Board Members Ron Roberts, Chair Supervisor, County of San Diego Terry Sinnott, Vice Chair Mayor, Del Mar Matt Hall Mayor, Carlsbad Mary Salas Mayor, Chula Vista BOARD OF DIRECTORS Richard Bailey Mayor, Coronado Bill Wells AGENDA Mayor, El Cajon Catherine Blakespear Mayor, Encinitas Friday, June 23, 2017 Sam Abed 9 a.m. to 12 noon Mayor, Escondido Serge Dedina SANDAG Board Room Mayor, Imperial Beach 401 B Street, 7th Floor Kristine Alessio Councilmember, La Mesa San Diego Jerry Jones Councilmember, Lemon Grove Ron Morrison Mayor, National City Jim Wood Mayor, Oceanside AGENDA HIGHLIGHTS Steve Vaus Mayor, Poway Kevin Faulconer • 2017 TransNet INDEPENDENT TAXPAYER Mayor, City of San Diego OVERSIGHT COMMITTEE ANNUAL REPORT Myrtle Cole Council President, City of San Diego Dianne Jacob • FIRST TransNet TEN-YEAR COMPREHENSIVE Chair, County of San Diego PROGRAM REVIEW John Minto Mayor, Santee Jim Desmond • 2019 SAN DIEGO FORWARD: THE REGIONAL Mayor, San Marcos PLAN – DRAFT PUBLIC INVOLVEMENT PLAN David A. Zito Councilmember, Solana Beach Judy Ritter PLEASE SILENCE ALL ELECTRONIC DEVICES DURING THE MEETING Mayor, Vista Advisory Members YOU CAN LISTEN TO THE BOARD OF DIRECTORS Hon. John Renison MEETING BY VISITING OUR WEBSITE AT SANDAG.ORG Supervisor, District 1 Imperial County Malcolm Dougherty, Director MESSAGE FROM THE CLERK California Department In compliance with Government Code §54952.3, the Clerk hereby announces that the compensation of Transportation for legislative body members attending the following simultaneous or serial meetings is: Executive Harry Mathis, Chair Committee (EC) $100, Board of Directors (BOD) $150, and Regional Transportation Commission (RTC) Metropolitan Transit System $100. Compensation rates for the EC and BOD are set pursuant to the SANDAG Bylaws and the Rebecca Jones, Chair North County Transit District compensation rate for the RTC is set pursuant to state law. Joe Stuyvesant, Navy Region Southwest Executive Director MISSION STATEMENT U.S. Department of Defense The 18 cities and county government are SANDAG serving as the forum for regional decision-making. Garry Bonelli, Commissioner San Diego Unified Port District SANDAG builds consensus, makes strategic plans, obtains and allocates resources, plans, engineers, and builds public transit, and provides information on a broad range of topics pertinent to the Mark Muir, Chair San Diego County Water Authority region's quality of life. Cody Martinez, Chairman Southern California Tribal San Diego Association of Governments ⋅ 401 B Street, Suite 800, San Diego, CA 92101-4231 Chairmen’s Association (619) 699-1900 ⋅ Fax (619) 699-1905 ⋅ sandag.org Hon. Marcela Celorio Consul General, Mexico Gary L. Gallegos Executive Director, SANDAG
Welcome to SANDAG. Members of the public may speak to the Board of Directors on any item at the time the Board is considering the item. Please complete a Speaker’s Slip, which is located in the rear of the room, and then present the slip to the Clerk of the Board seated at the front table. Members of the public may address the Board on any issue under the agenda item entitled Public Comments/Communications/Member Comments. Public speakers are limited to three minutes or less per person. The Board of Directors may take action on any item appearing on the agenda.
Public comments regarding the agenda can be sent to SANDAG via [email protected]. Please include the agenda item, your name, and your organization. Email comments should be received no later than 12 noon, two working days prior to the Board of Directors meeting. Any handouts, presentations, or other materials from the public intended for distribution at the Board of Directors meeting should be received by the Clerk of the Board no later than 12 noon, two working days prior to the meeting.
In order to keep the public informed in an efficient manner and facilitate public participation, SANDAG also provides access to all agenda and meeting materials online at www.sandag.org/meetings. Additionally, interested persons can sign up for e-notifications via our e-distribution list at either the SANDAG website or by sending an email request to [email protected].
SANDAG operates its programs without regard to race, color, and national origin in compliance with Title VI of the Civil Rights Act. SANDAG has developed procedures for investigating and tracking Title VI complaints and the procedures for filing a complaint are available to the public upon request. Questions concerning SANDAG nondiscrimination obligations or complaint procedures should be directed to SANDAG General Counsel, John Kirk, at (619) 699-1997 or [email protected]. Any person who believes himself or herself or any specific class of persons to be subjected to discrimination prohibited by Title VI also may file a written complaint with the Federal Transit Administration.
In compliance with the Americans with Disabilities Act (ADA), SANDAG will accommodate persons who require assistance in order to participate in SANDAG meetings. If such assistance is required, please contact SANDAG at (619) 699-1900 at least 72 hours in advance of the meeting. To request this document or related reports in an alternative format, please call (619) 699-1900, (619) 699-1904 (TTY), or fax (619) 699-1905.
SANDAG agenda materials can be made available in alternative languages. To make a request call (619) 699-1900 at least 72 hours in advance of the meeting. Los materiales de la agenda de SANDAG están disponibles en otros idiomas. Para hacer una solicitud, llame al (619) 699-1900 al menos 72 horas antes de la reunión. 如有需要, 我们可以把SANDAG议程材料翻译成其他語言.
请在会议前至少 72 小时打电话 (619) 699-1900 提出请求.
SANDAG offices are accessible by public transit. Phone 511 or see 511sd.com for route information. Bicycle parking is available in the parking garage of the SANDAG offices.
2 Rev. 010317 BOARD OF DIRECTORS Friday, June 23, 2017 ITEM NO. RECOMMENDATION +1. APPROVAL OF MEETING MINUTES APPROVE
The Board of Directors is asked to review and approve the minutes from its May 26, 2017, meeting.
2. PUBLIC COMMENTS/COMMUNICATIONS/MEMBER COMMENTS
Public comments under this agenda item will be limited to five public speakers. Members of the public shall have the opportunity to address the Board on any issue within the jurisdiction of SANDAG that is not on this agenda. Other public comments will be heard during the items under the heading “Reports.” Anyone desiring to speak shall reserve time by completing a “Request to Speak” form and giving it to the Clerk of the Board prior to speaking. Public speakers should notify the Clerk of the Board if they have a handout for distribution to Board members. Public speakers are limited to three minutes or fewer per person. Board members also may provide information and announcements under this agenda item.
+3. ACTIONS FROM POLICY ADVISORY COMMITTEES, INCLUDING APPROVE ADOPTION OF FINAL MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE SAN DIEGO RIVER TRAIL – CARLTON OAKS SEGMENT (Victoria Stackwick)
This item summarizes the actions taken by the Policy Advisory Committees since the last Board Business Meeting, including adoption of the Final Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the San Diego River Trail – Carlton Oaks Segment. The Board of Directors is asked to ratify these actions.
CONSENT
+4. APPROVAL OF PROPOSED CONTRACT AWARDS (Laura Coté) APPROVE
+4A. On-Call Modeling and Forecasting Consulting Services The Board of Directors is asked to authorize the Executive Director to execute multiple contract awards for on-call Modeling and Forecasting consulting services.
+4B. Post-Employment Benefits Trust Agreement The Board of Directors is asked to: (1) authorize the Executive Director to execute multiple contract awards with PFM Asset Management to serve as the Section 115 Trust Administrator; and (2) adopt Resolution No. 2017-28, authorizing the adoption of a Post-Employment Benefits Trust Agreement, authorizing the Executive Director to execute all necessary documents and agreements to signify the adoption, and confirming the appointment of the Trustee and Trust Administrator.
3 +5. FY 2018 CLAIMS FOR TRANSPORTATION DEVELOPMENT ACT AND ADOPT STATE TRANSIT ASSISTANCE (Ariana zur Nieden)
The Transportation Committee recommends that the Board of Directors adopt: (1) Resolution Nos. 2017-22 through 2017-27, approving the FY 2018 Transportation Development Act claims and one State Transit Assistance (STA) Act Claim; and (2) the STA findings as certified by the North County Transit District.
+6. REPORT ON MEETINGS AND EVENTS ATTENDED ON BEHALF OF INFORMATION SANDAG (Victoria Stackwick)
Board members will provide brief reports orally or in writing on external meetings and events attended on behalf of SANDAG since the last Board Business meeting.
+7. REPORT SUMMARIZING DELEGATED ACTIONS TAKEN BY THE INFORMATION EXECUTIVE DIRECTOR (André Douzdjian)*
In accordance with various SANDAG Board Policies, this report summarizes certain delegated actions taken by the Executive Director since the last Board Business meeting.
REPORTS
+8. 2017 TransNet INDEPENDENT TAXPAYER OVERSIGHT COMMITTEE INFORMATION ANNUAL REPORT (Stewart Halpern, TransNet Independent Taxpayer Oversight Committee Chair)*
Stewart Halpern, TransNet Independent Taxpayer Oversight Committee (ITOC) Chair, will provide the 2017 ITOC Annual Report, including the results of the fiscal and compliance audit.
+9. HEARING OF NECESSITY: ACQUISITION OF PROPERTY INTERESTS APPROVE LOCATED IN THE CITY OF SAN DIEGO FOR THE MID-COAST CORRIDOR TRANSIT PROJECT (Ryan Kohut)
The Board of Directors is asked to: (1) receive public testimony; (2) adopt Resolution of Necessity No. 2017-29 by a two-thirds vote, pertaining to acquisition of property for the Mid-Coast Corridor Transit Project; and (3) authorize staff to proceed with all condemnation filings and proceedings necessary to acquire the interests in the subject parcel.
+10. FIRST TransNet TEN-YEAR COMPREHENSIVE PROGRAM REVIEW APPROVE (San Marcos Mayor Jim Desmond, Transportation Committee Chair; Ariana zur Nieden)*
The Transportation Committee recommends that the Board of Directors, acting as the San Diego County Regional Transportation Commission, approve the proposed approach for the first TransNet Ten-Year Comprehensive Program Review, including draft work plan concepts.
4 +11. ROSE CREEK BIKEWAY PROJECT: CONSTRUCTION APPROVE MANAGER/GENERAL CONTRACTOR CONSTRUCTION SERVICES AGREEMENT SUPPLEMENT 7 (San Marcos Mayor Jim Desmond, Transportation Committee Chair; John Haggerty, Chris Carterette)
The Transportation Committee recommends that the Board of Directors: (1) approve the Guaranteed Maximum Price negotiated between Mid-Coast Transit Constructors and SANDAG for Supplement 7 of the Construction Manager/General Contractor Construction Services Agreement (Supplement 7) for the Rose Creek Bikeway Project (Project) in the amount of $17,001,856; and (2) authorize the Executive Director to execute Supplement 7 for construction of the Project.
+12. PROPOSED FY 2018 PROGRAM BUDGET AMENDMENT: NORTH APPROVE COUNTY TRANSIT DISTRICT BUS WASH REPLACEMENT - WEST DIVISION FACILITY (San Marcos Mayor Jim Desmond, Transportation Committee Chair; Angela Anderson)
The Transportation Committee recommends that the Board of Directors: (1) approve an amendment to the FY 2018 Program Budget to add a new project, North County Transit District (NCTD) Bus Wash Replacement - West Division Facility (Capital Improvement Program Project No. 1131300); and (2) accept $721,371 from NCTD to fully fund this project.
+13. 2019 SAN DIEGO FORWARD: THE REGIONAL PLAN - DRAFT PUBLIC DISCUSSION INVOLVEMENT PLAN (Charles "Muggs" Stoll)
In April 2017, the Board of Directors discussed the Work Program for the 2019 Regional Plan, which included conducting public outreach and gathering public feedback throughout the development of the Plan. The draft Public Involvement Plan (PIP) was released for a 30-day public review and comment period. The Board of Directors is asked to discuss and provide feedback on the PIP.
+14. LEGISLATIVE STATUS REPORT (Robyn Wapner) INFORMATION
Staff will provide an update on Assembly Bill 805 (Gonzalez Fletcher), which would make various changes to the governance and voting structures of SANDAG.
+15. CLOSED SESSION: CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 (Chip Willett, Bender Rosenthal; Brad Kuhn, Nossaman; John Haggerty; Ryan Kohut)
The Board of Directors will be briefed by the SANDAG real property negotiation team on the status of negotiations with the La Jolla Country Day School regarding the price and terms of a potential settlement to acquire real property at 9490 Genesee Avenue, San Diego, California (Assessor Parcel No. 345-080-12), for use by SANDAG to construct the Mid-Coast Corridor Transit Project.
5 16. CONTINUED PUBLIC COMMENTS
If the five-speaker limit for public comments was exceeded at the beginning of this agenda, other public comments will be taken at this time. Subjects of previous agenda items may not again be addressed under public comment.
17. UPCOMING MEETINGS INFORMATION
The next Board Policy meeting is scheduled for Friday, July 14, 2017, at 10 a.m. The next Board Business meeting is scheduled for Friday, July 28, 2017, at 9 a.m.
18. ADJOURNMENT
+ next to an agenda item indicates an attachment
* next to an agenda item indicates that the Board of Directors also is acting as the San Diego County Regional Transportation Commission for that item
6 AGENDA ITEM NO. 17-06-1 BOARD OF DIRECTORS JUNE 23, 2017 ACTION REQUESTED – APPROVE
BOARD OF DIRECTORS DISCUSSION AND ACTIONS
MAY 26, 2017
Chair Ron Roberts (Supervisor, County of San Diego - A) called the meeting of the SANDAG Board of Directors to order at 9:05 a.m.
1. APPROVAL OF MEETING MINUTES
Action: Upon a motion by Mayor Steve Vaus (Poway), and a second by Mayor John Minto (Santee), the Board of Directors approved the minutes from the April 14, 2017, Board Policy meeting and the April 28, 2017, Board Business meeting. Yes – Chair Roberts, Vice Chair Terry Sinnott (Mayor, Del Mar), Mayor Matt Hall (Carlsbad), Mayor Mary Salas (Chula Vista), Mayor Richard Bailey (Coronado), Mayor Bill Wells (El Cajon), Mayor Catherine Blakespear (Encinitas), Mayor Sam Abed (Escondido), Mayor Serge Dedina (Imperial Beach), Councilmember Kristine Alessio (La Mesa), Deputy Mayor Chuck Lowery (Oceanside), Mayor Vaus, Councilmember Lorie Zapf (City of San Diego – A), Council President Myrtle Cole (City of San Diego – B), Mayor Jim Desmond (San Marcos), Mayor Minto, and Councilmember David Zito (Solana Beach). (weighted vote, 100%). No – None (weighted vote, 0%). Abstain – None (weighted vote, 0%). Absent – County of San Diego – B, Lemon Grove, National City, and Vista.
2. PUBLIC COMMENTS/COMMUNICATIONS/MEMBER COMMENTS
Chair Roberts welcomed the Honorable Juan Manuel Gastelum, Mayor of the City of Tijuana, to SANDAG.
Mayor Gastelum invited members of the Board of Directors to attend the World Environment Day in Tijuana on June 5, 2017.
3. ACTIONS FROM POLICY ADVISORY COMMITTEES (APPROVE)
This report summarized the actions taken by the Policy Advisory Committees since the last Board Business Meeting. The Board of Directors was asked to ratify these actions.
Action: Upon a motion by Mayor Desmond, and a second by Mayor Judy Ritter (Vista), the Board of Directors approved Item No. 3. Yes – Chair Roberts, Vice Chair Sinnott, Mayor Hall, Mayor Salas, Mayor Bailey, Mayor Wells, Mayor Blakespear, Mayor Abed, Mayor Dedina, Councilmember Alessio, Councilmember Jerry Jones (Lemon Grove), Deputy Mayor Lowery, Mayor Vaus, Councilmember Zapf, Council President Cole, Mayor Desmond, Mayor Minto, Councilmember Zito, and Mayor Ritter. (weighted vote, 100%). No – None (weighted vote, 0%). Abstain – None (weighted vote, 0%). Absent – County of San Diego – B and National City.
9. OVERVIEW OF DEVELOPMENTS IN THE FINANCIAL MARKETS AND QUARTERLY FINANCE REPORT FOR THE PERIOD ENDING MARCH 31, 2017 (INFORMATION)
This item was pulled from the consent agenda.
André Douzdjian, Director of Finance, and Ray Major, Director of Technical Services and Chief Economist, provided an update on the SANDAG debt portfolio and information about the latest developments in the financial markets, economy, and sales tax revenues.
Action: This item was presented for information.
CONSENT
4. APPROVAL OF PROPOSED CONTRACT AWARDS (APPROVE)
The Board of Directors was asked to authorize the Executive Director to execute multiple contract awards for on-call Environmental Consulting and on-call Intelligent Transportation Systems and Information Technology Development and Support Consulting services.
5. FY 2018 TRANSPORTATION DEVELOPMENT ACT PRODUCTIVITY IMPROVEMENT PROGRAM (APPROVE)
The Transportation Committee recommended that the Board of Directors: (1) find that the Metropolitan Transit System and North County Transit District made a reasonable effort to implement productivity improvements during FY 2017; and (2) approve continuing the Transportation Development Act (TDA) Productivity Improvement Program in FY 2018, which fulfills the requirements outlined in Section 99244 of the TDA.
6. UNIFIED PORT OF SAN DIEGO ADVISORY MEMBERSHIP ON THE TRANSPORTATION COMMITTEE (APPROVE)
The Executive Committee recommended that the Board of Directors approve the proposed addition of the Unified Port of San Diego to the Transportation Committee as an advisory member.
7. REPORT ON MEETINGS AND EVENTS ATTENDED ON BEHALF OF SANDAG (INFORMATION)
Board members provided brief reports orally or in writing on external meetings and events attended on behalf of SANDAG since the last Board Business meeting.
8. REPORT SUMMARIZING DELEGATED ACTIONS TAKEN BY THE EXECUTIVE DIRECTOR (INFORMATION)
In accordance with various SANDAG Board Policies, this report summarized certain delegated actions taken by the Executive Director since the last Board Business meeting
2 10. QUARTERLY PROGRESS REPORT ON TRANSPORTATION PROJECTS - JANUARY THROUGH MARCH 2017 (INFORMATION)
This quarterly report summarized the status of major transit, highway, arterial, traffic management, and Transportation Demand Management projects in the SANDAG five-year Regional Transportation Improvement Program.
11. FY 2018 WEIGHTED VOTING FORMULA (INFORMATION)
On an annual basis, SANDAG is required to re-compute the weighted vote of the Board of Directors based on updated population figures. The population figures used for this purpose have been certified by the California Department of Finance. The weighted voting formula for FY 2018 has been re-computed, and there were no changes.
Action: Upon a motion by Mayor Abed, and a second by Councilmember Jones, the Board of Directors approved Consent Item Nos. 4 through 8, 10, and 11. Yes – Chair Roberts, Vice Chair Sinnott, Mayor Hall, Mayor Salas, Mayor Bailey, Mayor Wells, Mayor Blakespear, Mayor Abed, Mayor Dedina, Councilmember Alessio, Councilmember Jones, Deputy Mayor Lowery, Mayor Vaus, Councilmember Zapf, Council President Cole, Mayor Desmond, Mayor Minto, Councilmember Zito, and Mayor Ritter. (weighted vote, 100%). No – None (weighted vote, 0%). Abstain – None (weighted vote, 0%). Absent – County of San Diego – B and National City.
CHAIR’S REPORT
12. 2017 “BEST OF THE BEST” AWARD – SAN DIEGO FORWARD: THE REGIONAL PLAN (INFORMATION)
Chair Roberts introduced the item.
Monica Gourdine, Federal Highway Administration, presented SANDAG with the 2017 Transportation Planning Excellence “Best of the Best” award for San Diego Forward: The Regional Plan.
Councilmember Alessio announced two awards SANDAG received from the San Diego Chapter of the American Planning Association.
Action: This item was presented for information.
REPORTS
13. PROPOSED FINAL FY 2018 PROGRAM BUDGET (APPROVE)
Vice Chair Sinnott introduced the item.
Mr. Douzdjian presented the item.
Action: Upon a motion by Vice Chair Sinnott, and a second by Councilmember Jones, the Board of Directors: (1) adopted Regional Transportation Commission (RTC) Resolution No. RTC-2017-05, adopting the Final FY 2018 Program Budget; and (2) authorized the Executive Director to execute an amendment to the adopted FY 2018 Program Budget, incorporating a 7 percent increase in assessment
3 fees for Criminal Justice Research. Yes – Chair Roberts, Vice Chair Sinnott, Mayor Hall, Mayor Bailey, Mayor Wells, Mayor Blakespear, Mayor Abed, Mayor Dedina, Councilmember Alessio, Councilmember Jones, Mayor Ron Morrison (National City), Deputy Mayor Lowery, Mayor Vaus, Councilmember Zapf, Council President Cole, Mayor Desmond, Mayor Minto, Councilmember Zito, and Mayor Ritter. (weighted vote, 100%). No – None (weighted vote, 0%). Abstain – None (weighted vote, 0%). Absent – County of San Diego – B and Chula Vista.
14. PROPOSED PROGRAM BUDGET AMENDMENTS: I-5/GILMAN DRIVE BRIDGE PROJECT (APPROVE)
Mayor Desmond, Transportation Committee Chair, introduced the item.
John Haggerty, Division Director of Rail, presented the item.
Action: Upon a motion by Mayor Desmond, and a second by Mayor Vaus, the Board of Directors: (1) approved an amendment to the FY 2017 Program Budget to accept $1.2 million from University of California San Diego to fully fund the I-5/Gilman Drive Bridge Project (Capital Improvement Program Project No. 1200508); and (2) approved an amendment to the FY 2018 Program Budget, incorporating this increase. Yes – Chair Roberts, Vice Chair Sinnott, Mayor Hall, Mayor Bailey, Mayor Wells, Mayor Blakespear, Mayor Abed, Mayor Dedina, Councilmember Alessio, Councilmember Jones, Mayor Morrison, Deputy Mayor Lowery, Mayor Vaus, Councilmember Zapf, Council President Cole, Mayor Desmond, Mayor Minto, Councilmember Zito, and Mayor Ritter. (weighted vote, 100%). No – None (weighted vote, 0%). Abstain – None (weighted vote, 0%). Absent – County of San Diego – B and Chula Vista.
15. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT FEDERAL CREDIT ASSISTANCE: MID-COAST CORRIDOR TRANSIT PROJECT (DISCUSSION/POSSIBLE ACTION)
Mayor Desmond introduced the item.
José Nuncio, TransNet Department Director, and Mr. Douzdjian presented the item.
Victor Hsu, Norton Rose Fulbright, discussed the item recommendation.
Action: Upon a motion by Mayor Desmond, and a second by Chair Minto, the Board of Directors, acting as the Regional Transportation Commission: (1) approved the TIFIA financing method for the Mid-Coast Corridor Transit Project; (2) adopted RTC Resolution No. RTC-2017-06, authorizing the Executive Director to execute the TIFIA Loan Agreement and Direct Agreements, and the Seventh Supplemental Indenture; and (3) adopted RTC Resolution No. RTC-2017-07, authorizing the Executive Director to execute the SANDAG Direct Agreement. Yes – Chair Roberts, Vice Chair Sinnott, Mayor Hall, Mayor Bailey, Mayor Blakespear, Mayor Abed, Mayor Dedina, Councilmember Alessio, Councilmember Jones, Mayor Morrison, Deputy Mayor Lowery, Councilmember Zapf, Council President Cole, Mayor Desmond, Mayor Minto, and Councilmember Zito. (weighted vote, 100%). No – None (weighted vote, 0%). Abstain – None (weighted vote, 0%). Absent – County of San Diego – B, Chula Vista, El Cajon, Poway, and Vista.
4 16. CONTINUED PUBLIC COMMENTS
There were no continued public comments.
17. UPCOMING MEETINGS
The next Board Policy meeting is scheduled for Friday, June 9, 2017, at 10 a.m. The next Board Business meeting is scheduled for Friday, June 23, 2017, at 9 a.m.
18. ADJOURNMENT
Chair Roberts adjourned the meeting at 10:38 a.m.
5 Meeting Start Time: 9:05 a.m. Meeting Adjourned Time: 10:38 a.m.
ATTENDANCE SANDAG BOARD OF DIRECTORS’ MEETING MAY 26, 2017
ATTEND JURISDICTION NAME OPEN SESSION
City of Carlsbad Matt Hall (Primary) Yes City of Chula Vista Mary Salas (Primary) Yes City of Coronado Richard Bailey (Primary) Yes City of Del Mar Terry Sinnott, Vice Chair (Primary) Yes City of El Cajon Bill Wells (Primary) Yes City of Encinitas Catherine Blakespear (Primary) Yes City of Escondido Sam Abed (Primary) Yes City of Imperial Beach Serge Dedina (Primary) Yes City of La Mesa Kristine Alessio (Primary) Yes City of Lemon Grove Jerry Jones (Primary) Yes City of National City Ron Morrison (Primary) Yes City of Oceanside Chuck Lowery (1st. Alt.) Yes City of Poway Steve Vaus (Primary) Yes City of San Diego – A Lorie Zapf (1st Alt.) Yes City of San Diego – B Myrtle Cole (Primary) Yes City of San Marcos Jim Desmond (Primary) Yes City of Santee John Minto (Primary) Yes City of Solana Beach David Zito (Primary) Yes City of Vista Judy Ritter (Primary) Yes County of San Diego – B Dianne Jacob (Primary, Seat B) No County of San Diego – A Ron Roberts, Chair (Primary, Seat A) Yes Caltrans Laurie Berman (1st. Alt.) Yes Metropolitan Transit System Harry Mathis (Primary) Yes North County Transit Distric Rebecca Jones (Primary) Yes Imperial County Sup. John Renison (Primary) Yes U.S. Department of Defense Joe Stuyvesant (Primary) No San Diego Unified Port District Garry Bonelli (Primary) Yes San Diego County Mark Muir (Primary) Yes Water Authority Mexico Marcela Celorio (Primary) No Southern California Tribal Cody Martinez (Primary) No Chairmen’s Association
6 AGENDA ITEM NO. 17-06-3 BOARD OF DIRECTORS JUNE 23, 2017 ACTION REQUESTED – APPROVE
ACTIONS FROM POLICY ADVISORY COMMITTEES, File Number 8000100 INCLUDING ADOPTION OF FINAL MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE SAN DIEGO RIVER TRAIL – CARLTON OAKS SEGMENT
Recommendation Introduction
The Board of Directors is asked to ratify The following actions were taken by the Policy the actions of the Policy Advisory Advisory Committees since the last Board of Directors Committees. meeting.
Borders Committee (May 26, 2017)
The Borders Committee did not take any actions or make any recommendations.
Transportation Committee Meeting (June 2, 2017)
The Transportation Committee took the following action:
• Recommended that the Board of Directors approve an amendment to the FY 2018 Program Budget, adding an amount not to exceed $5 million to the Coastal Rail: Chesterfield to Santa Fe Drive Project (Capital Improvement Program [CIP] Project No. 1223017) in order to complete the construction of the east side alignment.
Joint Regional Planning and Transportation Committee Meeting (June 2, 2017)
The Regional Planning and Transportation Committees did not take any actions or make any recommendations.
Executive Committee Meeting (June 9, 2017)
The Executive Committee took the following action:
• Approved the draft agendas for the June 23, 2017, Board Business meeting, as amended, and the July 14, 2017, Board Policy meeting.
Transportation Committee Meeting (June 16, 2017)
The Transportation Committee took the following actions and made the following recommendations:
• Approved an amendment to the FY 2018 Program Budget to increase the budget for the North County Transit District (NCTD) COASTER Train Wash Overhaul (CIP Project No. 1131100) to $625,936; and (2) accepted $386,086 from NCTD to fully fund the project.
• Recommended that the Board of Directors: (1) approve an amendment to the FY 2018 Program Budget to add a new project, NCTD Bus Wash Replacement - West Division Facility (CIP Project No. 1131300); and (2) accept $721,371 from NCTD to fully fund the project.
• Approved the NCTD and Metropolitan Transit System’s FY 2018 operating budgets for funding, with the final NCTD budget subject to approval by the NCTD Board of Directors on June 15, 2017.
• Recommended that the Board of Directors: (1) approve the Guaranteed Maximum Price negotiated between Mid-Coast Transit Constructors and SANDAG for Supplement 7 of the Construction Manager/General Contractor Construction Services Agreement (Supplement 7) for the Rose Creek Bikeway Project (Project) in the amount of $17,001,856; and (2) authorize the Executive Director to execute Supplement 7 for construction of the Project.
• Recommended that the Board of Directors: (1) adopt Resolution Nos. 2017-22 through 2017-27 approving the FY 2018 Transportation Development Act claims and one State Transit Assistance Act (STA) Claim; and (2) adopt the STA findings as certified by the NCTD.
• The Transportation Committee recommends that the Board of Directors, acting as the San Diego County Regional Transportation Commission, approve the proposed approach for the first TransNet Ten-Year Comprehensive Program Review, including draft work plan concepts.
• Adopted the Final Mitigated Negative Declaration for the Carlton Oaks Golf Course Segment of the San Diego River Trail; and adopted the Mitigation Monitoring and Reporting Program for the Carlton Oaks Golf Course Segment of the San Diego River Trail, which identifies measures that are required as part of the project to substantially lessen or avoid significant environmental effects.
Public Safety Committee Meeting (June 16, 2017)
The Public Safety Committee meeting was cancelled.
GARY L. GALLEGOS Executive Director
Key Staff Contact: Victoria Stackwick, (619) 699-6926, [email protected]
2 AGENDA ITEM NO. 17-6-4A BOARD OF DIRECTORS JUNE 23, 2017 ACTION REQUESTED – APPROVE
ON-CALL MODELING AND FORECASTING File Number 8000100 CONSULTING SERVICES
Introduction Recommendation
Pursuant to Board direction, professional services The Board of Directors is asked to authorize awards associated with an original solicitation valued the Executive Director to execute multiple at $5 million or more or that require adoption of a contract awards for on-call Modeling and Resolution, require approval by the Board of Forecasting consulting services. Directors.
Discussion
Modeling and Forecasting Consulting Services
The Board of Directors authorized the Executive Director to conduct a solicitation for on-call modeling and forecasting services at its meeting on September 23, 2016. The solicitation is being utilized to establish a list of qualified on-call land-use, transportation and socioeconomic modeling and forecasting consultants to support the agency’s Overall Work Program and Capital Improvement Program projects in multiple categories. This solicitation covers a variety of areas in modeling and forecasting consulting, and was divided across the five main technology areas below:
• Category A – Land-Use and Socioeconomic Model Development, Research, and Review • Category B – Transportation Model Development, Research, and Review • Category C – Model Application and Analysis • Category D – Data Collection, Data Analysis, Data Management, and Visualization • Category E – Tolling Systems Modeling
As required by SANDAG Board Policy No. 016: Procurement of Services, and federal provisions, an independent cost estimate was prepared by SANDAG that resulted in an estimated need of $11.4 million over the five-year contract period. Factors that were considered in developing the estimate included historical use of modeling and forecasting consultants and projected expenditures over the contract term.
In November 2016, SANDAG conducted a formal procurement to solicit services from qualified modeling and forecasting consultants to provide services on an as-needed, task order basis. In December 2016, 35 responsive proposals were received in various modeling and forecasting categories. Staff evaluated each category separately. The number of firms recommended for award
in each category is based on the anticipated need in that category over the contract period, as well as the overall strength of proposals.
The following firms are being recommended for each category of services, and summaries of overall evaluation results are included in Attachment 1.
Category A: Land-Use and Socioeconomic Model Development, Research, and Review
• Resource Systems Group, Inc. • UrbanSim Inc. • Manhan Group, LLC.
Category B: Transportation Model Development, Research, and Review
• Resource Systems Group, Inc. • Hood Transportation Consulting, Inc. • WSP I Parsons Brinckerhoff, Inc.
Category C: Model Application and Analysis
• Resource Systems Group, Inc. • WSP I Parsons Brinckerhoff, Inc.
Category D: Data Collection, Data Analysis, Data Management, and Visualization
• Hood Transportation Consulting, Inc. • Resource Systems Group, Inc.
Category E: Tolling Systems Modeling
• Stantec Consulting Services, Inc. • CDM Smith, Inc.
The proposed contracts are for a five-year term. The timing and amount of work that will be needed from the consulting firms will depend on the anticipated needs over a five-year period; therefore, the amount of each contract awarded from the proposed solicitation will be determined based on the project(s) assigned. The maximum aggregate value of all contracts awarded from the solicitation will not exceed the original solicitation value of $11.4 million.
GARY L. GALLEGOS Executive Director
Attachment: 1. Summary of Overall Evaluation Results: On-Call Modeling and Forecasting Consultant Services
Key Staff Contact: Laura Coté, (619) 699-6947, [email protected]
2 Attachment 1
Summary of Overall Evaluation Results - On Call Modeling and Forecasting Services Interview Evaluation Final Scoring Category A - Land-Use and Socioeconomic Model Development, Research, and Review
Total Total Max. Sum of Overall Proposer Evaluation Criteria Weighted Weighted Ranks Rank* Score Score Possible Project Team 96.00 120 Organizational Experience 48.00 60 Proposed Methodology & Approach to Work 93.00 120 Resource Systems Group, Inc. Price 102.60 120 8.00 1 Interviews 92.00 120 References 52.20 60 Total Score 483.80 600 Project Team 98.00 120 Organizational Experience 49.00 60 Proposed Methodology & Approach to Work 91.00 120 UrbanSim Inc. Price 89.16 120 13.00 2 Interviews 96.00 120 References 54.00 60 Total Score 477.16 600 Project Team 92.00 120 Organizational Experience 46.00 60 Proposed Methodology & Approach to Work 94.00 120 Manhan Group, LLC. Price 86.70 120 15.00 3 Interviews 92.00 120 References 58.20 60 Total Score 468.90 600
*Final Proposer Overall Rank is determined using the Sum of Ranks instead of the Total Weighted Score. Each evaluator's total scores are sorted into individual Proposal ranks. Their individual ranks are then added together for a Sum of Ranks. The Sum of Ranks are ordered into Overall Ranks, with the lowest number indicating which Proposal scored the highest across the evaluators. This measure is more objective, mitigating for and normalizing the evaluators' scoring differentials.
4 Summary of Overall Evaluation Results - On Call Modeling and Forecasting Services Interview Evaluation Final Scoring Category B - Transportation Model Development, Research, and Review
Total Total Max. Sum of Overall Proposer Evaluation Criteria Weighted Weighted Ranks Rank* Score Score Possible Project Team 114.00 120 Organizational Experience 55.00 60 Proposed Methodology & Approach to Work 105.00 120 Resource Systems Group, Inc. Price 120.00 120 6.00 1 Interviews 110.00 120 References 56.40 60 Total Score 560.40 600 Project Team 109.00 120 Organizational Experience 49.00 60 Proposed Methodology & Approach to Work 105.00 120 Hood Transportation Consulting, Inc. Price 118.92 120 13.00 2 Interviews 105.00 120 References 45.00 60 Total Score 531.92 600 Project Team 100.00 120 Organizational Experience 52.00 60 Proposed Methodology & Approach to Work 104.00 120 WSP I Parsons Brinckerhoff, Inc. Price 94.86 120 17.00 3 Interviews 104.00 120 References 54.60 60 Total Score 509.46 600
*Final Proposer Overall Rank is determined using the Sum of Ranks instead of the Total Weighted Score. Each evaluator's total scores are sorted into individual Proposal ranks. Their individual ranks are then added together for a Sum of Ranks. The Sum of Ranks are ordered into Overall Ranks, with the lowest number indicating which Proposal scored the highest across the evaluators. This measure is more objective, mitigating for and normalizing the evaluators' scoring differentials.
13
5 Summary of Overall Evaluation Results - On Call Modeling and Forecasting Services Interview Evaluation Final Scoring Category C - Model Application and Analysis
Total Total Max. Sum of Overall Proposer Evaluation Criteria Weighted Weighted Ranks Rank* Score Score Possible Project Team 110.00 120 Organizational Experience 53.00 60 Proposed Methodology & Approach to Work 106.00 120 Resource Systems Group, Inc. Price 120.00 120 6.00 1 Interviews 113.00 120 References 57.60 60 Total Score 559.60 600 Project Team 107.00 120 Organizational Experience 52.00 60 Proposed Methodology & Approach to Work 101.00 120 WSP I Parsons Brinckerhoff, Inc. Price 103.62 120 12.00 2 Interviews 106.00 120 References 40.20 60 Total Score 509.82 600 Project Team 96.00 120 Organizational Experience 45.00 60 Proposed Methodology & Approach to Work 97.00 120 Hood Transportation Consulting Inc. Price 108.30 120 19.00 3 Interviews 88.00 120 References 39.00 60 Total Score 473.30 600 Project Team 86.00 120 Organizational Experience 41.00 60 Proposed Methodology & Approach to Work 81.00 120 Cambridge Systematics Inc. Price 104.94 120 23.00 4 Interviews 79.00 120 References 51.60 60 Total Score 443.54 600
*Final Proposer Overall Rank is determined using the Sum of Ranks instead of the Total Weighted Score. Each evaluator's total scores are sorted into individual Proposal ranks. Their individual ranks are then added together for a Sum of Ranks. The Sum of Ranks are ordered into Overall Ranks, with the lowest number indicating which Proposal scored the highest across the evaluators. This measure is more objective, mitigating for and normalizing the evaluators' scoring differentials.
6 Summary of Overall Evaluation Results - On Call Modeling and Forecasting Services Interview Evaluation Final Scoring Category D - Data Collection, Data Analysis, Data Management and Visualization
Total Total Max. Sum of Overall Proposer Evaluation Criteria Weighted Weighted Ranks Rank* Score Score Possible Project Team 108.00 120 Organizational Experience 52.00 60 Proposed Methodology & Approach to Work 111.00 120 Hood Transportation Consulting Inc. Price 120.00 120 7.00 1 Interviews 110.00 120 References 39.00 60 Total Score 540.00 600 Project Team 110.00 120 Organizational Experience 55.00 60 Proposed Methodology & Approach to Work 108.00 120 Resource Systems Group, Inc. Price 91.50 120 11.00 2 Interviews 110.00 120 References 60.00 60 Total Score 534.50 600
*Final Proposer Overall Rank is determined using the Sum of Ranks instead of the Total Weighted Score. Each evaluator's total scores are sorted into individual Proposal ranks. Their individual ranks are then added together for a Sum of Ranks. The Sum of Ranks are ordered into Overall Ranks, with the lowest number indicating which Proposal scored the highest across the evaluators. This measure is more objective, mitigating for and normalizing the evaluators' scoring differentials.
7 Summary of Overall Evaluation Results - On Call Modeling and Forecasting Services Interview Evaluation Final Scoring Category E - Tolling Systems Modeling
Total Total Max. Sum of Overall Proposer Evaluation Criteria Weighted Weighted Ranks Rank* Score Score Possible Project Team 92.00 120 Organizational Experience 45.00 60 Proposed Methodology & Approach to Work 92.00 120 Stantec Consulting Services, Inc. Price 78.20 120 6.00 1 Interviews 92.00 120 References 48.00 60 Total Score 447.20 600 Project Team 90.00 120 Organizational Experience 45.00 60 Proposed Methodology & Approach to Work 91.00 120 CDM Smith, Inc. Price 75.20 120 9.00 2 Interviews 91.00 120 References 40.50 60 Total Score 432.70 600 Project Team 74.00 120 Organizational Experience 36.00 60 Proposed Methodology & Approach to Work 72.00 120 WSP I Parsons Brinckerhoff, Inc. Price 91.65 120 15.00 3 Interviews 78.00 120 References 47.00 60 Total Score 398.65 600 Project Team 67.00 120 Organizational Experience 32.00 60 Proposed Methodology & Approach to Work 68.00 120 Steer Davies Gleave, Inc. Price 96.00 120 20.00 4 Interviews 69.00 120 References 42.50 60 Total Score 374.50 600
*Final Proposer Overall Rank is determined using the Sum of Ranks instead of the Total Weighted Score. Each evaluator's total scores are sorted into individual Proposal ranks. Their individual ranks are then added together for a Sum of Ranks. The Sum of Ranks are ordered into Overall Ranks, with the lowest number indicating which Proposal scored the highest across the evaluators. This measure is more objective, mitigating for and normalizing the evaluators' scoring differentials.
8 AGENDA ITEM NO. 17-6-4B BOARD OF DIRECTORS JUNE 23, 2017 ACTION REQUESTED – APPROVE
POST-EMPLOYMENT BENEFITS TRUST AGREEMENT File Number 8000100
The Board of Directors has taken several actions in Recommendation recent years to ensure the long-term sustainability of pension benefits for SANDAG employees. Most The Board of Directors is asked to: recently, attention has been given to reducing the (1) authorize the Executive Director to agency’s Unfunded Accrued Liability (UAL). As part of execute multiple contract documents with the FY 2017 Program Budget, the Board directed staff PFM Asset Management to serve as the to contribute funds to an Internal Revenue Code Section 115 Trust Administrator; and Section 115, tax-exempt, irrevocable trust (Trust) for (2) adopt Resolution No. 2017-28, in the purpose of saving for future pension costs. This substantially the same form as attached, action is intended to enable SANDAG to pay down its authorizing the adoption of a Post- UAL sooner than projected by CalPERS, saving the Employment Benefits Trust Agreement, agency millions of dollars in pension costs. An initial authorizing the Executive Director to contribution of $3.5 million will be made to the Trust execute all necessary documents and in FY 2017, and $1 million will be contributed in agreements to signify the adoption, and FY 2018. It is anticipated that contributions will confirming the appointment of the continue each year thereafter and would be Trustee and Trust Administrator as recommended to the Board of Directors as part of the detailed herein. annual Program Budget process.
In March 2017, SANDAG conducted a formal procurement to solicit services for a Section 115 Trust Administrator to provide investment advisory and consulting services in collaboration with a sponsored Trustee. In April, proposals were received from two firms that offer an Internal Revenue Service-approved Section 115 Trust: Public Agency Retirement Services and PFM Asset Management (PFM). PFM was determined to provide the best suite of services and is recommended for contract award. The proposed contract is for a five-year term and includes an estimated amount of $150,000 in fees to be paid to PFM and the Trustee, depending upon performance of the Trust. A summary of overall evaluation results is included as Attachment 1.
PFM’s Trustee, Wells Fargo Bank, N.A. (Wells Fargo), requires each participant in its multi-employer Trust to receive authorization from the organization’s governing body by adopting the Trust Agreement (Attachment 2), executing the necessary documents and agreements to signify its adoption, and approving, ratifying, and confirming the appointment of Wells Fargo as the Trustee and PFM as the Trust Administrator. These approvals are required to be memorialized in a resolution, which is included as Attachment 3. Next Steps
Pending adoption of Resolution No. 2017-28 by the Board of Directors, staff will finalize the agreements with PFM and Wells Fargo, and make the initial contribution to the Trust by June 30, 2017.
GARY L. GALLEGOS Executive Director
Attachments: 1. Summary of Overall Evaluation Results 2. Post-Employment Benefits Trust Agreement 3. Resolution No. 2017-28: Authorization of the Adoption of a Post-Employment Benefits Trust Agreement
Key Staff Contact: Laura Coté, (619) 699-6947, [email protected]
2 Summary of Overall Evaluation Results Attachment 1 Section 115 Trust Investment Advisory and Consulting Services Request for Proposals
Total Total Max. Sum of Overall Proposer Evaluation Criteria Weighted Weighted Ranks Rank* Score Score Possible
Best value pricing: proposed cost/fees in relation to experience 21.00 30.00 and qualifications Qualifications, experience, and/or unique credentials of the Proposer’s personnel related to the various activities described 55.00 60.00 in the Scope of Work. Proposer’s stated approach to providing investment advisory and general consulting services to SANDAG for the various 42.00 45.00 activities described in the Scope of Work.
PFM Asset Management Demonstrated experience of Proposer to successfully perform 3 1 the range of services outlined in this Request for Proposal (RFP); 40.50 45.00 demonstrated knowledge and expertise related to employee retirement programs, specifically Section 115 Trusts.
Appropriateness and quality of responses to interview questions 78.00 90.00
Feedback on performance from current or previous clients; 27.45 30.00 responsiveness of references. Total Score 263.95 300.00 Best value pricing: proposed cost/fees in relation to experience 26.00 30.00 and qualifications Qualifications, experience, and/or unique credentials of the Proposer’s personnel related to the various activities described 48.00 60.00 in the Scope of Work. Proposer’s stated approach to providing investment advisory and general consulting services to SANDAG for the various 31.50 45.00 activities described in the Scope of Work. Public Agency Retirement 6 2 Services Demonstrated experience of Proposer to successfully perform the range of services outlined in this RFP; demonstrated 39.00 45.00 knowledge and expertise related to employee retirement programs, specifically Section 115 Trusts.
Appropriateness and quality of responses to interview questions 75.00 90.00
Feedback on performance from current or previous clients; 30.00 30.00 responsiveness of references. Total Score 249.50 300.00
*Final Proposer Overall Rank is determined using the Sum of Ranks instead of the Total Weighted Score. Each evaluator's total scores are sorted into individual Proposal ranks. Their individual ranks are then added together for a Sum of Ranks. The Sum of Ranks are ordered into Overall Ranks, with the lowest number indicating which Proposal scored the highest across the evaluators. This measure is more objective, mitigating for and normalizing the evaluators' scoring differentials. 3 Attachment 2
Post-Employment Benefits Trust Agreement By and between
as Trust Administrator and
as Trustee
Effective July 1, 2015
Revision Date: November 2015 4 TABLE OF CONTENTS
Page
ARTICLE 1 DEFINITIONS ...... 2
ARTICLE 2 ESTABLISHMENT AND PURPOSE ...... 3
ARTICLE 3 PARTICIPATION ...... 4
3.1 Eligibility ...... 4
3.2 Commencement of Participation ...... 4
3.3 Termination of Participation...... 4
ARTICLE 4 GENERAL TRUST PROVISIONS ...... 5
4.1 Irrevocable Trust ...... 5
4.2 No Diversion ...... 5
4.3 Title to Trust Assets ...... 5
4.4 Spendthrift Provision ...... 5
4.5 Account Assets ...... 5
4.6 Separate Accounts...... 6
ARTICLE 5 TRUST ADMINISTRATOR ...... 7
5.1 Powers and Duties of the Trust Administrator ...... 7
5.2 Reliance ...... 7
5.3 Annual Audit ...... 7
5.4 Trust Administrator not Custodian of Trust Assets ...... 7
5.5 Furnishing of Administrative Services, Office Space, Equipment and Personnel ...... 7
5.6 Registered Investment Advisor ...... 8
5.7 Investment Advice to Other Clients ...... 8
5.8 Notice of Regulatory Action ...... 8
5.9 Trust Administrator Separate from Employer and Trustee ...... 8
5.10 Recordkeeping ...... 8
Revision Date: November 2015 5 TABLE OF CONTENTS
Page
5.11 Disclosure Statement ...... 8
5.12 Survival of Agreement and Assignment ...... 9
ARTICLE 6 TRUSTEE ...... 9
6.1 Powers and Duties of the Trustee ...... 9
ARTICLE 7 INVESTMENTS ...... 11
7.1 Trustee ...... 11
7.2 Trust Administrator ...... 11
7.3 Combining of Assets for Investment ...... 11
7.4 Investment Direction ...... 11
7.5 Broker Executed Investments ...... 11
7.6 Affiliated Broker/Dealers ...... 11
7.7 Quarterly Reports ...... 12
ARTICLE 8 PAYMENTS FROM TRUST ...... 12
8.1 Plan Administrator...... 12
8.2 Trustee Reliance ...... 12
8.3 Payments ...... 12
ARTICLE 9 TAXES, EXPENSES AND COMPENSATION OF THE TRUSTEE AND TRUST ADMINISTRATOR ...... 13
9.1 Payment of Fees ...... 13
9.2 Trust Administration Fees ...... 13
9.3 Trustee Fees ...... 13
9.4 Reimbursement of Expenses ...... 13
ARTICLE 10 RECORDKEEPING AND VALUATION ...... 13
10.1 Trust Records ...... 13
10.2 Separate Account Records ...... 13
10.3 Quarterly Reports ...... 13 ii
Revision Date: November 2015 6 TABLE OF CONTENTS
Page
10.4 Valuation ...... 14
ARTICLE 11 STANDARD OF CARE AND INDEMNIFICATION ...... 14
11.1 Exclusive Purpose ...... 14
11.2 Standard of Care...... 14
11.3 Trustee Indemnification of Trust Administrator ...... 14
11.4 Trust Administrator Indemnification of Trustee ...... 14
11.5 Survival of Indemnifications ...... 15
ARTICLE 12 RESIGNATION AND REMOVAL OF TRUST ADMINISTRATOR ...... 15
12.1 Resignation or Removal of Trust Administrator ...... 15
12.2 Designation of Successor Trust Administrator ...... 15
12.3 Compensation Pending Appointment of Successor...... 15
12.4 Merger, Conversion, Consolidation or Sale of Trust Administrator ...... 15
12.5 Successor Trust Administrator - No Duty to Investigate ...... 15
ARTICLE 13 RESIGNATION AND REMOVAL OF TRUSTEE ...... 16
13.1 Resignation of Trustee ...... 16
13.2 Removal of Trustee ...... 16
13.3 Designation of Successor Trustee ...... 16
13.4 Application to Court to Designate Successor ...... 16
13.5 Trustee Compensation Pending Appointment of Successor ...... 16
13.6 Merger, Conversion, Consolidation or Sale of Trustee ...... 16
13.7 Transfer of Assets and Records ...... 16
13.8 Payment of Expenses ...... 16
13.9 Successor Trust Administrator - No Duty to Investigate ...... 16
ARTICLE 14 AMENDMENT, TERMINATION, MERGER, TRANSFER ...... 17
14.1 Amendment ...... 17
iii
Revision Date: November 2015 7 TABLE OF CONTENTS
Page
14.2 Termination of Trust...... 17
14.3 Termination of Employer's Account...... 18
14.4 Mistake of Fact ...... 18
14.5 Merger or Transfer ...... 18
14.6 Reversion ...... 18
ARTICLE 15 MISCELLANEOUS ...... 19
15.1 Choice of Law ...... 19
15.2 No Joint Powers Agreement ...... 19
15.3 Authorized Signatories ...... 19
15.4 List of Persons Authorize to Act for Employer ...... 19
15.5 List of Persons Authorized to Act for Trust Administrator ...... 19
15.6 Agreement Controls ...... 19
15.7 Severability ...... 19
15.8 Counterparts ...... 19
15.9 Delivery of Communications ...... 19
iv
Revision Date: November 2015 8
POST-EMPLOYMENT BENEFITS TRUST AGREEMENT
This Post-Employment Benefits Trust Agreement (“Agreement”) is made effective July 1, 2015, between WELLS FARGO BANK, N.A. (together with any successor trustee hereunder, the “Trustee”) and PFM ASSET MANAGEMENT LLC (together with any successor trust administrator hereunder, the “Trust Administrator”);
WHEREAS, the Trust Administrator wishes to establish a means by which public-agency employers may set aside moneys to fund the employers’ obligations to provide eligible persons (“Beneficiaries”) with (i) pension benefits and (ii) retiree-health benefits and other post- employment benefits other than pension benefits (“OPEB”);
WHEREAS, to accomplish these objectives, the Trustee wishes to establish a multiple- employer trust (“Trust”) for the exclusive purpose of providing amounts to fund participating employers’ obligations to provide OPEB or pension benefits, or both, with the intent that (i) the Trust’s income will be exempt from federal and state income tax (under Internal Revenue Code Section 115 with respect to federal income tax), (ii) contributions and transfers to the Trust will not be taxable to Beneficiaries, (iii) Trust assets are intended to qualify as “plan assets” to the maximum extent permitted under Governmental Accounting Standards Board statements applicable to OPEB and pension benefits, and (iv) all assets of the Trust are and will be irrevocably dedicated to, and will be used for the exclusive purposes of, providing for payments of OPEB and pension obligations as described in this Agreement, and paying the reasonable expenses of administering the Trust, and will not be available to any participating employer’s creditors;
WHEREAS, the Trust Administrator and Trustee are unaffiliated entities;
WHEREAS, the Trustee is willing to accept the Trust;
WHEREAS, the Trust is an entity separate from the participating employers for the exclusive benefit of the Beneficiaries and not of the employers;
WHEREAS, the indicia of ownership of Trust assets will be held by the Trustee at all times and the Trust assets will not be considered participating employers’ funds or assets for any purpose;
WHEREAS, PFM Asset Management LLC is willing to serve as the Trust Administrator of the Trust with the rights and duties of the Trust Administrator provided in this Agreement;
WHEREAS, the Trust Administrator will have exclusive authority and responsibility for the management, administration, and investment of Trust assets in its sole judgment in accordance with this Agreement, without any requirement of consent by any participating employer or, except as expressly provided herein, of notice to any participating employer;
WHEREAS, every Employer is a state, political subdivision of a state, or other entity whose income is excludible from gross income under Section 115 of the Code; and
WHEREAS, the Trustee is a national banking association and a corporate trustee, with all requisite powers and capabilities to act as the Trustee and administer the Trust as set forth in this Agreement.
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Revision Date: November 2015 9
NOW, THEREFORE, the Trust Administrator and the Trustee agree as follows:
ARTICLE 1
DEFINITIONS
1.1 "Account" is defined in Section 4.6.
1.2 "Adoption Agreement" means the written instrument by which the Employer adopts and participates in the Trust in accordance with this Agreement, and by which the Employer makes certain elections relating to its participation in the Trust.
1.3 “Agreement” means this Post-Employment Benefits Trust Agreement between the Trustee and the Trust Administrator.
1.4 "Beneficiary" means a person who is entitled to post-employment benefits under the Employer’s OPEB Plan or Pension Plan.
1.5 "Code" means the Internal Revenue Code of 1986, as amended.
1.6 "Employer" means each public agency that executes the Adoption Agreement, thereby becoming a participating agency in the Trust. Such agency must be a state, a political subdivision of a state, or an entity whose income is excludible from gross income under Section 115 of the Code.
1.7 "Investment Policy Statement" means the separate statement of policy for investing the assets of each Employer's Account, a copy of which is attached to the Employer's Adoption Agreement and which is satisfactory to the Employer.
1.8 “Omnibus Account” is defined in Section 4.6.
1.9 "OPEB" means post-employment health and welfare benefits (other than pensions) provided by the Employer under the OPEB Plan to Beneficiaries, including medical, dental, vision, life insurance, long-term care and other similar benefits.
1.10 “OPEB Account” is defined in Section 4.6.
1.11 “OPEB Obligation” means the Employer’s obligation to provide OPEB under the Employer’s OPEB Plan, including the direct costs of the OPEB and the expenses associated with providing the OPEB.
1.12 “OPEB Plan” means the policies, collective bargaining agreement, or other arrangements under which a Beneficiary is entitled to receive OPEB, but only if the policy, agreement, or other arrangement is specified by the Employer in the Adoption Agreement.
1.13 “Pension Account” is defined in Section 4.6.
1.14 “Pension Obligation” means the Employer’s obligation to contribute to the qualified trust of the Employer’s Pension Plan and to pay the expenses associated with providing
2
Revision Date: November 2015 10
benefits under the Pension Plan. For this purpose, “qualified trust” means a trust that is qualified under Section 401(a) of the Code and that funds retirement benefits provided under the Pension Plan. A qualified trust is separate from this Trust and will not be considered part of this Trust for any purpose.
1.15 “Pension Plan” means one or more defined-benefit plans, each of which is (i) qualified under Section 401(a) of the Code, (ii) sponsored by the Employer in order to provide retirement benefits to Beneficiaries, including but not limited to a stand-alone plan maintained solely by the Employer or a multiple-employer or multiemployer plan in which the Employer participates along with one or more other employers, (iii) partly or wholly funded by the Employer’s contributions, and (iv) specified by the Employer in the Adoption Agreement.
1.16 "Plan Administrator" means the person(s) or entity appointed by the Employer with the plenary authority over the Account. The Plan Administrator may delegate all or any part of its authority to any person(s) or entity. The Employer must, at the time and in the manner specified by the Trustee and the Trust Administrator, certify in writing to the Trustee and the Trust Administrator the names and specimen signatures of the Plan Administrator and its delegates; no appointment or delegation under this Section 1.16 will be effective without that certification. If no person or entity is appointed as Plan Administrator, the Employer will be the Plan Administrator.
1.17 “Trust" means the Post-Employment Benefits Trust established by this Agreement.
1.18 "Trust Administrative Services Agreement" means the agreement in the form attached to each Adoption Agreement and executed between the Employer and the Trust Administrator which authorizes the Trust Administrator to administer the Employer's Account.
1.19 "Trust Administrator" means PFM Asset Management LLC or any successor thereof designated by the Employers under Article 12.
1.20 "Trustee" means Wells Fargo Bank, N.A., or any successor trustee designated by the Trust Administrator in accordance with Article 13.
ARTICLE 2
ESTABLISHMENT AND PURPOSE
The Trust is a multiple-employer trust arrangement established and maintained for the sole purposes of holding the assets used to fund Employers' OPEB Obligations and Pension Obligations, and for paying each Employer's reasonable, allocable expenses of administering the Trust. As such, the Trust is divided into separate Accounts to hold the assets of each participating Employer. Consistent with its purpose, the Trust is intended to qualify as a tax- exempt trust performing an essential governmental function within the meaning of Section 115 of the Code. Each participating Employer retains an interest only in the assets held in that Employer's Account as set forth in Section 4.6.
3
Revision Date: November 2015 11
ARTICLE 3
PARTICIPATION
3.1 Eligibility. Only public agencies may become participating Employers in the Trust. For this purpose, a public agency means a state, political subdivision of a state, or an entity whose income is excludible from gross income under Section 115 of the Code.
3.2 Commencement of Participation. A public agency may become a participating Employer in the Trust by furnishing the Trust Administrator with the following: (i) an executed Adoption Agreement, (ii) an executed Trust Administrative Services Agreement, (iii) a certified copy of a resolution, minutes, or other documentary evidence of the Employer's governing body approving the adoption of the Agreement, and (iv) any other documentation as the Trust Administrator may require. The public agency will become a participating Employer upon the Trust Administrator's written acceptance of the documents described in the preceding sentence.
3.3 Termination of Participation.
(a) An Employer may elect in writing to withdraw from the Trust by filing such election with the Trust Administrator and the Trustee at least 30 days before the effective date of the withdrawal. As soon as administratively practicable after the effective date, the Trustee will segregate the withdrawing Employer's Account and transfer the assets in such Account to a trust established by agreement between the Employer and a successor trustee, but only if the Employer certifies in writing to the Trust Administrator that the trust satisfies the requirements of Section 115 of the Code.
(b) In the event the Trust Administrator contemplates an assignment of this Agreement in connection with a change of control or otherwise (collectively, an “assignment”), the Trust Administrator will provide each Employer with written notice at least 60 days before the effective date of such assignment. Upon receipt of such notice, each Employer may elect to terminate participation and withdraw from the Trust at any point prior to the effective date of the assignment as set forth in the notice. If an Employer does not provide notice of its desire to terminate within the 60-day notice period, the Employer’s consent to the contemplated assignment will be implied.
(c) If the Employer has an Omnibus Account and both its Pension Obligation and OPEB Obligation have terminated, Section 14.3(b) will apply. If the Employer has an OPEB Account and its OPEB Obligation has terminated, Section 14.3(c) will apply. If the Employer has a Pension Account and its Pension Obligation has terminated, Section 14.3(d) will apply. An Employer’s Pension Obligation or OPEB Obligation will be deemed terminated for these purposes upon the Trust Administrator’s receipt of a certified copy of a resolution, minutes, or other documentary evidence of the Employer’s governing body approving of the respective termination.
(d) Each Employer agrees to immediately notify the Trust Administrator upon receipt of a determination from the Internal Revenue Service that has the effect of rendering the Employer’s Account ineligible for the tax exemption under Section
4
Revision Date: November 2015 12
115 of the Code, such as any determination that the Employer is not a public agency. In such a case, as soon as administratively practicable after the Trust Administrator notifies the Trustee of the Internal Revenue Service's determination, the Trustee will segregate and place the Employer's Omnibus Account, OPEB Account, and Pension Account (as applicable) in a separate trust established for the exclusive purpose of funding the Employer’s OPEB and Pension Obligation, OPEB Obligation only, or Pension Obligation only, respectively.
ARTICLE 4
GENERAL TRUST PROVISIONS
4.1 Irrevocable Trust. The Trust is irrevocable.
4.2 No Diversion. The principal of the Trust, together with any earnings thereon, will be held in trust by the Trustee separate and apart from any assets of the Employer. Except as provided in Sections 14.3 and 14.4, all assets in each Account and all income thereon are irrevocably dedicated to, and will be used for the exclusive purpose of, making payments of OPEB Obligations or Pension Obligations, as applicable, under the OPEB Plan or Pension Plan for which the Account was established and for paying the reasonable expenses of the Employer's participation in the Trust. At no time will the assets in any Employer's Account be used for, or diverted to, any other purposes, including but not limited to payment of any other Employer's OPEB Obligations or Pension Obligations.
4.3 Title to Trust Assets. The Trustee has exclusive right, title, and interest in and to the assets of the Trust.
4.4 Spendthrift Provision. Assets held in the Trust may not be used to satisfy claims of creditors of any Employer. No Beneficiary will be deemed a third-party beneficiary of this Agreement, nor will any Beneficiary have the right to compel any payment of any amount from the assets of the Trust or to enforce any duties of any party to or other entity referred to in this Agreement. Beneficiaries will not have any preferred claim, lien on, or security interest in, or any beneficial interest in any particular assets of the Trust. Beneficiaries will be entitled to receive payments of assets of the Trust only when, as, and if determined by the Employer in accordance with this Agreement. Except to the extent allowed by law, the Trust is not subject to attachment or garnishment or other legal process by any creditor of any such Beneficiary, nor will any Beneficiary have the right to alienate, anticipate, commute, pledge, encumber, or assign any Trust assets.
4.5 Account Assets. Each Employer may at any time make (or cause to be made) contributions or transfers of cash or other assets acceptable to the Trustee to the Trust from any source. Neither the Trustee nor any Beneficiary or any party to or any other entity referred to in this Agreement will have any right to compel such contributions or transfers or any duty to determine whether any such contributions or transfers comply with the Employer's OPEB Plan or Pension Plan, as applicable. In addition, neither the Trustee nor the Trust Administrator is responsible for separately accounting of any contributions of transfers to the Trust or for determining the source of these amounts.
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Revision Date: November 2015 13
4.6 Separate Accounts.
(a) Upon the effective date of an Employer's participation in the Trust under Article 3, the Trustee will establish a separate Account to which the Trustee will (i) credit all contributions or transfers from the Employer to the Trust and any income and gains attributable to those amounts, and (ii) debit all distributions, transfers from the Trust, and any losses and expenses attributable to those amounts. The Employer will have an interest only in the assets in the Employer's Account, and those assets will be available only to pay the Employer’s OPEB Obligations and Pension Obligations and will not be available to pay any other Employer’s obligations.
(b) At the direction of the Trust Administrator, the Trustee may pool or commingle for investment purposes assets in the Employer's Account with other assets of the Trust and may invest all or a portion of those assets in any separate fund or account (including common investment pools or trusts) established under this Agreement or other investments permitted under this Agreement as set forth in Article 7. If any of the Employer's Account assets are pooled or commingled for investment purposes with other assets of the Trust or invested with other assets of the Trust in a separate fund or account, the Employer's Account will have an undivided beneficial interest in the Trust itself or in the particular investment funds, as the case may be, and these ownership interests will be represented by units or shares that the Trustee will hold in the Employer's Account.
(c) Each Employer’s Account contains up to three types of subaccounts (each of which may contain one or more subaccounts): an “Omnibus Account,” “Pension Account,” and “OPEB Account”. Assets under the Omnibus Account are available to fund the Employer’s Pension Obligations or OPEB Obligations and allocable expenses of participating in the Trust. Assets under the Employer’s Pension Account are available only to fund the Employer’s Pension Obligation and allocable expenses of participating in the Trust. Assets under the Employer’s OPEB Account are available only to fund the Employer’s OPEB Obligation and allocable expenses of participating in the Trust. Contributions or transfers to an Employer’s Account will be allocated to the subaccounts as follows:
(1) Contributions and transfers received by the Trust on the Employer’s behalf will be allocated to the Omnibus Account, Pension Account or OPEB Account, or any combination of these subaccounts, as directed by the Plan Administrator.
(2) Any contributions or transfers for which the Plan Administrator does not provide allocation directions will be held in the Omnibus Account. The Plan Administrator may at any time direct the allocation of amounts in the Omnibus Account to either the Pension Account or the OPEB Account.
(3) Once allocated to the Pension Account or the OPEB Account, amounts under the Trust may not subsequently be transferred to any other subaccount. Notwithstanding the preceding sentence, at the Plan Administrator’s direction, the Trustee will reverse any allocation to the Pension Account or OPEB Account and deposit the funds (together with allocable earnings and losses) in one or both of the other two
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subaccounts, but only if the Plan Administrator notifies the Trustee in writing within 30 days after the allocation that the allocation was due to mistake of fact and provides any other documentation required by the Trustee in its sole discretion.
ARTICLE 5
TRUST ADMINISTRATOR
5.1 Powers and Duties of the Trust Administrator. The Trust Administrator has sole discretion and authority to do any of the following:
(a) At the direction of the Plan Administrator, instruct the Trustee to make distributions from the Employer's Account, including from any subaccount under the Account;
(b) Direct the Trustee to pay the fees of the Trust Administrator;
(c) Direct the Trustee as to the investment and management of Trust assets; and
(d) Such other acts as may be agreed to by the Employer and the Trust Administrator in the Trust Administrative Services Agreement or are necessary or appropriate to effect the intent of this Agreement.
5.2 Reliance. In the performance of its duties hereunder, the Trust Administrator is entitled to rely on, and is under no obligation to investigate instructions or data received from the Plan Administrator, including whether the amount of contributions or transfers made to the Trust by the Employer comply with the Employer's OPEB Plan or Pension Plan. Accordingly, the Trust Administrator will not be liable for action or inaction that is caused directly or indirectly by erroneous or late instructions or data furnished by the Plan Administrator.
5.3 Annual Audit. The Trust Administrator shall appoint a responsible accounting firm to conduct an annual audit of the Trust at the sole expense of the Employers. The results of such audit will be provided to the Trust Administrator, the Trustee, and each of the Employers. The Employer will be solely responsible for any expenses associated with any separate audit of the Employer’s Account or the Employer’s participation in the Trust, and no Trust assets outside the Employer’s Account may be used to pay any part of those expenses.
5.4 Trust Administrator not Custodian of Trust Assets. The Trustee shall have sole custody of cash, securities and other assets of the Trust. The Trust Administrator is authorized to give instructions to the Trustee as to deliveries of securities and payments of cash for the account of the Trust. The Trust Administrator shall not take possession of or act as custodian for the cash, securities or other assets of the Trust and shall have no responsibility in connection therewith.
5.5 Furnishing of Administrative Services, Office Space, Equipment and Personnel. The Trust Administrator shall furnish at its own expense all necessary administrative services, office space, equipment, clerical personnel, telephone and other
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communication facilities, and executive and supervisory personnel required to perform its duties under this Agreement.
5.6 Registered Investment Advisor. The Trust Administrator hereby represents that it is a registered investment advisor under the Investment Advisers Act of 1940. The Trust Administrator shall immediately notify every Employer and the Trustee if at any time during the term of this Agreement it is not so registered or if its registration is suspended. The Trust Administrator agrees to perform its duties and responsibilities under this Agreement with reasonable care as provided by law. The federal securities laws impose liabilities under certain circumstances on persons who are required to act in good faith. Nothing in this Agreement shall in any way constitute a waiver or limitation of any rights which the Employers, the Trust Administrator, or the Trustee may have under any federal securities laws.
5.7 Investment Advice to Other Clients. The Employers and the Trustee understand that the Trust Administrator performs investment advisory services for various other clients which may include investment companies, commingled trust funds and individual portfolios. The Employers and the Trustee agree that the Trust Administrator may give advice or take action with respect to any of its other clients which may differ from advice given or the timing or nature of action taken with respect to the Trust, so long as it is the policy and practice of the Trust Administrator, to the extent practical, to allocate investment opportunities to the Trust over a period of time on a fair and equitable basis relative to other clients. The Trust Administrator will not have any obligation to purchase, sell or exchange any security for the Trust solely by reason of the fact that the Trust Administrator, its principals, affiliates, or employees may purchase, sell or exchange such security for the account of any other client or for themselves.
5.8 Notice of Regulatory Action. The Trust Administrator shall promptly give notice to each Employer and the Trustee if the Trust Administrator has received written notice of the filing against it or any professional of the Trust Administrator who has performed any service with respect to the Trust in the 24 preceding months, of any complaints or disciplinary actions by the Securities and Exchange Commission or any other regulatory agency or department of the United States, any registered securities exchange, the FINRA, any Attorney General, or any regulatory agency or authority of any State.
5.9 Trust Administrator Separate from Employer and Trustee. The Trust Administrator, its employees, officers and representatives, shall not be deemed to be employees, agents, partners, servants, and/or joint ventures of any of the Employers or the Trustee by virtue of this Agreement or any actions or services rendered under this Agreement.
5.10 Recordkeeping. The Trust Administrator shall maintain appropriate records of all its activities hereunder.
5.11 Disclosure Statement. The Trust Administrator warrants that at least five business days before the execution of this Agreement, it has delivered to the Trustee the Trust Administrator's current Securities and Exchange Commission Form ADV, Part II. The Trustee hereby acknowledges receipt of the disclosure statement at least five business days before the execution of this Agreement.
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5.12 Survival of Agreement and Assignment. The provisions of this Agreement will be binding on the Trust Administrator and its successors and assigns. The Trust Administrator may not, however, assign this Agreement without the consent of the Employers, which consent will be obtained through the process described in Section 3.3(b).
ARTICLE 6
TRUSTEE
6.1 Powers and Duties of the Trustee. To the extent directed by the Trust Administrator, the Trustee is authorized and empowered to do the following:
(a) Invest and reinvest Trust assets, together with the income therefrom.
(b) Establish and maintain Accounts to which the Trustee will (i) credit all contributions or transfers from the Employer to the Trust and any income and gains attributable to those amounts, and (ii) debit all distributions, transfers from the Trust, and any losses and expenses attributable to those amounts.
(c) Maintain accounts with, execute transactions through, and lend stocks, bonds or other securities on an adequately secured basis to, any brokerage firm.
(d) Perform accounting and maintain records of each Employer's Account and reconciling such Account with the Trust.
(e) Vote upon or tender any stocks, bonds or other securities and to give general or special proxies or powers of attorney with or without power of substitution; to exercise any conversion privileges, subscription rights or other options of which the Trustee receives actual notice, and to make any payments incidental thereto; to consent to or otherwise participate in corporate reorganizations or other changes affecting corporate securities and to delegate discretionary powers and to pay any assessments or charges in connection therewith; and generally to exercise any of the powers of an owner with respect to stocks, bonds, securities or other property held in Trust.
(f) Deposit or invest all or any part of the assets of the Trust in savings accounts or certificates of deposit or other deposits in a bank or savings and loan association or other depository institution, including the Trustee or any of its affiliates; provided that, with respect to such deposits with the Trustee or an affiliate, the deposits bear a reasonable rate of interest.
(g) Invest and reinvest any Trust assets in one or more collective investment funds.
(h) Hold, manage, improve, repair and control all investment property, real or personal, forming part of the Trust; to sell, convey, transfer, exchange, partition, pledge, encumber, lease for any term, even extending beyond the duration of this Trust, and otherwise dispose of the same from time to time.
(i) Take such actions as may be necessary or desirable to protect the Trust from loss due to the default on mortgages held in the Trust including the appointment
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of agents or trustees in such other jurisdictions as may seem desirable, to transfer property to such agents or trustees, to grant to such agents such powers as are necessary or desirable to protect the Trust, to direct such agent or trustee, or to delegate such power to direct, and to remove such agent or trustee.
(j) Settle, compromise or abandon all claims and demands in favor of or against the Trust.
(k) Borrow money from any source and to execute promissory notes, mortgages, or other obligations and to pledge or mortgage any Trust assets as security.
(l) Designate and engage the services of such agents, representatives, advisers, counsel and accountants, any of whom may be an affiliate of the Trustee or a person who renders services to such an affiliate and, as part of its expenses under this Agreement, to pay their reasonable expenses and compensation.
(m) Hold in cash, without liability for interest, such portion of the Trust assets as is pending investment, or payment of expenses, or distribution.
(n) Make, execute and deliver, as the Trustee, any and all deeds, leases, mortgages, conveyances, waivers, releases or other instruments in writing necessary or appropriate for the accomplishment of any powers listed in this Agreement.
(o) Register securities, or any other property, in its name or in the name of any nominee, including the name of any affiliate or the nominee name designated by any affiliate, with or without indication of the capacity in which property shall be held, or to hold securities in bearer form and to deposit any securities or other property in a depository or clearing corporation.
(p) Pay or cause to be paid from the Trust any and all real or personal property taxes, income taxes or other taxes with respect to the Trust.
(q) Enter into interest rate, currency, cash-flow, indexed (including indexed to equities) and other types of swaps and hedges designed to hedge payment, interest rate, currency, duration, spread or similar exposure related to any investment or program of investments of Trust assets or to manage asset/liability matching between investments and OPEB Obligations or Pension Obligations, or both, to be paid therefrom.
(r) Exercise all of the further rights, powers, options and privileges granted, provided for, or vested in trustees generally under applicable state law so that the powers conferred upon the Trustee herein shall not be in limitation of any authority conferred by law or under this Agreement, but shall be in addition thereto; provided that such powers satisfy applicable state law requirements (if any).
(s) Any other acts which the Trustee deems necessary or appropriate for the protection of the Trust.
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ARTICLE 7
INVESTMENTS
7.1 Trustee. The Trustee shall hold and administer Trust assets without distinction between principal and income.
7.2 Trust Administrator. The Trust Administrator has exclusive authority and responsibility for the management and investment of Trust assets, and the Trustee is authorized and directed to comply with the written directions of the Trust Administrator concerning Trust assets. The Trust Administrator may, from time to time and in its sole discretion, allocate some or all of the cash in an Account at the end of each business day into a sweep investment fund managed by the Trust Administrator. Any amounts held in a sweep investment fund would typically be reallocated on the next business day. The Trust Administrator may not issue any such direction in violation of the terms of the Trust. The Trustee has no duty or authority to (i) review, question, approve or make inquiries as to any investment directions given pursuant to this Agreement, or (ii) determine whether investments directed by the Trust Administrator are in compliance with any applicable State laws.
7.3 Combining of Assets for Investment. As instructed by the Trust Administrator, the Trustee may commingle, for investment or administration purposes, the assets (or a portion of the assets) of the Trust in any group trust within the meaning of Section 401(a)(24) of the Code, but only if the commingled trust qualifies as tax exempt under Revenue Ruling 2011-1 and any subsequent relevant guidance from the Internal Revenue Service. In addition, at the Trust Administrator's direction, the Trustee may aggregate the balances of one or more Accounts within the Trust for investment or administrative purposes, in which case the Trustee will credit and debit each Account in accordance with Section 4.6.
7.4 Investment Direction. The Trust Administrator will direct the Trustee to invest the assets of each Employer’s Account in accordance with the principles set forth in the Investment Policy Statement in any investments permitted under this Agreement.
7.5 Broker Executed Investments. Transactions in investments that require execution through a broker will be executed through such broker or brokers as the Trust Administrator will select. The indicia of ownership of Trust assets will be held by the Trustee at all times, and the Trustee shall serve as sole custodian of Trust assets.
7.6 Affiliated Broker/Dealers. Neither the Trustee nor any affiliate of the Trustee will act as broker dealer to execute transactions, including the purchase of securities directly distributed, underwritten or issued by an affiliate of the Trustee, or otherwise provide investment services with respect to the Trust; provided, however, that the Trustee (or its affiliate) may provide ancillary non-advisory investment services with respect to the Trust, including investment of Trust assets in money market or stable value funds distributed, underwritten or issued by the Trustee (or its affiliate) to the extent these investments are permitted under this Agreement. The Trustee and the Trust Administrator will disclose any services or relationships to each Employer before the Employer's commencement of participation in the Trust and at least annually thereafter, and any such services will be provided at standard commission rates, mark-ups or concessions.
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7.7 Quarterly Reports. The Trust Administrator will provide to each Employer a quarterly analysis of the performance of the investments of each Account and statement of any changes in investments made in such quarter. The asset information for such analysis will be supplied to Trust Administrator by the Trustee. The report required by this Section 7.7 is separate from the reports required by Section 10.3.
ARTICLE 8
PAYMENTS FROM TRUST
8.1 Plan Administrator.
(a) Each Employer's Plan Administrator has the exclusive authority and responsibility to determine the extent to which amounts will be paid from the Employer's Account. Neither the Trust Administrator nor the Trustee will make or authorize disbursements or transfers from any Employer's Account without the explicit written direction from the Employer's Plan Administrator.
(b) From time to time, the Plan Administrator will direct the Trustee in writing to disburse amounts from the Employer's Omnibus Account for any purpose permitted under Section 8.1(c) or (d).
(c) From time to time, the Plan Administrator will direct the Trustee in writing to disburse amounts from the Employer's OPEB Account for OPEB Obligations to (i) the Plan Administrator for subsequent distribution to or for the benefit of the Employer's Beneficiaries, (ii) any party providing services for the Employer’s OPEB Plan, including but not limited to any insurer, third-party administrator, or other service provider, (iii) the Employer's Beneficiaries themselves directly, or (iii) the Employer as reimbursement for any OPEB Obligation amount paid or incurred by the Employer.
(d) From time to time, the Plan Administrator will direct the Trustee in writing to disburse amounts from the Employer's Pension Account to (i) the Pension Plan as contributions to the plan’s qualified trust, (ii) the Plan Administrator, for subsequent payment of the Employer’s Pension Obligation, (iii) any party providing services for the Employer’s Pension Plan, including but not limited to any insurer, third-party administrator, or other service provider, or (iv) the Employer as reimbursement for any Pension Obligation amount paid or incurred by the Employer.
8.2 Trustee Reliance. Except as otherwise provided by law, the Trustee will be fully protected in making payments out of any Employer's Account at the direction of the Employer's Plan Administrator. The Trustee’s sole obligation as to those disbursements shall be to observe the instructions of the Plan Administrator to the extent that the Account has assets to make disbursements as instructed by the Plan Administrator. Nothing in the Trust or any Plan shall constitute a guarantee that Trust assets will be sufficient to pay the Employer’s OPEB Obligations or Pension Obligations.
8.3 Payments. The Trustee is authorized to disburse amounts from the Trust to pay the fees and expenses of administering the Trust as expressly authorized by this Agreement, or as instructed in writing by the Trust Administrator.
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ARTICLE 9
TAXES, EXPENSES AND COMPENSATION OF THE TRUSTEE AND TRUST
ADMINISTRATOR
9.1 Payment of Fees. Subject to Section 4.2, each Employer’s Account will be charged for allocable Trustee Fees, Trust Administration Fees, and any other fees specified in the Trust Administrative Service Agreement. To the extent permitted in the Trust Administrative Service Agreement and Adoption Agreement, the Employer may elect in the Adoption Agreement to instead pay such fees from the Employer’s assets.
9.2 Trust Administration Fees. “Trust Administration Fees” means the fees of the applicable investment funds and the fees for all services of the Trust Administrator specified in the Trust Administrative Services Agreement. The Trust Administrator is authorized to instruct the Trustee to disburse funds from the Account for the payment of the Trust Administration Fees to the Trust Administrator to the extent not paid by the Employer or deducted from the gross earnings of the investment funds. If and to the extent that the Trustee requests that the Trust Administrator render services to the Trust other than those to be rendered by the Trust Administrator hereunder, such additional services will be compensated separately on terms to be agreed upon between the Trust Administrator and the Trustee.
9.3 Trustee Fees. "Trustee Fees" means the Trustee's fees for services provided by it under this Agreement. These fees will be separately disclosed to the Employer prior to the commencement of the Employer's participation in the Trust. The Trustee is authorized to disburse funds from the Trust to itself for the payment of these fees to the extent not paid by the Employers. The Trustee will notify the Trust Administrator in writing of any change in the Trustee Fees at least 90 days before the effective date of the change.
9.4 Reimbursement of Expenses. Except as expressly provided otherwise herein, the Trustee is authorized to disburse funds from the Trust to pay all reasonable expenses of administering the Trust, including, without limitation, any taxes payable by the Trust, fees and expenses of legal counsel to the Trust, insurance premiums, and expenses associated with performing the annual audit provided for in Section 5.3.
ARTICLE 10
RECORDKEEPING AND VALUATION
10.1 Trust Records. The Trustee will keep accurate and detailed records of all investments, receipts, disbursements, and all other transactions, including such specific records as may be agreed upon in writing between the Trust Administrator and the Trustee with respect to the Trust.
10.2 Separate Account Records. The Trustee will keep accurate and detailed records of all investments, receipts, disbursement, and all other transactions with respect to each separate Employer Account.
10.3 Quarterly Reports. Within 45 days after the last day of each calendar quarter (and within 60 days after removal or resignation of the Trustee), the Trustee will deliver to the Trust
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Administrator and each Employer a written account of the Employer's Account during such calendar quarter (or during the period from the close of the last preceding calendar quarter to the date of such removal or resignation), setting forth all deposits, investments, receipts, disbursements and other transactions effected by it with respect to the Account, including a description of transfers made and income received by the Account, all securities and investments purchased and sold with the cost or net proceeds of such purchases or sales (accrued interest paid or receivable being shown separately), all disbursements for the payment of OPEB Obligations and Pension Obligations, administrative expenses (any amounts paid to the Trustee shown separately) of the Trust paid from the Account, and showing all cash, securities and other property held in the Account at the end of such calendar quarter or as of the date of such removal or resignation, as the case may be.
10.4 Valuation. All securities will be valued at fair market value as of the date of valuation, as determined by the Trustee on the basis of all available information that the Trustee deems reasonable.
ARTICLE 11
STANDARD OF CARE AND INDEMNIFICATION
11.1 Exclusive Purpose. Except as provided in Sections 14.3 and 14.4, all Trust assets and all income thereon will be used for the exclusive purpose of providing for the payments of OPEB Obligations and Pension Obligations and for paying the reasonable expenses of administering the Trust.
11.2 Standard of Care. The Trustee and the Trust Administrator, when making, selling or otherwise managing investments of the funds, will discharge their duties with respect to the investment of the funds (i) solely in the interest of, and for the exclusive purposes of funding OPEB Obligations and Pension Obligations, maximizing the amount available for such funding, and paying reasonable expenses of administering the Trust, and (ii) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with these matters would use in the conduct of an enterprise of a like character and with like aims. The Trust Administrator will invest assets in each Employer’s Account accordance with the applicable Investment Policy Statement, but only to the extent that doing so does not conflict with the duties described in the preceding sentence.
11.3 Trustee Indemnification of Trust Administrator. The Trustee, solely from its assets and not from the Trust assets, will indemnify the Trust Administrator and each of its affiliates against, and will hold them harmless from, any and all damages imposed upon or incurred by any of them by reason of, or in connection with the Trustee's or affiliate's performance (or non-performance) of its duties under this Agreement in a manner that constitutes willful misconduct or willful breach of the standard of care articulated in Section 11.2, except to the extent that such damages resulted from the Trust Administrator's or affiliate's performance (or non-performance) of its duties under this Agreement in a manner that constitutes willful misconduct or willful breach of the standard of care articulated in Section 11.2.
11.4 Trust Administrator Indemnification of Trustee. The Trust Administrator, solely from its assets and not from the Trust assets, will indemnify the Trustee and each of its affiliates
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against, and will hold them harmless from, any and all damages imposed upon or incurred by any of them by reason of, or in connection with the Trustee’s and each of its affiliates’ services under this Agreement, except to the extent that such damages resulted from the Trustee's or affiliate's performance (or non-performance) of its duties under this Agreement in a manner that constitutes willful misconduct or willful breach of the standard of care articulated in Section 11.2. The foregoing shall in no way limit or otherwise restrict any rights to indemnification which the Trust Administrator may have under any Adoption Agreement executed and delivered by the Trust Administrator and an Employer.
11.5 Survival of Indemnifications. The indemnification obligations provided for in this Agreement will survive the termination of this Agreement.
ARTICLE 12
RESIGNATION AND REMOVAL OF TRUST ADMINISTRATOR
12.1 Resignation or Removal of Trust Administrator. The Trust Administrator may resign at any time upon 90 days’ prior written notice to each of the Employers, which notice may be waived in writing by the Employers. With the approval of at least two-thirds of the participating Employers, the Employers may remove the Trust Administrator upon 90 days’ prior written notice to the Trust Administrator and the Trustee, which notice may be waived by the Trust Administrator.
12.2 Designation of Successor Trust Administrator. Upon notice of the Trust Administrator’s resignation, the Employers will promptly designate a successor Trust Administrator qualified to act as the Trust Administrator of the Trust under applicable state law, such resignation to be effective upon acceptance of appointment by such successor Trust Administrator. The Employers will not remove the Trust Administrator unless Employers have designated such a successor Trust Administrator who shall have agreed with Employers and the Trustee to act as the Trust Administrator under an agreement substantially similar to this Agreement.
12.3 Compensation Pending Appointment of Successor. Until a successor Trust Administrator is appointed and assumes its duties as the Trust Administrator under this Agreement, the Trust Administrator shall be entitled to compensation for its services in accordance with Article 9.
12.4 Merger, Conversion, Consolidation or Sale of Trust Administrator. Any company into which the Trust Administrator may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Trust Administrator may sell or transfer all or substantially all of its investment advisory business, shall be, with the prior consent of Employers in the manner set forth in Section 3.3(b), the successor to such Trust Administrator.
12.5 Successor Trust Administrator - No Duty to Investigate. A successor Trust Administrator shall have no duty to audit or otherwise inquire into the acts or transactions of its predecessor.
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ARTICLE 13
RESIGNATION AND REMOVAL OF TRUSTEE
13.1 Resignation of Trustee. The Trustee may resign at any time upon 90 days prior written notice to the Trust Administrator, which notice may be waived by the Trust Administrator.
13.2 Removal of Trustee. With approval of at least two-thirds of the participating Employers, the Employers may instruct the Trust Administrator in writing to remove the Trustee (or any successor trustee) upon 90 days prior written notice to the Trustee, which notice may be waived in writing by the Trustee, and to replace the Trustee with a corporate Trustee satisfactory to the Trust Administrator in its sole judgment.
13.3 Designation of Successor Trustee. Upon notice of the Trustee’s resignation or removal, the Trust Administrator shall promptly designate a successor corporate Trustee qualified to act as the Trustee of the Trust under applicable state law, such resignation or removal to be effective upon acceptance of appointment by such successor corporate Trustee.
13.4 Application to Court to Designate Successor. If the Trust Administrator does not designate a successor corporate Trustee, or if a successor corporate Trustee designated by the Trust Administrator has not accepted its appointment within 90 days after the Trustee gives notice of its resignation or receives notice of removal, the Trustee may, at the expense of the Trust, apply to a court of competent jurisdiction to appoint a successor corporate Trustee.
13.5 Trustee Compensation Pending Appointment of Successor. Until a successor corporate Trustee is appointed and assumes its duties, the Trustee shall be entitled to compensation for its services according to its fee schedule then in effect for acting as the Trustee in accordance with the Trust.
13.6 Merger, Conversion, Consolidation or Sale of Trustee. Any company into which the Trustee may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Trustee may sell or transfer all or substantially all of its corporate trust business, shall be, with the prior written consent of the Trust Administrator, the successor to such Trustee.
13.7 Transfer of Assets and Records. A resigning Trustee shall transfer the Trust assets and shall deliver the books, accounts and records of the Trust to the successor corporate Trustee as soon as practicable.
13.8 Payment of Expenses. A resigning Trustee is authorized to reserve such amount as may be necessary for the payment of its fees and expenses incurred prior to its resignation or removal, and the Trust assets shall remain liable to reimburse the resigning or removed Trustee for any costs or fees payable to the Trustee under the terms of this Agreement.
13.9 Successor Trust Administrator - No Duty to Investigate. A successor corporate Trustee shall have no duty to audit or otherwise inquire into the acts or transactions of its predecessor.
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ARTICLE 14
AMENDMENT, TERMINATION, MERGER, TRANSFER
14.1 Amendment. With the approval of at least two-thirds of the Employers then participating in the Trust, the Trust Administrator and the Trustee may amend the Trust; provided, however, that no amendment may:
(a) cause any assets held in any Employer's Account to be used for or diverted to any purpose other than for the exclusive purposes of funding the Employer’s OPEB Obligations or Pension Obligations, as applicable, or defraying the reasonable expenses of administering the Account; or
(b) eliminate the requirement that none of the assets held in any Employer's Account revert to the Employer prior to the satisfaction of all OPEB Obligations or Pension Obligations (as applicable) under the OPEB Plan or Pension Plan for which the Account was established.
14.2 Termination of Trust.
(a) The Trust may be terminated by the unanimous agreement of all Employers, which action must be in writing and delivered to the Trustee and Trust Administrator. Upon termination of the Trust, the Trust will continue to exist and the Trust Administrator and the Trustee will continue to have all powers provided in this Agreement as are necessary or desirable for the orderly liquidation and distribution of Trust assets in accordance with the provisions hereof until all Trust assets have been distributed. The Trustee will distribute assets remaining in each Employer’s Account at the direction of the Trust Administrator in the following order of priority: (1) payment of reasonable administrative expenses (including taxes and termination costs) of the Trust, (2) payment of the OPEB Obligations and Pension Obligations currently payable under the Employer’s OPEB Plan and Pension Plan, as applicable, and (3) payment to a trust that satisfies the requirements of Section 115 of the Code and any other applicable law.
(b) Contributions and transfers to the Trust are conditioned on initial qualification of the Trust under Section 115 of the Code. If the Trust receives an adverse determination with respect to its initial qualification, then the Trust and this Trust Agreement will automatically terminate without any action by any Employer or other parties. After such termination, the assets of each Employer’s Omnibus Account, Pension Account, or OPEB Account, as applicable, will be returned by the Trustee to the Employer as directed by the Plan Administrator in accordance with this Section 14.2(b) to the extent permitted by law and consistent with the requirements of Section 115 of the Code. This Section 14.2(b) will cease to apply upon the Trust’s receipt of a favorable determination with respect to its initial qualification.
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14.3 Termination of Employer's Account.
(a) An Employer's Account will automatically terminate upon the termination of the Employer's participation in the Trust and the transfer of the assets in the Employer's Account under Section 3.3.
(b) If an Employer has an Omnibus Account and maintains an OPEB Plan or Pension Plan, but not both, Section 14.3(b) or (c) (as applicable) will apply to the assets in the Omnibus Account. If the Employer maintains both an OPEB Plan and Pension Plan, the Trustee will continue to maintain, and will have all of the powers and duties under this Agreement with respect to, the Employer's Omnibus Account until the Employer’s OPEB Obligation under its OPEB Plan and Pension Obligation under its Pension Plan are fully satisfied. Any assets remaining in the Employer's Omnibus Account after both such obligations are fully satisfied will be paid to the Employer to the extent permitted by law and consistent with the requirements of Section 115 of the Code.
(c) If an Employer's OPEB Plan terminates, the Trustee will continue to maintain, and will have all of the powers and duties under this Agreement with respect to, the Employer's OPEB Account until the Employer’s OPEB Obligation under its OPEB Plan is fully satisfied. Any assets remaining in the Employer's OPEB Account after its OPEB Obligation is fully satisfied will be paid to the Employer to the extent permitted by law and consistent with the requirements of Section 115 of the Code.
(d) If an Employer's Pension Plan terminates, the Trustee will continue to maintain, and will have all of the powers and duties under this Agreement with respect to, the Employer's Pension Account until the Employer’s Pension Obligation under its Pension Plan is fully satisfied. Any assets remaining in the Employer's Pension Account after its Pension Obligation is fully satisfied will be paid to the Employer to the extent permitted by law and consistent with the requirements of Section 115 of the Code.
14.4 Mistake of Fact. At the written direction of an Employer and after receipt of any indemnification that the Trustee may require from the Employer, the Trustee will return any contribution or transfer made to the Trust by the Employer due a mistake of fact, excluding any earnings but reduced by any losses, to the Employer within one year after the Employer discovers the mistake.
14.5 Merger or Transfer. At any time that there is in existence any trust created by Employer which satisfies the requirements in Articles 2 and 4, at the direction of Employer, the Trust may be merged with such trust, or all or part of its assets (net of any amount as may be reasonably necessary to pay the fees and expenses of the Trust Administrator, the Trustee and other expenses of the Trust) transferred to such trust; provided, however, that no such merger or transfer may increase the Trustee’s obligations under this Agreement without the Trustee’s written approval, no such merger or transfer may render the Trust “revocable” or otherwise adversely affect the status of the Trust as described in Articles 2 and 4.
14.6 Reversion. Neither the Trust Administrator nor the Employers nor any entity related to any of them will have any beneficial interest in the Trust or receive any amounts upon
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termination of the Trust or at any other time, except as provided in Sections 14.3 and 14.4.
ARTICLE 15
MISCELLANEOUS
15.1 Choice of Law. The Trust is governed by, and will be interpreted in a manner consistent with, the laws of the Commonwealth of Pennsylvania and, to the extent applicable, the Internal Revenue Code.
15.2 No Joint Powers Agreement. This Agreement is not a joint exercise of powers agreement, does not create a joint powers or joint action authority, and the obligations of Employer, the Trustee, and the Trust Administrator are several and not joint. Neither the Trustee nor the Trust Administrator is responsible for any contributions, costs, benefits, distributions, acts or omissions of the Employers or the Plan Administrators.
15.3 Authorized Signatories. Each party to this Agreement represents and warrants that the person or persons signing this Agreement on behalf of such party are authorized and empowered to sign and deliver this Agreement for such party.
15.4 List of Persons Authorize to Act for Employer. Each of the Employers will certify to the Trust Administrator and the Trustee in writing of the person or persons, by office or other position of employment, who are authorized to act on behalf of the Employer in all matters relating to the Trust.
15.5 List of Persons Authorized to Act for Trust Administrator. The Trust Administrator shall notify the Trustee and each of the Employers in a separate writing of all those who are authorized to act on behalf of the Trust Administrator in all matters relating to the Trust.
15.6 Agreement Controls. If there is any conflict between any Pension Plan or OPEB Plan and this Agreement, this Agreement will control.
15.7 Severability. In the event any provision of this Agreement is held to be invalid for any reason, such invalidity will not affect any other provisions of this Agreement and this Agreement will be construed and enforced as if the invalid provision had never been included.
15.8 Counterparts. This Agreement may be executed in any number of counterparts, each of which will be considered as an original.
15.9 Delivery of Communications. All communications under this Agreement must be in writing and will be deemed to have been duly given (1) on the date of receipt if served personally or by confirmed facsimile or other similar communication; (2) on the first business day after sending if sent for guaranteed next day delivery by a next-day courier service; or (3) on the fourth business day after mailing if mailed to the party or parties to whom notice is to be given by registered or certified mail, return receipt requested, postage prepaid, and properly addressed as follows:
19
Revision Date: November 2015 27 28 Attachment 3
401 B Street, Suite 800 San Diego, CA 92101 RESOLUTION NO. 2017-28 Phone (619) 699-1900 Fax (619) 699-1905 sandag.org
AUTHORIZATION OF THE ADOPTION OF A POST-EMPLOYMENT BENEFITS TRUST AGREEMENT
WHEREAS, the SANDAG Board of Directors would like to ensure the long-term sustainability of pension benefits for SANDAG employees; and
WHEREAS, SANDAG can contribute funds to an Internal Revenue Code Section 115, tax exempt, irrevocable trust for the purpose of saving for future pension costs; and
WHEREAS, investing in a Section 115 Trust will enable SANDAG to pay down its Unfunded Accrued Liability sooner than projected by CalPERS, saving the agency millions of dollars in pension costs; and
WHEREAS, SANDAG has conducted a competitive solicitation which resulted in the recommendation of a firm to serve as the SANDAG Section 115 Trust Administrator with a sponsored Trustee; and
WHEREAS, the Trustee requires each participant in its multi-employer Trust to receive authorization from the organization’s governing body to adopt the Trust Agreement and other necessary documents and agreements to signify its adoption; NOW THEREFORE
BE IT RESOLVED that the SANDAG Board of Directors:
1. Adopts the Post-Employment Benefits Trust Agreement between PFM Asset Management LLC (PFM) as Trust Administrator and Wells Fargo Bank, N.A. (Wells Fargo) as directed Trustee;
2. Authorizes the Executive Director to execute all necessary documents and agreements to signify its adoption including, but not limited to, an Adoption Agreement and Trust Administrative Services Agreement; and
3. Approves, ratifies and confirms the appointment of Wells Fargo as the Trustee and PFM as the Trust Administrator as of the effective date of the Adoption Agreement.
BE IT FURTHER RESOLVED that:
1. The Board of Directors has, and at the time of adoption of this resolution had, full power and lawful authority to adopt this Resolution and to confer the powers therein granted to the SANDAG Executive Director who has full power and authority to exercise the same; and
29
2. The undersigned hereby certifies that at a duly authorized meeting of the Board at which a quorum was present, this Resolution was adopted.
PASSED AND ADOPTED this 23rd of June, 2017.
ATTEST: CHAIR SECRETARY
MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista, and County of San Diego. ADVISORY MEMBERS: California Department of Transportation, Metropolitan Transit System, North County Transit District, Imperial County, U.S. Department of Defense, San Diego Unified Port District, San Diego County Water Authority, Southern California Tribal Chairmen’s Association, and Mexico.
30 AGENDA ITEM NO. 17-06-5 BOARD OF DIRECTORS JUNE 23, 2017 ACTION REQUESTED – ADOPT
FY 2018 CLAIMS FOR TRANSPORTATION File Number 1500300 DEVELOPMENT ACT AND STATE TRANSIT ASSISTANCE
Introduction Recommendation
The Transportation Development Act (TDA) provides The Transportation Committee recommends one-quarter percent of the state sales tax for that the Board of Directors: (1) adopt operating and capital support of public transportation Resolution Nos. 2017-22 through 2017-27 systems and non-motorized transportation projects. approving the FY 2018 Transportation SANDAG, as the designated Regional Transportation Development Act claims and one State Planning Agency (RTPA), is responsible for the Transit Assistance Act (STA) Claim; and allocation of TDA funds to the region’s 18 cities, (2) adopt the STA findings as certified by County of San Diego, and transit operators. On the North County Transit District; all in February 24, 2017, the Board of Directors approved the substantially the same form as attached San Diego County Auditor’s estimate of $144,655,805 hereto. for FY 2018 TDA apportionment. This report presents the TDA claim requests under the various articles of the TDA statute. Additionally, the North County Transit District (NCTD) submitted a claim under the State Transit Assistance (STA) Program.
Discussion
Recommendations for Productivity Improvements of Operators
Pursuant to California Public Utilities Code (PUC) Section 99244, an operator can be allocated no more in TDA funding in the upcoming fiscal year (FY 2018) than it was allocated in the current fiscal year (FY 2017) unless SANDAG determines that the operator made a reasonable effort to implement the productivity improvement recommendations adopted by the Board of Directors for the current fiscal year (FY 2017). At its May 26, 2017, meeting, the Board of Directors made a determination that both the Metropolitan Transit System (MTS) and NCTD made a reasonable effort to implement the productivity improvements outlined for FY 2017 and approved continuation of the program in FY 2018.
Transit Claims
TDA allocations are authorized under four separate articles of the law. Article 3 funds are designated for bicycle and pedestrian projects, Article 4 funds are used to provide general public transit services, Article 4.5 funds are designated for community transit services, and Article 8 funds support specialized services such as express bus and ferry services. Attachment 1 provides a summary of the claims by article as described below. Attachment 2 describes the transit services that the funding would support in FY 2018.
Article 3 - Non-Motorized Claims (Bicycle and Pedestrian Projects)
For FY 2018, there is approximately $4.1 million available. This amount is made up of FY 2018 apportionment (approximately $2.8 million) and approximately $1.3 million in carryover, interest, and funds returned from completed projects. Of the available funding, approximately $2.1 million is proposed to fund Coastal Rail Trail: Rose Creek Bikeway (Capital Improvement Program [CIP] No. 1223016), which was included in the Board-approved Regional Bike Plan Early Action Program (Bike EAP). The TDA amount for the Rose Creek project also was included in the SANDAG FY 2018 Program Budget approved by the Board of Directors on May 26, 2017. Of the remaining amount, $2 million represents the set-aside for the regional Active Transportation Grant Program call for projects for FY 2017 and FY 2018.
Article - 4 General Public (Fixed Transit Route)
Article 4 funds MTS and NCTD operations, provides a local match for federally funded capital projects, and comprises the largest portion of the TDA claim. These funds provide support for rail and bus fixed route and also help augment paratransit services. As shown in the attached resolutions, the total Article 4 claim under MTS is $88,902,280, while the NCTD total is $36,843,589, and reflects transfers to SANDAG, as well as additional support for services provided under Article 4.5 as described below.
Article - 4.5 Community Transit Service (Accessible Service for the Disabled)
Article 4.5 funds are allocated in the San Diego region to support demand response transit services required by the Americans with Disabilities Act (ADA). SANDAG Board Policy No. 027: Transportation Development Act, requires that after allocating 2 percent of these funds to the Coordinated Transportation Services Agency (CTSA), funds be distributed between the two transit agencies in the region based upon service area population. ADA operations for MTS and NCTD also are augmented by annual transit revenues from the TransNet Program. Since ADA-mandated complementary paratransit service is limited to those who cannot use regular fixed-route service, customers must be certified as eligible users of this service. MTS is claiming $4,775,437, while NCTD is claiming $1,940,046 for operating support. The CTSA is claiming $137,051 to assist seniors, persons with disabilities, and social service recipients in San Diego County to meet their transportation needs. Attachment 3 provides the CTSA annual work program.
Article 8 - Special Provisions (Express Bus, Ferry)
MTS is the only operator that claims this article for its express bus services ($548,091), and to pass- through the funding to the City of Coronado that provides the ferry service ($211,999). The total Article 8 claim is $760,090.
Administration and Planning
TDA law (PUC 99233.2) allows SANDAG and the County of San Diego Auditor Controller’s office to claim funds to administer the program. SANDAG, as the RTPA, can claim up to 3 percent of the annual apportionment to conduct regional transportation planning activities. The FY 2018 Program Budget includes the work elements that this funding would implement. SANDAG is claiming $4,323,606 to carry out planning activities and $485,606 for the administration of the TDA program. Also, the County of San Diego Auditor Controller is claiming $50,000 for costs related to the administration of the TDA program.
2 State Transit Assistance
As reported in February 2017, the State Controller’s Office provided the preliminary estimate for the FY 2018 State Transit Assistance allocation, which for the San Diego region is $4,600,147. The SANDAG area, as defined under the STA Program, consists of the area outside of the MTS area of jurisdiction. NCTD is the only claimant of STA funds in the SANDAG area.
NCTD submitted its claim to use the entire $4,600,147 available for operations. State law requires operators to meet certain qualifying criteria to determine service efficiency to use STA funds for operations. SANDAG calculated the operating qualifications and determined that NCTD would meet the criteria, thereby allowing the funds to be used for operations. NCTD also is required to affirm certain findings under the STA statute. Attachment 4 provides the certified findings.
Attachment 5 includes the required resolutions for the FY 2018 requested claims.
Next Steps
Pending Board approval of the TDA claims, the County Auditor would disburse the TDA monies in accordance with the allocation instructions from SANDAG.
GARY L. GALLEGOS Executive Director
Attachments: 1. Summary of FY 2018 TDA Claims 2. Description of Transit Services by Articles of TDA 3. Highlights of FY 2018 CTSA Work Plan 4. NCTD STA Findings 5. Resolution Nos. 2017-22 through 2017-27 for FY 2018 Claims
Key Staff Contact: Ariana zur Nieden, (619) 699-6961, [email protected]
3 Attachment 1 TRANSPORTATION DEVELOPMENT ACT SUMMARY OF FY 2018 CLAIMS
Coordinated Metropolitan North County Transportation Bicycle and Transit System Transit District SANDAG Services Agency Pedestrian* County Auditor Total
FY 2018 Apportionment $97,324,878 $39,538,732 $4,809,212 $137,051 $2,795,932 $50,000 $144,655,805 Prior Year Carryover 0 1,343,567 0 1,343,567 Total Available to Claim 97,324,878 39,538,732 4,809,212 137,051 4,139,499 50,000 145,999,372
FY 2018 Claims
Article 3 - Non-Motorized (bicycle and pedestrian) (2,139,000) (2,139,000) Article 4 - General Public Transit 0 Operations (52,608,565) (27,311,351) (79,919,916) Capital (30,341,764) (4,438,664) (34,780,428) Capital Transfer to SANDAG (1,023,300) (125,319) (1,148,619) Support of ADA Operations (5,951,951) (5,093,574) (11,045,525) Administrative/Planning Transfer to SANDAG (1,863,771) (629,778) (2,493,549) Subtotal Article 4 (91,789,351) (37,598,686) (129,388,037) Article 4.5 - Community Transit Service (accessible service for the disabled) Operations (4,775,437) (1,940,046) (137,051) (6,852,534) Subtotal Article 4.5 (4,775,437) (1,940,046) (137,051) (6,852,534) Article 8 - Special Provisions Express bus (548,091) (548,091) Ferry service (211,999) (211,999) Subtotal Article 8 (760,090) (760,090) Planning/Administration Administration (485,606) (50,000) (535,606) SANDAG Regional Planning (4,323,606) (4,323,606) Subtotal Planning/Administration (4,809,212) (50,000) (4,859,212)
Balance $0 $0 $0 $0 $2,000,499 $0 $2,000,499
*The SANDAG Board approved to set aside $1M per year for Call for Projects
4 Attachment 2
Description of Transit Services by Articles of TDA
Article 4 General Public (Fixed Transit Route)
The Article 4 claims can be used for any purposes necessary for the development and operations of the transportation system including operations, capital purchases, payment of bond debt, and to augment specialized services. This article provides the most flexible form of revenues.
• The Metropolitan Transit Systems (MTS) estimates that its area operators (San Diego Trolley, Inc., San Diego Transit Corporation, and MTS Contract Services) would carry approximately 82.7 million passengers over 20 million annual miles, which represents a slight change (1.06 percent and -0.53 percent respectively) from estimated FY 2017. To provide these services, MTS anticipates operating revenues of about $264 million, about 2.8 percent increase from estimated FY 2017.
• For the North County Transit District (NCTD), the fixed route and rail services are projected to carry approximately 10.6 million passengers over 6.3 million revenue miles, a decrease in passengers of 4.5 percent from estimated FY 2017 figures. The revenue miles are unchanged from estimated FY 2017 figures. NCTD’s operating budget for fixed route and rail services for FY 2018 of $92.1 million is an increase of 4.3 percent from estimated FY 2017.
Article 4.5 Community Transit Service (Accessible Service for the Disabled)
Legislation provides up to 5 percent for community transit services which include services for those that are disabled or who cannot use conventional transit services.
• The MTS claim would provide operating support for the accessible paratransit services in the MTS service area, including Access and Americans with Disabilities Act (ADA) Suburban services. MTS estimates ridership of 550,318 and revenue miles of 5 million for FY 2018, a decrease of 0.1 percent and 0.02 percent respectively from FY 2017 estimates.
• The NCTD anticipates carrying 204,486 passengers on 2.4 million revenue miles, a decrease of 4.7 percent and increase 3.7 percent respectively, from FY 2017 estimate.
• The Consolidated Transportation Service Agency (CTSA) is eligible for up to 2 percent of the region’s Article 4.5 funds. The CTSA, created by state law, allows for the formation of a regional agency to coordinate social service agency transportation programs. In the San Diego Region, Facilitating Access to Coordinated Transportation (FACT) serves as the CTSA. The FACT mission is to assist seniors, persons with disabilities, and social service recipients in San Diego County to meet their transportation needs. In its capacity as the CTSA, FACT serves as a conduit of information and assists the nonprofit sector, private sector, and public agencies with the coordination of specialized transportation programs. State law allows for the formation of CTSA to improve transportation service required by social service recipients by promoting consolidation of social service transportation incorporating such benefits as centralized dispatching, combined purchasing of necessary equipment and supplies, centralized maintenance, centralized administration to eliminate duplicative administrative tasks, and consolidation of existing sources of funding. This consolidation results in more efficient and effective use of vehicles throughout the region. The FY 2018 FACT CTSA Work Plan is included in Attachment 3.
5 Article 8 - Special Provisions (Express Bus, Ferry)
This article funds services such as multimodal terminals, express bus, vanpool, and commuter ferry services.
• The MTS claim would provide operating support for premium express commuter service along the Interstate 15 (I-15) corridor. Routes 280 and 290 provide service from the cities of Poway and Escondido and from the communities of Rancho Bernardo/Carmel Mountain Ranch and Rancho Peñasquitos; Mira Mesa and Sorrento Valley, and Rancho Bernardo to downtown. Ridership is projected at 287,668 passengers over 343,311 annual miles in FY 2018, an increase of 1 percent and 0.4 percent, respectively, from FY 2017 estimate.
• The MTS acts as a pass-through agency for the City of Coronado that provides the ferry services. The City of Coronado operates passenger ferry service by subsidizing trips to and from downtown San Diego to Coronado and North Island.
6 Attachment 3 Full Access & Coordinated Transportation, Inc. (FACT) Consolidated Transportation Services Agency (CTSA) for San Diego County
Work Plan for Fiscal Year 2017-18
As defined in the Social Services Transportation Improvement Act (AB 120), the CTSA is a public entity responsible for improving transportation services required by social service recipients by promoting the consolidation and coordination of social service transportation services. The scope of CTSA activities include being the regional coordinator of social service transportation information, centralized administration and dispatching, identification and consolidation of funding sources, coordinated and consolidated training programs and combined purchasing of vehicles, supplies and equipment. The CTSA works to improve dedicated transportation services for people with disabilities, senior citizens, social service agencies, health care providers, various organizations and individuals within that particular service area. The CTSA is also the planning representative of the social service transportation community and works with the region to develop updates to the Coordinated Plan. The CTSA has begun the process to update the Business Plan (2018-23 Business Plan Update) that forms the planning foundation for organizational development and the expansion of coordinated services in the region.
Expenses:
1. One-call/one-click Mobility Center
Maintain FACT website Maintain FACT website to keep content current, optimized for searching Use website for marketing and outreach Maintain transportation provider database Update content of the provider database on an ongoing basis Conduct outreach with potential new providers Optimize website travel planner for finding suitable transportation
Telephone Referrals Respond to telephone requests for transportation information. Educate callers about transportation options from database. Provide enhanced in-person customer service where necessary to assist with ADA application process or take reservations for other providers, etc.
2. Regional Coordination
Administer Council on Access and Mobility (CAM) and Other Meetings Conduct Council on Access and Mobility (CAM) meetings bimonthly, FACT Board Meetings monthly, and other meetings related to regional coordination. Continue outreach to providers to fill all 30 available seats. 27 are currently filled. Represent CAM during Level 3 or higher emergencies in the Emergency Operations Center and coordinate disaster response as needed Coordinate information provision and involvement of CAM members with the County EOC to ensure effective emergency preparedness planning and compliance with State and Federal requirements
7 Full Access & Coordinated Transportation, Inc. (FACT) Consolidated Transportation Services Agency (CTSA) for San Diego County
Work Plan for Fiscal Year 2017-18
Training/Workshops Facilitate a workshop on issues of interest to CAM and partners Assist OEM to develop emergency response plan
Support for grantees Provide letters of support to agencies applying for grants after verifying coordination efforts. Assist applicants in finding coordination opportunities Form partnerships to apply for grants where appropriate Offer compliance related information to grantees
Coordinated Planning Provide ongoing technical assistance and support to human service transportation providers and all other interested parties to find solutions to overcome identified barriers to coordination, consolidation and collaboration Coordinate and conduct surveys, and assessments, both formal and informal, to determine stakeholder transportation needs, vehicle and other relevant resources and barriers to coordination Make presentations to stakeholder groups Evaluate coordinated programs for pilot projects leading to regional deployment Work with 211 San Diego and SANDAG to administer and implement VTCLI grant Maintain the FACT Board Technical Advisory Committee (TAC) Market services through press releases, pamphlets, brochures, e-mail, newsletters, special informational pieces, newspaper articles, special events, workshops, and community training sessions Participation in Social Services Transportation Advisory Council (SSTAC) Provide input for the SANDAG Coordinated Plan.
3. Management of CTSA Activities
Disseminate quarterly CTSA FACT Newsletter to ensure ongoing awareness of current related events Maintain the CTSA Mailing List Complete all required reporting Maintain memberships in State and National organizations committed to coordinated transportation and non-profit corporation development: Community Transportation Association of America (CTAA); California Association for Coordinated Transportation (Cal-Act); American Public Transportation Association (APTA) Annually update the business plan for FACT covering the following areas: governance, regional needs assessment, integration of current CTSA work activities, technical assistance and coordination planning, information and marketing initiatives, service contracting and operations programs, policy development and advocacy, trip demand estimation and utilization projections, funding and financial projections.
8 Full Access & Coordinated Transportation, Inc. (FACT) Consolidated Transportation Services Agency (CTSA) for San Diego County
Work Plan for Fiscal Year 2017-18
Maintain FACT’s staff to ensure capacity to support ongoing programs and services and expansion as per the approved Business Plan. Travel to CTAA, CalACT, and APTA conferences and sponsored trainings. Develop and submit to SANDAG a FY18 budget claim that addresses the FY13 – FY15 TDA Performance Audit recommendation by reflecting the full revenues and expenditures applied to meet FACT’s responsibilities as the CTSA by September 30.
4. Grant Support
Provide local match to Federal Transit Administration (FTA) New Freedom, Section 5310, Senior Mini-Grant, and other grants to support core CTSA activities.
All TDA 4.5 funding for the fiscal year 2017-2018 will be used for core CTSA activities. FACT was awarded both 5310 and Senior Mini-Grant funding to provide expanded CTSA activities.
9 Attachment 4 North County Transit District State Transit Assistance Findings
WHERAS, Notth County Transit District hereby affirms the certifications and required findings as part of the TDA and STA Claims for the FY2018 as follows:
Findinq #1: The claimant's proposed expenditures are in conformance with the Regional Transportation Plans (RTP).
Findinq #2: The claimants is proposing a level of fare revenue sufficient to meet the fare revenue operating cost ration requirements of Public Utilities Code (PUC) 99268.2,99268.3, 99268.5 and 99268,9, as applicable.
Finding # 3: The claimant is making full use of federal funds available under the Urban Mass Transportation Act of 1964, as amended.
Findinq #4: The sum of the claimant's allocations from the STA Fund and the Local Transportation Fund do not exceed the maximum for which the claimant is eligible.
Findinq #9: Priority consideration has been given to offsetting unanticipated increases in the cost of fuel, enhancing existing public transportation services, and meeting hígh-priority regional needs.
Findinq #6: The operator has made a reasonable effort to implement the productivity improvements recommended pursuant to PUC 99244.
Findinq #7: The claimant is not prevented by a labor contract entered into after June 28, 1979, from employing part-time drivers or from contracting with common carriers.
Findina #8: The claimant has on file a certification by the Depaftment of the California Highway Patrol verífying compliance with section 1808.1 of the Vehicle Code, pursuant to PUC 99251.
Finding #9: The claimant is in complíance with the requirements of PUC 99314.6.
Authorized Representative/Contact: mr(+{'t.) 0. ?"ú< (Signature) Matthew O. Tucker (Print or type name) Executive Director (Title)
10 Attachment 5
401 B Street, Suite 800 San Diego, CA 92101 RESOLUTION NO. 2017-22 Phone (619) 699-1900 Fax (619) 699-1905 sandag.org APPROVING THE ALLOCATION OF FY 2018 TRANSPORTATION DEVELOPMENT ACT FUNDS ARTICLE 3 BICYCLE AND PEDESTRIAN FACILITIES AND PROGRAMS
WHEREAS, the Transportation Development Act (TDA) claim listed below is submitted for Fiscal Year 2018 TDA funds pursuant to Chapter 4, Article 3, Section 99234 of the California Public Utilities Code (PUC); and
WHEREAS, pursuant to Section 29532 of the California Government Code (CGC), the San Diego Association of Governments (SANDAG) has analyzed the claim and determined that the claim conforms substantially to the provisions of the Transportation Development Act of 1971, as amended; and
WHEREAS, SANDAG finds the claim to be consistent with the Regional Transportation Plan; NOW THEREFORE
BE IT RESOLVED by the SANDAG Board of Directors as follows:
1. That the Board, pursuant to CGC 29532 and PUC 99234, does hereby approve the allocation of TDA funds for the following project in the amounts specified below:
Claim No. Claimant Allocation SANDAG 18011000 ( Coastal Rail Trail: Rose Creek ) $2,139,000 Total $2,139,000
2. That the Board does hereby authorize the Executive Director to prepare and transmit allocation instructions and payment schedules to the San Diego County Auditor as are necessary and legal for payment of this claim.
PASSED AND ADOPTED this 23rd day of June 2017.
ATTEST: CHAIR SECRETARY
MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista, and County of San Diego. ADVISORY MEMBERS: California Department of Transportation, Metropolitan Transit System, North County Transit District, Imperial County, U.S. Department of Defense, San Diego Unified Port District, San Diego County Water Authority, Southern California Tribal Chairmen’s Association, and Mexico.
11
401 B Street, Suite 800 San Diego, CA 92101 RESOLUTION NO. 2017-23 Phone (619) 699-1900 Fax (619) 699-1905 sandag.org
APPROVING THE ALLOCATION OF FY 2018 TRANSPORTATION DEVELOPMENT ACT FUNDS ARTICLE 4 FIXED ROUTE GENERAL PUBLIC TRANSIT SERVICE
WHEREAS, the Transportation Development Act (TDA) claimants listed below have submitted claims for FY 2018 TDA funds pursuant to Chapter 4, Article 4, of the California Public Utilities Code (PUC); and
WHEREAS, pursuant to Section 29532 of the California Government Code (CGC), the San Diego Association of Governments (SANDAG) has analyzed the claims and determined that the claims conform substantially to the provisions of the Transportation Development Act of 1971, as amended; and
WHEREAS, pursuant to PUC Section 99244, SANDAG is required to annually identify, analyze, and recommend potential productivity improvements for the transit operators; and
WHEREAS, SANDAG finds these claims for FY 2018 to be in conformance with the Regional Transportation Plan; NOW THEREFORE
BE IT RESOLVED by the SANDAG Board of Directors as follows:
1. That the Board, pursuant to PUC Section 99244, finds that the claimants listed below have made a reasonable effort to implement the productivity improvement recommendations for FY 2017;
2. That the Board adopted the FY 2018 Productivity Improvement Goals set forth in Agenda Report No. 5 at the May 26, 2017, meeting;
3. That the Board, pursuant to CGC 29532, does hereby approve the allocation of TDA funds to the following claimants for purposes listed below:
Claim No. Claimant Allocation 18031000 Metropolitan Transit System (MTS) Operating (fixed route) $52,608,565 Operating (ADA) $5,951,951 Capital $30,341,764 Total $88,902,280 18041000 North County Transit District (NCTD) Operating (fixed route) $ 27, 311,351 Operating (ADA) $5,093,574 Capital $4,438,664 Total $36,843,589
12
SANDAG 18031004 Admin/Planning Transfer from MTS $1,863,771 18031004 Capital Transfer from MTS $1,023,300 18041002 Capital Transfer from NCTD $125,319 18041002 Admin/Planning Transfer from NCTD $629,778 Total $3,642,168
4. That the Board does hereby authorize the Executive Director to prepare and transmit allocation instructions and payment schedules to the San Diego County Auditor as are necessary and legal for payment of these claims.
PASSED AND ADOPTED this 23rd day of June 2017.
ATTEST: CHAIR SECRETARY
MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista, and County of San Diego. ADVISORY MEMBERS: California Department of Transportation, Metropolitan Transit System, North County Transit District, Imperial County, U.S. Department of Defense, San Diego Unified Port District, San Diego County Water Authority, Southern California Tribal Chairmen’s Association, and Mexico.
13
401 B Street, Suite 800 San Diego, CA 92101 RESOLUTION NO. 2017-24 Phone (619) 699-1900 Fax (619) 699-1905 sandag.org
APPROVING THE ALLOCATION OF FY 2017 TRANSPORTATION DEVELOPMENT ACT FUNDS ARTICLE 4.5 COMMUNITY TRANSIT SERVICE
WHEREAS, the Transportation Development Act (TDA) claimants listed below have submitted claims for FY 2017 TDA funds pursuant to Chapter 4, Article 4.5, of the California Public Utilities Code (PUC); and
WHEREAS, pursuant to Section 29532 of the California Government Code (CGC), the San Diego Association of Governments (SANDAG) has analyzed the claims and determined that the claims conform substantially to the provisions of the Transportation Development Act of 1971, as amended, including the provision of PUC 99275.5; and
WHEREAS, SANDAG finds these claims for FY 2018 to be in conformance with the Regional Transportation Plan; NOW THEREFORE
BE IT RESOLVED by the SANDAG Board of Directors as follows:
1. That the Board, pursuant to CGC 29532, does hereby approve the allocation of TDA funds to the following claimants for purposes listed below:
Claim No. Claimant Allocation 18031001 Metropolitan Transit System Operating Total $4,775,437 18041001 North County Transit District Operating Total $1,940,046 18061000 Coordinated Transportation Service Agency Operating Total $137,051
2. That the Board does hereby authorize the Executive Director to prepare and transmit allocation instructions and payment schedules to the San Diego County Auditor as are necessary and legal for payment of these claims.
PASSED AND ADOPTED this 23rd day of June 2017.
ATTEST: CHAIR SECRETARY
MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista, and County of San Diego. ADVISORY MEMBERS: California Department of Transportation, Metropolitan Transit System, North County Transit District, Imperial County, U.S. Department of Defense, San Diego Unified Port District, San Diego County Water Authority, Southern California Tribal Chairmen’s Association, and Mexico.
14
401 B Street, Suite 800 San Diego, CA 92101 RESOLUTION NO. 2017-25 Phone (619) 699-1900 Fax (619) 699-1905 sandag.org
APPROVING THE ALLOCATION OF FY 2018 TRANSPORTATION DEVELOPMENT ACT FUNDS ARTICLE 8 SPECIAL PROVISIONS
WHEREAS, the Transportation Development Act (TDA) claimant listed below has submitted claims for FY 2018 TDA funds pursuant to Chapter 4, Article 8, of the California Public Utilities Code (PUC); and
WHEREAS, pursuant to Section 29532 of the California Government Code (CGC), the San Diego Association of Governments (SANDAG) has analyzed the claims and determined that the claims conform substantially to the provisions of the Transportation Development Act of 1971, as amended; and
WHEREAS, SANDAG finds these claims for FY 2018 to be in conformance with the Regional Transportation Plan; NOW THEREFORE
BE IT RESOLVED by the SANDAG Board of Directors as follows:
1. That the Board, pursuant to CGC 29532, does hereby approve the allocation of TDA funds for costs associated with the operation of express bus services (PUC 99400.6), and the operation of commuter ferry service (PUC 99400.7) as shown below:
Claim No. Claimant Allocation
Metropolitan Transit System
18031002 Operating for Express Bus Service $548,091 18031003 Operating for Ferry Service $211,999 Total $760,090
2. That MTS is directed to pass-through to the Coronado Ferry its appropriate share of TDA funding; and
3. That the Board does hereby authorize the Executive Director to prepare and transmit allocation instructions and payment schedules to the San Diego County Auditor as are necessary and legal for payment of these claims.
15
PASSED AND ADOPTED this 23rd day of June 2017.
ATTEST: CHAIR SECRETARY
MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista, and County of San Diego. ADVISORY MEMBERS: California Department of Transportation, Metropolitan Transit System, North County Transit District, Imperial County, U.S. Department of Defense, San Diego Unified Port District, San Diego County Water Authority, Southern California Tribal Chairmen’s Association, and Mexico.
16
401 B Street, Suite 800 San Diego, CA 92101 RESOLUTION NO. 2017-26 Phone (619) 699-1900 Fax (619) 699-1905 sandag.org
APPROVING THE ALLOCATION OF FY 2018 TRANSPORTATION DEVELOPMENT ACT FUNDS PLANNING AND ADMINISTRATION
WHEREAS, the Transportation Development Act (TDA) claimants listed below have submitted claims for FY 2018 TDA funds pursuant to Chapter 4, Article 3 (PUC 99233.1 and 99233.2), of the California Public Utilities Code (PUC); and
WHEREAS, pursuant to Section 29532 of the California Government Code (CGC), the San Diego Association of Governments (SANDAG) has determined that the claims are eligible pursuant to the provisions of the Transportation Development Act of 1971, as amended; NOW THEREFORE
BE IT RESOLVED by the SANDAG Board of Directors as follows:
1. Pursuant to CGC 29532, does hereby approve the allocation of TDA funds to the following claimants for purposes listed below:
Claim No. Claimant Allocation 18021000 County Auditor $50,000 SANDAG 18051000 Administration $485,606 18051001 Regional Planning $4,323,606 Total $4,809,212
2. That the Board does hereby authorize the Executive Director to prepare and transmit allocation instructions and payment schedules to the San Diego County Auditor as are necessary and legal for payment of these claims.
PASSED AND ADOPTED this 23rd day of June 2017
ATTEST: CHAIR SECRETARY
MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista, and County of San Diego. ADVISORY MEMBERS: California Department of Transportation, Metropolitan Transit System, North County Transit District, Imperial County, U.S. Department of Defense, San Diego Unified Port District, San Diego County Water Authority, Southern California Tribal Chairmen’s Association, and Mexico.
17
401 B Street, Suite 800 San Diego, CA 92101 RESOLUTION NO. 2017-27 Phone (619) 699-1900 Fax (619) 699-1905 sandag.org
APPROVING THE ALLOCATION OF FY 2018 STATE TRANSIT ASSISTANCE CLAIM TO THE NORTH COUNTY TRANSIT DISTRICT
WHEREAS, the North County Transit District (NCTD) has filed a claim for State Transit Assistance (STA) funds in the amount of $4,600,147 for FY 2018 pursuant to Section 6730(a) of Title 21 of the California Code of Regulations (CCR); and
WHEREAS, the Board of Directors adopted the required findings for NCTD pursuant to Section 6754; and
WHEREAS, the Board of Directors finds that the above claim is in substantial conformance with the provisions of the Transportation Development Act of 1971, as amended, and meets the specific requirements of Section 6754 of Title 21 of the CCR;
NOW THEREFORE
BE IT RESOLVED by the SANDAG Board of Directors as follows:
1. That the Board of Directors does hereby approve the allocation of STA to the following claimants for purposes listed below:
Claim No. Claimant Allocation 18041003 NCTD Operating Total $4,600,147
2. That the Board of Directors does hereby authorize the Executive Director to prepare and transmit allocation instructions to the San Diego County Auditor as are necessary and legal for payment of this claim.
PASSED AND ADOPTED this 23rd day of June 2017.
ATTEST: CHAIR SECRETARY
MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista, and County of San Diego. ADVISORY MEMBERS: California Department of Transportation, Metropolitan Transit System, North County Transit District, Imperial County, U.S. Department of Defense, San Diego Unified Port District, San Diego County Water Authority, Southern California Tribal Chairmen’s Association, and Mexico.
18 AGENDA ITEM NO. 17-06-6 BOARD OF DIRECTORS JUNE 23, 2017 ACTION REQUESTED – INFORMATION
REPORT ON MEETINGS AND EVENTS ATTENDED File Number 8000100 ON BEHALF OF SANDAG
Since the last Board of Directors meeting, Board members participated in the following meetings and events on behalf of SANDAG. Key topics of discussion also are summarized.
June 4-7, 2017: National Association of Regional Councils Annual Conference Monterey, CA
National City Mayor Ron Morrison attended the National Association of Regional Councils (NARC) Annual Conference as the SANDAG representative. He attended various sessions, covering topics including an update on policy and programmatic activities and a discussion about proposed changes to NARC’s transportation policies, the President’s proposed FY 2018 Budget, public safety, alternative fuel vehicles, sharing innovations in regions, and transportation funding.
June 8, 2017: California Association of Councils of Governments Board of Directors meeting Sacramento, CA
Mayor Morrison attended the California Association of Councils of Governments (CALCOG) Board of Directors meeting as the SANDAG representative. The CALCOG Board of Directors discussed the agency’s financial status and reviewed its FY 2017- 2018 Budget. The Board also discussed the housing policy report, state budget update, and various legislative items impacting councils of governments.
GARY L. GALLEGOS Executive Director
Key Staff Contact: Victoria Stackwick, (619) 699-6926, [email protected]
AGENDA ITEM NO. 17-06-7 BOARD OF DIRECTORS JUNE 23, 2017 ACTION REQUESTED – INFORMATION
REPORT SUMMARIZING DELEGATED ACTIONS File Number 8000100 TAKEN BY THE EXECUTIVE DIRECTOR
Introduction
Various Board Policies require the Executive Director to report certain actions to the Board of Directors on a monthly basis or upon taking specified actions.
Discussion
Board Policy No. 003
Board Policy No. 003: Investment Policy, states that a monthly report of all investment transactions shall be submitted to the Board of Directors. Attachment 1 contains the reportable investment transactions for April 2017.
Board Policy No. 008
Section 6 of Board Policy No. 008: Legal Matters, authorizes the Office of General Counsel or outside counsel to file documents and make appearances on behalf of SANDAG in court proceedings. The following documents were filed and appearances were made on behalf of SANDAG in relation to the Mid-Coast Corridor Transit Project:
• On May 8, 2017, Best, Best & Krieger filed, on behalf of SANDAG, a disclaimer of interest of First Republic Bank in the matter of SANDAG v. Dan Floit, Toys ”R” Us, (Superior Court Case No. 2017-00005568)
• On May 11, 2017, Nossaman filed, on behalf of SANDAG, Disclaimer of Interest of CitiMortgage, Inc., in the matter of SANDAG v. Colony La Paz Condominium Association (Superior Court Case No. 2016-00030407)
• On May 11, 2017, Nossaman filed, on behalf of SANDAG, Disclaimer of Interest of CitiBank, N.A., in the matter of SANDAG v. Colony La Paz Condominium Association (Superior Court Case No. 2016-00030407)
• On May 12, 2017, Nossaman filed, on behalf of SANDAG, Disclaimer of Interest of Stearns Lending LLC in the matter of SANDAG v. Colony La Paz Condominium Association (Superior Court Case No. 2016-00030407)
• On May 16, 2017, Best, Best & Krieger filed, on behalf of SANDAG, a Notice of Entry of Order in the matter of SANDAG v. Anna Avenue Associates, LLC., (Superior Court Case No. 2017-00009321)
• On May 17, 2017, Nossaman filed, on behalf of SANDAG, Disclaimer of Interest of Rate Rabbit Home Loans, in the matter of SANDAG v. Colony La Paz Condominium Association (Superior Court Case No. 2016-00030407)
• On May 18, 2017, Nossaman filed, on behalf of SANDAG, Disclaimer of Interest of CStone Mortgage, in the matter of SANDAG v. Colony La Paz Condominium Association (Superior Court Case No. 2016-00030407)
• On May 19, 2017, Nossaman filed, on behalf of SANDAG, Proof of Service of Summons of several defendants, in the matter of SANDAG v. Colony La Paz Condominium Association (Superior Court Case No. 2016-00030407)
• On May 23, 2017, Nossaman filed, on behalf of SANDAG, Request for Dismissal of several defendants, in the matter of SANDAG v. Colony La Paz Condominium Association (Superior Court Case No. 2016-00030407)
• On May 25, 2017, Nossaman filed, on behalf of SANDAG, Request for Dismissal of several defendants, in the matter of SANDAG v. Colony La Paz Condominium Association (Superior Court Case No. 2016-00030407)
• On May 26, 2017, Nossaman appeared, on behalf of SANDAG, at the Case Management Conference in the matter of SANDAG v. Colony La Paz Condominium Association (Superior Court Case No. 2016-00030407)
• On May 30, 2017, Nossaman filed, on behalf of SANDAG, Disclaimer of Interest of SWI Financial Services Inc., in the matter of SANDAG v. Colony La Paz Condominium Association (Superior Court Case No. 2016-00030407)
• On June 7, 2017, Nossaman filed, on behalf of SANDAG, several Amendment to Complaint naming Doe Defendants forms, in the matter of SANDAG v. Colony La Paz Condominium Association (Superior Court Case No. 2016-00030407)
Board Policy No. 017
Board Policy No. 017: Delegation of Authority, authorizes the Executive Director to take specified actions and requires those actions to be reported to the Board of Directors at the next regular meeting.
Section 4.1 of the Policy authorizes the Executive Director to enter into agreements currently not incorporated in the budget and to make other modifications to the budget in an amount of up to $100,000 per transaction, so long as the overall budget remains in balance. Attachment 2 contains the action for May 2017.
Board Policy No. 024
Board Policy No. 024: Procurement and Contracting – Construction Policy, Section 5.2, states that the Executive Director is delegated the authority to accept contracts on behalf of the Board and shall report to the Board all contract acceptances over $25,000. The following construction projects were granted relief and accepted.
• In a letter dated June 6, 2017, ABC Construction Company, Inc., was granted Acceptance for the Interstate 15 ELCS, EMS, and Drainage Project – Effective June 9, 2016 (Capital Improvement Program Project No. 1201503, Contract No. 5004054, JOC4054-03). The contract value was $883,313.02.
2 Board Policy No. 035
Board Policy No. 035: Competitive Grant Program Procedures, authorizes the Executive Director to approve requests by grantees for project schedule extensions of up to six months. Extensions in excess of six months, or that will cause a project to miss a completion deadline in Section 1 (including those projects that already were granted extensions by the Executive Director and are again falling behind schedule), will be considered by the Policy Advisory Committee. The Policy requires the Executive Director to report to the Board actions taken at the next regular meeting.
The delegated action to report to the Board is summarized below:
Active Transportation Grant Program
Extension Amendment Contract Grantee Project From To (in Months) Execution
Carlsbad Boulevard and City of Tamarack Avenue 5004712 6 5/8/2017 11/8/2017 5/12/2017 Carlsbad Pedestrian Improvement Project
GARY L. GALLEGOS Executive Director
Attachments: 1. Monthly Activity for Investment Securities Transactions for April 1 through April 30, 2017 2. May 2017 Budget Transfers and Amendments
Key Staff Contact: André Douzdjian, (619) 699-6931, [email protected]
3 Attachment 1
MONTHLY ACTIVITY FOR INVESTMENT SECURITIES TRANSACTIONS FOR APRIL 1 THROUGH APRIL 30, 2017
Yield to Transaction Maturity Par Original Maturity Date Date Security Value Cost at Cost BOUGHT 04/03/2017 01/17/2020 FREDDIE MAC AGENCY NOTE $ 7,725,000.00 $ 7,720, 983.00 1.52% 04/05/2017 03/18/2019 FEDERAL HOME LOAN BANK AGENCY 1,100,000.00 1,100, 704.00 1.34% 04/05/2017 04/05/2019 BANK OF NOVA SCOTIA HOUSTON LT CD 4,440,000.00 4,440, 000.00 1.88% 04/06/2017 10/06/2017 JP MORGAN SECURITIES LLC COMM PAPER 850,000.00 844,296. 50 1.35% 04/06/2017 10/10/2017 BANK OF TOKYO MITSUBISHI UFJ LTD COMM PAPER 850,000.00 843,851. 67 1.43% 04/06/2017 10/11/2017 TOYOTA MOTOR CREDIT CORP COMM PAPER 850,000.00 844,786. 67 1.22% 04/07/2017 04/21/2020 INTL BK RECON & DEVELOPMENT 5,000,000.00 5,025, 900.00 1.70% 04/11/2017 10/10/2017 BNP PARIBAS NY BRANCH COMM PAPER 850,000.00 844,370. 64 1.34% 04/11/2017 04/17/2020 TOYOTA MOTOR CREDIT CORP 2,040,000.00 2,039, 061.60 1.97% 04/12/2017 10/10/2017 CREDIT AGRICOLE CIB NY COMM PAPER 850,000.00 844,444. 31 1.33% 04/19/2017 04/20/2020 FHLMC AGENCY 5,310,000.00 5,291, 839.80 1.49%
TOTAL BOUGHT: $ 29,865,000.00 $ 29,840,238.19 1.60% MATURED 04/01/2017 04/01/2017 FHLMC $ 1,073,027.98 $ 1,083, 749.68 0.99% 04/01/2017 04/01/2017 FANNIE MAE 3,216.95 3,249. 16 1.08% 04/01/2017 04/01/2017 FNMA 38,416.08 38,799. 95 1.26% 04/01/2017 04/01/2017 FNMA 16,051.32 16,211. 78 0.83% 04/11/2017 04/11/2017 BNP PARIBAS NY BRANCH COMM PAPER 850,000.00 844,843. 81 1.23% 04/12/2017 04/12/2017 CREDIT AGRICOLE CIB NY COMM PAPER 850,000.00 844,900. 00 1.21%
TOTAL MATURED: $ 2,830,712.33 $ 2,831,754.38 1.13%
SOLD 04/03/2017 10/01/2018 FHLB GLOBAL NOTE $ 7,775,000.00 $ 7,769, 713.00 0.91% 1 04/05/2017 11/06/2017 BANK OF NOVA SCOTIA HOUSTON YCD 5,540,000.00 5,540, 000.00 1.55% 1 04/07/2017 09/20/2017 FANNIE MAE (CALLABLE) 3,500,000.00 3,508, 400.00 1.00% 3 04/07/2017 09/20/2017 FANNIE MAE (CALLABLE) 1,000,000.00 1,002, 750.00 1.00% 3 04/11/2017 09/30/2020 US TREASURY NOTES 2,055,000.00 2,020, 723.24 1.86% 1 04/19/2017 09/20/2017 FANNIE MAE (CALLABLE) 4,000,000.00 4,004, 000.00 1.00% 3 04/19/2017 12/08/2017 FEDERAL HOME LOAN BANK 2,000,000.00 2,002, 160.00 1.09% 3 04/19/2017 06/15/2018 USA TREASURY 5,000,000.00 4,996, 093.75 1.15% 3 04/19/2017 01/31/2020 US TREASURY NOTES 5,310,000.00 5,269, 552.73 1.50% 2 04/20/2017 06/05/2017 AMERICAN EXPRESS CREDIT 5,000,000.00 4,970, 500.00 1.35% 1
TOTAL SOLD: $ 41,180,000.00 $ 41,083,892.72 1.23%
1 Proceeds from this sale were used to purchase new securities that would provide higher returns over a longer holding period. 2 Proceeds from this sale were used to purchase a new security that would provide higher returns with a comparable maturity. 3 Proceeds from this sale were used for liquidity needs and generated a gain on amortized cost.
4 Attachment 2
MAY 2017 BUDGET TRANSFERS AND AMENDMENTS in '000s
PROJECT CURRENT NEW NUMBER PROJECT NAME BUDGET BUDGET CHANGE EXPLANATION
7500000 Service Bureau - Main Project FY 2017 $89.4 $85.1 ($4.3) Transferred funds from the Main Service Bureau project (7500000) to establish a new project. 7513800 Transportation Modeling for Proposed Development at Qualcomm Site $0.0 $4.3 $4.3 New Service Bureau project for Transportation Modeling for Proposed Development at Qualcomm Site in Mission Valley.
5 AGENDA ITEM NO. 17-06-8 BOARD OF DIRECTORS JUNE 23, 2017 ACTION REQUESTED – INFORMATION
2017 TransNet INDEPENDENT TAXPAYER File Number 1500200 OVERSIGHT COMMITTEE ANNUAL REPORT
Introduction
The TransNet Independent Taxpayer Oversight Committee (ITOC) was established to provide an enhanced level of accountability for expenditures made under the TransNet Extension Ordinance and Expenditure Plan. The role of the ITOC is to ensure that voter-approved mandates of the TransNet Extension Ordinance are carried out, and to recommend improvements and enhancements to the financial integrity and performance of the TransNet Program.
Discussion
The ITOC provides an annual report to the public and Board of Directors on the TransNet Program. The 2017 Annual Report (Attachment 1) highlights the progress made during July 1, 2016, to June 30, 2017, and summarizes key ITOC activities in support of the TransNet Program.
The report also includes a summary of the results from the FY 2016 TransNet fiscal and compliance audit. A complete copy of the FY 2016 TransNet fiscal and compliance audit report can be downloaded at sandag.org/itoc.
GARY L. GALLEGOS Executive Director
Attachment: 1. TransNet ITOC - 2017 Annual Report
Key Staff Contact: Veronica Serrano, (619) 595-5317 [email protected]
Attachment 1 The Independent Taxpayer ITOC | Oversight Committee 2017 ANNUAL REPORT
Table of Contents Letter From The ITOC Chairman ITOC Activities...... 2 San Diego County voters originally approved the TransNet Ordinance and Expenditure Plan for 20 years (1988−2008) and subsequently extended the program TransNet Triennial Performance Audit... 2 for 40 years (2008−2048). Revenue from the half-cent sales tax—leveraged with TransNet Project Highlights and significant funds from federal, state, and local sources along with borrowings against Snapshots...... 3–5 future revenue—funds highway, transit, and bike/pedestrian improvements, as well Local Streets and Roads...... 6 as smart growth and environmental conservation. TransNet Annual Fiscal and The TransNet Extension Ordinance and Expenditure Plan passed in November 2004 Compliance Audit...... 7 mandated that an Independent Taxpayer Oversight Committee (ITOC) composed of volunteer citizens be formed to: a) provide an enhanced level of accountability for Note About Forecasts...... 9–10 the expenditure of funds under the Plan; b) help ensure that all Ordinance mandates TransNet Near Term Programming...... 10 are carried out as required; and c) develop recommendations for improvements to the financial integrity and performance of the program. TransNet Progress to Date...... 11 TransNet Revenue Forecast Update...... 12 The Fiscal Year (FY) 2017 ITOC Annual Report provides an overview of what was accomplished in the year and a look at what the TransNet program has completed to How to Get Involved...... 12 date. This report includes several highlights: • A summary of monitoring activities the ITOC undertook during the past year • Detailed facts and figures about the funds that have been disbursed to individual ITOC Membership jurisdictions for local streets and roads STEWART HALPERN**, Chair • Highlights of the FY 2016 TransNet Annual Fiscal and Compliance Audit Municipal/Public Finance • Snapshots of TransNet-funded projects completed or underway—more than 20 DUSTIN FULLER**, Vice Chair capital projects were either under construction or completed last year Biology/Environmental Science • Details of ongoing efforts to strengthen the transparency, accountability, and BRAD BARNUM* accuracy of the forecasting process for TransNet revenues Construction Project Management To learn more about what the ITOC does and how you can get involved, visit CAROLYN LEE* sandag.org/itoc. Real Estate/Right-of-Way Acquisition
KAI RAMER** Professional Licensed Engineer
JONATHAN TIBBITTS** Stewart Halpern, Traffic/Civil Engineering ITOC Chair RICHARD VORTMANN* Private Sector Senior Decision Maker
TRACY DRAGER San Diego County Assistant Auditor and Controller Non-voting member
* Term ends May 2017 ** Term ends May 2019
2 ITOC | Safeguarding your TransNet dollars 1 FY 2017 Activities/Accomplishments
ITOC Activities for Fiscal Year 2017 The ITOC reviewed and advised on many key TransNet-supported • Selected an independent auditor to conduct the FY 2018 programs during the July 1, 2016 to June 30, 2017 fiscal year: TransNet Triennial Performance Audit (covering fiscal years 2015 to 2017) • Conducted the FY 2016 TransNet Fiscal and Compliance Audits • Reviewed and recommended proposed amendments to the • Continued to review implementation of the recommendations following: from the FY 2015 TransNet Triennial Performance Audit (covering fiscal years 2012 to 2014) »» SANDAG Board Policy No. 031: TransNet Ordinance and Expenditure Plan Rules • Reviewed the Regional Transportation Improvement Program and its amendments for TransNet projects »» TransNet Extension Ordinance and related changes to the ITOC Bylaws • Continued to oversee the Environmental Mitigation Program (EMP), including review of the EMP funding recommendations, progress reports, acquisition of new parcels, and habitat management and monitoring activities Implementing FY 2015 • Reviewed funding recommendations, progress reports, proposed Triennial Performance Audit grant amendments, and performance for the TransNet Senior Recommendations Mini-Grant, Smart Growth Incentive, and Active Transportation The ITOC continues to focus on the implementation of Grant programs recommendations from the FY 2015 Triennial Performance • Continued to receive regular updates about the status of Audit and receives regular updates on the completion financial markets, state and federal budgets, and potential status for each of the recommendations. The FY 2015 impacts to the TransNet program, as well as the performance of Triennial Performance Audit covered a three-year period the TransNet debt program between FY 2012 through FY 2014. It was performed with the assistance of an independent auditor and is Reviewed TransNet program FY 2017 revenue revisions and • available on the SANDAG website at sandag.org/itoc. FY 2018 to FY 2022 TransNet and transit-related revenue The auditors found strong practices in place at SANDAG estimates and apportionments and its partner agencies to guide and implement the • Reviewed the SANDAG work plan to improve data accuracy and wide variety of complex programs envisioned under the modeling TransNet Extension Ordinance. Of particular importance, • Reviewed the draft assumptions for the 2016–2017 TransNet the audit concluded that SANDAG and its regional partners Major Corridors Plan of Finance Update are operating a well-run TransNet program encompassing many best practices for program development and delivery, Reviewed quarterly financial reports and other financial data • environmental mitigation, cost and schedule control, • Recommended an annual ITOC operating budget for FY 2018, contracting and construction, and general management continuing to operate under budget and oversight. • Accepted the annual Regional Transportation Congestion Improvement Program (RTCIP) submittals from local jurisdictions, and reviewed the annual RTCIP fee adjustment • Continued to receive annual status reports for each jurisdiction’s TransNet Local Street and Road Program, in addition to the following related updates: »» TransNet Local Street and Road Program Performance Output and Outcome Report »» The City of San Diego Transportation Capital Improvement Program streamlining plan and annual report on the city’s balance of TransNet local street and road funds • Reviewed the proposed FY 2018 budget for the TransNet Early Action Program • Reviewed progress reports on the TransNet program, including updates from corridor directors and project managers
ITOC | Safeguarding your TransNet dollars 3 2 FY 2017 Activities/Accomplishments (CONTINUED)
Fiscal Year 2017 TransNet Progress Highlights Fiscal year 2017 was a historic year for the TransNet Extension Program. Accomplishments included breaking ground on two mega projects: the Mid-Coast Trolley Extension and the North Coast Corridor Program. In total, some 20 transportation projects – funded by TransNet funds leveraged with state and federal dollars – were completed or got underway. Below are selected project highlights.
To learn more about what was accomplished last year, watch the 2016 recap video on youtube.com/SANDAGregion.
I-805 NORTH EXPRESS SR 15 COMMUTER BIKEWAY DOWNTOWN RAPID LANES PROJECT A new urban bikeway is taking shape to STATIONS In June 2016, Caltrans and SANDAG connect communities in the Mid-City area of In fall 2016, 11 uniquely branded Rapid completed the I-805 North Project, which San Diego with major retail, education and stations opened in the heart of Downtown created two carpool lanes between entertainment destinations in the Mission San Diego. Strategically spaced between two SR 52 and Mira Mesa Boulevard. The Valley area. Construction on the SR 15 major transfer points – Santa Fe Depot and project included a direct access ramp at Commuter Bikeway began in spring 2016 Smart Corner - the stations serve several Rapid Carroll Canyon Road, enabling carpools, and is expected to be ready for bike riders routes that terminate in downtown, as well as buses, and other eligible vehicles to go in 2017. The bikeway is fully separated the Airport Express. Project elements include straight into the HOV lanes. The last phase from traffic by a concrete barrier, and it also stainless steel shelters, next arrival displays, of the project was opening the south-facing features lighting and wider sections that security cameras, and pylon signs that serve as Direct Access Ramp. allow bike riders to rest or pass each other. landmarks.
LOSSAN/COASTAL RAIL CORRIDOR DOUBLE TRACKING Up and down the LOSSAN coastal rail corridor, where $1 billion of capital improvements are planned, several projects are under construction to expand the capacity of Metrolink, COASTER, Amtrak, and freight trains. Projects underway include: San Diego River Bridge Double Tracking, Elvira to Morena Double Tracking, Los Peñasquitos Bridges Replacement, and the Oceanside Transit Center. Currently, 67 percent of the LOSSAN corridor within the county is double tracked, up from 49 percent in 2008. Because of increased capacity in the rail corridor, in November 2016 AMTRAK added two trains per day between Los Angeles and San Diego, for a total of 12 daily round trips. In FY 2017, the LOSSAN corridor was awarded $66 million in state cap-and-trade funding.
SUPPORTING TRANSPORTATION FOR SENIORS In March 2017, the SANDAG Board of Directors approved the award of TransNet Senior Mini- Grants to 11 organizations to support their specialized transportation services for those 60 and older. These specialized services take seniors to shops, doctor’s appointments, social excursions, and wellness programs. Approximately $3 million in Senior Mini-Grants will be made available in FY 2018 and FY 2019. Funded organizations and programs include: City of Oceanside – Solutions for Seniors on the Go; Jewish Family Services – On the Go Eastern San Diego and North County Inland; Renewing Life – Volunteer Driver Senior Transportation Program (serving South County); and Peninsula Shepherd Center – Out and About Peninsula Senior Transportation (serving Point Loma, Ocean Beach, and Midway/Sports Arena), among others.
ITOC | Safeguarding your TransNet dollars 4 3 FY 2017 Activities/Accomplishments (CONTINUED)
SR 76 EAST SEGMENT I-805 SOUTH EXPRESS ENVIRONMENTAL In North County, construction is wrapping LANES PROJECT MITIGATION PROGRAM up on the last of a series of improvements As 2016 drew to a close, crews put final The TransNet Environmental Mitigation to straighten curves and widen the eastern touches on a major phase of the I-805 Program has been a driving force for habitat segment of SR 76. The bridge over Live Oak South project in Chula Vista, which conservation in the San Diego region. Creek opened to traffic in summer 2016, opened in early 2017. Improvements To date, the program has supported the along with a new westbound lane. Work is included a new Direct Access Ramp, transit acquisition of more than 8,600 acres for ongoing to expand the Park & Ride at station, and a Park & Ride at East Palomar conservation, and has provided 98 land SR 76 and Old Highway 395. The entire Street. These new facilities will be vital management grants, totaling $14.6 million, SR 76 East Segment Project is expected to to the operation of the future South Bay to local organizations for invasive plant be complete in spring 2017. Rapid service. removal, trail maintenance, and other efforts.
NORTH COAST CORRIDOR/ BAYSHORE BIKEWAY – MID-CITY CENTERLINE BUILD NCC NATIONAL CITY SEGMENT RAPID STATIONS In November 2016, SANDAG and Caltrans In December 2016, elected officials and Construction continues to build two pairs broke ground on an initial package bike riders gathered to break ground of Rapid transit stations in the median of of freeway, rail, and environmental on a new 2.25-mile segment of the SR 15 at El Cajon Boulevard and University enhancement projects along the North Bayshore Bikeway. The new segment will Avenue. These will be the first freeway- Coast Corridor. This program is called extend from the San Diego-National City level stations in the region. They feature Build NCC. Hailed by environmental border south to the National City Marina. elevators and unique architectural designs, advocates as a role model for integrated Currently, more than half of the 24-mile as well as lighting for added security planning, Build NCC will extend carpool loop around San Diego Bay has been built and comfort. The project is essential to lanes on I-5, double track the coastal and steady progress is being made to improving the on-time performance and rail line, make bike and pedestrian complete the remainder. connections between the existing Rapid improvements, and add sound walls along and local transit routes, which provide the freeway. As part of Build NCC, the Mid-City residents access to job centers San Elijo Lagoon will be restored. throughout the region. Completion is expected in summer 2017.
ITOC | Safeguarding your TransNet dollars 5 4 FY 2017 Activities/Accomplishments (CONTINUED)
I-5 GILMAN DRIVE BRIDGE I-5/GENESEE INTERCHANGE SOUTH BAY RAPID Construction on the Gilman Drive bridge Significant progress was made on the Construction continues on a new Rapid over I-5 began in late 2016. The bridge I-5/Genesee Interchange Project in 2016, route in South County, which will run will connect Gilman Drive to Medical and it’s slated to open in spring 2018. 26 miles between Otay Mesa, eastern Center Drive, and link the east and west The project will replace the existing six-lane Chula Vista, and Downtown San Diego. campuses of UC San Diego, one of the Genesee Avenue overpass with a ten-lane A key element of the project is the nearly region’s largest employers. Completion is structure, widen freeway ramps, add an 6-mile-long transit-only lanes in the median anticipated in 2019. auxiliary lane on northbound I-5, and build of East Palomar Street and along Eastlake a separated bike path that connects the Parkway in Chula Vista. Service is expected Sorrento Valley COASTER station to to begin on this route in 2018. Voigt Drive.
MID-COAST TROLLEY INLAND RAIL TRAIL – SMART GROWTH ALONG EXTENSION SAN MARCOS SEGMENT SR 78 In October 2016, the Mid-Coast Trolley A new segment of the Inland Rail Trail A neighborhood off SR 78 in San Marcos project broke ground, marking the running along the SPRINTER tracks in the has been transformed into a pedestrian- beginning of the largest transportation City of San Marcos opened to the public in and bike-friendly environment thanks to a project ever undertaken in the San Diego February 2017. The 1-mile path connects $1 million grant from the TransNet Smart region. The federal government committed the intersection of West Mission Road and Growth Incentive Program. Armorlite to provide $1 billion in matching funds for North Pacific Street to Cherimoya Drive at Drive between North Las Posas Road the project, which extends Blue Line the county and city boundary. Construction and Bingham Drive, just west of Mission Trolley service from Downtown San Diego on the next segment is underway and is Sports Park and south of the Palomar to the University City community. Upon expected to wrap up early next year. The College SPRINTER station, features completion of this project (opening entire San Marcos to Vista segment of the enhanced walkways, bike racks, lighting, expected in 2021), a single-seat (no Inland Rail Trail is anticipated to be complete and a protected bike path. The street transfer) ride will be available on the Trolley in 2019. When all phases are complete, the improvements were completed last summer from the U.S.–Mexico border to University Inland Rail Trail will run 21 miles and link by the City of San Marcos, which matched City, serving key employment, healthcare, the cities of Oceanside, Vista, San Marcos, the $1 million TransNet grant with another and education centers and destinations and Escondido, as well as unincorporated $1 million of its own funding, to get the along the way. communities in the County of San Diego. project done.
ITOC | Safeguarding your TransNet dollars 6 5 FY 2017 Activities/Accomplishments (CONTINUED)
Local Roads Since taking effect in 2008, the TransNet Extension has raised more than $631 million (as of June 30, 2016) for the region’s 18 cities and the County of San Diego to fix, maintain, and expand local streets. As with the original TransNet, the extension program allocates local road revenue to each jurisdiction using a formula based on population and maintained road miles.
Local Agency Street and Road Balances (AS OF JUNE 30, 2016) On a regular basis, the ITOC reviews local agency street and road balances to assist in monitoring expected use of local TransNet funds. Agencies anticipating spending less than 75 percent of their cumulative allocation provide ITOC with a report on their jurisdiction’s project delivery status and plans to spend down funds. The cities of Carlsbad, Chula Vista, Encinitas, Escondido, and Oceanside submitted a status report on delivery and spend down plans for ITOC review. Of the $631 million raised for local street and road improvements, more than $540 million has been spent or is committed to be spent over the next five years.
LOCAL STREET AND ROAD BALANCES ITOC IMPROVEMENT ALLOCATIONS HELD5 MONITORING Remaining Cumulative Actual spent3 (Unused) (Actuals) Cumulative Fiscal Year End (Cumulative) Programming4 Local Agency Received Disbursed1 Balances Total Target = 75% FY15/16 (IN THOUSANDS) CITY OF CARLSBAD $27,112 $(10,744) $17,146 36.8% $4,020 CITY OF CHULA VISTA 42,161 (30,445) 11,772 72.1% 11,420 CITY OF CORONADO 4,877 (3,785) 1,136 76.7% 598 CITY OF DEL MAR2 1,637 (4,002) 15 244.1% (1) CITY OF EL CAJON 18,501 (15,749) 3,000 83.8% 1,905 CITY OF ENCINITAS 14,934 (10,340) 4,778 68.0% 767 CITY OF ESCONDIDO 28,763 (16,757) 14,349 50.1% 10,952 CITY OF IMPERIAL BEACH 5,425 (5,085) 510 90.6% 344 CITY OF LA MESA2 13,784 (13,536) 953 95.6% 440 CITY OF LEMON GROVE 5,437 (3,595) 1,301 76.1% 1,280 CITY OF NATIONAL CITY2 10,589 (11,234) 677 103.7% 161 CITY OF OCEANSIDE 39,742 (28,977) 11,288 71.6% 7,671 CITY OF POWAY 11,526 (11,123) 889 92.3% 418 CITY OF SAN DIEGO 241,527 (203,595) 40,017 83.4% 35,854 CITY OF SAN MARCOS2 17,057 (22,764) 7,397 132.9% 1,187 CITY OF SANTEE2 10,923 (17,774) 655 161.6% 451 CITY OF SOLANA BEACH2 3,489 (7,184) 532 206.2% 24 CITY OF VISTA 18,996 (16,052) 118 99.4% (75) COUNTY OF SAN DIEGO2 115,035 (107,523) 20,455 92.3% 8,641 TOTAL $631,515 $(540,264) $136,988 $86,057 –––––– 1Disbursements include formula-based regular monthly payments to local agencies as requested and may include program costs, debt service payments, and payments using debt proceeds. 2For participants in the San Diego County Regional Transportation Commission Debt Program, bond and commercial paper proceeds are used in advance of future sales tax revenues and may include interest earned on the unspent proceeds (cash and investment balances). Borrowing will be paid with participants’ future sales tax revenue. Revenue used for borrowing plus disbursements to each jurisdiction will not exceed funding allowable per the TransNet Extension Ordinance. 3Monitoring threshold. Amounts exceeding 100% may show estimated percentage spent in excess of available funds that may be due to debt proceeds disbursed and/or programming based on two years of allocations. 4Remaining biennial programmed amounts unused at June 30, 2015, that were available to the cities to request through June 30, 2016. 5Balances Held include sales tax, interest earned, and other revenue and therefore is not the net of Cumulative (Actuals) Received and Cumulative Disbursed.
ITOC | Safeguarding your TransNet dollars 7 6 FY 2016 Annual Audit
FY 2016 TransNet Annual Fiscal and Compliance Audit The TransNet Extension Ordinance requires recipients of TransNet FY 2016 was the eighth year recipient agencies were required to funds to undergo an independent annual fiscal and compliance perform the agreed-upon procedures under the TransNet Extension audit. These audits are in the form of agreed-upon procedures Ordinance. Based upon results of the procedures performed, the (AUP) and include certain requirements of the Ordinance, SANDAG report also noted the following: Board Policy, and requests of the ITOC. The ITOC is responsible for • All street and road recipient agencies, except the City of Lemon issuing an annual audit statement for each jurisdiction’s compliance Grove, were in compliance with the Maintenance of Effort with these requirements. The Summary of Results and AUP reports (MOE) requirement ensuring that TransNet revenues were used for the year ended June 30, 2016, are available on the SANDAG to augment, not supplant, local revenues. The City of Lemon website at sandag.org/itoc. Grove reported an unmet MOE requirement in the amount of Recipient agencies were in compliance with the major TransNet $21,196 for the year ended June 30, 2016. The SANDAG Board provisions. The audit noted the following key results: of Directors approved allowing the City of Lemon Grove until June 30, 2019, to make up the deficit in accordance with the • As required by SANDAG Board Policy No. 031, each recipient TransNet Extension Ordinance. agency accounted for TransNet activities in a separate fund, or via an alternative method, as approved by SANDAG. • All reporting agencies, with the exception of the cities of Escondido, La Mesa, Poway, and San Marcos were in compliance • Revenues for each recipient agency were recorded and with Board Policy No. 031, Rule #17, Section IV, requiring expenditures reported by all recipient agencies were allowable TransNet recipient agencies to maintain a fund balance that in accordance with the TransNet Ordinance, TransNet Extension does not exceed 30 percent of its annual apportionment. Local Ordinance, and SANDAG Board Policy No. 031. Street and Road funds will be withheld from these jurisdictions • SANDAG appropriately allocated TransNet revenues – at least until such time that the Director of Finance certifies they have 70 percent for congestion relief purposes and up to 30 percent gained compliance. for maintenance purposes – in accordance with the TransNet • The North County Transit District (NCTD) was in compliance for Extension Ordinance. operator eligibility requirements for both bus and rail services. • Revenue collected by each city and the County of San Diego The SANDAG Board of Directors approved an adjustment to the under the Regional Transportation Congestion Improvement MTS annual calculation for operator rail eligibility requirements, Program was in compliance with Section 9 (a) of the TransNet as allowed by the Ordinance, thereby rendering the agency in Extension Ordinance and SANDAG Board Policy No. 031. compliance.
ITOC | Safeguarding your TransNet dollars 8 7 FY 2016 Annual Audit (CONTINUED)
Compliance with the Maintenance of Effort Requirement The TransNet Extension Ordinance includes a Maintenance of Effort (MOE) requirement to ensure TransNet revenues are used to augment, not supplant, existing local funding. TransNet funds are used to leverage other revenues available for local street and road improvements – making the most of every TransNet dollar. The FY 2016 audits found that all local street and road recipient agencies, except the City of Lemon Grove, were in compliance with the MOE requirement. The SANDAG Board of Directors approved allowing the City of Lemon Grove until June 30, 2019, to make up the shortfall in accordance with the TransNet Extension Ordinance.
FISCAL YEAR 2016
Specialized Streets Transportation Transit Bus Deficit Recipient Agency In Compliance and Roads Services Subsidies Amount CARLSBAD Yes $4,897,196 –– –– –– CHULA VISTA Yes 2,999,670 –– –– –– CORONADO Yes 685,316 –– –– –– DEL MAR Yes 368,365 16,9732 –– –– EL CAJON Yes 1,403,896 –– –– –– ENCINITAS Yes 1,665,638 462 –– –– ESCONDIDO Yes 2,534,929 –– –– –– IMPERIAL BEACH Yes 217,840 –– –– –– LA MESA Yes 1,530,076 –– –– –– LEMON GROVE No 147,377 –– –– 21,196 NATIONAL CITY Yes 1,459,882 –– –– –– OCEANSIDE Yes 2,321,866 –– –– –– POWAY Yes 884,681 –– –– –– SAN DIEGO Yes 19,384,257 143,4332 772,1572 –– SAN MARCOS Yes 3,804,565 –– –– –– SANTEE Yes 485,044 –– –– –– SOLANA BEACH Yes 416,150 –– –– –– VISTA Yes 2,098,885 –– –– –– COUNTY OF SAN DIEGO1 Yes 0 –– –– ––
–––––– Yes = In Compliance No = Not in compliance –– = Not applicable
1 The County does not have discretionary expenditures or projects that can be reported under the MOE. 2 Only the cities of Del Mar, Encinitas, and San Diego have a specialized transportation services requirement. The City of San Diego also has a transit bus subsidy requirement. Note: The MOE requirement is re-indexed every 3 years. The FY 2012 agreed-upon procedures process included re-indexing for FY 2015, 2016, and 2017.
ITOC | Safeguarding your TransNet dollars 9 8 A Special Note From The ITOC Regarding Forecasts
A Special Note From The ITOC Regarding SANDAG’s Financial Forecasts Over the last year there has been much discussion and, we believe, 2016, the shortfall was approximately $450 million less than had some confusion about SANDAG’s financial forecasts prepared for been forecast in 2002, primarily due to the “Great Recession” in the TransNet program. This note intends to help clarify the major 2008–2009, when overall economic activity slowed and fewer “moving pieces” that go into the financial forecasts SANDAG uses than expected people moved into the county. As a result of the for planning capital projects. slow recovery, sales tax revenues in San Diego County today are still slightly less than they were prior to the recession whereas the The Revenue Forecast Error original estimates prepared for the TransNet extension assumed It has been made clear that a spreadsheet formula error in a there would be slow but steady growth in sales tax every year. forecast used for part of FY 2017 led to an inflated forecast estimated future sales tax revenue. That error has been identified Sales Tax Revenue Is Just One of Several and, with input from the ITOC, the SANDAG Board of Directors Funding Sources adopted a plan to enhance data integrity and forecasting Although sales tax revenue has been lower than originally forecast, processes. In addition, an outside law firm has been hired to review SANDAG has attracted more external funding than anticipated. the process by which the error was handled by SANDAG staff, The 40-year projection (2008–2048) for the TransNet program executive management, and the Board of Directors. estimated that SANDAG would leverage “matching funds” in a one-to-one ratio from various federal government and state The Revenue Shortfall from “The Great Recession” transportation initiatives for the TransNet Extension Major Corridor In 2002, SANDAG estimated that $14.2 billion in sales tax revenue projects. In fact, the entire TransNet program (1988–2016) has could be expected from the TransNet sales tax extension. Such leveraged matching funds at a ratio of about 3 to 1, much better revenue collection was on track through 2007. From 2008 than was projected by the TransNet Extension Ordinance, which through 2010, revenue collections decreased significantly, and more than offsets the shortfall in TransNet sales tax receipts. then began to increase again in 2011. Through late calendar year
Revenue Forecasts