Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My Public Portal
About
02 February 10, 2021 Commission
MEETING AGENDA TIME/DATE: 9:30 a.m. / Wednesday, February 10, 2021 RIVERSIDE COUNTY TRANSPORTATION COMMISSION Pursuant to Governor Newsom's Executive Order N-29-20, (March 18, 2020), the meeting will only be conducted via video conferencing and by telephone. Please follow the instructions on the following page to join the meeting remotely. COMMISSIONERS Chair —Jan Harnik Vice Chair — V. Manuel Perez Second Vice Chair — Bob Magee Kevin Jeffries, County of Riverside, District 1 Karen Spiegel, County of Riverside, District 2 Chuck Washington, County of Riverside, District 3 V. Manuel Perez, County of Riverside, District 4 Jeff Hewitt, County of Riverside, District 5 David Happe / Alberto Sanchez, City of Banning Lloyd White / David Fenn, City of Beaumont Joseph DeConinck / Johnny Rodriguez, City of Blythe Linda Molina / Wendy Hewitt, City of Calimesa Jeremy Smith / Larry Greene, City of Canyon Lake Raymond Gregory / Mark Carnevale, City of Cathedral City Steven Hernandez / Denise Delgado, City of Coachella Wes Speake /Jim Steiner, City of Corona Scott Matas / Russell Betts, City of Desert Hot Springs Clint Lorimore / Todd Rigby, City of Eastvale Linda Krupa / Russ Brown, City of Hemet Dana Reed / Donna Griffith, City of Indian Wells Waymond Fermon / Oscar Ortiz, City of Indio Brian Berkson / Guillermo Silva, City of Jurupa Valley Kathleen Fitzpatrick / Robert Radi, City of La Quinta Bob Magee / Natasha Johnson, City of Lake Elsinore Bill Zimmerman / Dean Deines, City of Menifee Yxstain Gutierrez / To Be Appointed, City of Moreno Valley Scott Vinton / Lisa DeForest, City of Murrieta Ted Hoffman / Katherine Aleman, City of Norco Jan Harnik / Kathleen Kelly, City of Palm Desert Lisa Middleton / Dennis Woods, City of Palm Springs Michael M. Vargas / Rita Rogers, City of Perris Ted Weill / Charles Townsend, City of Rancho Mirage Chuck Conder / Erin Edwards, City of Riverside Alonso Ledezma / Crystal Ruiz, City of San Jacinto Matt Rahn / Maryann Edwards, City of Temecula Ben J. Benoit / Joseph Morabito, City of Wildomar Mike Beauchamp, Governor's Appointee Caltrans District 8 RIVERSIDE COUNTY TRANSPORTATION COMMISSION www.rctc.org MEETING AGENDA* *Actions may be taken on any item listed on the agenda 9:30 a.m. Wednesday, February 10, 2021 Pursuant to Governor Newsom's Executive Order N-29-20, (March 18, 2020), the meeting will only be conducted via video conferencing and by telephone. Please follow the instructions below to join the meeting remotely. INSTRUCTIONS FOR ELECTRONIC PARTICIPATION Join Zoom Meeting Join Zoom Meeting https://rctc.zoom.us/i/82338594659 Meeting ID: 823 3859 4659 One tap mobile +16699006833„82338594659# US For members of the public wishing to submit comment in connection with the Commission Meeting please email written comments to the Clerk of the Board at Imobley@rctc.org prior to February 9, 2021 at 5:00 p.m. and your comments will be made part of the official record of the proceedings. Members of the public may also make public comments through their telephone or Zoom connection when recognized by the Chair. In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to the meeting, which are public records relating to open session agenda items, will be available for inspection by members of the public prior to the meeting on the Commission's website, www.rctc.org. In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, Executive Order N-29-20, and the Federal Transit Administration Title VI, please contact the Clerk of the Board at (951) 787-7141 if special assistance is needed to participate in a Commission meeting, including accessibility and translation services. Assistance is provided free of charge. Notification of at least 48 hours prior to the meeting time will assist staff in assuring reasonable arrangements can be made to provide assistance at the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE Riverside County Transportation Commission Meeting Agenda February 10, 2021 Page 2 4. PUBLIC COMMENTS — Under the Brown Act, the Commission should not take action on or discuss matters raised during public comment portion of the agenda that are not listed on the agenda. Commission members may refer such matters to staff for factual information or to be placed on the subsequent agenda for consideration. 5. PUBLIC HEARING — ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PUBLIC DRAINAGE, UTILITY, FOOTING AND ACCESS EASEMENT INTERESTS IN CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NUMBER 101-140-031 (RCPNS 22099-1 AND 22099-2), FOR THE STATE ROUTE 71 AND STATE ROUTE 91 INTERCHANGE PROJECT IN RIVERSIDE COUNTY, CALIFORNIA Page 1 Overview This item is for the Commission to: 1) Conduct a hearing to consider the adoption of a Resolution of Necessity, including providing all parties interested in the affected property and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the Resolution of Necessity; 2) Make the following findings as hereinafter described in this report: a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; and d) The offer of just compensation has been made to the property owner. 3) Adopt Resolution of Necessity No. 21-004 described as "Adoption of a Resolution of Necessity for the Acquisition of public drainage, utility, footing and access easement interests in certain real property, by eminent domain, more particularly described as Assessor Parcel Po. 101-140-031 (RCPNs 22099-1 and 22099-2), for the State Route 71 and State Route 91 Interchange Project in Riverside County, California." 6. ADDITIONS / REVISIONS — The Commission may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Commission subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the Commission members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda. 7. CONSENT CALENDAR —All matters on the Consent Calendar will be approved in a single motion unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the Consent Calendar will be placed for discussion at the end of the agenda. 7A. APPROVAL OF MINUTES — JANUARY 13, 2021 Page 16 Riverside County Transportation Commission Meeting Agenda February 10, 2021 Page 3 7B. SINGLE SIGNATURE AUTHORITY REPORT Page 22 Overview This item is for the Commission to receive and file the Single Signature Authority report for the second quarter ended December 31, 2020. 7C. FISCAL YEAR 2019/20 COMMISSION AUDIT RESULTS Overview This item is for the Commission to: Page 24 1) Receive and file the Fiscal Year 2019/20 a) Comprehensive Annual Financial Report (CAFR); b) Local Transportation Fund (LTF) Financial and Compliance Report; c) State Transit Assistance (STA) Fund Financial and Compliance Report; d) State of Good Repair (SGR) Fund Financial and Compliance Report; e) Proposition 1B Rehabilitation and Security Project (Proposition 1B) Accounts Financial and Compliance Reports; f) Low Carbon Transit Operations Program (LCTOP) Account Financial and Compliance Reports; g) Single Audit Report; h) RCTC 91 Express Lanes Fund Financial Report; i) Auditor Required Communications Report; j) Agreed -Upon Procedures Report related to the Appropriations Limit Calculation; k) Agreed -Upon Procedures Report related to the Commuter Assistance Program (CAP) incentives; and I) Management certifications. 7D. STATE AND FEDERAL LEGISLATIVE UPDATE Page 324 Overview This item is for the Commission to receive and file an update on state and federal legislation. Riverside County Transportation Commission Meeting Agenda February 10, 2021 Page 4 7E. AGREEMENT FOR ON -CALL PAINTING SERVICES FOR THE COMMUTER RAIL STATIONS AND TOLL FACILITIES Overview This item is for the Commission to: Page 326 1) Award Agreement No. 21-24-013-00 to US National Corp DBA Jimenez Painting to provide on -call painting services for the commuter rail stations and toll facilities for a three-year term, with two two-year options to extend the agreement in an amount not to exceed $4.5 million; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement, on behalf of the Commission; and 3) Authorize the Executive Director, or designee, to execute task orders awarded to the contractor under the terms of the agreement. 7F. AMENDMENT TO CITY OF RIVERSIDE'S FY 2020/21 SHORT RANGE TRANSIT PLAN Page 382 Overview This item is for the Commission to: 1) Approve a $16,000 increase in the FY 2020/21 Local Transportation Fund (LTF) funding allocation for the city of Riverside (City); and 2) Amend the City's FY 2020/21 Short Range Transit Plan (SRTP) to increase the LTF operating allocation in the amount of $16,000 for preventative maintenance operating expenses. 7G. CHANGE ORDER TO AMEND THE INTERSTATE 15 EXPRESS LANES PROJECT TOLL SERVICES AGREEMENT WITH KAPSCH TRAFFICCOM USA TO PROVIDE MAINTENANCE SERVICES FOR THE 91 EXPRESS LANES ROADSIDE TOLLING SYSTEM Page 387 Overview This item is for the Commission to: 1) Approve Change Order No. 7B to Agreement No. 16-31-043-00 for the Interstate 15 Express Lanes Project (1-15 ELP) with Kapsch TrafficCom USA Inc. (Kapsch) to provide five years of maintenance services (March 2021 through February 2026) for the 91 Express Lanes Roadside Tolling System in the amount of $4,387,410, plus a contingency amount of $500,000, for a total amount not to exceed $4,887,410 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the change order on behalf of the Commission; and Riverside County Transportation Commission Meeting Agenda February 10, 2021 Page 5 3) Authorize the Executive Director or designee to approve contingency work up to the total amount not to exceed as required for the project. 8. ADOPT RESOLUTION NO. 21-001 RELATED TO PROCUREMENT POLICY MANUAL AND RESOLUTION NO. 21-002 RELATED TO ELECTRONIC SIGNATURE USE POLICY Overview This item is for the Commission to: Page 424 1) Approve the revised Riverside County Transportation Commission (RCTC) and Western Riverside County Regional Conservation Agency (RCA) Procurement Policy Manual (PPM) for the procurement and contracting activities undertaken by the agencies, pursuant to legal counsel review as to conformance to state and federal law; 2) Adopt Resolution No. 21-001, "Resolution of the Riverside County Transportation Commission Regarding the Revised Procurement Policy Manual"; 3) Approve the Electronic Signature Use Policy for the use of electronic signatures in lieu of manual signatures, pursuant to legal counsel review; and 4) Adopt Resolution No. 21-002, "Resolution of the Riverside County Transportation Commission Adopting the Electronic Signature Use Policy". 9. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 10. COMMISSIONERS / EXECUTIVE DIRECTOR REPORT Overview This item provides the opportunity for the Commissioners and the Executive Director to report on attended meetings/conferences and any other items related to Commission activities. 11. ADJOURNMENT The next meeting of the Commission is scheduled to be held on Wednesday, March 10, 2021, via Zoom. AGENDA ITEM 5 PUBLIC HEARING RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 10, 2021 TO: Riverside County Transportation Commission FROM: Hector Casillas, Right of Way Manager Marlin Feenstra, Project Delivery Director THROUGH: Anne Mayer, Executive Director SUBJECT: Adoption of a Resolution of Necessity for the Acquisition of Public Drainage, Utility, Footing and Access Easement Interests in Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Number 101-140-031 (RCPNS 22099-1 and 22099-2), for the State Route 71 and State Route 91 Interchange Project in Riverside County, California STAFF RECOMMENDATION: This item is for the Commission to: 1) Conduct a hearing to consider the adoption of a Resolution of Necessity, including providing all parties interested in the affected property and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the Resolution of Necessity; 2) Make the following findings as hereinafter described in this report: a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; and d) The offer of just compensation has been made to the property owner. 3) Adopt Resolution of Necessity No. 21-004 described as "Adoption of a Resolution of Necessity for the Acquisition of public drainage, utility, footing and access easement interests in certain real property, by eminent domain, more particularly described as Assessor Parcel Po. 101-140-031 (RCPNs 22099-1 and 22099-2), for the State Route 71 and State Route 91 Interchange Project in Riverside County, California." BACKGROUND INFORMATION: The Commission is being asked to consider the adoption of a Resolution of Necessity declaring its intent to acquire public drainage, utility and access easement and permanent footing easement interests in certain real property, by eminent domain, more particularly described as Assessor Parcel No. 101-140-031 (CPN 22099-1, 22099-2) for the construction related to the SR-71/SR-91 Interchange Project, in Riverside County, California (the Project). Agenda Item 5 1 The immediate need for the property acquisition is to proceed with the construction of the SR-71/SR-91 Interchange. The acquisitions are required for and will benefit the community by reducing traffic congestion and enhancing safety via a new freeway access point with entrance and exit ramps from SR -91 east to SR -71 north. A preliminary title report was obtained from Commonwealth Title Insurance Company to confirm and identify the record owner of the parcel affected by the Project. The Commission then served the affected property owner with a notice of the Commission's decision to appraise the property. The Commission had the property appraised and made an offer to the record owner. Negotiations have been unsuccessful for the purchase of the interests necessary for the Project. Negotiations will continue after adoption of a Resolution of Necessity for the property interest. Since an agreement has not been reached with the owner of record, it may be necessary to acquire the public drainage, utility, access and footing easement interests described in the attachments by eminent domain. The initiation of the eminent domain process is accomplished by the Commission's adoption of a Resolution of Necessity for the affected property. Description of Property to Be Acquired Assessor Parcel No. 101-140-031 (CPN 22099-1 and 22099-2) is owned by Green River Properties, LLC. The property is located at 4225 Prado Road, in Corona, Riverside County, California. The property is occupied. RCTC desires to acquire the portions of the Property to accommodate construction of the SR-71/SR-91 interchange. The legal descriptions and depictions of the property to be acquired is attached and marked as Exhibit "A." Project Description This Project is known as the SR-71/SR-91 Interchange Project. The Project is a partnership between RCTC and Caltrans. The Project is located at the SR -71/91 interchange and extends approximately one-half mile east of SR -71 to a mile and a quarter west of SR -71, and from SR -91 to approximately a mile and a half north of SR -91. The purpose of the Project is to reduce congestion, enhance travel reliability, improve traffic safety and reduce pollutants and emissions. The Project will replace the existing single -lane loop connector between eastbound SR -91 and northbound SR -71 with a new two-lane direct flyover ramp. The new, separate eastbound SR -91 on -ramp from Green River Road will be realigned to improve access to the interchange. The Project will include utility relocation, drainage improvements, erosion control and several habitat restoration areas. Temporary fencing will be placed around environmentally sensitive areas during construction. Agenda Item 5 2 Construction is expected to commence in June 2022 and extend through approximately August 2024. Hearings and Required Findings The action requested of the Commission at the conclusion of this hearing is the adoption of a Resolution of Necessity, authorizing the acquisition of real property interests by eminent domain. The property owner is Green River Properties, LLC, a California limited liability company. This will be a partial acquisition of permanent easements over portions of the Property. The property is further identified in the legal description and depiction attached hereto as part of Attachment 1. California eminent domain law provides that a public entity may not commence with eminent domain proceedings until its governing body has adopted a resolution of necessity, which resolution may only be adopted after the governing body has given each party with an interest in the affected property, or their representatives, a reasonable opportunity to appear and be heard on the following matters: 1. The public interest and necessity require the proposed project; 2. The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; 3. The real property to be acquired is necessary for the project; and 4. The offer of just compensation has been made to the property owner. A notice of the hearing was sent by first class mail to the property owner and stated the Commission's intent to consider the adoption of a resolution, the right of the property owner to appear and be heard on these issues, and that failure to file a written request to appear would result in a waiver of the right to appear and be heard. The Commission has scheduled this hearing at which all persons who filed a written request within 15 days of the date of notice was mailed may appear and be heard. The Commission's legal counsel mailed the required notices to the property owner, on January 11, 2021, in accordance with California Code of Civil Procedure, section 1245.235. The property owner was also invited to meet with Commission and Caltrans staff to address any concerns the property owner may have with the design of the Project in the manner proposed and the necessity of the acquisition. The four required findings are addressed as follows: 1. Public Interest and Necessity Require the Proposed Project The Project will reduce traffic congestion and enhance safety and will ensure Agenda Item 5 3 compliance with Caltrans' standards for design, resulting in a project that meets accepted standards for safety and operations. 2. The Project Is Planned Or Located In A Manner That Will Be Most Compatible With The Greatest Public Good And The Least Private Injury A thorough analysis was conducted to find the single best location for this Project. Environmental analyses and findings indicate that this site uniquely satisfies the engineering, public health, and environmental issues, and this location is the most compatible with the greatest public good. This location will result in the least private injury. 3. The Property Sought To Be Acquired Is Necessary For The Proposed Project As described above, a careful analysis was performed regarding this location and what property and property rights were needed, and these parcels meet all the desired characteristics for the construction of the improvements for the Project. Based on that analysis, the acquisition of the property is necessary for construction of the Project. 4. The Offer Of Just Compensation Has Been Made An appraisal was prepared by the Commission's appraiser Joyce L. Riggs, MAI, SR/WA, of Riggs & Riggs, Inc., to establish the fair market value of the real property the Commission is seeking to acquire from the interest owned by the property owner identified herein. An offer of just compensation was made to the property owner to purchase the property interest, based on the approved appraisal, as required by Section 7267.2 of the California Government Code. Although negotiated settlements may still be possible, and will be pursued by staff, it would be appropriate to commence the procedures to acquire the interests sought through eminent domain, to ensure that the property will be available to meet the time frames associated with the SR-71/SR-91 Interchange Project. Environmental Analysis Compliance with the California Environmental Quality Act has been satisfied by Caltrans' certification of an Environmental Impact Report in its role as lead agency on April 8, 2015. Fiscal Impact There is no fiscal impact as the amount of just compensation has been included in the Commission's fiscal year budget. Agenda Item 5 4 Notice of Public Hearing A notice of Hearing to Property Owners was mailed on January 11, 2021 to Green River Properties, LLC, the owner of record. Attachment: 1) Legal Definitions, Legal and Plat Descriptions 2) Resolution No. 21-004 Agenda Item 5 5 ATTACHMENT 1 Legal Definitions of Property Rights to be Acquired Assessor Parcel No. 101-140-031 The following defines the legal rights to be acquired by Riverside County Transportation Commission ("RCTC") for its proposed construction and maintenance of a new freeway -to -freeway connector from eastbound SR -91 to northbound SR -71, as well as related improvements to the SR -71/91 interchange. ("Project"). Public Drainage, Utility and Access Easement, refers to a non-exclusive easement for Public Drainage, Utility and Access Easement purposes, in favor of RCTC, and to its successors, and assigns. The property owner shall retain surface ingress, egress and parking rights, subject to RCTC's reasonable rights of access, subject to RCTC's public drainage easement rights. The property owner shall not be permitted to build any structures within the area of the utility easement. The non-exclusive Utility easement, in favor of RCTC, and to its successors, and assigns, grants the right to install and maintain subsurface utilities. The property owner shall retain all surface rights, subject to RCTC's right of reasonable access to the easement area for repair and maintenance of the subsurface utilities. The property owner shall not be permitted to build any structures within the area of the utility easement. The non-exclusive Access Easement, in in favor of RCTC, and to its successors, and assigns, grants the right to access the above -described drainage and utility easement areas for purposes of installing, maintaining, repairing and replacing public drainage or subsurface utilities within the easement area. The property owner shall retain surface ingress, egress and parking rights, subject to RCTC's reasonable rights of access as described above. 17336.01112\33511234.1 6 EXHIBIT A, PAGE 1 OF 7 EXHIBIT 'A' Legal Description A non-exclusive easement for Public Drainage_ Utility and Access Easement purposes. as more fully described in the Easement Definitions attached hereto as Exhibit A-1. located within a portion of Parcel 1 and Parcel IA as described in a Grant Deed recorded October 11. 1995. as Instrument No. 338652. of Official Records of Riverside County. also being a portion of Prado Road as described in Resolution No. 88-131. Resolution of the City Council of the City of Corona Stunnnarily Vacating a portion of Prado Road. recorded September 26. 1988 as Document No. 296349. Official Records of said County. located in the City of Corona. County of Riverside. State of California. more particularly described as follows: Commencing at the northwest corner of Parcel 1 as described in said Grant Deed. said point also being on the southerly line of State Route 91 as described in Grant Deed recorded December 18. 1969 as Instrument No. 129030. of Official Records of said Cotuiry and also as shown on State of California Right of Way Map No. 911514: Thence along the westerly line of said Parcel 1 South 00920'55" West 119.45 feet to the Point of Beginning: Thence North 89°54'35" East 19.02 feet: Thence North 00°52'48" West 74.93 feet to the beginning of a curve concave southeasterly having a radius of 40.00 feet: Thence northerly. northeasterly and easterly along said curve through a central angle of 76°32'58" an arc distance of 53.44 feet: Thence North 7S°40'10" East 148.65 feet: Thence North 12°08'16" West 16.90 feet to said southerly line of State Route 91: Thence along said southerly line North 75°36'14" East 140.88 feet: Thence North 77°31'20" East 79.27 feet: Thence North 77°17'43" East 79.27 feet to said southerly line of State Route 91: Thence along said southerly line North 81°36'08" East 101.47 feet: Thence South 08°23'52" East 31.53 feet: Thence South 81°28'25" West 147.56 feet: Thence South 75°33'45" West 79.40 feet: 08-RIV-091 PM -1.4-22099 (22099-1) 17336.02107\33590866.2 7 EXHIBIT A, PAGE 2 OF 7 Thence South 75°36'54" West 172.03 feet: Thence South 75°40'10" West 148.07 feet to the beginning of a curve concave southeasterly having a radius of 25.00 feet: Thence westerly. southwesterly and southerly along said carve through a central angle of 76'32'58" an arc distance of 33.40 feet: Thence South 00°52'48" East 110.14 feet: Thence South 89°53'58" West 34.78 feet to the ‘vesterly line of said Parcel 1A: Thence along the westerly line of said Parcel lA and Parcel 1 North 00°20'55" East 35.01 feet to the Point of Beginning. The bearings and distances for this survey are based upon the North American Datum of 1983 (NAD53) of the California Coordinate System of 1953 (CCS83). Zone VI. 2007.00 Epoch. Distances are grid. Divide by 0.99997930 to obtain ground distances. This real property description has been prepared by nie, or under my direction. in conformance with the Professional Land Surveyors Act. Prepared under the direction of: 02/03/20 Sean M. South. PLS 8233 Date 08-R1V-091 PM -1.4-22099 (77099-1) 17336.02107\33590866.2 8 EXHIBIT A, PAGE 3 OF 7 EXHIBIT "B" PARCEL # TITLE AREA APN 22099-1 PUBLIC DRAINAGE UTILITY & ACCESS EASEMENT 17,648 5F 101-140-031 P.O.C. PARCEL 1' UH 0 010 NES 101— ... � b.763.1-?' 1�53N SEE DETAIL "A' BELOW N81'36' a� � 9A _ —� 101.4 R ' SI �43fiB17a z5 147.56 ALII�L 5R7 9� 14,.�ul r1:01.7%.21,120.E 5 gip 'v X03 TN75.33 {� L+ 1115365AE }4gA 22099-1) br NV N8954'35'E 19.02 NOO'20 �F ., i� 8 e: - PUBUC DRAINAGE, UTILITY P iB J do ACCESS EASEMENT PARCEL163 S (A S?4. DOC 1985-338652 GREEN RIVER PROP. LLC Or--'7 APN 701-140-037 1 RS 103/19-24 \I n.-.. r.,-. RD l'�LJLJr1LJ N84'53'S8-E `-�I'34.78�-- PARCEL 1A PD / DOC 1995-338652 — '•''� �o / SZYLINE 5R91 N81'38' "E N81'36'08"E 47.79' P� z j0• 7'1 43 79.4 1 on 0166 792 ty-ITY 2° Ir y 1 _ DETAIL "A" 'J f. :� I C: 1pp, I.ANO SCALE: 1"=146' co LEGEND Sean IA. Smith a, No. 8233 5'). THIS EXHIBIT WAS PREPARED UN IRE 03 ,4 POC POINT OF COAENCEMENT POB POINT OF BEGINNING TTrTrT ACCESS aE` £ OF CIO SEAN M. SMITH, PLS 8233 DATE NRESTRICTION 91P 2R t• LIMITS OF DESCRIPTION NOTES APN:101-140-031 PARCEL 7 PUBLIC DRAINAGE & UTILITY ACCESS EASEMENT Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997930 to obtain ground distances. All distances ore in feet unless otherwise noted. PREPARED BY: PSOMAS 1500 IOWA AYE. SUITE 210 RnYERs(IE, CA 92507 (951) 757-8421 wow mina. com DATE: 12/21/2019 REV.: EA: 0F541 FA: DISTRICT COUNTY ROUTE PREPARED BY: SHEET NO, TOTAL SHEETS 08 RIM 91 AAP 1 1 17336.02107\33590866.2 9 EXHIBIT A, PAGE 4 OF 7 EXHIBIT 'A' Legal Description An easement for footing purposes in and to that portion of the land described as Parcel 1 in a Grant Deed recorded October 11, 1995, as Instrument No. 338652, of Official Records of Riverside County, located in the City of Corona, County of Riverside, State of California, more particularly described as follows: Commencing at the northwest corner of said Parcel 1, said point also being on the southerly line of State Route 91 as described in Grant Deed recorded December 18, 1969 as instrument No. 129030, of Official Records of said County and also as shown on State of California Right of Way Map No. 911514; Thence along said southerly line North 75°36'14" East 334.67 feet to the Point of Beginning; Thence North 77°31'20" East 79.27 feet; Thence North 77°17'43" East 79.27 feet to said southerly line; Thence along said southerly line the following two (2) courses: 1. South 81°36'08" West 47.79 feet; 2. South 75°36'14" West 110.94 feet to the Point of Beginning; The Bearings and distances for this survey are based upon the North American Datum of 1983 (NAD83) of the California Coordinate System of 1983 (CCS83), Zone VI, 2007.00 Epoch. Distances are grid. Divide by 0.99997930 to obtain ground distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Prepared under the direction of: Sean M. Smith, PLS 8233 Date 08-RIV-091 PM -1.4-(22099-2) 10 EXHIBIT A, PAGE 5 OF 7 EXHIBIT "B" PARCEL # TITLE AREA APN 22099-2 FOOTING EASEMENT 289 SF 101-140-031 SEE DETAL "A" BELOW SAM i __ --------------, P.O.C. 91 - --�'----- -- -' SR NW SINE 334.61' ; = `` 22099-2 PARCER 1' SLY �4*E N1g36 P.O.B. FOOTING EASEMENT APN LINDA1 -- / IP' 101 1 '5 / -- ----- I -------= PARCEL 1 DOC 1995-338652 GREEN RIVER PROP, LLC APN 101-140-031 RS 103/19-24 RD 1\ 1PRADO PARCEL 1A i/ DOC 1995-338652 S'LY LINE SR 91 S81'36'08"W 4 n� 1�09A NI I'1l'43„E 1g.23 N154\4 " N-1-1'3 12 0E 7g.2, --' �� DETAIL "A" P.O.B. N.T.S. 0' 50' 100' LAND SCALE: 1"=100' LEGEND ix a * Sean M. Smith 33 No. 8233 THIS EXHIBIT WAS PREPARED UNDER MY DIRECTION: POC POINT OF COMENCEMENT POB POINT OF BEGINNING T ACCESS RESTRICTION 1P�� \0FC CALTRANSR/WMAP 9152 SEAN M. SMITH, PLS 8233 DATE � LIMITS OF DESCRIPTION NOTES APN: 101-140-031 FOOTING PARCEL EASEMENT 1 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997930 to obtain ground distances. All distances are in feet unless otherwise noted. PREPARED BY: PSOMAS 1500 IOWA AVE, SUITE 210 RIVERSIDE, CA 92507 (951) 787-8421 www.psomas.com DATE: 01/21/2019 REV.: EA: FA: DISTRICT COUNTY ROUTE PREPARED BY: SHEET NO. TOTAL SHEETS 08 RIV 91 JAU 1 1 11 EXHIBIT A, PAGE 6 OF 7 4PAR 71-91 Plat 22099-2.txt Name: 22099-2 Footing Easement North: 2266862.7645' East: 6136664.5480' Segment #1 : Line Course: N77°31'20"E Length: 79.27' North: 2266879.8916' East: 6136741.9456' Segment #2 : Line Course: N77°17'43"E Length: 79.27' North: 2266897.3252' East: 6136819.2748' Segment #3 : Line Course: S81°36'08"W Length: 47.79' North: 2266890.3457' East: 6136771.9972' Segment #4 : Line Course: S75°36'14"W Length: 110.94' North: 2266862.7634' East: 6136664.5407' Perimeter: 317.27' Area: 289.44 Sq. Ft. Error Closure: 0.0073 Course: S81°21'25"W Error North: -0.00110 East: -0.00726 Precision 1: 43461.64 Page 1 12 EXHIBIT A, PAGE 7 OF 7 ATTACHMENT 2 RESOLUTION NO. 21-004 ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PUBLIC DRAINAGE, UTILITY, FOOTING AND ACCESS EASEMENT INTERESTS IN CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 101-140-031 (RCPNS 22099-1 AND 22099-2), FOR THE STATE ROUTE 71 AND STATE ROUTE 91 INTERCHANGE PROJECT IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire public drainage, utility, footing, and access easement interests in certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 101-140- 031 (RCPNs 22099-1 and 22099-2) for the construction related to the State Route 71 and State Route 91 Interchange Project ("SR -71/91 Interchange Project") in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, Pursuant to Governor Newsom's Executive Order N-29-20, (March 18, 2020), the meeting will only be conducted via video conferencing and by telephone. The Commission scheduled a public hearing for Wednesday, February 10, 2021 at 9:30 a.m., via Zoom Meeting https://rctc.zoom.us/j/82338594659 Meeting ID: 823 3859 4659 and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner was afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to Section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for the fee interest in the property to be acquired is for the SR -71/91 Interchange Project in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. 13 Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal descriptions, descriptions and plat maps of the interests to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined and described in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be 17336.02107\33589655.1 14 required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non -material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 10th day of February, 2021. Jan Harnik, Chair Riverside County Transportation Commission ATTEST: Lisa Mobley, Clerk of the Board for Riverside County Transportation Commission 15 Indian Wells (760) 568-2611 Irvine (949) 263-2600 Los Angeles (213) 617-8100 Manhattan Beach (310) 643-8448 Mark A. Easter (951) 826-8237 mark.easter@bbklaw.com File No. 17336,02107 VIA US MAIL BEST BEST & KRIEGER ATTORNEYS AT LAW 3390 University Avenue, 5th Floor, P.O. Box 1028, Riverside, CA 92502 Phone: (951) 686-1450 I Fax: (951) 686-3083 1 www.bbklaw.com January 11, 2021 Lisa Mobley Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street Riverside, CA 92501 Dear Lisa: Ontario (909) 989-8584 Sacramento (916) 325-4000 San Diego (619) 525-1300 Walnut Creek (925) 977-3300 Washington, DC (202) 785-0600 Re: SR -71/91 Interchange Project Notice of Hearing to Property Owners of Resolution of Necessity Hearing Scheduled for February 20, 2021, Assessor Parcel No. 101-140-031 Attached is the original Notice of Hearing to Property Owner, with proof of mailing, of the hearing on the adoption of a Resolution of Necessity which is scheduled for February 10, 2021. Copies of the original. Notice were timely mailed on January 11, 2021. It will be necessary for you to note the date on the proof of mailing of the notice at the hearing. Also attached is a copy of a letter to the property owner advising of a meeting with Caltrans that is scheduled to take place prior to the hearing. Please do not hesitate to contact me should you have any questions or concerns. Sincerely yours, Mark A. Easter of BEST BEST & KRIEGER LLP Attachments 17336.02107\33593508.1 01/09/21 11:59AM NOTICE OF HEARING TO PROPERTY OWNER Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, February 10, 2021, at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider the adoption of a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is the construction of the SR-71/SR-91 Interchange Improvement Project, in Riverside County, California. The definitions of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought tobe acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with RCTC to appear and be heard within 15 days from the date that this Notice is mailed may result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. NOTE: Pursuant to Governor Newsom's Executive Order N-29-20, (March 18, 2020), the meeting will only be conducted via video conferencing and by telephone. Please follow the instructions below to join the meeting remotely. INSTRUCTIONS FOR ELECTRONIC PARTICIPATION Join Zoom Meeting https://rctc.zoom.us/i/83197139745 Meeting ID: 8319713 9745 One tap mobile +16699006833„83197139745# US For members of the public wishing to submit comment in connection with the Commission Meeting please email written comments to the Clerk of the Board at lmobley@rctc.org prior to February 9, 2021 at 5:00 p.m. and your comments will be made part of the official record of the proceedings. Members of the public may also make public comments through their telephone or Zoom connection when recognized by the Chair. In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to the meeting, which are public records relating to open session agenda items, will be available for inspection by members of the public prior to the meeting on the Commission's website, www.rctc.org. In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, Executive Order N-29-20, and the Federal Transit Administration Title VI, please contact the Clerk of the Board at (951) 787-7141 if special assistance is needed to participate in a Commission meeting, including accessibility and translation services. Assistance is provided free of charge. Notification of at least 48 hours prior to the meeting time will assist staff in assuring reasonable arrangements. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Lisa Mobley Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: January 11, 2021 Wednesday, February 10, 2021 9:30 a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BEST & KRIEGER LLP By: Mark A. Easter Attorneys for Riverside County Transportation Commission Legal Definitions of Property Rights to be Acquired Assessor Parcel No. 101-140-031 The following defines the legal rights to be acquired by Riverside County Transportation Commission ("RCTC") for its proposed construction and maintenance of a new freeway -to -freeway connector from eastbound SR -91 to northbound SR -71, as well as related improvements to the SR -71/91 interchange. ("Project"). Public Drainage, Utility and Access Easement, refers to a non-exclusive easement for Public Drainage, Utility and Access Easement purposes, in favor of RCTC, and to its successors, and assigns. The property owner shall retain surface ingress, egress and parking rights, subject to RCTC's reasonable rights of access, subject to RCTC's public drainage easement rights. The property owner shall not be permitted to build any structures within the area of the utility easement. The non-exclusive Utility easement, in favor of RCTC, and to its successors, and assigns, grants the right to install and maintain subsurface utilities. The property owner shall retain all surface rights, subject to RCTC's right of reasonable access to the easement area for repair and maintenance of the subsurface utilities. The property owner shall not be permitted to build any structures within the area of the utility easement. The non-exclusive Access Easement, in in favor of RCTC, and to its successors, and assigns, grants the right to access the above -described drainage and utility easement areas for purposes of installing, maintaining, repairing and replacing public drainage or subsurface utilities within the easement area. The property owner shall retain surface ingress, egress and parking rights, subject to RCTC's reasonable rights of access as described above. 17336.01112\33511234.1 EXHIBIT A, PAGE 1 OF 7 EXHIBIT 'A' Legal Description A non-exclusive ease;menu for Public Drainage. Utility and Access Easement purposes, as more fully described in the Easement Definitions attached hereto as Exhibit A-1. located within a portion of Parcel 1 and Parcel lA as described in a Gant Deed recorded October 11. 1995. as Instrument No. 338652. of Official Records of Riverside County. also being a portion of Prado Road as described in Resolution No. 88-131. Resolution of the City Council of the City of Corona Suuiunarily Vacating a portion of Prado Road. recorded September 26. 1988 as Docrunent No. 296349. Official Records of said County. located in the City of Corona. County of Riverside. State of California. more particularly described as follows: Commencing at the northwest corner of Parcel.1 as described in said Grant Deed. said point also being on the southerly line of State Route 91 as described in Grant Deed recorded December 18, 1969 as lnstnunent No. 129030. of Official Records of said County and also as shown on State of California Right of Way Map No. 911514: Thence along the westerly line of said Parcel 1 South 00`20'55" West 119.45 feet to the Point of Beginning: Thence North 39`54'35" East 19.02 feet Thence North 00'52'48" Nest 74.93 feet to the beginning of a curve concave southeasterly having a radius of 40..00 feet: Thence northerly, northeasterly and easterly along said c an arc distance of 53.44 feet: h a central angle Thence North 7 5'40'10" East 148.65 feet: Thence North 12°05'16" West 16,90 feet to said southerly line of State Route 91: Thence along said souutlier1y line North 75`36'14" East 140.88 feet' Thence North 77'31'20" East 79.27 feet: Thence North 77'17'43" East 9.27 feet to said southerly line of;State Route 91: Thence along said southerly line North S1'36'03" East 101.47 feet: Thence South 08'23'52°' East 31.53 feet: Thence South 81'28'25" West 147,56 feet: Thence South 75`33'45" Nest 79,40 feet: 0S-RIV-091 Phi -1.4-.2099 (22099-1) 17336.02107\33590866.2 EXHIBIT A, PAGE 2 OF 7 Thence South 75`36'54" West 172 03 feet: Thence South 75°40'10" ?Vest 148.07 feet to the beginning of a curve concave sotrthe€tsterly havins a radius of 25.00 feet: Thence westerly, southwesterly and southerly along said curve through a central angle of 76`3258" an arc distance of 33.40 feet: Thence South 00=52'48" East 110.14 feet; Thence South S9`53'5S" West 34.78 feet to the s esterly line of said Parcel 1A Thence along the westerly line of said Parcel lA and Parcel 1 North 00'20'55- East 35.01 feet to the Point of Beginning. The bearings and distances for this survey are based upon the North American Dattun of 1983 (NADS3) of the California Coordinate System of 1983 (CCS83). Zone VL 2007,00 Epoch. Distances are grid. Divide by 0.99997930 to obtain ground distances. This real property description has been prepared by me. or under my direction, in conformance itln tine Professional Land Surveyors Act. Prepared under the direction of: 02.'03 20 n. PLS 8233 Date 08 -RIB` -091 PM -1.4-22099 (22099-1) 7336.02107\33590866.2 EXHIBIT A, PAGE 3 OF 7 EXHIBIT "B" PARCEL 22099-1 ROC. NW CCR. PARCEL 1' TITLE PUBLIC DRAINAGE UTILITY & ACCESS EASEMENT NOTES THIS E S'L-Y AREA 17,648 SF SEE DTdL PUBLIC DRAINAGE, UTILITY In ACCESS EASEMENT 792 APN 101-140-031 PARCEL 1 DOC 1995-338652 GREEN MDER PROP, LLC APN 101--1.40-©31 RS 103/19-24 PARCEL 1A IOC 1995-338652 DETAIL "A' N.T.S. S'LY LINE SR 91 N;1' :6'0& -- 20 g,2 Q 54' 100 SCALE: 1 EGEND POC POINT OF COMENCEMENT P0B POINT OF BEGINNING ACCESS RESTRICTION PER CALTRANS R/MO MAP 91521 LIMITS OF DESCRIPTION CoordSnotes and bearings are on CCS 1983t2007.002 Zone 6. Distances APN:101-140-©31 and stationing are grid distances. PARCEL 1 Divide by 0.99997930 to obtain PUS DRAINAGE 1 UTILITY ACCESS EASEMENT ground distances. All distances are In feet unless otherwise noted. PREPARED BY ___ �T� DATE: 12129/2019 REV.: EA: 0FS41 FA: P S ©M A S 1300 Ia1VA AVE, SUITE 210 RIVEASK)EE, CA 92507 (951) 707-6121 ..w.pmmortom DISTRICT COUNTY RIV ROUTE PREPARED BY AAP SHEET TOTAL SHEETS 17336.02107\33590866.2 EXHIBIT A, PAGE 4 OF 7 EXHIBIT 'A' Legal Description An easement for footing purposes in and to that portion of the land described as Parcel 1 in a Grant Deed recorded October 11, 1995, as Instrument No. 338652, of Official Records of Riverside County, located in the City of Corona, County of Riverside, State of California, more particularly described as follows: Commencing at the northwest corner of said Parcel 1, said point also being on the southerly line of State Route 91 as described in Grant Deed recorded December 18, 1969 as instrument No. 129030, of Official Records of said County and also as shown on State of California Right of Way Map No. 911514; Thence along said southerly line North 75°36'14" East 334.67 feet to the Point of Beginning; Thence North 77°31'20" East 79.27 feet; Thence North 77°17'43" East 79.27 feet to said southerly line; Thence along said southerly line the following two (2) courses: 1. South 81°36'08" West 47.79 feet; 2. South 75°36'14" West 110.94 feet to the Point of Beginning; The Bearings and distances for this survey are based upon the North American Datum of 1983 (NAD83) of the California Coordinate System of 1983 (CCS83), Zone VI, 2007.00 Epoch. Distances are grid. Divide by 0.99997930 to obtain ground distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Prepared under the direction of: Sean M. Smith, PLS 8233 Date 08-RIV-091 PM -1.4-(22099-2) EXHIBIT A, PAGE 5 OF 7 EXHIBIT "B" PARCEL # TITLE AREA APN 22099-2 FOOTING EASEMENT 289 SF 101-140-031 SEE DETAL "A" BELOW 9/A 7�okyVe g% / /� -- -' - -- P. NW COR. , Y LINE $ 9 4.6' - --' 22099-2 PARCEL 1, ___STY 1415'" 1 -- `r P.OB. FOOTING EASEMENT LINDA -14 APN1 ,`k�` 1g 165 cS \ / '� I w 1/.. _ --- RS ... DOC 1995E 338652 GREEN RIVER PROP, LLC APN 101-140-031 103/19-24 PRADO RD 1\ I_� / PARCEL 1A DOC 1995-338652 110 0A, . 6�1A" x.0 . \°- 1411.3120E "11 ‘45.,..v1/401 S'LY LINE SR 91 S81' '0 " 1411'1143 E 19.21 N1 DETAIL "A" ' P.OB. N.T.S. 0' 50' 100' LAND SCALE: 1�"=100' S�Lc� o\o'c''‘'*\- LEGEND o ce a- Sean M. Smith No. 8233 % THIS EXHIBIT WAS PREPARED UNDER MY DIRECTION: POC POINT OF COMENCEMENT POB POINT OF BEGINNING RESTRICTION PER s T 1 1 1 1 1 r ��\P qT CALTRANS R/W MAP 91521 \� SEAN M. SMITH, PLS 8233 DATE of Cp LIMITS OF DESCRIPTION NOTES APN:101-140-031 PARCEL 1 FOOTING EASEMENT Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997930 to obtain ground distances. All distances are in feet unless otherwise noted. PREPARED BY: PSOMAS 1500 IOWA AVE, SUITE 210 RIVERSIDE, CA 92507 (951) 787-8421 www.paomaa.com DATE: 01/21/2019 REV.: EA: FA: DISTRICT COUNTY ROUTE PREPARED BY: SHEET NO. TOTAL SHEETS 08 RIV 91 JAU 1 1 EXHIBIT A, PAGE 6 OF 7 4PAR 71-91 Plat 22099-2.txt Name: 22099-2 Footing Easement North: 2266862.7645' East: 6136664.5480' Segment #1 : Line Course: N77°31'20"E Length: 79.27' North: 2266879.8916' East: 6136741.9456' Segment #2 : Line Course: N77°17'43"E Length: 79.27' North: 2266897.3252' East: 6136819.2748' Segment #3 : Line Course: S81°36'08"W Length: 47.79' North: 2266890.3457' East: 6136771.9972' Segment #4 : Line Course: S75°36'14"W Length: 110.94' North: 2266862.7634' East: 6136664.5407' Perimeter: 317.27' Area: 289.44 Sq. Ft. Error Closure: 0.0073 Course: S81°21'25"W Error North: -0.00110 East: -0.00726 Precision 1: 43461.64 Page 1 EXHIBIT A, PAGE 7 OF 7 PROOF OF MAILING NOTICE I, Peggy L. Barnes, acting on behalf of the Riverside County Transportation Commission, hereby certify that on January 11, 2021, I mailed a copy of the attached notice by first-class mail to the following owners and other interested parties of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 101-140-031 (R/WPNs 1169-1 and 1169-2): Steven L. Craig Green River Properties, LLC 4100 MacArthur Boulevard, Suite 200 Newport Beach, CA 92260 K. Erik Friess ALLEN MATKINS 1900 Main Street, 5th Floor Irvine, CA 92614-7321 (940) 851-5478 Dated: January 11, 2021 Record Owner Courtesy Copy ANif 1/ ✓ Peggy L. Barnes RIVERSIDE COUNTY TRANSPORTATION COMMISSION January 6, 2021 4080 Lemon Street, 3rd Floor • Riverside, CA Mailing Address: P.O. Box 12008 • Riverside, CA 92502-2208 951.787.7141 • 951.787.7920 • www.rctc.org Green River Properties, LLC 4100 MacArthur Boulevard, Suite #200 Newport Beach, CA 92260 Re: District Condemnation Evaluation Meeting SR-71/SR-91 Interchange Project Assessor Parcel Number (APN): 101-140-031 Property Address: 4225 Prado Road, Corona, CA 92880 Dear Property Owner: The Riverside County Transportation Commission (RCTC) is in the process of acquiring property in connection with the State Route 71 and State Route 91 Interchange Project (Project). On January 16, 2015, Overland, Pacific & Cutler, LLC, on behalf of RCTC, presented an offer to purchase a portion of your property, to construct the Project. On August 8, 2017, due to design changes requested by the owner, Overland, Pacific & Cutler, LLC, on behalf of RCTC, presented a 2nd offer to purchase a portion of your property to construct the Project. On March 18, 2020, due to changes requested by the owner to the final design, Overland, Pacific & Cutler, LLC, on behalf of RCTC, presented a 3rd offer to purchase a portion of your property to construct the Project. As part of the acquisition process, RCTC's Project Management team and Caltrans representatives would like to meet with you and/or your representative prior to the Resolution of Necessity hearing scheduled for February 10, 2021 to discuss any design related issues of the Project and its potential impacts on your property. Matters of compensation will not be discussed at this meeting. We are proposing to meet with you on Wednesday January 13th at 1:00 pm via Zoom web -based video conferencing. Please see the Zoom meeting information below: Zoom web -based conferencing log -in information: Join Zoom Meeting https://rctc.zoom.us/i/7898122866?pwd=blUrY3I5ZII4bIQxVnZZQihLN FdpUT09 Meeting ID: 789 812 2866 Passcode: rctc One tap mobile +16699006833„7898122866#,,,,*169753# US (San Jose) +12532158782„7898122866#„„*169753# US (Tacoma) Dial by your location +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 301 715 8592 US (Washington D.C) +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) Meeting ID: 789 812 2866 Passcode: 169753 Find your local number: https://rctc.zoom.us/u/kekZkuuKG0 Please be advised that if we do not receive a reply from you or if you choose not to participate in the District Condemnation Evaluation Meeting (DCEM), the management team will still hold the meeting on January 13, 2021 at 1 pm. The DCEM will be held via zoom using the login information provided in this letter. The team will review your recent correspondence to provide a response and to ensure that all measures have been taken to minimize the impacts to your property. Once the issues have been reviewed, you will be contacted. We encourage you to attend the meeting. It is our hope that we will be able to reach a mutually agreeable settlement with you. As we continue with the negotiations, we will also continue to pursue possession through the alternate legal course as our project schedule requires that we obtain the necessary property rights in the next few months. If you would like to meet, please contact Roy Guinaldo at (562) 304-2000 to schedule an appointment. If you need any further information on this matter, please contact the undersigned at (951) 787-7141. Sincerely, Hector Casillas Right of Way Manager Allen Matkins VIA EMAIL/FEDEX January 25, 2021 Lisa Mobley, Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 Email: lmobley@rctc.org Allen Matkins Leck Gamble Mallory & Natsis LLP Attomeys at Law 1900 Main Street, 5*h Floor 1 hvine, CA 92614-7321 Telephone: 949.553.1313 1 Facsimile: 949.553.8354 www.allenmatkins.com K. Erik Friess E-mail: rfriess@allenmatkins.com Direct Dial: 949.851.5478 File Number: 390807-00001/001277773 Re: 4225 Prado Road, Corona, CA (APN 101-140-031): Request to be Heard at the RCTC's February 10, 2021, Hearing on its Proposed Resolution of Necessity Dear Ms. Mobley: This firm represents Green River Properties, LLC, the owner of the property that is the subject of the Riverside County Transportation Commission's January 11, 2021, notice of hearing regarding the RCTC's intent to adopt a resolution of necessity authorizing partial condemnation of real property interests from Green River Properties' property located at 4225 Prado Road, Corona, for use in developing the SR 71 and SR 91 Interchange Project. The City proposes to hold its hearing on the resolution of necessity on February 10, 2021, at 9:30 a.m. at the Board of Supervisors Chambers located at 4080 Lemon Street, Riverside, California. This letter constitutes Green River Properties' request to appear and be heard on the intended resolution of necessity. This letter also provides notice that Green River Properties intends to, and hereby does, object to the RCTC's adoption of the proposed resolution of necessity. Green River Properties reserves the right to submit additional comments and objections in advance of the February 10 hearing. KEF:slp Very truly yours, K. Erik Friess Los Angeles 1 Orange County 1 San Diego 1 Century City 1 San Francisco Allen Matkins VIA EMAIL/FEDEX February 9, 2021 Lisa Mobley, Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 Email: lmobley@rctc.org Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law 1900 Main Street, 5`s Floor 1 Irvine, CA 92614-7321 Telephone: 949.553.1313 1 Facsimile: 949.553.8354 www.allenmatkins.com K. Erik Friess E-mail: rfriess@allenmatkins.com Direct Dial: 949.851.5478 File Number: 390807-00001/001280002 Re: Objections to Riverside County Transportation Commission's February 10, 2021, Hearing on a Proposed Necessity for Condemnation of 4225 Prado Road, Corona (APN 101-140-031) in Connection with RCTC's SR 71/SR 91 Interchange Project Dear Ms. Mobley: As you know from my prior correspondence, this firm represents Green River Properties, LLC, the owner of the property located at 4225 Prado Road, Corona (APN 101-140-031), that is the subject of the Riverside County Transportation Commission's February 10, 2021, hearing on a resolution of necessity authorizing condemnation of Green River Properties' property in connection with the RCTC's SR 71 and SR 91 Interchange Project. On January 25, 2021, we sent you Green River Properties' request to appear and be heard on the matters referred to in the RCTC's notice of hearing. We submit this letter because the RCTC failed to make a proper statutory written offer to Green River Properties in light of the RCTC's unnecessarily overbroad easement. And the RCTC's Board's expected rubberstamping of a decision that the RCTC's staff long ago made to condemn this property is not supported by the law. This letter details Green River Properties' objections to the RCTC's proposed resolution of necessity. We request that copies of this objection letter be distributed to all RCTC decision makers prior to their considering the adoption of any such resolution of necessity. Green River Properties reserves the right to make further and different objections virtually at the hearing scheduled by Zoom. Los Angeles 1 Orange County 1 San Diego Century City San Francisco Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law Lisa Mobley, Clerk of the Board City Clerk of Corona February 9, 2021 Page 2 OBJECTIONS 1. The RCTC has not satisfied state -mandated prerequisites for adopting a resolution of necessity. More specifically, the RCTC failed to make an offer of just compensation based upon a proper appraisal of the property. Thus, the RCTC cannot adopt a resolution of necessity. Under California Eminent Domain Law, a condemning agency must comply with several procedural prerequisites before adopting a resolution of necessity and instituting a condemnation action. Among other requirements, the condemning agency: (1) must appraise the fair market value of the property to be condemned; (2) must make an offer of just compensation reflective of that value; (3) must provide a written statement explaining the basis of the agency's determination of fair market value; and (4) must engage in good faith negotiations before initiating a condemnation action. (Gov. Code, §§ 7267.1, 7267.2; Code Civ. Proc., § 1245.230.) The RCTC has not completed the above -listed prerequisites for adopting a resolution of necessity to condemn Green River Properties' property. And it is not legal for the RCTC's Board to adopt a resolution of necessity that simply rubberstamps a decision that the RCTC has already made. (Redevelopment Agency v. Norm's Slauson (1985) 173 Ca1.App.3d 1121, 1125-1126.) Specifically, the RCTC must pay Green River Properties for the fair market value of the property taken. (Cal. Const., art. I, § 19; Code Civ. Proc., § 1263.310.) Accordingly, the RCTC's appraisal must reflect the fair market value of Green River Properties' property and take into account all relevant considerations. Here, however, the RCTC's appraisal is seriously defective. Because of these defects in the appraisal, the RCTC has not properly made an offer pursuant to Government Code section 7267.2, and the RCTC cannot make a finding that it has. Thus, the RCTC cannot properly adopt a resolution of necessity. For example: • The RCTC valued the property as vacant land only. As an initial matter, the RCTC's appraisers concluded that the non-exclusive utility access and permanent easement will not impact the property's buildings and operations, and, on that basis, valued the property to be taken as vacant land only. This violates standard valuation principles. The appraisal itself states that the subject parcel "is improved with three industrial buildings with open parking and related site improvements." However, the appraisers disregarded such developments in their valuation, which is improper. Further, by defining the property as "land only," the appraisers excluded from their analysis various severance damages (as discussed below). No law allows RCTC to appraise an improved property using the fiction that it is vacant. Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law Lisa Mobley, Clerk of the Board City Clerk of Corona February 9, 2021 Page 3 • The RCTC's appraisal undervalued the fee value of the land. The RCTC's appraisal is based on inferior comparable sales. Those comparable sales included properties that were unentitled at the time of closing, and the sales did not have finished lots for development. Even if the RCTC had a basis for valuing this improved land as vacant, the RCTC would have had to use properties with finished lots as comparable sales. Thus, these land sales are not reflective of Green River Properties' property value. • The RCTC failed to assess the obvious severance damages. In tandem with valuing the property as vacant land only, the appraisal concluded that the RCTC's utility access and permanent easement will have no negative impact on the property's buildings and operations. But there is no substantive evidence to support this conclusion. And facts on the ground strongly demonstrate that the permanent easement will indeed have significant impacts on the ongoing operations of the Green River Properties' tenants. For example, the RCTC is taking parking space, which is already limited on the property. This will directly impact the tenants' business and the accessibility for their employees and customers. And the appraisal fails to consider the construction impacts to the tenants (e.g., visibility of the tenants' business, dust, and noise). These damages should have been considered in the RCTC's appraisal and must now be included in the RCTC's offer. • The RCTC is still negotiating the scope of its non-exclusive drainage/utility access and permanent easement with Green River Properties. The RCTC's appraisal is overly broad in its description of the RCTC's drainage/utility access and permanent easement. And the RCTC recognizes this and is now negotiating a new scope with Green River Properties. Any change in the scope of the RCTC's taking will subsequently change the RCTC's appraisal and offer. Thus, the RCTC cannot approve this resolution of necessity until the RCTC's drainage utility access and permanent easement are defined and the appraisal is revised to reflect the new fair market value. Further, because the evidence presented in these objections establishes that the RCTC's appraisal is defective, the RCTC must commission a new or updated appraisal and make a new offer before proceeding with a resolution of necessity. (See 25 Cal. Code Reg., ¶ 6182(i)(2).) Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law Lisa Mobley, Clerk of the Board City Clerk of Corona February 9, 2021 Page 4 2. The RCTC's offer of just compensation failed to reflect the proper fair market value of Green River Properties' property; thus, the RCTC's negotiations based on the defective appraisal were in bad faith. As discussed above, the RCTC's appraisal of Green River Properties is defective, and RCTC must commission a new appraisal and make a new offer before it can approve a resolution of necessity. Instead, the RCTC made a below -market offer to Green River Properties and then proceeded to negotiate that low -ball offer in bad faith. Specifically, on January 9, 2015, the RCTC made an initial offer to purchase a portion of Green River Properties' property for approximately $207,000 based on the defective appraisal of the property. Green River Properties rejected the RCTC's initial offer for the reasons stated above. On July 24, 2017, the RCTC made a second offer for $249,000, which Green River Properties again rejected. On March 6, 2020, the RCTC presented its final offer for $183,000. And again, Green River Properties rejected the offer since it was not reflective of fair market value. Put simply, the RCTC has not made the required statutory offer and has not negotiated in good faith with Green River Properties. Thus, the RCTC has not complied with state law, and its Board cannot make a finding that it has. Because the evidence in these objections establishes that the RCTC's appraisal is defective, the RCTC must commission a new or updated appraisal and only then pursue a resolution of necessity. (See 25 Cal. Code Reg., § 6182(i)(2).) Thus, the RCTC cannot properly adopt a resolution of necessity at this meeting. 3. Conclusion. The RCTC cannot validly adopt any proposed resolution of necessity to condemn Green River Properties' property. Green River Properties therefore respectfully requests that the RCTC (1) not proceed with the adoption of any resolution of necessity and that the RCTC instead (2) make a proper offer to purchase. Very truly yours, K. Erik Friess KEF:slp Indian Wells (760) 568-2611 Irvine (949) 263-2600 Los Angeles (213) 617-8100 Manhattan Beach (310) 643-8448 Ontario (909) 989-8584 Peggy L. Barnes (951) 826-8357 peggy.barnes@bbklaw.com File No. 17336.02107 BEST BEST & KRIEGER ATTORNEYS AT LAW 3390 University Avenue, 5th Floor, P.O. Box 1028, Riverside, CA 92502 Phone: (951) 686-1450 I Fax: (951) 686-3083 1 www.bbklaw.com February 3, 2021 K. Erik Riess Kelsey Mills Allen Matkins 1900 Main Street, 5th Floor Irvine, CA 92614-7321 Re: Resolution of Necessity Hearing, February 10, 2021 Your Client: Green River Properties, LLC Dear Rick and Kelsey: Riverside (951) 686-1450 Sacramento (916) 325-4000 San Diego (619) 525-1300 Walnut Creek (925) 977-3300 Washington, DC VIA E-MAIL ONLY We were requested by the Clerk of the Board to clarify that the upcoming Commission meeting that involves your client's property at 4225 Prado Road, Corona, CA (Assessor Parcel No. 101-140-031) will be conducted via ZOOM only, not at the physical location indicated on the first page of the notice. A copy of the Notice of Hearing is attached. Please refer to the ZOOM information contained on the second and third pages of the notice. If you have question, do not hesitate to contact Mark Easter or me. Sincerely, Peggy L. Barnes Paralegal Attachment: Notice of Hearing Copy: Lisa Mobley, Clerk of the Board 17336.02107\33668604.1 NOTICE OF HEARING TO PROPERTY OWNER Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, February 10, 2021, at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider the adoption of a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is the construction of the SR-71/SR-91 Interchange Improvement Project, in Riverside County, California. The definitions of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with RCTC to appear and be heard within 15 days from the date that this Notice is mailed may result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. NOTE: Pursuant to Governor Newsom's Executive Order N-29-20, (March 18, 2020), the meeting will only be conducted via video conferencing and by telephone. Please follow the instructions below to join the meeting remotely. INSTRUCTIONS FOR ELECTRONIC PARTICIPATION Join Zoom Meeting hitps:/Irctczoom. us/i/83197139745 Meeting ID: 8319713 9745 One tap mobile +16699006833„83197139745# US For members of the public wishing to submit comment in connection with the Commission Meeting please email written comments to the Clerk of the Board at lmobley@rctc.org prior to February 9, 2021 at 5:00 p.m. and your comments will be made part of the official record of the proceedings. Members of the public may also make public comments through their telephone or Zoom connection when recognized by the Chair. In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to the meeting, which are public records relating to open session agenda items, will be available for inspection by members of the public prior to the meeting on the Commission's website, www. rctc. org. In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, Executive Order N-29-20, and the Federal Transit Administration Title VI, please contact the Clerk of the Board at (951) 787-7141 if special assistance is needed to participate in a Commission meeting, including accessibility and translation services. Assistance is provided free of charge. Notification of at least 48 hours prior to the meeting time will assist staff in assuring reasonable arrangements. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Lisa Mobley Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: January 11, 2021 Wednesday, February 10, 2021 9:30 a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BEST & KRIEGER LLP By: Mark A. Easter Attorneys for Riverside County Transportation Commission PROOF OF MAILING NOTICE I, Peggy L. Barnes, acting on behalf of the Riverside County Transportation Commission, hereby certify that on January 11, 2021, I mailed a copy of the attached notice by first-class mail to the following owners and other interested parties of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 101-140-031 (R/WPNs 1169-1 and 1169-2): Steven L. Craig Green River Properties, LLC 4100 MacArthur Boulevard, Suite 200 Newport Beach, CA 92260 K. Erik Friess ALLEN MATKINS 1900 Main Street, 5th Floor Irvine, CA 92614-7321 (940) 851-5478 Dated: January 11, 2021 Record Owner Courtesy Copy -4.7fivoef Peggy L. Barnes RIVERSIDE COUNTY TRANSPORTATION COMMISSION SR -71/91 INTERCHANGE PROJECT Adoption of a Resolution of Necessity Commission Meeting February 10, 2021 Hector Casillas, Right of Way Manager 71/91 INTERCHANGE PROJECT Commission Guidance • The property interests are required for a public purpose • The offer of just compensation was for the full appraised value • The commission uses eminent domain as a last resort • Staff will continue negotiations 71/91 INTERCHANGE PROJECT Parcel O !'• 9E�s RTVER Rd Nep� pR +YrR'UMi ADp Ry fppt4yk CHINO HILLS STATE PARK CITY OF CORONA SR 71-91 INTERCHANGE PROJECT UNINCORPORATED AREA OF RIVERSIDE COUNTY i f NO SCALE 71/91 INTERCHANGE PROJECT THE COMMISSION IS REQUESTED TO MAKE THE FOLLOWING FINDINGS 1. The public interest and necessity require the proposed project; 2. The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; 3. The real property to be acquired is necessary for the project; and 4. The offer of just compensation has been made to the property owner. 71/91 INTERCHANGE PROJECT PARCEL INFORMATION Owner: Green River Properties LLC, a California limited liability company APN: 101-140-031 Property Address: 4225 Prado Road, Corona, CA Property Area: 524,462 square feet (12.04 Acres) Property Required: 1169-1: Drainage, Utility, and Access Easement (17,648 sf) 1169-2: Wall Footing Easement (289 sf) 71/91 INTERCHANGE PROJECT OFFER OF JUST COMPENSATION Owner: Green River Properties, LLC, a California limited liability company Offer Date(s): January 22, 2015 -Original August 8, 2017 -Revised March 18, 2020 -Revised Wall Footing Easement Area 71/91 INTERCHANGE PROJECT River Ra ' _ olk Green River Properties, LLC 4225 Prado Road, Corona, CA 92880 APN 101-140-031 SR -91 E Access, Drainage, Utility Easement - 17, 648 SF Wall Footing Easement - 289 SF Parcel Boundary AT&SF Ajellie 1414AI4t, .1 "F'- 4414° :-._tea err • 71/91 INTERCHANGE PROJECT Wall Footing Easement Detail N 3120i.19.21' DETAIL "A" N.T.S. S'LY LINE SR 91 S81'36'08"W 47. 71/91 INTERCHANGE PROJECT District Condemnation Evaluation Meeting & Condemnation Panel Review Meeting • Zoom Web Based Video Conferencing • January 13, 2021 at 1pm • Attended by Commission, Caltrans, OPC, and Parsons Staff 71/91 INTERCHANGE PROJECT Staff Recommendations: THE COMMISSION ADOPT A RESOLUTION OF NECESSITY BASED ON THE FOLLOWING FINDINGS: 1. The public interest and necessity require the proposed project; 2. The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; 3. The real property to be acquired is necessary for the project; and 4. The offer of just compensation has been made to the property owner. RIVERSIDE COUNTY TRANSPORTATION COMMISSION QUESTIONS 71/91 Site Photographs INTERCHANG PROJECT Near Proposed Easement Areas 13 AGENDA ITEM 7A RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEETING MINUTES Wednesday, January 13, 2021 1. CALL TO ORDER The Riverside County Transportation Commission was called to order by Chair Jan Harnik at 9:31 a.m., via Zoom Webinar ID 831 9713 9745. Pursuant to Governor Newsom's Executive Order N-29-20. 2. ROLL CALL Commissioners/Alternates Present Ben J. Benoit Brian Berkson Patricia Lock Dawson Joseph DeConinck Waymond Fermon Kathleen Fitzpatrick Raymond Gregory Rebecca Guirado Yxstain Gutierrez David Happe Jan Harnik Steven Hernandez Jeff Hewitt Ted Hoffman Kevin Jeffries Linda Krupa Alonso Ledezma Bob Magee Scott Matas Lisa Middleton Linda Molina V. Manuel Perez Matt Rahn Dana Reed Wes Speake Karen Spiegel Jeremy Smith Michael M. Vargas Ted Weill Lloyd White Chuck Washington Ted Weill Bill Zimmerman Commissioners Absent Clint Lorimore Scott Vinton 3. PLEDGE OF ALLEGIANCE Commissioner David Happe led the Commission in a flag salute. 4. PUBLIC COMMENTS There were no requests to speak from the public. 16 Riverside County Transportation Commission Meeting Minutes January 13, 2021 Page 2 5. ADDITIONS / REVISIONS Per staff's request, the Closed Session Item was pulled from the Agenda. 6. CONSENT CALENDAR M/S/C (Perez/Speake) to approve the following Consent Calendar items. 6A. APPROVAL OF MINUTES — DECEMBER 9, 2020 6B. QUARTERLY FINANCIAL STATEMENTS Receive and file the Quarterly Financial Statements for the three months ended September 30, 2020. 6C. FISCAL YEAR 2020/21 MID -YEAR BUDGET ADJUSTMENTS Approve FY 2020/21 mid -year budget adjustments for a net decrease of $677,655,700 and $656,009,200 in revenues and other financing sources and in expenditures/expenses and other financing uses, respectively. 6D. RIVERSIDE TRANSIT AGENCY REPROGRAMMING REQUEST OF CONGESTION MITIGATION AND AIR QUALITY FUNDS AS PROGRAMMED IN THE 2013 MULTI -FUNDING CALL FOR PROJECTS 1) Approve the request by the Riverside Transit Agency (RTA) to reprogram Congestion Mitigation and Air Quality (CMAQ) funding from the RapidLink Service Project to the Route 1 Weekend Service Improvements Project in the amount of $466,130; 2) Approve Agreement No. 14-72-133-01, Amendment No. 1 to Agreement No. 14-72-133-00, with RTA related to the reprogramming of CMAQ funding to the Route 1 Weekend Service Improvements Project; and 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and execute the agreement on behalf of the Commission. 6E. AWARD OF PROJECT AND PROGRAM FUNDING DATABASE SYSTEM AGREEMENT TO NETKINETIX INC. 1) Approve Agreement No. 21-66-020-00 with Netkinetix Inc. to develop and maintain a project and program funding database system for a three-year base period with two two-year options in an amount not to exceed $703,168; and 17 Riverside County Transportation Commission Meeting Minutes January 13, 2021 Page 3 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and execute the agreement, including option years, on behalf of the Commission. 6F. SENATE BILL 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM UPDATE 1) Approve the revised Transportation Development Act (TDA) Article 3, or Senate Bill 821 (SB 821), Program Policies, and Fiscal Year (FY) 2021/22 Call for Projects Guidelines, including the Evaluation Criteria and Application; and 2) Approve a FY 2020/21 budget increase in the amount of $2,000,000 for the SB 821 Program for Projects with advanced construction schedules. 6G. 2021 PUBLIC TRANSIT — HUMAN SERVICES TRANSPORTATION COORDINATED PLAN Approve the 2021 Coordinated Public Transit -Human Services Transportation Plan (2021 Coordinated Plan). 7. FISCAL YEAR 2020/21 MID -YEAR REVISED REVENUE PROJECTIONS Theresia Trevino, Chief Financial Officer, requested to present and vote on Agenda Items 7 and 8 concurrently. She noted for Agenda Item 7, Staff Recommendation No. 1, it incorrectly reflects FY 2019/20 and it should be FY 2020/21. Theresia Trevino presented the revised Revenue Projections for FY 2020/21 and Revenue Projections for FY 2021/22, highlighting the following areas: • Revenue Projections • Economic category and segment trends — Measure A Sales tax revenues • Measure A revenue allocations by geographic area • Measure A revenues by economic category for Western Riverside County, Coachella Valley, and the Palo Verde Valley over the last 3 benchmark years • Average monthly Measure A: Before and after COVID-19 — Comparison in May projection to benchmark year actuals in 2020 and 2019 • Revenue projections and allocations for Measure A and LTF • Revenue Projections for TUMF • Next steps for Revenue Projections In response to Chair Harnik's request for an example of what miscellaneous is under economic categories, Theresia Trevino referred to the Economic Categories/Segments slide and stated Miscellaneous includes Health & Government, Miscellaneous Other, which is the market place facilitators for on line sales, and Closed Account Adjustments. 18 Riverside County Transportation Commission Meeting Minutes January 13, 2021 Page 4 Vice Chair Perez expressed appreciation for a great presentation and asked if RCTC has heard from Western Riverside Council of Governments (WRCOG) on the funds they should be receiving. Theresia Trevino replied it is her understanding that the July information is being reconciled with staff and the hope was that RCTC would be getting that payment shortly. M/S/C (Reed/Benoit) to: 1) Approve the mid -year Fiscal Year (FY) 2020/21 revenue projections of $195 million for Measure A revenues, $100 million for Local Transportation Fund (LTF) revenues, and $11 million for Transportation Uniform Mitigation Fee (TUMF) revenues; 2) Approve the budget increase adjustments to Measure A revenues of $35 million and expenditures of $14,426,000 to reflect the revised Measure A projection; and 3) Approve the budget increase adjustments to LTF revenues of $18 million, transfers in of $1,580,000, and expenditures and transfers out of $1,783,000 to reflect the revised LTF projection. 8. FISCAL YEAR 2021/22 REVENUE PROJECTIONS M/S/C (Reed/Benoit) to: 1) Approve the projection for Measure A revenues of $195 million for Fiscal Year 2021/22; 2) Approve the projection for Local Transportation Fund (LTF) apportionment of $100 million for the Western Riverside County, Coachella Valley, and Palo Verde Valley areas for FY 2021/22; and 3) Approve the projection for Transportation Uniform Mitigation Fee (TUMF) revenues of $11 million for FY 2021/22. 9. STATE AND FEDERAL LEGISLATIVE UPDATE David Knudsen, Legislative Affairs Manager, presented an updated on the state and federal legislative activities. M/S/C to receive and file an update on state and federal legislation. 19 Riverside County Transportation Commission Meeting Minutes January 13, 2021 Page 5 10. FISCAL YEARS 2021/22 — 2023/24 MEASURE A SPECIALIZED TRANSIT CALL FOR PROJECTS GUIDELINES Lorelle Moe -Luna, Multimodal Services Director, presented the FYs 2021/22 — 2023/24 Measure A Specialized Transit Program for Western Riverside County, highlighting the following: • Program overview: ✓ Targets seniors, persons with disabilities, low-income populations, or those that are "truly needy" that cannot be served on the existing transportation network ✓ Support expansion and extension of services for areas/special populations without alternate service options • A list of some of the social service agencies and non-profit organizations in Western Riverside County that use Measure A funds for transportation projects • Major guideline changes: o $8.76 million available o No limit to the number of applications by agency o Maximum of 18% total available funding per project o Scoring Criteria emphasis on needs and gaps that the project is meeting and cost-effective strategies M/S/C (Vargas/Benoit) to: 1) Approve the Fiscal Years (FY) 2021/22 — 2023/24 Measure A Specialized Transit Program Guidelines; and 2) Direct staff to release the FYs 2021/22 — 2023/24 Measure A Specialized Transit Call for Projects for approximately $8.76 million for Western Riverside County (Western County) on January 13, 2021. 11. APPOINTMENT OF EXECUTIVE COMMITTEE MEMBERS Lisa Mobley, Clerk of the Board, explained the process to complete the appointments to the Executive Committee and the current Executive Committee Membership. At this time, the cities and any interested parties were moved into breakout rooms to caucus and once finished, returned to the main session. Commissioner Brian Berkson announced the cities of Corona, Jurupa Valley, Moreno Valley, Murrieta, Riverside, and Temecula appointed Commissioner Brian Berkson and Commissioner Matt Rahn to continue as their representatives to the Executive Committee. Commissioner Dana Reed announced the cities of Blythe, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho 20 Riverside County Transportation Commission Meeting Minutes January 13, 2021 Page 6 Mirage appointed Commissioner Lisa Middleton to continue as their representative to the Executive Committee. Commissioner Benoit announced the cities of Banning, Beaumont, Calimesa, Canyon Lake, Eastvale, Hemet, Lake Elsinore, Menifee, Norco, Perris, San Jacinto, and Wildomar appointed Commissioner Lloyd White to continue as their representative to the Executive Committee. Chair Harnik expressed appreciation to the Commissioners that offered to serve on the Executive Committee. 12. ITEM(S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION There were no items pulled from the Consent Calendar. 13. COMMISSIONERS/EXECUTIVE DIRECTOR'S REPORT 13A. Anne Mayer wished everyone a Happy New Year and stated she is looking forward to a brighter 2021. She expressed appreciation for their input, support and leadership in Riverside County. 14. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, Chair Harnik adjourned the meeting at 10:32 a.m. The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, February 10, 2021, via Zoom. Respectfully submitted, Lisa Mobley Clerk of the Board 21 AGENDA ITEM 7B RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 10, 2021 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Jose Mendoza, Procurement Manager Matt Wallace, Deputy Director of Financial Administration THROUGH: Anne Mayer, Executive Director SUBJECT: Single Signature Authority Report BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the Single Signature Authority report for the second quarter ended December 31, 2020. BACKGROUND INFORMATION: Certain contracts are executed under single signature authority as permitted in the Commission's Procurement Policy Manual adopted in September 2019. The Executive Director is authorized to sign services contracts that are less than $250,000 individually and in an aggregate amount not to exceed $1.5 million in any given fiscal year. Additionally, in accordance with Public Utilities Code Section 130323(c), the Executive Director is authorized to sign contracts for supplies, equipment, materials, and construction of all facilities and works under $50,000 individually. The attached report details all contracts that have been executed for the second quarter ended December 31, 2020, under the single signature authority granted to the Executive Director. The unused capacity of single signature authority for services at December 31, 2020 is $1,394,975. Attachment: Single Signature Authority Report as of December 31, 2020 Approved by the Budget and Implementation Committee on January 25, 2021 In Favor: 11 Abstain: 0 No: 0 Agenda Item 7B 22 SINGLE SIGNATURE AUTHORITY CONTRACT # 18-33-123-00 PO 2806 21-31-002-00 21-31-023-00 CONSULTANT AMOUNT AVAILABLE July 1, 2019 Los Angeles Engineering Dispensing Technology Corp. California Highway Patrol AS OF December 31, 2020 DESCRIPTION OF SERVICES La Sierra Station Expansion Project Bituminous Applicator for Interstate 15 Express Lanes Construction Zone Enhancement Program (COZEEP) for Interstate 215 Pachappa Project ORIGINAL CONTRACT AMOUNT $1,500,000.00 3,497.49 38,045.74 49,982.00 PAID AMOUNT 0.00 0.00 0.00 REMAINING CONTRACT AMOUNT 3,497.49 38,045.74 49,982.00 HGN Corona Partners Parking agreement for SR -91 Corridor Operations Project 13, 500.00 0.00 13, 500.00 AMOUNT USED AMOUNT USED AMOUNT REMAINING through December 31, 2020 105,025.23 105,025.23 $1,394,974.77 None N/A Agreements that fall under Public Utilities Code 130323 (C) $- $- $- Jose Mendoza Prepared by Theresia Trevino Reviewed by Note: Shaded area represents new contracts listed in the second quarter. 23 V:\2021\02 February\B&I\6B.JM.A1.SingleSignQ2 AGENDA ITEM 7C RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 10, 2021 TO: Riverside County Transportation Commission FROM: Audit Ad Hoc Committee Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Year 2019/20 Commission Audit Results AUDIT AD HOC COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Receive and file the Fiscal Year 2019/20 a) Comprehensive Annual Financial Report (CAFR); b) Local Transportation Fund (LTF) Financial and Compliance Report; c) State Transit Assistance (STA) Fund Financial and Compliance Report; d) State of Good Repair (SGR) Fund Financial and Compliance Report; e) Proposition 1B Rehabilitation and Security Project (Proposition 1B) Accounts Financial and Compliance Reports; f) Low Carbon Transit Operations Program (LCTOP) Account Financial and Compliance Reports; g) Single Audit Report; h) RCTC 91 Express Lanes Fund Financial Report; i) Auditor Required Communications Report; j) Agreed -Upon Procedures Report related to the Appropriations Limit Calculation; k) Agreed -Upon Procedures Report related to the Commuter Assistance Program (CAP) incentives; and I) Management certifications. BACKGROUND INFORMATION: In March 2020, the Commission approved an agreement with Eide Bailly LLP (Fide Bailly) to perform the annual audit of the Commission's financial statements included in the CAFR; financial and compliance audits for LTF, STA, SGR, Proposition 1B, and LCTOP; audit of the RCTC 91 Express Lanes financial statements; and federal awards. Additionally, Eide Bailly performs agreed -upon procedures related to the annual Appropriations Limit Calculation and the CAP incentives and a review of compliance with commercial paper debt covenants. The audits, compliance procedures, and agreed -upon procedures for the fiscal year ended June 30, 2020, have been completed, and Eide Bailly issued all reports. Agenda Item 7C 24 The Commission's CAFR consists of three sections: introductory, financial, and statistical. While the introductory and statistical sections were not audited by Eide Bailly, the basic financial statements included a financial section were audited by Eide Bailly. The Commission received an unmodified opinion on its basic financial statements from Eide Bailly, which is the highest form of assurance. Limited procedures were performed related to the required supplementary information, including Management's Discussion and Analysis section; such information was not audited. The other supplementary information was subject to the auditing procedures applied in the audit of the basic financial statements, and, in the opinion of the auditors, it is fairly stated in relation to the basic financial statements. The basic financial statements include government -wide financial statements, fund financial statements, and notes to the financial statements. Management's Discussion and Analysis section provides a narrative overview and analysis of the Commission's financial activities for the fiscal year. Financial highlights and significant matters of the basic financial statements include: • Net position of approximately $441 million at June 30, 2020, compared to approximately $340 million at June 30, 2019, reflects a net increase of approximately $101 million from governmental and business -type activities. • The net increase in net position consists of approximately $103 million from governmental activities and a net decrease of approximately $2 million from business - type activities. • Governmental fund balances of approximately $810 million at June 30, 2020, compared to approximately $790 million at June 30, 2019, represent an increase of approximately $20 million from the prior year. • During the year ended June 30, 2020, the Commission made draws aggregating approximately $111 million on the Transportation Infrastructure Finance and Innovation Act (TIFIA) loan related to the Interstate 15 Express Lanes project (1-15 ELP). The amounts drawn on the $152.2 million TIFIA loan is recorded as a liability on the government -wide financial statements as of June 30, 2020, and as other financing sources on the fund financial statements for the year ended June 30, 2020. The audit reports related to the separately issued financial statements of the LTF, STA, SGR, Proposition 1B, and LCTOP also reflect unmodified opinions from Eide Bailly. These financial statements are required to be issued separately under the Transportation Development Act (TDA) and the provisions for Proposition 1B and LCTOP; however, the LTF, STA, and SGR financial position and operations are included in the fund financial statements in the CAFR. The Proposition 1B and LCTOP financial position are part of the Measure A Western County Commuter Rail and Coachella Valley Rail special revenue funds and the General fund, respectively. These reports noted no matters considered to be a material weakness in internal control and no instances of noncompliance. Agenda Item 7C 25 The 2020 Single Audit Report includes the reports on compliance and internal control over financial reporting and over federal awards. These reports noted no matters considered to be a material weakness in internal control and no instances of noncompliance. The RCTC 91 Express Lanes Financial Statements include the Independent Auditors' Report, Management's Discussion and Analysis, and Financial Statements, including Notes to Financial Statements. Financial highlights include a net deficit of approximately $276 million, which consisted of: • Net investment (deficit) in capital assets of approximately ($320 million) reflecting toll -supported debt in excess of capital assets; and • Restricted net position of approximately $44 million for toll operations in accordance with debt indentures and agreements. The deficit in net investment in capital assets will be reduced by future toll revenues for the payment of outstanding toll debt obligations. As a result of the establishment of the commercial paper program in March 2005, the bank reimbursement agreement requires a report from the auditor regarding compliance with certain covenants. The report issued by Eide Bailly indicated that nothing came to the auditor's attention that caused the auditors to believe the Commission failed to comply with these covenants. A management letter usually includes recommendations for improvements and operational efficiencies related to the internal control and other matters notes during the audit. Eide Bailly did not have any recommendations or comments on other matters; therefore, it did not issue a management letter. The Appropriations Limit Calculations and CAP reports are based on specific procedures agreed to by the Commission. For the Appropriations Limit Calculation and CAP, the auditors noted no exceptions or findings related to the procedures performed. As required by American Institute of Certified Public Accountants Auditing Standards Board Statement No. 114, The Auditor's Communications With Those Charged with Governance, the Commission's auditor is required to make certain annual communications to the Commission's Audit Ad Hoc Committee, or its equivalent, regarding the audit of the Commission's financial statements following the completion of the audit. Eide Bailly completed the annual audit for FY 2019/20 in October 2020; however, it completed the audit procedures related to the single audit of federal awards in January 2021 following the release of the Office of Management and Budget's final 2020 Compliance Supplement Addendum. The report to the Audit Ad Hoc Committee from the auditor contains the required communications about the audit. As part of the development of the Commission's Accountability Program, the directors have completed certifications relating to financial reporting and operational disclosures. Agenda Item 7C 26 Attachments: 1) 2020 Comprehensive Annual Financial Report 2) 2020 Local Transportation Fund Financial and Compliance Report 3) 2020 State Transit Assistance Fund Financial and Compliance Report 4) 2020 State of Good Repair Fund Financial and Compliance Report 5) 2020 Proposition 1B Rehabilitation and Security Project Accounts Financial and Compliance Reports 6) 2020 Low Carbon Transit Operations Program Account Financial and Compliance Reports 7) 2020 Single Audit Report 8) 2020 RCTC 91 Express Lanes Fund Financial Report 9) 2020 Commercial Paper Compliance Report 10) 2020 Reports to the Audit Ad Hoc Committee (Financial Statements Audit and Single Audit) 11) 2020 Agreed -Upon Procedures Report related to the Appropriations Limit Calculation 12) 2020 Agreed -Upon Procedures Report related to the Commuter Assistance Program incentives 13) 2020 Executive Director and Chief Financial Officer Certification 14) 2020 Director's Certification 15) Auditor's Presentation to the Audit Ad Hoc Committee Agenda Item 7C 27 29 CONTENTS Introductory Section Letter of Transmittal Organization Chart x List of Principal Officials and Management Staff xi Financial Section Independent Auditor's Report 1 Management's Discussion and Analysis 3 Basic Financial Statements Government -wide Financial Statements Statement of Net Position 18 Statement of Activities 19 Fund Financial Statements Governmental Funds Balance Sheet —Governmental Funds 20 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position 23 Statement of Revenues, Expenditures and Changes in Fund Balances —Governmental Funds 24 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities 27 Proprietary Fund Statement of Fund Net Position 28 Statement of Revenues, Expenses and Changes in Fund Net Position 29 Statement of Cash Flows 30 Notes to Basic Financial Statements 32 Required Supplementary Information Budgetary Comparison Schedules General Fund 75 Major Special Revenue Funds 76 Schedule of Proportionate Share of Net Pension Liability 79 Schedule of Pension Contributions 80 Schedule of Changes in the Net OPEB Liability (Asset) and Related Ratios 81 Schedule of OPEB Contributions 82 Notes to Required Supplementary Information 83 Other Supplementary Information Nonmajor Governmental Funds Combining Balance Sheet 88 Combining Statement of Revenues, Expenditures and Changes in Fund Balances 90 32 Contents, Continued Financial Section, Continued Schedule of Revenues, Expenditures and Changes in Fund Balances —Budget and Actual: Nonmajor Special Revenue Funds 92 Capital Projects Funds 95 Debt Service Fund 96 Schedule of Expenditures for Local Streets and Roads by Geographic Area—AII Special Revenue Funds 97 Schedule of Expenditures for Transit and Specialized Transportation by Geographic Area and Source —All Special Revenue Funds 98 Schedule of Uses of Debt Proceeds and Fund Balances 99 Statistical Section Statistical Section Overview 101 Primary Government Net Position by Component 102 Changes in Primary Government Net Position 104 Fund Balances of Governmental Funds 108 Changes in Fund Balances of Governmental Funds 110 Sources of County of Riverside Taxable Sales by Business Type 112 Direct and Overlapping Sales Tax Rates 114 Principal Taxable Sales Generation by City 115 Measure A Sales Tax Revenues by Program and Geographic Area 116 Measure A Sales Tax by Economic Category 117 Measure A Revenues and Pledged Revenue Coverage 118 Ratios of Outstanding Debt by Type 120 Computation of Legal Debt Margin 122 Demographic and Economic Statistics for the County of Riverside 124 Employment Statistics by Industry for the County of Riverside 125 Full-time Equivalent Employees by Function/Program 126 Operating Indicators 128 Capital Asset Statistics by Program 130 33 RIVERSIDE COUNTY TRANSPORTATION COMMISSION October 30, 2020 4080 Lemon Street, 3rd Floor • Riverside, CA Mailing Address: P. O. Box 12008 • Riverside, CA 92502-2208 (951) 787-7141 • Fax (951) 787-7920 • www.rctc.org To the Riverside County Transportation Commission Commissioners and Citizens of the County of Riverside: Letter of Transmittal State law requires that the Riverside County Transportation Commission (Commission or RCTC) publish within six months of the close of each fiscal year a complete set of financial statements presented in conformity with accounting principles generally accepted in the United States (GAAP) and audited in accordance with generally accepted auditing standards by independent certified public accountants. Pursuant to that requirement, we hereby issue the Comprehensive Annual Financial Report (CAFR) of the Commission for the fiscal year ended June 30, 2020. Management assumes full responsibility for the completeness and reliability of all of the information presented in this report, based upon the Commission's comprehensive framework of internal controls established for this purpose. Because the cost of internal control should not exceed anticipated benefits, the objective is to provide reasonable, rather than absolute, assurance that the financial statements are free of any material misstatements. Eide Bailly LLP has issued an unmodified opinion on the Commission's financial statements for the year ended June 30, 2020. The independent auditor's report is located at the front of the financial section of this report. Management's Discussion and Analysis (MD&A) immediately follows the independent auditor's report and provides a narrative introduction, overview, and analysis of the basic financial statements. MD&A complement this letter of transmittal and should be read in conjunction with it. Profile of RCTC's Governance and Responsibilities State law established the Commission in 1976 to oversee the funding and coordination of all public transportation services within the county of Riverside (County). The Commission's mission is to assume a leadership role in improving mobility in Riverside County and to maximize the cost effectiveness of transportation dollars in the County. The governing body is the Board of Commissioners (Board), which consists of all five members of the County Board of Supervisors, one elected official from each of the County's 28 cities, and one non -voting member appointed by the Governor. The Commission is responsible for setting policies, establishing priorities, and coordinating activities among the County's various transportation operators and agencies. The Commission also programs and/or reviews the allocation of federal, state, and local funds for highway, transit, rail, non -motorized travel (bicycle and pedestrian), and other transportation activities. The Commission has developed two express lanes projects; the RCTC 91 Express Lanes opened in March 2017 and the 15 Express Lanes are expected to open during FY 2020/21. The Commission also serves as the tax authority and implementation agency for the voter -approved Measure ATransportation Improvement Program, which imposes a half -cent sales tax to fund transportation improvements. Originally approved in 1988 (1989 Measure A), Riverside County's voters in 2002 approved a 30 -year extension of Measure A commencing July 1, 2009 through June 30, 2039 (2009 Measure A). The Commission is also legally responsible for allocating Transportation Development Act (TDA) funds, the major source of funds for transit in the County. The TDA provides two major sources of funding: Local Transportation Fund (LTF), which is derived from a one -quarter cent state sales tax, and State Transit Assistance, which is derived from the statewide sales tax on gasoline and diesel fuel. 35 Calimesa enifee Vail Lake es Hot Springs R122 11‘ - Nor Wells ..reii La Quinta 1 '' W Additionally, the Commission provides motorist aid services designed to expedite traffic flow. These services include the Service Authority for Freeway Emergencies (SAFE), a program that provides call box service for motorists, and the Freeway Service Patrol (FSP), a roving tow truck service to assist motorists with disabled vehicles on the main highways of the County during peak rush hour traffic periods. The motorist aid program also includes the operation of the Inland Empire 511 (IE51 1) system which provides comprehensive real time traveler information for freeways, bus and rail transit, and rideshare services. All services are provided at no charge to motorists and are funded through a $1 surcharge on vehicle registrations; FSP also receives state allocations. The Commission is financially accountable for SAFE, a legally separate entity that is blended within the Commission's financial statements. Finally, the Commission has been designated as the Congestion Management Agency (CMA) for the County.Asthe CMA, the Commission coordinates with local jurisdictions in the establishment of congestion mitigation procedures for the County's roadway system. The Commission is required to adopt a budget priorto the beginning of each fiscal year. The annual budget, which includes all funds, serves as the foundation for the Commission's financial planning and control regarding staffing, operations, and capital plans. The budget is prepared by fund (financial responsibility unit), department, and function. Management has the discretion to transfer budgeted amounts within the financial responsibility unit according to function. During the fiscal year, all budget amendments requiring Board approval are presented to the Board for consideration and adoption. Local Economy Any discussion of the local economy must acknowledge the current and future impacts of the COVID-19 pandemic. In mid -March the state of California (State) was forced to impose significant restrictions on a number of public and commercial activities. Restrictions continue, albeit with some easing; however, the pandemic is likely to lead to a significant increase in unemployment due to the loss of thousands of service -related jobs. Statistics demonstrate the impact - Riverside County's unemployment rate in April 2020 jumped to 15.3% compared to a rate of only 3.7% in April 2019. Possibly due to the Federal Coronavirus Aid Relief and Economic Security (CARES)Act and a court decision and related state legislation in 2019 regarding the collection of internet sales taxes, the Commission's sales tax revenues decreased approximately 3% — less than revenue projections revised in May 2020. it 36 In normal times, Riverside County has specific competitive advantages over nearby coastal counties (Los Angeles, Orange, and San Diego) including housing that was (and remains) more available and affordable, lower commercial real estate lease and purchase costs, and land available for development at lesser costs. Riverside County's economy has thrived, reflecting those specific competitive advantages over its neighboring counties, largely as a result of the County's continuing ability to draw jobs, residents, and affordable housing away from the Los Angeles, Orange, and San Diego county areas. As a result, the County's employment and commercial base has become more diversified, and the County's share of the regional economy has increased. So far, housing prices and property values in Riverside County remain strong, although it will be hard to predict the longer -term impact of the pandemic. The foundation for continued economic growth during a recovery is certainly in place; however, the Commission faces formidable ongoing challenges in terms of providing needed infrastructure enhancements to support a population and an economy that has outgrown the capacity of its existing infrastructure. Long-term Financial Planning Proactive financial planning is a critical element for the success of the Commission as it builds for the future. Continually reviewing projected revenues, expenditures, and expenses to actual amounts ensures that the Commission's expectations are realistic and goals are achievable. Scarce resources, especially at the state and federal level, can be directed to projects of regional significance or, with additional funding, project priorities can be expanded to address unfunded project requirements or developing needs. Local funding, and specifically the Commission's voter -approved sales tax program (Measure A) will continue to serve as RCTC's most significant source of funding. The program funds highway, street and road, public transit, and rail projects and new transportation corridors throughout the County.The program is established in a way to ensure funding for every geographic region within the County including the Palo Verde Valley, Coachella Valley and more heavily populated area of Western Riverside County. As mentioned earlier, revenues exceeded the Commission's approved revised projection for FY 2019/20 in spite of three and a half months of COVID-related closures. For FY 2020/21, the Commission made conservative projections and will be ready to make adjustments based on actual results. Prior to the pandemic, the Commission actively considered seeking voter approval of another half -cent sales tax levy to fund a comprehensive Traffic Relief Plan. The pandemic scuttled immediate plans to go to take a ballot measure to the voters, but the Commission approved the Traffic Relief Plan in May 2020 after a comprehensive outreach and planning effort. The Traffic Relief Plan could serve as the foundation for a future, near -term election. At the state level, transportation funding is a source of continuing debate regarding future priorities. Sustainability has become a statewide priority and will likely impact the direction of state funding for many years, and California has established a number of more predictable funding streams such as an increase in the gas tax, a cap and trade program from emissions trading, and encouragement of market -based approaches such as implementation of express lanes and toll facilities. Tolling is another important local funding source for the Commission, and it has been negatively impacted by the pandemic. Since RCTC's opening the 91 Express Lanes in Corona in 2017, traffic and revenue along this highly -used corridor exceeded projections. This was disrupted late March and early April 2020, as the Commission experienced a drop in use of the RCTC 91 Express Lanes by approximately 79% since many workplaces and destinations closed due to the pandemic. Since mid -April, traffic and revenue have increased slowly and steadily. Overall use of the RCTC 91 Express Lanes now exceeds more than half of the levels prior to the pandemic and continue to climb. More importantly, overall traffic on the State Route (SR) 91 Corridor is growing steadily and has even reached a level of 90% of previous levels in peak periods. As the economy rebounds, the Commission expects that the performance of the RCTC 91 Express Lanes will also recover. In addition to this facility, the Commission anticipates to open the 15 Express Lanes in Spring 2021. 37 As that project opens, construction work on the 15/91 Express Connector will begin in mid -2021. The 15/91 Express Lanes Connector will be especially important to the Commission and provide a needed direct express lane to express lane connection between SR -91 and the northern portion of Interstate (1) 15. The Commission awarded a design -build agreement in March 2020 to ensure expedited delivery of the project. The news on federal funding is uncertain and will continue to be prior to the November 2020 election. In December 2015, the comprehensive transportation bill known as Fixing America's Surface Transportation Act - or FAST Act - superseded Moving Ahead for Progress in the 21st Century (MAP -21) which originally expired in June 2014. The federal government continues to be a source of highway funding through the Surface Transportation Block Grant Program (formerly, Surface Transportation Program) and the Congestion Mitigation Air Quality program, since the FAST Act continues these programs at roughly the same funding level. Capital Project Delivery and Implementation — Critical Workers Delivering Needed Infrastructure The Capital Project Development and Delivery Department is responsible for major highway and rail capital projects from initial environmental study through preliminary engineering, final design, right of way acquisition, and construction. The Commission is currently in the midst of an unprecedented era of transportation investment in Riverside County. The results can be seen with numerous projects under construction, increasingly popular and successful transit service, and promises of more on the way in the near future. There are also a number of notable completed projects - providing tangible examples of the Commission completing promises that were made to voters who approved Measure A. The Commission has developed a track record of success which is taking shape throughout the County as evidenced in the following project types. Construction Keeps Going At the beginning of the pandemic -related shutdowns in California, construction workers were identified as essential workers. Investing in infrastructure can be a critical component in protecting and growing the economy in uncertain jobs. For example, the 60 Truck Lanes project is projected to create as many as 2,490 jobs. Similar investments and resulting job creation can be seen throughout the county as seen in the following highway and rail projects: 60 Truck Lanes: In partnership with Caltrans, the Commission is the lead agency for the 60 Truck Lanes Project. With a total project cost estimated at $138.4 million, construction of the project began in early 2019. The project is expected to be completed in 2022. In early 2020, a major construction milestone, which included a significant lane closure in the westbound connection, was completed and traffic was shifted to a newly constructed segment of the highway. The project adds truck climbing and deceleration lanes, wider shoulders, and additional safety improvements to a 4.5 -mile segment of the highway. Placentia Interchange to link 1-215 and future Mid County Parkway: Construction work began in mid -2020 on the very first component of the Mid County Parkway (MCP), a new 16 mile east -west corridor between the cities of San Jacinto and Perris. This $42 million project adds a new freeway interchange at Placentia Avenue that will link to the MCP and improve a segment of Placentia Avenue in the city of Perris. iv 38 1-15 Railroad Canyon Interchange: The Commission serves as the lead agency to expand the 1-15 interchange at Railroad Canyon Road in the city of Lake Elsinore. The $45 million project began construction in May 2020 and widens the street under the freeway and makes a number of needed improvements to increase capacity of the on- and off -ramps and auxiliary lanes. 91 Freeway Corridor Operations Project: Another Iproject that will launch construction in the latter part of 2020 is the 91 Corridor Operations Project. The project adds an auxiliary lane on westbound SR -91 from the Green River Road on -ramp to the southbound SR -241 connector. The new auxiliary lane, located next to the outside shoulder, will help relieve westbound traffic congestion through this heavily traveled corridor. I-15/Railroad Canyon Interchange 1-15 Express Lanes - Opening Soon: The 1-15 Express Lanes Project is nearing completion and will open in FY 2020/21. The project adds two tolled express lanes of approximately 15 miles in length, in each direction in the median of 1-15. The 15 Express Lanes will operate by offering multiple access points to enter and exit the express lanes. The 15 Express Lanes will also feature dynamic pricing, which is designed to adjust tolls throughout the day to reflect actual traffic conditions rather than being bound by a set time of day schedule. 15/9/ Express Lanes Connector: Construction will begin in 2021 to build a new direct connection between the RCTC 91 Express Lanes and the 15 Express Lanes. With the design -build contract awarded, the design -builder started design, field surveys, and geotechnical services. The new connection will be provided from the eastbound 91 Express Lanes to the northbound 15 Express Lanes and from the southbound 15 Express Lanes to the westbound 91 Express Lanes. Commuter Rail Improvements: The Commission began construction in mid -March to expand the Metrolink train layover facility at the Riverside -Downtown Station. The project will allow more trains to be housed at the station at the end of each night shift, resulting in more efficient service. Construction activities will include track improvements north of the train platform, drainage facilities, electrical systems, lighting fixtures, security fencing, access gates, utility relocations, and water and sewer connections. Another station project currently in the environmental phase is construction of a new platform on the east side of the station. This will allow more trains to serve the Riverside -Downtown Station, which is one of the Metrolink system's most heavily used stations. Projects for Future Construction 1-15 Express Lanes Southern Extension: Environmental work is already under way to extend the 15 Express Lanes an additional 14.5 miles to the city of Lake Elsinore. A series of public scoping meetings were held during the past year as part of the comprehensive environmental review process. 1-15 Corridor Operations Project: Another future project on 1-15 about to enter project development is the 1-15 Corridor Operations Project, or 15 COP. This project will add a non -tolled lane on southbound 1-15 from the Cajalco Road on -ramp to the Weirick Road off -ramp, a segment slightly less than one mile. It will also widen the existing 1-15 median, shift vehicles to this new pavement, and convert the existing outside lane to a new travel lane. Additionally, the 15 COP will widen the Bedford Canyon Wash Bridge and ease southbound traffic congestion on 1-15 during peak hours. 71/91 Interchange: The Commission is diligently working to secure funding for a new connector between the eastbound SR -91 and northbound SR -71 in the city of Corona. This $121 million project has environmental clearance and could begin the construction phase in 2021 if funding is secured. v 39 79 Realignment Remains an Important Priority: Another large planning effort affecting the Hemet and San Jacinto communities is the realignment of SR -79. This 2009 Measure A project is undergoing early project development partially funded through the TUMF program and federal earmarks. An environmental document was approved in January 2017 to allow the realignment of SR -79 between Domenigoni Parkway, south of SR -74, and Gilman Springs Road, north of San Jacinto. The project will realign the highway to provide a more direct route within the San Jacinto Valley. Current work on this project includes acquisition of right of way needed for mitigation and to protect cultural sites. Active Transportation: Non -motorized transportation options are becoming an increasingly important part of California's transportation infrastructure, and the Commission has taken a leadership role in assisting local jurisdictions by funding and advocating for projects vying for state funding. The Commission is also heading up project development for the Santa Ana River Trail - a multiuse facility that will provide a bike, pedestrian and equestrian trail to link San Bernardino, Riverside and Orange Counties for cyclists, pedestrians and equestrians. TUMF Links Growth with Infrastructure In the Coachella Valley, a TUMF program was established shortly after the passage of the 1989 Measure A. The program requires developers to pay a fee on new development to fund arterial improvements. Cities are required to participate in the program or forfeit Measure A local dollars to Coachella Valley Association of Governments, which oversees the arterial program and has been successful in funding a number of important arterial and freeway interchange projects. With the passage of the 2009 Measure A, a TUMF program with participation requirements similar to that in the Coachella Valley is in place in Western County and administered by the Western Riverside Council of Governments. TUMF funds received by the Commission are split evenly between new corridors, including the MCP, and regional arterials, including local projects and the SR -79 realignment project. To date under the regional arterial program, 18 projects have been completed, one project will be under construction in 2020, and one project remains in pre -construction. Rail Development, Operations and Support As one of five funding partners in the Southern California Regional Rail Authority, which operates the Metrolink commuter rail service, the Commission is engaged in a continual exercise of consensus building with its partners to provide effective regional service. Now consisting of seven lines serving six counties, the system typically carried an average of slightly more than 40,000 passengers each weekday prior to COVID-19. The Commission owns and operates nine stations served by the three Metrolink lines operating through the County, including four new stations along the Perris Valley Line that commenced carrying passengers in June 2016. The Commission's Perris -Downtown station is a multimodal facility also serving RiversideTransitAgency bus operations and providing park and ride spaces. It continues to serve as an important regional bus terminal. The Riverside Downtown Operations Control Center provides monitoring of closed circuit televisions at the stations as well as facilities for train crews. • Riverside Line: Originates in the Riverside -Downtown station and stops at the Jurupa Valley-Pedley station before proceeding through Ontario, Pomona, Industry, and Montebello to Los Angeles Union Station. Pre -pandemic daily ridership averaged 3,961 riders. • Inland Empire Orange County (IEOC) Line: Begins in nearby San Bernardino with stops at the Riverside -Downtown, Riverside -La Sierra, Corona -North Main, and Corona -West stations before entering Orange County with stops in Anaheim Canyon, Orange, Santa Ana, Tustin, Irvine, Laguna Niguel/Mission Viejo, San Juan Capistrano, San Clemente and Oceanside. When initiated, this service was described as the first suburb -to -suburb commuter rail service in the nation. Average daily ridership on the IEOC line was 4,784 prior to COVID-19. This line also provides weekend service. vi 40 " 9 1 / P e r r i s V a l l e y L i n e : P r o v i d e s s e r v i c e f r o m P e r r i s t o L o s A n g e l e s w i t h s t o p s i n P e r r i s - S o u t h , P e r r i s - D o w n t o w n , M o r e n o V a l l e y / M a r c h F i e l d , R i v e r s i d e - H u n t e r P a r k / U C R , R i v e r s i d e - L a S i e r r a , C o r o n a - N o r t h M a i n , C o r o n a - W e s t , F u l l e r t o n , B u e n a P a r k , N o r w a l k , a n d C o m m e r c e b e f o r e t e r m i n a t i n g a t U n i o n S t a t i o n . D a i l y p a t r o n a g e o n t h e l i n e p r i o r t o C O V I D - 1 9 a v e r a g e d 3 , 7 3 1 . A p a r t o f t h i s l i n e b e t w e e n R i v e r s i d e a n d L o s A n g e l e s o f f e r s w e e k e n d s e r v i c e , a n d n e w w e e k e n d s e r v i c e f r o m P e r r i s s t a r t e d i n O c t o b e r 2 0 1 9 . C O V I D - 1 9 I m p a c t o n M e t r o l i n k T h e o n s e t o f C O V I D - 1 9 h a s r e s u l t e d i n a s i g n i f i c a n t d r o p i n M e t r o l i n k r i d e r s h i p s i n c e m i d - M a r c h . U p t o t h a t p o i n t , r i d e r s h i p a n d u s e h a d i n c r e a s e d b y a p p r o x i m a t e l y 3 % s i n c e t h e p r e v i o u s y e a r . T o d a y d a i l y r i d e r s h i p o n M e t r o l i n k l i n e s s e r v i n g R i v e r s i d e C o u n t y i s d o w n b y a p p r o x i m a t e l y 7 5 % o n t h e I E O C a n d 9 1 / P e r r i s V a l l e y L i n e s a n d 8 9 % o n t h e R i v e r s i d e L i n e w h e n c o m p a r e d t o a y e a r a g o . M e t r o l i n k h a s r e s p o n d e d t o t h e c h a l l e n g e w i t h a c o m p r e h e n s i v e s e r i e s o f s t r a t e g i e s . O n e o f M e t r o l i n k '