AGENDA Mountain/Desert Policy Committee

Transcription

1 AGENDA Mountain/Desert Policy Committee May 19, :30 AM Location Mojave Desert Air Quality Management District Park Avenue, Victorville, CA Mountain/Desert Policy Committee Membership Chair Bill Jahn, Mayor City of Big Bear Lake Bill Holland, Council Member City of Hesperia Rick Denison, Mayor Pro Tem Town of Yucca Valley Vice Chair Julie McIntyre, Mayor City of Barstow Ed Paget, Mayor City of Needles Robert A. Lovingood Board of Supervisors Rich Kerr, Mayor City of Adelanto Joel Klink, Council Member City of Twentynine Palms Janice Rutherford Board of Supervisors Curt Emick, Council Member Town of Apple Valley Jim Kennedy, Council Member City of Victorville James Ramos Board of Supervisors

2 San Bernardino County Transportation Authority San Bernardino Council of Governments AGENDA Mountain/Desert Policy Committee May 19, :30 AM Location Mojave Desert Air Quality Management District Park Avenue, Victorville, CA To obtain additional information on any items, please contact the staff person listed under each item. You are encouraged to obtain any clarifying information prior to the meeting to allow the Board to move expeditiously in its deliberations. Additional Meeting Procedures and agenda explanations are attached to the end of this agenda. CALL TO ORDER (Meeting Chaired by Bill Jahn) i. Pledge of Allegiance ii. Attendance iii. Announcements 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. Presenter: Andrea Zureick This item is prepared for review by Board and Committee members. pg. 10 DISCUSSION ITEMS Discussion - Project Delivery 2. Preview of the Hearings to Consider Resolutions of Necessity for Parcels for US 395 Phase I Project in/near the Cities of Adelanto and Victorville That the following be reviewed and recommended that the Board of Directors, acting in its capacity as the San Bernardino County Transportation Authority: A. Conduct public hearings to consider condemnation of real property required for the US 395 Phase I Project in the Cities of Adelanto and Victorville; and pg. 12 pg. 2

3 B. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No authorizing and directing General Counsel, or her designees, to prepare, commence, and prosecute proceedings in eminent domain for the purpose of acquiring an interest in real property from: Storage Direct Partners III, LLC, a Nevada limited liability company, (Assessor s Parcel Number [APN] ; Caltrans Parcel Number [CPN] 23826) (hereinafter Storage Direct Property ). The Resolution must be approved by at least a two-thirds majority; and C. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No authorizing and directing General Counsel, or her designees, to prepare, commence, and prosecute proceedings in eminent domain for the purpose of acquiring interests in real property from: Sally Huang, as successor Trustee of the Sam Huang Family Trust Dated February 21, 1996, as to an undivided 90% interest; Thomas K. Hsu, a married man as to an undivided 5% interest; and Mee Y. Song, as Family Trustee of the Song Legacy Gift Trust, as to an undivided 5% interest (Assessor s Parcel Number [APN] ; Caltrans Parcel Number [CPN] 23817) (hereinafter Huang Property ). The Resolution must be approved by at least a two-thirds majority; and D. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No authorizing and directing General Counsel, or her designees, to prepare, commence, and prosecute proceedings in eminent domain for the purpose of acquiring interests in real property from: Darren Jake-On Kwan and Tammy Huang Kwan, as Trustees of the Kwan Living Trust, dated May 19, 2008, as to an undivided 30% interest; Shirley Huang, as Trustee of the Shirley Huang 2011 Trust, dated July 16, 2011, as to an undivided 30% interest; Bizhan Khaleeli and Sally Cheng-Yi Huang, as Trustees of the Huang-Khaleeli Family Trust, Dated July 9, 2011, as to an undivided 30% interest; Thomas Hsu, a married man, as to an undivided 5% interest and Mee Y. Song, as Family Trustee of the Song Legacy Gift Trust, as to an undivided 5% interest (Assessor s Parcel Number [APN] ; Caltrans Parcel Number [CPN] 23818) (hereinafter Kwan/Huang Property ). The Resolution must be approved by at least a two-thirds majority; and E. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No authorizing and directing General Counsel, or her designees, to prepare, commence, and prosecute proceedings in eminent domain for the purpose of acquiring interests in real property from: John Diponio and Rita M. Diponio (Assessor s Parcel Number [APN] ; Caltrans Parcel Number [CPN] 23815) (hereinafter Diponio Property (CPN 23815) ). The Resolution must be approved by at least a two-thirds majority; and F. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No authorizing and directing General Counsel, or her designees, to prepare, commence, and prosecute proceedings in eminent domain for the purpose of acquiring an interest in real property from: John Diponio and Rita M. Diponio (Assessor s Parcel Number [APN] ; Caltrans Parcel Number [CPN] 23821) (hereinafter Diponio Property (CPN 23821) ). The Resolution must be approved by at least a two-thirds majority; and G. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No authorizing and directing General Counsel, or her designees, to prepare, commence, and prosecute proceedings in eminent domain for the purpose of acquiring an interest in real property from: John Diponio and Rita M. Diponio (Assessor s Parcel Number [APN] ; Caltrans Parcel Number [CPN] 23823) (hereinafter pg. 3

4 Diponio Property (CPN 23823) ). The Resolution must be approved by at least a two-thirds majority; and H. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No authorizing and directing General Counsel, or her designees, to prepare, commence, and prosecute proceedings in eminent domain for the purpose of acquiring interests in real property from: Virgilio V. Naco and Perlita N. Naco, husband and wife as joint tenants, as to an undivided 5/24th interest; Teng Hik Khoe and Kiok Gwat Khoe, husband and wife as joint tenants, as to an undivided 4/24th interest; Bing and Pat Han, Co-Trustees of the Han Family Revocable Trust, dated August 1, 1998, as to an undivided 5/24th interest; Donald L. Bigler and Shirley Bigler, as Trustees for the Bigler Family Revocable Trust, dated the 30th day of April, 1992, as to an undivided 5/24th interest; Mariquita L. Ong-Veloso, Trustee of the Ong-Veloso Family Trust dated October 15, 2014 as to an undivided 5/24th interest (Assessor s Parcel Number [APN] ; Caltrans Parcel Number [CPN] 23864) (hereinafter Ong-Veloso Property ). The Resolution must be approved by at least a two-thirds majority; and I. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No authorizing and directing General Counsel, or her designees, to prepare, commence, and prosecute proceedings in eminent domain for the purpose of acquiring an interest in real property from: Adelanto Towne Center, LLC, a Delaware limited liability company (Assessor s Parcel Number [APN] ; Caltrans Parcel Number [CPN] 23860) (hereinafter Adelanto Towne Center Property ). The Resolution must be approved by at least a two-thirds majority; and J. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No authorizing and directing General Counsel, or her designees, to prepare, commence, and prosecute proceedings in eminent domain for the purpose of acquiring an interest in real property from: Simmon Chan, Trustee for the Chan Family Trust dated November 26, 1980; Franklin K.W. Luke, a single man; Franklin K.W. Luke, as Trustee for The Franklin K.W. Luke Trust dated 8 February 1990; John K.C. Ching and Barbara K. Ching, husband and wife as joint tenants; Douglas K.K. Luke and Martha E. Luke, Trustees for the Douglas K.K. Luke, M.D., Inc. Pension Plan 1980; Chiu Guey, Trustee for the Chiu Family Trust dated March 18, 1981; Arturo Javier and Mei Mei Javier Co-Trustees U/T Javier Family Trust dated October 26, 1979; Richard K.C. Luke and Kapua C. Luke, as Trustees of the Richard and Kapua Luke Trust, dated January 30, 1990; Linda A. Luke, Trustee of the Geoffrey and Linda Luke Trust, dated July 5, 1995 Trust B ; and Douglas K.K. Luke. (Assessor s Parcel Number [APN] ; Caltrans Parcel Number [CPN] 23857) (hereinafter Chan Property ). The Resolution must be approved by at least a two-thirds majority. Presenter: Timothy Byrne This item is not scheduled for review by any other policy committee or technical advisory committee. SBCTA General Counsel reviewed this item and the draft resolutions. 3. Major Projects Right of Way Acquisition Receive information on right of way acquisition for Major Projects. Presenter: Timothy Byrne 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 May 11, SBCTA General Counsel has reviewed this item. pg. 18 pg. 4

5 Discussion - Transportation Programming and Fund Administration 4. Funding Agreement with the City of Hesperia for the Ranchero Road Widening Project That the Mountain/Desert Policy Committee recommend the Board, acting as the San Bernardino County Transportation Authority: A. Allocate $1,513,964 of Measure I Victor Valley Subarea Major Local Highway Program Funds to the City of Hesperia for the Ranchero Road Widening Project. B. Approve Funding Agreement with the City of Hesperia for reimbursement of $1,513,964 in Measure I Victor Valley Subarea Major Local Highway Program Funds for the Ranchero Road Widening Project. Presenter: Ellen Pollema This item is not scheduled for review by any other policy committee or technical advisory committee. General Counsel has reviewed this item and the draft agreement. 5. Funding Agreement with the County of San Bernardino for the Ranchero Road Widening Project That the Mountain/Desert Policy Committee recommend the Board, acting as the San Bernardino County Transportation Authority: A. Allocate $1,456,640 of Measure I Victor Valley Subarea Major Local Highway Program Funds to the County of San Bernardino for the Ranchero Road Widening Project. B. Approve Agreement with the County of San Bernardino for reimbursement of $1,456,640 in Measure I Victor Valley Subarea Major Local Highway Program Funds for the Ranchero Road Widening Project. Presenter: Ellen Pollema This item is not scheduled for review by any other policy committee or technical advisory committee. General Counsel has reviewed this item and the draft agreement. pg. 22 pg. 33 Public Comment Brief comments by the General Public Comments from Board Members Brief comments from Board Members ADJOURNMENT Additional Information Attendance Acronym List Mission Statement pg. 44 pg. 45 The next Mountain/Desert Policy Committee Meeting will be June 16, 2017 Complete packages of the SBCTA agenda are available for public review at the SBCTA offices and our website: Staff reports for items may be made available upon request. For additional information, call (909) pg. 5

6 Meeting Procedures and Rules of Conduct Meeting Procedures - The Ralph M. Brown Act is the state law which guarantees the public s right to attend and participate in meetings of local legislative bodies. These rules have been adopted by the Board of Directors in accordance with the Brown Act, Government Code et seq., and shall apply at all meetings of the Board of Directors and Policy Committees. Accessibility - The meeting facility is accessible to persons with disabilities. If assistive listening devices or other auxiliary aids or services are needed in order to participate in the public meeting, requests should be made through the Clerk of the Board at least three (3) business days prior to the Board meeting. The Clerk s telephone number is (909) and office is located at 1170 W. 3 rd Street, 2 nd Floor, San Bernardino, CA. Agendas All agendas are posted at 1170 W. 3 rd Street, 1st Floor, San Bernardino at least 72 hours in advance of the meeting. Staff reports related to agenda items may be reviewed at the SBCTA offices located at 1170 W. 3 rd Street, 2 nd Floor, San Bernardino and our website: Agenda Actions Items listed on both the Consent Calendar and Discussion contain recommended actions. The Board of Directors will generally consider items in the order listed on the agenda. However, items may be considered in any order. New agenda items can be added and action taken by two-thirds vote of the Board of Directors or unanimous vote of members present as provided in the Ralph M. Brown Act Government Code Sec (b). Closed Session Agenda Items Consideration of closed session items excludes members of the public. These items include issues related to personnel, pending litigation, labor negotiations and real estate negotiations. Prior to each closed session, the Chair will announce the subject matter of the closed session. If action is taken in closed session, the Chair may report the action to the public at the conclusion of the closed session. Public Testimony on an Item Members of the public are afforded an opportunity to speak on any listed item. Individuals wishing to address the Board of Directors or Policy Committee Members should complete a Request to Speak form, provided at the rear of the meeting room, and present it to the Clerk prior to the Board's consideration of the item. A "Request to Speak" form must be completed for each item an individual wishes to speak on. When recognized by the Chair, speakers should be prepared to step forward and announce their name and address for the record. In the interest of facilitating the business of the Board, speakers are limited to three (3) minutes on each item. Additionally, a twelve (12) minute limitation is established for the total amount of time any one individual may address the Board at any one meeting. The Chair or a majority of the Board may establish a different time limit as appropriate, and parties to agenda items shall not be subject to the time limitations. Members of the public requesting information be distributed to the Board of Directors must provide 40 copies of such information in advance of the meeting, except for noticed public hearings. Information provided as public testimony is not read into the record by the Clerk. The Consent Calendar is considered a single item, thus the three (3) minute rule applies. Consent Calendar items can be pulled at Board member request and will be brought up individually at the specified time in the agenda allowing further public comment on those items. Agenda Times The Board is concerned that discussion take place in a timely and efficient manner. Agendas may be prepared with estimated times for categorical areas and certain topics to be discussed. These times may vary according to the length of presentation and amount of resulting discussion on agenda items. pg. 6

7 Public Comment At the end of the agenda, an opportunity is also provided for members of the public to speak on any subject within the Board s authority. Matters raised under Public Comment may not be acted upon at that meeting. Public Testimony on any Item still applies. Disruptive or Prohibited Conduct If any meeting of the Board is willfully disrupted by a person or by a group of persons so as to render the orderly conduct of the meeting impossible, the Chair may recess the meeting or order the person, group or groups of person willfully disrupting the meeting to leave the meeting or to be removed from the meeting. Disruptive or prohibited conduct includes without limitation addressing the Board without first being recognized, not addressing the subject before the Board, repetitiously addressing the same subject, failing to relinquish the podium when requested to do so, bringing into the meeting any type of object that could be used as a weapon, including without limitation sticks affixed to signs, or otherwise preventing the Board from conducting its meeting in an orderly manner. Your cooperation is appreciated! pg. 7

8 General Practices for Conducting Meetings of Board of Directors and Policy Committees Attendance. The Chair of the Board or a Policy Committee (Chair) has the option of taking attendance by Roll Call or Self-Introductions. If attendance is taken by Roll Call, the Clerk of the Board will call out by jurisdiction or supervisorial district. The Member or Alternate will respond by stating his/her name. If attendance is by Self-Introduction, the Member or Alternate will state his/her name and jurisdiction or supervisorial district. A Member/Alternate, who arrives after attendance is taken, shall announce his/her name prior to voting on any item. A Member/Alternate, who wishes to leave the meeting after attendance is taken but before remaining items are voted on, shall announce his/her name and that he/she is leaving the meeting. Basic Agenda Item Discussion. The Chair announces the agenda item number and states the subject. The Chair calls upon the appropriate staff member or Board Member to report on the item. The Chair asks members of the Board/Committee if they have any questions or comments on the item. General discussion ensues. The Chair calls for public comment based on Request to Speak forms which may be submitted. Following public comment, the Chair announces that public comment is closed and asks if there is any further discussion by members of the Board/Committee. The Chair calls for a motion from members of the Board/Committee. Upon a motion, the Chair announces the name of the member who makes the motion. Motions require a second by a member of the Board/Committee. Upon a second, the Chair announces the name of the Member who made the second, and the vote is taken. The aye votes in favor of the motion shall be made collectively. Any Member who wishes to oppose or abstain from voting on the motion, shall individually and orally state the Member s nay vote or abstention. Members present who do not individually and orally state their nay vote or abstention shall be deemed, and reported to the public, to have voted aye on the motion. The Vote as specified in the SANBAG Bylaws. Each Member of the Board of Directors shall have one vote. In the absence of the official representative, the alternate shall be entitled to vote. (Board of Directors only.) Voting may be either by voice or roll call vote. A roll call vote shall be conducted upon the demand of five official representatives present, or at the discretion of the presiding officer. Amendment or Substitute Motion. Occasionally a Board Member offers a substitute motion before the vote on a previous motion. In instances where there is a motion and a second, the maker of the original motion is asked if he or she would like to amend his or her motion to include the substitution or withdraw the motion on the floor. If the maker of the original motion does not want to amend or withdraw, the substitute motion is voted upon first, and if it fails, then the original motion is considered. Occasionally, a motion dies for lack of a second. pg. 8

9 Call for the Question. At times, a Member of the Board/Committee may Call for the Question. Upon a Call for the Question, the Chair may order that the debate stop or may allow for limited further comment to provide clarity on the proceedings. Alternatively and at the Chair s discretion, the Chair may call for a vote of the Board/Committee to determine whether or not debate is stopped. The Chair re-states the motion before the Board/Committee and calls for the vote on the item. The Chair. At all times, meetings are conducted in accordance with the Chair s direction. These general practices provide guidelines for orderly conduct. From time-to-time circumstances require deviation from general practice. Deviation from general practice is at the discretion of the Chair. Courtesy and Decorum. These general practices provide for business of the Board/Committee to be conducted efficiently, fairly and with full participation. It is the responsibility of the Chair and Members to maintain common courtesy and decorum. Adopted By SANBAG Board of Directors January 2008 Revised March 2014 Revised May 4, 2016 pg. 9

10 1.1 Date: May 19, 2017 Minute Action AGENDA ITEM: 1 Subject: Information Relative to Possible Conflict of Interest Recommendation: Note agenda items and contractors/subcontractors, which may require member abstentions due to possible conflicts of interest. Background: In accordance with California Government Code 84308, members of the Board may not participate in any action concerning a contract where they have received a campaign contribution of more than $250 in the prior twelve months from an entity or individual, except for the initial award of a competitively bid public works contract. This agenda contains recommendations for action relative to the following contractors: Item No. 2 Principals & Agents Storage Direct Partners III, LLC San Huang Family Trust Sally Huang Thomas K. Hsu Song Legacy Gift Trust Mee Y. Song Kwan Living Trust Darren Jake-On Kwan and Tammy Huang Kwan Shirley Huang 2011 Trust Shirley Huang Huang-Khaleeli Family Trust Bizhan Khaleeli and Sally Cheng-Yi Huang John Diponio and Rita M. Diponio Virgilio V. Naco and Perlita N. Naco Teng Hik Khoe and Kiok Gwat Khoe Han Family Revocable Trust Bing and Pat Han Entity: San Bernardino County Transportation Authority Packet Pg. 10

11 Mountain-Desert Committee Agenda Item May 19, 2017 Page Item No. 2 Principals & Agents Bigler Family Revocable Trust Donald L. Bigler and Shirley Bigler Ong-Veloso Family Trust Marquita L. Ong-Veloso Adelanto Towne Center, LLC Chan Family Trust Simmon Chan Franklin K.W. Luke Franklin K.W. Luke Trust Franklin K. W. Luke John K.C. Ching and Barbara K. Ching Douglas K.K. Luke, M.D. Pension Plan 1980 Douglas K.K. Luke and Martha E. Luke Chiu Family Trust Chiu Guey U/T Javier Family Trust Arturo Javier and Mei Mei Javier Richard and Kapua Luke Trust Richard K.C. Luke and Kapua C. Luke Geoffrey and Linda Luke Trust Linda A. Luke Douglas K.K. Luke Financial Impact: This item has no direct impact on the budget. Reviewed By: This item is prepared for review by Board and Committee members. Responsible Staff: Andrea Zureick, Director of Fund Administration Approved Mountain-Desert Committee Date: May 19, 2017 Witnessed By: San Bernardino County Transportation Authority Packet Pg. 11

12 2 Date: May 19, 2017 Minute Action AGENDA ITEM: 2 Subject: Preview of the Hearings to Consider Resolutions of Necessity for Parcels for US 395 Phase I Project in/near the Cities of Adelanto and Victorville Recommendation: That the following be reviewed and recommended that the Board of Directors, acting in its capacity as the San Bernardino County Transportation Authority: A. Conduct public hearings to consider condemnation of real property required for the US 395 Phase I Project in the Cities of Adelanto and Victorville; and B. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No authorizing and directing General Counsel, or her designees, to prepare, commence, and prosecute proceedings in eminent domain for the purpose of acquiring an interest in real property from: Storage Direct Partners III, LLC, a Nevada limited liability company, (Assessor s Parcel Number [APN] ; Caltrans Parcel Number [CPN] 23826) (hereinafter Storage Direct Property ). The Resolution must be approved by at least a twothirds majority; and C. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No authorizing and directing General Counsel, or her designees, to prepare, commence, and prosecute proceedings in eminent domain for the purpose of acquiring interests in real property from: Sally Huang, as successor Trustee of the Sam Huang Family Trust Dated February 21, 1996, as to an undivided 90% interest; Thomas K. Hsu, a married man as to an undivided 5% interest; and Mee Y. Song, as Family Trustee of the Song Legacy Gift Trust, as to an undivided 5% interest (Assessor s Parcel Number [APN] ; Caltrans Parcel Number [CPN] 23817) (hereinafter Huang Property ). The Resolution must be approved by at least a two-thirds majority; and D. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No authorizing and directing General Counsel, or her designees, to prepare, commence, and prosecute proceedings in eminent domain for the purpose of acquiring interests in real property from: Darren Jake-On Kwan and Tammy Huang Kwan, as Trustees of the Kwan Living Trust, dated May 19, 2008, as to an undivided 30% interest; Shirley Huang, as Trustee of the Shirley Huang 2011 Trust, dated July 16, 2011, as to an undivided 30% interest; Bizhan Khaleeli and Sally Cheng-Yi Huang, as Trustees of the Huang-Khaleeli Family Trust, Dated July 9, 2011, as to an undivided 30% interest; Thomas Hsu, a married man, as to an undivided 5% interest and Mee Y. Song, as Family Trustee of the Song Legacy Gift Trust, as to an undivided 5% interest (Assessor s Parcel Number [APN] ; Caltrans Parcel Number [CPN] 23818) (hereinafter Kwan/Huang Property ). The Resolution must be approved by at least a two-thirds majority; and Entity: San Bernardino County Transportation Authority Packet Pg. 12

13 Mountain-Desert Committee Agenda Item May 19, 2017 Page 2 2 E. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No authorizing and directing General Counsel, or her designees, to prepare, commence, and prosecute proceedings in eminent domain for the purpose of acquiring interests in real property from: John Diponio and Rita M. Diponio (Assessor s Parcel Number [APN] ; Caltrans Parcel Number [CPN] 23815) (hereinafter Diponio Property (CPN 23815) ). The Resolution must be approved by at least a two-thirds majority; and F. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No authorizing and directing General Counsel, or her designees, to prepare, commence, and prosecute proceedings in eminent domain for the purpose of acquiring an interest in real property from: John Diponio and Rita M. Diponio (Assessor s Parcel Number [APN] ; Caltrans Parcel Number [CPN] 23821) (hereinafter Diponio Property (CPN 23821) ). The Resolution must be approved by at least a two-thirds majority; and G. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No authorizing and directing General Counsel, or her designees, to prepare, commence, and prosecute proceedings in eminent domain for the purpose of acquiring an interest in real property from: John Diponio and Rita M. Diponio (Assessor s Parcel Number [APN] ; Caltrans Parcel Number [CPN] 23823) (hereinafter Diponio Property (CPN 23823) ). The Resolution must be approved by at least a two-thirds majority; and H. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No authorizing and directing General Counsel, or her designees, to prepare, commence, and prosecute proceedings in eminent domain for the purpose of acquiring interests in real property from: Virgilio V. Naco and Perlita N. Naco, husband and wife as joint tenants, as to an undivided 5/24th interest; Teng Hik Khoe and Kiok Gwat Khoe, husband and wife as joint tenants, as to an undivided 4/24th interest; Bing and Pat Han, Co-Trustees of the Han Family Revocable Trust, dated August 1, 1998, as to an undivided 5/24th interest; Donald L. Bigler and Shirley Bigler, as Trustees for the Bigler Family Revocable Trust, dated the 30th day of April, 1992, as to an undivided 5/24th interest; Mariquita L. Ong-Veloso, Trustee of the Ong-Veloso Family Trust dated October 15, 2014 as to an undivided 5/24th interest (Assessor s Parcel Number [APN] ; Caltrans Parcel Number [CPN] 23864) (hereinafter Ong-Veloso Property ). The Resolution must be approved by at least a two-thirds majority; and I. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No authorizing and directing General Counsel, or her designees, to prepare, commence, and prosecute proceedings in eminent domain for the purpose of acquiring an interest in real property from: Adelanto Towne Center, LLC, a Delaware limited liability company (Assessor s Parcel Number [APN] ; Caltrans Parcel Number [CPN] 23860) (hereinafter Adelanto Towne Center Property ). The Resolution must be approved by at least a two-thirds majority; and J. Upon completion of a public hearing, that the Board of Directors adopt the Resolution of Necessity No authorizing and directing General Counsel, or her designees, to prepare, commence, and prosecute proceedings in eminent domain for the purpose of acquiring an interest in real property from: Simmon Chan, Trustee for the Chan Family Trust dated November 26, 1980; Franklin K.W. Luke, a single man; Franklin K.W. Luke, as Trustee for The Franklin K.W. Luke Trust dated 8 February 1990; John K.C. Ching and Barbara K. Ching, husband and wife as joint tenants; Douglas K.K. Luke and Martha E. Luke, Trustees for the Douglas K.K. Luke, M.D., Inc. Pension Plan 1980; Chiu Guey, Trustee for the Chiu Family San Bernardino County Transportation Authority Packet Pg. 13

14 Mountain-Desert Committee Agenda Item May 19, 2017 Page 3 2 Trust dated March 18, 1981; Arturo Javier and Mei Mei Javier Co-Trustees U/T Javier Family Trust dated October 26, 1979; Richard K.C. Luke and Kapua C. Luke, as Trustees of the Richard and Kapua Luke Trust, dated January 30, 1990; Linda A. Luke, Trustee of the Geoffrey and Linda Luke Trust, dated July 5, 1995 Trust B ; and Douglas K.K. Luke. (Assessor s Parcel Number [APN] ; Caltrans Parcel Number [CPN] 23857) (hereinafter Chan Property ). The Resolution must be approved by at least a two-thirds majority. Background: Steady progress has been made towards the start of construction on the US 395 Phase I Project (Project). One of the remaining critical path items is right-of-way acquisition. The San Bernardino County Transportation Authority (SBCTA) Board of Directors has authorized the acquisition of property necessary for this Project. Some parcels are being acquired through negotiated sale. The purpose of this agenda item is to present information regarding the upcoming Hearings for Resolutions of Necessity for nine (9) properties needed for construction of the Project which have not reached settlement. SBCTA s right-of-way agent, Epic Land Solutions, Inc. (Epic) presented offers to each property owner. The property owners are: Storage Direct Partners III, LLC, a Nevada limited liability company; Sally Huang, as successor Trustee of the Sam Huang Family Trust Dated February 21, 1996, as to an undivided 90% interest; Thomas K. Hsu, a married man as to an undivided 5% interest; and Mee Y. Song, as Family Trustee of the Song Legacy Gift Trust, as to an undivided 5% interest; Darren Jake-On Kwan and Tammy Huang Kwan, as Trustees of the Kwan Living Trust, dated May 19, 2008, as to an undivided 30% interest; Shirley Huang, as Trustee of the Shirley Huang 2011 Trust, dated July 16, 2011, as to an undivided 30% interest; Bizhan Khaleeli and Sally Cheng-Yi Huang, as Trustees of the Huang-Khaleeli Family Trust, Dated July 9, 2011, as to an undivided 30% interest; Thomas Hsu, a married man, as to an undivided 5% interest and Mee Y. Song, as Family Trustee of the Song Legacy Gift Trust, as to an undivided 5% interest; John Diponio and Rita M. Diponio (CPN 23815); John Diponio and Rita M. Diponio (CPN 23821); John Diponio and Rita M. Diponio (CPN 23823); Virgilio V. Naco and Perlita N. Naco, husband and wife as joint tenants, as to an undivided 5/24th interest; Teng Hik Khoe and Kiok Gwat Khoe, husband and wife as joint tenants, as to an undivided 4/24th interest; Bing and Pat Han, Co- Trustees of the Han Family Revocable Trust, dated August 1, 1998, as to an undivided 5/24th interest; Donald L. Bigler and Shirley Bigler, as Trustees for the Bigler Family Revocable Trust, dated the 30th day of April, 1992, as to an undivided 5/24th interest; Mariquita L. Ong-Veloso, Trustee of the Ong-Veloso Family Trust dated October 15, 2014 as to an undivided 5/24th interest; Adelanto Towne Center, LLC, a Delaware limited liability company; and Simmon Chan, Trustee for the Chan Family Trust dated November 26, 1980; Franklin K.W. Luke, a single man; Franklin K. W. Luke, as Trustee for The Franklin K.W. Luke Trust dated 8 February 1990; John K.C. Ching and Barbara K. Ching, husband and wife as joint tenants; Douglas K.K. Luke and Martha E. Luke, Trustees for the Douglas K.K. Luke, M.D., Inc. Pension Plan 1980; Chiu San Bernardino County Transportation Authority Packet Pg. 14

15 Mountain-Desert Committee Agenda Item May 19, 2017 Page 4 2 Guey, Trustee for the Chiu Family Trust dated March 18, 1981; Arturo Javier and Mei Mei Javier Co-Trustees U/T Javier Family Trust dated October 26, 1979; Richard K.C. Luke and Kapua C. Luke, as Trustees of the Richard and Kapua Luke Trust, dated January 30, 1990; Linda A. Luke, Trustee of the Geoffrey and Linda Luke Trust, dated July 5, 1995 Trust B ; and Douglas K.K. Luke. Although negotiations are ongoing, dialogue with the property owners for the parcels listed has not yet resulted in settlements, and these parcels need to be acquired through eminent domain which requires compliance with a statutorily-prescribed process. During the eminent domain process, SBCTA s right-of-way agent will continue to negotiate with the property owners and attempt to achieve negotiated sales for the necessary property interests. SBCTA is authorized to acquire property by eminent domain pursuant to the California Public Utilities Code Sections and (b). Eminent domain will allow SBCTA to obtain legal rights to the properties needed for the Project if a negotiated sale cannot be reached. Since the process takes several months, it is necessary to start this process now to ensure that the property interests are obtained to meet the scheduled start of construction in late In order to adopt the Resolutions of Necessity, SBCTA must make the four findings discussed below for each of the parcels. The issue of the amount of just compensation for these property interests is not addressed by these Resolutions of Necessity and is not to be considered at the hearings. The four necessary findings are: 1. The public interest and necessity require the Project. The Project is located in/near Cities of Victorville and Adelanto where if no improvements are made to the highway, the existing and future traffic congestion will not be mitigated. The proposed improvements are necessary to reduce existing and future traffic congestion. The congestion is reduced by increasing capacity and enhanced traffic operations. The Project includes the following improvements: Addition of one 12-foot lane in each direction 14-foot median with rumble strip Improvements at four intersections Widening of Joshua Wash Bridge On the US 395 Phase I Project, the construction limits extend from Palmdale Road (State Route 18) 5 miles northerly to Chamberlaine Way. 2. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury. During the environmental phase of the Project three alternatives were studied. The Project Development Team (PDT) selected this alternative to construct as it included the least right-ofway impacts to the community and relieves congestion, enhancing the operational efficiency and improving access to local services. The proposed design minimizes the property required for the Project, but still requires partial acquisitions, permanent utility easements, permanent San Bernardino County Transportation Authority Packet Pg. 15

16 Mountain-Desert Committee Agenda Item May 19, 2017 Page 5 2 maintenance easements and the relinquishment of access rights to the highway in some areas. During the design phase, considerations had been taken that would provide access to adjacent properties where access to those properties would be affected by the Project. Epic Land Solutions, Inc. have also had numerous communications with the property owners about their needs in order to design the Project in a manner that causes the least private injury while accomplishing the greatest public good through construction of the Project. 3. The properties sought to be acquired are necessary for the Project. While some of the Project is being constructed within existing right-of-way, some acquisition from the subject properties is needed to allow existing roadbed widening, sound wall, drainage systems, and required utility relocations. For the subject properties, the following right-of-way interests are required: Storage Direct Property: A partial acquisition is needed from the Storage Direct Property. The partial acquisition is needed for grading, pavement and the required clear recovery zone. Huang Property: A partial acquisition and utility easement are needed from the Huang Property. The partial acquisition is needed for grading, pavement and the required clear recovery zone. The utility easement will allow for the relocation of various utilities to accommodate the widening of US 395. Kwan/Huang Property: A partial acquisition and utility easement are needed from the Kwan/Huang Property. The partial acquisition is needed for grading, pavement and the required clear recovery zone. The utility easement will allow for the relocation of various utilities to accommodate the widening of US 395. Diponio Property (CPN 23815): A partial acquisition is needed from the Diponio Property (CPN 23815). The partial acquisition is needed for intersection improvements at Holly Road and US 395. Access rights to a portion of Holly Road, at the corner of US 395 and Holly Road, are being acquired to prevent direct access from the Diponio Property (CPN 23815) to the improved US 395 facility, which is a controlled access highway. The Diponio Property (CPN 23815) will retain access through the remainder of its frontage on Holly Road. Diponio Property (CPN 23821): A partial acquisition is needed from the Diponio Property (CPN 23821). The partial acquisition is needed for grading, pavement and the required clear recovery zone. Diponio Property (CPN 23823): A partial acquisition is needed from the Diponio Property (CPN 23823). The partial acquisition is needed for grading, pavement and the required clear recovery zone. Ong-Veloso Property: A partial acquisition, utility easement and access rights are needed from the Ong-Veloso Property. The partial acquisition is needed for grading, pavement and the required clear recovery zone. The utility easement will allow for the relocation of various utilities to accommodate the widening of US 395. Access rights to US 395 are being acquired to prevent direct access from the Ong-Veloso Property to the improved US 395 facility, which is a controlled access highway. Reserved to the owners of the San Bernardino County Transportation Authority Packet Pg. 16

17 Mountain-Desert Committee Agenda Item May 19, 2017 Page 6 2 Ong-Veloso Property is the right of access to a designated opening to the improved US 395 to prevent it from being landlocked. Adelanto Towne Center Property: Access rights are needed from the Adelanto Towne Center Property. Access rights to a portion of Mojave Drive, at the corner of US 395 and Mojave Drive, are being acquired to prevent direct access from the Adelanto Towne Center Property to the improved US 395 facility. The Adelanto Towne Center Property will retain access through the remainder of its frontage on Mojave Drive. Chan Property: Access rights are needed from the Chan Property. Access rights to a portion of Victor Street, at the corner of US 395 and Victor Street, are being acquired to prevent direct access from the Chan Property to the improved US 395 facility. The Chan Property will retain access through the remainder of its frontage on Victor Street. 4. Offers required by Section of the Government Code have been made to the owner or owners of record. The subject properties were appraised and offers for the full amount of the appraisals were made to the owner or owners of record in accordance with Section of the Government Code. The offer for the Storage Direct Property was presented on 8/17/2016. The offer for the Huang Property was presented on 8/18/2016. The offer for the Kwan/Huang Property was presented on 3/13/2017. The offer for the Diponio Property (CPN 23815) was presented on 9/12/2016. The offer for the Diponio Property (CPN 23821) was presented on 3/21/2017. The offer for the Diponio Property (CPN 23823) was presented on 9/12/2016. The offer for the Ong-Veloso Property was presented on 11/28/2016. The offer for the Adelanto Towne Center Property was presented on 3/24/2017. The offer for the Chan Property was presented on 3/10/2017. Upon completion of the Project, SBCTA will transfer properties acquired for this Project to Caltrans or to the appropriate City for those real property interests that will be incorporated into the State Highway System or the City facility, respectively. Financial Impact: This item has no impact on the SBCTA Fiscal Year 2016/2017 budget under Task No Freeway Projects, subtask US 395 Widen SR-18/Chamberlaine/City Adelanto. Reviewed By: This item is not scheduled for review by any other policy committee or technical advisory committee. SBCTA General Counsel reviewed this item and the draft resolutions. Responsible Staff: Timothy Byrne, Project Delivery Manager Approved Mountain-Desert Committee Date: May 19, 2017 Witnessed By: San Bernardino County Transportation Authority Packet Pg. 17

18 3 Date: May 19, 2017 Subject: Major Projects Right of Way Acquisition Minute Action AGENDA ITEM: 3 Recommendation: Receive information on right of way acquisition for Major Projects. Background: The San Bernardino County Transportation Authority (SBCTA) is responsible for the development and delivery of transportation projects. In the course of developing and delivering projects, the acquisition of public and private properties is often required to implement the projects. Staff makes great efforts in communicating with those affected by our projects in order to fully understand property owner concerns and the factors concerning the appropriate property appraisals. The intent of this agenda item is to inform the Board of Directors of our success in avoiding costly litigation while acquiring property necessary for SBCTA s Major Projects. On January 2, 1971, Public Law , the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970," (Uniform Act) was signed into law by Congress to ensure that people whose real property is acquired, or who move as a result of projects receiving Federal funds, will be treated fairly and equitably and will receive assistance in moving from the property they occupy. To ensure fair and consistent treatment of property owners and those displaced as a result of the projects, SBCTA developed a Right of Way Acquisition Procedures Manual to guide the process of property acquisition and disposition regardless of whether or not Federal funds are utilized. In cases where business or residences are impacted such that a move is necessary as a result of project right of way requirements, SBCTA follows all applicable state and federal laws regarding relocation assistance. In addition, the manual complies with the requirements of all federal and state laws, statutes and regulations as applicable. In recent years, SBCTA has acquired 284 parcels with 2 parcels resolved through court trial and 11 parcels pending resolution, potentially through litigation (refer to Table 1). For the I-10/Tippecanoe Avenue and I-15/I-215 Devore Interchange projects, shaded in the table below, Caltrans was the lead for eminent domain with the Resolution of Necessity (RON) Hearings conducted and adopted by the California Transportation Commission. Caltrans was the overall lead for the right of way phase on I-10/Tippecanoe Avenue project, while SBCTA was the overall lead on the I-15/I-215 Devore Interchange project. On these 2 projects, the Court determined just compensation for 2 property acquisitions with 2 others currently pending. The remaining 5 projects in Table 1 were led by SBCTA and a total of 74 parcels were acquired voluntarily without need to file eminent domain litigation and 9 parcels have eminent domain cases pending. Entity: San Bernardino County Transportation Authority Packet Pg. 18

19 Mountain-Desert Committee Agenda Item May 19, 2017 Page 2 3 The US 395 Phase I Project, led by SBCTA, is not included in Table 1 as the right of way process was recently initiated. Of the 63 parcels identified as necessary for project implementation, the Board of Directors has held RON Hearings for 29 of the 63 parcels with additional hearings scheduled for the June and July 2017 Board meetings. As negotiations are ongoing with property owners, it is premature to include the US 395 Phase I Project in Table 1. In cases where a RON hearing occurs, the vast majority of those properties are acquired through a settlement prior to filing of litigation. Settlements occur through contracts that the SBCTA acquisition agent negotiates directly with property owners ( Contract column in Table 1), attorney settlement agreements that the court accepts or settlement agreements resulting from mediation by an unbiased third party mediator ( Attorney column in Table 1), or through a trial judgment ( Court column in Table 1). Only a small proportion of properties actually go through trial to determine just compensation for property acquisition. Due to the cost associated with litigation, it is generally in SBCTA s best interest, and often in the best interest of property owners, to settle on a fair determination of just compensation for the real property interests prior to trial. In an effort to meet schedule and budget and to follow state and federal requirements, staff remains committed to practicing fair and equitable treatment of those impacted by our Major Projects. TABLE 1 Right of Way Summary on SBCTA Major Projects Number Acquired Acquired with no RON Hearing Properties/Parcels Resolution of Necessity (RON) Litigation/ Settlement Type Pending Total Cases Contract Attorney Court Project I-10/Tippecanoe Avenue Interchange* (Caltrans performed R/W acquisition and eminent domain) I-15/I-215 Devore Interchange* (SBCTA performed R/W acquisition and Caltrans performed eminent domain) I-215/Barton Road Interchange* Lenwood Road Grade Separation Laurel Street Grade Separation Hunts Lane Grade Separation Palm Avenue Grade Separation Total *Still in progress SBCTA Right of Way Process It is the intent to reach a negotiated settlement with every property owner. When all reasonable attempts have been made and negotiations are at an impasse, eminent domain proceedings are initiated at a time that is consistent with the project schedule. It should be noted that it can take up to nine months to obtain possession of the property by court order from the date of the adoption of a RON. This process to obtain possession of the property includes filing a complaint with the court once a RON is adopted and signed by the Board President, depositing the just compensation estimate with the State of California, attachment of the just compensation deposit receipt to the motion for possession and personally serving the property owner. The objective of the court hearing is to have the court grant the motion, or Order for Possession, which becomes valid 30 days after service of the order on the property owner if the property is vacant and 90 San Bernardino County Transportation Authority Packet Pg. 19

20 Mountain-Desert Committee Agenda Item May 19, 2017 Page 3 3 days if the property is occupied. Caltrans requires this valid order before they will certify the right of way and allow construction to be initiated. If eminent domain proceedings are initiated, property owners must be provided with a Notice of Intent to file a RON a minimum of 15 days prior to the hearing. The notice provides information to the property owner regarding their right to appear before the Board of Directors regarding the acquisition of their property. Property owners may contest the RON for the following reasons: SBCTA has not demonstrated that the public interest and necessity for the parcel has been demonstrated; The project has not been planned or located in a manner that will be compatible with the greatest public good and least private injury; The property being sought is not necessary for the project; or The property that was appraised and the offer for full amount of the appraisal was not made to the owner of record in accordance with Section of the Government Code. If an owner requests to make an appearance before the Board during the hearing, a review will be scheduled with the owner to attempt to resolve the owner s issues. If issues are not resolved, a second review may be scheduled. These reviews include senior agency staff with the authority to make decisions that might be outside of the acquisition agent s authority. It should be noted that throughout the right of way acquisition process, SBCTA acquisition agents pursue settlement agreements with property owners to minimize expense to SBCTA and ensure timely right of way certification. Each project has held RON hearings for properties where an initial settlement did not occur. The reasons why RON hearings are necessary vary by project. Property owners are often not motivated to settle and often times it is difficult to locate property owners. The SBCTA acquisition agent performs due diligence to locate property owners by obtaining contact information from the County Assessor s Office, reviewing property title information, internet searches, site visits, etc. When all reasonable means of making contact with property owners fail or owners do not respond to repeated contact attempts, RON hearings are scheduled to maintain the overall project schedule by initiating the eminent domain process. Through the legal process, property owners are personally served with Eminent Domain Complaints and motions for possession. It is at this time that additional resources are expended to locate property owners. The process to acquire property can be lengthy and many steps are required in order to ensure all property has been acquired to allow for construction of the project to be initiated. Table 2 outlines the roles and responsibilities of the various parties throughout the acquisition process. San Bernardino County Transportation Authority Packet Pg. 20

21 Mountain-Desert Committee Agenda Item May 19, 2017 Page 4 3 Continued Negotiations and Mediations TABLE 2 General Right of Way Roles and Activities on SBCTA Major Projects SBCTA Staff Develop Environmental Document, develop right of way mapping requirements for impacted parcels, develop right of way acquisition budget Prepare Notice of Decision to Appraise Prepare appraisal and make offer of Just Compensation Begin Negotiations Prepare Notice of Hearing to Adopt Resolutions of Necessity (RON) Prepare agenda items for RON Hearing Staff continues negotiations. Staff presents necessary information at hearing to adopt RON. SBCTA Attorneys file Complaint and Order for Possession with the Courts and Serve Complaint; from this point another 3 to 5 months remains before an Order for Possession is effective. Overall, this activity from filing the complaint to effective possession is typically 4-9 months. Afterward, several more months/years may pass before actual court proceedings. SBCTA Board of Directors Adopt Environmental Document, Approve Programming and Budgets, Authorize staff to make offers of Just Compensation to affected property owners Appropriate Committee hears a dry run RON Board of Directors conduct public hearing & consider adoption of RON Financial Impact: This item has no financial impact on the Fiscal Year 2016/2017 budget. Property/Business Owners/Tenants Receive Notice of Decision to Appraise Receive Offer of Just Compensation Participate in Negotiations Receive Notice of Hearing to Adopt Resolution of Necessity. Recipient may request to appear and be heard. Owner may attend Property/Business Owner/Tenant may attend and be heard. Negotiations continue thereafter. Negotiations continue Reviewed By: 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 May 11, SBCTA General Counsel has reviewed this item. Responsible Staff: Timothy Byrne, Project Delivery Manager Approved Mountain-Desert Committee Date: May 19, 2017 Witnessed By: San Bernardino County Transportation Authority Packet Pg. 21

22 4 Date: May 19, 2017 Minute Action AGENDA ITEM: 4 Subject: Funding Agreement with the City of Hesperia for the Ranchero Road Widening Project Recommendation: That the Mountain/Desert Policy Committee recommend the Board, acting as the San Bernardino County Transportation Authority: A. Allocate $1,513,964 of Measure I Victor Valley Subarea Major Local Highway Program Funds to the City of Hesperia for the Ranchero Road Widening Project. B. Approve Funding Agreement with the City of Hesperia for reimbursement of $1,513,964 in Measure I Victor Valley Subarea Major Local Highway Program Funds for the Ranchero Road Widening Project. Background: The City of Hesperia has requested a Project Funding Agreement for the Ranchero Road Widening Project. The project will widen Ranchero Road from two lanes to five lanes from the City Limits at Topaz Avenue east to the completed Ranchero Road Undercrossing at 7 th Avenue. The project connects to San Bernardino County s portion of the same project from Topaz Avenue west to 0.3 miles east of Mariposa Avenue. The project design has been completed except for the California Aqueduct Bridge and the Union Pacific Railroad crossings. Right of way acquisition has begun and utility relocation will begin in Spring Construction on the entire project is expected to be completed in Fall This allocation is consistent with funding identified in the 2017 Update to the 10-Year Delivery Plan. The allocation and agreement cover projects costs necessary to develop the project to construction. It is anticipated that the City will request an amendment to the agreement for additional funding once it has been determined to move forward into the construction phase. Financial Impact: This item is consistent with the Fiscal Year 2016/2017 Adopted Budget. Reviewed By: This item is not scheduled for review by any other policy committee or technical advisory committee. General Counsel has reviewed this item and the draft agreement. Responsible Staff: Ellen Pollema, Management Analyst II Entity: San Bernardino County Transportation Authority Packet Pg. 22

23 Mountain-Desert Committee Agenda Item May 19, 2017 Page 2 4 Approved Mountain-Desert Committee Date: May 19, 2017 Witnessed By: San Bernardino County Transportation Authority Packet Pg. 23

24 Contract No: Contract Summary Sheet General Contract Information Amendment No.: Vendor No.: a Vendor/Customer Name: City of Hesperia Sole Source? X Yes No Description: Start Date: Expiration Date: Has Contract Term Been Amended? X No List Any Related Contracts Nos.: Original Contract Revised Contract (Inclusive of Prior Amendments) Current Amendment TOTAL CONTRACT VALUE Executive Director Executive Director Action: Date: X Board of Directors Date: Board of Directors Action: X Original Contingency Revised Contingency (Inclusive of Prior Amendments) Contingency Amendment TOTAL CONTINGENCY VALUE TOTAL DOLLAR AUTHORITY (Contract Value and Contingency) Invoice Warning: 20% Renewals: Type: Capital PAA X Other Retention: Maximum Retention: Services: Construction X Intrgrnt/MOU/COOP A & E Services Other Professional Services Disadvantaged Business Enterprise (DBE) Goal E-76 and/or CTC Date (Attach Copy) Program Supplement No.: Finance Letter 6/7/2017 % Funding Agreement for Ranchero Road Widening Project $ $ $ $ 1,513, Reversion Date: - - 1,513, Approve contract All of the above MUST be submitted to FINANCE including originals, amendments and miscellaneous transaction changes Project Manager: Ellen Pollema Dollar Amount 6/7/2017 6/30/2022 Contract Authorization Contract Management: Payable/Miscellaneous Contract Management: Receivable Additional Information $ % Revised Expiration Date: Yes - Please Explain None - EA No.: $ $ $ $ $ ,513, Attachment: Contract Summary Sheet [Revision 4] (3493 : Funding Agreement for Ranchero Road Widening Project in City of Hesperia) Packet Pg. 24

25 4.b PROJECT FUNDING AGREEMENT NO BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND CITY OF HESPERIA FOR RANCHERO ROAD WIDENING PROJECT THIS Project Funding Agreement ( Agreement ) is made and entered into this 7 th day of June, 2017, by and between the San Bernardino County Transportation Authority (hereinafter referred to as SBCTA ) and the CITY OF HESPERIA (hereinafter referred to as CITY ). SBCTA and CITY shall be individually or collectively, as applicable, known as Party or Parties. RECITALS A. The Measure I Expenditure Plan and the Victor Valley Subarea transportation planning partners have identified projects eligible for partial funding from Measure I Victor Valley Subarea Major Local Highway Program ( MLHP ); and B. Ranchero Road Widening Project in the City of Hesperia ( PROJECT ) is one of the projects identified as eligible for such funding and is described more fully in Attachment A; and C. SBCTA has determined that the PROJECT is eligible to receive the Victor Valley Subarea MLHP funds; and D. On June 7, 2017, SBCTA s Board of Directors approved allocation of $1,513,964 in Victor Valley Subarea MLHP funds for the PROJECT; and E. This Agreement is to be carried out in accordance with the policies in the Measure I Strategic Plan; and F. Parties desire to proceed with the PROJECT in a timely manner; and G. The PROJECT will widen Ranchero Road from two lanes to five lanes from the City Limits at Topaz Avenue to the completed Ranchero Road Undercrossing at 7th Avenue; and Attachment: [Revision 4] (3493 : Funding Agreement for Ranchero Road Widening Project in City of Hesperia) Page 1 of 8 Packet Pg. 25

26 4.b H. This Agreement is intended to delineate the duties and funding responsibilities of the Parties for the PROJECT; and I. SBCTA and CITY are entering into this Agreement with the understanding that SBCTA will reimburse CITY for eligible PROJECT expenditures with MLHP funds. NOW, THEREFORE, SBCTA and CITY agree to the following: SBCTA AGREES: SECTION I 1. To reimburse CITY for the actual cost of the PROJECT up to a maximum of $1,513,964 in MLHP funds. An estimate of costs for the PROJECT is provided in Attachment B. SBCTA shall have no further responsibilities to provide any funding for PROJECT exceeding this amount unless an amendment to this Agreement is approved by the Parties. 2. To reimburse CITY within thirty (30) days after CITY submits an original and two copies of the signed invoices in the proper form covering those actual allowable PROJECT expenditures that were incurred by CITY up to a maximum of $1,513,964, consistent with the invoicing requirements of the Measure I Strategic Plan, including backup information. Invoices may be submitted to SBCTA as frequently as monthly. 3. When conducting an audit of the costs claimed under the provisions of this Agreement, to rely to the maximum extent possible on any prior audit of CITY performed pursuant to the provisions of State and Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptable to SBCTA when planning and conducting additional audits. 4. SBCTA shall assign a project liaison for the purpose of attending Project Development Team (PDT) meetings. CITY AGREES: SECTION II 1. To be the lead agency for this PROJECT and to diligently undertake and complete in a timely manner the Scope of Work for the PROJECT as shown in Attachment A. 2. To be responsible for expending that portion of allocated MLHP funds on eligible PROJECT expenses for an amount not to exceed $1,513,964 in MLHP funds unless Attachment: [Revision 4] (3493 : Funding Agreement for Ranchero Road Widening Project in City of Hesperia) Page 2 of 8 Packet Pg. 26

27 4.b this Agreement is amended and approved increasing PROJECT costs. Reimbursement by SBCTA shall be in accordance with Section I, Paragraph 2. Additionally, expenses relative to time spent on the PROJECT by CITY staff are considered eligible PROJECT expenses and may be charged to the PROJECT, subject to SBCTA s guidelines. 3. To abide by all SBCTA, CITY, State, and Federal laws, regulations, policies and procedures pertaining to the PROJECT. 4. To prepare and submit to SBCTA an original and two copies of signed invoices for reimbursement of eligible PROJECT expenses. Invoices may be submitted to SBCTA as frequently as monthly. 5. To maintain all source documents, books and records connected with its performance under this Agreement for a minimum of five (5) years from the date of the Final Report of Expenditures submittal to SBCTA or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of SBCTA during normal business hours at CITY Hall. Copies will be made and furnished by CITY upon written request by SBCTA. 6. To establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support CITY s requests for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of PROJECT work elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by CITY. 7. To prepare a Final Report of Expenditures, including a final invoice reporting the actual eligible PROJECT costs expended for those activities described in the work activities, and to submit that Final Report of Expenditures and final invoice no later than one hundred twenty (120) days following the completion of those expenditures. An original and two copies of the Final Report of Expenditures shall be submitted to SBCTA and must state that these PROJECT funds were used in conformance with this Agreement and for those PROJECT-specific work activities described. 8. To cooperate in having a PROJECT-specific audit completed by SBCTA, at SBCTA s option and expense, upon completion of the PROJECT. The audit must state that all funds expended on the PROJECT were used in conformance with this Agreement. 9. To repay to SBCTA any reimbursement for Measure I costs that are determined by subsequent audit to be unallowable within one hundred twenty (120) days of CITY receiving notice of audit findings, which time shall include an opportunity for CITY to respond to and/or resolve the findings. Should the findings not be otherwise resolved and CITY fail to reimburse moneys due SBCTA within one hundred twenty (120) days of audit findings, or within such other period as may be agreed between both Attachment: [Revision 4] (3493 : Funding Agreement for Ranchero Road Widening Project in City of Hesperia) Page 3 of 8 Packet Pg. 27

28 4.b Parties, the SBCTA reserves the right to withhold future payments due CITY from any source under SBCTA s control. 10. To include SBCTA in Project Development Team (PDT) meetings if and when such meetings are held and in related communications on PROJECT progress, to provide at least quarterly schedule updates to SBCTA, and to consult with SBCTA on critical issues relative to the PROJECT. 11. As an eligible PROJECT expense, to post signs at the boundaries of the PROJECT noting that PROJECT is funded with Measure I funds. Signs shall bear the logos of SBCTA and CITY. IT IS MUTUALLY AGREED: SECTION III 1. To abide by all applicable Federal, State and Local laws and regulations pertaining to the PROJECT, including policies in the applicable program in the Measure I Strategic Plan, as amended, as of the Effective Date of this Agreement. 2. The final PROJECT cost may ultimately exceed current estimates of PROJECT cost. Any additional eligible costs resulting from unforeseen conditions over the estimated total of the PROJECT cost, shall be borne by CITY unless prior authorization has been approved by the SBCTA Board of Directors pursuant to Section III, Paragraph 3 of this Agreement; 3. In the event CITY determines PROJECT work may exceed the not to exceed amount identified in Section I, Paragraph 1, CITY shall inform SBCTA of this determination and thereafter the Parties shall work together in an attempt to agree upon an amendment to the PROJECT amounts identified in this Agreement. In no event, however, shall SBCTA be responsible for PROJECT costs in excess of the PROJECT amounts identified herein absent a written amendment to this Agreement that is approved by the Parties. 4. Eligible PROJECT reimbursements shall include only those costs incurred by CITY for PROJECT-specific work activities that are described in this Agreement and shall not include escalation or interest. 5. Neither SBCTA nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless SBCTA, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to Attachment: [Revision 4] (3493 : Funding Agreement for Ranchero Road Widening Project in City of Hesperia) Page 4 of 8 Packet Pg. 28

29 4.b be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. CITY s indemnification obligation applies to SBCTA s active as well as passive negligence but does not apply to SBCTA s sole negligence or willful misconduct within the meaning of Civil Code Section Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction delegated to SBCTA under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, SBCTA shall fully defend, indemnify and save harmless CITY, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction delegated to SBCTA under this Agreement. SBCTA s indemnification obligation applies to CITY s active as well as passive negligence but does not apply to CITY s sole negligence or willful misconduct within the meaning of Civil Code Section This Agreement will be considered terminated upon reimbursement of eligible costs by SBCTA or June 30, 2022, whichever is sooner, provided that the provisions of Paragraphs 5, 6, 7, 8, and 9 of Section II, and Paragraphs 5 and 6 of Section III, shall survive the termination of this Agreement. The Agreement may also be terminated by SBCTA, in its sole discretion, in the event the PROJECT work described in Attachment A has not been initiated by CITY within twelve (12) months of the Effective Date of this Agreement. 8. SBCTA may terminate this Agreement if CITY fails to perform according to the terms of this Agreement and if this failure jeopardizes the delivery of the PROJECT according to the terms herein. 9. The Recitals to this Agreement are true and correct and are incorporated into this Agreement. 10. Attachment A, The Ranchero Road Widening Project (Description of Project and Milestones), and Attachment B, Ranchero Road Widening Project (Summary of Estimated Costs), are attached to and incorporated into this Agreement. 11. This Agreement may be signed in counterparts, each of which shall constitute an original. 12. This Agreement is effective and shall be dated on the date executed by SBCTA. Attachment: [Revision 4] (3493 : Funding Agreement for Ranchero Road Widening Project in City of Hesperia) Page 5 of 8 Packet Pg. 29

30 4.b In witness whereof, the Parties have executed this Agreement by their authorized signatories below. SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY CITY OF HESPERIA By: By: Robert A. Lovingood, President Paul Russ, Mayor Board of Directors Date: APPROVED AS TO FORM Date: APPROVED AS TO FORM: By: By: Eileen Monaghan Teichert Click here to enter text. SBCTA General Counsel City Attorney Date: By: Jeffery Hill Procurement Manager Date: Attachment: [Revision 4] (3493 : Funding Agreement for Ranchero Road Widening Project in City of Hesperia) Page 6 of 8 Packet Pg. 30

31 4.b Attachment A PROJECT DESCRIPTION RANCHERO ROAD PROJECT Description of Project and Milestones Widen Ranchero Road from 2 Lanes to 5 Lanes from the City Limits at Topaz Avenue east to the completed Ranchero Road Undercrossing at 7th Avenue. This project connects to the County's portion of the same project from Topaz Avenue west to 0.3 miles east of Mariposa. PROJECT MILESTONE BASELINE Project Study Report Approved n/a Begin Environmental (PA&ED) Phase 12/1/2007 Circulate Draft Environmental Document 6/1/2013 Draft Project Report n/a End Environmental Phase (PA&ED Milestone) 7/1/2013 Begin Design (PS&E) Phase 3/1/2009 End Design Phase (Ready to List for Advertisement Milestone) 6/1/2017 Begin Right of Way Phase 3/1/2017 End Right of Way Phase (Right of Way Certification Milestone) 2/15/2018 Begin Construction Phase (Contract Award Milestone) 2/15/2018 End Construction Phase (Construction Contract Acceptance Milestone) 5/31/2022 Begin Closeout Phase 6/30/2022 End Closeout Phase (Closeout Report) 12/31/2022 Attachment: [Revision 4] (3493 : Funding Agreement for Ranchero Road Widening Project in City of Hesperia) Page 7 of 8 Packet Pg. 31

32 4.b ATTACHMENT B Component Total Cost RANCHERO ROAD PROJECT Summary of Estimated Costs Cost Incurred Prior to Agreement SBCTA Share of Balance* 41.1% City Share of Balance 58.9% PA&ED $958,041 $467,824 $201,479 $288,738 PS&E $1,717,599 $935,399 $321,484 $460,716 Right of Way $1,496,409 $85,214 $580,001 $831,194 Utility Relocation $1,000,000 $0 $411,000 $589,000 Total $5,172,049 $1,488,437 $1,513,964 $2,169,648 *SBCTA s Share can be from sources under control of SBCTA including but not limited to Measure I Major Local Highways Program (MLHP), State Transportation Improvement Program (STIP), Surface Transportation Program (STP), or other funds without necessitating an amendment of this agreement. Attachment: [Revision 4] (3493 : Funding Agreement for Ranchero Road Widening Project in City of Hesperia) Page 8 of 8 Packet Pg. 32

33 5 Date: May 19, 2017 Minute Action AGENDA ITEM: 5 Subject: Funding Agreement with the County of San Bernardino for the Ranchero Road Widening Project Recommendation: That the Mountain/Desert Policy Committee recommend the Board, acting as the San Bernardino County Transportation Authority: A. Allocate $1,456,640 of Measure I Victor Valley Subarea Major Local Highway Program Funds to the County of San Bernardino for the Ranchero Road Widening Project. B. Approve Agreement with the County of San Bernardino for reimbursement of $1,456,640 in Measure I Victor Valley Subarea Major Local Highway Program Funds for the Ranchero Road Widening Project. Background: The County of San Bernardino has requested a Project Funding Agreement for the Ranchero Road Widening Project. The City of Hesperia is the lead agency on the project. The project will widen Ranchero Road from 2 lanes to 5 lanes from 0.3 miles east of Mariposa Road east to Topaz Avenue, the Hesperia City limits. The project connects to the City of Hesperia s portion of the same project from Topaz Avenue east to the completed Ranchero Road Undercrossing at 7 th Avenue. This project is being delivered through a partnership of the City of Hesperia and the County of San Bernardino, with the City of Hesperia performing the design for the entire project and each jurisdiction performing its own right-of-way activities. The project design has been completed except for the California Aqueduct Bridge in the City of Hesperia and the Union Pacific Railroad crossings. Right of way acquisition has begun and utility relocation will begin in Spring Construction on the entire project is expected to be completed in Fall This allocation is consistent with funding identified in the 2017 Update to the 10-Year Delivery Plan. The allocation and agreement cover projects costs necessary to develop the project to construction. It is anticipated that the County will request an amendment to the agreement for additional funding once it has been determined to move forward into the construction phase. Financial Impact: This item is consistent with the Fiscal Year 2016/2017 Adopted Budget. Reviewed By: This item is not scheduled for review by any other policy committee or technical advisory committee. General Counsel has reviewed this item and the draft agreement. Entity: San Bernardino County Transportation Authority Packet Pg. 33

34 Mountain-Desert Committee Agenda Item May 19, 2017 Page 2 5 Responsible Staff: Ellen Pollema, Management Analyst II Approved Mountain-Desert Committee Date: May 19, 2017 Witnessed By: San Bernardino County Transportation Authority Packet Pg. 34

35 Contract No: Contract Summary Sheet General Contract Information Amendment No.: Vendor No.: a Vendor/Customer Name: County of San Bernardino Sole Source? X Yes No Description: Start Date: Expiration Date: Has Contract Term Been Amended? X No List Any Related Contracts Nos.: Original Contract Revised Contract (Inclusive of Prior Amendments) Current Amendment TOTAL CONTRACT VALUE Executive Director Executive Director Action: Date: X Board of Directors Date: Board of Directors Action: X Original Contingency Revised Contingency (Inclusive of Prior Amendments) Contingency Amendment TOTAL CONTINGENCY VALUE TOTAL DOLLAR AUTHORITY (Contract Value and Contingency) Invoice Warning: 20% Renewals: Type: Capital PAA X Other Retention: Maximum Retention: Services: Construction X Intrgrnt/MOU/COOP A & E Services Other Professional Services Disadvantaged Business Enterprise (DBE) Goal E-76 and/or CTC Date (Attach Copy) Program Supplement No.: Finance Letter 6/7/2017 % Funding Agreement for Ranchero Road Widening Project $ $ $ $ 1,456, Reversion Date: - - 1,456, Approve contract All of the above MUST be submitted to FINANCE including originals, amendments and miscellaneous transaction changes Project Manager: Ellen Pollema Dollar Amount 6/7/2017 6/30/2022 Contract Authorization Contract Management: Payable/Miscellaneous Contract Management: Receivable Additional Information $ % Revised Expiration Date: Yes - Please Explain None - EA No.: $ $ $ $ $ ,456, Attachment: Contract Summary Sheet [Revision 4] (3574 : Funding Agreement with the County of San Bernardino for the Ranchero Road Packet Pg. 35

36 5.b PROJECT FUNDING AGREEMENT NO BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND COUNTY OF SAN BERNARDINO FOR RANCHERO ROAD WIDENING PROJECT THIS Project Funding Agreement ( Agreement ) is made and entered into this 7 th day of June, 2017, by and between the San Bernardino County Transportation Authority (hereinafter referred to as SBCTA ) and the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY ). SBCTA and COUNTY shall be individually or collectively, as applicable, known as Party or Parties. RECITALS A. The Measure I Expenditure Plan and the Victor Valley Subarea transportation planning partners have identified projects eligible for partial funding from Measure I Victor Valley Subarea Major Local Highway Program ( MLHP ); and B. Ranchero Road Widening Project in the COUNTY of SAN BERNARDINO ( PROJECT ) is one of the projects identified as eligible for such funding and is described more fully in Attachment A; and C. SBCTA has determined that the PROJECT is eligible to receive the Victor Valley Subarea MLHP funds; and D. On June 7, 2017, SBCTA s Board of Directors approved allocation of $1,456,640 in Victor Valley Subarea MLHP funds for the PROJECT; and E. This Agreement is to be carried out in accordance with the policies in the Measure I Strategic Plan; and F. Parties desire to proceed with the PROJECT in a timely manner; and Attachment: REV [Revision 3] (3574 : Funding Agreement with the County of San Bernardino for the Ranchero Road Widening Page 1 of 8 Packet Pg. 36

37 5.b G. The PROJECT will widen Ranchero Road from two lanes to five lanes from the COUNTY Limits at 0.3 miles east of Mariposa Avenue east to Topaz; and H. This Agreement is intended to delineate the duties and funding responsibilities of the Parties for the PROJECT; and I. SBCTA and COUNTY are entering into this Agreement with the understanding that SBCTA will reimburse COUNTY for eligible PROJECT expenditures with MLHP funds. NOW, THEREFORE, SBCTA and COUNTY agree to the following: SBCTA AGREES: SECTION I 1. To reimburse COUNTY for the actual cost of the PROJECT up to a maximum of $1,456,640 in MLHP funds. An estimate of costs for the PROJECT is provided in Attachment B. SBCTA shall have no further responsibilities to provide any funding for PROJECT exceeding this amount unless an amendment to this Agreement is approved by the Parties. 2. To reimburse COUNTY within thirty (30) days after COUNTY submits an original and two copies of the signed invoices in the proper form covering those actual allowable PROJECT expenditures that were incurred by COUNTY up to a maximum of $1,456,640, consistent with the invoicing requirements of the Measure I Strategic Plan, including backup information. Invoices may be submitted to SBCTA as frequently as monthly. 3. When conducting an audit of the costs claimed under the provisions of this Agreement, to rely to the maximum extent possible on any prior audit of COUNTY performed pursuant to the provisions of State and Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptable to SBCTA when planning and conducting additional audits. 4. SBCTA shall assign a project liaison for the purpose of attending Project Development Team (PDT) meetings. COUNTY AGREES: SECTION II 1. To be the lead agency for this PROJECT and to diligently undertake and complete in a timely manner the Scope of Work for the PROJECT as shown in Attachment A. Attachment: REV [Revision 3] (3574 : Funding Agreement with the County of San Bernardino for the Ranchero Road Widening Page 2 of 8 Packet Pg. 37

38 5.b 2. To be responsible for expending that portion of allocated MLHP funds on eligible PROJECT expenses for an amount not to exceed $1,456,640 in MLHP funds unless this Agreement is amended and approved increasing PROJECT costs. Reimbursement by SBCTA shall be in accordance with Section I, Paragraph 2. Additionally, expenses relative to time spent on the PROJECT by COUNTY staff are considered eligible PROJECT expenses and may be charged to the PROJECT, subject to SBCTA s guidelines. 3. To abide by all SBCTA, COUNTY, State, and Federal laws, regulations, policies and procedures pertaining to the PROJECT. 4. To prepare and submit to SBCTA an original and two copies of signed invoices for reimbursement of eligible PROJECT expenses. Invoices may be submitted to SBCTA as frequently as monthly. 5. To maintain all source documents, books and records connected with its performance under this Agreement for a minimum of five (5) years from the date of the Final Report of Expenditures submittal to SBCTA or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of SBCTA during normal business hours at COUNTY Department of Public Works. Copies will be made and furnished by COUNTY upon written request by SBCTA. 6. To establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support COUNTY s requests for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of PROJECT work elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by COUNTY. 7. To prepare a Final Report of Expenditures, including a final invoice reporting the actual eligible PROJECT costs expended for those activities described in the work activities, and to submit that Final Report of Expenditures and final invoice no later than one hundred twenty (120) days following the completion of those expenditures. An original and two copies of the Final Report of Expenditures shall be submitted to SBCTA and must state that these PROJECT funds were used in conformance with this Agreement and for those PROJECT-specific work activities described. 8. To cooperate in having a PROJECT-specific audit completed by SBCTA, at SBCTA s option and expense, upon completion of the PROJECT. The audit must state that all funds expended on the PROJECT were used in conformance with this Agreement. 9. To repay to SBCTA any reimbursement for Measure I costs that are determined by subsequent audit to be unallowable within one hundred twenty (120) days of COUNTY receiving notice of audit findings, which time shall include an opportunity for COUNTY to respond to and/or resolve the findings. Should the findings not be Attachment: REV [Revision 3] (3574 : Funding Agreement with the County of San Bernardino for the Ranchero Road Widening Page 3 of 8 Packet Pg. 38

39 5.b otherwise resolved and COUNTY fail to reimburse moneys due SBCTA within one hundred twenty (120) days of audit findings, or within such other period as may be agreed between both Parties, the SBCTA reserves the right to withhold future payments due COUNTY from any source under SBCTA s control. 10. To include SBCTA in Project Development Team (PDT) meetings if and when such meetings are held and in related communications on PROJECT progress, to provide at least quarterly schedule updates to SBCTA, and to consult with SBCTA on critical issues relative to the PROJECT. 11. As an eligible PROJECT expense, to post signs at the boundaries of the PROJECT noting that PROJECT is funded with Measure I funds. Signs shall bear the logos of SBCTA and COUNTY. IT IS MUTUALLY AGREED: SECTION III 1. To abide by all applicable Federal, State and Local laws and regulations pertaining to the PROJECT, including policies in the applicable program in the Measure I Strategic Plan, as amended, as of the Effective Date of this Agreement. 2. The final PROJECT cost may ultimately exceed current estimates of PROJECT cost. Any additional eligible costs resulting from unforeseen conditions over the estimated total of the PROJECT cost, shall be borne by COUNTY unless prior authorization has been approved by the SBCTA Board of Directors pursuant to Section III, Paragraph 3 of this Agreement; 3. In the event COUNTY determines PROJECT work may exceed the not to exceed amount identified in Section I, Paragraph 1, COUNTY shall inform SBCTA of this determination and thereafter the Parties shall work together in an attempt to agree upon an amendment to the PROJECT amounts identified in this Agreement. In no event, however, shall SBCTA be responsible for PROJECT costs in excess of the PROJECT amounts identified herein absent a written amendment to this Agreement that is approved by the Parties. 4. Eligible PROJECT reimbursements shall include only those costs incurred by COUNTY for PROJECT-specific work activities that are described in this Agreement and shall not include escalation or interest. 5. Neither SBCTA nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully defend, indemnify and save harmless SBCTA, its officers and employees from all claims, suits or Attachment: REV [Revision 3] (3574 : Funding Agreement with the County of San Bernardino for the Ranchero Road Widening Page 4 of 8 Packet Pg. 39

40 5.b actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. COUNTY s indemnification obligation applies to SBCTA s active as well as passive negligence but does not apply to SBCTA s sole negligence or willful misconduct within the meaning of Civil Code Section Neither COUNTY nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction delegated to SBCTA under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, SBCTA shall fully defend, indemnify and save harmless COUNTY, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction delegated to SBCTA under this Agreement. SBCTA s indemnification obligation applies to COUNTY s active as well as passive negligence but does not apply to COUNTY s sole negligence or willful misconduct within the meaning of Civil Code Section This Agreement will be considered terminated upon reimbursement of eligible costs by SBCTA or June 30, 2022, whichever is sooner, provided that the provisions of Paragraphs 5, 6, 7, 8, and 9 of Section II, and Paragraphs 5 and 6 of Section III, shall survive the termination of this Agreement. The Agreement may also be terminated by SBCTA, in its sole discretion, in the event the PROJECT work described in Attachment A has not been initiated by COUNTY within twelve (12) months of the Effective Date of this Agreement. 8. SBCTA may terminate this Agreement if COUNTY fails to perform according to the terms of this Agreement and if this failure jeopardizes the delivery of the PROJECT according to the terms herein. 9. The Recitals to this Agreement are true and correct and are incorporated into this Agreement. 10. Attachment A, The Ranchero Road Widening Project (Description of Project and Milestones), and Attachment B, Ranchero Road Widening Project (Summary of Estimated Costs), are attached to and incorporated into this Agreement. 11. This Agreement may be signed in counterparts, each of which shall constitute an original. 12. This Agreement is effective and shall be dated on the date executed by SBCTA. Attachment: REV [Revision 3] (3574 : Funding Agreement with the County of San Bernardino for the Ranchero Road Widening Page 5 of 8 Packet Pg. 40

41 5.b In witness whereof, the Parties have executed this Agreement by their authorized signatories below. SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY COUNTY OF SAN BERNARDINO By: By: Robert A. Lovingood, President Robert A. Lovingood, Chairman Board of Directors Board of Supervisors Date: APPROVED AS TO FORM Date: APPROVED AS TO FORM: By: By: Eileen Monaghan Teichert Click here to enter text. SBCTA General Counsel COUNTY Counsel Date: By: Jeffery Hill Procurement Manager Date: Attachment: REV [Revision 3] (3574 : Funding Agreement with the County of San Bernardino for the Ranchero Road Widening Page 6 of 8 Packet Pg. 41

42 5.b PROJECT DESCRIPTION Attachment A RANCHERO ROAD PROJECT Description of Project and Milestones Widen Ranchero Road from 2 Lanes to 5 Lanes from 0.3 miles east of Mariposa Road east to Topaz Avenue. This project connects to the City of Hesperia s portion of the same project from Topaz Avenue east to the completed Ranchero Road Undercrossing at 7th Avenue. PROJECT MILESTONE BASELINE Project Study Report Approved n/a Begin Environmental (PA&ED) Phase 12/1/2007 Circulate Draft Environmental Document 6/1/2013 Draft Project Report n/a End Environmental Phase (PA&ED Milestone) 7/1/2013 Begin Design (PS&E) Phase 3/1/2009 End Design Phase (Ready to List for Advertisement Milestone) 6/1/2017 Begin Right of Way Phase 3/1/2017 End Right of Way Phase (Right of Way Certification Milestone) 2/15/2018 Begin Construction Phase (Contract Award Milestone) 2/15/2018 End Construction Phase (Construction Contract Acceptance Milestone) 5/31/2022 Begin Closeout Phase 6/30/2022 End Closeout Phase (Closeout Report) 12/31/2022 Attachment: REV [Revision 3] (3574 : Funding Agreement with the County of San Bernardino for the Ranchero Road Widening Page 7 of 8 Packet Pg. 42

43 5.b Component ATTACHMENT B RANCHERO ROAD PROJECT Total Cost Summary of Estimated Costs SBCTA Share* 58.5% COUNTY Share 41.5% PA&ED $306,504 $0 $306,504 PS&E $406,295 $0 $406,295 Right of Way $1,490,000 $871,650 $618,350 Utility Relocation $1,000,000 $585,000 $415,000 Total $3,202,799 $1,456,640 $1,746,149 *SBCTA S Share can be from sources under control of SBCTA including but not limited to Measure I Major Local Highways Program (MLHP), State Transportation Improvement Program (STIP), Surface Transportation Program (STP), or other funds without necessitating an amendment of this Agreement. Attachment: REV [Revision 3] (3574 : Funding Agreement with the County of San Bernardino for the Ranchero Road Widening Page 8 of 8 Packet Pg. 43

44 MOUNTAIN/DESERT POLICY COMMITTEE ATTENDANCE RECORD 2017 Name Jan Feb March April May June July Aug Sept Oct Nov Dec Rich Kerr City of Adelanto Curt Emick Town of Apple Valley X Julie McIntyre City of Barstow X X X X Bill Jahn City of Big Bear Lake X X X X Bill Holland City of Hesperia X* X X Ed Paget City of Needles X X X Joel Klink City of Twentynine Palms X X X X Jim Kennedy City of Victorville X X Rick Denison Town of Yucca Valley X* X X X Robert Lovingood County of San Bernardino X X X Janice Rutherford County of San Bernardino James Ramos County of San Bernardino *Non-voting City Representative attended **The Mountain/Desert Committee did not meet *** New SANBAG Board Member + Measure I Committee representative x*alternate Attended Communication: Attendance (Additional Information) X = Member attended meeting. Empty box = Member did not attend meeting Crossed out box = Not a Board Member at the time. MDCatt17.doc Page 1 of 1 Packet Pg. 44

45 02/02/2017 Acronym List 1 of 2 This list provides information on acronyms commonly used by transportation planning professionals. This information is provided in an effort to assist Board Members and partners as they participate in deliberations at Board meetings. While a complete list of all acronyms which may arise at any given time is not possible, this list attempts to provide the most commonly-used terms. Staff makes every effort to minimize use of acronyms to ensure good communication and understanding of complex transportation processes. AB Assembly Bill ACE Alameda Corridor East ACT Association for Commuter Transportation ADA Americans with Disabilities Act ADT Average Daily Traffic APTA American Public Transportation Association AQMP Air Quality Management Plan ARRA American Recovery and Reinvestment Act ATMIS Advanced Transportation Management Information Systems BAT Barstow Area Transit CALACT California Association for Coordination Transportation CALCOG California Association of Councils of Governments CALSAFE California Committee for Service Authorities for Freeway Emergencies CARB California Air Resources Board CEQA California Environmental Quality Act CMAQ Congestion Mitigation and Air Quality CMIA Corridor Mobility Improvement Account CMP Congestion Management Program CNG Compressed Natural Gas COG Council of Governments CPUC California Public Utilities Commission CSAC California State Association of Counties CTA California Transit Association CTC California Transportation Commission CTC County Transportation Commission CTP Comprehensive Transportation Plan DBE Disadvantaged Business Enterprise DEMO Federal Demonstration Funds DOT Department of Transportation EA Environmental Assessment E&D Elderly and Disabled E&H Elderly and Handicapped EIR Environmental Impact Report (California) EIS Environmental Impact Statement (Federal) EPA Environmental Protection Agency FHWA Federal Highway Administration FSP Freeway Service Patrol FRA Federal Railroad Administration FTA Federal Transit Administration FTIP Federal Transportation Improvement Program GFOA Government Finance Officers Association GIS Geographic Information Systems HOV High-Occupancy Vehicle ICTC Interstate Clean Transportation Corridor IEEP Inland Empire Economic Partnership ISTEA Intermodal Surface Transportation Efficiency Act of 1991 IIP/ITIP Interregional Transportation Improvement Program ITS Intelligent Transportation Systems IVDA Inland Valley Development Agency JARC Job Access Reverse Commute LACMTA Los Angeles County Metropolitan Transportation Authority LNG Liquefied Natural Gas LTF Local Transportation Funds Communication: Acronym List (Additional Information) Packet Pg. 45

46 02/02/2017 Acronym List 2 of 2 MAGLEV MARTA MBTA MDAB MDAQMD MOU MPO MSRC NAT NEPA OA OCTA PA&ED PASTACC PDT PNRS PPM PSE PSR PTA PTC PTMISEA RCTC RDA RFP RIP RSTIS RTIP RTP RTPA SB SAFE SAFETEA-LU SCAB SCAG SCAQMD SCRRA SHA SHOPP SOV SRTP STAF STIP STP TAC TCIF TCM TCRP TDA TEA TEA-21 TMC TMEE TSM TSSDRA USFWS VCTC VVTA WRCOG Magnetic Levitation Mountain Area Regional Transportation Authority Morongo Basin Transit Authority Mojave Desert Air Basin Mojave Desert Air Quality Management District Memorandum of Understanding Metropolitan Planning Organization Mobile Source Air Pollution Reduction Review Committee Needles Area Transit National Environmental Policy Act Obligation Authority Orange County Transportation Authority Project Approval and Environmental Document Public and Specialized Transportation Advisory and Coordinating Council Project Development Team Projects of National and Regional Significance Planning, Programming and Monitoring Funds Plans, Specifications and Estimates Project Study Report Public Transportation Account Positive Train Control Public Transportation Modernization, Improvement and Service Enhancement Account Riverside County Transportation Commission Redevelopment Agency Request for Proposal Regional Improvement Program Regionally Significant Transportation Investment Study Regional Transportation Improvement Program Regional Transportation Plan Regional Transportation Planning Agencies Senate Bill Service Authority for Freeway Emergencies Safe Accountable Flexible Efficient Transportation Equity Act A Legacy for Users South Coast Air Basin Southern California Association of Governments South Coast Air Quality Management District Southern California Regional Rail Authority State Highway Account State Highway Operations and Protection Program Single-Occupant Vehicle Short Range Transit Plan State Transit Assistance Funds State Transportation Improvement Program Surface Transportation Program Technical Advisory Committee Trade Corridor Improvement Fund Transportation Control Measure Traffic Congestion Relief Program Transportation Development Act Transportation Enhancement Activities Transportation Equity Act for the 21 st Century Transportation Management Center Traffic Management and Environmental Enhancement Transportation Systems Management Transit System Safety, Security and Disaster Response Account United States Fish and Wildlife Service Ventura County Transportation Commission Victor Valley Transit Authority Western Riverside Council of Governments Communication: Acronym List (Additional Information) Packet Pg. 46

47 San Bernardino Associated Governments MISSION STATEMENT To enhance the quality of life for all residents, San Bernardino Associated Governments (SANBAG) will: - Improve cooperative regional planning - Develop an accessible, efficient, multi-modal transportation system - Strengthen economic development efforts - Exert leadership in creative problem solving To successfully accomplish this mission, SANBAG will foster enhanced relationships among all of its stakeholders while adding to the value of local governments. Communication: Mission Statement (Additional Information) Approved June 2, 1993 Reaffirmed March 6, 1996 mission.doc Packet Pg. 47