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Home My Public Portal About08 August 25, 2008 Budget & Implementation85166 RIVERSIDE COUNTY TRANSPORTATION COMMISSION • BUDGET AND IMPLEMENTATION COMMITTEE MEETING AGENDA TIME: 9:30 a.m. DATE: Monday, August 25, 2008 LOCATION: BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside • • ***COMMITTEE MEMBERS*** Steve Adams, Chair / Andy Melendrez, City of Riverside Roger Berg, Vice -Chair / Jeff Fox, City of Beaumont Joseph DeConinck / Robert Crain, City of Blythe John Chlebnik / Ray Quinto, City of Calimesa Mary Craton / John Zaitz, City of Canyon Lake Gregory S. Pettis / Kathleen DeRosa, City of Cathedral City Eduardo Garcia / Steven Hernandez, City of Coachella Yvonne Parks / Scott Matas, City of Desert Hot Springs Terry Henderson / Don Adolph, City of La Quinta Bob Magee / Robert L. Schiffner, City of Lake Elsinore Rick Gibbs / Kelly Bennett, City of Murrieta Gordon Moller / Alan Seman, City of Rancho Mirage Ron Roberts / Jeff Comerchero, City of Temecula John F. Tavagiione, County of Riverside, District II ***STAFF*** Anne Mayer, Executive Director Theresia Trevino, Chief Financial Officer * * *AREAS OF RESPONSIBILITY*** Annual Budget Development and Oversight Countywide Strategic Plan Legislation Measure A Implementation and Capital Programs Public Communications and Outreach Programs Competitive Grant Programs: TEA 21-CMAQ & STP, Transportation Enhancement and SB 821-Bicycle & Pedestrian SAFE/Freeway Service Patrol TUMF Program Comments are welcomed by the Committee. If you wish to provide comments to the Committee, please complete and submit a Speaker Card to the Clerk of the Board. 11.36.06 " " RIVERSIDE COUNTY TRANSPORTATION COMMISSION BUDGET AND IMPLEMENTATION COMMITTEE www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 9.30 a.m. Monday, August 25, 2008 BOARD ROOM County Administrative Center 4080 Lemon Street, First Floor Riverside, California 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 at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission's website, www.rctc.org. /n 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 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 - Each individual speaker is limited to speak three (3) continuous minutes or less. The Committee may, either at the direction of the Chair or by majority vote of the Committee, waive this three minute time limitation. Depending on the number of items on the Agenda and the number of speakers, the Chair may, at his/her discretion, reduce the time of each speaker to two (21 continuous minutes. Also, the Committee may terminate public comments if such comments become repetitious. In addition, the maximum time for public comment for any individual item or topic is thirty (30) minutes. Speakers may not yield their time to others without the consent of the Chair. Any written documents to be distributed or presented to the Committee shall be submitted to the Clerk of the Board. This policy applies to Public Comments and comments on Agenda items. Budget and Implementation Committee August 25, 2008 Page 2 Under the Brown Act, the Board should not take action on or discuss matters raised during public comment portion of the agenda which are not listed on the agenda. Board members may refer such matters to staff for factual information or to be placed on the subsequent agenda for consideration. 5. APPROVAL OF MINUTES - APRIL 28, 2008 6. ADDITIONS/REVISIONS (The Committee 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 Committee subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Committee. If there are less than 2/3 of the Committee 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.) 7A. QUARTERLY FINANCIAL STATEMENTS Overview This item is for the Committee to: Page 1 1) Receive and file the Quarterly Financial Statements for the fourth quarter ended June 30, 2008; 2) Approve a budget adjustment for the increase in Measure A local streets and roads expenditures of $6.729 million; and 3) Forward to the Commission for final action. 7B. QUARTERLY INVESTMENT REPORT Overview This item is for the Committee to: Page 8 1) Receive and file the Quarterly Investment Report for the quarter ended June 30, 2008; and 2) Forward to the Commission for final action. • " Budget and Implementation Committee August 25, 2008 Page 3 7C. SINGLE SIGNATURE AUTHORITY REPORT Overview This item is for the Committee to: Page 22 1) Receive and file the Single Signature Authority Report for the fourth quarter ended June 30, 2008; and 2) Forward to the Commission for final action. 7D. INTERFUND LOAN ACTIVITY REPORT Overview This item is for the Committee to: 1) Receive and file the Interfund Loan Activity Report; and 2) Forward to the Commission for final action. " 7E. QUARTERLY SALES TAX ANALYSIS Overview This item is for the Committee to: 1) Receive and file the sales tax analysis for Quarter 1, 2008; and 2) Forward to the Commission for final action. 8. NEW FINANCIAL MANAGEMENT SOFTWARE Overview This item is for the Committee to: Page 24 Page 26 Page 35 1) Receive and file information on Tyler Technologies' EDEN Financial Management solution; 2) Authorize staff to commence contract negotiations with Tyler Technologies to implement a new financial management software package; 3) Approve an estimated budget adjustment to increase FY 2008/09 expenditures for $550,000; and 4) Forward to the Commission for final action. Budget and Implementation Committee August 25, 2008 Page 4 9. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS REQUEST FOR A MEASURE A TRANSPORTATION IMPROVEMENT PROGRAM AMENDMENT FOR USE OF MEASURE A STATE HIGHWAY AND MAJOR REGIONAL ROAD PROJECT FUNDS IN THE COACHELLA VALLEY Page 49 Overview This item is for the Committee to: 1) Adopt Resolution No. 08-023, uA Resolution of the Riverside County Transportation Commission Initiating an Amendment to the Riverside County Transportation Commission Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance (Ordinance No. 88-1) and Making Findings of Necessity for Such Amendment", therefore initiating an amendment to the Measure A Transportation Improvement Program (TIP); and 2} Forward to the Commission for final action. 10. TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM - MEMORANDUM OF UNDERSTANDING AMENDMENT Overview This item is for the Committee to: Page 75 1) Approve Memorandum of Understanding (MOU) No. 04-72-002-01, Amendment No. 1 to MOU No. M23-002, between the Commission and Western Riverside Council of Governments (WRCOG) regarding the Transportation Uniform Mitigation Fee (TUMF); 2) Authorize the Executive Director to execute the amendment on behalf of the Commission; 3) Approve the TUMF Administrative Plan amendment; and 4) Forward to the Commission for final action. 11. MEASURE A REGIONAL ARTERIAL PROGRAM UPDATE Overview This item is for the Committee to: Page 106 1) Receive and file an update on the Measure A Regional Arterial (MARA) program; and 2) Forward to the Commission for final action. Budget and Implementation Committee August 25, 2008 Page 5 • 12. AGREEMENT WITH BURLINGTON NORTHERN SANTA FE RAILWAY TO PROVIDE RAILWAY FLAGGING SERVICES FOR THE PERRIS VALLEY LINE PROJECT DURING PRELIMINARY AND FINAL ENGINEERING Page 108 Overview This item is for the Committee to: 1) Approve Agreement No. 09-33-013-00, with Burlington Northern Santa Fe (BNSF) Railway to provide railway flagging services for the Perris Valley .Line (PVL) project during environmental, preliminary engineering, and potential final engineering design; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3) Authorize the Executive Director, pursuant to legal counsel review, to approve amendments for potential additional work to the BNSF agreement from a general contingency fund in the amount of $40,000; and 4} Forward to the Commission for final action. • 13. UNIVERSAL CALL FOR PROJECTS JOBS ACCESS REVERSE COMMUTE AND NEW FREEDOM CALL FOR PROJECTS GRANTS Page 110 Overview This item is for the Committee to: 1) Award Agreement No. 09-62-018-00 to the Coachella Valley Association of Governments (CVAG) for the Homeless Bus Pass Program in the amount of $76,932 in Jobs Access Reverse Commute (JARC) grant funds; 2) Award Agreement No. 09-62-019-00 to Desert Samaritans for the Elderly for the Last Resort transportation program in the amount of $31,807 in New Freedom grant funds; 3) Award the Commission $24,502 in JARC grant funds for the Coachella Valley Rideshare program; 4) Award Agreement No. 09-62-015-00 to SunLine Transit Agency (SunLine) for the Coachella TRIP program in the amount of $143,133 in New Freedom grant funds; 5) Award Agreement No. 09-62-016-00 to SunLine for the Extended Night/Guaranteed Service program in the amount of $245,020 in JARC grant funds; 6) Authorize the Chair, pursuant to legal counsel review, to execute agreements on behalf of the Commission; Budget and Implementation Committee August 25, 2008 Page 6 7) Approve up to $427,961 of additional Western Riverside County Measure A Specialized Transit funds to the applicable Western County Specialized Transit providers identified in Attachment 2; 8) Authorize the Executive Director, pursuant to legal counsel review, to extend the applicable Western County Specialized Transit provider contracts identified in Attachment 2 through December 30, 2008, to accommodate additional time for a staff recommendation and award of the Western County Universal Call for Projects grant funds; and 9) Forward to the Commission for final action. 14. AGREEMENT WITH AMMA FOR THE PROVISION OF ADDITIONAL TRANSIT SUPPORT SERVICES Page 116 Overview This item is for the Committee to: 1) Approve Agreement No. 08-26-115-01, Amendment No. 1 to Agreement No. 08-26-115-00, with AMMA to provide technical support services for an additional $100,000 related to the delivery of the Coordinated Plan, Universal CaII for Projects, and the provision of general transit analysis services; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3) Approve a budget amendment of $ 100,000 for an increase in professional service expenditures; and 4) Forward to the Commission for final action. 15. FISCAL YEAR 2009-13 MEASURE A FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR LOCAL STREETS AND ROADS FOR THE CITY OF CANYON LAKE Page 124 Overview This item is for the Committee to: 1) Approve the FY 2009-13 Measure A Five -Year Capital Improvement Plan (CIP) for Local Streets and Roads for the city of Canyon Lake as submitted; and 2) Forward to the Commission for final action. • • Budget and Implementation Committee August 25, 2008 Page 7 • 16. STATE AND FEDERAL LEGISLATIVE UPDATE Overview This item is for the Committee to: • • Page 126 1) Receive and file an update on the State and Federal Legislation; 2) Adopt the following bill positions: a. H.R. 6052 (Oberstar) / S. 3380 (Clinton) - MONITOR; b. H.R. 6532 (Rangel) - MONITOR; c. H.R. 6003 / S. 294 (Lautenberg) - MONITOR; and 3) Forward to the Commission for final action. 17. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 18. COMMISSIONERS / STAFF REPORT Overview This item provides the opportunity for the Commissioners and staff to report on attended and upcoming meeting/conferences and issues related to Commission activities. 19. ADJOURNMENT AND NEXT MEETING The next Budget and Implementation Committee meeting is scheduled to be held at 9:30 a.m., Monday, September 22, 2008, Board Chambers, First Floor, County Administrative Center, 4080 Lemon Street, Riverside. RIVERSIDE COUNTY TRANSPORTATION COMMISSION BUDGET AND IMPLEMENTATION COMMITTEE ROLL CALL AUGUST 25, 2008 Present Absen County of Riverside, District II O City of Beaumont City of Blythe City of Calimesa City of Canyon Lake City of Cathedral City City of Coachella City of Desert Hot Springs City of La Quinta City of Lake Elsinore City of Murrieta City of Rancho Mirage City of Riverside City of Temecula BUDGET AND IMPLEMENTATION COMMITTEE COMMISSIONER SIGN -IN SHEET AUGUST 25, 2008 ,1 AME �b ge_ `fly'- �'►� c-mf 1S S 02 6.+1._ ./3Ah,L, AGENCY L� E MAIL ADDRESS RIVERSIDE COUNTY TRANSPORTATION COMMISSION BUDGET AND IMPLEMENTATION COMMITTEE Monday, April 28, 2008 MINUTES 1. CALL TO ORDER Chair Steve Adams called the meeting of the Budget and Implementation Committee to order at 9:31 a.m., in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside, California, 92501. 2. PLEDGE OF ALLEGIANCE At this time, Commissioner Terry Henderson led the Budget and Implementation Committee in a flag salute. 3. ROLL CALL Members/Alternates Present Members Absent Steve Adams John Chlebnik Mary Craton Joseph DeConinck Rick Gibbs Terry Henderson Bob Magee Gordon Moller Yvonne Parks 4. PUBLIC COMMENTS Roger Berg Eduardo Garcia Gregory Pettis Ron Roberts John Tavaglione There were no requests to speak from the public. Budget and Implementation Committee Minutes April 28, 2008 Page 2 5. APPROVAL OF MINUTES - March 24, 2008 M/S/C (Craton/Henderson) to approve the minutes of March 24, 2008, as submitted. 6. ADDITIONS / REVISIONS There was additional information on Agenda Item 13, "State and Federal Legislative Update". 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(sl. Items pulled from the Consent Calendar will be placed for discussion at the end of the agenda. MIS/C IHenderson/Craton) to approve the following Consent Calendar item(s): 7A. QUARTERLY INVESTMENT REPORT 1) Receive and file the Quarterly Investment Report for the quarter ended March 31, 2008; and 2) Forward to the Commission for final action. 7B. INTERFUND LOAN ACTIVITY REPORT 1) Receive and file the Interfund Loan Activity Report; and 2) Forward to the Commission for final action. 8. PROPOSED BUDGET FOR FISCAL YEAR 2008/09 Michele Cisneros, Accounting and Human Resources Manager, provided an overview of the proposed budget for FY 2008/09 and discussed the following areas: • Budget process; • Guiding policies; • FY 2008/09 Budget challenges; • Comparison to other governments; • Budget summary; • Revenue trends for FYs 2005/06 - 2008/09; " " Budget and Implementation Committee Minutes April 28, 2008 Page 3 " Revenues - Intergovernmental, Transportation Uniform Mitigation Fee revenue, other revenue, investment income, Measure A sales tax and Local Transportation Fund sales tax; " Revenue breakdown - FY 2007/08 revised budget, FY 2007/08 projected, and FY 2008/09 Budget; " Expenditures - Debt service, local streets and roads, transit, management services, other programs, and capital highway, regional arterial and rail; " Expenditures breakdown by department - FY 2007/08 revised Budget, FY 2007/08 projected, and FY 2008/09 Budget; " Department expenditure highlights; " Expenditure breakdown by function - FY 2007/08 revised Budget, FY 2007/08 projected, and FY 2008/09 Budget; " Expenditures breakdown - Debt service and costs of issuances, capital outlay, personnel, professional, support and projects and operations; " Functional expenditure highlights; " Personnel cost trends - FYs 2003/04 - 2008/09; " Measure A Administration; and " Next steps. Commissioner Henderson thanked Michele Cisneros for the presentation and recognized that the Commission and staff have managed the downturn in the revenue stream very well. Chair Adams expressed concern for the receipt of federal and state revenues due to the budget situation and noted that the Commission needs to have projects shelf ready when these funds become available. M/S/C (Craton/Gibbs) to: 1) Discuss, review and provide guidance on the proposed Budget for FY 2008/09; 2) Open the public hearing in order to receive input and comments on the proposed FY 2008/09 Budget on May 14, 2008, and on June 11, 2008, and close the public hearing; and 3) Forward to the Commission for final action. Budget and Implementation Committee Minutes April 28, 2008 Page 4 9. NEED FOR ADDITIONAL FUNDING FOR THE STATE ROUTE 91 HIGH OCCUPANCY VEHICLE LANE PROJECT Shirley Medina, Program Manager, provided an overview and background information on the need for additional funding for the SR-91 high occupancy . vehicle (HOV) lane project. Commissioner Henderson asked if with the economic downturn, if there been a decrease in property values and therefore a decreased estimate established for property acquisition. Shirley Medina asked Min Saysay, Right -of -Way Manager, to respond. Min Saysay stated that staff has revisited the square footage costs, however, commercial property values have not decreased. Anne Mayer, Executive Director, discussed the challenges facing transportation projects due to the shortage of funds and increased costs. M/S/C (Henderson/Craton) to: 1) Approve funding up to $51 million for the SR-91 high occupancy vehicle (HOV) right-of-way phase to be funded by a combination of federal funds and a Traffic Congestion Relief Program (TCRP) letter of no prejudice (LONP) reimbursement by Caltrans; 2) Approve up to $3.8 million of 1989 Measure A Highway funds as a loan to match the federal funds for cash flow purposes until the TCRP LONP funds are available to pay back any Measure A funds used; 3) Authorize the Executive Director to execute the cooperative agreement amendment and Corridor Mobility Improvement Account (CMIA) baseline agreement amendment, pursuant to legal counsel review; and 4) Forward to the Commission for final action. Budget and Implementation Committee Minutes April 28, 2008 Page 5 10. AGREEMENTS WITH EPIC LAND SOLUTIONS, INC., REAL ESTATE CONSULTING & SERVICES, INC., AND OVERLAND PACIFIC & CUTLER, INC. TO PROVIDE ON -CALL PROPERTY MANAGEMENT SERVICES Min Saysay provided an overview on the amendments to the agreements with Epic Land Solutions, Inc., Real Estate Consulting & Services, Inc. and Overland Pacific & Cutler, Inc. to provide on -call property management services. M/S/C (Henderson/Craton) to: 1) Approve Agreement No. 07-33-151-01, Amendment No. 1 to Agreement No. 07-33-151-00, with Epic Land Solutions, Inc.; Agreement No. 07-33-153-05, Amendment No. 2 to Agreement No. 07-33-153-00, with Real Estate Consulting & Services, Inc; and Agreement No. 07-33-152-01, Amendment No. 1 to Agreement No. 07-33-152-00, with Overland Pacific & Cutler, Inc., to provide on -call right-of-way property management services in the amount of $750,000 each, plus a pool contingency of $1 million, for a total services amount of $3.87 million; and 2) Forward to the Commission for final action. 11. AGREEMENTS WITH BRYAN A. STIRRAT & ASSOCIATES, LEIGHTON CONSULTING, INC., NINYO & MOORE GEOTECHNICAL, BUREAU VERITAS NA, INC., AND TETRA TECH FOR ON -CALL RIGHT-OF-WAY PHASE I AND PHASE II ENVIRONMENTAL SOIL ASSESSMENT SERVICES Min Saysay provided an overview on the amendments to the agreements with Bryan A Stirrat & Associates, Leighton Consulting, Inc., Ninyo & Moore Geotechnical, Bureau Veritas NA. Inc., and Tetra Tech for on -call right-of-way phase I and phase II environmental soil assessment services. Budget and Implementation Committee Minutes April 28, 2008 Page 6 M/S/C (Henderson/Craton) to: 1) Approve Agreement No. 07-31-146-03, Amendment No. 1 to Agreement No. 07-31-146-00, with Bryan A. Stirrat & Associates; Agreement No. 07-31-147-06, Amendment No. 2 to Agreement No. 07-31-147-00, with Leighton Consulting, Inc.; Agreement No. 07-31-148-01, Amendment No. 1 to Agreement No. 07-31-148-00, with Ninyo & Moore Geotechnical; Agreement No. 07-31-149-02, Amendment No. 1 to Agreement No. 07-31-149-00, with Bureau Veritas NA, Inc.; and Agreement No. 07-31-150-02, Amendment No. 1 to Agreement No. 07-31-150-00, with Tetra Tech to perform on -call right-of-way phase I and phase 11 environmental assessment services in the amount of $350,000 each, plus a pool contingency of $1 million, for a total services amount of $3.138 million; and 2) Forward to the Commission for final action. 12. AGREEMENT WITH VOLT EDGE SERVICES TO PROVIDE MINOR GENERAL, ELECTRICAL, MAINTENANCE, AND REPAIR SERVICES FOR THE COMMISSION -OWNED METROLINK STATIONS Min Saysay provided an overview on the agreement with Volt Edge Services to provide minor general, electrical, maintenance, and repair services for the Commission -owned Metrolink stations. M/S/C (Henderson/Gibbs) to: 1) Approve Agreement No. 08-24-087-00 with Volt Edge Services to provide minor general, electrical maintenance, and repair services for the five Commission -owned Metrolink stations in the amount of $150,000; and 2) Forward to the Commission for final action. 13. STATE AND FEDERAL LEGISLATIVE UPDATE Aaron Hake, Government Relations Manager, provided an update on state and federal legislation, highlighting the approval of AB 1954 (Jeffries) by the Assembly Transportation Committee for high occupancy toll (HOT) lanes on Interstate 15 and the approval of SB 1316 (Correa) by the Senate Transportation and Housing Committee to implement an extension of the Budget and Implementation Committee Minutes April 28, 2008 Page 7 State Route 91 express lanes. He also provided an overview on AB 3021 (Nava), AB 1854 (Duvall), and Propositions 98 and 99 related to eminent domain. Commissioner Henderson asked why staff felt AB 1854 may not remain active and if the entire $250 million will be spent. Aaron Hake replied there have been comments from leadership in Sacramento. However, when Proposition 1 B passed, it created $250 million to be spent down since the voters authorized funding for this program in a one time deal. Anne Mayer added that grade separations are essential to the communities and as mitigation for goods movement. If this category goes away and the grade separation project funds are folded into the State Transportation Improvement Program (STIP), the Commission may never see any funds. Commissioner Henderson provided background information on the League of California Cities and the Howard Jarvis Association involvement in Proposition 99. She expressed that she believes this proposition is not a threat to transportation or water projects; it is simply one more level of protection for the single-family homeowner. M/S/C (Henderson/Chlebnik) to: 11 Receive and file an update on state and federal legislation; 2) Approve positions on the following state bills and proposition: a► AB 3021 (Nava) — Support; bl AB 1854 (Duvall) — Work with author; c) Proposition 98 — Oppose; and 3) Forward to the Commission for final action. 14. ITEMS PULLED FROM CONSENT CALENDAR There were no items pulled from the Consent Calendar. Budget and Implementation Committee Minutes April 28, 2008 Page 8 15. COMMENTS BY COMMISSIONERS/STAFF 15A. Anne Mayer: • Announced the priority list of projects for the Trade Corridors Improvement Fund (TCIF) and the Interstate 15 high occupancy toll application were approved by the California Transportation Commission; • Highlighted the Commission's Framework for a Journey brochure that was handed out to the Commissioners ; and • Provided a report on the New York bond rating trip. 16. ADJOURNMENT There being no further business for consideration by the Budget and Implementation Committee, the meeting was adjourned at 10:38 a.m. The next meeting of the Budget and Implementation Committee is scheduled for June 23, 2008 at 9:30 a.m. Respectfully submitted, \LAN/1,4-4E1R_ Jennifer Harmon Clerk of the Board RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: August 25, 2008 TO: Budget and Implementation Committee FROM: Michele Cisneros, Accounting and Human Resources Manager THROUGH: Theresia Trevino, Chief Financial Officer SUBJECT: Quarterly Financial Statements STAFF RECOMMENDATION: This item is for the Committee to: 1) Receive and file the Quarterly Financial Statements for the fourth quarter ended June 30, 2008; 2) Approve a budget adjustment for the increase in Measure A local streets and roads expenditures of $6.729 million; and 3) Forward to the Commission for final action. BACKGROUND INFORMATION: During the past fiscal year, staff has closely monitored the revenues and expenditures of the Commission. The attached financial statements present the revenues received and expenditures incurred during the fiscal year. Accrual adjustments for revenue and expenditures have been made for June 30, 2008, and. are reflected in these financial statements. The Commission will continue to make year end accrual adjustments depending upon materiality through August 31, 2008. The operating statement shows that sales tax revenues for the fiscal year at 100% of the budget. This is a result of the Governmental Accounting Standards Board (GASH) Statement No. 33. GASB 33 requires sales tax revenue to be accrued for the period in which it is collected at the point of sale. The State Board of Equalization collects the Measure A and Local Transportation Fund (LTF) funds and remits them to the Commission after the reporting period for the businesses. This creates a two -month lag in the receipt of revenues by the Commission. Accordingly, these financial statements reflect the revenues related to collections through June 2008. The final accrual of revenue will be made once the September payment is received, which includes the fourth quarter FY 2007/08 clean-up adjustment. Agenda Item 7A 1 On a cash basis, the Measure A and LTF sales tax revenues are 7% and 5.2% lower, respectively than the same period last fiscal year. Receipts continue to remain flat through June 2008, due to effects of the softening in the :housing market and decline in auto sales. On February 13, 2008, the Commission approved the FY 2007/08 mid -year revenue projections. The dovvnward trend of sales tax revenues prompted staff to submit budget adjustments reflecting a $30.6 million and $10.84 million decrease in FY 2007/08 Measure A and LTF revenues, respectively. Revised Measure A and LTF budgeted revenues were $135 million and $67 million, respectively. These adjustments to budgeted revenues are included in the attached June 30, 2008 financial statements. State Transit Assistance funds are included in sales tax revenues and are comparable to the budgeted amounts. Federal, state, and local government reimbursements and other revenues are on a reimbursement basis, and the Commission will receive these revenues as the projects are completed and invoiced to the respective agencies. The Transportation Uniform Mitigation Fee (TUMF) revenues remitted to the Commission by Western Riverside Council of Governments (WRCOG) reflect receipts through June 2008. TUMF revenues have declined 65% for the twelve months ended June 30, 2008 compared to the 12 months ended June 30, 2007. The housing crisis has had a significant impact on the Inland 'Empire's local economy. As a result of the decreasing revenue trend, the Commission approved on February 13, 2008, a budget adjustment reflecting a $17.25 million decrease in TUMF revenues to $10 million for FY 2007/08. This budget adjustment is included in the attached June 30, 2008 financial statements. Interest income was slightly higher than budgeted due to higher cash balances. The administrative and program/project categories are in line overall with the expectations of the budget. The local streets and roads budget is based on estimated Measure A sales tax revenues. Since these revenues are slightly higher than budgeted, the related disbursement to the local jurisdictions exceeded the budget. The Commission will continue to accrue for Measure A sales tax disbursements to the local jurisdictions through September with the fourth quarter clean-up allocation received from the State Board of Equalization. Staff is seeking a budget adjustment of $6.729 million in order to disburse the Measure A local streets and roads payments to the local jurisdictions through September 2008. Operating transfers are over budget due to the one time transfers from the Western County Capital Projects fund to the Debt Service fund to establish a debt reserve fund and to retire the outstanding commercial paper as a result of the issuance of the 2008 Sales Tax Revenue Bonds in June. Agenda Item 7A 2 Listed below are the significant capital projects and their status. The budget assumptions are based on project activities starting at the beginning of the fiscal year. Any deviations will have an impact to the budget: Highway Engineering/Construction/Right-of-Way/Land State Route 60 to Interstate 215 East Junction High Occupancy Vehicle (HOV) Connectors - Design activities are on schedule. Federal obligation of funding was received at the end of June 2008, delaying the submittal of consultant invoices. SR-74 Curve Realignment - A decision to proceed with project development is pending. Commission and the city of Hemet are currently working with Ca[trans to establish the scope of the project. No expenditures were incurred as of June 30, 2008, so the project was rebudgeted in FY 2008/09. 1-215 Bi-County Project - San Bernardino Associated Governments (SANBAG) is the lead agency and the Commission is responsible for 25% of the consultant's fee. A hold has been placed on proceeding with preliminary engineering until SANBAG completes its strategic planning efforts for its program. SR-91 Van Buren Interchange - The city of Riverside is the lead agency and has experienced several delays during this fiscal year related to environmental issues, causing a late start with right-of-way ,acquisition. This has moved the start of construction into FY 2008/09. SR-91 HOV Lanes from Adams Street to 7`" Street Caltrans is the lead agency for the final design phase of this project. Budget and definition of right,of-way requirements are being completed as part of the final design. The Commission is providing support with the right-of-way acquisition activities. SR-74 from G Street to 1-215 - Following FederalHighway Administration (FHWA) approval of the modified access report, the Commission issued a notice to proceed to initiate the "at risk" design of the project in March 2008. This resulted in lower expenditures for the FY 2007/08. SR-91 High Occupancy Toll (HOT) and Mixed Flow Lanes - Project startup took longer to ramp up than anticipated. The scope of work was reevaluated in order to get the geometries between this project and the SR-91 /SR=71 connector project in place to commence the environmental studies. Agenda Item 7A SR-91 /SR-71 Connectors - Project was initiated following the completion of the pre -award audit in February 2008. The scope of work was reevaluated in order to get the geometries between this project and the SR-9'1 HOT and mixed flow lanes project in place to commence the environmental studies. 1-215 from Nuevo Road to Box Springs - Project activity has not been initiated The project study report was completed by Caltrans in May 2008. 1-215 from Murrieta Hot Springs Road to Scott 'Road and Scott Road to Nuevo Road - These projects are proceeding on schedule, however, this project is under the budget for the fiscal year. 1-15 HOT lanes from SR-91 to SR-74 - Several issues regarding findings in the pre -award audit had to be resolved, delaying issuance of the notice to proceed until April 2008. Project expenditures are below the budget through June 30, 2008. - SR-91 Green River Interchange - Project billing from Caltrans is lagging. Invoices through the end of May were recently received and the June 30, 2008 invoice is outstanding. SR-91 La Sierra Interchange Work on the interchange did not start until October 2007. The city of Riverside is the lead agency and elected to perform non -:Measure A work first during this 'fiscal year and will start work on the Measure A funded portion of the work in FY 2008/09. SR-60 HOV Valley Way to 1-15 Interchange - Project has been completed and the final invoice to close out the project has not been received. Mid. County Parkway and SR-79 Realignment Projects A slowdown in land development has caused a reduction in the right-of-way protection activities. Rail Engineering/ConstructiontRight-of-Way/Land Perris Valley Line - Federal Transit Administration approval to enter preliminary engineering was received in December 2007. A notice to proceed was issued to STV, Inc. to start the preliminary engineering in December 2007 and while the project is progressing, expenditures against the budget for FY 2007/08 are below the budgeted amount. Perris Multimodal facility - Final design is complete and is now awaiting funding appropriation by the California Transportation Commission in July 2008. Construction is anticipated to start in October 2008. Agenda Item 7A • 4 North Main Corona Parking Structure —Construction started in January 2008. This was later than expected as the Commission was awaiting the appropriation of CMAQ funding. Financial Information In Fiscal Year Budget: No Year: FY 2007/08 Amount: $6,729,000 Source of Funds: Measure A sales tax Budget Ad ustment: Yes GLA No.: 227 71 86104 $ 5,114,140 254 71 86104 $1,480,380 233 71 86104 $134,480 Fiscal Procedures Approved: \11124,4,00/tcw Date: 08/15/08 Attachment: June 2008 Quarterly Financial Statements Agenda Item 7A RIVERSIDE COUNTY TRANSPORTATION COMMISSION QUARTERLY BUDGET VS ACTUAL 4TH QUARTER FOR TWELVE MONTHS ENDED 06/30/2008 DESCRIPTION Revenuesr Sales tax Federal, state and local government reimbursements Transportation Unifomi Mitigation Fee (TUMF) Other revenues Interest. Total revenues Expenditures Administration Salaries and benefits General legal services Professional services Office lease and utilities General administrative expenditures Total administration Programs/projects Salaries and benefits General legal services Professional services Genera) projects Engineering Construction Right of way/Land • Local streets and roads Regional arterial Commuter assistance LTF and STA distributions Motorist assistance Planning and programming services Right of way management Rail operations and maintenance Specialized transit Total programs/projects • Intergovernmental distribution Capital outlay Debt service Principal Interest Cost of issuance Total debt service Total expenditures Excess of revenues over (under); expenditures Other financing sources/uses Operating transfer in Operating transfer out Bond proceeds/bond premium Total' financing sources/uses Net change in fund balances Fund balance July 1, 2007 Fund balance June 30, 2008 tY 2007/08 BUDGET 224,388,600 49,450,700 10,000,000 12,722,000 17,096,700 313,658,000 4th QUARTER ACTUAL $ 224,368,718 11,850,334 14,028,719 12,940,671 23,165,972 REMAINING BALANCE $ (19,882) (37,600,366) 4,028,719 218,671 6,069,272 286,354,414 (27,303,586) 1,887,566 1,734,019 103,001 65,626 1,776,493 1,298,889 390,000 350221 1,256,405 987,124 5,413,465 4,435,879 5,701,835 3,669,505 1,454,900 1,037,082 5,229,619 1,713,507 15,936,500 3,901,879 66,963,505 29,555,644 99,370,000 36,788,814 166,751,100 72,255,829 50,087,500 54,816,016 12,511,600 9,906,096 3,298,300 2,653,733 101,103,676 80,534,636 4,974,000 3,872,676 4,603,400 1,767,689 549,500 134,248 8,591,600 8,340,804 6,203,200 5,281,395 553,330,235 316,229,553 1,351,600 992,460 707,000 305,246 142,017,100 141, 870,000 9,933,800 6,657,505 1,230,000 1,077,514 153,547 37,375 477,604 39,779 269,281 977,587 2,032,330 417,818 3,516,112 12,034,621 37,407,861 62,581,186 94,495,271 (4,728,516) 2,605,504 644,567 20,569,040 1,101,324 2,835,711 415,252 250,796 921,805 237,100,681 359,140 401,754 147,100 3,276,295 152,486 153,180, 900 149, 605, 019 3,575,881 PERCENT UTILIZATION 100% 24°% 140% 102% 135% 91% 92°% 64°% 73% 90% 79°% 82% 64% 71% 33% 24°% 44% 37% 43% 109% 79°% 80% 80% 78% 38% 24% 97% 85% 57% 73% 43% 100% 67°% 88% 98% 713,983,200 471,568,157 (400,325,200) (185,213,743) 77,940,600 164,362,390 77,940,600 164,362,390 217,000,000 160,249,021 217,000,000 160,249,021. (183,325,200) (24,964,722) 466,881,300 550,160,613 242,415,043 215,111,457 86,421,790 (86,421,790) (56,750,979) (56,750,979) 158,360,478 83,279,313 66% -46°% 211% 211 % 740% 74°% 14% 118% $ 283,556,100 $ 525,195,891. $ 241,639,791 185°% " L6958��L9Z9 t 82S'lfe'05S LB1'996'C t 111'Eel - S 229'SOS '42l E19'OBCOS9 SS0'SSE lE 906'1.81,'BZ !OEM (2ZL'bser2) [Wes'6l (1.99'609'9U 90'1S tll'99e 651, (08V09ett) S 60t119'19 t-!AL `It5 92. t 911'LOVLL - L' 29��9'99 S 969'015S Set 910'121'0 S 066'0111 S Ott 'BC9'L2 - tit. 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NOLIV1H0d9NVN1 51l3HOV00 3p83A 15513193M /d951 it/1MM 1.001213151100 NU3183M Wtlp91Nn 314f19 IVOOl OlVd NOLLV111092NV511 V 3tln9V3W 900E/09/90 0391513 91.1115015 3A13M1 NOd 113121Vn0 H1�% ONfld As Slyri.ovAlN31tlt'n0 NOLSSIWW00 NOI1VL80dSNVN1 A1Nn00 301snAIH RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON DATE: August 25, 2008 TO: Budget and Implementation Committee FROM: Anne Hallberg, Accounting Supervisor THROUGH': Theresia Trevino, Chief Financial Officer SUBJECT: Quarterly Investment Report STAFF RECOMMENDATION: This item is for the Committee to: 1) Receive and file the Quarterly Investment Report for the quarter ended June 30, 2008; and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: Attached are the quarterly investment and cash flow reports as required by state law and Commission policy. The county of Riverside's Investment Report for the month ended June 30, 2008, is also attached for review. Attachments: 1) Quarterly Investment Report for the Quarter ended June 30, 2008 2) County of Riverside Investment Report for the Month ended June 30, 2008 Agenda Item 7B Netune et Rrvvefendwnta Bone Prejods pa+149 o.w Reserve sTrust Fun s PoetteBe llMtwib Vortloib terveeenent Type Y Fungal. 5,15,6 3.1e% Statement of Compliance All of the above investments and any investment decisions made for the quarter ended June 30, 2008 were in full compliance with the Commission's investment policy as adopted on April 9, 2008. The Commission has adequate cash flows for six months of operations. Signed by• j' Chief Financial Officer 90-900II01140d PauWWII St ilWww0'nel-INW1340696Ineweldw1 y. WSsn0NeQweld6960%S Z:A in Lel 864 S 181.01 288'set's 616'099'9Z 049'E90'et • 600'0036 gluaweaOywatmenul spun] IsntnW sing/ -4ns pund 400e01190 Wewweno0 ueolowy lsiLI lerul -pund suo0e01140 Lnveal Ue646wy1sLIA ;apund IentnLN 961101 AY, 4L4'94d LS4 loud /moo LIN ZL clines 3dA11N3W1SSANI a3Z18yWWns OL .rea uodnoa *lea NANA Npra8p1 is anleA Jed 3NON ;sepNnieW auoN :sett olnd s00S'08 aunt. genus Lamm) sdL gel suonsesti64 suswLeenw. y/N 00 OEE - E Z66 88TL ST l S 000� 9Z_ 6 S L %ZO'2 90/9UL t 90/11/90 000'9Z601. S %00'9 y/N ISSO.0 S • %S6'E y/N %SS'S WN y/N y!N V/N YIN ZS9 LeS 6" '$ 'lL8'£99'44 wyyy/arg 04B•£B01B1. ym1 Z66.89L'9L LUVYWe f 6E£•008•6 SlL'L40'LL l+Mfyy/L8W-eey SLCL40'LL -puswisenul gue go* 11V 1y101 wolfelL4sG/sgund oeloud 8o08 moms pund uope60e0 luowwen00 usouawy laid SWOWew0y IUBUJI enul pund euone0g90 Wnaeal ueopewy ls/ld anlias3a 183018aNn41020011d'ON091.NOISSIWWOO semi ul Nem apund Lapwing pund uopspodeual 'wool :pund luau➢sarwl pelood euwneswl Nunoo 18na1 NI 013H SONnd LEL 999'ER Mound 6upeadO leip39ns paled loN BBl'Z94•£ ldlyli pund wewlcanul Loua6y leool L+AMW/LaWRey 091'1,0e•0S£ pund Luaugesnul Pel6od suaneawl Nuns +ssS/Sy L8l•L1 ensodsa Bu6S 1e00116N. AK SONnd ONLLtla3d0 3nlyA 1SOO A1laniwa 31ya MVO -3nlyA 21y21 dRS.H011d/SA000W anlyn alyd MVO 03211y3aNn 13NayW asvH0and Ql Ol31A ALIan1yW asvHOand Wei NOdn00 ONI1y8 8002'OE eunp :pepua paned uodEgj o loplod iuew39enul uolselwwoOuogeNodsue/1 kunoo. eplvengi Wy Z➢'Ol 800Z/OZ/9 " 25-Jun Durable Goods Orders (0%actualvs. 0% survey) 244un Consumer Confidence (50.4 actual vs.56.5 survey) Unemployment Situation Rate (5.5% 03-Jul actual vs. 5.5% survey) Payroll change(- 62000 actualvs.-50000 survey) "June Gloom If Those of os who live in the Inland Empire are far too familiar with June Gloom; the overcast weather Is caused by a phenomenon called a coastal eddy, which produces a thick marine layer by swirling up currents of moisture from out overthe ocean eastward and on to our coastline. . It seems at this point , there is no general direction to the swirling currents of our economy except uncer- tainty; home prices continue to drop, unemployment has risen to 5.5% and crude oil continues to rise. To make matters worse on the energy front, there Is speculation about a pre-emptive strike by Israel to take out Iran's nuclear capabilities. Top it off with an above " average hurricane season forecast by NOAA and we now have the ingredients for an economic storm. Mas- sive flooding in the Mid -West has placed additional pressure on grain and food prices, straining our already stretched pocketbooks and further dampening the economy. It is easy to see why Consumer Confidence is at its lowest level in over 25 years. It would seem at this point with inflation on the rise and an economic slowdown in the mix we have our aforementloned recipe for. stagflation, or worse. Just as the gloomy weather mixed with the summer heat creates a sticky atmosphere, this dilemma places the FED in an evert tougher situation as they really have no weapons to fight this war. June Gloom Is thick this year, and shows no signs of clearing anytime soon. Paul McDonnell Treasurer -Tax Collector Ic'IIP.ir L Value r,p,Attii 6=tip tr Crritr :' a. ,a ill t7� ' L (.7d7i. tiVikPy1 v odiist;ci i.c7: ,, (%,) Yleid {``r< ) DUraativis May 5,697,633, 900.78 5, 695, 352, 850.28 2,281,050.50. 0.04% 3.28 1.17 1.10 March 5, 539, 808, 337.78 5,518,060,400.16 21,747, 937.62 0.39% 3.95 1.04 0.97 January 5,426,226,441,66 5,400,694,361.87 25, 532, 079.79 0,47% 4.57 0.88 0.82 *Market values do not include accrued interest 11 The fed funds rate remainedat 2.00 In June after being out 25bps at the FOMC meeting on April 30. The next. Fed meeting is scheduled for the beginning of August. The 2 year T- Note was yielding 2.63% (dawn 3bps). while the 10 year T-Note was yielding 3.99% (down 7bps.) For June, the Pool had a decrease of 8bps. In the average monthly yield, 3MOUS TreasurySIII : 0,01 9MoUS Treasury Bill 2.V 0,16 2 YrUS Treasury Note Z63 5 Yr US Treasury Note 10 Yr US 3,34 (0,07) reasuryNote 3,99 (0,07) FED Fund Rate,. 2 Crude *II' partel) 1.40,00 1 ? 65 Gold (Ounce) 934.01 51,51 OJIA 11350.00 metro) so 500 12a0.00 (120.38) 2 29 .98i: 229.8 Page 1 • Sector br akdown Cash Equivalent 3MMF 530,837,838 0.08 2.38 Negotiable CDs 209,000,000 0.29 2.48 Muoldpe Bond* 104,705,264. 131 t04 LoceAgency ' Obllodlon.. 6,760,000 _ "2.56 3.32 TOTAL 5,335,791,573 1,22 3.15 Aar 11727,`.:r 1 / 1'-1 or bolter k ,.dorel Popl y 68.39.X, Maturity Distribution 35% 30% 25% 20% 15% 10% 5% 0% 30' Gays or 30 - 90 90 Days - 1 1 - 2 Years 2 - 3 Years Less Days Year Over 3 Years 12 Month Gross Yield Trends' 6.6 ash Flowsa 177.3 0.0) 354.2 d,/20095.- - - 576.9 - 1,398.8 (821-.9) 0.0 - 81.9, 1 t t u t t Treasurer's:Institutional Money Market Index (TIMM1) is compiled and reported by the Riverside County Treas- trrer's Capital Markets division. It is a composite index denied from the average of three multibillion dollar AAA rated- Prime (funds that Invest In a diversified portfolio. of U.S. dollar denominated money market instruments including U.S. Treasuries, government agencies, barkers' acceptances, commercial paper, certificates of .deposits.- repurchase agreements, etc) portfolios that the Treasurer tracks. Further details available upon request. s The Pooled Investment Fund cash flow requiremenu ore based.upon a 1? month historical cash flow model, -Based upon - projected' 'cash recetpis and Maturing- `'im•estmentS. there are sufficient funds to meet future --cash flox, disbursements over the nest 11 mdnths, • 690 .092 DO 41992'12) - 09109091199 £9'86 09919./e81 IL 01'0 O1'L (00'002'Ll) 00'008796'b 98'66 00'000'000'S 993 49'0 091 (00'069 090619669 L6'66 090003009 El 6002/LD/t0 SET 9101190PLA1 NNY8 NY0131109103d-00'000'668'6 8002/21/e0 04. 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Xotiod s qs •apop Iuauluianoo nturomeD aq� urtg anuolusal wow st Xotlod mauusanui sAunoD aqZ •Aollod;uatalsanui Jo ;uatua ets MolliszakZ alp WA& aptiv hunioa rnal ut st?m pun3 tuaausanni palood s,lamsuai,i, atli 6Z Sao•ojupoelop!S ATJ• AMM sn•eo•ap!siaA-p-oo s}aNittuttlidpo SOZZ-ZOSZ6 VD `apTsJoAni spNieyAT reltdtD - Jooi3 pt uou of O$ot IaluaD angansmuzpy X.Iunop RIVERS/DE COUNTY TRANSPORTATION COMMISSION DATE: August 25, 2008 TO: Budget and Implementation Committee FROM: Michele Cisneros, Accounting and Human Resources Manager THROUGH: Theresia Trevino, Chief Financial Officer SUBJECT: Single Signature Authority Report STAFF RECOMMENDATION: This item is for the Committee to: 1) Receive and file the Single Signature Authority Report for the fourth quarter ended June 30, 2008; and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: The attached report details all professional services and administrative contracts that have been executed for the fourth quarter ended June 30, 2008, under the Single Signature Authority granted to the Executive Director by the Commission. The unused capacity at June 30, 2008 is $354,487. Attachment: Single Signature Authority Report as of June 30, 2008 Agenda Item 7C 22 Wtl •uNeus15geule Ao 414'lyorrozatunaumudun Jnenev*amoAes souocLCn PL'929'09 vrettlro [Diet' 0e'LLL'91 29'0s £Z 00'LOP '99C9 91'92914 00'CL9Voi, 99'.dEev 967900 vp oveLe'e sress'L2 *numb *Imo; 1043 ul Pstsll %mimeo Msu eluuudu ew.pIM* MuN Lq punslney Aq puedloo sonusl0 sls4alW i oWsp•lagesy gti\ol Uunucif41s1p Pu'eualPHN0 oj, story** ettOtn.u00 00'Ot,4'B9SIMU'et•AS;4„j3igl4otul,01406A6p*g JeLtWweu6V OA'C9C'99 Vi.4 * 111UVI,, PRIVARdg.y`ui99sVt lul s3oet01 ' 0o1.11" osn'Alun *Al 431m 90,411ssiusa'lugunsekr 9002'OC eunf:46nulp ONINIyW3N 1NlIOWV own 1NWOWy 'efq'ouoltnloS Putil *OM vWW.v uopel9 101110 3s19 MOM UMW 4uoN s41 Jul seopuss- 00'000'OL NosMpe 6u131nsuoe wits mu Jai 4umoue* spelaosoy uoanW JesAs)! .pal 00100$2 'essnENIARuoom 411>w seeWes Dew Jai iueweeJ6y roul'nsns•Aalw4oOaW 00'000'0D95 LOOL'L Llnf 3V3y91vnv 1NOOWv 1NROWy lObQ11N00 1Nnowv OIyd 7NOOWy ONINIVW311 101AM1NOO 1VN1ONO 9301Nl39 d0 N011dINO830 800Z'OS aunt' d0 SV AlIaOHlfltl 321f111fNJIS 31JNIS 1Ny11N8NO0 ITEM 7D RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON DATE: August 25, 2008 TO: Budget and Implementation Committee FROM: Michele Cisneros, Accounting and Human Resources Manager THROUGH: Theresia Trevino, Chief Financial Officer SUBJECT: Interfund Loan Activity Report STAFF RECOMMENDATION: This item is for the Committee to: 1 i Receive and file the Interfund Loan Activity Report; and 2} Forward to the Commission for final action. BACKGROUND INFORMATION: At its April 14, 2004 meeting, the Commission approved the Interfund Loan Policy and adopted Resolution No. 04-009, "Resolution of the Riverside County Transportation Commission to Authorize Interfund Loans. Subsequently, the Commission requested that the interfund loan activity be reported on a quarterly basis. The attached report includes all interfund loan activity through June 30, 2008. The total outstanding interfund loans aggregate $1,560,570 as of June 30, 2008_ Attachment: Interfund Loan Activity Report Agenda Item 7D 24 Loan Amount Repayment Amount Data of. Loan of Loan_ .Begins. Outstanding March 4, 2004 275,000 July 1, 2009 275,000 • Riverside County Transportation Commission interfund Loan Activity Report For 4th'quarter ended June 30, 2008 Landing Fund Borrowing Fund 1989 Measure A - WC Commuter 1989 Measure A • WC Highway (222) Assistance (225) June 30, 2007 519,136 July 1, 2009 519,136 1989 Measure .A -WC Highway (222) June 30, 2007 766,434 July 1, 2009 2009 Measure A • WC Highway Improvements (262) Purpose of Loan _ Additional local match for the 8R•71 Widening/Animal Crossing Project Advance 2009 Measure A 1.215 BlCounly project (Maximum loan available of $2 million) (P3012 & P3027) 766,434 1989 Measure A • WC Highway (222) 2009 Measure A • WC Highway Improvements (262) AdvenCe 2009 Measure A working. capital Total $, 1,560,570 $ 1,560,570 25 Dale Commission Approved December 10. 2003 April 9, 2003 June 13, 2007 AGENDA ITEivt...3..F RIVERS/DE COUNTY TRANSPORTATION COMMISSION DATE: August 25, 2008 TO: Budget and Implementation Committee FROM: Michele Cisneros, Accounting and Human Resources Manager THROUGH: Theresia Trevino, Chief Financial Officer SUBJECT: Quarterly Sales Tax Analysis STAFF RECOMMENDATION: This item is for the Committee to: 1) Receive and file the sales tax analysis for Quarter 1, 2008; and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: At the December 12, 2007 meeting, the Commission awarded an agreement to MuniServices,'LLC for quarterly sales tax reporting services plus additional fees contingent on additional sales tax revenue generated from the transactions and use tax (sales tax) audit services. The services performed under this agreement ,pertain to only the Measure A sales taxes. Since the commencement of these services, MuniServices has submitted an audit update, which reported approximately 40 sales tax audit findings that have been generated and submitted to the State Board of Equalization (SBOE) for review and determination of errors in sales tax reporting., The SBOE has approved two of the findings that generated approximately $28,000 in additional Measure A sales tax revenues in FY 2007/08. If the SBOE concurs with the error(s), the Commission would receive the additional revenues; however, the magnitude of the value of the remaining findings was not available. Additionally, MuniServices has provided the Commission with the quarterly report for the first quarter (Q1) of calendar 2008 sales, which Measure A sales taxes were received by the Commission in the quarter ended June 30, 2008. This report includes an analysis of regional performance by economic categories and the three largest economic segments as well as an analysis of the quarter's cash receipts and. the top 25:sales tax contributors. The executive summary section of the Q1 2008 report is included as an attachment to the staff report. Agenda item 7E 26 Excerpts from the Q42007 report were presented to the Commission in June 2008 and included the following highlights: • Areas such as the Inland Empire, Sacramento Valley, and Central Valley that had experienced high growth in the past few years related to housing impacts are now experiencing the lowest, and actually negative, growth. • In almost every region, the most significant declines were in the construction and transportation categories. • The inland Empire experienced the worst decline in sales taxes with Riverside County's`decline higher than that of San Bernardino County: • New auto sales was among the three largest segments for all regions but one; in Riverside County, new auto sales was the largest segment and experienced a 12.5% decrease. • Over the last two-year period, sales tax levels are at or near the high point with the exception of new auto sales and construction and building material sales, which are at the low point during the two-year period. A comparison of the Q1 2008 report to the Q4 2007 report indicates the continued negative effects of the housing market troubles on construction and transportation and decline in revenues from new auto sales and consumer spending; however, a new and continued economic influence on sales tax is the rising fuel costs that result in increased sales taxes. Other highlights include the following: • The Inland Empire and the North Coast areas had the highest negative growth, with Riverside County's decline higher than San Bernardino County. • In Riverside County, the construction and transportation categories experienced the most significant declines compared to the prior year at 23.1 % and 8.8%, respectively. • The decline in auto sales in Riverside County in the Q1 2008 benchmark year was 15.7% compared to 12.5% in the Q4 2007 benchmark year. While department store sales growth remained positive, they decreased to 1.5 % from the Q4 2007 report. Service station sales positively increased from 3.7% in Q4 2007 to 4.2% in Q1 2008. The reports also include a sales tax forecast based on pessimistic, most likely, and optimistic considerations. The Q1 2008 report forecast for FY 2008/09 ranges from $144, million to $147 million, with $145 million as most likely. Since -staff reported a significant decline in sales tax receipts through December 2007 that resulted in a revised Measure A revenue estimate of $135 million for FY 2007/08, sales tax receipts have remained somewhat stable with a year-to-date decline of 7.01 % through June compared to the prior year period. Based on the trend over the past six months, staff has estimated sales tax Agenda Item 7E 27 revenues for FY 2007/08 at $145 million, which was used in the bonds analysis presented to the rating agencies and is comparable to the most likely forecast provided by MuniServices. The actual sales tax revenues earned as of June 2008 were $143 million. This amount does not include the fourth quarter clean-up payment that will be received by the Commission in September 2008. Financial Information In Fiscal Year Budget: N/A Year: FY 2007/08 Amount` N/A Source of Funds: Measure A sales tax revenues Budget Ad ustment: N/A GLA No.: N/A Fiscal Procedures Approved: 1arsitioz„, Date: 08/14/2008 Attachment: Quarter 1, 2008 STARS Report Agenda Item 7E 28 District of Riverside Co RCTC 4'" QUARTER2007 FINAL RESULTS • $37,319,822 Local net cash collections • $-338,900 Less pool amounts • $2,398,692 Less prior quarter payments • $2,552,183 Add late payments • $37,812,213 Local net economic collections after adjustments • DOWN BY 5.9% compared to 4t Quarter 2006. MUNISERVICES' AUDIT RESULTS MuniServices, LLC performs an ion -going audit for the District of Riverside Co RCTC. This quarter, Riverside Co RCTC received $0 in sales tax from. MuniServices' audit efforts, bringing the total sales tax revenue produced by MuniServices to SO. information prepared byMuniServices, LLC 6 34 " " RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: August 25, 2008 TO: Budget and Implementation Committee FROM: Michele Cisneros, Accounting and Human Resources Manager THROUGH: Theresia Trevino, Chief Financial Officer SUBJECT: New Financial Management Software STAFF RECOMMENDATION: This item is for the Committee to: 1) Receive and file information on Tyler Technologies' EDEN Financial Management solution; 2) Authorize staff to commence contract negotiations with Tyler Technologies to implement a new financial management software package; 3) Approve an estimated budget adjustment to increase FY 2008/09 expenditures for $550,000; and 4) Forward to the Commission for final action. BACKGROUND INFORMATION: The Commission purchased and implemented the Fundware financial software package, designed for government and not -for -profit organizations in October 1995. At the time, Fundware was sufficient for the Commission's needs. Fundware's ownership has changed twice since the Commission's implementation of the software. The current owner, Kintera, has decided not to continue any new development or enhancements of the software at this time. Staff is concerned that support of the software will eventually terminate. Additionally, the ultimate weakness of Fundware is that it is not comprehensive and project financial information must be gathered from various software applications and paper files. Staff has been working with Leonard Stout, Information Systems and Technology Manager for Bechtel Infrastructure, over the last year. Mr. Stout has reviewed and assessed the Commission's current financial, project, and information systems and has provided his thoughts and concerns with the current environment. Ultimately, Mr. Stout's recommendation to staff was to assess alternative systems to Fundware and implement a replacement system. In addition, the replacement system should be capable of handling more information for better and more efficient financial and project management, human resources, and other information management. Agenda Item 8 35 Commission staff was fortunate enough to be invited to sit on the San Bernardino Associated Governments (SANBAG) evaluation committee regarding a request for proposals (RFP) for a new financial software system. The SANBAG RFP process included 11 vendor inquiries to the proposal, but only four vendors submitted proposals in response to the RFP. The proposals submitted were from: 1) ComputerWorks NFP Solutions (AccuFund Accounting Suite) 2) Innoprise Software, Inc. (Innoprise Suite); 3) Protean Technologies (Microsoft Dynamics Navigator); and 4) Tyler Technologies (EDEN Financial Management). The proposals were evaluated by an evaluation committee consisting of SANBAG staff, a staff member from the county of San Bernardino's Information Services Department's Application Development Division, SANBAG consultant (Civic Resource Group), and Commission staff. The evaluation criteria included: firm. qualification and product quality, staffing and project organization, work plan, cost and price, and references. Cost was not the deciding factor in determining the final successful proposal. Cost proposals ranged from $150,000 to $552,000. After the initial review, the evaluation committee short-listed the proposals to ComputerWorks NFP Solutions (AccuFund Accounting Suite) and Tyler Technologies (EDEN Financial Management). Product demonstrations were held in early June 2008 and the evaluation committee recommended the EDEN Financial Management solution. The EDEN Financial Management solution was determined superior when compared to the other proposers: • Firm qualification and product quality — Tyler Technologies is a leading provider of end -to -end information management solutions and services to local governments. its local government client base consists of 6,000 nationwide, of which 70 are located in California. The product is of high quality and met all the required needs as outlined in the RFP and required the least amount of customization. • Staffing and project organization — Tyler Technologies is well staffed to meet the unique demands of the SANBAG implementation. • Work plan — Tyler Technologies was very thorough and took into account many of SANBAG's issues that may arise. • Cost and price - EDEN Financial Management System product had the second highest cost of the four proposers, however, the product is complete and can accommodate the growing and changing needs of SANBAG. • References - All were from public agencies and they were all very positive about the product, services, and support. SANBAG staff conducted on -site visits with the cities of Loma Linda and West Covina and participated in conference calls with staff from the cities of Petaluma and West Hollywood. In addition, SANBAG's consultant discussed in detail with several other cities in San Bernardino County as to their experiences with EDEN Financial Management System and all discussions were positive. Agenda Item 8 36 • On August 13, 2008, SANBAG's Administrative Committee approved the agreement with Tyler Technologies for $462,135 for software implementation, customizations and one-year maintenance; $257,400 for project management services provided by the county of San Bernardino for a 20-month period; and $60,000 for temporary help to assist with the day-to-day finance and accounting responsibilities during the transition and implementation to allow staff time to develop and implement the new product. SANBAG Board approval is anticipated in September 2008. Given the robust nature of the EDEN Financial Management solution, the Commission's management team asked for a product demonstration, which was conducted on August 6, 2008, by Tyler Technologies. The seven -hour demonstration for Commission staff proved that Tyler Technologies' focus is on the public sector, committed to long-term excellence, and meets the needs of the Commission, especially as it prepares for the commencement of the 2009 Measure A. The EDEN Financial Management solution incorporates all the various systems the Commission currently utilize with different software applications into one enterprise -wide system. Additionally, the EDEN Financial Management solution supports the Microsoft SQL server that will allow other Commission databases to share and read data between systems. With the sunset of the 1989 Measure A program on June 30, 2009 and the commencement of the 2009 Measure A program beginning on July 1, 2009, the Commission's responsibility to increasing needs and expectations from staff, vendors and consultants, and citizens requires improved access to information that will alleviate the strain of piecing together information from many sources. The expected efficiency gains from the EDEN Financial Management solution include an automated paperless workflow system, advanced project accounting, multi -year budgeting, multi -year contract management, grant tracking, payroll, and human resources and benefits management. Additionally, new technology enables detailed tracking, monitoring, and reporting of expenditures and revenues. The detailed background information to support each entry into the EDEN Financial Management solution is readily available as a scanned image and retrievable by all users. Staff is seeking approval to append on SANBAG's RFP process, given that the due diligence for procurement has been conducted appropriately and Commission staff was a significant participant of the evaluation committee. No federal funds will be used to fund the cost of the software. With the Commission's approval, staff would like to begin contract negotiations with Tyler Technologies and return back to the Commission for final contract approval. Staff is also requesting an estimated budget adjustment of $530,000 for the standard implementation as provided in the attached Customer Price Quote and an additional $20,000 for Agenda Item 8 37 procurement of a Microsoft SQL server for support of the new financial management software. Additional costs may be necessary to hire consultant support to help staff manage the implementation of the new financial software. If consultant supportis needed, staff will include this with the final contract approval and a budget adjustment. It is staff's intent to have the new financial system software implemented by July 1, 2009. Financial Information In Fiscal Year Budget: No Year`. FY 2008/09 Amount: $550,000 Source of Funds: Measure A, LTF, Motorist Assistance Budget Ad ustment: Yes GLA No.: S 19 90101 P1001 01 Fiscal Procedures Approved: .44, 4It Date: 08/15/08 Attachments: 1) Tyler Technologies - EDEN Financial Management Brochure 2) Tyler Technologies Estimated Customer Price. Quotation - Standard Implementation Agenda Item 8 38 s WHAT DISTINGUISHES TYLER'S EDEN FINANCIAL MANAGEMENT SOLUTION? Ar Tyler, being the best rakes many forms. Our EDEN Financial .Management solution offers besr-in-class product solutions to manage data, systems and people in real time. EDEN was designed to meet the acccunting sofrware needs of m d- tc large - size local government agencies. And since 1981, that's exactly what it's done. The foundation of EDEN's success is built cn powerful products, reiiab!e results and superior sertices. The result. .our products feature impressive functionality and bailt- in flexibility rhat respond to the s ecific needs cf ciients. Tyler is proud to be part of the elite Mirrosoft° Gold Certified Partner Program. In order to receive this award, our EDEN software had to pass the hi;itest level cif requirements frcm ibficrosofc.and demonstrate the mcst robust, efficient a d scalable implementations of itiMicrosufr rechnolegies. As a Microsoft Certified Partner, we encompass a broad range of expertise and vendor affiliations. Our real-werid perspective can help cur clients prioritize and effectively deliver their technclogy solutions. POWERFUL PRODUCTS. RELIABLE RESULTS:SUPERIOR SERVICES. THAT'S EDEN. POWERFUL PRODUCTS EDEN software places information ar the users fingertips. .quickly and efficiently. That's because it was developed with three main goals in mind: functionality, flexibility and reliability. All delivered with a focus on excellence in client services. It's no wonder our products and services have earned a 91% overall product satisfaction rating. And, as a Microsoft® Certified Partner, we have the technology to provide a consistent Windows` -based user interface. Using leading technology, Tyler creates transaction efficiency and effortless access to information and reports throughout the system --all in a user-friendly format. RELIABLE RESULTS Results are what count. With an average annual growth of 15%, EDEN software clearly delivers. EDEN software provides the reliability clients need for decision making, financial management and responding to citizen requests. Add to char Tyler's experience implementing efficient, cost-effective solutions to local governments, and the result is a proven, end -to -end financial management solution. Our deep understanding of the financial management needs of local governments means we have the necessary knowledge to anticipate our clients' needs. Our best practices, based on years of experience working exclusively with public sector clients, ensure quality training and •support, and make implementation and conversion easier. SUPERIOR SERVICES Tyler extends the same care it takes creating quality software to helping the people who use it —our clients. We have the experience necessary to understand and respond to their needs. And we put it to use, offering EDEN product assistance in a number of ways. Clients can contact our knowledgeable support team weekdays via a toll -free number, visit the support Web site to access the extensive knowledgebble or join a client forum_ It's also possible to make suggestions through our feedback surveys or to send us an e-mail. Our client service is a priority that works...for clients. 41 `f.like the userfriendly concept throughout the EDEN programs, which makes my job easier and allows me to quickly access prior entries —Irma Marano, 01 of Cerritos, GI "Tire completeness of the various management modules proposal combined with high user acceptance and a solid structure, took EDEN to the tap of our evaluation list' —Bob Woods, CityofAlbanX OR 42 INTEGRATED PRODUCTS AND RELIABLE SERVICES EDEN software applications combine flexibility and simplicity on the front end with sophisticated design behind the scenes. Each product is powered by advanced technology, exceptional integration and dynamic features_ Success is designed into every phase of product development, client implementation, services and support. Tyler delivers successful solutions for local governments. It's that simple. COMMON FEATURES All EDEN products offer comprehensive, universal features that provide quick access and easy usability. These include: • Full graphical user interface with familiar Microsoft° Windows* look and feel • Interface with e-mail mamgement software, including Microsoft° Outlook• • Query by Example (QBE) for powerful data search capabilities • Look -up "zooms" and dialog boxes for easy data entry, • Easy attachment of images or other files to any document •`GASB 34 and GAAP compliance • Configurable menu structure for a simplified interface • Drill -down capabilities to access detailed information or to cross-reference data • Comprehensive security and audit functions • User -defined Gelds to track customized data • Multiple levels of online help • Standard or customized reports using Crystal Reports" by Business Objects " FINANCIALS EDEN Financial applications support fund and encumbrance accounting, providing agencies with control of their financial processes. Integration within these scalable modules reduces data entry, ensures accuracy, and simplifies reporting and information retrieval. " General Ledger " Budgeting " Purchasing " Fixed Assets " Project Accounting " Accounts Payabk " Accounts Receivable " GASB 34 Reporter " Cashiering " Bid & Quote " Inventory " Contract Management " Web Extensions INTEGRATED SOLUTIONS EDEN Integrated Solutions serve as link between EDEN data and other office -related tasks. " EDEN and GBA Interface " EDEN Voice Extensions 43 DOCUMENT MANAGEMENT EDEN Document Management solutions give an agency the power to streamline the way it manages documents. " Tyler Content Manager LE " Tyler Output Processor (TOP) " CASS PERSONNEL EDEN Human Resource applications manage budgeting, pay- roll and personnel infotmation, including the hiring, employ- ment and training of employees. " Payroll " Applicant Tracking " Human Resources " Employee Training " Position Budgeting " Web Extensions CITIZEN SERVICYS EDEN Citizen Services applications facilitate the management of constituent -related transactions, increasing an agency's overall responsiveness and the efficiency of its staff. " Utility Billing " Licensing _ " Customer Request " Permits 8r Inspections " Parcel Manager " Special Assessment " Web Extensions CLIEN- SERVICES...HELPING CLIEiTS ACHIEVE SUCCESS ONLINE SUPPORT We've listened to client feedback and applied it to significantly enhance our support Web site with a variety of new features: - �! Usei Fonuns to give EDEN users a central location to exchange informatiorrand discuss issues • Crystal Reports Repository to provide a place to share reports with other EDEN users • EDEN Kmwledgebase to serve as a product information library for EDEN users • Video Tutorials to give clients the opportunity to watch online EDEN help videos • Incident Tracking and Searching to allow EDEN users to view open calls and all calls associated with unresolved Tracker items ON -SITE TRAINING The key to getting the most our of EDEN software is training. Tyler has experiencedand professional implementation consultants who understand public sector agencies. Training programs are tailored to a client's needs and rake place at the client's office, using their computers and their data. Our implementation consultants and project coordinators work together to resolve issues ro the client's satisfaction. CUStOM PROGRAMMING EDEN software functionality is so feature rich that many of our clients find customization isn't necessary. However, if a client would like to further enhance their EDEN experience, our team of programmers can help. They are trained to work with clients to develop custom forms, as well as to create specialized reports or intetfaces to other applications. PROJECT MANAGEMENT Through a combination of Tyler's proven implementation med i- odology and years of experience working with public sector clients, our staff ensures that the transition to EDEN software is a success. We understand that migrating to a new software system requires organization and it takes time. That's why we assign's dedicated Tyler employee ro guide clients through the process. For larger, more complicated implementations, a client may opt to have a project manager available to work onsite with their own project manages For more standard implementations, a project coordinator will be assigned to guide the ptject remotely. Either way, clients receive assistance from a Tyler professional who is skilled at keeping the implementation on track and within budget. DISASTER RECOVERY SERVICES The thought of losing data and equipment need no longer signal panic. EDEN Disaster Recovery Services (DRS) can have a diem back up and running their critical processes within hours. Tyler provides the servers, the operations staff and a client's dam stoned from the previous night. DRS gives EDEN clients peace of mind with the protection needed to bounce back from any disaster. OPERATING SYSTEMS DATABASE ADMINISTRATION OSDBA (Operating Systems Database Administration) provides additional support for our clients' database engines. Ty/et offers this separate, billable service to EDEN dients using Microsoft. SQL Server_ OSDBA offers support to maintain database engines and provides assistance for common database administration tasks. There are a variety of options available with OSDBA contracts. 44 "1 have florid EDENcustoran service representatives to be very capable, responsive, and personable. EDENcurtomer service is one of the strongest attributes efthe company" — Kay Deinet Oak Lodge Sanitary District, OR - Tyler realizes the importance of maintaining long-term relationships with our clients and continuing to meet their needs long after EDEN software is implemented. We also understand the challenges clients face in 'receiving funding approval for additional training, User Conference registrations, and other billable items. Support Plus offers the convenience of technical support with the benefits of pre -paid training. Agencies joining the Support Plus program will receive one paidregistration for the EDEN User Conference and one of the following service options: • 4 ern -site service days (includes all opens for7lie trip) • 6 tuff -site service days (program»ring, repost creation, Web train gy etc) TURNKEY IMPLEMENTATION Tyler recognizes the importance of customizing our implementation approach to meet the unique needs of each client. We also understand that in the public sector fiscal needs are often a concern: That's why we offer the option of a guaranteed, fixed -fee pricing armn8ement to ensure that the cost of implementation is determined up front_. And, for clients with very large end user staff, Tyler can provide additional assistance for comprehensive end -user training on standard or client -specific methodologies_ We can even provide start -to -finish data conversion services ro augmenr the technical staff, taking total responsibility for data extraction, conversion and migration.. Clients can select from these and other services to satisfy their needs, resulting in a comprehensive turnkey solution:. INDUSTRY STANDARDS ier is cpasmitted exclusively to serving local governments_ That's why we have a deep Understanding of industry srandards and how they're ;imponant to our clients. So we've made our clients'priorities our.. priorities: The EDEN system adheres ro Government Accounting, Auditing, and Financial` . Reporting (GAAFR) and, Generally .Accepted Accounting Principles (GAAP) standards. EDEsl also has hill capability to produce GASB 34 Reports, as well as many other reports required by government agencies All this because we're committed to the success of our clients_ FINANCIAL MANAGEMENT IT'S WHAT WE DO Tzd.:::;.c !zs ;,NY.SE. TYL), ne have a single eoaEe public sector organ rmons ro ce more er`c;enr, Here accessib'e, and more responsive ro roe needs sviaar n-c do. And rhar; sI: ne do —in s.�nio mini mere tl:an 6,C00 cuuomers, mcMd:nn, ;oval govern..- ;t and schccl o-ice, d:roa,rMom ,all 50 cares, Ca ad Pee. m Rico, Is%¢cr,, and Umred Ki,, Tyler T`chno,..oy s iS 3 leading p:ovider 0: :n:orrnation managcmcm soMtions and services d:e _ la:;lic '" largest company in Lhe crmm:- solely softwafe and IT to the _nar'<e.. EDc\ Sites `:r.zr:ecr.,cc: tyler G pjet_eG TykrTecMWogka; 11000Wwedeb Ave SNP. Renton, WAstm6T mom sasmtor edepseentglylertechsom Customer PriceQuotation-Standard Implementation " Customer Name: Riverside County Transportation Commission Concurrent Usets: 30 - Date: Ju 24 2008 1=1:Zu Advanced Bud ®®Emmin MEM imsmi Mom immiEmamml - s 6.300:00.®MMEMON M S • 300.00 1131E.11111 1111111 $ 7,800.00 ®® $ 32.100.00 Pro": tAccounti • Bid .&Quote Mona• nt Contract Mana • ement We v T ter • i. ut Processor ter content Ma •`r LE $:.. 7,000.00 $ 13,800.00 $ 6 900.00 $ 21,100.00 $. 12.900.00. $ '.12 900.00:: -$ 10,600.00 $ 10.500.00 $ 14 300.00 $ 7-500.00 S 6,300.00 $ 6,300,00 S. 7,600.00 .$ 6.800.00 $ 3,800.03 $ 1640600 -$ SA00,00' $ 4900.00. $ 5.00000 $ 8,400.00 :$ 15.000.00. 32,100.00 $ 7 000.00 $ 13 80060 $ 6,900.00 $ 21,100:OD 12.900.00 12 900.00 $ 10.600.00 $ 10600.00 $ 7.500.00 $ 3,600:00 $ 25 .00 S 2,48080 S 6,080.00 $ 2,400.00 $ 20.400:00 $ 12.00000 $ 12900.00 - $ 4.800.00 4,800.0D- 3 4,800,00 $ 4.900.00. 650:00. $ - 1.700.00 850.00 $ 2,700.00 S- 2,20090: 200.00 1.350.00 $ 1.350.00' $ 1,750.00 MEIN 10.400.00 5,400.-66 4,4600 $ 5,030,00 S 6,400.00. 15.000.00 :$ 6,000.00 $ 7,200.00 $ 21,600.00 $ , 100.00: S 1,3E5 00 $ 4,650.00.. EINEMEMIENIsimi } Eimmommimis $ - 3,600.00 $ 62.700.00 10,250.00. $ 2170090 $ 10,250.00 S 44,500.00 .$ 27.300.00 $ 27 30090. 16.850.00. 16950.00 850.00 $ 15730690 $ 6.880.00 s 6,800.00 S 8 100.00 12,550.00 35,650,00 5,900.00 - Orfiib Data Ma y.In • 11.1111111M11111....... �� e.r - $ 9 000.00 0 - Mtemtediate Class:PMS _. NIGP Commodity SubTotal Grand Total Eden Standard Su,r• rt- All Products • Pa Direct Su l,•ort $ -2.400.00 $ 2,40090 $ 8.000.00 $ 9,600:00 $ 7,864.00' 7,884.00 s 6.000.00 $ 1608.00 $ 2,200.00 S 4,400.00 $ 5,000.00 17 400.00 -. a 8,000.00 $ 7,600.00 $ 9 400.00 S 9,600.00 100041 iiMMEMENNEEMEEMUMMI $ 4.800.00 $ 4.800.00 $ - 4,600:90 s 1,350.00 1.35000;. $ 1•350.00 $ 6,/50.00 69513.00 $ - 6,150.00 $ 50,762.00 IIEEMMEZI 7 't3 'r77:'=%�"�!'F i1.'%-ci • .• $ 10. 00.00 '`' AMEN '.59,.:: 1iTM.3u1-n7.�,. i® $ 247,358.00 $ :247:358.00- S 700000 -5 173.600.00 35,600;00. $ 25600.00 $ 459,85860 $ 459,856.00.. • prices except for those masked as Estimated are good for 120 days from the above dab_ -Estimated wales are subject b immediate change wi0ttsd notice. Tyler offers software support on items under the Edell categories. Software support begins upon onset ottaini g of the software module. Support and maintenance on all • t er items is offered direly by the supplier or manufacturer. Ali client computers naW meet the minimum client haickrate and software requirements defined by Tyler. Sales taxes estimated above will be snowed to Washington cusbntets per the purchasing agreement . Estimated costs of Travel and Expenses includes estlmated durges for travel to and from the customer site. - 47 tyler TECHNOLOGIES Tyler Technologies; 11000akesilneAve Sig Sentiment Mas) {Lan 3740310i. enenAmiestlityledechmira- "•.:Estimated Training Install - Conversion Days "• Customer Name: ttW6rside County Transportation Commission Concurrent Users: 30 Date: - J 2006 Product Description a:i•SA),Z7t�,h . ice /•`r'rif is:', •-• .CI% Data Cony DaY§ Oilier Consulting On Site Trips • ed:B.: !ti InveMo F Arco IMMEE11111111MMENIIM®®� ®MIIIII111®1111111111111111_ = 0 —�®' ®1 ININIIIIIIMMININISEI �� AI®—�=i cisl -11111111111•13311111111111111111M11111111111113-111111M111111�'. ��®�® ��®=® or- sd �� GAS �.+�,�—�i® (4'"-'a1."" .4:.dmri 14'�L�.-feCY `-:.:. r F 1 c-+' _ j s.+ rzr1 . wtq �` tl ®�T7� , pp s� `et fi'�r i�`�t"�a'�...r.ti..;._i:�^ � __ .�i , �� ^•r �l��"�sA miliiijimiii imilimicummammosus immmi—milmmaimimmamemossamI .Ei= ®_mimmu—mu�I —�� ®�®�.© ,e uYnL'e .7 raa"Y,T+3':r'�- �Y - � t �,�. .... x--�-,: c ®�®i Gn-MmDNa Mame ®�®1111112•1111111..1 �' _ -„,.i. a*31 30.0 106.0 44.0 160:0 gh quotes for services are provided hereasom best esb7nate timbal it take b properly train your personnel in a'train the trainer' selling, such quotations are • a guarantee that quoted services vrrti+retch the skill and requirements of your staff and that additional services night not be needed. for ail services quoted Mere.... yiervra deliver the number of days for the dolma quoed. Al additional services beTcnd those shown in this quotation must first be authorized by the customer and will :-provided by Eden: Systems at as then. going hourly rate.. 48 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: August 25, 2008 TO: Budget and implementation Committee FROM: Shirley Medina, Programming and Planning Manager THROUGH: Cathy Bechtel, Project Development Director SUBJECT Coachella Valley Association of Governments Request for a Measure A Transportation improvement Program Amendment for Use of Measure A State Highway and Major Regional Road Project Funds in the Coachella Valley STAFF RECOMMENDATION This item is for the Committee to: 1) Adopt Resolution No, 08-023, uA Resolution of the Riverside County Transportation Commission initiating an Amendment to the Riverside County Transportation Commission Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance (Ordinance No. 88-1) and Making Findings of Necessity for Such Amendment" therefore initiating an amendment to the Measure A Transportation Improvement Program (TIP); and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: At its June 11, 2008 meeting, the Commission approved a request from the Coachella Valley Association of Governments (CVAG) to amend the Measure A Transportation Expenditure Plan/TIP to add the following highway and roadway segments to the TIP, so that such segments will be .eligible for the Measure A Coachella Valley highway funds: a) In Palm Springs, from The intersection of Ramon Road and Gene Autry Trail, north on Gene AutTrail to Vista Chino Drive, thence west on Vista Chino, Drive to North alm Canyon Drive, thence northerly on the existing Highway 111 ignment to Interstate 10; b) In Indio, rom the crossing of Golf Center Parkway over Indio Boulevard, northerlyonGolf Center Parkway to Interstate 10; and c) to Indio, from the intersection of Highway 111 and Indio Boulevard, southeasterly on Indio Boulevard and Grapefruit Boulevard, the existing and former Highway 111 alignment, through the city of Coachella and Riverside County to the intersection of State Route 195 (Avenue 66)_ Agenda Item 9 49 According to legal counsel, the process to amend the TIP for inclusion of the new segments '(as outlined in Section 240302 of the Public Utilities Code) involves initiation of an amendment to the TIP by the Commission, reciting the findings of. necessity for the amendment. In this case, an amendment to the TIP is necessary because the TIP is no longer current as it applies to Highway 111 due to changes in the alignment of this highway. In order for funds to be effectively expended in carrying out the voter intent for state highway and major regional road project improvements in the Coachella Valley, the adoption of an amendment to the TIP is necessary. The attached resolution includes the required findings for initiation of an amendment to the TIP: Pursuant to the California Environmental- Quality Act CCEQA)staff, with advice of legal' counsel, has determined that the proposed TIP amendment is not a project subject to environmental review because the amendment merely creates a government funding mechanism and does not commit the Commission to any specific project. Therefore, a Notice of Exemption has been :prepared for adoption in conjunction with the adoption of the resolution. Projects on Highway 111 will comply with CEQA individually. Additionally, for the amendment to the TIP to become effective, it will have to be approved . by a majority of the cities constituting a majority of the incorporated population in Riverside County and by the Riverside County Board of Supervisors. A .model resolution approving the amendment to the TIP and a model Notice of Exemption have been prepared for use by the local jurisdictions, which will need to be adopted at their respective council meetings.. Legal counsel has also prepared the following templates: Model City/County Cover Letter (Attachments 3 and 4); Model City/County Resolution (Attachments 5 and . 6); and Model City/County Notice of Exemption (Attachments 7 and 8). Staff will present the TIP amendment information at each respective council and board meeting. Attachments: 1) Resolution No. 08-023 2) Commission Notice of Exemption 3) Model Cover Letter to Cities 4) Model Cover Letter to the County 5) Model City Resolution Approving an Amendment to the Measure A TIP 6) Model County Resolution Approving an Amendment to the Measure A TIP 7) Model City Notice of Exemption. 8) Model County Notice of Exemption 9) Highway 111 Alignment Recommendation Agenda Item 9 50 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION INITIATING AN AMENDMENT TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION TRANSPORTATION EXPENDITURE PLAN AND RETAIL TRANSACTION AND USE TAX ORDINANCE (ORDINANCE NO. 88-1) AND MAKING FINDINGS OF NECESSITY FOR SUCH AMENDMENT WHEREAS, the Riverside County Transportation Commission Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance, Ordinance No. 88-1 ("Measure A") was approved by 78.9 percent of the voters in Riverside County in November of 1988. WHEREAS, the purpose of Measure A is to help relieve traffic congestion, increase safety, improve air quality, provide funds to match developers' fees and State and local moneys for transportation and plan adequately for traffic by providing essential countywide transportation improvements. WHEREAS, the Transportation Expenditure Plan, also refeued to as the Transportation Improvement Plan ("TIP"), was attached as Exhibit B to Measure A and was incorporated therein by reference. WHEREAS, the TIP identifies State Highway 111 from Ramon Road to Indio Boulevard as one of the projects in the Coachella Valley for which Measure A State highway and major regional road project funds are to be appropriated and expended ("Measure A Highway Funds"). A map depicting the then -current Highway Ill designation between Ramon Road to Indio Boulevard (the "Original Alignment") was part of the TIP. WHEREAS, since the passage of Measure A, the designation of Highway 111 has. been changed as portions of the Original Alignment have been relinquished by the State and are now maintained by local jurisdictions. Additionally, Highway 111 was realigned in the city of Palm Springs and now is located on Vista Chino Drive between Indian Canyon Drive and Gene Autry Trail, as well as the segment of Gene Autry Trail from Vista Chino Drive to South Palm Canyon Drive. WHEREAS, changes to the alignment of Highway 111 have raised questions regarding the eligibility of segments relinquished by the State to local agencies for Measure A Highway Funds. Furthermore, additional segments of Highway I I 1 not included in the Original Alignment have been requested to be eligible for receipt of Measure A Highway Funds. WHEREAS, pursuant to California Public Utilities Code Section 240302(d), the TIP may only be amended by the following process: (1) Initiation of amendment by the commission, reciting findings of necessity. (2) Approval by the board of supervisors. 1 51 (3) Approval by a majority of the cities constituting a majority of the incorporated population. WHEREAS, the changes to the designation of Highway 111 have created the necessity for the adoption of this amendment to the TIP, as the TIP is no Ionger current as applies to Highway 111. Furthermore, in order for Measure A Highway Funds to be effectively expended to carry out the voter intent for highway and roadway improvements an amendment to the TIP is necessary. WHEREAS, Public Utilities Code section 240302, under which Measure A and the TIP were adopted, states that generated tax revenues may be expended "for the planning, environmental reviews, engineering and design costs, and related right-of-way acquisition." WHEREAS, the TIP states that the "scope of highway and commuter rail projects to be implemented is to be determined through required environmental analysis and full consideration of alternatives" including "public participation during the environmental analysis process." WHEREAS, the amendment to the TIP does not approve construction of any transportation improvements but amends the TIP to reflect current conditions in the Coachella Valley. WHEREAS, under California Code of Regulations, title 14, section 15378(b)(4), the amendment of the TIP is not a "project" subject to environmental review under the California Environmental Quality Act ("CEQA") because the amendment merely creates a goverment funding mechanism and does not commit RCTC to a specific project. WHEREAS, under California Code of Regulations, title 14, section 15004, the amendment of the TIP is not subject to CEQA because RCTC lacks enough information about the transportation improvements to conduct meaningful environmental review at this time. WHEREAS, pursuant to the TIP, all appropriate environmental review will be completed prior to any future approval of a specific transportation improvement. NOW, THEREFORE, BE IT RESOLVED BY 113E COMMISSIONERS OF THE RIVERSIDE COUNTY 1RrANSPORTATION COMMISSION AS FOLLOWS: A. Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference as though fully set forth herein. B. Inclusion of Segments to Coachella Valley Portion of TIP. The Commission hereby initiates an amendment to that portion of the TIP entitled "Coachella Valley': Section 1, entitled "State Highways and Major Regional Road Project", of the aforementioned portion of the TIP, located on page 183-07 of Measure A, shall be amended to include the segments of highway, and/or roadway described below and as shown on the map attached hereto as Exhibit "A" and incorporated herein by reference. The total amount of finding allocated to the Coachella Valley shall not be changed. -2- 52 1. In Palm Springs, from the intersection of Ramon Road and Gene Autry Trail, north on Gene Autry Trail to Vista Chino Drive, thence west on Vista Chino Drive to North Palm Canyon Drive, thence northerly on the existing Highway 111 alignment to Interstate 10; 2. In Indio, from the crossing of Golf Center Parkway over Indio Boulevard, northerly on Golf Center Parkway to Interstate 10; and 3. In Indio, from the intersection of Highway 111 and Indio Boulevard, southeasterly on Indio Boulevard and Grapefruit Boulevard, the existing and former Highway 111 alignment, through the city of Coachella and Riverside County to the intersection of State Route 195 (Avenue 66). C. Revision to Map Included as Part of TIP. The map attached as part of the TIP shall be amended to include those segments of highway and/or roadway as shown in the map attached to this Resolution as Exhibit "A". D. Findings of Necessity. The Commissioners of the Riverside County Transportation Commission ("Commissioners") hereby find that changes to the designation of Highway 111 have created the necessity for the adoption of an amendment to the TIP, as the TIP is no longer current as applies to Highway 111. Furthermore, in order for fimds to be effectively expended to carry out the voter intent for highway and roadway improvement the adoption of the TIP amendment is necessary. E. Effective Date. This Resolution shall be effective on the date of its adoption. Notwithstanding the foregoing, the amendment to the TIP set forth herein shall not be effective unless and until approved by the Board of Supervisors of Riverside County, and a majority of the Cities within Riverside County. F. Notice of Exemption. The Commissioners hereby finds that the amendment of the TIP is not subject to CEQA and authorizes and directs RCTC staff to file a Notice of Exemption with the County Clerk of Riverside County and the State Clearinghouse within five,(5) days following adoption of this Resolution. This Resolution is PASSED, APPROVED AND ADOPTED this _th day of , 2008. Jeff Stone, Chairman of the Riverside County Transportation Commission -3- 53 ATTEST: Clerk of the Board APPROVED AS TO FORM: BEST BEST & KRIEGER LLP General Counsel -4- 54 Exhibit A Map depicting new segments of highway and/or roadway to be included in the TIP RVPUB1750633.3 [attached behind this page) Exhibit A 55 ATTACHMENT 2 Notice of Exemption (California Environmental Quality Act) To: Office of Planning and Research 1400 Tenth Street, Room 222 P.O. Box 3044 Sacramento, CA 95812-3044 Attn: State Clearinghouse Riverside County Clerk's Office P.O. Box 751 2720 Gateway Drive Riverside, CA 92502-0751 From: Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor P.O. Box 12008 Riverside, CA 92502-2208 Phone: (951) 787-7141 Fax: (951)7487-7920 Title: Adoption of Resolution Initiating an Amendment to Coachella Valley Portion of Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance No. 88-1 Location —Specific: In Pahn Springs, along Gene Autry Trail, Vista Chino Drive, and Highway 111. In Indio, along Golf Center Parkway, Indio Boulevard, and Highway 111. Location — City: Cities of Palm Springs and Indio. Location - County: Riverside County. Description of Nature, Purposes, and Beneficiaries: The Riverside County Transportation Commission Transportation ("RCTC") Expenditure Plan and Retail Transaction and Use Tax Ordinance, Ordinance No. 88-1 (the "Plan") was approved by 78.9 percent of the voters in Riverside County in 1988. The purpose of this Plan is to relieve traffic congestion, increase safety, improve air quality, and provide funding for 'essential countywide transportation improvements. The Plan listed the locations of anticipated improvements in Riverside County, including the Coachella Valley area. Due to unanticipated realignments in roadways and the relinquishment of State control over other roadways and highways in Coachella Valley, the Plan must now be amended to reflect current conditions and specify the current roadway segments which are eligible for funding. The amendment to the Plan initiated by RCTC on , - , 2008 does not approve the construction of any transportation improvement, but instead makes funding available for the planning and environmental review of future transportation improvements. The beneficiaries of these improvements include the residents of Riverside County, particularly those of the Coachella Valley area. Nacre of Public Agency Approving: Riverside County Transportation Commission Name of Person or Agency Carrying Out: Riverside County Transportation Commission 1 of 2 56 Exempt Status: (check one) Ministerial (Sec. 21080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); Categorical Exemption. State type and section number: Statutory Exemptions. State code number: X >Other; Not a "Project" (State CEQA Guidelines §§ 15378(b)(4); 15004) Reasons why exempt: The proposed amendment of the Plan does not approve the constriction of any transportation improvements. Instead, the amendment revises the Plan to accurately state current conditions and specify the transportation system improvements which are eligible for funding under the Plan. Only those improvements specified in the Plan are eligible for funding. The Plan states that "the scope of highway and commuter rail projects to be implemented is to be determined through required environmental analysis and full consideration of alternatives. Public participation during the environmental analysis is required." Likewise, Public Utilities Code section 240302 states that the tax revenues available under the Plan are to be expended for the purposes of "planning, environmental reviews, engineering and design costs, and related right-of-way acquisition." Accordingly, the Plan must be amended before available tax revenues can be expended on the planning and environmental review of anticipated future transportation improvements. As such, amendment of the Plan is merely "the creation of [a] government funding mechanism or other government fiscal activit[y] which do[es] not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment." (State CEQA Guidelines § 15378(b)(4)) Additionally, the scope, nature, and construction schedule of the improvements listed in the amended Plan are currently unknown and initial technical and engineering studies for the improvements have not yet been completed. Thus, there is not yet "enough meaningful information for environmental assessment" of anticipated transportation improvements, and the amendment of the Plan is merely the "designat[ion] of a preferred site for CEQA review." (State CEQA Guidelines § 15004.) Accordingly, the amendment of the Plan is not a "project" and is exempt from environmental review under CEQA. Any future approval of specific transportation improvements would be subject to all required environmental review. Lead Agency Contact Person: Shirley Medina Phone: (951) 787-7141 Signature: Date: Title: RVPUB\CSCHILLER\752219.2 2 of 2 57 ATTACHMENT 3 [TO BE PLACED ON RCTC LEI "I ERHEAD] [insert date] [Insert City address ] Attu: City Clerk RE: Resolution Approving an Amendment to the Riverside County Transportation COYnmiSSi911 Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance (Ordinance No. 88-1) ("Measure A") To the City Clerk of the City of The Riverside County Transportation Commission ("RCTC") recently adopted a resolution initiating an amendment to the Measure A Transportation Improvement Plan {the "TIP"). In order for the amendment to the TIP to become effective, the Board of Supervisors of Riverside County and a majority of the cities within Riverside County constituting a majority of the incorporated population must approve the pmposed amendment. RCTC is therefore asking for your City to support the amendment to the TIP by adopting the enclosed resolution. For your convenience, we have also enclosed a Notice of Exemption which, pursuant to the California Environmental Quality Act ("CEQA"), State CEQA Guidelines, should be filed within five (5) business days of the adoption of the enclosed resolution. Should you have any questions regarding this matter, please call Shirley Medina at (951) 787-7141. Sincerely, Shirley Medina 1 58 ATTACHMENT 4 [TO BE PLACED ON RCTC LETTERHEAD] [insert date] Nancy Romero Riverside County Clerk of the Board 4080 Lemon St., 1st Floor Riverside, CA 92501 RE: Resolution Approving an Amendment to the Riverside County Transportation Commission Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance (Ordinance No. 88-1) ("Measure A") Dear Nancy Romero: The Riverside County Transportation Commission ("RCTC") recently adopted a resolution initiating an amendment to the Measure A Transportation Improvement Plan (the "TIP"). In order for the amendment to the TIP to become effective, the Board of Supervisors of Riverside County and a majority of the cities within Riverside County constituting a majority of the incorporated population must approve the proposed amendment. RCTC is therefore asking for the Riverside County Board of Supervisors to support the amendment to the TIP by adopting the enclosed resolution. For your convenience, we have also enclosed a Notice of Exemption which, pursuant to the California Environmental Quality Act ("CEQA"), State CEQA Guidelines, should be filed within five (5) business days of the adoption of the enclosed resolution. Should you have any questions regarding this matter, please call Shirley Medina at(951) 787-7141. Sincerely, Shirley Medina 59 ATTACHMENT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APPROVING AN AMENDMENT TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION TRANSPORTATION EXPENDITURE PLAN AND RETAIL TRANSACTION AND USE TAX ORDINANCE (ORDINANCE NO.88-0 WHEREAS, the Riverside County Transportation Commission Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance, Ordinance No. 88-1 ("Measure A") was approved by 78.9 percent of the voters in Riverside County in November of 1988. WHEREAS, the purpose of Measure A is to help relieve traffic congestion, increase safety, improve air quality, provide finds to match developers' fees and State and local moneys for transportation and plan adequately for traffic by providing essential countywide transportation improvements. WHEREAS, the Transportation Expenditure Plan, also referred to as the Transportation Improvement Plan ("TIP"), was attached as Exhibit B to Measure A and was incorporated therein by reference. WHEREAS, the TIP identifies State Highway 111 from Ramon Road to Indio Boulevard as one of the projects in the Coachella Valley for which Measure A State highway and major regional road project funds are to be appropriated and expended ("Measure A Highway Funds"). A map depicting the then -current Highway 111 designation between Ramon Road to Indio Boulevard (the "Original Alignment") was part of the TIP. WHEREAS, since the passage of Measure A, the designation of Highway 111 has been changed as portions of the Original Alignment have been relinquished by the State and are now maintained by local jurisdictions: Additionally, Highway 111 was realigned in the city of Palm Springs and now is located on Vista Chino Drive between Indian Canyon Drive and Gene Autry Trail, as well as the segment of Gene Autry Trail from Vista Chino Drive to South Palm Canyon Drive. WHEREAS, changes to the alignment of Highway 111 have raised questions regarding the eligibility of segments relinquished by the State to local agencies for Measure A Highway Funds. Furthermore, additional segments of Highway 111 not included in the Original Alignment have been requested to be eligible for receipt of Measure A Highway Funds. WHEREAS, pursuant to California Public Utilities Code Section 240302(d), the TIP may only be amended by the following process: (1) Initiation of amendment by the commission, reciting findings of necessity for the amendment. (2) Approval by the board of supervisors. (3) Approval by a majority of the cities constituting a majority of the incorporated population. 60 WHEREAS, the changes to the designation of Highway 111 have created the necessity for the adoption of an amendment to the TIP, as the TIP is no longer current as applies to Highway 111. Furthermore, in order for Measure A Highway Funds to be effectively expended to carry out the voter intent for highway and roadway improvements, an amendment to the TIP is necessary. WHEREAS, at its meeting on the Board of Directors of the Riverside County Transportation Commission ("Commission Board") adopted a resolution initiating an amendment to the TIP, including the required findings of necessity for the amendment. WHEREAS, the City Council of the City of ("City Council') has considered the proposed amendment, and approves said amendment to the TIP. WHEREAS, Public Utilities Code section 240302, under which Measure A and the TIP were adopted, states that generated tax revenues may be expended "for the planning, environmental reviews, engineering and design costs, and related right-of-way acquisition?' WHEREAS, the TIP states that the "scope of highway and commuter rail projects to be implemented is to be determined through required environmental analysis and full consideration of alternatives" including "public participation during the environmental analysis process." WHEREAS, the amendment to the TIP does not approve construction of any transportation improvements but amends the TIP to reflect current conditions in the Coachella Valley. WHEREAS, under California Code of Regulations, title 14, section 15378(b)(4), the amendment of the TIP is not a `project" subject to environmental review under the California Environmental Quality Act ("CEQA") because the amendment merely creates a government funding mechanism and is not a commitment to any specific project. WHEREAS, under California Code of Regulations, title.14, section 15004, the amendment of the TIP is not subject to CEQA because there is insufficient information about the transportation improvements to conduct meaningful environmental review at this time. WHEREAS, pursuant to the TIP, all appropriate environmental review will be completed prior to any future approval of a specific transportation improvement. NOW, THEREFORE, BE IT RESOLVED BY I HE CITY COUNCIL OF THE CITY OF AS FOLLOWS: Section 1. Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference as though fully set forth herein. Section 2. Approval of Amendment to the TIP. The City Council hereby approves the following amendment to the TIP, as initiated by the Commission Board: A. Inclusion of Segments to Coachella Valley Portion of TIP. That portion of the TIP entitled "Coachella Valley". Section 1; entitled "State Highways and Major Regional Road Project", of the 3 61 aforementioned portion of the TIP, located on page 183-07 of Measure A, shall be amended to include the segments of highway, and/or roadway described below and as shown on the map attached hereto as Exhibit "A" and incorporated herein by reference. The total amount of funding allocated to the Coachella Valley shall not be changed. 1 In Palm Springs, from the intersection of Ramon Road and Gene Autry Trail, north on Gene Autry Trail to Vista Chino Drive, thence west on Vista Chino Drive to North Palm Canyon Drive, thence northerly on the existing Highway 111 alignment to Interstate 10, 2. In Indio, from the crossing of Golf Center Parkway over Indio Boulevard, northerly on Golf Center Parkway to Interstate 10, and 3. In Indio, from the intersection of Highway 111 and Indio Boulevard, southeasterly on Indio Boulevard and Grapefruit Boulevard, the existing and former Highway 111 alignment, through the city of Coachella and Riverside County to the intersection of State Route 195 (Avenue 66). B. Revision to Map Included as Part of. TIP. The map attached as part of the TIP shall be amended to include those segments of highway and/or roadway as shown in the map attached to this Resolution as Exhibit "A". Section 3. Approval of Findings. The City Council hereby approves the fmdings of the Commission Board related to adoption of the amendment to the TIP: ' Section 4. Effective Date. This Resolution shall be effective on the date of its adoption. Notwithstanding the foregoing, the amendment to the flY set forth herein shall not be effective unless and until approved by the Board of Supervisors of Riverside County, and a majority of the Cities within Riverside County. Section 5. Notice of Exemption. The City Council hereby finds that adoption of this Resolution is not subject to CEQA and authorizes and directs City staff to file a'Notice of Exemption with the County Clerk of Riverside County and the State Clearinghouse within five (5) days following adoption of this Resolution. This Resolution is PASSED, APPROVED AND ADOPTED this th day of , 2008 by the following vote: 4 62 Vote: Ayes: Nays: Abstain: ATTEST: , City Clerk APPROVED AS TO FORM: City Attorney City of by , Mayor 5 63 " Exhibit A Map depicting new segments of highway and/or roadway to be included in the TIP [attached behind this page] Exhibit A 64 ATTACHMENT 6 RESOLUTION NO. A RESOLUTION OF THE BOARD OF SUPERVISORS OF RIVERSIDE COUNTY APPROVING AN AMENDMENT TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION TRANSPORTATION EXPENDITURE PLAN AND RETAIL TRANSACTION AND USE TAX ORDINANCE (ORDINANCE NO.88-1) WHEREAS, the Riverside County Transportation Commission Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance, Ordinance No. 88-1 ("Measure A") was approved by 78.9 percent of the voters in Riverside County in November of 1988 WHEREAS, the purpose of Measure A into help relieve traffic congestion, increase safety, improve air :quality, provide funds to match developers' fees and State and local moneys for transportation and plan adequately for traffic by providing essential countywide transportation improvements. WHEREAS, the Transportation Expenditure Plan, also referred to as the Transportation Improvement Plan ("TIP"), was attached as Exhibit B to Measure A and was incorporated therein by reference. WHEREAS, the TIP identifies State Highway 111 from Ramon Road to Indio Boulevard as one of the projects in the Coachella Valley for which Measure A State highway and major regional road project funds are to be appropriated and expended ("Measure A Highway Funds"). A map depicting the then -current Highway 111 designation between Ramon Road to Indio Boulevard (the "Original Alignment") was part of the TIP. WHEREAS, since the passage of Measure A, the designation of Highway 111 has been changed as portions of the Original Alignment have been relinquished by the State and are now maintained by local jurisdictions. Additionally, Highway 111 was realigned in the city of Palm Springs and now is located on Vista Chino Drive between Indian Canyon Drive and Gene Autry Trail, as well as the segment of Gene Autry Trail from Vista Chino Drive to South Palm Canyon Drive. WHEREAS, changes to the alignment of Highway 111 have raised questions regarding the eligibility of segments relinquished by the State to local agencies for Measure A Highway Funds. Furthermore, additional segments of Highway n 1 not included in the Original Alignment have been requested to be eligible for receipt of Measure A Highway Funds. WHEREAS, pursuant to California Public Utilities Code Section 240302(d), the TIP may only he amended by the following process: (1) Initiation of amendment by the commission, reciting findings of necessity for the amendment, (2) Approval by the board of supervisors. (3) Approval by a majority of the cities constituting a majority of the incorporated population. 2 65 WHEREAS, the changes to the designation of Highway 111 have created the necessity for the adoption of an amendment to the TIP, as the TIP is no longer current as applies to Highway 111. Furthermore, in order for Measure A Highway Funds to be effectively expended to carry out the voter intent for highway and roadway improvements, an amendment to the TIP is necessary. WHEREAS, at its meeting on the Board of Directors of the Riverside County Transportation Commission ("Commission Board"} adopted a resolution initiating an amendment to the TIP, including the required findings of necessity for the amendment. WHEREAS, the Board of Supervisors of Riverside County (the "Board of Supervisors") has considered the proposed amendment, and approves said amendment to the TIP. WHEREAS, Public Utilities Code section 240302, under which Measure A and the TIP were adopted, states that generated tax revenues may be expended "for the planning, environmental reviews, engineering and design costs, and related right-of-way acquisition." WHEREAS, the TIP states that the "scope of highway and commuter rail projects to be implemented is to be determined through required environmental analysis and full consideration of alternatives" including "public participation during the environmental analysis process." WHEREAS, the amendment to the TIP does not approve construction of any transportation improvements but amends the TIP to reflect current conditions in the Coachella Valley. WHEREAS, under California Code of Regulations, title 14, section 15378(b)(4), the amendment of the TIP is not a "project" subject to environmental review under the California Environmental Quality Act ("CEQA") because the amendment merely creates a government fimding mechanism and is not a commitment to any specific project. WHEREAS, under California Code of Regulations, title 14, section 15004, the amendment of the TIP is not subject to CEQA because there is insufficient information about the transportation improvements to conductmeaningfulenvironmental review at this time. WHEREAS, pursuant to the TIP, all appropriate environmental review will be completed by the appropriate agencies prior to any future approval of a specific transportation improvement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF RIVERSIDE COUNTY AS FOLLOWS: Section 1. Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference as though fully set forth herein. Section 2. Approval of Amendment to the TIP. The Board of Supervisors hereby approves the following amendment to the TIP, as initiated by the Commission Board: A. Inclusion of Segments to Coachella Valley Portion of TIP. That portion of the TIP entitled "Coachella Valley". Section 1, entitled 3 66 "State Highways and Major Regional Road Project", of the aforementioned portion of the TIP, located on page 183-07 of Measure A, shall be amended to include the segments of highway, and/or roadway described below and as shown on the map attached hereto as Exhibit "A" and incorporated herein by reference. The total amount of fimding allocated to the Coachella Valley shall not be changed. 1. In Palm Springs, from the intersection of Ramon Road and Gene Autry Trail, north on Gene Autry Trail to Vista Chino Drive, thence west on Vista Chino Drive to North Palm Canyon Drive, thence northerly on the existing Highway 111 alignment to Interstate 10; 2. In Indio, from the crossing of Golf Center Parkway over Indio Boulevard, northerly on Golf Center Parkway to Interstate 10; and 3. In Indio, from the intersection of Highway 111 and Indio Boulevard, southeasterly on Indio Boulevard and Grapefruit Boulevard, the existing and former Highway 111 alignment, through the city of Coachella and Riverside County to the intersection of State Route 195 (Avenue 66). B. Revision to Map Included as Part of TIP. The map attached as part of the TIP shall be amended to include those segments of highway and/or roadway as shown in the map attached to this Resolution as Exhibit "A". Section 3. Approval of Findings. The Board of Supervisors hereby approves the fmdings of the Commission Board related to adoption of the amendment to the TIP. Section 4. Effective Date. This Resolution shall be effective on the date of its adoption. Notwithstanding the foregoing, the amendment to the TIP set forth herein shall not be effective unless and until approved a majority of the Cities within Riverside County. Section 5. Notice of Exemption. The Board of Supervisors hereby finds that adoption of this Resolution is not subject to CEQA and authorizes and directs staff to file a Notice of Exemption with the County Clerk of Riverside County and the State Clearinghouse within five (5) days following adoption of this Resolution. This Resolution is PASSED, APPROVED AND ADOPTED this _th day of , 2008 by the following vote: 4 67 AYES` NOES: ABSENT: ABSTENTIONS: ATTEST: Nancy Romero, Clerk of the Board APPROVED AS TO FORM: County Counsel 5 BOARD OF SUPERVISORS RIVERSIDE COUNTY Chairperson 68 Exhibit A Map depicting new segments of highway and/or roadxvay to be included in the TIP [attached behind this page] Exhibit A 69 ATTACHMENT 7 Notice of Exemption (California Environmental Quality Act) To: Office of Planning and Research From: The City of (the "City") 1400 Tenth Street, Room 222 P.O. Box 3044 Sacramento, CA 95812-3044 Attn: State Clearinghouse Riverside County Clerk's Office P.O. Box 751 2720 Gateway Drive Riverside, CA 92502-0751 Phone: (951) Fax: (951) Title: Adoption of Resolution Approving an Amendment to Coachella Valley Portion of Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance No. 88-1 Location —"Specific: In Palm Springs, along Gene Autry Trail, Vista Chino Drive, and Highway 111. In Indio, along Golf Center Parkway, Indio Boulevard, and Highway 111. Location — City: Cities of Palm Springs and Indio. Location - County: Riverside County. Description of Nature, Purposes, and Beneficiaries: The Riverside County Transportation Commission Transportation ("RCTC") Expenditure Plan and Retail Transaction and Use Tax Ordinance, Ordinance No. 88-1 (the "Plan") was approved by 78.9 percent of the voters in Riverside County in 1988. The purpose of this Plan is to relieve traffic congestion, increase safety, improve air quality, and provide funding for essential countywide transportation improvements. The Plan listed the locations of anticipated improvements in Riverside County, including the Coachella Valley area. Due to unanticipated realignments in roadways and the relinquishment of State control over other roadways and highways in Coachella Valley, the Plan must now be amended to reflect current conditions and specify the current roadway segments which are eligible for funding. The resolution approving an amendment to the Plan adopted by the City on 2008 does not approve the construction of any transportation improvement, but instead approves an amendment to the Plan in order to make funding available for the planning and environmental review of future transportation improvements. The beneficiaries of these improvements include the residents of Riverside County, particularly those of the Coachella Valley area. Name of Public Agency Approving Resolution: _ The City of Name of Person or Agency Carrying Out: Riverside County Transportation Commission I of 2 70 Exempt Status: (check one) _ Ministerial (Sec. 21080(b)(1); 15268); _ Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); Categorical Exemption. State type and section number Statutory Exemptions. State code number. X Other. Not a "Project" {State CEQA Guidelines;§§ 15378(b)(4); 15004) Reasons why exempt: Approval of the proposed amendment to the Plan does not approve the construction of any transportation improvements. The proposed amendment revises the Plan to accurately state current conditions and specify the transportation system improvements which are eligible for funding under the Plan. Only those improvements specified in the Plan are eligible for funding. The Plan states that "the scope of highway and commuter rail projects to be implemented is to be determined through required environmental analysis and full consideration of alteratives. Public participation during the environmental analysis is required." Likewise, Public Utilities Code section 240302 states that the tax revenues available under the Plan are to be expended for the purposes of "planning, environmental reviews, engineering and design costs, and related right-of- way acquisition." Accordingly, the Plan must be amended before available tax revenues can be expended on the planning and environmental review of anticipated figure transportation improvements. As such, amendment of the Plan is merely "the creation of [a] government funding mechanism or other government fiscal activit[y]. which do[es] not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment." (State CEQA Guidelines § 15378(b)(4).) Additionally, the scope, nature, and construction schedule of the improvements listed in the amended Plan are currently unknown and initial technical and engineering studies for the improvements have not yet been completed. Thus, there is not yet "enough meaningful information for environmental assessment" of anticipated transportation improvements, and the amendment of the Plan is merely the "designatlion] of a preferred site for CEQA review." (State CEQA Guidelines § 15004.) Accordingly, the amendment of the Plan is not a "project" and is exempt from environmental review under CEQA. Any future approval of specific transportation improvements would be subject to all required environmental review by the appropriate agencies. Lead Agency Contact Person: Shirley Medina Phone: (951) 787-7141 Signature: Date: Title: 2 of • 71 ATTACHMENT 8 Notice of Exemption (California Environmental Quality Act) To: Office of Planning and Research 1400 Tenth Street, Room 222 P.O. Box 3044 Sacramento, CA 95812-3044 Attn: State Clearinghouse Riverside County Clerk's Office P.O. Box 751 2720 Gateway Drive Riverside, CA 92502-0751 From: The Board of Supervisors of Riverside County c/o Riverside County Clerk of the Board 4080 Lemon St., 1st Floor Riverside, CA 92501 Phone: (951) 955-1060 Fax: (951) 955-1071 Title: Adoption of Resolution Approving an Amendment to Coachella Valley Portion of Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance No. 88-1 Location — Specific: In Palm Springs, along Gene Autry Trail, Vista Chino Drive, and Highway 111. In Indio, along Golf Center Parkway, Indio Boulevard, and Highway 111. Location — City: Cities of Palm Springs and Indio. Location County: Riverside County: Description of Nature, Purposes, and Beneficiaries: The Riverside County Transportation Commission Transportation ("RCTC") Expenditure Plan and Retail Transaction and Use Tax Ordinance, Ordinance No. 88-1 (the "Plan") was approved by 78.9 percent of the voters in Riverside County in 1988. The purpose of this Plan is to relieve traffic congestion, increase safety, improve air quality, and provide funding for essential countywide transportation improvements. The Plan listed the locations of anticipated improvements in Riverside County, including the Coachella Valley area. Due to unanticipated realignments in roadways and the relinquishment of State control over other roadways and highways in Coachella Valley, the Plan must now be amended to reflect current conditions and specify the current roadway segments which are eligible for funding. The resolution approving an amendment to the Plan adopted by the Board of Supervisors of Riverside County on 2008 does not approve the construction of any transportation improvement, but instead approves an amendment to the Plan in. order to make funding available for the planning and environmental review of future transportation improvements. The beneficiaries of these improvements include the residents of Riverside County, particularly those of the Coachella Valley area. Name of Public Agency Approving Resolution: The City of Name of Person or Agency Carrying Out: Riverside County Transportation Commission 1 of 2 72 Exempt Status: (check one) _ Ministerial (Sec. 21080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(e)); Categorical Exemption. State type and section number: Statutory Exemptions. State code number. X Other: Not a "Project' (State CEQA Guidelines §§ 15378(b)(4); 15004) Reasons why exempt: Approval of the proposed amendment to the Plan does not approve the construction of any transportation improvements. The proposed amendment revises the Plan to accurately state current conditions and specify the transportation system improvements which are eligible for funding under the Plan. Only those improvements specified in the Plan are eligible for funding. The Plan states that "the scope of highway and commuter rail projects to be implemented is to be determined through required environmental analysis and full consideration of alternatives. Public participation duiing the environmental analysis is required." Likewise, Public Utilities Code section 240302 states that the tax revenues available under the Plan are to be expended for the purposes of "planning, environmental reviews, engineering and design costs, and related right-of- way acquisition." Accordingly, the Plan must be amended before available tax - revenues can be expended on the planning and environmental review of anticipated future transportation improvements. As such, amendment of the Plan is merely "the creation of [a] government fimding mechanism or other government fiscal activitjy] which doles] not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment." (State CEQA Guidelines § 15378(b)(4)) Additionally, the scope, nature, and construction schedule of the improvements listed in the amended Plan are currently unknown and initial technical and engineering studies for the improvements have not yet been completed. Thus, there is not yet "enough meaningful information for environmental assessment" of anticipated transportation improvements, and the amendment of the Plan is merely the "designat[ion] of a preferred site for CEQA review." (State CEQA Guidelines,§ 15004.) Accordingly, the amendment of the Plan is not a "project' and is exempt from environmental review under CEQA. Any future approval of specific transportation improvements would be subject to all required environmental review by the appropriate agencies. Lead Agency Contact Person: Shirley Medina Phone: (951) 787-7141 Signature: Date: Title: 2of2 73 ATTACHMENT uaan eala haalauadeu slat sW eq Heels velgaeed We Aounnae W eaedeu Wan lanpoed sap to can Ala amuse peulseuge uopeuuaps xE Ica Asocneuodsu lelisl au eau/nese putt 'unissued seep eye to Aue ea aasueeeltlwaa ep'aeeugzwp'Aaunane yAped pm ueyo al comae *PM wow* eye el ee eeeuuen6 la *wens au oyew eJVgo'amepusee 91020140e to Emslemna of sluneae Alasssanau lac cue pue `eleWleaMde ale aurae%del Alua eesodend anaemic la peen sq o} bee eeep put a leey ueupepso sluewwenoo fo uopeloossy RelleA v1164 1100 '141ed selognIN Rq dew OV O speoa iofew �— selnoy Aem4161H — 964 Aem461H e161S 01 PM9 01Pul 444 As/ALA N 04-101 PM9 01P411 py uowea 0104-4 A°""4"" 444 Aem4161H PM8 o1pu1 01 PM uowea 444 Aem1461H 9964 ;uewufipy 444 Aemg61H 1E4410� pue6el Z4 6 9 £ 9'4 0 sal!W uopepuawwopaa ;uauru6rld 644 olli eu.._m Asees.—a47:.e.1:. • RIVERSIDE COUNTY TRANSPORTATION COMM/SS/ON DATE: August 25, 2008 TO: Budget and Implementation Committee FROM: Shirley Medina, Programming and Planning Manager THROUGH: Cathy Bechtel, Project Development Director SUBJECT: Transportation Uniform Mitigation Fee Program - Memorandum of Understanding Amendment STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve Memorandum of Understanding (MOU) No. 04-72-002-01, Amendment No. 1 to MOU No. M23-002, between the Commission and Western Riverside Council of Governments (WRCOG) regarding the Transportation Uniform Mitigation Fee (TUMF); 2) Authorize the Executive Director to execute the amendment on behalf of the Commission; 3) Approve the TUMF Administrative Plan amendment; and 4) Forward to the Commission for final action. BACKGROUND INFORMATION: The 2009 Measure A program required each agency to participate in a TUMF program. The WRCOG was designated as the administrator of the TUMF funds and responsible for the development and implementation of the TUMF Zone program, and the Commission is responsible for the TUMF Regional Arterial program. Additionally, the 2009 Measure A Transportation Improvement Plan (TIP) stated that the first $400 million would be made available to the Commission to equally fund the TUMF regional arterial system and the Community Environmental Transportation Approval Process (CETAP) corridors. In 2003, the Commission and WRCOG entered into a MOU to split the arterial revenue between both agencies in accordance with the TUMF Nexus Study until the 2009 Measure A took effect. The agreement further stipulated that if upon July 1, 2009 the $400 million was not repaid, 100% of the TUMF funds would then go to the Commission until the $400 million was satisfied. Given the current economic condition, the $400 million will not be paid to the Commission by July 1, 2009. In order to prevent a disruption of funding for TUMF projects, Commission and WRCOG staff have met to discuss and resolve this issue. As a Agenda Item 10 75 result, the Commission and WRCOG have agreed that the $400 million cap should be lifted and the Commission would continue receiving an equal share of the TUMF regional arterial revenue indefinitely. Therefore, both agencies will continue administering TUMF programs; the Commission's Regional Arterial program and. WRCOG's Zone program. A TUMF Gatekeepers Committee will be established consisting of elected leaders from both agencies. The above agreements have been reflected in the TUMF MOU amendment. The MOU amendment will, replace the July 10, 2003 MOU. The TUMF Administrative Plan has also been amended to reflect the Commission's role in administering the Regional Arterial program. The plan also reflects how the Commission and WRCOG committee structures will be coordinated so that recommendations from respective committees will be included and forwarded to each respective committee and board, including the TUMF Gatekeepers Cornmittee. Attachments: 1) TUMF MOU Amendment 2) TUMF Administrative Plan Agenda Item 10 • 76 ATTACHMENT 1 Agreement No. XXX-XX REVISED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN. THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS CLARIFYING THE RELATIONSHIP BETWEEN MEASURE "A AND TUMF THIS REVISED AND RESTATED MEMORANDUM OF UNDERSTANDING is made and effective this day of , 2008, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") and the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS ("WRCOG"). RCTC and WRGOG are sometimes collectively referred to herein as the "PARTIES". RECITALS A. On May 8, 2002, RCTC enacted Ordinance No. 02-001 for the purpose, among others, of imposing a 0.5% retail transactions and use tax (Measure "A" (2002)) the proceeds of which would be spent in accordance with the Transportation Improvement Plan attached to the Ordinance as Exhibit "B" ("TIP"). The collection of Measure "A" (2002) sales taxes shall commence upon the expiration of the existing Measure "A" sales tax on or about April 2009. B. On November 5, 2002, a supermajority of Riverside County voters -approved Measure "A" (2002), including the TIP. By its terms, the TIP conditioned the expenditure of Measure "A" (2002) revenues in city and county jurisdictions with the requirement, among other things, that matching revenues be generated within such jurisdictions in the form of a "Transportation Uniform Mitigation Fee", or "TUMF". C. WRCOG is a joint powers public agency consisting of the County of Riverside, fifteen cities, and two regional water districts situated in the western end of Riverside County. WRCOG developed a TUMF ordinance and Administrative Plan that was adopted by its member agencies between December 2003 and April 2004 that would serve to implement the TUMF. The TUMF is expected to result in transportation improvements in Western Riverside County valued at about $5 billion, and the ordinance designates WRCOG as the program administrator. D. The TIP includes a requirement that $400 million of TUMF revenues (the "$400 Million TUMF Requirement") be transferred to RCTC to fund, equally, the Measure "A" (2002) Regional Arterial System and the CETAP Corridors System that are identified as part of the Regional System of Highways and Arterials. 1 77 E. Because the TUMF program was not finalized by the time Measure "A" (2002) was approved by Riverside county voters, the details necessary to fully coordinate the two revenue programs could not be worked out. F. On July 10, 2003 WRCOG and RCTC entered into an MOU (the "Original MOU") that established the process whereby the $400 Million would be transferred to RCTC. The agreement stipulated that after WRCOG deducted the administrative component, the balance of the revenue would be allocated as follows: 48.1 % to RCTC for the RCTC regional program, 48.1 % for the WRCOG Zone program and 3.8% for the Riverside Transit Agency for regional transit projects. Further, the agreement stipulated that if the $400 Million TUMF requirement was not satisfied by April 1, 2009 then all TUMF revenues, excluding administrative cost, would be transferred to RCTC until the obligation had been satisfied: G. Between 2003 — 2007both agencies adopted TUMF Transportation Improvement Programs with significant funding commitments. In order not to disrupt funding for existing project commitments both parties have agreed to revise the Original MOU to assure that funding will be available to support the delivery of projects programmed by WRCOG, RCTC and RTA. H. WRCOG and RCTC have agreed to this Revised and Restated MOU for the purpose of, among other things, of revising the Original MOU to 1) delete the requirement in the Original MOU that after April 2009 all TUMF revenues (excluding administrative costs) be allocated to RCTC until the $400 Million TUMF Requirement is satisfied; 2) remove the $400 Million cap on TUMF revenues to be allocated to RCTC under the TUMF program; and 3) to direct TUMF revenues (after deduction for administrative costs, transit funding and MSHCP funding) equally to the WRCOG Zone program and RCTC Regional Arterial TUMF Program. I This Revised and Restated MOU supersedes the Original MOU as of April 30, 2009. Prior to April 30, 2009, the Original MOU shall control. MUTUAL UNDERSTANDINGS NOW, THEREFORE, in consideration of the foregoing facts and mutual understandings, the PARTIES wish to memorialize, by this Memorandum, the following mutual understandings: I. Allocation of TUMF Revenues from October 1, 2008 thereafter. Pursuant to Government Code Section 66000 et seq., WRCOG has prepared and periodically updates at Nexus Study (the "Nexus Study") to support the imposition of the TUMF. The Nexus Study will determine the percent allocation for each of the program components under the TUMF. After the set aside of funds for Program Administration and the Multi Species Habitat Conservation Plan ("MSHCP"), TUMF revenues shall be allocated for the following purposes in accordance with the Nexus Study as follows: 2 78 a. Regional transit; and Equally to: 1) the ROTC Regional Arterial TUMF Program consistent with Measure "A" (2002) and the TIP; and 2) the WRCOG Zone Program, as more specifically provided for in the WRCOG TUMF Administrative Plan. The allocation of revenues set forth in this Section 1 shall continue until this Revised and Restated MOUis modified or amended in writing by the parties and shall not be capped at a total of $400 Million. 2. Satisfaction ofthe '$400 Million TUMF Requirement. WRCOG and RCTC agree that the requirements of this MOU shall satisfy the $400 Million TUMF Requirement set forth in Measure "A" (2002). 3. RCTC Regional Arterial TUMF Program. The development and approval of the RCTC Regional Arterial TUMF Program of projects and funding priorities will be through the following integrated RCTC /WRCOG process: a. For the purpose of developing and updating the RCTC Regional Arterial TUMF Program, the westem jurisdictions of the RCTC TAC will be combined with the WRCOG Public Works Committee into a single committee known as the TUMF Public Works Committee (TPWC). This Committee will be comprised of the Public Works Directors from each city in western Riverside County and the Transportation Director from the County of Riverside and will meet on a regular basis according to an adopted schedule. The TPWC will make recommendations regarding the RCTC Regional Arterial TUMF Program to the WRCOG TAC and RCTC Budget and Implementation Committee. b. WRCOG Technical Advisory Committee (WRCOG TAG), comprised of the City Managers, County Executive management, General Managers from two regional water districts, and the Executive Director of March JPA meets regularly according to an adopted schedule and will review the TPWC recommendations and forward the recommendations on the RCTC Regional Arterial TUMF Program with any revisions to the WRCOG Executive Committee for action. c. RCTC Budget and Implementation Committee, comprised of RCTC Commissioners, meets monthly according to an adopted schedule and will review the RCTC Regional Arterial TUMF Program along with the TPWC recommendations and any additional recommendations from the WRCOG TAC and forward their recommendation to the full RCTC Board for action. 3 79 d. WRCOG Executive Committee will review the RCTC Regional Arterial TUMF Program along with the WRCOG TAC recommendations and any additional information from the RCTC Budget and Implementation Committee and forward their recommendations to the RCTC Board. e. The RCTC Board of Commissioners shall be presented with the proposed RCTC Regional Arterial TUMF Program along with any concerns raised by any of the RCTC or WRCOG Committees described above. If the Board of Commissioners desires to make any changes to the Program, the RCTC Regional Arterial Program shall be referred to the Coordinating Committee for resolution and approval. It is intended that steps a — e will be accomplished within a 30 day meeting cycle. This process is designed to move quickly and build better consensus for the two agencies -for project delivery. In the event that approval of the RCTC ,Regional Arterial TUMF Program is not achieved within 90 days of presentation of the matter to the TtIMF Public Works Committee, the Program shall be returned to the RCTC Board for final consideration and approval, or redirection to the appropriate committee. In such cases, the action of the RCTC Board of Commissions shall be final, and not subject to further review under this MOU. 4. CETAP Corridors as TUMF Improvements. TUMF revenues shall not be used to develop new CETAP corridors that are not also designated on the Regional System of Highways and Arterials as established in the TUMF Nexus Study. 5. RCTC's Expenditure of TUMF Revenues. Accounting and expenditure of TUMF revenues shall be in conformance with the Nexus Study, the Administrative Plan and applicable state laws, including Government Code Sections 66000 et seq. 6. Allocation of Unclaimed Measure "A"<(2002) Local Streets and Roads Funds. Section 5.D. of the "General Provisions of the Transportation Improvement Plan" of the TIP establishes the method for allocating Local Streets and Roads Funds of agencies not participating in the TUMF. RCTC agrecs that in allocating such funds, that it will consider, among other things: a. The zones created by WRCOG for the TUMF." The allocation to Regional Arterial improvements so as to allow the timely use of such funds. 7. Establishment of a Coordinating Committee. There is hereby established a six -member "Measure "A"IfUMF Policy Coordinating Committee", consisting of the Chairperson, Vice -Chairperson and the Second Vice Chairperson of RCTC, and the Chairperson, Vice -Chairperson and Second Vice Chairperson of the WRCOG Executive Committee. The Policy Coordinating Committee shall meet as necessary for the purpose of 4 • 80 coordinating the allocation and expenditure of TUMF and Measure "A" revenues or review the RCTC Regional Arterial TUMF Program as described herein. - If any of the above listed positions at WRCOG or RCTC are vacant, the Chair of the respective agency may appoint a temporary member. S. Amendment. This Memorandum of Understanding may be amended in writing by mutual agreement of the PARTIES. IN WITNESS WHEREOF, the Parties have caused this Amendment to be signed as of the date first above written. RIVERSIDE COUNTy WESTERN RIVERSIDE COUNCIL TRANSPORTATION COMMISSION OF GOVERNMENTS By: By: Jeff Stone, Chairperson Jeff Stone, Chairperson Reviewed and Recommended Reviewed and Recommended for approval: for approval: By: By: Anne Mayer, Executive Director Rick Bishop, Executive Director • 5 81 ATTACHMENT 2 Transportation Uniform Mitigation Fee ADMINISTRATIVE PLAN Revised August 4, 2008 TUMF WRCOG PREPARED BY THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS RIVERSIDE COUNTY ADMINISTRATIVE CENTER ANNEX 4080 LEMON STREET, 3RD FLOOR, MS 1032 RIVERSIDE, CALIFORNIA, 92501-3699 PHONE (951) 955-7985 FAX (951) 787-7991 Western Riverside Council of Governments (WRCOG) Administrative Plan for the 82 Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program Table of Contents Preamble 1. Purpose Authority III. Imposition of and Participation in the TUMF Program IV. Allocation of Funds V. Administration of Plans VI. Administration of Credits VII. Administration of Reimbursements VIII. Administrative Responsibilities IX. Administrative Costs X. Appeals XL. Arbitration XII. TUMF Program Amendments XIII. CEQA HASharedlLupeIWRCOC TUMF Administrative Plan (Adopted) 080408.DOC 2 83 Exhibits: A. Decision Making Process B. TUMF Credit/Reimbursement Eligibility Process C. Guidelines for the Administration of the Programming projects for the Zone Five Year Transportation Improvement Programs HASharecaLupe1WRCOG TUMF Administrative Plan (Adopted) 080408DOC 3 84 Administrative Plan for the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program Preamble Future development within Westem Riverside County with result in traffic volumes exceeding the capacity of the Regional System of Highways and Arterials (RSHA or Regional System) as it presently exists. The Regional System needs to be expanded to accommodate anticipated future growth; current funds are inadequate to construct the Regional System needed to avoid the unacceptable levels of traffic congestion and related adverse impacts. The TUMF Program will provide significant additional funds from new development to make improvements to the Regional System; complementing funds generated by Measure A and the Reauthorized Measure A, local transportation fee programs, and other potential funding sources. By establishing a fee on new development in the sub -region, local agencies can establish a mechanism by which developers will effectively contribute their "fair share" toward sustaining the regional transportation system. This is a twenty-year program and will be influenced by a variety of market factors that could cause a shortfall or surplus in the revenue projections. The TUMF Program shall be reviewed at fewer than five-year intervals to ensure the integrity of the program with the first review occurring in June of 2005. The program is not designed to be the only source of revenue to construct the identified facilities, and it will be necessary for matching funds from a variety of available sources to be provided. It is the intent that TUMF requirements may be met by paying cash, buikling eligible facilities or through public financing, such as Community Facility Districts and Assessment Districts, or private financing vehicles consistent with local jurisdiction policies. General TUMF Program parameters, definitions and procedures are described in the TUMF Program Ordinance adopted by participating Western Riverside County jurisdictions. The Westem Riverside Council of Govemments (WRCOG) is designated as the TUMF Program Administrator, and as such will work closely with member jurisdictions, the Riverside County Transportation Commission, and the Riverside Transit Agency to coordinate transportation expenditure programs to maximize the effectiveness of future transportation investments. The Program Administrator, WRCOG, agrees to indemnify, defend and hold harmless any TUMF Program participant, and its respective agents, officers, members, officials, employees, and attorneys, whose TUMF Ordinance is challenged in court, from and against all claims, liabilities, damages, or costs of any kind whatsoever, including attorneys' fees and court costs; provided, however, that such indemnity and defense shall not extend or apply to challenges alleging procedural defects in the adoption of the TUMF Ordinance. "TUMF Administrative Plan" means the Administrative Plan for the Westem Riverside County TUMF Program prepared by WRCOG dated March 24, 2003, ire substantially the form approved by the WRCOG Executive Committee on April 7, 2003, as may be amended from time to time, provided that, any material amendments to the TUMF Administrative Plan shall be approved by WRCOG Executive Committee." This Administrative' Plan serves as the guideline to implement the TUMF Program and will be amended as needed to address changing conditions over the life of the program. HAShared1LupMtWRCOG TUMF Administrative Plan (Adopted) 080408DOC 4 85 I. Purpose - The Purpose of this Administrative Plan is to provide those jurisdictions and agencies that are participants in TUMF Program with guidelines and policies for implementation of the TUMF Program. This Administrative Plan species implementation and responsibilities for the TUMF Program. TUMF Program funds may only be used for capital expenditures associated with the Regional System of Highways and Arterials and for capital expenditures for transit system improvements consistent with the TUMF Nexus, Study. These purposes include expenditures for the planning, environmental review, engineering and design costs, right of way acquisition, and administrative costs. II. Authority - The TUMF Program applies to those jurisdictions, in:Western Riverside County (County of Riverside and the Cities of Banning, Beaumont, Calimesa, Canyon Lake, Corona, Hemet, Lake Elsinore, Moreno Valley, Murrieta, Norco, Perris, Riverside, San Jacinto, Temecula, Wildomar and the March JPA) that have adopted and are implementing the TUMF Program Ordinance. The TUMF Program has been developed pursuant to and consistent with authority provided in the requirements of Califomia Government Code Chapter 5 Section 66000-66008 Fees for Development Projects (also known as California Assembly Bill 1600 (AB 1600 or the Mitigation Fee Act) which governs the assessment of development impact fees in Califomia. The Mitigation Fee Act requires that all local agencies in California, including cities, counties, and special districts follow two basic rules when instituting impact fees as follows_ A. Establish a nexus or reasonable relationship between the development impact fee's use and the type of project for which the fee is required, B. The fee must not exceed the project's proportional "fair share" of the proposed improvement and cannot be used to correct current problems or to make improvements for existing development. III. Imposition of and Participation: in, the TUMF Program - Participating jurisdictions in Western Riverside County are responsible for collecting the fees on new development within their jurisdictions. To be considered a participant in the TUMF Program a jurisdiction must have an effective date for the TUMF Ordinance of no later than June 1,. 2003 and adopt any amendment of the TUMF Ordinance within ninety (90) days of approval by the WRCOG Executive Committee unless otherwise directed by the WRCOG Executive Committee. The local jurisdictions must adopt the Model TUMF Ordinance and any amendments as prepared by WRCOG staff _ and approved by the WRCOG Executive Committee. Participating jurisdictions shall not modify the Model TUMF Ordinance, except to meet local municipal codes and references. Further, in order to be considered a participating jurisdiction, local jurisdictions shall coiled the full TUMF and transmit the fee to WRCOG as provided herein. Those jurisdictions that have ordinances with an effective date after June 1, 2003 or opt out of the TUMF Program and decide to participate at a later date must remit to WRCOG the amount of TUMF Program fees for new development that were not collected by the jurisdiction. In order to verify the amount of revenue that would have been collected during the period in which a jurisdiction did not participate, said jurisdiction shall provide WRCOG with an annual report of building permit activity by the land uses identified in the Nexus Study. The remittance of the fee can be accomplished either in a lump sum or through a separate MOU with WRCOG with a repayment schedule. Those jurisdictions that are not considered participants in the TUMF Program WiShared1Lupe\WRCOG TUMF Administrative Plan (Adopted) 080408.DOC rj 86 shall riot be eligible to participate in the TUMF Program or the decision -making processes as more fully described in this document. Non -participating jurisdictions will be ineligible to vote on any TUMF Program item and to receive their share of an estimated $970 million in local streets and roads funds that will be allocated from the Reauthorized Measure A. A. Expiration Of Building' Permits 1f a building permit should expire, is revoked, or is voluntarily surrendered and is, therefore voided and no construction or improvement of land or construction has commenced, then the applicant is entitled to a refund of the TUMF (Fee) collected which was paid as a condition of approval, less administration. The fee payer shall submit an application for a refund to the local jurisdiction who will fonNard it to WRCOG for processing. The applicant must pay the appropriate TUMF in full if he reapplies for the permit. If a development project is partially under construction at the time of the effective date of the TUMF Ordinance, the TUMF shall be paid only on that portion of the development for which a building permit is next issued. B. Calculation of the TUMF - Each participating jurisdiction shall calculate and collect the TUMF for projects as outlined in the Fee Calculation Handbook. For residential, the fee is based on the number of units and for non-residential the fee is based on the square footage. This method of calculation may be different from how the local development impact fee is determined. The TUMF shall be calculated using the most current fee schedule in effect at the time the fee is due. Participating jurisdictions are prohibited from freezing TUMF by such means as "locking" a fee rate by paying a deposit or a portion of the fee prior to the date the fee is due or by entering into a Development Agreement or other agreement with a developer that freezes the fee at certain level Partial Payments or Deposits: WRCOG discourages the use of deposits and partial payments as it will create additional reporting requirements for the jurisdictions and may give the developer the irnpression that the fees are not subject to change. However, if a jurisdiction allows for deposits or partial payments, it will transmit the partial payment/deposit to WRCOG in accordance with the TUMF ordinance along with a remittance report. In the variance column of the Remittance report, the jurisdiction shall indicate that the fee collected is a portion of the total due. When the balance is paid, the jurisdiction will calculate the total fee for project based on the TUMF fee schedule in place at the time the balance is paid and deduct the partial payment against the total. The balance will be transmitted in accordance with the TUMF ordinance and this Administrative Plan. The variance column of the Remittance report shall indicate that the balance is paidIf there is a fee adjustment between the deposit/partial payment and the payment of the balance, the fee which is required to be paid will be based on the most current TUMF fee schedule. C: March Joint Powers Authority - The March Joint Powers Authority (JPA) has land use authority and will need to adopt the TUMF Program in the same manner as the cities and county. The March JPA will not have aseparate vote at the WRCOG Executive' Committee as it has representation by elected officials from the County of Riverside and cities of Riverside, Moreno Valley and Perris. The 14.1Sharedllupe1WRCOG TUMF Administrative Plan (Adopted) 080408:DOC 6 87 " Executive Director of the March JPA shall be a voting member of the WRCOG TAC for TUMF Program items only. IV. Allocation of Funds - After administrative costs are allocated as specified in Section IX herein, TUMF funds shall be distributed in accordance with WRCOG Executive Committee actions, the Nexus Study, this Administrative Plan and any future amendments thereto Allocation to Regional Transit Improvements - Of the TUMF funds received by WRCOG, 2.6% shall be allocated to the Riverside Transit Agency for making regional transit improvements. B. Allocation to Regionally Significant Transportation Improvements - Of the TUMF funds received by WRCOG, 48.7% shall be allocated to the Riverside County Transportation Commission (ROTC) for programming improvements to the arterials of regional significance on the Regional System of Highways and Arterials. C. Allocation to Zones - Of the TUMF funds received by WRCOG, 48.7% shall be allocated to the five Zones for programming improvements to the Regional System of Highways and Arterials as determined by the respective Zone Committees. The amount of TUMF funds allocated to each Zone shall be proportionate to the amount of TUMF revenue generated from the zone. V. Administration of the Plan - WRCOG shall administer the TUMF Program as described in the enabling Ordinance adopted by participating jurisdictions and further defined in this Administrative Plan. VI. Administration of Credits - Each jurisdiction shall be responsible for the administration of TUMF credit agreements. Each jurisdiction shall transmit all TUMF credit agreements to WRCOG within 60 days of execution by that jurisdiction. WRCOG may administer credit agreements upon written request from that jurisdiction. The credit agreements shall be in accordance with the following: A. Developer Credits - If a developer constructs improvements identified on the RSHA, the developer shall receive credit for all costs associated with the improvements based on approved unit cost assumptions for the RSHA. Typically, major infrastructure, such as rail grade separations, interchanges, transit projects, etc is constructed by the local jurisdiction rather than the developer, and involves multiple parties, as such; this section makes the distinction between credit agreements for major Infrastructure and the standard arterial improvements. The amount of the development fee credit shall not exceed the maximum amount determined by the most current unit cost assumptions for the RSHA, or actual costs, whichever is less. This shall be known as the maximum TUMF credit. The maximum TUMF credit shall be determined based on approved Improvement Plans and after Conditions of Approval have been determined. The maximum TUMF credit shall identify, at a minimum, the facility, the dimensions of the facility, the number of lanes, and applicable unit costs components as identified in Appendix F in the adopted Nexus Study. The credit /reimbursement eligibility process is outlined in Exhibit "B" of this document. HASharedtupe1WRCOG TUMF Administrative Plan (Adopted) 080408.DOC 7 88 Any improvement made to the RSHA that is obligated through an existing fee district (prior to June 1, 2003) shall not be eligible for TUMF credit. Should it be determined that a jurisdiction granted credits exceeding the maximum TUMF credit, that jurisdiction shall provide WRCOG payment in the amount equal to the excess credit amount. 1. Credits - Prior to receiving any credit, a written credit agreement shay be executed between the jurisdiction or and the developer. Credit for Right of Way (ROW) Dedication — A developer may receive credit for dedication of ROW for RSHA improvements. This section addresses the crediting of ROW dedications which are not part of construction projects. The ROW component in the current Nexus Study determines the maximum share of credit available: ` An appraisal is required to determine the value of the ROW being dedicated. The appraisal of the ROW is determined by one of the following methods: The developer provides to the jurisdiction a current appraisal (no more than two years old), of the ROW to be dedicated. The jurisdiction reviews it and determines if appraisal is valid and acceptable. or b. The developer accepts the appraisal of the jurisdiction: B. Local Development Impact Fees and other funding programs - The local jurisdiction shall compare facilities in local fee programs against the RSHA and eliminate any overlap in its local fee program. 1. New Financing Districts and Bond Issues: For a financing district created or bonds or other evidence of indebtedness issued on or after June 1, 2003, the local jurisdiction may allow a property owner, in lieu of the payment of the TUMF, to participate in such a financing district for the following facilities: (i) a Regionally Significant Transportation Improvement, as defined as those facilities that typically are proposed to have six lanes at build out and extend between multiple jurisdictions, or discrete useable segment thereof, as determined by WRCOG, (ii) any interchange on an interstate or state highway with an estimated construction cost of fifteen million dollars ($15,000,000) or more, (iii) any railroad crossing with an estimated' construction cost of more than ten million dollars ($10,000,000), and (iv) any bridge located on a regionally significant arterial as defined in (i) of this section. Prior to excusing payment under this Section UI.B: the local jurisdiction must do both of the following: (a) Sell bonds in an amount sufficient to construct the improvement for which the financing district is created; and (b) Receive written approval from the WRCOG Executive Director, or designee. (c) In the event that a local jurisdiction is unable to satisfy the HASharedlupe\WRCOG TUMF Administrative Plan (Adopted) 080408:DOC 8 89 requirements of section I (a), above, the local jurisdiction may still excuse the payment of bonds if the local jurisdiction enters into an agreement with WRCOG in which it commits to pay the full amount of any excused Fee, plus interest at the average rate eamed by WRCOG over the past twelve months, in the event that the bonds maybe extended up to an additional 5 years with the approval of the WRCOG Executive Committee. 2. If a local jurisdiction proposes to excuse payment of the TUMF as provided in this Section VI.B, then the jurisdiction shall provide WRCOG reasonable information to account for the credit. 3 If payment is excused as provided in this Section VI.B, then the jurisdiction shall be responsible for construction of the improvements and those improvements shall not be eligible for TUMF Program prioritization or funding. 4. As used in this section, a financing district means a community facilities district, a local road and bridge district, or an assessnient district. 5. Where there is an existing financing district or an existing fee program established prior to June 1, 2003, with bonded indebtedness, then the local jurisdiction may excuse payment of the TUMF for that portion of the facility identified in both programs. Notwithstanding the previous sentence, a local jurisdiction shall not excuse fee payment for any facilities for which bonds have been issued after February 4, 2008, regardless of when the financing district was first created.. 6. Any dispute regarding this implementation of this Section VI.B. may be appealed by the local jurisdiction to the WRCOG Executive Committee for a final determination. 7. This Section VI.B is not intended to impact the administration of credits under Section VITA. of the Administrative Plan. C. Use of Credit by Developer — Any TUMF credit shall be used first by the developer to offset any obligation of the developer to pay TUMF impact fees of the same development project. - Credits may 'not 'be transferred or sold to other development projects. Developers must exhaust all credits before they are eligible for reimbursements. - Credits shall run with the sale of the land. VII. Administration of Reimbursements - Local jurisdictions/agencies and developers are eligible for reimbursement for construction of TUMF facilities. The processes for both are different and are described below. 1 Developer Reimbursements: Each jurisdiction shall be responsible for the administration of reimbursement agreements. WRCOG may administer reimbursement agreements upon written request from the jurisdiction. HASharedlLupe1WRCOG TUMF Administrative Plan (Adopted) 08040E:DOC 90 Should the developer construct RSHA improvements in excess of the TUMF obligation the developer may be reimbursed based on actual costs or the approved unit cost assumptions, whichever is less at the time of the agreement: A development that is exempt from paying the TUMF is not eligible for a reimbursement. Reimbursements shall be made through an agreement between the developer, and the local jurisdiction, and contingent upon funds being available. In all cases reimbursements under such agreements must coincide with construction of the transportation improvements as scheduled in the five year Transportation Improvement Program (TIP) adopted annually by WRCOG. The developer may enter into a reimbursement agreement with the jurisdiction to reimburse the developer/owner for the direct and verifiable costs of constructing improvements to the RSHA when all of the following conditions are met; a. All available credits are exhausted; b. The improvements received prior approval from the jurisdiction and WRCOG based on the review of the TUMF project priority list; c. The jurisdiction and WRCOG have reviewed and approved the scope of the project to be constructed. In no event shall the developer be reimbursed for improvements to the RSHA in excess of the most current approved unit cost assumptions for the TUMF at the time of the agreement. 2. Local Jurisdictions/Agencies: Local jurisdictions are exempt from paying TUMF as such there are no credits given for projects constructed by a local jurisdiction, however the contribution to the RSHA maybe considerable. In such cases where a local jurisdiction constructs TUMF facilities it is eligible for reimbursement up to the maximum share identified in the Nexus Study or actual cost whichever is less, in accordance with the prioritization schedule in the adopted Transportation Improvement Plan. Local jurisdictions are required to enter into a reimbursement agreement with WRCOG in order to be eligible to receive TUMF revenue. VIII. Administrative Responsibilities A. Program Administration - As set forth in Section It above, WRCOG is designated as the TUMF Program Administrator. As Administrator, WRCOG will receive all fees generated from the TUMF as collected by local jurisdictions. WRCOG shall invest, account for and expend such fees in accordance with the TUMF Ordinance and applicable state laws. For jurisdictions that are not participating in the TUMF Program, the representative for that jurisdiction shall not be eligible to vote on any matter related to the TUMF Program that goes before the WRCOG TAG and WRCOG Executive Commtitee. The WRCOG Executive Director - Reporting to the WRCOG Executive Committee, the Executive Director shall be responsible for the following TUMF Program activities: HAStraredlLupe1WRCOG TUMF Administrative Plan (Adopted) 080408.DOC 91 10 a. Administration of the TUMF Program, including development of credit and reimbursement agreements, fee collection process and processing Program appeals; b An independent fiscal audit conducted to report on the evidence that the expenditure of funds collected is in accordance with the Mitigation Fee Act. The audit shall be presented to the WRCOG Executive Committee and made available to the public. c. Establishment and management of the "TUMF Program Trust Fund" for the purposes of depositing TUMF revenues and income interest earned on Trust Fund deposits; d Preparation of an Annual Report for consideration by the WRCOG Executive Committee detailing the status of the TUMF Program including but not limited to fees collected and disseminated; capital projects planned for, prioritized, and built, reimbursement and credit agreements, appeals; and recommendations for TUMF Program adjustments; e. Preparation of periodic comprehensive TUMF program review reports that provide, in concert with requirements of the California Mitigation Fee Act, an analysis of the TUMF Program, including review of the various Nexus Study inputs and assumptions, and preparation of recommendations on potential TUMF Program revisions for consideration by the WRCOG Executive Committee. Such reports may include, but are not limited to recommended fee adjustments based on changes in the facilities required to be constructed, and revenues received pursuant to the Ordinance; f. Preparation of technical studies/analysis required to select and prioritize Regionally Significant Arterial projects; g. Development of a 10-year Strategic Plan that identifies long term planning goals and objectives for implementation of the TUMF Program; h. Development of a five year TIP that identifies projects that are scheduled and funded for construction over a specified period of time and is reviewed on an annual basis; i. Staff support to and coordination with each of the TUMF Zone Committees as necessary; j. Other related activities as directed by the WRCOG Executive Committee: k. Approve Zone and RTA TIP Administrative Amendments; I. Execute all Amendments to TUMF reimbursement agreements. 2. The WRCOG Executive Committee - The WRCOG Executive Committee shall be responsible for reviewing and acting on recommendations for project selection and prioritization of the Regionally Significant Arterials, 10-year Strategic Plan, and the TIP. The WRCOG Executive Committee shall review and consider recommendations on projects from the Public Works Committee and WRCOG TAC. The WRCOG Executive Committee shall also be responsible for approval of the TUMF Program Administrative Plan and any subsequent amendments thereto. From time to time, the WRCOG Executive Committee shall recommend changes to the Ordinance for consideration by participating jurisdictions. H:45haredlLupe\WRCOG TUWTF Administrative Plan (Adopted) 080408.DOC 92 11 In developing recommendations on Regionally Significant Arterials for consideration by the WRCOG Executive Committee, WRCOG staff and the Committee structure shall work with ROTC to coordinate compatibility with Measure A project priorities and schedules of area transportation improvements. WRCOG staff and the WRCOG Executive Committee shall also work with WRCOG jurisdictions and each Zone Committee for the same purposes. For jurisdictions that are not participating in the TUMF Program, the WRCOG Executive Committee representative for that jurisdiction shall not be eligible to vote on any matter related to the TUMF that goes before the WRCOG Executive Committee. The WRCOG Technical Advisory Committee (TAC) - The WRCOG TAC shall review the technical documents and recommendations for Regionally Significant Arterials developed by the Public Works Committee and other committees that may be convened by the WRCOG Executive Committee. The WRCOG TAC shall forward any recommendations to. the WRCOG Executive Committee for its consideration. The WRCOG TAC shall also provide additional assistance to the TUMF Program as requested by the WRCOG Executive Committee. For jurisdictions that are not participating in the TUMF Program, the WRCOG TAC representative for that jurisdiction shall not be eligible to vote on any matter related to the TUMF Program that goes before the WRCOG Executive Committee. 4. The Public Works CommitteefTUMF PWC (PWC) - The PWC shall be comprised of the Public Works Director or designee from each participating jurisdiction of WRCOG, RCTC, RTA and WRCOG and shall be responsible for the following: 9- h. Developing objective criteria for project selection and prioritization including but not limited to the following factors: traffic safety issues potentially created by growth, regional significance, availability of matching funds, mitigation of congestion created by new development; system continuity, geographic balance, project readiness, and completed projects with reimbursement agreements; Providing additional assistance to the TUMF Program as requested by WRCOG Executive Committee, RCTC and/or the WRCOG TAC; Preparing the 10 year Strategic Plan Preparing the five year TIP which will be reviewed annually and amended every two years; Review and recommend the RCTC Regional Arterial TUMF Program of Projects; to the WRCOG TAC; WRCOG Executive Committee and RCTC; Select a lead agency for each (Attie projects in the TIP; Review Annual Report prepared by WRCOG; Review and revise the RSHA as may be necessary (at a minimum every 5 years); i. Review and revise Unit Cost Assumptions to the'RSHA as may be necessary (at a minimum every 5 years); H:1SharedlLupe1WRCOG TUMF Administrative Plan (Adopted) 080408:DOC 12 93 B. Regional Arterial Administration - RCTC, through an MOU with WRCOG (effective October 1, 2008) is the responsible agency for programming and delivering the Regionally Significant Arterials as defined in the Nexus Study. WRCOG and RCTC have established a committee structure that incorporates the Public Works Directors, City Manager and WRCOG Executive Committee and the RCTC Board for the development, review andapproval of the Regional Arterial TUMF Program of projects. 1. The RCTC Executive Director- Reporting to the RCTC, the Executive Director shall be responsible for the following TUMF Program activities: a. Establishment and management of the "TUMF Program Trust Fund" for the purposes of depositing TUMF revenues and income interest earned on Trust Fund deposits; b. Development of the RCTC Regional Arterial TUMF Program that identifies projects that are scheduled and funded for construction over a specified period of time and is reviewed on an annual basis; c. Staff support to and coordination with the TUMF Committees as necessary; d. Other related activities as directed by the RCTC Board. 2. The RCTC Board - The RCTC Board shall be responsible for reviewing and acting on recommendations for project selection and prioritization of the RCTC Regional Arterial TUMF Program. The RCTC Board shall review and consider recommendations on projects from the TUMF Public Works Committee, WRCOG TAC and WRCOG Executive Committee. C. Zone Administration - Each Zone shall establish a committee structure, similar to the one outlined in Exhibit A, for the purpose of developing a Transportation Improvement Plan (TIP) consistent with the Strategic Plan for the project prioritization scheduling, and construction of zonal RSHA projects using TUMF funds returned to each zone: Each zone shall also be responsible for selecting a lead agency for each project listed in the TIP. All zones shall approve their TIP by consensus and forward their recommendations to WRCOG for review and approval to ensure compatibility with the intent of the 10 year Strategic Plan. Zone dollars are to be allocated by the Zone Committee only and can not be utilized or borrowed for projects located outside the zone unless such projects are: 1) proposed and approved by the Zone Committee and 2) it is consistent with the Nexus Study. 1n furtherance of this Section VIII.B, each Zone shall abide by the Guidelines set forth in Exhibit "C". The Riverside County Transportation Improvement Plan approved by Riverside County voters on November 5, 2002 states "Funding which is not allocated to a city or county because it is not a participant in the TUMF Program in the Coachella Valley area and the TUMF and MSHCP in the Westem County area shall be allocated to the Regional Arterial Program in the geographic area in which the city or portion of the county is located". Each City and a portion of the unincorporated area of Riverside County are assigned to each of the zones. The five Zones are as follows: HASharedlUmMWRCOG TUMF Administrative Plan (Adopted) 080408.DOC 94 13 1. Northwest Zone — The Cities of Riverside, Corona, Norco and the County of Riverside, March JPA; 2. Southwest Zone - The Cities of Temecula, Lake Elsinore, Murrieta, Canyon Lake,.Wildomar and the County of Riverside;' 3. Central Zone — The Cities of Moreno Valley and Perris, and the County of Riverside, March JPA; 4. Pass Zone — The Cities of Banning; Beaumont, Calimesa, and the County of Riverside; 5. Hemet/San-Jacinto Zone — The Cities of Hemet and San Jacinto and the County of. Riverside. Local Administration'- As described in the TUMF Ordinance, participating jurisdictions are responsible for collecting the TUMF. Fees collected and a corresponding Remittance Report are required to be transmitted to the Executive Director of WRCOG. In accordance with the TUMF Ordinance and the Mitigation Fee Act, WRCOG will deposit, investment, account and expend the transmitted fees. Participating jurisdictions are required to transmit reports as set forth below to WRCOG which shall include, but not be limited to the following information regarding the TUMF Program status. 7 Monthly Remittance Reports— Participating jurisdictions are required to submit the standard Remittance Report to WRCOG by the close of the month for the previous month's activity, for example; June's Remittance report is due August 1. The report will contain information necessary for WRCOG to determine the total amount of fees collected within each fee category as it relates to the number of building permits, certificates of occupancy, or final inspections issued during the same period of time. Remittance reports are required even when no fees have been collected, provided building permits or certificates of occupancy have been issued. In addition the participating jurisdiction shall provide WRCOG the following information: the name of the developer or payee; project address, APN, total square feet; credits issued, and such other information as requested by WRCOG. This information will assist WRCOG in tracking new development, total revenue received and revenue projections for purposes of program audits and program updates. 2. Remittance Delays -1f a participating jurisdiction does not transmit the tees along with a corresponding Remittance Report by the close of the month for the previous month in which fees were collected, the following fiscal policy shall be applied_ On the first working day 'after the close ache month WRCOG staff will notify, in writing, the delinquent jurisdiction of the delinquency and request that said jurisdiction remit by the fifteenth (15t), the fees and the required Remittance Report; If fees and Remittance Report have not been received, by the forty-fifth (45t) day, WRCOG staff will invoice the jurisdiction for the approximate HASharedlLupeIWRCOG TUMF Administrative Plan (Adopted) 080408DOC 95 14 amount owed plus interest and penalties from the first day of the month following the closing of the month being reported; WRCOG staff will continue this notification until sixty (60) days after the close of the month. At which time, WRCOG will determine if an audit is necessary of the jurisdiction's TUMF account, general ledger and any other financial data. If an audit is conducted, WRCOG will investigate the amount owed and the cause of delay. Upon completion of the audit, WRCOG staff shall make any recommendations to resolve any outstanding issues; if an audit is required due to reporting and remittance irregularities, the jurisdiction could incur the cost of the audit. Riverside Transit Agency (RTA) — In accordance with the Nexus Study 2.6% of funds received will be made available to the RTA to make capital facilities improvements for transit purposes as identified in the Nexus Study. The RTA shall provide a report to the WRCOG Executive Committee each year, which has been reviewed by the City Managers/County Executives and the technical committees, detailing its expenditures of TUMF Program funds received, as well as future commitments for transit facilities using TUMF Program revenues as determined by the RTA Board of Directors. IX. Administrative Costs. The TUMF Ordinance authorizes WRCOG to expend funds generated from TUMF that are necessary and reasonable to cant' out its responsibilities. The WRCOG Executive Committee adopted a series of policies that clarify the expenditure and retention of program funds for the Administration of the Program and they are as follows: 1. WRCOG will budget no more than one percent (1%) of the TUMF Program revenue for administration salaries and benefits; 2. Administration costs will be budgeted at whatever is reasonable and necessary, but not to exceed four percent (4%) of the TUMF revenues (inclusive of the one percent administrative salaries and benefit cap). 3. Beginning July 1, 2006, WRCOG shall take the administrative component from the revenue collected based on the total fee obligation inclusive of executed credit agreements. 4 Beginning July 1 2006, all CFD's, SC1P and other financing mechanisms will pay the maximum (4°%) administrative component in cash to WRCOG. When the administrative component is less than 4% then the surplus revenue will be allocated in accordance to their adopted percentages to the Multi -species Habitat Conservation Plan, ROTC, RTA and the Zones. 5 For refunds, whether it is because the project is no longer going forward or expiration of building permits (where no construction has commenced), the applicant is entitled to a refund less the administrative component. X. Appeals. Appeals shalt only be made in accordance with the provisions of this Section X. A. Persons or Entities Who Having Standing to Appeal. No person or entity shall have standing to avail themselves of this Section X, except those persons or individuals who are responsible for paying the TUMF and have an unresolved appealable issue or matter. H:\SharedU. upe1WRCOG TUMF Administrative Plan (Adopted) 080408.DOC 15 96 B. Appealable Issues and Matters. No issue or matter shall be heard or reviewed under this Section X unless the issue or matter is appealable. An issue or matter is appealable, if a qualified person or entity ("Appellant') has a good -faith dispute directly related to Appellant's Property ("TUMF Dispute") regarding (i) the amount of Appellant's TUMF obligation; (ii) the administration of TUMF Credits; (iii) exemption of Appellant's property from the TUMF Program; (iv) administration of TUMF reimbursements; or (v) TUMF refunds. C. Appeal Process. 1. If a qualified person or entity has a TUMF Dispute; ;he or she shall first attempt to resolve the dispute informally with the staff of the local jurisdiction. if the TUMF Dispute remains unresolved after a reasonable attempt to address it at the local level, the qualified person or entity may submit a written appeal to the appropriate department of the local jurisdiction. The written appeal shall thoroughly identify the TUMF Dispute. If the staff of the local jurisdiction determines the issue or matter is not a TUMF Dispute, the written appeal shall be rejected. Staffs decision shall be provided in writing to the Appellant. In such cases, if the Appellant desires further review from the Board of Supervisors/City Council of the affected local jurisdiction, the Appellant must submit a written request for review to the Clerk of the Board/City Council within five (5) days of receiving staffs written decision. The decision of the Board/City Council shall be forwarded to the WRCOG Executive Committee in the same manner set forth in Paragraph 3 of this Section. 2. if the written appeal identifies a TUMF Dispute, the Appellant and staff from the local jurisdiction shall attempt to resolve the issue within thirty (30) days of the local jurisdiction's receipt of the appeal. At the request of the local jurisdiction, or on its own accord, WRCOG staff may also participate in such discussions. At the conclusion of the thirty (3o) day period, staff of the local jurisdiction shall render a written decision on the appeal. 3. The issue or matter shall be heard by the Board of Supervisors/City Council of the affected local jurisdiction; provided; the Appellant submits a written request for further review to the Clerk of the Board/City Council within five (5) days of Appellant's receipt of the local jurisdiction's written decision' regarding the Appellants appeal. The Board/City Council shall forward its written decision to WRCOG for review and concurrence. If the WRCOG Executive Committee disagrees with the decision of the City Council/Board of Supervisors the WRCOG Executive Committee shall determine a proper course of action and notify the jurisdiction of its findings. XI. Arbitration. When there is a dispute among the. Zone members that can not be resolved and prevents the adoption of a project prioritization schedule, the matter shall be forwarded to the WRCOG TAC and WRCOG Executive Committee for a determination. Once the WRCOG Executive Committee takes action on the issue the decision is final. if there is a dispute at the WRCOG Executive Committee level regarding project prioritization of a specific project(s) and a consensus cannot be reached, that project HASharechLupeIWRCOG TUMF Administrative Plan (Adopted) 080408:DOC 1$ 97 shall be tabled until such time as new information is presented and the matter can be resolved. XII. TUMF Program Amendments. WRCOG shall undertake a review of all components of the TUMF Program in accordance with AB 1600 and other applicable taws, and, if necessary, recommend Program amendments and/or adjustments. Amendments to the Administrative Plan will be subject to the approval of the WRCOG Executive Committee. Amendments required to the TUMF Program Ordinance shall be approved by each participating jurisdiction, acting on recommendations provided by the WRCOG Executive Committee. The review shalt consider whether future administration costs to participating jurisdictions are needed. XIII. CEO.A. The TUMF Program currently is a financing mechanism dependent on future actions of the WRCOG Executive Committee for improvements to the RSHA. WRCOG and its associated committees will be prioritizing and scheduling improvements on the RSHA, as such, the appropriate environmental documentation, shall be completed before a project can commence construction. The TUMF Program was developed to mitigate the cumulative impacts of future growth on the RSHA. It was not developed to mitigate project -specific traffic impacts. Accordingly the program does not relieve any development project of the responsibility to mitigate project -specific impacts identified in the environmental analysis prepared for the project. When a development project is required to construct RSHA facilities as project -specific mitigation, it shall be eligible for credit and or reimbursement. HASharedlL upeIWRCOG TUMF Administrative Plan (Adopted) 080408.DOC 98 17 EXHIBIT "A" TUMF Decision Making ZONE (Example of a single zone) WRCOG Executive WRCOG TAC PWC 4-'" Arterials of Regional Significance HASharedll.upelVVRCOG TUMF Administrative Plan (Adopted) 080408.DOC 99 Zone Improvements 18 • • EXHIBIT "B" TUMF Credit / Reimbursement Eligibility Process 1. Prior to the construction of any TUMF Improvement, Developer shall follow the steps listed below: a. Prepare a separate bid package for the TUMF -Improvements. b. The plans, cost estimate, specifications and contract document shall require all contractors to pay prevailing wages and to comply with applicable provisions of the Labor Code, Government Code, and Public Contract Code relating to Public Works Projects. c. Bids shall be obtained and processed in accordance with the formal public works bidding requirements of the City/County: d. The contract(s) for the construction of TUMF Improvements shall be awarded to the lowest responsible bidder(s) for the construction of such facilities in accordance with the City's/County's requirements and guidelines. e. Contractor(s) shall be required to provide proof of insurance coverage throughout the duration of the construction. 2. Prior to the determination and application of any Credit pursuant to a TUMF Improvement and Credit Agreement executed between City/County and Developer ("Agreement"), Developer shall provide the City/County and WRCOG with the following: a. Copies of all information listed under Item 1 above. b. Surety Bond, Letter of Credit, or other form of security permitted under the Agreement and acceptable to the City/County and WRCOG, guaranteeing the construction of all applicable TUMF Improvements. 3. Prior to the City's/County's acceptance of any completed TUMF Improvement, and in order to initiate the construction cost verification process, the Developer shall comply with the requirements as set forth in Sections 7, 14.3 and 14.4 of the Agreement, and the following conditions shall also be satisfied: a. Developer shall have completed the construction of all TUMF Improvements in accordance with the approved Plans and Specifications. b. Developer shall have satisfied the City's/County's inspection punch list. c. After final inspection and approval of the completed TUMF Improvements, the City/County shall have provided the Developer a final inspection release letter. d. City/County shalt have filed a Notice of Completion with respect to the TUMF Improvements pursuant to Section 3093 of the Civil Code with the County Recorder's Office, and provided a copy of filed Notice of Completion to WRCOG. e: Developer shall have provided City/County a copy of the As -Built plans for the TUMF Improvements. f. Developer shall have provided City/County copies of all permits or agreements that may have been required by various resource/regulatory agencies for construction, operation and maintenance of any TUMF Improvements. g. Developer shall have submitted a documentation package to the City/County to determine the final cost of the TUMF Improvements, which shall include at a minimum, the following documents related to the TUMF Improvements: FasharecniupewvecoG TUMF Administrative Plan (Adopted) 080408.DOC 19 100 i. Plans, specifications, and Developer's Civil Engineer's cost estimates; or Engineer's Report showing the cost estimates. ii. Contracts/agreements, insurance certificates and change orders with each vendor or contractor. iii. Invoices from all vendors and service providers. iv. Copies of cancelled checks, front and back, for payments made to contractors, vendors and service providers. v. Final lien releases from each contractor and vendor (unconditional waiver and release). vi. -Certified contract workers payroll for City/County verification of compliance with prevailing wages., A total cost summary, in spreadsheet format (MS Excel is preferred) and on disk, showing a breakdown of the total costs incurred. The summary should include for each item claimed the check number, cost, invoice numbers, and name of payee. See attached sample for details_ 4. The amount of the development credit shall not exceed the maximum amount determined by the most current unit cost assumptions for the RSHA in the adopted Nexus Study, or actual costs whichever is less. This shall be known as the maximum credit. The maximum TUMF credit shall be determined based on an approved Improvement Plan and after the Conditions of Approval have been determined. HASM1aredlLupe\WRCOG TUMF Administrative Pfau (Adopted) 080408.DOC 101 20 Exhibit "C" Guidelines for Administration of Programmed Projects in Zone's Adopted 5-Year TIP Once each Zone's 5-Year Transportation Improvement Program (TIP) is adopted by the WRCOG Executive Committee, said TIPs shall be incorporated into and governed by these guidelines, the Administrative Plan, and 10-Year Strategic Plan in accordance with AB 1600.' Annually, WRCOG staff meets with the Zone Technical Advisory Committees to review the status of all programmed projects on the 5-Year TIPs and bring the subsequent project adjustment requests to the Zone Committees for approval. The goals of the annual review process are as follows_ (i) to update project cost estimates; (ii) to review project status; (iii) to determine the continued viability of projects; (iv) review the backlog of reimbursement projects;(v) to address local jurisdiction issues; and (vi) address compliance with AB 1600. Adjustments: In accordance with the 10-Year Strategic Plan and the original reimbursement agreement entered into with the lead jurisdiction, all approved projects' funding and schedules are directly tied to critical milestones. As such, requests to change a project's funding or schedule shall necessitate an amendment to the original agreement and the adopted TIP. Annual 5-Year TIP adjustments could include, but are not limited to: • Scope of work reductions or additions, • project or phase delays, • project or phase cancellations, • new shelf -ready network projects being added as replacement projects, • project or phase advances, and ▪ request to transfer funding beyond a programmed project's limits within a Zone Levels of Approval: A. Zone Committee/WRCOG Executive Committee The following shall be approved by the Zone Committee and adopted by the WRCOG Executive Committee as required in the Administrative Plan: 1) Annual updates to the Zone TIP. 2) Requests to increase total TUMF funding allocations to projects in the Zone TIP. These requests may be made by the local jurisdiction administratively outside of the annual TIP update cycles if deemed necessary by one of the Zone participating jurisdictions and WRCOG management due to unforeseen circumstances that necessitate immediate action. Such unforeseen circumstances shall include, but not be limited to, higher than expected bid prices, Might want to give more examples] WRCOG staff will obtain action from the Zone Committee in these cases either by calling for a Special Zone Committee meeting or through individual consultation. HASharedhlupeIWRCOG TUMF Administrative Plan (Adopted) 080408.DOC 102 21 3) Administrative requests to advance funds or adjust project schedules on TIP approved projects, upon the recommendation of the Public Works Committee. Such advancements are subject to: ■ :Jurisdiction's proof of readiness to move forward with project, ■ Zone's current cash flow can support the advancement or change. B. WRCOG Executive Director The WRCOG Executive Director shall be responsible for the review and approval of the following changes to an approved Zone TIP, including the review and approval of any agreements, for. 1) Change in Lead Jurisdiction, with the written consent of the transferring and accepting Lead Jurisdiction. 2) Cancellation of project upon request of the local jurisdiction. In the event of cancellation, all funds shall revert to the Zone TIP Trust account. 3) Approval of final completion of the project. Upon notification from the Jurisdiction that the Project has been completed, all unused funds programmed for that Project shall revert to the Zone TIP Trust account. All other administrative requests, upon consultation with the Public Works Committee_ C. Public Works Committee The Public Works Committee shall be responsible for the review and approval of the following: 1) Requests to move funds within project categories (environmental, design, etc.) administratively, contingent upon participating jurisdiction's certification of viability of all phases. 2) Provide recommendations to the WRCOG Executive Director on any other requests that are deemed administrative in nature by the Director. All administrative adjustments' will be submitted to the WRCOG Executive Committee as part of the next Annual Review Report .for final adoption. D. Obligating Programmed Funds The TUMF Program has established the policy that construction projects take priority and therefore WRCOG limits the obligation of TUMF dollars. WRCOG has two options by which to obligate TUMF. In both options, steps 1, 2 and 3 (Option A) or 6 (Option B) must be completed by the local jurisdiction to ensure TUMF funding can be made available for use on an eligible project. Since TUMF project funds are generally obligated on a first come first served basis, failure to follow the prescribed steps for either option may preclude a project sponsor from receiving TUMF payments for completed work until sufficient funds are available to be obligated. HASharedtLupe\WRCOG TUMF Administrative Plan (Adopted) 080408.DOC 22 103 Option A: Funding for a project programmed on Zone 5-Year TIPS is not considered obligated by WRCOG until certain steps outlined below have been accomplished by the local jurisdiction. 1. Ensure that funding for the project phase is programmed in the current year of an adopted 5-Year TIP. 2. Ensure that there is a signed (executed) reimbursement agreement that matches the funding amount with the funding amount of the project phase in the adopted TIP. 3. Submit an invoice for TUMF eligible work prior to the end of the fiscal year to obligate the project phase funding. At the time of submitting the first invoice, the project sponsor will be required to submit all necessary supporting documentation (not previously submitted) in accordance with the provisions of the reimbursement agreement. 4. WRCOG will obligate the entire phase of the project if there is available revenue at the time the invoice is submitted. Option B; Funding for a project programmed on Zone 5-Year T1Ps is not considered obligated by WRCOG until the steps outlined below have been accomplished by the local jurisdiction. 1. Ensure that funding for the project phase is programmed in the current year of an adopted 5-Year TIP. 2. Ensure that there is a signed (executed) reimbursement agreement that matches the funding amount with the funding amount of the project phase in the adopted TIP. 3. Send WRCOG a letter of notice of intent to issue RFP, solicit bids, make offer to purchase ROW or other similar action to verify that sufficient funding is available and that funds are obligated and reserved exclusively for the particular project phase. 4. Receive a notice of obligation from WRCOG within fourteen working days of receipt of the notice of intent confirming the amount of funding that is obligated and reserved exclusively for the particular project phase. Alternatively, the project sponsor will receive a notice of deferred obligation if WRCOG determines that insufficient funds are currently available for the project phase to be obligated. 5. Award the project and execute a contract within four months of receipt of the notice of obligation from WRCOG and send a letter of confirmation of award to WRCOG including evidence of a Board/Council action relating to the project award and contract execution. 6. Commence project work and submit the first invoice for payment within nine months of receipt of letter of obligation by WRCOG to preserve fund obligation. At the time of submitting the first invoice, the project sponsor will be required to submit all necessary supporting documentation (not previously submitted) in accordance with the provisions of the reimbursement agreement. tf a contract has not been executed within four months of receipt of the notice of obligation from WRCOG (step 5), there will be a review of the project status. Based on the review of project status, WRCOG will either. i) extend the fund obligation for up to a total of nine months from the notice of obligation if the project sponsor can demonstrate a realistic expectation that the project will be awarded and a confirmation of award can be provided to WRCOG within that time frame; or ii) de -obligate the funds. HASharedlLupetWRCOG TUMF Administrative Plan (Adopted) 080408.DOC 104 23 Similarly, if the first invoice has not been submitted to WRCOG within nine months of receipt of the letter of obligation (step 6), there will be a review of the project status. Based on the review of project status, WRCOG will either i) extend the fund obligation for up to an additional nine months if the project sponsor can demonstrate a realistic expectation that the project work will commence and a first invoice is submitted within that time frame; or ii) de -obligate the funds. HASharedlLupeIWRCOG TUMF Administrative Plan (Adopted) 080408.DOC 105 24 AGENDA ITEM 11 . . g • , g, - RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: August 25, 2008 TO: Budget and Implementation Committee FROM: Shirley Medina, Programming and Planning Manager THROUGH: Cathy Bechtel, Project Development Director SUBJECT: Measure A Regional Arterial Program Update STAFF RECOMMENDATION: This item is for the Committee to: 1) Receive and file an update on the Measure A Regional Arterial (MARA) program; and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: Staff has been working with the Western Riverside County Technical Advisory Committee (TAC) members in reviewing and evaluating projects submitted for 2009 MARA program funds. Staff anticipated presenting programming recommendations to the Commission at the September 2008 meeting. However, the outcome of the 2008 state budget negotiations could have a significant impact on transportation funding if Proposition 42 funds are redirected or borrowed to resolve budget issues. If this occurs, currently funded projects 'in the State Transportation Improvement Program (STIP) could be at risk of losing funds or delayed. Therefore, staff recommends waiting for the passage of the state budget to analyze the impacts before proceeding on committing additional funds to projects. The Commission anticipates presenting a recommendation for the MARA program of projects in December 2008. Regardless of the outcome of the state budget on transportation funding, staff is supportive of funding ;projects that are ready for construction. At its July 9, 2008 meeting, the Commission approved $2 million for the city of Lake Elsinore's State Route 74/Interstate 15 interchange project, which was ready for construction. The ,project was advertised on July 16, 2008. Staff has informed local agencies that submitted projects for MARA funds to notify the Commission if their project(s) advances to the construction stage prior to approval of the .MARA program of projects for funding consideration. Agenda Item 11 106 Following is an overview of the MARA call for projects: October 2007 December 2007 March 2008 April - June 2008 July 2008 Commission approved guidelines and released call for projects for $300 million. 35 projects were submitted, totaling $660 million. Staff revised MeasureA revenue projections as a result of the downturn in the economy and informed Commission that TUMF Regional Arterial program revenues, project' costs, and schedules were being re-evaluated. Commission/WRCOG staff collected updated project costs and. schedules of TUMF projects to ensure the viability and deliverability of the TUMF program. Staff also worked with Western County TAC members to complete MARA project rankings based on ,evaluation criteria and updated schedules. Commission approved $2 million MARA funding for. take Elsinore's SR-74/I-15 interchange improvement project. Staff presented updated project schedules/ranking to Western County TAC members for discussion/input purposes. December 2008 Estimated date of MARA program recommendations. Agenda Item 11 107 RIVERS/DE COUNTY TRANSPORTATION COMMISSION DATE: August. 25, 2008_ TO: Budget and Implementation Committee FROM: Edda Rosso, Capital Projects Manager Erik Galloway, Bechtel Project Coordinator Richard Bryan, Bechtel Perris Valley Line Design Manager THROUGH: John Standiford, Deputy Executive Director SUBJECT: Agreement .with Burlington NorthernSanta Fe Railway to Provide Railway Flagging Services for the Perris Valley Line' Project During Preliminary and Final Engineering STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve Agreement No. 09-33-013-00, with Burlington Northern Santa Fe (BNSF) Railway to provide railway flagging services for the Perris. Valley Line 1PVL1 project during environmental, preliminary engineering, and potential final engineering design; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3► Authorize the Executive Director, pursuant to legal counsel review, to approve amendments for potential additional work to the BNSF agreement from a general contingency fund in the amount of $40,000; and 4) Forward to the Commission for final action. BACKGROUND INFORMATION: At its September 12, 2007 meeting, the Commission awarded Agreement No. 07-33-123-00 to STV :Incorporated (STV) to provide planning, environmental, and preliminary engineering service for the PVL project. STV has commenced the environmental and preliminary engineering services for the project. This work requires STV to enter the railroad right-of-way to perform environmental and geotechnical soil sampling and field survey of the railroad tracks. The field work to be performed by STV will require the use of vehicles, equipment, and personnel that will cross the tracks and that have the potential to foul (block or fall upon the railroad tracks) the rail. BNSF requires, per the shared use agreement Agenda Item 12 108 entered on October 30, 1992, that a BNSF flagger be present during the performance of any work that has the potential to foul the tracks. The BNSF flagger has direct contact with the train's engineer and can alert them to the work being performed and control the movement of the trains through the work zone. This provides a safe and secure area for STV's field crews to work and reduces the potential for conflicts between the field crews and the train movements. BNSF requires that only trained BNSF employees perform flagging and will not allow - outside consultants to perform the work. On March 24, 2008, the Commission issued Purchase 'Order (PO) No. 2965=01 in the amount of $25,000 to ,BNSF to provide BNSF flagging services for the PVL: This PO was subsequently amended on August 14, 2008, to increase the amount an additional $25,000. The PO and its amendment were issued so that the project would not be delayed during the development of the flaggingagreement between the Commission and BNSF. This agreement will provide an additional $110,000 to cover the remaining work. The typical cost for a BNSF flagger is $1,000 per day, therefore this agreement will provide approximately 110 days of flagging during the environmental and preliminary and final engineering design work performed by STV and its subconsultants. A contingency amount of $40,000, approximately 40 days, will be established to address the potential need for additional flagging services beyond what is currently anticipated. Financial Information In Fiscal Year Budget: Yes Year: FY 2008/09 Amount: $150,000 Source of Funds: ; Rail Measure A Budget Ad ustment: No GLA No.: 221 33 65520 P3800 Fiscal Procedures Approved: Date: 08/15/08 Agenda Item 12 109 RIVERSIDE COUNTY TRANSPORTATION COMM/SS/ON DATE: August 25, 2008 TO: Budget and Implementation Committee FROM: Robert Yates, Multimodal Services Director THROUGH: John Standiford, Deputy Executive Officer SUBJECT: Universal Call for Projects Jobs Access Reverse Commute and New Freedom Call for Projects Grants STAFF RECOMMENDATION: This item is for the Committee to: 1) Award Agreement No. 09-62-018-00 to the Coachella Valley Association of Governments (CVAG) for the Homeless 'Bus Pass Program in the amount of $76,932 in Jobs Access Reverse Commute (JARC) grant funds; 2) Award Agreement No. 09-62-019-00 to Desert Samaritans for the Elderly for the Last Resort transportation program in the amount of $31,807 in New Freedom grant funds; 3) Award the Commission $24,502 in JARC grant funds for the Coachella Valley Rideshare program; 4) Award Agreement No. 09-62-015-00 to SunLine Transit Agency (SunLine) for the Coachella TRIP program in the amount of $ 143,133 in New Freedom grant funds;" 5) Award Agreement No. 09-62-016-00 to SunLine for the Extended Night/Guaranteed Service program in the amount of $245,020 in JARC grant funds; 6) Authorize the Chair, pursuant to legal counsel review, to execute agreements on behalf of the Commission; 7) Approve up to $427,961 of additional Western Riverside County Measure A Specialized Transit funds to the applicable Western County Specialized Transit providers identified in Attachment 2; 8) Authorize the Executive Director, pursuant to legal counsel review, to extend the applicable Western County Specialized Transit provider contracts identified in Attachment 2 through December 30, 2008, to accommodate additional time for a staff recommendation and award of the Western County Universal Call for Projects grant funds; and 9) Forward to the Commission for final action. Agenda Item 13 110 BACKGROUND INFORMATION: At its April 2008 meeting, the Commission approved the Coordinated Public Transit — Human Services Transportation Plan, which then made the Commission eligible to receive certain types of federal funding such as JARC and New Freedom funds. Additionally, with the approval of the Coordinated Plan, the Commission also adopted a strategy for developing and conducting a Universal Call for Projects for both the Coachella Valley and Western County using the JARC and New Freedom funds. The Western County portion of the Universal Call for Projects as approved, also includes specialized transit services to be funded through Measure A. The Universal Call for Projects proposals were submitted to the Commission on June 16, 2008 with an evaluation period that continued through August 5, 2008., The evaluation panel consisted of citizen members, partner agencies and Commission staff. The scoring criteria were developed from the goals and objectives analysis that was generated during the development of the Coordinated Plan. Following the initial evaluation, some project proponents were then invited to appear before the evaluation panel to defend their proposals with the scores and ranks of the applications revisited by the panel for the last time. DISCUSS/ON: The Coordinated Plan approved by the Commission identifies a breadth of specialized transit needs, which staff believes can only be met through the award of a wide range of projects operated by a wide range of providers. This belief coincides with the spirit and intent of the federal circulars defining the use of JARC and New. Freedom grant funds. The staff recommendation for the Coachella Valley area includes a two-year :award to all applicants except for the ADA Extended Night Service proposal from SunLine. Specifically, to pay for ADA complementary paratransit service for the additional hours of an expanded fixed -route service is not an eligible expense as cited via Federal Transit Administration Circular 9045.1, May 1, 2007 , p III-8 Section 111- 11(a)(1), which identifies eligible public transit activities that may be funded with New Freedom funding for "New Public Transportation Services Beyond the ADA". As such, the ADA service application was deemed ineligible. SunLine is however recommended for an award for the Coachella TRIP program as well as the Extended Night/Guaranteed Ride program. Lastly and with regard to the award of Coachella Valley projects, since the Southern California Association of Governments (SCAG) is still refining the final apportionment numbers for the JARC and New freedom funds, the grant awards as recommended herein may be subject to minor changes that will be reflected in the final agreement amounts. Agenda Item 13 111 " While a staff recommendation for the award of projects in the Coachella Valley is included with this report and Attachment 1 to this report identifies the Coachella Valley requests as well as the recommended award amounts, the circumstance surrounding the Western County applications is more complex. With the submission of proposals on June 16, it became clear that for Western County, twice as much funding was requested as compared what was available. Given this situation and prior to making a funding recommendation, staff requested additional information from the current providers as well as new applicants. This request was deemed necessary in order to supply staff with additional financial and operating information that would enable staff to present a solution that identifies and prioritizes the need in conjunction with the amount of funding available. This process would also provide staff with a platform in which to begin negotiations with the applicants. This negotiation beyond a simple evaluation was deemed necessary in order to deal with the over -subscription of funds by project applicants. The downside to this process is that more time is now required to complete the approval process. Given the evaluation process and the need to identify negotiated solutions to the funding requests, staff is recommending that one additional interim quarterly extension and funding allocation be approved for current Western County providers. This is to ensure that services can continue without disruption during the final negotiation of the Western County proposals. For FY 2007/08, the Commission funded 14 Specialized Transit service providers through Measure A. The agreements which were originally approved in 2006 expired on June 30, 2008. Prior to their expiration, the Commission at its June 2008 meeting approved a staff recommendation that extended the term of the agreements to September 30, 2008. The recommendation conditioned the extension and allocation of additional funds for service directly to the submittal of a Universal Call for Projects application by a current provider on or before the June 16, 2008 deadline. There are 12 providers as identified on Attachment 2 that meet the criteria. The interim funding amount for those 12 providers is $427,961 and is included in the FY 2008/09 budget. In summary, staff is working toward bringing a Western County recommendation for award of the JARC, New Freedom, and Measure A Specialized Transit funds to the Commission at its October 2008 meeting. Next steps upon receiving Commission approval will be the development of contracts for Coachella Valley providers and amendments for current Western County providers. Agenda Item 13 112 Financial Information In Fiscal Year Budget: Yes Year: FY 2008/09 Amount: $427,961 Source of Funds: Measure A Specialized Transit Budget Ad ustment: No GLA No.: 225 26 86101 $427,961 106 62 41409 $ 24,502 106 62 86101 $ 24,502 Fiscal Procedures Approved: \14��atevz Date: 08/15/08 Attachments: 1) Coachella Valley Request and Award Summary 2) Measure A Provider Interim Funding Summary Agenda Item 13 • 113 Coachella Valley- JARC Scores Riverside County Transportation Commission 90.7 SunLine Transity Agency (Extended Night/Guaranteed Service) 89.8 Coachella Valley Association of Governments 81,0' Riverside County Transportation Commission SunLine Transity Agency (Extended Night/Guaranteed Service) Coachella Valley Association of Governments Coachella Valley • New Freedom Scores 90.7 89.6 81,0 Scores SunLine Transity Agency (Coachella TRIP) 91.6 SunLine Transity Agency (Extended Night/Guaranteed Service) 89:6 Desert Samaritans for the Elderly 64,5 SunLine Transity Agency (Coachella TRIP) SunLine Transity Agency (Extended NighUGuaranteed Service) Desert Samaritans for the Elderly Scores 91,6 89:6 64.5 JARC Cps Capital $12,500 $125,000 $32,000 _ $7,248 JARC Ops Capital $12,500 $125,000 $32,000 $7,248 Cumulative >.Available Totals Funding Difference $0 $12,500 $137,500 $176,748 $176,748 Cumulative Totals $0 $12,500 $137,500 $176,748 $176,748 $180,156 Two year available: $346,453 New Freedoms Cumulative Available Ops Capital Totals Funding $90,000 $90,000 $20,000 New Freedoms Ops Capital $90,000 $20,000 $90,000 $110,000 $110,000 Cumulative Totals $90,000 $90,000 $110,000 Avarlatsle";: F Adin9:' $110,000 ;$90,844;` Two year available: $174,940 114 10,4,54 $3,40$ :" 25:g04 1.9,1 sa is 8/20/2008 l 1N3 W HJb'11V RIVERSIDE COUNTY TRANSPORTATION COMM/SS/ON DATE: August 25, 2008 TO: Budget and Implementation Committee FROM: Robert Yates, Multimodal Services Director THROUGH: John Standiford, Deputy Executive Officer SUBJECT: Agreement with AMMA for the Provision of Additional Transit Support Services STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve Agreement No. 08-26-115-01, Amendment No. 1 to Agreement No. 08-26-115-00, with AMMA to provide technical support services for an additional $100,000 related to the delivery of the Coordinated Plan, Universal Call for Projects, and the provision of general transit analysis services; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3) Approve a budget amendment of $100,000 for an increase in professional service expenditures; and 4) Forward to the Commission for final action. BACKGROUND INFORMATION: At its April 2008 meeting, the Commission approved the Coordinated Public Transit - Human Services Transportation Plan, which then made the Commission eligible to receive certain types of federal funding such as Jobs Access Reverse Commute (JARC) and New freedom funds. Additionally, with the approval of the Coordinated Plan, the Commission also adopted a strategy for developing and conducting a Universal Call for Projects which also includes Specialized Transportation Services to be funded by Measure A. Due to the limited experience of the region in the application for and use of these new funds, AMMA was hired under a single signature contract, Agreement No. 08-26-115-00 in the amount of $29,977, to assist the Commission in the provision of technical support for the Coordinated Plan and the Universal Call for Projects processes. Agenda Item 14 116 DISCUSSION' The Universal Call for Projects proposals were submitted to the Commission on June 16, 2008 with an evaluation period that continued through August 5, 2008. AMMA has been assisting both the Commission and proposers during this time with the provision of technical support on issues of eligibility and rules, interpretation as well as the facilitation of the overall evaluation process. Given the level of technical assistance in the preparation of proposals requested by applicants during the call for projects, staff is expecting to experience a similar level of need as implementation of the approved projects begins. Issues such as federal reporting by recipients who lack experience in working with the federal requirements, working vvith the pass through of the funds from the Southern California Association of Governments (SCAG), which will occur under a separate and previously approved memorandum of understanding, project invoicing, and technical rules interpretation will be on -going for the near term as recipients ramp up its knowledge base and begin service provision. Additionally, due to Commission staff transition, AMMA's technical knowledge of transit issues is also crucial to maintaining the high quality of staff work. Accordingly, staff is recommending with this report that AMMA's contract be extended for a period of six months, the scope of work increased as identified on the attachment and its contract value increased by $100,000 to a total not to exceed amount of $129,977. Financial Information In Fiscal Year Budget: No Year: FY 2008/09 Amount: _ $100,000 Source of Funds: Measure A and LTF Budget Ad ustment: Yes GLA-No.: 225 26 65520 $50,000 106 62 65520 S50,000 Fiscal Procedures Approved: Dater Attachment: Draft Amendment with AMMA Agenda item 14 117 Agreement No. 08-26-115-01 AMENDMENT NO.1 TO THE AGREEMENT FOR CONTRACT ASSISTANCE FOR FTA SECTION 5310 SERVICES WITH AMMA 1. PARTIES AND DATE This Amendment No. 1 to the Agreement for Contract Assistance for FTA Section 5310 Services is made and entered into as of this day of , 200_, by and between the 'RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("Commission") and AMMA. ("Consultant"). 2. RECITALS 2.1 The Commission and the Consultant have previously entered into Agreement No. 08-26-115-00 dated May 27, 2008 for the purpose of providing contract assistance for the processing of FTA 5310 grants applications. 2.2 The parties now desire to amend the Master Agreement in order to revise the Scope of Services, to include the provision of 3. TERMS 3.1 The Scope of Services for the Master Agreement shall be amended to include additional tasks for the provision of transit support services related to the delivery of the Coordinated Plan, Universal Call for Projects and the provision of general transit analysis services, all as more fully described in Exhibit "A" attached to this Amendment and incorporated herein by reference. 3.2 The term of the Master Agreement shall be extended for a period of six months resulting in a revised Contract Completion date of April 30, 2009. 3.3 The maximum compensation for Services performed pursuant to this Amendment shall be $100,000, as further set forth in Exhibit "B" attached to this Amendment and incorporated herein by reference. 3.4 Except as amended by this Amendment, all provisions of the Master Agreement, the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. R V PUBU-1 SHANE1714371.1 1 118 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date first herein above written: RIVERSIDE COUNTY [insert name of Consultant] TRANSPORTATION COMMISSION By: Jeff Stone, Chair Signature APPROVED AS TO FORM: By: Best, Best & Krieger LLP General Counsel RVPUB\H SHANE\714371.1 Name Title 119 EXHIBIT "A" SCOPE OF SERVICES Scope of Work for Technical Assistance On Transit Issues and Universal Call for Projects/ Coordinated Plan Program Implementation Specifically, assistance is offered in three general areas: • First, to continue to augment staffing so as to ensure RCTC's commitment to successful; conclusion of the Universal Call for Projects application and award phase, and to move into program implementation of the specialized transportation program. - • Secondly, to provide analytic support that extends the capabilities of _ RCTC personnel in conducting current business with the County's public transit operators. • Thirdly, to assist with some particular activities which may include updating the SRTPs, supporting RCTC's oversight role on the two statewide awards from Caltrans (the Hope Bus and the Blythemobility manager), restructuring transit advisory groups, assisting with the annual unmet needs process and participating in some early shaping of RCTC's implementation of its Transit Vision. SCOPE OF WORK ACTIVITIES The efforts outlined above are generally detailed here in relation to six tasks. Descriptions of each follow and a budget is presented as Exhibit 1, at the end of this subsection. Task 1 - Conclusion of Universal Call for Projects' / Awards Processes The Universal Call for Projects for Job Access and Reverse Commute (§ 5316), New Freedom (§ 5317) and Measure A has been successful in that it generated 26 projects requesting funding that was about equivalent to the dollars available in the Coachella Valley and were almost double that available in Western Riverside. RCTC did write a contract with A-M-M-A to bring the agency and applicants completely through the grant award process, including preparation on final reports. The task proposed here does involve some assistance on final activities in closing out the Call due to the fact that A- M-M-A resources were used early in this process to prepare two Rural/Small Urban grants (the Hope Bus and the Blythe mobility manager grant) for FY 06 JARC and New Freedom funding requests to Caltrans. 120 This task then anticipates some close-out assistance to staff in reporting and documentation of the grant review process. It anticipates considerable assistance around negotiations with the applicants and development of contracts that will be acceptable to RCTC and the applicants and conform with applicable Federal law. Task 2 — Implementation of Coordinated Plan/ Universal Call Program Concurrent with the activities of Task 1, .closing out the Universal Gall application and contract negotiation process, is the launching of the program itself. Specifically, A-M-M- A support is proposed in relation to review and refinement of the reporting tools to reflect the range of projects participating, as called for in the Coordinated Flan. This will include the planning and conduct of initial Universal Call workshops for all successful applicants, anticipating that one will be held in Western Riverside and one in the Coachella Valley. The design of these start-up workshops will help to shape efforts countywide to strengthen and develop relationships between the grantees in support of future coordination efforts. Some early reporting on Universal Call projects undertaken is anticipated, following the recommendation of the Coordinated Plan for a preliminary six-month report on the Call implementation. This speaks to the shaping of reporting by the grantees in order that they will collect and supply that information in a sufficiently timely way to make such reporting possible: Additionally;' there may be some unanticipated issues around implementation where additional technical assistance will be helpful. Recent issues included: eligibility of selected projects or functions within projects; the ability of the transit operators to count project funding as farebox and other human services agency questions surfacing Such technical assistance to research other or related issues is offered not only to RCTC staff but to the grantee, agencies as well. Task 3 — RCTC Oversight of Ca!trans Statewide § 5316 and § 5317 Awards in Riverside County Riverside County was awarded two projects in the April 2008 grant process for Rural and Small Urban areas for § 5316 and § 5317 funding. This task anticipates a modest level of support to the partner agencies around the Hope Bus project in the Hemet area and to Palo Verde Valley Transit mobility manager for Blythe. Such assistance may involve participation in initial planning meeting(s) and ongoing telephone support to any of the various players involved which include; RTA, Hemet office of Dept, of Public Social Services, central office of DPSS, Care -A -Van, Palo Verde Valley Transit and the TRIP program. 121 Task 4 — Support to RCTC Staff with Transit Planning Functions This task anticipates support to RCTC transit personnel around any number of possible areas, with several identifiable at this time. During the initial months of this Call, such areas may include assistance and support around analysis of state statue and requirement related to transit operator reporting, to analysis of their operating expense in relation to revenues as for example with regard to rising fuel costs, and to other special areas of inquiry. One in particular may involve activities in support of the Transit Vision process, with those to be detailed as they emerge. This task though provides staffing support that will enable RCTC transit personnel to plan for and undertake key efforts. Tools may prepared, such as cost analyses,. work scoping for competitive consultant assistance or other written products that will extend RCTC staff capabilities. In the first two months of this effort, weekly meeting with "staff are anticipated to further identify and refine these activities. Task 5 - RCTC Transit Operators/ Citizens Advisory Group Meetings As a component of its Transit Visioning process, RCTC staff anticipate developing a transit operators working group and potentially reviewing and reformatting the existing Citizens Advisory Committee. Both groups stand to play critical roles in forming and strengthening a fabric of transit resources for Riverside County. But to garner the greatest benefit of these groups, both for the participants and for RCTC, some revisiting of the structure, mission and membership is indicated. Building upon significant experience in staffing similar groups in various counties in Southern California and elsewhere, A-M-M-A proposes to work with RCTC staff to design the role and function of these advisory groups, to introduce to them the direction that is most consistent with RCTC purposes and to assist RCTC personnel during this transitional period in conducting these meetings. Two meetings of each group —, essentially quarterly — are proposed. Prior to that however, we will work with RCTC staff on developing a rationale and necessary written materials to describe those for a restructuring of these advisory bodies. Task 6 — Support Annual Unmet Transit Needs Hearing Process We propose to assist RCTC, either by taking the lead or by supporting staff in the conduct of the Palo Verde Valley unmet transit needs public hearing. Subsequent activities will include documenting the hearing testimony, and performing the necessary analysis to determine whether there are unmet transit needs that are reasonable to meet. Necessary written materials to support any recommendations to RCTC with regards to such needs will be prepared. 122 " EXHIBIT "B" Compensation and Time The total reimbursable cost of Amendment No 1 will be $119,976.52 and includes a six (6) month time extension to the Contract term. The revised Contract Completion Date will be April 30, 2009. Exhibit 1, A-M-M-A Transit Planning Technical Assistance to RCTC On Transit Issues and Universal.CaW Coordinated Plan Program ..:Implementation ratan ann., - Dennis Meeks. daann. a Rey a1.uRiM.. v.ma eeeuyxmw, 506.116 vans*, o.a Be*.. fixed-n*0 Mynah" - halm sashimw Task 1 Conclusion of Universal Call for Prefects Awards Process 1.1 Carnpies award documentation process with RCTC staff. 12 Assist RCTC with contract negotiations witn awarded projects. -Task 2 Implementation of Coordinated Plan/ Universal Call Program - 2.1. Revised reporting tams to comply with Universal Ca95316 & 5317 requirements. 22 Assist staff in designing and conducting kick-off meetings (2) (W. Rv; Coadretia) 23 Receive and analyse quarterly reports from provides. . 2.4 Prepare initial str-month report to RCTC board. 2.5 Research key issues as they emerge, assist staff in determining program deeclion Task 3 RCTC Oversight of Coltrane Statewide 5316 & 5317 Awards to Riverside County (2) 3.1 Participate in planning meetings with Hope Bus and Blytim partners 33 Assist Mplect partners. as requested, With Implementation issues. Task Assetst RCTC Mart with tranik-nitamkw functions: :.. 4.1 Provide back-up analytic support around assigned topics. 42 Participate in SRTP update and prepare budget impbcations for potential charges 43 Assist with armhole of operators* budget-to-rmenue, for near -term and longer bent. 4.4 Assist with special analyses as drecmd 4.5 Support RCM staff In preparing necessary tools. such as RFP Scope of work 46 Schedule and attend RCM staff meetings, weeidy (Aug -Sept; biweeidy there -after) Task 5 RCTC Transit Operators! Citizens Advisory Group Meetings 5.1 Planning with Rare stall around ratiaale, approach meeting coneanfer transit operators TAC and for contentmembaship, mission of Citizens AdvIsay Group. 52 Assist staff in 2 trask TACmeetirgs. 5.3 Assist staff n camN[tng 2 Citizens Advisory Committee meetings. Task Assist RCTC stall with unmet needs tearing process 6.1 Assist with updating hearing process notification and updating mailing 1st 62 Participate in hearing - 63 Prepare anemia of menet needs and assess needs for reasonable-baneet 72 80 40 225 80 28 40 40 lee 40 re.raxp acrnru/swpe+tReuner approved by RCTnxae. Direct Expenses Hourly Base Ras Mating Expense $281 A-khM-A Benefits/ a Printing Expense $400 - @65%. MiggelTravel Expense $2.000 Barden* H....r Rxa Misc. Meeting Expense $300 52,981 Labor Costs by Person 79.00 51.00 ties 130-00 $68.250 220 35.00 22.75 asx 57.75 $12.705 TOTAL ALL COSTS $125 $143 $4,000 $4,575 $154 3Z" 17 $80 123 AGENDA ITEM 15 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: August 25, 2008 TO: Budget and Implementation Committee FROM: Jerry Rivera, Motorist Assistance Manager THROUGH; Theresia Trevino, Chief Financial Officer SUBJECT: Fiscal Year 2009-13 Measure A Five -Year Capital Improvement Plan for Local Streets and Roads for the City of Canyon Lake STAFF RECOMMENDATION: This item is for the Committee to: 1,) Approve the FY 2009-13 Measure A Five -Year Capital Improvement Plan (CIP) for Local Streets and Roads for the city of Canyon Lake as submitted; and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: The 'Measure A Ordinance requires each recipient of local streets and roads •monies to annually provide to the Commission a five-year plan on how those funds are to be expended in order to receive its Measure A disbursements. In addition, the Coachella Valley and Western County cities and the county must be participating in either the Coachella Valley Association of Governments (CVAG) or Western Riverside Council of Governments (WRCOG) Transportation Uniform Mitigation Fee (TUMF) program. The agencies are required to submit the annual certification of maintenance of effort (MOE) along with documentation supporting the calculation. On March 18, 2008, Commission staff provided the local agencies with Measure A revenue projections for local streets and roads to assist them in preparation of the required Five -Year CIP. The agencies were asked to submit their CIP's by May 12, 2008 for submission to the Commission on June 11, 2008. The Commission has previously approved the plans for all but three cities. Staff has received the CIP from the city of Canyon Lake and is requesting Commission approval of its Plan. The other two cities have been informed that no disbursement of Measure A funds for local streets and roads will be made until all of the required documents have been received and approved by the Commission. Attachment: Measure A Capital Improvement Plan for Canyon Lake Agenda Item 15 124 098 000`9 9uldtr4S 28 `uoPEoutpow p uaIS Itituagrm luatuaoeidal waruaxed peon uoAuea pr'osireu jo uluapTAk ptre uopemuqutiaNi 1 (s.000$) sPund d a ms-eaw (s.000$) lsoo mod, adk, wa('oid sItrurl / aureN laa(oid 11103I oN 800Z/£1/9 11099-£fi6 (i 26) VoTT01A1 gigBH arel uwareo;o .C;Io £ IOZ - 600g "LI Yllid` Ogcr GUYONI QNV &mau is 7N007 „ v„ aansviit NOISSIWWOO NOI,LVI iOd AIVUL.LLNIIOO aarssa a • :a2vQ :# auotjd :Aq pareda-rd i Jo I aid :.CouGWV " " " AGENDA ITEM 1' 6. " " " RIVERS/DE COUNTY TRANSPORTATION COMMISSION DATE: August 25, 2008 TO: Budget and Implementation Committee FROM: Aaron Hake, Government Relations Manager THROUGH: John Standiford, Deputy Executive Director SUBJECT: State and Federal Legislative Update STAFF RECOMMENDATION: This item is for the Committee to: 1) Receive and file an update on the State and Federal Legislation; 2) Adopt the following bill positions: a) H.R. 6052 (Oberstar) / S. 3380 (Clinton) — MONITOR; b) H.R. 6532 (Rangel) — MONITOR; c) H.R. 6003 / S. 294 (Lautenberg) — MONITOR; and 3) Forward to the Commission for final action. BACKGROUND INFORMATION: State Update Commission Legislation Nears Governor's Desk AB 1954 (Jeffries), the Commission's 'bill to authorize high -occupancy toll (HOT) lanes on Interstate 15 was approved by the Senate Appropriations Committee by'a 9-2 vote on August 4. Senator Dennis Hollingsworth (R-Murrieta) will present the bill on the full Senate floor any day now. AB 1954 will then go to back to the Assembly floor for a concurrence vote to adopt the amendments that were added to the 'bill in the Senate this summer. This vote must take place by August 31. After final Assembly approval, AB 1954 will be sent to Governor Schwarzenegger. Complicating matters is the Governor's declaration to not sign bills until the Legislature completes a budget. It remains to be seen if the Governor will follow through on this 'threat and begin to veto bills, or what other approaches the. Legislature may take to prevent bills from being returned by the Governor without. his signature. Budget politics aside, the 'Governor is likely to view AB 1954 favorably. Agenda Item 16 126 SB 1316 (Correa), the Commission and Orange County Transportation Authority's (OCTA) joint legislation regarding State Route'91 improvements is on a similar path as AB 1954. The full Assembly unanimously approved SB 1316 on August 12 and is scheduled for a concurring_ vote by the full Senate any day now. It will then be forwarded for Governor Schwarzenegger's consideration. As with AB 1954, signs are positive that the Governor is supportive of SB 1316. Still No State Budget With the summer nearly over, the state of California remains without a budget for FY 2008/09. The Governor has signed an executive order ,reducing all state employees to minimum wage and has threatened to not sign bills until there is a budget agreement.. The Legislature continues its regular business of debating bills according to pending legislative deadlines. While Senate Pro-Tem Don Perata (D-Oakland) has declared that he opposes raiding Proposition 42 transportation funds, the California. transportation community remains on guard against last-minute maneuvers that could jeopardize gas tax dollars that are already committed to transportation projects. The Commission has been communicating to local and state leaders regarding the $208 million at risk for Riverside County projects if Proposition 42 is suspended. Federal Update FY 2009 Appropriations Stall In July, the Senate Appropriations Committee unveiled its spending legislation for FY 2009, which includes $50 million for the Perris Valley Line (PVL) Metrolink extension. This funding ,matches the Bush Administration's request for the PVL. Senators Feinstein and Boxer were the sponsors of this funding and mark the third year in a row that Senator Feinstein has championed funding for this project. The House Appropriations Committee has ,yet to move forward on its spending- bill for transportation. That committee has been mired in partisan gridlock inrecent months, after Republican maneuvers to insert language in support of domestic oil drilling into appropriations bills. It is not expected that much progress will be made in appropriating FY 2009 funds until the next Congress and new 'President are sworn -in in .January. Any funds for the PVL will not be available until a final appropriations act is signed by the President. Commission staff and lobbyists will continue to rnonitor the status of the appropriations process. Agenda Item 16 127 Second Economic Stimulus Package Gould Include Infrastructure Spending Speaker 'Nancy Pelosi- and Senator Robert Byrd (D-WV) are 'pushing for a supplemental appropriations bill to be taken up by both chambers of Congress when it returns from the August recess., This supplemental act would be considered a second economic stimulus package, following the rebate checks issued earlier this year. Democrat leaders are pushing for infrastructure spending to be part of the stimulus package, an idea that came up during negotiations in the first stimulus bill; but was deferred to a potential follow-up bill such ,as what is being considered ;now.: Details: are few on what types of investments would be considered for an infrastructure stimulus; however, the emphasis will be on investments that create jobs. Republican Congressional leaders and the President are opposed to infrastructure being included in a stimulus package, as they have stated that infrastructure does not yield enough of a near -term benefit to the economy. This discussion will develop further in the fail as the general election nears. H.R. 6052 (Oberstar) / S. 3380 (Clinton) — "Saving Energy through Public Transportation Act of 2008" — Recommended Position: Monitor H.R. 6052 by House Transportation and Infrastructure Committee Chairman Jim Oberstar (D-MN) would provide $1.7 billion over two years to transit operators to help pay for the increased costs of energy, reduce fares, and provide additional transit service. The bill has been passed by the full House of Representatives and will now be considered in the Senate in the form of Senator Hillary Rodham Clinton's (D-NY) S. 3380. According to the House Transportation and Infrastructure Committee, these bills would authorize the following funding amounts for transit in Riverside County for FEY 2009: Riverside -San Bernardino $9,608,984 Indio -Cathedral City -Palm Springs $1,216,442 Temecula-Murrieta $1,007,678 Hemet $ 651,608 While these funds would be authorized under H.R. 6052 and S. 3380, Congress would have to make appropriations before the money would be available for expenditure for local projects. As previously mentioned, the current appropriations process is stalled. Also, these additional transit funds are outside of the budget that Congress has already agreed to for FFY 2009. Agenda Item 16 128 Although the bills would provide several million dollars for transit in Riverside County, given that time is winding down on this Congress and the fiscal challenges facing Washington, staff recommends a MONITOR position on the bill. H.R. 6532 (Ranged -Fixing" the Highway Trust Fund — Recommended Position: Monitor This bill provides a one-time fix to the shortfall that is beginning to hit the Highway Trust Fund (HTF) by transferring about $8 billion from the general fund to the HTF. This proposed transaction is being framed as a "restoration" of funds transferred out of the HTF to the .general fund in 1998. This is a challenging maneuver given the rising federal deficit that is projected for FFY 2009. The American Association of State Highway Transportation Officials (AASHTO), estimates that the HTF shortfall is about $3.3 billion for FFY 2009, which could lead to a 34% reduction of federal investment next year. The impact to California if the HTF shortfall is not addressed equates to about $928 million of transportation funding and a projected 32,315 jobs lost in the state. H.R. 6532 has cleared the House of Representatives and awaits action in the Senate. It is not known when the bill will be heard in Senate committees. Commission staff and lobbyists will continue to monitor this bill and any other legislation that is introduced to address HTF insolvency. H.R. 6003 (Oberstarl / S. 294 (Lautenberg) - Amtrak Authorization Recommended position: Monitor Congressional work on a five-year Amtrak authorization bill is nearing the finish line as the House appointed its conference committee in late July. The bill increases federal capital and operating grants for Amtrak. Although much of the focus of these grants is likely on the Northeast Corridor, the funds are supposed to benefit the entire system: Of note is the creation of a new state capital grant program (similar to the New Starts program for transit) that encourages the development of new and improved intercity passenger rail services. This competitive program has been authorized for $2.5 billion. The bill also authorizes $1.75 billion for grants to states and/or Amtrak to finance the construction and equipment for 11 authorized high-speed rail corridors. California could potentially compete for these funds pending the outcome of the high-speed rail bond on the November statewide ballot. Further, the Amtrak authorization provides $520 million to alleviate rail choke points where freight and passenger trains conflict and cause congestion. Given the high volume to freight trains that travel through Riverside County and impact passenger rail operations, such a program may be of interest to the Commission, depending on how the program is eventually 'structured. Finally, the bill creates a forum at the Surface Transportation Board (STB) to facilitate stalled negotiations between railroads and commuter rail operators. The forum is a venue for non - Agenda Item 16 129 binding arbitration when rail negotiations reach an impasse. No such venue currently exists. Several of the provisions in the Amtrak bill could be helpful to Commission objectives, although it is difficult to identify specific benefits to this region until these new programs are implemented. It anything, the bill creates an opportunity for future investment in the passenger rail system in the region. Attachment: Legislative Matrix Agenda Item 16 130 " " RIVERSIDE COUNTY TRANSPORTATION COMMISSION - POSITIONS ON STATE AND FEDERAL LEGISLATION " Revised: 8/11/08 sryy+ev y�� +,my Ntl�� F ��\ yi'A:.i J tder'�� LTi��^ ix xe- �,. xxi, �� t- Y3 V irk- A>"'o-``��,+ '"i�� *N K 9tP Y ': fi"_ F c a'��4 ^+" ,Ih` 6 IU��j':��2 l r`��^F Y N��y��.:.. +Y 4 } ..2 .E��a �� A ��':.?-`"ova fF`gy+`-F 'P Fll+.... �� e ��A }R vne4iihF=a y 11 T N33��\ klYava��.. v ��+".LE#L SY'.!3ii.9��4�� S.��.m'��SiiS..I��ig.Y4'd'd'iLYi. ��.��`��.b�� ^s a.. 'ro}u" " " ' " , _ _ ^" `f ...... Ys ".P Ay rn "i j��yypp} S ��.^t 4��t (a��Y��C.��`ei.&z..m'3,u."atrv*.. . eE.4Ea��" d...s:��.��eav`�� a`t �� +^p( i i @��St��IFA Stt..'.ixkA?a:a corm vw j ,, i'��q $�� ifV��;�� v�� x w ...�� ,a " `` , AEI i�� M:��rT:%kNb 3��` STATE LEGISLATION AB 353 (Carter) This bill allows the PUG to grant $15 million to the top five priority projects in California. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. 02/01/08 Support 01 /28/08 AB 660 (Galgiani) This bill provides "clean-up" language to the PUC Section 190 program's statues, generally modifying the law to reflect the changing circumstances of delivering grade separation projects in California. Read second time. To third reading. 08/07/08 Oppose unless Amended 01/28/08 AB 996 (Spitzer) This bill would allow the Commission to recoup revenues from toll violators who are enrolled in the CRP program. Senate amendments concurred in. To enrollment. 08/07/08 Support with Amendments 06/1 1 /08 AB 1854 (Duvall) This bill would delete the California Public Utilities Commission's Section 190 grade separation funding program. May 8 Referred to Com. on PUB. S. 05/08/08 Work with Author 04/28/08 AB 2660 (Carter) This bill extends Caltrans pilot program that allows California (and other states) to streamline the environment approval process for transportation projects. Chaptered by Secretary of State Chapter 248, Statutes of 2008 06/04/08 Support 03/24/08 AB 3021 (Nava) This bill would create the California Transportation Financing Authority (CTFA) for increased construction of new capacity for the state highway system through the issuance of revenue bonds. Joint Rule 62(a), file notice suspended. (Ayes 21. Noes 12,) 08/07/08 Support 04/28/08 AB 3034 (Galgiani) This bill deletes the requirement that bond funds must first be used to build the "trunk" line from L.A. to San Francisco, and allows the High Speed Rail Authority to prioritize segments of the statewide system which are more feasible and can benefit the most from bond funding. In Assembly, Concurrence in Senate amendments pending. May be considered on or after August 10 pursuant to Assembly Rule 77. 08/07/08 Support 06/1 1 /08 SB 375 (Steinberg) This bill would require regional transportation planning agencies to adopt "preferred growth scenarios" that reduce vehicle miles traveled per household. The amount " of reduced vehicle miles traveled to be reduced would be part of an emissions inventory to be completed by CARE. Additional provisions would require the CTC to adopt guidelines for the use of travel demand models that meet a number of standards and would require the state to ensure that projects that are included in the Federal Transportation Improvement Program reflect this orientation toward "preferred growth scenarios." From committee: Do pass. (Ayes 11. Noes 4.) 08/08/08 Oppose 06/13/07 C': �. —yg e 9� iry &d k fd ry.� ° v�`" }�4 'w P � i„ «s L5 jj ,?pPl�?tlk C�Bis •.— ,��yy£� k icy �C1 n: 4 ��kitY`-g."�\�{'-4i fL4 . P tR*e' 4�4k{l U6-TS.�' x F �e.'s+.., __.. y �j �• �'yFF ; i r?. �:it' 1}v'' YSX4. rv� ��y � � �� N�AiN •jS^2� y3 o � 2'L•5` g93j,A Ag a �.fAYW B�F.s iV�& g �'{y9 'E'..dl'.� SB 1507 (Oropeza) This bill would prohibit the California Transportation Commission (CTC) and Caltrans from constructing or expanding a state highway within 1/4 mile of a school boundary, with exceptions for safety improvements or for carpool lanes. Set, second hearing. Failed passage in committee. Reconsideration granted. — 06/23/08 Oppose 06/11/08 SB 1646 (Padilla) This bill would reauthorize the existing Clean Fuels program indefinitely so that SCAQMD can continue collecting the $1 fee and make more of clean fuels investments. SCAQMD is careful to point out that the legislation does not authorize an increase in fees, it merely continues them. From committee; Do pass. (Ayes 12. Noes 4.) — 08/08/07 Support 06/11/08 FEDERAL LEGISLATION H.R. 1475 (McGovern, D- MA) This bill equalizes the fringe benefit employers may offer their employees tax-free for transit reimbursement and parking reimbursement to $200/month. Presently, employers may reimburse parking up to $175/month while transit may only be reimbursed up to $100/month. Referred to House Ways & Means Committee; Referred to House Oversight and Government Reform Committee — 03/12/07 Support 04/1 1 /07 H.R. 2701 (Oberstar, D- MN) This bill provides and addresses ways that transportation policy can help mitigate climate change and improve energy efficiency. The bill includes additional transit funding and an increased federal share of CMAQ projects. A new mechanism for negotiating with railroads is also part of the legislation Markup scheduled in Transportation & Infrastructure Committee for 06/20/07 Monitor 07/1 1 /07 H.R. 5102 (Calvert, D-CA) This bill directs the Secretary of Transportation to establish and collect a fee based on the fair market value of articles imported into the United States and articles exported from the United States in commerce and to use amounts collected from the fee to make grants to carry out certain transportation projects in the transportation trade corridors for which the fee is collected, and for other purposes Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials. — 01/24/08 Support in Concept 06/11/08 State and Federal Legislative Report Budget & Implementation Committee Riverside County Transportation Commission August 25, 2008 State Affairs RCTC Legislation On the Brin • SB 1316 (Correa) & AB 1954 (Jeffries) have both cleared the Legislature • Being held short of the Governor's desk until state budget is passed • Outlook positive from Governor's office Update - AB 3021 (Nava) California Transportation Finance Authority • RCTC has adopted a SUPPORT position • Provides a statewide policy for approving public toll projects; • Prohibits tolling of existing lanes, except for HOV-HOT conversions • Toll revenues cannot be required to be spent on transit Update — SB 375 (Steinberg; Transportation Planning Reforms: Sustainable Communities Strategies • RCTC has adopted an OPPOSE position • Requires MPO's to adopt greenhouse gas reduction strategies as part of RTP; reviewed by ARB • Expedited CEQA review for key transit projects • Exempt projects: — Programmed before 2012 — Sales Tax Measures before 2011 • Also deals with housing Update - SB 974 (Lowentha Container Fees • Amendments meet RCTC conditions for support: Balanced governing board LA vs. IE Riverside County grade separations funded • Governor seeking further amendments • Legal questions remain Update - AB 3034 (Galgiani High Speed Rail • • RCTC has adopted a SUPPORT position • Could mean faster development of Inland Empire route; •Awaiting Governor's signature — may not be signed until after state budget is adopted •If signed, would likely mean that "Prop 1 A" would be added to the November ballot. Federal Affairs Federal Appropriations Perris Valley Line • Senate Appropriations Bill = $50 million; • Sponsors: Senators Feinstein and Boxer; • No House action expected through November (at least). H.R. 6052 / S. 3380 Saving Energy Through Public Transportation Act of 2008 •$1.7 billion over two years to transit operators to pay for: • Increased energy costs • Fare reduction •Additional service • Riverside -San Bernardino: • Indio -Cathedral City -Palm Springs: •Temecula-Murrieta: • Hemet $9,608,984 $1,216,442 $1, 007, 678 $ 651,608 • STAFF RECOMMENDATION: MONITOR H.R. 6532 Highway Trust Fund "Fix" •Transfers $8 billion from general fund to Highway Trust Fund •AASHTO estimates current shortfall at $3.3 billion and growing Consequences of inaction: California loses: •$928 million •32,315 jobs •Passed by House, no Senate action •STAFF RECOMMENDATION: MONITOR H.R. 6003 Amtrak Authorization • Five year bill •State Capital Grant program $2.5 billion • High Speed Rail Grants $1.75 billion • Freight/Passenger rail chokepoint relief $520 million • Forum for negotiations with railroads •STAFF RECOMMENDATION: MONITOR Conclusion • RCTC bills = good news, need state budget • Major policy decisions to be made in Sac'to Staff Recommendations: • H.R. 6052 / S. 3380 [Transit] —MONITOR • H.R. 6532 [Highway Trust Fund] —MONITOR • H.R. 6003 [Amtrak] —MONITOR