HomeMy Public PortalAbout08 August 9, 2006 Commission77768
RECORDS
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
MEETING AGENDA
TIME: 10:00 a.m.
DATE: Wednesday, August 9, 2006
LOCATION: BOARD ROOM
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside
Commissioners
Chairman: Marion Ashley
1" Vice Chairman: Terry Henderson
2nd Vice Chairman: Jeff Stone
Bob Buster, County of Riverside
John F. Tavaglione, County of Riverside
Jeff Stone, County of Riverside
Roy Wilson, County of Riverside
Marion Ashley, County of Riverside
Barbara Hanna / Art Welch, City of Banning
Roger Berg / Jeff Fox, City of Beaumont
Robert Crain / Joseph DeConinck, City of Blythe
John Chlebnik / Shenna Moqeet / Bill Davis, City of Calimesa
Mary Craton / John Zaitz, City of Canyon Lake
Gregory S. Pettis / Charles England, City of Cathedral City
Juan M. DeLara / Richard Macknicki, City of Coachella
Jeff Miller / Karen Spiegel, City of Corona
Alex Bias / Yvonne Parks, City of Desert Hot Springs
Robin Lowe / Lori Van Arsdale, City of Hemet
Mary Roche / Robert Bernheimer, City of Indian Wells
Michael H. Wilson / Gene Gilbert, City of Indio
Terry Henderson / Don Adolph, City of La Quinta
Bob Magee / Robert L. Schiffner, City of Lake Elsinore
Frank West / Charles White, City of Moreno Valley
Rick Gibbs / Douglas McAllister, City of Murrieta
Frank Hall / Harvey Sullivan, City of Norco
Dick Kelly / Robert Spiegel, City of Palm Desert
Ronald Oden / Ginny Foat, City of Palm Springs
Daryl Busch / Mark Yarbrough, City of Perris
Ron Meepos / Alan Seman, City of Rancho Mirage
Steve Adams, City of Riverside
Jim Ayres / Chris Buydos, City of San Jacinto
Ron Roberts / Jeff Comerchero, City of Temecula
Mike Perovich, Governor's Appointee
Eric Haley, Executive Director
Anne Mayer, Deputy Executive Director
Hideo Sugita, Deputy Executive Director
Comments are welcomed by the Commission. If you wish to provide comments to the Commission, please
complete and submit a Testimony Card to the Clerk of the Commission.
11.36.0
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
www.rcte.org.
AGENDA*
*Actions may be taken on any item listed on the agenda
10.00 a.m.
Wednesday, August 9, 2006
BOARD ROOM
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside
In compliance with the Americans with Disabilities Act and Government Code Section
549542, if special assistance is needed to participate in a Commission meeting, please
contact the Clerk of the Board 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.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. PUBLIC COMMENTS (Items not listed on the agenda)
5. 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.)
6. RESOLUTION NO. 06-020, "RESOLUTION OF THE RIVERSIDE COUNTY
TRANSPORTATION COMMISSION AUTHORIZING. THE EXECUTIVE
DIRECTOR OR DESIGNEE THE AUTHORITY TO ESTABLISH THE AMOUNT
OF JUST COMPENSATION FOR REAL PROPERTY PURCHASES
Page 1
Overview
This item is for the Commission to adopt Resolution No., 06-020, "Resolution
of the Riverside County Transportation Commission Authorizing the Executive
Director or Designee the Authority to Establish: the Amount of Just
Compensation for Real Property, Purchases'.
Riverside County Transportation Commission Agenda
August 9, 2006
Page 2
7. STRATEGIC PARTNERSHIP STATUS REPORT
Page 5
This item is for the Commission to receive an oral report on the status of the
Strategic Partnership.
8. 2009 MEASURE A 10-YEAR DELIVERY PLAN APPROACH, ASSUMPTIONS
AND CRITERIA
Overview
Page 6
This item is for the Commission to receive a report on the 2009 Measure A
10-Year Delivery Plan.
9. COMMISSIONERS / EXECUTIVE DIRECTOR'S 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.
10. CLOSED SESSION ITEMS
A CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION
Pursuant to Subdivision (a) of Government Code Section 54956.9
B. CONFERENCEWITH LEGAL COUNSEL: ANTICIPATED LITIGATION
Pursuant to Subdivision (b) of Government Code Section 54956.9
CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION
Pursuant to Subdivision (c) of Government Code Section 54956.9
CONFERENCE WITH REAL PROPERTY' NEGOTIATOR
Pursuant to Government Code Section 54956.8'
Negotiating Parties: RCTC Executive Director or Designee
Property Owners - See List of Property Owners
11. ADJOURNMENT
The next Commission meeting is
Thursday, September 14, 2006,
50-777 Santa Rosa Plaza, La Quinta,
scheduled to be held at 3:00 p.m.,
Embassy Suites Hotel La Quinta,
CA 922'53.
DETACH AND SUBMIT TO -THE -CLERK OF -THE -BOARD
Speakers shall complete the following: DATE: AVM _ 9 6i. ()6 .
SUBJECT OF
PUBLIC COMMENTS: 12' PUBLIC COMMENTS: '�j Nonq r ti + ( c41$. 1
AGENDA ITEM NO.: SUBJECT OF �� i
IAS LISTED ON THE AGENDA) AGENDA ITEMS 1 AA t �, 5' -i
Nx�itytn., �w� ,roj
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NAME: �� ACk—A- IZA (y . TEL. NO.95f "4 577 r /g
ADDRESS: �,(11)M7y j (1 � r PthR l5 (Ks 9C
Street City Zip Code
REPRESENTING:
BUSINESS ADDRESS:
RCTC/nk 10/03
Name of Group
��� TEL. NO.:
DETACH AND SUBMIT TO THE CLERK OF THE BOARD
Speakers shall complete the following: DATE: 411G--
PUBLIC COMMENTS: ❑
AGENDA ITEM NO.:
(AS LISTED ON THE AGENDA)
SUBJECT OF
PUBLIC COMMENTS: 14/64/6401/E '.OL/Nk S%jr7,041
SUBJECT OF
AGENDA ITEM:
NAME: �. c 'iditt nl e tr 84-RN� TEL. NO.: * 3 44 %9f.
ADDRESS: 44'7/74 P/fetsrE-cr II a4/61(06 1 ezar
City Zip Code
REPRESENTING:
BUSINESS ADDRESS:
RCTC/nk 10/03
Street
Name of Group
TEL. NO.:
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RIVERSIDE COUNTY TRANSPORTATION COMMISSION
COMMISSIONER SIGN -IN SHEET
AUGUST 9, 2006
NAME
AGENCY
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RIVERSIDE C0UNTY TRANSPORTATION COMMISSION
ROLL CALL
August 9, 2006
Present Absent
;County of Riverside, District I � d''
County of Riverside, District II 0
;County of Riverside, District III 0
County of Riverside, District IV � 0
;County of Riverside, District V 0,
City of Banning � 0
City of Beaumont d 0,
City of Blythe 0_
,City of Calimesa 0,
City of Canyon Lake 0
,City of Cathedral City 0 0
City of Coachella 0 0
,City of Corona 0 0
City of Desert Hot Springs 0 0
City of Hemet 0
City of Indian Wells 0 0
,City of Indio 0
City of La Quinta 0
CCity of Lake Elsinore 0,
City of Moreno Valley � 0
;City of Murrieta ,P�
City of Norco
,City of Palm Desert 0 g
City of Palm Springs
'City of Perris
City of Rancho Mirage
,City of Riverside
City of San Jacinto
;City of Temecula
Governor's Appointee, Ca!trans District 8 0
AGENDA ITEM 6
RIVERSIDE COUNTY TRANSPORTATION COMM/SS/ON
DATE:
August 9, 2006
TO:
Riverside County Transportation Commission
FROM:
Min Saysay, Program Manager
THROUGH:
Eric Haley, Executive Director
SUBJECT:
Resolution No. 06-020, "Resolution of the Riverside County
Transportation Commission Authorizing the Executive Director or
Designee the Authority to Establish the Amount of Just
Compensation for Real Property Purchases"
STAFF RECOMMENDATION:
This item is for the Commission to adopt Resolution No. 06-020, "Resolution of the
Riverside County Transportation Commission Authorizing the Executive Director or
Designee the Authority to Establish the Amount of Just Compensation for Real
Property Purchases':
BACKGROUND INFORMATION:
The Commission will be acquiring interests in real property to support current and
future Measure A highway and rail projects. Federal and state laws provide that
just compensation be paid to property owners whose interests in real property are
being acquired for a public project.
Federal and state regulations (Regulations) provide that the basis for just
compensation shall be established through the appraisal process. Regulations
further provide that "an agency official must establish the amount believed to be
just compensation" (49 CFR Part 24, Subpart A). This will be the basis of the
initial offer to be presented by the Commission to property owners.
Each interest in real property to be acquired will be appraised by one of the
Commission's On -Call Appraisers. Upon receipt of the appraisal, staff will review
the appraisal to ensure compliance with federal and state regulations. Thereafter,
the appraisal will be submitted to one of the Commission's On -Call Review
Appraisers who can recommend the appraisal as the basis for the establishment of
the amount believed to be just compensation.
Agenda Item 6
1
The Commission's On -Call Appraisers and On -Call Review Appraisers are selected
13ased on education, experience in appraising properties for acquiring agencies,
licensure by the State of California, and demonstrated impartiality in rendering
opinions of real estate values.
The appraisal and review appraisal will be reviewed by staff and legal counsel-. -
Thereafter, a recommendation for the establishment of the amount of just
compensation will be submitted to the Executive Director or designee for approval.
Attachment: Resolution No. 06-020
Agenda Item 6
2
•
RESOLUTION NO. 06-020
RESOLUTION OF THE
RIVERSIDE_ COUNTY TRANSPORTATION COMMISSION
AUTHORIZING THE EXECUTIVE DIRECTOR OR DESIGNEE
THE AUTHORITY TO ESTABLISH THE AMOUNT OF
JUST COMPENSATION FOR REAL PROPERTY PURCHASES
WHEREAS, the Commission anticipates that it will be acquiring interests in
real property to support future transportation projects through the Riverside
County; and
WHEREAS, federal and State law provide that the basis for just
compensation to be paid to property owners for the acquisition of property be
established through the appraisal process and further provide that "an agency
official must establish the amount believed to be just compensation" (49 CFR Part
24 Subpart A). Such appraisals are reviewed by Commission staff and legal
counsel to ensure compliance with federal regulations; and,
WHEREAS, where required by federal law, Commission staff will submit the
appraisal to a review appraiser in accordance with federal law; and
WHEREAS, based on the appraisal and review appraisal, Commission staff,
in conjunction with legal counsel, will establish the just compensation to be paid in
accordance with the applicable state and/or federal lave; and
WHEREAS, the recommendation by Commission staff and legal counsel will
be presented to the Commission's Executive Director, or designee, for final
approval; and
WHEREAS, this resolution is not intended to provide any independent
authority to the Executive Director or Commission staff to bind the Commission to
the purchase of real property.
NOW, THEREFORE, the Commission resolves that the Commission's
Executive Director, or designee, is authorized, pursuant to legal counsel review, to
establish the amount of just compensation to be paid property owners whose
interests in real property are being acquired by the Commission.
3
PASSED AND ADOPTED this 9th day of August, 2006.
ATTEST:
By:
By:
4arion Ashley, Chair
Riverside County Transportation Commission
Jennifer. Harmon, Clerk of the Board
Resolution No. 06-020
4
AGENDA ITEM 7
RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON
DATE:
August 9, 2006
TO:
Riverside County Transportation Commission
FROM:
Anne Mayer, Deputy Executive Director
THROUGH:
Eric Haley, Executive Director
SUBJECT:
Strategic Partnership Status Report
STAFF RECOMMENDATION:
This item is for the Commission to receive an oral report on the status of the
Strategic Partnership.
BACKGROUND INFORMATION:
At its February 8, 2006 meeting, the Commission approved the list of pre -qualified
firms for On -Call Strategic Partnership Advisor Services. The assistance of experts,
knowledgeable in the area of transportation economics, federal transportation
funding tools and corporate equity investment evaluation, is critical to the success
of the Commission's Strategic Public/Private Partnership. (P3) program. It is likely
that the 2009 Measure A 10-Year Delivery Plan will identify a significant gap
between funding readily available through conventional governmental finance
techniques and project needs. Private and public financing, including the
development of strategic public/private partnerships, could bridge a significant
portion of the funding gap in order to construct the needed projects.
With the assistance of the advisory team, staff has proceeded with the
development of a program and project assessment. A key component of the
program developed by the team is an education process for staff and
commissioners to ensure an understanding of P3 programs including benefits and
risks. The oral report will include an overview of Public/Private Partnerships and
Delivery Models.
Agenda Item 7
5
xNINTRODUCTION TO
C PRIVATE PARTNERSHIPS
G�D-DELIVERY MODELS
Riverside County
Transportation Commission
Nossaman Guthner Knox & Elliott LLP
Corey A. Boock
August 9, 2006
(® Copyright, 2006
Nossarron Outliner Knox & Elliott LLP
All ]tights Reserved)
1. Overview of Public -Private Partnerships
2. P3 Delivery Models
Cove
P3s
■ Nomenclature
■ Types of Concessions
■ U.S. Examples Where Used
■ Why Now in the U.S.?
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Nomenclature
■ Names for Transaction
o Concession
o Franchise
o Public -Private Partnership (P3)
o Build -Operate -Transfer (BOT)
o Build -Transfer -Operate (BTO)
o Design -Build -Finance -Operate (DBFO)
o Private Finance Initiative (PH)
o Build -Own -Operate (BOO)
■ Long-term lease and operation of existing
assets — "Asset Sales/Leases"
■ Construction and operation of new
facilities — "Development Concessions"
■ Reconstruction, expansion and operation of
existing facilities — "Mixed Concessions"
Attributes of an Asset Sale/Lease
o Existing Facility
o Operations, traffic and
maintenance history
o Stable cash flows and expenses
o Lower risk profile for concessionaire in terms of
traffic and revenue
■ Requires steady, stable return to investor
o "Buying a going concern"
Overview
Types
P3s
Concessions
■ Attributes of a Development Concession
o New Facility
o No operations, traffic or maintenance history
o Unproven cash flows and expenses
■ Reliance on cost estimates and traffic & revenue projections
o Higher risk profile for concessionaire
■ Construction risk (delay and cost -overruns)
■ Traffic and revenue/start-up risk
■ Higher risk profile requires higher return to investor
o Once past start-up, risks become similar to asset sale/lease
Revenue Positive Projects
o Project revenues exceed:
■ Capital Costs
■ Debt Costs (interest, principal, reserves
■ O&M Costs
■ Handback/End of Term Costs
■ Return to Private Partner
o Can result in upfront payment from private partner to public
agency owner or revenue sharing or both
■ Revenue Negative Projects
o Project revenues do not exceed:
■ Capital Costs
■ Debt Costs (interest, principal, reserves)
■ O&M Costs
■ Handback/End of Term Costs
■ Return to Private Partner
■ Contract provides for how "gap" is filled
o How and when does Owner or other $ come in and under what
circumstances
o It may provide for recapture of $ back to Owner if Project performs
above a certain measure
UlA
■ Asset Sales/Leases
o Indiana
■ IFA— Indiana Toll Road (completed)
o City of Chicago
■ Skyway (completed)
o Investigations/Feasibility Analyses in Illinois,
Ohio, New Jersey and Texas
■ Development Concessions
o Indiana
■ InDOT/IFA — 1-69 (procurement to commence Oct. `06)
o Oregon
■ ODOT -- Sunrise Project (contract executed)
■ ODOT -- Newberg -Dundee Transportation
Improvement Project (contract executed)
■ ODOT -- South-205 Corridor Project (contract
executed)
o California
■ Caltrans — SR 125 (under construction)
s OCTA - SR 91 (in operation)
■ BART — Oakland Airport Connector (active
procurement)
�% D e v e l o p m e n t C o n c e s s i o n s ( c o n t '