AGENDA Board of Directors Meeting March 2, 2016 *****Start Time: 10:00 A.M
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San Bernardino Associated Governments 1170 W. 3rd Street, 2nd Floor, San Bernardino, CA 92410 Phone: (909) 884-8276 Fax: (909) 885-4407 Web: www.sanbag.ca.gov San Bernardino County Transportation Commission San Bernardino County Transportation Authority San Bernardino County Congestion Management Agency Service Authority for Freeway Emergencies AGENDA Board of Directors Meeting March 2, 2016 *****Start Time: 10:00 a.m. (CLOSED SESSION)***** nd 1170 W. 3rd Street, San Bernardino, CA 92410, 2 Fl. (The Super Chief) ****Convene Regular Meeting at 10:30 a.m.**** 1st Floor Lobby LOCATION San Bernardino Associated Governments Santa Fe Depot - SANBAG Lobby 1st Floor 1170 W. 3rd Street, San Bernardino, CA Board of Directors President Darcy McNaboe, Mayor Joel Klink, Council Member Ryan McEachron, Council Member City of Grand Terrace City of Twentynine Palms City of Victorville Eric Schmidt, Council Member Ray Musser, Mayor Vice-President City of Hesperia City of Upland Robert Lovingood, Supervisor County of San Bernardino Larry McCallon, Mayor Dick Riddell, Council Member City of Highland City of Yucaipa Rich Kerr, Mayor City of Adelanto Rhodes “Dusty” Rigsby, Mayor George Huntington, Mayor City of Loma Linda Town of Yucca Valley Curt Emick, Council Member Town of Apple Valley Paul Eaton, Mayor Janice Rutherford, Supervisor City of Montclair County of San Bernardino Julie McIntyre, Mayor City of Barstow Edward Paget, Mayor James Ramos, Supervisor City of Needles County of San Bernardino Bill Jahn, Mayor Pro Tem City of Big Bear Lake Alan Wapner, Council Member Curt Hagman, Supervisor City of Ontario County of San Bernardino Dennis Yates, Mayor City of Chino L. Dennis Michael, Mayor Josie Gonzales, Supervisor City of Rancho Cucamonga County of San Bernardino Ed Graham, Council Member City of Chino Hills Jon Harrison, Mayor Pro Tem John Bulinski, Caltrans City of Redlands Ex-Officio Member Frank Navarro, Council Member City of Colton Deborah Robertson, Mayor Ray Wolfe, Executive Director City of Rialto Michael Tahan, Council Member Eileen Teichert, SANBAG Counsel City of Fontana R. Carey Davis, Mayor City of San Bernardino San Bernardino Associated Governments County Transportation Commission County Transportation Authority County Congestion Management Agency Service Authority for Freeway Emergencies AGENDA Board of Directors March 2, 2016 ***10:00 a.m. (CLOSED SESSION)*** 1170 W. 3rd St., 2nd Fl. (The Super Chief) San Bernardino, CA CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) -- 12 cases a. Linda Cornwall v. SANBAG, Skanska-Rados Joint Venture, etal. San Bernardino County Superior Court Case No. CIVDS 1312628 b. In re: Lumbermen’s Mutual Casualty Company, In Liquidation Office of Special Deputy Receiver, Docket No. 12 CH 24227 Circuit Court of Cook County, Illinois c. In re: City of San Bernardino U.S. Bankruptcy Court, Central District of California, Case No.: 6.12-bk-28006-MJ d. City of Colton v. San Bernardino Associated Governments, State of California and Caltrans San Bernardino Superior Court Case No. CIVDS1417765 e. Maria de Lourdes Reyes, etal. v. SANBAG, Co. of San Bernardino, etal. San Bernardino Superior Court Case No. CIVDS1503543 f. Henry Olivier and Ileana Olivier v. San Bernardino Associated Governments, etal. San Bernardino Superior Court Case No. CIVDS 1416554 g. Southern California Gas Co. v. Ames Construction, Caltrans, etal. Riverside Superior Court Case No. RIC 1409810 h. Tensar International Corporation v. Skanska USA Civil West California District, Inc., etal. San Bernardino Superior Court Case No. CIVDS 1601610 i. Skanska-Rados Joint Venture, Petitioner v. San Bernardino County Transportation Authority, Respondent, Coffman Specialties, Inc. and Superior Gunite, Interested Parties State of California Office of Administrative Hearings, Public Works Contract Arbitration Committee, Arbitration Case No. A-0002-2016 j. San Bernardino County Transportation Commission v. Affaitati LLC San Bernardino Superior Court Case No. CIVDS 1304981 k. Central Metal, Inc. v. Shimmick Construction Company, Inc. San Bernardino Superior Court Case No. CIVDS 1518775 l. San Bernardino County Transportation Commission v. Jong Uk Byun, Central Metal, Inc. San Bernardino Superior Court Case No. CIVDS 1302767 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Threatened) Pursuant to Government Code Section 54956.9(d)(2) -- 2 cases Claim filed by Michael Foster Claim filed by George Cornwell Based on existing facts and circumstances there is a significant exposure to litigation. 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation) Pursuant to Government Code Section 54956.9(d)(4) -- 4 cases ** Convene Regular Meeting at 10:30 a.m. ** 1170 W. 3rd Street, 1st Floor Lobby, San Bernardino To obtain additional information on any items, please contact the staff person listed under each item. You are encouraged to obtain any clarifying information prior to the meeting to allow the Board to move expeditiously in its deliberations. Additional “Meeting Procedures” and agenda explanations are attached to the end of this agenda. CALL TO ORDER (Meeting Chaired by Ryan McEachron) i. Pledge of Allegiance ii. Attendance iii. Announcements Calendar of Events iv. Agenda Notices/Modifications Possible Conflict of Interest Issues Note agenda item contractors, subcontractors and agents which may require member abstentions due to conflict of interest and financial interests. Board Member abstentions shall be stated under this item for recordation on the appropriate item. 1. Information Relative to Possible Conflict of Interest Note agenda items and contractors/subcontractors, which may require member abstentions due to possible conflicts of interest. This item is prepared monthly for review by SANBAG Board and Committee members. CONSENT CALENDAR Items listed on the Consent Calendar are expected to be routine and non-controversial. These items have been discussed at SANBAG Policy Committee meetings and made available for public review as noted in the agenda. The Consent Calendar will be acted upon as a single motion. Items on the Consent Calendar may be removed for discussion by Board Member Request. Items pulled from the consent calendar will be brought up immediately following the vote on the Consent Calendar. Consent - Administrative Matters 2. November/December 2015 and January 2016 Procurement Report Receive the November/December 2015 and January 2016 Procurement Report. Presenter: William Stawarski This item was received by the General Policy Committee on February 10, 2016. 3. Measure I Revenue Receive report on Measure I receipts for Measure I 2010-2040. Presenter: William Stawarski This item was received by the General Policy Committee on February 10, 2016. 4. Budget to Actual Report for first quarter ending September 30, 2015 Receive and file Budget to Actual Report for first quarter ending September 30, 2015. Presenter: William Stawarski This item was received by the General Policy Committee on February 10, 2016. 5. Measure I Revenue Estimate for Fiscal Year 2016/2017 Allocation Planning Approve a Measure I 2010-2040 revenue estimate of $160 million for Fiscal Year 2016/2017 and the revenue distribution by subarea in Table 2 for purposes of allocation planning for Fiscal Year 2016/2017. Presenter: William Stawarski This item was reviewed and unanimously recommended for approval by the General Policy Committee on February 10, 2016. 6. Fiscal Year 2015/2016 Work Goals and Objectives Second Quarter Report Receive update on the Fiscal Year 2015/2016 Work Goals and Objectives. Presenter: Raymond Wolfe This item was reviewed and received by the General Policy Committee on February 10, 2016. Consent - Project Delivery 7. Interstate 215/Mount Vernon Ave Cooperative Agreement for Participation with Caltrans That the Board, acting in its capacity as the San Bernardino County Transportation Authority: Approve Cooperative Agreement No. 16-1001441 with the California Department of Transportation (Caltrans) for participation in funding of Alternative 3 of the Interstate 215 (I-215) Mount Vernon/Washington Bridge Replacement Project in a fixed amount of $2,411,290 in Measure I Valley Freeway Program funds for all phases of the project. Presenter: Garry Cohoe This item was reviewed and recommended for approval (19-0-0) with a quorum of the Board present at the Board of Directors Metro Valley Study Session on February 11, 2016. SANBAG General Counsel and Procurement Manager have reviewed this item and a draft of the cooperative agreement. 8. Monte Vista Ave Grade Separation - Construction and Maintenance Agreement and Trade Corridor Improvement Fund Project Baseline Agreement That the Board, acting in its capacity as the San Bernardino County Transportation Authority: A. Approve Agreement No. 16-1001450 with Union Pacific Railroad Company (UPRR) and the City of Montclair for the construction and maintenance of the Monte Vista Avenue Grade Separation project and authorize the Executive Director to execute the final Agreement No. 16-1001450 in substantially the form attached, after approval as to form by General Counsel. As defined in Agreement No. 16-1001450, SANBAG will reimburse UPRR an estimated $1,150,000, consisting of City of Montclair Developer Impact Fees and an estimated $932,650 in Measure I Valley Major Street Program (Grade Separation) funds, for railroad work, flagging and inspection costs. SANBAG will receive a contribution of $1,076,309 from UPRR towards