HomeMy Public PortalAbout07 July 17, 2006 Technical Advisory Committee77409
TIME:
DATE:
LOCATION:
TECHNICAL ADVISORY COMMITTEE MEETING
MEETING AGENDA*
10:00 A.M.
July 17, 2006
Riverside County Transportation Commission
Riverside County Regional Complex
4080 Lemon Street, Riverside, CA
Conference Room A, 3`d Floor
•By request, agenda and minutes may be available in alternative format; i.e. large print, tape.
COMMITTEE MEMBERS
RTA
Ahmad Ansari, City of Perris
Dave Barakian, City of Palm Springs
Bill Bayne, City of Cathedral City
Tom Boyd, City of Riverside
Duane Burk, City of Banning
City of Calimesa
Bill Gallegos, City of Coachella
Mike Gow, City of Hemet
Mark Greenwood, City of Palm Desert
Bruce Harry, City of Rancho Mirage
Bill Hughes, City of Temecula
George Johnson, County of Riverside
Tim Jonasson, City of LaQuinta
Jim Kinley, City of Murrieta
Eunice Lovi, SunLine Transit
Amir Modarressi, City of Indio
Habib Motlagh, Cities of Canyon Lake,
(Perris) and San Jacinto
Les Nelson, PVVTA
Craig Neustaedter, City of Moreno Valley
Dan Patneaude, City of Desert Hot Springs
Juan Perez, County of Riverside
Amad Qattan, City of Corona
Jim Rodkey, City of Blythe
Ken Seumalo, City of Lake Elsinore
Ruthanne Taylor Berger, WRCOG
Bill Thompson, City of Norco
Allyn Waggle, CVAG
Tim Wassil, City of Indian Wells
John Wilder, City of Beaumont
Sean Yeung, Ca!trans District 8
Anne Mayer, Deputy Executive Director
11.36.02
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
TIME:
'DATE:
TECHNICAL ADVISORY COMMITTEE MEETING AGENDA*
*Actions may be taken on any item listed on the agenda.
10:00 A.M.
July 17, 2006
;LOCATION: Riverside County Transportation Commission
Riverside County Regional Complex
4080 Lemon Street, Riverside, CA
Conference Room A, Third Floor
In compliance with the Americans with Disabilities Act and government Code Section 54954.2, if
!you need special assistance to participate in a Committee meeting, please contact Riverside County
Transportation Commission at (951) 787-7141. Notification of at least 48 hours prior to meeting
time will assist staff in assuring that reasonable arrangements can be made to provide accessibility
at the meeting.
CALL TO ORDER
SELF -INTRODUCTION
APPROVAL OF MINUTES
PUBLIC COMMENTS (This is for comments on items not listed on agenda.
Comments relating to an item on the agenda will be taken when the item is
before the Committee.)
5. GOVERNMENT RELATIONS (Attachment)
• Eminent Domain
Technical Advisory Committee Meeting
July 17, 2006
Page 2
6 REPORT ON BOND MEASURE WORKSHOP (Attachment)
7 REPORT ON PROJECT DELIVERY SUBCOMMITTEE (Attachment)
• June 29th Meeting .
8. • LOCAL ASSISTANCE REPORT — (Verbal Presentation)
• Deobligation of Inactive Projects
9. PM 2.5 UPDATE AND CONFORMITY FORM FEEDBACK (Attachment)
10. 2007 RTP UPDATE: NEXT STEPS
11. RTIP UPDATE
• Status of 2006 RTIP
• Overview of Amendment 01 to 2006 RTIP
12. JULY 2006 MILESTONE REPORTS UPDATE
13. OTHER BUSINESS
14. ADJOURNMENT (The next meeting will be August 21, 2006; 10:00.A.M. in
Banning.) .
MINUTES
TECHNICAL ADVISORY COMMITTEE MEETING
MINUTES
Monday, June 19, 2006
Call to Order
The meeting of the Riverside County Transportation Commission (RCTC)
Technical Advisory Committee (TAC) was called to order at 10:00 A.M. at
Banning City Hall Civic Center, 99 East Ramsey Street, Banning, CA.
2. Self -Introductions
Members Present: Ahmad Ansari, City of Perris
Dave Barakian, City of Palm Springs
Ed Basubas, City of Lake Elsinore
Tom Boyd, City of Riverside
Marcus Fuller, City of Palm Springs
Mike Gow, City of Hemet
Leslie Grosjean, City of Cathedral City
Bruce Harry, City of Rancho Mirage
Bill Hughes, City of Temecula
Ned Ibrahim, City of Corona
George Johnson, County of Riverside
Tim Jonasson, City of La Quinta
Phil Joy, City of Palm Desert
Eldon Lee, City of Coachella
Eunice Lovi, SunLine
Mike McCoy, Riverside Transit Agency
Amir Modarressi, City of Indio
Lorelle Moe, Riverside Transit Agency
Russ Napier, City of Murrieta
Nick Nickerson, City of La Quinta
Dan Patneaude, City of Desert Hot Springs
Juan Perez, County of Riverside
Jim Rodkey, City of Blythe
Eric Skaugset, Cities of Canyon Lake, Perris, & San
Jacinto
Chris Vogt, City of Moreno Valley
Tim Wassil, City of Indian Wells
John Wilder, City of Beaumont
Sean Yeung, Caltrans
Technical Advisory Committee Meeting
June 19, 2006
Page 2
Others Present:
Alicia Colburn, Caltrans District 8
Paul Fagan, Caltrans District 8
Shirley Gooding, RCTC
Eric Haley, RCTC
Ken Lobeck, RCTC
Shirley Medina, RCTC
Paul Rodriguez; Urban Crossroads
3 Approval of Minutes
Minutes approved.
4. Public Comments
There were no public comments.
5. FFY 2005/06 OBLIGATION PLAN UPDATE
Ken Lobeck, RCTC, provided the RCTC TAC Version of the FFY 2005/06
Obligation Plan. . Shirley Medina, RCTC, stated that the document was
updated to reflect the projects that will not obligate by the end of FFY
2005/06 (by September• 30th). Projects listed in red on the list are being
moved to FFY 06/07. The updates for these projects indicate that they
should obligate their federal funds during the. first quarter of •FY 2006/07. A
key obligation delay factor has been the DBE program changes.
The revised estimated total RSTP/CMAQ obligations have decreased - to
$14.867 million. The AB 1012 requirement is to obligate about $12.5
million of RSTP by November 1" with •approximately $30 million total of
RSTP and CMAQ needed to be obligated together. Shirley stated that the
best way to secure the funds for those projects that will not be obligated is
by loaning the funds to other counties. RCTC is .examining if a loan to San
Bernardino or Sacramento counties can occur to prevent a potential fund
lapse. Furthercomplicating the obligation problem is that an amendment
2006 RTIP will, have to be accomplished •to shift ;the CMAQ .or RSTP from
the prior obligated year .(FFY 05/06) into theactive year prior to obligation
approval.
Sean Yeung, Caltrans, added that the deadline for submitting final FFY 05/06
obligation requests will be about July 30th. He stated that the time to
complete all required actions and receive obligationapproval before
Technical Advisory Committee Meeting
tJune 19, 2006
Page 3
September 30th has accelerated the deadline from the traditional August 15`h
date to the end of July.
Eric Haley, RCTC, commented that recently the California Transportation
Commission (CTC) is taking a hard-line towards granting multiple fund
allocation extensions. He cited a project in Los Angeles County as an
example. He stated that the CTC is not pleased with requests to extend
fund allocation deadlines and not to expect much sympathy from the CTC in
the future.
Shirley Medina added that she attended a teleconference meeting with
Caltrans Headquarters Local Assistance anda prevalent feeing expressed
was that the end of July obligation deadline may not be not enough time for
them to process and approve the obligation request. She encouraged TAC
members to submit their obligation request to Local Assistance by July 1' if
possible.
MEMORANDUM OF UNDERSTANDING (MOU) REGARDING PROJECT
DELIVERY AND ISSUES RESOLUTION
Ms. Medina indicated that staff has been working with the TAC
Subcommittee in developing the Memorandum of Understanding (MOU)
among all the agencies, TAC members, District 8 and RCTC. She circulated
the MOU and stated that it is a first step in defining roles and
responsibilities. She pointed out the Document Review Timelines table on
the fourth page of the MOU that is key. It is a general concept of what
should be expected and the goals that staff is trying to meet.
She stated that in the final document the third line of the timelines table for
PA&ED for state highway projects has been deleted to focus on the Local
Assistance responsibilities. PA&ED for state highway projects will be
handled under specific project charters or cooperative agreements. She
further stated that Local Assistance clarified that the;PS&E is not really. an
approval but is more or less a certification, which is. also lined •out on the
final document. She circulated the final document for review and signature
by the TAC members. Those members not in attendance will be asked to
sign their signature block and send it to RCTC.
Shirley Medina indicated that the TAC Subcommittee requested that Caltrans
provide workshops and training on the PES form and Section 106 processes.
Caltrans has been asked to provide a date, sometime in the August
timeframe. The training may be at Caltrans District 8 or at RCTC offices.
Technical Advisory Committee Meeting
June 19, 2006
Page 4
On the state highway side, key issues are being discussed. A meeting with
Paul Engstrom and his staff is scheduled for June 29 and progress will be
reported to the TAC. Ms. Medina stressed that staff is here to assist with
any problems getting projects through.
7. CALTRANS LOCAL ASSISTANCE REPORT
Sean Yeung, Caltrans Local Assistance, introduced Alicia Colburn, Caltrans
District 8 Senior Environmental Planner, who will be involved in ` local
assistance projects at the environmental stage.
Sean indicated that a project tracking system is being developed, and
because of the focus of their work is on obligations, he expects to have the
system finalized in the fall. Sean also stressed the need to update project
status for those projects on the "Inactive Project List".
Shirley Medina stated that if there are any projects on the inactive list and
the project has been completed, it should be closed out since Federal
Highways is monitoring to make sure projects are closed out. if it is not
closed out, Federal Highways would be able to request that the funds be
repaid.
2007 REGIONAL TRANSPORTATION PLAN (RTP) UPDATE
Ken Lobeck, provided a reformatted grade separation plan and explained the
various columns. He requested that each agency look at the listing and
make sure that nothing is missing. He pointed out that not every grade
separation is on the list, but reflects the Alameda Corridor East grade
separation projects.
9. REGIONAL TUMF PROJECT STATUS UPDATE
Shirley Medina provided a document, "TUMF Regional Arterial Program
Progress Report" and stated that this was included on the Consent Calendar
of the June Commission meeting and that it will be included in the
Commission agenda every other month with the next being' September. The
document indicates the number of agreements that have been signed, how
many are in process and those that are coming forward. In response to Tom
Boyd's question, Ms. Medina indicated that RCTC should be notified when
construction starts on projects. She stated that when agencies have PDT
meetings they should let staff know so that theminutes may be reviewed.
Technical Advisory Committee Meeting
June 19, 2006
Page 5
10. REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) AND
AMENDMENT PROGRAMMING ADJUSTMENTS
Ken Lobeck provided a presentation outlining some of the changes in the
RTIP beginning with amendment 01 to the 2006 RTIP. He stated that FHWA
considers the number of amendments Metropolitan Planning Organizations
(MPOs) submitted in the 2004 RTIP excessive and will limit SCAG to
quarterly amendments starting with the 2006 RTIP. He explained the
differences between formal and administrative amendments along with
allowable changes that can be made within each category. He noted that
scope changes, changing the modeling year, or attempting to add scope
elements that require modeling can't be made through an amendment.
These types of changes can only be made through the biennial RTIP update
which is wrapping up for the 2006 RTIP:
Ken described the allowable changes for administrative amendments include
lead agency changes, extremely minor description clarifications, fund shifts
among phases as long as the total cost does not change, fund swaps, and
cost changes that are below 20% and $2 million of the total project cost. He
described how an administrative amendment is processed and the
approximate time for approvals. The good news for administrative
amendments is they do not require a conformity review, a public review
period, and FHWA approval. Caltrans HQ approves administrative
amendments. This translates to about two months for an administrative
amendment to be approved from the time SCAG receives it.
Formal amendments differ from administrative amendments in'• that they
require a determination that no impact to the conformity finding has
occurred, must include a mandatory 30 day public review period, require a
formal update to the RTIP financial plan, and require FHWA's approval.
These added steps extend the approval time to approximately four to six
months once SCAG receives the amendment.
Ken concluded the presentation by explaining that prior to .adding a new
capacity enhancing project in the RTIP, SCAG must confirm that the project
is included in the current RTP. If it is not, SCAG must accomplish an RTP
amendment which could take up to five months. Ken stated that the project
as listed in the RTP will be examined to determine if consistency exists in
four primary areas that include the project limits, scope, costs, and
implementation timing. If a significant discrepancy exists, SCAG' will have to
accomplish the necessary RTP amendment prior to allowing the project to be
added to the current RTIP.
Technical Advisory Committee Meeting
June 19, 2006
Page 6
11. PM 2.5 PROJECT LEVEL CONFORMITY AND HOT SPOT ANALYSES
SUMMARY
Ken Lobeck provided an overview of the new PM 2.5 analysis requirement
that will impact projects requiring federal approval actions. He provided TAC
members a copy of the draft 2006 RTIP Local Highways project list that also
identifies if the project is initially subject to the PM 2.5 Hot Spot Analysis
requirement. The PM 2.5 analysis requirement applies currently only to
projects in the South Coast Air Basin (SCAB). Presently, the PM 2.5 analysis
requirement does not apply to projects in the Salton Sea Air Basin (SSAB).
Ken explained that the PM 2.5 analysis requirement took effect as of April
2006 and no. "grandfathered" period had been established by EPA. Over the
last month CTCs, Caltrans, and SCAG have been working with FHWA and
EPA to establish a process to review potential projects of air quality concern
(POAQC) and how to determine if they are not a POAQC.
The initial process for a POAQC review involves submitting a project
conformity review form to SCAG for discussion among FHWA, EPA, and
Caltrans HQ at the SCAG Transportation Conformity Work Group.(TCWG). A
copy of the current conformity review form was included in the TAC agenda.
A key part of the form is to provide the change in diesel truck traffic.
emissions that will result from the project. Ken stressed that the project
sponsor is responsible for completing the form plus ensuring that a qualified
person attends the SCAG TCWG and is prepared to discuss the project and
answer questions if necessary.
A question was raised if .the PM 2.5 analysis requirement applied to locally
funded projects. \ Ken replied thathis understanding from FHWA is that
projects that are 1.00% locally funded, do not. require NEPA, only CEQA is
required, are not regionally significant and have no federal approvals of any
kind are not subject to the PM 2.5 analysis requirement. Ken added that if
the project clearly falls into 40 CFR 93.126, Table 2 (exempt projects from
regional. modeling analysis) or 40 CPR 93.128 (signal synchronization
projects), then the project should not be a POAQC and not subject to the PM
2.5 analysis requirement.
Ken added that the CFR tables are included. with the RTIP Local Highways
System project list handout. He stated that a gray area exists for those
projects that fall into 40 CFR 93.127. Hecited new ' signals and
channelization as . category examples which are exempt . from regional
modeling analysis, but initially subject to the PM 2.5 analysis requirement
until determined not to be a POAQC. Ken remarked that over time as these
iTechnical Advisory Committee Meeting
June 19, 2006
Page 7
types are determined not to be a POAQC through review determinations,
sufficient history may emerge to easily qualify the projects early not as
POAQCs and avoid review determinations altogether. However, until a
sufficient history evolves for FHWA, these types of projects must complete a
review determination through the SCAG interagency consultation process.
Ken concluded the discussion that everyone should consider the RTIP Local
Highways System project list handout as a starting point. If a project is
identified as subject to the PM 2.5 requirement, yet the project sponsor
believes the project is not a POAQC, then they should complete the
conformity review form and submit the Local Highways System project to
Ken at RCTC. Projects with proposed. environmental documents sign -off
dates over the next six months or about ready to obligate their federal funds
are the highest priority for requesting a conformity review through the SCAG
TCWG. If the project is on the State Highway System, Ken indicated that the
conformity review form should be sent to Paul Fagan at Caltrans District 8
Program Management.
12. TRANSPORTATION ENHANCEMENT PROJECTS
Shirley Medina provided a TE Programming list to the TAC and reminded all
that the TE projects are part of 2006 STIP which will require CTC approval
to allocate funds. She requested a revised schedule from Beaumont and
Palm Desert. She stated that there are three projects. that are going forward
in FY 2006/07 as follows:
• Riverside — SR60/Market IC landscaping
• La Quinta — Jefferson Street Beautification
• Hemet — Old TEA 21
The above projects may start requesting their TE allocation in July or up to
April 2007 to get it on the CTC. agenda for allocation. She stressed that if
the allocation request for construction cannot be made, a 12-month
extension maybe granted by the CTC. Otherwise, it will have to be
reprogrammed into a future year. She asked that agencies contact her if
issues are already known that may prevent allocation.
13. JUNE 14, 2006 COMMISSION HIGHLIGHTS
Eric Haley, RCTC, stated that there was an item on the consent calendar
pulled that was of interest to Banning and Beaumont. Commissioner Terry
Henderson, who heads the Transit Committee, expressed interest in the
merger discussions between Banning and Beaumont, which led to a brief
Technical Advisory Committee Meeting
June 19, 2006
Page 8
discussion concerningfinancing and planning of minor financial costs that
are currently not covered by agreement.
Goods movement was discussed which led into a meeting with Senator
Feinstein's staff. About 25 people met in Los Angeles on Friday. There is
forward motion on the goods movement issue, probably around the idea of
financing with tax credit bonds. Another meeting is being scheduled in
northern California in July and the Senator will be here to sign in middle
August. Federal legislation is being aimed at grade separation and capacity
issues.
The Perris Valley Line was discussed and theapplication for that is going to
FTA this week. $30 million in the STIP has already been committed; to it.
A final discussion on the Mid County Parkway was held with the City of
Perris over alignments and conflicts within the city council regarding which
alignments should go where. He expects progress regarding preferred
corridors.
Mr. Haley said that regarding Riverside Orange County Authority (ROCA), an
MOU was created between water districts in order to access federal funds.
Discussion was held with MWD to do the geotechnical work on the Riverside
Orange County CETAP corridor. A Memorandum of Understanding was
signed to do the work but MWD decided to do it alone and they are not
concerned about the federal funding anymore.
The 2006 CMP was also approved and the TAC will receive copies shortly.
14. OTHER BUSINESS/ANNOUNCEMENTS
Mr. Haley indicated that RCTC will respond to CSAC's request for data.
Shirley Medina will send the survey request to the TAC. CSAC is looking
for a realistic needs assessment statewide county -by -county needs,
including cities, for rehabilitation and maintenance to try to set up the
equivalent of a local SHOPP program.
The annual retreat will be September 14 and 15, scheduled in Temecula but
could be in La Quinta.
Ms. Medina said that currently the agendas are mailed and e-mailed to the
TAC and included on RCTC's website, but RCTC's goal is to eliminate
Technical Advisory Committee Meeting
June 19, 2006
Page 9
excess paperwork. Therefore, staff is considering eliminating mailing the
hard copies of agendas. It will still be e-mailed and included on the website.
15. ADJOURNMENT
There being no further business for consideration by the Technical Advisory
Committee, the meeting was adjourned at approximately 11:40 A.M. The
next meeting is scheduled for July 17, 2006, 10:00 A.M., Riverside County
Transportation Commission, Riverside County Regional Complex, 4080
Lemon Street, Riverside, CA, Conference Room A, Third Floor.
Respectfully submitted,
/fl d ,m
Shirley Medina
Program Manager
AGENDA ITEM 5
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE:
July 17, 2006
TO:
Technical Advisory Committee
FROM:
Aaron Hake, Staff Analyst - Government Relations.
THROUGH:
John Standiford, Public Affairs Director
SUBJECT:
California Ballot Initiative Update: Eminent Domain
STAFF RECOMMENDATION:
This item is for the TAC to receive and file as an information item.
BACKGROUND INFORMATION:
In June 2005 the United States Supreme Court affirmed in the landmark Kelo v.
City of New London, CT that the power of eminent domain could indeed be used to
transfer privately ownedland from one private owner to another for the purposes
of economic development. The Court ruled that thepublic benefits of economic
growth are a constitutionally permitted "public use" to justify the taking of private
property under the Fifth Amendment.
The Kelo decision made headlines .across the country and private property rights
advocates harshly criticized the High Court's ruling. Detractors of the decision
expressed concern over the government's ability to condemn land and then use it
for a purpose where a private entity is making a profit and the correlation to a
public benefit is indirect, at best. However, the Court's opinion allovved
opportunity for the states to take up the issue. Through an effort bankrolled by a
New York millionaire, property rights interests in California have responded with a
ballot initiative that has qualified for the November 7, 2006 General Election.
If approved by the voters, this initiative will have multiple significant impacts on
local agencies' ability to use eminent domain, and may affect transportation
projects, including projects under construction or completed.
THE "PROTECT OUR HOMES ACT" (Prop 90)
Also known as the "Anderson Initiative," after one of the initiative's sponsors, the
"Protect Our Homes Act" is a State Constitutional Amendment that will go into
effect with a. simple majority approval from California voters this November. The
official ballot title given to the initiative by the Secretary of State is, "Government
Acquisition, Regulation of Private Property Initiative Constitutional Amendment." It
will appear on the ballot as •Proposition 90. The act issimilar to a pair of
constitutional amendments proposed in the state legislature last year which died in
their original committees.
Prop. 90 limits the use of eminent domain to "projects of public use" such as road
construction, the creation of parks, and zoning. Under the initiative's language;
governments cannot condemn private land for private use and claim as public use
on the grounds of economic development or tax ;revenue. However, private toll
roads and privately -owned prison facilities are mentioned as eligible public uses.
Additionally, the initiative requires that the property be used only for the stated
public use (e.g., if a city acquires property for road purposes., thecity may be
unable to use it for other unstated purposes such as sewer, water, or cable).
Another important impact of Prop. 90 is the immediate effect on pending eminent
domain court cases. The act will take effect instantly upon voter approval and will
apply to all eminent domain cases that have not been fully adjudicated, with the
potential consequence of sending many cases to re -trial in order to comply with the
new law. There are also vague provisions in the initiative that could render a vast
majority of past court opinions and orders on eminent domain cases null and void.
Further, the measure allows property owners to request a jury to determine'
"whether the taking is actually for a public use," as opposed to today's practice of
leaving such decisions to a judge.
Prop. 90 also makes changes to how property owners are compensated. Agencies
will be required to give the property owner copies of all. appraisals made on the
property, including appraisals upon which offers were never made. Rather than
valuing property based on the current use of the property, the act calls for property
to be valued according to the government's stated use for the property if that use
results in a higher value for the land. Generally ' speaking, Prop. '90 `adjusts
valuation and just compensation laws to favor property owners more so than
current statutes. '
The act contains many instances of language which, if passed by voters, could be
open to a broad range of legal interpretations by the courts. Thus, it is difficult to
assess the overall impact of this initiative until the results of the long line of
anticipated litigation related to the imprecise, undefined clauses in the act ". are
handed down by the courts. Legal experts are still assessing Prop. 90's language.
RCTC encourages city staffs to consult with their city attorneys on potential
interpretations.
Regardless, if the "Protect Our Homes Initiative" is to become law in November,
agencies would be well advised to be prepared for the immediate impacts on
eminent domain proceedings on transportation and other projects. The League of
California Cities, the California State Association of Counties, and the California
Redevelopment Association are monitoring developments surrounding this proposed
constitutional amendment and can be utilized as resources on this issue. RCTC
staff will keep the Committee and members of the Commission informed as this
measure heads to the ballot.
More information is available from the California Secretary of State's website at:
http://www.ss.ca.gov/elections/electionsj.htm#2006General
Attachment: Initiative Text
December 13, 2005
The Honorable Bill Lockyer
Attorney General, State of California
Office of the Attorney General
ATTN:Initiative Coordinator
1300 I Street
Sacramento, California 95814
Dear General Lockyer:
0,CEIVee)
DEC 2 12005
INITIATIVE COORDINATOR
ATTORNEY GENERAL'S OFFICE
Pursuant to Elections Code §9002, I hereby request that your office prepare a title and
summary of the chief purpose and points of the attached proposed initiative measure. I
am registered to vote in the State of California at the address listed below. Included is
my check for $200 as required by §9002.
Thank xou.
Anita S. Anderson
Section 1. STATEMENT OF FINDINGS
(a) The California Constitution provides that no person shall .be deprived of
property without due process of law and allows government to take or damage private
property only for a public use and only after payment to the property owner of just
compensation.
(b) Despite these constitutional protections, state and local governments have:
undermined private property rights through an excessive use of eminent domain power
and the regulation of private property for purposes unrelated to public health and safety.
(c) Neither the federal nor the California courts have protected the full scope •
of private property rights found in the state constitution. The courts have allowed local
governments to exercise eminent domain powers to advance private economic interests in
the face of protests from affected homeowners and neighborhood groups. The courts
have not required government to pay compensation to property owners when enacting
statutes, charter provisions, ordinances, resolutions; laws, rules or regulations not related'
to public health and safety that reduce the value of private property.
(d) As currently structured, the judicial process in California available to
property owners to pursue property rights claims is cumbersome and costly.
Section 2. STATEMENT OF PURPOSE
(a) The power of eminent domain available to government in California shall"..
be limited to projects of public use. Examples of public use projects include, but are not
limited to, road construction, the creation of public parks, the creation of public facilities,
land -use planning, property zoning, and actions to preserve the public health and safety.
(b) Public use projects that the government assigns, contracts or otherwise
arranges for private entities to perform shall retain the power of eminent domain.
Examples of public use projects that private entities perform include, but are not limited
to, the construction and operation of private toll roads and privately -owned prison
facilities.
(c) Whenever government takes or damages private property for a public use,
the owner of any affected property shall receive just compensation for the property taken
or damaged. Just compensation shall be set at fair market value for property taken and
diminution of fair market value for property damaged. Whenever a property owner and
the government can not agree on fair compensation, the California courts shall provide
through a jury trial a fair and timely process for the settlement of disputes.
(d) This constitutional amendment shall apply prospectively. Its terms shall
apply to any eminent domain proceeding brought by a public agency not yet subject to.a
final adjudication. No statute, charter provision, ordinance, resolution, law, rule or
regulation in effect on the date of enactment that results or has resulted in a substantial
loss to the value of private property shall be subject to the new provisions of Section 19
of Article 1.
(e) Therefore, the people of the state of California hereby enact "The Protect
Our Homes Act."
Section 3. AMENDMENT TO THE CALIFORNIA CONSTITUTION
Section 19 of Article I of the state constitution is amended to read:
SEC. 19. (a)(1) Private property may be taken or damaged only for a stated public use
and only when just compensation, ascertained by a jury unless waived, has first been paid
to, or into court for, the owner. Private property may not be taken or damaged forprivate
use.
(2) Property taken by eminent domain shall be owned and occupied by the
condemnor, or another governmental agency utilizing the property for the stated public
use by agreement with the condemnor, or may be leased to entities that are regulated by
the Public Utilities Commission or any other entity that the_government assigns, contracts
or arranges with to perform a public use project. All property that is taken by eminent
domain shall be used only for the stated public use.
(3) If any property taken through eminent domain after the effective date of this
subdivision ceases to be used for the stated public use, the former owner of the property
or a beneficiary or an heir if a beneficiary or heir has been designated for this purpose,
shall have the right to reacquire the property for the fair market value of the property
before the property may be otherwise sold or transferred. Notwithstanding subdivision (a)
of Section 2 of Article XIIIA, upon reacquisition the property shall be appraised by the
assessor for purposes of property taxation at its base year value, with any authorized
adjustments, as had been last determined in accordance with Article XIII A at the time "
the property was acquired by the condemnor.
(4) The Legislature may provide for possession by the condemnor following
commencement of eminent domain proceedings upon deposit in court and prompt release
to the owner of money determined by the court to be the probable amount of just
compensation.
(b) For purpose, of applying this section:
(1) "Public use" shall have a distinct and more narrow meaning than the term
"publicpurpose;" its limiting effect prohibits takings expected to result in
transfers to non -governmental owners on economic "development or tax revenue
enhancement grounds, or for any other actual uses that are not public in fact,
even though these uses may serve otherwise legitimate public purposes.
Public use shall not include the direct or indirect transfer of anypossessory
interest in property taken in an eminent domain proceeding from one private
party to another private party unless that transfer proceeds pursuant to a
government assignment, contract or arran_gement with a private entity whereby
the private entity performs a public use project. In all eminent domain actions,
the government shall have the burden to prove public use.
Unpublished eminent domain judicial opinions or orders shall be null and void.
(4). In all eminent domain actions, prior to the_government's occupancy, a property
owner shall be given copies of all appraisals by the government and shall be
entitled, at the property owner's election, to a separate and distinct
determination by a superior court jury, as to whether the taking is actually for a
public use.
If a public use is determined, the taken or damaged property shall be valued at
its highest and best use without considering any future dedication requirements
imposed by the government. If private property is taken for any proprietary
governmental purpose; then the property shall be valued at the use to which the
government intends to put the property, if such use results in a higher value for
the land taken.
OA In all eminent domain actions, just compensation shall be defined as that sum of
money necessary to place the property owner in the same position monetarily,
without any governmental offsets, as if the property had never been taken. Just
compensation shall include, but is not limited to, compounded interest and all
reasonable costs and expenses actually incurred:
In all eminent domain actions, fair market value shall be defined as the highest
price the property would bring on the open market.
ft Except when taken to protect public health and safety, "damage" to private
property includes government actions that result in substantial economic loss to
private property. Examples of substantial economic loss include, but are not
limited to, the down zoning of private property, the elimination of any access to
private property and limitations on the use of private air space. "Government
action' shall mean any statute, charter provision, ordinance, resolution, law, rule
or regulation.
A property owner shall not be liable to the government for attorney fees or costs
in any eminent domain action.
(10) For all provisions contained in this section, government shall be defined as the
State of California, its political subdivisions agencies, any public or private
agent acting on their behalf, and any public or private entity that has the power
of eminent domain.
(c) Nothing in this section shall prohibit the California Public Utilities Commission from
regulating public utility rates.
(d) Nothing in this section shall restrict administrative powers to take or damage private`
property under a declared state of emergency.
(e) Nothing in this section shall prohibit the use of condemnation powers to abate
nuisances such as blight, obseenity,sornogrnphy, hazardous substances or environmental
conditions provided those condemnations are limited to abatement of specific conditions
on specific parcels.
Section 4. IMPLEMENTATION AND AMENDMENT
This section shall be self-executing. The Legislature may adopt laws to further
the purposes of this section and aid in its implementation. No amendment to this section
may be made except by a vote of the people pursuant to Article II or Article XVIII.
3
Section 5. SEVERABILITY
The provisions of this section are severable. If any provision of this section or its
application is held invalid, that finding shall not affect other provisions or applications
that can be given effect without the invalid provision or application.
Section 6. EFFECTIVE DATE
This section shall become effective on the day following the election pursuant to
section 10(a) of Article II.
The provisions of this section shall apply immediately to any eminent domain
proceeding by a public agency in which there has been no final adjudication.
Other than eminent domain powers, the provisions added to this section shall not
apply to any statrite, charter provision, ordinance, resolution, law, rule or regulation in
effect on the date of enactment that results in substantial economic loss to private
property. Any statute, charter provision, ordinance, resolution, law, rule or regulation in
effect on the date of enactment that is amended after the date of enactment shall continue
to be exempt from the provisions added to this section provided that the amendment both
serves to promote the original policy of the statute, charter provision, ordinance,
resolution, law, rule or regulation and does not significantly broaden the scope of
application of the statute, charter provision, ordinance, resolution, law, rule or regulation
being amended. The governmental entity making the amendment shall make a
declaration contemporaneously with enactment of the amendment that the amendment
promotes the original policy of the statute, charter provision, ordinance, resolution, law,
rule or regulation and does not significantly broaden its scope of application. The
question of whether an amendment significantly broadens the scope of application is
subject to judicial review.
4
AGENDA ITEM 6
RIVERS/DE COUNTY TRANSPORTATION COMMISSION
DATE:
July 17, 2006
TO:
Technical Advisory Committee
FROM:
Shirley Medina, Program Manager
SUBJECT:
Report on Bond Measure Workshop
STAFF RECOMMENDATION:
This item is for the TAC to receive and file.
BACKGROUND INFORMATION
The California Transportation Commission (CTC) held a workshop ,on June 27,
2006 to discuss the infrastructure bond package that will be considered by the
California voters this November. The CTC will play a primary role in the allocation
of specific funding categories and will begin to hold meetings to develop criteria
and establish guidelines for the following areas:
• Corridor and Mobility
• Performance Monitoring System
• State and Local Partnership
• Trade Corridor Infrastucture
• Public -Private Partnerships
RCTC staff will be actively participating in these meetings. If the bond measure
passes, the earliest funds could be available is July 1, 2007. Projects that will
receive bond funding must be ready for construction by December 31, 2012.
Secretary Sunne Wright McPeak stated that leveraging local funds should be
!considered as a criterion for project selection along with economic impacts and
project readiness.
;The Draft 2008 STIP Fund Estimate will also be released around the July
timeframe, which will provide a broader perspective of the amount of funding that
;will be available in the next few years. Although the bond measure passage poses
a great opportunity for additional funding, there is continuing concern over the
construction material cost increases and resource availability (e.g. aggregates,
asphalt, Portland cement, etc.).
,Attachment: Transportation Bond Summary
MARIAN BERGESON. Chair
JAMES C. GHIELMETTI. Vice Chair
BOB ALVARADO
JOHN CHALICER
JEREMIAH F. HALLISEY
R. IC LINDSEY
JOSEPH TAVAGLIONE
ESTEBAN E. TORRES
LARRY ZARIAN
SENATOR ALAN LOWENTHAL, Ex Ottcio
ASSEMBLYMEMBER JENNY OROPEZA, Ex OHicio
JOHN F. BARNA JR., Executive Director
June 14, 2006
STATE OF CAUFORNIA
CALIFORNIA TRANSPORTATION COMMISSION
1120 N STREET, MS-52
P. O. BOX 942873
SACRAMENTO, 94273-0031
FAX (916) 653-2134
(916) 654-4245
hltp://womr.catc.ca.gov
ARNOLD SCNWARZENEGGER
GOVERNOR
Dear Transportation Partner
With the successful passage of an infrastructure bond package for consideration by the California voters
this November, a workshop will be conducted on June 27, 2006, from 10 A.M. to 4 P.M. in conjunction
with a special meeting of the California Transportation Commission (CTC). The workshop, jointly
sponsored by the CTC and the California Department of Transportation, will be held at the Sheraton
Grand Hotel, 1230 J Street, Sacramento, California. A summary of the transportation bonds is attached.
The prospect of a successful bond initiative is good news for transportation. We need to develop
implementation strategies and processes to ensure that the bond funds, once approved, are put to work
as quickly as possible to reduce traffic congestion and improve our transportation infrastructure
statewide. This workshop is a critical first step necessary for the successful implementation of this
program over the next several years. Your input and participation at this workshop is essential to
ensure that all issues are identified, understood by all parties, and fully addressed as we move forward.
We look forward to your participation in the workshop.
Sincerely,
WILL KEMP pON ' l YOHN BARNA
Director Executive Director
California Department of Transportation California Transportation Commission
Attachment
c: Sunne Wright McPeak, Secretary
Business, Transportation and Housing Agency
Attachment
TRANSPORTATION BOND SUMMARY
The infrastructure bond is part of, and is, a direct result of the Governor's Strategic
Growth Plan announced in January 2006. The full bond package will be on the
November 2006 ballot for consideration by California voters.
The transportation portion of the bond package includes $19.9 billion for safety
improvements and repairs to State highways, upgrades to freeways to reduce
congestion, repairs to local streets and roads, improvements to the seismic safety
of local bridges, expansion of public transit, reduction of air pollution, and
improvements to anti -terrorism security at ports.
In addition, the package authorizes State and regional agencies to engage in
public -private partnerships to attract billions of dollars in private investment for
the development of transportation infrastructure in the State.
The package also includes protection of any future Proposition 42 transfers. It
would allow the State to borrow the money, but pay it back within three years. It
also would restrict the State to only two such transactions every ten years.
Finally, the package includes legislation to streamline the environmental process
while safeguarding environmental protections.
Specifically, the bond includes:
$4.5 billion to relieve congestion by expanding capacity, enhancing operations,
and improving travel times in high -congestion travel corridors.
$1.0 billion for improvements to 400 mules of State Route 99 through the State's
Central Valley.
$3.1 billion for infrastructure improvements to seaports, land ports of entry, and
airports; to relieve traffic congestion along major trade corridors; and to improve
freight rail facilities to enhance the movement of goods from port to marketplace.
Included in this amount is $1.0 billion for air quality improvements that will
achieve emission reductions from activities related to port operations and freight
movement. $100 million of the total will also be available for port, harbor, and
ferry terminal security improvements.
$200 million for school bus retrofit and replacement to reduce air pollution and to
reduce children's exposure to diesel exhaust.
Attachment
$2.0 billion to augment funds for the State Transportation Improvement Program,
a five-year program of capital improvements for State and regional transportation
projects.
$4.0 billion for capital improvements and fleet expansion to enhance public
transit, intercity and commuter rail, and waterborne transit. Projects include new
capital projects; safety and modernization improvements, capital service
enhancements, rehabilitation, and bus rapid transit improvements.
$1.0 billion for transit safety, security, and disaster response for projects that
provide increased protection against a security and safety threat and increase the
capacity of transit operations to move people, goods and emergency personnel, ,
and equipment in the preparation for and the aftermath of a disaster.
$1.0 billion in matching funds for counties that have raised local money for
transportation projects.
$125 million to provide matching funds to complete the seismic safety work
needed on local bridges, ramps, and overpasses.
$250 million for railroad crossings and the construction of bridges over rail lines.
$750 million for highway safety, rehabilitation, and pavement preservation
projects, including $250 million for traffic light synchronization projects or other
technology -based improvements to improve safety operations and the capacity of
local streets and roads.
$2.0 billion for improvements to local transportation facilities that will repair and
rehabilitate local streets and roads, reduce local traffic congestion, improve traffic
flow, orincreasetraffic safety.
AGENDA ITEM 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE:
July 17, 2006
TO:
Technical Advisory Committee
!FROM:
Shirley Medina, Program Manager
!SUBJECT:
June 29, 2006 Project Delivery Subcommittee Meeting Report
'STAFF RECOMMENDATION:
This item is for the TAC to receive and file.
BACKGROUND INFORMATION
'On June 29, 2006, the Project Delivery Subcommittee met with Paul Engstrom,
Deputy District Director, Program/Project Management, to discuss project delivery
issues on state highway projects. Mr. Engstrom presented a draft Project Charter
template that is attached. The purpose of the Project Charter is to provide the
project team (consisting of Ca!trans, Local Agency, and Consultants) with an
outline of the project that is agreed to at the onset of the project. The Purpose and
Need section will outline the intent of the project and the PDT will all agree to
move forward based on the information provided in the Project Charter including
schedules. Mr. Engstrom has asked that the TAC review and provide comments on
the attached draft.
Other issues discussed are summarized as follows:
;Document Reviews -
TAC members stressed that reviews are not consistent and are not done in a timely
lmanner. Mr. Engstrom emphasized that if project packages/submittals are
'complete this greatly reduces the review time. For example, if the traffic volumes
are not included in the traffic study, then the environmental staff has to repeat
;their review to incorporate the missing information. Mr. Engstrom also commented
'that local agencies that use local models that are consistent with the SCAG model
'have an easier time with traffic study reviews.
'Project Delivery Team Meetings -
One of the main issues regarding PDT meetings is that decisions are not
;documented or are not upheld. Another problem with PDT meetings is that
information is not shared prior to the meetings, and therefore, decisions are
delayed. Action items need to be completed prior to the meeting so that decisions
can be made at the meeting to move the project forward. Regular attendance must
also be emphasized.
It was also discussed that the Caltrans Project Managers should have more
authority so that one person at the District can make decisions to move the project
forward and eliminate contradictions between District staff.
i
In response to the TAC's concern Mr. Engstrom reported that the District is
'working on the following items that are aimed at alleviating some of the issues the
;TAC raised:
• Project Charters — provides agreed upon project terms
• One Mail Stop Number — will assist in organizing submittals
• Tracking System = to track project status
• Consistent Reviews — to provide consistent reviews among departments
• Minutes/Decision Log — to document actions and decisions made
Paul Engstrom expressed his commitment on improving project delivery working
with local agencies and Caltrans Headquarters. The TAC also discussed the need
;to streamline federal processes, however, it was agreed that the, subcommittee
focus on improvements that Caltrans and the local agencies can make regarding
project delivery. Caltrans Headquarters is currently reviewing federal process
issues.
Attachment: Draft Project Charter
PROJECT CHARTER
NEW INTERCHANGE CONNECTION MCNAUGHTON PARKWAY INTERCHANGE BETWEEN DILLON
ROAD & CACTUS CITY
RIV-01'0-PM 62.3 to 62.9
CALTRANS EA 0845210
PANED PHASE
PROJECT SPONSOR: CITY OF COACHELLA
Date Prepared: July 6, 2006
Date Revised:
Pre ared and Submitted By:
w T Project Manager
CHARTER PURPOSE
The purpose of the Project Charter is to establish an agreement between project team
,(including all individuals responsible for the project delivery), Caltrans, and the Project
Sponsor (City of Coachella). This specifically relates to project schedule and conflict
resolution. The Project Charter will provide critical guidance to the Project Team
through the preparation of the Environmental Documents (PA&ED) and Plans,
;Specifications and Estimates (PS&E).
PROJECT LOCATION
See attached location map
'PROJECT BACKGROUND
Over the last ten years, significant planning and engineering studies have been
conducted on specific land use and circulation planning for the northeastern portion of
the City of Coachella. These studies have included preparation of a Specific Plan and
EIR, a Transportation Concept Report, inclusion of the proposed I-10/McNaughton
Interchangeinthe 1994 Regional Mobility Element and City of Coachella General Plan
Circulation Element in 1997.
In 1989, a Specific Plan and EIR was prepared for a 1,944 acre site located within the
northeastern boundaries of the City of Coachella, hereinafter referred to as the
'McNaughton Specific Plan. Principal access to this area was provided by A venue-50
A venue 52 and a new freeway interchange with 1-10.
In 1992, Caltrans District 11 prepared a Transportation Concept Report (TCR) for I-10.
.The proposed new interchange, which is the subject of this report, was identified by the
District as the Proposed McNaughton Parkway Interchange. The McNaughton
Development is included in this list of major developments that Caltrans considered in
preparing the TCR
1
I
On June 2, 1994, the Regional Council of the Southern California Association of
Governments (SLAG) adopted the 1994 Regional Mobility Element (RME). The RME is
an update of the Regional Transportation Plan required by federal and state law, which
responds to the Clean Air Acts. In addition to outlining the region' s20 year strategy for
meeting mobility goals, the RME also serves as the $71 billion master funding list for all
transportation improvements. The I-10/McNaughton Interchange is included in the list
of RME Projects.
In 1996,.the City of Coachella updated the Circulation Element of the City's General
Plan.. The Coachella General Plan Transportation Model was developed as part of the
Coachella General Plan Update. It was based on the Coachella Valley Association of
Governments (CVAG) regional transportation model (CVATS). It includes the proposed
I-10/McNaughton Parkway Interchange as a key element of the City's Circulation Plan.
PURPOSE & NEED
Currently, the City of Coachella arterial street system has one point of connection to I
10, which is at Dillon Road. The proposed easterly extension of Avenue 50 and
connection to I-10 at the Mc Naughton interchange is needed to provide the City with a
second point of access to 1-10 in the eastern and northern portions of the City.
The purpose of the proposed I-10/McNaughton Interchange isto provide access to 1-10
in the eastern and northern portions of the City of Coachella which include the Mc,.
Naughton Specific Plan Area. Without the proposed 1-10/McNaughton Parkway
Interchange, this traffic would be distributed to the City's local street system including
State Route 86S and would negatively impact the City's existing and planned circulation
system including SR-86S. Also, without the proposed new interchange, 8.0 km .
segment of 1-10 through the City of Coachella would provide only one point of access to
the entire City at Dillon Road_
DELIVERY SUCCESS CRITERIA
The criteria for project success'are the development and approval of a PR and approval
of NEPA / CEQA environment documents. PR will be prepared with a quantitative
analysis of all viable alternatives and will choose the preferred alternative for this
project. PR will effectively address the forecast traffic demands of the year 2030 (20
year beyond the completion of the construction) and provide a lever of service "E for all
traffic operations within the project area.
The PS&E"documents will provide information needed to provide a solid basis for
constructionand all related tasks, including a reasonable engineers estimate and
minimization of change orders generated due to inadequate or incorrect plans or
specifications. The PS&E package will result in a "biddable and buildable" set of plans
and specifications.
2
PROJECT DESCRIPTION
This project involves the construction of a new interchange McNaughton Parkway on
Interstate 10 between the existing Dillon Road Interchange (PM R58.9) and the I-
10/Cactus City Safety Roadside Rest Areas (PM R72.0) in Riverside County. The
proposed interchange is identified in the Route Concept Report. Several interchange
options were analyzed and ultimately, the Alternative 3 is considered as best choice.
Alt 3 is a partial cloverleaf interchange.
CONSTRAINTS, RISKS and ASSUMPTIONS
1. It is recognized by all Team members that conditions can change that will affect the
original schedule. Team members will work together to minimize the impacts of such
changes.
2. All comments will be addressed during the review, comment, and resolution process.
3. Documented decisions will hold as final unless conditions have changed. Decisions
shall be documented, and if changed assumptions, issues and conditions leading to the
change(s), they will also be documented.
4. It is assumed that the Resource Agencies will review the project documents in the time
allowed.
, 5. The Team will agree to the early identification of the project alternatives to be studied.
There will be a consensus formed on the number of alternatives to be studied. The
addition of project alternatives will likely cause schedule and cost impacts, and such
additions should be carefully considered before proceeding.
6. The PR will use traffic projections for the year 2030.
;7.
The recommended alternative will be reevaluated to ensure compatibility with the
following:
a. Year 2030 traffic projections.
b. Updates to the City of Coachella General Plan.
c. Proposed improvements to 1-10.
d. Changes in land uses within the Interchange area.
8. The PR will be developed in U.S. Customary English units.
9. For environmental approvals, Caltrans and FHWA will be the Lead Agencies for CEQA
and NEPA, respectively.
10. Risk management plans shall be updated and modified at each new phase of work, and
shall be the responsible of the Project Team to accomplish this task.
3
I
PHASE DELIVERABLES (see attached for the most recent detailed schedule)
Baseline Schedule at the adoption of the Project Charter)
PAJED
PS&E
RW Cert.
RTL
Start Const.
End Const
4/2/07.
8/6/07
10/8/07
12/3/07
4/8/08
12/8/08
1. Modified Access Report
2. Finalized Meeting Minutes
3. Traffic Study Report
4. Cooperative Agreement
5. Fact Sheet
6. RAN Data Sheets.
• Anticipated Area In Right Of Way
• Assessor Parcel Numbers
• Project Plans
7. Geometric Approval Document (GAD) — Refer to the District's GAD Guide
8. Storm Water Data Report
9. Environmental Document
• Draft Initial Study and associated items
• Natural Environmental Study (NES) Biology)
• 106 Study (Cultural)
• Air Quality Analysis
• Noise Study -
• Initial Study Assessment (ISA)
• Final IS and associated items
• TrafficAnalysis
• Visual Impact Analysis
• 4F
10. PS&E Package
DELIVERABLE MANAGEMENT
Management of the phase deliverables will be conducted by the Project Team through
4
I
monthly or regular progress and coordination meetings, as well as through constant .
monitoring of the project schedule, which identifies key deliverable milestones.
• Meeting Minutes are the basis of documentation for all decisions.
• The City shall follow the Departments' procedures and policies.
• The City or its designee must follow Appendix K-Preparation Guidelines for the
Project Report (PR) from the Project Development Procedure Manual (PDPM) for
the preparation of the PR document. 1n addition, the City shallcoordinate with
Design for .all submittals needed for the approval of the PR including Geometric
Approval Drawings (GADs) and New/Modified Connection Report.
• Quality control is the responsibility of the Project Sponsor, while quality, assurance is
the responsibility of Caltrans (refer to the District's QC/QA Guidelines).
• Packages submitted to Caltrans by the City or its designee must be reviewed and
concurred with by the City.
• The City will submit complete packages on or before the appointment dates as
indicated in the Project Schedule.
• The City will submit completed packages to the following address:
State of California Department of Transportation
Oversight Project Coordinator
464 W. Fourth Street, MS 1230
San Bernardino, CA 92401-1400
• When submittals are not received on or before the appointment date, Caltrans will
send a letter to the consultant with a copy to the Project Sponsor indicating that the
planned submittal is overdue in accordance with the project schedule.
• Caltrans Design or its designee will screen check the packages submitted by. the
City or its designee for adequacy and completeness and respond within 3-4 working
days.
• If submitted material is deemed incomplete, Caltrans will send a letter to the
consultant with a copy to the City indicating that the documents are not adequate
and ready for review.
When a package is submitted and is deemed ready for formal review, Caltrans will
provide comments on the package within 6-7 weeks.
• Standard review periods are listed herein, but are subject to change.
• Resource Agencies will have adequate review time, as follows:
5
" F H W A w i l l h a v e a d e q u a t e r e v i e w t i m e , a s f o l l o w s :
T h e C i t y s h a l l p r o v i d e r e s p o n s e s t o a l l c o m m e n t s w i t h t h e r e - s u b m i t t a l o f p l a n s a n d
r e l a t e d : d o c u m e n t s : I t s h o u l d w o r k w i t h T e a m m e m b e r s t o r e s o l v e a l l c o m m e n t s a n d
p r o j e c t i s s u e s i n a t i m e l y m a n n e r .
I f s o m e p r o j e c t e l e m e n t o r p r o c e s s i s m i s s e d o r d o n e i n e r r o r , t h e P r o j e c t T e a m w i l l
a s s e m b l e a s s o o n a s p o s s i b l e . t o e n s u r e c o r r e c t i v e a c t i o n i s t a k e n , a m e n d t h e
s c h e d u l e i f n e c e s s a r y , a n d d o c u m e n t t h e p r o c e s s .
" T h e P r o j e c t w i l l h a v e a s c h e d u l e t h a t i s j o i n t l y a p p r o v e d , u p o n t h e c o m p l e t i o n o f a
s c h e d u l i n g m e e t i n g t o b e h e l d b e t w e e n t h e C a l t r a n s P M , F u n c t i o n a l U n i t s , P r o j e c t
S p o n s o r '