Fiscal Year 2019/2020 appropriations are $927,199,552 and transfers are $102,615,788. The following is a summary of proposed program expenditures: San Bernardino Council of Governments San Bernardino County Transportation Authority Packet Pg. 321 18 Board of Directors Agenda Item May 1, 2019 Page 4 Program SBCTA SBCOG Total General Government $ 11,690,596 $ 1,234,484 $ 12,925,080 Environment and Energy Conservation 3,369,573 379,213 3,748,786 Commuter and Motorist Assistance 11,851,575 - 11,851,575 Regional and Subregional Planning 3,287,584 220,588 3,508,172 Transit 332,857,329 - 332,857,329 Project Delivery 458,733,429 - 458,733,429 Fund Administration 89,877,737 - 89,877,737 Debt Service 12,905,255 - 12,905,255 Enterprise 792,189 - 792,189 Total Expenditures $ 925,365,267 $ 1,834,285 $ 927,199,552 Other Funding Sources Transfers in $ 102,615,788 $ - $ 102,615,788 Transfers out (102,470,538) (145,250) (102,615,788) Commercial Paper (short-term borrowing) 45,000,000 - 45,000,000 Total Other Financing Sources $ 45,145,250 $ (145,250) $ 45,000,000 Project Delivery, Transit and Fund Administration represent 95.06% of appropriations. These three programs include a substantial investment in highway and arterial construction, commuter rail projects, and pass-through funds for local transit and street improvements. The total proposed expenditures are more than the previous year by $180.1 million. The increase is attributed to a number of large projects commencing construction. Financial Impact: The Fiscal Year 2019/2020 Budget establishes the financial, staffing and work product authority for activities during the coming fiscal year. Estimated revenues for Fiscal Year 2019/2020 are $749,971,069, appropriations are $927,199,552, the difference of $177,228,483 is funded with fund balances and short-term borrowing of $45 million via commercial paper, and transfers are $102,615,788. Reviewed By: The Board of Directors during the Metro Valley Study Session and Mountain/Desert Policy Committee meetings reviewed the Budget Overview for each program. All SBCTA policy committees have reviewed task descriptions and budget for activities under their purview. Responsible Staff: Hilda Flores, Chief Financial Officer Approved Board of Directors Date: May 1, 2019 Witnessed By: San Bernardino Council of Governments San Bernardino County Transportation Authority Packet Pg. 322 18.a 2019 / 2020 Budget Presentation Where does the money come from? Sales Tax- LTF $96.7 Million Intergovernmental $465.1 Million Sales Tax- Measure I $166.9 Million Attachment: Budget Presentation (5004 : Fiscal Year 2019/2020 Proposed SBCTA Budget) Fund Balance $132.2 Million Other Revenues $21.2 Million Commercial Paper (Short Term Borrowing) $45 Million Packet Pg. 323 18.a Where does the money go? Project Delivery $458.7 Million Transit $332.9 Million Fund Administration Other Expenditures $89.9 Million $32.8 Million Debt Service $12.9 Million Budget Summary by Organization Type Attachment: Budget Presentation (5004 : Fiscal Year 2019/2020 Proposed SBCTA Budget) Packet Pg. 324 18.a Budget Summary by Organization Type Budget Summary by Major Object Expenditure Professional Other Pass Salaries and and Technical Property Services and Throughs and Capital Debt Benefits Services Services* Charges Allocations Supplies Outlay Service Total General Government 6,008,789 3,568,706 1,499,700 1,132,025 211,900 503,960 - 12,925,080 Environment and Energy Conservation 257,123 2,981,338 450 171,250 - 8,625 330,000 - 3,748,786 Commuter and Motorist Assistance 457,278 9,151,727 1,525,720 644,400 - 17,450 55,000 - 11,851,575 Regional and Subregional Planning 1,084,309 1,649,153 - 771,260 - 1,450 2,000 - 3,508,172 Transit 1,626,557 27,488,656 123,645,083 161,439,432 - 9,600 18,648,001 - 332,857,329 Project Delivery 1,213,574 91,022,593 363,548,904 2,937,158** - 1,200 10,000 - 458,733,429 Fund Administration 1,142,887 10,100 - 43,757,350 44,966,000 1,400 - - 89,877,737 Debt Service ------12,905,255 12,905,255 Express Lanes 772,189 - - 20,000 - - - - 792,189 Total Expenditures 12,562,706 135,872,273 490,219,857 210,872,875 44,966,000 251,625 19,548,961 12,905,255 927,199,552 * Property Services include construction and right of way among other expenses (see pg 275-276 Object Category List for more detail ) ** Other Services and Charges include interest expense related to Commercial Paper (Short Term Borrowing). Attachment: Budget Presentation (5004 : Fiscal Year 2019/2020 Proposed SBCTA Budget) Pass Throughs and Allocations 4.85% Other Services and Charges 22.74% Supplies 0.03% Capital Outlay 2.11% Property Services Professional and Debt Service 52.87% Technical Services 1.39% 14.65% Salaries and Benefits 1.36% Packet Pg. 325 18.a Indirect Budget Funding Source for Indirect Costs Local Transportation Fund – Administration$ 356,323 Local Transportation Fund – Planning 1,796,262 Service Authority for Freeway Emergencies Fund 249,287 Sales Tax MSI – Valley Freeway 1,475,166 Sales Tax MSI –Valley Interchange 633,671 Sales Tax MSI – Valley Grade Separation 322,935 Sales Tax MSI –Valley Arterial 1,093,444 Sales Tax MSI – Valley Rail 1,026,077 Sales Tax MSI –Valley Bus Rapid Transit 93,691 Sales Tax MSI –Victor Valley Major Local Highway 159,062 Attachment: Budget Presentation (5004 : Fiscal Year 2019/2020 Proposed SBCTA Budget) Sales Tax MSI – North Desert Major Local Highway 15,202 Sales Tax MSI – Colorado River Major Local Highway 446 Sales Tax MSI – Morongo Basin Major Local Highway 8,871 Sales Tax MSI – Mountain Major Local Highway 812 Council of Governments 139,838 Total Revenue allocation per Policy 20600$ 7,411,087 Santa Fe Depot Rental Income and other reimbursements 280,097 Total Indirect Costs$ 7,691,184 Packet Pg. 326 18.a Reserves for Measure I Funds Reserves for TDA and Indirect Fund Attachment: Budget Presentation (5004 : Fiscal Year 2019/2020 Proposed SBCTA Budget) Packet Pg. 327 ADDITIONAL INFORMATION Communication: Attendance (Additional Information) Packet Pg. 328 BOARD OF DIRECTORS ATTENDANCE RECORD – 2019 Aug Jan Feb March April May June July Sept Oct Nov Dec Name DARK Robert A. Lovingood X X X Board of Supervisors Janice Rutherford X X Board of Supervisors Dawn Rowe X X Board of Supervisors Curt Hagman X X X Board of Supervisors Josie Gonzales X X X Board of Supervisors Gabriel Reyes X City of Adelanto Art Bishop X X X X Town of Apple Valley Julie McIntyre X X X X City of Barstow Bill Jahn X X X City of Big Bear Lake Eunice Ulloa X X X X City of Chino Ray Marquez X X X X City of Chino Hills Frank Navarro X X X X Communication: Attendance (Additional Information) City of Colton Acquanetta Warren X X X City of Fontana * Darcy McNaboe X X X X City of Grand Terrace Bill Holland X City of Hesperia * * * 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. 329 BOARD OF DIRECTORS ATTENDANCE RECORD – 2019 Aug Jan Feb March April May June July Sept Oct Nov Dec Name DARK Larry McCallon X X X X City of Highland Rhodes ‘Dusty’ Rigsby X X X X City of Loma Linda John Dutrey X X X X City of Montclair Edward Paget X X X X City of Needles Alan Wapner X X X City of Ontario L. Dennis Michael X X X City of Rancho Cucamonga * Toni Momberger * X X City of Redlands Attended as the Alternate Deborah Robertson X X X City of Rialto John Valdivia X X X X City of San Bernardino Joel Klink X X X City of Twentynine Palms * Debbie Stone X X X City of Upland Jim Cox X X X City of Victorville * Communication: Attendance (Additional Information) David Avila X X X X City of Yucaipa Rick Denison X X X Town of Yucca Valley Janice Benton Syed Raza X Ex-Official Member Michael Beauchamp X X Ex-Official Member 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. 330 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 Communication: Acronym List (Additional Information) 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 Packet Pg. 331 3/16/17 Acronym List 2 of 2 MAGLEV Magnetic Levitation MARTA Mountain Area Regional Transportation Authority MBTA Morongo Basin Transit Authority MDAB Mojave Desert Air Basin MDAQMD Mojave Desert Air Quality Management District MOU Memorandum of Understanding MPO Metropolitan Planning Organization MSRC Mobile Source Air Pollution Reduction Review Committee NAT Needles Area Transit NEPA National Environmental Policy Act OA Obligation Authority OCTA Orange County Transportation Authority PA&ED Project Approval and Environmental Document PASTACC Public and Specialized Transportation Advisory and Coordinating Council PDT Project Development Team PNRS Projects of National and Regional Significance PPM Planning, Programming and Monitoring Funds PSE Plans, Specifications and Estimates PSR Project Study Report PTA Public Transportation Account PTC Positive Train Control PTMISEA Public Transportation Modernization, Improvement and Service Enhancement Account RCTC Riverside County Transportation Commission RDA Redevelopment Agency RFP Request for Proposal RIP Regional Improvement Program RSTIS Regionally Significant Transportation Investment Study RTIP Regional Transportation Improvement Program RTP Regional Transportation Plan RTPA Regional Transportation Planning Agencies SB Senate Bill SAFE Service Authority for Freeway Emergencies SAFETEA-LU Safe Accountable Flexible Efficient Transportation Equity Act – A Legacy for Users SCAB South Coast Air Basin SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SCRRA Southern California Regional Rail Authority SHA State Highway Account SHOPP State Highway Operations and Protection Program SOV Single-Occupant Vehicle SRTP Short Range Transit Plan STAF State Transit Assistance Funds Communication: Acronym List (Additional Information) STIP State Transportation Improvement Program STP Surface Transportation Program TAC Technical Advisory Committee TCIF Trade Corridor Improvement Fund TCM Transportation Control Measure TCRP Traffic Congestion Relief Program TDA Transportation Development Act TEA Transportation Enhancement Activities TEA-21 Transportation Equity Act for the 21st Century TMC Transportation Management Center TMEE Traffic Management and Environmental Enhancement TSM Transportation Systems Management TSSDRA Transit System Safety, Security and Disaster Response Account USFWS United States Fish and Wildlife Service VCTC Ventura County Transportation Commission VVTA Victor Valley Transit Authority WRCOG Western Riverside Council of Governments Packet Pg. 332 AGENCY REPORTS Communication: Mobile Source Air Pollution Reduction Review Committee Agency Report (Agency Reports) Packet Pg. 333 REPORT: Mobile Source Air Pollution Reduction Review Committee FROM: Larry McCallon, SBCTA Representative to the MSRC SYNOPSIS: Below is a summary of key issues addressed at the MSRC’s meeting on March 21, 2019. The next meeting is scheduled for Thursday, April 18, at 2:00 p.m., in Conference Room CC8. Proposal At its March 21, 2019 meeting, the MSRC considered recommendations from its MSRC- TAC and approved the following: FYs 2016-2018 Work Program - Freeway Service Patrols in Riverside County In January 2018, the MSRC approved a contract award to Riverside County Transportation Commission (RCTC) to implement new weekend FSP services along designated freeway segments (referred to as beats) to relieve freeway congestion and facilitate the rapid removal of disabled vehicles as well as vehicles involved in minor accidents. Subsequently, higher than normal rainfall has recently resulted in spectacular poppy growth in the Lake Elsinore area, drawing tremendous crowds and traffic on the weekends. RCTC requested to modify their contract to allow weekend FSP service to be provided on segments of Riverside County highways, such as the Interstate 15 near Lake Elsinore, in addition to the previously designated beats. Service on other beats would need to be within SCAQMD jurisdiction, only when there is an urgent need, and would be limited to a maximum of $50,000. The MSRC considered and approved RCTC’s requested contract modification as part of the FYs 2016-18 Work Program. This modification will be considered by the SCAQMD Board at its April 5, 2019 meeting. FYs 2018-2021 Work Program - Major Event Center Transportation Program The MSRC approved the release of Program Announcement #PA2019-03 under the FYs 2018-21 Work Program. The PA, with an initial targeted funding amount of $6,500,000 (inclusive of the $1,163,485 award to Metro below), solicits applications from qualifying Communication: Mobile Source Air Pollution Reduction Review Committee Agency Report (Agency Reports) major event centers and/or transportation providers to provide transportation service for venues not currently served by sufficient transportation service. To qualify, an event center must have an occupancy capacity of at least 7,500, and an average event attendance of at least 5,000. The applicant must demonstrate that the center is impacted by traffic to the extent that the design capacity of the surrounding streets is exceeded. Packet Pg. 334 Applications may be submitted at any time from April 5, 2019 to March 30, 2021, and projects will be brought to the MSRC for consideration of awards throughout this period. The maximum total funding award to any entity shall not exceed $3,250,000. The MSRC can waive this funding restriction in the event the MSRC does not receive sufficient meritorious applications from other bidders to utilize the remaining funds, or if the MSRC allocates additional funds to the Program. Applicants are eligible to propose a maximum of two consecutive event seasons in any one application. The PA will be considered by the SCAQMD Board at its April 5, 2019 meeting. Dodger Stadium Express Service for 2019 The Major League Baseball season begins March 28. In recognition that the Major Event Center Transportation PA cannot be released until April 5 at the earliest, at their February 21, 2019 meeting the MSRC authorized Metro to submit an application for consideration by MSRC at the MSRC’s March meeting, under the condition that Metro agrees to abide by all recommendations resulting from the MSRC-TAC process and they agree to potential negotiations to revise their proposed project prior to contract execution. Metro submitted an application seeking $1,163,485 in MSRC funding assistance to implement special transit service to one preseason game, 81 regular season games, up to two special events, and up to ten post-season playoff games in 2019. Consistent with the proposed Program Announcement, service would be provided between Union Station and Dodger Stadium by vehicles equipped with engines meeting the California Air Resources Board’s optional 0.02 g/bhp-hr standard for oxides of nitrogen. Service would be provided from at least 90 minutes prior to each event until at least 45 minutes after the game ends or 20 minutes following a special event, whichever is later. Service would promote the use of public transit, including bus and rail, in lieu of personal automobile. Elimination of traffic congestion, especially reductions in automobile stop and go driving and queuing, has a direct link to reduced vehicle exhaust emissions. Metro and the Los Angeles Dodgers would contribute at least $1,491,285 in co-funding. The MSRC approved a sole-source contract award to Metro in an amount not to exceed $1,163,485 as part of the FYs 2018-21 Work Program to implement the 2019 Dodger Stadium Express service. This award will be considered by the SCAQMD Board at its April 5, 2019 meeting. Contract Modification Requests 1. For the City of Palm Springs, Contract #ML12090, which provides $21,163 to install an EV charging station, a 47-month term extension; 2. For the City of Fontana, Contract #ML16047, which provides $500,000 to enhance a Class I Bikeway, a two-year term extension; 3. For the City of South Pasadena, Contract #ML14068, which provides $10,183 to Communication: Mobile Source Air Pollution Reduction Review Committee Agency Report (Agency Reports) install an EV charging station, increase stations from one to two and a 29-month term extension; Packet Pg. 335 4. For the City of South Pasadena, Contract #ML16025, which provides $160,000 towards the purchase of a heavy-duty natural gas vehicle and expansion of a CNG station, a six-month term extension; 5. For the City of Fullerton, Contract #ML16010, which provides $370,500 for the expansion of a CNG station and installation of EV charging stations, remove CNG station expansion, reduce charging stations from eighteen to fourteen, reduce contract value from $370,500 to $78,222, and one-year term extension. Contracts Administrator’s Report The MSRC’s AB 2766 Contracts Administrator provides a written status report on all open contracts from FY 2004-05 through the present. Communication: Mobile Source Air Pollution Reduction Review Committee Agency Report (Agency Reports) Packet Pg. 336 COMMITTEE MEMBERSHIP Communication: Representatives on SCAG Committees (Committee Membership) Packet Pg. 337 April 18, 2019 San Bernardino County Transportation Authority (SBCTA) Page 1 of 1 Representatives on SCAG Committees APPOINTING/ELECTING AUTHORITY REGIONAL POLICY COMMITTEES COUNCIL (Regional Council Members Serve on One Each) (12:15 p.m.) (Subregional Appointments) (County Commissions Appoint One to TC) (10:00 a.m.) Community, Economic, Energy and and Transportation Human Development Environment District 6 (Grand Terrace, Colton, Loma Linda, Redlands, Yucaipa) F. Navarro F. Navarro District 7 (San Bernardino, Highland) L McCallon 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) R. Ramirez San Bernardino County C. Hagman C. Hagman †San Bernardino County Transportation Authority Appointee A. Wapner A. Wapner SBCTA Subregional Appointees* David Avila Cynthia Moran Vacant *One appointee to each policy committee for a total of three appointees per subregion, plus one Ed Paget John Valdivia additional appointee for every SCAG District over three in the subregion. SBCTA has a total of Vacant Vacant seven subregional appointees to the policy committees. *Terms of appointment expire December 31 of odd-numbered years. Rules of Appointment 1. SBCTA policy stipulates that all SBCTA appointees be SBCTA Board Members. 2. SCAG President appoints Regional Council members to Standing and Policy Committees. Terms of Appointment Terms of appointment are two years, commencing on adjournment of the annual General Assembly in May of each year. Even-numbered District representatives’ terms expire in even- numbered years; odd-numbered District representatives expire in odd-numbered years. †SBCTA Regional Council Representative serves a two-year term from the date of appointment. Stipend Summary SCAG Regional Council members receive a $120 stipend for attendance and travel to SCAG sponsored meetings. Regional Council members may also receive reimbursement for public transit expenses or a mileage reimbursement. Parking is validated at SCAG’s downtown Los Angeles office for RC members. RC members are eligible to receive up to six (6) per diem stipends per month. Both RC members and Subregional Appointees, if eligible, may receive reimbursement ($150 + taxes) for lodging (please review SCAG rules before making expenditure). Subregional Appointees shall receive a $120 stipend for up to four Policy or Task Force meetings per month. Meeting Information The regular meetings of SCAG Regional Council and Policy Committees are on the 1st Thursday of each month at the SCAG offices located at 900 Wilshire Blvd., Ste. 700, Los Angeles. Generally, the Policy Committee meetings start at 10 AM and Regional Council meetings start at 12:15 PM. Policy Committees Community, Economic, and Human Development: Provides policy recommendations to the Regional Council on subjects of housing, land use, resource, economic, community Communication: Representatives on SCAG Committees (Committee Membership) 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. Packet Pg. 338 SBCTA Reps on SCAG March 20, 2019 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 Alan Wapner, Ontario President CALCOG facilitates communication and information sharing among 12/31/20 Councils of Governments 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. Inland Empire Economic Dennis Michael, Rancho Cucamonga President The IEEP is a partnership that includes business, government and Partnership (IEEP) academic leaders to develop and carry out initiatives to benefit the region. The Sam and Alfreda L. Janice Rutherford, Supervisor Board of Directors A non-profit corporation that participates in the preparation of the 12/31/19 Maloof Foundation for Conservation Plan and oversees the activities and assets of the Arts and Crafts Foundation. A payment of stipend for participation has not been authorized. Gold Line Phase II Joint John Dutrey, Montclair, Primary Board of Directors The Gold Line Phase II Construction Authority is a Joint Powers 12/31/19 Powers Authority Curt Hagman, Supervisor, Alternate Authority (JPA) formed by 14 cities along the corridor and SBCTA. 12/31/20 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. Metro Gold Line Foothill Alan Wapner, Ontario, Primary President The Authority is responsible for the development of a light rail 12/31/20 Extension Construction Deborah Robertson, Alternate project from the City of Los Angeles into San Bernardino County. 12/31/20 Authority 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. Mobile Source Air Larry McCallon, Highland, Primary Board of Directors Develops and implements work programs which reduce mobile 12/31/20 Pollution Reduction John Valdivia, San Bernardino, Alternate source emissions, funded by AB2766 (portion of the $4 motor vehicle 12/31/20 Communication: Appointments to External Agencies (Committee Membership) Review Committee 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. SBCTA Appointments to External Agencies Packet Pg. 339 March 20, 2019 Appointments to External Agencies Page 2 of 2 Committee Appointee Appointing Authority Purpose Term One Water One Watershed Deborah Robertson, Rialto Board of Directors Responsible for developing the integrated Regional Water 12/31/22 (OWOW) Steering Management Plan for the Santa Ana River. Committee of the Santa Ana Watershed Project The term of the appointment is for four years for a city representative Authority from San Bernardino County. Officers leaving elected office after appointment are still eligible to serve. Beginning January 2016, the OWOW meets on the 4th Thursday of every other month at 11:00 a.m. at the Santa Ana Watershed Project Authority (SAWPA). Members of the Steering Committee do not receive a stipend. SCAG Policy Committees See associated table. The Board has SBCTA also has authority to appoint up to seven appointees to the See associated authorized the President three SCAG Policy Committees: i.e., Community Economic and table – to make appointments to Human Development, Energy and Environment, and Transportation. Representatives SCAG Policy SCAG pays appointees to policy committees a stipend of $120 per on SCAG Committees. meeting. Committees Southern California Alan Wapner, Ontario, Primary Board of Directors SCRRA serves as the governing body for Metrolink, the regional Indefinite Regional Rail Authority Larry McCallon, Highland, Primary (Recommendation made commuter rail system serving the five Southern California Counties. Ray Marquez, Chino Hills, Alternate by the Transit Members receive payment of $100 per day from SCRRA for John Dutrey, Montclair, Alternate Committee) participation. SR 91 Advisory Ray Marquez, Chino Hills, Ex-Officio Member Board of Directors The Committee reviews issues and makes recommendations to OCTA 12/31/20 Committee regarding the transportation facilities acquired, including tolls imposed, operations, maintenance, use of toll revenues, and improvements in the area of SR 91 between I-15 and SR 55, including the identification and siting of alternate highways. SBCTA has not authorized payment of stipend for participation. California Vanpool Rick Denison, Yucca Valley, Primary President CalVans is a Joint Powers Authority (JPA) public transit agency that 12/31/20 Authority (CalVans) John Valdivia, Alternate, operates in 13 California urbanized areas including Riverside, 12/31/20 Imperial, Ventura and Kern counties. Board meetings occur the second Thursday of each month at 10 a.m. Communication: Appointments to External Agencies (Committee Membership) SBCTA Appointments to External Agencies Packet Pg. 340 April 16, 2019 Page 1 of 6 San Bernardino County Transportation Authority (SBCTA) Policy Committee Membership COMMITTEE PURPOSE MEMBERSHIP TERMS General Policy Committee Makes recommendations to Board of Directors and: West Valley Membership consists of the following: (1) Provides general policy oversight which spans the Alan Wapner, Ontario (Past President) 6/30/2019 SBCTA President, Vice President, and multiple program responsibilities of the organization and L. Dennis Michael, Rancho Cucamonga 6/30/2019 Immediate Past President maintains the comprehensive organization integrity; Acquanetta Warren, Fontana 6/30/2019 4 East Valley (3 City, 1 County) (2) Provides policy direction with respect to administrative Curt Hagman, Supervisor 6/30/2019 4 West Valley (3 City, 1 County) issues, policies, budget, finance, audit, and personnel 4 Mt/Desert (3 City, 1 County) issues for the organization; East Valley City members shall be SBCTA Board (3) Serves as policy review committee for any program area Frank Navarro, Colton (Chair/Vice President/Chair MVSS) 6/30/2019 that lacks active policy committee oversight. Members elected by caucus of city Darcy McNaboe, Grand Terrace (Vice Chair/President) 6/30/2019 SBCTA Board Members within the Committee has authority to approve contracts in excess of Larry McCallon, Highland 6/30/2019 subarea. $25,000 with notification to the Board of Directors. Dawn Rowe, Supervisor 6/30/2019 Policy Committee and Board Study Session Chairs are members of this * Board authorized Vice Chair of MDC to serve as Mountain/Desert policy committee. Mtn/Desert Subarea representative until 6/30/19. Bill Jahn, Big Bear Lake (Chair TC) 6/30/2019 All City members serving as Board Joel Klink, Twentynine Palms 6/30/2019 officers, Committee chairs, or Board Rick Denison, Yucca Valley (Vice Chair MDC)* 6/30/2019 Study Session Chair, are counted toward Robert A. Lovingood, Supervisor 6/30/2019 their subareas City membership. Supervisors collectively select their Should the chairs of each Committee and the Officers all representatives. (Brown Act) be from the East Valley, West Valley or Mountain/Desert, The SBCTA Vice President shall serve as additional members may be added to maintain Chair of the General Policy Committee. geographical balance. Additional Board Members may be appointed annually at the discretion of the Board President. Transit Committee Provides policy guidance and recommendations to the Bill Jahn, Big Bear Lake (Chair) 12/31/2020 (6/30/2019) Membership consists of 12 SBCTA SBCTA Board of Directors and Southern California Regional L. Dennis Michael, Rancho Cucamonga (Vice Chair) 12/31/2019 (6/30/2019) Board Members: Rail Authority (SCRRA) delegates with respect to commuter Frank Navarro, Colton 12/31/2019 10 Valley-members, two being Southern rail and transit service. John Dutrey, Montclair** Indeterminate California Regional Rail Authority * SCRRA Primary Member Larry McCallon, Highland* Indeterminate (SCRRA) primary (*) and two being ** SCRRA Alternate Member David Avila, Yucaipa 12/31/2020 SCRRA alternate (**) members, and Deborah Robertson, Rialto 12/31/2020 2 Mountain/Desert Board Members. Alan Wapner, Ontario* Indeterminate SCRRA members and alternates serve Communication: Committee Membership (Committee Membership) Acquanetta Warren, Fontana 12/31/2019 concurrent with their term on the SCRRA (Brown Act) Ray Marquez, Chino Hills** Indeterminate Board of Directors as appointed by the Dawn Rowe, Supervisor 12/31/2020 SBCTA Board. John Valdivia, San Bernardino 12/31/2020 Other members are appointed by the SBCTA President for 2-year terms. Packet Pg. 341 April 16, 2019 Page 2 of 6 San Bernardino County Transportation Authority (SBCTA) Policy Committee Membership COMMITTEE PURPOSE MEMBERSHIP TERMS Mountain/Desert Committee Provides ongoing policy level oversight related to the full Julie McIntyre, Barstow (Chair) Indeterminate (6/30/2019) Membership consists of 12 SBCTA array of SBCTA responsibilities as they pertain specifically Rick Denison, Yucca Valley (Vice Chair) Indeterminate (6/30/2019) Board Members from each to the Mountain/Desert subregion. Bill Holland, Hesperia Indeterminate Mountain/Desert jurisdiction and County The Committee also meets as the Mountain/Desert Measure I Art Bishop, Apple Valley Indeterminate Supervisors representing the First, Committee as it carries out responsibilities for Measure I Bill Jahn, Big Bear Lake Indeterminate Second, and Third Districts. Mountain/Desert Expenditure Plan. Gabriel Reyes, Adelanto Indeterminate Joel Klink, Twentynine Palms Indeterminate Jim Cox, Victorville Indeterminate (Brown Act) Edward Paget, Needles Indeterminate Dawn Rowe, Supervisor Indeterminate Janice Rutherford, Supervisor Indeterminate Robert A. Lovingood, Supervisor Indeterminate Policy Committee Meeting Times General Policy Committee Second Wednesday, 9:00 a.m., SBCTA Office Transit Committee Second Thursday (following the Board of Directors meeting), 9:00 a.m., SBCTA Office Mountain/Desert Committee Third Friday, 9:30 a.m., Victorville, CA Board of Directors Study Sessions for Metro Valley Issues STUDY SESSION PURPOSE MEMBERSHIP TERMS Board of Directors Study Sessions for To review, discuss, and make recommendations for actions to be Board of Directors Metro Valley Issues taken at regular meetings of the Board on issues relating to Frank Navarro, Colton (Chair) 6/30/2019 Refer to SBCTA Policy 10007. Measure I Projects in the Valley. Curt Hagman, Supervisor (Vice Chair) 6/30/2019 (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 Joint Sub-Committee PURPOSE MEMBERSHIP I-10 and I-15 Corridor Joint Sub-Committee of the Board of Directors The purpose is to consider and make recommendations Alan Wapner, Ontario – Chair Metro Valley Study Session and the Mountain/Desert Policy Committee to the Board of Directors on the development of Josie Gonzales, Supervisor – Vice Chair Communication: Committee Membership (Committee Membership) Members of the committee will be members of the SBCTA Board of express lanes in San Bernardino County, in particular Robert A. Lovingood, Supervisor Directors and will be appointed by the SBCTA Board President. The on the I-10 and I-15 Corridors. Larry McCallon, Highland President will appoint the Chair and Vice-Chair of the Sub-Committee. The L. Dennis Michael, Rancho Cucamonga Sub-Committee will include a minimum of nine and a maximum of fourteen Frank Navarro, Colton SBCTA Board members. Membership will be composed of a minimum of Dusty Rigsby, Loma Linda three representatives from the East Valley; and a minimum of two (Brown Act) Deborah Robertson, Rialto representatives from the Victor Valley. The Sub-Committee will meet as necessary immediately following the Metro Valley Study Session. Janice Rutherford, Supervisor Acquanetta Warren, Fontana Art Bishop, Town of Apple Valley Packet Pg. 342 April 16, 2019 Page 3 of 6 Public and Specialized Transportation Advisory and Coordinating Council (PASTACC) COMMITTEE PURPOSE MEMBERSHIP TERMS Public and Specialized Transportation Subject to the Transportation Development Act Standing Membership – Advisory and Coordinating Council (TDA) Section 99238 – establishes PASTACC’s Morongo Basin Transit Authority On-going (PASTACC) statutory responsibilities; Mountain Area Regional Transit Authority On-going Needles Area Transit On-going (1) Review and make recommendations on annual Membership consists of 11 members Omnitrans On-going Unmet Transit Needs hearing findings appointed by the SBCTA Executive Victor Valley Transit Authority On-going (2)Score and make recommendations for Federal Director. County of San Bernardino Dept. of Public Works On-going 5 representing Public Transit Providers Transit Administration Section 5310 Capital Grant Program applications 1 representing County Dept. of Public At Large Membership – Works (3) Assist SBCTA in developing public outreach approach on updating the Coordinated Public San Bernardino Dept. of Aging and Adult Services 5/31/2020 2 representing the Consolidated Transit/Human Services Transportation Plan Foothill Aids 9/30/2020 Transportation Services Agency - OPARC 9/30/2020 Omnitrans and VVTA also represent (4) Review call for projects for Federal Transit CTSA for the Valley and High Desert Administration Section 5310 grant applications Option House 3/1/2022 respectively. (5) Monitor and make recommendations on Federal Loma Linda Medical Center 5/31/2020 regulatory processes as they relate to transit and 5 At Large Members representing Social specialized transit Service Providers (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 5310 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) Meeting Dates and Time: Bi monthly, beginning in January, 2nd Tuesday of the month, 10:00 a.m., (Location rotates: SBCTA Office, VVTA, MBTA) Communication: Committee Membership (Committee Membership) Packet Pg. 343 April 16, 2019 Page 4 of 6 Independent Taxpayer Oversight Committee (ITOC) Review of Measure I Expenditure Plan COMMITTEE PURPOSE MEMBERSHIP TERMS Independent Taxpayer Oversight Committee (ITOC) Review of Measure I The ITOC shall review the annual audits of the Donald Driftmier (A) 12/31/20 Expenditure Plan Authority; report findings based on the audits to the Gerry Newcombe (B) 12/31/20 The ITOC shall provide citizen review to ensure that all Measure I funds are Authority; and recommend any additional audits for Wayne Hendrix (C) 12/31/22 spent by the San Bernardino County Transportation Authority (hereby consideration which the ITOC believes may improve Rick Gomez (D) 12/31/22 referred to as the Authority) in accordance with provision of the Expenditure the financial operation and integrity of program Mike Layne (E) 12/31/22 Plan and Ordinance No. 04-01. The ordinance specifies that each member of implementation. Darcy McNaboe, Ex-Officio Ray Wolfe, Ex-Officio the ITOC have certain credentials or experience as follows: The Authority shall hold a publicly noticed meeting, A. One member who is a professional in the field of municipal audit, which may or may not be included on the agenda of a finance and/or budgeting with a minimum of five years in a relevant and regularly scheduled Board meeting, with the senior decision-making position in the public or private sector. participation of the ITOC to consider the findings B. One member who is a licensed civil engineer or trained transportation and recommendations of the audits. 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 (Brown Act) 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. SBCTA Ad Hoc Committees COMMITTEE PURPOSE MEMBERSHIP Communication: Committee Membership (Committee Membership) Legislative Review proposed legislation at the state and federal level. Provide President – Darcy McNaboe, Grand Terrace In March 2013, the SBCTA Board President appointed direction to staff on positions consistent with the Board-adopted Vice President – Frank Navarro, Colton this ad hoc committee. legislative platform. Immediate Past President – Alan Wapner, Ontario This committee will consist of the SBCTA Board Officers. Packet Pg. 344 April 16, 2019 Page 5 of 6 Council of Governments Ad Hoc Committee To provide direction relative to the Council of Governments annual work Alan Wapner, Ontario – Chair In June 2016, the SBCTA Board President appointed this plan. Josie Gonzales, Supervisor ad hoc committee. Bill Jahn, Big Bear Lake Larry McCallon, Highland L. Dennis Michael, Rancho Cucamonga Frank Navarro, Colton Janice Rutherford, Supervisor ByLaws Ad Hoc Committee To study the Bylaws and make recommendations to the Board on Alan Wapner, Ontario In December 2016, the Board of Directors authorized the necessary or desirable Bylaws amendments. Robert Lovingood, County of San Bernardino reactivation of the Ad Hoc Committee and the President Janice Rutherford, County of San Bernardino to make appointments. Dusty Rigsby, Loma Linda Omnitrans/San Bernardino County Transportation To provide policy guidance related to funding allocations and project Ron Dailey, Loma Linda (Omnitrans) Authority Ad Hoc Committee delivery. Penny Lilburn, Highland (Omnitrans) In April 2019, President McNaboe appointed SBCTA Sam Spagnolo, Rancho Cucamonga (Omnitrans) members to this ad hoc committee. Darcy McNaboe, Grand Terrace (SBCTA) Dusty Rigsby, Loma Linda (SBCTA) Ray Marquez, Chino Hills (SBCTA) SBCTA Technical Advisory Committees COMMITTEE PURPOSE MEETING SCHEDULE Transportation Technical Advisory Committee SBCTA’s Transportation Technical Advisory Committee was formed by SBCTA Generally meets on the first Monday of each (TTAC) management to provide input to SBCTA staff on technical transportation-related month at 1:30 PM, at SBCTA. Committee membership consists of a primary staff matters and formulation of transportation-related policy recommendations to the representative of each SBCTA member agency SBCTA Board of Directors. designated by the City Manager or County Administrative Officer. The TTAC is not a Brown Act committee. City/County Manager’s Technical Advisory SBCTA’s City/County Manager’s Technical Advisory Committee was established in Meets on the first Thursday of each month at Committee (CCM TAC) the Joint Powers Authority that established San Bernardino Associated Governments 10:00 AM, at SBCTA. The committee is composed of up to two representatives (SANBAG). The primary role of the committee is to provide a forum for the chief of the County Administrator’s Office and the city executives of SANBAG’s member agencies to become informed about and discuss manager or administrator from each city and town in the issues facing SANBAG/SBCTA. It also provides a forum for the discussion of items of County. mutual concern and a way to cooperate regionally in addressing those concerns. The CCM TAC is a Brown Act Committee. Planning and Development Technical Forum (PDTF) The SBCTA Planning and Development Technical Forum was formed by SBCTA Meets the 4th Wednesday of each month at Communication: Committee Membership (Committee Membership) Committee membership consists of a primary staff management to provide an opportunity for interaction among planning and 2:00 p.m. at the Santa Fe Depot (in the representative of each SBCTA member agency designated by development representatives of member agencies on planning issues of SCAG Office). the City Manager or County Chief Executive Officer. multijurisdictional importance. The PDTF is not a Brown Act Committee. Packet Pg. 345 April 16, 2019 Page 6 of 6 Project Development Teams Project Development Teams (PDTs) are assembled for all major project Varies with the PDT. 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. Communication: Committee Membership (Committee Membership) Packet Pg. 346 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 Communication: Mission Statement (Mission Statement) To successfully accomplish this mission, SANBAG will foster enhanced relationships among all of its stakeholders while adding to the value of local governments. Approved June 2, 1993 Reaffirmed March 6, 1996 mission.doc Packet Pg. 347