AGENDA General Policy Committee Meeting June 13, 2018 9:00 AM Location San Bernardino County Transportation Authority First Floor Lobby Board Room 1170 W. 3rd Street, San Bernardino, CA 92410 General Policy Committee Membership Chair – Vice President Supervisor James Ramos County of San Bernardino President Mayor Pro Tem Alan Wapner City of Ontario Past President Supervisor Robert Lovingood County of San Bernardino Mt./Desert Representatives Council Member Bill Jahn City of Big Bear Lake, MDC/TC Chair Council Member Joel Klink City of Twentynine Palms Mayor Pro Tem Bill Holland City of Hesperia East Valley Representatives Council Member Frank Navarro City of Colton Mayor Darcy McNaboe City of Grand Terrace, MVSS Chair Mayor Larry McCallon City of Highland West Valley Representatives Mayor Acquanetta Warren City of Fontana Mayor L. Dennis Michael City of Rancho Cucamonga Supervisor Curt Hagman County of San Bernardino Ray Wolfe Executive Director Eileen Monaghan Teichert General Counsel
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AGENDA
General Policy Committee Meeting
June 13, 2018
9:00 AM
Location
San Bernardino County Transportation Authority
First Floor Lobby Board Room
1170 W. 3rd Street, San Bernardino, CA 92410
General Policy Committee Membership
Chair – Vice President
Supervisor James Ramos
County of San Bernardino
President
Mayor Pro Tem Alan Wapner
City of Ontario
Past President
Supervisor Robert Lovingood
County of San Bernardino
Mt./Desert Representatives
Council Member Bill Jahn
City of Big Bear Lake, MDC/TC Chair
Council Member Joel Klink
City of Twentynine Palms
Mayor Pro Tem Bill Holland
City of Hesperia
East Valley Representatives
Council Member Frank Navarro
City of Colton
Mayor Darcy McNaboe
City of Grand Terrace, MVSS Chair
Mayor Larry McCallon
City of Highland
West Valley Representatives
Mayor Acquanetta Warren
City of Fontana
Mayor L. Dennis Michael
City of Rancho Cucamonga
Supervisor Curt Hagman
County of San Bernardino
Ray Wolfe
Executive Director
Eileen Monaghan Teichert
General Counsel
pg. 2
San Bernardino County Transportation Authority
San Bernardino Council of Governments
AGENDA
General Policy Committee Meeting
June 13, 2018
9:00 AM
Location San Bernardino County Transportation Authority
First Floor Lobby Board Room
1170 W. 3rd Street, San Bernardino, CA 92410
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 James Ramos)
i. Pledge of Allegiance
ii. Attendance
iii. Announcements
iv. Agenda Notices/Modifications – Diane Greve
Possible Conflict of Interest Issues
Note agenda item contractors, subcontractors and agents which may require member abstentions
due to conflict of interest and financial interests. Board Member abstentions shall be stated
under this item for recordation on the appropriate item.
1. Information Relative to Possible Conflict of Interest
Note agenda items and contractors/subcontractors, which may require member abstentions
due to possible conflicts of interest.
This item is prepared monthly for review by Board and Committee members.
Pg. 11
pg. 3
CONSENT CALENDAR
Items listed on the Consent Calendar are expected to be routine and non-controversial.
The Consent Calendar will be acted upon as a single motion. Items on the Consent Calendar
may be removed for discussion by Board Members.
Consent - Administrative Matters
2. May 2018 Procurement Report
Receive the May 2018 Procurement Report.
Presenter: Hilda Flores
This item is not scheduled for review by any other policy committee or technical
advisory committee.
3. Budget to Actual Report for Third Quarter Ending March 31, 2018
Receive and file Budget to Actual Report for third quarter ending March 31, 2018.
Presenter: Beatriz Valdez
This item is not scheduled for review by any other policy committee or technical
advisory committee.
DISCUSSION ITEMS
Discussion - Administrative Matters
4. San Bernardino Santa Fe Depot Structural Repairs Construction Management Services
Contract Award
That the General Policy Committee recommend the Board, acting as the San Bernardino
County Transportation Authority:
A. Authorize the Executive Director or designee to award and execute Contract
No. 18-1001911 with S2 Engineering, Inc. for Construction Management Services for the
Santa Fe Depot Structural Repairs Project in an amount of $99,162.82 after Caltrans’
approval of Exhibit 10-C, Consultant Contract Reviewer Checklist.
B. Approve a contingency amount for Contract No. 18-1001911 of $9,916.28 and authorize
the Executive Director or designee to release contingency as necessary for the project for a
total not-to-exceed amount of $109,079.10.
Presenter: Duane Baker
This item is not scheduled for review by any other policy committee or technical
advisory committee. SBCTA General Counsel and Procurement Manager have
reviewed this item and the draft contract.
5. Biennial Review of Conflict of Interest Code
That the General Policy Committee recommend the Board, acting as the San Bernardino
County Transportation Authority (SBCTA):
A. Perform the biennial review of SBCTA’s Policy No. 10102 Conflict of Interest Code, and
amend Appendix A with updated employee job titles and disclosure categories, as outlined in
attachment.
B. Direct the SBCTA Clerk of the Board to submit the Policy and Appendix A to the
San Bernardino County Board of Supervisors for approval.
Presenter: Vicki Watson
This item is not scheduled for review by any other policy or technical advisory
committee. SBCTA General Counsel has reviewed this item and the Policy.
Pg. 12
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Pg. 54
pg. 4
6. Policy 10105 - Records Management and Retention Policy
That the General Policy Committee recommend the Board:
A. Acting as the San Bernardino County Transportation Authority (SBCTA), adopt
Resolution No. 19-002 establishing Policy No. 10105 – Records Management Policy, and
approving Policy Appendix A – Records Retention Schedules (11), and Appendix B –
Disposition of Records Form; and
B. Acting as the San Bernardino Associated Governments (SBCOG), approve applicability
of Policy 10105 and its Appendices to SBCOG.
Presenter: Eileen Teichert and Vicki Watson
This item is not scheduled for review by any other policy committee or technical
advisory committee. SBCTA General Counsel has reviewed this item, the policy,
Resolution and retention schedules.
Discussion - Regional/Subregional Planning
7. Grant Application Strategy for Active Transportation Program Cycle 4 Funding
That the General Policy Committee recommend the Board, acting as the San Bernardino
County Transportation Authority:
A. Receive information on the San Bernardino County Transportation Authority (SBCTA)
Fiscal Year 2018/2019 grant cycle 4 application strategy for Active Transportation Program
(ATP) funding.
B. Authorize the Executive Director, or his designee, to execute Senate Bill 1 (SB1)
Baseline Agreements, including technical and administrative changes to the project
information that may be necessary, in the form approved by General Counsel, for projects
that receive funding under the ATP SB1 grant program. The specific projects for which
authorization is requested are:
Metrolink Bicycle and Pedestrian Accessibility Plan Implementation Phase II, contingent
on the identification of funding commitments for project management and other matching
funds from a combination of local jurisdictions and appropriate regional sources, as
determined by the Executive Director prior to the submittal of the application.
San Bernardino County Safe Routes to School Program Implementation Phase II
Presenter: Josh Lee
This item is not scheduled for review by any other policy committee or technical
advisory committees.
8. 2018 Update to the Development Mitigation Nexus Study
That the General Policy Committee recommend the Board, acting as the County
Transportation Authority:
Approve the 2018 Update to the Development Mitigation Nexus Study Project Lists and Cost
Estimates.
Presenter: Cameron Brown
This item is not scheduled for review by any other policy committee. The information
in this item was distributed to the Transportation Technical Advisory Committee on
June 4, 2018.
Pg. 58
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pg. 5
9. Non-Motorized Transportation Plan Amendment: Update Bike Plan and Incorporate
Safe Routes to School (SRTS), Points of Interest Pedestrian Plan (PIPP), and Rim of the
World (ROTW) Active Transportation Plan
That the General Policy Committee recommend the Board approve amendments to the
San Bernardino County Non-Motorized Transportation Plan as contained in Attachments A
through G and outlined below.
Presenter: Ginger Koblasz
This item is not scheduled for review by any other policy committee. The information
in this item was distributed to the Transportation Technical Advisory Committee on
June 4, 2018.
Discussion - Council of Governments
10. Agreement with the Auditor-Controller/Treasurer/Tax Collector for the Collection of
Special Taxes, Fees, and Assessments for Fiscal Year 2018/2019 as required by the
HERO Program
That the General Policy Committee recommend the Board of Directors, acting as
the San Bernardino Associated Governments, approve Agreement 18-1001979 with the
San Bernardino County Auditor-Controller/Treasurer/Tax Collector providing for the
collection of special assessments related to the San Bernardino Associated Governments
Home Energy Renovation Opportunity (HERO) Program for Fiscal Year 2018/2019.
Presenter: Duane Baker
This item is not scheduled for review by any other policy committee or technical
advisory committee. This item and the draft Agreement have been reviewed by
General Counsel.
11. State and Federal Legislative Update
Receive and file the June 2018 State and Federal Legislative Update.
Presenter: Louis Vidaure
This item is not scheduled for review by any other policy committee or technical
advisory committee.
Discussion - Transportation Programming and Fund Administration
12. Addition of Report Due Dates to Measure I Local Street Policies 40003, 40012, and
40016
That the General Policy Committee recommend the Board, acting as the San Bernardino
County Transportation Authority, approve amendment to the Measure I 2010-2040 Strategic
Plan Policies 40003, 40012, and 40016 to include the due date for the annual update of a
member jurisdiction’s Five Year Plan related to the Local Streets Program requirements of
Ordinance No. 04-01.
Presenter: Ellen Pollema
This item is not scheduled for review by any other policy committee. The item has been
reviewed by the Transportation Technical Advisory Committee on June 4, 2018.
This item and the draft Policies have been reviewed by General Counsel.
Pg. 78
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Pg. 109
pg. 6
13. Measure I 2018 Population Estimates
That the General Policy Committee recommend the Board, acting as the San Bernardino
County Transportation Authority, adopt the 2018 Population Estimates in Attachment B for
use in the allocation of Measure I Local Street Program Funds.
Presenter: Ellen Pollema
This item is not scheduled for review by any other policy committee or technical
advisory committee.
Public Comment
Brief Comments from General Public
Comments from Board Members
Brief Comments from Board Members
ADJOURNMENT
Additional Information
Attendance Record
Acronym List
Mission Statement
Pg. 144
Pg. 155Pg. 156Pg. 158
pg. 7
Meeting Procedures and Rules of Conduct
Meeting Procedures - The Ralph M. Brown Act is the state law which guarantees the public’s
right to attend and participate in meetings of local legislative bodies. These rules have been
adopted by the Board of Directors in accordance with the Brown Act, Government Code 54950
et seq., and shall apply at all meetings of the Board of Directors and Policy Committees.
Accessibility - The meeting facility is accessible to persons with disabilities. If assistive
listening devices or other auxiliary aids or services are needed in order to participate in the public
meeting, requests should be made through the Clerk of the Board at least three (3) business days
prior to the Board meeting. The Clerk’s telephone number is (909) 884-8276 and office is
located at 1170 W. 3rd
Street, 2nd
Floor, San Bernardino, CA.
Agendas – All agendas are posted at 1170 W. 3rd
Street, 1st Floor, San Bernardino at least 72
hours in advance of the meeting. Staff reports related to agenda items may be reviewed at the
SBCTA offices located at 1170 W. 3rd
Street, 2nd
Floor, San Bernardino and our website:
www.gosbcta.com.
Agenda Actions – Items listed on both the “Consent Calendar” and “Discussion” contain
recommended actions. The Board of Directors will generally consider items in the order listed
on the agenda. However, items may be considered in any order. New agenda items can be
added and action taken by two-thirds vote of the Board of Directors or unanimous vote of
members present as provided in the Ralph M. Brown Act Government Code Sec. 54954.2(b).
Closed Session Agenda Items – Consideration of closed session items excludes members of the
public. These items include issues related to personnel, pending litigation, labor negotiations and
real estate negotiations. Prior to each closed session, the Chair will announce the subject matter
of the closed session. If action is taken in closed session, the Chair may report the action to the
public at the conclusion of the closed session.
Public Testimony on an Item – Members of the public are afforded an opportunity to speak on
any listed item. Individuals wishing to address the Board of Directors or Policy Committee
Members should complete a “Request to Speak” form, provided at the rear of the meeting room,
and present it to the Clerk prior to the Board's consideration of the item. A "Request to Speak"
form must be completed for each item an individual wishes to speak on. When recognized by
the Chair, speakers should be prepared to step forward and announce their name and address for
the record. In the interest of facilitating the business of the Board, speakers are limited to three
(3) minutes on each item. Additionally, a twelve (12) minute limitation is established for the
total amount of time any one individual may address the Board at any one meeting. The Chair or
a majority of the Board may establish a different time limit as appropriate, and parties to agenda
items shall not be subject to the time limitations. Members of the public requesting information
be distributed to the Board of Directors must provide 40 copies of such information in advance
of the meeting, except for noticed public hearings. Information provided as public testimony is
not read into the record by the Clerk.
The Consent Calendar is considered a single item, thus the three (3) minute rule applies.
Consent Calendar items can be pulled at Board member request and will be brought up
individually at the specified time in the agenda allowing further public comment on those items.
Agenda Times – The Board is concerned that discussion take place in a timely and efficient
manner. Agendas may be prepared with estimated times for categorical areas and certain topics
to be discussed. These times may vary according to the length of presentation and amount of
7) Provide direction, administration, and responsibility for implementation
of the approved SIQMP per Caltrans Construction Procedures Directive
(CPD) 08-5 and FHWA Title 23 requirements.
Material testing/source inspection personnel will be certified by a California Registered
Civil Engineer as being experienced and competent in the test procedures required for the
work involved (and possess a current certificate of proficiency (Form MR-0111) in
accordance with Quality Assurance Program Manual (Section 3-5)). Independent
certification of Caltrans’ test procedures may be performed at the discretion of the
SBCTA Project Manager.
6. Materials Technicians
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CONSULTANT personnel provided under this contract will have a variety of skills and
experience appropriate for the level of tasks to be assigned. Field personnel shall be
certified by Caltrans and should have a minimum of two (2) years' experience in
conducting material sampling and testing of the type required for the projects involved
and possess the following additional capabilities:
a. Have the ability to establish specific locations for appropriate tests when
construction contract administration personnel are not available.
b. Be familiar with construction practices and be fully aware of construction
activities at the Project site.
c. Have knowledge of and comply with safety and health regulations and
requirements applicable to the Project.
d. Specific qualifications for technicians are as follows:
1) CONSTRUCTION TECHNICIAN I
a) Performs a variety of semi-skilled activities. Examples of duties
assigned to this classification are:
i. Conducting quality control tests, such as soil densities,
sieve analysis tests, operation scales and inspecting
spread operations.
ii. Sampling and transporting produced construction
materials from point of application or production to
testing laboratory.
b) Knowledge and Skills Required
i. Knowledge of tools, equipment and vehicles utilized in
construction.
ii. Knowledge of standard equipment and materials used
for the sampling and testing of construction material.
iii. Knowledge of basic mathematics used in the
computation of a variety of construction items.
iv. Knowledge of record keeping, preparing of documents
and reports.
2) CONSTRUCTION TECHNICIAN II
a) Performs a variety of skilled activities. Examples of duties
assigned to this classification are:
i. Inspecting minor construction items, sampling and
inspection of steel reinforcement, sampling and
inspection of concrete placing operation.
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ii. Collect and analyze soil samples of construction
materials to determine compaction and moisture content.
iii. Inspection and sampling of all phases of asphalt concrete
and PCC paving operation, including plant inspection.
iv. Confers with construction engineers and contractors
regarding construction in progress and is conformance to
specifications and construction plans.
v. Answers questions and resolves problems.
vi. Inspects construction in progress to ensure conformance
with specification, agreements, and established
requirements.
vii. Keeps daily diary of work progress.
viii. Prepares reports on all field inspections and submits
project quantities on a daily basis.
ix. Keeps accurate documentation for force accounts and
possible claims.
b) Knowledge and Skills Required
i. All knowledge and skills required of lower
classification.
ii. Knowledge of currently accepted methods, procedures
and techniques used in highway construction inspection,
survey, materials testing, and quality control equipment.
iii. Skill in interpersonal relations as applied to contact with
contractors, representatives of other governmental
jurisdictions, and other SBCTA/Caltrans staff.
3) CONSTRUCTION TECHNICIAN III
a) Exercises considerable independent judgment within general
Caltrans standards and guidelines. Examples of duties assigned
to this classification are:
i. Inspect Project construction on an ongoing basis to
assure compliance with contract and in accordance with
State and local standards.
ii. Perform a variety of structural material tests and
inspections.
iii. Reviews construction plans and verifies that these are in
accordance with designated specifications and other
requirements.
iv. Participates in the preparation of completed work
estimates, to calculate compensation due contractor.
v. Examines and verifies numeric data and material
specifications on project cost source documents,
utilizing geometry and trigonometry calculations.
vi. Supervises all work activities involved in construction
projects, laboratory, and quality control work.
vii. Recommends approval of proposed Project changes.
b) Knowledge and Skills Required
i. All knowledge and skills required of lower
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classifications.
ii. Knowledge of the principles and practices of Civil
Engineering as applied to the construction of state
highways.
iii. Skill in analyzing and evaluating a wide variety of
highly technical engineering data, including construction
plans, field survey and quality control documents.
iv. Skill in interpreting and implementing Caltrans
standards, policies, procedures and regulations.
v. Skill in interpersonal relations, as applied to contacts
with contractors, representatives of other governmental
jurisdictions, and other SBCTA/City/Caltrans staff.
END OF SCOPE OF WORK
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Entity: San Bernardino County Transportation Authority
Minute Action
AGENDA ITEM: 5
Date: June 13, 2018
Subject:
Biennial Review of Conflict of Interest Code
Recommendation:
That the General Policy Committee recommend the Board, acting as the San Bernardino County
Transportation Authority (SBCTA):
A. Perform the biennial review of SBCTA’s Policy No. 10102 Conflict of Interest Code, and
amend Appendix A with updated employee job titles and disclosure categories, as outlined in
attachment.
B. Direct the SBCTA Clerk of the Board to submit the Policy and Appendix A to the San
Bernardino County Board of Supervisors for approval.
Background:
The Political Reform Act (Act) requires every local government agency that takes actions that
foreseeably may materially affect economic interests to adopt a Conflict of Interest Code for its
employees and officials. San Bernardino County Transportation Authority (SBCTA) has
adopted a Conflict of Interest Code and it is set forth in SBCTA Policy No. 10102. The Conflict
of Interest Code lists those employees or officers who are required to file a statement of
economic interests (“designated employees”) and prescribes the types of interests which must be
disclosed by such officials (“disclosure categories”).
In order to ensure the agency’s designated employees and disclosure categories are reflective of
the current organization and ability to affect economic interests, the Act requires agencies to
review their conflict of interest codes at least biennially. SBCTA staff has reviewed Policy
No. 10102, Conflict of Interest Code, and recommends amendments to Appendix A, which lists
designated positions which make or participate in the making of decisions which may
foreseeably have a material effect on private financial interests. It is recommended that
Appendix A be modified to add new positions and job titles. The amended Appendix A in the
attachment to this item reflects the most current titles for those positions covered under the
Conflict of Interest Code.
The Act provides that where a multi-jurisdictional governmental agency is wholly within a
county, the Board of Supervisors is the code reviewing body for that agency. Accordingly, after
the SBCTA Board reviews SBCTA’s Conflict of Interest Code and amends Appendix A, it must
be submitted to the San Bernardino County Board of Supervisors for their review.
Financial Impact:
This item does not have an impact on the Fiscal Year 2018/2019 budget.
Reviewed By:
This item is not scheduled for review by any other policy or technical advisory committee.
SBCTA General Counsel has reviewed this item and the Policy.
Responsible Staff:
Vicki Watson, Clerk of the Board
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General Policy Committee Agenda Item
June 13, 2018
Page 2
San Bernardino County Transportation Authority
Approved
General Policy Committee
Date: June 13, 2018
Witnessed By:
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Policy10102 1 of 2
Conflict of Interest Code – Designated Employees Policy 10102 Appendix A
Designated Employees Categories
1. Accounting Supervisor 2
2. Assistant General Counsel 2
3. Board of Directors (County designees) 1
4. Board of Directors (City designees) 1
5. Board of Directors Alternates (City designees) 1
6. Chief Financial Officer 1
7. Chief of Air Quality/Mobility Programs 2
8. Chief of Fiscal Resources 2
9. Chief of Fund Administration and Progamming 2
10. Chief of Legislative and Public Affairs 2
11. Chief of Planning 2
12. Chief of Transit/Rail Programs 2
13. Clerk of the Board/Administrative Supervisor 2
14. Construction Manager 2
15. Consultant ** 2
16 Council of Governments Administrator 2
17. Deputy Executive Director 1
18. Director of Fund Administration and Programming 1
19. Director of Legislative and Public Affairs 1
20. Director of Planning 1
21. Director of Project Delivery and Toll Operations 1
22. Director of Transit/Rail Programs 1
23. Executive Director 1
24. General Counsel 1
25. Human Resources/Information Services Administrator 2
26. Management Analyst II* 1
27. Management Analyst III* 1
28. Procurement Analyst 2
29. Procurement Manager 2
30 Program Manager 2
31. Project Delivery Manager 2
32 Right of Way Administrator 1
33 Risk Manager 2
34. Senior Planner 2
35 Toll Operations Administrator 2
36 Toll Financial Administrator 2
* Only Management Analysts who perform Right of Way activities must file. ** Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:
The Executive Director may determine in writing that a particular consultant, although a "designated employee," is hired to perform a range of duties that is limited in scope and, thus, is not required to fully comply with the disclosure requirements in this Code. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of
disclosure requirements. The Executive Director's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
Form 700s filed by the Board of Directors (County designees) are filed with the Clerk of the County Board of Supervisors, not with SANBAGSBCTA.
Disclosure Categories CATEGORY l Designated employees in this category shall disclose all sources of income, interests in real property, investments and business positions in business entities. Designated employees in this category shall complete all schedules of Form 700, if applicable.
CATEGORY 2 Designated employees in this category shall disclose sources of income, investments, and business positions in business entities which provide services, supplies, materials, machinery or equipment of the type purchased or utilized by the department in which the designated employee is employed. Designated employees in this category shall complete all schedules of Form 700 except schedule B, if applicable.
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Entity: San Bernardino Council of Governments, San Bernardino County Transportation
Authority
Minute Action
AGENDA ITEM: 6
Date: June 13, 2018
Subject:
Policy 10105 - Records Management and Retention Policy
Recommendation:
That the General Policy Committee recommend the Board:
A. Acting as the San Bernardino County Transportation Authority (SBCTA), adopt Resolution
No. 19-002 establishing Policy No. 10105 – Records Management Policy, and approving Policy
Appendix A – Records Retention Schedules (11), and Appendix B – Disposition of Records
Form; and
B. Acting as the San Bernardino Associated Governments (SBCOG), approve applicability of
Policy 10105 and its Appendices to SBCOG.
Background: SBCTA creates, uses, maintains, stores, preserves and disposes of records subject to the California Public Records Act, other state and federal laws, and numerous contract provisions related to records retention and disposition. However, SBCTA does not have and has never had a formally adopted comprehensive policy regarding records management including retention and destruction.
A comprehensive Records Management Policy is needed for SBCTA to effectively, efficiently and legally retain and dispose of records. The purposes of this Policy are to: comply with state, federal and contractual requirements; ensure records are kept only as long as they have some operation, legal, financial or historical value; establish legal documentation of the agencies’ normal course of business for the management, retention and destruction of the agencies’ records; and evidence the agencies’ accountability to the public as trustees of public records.
Staff of the Clerk of the Board and General Counsel’s Office have worked for several years to research, draft and develop SBCTA’s and SBCOG’s first Records Management Policy and Records Retention Schedules. A significant amount of staff research and time was expended to ensure the Policy and Schedules comply with the numerous federal, state, and contractual obligations that apply to the agencies’ records.
The Policy provides that the Clerk of the Board will be the Records Administrator for SBCTA and SBCOG. The Records Administrator’s duties include: maintain, review and update the Records Retention Schedules; ensure security and integrity of the records stored; coordinate the transfer of records to, and retrieval from, offsite storage; and at the direction of the Executive Director, oversee destruction of records in accordance with the Retention Schedules and Policy. The Records Administrator will review the Policy and Retention Schedules at least every five years to determine if any changes are necessitated by changes in contract requirements, in the law or Agencies’ needs. Such revisions will be brought back to the Board for review and approval. Additionally, subject to the Executive Director’s approval, the Records Administrator will prepare Records Management Procedures providing for the means and methods by which the Agencies will comply with this Policy.
Department Directors are responsible under the Policy for organizing and managing Department Records until they are turned over to the Records Administrator for storage, archiving, or destruction. Department Directors shall ensure that the consultants, contractors and vendors under their direction maintain Agency records in accordance with the Policy.
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General Policy Committee Agenda Item
June 13, 2018
Page 2
San Bernardino Council of Governments
San Bernardino County Transportation Authority
The Policy defines a Record as: a document containing data or information of any kind and in any form (physical or electronic) generated or received by the Agencies, containing information necessary for the operation of SBCTA’s business. A Record typically holds operational, legal, financial or historical value.
Key elements of the Policy are the eleven (11) Records Retention Schedules created for the Agencies’ departments, and for Agency-wide use. The Records Retention Schedules include categories of records and their retention periods during which the Records must be kept before final destruction. The retention periods are either expressly specified under federal or state funding requirements, federal or state law, or determined to be in the best interests of the Agencies. The Records retention periods range from thirty (30) days to permanent. Records falling under more than one category are to be kept for the longer period. Not all Records listed in the Records Retention Schedules are disclosable under the Public Records Act or other laws, but remain subject to determination under the law as to their disclosability.
The Policy also provides for development of an electronic communications procedure, so that emails, text messages, voice mails and other electronic communications, that are determined to be Records, are managed, retained, archived and deleted in accordance with the Policy.
The Policy also includes Appendix B – Disposition of Records Form, which will assist the Records Administrator in managing and tracking the destruction of records in compliance with the Policy. The Policy provides the Records Administrator, with the approval of the Executive Director, may modify this form from time to time.
Due to the time and resources required to create systems and processes for full compliance with this Policy, this Policy will be phased in and become fully enforceable July 1, 2019.
Staff and General Counsel recommend the SBCTA Board approve the Resolution creating the Records Management Policy, the Records Retention Schedules, and Disposition of Records Form, and the SBCOG Board approve applicability of the Policy and Appendices to SBCOG.
Financial Impact:
This item is consistent with the Fiscal Year 2018/2019 budget.
Reviewed By:
This item is not scheduled for review by any other policy committee or technical advisory
committee. SBCTA General Counsel has reviewed this item, the policy, Resolution and
retention schedules.
Responsible Staff:
Vicki Watson, Clerk of the Board
Approved
General Policy Committee
Date: June 13, 2018
Witnessed By:
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RESOLUTION No. 19-002
RESOLUTION OF THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
ADOPTING A RECORDS MANAGEMENT POLICY AND RECORDS RETENTION
SCHEDULES
Whereas, the San Bernardino County Transportation Authority (SBCTA) desires to
establish an orderly and routine method of record management, retention and destruction; and
Whereas, it has been determined that certain SBCTA records are out of date or no longer
required; and
Whereas, the SBCTA Board desires to establish policies for the lawful, orderly and
efficient management, retention and destruction of records.
Now, therefore, be it resolved by the San Bernardino County Transportation Authority, as
follows:
Section 1. SBCTA Policy No. 10105, Records Management Policy is hereby adopted.
Section 2. SBCTA’s Records Retention Schedules dated July 11, 2018, are hereby
adopted, and the Records Destruction Form is approved.
Section 3. SBCTA’s Records shall be retained for the time periods specified in the
SBCTA Records Retention Schedules.
Section 4. SBCTA’s Executive Director or designee is authorized to destroy SBCTA
Records at the end of the Records Retention period provided the destruction is consistent with
Policy No. 10105.
Section 5. Due to the time and resources required to create systems and processes for full
compliance with Policy No. 10105, Policy No. 10105 will be phased in and become fully
enforceable July 1, 2019.
Section 6. Effective Date. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED at a meeting of the San Bernardino County Transportation
Authority held on July 11, 2018.
Board President
ATTEST:
Vicki Watson,
Clerk of the Board
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San Bernardino County Transportation Authority Policy 10105
Adopted by the Board of Directors July 11, 2018 Revised 0
Records Management Policy Revision No.
0
Important Notice: A hardcopy of this document may not be the document currently in effect. The current version is always the version on the SBCTA Intranet.
Table of Contents |Purpose | References | Definitions | Policy | Revision History |
I. PURPOSE
The purpose of this policy is to establish standards for management, retention, control and destruction of all Records in the custody and control of SBCTA or SBCOG.
II. REFERENCES Policy 10105 Appendix A, Record Retention Schedules Policy 10105 Appendix B, Disposition of Records Form Policy 10027, California Public Records Act – Request and Fees Policy California Government Code Sec. 6200, 6250 et seq.,12236, 34090; Public Utilities Code Sec. 130203
III. DEFINITIONS Agency(ies) means SBCTA or SBCOG as the context requires. Agency Staff means an employee of SBCTA. Confidential Record means Records containing information that is not subject to public disclosure due to attorney-client privilege, attorney work product, trade secrets, Health Insurance Portability and Accountability Act (HIPAA), or other legal privileges, doctrines or exclusions. Disposition of Records Form means the form attached to this Policy as Appendix B, as modified from time to time with the Executive Director’s approval. Electronic Communications or (EC) means emails, text messages, and voice mails. EC Management Procedure means a procedure established by the Executive Director providing for the means and methods by which Agency Electronic Communications are managed, retained, archived, and deleted. Financial Value means the usefulness of Records for financial, accounting, budgetary, audit, and treasury functions of the Agency. Historical Value means the usefulness of Records for historical research concerning the origin of the Agency or for information about persons, places, events, or things of importance to the Agency. Legal Value means the usefulness of Records for documentation of Agency authorizations, and compliance with laws, contracts, litigation holds, etc. Measure I or MI means the one-half of one percent (½%) retail transactions and use tax statutorily dedicated to transportation planning, design, construction, operation and maintenance only, in San Bernardino County as authorized by the San Bernardino County voters’ passage of Ordinance 89-01 in 1989 and reauthorized by the San Bernardino County voters’ passage of Ordinance 04-01 in 2004.
Non-Records means material, documents or data not usually included within the definition of records, such as: copies of documents or data prepared by other entities; unofficial copies of documents kept only for convenience or reference; working papers or drafts; copies of legislation; appointment logs; prior versions of studies or reports never finalized; duplicates or copies of records retained by another Agency Department; and stocks of publications. Operational Value means the usefulness of Records for administration or operation of the Agency, or an Agency program or project. Permanent means the period for retaining Records that is mandated by law, contract, or other written requirement, or is determined to be in the best interests of the Agency, to be retained in perpetuity. Record means a document containing data or information of any kind and in any form (physical or electronic) generated or received by SBCTA, containing information necessary for the operation of SBCTA’s business. A Record typically holds operational, legal, financial, or historical value. Records Management Procedure means a procedure established by the Records Administrator with the approval of the Executive Director, providing the means and methods for Agency compliance with this Policy. Records Retention Schedule means a list of records that: is produced or maintained by the Agency and the actions taken with regard to those records; serves as the Agency’s legal authority to receive, create, retain, and dispose of official public records; documents which records have historic or research value and which records should be destroyed because they no longer have any operational, legal, financial, or historical value; and establishes the Agency’s normal course of doing business with respect to Records. Retention Period means the period of time specified in the Records Retention Schedule during which Records must be kept before final destruction, and which retention period is required by contract or law, or is determined to be in the best interests of the Agency.
III. POLICY All Records shall be managed, retained, controlled and destroyed according to this Policy, unless otherwise authorized by the SBCTA Board. This Policy is intended to ensure that Records are kept only as long as they have some operational, legal, financial or historical value. This Policy applies to SBCTA and to San Bernardino Associated Governments (SBCOG) Records. Due to the time and resources required to create systems and processes for full compliance with this Policy, this Policy will be phased in and become fully enforceable July 1, 2019. A. Responsibilities
1. Records Administrator. a. The Clerk of the SBCTA Board is designated as the Records Administrator for the Agencies, and is responsible for supervising and coordinating the retention and destruction of Records in accordance with this Policy, associated Records Retention Schedules, and applicable records retention procedures. The Records Administrator is also responsible for documenting actions taken to maintain, store, archive or destroy Records, and for retaining such documentation. b. The Records Administrator shall be the custodian of Records that are: (1) original contracts; (2) original real property title records; (3) Board and Board Committee agendas, agenda packets, and minutes; (4) Board resolutions and ordinances; and (5) Permanent Agency Records. The Records Administrator shall keep all such Records in a secure location and manner.
c. The Records Administrator should periodically review this Policy and the Records Retention Schedules to ensure the Policy and Records Retention Schedules accurately and completely reflect the Agencies’ Records retention and destruction needs. Record Retention Schedules are considered current for five years unless amended sooner due to a significant change in Agency
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Record keeping practices. A change of mission, added functions, new programs, etc. may trigger an amendment to an existing schedule.
2. Department Directors.
Department Directors are responsible for organizing and managing Department Records until the time they are turned over to the Records Administrator for storage, archiving, or destruction. Department Directors shall ensure that Agency consultants, contractors and/or vendors under their direction, maintain Agency Records in accordance with this Policy.
3. Agency Staff. Agency Staff shall manage Agency Records in their custody and control in accordance with this Policy.
B. Records Retention Records should be retained for the longer of the period required by federal or state law, regulation or contracts, or the Records Retention Schedules. If a Record falls within more than one category in the Records Retention Schedules, the longer retention period shall apply. C. Electronic Communications (EC)
1. EC Management Procedure. Electronic Communications, that are determined to be Records, will be managed, retained, archived and deleted in accordance with the EC Management Procedure and this Policy.
2. EC Deemed Records. Not all Electronic Communications and attachments are Records that need to be retained. If the substance of the Electronic Communication or its attachments fall within a category of Records in a Records Retention Schedule and this Policy, the Electronic Communication or its attachments will be deemed to be Records, and retained for the periods provided in the Records Retention Schedule and this Policy.
3. Electronic Communications on non-Agency electronic equipment.
Staff should not store or transmit Agency-related Electronic Communications on personal or other non-Agency computers, tablets, phones or electronic devices, except as necessary or appropriate for legitimate business purposes as authorized by staff’s Department Director. Any such Electronic Communications will be subject to this Policy and the relevant Records Retention Schedule.
D. Duplicate Copies Copies of Agency Records maintained by Agency Staff that are duplicates of original Agency Records do not need to be retained if Agency staff determines the copies are no longer useful or necessary for SBCTA or SBCOG purposes. E. Reference Materials Copies of documents and data prepared by other agencies or entities that are maintained by Agency Staff for reference in conducting SBCTA or SBCOG business are not Records and shall be retained only so long as the Agency Staff deems them useful or necessary for SBCTA or SBCOG purposes. F. Video and Audio Recordings The Executive Director or designee may destroy recordings of routine video monitoring in accordance with the Records Retention Schedules. Routine video monitoring means video recording by a video or electronic imaging system designed to record the regular and ongoing operations of the Agency, including building and facilities security recording systems.
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G. Confidential Records Not all Records listed in the Records Retention Schedules are disclosable under the California Public Records Act (PRA), discovery statutes, subpoenas, or other laws, but remain subject to legal determination as to their disclosability. H. Destruction of Records Upon the expiration of the Retention period for Records in the Records Retention Schedules, the Executive Director or designee shall review the Records to determine if one of the Disposition Exceptions applies. If no Disposition Exception applies, the Executive Director or designee shall comply with the Records Management Procedure to ensure that Records are disposed of in accordance with this Policy and in one of the following ways:
1. Recycle non-confidential paper Records; 2. Shred confidential Records; 3. Permanently erase or destroy electronically stored Records
I. Destruction Exceptions 1. If at the end of a retention period, the Executive Director or designee determines that the Records
have operational, legal, financial or historical value beyond the retention period, the Records shall be retained for an additional period designated in accordance with a Records Management Procedure.
2. Records that are subject of Suspension of Records Destruction shall be retained until such time
as the Suspension of Records Dispension no longer applies. J. Suspension of Records Destruction In the event of a subpoena, a public records act request, commencement of an audit or investigation, notice of pending legal action, litigation hold or any other justifiable contingency, further disposal of relevant Records shall be suspended until the Executive Director or designee and General Counsel determine otherwise. K. Policy Changes This Policy, the Records Retention Schedules and any changes to this Policy and Records Retention Schedules shall be adopted by SBCTA Board Resolution, provided the SBCTA or SBCOG Boards may approve by minute action individual exceptions or categories of exceptions to this Policy or Records Retention Schedules.
IV. REVISION HISTORY
Revision No.
Revisions Adopted
0 New Policy. Adopted by the Board of Directors 07/11/18
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Entity: San Bernardino County Transportation Authority
Minute Action
AGENDA ITEM: 7
Date: June 13, 2018
Subject:
Grant Application Strategy for Active Transportation Program Cycle 4 Funding
Recommendation:
That the General Policy Committee recommend the Board, acting as the San Bernardino County
Transportation Authority:
A. Receive information on the San Bernardino County Transportation Authority (SBCTA)
Fiscal Year 2018/2019 grant cycle 4 application strategy for Active Transportation Program
(ATP) funding.
B. Authorize the Executive Director, or his designee, to execute Senate Bill 1 (SB1) Baseline
Agreements, including technical and administrative changes to the project information that may
be necessary, in the form approved by General Counsel, for projects that receive funding under
the ATP SB1 grant program. The specific projects for which authorization is requested are:
Metrolink Bicycle and Pedestrian Accessibility Plan Implementation Phase II, contingent on
the identification of funding commitments for project management and other matching funds
from a combination of local jurisdictions and appropriate regional sources, as determined by
the Executive Director prior to the submittal of the application.
San Bernardino County Safe Routes to School Program Implementation Phase II
Background:
In January, SBCTA staff presented an overview of the Road Repair and Accountability Act of
2017, Senate Bill 1 (SB1), which provides the first significant, stable and on-going increase in
state transportation funding in more than two decades. The SBCTA Board also approved
strategies and a list of projects that would compete well under the Local Partnership Program
(LPP), Trade Corridor Enhancement Program (TCEP), and Solutions for Congested Corridors
Program (SCCP) under SB1. Recently, the California Transportation Commission (CTC)
awarded more than quarter (¼) of a billion dollars in funding under the three programs for
various transit and freeway projects submitted by SBCTA.
On May 22, the CTC released the call for projects under Cycle 4 of the ATP that includes a
significant amount of SB1 funding ($192 million out of $438 million total ATP funding). Just as
has been done with the other three programs of SB1, it is the intention of staff to submit several
projects under ATP Cycle 4.
The ATP was created by Senate Bill 99 (Chapter 359, Statutes of 2013) and Assembly Bill 101
(Chapter 354, Statutes of 2013) to encourage increased use of active modes of transportation,
such as biking and walking. The goals of ATP are to:
Increase the proportion of trips accomplished by biking and walking,
Increase the safety and mobility of non-motorized users,
Reduce greenhouse gases,
Enhance public health, including reduction of childhood obesity through the use of programs
including projects eligible for Safe Routes to School (SRTS) Program funding, and
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Ensure that disadvantaged communities fully share in the benefits of the program.
SBCTA staff is committed to maximizing our chances of receiving competitive ATP funds and
bringing a fair share of those funds to the county. Staff is proposing to submit two projects for
the ATP, focusing on the types of projects that have competed well in the past three ATP cycles.
The grant application deadline for the ATP is July 31, 2018. The specific projects for which
authorization is requested include:
Metrolink Bicycle and Pedestrian Accessibility Plan Implementation Phase II ($6.5 million
grant request). SBCTA was successful in securing funding for Phase I of the Metrolink
bicycle/pedestrian improvements through ATP Cycle 1. The project involved a collection of
accessibility improvements around Metrolink stations in Montclair, Upland, Rancho
Cucamonga, Fontana, Rialto, and San Bernardino. Construction is beginning on those
improvements in Fall 2018. Phase I represented only a portion of the bicycle/pedestrian
projects around Metrolink stations that were environmentally cleared several years ago.
Phase II continues this progress with additional improvements in the same six cities, using
the environmental clearance that has already been secured. To continue this work, however,
an estimated $500,000 in project management funds will be required, to cover any
environmental re-evaluation, hire/manage the necessary consultants, provide oversight of
minor right-of-way acquisitions, etc. In addition, staff hopes to secure at least an additional
two points of scoring with a five (5) percent local match. Staff will be working with the
involved jurisdictions over the next several weeks in an attempt to identify matching funds
that are generally proportional to the project costs in each jurisdiction. Regional sources may
be an option for filling this gap, but the grant application will be submitted only if the
collaborative SBCTA/local funding commitments can be secured to a level deemed to be
sufficient by the SBCTA Executive Director. Cooperative agreements already exist with the
jurisdictions, but these do not include funding commitments. It is believed that the
application strategy of competing for these ATP funds under the SBCTA umbrella provides
the best chance of success at this highly competitive statewide level, as demonstrated by the
success of Phase I.
San Bernardino County Safe Routes to School Program Implementation Phase II ($1 million
grant request, no match required). The County of San Bernardino SRTS Program is focused
on providing opportunities to increase cycling and walking to school, increase physical
activity, improve health outcomes, reduce injuries, reduce emissions, and reduce vehicle
miles traveled. The purpose of this grant application is to support countywide SRTS non-
infrastructure activities at schools located throughout the county based on the SRTS plan that
has been previously developed through collaboration between SBCTA, local jurisdictions,
and school districts. This is a joint effort that began with a partnership developed under the
Countywide Vision Wellness Element Group, comprising SBCTA, the San Bernardino
County Department of Public Health (SBCDPH), and the San Bernardino County
Superintendent of Schools (SBCSS). The implementation of the program has already started
with 25 out of the 56 identified schools. The ATP Cycle 4 application will request funding to
complete the SRTS programs at the remaining 31 schools. The project will provide
extensive education, encouragement, enforcement, and evaluation activities to the
participating schools, which will promote understanding of the health and safety benefits of
the SRTS program. The project will also develop regional materials, such as suggested
school route maps and a Final Report that the County can use to inform the public about the
programs’ outcomes, and opportunities for future projects.
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In the event some of the project work is funded through the SB1 program, staff recommends the
Board authorize the Executive Director, or his designee, to execute any required Baseline
Agreements between SBCTA, Caltrans and the CTC once SB1 funds are programmed.
Board approval is not required by the State for the grant application submittals. The information
provided is intended to keep the Board informed of the overall funding strategy, and staff would
benefit from Board member comments before the grant applications are finalized.
It should also be noted that SBCTA is working with Caltrans and the City of Fontana on the
San Sevaine Class I Multipurpose Trail Development application ($20 million). Originally,
Caltrans was expecting to be the lead, but a portion of the project is off the Caltrans system.
Therefore, the City will be the lead for the application, and if selected, would execute the
baseline agreement.
Financial Impact:
This item has no immediate impact on the adopted Fiscal Year 18/19 budget. However, a budget
amendment would be required should either of the grant applications be awarded, including any
required match commitments.
Reviewed By:
This item is not scheduled for review by any other policy committee or technical advisory
committees.
Responsible Staff:
Josh Lee, Chief of Planning
Approved
General Policy Committee
Date: June 13, 2018
Witnessed By:
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Entity: San Bernardino County Transportation Authority
Minute Action
AGENDA ITEM: 8
Date: June 13, 2018
Subject:
2018 Update to the Development Mitigation Nexus Study
Recommendation:
That the General Policy Committee recommend the Board, acting as the County Transportation
Authority:
Approve the 2018 Update to the Development Mitigation Nexus Study Project Lists and Cost
Estimates.
Background:
State law requires updating of the SBCTA Congestion Management Program (CMP) every two
years. The Development Mitigation Nexus Study (Appendix G of the CMP) is also updated
every two years as part of the CMP update. The Nexus Study is being updated so that
jurisdictions have this information available for their transportation fee program updates
according to the normal update cycles identified in the Nexus Study. Local jurisdictions in the
Valley and Victor Valley collect development impact fees (DIFs) for regional arterial,
interchange, and rail/highway grade separation projects and use those funds to match Measure I
funding when these projects are developed and constructed. Appendix F of the CMP outlines the
provisions and requirements of the Development Mitigation Nexus Study, particularly the
development and maintenance of the Nexus Study project lists and cost estimates. Appendix F
was first adopted by the SBCTA Board and incorporated into the CMP in 2005.
The Development Mitigation Program update has been underway since September 2017.
Staff discussed the update with the Transportation Technical Advisory Committee (TTAC) and
distributed a formal request for information. Jurisdictions were asked to update arterial and
interchange project lists, including the addition or deletion of projects, modifications to project
limits and changes to project costs. SBCTA staff updated the interchange and arterial project
tables in the Development Mitigation Nexus Study. A draft 2017 update of Table 3 (Interchange
Improvements and 2017 Costs, Including a Comparison to 2015 Nexus Study Costs) and Nexus
Study Attachment 1 (Arterial Projects by jurisdiction) were distributed to Valley and Victor
Valley representatives on the Transportation Technical Advisory Committee (TTAC) in
September 2017.
In addition, Table 6, Railroad Grade Separation Projects on the Nexus Study Network, is
included which incorporates current project cost information. Nexus Study Attachment 1
contains the recommended arterial project updates to the SBCTA Nexus Study as of 2017.
Modifications included adding or deleting projects, modifying project scope (including project
limits), adjusting project costs and updating the associated tables for each local jurisdiction.
The most important tables in the Nexus Study update are Tables 7 and 8, which document the
development share of total costs that need to be met or exceeded with the transportation DIF
programs that are updated by the Valley and Victor Valley cities and the County. The costs in
Table 7 are for the cities, and the costs in Table 8 are for the County spheres of influence. The
overall mitigation cost increase is approximately eight percent when compared to the 2015
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Nexus Study. The 2015 change relative to 2013 was approximately a three percent decrease.
However, the changes vary from one jurisdiction to another.
The updated Tables 3, 6, 7 and 8 of the Development Mitigation Nexus Study have
been included as an attachment to this item. The complete updated Development
Mitigation Nexus Study can be found on the SBCTA Traffic Mitigation webpage atat the
Mt. Vernon $35 Colton $38.5 SBCTA 2015 Tippecanoe $78 SBCTA $79.5* $35.3 SBCTA 2015 Mountain View $24.5 Loma Linda $37.8 SBCTA 2015 California $45 Loma Linda $58.5 SBCTA 2011
Alabama $9.5 County $11 County/10 Yr.
Delivery Plan 2015
University $5.2 Redlands $5.2 SBCTA 2013 Wabash $40 County $40 County 2013 Live Oak $19 SBCTA $29.9* PAA 2011 Wildwood $35 Yucaipa $26.2 Yucaipa 2017
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Table 3, Continued Interchange Improvements and 2017 Costs,
I-215 at: University $4.8 SB City $6.2 $0.7 PSR 2015 Pepper/Linden $60 SB City $60 SB City 2015 Palm $11.6 SB City $11.6 SB City 2015 SR-210 at: Waterman $53.8 SB City $53.8 SB City 2015 Del Rosa $38 SB City $38 SB City 2015 Baseline $21.07 SBCTA $19.1 SBCTA 2015 5th $8 Highland $8 Highland 2017
Notes: * Completed project where cost has been escalated to 2017 dollars.
PSR – Project Study Report PPR – Project Programming Request provided by local jurisdiction or SBCTA PAA – Project Advancement Agreement FTIP – Federal Transportation Improvement Program DIF – Development Impact Fee Program No change means no additional information available since 2015 Nexus Study.
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Table 6. Railroad Grade Crossing Projects on Nexus Study Network
Description
2017 Cost Estimate ($1000s)
Buy Down Location
Ratio Train
Growth to 2030
Ratio Trip
Growth to 2030
2017 Cost Allocation To Development
($1000s) Local Share
Olive Street in Colton on the San Bernardino Line $0 Colton 55% 43.6% $0 0.0% Valley Boulevard in Colton on the San Bernardino Line $0 Colton 55% 43.6% $0 0.0% Laurel Street in Colton (Replaces Valley) $60,647 ($10,334) Colton 55% 43.6% $9,861 19.6% Fogg Street in Colton (Replaces Olive) $24,673 Colton 55% 43.6% $4,836 19.6% Widen Mount Vernon Avenue grade separation in Colton on the Alhambra Line $0 Colton 55% 43.6% $0 0.0% In Fontana on Citrus Avenue At Santa Fe Railroad, Construct Undercrossing For Existing 4 Lanes $0 Fontana 55% 32.1% $0 0.0%
Main Street in Grand Terrace on the San Bernardino Line $29,050 Grand
Terrace 55% 39.9% $5,220 18.0% In Hesperia on Ranchero Road 7th Avenue To Danbury, Realign Road, Construct Railroad Undercrossing $32,015 ($9,070) Hesperia 55% 58.9% $6,084 26.5% Mauna Loa/Lemon and BNSF Grade Separation (costs from feasibility study) $59,980 Hesperia 55% 58.9% $15,906 26.5% Eucalyptus Road in Hesperia on the BNSF Line $0 Hesperia 55% 58.9% $0 0.0% Beaumont Avenue in Loma Linda on the Yuma Line $24,901 Loma Linda 55% 38.8% $4,352 17.5% Monte Vista Avenue in Montclair at the UPRR Crossing $31,460 ($2,090) Montclair 55% 18.9% $2,502 8.5% Widen Central Avenue grade separation in Montclair on the Alhambra and Los Angeles Lines $0 Montclair 55% 18.9% $0 0.0% Archibald Avenue in Ontario on the Los Angeles Line $59,486 Ontario 55% 44.4% $11,881 20.0% North Milliken Avenue in Ontario on the Alhambra Line $40,621 ($7,161) Ontario 55% 44.4% $6,683 20.0% South Milliken Avenue in Ontario on the Los Angeles Line $63,835 ($2,482) Ontario 55% 44.4% $12,254 20.0% Vineyard Avenue in Ontario on the Alhambra Line $45,180 ($2,074) Ontario 55% 44.4% $8,609 20.0% Haven Avenue in Rancho Cucamonga at Metrolink Crossing $21,069 Rancho 55% 28.7% $2,721 12.9% Railroad crossing safety improvements at San Timoteo Road in Redlands on the Yuma Line $1,961 Redlands 55% 23.1% $204 10.4%
Palm Avenue in San Bernardino on the Cajon Line $23,667 ($7,130) San
Bernardino 55% 32.4% $2,410 14.6%
Rialto Avenue in San Bernardino on the San Bernardino Line $25,803 San
Bernardino 55% 32.4% $3,760 14.6%
Hunts Lane in San Bernardino/Colton on the Yuma Line $28,866 ($9,499) S.
Bern./Colton 55% 38.0% $3,309 17.1% Glen Helen Parkway in San Bernardino County on Cajon Line $30,978 ($2,320) County 55% 62.2% $8,021 28.0%
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Table 7. Summary of Fair Share Costs for Arterial, Interchange, and Railroad Grade
Crossing Project Costs for Cities (through year 2030) Cost in Millions of 2017 dollars
Under current law, programs have been established pursuant to bond acts for, among other things, the developmentand enhancement of state and local parks and recreational facilities. This bill would enact the California Clean Water,Climate, Coastal Protection, and Outdoor Access For All Act of 2018, which, if approved by the voters, wouldauthorize the issuance of bonds in an amount of $3,470,000,000 pursuant to the State General Obligation BondLaw to finance a clean water, climate, coastal protection, and outdoor access for all program.
AB 76 Chau D ( Dist. 49) Adult-use marijuana: marketing.
Under current law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), approved by the voters atthe November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage,manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of ageand older. This bill would prohibit an operator, as defined, of an Internet Web site, online service, online application,or mobile application from marketing or advertising any marijuana, marijuana product, or marijuana business to aperson who is under 21 years of age if the operator has actual knowledge that a person under 21 years of age isusing its Internet Web site, online service, online application, or mobile application, and if the marketing oradvertising is specifically directed to that person based upon information specific to that person, including, but notlimited to, the person's profile, activity, address, or location.
AB 91 Cervantes D ( Dist. 60) High-occupancy vehicle lanes.
Would prohibit, commencing July 1, 2018, a high-occupancy vehicle lane from being established in the County ofRiverside, unless that lane is established as a high-occupancy vehicle lane only during the hours of heavy commutertraffic, as determined by the department. The bill would require any existing high-occupancy vehicle lane in theCounty of Riverside that is not a toll lane to be modified to operate as a high-occupancy lane under those sameconditions. Position: Pending
AB 193 Cervantes D ( Dist. 60) Air Quality Improvement Program: Clean Reused Vehicle Rebate Project.
Would require the State Air Resources Board to establish the Clean Reused Vehicle Rebate Project, as a part of the
Air Quality Improvement Program, to provide rebates for the acquisition of an eligible used vehicle, as defined; thereplacement or refurbishment of an electric vehicle battery and related components for an eligible used vehicle or avehicle service contract, as defined, for the battery or related components; or a vehicle service contract to coverunexpected vehicle repairs not covered by the manufacturer’s warranty related to unique problems in eligible usedvehicles, as specified.
AB 271 Caballero D ( Dist. 30) Property Assessed Clean Energy program.
Would authorize the county tax collector to direct the county auditor to remove a delinquent installment based on a
PACE assessment from the county’s tax rolls, if it arises from a contract entered into on or after January 1, 2018.The bill would require the county tax collector, immediately upon that removal and for each parcel for which thedelinquent installment was removed, to provide notice on the tax rolls of the removal. This bill contains other relatedprovisions and other existing laws.
AB 382 Chávez R ( Dist. 76) County of Orange: joint exercise of powers agreements: toll roads.
Current law authorizes the County of Orange and the cities in that county, by ordinance, to require the payment of
fees as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defrayingthe actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons, orconstructing major thoroughfares. This bill would prohibit those entities, on and after January 1, 2018, from forminga new joint powers agency to construct bridge facilities or major thoroughfares under that specific authorization orthe general authorization. The bill would prohibit a joint powers agency formed under that specific authorization fromincurring new bonded indebtedness, except for specified purposes.
AB 420 Wood D ( Dist. 2) Personal income tax: deduction: commercial cannabis activity.
Would, for each taxable year beginning on and after January 1, 2018, would specifically provide in the Personal
Income Tax Law for nonconformity to that federal law disallowing a deduction or credit for business expenses of atrade or business whose activities consist of trafficking specified controlledsubstances, only for commercial cannabisactivity, as defined, authorized under MAUCRSA, thus allowing deduction of business expenses for a cannabis ormarijuana trade or business under the Personal Income Tax Law, as provided.
AB 636 Irwin D ( Dist. 44) Local streets and roads: expenditure reports.
Current law, with limited exceptions, requires each city and county to submit to the Controller a complete report of
expenditures for street and road purposes by October 1 of each year relative to the preceding fiscal year ending onJune 30. This bill would instead require the report to be submitted to the Controller within 7 months after the closeof the fiscal year adopted by a county, city, or city and county. The bill would make other conforming changes.
AB 686 Santiago D ( Dist. 53) Housing discrimination: affirmatively further fair housing.
Would require a public agency to administer its programs and activities relating to housing and community
development in a manner to affirmatively further fair housing, and to not take any action that is inconsistent with thisobligation. The bill would make it unlawful under the California Fair Employment and Housing Act for a publicagency to fail to meet its obligation to affirmatively further fair housing, and would provide that failure wouldconstitute housing discrimination under the act.
AB 697 Fong R ( Dist. 34) Tolls: exemption for privately owned emergency ambulances.
Current law provides for the exemption of authorized emergency vehicles, as defined, from the payment of a toll or
charge on a vehicular crossing, toll highway, or high-occupancy toll (HOT) lane and any related fines, when theauthorized emergency vehicle is being driven under specified conditions, including, among others, the vehicle isdisplaying public agency identification and driven while responding to or returning from an urgent or emergency call.Current law prohibits a person from operating a privately owned emergency ambulance unless licensed by theDepartment of the California Highway Patrol. This bill would generally modify the exemption to apply to the use of atoll facility, as defined, and would expand the exemption, dispute resolution procedures, and agreement provisionsto include a privately owned emergency ambulance licensed by the Department of the California Highway Patrol.
Position: Pending AB 1205 Jones-Sawyer D ( Dist. 59) Los Angeles County Metropolitan Transportation Authority: contracting.
Current law authorizes the Los Angeles County Metropolitan Transportation Authority (LACMTA) to award
contracts under certain circumstances to small business enterprises with respect to work that is set aside forcompetition among certified small business enterprises, as long as price quotations are obtained by LACMTA from3 or more small business enterprises, and requires LACMTA to report to the Legislature by December 31, 2017,regarding any contracts awarded in this regard. This bill would instead authorize LACMTA to award contracts inthis manner as long as it solicits rather than obtains price quotations from 3 or more small business enterprises. Thebill would delete the requirement that LACMTA report to the Legislature regarding contracts awarded to smallbusiness enterprises in this regard.
AB 1250 Jones-Sawyer D ( Dist. 59) Counties: contracts for personal services.
Would establish specific standards for the use of personal services contracts by counties. The bill would allow a
county or county agency to contract for personal services currently or customarily performed by employees, asapplicable, when specified conditions are met. The bill would exempt certain types of contracts from its provisions,and would exempt a city and county from its provisions. By placing new duties on local government agencies, thebill would impose a state-mandated local program. The bill also would provide that its provisions are severable.
AB 1395 Chu D ( Dist. 25) State highways: Department of Transportation: litter cleanup and abatement:report.
Would require the Department of Transportation, within its maintenance programs relating to litter cleanup and
abatement, to assign the highest priority to litter deposited along state highway segments that carry the highest trafficvolumes and the segments found by the department to have the highest incidences of litter and to reallocate existinglitter cleanup resources as necessary in order to implement this priority. The bill would also require the department,on or before January 1, 2020, to conduct an assessment of the problem of litter on state highways and to make aspecified report to the Legislature on its findings.
AB 1436 Levine D ( Dist. 10) Board of Behavioral Sciences: licensees: suicide prevention training.
Would, on or after January 1, 2021, require an applicant for licensure as a marriage and family therapist, an
educational psychologist, a clinical social worker, or a professional clinical counselor to complete a minimum of 6hours of coursework or applied experience under supervision in suicide risk assessment and intervention. The billwould require, on or after January 1, 2021, as a one-time requirement, a licensed marriage and family therapist,educational psychologist, clinical social worker, or professional clinical counselor to have completed this suicide riskassessment and intervention training requirement prior to the time of his or her first renewal.
AB 1561 Quirk-Silva D ( Dist. 65) Economic development: infrastructure: logistic hubs.
Current law requires the Director of the Governor’s Office of Business and Economic Development to provide to
the Legislature, not later than February 1, 2019, a strategy for international trade and investment that includes, atminimum, specified components. Current law requires that this strategy include a framework that enables the officeto evaluate on an ongoing basis, as appropriate, current workforce, infrastructure, research and development, andother needs of small and large firms, including, among other things, airports. This bill would extend to July 1, 2019,the date by which the director would be required to provide that strategy to the Legislature, and would insteadrequire that the strategy identify the process the Governor’s Office of Business and Economic Development will useto complete that evaluation.
AB 1683 Burke D ( Dist. 62) Transformative Climate Communities Program: report.
Current law establishes the Transformative Climate Communities Program, administered by the Strategic Growth
Council, to award competitive grants to specified eligible entities for the development and implementation ofneighborhood-level transformative climate community plans that include greenhouse gas emissions reductionprojects that provide local economic, environmental, and health benefits to disadvantaged communities, as defined.This bill would require the council, no later than January 1, 2019, to submit a specified report on the program to theGovernor and specified committees of the Legislature.
AB 1756 Brough R ( Dist. 73) Transportation funding.
Current law, until January 1, 2022, authorizes a housing authority located in the City of San Diego or the County of
Santa Clara to implement a pilot program to develop and finance a middle-income housing project, as defined, if theproject receives gap financing, as defined. Existing law requires any gap financing to be approved by the housingauthority’s legislative body, as provided, and requires the housing authority to provide a report to the Legislature, asspecified. This bill would authorize a housing authority in the County of San Bernardino, until January 1, 2022, alsoto develop and finance a middle-income housing project if it receives gap financing.
AB 1804 Berman D ( Dist. 24) California Environmental Quality Act: categorical exemption: infilldevelopment.
CEQA requires the Office of Planning and Research to prepare and develop, and the Secretary of the Natural
Resources Agency to certify and adopt, guidelines for the implementation of CEQA. CEQA requires the guidelinesto include a list of classes of projects that have been determined not to have a significant effect on the environmentand that are required to be exempt from CEQA (categorical exemption). Current guidelines for the implementationof CEQA exempts from the requirements of CEQA infill development meeting certain requirements, including therequirement that the proposed development occurs within city limits. This bill would revise the above-describedcategorical exemption to include proposed residential and mixed-use housing projects occurring within anunincorporated area of a county.
AB 1866 Fong R ( Dist. 34) Transportation funding.
Would create the Traffic Relief and Road Improvement Program to address traffic congestion and deferred
maintenance on the state highway system and the local street and road system. The bill would provide for thedeposit of various existing sources of revenue in the Traffic Relief and Road Improvement Account, which the billwould create in the State Transportation Fund, including revenues attributable to the sales and use tax on motorvehicles, revenues attributable to automobile and motor vehicle insurance policies from the insurer gross premiumstax, revenues from certain diesel fuel sales and use taxes, revenues from certain vehicle registration fees, and certainmiscellaneous State Highway Account revenues.
AB 1901 Obernolte R ( Dist. 33) California Environmental Quality Act: exemption: roadway projects.
CEQA, until January 1, 2020, exempts a project or an activity to repair, maintain, or make minor alterations to an
existing roadway, as defined, if the project or activity is carried out by a city or county with a population of less than100,000 persons to improve public safety and meets other specified requirements, including a requirement that theproject involves negligible or no expansion of an existing use beyond that existing at the time of the lead agency’sdetermination. This bill would extend the above exemption to January 1, 2023. The bill would revise the requirementdescribed above to specify that the exemption applies if, among other things, the project involves negligible or noexpansion of an existing vehicular use beyond that existing at the time of the lead agency’s determination.
The Joint Exercise of Powers Act generally authorizes 2 or more public agencies, by agreement, to jointly exercise
any common power. Under the act, if an agency is not one or more of the parties to the agreement but is a publicentity, commission, or board constituted pursuant to the agreement, the debts, liabilities, and obligations of theagency are the debts, liabilities, and obligations of the parties to the agreement, unless the agreement specifiesotherwise. The act also authorizes a party to a joint powers agreement to separately contract for, or assumeresponsibilities for, specific debts, liabilities, or obligations of the agency. This bill would eliminate that authorization,and would specify that if an agency established by a joint powers agreement participates in, or contracts with, apublic retirement system, member agencies, both current and former to the agreement, would be required tomutually agree as to the apportionment of the agency’s retirement obligations among themselves, provided that theagreement equals the total retirement liability of the agency.
AB 1937 Santiago D ( Dist. 53) Public employment: payroll deductions.
Current law prescribes various duties of the Controller in connection with deductions requested by employee
organizations and other bona fide organizations regarding requests for deductions from the salaries and wages oftheir members. Current law prescribes the duties of the governing boards of school districts in regard to requests bycertificated employees for deductions from the salaries and wages, and prescribes similar duties for the governingboards of community college districts. Curent law authorizes a trial court employee or interpreter to permit a duesdeduction from his or her salary in the same manner provided to public agency employees pursuant to specified lawapplicable to the state and the Controller, as described above. This bill would revise and recast these provisions.
AB 2034 Kalra D ( Dist. 27) Human trafficking: notice.
Would require specified businesses or other establishments that operate an intercity passenger rail, light rail, or bus
station, on or before January 1, 2021, to train new and existing employees who may interact with, or come intocontact with, a victim of human trafficking or who are likely to receive, in the course of their employment, a reportfrom another employee about suspected human trafficking, in recognizing the signs of human trafficking and how toreport those signs to the appropriate law enforcement agency, as specified.
AB 2061 Frazier D ( Dist. 11) Near-zero-emission and zero-emission vehicles.
Would authorize a near-zero-emission vehicle or a zero-emission vehicle, as defined, to exceed axle, tandem, gross,
or bridge formula weight limits, up to a 2,000 pound maximum, by an amount equal to the difference between theweight of the vehicle attributable to the fueling and propulsion system carried by that vehicle and the weight of acomparable diesel fueling and propulsion system. The weight limit exceptions authorized by the bill would apply onlyto the extent expressly authorized by federal law.
AB 2127 Ting D ( Dist. 19) Electric vehicle charging infrastructure: assessment.
Would require the Energy Commission, working with the State Air Resources Board and the PUC, to prepare and
biennially update a statewide assessment of the electric vehicle charging infrastructure needed to support the levelsof electric vehicle adoption required for the state to meet its goals of putting at least 5 million zero-emission vehicleson California roads by 2030 and of reducing emissions of greenhouse gases to 40% below 1990 levels by 2030.The bill would require the Energy Commission to regularly seek data and input from stakeholders relating to electricvehicle charging infrastructure.
AB 2145 Reyes D ( Dist. 47) Vehicular air pollution.
Would add as eligible projects for the California Clean Truck, Bus, and Off-Road Vehicle and Equipment
Technology Program those projects that support grid integration and integrated storage solutions and chargingmanagement demonstration and analytics. The bill would additionally require the energy commission, as part of theguidance developed for the program, to advise the State Air Resources Board on to how to allocate moneys forvehicle charging infrastructure consistent with the energy commission’s investment plan strategies on charginginfrastructure that is part of the California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, andCarbon Reduction Act of 2007. The bill instead would require the guidance to promote projects that assist the statein reaching its climate goals beyond 2030.
AB 2225 Limón D ( Dist. 37) State government: storing and recording electronic media.
Would require the Secretary of State, in consultation with the Department of Technology, to approve and adopt
appropriate uniform statewide standards for the purpose of storing and recording permanent and nonpermanentdocuments in electronic media, and would require “cloud computing” to be defined by the Department ofTechnology based on industry-recognized standards, consistent with the intent of the state law.
AB 2249 Cooley D ( Dist. 8) Public contracts: local agencies: alternative procedure.
Would authorize public projects of $60,000 or less to be performed by the employees of a public agency, authorize
public projects of $200,000 or less to be let to contract by informal procedures, and require public projects ofmore than $200,000 to be let to contract by formal bidding procedures.
AB 2272 Mayes R ( Dist. 42) State highways: relinquishment.
Would authorize the California Transportation Commission to relinquish to the City of Palm Springs any portion, or
the entirety, of Route 111 within its city limits, upon terms and conditions the commission finds to be in the bestinterests of the state, if the department and the city enter into an agreement providing for that relinquishment.
AB 2304 Holden D ( Dist. 41) Reduced fare transit pass programs: report.
Would request the University of California Institute of Transportation Studies to prepare and submit a report to the
Governor and specified committees of the Legislature on or before January 1, 2020, that details the reduced faretransit pass programs in California that are administered by a public transit operator, California college or university,or any other entity, as specified.
This bill contains other existing laws.
AB 2317 Eggman D ( Dist. 13) Whistleblower protection: county patients’ rights advocates.
Current law prohibits an employer, as defined, or any person acting on behalf of the employer, as defined, from,
among other things, preventing an employee from, or retaliating against an employee for, providing information to, ortestifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonablecause to believe that the information discloses a violation of a law, regardless of whether disclosing the information ispart of the employee’s job duties. This bill would extend the protections afforded to employees under theseprovisions to county patients’ rights advocates appointed or under contract to provide services relating to mentalhealth advocacy.
AB 2353 Frazier D ( Dist. 11) Construction defects: actions.
Current law specifies the requirements for actions for construction defects and includes a nonadversarial procedure
for the parties to resolve the dispute. Current law requires, as part of this nonadversarial procedure, a builder whoelects to inspect a claim of unmet building standards to meet certain requirements for the inspection.This bill wouldrequire that an inspection for purposes of the above-described provisions be conducted by a person who is licensedas a contractor with a license that applies to the field and scope in which the person is conducting the inspection andissuing his or her inspection findings or report.
AB 2535 Obernolte R ( Dist. 33) High-occupancy toll lanes: notice of toll evasion violation.
Current law requires the notice of toll evasion violation to include the vehicle license plate number, a clear and
concise explanation of the procedures for contesting the violation and appealing an adverse decision, and, ifpracticable, the registration expiration date and the make of the vehicle. This bill would also require the notice of tollevasion violation to include a copy of photographic evidence on which the toll evasion determination was based ifthe vehicle was found, by automated devices, to have evaded the toll through failure to meet occupancyrequirements in a high-occupancy toll lane.
AB 2548 Friedman D ( Dist. 43) Commute benefit policies: Los Angeles County Metropolitan TransportationAuthority.
Current law declares that the fostering, continuance, and development of public transportation systems are a matter
of statewide concern. Current law creates the Los Angeles County Metropolitan Transportation Authority, withvarious powers and duties with respect to transportation planning, programming, construction, and operations.Thisbill would authorize the authority to adopt a commute benefit ordinance that requires covered employers operatingwithin the authority’s area with a specified number of employees to offer certain employees commute benefits, asspecified, except that the bill would prohibit the ordinance from affecting employers covered by certain South CoastAir Quality Management District rules or regulations.
AB 2615 Carrillo D ( Dist. 51) State highway system: parks and recreation: accessibility for bicycles andpedestrians.
Would, to the extent possible, and where feasible, require the Department of Transportation to partner with
appropriate public agencies, including, but not limited to, the Department of Parks and Recreation, any federaldepartment or agency, and any regional or local public entity, to develop strategies and plans to maximize safe andconvenient access for bicycles and pedestrians to federal, state, regional, and local parks adjacent to or connectedto the state highway system.
AB 2734 Frazier D ( Dist. 11) California Transportation Commission.
Would authorize VTA to conduct, administer, and operate a value pricing high-occupancy toll lane program on State
Highway Route 101 and a specified portion of State Highway Route 280 in the City and County of San Franciscoin coordination with the San Francisco County Transportation Authority, as prescribed.
AB 2886 Daly D ( Dist. 69) Public Employee Relations Board: Orange County Transportation Authority: SanJoaquin Regional Transit District.
Would, on and after January 1, 2020, require employers and employees of the Orange County Transportation
Authority and the San Joaquin Regional Transit District to adjudicate complaints of specified labor violations beforePERB as an unfair practice and would authorize specified parties aggrieved by PERB’s decision or order to petitionfor relief from that decision or order, as provided. By requiring the transit agencies to adjudicate claims beforePERB, this bill would impose a state-mandated local program. This bill would make legislative findings anddeclarations as to the necessity of a special statute for the Orange County Transportation Authority and the SanJoaquin Regional Transit District.
Would give employees within the supervisory units of the San Francisco Bay Area Rapid Transit District the right to
form, join, and participate in the activities of employee organizations of their own choosing for the purposes ofrepresentation on all employer-employee relations matters and would permit these employees to meet, confer, andenter into memoranda of understanding for these purposes pursuant to the Meyers-Milias-Brown Act. The billwould provide that the act governs these employer-employee relations and that they are subject to the exclusivejurisdiction of, and are to be administered by, the Public Employment Relations Board.
AB 3124 Bloom D ( Dist. 50) Vehicles: length limitations: buses: bicycle transportation devices.
Current law imposes a 40-foot limitation on the length of vehicles that may be operated on the highways, with
specified exemptions. Current law exempts from this limitation an articulated bus or articulated trolley coach thatdoes not exceed a length of 60 feet, and authorizes the bus or trolley to be equipped with a folding device attachedto the front of the bus or trolley if the device is designed and used exclusively for transporting bicycles. Current lawprohibits the above-described device from extending more than 36 inches from the front body of the bus when fullydeployed, and prohibits a bicycle that is transported on that device from having the bicycle handlebars extend morethan 42 inches from the front of the bus. This bill would additionally authorize an articulated bus or articulated trolleycoach that does not exceed a length of 60 feet to be equipped with a folding device attached to the front of the busor trolley if the device is designed and used exclusively for transporting bicycles as long as the device does notextend more than 40 inches from the front body of the bus when fully deployed.
AB 3232 Friedman D ( Dist. 43) Zero-emissions buildings and sources of heat energy.
Would require the State Energy Resources Conservation and Development Commission, by January 1, 2021, to
assess the potential for the state to reduce the emissions of greenhouse gases from the state’s residential andcommercial building stock by at least 40% below 1990 levels by January 1, 2030. The bill would require thecommission to include in the 2021 edition of the integrated energy policy report and all subsequent integrated energypolicy reports a report on the emissions of greenhouse gases associated with the supply of energy to residential andcommercial buildings.
ACA 4 Aguiar-Curry D ( Dist. 4) Local government financing: affordable housing and public infrastructure:voter approval.
Local government financing: affordable housing and public infrastructure: voter approval. ACA 15 Brough R ( Dist. 73) Public employee retirement benefits.
Would enact the Protecting Schools and Keeping Pension Promises Act of 2018. The measure would prohibit agovernment employer from enhancing employee pension benefits, as defined, without approval by the voters of thejurisdiction, and would prohibit a government employer from enrolling a new government employee, as defined, in adefined benefit pension plan without approval by the voters of the jurisdiction. The measure also would prohibit agovernment employer from paying more than 1/2 of the total cost of retirement benefits, as defined, for newgovernment employees without approval by the voters of the jurisdiction.
ACA 21 Mayes R ( Dist. 42) State infrastructure: funding: California Infrastructure Investment Fund.
Would amend the California Constitution to create the California Infrastructure Investment Fund in the State
Treasury. The measure would require the Controller, beginning in the 2019–20 fiscal year, to transfer from theGeneral Fund to the California Infrastructure Investment Fund in each fiscal year an amount equal to up to 2.5% ofthe estimated General Fund revenues for that fiscal year, as provided. The measure would require, for the 2019–20fiscal year and each fiscal year thereafter, the amounts in the fund to be allocated, upon appropriation by theLegislature, for specified infrastructure investments, including the funding of deferred maintenance projects.
Current law specifies the number of judges for the superior court of each county and for each division of each
district of the court of appeal. Current law provides that the Court of Appeal for the 4th Appellate District consistsof 3 divisions. Current law requires that one of these divisions hold its regular sessions in the SanBernardino/Riverside area and further requires this division to have 7 judges.This bill would increase the number ofjudges in the division of the Court of Appeal for the 4th Appellate District located in the San Bernardino/Riversidearea to 8 judges.
SB 224 Jackson D ( Dist. 19) Personal rights: sexual harassment.
Would require a public entity that operates a rail transit system or a commuter train system to ensure that each train
has an automated external defibrillator (AED) as part of its safety equipment subject to specified requirements. Thebill would exempt a public entity that acquires an AED for emergency care from liability for any civil damagesresulting from any acts or omissions in the rendering of the emergency care by use of the AED if the public entity hascomplied with certain requirements.(2)By imposing new duties on local public officials, the bill would create a state-mandated local program.
SB 760 Wiener D ( Dist. 11) Bikeways: design guides.
Would authorize a city, county, regional, or other local agency, when using the alternative minimum safety design
criteria, to consider additional design guides, including the Urban Street Design Guide of the National Association ofCity Transportation Officials. The bill would authorize a state entity that is responsible for the planning andconstruction of roadways to consider additional design guides, including the Urban Street Design Guide of theNational Association of City Transportation Officials.
Currnet law makes identifiers for ULEVs valid until January 1, 2019, and makes identifiers for SULEVs, enhanced
AT PEZEVs, and TZEVs valid until January 1, 2019, January 1, 2022, or January 1 of the 4th year after the year inwhich they were issued, as specified. Current law, except as specified, prohibits a vehicle from being issued anidentifier more than once. This bill would authorize an identifier to be issued commencing January 1, 2019, untilJanuary 1, 2023, to SULEVs, enhanced AT PEZEVs, and TZEVs for a vehicle that had previously been issued anidentifier and would make that identifier valid until January 1, 2023, if the applicant for the identifier has a householdincome at or below 80% of the state median income.
SB 963 Allen D ( Dist. 26) Water replenishment districts.
Current law authorizes a water replenishment district to establish an annual reserve fund not to exceed
$10,000,000, as adjusted annually to reflect percentage increases or decreases in the blended cost of water fromdistrict supply sources and, beginning in the 2019–20 fiscal year, requires a minimum of 80% of the reserve to beused for water purchases. Current law excepts from this limitation the unexpended balance of any appropriatedfunds in a capital improvement project construction account established to pay the cost of a project or projectsunder construction. This bill would repeal this reserve fund authorization and would make conforming changes.
SB 993 Hertzberg D ( Dist. 18) Sales and use taxes: service tax: qualified business.
Would reduce the rate of tax imposed by the Sales and Use Tax Law incrementally every calendar year beginning
on January 1, 2020, until January 1, 2022, at which time the rate would be reduced by a total of 2%. This bill wouldrequire the Director of Finance to estimate the amount of net revenue that will be derived for specified calendaryears as a result of the changes made by this bill and would require the rate of tax imposed by the Sales and UseTax Law to be reduced or increased by a specified percentage amount for specified calendar years depending onthe amount of the estimated revenue gains or losses.
SB 1000 Lara D ( Dist. 33) Transportation electrification: electric vehicle charging infrastructure.
Would prohibit a city, county, or city and county from restricting which types of electric vehicles may access an
electric vehicle charging station that both is publicly accessible and the construction of which was funded, at least inpart, by the state or through moneys collected from ratepayers. This bill would require the Energy Commission, in
consultation with the State Air Resources Board (state board), as part of the development of the investment plan, toassess whether charging station infrastructure is disproportionately deployed, as specified, and, upon findingdisproportionate deployment, to use moneys from the Alternative and Renewable Fuel and Vehicle TechnologyFund, as well as other mechanisms, including incentives, to more proportionately deploy new charging stationinfrastructure.
SB 1037 Cannella R ( Dist. 12) State government finance: Road Maintenance and Rehabilitation Program.
Prior to receiving an apportionment of funds under the Road Maintenance and Rehabilitation Program from the
Controller in a fiscal year, current law requires a city or county to submit to the California TransportationCommission a list of projects proposed to be funded with these funds. Current law requires the commission toreport to the Controller the cities and counties that have submitted a list of projects and requires the Controller,upon receipt of an initial or subsequent report, to apportion funds to cities and counties included in the report, asspecified. This bill would make nonsubstantive changes to the provisions requiring the commission to submit thespecified reports to the Controller.
Would establish a regional climate collaborative program, to be administered by the Strategic Growth Council, to
assist under-resourced communities, as defined, in a region to access statewide public and other grant moneys, asspecified,for climate mitigation and adaptation projects by establishing collaboratives, as specified. The bill wouldauthorize the council to award specified grants to collaboratives for specified activities.
SB 1077 Wilk R ( Dist. 21) Construction contracts: wrap-up insurance and indemnification.
Current law regulates the use of wrap-up insurance or other consolidated insurance programs in connection with
specified construction projects. Current law distinguishes, in this regard, between residential construction projects,private residential works of improvement, as specified, and public works and other projects that are not residential,as specified. This bill would recast the wrap-up insurance or other consolidated insurance program requirements forpublic and other works of improvement that are not residential construction, entered into or amended on and afterJanuary 1, 2019, to track generally the requirements that apply to residential projects.
SB 1117 Beall D ( Dist. 15) Department of Transportation: highway engineers.
Current law provides that the Department of Transportation has full possession and control of the state highway
system. Current law specifies certain powers and duties of the department relative to the recruitment and retentionof highway engineers, including participation by the department in student loan repayment, offering of salaries abovethe lowest salary step, and various other provisions.This bill would make a nonsubstantive change to theseprovisions.
Current law requires, for recipient transit agencies whose service areas include disadvantaged communities, as
specified, that those recipient transit agencies expend at least 50% of the total moneys they received as part of theLow Carbon Transit Operations Program on projects or services that meet specified requirements and benefit thosedisadvantaged communities. This bill would authorize a recipient transit agency to satisfy the above-statedrequirement by expending at least 50% of program funds received on transit fare subsidies, specified transitconnections, or technology improvements that reduce emissions of greenhouse gases.
Position: Support SB 1153 Stern D ( Dist. 27) Local initiatives: review.
Would authorize the proponent of a county, municipal, or district initiative to withdraw the initiative at any time
before the 88th day before the election, whether or not the petition has already been found sufficient by the electionsofficial. Because the exercise of this authority would impose associated duties on local elections officials, this billwould impose a state-mandated local program. This bill contains other related provisions and other existing laws.
SB 1262 Newman D ( Dist. 29) Construction Manager/General Contractor project delivery method:Department of Transportation.
Would remove the cap on the number of projects for which the Department of Transportation is authorized to use
the CM/GC method, eliminate the minimum construction costs limitation, and make conforming changes to existingprovisions. The bill would impose the requirement to use department employees or consultants to perform projectdesign and engineering services on at least2/3 of the projects delivered by the department utilizing the CM/GCmethod.
Position: Support SB 1328 Beall D ( Dist. 15) Mileage-based road usage fee.
Current law requires the Chair of the California Transportation Commission to create a Road Usage Charge (RUC)
Technical Advisory Committee in consultation with the Secretary of the Transportation Agency. Under current law,the purpose of the technical advisory committee is to guide the development and evaluation of a pilot program toassess the potential for mileage-based revenue collection as an alternative to the gas tax system. Current lawrequires the technical advisory committee to study RUC alternatives to the gas tax and to make recommendations tothe Secretary of the Transportation Agency on the design of a pilot program, as specified. Current law repeals theseprovisions on January 1, 2019. This bill would extend the operation of these provisions until January 1, 2023.
SB 1376 Hill D ( Dist. 13) Transportation network companies: accessibility for persons with disabilities.
Current law requires the State Air Resources Board, when funding a specified class of projects, to allocate, until
January 1, 2020, no less than 20% of that available funding to support the early commercial deployment of existingzero- and near-zero-emission heavy-duty truck technology. This bill instead would require the state board, whenfunding a specified class of projects, to allocate, until December 31, 2030, no less than 20% of that availablefunding to support the early commercial deployment of existing zero- and near-zero-emission heavy-duty trucktechnology.
SB 1427 Hill D ( Dist. 13) Discrimination: veteran or military status.
Current law defines specified terms, including the term “source of income,” in connection with provisions that
prohibit discrimination in housing accommodations. This bill would specify that a federal Department of Housing andUrban Development Veterans Affairs Supportive Housing voucher is a source of income.
Would require the PUC to direct electrical corporations with more than 100,000 service connections in California to
file rate design applications, specific to transit agencies as commercial customers, that support and accelerate thedeployment of zero-emission transit buses to reduce dependence on petroleum, meet air quality standards, andreduce emissions of greenhouse gases to 40% below 1990 levels by 2030 and to 80% below 1990 levels by 2050.The bill would authorize an electrical corporation with 100,000 or fewer service connections in California to file ratedesign applications for those purposes.
SCA 2 Newman D ( Dist. 29) Motor vehicle fees and taxes: restriction on expenditures: appropriationslimit.
Would add Article XIXD to the California Constitution to require revenues derived from vehicle fees imposed under
a specified chapter of the Vehicle License Fee Law to be used solely for transportation purposes. The measurewould prohibit these revenues from being used for the payment of principal and interest on state transportationgeneral obligation bonds that were authorized by the voters on or before November 8, 2016.
SCA 6 Wiener D ( Dist. 11) Local transportation measures: special taxes: voter approval.
Would require that the imposition, extension, or increase by a local government of a special tax as may otherwise be
authorized by law, whether a sales or transactions and use tax, parcel tax, or other tax for the purpose of providingfunding for transportation purposes be submitted to the electorate by ordinance and approved by 55% of the votersvoting on the proposition. The measure would authorize an ordinance submitted to the voters for approval under
Would provide that, on and after January 1, 2020, for the purpose of distributing the revenues derived under a sales
tax imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law, the retail sale of tangiblepersonal property by a qualified retailer, as defined, that is transacted online is instead consummated at the point ofthe delivery of that tangible personal property to the purchaser’s address or to any other delivery addressdesignated by the purchaser.
Entity: San Bernardino County Transportation Authority
Minute Action
AGENDA ITEM: 12
Date: June 13, 2018
Subject:
Addition of Report Due Dates to Measure I Local Street Policies 40003, 40012, and 40016
Recommendation:
That the General Policy Committee recommend the Board, acting as the San Bernardino County
Transportation Authority, approve amendment to the Measure I 2010-2040 Strategic Plan
Policies 40003, 40012, and 40016 to include the due date for the annual update of a member
jurisdiction’s Five Year Plan related to the Local Streets Program requirements of Ordinance
No. 04-01.
Background:
The Measure I 2010-2040 Ordinance No. 04-01 states:
“Expenditure of Local Street Project funds shall be based upon a Five Year Plan adopted
annually by the governing body of each jurisdiction after being made available for public review
and comment. Local Street Project funds shall be disbursed to local jurisdictions upon receipt of
the annually adopted Five Year Plan.”
In addition, Strategic Plan Policies 40003-VLS-2, 40012-VVLS-2, and 40016-MDLS-2 each
include a requirement that “Local jurisdictions shall not receive their Local Street Program
allocation until they have submitted their annual update of their Five Year Plan.” However, the
submission deadline was not included.
This agenda item requests that the Board approve the addition of a Five Year Plan submission
due date of September 1st to each of the three policies. The due date of September 1
st was chosen
as the first pass-through payment of the fiscal year typically occurs mid-September. If the Five
Year Plan has not been received by the due date, the pass-through payments will be withheld.
All withheld pass-through payments will be released upon receipt of the governing body’s
adopted Five Year Plan.
Attached are copies of the proposed changes to the three Local Street Program policies adding
the due date for the submission of jurisdiction Five Year Plans. In Policy 40003, the reference is
added to VLS-2; in Policy 40012, the reference is added to VVLS-2; and in Policy 40016, the
reference is added to MDLS-2.
Financial Impact:
This item is consistent with the Fiscal Year 2018/2019 budget.
Reviewed By:
This item is not scheduled for review by any other policy committee. The item has been
reviewed by the Transportation Technical Advisory Committee on June 4, 2018. This item and
the draft Policies have been reviewed by General Counsel.
Responsible Staff:
Ellen Pollema, Management Analyst II
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General Policy Committee Agenda Item
June 13, 2018
Page 2
San Bernardino County Transportation Authority
Approved
General Policy Committee
Date: June 13, 2018
Witnessed By:
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Policy 40003 Valley Local Street Program
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San Bernardino County Transportation Authority Policy 40003
Adopted by the Board of Directors April 1, 2009 Revised 9/6/17
Valley Local Street (VLS) Program Measure I 2010-2040 Strategic Plan
Revision No.
34
Important Notice: A hardcopy of this document may not be the document currently in effect. The current version is always the version on the SBCTA Intranet.
Table of Contents | Purpose | References | Definitions | Policies for Valley Local Street Program | Revision History |
I. PURPOSE The purpose of this policy is to establish requirements relating to adoption of Five Year Plans by local jurisdictions outlining the projects that will be funded under the Measure I 2010-2040 Valley Subarea Local Street Program. Twenty percent of the total Measure I 2010-2040 revenue collected in the San Bernardino Valley Subarea shall be assigned to the Local Street Program. This program will be used by local jurisdictions to fund Local Street Projects.
II. REFERENCES Ordinance No. 04-01 of the San Bernardino County Transportation Authority, Exhibit A – Transportation Expenditure Plan.
SBCTA Congestion Management Program
III. DEFINITIONS Local Street Program: Measure I program in all subareas that provides funds through a pass-through mechanism directly to local jurisdictions for expenditure on street and road construction, repair, maintenance and other eligible local transportation priorities. Local Street Program funds can be used flexibly for any eligible transportation purpose determined to be a local priority, including Local Street, major highways, state highway improvements, freeway interchanges, transit, and other improvements/programs to maximize use of transportation facilities.
Allocation: An action by the SBCTA Board of Directors to assign a specific amount of Measure I funds from a Measure I program to a project. Allocations of Local Street Program funds occur monthly as a direct pass-through to local jurisdictions.
Five Year Plan: A plan of projected local jurisdiction expenditures for the next five years on local projects eligible for Local Street Program funds, updated annually and submitted to SBCTA by local jurisdictions.
Independent Taxpayer Oversight Committee: A “Mandated Taxpayer Safeguard” established by Ordinance 04-01 for Measure I 2010-2040 to provide citizen review and to ensure that all Measure I funds are spent in accordance with provisions of the Measure I Expenditure Plan and Ordinance.
Maintenance of Effort: The requirement that Measure I funding will supplement and not replace the existing local discretionary funding being used for street and highway purposes.
Maintenance of Effort Base Year Level: The amount of General Fund used for street and highway purposes in Fiscal Year 2008/2009, prior to Measure I 2010-2040, as adopted by the SBCTA Board of Directors.
IV. POLICIES FOR THE VALLEY LOCAL STREET PROGRAM A. Local Street Program Allocation
Policy VLS-1: Each jurisdiction shall receive an allocation from 20% of the Measure I revenue collected in the Valley Subarea on a per capita basis using the population estimate as of January 1 of
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that year. The population estimate for making the per capita calculation shall be determined by SBCTA each year based on the State Department of Finance population estimate. For the unincorporated areas, the calculation shall be based on the population estimate from the County Land Use Services Department - Planning Division and reconciled with the State Department of Finance population estimate as of January 1 of that year.
Policy VLS-2: Local jurisdictions shall not receive their Local Street Program allocation until they have submitted their annual update of their Five Year Plan. The due date to submit the Five Year Plan to SBCTA is September 1 of each year. If the Five Year Plan has not been received by the due date, the pass through payments will be withheld. All withheld pass through payments will be released upon receipt of the local jurisdiction governing body’s adopted Five Year Plan.
Policy VLS-3: The Local Street Program allocation shall be remitted to local jurisdictions monthly.
Policy VLS-4: Local Street Program allocations remitted from January 1 until such time as the State Department of Finance has issued their population figures and SBCTA has made the per capita calculation, shall be based on the prior year’s calculation. Once the per capita calculation has been made, the calculation will be applied retroactively to January 1 and amounts received by local jurisdictions will be adjusted to account for the difference in the amount remitted during the retroactive period and the amount that should have been remitted adjusted for the new per capita calculation.
B. Development Fair Share Contribution Policy VLS-5: A development mitigation fair share contribution is required by Measure I 2010-2040 for all capacity improvement projects on the Nexus Study Network, contained in the most recent Board-adopted version of the Nexus Study approved for jurisdictions in the San Bernardino Valley and funded all or in part with Local Street Program allocations.
Policy VLS-6: Annually as part of its audit of each jurisdictions’ use of Measure I funds, SBCTA will specifically review development mitigation contribution records for capacity improvements to Nexus Study Network facilities that were funded all or in part by Local Street Program allocations. If a material finding is made in the audit showing that the development fair share contribution was not made, SBCTA may, as the agency responsible for the Congestion Management Program, withhold Section 2105 Gas Tax funds or Measure I Local Street Program allocations until the jurisdiction shows that they are in compliance with the Congestion Management Program.
Policy VLS-7: Jurisdictions may borrow from other internal accounts (i.e. within their own jurisdiction) to fund the required development fair share. Jurisdictions will maintain a record of borrowing between internal accounts. The internal accounts shall be reimbursed by development mitigation as development occurs.
C. Five Year Plan Policy VLS-8: Each local jurisdiction is required to annually adopt a Five Year Capital Improvement Plan which details the specific projects to be funded using Measure I Local Pass-Through Funds. Expenditures of Measure I Local Pass Through Funds must be detailed in the Five Year Capital Improvement Plan and adopted by resolution of the governing body. Expenditures can only be made on projects listed in the current Five Year Capital Improvement Plan. Policy VLS-9: Five Year Capital Improvement Plans shall:
a. Specifically identify improvements to be funded all or in part with Measure I Local Street Program funds by street name, boundaries, and project type, subject to eligibility requirements listed in Section D below.
b. Constrain the total amount of planned expenditures to 150% of SBCTA’s forecasted revenue for Measure I Local Pass-Through Funds, revenue resulting from bonds secured by Measure I revenue, and remaining balances from previous year allocations.
c. Include no more than 50% of estimated annual new revenue to general program categories. Any carryover fund balance shall not be used for general program categories.
A general program category is defined as a pavement management program, transportation system improvement, routine roadway maintenance, and other miscellaneous categorical expendituresin a program of work without any identified streets. If a line item in the Five Year Capital Improvement Plan includes a list of the streets to which it will apply, then it does not have
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to count as a general program category (i.e. a city-wide AC overlay program that lists the streets to be included in the program).
d. For capacity enhancement projects to Nexus Study Network roadways, include total estimated cost, Measure I share of project cost and development share of project cost. Maintenance projects or projects that do not enhance the capacity of a roadway do not require a development contribution to be included in the Five Year Plan.
Policy VLS-10: Any single project expenditure in excess of $100,000 must be listed as an individual project and not included in a general program category. A project is defined as a specific road improvement that is eligible to receive Measure I funding.
Policy VLS-11: The Five Year Capital Improvement Plan shall be the basis for the annual audit. Jurisdictions will have flexibility in adding and deleting projects or moving funding between projects in their current Five Year Capital Improvement Plan based on the necessities of the jurisdiction. However, in order for a project to be eligible for expenditure of Local Street Program funds, a revised Capital Improvement Plan adopted by resolution of the governing body is required and must be provided to SBCTA by June 30
th of each fiscal year if the project list has been changed. If the Capital
Improvement Plan is not modified to reflect the changes, an audit finding will result. If the audit finding is not corrected, the project will not be eligible for expenditures of Local Street Program funds.
D. Eligible Expenditures Policy VLS-12: Eligible expenditures include construction, maintenance, and overhead for transportation related purposes only. Included below are definitions and types of eligible expenditures by category.
a. Construction shall be defined as the building or rebuilding of streets, roads, bridges, and acquisition of rights-of-way or their component parts to a degree that improved traffic service is provided and geometric or structural improvements are effected including allocated administration and engineering necessarily incurred and directly related to the above.
b. Construction work includes four categories: 1) New Construction—A construction that substantially deviates from the existing alignment and
provides for an entirely new street or roadbed for the greater parts of its length.
2) Reconstruction—A construction involving realignment or the use of standards well above those of the existing element, whereby the type or the geometric and structural features are significantly changed.
3) Preventative Maintenance— Includes, but is not limited to, roadway activities such as joint and shoulder rehabilitation, heater re-mix, seal coats, corrective grinding of PCC pavement, and restoration of drainage systems.
4) 3R Work— All other work that does not fall into the above defined categories for new construction, reconstruction, or preventative maintenance and typically involves the improvement of highway pavement surfaces through resurfacing, restoration, or rehabilitation. It is generally regarded as heavy, non-routine maintenance designed to achieve a ten-year service life. Specifically, 3R Work is defined as the following:
• Resurfacing generally consists of placing additional asphalt concrete over a structurally sound highway, street, or bridge that needs treatment to extend its useful service life.
• Restoration means returning a road, street, structure, or collateral facility to the condition existing after original construction.
• Rehabilitation implies providing some betterments, such as upgrading guardrail or widening shoulders.
c. Examples of construction expenditures:
Additions
1) Addition of a frontage street or road.
2) Addition of auxiliary lanes such as speed change, storage, or climbing lanes.
Barriers
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3) Earthwork protective structures within or adjacent to the right-of-way area.
4) Extensions and new installation of walls.
5) Replacement of retaining walls to a higher standard.
6) Extension or new installation of guardrails, fences, raised medians or barriers for traffic safety.
Bikeways
7) Construction of bikeways when they are an integral part of the Public Streets and Highways System.
8) Construction of bicycle or pedestrian underpasses or overhead crossing for the general public use.
Bridges
9) Reconstruction of an existing bridge or installation of a new bridge.
10) Widening of a bridge.
11) Replacement of bridge rails and floors to a higher standard.
Curbs, etc.
12) Installations or extensions of curb, gutter, sidewalks or underdrain, (including improvements to handicap ramps to make them ADA compliant).
Drainage
13) Complete reconstruction or addition to a culvert.
14) Extending old culverts and drains and replacing headwalls.
Interagency projects
15) Measure I funds can be expended for road improvements within an adjoining jurisdiction as long as the improvements are made within the County of San Bernardino.
16) Road improvements and maintenance upon a state highway as long as the appropriate agreement with Caltrans is in place.
17) Maintenance or construction on alleys that have been formally accepted into the city or county street system.
18) Development of facilities associated with Metrolink commuter rail operations that are determined to be a local responsibility.
Landscaping
19) Installation or addition to landscape treatment such as sod, shrubs, trees, irrigation, etc.
20) Purchase of land for “greenbelt” if needed to mitigate the environmental impact of a street or road construction project.
Layout
21) Change of alignment, profile, and cross-section.
22) Reconstruction of an intersection and its approximate approaches to a substantially higher type involving a change in its character and layout including changes from a plain intersection to a major channelized intersection or to grade separation and ramps.
Lighting
23) Installation, replacement or expansion of street or road lighting system.
Planning and Design
24) Project development and planning studies and design for eligible transportation projects
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25) Expenses incurred in attending or participating in transportation and traffic engineering sponsored programs conducted for street or road purposes.
26) Engineering review of plans for construction of Valley Measure I Major Projects.
Relocation
27) Removal of old street and roadbeds and structures, and detour costs when connected with a construction project.
28) Replacement in kind, when legally required, of structures which are required to be relocated for street and road purposes.
Signs and signals
29) Installation of original traffic signs and markers on routes.
30) Replacement of all major signs or traffic control devices on a street or road.
31) The installation of a new sign or the replacement of an old sign with one of equal or superior design such as increased size, illumination, or overhead installations.
32) Installation or improvement of traffic signal controls at intersections and protective devices at railroad grade crossings.
33) Purchase and installation of traffic signal control equipment including traffic actuated equipment, radio or other remote control devices and related computers, software and that portion of preemption equipment not mounted on motor vehicles.
Striping
34) Painting or rearrangement of pavement striping and markings, or repainting to a higher standard.
Surface work
35) Original surfacing of shoulders.
36) Improvement of a surface to a higher type.
37) Placing sufficient new material on soil surface, gravel street or road to substantially improve the quality of the original surface.
38) Bituminous material of 1" or more placed on bituminous or concrete material. A lesser thickness may be considered construction provided the engineer shall certify that the resulting pavement is structurally adequate to serve anticipated traffic.
39) Remix existing bituminous surfacing with added materials to provide a total thickness of 1" or more. A lesser thickness may be considered construction provided the engineer shall certify that the resulting pavement is structurally adequate to serve anticipated traffic.
40) Stabilization of street or road base by additive, such as cement, lime or asphaltic material.
Widening
41) Widening of existing street, roadbed or pavement, with or without resurfacing.
42) Resurfacing, stabilizing or widening of shoulders including necessary connections to side streets or road approaches.
Other eligible expenditures
43) Matching funds to federal or state contributions to a roadway project.
44) Park and ride facilities.
d. Maintenance shall be defined as the preservation and upkeep of a street or road to its
constructed condition and the operation of a street or road facility and its integral services to provide safe, convenient and economical highway transportation.
e. Examples of maintenance include:
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1) Scarifying, reshaping and restoring material losses.
2) Applying dust palliatives.
3) Patching, repairing, surface treating, and joint filling on bituminous or concrete surfaces.
4) Jacking concrete pavements.
5) Repairing traveled way and shoulders.
6) Adding bituminous material of less than 1" to bituminous material including seal coats.
7) Remixing existing bituminous surfacing with added materials to provide a total thickness of less than 1". (See exception under Construction, example 39.)
8) Patching operations including base restoration.
9) Resealing street or road shoulders and side street and road approaches.
10) Reseeding and resodding shoulders and approaches.
11) Reshaping of drainage channels and side slopes.
12) Restoring erosion controls.
13) Cleaning culverts and drains.
14) Removing slides and restoring facilities damaged by slides. (Additional new facilities shall be considered construction.)
15) Mowing, tree trimming, and watering within street/road right-of-way.
16) Replacing top soil, sod, shrubs, trees, irrigation facilities, etc. on street and roadside.
17) Repairing curb, gutter, rip-rap, underdrain, culverts and drains.
18) Cleaning, painting and repairing bridges and structures.
19) Performing all snow control operations such as the erection of snow fences and the actual removal of snow and ice from the traveled way.
20) Repainting pavements, striping, and markings.
21) Repainting and repairing signs, guardrails, traffic signals, lighting standards, etc.
22) Adding small numbers of convential traffic control devices including signs.
23) Servicing street or road lighting and traffic control devices.
24) Furnishing power for street and road lighting and traffic control devices.
25) Developing and maintaining programs that enhance management of transportation facilities such as travel demand models and pavement management programs.
26) Purchase of street-related equipment used exclusively for road maintenance.
27) Purchase of rubberized railroad grade crossing material for repair of grade crossings.
f. Overhead shall be defined as those elements of cost necessary in the production of an article or performance of a service which are of such a nature that the amounts applicable to the functions are not readily discernible. Usually they relate to those objects of expenditure that do not become an integral part of the finished product or service. Examples of overhead components are shown below and are comprised of costs that cannot be identified or charged to a project, unless an arbitrary allocation basis is used. Overhead will only be allowed via an approved cost allocation plan or an equitable and auditable distribution of overhead among all departments.
1) Payroll
2) Facilities
3) Advertising
4) General Government
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5) Departmental Accounts/Finance
6) Procurement
7) Top Management
8) General Accounting/Finance
9) Personnel
10) Data Processing
11) Legal Costs
12) Bids
E. Ineligible Expenditures Policy VLS-13: Although many types of work may be referred to as "construction," this does not make these costs automatically eligible for expenditures of Measure I funds. To be eligible, the work must be for street and road purposes.
a. Following is a list of the types of expenditures that are not eligible for financing with Measure funds:
1) Costs of rearranging non-street or road facilities, including utility relocation, when not a legal road or street obligation.
2) New (first installation of) utilities, including water mains, sanitary sewers and other non-street facilities.
3) Costs of leasing property or right-of-way, except when required for construction work purposes on a temporary basis.
4) Costs of constructing or improving a street or area for parking purposes, except for the width normally required for parking adjacent to the traveled way and within the right-of-way, or when off-street parking facilities are constructed in lieu of widening a street to improve the flow of traffic.
5) Decorative lighting.
6) Park features such as benches, playground equipment, and restrooms.
7) Work outside the right-of-way that is not a specific right-of-way obligation.
8) Equestrian under- and overpasses or other similar structures for any other special interest group unless as a part of a right-of-way obligation.
9) Construction, installation, or maintenance of cattle guards.
10) Acquisition of buses or other mass transit vehicles or maintenance and operating costs for mass transit power systems or passenger facilities, other than to specifically serve senior and disabled persons. (Passenger facilities include but are not limited to bus benches, shelters, and bus stop signs, or equipment and services.)
11) Maintenance or construction on alleys that have not been formally designated as part of the jurisdiction’s street and road system.
12) Non-street and road related salaries and benefits.
13) Driveways outside of the street and road right-of-way.
14) Purchase of electronic speed control devices or other non-highway related equipment.15) Freeway telephone emergency system.
15) Interest charged for non-highway purposes.
16) Grantwriting consultant fees.
F. Accounting Requirements
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Policy VLS-14: Each local jurisdiction shall establish a Special Measure I 2010-2040 Transportation Sales Tax Fund. This fund is a special revenue fund utilized to account for proceeds of specific revenue sources that are legally restricted to expenditures for street and road purposes. Jurisdictions should use the modified accrual basis of accounting.
Policy VLS-15: The following requirements are to provide guidance on the specific accounting treatment as it relates to the Special Measure I Transportation Sales Tax Fund.
a. All allocations shall be deposited directly into the Special Measure I Transportation Sales Tax Fund.
b. Interest received by a jurisdiction from the investment of money in its Special Measure I Sales Tax Fund shall be deposited in the fund and shall only be used for street and road purposes.
c. Segregation must be maintained within the Special Measure I Transportation Sales Tax Fund to show separate balances for each subarea (County only).
d. If other revenues are commingled in the Special Measure I Transportation Sales Tax Fund, it is the responsibility of the jurisdiction to provide accurate and adequate documentation to support revenue and expenditure allocation, as well as segregated balances.
e. It is allowable to fund prior year expenditures with current year revenues and/or fund balance as long as funded projects are included in the current adopted Five-Year Capital Improvement Plan and accounting clearly identifies the project and other pertinent data to establish a clear audit trail.
f. If a project is deemed ineligible in the annual Compliance Audit, the Measure I funds used on that project must be repaid to the Special Measure I Transportation Sales Tax Fund in accordance with Policy VLS-19.
Policy VLS-16: Any interest earned on investment of Measure I Transportation Sales Tax Funds must be deposited in the Special Measure I Transportation Sales Tax Fund. Any jurisdiction not electing to invest its Measure I funds but at the same time investing most of its other available funds should deposit the Measure I funds in a separate account to clearly indicate that no such monies were invested. If Measure I Transportation Sales Tax funds are invested, they must receive their equitable proration of interest earned on the total funds invested. Several methods are available to determine an equitable distribution of interest earned. Whatever method is employed, it will be analyzed during audit to determine reasonableness and confirm distribution to the Special Measure I Transportation Sales Tax Fund. It is recommended that a distribution based on average month-end cash balances be employed. In addition, if the interest distribution methodology allows for negative distributions, they will be disallowed. No interest charges based on negative cash and fund balances will be allowed.
Policy VLS-17: Reimbursements of Measure I Transportation Sales Tax Funds previously expended for street and road construction or right-of-way purposes, from whatever source, must be deposited in the Special Measure I Transportation Sales Tax Fund. This includes but is not limited to:
Federal Aid Urban projects
Cooperative agreements
Right-of-way dispositions
Federal and safety projects
Policy VLS-18: Records:
a. Source Documentation - On construction or purchase of right-of-way, all expenditures charged to the Measure I Transportation Sales Tax Fund must be supported by a warrant or other source document (invoice, requisition, time sheet, equipment rental charge, engineering plans, specifications, and other pertinent data) clearly identifying the project and other pertinent data to establish a clear audit trail.
b. Retention Period - All source documents, together with the accounting records, are deemed to be the official records of the jurisdiction and must be retained by the jurisdiction for five (5) years.
Policy VLS-19: Compliance Audit Deadline
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A jurisdiction’s annual Compliance Audit must be completed within six (6) months after the end of the jurisdiction’s fiscal year (Compliance Audit Deadline). SBCTA staff shall monitor the scheduling and progress of the audits to ensure prompt communication by the Auditor after information submittals by the jurisdiction and timely completion of the final Measure I audit report. If a jurisdiction is not able to meet the information submittal deadlines set by the Auditor or the Compliance Audit Deadline due to unforeseen circumstances beyond its control, the jurisdiction may submit a request to SBCTA’s Executive Director no later than thirty days prior to the submittal deadline set by the Auditor or the Compliance Audit Deadline, whichever extension is required, and a two (2) month automatic extension will be granted. Any further requests for extensions of the Compliance Audit Deadline are subject to approval by the Board. The Board may approve further Compliance Audit Deadline extensions if the Board finds: (1) the Compliance Audit was not completed timely for reasons outside of the jurisdiction’s control, such as federal, state, and GASB reporting requirements, or catastrophic events; or (2) it is in the best interest of SBCTA to grant the extension. SBCTA staff shall be responsible for requesting extensions related to Auditor performance.
Policy VLS-20: Remedies
a. If a jurisdiction’s annual Compliance Audit determines that the jurisdiction used Measure I Transportation Sales Tax Funds for ineligible expenses, the jurisdiction shall immediately repay the Measure I Transportation Sales Tax Fund in an equal amount through an internal fund transfer from another source. Repayment will include interest that would have been earned in the Special Measure I Transportation Sales Tax Fund from the time of ineligible expenditure to date of repayment.
b. If a jurisdiction’s annual Compliance Audit fails to be completed with an unmodified opinion by the Compliance Audit Deadline, which may be extended pursuant to Policy VLS-19, the jurisdiction shall immediately repay the Measure I Transportation Sales Tax Fund through an internal fund transfer from another source.in the amount of the Measure I Local Street Program allocation for the subject fiscal year of Compliance Audit findings of unsubstantiated or questioned costs. Repayment will include interest that would have been earned in the Special Measure I Transportation Sales Tax Fund from the time of ineligible expenditure to date of repayment.
c. If the jurisdiction is unable to make such immediate repayment under VLS-20 (a) or (b), the jurisdiction shall not receive its Local Street Program allocation pass-through payments until the repayment amount of ineligible expenses, unsubstantiated costs, or questioned costs, have been withheld by SBCTA. Repayment will include interest that would have been earned in the Special Measure I Transportation Sales Tax Fund from the time of ineligible expenditure to date of repayment.
d. If the jurisdiction enters into a Repayment Agreement with SBCTA, as approved by the jurisdiction and the SBCTA Board of Directors, providing for repayment of the amounts owed under VLS-20 (a) or (b) over a period not to exceed five (5) years, SBCTA will return any pass-through funds withheld. SBCTA will recommence withholding Local Street Program allocation pass-through funds if the jurisdiction fails to comply with the terms of the Repayment Agreement.
G. Maintenance of Effort Requirements Policy VLS-21: The SBCTA Board of Directors shall retain authority over actions related to these Maintenance of Effort (MOE) requirements.
Policy VLS-22: In accordance with California Public Utilities Code 190300 and Ordinance No. 04-01 of the San Bernardino County Transportation Authority, Local Street Program funds shall not be used to supplant existing local discretionary funds being used for street and highway purposes.
Policy VLS-23: SBCTA shall monitor local agency use of General Fund for street and highway purposes relative to their use prior to Measure I 2010-2040, which shall be referred to as the MOE base year level.
Policy VLS-24: The following requirements are to provide guidance on the determination of a MOE base year level.
a. The MOE base year level shall be equivalent to the discretionary General Fund expenditures for transportation-related construction and maintenance activities consistent with Policy VLS-12 in Fiscal Year 2008/2009.
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b. Jurisdictions may propose deductions to the recorded expenditures for the following:
1) Expenditures for unusual circumstances that increased the MOE base year level arbitrarily outside of the normal on-going General Fund expenditures, e.g. General Fund loans to other transportation-related funds, emergency repairs, or special projects.
2) Administrative/overhead costs that were not project-specific, i.e. staff time for transportation staff was charged to a general “program” budget rather than charged directly to specific projects.
c. The proposed MOE base year level shall be adopted by resolution of the governing body.
d. The Independent Taxpayer Oversight Committee (ITOC) will review the proposed MOE base year levels, including the proposed deductions, as adopted by resolution of the governing body, and provide a recommendation to the SBCTA Board of Directors for approval.
e. The MOE base year level as approved by the SBCTA Board of Directors shall remain in effect until the expiration of Measure I 2010-2040.
Policy VLS-25: Jurisdictions shall annually provide a statement in the resolution of the governing body adopting the Five Year Capital Improvement Plan that acknowledges the jurisdiction will maintain General Fund expenditures for transportation-related construction and maintenance activities at the required MOE base year level in that fiscal year. Jurisdictions whose MOE base year level is determined to be $0 are not required to provide this statement in the resolution. Policy VLS-26: The MOE requirement shall be tracked and verified as part of the annual Measure I Local Street Program audit. This will be accomplished by comparing the discretionary General Fund expenditures for transportation-related construction and maintenance activities consistent with Policy VLS-12 to the MOE base year level. Policy VLS-27: General Fund expenditures in excess of the MOE base year level will carry over to subsequent fiscal years and can be applied in a future year to offset the amount the local agency may need to meet the MOE requirement. Carryover balances will be documented in the annual Measure I Local Street Program audit. Policy VLS-28: If the annual Measure I Local Street Program audit indicates that the required MOE base level is not being met, then the jurisdiction has the following four fiscal years to make up the amount. If the audit following those four fiscal years indicates the jurisdiction is still below the MOE base year level, SBCTA will immediately stop disbursing Measure I Local Street Program funds until an amount equivalent to the MOE base year level shortfall has been withheld. The withheld funds will be disbursed to the jurisdiction upon demonstration that the jurisdiction has met the MOE requirements. Policy VLS-29: The following provides guidance on resolution of MOE base year level shortfalls at the expiration of Measure I 2010-2040.
a. If the jurisdiction has not resolved a MOE base year level shortfall within two years after the expiration of Measure I 2010-2040, any withheld funds will be distributed to other compliant jurisdictions within that subarea.
b. If any Measure I Local Street Program audit after Fiscal Year 2033/2034 indicates that the required MOE base year level was not met, then the jurisdiction has until Fiscal Year 2038/2039 to make up the amount. If the audit of Fiscal Year 2038/2039 indicates the jurisdiction is still below the MOE base level, the jurisdiction must pay the MOE base level shortfall to SBCTA for distribution to other compliant jurisdictions within that subarea.
Policy VLS-30: Prior to withholding or required repayment of Measure I Local Street Program funds, jurisdictions shall have an opportunity to appeal to the ITOC. The jurisdiction must present evidence to the ITOC demonstrating unusual circumstances or the need for special consideration. The ITOC will be responsible for making a recommendation to the SBCTA Board of Directors to either approve or deny the request for special consideration.
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V. REVISION HISTORY
Revision No.
Revisions Adopted
0 Adopted by the Board of Directors. 04/01/2009
1 Revisions adopted by the Board of Directors on January 8, 2014, Agenda Item 14. 01/08/2014
2 Revisions adopted by the Board of Directors on May 6, 2015, Agenda Items 6 & 8. 05/06/2015
3 Amended list of eligible expenses to be more consistent with the list of eligible expenses in the State Controller’s Office Gas Tax Fund Guidelines. Modified remedy language in Policy VLS-20. Approved by the BOD 9/6/17, Agenda Item 11.
09/06/2017
4 Addition of due date of Capital Improvement Plan in VLS-2.
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Policy 40012 Victor Valley Local Street Program
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San Bernardino County Transportation Authority Policy 40012
Adopted by the Board of Directors April 1, 2009 Revised 9/6/17
Victor Valley Local Street (VVLS) Program Measure I 2010-2040 Strategic Plan
Revision No.
34
Important Notice: A hardcopy of this document may not be the document currently in effect. The current version is always the version on the SBCTA website.
Table of Contents | Purpose | References | Definitions | Policies for the Victor Valley Local Street Program | Revision History |
I. PURPOSE The purpose of this policy is to establish requirements for the Victor Valley Local Street Program, including project eligibility, adoption of Five Year Plans by local jurisdictions, accounting requirements, and development mitigation requirements.
II. REFERENCES Ordinance No. 04-01 of the San Bernardino County Transportation Authority, Exhibit A – Transportation Expenditure Plan.
SBCTA Congestion Management Program
III. DEFINITIONS Local Street Program: Measure I program in all subareas that provides funds through a pass-through mechanism directly to local jurisdictions for expenditure on street and road construction, repair, maintenance and other eligible local transportation priorities. Local Street Program funds can be used flexibly for any eligible transportation purpose determined to be a local priority, including Local Street, major highways, state highway improvements, freeway interchanges, transit, and other improvements/programs to maximize use of transportation facilities.
Allocation: An action by the SBCTA Board of Directors to assign a specific amount of Measure I funds from a Measure I program to a project. Allocations of Local Street Program funds occur monthly as a direct pass-through to local jurisdictions.
Five Year Plan: A plan of projected local jurisdiction expenditures for the next five years on Local Street Projects eligible for Local Street Program funds, updated annually and submitted to SBCTA by local jurisdictions.
Independent Taxpayer Oversight Committee: A “Mandated Taxpayer Safeguard” established by Ordinance 04-01 for Measure I 2010-2040 to provide citizen review and to ensure that all Measure I funds are spent in accordance with provisions of the Measure I Expenditure Plan and Ordinance.
Maintenance of Effort: The requirement that Measure I funding will supplement and not replace the existing local discretionary funding being used for street and highway purposes.
Maintenance of Effort Base Year Level: The amount of General Fund used for street and highway purposes in Fiscal Year 2008/2009,prior to Measure I 2010-2040 as adopted by the SBCTA Board of Directors.
IV. POLICIES FOR THE VICTOR VALLEY LOCAL STREET PROGRAM A. Local Street Allocation
Policy VVLS-1 70% of revenue collected in the Victor Valley subarea shall be apportioned for Local Street Projects. After reservation of 2% collected in the subarea for Project Development and Traffic
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Management Systems, each jurisdiction shall receive an allocation from 68% of the Measure I revenue. The allocation methodology is determined based on:
50% population. The population estimate for making the per capita calculation shall be determined by SBCTA each year based on the State Department of Finance population estimate. Annual adjustments to the population estimates are made mid-year, based on availability of DOF estimates. Following approval of the population estimates by the Board, adjustments will be made to the local pass through fund allocations retroactive to January 1 of the year.
50% return to source. The sales tax estimates provided by the State Board of Equalization, updated quarterly based on the prior quarter’s financial data, shall be used as the basis for making the return to source calculations.
Policy VVLS-2: Local jurisdictions shall not receive their Local Street Allocation until they have submitted their annual update of their Five Year Plan. The due date to submit the Five Year Plan to SBCTA is September 1 of each year. If the Five Year Plan has not been received by the due date, the pass through payments will be withheld. All withheld pass through payments will be released upon receipt of the local jurisdiction governing body’s adopted Five Year Plan.
Policy VVLS-3: The Local Street allocation shall be remitted to local jurisdictions monthly.
Policy VVLS-4: Local Street Allocations remitted from January 1 until such time as the State Department of Finance has issued their population figures and SBCTA has made the per capita calculation, shall be based on the prior year’s calculation. Once the per capita calculation has been made, the calculation will be applied retroactively to January 1 and amounts received by local jurisdictions will be adjusted to account for the difference in the amount remitted during the retroactive period and the amount that should have been remitted adjusted for the new per capita calculation.
Policy VVLS-5: Local Street Allocations sales tax generation portion will be based on the prior quarter’s data. Because of the lag in receiving sales tax data from the Board of Equalization, the Sales Tax Generation calculations for that portion of the Local Street Allocation will be calculated using the data from the prior quarter. (Example: During the months of January, February and March SBCTA will use the local sales tax generation figure derived from the fourth quarter of the previous calendar year.)
Policy VVLS-6: SBCTA will make the monthly allocations using the following procedure: a. Determine total amount of Measure I Sales Tax generated in the subarea from information
submitted by the State Board of Equalization.
b. Mutiply the total Measure I Sales Tax received for the month by 0.68 to arrive at the total amount of Local Street Program funds available for distribution to local jurisdictions.
c. Divide the Local Street Program fund into two 50% pools of funding: Allocate the two pools of funding based on:
1) a jurisdiction’s population share of the entire subarea population. 2) jurisdiction’s share of sales tax generation within the total subarea.
d. Add the population based component and the sales tax based component of each jurisdiction’s allocation to arrive at the total Local Street Allocation for each jurisdiction.
e. Remit payment of Local Street Program fund to local jurisdiction.
Policy VVLS-7: The Local Street program allocation will be decreased by 0.5% beginning in 2015 with additional decreases of 0.5% every five years thereafter to a maximum of 2.5% to be allocated to the Senior and Disabled Transit Service Program. This change in allocation will occur automatically unless each jurisdiction in the subarea makes a finding that such increase in Senior and Disabled Transit Service Program is not needed to address unmet transit needs of senior and disabled transit users.
B. Development Fair Share Contribution Policy VVLS-8: A development mitigation fair share contribution is required by Measure I 2010-2040 for all capacity improvement projects on the Nexus Study Network contained in the most recent Board-adopted version of the in the urbanized Victor Valley and funded all or in part with Local Street Program allocations. The urbanized Victor Valley is defined as the cities of Adelanto, Hesperia, Victorville, Town of Apple Valley and their spheres of influence.
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Policy VVLS-9: A development mitigation fair share contribution is required by Measure I 2010-2040 for all capacity improvement projects funded all or in part with Local Street Program allocations as identified by Traffic Impact Analysis (TIA) reports as required by the Congestion Management Program in the non-urban areas. The amount of the Development Fair Share Contribution for each project is defined by the traffic mitigation measures identified in the related TIA reports.
Policy VVLS-10: Annually as part of its audit of each jurisdictions’ use of Measure I funds, SBCTA will specifically review development mitigation contribution records for capacity improvements to Nexus Study Network facilities. If a material finding is made in the audit showing that the development share contribution was not made, SBCTA may, as the Congestion Management Agency, withhold Section 2105 Gas Tax funds or Measure I Local Street Allocations until the jurisdiction shows that they are in compliance with the Congestion Management Program.
Policy VVLS-11: Jurisdictions may borrow from other internal accounts (i.e. within their own jurisdictions) to fund the required development fair share. Jurisdictions will maintain a record of borrowing between internal accounts. The development mitigation account shall reimburse the source of the loan as development occurs. Expenditures can only be made on projects listed in the current Five Year Capital Improvement Plan.
C. Five Year Plan Policy VVLS-12: Each local jurisdiction is required to annually adopt a Five Year Capital Improvement Plan which details the specific projects to be funded using Measure I Local Pass-Through Funds. Expenditures of Measure I Local Pass Through Funds must be detailed in the Five Year Capital Improvement Plan and approved by the governing body.
Policy VVLS-13: Five Year Capital Improvement Plans shall:
a. Specifically identify improvements to be funded all or in part with Measure I Local Street Program funds by street name, boundaries, and project type, subject to eligibility requirements listed in Section D below.
b. Constrain the total amount of planned expenditures to 150% of SBCTA’s forecasted revenue for Measure I Local Pass-Through Funds, revenue resulting from bonds secured by Measure I revenue, and remaining balances from previous year allocations.
c. Include no more than 50% of estimated annual new revenue to general program categories Any carryover fund balance shall not be used for general program gategories.
A general program category is defined as a pavement management program, transportation system improvement, routine roadway maintenance, and other miscellaneous categorical expenditures in a program of work without any identified streets. If a line item in the Five Year Capital Improvement Plan includes a list of the streets to which it will apply, then it does not have to count as a general program category (i.e. a city-wide AC overlay program that lists the streets to be included in the program).
d. For capacity enhancement projects to Nexus Study Network roadways, include total estimated cost, Measure I share of project cost and development share of project cost. Maintenance projects or projects that do not enhance the capacity of a roadway do not require a development contribution to be included in the Five Year Plan.
Policy VVLS-14: Any single project expenditure in excess of $100,000 must be listed as an individual project and not included in a general program category. A project is defined as an specific road improvement that is eligible to receive Measure I funding.
Policy VVLS-15: The Five Year Capital Improvement Plan shall be the basis for the annual audit. Jurisdictions will have flexibility in adding or deleting projects or moving funding between projects in their current Five Year Capital Improvement Plan based on the necessities of the jurisdiction. However, in order for a project to be eligible for expenditure of Local Street funds, a revised Capital Improvement Plan adopted by resolution of the governing body is required and must be provided to SBCTA by June 30th of each fiscal year if the project list has been changed. If the Capital Improvement Plan is not modified to reflect the changes, an audit finding will result. If the audit finding is not corrected, the project will not be eligible for expenditures of Local Street funds.
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D. Eligible Expenditures Policy VVLS-16: Eligible expenditures include construction, maintenance, and overhead for transportation related purposes only. Included below are definitions and types of eligible expenditures by category.
a. Construction shall be defined as the building or rebuilding of streets, roads, bridges, and acquisition of rights-of-way or their component parts to a degree that improved traffic service is provided and geometric or structural improvements are effected including allocated administration and engineering necessarily incurred and directly related to the above.
b. Construction work includes four categories: 1) New Construction—A construction that substantially deviates from the existing alignment and
provides for an entirely new street or roadbed for the greater parts of its length.
2) Reconstruction—A construction involving realignment or the use of standards well above those of the existing element, whereby the type or the geometric and structural features are significantly changed.
3) Preventative Maintenance— Includes, but is not limited to, roadway activities such as joint and shoulder rehabilitation, heater re-mix, seal coats, corrective grinding of PCC pavement, and restoration of drainage systems.
4) 3R Work— All other work that does not fall into the above defined categories for new construction, reconstruction, or preventative maintenance and typically involves the improvement of highway pavement surfaces through resurfacing, restoration, or rehabilitation. It is generally regarded as heavy, non-routine maintenance designed to achieve a ten-year service life. Specifically, 3R Work is defined as the following:
• Resurfacing generally consists of placing additional asphalt concrete over a structurally sound highway, street, or bridge that needs treatment to extend its useful service life.
• Restoration means returning a road, street, structure, or collateral facility to the condition existing after original construction.
• Rehabilitation implies providing some betterments, such as upgrading guardrail or widening shoulders.
c. Examples of construction expenditures:
Additions
1) Addition of a frontage street or road.
2) Addition of auxiliary lanes such as speed change, storage, or climbing lanes.
Barriers
3) Earthwork protective structures within or adjacent to the right-of-way area.
4) Extensions and new installation of walls.
5) Replacement of retaining walls to a higher standard.
6) Extension or new installation of guardrails, fences, raised medians or barriers for traffic safety.
Bikeways
7) Construction of bikeways when they are an integral part of the Public Streets and Highways System.
8) Construction of bicycle or pedestrian underpasses or overhead crossing for the general public use.
Bridges
9) Reconstruction of an existing bridge or installation of a new bridge.
10) Widening of a bridge.
11) Replacement of bridge rails and floors to a higher standard.
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Curbs, etc.
12) Installations or extensions of curb, gutter, sidewalks or underdrain, (including improvements to handicap ramps to make them ADA compliant).
Drainage
13) Complete reconstruction or addition to a culvert.
14) Extending old culverts and drains and replacing headwalls.
Interagency projects
15) Measure I funds can be expended for road improvements within an adjoining jurisdiction as long as the improvements are made within the County of San Bernardino.
16) Road improvements and maintenance upon a state highway as long as the appropriate agreement with Caltrans is in place.
17) Maintenance or construction on alleys that have been formally accepted into the city or county street system.
18) Development of facilities associated with Metrolink commuter rail operations that are determined to be a local responsibility.
Landscaping
19) Installation or addition to landscape treatment such as sod, shrubs, trees, irrigation, etc.
20) Purchase of land for “greenbelt” if needed to mitigate the environmental impact of a street or road construction project.
Layout
21) Change of alignment, profile, and cross-section.
22) Reconstruction of an intersection and its approximate approaches to a substantially higher type involving a change in its character and layout including changes from a plain intersection to a major channelized intersection or to grade separation and ramps.
Lighting
23) Installation, replacement or expansion of street or road lighting system.
Planning and Design
24) Project development and planning studies and design for eligible transportation projects
25) Expenses incurred in attending or participating in transportation and traffic engineering sponsored programs conducted for street or road purposes.
26) Engineering review of plans for construction of Valley Measure I Major Projects.
Relocation
27) Removal of old street and roadbeds and structures, and detour costs when connected with a construction project.
28) Replacement in kind, when legally required, of structures which are required to be relocated for street and road purposes.
Signs and signals
29) Installation of original traffic signs and markers on routes.
30) Replacement of all major signs or traffic control devices on a street or road.
31) The installation of a new sign or the replacement of an old sign with one of equal or superior design such as increased size, illumination, or overhead installations.
32) Installation or improvement of traffic signal controls at intersections and protective devices at railroad grade crossings.
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33) Purchase and installation of traffic signal control equipment including traffic actuated equipment, radio or other remote control devices and related computers, software and that portion of preemption equipment not mounted on motor vehicles.
Striping
34) Painting or rearrangement of pavement striping and markings, or repainting to a higher standard.
Surface work
35) Original surfacing of shoulders.
36) Improvement of a surface to a higher type.
37) Placing sufficient new material on soil surface, gravel street or road to substantially improve the quality of the original surface.
38) Bituminous material of 1" or more placed on bituminous or concrete material. A lesser thickness may be considered construction provided the engineer shall certify that the resulting pavement is structurally adequate to serve anticipated traffic.
39) Remix existing bituminous surfacing with added materials to provide a total thickness of 1" or more. A lesser thickness may be considered construction provided the engineer shall certify that the resulting pavement is structurally adequate to serve anticipated traffic.
40) Stabilization of street or road base by additive, such as cement, lime or asphaltic material.
Widening
41) Widening of existing street, roadbed or pavement, with or without resurfacing.
42) Resurfacing, stabilizing or widening of shoulders including necessary connections to side streets or road approaches.
Other eligible expenditures
43) Matching funds to federal or state contributions to a roadway project.
44) Park and ride facilities.
d. Maintenance shall be defined as the preservation and upkeep of a street or road to its constructed condition and the operation of a street or road facility and its integral services to provide safe, convenient and economical highway transportation.Physical Maintenance is the preservation and upkeep of a highway, including all of its elements, in as nearly as practicable to its original condition or its subsequently improved condition, including development of a pavement management program. Traffic Services Maintenance is the operation of a highway facility and services incidental thereto, to provide safe, convenient and economical travel.
e. Examples of maintenance include:
1) Scarifying, reshaping and restoring material losses.
2) Applying dust palliatives.
3) Patching, repairing, surface treating, and joint filling on bituminous or concrete surfaces.
4) Jacking concrete pavements.
5) Repairing traveled way and shoulders.
6) Adding bituminous material of less than 1" added to bituminous material including seal coats.
7) Remix existing bituminous surfacing with added materials to provide a total thickness of less than 1". (See exception under Construction, example 38.)
8) Patching operations including base restoration.
9) Resealing street or road shoulders and side street and road approaches.
10) Reseeding and resodding shoulders and approaches.
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11) Reshaping of drainage channels and side slopes.
12) Restoring erosion controls.
13) Cleaning culverts and drains.
14) Removing slides and restoring facilities damaged by slides. (Additional new facilities shall be considered construction.)
15) Mowing, tree trimming and watering within street/road right-of-way.
16) Replacing top soil, sod, shrubs, trees, irrigation facilities, etc. on street and roadside.
17) Repairing curb, gutter, rip-rap, underdrain, culverts and drains.
18) Cleaning, painting and repairing bridges and structures.
19) Performing all snow control operations such as the erection of snow fences and the actual removal of snow and ice from the traveled way.
20) Repainting pavements, striping and markings.
21) Repainting and repairing of signs, guardrails, traffic signals, lighting standards, etc.
22) Adding small numbers of convential traffic control devices including signs.
23) Servicing street or road lighting and traffic control devices.
24) Furnishing power for street and road lighting and traffic control devices.
25) Developing and maintaining programs that enhance management of transportation facilities such as travel demand models and pavement management programs.
26) Purchase of street-related equipment used exclusively for road maintenance.
27) Purchase of rubberized railroad grade crossing material for repair of grade crossings.
f. Overhead shall be defined as those elements of cost necessary in the production of an article or performance of a service which are of such a nature that the amount applicable to the functions are not readily discernible. Usually they relate to those objects of expenditure which do not become an integral part of the finished product or service. Examples of overhead components are shown below and are comprised of costs which cannot be identified or charged to a project, unless an arbitrary allocation basis is used. Overhead will only be allowed via an approved cost allocation plan or an equitable and auditable distribution of overhead among all departments.
1) Payroll
2) Personnel
3) Procurement
4) Advertising
5) Legal Costs
6) General Government
7) General accounting/finance
8) Departmental accounting/Finance
9) Facilities
10) Data processing
11) Top Management
12) Bids
E. Ineligible Expenditures Policy VVLS-17: Although many types of work may be referred to as "construction," this does not make these costs automatically eligible for expenditures of Measure I funds. To be eligible, the work must be for street and road purposes.
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a. Following is a list of the types of expenditures that are not eligible for financing with Measure funds:
1) Costs of rearranging non-street or road facilities, including utility relocation, when not a legal road or street obligation.
2. New (first installation of) utilities, including water mains, sanitary sewers and other nonstreet facilities.
3) Costs of leasing property or right-of-way, except when required for construction work purposes on a temporary basis.
4) Costs of constructing or improving a street or area for parking purposes, except for the width normally required for parking adjacent to the traveled way and within the right-of-way, or when off-street parking facilities are constructed in lieu of widening a street to improve the flow of traffic.
5) Decorative lighting.
6) Park features such as benches, playground equipment, and rest rooms.
7) Work outside the right-of-way which is not a specific right-of-way obligation.
8) Equestrian under and overpasses or other similar structures for any other special interest group unless as a part of a right-of-way obligation.
9) Construction, installation or maintenance of cattle guards.
10) Acquisition of buses or other mass transit vehicles or maintenance and operating costs for mass transit power systems or passenger facilities, other than to specifically serve senior and disabled persons. (Passenger facilities include but are not limited to bus benches, shelters, and bus stop signs, or equipment and services.)
11) Maintenance or construction on alleys that have not been formally designated as part of the jurisdiction’s street and road system.
12) Non-street and road related salaries and benefits.
13) Driveways outside of the street and road right-of-way.
14) Purchase of electronic speed control devices or other non-highway related equipment.
15) Roadway telephone emergency system.
16) Interest charged for non-highway purposes.
17) Debt service payments for non-voter-approved bonds (or Certificate of Participation (COPs)).
18) Grantwriting consultant fees.
F. Accounting Requirements Policy VVLS-18: Each local jurisdiction shall establish a Special Measure I 2010-2040 Transportation Sales Tax Fund. This fund is a special revenue fund utilized to account for proceeds of specific revenue sources that are legally restricted to expenditures for street and road purposes. Jurisdictions should use the modified accrual basis of accounting.
Policy VVLS-19: The following requirements are to provide guidance on the specific accounting treatment as it relates to the Special Measure I Transportation Sales Tax Fund.
a. All allocations shall be deposited directly into the Special Measure I Transportation Sales Tax Fund.
b. Interest received by a jurisdiction from the investment of money in its Special Measure I Sales Tax Fund shall be deposited in the fund and shall be used only for street and road purposes.
c. Segregation must be maintained within the Special Measure I Transportation Sales Tax Fund to show separate balances for each subarea (County only).
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d. If other revenues are commingled in the Special Measure I Transportation Sales Tax Fund, it is the responsibility of the jurisdiction to provide accurate and adequate documentation to support revenue and expenditure allocation, as well as segregated balances.
e. It is allowable to fund prior year expenditures with current year revenues and/or fund balance as long as funded projects are included in the adopted current Five-Year Capital Improvement Program and accounting clearly identifies the project and other pertinent data to establish a clear audit trail.
f. If a project is deemed ineligible in the annual Compliance Audit, the Measure I funds used on that project must be repaid to the Special Measure I Transportation Sales Tax Fund in accordance with Policy VVLS-23.
Policy VVLS-20: Any interest earned on investment of Measure I Transportation Sales Tax Funds must be deposited in the Special Measure I Transportation Sales Tax Fund. Any jurisdiction not electing to invest its Measure I funds but at the same time investing most of its other available funds should deposit the Measure I funds in a separate account to clearly indicate that no such monies were invested. If Measure I Transportation Sales Tax funds are invested, they must receive their equitable proration of interest earned on the total funds invested. Several methods are available to determine an equitable distribution of interest earned. Whatever method is employed, it will be analyzed during audit to determine reasonableness and confirm distribution to the Special Measure I Transportation Sales Tax Fund. It is recommended that a distribution based on average month-end cash balances be employed. In addition, if the interest distribution methodology allows for negative distributions, they will be disallowed. No interest charges based on negative cash and fund balances will be allowed.
Policy VVLS-21: Reimbursements of Measure I Transportation Sales Tax Funds previously expended for street and road construction or right-of-way purposes, from whatever source, must be deposited in the Special Measure I Transportation Sales Tax Fund. This includes but is not limited to:
Federal Aid Urban projects
Redevelopment agencies
Cooperative agreements
Right-of-way dispositions
Federal and safety projects
Policy VVLS-22: Records
a. Source Documentation - On construction or purchase of right-of-way, all expenditures charged to the Measure I Transportation Sales Tax Fund must be supported by a warrant or other source document (invoice, requisition, time sheet, equipment rental charge, engineering plans, specifications and other pertinent data) clearly identifying the project and other pertinent data to establish a clear audit trail.
b. Retention Period - All source documents, together with the accounting records, are deemed to be the official records of the jurisdiction and must be retained by the jurisdiction for five (5) years.
Policy VVLS-23: Compliance Audit Deadline
A jurisdiction’s annual Compliance Audit must be completed within six (6) months after end of the jurisdiction’s fiscal year (Compliance Audit Deadline). SBCTA staff shall monitor the scheduling and progress of the audits to ensure prompt communication by the Auditor after information submittals by jurisdiction, and timely completion of the final MSI audit report. If a jurisdiction is not able to meet the information submittal deadlines set by the Auditor or the Compliance Audit Deadline due to unforeseen circumstances beyond its control, the jurisdiction may submit a request to SBCTA’s Executive Director no later than thirty days prior to the submittal deadline set by the Auditor or the Compliance Audit Deadline, whichever extension is required, and a two (2) month automatic extension will be granted. Any further requests for extensions of the Compliance Audit Deadline are subject to approval by the Board. The Board may approve further Compliance Audit Deadline extensions, if the Board finds: (1) the Compliance Audit was not completed timely for reasons outside of the jurisdiction’s control, such as federal, state, and GASB reporting requirements, or catastrophic events; or (2) it is in the best interests of SBCTA to grant the extension. SBCTA staff shall be responsible for requesting extensions related to Auditor performance.
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Policy VVLS-24 Remedies
a. If a jurisdiction’s annual Compliance Audit determines that the jurisdiction used Measure I Transportation Sales Tax Funds for ineligible expenses, the jurisdiction shall immediately repay the Measure I Transportation Sales Tax Fund in an equal amount through an internal fund transfer from another source. Repayment will include interest that would have been earned in the Measure I Transportation Sales Tax Fund from the time of ineligible expenditure to date of repayment.
b. If a jurisdiction’s annual Compliance Audit fails to be completed with an unmodified opinion by the Compliance Audit Deadline, which may be extended pursuant to Policy VVLS-23, the jurisdiction shall repay the Measure I Transportation Sales Tax Fund, in the amount of the Measure I Local Street Allocation for the fiscal year subject of annual Compliance Audit findings of unsubstantiated or questioned costs, immediately from another source through an internal fund transfer. Repayment will include interest that would have been earned in the Special Measure I Transportation Sales Tax Fund from the time of ineligible expenditure to date of repayment.
c. If the jurisdiction is unable to make such immediate repayment under VVLS-24 (a) or (b), the jurisdiction shall not receive its Local Street Allocation pass-through payments until the repayment amount of ineligible expenses, unsubstantiated costs, or questioned costs, have been withheld by SBCTA. Repayment will include interest that would have been earned in the Special Measure I Transportation Sales Tax Fund from the time of ineligible expenditure to date of repayment.
d. If the jurisdiction enters into a Repayment Agreement with SBCTA, as approved by the jurisdiction and the SBCTA Board of Directors, providing for repayment of the amounts owed under VVLS-24 (a) or (b) over a period not to exceed five (5) years, SBCTA will return any pass-through funds withheld. SBCTA will recommence withholding Local Street Allocation pass-through funds if the jurisdiction fails to comply with the terms of the Repayment Agreement.
G. Maintenance of Effort Requirements Policy VVLS-25: The SBCTA Board of Directors shall retain authority over actions related to these Maintenance of Effort (MOE) requirements.
Policy VVLS-26: In accordance with California Public Utilities Code 190300 and Ordinance No. 04-01 of the San Bernardino County Transportation Authority, Local Street Program funds shall not be used to supplant existing local discretionary funds being used for street and highway purposes.
Policy VVLS-27: SBCTA shall monitor local agency use of General Fund for street and highway purposes relative to their use prior to Measure I 2010-2040, which shall be referred to as the MOE base year level.
Policy VVLS-28: The following requirements are to provide guidance on the determination of a MOE base year level.
a. The MOE base year level shall be equivalent to the discretionary General Fund expenditures for transportation-related construction and maintenance activities consistent with Policy VVLS-16 in Fiscal Year 2008/2009.
b. Jurisdictions may propose deductions to the recorded expenditures for the following:
1) Expenditures for unusual circumstances that increased the MOE base year level arbitrarily outside of the normal on-going General Fund expenditures, e.g. General Fund loans to other transportation-related funds, emergency repairs, or special projects.
2) Administrative/overhead costs that were not project-specific, i.e. staff time for transportation staff was charged to a general “program” budget rather than charged directly to specific projects.
c. The proposed MOE base year level shall be adopted by resolution of the governing body.
d. The Independent Taxpayer Oversight Committee (ITOC) will review the proposed MOE base year levels, including the proposed deductions, as adopted by resolution of the governing body, and provide a recommendation to the SBCTA Board of Directors for approval.
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e. The MOE base year level as approved by the SBCTA Board of Directors shall remain in effect until the expiration of Measure I 2010-2040.
Policy VVLS-29: Jurisdictions shall annually provide a statement in the resolution of the governing body adopting the Five Year Capital Improvement Plan that acknowledges the jurisdiction will maintain General Fund expenditures for transportation-related construction and maintenance activities at the required MOE base year level in that fiscal year. Jurisdictions whose MOE base year level is determined to be $0 are not required to provide this statement in the resolution.
Policy VVLS-30: The MOE requirement shall be tracked and verified as part of the annual Measure I Local Street Program audit. This will be accomplished by comparing the discretionary General Fund expenditures for transportation-related construction and maintenance activities consistent with Policy VVLS-16 to the MOE base year level.
Policy VVLS-31: General Fund expenditures in excess of the MOE base year level will carry over to subsequent fiscal years and can be applied in a future year to offset the amount the local agency may need to meet the MOE requirement. Carryover balances will be documented in the annual Measure I Local Street Program audit.
Policy VVLS-32: If the annual Measure I Local Street Program audit indicates that the required MOE base level is not being met, then the jurisdiction has the following four fiscal years to make up the amount. If the audit following those four fiscal years indicates the jurisdiction is still below the MOE base year level, SBCTA will immediately stop disbursing Measure I Local Street Program funds until an amount equivalent to the MOE base year level shortfall has been withheld. The withheld funds will be disbursed to the jurisdiction upon demonstration that the jurisdiction has met the MOE requirements.
Policy VVLS-33: The following provides guidance on resolution of MOE base year level shortfalls at the expiration of Measure I 2010-2040.
a. If the jurisdiction has not resolved a MOE base year level shortfall within two years after the expiration of Measure I 2010-2040, any withheld funds will be distributed to other compliant jurisdictions within that subarea.
b. If any Measure I Local Street Program audit after Fiscal Year 2033/2034 indicates that the required MOE base year level was not met, then the jurisdiction has until Fiscal Year 2038/2039 to make up the amount. If the audit of Fiscal Year 2038/2039 indicates the jurisdiction is still below the MOE base level, the jurisdiction must pay the MOE base level shortfall to SBCTA for distribution to other compliant jurisdictions within that subarea.
Policy VVLS-34: Prior to withholding or required repayment of Measure I Local Street Program funds, jurisdictions shall have an opportunity to appeal to the ITOC. The jurisdiction must present evidence to the ITOC demonstrating unusual circumstances or the need for special consideration. The ITOC will be responsible for making a recommendation to the SBCTA Board of Directors to either approve or deny the request for special consideration.
V. REVISION HISTORY
Revision No.
Revisions Adopted
0 Adopted by the Board of Directors. 04/01/2009
1 Revisions adopted by the Board of Directors on Jan. 8, 2014, Agenda Item 14. 01/08/2014
2 Revisions adopted by the Board of Directors on May 6, 2014, Agenda Itms 6 & 18. 05/06/2015
3 Amended list of eligible expenses to be more consistent with the list of eligible expenses in the State Controller’s Office Gas Tax Fund Guidelines. Modified remedy language in Policy VVLS-24. BOD approved changes 9/6/17, Agenda Item 11.
9/6/2017
4 Addition of due date of Capital Improvement Plan in VVLS-2.
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San Bernardino County Transportation Authority Policy 40016
Adopted by the Board of Directors April 1, 2009 Revised 9/6/17
Rural Mountain/Desert Subareas Local Street Program (MDLS)
Measure I 2010-2040 Strategic Plan
Revision No.
3 4
Important Notice: A hardcopy of this document may not be the document currently in effect. The current version is always the version on the SBCTA Intranet.
Table of Contents | Purpose | References | Definitions | Policies for the Rural Mountain/Desert Subareas Local Street Program | Revision History |
I. PURPOSE The purpose of this policy is to establish requirements for the Local Street Programs for the Colorado River, Morongo Basin, Mountains, and North Desert subareas, including project eligibility, adoption of Five Year Plans by local jurisdictions, accounting requirements, and development mitigation requirements.
II. REFERENCES Ordinance No. 04-01 of the San Bernardino County Transportation Authority, Exhibit A – Transportation Expenditure Plan
SBCTA Congestion Management Program
III. DEFINITIONS Local Street Program: Measure I program in all subareas that provides funds through a pass-through mechanism directly to local jurisdictions for expenditure on street and road construction, repair, maintenance and other eligible local transportation priorities. Local Street Program funds can be used flexibly for any eligible transportation purpose determined to be a local priority, including Local Street, major highways, state highway improvements, freeway interchanges, transit, and other improvements/programs to maximize use of transportation facilities.
Allocation: An action by the SBCTA Board of Directors to assign a specific amount of Measure I funds from a Measure I program to a project. The allocation decision is made annually by the Board of Directors by March of each year. Allocation of Local Street Program funds occur monthly as a direct pass-through to local jurisdictions.
Five Year Plan: A plan of projected local jurisdiction expenditures for the next five years on Local Street Projects eligible for Local Street Program funds, updated annually and submitted to SBCTA by local jurisdictions.
Independent Taxpayer Oversight Committee: A “Mandated Taxpayer Safeguard” established by Ordinance 04-01 for Measure I 2010-2040 to provide citizen review and to ensure that all Measure I funds are spent in accordance with provisions of the Measure I Expenditure Plan and Ordinance.
Maintenance of Effort: The requirement that Measure I funding will supplement and not replace the existing local discretionary funding being used for street and highway purposes.
Maintenance of Effort Base Year Level: The amount of General Fund used for street and highway purposes in Fiscal Year 2008/2009 prior to Measure I 2010-2040 as adopted by the SBCTA Board of Directors.
IV. POLICIES FOR THE RURAL MOUNTAIN/DESERT SUBAREAS LOCAL STREET PROGRAM A. Local Street Allocation
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Policy MDLS-1: 70% of revenue collected in the Victor Valley subarea shall be apportioned for Local Street Projects. After reservation of 2% collected in the subarea for Project Development and Traffic Management Systems, each jurisdiction shall receive an allocation from 68% of the Measure I revenue. The allocation methodology is determined based on:
50% population. The population estimate for making the per capita calculation shall be determined by SBCTA each year based on the State Department of Finance population estimate. Annual adjustments to the population estimates are made mid-year, based on availability of DOF estimates. Following approval of the population estimates by the Board, adjustments will be made to the local pass through fund allocations retroactive to January 1 of the year.
50% return to source. The sales tax estimates provided by the State Board of Equalization, updated quarterly based on the prior quarter’s financial data, shall be used as the basis for making the return to source calculations.
Policy MDLS-2: Local jurisdictions shall not receive their Local Street allocation until they have submitted their annual update of their Five Year Plan. The due date to submit the Five Year Plan to SBCTA is September 1 of each year. If the Five Year Plan has not been received by the due date, the pass through payments will be withheld. All withheld pass through payments will be released upon receipt of the local jurisdiction governing body’s adopted Five Year Plan.
Policy MDLS-3: The Local Street Allocation shall be remitted to local jurisdictions monthly.
Policy MDLS-4: Local Street Allocations remitted from January 1 until such time as the State Department of Finance has issued their population figures and SBCTA has made the per capita calculation, shall be based on the prior year’s calculation. Once the per capita calculation has been made, the calculation will be applied retroactively to January 1 and amounts received by local jurisdictions will be adjusted to account for the difference in the amount remitted during the retroactive period and the amount that should have been remitted adjusted for the new per capita calculation.
Policy MDLS-5: Local Street Allocations sales tax generation portion will be based on the prior quarter’s data. Because of the lag in receiving sales tax data from the Board of Equalization, the Sales Tax Generation calculations for that portion of the Local Street Allocation will be calculated using the data from the prior quarter. (Example: During the months of January, February and March SBCTA will use the local sales tax generation figure derived from the fourth quarter of the previous calendar year.)
Policy MDLS-6: SBCTA will make the monthly allocations using the following procedure:
a. Determine total amount of Measure I Sales Tax generated in the subarea from information submitted by the State Board of Equalization.
b. Mutiply the total Measure I Sales Tax received for the month by 0.68 to arrive at the total subarea Local Street Allocation.
c. Divide the Local Street Program fund into two 50% pools of funding: Allocate the two pools of funding based on:
1) a jurisdiction’s population share of the entire subarea population.
2) jurisdiction’s share of sales tax generation within the total subarea.
d. Add the population based component and the sales tax based component of each jurisdiction’s allocation to arrive at the total Local Street Allocation for each jurisdiction.
e. Remit payment of Local Street Program fund to local jurisdiction.
Policy MDLS-7: Upon each jurisdiction in a particular subarea making a finding that an increase in Senior and Disabled Transit Service is needed to meet the unmet transit needs of senior and disabled users, the Local Street allocation may be reduced and that allocation may be shifted to the Senior and Disabled Transit Service Program for that subarea.
B. Development Fair Share Contribution Policy MDLS-8: Development mitigation for Local Street projects in the Rural Mountain/Desert is required by Measure I 2010-2040 for all capacity improvement projects for transportation facilities funded all or in part with Local Street Program allocations as identified by a Traffic Impact Analysis
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(TIA) report as required by the Congestion Management Program. The amount of the development mitigation for each project is defined by the traffic mitigation measures identified in the related TIA reports.
Policy MDLS-9: Annually as part of its audit of each jurisdictions’ use of Measure I funds, SBCTA will specifically look to make sure that the development mitigation towards capacity improvements identified in TIAs is accounted for. If a material finding is made in the audit showing that a contribution of development mitigation was not made as identified by a TIA, then SBCTA may, as the Congestion Management Authority, withhold Section 2105 Gas Tax funds or Measure I Local Street Allocations until the jurisdiction shows that they are in compliance with the Congestion Management Plan.
C. Five Year Plan Policy MDLS-10: Each local jurisdiction is required to annually adopt and submit to SBCTA by September 30 of each year a Five Year Capital Improvement Plan which details the specific projects to be funded using Measure I Local Pass-Through Funds. Expenditures of Measure I Local Pass Through Funds must be detailed in the Five Year Capital Improvement Plan and adopted by resolution of the governing body.
Policy MDLS-11: Five Year Capital Improvement Plans shall:
a. Specifically identify improvements to be funded all or in part with Measure I Local Street Program funds by street name, boundaries, and project type, subject to eligibility requirements listed in Section D below.
b. Constrain the total annual amount of planned expenditures to 150% of SBCTA’s forecasted revenue for Measure I Local Pass-Through Funds, revenue resulting from bonds secured by Measure I revenue, and remaining balances from previous year allocations.
c. Include no more than 50% of estimated annual new revenue to general program categories. Any carryover fund balance shall not be used for general program categories.
A general program category is defined as a pavement magement program, transportation system improvement, routine roadway maintenance, and other miscellaneous categorical expenditures in a program of work without any identified streets. If a line item in the Five Year Capital Improvement Plan includes a list of the streets to which it will apply, then it does not have to count as a general program category (i.e. a city-wide AC overlay program that lists the streets to be included in the program).
Policy MDLS-12: Any single project expenditure in excess of $100,000 must be listed as an individual project and not included in a general program category. A project is defined as an specific road improvement that is eligible to receive Measure I funding.
Policy MDLS-13: The Five Year Capital Improvement Plan shall be the basis for the annual audit. Jurisdictions will have flexibility in adding or deleting projects or moving funding between projects in their current Five Year Capital Improvement Plan based on the necessities of the jurisdiction. However, in order for a project to be eligible for expenditure of Local Street funds, a revised Capital Improvement Plan adopted by resolution of the governing body is required and must be provided to SBCTA by June 30th of each fiscal year if the project list has been changed. If the Capital Improvement Plan is not modified to reflect the changes, an audit finding will result. If the audit finding is not corrected, the project will not be eligible for expenditures of Local Street funds.
D. Eligible Expenditures Policy MDLS-14: Eligible expenditures include construction, maintenance, and overhead for transportation related purposes only. Included below are definitions and types of eligible expenditures by category.
a Construction shall be defined as the building or rebuilding of streets, roads, bridges, and acquisition of rights-ofway or their component parts to a degree that improved traffic service is provided and geometric or structural improvements are effected including allocated administration and engineering necessarily incurred and directly related to the above.
b. Construction work includes four categories:
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1) New Construction—A construction that substantially deviates from the existing alignment and provides for an entirely new street or roadbed for the greater parts of its length.
2) Reconstruction—A construction involving realignment or the use of standards well above those of the existing element, whereby the type or the geometric and structural features are significantly changed.
3) Preventative Maintenance— Includes, but is not limited to, roadway activities such as joint and shoulder rehabilitation, heater re-mix, seal coats, corrective grinding of PCC pavement, and restoration of drainage systems.
4) 3R Work— All other work that does not fall into the above defined categories for new construction, reconstruction, or preventative maintenance and typically involves the improvement of highway pavement surfaces through resurfacing, restoration, or rehabilitation. It is generally regarded as heavy, non-routine maintenance designed to achieve a ten-year service life. Specifically, 3R Work is defined as the following:
• Resurfacing generally consists of placing additional asphalt concrete over a structurally sound highway, street, or bridge that needs treatment to extend its useful service life.
• Restoration means returning a road, street, structure, or collateral facility to the condition existing after original construction.
• Rehabilitation implies providing some betterments, such as upgrading guardrail or widening shoulders.
c. Examples of construction expenditures:
Additions
1) Addition of a frontage street or road.
2) Addition of auxiliary lanes such as speed change, storage, or climbing lanes.
Barriers
3) Earthwork protective structures within or adjacent to the right-of-way area.
4) Extensions and new installation of walls.
5) Replacement of retaining walls to a higher standard.
6) Extension or new installation of guardrails, fences, raised medians or barriers for traffic safety.
Bikeways
7) Construction of bikeways when they are an integral part of the Public Streets and Highways System.
8) Construction of bicycle or pedestrian underpasses or overhead crossing for the general public use.
Bridges
9) Reconstruction of an existing bridge or installation of a new bridge.
10) Widening of a bridge.
11) Replacement of bridge rails and floors to a higher standard.
Curbs, etc.
12) Installations or extensions of curb, gutter, sidewalks or underdrain, (including improvements to handicap ramps to make them ADA compliant).
Drainage
13) Complete reconstruction or addition to a culvert.
14) Extending old culverts and drains and replacing headwalls.
Interagency projects
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15) Measure I funds can be expended for road improvements within an adjoining jurisdiction as long as the improvements are made within the County of San Bernardino.
16) Road improvements and maintenance upon a state highway as long as the appropriate agreement with Caltrans is in place.
17) Maintenance or construction on alleys that have been formally accepted into the city or county street system.
18) Development of facilities associated with Metrolink commuter rail operations that are determined to be a local responsibility.
Landscaping
19) Installation or addition to landscape treatment such as sod, shrubs, trees, irrigation, etc.
20) Purchase of land for “greenbelt” if needed to mitigate the environmental impact of a street or road construction project.
Layout
21) Change of alignment, profile, and cross-section.
22) Reconstruction of an intersection and its approximate approaches to a substantially higher type involving a change in its character and layout including changes from a plain intersection to a major channelized intersection or to grade separation and ramps.
Lighting
23) Installation, replacement or expansion of street or road lighting system.
Planning and Design
24) Project development and planning studies and design for eligible transportation projects
25) Expenses incurred in attending or participating in transportation and traffic engineering sponsored programs conducted for street or road purposes.
26) Engineering review of plans for construction of Valley Measure I Major Projects.
Relocation
27) Removal of old street and roadbeds and structures, and detour costs when connected with a construction project.
28) Replacement in kind, when legally required, of structures which are required to be relocated for street and road purposes.
Signs and signals
29) Installation of original traffic signs and markers on routes.
30) Replacement of all major signs or traffic control devices on a street or road.
31) The installation of a new sign or the replacement of an old sign with one of equal or superior design such as increased size, illumination, or overhead installations.
32) Installation or improvement of traffic signal controls at intersections and protective devices at railroad grade crossings.
33) Purchase and installation of traffic signal control equipment including traffic actuated equipment, radio or other remote control devices and related computers, software and that portion of preemption equipment not mounted on motor vehicles.
Striping
34) Painting or rearrangement of pavement striping and markings, or repainting to a higher standard.
Surface work
35) Original surfacing of shoulders.
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36) Improvement of a surface to a higher type.
37) Placing sufficient new material on soil surface, gravel street or road to substantially improve the quality of the original surface.
38) Bituminous material of 1" or more placed on bituminous or concrete material. A lesser thickness may be considered construction provided the engineer shall certify that the resulting pavement is structurally adequate to serve anticipated traffic.
39) Remix existing bituminous surfacing with added materials to provide a total thickness of 1" or more. A lesser thickness may be considered construction provided the engineer shall certify that the resulting pavement is structurally adequate to serve anticipated traffic.
40) Stabilization of street or road base by additive, such as cement, lime or asphaltic material.
Widening
41) Widening of existing street, roadbed or pavement, with or without resurfacing.
42) Resurfacing, stabilizing or widening of shoulders including necessary connections to side streets or road approaches.
Other eligible expenditures
43) Matching funds to federal or state contributions to a roadway project.
44) Park and ride facilities.
d. Maintenance shall be defined as the preservation and upkeep of a street or road to its constructed condition and the operation of a street or road facility and its integral services to provide safe, convenient and economical highway transportation. Physical Maintenance is the preservation and upkeep of a highway, including all of its elements, in as nearly as practicable to its original condition or its subsequently improved condition, including development of a pavement management program. Traffic Services Maintenance is the operation of a highway facility and services incidental thereto, to provide safe, convenient and economical travel.
e. Examples of maintenance include:
1) Scarifying, reshaping and restoring material losses.
2) Applying dust palliatives.
3) Patching, repairing, surface treating, and joint filling on bituminous or concrete surfaces.
4) Jacking concrete pavements.
5) Repairing traveled way and shoulders.
6) Adding bituminous material of less than 1" added to bituminous material including seal coats.
7) Remix existing bituminous surfacing with added materials to provide a total thickness of less than 1". (See exception under Construction, example 38.)
8) Patching operations including base restoration.
9) Resealing street or road shoulders and side street and road approaches.
10) Reseeding and resodding shoulders and approaches.
11) Reshaping of drainage channels and side slopes.
12) Restoring erosion controls.
13) Cleaning culverts and drains.
14) Removing slides and restoring facilities damaged by slides. (Additional new facilities shall be considered construction.)
15) Mowing, tree trimming and watering within street/road right-of-way.
16) Replacing top soil, sod, shrubs, trees, irrigation facilities, etc. on street and roadside.
17) Repairing curb, gutter, rip-rap, underdrain, culverts and drains.
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18) Cleaning, painting and repairing bridges and structures.
19) Performing all snow control operations such as the erection of snow fences and the actual removal of snow and ice from the traveled way.
20) Repainting pavements, striping and markings.
21) Repainting and repairing of signs, guardrails, traffic signals, lighting standards, etc.
22) Adding small numbers of convential traffic control devices including signs.
23) Servicing street or road lighting and traffic control devices.
24) Furnishing power for street and road lighting and traffic control devices.
25) Developing and maintaining programs that enhance management of transportation facilities such as travel demand models and pavement management programs.
26) Purchase of street-related equipment used exclusively for road maintenance.
27) Purchase of rubberized railroad grade crossing material for repair of grade crossings.
f. Overhead shall be defined as those elements of cost necessary in the production of an article or performance of a service which are of such a nature that the amount applicable to the functions are not readily discernible. Usually they relate to those objects of expenditure which do not become an integral part of the finished product or service. Examples of overhead components are shown below and are comprised of costs which cannot be identified or charged to a project, unless an arbitrary allocation basis is used. Overhead will only be allowed via an approved cost allocation plan or an equitable and auditable distribution of overhead among all departments.
1) Payroll
2) Personnel
3) Procurement
4) Advertising
5) Legal Costs
6) General Government
7) General accounting/finance
8) Departmental accounting/Finance
9) Facilities
10) Data processing
11) Top Management
12) Bids
E. Ineligible Expenditures Policy MDLS-15: Although many types of work may be referred to as "construction," this does not make these costs automatically eligible for expenditures of Measure I funds. To be eligible, the work must be for street and road purposes.
a. Following is a list of the types of expenditures that are not eligible for financing with Measure funds:
1) Costs of rearranging non-street or road facilities, including utility relocation, when not a legal road or street obligation.
2) New (first installation of) utilities, including water mains, sanitary sewers and other nonstreet facilities.
3) Costs of leasing property or right-of-way, except when required for construction work purposes on a temporary basis.
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4) Costs of constructing or improving a street or area for parking purposes, except for the width normally required for parking adjacent to the traveled way and within the right-of-way, or when off-street parking facilities are constructed in lieu of widening a street to improve the flow of traffic.
5) Decorative lighting.
6) Park features such as benches, playground equipment, and rest rooms.
7) Work outside the right-of-way which is not a specific right-of-way obligation.
8) Equestrian under and overpasses or other similar structures for any other special interest group unless as a part of a right-of-way obligation.
9) Construction, installation or maintenance of cattle guards.
10) Acquisition of buses or other mass transit vehicles or maintenance and operating costs for mass transit power systems or passenger facilities, other than to specifically serve senior and disabled persons. (Passenger facilities include but are not limited to bus benches, shelters, and bus stop signs, or equipment and services.)
11) Maintenance or construction on alleys that have not been formally designated as part of the designated street and road system.
12) Non-street related salaries and benefits.
13) Driveways outside of the street and road right-of-way.
14) Purchase of electronic speed control devices or other non-highway related equipment.
15) Roadway telephone emergency system.
16) Interest charged for non-highway purposes.
17) Debt service payments for non-voter-approved bonds (or Certificate of Participation (COPs)).
18) Grantwriting consultant fees.
F. Accounting Requirements Policy MDLS-16: Each local jurisdiction shall establish a Special Measure I 2010-2040 Transportation Sales Tax Fund. This fund is a special revenue fund utilized to account for proceeds of specific revenue sources that are legally restricted to expenditures for street purposes. Jurisdictions should use the modified accrual basis of accounting.
Policy MDLS-17: The following requirements are to provide guidance on the specific accounting treatment as it relates to the Special Measure I Transportation Sales Tax Fund.
a. All allocations shall be deposited directly into the Special Measure I Transportation Sales Tax Fund.
b. Interest received by a jurisdiction from the investment of money in its Special Measure I Sales Tax Fund shall be deposited in the fund and shall be used only for street and road purposes.
c. Segregation must be maintained within the Special Measure I Transportation Sales Tax Fund to show separate balances for each subarea (County only).
d. If other revenues are commingled in the Special Measure I Transportation Sales Tax Fund, it is the responsibility of the jurisdiction to provide accurate and adequate documentation to support revenue and expenditure allocation, as well as segregated balances.
e. It is allowable to fund prior year expenditures with current year revenues and/or fund balance as long as funded projects are included in the adopted current Five-Year Capital Improvement Program and accounting clearly identifies the project and other pertinent data to establish a clear audit trail.
f. If a project is deemed ineligible in the annual Compliance Audit, the Measure I funds used on that project must be repaid to the Special Measure I Transportation Sales Tax Fund in accordance with Policy MDLS-21.
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Policy MDLS-18: Any interest earned on investment of Measure I Transportation Sales Tax Funds must be deposited in the Special Measure I Transportation Sales Tax Fund. Any jurisdiction not electing to invest its Measure I funds but at the same time investing most of its other available funds should deposit the Measure I funds in a separate account to clearly indicate that no such monies were invested. If Measure I Transportation Sales Tax funds are invested, they must receive their equitable proration of interest earned on the total funds invested. Several methods are available to determine an equitable distribution of interest earned. Whatever method is employed, it will be analyzed during audit to determine reasonableness and confirm distribution to the Special Measure I Transportation Sales Tax Fund. It is recommended that a distribution based on average monthend cash balances be employed. In addition, if the interest distribution methodology allows for negative distributions, they will be disallowed. No interest charges based on negative cash and fund balances will be allowed.
Policy MDLS-19: Reimbursements of Measure I Transportation Sales Tax Funds previously expended for street and road construction or right-of-way purposes, from whatever source, must be deposited in the Special Measure I Transportation Sales Tax Fund. This includes but is not limited to:
Federal Aid Urban projects
Redevelopment agencies
Cooperative agreements
Right-of-way dispositions
Federal and safety projects
Policy MDLS-20: Records
a. Source Documentation - On construction or purchase of right-of-way, all expenditures charged to the Measure I Transportation Sales Tax Fund must be supported by a warrant or other source document (invoice, requisition, time sheet, equipment rental charge, engineering plans, specifications and other pertinent data) clearly identifying the project and other pertinent data to establish a clear audit trail.
b. Retention Period - All source documents, together with the accounting records, are deemed to be the official records of the jurisdiction and must be retained by the jurisdiction for five (5) years.
Policy MDLS-21: Compliance Audit Deadline A jurisdiction’s annual Compliance Audit must be completed within six (6) months after end of the jurisdiction’s fiscal year (Compliance Audit Deadline). SBCTA staff shall monitor the scheduling and progress of the audits to ensure prompt communication by the Auditor after information submittals by jurisdiction, and timely completion of the final MSI audit report. If a jurisdiction is not able to meet the information submittal deadlines set by the Auditor or the Compliance Audit Deadline due to unforeseen circumstances beyond its control, the jurisdiction may submit a request to SBCTA’s Executive Director no later than thirty days prior to the submittal deadline set by the Auditor or the Compliance Audit Deadline, whichever extension is required, and a two (2) month automatic extension will be granted. Any further requests for extensions of the Compliance Audit Deadline are subject to approval by the Board. The Board may approve further Compliance Audit Deadline extensions, if the Board finds: (1) the Compliance Audit was not completed timely for reasons outside of the jurisdiction’s control, such as federal, state, and GASB reporting requirements, or catastrophic events; or (2) it is in the best interests of SBCTA to grant the extension. SBCTA staff shall be responsible for requesting extensions related to Auditor performance.
Policy MDLS-22 Remedies a. If a jurisdiction’s annual Compliance Audit determines that the jurisdiction used Measure I
Transportation Sales Tax Funds for ineligible expenses, the jurisdiction shall immediately repay the Measure I Transportation Sales Tax Fund in an equal amount through an internal fund transfer from another source. Repayment will include interest that would have been earned in the Measure I Transportation Sales Tax Fund from the time of ineligible expenditure to date of repayment.
b. If a jurisdiction’s annual Compliance Audit fails to be completed with an unmodified opinion by the Compliance Audit Deadline, which may be extended pursuant to Policy MDLS-21, the jurisdiction shall repay the Measure I Transportation Sales Tax Fund, in the amount of the Measure I Local Street Allocation for the fiscal year subject of annual Compliance Audit findings of
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unsubstantiated or questioned costs, immediately from another source through an internal fund transfer. Repayment will include interest that would have been earned in the Special Measure I Transportation Sales Tax Fund from the time of ineligible expenditure to date of repayment.
c. If the jurisdiction is unable to make such immediate repayment under MDLS-22 (a) or (b), the jurisdiction shall not receive its Local Street Allocation pass-through payments until the repayment amount of ineligible expenses, unsubstantiated costs, or questioned costs, have been withheld by SBCTA. Repayment will include interest that would have been earned in the Special Measure I Transportation Sales Tax Fund from the time of ineligible expenditure to date of repayment.
d. If the jurisdiction enters into a Repayment Agreement with SBCTA, as approved by the
jurisdiction and the SBCTA Board of Directors, providing for repayment of the amounts owed under MDLS-22 (a) or (b) over a period not to exceed five (5) years, SBCTA will return any pass-through funds withheld. SBCTA will recommence withholding Local Street Allocation pass-through funds if the jurisdiction fails to comply with the terms of the Repayment Agreement.
G. Maintenance of Effort Requirements Policy MDLS-23: The SBCTA Board of Directors shall retain authority over actions related to these Maintenance of Effort (MOE) requirements.
Policy MDLS-24: In accordance with California Public Utilities Code 190300 and Ordinance No. 04-01 of the San Bernardino County Transportation Authority, Local Street Program funds shall not be used to supplant existing local discretionary funds being used for street and highway purposes.
Policy MDLS-25: SBCTA shall monitor local agency use of General Fund for street and highway purposes relative to their use prior to Measure I 2010-2040, which shall be referred to as the MOE base year level.
Policy MDLS-26: The following requirements are to provide guidance on the determination of a MOE base year level.
a. The MOE base year level shall be equivalent to the discretionary General Fund expenditures for transportation-related construction and maintenance activities consistent with Policy MDLS-14 in Fiscal Year 2008/2009.
b. Jurisdictions may propose deductions to the recorded expenditures for the following:
1)Expenditures for unusual circumstances that increased the MOE base year level arbitrarily outside of the normal on-going General Fund expenditures, e.g. General Fund loans to other transportation-related funds, emergency repairs, or special projects.
2) Administrative/overhead costs that were not project-specific, i.e. staff time for transportation staff was charged to a general “program” budget rather than charged directly to specific projects.
c. The proposed MOE base year level shall be adopted by resolution of the governing body.
d. The Independent Taxpayer Oversight Committee (ITOC) will review the proposed MOE base year levels, including the proposed deductions, as adopted by resolution of the governing body, and provide a recommendation to the SBCTA Board of Directors for approval.
e. The MOE base year level as approved by the SBCTA Board of Directors shall remain in effect until the expiration of Measure I 2010-2040.
Policy MDLS-27: Jurisdictions shall annually provide a statement in the resolution of the governing body adopting the Five Year Capital Improvement Plan that acknowledges the jurisdiction will maintain General Fund expenditures for transportation-related construction and maintenance activities at the required MOE base year level in that fiscal year. Jurisdictions whose MOE base year level is determined to be $0 are not required to provide this statement in the resolution.
Policy MDLS-28: The MOE requirement shall be tracked and verified as part of the annual Measure I Local Street Program audit. This will be accomplished by comparing the discretionary General Fund expenditures for transportation-related construction and maintenance activities consistent with Policy MDLS-14 to the MOE base year level.
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Policy MDLS-29: General Fund expenditures in excess of the MOE base year level will carry over to subsequent fiscal years and can be applied in a future year to offset the amount the local agency may need to meet the MOE requirement. Carryover balances will be documented in the annual Measure I Local Street Program audit.
Policy MDLS-30: If the annual Measure I Local Street Program audit indicates that the required MOE base level is not being met, then the jurisdiction has the following four fiscal years to make up the amount. If the audit following those four fiscal years indicates the jurisdiction is still below the MOE base year level, SBCTA will immediately stop disbursing Measure I Local Street Program funds until an amount equivalent to the MOE base year level shortfall has been withheld. The withheld funds will be disbursed to the jurisdiction upon demonstration that the jurisdiction has met the MOE requirements.
Policy MDLS-31: The following provides guidance on resolution of MOE base year level shortfalls at the expiration of Measure I 2010-2040.
a. If the jurisdiction has not resolved a MOE base year level shortfall within two years after the expiration of Measure I 2010-2040, any withheld funds will be distributed to other compliant jurisdictions within that subarea.
b. If any Measure I Local Street Program audit after Fiscal Year 2033/2034 indicates that the required MOE base year level was not met, then the jurisdiction has until Fiscal Year 2038/2039 to make up the amount. If the audit of Fiscal Year 2038/2039 indicates the jurisdiction is still below the MOE base level, the jurisdiction must pay the MOE base level shortfall to SBCTA for distribution to other compliant jurisdictions within that subarea.
Policy MDLS-32: Prior to withholding or required repayment of Measure I Local Street Program funds, jurisdictions shall have an opportunity to appeal to the ITOC. The jurisdiction must present evidence to the ITOC demonstrating unusal circumstances or the need for special consideration. The ITOC will be responsible for making a recommendation to the SBCTA Board of Directors to either approve or deny the request for special consideration.
V. REVISION HISTORY
Revision No.
Revisions Adopted
0 Adopted by the Board of Directors. 04/01/2009
1 Revisions adopted by the Board of Directors on January 8, 2014, Agenda Item14. 01/08/2014
2 Revisions adopted by the Board of Directors on May 6, 2015, Agenda Items 6 & 18. 05/06/2015
3 Amended list of eligible expenses to be more consistent with the list of eligible expenses in the State Controller’s Office Gas Tax Fund Guidelines. Modified remedy language in Policy MDLS-22. Approved by the BOD 9/6/17, Agenda Item 11.
09/06/2017
4 Addition of due date of Capital Improvement Plan in MDLS-2.
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Entity: San Bernardino County Transportation Authority
Minute Action
AGENDA ITEM: 13
Date: June 13, 2018
Subject:
Measure I 2018 Population Estimates
Recommendation:
That the General Policy Committee recommend the Board, acting as the San Bernardino County
Transportation Authority, adopt the 2018 Population Estimates in Attachment B for use in the
allocation of Measure I Local Street Program Funds.
Background:
Allocation of revenue authorized by Ordinance No. 04-01 is estimated within the Transportation
Expenditure Plan, but funds are allocated by percentage of the actual revenue received.
Population estimates for the cities and unincorporated territory within each Measure I Subarea
are used in the allocation of Measure I Local Street Program funds, commonly referred to as
local pass-through funds. The Valley distribution formula for local pass-through funds is based
strictly upon population, while the Mountain/Desert formula contains both population and point
of generation components as detailed below:
San Bernardino Valley Subarea Expenditure Plan, Section F “Local Street Projects” states:
“Allocations to local jurisdictions shall be on a per capita basis using the most recent
State Department of Finance population estimates for January 1, with the County’s portion based
upon unincorporated population in the Valley Subarea. Estimates of unincorporated population
within the Valley Subarea shall be determined by the County Planning Department, reconciled
with the State Department of Finance population estimate for January 1 of each year.”
Mountain/Desert Expenditure Plan, Section C “Local Street Projects” Paragraph 2 states:
“…funds in the general Local Street Projects category shall be allocated to local jurisdictions
based upon population (50 percent) and tax generation (50 percent). Population calculations
shall be based upon the most current State Department of Finance estimates for January 1 of each
year. Estimates of unincorporated population within each subarea shall be determined by the
County Planning Department, reconciled with the State Department of Finance population
estimates. Tax generation calculations shall be based upon State Board of Equalization data.”
The formulas are updated annually using the State Department of Finance (DOF) population
estimates as of January 1 of each year. The DOF estimating process begins with a county
estimate that is produced by using customary demographic data inputs (births, deaths, school
enrollment, administrative data, etc.) and applying standard demographic methodology.
Growth or decline at the local level (city/unincorporated area) is estimated using data collected
from local jurisdictions, mainly housing unit change and annexations, and group quarters
changes (college dorms, prisons, military barracks) collected from a variety of government
agencies and educational segments. That local estimate is then aligned to the county-level figure
which is based on changes in annual counts for births, deaths, school enrollment, migration,
medical care enrollment data, and group quarters population. Once DOF has the data necessary
to produce the annual sub-county report, the DOF timeframe for actually calculating and
producing the estimates is very limited due to the timing of the data collection (as it becomes
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General Policy Committee Agenda Item
June 13, 2018
Page 2
San Bernardino County Transportation Authority
available) and the statutory deadline that they are under. Further information from the DOF
website is included as Attachment A to this agenda item.
According to DOF, local agencies that have comments or feedback pertaining to a population
estimate are encouraged to first contact their planning department, building department or
community development department locally to express their concerns. The housing unit changes
that drive population estimates locally come directly from a survey completed by local planning,
building and community development departments. In the event that a number of housing units
were not reported by the local jurisdiction, DOF can revise a previous year to include those units
given the proper documentation. This may result in a higher population for a previous year but
does not directly impact current year transportation sales tax funds to the jurisdiction for the
current year.
The San Bernardino County Demographic Research Unit takes the DOF estimates and
disaggregates the unincorporated population by Measure I Subarea based on building permit
activity. Urban areas are defined by Caltrans Urban Area Boundaries within the unincorporated
areas. Both are controlled to the DOF Unincorporated total.
The January 1, 2018, population estimates are recommended for approval and use in allocation
of Measure I Local Street Program funds. Both the 2018 population estimates (Attachment B)
and the 2017 population estimates (Attachment C) are attached to this agenda item for
comparison purposes. As there were only minor fluctuations in the population statistics,
there should be no significant shift in Measure I fund allocations related to population.
The distribution of Measure I funds will be adjusted retroactively to January 1, 2018, to reflect
each jurisdiction’s relative proportion of population within the Measure I Subarea.
This item has no direct impact on the San Bernardino County Transportation Authority’s budget.
The adopted population estimates are incorporated into the allocation formula for distribution to
local jurisdictions. It should be noted that the population estimates are also used in the
apportionment of the Local Transportation Fund, the State Transit Assistance Fund, the
Federal Transit Administration Section 5311 Rural Grants, and in the determination of equitable
shares between subareas of certain State and Federal funds.
Financial Impact:
This item is consistent with the Fiscal Year 2018/2019 Budget.
Reviewed By:
This item is not scheduled for review by any other policy committee or technical advisory
committee.
Responsible Staff:
Ellen Pollema, Management Analyst II
Approved
General Policy Committee
Date: June 13, 2018
Witnessed By:
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Attachment A
Department of Finance Population Estimate Methodology
Source: State of California, Department of Finance, May 1, 2018.
California added 309,000 residents in 2017 to bring the State’s total population as of January 1st to 39,810,000.
Last year’s 0.78-percent growth rate compares to the 0.86-percent annualized growth rate since the 2010 Census. Chino Hills was the fastest growing city with a population over 30,000, with a 4.60-percent growth.
The population estimates are produced annually by the Department of Finance for use by local areas to calculate their annual apportions limit. The State Controller’s Office uses Finance’s estimates to update their population figures for distribution of state subventions to cities and counties, and to comply with various state codes. Additionally, estimates are used for research and planning purposes by federal, state, and local agencies, the academic community, and the private sector.
Changes to the housing stock are used in the preparation of the annual city population estimates. Estimated occupancy of housing units and the number of persons per household further determine population levels. Changes in city housing stock result from new construction, demolitions, housing unit conversions, and annexations. The sub-county population estimates are then adjusted to be consistent with independently produced county estimates.
Related population reports are available on the Department’s website: http://www.dof.ca.gov/research/demographic
POPULATION CHANGE MODELING
The state and county population are independently estimated using population change models benchmarked on official decennial census counts. The state population is estimated using the Driver License Address Change method. County population proportions are estimated using the average of three separately estimated sets of proportions. The final distribution of proportions is applied to the independently estimated state control.
State Estimate. The state population is estimated using the Driver License Address Change (DLAC) Method. This composite method separately estimates the population under age 18, 18 through 64, and 65 years and older. Administrative records such as births, deaths, driver license address changes, tax return data, Medicare and Medi-Cal enrollment, immigration reports, elementary school enrollments, and group quarters population are among the data used in this method. All data used to develop these estimates are in summary tables and do not reveal the identity of any individual.
County Estimates. Most of county populations estimates result from averaging the first three methods below. We use one of these methods: Housing Unit Method, Vital Statistics Method, or DLAC Method, in 13 counties with 65,000 populations or less.
DLAC Method. A modified version of the state Driver License Address Change (DLAC) method is used for counties. County proportions of the state total result from changes in county population values for births, deaths, school enrollment, foreign and domestic migration, medical aid enrollments, and group quarters population.
Ratio-Correlation Method. This method models change in household population as a function of changes in the distributions of driver licenses, school enrollments, and housing units. Estimates of county group quarters are added.
Tax Return Method. County proportions are derived by the U.S. Census Bureau using matched federal income tax returns to estimate inter-county migration along with vital statistics, group quarters, and other information for the population aged 65 and over.
Housing Unit Method (HUM). Vacancy rate data from the 2010 census is applied. Assuming the average number of persons in households remains unchanged from Census 2010, county populations are then calculated from estimated counts for the household and group quarter’s population data.
Vital Statistics Method. County population estimates result from changes in county population values for births, deaths, and group quarters population.
METHODOLOGY
City and Unincorporated Area Estimates. The HUM is used to estimate total and occupied housing units, household size, household population, and group quarters population. Housing units are estimated by adding new construction and annexations and subtracting demolitions, and adjusting for units lost or gained by conversions. Annual housing unit change data are supplied by local jurisdictions and the U.S. Census Bureau. Occupied housing units are estimated by applying a derived civilian vacancy rate, based on 2010 benchmark data, to the estimated civilian housing units. Adjustments to census vacancy rates are made periodically. Exact data on foreclosures or other housing market indicatorsare not available to adjust vacancy rates. Military occupied housing units are added to civilian occupied housing units to calculate total occupied housing units. Military surveys are used to track military changes including base realignments and closures. Household population estimates are derived by multiplying the number of occupied housing units by the current persons per household. The persons per household estimates are based on 2010 census benchmark data and are adjusted by raking the current county population series into these estimates. The group quarters population is based on the Census Bureau’s 2010 SF1 File counts on group quarters and annually adjusted using reported changes for group quarters by state, federal, and local agencies. The household and group quarters populations are summed to produce the initial city population estimates. These estimates are aligned to the county estimates described below.
County Estimates. County population estimates were developed using three separate methods.
County Driver License Address Change (DLAC) Method. A modified version of the state DLAC method is used for counties. County-level estimated population results from changes in annual counts for births, deaths, school enrollment, foreign and domestic migration, medical care enrollment data for the population 65 and over, and group quarters population.
Ratio-Correlation Method. This method models change in household population as a function of changes in the distributions of births, deaths, driver licenses, public elementary school enrollment, labor force, and county housing unit counts. Estimates of county group quarters are added.
Administrative Records (ADREC) Method. County population estimates are derived using the U.S. Census Bureau ADREC Method, which are updated from their most recent estimates series and the Demographic Research Unit’s (DRU) own estimated half-year migration data along with the most recent vital statistics (from the California Department of Public Health) and group quarters data obtained from several state and local sources. The DRU’s half-year migration data are calculated using the percentage of change in net migration in two consecutive years.
DATA CONSIDERATIONS
Sources. Data used in estimation models come from administrative records of numerous state and federal
departments and agencies. Timeliness and coverage in these series vary. Corrections, adjustments or estimates may be made while preparing the estimates.
Data used in estimation models come from administrative records of several state and federal government departments and agencies, and from the local jurisdictions for which Finance produces population estimates. Because timeliness and coverage in these series vary, corrections, smoothing, and other adjustments may be applied. Changes to 2010 Summary File 1 data in the classification of student housing on or near campus was necessary to remain consistent with the census group quarters definition. In only a few instances, some student housing (residence hall and apartment units) counted as household population in the census was redefined as
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group quarters student housing population. College dorm group quarters population is defined as student population living in residence halls and apartment units located on or near college campuses.
Accuracy. In general, estimates become less precise as the time from the last census increases. Data and models used to produce population estimates are subject to both measurement and non-measurement errors. This results in imperfect correlation between the data used to estimate the population and actual population change. The data and estimating models have been thoroughly tested with decennial census results that provide benchmarks for the estimates series. Data and methods are further refined and modified throughout the decade.
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MI Population Est 2018-SBCo
MEASURE I 2018 POPULATION SUMMARY PREPARED BY SAN BERNARDINO COUNTY PLANNING
(1) PERCENT PERCENT OFPLANNING DOF/CO (2) 2018 OF COUNTY
MEASURE I 2018 POPULATION SUMMARY PREPARED BY SAN BERNARDINO COUNTY PLANNING
(1) PERCENT PERCENT OFPLANNING DOF/CO (2) 2018 OF COUNTY
REGION 2018 ADJUSTMENT TOTAL SUBAREA TOTAL
SUMMARY:
TOTAL INCORPORATED 1,863,279 1,863,279 85.670%
TOTAL UNINCORPORATED 311,659 311,659 14.330%
TOTAL COUNTY 2,174,938 2,174,938 100.000%
(1) - CITY FIGURES FROM DOF JANUARY 1, 2018 ESTIMATES; UNINCORPORATED FIGURES FROM PLANNING DEPARTMENT ESTIMATES CONTROLLED TO DOF UNINCORPORATED TOTAL.(2) - THIS COLUMN CONTAINS ADJUSTMENTS NECESSARY TO MODIFY CITY TOTALS AS SPECIFIED IN MEASURE I.(3) - THE WRIGHTWOOD COMMUNITY AND AREAS NORTH OF LONE PINE CANYON ROAD WERE EXCLUDED FROM THE MOUNTAIN AREA AND INCLUDED IN THE VICTOR VALLEY AS SPECIFIED IN MEASURE I.(4) - THE POPULATED PORTIONS OF THE TWENTYNINE PALMS MARINE BASE HAVE BEEN ANNEXED BY THE CITY OF TWENTYNINE PALMS.(5) - WITH THE CLOSING OF GEORGE AIR FORCE BASE, THERE IS NO LONGER AN ALLOCATION OF POPULATION TO THE CITIES IN THE VICTOR VALLEY.(6) - UNINCORPORATED URBAN FIGURES FROM PLANNING DEPARTMENT ESTIMATES CONTROLLED TO DOF UNINCORPORATED TOTALS AND CALTRANS URBAN AREA BOUNDARIES.(7) - UNINCORPORATED RURAL FIGURES FROM PLANNING DEPARTMENT ESTIMATES CONTROLLED TO DOF UNINCORPORATED TOTALS AND BASED ON AREAS OUTSIDE THE CALTRANS URBAN AREA BOUNDARIE
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Measure I PopulationEst2017-SBCo
MEASURE I 2017 POPULATION SUMMARY PREPARED BY SAN BERNARDINO COUNTY PLANNING
(1) PERCENT PERCENT OFPLANNING DOF/CO (2) 2017 OF COUNTY
MEASURE I 2017 POPULATION SUMMARY PREPARED BY SAN BERNARDINO COUNTY PLANNING
(1) PERCENT PERCENT OFPLANNING DOF/CO (2) 2017 OF COUNTY
REGION 2017 ADJUSTMENT TOTAL SUBAREA TOTAL
SUMMARY:
TOTAL INCORPORATED 1,851,350 1,851,350 85.700%
TOTAL UNINCORPORATED 308,906 308,906 14.300%
TOTAL COUNTY 2,160,256 2,160,256 100.000%
(1) - CITY FIGURES FROM DOF JANUARY 1, 2017 ESTIMATES; UNINCORPORATED FIGURES FROM PLANNING DEPARTMENT ESTIMATES CONTROLLED TO DOF UNINCORPORATED TOTAL.(2) - THIS COLUMN CONTAINS ADJUSTMENTS NECESSARY TO MODIFY CITY TOTALS AS SPECIFIED IN MEASURE I.(3) - THE WRIGHTWOOD COMMUNITY AND AREAS NORTH OF LONE PINE CANYON ROAD WERE EXCLUDED FROM THE MOUNTAIN AREA AND INCLUDED IN THE VICTOR VALLEY AS SPECIFIED IN MEASURE I.(4) - THE POPULATED PORTIONS OF THE TWENTYNINE PALMS MARINE BASE HAVE BEEN ANNEXED BY THE CITY OF TWENTYNINE PALMS.(5) - WITH THE CLOSING OF GEORGE AIR FORCE BASE, THERE IS NO LONGER AN ALLOCATION OF POPULATION TO THE CITIES IN THE VICTOR VALLEY.(6) - UNINCORPORATED URBAN FIGURES FROM PLANNING DEPARTMENT ESTIMATES CONTROLLED TO DOF UNINCORPORATED TOTALS AND CALTRANS URBAN AREA BOUNDARIES.(7) - UNINCORPORATED RURAL FIGURES FROM PLANNING DEPARTMENT ESTIMATES CONTROLLED TO DOF UNINCORPORATED TOTALS AND BASED ON AREAS OUTSIDE THE CALTRANS URBAN AREA BOUNDARIES.
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GPC-Attendance 2017.docx 1 of 1
GENERAL POLICY COMMITTEE ATTENDANCE RECORD – 2018
Name Jan Feb March April May June July Aug Sept Oct Nov Dec Robert Lovingood Board of Supervisors X X X
James Ramos Board of Supervisors
X X X X Curt Hagman Board of Supervisors
X X X X X
Bill Jahn City of Big Bear Lake
X X
Frank Navarro City of Colton
X X X X X
Acquanetta Warren City of Fontana X X X
Darcy McNaboe City of Grand Terrace
X X X X X
Bill Holland City of Hesperia
X X X
Larry McCallon City of Highland
X X X X
Alan Wapner City of Ontario X X X
L. Dennis Michael City of Rancho Cucamonga
X X X X
Joel Klink City of Twentynine Palms
X X X X X
X =Member attended meeting. Empty box = Member did not attend meeting. Crossed out box = Not a member at the time. ** =The General Policy Committee did not meet this month
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3/16/17 Acronym List 1 of 2
This list provides information on acronyms commonly used by transportation planning professionals. This information is provided in an effort to assist Board Members and partners as they participate in deliberations at Board meetings. While a complete list of all acronyms which may arise at any given time is not possible, this list attempts to provide the most commonly-used terms. Staff makes every effort to minimize use of acronyms to ensure good communication and understanding of complex transportation processes.
AB Assembly Bill ACE Alameda Corridor East ACT Association for Commuter Transportation ADA Americans with Disabilities Act ADT Average Daily Traffic APTA American Public Transportation Association AQMP Air Quality Management Plan ARRA American Recovery and Reinvestment Act ATMIS Advanced Transportation Management Information Systems BAT Barstow Area Transit CALACT California Association for Coordination Transportation CALCOG California Association of Councils of Governments CALSAFE California Committee for Service Authorities for Freeway Emergencies CARB California Air Resources Board CEQA California Environmental Quality Act CMAQ Congestion Mitigation and Air Quality CMIA Corridor Mobility Improvement Account CMP Congestion Management Program CNG Compressed Natural Gas COG Council of Governments CPUC California Public Utilities Commission CSAC California State Association of Counties CTA California Transit Association CTC California Transportation Commission CTC County Transportation Commission CTP Comprehensive Transportation Plan DBE Disadvantaged Business Enterprise DEMO Federal Demonstration Funds DOT Department of Transportation EA Environmental Assessment E&D Elderly and Disabled E&H Elderly and Handicapped EIR Environmental Impact Report (California) EIS Environmental Impact Statement (Federal) EPA Environmental Protection Agency 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
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3/16/17 Acronym List 2 of 2
MAGLEV Magnetic Levitation MARTA Mountain Area Regional Transportation Authority MBTA Morongo Basin Transit Authority MDAB Mojave Desert Air Basin MDAQMD Mojave Desert Air Quality Management District MOU Memorandum of Understanding MPO Metropolitan Planning Organization MSRC Mobile Source Air Pollution Reduction Review Committee NAT Needles Area Transit NEPA National Environmental Policy Act OA Obligation Authority OCTA Orange County Transportation Authority PA&ED Project Approval and Environmental Document PASTACC Public and Specialized Transportation Advisory and Coordinating Council PDT Project Development Team PNRS Projects of National and Regional Significance PPM Planning, Programming and Monitoring Funds PSE Plans, Specifications and Estimates PSR Project Study Report PTA Public Transportation Account PTC Positive Train Control PTMISEA Public Transportation Modernization, Improvement and Service Enhancement Account RCTC Riverside County Transportation Commission RDA Redevelopment Agency RFP Request for Proposal RIP Regional Improvement Program RSTIS Regionally Significant Transportation Investment Study RTIP Regional Transportation Improvement Program RTP Regional Transportation Plan RTPA Regional Transportation Planning Agencies SB Senate Bill SAFE Service Authority for Freeway Emergencies SAFETEA-LU Safe Accountable Flexible Efficient Transportation Equity Act – A Legacy for Users SCAB South Coast Air Basin SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SCRRA Southern California Regional Rail Authority SHA State Highway Account SHOPP State Highway Operations and Protection Program SOV Single-Occupant Vehicle SRTP Short Range Transit Plan STAF State Transit Assistance Funds STIP State Transportation Improvement Program STP Surface Transportation Program TAC Technical Advisory Committee TCIF Trade Corridor Improvement Fund TCM Transportation Control Measure TCRP Traffic Congestion Relief Program TDA Transportation Development Act TEA Transportation Enhancement Activities TEA-21 Transportation Equity Act for the 21
st Century
TMC Transportation Management Center TMEE Traffic Management and Environmental Enhancement TSM Transportation Systems Management TSSDRA Transit System Safety, Security and Disaster Response Account USFWS United States Fish and Wildlife Service VCTC Ventura County Transportation Commission VVTA Victor Valley Transit Authority WRCOG Western Riverside Council of Governments
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mission.doc
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.