Board Members Ron Roberts, Chair Supervisor, County of 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 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 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.

1

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.

5

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

$11B Potential Revenue Range Shortfall ($450M) $9B

Annual Collections (Millions in 2002$) Actual TransNet Revenue Collections ($3.1B)

($14.2B) 2002 TransNet Revenue Forecast* Independent Forecasts: ($10.8B) 2002 TransNet Revenue Forecast (Adjusted for The Great Recession and Reduction in ($10.1B) Woods & Poole* Population Growth)* ($10.0B) IHS* ($9.6B) Current Consensus Revenue Forecast Used for the 2016–2017 Plan of Finance Assumptions* ($9.2B) Moody’s*

–––––– *All Forecasts in 2002$

ITOC | Safeguarding your TransNet dollars 10 9 A Special Note Regarding Forecasts and Near Term Programming

Use of Debt to Accelerate Projects Impact of Changes in Project Direct Costs: The actual cost In addition to sales tax receipts and state and federal funds, to construct the project (i.e. the price of materials and labor, etc.) through May 2017, the TransNet Extension Program also has is another factor, as construction costs tend to fluctuate with the benefited from $1.9 billion1 of long-term borrowing. These economy. The TransNet program realized significant savings from borrowings against future sales tax receipts have enabled the lower construction costs as a result of the “Great Recession,” and region to accelerate its work, and provided the two-fold benefit the ability to use debt to advance projects enabled SANDAG to of taking advantage of lower construction costs as well as earlier frontload projects and open them to the public sooner than a pay- in-service dates for numerous projects. as-you-go model.

Impact of Changes in Project Scope: The cost of projects The number of independent variables described above should projected to be completed under the TransNet program is another make clear that any 40-year projection of revenue, cost and project variable to be considered. The final engineered scope of each scope is highly complex. However, with our annual financial and project can vary significantly from the preliminary, conceptual compliance audits, triennial performance audits and monthly scope that was used to develop the original 40-year TransNet plan. oversight meetings, the ITOC monitors the TransNet program on its As work began on specific projects and their detailed scopes, many levels to help ensure that SANDAG continues to deliver on its locations, and improvements refined, in many cases the final design promise of completing projects mandated by the Ordinance. became more expensive than the original conceptual design. A good example of this is the Mid-Coast Trolley currently under construction; the route has changed several times to satisfy citizens’ concerns, environmental and additional regulatory requirements, and growth on the UC San Diego campus. Parts of the Trolley system are now elevated to overcome some of the issues that occurred when the track was at ground level. These factors added costs as well as project benefits that will ultimately better serve the region and improve the transit network. For example, a station was added to serve the VA Medical Center, which was not originally included as part of the Mid-Coast project.

–––––– 1The bulk of $1.9 billion in bond proceeds has been allocated for Major Corridor projects, with the remainder for local streets and roads projects.

Near Term: TransNet-Funded Projects TransNet and Other Funds for Programmed Programmed Through FY 2021 Projects from FY 2017–FY 2021 TransNet funds are matched with other funds to deliver projects in the short-term under the 2016 Regional Transportation Improvement Program (RTIP). Covering a five-year period from FY 2017 to FY 2021, the RTIP is a multi-billion dollar program of projects planned by SANDAG and jurisdictions throughout TransNet* Federal the county. These projects are funded by federal, state, 32% 32% TransNet sales tax, and other local funding sources. The ITOC reviews projects proposed for funding with TransNet funds and does this as part of its review of the RTIP. While the TransNet local sales tax dollars represent a relatively stable source critical to financing regional transportation Local/Private State programs and projects, when compared to federal, state, and 19% 17% other funding available, these outside fund sources constitute a proportionally larger share of the overall funding available.

–––––– Source: 2016 Regional Transportation Improvement Program *TransNet includes bond proceeds.

ITOC | Safeguarding your TransNet dollars 11 10 TransNet Progress to Date

TransNet Progress to Date Over the past three decades, TransNet funds have played a crucial TransNet Program Historical Leverage Ratio (1988-2016) role in the region’s ability to secure matching funds from federal, (3:1) state, and other local sources and advance completion of major capital projects. Every TransNet dollar invested in completed projects has effectively been tripled by leveraging funds from other sources.

Approximately $3.3 billion in TransNet funding has been invested in completed projects as of spring 2016, and these funds have helped leverage more than $10 billion in outside funds to deliver more than $3.3 billion 650 highway, transit, bike and pedestrian, habitat conservation, local street repairs, and grant projects and programs. Incorporated into the TransNet Extension Ordinance was an assumption that TransNet funds dedicated to the Major Corridor Program would leverage approximately 50% from federal, state and other sources—meaning $10.4 billion that one outside dollar would be leveraged for every TransNet dollar received, or a 1:1 match ratio. To date, Major Corridor Program TransNet funds have actually been matched closer to 2:1. Furthermore, from 1988 to 2016, the actual leverage ratio of outside funds to TransNet funds is 3:1 for the entire TransNet program.

In 2005, the TransNet Early Action Program (EAP) was created to expedite congestion relief. The EAP advanced completion of TransNet* Outside Match projects, even during the depths of the Great Recession, by using long-term borrowing secured by future TransNet sales tax revenue to –––––– *TransNet includes bond proceeds. capitalize on low interest rates, low construction costs, and to seize competitive funding opportunities.

Promises Made, Promises Kept TransNet Extension Major Corridor As of early 2017, with about 31 years left on the TransNet Extension, Improvement Program (2008 – 2048) 40 percent of the capital projects promised to voters under the Progress through mid-2017 TransNet measure have either been completed or are under 2008-2017 2048 construction. This was achieved by obtaining a little more than $1.8 billion2 of long-term debt financing and $4.3 billion state, federal 22.5% 80% and local funds, in addition to nearly $900 million in sales tax revenue Time Elapsed Time Remaining received into the TransNet program to-date, for use on projects which are already completed or are currently in construction. In late 2016, 19 PROJECTS 29 PROJECTS SANDAG staff presented their estimates to complete the remaining Major Corridors program. At the time, the total cost of the remaining 40 % Completed or 60% Under Construction To be Completed projects, net of debt service, was approximately $22.6 billion. The revenues anticipated at the time to be available to complete the –––––– remaining projects included a combination of TransNet, state and The percent completed/under construction is estimated by both number federal funds, including $4 billion in grants, state and federal formula of TransNet Extension Major Corridor projects completed and by estimate of project cost. funds and TIFIA loan proceeds already programmed to projects, and approximately $17.5 billion in anticipated state and federal formula A comprehensive ten-year review of the TransNet program is funds and funding from state and federal future initiatives similar to scheduled to begin in FY 2018. This review will provide an overall the federal stimulus legislation and Proposition 1B. It should be noted status of progress on projects and programs since the start of the that since then, the Governor approved Senate Bill 1 (Beall), which TransNet program. ITOC will provide recommendations to improve authorizes increases to fuel taxes and vehicle license fees, and which performance of the program as part of this review. will provide funds to supplement existing TransNet and state and federal funds. Although SB1 program details are not yet available, this To take a virtual tour of TransNet-funded projects, view the story new fund source provides greater certainty that implementation of the map on KeepSanDiegoMoving.com/TransNet. Major Corridors program will continue to move forward resulting in –––––– 2The bulk of $1.9 billion in bond proceeds has been allocated for Major completion of all projects by the end of the measure. Corridor projects, with the remainder for local streets and roads projects.

ITOC | Safeguarding your TransNet dollars 12 11 Future Activities/Challenges/Opportunities

The ITOC plays a valuable role in the ongoing improvement and enhancement of the financial integrity and performance of the TransNet program. Below are descriptions of How Can You Get Involved? key FY 2017 activities to be carried forward into FY 2018. KeepSanDiegoMoving.com Upcoming Triennial Performance Audit Offers real time information about Per the TransNet Extension Ordinance, the ITOC conducts triennial performance audits TransNet projects, including a of SANDAG and other agencies involved in the implementation of TransNet-funded Dashboard that shows budgets projects and programs to review project delivery, cost control, schedule adherence, and and schedules. related activities. In May 2017, the ITOC selected an independent performance auditing firm, with over a decade of prior public service experience in the California State sandag.org/TransNet Auditor’s Office, to conduct the next triennial performance audit. The ITOC performance Contains key documents related to audit subcommittee will work closely with the auditors beginning summer 2017. the TransNet Extension Ordinance. Ongoing Monitoring of Financial Markets and the Meetings FY 2017 and FY 2018 TransNet Revenue Forecast ITOC meets on a regular basis, usually the second Wednesday Quarterly briefings are provided to the ITOC to keep us informed about the latest of the month at 9:30 a.m. at developments in the financial markets, the economy, and sales tax revenues, and the SANDAG offices, 401 B Street, strategies being explored and implemented to seize opportunities and minimize possible Suite 800, San Diego, CA 92101. impacts on the TransNet program. In FY 2017, the TransNet revenue anticipated growth rate was revised from 3.5 percent to 2.6 percent above actual 2016 receipts. For A list of past and upcoming FY 2018, a 3.3 percent growth is projected over the FY 2017 revised forecast. agendas for all ITOC meetings can be found at sandag.org/itoc.

Upcoming 2016-2017 TransNet Plan of Finance Update Questions? Prior to approval by SANDAG Board of Directors, the annual TransNet plan of Inquiries to the ITOC can be finance update is presented to the ITOC for review and discussion. In carrying out its directed to [email protected]. role, the ITOC provides recommendations to enhance the financial integrity of the Any persons interested in serving TransNet program. on the committee, as vacancies The TransNet plan of finance is a strategic tool used to build a comprehensive financing occur, are encouraged to email strategy based upon estimated project costs, delivery schedules, and revenue forecasts. SANDAG to be placed on the As a forward-looking document, the TransNet plan of finance assesses the financial vacancy notification list. capacity of the TransNet program in order to identify opportunities to advance completion of additional capital projects, as well as to identify the need to slow down, should rising project costs, decreasing revenues, or other external factors result in reduced financial capacity. Per ITOC’s request, proposed cost and revenue assumptions were presented to the ITOC in March 2017, prior to incorporation in the annual TransNet plan of finance update. The entire 2016-2017 TransNet Plan of Finance Update is scheduled to be presented in summer 2017 for ITOC review. Enhancing Transparency, Accountability, and Data Integrity In February 2017, the SANDAG Board of Directors adopted a seven-point data modeling and accuracy work plan developed by agency staff to strengthen the transparency, accountability, and accuracy of SANDAG data, analytics, and modeling programs. The Board of Directors asked the ITOC to provide input on the seven elements of the work plan. As part of its review, the ITOC stressed the importance of presenting information in a more digestible format and supported the proposed methods to ensure data and analytic transparency, including continued infographic representation of data. The ITOC also provided further recommendations for other areas of improvement. The FY 2018 TransNet Triennial Performance Audit will address ITOC review of these activities in support of continued enhanced transparency and accountability. Going forward, staff will present ongoing progress reports to the Board of Directors and the ITOC to ensure both remain informed about the implementation of the work plan.

To learn more about the ongoing work to strengthen the agency’s forecasting capabilities, visit sandag.org/workplan.

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ITOC | Safeguarding your TransNet dollars 13 12 AGENDA ITEM NO. 17-06-9 BOARD OF DIRECTORS JUNE 23, 2017 ACTION REQUESTED – APPROVE

HEARING OF NECESSITY: ACQUISITION OF PROPERTY File Number 1257001 INTERESTS LOCATED IN THE CITY OF SAN DIEGO FOR THE MID-COAST CORRIDOR TRANSIT PROJECT

Introduction Recommendation SANDAG has undertaken preliminary investigations required to identify and attempt to acquire various The Board of Directors is asked to: (1) receive property interests needed to accommodate the Mid- public testimony; (2) adopt Resolution of Coast Corridor Transit Project (Mid-Coast). Pursuant Necessity No. 2017-29 (Attachment 1) by a to applicable requirements of law as well as SANDAG two-thirds vote, pertaining to acquisition of Board Policy, SANDAG had the property interests it property for the Mid-Coast Corridor Transit proposes to acquire appraised. The appraisal resulted Project; and (3) authorize staff to proceed in an offer letter being sent to the property owner, with all condemnation filings and PS Rose Canyon, LLC, for the full appraised amount, proceedings necessary to acquire the along with a summary of information from the interests in the subject parcel. appraisal.

SANDAG has met and negotiated with the property owner, but as of the date of preparation of this report, a final agreement for purchase of the property interests by way of a negotiated agreement has not been reached. Notwithstanding action by the Board of Directors with respect to the proposed Resolution of Necessity, SANDAG will continue to pursue negotiations with the property owner in an attempt to reach mutually agreeable terms for voluntary transfers of the property interests. At this point, the owner has requested that SANDAG proceed with a Resolution of Necessity and eminent domain action.

Project Description

Mid-Coast Corridor Transit Project

SANDAG has designed Mid-Coast, an 11-mile project that will extend the Trolley Blue Line service from the Santa Fe Depot in Downtown San Diego north to the University City community, serving major activity centers such as Old Town, UC San Diego, and Westfield University Town Center (UTC). Mid-Coast will be funded partially by the regional TransNet half-cent sales tax program administered by SANDAG along with federal New Starts funding through the Federal Transit Administration.

The Trolley extension was approved by the Board of Directors in fall 2014. The route begins north of the Old Town Transit Center and travels in existing railroad right-of-way and alongside Interstate 5 to serve UC San Diego and University Center. The extension will serve nine new stations: Tecolote Road, Clairemont Drive, Balboa Avenue, Nobel Drive, Veterans Affairs Medical Center, Pepper Canyon, Voigt Drive, Executive Drive, and the terminus station at the Westfield UTC transit center.

Mid-Coast will provide an effective alternative to congested freeways and roadways for travelers, improve public transit services, and enhance travel options by connecting the corridor with areas served by the existing Trolley system. Additional information about this project can be found at: sandag.org/midcoast.

Description of the Subject Property

Information related to the subject property from which property interests are sought to be acquired is set forth below. The property interests sought are more fully described and depicted in the Exhibit attached to Resolution of Necessity No. 2017-29 (Attachment 1).

2 Resolution Property Assessor Property Interests Sought To Be of Necessity Owner Parcel Number Acquired By SANDAG

4,853 sq. ft. Fee Acquisition (Parcel No. 40146-2);

7,617 sq. ft. Permanent Easement Acquisition (Parcel No. 40146-3);

4,176 sq. ft. Temporary Construction Easement Acquisition (Parcel No. 40146-1, Section A);

3,951 sq. ft. Temporary Construction Easement Acquisition (Parcel No. 40146-1, Section B);

3,742 sq. ft. Temporary Construction Easement Acquisition (Parcel No. 40146-1, Section C);

4,742 sq. ft. Temporary Construction Easement Acquisition (Parcel No. 40146-1, Section D);

22,400 sq. ft. Temporary PS Rose Canyon, Construction Easement Acquisition LLC, a Delaware 359-630-08-00 (Parcel No. 40146-1, Section E); 2017-29 Limited Liability 359-630-09-00 Company 51,904 sq. ft. Temporary Access Easement Acquisition (Parcel Nos. 40146-1 and 43037-1, Section F);

5,185 sq. ft. Temporary Construction Easement Acquisition (Parcel No. 40146-1, Section G);

6,899 sq. ft. Temporary Construction Easement Acquisition (Parcel No. 40146-1, Section H);

7,747 sq. ft. Temporary Construction Easement Acquisition (Parcel No. 40146-1, Section I);

5,794 sq. ft. Temporary Construction Easement Acquisition (Parcel No. 40146-1, Section J)

1,327 sq. ft. Floating, Temporary Access Easement (within portions of Parcel No. 40136-1, Sections G, H, and I)

3 Discussion

The Board of Directors is asked to consider the adoption of a Resolution of Necessity to acquire property interests in the parcels and sections listed herein. The power of eminent domain is used by SANDAG only as a last resort to obtain property interests necessary for Mid-Coast. As stated above, an offer of just compensation has been made to the owner for the full fair market value of the property interests sought to be acquired as determined by an appraisal. SANDAG staff has attempted to negotiate an amicable settlement in good faith and will continue to do so throughout the process. However, as of the date of preparation of this report, a negotiated purchase has not been achieved, and the owner has requested that SANDAG adopt a Resolution of Necessity and file an eminent domain action as expeditiously as possible.

One reason for the owner’s request that SANDAG adopt a Resolution of Necessity and file an eminent domain action now relates to a prior agreement between the parties to consolidate the upcoming eminent domain action with another eminent domain action currently on file. That earlier action, captioned San Diego Association of Governments v. PS Rose Canyon LLC, et al, San Diego Superior Court Case Number 37-2016-00013887-CU-OR-CTL, involves SANDAG’s condemnation of certain property interests from the owner for the Elvira to Morena Double Track Project. Pursuant to the parties’ agreement, that earlier action has been stayed so that the two eminent domain cases can be consolidated.

California eminent domain law provides that a public entity may not commence an eminent domain proceeding on a property until its governing body has adopted a Resolution of Necessity. That resolution may only be adopted after the governing body has given each party with an interest in the affected property, or its representatives, a reasonable opportunity to appear and be heard on the following matters, and the governing body makes the following findings:

• Whether the public interest and necessity require the project for which the property is sought to be acquired

• Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury

• Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project

• Whether the offer required by Section 7267.2 of the California Government Code has been made to the property owner

A notice of this hearing was sent by certified mail to the property owner as prescribed by law. The notice stated SANDAG’s intent to consider the adoption of a Resolution of Necessity, the right of the property owner to appear and be heard on the issues set forth above, and that failure to file a written request to appear would result in a waiver of the right to appear and be heard.

4 Findings

Finding 1: The Public Interest and Necessity Require the Project

Mid-Coast will expand commuter light-rail service from the Santa Fe Depot to the UTC Westfield shopping center. This will include bringing new light rail transit service to the Veterans Administration Hospital and the UC San Diego campus. The project will provide improved transit service, reduce traffic congestion on regional roadways, and consequently reduce greenhouse gas emissions.

Finding 2: The Project is Planned or Located in the Manner that will be Most Compatible with the Greatest Public Good and the Least Private Injury

Mid-Coast has been designed to maximize the benefits to the public at large while minimizing impacts to private property owners. The project team has worked diligently to minimize the need for property acquisitions. The alignment of Mid-Coast largely is controlled by the existing rail alignment and railroad right-of-way, and its design has been optimized to maximize the use of the existing public right-of-way and minimize private property acquisitions. An extensive analysis of design alternatives for Mid-Coast was completed - addressing constructability, cost, and private impacts - before arriving at the current design footprints and features.

As with any public project of this magnitude, access to the project areas is needed during the construction process. Additionally, certain other types of acquisitions are needed to accommodate the project features and impacts, such as street and other related public improvements, parking, drainage and maintenance.

Furthermore, compliance with the California Environmental Quality Act has been satisfied by preparation of an Environmental Impact Report, which has been approved by SANDAG.

Finding 3: The Interests in the Subject Property Are Needed for the Project

The property interests sought were analyzed, giving full consideration to whether a feasible design alternative exists that would alleviate the need for the interest. After extensive analysis of design alternatives, and based on the current Mid-Coast alignment and footprint, staff recommends that the following property interests are necessary for the Mid-Coast Project:

Resolution of Necessity No. 2017-29

Owner – PS Rose Canyon, LLC, a Delaware limited liability company: This property is needed for the Mid-Coast Project and includes fee, permanent easement, and temporary construction and access easement interests. The fee acquisition is needed for the development of a retaining wall in conjunction with the rail corridor widening. The permanent easement acquisition is needed to construct and maintain a bridge section over a creek area. The temporary construction and temporary access easements are needed for the purpose of necessary and convenient activities associated with the construction of the Mid-Coast Project, as described more specifically in the proposed Resolution of Necessity.

5 Finding 4: Offer of Just Compensation Has Been Made to the Property Owner

An appraisal was prepared for the proposed acquisition pursuant to SANDAG Board Policy and applicable law. An offer for the full appraised value of the property interests sought to be acquired was made to the owner of the subject property (see table below). Negotiations have been ongoing with the property owner since the initial offer was made.

Property Owner Date Offer Letter Appraised Offer Price Sent to Property Value Owner

PS Rose Canyon, LLC, a May 10, 2017 $305,000 $305,000 Delaware limited liability Company

Next Steps

Should the Board approve the Resolution of Necessity, the Office of General Counsel will work with outside counsel to initiate court proceedings to acquire the property interests necessary for the project, as well as seek prejudgment possession of the property as necessary. SANDAG staff will continue to work with the property owner to attempt to negotiate and finalize agreements reflecting fair and equitable compensation for the proposed property acquisition.

GARY L. GALLEGOS Executive Director

Attachment: 1. Resolution of Necessity No. 2017-29

Key Staff Contacts: Ryan Kohut, (619) 595-5339, [email protected] John Haggerty, (619) 699-6937, [email protected]

6 Attachment 1

401 B Street, Suite 800 San Diego, CA 92101 RESOLUTION NO. 2017-29 Phone (619) 699-1900 Fax (619) 699-1905 sandag.org

RESOLUTION OF NECESSITY OF THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE ACQUISITION BY EMINENT DOMAIN OF FEE, PERMANENT EASEMENT, TEMPORARY CONSTRUCTION EASEMENT, AND TEMPORARY ACCESS EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY BEARING ASSESSOR’S PARCEL NUMBERS 359-630-08-00 AND 359-630-09-00, LOCATED IN THE CITY OF SAN DIEGO, SAN DIEGO COUNTY, CALIFORNIA, FOR THE CONSTRUCTION AND OPERATION OF THE MID-COAST CORRIDOR TRANSIT PROJECT

WHEREAS, the San Diego Association of Governments (SANDAG), a public agency organized and existing under Government Code Section 6500, et seq., proposes to acquire a Fee Interest (Parcel No. 40146-2), a Permanent Easement Interest (Parcel No. 40146-3), Temporary Construction Easement Interests (Parcel No. 40146-1, Sections A, B, C, D, E, G, H, I, and J), a Temporary Access Easement Interest (Parcel Nos. 40146-1 and 43037-1, Section F) and temporary floating access easement (within Parcel No. 401461-1, Sections G, H, and I) in portions of certain real property located at 4901-4907 Morena Boulevard, San Diego, CA, bearing Assessor Parcel Nos. 359-630-08-00 and 359-630-09-00, for the construction and operation of the Mid-Coast Corridor Transit Project and related public infrastructure improvements, in the City of San Diego, California, pursuant to the authority granted to it by Section 132350 et seq., of the California Public Utilities Code; and

WHEREAS, SANDAG is empowered to use the power of eminent domain to acquire property of every kind necessary to the full and convenient exercise of its power pursuant to Public Utilities Code Section 132354, and Code of Civil Procedure Sections 1240.110 and 1240.120; and

WHEREAS, pursuant to the authority granted to SANDAG, SANDAG proposes to use its powers of eminent domain to acquire interests in certain real property for the Mid-Coast Corridor Transit Project, an 11-mile extension of the San Diego Trolley extending the Trolley Blue Line service from the Santa Fe Depot in downtown San Diego north to the University City community (Project); and

WHEREAS, pursuant to Section 1245.235 of the California Code of Civil Procedure, SANDAG scheduled a public hearing for Friday, June 23, 2017, at 9 a.m. at SANDAG, Board Room, 401 B Street, 7th Floor, San Diego, California 92101, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll notice a reasonable opportunity to appear at said hearing and be heard on the matters referred to in Section 1240.030 of the California Code of Civil Procedure; and

WHEREAS, said hearing has been held by SANDAG, and each person whose property is to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and

WHEREAS, SANDAG may now adopt a Resolution of Necessity pursuant to Section 1240.040 of the California Code of Civil Procedure.; NOW THEREFORE

7

SANDAG DOES HEREBY RESOLVE AND DECLARE by a vote of two-thirds or more of all the members of the Board of Directors of SANDAG as follows:

SECTION 1. Compliance with California Code of Civil Procedure and California Environmental Quality Act. There has been compliance by SANDAG with the requirements of Section 1245.235 of the California Code of Civil Procedure and the California Environmental Quality Act.

SECTION 2. Public Use. The public use for which the real property is to be acquired is for the construction of the Mid-Coast Corridor Transit Project, an 11-mile extension of the San Diego Trolley extending the Trolley Blue Line service from the Santa Fe Depot in downtown San Diego north to the University City community, in the City of San Diego, San Diego County, California, and all uses necessary, incidental, or convenient thereto. Section 132354 of the California Public Utilities Code authorizes SANDAG to acquire by eminent domain property necessary for such purposes.

SECTION 3. Description of Property. Attached and marked as Exhibits 1-12 hereto are the legal descriptions and depictions of the following property interests required for the Project:

A. A fee interest (Parcel No. 40146-2) in portions of the real property bearing assessor’s Parcel Number 359-630-09-00, as described in the legal description and depicted in the plat map attached hereto as Exhibit 1, and as further described below;

B. A permanent easement (Parcel No. 40146-3) in portions of the real property bearing accessor’s Parcel Number 359-630-09-00, as described in the legal description and depicted in the plat map attached hereto as Exhibit 2, and as further described below;

C. A temporary construction easement (Parcel No. 40146-1, Section A) in portions of the real property bearing assessor’s Parcel Number 359-630-09-00, as described in the legal description and depicted in the plat map attached hereto as Exhibit 3, and as further described below in paragraphs 1 and 3;

D. A temporary construction easement (parcel no 40146-1, Section B) in portions of the real property bearing assessor’s Parcel Number 359-630-09-00, as described in the legal description and depicted in the plat map attached hereto as Exhibit 4, and as further described below in paragraphs 1 and 3;

E. A temporary construction easement (Parcel No. 40146-1, Section C) in portions of the real property bearing assessor’s Parcel Number 359-630-09-00, as described in the legal description and depicted in the plat map attached hereto as Exhibit 5, and as further described below in paragraphs 1, 2 and 3;

F. A temporary construction easement (Parcel No. 40146-1, Section D) in portions of the real property bearing assessor’s Parcel Number 359-630-09-00, as described in the legal description and depicted in the plat map attached hereto as Exhibit 6, and as further described below in paragraphs 1 and 4;

G. A temporary construction easement (Parcel No. 40146-1, Section E) in portions of the real property bearing assessor’s Parcel Number 359-630-09-00, as described in the legal description and depicted in the plat map attached hereto as Exhibit 7, and as further described below in paragraph 5;

8

h. A temporary access easement (parcel nos. 40146-1 and 43037-1, Section F) in portions of the real property bearing assessor’s Parcel Numbers 359-630-08-00 and 359-630-09-00, as described in the legal descriptions and depicted in the plat maps attached hereto as Exhibit 8, and as further described below in paragraph 6;

I. A temporary construction easement (Parcel No. 40146-1, Section G) in portions of the real property bearing assessor’s Parcel Number 359-630-09-00, as described in the legal description and depicted in the plat map attached hereto as Exhibit 9, and as further described below in paragraphs 7, 8 and 9;

J. A temporary construction easement (Parcel No. 40146-1, Section H) in portions of the real property bearing assessor’s Parcel Number 359-630-09-00, as described in the legal description and depicted in the plat map attached hereto as Exhibit 10, and as further described below in paragraphs 7, 8 and 9;

K. A temporary construction easement (Parcel No. 40146-1, Section I) in portions of the real property bearing assessor’s Parcel Number 359-630-09-00, as described in the legal description and depicted in the plat map attached hereto as Exhibit 11, and as further described below in paragraphs 7, 8 and 9;

L. A temporary construction easement (Parcel No. 40146-1, Section J) in portions of the real property bearing assessor’s Parcel Number 359-630-09-00, as described in the legal description and depicted in the plat map attached hereto as Exhibit 12, as further described below paragraph 10; and m. A temporary floating access easement in portions of the real property bearing accessor’s Parcel Number 359-630-09-00, within the areas identified above as Parcel No. 401461-1, sections G, H, and I, and as further described below in paragraph 11.

The fee interest (Parcel No. 40146-2) will not impact any parking spaces. Similarly, the permanent easement interest (Parcel No. 40146-3) will not impact any parking spaces. To the extent there are any pre-existing easements in the permanent easement area, SANDAG will be taking the permanent easement interest subject to those easements.

Furthermore, construction and use of the temporary construction easement interests (Parcel No. 40146-1, Sections A-E, G-J), access easement interest (Parcel Nos. 40146-1 and 43037-1, Section F) and the temporary floating access easement (within Parcel No. 401461-1, Sections G, H, and I) will be implemented in phases and are subject to the following limitations and restrictions:

1. Phase 1 of construction will utilize Sections A, B, C, and D for a duration of five weeks for tree and light pole removal for a soldier pile wall and related construction activities. SANDAG will have exclusive use of up to 20 contiguous parking spaces during the five-week period. Access to and use of the remaining parking spaces within these Sections will not be affected. This phase shall not be concurrent with Phases 2, 3, or 4.

2. Phase 2 of construction will utilize Section C for a duration of 11 weeks for drilling for a soldier pile wall and related construction activities. SANDAG will have exclusive use of 18 contiguous parking spaces during the 11-week period. Access to and use of the remaining parking spaces in this Section will not be affected. This phase shall not be concurrent with Phases 1, 3, or 4.

9

3. Phase 3 of construction will utilize Sections A, B, and C for a duration of 24 weeks for restoration of a wall cap, construction of a ditch, installation of fencing and a concrete barrier for a soldier pile wall and related construction activities. SANDAG will have exclusive use of up to 20 contiguous parking spaces during the 24-week period. Access to and use of the remaining parking spaces in these Sections will not be affected. This phase shall not be concurrent with Phases 1, 2, or 4.

4. Phase 4 of construction will utilize Section D for a duration of eight weeks for restoration of a wall cap, construction of a ditch, installation of fencing and a concrete barrier for a soldier pile wall and related construction activities. SANDAG will have exclusive use of up to 18 contiguous parking spaces during the eight-week period. Access to and use of the remaining parking spaces in this Section will not be affected. This phase shall not be concurrent with Phases 1, 2, or 3.

5. Phase 5 of construction will utilize Section E for a duration of 42 months for construction of a soldier pile wall and related construction activities, along with truck and equipment access during construction of the Project. SANDAG will have exclusive use of this area during the 42-month period. Access to and use of the remaining parking spaces in this Section will not be affected. This phase will run concurrent with other phases.

6. Phase 6 of construction will utilize Section F for a duration of 42 months for truck and equipment access during construction of the Project. SANDAG’s use will be non-exclusive; the owner of the property, its tenants, and visitors will have shared access rights within Section F. In addition to this shared use, SANDAG will have exclusive use of up to four parking spaces at the northern end of the property during the 42-month period. Access to and use of the remaining parking spaces in this Section will not be affected. This phase shall be concurrent with other phases.

7. Phase 7 of construction will utilize Sections G, H, and I for a duration of three months for work on straddle bents and bent caps to set girders, and related construction activities. SANDAG will have exclusive use of up to 33 contiguous parking spaces during the three -month period. Access to and use of the remaining parking spaces in these Sections will not be affected except as noted in Phase 11 below. Through the three-month period, SANDAG’s use of the parking spaces shall be limited to no more than 21 days; on all remaining days during the three-month period, the property owner shall have the use of all parking spaces in these Sections (except as noted in Phase 11 below). This phase shall not be concurrent with Phases 8 or 9.

8. Phase 8 of construction will utilize Sections G, H, and I for a duration of three months for work on straddle bents and bent caps to set girders, and related construction activities. SANDAG will have exclusive use of up to 33 contiguous parking spaces during the three-month period. Access to and use of the remaining parking spaces will not be affected except as noted in Phase 11 below. Through the three -month period, SANDAG’s use of the parking spaces shall be limited to no more than 21 days; on all remaining days during the three-month period, the property owner shall have the use of all parking spaces in these Sections (except as noted in Phase 11 below). This Phase shall not be concurrent with Phases 7 or 9.

9. Phase 9 of construction will utilize Sections G, H, and I for a duration of three months for work on straddle bents and bent caps to set girders, and related construction activities. SANDAG will have exclusive use of up to 33 contiguous parking spaces during the three-month period. Access

10

to and use of the remaining parking spaces in these Sections will not be affected except as noted in Phase 11 below. Through the three-month period, SANDAG’s use of the parking spaces shall be limited to no more than 21 days; on all remaining days during the three-month period, the property owner shall have the use of all parking spaces in these Sections (except as noted in Phase 11 below). This phase shall not be concurrent with Phases 7 or 8.

10. Phase 10 of construction will utilize Section J for a duration of 30 months for construction of the Project. SANDAG will have exclusive use of the area during the 30-month period. No parking spaces or drive aisles will be affected. This phase shall be concurrent with other phases.

11. Phase 11 of construction will utilize portions of Sections G, H, and I for a duration of 42 months for access into construction areas for the Project. SANDAG shall have the right to maintain a 1,327-square-foot floating access point between Section F and the railroad right-of-way. The access point shall encompass a maximum of 6 contiguous parking spaces from within Sections G, H, and I, and SANDAG shall have the right to periodically relocate the access point upon providing the owner of the property with at least seven days’ written notice of its intent to do so. This phase shall be concurrent with other phases.

SECTION 4. Findings. Based upon the evidence presented at the hearing, SANDAG hereby finds and determines each of the following:

(a) The public interest and necessity require the proposed project;

(b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury;

(c) The property interests described in Exhibits "1” through “12", and as further described and limited in this resolution of necessity, are necessary for the proposed project; and

(d) The offer required by section 7267.2 of the California Government Code was made to the owner or owners of record, or the offer has not been made because the owner(s) cannot be located with reasonable diligence.

SECTION 5. Use Not Unreasonably Interfering with Existing Public Use(s). Some or all of the real property to be acquired may be subject to easements and rights-of-way appropriated to existing public uses. In the event the use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for SANDAG is authorized to acquire the real property subject to such existing public use(s) pursuant to Section 1240.510 of the California Code of Civil Procedure.

SECTION 6. More Necessary Public Use. Some or all of the real property to be acquired may be devoted to other public uses or easements and rights-of-way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, SANDAG finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for SANDAG is authorized to acquire the real property appropriated to such existing public use(s) pursuant to Section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the real property being acquired that it determines is reasonably necessary to mitigate any adverse impact upon the existing public use.

11

SECTION 7. Further Activities. Counsel for SANDAG is hereby authorized to file legal proceedings necessary to acquire the hereinabove described real property in the name of and on behalf of SANDAG by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such deposits as may be required by order of court, to permit SANDAG to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non-material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action or other proceedings or transaction required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired.

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.

12 EXHIBIT 1

13 EXHIBIT,,A" LEGAL DESCRIPTION

FEE ACQUISITION APN: 359-630-09-00 MCCTP PARCEL No: 40146-2

ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NUMBERLSO?T,IN THE CITY OF SAN DIEGO, COUNW OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE SAN DIEGO COUNW RECORDER, NOVEMBER L2, L987, AS INSTRUMENT NO. 87-635525, OF OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS:

BEGINNING ATTHE TRUE POINT OF BEGINNING BEING THE SOUTHWESTERLY CORNER OF SAID PARCEL 2, SAID POINT ALSO BEING AT THE BEGINNING OF A 2814.93 FOOT RADIUS CURVE CONCAVE TO THE EAST AND HAVING A BEGINNING RADIAL BEARING OF SOUTH 82" 44' 08" WEST FROM THE RADIUS POINT; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2 IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF SAID 28T4.93 FOOT RADIUS CURVE FOR A DISTANCE OF 764.59 FEET THROUGH A CENTRAL ANGLE OF 15" 33' 46" TO THE BEGINNING OF A TANGENT LINE; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID PARCEL 2 ALONG A BEARING OF NORTH 8" t7' 53n EAST FOR A DISTANCE OF 56.68 FEET; THENCE LEAVING THE WESTERLY L¡NE OF SAID PARCEL 2 ALONG A LINE HAVING A BEARING OF SOUTH 8T" 42' 07" EAST FOR A DISTANCE OF 3,95 FEET TO THE BEGINNING OF A 5997.43 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE EAST AND HAVING A BEGINNING RADIAL BEARING OF NORTH 81.'50'L6" WEST FROM THE RADIUS POINT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID 5997,43 FOOT RADIUS CURVE FOR A DISTANCE OF 229.32 FEET THROUGH A CENTRAL ANGLE OF 2" T1' 27" TO THE BEGINNING OF A NON-TANGENT LINE; THENCE SOUTH 84" 54' 59" EAST FOR A DISTANCE OF 4.34 FEET TO THE BEGINNING OF A 2784.40 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A BEGINNING RADIAL BEARING OF NORTH 84o 54'59" WEST FROM THE RADIUS POINT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID 2784.40 FOOT RADIUS CURVE FOR A DISTANCE OF 590.38 FEET THROUGH A CENTRAL ANGLE OT L2" 08' 55" TO THE BEGINNING OF A NON. TANGENT LINE; THENCE SOUTH B3'45' 22" WEST FOR A DISTANCE OF 5,34 FEET RETURNING TO THE TRUE POINT OF BEGINNING.

THIS DESCRIPTION CONTAINS 4,853 SQUARE FEET, MORE OR LESS.

THE BEARINGS AND DISTANCES USED IN THIS DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, PER R.O.S. L4492.

Page 1 of2

14 ATTACHED HERETO IS EXHIBIT "8,, AND BY THIS REFERENCE MADE A PART HEREOF" THIS LEGAL DESCRIPTION WAS PREPARED BV ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.

No. ô133 EXP.0313,1/l

ANDREW P. ZIEMNIAK - PLS 6133 DNÍE:O4-25-2017 LICENSE EXPIRATION: 3-31-2018

Page 2 of 2

15 I CURVE I LENGTH RADIUS A PAR. 2 I 764.5e' 2814.9J' 15'53'46" Ci -l Pltl 15027 c3 s90.38' 2784.40' 12'08'55" 359-630-09

LINE BEARINô q1¿ XIST WATER EASEMENT L4 s83'45'22"W I REC. 07 /03/1e78 q I AS INST. NO. 78-27825J, 0.R. I f¡J I AS SHOWN ON PM 150 27-*-. o_ I I 1 \

\ PAR. 1 I I t. PM 15027 lI- \ I J 359-630-08

I I \_ ï ( tl I i I '1 tl = I \ t 1 1

tl 1 T I I I \ 1 I \ ì I \ O 1 tt ci I o I \ o o- co SEWER EASEM E NT É tJJlJ) PER MAP 705 4 tl lrl JIJ I L l! \ I I T.P l \

I \

I -O o \ rÉa tJJ z MAP 7054 I \ PAR. 4 359-630-04 I \ \ \

LEGEND T.P.O.B. ÏRUI POINT OF BEGINNING TOTAL AREA = 4,853 SQUARE FEET NOTES 1) THE BAS|S OF BEARTNG FOR TH|S PLAT rS CCS83, ZONE 6, EPOCH 1991.55, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS ''GPS-207'' AND "GPS-251" BETNG N12'06'48"W, PER ROS 14492.

PRO.JEc SHEET 1 OF 2 PORTION OF PARCEL 2 OF PARCEL MAP 15027 SCALE: 1" = 80' JKAF ItsU: PS ROSE CANYON LLC TKKHI{ AB PARCEL NUMBER¡ ËNGlIHEäRIHr¡ SH 6676 RTNTIN ROAI) 40146-2 $rlrts 260 s¡AN DmGO. CL fJ212fl (860) õr4-oo?? tÒ 16 r CURVE LENGTH RADIUS A I I PAR. 2 c1 764.59' 281 4.93' 15'5J'46" Pt't 15027 c2 229.32', 5997.45' a211'27" I I I 359-630-09 c3 s90.38' 2784.40' t 2'08'55" I I I .LENGTH LINË I t I L1 , 56.68' : L2 3.95' I I f L3 4-34' I I tl I I S T WATER EA SEMENT tl REC 07 /03/1e7 B AS INST, NO 78-278253, o.R tl AS SHOWN ON PM 15027 tl Ø ,--- l lt

tl l/ I tl I

I tt PAR. 1 tl l I PM 15027 359- 630-08 tl l tl l tl I

APN 09 I WER EASEMENT PER MAP 7054 2. I / õ. I 4, /---*_r*r I r! /--_***l Þ, t

I

LEGEND T.P.O.B. TRUE POINT OF BEGINNING TOTAL AREA : 4,853 SQUARE FEET NOTES 1) THE BAS|S OF BEARTNG FOR TH|S PLAT tS CCS83, ZONE 6, EPOCH 1991.35, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS ''GPS-207'' AND "GPS-251" BETNG N12'06'48"W, PER RoS 14492. DtssuKtP'iloN: MID-COAST CORHIDOR TRANST FRo.JECT SHEET 2 OF 2 PORTION OF PARCEL 2 OF PARCEL MAP 15027 80' DWNER: 1" = PS ROSE CANYON LLC DOKKEN AB PAl{GEL NUMBER: ËilÉrrNHHnlÑGr AZ 6876 nI'FFIN ROAI) 40'146-2 stlu 260 sAN DIECO, CA s2t?;3 (868) 61,r-83?7 7 17 E II TT2

18 EXHIBIT "A" tEGAt DESCRIPTION

PERMANENT EASEMENT APN: 359-630-09-00 MCCTP PARCEL No: 40146.3

ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NUMBER 15027, IN THE CITY OF SAN DIEGO, COUNW OF SAN DIEGO, STATE OF CALIFORN¡A, AS FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, NOVEMBER L2, L987, AS INSTRUMENT NO. 87-635525, OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

AREA 1

COMMENCING ATTHE NORTHWEST CORNER OF PARCEL 2 PER SAID PARCEL MAP; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2 ALONG A BEARING OF SOUTH 33'36'07" EAST FOR A DISTANCE OF 22,14 FEET TO THE TRUE POINT OF BEGINNING 1; THENCE LEAVING THE WESTERLY LINE OF SAID PARCEL 2 ALONG A LINE HAVING A BEARING OF NORTH 6T'30, 20" EAST FOR A DISTANCE OF 31.62 FEET; THENCE SOUTH 28' 59' 43" EAST FOR A DISTANCE OF 43.16 FEET; THENCE SOUTH 60' 01' 41" WEST FOR A DISTANCE OF 28.08 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 2; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2 ALONG A BEARING OF NORTH 33' 36' 07" WEST FOR A DISTANCE OF 44,06 FEET RETURNING TO THE TRUE POINT OF BEGINNING 1.

AREA 2

COMMENCING ATTHE NORTHWEST CORNER OF PARCEL 2 PER SAID PARCEL MAP; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2 ALONG A BEARING OF SOUTH 33' 36' 07" EAST FOR A DISTANCE OT 27L.40 FEET TO THE BEGINNING OF A 11.96.28 FOOT RADIUS TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID PARCEL 2 IN A SOUTHEASTERLY DIRECTION ALONG THE ARC OF SAID 1196.28 FOOT RADIUS CURVE FOR A DISTANCE OF 868.96 FEET THROUGH A CENTRAL ANGLE OF 41" 37' 07" To THE TRUE POINT OF BEGINNING 2; THENCE LEAVING THE WESTERLY LINE OF SAID PARCEL 2 ALONG A LINE HAVING A BEARING OF SOUTH 81" 59,00" EAST FOR A DISTANCE OF 4.OO FEET TO THE BEGINNING OF A 1200.28 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE WEST AND HAVING A BEGINNING RADIAL BEARING OF SOUTH 81' 59' OO" EAST FROM THE RADIUS POINT; THENCE SOUTHERLY ALONG THE ARC OF SAID t2OO.28 FOOT RADIUS CURVE FOR A DISTANCE OF 5.89 FEET THROUGH A CENTRAL ANGLE OF O' 16' 53" TO THE BEGINNING OF A TANGENT LINE; THENCE SOUTH 8" L7' 53" WEST FOR A DISTANCE OF 156,66 FEET; THENCE SOUTH 8L" 42'07" EAST FOR A DISTANCE OF 12.00 FEET; THENCE SOUTH 8" L7'53" WEST FOR A DISTANCE OF 340,27 FEET TO THE BEGINNING OF A IOO.OO FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST AND HAVING A BEGINNING RADIAL BEARING OF NORTH 66" 57' 17" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID 100.00 FOOT RADIUS CURVE

FOR A DISTANCE OF 15.69 FEET THROUGH A CENTRAL ANGLE OF 8' 59' 13" TO A NON- '

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19 TANGENT LINE; THENCE NORTH 9L'. 42',07" WEST FOR A DISTANCE OF 13,21 FEET TO THE WEST LINE OF SAID PARCEL 2; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2 ALONG A BEARING OF NORTH 8" 17'53, EAST FOR A DISTANCE OF 512.36 FEETTO THE BEGINNING OF A 1196.28 FOOT RADIUS TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE CONTINUING NORTHERLY ALONG THE WESESTERLY LINE OF SAID PARCEL 2 ALONG THE ARC OF SAID 1196,28 FOOT RADIUS CURVE FOR A DISTANCE OF 5.87 FEET THROUGH A CENTRAL ANGLE OF O" 16'52" RETURNING TO THE ÎRUE POINT OF BEGINNING 2.

THIS DESCRIPTION CONTAINS 7,617 SQUARE FEET, MORE OR LESS.

THE BEARINGS AND DISTANCES USED IN THIS DESCRIPTION ARE BASED ON THE CALIFORNIA cooRDtNATE SYSTEM OF 1983, ZONE 6, PER R,O.S. 14492.

ATTACHED HERETO 15 EXHIBIT "8" AND BY THIS REFERENCE MADE A PART HEREOF.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.

No.6133 EXP.03/31/18

ANDREW P. ZIEMNIAK - PLS 8788 DNIE:4-25-20t7 LICENSE EXPI RATION: 32-31-2018

Page 2 of 2

20 UTILITY EASEMENT 'Bt REC. 10/19/1971 AS UÏILITY EASEMENT rNST, NO. 241564 0.R. REC. rc/14/1955 t10' 02 rN BK. 5850 3b9 PG. 194, O,R.

P

s33'36'0 EN SPACE EASEMENT \ 22 14 vù PER MAP 7054 AREA 1 T.P.O.B. V APN J59-650-09 973 INS N0. 7 3 0.R, 2. UTILITY ESMT REC. 04 974 AS INST. NO. 74' o.R MTS R/w 3. UTILITY ESMT REC. 976 AS INST. NO. 76- 0, \ 4, UTITITY ESMT REC. AS INST, NO. 87- 6 o,R. 5. UTILITY ESMT REC, 991 AS INST. NO. 91- 0.R 6, UTILITY ESMT REC, 1 AS INST, NO, 9 31 o.R

PAR. 2 PM 15027 359-630-09 \ PARCEL 3 PM 10324 EASEMTNT REC ,01 /os/1ese 559-01 0-42 IN BK. 7427 PG. 482, O.R.

LINE LENGTH BEARING L1 31.62' N6130'20"E 12 43.1ô' s28'59'4J"E L3 28.08' s60'01'41"W L4 44.06' N53'36'07"W

2 LEGEND TP:OE. TRUE POINT OF BEGINNING ?z P.O.C. POINT OF COMMENCEMENT TOTAL AREA = 7,617 SQ. FT. NOTES 33 THE BASIS BEARING FOR THIS PLAT IS CCS83, ZONE 6, 03/31 /18 1) OF eÞocH 1991.35, GRID BEARING BETWEEN CITY OF,'GPS-207'' SAN DIEGO rINST ORDER HbRIZONTAL CONTROL STATIONS AND ''GPS_251,, BEING N12'06'48''W, PER ROS 14492,

DESCRIPTION: MID-COÂST CORRIDOR TRANS.Ir PRO.JECT SHEET 1 OF 5 PORTION OF PARCEL 2 OF PARCEL MAP 15027 1" = 60' owNER: AB PS ROSE CANYON LLC I - DOKKE}T PARCEL NUMBER: TNBTNTER¡NB AZ 60?6 RlrtrtN RO I) 40r 46-J $I¡r4 260 sAN DtrCO. CL S2l2S (8õ8) õ14-83?7 04 5 201 21 MATCH LINE-1-- 1 \ AGE EASEMENT PER PM 15027 ,}ìir 3 PM 10324 359-01 0-42

\ \ TS PARCEL 2 PM 15027 \ PARCEL 2 359-630-09 PM r0524 \ 359-01 0-41 \ \ \ \ rnsr¡¡rur REC. 01/05/1e1e \ \ rN BK. 7427 PG. 482, 0.R. \ \ \ I \ \ PARCEL 1 \ PM 10324 359-01 0-40 \

SEWER EASEMENT \-- REC. O2/18/1e71 AS \r rNST. NO. 30524, O.R. \ \

LEGEND T.P.O.B. TRUE POINT OF BEGINNING F P.O.C. POINT OF COMMENCEMENT TOTAL AREA = 7,617 SQ, FT, NOTES 03/s1/18 1) THE BAS|S OF BEARTNG FOR TH|S PLAT rS CCS85, ZONE 6, EPOCH 1991.35, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS ''GPS_207'' AND ''GPS-251" BEING N.I2'06.48''W, PER ROS 14492, ttsÇKlP iloN: MID-COAST CORRIDOR TRANST PRO.JECT PORTION OF PARCEL 2 OF SHEET 2 OF 5 PARCEL MAP 15027 iUALL: 60' 9YTNLK: 1" = ]RAFTED: PS ROSE CANYON LLC DOKKE¡ü AB SHECKEDI PARCEL NUMEER: TNGIINEERINB A z 607õ ilnFlN nOrD 40146-J gunE aóo DAIE PRI.PATIL,D| sAN DnCO. CI gatg,g (8õ8) ö1¿-887? a4/25/2017 22 LINE SEE \-----:\ \\ \ \l \ \ ll c0 \ c't 1l R EASEM ENT i P ú REC. 01 /os/1 959 st tl I TSR IN BK. 7427 PARCEL 1 PG, 482, O.R il PM 10324 I 359-010-40 I r I I

I I SEWER EASEMENT î REC. 02/18/1971 AS ! WATER EASEMENÏ tNST. NO. 30524, 0,R. (, REC. 03/JO/1e8e o' I AS INST. NO. { 89-161907, O.R. I l I l l LINE TABLE I I l LINE LENCTH BEARING ,n L5 4.00' s81'59',00"E I /rr L6 156.66', s08'17'53"W Ito 110 512.36' N08'17'5J"8 I / s¡, N q, CUR\E TABLE I L CURVE LENGTH RADIUS A c1 5.89' 1,200.28' 00'16'55' I c5 5.87' 1.'196.28' o0'16'52" l l _"_*iå3ø,,* q I ï.P.0.8. 2 il # l l PARCEL 2 I II I PM 15027 L' il 359-650-09 LOT 3 l l MAP 9121 lt 359-01 o-38 I I AREA ll I l -(-__

LEGEND T.P.O.B. TRUE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT TOTAL AREA = 7,617 SQ. Fï.

l? NOTES 6, 03/31 /18 1) THE BASTS OF BEARTNG FOR TH|S PLAT tS CCS83, ZONE EPOCH 1991.35, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS ''GPS-207'' AND "GPS-251" BETNG N12'06'48"W, PER ROS 14492. )ESCRIPÏON: MID-COAST CORRIDOR' RANS]T PRo.JEc PORTION OF PARCEL 2 OF SHEET 3 OF 5 PARCEL MAP I5027 SCALE: owt\blt: 1" = 60' DRAF ILD: PS ROSE CANYON LLC DOKKEN AB CHECKED! PARCEL NUMBER: ENG'INIIE¡lINB AZ 6O?ö BT'FFIN NOAD t,t{Ll-,At{LU: 40146-3 SUTT' PõO JA lh. s¡ñ DIIGO. C eã23 (868) õ14-ô37? a4/25/2}fl 23 M TCH LINE 3 I LINE TABLE I LINE LENGTH BEARING l I L6 r56.66' s08'r 7'53"W l L7 12.00' s81'42'07"8 l I I L8 340.27' s0B'1 7'53"W I 110 512.36' N08r 7'53"E l 7l I L* LOï 5 MTS R MAP 9121 I r 359-01 0-38 l I I l \ \ ENT l R 989 SEWER EASEMENT LI A REC, 02/18/1971 AS l 89-161907, O.R. rNST. N0. 30524, O.R. l l \ l AREA 2 ) WER EASEM ENT REC. 01 /os/1 959 IN BK. 7427 PG. 482, O.R. I \ PAR. 2 PM 15027 359-630- 09 I

I SEWER EASEMENT I PER PM 7054 / I PAR. 1 I PM 15027 I J59-650-08 5 ---¿-* LEGEND T.P.O.B. TRUE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT TOTAL AREA = 7,617 SQ. FT. NOTES 33 03/31 /18 1) THE BAS|S 0F BEARTNG FOR TH|S PLAT rS CCS83, ZoNE 6, EPOCH 1991.35, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS ''GPS_207'' AND ''GPS_251,' BEING N12'06'48''W, PER ROS 14492, JE,sçKIF II9N: MID-COAST CORRIDOR TRANSIT PROJECT PORTION OF PARCEL 2 OF SHEET 4 OF 5 PARCEL MAP 15027 5UALE.: ]WNER: 1" = 60' I DRAFTEDi PS ROSE CANYON LLC I DOKKEN AB JA]

PARCEL 2 I PM 15027 /,itt 359-650-09 I I

LINE TABLE CUR\E TABLE LINE LENGTH BEARING CURVE LENGTH RADIUS A L8 340.27' s08r 7'55"W c2 1 5.69' 100.00' 08'59'15' L9 15.21' N81'42'07"W 110 51 2.36' NOSr 7'53"E

LEGEND T.P.O.B. TRUE POINT OF BEGINNING o P.O.C. POINT OF COMMENCEMENT TOTAL AREA = 7,617 SQ. FT, NOTES FOR THIS PLAT CCS85, ZONE 6, os/31 /18 1) THE BASIS OF BEARING IS eÞocn 1991.35, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS ''GPS-207'' AND ''GPS-251,, BEING N12'06'48''W, PER ROS 14492, DEsCRIPIlON: MID-COAST CORRIDOR ìANSIT FRO-JEC PORTION OF PARCEL 2 OF Ï SHEET 5 OF 5 PARCEL MAP 15027 SCALE: 1" 60' JTYNE K: = DRAFTEÐ: PS ROSE CANYON LLC DOKKETü AB CHECKED: PARCEL NUMtsER: THEINEENIXg AZ R¡rmrs norD õt?6 PREPARED: 401 46-3 $rnE 460 DATE sA¡I DInCO. CL 92L23 (6õ8) 614-83n 04/25/2O17 25 EXHIBIT 3

26 EXHIBIT,,A,, LEGAL DESCRIPTION

TEMPORARY CONSTRUCTION EASEMENT APN: 359-630-09-00 MCCTP PARCEL No:40146-1SEgf¡ON A

ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NUMBER 15027, IN THE CIW OF SAN DIEGO, COUNW OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE SAN DIEGO couNTY RECORDER, NOVEMBER L2,1987, AS INSTRUMENT N0. 87-635525, OF OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2 BEING AT A POINT OF INTERSECTION OF THE SOUTH LINE OF PARCEL 2 AND A 2814.93 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE NORTHWESTERLY ALONG THE WESTERLY PROPERTY LINE OF SAID PARCEL 2 BEING SAID 2814.93 FOOT RADIUS CURVE AND HAVING A BEGINNING RADIAL BEARING OF SOUTH 82. 44'08" WEST FROM THE RADIUS POINT; THENCE ALONG THE ARC OF SAID 2814.93 FOOT RADIUS CURVE IN A NORTHWESTERLY DIRECTION FOR A DISTANCE OF 23.76 FEET THROUGH A CENTRAL ANGLE OF O. 29, 01" TO A POINT ON A RADIAL LINE; THENCE LEAVING THE WESTERLY PROPERW LINE OF PARCEL 2 ALONG SAID RADIAL LINE HAVING A BEARING OF NORTH 83' 13' 09" EAST FOR A DISTANCE OF 18,37 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 5'26' 43" WEST FOR A DISTANCE OF 185.13 FEET; THENCE NORTH 3o 05' 36" WEST FOR A DISTANCE OF 5.24 FEET; THENCE NORTH 86' 56' 55" EAST FOR A DISTANCE OF 22.00 FEET; THENCE SOUTH 3' 05' 36" EAST FOR A DISTANCE OF 4,78 FEET; THENCE SOUTH 5" 26' 43" EAST FOR A DISTANCE OF 175.05 FEET; THENCE SOUTH L!" 20'37" WEST FOR A DISTANCE OF 11.31 FEET; THENCE SOUTH 88" 13' 50" WEST FOR A DISTANCE OF 18.77 FEET RETURNING TO THE TRUE POINT OF BEGINNING.

THIS DESCRIPTION CONTAINS 4,176 SqUARE FEET, MORE OR LESS.

THE BEARINGS AND DISTANCES USED IN THIS DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, PER R.O.S. L4492,

Page I of2

27 ,,8" ATTACHED HERETO IS EXHIBIT AND BY THIS REFERENCE MADE A PART HEREOF THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.

No.6133 EXP.03/31/18

4l , - u'"{ ANDREW P. ZIEMNIAK - PLs 6133 DATE:04-25-2017 LICENSE EXPIRATION: 3-31'2018

Page2ot2

28 LINE TABLE I LINE LENGTH BEARING L'l 185,15' N05'26'43"W SEWER EASEMENI WATER EASEMENT L2 5,24' N03þ5'56"W PER PM 7054 TO CITY OF SAN DIEGO L5 22.00' N86'56'55"E \ REC. 07/03/78 AS L4 4.78' s03'05'36"E rNST. N0. 78-278253, L5 175.05' s05'26'43"E \ O,R. AS SHOWN ON I L6 1 1.51 ' s11'20'37"W PM 15027 L7 1A.77' s8E13'50"W \_ ( TABLE ÏIE \\ TIE LENGTH BEARING \ T1 18.57' N8J'15'09"E \\ t' \ \ APN J59-630*09 PARCEL 2 r \ PM 15027 L5 \ 559-630-09 I \ IN \ 2. LITY ESM 4 \ r S INST. NO. 4- \ J. UTILITY ESMT REC. AS INST. NO. 76_ 0 R MTS R/W I I 4, UTILITY ESMT REC. 1 987 PARCET 1 \ AS INSÏ. NO. 87-ô 0.R, I \ PM 15027 5. UTILITY ESMT REC. 991 J59- 630-08 \ AS INSÏ. NO. o.R. \ 6. UTILITY ESMT 11 994 \ AS INST, NO, 0.R. I \ T.P.O.B I \ l=23.76' A=00'29'01 " R=2,814,95'

CITY OF SAN DIE P.O.C. PER DOC. REC \ 05/26/1967, F\LE/PG. N0. 75606, rN SERTES L \ K. 1967, O.R \

SEWER IASEMENT REC. 04/28/1e60 \ AS FILE NO. LOT 4 88486, O.R, \ MAP 7054 559-650-04 \ \ LEGEND T.P.O.B. TRUE POINT OF BEGINNING P:O.C. POINT OF COMMENCEMENT TOTAL AREA = 4,176 SQ. FT.

33 NOTES ZONE 6, 03/31/18 1) THE BASIS OF BEARING FOR THIS PLAT IS CCSB5, EÞOCH 1991.35, GRID BEARING BETWEEN CITY OT. SAN DIEGO rrnsi on-oÈn HbRlzorurAl coNTRoL STATIoNS "GPS-207" AND ''GPS_251., BEING N12'06,48''W, PER ROS 14492.

DESCRIPÏON TII-ID-COAST CORRIDOR PROJECT SHEET 1 OF 1 PORTION OF PARCEL 2 OF PARCEL MAP 15027 SCALE: 1" = 60' OWNER: DRAFTED: AB PS ROSE CANYON LLC DOKKEN CHECKED: PAI{CEL NUMtsL.R: ENBINETRTNË AZ 40146-1 6676 nurrlN nO D DATE PREPARED: 260 SECTION A sults (Eõ8) o4/25/2O17 g^t{ DTEGO. CL 92125 29 õ1¿-8377 E It TT4

30 EXHIBIT,,A" LEGAL DESCRIPTION

TEMPORARY CONSTRUCTION EASEMENT APN: 359-630-09-00 MCCTP PARCEL No: 40146-1 SECÍION B

ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NUMBER 1.5027, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE SAN DIEGO COUNW RECORDER, NOVEMBER 12, L987, AS INSTRUMENT NO. 87-635525, OF OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS:

COMMENCING ATTHE SOUTHWEST CORNER OF SAID PARCEL 2 BEING AT A POINT OF INTERSECTION OF THE SOUTH LINE OF PARCEL 2 AND A 2814.93 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE NORTHWESTERLY ALONG THE WESTERLY PROPERTY LINE OF SAID PARCEL 2 BEING SAID 28]"4.93 FOOT RADIUS CURVE AND HAVING A BEGINNING RADIAL BEARING OF SOUTH 82" 44'08" WEST FROM THE RADIUS POINT;THENCE ALONG THE ARC OF SA]D 2814,93 FOOT RADIUS CURVE IN A NORTHWESTERLY DIRECTION FOR A DISTANCE OF 205.88 FEETTHROUGH A CENTRAL ANGLE OF 4" LL, 26" TO A POINT ON A RADIAL LINE; THENCE LEAVING THE WESTERLY PROPERTY LINE OF PARCEL 2 ALONG SAID RADIAL LINE HAVING A BEARING OF NORTH 86' 55, 34" EAST FOR A DISTANCE OF 16.73 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 5" 26' 43" WEST FOR A DISTANCE OF 4.I7 FEET; THENCE NORTH 3" 05' 36" WEST FOR A DISTANCE OF 17L.82 FEET; THENCE NORTH O" 45' 37" EAST FOR A DISTANCE OF 3.60 FEET; THENCE NORTH 87" 54' 21" EAST FOR A DISTANCE OF 22.03 FEET ; THENCE SOUTH O" 45' 37" WEST FOR A DISTANCE OF 3.96 FEET; THENCE SOUTH 3" 05' 36" EAST FOR A DISTANCE OF 170.63 FEET; THENCE SOUTH 5' 26' 43" EAST FOR A DISTANCE OF 4.91 FEET; THENCE SOUTH 87" 40' 26" WEST FOR A DISTANCE OF 22.03 FEET RETURNING TO THE TRUE POINT OF BEG¡NNING.

THIS DESCRIPTION CONTAINS 3,951SQUARE FEET, MORE OR LESS,

THE BEARINGS AND DISTANCES USED IN THIS DESCRIPTION ARE BASED ON THE CALIFORNIA cooRDtNATE SYSTEM OF 1983, ZONE 6, PER R.O.S. 1,4492.

Page t ol 2

31 ATTACHED HERETO IS EXHIBIT "8" AND BY THIS REFERENCE MADE A PART HEREOF THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.

61 33 03/31

DREW P. ZIEMNIAK - PLS 6133 DATE:04-25-2017 LICENSE EXPIRATION: 3-31-2018

Page? of 2

32 LINE : [ËNG'TH BEARING L1 4.17' N05'26'43"W WATER EASEMENT L2 171.82', N05'O5'56"W TO CITY OF SAN DIEGO L6 170.65' s03'05'56"E REC. 07 /03/78 AS 17 4.91' s05'26'43"E tNST. NO, 78-278253, O.R. AS SHOWN ON L7 PM 15027 \-vr i TIE LENGTH BEARING ,-1 I T1 16,73' N86:55'34"E q.0. t- I¡ lt t\ \ t' \\ PARCEL \ ï I PM 15027 \\ 359-630-09 I I \ \\ r \ I os \\ MTS R I \ l\) \\ o) PARCEL 1 l PM 15027 \\ Ð I 359-630-08 ll Ì.r \\ @ ¡ .I WER EASEMENT ¡(o PER PM 7054 (r-

I

CITY OF SAN DIEG P.O.C. PER DOC. REC. 1 a5/26/1e67, F\LE/PG. NO. 75606, rN SERTIS 8. I . 1967, O.R. I

SEWER EASEMEN REC. 04/28/1960 \ AS FILE NO. ,\ LOT 4 88486, O.R" MAP 7054 359-630-04 \ \

TRUE POINT OF BEGINNING O.C. POINT OF COMMENCEMENT TOTAL AREA = 3,951 SQ. FT. NOTES 1) THE BASIS OF BEARING FOR THIS PLAT IS CCS83, ZONE 6, EÞocH i991.55, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS ''GPS_207'' AND ''GPS_251,, BEING Nl2'06'48"W, PER ROS 14492,

DESCruPION MID-COAST CORHIDOR THANS] PNo.JECT SHEET 1 OF 2 PORTION OF PARCEL 2 OF PARCEL MAP 15027 SCALL: 1" : 60' OWI{ER: n DRAFIED: PS ROSE CANYON LLC I DOKKHN AB PAI

/1

l1 l1 l1

ATCH LINE SEE SHEET 1

! TRUE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENÏ ù TOTAL AREA = 3,951 SQ. FT. J s NOTES t FOR THIS PLAT IS ZONE 6, ( ¡ 1) THE BASIS OF BEARING CCS83, EÞocH 1991.35, GRID BEARING BETWEEN CITY OF,'GPS-207'' SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS I AND "GPS-251" BEING N12'06'48"W, PER ROS 14492.

]ESCRIPTION: SHEET 2 OF 2 PORTION OF PARCEL 2 OF PARCEL.MAP 15027 1" 60' JIryNLR: = PS ROSE CANYON LLC D KKHN AB PAIICEL NUMBER! EHHIHFHRINH AZ RUI'tr'IN 401 46- 1 66?6 ROII} ST'IIB 2õ0 )ATE' PRIPAÍ(TÍJ: SECTION B 614-4371 04/A5/2017 34 EXHIBIT 5

35 EXHIBIT,,A,, LEGAT DESCRIPTION

TEMPORARY CONSTRUCTION EASEMENT APN:359-630-09-00 MCCTP PARCET No:40146-I SECT|ON C

ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NUMBER 15027, IN THE CIW OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFIC.E OF THE SAN DIEGO COUNTY RECORDER, NOVEMBER T2,L987, AS INSTRUMENT NO. 87-635525, OF OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS:

COMMENCING ATTHE SOUTHWESTCORNER OF SAID PARCEL 2 BEING ATA POINT OF INTERSECTION OF THE SOUTH LINE OF PARCEL 2 AND A 2814.93 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE NORTHWESTERLY ALONG THE WESTERLY PROPERTY LINE OF SAID PARCEL 2 BEING SAID 2814.93 FOOT RADIUS CURVE AND HAVING A BEGINNING RADIAL BEARING OF SOUTH 82" 44' 08" WEST FROM THE RADIUS POINT; THENCE ALONG THE ARC OF SAID 2814.93 FOOT RADIUS CURVE IN A NORTHWESTERLY DIRECTION FOR A DISTANCE OF 378.39 FEETTHROUGH A CENTRAL ANGLE OF7" 42'06" TO A POINT ON A RADIAL LINE; THENCE LEAVING THE WESTERLY PROPERTY LINE OF PARCEL 2 ALONG SAID RADIAL LINE HAVING A BEARING OF SOUTH 89" 33' 46" EAST FOR A DISTANCE OF TI.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 3" 05' 36" WEST FOR A DISTANCE OF 4.28 FEET; THENCE NORTH O" 45' 37" EAST FOR A DISTANCE AT M9,47 FEETTO A POINT ON A 2784.40 FOOT RADIUS NON.TANGENT CURVE CONCAVE TO THE EAST AND HAVING A BEGINNING RADIAL BEARING OF NORTH 86" 07' 42" WEST FROM THE RADIUS POINT; THENCE ALONG THE ARC OF SAID2784.40 FOOT RADIUS NON-TANGENT CURVE IN A NORTHWESTERLY DIRECTION FOR A DISTANCE OF t7.27 TEET THROUGH A CENTRAL ANGLE OF O' 2].' 19" TO A NON- TANGENT LINE; THENCE SOUTH 88' 33' 30" EAST FOR A DISTANCE OF 2L.32 FEET; THENCE SOUTH 4" 31' 48" WEST FOR A DISTANCE OF 4.65 FEET; THENCE SOUTH O' 45' 37" WEST FOR A DISTANCE OF 161,07 FEET; THENCE SOUTH 3" 05' 36" EAST FOR A DISTANCE OF 4.12 FEET; THENCE SOUTH 88" 25' 30,' WEST FOR A DISTANCE AT 22.07 FEET RETURNING TO THE TRUE POINT OF BEGINN¡NG.

THIS DESCRIPTION CONTAINS 3,742 SQUARE FEET, MORE OR LESS

THE BEARINGS AND DISTANCES USED IN THIS DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, PER R.O.S. T4492.

ATTACHED HERETO IS EXHIBIT "8" AND BY THIS REFERENCE MADE A PART HEREOF,

Page I of 2

36 THIS LEGAL DESCRIPT]ON WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL TAND SURVEYORS ACT.

No.6133 EXP.03/31/1 ffi',{ n'(#o,# ANDREW P. ZIEMNIAK - PLS 6133 DATE: O4-25-2017 LICENSE EXPIRATION: 3-3L-20L8

Page 2 of 2

37 WATER EASEMENT / TO CITY OF SAN D|EGO REC. A7 /03/78 AS I INST, N0. 78*278253, r O.R. AS SHOWN ON (¡ I PM 15427 \'l \ Y (, (\ (o L \t PARCEL I , PM 15427 \ \F- 359-630-09 I f \\ r \ I \\rì o { I \ + \\ N) \ \ \\ MTS R/W I PARCEL 1 \\ I PM 15427 t0 \\ ll 359-630*08 !., \ @ t\ ¡(o EWER EASEMEÑT (rl PER PM 7054 I \\ I

CITY OF SAN DIEG P PER DOC. REC. 05 FtLElPG. NO. SERIES 8 o.R.

SE E \ LOT 4 88486, O.R. \ MAP 7054 359-650*04 \ \

LEGEND T.P.O.B. TRUE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT TOTAL AREA = 3,742 SQ. FÏ. NOTES bt FOR THIS PLAT IS CCS83, ZONE 6, ExP. o3/s1/1E 1) THE BASIS OF BEARING EÞOCH 1991.35, GRID BEARING BETWEEN CITY OF SAN DIEGO nnsÍ on-orn HbRlzonrnL coNTRoL srATloNS "GPS-207" AND ''GPS_251,, BEING N12'06'48''W, PER ROS 14492,

DESCRIPÏON: TIID-'eOAST CORRIDOR TRANSÍT PROJEC SHEET I OF 2 PORTION OF PARCEL 2 OF PARCET MAP 15027 SCALE: 1" = 60' OItllllER: AB PS ROSE CANYON tLC DOKKEN PAÍiCEL NUMBEÍi: .ENþINTTR, INB A7 RT nOÆ) 401 46- 1 õ6?6 FFIN SECTION C flt¡rE 260 17 s N DTEGO. c¡, 92128 (868) 61.r-æ77 04 38 : LINE LENGTH BEARING / LI 4.28' NO3'05'36"W L2 149.47', N00'45'37"8 ¡ L3 21.32 s88'33'30"8 I L4 1,0s:- s04'51148iW._** t5 161.07' s00'45'37"W L6 4.12' s03'05'3ô"E ATER EASEMENT PARCEL TO CITY OF SAN L7 22.O1 ss8'25'30"W PM 15027 tllt 359-630-09 DIEGO REC. li I 07 /03/78 AS lNSr. CURVE RADIUS À Nci. 7á-278253, o.R. c1 17 -27' 2.784.40' oo'21'1 9" l/ I AS SHOWN ON I PM 15027 ABLE TE' t/ I l, TIE ¡ LENGTH BEARIÑG T1 l 11.21' s89'33'46"E SEWER EASEMENT PER PM 7054 $3-{gI 'rf TSR /l I 2' ll I 5. INST t+ _L 4. I 5. / ï *.pl--4iË 6. r INSl, I

l

I

CITY OF SAN DIEGO PER DOC. REC, 05/26/1967, FtLt/PG. t/ PARCEL 1 NO. 75606, tN SERTES 8. PM 15027 BK. 1967, O.R. Ã r- { 359-630-08 lt il 1 N (/,¡ i1 @ \¡ P(, I (o l1

/ \

I \

MA LIN SH 1 LEGENP T.P.O.B. TRUE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT TOTAL AREA = 3,742 SQ. FÏ. NOTES o.6133 THts zoNE 6, txP. 03/3118 il tltr BAsrs oF BEARTNc FoR PLAT ts ccsg3, rþocn- iggi.¡s, cRtD BEARTNG BETwEEN ctrY Qr sAN DIEGo rrnsÍ oRDÉR HbRtzorur¡L coNTRoL srAïoNS "GPS-207" AND ''GPS_251" BEING Nl2'06,48''W, PER ROS 14492, )ESCRIPÏON: CORRIDOR TAANSff PNOJEq SHEET 2 OF 2 PORTION OF PARCEL 2 OF PARCEL MAP 15027 SCALE: 1" = 60' SWNER: JÍiAI ILIJ: AB PS ROSE CANYON LLC DÛKKH}ü CHECKED: PARCEL NUMBER: ENtnINEHrrIN6 AZ 40146-1 õ6?õ RUFATN ROÁI) )AÏE PREPARED: SECTION C SUilE ?õO SAN DIEGO. CA 92T2,5 (8õB) 614-837? 04/25/2O17 39 EXHIBIT 6

40 EXHIBIT "A" LEGAL DESCRIPTION

TEM PORARY CONSTRUCTION EASEMENT APN: 359-630-09-00 MCCTP PARCET No:40146-1 SECTION D

ALL THAT PORTTON OF PARCEL 2 OF PARCEL MAP NUMBER L5027 , tN THE C|TY OF SAN DTEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, NOVEMBER T2, L987, AS INSTRUMENT NO. 87-635525, OF OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2 EEING AT A POINT OF INTERSECTION OF THE SOUTH LINE OF PARCEL 2 AND A 28T4,93 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE NORTHWESTERLY ALONG THE WESTERLY PROPERTY LINE OF SAID PARCEL 2 BEING SAID 2814,93 FOOT RADIUS CURVE HAVING A BEGINNING RADIAL BEARING OF SOUTH 82" 44'08" WEST FROM THE RADIUS POINT; THENCE ALONG THE ARC OF SAID 2814.93 FOOT RADIUS CURVE IN A NORTHWESTERLY DIRECTION FOR A DISTANCE OF 540.63 FEET THROUGH A CENTRAL ANGLE OF 11." OO' ].5" TO A POINT ON A RADIAL LINE; THENCE LEAVING THE WESTERtY PROPERW LINE OF PARCEL 2 ALONG SAID RADIAL LINE HAVING A BEARING OF SOUTH 86' 15' 37" EAST FOR A DISTANCE OF 7.65 FEET TO A POINT ON A2,784,40 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE EAST AND HAVING A BEGINNING RADIAL BEARING OF NORTH 85" 57'50" WEST FROM THE RADIUS POINT, SAID POINTALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE ARc OF SAID 2784.40 FOOT RADIUS NON.TANGENT CURVE IN A NORTHEASTERLY DIRECTION FOR A DISTANCE OF 50.89 FEET THROUGH A CENTRAL ANGLE OF 1" 02' 50" TO THE BEGINNING OF A NON-TANGENT LINE; THENCE NORTH 4o t8' 78" EAST'FOR A DISTANCE OF 112.67 FEET; THENCE SOUTH 82'57' 07" EAST FOR A DISTANCE OF 21.66 FEET; THENCE NORTH 0" 03' 53" EAST FOR A DISTANCE OF 92.74 FEET TO THE BEGINNING OF A 1OO.OO FOOT RADIUS TANGENT CURVE CONCAVE TO THE EAST; THENCE ALONG THE ARC OF SAID 100.00 FOOT RADIUS CURVE IN A NORTHEASTERLY DIRECTION FOR A DISTANCE OF 24.42 TEETTHROUGH A CENTRAL ANGLE OF 13" 59' 36" TO THE POINT OF BEGINNING OF A NON-TANGENT LINE; THENCE SOUTH 8I" 42'07" EAST FOR A DISTANCE OF 7.11 FEET; THENCE SOUTH 0" 03' 53" WEST FOR A DISTANCE OF 116.29 FEET; THENCE SOUTH 25" 42' 12" WEST FOR A DISTANCE OF 27.69 FEET; THENCE SOUTH 4" 3t' 48" WEST FOR A DISTANCE Ot 13t.42 FEET; THENCE SOUTH 0" 45' 37" WEST FOR A DISTANCE OF 4.25 FEET; THENCE NORTH 89" 30'45" WEST FOR A DISTANCE OT 27,56 FEET RETURNING TO THE TRUE POINT OF BEGINNING.

THIS DESCRIPTION CONTAINS 4,742 SQUARE FEET, MORE OR LESS

THE BEARINGS AND DISTANCES USED IN THIS DESCRIPTION ARE BASED ON THE CALIFORNIA

Page 1 of 2

41 COORDINATE SYSTEM OF 1983, ZONE 6, PER R.O.s. L4492, ,

ATTACHED HERETO IS EXHIBIT "8" AND BY THIS REFERENCE MADE A PART HEREOF. TH]S LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.

No. 6133 03t31

P. ZIEM PLS 6L33 DATE:04-25-2017 LICENSE EXPIRATION: 3-31-2018

t:

Page 2 of 2

42 2_____ t WATER EASEMENT t I TO CITY OF SAN DIEGO I REC. 07 /03/78 AS I I INST. NO. 78-278253, r O.R. AS SHOWN ON ll I \ PM 15027 I -\ï"r/.Y I L, a\ \t PARCEL \ \Þ PM 15027 I \\ t' 359-6J0-09 \ \ \ I I r \ \ I ì \ \ \ \ I \ \ TSR I \ \ PARCEL 1 \ l \ PM 15027 7 \ \ ll 359*630-08 l.r r \ co \ \ + (o TWER EASEMEÑT \ (rl PER PM 7054 \t \ \t I

CITY OF SAN DIEG P.O. PER DOC. REC \ 05/26/1 967, Fl Lr/Pc. NO. 7560 6, I NSERIES 8. \ 196 7, O.R" \

SEWER EASEM ENT REC. 04/28/1 960 AS FILE NO. LOT 4 88486, O.R. \ MAP 7054 359-630-04 \ \

LEGEND T.poE. TRUE PotNT oF BEctNNtNc P,O.C. POINT OF COMMENCEMENT TOTAL AREA : 4,742 SQ. FT. NOTES 6, ExP. os/31/18 1) THE BASIS OF BEARING FOR THIS PLAT IS CCS83, ZONE EPOCH 1991.35, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS ''GPS-207" AND ''GPS_251,, BEING N'I2'06'48''W, PER ROS 14492.

h,llD-cOÀST coRRlDoR TnANSlf PROJEOT SHEET 1 OF 5 PORTION OF PARCEL 2 OF PARCEL MAP 15027 1" = 60'

PS ROSE CANYON LLC NOKKEN AB PARCEL NUMBER: ËHËIIHFTNIilB AZ 5676 ROAÐ 401 46-1 nurnN ,lÀ lL t t

CUR\1E TABLE CURVE LENGTH RADIUS A l/l c1 50.89' 2.7A4.40' 01 'o2'50" l/l ÏE TABLE TIE LENGTH BEARING t/l 7.65' s86T 5'37"E

i

\to +-t I lr, lt J 1l y-ï

1r) \ WAIER EASEMENT o /\ TO CITY OF SAN I r DIEGO REC. 07 /03/78 AS |NST, CITY OF SAN DIEGO ¿ \ NO. 78-278253, O.R. PER DOC. REC. --\" 1/ AS SHOWN ON \ PM 15027 05/26/1967, F\LE/PG. 1/ NO. 75606, IN SERIES 8. l BK. 1967, O,R. 'rO o' .f \ EASEMENT @ ñ \ PER PM 7054 I E \

I

LEGEND ï.P.O.8. TRUE POINT OF BEGINNING POINT OF COMMENCEMENT ù P.O.C. TOTAL AREA = 4,742 SQ. FT. s NOTES PLAT ZONE 6, '( ¡ ExP. 03/31/1E 1) THE BASts oF BEARTNG FoR rHrs ts ccs83, EPOCH 1991.35, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONIROL STATIONS ''GPS_207,' I AND "Gps-2s1" BETNG N12'06'48"w, pER Ros 14492. )ESCRIPÏON: MID-COAST CORRIDOR TRANSTT PROJEC SHEET OF 3 PORTION OF PARCEL 2 OF 2 PARCEL MAP 15027 1" 60' ]WNER: =

PS ROSE CANYON LLC DOKKHN AB

PARÜEL NUMBER: TNËINHHIIINGl 'I-IECKED:AZ RI.IFTD{ 401 46-1 f'O?6 noAD )ATE PREPARED: SECTION D $Ilm 460 sAN DIEGO. Ct 92123 (868) õ14-8377 04/25/2O17 44 LINE LENGTH BEARING \ L1 112.87' NO4'18'18"E \ L2 21.66' s82'57'07"E tE¡sEMENT L3 92.7{', N00'03'53"E LOT 3 wrR L4 7.11' s81'42'07"E MAP 9121 RE c. 01/o5/5e rN L5 116.29' s00'03'53"w 359-01 0-38 BK . 7427, PG. 482 L6 27.A5: s25'42'12"W 0.R WER EASEMENT CURV l Rtc. 02/18/71 \\ CURVE I LENGTH RADIUS I ) AS INST. NO. c2 ,l 24.12' 100.oo' ^ 2 \\ 30524, .O.R, PARCEL I P¡,¡i 15027 \\ l 359-630-09 I WATER EASEMENT TO CITY OF SAN CITY DI I REC. OF SAN DIEGO PER DOC. Rç-c. 05/26/ts6t, I l a7 /03/78 AS |NST. nLE/PG, NO. 7s606, o. 78-278253, O.R. IN SERIES B, BK. 1967, O.R. I AS SHOWN ON I It I PM 15027 SEWER EASEMEN EASEMENT 20'SEWER PER PM 7054 I REC. 01 /05/1959, AS DOC. NO. 1148 rN 7427, PG. 482, O.R, I BK. I I

I I I I I

973 I I o.R. I I I MTS R LI 3. I ll f- L 4, ll I $. ll þ, I PARCEL 1 tl PM 15027 ll l 359-6J0-08 _t___l_ LEGEND T.P.O.B. TRUE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT TOTAL AREA : 4,742 SQ, FT. NOTES 1) THE BASIS OF BEARTNG rOR TH|S PLAT tS CCS83, ZONE 6, EPOCH 1991.35, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HOR¡ZONTAL CONTROL STATIONS "GPS_207'' AND "GPS-251" BEING N12'06'48"W, PER ROS 14492. .CORHIDOR MtD-COAS ÏAA {SIT FRO.JECT SHEET OF 3 PORTION OF PARCEL 2 OF 3 PARCEL MAP 15027 1" = 60'

PS ROSE CANYON LLC þOKKHN AB OHECKED: PAÌ(L;È,L NUMBb.I{| HITHINHäfTIHË AZ 6O?6 RINTIN BOAD 40146-1 )A PtlL.PAtltsD:. SECTION D stt¡tE 2óo lL s N DIEGO- CA e2123 (868) 614-Ba?? 04/25/2O17 45 E II TT7

46 EXHIBIT "A" LEGAL DESCRIPTION

TEMPORARY CONSTRUCT¡ON EASEM ENT APN: 359-630-09-00 MCCTP PARCET No:40146-I SECTION E

ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NUMBER 15027, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, NOVEMBER T2, T987, AS INSTRUMENT NO. 87-635525, OF OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS:

BEGINNING AT THE TRUE POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF SAID PARCEL 2 BEING AT A POINT OF INTERSECTION OF THE SOUTH LINE OF PARCEL 2 AND THE WEST LINE BEING A 2814.93 FooT RADIUS CURVE CONCAVE TO THE EAST; THENCE NORTHWESTERLY ALONG THE WESTERLY PROPERTY LINE OF SAID PARCEL 2 BEING SAID 28].4.93 FOOT RADIUS CURVE AND HAVING A BEGINNING RADIAL BEARING OF SOUTH 82' 44' 08" WEST FROM THE RADIUS POINT; THENCE ALONG THE ARC OF SAID 2814.93 FOOT RADIUS CURVE IN A NORTHWESTERLY DIRECTION FOR A DISTANCE OF 764.59 FEET THROUGH A CENTRAL ANGLE OF 1.5" 33' 46" TO THE BEGINNING OF A TANGENT LINE; THENCE CONTINUING ALONG THE WEST LINE OF SAID PARCEL 2 ALONG A BEARING OF NORTH 8" 17' 53" EAST FOR A DISTANCE OF 569.04 FEET TO THE POINT OF TANGENCY OF A 1.1.96.28 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE ALONG THE ARC OF SAID 1196.28 FOOT RADIUS CURVE IN A NORTHEAST DIRECTION FOR A DISTANCE OF 5,87 FEET THROUGH A CENTRAL ANGLE OF 0" 16' 53" TO THE BEGINNING OF A RADIAL LINE; THENCE SOUTH 81" 59' OO" EAST ALONG THE RADIAL LINE FOR A DISTANCE OF 4.OO FEET TO A POINT ON A 1200.28 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST AND HAVING A BEGINNING RADIAL BEARING OF SOUTH 81" 59'00" EAST FROM THE RADIUS POINT; THENCE SOUTHWESTERLY ,ALONG THE ARC OF SAID T2OO,28 FOOT RADIUS CURVE FOR A DISTANCE OF 5.89 FEET THROUGH A CENTRAL ANGLE OF 0' 1"6' 53" TO THE BEGINNING OF A TANGENT LINE; THENCE SOUTH 8" t7' 53" WEST FOR A DISTANCE OF 98.65 FEET; THENCE SOUTH 8I' 42'07" EAST FOR A DISTANCE OF 20.36 FEET; THENCE SOUTH 8" 52' 18" WEST FOR A DISTANCE OF 15.96 FEET; THENCE NORTH BL" 42'07" WEST FOR A DISTANCE OF 20.20 FEET; THENCE SOUTH 8" !7' 53" WEST FOR A DISTANCE OF 42.05 FEET; THENCE SOUTH 8L" 42' 07" EAST FOR A DISTANCE OF 19,78 FEET; THENCE SOUTH 8" 52' 78" WEST FOR A DISTANCE OF 8.99 FEET TO THE BEGINNING OF A 156.00 FOOT RADIUS TANGENT CURVE CONCAVE TO THE EAST; THENCE SOUTHEASTERLY ALONG.THE ARC OF SAID 156.00 FOOT RADIUS TANGENT CURVE FOR A DISTANCE OF 4L.28 FEET THROUGH A CENTRAL ANGLE OF 1.5' 09' 45" TO THE BEGINNING OF A NON-TANGENT LINE; THENCE SOUTH 7' 57' 2L' WEST FOR A DISTANCE OF 259.30 FEET TO THE BEGINNING OF A 1OO.OO FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A BEGINNING RADIAL BEARING OF NORTH 47" 14' 23" WEST FROM THE RADIUS PoINT; THENCE SOUTHWESTERLY ALONG THE ARC oF SAID 100.00 FOOT RADIUS CURVE FOR A DISTANCE OF 74.52FEET THROUGH A CENTRAL ANGLE OT 42" 4!' 44" TO THE

Page I of 2

47 BEGINNING OF A TANGENT LINE; THENCE SOUTH 0" 03' 53" WEST FOR A DISTANCE OF 92;4 FEET; THENCE NORTH 82" 57'07" WEST FoR A DlsrANcE oF 21.66 FEET; THENCE sourH 4" ].8' ].8" WEST FOR A DISTANCE OF T12.67 FEET TO THE BEGINNING OF A2784.40 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE EAST AND HAVING A BEGINNING RADIAL BEARING OF NORTH 84" 54'59" WEST FROM THE RADIUS POINT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID 2784,40 FOOT RADIUS CURVE FOR A DISTANCE OF 58.89 FEET THROUGH A CENTRAL ANGLE OI1" 72' 43'' TO THE BEGINNING OF A NON-TANGENT LINE; THENCE sourH o" 45' 37" wEsr FoR A DlsrANcE ot t49.47 FEET; THENCE sourH 3" 05'36" EAsr FoR A DlsrANcE ot 177.82 FEET; THENCE sourH 5" 26' 43" EAST FoR A DtsrANcE oF 185.13 FEET THENCE NORTH 88' L3' 50" EAST FOR A DISTANCE OF 78.77 FEET; THENCE SOUTH T1" 20' 37" WEST FOR A DISTANCE OF 23.60 FEET TO THE SOUTH LINE OF SAID PARCEL 2; THENCE SOUTH 83" 45' 22" WEST ALONG THE SOUTH LINE OF SA|D PARCEL 2 FOR A DISTANCE OF 29.64 FEET RETURNING TO THE TRUE POINT OF BEGINNING.

THIS DESCRIPTION CONTAINS 22,4OO SQUARE FEET, MORE OR LESS

THE BEARINGS AND DISTANCES USED IN THIS DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1.983, ZONE 6, PER R.O.S. T4492.

ATTACHED HERETO IS EXHIBIT "8" AND BY THIS REFERENCE MADE A PART HEREOF" THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.

61 33 03/31/19 í.- I /** _./ ANDREW P. ZIEMNIAK - PLS 6133 DATE:04-25-2017 LICENSE EXPI RATION : 3-3 1-2018

Page 2 of 2

48 INE LINE LENGTH BEARING 115 171.A2' I WATER EASEMENT Lr6 185.r3' s05'26'43"E rsI TO CITY OT SAN DIEGO Lt7 '50"E REc. A7/A3/78 As 118 sl t'2( 37"W I |NST. NO. 78-278253, 4 .i O.R. AS SHOWN ON PM 15027

CURVE LENGTH RADIUS I c1 ^ \I ,Y I \¡ \I \ \ tlo*ar. , Pl,Á 15027 \ \ I \ 359-630-09 \ \ I 6 \ r \ \ TSR I I I PARCEL 1 \ \ \ I l PM 15027 359-630-08 \ \ I I \ I \

EWER rnsEurñr \ I PER PM 7054 \

CITY OF SAN DIEGO T.P.0. DOC. REC \ FtLE/PG. NO. SERIES 8, \ o.R. \

SEWER EASEMENT REC. 04/28/1960 AS FILE NO. LOT 4 88486, O.R. \ MAP 7054 359-630-04 \ \

LEGEND T.P.O,B. TRUE POINT OF BEGINNING TOTAL AREA = 22,4OO SQ. FT. NOTES a3ß1/18 1) THE BAS|S OF BEARTNG FOR TH|S PLAT tS CCS83, ZONE 6, EPOCH 1991.35, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS ''GPS-207'' AND ''GPS-251,, BEING N12'06'48''W, PER ROS 14492, JLSCRIPIION: MID-COAST CORHÞON ÎRANST PROJECT PORTION OF PARCEL 2 OF SHEET 1 OF 4 PARCEL MAP I5027

OWVER: 1" = 6o' PS ROSE CANYON LLC o N AB ffi ENHJNHHRINH AZ 401 46-1 6676 mnpn¡ RO¡¡ SECTION E st ITE 260 SAN DIEGO, CA 92125 (868) 614-83?? 04 17 49 MATCH LIN LINE LINE LENGTH BEARING L'IJ 112.67' so4'1E'1E"W Ll4 149.47' '37"W I PARCEL 1 15027 115 so3'o: r361E 5 PM I I 559-630-08

CURVE LENGTH RADIUS A l I c1 764.59' 2.814.93' 15'33'46" c6 58.89' 2.7A4.40' 01"t2 I 1/ I

l I --f l/ 1r

I l/ îrys,sffiu¡;

I i I

PARCEL 2 TSR 15027 lr I PM l tt 359-630-09 // i c1 I. i+ l_ i I / *l n- ,'"-*.i;"++ ll ï I

\ ATER EASEMENT /\ TO CITY OF SAN \ DIEGO REC. / 07 /os/78 AS tNST, \ CITY OF SAN DIEGO I NO. 78-278253, O.R. PER DOC. REC. / AS SHOWN ON \ 051?6/1967, FtLE/Pc. / PM 15027 NO. 75S06, IN SERIES B. I BK. 1967, O,R. I 5 R EASEMENT t PER PM 7054

/1

ATCH LINE SEE SHEET 1 LEGEND- T.P.O.B. TRUE POINT OF BEGINNING TOTAL AREA : 22,400 SQ, FT. *, NOTES I 6 ( ¡ /18 1) THE BASTS OF BEARTNG FOR TH|S PLAT tS CCSBJ, ZONE 6, EPOCH 1991.35, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS "GPS_207'' / AND ''GPS_251,, BEING N12'06'48''W, PER ROS 14492. t-,LSCRlt¡TION i¡ PORTION OF PARCEL 2 OF SHEET 2 OF 4 PARCEL MAP 15027 SCALE: f,WNER: 1" = 60' IJf{AT I LD: PS ROSE CANYON LLC NOKKE AB CHECKED: HNHIHEãRINGI AZ 401 46-1 6876 RUFtrIN ROAD SECTION E surTE 260 DATE PREPARED: sÁN 614-83?7 04/2s/2017

50 HXHFTT T MATCH SEE SH I LINE LENGTIJ BEARING L1 568.O4', N08'1 7'53"E I 110 ?so..to' s07's7'21"W I tr¡se 111 92.74' soo'o3'53"w LOT3 *e R ur¡r T L12 21.66' N82'57'07"W MAP 9121 RE c. 01/o5/5e IN 113 11).67' so4'18'18"W 359-01 0-58 BK . 7427, PG. 4 I o.R SEWER EASEMENT I CURVE LENGTH RADIUS Rrc. 02/18/71 c1 764.59' 2.8r4.9J' l rs'JJ'4€ ) I c5 74.52' 1oo.oo' I 42'41'44" AS INST. NO. 30524, O.R. I r r0 l t J PARCEL 2 I CITY OF SAN D Pl,/' 15027 359-630-09 PER DOC. REC. 05/26/1967, I I FtLE/Pc. NO. 75606, IN SERIES 8, BK. 1967, O.R. I I t.

SEWER EASEMENT 20' SEWER EASEMENT PER PM 7054 REC. 01 /O5/1es9, AS DOC. NO. 1148 tN BK. 7427, PG. 482, O.R, I

I I I

973 I AS INST. NO. 73-32 R, ÌvlTS R I 2. UTILITY ESMT REC. 4 I I I AS INST, NO. 7 ì 3. UTILITY ESMT REC. 6 I I AS INST. NO. 76-09 R. 4. UTILITY ESMT REC. 1 7 I I - AS INST. NO. 87- 67 I 5. UTILITY ESMT REC. 1 I AS INST. NO. 91 o.R, I 6. UTILITY ESMT REC. I PARCEL 1 AS INST, NO. 94 o.R, I I PM 15027 I l 359-630-08

MATCH LINE SEE SHEET 2 LEGEND T.P.O.B. TRUE POINT OF BEGINNING TOTAL AREA = 22,400 SQ, FT. NOÏES 61 33 EXP. 03/31/18 1) THE BASIS OF BEARTNG FOR TH|S PLAT tS CCSB3, ZONE 6, EPOCH 1991.35, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS ''GPS_207'' AND ''GPS_251., BEING N12'06'48''W, PER ROS 14492, )ESCRIPÏON: M¡D-COAST CORR¡DOH 1RANSTT PRO.'EC 4 PORTION OF PARCEL 2 OF sHEtï 3 0F PARCEL MAP I5027 1" 60' ]TYNEFI: = PS ROSE CANYON LLC OKKEN AB I-AKUEL NUMBLTI: EHFTNEã RINË AZ õ676 RI'¡T'IN ROAI) 401 46-r DATE PREPAREDI SECTION E gt tTE 2õ0 SLIN DIEGO. CA 92125 (868) 614-83?7 04/25/2017 51 LINE LENGTI.{ BEARING I PAR. 1 L1 569.04' N08'17'53"E SEWER EASEMEN PM 10324 I L2 4 00' s81'59'O0"E REC. 01 tN LJ s8.65- s08'17'53"w 559-01 0-40 /O5/5e BK. 7427, PG. 482, l I L4 20.36' s81'42'07"E o.R. L5 15 96' s08'52'18"W I I L6 20.20 N81'42'07"W L7 42.A5' so8'17'53"W I L8 19.78' s81 '42'07"E I L9 8.99' s0E'52'18"W TER EASTMENT I 110 259.30' s07'57'21"W REC. 03130/89 AS tNST. NO. 89-161907, O.R.

I L_ CURVE LENGTH RADIUS A _._ _ c2 1,1 5.87' 96.28' 00'16'55" I -c3 5.89 1.200.28' 00r6'53" c4 41.28' r56.00' 15'09'45" l

SEWER r-J REC. AS I l 30524, O.R il l l I il l I lt I I ll I / pnncrl z I r PM 15027 I / ¡sg-o3o-09 I I l t LOT 5 7 MAP 9121 I I 359-01 0-58 I

I MTS R I I \ t0 \ \ T3 LEGEND T.P.O.B. TRUE POINT OF BEGINNING TOTAL AREA = 22,400 SQ. FT. NOTES 61 33 6, 03/31 /18 1) THE BAS|S OF BEARTNG FOR TH|S PLAT tS CCS83, ZONE EPOCH 1991.35, GRID BEARING BETWEEN CITY OF,'GPS-207'' SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS AND "GPS-251,, BEING N12'06,48,'W, PER ROS 14492.

]ESCRIPTION: MID-COAST CORHIDOR TRANSTf PHOJECT 4 PORTION OF PARCEL 2 OF SHEET 4 OF PARCEL MAP 15027 1" 60' f,WNER: = PS ROSE CANYON LLC I - NOKKHN AB PARCEL NUMBER: INBINTERINEl AZ õ676 Rt !T'IN nOÂD 401 46-1 DATE PREPARED: SECTION E glrTE 260 s N Draco^ c^ 92125 (86A) 614-83?? 04 /25 /2017 52 EXHIBIT 8

53 EXHIBIT "A" tEGAt DESCRIPTION

TEM PORARY ACCESS EASEMENT APN: 359-630-09-00 MCCTP PARCEL No:40146-I SECIION F

ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NUMBER 15027, IN THE CIW OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE SAN DIEGO COUNW RECORDER, NOVEMBER L2,1987, AS INSTRUMENT NO. 87.635525, OF OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2 BEING AT A POINT OF INTERSECTION OF THE SOUTH LINE OF PARCEL 2 AND A 2814.93 FOOT RADIUS CURVE CONCAVE TO THE EAST BEING THE WESTERLY LINE OF SAID PARCEL 2; THENCE NORTH 83'45, 22" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 2 FOR A DISTANCE OT 29.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH IL" 20'37" EAST FOR A DISTANCE OF 34.88 FEET; THENCE NORTH 5o 26' 43" WEST FOR A DISTANCE OF 3.75.05 FEET; THENCE NORTH 03' 05'36" WEST FOR A DISTANCE OF 170,63 FEET; THENCE NORTH 0" 45' 37'EAST FOR A DISTANCE OF 1.61.07 FEET; THENCE NORTH 4'3I' 48'EAST FOR A DISTANCE OF 156.85 FEET; THENCE NORTH O'03' 53" EAST FOR A DISTANCE OF 92.74 FEET TO THE BEGINNING OF A 1.OO.OO FOOT RADIUS TANGENT CURVE CONCAVE TO THE SOUTHEAST; THENCE ALONG THE ARC OF SAID 1OO.OO FOOT RADIUS CURVE IN A NORTHEASTERLY DIRECTION FOR A DISTANCE OF 121.04 FEET THROUGH A CENTRAL ANGLE OF 69' 2T' 05" TO THE BEGINNING OF A TANGENT LINE; THENCE NORTH 69" 24' 58" EAST FOR A DISTANCE OF 67.63 FEET TO THE BEGINNING OF A 3O,OO FOOT RADIUS TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID 3O.OO FOOT RADIUS CURVE FOR A DISTANCE OF 52.38 FEET THROUGH A CENTRAL ANGLE OF 1OO' 02' 40,'TO THE BEGINNING OF A TANGENT LINE; THENCE NORTH 30" 37'42" WEST FOR A DISTANCE OF 118.02 FEET TO THE BEGINNING OF A 156.00 FOOT RADIUS TANGENT CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID 156,00 FOOT RADIUS CURVE FOR A DISTANCE OF 107,55 FEET THROUGH A CENTRAL ANGLE OF 39" 30' OO" TO THE BEGINNING OF A TANGENT LINE; THENCE NORTH 8o 52' 78u EAST FOR A DISTANCE OF 150.34 FEET TO THE BEGINNING OF A 1213,66 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A BEGINNING RADIAL BEARING OF SOUTH 80'50'36" EAST FROM THE RADIUS POINT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID t2L3.66 FOOT RADIUS CURVE FOR A DISTANCE OF 629.69 FEETTHROUGH A CENTRAL ANGLE OF 29' 43' 38N TO THE BEGINNING OF A TANGENT LINE; THENCE NORTH 20" 34' 14" WEST FOR A DISTANCE OF 39.41 FEET; THENCE SOUTH 67' 38'41" WEST FOR A DISTANCE OF 26.31 FEETTO A POINT ON THE NORTHWESTERLY MTS RIGHT OF WAY LINE BEING A 1196.28 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST AND HAVING A BEGINNING RADIAL BEAR]NG OF NORTH 67" 38,41" EAST FROM THE RADIUS POINT; THENCE lN A NORTHWEST DIRECTION ALONG THE ARC OF THE MTs NORTHWEST RIGHT OF WAY LINE FOR A DISTANCE OF 67.05 FEETTHROUGH A CENTRAL

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54 ANGLE OF 3. L2, 40" TO THE BEGINNING OF A NON TANGENT LINE; THENCE LEAVING THE NORTHWESTERLY MTS RIGHT OF WAY LINE ALONG A LINE HAVING A BEARING OF NORTH 64" 26' AL" EAST FOR A DISTANCE OF 15.31 FEET; THENCE SOUTH 22" 50' 52" EAST FOR A DISTANCE OF 7.93 FEET; THENCE NORTH 64' 48'29" EAST FOR A DISTANCE OF 34.81 FEET; THENCE SOUTH 20'34'14" EAST FOR A DISTANCE OF 101.73 FEETTO THE BEGINNING OF A 1233.66 FOOT RADIUS TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE ALONG THE ARC OF SAID 1233.66 FOOT RADIUS CURVE IN A SOUTHEASTERLY DIRECTION FOR A DISTANCE OF 126.11 FEET THROUGH A CENTRAL ANGLE OF 5" 51' 25' 10 THE BEGINNING OF A NON- TANGENT LINE; THENCE SOUTH t4" 42' 49" EAST FOR A D¡STANCE OF 107.29 FEET TO THE BEGINNING OF A 11.37 FOOT RADIUS TANGENT CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID 11.37 FOOT RADIUS CURVE FOR A DISTANCE OT t5,24 FEET THROUGH A CENTRAL ANGLE OF 76" 48' 44" TO THE BEGINNING OF A TANGENT LINE; THENCE NORTH 88'28' 27" EAST FOR A DISTANCE OF 16.93 FEET; THENCE SOUTH 1' 30' 05" EAST FOR A DISTANCE OF 26.00 FEET; THENCE SOUTH 88'27' 00" WEST FOR A DISTANCE OF 3.02 FEET TO THE BEGINNING OF A 15.66 FOOT RADIUS TANGENT CURVE CONCAVE TO THE SOUTHEAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID 15,66 FOOT RADIUS CURVE FOR A DISTANCE OF 24.88 FEET THROUGH A CENTRAL ANGLE OF 91' OO' 30" TO THE BEGINNING OF A NON-TANGENT LINE; THENCE SOUTH 2'33'30" EAST FOR A DISTANCE OF 67.23 FEET; THENCE SOUTH 85" 41' 25" WEST FOR A DISTANCE OF 3.87 FEET TO A POINT OF BEGINNING OF A 1233.66 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A BEG¡NNING RADIAL BEARING OF NORTH 85" 44' 22" EAST FROM THE RADIUS POINT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID t233.66 RADIUS CURVE FOR A DISTANCE OF 288.89 FEET THROUGH A CENTRAL ANGLE OF 13' 25, 02" TO A NON'TANGENT LINE; TFIENCE SOUTH 8' 52' 18" WEST FOR A DISTANCE OF 150.24 FEET TO THE BEGINNING OF A 136.00 FOOT RADIUS TANGENT CURVE CONCAVE TO THE NORTHEAST THENCE SOUTHEASTERLY ALONG THE ARC OF SAID 136.00 FOOT RADIUS CURVE FOR A DISTANCE OF 93.76 FEET THROUGH A CENTRAL ANGLE OF 39" 30' OO" TO THE BEGINNING OF A TANGENT LiNE; THENCE SOUTH 30" 37'42" EAST FOR A DISTANCE OF L25.90 FEET TO THE BEGINNING OF A 60.00 FOOT RADIUS TANGENT CURVE CONCAVE TO THE WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID 60,00 FOOT RADIUS CURVE FOR A DISTANCE OF 41.28 FEETTHROUGH A CENTRAL ANGLE OF 39' 24' 53" TO THE BEGINNING OF A NON- TANGENT LINE; THENCE SOUTH 5L" 42'59" WEST FOR A DISTANCE OF 85.20 FEET;THENCE SOUTH 6!' 42,59" WEST FOR A DISTANCE OF 68.48 FEET TO THE BEGINNING OF A 35.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A BEGINNING RADIAL BEARING OF NORTH 23" 24'10" WEST FROM THE RADIUS POINT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID 35.00 FOOT RADIUS CURVE FOR A DISTANCE OF 'IO 5.96 FEET THROUGH A CENTRAL ANGLE OF 9" 45, 42' THE BEGINNING OF A NON-TANGENT LINE; THENCE SOUTH 6!" 42' 59" WEST FOR A DISTANCE OF 11.86 FEET; THENCE SOUTH 7'36' 48" WEST FOR A DISTANCE OF 6.48 FEETTO THE BEGINNING OF A 35,00 FOOT RADIUS NON- TANGENT CURVE CONCAVE TO THE EAST AND HAVING A BEGINNING RADIAL BEARING OF NORTH 6A' 27'31"" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID 35.00 FOOT RADIUS CURVE FOR A DISTANCE OF 18.35 FEET THROUGH A CENTRAL ANGLE OF 30" 02' 48,, TO THE BEGINNING OF A TANGENT LINE; THENCE SOUTH O" 30' 20" EAST FOR A DISTANCE OF 15.45 FEET; THENCE SOUTH 7' g6' 48" WEST FOR A DISTANCE OF 85.51 FEET; THENCE SOUTH 5" 24, 25" WEST FOR A DISTANCE OF 150.28 FEETTO THE BEGINNING OF A 825.00 FOOT RADIUS TANGENT CURVE CONCAVE TO THE EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID 825.00 FOOT RADIUS CURVE FOR A DISTANCE OF 109.91 FEETTHROUGH A CENTRAL ANGTE OF 7" 38' 00" TO THE BEGINNING OF A TANGENT LINE; THENCE SOUTH 2' 13' 35" EAST

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55 FOR A DISTANCE OF 205.82 FEET; THENCE SOUTH 7' 52' 35" EAST FOR A DISTANCE OF 199.78 FEET TO THE BEGINNING OF A 1OO.OO FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE NORTHWESTAND HAVING A BEGINNING RADIAL BEARING OF SOUTH 82'36'45" EAST FROM THE RADIUS POINT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAlD 100.00 FOOT RADIUS CURVE FOR A DISTANCE OF 6.90 FEET THROUGH A CENTRAL ANGLE OF 3' 57' 22" TO THE BEGINNING OF A TANGENT LINE; THENCE SOUTH tt'20'37" WEST FOR A DISTANCE OF 23.86 FEET; THENCE SOUTH 83.45, 22" WEST FOR A DISTANCE OF 21.00 FEET RETURNING TO THE TRUE POINT OF BEG]NNING.

THIS DESCRIPTION CONTAINS 43,02T SQUARE FEET, MORE OR LESS.

THE BEARINGS AND DISTANCES USED IN THIS DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, PER R,O.S. L4492,

ATTACHED HERETO IS EXHIBIT "8" AND BY THIS REFERENCE MADE A PART HEREOF THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCË WITH THE PROFESSIONAL LAND SURVEYORS ACT.

No. 6.133 EXP.03/31/18

ANDREW P. ZIEMNIAK - PLS 6133 DATE:04-25-2017 LICENSE EXPIRATION: 3-31-2018

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56 LINE TABLE LINE LENGTH BEARING LI 34.88' N11'20'37"E WATER EASEMENT L2 1 75.05' N05'26'43"W TO CITY OF SAN DIEGO L¡ 1 70.63' N03'05'36"W PARCEL 2 Rrc. 07/03/78 AS t3r 205.82', s02'13'35"E PM 15027 |NST. NO. 78-278253, LJ2 1 99.78' s07'52'35"E 359- 630- 09 O.R. AS SHOWN ON LJ3 23.E6' s11'20'J7"W I PM 15027 t54 s8J'45'22"W 1I 21.00' I \- ( CURVE TABLE CURVE LENGTH RADIUS À SEWER EASEMENT \ cl5 6.90' 100.00' 03'57'22" ï PER PM 7054 t \\ \ 1

r

irz 1 I

MTS R/W \ \ PARCEL 1 \ r I PM 15027 359-630-06 I \ 1

I ) 1- I 15 {

P.O.

CITY SAN DIE OF NE5'45'22"E REC, \ T.P.O.B. 05 FtLE/PG, 29.64' NO. SERIES 8. \ o.R. \

SEWER EASEMENT REC. 04/28/1e60 \ AS FILE NO. LOT 4 88486, O.R. \ MAP 7054 359-6J0-04 \ \

LEGEND 1F:0.8. TRUE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT TOTAL AREA = 43,021 SQ. FT, NOTES 1) THE BASIS OF BEARING FOR THIS PLAT IS CCS83, ZONE 6, EÞOCH 1991.35, GRID BEARING BETWEEN CITY OF SAN DIEGO rIRST ORDER HORIZONTAL CONTROL STATIONS ''GPS-207,, AND "GPS-251,, BEING N'I2'06'48''W, PER ROS 14492, )ESCRIPÏION] MID-COAST CORRIDOR TRANSTT PROJECT SHEET 1 OF 6 PORTION OF PARCEL 2 OF PARCEL MAP 15027 SOALL: 1" 60' JWNLI{: DRAFTED: PS ROSE CANYON LLC DOKKEN AB CI-IECKED: PAÍ(CEL NUMEEFI: ENGlINEENINB AZ 66?6 Rt Ff'tN ROÂn 401 46- 1 DATE PREPARED: SECTION F fltrTB 2ó0 gAL23 (868) 61{-0377 04/25/2o17 stN DIECO. CA 57 gH LINE TAELE _____[4Ar_cjl_LJNE LINE LENGTH BEARING L5 170.63' N03'05'56"W L4 161.07' N00'45'57"E PARCEL 1 L5 156.85' N04'J1'48"8 PM 15027 130 150.28' s05'24'25"W 359-630-08 L5 131 205.82 s02'1J'35'E PARCEL 2 I CUR\E TABLE PM 15027 CURVE LENGTH RADIUS A 359-630-09 c14 109.91' 825,00' 07'38'00" l/ l/

ll i il MTS R/w /l tl tl_L rïtl

WATER EASEMENT /\ TO CITY OF SAN DIEGO REC. 07 /03/78 AS |NST. CITY OF SAN DIEGO \/ NO. 78-278253, O.R. PER DOC, REC. I AS SHOWN ON 05/26/1967, FtLElPc. \l PM 15027 NO. 75606, tN SERTES 8. BK. 1967, O.R. L SEWER EASEMENT PER PM 7054

L5 \

\

LINË-sËË-5FEË1-r-- LEGEND T.P.O.B. TRUE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT TOTAL AREA = 43,021 SO. FT.

?? l:,lOTES 03/31 /18 1) THE BAS|S OF BEARTNG FOR TH|S PLAT tS CCS83, ZONE 6, EPOCH 1991.J5, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS ''GPS_207" AND "0PS.251,, BEING N12'06'48''W, PER ROS 14492, IJLSCKII' TIONI MID-COAST CORRIÐOH THANSTT PROJEC PORTION OF PARCEL 2 OF SHEET 2 OF 6 PARCEL MAP 15027 SCALE: OWNLR: 1" = 60' JKAF II.IJI PS ROSE CANYON LLC DOKKEN AB i-;F{È.uKLU: PARCEL NUMEER: ENB]NEEF, INE AZ 40146-1 õ87õ nl,rFIN BOAD SECTION F stl¡u 2õo )A IE PÍIEPAREDI sAN DIEGO. CL S?tzA (868) 61,t-8S?? 04/25/2o17 58 LINE ABLE MATCH LINE SEE SHEET 4 LINE LENGTH T L5 156.8s', N04'51'48"E L6 92.74' LOT 3 L7 67,63' N69 MAP 9121 I L8 118.02' N30'3 359-01 0-38 L23 125.90' s30'37'42"E 124 85.20' s51'42'59"W 125 68.48' s61'42'59"W 126 11.86' s61 SEWER EASEMENT L27 6,48' s07'36'48"W REC. tN 128 15.45' 01loslsg B K. 7427, PG. 482, 129 85.51' s07'36'48"W o.R. 130 150.28' s05'24'25"W

CUR\E TABLE CURVE LENGTH RAOIUS c1 121.O4' 100,00' 69'2r'05"^ I c2 52.38' PARCEL 2 J0.00' 100.02'40" f PM 15027 c3 107.55' 156.00' J9'J0'00' ( c10 95.76' 136.00' J9'30'00" 3s9-650*09 C2 c11 41.28' 60,00' 39'24'53" c12 5.96' 35.00' 09'45'42" cr3 1 8.55' 35.00' 30'02'48"

RADIAL TABLE SEWER EASEMENT RADIAL LENGTH BEARING PER PM 7054 Rl2 35.00' N2J'24',10"W Rl5 35.00' N60'27'31"w

I

TSR I I I L6 I I I

I I PARCEL 1 PM 15027 I I l 359-630-08 I

LEGEND ï.P.0.8. TRUE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT ïOTAL AREA = 43,021 SQ. FT. NOTES 33 03/31 /18 1) THE BASTS OF BEARTNG FOR TH|S PLAT tS CCS83, ZONE 6, EPOCH 1991.J5, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS ''GPS_207'' AND ''GPS_251,, BEING N12'06'48''W, PER ROS 14492. JLöURIP IIQN MID-COAST CORRIDOR TRANSfr PORTION OF PARCEL 2 OF PNo.JECî SHEET 5 OF 6 PARCEL MAP 15027 OW\ER: 'L;ALL:1" = 60' DRAF IED: PS ROSE CANYON LLC DOKKEN AB CHECKED: I'AKULL NUMHh,T{: ENtsINEHRINB AZ 401 46- 1 66?õ RUTPIN ROÂD SECTION F SUIE 2õO DA Í¡REI¡ARED: g N DIEGO, CÂ tSlâg (86A) õ1{-83?? 'E04/25/2017 59 MATCH LINE SEE SH LINE LENGTH BEARING PAR. 1 L9 150.34' NO8'52'18"E SEWER EASEMENT t22 150.24' so8'52"t8"W PM 10324 I 359- 01 0-40 REC. 01105/59 rN BK, 7427, PG. 482, I CURVE LENGÏH RADIUS A 0.R. c3 107.55' 156.00' 39'30'00" i, c4 629.69' 1.21 5.66' 29'43'38" I c9 288.89', 1.233.66' 13'25'02" c10 95.76' 136.00', 59'50'00" ENT R AS INST. NO o.R. I L I l

SEWER EASEMENT REC. 02/18/71 AS INST. NO. 30524, O.R.

PARCEL 2 PM 15027 359-650-09

LOT 3 MAP 9121 359-01 0-38

MTS R/W

0 *-\ -sÊË-süË'Ëî 3 LEGEND T.P.0.8. TRUE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT TOTAL AREA = 43,021 SQ. FT. NOTES 1) THE BASIS OF BEARING FOR THIS PLAT IS CCS83, ZONE 6, EþocH 1991.35, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS "GPS_207'' AND ''GPS_251,, BEING N12'06'48''W, PER ROS 14492,

)ESCRIP]TON: MID-COAST CORRIDOR TRANSrr FRO.JEC SHEET 4 OF 6 PORTION OF PARCEL 2 OF PARCEL MAP 15027 SCALE: 1" 6O' JYII\LII: = DRAF I Et'I PS ROSE CANYON LLC DOKKET{ AB I'AKUEL NUMöEK: EN:lTNET¡1INE AZ 401 46-1 66?õ RT'FFI¡¡ NOAD SECTION F stt¡lB 260 gt¡I DITGO. CA e2123 (E68) ö14-83?7 04 17 60 LINE TABLE MATCH LINE SEE SH T6 LINE LENGTH BEARING 116 107.29' s14'42'49"E \ L17 16.93' NE8'28'27"E 118 26.00' s01'50'05"E \ PARCEL 2 119 3.02' s88'27'00"W PM 15027 \ l2a 67.23' s02'33'30"E SEWER EASEMENT 359-630-09 L21 5,87' s85'41'25"W \ REC. 01 /0s/5e tN BK 7427, PG. 482, 0.R, \ CURVE LENGTH RADIUS Â c4 629.69' 1.2r 3.66' 29'43',38 \ UO 126.11', 1.233,66' 05'51'25" c7 15.24' 11,J7' 76'48'44" \ c8 24,88', 15.66' 91'00'50" c9 288.89' 1,233.66' 13'25'02" \ PAR. 2'' I PM 10324 \ 559-010-41 \ I \ \ \ \ \ \ L_* \ 118

SEWER EASEMENT \ 19 REC. 02/18/71 AS INST. NO. I I 30524, O.R. TER EASEMENÏ REC. 03/30/S9 AS tNsT. N0. 89-161907, O.R.

N-q'jt*rE-

PAR. 1 PM 10324 I 359-01 0-40 MÏS R I 1e

l l I .__L__I I EET 4 LEGEND T.P.0.8. TRUE POINT OT BEGINNING P.O,C. POINT OF COMMENCEMENT TOTAL AREA = 43,021 S0. FT. NOTES 13J 6, 03/31 1) THE BASIS OF BEARING FOR THIS PLAT IS CCS8J, ZONE /1E EÞoCH 1991.J5, GRID BEARING BETWEEN CITY OF SAN DIEGO Èlnsl oRDER HbRlzorurAL coNTRoL STATIoNS "cPS-207" AND "GPS-251" BEING N12'06'48"W, PER RoS 14492.

DESCRIPTONI MID-COAST CORRIDOR TRANSIT PRO.JECT SHEET 5 OF 6 PORTION OF PARCEL 2 OF PARCEL MAP 15027 SCALE: 1" = 60' OW\ER: )RAFÏED: AB PS ROSE CANYON LLC DOKKEN CHECKED: PARCEL NUMBT,R: ENT¡INEER¡NE AZ 401 46 -',l õ0?6 RIIITN 80 I) )ATE PREFARED1 SECTION F grnTE 2õo sr N DIACO. CA 921¿3 (868) 614-83?? 04/2s/2017 61 LINE TABLE LINE LENGTH BEARING L'to 39.41' N20'34'14"W Llr 26.J1' s67'58'41"W 112 15.31' N64'26'01"E 113 s22'50'52"E APN 559-6J0-09 114 34.81 N64'48'29"8 973 AS |NST, NO. 75*528201,0.R. 115 1 01 .73' s20'34'14"E 2. UTILITY ESMT REC. 974 AS |NST. NO. 74-089446, 0.R. 3. UTILITY ESMT REC. OJ 976 AS INSÏ. NO. 76-092186,0.R. CURVE TABLE 4. UTILITY ESMÏ REC. 1 987 AS INST. NO. 87-675553, 0,R. CURVE LENOTH RADIUS A 5. UIILITY ESMT REC. 991 AS INST NO. 91-0182754, O,R. c4 629.69' 1,213.66' 29'45'38" 6. UTILITY ESMT REC. 1 1 4 AS INST NO. 94-0651314,0.R. c5 67.05' 1.196.28' 03'12'40' c6 126.11' r.233.66' 05'51'25"

SEWER EASEMENT REC. 01loslse rN \\ BK. 7427, PG. 482, 0.R. \ \ \ FLOWAGE EASEMENT MTS R PER PM 15027 \ 13 PAR. 3 PM 10324 PARCEL 2 559-01 0-42 \ Pt¡i 15027 \ 559-650-09 \6 \ PAR. 2 \ PM 10324 \ 559-01 0-41 \ *sËË' -LTñ -sfi -à - - MA Ë E-Ëi LEGEND T,P.O.B. TRUE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT TOTAL AREA = 43.421 SQ. FT. NOTES |l 1?a THE BEARING FOR THIS PLAT IS CCS83, ZONE O, 03/31 /18 1) BASIS OF EPOCH 1991.35, GRID BEARING BETWEEN CITY OF,'GPS-207'' SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS AND ''GPS_251,, BEING Nl2'06'48''W, PER ROS 14492. tt sçKtF¿ iloN: MID-COAST CORHIDOR TRANS]T FRo.JEC I SHEET 6 OF 6 PORTION OF PARCEL 2 OF PARCEL MAP 15027 SCALE: l" 60' owNER: = )RAF TED: PS ROSE CANYON LLC ÐOKKEN AB CHEÇKED; PAXULL NUMËEK: INf¡INETRINE AZ 6676 nOAD 401 46-1 nl,ltll{ JAIL. I.'T{LTJAKtr,U| SECTION F slrnE 2õ0 s rI DIEGO, CL 92t25 (868) 61,r-83?? 04/25/2O17 62 EXHIBIT,,A" LEGAT DESCRIPTION

TEMPORARY ACCESS EASEM ENT APN: 359-630-08-00 MCCTP PARCEL NO:43037-l SECTION F

ALL THAT PORTION OF PARCEL ]. OF PARCEL MAP NUMBER 1.5027, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE SAN DIEGO couNw REcoRDER, NOVEMBER 12, t987, AS INSTRUMENT N0. 87-635525, OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOW:

AREA 1

COMMENCING ATTHE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1- NORTH 7" 52, 35'' WEST FOR A DISTANCE OF 54:33 FEETTO THE TRUE POINT OF BEGINNING 1; THENCE CONTINUING NORTHERLY ALONG SAID WESTERLY LINE OF SAID PARCEL 1 ALONG A BEARING OF NORTH 7' 52' 35' WEST FOR A DISTANCE OF 199.78 FEET; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID PARCEL 1 ALONG A BEARING OF NORTH 2' 13' 35" WEST FOR A DISTANCE OF 205.82 FEET TO THE POINT OF BEGINNING OF A B25.OO FOOT RADIUS TANGENT CURVE CONCAVE TO THE EAST; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID PARCEL 1 IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF SAID 825.00 FOOT RADIUS CURVE FOR A DISTANCE OF 1.09.91 FEET THROUGH A CENTRAL ANGLE OF 7' 38'OO" TO A THE BEGINNING OF A TANGENT TINE; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID PARCEL l ALONG A BEARING OF NORTH 5" 24'25" EAST FOR A DISTANCE OF 150,28 FEET; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID PARCEL 1 ALONG A BEARING OF NORTH 7" 36'48.' EAST FOR A DISTANCE OF 85.51 FEET; THENCE LEAVING THE WESTERLY LINE OF SAID PARCEL I ALONG A LINE HAVING A BEARING OF SOUTH O" 30' 2OU EAST FOR A DISTANCE OF 88.78 FEET; THENCE SOUTH 5" 40' 21u WEST FOR A DISTANCE OF 145.01 FEET; THENCE SOUTH 01'39' 18" WEST FOR A DISTANCE OF 98.95 FEET; THENCE SOUTH 2" 04' 37" EAST FOR A DISTANCE At 226'33 FEET; THENCE SOUTH 05" 16' 10" EAST FOR A DISTANCE OF 768.22 FEETTO THE BEGINNING OF A 1OO.OO FOOT RADIUS TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE IN A SOUTHERLY DIRECTION ALONG THE ARC OF SAID 1OO.OO FOOT RADIUS CURVE FOR A DISTANCE OF 22,09 FEET, THROUGH A CENTRALANGLE OF 12" 39. 25'' RETURNING TO THE TRUE POINT OF BEGINNING 1.

AREA 2

COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1 NORTH 07' 52'35'' WEST FOR A DISTANCE OF 254.TT FEEI; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID PARCEL 1. NORTH 02" 1-3' 35'' WEST FOR A DISTANCE OF 205.82 FEETTO THE POINT OF BEGINNING OF A 825.00 FOOT RADIUS TANGENT CURVE CONCAVE TO THE EAST; THENCE CONTINUING ALONG THE WESTERLY LINE

Page I of3

63 OF SAID PARCEL 1. IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF SAID 825.00 FOOT RADIUS CURVE FOR A DISTANCE OF 109.91 FEET THROUGH A CENTRAL ANGLE OF 7' 38'OOU TO THE BEGINNING OF A TANGENT LINE; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID PARCEL 1 ALONG A BEARING OF NORTH 5" 24' 25'' EAST FOR A DISTANCE OF 1.50.28 FEET; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID PARCEL 1 ON A BEARING OF NORTH 7" 36' 48U EAST FOR A DISTANCE OF 118.81 FEET TO THE TRUE PO¡NT OF BEGINN¡NG 2; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID PARCEL L ON A BEARING OF NORTH 7" 36' 48" EAST FOR A DISTANCE OF 6.48 FEET; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 1 ON A BEARING OF NORTH 6T" 42'59'' EAST FOR A DISTANCE OF 11.86 FEET TO THE POINT OF BEGINNING OF A 35.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A BEGINNING RADIAL BEARING OF NORTH 33" 09' 52" WEST FROM THE RADIUS POINT; THENCE LEAVING THE NORTHWESTERLY LINE OF SAID PARCEL 1 lN A SOUTHWESTERLY DIRECTION ALONG THE ARC OF SAID 35.00 FOOT RADIUS CURVE FOR A DISTANCE OI L6.67 FEET, THROUGH A CENTRAL ANGLE OF 27" 17' 40" RETURNING TO THE TRUE POINT OF BEGINNING 2.

AREA 3

COMMENCING ATTHE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1 NORTH 7' 52' 35" WEST FOR A DISTANCE OF 254.11 FEET; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID PARCEL 1ALONG A BEARING OF NORTH 2" ].3'35" WEST FOR A DISTANCE OF 205.82 FEETTO THE POINT OF BEGINNING OF A 825.00 FOOT RADIUS TANGENT CURVE CONCAVE TO THE EAST; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID PARCEL ]. IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF SAID 825.00 FOOT RADIUS CURVE FOR A DISTANCE OF 1.09.91 FEET THROUGH A CENTRAL ANGLE OF 07'38' 00" TO A THE BEGINNING OF A TANGENT LINE; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID PARCEL 1 ALONG A BEARING OF NORTH 5" 24' 25" EAST FOR A DISTANCE OF 150.28 FEET; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID PARCEL 1 ON ALONG A BEARING OF NORTH 7' 36' 48" EAST FOR A DISTANCE OF 125.29 FEET; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL l ALONG A BEARING OF NORTH 6T' 42' 59" EAST FOR A DISTANCE OF 17.82 FEE-I TO THE TRUE POINT OF BEGINNING 3; THENCE CONTINUING ON THE NORTHWESTERLY LINE OF SAID PARCEL 1 ALONG A BEARING OF NORTH 6I' 42'59" EAST FOR A DISTANCE OF 68.48 FEET; THENCE CONTINUING ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 1 ALONG A BEARING OF NORTH 5T" 42'59'' EAST FOR A DISTANCE OF 85.20 FEETTO THE BEGINNING OF A 60.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A BEGINNING RADIAL BEARING OF SOUTH 87" L2'49" EAST FROM THE RADIUS POINT; THENCE LEAVING THE NORTHWESTERLY LINE OF SAID PARCEL 1. IN A SOUTHWESTERLY DIRECTION ALONG THE ARC OF SAID 60,00 FOOT RADIUS CURVE FOR A DISTANCE OI 60.74 FEET, THROUGH A CENTRAL ANGLE OF 5B'OO' 02'TO THE BEGINNING OF A TANGENT LINE; THENCE SOUTH 66" 47' 13" WEST tOR A DISTANCE OF 99.49 FEET TO THE BEGINNING OF A 35.00 FOOT RADIUS TANGENT CURVE CONCAVE TO THE SOUTHEAST; THENCE lN A SOUTHWESTERLY DIRECTION ALONG THE ARC OF SAID 35.00 FOOT RADIUS CURVE FOR A DISTANCE OF 0.11 FEET, THROUGH A CENTRAL ANGLE OF O" 10'40'' RETURNING TO THE TRUE POINT OF BEGINNING 3.

CONTAINING 8,883 SQUARE FEET, MORE OR LESS.

Page 2 of 3

64 THE BEARINGS AND DISTANCES USED IN THIS DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1.983, ZONE 6, PER R.O.S. 14492.

ATTACHED HERETO IS EXHIBIT "8" AND BY THIS REFERENCE MADE A PART HEREOF.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.

fl 6133 EXP.03/3'1/1

ANDREW P. ZIEMNIAK - PLS 8788 DATE:4-25-24fi LICENSE EXPIRATION: 3-31-2018

Page 3 of 3

65 APN 559-630-09 NON*PLOTTABLE EASEWffi tl 1. UTILITY ESMT REC. t1/27/r973 AS tNST. tl NO. 75*J28201, O.R. I 2. UTILITY ESMT REC. tl a4/o9/1974 AS INST. No. z,í-oas+46. 0.R. J, UTILITY ESMT REC. 03/30/1976 AS INST. I NO. 76-092186. O.R. 4. UTILITY ESMT REC. 12/Õ811987 AS INST. tl N0. 87-675333, O.R. I SEWER EASEMENT 5. UTILITY ESMÏ REC. I E 7054 |NST. f-. PER MAP 04/23/1991 AS U) N NO, 91-0182734, 0.R. I I F o 6. UTILITY ESMT REC. FotÔ o¡ 11/08/1994 AS |NST. tl N0, 94-0651314, O.R. tl dg-l orf WATER EASEMENT TO tl Jo) DIEGO uJ ro CITY OF SAN (J ¡T) Rrc. a7 As t_ /a3/78 I |NST. N0. 78-278253, ò o- / O.R. AS SHOWN cv oN PM 1502 I I EAl I \_ 1 ) LINE LENGTH \ i L'I 1 99.78' L2 205.A2' '1 "w I \ I PAA. 1 L7 98.95' PM 15027 L8 226.33' I \ 35 -6ð0-09 L9 ßa.22' \ \ \ CURVE TABLE \ CURVE LENGTH RADIUS A \ \ ' \ cr 1 09.91 825.00' 07'J8'00"

1 12'39'25"' \ c2 22.09' 00.00' \ \ \ ii T.P.O.B. 1 --V NO7'52 54.35'

P.O.C. LEGEND P,Z T.P.O.B. TRUE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT TOTAL AREA : 8,885 SQUARE FEEÏ sl33 NOTES 03/31 /18 1) THE BASIS OF BEARING FOR THIS PLAT IS CCSBJ, ZONE 6, EÞOCH 1991,35, GRID BEARING BETWEEN CITY OF SAN DI,EGO rIRST ORDER HORIZONTAL CONTROL STATIONS ''GPS_207'' AND ''GPS_251,, BEING N12'06'48"W, PER ROS 14492, IESCRIPïONr MID-COAST COHRIDOR TRA'!¡S|[ PHQJEC SHEET 1 OF 2 PORTION OF PARCEL 1 OF PARCEL TTAP 15027 SCALE: l" = 80' ]WNL.R: DRAFTED: AB PS ROSE CANYON LLC DÛKKHN ]HECKL.D: PÀRCEL NUMBËR: ËNgINHËNIHET AZ ó67ó RTIFT'TN ROAD 45057- 1 )ATE PREPARED: SECTION F st ITts s60 sat¡ DIDco, cA 92129 (868) õ14-8S?7 04/25/2ô17 66 LINE TABLE LINE LENGTH BEARING L5 1 50.28' NO5'24'25"E tt l-4 85.5r' N07 WATER EASEMEN L5 88.78' '20"8 REC. 03/3o/1e89 L6 r 45.01' so5'40'21'w AS INST. NO. L7 98.95', s01'39 89-161907, O.R. 110 6.48' PAR. 2 111 11.86' ./- PM 15027 L12 6E.48' N61'4: :59"E 359-630- 09 113 85.20' N51'42:59'E L1 4 \

CURVE LENGTH RADIUS -s-ej:rå+s c't 109.S1' 825.00 07'38'00"^ I (R)-- c3 r 6.67' 55.00' 27'17'40" SEWEÉ EMEN c4 60.74' 60.00' 58'00'02 PER PM 7054 N61'42'59"E I 5.96' T.P.O.B. J' I AREA E4qr4t 3 R3 I R5 ,/ 110 WATER EASEMENT tl CITY OF SAN DIEGO T.P.O.B. REC. 07 /Os/78 AS I tl tNSr. N0. 78-278253, N07'36'4 tt CJ O.R. AS SHOWN tl I oN PM 15027 tl tl tl

tl Ø ,-- PAR. 1 tl I PM 15027 I t3 359-630-08 z tl l tl ****_l__ 7 A

LEGEND P T.P.O.B. TRUE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT TOTAL AREA : 8,883 SQUARE FEET 61 33 NOTES 03/31 118 1) THt BAS|S OF BEARTNG FOR TH|S PLAT rS CCS83, ZONE 6, EPOCH 1991.35, GRID BEARING BETWIEN CITY OF SAN DIEGO ''GPS_207'' FIRST,,GPS_251,, ORDER HORIZONTAL CONTROL STATIONS AND BEING N12'06'48''W, PER ROS 14492, DESCRIPTION: \¡ST FBo.JECT PORTION OF PARCEL I MID-COA.BT CORRIDOR' r A SHEET 2 OF 2 OF PARCEL MAP 15027 1" 80' JYYNb.R: =

AB PS ROSE CANYON LLC lDOKKHN ]HECKED: PARCEL NUMBER: HHãTHHHRIHßI AZ 43437*1 6676 RI'FFTN ROÁD SEC'NON F smTT 260 )ATE PREPARED: SAil DIEGO. CA 93123 (8õ8) õ14-837? 04/25/2O17 67 EXHIBIT 9

68 EXH¡BIT "A" TEGAL DESCRIPTION

TEM PORARY CONSTRUCTION EASEMENT APN: 359-630-09-00 MCCTP PARCEL No: 40146-1 SECIION G

ALL THAT PORT|ON OF PARCEL 2 OF PARCEL MAP NUMBER 15027, tN THE CtTy OF SAN D|EGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, NOVEMBER L2, T987, AS INSTRUMENT NO. 87-635525, OF OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS:

COMMENCING ATTHE NORTHWEST CORNER OF SAID PARCEL 2; THENCE SOUTHEASTERLY ALONG THE WESTERLY PROPERTY LINE OF SAID PARCEL 2 ALONG A LINE HAVING A BEARING OF SOUTH 33" 36' 07" EAST FOR A DISTANCE OF 2]L,40 FEET TO THE BEGINNING OF A ].196.28 FOOT RADIUS TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE CONTINUING lN A SOUTHEASTERLY DIRECTION ALONG THE WESTERLY LINE OF SAID PARCEL 2 ALONG THE ARC OF SAID 1196.28 FOOT RADIUS CURVE FOR A DISTANCE OF 797.25 FEET THROUGH A CENTRAL ANGLE OF 38" Ll' 03" TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE WESTERLY LINE OF SAID PARCEL 2 ALONG A LINE HAVING A BEARING OF SOUTH 84" 25'52" EAST FOR A DISTANCE OF 25.50 FEET TO A POINT ON A 1213.66 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A BEGINNING RADIAL BEARING OF SOUTH 85' t7' L3" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID 1213.66 FOOT RADIUS CURVE FOR A DISTANCE OF 94.72FEETTHROUGH A CENTRAL ANGLE OF 4'26'36" TO THE BEGINNING OF A NON-TANGENT LINE; THENCE SOUTH 8" 52' 18" WEST FOR A DISTANCE Ot 141,.34 FEET; THENCE NORTH 87' 42' 07" WEST FOR A DISTANCE OF 19.78 FEET; THENCE NORTH 8" 77' 53" EAST FOR A DISTANCE OF 156.66 FEET TO THE BEGINNING OF A 1200.28 FOOT RADIUS TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID L2OO.28 FOOT RADIUS CURVE FOR A DISTANCE OF 5,89 FEET THROUGH A CENTRAL ANGLE OF O" 16' 53" TO THE BEGINNING OF A NON-TANGENT LINE; THENCE NORTH 81' 59' OO" WEST FOR A DISTANCE OF 4.OO FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 2 BEING A 1196.28 FOOT RADIUS CURVE HAVING A BEGINNING RADIAL BEARING OF SOUTH 81" 59' 00" EAST FROM THE RADIUS POINT; THENCE ALONG THE WESTERLY LINE OF PARCEL 2 ALONG THE SAID 1196.28 FOOT RADIUS CURVE IN A NORTHEASTERLY DIRECTION FOR A DISTANCE OF 7I,7L FEET THROUGH A CENTRAL ANGLE OF 3'26' 05" RETURNING TO THE TRUE POINT OF BEGINNING.

THIS DESCRIPTION CONTAINS 5,185 SQUARE FEET, MORE OR LESS.

Page 1 of 2'

69 THE BEARINGS AND DISTANCES USED IN THIS DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, PER R.O.S. T4492,

ATTACHED HERETO IS EXHIBIT "8" AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.

6133 EXP,03/31/18

q

ANDREW P. ZIEMNIAK. PLS 6 133 DATE:04-25-2017 LICENSE EXPIRATION: 3-31-2018

Page 2 of 2

70 UTILIÏY EASEMENT REC. 1A/1s/1s71 AS UTILITY EASEMENT lNSr. NO. 241564 0.R, REC. 1A/14/1e55 1 ?o-02 rN BK. 5830 359 PG. 194, O.R. \\ .ri- --;' -^"' -t4 \ ¿' -¿¿ \ \\ P.O. \ OPEN SPACE EASEMENT \ -\, PER MAP 7054

359-6 \ \ 2. UTILITY ESMT REC. AS INST. NO. TS R/W 3. UTILITY ESMT REC. AS INST. NO. 76- p.j 4. UTILITY ESMT REC. AS INST. NO. 'eo, 5. UTILITY ESMT AS INST. NO. 6. UTILIÏY ESMT \ AS INST. NO. \ \ \ PARCEL 2 PM 15027 359-650-09 PARCEL 3 PM 10324 EASEMENT 359-01 REC 01 /05/1ese 0-42 IN BK. 7427 PG. 482, 0.R. \ \ \ \ \\ __-\ SHEET 2 LEGEND T.P.O.B. TRUE POINT OF BEGINNING P.O,C. POINT OF COMMENCEMENT TOTAL AREA : 5,185 SQ. FT. NOTES 61 33 BEARTNG FOR TH|S PLAT CCS83, 6, 03/sl /18 1) THE BASIS OF tS ZONE EPOCH 1991.35, GRID BEARING BETWEEN CITY OF SAN DIEGO "GPS-207'' FIRST,'GPS_251,, ORDER HORIZONTAL CONTROL STATIONS AND BEING N12'06'48''W, PER ROS 14492. )ESCRIPIION: PORTION OF PARCEL 2 OF ETI OF4 PARCEL MAP 15027 1" 6O' ]WNLR: = Ð Dt{Ar tEu: PS ROSE CANYON LLC o N AB CHEÇKED: ËNgTNäËHINË AZ 401 46- 1 6O?6 NUFFIN ROÂI) PHASE G sum 260 CA 614-8377 71 I EIHIEIï'F: MATCH LINE SEE 1 ------1-- FLOWAGE EASEMENT ------ì/ \ PER PM 15027 3 P 4 359-01 42

s

\ \ \ \\ TSR PARCEL 2 \ PM 15027 \ PARCEL 2 359-630-09 PM 10J24 \ 359-01 0-41 o \ þt" \\ \ \\ \ H:=--SEWER EASEI/ENT \-- REC. 01 /05/1959 "\ \ n..er. lqzi \ ', PG. 482, O.R. \ \\t v \1 \ \ t\ PARCEL 1 PM 10324 359-01 0- 40 \

SEWER EASEMENT REc. 02/18/1971 AS I rNST. NO. 30524, O.R. \ \ ï

LEGEND T.P.O.B. TRUE POINÏ OF BEGINNING P.O.C. POINT OF COMMENCEMENT TOTAL AREA = 5,185 SQ. FT. NOTES ExP. 03/31/18 1) THE BAS|S OF BEARTNG FOR TH|S PLAT rS CCS83, ZONE 6, EPOCH 1991.35, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDTR HORIZONTAL CONTROL STATIONS ''GPS-207'' AND ''GPS-251,' BEING N12'06'48''W, PER ROS 14492, DESCRIPTON: [,tlD-COAgT cORAÞoR THANSIT PHOJrcT PORTION OF PARCEL 2 OF SHEET 2 OF 4 PARCEL MAP 15027 JUALL: 1" : 60' OWNLR: )RAF IED: PS ROSE CANYON LLC DOKKHN AB PARCEL NUMBER: HNgTNËHIIIHË AZ 401 46-1 60?6 RTDFIN nOA.I) PHASE G sum 260 1 srAN DmGO. CA 92t25 (868) õ14-83?? 04/2 72 TCH LI t- ¡¡_E_ 'T- 1 ç*ú**r&t*\ \ \ \ r- \ \ \ \¡ll (o tl EWER EASEMENÏ \ J N REC. 01 /05/1s59 (, \I I R rN BK. 7427 PARCEL 1 PG. 482, 0.R. PM 10324 I J59-01 0-40 1 I I Ii

l I SEWER EASEMEN REC. 02/18/1971 AS WATER EASEMENT tNST. NO. 30524, O.R. REC. o3l30/1e8e I l AS INST. NO. Ð il 89-161907, O.R. I i I I(o N I 0s LINE LENGTH BEARING l, I L1 25.50' s84'25 '52"8 I L2 141.34' I I L4 156^66' N81'1 7'53"E ¡ P.O I I L CURVE LENGTH RADIUS c1 94.12', 1.213.66' 04'26'36"^ I c2 : 5.89' 1-200.2A' oo'16'53" I c5 71.71' 1.196.28' o3'26'05 a-l s-8jffies:E / I I PARCEL 2 I I PM 15027 359-630- 09 3 LOT I l MAP 9121 J59-0i 0-J8 l I I -**_r___

LEGEND T.P.O.B. TRUE POINT OF BEGINNING P,O.C. POINT OF COMMENCEMENT TOTAL AREA = 5,185 SQ. FT. NOTES BEARTNG FOR TH|S PLAT tS CCS83, ZONE 6, a3/31 /18 1) THE BASIS OF EPOCH 1991.35, GRID BEARING BETWEEN CITY OF,'GPS-207'' SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS AND "GPS-251" BETNG N12'06'48"W, PER ROS 14492. )ESCRIPTION: ÐROJECT MID-COA$T CORRIDOH TRANST OF 4 PORTION OF PARCEL 2 OF SHEET 3 PARCEL MAP I5027 SCALE: 1" 60' JWNT.R: = )'IAF TED: PS ROSE CANYON LLC OKKHN AB lllEÇt(EÞr ]ARCEL NUMBER: Et{EIHEERTNGI AZ 6O?6 RT'TT1N ROAI} 401 46-1 gt )41b. PHASE G tlE 260 Iru: s t{ DIEGO. CÀ 94123 (8õ8) 614-8377 o+/251',''KLF¡¡ :017 73 PARCEL 2 I PM 15027 SEWER EASEMEN 359-630-09 Rtc. 02/18/1971 AS I rNST. NO. 30524, O.R. L- LOT 3 WATER EASEMENT MAP 9121 REC. 03/3O/1e89 359-01 0-38 r AS INST. NO. 89-161907, O.R.

I l TSR R EASEMENT c. 01 /05/1ese IN BK 7427 PG. 482, O.R

LINE LENGTH BEARING _Tî_t2 141.-34' s08'52'18"W 19.78' N81'42'07" L4 I 56.66' NO8'1 7'53"8

LEGEND T.P.O.B. TRUE POINT OF BEGINNING P.O.C. POINT OF COMMTNCEMENT TOTAL AREA : 5,185 SQ. FT. NOTES 03/31 /18 1) THE BAS|S 0F BEARTNG FOR TH|S PLAT rS CCS83, ZONE 6, EPOCH 1991.J5, GRID BEARING BETWEEN CITY OF,'GPS-207'' SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS AND ''GPS_251,, BEING N12'06'48''W, PER ROS 14492. lJL5C1.(ll¿ IION: MID-COAST CORRIDOR TRANS]T PROJECT PORTION OF PARCEL 2 OF SHEET 4 OF 4 PARCEL MAP 15027 SCALE: OWNER: 1" = 60' PS ROSE CANYON LLC DOKKHN AB

PARCEL NUMBER: TNEINEIR, INB AZ 401 46- 1 õ87ó RI'TFIN ROTD PHASE G sttTD 2õ0 SAN DIEGO. CA 02123 (s6B) 614-aszz o4 7 74 EXHIBIT 10

75 EXHIBIT "A" LEGAT DESCRIPTION

TEM PORARY CONSTRUCTION EASEMENT APN: 359-630-09-00 MCCTP PARCET No:40146-I SECTION H

ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NUMBER L5O27,IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE SAN DIE6O COUNTY RECORDER, NOVEMBER t2,L987, AS INSTRUMENT N0.87-635525, OF OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS:

COMMENCING ATTHE NORTHWEST CORNER OF SAID PARCEL 2; THENCE SOUTHEASTERLY ALONG THE WESTERLY PROPERW LINE OF SAID PARCEL 2 ALONG A BEARING OF SOUTH 33" 36' 07" EAST FOR A DISTANCE OF 27T.40 FEET TO THE BEGINNING OF A 1196.23 FOOT RADIUS TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE CONTINUING lN A SOUTHEASTERLY DIRECTION ALONG THE WESTERLY LINE OF SAID PARCEL 2 ALONG THE ARC OF SAID 1196.28 FOOT RADIUS CURVE FOR A DISTANcE oF 532.56 FEET THRoUGH A CENTRAL ANGLE oF 25. 30'25" TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE WESTERLY LINE OF SAID PARCEL 2 ALONG A LINE HAVING A BEARING OF NORTH 78' T3'29" EAST FOR A DISTANCE OF 25.86 FEET TO A POINT ON A 1.2].3.66 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A BEGINNING RADIAL BEARING OF NORTH 81'51'01" EAST FROM THE RADIUS POINT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID L2L3.66 FOOT RADTUS CURVE FOR A DISTANCE OF 272,47 FEET THROUGH A CENTRAL ANGLE OF ].2' 5L' 47" TO THE BEGINNING OF A NON-TANGENT LINE; THENCE NORTH 84'25'52" WEST FOR A DTSTANCE OF 25.50 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 2, SAID POINT ALSO BEING. ON A 1196.28 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A BEGINNING RADIAL BEARING OF SOUTH 85" 25'04" EAST FROM THE RADIUS POINT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID 1L96,28 FOOT RADIUS CURVE FOR A DISTANCE OF 264.69 FEET THROUGH A CENTRAL ANGLE OF ].2" 40' 38" RETURNING TO THE TRUE POINT OF BEGINNING.

THIS DESCRIPTION CONTAINS 6,899 SQUARE FEET, MORE OR 1E55.

THE BEARINGS AND DISTANCES USED IN THIS DESCRIPTION ARE BASED ON THE CALIFORNIA cooRDtNATE SYSTEM OF 1.983, ZONE 6, pER R.O.S. 14492.

ATTACHED HERETO IS EXHIBIT "8" AND BY THIS REFERENCE MADE A PART HEREOF

Page 1 of2

76 THIS LEGAL DESCRIPTTON WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.

NDREW P. ZIEMNIAK - PLS 6133 DATE: 04-25-2017' LICENSE EXPIRATION: 3-31-20L8

Page2of 2

77 UTILITY EASEMENT REC. 1O/1s/1e71 AS UTILITY EASEMEN rNST. N0. 241564 0.R. REC. 10 /14/1ss5 ?0-02 IN BK. 5830 359 -1 PG. 194, O.R. -\

P PEN SPACE EASEMENT \ PER MAP 7054 V I (,, ï. TS 3. 1 ar, 4. \ '3o. E

\ 6. \

\ PARCEL 2 PM 15027 \ 3s9-650-09 \ PARCEL 5 EASEMEN PM 10324 01/os/1ese 359-0i O-42 rN BK. 7427 PG 482, O.R.

\ \ \

MA TCH LINE LEGENQ T.P.O.B. TRUE POINT OF BEGINNING P,O.C. POINT OF COMMENCEMENT TOTAL AREA = 6,899 SQ. FT. NOTES ¡JJ THE BEARING FOR THIS PLAT IS CCS8J, ZONE 6, 03/31 /18 1) BASIS OF EÞOCH 1991.55, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS ''GPS-207'' AND "GPS-251" BEING N12'06'48"W, PER ROS 14492.

MID-COASï COHHIÞOR' RANSTT PRo.JECT SHEET 1 OF 3 PORTION OF PARCEL 2 OF PARCEL MAP 15027 SCALE: 1" - 60' f,RAh ILU: PS ROSE CANYON LLC DO AB CHECKEDI EHr¡INEHRINg AZ

1 66?6 Rlr¡rlN RO D 401 46- )A IL PKLI'AT{LIJ: PHASE H slnm 2õ0 s^N DTnGO- e^ ø2125 (868) 614-s37? 04/25/2017 78 _¡datqlj LINE SEE SHEET \ WAGE EASEMENT PER PM 15027 3 PM1 32 4 359-01 0-42 LINE TABLE I LENGTH I .BEARING ' ti' I zs se' l t'r7a'1i'ãe"È '

CURVE LENGTH RADIUS A c1 272.47', r.213.66' 't2',5i'47" c2 264.69' r .1 96. 28' 12:40'38"

\ \ \ \ \r TSR PARCEL 2 PM 15027 PARCEL 2 359-630-09 PM 10324 \ 359-01 O-41 \ \

WER EASEMcNT Y--F'--;E c. 01 /05/1e5e \\IN BK 7 427 F PG 482, O.R \ ll \'1 (oo \1 b) PARCEL 1 @_ \1 PM '10324 359-01 0-40 \1 ì t_----_\ \ SEWER EASEMEN REC. O2/18/1s71 AS \ \ rNST. NO. 30524, O.R, \ \ T.P _\****

LEGEND T.P.O.B. TRUE POINT OF BEGINNING ì P.O.C. POINT OF COMMENCEMENT TOTAL AREA = 6,899 SQ, FT. s NOTES t 61 53 q I ExP. os/31/18 1) THE BASTS OF BEARTNG FOR TH|S PLAT rS CCS83, ZONE 6, EPOCH 1991.35, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS ''GPS_2O7" I AND ''GPS_251,, BEING N12'06'48''W, PER ROS 14492. DESCRIPTION: lullD-COAST COHRIDOH ïHANBI PRO-JEc PORTION OF PARCEL 2 OF SHEET 2 OF 3 PARCEL MAP 15027 SCALE: 1" = 60' ÐKAF lLU: PS ROSE CANYON LLC DOKKEN AB CHECKED: TNBINTT NINE AZ 68?ó RUtrrlN ROÁD 40146-'.r }ÀTE PREFARËD: PHASE H snIE 2õ0 sÁN DIDGO. CA 92123 (868) 614-837? 04/25/2O17

79 1-- -\---- -\

\ \ \ \ R EASEMENT ì 01 /05/1e's \ r TSR IN BK 7427 \ PARCEL 1 PG. 482, O.R. \ PM 10324 I 359-01 0-40 I I l I l t SEWER EASEMEN REC. 02/18/1971 AS l I rNST. NO. 30524, 0.R. I I I

I I I

1

I I PARCEL 2

l PM 15027 I 359*630-09 CURVE LENCTH RADIUS I c1 272.47' 1.213-66' 12'51',47"^ I c2 264.69¡ 1.1 96.28' 12'40'38" l L- l

I I I ï I t I WA TER E A SE M ENÏ R E c 03/30/ 989 LOT 5 I A S N ST. NO. MAP 9121 II 6 9 07 o. R 359-01 0-38 ! ,[

LEGEND T.P.O.B. TRUE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENI TOTAL AREA = 6,899 SQ. FT. NOTES 61 J3 03/31 /18 1) THE BASTS OF BEARTNG'.FOR TH|S PLAT tS CCS83, ZONE 6, EPOCH 199'I.55, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS ''GPS_207'' AND ''GPS_251,, BEING Nl2'06'48''W, PER ROS 14492,

PORTION OF PARCEL 2 OF SHEET 3 OF 5 PARCEL MAP 15027 9WNER: 1" = 60' PS ROSE CANYON LLC D AB ' ãARCEL NUMBER: EhlË. tt{EËRtHg 401 46-1 6676 RUfr¡N RO n PHASE H

80 EXHIBIT 11

81 EXHIBIT,,A,' LEGAL DESCRIPTION

TEMPORARY CONSTRUCTION EASEM ENT APN: 359-630-09-00 MCCTP PARCEL No:40146-I SECTION I

ALL THAT PORTION OF PARCEL 2 OF PARCET MAP NUMBER 15027, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE SAN DIEGO COUNW RECORDER, NOVEMBER 12,L987, AS INSTRUMENT NO. 87-635525, OF OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS:

COMMENCING ATTHE NORTHWEST CORNER OF SAID PARCEL 2; THENCE SOUTHEASTERLY ALONG THE WESTERLY PROPERTY LINE OF SAID PARCEL 2 ALONG A BEARING OF SOUTH 33" 36' O7'' EAST FOR A DISTANCE OF 27L.40 FEET TO THE BEGINNING OF A 1196.28 FOOT RADIUS TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE CONTINUING lN A SOUTHEASTERLY DIRECTION ALONG THE WESTERLY LINE OF SAID PARCEL 2 ALONG THE ARC OF SAID T196.28 FOOT RADIUS CURVE FOR A DISTANCE OF 234.82 FEETTHROUGH A CENTRAL ANGLE OF 1]"' t4' 47" TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE WESTERLY LINE OF SAID PARCEL 2 ALONG A LINE HAVING A BEARING OF NORTH 67' 38'41" EAST FOR A DISTANCE OF 26.31 FEET; THENCE SOUTH 20" 34' 14" EAST FOR A DISTANCE OF 39.41 FEET TO THE BEGINNING OF A 1213.66 FOOT RADIUS TANGENT CURVE CONCAVE TO THE SOUTHWEST. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID L213,66 FOOT RADIUS CURVE FOR A DISTANCE OF 263.10 FEET THROUGH A CENTRAL ANGLE OT !2' 25' L5'TO THE BEGINNING OT A NON-TANGENT LINE; THENCE SOUTH 78" t3'29" WEST FOR A DISTANCE OF 25.86 FEETTO A POINT ON THE WESTERLY PROPERTY LINE OF SAID PARCEL 2, SAID POINT ALSO BEING ON A TL96.28 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A BEGINNING RADIAL BEARING OF NORTH 81" 54'18" EAST FROM THE RADIUS POINT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID !L96,28 FOOT RADIUS CURVE FOR A DISTANCE OF 297.75 FEET THROUGH A CENTRAL ANGLE OT L4' 15' 38" RETURNING TO THE TRUE POINT OF BEGINNING.

THIS DESCRIPTION CONTAINS 7,747 SQUARE FEET, MORE OR LESS.

THE BEARINGS AND DISTANCES USED IN THIS DESCRIPTION ARE BASED ON THE CALIFORNIA cooRDtNATE SYSTEM OF 1983, ZONE 6, PER R.O.S. L4492.

ATTACHED HERETO I5 EXHIBIT "8" AND BY THIS REFERENCE MADE A PART HEREOF,

Page 1 of 2

82 THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.

61 33 EXP.03131/18

ANDREW P. ZIEMNIAK - PLS 6133 DATE: 04-25-201.7 LICENSE EXPIRATION : 3-31-2018

Page2of 2

83 UTILITY EASEMENT REC, 1O/19/1971 AS UTILITY EASTMENT tNST. NO. 241564 0.R. REC. 1 o/14/1955 '70-02 tN BK. 5830 3 :ls-1 PG. O.R. 194, ¿-1- -.8 -¿ --

¿z¿ P.O.C. \ EN SPACE EASEMENT \ \ PER MAP 7054 \

975 o.R, \ (,, 2. UTILITY ESMT REC. 74 \," AS INST. NO. 7 0. R. TS 3. UTILITY ESMT REC. 9 76 \7 AS INST. NO. \ 4. UTILITY ESMT AS INST. NO. \ 5. UTILITY ESMT AS INST. NO. 91-01E o.R. \ 6. UTILITY ESMT REC. 11 994 \ AS INST. NO. 94 131 4, o.R. I I \ PARCEL 2 \ PM 15027 \ 359- 630- 09 \ \ PARCEL 3 PM 10324 EASEMENT RE 1/o5/1e5e 359-01 0-42 tN BK. 7427 \ PG 482, o.R \, \ \ \ \\ \ \ \ \ \ \ \

LEGEND T.P.O.B. TRUE POINT OF BEGINNING

Þ P.O.C. POINT OF COMMENCEMENT TOTAL AREA = 7,747 SQ. FT, Ð I NOTES ( ! 1) THE BAS|S OF BEARTNG FOR TH|S PLAT tS CCS83, ZONE 6, EPOCH 1991.35, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS ''GPS-207'' I AND ''GPS_251,, BEING N12'06'48''W, PER ROS 14492. ut ScRtP iloN I'IID-COAST CORRIDOR TRANSIT PRo.JECT SHEET 2 PORTION OF PARCEL 2 OF 1 OF PARCEL MAP I5027 5{.:ALE.: 1" = 6O' ,t(At- tED: PS ROSE CANYON LLC DOKKEN AB CHECKED: ENHINEERINg AZ ROAD 401 46- 1 6076 ßrrFfDI TAITTRËËA'trËö:- PHASE I sunT 260 s^N DIEGO- Cl. 02123 (868) ö14-8s?? 04/25/2017 84 INE-\--- T1 FLOWAGE EASEMENT_*t PER PM 15027 il LINE TABLE 4 LINE LENCTH BEARING 359-01 42 L,I 26-31' N67'38'41"E L2 39.41' s2034'14"E L3 25.86' s78r 3'29"W

CURVE LENGTH RADIUS :l A c1 263.r0: 1.213.661:l 12'25:15" T.P.O.B. c2 297 75' 1.196.28''l 14'1 5'38"

\ \ \ \ TSR PARCEL 2 \ PM 15027 \ PARCEL 2 359-630-09 PM 10324 \ 359-01 0-41 \ \ c \ WER EASEVTUT REC. 01 /05/195e rN BK. 7427 PG. 482, O.R.

I \ \\ \ \\ PARCEL 1 \ PM 10324 559-01 40 \ 0- \ SEWER EASEMEN \ Rrc. oz/iï/i971 AS tNST. NO. 30524, O.R. \ \ I

LEGEND T.P.O.B. TRUE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT TOTAL AREA = 7,747 SQ. FT. NOTES ( 03/31þ8 1) THE BAS|S OF BEARTNG FOR TH|S PLAT tS CCS83, ZONE 6 EPOCH 1991.35, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS ''GPS_207'' i AND "GPS_251,,BEING N12'06,48,'W, PER ROS 14492.

JE SUKIP IION: MID-COAST CORHDOR ÏffANSfT PROJEC SHEET 2 PORTION OF PARCEL 2 OF 2 OF PARCEL MAP 15027 1" = 60' OW\ER: :r PS ROSE CANYON LLC I NOKKEN AB FARCEL NUMBER: ãHHINH.HNIHßI AZ 40146-1 ó07õ RUFmÍ nOrD PHASE I SUIIE ÊõO sAN DInCO- CA ø2t29 (868) 614-837? o4 5 a17 85 E ¡t IT 12

86 EXHIBIT.,A,' LEGAT DESCRIPTION

TEMPORARY CONSTRUCTION EASEMENT APN: 359-630-09-00 MCCTP PARCEL No: 40146-1 SECIION J

ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NUMBER 15027, IN THE CIry OF SAN DIEGO, COUNW OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, NOVEMBER L2, L987, AS INSTRUMENT NO. 87-635525, OF OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED A5:

BEGINNIÑG AT THE TRUE POINT OF BEGINNING BEING THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE NORTH 76" 08'07" EAST ALONG THE NORTH PROPERTY LINE OF SAID PARCEL 2 FOR A DISTANCE OF 29.41, FEET; THENCE LEAVING THE NORTH LINE OF SAID PARCEL 2 ALONG A LINE HAVING A BEARING OF SOUTH 28' 59'43" EAST FOR A DISTANCE OF 9.63 FEET; THENCE NORTH 61'30'20" EAST FOR A DISTANCE OF 10.00 FEET; THENCE SOUTH 28" 59' 43" EAST FOR A DISTANCE OF 53.53 FEET; THENCE SOUTH 60" 53' 35" WEST FOR A DISTANCE OF 10.00 FEET; THENCE SOUTH 28" 59'43" EAST FOR A DISTANCE OF 367.49 FEET; THENCE SOUTH 64" 26' O1'' WEST FOR A DISTANCE OF 4.88 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 2 BEING A 1196.28 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST AND HAVING A BEGINNING RADIAL BEARING OF NORTH 64" 26'O].'' EAST FROM THE RADIUS POINT; THENCE ALONG THE WESTERLY LINE OF PARCEL 2 IN A NORTHWESTERLY DIRECTION ALONG THE ARC OF SAID 1].96.28 FOOT RADIUS CURVE FOR A DISTANCE OF 1.67.77 FEET THROUGH A CENTRAL ANGLE OF 8' 02' 07" TO THE BEGINN¡NG OF A TANGENT LINE; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID PARCEL 2 ON A BEARING OF NORTH 33' 36' 07" WEST FOR A DISTANCE OF 27L,4O FEET RETURN]NG TO THE TRUE POINT OF BEGINNING.

THIS DESCRIPTION CONTAINS 5,794 SQUARE FEET, MORE OR LESs.

THE BEARINGS AND DISTANCES USED IN THIS DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, PER R.O.S. 14492,

ATTACHED HERETO IS EXHIBIT "8" AND BY THIS REFERENCE MADE A PART HEREOF

Page 1 of 2

87 THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.

6',133 , o3t31t1

DATE:04-25-2017 LICENSE EXPIRATION: 3-31-2018

Page2 of 2

88 UTILITY EASEMENT REC. 10/Tehs71 AS tNsT. NO. 241564 0.R. -110' \t_-

-/\ --\

PEN SPACE EASEMENT \ PER MAP 7054 UTILITY EASEMENT EC, 1 O/14/1955 tN BK. 5830 PG. 194, O.R 97J o,R. 2, UTILI 974 AS INST, NO. o,R. TSR 5. UTILITY ESMT AS INST. NO. 4. UTILITY ESMT AS INST. NO. 5. UTILITY ESMT AS INST. NO. 91- A¡n CEL 3 6. UTILITY ESMT REC. PM 10324 AS INST. NO. ¡sÒ- 01a-42

\ PARCEL 2 PM 15027 \ 3s9-630-09 \ LINE TABLE EASEMEN LINE LENGTH BEARING REc. 01 /osAgse L1 29-41' N76'08'07"E rN BK. 7427 L2 9,63' s28'59'43'E PG. 482, O.R. L3 10.oo' N61.30'20"E L4 53.53' s28'59'43:'E L5 10.00' s60'55'35"W L6 367.49' s28'59'43"E L8 271 4Al N33'36'07"W

CURVE LENGTH RADIIIq c1 167.77' 1.196.28', 08'02'07"

LEGEND T.P.O.B. TRUE POINT OF BEGINNING TOTAL AREA = 5,794 SQ. FT.

NOTES 03/31/1'8 1) THE BASIS OF BEARING FOR THIS PLAT IS CCS83, ZONE 6, rÞocH 1gg1.Js, cRtD BEARINc BETWEEN ctTy 0F,'GPS-207'' sAN DtEco FIRST,'GPS_251,' ORDER HORIZONTAL CONTROL STATIONS AND BEING N'I2'06'48''W, PER ROS 14492.

JL,SCRtFTtON: MID-COAST CORRIDOR ïHANSff PRO*rEc SHEET 1 OF 2 PORTION OF PARCEL 2 OF PARCEL MAP 15027 SCALE: 1" 60' )WNER: - )RAFTED: PS ROSE CANYON LLC OKKHN AB PARCEL NUMEER: ENË'IÑ. EERINB AZ 401 46- 1 6876 RI'trIIN ROAD PHASE J sltflE 260 sAN DIEGO. CA 9212,5 (868) 614-8377 04 17 89 SE \ FLOWAGE EASEMENT PER PM 15027 F 3 PM 10324 359-01 0-42 LINE TABLE \ LINE LENGTH BEARING L6 367.49' s28'59'43"E L7 4.8A' s64'26'Ot"W

CURVE LENGTH RADIUS A c1 167.77', 1-196 28' 08'ô2'07"

\ \ \ \ TSR PARCEL 2 PM 15A27 \ PARCEL 2 359-630-09 PM 10324 \ 359-01 0-41 \\ \\ \\ \ SËWER ENSTUTNT ', F REc. 01 /o5/i9s9 tN BK. i+zi \ \ \'r \\\l PG. 482, O.R. \ \ \1 \ PARCEL 1 \1 PM 10324 359-01 0-40 \1 \ )- --t_ SEWER EASEMEN L r' a\\ REC. oz/18/1e71 AS \\ tNST. NO. 50524, O.R. \ tl I rl

LEGEND T.P,O.B. TRUE POINT OF BEGINNING TOTAL AREA = 5,794 SQ. FT. NOTES 1J3 FOR THIS PLAT CCS83, ZONE 6, 03/31 /18 1) THE BAS|S OF BEARING lS EPOCH 1991.55, GRID BEARING BETWEEN CITY OF SAN DIEGO FIRST ORDER HORIZONTAL CONTROL STATIONS ''GPS-207'' AND ''GPS_251,, BEING N12'06'48''W, PER ROS 14492.

]ESCRIPTION MID-COAST CORRIDOR TB,ANSTT PRO..|ECT SHEET OF 2 PORTION OF PARCEL 2 OF 2 PARCEL MAP 15027 SCALE: 1" 60' ]IYNLR: = DRAFTED: PS ROSE CANYON LLC hî AB

PARCEL NUMBER: HNTTINEE'NIHEI AZ

401 46- 1 667ó ßUmIN nOAD PHASE J sunE 260 SAN DIEGO. CA 92123 (868) 614-037? 04 o17 90 AGENDA ITEM NO. 17-06-10 BOARD OF DIRECTORS JUNE 23, 2017 ACTION REQUESTED – APPROVE

FIRST TransNet TEN-YEAR COMPREHENSIVE File Number 1500100 PROGRAM REVIEW

Introduction Recommendation

The TransNet Extension Ordinance (Ordinance) The Transportation Committee recommends requires that the Board of Directors, acting as the that the Board of Directors, acting as the San Diego County Regional Transportation San Diego County Regional Transportation Commission (Commission), conduct a Ten- Commission, approve the proposed Year Comprehensive Program Review of all TransNet approach for the first TransNet Ten-Year projects and programs to evaluate and improve Comprehensive Program Review, including performance of the overall program. draft work plan concepts, in substantially the same form as attached. Preliminary options for conducting the review have been developed into draft work plan concepts by the Transportation and Regional Planning Committees. At its meeting on June 16, 2017, the Transportation Committee reviewed these concepts and recommends approval by the Board of Directors.

Discussion

In accordance with the Ordinance, one of the responsibilities of the Commission is to conduct a comprehensive program review every ten years. The Ordinance includes the following provision regarding Commission responsibility for the Ten-Year Review:

“Section 17. Ten-Year Comprehensive Review: The Commission shall conduct a comprehensive review of all projects and programs implemented under the Expenditure Plan to evaluate the performance of the overall program over the previous ten years and to make revisions to the Expenditure Plan to improve its performance over the subsequent ten years. Such comprehensive program reviews shall be conducted in Fiscal Years 2019, 2029 and 2039. Revisions to the Ordinance and Expenditure Plan required as a result of the ten-year review shall be subject to the amendment process in Section 16.”

Background

The Ordinance generates funding for public transit, highway, local road, and active transportation projects, and for programs focused on environmental protection and smart growth. The specific projects and programs funded under the Ordinance are described further in the document titled TransNet Extension Expenditure Plan Analysis (Expenditure Plan). Attachment 1 to this report (TransNet Flow of Funds) Illustrates he various programs funded under the Ordinance and the allocation percentage for each.

Section 4 of the Ordinance sets forth Expenditure Plan purposes and states as follows:

“Section 4. Expenditure Plan Purposes: The revenues received by the Commission from the existing measure as extended by this measure...... shall be used to improve transportation facilities and services countywide as set forth in the Expenditure Plan and in a manner consistent with the long-range Regional Transportation Plan and the short-range multi-year Regional Transportation Improvement Program....”

The Ordinance also requires the review process to take into consideration the results of TransNet- funded improvements as compared to the performance standards established through the Regional Transportation Plan and the Regional Comprehensive Plan1.

The attachment to the Ordinance entitled “Statement of Understanding Regarding Implementation of the ITOC for the TransNet Program” includes Independent Taxpayer Oversight Committee (ITOC) responsibilities and states:

“5. Provide recommendations as part of the 10-year review process. This process provides an opportunity to undertake a comprehensive review of the TransNet program every 10 years and to make recommendations for improving the program over the subsequent 10 years. This review process should take into consideration the results of the TransNet-funded improvements as compared to the performance standards established through the Regional Transportation Plan and the Regional Comprehensive Plan.”

The Board initiated the San Diego Forward: The Regional Plan (2019 Regional Plan) update process at its April 28, 2017, meeting. The 2019 Regional Plan update is anticipated to be completed with Board adoption in summer/fall 2019. With both the 2019 Regional Plan update and the Ten-Year Review anticipated to be conducted within the next two years, the Board may wish to align the timing of both efforts and take advantage of the opportunity to streamline activities while ensuring consistency across both efforts.

For example, the Ten-Year Review could be started in early summer 2017 (FY 2018) and conducted as a two-step process. The first step could entail a “look back” to assess the performance of the overall program to date. The second step could entail a “look ahead,” utilizing the results from the first step

1 At its May 25, 2012, meeting, the SANDAG Board of Directors approved the integration of the Regional Comprehensive Plan update with the development of the Regional Transportation Plan/Sustainable Communities Strategy. The integrated Plan (San Diego Forward: The Regional Plan) was adopted on October 9, 2015.

2 as a basis to consider potential revisions to the Expenditure Plan to improve performance of the TransNet Program going forward. Should the Board decide to structure the Ten-Year Review in this manner, a decision would need to be made whether to perform each of the steps of the review by an outside firm or in-house staff.

The 2019 Regional Plan draft work plan was reviewed by the Board on April 28, 2017, and includes public outreach activities as well as development and evaluation of alternative multimodal transportation network scenarios for Board approval. Should the Board elect to conduct the look- ahead portion of the review as part of the 2019 Regional Plan efforts, any changes proposed to the Expenditure Plan could benefit from the extensive outreach already being conducted under the regional plan update. This approach could reduce duplicative efforts and costs, yet still ensure that stakeholders have ample opportunities to contribute to the development of any changes proposed to the Expenditure Plan for SANDAG Board consideration.

Transportation and Regional Planning Committees Feedback

At their respective meetings in May and June, the Transportation and Regional Planning Committees reviewed and discussed options for the timing of the review, timeframe to be evaluated, the level of Board and Policy Advisory Committee involvement in the process, and areas that could be evaluated.

At its meeting on May 19, 2017, the Transportation Committee supported ensuring the “look back” component of the Ten-Year Review evaluates program/project results starting in 2005 – the inception of the TransNet Early Action Program. The Committee also supported coordinating the “look forward” component with the 2019 Regional Plan update. Committee members also discussed placing an emphasis on the next ten years but not excluding the remaining years in the TransNet measure. Additionally, Committee members discussed the need to consider the impact of disruptive transportation technologies2 on the program. Committee members also supported the use of the existing SANDAG committee structure, including outreach to agency working groups to fully engage and encourage community involvement. Support also was expressed for using and aggregating existing data to provide guidance moving forward. Existing data could include past studies and performance audits, among other available materials and documentation.

At their joint meeting on June 2, 2017, the Transportation and Regional Planning Committees provided feedback consistent with the input noted above. In addition, discussion included ensuring opportunities are provided to review proposed metrics to prioritize projects and improve the performance of the entire system; looking at how TransNet has supported alternative modes of transportation; and consideration for how different colors of money influence project type and how one size does not fit all (i.e., what works well in one jurisdiction may not work in another). A request also was made to re-evaluate the 70/30 congestion relief and maintenance ratio requirements prescribed by the Ordinance for the Local Streets and Roads program.

2 Disruptive technologies refer to innovations that may be considered unproven or relatively unknown (e.g., autonomous vehicles), creating a new market and eventually disrupting an existing market thereby displacing and ultimately supplanting existing technologies.

3 At its May 19, 2017, meeting, the Transportation Committee also discussed whether the Board of Directors would be better served by an outside consultant or in-house staff for either the “look back” or “look forward” steps in the process and to consider factors such as cost and expertise.

In terms of cost, it is certain that coordinating the review with the Regional Plan will result in cost and time savings in terms of tasks that can be streamlined (e.g., public outreach and involvement), regardless of whether those tasks are completed by in-house staff or an outside consultant. However, determining the actual cost would depend on what the Board ultimately decides the scope of the review would look like and the extent of the review.

One comparison that could be used in determining the cost differential of conducting the review either through in-house staff or through the services of an outside consultant, however, could be the triennial performance audit conducted by the ITOC. Although the triennial audit conducted by the ITOC covers a different scope than that of the Ten-Year Review, the portion of work attributable to the review of existing materials and documentation under both the Commission's Ten-Year Review and the ITOC performance audit could be comparable as both would review many similar documents and materials.

The ITOC is scheduled to conduct its next performance audit starting July 2017. This could be an opportunity for the Board and ITOC to consider potentially having the Ten-Year Review and the performance audit share in the documentation review tasks of both efforts. The ITOC uses the services of an independent external auditor to conduct its performance audit; the portion of work for documentation review and performance analysis is conducted at a cost of approximately $100,000 and is paid for out of the ITOC operating budget. Sharing in this portion of the work effort could result in additional savings and reduction of duplication of efforts since both the review and the performance audit would be occurring at the same time.

At its May 19, 2017, meeting, Transportation Committee members requested a more definitive approach to conducting the review be presented alongside factors such as cost. To facilitate this effort, draft Ten-Year Program Review Work Plan Concepts have been developed that include tasks proposed, including conducting the review and identifying potential revisions to the Expenditure Plan when updating the 2019 Regional Plan; and a proposed timeline for accomplishment of the tasks (Attachment 2).

The expected cost of the work effort associated with the “look back” portion of the review is approximately $100,000, which would be funded with TransNet one percent off-the-top administration funds budgeted in FY 2018 Work Element Project No. 1500100, TransNet Financial Management.

The Transportation Committee, at its June 16, 2017, meeting, supported that the First TransNet Ten- Year Comprehensive Program Review, to be conducted by the Commission, and the FY 2018 TransNet Triennial Performance Audit, to be conducted by the ITOC, share in the documentation review tasks of both efforts.

4 Next Steps

Pending Board approval, the draft work plan concepts for the Commission’s Ten-Year Review would be further developed into a scope of work, which would be included as an additional task under the ITOC FY 2018 TransNet Triennial Performance Audit.

GARY L. GALLEGOS Executive Director

Attachments: 1. TransNet Extension - Flow of Funds Chart 2. First TransNet Ten-Year Comprehensive Review – Draft Work Plan Concepts

Key Staff Contact: Ariana zur Nieden, (619) 699-6961, [email protected]

5 Attachment 1

Extension Flow of Funds—FY09 to FY48 www.KeepSanDiegoMoving.com

Total Annual 1/2% Sales Tax Receipts (Net of BOE Fees)

1 % $250,000 2 %

Up to 1% to ITOC Activities Bicycle, Pedestrian SANDAG for (with CPI & Neighborhood Administration adjustment) Safety Program

Net Annual Revenues

38 % 4.4 % 1.8 % 2.1 % 29.1 % 16.5 % 8.1 %

Major Corridor Major Corridor Local Project Smart Local Street & Transit New Major Capital Project EMP Growth Road Formula Services Corridor Projects EMP Incentive Program Funds** Transit Operations

75%* 25%* 20%* 80%* 2.5 % 3.25 % 94.25 % Major Project Economic Local Specialized Senior Pass/Subsidies/ Mitigation Benefit Project Services for Seniors Grant Operations/ Fund Mitigation & Disabled (ADA) Program Capital Per SRTP

90.3%* 9.7%* X Percentage/Dollar distribution specified in Ordinance 50% Match For Financing State/Fed Costs Percentages based on 2002 dollar estimates in TransNet Extension Ordinance and Expenditures Plan Funds * Formula Distribution to local jurisdictions based 2/3 on population and 1/3 on maintained road miles with a ** $50,000 base per jurisdiction.

6 Attachment 2

Proposed First TransNet Ten-Year Comprehensive Program Review Draft Work Plan Concepts

Purpose:

• Conduct a comprehensive review of all projects and programs implemented under the Expenditure Plan to evaluate performance of the overall program since the start of the TransNet Early Action Program (January 2005) • Identify potential revisions to the Expenditure Plan to improve its performance through FY 2029 and going forward through FY 2048 (when the TransNet Extension Ordinance sunsets) • Provide alternatives to be considered by the Commission when updating the 2019 Regional Plan for determining whether any changes are warranted to better carry out the purpose of the Ordinance

Background:

The TransNet Extension Ordinance generates funding for public transit, highway, local road, and active transportation projects, and for programs focused on environmental protection and smart growth. The specific projects and programs funded under the Ordinance are further described in the document incorporated by reference to the Ordinance and titled TransNet Extension Expenditure Plan Analysis (Expenditure Plan).

Scope:

Task 1: Conduct a comprehensive review of all projects and programs implemented under the Expenditure Plan to date

Review TransNet program projects and programs funded under the Ordinance titled TransNet Extension Expenditure Plan Analysis, consistent with Section 4 of the TransNet Extension Ordinance which sets forth Expenditure Plan purposes, including but not limited to:

• TransNet Expenditure Plan • TransNet Early Action Program (EAP) and related bond issuances • Regional Bike EAP • Transit Services • New Major Corridor Transit Service Operations • TransNet Administration • Local Streets and Roads Program • Major Corridor Project Environmental Mitigation Program (EMP) • Local Project EMP • Smart Growth Incentive Program • Senior Mini-Grant Program • Bicycle, Pedestrian, the Neighborhood Safety Program1 • Independent Taxpayer Oversight Committee (ITOC) • Other (to be determined)

1 The Bicycle, Pedestrian, and Neighborhood Safety Program also is known as the TransNet Active Transportation Grant Program. 5

Utilize existing materials and documentation already reviewed by the SANDAG Board of Directors to conduct the review, such as:

• State of the Commute reports • Annual TransNet Fiscal and Compliance audits conducted by the ITOC • Triennial TransNet Performance Audit reports conducted by the ITOC • Reports available on the Implementation and performance status of TransNet project and programs using technology tools used in project and program development, including, but not limited to, KeepSanDiegoMoving.com and the TransNet Dashboard • Master Agreement Regarding Collaborative Projects Between SANDAG and Caltrans • Master Agreement between SANDAG, North County Transit District (NCTD), and Metropolitan Transit System (MTS) • SANDAG Board Policy No. 031: TransNet Ordinance and Expenditure Plan Rules • TransNet EMP Memorandum of Agreement (MOA) • San Diego Forward: The Regional Plan • Quarterly Progress Reports on Transportation Projects • Short-range planning documents such as the Coordinated Plan and the Regional Transportation Improvement Program • The San Diego County Regional Transportation Commission Act commencing with Public Utilities Code Section 132000

Task 2: Identify preliminary options that could be considered in terms of revisions to the Expenditure Plan to improve its performance. These could include but not be limited to:

• Revisions to programs • Revisions to projects • Other (to be determined)

For each potential alternative in Task 2 provide a preliminary assessment that considers the results of TransNet-funded improvements as compared to the performance standards established through the 2019 Regional Plan.

Tasks 1 and 2 Deliverable: Draft report containing evaluation for presentation to the Transportation and Regional Planning Committees and SANDAG Board of Directors; Based on review by the Transportation and Regional Planning Committees and direction by the SANDAG Board of Directors, prepare Final report, including specific recommendations and next steps (Fall 2017/Winter 2018). Tasks 1 and 2 to be conducted on behalf of the Commission by outside consultantthe ITOC auditor for the FY 2018 TransNet Triennial Performance Audit.

Task 3: Utilize report results from Tasks 1 and 2 when updating the 2019 Regional Plan for determining whether any changes are warranted to better carry out the purpose of the Ordinance.

Task 3 Deliverable: Changes to the TransNet Extension Ordinance, as warranted and subject to Commission approval, to be made as part of the 2019 Regional Plan update. Task 3 to be conducted with the 2019 Regional Plan update by in-house staff.

Schedule:

Fall/Winter 2017 – Complete Tasks 1 and 2

Fall 2019 – Complete Task 3

6 AGENDA ITEM NO. 17-06- BOARD OF DIRECTORS 11 JUNE 23, 2017 ACTION REQUESTED – APPROVE

ROSE CREEK BIKEWAY PROJECT: File Number 1223016 CONSTRUCTION MANAGER/GENERAL CONTRACTOR CONSTRUCTION SERVICES AGREEMENT SUPPLEMENT 7

Introduction Recommendation

The Rose Creek Bikeway Project provides for Class I The Transportation Committee recommends bicycle facilities from Mission Bay Drive to the terminus that the Board of Directors: (1) approve the of Santa Fe Street, along Rose Creek and on Santa Fe Guaranteed Maximum Price negotiated Street, in the City of San Diego (Attachment 1). between Mid-Coast Transit Constructors and The improvements include a paved, 2.1-mile shared- SANDAG for Supplement 7 of the use bike path with undercrossings of Mission Bay Drive Construction Manager/General Contractor and Interstate 5 within the Rose Creek flood channel; Construction Services Agreement a 240-foot bike and pedestrian bridge over (Supplement 7) for the Rose Creek Bikeway Rose Creek; retaining walls; utility relocations; Project (Project) in the amount of pavement markings; lighting; signage; revegetation; $17,001,856; and (2) authorize the environmental mitigation; drainage facilities; and Executive Director to execute Supplement 7 fencing. The project is fully funded for construction in for construction of the Project. the FY 2018 Capital Improvement Program.

Discussion

Rose Creek Bikeway

The Rose Creek Bikeway is part of the 44-mile, regional Coastal Rail Trail system of bikeways, connecting Oceanside to downtown San Diego. The 2.1-mile bikeway segment fills a gap between the Rose Creek and Rose Canyon bike paths. The planning and design of this project has been ongoing since mid-2012. Constructing the Rose Creek Bikeway will provide an uninterrupted, 5-mile length of separated bike and pedestrian path from Mission Bay to Gilman Drive, where the City of San Diego is working on another Coastal Rail Trail segment that will connect to the University of California, San Diego.

On May 10, 2017, SANDAG conducted a final negotiation with Mid-Coast Transit Constructors (MCTC) to construct this project. The proposed negotiated price is approximately $17 million to be funded by the TransNet Program.

Construction Management/General Contractor

Construction Management/General Contractor (CM/GC) is a two-step best value process. A contractor is selected based on qualifications and price to provide pre-construction services during the design process, and then to negotiate a guaranteed maximum price (GMP) for construction. SANDAG retains the option to bid the construction if a GMP cannot be negotiated.

In May 2014, the SANDAG Board of Directors selected MCTC as the CM/GC contractor and approved a pre-construction services agreement on September 12, 2014. Since then, the Board has approved a construction service agreement with MCTC, and construction work for various projects has been authorized by the Board through negotiated GMP contract supplements as shown below in Table 1.

Table 1 CM/GC Negotiated Construction Agreements

Action Board Approval (actual in Bold)

CM/GC 1 Construction Service Agreement June 26, 2015 Supplement 1 – Wet Utilities and CP Rose June 26, 2015 Supplement 2 – San Diego River Bridge March 25, 2016 Supplement 3 – Gilman Drive Bridge June 24, 2016 Supplement 4 – Mid-Coast Corridor Transit May 27, 2016 Supplement 5 – Elvira to Morena Double Track December 16, 2016 Supplement 6 – Voigt Drive Bridge Proposed - late 2017 Supplement 7 – Rose Creek Bike Path Proposed - June 23, 2017

Rose Creek Bikeway Supplement 7 GMP

SANDAG initiated the GMP negotiation process for the Rose Creek Bikeway Project in fall 2016. SANDAG employed an expert construction estimating consultant to prepare quantities and develop an independent cost estimate (ICE) from the GMP plan set. On January 23, 2017, MCTC submitted its initial GMP proposal. From January through April the SANDAG negotiating team, which included SANDAG staff, project management and construction management consultant staff, and the designer met with the MCTC negotiating team in a series of technical meetings on cost.

The two negotiating teams compared:

• Direct costs for labor, material, and equipment; and the rates for production • Indirect costs for supervision, quality assurance, insurance and bonding, and escalation • Construction risk, including subcontractor work, access to work areas, third party coordination, and unanticipated conditions

Costs were compared with both teams providing open book access to each other’s information. The teams also exchanged information on construction sequencing options and production rates to come to agreement on the overall construction duration of 25 months. After several negotiation meetings, cost proposals, and ICE reviews, the negotiating teams were 1.1 percent apart, as shown in Table 2 below. After final negotiations were completed, SANDAG and MCTC negotiated and agreed on value engineering proposals that reduced the final cost to $17,001,856. The final GMP is less than the initial SANDAG independent estimate and MCTC cost proposal because of value engineering during the negotiation process. Both teams identified and agreed to changes to retaining walls and paving that would reduce cost without reducing the function or serviceability.

2

Table 2 Rose Creek Bikeway GMP Amount % Difference from ICE Independent Cost Estimate $17.6 million --- MCTC Proposal $17.8 million +1.1% Recommended $17 million - 3.7%

The Transportation Committee reviewed this item at its June 16, 2017, meeting, and recommends that the Board of Directors approve Supplement 7 in the amount of approximately $17 million.

The GMP includes risk allocation. For example, SANDAG would have responsibility for risks caused by delays in obtaining resource agency permits, in obtaining construction access, and staging facilities; and SANDAG would share in the risk for hauling contaminated soil, if found unexpectedly, off the project. Staff expects to manage these items at a lower cost than MCTC. In addition to labor, equipment, and production risks inherent in every construction contract, MCTC would have the risk for maintaining storm water measures throughout the 25 months of construction, which reduces SANDAG exposure to ongoing costs and the risk from damage to temporary runoff measures caused by severe weather.

Final construction plans would be issued after the contract is executed. Change orders above the GMP price would be issued only for new or undefined work added by SANDAG or for unanticipated conditions, such as differing geotechnical site conditions, late owner furnished access or materials, or new permit requirements.

Next Steps

Pending Board approval, Supplement 7 of the Construction Services Agreement with MCTC would be executed with construction expected to begin in summer 2017.

GARY L. GALLEGOS Executive Director

Attachment: 1. Coastal Rail Trail Rose Creek Segment Project Location Map

Key Staff Contacts: John Haggerty, (619) 699-6937, [email protected] Chris Carterette, (619) 699-7319, [email protected]

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4

AGENDA ITEM NO. 17-06-12 BOARD OF DIRECTORS JUNE 23, 2017 ACTION REQUESTED – APPROVE

PROPOSED FY 2018 PROGRAM BUDGET AMENDMENT: File Number 1131300 NORTH COUNTY TRANSIT DISTRICT BUS WASH REPLACEMENT - WEST DIVISION FACILITY

Discussion Recommendation North County Transit District (NCTD) has a bus wash The Transportation Committee at the West Division Facility located at 303 Via Del recommends that the Board of Norte, Oceanside. The two existing drive-through bus Directors: (1) approve an amendment to wash systems at this facility have been in service since the FY 2018 Program Budget to add a 1990 and surpassed their useful life. The original new project, North County Transit equipment manufacturer has discontinued District (NCTD) Bus Wash Replacement - production, and repair/refurbishment of the bus wash West Division Facility (Capital systems is no longer a viable alternative. Improvement Program Project No. 1131300); and (2) accept $721,371 The Transportation Committee reviewed this items at from NCTD to fully fund this project. its June 16, 2017, meeting and recommends that the Board of Directors approve an amendment to the FY 2018 Program Budget to create a new capital project to replace the existing bus wash facility as shown in Attachment 1. NCTD would be responsible for 100 percent of the project cost and proposes to transfer $721,371 to SANDAG to fully fund this work.

GARY L. GALLEGOS Executive Director

Attachment: 1. Proposed Program Budget Amendment for Capital Improvement Program Project No. 1131300, NCTD Bus Wash Replacement - West Division Facility

Key Staff Contact: Angela Anderson, (619) 699-6934, [email protected] Attachment 1 FY 18 CAPITAL BUDGET AMENDMENT IN '000'S Project Number: 1131300 Corridor Director: Richard Chavez RTIP Number: Project Manager: Angela Anderson Project Name: NCTD Bus Wash Replacement - West Division PM Phone Number: (619) 699-6934

PROJECT SCOPE SITE LOCATION PROGRESS TO DATE Replacement of the existing two bus wash systems at the New Project. NCTD West Division Bus Facility.

PROJECT LIMITS MAJOR MILESTONES NCTD West Division Bus Facility at 303 Via Del Norte, Draft Environmental Document N/A Oceanside, CA. Final Environmental Document Dec-17 Ready to Advertise Mar-18 Begin Construction Jun-18 Open to Public Dec-18 Close-Out Dec-19

SANDAG EXPENDITURE PLAN ($000) PRIOR BUDGET PHASE YEARS FY 17 FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 TOTAL

Administration $0 $0 $40 $21 $5 $0 $0 $0 $0 $0 $0 $66 Environmental Document 0 0 0 0 0 0 0 0 0 0 0 0 Design 0 0 130 0 0 0 0 0 0 0 0 130 Right-of-Way Support 0 0 0 0 0 0 0 0 0 0 0 0 Right-of-Way Capital 0 0 0 0 0 0 0 0 0 0 0 0 Construction Support 0 0 15 100 28 0 0 0 0 0 0 143 Construction Capital 0 0 5 300 10 0 0 0 0 0 0 315 Vehicles 0 0 0 0 0 0 0 0 0 0 0 0 Legal Services 0 0 0 0 0 0 0 0 0 0 0 0 Communications 0 0 0 0 0 0 0 0 0 0 0 0 Project Contingency 0 0 67 0 0 0 0 0 0 0 0 67 Total SANDAG $0 $0 $257 $421 $43 $0 $0 $0 $0 $0 $0 $721

OUTSIDE AGENCY EXPENDITURE PLAN ($000) PRIOR BUDGET PHASE YEARS FY 17 FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 TOTAL

Environmental Document $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Design 0 0 0 0 0 0 0 0 0 0 0 0 Right-of-Way Support 0 0 0 0 0 0 0 0 0 0 0 0 Right-of-Way Capital 0 0 0 0 0 0 0 0 0 0 0 0 Construction Support 0 0 0 0 0 0 0 0 0 0 0 0 Construction Capital 0 0 0 0 0 0 0 0 0 0 0 0 Total Outside Agency $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total SANDAG & Outside Agency $0 $0 $257 $421 $43 $0 $0 $0 $0 $0 $0 $721

TransNet Pass-Through $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Caltrans RE Services $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0

FUNDING PLAN ($000) PRIOR FUNDING SOURCE YEARS FY 17 FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 TOTAL FEDERAL: 91060001 NCTD (FTA Section 5307) $0 $0 $200 $250 $38 $0 $0 $0 $0 $0 $0 $488 LOCAL: 91060001 NCTD 0 0 57 171 5 0 0 0 0 0 0 $233

TOTAL: $0 $0 $257 $421 $43 $0 $0 $0 $0 $0 $0 $721

2 AGENDA ITEM NO. 17-06-13 BOARD OF DIRECTORS JUNE 23, 2017 ACTION REQUESTED – DISCUSSION

2019 SAN DIEGO FORWARD: THE REGIONAL PLAN File Number 3102000 DRAFT PUBLIC INVOLVEMENT PLAN

Introduction

The draft Public Involvement Plan (PIP) (Attachment 1) for the 2019 update to San Diego Forward: The Regional Plan (Regional Plan) proposes a wide-ranging and energetic approach for engaging the community in the process of updating the Regional Plan. The proposed PIP includes overall goals for the plan’s public involvement program, and offers a set of strategies and actions for achieving those goals by involving a broad range of individuals and organizations in the planning and decision- making process.

The draft PIP was released on June 19, 2017, for a 30-day public review and comment period.

Discussion

The agency-wide SANDAG Public Participation Plan provides the foundation for the development of individual public outreach plans for specific programs and projects. The Public Participation Plan sets forth in general terms the agency’s commitment to an open process that provides the public with information, as well as opportunities for input and engagement in the development/implementation of SANDAG programs and projects.

The draft PIP for the 2019 update to the Regional Plan starts from that foundation, and then lays out more specific objectives and methods for conducting outreach over the upcoming two-year public process of updating the Regional Plan. The variety of tools recommended in the draft PIP are intended to enable SANDAG to provide information, involve communities that traditionally have not participated in public planning efforts, and create opportunities for meaningful engagement with a variety of audiences, including the SANDAG Board of Directors and Public Advisory Committees, other elected officials, the general public, partner agencies, advocacy groups, and a wide array of other interested stakeholders ranging from the environmental community to the business community, and from service organizations to outside government entities.

The proposed outreach tactics included in the draft PIP are presented as a menu of options. As SANDAG moves forward with the development of the Regional Plan, outreach methods included in that menu of options will be selected depending on the audiences and evolving circumstances. The agency primarily will use the public outreach techniques included in the PIP; however, selections, adjustments, and/or additions may be made based on cost and effectiveness.

In developing the draft PIP, SANDAG convened a roundtable discussion of communications specialists with a variety of experience to consider the agency’s current outreach practices and offer suggestions for use during Regional Plan outreach. The roundtable, which met on May 25, 2017, included professionals with expertise in innovative web-based outreach, social media, smart phone-based interactive outreach, and overall communications best practices, as well as other government agencies that have conducted noteworthy outreach for similar planning efforts (Attachment 2). Their suggestions and comments for additional tactics and for widening the reach of the agency’s efforts have been incorporated into the draft PIP.

The tactics proposed in the draft PIP are divided into six categories:

• Research: Conduct focus groups, roundtable discussions, and public opinion surveys at the outset of the public involvement program, and continue with similar efforts throughout the process. This research could help gauge initial knowledge and interest, the priorities of the public, key topics, the most effective means of public engagement, and how best to make adjustments along the way.

• Public Information: Create and distribute clear, concise, and engaging information to support public involvement efforts. These materials will have a consistent look and feel, reflecting the branding developed for the Regional Plan, including a website, event booth, multi-media presentation, fact sheet, brochure, public notices, dedicated phone line and email address, frequently asked questions, and general summary of the Regional Plan.

• Face-to-Face Interactions: Make presentations at community events; pop-up booths at everyday locations; create and seek feedback throughout the process from subregional stakeholder groups led by elected officials from those subregions; outreach to major employers; outreach to youth via high schools and college campuses; presentations and briefings to the SANDAG Board, Policy Advisory Committees, working groups, and member agency councils/planning commissions; informal interviews/briefings with elected officials and key stakeholders; proactive speakers bureau presentations to a variety of organizations throughout the region; and public workshops and open houses, including meetings in Spanish.

• Community-Based Organization Network: Employ community collaboratives to act as forums for local institutions, such as churches, schools, health clinics, ethnic groups, and others to discuss issues of common concern. Due to their convening capacities, community collaboratives are critical to the ability of SANDAG to reach out to underrepresented populations who might not otherwise be involved in the process. The CBO selection process is currently under way.

• Web-based outreach: Build on contact list from previous Regional Plan outreach, as well as the agency’s other outreach efforts. Create engaging content targeted and meaningful to the end user in order to interact with that audience using a variety of tools, including: dedicated Regional Plan website; social media channels, such as Facebook, Twitter, Instagram, LinkedIn, and YouTube; boosted social media posts; targeted social media; visualizations; short, informative, informal videos; interactive text messaging; surveys via the website and text messages; text updates; live streaming workshops; customer relationship management tools; regular email updates and e-newsletter.

2 • Media: Seek to inform and engage via earned media, including developing materials and spokespeople (such as members of the Board) in order to proactively: brief reporters; send regular press releases/media alerts to local and regional media; conduct press events; pursue editorial boards, op-eds, and other opinion-based opportunities; take advantage of paid media where appropriate, including print advertising, public service announcements on broadcast media, and online advertising that links back to the Regional Plan website; cultivate media partnerships; outreach to trade publications and stakeholder newsletters.

In addition to these tactics, SANDAG has implemented a government-to-government framework with the tribal nations in the region based on consultation, cooperation, and collaboration. Through the structure in place, which is outlined in the SANDAG Public Participation Plan, a Tribal Consultation Plan for the Regional Plan has been developed (Appendix C of the draft PIP) for the 2019 Regional Plan.

The draft PIP calls for analyzing the results of public involvement efforts at key milestones in the planning process through both qualitative and quantitative assessments, and then making adjustments to the program as needed.

Next Steps

The draft PIP is available for review at sandag.org/PublicNotices. Feedback may be submitted by sending an email to [email protected], calling (619) 699-1950, or writing to Regional Plan at 401 B Street, Suite 800, San Diego CA, 92101.

The public review and comment period for the draft PIP will remain open until July 20, 2017. Upon its close, staff will address and incorporate the comments of the Board of Directors, public, and other stakeholders into the document. Staff anticipates presenting the final PIP for the Regional Plan at the July 28, 2017, Board of Directors meeting.

GARY L. GALLEGOS Executive Director

Attachments: 1. Draft Public Involvement Plan for San Diego Forward: The Regional Plan 2. Innovative Outreach Roundtable Meeting Notes, May 25, 2017

Key Staff Contact: David Hicks, (619) 699-6939, [email protected]

3 Attachment 1

San Diego Forward: The Regional Plan

Public Involvement Plan 2019 Regional Plan Update

June 2017

4 BOARD OF DIRECTORS

The 18 cities and county government are SANDAG serving as the forum for regional decision-making. SANDAG builds consensus; plans, engineers, and builds public transit; makes strategic plans; obtains and allocates resources; and provides information on a broad range of topics pertinent to the region’s quality of life.

CHAIR VICE CHAIR EXECUTIVE DIRECTOR Hon. Ron Roberts Hon. Terry Sinnott Gary L. Gallegos

CITY OF CARLSBAD CITY OF SANTEE Hon. Matt Hall, Mayor Hon. John Minto, Mayor (A) Hon. Keith Blackburn, Mayor Pro Tem (A) Hon. Ronn Hall, Councilmember (A) Hon. Cori Schumacher, Councilmember (A) Hon. Rob McNelis, Councilmember CITY OF CHULA VISTA CITY OF SOLANA BEACH Hon. Mary Salas, Mayor Hon. David A. Zito, Councilmember (A) Hon. Steve Padilla, Councilmember (A) Hon. Jewel Edson, Councilmember (A) Hon. John McCann, Councilmember (A) Hon. Mike Nichols, Mayor CITY OF CORONADO CITY OF VISTA Hon. Richard Bailey, Mayor Hon. Judy Ritter, Mayor (A) Hon. Bill Sandke, Councilmember (A) Hon. John Aguilera, Councilmember (A) Hon. Carrie Downey, Councilmember (A) Hon. Amanda Rigby, Councilmember CITY OF DEL MAR COUNTY OF SAN DIEGO Hon. Terry Sinnott, Mayor Hon. Dianne Jacob, Chair (A) Hon. Ellie Haviland, Councilmember (A) Hon. Bill Horn, Supervisor (A) Hon. Dave Druker, Councilmember Hon. Ron Roberts, Supervisor (A) Hon. Greg Cox, Supervisor CITY OF EL CAJON (A) Hon. Kristin Gaspar, Vice Chair Hon. Bill Wells, Mayor (A) Hon. Steve Goble, Councilmember ADVISORY MEMBERS CITY OF ENCINITAS Hon. Catherine Blakespear, Mayor IMPERIAL COUNTY (A) Hon. Tony Kranz, Deputy Mayor Hon. John Renison, Supervisor, District 1 (A) Hon. Tasha Boerner Horvath, Councilmember (A) Mark Baza, Imperial County Transportation Commission CITY OF ESCONDIDO CALIFORNIA DEPARTMENT OF TRANSPORTATION Hon. Sam Abed, Mayor Malcolm Dougherty, Director (A) Hon. John Masson, Councilmember (A) Laurie Berman, District 11 Director (A) Hon. Ed Gallo, Councilmember (A) Ann Fox, Deputy Director CITY OF IMPERIAL BEACH METROPOLITAN TRANSIT SYSTEM Hon. Serge Dedina, Mayor Harry Mathis, Chair (A) Hon. Ed Spriggs, Mayor Pro Tempore (A) Hon. Mona Rios (A) Hon. Robert Patton, Councilmember NORTH COUNTY TRANSIT DISTRICT CITY OF LA MESA Hon. Rebecca Jones, Chair Hon. Kristine Alessio, Councilmember (A) Hon. Ed Gallo (A) Hon. Bill Baber, Councilmember (A) Hon. Jewel Edson (A) Hon. Colin Parent, Councilmember U.S. DEPARTMENT OF DEFENSE CITY OF LEMON GROVE Joe Stuyvesant, Navy Region Southwest Hon. Jerry Jones, Councilmember Executive Director (A) Hon. Jennifer Mendoza, Mayor Pro Tem (A) Steve Chung, Navy Region Southwest (A) Hon. Racquel Vasquez, Mayor SAN DIEGO UNIFIED PORT DISTRICT CITY OF NATIONAL CITY Hon. Garry Bonelli, Commissioner Hon. Ron Morrison, Mayor (A) Hon. Rafael Castellanos, Commissioner (A) Hon. Alejandra Sotelo-Solis, Councilmember SAN DIEGO COUNTY WATER AUTHORITY (A) Hon. Mona Rios, Councilmember Mark Muir, Chair (A) Jim Madaffer, Vice Chair CITY OF OCEANSIDE (A) Christy Guerin, Director Hon. Jim Wood, Mayor (A) Hon. Chuck Lowery, Deputy Mayor SOUTHERN CALIFORNIA TRIBAL (A) Hon. Jerry Kern, Councilmember CHAIRMEN’S ASSOCIATION Hon. Cody Martinez, Chairman, CITY OF POWAY Sycuan Band of the Kumeyaay Nation Hon. Steve Vaus, Mayor Hon. Robert Smith, Chairman, (A) Hon. Jim Cunningham, Councilmember Pala Band of Mission Indians (A) Hon. John Mullin, Councilmember MEXICO CITY OF SAN DIEGO Hon. Marcela Celorio, Hon. Kevin Faulconer, Mayor Cónsul General of Mexico (A) Hon. Lorie Zapf, Councilmember (A) Vacant (A) Hon. Chris Cate, Councilmember Deputy Cónsul General of Mexico Hon. Myrtle Cole, Council President (A) Hon. Ruth Alicia López, Vice Consul (A) Hon. Barbara Bry, Councilmember (A) Hon. Georgette Gomez, Councilmember CITY OF SAN MARCOS Hon. Jim Desmond, Mayor (A) Hon. Chris Orlando, Councilmember (A) Hon. Kristal Jabara, Councilmember 1 5 TABLE OF CONTENTS

1.0 INTRODUCTION ...... 3 1.1 Background – Regional Plan and its Sustainable Communities Strategy ...... 3 2.0 PUBLIC INVOLVEMENT PLAN STRATEGIES AND IMPLEMENTATION TECHNIQUES ...... 4 2.1 Stakeholder Categories ...... 4 2.2 Public Involvement Plan Objectives ...... 5 2.3 Public Involvement Plan Strategies ...... 5 2.4 Public Involvement Plan Techniques and Activities ...... 6 2.4.1 Research ...... 6 2.4.2 Public Information...... 6 2.4.3 Face-to-Face Interactions ...... 7 2.4.4 Community-Based Organization Network ...... 10 2.4.5 Web-Based Interactive Communications ...... 10 2.4.6 Media ...... 12 3.0 SOCIAL EQUITY, ENVIRONMENTAL JUSTICE, AND COORDINATION WITH OTHER AGENCIES/GOVERNMENTS ...... 14 3.1 Social Equity and Environmental Justice...... 14 3.2 Tribal Consultation ...... 15 3.3 Coordination with Mexico ...... 15 3.4 Collaboration with Military ...... 15 3.5 Coordination with California Metropolitan Planning Organizations, Air Quality, and Regional Transportation Planning Agencies ...... 15 4.0 PUBLIC INVOLVEMENT PLAN ASSESSMENT ...... 16 5.0 CONNECT WITH SANDAG ...... 18 APPENDIX A: Regional Plan Media List ...... 20 A.1 San Diego County Media Outlets ...... 20 A.2 Orange and Riverside County Media Outlets ...... 22 A.3 Imperial County Media Outlets ...... 22 A.4 Tijuana Media Outlets ...... 22 APPENDIX B: Regional Plan Stakeholders List ...... 23 APPENDIX C: 2019 Regional Plan – Tribal Consultation Plan ...... 32

2 6 1.0 INTRODUCTION

SANDAG is embarking on a program to involve the public in the update to San Diego Forward: The Regional Plan (2019 Regional Plan). Last adopted in October 2015, the Regional Plan combines the big-picture vision for how our region will grow over the next 30 years with an implementation program to help make that vision a reality. The 2019 Regional Plan builds off the 2015 plan by continuing to combine two of the agency’s most important regional policy documents: The Regional Comprehensive Plan (RCP) and the Regional Transportation Plan and Sustainable Communities Strategy (RTP/SCS).

This Public Involvement Plan (PIP) is intended to support the development of the 2019 update to San Diego Forward: The Regional Plan, creating a variety of opportunities for individuals, organizations, agencies, and other stakeholders to provide meaningful input. The PIP has been created based on input obtained throughout the development of the 2015 Regional Plan, including feedback from the SANDAG Board of Directors, Policy Advisory Committees, working groups, tribal governments, surveys, a wide variety of communications experts, and our regional stakeholders and partners, including a network of Community Based Organizations (CBOs).

The PIP was drafted using the guidelines provided by the agency’s overall Public Participation Plan (PPP), which provides the foundation for specific public outreach approaches which were developed to support individual projects and programs. In addition, the PIP addresses state outreach requirements as identified in California Senate Bill 375 (Steinberg, 2008) (SB 375) and from the 2017 RTP Guidelines for MPOs prepared by the California Transportation Commission. The PIP describes efforts that SANDAG will undertake to secure input on: priorities for transportation projects, programs, and services; transportation networks; infrastructure recommendations; funding alternatives; policies and programs; performance measures; achievement of greenhouse gas (GHG) emissions reduction targets; and other related issues.

This PIP is intended to be a living document. Because of the fluid nature of public participation, this plan may be updated at major milestones and adjusted in response to issues and circumstances that arise throughout the planning process.

1.1 Background – Regional Plan and its Sustainable Communities Strategy

The Regional Plan is an overarching document that contains several elements, including the Regional Transportation Plan (RTP), a blueprint for our region’s transportation system that enhances quality of life, promotes sustainability, and offers more mobility choices for people and goods. SANDAG is required under federal law to update the RTP every four years. The current plan was adopted in 2015. The SANDAG Board of Directors is expected to adopt the next update in the fall of 2019.

The 2019 Regional Plan will be the third iteration developed under the requirements of Senate Bill 375 (Steinberg) (SB 375). SB 375 took effect in 2009, and is intended to combat climate change by linking transportation and land use planning to GHG reduction targets for cars and light trucks. SB 375 required the San Diego region to cut 7 percent of per capita emissions from cars and light trucks by 2020, and 13 percent by 2035 (from a 2005 baseline). Per SB 375 legislation, these targets, to be updated/reviewed at least every eight years, are under review by the California Air Resources Board and are expected to be updated in fall 2017. The 2019 Regional Plan will be required to comply with updated targets that may result from the review.

3 7 SB 375 requires that the Regional Plan include a Sustainable Communities Strategy (SCS). The SCS outlines how the region will meet its GHG reduction targets through the coordination of land use and transportation, including by creating more compact, walkable, bike-friendly, transit-oriented communities, preserving important habitat and agricultural areas, and promoting a variety of Transportation Demand Management and system management tools and techniques to maximize the efficiency of the transportation network.

2.0 PUBLIC INVOLVEMENT PLAN STRATEGIES AND IMPLEMENTATION TECHNIQUES

This PIP establishes the framework for a dynamic and interactive process to develop and seek input on the Regional Plan. What follows includes a menu of strategies and techniques that may be used in the public outreach process for the Regional Plan.

2.1 Stakeholder Categories

The following is a list of stakeholder categories and interested parties as defined through State and federal requirements pertaining to the development of the Regional Plan. In addition, see Appendix B for a partial list of individuals and organizations that have traditionally participated in long-range planning outreach efforts. That list will be updated throughout the implementation of the PIP.

• Affordable Housing Advocates • Broad-Based Business Organizations • Commercial Property Interests • Congestion Management Agencies • Environmental Advocates • Home Builder Representatives • Homeowner Associations • Landowners • Neighborhood and Community Groups • Transportation Agencies • Transportation Advocates • Transportation Commissions • Public Ports • Tourism • Natural Disaster Risk Reduction Agencies • Military • Tribal Governments • Air Quality Agencies

4 8 2.2 Public Involvement Plan Objectives

The primary goal of the PIP for the 2019 Regional Plan is to engage a broad and diverse cross- section of the San Diego region in the development of the plan. Obtaining this input is critical to creating a plan that reflects the varied needs and interests of San Diego County’s residents and businesses.

The objectives of the PIP are as follows:

• Raise awareness of the plan as the region’s updated blueprint that will guide the way as our region grows in the next 30 years

• Gain meaningful input from a broad range of individuals, organizations, agencies, and local governments throughout the Regional Plan development and decision-making process

• Make proactive efforts to involve communities and members of the public that have traditionally not participated in public planning efforts

• Meet or exceed local, state, and federal guidelines and requirements for public involvement in the development of the Regional Plan

• Create an inclusive process that leads to broad support for policies, projects, and programs outlined in the Regional Plan

2.3 Public Involvement Plan Strategies

The following strategies will be implemented to achieve the objectives identified above:

• Provide timely and accessible public information about the Regional Plan to a broad range of regional stakeholders

• Make public information accessible in a variety of formats and languages, use easy-to- understand language and concepts that interested people can related to on a personal level, and use a variety of media, including innovative visualization techniques

• Provide a variety of opportunities for the public to be involved, and use technology to reach stakeholders who may not be inclined to participate in traditional outreach methods

• Use a variety of tactics to bring the conversation to the public, ranging from in-person interactions (such as pop-up outreach in public places) to engagement via technology (such as smart phones and social media platforms)

• Employ a diverse group of spokespeople to communicate with the public regarding the Regional Plan, including Board members, staff, partner agencies, Community-Based Organizations, and interested stakeholders

• Widely promote opportunities for public input to reach a broad and diverse audience • Communicate the decision-making process to stakeholders and indicate how their input is utilized in the development of the plan

• Document and address public comments received during the public involvement process • Disseminate information to related agencies, metropolitan planning organizations, and engaged sectors throughout the state of California and the nation

5 9 • Assess the effectiveness of the PIP at key milestones (i.e., following workshops or release of draft documents) to evaluate how the strategies and tactics worked and what enhancements could be made for future phases

2.4 Public Involvement Plan Techniques and Activities

The PIP proposes six main approaches for implementing the strategies above in coordination with key milestones in the development of the Regional Plan:

• Research: Focus groups, roundtable discussions, public opinion surveys • Public information: Written materials, public notices, Board reports, presentations, summary documents

• Face-to-face interactions: SANDAG Board and committee meetings, briefings, small group meetings, community event information booths, public workshops

• Community-Based Organizations (CBOs): Partnership network with regional CBOs to reach low income and minority communities

• Web-based interactive communications: Website, extensive social media, e-newsletters, text, “virtual” public workshops, visualizations

• Media: Earned media, media partnerships, paid media

2.4.1 Research

In order to gauge public knowledge and opinion about issues related to regional planning, focus groups, roundtable discussions, and public opinion surveys may be conducted at the outset of the public involvement program. This research could help identify key topics and the most effective means of public engagement. Additional focus groups and surveys may be conducted as the planning process unfolds to determine the effectiveness of the outreach effort and identify opportunities for improvement. The information gained from this research could help SANDAG make adjustments, as needed, to optimize the outreach effort and inform future outreach processes. Board or policy committee members could serve as subregional ambassadors for some of these outreach efforts.

2.4.2 Public Information

Create and distribute clear, concise, and engaging information to support public involvement efforts. These materials will have a consistent look and feel, reflecting the branding developed for the plan.

Below is a menu of materials that may be used to provide information about the plan and its components; the development process; why this process is relevant to the region’s residents; and information about how, when, and why stakeholders should get involved. All materials will be written in easy-to-understand terms with limited jargon, and provided in Spanish or other languages/formats as needed. Materials will be distributed via a range of channels, including electronically (e-mail, text, and website); at presentations, meetings, and events; at community locations (libraries, recreation centers, senior centers, and stores); and in the media (both social media and traditional media, including notices and advertisements). Materials will be updated as needed throughout the process.

6 10 • Project fact sheet: Basic information about the Regional Plan, its components, purpose, timeline, and information on how to get involved. (Translated into Spanish, with translation to other languages available upon request.)

• Project brochure: Engaging images, a summary of opportunities for public involvement, key messages, and basic information about the Regional Plan and its timeline. (Translated into Spanish, with translation to other languages available upon request.)

• Multimedia presentation: An interactive and engaging presentation for speakers bureau opportunities, intended to explain and draw people into the planning process, encouraging individuals and organizations to get involved

• QuickGuide: A brief document outlining the Regional Plan’s goals, objectives, planning investments, and implementation strategy. A graphics heavy document providing a brief summary of the contents of the Regional Plan that is reader friendly and available in both English and Spanish.

• Public notices: Notices for public meetings and opportunities for public comment published via a variety media outlets, advertisements, and printed materials targeting all segments of the region’s population.

• Frequently Asked Questions: Addressing the most common questions about the plan and its components.

• Phone line and e-mail address: A dedicated phone line and e-mail account, providing easy methods for the public to make comments and ask questions.

2.4.3 Face-to-Face Interactions

Public involvement efforts can be used to create opportunities for SANDAG to interact directly with stakeholders in a variety of formats. Translation services will be provided as needed for presentations, public workshops, and events. Face-to-face public outreach opportunities include:

• Presentations to SANDAG Board, Policy Advisory Committees, and Working Groups Presentations to the SANDAG Board, Policy Advisory Committees, and Working Groups throughout the process will provide updates on plan development, share input received from the public, and receive policy direction. These meetings are open to the public and provide ongoing opportunities for discussion and input at multiple stages of the planning process. A wide variety of public stakeholders sit on numerous SANDAG working groups, which range in topic area from energy, to disabled access, to housing, to environmental preservation, and bicycle- and pedestrian-related issues.

• Stakeholder Interviews/Briefings Conduct informal interviews/briefings with key stakeholders. These interviews/briefings provide an opportunity to share information about the plan and its purpose, as well as seek input about how stakeholder groups would like to be involved in the process and what public involvement strategies are the most effective with their respective constituencies.

7 11 • Speakers Bureau Engage in a proactive effort to offer presentations about the plan to a variety of organizations throughout the region. These groups may include community planning groups, chambers of commerce, environmental organizations, transportation advocacy groups, community collaboratives, CBOs, ethnic organizations, civic organizations, trade organizations, professional organizations, and others. The purpose of these presentations is to educate the public about the planning process, receive public input, and promote opportunities for public involvement.

• Public Workshops/Open Houses Conduct public workshops/open houses at important milestones during the plan development to solicit input. Online/interactive versions of these public workshops also may be made available. At least one workshop will be conducted in conjunction with the agency’s Baja California counterparts in coordination with the SANDAG Borders Committee and the Committee on Binational Regional Opportunities (COBRO). In addition, a Tribal Summit and tribal consultation activities will be held as part of the development of the Regional Plan. SANDAG Board and policy committee members could serve as event facilitators to help focus the conversation around both regional and local issues.

• Presentations to City Councils, the County Board of Supervisors, and Planning Commissions Seek to make presentations to local city councils, the Board of Supervisors, planning commissions, and other planning-related organizations.

• Stakeholder Discussion Sessions on Rotating Topics Host regular “stakeholder discussion sessions” addressing various topics and sections of the plan at key milestones during the process. The purpose of these discussion sessions would be to seek high-level input from those who are knowledgeable about the planning process and have specific interests in the plan. While a list of key stakeholders would be developed, these meetings would be open to the public and participants would not be required to attend every meeting. Meeting topics would be determined ahead of time and promoted to the public.

• Participation in Community Events Create a mobile project information booth for use at community events and trade shows. Project information would be available, as well as interactive opportunities for public input, such as mobile kiosks for both educational or survey purposes. For example, an educational project video could run on a loop to provide background information about the planning process, and participants could be provided an opportunity to share their input via an online survey or game using computers at the booth. Events targeting low-income and minority communities would be included to ensure proactive outreach to these audiences.

• Pop-Up Booths Similar to Community event booths, but these pop-up outreach opportunities would take place at everyday public locations such as the grocery store, outside a local library, café, etc., to engage community members traditionally less inclined to participate in the public planning process. This outreach technique affords an opportunity to reach a sector of the public that may not originally have intended to participate in a public planning exercise.

8 12 • Discussions with Mayors and Councilmembers Reach out to leadership throughout the region to seek feedback, input, and opinions during key milestone phases of plan development. Though presentations will be delivered to both the SANDAG Board of Directors and the Policy Advisory Committees, this extra meeting time could allow decision makers to explore topic areas relevant to their jurisdictions more in depth.

• Sub-Regional Stakeholder Groups Create stakeholder groups within each of our subregions. These groups would meet multiple times throughout the process to discuss various aspects of the Regional Plan and draw out specific feedback. That feedback would be documented and its influence tracked as the plan is developed. These sessions also would serve to educate individuals throughout the community about the Regional Plan, creating a secondary group of knowledgeable people able to disseminate information about the Regional Plan throughout the process, as well as encourage further public involvement. SANDAG board members (or other elected officials) from each subregion could participate in the groups, provide leadership, and help encourage sustained engagement.

• Facilitated Outreach Create a program to engage various organizations in facilitated discussions regarding the Regional Plan. SANDAG would make participation in the program available to organizations throughout the region (such as planning groups, business organizations, service groups, professional organizations, advocacy groups, etc.). A SANDAG facilitator and staff members would attend meetings of each organization multiple times (at the beginning, middle, and end of the plan development process) to discuss various aspects of the Regional Plan and draw out specific feedback. That feedback would be documented and its influence tracked as the plan is developed. These sessions also would serve to educate individuals throughout the community about the Regional Plan, creating a large secondary group of knowledgeable people and organizations able to disseminate information about the Regional Plan throughout the process, as well as encourage further public involvement.

• Outreach to Major Employers and Their Employees Develop and implement an outreach effort aimed at reaching the region’s major employment sectors. “Lunch & Learn” sessions would be scheduled to speak directly to the region’s employees and solicit their input. These informative presentations would provide opportunities for the region’s businesspeople and their employees to learn about the Regional Plan on a lunch break and provide input to SANDAG. Employers from the region’s major employment sectors will be targeted (i.e., hospitals, manufacturing, service industry, biotech, military, etc.).

• Outreach to Partner Agencies Work with partner agencies (transportation sector, energy/climate, ports, environment) to access their audiences in the cross-promotion of project objectives/campaigns. This tactic allows both agencies to build a broader network and highlight the interplay between the Regional Plan and partner agency activities.

9 13 • Outreach to/through Local Colleges, Universities, and the Region’s Youth Tap into local high schools and colleges/universities to involve youth, either directly or through already existing school classes and programs. Activities could include interactive planning exercises, educational campaigns and toolkits, public interest surveys geared toward youth and higher education students, interactive text campaigns, etc.

2.4.4 Community-Based Organization Network

Community-based organizations, also known as collaboratives, act as forums for local institutions such as churches, schools, health clinics, ethnic groups, and others to discuss issues of common concern. Due to their convening capacities, community collaboratives are critical to the ability of SANDAG to reach out to underrepresented populations who might not otherwise become involved in the process. Collaboratives provide a culturally relevant structure for developing local protocols, crossing language barriers, and structuring meetings. When members of a collaborative begin to make connections between their local concerns and regional planning efforts, they can begin to understand regional planning in a way that is relevant and meaningful to their communities and convey their input into the regional planning process. To help ensure diverse and direct input into the regional plan, SANDAG will continue and broaden its partnership network with CBOs and collaboratives in critical communities of concern throughout the region. Through competitive contracts awarded by SANDAG, CBOs will be provided with resources to engage their communities in the planning process and tasked with implementing outreach programs appropriate to their community context. The primary goal of the Community-Based Partnership Grant program is to engage and encourage diverse, inclusive, and active public participation from stakeholders in specific communities who traditionally may not have been involved in regional public policy planning processes (e.g., low-income, seniors, minorities, persons with disabilities, and other identified populations). Up to 12 CBOs will form the Community-based Partnership Network, working closely with SANDAG staff on the development of involvement techniques in coordination with other agency public involvement activities being undertaken to help prepare the Regional Plan.

2.4.5 Web-Based Interactive Communications

SANDAG will take advantage of a variety of web-based opportunities to provide information and solicit public involvement in the plan development process. Online opportunities will be translated into additional languages as needed. Additionally, SANDAG can take advantage of linking activities between various outreach platforms (simultaneous online and face-to-face survey data collection, etc.). The following web-based tools may be used as part of the outreach process:

• Regional Plan Website The primary portal for all public information about the project. It will include project information, downloadable public information materials, and electronic versions of project documents. The public will have the opportunity to submit comments through the website, take online surveys, and sign up for the e-newsletter. Online Regional Plan social media also will be linked to the website, as will any other interactive tools employed as part of the outreach process.

• Email Updates Send regular email updates to a list of interested stakeholders, informing them about the ongoing process, upcoming meetings and milestones, and opportunities to take part in the development of the plan.

10 14 • Social Media Engage through Regional Plan pages on Facebook, Twitter, Instagram, LinkedIn, and YouTube to provide information to stakeholders and to receive comments. Social media interactions can include:

o Project videos, TV news coverage about the plan and public involvement process, and videos of public meetings (if available via Regional Plan YouTube channel).

o Public comments and ideas that SANDAG can keep track of through the use of hashtags. Facebook and Instagram can be used for more content-rich posts and to promote events and opportunities for public involvement.

o Boosted posts can help to ensure that the information is shared with wide audience. o Micro-targeting of select groups (transit riders or corridor users, for example) can help reach specific audiences to help tailor messaging and customize interactions.

o Tracking of messages and social media conversation topics to more effectively engage with stakeholders by utilizing different methods (videos, infographics, images, etc.).

o Useful information about existing transportation services (i.e., commute times, construction impacts, etc.) to build social media audience. Those audiences can later be accessed to share information specific to the Regional Plan.

• Interactive Text Messaging For those that opt in, send push-alert style information to those with a mobile device. This tool also serves as a platform to host interactive micro-surveys at major milestones of the Regional Plan update.

• Promote Existing Content Relevant to the Regional Plan Given the wide reach of the Regional Plan, maximize the opportunities to promote existing Working Group, Policy Advisory Committee, and Board staff reports and work efforts to educate the public on the implementation of the current Regional Plan, along with the ongoing work of updating Regional Plan for 2019.

• Visualizations Create visualizations to assist in the planning process, as well as to make the concepts explored in the plan more accessible and easier to understand. Place visualizations on the website.

• Regional plan videos A series of short (30- to 90-second) videos explaining the importance of the plan to the region’s future, why it is relevant to the everyday lives of residents, and how public input will help shape the plan.

• E-newsletter A regular e-newsletter to stakeholders who opt into the Regional Plan interest list describing project updates, promoting opportunities for public involvement, providing a calendar of upcoming events, and featuring links to online survey and social media.

11 15 • Web and text surveys Develop a series of electronic surveys that could be taken via the website and/or text messaging. These surveys will be posted on the website throughout the plan development process. While not statistically significant, these surveys could provide an interactive way for the public to share opinions and give SANDAG a “snapshot” of what visitors to the website are interested in. Surveys may range from larger sample sizes (thousands) to micro-level depending on the nature and intent behind the survey and desired duration. Take advantage of social media and text- based survey platforms to disseminate these surveys. The surveys could be linked to e-newsletters, promoted in written materials and via the media, and used as an interactive experience at community events.

• Survey Data Use election-related data to understand voter profiles and seek geographic-based input on a variety of Regional Plan topics.

• Virtual Public Workshops Conduct online public workshops offered via the Regional Plan website. These virtual workshops could be available for a finite time (e.g., during the public comment period for the environmental document), and comments submitted would become part of the public record. Participants would be provided with project information via video, online versions of handouts and graphics, and/or online presentations. A user-friendly online system for submitting comments would be developed to make the process as simple as possible for stakeholders who wish to use this feature. Custom virtual workshops could be development or integrated into existing platforms (Facebook Live, or Twitter Town Hall).

• Customer Relationship Management Development of a customer relationship management database to help customize and personalize interactions with the public through all touch points, including meetings, emails, social media, workshops, website experience, etc.

• Telephone Town Hall Meetings Conduct telephone town hall meetings on a regional or subregional scale, bringing together thousands of people in conversations to discuss issues and needs related to the Regional Plan. Involve Board members and other elected officials in the calls to encourage wide participation and provide decision makers with direct feedback from the public.

2.4.6 Media

SANDAG will seek coverage from print, broadcast, and online media to communicate information to a broad audience and promote opportunities for the public to get involved.

• Reporter Briefings Host briefings for reporters covering the Regional Plan development process to inform them of the plan and its purpose and ensure they are made aware of the various efforts to engage the public in the plan’s development.

12 16 • Distribute regular press releases/media alerts to local and regional media To promote awareness among the media and foster accurate news coverage, distribute press releases and agenda information to local and regional media outlets, including print, broadcast, and online media. Keep reporters updated on the development and key milestones of the Regional Plan. (A media list is included as Appendix A.)

• Press Conferences/Media Availability Coordinate press conferences and media availability opportunities as needed. Convene press conferences to promote unique and newsworthy milestones and events. Coordinate media availability of SANDAG Board members and other officials after key decision-making milestones.

• Media kit (print and online versions): Key background information for the media to encourage accurate and balanced reporting and public education.

• Pursue Editorial Opportunities Seek opportunities to submit editorial comment about the Regional Plan at milestones throughout the plan development process. For example, an op-ed authored by the chair of the SANDAG Board may be submitted at the launch of the public involvement process to emphasize the importance of public input in the development of the plan.

• Paid Media When appropriate, use paid media to promote the planning process and opportunities for public engagement. This may include print advertising, public service announcements on broadcast media, and online advertising that links back to the Regional Plan website.

• Cultivate a Media Partnership Explore the possibility of cultivating a media partnership or partnerships with local news outlets. These partnerships may include exclusive content for the outlet, joint promotions of events and involvement opportunities, and paid media opportunities.

• Use SANDAG Board Members as Media Ambassadors Work with Board members to serve as media ambassadors encouraging the public to engage in the planning process. Board members may be asked to discuss the Regional Plan in media interviews, on morning TV and radio shows, and author editorial commentary.

• Outreach via Trade Publications and Stakeholder Newsletters Work to place articles about the Regional Plan, its development, its content, etc., in related trade publications locally, as well as statewide and nationally. Seek to place notices and articles in the newsletters and other communications of various interested stakeholders, including civic organizations, advocacy groups, and business/professional organizations.

13 17 3.0 SOCIAL EQUITY, ENVIRONMENTAL JUSTICE, AND COORDINATION WITH OTHER AGENCIES/GOVERNMENTS

3.1 Social Equity and Environmental Justice

Roads, freeways, transit services, and other transportation infrastructure can have a significant effect on the quality of life for a region’s residents by shaping access to housing, jobs, services, and recreational opportunities. Achieving social equity and environmental justice in the context of creating a comprehensive plan for the region is a major goal of SANDAG. It requires making investments that provide all residents, regardless of age, race, color, national origin, income, or physical agility, with opportunities to work, shop, study, be healthy, and play. Without proper planning and development, transportation systems can degrade the quality of life in communities. In addition, the construction of roads, freeways, and rail transit systems has sometimes placed health burdens on lower-income and minority communities. At times, new transportation projects have physically divided communities or impacted access to community services, resulting in social and economic costs. It is important to understand the impacts of transportation and other infrastructure investments on our most vulnerable communities in order to better plan for the future. For these reasons, environmental justice principles and social equity goals are an important consideration in the Regional Plan development process. Promoting social equity and environmental justice in regional planning efforts requires involvement from a wide variety of communities and stakeholders.

The Regional Plan PIP incorporates several approaches for SANDAG to reach low-income and minority groups and others that may face challenges participating in the planning process (such as non-English speakers, individuals with disabilities, and the elderly) to ensure that benefits and burdens are distributed equitably in the region. These techniques include multilingual outreach, public participation conducted in collaboration with community-based organizations, and community planning events that will reach out to communities with high concentrations of low- income or minority residents. SANDAG also will target organizations and media outlets representing these communities to offer information on the Regional Plan, solicit participation and input, and provide a means for communicating with members of these communities. Lists of these organizations and media outlets are included in the media list (Appendix A) and stakeholders list (Appendix B), and will be supplemented while the Regional Plan is under development based on requests from the public and SANDAG awareness of organizations that should be included.

The PIP complies with SANDAG Board Policy No. 025, Title VI of the federal Civil Rights Act of 1964 (42 U.S.C. 2000d), the Americans with Disabilities Act (as defined in Title 49, Part 37, of the United States Code), Executive Order 12898 on Environmental Justice, Executive Order 13166 on Limited English Proficiency, and other relevant laws and guidance to ensure consideration of social equity, environmental justice, and accessibility. SANDAG is committed to ensuring that no person is excluded from participation in, denied the benefits of, or discriminated against under its projects, programs or activities on the basis of race, color, creed, national origin, sex, age, or disability as provided in state and federal law.

Consistent with U.S. Department of Transportation guidance, SANDAG has developed a Language Assistance Plan (LAP) in order to ensure meaningful input opportunities for persons with limited English proficiency. The SANDAG LAP is available on the SANDAG website1 and calls for SANDAG to translate certain vital documents, such as public notices, into Spanish. SANDAG may, at its

1 Language Assistance Plan (August 2015). sandag.org/lap 14 18 discretion, translate documents into additional languages if the nature of the document and the character of the document’s target audience justify additional translation. The LAP provides further guidance for serving limited English-speaking populations.

3.2 Tribal Consultation

SANDAG has implemented a government-to-government framework with the tribal nations in the region based on consultation, cooperation, and collaboration. Tribal nations now have a voice in the decision-making process in regional planning. Through the structure in place which is outlined in the SANDAG PPP, a Tribal Consultation Plan for the Regional Plan has been developed (attached as Appendix C) for the 2019 Regional Plan. This Tribal Consultation Plan was based on the plan developed for the 2015 Regional Plan, reviewed and updated working with the Interagency Technical Working Group on Tribal Transportation Issues and the Board of Directors of the Southern California Tribal Chairmen’s Association. A draft plan was brought to the Borders Committee for review and it was approved by the SCTCA Board at its June 2017 meeting. The plan includes: a set of policy area listening sessions, identifies an approach for collaborating on transportation issues, development of a tribal policy paper to serve as the basis for discussion at the San Diego Regional Tribal Summit, a Regional Tribal Summit between the SANDAG and SCTCA Boards to determine areas of cooperation and concern and to identify strategic actions that can be taken on identified policy issues, and process for the review of the Draft and Final 2019 Regional Plan. The Interagency Technical Working Group on Tribal Transportation Issues will provide direct input at key stages of the transportation planning process.

3.3 Coordination with Mexico

SANDAG will coordinate with Mexico through the SANDAG Board of Directors, the Borders Committee, the Transportation Committee, and COBRO, as well as other groups conducting binational work and groups and organizations based in Mexico. SANDAG will engage these groups and conduct other outreach efforts, as needed, to include joint U.S.-Mexico planning collaboration. Some of these efforts will be conducted in Spanish and/or simultaneous translation services will be made available.

3.4 Collaboration with Military

SANDAG will coordinate with various branches of the military throughout the development of the Regional Plan update via the SANDAG Board of Directors, the Regional Planning Committee, and the Regional Military Working Group. SANDAG will proactively engage these groups to address mutual planning interests including growth management, habitat, transportation, regional growth, housing, water, energy, and other related topics.

3.5 Coordination with California Metropolitan Planning Organizations, Air Quality, and Regional Transportation Planning Agencies

SANDAG will collaborate and exchange information with the Southern California Association of Governments, other metropolitan planning organizations, and regional transportation planning agencies, as well as the California Air Resources Board, on the GHG emission reduction target- setting process and other SB 375 efforts. SANDAG will carry out air quality planning mandates in cooperation with the San Diego County Air Pollution Control District, including conducting interagency consultation for air quality conformity. In addition, SANDAG will coordinate with member agencies and other local governments to disseminate information about the plan development process and encourage public participation.

15 19 4.0 PUBLIC INVOLVEMENT PLAN ASSESSMENT

To assess the effectiveness of the Regional Plan PIP, SANDAG will analyze the results of public involvement efforts conducted at key milestones in the plan development process. These reviews will help SANDAG evaluate public involvement strategies and techniques, and make adjustments as needed. These reviews will include:

• A summary of all outreach efforts and input received • A qualitative assessment of how effective the efforts to obtain input were (i.e., audiences or stakeholders reached, the type of input provided by the stakeholders needed for development of the Regional Plan, etc.)

• A quantitative assessment of the public involvement effort, including the number of meetings/ presentations/events participated in, website hits, number of survey responses, approximate number of people reached, number of comments received, and number of media contacts/ amount of media coverage

• Monitor and track the following public outreach metrics

Table 1 Outreach Performance Metrics for San Diego Forward: The Regional Plan

Metric Baseline – 2050 RTP/SCS Goal for 2019 Regional Plan

Public Workshops Ten workshops Ten workshops

Pre-document consultation Not tracked 5,000 individual remarks

E-newsletter subscribers 5,000 subscribers 5,000 subscribers

Opportunities for • Public workshops • Increase modes of public engagement engagement by 15 percent • Special topic/targeted workshops • Hold at least one bilingual workshop in English and Spanish • Presentations to community groups • Special topic/targeted workshops • Public meetings (SANDAG • Presentations to community Board, Policy Advisory groups Committees, working groups) • Public meetings (SANDAG Board, • Draft documents available Policy Advisory Committees, online working groups)

• Draft documents available online • Online interactive activities to seek input (word cloud, online presentation tool, online comment cards, online videos)

16 20 Metric Baseline – 2050 RTP/SCS Goal for 2019 Regional Plan

Opportunities for • Provide opportunities for engagement (continued) interaction via social media (Facebook, Twitter, and other channels)

• Conduct workshops streamed live via sdforward.com

Web presence • 1,005 average monthly unique • Continue dedicated project page views per month on website Sandag.org/2050RTP web page • Send 10 issues of e-newsletter • RTP e-newsletter distributed • Expand project presence on social (periodically and at key media (SANDAG’s Facebook, milestones) Twitter, and YouTube pages)

• Provide continuous opportunities for comment/interaction on website

• 1,250 average monthly unique page views on sdforward.com

Engaging low income, Eight grants awarded to CBOs to Increase outreach to low income, minority, and senior conduct outreach within minority, and senior communities by populations communities of concern 15 percent

Partnerships • Stakeholders Working Group Continue current partnerships for 2019 Regional Plan • Review by economic stakeholders Engage youth and higher education students

Tribal Consultation Prepare and implement Tribal Prepare and implement Tribal Consultation Plan with Tribal Consultation Plan with Tribal governments, SCTCA, and SANDAG governments, SCTCA, and SANDAG Board of Directors Board of Directors

17 21 5.0 CONNECT WITH SANDAG

SANDAG is committed to a public involvement plan that includes opportunities for interaction with the Board of Directors, other elected officials, local planning and public works directors, business, community, and education leaders, other key stakeholders, and the general public. Public workshops, meetings, and other outreach efforts provide forums for input and feedback on SANDAG policy, program, project, and funding decisions.

Contact SANDAG Regarding the PIP or San Diego Forward: The Regional Plan

For up-to-date news and materials related to the Regional Plan, visit sdforward.com. The website serves as the information portal for all news, community events, and reports related to the plan. Or call (619) 699-1950 or write to Regional Plan at 401 B Street, Suite 800, San Diego CA, 92101.

Contact Our Public Information Office

The public information office is open 8 a.m. to 5 p.m., Monday through Friday. You can reach the public information officer by phone at (619) 699-1950, by email at [email protected], or by visiting SANDAG at 401 B Street, Suite 800, San Diego, CA 92101.

Get on Our Contact Lists

SANDAG maintains email, text, and mailing lists so we can provide information to those who request it. Contact SANDAG at [email protected] or (619) 699-1950 to be added to our contact lists.

Visit sandag.org

The comprehensive SANDAG website is your resource for regional information, project updates, meeting schedules and agendas, and reports and other publications. SANDAG periodically posts surveys and promotes opportunities for online input.

View Our Calendar

Visit sandag.org/calendar for a comprehensive monthly calendar of all Board of Directors and Policy Advisory Committee meetings, working group meetings, ad hoc meetings, public workshops, and more. These meetings are open to the public and agendas are typically posted seven days in advance of the meeting. Meetings will also be listed on the SDForward.com site.

Listen Live to SANDAG Meetings

Most SANDAG Board and Policy Advisory Committee meetings are broadcast via a live audio stream available on the sandag.org home page. For a complete list of meetings, dates, times, and agendas, visit sandag.org/meetings.

18 22 Sign Up to Receive the SANDAG e-newsletter

To subscribe to Region, the SANDAG free monthly e-newsletter, go to sandag.org and enter a valid email address in the box at the bottom left corner of the page. Each month you will receive information to keep you updated on what’s happening in the San Diego region with regard to transportation planning and construction, environmental management, housing, open space, growth, energy, criminal justice, binational topics, and more. To read the latest edition of Region, visit sandag.org/region.

Connect with Us Through Social Media

Stay informed and get involved in the region’s decision-making process. Find us on Facebook at SANDAGRegion, follow us on Twitter @SANDAG, on Instagram at @sandagregion, and subscribe to our YouTube channel at SANDAGRegion.

Visit Our Additional Websites

KeepSanDiegoMoving.com 511sd.com SBXthe125.com sandag.org iCommuteSD.com ShiftSanDiego.com SDForward.com GObyBIKEsd.com

19 23 APPENDIX A: REGIONAL PLAN MEDIA LIST

This list is intended to give a general sense of the media outlets SANDAG will disseminate information to regarding the regional plan development process and public involvement opportunities. It will grow and evolve over time. Any additional media organizations identified during the process that may be interested in the regional plan will be added.

A.1 San Diego County Media Outlets

Alpine Sun Fox 5 News Asia Media Gay + Lesbian Times Good News, Etc. Asian Journal Associated Press Heartland News Hi Sierran Hispanos Unidos Beach & Bay Press Imperial Beach Eagle & Times Indian Voices BIA Builder Update Magazine Biz Informant Julian Journal Julian News San Diego KBNT TV Channel 17 KBZT FM Borrego Sun Business Action Cal KCBQ AM KCEO AM KCR AM KECR AM Regions KECY TV Channel 9 KFMB AM Carlsbad Business Journal KFMB FM KFMB TV KFSD AM KGB FM KGFN FM Carlsbad Patch KGTV Channel 10 KHTS FM Carlsbad Sun Carmel Valley News KICO AM KIFM FM KIOZ FM KKSM AM KLNV FM Chinese News KLQV FM KLSD AM KMYI FM Clairemont Community News KNSD TV (NBC 7/39) KOGO AM CNS City Korea Times KPBS FM Coast News Convisions Coronado Eagle & Journal Coronado Lifestyle Magazine CTN County Television Network CW6 Daily Journal Daily Transcript Del Mar-Carmel Valley Patch Del Mar Times Del Mar Village Voice Diamond Gateway Signature Diario San Diego East County Californian East County Gazette East County Herald News East County News El Latino El Semanario Deportivo Enlace S. D. California Examiner Fact Magazine Filipino Press

20 24 KPBS TV - S.D.S.U. Rancho Santa Fe Review Rental Owner KPRZ AM KQVO FM San Diego AP KROP AM / KSIQ FM KSCF FM San Diego Business Journal San Diego KSDO AM - Hi Favor KSDS FM Christian Examiner San Diego Channel KSON FM San Diego City Beat San Diego Commerce KSWB/ Fox 5 News KURS AM San Diego Community Newspaper Group San KUSI TV KUSS FM Diego Daily Transcript KWST AM/KMXX FM/KSEH FM San Diego Downtown News San Diego Family KXO AM/FM Magazine KYXY FM San Diego Home/Garden & Lifestyles San La Jolla Light La Jolla Patch Diego Jewish Journal La Jolla Village News La Opinion San Diego Lawyer San Diego Living San La Prensa San Diego La Sonrisa Diego Magazine Latina Lemon Grove Patch San Diego Metro Weekly San Diego Mercury News Metropolitan Mira Mesa/Scripps Ranch Sentinel San Diego Metropolitan Uptown Examiner Mission Times Courier San Diego Monitor News Mission Valley News and Views San Diego Newsline San Diego Reader San Navy Dispatch Diego Seniors NBC 739 San Diego Uptown News North County Insider North San Diego Voice & Viewpoint San Diego's County Times North County Voice Learning Channel San Marcos/Vista News North Park News Oceanside San Marcos Sun Santee Patch Magazine Peninsula Beacon San Vicente Valley News Sentinel Magazine Philippine Mabuhay News The Solana Beach Sun Philippines Today Star News Pomerado Newspaper Group Tieng Viet San Diego Tierra Times Poway Patch Today's Local News Tribal TANF newsletter Presidio Sentinel Prime News Uptown-Marquee Ramona Home Journal Ramona U-T San Diego Valley Roadrunner Views Patch Ramona Sentinel Village News Vista Sun Rancho Bernardo News Journal Voice of San Diego Rancho Bernardo Sun We Chinese In America Ranch & Coast Magazine Rancho Santa Fe News

21 25 We Chinese In America Weekend XHTZ FM XPRS FM XLNC FM XLTN FM XPRS XDTV 13 AM XSUR XTRA FM ZETA XEPE AM XETV 6 The CW XEWT Televisa XHAS Telemundo 33 News XHRM FM XHTY Uniradio

A.2 Orange and Riverside County Media Outlets

Los Angeles Times – zoned editions Orange County Business Journal Orange County Register Riverside Press Enterprise The Californian

A.3 Imperial County Media Outlets

Imperial Valley Press

A.4 Tijuana Media Outlets

Baja Times El Mexicano El Sol de Tijuana En Linea Tijuana Frontera La Prensa Mi Enlace Periodico El Latino Tijuana Press Zeta Tijuana

22 26 APPENDIX B: REGIONAL PLAN STAKEHOLDERS LIST

This list is intended to give a general sense of the stakeholders SANDAG will seek to involve in the process of developing the Regional Plan. The list includes individuals and organizations that expressed interest during the initial outreach process that SANDAG conducted to inform the writing of this PIP, as well as those involved in the development of the 2050 Regional Transportation Plan and other outreach efforts SANDAG has conducted. This list should be considered partial, and it will grow and evolve over time. Any additional stakeholders identified during the process that may be interested in the Regional Plan will be added to this list.

AARP San Diego Able-Disabled Advocacy Accessible San Diego Access to Independence Adams Avenue Business Association All Congregations Together Alliance for Habitat Conservation Alpha Project Alpine and Mountain Empire Chamber of Commerce Alta Planning & Design Alzheimer’s and Aging Research Center American Institute of Architects, San Diego American Institute of Architects, San Diego, Urban Design Committee American Lung Association of San Diego American Planning Association, San Diego Section American Society of Landscape Architects Apartment Consultants Inc. Asian Business Association of San Diego Asset Management Group Associated General Contractors of America Association of Environmental Professionals San Diego Automobile Club of Southern California Azalea Park Neighborhood Association Bankers Hill/Park West Community Association Barratt Group Barrio Logan College Institute Barrio Logan Project Area Committee Bayside Community Center Bayview Community Development Corporation BIOCOM Black Mountain Ranch Community Planning Group Bonita Business and Professional Association Bonsall Chamber of Commerce Bonsall Community Sponsor Group Borrego Springs Chamber of Commerce BRIDGE Housing Corporation - Southern California Bronze Triangle CDC Brookfield San Diego Holdings

23 27 Building Industry Association San Diego Building Owners and Managers Association California Air Resources Board California Center for Sustainable Energy California Coastal Coalition California Department of Housing and Community Development California Department of Transportation California Native Plant Society San Diego California Nevada Cement Association California Sustainability Alliance California Trucking Association CALPIRG Cal-Prop Investments & Management Campaign for Affordable Housing Capital Growth Properties Inc. Cardiff-By-The-Sea Chamber of Commerce Carlsbad Chamber of Commerce Carmel Mountain Ranch Community Committee Carmel Valley Community Planning Board Carmel Valley NOW! Casa Familiar Cassidy Turley BRE Commercial Catalyst Network CB Richard Ellis Inc. CDC Commercial Real Estate Center for Supportive Housing Center on Policy Initiatives Centre City Advisory Committee Century 21 Horizon Cherokee Point Neighborhood Association Chicano Federation Chula Vista Chamber of Commerce Chula Vista Community Collaborative Chula Vista Growth Management Oversight Committee Circulate San Diego Citizens Coordinate for Century 3 City Heights Business Association City Heights Community Development Corporation City Heights PAC City of Carlsbad City of Chula Vista City of Coronado City of Del Mar City of El Cajon City of Encinitas City of Escondido City of Imperial Beach City of La Mesa City of Lemon Grove

24 28 City of National City City of Oceanside City of Poway City of San Diego City of San Marcos City of Santee City of Solana Beach City of Vista City of San Diego Disabled Services Advisory Council City/County Reinvestment Task Force CityMark Development Civic San Diego Clairemont Town Council Coalition of Neighborhood Councils College Area Community Planning Board Colliers International Commercial Facilities Inc. Community Associations Institute, San Diego Chapter Community Catalysts of California Community HousingWorks COMPACT ConAm Consulate General of Mexico Corky McMillin Companies Cornerstone Property Management Coronado Chamber of Commerce Corporation for Supportive Housing County and City Libraries County of San Diego County of San Diego Department of Public Works County of San Diego Health and Human Services Agency Covey Commercial CrossBorder Business Cushman & Wakefield, Inc. CW Clark Deaf Community Services Del Mar Chamber of Commerce Del Mar Mesa Community Planning Board Department of Defense Department of Homeland Security Dimex Freight Dole Food Company Downtown San Diego Partnership DR Horton Eagle Aggregates East County Action Network East County Economic Development Corporation Eastern Area Communities Planning Committee

25 29 ECP Commercial El Cajon Business Improvement Association El Cajon Community Collaborative El Cajon Community Development Corporation Elder Housing Complexes Encanto Neighborhoods Community Planning Group Encinitas Chamber of Commerce Endangered Habitats League Environmental Health Coalition Environmental Protection Agency Equinox Center Escondido Chamber of Commerce Environmental Science and Policy - UCSD Evanco Reality Advisors Inc. Fairmont Park Neighborhood Association Fallbrook Chamber of Commerce Family Health Centers of San Diego Family Resource Center FedEx Corporation Federal Highway Administration Filipino-American Chamber of Commerce of San Diego Friends of Adult Day Health Care Centers Friends of Rose Canyon Friends of Tecolote Canyon Friends of the San Diego River Mouth Federal Transit Administration Gaslamp Quarter Association Gateway Property Management Golden Hill Community Development Corporation Golden Triangle Chamber of Commerce Greater Clairemont Chamber of Commerce Greater Clairemont Mesa Chamber of Commerce Greater Golden Hill CDC Greater Golden Hill Planning Committee Greater San Diego Business Association Gay and Lesbian Chamber of Commerce Green Campus Program - UCSD Grossmont Cuyamaca Community College District Hallmark Communities HNTB Corporation Housing Development Partners of San Diego I Love A Clean San Diego IBI Group ICLEI – Local Governments for Sustainability USA International Energy Agency Imperial Beach Chamber of Commerce Imperial County Industrial Environmental Association of San Diego Inland Pacific Commercial Properties

26 30 International Rescue Committee, San Diego International Union of Operating Engineers Local 12 Investment Property Management Group Inc. Irving Hughes It's How We Live J. Whalen and Associates Jacobs Family Foundation JHD Planning Jones Lang LaSalle Julian Chamber of Commerce Justice Overcoming Boundaries Juvenile Diabetes Association of San Diego Kearny Mesa Planning Group Kensington-Talmadge Business Association Ken-Tal Planning Committee Kimball Elementary School KM Realty Inc. La Jolla Community Planning Association La Jolla Golden Triangle Rotary Club La Jolla Shores Association La Jolla Town Council La Jolla Traffic and Transportation Board La Jolla Village Community Council La Maestra Community Health Centers La Mesa Chamber of Commerce Laborers International Union Lakeside Chamber of Commerce Local Agency Formation Commission League of Conservation Voters, San Diego League of Women Voters Ledford Enterprises, Inc. Lee and Associates, Inc. Lemon Grove Chamber of Commerce Linda Vista Collaborative Linda Vista Community Planning Committee Little Italy Association Little Italy Residents Association MAAC Project Meissner Jacquet Investment Management Services Melroy Property Management Metropolitan Transit System Mid-City Community Action Network Mid-City Rotary Club Midway Community Planning Advisory Committee (North) Mira Mesa Chamber of Commerce Miramar Ranch North Planning Committee Mission Beach Town Council Mission Hills Town Council

27 31 Mission Valley Unified Planning Organization NAIOP Commercial Real Estate Development Association - San Diego National City Chamber of Commerce National City School District National University System Institute for Policy Research Navajo Community Planners, Inc. Neighborhood House Association North Bay Redevelopment PAC North County Transit District North Park Community Association North Park Main Street North Park Planning Committee Ocean Beach Community Development Corporation Ocean Beach Town Council Oceanside Chamber of Commerce Oceanside Planning Commission Old Town Community Planning Committee Old Town San Diego Chamber of Commerce Otay Mesa Chamber of Commerce Otay Mesa Nestor Community Planning Group Otay Mesa Planning Group Pacific Beach Community Planning Committee Pacific Beach Town Council Pacific Coast Commercial Paradise Valley Hospital Parent Institute for Quality Education (PiQUE) Peninsula Chamber of Commerce Peninsula Community Planning Board Penn State University Point Loma Association Poway Chamber of Commerce Prescott Companies Professional HOA Consultants, Inc. Psomas Engineering Radelow Gittins Real Property Management, Inc. Rail America Ramona Chamber of Commerce Rancho Bernardo Planning Community Rancho San Diego - Jamul Chamber of Commerce Rancho Santa Fe Association Rapid Transfer Xpress RBF Consulting, Inc. Regional Task Force on the Homeless Sabre Springs Planning Group Samahan Community Health Center San Diego 350 San Diego American Planning Association San Diego and Imperial Counties Labor Council, AFLCIO

28 32 San Diego Apartment Association San Diego Archaeological Society San Diego Association of Realtors San Diego Audubon Society San Diego Bicycle Coalition San Diego Business Improvement District Council San Diego Canyonlands San Diego Capital Collaborative San Diego County Air Pollution Control District San Diego City College Associated Students San Diego Coastal Chamber of Commerce San Diego Coastkeeper San Diego Community Housing Corporation San Diego Convention & Visitors Bureau San Diego Convention Center Corporation San Diego Council of Design Professionals San Diego County Aging and Independence Advisory Council San Diego County Archaeological Society San Diego County Bicycle Coalition San Diego County Farm Bureau San Diego County Hispanic Chamber of Commerce San Diego County Regional Airport Authority San Diego County Taxpayers Association San Diego County Water Authority San Diego Countywide Alliance of Tenants San Diego Downtown Partnership San Diego East County Chamber of Commerce San Diego Fair Housing Council San Diego Foundation San Diego Habitat for Humanity San Diego Housing Commission San Diego Housing Federation San Diego Interfaith Housing Foundation San Diego Jewish Chamber of Commerce San Diego Local Initiatives Support Corporation San Diego North Chamber of Commerce San Diego North Convention and Visitors Bureau San Diego North Economic Development Council San Diego Organizing Project San Diego Redevelopment Agency San Diego Regional Center San Diego Regional Chamber of Commerce San Diego Regional Economic Development Corporation San Diego Regional Sustainability Partnership San Diego River Coalition San Diego River Conservancy San Diego River Park Foundation San Diego Senior Games Association

29 33 San Diego Sierra Club San Diego State University Center for Regional Sustainability San Diego Unified Port District San Diego Urban Economic Corporation San Diego Urban League San Diego Workforce Partnership San Diego World Trade Center San Diego Youth and Community Services San Dieguito River Park San Marcos Chamber of Commerce San Ysidro Business Association San Ysidro Chamber of Commerce San Ysidro Community Planning Group Santee Chamber of Commerce Scripps Health Scripps Miramar Ranch Planning Group SDSU Associated Students SDSU City Planning Department Sempra Utilities Senior Community Centers Serra Mesa Planning Group Shea Homes Sherman Heights Community Center Skyline-Paradise Hills Planning Committee Social Services Transportation Advisory Council Save Our Forest and Ranchlands Solana Beach Chamber of Commerce Solar Turbines South Bay Community Services South County Economic Development Council Southeastern San Diego Planning Group Southern California Housing Development Corporation Southern California Tribal Chairmen’s Association Southwestern College Spectrum Management Spring Valley Chamber of Commerce Spring Valley Youth and Family Coalition St. Vincent de Paul State Farm Insurance Student Sustainability Collective - UCSD Sunrise Property Management Surfrider Foundation Sustainable SDSU Sweetwater ASB Teamsters Union Teralta West Neighborhood Alliance The Accretive Group of Companies The CSA Edge

30 34 The Nature Conservancy, San Diego Office The Olson Co. Tierrasanta Community Council Torrey Hills Community Planning Board Torrey Pines Community Planning Board Torrey Pines Property Management Inc. Transcore Transit Alliance for a Better North County (TABNC) Transportation Corridor Agency Trilar Management Group U.S. Green Building Council UCSD Associated Students UCSD Sustainability Solutions Institute UCSD Systemwide Sustainability UCSD Urban Studies and Planning Department UCSD, Transportation Services ULI San Diego/Tijuana Chapter Union of Pan Asian Communities University City Community Association University City Community Planning Group University City Planning Group University Heights Community Association Uptown Planners Urban League URS Corporation U.S. Department of Defense U.S. Department of Transportation U.S. Environmental Protection Agency USD Sustainability Program Valley Center Chamber of Commerce Valley Center Community Planning Group Veteran Affairs San Diego Healthcare System Vista Chamber of Commerce Voit Companies Wakeland Housing & Development Corp. Watco Companies WildCoast Winzler and Kelly Women in Transportation Seminar Worldtrans

31 35 APPENDIX C: 2019 REGIONAL PLAN – TRIBAL CONSULTATION PLAN

1. Kick-off and Assessment • Convene an informational workshop on the content of San Diego Forward: The Regional Plan (Regional Plan) to establish familiarity with the existing Regional Plan and the role of tribal nations in the regional context.

• Format: Specially convened meeting or incorporated into a Southern California Tribal Chairmen’s Association (SCTCA) Board meeting

2. Convene Leadership Meetings between SANDAG and SCTCA • Engaging the tribal leaders in a smaller setting will enable the leadership to get to know each other prior to the San Diego Regional Tribal Summit (Summit) in April 2018 and facilitate a meaningful dialogue, which can inform the Tribal Consultation Plan for the 2019 Regional Plan, as well as other regional issues such as transportation funding strategies.

3. Policy Area Listening Sessions • Convene series of workshops in summer/fall 2017 to discuss the tribal perspective on collaborative regional policy areas (non-transportation) identified in the Regional Plan including:

 Cultural Resources  Economic Development

 Energy  Environmental Conservation

• These listening sessions would gather subject matter experts from as many of the tribes as possible to meet with SANDAG subject matter experts and generate a dialogue on issues of common concern and potential collaborative strategies for consideration.

• The results from the listening sessions would be brought to the SCTCA Board and SANDAG Borders Committee for discussion, and incorporated into the Summit policy paper.

4. Transportation Issues Collaboration • The Interagency Technical Working Group on Tribal Transportation Issues (Working Group) would serve as the Advisory Group for the transportation elements of the Regional Plan and implementation of the Intraregional Tribal Transportation Strategy developed as a near-term action of the Regional Plan.

• At key decision-making points for the 2019 Regional Plan, the Working Group will provide recommendations to the SCTCA for tribal consideration and relay this input to the SANDAG Transportation Committee through their representation on that Policy Advisory Committee.

• The Working Group will provide a forum for action related to the transportation issues in the Regional Plan, including the inclusion of Long-Range Tribal Transportation Plans in the Regional Plan.

32 36 5. Develop Tribal Policy Paper for Regional Plan

• Based on the outcomes of the series of policy workshops and the Working Group, SANDAG/SCTCA staff will prepare a policy paper on the tribal perspective for the Regional Plan.

• The paper will be taken to the SCTCA Board and Borders Committee for review and comment.

• The policy paper will serve as the basis for discussion at the Summit.

6. Convene San Diego Regional Tribal Summit

• At a timely and meaningful moment in the process of developing the 2019 Regional Plan, the Summit will be convened between the Boards of SANDAG and the SCTCA to discuss key policy issues for inclusion in the Regional Plan and a potential collaborative agenda.

• The discussion will include collaborative strategies and strategic actions that can be taken on identified policy issues.

• The strategic actions agreed upon in the Summit will be included in the Regional Plan, as well as issues of concern to tribal nations.

7. Incorporate Tribal Issues into the Draft Regional Plan

• Collaborate on drafting Tribal Consultation Chapter and other tribal elements in the draft Regional Plan.

• Incorporate strategic actions identified at the Summit.

8. Collaborate on outreach for Draft Regional Plan

• The SCTCA will support outreach to all tribal nations to collect input/comments on the draft 2019 Regional Plan from their tribal communities.

33 37 Attachment 2

Innovative Outreach Roundtable

San Diego Forward: The Regional Plan

May 25, 2017

Meeting Notes

IN ATTENDANCE

Anthony Asolfi, IVC Jamie Patton, Audience Partners

Chris Wahl, Southwest Strategies Jill Golub, BMWL

Rob Pace, HundredX Diane Langager, City of Encinitas

Greg Parks, Katz & Associates Jeff Liu, Southern California Association of Governments Megan Maher, Brown Marketing Strategies

BACKGROUND INFORMATION PROVIDED BY SANDAG STAFF:

General purpose of the Roundtable Discussion

• Staff is preparing for the update of the 2019 Regional Plan (current Plan adopted in October 2015) and is seeking innovative ways to reach a broader audience. In preparation for the Regional Plan update, development of a Public Involvement Plan (PIP) will be informed by the ideas shared today.

• Current outreach approach is reaching a limited audience. Seeking to engage a wider audience, including people not normally engaged in regional planning.

• SANDAG has used a variety of outreach methods, including: telephone town hall meetings, public meetings/workshops, open houses, booths at community events and pop-up outreach, groundbreaking events, press conferences, public hearings, email, social media, digital ads, and other state and federally required outreach.

• Questions as we draft the Regional Plan PIP:

o How can we receive effective input from a wider array of community stakeholders? o How can we receive input and also communicate with the public and engage stakeholders in efficient ways?

o What techniques could we consider when developing outreach strategies for the updating 2019 Regional Plan?

o How do we create efficient two-way communications with our stakeholders? o How can we more effectively communicate long-term transportation projects/plans and reach a wider audience and solicit meaningful input over the lengthy process of developing the Regional Plan?

38 Background of San Diego Forward: The Regional Plan

• Required by federal government every four years • Continuous public outreach over an extended period of time • Outreach provides education and solicits input • The Regional Plan is constrained by expected funds

Potential Technology Impacts to the Transportation Sector

• Planning professionals can say with confidence that autonomous vehicles and other technological advances will disrupt the transportation industry.

• As planners, we need to manage this upcoming change, position ourselves for its arrival, and educate the public on the foreseeable implications.

Stakeholder Considerations

• The San Diego region is very diverse, which poses several challenges when shaping a communications strategy.

• Projects in the Regional Plan are decades in the works (planning, preliminary engineering, environmental, final design, and construction phases) – many until 2050, even though the plan is updated every four years.

• Community stakeholders generally aren’t interested in the planning process details that may matter more to those who work in the industry. Hard to translate planning jargon into a public message, need to shift focus to speak more broadly.

• SANDAG Board ultimately makes decisions. How can we engage a wider audience and communicate interests of these stakeholders to translate into Board action?

• How can we use public input to inform and engage policymakers who may have different interests and perspectives?

• Government agencies typically aren’t as agile as the private sector, various constraints and processes can slow a government agency’s response to ever-changing information.

PANELIST COMMENTS:

Communications Challenges

• 100 percent consensus is hard to reach, especially when outreach/responses are segmented • People usually don’t want to interact with traditional government content – they want to be a part of a conversation that can evolve over time

• People are most interested in what happens in their own community and their values • How to manage expectations? • The changing nature of the communications industry and how news travels (social media versus traditional media outlets)

• How to reach an audience that doesn’t have email or use social media?

39 Choosing the Best Outreach Strategies and Tactics for the Situation

• Microtargeting: Personalizing message is key. Outreach should be specific, rather than aggregated.

• Technology innovations have made it easier to receive feedback and access information – surround sound approach.

• People’s expectations have changed – broadcast communication does not always work; people expect you to go to them and are mainly interested in things relevant to them and their daily lives.

• Difference from before/broadcasting: Now you are entering people’s personal space on social media. They will see your ads next to pictures of their kids, etc.

• It isn’t enough to serve a general message – needs to be more personalized. Transit message to transit riders, etc.

• Two-way dialogue needs to be an ongoing open channel. Make it as easy as possible to be reached: email links online; Facebook, Twitter, email icons for ease of access.

• If asking for feedback, report back on findings in an engaging and timely manner. • Diversity creates necessity for different communications plans to varying communities. Customize visuals, separate tracks, modified focus depending on targeted population.

• Use targeted tools to manage relevancy of information for our diverse audience. • Sustained outreach plan needs to be created that is targeted toward community building, rather than asking community to do tasks that may seem tedious all the time (i.e., watch videos, take surveys, answer questions, etc.)

• By asking for input, stakeholders will likely feel heard and this will build a lasting relationship.

Best Practices for Building a Wide and Diverse Audience

• Pop-up outreach that brings the issues to the audience: Going to movie theaters, community centers, parks, etc.

• Kiosks at community events should be flexible and only borrow 30 seconds to 5 minutes maximum of a person’s time. Develop a quick elevator pitch depending on level of interest.

• How to preserve character of community is important – go to where they are, e.g., recreation centers, youth engagement – YMCAs, etc.

• Use effective data analysis to report results and reach consensus: Example: telephone town halls can build a database for future updates and contact opportunities. Also, choose a data management tool that highlights the individual’s interests and passions so that a more targeted approach can be used for specific engagement efforts.

• Be unselfish in communications – give stakeholders helpful information that is relevant to them, often, so that when you ask for input, you have built a relationship rather than just seen as constantly asking for things. Value given, value received.

• Relationship first, ask later. Build relationship first and engage the public with what they’re interested in first. Pushing vs. pulling – push out information that they might be interested in first, and then pull later to try and receive input.

40 • Less is more – data needs to be collected in a human context, rather than lists of questions, etc. Be aware of survey fatigue.

• Build your social media platform to convey information like people do in one-on-one communications (be personable, be friendly, be helpful).

• Look to other partner agencies: How can SANDAG partner in a way with them that cross-promotes a given outreach effort? Use partners’ audiences to disseminate your message. Grow a network.

• Consider using a CRM (Customer Relationship Management) platform, such as Nation Builder.

o Social media integration o Tagging system for interests, event attended, etc. • Use surveys to gather several inputs:

o Cross tabulations are very important.

Most Effective Use of Social Media

• Use different types of media to engage in messaging– videos, images, gifs, etc. • Follow people on Twitter/ who are living in the region so that they will follow back. • Facebook brand lift study: run campaign for targeted group. • Use Twitter as a forum for input – oftentimes Twitter is used for customer service purposes. Let people know they can reach out to SANDAG via Twitter, and respond promptly.

• Create lookalike audience of people who engage on social media • Tailor social media usage depending on budget. If larger budget, can extend to use LinkedIn, Google display, etc. more. If smaller budget, stick with Facebook/Instagram.

• Social media should be targeted toward the audience’s needs – give them information that is useful for them, focus on them.

• Assess messages, responses, and engagement to determine most effective wording. • Use social media to test questions (traditional 4-month survey process may be obsolete). • Build social media relationship first, ask for info later. • Make stories more human – personalize stories to highlight people and their personal stories. • Host Twitter town hall/Facebook live events to engage and build followers. • Communicate the value of SANDAG and services provided rather than just communicating projects and impacts.

• Content needs to be authentic, not overproduced. • Promote more existing content (staff reports, etc.) on social media.

41 Case Studies: Most Effective Outreach Efforts

• Notre Dame survey example:

o Significant response drop off after 60 seconds taking the survey o Visual impact is important – using emojis/emoticons rather than lengthy text answer choices, vary your medium to keep it interesting

o Relate positive messages to public as well as questions/negative messages o Personalize responses to participants based on positive/negative responses – close the loop at scale

• Use videos as conversation starters: use a video to express why the message is important and should matter to stakeholders

• Optimizing for mobile platforms increases responses: Make it easy to take the survey, make the survey stand out on the page, less text, don’t present it as a survey – e.g., questions directly embedded on page without prompt to take a survey

• Making surveys more “natural” and push messages out more organically to stakeholders • Set up expectation of anonymity or not • Share your successes (i.e., project environmental benefits) even if not needing feedback from the public on those issues to highlight SANDAG credibility and value

• Give people choices of which questions they want to answer, this will cut down on survey time as well

• SCAG RTP input: in person at open houses, also online to account for those unable to attend in person. Good response rate: 500-600 responses within one month

42 AGENDA ITEM NO. 17-06-14 BOARD OF DIRECTORS JUNE 23, 2017 ACTION REQUESTED – INFORMATION

LEGISLATIVE STATUS REPORT File Number 7300400

Introduction

Assembly Bill 805 (AB 805) by Assemblymember Lorena Gonzalez Fletcher (Attachment 1) would make various changes to the governance and voting structures of SANDAG. It also would modify the membership of the San Diego Metropolitan Transit System (MTS) Board of Directors, alter the voting structure of the North County Transit District (NCTD), and provide MTS and NCTD with new taxing authority for public transit purposes.

On April 14, 2017, the Board of Directors voted to oppose AB 805 until and unless there are amendments, and to be open to discussions with the author of the bill. This report provides an update on the major provisions included in AB 805, including related amendments that have been made since its introduction.

On June 9, 2017, the Executive Committee received an update on the status of AB 805. The Committee discussed goals and objectives related to governance, voting structure, and auditing.

Discussion

SANDAG Board of Directors Membership

AB 805 initially required that the Mayor of each city and the Chair of the Board of Supervisors serve as the primary representative on the SANDAG Board of Directors. Other than for the County of San Diego and City of San Diego1, the bill, as amended, provides for the primary representatives of the remaining local governments to be selected by their governing bodies, which is consistent with current practice.

Officers of the Board of Directors

The SANDAG Chair and Vice Chair serve as the officers of the Board of Directors. The Board may create additional officers and elect members to those positions; however, no member may hold more than one office. Pursuant to current SANDAG statutory authority, the Board has established annual terms of office for the Chair and Vice Chair positions.

1 AB 805 would require that the Mayor and Council President serve as the primary and secondary representatives, respectively, for the City of San Diego; and it appears that the Chair of the Board of Supervisors would serve as that jurisdiction’s primary representative.

The proposal included in AB 805 would require that the Mayors of the largest city and the second- largest city alternate between serving as Chair and Vice Chair of the Board for four-year terms. (In terms of current population, the two largest cities in the region are the cities of San Diego and Chula Vista.) Additionally, the Board would be authorized to establish the term of office only for officers of the Board other than the Chair and Vice Chair.

SANDAG Voting Structure

With the exception of the Consent Agenda2 and when otherwise required by statute, all items before the Board of Directors currently require a majority tally vote (one vote per member agency jurisdiction present) as well as a majority of the weighted vote of the member agencies present. The weighted vote is proportional to each jurisdiction’s population as a percentage of the San Diego County region and is limited to a total of 100 votes. Each agency must have at least 1 vote, no agency may have more than 40 votes, and there are no fractional votes.

The governing bodies of the City of San Diego and County of San Diego are authorized to determine how to allocate their weighted votes between their primary and secondary representatives. Historically, the City and County have split these votes equally between their two members.

The weighted vote distribution is calculated based on the State Department of Finance estimates as of May 1 of each year. The current weighted vote distribution is as follows:

Carlsbad 3 Encinitas 2 Poway 1 Chula Vista 8 Escondido 5 San Diego A 20 Coronado 1 Imperial Beach 1 San Diego B 20 County of San Diego A 8 La Mesa 2 San Marcos 3 County of San Diego B 8 Lemon Grove 1 Santee 2 Del Mar 1 National City 2 Solana Beach 1 El Cajon 3 Oceanside 5 Vista 3

AB 805 initially removed the tally vote and would have required only a majority of the weighted vote of members present in order to act on any item. On May 30, 2017, the bill was amended to instead require a majority of the members present for action on any item. However, after a tally vote is taken, AB 805 now would allow a weighted vote to be called by the members of any two jurisdictions. If at least four jurisdictions representing a majority of the weighted vote support the action, the weighted vote would supersede the original action of the Board.

The bill also would mandate that the City of San Diego and County of San Diego allocate their weighted votes equally between their primary and secondary representatives, and would increase the 40 vote per agency cap to 50 votes per agency.3

2 Under current statute, consent items require a majority vote of the members present based on one vote per agency, otherwise known as a tally vote. 3 The original version of AB 805 removed the 40 vote per agency cap in its entirety.

2

It appears that the weighted vote distribution under AB 805 would be modified as follows:

Carlsbad 3 Encinitas 2 Poway 1 Chula Vista 8 Escondido 4 5 San Diego A 21 20 Coronado 1 Imperial Beach 1 San Diego B 21 20 County of San Diego A 7.5 8 La Mesa 2 San Marcos 3 County of San Diego B 7.5 8 Lemon Grove 1 Santee 2 Del Mar 1 National City 2 Solana Beach 1 El Cajon 3 Oceanside 5 Vista 3

SANDAG Policy Advisory Committees

SANDAG currently has five Policy Advisory Committees. Elected officials and designated representatives, as well as voting and advisory (non-voting) members, serve on of the Policy Advisory Committees. Except for the Executive Committee, voting members on the Policy Advisory Committees may be primary, secondary, or alternate members of the Board of Directors.

AB 805 would require that primary voting members on the Executive Committee and proposed new Audit Committee (described below) serve as the respective agency’s primary representative to the Board of Directors.

Among its other responsibilities, the Transportation Committee is statutorily-required to provide a strong focus and commitment to meeting the public transit needs of the San Diego region, set transit funding criteria and recommend transit funding levels, and undertake transit responsibilities resulting from consolidation, as delegated by the board.

AB 805 would add to those responsibilities by requiring the Transportation Committee to develop an annual report that specifies the funds spent explicitly on public transportation and outlines the public transit needs, transit funding criteria, recommended transit funding levels, and additional work on public transit, as delegated to the Transportation Committee by the Board of Directors. The Board would be required to submit this report to the Legislature by July 1 of each year.

Auditing Procedures

As the consolidated agency, Public Utilities Code (PUC) Section 132354.1 requires that the SANDAG Board of Directors arrange for a post audit of the financial transactions and records of SANDAG to be made at least annually by a certified public accountant. Similarly, PUC Section 132104 states that SANDAG, as the San Diego County Regional Transportation Commission, shall cause a post-audit of the financial transactions and records of the Commission and of all revenues expended to be made at least annually by a certified public accountant.

3 The Executive Committee currently oversees the annual financial audit process for SANDAG and its three component units, which include the San Diego County Regional Transportation Commission, SourcePoint, and the Automated Regional Justice Information System. In accordance with this practice, the Director of Finance, utilizing an independent auditor, presents a Comprehensive Annual Financial Report to the Executive Committee and Board of Directors after the close of each fiscal year.

In addition, the TransNet Extension Ordinance created the TransNet Independent Taxpayer Oversight Committee (ITOC), which is composed of seven members of the public who have been selected to serve in specified areas of professional expertise. The ITOC is responsible for:

• Conducting an annual fiscal and compliance audit of all TransNet-funded activities using the services of an independent fiscal auditor to assure compliance with the voter-approved Ordinance and Expenditure Plan. This annual audit covers all recipients of TransNet funds during the fiscal year and evaluates compliance with the maintenance of effort requirement and any other applicable requirements.

• Preparing an annual report to the SANDAG Board of Directors presenting the results of the annual audit process. The report includes an assessment of the consistency of the expenditures of TransNet funds with the Ordinance and Expenditure Plan and any recommendations for improving the financial operation and integrity of the program for consideration by the Board of Directors.

• Conducting triennial performance audits of SANDAG and other agencies involved in the implementation of TransNet-funded projects and programs to review project delivery, cost control, schedule adherence and related activities.

• Participating in the ongoing refinement of the SANDAG transportation system performance measurement process and the project evaluation criteria used in development of the Regional Transportation Plan and in prioritizing projects for funding in the Regional Transportation Improvement Program.

• Reviewing ongoing SANDAG system performance evaluations.

Further, SANDAG employs a Principal Management Internal Auditor that performs various auditing activities in accordance with government auditing standards. The Principal Management Internal Auditor is responsible for the planning, supervision, and oversight of the administrative, financial, operational, and management audits of SANDAG activities and programs; and provides recommendations for consideration in formulating policies and procedures establishing internal management controls, and improving operational and organizational performance. The Principal Management Internal Auditor has unrestricted access to all SANDAG operations, activities, records, and personnel relevant to the performance of audit activities. In addition, the Principal Management Internal Auditor has the authority to investigate any suspected fraud, waste, or abuse within SANDAG.

Language included in AB 805 would create a new Audit Committee, consisting of five voting members with two SANDAG Board members and three members of the public to be appointed by the Board of Directors. The proposed Audit Committee would make a recommendation to the Board of Directors on the contract of the firm conducting the annual financial statement audits; appoint an independent performance auditor, subject to Board approval; and approve an annual audit plan required under AB 805.

4

The legislation would require an independent performance auditor. This proposed auditor would conduct performance audits of all departments, offices, boards, activities, agencies, and programs of SANDAG; prepare annual audit plans; and investigate material claims of financial fraud, waste, or impropriety within SANDAG. The independent performance auditor would serve a term of five years and could only be removed for cause.

In addition, AB 805 would provide the independent performance auditor with “the power to appoint, employ, and remove assistants, employees, and personnel as deemed necessary for the efficient and effective administration of the affairs of the office and to prescribe their duties, scope of authority, and qualifications.” It is not clear whether this authority would be limited to the functions of the auditor or apply to SANDAG in its entirety.

Finally, AB 805 would authorize the independent performance auditor to summon any officer, agent, or employee of SANDAG and examine him or her upon oath or affirmation for certain investigatory purposes. If implemented as written, it appears that this provision could obligate SANDAG, under certain circumstances, to provide employees with legal representation.

Metropolitan Transit System

AB 805 would incorporate statutory changes to the MTS governance structure and authorize the MTS Board to levy up to a half-cent sales tax for “public transit purposes”4 serving the MTS jurisdiction, if approved by a two-thirds vote of the public.

The bill was amended to remove the provision that the Mayors of the largest and second largest cities alternate between serving as the MTS chairperson and vice chairperson every four years. Under current language, the chairperson must be a member of the MTS Board, would be selected by a two- thirds vote of the Board, and would serve a four-year term.

AB 805 initially required that the Mayor of each city serve as the MTS Board member. It now has been amended so that, except for the City of San Diego and Chula Vista, Board members would be appointed individually by their respective city councils. The proposal provides Chula Vista with an additional Board member and has been amended to reinstate the cap on the City of San Diego’s weighted vote (currently 50 percent).

In addition, AB 805 previously eliminated the tally vote at MTS and would have required an affirmative vote of the majority of the weighted vote of the members present for action on any item. The current version of AB 805 has been amended to reinstate the current MTS voting system, which requires a majority tally vote, with the option for a weighted vote to be called by at least two jurisdictions. If at least three jurisdictions representing a majority of the weighted vote support the action, the weighted vote supersedes the original tally vote.

4 Under AB 805, “public transit purposes” includes the public transit responsibilities under the jurisdiction of the board as well as any bikeway, bicycle path, sidewalk, trail, pedestrian access, or pedestrian accessway.

5 North County Transit District AB 805 would modify the NCTD voting system and authorize the NCTD Board to levy up to a half- cent sales tax for “public transit purposes”5 serving the NCTD jurisdiction, if approved by a two-thirds vote of the public. AB 805 proposes the following changes to NCTD:

Similar to MTS, AB 805 previously eliminated the tally vote at NCTD and would have required an affirmative vote of the majority of the weighted vote of the members present. The legislation has been amended to instead require a majority tally vote for action on all items, with the option for a weighted vote to be called by at least two jurisdictions. If at least three jurisdictions representing a majority of the weighted vote support the action, the weighted vote would supersede the original tally vote.

In addition, AB 805 initially required that the Mayors of the respective cities serve on the NCTD Board of Directors, rather than representatives appointed by their governing bodies. This provision now has been removed so that there are no changes to the NCTD Board membership.

Next Steps

AB 805 was passed out of the Assembly on May 31 (by a vote of 50-25) and has been referred to the Senate Committee on Transportation and Housing and Senate Committee on Governance and Finance. Staff will continue to keep the Board of Directors apprised on developments as the bill moves through the legislative process.

GARY L. GALLEGOS Executive Director

Attachment: 1. Assembly Bill 805

Key Staff Contact: Robyn Wapner, (619) 699-1994, [email protected]

5 Under AB 805, “public transit purposes” includes the public transit responsibilities under the jurisdiction of the board as well as any bikeway, bicycle path, sidewalk, trail, pedestrian access, or pedestrian accessway.

6 Attachment 1

AMENDED IN ASSEMBLY MAY 30, 2017 AMENDED IN ASSEMBLY MAY 11, 2017 AMENDED IN ASSEMBLY APRIL 20, 2017 AMENDED IN ASSEMBLY APRIL 6, 2017 AMENDED IN ASSEMBLY MARCH 23, 2017 california legislature—2017–18 regular session

ASSEMBLY BILL No. 805

Introduced by Assembly Member Gonzalez Fletcher (Coauthor: Assembly Member Frazier)

February 15, 2017

An act to amend Sections 120050.2, 120051.6, 120102.5, 125102, 132351.1, 132351.2, 132351.4, 132352.3, 132354.1, and 132360.1 of, to add Article 11 (commencing with Section 120480) to Chapter 4 of Division 11 of, to add Article 9 (commencing with Section 125480) to Chapter 4 of Division 11.5 of, and to repeal Sections 120050.5 and 120051.1 of, the Public Utilities Code, relating to transportation.

legislative counsel’s digest AB 805, as amended, Gonzalez Fletcher. County of San Diego: transportation agencies. (1) Existing law provides for the consolidation of certain regional transportation planning, programming, and related functions in San Diego County from various existing agencies including the San Diego Association of Governments (SANDAG), the San Diego Metropolitan Transit Development Board, also known as the San Diego Metropolitan Transit System (MTS), and the North County Transit District (NCTD).

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Existing law provides for the consolidated agency, commonly known as SANDAG, to be governed by a board of directors of 21 city and county members selected by the governing body of each member agency. This bill would require the mayor and the president of the city council of the City of San Diego to serve on the board. The bill would require the chair of the County of San Diego Board of Supervisors to serve on the board as one of the 2 members from the county board of supervisors. The bill would also revise the selection of alternate members of the board. Existing law, in order for the SANDAG board to act on any item, generally requires a majority vote of the members present on the basis of one vote per agency as well as a weighted vote pursuant to a speci®ed process, except in the case of consent items. This bill would modify the weighted vote process. Existing law provides for SANDAG to have 4 standing policy advisory committees named the executive, transportation, regional planning, and borders committees. This bill would additionally provide for an audit committee with speci®ed responsibilities, including the appointment of an independent performance auditor. The bill would require SANDAG to submit an annual report to the Legislature, developed by its transportation committee, that outlines various matters related to public transit. Existing law provides for the consolidated agency to prepare a regional comprehensive plan containing various elements, as speci®ed. This bill would require the regional comprehensive plan to address greenhouse gas emissions reduction targets set by the State Air Resources Board and would require the plan to include strategies that provide for mode shift to public transportation. (2) Existing law creates MTS and NCTD, with various public transit responsibilities in the southern and northern parts of the County of San Diego, respectively. Existing law provides for MTS to be governed by a board of 15 members generally consisting of city and county representatives selected by member agencies. Existing law provides that the chairperson of the MTS board is a resident of the County of San Diego selected by the board, as speci®ed. This bill would require one of the 4 San Diego City Council members on the MTS board to be the mayor. The bill would grant to the City of Chula Vista a 2nd member, who would be the mayor. The bill would require the chairperson of the MTS board to be selected by the board.

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The bill would also revise the process for selecting alternate members of the MTS board. Existing law generally provides that of®cial acts of the MTS or NCTD board require the af®rmative vote of the majority of the members of the board, except that a weighted vote of the MTS board may be requested pursuant to a speci®ed process. This bill would create a similar weighted voting process for NCTD and modify the weighted voting process for the MTS. Existing law authorizes various transportation agencies, including SANDAG, to impose a transactions and use tax for transportation 2 purposes within its jurisdiction, subject to approval of ¤3 of the voters and various other requirements. Existing law provides for issuance of bonds backed by these tax revenues, as speci®ed. This bill would additionally authorize MTS and NCTD to individually impose a transactions and use tax within their respective portions of the County of San Diego, with revenues to be used for public transit purposes, as speci®ed, serving their jurisdictions, and to issue bonds backed by these tax revenues, subject to similar requirements. (3) By imposing additional requirements on local agencies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows: line 1 SECTION 1. Section 120050.2 of the Public Utilities Code is line 2 amended to read: line 3 120050.2. The board consists of 15 members selected as line 4 follows: line 5 (a) One member of the County of San Diego Board of line 6 Supervisors, appointed by the board of supervisors.

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line 1 (b) One member of each city council appointed individually by line 2 the city councils of the Cities of Coronado, El Cajon, Imperial line 3 Beach, La Mesa, Lemon Grove, National City, Poway, and Santee. line 4 (c) Four members of the City Council of the City of San Diego, line 5 one of whom shall be the mayor, and two members of the City line 6 Council of the City of Chula Vista, one of whom shall be the line 7 mayor, each appointed by their respective city council. line 8 (d) The chairperson of the board shall be selected by a two-thirds line 9 vote of the board, a quorum being present. The chairperson shall line 10 serve for a term of four years, except that he or she is subject to line 11 removal at any time by a two-thirds vote of the board, a quorum line 12 being present. line 13 SEC. 2. Section 120050.5 of the Public Utilities Code is line 14 repealed. line 15 SEC. 3. Section 120051.1 of the Public Utilities Code is line 16 repealed. line 17 SEC. 4. Section 120051.6 of the Public Utilities Code is line 18 amended to read: line 19 120051.6. The alternate members of the board shall be line 20 appointed as follows: line 21 (a) The County of San Diego Board of Supervisors shall appoint line 22 a county supervisor, not already appointed under Section 120051, line 23 who represents one of the two supervisorial districts with the line 24 greatest percentage of its area within the incorporated area of the line 25 County of San Diego within the area under the jurisdiction of the line 26 transit development board as de®ned in Section 120054, to serve line 27 as an alternate member of the transit development board. line 28 (b) The city councils of the cities speci®ed in subdivision (b) line 29 or (c) of Section 120050.2 shall each individually appoint a line 30 member of their respective city councils not already appointed line 31 pursuant to subdivision (b) or (c) of Section 120050.2 to serve as line 32 an alternate member of the transit development board for each line 33 member of the city on the board. line 34 (c) At its discretion, a city council or the county board of line 35 supervisors may appoint a second alternate member, in the same line 36 manner as ®rst alternates are appointed, to serve on the board in line 37 the event that neither a member nor the alternate member is able line 38 to attend a meeting of the board.

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10 Ð 5 Ð AB 805

line 1 (d) An alternate member and second alternate member shall be line 2 subject to the same restrictions and shall have the same powers, line 3 when serving on the board, as a member. line 4 SEC. 5. Section 120102.5 of the Public Utilities Code is line 5 amended to read: line 6 120102.5. (a) A majority of the members of the board line 7 constitutes a quorum for the transaction of business. All of®cial line 8 acts of the board require the af®rmative vote of the majority of the line 9 members of the board present. However, after a vote of the line 10 members is taken, a weighted vote may be called by the members line 11 of any three two jurisdictions. line 12 (b) In the case of a weighted vote, the County of San Diego and line 13 each city shall, in total, exercise 100 votes to be apportioned line 14 annually based on population, except in the case of the City of San line 15 Diego. Each of the four representatives of the City of San Diego 1 line 16 shall exercise 12 ¤2 weighted votes, for a total of 50 votes. The line 17 representatives for the City of Chula Vista shall split the votes line 18 allocated to that city evenly among its representatives. line 19 (c) Approval under the weighted vote procedure requires the line 20 vote of the representatives of not less than three jurisdictions line 21 representing not less than 51 percent of the total weighted vote to line 22 supersede the original action of the board. line 23 (d) When a weighted vote is taken on any item that requires line 24 more than a majority vote of the board, it shall also require the line 25 supermajority percentage of the weighted vote. line 26 (e) For purposes of subdivision (b), the population of the County line 27 of San Diego is the population in the unincorporated area of the line 28 county within the area of jurisdiction of the transit development line 29 board pursuant to Section 120054. line 30 (f) The board shall adopt a policy and procedure to implement line 31 this section. line 32 SEC. 6. Article 11 (commencing with Section 120480) is added line 33 to Chapter 4 of Division 11 of the Public Utilities Code, to read: line 34 line 35 Article 11. Transactions and Use Tax line 36 line 37 120480. (a) A retail transactions and use tax ordinance line 38 applicable in the incorporated and unincorporated territory within line 39 the area of the board pursuant to Section 120054 shall be imposed line 40 by the board in accordance with Section 120485 and Part 1.6

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11 AB 805 Ð 6 Ð

line 1 (commencing with Section 7251) of Division 2 of the Revenue line 2 and Taxation Code, and Section 2 of Article XIIIC of the California line 3 Constitution. The tax ordinance shall take effect at the close of the line 4 polls on the day of election at which the proposition is adopted. line 5 The initial collection of the transactions and use tax shall take line 6 place in accordance with Section 120483. line 7 (b) If, at any time, the voters do not approve the imposition of line 8 the transactions and use tax, this chapter remains in full force and line 9 effect. The board may, at any time thereafter, submit the same, or line 10 a different, measure to the voters in accordance with this chapter. line 11 120481. (a) The board, in the ordinance, shall state the nature line 12 of the tax to be imposed, the tax rate or the maximum tax rate, the line 13 purposes for which the revenue derived from the tax will be used, line 14 and may set a term during which the tax will be imposed. The line 15 purposes for which the tax revenues may be used shall be limited line 16 to public transit purposes serving the area of jurisdiction of the line 17 board, as determined by the board, including the administration line 18 of this division and legal actions related thereto. These purposes line 19 include expenditures for the planning, environmental reviews, line 20 engineering and design costs, and related right-of-way acquisition. line 21 The ordinance shall contain an expenditure plan that shall include line 22 the allocation of revenues for the purposes authorized by this line 23 section. line 24 (b) As used in this section, ªpublic transit purposesº includes line 25 the public transit responsibilities under the jurisdiction of the board line 26 as well as any bikeway, bicycle path, sidewalk, trail, pedestrian line 27 access, or pedestrian accessway. line 28 120482. (a) The county shall conduct an election called by line 29 the board pursuant to Section 120480. line 30 (b) The election shall be called and conducted in the same line 31 manner as provided by law for the conduct of elections by a county. line 32 120483. (a) Any transactions and use tax ordinance adopted line 33 pursuant to this article shall be operative on the ®rst day of the line 34 ®rst calendar quarter commencing more than 110 days after line 35 adoption of the ordinance. line 36 (b) Prior to the operative date of the ordinance, the board shall line 37 contract with the State Board of Equalization to perform all line 38 functions incident to the administration and operation of the line 39 ordinance. The costs to be covered by the contract may also include line 40 services of the types described in Section 7272 of the Revenue

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12 Ð 7 Ð AB 805

line 1 and Taxation Code for preparatory work up to the operative date line 2 of the ordinance. Any disputes as to the amount of the costs shall line 3 be resolved in the same manner as provided in that section. line 4 120484. The revenues from the taxes imposed pursuant to this line 5 article may be allocated by the board for public transit purposes line 6 consistent with the applicable regional transportation improvement line 7 program and the applicable regional transportation plan. line 8 120485. The board, subject to the approval of the voters, may line 9 impose a maximum tax rate of one-half of 1 percent under this line 10 article and Part 1.6 (commencing with Section 7251) of Division line 11 2 of the Revenue and Taxation Code. The board shall not levy the line 12 tax at a rate other than one-half or one-fourth of 1 percent unless line 13 speci®cally authorized by the Legislature. line 14 120486. The board, as part of the ballot proposition to approve line 15 the imposition of a retail transactions and use tax, may seek line 16 authorization to issue bonds payable from the proceeds of the tax. line 17 120487. Any action or proceeding wherein the validity of the line 18 adoption of the retail transactions and use tax ordinance provided line 19 for in this article or the issuance of any bonds thereunder or any line 20 of the proceedings in relation thereto is contested, questioned, or line 21 denied, shall be commenced within six months from the date of line 22 the election at which the ordinance is approved; otherwise, the line 23 bonds and all proceedings in relation thereto, including the adoption line 24 and approval of the ordinance, shall be held to be valid and in line 25 every respect legal and incontestable. line 26 120488. The board has no power to impose any tax other than line 27 the transactions and use tax imposed upon approval of the voters line 28 in accordance with this article. line 29 SEC. 7. Section 125102 of the Public Utilities Code is amended line 30 to read: line 31 125102. (a) A majority of the members of the board constitutes line 32 a quorum for the transaction of business. All of®cial acts of the line 33 board require the af®rmative vote of the majority of the members line 34 of the board present. However, after a vote of the members is taken, line 35 a weighted vote may be called by any three two members. line 36 (b) In the case of a weighted vote, the County of San Diego and line 37 each city shall, in total, exercise 100 votes to be apportioned line 38 annually based on population. line 39 (c) Approval under the weighted vote procedure requires the line 40 vote of the representatives of not less than three jurisdictions

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13 AB 805 Ð 8 Ð

line 1 representing not less than 51 percent of the total weighted vote to line 2 supersede the original action of the board. line 3 (d) When a weighted vote is taken on any item that requires line 4 more than a majority vote of the board, it shall also require the line 5 supermajority percentage of the weighted vote. line 6 (e) For purposes of subdivision (b), the population of the County line 7 of San Diego is the population in the unincorporated area of the line 8 county within the area of jurisdiction of the board pursuant to line 9 Section 125052. line 10 (f) The board shall adopt a policy and procedure to implement line 11 this section. line 12 SEC. 8. Article 9 (commencing with Section 125480) is added line 13 to Chapter 4 of Division 11.5 of the Public Utilities Code, to read: line 14 line 15 Article 9. Transactions and Use Tax line 16 line 17 125480. (a) A retail transactions and use tax ordinance line 18 applicable in the incorporated and unincorporated territory within line 19 the area of the board pursuant to Section 125052 shall be imposed line 20 by the board in accordance with Section 125485 and Part 1.6 line 21 (commencing with Section 7251) of Division 2 of the Revenue line 22 and Taxation Code, and Section 2 of Article XIIIC of the California line 23 Constitution. The tax ordinance shall take effect at the close of the line 24 polls on the day of election at which the proposition is adopted. line 25 The initial collection of the transactions and use tax shall take line 26 place in accordance with Section 125483. line 27 (b) If, at any time, the voters do not approve the imposition of line 28 the transactions and use tax, this chapter remains in full force and line 29 effect. The board may, at any time thereafter, submit the same, or line 30 a different, measure to the voters in accordance with this chapter. line 31 125481. (a) The board, in the ordinance, shall state the nature line 32 of the tax to be imposed, the tax rate or the maximum tax rate, the line 33 purposes for which the revenue derived from the tax will be used, line 34 and may set a term during which the tax will be imposed. The line 35 purposes for which the tax revenues may be used shall be limited line 36 to public transit purposes serving the area of jurisdiction of the line 37 board, as determined by the board, including the administration line 38 of this division and legal actions related thereto. These purposes line 39 include expenditures for the planning, environmental reviews, line 40 engineering and design costs, and related right-of-way acquisition.

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14 Ð 9 Ð AB 805

line 1 The ordinance shall contain an expenditure plan that shall include line 2 the allocation of revenues for the purposes authorized by this line 3 section. line 4 (b) As used in this section, ªpublic transit purposesº includes line 5 the public transit responsibilities under the jurisdiction of the line 6 district as well as any bikeway, bicycle path, sidewalk, trail, line 7 pedestrian access, or pedestrian accessway. line 8 125482. (a) The county shall conduct an election called by line 9 the board pursuant to Section 125480. line 10 (b) The election shall be called and conducted in the same line 11 manner as provided by law for the conduct of elections by a county. line 12 125483. (a) Any transactions and use tax ordinance adopted line 13 pursuant to this article shall be operative on the ®rst day of the line 14 ®rst calendar quarter commencing more than 110 days after line 15 adoption of the ordinance. line 16 (b) Prior to the operative date of the ordinance, the board shall line 17 contract with the State Board of Equalization to perform all line 18 functions incident to the administration and operation of the line 19 ordinance. The costs to be covered by the contract may also include line 20 services of the types described in Section 7272 of the Revenue line 21 and Taxation Code for preparatory work up to the operative date line 22 of the ordinance. Any disputes as to the amount of the costs shall line 23 be resolved in the same manner as provided in that section. line 24 125484. The revenues from the taxes imposed pursuant to this line 25 article may be allocated by the board for public transit purposes line 26 consistent with the applicable regional transportation improvement line 27 program and the applicable regional transportation plan. line 28 125485. The board, subject to the approval of the voters, may line 29 impose a maximum tax rate of one-half of 1 percent under this line 30 article and Part 1.6 (commencing with Section 7251) of Division line 31 2 of the Revenue and Taxation Code. The board shall not levy the line 32 tax at a rate other than one-half or one-fourth of 1 percent unless line 33 speci®cally authorized by the Legislature. line 34 125486. The board, as part of the ballot proposition to approve line 35 the imposition of a retail transactions and use tax, may seek line 36 authorization to issue bonds payable from the proceeds of the tax. line 37 125487. Any action or proceeding wherein the validity of the line 38 adoption of the retail transactions and use tax ordinance provided line 39 for in this article or the issuance of any bonds thereunder or any line 40 of the proceedings in relation thereto is contested, questioned, or

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15 AB 805 Ð 10 Ð

line 1 denied, shall be commenced within six months from the date of line 2 the election at which the ordinance is approved; otherwise, the line 3 bonds and all proceedings in relation thereto, including the adoption line 4 and approval of the ordinance, shall be held to be valid and in line 5 every respect legal and incontestable. line 6 125488. The board has no power to impose any tax other than line 7 the transactions and use tax imposed upon approval of the voters line 8 in accordance with this article. line 9 SEC. 9. Section 132351.1 of the Public Utilities Code is line 10 amended to read: line 11 132351.1. (a) A board of directors consisting of 21 members line 12 shall govern the consolidated agency. line 13 (b) For purposes of this chapter, ªgoverning bodyº means the line 14 board of supervisors, council, council and mayor where the mayor line 15 is not a member of the council, authority, trustees, director, line 16 commission, committee, or other policymaking body, as line 17 appropriate, that exercises authority over an entity represented on line 18 the board of the consolidated agency. line 19 (c) All powers, privileges, and duties vested in or imposed upon line 20 the consolidated agency shall be exercised and performed by and line 21 through a board of directors provided, however, that the exercise line 22 of all executive, administrative, and ministerial power may be line 23 delegated and redelegated by the board, to any of the of®ces, line 24 of®cers, or committees created pursuant to this chapter or created line 25 by the board acting pursuant to this chapter. line 26 (d) The board shall be composed of one primary representative line 27 selected by the governing body of each city in the county and the line 28 chair of the San Diego County Board of Supervisors. However, line 29 the City of San Diego and the County of San Diego shall each line 30 have a primary and secondary representative, which for the City line 31 of San Diego shall be the mayor of the City of San Diego and the line 32 president of the city council. Each director shall be a mayor, line 33 councilperson, or supervisor, as applicable, of the governing body line 34 that selected him or her, and shall serve until recalled by the line 35 governing body of the city or county. Vacancies shall be ®lled in line 36 the same manner as originally selected. Each city or county shall line 37 also select one alternate to serve on the board when the primary line 38 or secondary representative, if applicable, is not available. The line 39 alternate shall be subject to the same restrictions and have the same line 40 powers, when serving on the board, as the representative for whom

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16 Ð 11 Ð AB 805

line 1 he or she is substituting. The alternate shall be a mayor, line 2 councilperson, or supervisor, as applicable, of his or her governing line 3 body. line 4 (e) Notwithstanding subdivision (d), in those years when the line 5 chair of the San Diego County Board of Supervisors is from a line 6 district that is substantially an incorporated area, a supervisor who line 7 represents a district that is substantially an unincorporated area line 8 shall be appointed to the board as the secondary representative. line 9 Alternatively, in those years when the chair of the San Diego line 10 County Board of Supervisors is from a district that is substantially line 11 an unincorporated area, a supervisor who represents a district that line 12 is substantially an incorporated area shall be appointed to the board line 13 as the secondary representative. line 14 (f) At its discretion, each city or county may select a second line 15 alternate, in the same manner as the ®rst alternate, to serve on the line 16 board in the event that neither the primary representative nor the line 17 ®rst alternate is able to attend a meeting of the board. This alternate line 18 shall be subject to the same restrictions and have the same powers, line 19 when serving on the board, as the primary representative. line 20 (g) The board may allow for the appointment of advisory line 21 representatives to sit with the board but in no event shall those line 22 representatives be allowed a vote. The current advisory line 23 representatives to the San Diego Association of Governments may line 24 continue their advisory representation on the consolidated agency line 25 at the discretion of their governing body. The governing bodies of line 26 the County of Imperial and the cities in that county may line 27 collectively designate an advisory representative to sit with the line 28 board. line 29 SEC. 10. Section 132351.2 of the Public Utilities Code is line 30 amended to read: line 31 132351.2. (a) A majority of the member agencies constitute line 32 a quorum for the transaction of business. In order to act on any line 33 item, the af®rmative vote of the majority of the members of the line 34 board present is required. However, after a vote of the members line 35 is taken, a weighted vote may be called by the members of any line 36 four two jurisdictions. line 37 (b) The governing body of the City of San Diego and the County line 38 of San Diego shall allocate their weighted votes equally between line 39 their primary and secondary members.

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17 AB 805 Ð 12 Ð

line 1 (c) For the weighted vote, there shall be a total of 100 votes, line 2 except additional votes shall be allowed pursuant to subdivision line 3 (h). Each member agency shall have that number of votes line 4 determined by the following apportionment formula, provided that line 5 each agency shall have at least one vote, no agency shall have line 6 more than 50 votes, and there shall be no fractional votes: line 7 (1) If any agency has 50 percent or more of the total population line 8 of the San Diego County region, allocate 50 votes to that agency line 9 and follow paragraph (2), and if not, follow paragraph (3). line 10 (2) Total the population of the remaining agencies determined line 11 in paragraph (1) and compute the percentage of this total that each line 12 agency has. line 13 (A) Multiply each percentage derived above by 50 to determine line 14 fractional shares. line 15 (B) Boost fractions that are less than one to one and add the line 16 whole numbers. line 17 (C) If the answer to subparagraph (B) is 50, drop all fractions line 18 and the whole numbers are the votes for each agency. line 19 (D) If the answer to subparagraph (B) is less than 50, the line 20 remaining vote is allocated one each to the agency having the line 21 highest fraction excepting those whose vote was increased to one line 22 pursuant to subparagraph (B). line 23 (E) If the answer to subparagraph (B) is more than 50, the excess line 24 vote is taken one each from the agency with the lowest fraction. line 25 In no case shall a vote be reduced to less than one. line 26 (3) Total the population determined in paragraph (1) and line 27 compute the percentage of this total that each agency has. line 28 (A) Boost fractions that are less than one to one and add the line 29 whole numbers. line 30 (B) If the answer to subparagraph (A) is 100, drop all fractions line 31 and the whole numbers are the votes for each agency. line 32 (C) If the answer to subparagraph (A) is less than 100, the line 33 remaining vote is allocated one each to the agency having the line 34 highest fraction excepting those whose vote was increased to one line 35 pursuant to subparagraph (A). line 36 (D) If the answer to subparagraph (A) is more than 100, the line 37 excess vote is taken one each from the agency with the lowest line 38 fraction. In no case shall a vote be reduced to less than one.

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line 1 (d) When a weighted vote is taken on any item that requires line 2 more than a majority vote of the board, it shall also require the line 3 supermajority percentage of the weighted vote. line 4 (e) Approval under the weighted vote procedure requires the line 5 vote of the representatives of not less than four jurisdictions line 6 representing not less than 51 percent of the total weighted vote to line 7 supersede the original action of the board. line 8 (f) For purposes of subdivision (c), the population of the County line 9 of San Diego is the population in the unincorporated area of the line 10 county. line 11 (g) The weighted vote formula under subdivision (c) shall be line 12 recomputed every July 1. line 13 (h) Any newly incorporated city shall receive one vote under line 14 the weighted vote procedure until the next recomputation of the line 15 weighted vote formula under subdivision (c), at which time the line 16 new agency shall receive votes in accordance with the recomputed line 17 formula. Until this recomputation, the total weighted vote may line 18 exceed 100. line 19 SEC. 11. Section 132351.4 of the Public Utilities Code is line 20 amended to read: line 21 132351.4. (a) The consolidated agency shall have ®ve standing line 22 policy advisory committees named the executive, transportation, line 23 regional planning, borders, and audit committees. The line 24 responsibilities of the committees shall be established by the board. line 25 Committee membership may be expanded by the consolidated line 26 agency, and shall be selected in accordance with a process line 27 established by the consolidated agency. The membership shall be line 28 as follows: line 29 (1) The executive committee shall consist of six voting members line 30 with board members representing east county, north county coastal, line 31 north county inland, south county, and the representative, or the line 32 representative's alternate in their absence, from the City of San line 33 Diego and the county. The chairperson and the vice chairperson line 34 of the consolidated agency shall each be one of the six voting line 35 members. line 36 (2) (A) The transportation committee shall consist of nine voting line 37 members with board members or alternates representing east line 38 county, north county coastal, north county inland, south county line 39 and the mayor or a council member from the City of San Diego, line 40 a supervisor from the County of San Diego, a member of the board

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line 1 of the MTDB appointed by the board of the MTDB, a member of line 2 the board of the NCTD appointed by the board of the NCTD, and line 3 a member of the San Diego County Regional Airport Authority line 4 appointed by the airport authority. line 5 (B) Among its transportation responsibilities, the transportation line 6 committee shall provide a strong focus and commitment to meeting line 7 the public transit needs of the San Diego region, set transit funding line 8 criteria and recommend transit funding levels, and undertake transit line 9 responsibilities resulting from consolidation, as delegated by the line 10 board. line 11 (C) The board shall provide a report, developed by the line 12 transportation committee, to the Legislature on or before July 1 of line 13 each year that outlines the public transit needs, transit funding line 14 criteria, recommended transit funding levels, and additional work line 15 on public transit, as delegated to the transportation committee by line 16 the board. The report shall specify the funds spent explicitly on line 17 public transportation. The report shall be submitted consistent with line 18 Section 9795 of the Government Code. line 19 (3) The regional planning committee shall consist of six voting line 20 members with board members or alternates representing east line 21 county, north county coastal, north county inland, south county, line 22 and the mayor or a council member from the City of San Diego, line 23 and a supervisor from the County of San Diego. line 24 (4) The borders committee shall consist of seven voting line 25 members with board members or alternates representing east line 26 county, north county coastal, north county inland, south county, line 27 the mayor or a council member from the City of San Diego, a line 28 supervisor from the County of San Diego, and a mayor, council line 29 member, or supervisor from the County of Imperial. line 30 (5) The audit committee shall consist of ®ve voting members line 31 with two board members and three members of the public to be line 32 appointed by the board. The audit committee shall recommend to line 33 the board the contract of the ®rm conducting the annual ®nancial line 34 statement audits and the hiring of the independent performance line 35 auditor and approve the annual audit plan after discussion with the line 36 independent performance auditor pursuant to subdivision (b) of line 37 Section 132354.1. line 38 (b) The board may appoint other standing and ad hoc working line 39 groups to advise it in carrying out its responsibilities.

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line 1 (c) No board member may serve as a member of more than two line 2 standing policy advisory committees at any one time, except those line 3 board members serving on the audit committee. line 4 SEC. 12. Section 132352.3 of the Public Utilities Code is line 5 amended to read: line 6 132352.3. The of®cers of the board are the chairperson and line 7 the vice chairperson. The mayors of the largest city and the line 8 second-largest city shall alternate between serving as chairperson line 9 and vice chairperson for four-year terms. The board may create line 10 additional of®cers and elect members to those positions. However, line 11 no member may hold more than one of®ce. The term of of®ce for line 12 any of®cers of the board other than the chairperson and the vice line 13 chairperson shall be established by the board. line 14 SEC. 13. Section 132354.1 of the Public Utilities Code is line 15 amended to read: line 16 132354.1. (a) The board shall arrange for a post audit of the line 17 ®nancial transactions and records of the consolidated agency to line 18 be made at least annually by a certi®ed public accountant. line 19 (b) (1) The audit committee shall appoint an independent line 20 performance auditor, subject to approval by the board, who may line 21 only be removed for cause by a vote of at least two-thirds of the line 22 audit committee and the board. line 23 (2) The independent performance auditor shall have authority line 24 to conduct or to cause to be conducted performance audits of all line 25 departments, of®ces, boards, activities, agencies, and programs of line 26 the consolidated agency. The auditor shall prepare annually an line 27 audit plan and conduct audits in accordance therewith and perform line 28 those other duties as may be required by ordinance or as provided line 29 by the California Constitution and general laws of the state. The line 30 auditor shall follow government auditing standards. All of®cers line 31 and employees of the consolidated agency shall furnish to the line 32 auditor unrestricted access to employees, information, and records, line 33 including electronic data, within their custody regarding powers, line 34 duties, activities, organization, property, ®nancial transactions, line 35 contracts, and methods of business required to conduct an audit line 36 or otherwise perform audit duties. It is also the duty of any line 37 consolidated agency of®cer, employee, or agent to fully cooperate line 38 with the auditor, and to make full disclosure of all pertinent line 39 information.

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line 1 (3) The auditor shall have the power to appoint, employ, and line 2 remove assistants, employees, and personnel as deemed necessary line 3 for the ef®cient and effective administration of the affairs of the line 4 of®ce and to prescribe their duties, scope of authority, and line 5 quali®cations. line 6 (4) The auditor may investigate any material claim of ®nancial line 7 fraud, waste, or impropriety within the consolidated agency and line 8 for that purpose may summon any of®cer, agent, or employee of line 9 the consolidated agency, any claimant, or other person, and line 10 examine him or her upon oath or af®rmation relative thereto. All line 11 consolidated agency contracts with consultants, vendors, or line 12 agencies will be prepared with an adequate audit provision to allow line 13 the auditor access to the entity's records needed to verify line 14 compliance with the terms speci®ed in the contract. Results of all line 15 audits and reports shall be made available to the public in line 16 accordance with the requirements of the California Public Records line 17 Act (Chapter 3.5 (commencing with Section 6250) of Division 7 line 18 of the Title 1 of the Government Code). line 19 (c) The board shall develop and adopt internal control guidelines line 20 to prevent and detect ®nancial errors and fraud based on the internal line 21 control guidelines developed by the Controller pursuant to Section line 22 12422.5 of the Government Code and the standards adopted by line 23 the American Institute of Certi®ed Public Accountants. line 24 (d) The board shall develop and adopt an administration policy line 25 that includes a process to conduct staff performance evaluations line 26 on a regular basis to determine if the knowledge, skills, and abilities line 27 of staff members are suf®cient to perform their respective line 28 functions, and shall monitor the evaluation process on a regular line 29 basis. line 30 SEC. 14. Section 132360.1 of the Public Utilities Code is line 31 amended to read: line32 132360.1. In preparing and updating the regional line 33 comprehensive plan, it is the intent of the Legislature that: line 34 (a) The regional comprehensive plan preserve and improve the line 35 quality of life in the San Diego region, maximize mobility and line 36 transportation choices, and conserve and protect natural resources. line 37 (b) The regional comprehensive plan shall address the line 38 greenhouse gas emissions reduction targets set by the State Air line 39 Resources Board as required by Section 65080 of the Government

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line 1 Code and include strategies that provide for mode shift to public line 2 transportation. line3 (c) The regional comprehensive plan shall identify line 4 disadvantaged communities as designated pursuant to Section line 5 39711 of the Health and Safety Code and include transportation line 6 strategies to reduce pollution exposure in these communities. line 7 (d) In formulating and maintaining the regional comprehensive line 8 plan, the consolidated agency shall take account of and shall seek line 9 to harmonize the needs of the region as a whole, the plans of the line 10 county and cities within the region, and the plans and planning line 11 activities of organizations that affect or are concerned with planning line 12 and development within the region. line 13 (e) The consolidated agency shall engage in a public line 14 collaborative planning process. The recommendations resulting line 15 from the public collaborative planning process shall be made line 16 available to and considered by the consolidated agency for line 17 integration into the draft regional comprehensive plan. The line 18 consolidated agency shall adopt a procedure to carry out this line 19 process including a method of addressing and responding to line 20 recommendations from the public. line 21 (f) In formulating and maintaining the regional comprehensive line 22 plan, the consolidated agency shall seek the cooperation and line 23 consider the recommendations of all of the following: line 24 (1) Its member agencies and other agencies of local government line 25 within the jurisdiction of the consolidated agency. line 26 (2) State and federal agencies. line 27 (3) Educational institutions. line 28 (4) Research organizations, whether public or private. line 29 (5) Civic groups. line 30 (6) Private individuals. line 31 (7) Governmental jurisdictions located outside the region but line 32 contiguous to its boundaries. line 33 (g) The consolidated agency shall make the regional line 34 comprehensive plan, policies, and objectives available to all local line 35 agencies and facilitate consideration of the regional comprehensive line 36 plan in the development, implementation, and update of local line 37 general plans. The consolidated agency shall provide assistance line 38 and enhance the opportunities for local agencies to develop, line 39 implement, and update general plans in a manner that recognizes,

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line 1 at a minimum, land use, transportation compatibility, and a line 2 jobs-to-housing balance within the regional comprehensive plan. line 3 (h) The consolidated agency shall maintain the data, maps, and line 4 other information developed in the course of formulating the line 5 regional comprehensive plan in a form suitable to assure a line 6 consistent view of developmental trends and other relevant line 7 information for the availability of and use by other government line 8 agencies and private organizations. line 9 (i) The components of the regional comprehensive plan may line 10 include, but are not limited to, transportation, housing, water line 11 quality and supply, infrastructure, air quality, energy, solid waste, line 12 economy, and open space, including habitat. Performance standards line 13 and measurable criteria shall be established through a public line 14 process to ensure that the regional comprehensive plan is prepared line 15 consistent with these measures as well as in determining line 16 achievement of the regional comprehensive plan goals throughout line 17 its implementation. line 18 (j) Any water supply component or provision of the regional line 19 infrastructure strategy regarding water supply contained in the line 20 regional comprehensive plan shall be consistent with the urban line 21 water management plan and other adopted regional water facilities line 22 and supply plans of the San Diego County Water Authority. line 23 SEC. 15. If the Commission on State Mandates determines line 24 that this act contains costs mandated by the state, reimbursement line 25 to local agencies and school districts for those costs shall be made line 26 pursuant to Part 7 (commencing with Section 17500) of Division line 27 4 of Title 2 of the Government Code.

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