Montclair City Council
March 16, 2026

CITY COUNCIL

AGENDA REPORT
DATE: MARCH 16, 2026
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: TRN221/TRN510
DEPT.: CITY MGR.

PREPARER: E. STARR
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3509 CONDITIONALLY APPROVING THE TRANSPORTATION EXPENDITURE PLAN ATTACHED AS EXHIBIT “A” TO SAN

BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) ORDINANCE NO. 26–01, THE LATTER PROPOSING CONTINUING INDEFINITELY, ON AND AFTER APRIL 1, 2040, UNLESS AND UNTIL RESCINDED BY VOTERS, THE MEASURE “I” ONE–

HALF OF ONE PERCENT RETAIL TRANSACTIONS AND USE TAX IN SAN BERNARDINO

COUNTY FOR TRANSPORTATION PROJECTS, SUBJECT TO VOTER APPROVAL OF SBCTA ORDINANCE NO. 26–01 AT THE NOVEMBER 3, 2026 GENERAL ELECTION REASON FOR CONSIDERATION: The San Bernardino County Transportation Authority (SBCTA), a joint powers authority composed of representatives from the San Bernardino County Board of Supervisors and one representative from each of the 24 cities and towns in San Bernardino County, is requesting City Council approval of its Transportation Expenditure Plan, attached as Exhibit “A” to SBCTA Ordinance No. 26–01 (Measure “I”).

Measure “I” establishes SBCTA’s one–half of one percent transactions and use tax, which is used to fund transportation projects in San Bernardino County.

The City Council is requested to consider adoption of Resolution No. 26–3509 conditionally approving SBCTA Ordinance No. 26–01’s Transportation Expenditure Plan.

For informational purposes only, attached as Exhibit 1 to this agenda report is a copy SBCTA Ordinance No. 26–01, along with the proposed Transportation Expenditure Plan for Measure “I,” which is included as Exhibit “A” to the ordinance. The City Council is not, however, requested nor required to consider or take action on SBCTA Ordinance No. 26–01.

Proposed Resolution No. 26–3509 conditionally approving SBCTA Ordinance No. 26–01’s Transportation Expenditure Plan is attached for City Council review and consideration.

BACKGROUND: The San Bernardino County Transportation Authority (SBCTA) plans to place a question on the November 3, 2026 General Election ballot asking voters to approve SBCTA Ordinance No. 26–01 (Measure “I”), continuing indefinitely on and after April 1, 2040, unless and until rescinded by voters, the Measure “I” one–half percent retail transactions and use tax in San Bernardino County for transportation projects. The Measure “I” tax was first approved by San Bernardino County voters on November 7,1989, under SBCTA Ordinance No. 89–01. On November 2, 2004, San Bernardino County voters extended Measure “I” to March 31, 2040, when they approved SBCTA Ordinance No. 04–01.

Why is the Montclair City Council asked to consider approval of Resolution No. 26–3509 in support of SBCTA’s Measure “I”?
SBCTA is responsible for administering the Measure “I” one–half percent transactions and use tax to fund transportation improvements in San Bernardino County. However, in order to move forward with SBCTA Ordinance No. 26–01 and place it on the November 3, 2026 General Election ballot, SBCTA must first comply with Public Utilities Code (PUC) MONTCLAIR CITY COUNCIL MEETING – 03/16/2026 Page 66 of 142 Revised 03/16/2026
See pages 69 and 94.
§180206(b), which states, “A county transportation expenditure plan shall not be adopted until it has received the approval of the board of supervisors and of the city councils representing both a majority of the cities in the county and a majority of the population residing in the incorporated areas of the county.” Further, PUC §180206(c) provides that, “The [expenditure] plan shall be adopted prior to the call of the election provided for in Section 180201.” SBCTA is, therefore, asking the San Bernardino County Board of Supervisors and each of the 24 cities and towns in San Bernardino County to approve SBCTA Ordinance No. 26–01’s Transportation Expenditure Plan.

What is the Transportation Expenditure Plan?
A Transportation Expenditure Plan is a planning document prepared for the expenditure of revenues expected to be derived from a tax imposed for transportation– and transit– related purposes, together with other federal, state and local funds expected to be available for transportation improvements. Listed expenditures are typically part of a broader budget plan and are designed to support the development and maintenance of transportation infrastructure.

The Transportation Expenditure Plan attached to SBCTA Ordinance No. 26–01 ensures that funds are reinvested locally through a “return–to–source” policy, meaning that each region or subarea in San Bernardino County benefits directly from the revenues it generates. Under the Transportation Expenditure Plan attached to SBCTA Ordinance No. 26–01 as Exhibit A, there are two defined regions, with subareas:

1. The San Bernardino Valley Region, which includes the cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa, and unincorporated areas in the east and west portions of the San Bernardino valley urbanized area.

2. The Mountain /Desert Region, which is comprised of five subareas:
a. The North Desert Subarea, which includes the City of Barstow and surrounding unincorporated areas;
b. The Colorado River Subarea, which includes the City of Needles and the surrounding unincorporated areas of the East Desert;
c. The Morongo Basin Subarea, which includes the City of Twentynine Palms, the Town of Yucca Valley, and surrounding unincorporated areas; d. The Mountain Subarea, which includes the City of Big Bear Lake and surrounding unincorporated areas of the San Bernardino Mountains; and e. The Victor Valley Subarea, which includes the Cities of Adelanto, Hesperia and Victorville, the Town of Apple Valley, and surrounding unincorporated areas including Wrightwood.

What projects are supported under proposed SBCTA Ordinance No. 26–01 and its Transportation Expenditure Plan?
Revenues derived from Measure “I” support a wide range of projects, including freeway expansions, public transit enhancements, and road repairs. Transparency and accountability are reportedly assured through an independent Taxpayer Oversight Committee.

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However, unlike SBCTA Ordinance No. 04–01, proposed SBCTA Ordinance No. 26–01’s Transportation Expenditure Plan does not include specific designated projects for each of the regions and subareas. The Transportation Expenditure Plan under SBCTA Ordinance No. 04–01, for example, specifically identified the Gold Line Extension to Montclair as a qualifying project under the Transportation Expenditure Plan eligible for Measure “I” funds, together with designated state and federal funds.

The lack of specific projects in SBCTA Ordinance No. 26–01’s Transportation Expenditure Plan raises concerns, in part because polling demonstrates that without the demonstration of projects that benefit each community, reauthorization of Measure “I” is likely to receive a lower level of voter support; and, in the face of opposition messaging, could potentially face an uncertain path for passage. Instead, SBCTA Ordinance No. 26–01’s Transportation Expenditure Plan lists general categories only, including local mobility, regional mobility and operations, and effectively gives decision– making on eligible projects, and how funds are to be expended, to the SBCTA Board of Directors—though input is provided through agency representation on the Board.

SBCTA representatives have indicated that, following passage of SBCTA Ordinance No. 26–01, SBCTA would use the promise of new tax revenue without a sunset to secure bonds to finance projects. While there are no strict requirements to identify specific projects in relation to a tax measure, investors looking to invest in municipal bonds typically want to consider the specific projects that bonds are earmarked for, because it helps them to understand the purpose of the bonds and whether they align with their investment goals.

Are specific transportation projects listed in other materials prepared by SBCTA related to its upcoming request for voters to extend the Measure “I” tax? Despite the lack of specific projects in the Transportation Expenditure Plan attached to SBCTA Ordinance No. 26–01, specific projects of immediate and long–term interest to member agencies are listed in voter educational materials for SBCTA Ordinance No. 26–01, including the following:

1. The SBCTA Measure “I” Strategic Plan, which identifies specific Measure “I”–related projects already accomplished, and to be accomplished, in San Bernardino County and each of the cities and towns in San Bernardino County; and

2. The jointly–produced [SBCTA and City of Montclair] City of Montclair Measure “I” Projects Fact Sheet, which was uploaded to, posted on, and made publicly available via the SBCTA website in August of 2025, and which lists Measure “I” projects specific to the City of Montclair.

It should be noted that, without advising the City of Montclair, SBCTA recently (February of 2026) changed the language in the City of Montclair Measure “I” Projects Fact Sheet by adding the following language after the “Gold Line Extension from Pomona to Montclair TransCenter” listed on Page 2 under Future Projects:
“(* In response to rising project costs and other concerns, in September of 2025, the SBCTA Board voted not to move forward with the Gold Line Extension and instead explore more affordable transit alternatives, to better serve the City of Montclair.)”
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In making this change, SBCTA reconfirms it defunded the Gold Line extension to Montclair in violation of provisions contained in SBCTA Ordinance No. 04–01’s Transportation Expenditure Plan. At the time of adoption of Resolution No. 26–3509, the Gold Line Extension to Montclair continues to be listed as one of the “Regional Priorities within the San Bernardino Valley Area” on page 14 of the SBCTA Measure I Strategic Plan.

One of SBCTA’s proposed “transit alternatives” is a Metrolink enhancement project that would purportedly run shuttle trains every thirty minutes between the Montclair Transportation Center and the Rancho Cucamonga Metrolink Station.

SBCTA reports that the estimated cost of the enhancement is $150 million, versus an estimated $145 million to $235 million to build the Gold Line Extension to the Montclair Transportation Center. However, a preliminary review of the SBCTA Metrolink Enhancement project, which is intended to link the shuttle trains to the Pomona North Station for connectivity to the Gold Line (now known as the A Line) would, because of required infrastructure improvements, likely cost in excess of $800 million.

Montclair City staff is also of the opinion that if this enhanced Metrolink service is limited to just Montclair, Upland, and Rancho Cucamonga, its cost would still exceed $300 million because of the requirement for bridges, track relocation, right–of–way acquisition, the cost of new train cars, and other infrastructure improvements. The enhanced Metrolink service would also require approval from LA Metro and Metrolink, as it would involve integration with existing Metrolink service, which may require a number of upgrades to accommodate extra train cars with shorter headways including additional personnel and enhancements to the overall logistics coordination system related to train schedules and collision avoidance. Without grade separations (bridges), impacted cities would realize more frequent shutdowns of north–south traffic on major road arteries every twelve minutes to accommodate the new 15–minute Metrolink shuttle train headways.

3. As of the time of this report, the Gold Line Extension to Montclair continues to be listed as a project on page 14 of the SBCTA Measure I Strategic Plan, which was uploaded to the SBCTA website in October 2025, as one of the “Regional Priorities within the San Bernardino Valley Area.”
Furthermore, the Measure “I” Reauthorization Campaign PowerPoint presentation made to the Montclair City Council on August 18, 2025, also identified specific Measure “I”– related projects to be accomplished in the City of Montclair, which included the Gold Line Extension to Montclair.

Each of the above 2026 Measure “I” campaign–related documents list projects completed and/or to be accomplished in Montclair with funding, in part, from Measure “I” funds, and with additional monies coming from federal and state sources. Specific Montclair– related projects in the Measure “I” Strategic Plan, City of Montclair Measure “I” Projects Fact Sheet, and the Measure “I” Reauthorization Campaign PowerPoint include the following:
• Gold Line extension from Pomona to the Montclair Transportation Center; • Metrolink–Metro Gold Line Rail Corridor Pedestrian and Bicycle Overpass [part of the San Antonio Creek Linear Park Project];
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• Richton Street Improvements [part of the proposed redevelopment of the Montclair Transportation Center];
• Citywide Street Rehabilitation, Median Improvements and Active Transportation Planning and Improvements [integration of pedestrians, bicycle paths and vehicles in a safe streetscape environment];
• Central Avenue Bridge Widening at Union Pacific Railroad Tracks; • Monte Vista Avenue Street Improvements and Widening from Holt Boulevard to the I–10 Interstate Freeway;
• Holt Boulevard and Mission Boulevard Street Improvements; • Central Avenue and Monte Vista Avenue Street Improvements. • I–10 Freeway Tunnel Underpass Improvements; and
• San Antonio Channel Corridor improvements from the Pacific Electric Trail to Holt Boulevard [the San Antonio Creek Linear Park Project].

What is the status of the Gold Line Extension to Montclair? Despite the fact that the Gold Line Extension Project to Montclair (the “Project” or “Gold Line Project”) is listed in SBCTA Ordinance No. 04–01’s Transportation Expenditure Plan and the various 2026 Measure “I” campaign–related documents for SBCTA Ordinance No. 26–01, the SBCTA Board of Directors, on September 3, 2025, by a vote of 15–11, defunded the Gold Line Project, which Montclair alleges was done in violation of the process outlined in SBCTA Ordinance No. 04–01 for revising its Transportation Expenditure Plan; furthermore, on February 4, 2026, the SBCTA Board of Directors, by a vote of 23–0–1, reallocated the funding that was previously dedicated to the Project to other purposes, and will be required to surrender $41 million in Transit and Intercity Rail Capital Program funds that were secured in 2018 from the state for the Project.

As a result of the SBCTA Board’s actions, the City of Montclair, on December 16, 2025, filed a Demand to Cure, citing the SBCTA Board’s alleged violation of provisions in Measure “I” related to amending the Expenditure Plan [defunding the Gold Line Project], and demanding that the Board correct its violations and fund and build the Gold Line Project. SBCTA Ordinance No. 04–01 details a specific process the SBCTA Board must follow in relation to amending (adding, revising, or removing projects) SBCTA Ordinance No. 04–01’s Transportation Expenditure Plan. The SBCTA Board failed to follow the voter–approved process contained in SBCTA Ordinance No. 04–01.

The SBCTA Board failed to respond to Montclair’s Demand to Cure, initiating further action by Montclair, including two claims, the first filed on February 6, 2026, and the second on February 19, 2026, with claims alleging, among other things, the following:

1. That the SBCTA Board violated the electorates’ and Measure “I”’s purpose and intent;

2. That the SBCTA Board’s actions disparately impacted members of protected classes;

3. That SBCTA’s actions represent discrimination on the basis of, without limitation, race, national origin, and disability;
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4. That the SBCTA Board failed to comply with voter approval of SBCTA Ordinance No. 04–01 and its Transportation Expenditure Plan, thereby violating the electorate’s and the Measure’s purpose and intent;

5. That the SBCTA Board prioritized other projects that were not included in the Expenditure Plan at the expense of the Gold Line Project, directing SBCTA staff to dedicate funds committed to the Gold Line Project to other regional projects, funneling funds to more affluent areas with lower minority populations and negatively impacting low–income “priority” populations;

6. That the SBCTA Board, in violating SBCTA Ordinance No. 04–01’s Transportation Expenditure Plan, neglected its obligation to prioritize disadvantaged communities as required by local and regional transportation plans and related law and policy; and

7. That the SBCTA Board unlawfully retaliated against the City of Montclair for asserting its claims against SBCTA, including its claim of discrimination on the basis of income, race, national origin, disability, and membership in other protected classes—protected classes that constitute a greater percentage of Montclair’s population compared to other SBCTA member agencies.

In the event the SBCTA Board rejects one or both of the City’s claims, or otherwise fails to respond to them, Montclair’s remaining recourse is litigation.

What is meant by “conditional” approval of SBCTA Ordinance No. 26–01’s Transportation Expenditure Plan? For the reasons cited above, the Montclair City Council, through Resolution No. 26–3509, offers “conditional” approval of SBCTA Ordinance No. 26–01’s Transportation Expenditure Plan, provided the SBCTA Board, “prior to the call of election,” as provided for in PUC §§180201 and 180206(c), comply with the following:

1. The SBCTA Board shall reverse its decision of September 3, 2025, to defund the Gold Line Project;

2. The SBCTA Board shall fully restore the Gold Line Project as a Transportation Expenditure Plan Project, as provided for in SBCTA Ordinance No. 04–01 and its Transportation Expenditure Plan; as approved by more than 80 percent of the electorate at the November 2, 2004 General Election; and as promised over the past 21–plus years through the collective promises and commitment by the SBCTA Board of Directors and SBCTA staff to fund and build the Gold Line Project;

3. The SBCTA Board shall fully recommit to funding and building the Gold Line Project, and engage with the Los Angeles County Metropolitan Transportation Agency (Metro) and the Metro Gold Line Foothill Extension Construction Authority (the “Interagency Partners”) and/or other entities as may be specified by law, for the purpose of extending the Gold Line to Montclair;

4. SBCTA shall seek to work with its Interagency Partners to secure the necessary funding from available funding sources, including the State of California, for the purpose of designing and building the Gold Line Project, together with the current procurement to build the Gold Line from Pomona to Claremont, or later procurement if participation by SBCTA is outside the current design and/or construction phase for the Gold Line Extension Project from Pomona to Claremont; and
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5. The SBCTA Board shall commit to funding ongoing maintenance and operation of the Gold Line Extension in San Bernardino County following completion of construction.

The SBCTA Board’s failure to act on each of the above conditions as specified, or pursue other remedies mutually agreeable to the City of Montclair and SBCTA, shall enjoin SBCTA from using the Montclair City Council’s “conditional” approval of Resolution No. 26–3509 in obtaining compliance with the requirements of PUC §§180201 and 180206(b) and (c); i.e., “approval of the city councils representing . . . a majority of the cities in the county.”
The Montclair City Council’s consideration of and any action on Resolution No. 26–3509 does not change the status of Montclair’s current claims against SBCTA under SBCTA Ordinance No. 04–01, or otherwise affect future litigation related to Montclair’s outstanding claims against SBCTA.

What are the main features of SBCTA Ordinance No. 26–01’s Transportation Expenditure Plan?
Notwithstanding the SBCTA Board’s actions related to the Gold Line Project, revenues generated by Measure “I”, and its reauthorization under proposed SBCTA Ordinance No. 26–01, are necessary and vital for other transportation projects in Montclair and all communities in San Bernardino County. If SBCTA Ordinance No. 26–01 is approved by two–thirds majority vote of those voting on continuation of Measure “I” at the November 3, 2026 General Election, the continuation of Measure “I” is projected to generate approximately $7.5 billion [based on 2026 value of money] in its first 30 years following the operative date of April 1, 2040.

The main features of SBCTA’s Transportation Expenditure Plan for the San Bernardino Valley Subarea include the following:

1. Return to Source: Revenues generated from each specified Region/Subarea within San Bernardino County will be returned to that Region/Subarea.

2. Three percent of total revenue generated across all of San Bernardino County will be reserved in an account for the Interregional Mobility Expenditure Plan to provide resources for the planning and implementation of projects and programs that provide critical infrastructure to communities impacted by regional motorist [travel], tourism, interregional travel, and goods movement.

3. San Bernardino Valley Subarea (“Valley Subarea”) Project categories shall be established as follows:
a. State and Federal Transportation Funds. A proportional share of projected state and federal transportation funds shall be reserved for use solely in the Valley Subarea.
b. Local Mobility 25 Percent. Local priorities that focus on local roadway, bikeway, and sidewalk construction, repair, and maintenance for improved localized movement. Local Mobility Projects are defined as local streets and road construction, repair and maintenance, and other eligible local transportation priorities.
i. Includes passthroughs for local priorities include street widening and rehabilitation, potholes, grade separations, sidewalks, bike lanes, streetlights and quiet zones.

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ii. Allocations are made on a per–capita basis.
iii. Expenditures shall be based on a Five–Year Plan adopted annually by the local governing body. Local Mobility funds shall be disbursed upon receipt by SBCTA of the annually adopted Five–Year Plan. iv. Each local jurisdiction shall reserve five percent in a special account for active transportation projects; i.e., bicycle and pedestrian projects, including studies and plans.
c. Regional Mobility 50 Percent. Regional priorities that focus on goods movement, transit, managed lanes, congestion management, and emerging transportation technologies to enhance regional movement; e.g., highway improvements, bus and passenger rail (capital and rehabilitation) corridors, interchanges, environmental mitigation, traffic management systems, quiet zones, planning and project development, and emerging transportation technology.
i. Regional Mobility projects are defined as congestion relief and safety improvements to corridors that connect communities, serve major destinations, and provide freeway access.
ii. Decisions on how funds are expended are made by the SBCTA Board of Directors.
d. Operations 25 Percent. Operational costs for providing mobility services via rail, transit, senior and specialized services, first/last mile connections, ridesharing, and safety support functions.
i. Decisions on how Operations funds are expended will be made by the SBCTA Board of Directors.

4. Independent Taxpayer Oversight Committee (ITOC) is retained to ensure all Measure “I” funds are expended in accordance with provisions of the Transportation Expenditure Plan and SBCTA Ordinance No. 26–01. The five uncompensated members of the ITOC will serve staggered, four–year terms, and membership will be comprised of the following:
a. One professional in the field of municipal audit, finance or budgeting. b. One licensed civil engineer or transportation planner. c. Three public members with skills helpful to the work of the ITOC.

A bi–annual fiscal and compliance audit shall review SBCTA financial statements.

5. Ballot Question:

Measure “I” Local Transportation Improvement Program
San Bernardino County Road Repair/Traffic Relief Extension Without raising tax rates, shall an ordinance to fund repairing potholes; keeping local roads in good condition; completing freeway/highway projects to improve traffic flow/safety, reduce traffic bottlenecks; upgrading aging bridges/ overpasses; creating local jobs; keeping student/senior/disabled/veteran transit fares low be adopted, extending the ½¢ voter–approved transportation sales tax, providing approximately $250,000,000 annually until ended by voters, requiring audits, oversight, spending disclosure, local control?
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FISCAL IMPACT: Adoption of Resolution No. 26–3509 imposes no direct fiscal impact on the General Fund; however, adoption of SBCTA Ordinance No. 26–01 by the electorate voting on the proposed extension of Measure “I” at the November 3, 2026 General Election would, on and after April 1, 2040, continue indefinitely and until rescinded by voters, the one–half percent transactions and use tax provided for in Measure “I”. The City of Montclair receives its proportionate share of Measure “I” funds for local transportation projects.

Failure by the SBCTA Board of Directors to restore the Gold Line Extension to Montclair as a funded Transportation Expenditure Plan Project that will be completed as planned is projected to result in serious harm to development in North Montclair and, further, will harm the City’s development and maintenance of its tax base. Specifically, the Board’s decision is likely to produce serious harm to Montclair’s efforts to develop transit–related housing development that would promote transit ridership and help achieve reduced congestion on the roads, highways and freeways in one of the nation’s heaviest travelled commuter corridors, which, in turn, would help to achieve reductions to air pollution caused by greenhouse gas emissions, also in an area with some of the nation’s most polluted air. The City of Montclair’s planning for North Montclair projects an estimated $5 billion to $9 billion in additional development in Montclair’s Transit– Oriented District in and around the Montclair Transportation Center and its Arrow Highway Mixed Use Development District.

The SBCTA Board’s decision also runs counter to the San Bernardino County Board of Supervisors’ vision to improve the educational base and incomes of residents in San Bernadino County, in part by attracting higher–paid wage earners to live in San Bernardino County, which will in turn achieve the following for San Bernardino County:

1. Attract higher–paying jobs and greater opportunities for educational advancement;

2. Promote new opportunities for housing, commercial, and industrial development;

3. Promote diversity within the region’s job markets, thereby reducing reliance on logistics and warehousing as the singular economic backbone of San Bernardino County;

4. Promote health, cultural, and recreational opportunities; and

5. Promote significant strides in reducing air pollution and congestion on roads, highways, and freeways in some of the nation’s heaviest travelled commuter corridors.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 26–3509 conditionally approving the Transportation Expenditure Plan attached as Exhibit “A” to SBCTA Ordinance No. 26–01, the latter proposing continuing indefinitely, on and after April 1, 2040, unless and until rescinded by the voters, the Measure “I” one–half of one percent retail transactions and use tax in San Bernardino County for Transportation Projects, subject to voter approval at the November 3, 2026 General Election.

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COPY
MEASURE “I”
ORDINANCE NO. 26-1

AN ORDINANCE OF THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY,

AND THE PEOPLE OF SAN BERNARDINO COUNTY, CALIFORNIA ESTABLISHING A

TRANSACTIONS AND USE TAX (SALES TAX) AT THE RATE OF ONE-HALF PERCENT (1/2%) TO FUND COUNTYWIDE TRANSPORTATION IMPROVEMENTS AND ADOPTING

AN EXPENDITURE PLAN DIRECTING THE SPENDING OF REVENUES GENERATED

FROM SAID TAX MEASURE
WHEREAS, the San Bernardino County Transportation Authority (“Authority”) is authorized to levy a retail transactions and use tax/sales tax (“TUT”) in the incorporated and unincorporated territory of San Bernardino County for transportation improvements and projects pursuant to California Constitution Article XIIIC §2(d), California Public Utilities Code §§180000 et. seq. and Revenue and Taxation Code §§7251 et. seq., subject to adoption of an ordinance/measure imposing the tax and adopting an Expenditure Plan (defined herein) by two-thirds (2/3) of the Authority Board of Directors and subsequent approval of the ordinance/measure by a two-thirds (2/3) vote of the San Bernardino County electors voting on it at a special election called for that purpose; and
WHEREAS, pursuant to voter approval of Measure “I” in 2004, the Authority, as the successor agency of the San Bernardino County Transportation Commission, currently levies a TUT of one-half percent (½%) on the sale and/or use of all tangible personal property sold at retail in the incorporated and unincorporated territory of San Bernardino County, as more specifically set forth in current Commission/Authority Ordinance No. 04-01; and
WHEREAS, the current TUT has a sunset of March 31, 2040, which is 30 years from the operative date of the tax; and
WHEREAS, by its adoption of this Ordinance/Measure (hereinafter referred to as the “Measure”), the Authority intends to propose to voters continuing the current TUT, imposed by Measure “I” in 2004, at the rate of one-half percent (1/2%) on the sale and/or use of all tangible personal property sold at retail in the incorporated and unincorporated territory of San Bernardino County until repealed by the votersin order to fund Countywide transportation improvements, programs, and services described in the Transportation Expenditure Plan; subject to subsequent approval of the Measure by two-thirds (2/3) of San Bernardino County electors voting on it at a special election called for that purpose; and WHEREAS, Public Utilities Code §§180201 and 180206 require that a TUT ordinance contain an adopted Expenditure Plan “for the expenditure of the revenues expected to be derived from the tax imposed pursuant to this chapter, together with other federal, state, and local funds expected to be available for transportation improvements, for the period during which the tax is to be imposed”; and WHEREAS, this Ordinance includes a Transportation Expenditure Plan that meets the requirements of Public Utilities Code §§180201 and 180206 and which is hereby incorporated by this reference; and
WHEREAS, the Authority, the San Bernardino County Board of Supervisors, and all of the City/Town Councils representing both a majority of the cities/towns in San Bernardino County and a majority of the population residing in the incorporated areas of San Bernardino County adopted the Expenditure Plan in accordance with Public Utilities Code §180206; and W HEREAS, this Measure and the Transportation Expenditure Plan include provisions that dedicate revenues from this tax for transportation planning, design, construction, operation, and maintenance only to the benefit of San Bernardino County and cannot be used for other governmental Exhibit 1 to Agenda Item D-1
SBCTA Ordinance No. 26-1
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purposes or programs, and provide that funding from this tax is used in accordance with the specified voterapproved Transportation Expenditure Plan. These provisions include:
• The specific projects and programs included in the Transportation Expenditure Plan will be funded by revenue raised by the TUT. The Transportation Expenditure Plan can be changed only after the TUT has been in effect for 10 years (2050) and thereafter in accordance with state law. • An Independent Taxpayer Oversight Committee was originally created under Measure “I” and will continue to provide for citizen review to verify that all Measure funds are spent in accordance with provisions of the Expenditure Plan and Measure.
• San Bernardino County’s ½% TUT is for transportation programs only and is not intended to replace traditional revenues generated through locally adopted development fees and assessment districts.
• The Authority will continue to seek maximum funding for transportation improvements through State and federal programs. The Authority will not provide TUT revenue to any city or to the County unless all federal, state, and local revenues currently used by that agency for transportation purposes continue to be used for transportation purposes; and WHEREAS, by separate resolution, the Authority intends to submit the Measure to the voters at a Special Election to be consolidated with the November 3, 2026 Statewide General Election.

NOW, THEREFORE, THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE PEOPLE OF SAN BERNARDINO COUNTY HEREBY ORDAIN AS FOLLOWS:

ARTICLE I. INCORPORATION OF RECITALS. The foregoing recitals are true and correct and are hereby incorporated and made an operative part of this Ordinance.

ARTICLE II. AUTHORITY ADOPTION OF A TRANSPORTATION RETAIL TRANSACTIONS AND USE TAX (TUT) AND TRANSPORTATION EXPENDITURE PLAN.

By a two-thirds (2/3) vote, the San Bernardino County Transportation Authority and the People of San Bernardino County hereby adopt the following Measure:

SECTION 1. PURPOSE. This Measure authorizes the Authority to continue levying a TUT at the rate of one-half percent (1/2%) in the incorporated and unincorporated territory of San Bernardino County for transportation improvements and programs pursuant to California Public Utilities Code §§18000 et. seq. Pursuant to Public Utilities Code §180250, this Measure also authorizes the Authority to issue bonds secured by said tax revenues, and by Measure I revenues to the extent projects funded by the bonds are in both the Expenditure Plan and the Measure I Expenditure Plan, provides for the collection and administration of the tax by the California Department of Tax and Fee Administration (“CDTFA”), and adopts a Transportation Expenditure Plan allocating tax revenues to transportation improvements, programs, and services to the benefit of San Bernardino County.

SECTION 2. DEFINITIONS. The following definitions shall apply in this Measure:

A. “Authority” means the San Bernardino County Transportation Authority.

The Legislature created the Authority, effective January 1, 2017 (Public Utilities Code Sections 130800 et seq.), consolidating the San Bernardino County Transportation Commission and other transportation-related entities into one agency, which shall be known as the Authority. In 1989, the San Bernardino County Transportation Commission was designated by the San Bernardino County Board of Exhibit 1 to Agenda Item D-1
SBCTA Ordinance No. 26-1
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Supervisors to serve as the Local Transportation Authority pursuant to the provisions of Public Utilities Code §§ 180050 et seq.

B. “Bonds” means bonds, notes, contracts or other forms of indebtedness issued or entered into in accordance with this Measure.

C. “Committee” means the Independent Taxpayer Oversight Committee established herein.

D. “County” means San Bernardino County.

E. “Existing Tax” means the current ½% TUT levied by the Authority, as the successor agency to the San Bernardino County Transportation Commission, pursuant to Ordinance No. 89-01, Ordinance No. 90-01, and Ordinance No. 04-01.

F. "Expenditure Plan” or "Transportation Expenditure Plan” means the San Bernardino County Transportation Authority Transportation Expenditure Plan (attached as Exhibit “A” and incorporated herein by this reference) outlining transportation improvements, programs and services for which tax revenues may be expended, which is hereby expressly adopted as part of this Measure pursuant to California Public Utilities Code section 180206, including any future amendments thereto which are authorized by law.

G. “Local Jurisdiction” means a city or town in the County or the County.

H. “Measure” or “Ordinance” means this ordinance/ballot measure presented to voters seeking authorization to levy the tax and the approval of the Expenditure Plan.

SECTION 3. CONTINUED LEVY OF ONE-HALF PERCENT (1/2%) RETAIL TRANSACTIONS AND USE TAX (TUT). Upon approval of two-thirds (2/3) of the local voters casting votes on this Measure, the Authority shall continue to levy, in the incorporated and unincorporated territory of San Bernardino County, a retail transactions and use tax (TUT) at the rate of one-half percent (1/2%). The tax shall be collected until it is repealed by a subsequent ballot measure approved by County voters and until all debt is satisfied and committed contracts are fulfilled. The tax shall be imposed by the Authority in accordance with Section 180201 of the Public Utilities Code and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code. The provisions of Revenue and Taxation Code Sections 7261 and 7262 are incorporated herein by reference as though fully set forth herein. This tax shall be in addition to any other taxes authorized by law, including any existing or future State or local sales tax or transactions and use tax.

SECTION 4. RETURN TO SOURCE. After deduction of required California Department of Tax and Fee Administration fees and authorized administrative costs, revenues generated from each specified Subarea within San Bernardino County as outlined in the Expenditure Plan will be expended on projects with direct benefit to that Subarea, except as set forth herein. Revenues will be accounted for separately for each Subarea and then allocated to specified project categories in each Subarea. Decisions on how revenues are expended within the Subareas for certain project categories, as defined in the Expenditure Plan, will be made by the Authority Board of Directors, based upon recommendations of local representatives. Other than the projects identified in the Interregional Mobility Expenditure Plan, revenues generated within a Subarea shall not be expended on projects without direct benefit to that Subarea except with approval of two-thirds (2/3) of the jurisdictions within the affected Subarea. Notwithstanding the foregoing, revenues shall be available as required to pay debt service on bonds regardless of the subarea in which the revenue was collected.

Exhibit 1 to Agenda Item D-1
SBCTA Ordinance No. 26-1
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SECTION 5. TRANSPORTATION PURPOSES/EXPENDITURE PLAN.

A. Pursuant to Public Utilities Code §§180205 and 180206, revenues from this tax shall be used for transportation purposes only and may include, but are not limited to, administration of the tax and its revenues, including legal actions related thereto and costs of the initial preparation of this Ordinance and the election thereon; the construction, maintenance, improvements, and operation of local streets, roads, and highways, state highways and freeways; the construction, maintenance, improvements, and operation of public transit systems including rail and bus facilities and service; transportation technologies; and related purposes. These purposes include expenditures for planning, environmental reviews, engineering and design costs, and related right-of-way acquisition. Expenditures also include, but are not limited to, debt service on bonds and expenses in connection with the issuance of bonds. The Authority shall allocate revenues from this tax in accordance with the Expenditure Plan adopted herein and for any other purposes authorized by law.

B. Commencing in 2050 and at least every ten years thereafter, the Authority shall review and, where necessary, propose revisions to the Expenditure Plan. Such proposed revisions shall be submitted for approval according to the procedures set forth in this Subsection. Until approved, the then existing Expenditure Plan shall remain in full force and effect.

1. Such review shall consider recommendations from local jurisdictions, transportation agencies and interest groups, and the general public.

2. The Authority shall notify all local jurisdictions and the Board of Supervisors in writing of the proposed revision, reciting reasons and findings for the revision.

3. The revision(s) to the Expenditure Plan shall become effective 45 days after the notice referenced in 2, above, is given.

4. The boundaries of Subareas shall be revised only by unanimous approval of all local jurisdictions in the Subareas whose boundaries would be revised.

SECTION 6. BONDING AUTHORITY. The Authority shall have the power to sell or issue, from time to time, on or before the collection of taxes, Bonds, notes, contracts, or other evidence of indebtedness, including, but not limited to, capital appreciation bonds, in the aggregate principal amount at any one time outstanding of not to exceed the estimated proceeds of the tax, as determined by the Expenditure Plan, and to secure such indebtedness solely by way of future collection of taxes, for capital outlay expenditures for the purposes set forth in Section 5 above, including the carrying out of transportation projects described in the Expenditure Plan. To the extent Bond proceeds are to be spent on projects identified in both the Measure I Expenditure Plan and the Expenditure Plan, the Authority shall have the power to issue bonds secured by the Existing Tax revenues and the Measure’s tax revenues. The Authority shall have a debt policy that will identify debt affordability limits, which are the maximum amounts that can be used to pay debt service.

SECTION 7. MAINTENANCE OF EFFORT. The Authority, by enactment of this Ordinance, intends that the additional funds provided to local jurisdictions and transit agencies pursuant to this Measure shall supplement existing federal, state, and local revenues used for street, highway, and public transit purposes as of Fiscal Year 2038-39. Transactions and use tax revenue shall not be used to replace requirements for new development to provide for its own transportation facilities. Under this Measure, funding priorities should be given to addressing road and transit needs, easing congestion, improving roadway safety, increasing mobility services, and implementing active transportation solutions where feasible. Local jurisdictions and transit operators shall maintain their existing commitment of transportation funds for street, highway, and Exhibit 1 to Agenda Item D-1
SBCTA Ordinance No. 26-1
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public transit purposes pursuant to this Measure, and the Authority shall enforce this Section by appropriate actions including fiscal audits of the local jurisdictions and adoption of implementing policies.

SECTION 8. CONTRIBUTIONS FROM NEW DEVELOPMENT. No revenue from the Local Mobility categories shall be used to replace the fair share contributions required from new development. The methodology to determine the local fair share contributions shall be established by the Authority Board of Directors.

SECTION 9. INDEPENDENT TAXPAYER OVERSIGHT COMMITTEE. The extant Independent Taxpayer Oversight Committee (“Committee”) shall continue in place up to and after April 1, 2040, to provide citizen review and to ensure that all funds generated by this tax are spent in accordance with the Expenditure Plan and this Ordinance as specified in Exhibit B of this Ordinance, which contains the specific terms and conditions for an Independent Taxpayer Oversight Committee and its review of periodic independent financial audits.

SECTION 10. LIMITATION ON EXPENDITURE FOR ADMINISTRATIVE COSTS AND OTHER PURPOSES. The Authority shall establish an Administration fund, and one percent (1%) of the annual net amount of revenue raised by the tax shall be credited to this fund. Pursuant to Public Utilities Code §180109, the salary and benefits of staff required to administer the TUT shall not exceed the revenues in the Administration fund.

SECTION 11. ANNUAL APPROPRIATIONS LIMIT. Pursuant to Article XIIIB §4 of the California Constitution and Public Utilities Code §180202, the appropriations limit for the Authority will be increased by the maximum projected aggregate collection authorized by the levy of this tax, as indicated in Section 3, in each of the years covered by this Measure plus the amount, if any, by which the appropriation limit is decreased by law as a result of the levy of the tax set forth in this Measure. The appropriations limit has and shall be subject to adjustment as provided by law.

SECTION 12. ADOPTION DATE OF MEASURE AND OPERATIVE DATE OF TAX. This Measure shall take effect at the close of the polls on the day of election at which this Measure is adopted by a vote of the electorate. Collection of the tax under this Measure shall commence on April 1, 2040.

SECTION 13. DURATION/TERM OF TAX. The tax enacted by this Measure shall continue to be levied until this Measure is repealed by the voters; provided that the tax shall continue to be collected while Bonds are outstanding and until committed contracts are fulfilled.

SECTION 14. TECHNICAL PROVISIONS FOR COLLECTION AND
ADMINISTRA-TION OF TAX. By their adoption of this Ordinance, the Authority and the voters of San Bernardino County hereby expressly incorporate the technical provisions for the collection and administration of this tax by the CDTFA, which are required by State law and are specifically set forth in Ordinance No. 26-1, which was adopted by the Authority on , 2026.

SECTION 15. CONFLICT BETWEEN ORDINANCE AND EXPENDITURE PLAN.

In the event of any conflict between the terms of this Ordinance and the terms of the Expenditure Plan, the terms of this Ordinance shall control.

SECTION 16. THE EXISTING TAX. Nothing in the Ordinance is intended to modify, repeal, alter, or increase the Existing Tax. The provisions of this Ordinance shall apply solely to the retail transactions and use tax adopted herein and not to the collection or administration of the Existing Tax.

Exhibit 1 to Agenda Item D-1
SBCTA Ordinance No. 26-1
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ARTICLE III. CEQA COMPLIANCE. The Authority finds that the approval of this Ordinance is not a “project” and, alternatively, is exempt from the California Environmental Quality Act (“CEQA”).

The Ordinance is intended to provide a funding mechanism for potential future projects and programs related to the Authority’s provision of transportation services. The Ordinance does not commit the Authority to any particular project, program, or capital improvement. Accordingly, the Authority finds that, under CEQA Guidelines Section 15378(b)(4), adoption of this Ordinance is not a project subject to the requirements of CEQA because the Ordinance is merely “[t]he creation of [a] government funding mechanism[] or other government fiscal activit[y], which do[es] not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.” (CEQA Guidelines § 15378, subd. (b)(4); see also Sustainable Transportation Advocates of Santa Barbara v. Santa Barbara County Association of Governments, 179 Cal.App.4th 113, 123.) Additionally, the timing, design, and approval of individual projects to be funded by the Ordinance are dependent on future funding availability, need, feasibility, CEQA review, future Expenditure Plan review and amendments, and numerous other factors. Thus, the timing and design of future projects, which may not be brought forward for many years, are unknown, and insufficient information is available to enable meaningful environmental review. (CEQA Guidelines § 15004.) Further, because the Ordinance does not approve the construction of any projects that may result in any direct or indirect physical change in the environment, and because future voter approval is required as set forth in PUC Section 130350, approving the Ordinance is not an approval that commits the Authority to a definite course of action. (CEQA Guidelines § 15352.) Thus, it can also be seen with certainty that the Ordinance has no potential for causing a significant effect on the environment and is exempt from any further review under CEQA. (CEQA Guidelines § 15061(b)(3).)
ARTICLE IV. SEVERABILITY. If any provision of this Ordinance/Measure or the application thereof to any person or circumstance is held invalid or unenforceable by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the remaining provisions, and the Authority and the People of San Bernardino County declare that they would have passed each part of this Ordinance irrespective of the validity of any other part.

ARTICLE V. CERTIFICATION. The Clerk of the Board shall certify the adoption of this Measure as an ordinance and shall record it in the official records of the Authority.

PASSED AND ADOPTED by the San Bernardino County Transportation Authority this day of , 2026 by the following vote of the Authority Board and approved by a two-thirds vote of San Bernardino County voters at a Special Election consolidated with the Statewide General Election held on November 3, 2026:

AYES:

NOES:

ABSTAIN:

ABSENT:

Chairman
ATTEST:

Clerk of the Board
APPROVED AS TO FORM:

General Counsel
Exhibit 1 to Agenda Item D-1
SBCTA Ordinance No. 26-1
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Exhibit “A”
Transportation Expenditure Plan
Revenue Estimates and Distribution. Allocation of revenue authorized by Ordinance No. 26-1 is established within this Expenditure Plan. Funds shall be allocated by percentage of the actual revenue received. An estimate of revenues for allocation among categories for the first 30 years is $7.5 billion.

The estimated revenue is based upon 2026 value of money and is not binding or controlling.

Return to Source. After deduction of required CDTFA fees, funds dedicated for the Interregional Mobility Expenditure Plan and authorized administrative costs, revenues generated from each specified Subarea within San Bernardino County will be expended on projects of direct benefit to that Subarea.

Revenues will be accounted for separately for each Subarea and then allocated to specified project categories. Decisions on how revenues for certain project categories are expended within the Subareas will be made by the Authority Board of Directors, based upon recommendation of local representatives.

Subarea Identification. The San Bernardino Valley Subarea will include the cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa and unincorporated areas in the east and west portions of the San Bernardino valley urbanized area. The Mountain/Desert area will include the following subareas: (1) the North Desert Subarea, which includesthe City of Barstow and surrounding unincorporated areas; (2) the Colorado River Subarea, which includes the City of Needles and the surrounding unincorporated areas of the East Desert; (3) t he Morongo Basin Subarea, which includes the City of Twentynine Palms, Town of Yucca Valley, and surrounding unincorporated areas; (4) the Mountain Subarea, which includes the City of Big Bear Lake and surrounding unincorporated areas of the San Bernardino Mountains; and (5) the Victor Valley Subarea, which includes the Cities of Adelanto, Hesperia, and Victorville; the Town of Apple Valley; and surrounding unincorporated areas including Wrightwood.

Contribution from New Development. No revenue generated from the tax shall be used to replace the fair share contributions required from new development as further described in Section 8 of the Ordinance.

Requirement for Annual Financial and Compliance Audits of Measure Funds. The San Bernardino County Transportation Authority shall undergo a biennial financial audit, and each local jurisdiction receiving an allocation of Measure revenue authorized in this Expenditure Plan shall undergo an annual financial audit, with all audits to be performed in accordance with generally accepted auditing standards and government auditing standards issued by the Comptroller General of the United States.

Compliance audits also shall be conducted to ensure that each agency is expending funds in accordance with the provisions and guidelines established for Measure revenue, including compliance with Maintenance of Effort provisions.

The Interregional Mobility Expenditure Plan. Upon initial collection of revenue, 3% of the revenue generated across all San Bernardino County subareas will be reserved in advance of other allocations specified in this plan in an account for the Interregional Mobility Expenditure Plan. The Interregional Mobility Expenditure Plan will provide resources for the planning and implementation of projects and programs that provide critical infrastructure to communities impacted by regional motorist, tourism, interregional travel, and goods movement. This program will help plan and deliver critical infrastructure improvements, such as enhancements in the Cajon Pass and other key corridors, that address congestion, enhance mobility, improve safety, and strengthen resilience. It will also support evacuation planning, bolster emergency response capabilities, improve primary evacuation routes, and fund transit-related evacuation needs. In addition, the program will be available to address unexpected infrastructure damage resulting from natural or human-caused disasters, ensuring rapid recovery and the restoration of essential interregional mobility.

Exhibit 1 to Agenda Item D-1
SBCTA Ordinance No. 26-1
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San Bernardino Valley Subarea Expenditure Plan. In that area described as the San Bernardino Valley Subarea, and referred to herein as the Valley Subarea, project categories shall be established as specified below. The San Bernardino Valley Subarea Expenditure Plan is illustrated in Figure A.

A. State and Federal Transportation Funds. A proportional share of projected state and federal transportation funds shall be reserved for use solely within the Valley Subarea.

B. Local Mobility 25%. Local priorities that focus on local roadway, bikeway, and sidewalk construction, repair, and maintenance for improved localized movement. Includes pass-through for local priorities such as: local street widening and rehabilitation, potholes, grade separations, sidewalks, bike lanes, streetlights, and railroad quiet zones. 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.

Upon initial collection of revenue, each local jurisdiction shall reserve 5% of allocated revenue in a special account to be expended on active transportation projects. Eligible active transportation projects may include, at the discretion of the local jurisdiction, but are not limited to, bicycle and pedestrian projects and costs for associated studies or plans. If, after at least ten years of revenue collection, the local jurisdiction’s governing body makes a finding that the reserve for active transportation projects is no longer necessary, and the Authority Board of Directors subsequently approves the finding, then all Local Mobility funds allocated to the local jurisdiction may be used for any eligible purpose.

Local Mobility projects are defined as local street and road construction, repair, and maintenance and other eligible local transportation priorities. Except as set forth herein, Local Mobility funds can be used flexibly for any eligible transportation purpose determined to be a local priority, including local streets, major highways, state highway improvements, transit, including but not limited to, fare subsidies and service enhancements for seniors and persons with disabilities, and other improvements/programs to maximize use of transportation facilities. Expenditure of Local Mobility funds shall be based upon a Five-Year Plan adopted annually by the governing body of each local jurisdiction after being made available for public review and comment. Local Mobility funds shall be disbursed to local jurisdictions upon receipt of the annually adopted Five-Year Plan.

The locally adopted Five-Year Plan shall be consistent with local, regional, and state transportation plans.

C. Regional Mobility 50%. Regional priorities that focus on goods movement, transit, managed lanes, congestion management, and emerging transportation technologies to enhance regional movement and include: highway improvements, bus and passenger rail (capital and rehabilitation), corridors, interchanges, environmental mitigation, traffic management systems (freeway service patrol and air quality strategies), railroad quiet zones, planning and project development, and emerging transportation technology.

Regional Mobility projects are defined as congestion relief and safety improvements to corridors that connect communities, serve major destinations, and provide freeway access. Decisions on how Regional Mobility funds are expended will be made by the Authority Board of Directors, based upon recommendation of local jurisdiction representatives. Funding priorities shall be given to improving roadway safety, relieving congestion, and street improvements at rail crossings and shall take into account equitable geographic distribution over the life of the program. Eligible projects also include, but are not limited to, signal synchronization, systems to improve traffic flow, commuter assistance programs, freeway service patrol, and projects that contribute to environmental enhancement associated with transportation facilities.

Exhibit 1 to Agenda Item D-1
SBCTA Ordinance No. 26-1
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D. Operations 25%. Resourcing the operational costs for providing mobility services via rail, transit, senior and specialized services, first/last mile connections, ridesharing, and safety support functions.

Decisions on how Operations funds are expended will be made by the Authority Board of Directors, based upon recommendations of local jurisdiction representatives. Funding priorities shall be given to maintaining core services across all modes of mobility.

Mountain/Desert Expenditure Plan. In that area described as the Mountain/Desert area, the following Expenditure Plan requirements shall apply. The Mountain/Desert Expenditure Plan is illustrated in Figure B.

A. State and Federal Transportation Funds. A proportional share of projected state and federal transportation funds shall be reserved for use solely within the Mountain/Desert Subareas.

B. Local Mobility 70%. Local priorities that focus on local roadway, bikeway, and sidewalk construction, repair, and maintenance for improved localized movement. Includes pass-through for local priorities such as: local street widening & rehabilitation, potholes, grade separations, sidewalks, bike lanes, and streetlights. Allocations to local jurisdictions shall be 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 estimate. Tax generation calculations shall be based upon CDTFA data.

Upon initial collection of revenue, each local jurisdiction shall reserve 5% of allocated revenue in a special account to be expended on active transportation projects. Eligible active transportation projects may include, at the discretion of the local jurisdiction, but are not limited to, bicycle and pedestrian projects and costs for associated studies or plans. If, after at least ten years of revenue collection, the local jurisdiction’s governing body makes a finding that the reserve for active transportation projects is no longer necessary, and the Authority Board of Directors subsequently approves the finding, then all Local Mobility funds allocated to the jurisdiction may be used for any eligible purpose.

Local Mobility projects are defined as local street and road construction, repair, and maintenance and other eligible local transportation priorities. Except as set forth herein, Local Mobility funds can be used flexibly for any eligible transportation purpose determined to be a local priority, including local roads, major streets, state highway improvements, transit, including but not limited to, fare subsidies and service enhancements for seniors and persons with disabilities, and other improvements/programs to maximize use of transportation facilities. Expenditure of Local Mobility funds shall be based upon a Five-Year Plan adopted annually by the governing body of each local jurisdiction after being made available for public review and comment. Local Mobility funds shall be disbursed to local jurisdictions upon receipt of the annually adopted FiveYear Plan. The locally adopted Five-Year Plans shall be consistent with other local, regional, and state transportation plans.

C. Regional Mobility 20%. Regional priorities that focus on goods movement, transit, managed lanes, congestion management, and emerging transportation technologies to enhance regional movement and include: highway improvements, bus and passenger rail (capital and rehabilitation), corridors, interchanges, environmental mitigation, traffic management systems (freeway service patrol and air quality strategies), planning and project development, and emerging transportation technology.

Revenue collected within each Subarea shall be reserved in a special account to be expended on Regional Mobility projects of benefit to the Subarea. Regional Mobility projects are defined as major streets and highways serving as primary routes of travel within the Subarea, which may Exhibit 1 to Agenda Item D-1
SBCTA Ordinance No. 26-1
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include State highways and freeways, where appropriate. Regional Mobility funds can be used to leverage state and federal funds for transportation projects and to perform advance planning/project reports. Expenditure of Regional Mobility funds shall be approved by the Authority Board of Directors, based upon a recommendation of Subarea representatives and the Mountain/Desert Policy Committee. If, after five years of revenue collection and every five years thereafter, the local representatives and the Mountain/Desert Policy Committee make a finding that Regional Mobility funds are not required for improvements of benefit to the Subarea, then revenue in the Regional Mobility category may be returned to local jurisdictions within the Subarea. Such return shall be allocated and expended based upon the formula and requirements established in the Local Mobility category.

D. Operations 10%. Resourcing the operational costs for providing mobility services via rail, transit, senior and specialized services, first/last mile connections, ridesharing, and safety support functions. Decisions on how Operations funds are expended will be made by the Authority Board of Directors, based upon recommendation of Subarea representatives and the Mountain/Desert Policy Committee and/or Transit Committee. Funding priorities shall be given to maintaining core services across all modes of mobility services.

The Authority Board of Directors, based upon recommendation of Subarea representatives and the Mountain/Desert Policy Committee, may provide additional funding beyond 10% upon a finding that such increase is required to address unmet transit needs of the Subarea. All increases above the 10% initial revenue collected for the Operations category shall come from the Local Mobility category of the Subarea.

E. Mountain/Desert Policy Committee. The Mountain/Desert Policy Committee of the Authority shall remain in effect and provide oversight of the implementation of the Mountain/Desert Expenditure Plan.

Exhibit 1 to Agenda Item D-1
SBCTA Ordinance No. 26-1
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Measure “I”
Transportation Expenditure Plan

FIGURE A
SanBernardino Valley SubareaExpenditure Plan
Exhibit 1 to Agenda Item D-1
SBCTA Ordinance No. 26-1
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Measure “I”
Transportation Expenditure Plan

FIGURE B
Mountain/Desert Expenditure Plan
Exhibit 1 to Agenda Item D-1
SBCTA Ordinance No. 26-1
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Exhibit “B”
Independent Taxpayer Oversight Committee (ITOC)
ITOC Goal and Function. Voter approval of this Measure shall result in the continuation of the existing Independent Taxpayer and Oversight Committee (ITOC) as follows:

The ITOC shall provide citizen review to ensure that all Measure funds are spent by the San Bernardino County Transportation Authority (hereby referred to as the Authority) in accordance with provisions of the Expenditure Plan and Ordinance No. 26-1, Measure I and the Measure I Expenditure Plan.

Audit Requirement. The Authority shall undergo a biennial financial audit, and each local jurisdiction receiving an allocation of Measure revenue authorized in the Expenditure Plan shall undergo an annual financial audit, with all audits to be performed in accordance with generally accepted auditing standards and Government Auditing Standards issued by the Comptroller General of the United States. The audit shall review the basic financial statements of the Authority as defined by the Governmental Accounting Standards Board and the financial and compliance audits of the member jurisdictions.

Role of Financial and Compliance Audit and the ITOC. The ITOC shall review the annual audits of the Authority and local jurisdictions; report findings based on the audits to the Authority; and recommend any additional audits for consideration that the ITOC believes may improve the financial operation and integrity of program implementation.

The Authority shall hold a publicly noticed meeting, which may or may not be included on the agenda of a regularly scheduled Authority Board of Directors meeting, with the participation of the ITOC to consider the findings and recommendations of the audits.

Membership and Selection Process. The Authority shall have an open process to select five committee members, which shall include solicitation of trade and other organizations to suggest potential nominees to the committee. The committee members shall possess one of the following credentials:
• Professional in the field of municipal audit, finance, and/or budgeting with a minimum of five years in a relevant and senior decision-making position in the public or private sector. • Licensed civil engineer or trained transportation planner with at least five years of demonstrated experience in the fields of transportation and/or urban design in government and/or the private sector. No member shall be a recipient or sub-recipient of Measure funding. • Three public members who possess knowledge and skills that will be helpful to the work of the ITOC.

The President and the Executive Director of the Authority shall serve as ex-officio members of the ITOC.

Terms and Conditions for Committee. Committee members shall serve staggered four-year terms.

In no case shall any voting committee member serve more than twelve years on the ITOC. • Committee members shall serve without compensation, except they shall be reimbursed for authorized travel and other expenses directly related to the work of the ITOC. • Committee members cannot be a current local elected official in the County or a full-time staff member of any city/town, the County government, local transit operator, or state transportation agency.
• Non-voting ex-officio committee members shall serve only as long as they remain incumbents in their respective positions and shall be automatically replaced by their successors in those positions.

Exhibit 1 to Agenda Item D-1
SBCTA Ordinance No. 26-1
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• If vacancies on the ITOC occur, for any reason, Authority staff will collaborate with Authority Board members to find an appropriate replacement within 90 days of the vacancy or as soon thereafter as possible, to fill the remainder of the term. • When more than one application is received for a vacancy, the General Policy Committee will make a recommendation to the Authority Board of Directors to appoint an applicant to the ITOC. • When only one application is received, the Board President will recommend to the Board the applicant’s appointment to the ITOC.

ITOC Operation Protocols.
• The ITOC shall continue as long as Measure revenues are collected. • Authority Board of Directors and staff shall fully cooperate with and provide necessary support to ensure the ITOC successfully carries out its duties and obligations.

Conflict of Interest. ITOC voting members shall have no legal action pending against the Authority and are prohibited from acting in any commercial activity directly or indirectly involving the Authority, such as being a consultant during their tenure on the ITOC. ITOC voting members shall not have direct commercial interest or employment with any public or private entity that receives the transportation tax funds authorized by the voters in this Ordinance.

Exhibit 1 to Agenda Item D-1
SBCTA Ordinance No. 26-1
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Exhibit “C”
Ballot Question
Measure “I” Local Transportation Improvement Program San Bernardino County Road Repair/Traffic Relief Extension
Without raising tax rates, shall an ordinance to fund repairing potholes; keeping local roads in good condition; completing freeway/highway projects to improve traffic flow/safety, reduce traffic bottlenecks; upgrading aging bridges/overpasses; creating local jobs; keeping student/senior/disabled/veteran transit fares low be adopted, extending the ½¢ voter-approved transportation sales tax, providing approximately
$250,000,000 annually until ended by voters, requiring audits, oversight, spending disclosure, local control?
Exhibit 1 to Agenda Item D-1
SBCTA Ordinance No. 26-1
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Resolution No. 26–3509 Page 1 of 6
RESOLUTION NO. 26–3509

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTCLAIR,

CALIFORNIA, CONDITIONALLY APPROVING THE TRANSPORTATION
EXPENDITURE PLAN ATTACHED AS EXHIBIT “A” TO THE SAN

BERNARDINO COUNTY TRANSPORTATION AUTHORITY ORDINANCE
NO. 26–1 [MEASURE “I”], THE LATTER PROPOSING CONTINUING INDEFINITELY, ON AND AFTER APRIL 1, 2040, UNLESS AND UNTIL RESCINDED BY VOTERS, THE MEASURE “I” ONE–HALF OF ONE PERCENT

RETAIL TRANSACTIONS AND USE TAX IN SAN BERNARDINO COUNTY

FOR TRANSPORTATION PROJECTS, SUBJECT TO VOTER APPROVAL OF SBCTA ORDINANCE NO. 26–1 AT THE NOVEMBER 3, 2026, GENERAL

ELECTION
WHEREAS, Measure “I” is the San Bernardino County Transportation Authority’s one–half of one percent retail transactions and use tax dedicated to transportation improvements throughout the County, with funds reinvested locally through a “return to source” policy, meaning each region, or subarea, in San Bernardino County benefits directly from the revenue it generates; and
WHEREAS, the voters of San Bernardino County first approved Measure “I” (SBCTA Ordinance No. 89–1) in November 1989 and, in November 2004, extended Measure “I” (SBCTA Ordinance No. 04–01) through March 31, 2040; and WHEREAS, the San Bernardino County Transportation Authority (SBCTA) [then, the “San Bernardino Associated Governments,” hereafter referred to as the San Bernardino County Transportation Authority] Board of Directors revised Measure “I” in January 1990 (SBCTA Ordinance No. 90–1) amending Section IV to clarify procedures for collection and administration of the Measure “I” retail transactions and use tax, and adding Sections XIV through XXII to establish applicability, limitations, permitting requirements, exemptions and exclusions, and legal remedies related to the Measure “I” retail transactions and use tax; and
WHEREAS, Measure “I” has supported a wide range of transportation infrastructure projects in unincorporated areas of San Bernardino County and across each of San Bernardino County’s 24 cities and towns including, but not limited to, freeway expansions and interchange upgrades, improvements to local and major streets and roads, traffic signal upgrades and synchronization/coordination, Metrolink commuter rail maintenance and operations and improvements, and Omnitrans bus operations and upgrades; and
WHEREAS, because the operational period of SBCTA Ordinance No. 04–01’s current retail transaction and use tax is due to expire effective April 1, 2040, and the continuation of Measure “I”’s one–half of one percent retail transactions and use tax on and after that date is essential to SBCTA’s ability to continue with a program of transportation and transit infrastructure improvements and projects throughout San Bernardino County, and in each of the County’s cities and towns; an WHEREAS, SBCTA, after engagement with private sector stakeholders and representatives from San Bernardino County and each of the County’s cities and towns, has prepared a Transportation Expenditure Plan for the revenues projected to be derived from SBCTA Ordinance No. 26–1’s proposed extension of Measure “I”’s retail transactions and use tax on and after April 1, 2040, until rescinded by voters; and WHEREAS, SBCTA Ordinance No. 26–1 and the proposed Transportation Expenditure Plan, attached to SBCTA Ordinance No. 26–1 as Exhibit “A”, are, by reference, incorporated herein and attached as “Exhibit 1”; and WHEREAS, San Bernardino County voters will be asked to consider approval of SBCTA Ordinance No. 26–1 at the November 3, 2026, General Election; and WHEREAS, if SBCTA Ordinance No. 26–1 is approved by two–thirds majority vote of those voting on continuation of Measure “I” at the November 3, 2026, General Election, the continuation of Measure “I” would extend collection of Measure “I”’s one–half of one percent retail transactions and use tax on and after April 1, 2040, unless and until rescinded by the voters and, further, SBCTA Ordinance No. 26–1 is projected to generate approximately $7.5 billion in its first 30–years following the operative date of the tax on and after April 1, 2040; and
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WHEREAS, if approved by voters, SBCTA Ordinance No. 26–1 would not implement a new tax; rather, SBCTA Ordinance No. 26–1 would continue the existing one–half of one percent retail transactions and use tax already approved by voters under SBCTA’s SBCTA Ordinance No. 89–1 and Ordinance 04–01; and WHEREAS, retail transactions and use tax revenues generated under SBCTA Ordinance No. 26–1 would remain in San Bernardino County, and can only be spent on transportation projects; further, Measure “I” revenues cannot be seized or be allocated by the state or federal governments; and
WHEREAS, in addition to raising funds committed to transportation infrastructure improvements in San Bernardino County, SBCTA Ordinance No. 26–1 would also promote San Bernardino County’s economy by creating employment opportunities in various sectors including, but not limited to, construction, manufacturing and engineering; and WHEREAS, other direct benefits related to transportation improvements in San Bernardino County include reductions in greenhouse gas emissions, reductions in traffic congestion, and creation of an effective transportation system to meet the needs of residents, visitors and the business community; and
WHEREAS, the City of Montclair receives its proportionate share of Measure “I” funds for local transportation infrastructure projects; and WHEREAS, Public Utilities Code Sections 180200 through 180207 provide for a process for governmental agencies to follow related to placing a transactions and use tax for transportation projects before voters; and
WHEREAS, Section 180206(b) of the Public Utilities Code specifically provides that, “A county transportation expenditure plan shall not be adopted until it has received the approval of the board of supervisors and of the city councils representing both a majority of the cities in the county and a majority of the population residing in the incorporated areas of the county.” Further, §180206(c) provides that, “The [expenditure] plan shall be adopted prior to the call of the election provided for in Section180201.” Accordingly, SBCTA is asking for approval of SBCTA Ordinance No. 26–1’s Transportation Expenditure Plan by the San Bernardino County Board of Supervisors and each of the 24 cities and towns in San Bernardino County so that it may be submitted to the electorate for consideration at the November 3, 2026, General Election; and WHEREAS, the City Council of the City of Montclair declares its conditional approval of Ordinance 26–1’s Transportation Expenditure Plan, attached to Measure “I” as Exhibit A, for the following reasons:

1. The Transportation Expenditure Plan, attached to SBCTA Ordinance No. 04–01 as Exhibit A (together, alternatively, “Measure “I””), identified a number of specific transportation projects to be completed by the SBCTA, including projects within the San Bernardino Valley Subarea Expenditure Plan; and

2. Within the San Bernardino Valley Subarea Expenditure Plan in Schedule D5 of SBCTA Ordinance No. 04–01’s Transportation Expenditure Plan, the Gold Line Extension Project is specifically listed as one of three “Metrolink/Rail Service” projects, together with designated Measure “I” and State and Federal funds to be contributed toward completion of the Projects; and

3. Pursuant to Public Utilities Code Section 180206(b), Ordinance No 04–01’s Transportation Expenditure Plan received approval of the San Bernardino County Board of Supervisors and the City Councils representing a majority of the cities in San Bernardino County; and

4. Pursuant to Public Utilities Code Section 180206(b), SBCTA Ordinance No. 04– 01 and its Transportation Expenditure Plan were approved by more than 80 percent of the voters voting on Measure “I” at the November 2, 2004, General Election, and such approval by the voters included the San Bernardino Valley Subarea Expenditure Plan, Schedule D5, and the three “Metrolink/Rail Service” projects, including the Gold Line Extension Project, together with designated Measure “I” and State and Federal funds contributed toward completion of the Projects; and

5. The Transportation Expenditure Plan contained in SBCTA Ordinance No. 04– 01 was approved not only by more than 80 percent of the voters voting on Measure “I” at the November 2, 2004, General Election, it was also consistently supported by more than 21–years of promises and commitment by the SBCTA MONTCLAIR CITY COUNCIL MEETING – 03/16/2026 Page 91 of 142 Revised 03/16/2026
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Board of Directors and its executive officers that the Gold Line Extension Project would be built to the Montclair Transportation Center; and

6. The California State Transportation Agency (CalSTA), together with the Los Angeles County Transportation Authority (METRO) and the San Gabriel Valley Council of Governments (SGVCOG), collectively, contributed an estimated $4 billion [approximately $1.1 billion from CalSTA, approximately $2.774 billion from METRO, and approximately $126 million from the SGVCOG] to build the Gold Line from Union Station in Los Angeles to Claremont, where it would then be extended by SBCTA to Montclair; and

7. Based on voter approval of SBCTA Ordinance No. 04–01 and the more than 21–years of collective promises and commitments by the SBCTA Board and its executive officers to fund and build the Gold Line Extension to the Montclair Transportation Center, the Montclair City Council directed the expenditure of tens of millions of dollars in local funds to plan for, and build, the necessary infrastructure and other improvements in anticipation of arrival of the Gold Line light rail system at the Montclair Transportation Center on or around 2030–32; and

8. Based on voter approval of SBCTA Ordinance No. 04–01 and the more than 21–years of collective promises and commitments by the SBCTA Board of Directors and its executive officers to fund and build the Gold Line Extension to the Montclair Transportation Center, developers working with the City of Montclair completed an estimated $1.5 billion in improvements in Montclair’s Transit–Oriented District in and around Montclair’s Transportation Center in anticipation of arrival of the Gold Line light rail system at the Montclair Transportation Center on or around 2030–32; and

9. Based on voter approval of SBCTA Ordinance No. 04–01 and the more than 21–years of collective promises and commitments by the SBCTA Board of Directors and its executive officers to fund and build the Gold Line Extension to the Montclair Transportation Center, the City of Montclair’s planning for North Montclair projects an estimated $5 billion to $9 billion in additional development in Montclair’s Transit–Oriented District in and around the Montclair Transportation Center and its Arrow Highway Mixed Use Development District; and

10.Based on voter approval of SBCTA Ordinance No. 04–01 and the more than 21–years of collective promises and commitments by the SBCTA Board of Directors and its executive officers to fund and build the Gold Line Extension to the Montclair Transportation Center, people made the decision to move to, and live in and around Montclair’s Transit–Oriented District in anticipation that light rail transit would be available in the foreseeable future for low–cost, pollution–free and stress–free transportation to places of destination including for, but not limited to, work, health, education, entertainment and culture; and

11.Based on voter approval of SBCTA Ordinance No. 04–01 and the more than 21–years of collective promises and commitments by the SBCTA Board of Directors and its executive officers to fund and build the Gold Line Extension to the Montclair Transportation Center, businesses and residents congregated in and around Montclair’s Transit–Oriented District invested in the positive outcomes promised by arrival of the Gold Line to Montclair; and

12.On September 3, 2025, less than one year after METRO received $798 million in state funding to build the Gold Line Project from Pomona to Claremont, where SBCTA would then build the Project to Montclair, the SBCTA Board voted to end Measure “I” and other source funding, including $41 million from CalSTA, that had been earmarked to build the Gold Line Extension Project to Montclair; and

13.The SBCTA Board’s decision on September 3, 2025, to defund the Gold Line Project to Montclair is, Montclair alleges, in violation of SBCTA Ordinance No. 04–01’s and Exhibit A’s (Transportation Expenditure Plan) proscribed amendment process as required by law; and

14.On December 16, 2025, the City of Montclair provided the SBCTA Board and SBCTA legal counsel with a Demand to Cure letter to cure the Board’s violation of SBCTA Ordinance No. 04–01’s amendment process, as required by law; and MONTCLAIR CITY COUNCIL MEETING – 03/16/2026 Page 92 of 142 Revised 03/16/2026
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15.The SBCTA Board failed to respond to Montclair’s Demand to Cure, initiating further action by Montclair, including two claims, the first filed on February 6, 2026, and the second on February 19, 2026, with claims alleging, among other things, the following:
a. That the SBCTA Board violated the electorates’ and Measure “I”’s purpose and intent;
b. That the SBCTA Board’s actions disparately impacted members of protected classes;
c. That SBCTA and its Board’s actions represents discrimination on the basis of, without limitation, race, national origin, and disability; d. That the SBCTA Board failed to comply with voter approval of SBCTA Ordinance No. 04–01 and its Transportation Expenditure Plan, thereby violating the electorate’s and Measure “I”’s purpose and intent; e. That the SBCTA Board prioritized other projects at the expense of the Gold Line Extension to Montclair, directing SBCTA staff to dedicate funds committed to the Gold Line Extension to Montclair to other regional projects, funneling funds to more affluent areas with lower minority populations and negatively impacting low income “priority” populations;
f. That the SBCTA Board, in violating SBCTA Ordinance No. 04–01’s Transportation Expenditure Plan, violated the Board’s obligation to prioritize disadvantaged communities as required by local and regional transportation plans and related law and policy; and
g. That the SBCTA Board unlawfully retaliated against the City of Montclair for asserting its claims against SBCTA, including its claim of discrimination on the basis of income, race, national origin, disability and membership in other protected classes—protected classes that constitute a greater percentage of Montclair’s population compared to other SBCTA member agencies.

16.The SBCTA Board pursued the above course in relation to the Gold Line Extension to Montclair despite the fact that the Measure–I–Strategic Plan for SBCTA Ordinance No. 26–1, the proposed successor ordinance to SBCTA Ordinance No. 04–01, identifies specific Measure “I”–related projects already accomplished, and to be accomplished, in San Bernardino County and each of the cities and towns in San Bernardino County including the City of Montclair, with the Gold line Extension to Montclair listed as a project to be completed under SBCTA Ordinance No. 26–1; and

17.The Measure–I–Strategic Plan, the City of Montclair Measure “I” projects fact sheet, and the Measure “I” Reauthorization Campaign PowerPoint presentation made to the Montclair City Council on August 18, 2025, by the SBCTA Deputy Director, collectively, list the following projects to be accomplished in the City of Montclair by use, in part, with Measure “I” funds, including the Gold Line Extension to Montclair:
• Gold Line extension from Pomona to the Montclair Transportation Center;
• Metrolink–Metro Gold Line Rail Corridor Pedestrian and Bicycle Overpass;
• Richton Street Improvements;
• Citywide Street Rehabilitation, Median Improvements and Bicycle Lanes;
• Central Avenue Bridge Widening at Union Pacific Railroad Tracks; • Monte Vista Avenue Street Widening from Holt Boulevard to the I–10 Interstate Freeway;
• Holt Boulevard and Mission Boulevard Street Improvements; • Central Avenue and Monte Vista Avenue Street Improvements.

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• I–10 Freeway Tunnel Underpass Improvements;
• San Antonio Channel Corridor improvements from the Pacific Electric Trail to Holt Boulevard.

Without advising the City of Montclair, SBCTA, in March 2026, changed the language in the City of Montclair Projects Fact Sheet with the following:
“* In response to rising project costs and other concerns, in September of 2025, the SBCTA Board voted not to move forward with the Gold Line Extension and instead explore more affordable transit alternatives, to better serve the City of Montclair.)” In making this change, SBCTA reconfirms it defunded the Gold Line extension to Montclair in violation of provisions contained in SBCTA Ordinance No. 04–01’s Transportation Expenditure Plan. At the time of adoption of Resolution No. 26–3509, the Gold Line Extension to Montclair continues to be listed as one of the “Regional Priorities within the San Bernardino Valley Area” on page 14 of the SBCTA Measure I Strategic Plan.

NOW, THEREFORE, BE IT RESOLVED that, for the reasons cited herein above, the Montclair City Council, through Resolution No. 26–3509, offers “conditional” approval of SBCTA Ordinance No. 26–1’s Transportation Expenditure Plan, including (i) continuation of the one–half of one percent retail transactions and use tax as provided for under SBCTA Ordinance No. 26–1, and (ii) the Transportation Expenditure Plan developed by the San Bernardino County Transportation Authority Board of Directors, attached to SBCTA Ordinance No. 26–1 as Exhibit “A”, provided the SBCTA Board, “prior to the call of election,” as provided for in Public Utilities Code Sections 180201 and 180206(c), comply with the following:

1. The SBCTA Board shall reverse its decision of September 3, 2025, to defund extension of the Gold Line Project to the Montclair Transportation Center;

2. The SBCTA Board shall fully restore the Gold Line Extension to Montclair as a Transportation Expenditure Plan Project as provided for in SBCTA Ordinance No. 04–01 and its Transportation Expenditure Plan, and as approved by more than 80 percent of the electorate at the November 2, 2004, General Election, and as promised over the past 21–plus years through the collective promises and commitments by the SBCTA Board of Directors and its executive officers to fund and build the Gold Line Extension to the Montclair Transportation Center;

3. The SBCTA Board fully recommit to funding and building the Gold Line Extension to the Montclair Transportation Center, and engage with METRO and the Gold Line Construction Authority (the “Interagency Partners”) and/or other entities as may be specified by law, for the purpose of extending the Gold Line to Montclair;

4. That SBCTA commit to work with its Interagency Partners to secure the necessary funding from available funding sources, including the State of California, for the purpose of designing and building the Gold Line Extension to Montclair, together with the current procurement to build the Gold Line from Pomona to Claremont, or later procurement if participation by SBCTA is outside the current design and/or construction phase for the Gold Line Extension Project from Pomona to Claremont; and

5. The SBCTA Board commit to funding ongoing maintenance and operation of the Gold Line Extension in San Bernardino County following completion of construction.

The SBCTA Board’s failure to act on each of the above as specified, or other remedy mutually agreed to by the City of Montclair and SBCTA, shall enjoin SBCTA from using the Montclair City Council’s “conditional” approval of Resolution No. 26–3509 in obtaining compliance with the requirements of Public Utilities Code Sections 180201 and 180206(b) and (c); i.e., “approval of the city councils representing . . . a majority of the cities in the county.”
BE IT FURTHER RESOLVED that the SBCTA Board’s failure to act on each of the above as specified shall enjoin SBCTA from using the Montclair City Council’s “conditional” approval of Resolution No. 26–3509 in obtaining compliance with the MONTCLAIR CITY COUNCIL MEETING – 03/16/2026 Page 94 of 142 Revised 03/16/2026
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requirements of Public Utilities Code Sections 180201 and 180206(b) and (c); i.e., “approval of the city councils representing . . . a majority of the cities in the county.” BE IT FURTHER RESOLVED that the Montclair City Council’s consideration or conditional approval of Resolution No. 26–3509 does not change, diminish, alter or otherwise affect the status of Montclair’s current claims against SBCTA under SBCTA Ordinance No. 04–01 as those claims relate to:

1. The SBCTA Board of Directors’ decision on September 3, 2025, to defund the Gold Line Extension Project to the Montclair Transportation Center; or

2. The SBCTA Board of Director’s decision on February 4, 2026, to reallocate funds previously committed to the Gold Line Extension to Montclair for other purposes; or

3. The decision by SBCTA executive staff to allegedly retaliate against Montclair by denying Montclair a letter of support for a U.S. Department of Transportation Better Utilizing Investments to Leverage Development (BUILD) grant application to acquire Caltrans–owned property at the Montclair Transportation Center “if the need for the acquisition is framed around the Gold Line or anticipated Gold Line operations . . . .”; or

4. Any future litigation related to Montclair’s outstanding claims against SBCTA.

APPROVED AND ADOPTED this XX day of XX, 2026.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3509 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2026, and that it was adopted by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
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