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12 December 10, 2008 Commission85959 RECORDS RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEETING AGENDA TIME: 9:30 a.m. DATE: Wednesday, December 10, 2008 LOCATION: BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside Commissioners Chair: Jeff Stone V Vice Chair: Bob Magee 2nd Vice Chair: Bob Buster Bob Buster, County of Riverside John F. Tavaglione, County of Riverside Jeff Stone, County of Riverside Roy Wilson, County of Riverside Marion Ashley, County of Riverside Bob Botts / To Be Appointed, City of Banning Roger Berg / Jeff Fox, City of Beaumont Joseph DeConinck / Robert Crain, City of Blythe To Be Appointed / Ray Quinto, City of Calimesa Mary Craton / To Be Appointed, City of Canyon Lake Gregory S. Pettis / Kathleen DeRosa, City of Cathedral City Eduardo Garcia / Steven Hernandez, City of Coachella Eugene Montanez / Karen Spiegel, City of Corona Scott Matas / Russell Betts, City of Desert Hot Springs Robin Lowe / Eric McBride, City of Hemet Patrick J. Mullany / Larry Spicer, City of Indian Wells To Be Appointed / Melanie Fesmire, City of Indio Terry Henderson / Don Adolph, City of La Quinta Bob Magee / To Be Appointed, City of Lake Elsinore Darcy Kuenzi / Scott Mann, City of Menifee Bonnie Flickinger / William H. Batey II, City of Moreno Valley Rick Gibbs / Kelly Bennett, City of Murrieta Frank Hall / Malcolm Miller, City of Norco Dick Kelly / Cindy Finerty, City of Palm Desert Ginny Foat / Steve Pougnet, City of Palm Springs Daryl Busch / Mark Yarbrough, City of Perris Gordon Moller / Alan Seman, City of Rancho Mirage Steve Adams / Andy Melendrez, City of Riverside To Be Appointed / Jim Ayres, City of San Jacinto Ron Roberts / Jeff Comerchero, City of Temecula Scott Farnam / Bridgette Moore, City of Wildomar Raymond Wolfe, Governor's Appointee Anne Mayer, Executive Director John Standiford, Deputy Executive Director Comments are welcomed by the Commission. If you wish to provide comments to the Commission, please complete and submit a Speaker Card to the Clerk of the Board. 11.36.00 • RIVERSIDE COUNTY TRANSPORTATION COMMISSION www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 9:30 a.m. Wednesday, December 10, 2008 BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside, CA 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. In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if special assistance is needed to participate in a Commission meeting, please contact the Clerk of the Board at (951) 787-7141. Notification of at /east 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. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS — Each individual speaker is limited to speak three (3) continuous minutes or less. The Commission may, either at the direction of the Chair or by majority vote of the Commission, 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 (2) continuous minutes. In addition, the maximum time for public comment for any individual item or topic is thirty (30) minutes. Also, the Commission may terminate public comments if such comments become repetitious. Speakers may not yield their time to others without the consent of the Chair. Any written documents to be distributed or presented to the Commission shall be submitted to the Clerk of the Board. This policy applies to Public Comments and comments on Agenda Items. 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. Riverside County Transportation Commission Agenda December 10, 2008 Page 2 5. APPROVAL OF MINUTES NOVEMBER 12, 2008 6. PUBLIC HEARING - "RESOLUTION OF NECESSITY TO ACQUIRE FEE INTEREST IN A PORTION OF REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NUMBER 313-121-017, LOCATED IN THE CITY OF PERRIS, COUNTY OF RIVERSIDE, CALIFORNIA, BY EMINENT DOMAIN, FOR THE CONSTRUCTION OF STREET SIGNALIZATION AT THE INTERSECTION OF 4' AND "C" STREETS, AS WELL AS UPGRADING OF IMPROVEMENTS TO THE PERRIS MULTIMODAL STATION AND RELATED USES" Page 1 Overview This item is for the Commission to: 1) Conduct a public hearing to consider the adoption of Resolution No. 08-028, Resolution of Necessity, including providing all interested parties of the affected property, its attorneys,or its representatives an opportunity to be heard on the issues relevant to the Resolution of Necessity; 2) Make the following findings as hereinafter described in the report: a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; d) The offer of just compensation has been made to the property owner; and 3) Adopt Resolution No. 08-028, "Resolution of Necessity of the Riverside County Transportation Commission, declaring that the Acquisition of Fee Interest in a Portion of Real Property, More Particularly Described as Assessor Parcel Number 313-121-017, in the City of Perris, County of Riverside, California, by Eminent Domain, is Necessary for the Construction of Street Signalization at the Intersection of 4' and "C" Streets, Compliance with the Americans with Disabilities Act (ADA), as well as Upgrading of Improvements to the Perris Multimodal Station and Related Uses." • Riverside County Transportation Commission Agenda December 10, 2008 Page 3 7. ADDITIONS/REVISIONS The Commission may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Commission subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the Commission members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda. 8. CONSENT CALENDAR — All matters on the Consent Calendar will be approved in a single motion unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the Consent Calendar will be placed for discussion at the end of the agenda. 8A. PROPOSED 2009 COMMISSION/COMMITTEE MEETINGS AND UNMET TRANSIT NEEDS PUBLIC HEARING SCHEDULE Page 14 Overview This item is for the Commission to adopt its 2009 Commission/Committee Meetings and Unmet Transit Needs Public Hearing Schedule. 8B. RESOLUTION TO AMEND THE APPENDIX OF THE CONFLICT OF INTEREST CODE Page 18 Overview This item is for the Commission to adopt Resolution No. 08-029, "Resolution of the Riverside County Transportation Commission Amending the Appendix of the Conflict of Interest Code Pursuant to the Political Reform Act of 1974" 8C. QUARTERLY FINANCIAL STATEMENTS Page 26 Overview This item is for the Commission to receive and file the Quarterly Financial Statements for the period ended September 30, 2008. 8D. QUARTERLY INVESTMENT REPORT Overview This item is for the Commission to receive and file the Quarterly Investment Report for the quarter ended September 30, 2008. Page 30 Riverside County Transportation Commission Agenda December 10, 2008 Page 4 8E. INTERFUND LOAN ACTIVITY REPORT Page 42 Overview This item is for the Commission to receive and file the Interfund Loan Activity Report. 8F. AMENDMENT TO AGREEMENT BETWEEN THE COMMISSION AND CALIFORNIA CONSERVATION CORPS FOR THE IRVINE TO CORONA EXPRESSWAY PROJECT Page 44 Overview This item is for the Commission to: 1) Approve Agreement No. 09-65-043-01, Amendment No. 1 to Agreement No. 09-65-043-00 with the California Conservation Corps to extend the term of the agreement and to provide additional path clearance work for the Irvine to Corona Expressway project in the amount of $25,000; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 8G. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS/SUNLINE TRANSIT AGENCY AUDIT RESOLUTION Overview This item is for the Commission to: Page 46 1) Approve the Coachella Valley Association of Government's (CVAG) request to deprogram three projects previously approved for Congestion Mitigation and Air Quality (CMAQ) funds in the amount of $2,636,997; 2) Reduce the Salton Sea Air Basin (SSAB) CMAQ funding by $2,552,971 in the next federal transportation authorization; and 3) Authorize the Executive Director, pursuant to legal counsel review, to enter into Memorandum of Understanding (MOU) No. 09-66-51-00 with Caltrans regarding payment of disallowable CMAQ funds. • • • Riverside County Transportation Commission Agenda December 10, 2008 Page 5 8H. TRANSPORTATION ENHANCEMENT APPLICATION REVISION FOR THE PERRIS VALLEY LINE GREENWAY CORRIDOR PROJECT Page 57 Overview This item is for the Commission to approve the Transportation Enhancement (TE) Application Revision for the Perris Valley Line (PVL) Greenway Corridor project. 81. AGREEMENT WITH URS CORPORATION FOR THE DEVELOPMENT OF PLANS, SPECIFICATIONS, AND COST ESTIMATE FOR THE INTERSTATE 215 WIDENING PROJECT FROM MURRIETA HOT SPRINGS ROAD TO SCOTT ROAD, NORTH OF THE CITY OF MURRIETA Page 66 Overview This item is for the Commission to: 1) Award Agreement No. 09-31-045-00 to URS Corporation to perform final engineering services and prepare plans, specifications, and cost estimates (PS&E) for the 1-215 widening project from Murrieta Hot Springs Road to Scott Road, north of the city of Murrieta, based on the attached project scope and cost for the base amount of $3,372,139 plus a contingency amount of $377,861 to cover potential changes in scope for a total not to exceed amount of $3.75 million; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3) Authorize the Executive Director or designee to approve contingency work as may be required for the project; and 4) Authorize the Executive Director the option to request a proposal from URS Corporation to provide PS&E services for the 1-215 widening project from Scott Road to Nuevo Road in the city of Perris, if URS Corporation's performance is acceptable in completing the PS&E work for the 1-215 widening project from Murrieta Hot Springs Road to Scott Road, and to bring back a recommendation to the Commission for PS&E contract award. Riverside County Transportation Commission Agenda December 10, 2008 Page 6 8J. PROGRAMMING AND POLICY AMENDMENTS TO SUPPORT THE IMPLEMENTATION OF THE JOBS/ACCESS REVERSE COMMUTE AND NEW FREEDOM CALL FOR PROJECTS GRANTS Page 98 Overview This item is for the Commission to: 1) Approve July 1, 2009 as the project start date for all Specialized Transit projects awarded under the Universal Call for Projects as identified on Attachment 1 to this report; 2) Authorize the Executive Director, pursuant to legal counsel review, toextend the applicable interim grantee contracts to June 30, 2009 and approve up to $860,962 of additional Western Riverside County Measure A Specialized Transit funds as identified in Attachment 2 of this report; and 3) Approve the proposed project exemptions and exclusions for Riverside Transit Agency (RTA) and SunLine Transit Agency (SunLine) from the Commissions' Farebox Recovery Policy as identified on Attachment 3. 8K. COMMUTER RAIL PROGRAM UPDATE Page 108 Overview This item is for the Commission to receive and file an update on the Commuter Rail Program. 8L. FUND TRANSFER AGREEMENT FOR OPERATION OF A FREEWAY SERVICE PATROL PROGRAM IN RIVERSIDE COUNTY Page 116 Overview This item is for the Commission to approve Fund Transfer Agreement No. 09-45-059-00 with the state of California Department of Transportation (Caltrans) for the Riverside County Freeway Service Patrol (FSP) program in the amount of $1,656,238 in state funding for FY 2008/09. • Riverside County Transportation Commission Agenda December 10, 2008 Page 7 9. FISCAL YEAR 2007/08 COMMISSION AUDIT RESULTS Overview This item is for the Commission to receive and file the FY 2007/08: Page 124 1) Comprehensive Annual Financial Report; 2) Local Transportation Fund (LTF) Audited Financial Statements; 3) State Transit Assistance Fund (STAF) Audited Financial Statements; 4) Compliance Report; 5) Commercial Paper Compliance Report; 6) Audit Results Report; 7) Agreed -Upon Procedures Report related to the Appropriation Limit Calculation; 8) Agreed -Upon Procedures Report related to the Commuter Assistance Program incentives; and 9) Management certifications. 10. MEMORANDUM OF UNDERSTANDING FOR LOCAL HIGH SPEED RAIL STUDIES Overview This item is for the Commission to: Page 196 1) Approve entering into a Memorandum of Understanding (MOU) No. 09-14-025-00 with corresponding local and state agencies for the preparation of studies for the Los Angeles to San Diego via Riverside proposed High -Speed Passenger Rail Corridor; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the MOU on behalf of the Commission. 11. ELECTION OF RIVERSIDE COUNTY TRANSPORTATION COMMISSION OFFICERS Overview This item is for the Commission to conduct an election of officers for 2009 - Chair, Vice Chair, and 2' Vice Chair. Page 198 Riverside County Transportation Commission Agenda December 10, 2008 Page 8 12. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 13. COMMISSIONERS / EXECUTIVE DIRECTOR REPORT Overview This item provides the opportunity for the Commissioners and the Executive Director to report on attended meetings/conferences and any other items related to Commission activities. 14. ADJOURNMENT The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, January 14, 2009, Board Room, County of Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside. • RIVERSIDE COUNTY TRANSPORTATION COMMISSION ROLL CALL DECEMBER 10, 2008 Prese t Absent County of Riverside, District I a ,17', a County of Riverside, District II County of Riverside, District III k7 _ a County of Riverside, District IV County of Riverside, District V City of Banning City of Beaumont City of Blythe City of Calimesa City of Canyon Lake City of Cathedral City City of Coachella City of Corona City of Desert Hot Springs City of Hemet City of Indian Wells City of Indio City of La Quinta City of Lake Elsinore City of Menifee tku Rtk tkLiXLI t\t=it(u lu,):1 a a a a a a a a a a a a a a a a a City of Moreno Valley a City of Murrieta City of Norco City of Palm Desert City of Palm Springs City of Perris City of Rancho Mirage City of Riverside City of San Jacinto City of Temecula City of Wildomar Governor's Appointee, Ca!trans District 8 o LI,U4t1 RIVERSIDE COUNTY TRANSPORTATION COMMISSION COMMISSIONER SIGN -IN SHEET DECEMBER 10, 2008 fish GENCY E AD�RESS ;_iTs.. 3�t �, 7IAIL h a � c , • v 4 6�4v � z)o�� (� -. � _. �� �1 i' / (/�6//1��c1r t q �-r fir- ��1�7 / I z1���i�-v,-- O r/ „ G A h zn i, ,,,,a /.: �'sha //Z5e9ao%ir 4- �a z l zL, ,(t: ��f,Z (5w,9-- G (57 •• 1�1.JC„ Tl T1 �-(4/r C64--v•-1 o &- k- (--1 <7,•0 C Co J \\`1_51,> e- j 1 u,....› aer- Cx-Li e• `....10t% S\ 'N'""%k •-"',il'w5.,.c LOi LSCI % � �V� / f ( �-�,J , .4_ 7 riAM dR7" j�l.N �� e C ,ms c-m� CirilkiLicS Sco„ /7•V s 5fyz. r is b_Tt_l_01,, 0 afr,„. ,l to �'`� l—,PR-..3P r-�i 1 �n� l..(xp hiL. ..!_pa_ IN.,.nnf.5gzpic1ttiti 1 Kuehzi etiklo(menk.�: a,.ifktai To t() �- RIVERSIDE COUNTY TRANSPORTATION COMMISSION MINUTES Wednesday, November 12, 2008 1. CALL TO ORDER The Riverside County Transportation Commission was called to order by Chair Jeff Stone at 9:32 a.m., in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California, 92501. 2. PLEDGE OF ALLEGIANCE At this time, Commissioner Bob Magee led the Commission in a flag salute. 3. ROLL CALL Commissioners/Alternates Present Commissioners Absent Steve Adams Marion Ashley Roger Berg Daryl Busch Bob Buster Chris Carlson John Chlebnik Mary Craton Joseph DeConinck Kathlene DeRosa Ginny Foat Eduardo Garcia Rick Gibbs Frank Hall Terry Henderson Dick Kelly Darcy Kuenzi Robin Lowe Bob Magee Scott Matas Eugene Montanez Patrick J. Mullany Ron Roberts Jeff Stone Charles White Michael H. Wilson Roy Wilson Raymond Wolfe John Zaitz Bob Botts Scott Farnam Gordon Moller John F. Tavaglione Anne Mayer, Executive Director, introduced and welcomed Raymond Wolfe, the new Ca!trans District 8 Director. Raymond Wolfe provided his background information and expressed his enthusiasm to work with the Commission and the local jurisdictions to enhance transportation throughout Riverside County. Chair Stone presented plaques to Commissioners Chris Carlson, John Chlebnik, and Michael Wilson in honor of their exceptional service and dedication to the Commission. Commissioner Carlson thanked the Commission for its time, effort, and dedication to transportation. Commissioner Chlebnik thanked the Commission for the friendships that have been created. Commissioner Wilson thanked the Commission for its leadership in transportation issues. 4. PUBLIC COMMENTS There were no requests from the public to speak. 5. APPROVAL OF MINUTES — NOVEMBER 12, 2008 M/S/C (Henderson/Carlson) to approve the minutes of September 22 and October 8, 2008, as submitted. Abstain: DeRosa, Foat, White, and Zaitz 6. ADDITIONS/REVISIONS There were no additions or revisions to the agenda. 7. CONSENT CALENDAR M/S/C (Adams/Busch) to approve the following Consent Calendar items: Abstained: White 7A. CLAIMS FILED AGAINST THE COMMISSION RESULTING FROM THE CHATSWORTH METROLINK INCIDENT Authorize legal counsel to reject all claims filed against the Commission resulting from the September 12, 2008, Chatsworth incident and tender defense of those claims to Metrolink. • • • • • • 78. INTERNAL AUDIT REPORT ON ACCOUNTING/FINANCIAL FUNCTION Receive and file a report on the initial internal audit project relating to a high-level review of the Commission's Accounting and Finance function. 7C. SINGLE SIGNATURE AUTHORITY REPORT Receive and file the Single Signature Authority Report for the first quarter ended September 30, 2008. 7D. AMENDMENT TO AGREEMENT FOR ON -CALL STRATEGIC PARTNERSHIP ADVISOR SERVICES 1) Approve Agreement No. 06-66-026-06, Amendment No. 5 to Agreement No. 06-66-026-00, for On -Call Strategic Partnership Advisor Services with KPMG Corporate Finance, LLC (KPMG) to provide continuing on -call financial advisory services for the proposed State Route 91 and Interstate 15 corridor improvement projects for the amount of $250,000; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 7E. TRANSPORTATION UNIFORM MITIGATION FEE REGIONAL ARTERIAL PROGRAM UPDATE Receive and file an update on the Transportation Uniform Mitigation Fee (TUMF) Regional Arterial program. 7F. RESOLUTION ELECTING TO HEAR RESOLUTION OF NECESSITY FOR THE INTERSTATE 215/STATE ROUTE 60 EAST JUNCTION PROJECT Adopt Resolution No. 08-026, "Resolution of the Riverside County Transportation Commission Electing to Hear Future Resolutions of Necessity for the High Occupancy Vehicle Lane Project for the 1-215/SR-60 East Junction and Designation of Commission General Counsel to Process Resolution of Necessity Packages for the Project". 7G. RESOLUTION ELECTING TO HEAR RESOLUTION OF NECESSITY FOR THE STATE ROUTE 74/G STREET TO INTERSTATE 215 INTERCHANGE PROJECT Adopt Resolution No. 08-027, "Resolution of the Riverside County Transportation Commission Electing to Hear Future Resolutions of Necessity for the SR-74/1-215 Project and Designation of Commission General Counsel to Process Resolution of Necessity Packages for the Project". 7H. AGREEMENT FOR THE CONSTRUCTION OF PHASE I — PERRIS MULTIMODAL TRANSPORTATION FACILITY IN THE CITY OF PERRIS 1) Award Agreement No. 09-33-046-00 to L A Engineering, Inc. for the construction of Phase I — Perris Multimodal Transportation Facility adjacent to C Street, between State Route 74 and San Jacinto Avenue in the city of Perris (Perris) in the amount of $4,904,841 plus a contingency amount of $495,159 for a total contract authorization of $5.4 million; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3) Authorize the Executive Director or designee to approve work as may be required for the project; and 4) Authorize the Executive Director or designee pursuant to legal counsel review, to execute utility relocation and undergrounding agreements with Southern California Edison (SCE) and Verizon for a total not to exceed amount of $190,000 and $175,000 respectively. 71. AGREEMENT WITH CORNERSTONE STUDIOS TO PROVIDE ON -CALL DESIGN AND ENGINEERING SERVICES FOR THE COMMUTER RAIL STATION REHABILITATION AND MAINTENANCE PLAN 1) Award Agreement No. 09-33-009-00 to Cornerstone Studios to provide on -call design and engineering support services for the Commuter Rail Station Rehabilitation and Maintenance Plan (Plan), for a not to exceed amount of $300,000; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. • • • • 7J. NORTH MAIN CORONA SATELLITE PARKING AGREEMENT Approve Agreement No. 09-33-47-00 with Princeland Properties International, Inc. (Princeland) to provide for over 200 leased parking spaces as a satellite parking lot during the remaining construction of the North Main Corona parking structure construction for a not to exceed amount of $48,000. 7K. COMMUTER RAIL PROGRAM UPDATE Receive and file an update on the Commuter Rail Program. 7L. STATE ROUTE 91 COMMUTER EXPRESS BUS ROUTE 794 Approve continued demonstration funding of State Route 91 Commuter Express Bus — Route 794 service using Measure A Commuter Assistance Program funds in an amount not to exceed $142,000. 7M. UPDATE ON PORTS OF LOS ANGELES AND LONG BEACH EXPANSION PROJECTS Receive an update on the San Pedro Ports' proposed expansion projects. 8. ITEM(S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION There were no agenda items pulled from the Consent Calendar. Chair Stone suggested addressing Agenda Item 10, 'Public Hearing — Mid County Parkway Draft Environmental Impact Report/Draft Environmental Impact Statement; before Agenda Item 9, "Sales Tax Revenue Update", due to the number of public comments for Agenda Item 10. 10. PUBLIC HEARING — MID COUNTY PARKWAY DRAFT ENVIRONMENTAL IMPACT REPORT/DRAFT ENVIRONMENTAL IMPACT STATEMENT Cathy Bechtel, Project Development Director, provided an overview on the Mid County Parkway (MCP) Draft Environmental Impact Report/Draft Environment Impact Statement (DEIR/DEIS), highlighting the following areas: • Definition and scope of the MCP; • Purpose and need for the MCP; • Population and employment growth; • Traffic congestion and travel times; • Overview of the Riverside County Integrated Project (RCIP); • Community and Environmental Transportation Acceptability Process (CETAP) and environmental streamlining; • MCP project approval and environmental document (PA/ED) phase; • Public input; • Development and study of alternatives; • Alternatives studied in the DEIR/DEIS; • MCP Alternative 9 and Commission locally preferred Alternative 9 map; • MCP environmental studies in the DEIR/DEIS; • CEQA — Commission considers action and NEPA — FHWA considers action; • MCP timeline; and • Locations where the draft EIR/EIS can be viewed. Commissioner Bob Buster recommended that the public comments period be extended to January 8, 2009. He stated his office is hosting a public hearing on December 2, 2008, at 6:30 p.m. It will be held at Citrus Hills High School. The hearing will address the MCP project and related county improvements for the next 10 years between the Interstate 15 and Interstate 215. Cathy Bechtel stated the comment period can be extended to January 8, 2009, and any public comments for the MCP project received at . the Commissioner Buster's public hearing on December 2, 2008, will be incorporated into the final environmental document as part of the public record. Chair Stone opened the public hearing at this time. Dan Silver, representing the Endangered Habitats League, expressed the league's supports for the coverage of the locally preferred Alternative 9 by the Multi -Species Habitat Conservation Plan (MSHCP). He thanked the Commission for the important contributions that have been made to the MSHCP through Measure A funding. Chair Stone stated approximately $125 million of Measure A funds have been contributed to MSHCP. Tom Jacobson, representing the Valley Group, expressed support for Alternative 9 due to the continued growth in Riverside County and the tremendous burden on its infrastructure. • • • • Michelle Awadalla, representing Greater Riverside Chambers of Commerce, expressed support for the MCP project as it is vital to the future mobility of residents and the business community. Charles Pearson, Gavilan Hills area resident, expressed concern that an intersection at Gavilan Road and the MCP has been eliminated as it was not included in the DEIR. He discussed the reasons why he believes this intersection is necessary. Drew Feldmann, San Bernardino Valley Audubon Society President, expressed opposition to the MCP project due to continued housing developments without a corresponding increase in employment along with other environmental impacts. Thomas Molten, Perris resident, expressed support for Alternative 9 and commended the Commission for the methodology used for its selection. Sonia Barreto, Lake Mathews area resident, expressed support for Alternative 9 as she believes it is the most logical alternative. Grant May, Lake Mathews area resident, expressed support for Alternative 9 as it is the least impactful alternative. Additionally, he believes that the residents in his area have not been properly informed about the MCP project. Bill Waechter, Lake Mathews area resident, expressed support for Alternative 9 as it is the lowest cost alternative with the least impacts. Steven Counelis, Victoria Grove area resident, expressed support for Alternative 9 as it has the greatest benefit and the least number of impacts in all the categories that were evaluated. Shah Shailesh, Woodcrest area resident, expressed support for the MCP project and Alternative 9 as growth continues that will require additional infrastructure. He expressed concern related to the design portion of the MCP that intersects with Perris Boulevard as all four on ramps and off ramps come to one point at the southern portion that he believes will create additional traffic impacts. Jim Meyer, Lake Mathews area resident, expressed support for Alternative 9, however, he expressed concern about the impact on the water in Lake Mathews. Joy Robinson, Gavilan Hills area resident, expressed opposition to Alternative 9 due to the pollution that the MCP will create in the Gavilan Hills area. She suggested the parkway be located on State Route 74. George Hague, representing the Sierra Club Moreno Valley Group, provided a handout dated November 12, 2008, which was subsequently distributed to all of the Commissioners related to the indirect impacts of the MCP project. He requested the Commission notify residents, businesses, and schools within 1,500 feet of the MCP project about the health impacts of living near a freeway. Carrie Bass, Gavilan Hills area resident, expressed opposition to Alternative 9 as she believes it will destroy the rural community and more costly than projected. She suggested the parkway be located on State Route 74. Howard Rosenthal, Hemet resident, expressed support for the Alternative 9 as he believes it is a necessity for this county and commended the Commission for its forward thinking. Laurie Taylor, Vice Chair of the Residents Association of the Greater Lake Mathews (RAGLEM), asked if all of the public comments previously made at the RAGLEM's general meeting were made part of the public record. She expressed opposition to Alternative 9 due to its negative impacts on the rural community. She expressed support for the comments made by Mr. Hague, Mr. Feldman, and Ms. Robinson. She thanked Commissioner Buster for recommending extending the comment period and requested a longer extension. Steve DeBaun, legal counsel, replied the public comments from the RAGLEM's general meeting were part of the public record. Patrick Hsu, Redlands resident, expressed support for Alternative 9 and creating a new corridor into Orange County. Betty Anderson, Mira Loma area resident, concurred that the MCP project will alleviate the traffic in the Mira Loma area, however, the surrounding communities within the MCP will suffer from air quality impacts. David S. Elliot, President of Victoria Grove Homeowners Association, expressed support for Alternative 9 as it is the least impactful alternative. John W. Roth, Gavilan Hills area resident, provided a handout dated November, 12, 2008, which was subsequently read to the Copmmission by Chair Stone requesting a 30-day extension of the public comment period. • • • • • • William Murray, landowner in Gavilan Hills area, expressed strong support for Alternative 9 due to its benefits to the community. Tuan Van, Gavilan Hills area resident, expressed strong support for Alternative 9 as it is the least impactful alternative. He expressed concern regarding a conflict with John Roth providing public comments on the MCP due to that fact he is a Commissioner. Commissioner Buster clarified that John Roth is not a member of the Riverside County Transportation Commission. He is a Riverside County Planning Commissioner. John Roth is a Gavilan Hills area resident and as such has the right to make public comments regarding the MCP project. Lori Woodbeck, Riverside resident, expressed opposition to Alternative 9 due to its negative impact on air quality. She suggested the parkway be located on SR-74. Chair Stone closed this public hearing at this time. He explained all of the public comments will be recorded by staff and addressed in the final environmental document. M/S/C (Buster/Lowe) to extend the public comment period for the MCP DEIR/DEIS to January 8, 2009. 10. SALES TAX REVENUES UPDATE Theresia Trevino, Chief Financial Officer, provided an update on the sales tax revenues, highlighting the following areas: • Commission revenue sources; • Recent sales tax trends; • Quarter 2, 2008 (Q2 2008) sales tax report: Economic categories and segments; • Measure A sales taxes; • Local Transportation Fund (LTF) sales taxes; and • Next steps. Anne Mayer explained staff will continue monitoring the sales tax revenues and provide an update to the Commission at the beginning of the year. She noted there are several funding changes occurring at the state and federal levels. The Governor has called a special session of the legislature and staff is monitoring this situation very carefully. Staff is working closely with Coachella Valley Association of Governments, county of Riverside, and other local agencies that are sponsoring projects that could potentially be at risk. • Staff is monitoring and possibly taking advantage of the state and federal stimulus proposals in order to keep as many projects moving forward.: Commissioner Adams expressed concern for the Governor's proposal to increase the sales tax. Commissioner Robin Lowe requested the projections as soon as possible because the local cities will soon be formulating their Capital Improvement Plans (CIF). She suggested asking the California Transportation Commission (CTC) to help the Commission support legislation at the state level on California Environmental Quality Act (CEQA) relief on the time limit for the environmental reports so that it does not expire. She has sent Senator Dianne Feinstein correspondence related to this concern. M/S/C (Carlson/Henderson) to receive and file: 1) The Measure A and LTF revenues report; and 2) The sales tax analysis for Quarter 2, 2008. 11. COMMISSIONERS/EXECUTIVE DIRECTOR'S REPORT There were no reports from the Commissioners or the Executive Director. 12. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, the meeting adjourned at 1 1:27 a.m. The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, December 10, 2008, in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California, 92501. Respectfully submitted, Ou""-q4.— Jennifer Harmon Clerk of the Board • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: December 10, 2008 TO: Riverside County Transportation Commission FROM: Min Saysay, Right -of -Way Manager THROUGH: Anne Mayer, Executive Director SUBJECT: "Resolution of Necessity to Acquire Fee Interest in a Portion of Real Property, More Particularly Described as Assessor Parcel Number 313-121-017, Located in the City of Perris, County of Riverside, California, by Eminent Domain, for the Construction of Street Signalization at the Intersection of 4r' and "C" Streets, as well as Upgrading of Improvements to the Perris Multimodal Station and Related Uses" STAFF RECOMMENDATION: This item is for the Commission to: 1) Conduct a public hearing to consider the adoption of Resolution No. 08-028, a Resolution of Necessity, including providing all interested parties of the affected property, its attorneys, or its representatives an opportunity to be heard on the issues relevant to the Resolution of Necessity; 2) Make the following findings as hereinafter described in the report: a► The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; and d) The offer of just compensation has been made to the property owners; and 3) Adopt Resolution No. 08-028, "Resolution of Necessity of the Riverside County Transportation Commission, Declaring that the Acquisition of Fee Interest in a Portion of Real Property, More Particularly Described as Assessor Parcel Number 313-121-017, in the City of Perris, County of Riverside, California, by Eminent Domain, is Necessary for the Construction of Street Signalization at the Intersection of 4t`' and "C" Streets, Compliance with the Americans with Disabilities Act (ADA), as well as Upgrading of Improvements to the Perris Muhimodal Station and Related Uses." Agenda Item 6 1 BACKGROUND INFORMATION: The Commission is being asked to consider the adoption of a Resolution of Necessity IRON) declaring an intent to acquire a fee interest in a portion of real property through eminent domain proceedings necessary for the construction of street signalization at the intersection of 41' and "C" Streets, compliance with the ADA, as well as upgrading of improvements to the Perris Multimodal station, in the city of Perris, county of Riverside, California. A litigation guarantee was ordered from First American Title Company to confirm and to determine the identities of the record owners. The Commission then served the affected property owners with a notice of the Commission's decision to appraise. The Commission ordered a fair market value appraisal of the property to be purchased and an offer was made to the property owners. To date, staff has been unsuccessful in negotiating a purchase price. Negotiations are not precluded by the holding of the hearing or the Commission's approval of the RON. This hearing is necessary for the Commission to initiate the eminent domain process and obtain possession of the property. The construction contract will be issued in mid -December and construction is expected to start in January 2009. Description of Property to be Acquired The property is an improved parcel, which is more particularly described as a portion of Assessor Parcel Number 313-121-017, and is located along the northwest corner of 4"' and "C" Streets, within the corporate limits of the city of Perris, county of Riverside, California. This is only a partial acquisition of 779 square feet. The portion to be acquired is identified and depicted in the legal description and map attached and marked as Exhibit A to the RON. Project Description The project will provide for street signalization at the intersection of 4"' and "C" Streets, installation of concrete curbs, and sidewalks, curb ramps, as well as upgrading improvements to the Perris Multimodal station, in the city of Perris, county of Riverside, California. Hearings and Required Findings The action requested of the Commission, at the conclusion of this hearing, concerns the acquisition of a portion of real property from the property owners listed below: Agenda Item 6 • • 2 • • • Owners Shin -Diann Chu and Lu-I Chu, Jui-Fang Chu and Mei-Yu Chu, and Simon and Kiki Chu, Co -Trustees of the 2006 Chu Family Trust. Fee Acquisition Assessor Parcel Number 313-121-017 (portion, 779 square feet) California eminent domain law provides that a public entity may not commence an eminent domain proceeding until its governing body has adopted a RON, which resolution may only be adopted after the governing body has given each party with an interest in the affected property or its representatives a reasonable opportunity to appear and be heard on the following matters: 1. The public interest and necessity require the proposed project; 2. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3. The portion of the real property to be acquired is necessary for the project; and 4. The offer of just compensation has been made to the property owners. A notice of hearing was mailed by first class mail to the property owners and stated the Commission's intent to consider the adoption of the resolution, the right of each person to appear and be heard on these issues, and that failure to file a written request to appear would result in a waiver of the right to appear and be heard. The Commission has scheduled this hearing at which all persons who filed a written request within 15 days of the date of notice was mailed may appear and be heard. The Commission's legal counsel mailed the required notice to the property owners on November 20, 2008, in accordance with Section 1245.235 of the California Code of Civil Procedure. The above four require findings are addressed as follows: 1. The Public Interest and Necessity Require the Proposed Project The Commission is going to construct the Perris Multimodal Facility (Project) in downtown Perris, which calls for the construction of a bus plaza with eight bus bays, a surface parking lot with 141 parking spaces, a transit platform, on site amenities such as bus shelters and the widening of "C" street to 43 feet curb to curb. The Project will also include the construction of the platform for the future rail station for the Metrolink Perris Valley Line. Agenda Item 6 3 In order to accommodate anticipated increases in traffic in the project area, the city of Perris required that the Project include street signalization at the intersection of 4' and "C" Streets, comply with the ADA, and install concrete curbs, gutters, and sidewalks. 2. The Project is Planned or Located in a Manner that will be Most Compatible with the Greatest Public Good and the Least Private Injury Since the Commission owns the real property where the bus bays and the rail station will be constructed, this location is the best location for the Project. This is the only partial fee acquisition necessary for the Project. The subject property is used as a multi -tenant retail facility, however, the portion of the real property sought to be acquired is not occupied, and no owners or tenants will be displaced. Therefore, no relocation plan was adopted in accordance with the State Relocation Assistance and Real Property Acquisition Guidelines (title 25, Chapter 6 of the California Code of Regulation). The least private injury issues have been satisfied by a reduction of the take of the property from approximately 1,100 square feet to 779 square feet, minimizing the impact to the property owner. 3. The Real Property Sought to be Acquired is Necessary for the Proposed Project As described above, the real property to be acquired is necessary so the Commission can comply with the required signalization at the intersection of "C" and 4' Streets. The traffic signal post, traffic signal pull box, curb returns and ADA ramps will be located and constructed on the property to be acquired. 4. The Offers of Just Compensation Have been Made An appraisal was prepared by Gary Valentine, MAI, to establish the fair market value of the portion of the real property the Commission is seeking to acquire. An offer of just compensation was made to the property owners to purchase a fee interest as established by the approved appraisal and as required by Section 7267.2 of the California Government Code. Although negotiated settlements may still be possible for the real property cited above, it would be appropriate to commence the procedures to acquire the property through eminent domain to ensure that the real property will be available to meet the timeframes associated with the development of the project. Agenda Item 6 • • 4 • Fiscal Impact There is no new fiscal impact from this action. Environmental Analysis Compliance with the California Environmental Quality Act (CEQA) has been satisfied by an amendment presented to the Commission on January 9, 2008. A Mitigated Negative Declaration was adopted on January 9, 2008. Notice of Public Hearing The notice of public hearing was mailed on November 20, 2008, to each property owner of record. Attachments: 1) Resolution No. 08-028 (Resolution of Necessity with Attached Legal Description as Exhibit A) 2) Notice of Hearing to Property Owners, Signed November 20, 2008 Agenda Item 6 5 • • RESOLUTION OF NECESSITY NO.08-028 RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION DECLARING THAT THE ACQUISITION OF A FEE INTEREST IN CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS A PORTION OF ASSESSOR PARCEL NUMBER 313-121- 017, LOCATED IN THE CITY OF PERRIS, IN RIVERSIDE COUNTY, CALIFORNL4, BY EMINENT DOMAIN, NECESSARY FOR THE CONSTRUCTION OF STREET SIGNALIZATION AT THE INTERSECTION OF 4TN AND "C" STREETS, AS WELL AS THE UPGRADING OF IMPROVEMENTS TO THE PERRIS MULTIMODAL STATION AND RELATED USES. WHEREAS, the Riverside County Transportation Commission (the "Commission") proposes to acquire a fee interest pertaining to a portion of certain real property, located along the northwest comer of "C" Street and 4`h Streets, within the corporate limits of the City of Perris, County of Riverside, California, more particularly described as Assessor Parcel No. 313-121-017, for purposes of street signalization, pave -out, installation of concrete curbs, gutters, and sidewalks, as well as the upgrading of improvements to the Perris Multimodal Station, in the City of Perris, in Riverside County, California, and related uses, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, December 10, 2008, at 9:30 a.m., at the Riverside County Transportation Commission, 4080 Lemon Street, 1st Floor, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission and each person whose property is to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now approve a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. 1 6 Section 2. Public Use. The public use for which the real property is to be acquired is for street signalization, as well as the upgrading of improvements to the Perris Multimodal Station, and related uses, in the City of Perris, County of Riverside, in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit "A" is the legal description and Assessor's map of the real property to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. following: Section 4. Findings. The Commission hereby finds and determines each of the (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property described in Exhibit "A" is necessary for the proposed project; and (d) Pursuant to section 1245.230(4) of the California Code of Civil Procedure, the offer required by section 7267.2 of the California Government Code has been made to the owner of record. Section 5. Use Not Unreasonably Interfering with Existing Public Use(s). Some or all of the real property to be acquired may be subject to easements and rights -of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the Commission and describe the general location and extent of the easements and rights -of -way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described real property subject to such existing public use(s), pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property to be acquired may be subject to easements and rights -of -way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public use(s) pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such 2 • 7 • improvements to the real property being acquired that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the herein above described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non -material changes in the legal description of the real property and improvements that are deemed necessary for the conduct of the condemnation action or other proceedings or transaction required to acquire the subject real property and improvements. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation of the project for which the real property and improvements are being acquired. Section 8. Effective Date. This Resolution shall take effect upon approval. APPROVED AND ADOPTED this day of , 2008. , Chairman Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 3 8 ATTACHMENT • NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, December 10, 2008, at 4:30 a.m., at the Riverside County Transportation Commission, 4080 Lemon Street, 151 Floor Board Room, Riverside, California, the Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of a fee interest in a portion of certain seal property for public use which, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the construction and maintenance of street signalization at the intersection of 4t and "C" Streets, in the City of Perris, in Riverside County, California, as well as the upgrading of improvements to the Perris Valley Multimodal Station and related uses. The description of the property to be acquired is attached as Exhibit "A" to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1: Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Page 1 Your failure to files written request to appear and be heard within 15 days after the mailing of this notice will result in the waiver of your right to appear and be heard. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Riverside County Transportation Commission Jennifer Harmon, Clerk of the Board 4080 Lemon Street, 3`1Floor Riverside, CA 92502-2208 DATE OF HEARING: PLACE OF HEARING: Wednesday, December 10, 2008 9:30 a.m. Riverside County Transportation Commission 4080 Lemon Street, to Floor Board Room Riverside, CA 92502-2208 DATED: November 20, 2008 BEST BEST & KRIEGER LLP By: (fir t/, 4,U1 Kendall H. MacVey Mona M. Nemat Attomeys for Riverside County Transportation Commission Page 2 • 10 LEGAL DESCRIPTION FOURTH STREET That portion of the East 71.00 feet of tots 20 and 21, In Block 11, of the Town of Perris, surveyed by E. Dexter, January 1888, filed in Book 5, Page 270 of Maps, In the Office of the County Recorder of San Diego County, in the City of Perris, County of Riverside, State of California, more particularly described as follows; BEGINNING at the Southeasterly corner of said Lot 21, said corner being on the Northerly line of the right of way of that certain road known as Fourth Street as shown on said Map of the Town of Perris; thence along the Southerly line of said Lot 21, also Icing said Northerly line of said Fourth Street, North 89°38'4T' West, 39.08 feet; thence leaving said Southerly line of said Lot 21, North 00°19'34n East, 10.00 feet to a point on a line parallel with and distant 10.00 feet Northerly at right angles to said Southerly line of Lot 21; thence along said parallel line, South 89°38W" East, 12.16 feet thence leaving said parallel line, North 47°38'44" East, 40.79 feet to a point on the Westerly line of that certain road known as C Street as shown on said Map of the Town of Perris; thence along said Westerly line of said C Street, also being the Easterly line of said Lots 20 and 21, South 04°57554 West, 37.79feet to the POINT OF BEGINNING Said parcel of land contains 779 sq. ft. This legal description waa prepared by me, or under my direction in accordance with the Land Surveyor's Act this June 26, 2008. Mary M. l4basta, P.LS. 6664 My registration expires; 06/30/2010 11 Exhibft�A ? LEGENID: INDICATES RIGHT-OF-WAY AM5 ON AREA In 779 SCLFT, P.O.B. a PORT OF BEGIVN6 CF LEGAL DESCRIPTION f,9712. 40' N04'57'55'E t 10 03' 1 z� r . 1 x l 1 '5 IvH 21 NOO19.34" E MOO' I 1 � 4.74TE t 41. 20 $ T 1, Iry I 1 l� i1i/270 BL CK �,,o 37.79' SO457'5519 P.0a= SE'LY COR. LOT 21, R1X ii, NB 5/270 1M5 DRAYLNG WAS PREPARL17 9Y LIE OR CARDER MY DRREC iON N CONFORMANCE 19111 LAND SURVEYOR'S ACT 1111S ROVMEO 21, 2007 MARY M. UC. EXPIRA �r 6884 DAIE: JUNE 30, 2010 PSOMA S 4455 Murphy Canyon Road, Suite 200 Son Diego, CA 92123 (858) 578-9200 (858) 565-1738 fax www.psomas.com APPROVED BY: C STREET MP MI ZrFOR 1 18 17 or VAN or SKETCH TO ACCOMPANY A LEGAL DESCRIPTION RIGHT-OF-WAY ACQUISITION CITY OF PERRIS RIVERSIDE; CALIFORNIA APN 31I-121-017 16 i IMO • =` a'JJF:• is 30' b DRAM BY: MMA CHECKED BY: AEC ()Alt: JUNE 2008 JOB Ha 1892-021-3 Exhibit F� 12 • PROOF OF MAILING NOTICE I, Carol Poole, acting on behalf of the Riverside County Transportation Commission, hereby certify that on November 20, 2008, I mailed a copy of the attached notice by first-class mail to the following owner(s) of real property located in the County of Riverside, State of California, more particularly described as Riverside County Assessor Parcel No. 313-121-017: Shin -Diann Chu and Liu -I Chin Pizza Chalet 202 West 4h Street Perris, CA 92570-2011 Jui-Fang and Mei-Yu Chu Pizza Chalet 202 West 4th Street Perris, CA 92570-2011 Simon and Kiki Chu, Co -Trustees 2006 Chu Family Trust Pizza Chalet 202 West 4th Street Perris, CA 92570-2011 Simon and Kiki Chu Co -trustees 2006 Chu Family Trust Forte Resources 12368 E. Valley Blvd., Ste. 117 El Monte, CA 91732 Dated: NovemberP-q2008 Shin -Diann Chu and Liu -I Chin 30425 Harbor Circle Canyon Lake, CA 92587 Jui-Fang and Mei-Yu Chu 30425 Harbor Circle Canyon Lake, CA 92587 Simon and Kiki Chu Co -Trustees 2006 Chu Family Trust 30425 Harbor Circle Canyon Lake, CA 92587 Simon and Kiki Chu Co -trustees 2006 Chu Family Trust 111 N. Harvard Street Hemet, CA 92543-421 t Carol Poole Page 3 13 • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: December 10, 2008 TO: Riverside County Transportation Commission FROM: Jennifer Harmon, Office and Board Services Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Proposed 2009 Commission/Committee Meetings Unmet Transit Needs Public Hearing Schedule and STAFF RECOMMENDATION: This item is for the Commission to adopt its 2009 Commission/Committee Meetings and Unmet Transit Needs Public Hearing Schedule. BACKGROUND INFORMATION: The Commission is scheduled to meet on the second Wednesday of each month at 9:30 a.m. Additionally, the Executive Committee is scheduled at 9:00 a.m. on the same day. The Commission's policy committees - Budget and Implementation, Property, and Plans and Programs - meet on the fourth Monday of each month at 9:30 a.m., 12:30 p.m., and 1:30 p.m., respectively. There are times when Committee meetings may be cancelled due to lack of substantive agenda items. When this occurs, the Commissioners will be notified. Included in the 2009 Schedule is the Unmet Transit Needs Public Hearing in Blythe. The Palo Verde Valley Area intends to continue to use a portion of its Local Transportation Fund (LTF) funds for street and road needs. Therefore, an Unmet Transit Needs Public Hearing must be held. The date for public hearing has yet to be determined. In past years, Commissioners representing cities in the Coachella Valley and the Palo Verde Valley as well as a member of the Citizens' Advisory Committee have participated as the hearing board. Commissioners interested in attending the public hearing should contact Fina Clemente, Acting Transit Manager, or Jennifer Harmon, Office and Board Services Manager, prior to the public hearing date. 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Jo s6ul}aaw ay1 y will Iu00 010a 'w'd 0£:Z l wooa paeo8 •w•d 0£: l 'w'e 0£:6 8Z Jagwaoaa V will 41.100 010a *Lw0 OE:Z l wood pae08 •w d OE: 4 'w'e 0£:6 CZ JagwanoN y wa 000 010a 'w'd 0£:Z l wooa paeo8 •w•d OE: l 'w'e 0£:6 9Z aag0100 `d will 41100 010a 'w'd OE:Z l wooa paeo8 •w•d OE: l 'w'e 0£:6 8Z aagwaldas 'd wH luo0 0108 'w'd OE:Z l wooa paeo8 •w•d OE: I. 'w'e 0£:6 -bZ isn6ny a31130NVO V/N V/N V/N 031130NVO LZ Alnf y mild woo 010a •w•d 0£:Z l wooa paeo8 •w•d OE: l 'w'e OE:6 ZZ aun(` 0131130NVO V/N V/N V/N a31130Md0 gZ AeW V will 11-100 0108 'w'd 0£:Z l wooa paeo8 'w'd OE: l 'ere 0£:6 LZ lady V wH f1J00 0108 'w'd OE:Z l wood pae08 'w'd 0£: i 'w'e 0E:6 £Z yoJeW 'd wH Iu00 010a 'w'd 0E7l wooa pae08 'w•d OE:l 'w'e 0£:6 EZ Aaenagad y wa Iu00 010a 'w•d 0£:Z l wooa paeo8 •w•d 0£: l 'w•e OE:6 9Z Mender uogeooi aalliwwo3 Apedoad uogeooi Gewww03 swekom pue sued 091.1!wwo3 uoneweweidwg pue ta6pn8 (Aepuow) °tea Bunaaw • • Meeting Date (Monday) Technical Advisory Committee Location January 12 10:00 a.m. Riverside - 3rd Floor Conference Room February 9 10:00 a.m. TBD March 16 10:00 a.m. Riverside - 3rd Floor Conference Room April 20 10:00 a.m. TBD May 18 10:00 a.m. Riverside - 3rd Floor Conference Room June 15 10:00 a.m. TBD July 20 10:00 a.m. Riverside - 3rd Floor Conference Room August 17 CANCELLED CANCELLED September 21 10:00 a.m. Riverside - 3rd Floor Conference Room October 19 10:00 a.m. TBD November 16 10:00 a.m. Riverside - 3rd Floor Conference Room December 21 CANCELLED CANCELLED The meetings of the Technical Advisory Committee are held on the third Monday of each month, except for holidays. If the meeting falls on a holiday, the meeting is moved to the second Monday. Riverside - Commission Offices, County Administrative Center, 4080 Lemon Street, 3rd Floor, Riverside, CA TBD Meeting Date (Tuesday) Citizens Advisory Committee! Social Services Transportation Advisory Council Location February 17 11:30 a.m. RCTC Conf Rm A May 19 11:30 a.m. RCTC Conf Rm A August 18 11:30 a.m. RCTC Conf Rm A 17 • RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON DATE: December 10, 2008 TO: Riverside County Transportation Commission FROM: Jennifer Harmon, Office and Board Services Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Resolution to Amend the Appendix of the Conflict of Interest Code STAFF RECOMMENDATION: This item is for the Commission to adopt Resolution No. 08-029, "Resolution of the Riverside County Transportation Commission Amending the Appendix of the Conflict of Interest Code Pursuant to the Political Reform Act of 1974" BACKGROUND INFORMATION: As required, the Riverside County Transportation Commission performs a biennial review of its Conflict of Interest Code (Code). For this year, there is a need to amend the appendix to include new positions, revise titles of existing positions, and delete titles of positions that have been abolished. The amended appendix shows the list of positions who manage public investments, and positions to be governed under the Code and their respective disclosure categories. A notice of intention to amend the appendix of the Code was publicly posted and provided to the affected designated employees. After the Commission has adopted the amended appendix, it will be submitted to the Riverside County's Board of Supervisors for approval as it is the code -reviewing body for the Commission. In order to meet the requirements of the Code pursuant to the Political Reform Act of 1974, staff recommends that the Commission adopt Resolution No. 08-029 to make the appropriate changes to the Code. Attachments: 1) Resolution No. 08-029 2) Amended Appendix 3) Notice of Intention Agenda Item 8B 18 • • • RESOLUTION NO.08-029 RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION AMENDING THE APPENDIX OF THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 WHEREAS, the Legislature of the State of California enacted the Political Reform Act of 1974, Government Code Section 81000 et seq. (the "Act"), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the Riverside County Transportation Commission (the "Commission") and requires all public agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the Commission adopted a Conflict of Interest Code (the "Code") which was amended on December 13, 2006, in compliance with the Act; and WHEREAS, subsequent changed circumstances within the Commission have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the Appendix of the Commission's Code; and WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the Commission being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and WHEREAS, notice of the time and place of a public meeting on, and of consideration by the Commission of, the proposed amended Appendix was provided each affected designated employee and publicly posted for review at the offices of the Commission; and WHEREAS, a public meeting was held upon the proposed amended Appendix at a regular meeting of the Members of the Board of the Commission on December 10, 2008, at which all present were given an opportunity to be heard on the proposed amended Appendix. NOW, THEREFORE, BE IT RESOLVED by the Members of the Board of the Commission of the Riverside County Transportation Commission that the Members of the Board of the Commission do hereby adopt the proposed amended Appendix of the Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the Clerk of the Board and available to the public for inspection and copying; BE IT FURTHER RESOLVED that the said amended Appendix shall be submitted to the Board of Supervisors of the County of Riverside for approval and said Appendix shall become effective 30 days after the Board of Supervisors approves the proposed amended Appendix as submitted. R V PU B\DV A LD F.Z\756221. I 19 APPROVED AND ADOPTED this 10th day of December, 2008. Chair Riverside County Transportation Commission ATTEST: Clerk of the Board Riverside County Transportation Commission R V PU B1D V A WEZ175622 I.1 2 • 20 LAW OFFICES OF BEST BEST & KRIEGER APPENDIX CONFLICT OF INTEREST CODE OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Amended December 10, 2008) EXHIBIT "A" OFFICIALS WHO MANAGE PUBLIC INVESTMENTS Commission Officials who manage public investments, as defined by 2 Cal. Code of Regs. § 18701(b), are NOT subject to the Commission's Code, but are subject to the disclosure requirements of the Act. (Government Code Section 87200 et seq.) [Regs. § 18730(b)(3)] These positions are listed here for informational purposes only. It has been determined that the positions listed below are officials who manage public investments3: Members of the Board of the Commission and their Alternates Executive Director Deputy Executive Director Chief Financial Officer Financial Consultants 3 Individuals holding one of the above -listed positions may contact the FPPC for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The FPPC makes the final determination whether a position is covered by § 87200. 21 BBK— December 2008 LAW OFFICES OF BEST BEST & KRIEGER DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Accounting and Human Resources Manager 6 Capital Projects Manager 1, 2 Community Relations Manager 6 Commuter Assistance Manager 6 General Counsel 1, 2 Goods Movement Manager 6 Government Relations Manager 1 Motorist Assistance Manager 6 Multimodal Services Director 2, 3, 6 Office and Board Services Manager 2, 5 Procurement and Assets Manager 1, 2 Programming and Planning Manager 2, 6, 7 Project Delivery Director 1, 2 Project Development Director 1, 2 Property Administrator 3, 6 Rail Manager 1, 2 Right of Way Manager 1, 2 BBK- December 2008 22 LAW OFFICES OF BEST BEST & KRIEGER DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Senior Administrative Assistant, Administration 6 Staff Analyst - Multimodal Services (ALL) 2, 3, 6 Staff Analyst - Programming (ALL) 6 Staff Analyst - Rail (ALL) 1, 2 Staff Analyst - Right of Way (ALL) 1, 2 Toll Program Director 2, 3, 6 Toll Project Manager 2, 3, 6 Transit Manager 2, 3, 6 Consultant4 4 Consultants shall be included in the list of Designated Employees and shall disclose pursuant to the broadest disclosure category in this Code subject to the following limitation: The Executive Director may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this Section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. BBK - December 2008 23 LAW OFFICES OF BEST BEST & KRIEGER EXHIBIT "B" DISCLOSURE CATEGORIES The disclosure categories listed below identify the types of investments, business entities, sources of income, including gifts, loans and travel payments, or real property which the Designated Employee must disclose for each disclosure category to which he or she is assigned. Category 1: All investments and business positions in business entities, and sources of income , that are located in, do business in, or own real property within the jurisdiction of the Commission. Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the Commission. Category 3: All investments and business positions in, and sources of income from, business entities that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the Commission. Category 4: All investments and business positions in, and sources of income from, business entities that are banking, savings and loan, or other financial institutions. Category 5: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the Commission. Category 6: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the Designated Employee's Department. Category 7: All investments and business positions in, and sources of income from, business entities subject to the regulatory, permit, or licensing authority of the Designated Employee's Department. BBK — December 2008 24 • NOTICE OF INTENTION TO AMEND THE APPENDIX OF THE CONFLICT OF INTEREST CODE OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION NOTICE IS HEREBY GIVEN that the Riverside County Transportation Commission (the "Commission") intends to amend the Appendix of the Commission's Conflict of Interest Code (the "Code") pursuant to Government Code Section 87306. The Appendix of the Code designates those employees, members, officers, and consultants who are subject to the Commission's Code. The Commission's proposed amendment includes new positions that must be designated, revises the titles of existing positions, and revises disclosure categories. The proposed amended Appendix will be considered by the Board of Commissioners on December 10, 2008, at 9:00 a.m. at Riverside County Board Room, 4080 Lemon Street, Riverside, California. Any interested person may be present and comment at the public meeting or may submit written comments concerning the proposed amendment. Any comments or inquiries should be directed to the attention of Jennifer Harmon, Clerk of the Board, Riverside County Transportation Commission, 4080 Lemon Street, 3rd Floor, Riverside, CA 92501; (951) 787-7141. Written comments must be submitted no later than December 10, 2008, at 9:00 a.m. The proposed amended Appendix may be reviewed at, and copies obtained from, the office of the Clerk of the Board. RVPUBO VALDEZ1756222.1 25 RIVERSIDE COUNTY TRANSPORTATION COMM/SS/ON DATE: December 10, 2008 TO: Riverside County Transportation Commission FROM: Budget and Implementation "Committee of the Whole" Michele Cisneros, Accounting and Human Resources Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Quarterly Financial Statements BUDGET AND IMPLEMENTATION "COMMITTEE OF THE WHOLE" AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the Quarterly Financial Statements for the period ended September 30, 2008. BACKGROUND INFORMATION: During the first three months of the fiscal year, staff has monitored the revenues and expenditures of the Commission. The first quarter of the year is primarily directed toward completing fiscal year end closing activities. Staff expects most of the categories to present a more realistic outlook beginning in the second quarter. The operating statement shows the sales tax revenues for the first quarter at 10% of the budget. This is a result of the Governmental Accounting Standards Board (GASB) 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 funds 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 for July 2008. On a cash basis, the Measure A and LTF sales tax revenues are 12% and 1 1 % lower, respectively than the same period last fiscal year. Receipts continue to remain flat through July 2008, due to effects of the housing market crisis and economic slowdown. Staff continues to persistently monitor the trends in the sales tax receipts and will report to the Commission in early 2009 any necessary adjustments, if any, to the budget for sales tax revenues. 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. Agenda Item 8C 26 The Transportation Uniform Mitigation Fee (TUMF) revenues remitted to the Commission by Western Riverside Council of Governments only reflect one month of receipts. The July 2008 revenues of $1,039,721 were received by the Commission in September 2008. At the time of the preparation of the Quarterly Financial Statements for the period ended September 30, 2008, staff was completing the reconciliation and posting of interest income. Interest will be correctly reflected in the Quarterly Financial Statements for the period ending December 31, 2008. The administrative and program/projects categories are in line overall with the expectations of the budget with the following exceptions: • General administrative expenditures are higher due to a one-time payment in July for the Commission's FY 2008/09 general liability insurance. • Office lease and utilities are slightly over as a result of the rent payment due by the first of each month. The October rent was paid on September 25, 2008. • General projects report a negative actual amount as a result of the accounting for an estimated expenditure accrual for special studies provided as of June 30, 2008 but not yet invoiced through September 2008. • Right-of-way/land expenditures are slightly higher for the first quarter due to contributions made to the Riverside Conservation Authority for the Multi -Species Habitat Conservation Plan. • The Coachella Valley regional arterial program is administered by Coachella Valley Association of Governments (CVAG) and requests reimbursement from the Commission based on available funds and sufficient budget authority. This category is slightly higher due to claims submitted by CVAG during the first quarter. Capital outlay reports a negative amount. This resulted from the estimated expenditure accrual for office improvements made as of June 30, 2008 but not yet invoiced through September 30, 2008. During the first quarter, commercial paper proceeds of $90 million were issued to provide funding for the advancement of 2009 Measure A projects. Staff will continue to monitor the revenues and expenditures and will notify the Commission of any unusual events. Attachment: September 2008 Quarterly Financial Statements Agenda Item 8C • 27 RIVERSIDE COUNTY TRANSPORTATION COMMISSION • • DESCRIPTION QUARTERLY BUDGET VS ACTUAL 1ST QUARTER FOR THREE MONTHS ENDED 09/30/2008 Revenues Sales tax Federal, state and local govemment reimbursements Transportation Uniform Mitigation Fee (fUMF) 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 General 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 Total debt service Total expenditures Excess of revenues over (under) expenditures Other financing sources/uses Operating transfer in Operating transfer out Bond proceeds Total financing sources/uses Net change in fund balances Fund balance July 1, 2008 Fund balance September 30, 2008 FY 2008/09 BUDGET 220,599,000 77,841,486 7,730,000 24,919,800 7,980,000 339,070,286 1,664,800 151,000 1,771,300 415,000 1,365,900 5,368,000 5,078,200 1,847,500 3,538,625 8,881,600 71,027,582 106,003,600 200,238,400 50,085,300 8,781,300 3,424,500 102,309,000 3,068,300 10,959,852 335,000 8,283,700 7,763,400 591,625,859 1,050,000 1,807,852 1st QUARTER ACTUAL $ 21,010,650 1,517,857 1,039,721 157,371 420,560 REMAINING BALANCE $ (199,588,350) (76,323,629) (6,690,279) (24,762,429) (7,559,440) 24,146,159 (314,924,127) 368,748 11,850 139,214 118,330 410,083 1,048,225 898,509 198,781 206,877 (228,626) 1,798,363 663,248 59,325,444 3,782,523 3,921,410 516,070 23,344,889 367,632 744,424 64,407 169,861 427,961 96,201,773 (14,620) 33,630,000 16,496,400 39,684 50,126,400 39,684 649,978,111 97,275,062 (310,907,825) (73,128,903) 69,125,100 8,573,992 69,125,100 8,573,992 130,000,000 90,000,000 130,000,000 90,000,000 (180,907,825) 16,871,097 475,188,900 531,044,094 1,296,052 139,150 1,632,086 296,670 955,817 4,319,776 4,179,691 1,648,719 3,331,748 9,110,226 69,229,219 105,340,352 140,912,956 46,302,777 4,859,890 2,908,430 78,964,111 2,700,668 10,215,428 270,593 8,113,839 7,335,439 495,424,085 1,050,000 1,822,472 33,630,000 16,456,716 50,086,716 PERCENT UTILIZATION 10% 2% 13% 1% 5% 7% 22% 8% 8% 29% 30% 20% 18% 11% 6% -3% 3% 1% 30% 8% 45% 15% 23% 12% 7% 19% 2% 6% 16% 0% -1% 0% 0% 0% 552,703,049 15% 237,778,922 (60,551,108) 60,551,108 (40,000,000) (40,000,000) 197,778,922 55,855,194 294,281,075 $ 547,915,191 28 -24% 12% 12% 69% 69% -9% 112% $ 253,634,116 186% 6Z 13=3L44 $$ 6E0'OS'66$ B9L'One $ LIE'4f1 $ 9E t'E 4VEZ4 $ 4ZBL8�98Z m$ LSS'OZZ'es $ 1349'L49'44 $ ZZL'S9 $ 69S'ZZ6'BOZ$ 9Z9'9L4'6$ 616 LZ6'SI$ 800Z'OE ,egweldes eoueleq pund 460'490'1ES 691 8E806 BSE'CU 9 Z68'EC4 940490EZ4 ZOE'E89'LE SS4'ZZ6 VL - SO6'LZO'LI 14:S9 6ZELZ9'412 L69'449'6 LEZ'SZ 4'04 800Z'4 Llnf eoueleq punj L80'4L8'9I 08'9IL'B 0161898'0E SZ9 090'ZC9 (9ID'SZ9'L) (98810e's') (LSZ'OBS'S) (09L'905'Z) (£29'9E0 286'ZOS'£ senueleq punt ul e5uego leN 000'00006 SO6 DOS 000'00006 - - - (4ZW6L6'1) (L9L'SZS'9) - - sasn/se0mos 61.pueu6 lelol 000'000'OB 000'000'06 - - _ lue6e M01058 of Luew6ed Z66'£L9'8 E6L'9E - - - speaamd puo6 9Z9'9L61 SLS'29S'9 Ina ielsuea 6ugeiad0 Z86'ELS'8 08 {'LES'e - - - - e6L'9E - - utle011?.4 6u9eeedp sasn,isamnos Bupuenu Jam° (E06'9Z 1'6L) 054'94Z (Ns'LEO'85) SZ4 090'Z£4 (8L4'SZB'U less'LOL'9L1 (£99'609.0 ll 120'l ZO'9 (£ZB'9Ee) ZIEVZ08'C senmpuadze(iepun) lane sanuenw ssaazd Z90'SLZ'L6 101'ZEE 66 5L9L09 166 SZ8'L 96E6161Z Z81'546S LZ l'EL L50'692'S LD8'9C0 Pe 4'904'Z souwuadza lelol 689'66 - 499'6£ - - - aoin,as Igen Mal 9%811551 to j500 xel elegaa e8e66161 989.6E 989'6E lsaalul ledpuud anwas lgep (0E9'60 - - 566'64 105>'1) (695'8Z) Levu lelldep uolingplslp Ieluawweno6Le11.1 ELL'40896 991'19C6S 9L9'L09 184'SZ9'L 86E'B4S'42 Z6l'S 46'S CZL'EL Z99'ESZ'S EOE'OSE 641'SLV4 sloefoR6swei60.16 !col 198 Let, — - - - - 1.96'1Z4 - - Vsueu pezllepeds 499691 - - - 496'691 aoueuemew pue suopeiedo lleL L01 49 yo 4Z9'49L L04'49 lueaue.6o w usAenn6unJueid ZE9'L9E - - 4Z4'44L sea!aas 6u!wwee6md pus 6uluueld ZC9'L9C aauelsisse wuoloW 698'44CEZ - 166'6E6'1 86E'649'le - - - - suopngplsp V19 pue ill OL0'916 - - - OL0'945 - enuelslsseielnww0p O 19426'E - Olt'LZ6'E - - - - lepepe leuope8 CZS'ZBL'E - - - ELEV° LZl'£L C80'406.Z - spem pue sleeps 'non 94✓SZ£l% 6LL'LBE'9S (Lee'0 - - Z1S'SE6 puenpleM to lu5p1 99Z'E99 - - 000'004'1 IZSC9E9) - - u0lpalsuop f9E'88L1. 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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 September 30, 2008, is also attached for review. Attachments: 1► Quarterly Investment Report for the Quarter Ended September 30, 2008 2► County of Riverside Investment Report for the Month Ended September 30, 2008 Agenda Item 8D 30 • PeMollo Invaatmant rypa LAIF O. eT% County Pool,Ceall 89. 59,9 91 Funt 11. 599 Invp¢lmanl Ngrcmmnnl¢ Statement of Compliance All of the above investments and any investment decisions made for the quarter ended September 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. 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The next FOMC meeting will be held at the end of October. The 2 year T-Note was yielding 2.00% (down 36bps). while the 10 year T-Note was yield- ing 3.85% (up 2bps.) For Septem- ber, the Pool had a decrease of 6bps. in the average monthly yield. 3MoUS Treasury Bill 6MoUS Treasury Bill 2 Yr US Treasury Note 5 Yr US Treasury Note 10 Yr US Treasury Note FED Fund Rate 0.92 (0.80) 16 (0.37) 2 (0.36) 2.98 (0.t2) 3.85 0.02 2 Crude Oil (barrel) 100.64 (14.82) Gold (Ounce) 894.45 63.30 DJIA S&P 500 NASDAQ 10,850.70 (692.80) 1;66.36 (116.47) 2,091.88 275.64 Page 1 • Maturity Distribution 30% 25% 20% 15% 10% 5% 0% 30 days or 30 - 90 90 Days -1 1 - 2 Years 2 - 3 Years Less Days Year Over 3 Years Cash Equivalent &MMF Negotiable CDs Market Value 4NAi7i book Yield A-1 / P-1 or bette 330' Federal Agenc) 69.30 ;6 Cash Flows2 :Mon Ilk Monthly Receipts Monthly 1Disbm es Yiai€'erc brotc,;red Mal. lnvcnr Sul a,ace Aci nal €uv. A ail. 'lie i 3:e:;: cilics Loesl, 1 Tr. 5/2009 592.5 1,341.7 (749.2) 371.4 81.9 9/2009 564.4 795.9 - (231.5) 231.5 26.2 TOTALS 9,42i8.J I I , MTli.8 (2,3S0.5) 2,319.5 2,7o S.0 ',556.N 52,43.1, 1 Treasurer's Institutional Money Market Index (77MM1) is compiled and reported by the Riverside County Treasurer's Capital Markets division, It is a composite index derived from the average of three multi -billion 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, bankers' acceptances, commer- cial paper, certificates of deposits, repurchase agree- ments, etc) portfolios that the Treasurer tracks. Fur- ther details available upon request. 2 The Pooled Investment Fund cash flow requirements are based upon a 12 month historical cash flow model. 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SLI V3A E SaV3AE All{nu�v ulnuliXON �Vd 'IMo83 Lti vibo, (0%04 SAVO OLZ 3041V1-10X3 dO S1118 310N30y'lt/.t73.3�• VaNNV 1J1/1$1O14 S8V3A9 S,ApooW Aillenb 1-Iwl1 pazlaou ny /Go�ale� luawlsanul '.A2Jf1'6)432f:!'STF SON09 AON30V •szospuodns 3o pzeog kiuno0 atp Act panozdde pue aammutoD upuanp ;uaturanui sAunoo alp Liq kenuue pamatnaz st Liotlod s>uL apoD luauiuzanoO eTuzople0 atp uetp angot.gsaz azotu sT Xotlod ILIOUnsanui sMuno0 ails •Xonod umuusanui Jo luatualels maznseau atp tillm aDNVI dWOD I IIl3 ut sem pun3 luaturanui palood mains -eau atl,i• RIVERS/DE COUNTY TRANSPORTATION COMMISSION DATE: December 10, 2008 TO: Riverside County Transportation Commission FROM: Budget and Implementation "Committee of the Whole" Michele Cisneros, Accounting and Human Resources Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Interfund Loan Activity Report BUDGET AND IMPLEMENTATION "COMMITTEE OF THE WHOLE" AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the Interfund Loan Activity Report. 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 September 30, 2008. The total outstanding interfund loans aggregate $1,641,726 as of September 30, 2008. Attachment: Interfund Loan Activity Report Agenda Item 8E 42 • • • Loan Amount Repayment Amount Date 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 1st quarter ended September 30, 2008 Lending Fund Borrowing Fund 1989 Measure A - WC Commuter 1989 Measure A - WC Highway (222) Assistance (225) June 30, 2007 539,689 July 1, 2009 539,689 1989 Measure A - WC Highway (222) 2009 Measure A - WC Highway Improvements (262) June 30, 2007 827,037 July 1, 2009 Purpose of Loan Additional local match for the SR-71 Widening/Animal Crossing Project Advance 2009 Measure A l-215 BlCounly project (Maximum loan available of $2 million) (P3012 & P3027) 327,037 1989 Measure A - WC Highway (222) 2009 Measure A - WC Highway Improvements (262) Advance 2009 Measure A working capital Total $ 1,641,726 $ 1,641,726 43 Date Commission Approved December 10, 2003 April 9, 2003 June 13, 2007 AGENDA ITEM 8.F RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: December 10, 2008 TO: Riverside County Transportation Commission FROM: Cathy Bechtel, Project Development Director Mark Massman, Bechtel Project Manager Gustavo Quintero, Bechtel Project Coordinator THROUGH: Anne Mayer, Executive Director SUBJECT: Amendment to Agreement between the Commission and California Conservation Corps for the Irvine to Corona Expressway Project STAFF RECOMMENDATION: This item is for the Commission to: 11 Approve Agreement No. 09-65-043-01, Amendment No. 1 to Agreement No. 09-65-043-00 with the California Conservation Corps to extend the term of the agreement and to provide additional path clearance work for the Irvine to Corona Expressway project in the amount of $25,000; and • 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: In 2006, the Commission executed a cooperative agreement with the Orange County Transportation Authority (OCTA) and the Foothill/Eastern Transportation Corridor Agency (F/E TCA) to develop and manage geotechnical feasibility studies for a potential transportation and utility corridor linking Riverside and Orange Counties. The purpose of the agreement is to jointly exercise the common powers of its parties as the Riverside Orange Corridor Authority (ROCA). The Commission is charged with administering the cooperative agreement and is responsible for the receipt and expenditure of federal and state funds to accomplish the geotechnical studies. On April 4, 2008, the Commission received a Special Use Permit from the USDA Forest Service (Forest Service), Cleveland National Forest to conduct supplemental geotechnical field exploration, testing services, and technical evaluations for the proposed Irvine Corona Expressway. The Forest Service is responsible to ensure that adequate environmental studies, analysis, and documentation are completed in accordance with the National Environmental Policy Act (NEPA), before implementation of the supplemental geotechnical testing and evaluation. Agenda Item 8F 44 On September 29, 2008, the Commission entered into a single signature agreement with the California Conservation Corps for the clearance of approximately 10 miles of trails in order to access water resources in the Cleveland National Forest as part of the feasibility studies for the Irvine to Corona Expressway project. The cost of the single signature agreement was $45,000. Due to the terrain's difficulty, Commission staff was informed that additional funding was needed to complete this task. An additional amount of $25,000 for this project is requested to provide additional terrain clearing services. In addition the term of the agreement is being extended. Staff recommends that the Commission authorize the Chair to execute Agreement No. 09-65-043-01, Amendment No. 1 to Agreement 09-65-043-00 with the California Conservation Corps for an additional amount of $25,000 bringing the total not to exceed amount for this contract to $70,000. IFinancial Information In Fiscal Year Budget: No Year: FY 2008/09 Amount: $25,000 Source of Funds: Federal Demo Budget Ad ustment: Yes GLA No.: 106 65 41409 $25,000 106 65 81501 $25,000 Fiscal Procedures Approved: vd;,a,1 L Date: 12/01/08 Agenda Item 8F • 45 c� w RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: December 10, 2008 TO: Riverside County Transportation Commission FROM: Budget and Implementation "Committee of the Whole" Shirley Medina, Programming and Planning Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Coachella Valley Association of Governments/SunLine Agency Audit Resolution Transit BUDGET AND IMPLEMENTATION "COMMITTEE OF THE WHOLE" AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve the Coachella Valley Association of Government's (CVAG) request to deprogram three projects previously approved for Congestion Mitigation and Air Quality (CMAQ) funds in the amount of $2,636,997; 2) Reduce the Salton Sea Air Basin (SSAB) CMAQ funding by $2,552,971 in the next federal transportation authorization; and 3) Authorize the Executive Director, pursuant to legal counsel review, to enter into Memorandum of Understanding (MOU) No. 09-66-51-00 with Caltrans regarding payment of disallowable CMAQ funds. BACKGROUND INFORMATION: In the early 1990's, the Commission delegated the responsibility of programming federal CMAQ funds that are apportioned to the SSAB to CVAG. CVAG has dedicated the use of these funds to support their Regional PM10 program, and obtained the services of SunLine Services Group (SSG) to manage and operate the street sweeping component of the Regional PM10 program. In 1999, Caltrans conducted an audit of the CMAQ costs claimed and reimbursed by CVAG for the street sweeping program in response to concerns raised over audits of SunLine and (SSG). The Caltrans audit covered the period from November 1999 to 2004. The draft Calrans Incurred Cost Audit Report was issued in 2005 and finalized in February 2008. The audit findings state that $5,189,968 of costs claimed by and reimbursed to CVAG and SSG for street sweeping services are disallowed because the costs were not adequately supported nor in compliance with agreement provisions and state Agenda Item 8G 46 and federal regulations. Additionally, the audit revealed that there were unallowable program costs incurred by SSG and that invoices and verification of payment were inadequate. The audit also cited that there were unsigned agreements and lack of agreement provisions. Of the $5,189,968 disallowed costs, $4,599,635 consisted of operational costs and $590,333 was for equipment costs. The audit recommendation was for SSG to payback CVAG, and CVAG to payback Caltrans. Over the past few months, CVAG, SunLine, Caltrans, and the Commission have discussed various options for repayment of these funds. Caltrans, as the administrator of federal funds, is required to pay back disallowable costs to the Federal Highway Administration (FHWA) and deobligate federal funds associated with the ineligible project(s). By policy, the deobligated federal apportionments will be credited back to the region or county. Rather than seek direct payment from CVAG, Caltrans has proposed to retain the deobligated funds and apply them to State Highway System (SHS) projects. In order to pay back the Riverside County CMAQ program, CVAG, SunLine, and the city of Palm Desert are proposing the deletion or deprogramming of CMAQ funds for three projects totaling $2,636,997. These projects were the lowest scoring projects in the recent CVAG CMAQ call for projects and are as follows: Project Description Amount Recommended Action CNG Bus Purchase (2) for the Fred Waring Bus Service $ 734,799 Deprogram project CNG Bus Purchase (3) for Routes Recommended from the Comprehensive Operation Analysis $ 1,102,198 Deprogram project *Palm Desert — Mid -Valley Bike Path $ 800,000 Reduce funding by $ 800, 000 Total $ 2,636,997 *The CMAQ funding for the Palm Desert project is being reduced from $3 million to $2.2 million. CVAG is proposing that the balance of the payment, $2,552,971, be taken out of the next federal transportation authorization act. Therefore, future CMAQ funding for the SSAB will be reduced by the balance amount. The payback to the Riverside CMAQ program is summarized as follows: Fund Source Amount Deobligated projects/funds $2,636,997 Future SSAB funds $2,552,971 Total $5,189,968 Agenda Item 8G • 47 i Status of Deleted Projects • The SunLine projects that are being deleted from CVAG's CMAQ program have been proposed for Proposition 1 B transit funds, which will cover a portion of the project costs. SunLine will continue to seek additional funds to fully fund the projects or revise the project schedules. The Commission's role in the Proposition 1 B transit program is to collect the nominated transit projects, review for eligibility and concurrence, and submit them to Caltrans by November 30, 2008. The Prop 1 B transit funds are scheduled to be allocated by the State Controller's Office in January 2009. • The city of Palm Desert will seek other funds to fully fund and implement the Mid -Valley Bike Path project. Commission staff concurs with the CMAQ payment option recommended by CVAG and will work with Caltrans on finalizing a MOU regarding the payment recommendation. Resolution of this issue has been a collaborative effort involving SunLine, CVAG, Caltrans, and Commission staff and has minimal impacts on current planning and programming processes. Financial Information In Fiscal Year Budget: N/A Year: N/A Amount: N/A Source of Funds: N/A Budget Ad ustment: N/A GLA No.: N/A Fiscal Procedures Approved: \146.udayi - Date: 1 1 /13/2008 Attachments: 1) October 1, 2008 Letter from CVAG 2) November 19, 2008 Letter from SunLine Agenda Item 8G 48 CVAG 85428 CJ, JSt; AM, SM COACHELLA VALLEY ASSOCIATION! of GOVERNMENTS' • Blythe • Cathedral City • Coachella • Desert Hot Springs • Indian Wells • hnifo • La Qainta • Palm Desert • Palm Springs • Rancho Mirage County of Riverside • Ague f aliente Band of Caikn'tle Incises • Cabman Bend of Mission Indians • Torres Martinez Desert Gahuilla Indians October 1, 2008 Anne Mayer, Executive Director Riverside County Transportation Commission 4080 Lemon Street, 3id Floor/P.O. Box 12008 Riverside, CA 92502-2202 Dear Ms. IUD. 6J.r`f72C., i)� Intl R' W. [971 IAA' OCT n 3 2008 The Coachella Valley Association of Govemments (CVAG) discussed the Galtrans February 2008 incurred cost audit at the regularly scheduled September 29, 2008 Executive Committee meeting. The CVAG Executive Committee modified its July 29, 2008 direction to staff by voting to deprogram two SunLine projects totaling $1,836,997 and deprogram $800000 of the Palm Desert $3,135,000 funding for the Bicyde Facility Project for a deprogrammed total of $2,636,977. On July 30, 2008, CVAG sent a letter to the Riverside County Transportation Commission (ROTC) respectfully requesting RCTC enter into a Memorandum of Understanding (MOU) with the California Department of Transportation (Caltrans) for repayment of CVAG's CMAQ reimbursement disallowed by the February 2008 incurred cost audit. This correspondence requested that all SunUne CMAQ (SAFI_TEA-LU) projects be deprogrammed. CVAG is still respectfully requesting RCTC enter into a MOU with Caitrans to allow for an alternate payment option with CMAQ funds. On August 1, the Board of Directors of the SunUne Services Group sent a letter to RCTC requesting that RCTC not get involved in this issue in order to give CVAG and SSG and opportunity to attempt to jointly resolve the finandal impact raised by the Caltrans audit. On August 22, 2008, a joint meeting between two CVAG Executive Committee members and the Chair and Vice Chair of SunUne Transit Agency/SSG met to discuss options, other than deprogramming all SunLine CMAQ projects. The suggestion at this meeting was to deprogram the two lowest ranked SunUne CMAQ projects and $800,000 from the lowest ranked project, the Palm Desert Bicycle Facility. The Executive Committee accepted and approved this suggestion on September 29, 2008. The balance to be repaid from the future CMAQ cycle would be $2,552,991, or a balance of 49% of the incurred cost audit findings. Please find attached the September 29, 2008 staff report with the attachments (including the deprogrammed project descriptions). Thank you in advance for your assistance and consideration of our request. John M. Wohlmuth Executive Director cc: Mike! Oglesby, SunUne General Manager Attachments A.01.10 73-710 Fred Waring Drive, Suite 200 • Palm Desert, CA 92250 • [760) 346-1127 • FAX [7601 340-5949 49 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS DATE: September 29, 2008 TO: EXECUTIVE COMMITTEE FROM: John M. Wohlmuth, Executive Director SUBJECT: Regional Clean Street Management Program STAFF RECOMMENDED MOTION: That the Executive Committee consider the July 28, 2008 Executive Committee direction to staff, the TAC recommendation of September 12, 2008, and the SSG/CVAG meeting recommendation of August 22, 2008. Technical Advisory Committee Recommendation: CONCURRED with the July 28, 2008 Executive Committee direction to staff requesting RCTC and Caltrans enter into a MOU and deprogram $2.8 million of CMAQ funds programmed for SunLine. (Meeting of September12, 2008) SSGlCVAG Meeting Recommendation: At this meeting, attendees representing the CVAG Executive Committee, (Mayor Roche and Mayor Benson) recommended RCTC and Ca!trans enter into a MOU and deprogram the two lowest ranked SunLine projects ($1.6 Million) and $800,000 of the $3.135 programmed for the Palm Desert Bicycle Facility Project. The total to be deprogrammed in the CMAQ cycle would be $2.6 million. (Meeting of August 22, 2008) Background: On July 28, 2008 CVAG staff and General Counsel went into closed session with the Executive Committee to discuss options to address the Caltrans Incurred Cost Audit performed on the Regional Clean Street Management Program for the period of November 1999 through May 2004. The Executive Committee directed CVAG staff to prepare a letter to Riverside County Transportation Commission (RCTC) requesting RCTC consider entering into a Memorandum of Understanding (MOU) with Caltrans to allow repayment of CMAQ funds over time. In addition, the Executive Committee directed staff to emphasize deprogramming $2.8 million of SunLine projects in the upcoming CMAQ cycle. The correspondence was prepared and is attached to this staff report as Attachment 1. At the SunLine Services Group (SSG) meeting of July 30, 2008, the SSG Board of Directors directed the General Manager, C. Mikel Oglesby to request that RCTC not become involved in this issue at this time, in order to allow CVAG and SSG an opportunity to meet and jointly resolve the financial impacts raised by the Caltrans audit. Please find attached the SSG letter to RCTC as Attachment 2. 16 ITEM 13A 50 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS SSG requested a meeting with CVAG. SSG informed CVAG that Chair Michael Wilson, Vice Chair Bud England, and General Manager Mikel Oglesby would be attending the meeting as directed by their Board of Directors. CVAG staff was directed to send a letter to RCTC. The Executive Committee did not provide direction, nor assign representatives from CVAG to meet with SSG, After discussing the issue with CVAG Chair Eduardo Garcia and Vice Chair Stephen Pougnet, CVAG staff asked Executive Committee members, Mayor Jean Benson and Mayor Mary Roche, to accompany the Executive Director to this meeting. The meeting between SSG/SunLine and CVAG took place on August 22, 2008_ After hearing and discussing several options, it became clear that in order to move forward, a RCTC and Caitrans MOU would be beneficial to resolving the audit with the least immediate financial impact. The discussion then focused on the projects to recommend deprogramming in an amount between $2.6 million and $2.8 million. As it was the direction of the Executive Committee for staff to request RCTC deprogram all of'SunLine's projects in this CMAQ cycle totaling $2.8 million, this would leave $2.3 million to be deprogrammed in a future CMAQ cycle. The suggestion made at the August22, 2008 meeting was to deprogram the lowest ranked SunLine projects by points, totaling $1,8 million, and maintain the higher ranked SunLne Projects, totaling $973,000. The recommendation/suggestion was to remove $800,000 from the Palm Desert Bicycle facility projects, the lowest ranked project. The total amount to be deprogrammed under this option would be $2.6 million, leaving $2.6 million to be deprogrammed in a future CMAQ cycle. The list of projects and rankings are attached as Attachment 3. Attachment 4 is the project descriptions for projects being considered for deprogramming or partial deprogramming. At their meeting of September 12, 2008, the Technical Advisory Committee (TAG) recommended the deprogramming of the SunLine projects, totaling $2.8 million. 17 51 �VAG COACHELLA VALLEY ASSOCIATION of GOVERNMENTS • Blythe • Cathedral City • Coachella • Desert Hoc Spnnos • Indian Wells •Indio • La auinta • Palm .Desert- • Palm Sonngs • Rancho Mirage County of Riverside • Ague Caliente Band of Cahuilla Indians • Cahazon Band of Mission Indians • Torres Marvnez Desert Cahuiila Indians • July 30, 2008 Anne Mayer, Executive Director Riverside County Transportation Commission 4080 Lemon Street, 31" Floor P.O. Box 12008 Riverside, CA 92502-2202 Dear Anne: The Coachella Valley Association of Governments, (CVAG) respectfully requests Riverside County Transportation Commission (RCTC) enter into a Memorandum of Understanding with the Califomia Department of Transportation (Ca!trans) for the repayment of CVAG's CMAQ reimbursement disallowed by the February 2008 incurred cost audit. On July 28, 2008, the Executive Committee of CVAG directed me to prepare a letter requesting RCTC's consideration to enter into a MOU with Caltrans. The MOU between ROTC and Caltrans would allow for an altemate payment option to Caltrans and with RCTC's assistance, would allow CVAG to partially address repayment of the SunLine Services Group (SSG)/SunLine Transit Agency $4,789,522 portion of the $5,189,968 disallowable claimed costs in the May 2007 Caltrans Audit of SSG/SunLine. The CVAG Executive Committee's action also included an emphasis that RCTC deprogram SunLine projects that are programmed to receive federal funds in the current CMAQ (SAFE I EA-LU) cycle. Four projects were awarded to SunLine in the 2007 CMAQ SAFEfEA-LU call for projects, totaling $2,810,827. Thank you for your consideration of our request. --Sin�reiY, iv /John M. Wohlmuth `j Executive Committee C 18 ATTACHMENT 1 7 3 710 Free Waring Drive, Suite 200 • Palm DeseS2CA 92260 • (760) 346-1 127 • FAX (7601 340-5949 AU6/01Y2008/111 07`09 PR SALK TRANSIT FAX No. 760'343-3097 A Public' Ageney August 1, 2008 BY FAX AND REGULAR MAIL, Anne Mayer Riverside County Transportation Commission 4080 Lemon Street, Third -Floor Riverside, CA 92502-2208 Dear Anne: P. 002 MEMBERS Desert Hot Splines Renetur Orme -inda0 Patin Springs Palm Desert Coechela: Cathedral City IndianiiVetls Riverside County Ls' :l inla The Board of.Directors .of SunLine Services Group just tnet on July 30, 2008 to receive my report in closed scission concerning .RCTC's 4rwolvelnsnt in the: issues arising from the Coltrane audit of street sweeping .senricesbetween CVAG and SunLine :Services .Group: SSG's Board of Directors has asked me .ta: elate its preference that ROTC not :becorne involved in this =issue at %least at the present time — in order to give CVAG and SSG an opportunity to attempt to jointly resolve fmancial impacts raised by Caltrans:audit. SSG requests that RCTC refrain from centering into an MOU with Caftans to pay the audit costs. if needed in Vie future, RCTC can become involved, but CVAG and SSG have not yet explored between themselves potential ways of dealing with these issues. We are In the process of setting up a meeting In the near future and appreciate your understanding to,allow :us to attempt a joint resolution that will not require RCTC to enter into an MOU with Caltrans. Sincerely, r ' C. Mikel Ogles General Manager 32.505 Harry Oliver Pail Thousand Palms, CA 92276 Ph 760-34'3-W66 Fax 760-34'3-0576 www. sunJme_ ATTACHMENT�2 19 53 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS CMAQ SAFETEA LU PROPOSAL. RANKINGS October, 2007 Project No. Juris. _ Description Points, Awarded Cost Cumulative Total 1023 C Grade Separations 23 S10,180,000 $10,180,000 1002 COR Traffic Signal installation/Interconnect 20 $1,080 000 $11,260 000 1010 PD Traffic Congestion & Delay Reduction 20 $1,565,700 $12,825,700 1003 Indio Traffic Signal Installation/Interconnect 19.5 $789,690 $13,615,390 1017 PD Traf. Con.,Delay Red. & Pedestrian, Fac. 18.5 $619,700 : $14,235,090 1006 DHS Traffic Signal Installation/Interconnect 18 $457,610 $14,692,700 1001 COR Traffic Congestion &Delay Reduction 17.5 $2,000,000 $16,692,700 1018 PD Traffic Signal Installation/Interconnect 17 $752,000 $17,444,700 1012 PD Traffic Congestion & Delay Reduction 16 $1,100,000 $18,544,700 1024 PS Traffic Signal Installation/Interconnect 16 $1,843,046 $20,387,746 1011 PD Traffic Congestion & Delay Reduction 15 $686,700 $21,074446 1028 S/iine Transportation Demand Management 14 $663,975 $21,738,421 1020 CC Traffic Signal Installation/Interconnect 14 $223,829 $21,962,250 1013 PD Traffic Signal InstaLlation/Interconnect 13.5 $202,000 $22,164,250 1025 S/line Public Transit -Op. of New Transit Bus Serv. 12.5 $309,855 $22,474,105 1007 LQ Traffic Signal Installation/Interconnect 10 $177,060 $22,651,165 1026 Shine Public Transit -Purchase of Buses 8.5 $734,799 $23,385,964 1027 &line Public Transit -Purchase of Buses 8.5 $1,102,198 $24,488,162 1014* PD Bicycle Facilities 6 $3,135,000 $27,623,162 Reg. PM10 Street Sweep. Equip. $2,000,000 $29,623,162 PM10 Prof. PM10 Soil Stabilization & PM10 Windbreaks 11 $301,000 - $29,924,162 1016 PD 1005 DHS PMIO Paving 9 $314,353 $30,238,515 1021 CC PMIO Soil Stalilization 8 $138,397 $30,376,912 1004 Indio PM10 Vehicle Replacement 7 $233,200 $30,610,112 * Project 1014 CMAQ request not fully funded, $5,135,000 request. r n 4 ATTACHMENT 3 • • COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS CMAQ CALL FOR PROJECTS Project # 1014 Agency: CMAQ Request: Project Name: Project Description: Project # 1025 Agency: CMAQ Request: Project Name: Project Description: Project # 1026 Agency: CMAQ Request: Project Name: Project Description: Project # 1027 Agency: CMAQ Request: Project Name: Project Description: Project # 1028 Agency: CMAQ Request: Project Name: Project Description: Bicycle Facilities - PARTIAL FUNDING ONLY City of Palm Desert $5435 40 FUNDING ONLY $3,135,000 Mid -Valley Bike path Approx. 6.0 miles of Class 1 bike path - northern City limits between Washington Street and north of Monterey Avenue. Public Transit - Operation of New Transit Bus Service SunLine Transit Agency $309,855 Fred Waring Corridor Express Bus Service Demonstration Project Provide limited express service from the Indio Transfer Location to the Transfer Location on Town Center Way with service to the College of the Desert and limited stops along the corridor. Public Transit - Purchase of Buses SunLine Transit Agency $734,799 CNG Bus for the Fred Waring Express Bus Service Purchase Two (2) CNG 40 foot fixed route buses for providing limited express bus service from the Indio Transfer Location to the Town Center Way Transfer Location with limited stops and service to the College of the Desert. Public Transit - Purchase of Buses SunLine Transit Agency $1,102,198 Low Floor CMG Bus for Comprehensive Operational Analysis (COA) Recommended Service Purchase Three (3) CNG 40 foot fixed route buses that will be used in providing bus service on new routes based on recommendations from the COA. The buses will be deployed on Lines 92 and 93 in the unincorporated communities of Mecca, Oasis, and Thermal. Transportation Demand Management SunLine Transit Agency $663,975 Transfer Hub/Location at SunLine's Head Office in Thousand Palms Develop and construct a transit hub at SunLine's head office in Thousand Palms. 55 ATTACHMENT 4 TRANSIT ARENS Sendng the Desert Sint. 1977 APublic :Ageney November 19, 2008 85845 CB/SM ATTACHMENT MEMBERS: Desert Not Springs Palm Springs Cathedral thy Rancho. Mirage PahaOesert. Indian Wells La (Meta Indio Coachella Riverside County Cathy Bechtel Project Development Director RCTC 4080 Lemon Street, Third Floor Riversides CA 92502-2208 ree8el NOV 2 1 Mae SRNN' RANPOOATIOCOqM SON Dear Cathy: As follow up to our phone conversation today, I wanted to outline the concerns with the RCTC created staff report to the Budget and Implementation Committee dated November 24, 2008 that we discussed. The second paragraph of the staff report has some inconsistencies that may have arisen from an attempt to summarize the long drawn out process of the audit. 1 think that it is important that the following information be corrected: 1. SSG was not formed by SunLine to provide street sweeping. The FTA did not want taxi regulated by SunLine, so SSG was created. 2. Although the CVAG audit cited that there were unsigned agreements and lack of agreement provisions, that issue was raised in the CVAG audit, not in the audit of SSG. In addition, I think that it is important that people know the timeframe of the audit, which covered a period from 1999 to 2004. This will show that this is a clean-up of an old problem. The proposed Line 54 will not go into service in January. SunLine will continue to seek additional funds to fully fund capital projects, including utilizing Prop 1 B for revised projects. Sincerely, C. Mikel Ogles General Manag 32-SOS Harry Oliver Trail, Thousand Palms, California 92276 Phone 760-343-3456 Fax 760-343-3845 www.sunline.org 56 • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: December 10, 2008 TO: Riverside County Transportation Commission FROM: Budget and Implementation "Committee of the Whole" Technical Advisory Committee Grace Alvarez, Staff Analyst Shirley Medina, Programming and Planning Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Transportation Enhancement Application Revision for the Perris BUDGET AND IMPLEMENTATION "COMMITTEE OF THE WHOLE', TECHNICAL ADVISORY COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to approve the Transportation Enhancement (TE) Application Revision for the Perris Valley Line (PVL) Greenway Corridor project. BACKGROUND INFORMATION: In 2005, the PVL Greenway Corridor project was one of the 18 projects awarded federal Transportation Enhancement (TE) funds from the 2005 TE call for projects. The PVL Greenway Corridor project was approved for $1,113,212 of TE funds. The Commission's Commuter Rail Department proposed the PVL Greenway Corridor project as an effort to improve the surrounding areas of the future commuter rail stations of the PVL and make the stations more pedestrian friendly. The original TE application included landscaping, sidewalks, and fencing along Watkins Drive near the University of California Riverside (UCR) station, Moreno Valley March Field station, and the Downtown Perris Station. As the PVL progresses with preliminary engineering, including the station design plans, it has been determined that the project can be improved by incorporating pedestrian and bicycle access and other amenities at the stations instead of the right-of-way improvements. Moreover, it has been identified that the right of way improvements at both Moreno Valley March Field and at the Perris Downtown stations will be more complicated than previously envisioned. Therefore, Commuter Rail staff is proposing modifying the existing PVL Greenway Corridor Project to reduce the right-of- way improvements from the three locations to only Watkins Drive near the UCR station, and to use the savings from the other two stations right-of-way improvements to expand the pedestrian facilities and amenities at all five of the rail stations, which include Palymrita, UCR, Moreno Valley March Field, Perris, and South Perris. Agenda Item 8H 57 The new proposal would retain the right-of-way improvements along 3,000 feet of Watkins Drive near UCR with landscaping, a pedestrian/bike path, and fencing, as well as adding enhanced pedestrian shelters, benches, drinking fountains, information kiosks, pathways, scenic enhancements, bike lockers, landscaping, and signage to all five stations along the PVL. The proposed improvements would be above and beyond the basic station concepts that are proposed in the current Federal Transportation Administration (FTA) approved project cost estimates (no additional cost). The PVL Greenway Corridor project scope of work change is consistent with the requirements of the TE grant program; the TE grant and local match will not be impacted. The anticipated start of construction for the PVL and the Greenway Corridor improvements is FY 2009/10. The scope of work change was unanimously approved by the Technical Advisory Committee on October 20, 2008. Financial Information In Fiscal Year Budget: N/A Year: FY 2009/10 Amount: N/A Source of Funds: Federal Transportation Enhancement Funds Budget Ad ustment: N/A GLA No.: N/A Fiscal Procedures Approved: v Ly jav Date: 1 1 /14/2008 Attachment: Revised TE Application Agenda Item 8H • 58 • Transportation Enhancement (TE) Application (PSR Equivalent) TE funds are federal funds and must follow federal funding guidelines and environmental (NEPA) processes. All projects must have an approved eligible application prior to programming. PART ONE: GENERAL PROJECT INFORMATION RTIP TE ITIP TE SHOPP TE PROJECT TITLE: Greenway Corridor Project for the Perris Valley Line IMPLEMENTING AGENCY Administrator/person with day- to-day responsibility for implementing project (Name, tithe, agency, address, phone, fax, email) Sheldon Peterson Rail Manager Riverside County Transportation Commission 4080 Lemon St. 3ro Floor Riverside, CA 92502 (951)787-7928 Fax (951) 787-7920 speterson @ rctc.org (Round dollars to nearest thousands) TE FUNDS REQUESTED Required Local Match TOTAL TE PROJECT COST $ 1.113,000 $ 1.835.000 $ 2.948.000 ❑ TE is a stand-alone project. X TE is part of a larger project. • •005 Person who can answer questions about this application (Name, title, phone, fax, email) Sheldon Peterson Rail Manager (951) 787-7928 Fax (951) 787-7920 soeterson@rctc.org PARTNER (S) (Name, title, agency, address, phone, fax) IF TE IS AN ENHANCEMENT TO A LARGER PROJECT, DESCRIBE LARGER PROJECT (if larger project is programmed, provide PPNO, EA, Project Title; if not currently programmed, describe the project) FTACML-6054(020); EA: 9245320 Perris Valley Line — Reconstruct and Upgrade San Jacinto Branch Line for rail passenger service (Riverside to Perris) Total Project Cost $ 168,000,000.00 (As submitted in FTA document) PROJECT SCOPE OF PROPOSED TRANSPORTATION ENHANCEMENT ACTIVITIES (Describe the project's location, limits of work, size, etc. Not the justification or benefits). The Greenway Corridor project for the Perris Valley Line (PVL) seeks to construct facilities for pedestrians and bicycles, aesthetic landscape and other scenic improvements at the five proposed train stations and a portion of the San Jacinto Branch Line (SJBL) corridor. The objective is to provide enhancements along the SJBL rail corridor by adding station pedestrian and bicycle amenities to stations and providing decorative trees, shrubs and walkways along a portion of the right of way. The section identified for scenic improvement totals 3,000 ft and is defined as follows: Watkins Drive (3,000 ft) Spruce St to Valencia Hill Dr in Riverside Detailed description of Landscaping Improvements to be funded by Transportation Enhancement (TE) Grants: • 1 Medium tree every 10 feet • 10 foot wide landscaping area • Half of landscaping is ground cover, half is shrubs • Add bike/pedestrian path along one side for entire length (Class 1) • Add 6' tall chain link fence with vinyl slats along Watkins segment to screen tracks • or add 6' tall decorative steel bar fencing for same segment Detailed description of Infrastructure Improvements to be funded by Transportation Enhancement (TE) Grants: • Themed Pedestrian Shelters • Themed Bus Benches and Waiting areas • Drinking Fountains lication 59 Page 1 • Trash receptacles • Route Map Displays/Informational Kiosks • Comprehensive "transit lifestyle" information kiosks, • Paved pedestrian walkways and linkages • Scenic enhancements to project and interface with other phases • Omamentai fencing • Bike lockers/racks • Landscaping, raised planters and associated irrigation system • Extensive site landscaping • Public Art/Historic Education • drought -resistant plantings • Signage and directional arrows • Incremental costs for custom designed solar -powered lighting fixtures • "Wi-Fi" internet hot spots for security and transit information • Themed decorative lighting NEED AND PURPOSE (Describe how project above is beyond a standard transportation project) The current state of the SJBL rail corridor, is desolate and an eyesore for the local communities. The Greenway Corridor Project will take a portion near the UCR Station and transform it into a green corridor that will complement the otherwise well maintained streets where the rail corridor parallels it. Additionally, with five new stations planned along the PVL Corridor amenities are needed to accommodate projected pedestrian and bicycle patronage. Shelters will provide protection from the sun and rain for those who walk, bicycle or utilize connecting transit to access the station. Benches will accommodate those awaiting their connections, providing comfort and convenience for those who do not drive and bike lockers and racks will further promote the increasing numbers of commuters utilizing this healthy and green commuting alternative. These enhancements will increase access options to stations and functionality, thereby increasing riders for the PVL service and aide in community acceptance of the PVL service operating in neighborhoods. This beautification and facility enhancement project will involve the local jurisdiction and community working with RCTC on the design and maintenance of the landscape and scenic improvements to provide for safe operation of the railroad corridor while reflecting the characteristics and culture of the community. The current use of the site is railroad right of way. As such the, only requirement is to maintain the property and abate any weeds. With the new stations constructed as part of the PVL project, there will be some improvements required, but by no means will the project be required to landscape portions of the rail corridor outside of the station areas. This project seeks improvements both inside and outside the station areas which are not standard mitigation nor are they in lieu of standard mitigation requirements. RELATIONSHIP (TE projects must have a relationship to surface transportation; describe relation to surface transportation) The Perris Valley Line project seeks to extend Metrolink commuter rail service from Riverside to Perris via Moreno Valley along the SJBL rail corridor, extending the existing Metrolink 91 Line, which is part of the Southern California Regional Rail Authority (SCRRA). The PVL project anticipates attracting 4,000 daily trips. The Greenway Corridor Project will directly improve the functionality, transportation aesthetics and scenic value of the SJBL rail corridor and its stations. These enhancements will improve access points along the route and attract additional riders to the PVL service. The Project has been incorporated into the approved 2008-2011 Riverside County Transportation Commission Commuter Rail Short Range Transit Plan. It is shown in the Riverside County Transportation Commission (RCTC) Sub -Regional Transportation Plan, and also shown in the Southern California Association of Government (SCAG) Long Range Transportation Plan. The project is supported and authorized by the following governmental agencies and listed in their Local, Sub -regional, Regional and State Transportation Plans and Programs: • Riverside County Transportation Commission Commuter Rail Short Range Transit Plan (SRTP) • Riverside County Transportation Commission (RCTC) Transportation Improvement Plan (TIP) • Southern California Association of Government (SCAG) Regional Transportation Plan (RTP) • Southern California Association of Government (SCAG) Regional Transportation Improvement Program (RTIP) CONFORMANCE (Describe conformance with Route Concept Report or Transportation Corridor Report and District System Management Plan - ITIP projects only) TE Application Jan. 2005 N/A • • Pag• e 60 • • •2005 CONTEXT SENSITIVE SOLUTIONS (Describe how project reflects Director's policy - ITIP projects only) N/A ALTERNATIVES CONSIDERED N/A WHICH OF THE 12 TE CATEGORIES DOES THE PROJECT ENCOMPASS? (May be more than one.) http://www.dot.ca.gov/ho/TransEnhActfTransEnact.htm Item #1. Provision of facilities for pedestrians and bicycles. Item #5. Landscaping and other scenic beautifications. licalion PROJECT LOCATION MAPS (Provide Location Map of project in State/Region and Area Specific Map) Map of Southern California showin • location of Perris Valle Line Fontana £00*. t%tTre tionar'f?drk sc U ndido" " ert DesSrarr�Paal t} E- EscosIPwl El CajonI, `' EI Centro �: �==;Fecere ' _ [..Mexicali,^ 61 itnaaa v"‘i p i ;Kin V leY * ,. Cue^r s San dui 0, Guadalupe -Victoria l Page 3 Map showing the Perris Valley Line and Stations TE Appficaiion Jan. 2005 Map showing the Perris Valley Line Greenway Corridor Location • Page 62 0 PART TWO: FUNDING pared by: Sheldon Peterson Title: Rail Manager Agency: Riverside County Transportation Commission Phone: 951-787-7928 FAX: 951-787-7920 PROJECT COMPONENT COSTS (round to nearest $1,000s) RTIP ITIP SHOPP • E&P (PA&ED) $ $ $ • PS&E $ $ $ • Right of Way Capital $ $ $ • Right of Way Support` $ $ $ • Construction Support` $ $ $ • Construction Capital $1,113 $ $ Proposed year of Construction 10/09 (MM/YY) TOTAL PROJECT COSTS $2,948 "Right of way Support and Construction Support are for Caltrans implemented projects only PRELIMINARY ITEM ESTIMATE - CONSTRUCTION CONTRACT ITEMS ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT 1 24"TREE EACH 1,000 $300.00 $300,000.00 2 36" TREE EACH 300 $850.00 $255,000.00 3 PALM TREE (25' TALL) EACH 80 $1,300.00 $104,000.00 • 54 SHRUBS SF 60,500 $1.80 $108,900.00 GROUND COVER SF 60,500 $1.25 $75,625.00 6 PATH/PUBLIC ART SY 9,200 $45.00 $414,000.00 7 FENCE LF 3,000 $50.00 $150,000.00 8 THEMED PEDESTRIAN SHELTERS EACH 5 $50,000.00 $250,000.00 9 THEMED BUS BENCHES AND WAITING AREAS EACH 25 $600.00 $15,000.00 10 DRINKING FOUNTAINS EACH 5 $1,800.00 $9,000.00 11 TRASH RECEPTACLES EACH 25 $200.00 ,000.00 12 ROUTE MAP DISPLAYS/INFORMATIONAL KIOSKS EACH 5 $2,000.00 $$5$5,000.00 13 'TRANSIT LIFESTYLE' INFORMATION KIOSKS EACH 5 $10,000.00 $50,000.00 14 STAMPED COLORED CONCRETE SF 9,000 $7.50 $67,500.00 15 SCENIC ENHANCEMENTS (STATIC AIRCRAFT DISPLAY) EACH 1 $50,000.00 $50,000.00 16 ORNAMENTAL FENCING LF 2,500 $85.00 $212,500.00 17 BIKE LOCKERS/RACKS EACH 25 $1,600.00 .00 ,000 $40 18 LANDSCAPING, RAISED PLANTERS AND IRRIGATION EACH 30 $562.50 $40,000.00 19 EXTENSIVE SITE LANDSCAPING SF 10,000 $2.00 $20,000.00 20 PUBLIC ART/HISTORIC EDUCATION EACH 2 $25,000.00 $50,000.00 21 DROUGHT -RESISTANT PLANTINGS SF 10,000 $2.00 $20,000.00 22 SIGNAGE AND DIRECTIONAL ARROWS EACH 50 $200.00 $10,000.00 23 SOLAR -POWERED LIGHTING FIXTURES EACH 50 $1,500.00 $10,000.00 24 "WI-FI" INTERNET HOT SPOTS EACH 5 $2,500.00 $12,500.00 25 THEMED DECORATIVE LIGHTING EACH 50 $750.00 $37,500.00 CONTINGENCY (25%) $589,600.00 TOTAL CONSTRUCTION CONTRACT ITEMS $2,948,000.00 11102005 licalion 63 Page 5 MAINTENANCE (The enhancement must be maintained in a functional and operational manner as its intended purpose for the expected life cycle for the type of project. If it is not maintained in such a manner, reimbursement of all or portion of the enhancement funds may be required). Who will maintain? RCTC has contractors for landscape maintenance and station cleaning for its train stations and will expand the contract to inclu these areas. What is the source of maintenance funds? RCTC will pay for maintenance and cleaning with LTF funds. If project is within Caltrans right of way, must be signed by Deputy District Director, Maintenance DDD Maintenance: Date: TE Applicalion Jan. 2005 Page 64 PART THREE: ASSURANCES • This page must be signed for the project to be considered for funding. Project Implementing Agency possesses legal authority to nominate this transportation enhancement and to finance, acquire, and construct the proposed project; and by formal action (e.g., a resolution) the Implementing Agency's governing body authorizes the nomination of the transportation enhancement, including all understanding and assurances contained therein, and authorizes the person identified as the official representative of the Implementing Agency to act in connection with the nomination and to provide such additional information as may be required. Project Implementing Agency will maintain and operate the property acquired, developed, rehabilitated, or restored for the life of the resultant facility(ies) or activity. With the approval of the Califomia Department of Transportation, the Implementing Agency or its successors in interest in the property may transfer the responsibility to maintain and operate the property. Project Implementing Agency will give the California Department of Transportation's representative access to and the right to examine all records, books, papers, or documents related to the transportation enhancement activity. Project Implementing Agency will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the Americans with Disabilities Act, the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation, CTC Guidelines, FHWA Transportation Enhancement Guidance and any other federal, state, and/or local laws, rules and/or regulations. If TE funds or projects are used for other than the intended enhancement purposes as defined by federal or state guidelines, the implementing agency may be required to remit all state and federal enhancement funds back to the state. I certify that the information contained in this transportation enhancement activity application, including required attachments, is accurate and that 1 have read and understand the important information and agree to the assurances on this form. • Signed Date (TE Administering Agency Representative) 41112005 Printed (Name and Title) Administering Agency Upon receiving an eligibility determination, a Project Nomination Sheet must be submitted to the District for programming. licatlon 65 Page 7 • RIVERS/DE COUNTY TRANSPORTATION COMMISSION DATE: December 10, 2008 TO: Riverside County Transportation Commission FROM: Budget and Implementation "Committee of the Whole" Lisa DaSilva, Capital Projects Manager Mark Massman, Bechtel Project Manager Robert Wunderlich, Bechtel Project Coordinator THROUGH: Anne Mayer, Executive Director SUBJECT: Agreement with URS Corporation for the Development of Plans, Specifications, and Cost Estimate for the Interstate 215 Widening Project from Murrieta Hot Springs Road to Scott Road, North of the City of Murrieta BUDGET AND IMPLEMENTATION "COMMITTEE OF THE WHOLE" AND STAFF RECOMMENDATION: This item is for the Commission to: 1► Award Agreement No. 09-31-045-00 to URS Corporation to perform final engineering services and prepare plans, specifications, and cost estimates (PS&E) for the 1-215 widening project from Murrieta Hot Springs Road to Scott Road, north of the city of Murrieta, based on the attached project scope and cost for the base amount of $3,372,139 plus a contingency amount of $377,861 to cover potential changes in scope for a total not to exceed amount of $3.75 million; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3) Authorize the Executive Director or designee to approve contingency work as may be required for the project; and 4) Authorize the Executive Director the option to request a proposal from URS Corporation to provide PS&E services for the 1-215 widening project from Scott Road to Nuevo Road in the city of Perris, if URS Corporation's performance is acceptable in completing the PS&E work for the 1-215 widening project from Murrieta Hot Springs Road to Scott Road, and to bring back a recommendation to the Commission for PS&E contract award. Agenda Item 81 66 BACKGROUND INFORMATION: At its July 11, 2007 meeting, the Commission awarded Agreement No. 08-31-006-00 to Post Buckley, Schuh and Jerrigan, Inc. (PBS&J) to provide preliminary engineering services for the preparation of Ca!trans project reports and environmental documents (PR/ED) for the proposed improvements to the I-215 corridor, from the 1-215/1-15 interchange to Nuevo Road in the city of Perris. The 1-215 widening project from Murrieta Hot Springs Road to Scott Road is partially funded with Corridor Mobility Improvement Account (CMIA) funding, which requires that the project must be awarded for construction prior to 2011. This project is part of a larger segment of the 1-215 widening project from the 1-15/1-215 interchange to Nuevo Road. To expedite the completion of the CMIA funded 1-215 project from Murrieta Hot Springs Road to Scott Road, the 1-215 project from Scott Road to Nuevo Road is being executed as a separate project. PBS&J is providing separate PR/ED for each project. The PR/ED for the 1-215 project from Murrieta Hot Springs Road to Scott Road is proceeding on schedule and is scheduled to be completed by December 1, 2008. Selection Process At its October 8, 2008 meeting, the Commission approved a ranked list of consultant firms for placement on the on -call list for engineering and environmental services for Measure A highway projects. The Commission also authorized staff to enter into negotiations with the firms on the list as new consultant services are required, with the condition that final contracts will be individually returned to the Commission for approval. The first ranked firm on the approved on -call list is URS Corporation. Commission staff requested that URS Corporation submit a scope, cost, and schedule proposal for the PS&E work for the 1-215 widening project from Murrieta Hot Springs Road to Scott Road. Staff has reviewed the scope of work and cost proposal and has completed negotiations with URS Corporation. The final scope, cost, and schedule documents are attached. The PS&E schedule duration is 18 months. Staff recommends that Agreement No. 09-31-045-00 be awarded to URS Corporation to perform final engineering services and prepare PS&E for the 1-215 widening project from Murrieta Hot Springs Road to Scott Road, based on the attached project scope and cost, for the base amount of $3,372,139 plus a contingency amount of $377,861 to cover potential changes in scope for a total not to exceed amount of $3.75 million. Agenda Item 81 67 • • • Staff further recommends that the Commission authorize the Executive Director the option to request a proposal from URS Corporation to provide PS&E for the 1-215 widening project from Scott Road to Nuevo Road in the city of Perris and to bring back a recommendation to the Commission for PS&E contract award, should URS Corporation's performance be acceptable in completing the PS&E work for the 1-215 widening project from Murrieta Hot Springs Road to Scott Road. While a budget amendment is not required for this contract, staff intends to transfer $1.5 million from the preliminary engineering expenditures included in the FY 2008/09 budget for this project to final design expenditures. Financial Information In Fiscal Year Budget: Yes N/A Year: FY 2008/09 FY 2009l10 Amount: $1, 500,000 $2,250,000 Source of Funds: STIP-RIP & FY 2009/2010 Measure A (commercial paper) Budget Ad ustment: Yes N/A GLA No.: 262 31 81102 P3022 $1,500,000 262 31 81 101 P3022 < $1, 500,000 > Fiscal Procedures Approved: \Y4wu014�+ivrae Date: 1 1 /14/2008 Attachments: 1) Scope of Work 2) Cost Proposal 3) PS&E Schedule Agenda Item 81 68 • EXHIBIT A PSBE SCOPE OF WORK I-215 WIDENING PROJECT FROM MURRIETA HOT SPRINGS ROAD TO SCOTT ROAD ADD ONE MIXED FLOW LANE IN EACH DIRECTION RIVERSIDE COUNTY, CALIFORNIA PROJECT OF161 Prepared for Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, Califomia 92501 November 2008 Prepared by URS URS Corporation 2020 East First Street, Suite 400 Santa Ana, CA 92705 (714)835-6886 Fax: (714) 433-7701 69 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project TABLE OF CONTENTS SECTION PAGE 1. PROJECT DESCRIPTION AND ASSUMPTIONS 1 2. PROJECT SCOPE 2 3. NON-STANDARD MANDATORY AND ADVISORY DESIGN FEATURES 3 4. ASSUMPTIONS IN ADDITION TO THE PROJECT DESCRIPTION 4 FIELD INVESTIGATIONS- ERROR! BOOKMARK NOT DEFINED. GEOTECHNICAL ENGINEERING DESIGN SERVICES ERROR! BOOKMARK NOT DEFINED. PROJECT DELIVERY: 6 GENERAL REQUIREMENT: 6 DATA COLLECTION: 6 57. DETAILED SCOPE OF WORK 7 5.1 100. PROJECT MANAGEMENT 7 5.2 185 PLANS, SPECIFICATIONS, & ESTIMATE (PS&E) AND CONTRACT SUPPORT 9 5.3 230 ROADWAY PLANS 13 5.4 240 STRUCTURES PS&E ELEMENTS 19 5.5 250-255 FINAL STRUCTURES AND ROADWAY PS&E PACKAGE 22 5.6 265 CONTRACT AWARD SUPPORT 25 5.7 270 CONSTRUCTION SUPPORT 25 1 70 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project 1. PROJECT DESCRIPTION AND ASSUMPTIONS The following scope of work is our planned effort to prepare the Plans Specifications and Cost Estimate (PS&E) for the addition of one Mixed Flow (MF) lane in each direction between Murrieta Hot Springs Road and Scott Road (Caltrans Project EA OF161) (the Project). The California Department of Transportation (Caltrans) Work Breakdown Structure (WBS) is the basis for most project tasks and will be used to link the scope, cost, and schedule components of the work effort. The work will be performed using the current Caltrans guidance provided in documentation such as the PDPM, HDM, CADD Manual, RTL Guide, PS&E Guide, Bridge Design documents, Standard Plans, Standard Specifications, TMP Guide, etc. It is noted that, due to the nature of the project scope, that the Client has requested that several Sheet types be combined on a single set of sheets. These combinations are noted in the following scope of services. The activities listed in this scope of work are intended to be delivered to support the 30%, 60%, 90%, and 100% reviews that are typically used by Caltrans to review Agency lead PS&E packages. The delivery approach is summarized in Table 1, Deliverables. Table 1. Deliverables W13S 230.05.05 Deliverable xa... •,'r.. �_ Title Sheet Sheet COunt Milestone Delivery Points 30% " 60%' .90% �x 100% r ' s x x x 230.05.10 Typical Cross Sections x x x x 230.05.15 Key Map and Index x x x x 230.05.20 Layouts, Profiles Superelevation, and utility x x x x 230.05.30 Construction Details x x x 230.05.40 Summary of Quantity Sheets x x x 230.05.55 Select Standard Plans x x 230.05.60 Stage Construction Traffic Handling and Detour Plans x x x 230.05.65 Water Pollution Control Plans x x x 230.15.05 Signing and Pavement Delineation Plans and Details x x x 230.15.10 Construction Area Signs x x x 230.15.15 Keller Lighting Illumination x x x 230.15.20 MHS Ramp Metering Plans x x x 230.25.05 Storm Water Pollution Prevention Plan (SWPPP) x x x 230.30 Draina a Plans radin tans Drama a Profiles and x x x #fa 230.35 Standard Special Provisions (SSPs) x x . x 230.40 Quantities & Cost Estimate x x x 240.50 Draft Structure PS&E x 240.55 Foundation Plan x x 240.75 General Plan (Type Selection) x x x 240.85 Structure Plans x x 240.90 Structures Cost Estimate and Seclal Provisions x x %tb`PP 4 ` `,F.r r*;_ �'_K. „`x- + ._v'v,. `..,. Hydrology and Final Hydraulic Reports _.c ",z; '';," _.m •,-;'"„: Draft r.� Fina x ..,;.., ;; 185.20.10 185.20.15 Geotechnical Design Report Draft Fina 185.20.20 Pavement Design Report Draft Fina 185.20.25 Materials Report & Structural Section Recommendation Draft Fina 230.20 Traffic Management Plan (TMP) Draft Fina 230.60.05 Storm Water Data Report Draft Fina 230.65 Resource Agency Permits Fina 235.10 Site Investigation for Hazardous Waste 235.10 ADL Report 240.80 Foundation Report Draft Final 250 Final Structures PS&E x 255 Final Roadway PS&E x 260 Environmental Certification x 1 71 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project 2. PROJECT SCOPE The PS&E Estimate is based on the following elements for project OF161 (from Murrieta Hot Springs Road to Scott Road): • The existing segment of I-215, from approximately 950 feet south of Murrieta Hot Springs Road to Scott Road, will be widened from four MF lanes (two lanes in each direction) to six MF lanes (three lanes in each direction). The additional MF lane in each direction will be constructed in the existing median. All six lanes will be 12 feet in width. Both directions of flow (northbound and southbound) will typically have ten -foot wide inside and outside shoulders. The shoulders will be reduced to an eight foot shoulder at bridge locations (see non standard mandatory and advisory design features discussion below for details). • Drop lanes at both the north and south ends of the project will be necessary in order to transition from the proposed three lanes to the existing two lanes at each end of the project. The lanes will transition away from the median to tie into the existing facility. On the north end, the outside lane will be aligned with the existing Scott Road northbound off -ramp. On the south end, the outside lane will be aligned with the existing Murrieta Hot Springs Road southbound off -ramp. • The existing lanes of I-215 within the project limits, including the shoulders, will be overlaid with HMA pavement. • In areas where there is an existing crown on the roadway, the number one lane (lane closest to the median) will be re -contoured to provide a consistent cross fall from the inside to the outside. This extends along northbound I-215 from approximately stations 89+00 to 121 +00 and 247+00 to 270+00. In the southbound direction these areas will extend from approximately stations 89+00 to 102+00 and 246+00 to 281+00. • Best Management Practice (BMP) features that include modifications to the existing, or the installation of new water quality control features, will also be included as part of the project at select locations where identified benefits outweigh impacts. • At the existing Keller Road undercrossing (UC) the bridges will be widened into the median to support the new MF lanes. • A concrete center median barrier will be installed. • Drainage inlets within the median will be abandoned and interfering portions will be removed. The roadside swales (BMPs) will be utilized to convey both stormwater quality flows and peak flows, and existing flow patterns will not be altered. In the limited areas where superelevated sections will be applicable, Department requirements for the flow, spread and inlet spacing will be followed. These areas are limited to three locations just north of Clinton Keith Road. 72 tes For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project 3. NON-STANDARD MANDATORY AND ADVISORY DESIGN FEATURES At the time of the Draft Project Report (DPR) there are two advisory nonstandard features associated with this alternative that are described in Table 2. These nonstandard features are being documented for approval in a Fact Sheet for Exceptions to Advisory Design Standards. Table 2. Advisory Design Standards Minimum grades HDM Section 204.3 Minimum median width HDM Section 305. 1(1) (a) 0.3% 36 feet From "A" Station 70+25 to Station 72+75: 0.29% From "A" Station 258+00 to Station 273+00: 0.125% Throughout project limits: 22 feel Project will maintain existing vertical alignment Project scope involves inside widening only and no outside widenin• At the time of the DPR there are six mandatory nonstandard features associated with this alternative that are described in Table 3. These nonstandard features are being documented for approval in a Fact Sheet for Exceptions to Mandatory Design Standards. Table 3. Mandatory Design Exceptions ,A �.. �':' +. ? '' i Manila ry131 f4 �.""'1s P �{ St ijdacl s� n'� erg •`ztld? �'�.i�'i�Rk„� a4r o Horizontal Slopping Sight Distance HDM Section 201.1 930' For R=6037', "A" Sta. 148+36.84 to Sta. 183+51.54 southbound, clearance = 10' and will not meet SSD For R=2963', "A" Sta. 208+70.92 to Sta.224+64.86 northbound, clearance = 10' and will not meet SSD Project will maintain existing horizontal alignment and includes inside widening only Curve Radius HOM Section 203.2 3900' R=2963', "A" Sta. 208+70.92 to Sta. 224+64.86 Project will maintain existing horizontal alignment Shoulder Width HDM Section 302.1 i0 7'-1" to 10' left shoulders at Murrieta Hot Springs Road, Los Alamos Road, Clinton Keith Road, and Scott Road OCs; 9'-3" right shoulders at Keller Road UC Project scope involves inside widening only and no outside widening Horizontal clearances HDM Section 309. 1(3)(a) Equal to standard shoulder width, = 10' 7'-1" to 10' to concrete barrier protecting median bridge columns at Murrieta Hot Springs Road, Los Alamos Road, Clinton Keith Road, and Scott Road OCs; 9'-3" to right bridge railings at Keller Road UC Project scope involves inside widening only and no outside widening Vertical clearances for local facilities HDM Section 309.2(1)(c) 15' over traveled way 14'-11" over Keller Road (at Keller Road UC) Project scope does not include bridge replacement for local street improvements 3 73 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project 4. ASSUMPTIONS IN ADDITION TO THE PROJECT DESCRIPTION The following additional assumptions have been made with regard to the proposed project. 1. The Duration of the project to deliver the completed PS&E package is assumed to be 18 months. One PDT meeting and one status meeting between PDT meetings is provided within the Project Management budget for each of the 18 months of service provided. Support for technical meetings will be provided as required. 2. GAD and Fact Sheet (Advisory and Mandatory) approvals and any needed modifications will be addressed under the PANED scope of work. The scope of work included in this estimate assumes that the 1st draft GAD and Fact Sheet submittal will remain the project approach and that the GAD will be approved no later than two months after NTP for the PS&E. 3. All roadway improvements will be constructed within the existing median. 4. There are no noise walls or retaining walls required. 5. No utility work or right of way acquisition is anticipated under the Proposed Build Alternative and no utility coordination or separate utility sheets will be required. Utility locations will be shown on the layout sheets. At this time we believe that the utilities are sufficiently removed from the work area such that potholing should not be required. 6. The Keller Road Undercrossing is the only structure to be modified and the only modification is a widening of the structure to fill the current gap between the left and right bridges. It is further assumed that seismic retrofit will not be required for the existing structure. 7. There are no modifications or improvements of the ramps and structures for the interchanges within the project limits. 8. Additional typical cross sections will only be required where changes to the structural section occur. 9. It is assumed that the Project Report (PR) and Environmental Document (ED) will be approved by December 2008 and that no major modifications will be required during PS&E. 10. The BMP approach discussed and shown in the set of project documentation approved with the April DPR and May IS/MND will be the approved BMP approach. 11. The existing drainage system will be maintained with the exception of the removal of any drainage systems in the median. 12. No planting, landscape or irrigation plans will be required. 13. No material sites will be required for the project. 74 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project 14. No electrical modifications or improvements for signals, ramp meters, loops, etc. will be required with the exception that pedestrian lighting is assumed to be required for the Keller Road UC after it is widened, and ramp meters are proposed at Murrieta Hot Springs Road. 15. The current mapping developed under the current contract will be adequate. 16. Plans will be in English units. 17. There are no hazardous waste issues that will have to be addressed or worked around. 18. No costs are currently included for any permit fees or utility or agency processing fees. 19. Any costs requested by the utility companies for their involvement with the project or utility location work requested to support the project is unknown and not included in this estimate. 20. US Fish and Wildlife approval will be obtained as part of the PA&ED activities and no additional work is anticipated. 21. Allowable period for lane and shoulder closures (for drilling operations) on I-215 mainline is 9:00 am to 3:00 pm. 22. This scope and cost assumes that, if required, no difficulties in identifying appropriate mitigation sites and/or banks will occur during the permit processing. 23. No Consultation for special status species will be required. 24. Any wetland impacts identified will remain at less than 0.5-acre and that a Nationwide 404 permit will be appropriate. 25. The jurisdictional waters will remain primarily as shown in the Natural Environment Study (NES) that was prepared for the proposed project and those discrepancies will result in a change in acreage of no more than ten percent for federal and state waters. 26. Based upon the information in the NES, it is assumed that the project would be processed under the USACE Nationwide Permit Program (NWP). This approach is expected to involve authorization of NWP 14 — Linear Transportation Projects. NWP 14 authorizes the improvement of linear transportation projects, provided that the impacts to jurisdictional waters do not exceed 0.5-acre. 27. If project impacts to jurisdictional waters exceed the USACE NWP thresholds, or if the District Engineer determines that the project would result in a significant adverse impact to the aquatic environment, then an Individual Permit (1P) would be required. Preparation of an IP is not included in this scope of work. 28. 1nRoads cross sections, as generated by the program, will be provided for the Resident Engineer File. These cross sections will be cut every 50 feet and will show a rough OG line and proposed surface. It is assumed that no improvements or betterments to the output files of the InRoads generated cross sections will be required. 5 75 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project 29. It is assumed that any grading information can be shown on the drainage sheets and that separate grading sheets will not be required. 30. Stage construction and traffic handling can be combined and can be shown with one set of layout sheets with appropriate typical sections. 31. It is assumed that the roadside signs, signing and striping can be shown on the pavement delineation sheets. 32. Ramp meters will be required at the Murrieta Hot Springs Road On Ramps (4 locations). Two electrical sheets will be assumed for each location required. 33. No RCTC bid period or construction support is assumed with this scope of work. 34. RCTC will provide a clear description and project/property (i.e., study area) boundaries. The Project "Study Area" includes no more than 300-acres. 35. If possible, RCTC will provide a conceptual site plan on an aerial base that is geographically referenced. 36. RCTC will provide authorization and assist URS in arranging access for site reconnaissance, if necessary. 37. This scope does not include any formal Federal or Califomia Endangered Species Act consultation or special status species focused/protocol level surveys. 38. This scope does not include creation of a compensatory mitigation plan for the Project. 39.1f needed, RCTC can provide a current National Pollution Discharge Elimination System Permit and Storm Water Pollution Prevention Plan that details water quality management measures that ensure that authorized work does not result in water quality degradation. PROJECT DEUVERY: The proposed schedule is attached as Exhibit X and includes a 16 month duration for project completion. GENERAL RECR1ENT: The consultant is expected to prepare all reports, studies and plans to meet all requirements of all oversight agencies, including, but not limited to Caltrans. RCTC staff will provide overall project coordination, and will handle administrative and policy matters. Caltrans and the County of Riverside will provide oversight, guidance and interpretation on matters relating to State, County and City policies and regulations. _. x. _- The project will involve the review and assimilation of a large amount of existing data, and the generation of new data. The consultant will determine what data sources are necessary to gather, URS 6 76 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project and by what date and to prioritize the gathering of that data. RCTC expects that the consultant will make the best use of existing data to minimize waste and duplication of work efforts. 40. DETAILED SCOPE OF WORK This section provides our assessment of the work tasks outlined in the Statement of Work and illustrates our understanding of the relationship between the work task items and the role the individual tasks play with respect to achieving the projects goals, meeting the client's expectations, and the methodology proposed for accomplishing the work. No tasks have been deleted from the Statement of Work provided by RCTC. In addition, where any "Guidance" has been identified, these documents will be followed in the performance of our work. 5.1 100. PROJECT MANAGEMENT 100.15.05 PROJECT INITIATION The Project Initiation activities will be performed under this activity. This will be a follow-on to the previous contract to prepare the PANED for the Project. The team members will be assembled and briefed on the project goals and objectives and the work plan will be fine tuned. 100.15.10 PROJECT MANAGEMENT EXECUTION AND CONTROL This process includes coordinating people and other resources to carry out the plan, and ensuring that the PS&E component objectives are being met by monitoring progress and taking corrective action, when necessary. In addition, this activity will address the planning of and attendance at the monthly Project Development Team (PDT) meetings, trend meetings, technical meetings, and agency coordination meetings. The Consultant will maintain ongoing liaison with the RCTC Project Manager and other affected agencies to promote effective coordination during the course of project development. The Consultant will hold a kick-off meeting with RCTC to confirm the project scope, establish the lines of communications, and set a schedule for project coordination meetings and technical reviews. The kick-off meeting will address the start-up activities to initiate the elements of work. Eighteen (18) monthly PDT meetings will be held to review progress of the project development and to resolve any issues and concerns for Project OF161. In addition to the PDT meetings, eighteen (18) trend meetings are assumed to cover the duration of the project. Additional coordination meetings with RCTC and other representatives from affected agencies will be held throughout the 18 months. The Consultant will prepare a meeting agenda and minutes for each significant meeting and have these available for review within five (5) working days following the meeting. The Consultant will ensure that all work products conform to all applicable standards and policies. The Consultant will prepare and monitor the project budget and schedule. Monthly progress reports with an updated Critical Path Method (CPM) schedule will be prepared. This task also includes the oversight and monitoring of the subconsultants included in the contract as an extension of the URS staff. UPS 77 7 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project SUBTASKS: ■ Status of the project including reporting work results and updating project information. This task includes updating and revising the work plan during PS&E component execution. ■ Communication and distribution of project records and information including responses to all internal and external requests for information about the project. ■ Performing Quality Assurance/Quality Control (QA/QC) • Executing Quality Management Plan • Executing Communication Management Plan ■ Monitoring Risk Management Plan ■ Executing Change Control as required ■ Subconsultant Administration Deliverables: • Project records, using Caltrans Uniform File System ■ Preparation of meeting agenda ■ Preparation of meeting minutes ■ Project management for 18 months for Project OF1 61 • CPM master schedule ■ Monthly schedule updates and progress reports ■ Monthly invoices 100.15.12 PROJECT ]MEETINGS This task includes support for the Project Development Team meetings, the Project Status Meetings, and Technical Meetings up to the funding levels provided. Deliverables: • Up to 18 PDT meetings along with agenda, meeting minutes and support ■ Up to 18 Project status meetings along with agenda, meeting minutes and support ■ Technical meetings as required 100.15.15 PROJECT CLOSEOUT This task includes the process of formally bringing the PS&E component to an end. ■ Finalize any open action items • Closeout project filing system • Sponsor, team, and stakeholder evaluations of the PS&E component • Document lessons learned • PS&E component closeout report Deliverables: • Lessons learned memorandum ■ Archived records 78 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project 100.15.20 QA/QC PROGRAM This activity will include all of the labor related to execution of the project QA/QC program that will be established to support the Project QA/QC activities. Deliverables: • Checklists and report forms consistent with the project QA/QC program ■ Corrective action recommendations, if appropriate 5.2 185 PLANS, SPECIFICATIONS, & ESTIMATE (PS&E) AND CONTRACT SUPPORT 185.10 ENGINEERING SURVEYS Produce the mapping and survey control necessary for PS&E. This supplements the mapping and control surveys that was produced for the Project Report stage. The following scope of work is for surveying services along I-215 between Murrieta Hot Springs Road and Scott Road (approx. 7.8 miles) in support of the inside widening project you are pursuing. This proposal is based upon all tasks being authorized at the same time for the same mobilization period. 185.10.50 CONTROL SURVEYS Horizontal and Vertical corridor control will be established along the 6-mile corridor and will be tied into the North American Datum of 1983 (NAD83 NSRS 2007) and the North American Vertical Datum of 1988 (NAVD88). Existing monuments will be utilized where available and brass cap monuments will be set where no suitable monuments exist. Approximately two to three monuments per mile will be established with Caltrans 2nd order GPS methods, digital levels will be utilized to establish the vertical component. The GPS and digital level data will be downloaded, processed and adjusted. A final report will be prepared which will include a written report, the final adjusted coordinates, calculations and adjustment listings, and copies of the survey field notes. It is assumed that the survey control for this project was performed by David Evans & Associates (DEA) and will be provided by either DEA or the client. Psomas will verify the existing control and densify the control network using a combination of GPS and conventional methods. We will report the results of the verification survey prior to commencing any further survey work. Deliverables: • Draft Survey Control Report • Final Survey Control Report 79 9 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project 185.10.60 ENGINEERING SURVEYS (INCLUDES DRAINAGE INLETS/OUTLETS, ETC.) Design topographic surveys will be performed as requested by the engineering team. Drainage features, bridge structures, walls, surface visible utilities and other surface visible structures will be located with field survey methods. The engineering surveys will utilize both conventional survey methods and 3D Laser Scanning (HDS) as described in 185.10.70. The method to be used will be determined by the survey team based on field conditions and the type of information requested from the engineering team. The topographic survey information will be downloaded, processed and plotted at a scale of 1 "=50' and will be incorporated with the aerial mapping obtained during the PA/ED phase. The final data will be delivered in a Microstation v8 format. Field surveys will be performed along the inside shoulders of the north and southbound I-215 freeway at 50-foot intervals to locate the existing edge of travelled way (ETW) at 1,500 feet/day. We will utilize reflectorless technology to perform this work in order to maintain safety and efficiency. If other methods are required, shoulder or lane closures may be required. However, it is our goal to perform this work without any closures. Psomas will survey and locate existing drainage structures within the existing freeway median. Such features may include drop inlets, catch basins, ditches, headwalls, storm drain lines, etc. This proposal assumes that there will be one feature every 1000 feet along the 7.8 mile alignment, or 40 features total. Psomas will survey and locate the existing inside ETW on each existing bridge at Keller Road. Points will be measured at 10-foot intervals. As the fieldwork is completed, we will process the field work and prepare a point plot of the survey data. Features will be shown and labeled with their respective elevation and description. Deliverables include the related CADD and ASCII point files in digital format. Deliverables: Engineering Surveys in Microstation V8 format 185.10.70 PAVEMENT ELEVATION SURVEYS USING MOBILE HDS SCANNING This work is now assumed to be done under the PA&ED scope of services. 185.20 ENGINEERING REPORTS The following reports will be prepared for the design phase of work. 185 .20.10 HYDROLOGY AND HYDRAULIC REPORT Based on the final drainage design, the Hydrology and Hydraulic Report will be updated. LTELS i o • 80 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project Deliverables: • Draft Hydrology and Hydraulic Report • Final Hydrology and Hydraulic Report 185.20.15 GEOTECHNICAL DESIGN REPORT A Geotechnical Design Report (GDR) will be prepared to describe the project setting and describe any design features that involve geotechnical investigations and engineering geology. The GDR will be prepared in accordance with the Caltrans Guidelines for Preparing Geotechnical Design Reports (2006). The Engineer will conduct a site specific geotechnical investigation and prepare a report to present recommendations with respect to bridge foundations, pavement structural sections and earthwork. Engineer will perform the following tasks: a. Review existing data and any monitoring well data from adjacent areas. Reconnoiter the site to observe existing conditions and determine proposed exploration locations. b. We will prepare a Health and Safety plan for use by field personnel during site investigation activities. The plan will include a map identifying the approximate boring location, boring depth, existing facilities, underground and above ground utilities. The plan will include a tabulation of borings by type, number of samples, sample depths, and summation of borings by type. c. Drill, log, and sample approximately 68 hollow -stem auger borings with depths ranging from 5 to 70 feet. Two borings for the bridge will be advanced to 70 feet, or until refusal, at the support location. Six borings used for potential sign structures will be drilled to an average depth of 40 feet. The remaining 60 borings for pavement subgrade investigation will be drilled to a depth of 5 feet and spaced at 500 feet intervals at the median along the project alignment. Specific locations and sample depths of proposed borings will be finalized during the field investigation. Typically, samples will be collected at 5 feet intervals using either a Standard Penetration Test (SPT) Sampler or a Modified California Sampler. We assumed that the on -site soils are not contaminated and the borings can be backfilled with soil cuttings. The upper five feet of the borings will be backfilled with grout and surfaced with cold -patched asphalt. Excess cuttings will be spread thinly at the site. Obtaining County encroachment permits and coordination with County inspection staff is assumed. It is assumed that this is a prevailing wage project. It is assumed that traffic control will be needed for the field exploration. Obtaining other permits, or insurance is not considered in the geotechnical scope. d. Deflection study of the existing pavement sections will be performed. e. Test soil samples in the laboratory to evaluate index, strength, consolidation, and corrosive properties of the site soils. f. Preliminary design memorandum to be included with the bridge type selection package. At each milestone all elements of a project will be addressed at an appropriate level. Generally, the reports will summarize soil and groundwater conditions including boring logs and laboratory test results, recommendations for earthwork, pavement structure sections, temporary shoring, seismic 11 81 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project parameters, and construction considerations. Foundation type and capacities and Log of Test Boring Sheets for the bridge widening will be included in the Draft and Final Foundation Reports. Seismic criteria for the project will be based on current Caltrans Seismic Design Criteria (2006). Deliverables: • Draft GDR • Final GDR 185.20.20 MATERIALS REPORT Materials Report will provide recommendations for new pavement structural sections and address soil corrosivity. The Materials Report will be prepared in accordance with Topic 114 of the Caltrans Highway Design Manual and CT 130. 1. Draft Materials Report in accordance with Highway Design Manual Topic 114 (2008), Draft Geotechnical Design Report in accordance with Caltrans Guidelines for Preparing Geotechnical Design Report (2006) and Draft Foundation Report in accordance with Caltrans Guidelines for Structures Foundation Reports (2006) to be completed during the Intermediate Design Milestone and submitted with the 65% design package. 2. Final Materials Report, Final Geotechnical Design Report and Final Foundation Report to be completed during the Final Design Milestone and submitted with the 100% design package. Deliverables: • Draft Materials Report • Final Materials Report 185.25.30 UTILITY COORDINATION No utility conflicts have been identified. No utility related activities are included in this scope of work. The utility locations obtained from the PA&ED phase will be shown on the layout sheets only. Deliverables: • Utility locations shown on the layout sheets. 185.30.10 SITE PLANS FOR BRIDGES This task includes the completion of the Bridge Site Data Submittal form and attaching all required background information with the form. In addition to the requested information, any special circumstance or important information will be noted and included. SUBTASKS: • Collect and calculate required information • Prepare site plan drawings • Prepare Bridge Site Data Submittal form URS 12 • 82 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project • Complete, when necessary, the "special circumstance/important information" section of the bridge site submittal form. Deliverables: Draft and Final Bridge Site Data Submittal form. 200.10 UTILITY AND MONUMENTATION 200.10.05 UTILITY LOCATIONS (POTHOLING) Currently assumed not to be required. No utility coordination including potholing for high risk utilities is included with this scope of services. Deliverables: None at this time 220.05.25 MONUMENT PERPETUATION & RECORD OF SURVEY A Record of Survey will be prepared for the control established under section 185.10.50 described above. The purpose of this record of survey will be to document and the newly established corridor control for future engineering and construction activities. The record of survey will be prepared in accordance with the California Land Surveyor's Act and recorded with the County of Riverside. The agency fees associated with this map have been estimated at $5,000 and have been included in this proposal as a reimbursable expense. Deliverables: • Record of Survey submitted to the County of Riverside for recordation. 5.3 230 ROADWAY PLANS Includes all activities, from the base maps (skeletons), such as design, delineation, field reviews, and internal/external coordination (see sub -tasks) necessary to develop draft roadway plan sheets for the construction contract. Each of the Subtasks listed below will be prepared, checked, and assembled for the 30%, 60%, 90%, and 100% submittals pursuant to the schedule shown in Table 1. SUBTASKS: • Title Sheet • Typical Cross Sections • Key Map and Line Index • Roadway Layouts, utility locations, Profile and Superelevation Sheets (combined on one set of sheets) • Construction Details • Summary of Quantities Sheets • Standard Plans Selection • Stage Construction and Traffic Handling Plans combined on one set of sheets UILS 83 13 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Rot Springs Road to Scott Road Widening Project • Water Pollution & Erosion Control Plan • Signing and Pavement Delineation Plans combined on one set of sheets • Construction Area Signs • Electrical Plans (Keller pedestrian lighting) • Murrieta Hot Springs Road Ramp Meters (4 locations) • Drainage Plans & Contour Grading Plans combined on one set of sheets • Draft Specifications • Draft PS&E Quantities and Estimates The above deliverables will be submitted as shown in Table 1 at the following milestones: • 30% PS&E Submittal • 60% PS&E Submittal • 90% PS&E Submittal • 100% PS&E Submittal 230.20 TRANSPORTATION MANAGEMENT PLAN This effort includes all activities necessary to update and develop the project's Transportation Management Plan to accompany the project PS&E. The consultant will utilize the TMP data sheet developed for the Final PR to perform all TMP of the construction project and provide recommendations on how construction staging and MOT should be performed as well as the cost associated with recommended strategies. Our work effort will insure that the facility proposed will provide adequate operations during construction with a minimal disruption of traffic in the work zone. SUBTASKS: Itemize capital outlay costs Identify SSPs to be included in contract document Coordinate major closures with local agencies to determine impact on this project Refine/finalize traffic contingency plan pending contractor's contingency plan Update TMP/lane closure database Deliverables: Draft and Final Transportation Management Plan (including its plans, specs, and estimates) 230.25 UTILITY PLANS A separate set of utility plans is not included in this scope of work. The utility locations will be shown on the layout sheets. Deliverables: None URS ] 4 84 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project 230.30 DRAINAGE PLANS All activities, (such as design, delineation, field reviews, and internal/external coordination) (see sub -tasks) necessary to develop draft drainage plan sheets for construction contract. Deliverables: Drainage Plans for PS&E delivered per Table 1 230.35 DRAFT SPECIFICATIONS Activities necessary to develop the project draft Special Provisions. Deliverables: Specifications ready for PS&E delivered per Table 1 230.40 DRAFT PS8tE QUANTITIES AND ESTIMATES Includes all activities necessary to develop project quantities and estimates. Deliverables: Draft Quantities and Estimates ready for PS&E delivered per Table 1. 230.60.05 UPDATED STORM WATER DATA REPORT The Storm Water Data Report prepared for the PA&ED phase of work will be updated pursuant to Project Planning and Design Guide (PPDG); Section 7; Appendix E. DELIVERABLES: • Draft Storm Water Data Report • Final Storm Water Data Report 230.65 PERMITS This scope of work (SOW) was developed to disclose and evaluate biological resources , common and special status species , and prepare a discrete suite of discretionary permit applications to facilitate Project implementation (e.g. Clean Water Act [CWA] Section 401, 404 and California Department of Fish and Game Code [CDFC] 1600 permitting). For the purposes of this SOW, the Project's study area is assumed to include no more than 300 acres. 230.65.05 401, 404, 1602 PERMITS All work during PS&E Development involved in obtaining permits, including: Discussions and negotiations with the permitting agency. Preparation of the permit and attachments such as exhibits, maps, etc.. Submittal of the permit application. The permits anticipated to be needed for this project and covered under this scope of work are: 1. Regional Water Quality Control Board 401 Permit 2. ACE 404 Permit i1RS 85 15 Provide Plans, Specifications and Estimates For the I-215 from Mnrrieta Hot Springs Road to Scott Road Widening Project 3. Department of Fish & Game 1602 Permits Literature Review - Rapid informal review of resource databases, local resource management plans, aerial photos, and any other readily available commercial data to determine the locations and types of biological resources that have the potential to exist in the Projects 300-acre study area. The above referenced literature review will support the development of all written deliverables within this SOW. Special Aquatic Resource Area Preliminary Jurisdictional Determination And Update Report - The 300-acre study area will need to be delineated pursuant to the substantive provisions of the: United States Army Corps of Engineers (USAGE) Wetland Delineation Manual (Environmental Laboratory, 1987); Lichvar and Wakeley's (2006) Interim regional supplement to the USACE Wetland Delineation Manual Arid West Region Direction on Delineating Arid Streams; the USACE and Environmental Protection Agency's (EPA) June 2007 issued CWA Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. United States & Carabell v. United States guidance document; and those analysis tools detailed in A Field Guide to Lake and Streambed Alteration Agreements Sections 1600-1607 (Environmental Services Division, 1994). As such, a pedestrian - based field survey will be conducted and available data (including aerial photographs and United States Geological Survey [USGS] maps) will be reviewed. It is anticipated that differences in terrain, vegetation density, private property, topographic relief, and so forth will allow two biologists to complete the field determinations in five (5) calendar days. The study area is assumed to include no more than ten (10) unique special aquatic resource areas. Additionally, the field survey results will be synthesized into a technical report. The report will be suitable for submittal to the USACE, CDFG and the RWQCB, for discretionary permitting purposes. The report will quantify and enumerate a breakdown of wetlands, non -wetland waters of the U.S., waters of the State, and other sensitive riparian areas within the study area boundaries. The report will include: a description of study methods; background information on discretionary permitting of special aquatic resource areas; a description of vegetation, soils, and hydrology within the study area pursuant to aforementioned methodologies; maps depicting the field survey results; and USACE field data sheets from sampling locations. RWQCB SECTION 401 WATER QUALITY CERTIFICATION NOTIFICATION: A written request for 401 notification water quality certification will be prepared and submitted to the RWQCB for review. Upon formal notification, an agreement should be forthcoming within 60- 90 days of completion of the CEQA process or application submittal, whichever occurs later. The request will include a detailed project description, a description of proposed impacts, and identification of project -specific BMPs, the CEQA Notice of Determination, the conceptual mitigation plan, and a completed notification form. ACE 404 Permit: JURISDICTIONAL DELINEATION UPDATE URS will conduct a field visit to compare existing field conditions with the maps provided in the delineation report and document any changes to jurisdictional features within the project boundary since the wetland delineation was prepared for the project. During the field visit, we will determine the U.S. Army Corps of Engineers (USACE) jurisdiction using the presence of an ordinary high UIiS 16 86 • Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project water mark and the methodology in the USACE 1987 wetland delineation manual. This methodology requires that a jurisdictional wetland must contain hydrophytic vegetation, hydric soils, and appropriate hydrology. California Department of Fish and Game (CDFG) jurisdiction will be determined by the presence of hydrophytic vegetation, the location of a definable bed and bank, and the presence of associated wildlife or fish resources. The limits of jurisdiction will be mapped at an appropriate scale (1 inch = 200 feet) if there are any differences found. Civil surveys of any delineated areas are not covered in this scope of work. URS will prepare a jurisdictional delineation update letter report to describe any changes in existing conditions and provide analysis of potential project impacts on jurisdictional features based upon the preliminary design plans, if any such differences are noted. Pre -Application Consultation with Agencies Following the jurisdictional delineation update, URS will initiate contact with the concerned agencies (USACE, CDFG, and the Regional Water Quality Control Board) to provide preliminary project information, solicit concems, and discuss the requirements and timing associated with the regulatory permits. All effort will be made to conduct the pre -application consultation at a project site meeting. However, depending upon resource agency staff workload and availability, such contact may consist of a project team conference call or written communication. The request for Nationwide Permit (NWP) generally includes: 1. Detailed description of the proposed project, including grading plans provided by the Applicant. 2. Detailed description of the jurisdictional areas to be impacted by the proposed project. (This is generally accomplished by submittal of the delineation report.) 3. Discussion of approvals and certifications being obtained from other federal, state, or local agencies. 4. Conceptual Restoration plan, if required (assumed not required for the proposed project). 5. The Streambed Alteration Notification package submitted to the California Department of Fish and Game (CDFG). 6. The request to the Regional Water Quality Control Board (RWQCB) for water quality certification (or a waiver thereof). 7. The request to the State Historical Preservation Office (SHPO) for information regarding the potential presence of historical properties and the cultural resource report submitted to the Applicant in response. 8. The request to the USFWS for a list of all sensitive species potentially present in the project site and the special -status species survey report submitted to the Applicant in response. CDFG 1602 Streambed Alteration Agreement: A § 1602 Streambed Alteration Notification will be prepared and submitted to the CDFG for review. The request will include a detailed project description, a description of proposed impacts, the CEQA Notice of Determination, and completed notification forms. CDFG will be able to complete the draft agreement within 60-90 days. 87 17 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project COORDINATION OF PROCESSING The resource agency notifications will be coordinated with the USACE, RWQCB, and CDFG throughout processing to ensure that any potential issues are made known to the project team and resolved at the earliest possible opportunity. Coordination may include telephone, email, or written correspondence, or meetings with the agencies. CWA SECTION 401, 404 AND CDFC 1600 (ETSEQ) PERMIT APPLICATIONS Since special aquatic resource areas are assumed to exist within the 300-acre study area, and Project implementation will likely adversely impact them, accordingly, the completion of CWA Section 401, 404 and CFGC 1600 (et seq) discretionary permit applications and approvals will be needed. URS will prepare and submit a USACE CWA Section 404 NWP application package (pending review of final design specifications and applicant's willingness to implement specific programs to avoid, or minimize adverse effects to special aquatic resource areas). The NWP Program provides applicants with a streamlined USACE evaluation and approval process for certain types of activities that have minimal impacts to jurisdictional aquatic environments. URS will seek to facilitate authorization of intrusive activities within USACE jurisdictional aquatic environments pursuant to NWP terms and conditions. If this permitting strategy is feasible, it will significantly reduce the federal permit processing time and expense. Furthermore, with the issuance of the NWPs, the California RWQCB has determined that individual 401 water quality certifications are required for most nationwide permits. To that end, URS will submit a CWA Section 401 Water Quality Certification Application to the RWQCB (if needed). The USACE will not grant authorization until the water quality certification has been obtained or has been waived. A water quality certification is issued by the RWQCB that states that the applicant will comply with all pertinent water quality standards (both federal and state). Additionally, Pursuant to Division 2, Chapter 6, Sections 1600-1602 of the CFGC, CDFG regulates any proposed activity that may substantially modify, divert, obstruct, or changes to the flow or bed, channel, or bank of any river, stream, or lake, which supports fish or wildlife (see also http://www.dfg.ca.gov/1600/). Pursuant to the California Code of Regulations (CCR), CDFG defines a "stream" (including creeks and rivers) as "a body of water that flows at least periodically or intermittently through a bed or channel having banks and supports fish or other aquatic life. This includes watercourses having surface or subsurface flow that supports or has supported riparian vegetation." CDFG's definition of "lake" includes "natural lakes or man-made reservoirs." CDFG jurisdiction within altered or artificial waterways is based upon the value of those waterways to fish and wildlife. As such, a CDFG streambed alteration agreement will be required for Project implementation. URS will prepare and submit a notification and application package to CDFG, for CFGC 1600 (et seq) compliance. The CFGC 1600 compliance package will include a project description, maps showing project location, construction plans and drawings pertaining to the Project. Agency Coordination - Project staff will informally consult/correspond with the applicable regulatory agencies as needed (e.g., CDFG, USACE, and RWQCB) to identify potential data requirements, mitigation, minimization, and avoidance measures that may be needed to implement the Project. The development of this shared vision between the Applicant and the regulatory agencies will assure that this Project is implemented with efficient regulatory collaboration. URS 18 • 88 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project At present, the extent of discretionary permitting are not completely certain because fmal design specifications and the Applicant's willingness to implement specific programs to avoid, or minimize adverse effects to biological resources have not yet been thoroughly developed. As a result, the extent of discretionary permitting and mitigation is still somewhat ambiguous. Nonetheless, it will undoubtedly remain necessary for the Applicant. Additionally, this informal consultation will foster and maintain successful working relationships as the Project moves ahead. Deliverables: • Attendance at four (4) permit related meetings by the project delineator and biologist. • Draft, Revised Draft and Final 404 Permit application, Section 1602 Streambed Alteration Agreement application, and Section 401 Water Quality Certification application. 230.65.35 WATER DISCHARGE (NPDES) PERMITS URS will prepare the Notice of Intent (NOI) for RCTC's submittal to the State Water Resources Control Board (SWRCB) to request the NPDES permit for project construction. It is anticipated that two separate NOIs will be required for submittal to the SWRCB since the project is located within the Santa Ana Regional Water Quality Control Board and the San Diego Regional Water Quality Control Board. This scope of work does not include any required permit (NOI) application fees. Further, this scope of work does not include efforts associated with preparation of a Stone Water Pollution Prevention Plan (SWPPP) - it is assumed that the selected project construction contractor will prepare the SWPPP. Deliverables: • NPDES support as requested 235.40 UPDATED ENVIRONMENTAL COMMITMENTS RECORD It is assumed that minor updates will be required to the Environmental Commitments Record (ECR) during PS&E. Time included assumes that any updates would be minor and could be completed within the timeframe shown. Deliverables: • Minor updates to the Environmental Commitments Record Work involved in the development of draft structures plans, specifications, and estimate. 240.50 OVERALL STRUCTURE PS&E This task includes all efforts involved in the development of the overall projects' plans. Activities under this task include technical coordination of the project, technical meetings, and other directly related coordination activities. DR.S 89 19 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project Deliverables: • Technical coordination and meetings 240.55 FOUNDATION PLAN This task includes the creation of the foundation plan. Subtasks: • Coordination with Caltrans for approval of the foundation plan • Structure Site Investigations • Preliminary Investigation Report Deliverables: • Draft Foundation Plan 240.65 PRELIMINARY FOUNDATION REPORT This task includes the effort to prepare a preliminary Foundation Report (PFR). This document is used as part of the Type Selection process. The PFR is used to document existing foundation conditions, make preliminary foundation recommendations, and identify the need for additional investigations and studies. Subtasks: • Project Location • Summary of site geology and subsurface conditions. • Corrosion evaluation • Preliminary Seismic Study • Preliminary Foundation Recommendations • Additional Field Work and Laboratory Testing Deliverables: • Preliminary Foundation Report 240.75 DRAFT GENERAL PLAN (TYPE SELECTION) This task includes all efforts required to develop, review, approve and distribute draft Structures General Plans. The Preliminary Plan Approval process is part of this task and generally includes Type Selection Meetings. Approved preliminary plans are the approved General Plans. Subtasks: • Prepare Preliminary Design • Prepare Preliminary Plan Sheets • Prepare Preliminary Quantities DRS 20 90 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project • Prepare Preliminary Estimates • Prepare Preliminary Specifications • Prepare Type Selection Report • Perform a Constructability Review • Conduct Type Selection Meting • Update General Plans and General Plan Estimate • Obtain Preliminary Plan Approval • Distribute approved General Plans Deliverables: • Type Selection Report • Approved General Plans 240.80 PREPARE FOUNDATION REPORT This task includes all efforts required to produce Foundation Reports (FR). Foundation Reports are required for all structures when new or widening to existing structures is proposed. The FR requires sufficient subsurface exploration to characterize geologic and geotechnical conditions for the structure. Foundation Reports utilize information collected during subsurface exploration to provide recommendations that support both the design and construction of the structure. The Foundation Report will be prepared in accordance with the Caltrans Guidelines for Structures Foundation Reports Manual (2006). The FR shall provide, but not be limited to, the following: • Project Location • Summary of Site Geology and Subsurface Conditions • Ground Water • Scour Evaluation • Corrosion Evaluation • Seismic Study • As -Built Foundation Data • Foundation Recommendations • Slope Stability Analyses • General Notes to the Designer • Construction Considerations In addition to the FR, the Log of Test Borings (LOTB), which presents the description, in graphic and text format, of the types of soil and rock encountered during the subsurface exploration, is produced for inclusion in contract plans. Deliverables: • Draft Foundation Report • Final Foundation Report • Log of Test Borings 240.85 DRAFT STRUCTURE PLANS URS 91 21 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project This task includes all efforts required to prepare draft Structures Plans and Quantities (P&Q). The final product is a draft set of designed, detailed and checked structural plans along with checked quantity calculations for identified contract bid items. The activities include, but are not limited to: Subtasks: Perform structural analysis and develop draft Design Prepare draft Structure Plan Sheets Perform an independent structural analysis Check the Design and Plan Sheets Perform a Constructibility Review (CR) of Unchecked Details Prepare draft Quantities • Perform an independent check of the draft Quantities Prepare Specification Prepare Type Selection Report Transmit P&Q package to Structure Office Engineer Deliverables: Draft Structures Plans 240.90 STRUCTURES SPECIAL PROVISIONS AND COST ESTIMATE This task includes efforts required to prepare the draft Structures Specifications and Cost Estimate. The final product is a draft set of Structure Special Provisions, and the Structure Cost Estimate. The activities include, but are not limited to: • Generate Structure Contract Item list Prepare draft special provisions Prepare cost estimate for Structure Contract Items Deliverables: Structures Special Provisions Structures Cost Estimate 5.5 250-255 FINAL STRUCTURES AND ROADWAY PS&E PACKAGE 250.55 FINAL STRUCTURES PS&E PACKAGE This task includes efforts required to prepare final Structures Plans for incorporation into the final PS&E package. The activities include, but are not limited to: Update plan sheets based on final Project Review (90% Constructability Review) Review and incorporate District and Structure Office Engineer comments into Final Structure Plans and Quantity calculations • Update Specification and other items for RE Pending File Update Type Selection Report Update quantities for contract bid items Deliverables: Final Structures Plans Final Structures Specifications U'RS 22 • • 92 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project Final Structures cost estimate Type Selection Report 255.10.05 SUMMARY CONSTRUCTION SCHEDULE An estimate to construct the planned structure improvements will be assembled for this activity. Deliverables: • Structure Construction Schedule and working day summary. 255.10 UPDATED PS&E PACKAGE Under this activity all of the various Roadway PS&E components will be updated with all comments received. DELIVERABLES: • Updated Roadway PS&E • Updated Traffic PS&E • Updated Hydraulics PS&E • Updated Specification • Updated Cost Estimate 255.15 PERFORM ENVIRONMENTAL RE-EVALUATION At each major milestone of the project an Environmental Revalidation/Reevaluation will need to be preformed. This scope and cost assumes that this will occur four (4) times. It is assumed that no substantial changes or substantial new information will be present since approval of the environmental document and that the Environmental Revalidation form is all that will be required. No analyses or evaluations are assumed to be required or included in this task; this task assumes that only filling out the form with all negative responses and no supporting documentation will be sufficient. Deliverables: • Preparation of Revalidation form four times (assumes no substantial changes or information will be identified and that no new analyses or information will be required to complete the form) 255.20.05 REVIEW PLANS FOR DRAFTING STANDARDS COMPLIANCE The plans will be reviewed to assure compliance with Caltrans Drafting Standards except as noted where several sheet types have been combined at the request of the Client. Deliverables: • Consistent set of plans conforming to Caltrans drafting standards URS 23 93 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project 255.20.10 INCORPORATE FINAL STRUCTURES PS&E The structures PS&E and the roadway PS&E will be combined into one cohesive and complete PS&E package. Deliverables: Combined plans including both roadway and structure elements Combined specification Combined Cost Estimate 255.25 GEOTECHNICAL INFORMATION HANDOUT This task includes reviewing the Geotechnical Design Report (GDR), Foundation Report (FR), geophysical data, geotechnical instrumentation data, laboratory test data and rock core and soil samples available for viewing that were prepared earlier during the design phase and selecting the necessary sections and information to be included in the Geotechnical Information Handout. The GDR and FR include information such as existing physical setting, geophysical studies, geotechnical conditions, geotechnical analysis and design, construction considerations, and recommendations and specifications. Deliverables: Geotechnical Information Handout, for the prospective bidders to review. 255.30 MATERIALS INFORMATION HANDOUT The Materials Information Handout (MIH) is prepared for the use of prospective bidders. The handout includes test data on local materials sources; soil survey sheets showing borings, tests, and seismic information (if required). Deliverables: Material Information Handout for the prospective bidders to review. 255.40 RESIDENT ENGINEER'S PENDING FILE Work involved in preparing the RE Pending File/Structures RE Pending File. Includes preparation of an Environmental Commitments Record (or similar document), contacts with construction to transmit the file and determine what additional information may be required. Also includes preparing and forwarding additional information (such as cross sections/as-builts/slope staking notes/grid grades/structures 4-scales) as requested by construction. In terms of the environmental component of the RE Pending file, the input is a "snapshot" of the Environmental Commitments Record (ECR), or similar document (e.g., Mitigation Monitoring and Reporting Record). Deliverables: RE Pending File and Structures RE Pending File Contract special provisions for all items of work Engineer's Estimate consistent with the plans and special provisions U1LS 24 94 Provide Plans, Specifications and Estimates For the I-215 from Murrieta Hot Springs Road to Scott Road Widening Project • Spreadsheet of estimated quantities • Final set of Plans • Contract (from RCTC) 5.6 265 CONTRACT AWARD SUPPORT No activities are assumed to be included in this scope of work 5.7 270 CONSTRUCTION SUPPORT No activities are assumed to be included in this scope of work. CR.S 25 95 • URS - I -III FEE PROPOSAL WORKSHEET COMPANY: URS Corporation PROJECT: 1-215 PS&E (Add One Mixed Flow Lane in Each Direction) SCOPE OF WORK Project Summary DIRECT LABOR DATE: 11/13/2008 REV: MILESTONE/PRASE/PROJECT SUMMARY: All Phases -Aga"' Project Manager Task Managers Sr. Project Engineer Project Engineer Staff Engineer Technician/CADD Project Administrator Clerical 1382 @ 412 @ 2420 @ 86/7 @ 8725 C 8859 @ 528 @ 454 @ $88.00. $72.00-' $5800 $4700 $35.00 $30.00 $30.00- $25.00 $121.616.00 $29.664.00 $140,331.00 $310,999.00 5305,375.00 $265,770.00 $15,840.00 $11,350.00 TOTAL HOURS 29396.5 MULTIPLIERS TOTAL DIRECT LABOR ESCALATION @ 4.00% (Rate) $48.037.80 FRINGE @ OVERHEAD @ (of Total Direct Labor + Escalation) 124_44 % (of Total Direct Labor * Escalation) OTHER DIRECT EXPENSES ••• Billed at Actual Cost ••• Mileage 13500 Air Fare 18 Reproduction - B&W 21000 Color Copies 2200 CADD Plots 8400 Overnight Mail, Communication, Etc. 64 ADL Testing Expenses Foundations Report Presentation Boards Public Involvement Expenses Traffic Counts and Expenses Environmental Expenses OUTSIDE SERVICES (w/fee) .COMPANY Psomas Associates CNS Engineers 1 25 $1554,234.20 TOTAL MULTIPLIERS Mile $0.585 Roundtrip @ $450.00 Page $0.10 Page @ $2.00 Sheet ,a $7.00 Each „r $9.50 Lump Sum $35,000.00 Lump Sum $55,550.00 Each,+_+ $75.00 Lump Sum $33,093.00 Per Location $500.00 Lump Sum @ $10,000 00 $7,897.50 $8,100.00 $2,100.00 $4,400.00 S58,80J 00 $608.00 S55,550.00 $1.875.00 $10,000.00 TOTAL OTHER DIRECT EXPENSES LABOR MULTIPLIER I EXPENSES L TOTAL .95203006 370.145_83 8500.00 51 2 67589] S29,981.89 TOTAL OUTSIDE SERVICES FEES OUTSIDE SERVICES ADMIN FEE 005.00 / (of Total Outside Services & Outside Services Fees) _ 010.00% (of Total Direct Labor +Total Multipliers) OUTSIDE SERVICES @ (of Total Labor + Total Multiplier for Outside Services) 8298,321,99 TOTAL FEES TOTAL COST $1.200.945 $1,602,272 I S149,S3i1 1 5256 qp%4 $3,372,139 1 96 moAel alnPaLPS lesodad (uS of uSHW) 6ulueplM SI Z-t wwoO uoge>JQdsuell /qunoO apls�anly �I.1011aayg lbHIN hilnlpV lea Qul 'swalsAS wanewpd OO EE'OL 90AONEl aged uny 60NVNC) ale() elect 60NYP50 alga ineeQ Yel$ l0!1Va 01111MMINIMMI110 penwCOy pHlpHyd uasrnalg sled ss2J601d 1sAPe3 ONWMINNINIIMME110 41110 MI MD sun 041nno o4Nnr4Z o4 on 01 APeBa 3'8Sd 004.90 9010 04Nnrs4 04Nnuo OL 39Sd %004 malnau 00£'SO sun OLNnrto 04AVW4Z 04 3'9Sd %004 00 OOZ'SO sun o4Avwa 0akrni- 0£ 3'8Sd%004 001:SO 9010 0421dV60 04uVW40 I--0£ and%06A6alneu 00£4'0 •=1M1, __ ._ .... Sun 0483d9Z 0483d64 04 3'8Sd %06 00 OOZ11 sun 04833ZI. 60A0N60 OG 3'8Sd %06 004'90 9010 60A0N90 60d3s9Z OE 32Sd %09 Nlelneu OOE'£O A _..... Sun 60d3SSZ soonV4E OZ 3'8Sd %09 00 OOZ-£O sun 6o`Jnvss 601SVWOE 044 3'8Sd %09 001:EO 111111111191 ill ; 9010 60AVW90 602011N0E OE ueld %OE enalneu OOE-ZO sun eouVWLZ 602IVW94 04 sueld %O£ 00 00E70 sun 6021011£I. 6ONVr90 OS sueld %O£ 00470 immiumm r Nnr M. Od Z UVW H311 NVr , D30 1 ACMI 1.00 d3S I nntl "lnr - sooa 4 1 Nnf 1 AVIN ; Ild'd a\ 3d .._.r. -- -- 31O21 dS32:1 �slwd Alie3 60NVP90 ue;$ Ape3 0 and 6u0 peeowd o ,r. oN uoildud$a0 Allnll v OW 1.0 671 ApnllaV • RIVERS/DE COUNTY TRANSPORTATION COMMISSION DATE: December 10, 2008 TO: Riverside County Transportation Commission FROM: Budget and Implementation "Committee of the Whole" Robert Yates, Multimodal Services Director THROUGH: Anne Mayer, Executive Director SUBJECT: Programming and Policy Amendments to Support the Implementation of the Jobs/Access Reverse Commute and New Freedom Call for Projects Grants BUDGET AND IMPLEMENTATION "COMMITTEE OF THE WHOLE" AND STAFF RECOMMENDATION: This item is for the Commission to ratify the Universal Call for Projects process with the following actions: 1) Approve July 1, 2009 as the project start date for all Specialized Transit projects awarded under the Universal Call for Projects as identified on Attachment 1 to this report; • 2► Authorize the Executive Director, pursuant to legal counsel review, to extend the applicable interim grantee contracts to June 30, 2009 and approve up to $860,962 of additional Western Riverside County Measure A Specialized Transit funds as identified in Attachment 2 of this report; and 3) Approve the proposed project exemptions and exclusions for Riverside Transit Agency (RTA) and SunLine Transit Agency (SunLine) from the Commissions' Farebox Recovery Policy as identified on Attachment 3. BACKGROUND INFORMATION: At its October 9, 2008 and September 10, 2008 meetings, the Commission approved a suite of specialized transit projects for implementation. These projects were derived through the approval of the Coordinated Plan at the Commission's April 2008 meeting and proposed for implementation through the Universal Call for Projects. DISCUSSION: Commission approval of the Coordinated Plan made the Commission eligible for the first time, receipt of the federal Jobs/Access Reverse Commute (JARC) and New Freedom (NF) funds for the provision of specialized transit service in Riverside County. Since the award of projects in October and September, there has been a learning curve for Commission staff, Consolidated Transportation Service Agency Agenda Item 8J 98 (CTSA) operators (recipients), project proponents' (subrecipients) and the Southern California Association of Governments (SCAG) staff in how to properly configure the funds and agreements to allow for the effective implementation of these specialized transit projects. To move the process forward and allow for project delivery, staff recommends the following: Ratification of July 1, 2009, As The Official Start Date For All Awarded Projects Prior to any projects actually starting, they are required to be amended into the Regional Transportation Improvement Plan (TIP). While the process for the TIP amendment is moving forward in a cooperative nature with SCAG, the amendment is not expected to be finalized until sometime in late February 2009. In addition, these federally funded projects also are required to be entered into the Transportation Award and Electronic Management program (TEAM) and approved, prior to any disbursement of funds from the federal government. While it is possible to concurrently build the project databases in TEAM, they cannot be finalized until the TIP amendment is processed. Lastly, staff has recently received an interpretation from FTA that any implementation of the approved projects prior to the TIP amendment becoming finalized will jeopardize the funds. As such, staff is recommending that the implementation of these projects begin on July 1, 2009, in order to accommodate the TIP amendment and TEAM process. Extension of Interim Measure A Grantee Contracts In order to accommodate the above recommended start date, staff is requesting Commission approval of a third and final interim Specialized Transit funding allocation. This interim period would comprise two additional quarters of Measure A payments to existing grantees as identified on Attachment 2. This request is being made so as to not interrupt existing service while the final preparations for the new projects are completed. The result of this action will be the continuation of Specialized Transit funding for the entire fiscal year with $1.716 million of Measure A Specialized Transit funds being allocated to the existing operators for the provision of service. This expenditure of Measure A funds allows for uninterrupted service for the FY 2008/09 and for the new projects awarded under the Universal Call for Projects process to be properly configured so that no federal funds are lost or found to have been expended in error. All federally funded projects will be expected to start with no further Commission action needed on July 1, 2009. Farebox Policy Modification Given that RTA and Sunline will be acting as Consolidated Transportation Service Agency (CTSA) operators and recipient agencies, they will be responsible for entering the subrecipient projects into TEAM, managing the reporting process and Agenda Item 8J • 99 • disbursing the federal funds to the subrecipient operators. This results in a need for a modification of the Commission's farebox recovery policy so that RTA and SunLine are not penalized in their farebox calculations by having to account for the pass -through funds disbursed to the subrecipient providers. The list of projects to be excluded from the farebox recovery calculations are identified on Attachment 3 of this report. Additionally, since RTA and SunLine will also be operating their own projects, a separate modification to allow for consistency with the Transportation Development Act (TDA) farebox recovery requirements is necessary. This modification, if approved, would exempt the four federally funded projects awarded to RTA and SunLine, for up to two years from the farebox recovery calculation. This action is necessary in order for the operators to not be penalized for starting up new service. These projects are also identified on Attachment 3 of this report. Next Steps It is the intent of staff, with these actions if approved, to conclude the process of organizing Riverside County to accept federal funds for use on specialized transit service. With these actions, staff shall be in a position to direct the funds into the hands of the approved operators in return for their provision of service beginning July 1, 2009. The extension requested will also allow for a normalization of service to the Commission's fiscal year cycle. It is also staff's intent to use this process as a "lessons learned" experience and factor these lessons into the next Call for Projects. Staff anticipates bringing forward to the Commission, a request for a subsequent Universal call for Projects in November 2010. This call for projects would build on the current process and would be for specialized transit projects to be funded and implemented FY 2011/12 using new Measure A funds as well as potential JARC and NF funds should the federal government continue to allocate them. Implementing the subsequent call for projects in November 2010, provides staff with sufficient time to manage the call for projects process, award projects, execute the required agreements and implement service on July 1, 2011, when the current contracts that are the subject of this report are concluded. Financial Information In Fiscal Year Budget: Yes Year: FY 2008/09 Amount: $860,962 Source of Funds: Measure A Specialized Transit Budget Ad ustment: No GLA No.: 225 26 86101 Fiscal Procedures Approved: \Px,r4,40,1wv� o- Date: 1 1 /13/2008 Agenda Item 8J 100 Attachments: 1) Approved Specialized Transportation Projects for July 1, 2009 Start 2) Approved list of Interim Measure A Specialized Transit Operators 3) Modification to the Commissions' Farebox Recovery Policy Agenda Item 8J • 101 Attachment 1 Universal Call for Projects Approved Specialized Transit Projects for Implementation July 1, 2009 Coachella Valley • Agreement No.09-62-018-00 to the Coachella Valley Association of Governments (CVAG) $76,932 in JARC grant funds for the Homeless Bus Pass Program. • Agreement No. 09-62-019-00 to the Desert Samaritans for the Elderly $31,807 in New Freedom grant funds for the Last Resort Transportation Program. • RCTC $24,502 in JARC funds for the Coachella Valley Rideshare Program. • Agreement No. 09-62-016-00 to SunLine Transit Agency $245,020 in JARC grant funds for the Guaranteed Ride Program. • Agreement No. 09-62-015-00 to SunLine Transit Agency $143,133 in New Freedom grant funds for the Coachella Valley TRIP Program. Western County • Agreement No. 09-26-022-00 to the Partnership for Independent Living for the TRIP Program in the amount of $1,147,218 in Measure A Specialized Transit Funds; • Agreement No.09-26-025-00 to The Riverside Transit Agency (RTA) for the Extended late Night Service Project in the amount of $890,024 in JARC Funds and $838,750 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-026-00 to Car -A -Van Transit for the Car -A -Van Transit Service in the amount of $695,000 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-023-00 to Care Connexxus, Inc for the Specialized Shuttle Project in the amount of $70,000 in New Freedom grant funds and $455,000 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-024-00 to Operation Safe House for the Main Street Transitional Living Program in the amount of $38,700 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-027-00 to the Volunteer Center of Riverside County for the Transportation Access Program in the amount of $406,146 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-028-00 to Blindness Support Services for the Travel Training Program in the amount of $187,997 in New Freedom grant funds and $112,797 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-029-00 to the Friends of Moreno Valley Senior Center for the Mo-van transit Service in the amount of $123,000 in Measure A Specialized Transit grant funds; 102 Attachment 1 (cont.) Universal Call for Projects Approved Specialized Transit Projects for Implementation July 1, 2009 • Agreement No.09-26-030-00 to the Riverside Transit Agency (RTA) for the CommuterLink routes 212, 214 Service in the amount of $272,828 in JARC grant funds and $829,078 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-031-00 to C.A.S.A. for Riverside County for the Specialized Transportation Service for Abused Children Program in the amount of $98,078 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-032-00 to Beaumont Adult School for the Low Income Adult Student Transportation Project in the amount of $37,000 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-033-00 to Boys and Girls Clubs of Southwest County for the Before and After School Transportation Program in the amount of $113,468 in JARC grant funds and $348,673 in Measure A Specialized Transit grant • Agreement No. 09-26-034-00 to Jefferson Transitional Programs for the Jefferson Shuttle Project in the amount of $69,620 in New Freedom grant funds and $44,044 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-035-00 to City of Norco Parks Department for then Norco Senior Shuttle Service Program in the amount of $153,443 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-036-00 to Inland Aids Project for the Inland Aids Project Transportation Program in the amount of $306,500 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-037-00 to Wildomar Senior Community for the Senior Community Transportation Program in the amount of $25,692 in New Freedom grant funds; • Agreement No. to Riverside County Regional Medical Center for the Specialized NEMT Plan and NF partnership program in the amount of $220,267 in New Freedom grant funds and $366,573 in Measure A Specialized Transit grant funds 103 MEASURE A SPECIALIZED TRANSIT FY 08/09 APPROVED & RECOMMENDED FUNDING ATTACHMENT FY 08/09 INTERIM ALLOCATION BY QUARTER APPROVED RECOMMENDED TOTAL Applicant Agreement Number Otrl Qtr2 Qtr3 Qtr4 Beaumont Adult Schoo Agreement No: 06-26-051-0: 5,203 5,203 5,203 5,203 20,812 Blindness Support Service; Agreement No. 07-26-023-0; 18,778 18,778 18,778 18,778 75,112 Boys and Girls Clubs of Southwest County Agreement No. 06-26-052-0: 18,724 18,724 18,724 18,724 74,896 Care -A -Van Transit, Inc. Agreement No. 06-26-053-0: 57,881 57,881 57,881 57,881 231,524 Care Connexxus, Inc Agreement No.07-26-073-0: 43,750 43,750 43,750 43,750 175,000 CASA Agreement No. 07-26-072-0: 7,500 7,500 7,500 7,500 30,000 City of Norcc Agreement No. 06-26-059-0: 18,279 18,279 18,279 18,279 73,116 Friends of Moreno Valle, Agreement No. 06-26-054-0£ 11,943 11,943 11,943 11,943 47,772 Inland AIDS Projec, Agreement No. 06-26-055-0: 25,000 25,000 25,000 25,000 100,000 Operation SafeHouse, Inc Agreement No. 06-26-056-01 5,000 5,000 Independent Living Partnershil Agreement No. 06-26-057-0: 104,149 104,149 104,149 104,149 416,596 Riverside County Regional Medical Centel Agreement No. 06-26-058-0: 68,666 68,666 68,666 68,666 274,664 Volunteer Center of Riverside County Agreement No. 07-26-021-0: 48,088 48,088 48,088 48,088 192,352 TOTAL $427,961 $427,961 $432,961 $427,961 $1,716,844 104 • Attachment 3 November 24, 2008 Modification to the Commissions' Farebox Recovery Policy Farebox Recovery 2 year Exemptions / RTA These projects are recommended for exemption. The term of these exemptions is for up to 2 years as allowed for under the Transportation Development Act (TDA), and is designed to assist operators by not penalizing them for the start up of new or expanded service. The 2 year exemptions are specific to the following projects only and no other exemptions are approved as a result of this modification: • Agreement No.09-26-025-00 to The Riverside Transit Agency (RTA) for the Extended late Night Service Project in the amount of $890,024 in JARC Funds and $838,750 in Measure A Specialized Transit grant funds; • Agreement No.09-26-030-00 to the Riverside Transit Agency (RTA) for the CommuterLink routes 212, 214 Service in the amount of $272,828 in JARC grant funds and $829,078 in Measure A Specialized Transit grant funds; Farebox Recovery 2 year Exemptions / SunLine These projects are recommended for exemption. The term of these exemptions is for up to 2 years as allowed for under the Transportation Development Act (TDA), and is designed to assist operators by not penalizing them for the start up of new or expanded service. The 2 year exemptions are specific to the following projects only and no other exemptions are approved as a result of this modification: • Agreement No. 09-62-016-00 to Sunline Transit Agency $250,000 in JARC grant funds for the Guaranteed Ride Program. • Agreement No. 09-62-015-00 to Sunline Transit Agency $180,000 in New Freedom grant funds for the Coachella Valley TRIP Program. Farebox Recovery Project Exclusions: These projects are recommended for exclusion from the RTA farebox recovery calculation. No other projects or service is approved for exclusion as a result of this modification Western County / RTA • Agreement No. 09-26-022-00 to the Partnership for Independent Living for the TRIP Program in the amount of $1,146,408 in Measure A Specialized Transit Funds; • Agreement No. 09-26-026-00 to Car -A -Van Transit for the Car -A -Van Transit Service in the amount of $695.000 in Measure A Specialized Transit grant funds; 105 Attachment 3 (cont.) November 24, 2008 Modification to the Commissions' Farebox Recovery Policy • Agreement No. 09-26-023-00 to Care Connexxus, Inc for the Specialized Shuttle Project in the amount of $70,000 in New Freedom grant funds and $455,000 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-024-00 to Operation Safe House for the Main Street Transitional Living Program in the amount of $38,700 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-027-00 to the Volunteer Center of Riverside County for the Transportation Access Program in the amount of $406,146 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-028-00 to Blindness Support Services for the Travel Training Program in the amount of $187,997 in New Freedom grant funds and $112,797 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-029-00 to the Friends of Moreno Valley Senior Center for the Mo-van transit Service in the amount of $123,000 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-031-00 to C.A.S.A. for Riverside County for the Specialized Transportation Service for Abused Children Program in the amount of $28,697 in New Freedom grant funds and $74,000 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-032-00 to Beaumont Adult School for the Low Income Adult Student Transportation Project in the amount of $37,000 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-033-00 to Boys and Girls Clubs of Southwest County for the Before and After School Transportation Program in the amount of $113,468 in JARC grant funds and $348,673 in Measure A Specialized Transit grant • Agreement No. 09-26-034-00 to Jefferson Transitional Programs for the Jefferson Shuttle Project in the amount of $69,620 in New Freedom grant funds and $44,046 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-035-00 to City of Norco Parks Department for then Norco Senior Shuttle Service Program in the amount of $153,443 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-036-00 to Inland Aids Project for the Inland Aids Project Transportation Program in the amount of $306,500 in Measure A Specialized Transit grant funds; • Agreement No. 09-26-037-00 to Wildomar Senior Community for the Senior Community Transportation Program in the amount of $25,892 in New Freedom grant funds; • Agreement No. to Riverside County Regional Medical Center for the Specialized NEMT Plan and NF partnership program in the amount of $170,267 in New Freedom grant funds and $390,649 in Measure A Specialized Transit grant funds • 106 • • Attachment 3 (cont.) November 24, 2008 Modification to the Commissions' Farebox Recovery Policy Farebox Recovery Project Exclusions: These projects are recommended for exclusion from the SunLine farebox recovery calculation. No other projects or service is approved for exclusion as a result of this modification Coachella Valley/SunLine • Agreement No.09-62-018-00 to the Coachella Valley Association of Govemments (CVAG) $78,496 in JARC grant funds for the Homeless Bus Pass Program. • Agreement No. 09-62-019-00 to the Desert Samaritans for the Elderly $40,000 in New Freedom grant funds for the Last Resort Transportation Program. • RCTC $24,504 in JARC funds for the Coachella Valley Rideshare Program. 107 AGE DA ITEM 8K • RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON DATE: December 10, 2008 TO: Riverside County Transportation Commission FROM: Henry Nickel, Staff Analyst Sheldon Peterson, Rail Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Commuter Rail Program Update STAFF RECOMMENDATION: This item is for the Commission to receive and file an update on the Commuter Rail Program. BACKGROUND INFORMATION: Inland Empire -Orange County Weekend Service Performance CHM FY 08/09 IEOC Weekend Passenger Trips 5000 — 4000 — 3000 — 2000 — 1000 — I I �oc13 � �ocb sp §, � 5§, orb op 6,6 p§) 5§3 Ap3 A� A2) J0 0 J� J! JA Q eQ �Q eQ p6- Oo'� ��� ��� <ti ��, Leo' �P c5- \6P f�P03�P Nn) (iY \\ ^9, ��. Last Year —4—Current Year Daily passenger trips on the year-round Inland Empire -Orange County (IEOC) Metrolink weekend service have continued to grow into the second quarter, providing 3,701 passenger trips quarter to date. This is an increase of over 8.22% over the 3,420 trips provided at this point last year, attributed to increased gasoline prices and continued promotion. The success of this service is due in large part to the coordinated marketing efforts among the Commission, Orange County Transportation Authority and San Bernardino Associated Governments. Most all responsibilities for marketing of the service have transitioned to Metrolink, this has included revised seat drops, branding, and consolidation of the various weekend services under a single promotional umbrella. Agenda Item 8K 108 Riverside Line 6,000 5,600 ot m' 5,200 r 8 4,800 as 4,400 4,000 Passenger Trips Riverside Line 01 01 OA 00 5g3 0 0 00 00 � cf-' 434 oer' �a.00 ` 00 �a� QQL 4,0 �o� I,j‘ Month d>. Daily weekday passenger trips on Metrolink's Riverside Line for the month of October averaged 5,522, an increase of 180, 3% more than the month of September. Compared to one year prior, the line averaged an overall daily increase of 290 passenger trips. This is nearly 6% more than a year ago. On Time Performance (95% Goal) Riverside Line 100 am 95 R 90 m 85 i 80 a 75 70 0`01 o p7 eGA'1 a�AO es�A a`ow �Q. �A�b �°A� JA4� A A eO�b oti�� O ,04 ,9k Q 4\a ) v PJ 9a O Month October on -time performance averaged 96% inbound (-3% from September) and 99% outbound ( + 1 % from September). There were six delays greater than five minutes during the month of October. The following are primary causes: Agenda Item 8K Signals/Track/MOW Dispatching Mechanical Operations i � : 1 1 2 2 1ue�a� 16% 16% 34% 34% TOTAL . , ` .:• �a�fi�e' • 109 • • • Inland Empire -Orange County Line w a F`- w 0 Passenger Trips Inland Empire Orange County Line 6,000 5,600 5,200 4,800 4,400 4,000 cY 04 0 at, �oAa�A� Qt• a• JoA� ,oN.P1 Joo' a�Acb Goa O O`D Q �` P P g O Month Daily weekday passenger trips on Metrolink's IEOC Line for the month of October averaged 5,029, a decrease of 125, 2% less than the month of September. Compared to one year prior, the Fine averaged an overall daily increase of 237 passenger trips. This is nearly 5% more than a year ago. 100 N 95 m 90 m 85 i 80 d a. 75 70 On Time Performance (95% Goal) Inland Empire Orange County Line Al AA Al A`b AA Ocb 0` 3 pA AA OA p`3 AA O`b O°� °, e dap t�e� was P• � c �J\J°' eq °% Q �a e- 5 O Month October on -time performance averaged 95% inbound (-3% from September) and 92% outbound (no change from September). There were 24 delays greater than five minutes during the month of October. The following are primary causes: Agenda Item 8K Signals/Track/MOW 1 4% Dispatching 5 21 % Mechanical 8 33% Operations 10 42% TOTAL 110 91 Line 2,800 2,600 a 2,400 0 2,200 2,000 1,800 Passenger Trips 91 Line O°ko��°,Q p°GAS �acA Qe#o �aC° 4: �a-AA� s•�A� �J QJ �ge-o�0°�0$ Month Daily weekday passenger trips on Metrolink's 91 Line for the month of October averaged 2,445, a decrease of 17, 1 % less than the month of September. Compared to one year prior, the line averaged an overall daily increase of 121 passenger trips. This is nearly 5% more than a year ago. On Time Performance (95% Goal) 91 Line too95 All"11 90 m 85 80 a 75 70 6 A". 01 00 0, 00 00 Ao Ao A`� o`� o0 Month October on -time performance averaged 97% inbound (-2% from September) and 97% outbound (no change from September). There were six delays greater than five minutes during the month of October. The following are primary causes: Signals/Track/MOW Dispatching Mechanical Operations TOTAL Agenda Item 8K 0 0% 34 % 50% - 16% 111 Connecting Transit Service Performance The Commission's role facilitating interconnectivity between Metrolink and connecting transit services is essential to ongoing system viability. Such services address the needs of transit dependent riders as well as help mitigate congestion and the necessity for expensive parking capacity at the Commission stations. The Commission is working to improve the efficiency and effectiveness of transit connections. In order to meet these requirements, the Commission has worked with Metrolink and local transit operators to offer connecting services to and from Riverside County Metrolink stations at no cost for those with valid Metrolink tickets. Within Riverside County, services include free transfers to routes operated by Riverside Transit Agency (RTA), RTA's Commuter Link service and Corona Cruiser. The following graphs show total monthly Metrolink transfer passenger trips on each of the three services. 3,500 3,000 2,500 2,000 1,500 1,000 O� o� o� A� ad'' 0 Passenger Trips RTA Fixed Route o° o� o� o0 0� o93 o° ob o� )ate deb �a� P4� 4a,1 „pv �J� PJ� co O°, Month Monthly Metrolink transfer trips on RTA's connecting fixed routes (1, 3, 15, 16, 21, 29, and 38) totaled 3,138 for the month of October, a decrease of 15 trips, and - 0.48% less than the month of October. Monthly trips increased by 510 or 19.41 % over last year. Agenda Item 8K 112 Passenger Trips RTA Commuter Link 10,000 9,000 8,000 f- 7,000 w ° 6,000 5,000 4,000 '1 1 7 0 CP ?° ,06 O PQ�0 �aa O Month 00 J«00 2�00 P 5 Monthly Metrolink transfer trips on RTA's Commuter Link routes (202, 204, 206, 208, and 210) totaled 8,773 for the month of October, an increase of 634 trips, and 7.79% less than the month of September. Monthly trips have increased by 2,988 or 51.65% over the last year. 700 600 o. 500 .` 1— 400 ° 300 200 100 Passenger Trips Corona Cruiser O0 0 00 00 0 Ob 00 ilcb (§) 00 Month Monthly Metrolink transfer trips on the Corona Cruiser totaled 675 for the month of October, an increase of 134, 24.77% from the month of September. Monthly trips have increased by 101 or 17.60% over the past fiscal year. 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BACKGROUND INFORMATION: The Riverside County FSP program has been in operation for over 14 years and provides roving tow truck service on nine beats on State Route 60, State Route 91, Interstate 215/SR-60, and Interstate 15 during the morning and afternoon commute hours. The FSP program is funded by the state of California (80%) and local Service Authority for Freeway Emergencies (SAFE) fees (20%). Funds are allocated to participating agencies through a formula based on population, urban freeway lane miles, and levels of congestion. The agreement for FY 2008/09 provides for continued state funding in the amount of $1,656,238 and requires a local match of $414,060. This is an increase of $137,759 in state funds over the funding level for FY 2007/08. The Commission's FY 2008/09 budget for the Motorist Assistance Program includes $1,416,300 in State funding. The additional state funds are not being requested at this time. Staff, along with the California Highway Patrol (CHP) and Caltrans, will review the hours of operation and service level to determine if any additional service or a new beat is warranted. Any state funds not claimed in the current fiscal year may be carried over and claimed in FY 2009/10. Agenda Item 8L 116 Annually, the program provides approximately 45,500 assists to stranded motorists along Riverside County freeways. The Commission contracts with four tow truck operators to provide twenty tow trucks to patrol these routes Monday through Friday during the peak commute hours, 5:30 a.m. to 8:30 a.m. and 3:00 p.m. to 7:00 p.m. The programs day to day field supervision is handled by the CHP. Financial Information In Fiscal Year Budget: Yes Year: FY 2008/09 Amount: $1,656,238 Source of Funds: State of California Budget Ad ustment: No GLA No.: 201-45-41505 Fiscal Procedures Approved: `j/G4,444,1 Date: 1 1 /13/2008 Attachment: FSP Program Fund Transfer Agreement No. 09-45-049-00 Agenda Item 8L • 117 Agreement No.09-45-049-00 FREEWAY SERVICE PATROL PROGRAM FUND TRANSFER AGREEMENT (Non Federal) Agreement No. FSP09-6054(060) Location: 08-RIV-Var-RCTC Project No. FSP09-6054(060) EA: 08-925095L THIS AGREEMENT, effective on July 1, 2008, is between the State of California, acting by and through the Department of Transportation, hereinafter referred to as STATE, and the Riverside County Transportation Commission, a public agency, hereinafter referred to as "ADMINISTERING AGENCY." WHEREAS, Streets and Highways Code (S&HC) Section 2560 et seq. authorizes STATE and administering agencies to develop and implement a Freeway Service Patrol (ESP) Program on traffic -congested urban freeways throughout the state; and WHEREAS, STATE has distributed available State Highway Account funds to administering agencies participating in the FSP Program in accordance with S&HC Section 2562; and WHEREAS, ADMINISTERING AGENCY has applied to STATE and has been selected to receive funds from the FSP Program for the purpose of Freeway Service Patrol for FY 2008-2009, hereinafter referred to as "PROJECT'; and WHEREAS, proposed PROJECT funding is as follows: Total Cost State Funds $2,070,298.00 $1,656,238.00 Local Funds $414,060.00 ; and WHEREAS, STATE is required to enter into an agreement with ADMINISTERING AGENCY to delineate the respective responsibilities of the parties relative to prosecution of said PROJECT; and WHEREAS, STATE and ADMINISTERING AGENCY mutually desire to cooperate and jointly participate in the FSP Program and desire to specify herein the terms and conditions under which the FSP program is to be conducted; and WHEREAS, ADMINISTERING AGENCY has approved entering into this Agreement under aut r y of Resolution No. �` j!— �/a approved by ADMINISTERING AGENCY on i////7/ , a copy of which is attached. For Calirans Use Only I hereby Certify upon my own personal knowledge that budgeted funds are available for this encumbrance Credo-I14t,csciy., Chapter( Statutes' Item Accounting Officer I Date I $ 1,656,238.00 scal Year I Program I BC I Category IFund Source I $ 268 12008 12660-102-042 12008/2009120.30.010.600I C I262040 I114-042-T I I 1 I I I I I Page 1 of 6 Non -Fed FSP 118 NOW, THEREFORE, the parties agree as follows: SECTION I STATE AGREES: 1. To define or specify, in cooperation with ADMINISTERING AGENCY, the limits of the State Highway segments to be served by the FSP as well as the nature and amount of the FSP dedicated equipment, if any, that is to be funded under the FSP Program. 2. To pay ADMINISTERING AGENCY the STATE's share, in amount not to exceed $1,656,238.00, of eligible participating PROJECT costs. 3. To deposit with ADMINISTERING AGENCY, upon ADMINISTERING AGENCY's award of a contract for PROJECT services and receipt of an original and two signed copies of an invoice in the proper form, including identification of this Agreement Number and Project Number, from ADMINISTERING AGENCY, the amount of $264,998.08. This initial deposit represents STATE's share of the estimated costs for the initial two months of PROJECT. Thereafter, to make reimbursements to ADMINISTERING AGENCY as promptly as state fiscal procedures will permit, but not more often than monthly in arrears, upon receipt of an original and two signed copies of invoices in the proper form covering actual allowable costs incurred for the prior sequential month's period of the Progress Payment Invoice. (The initial deposit will be calculated at 16% of the STATE's total share.) 4. When conducting an audit of the costs claimed by ADMINISTERING AGENCY under the provisions of this Agreement, STATE will rely to the maximum extent possible on any prior audit of ADMINISTERING AGENCY performed pursuant to the provisions of state and federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptable to STATE when planning and conducting additional audits. SECTION II ADMINISTERING AGENCY AGREES: 1. To commit and contribute matching funds from ADMINISTERING AGENCY resources which shall be an amount not less than 25 percent of the amount provided by STATE from the State Highway Account. 2. The ADMINISTERING AGENCY'S detailed PROJECT Cost Proposal is attached hereto and made an express part of this Agreement. The detailed PROJECT Cost Proposal reflects the provisions and/or regulations of Section III, Article 8, of this Agreement. 3. To use all state funds paid hereunder only for those transportation related PROJECT purposes that conform to Article XIX of the California State Constitution. 4. STATE funds provided to ADMINISTERING AGENCY under this Agreement shall not be used for administrative purposes by ADMINISTERING AGENCY. Page 2 of 6 Non -Fed FSP • • 119 • • 5. To develop, in cooperation with STATE, advertise, award, and administer PROJECT contract(s) in accordance with ADMINISTERING AGENCY competitive procurement procedures. 6. Upon award of a contract for PROJECT, to prepare and submit to STATE an original and two signed copies of invoicing for STATE's initial deposit specified in Section I, Article 3. Thereafter, to prepare and submit to STATE an original and two signed copies of progress invoicing for STATE's share of actual expenditures for allowable PROJECT costs. 7. Said invoicing shall evidence the expenditure of ADMINISTERING AGENCY's PROJECT participation in paying not less than 20% of all allowable PROJECT costs and shall contain the information described in Chapter 5 of the Local Assistance Procedures Manual and shall be mailed to the Department of Transportation, Accounting Service Center, MS 33, Local Program Accounting Branch, P.O. Box 942874, Sacramento CA, 94274-0001. 8. Within 60 days after completion of PROJECT work to be reimbursed under this Agreement, to prepare a final invoice reporting all actual eligible costs expended, including all costs paid by ADMINISTERING AGENCY and submit that signed invoice, along with any refund due STATE, to the District Local Assistance Engineer. Backup information submitted with said final invoice shall include all FSP operational contract invoices paid by ADMINISTERING AGENCY to contracted operators included in expenditures billed for to STATE under this Agreement. 9. COST PRINCIPLES A) ADMINISTERING AGENCY agrees to comply with, and require all project sponsors to comply with, Office of Management and Budget Circular A-87, Cost Principles for State and Local Government, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. B) ADMINISTERING AGENCY will assure that its Fund recipients will be obligated to agree that (1) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items, and (2) those parties shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub -recipient receiving Funds as a contractor or subcontractor under this Agreement shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C) Any Fund expenditures for costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under Office of Management and Budget Circular A-87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Fund moneys due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third -party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission. Page 3 of 6 Non -Fed FSP 120 10. THIRD PARTY CONTRACTING • A) ADMINISTERING AGENCY shall not award a construction contract over $10,000 or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code Sections 4525 (d), (e) and MI on the basis of a noncompetitive negotiation for work to be performed using Funds without the prior written approval of STATE. B) Any subcontract or agreement entered into by ADMINISTERING AGENCY as a result of disbursing Funds received pursuant to this Agreement shall contain all of the fiscal provisions of this Agreement and shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subcontractors will be allowable as project costs only after those costs are incurred and paid for by the subcontractors. C) In addition to the above, the preaward requirements of third party contractor/consultants with ADMINISTERING AGENCY should be consistent with Local Program Procedures as published by STATE. 11. ACCOUNTING SYSTEM ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate Fund expenditures by line item. The accounting system of ADMINISTERING AGENCY, its contractors, and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for. reimbursement payment vouchers or invoices. 12. RIGHT TO AUDIT For the purpose of determining compliance with this Agreement and other matters connected with the performance of ADMINISTERING AGENCY's contracts with third parties, ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times for three years from the date of final payment of Funds to ADMINISTERING AGENCY. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States Department of Transportation shall each have access to any books, records, and documents that are pertinent for audits, examinations, excerpts, and transactions, and ADMINISTERING AGENCY shall furnish copies thereof if requested. • Page 4 of 6 Non -Fed FSP 121 • • 13. TRAVEL AND SUBSISTENCE Payments to only ADMINISTERING AGENCY for travel and subsistence expenses of ADMINISTERING AGENCY forces and its subcontractors claimed for reimbursement or applied as local match credit shall not exceed rates authorized to be paid exempt non -represented State employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced are in excess of those authorized DPA rates, then ADMINISTERING AGENCY is responsible for the cost difference and any overpayments shall be reimbursed to STATE on demand. 14. SINGLE AUDIT ADMINISTERING AGENCY agrees to include all state (Funds) and federal -funded projects in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with Office of Management and Budget Circular A-133. SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement is available only upon the passage of the State Budget Act containing these STATE funds. The starting date of eligible reimbursable activities shall be JULY 1, 2008. 2. All obligations of ADMINISTERING AGENCY under the terms of this Agreement are subject to authorization and allocation of resources by ADMINISTERING AGENCY. 3. ADMINISTERING AGENCY and STATE shall jointly define the initial FSP program as well as the appropriate level of FSP funding recommendations and scope of service and equipment required to provide and manage the FSP Program. No changes shall be made in these unless mutually agreed to in writing by the parties to this Agreement. 4. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to this Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. 5. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority, or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify, and save harmless the State of California, its officers and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement. Page 5 of 6 Non -Fed FSP 122 6. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring or arising by reason of anything done or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless ADMINISTERING AGENCY, its officers and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 7. ADMINISTERING AGENCY will maintain an inventory of all non -expendable PROJECT equipment, defined as having a useful life of at least two years and an acquisition cost of $500 or more, paid for with PROJECT funds. At the conclusion of this Agreement, ADMINISTERING AGENCY may either keep such equipment and credit STATE its share of equipment's fair market value or sell such equipment at the best price obtainable at a public or private sale (in accordance with established STATE procedures) and reimburse STATE its proportional share of the sale price. 8. ADMINISTERING AGENCY and its sub -contractors will comply with all applicable Federal and State laws and regulations, including but not limited to, Office of Management and Budget Circular A-97, Cost Principles for State and Local Govemments (49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments). 9. In the event that ADMINISTERING AGENCY fails to operate the PROJECT commenced and• reimbursed under this Agreement in accordance with the terms of this Agreement or fails to comply with applicable Federal and State laws and regulations, STATE reserves the right to terminate funding for PROJECT, or portions thereof, upon written notice to ADMINISTERING AGENCY. 10. This Agreement shall terminate on June 30, 2010. However, the non -expendable equipment, and liability clauses shall remain in effect until terminated or modified in writing by mutual agreement. STATE OF CALIFORNIA Department of Transportation By: By: Office of Project Implementation, South Title: Division of Local Assistance Date: Date: Page 6 of 6 123 Riverside County Transportation Commission Non -Fed FSP • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: December 10, 2008 TO: Riverside County Transportation Commission FROM: Budget and Implementation "Committee of the Whole" Michele Cisneros, Accounting and Human Resources Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Year 2007/08 Commission Audit Results BUDGET AND IMPLEMENTATION "COMMITTEE OF THE WHOLE" AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the FY 2007/08: 1) Comprehensive Annual Financial Report; 2) Local Transportation Fund (LTF) Audited Financial Statements; 3) State Transit Assistance Fund (STAF) Audited Financial Statements; 4) Compliance Report; 5) Commercial Paper Compliance Report; 6) Audit Results Report; 7) Agreed -Upon Procedures Report related to the Appropriation Limit Calculation; 8) Agreed -Upon Procedures Report related to the Commuter Assistance Program incentives; and 9) Management certifications. BACKGROUND INFORMATION: In March 2008, McGladrey & Pullen LLP (McGladrey) was selected to perform an audit of the Commission's basic financial statements included in the Comprehensive Annual Financial Report (CAFR), the LTF, the STAF, and federal awards. Additionally, it was requested to perform agreed -upon procedures related to the annual Appropriations Limit Calculation and the Commuter Assistance Program (CAP) incentives, and to report on compliance with commercial paper debt covenants. The audits, agreed -upon procedures, and compliance procedures for the fiscal year ended June 30, 2008 have been completed, and McGladrey has issued all reports. The Commission's CAFR consists of three sections: introductory, financial, and statistical. While the introductory and statistical sections were not audited by McGladrey, the basic financial statements included in the financial section were Agenda Item 9 124 audited by McGladrey. The Commission received an unqualified opinion on its basic financial statements from McGladrey, which is the highest form of assurance. Limited procedures were performed related to the required supplementary information, including Management's Discussion and Analysis; such information was not audited. The other supplementary information was subject to the auditing procedures applied in the audit of the basic financial statements, and, in the opinion of the auditors, it is fairly stated in relation to the basic financial statements. The basic financial statements reflect the new reporting model as required by GASB Statement No. 34; this is the seventh consecutive year under the new reporting model. The basic financial statements include government -wide financial statements and fund financial statements. Additionally, Management's Discussion and Analysis is required and provides a narrative overview and analysis of the Commission's financial activities for the fiscal year. Financial highlights include net assets of approximately $580 million at June 30, 2008, representing an increase of approximately $20 million from the prior year, and governmental funds fund balances of approximately $531 million at June 30, 2008, representing a decrease of approximately $19 million from the prior year. The audit reports related to the separately issued financial statements of the LTF and the STAF also reflect unqualified opinions from McGladrey. These financial statements are required to be issued separately under the Transportation Development Act (TDA); however, the LTF and STAF financial position and operations are also included in the fund financial statements in the CAFR. These reports noted no matters considered to be a material weakness in internal control and no instances of noncompliance. The Compliance Report, often referred to as the Single Audit Report, includes the reports on compliance and internal control over financial reporting and over federal awards. These reports noted no matters considered to be material weaknesses in internal control and no instances of noncompliance. As a result of the establishment of the commercial paper program in March 2005, the bank reimbursement agreement requires a report from the auditor regarding compliance with certain covenants. The report issued by the auditors indicated that nothing came to their attention that caused them to believe that the Commission failed to comply with these covenants. A management letter usually includes recommendations for improvements and operational efficiencies related to internal control and other matters noted during the audit. McGladrey did not have any recommendations or comments on other matters, and, therefore, it did not issue a management letter. Agenda Item 9 • • • 125 • • The Appropriations Limit Calculation and CAP reports are based on specific procedures agreed to by the Commission and other agencies. For the Appropriations Limit Calculation, the auditors noted no exceptions or findings related to the procedures performed. Professional auditing standards require the auditors to communicate to the audit committee, or an equivalent group, to ensure that it is provided with additional information regarding the scope and results of the audit that may assist the group in overseeing management's financial reporting and disclosure process. Such required communications will be discussed with the Audit Ad Hoc Committee at a presentation by McGladrey at a future meeting; however, the auditors have provided a letter that includes the matters to be communicated. As part of the development of the Commission's Accountability Program that commenced following the June 30, 2005 audit, the directors have completed certifications relating to financial reporting and operational disclosures. Attachments: 1) 2008 Comprehensive Annual Financial Report — Posted on the Commission Website 2) 2008 Local Transportation Fund Financial and Compliance Report 3) 2008 State Transit Assistance Fund Financial and Compliance Report 4) 2008 Compliance Report 5) 2008 Commercial Paper Compliance Report 6) 2008 Communications to the Audit Ad Hoc Committee 7) 2008 Agreed -Upon Procedures Report on Appropriations Limit Calculation 8) 2008 Agreed -Upon Procedures Report on Commuter Assistance Program Incentives 9) 2008 Executive Director and Chief Financial Officer Certification 10) 2008 Directors' Certification Agenda Item 9 1 26 • • • ATTACHMENT Local Transportation Fund of the County of Riverside as Administered by the Riverside County Transportation Commission Financial and Compliance Report Year Ended June 30, 2008 McGladrey& Pullen Certified Pubk Accountants MoGledrey 8 Pufien, LLP is a member inn of RSId International, an affiliation of separate and independent legal entitles. 127 • Contents Independent Auditor's Report on the Financial Statements and Supplementary Information 1-2 Financial Statements Balance Sheet 3 Statement of Revenues, Expenditures and Change in Fund Balance 4 Notes to Financial Statements 5-7 Supplementary Information Schedule of Allocations and Disbursements 8 Schedule of Unclaimed Apportionments (Articles 4 and 8) 9 Schedule of Unclaimed Apportionments (Article 3) 14 Independent Audis Report on internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 11-12 128 • • McGladrey& Pullen ce<sfietwaicnaounta is Independent Auditor's Report on the Financial Statements and Supplementary Information Board of Commissioners Riverside County Transportation Commission Riverside, California We have audited the accompanying financial statements of the Local Transportation Fund of the County of Riverside, as: administered by the Riverside County Transportation Commission (the Commission), as of and for the year ended June 30, 2008, as listed in the table of contents. These financial statements are the responsibility of the Commission's management. Our responsibility is to express an opinion on these financial statements based on our audit We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As discussed in Note 1, the financial statements present only the Local Transportation Fund and do not purport to, and do not, present fairly the financial position of the Commission or the County of Riverside, California, as of June 30, 2008, and the change in its financial position for the year then ended, in conformity with accounting principles generally accepted in the United States of America. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Local Transportation Fund of the County of Riverside, as administered by the Commission, as of June 30, 2008, and the change in financial position, thereof for the year then ended, in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated October 30, 2008 on our consideration of the Commission's intemal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts, grant agreements and other matters. The purpose of that report is to describe the scope of our testing of intemal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the intemal oontrol over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. The Local Transportation Fund of the County of Riverside has not presented a Management's Discussion and Analysis as required by Govemmental Accounting Standards Board (GASB) Statement No. 34 that the GASB has determined is necessary to supplement, although not required to be a part of, the financial statements. McGladrey & Pullen, LLP is a member fine of RSM Inlernalional, an affliation of separate and independent legal miles. 1 129 Our audit was conducted for the purpose of forming an opinion on the financial statements of the Local Transportation Fund of the Commission taken as a whole. The schedules listed in the table of contents as supplementary information are presented for purposes of additional analysis and are not a required part of the financial state«d5 of the Local Transportation Fund. Such information has been subjected to the auditing procedures applied in the audit of the financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the financial statements taken as a whole. Riverside, California October 30, 2008 2 • • 130 Local Transportation Fund of the County of Riverside as Administered by the Riverside Cowry Transportation Commission Balance Sheet June 30, 2008 Assets Cash and investments with County Treasurer $ 64,011914 Accounts receivable 11,978,318 Interest receivable 556807 Total assets $ 76,547,039 Liabilities and Fund Balance Liabilities Accounts payable $ 500,000 Due to other Commission funds 1,124,584 Total liabilities 1,624,5M Fund balance Reserved: Unapportioned carryover, net 9,309,166 Rat and bus transit and local streets and roads apportionments 61,333,083 Bicycle and pedestrian projects 2,576,658 Unreserved and designated for bicycles and pedestrians 1,703,548 Total fund balance 74,922,455 Total liabilities and fund balance $ 76,547,039 See Notes to Financial Statements. 3 131 Local Transportation Fund of the County of Riverside as Administered by the Riverside County Transportation Commission Statement of Revenues, Expenddures and Change in Fund Balance Year Ended June 30, 2008 Revenues: Sales taxes $ 69,313 391 Interest 3,153 562 Total revenues 72,466,953 Expenditures: Disbursements to claimants 81,311,610 Excess of expenditures over revenues I8,84471 Fund balance at beginning of year 83,767112 Fund balance at end of year $ 74,922,455 See Notes to Financial Statements. 4 • 132 Local Transportation Fund of the Cotmtyof Riverside as Administered by the Riverside County Transportation Commission Notes to Financial Statements Note 1. Nature of Operations and Significant Accounting Policies The Riverside County Transportation Commission (Commission), in its capacity as the transportation planning agency for the County of Riverside, California (County), is responsible for administering funds provided through the Local Transportation Fund (Fund), which was created in accordance with the provisions of the Transportation Development Act of 1971. The significant revenue to the Fund is derived from one-fourth of one percent of the seven and one quarter percent statewide sales tax collected in the County by the State Board of Equalization. The accounting policies of the Commission conform to accounting principles generally accepted in the United States as applicable to governmental rats. A summary of the Commission's significant accounting policies is as follows: Presentation: The accompanying financial statements of the Fund are intended to present the financial position and the changes in financial position of only that portion of the governmental activities of the Commission that is attributable to the transactions of the Local Transportation Fund of the Commission. They do not purport to; and do not, present fairly the financial position of the Commission as of June 30, 2008 and the changes in its financial position, where applicable, for the year then ended in conformity with accounting principles generally accepted in the United States. Basis of accounting: The modified accrual basis of accounting is followed in the Fund. Under the modified accrual basis of accounting, expenditures are recorded when they are expected to be liquidated with expendable available resources, and revenue is recorded when it becomes both measurable and available. "Measurable means the amount of the transaction can be determined, and "available means collectible within the current period or soon enough thereafter to be used to pay liabtlties of the current period. Funding: There is a three -step process for obtaining funds from the Fund: apportionment, allocation and payment. Annually, the Commission determines each area's share of the anticipated Fund. This share is the area apportionment. Once funds are apportioned to a given area, they are typically available only for allocation to claimants In that area. Allocation is the discretionary action by the Commission which designates funds for a specific claimant for a specific purpose. Payment is authorized by disbursement instructions issued by the Commission. Expenditures: Expenditures represent disbursements to the Commission, Southern California Association of Governments, cities, the County of Riverside and transit operators that have met the claimant eligibility requirements to receive Fund monies per various Public Utilities Code Sections. All disbursements are to be used for transportation purposes. Accounts Receivable: Accounts receivable consists primarily of LTF sales tax revenues from the State Board of Equalization on all taxable sales within the County of Riverside, Califomia through June 30, 2008. Accounts Payable: Accounts payable consists primarily of claims approved by the Commission, but not paid by the Commission to the appropriate transit operators by June 30, 2008. 5 133 Local Transportation Fund of the County of Riverside as Administered by the Riverside County Transportation Commission Notes to Financial Statements Note 2. Cash and Investments with County Treasurer The funds in the County Treasury are pooled with those of other entities in the County and invested in accordance with the County's investment policy. These pooled funds are carried at fair value. Fair value is based on quoted market prices and/or direct lads, when needed, from government dealers on some variable or Bating rate items. Moneys in the Fund are legally required to be deposited in the County Treasury pool, An Investment Oversight Committee has been established by the County, which acts as a regulator of the pool. As of June 30, 2008, the Commission had $64,011,914 invested in the Riverside County Treasury, with an average maturity of 445 days. This investment was rated AaalMR1 by Moody's Investors Service and AAAN1+ by Fitch Ratings. Note 3. Fund Balance Reserves for the. Fund represent the unclaimed apportionments related to claims for transit programs, the unexpired allocations available for bicycle and pedestrian projects, prepaid transit allocations, earned but not received revenues for transportation programs, and unapportioned carryover. Expired allocations related to bicycle and pedestrian projects are unreserved and designated. 6 134 Local Transportation Fund of the County of Riverside as Administered by the Riverside County Transportation Commission Notes to Financial Statements Note 3. fund Balance, Continued At June 30, 2008, amounts held in trust are allocated as follows: Rail and Bus Transit and Local Streets and Roads Apportionments: Western County. Commuter rail: Allocated and unclaimed $ 13 200,976 Apportioned and unallocated 16,418,417 Bus transit: City of Beaumont 329,665 Riverside Transit Agency (RTA) 78,040 Apportioned and unallocated 25,157,466 Total rail and bus transit -Western County 55,184,564 Coachella Valley apportioned and unallocated Allocated and unclaimed 2,662,379 Apportioned and unallocated 2,831,124 Total bus transit -Coachella Valley 5,493,503 Palo Verde Valley: Allocated and unclaimed —Transit 401,263 Apportioned and unallocated for transit and local streets and roads 253,733 Total bus transit and local streets and roads —Palo Verde Valley 655,016 Total for rail and bus transit and local streets and roads apportionments $ 61,333,083 Bicycle and pedestrian projects: Reserved for allocated amounts $ 2,576,658 Unreserved and designated for unallocated amounts 1,703,548 Total for bicycle and pedestrian projects $ 4,280,206 Reserved for unapportioned carryover, net $ 9,309,166 Note 4. Commitments The Riverside Transit Agency (RTA) and the SunLine Transit Agency (collectively, the Agencies), major transit providers for the County, obtained available lease financing for bus acquisitions through the proceeds from certificates of participation issued by the California Transit Finance Corporation (Corporation) for each agency. Local transportation funds, to the extent of the Agencies' eligible share, along with other federal and state funds were pledged as support for the Agencies' lease payments to the Corporation. For the year ended June 30, 2008, Local Transportation Fund revenue was not expended for lease payments. 7 135 Supplementary Information 136 • • - Local Transportation Fund of the County of Riverside as Administered by the Riverside County Transportation Commission Schedule of Allocations and Disbursements Year Ended June 30, 2008 SB 821 Article 3 Article 3 Planning, Programming Article 4 Article 8 and Administrative Totals Unclaimed Allocations Disbursements Allocations Disbursements Allocations Disbursements Allocations Disbursements Allocations Disbursements Amount Expenditures: City of Banning 5 444.110 $ - 8 1.058,494 8 1,059494 $ • $ $ 6 $ 1,502,604 $ 1,058,494 8 444,110 City of Beaumont 98,500 3347,739 3,032,739 3246,239 3,032,739 213,500 City of Cathedra; City 282,089 - 282,089 • 282,0139 City of Coachella 42,000 42,000 42,000 City of Corona 106,500 1.579,450 1,579,4513 1,685,950 1,579,450 106,500 City of Desert Hot Springs 282,419 282,419 282,419 City of Hemel 184,50D 89,500 184,500 89,500 95,000 City of Indio 39,600 • - 39,600 39,600 City of Lake Elsinore 257,675 155.065 257,575 155,065 102,610 City of Moreno Valley 313,705 166,301 - 313,705 156,301 147,404 City of Prim Desert 50,000 - 50,000 50,000 City of Palm Springs 55,700 42,931 55,700 42,931 12759 City of Penis 110,000 110,000 110,003 110900 City of Riverside 552,895 270,795 2,524,719 Z624,719 - 3,177,614 2,895,514 282100 City of San Jacinto 302,500 145,000 302,50D 145,000 157,500 City o1 Temecula - 132,000 132,000 132000 County of Riverside Auditor/Controller 12000 12000 12400 12,000 Road Department 1,458,055 457,118 - - - 1,458,055 457,118. 1,000.937 Pala Verde Valley Transit Agency 926.616 794,299 - - 928,616 794,299 132,317 Commission 9,943,264 9,820,133 - 2,985,162 2,985,200 12,928,425 12,805,333 123,093 Grade Separation Projects - 11,000900 500,000 - 11,000,000 500,000 10,500;0o0 Riverside Transit Agency 38,408,391 38,408,391 - 38.408391 28,408,391 SCAG 122,400 122400 122,400-122400 &mine Transit Agency - 22,999238 18,937,075 22999.238 18,937.075 4,062,163 $ 4712,248 $ 1436,710 9 91.687,911 8 76,755300 9 S - 5 3,119,562 9 3,I79,600 9 99,519,721 8 81311,610 8 18,208,111 137 Local Transportation Fund of the County of Riverside as Administered by the Riverside County Transportation Commission Schedule of Unclaimed Apportionments (Articles 4 and 8) Year Ended June 30, 2008 Total Fiscal Year 2007/2008 Prior Fiscal Year Unclaimed Amounts Unclaimed Unclaimed Amount Amount Unclaimed Interest Apperdonment Apportionment Claimed Apportionment Apportionment Claimed Returned Apportionment Allocation June 30, 2008 Western County: Rad $ 10,691,278 $ 9,572,419 $ 1,118,659 $ 28,205.863 $ 747,714 $ $ 27,458,169 $ 1,042,365 $ 29,619,393 Bus 37,905,443 43,628,538 (5,723,095) 32,745,396 3,075,255 29,670.141 1,618,125 25565,171 Coachella Valley 13,386,294 14,075,349 (689,055) 10,864,542 4,861,726 6,002,816 179,742 5,493,503 Palo Verde Valley: Transit 979,280 794,299 184,981 190,825 190,825 25,477 401,283 Local streets and roads - - Unallocated - 237,624 237,624 16,109 253,733 Total transportation 62,962,295 68,070,605 (5,108,310) 72,244,270 8,684,695 63,559,575 2,881,818. 61333,083 Auditor/Controller 12,000 12,000 Commission administration 750,000 750,000 Commission planning 2,235,162 2,235,200 (38) (38) SCAG planning 122,400 122,400 Total administration and planning 3,119,562 3,119,600 (38) - - (38) Total apportionments $ 66,081.857 $ 71.190,205 $ (5.1083481 $ 72,244,270 $ 8.684,695 $ $ 63,559,575 $ 2,881,818 k 61,333.045 • • • Local Transportation Fund of the County of Riverside as Administered by the Riverside County Transportation Commission Schedule of Unclaimed Apportionments (Article-3) Year Ended June 30, 2008 Unclaimed Apportionment July 1, 2007 Apportionment Disbursements Bicycle and pedestrian projects 4,017,458 $ 1,427,714 10 Interest Allocations Unclaimed Apportionment June 302008 $ 1,436,709 $ 271,743 $ 4,280,206 139 McGladrey& Pullen Certified wbric A oauntants Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Au& of Financial Statements Performed in Accordance with Government Auditing Standatcis Board of Commissioners Riverside County Transportation Commission Riverside, California We have audited the financial statements of Local Transportation Fundof the County of Riverside, as administered by the Riverside County Transportation Commission (the Commission), as of and for the year ended June 30, 2008, and have issued our report thereon dated October 30, 2008. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control over Finandal Reporting In planning and performing our audit, we considered the Commission's intemal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Commission's Internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Commission's internal control over financial reporting. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process or report financial data reliably, in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected by the entity's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's internal control Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Commission's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. This included those provisions of laws and regulations identified in the Transportation Development Act of 1971, as amended, and corresponding regulations of the California Government Code. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Govemment Audinng Standards. AkGla trey & Pullen, LLP is a member firm of RSM International, an affiliation of separate and independent legal entities. 11 • 140 • This report is intended solely for the information and use of management of the Commissbn; the Board of Commissioners, and the State of California's Department of Transportation and StateController's Office and is not intended to be; and should not be, used by anyone other than those specified parties: Riverside, California October 30.2008 f/0 z 12 141 ATTACHMENT 3 • State Transit Assistance Fund of the County of Riverside as Administered by the Riverside County Transportation Commission Financial and Compliance Report Year Ended June 30, 2008 McGladrey& Pullen Cerfified PubticAccountants Mcoadrey 8 Pullen LIP is a member fine of RSM International, an afSGation of separate and ndependenl legal milling. 142 • • Contents Independent Auditor's Report on the Financial Statements and Supplementary Information 1-2 Financial Statements Balance Sheet 3 Statement of Revenues, Expenditures and Change in Fund Balance 4 Notes to Financial Statements 5-7 Supplementary Information Schedule of Allocations and Disbursements Approved During the Year 8 Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed inAccodance with Govemrnent Auditing Standards 9-10 143 McGladrey& Pullen Certified Public AcCountents Independent Auditor's Report on Financial Statements and Supplementary Information Board of Commissioners Riverside County Transportation Commission Riverside, California We have audited the accompanying financial statements of the State Transit Assistance Fund of the County of Riverside, as administered by the Riverside County Transportation Commission (the Commission), as of and for the year ended June 30, 2008, as listed in the table of contents. These financial statements are the responsibility of the Commission's management. Our responsbility is to express an opinion on these financial statements based on our audit We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the ComptroNer General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As discussed in Note 1, the financial statements present only the State Transit Assistance Fund and do not purport to, and do not, present fairly the financial position of the Commission or the County of Riverside, California, as of June 30, 2008, and the change in its financial position for the year then ended, In conformity with accounting principles generally accepted in the United States of America. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the State Transit Assistance Fund of the County of Riverside, as administered by the Commission, as of June 30, 2008, and the change in financial position thereof for the year then ended, in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated October 30, 2008 on our consideration of the Commission's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts, grant agreements and other matters. The purpose of that report is to describe the scope of our testing of intemal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the intemal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. The Stale Transit Assistance Fund of the County of Riverside has not presented a Management's Discussion and Analysis as required by Governmental Accounting Standards Board (GASB) Statement No. 34 that the GASB has determined is necessary to supplement, although not required to be a part of, the financial statements. McCtedrey 8 Putlen, LLP is a member fine of RSA' International, an affiliation d separate and independent legal entities. 1 144 Our audit was conducted for the purpose of tinting an opinion an the fmancial statements of the State Transit Assistance Fund of the Commission taken as a: whole. The schedules fisted in the table of contents as supplementary information are presented for purposes of addfiional analysis and are not a required part of :the financial statements of the State Transit Assistance Fund. Such information has been subjected to the auditing procedures applied In the audit of the financial statements and, in our opinion, is fairlystated, In all material respects, in relation to the financial statements taken as a whole. /4/.6044" 4 f' Riverside, California October 30, 2008 2 • • 145 State Transit Assistance Fund of the County of Riverside as Administered by the Riverside County Transportation Commission Balance Sheet June 30, 2008 Assets Cash and investments State allocation receivable Interest receivable Total assets Liabilities and Fund Balance $ 28,062,863 3698,904 229,611' $ 31,991,376 Liabilities Accounts payable Due from other Commission funds Total liabilities $ 155250 352,826 508,076 Fund Balance Reserved for allocations available for programming 20,000,860 Reserved for unclaimed allocations 11,482,442 Total fund balance 31,483,302 Total liabilities and fund balance $ 31,991,378 See Notes to Financial Statements. 3 146 State Transit Assistance Fund of the County of Riverside as Administered by the Riverside County Transportation Commission Statement of Revenues, Expenditures and Change in Fund Balance Year Ended June 30, 2008 Revenues: Sales taxes $ 9,923425 Interest 1,1.86;339 Total revenues 11,109,764 Expenditures: Disbursements to claimants Excess of revenues over expenditures Other financing sources (uses): Transfer in from other Commission funds Net change in fund balance 1,200,766 9,908,998 36,093 9,945,091 Fund balance at beginning of year 21,538,211 Fund balance at end of year .$ 31,4133,302 See Notes to Financial Statements. 4 147 State Transit Assistance Fund of the County of Riverside as Administered by the Riverside County Transportation Commission Notes to Financial Statements Note 1. Nature of Operations and Significant Accounting Policies The Riverside County Transportation Commission (Commission), in its capacity as the transportation planning agency for the County of Riverside, Califomia (County), is responsible for administering funds provided through the State Transit Assistance Program, which was created in 1979 under Chapter 161 (SB 620) of the Califomia statutes to provide a second source of TransportationDevelopment Act funding for the development of transit systems. The funds are derived from fuel sales tax revenue and are budgeted through legislation and appropriated to the Slate Controller's Office for allocation to beat agencies. The accounting policies of the Commission conform to accounting principles generally accepted in the United States as applicable to governmental. units. A summary of the Commission's significant accounting policies is as follows: Presentation: The accompanying financial statements of the Stale Transit Assistance Fund (Fund) are intended to present the financial position and the changes in financial position, of only that portion of the govemmental activities of the Commission that is attributable to the transactions of the Fund of the Commission. They do not purport to, and do not, present fairly the financial position of the Commission as of June 30, 2008 and the changes in its financial position, where applicable, for the year then ended, in conformity with accounting principles generally accepted in the United States. Basis of accounting: The modified accrual basis of accounting is followed in the Fund. Under the modified accrual basis of accounting, expenditures are recorded when they are expected to be liquidated with expendable available resources; and revenue is recorded when it becomes both measurable and available. °Measurable' means the amount of the transaction can be determined, and 'available' means collectible within the current period or soon enough thereafter to be used to pay liabitilies of the current period. Allocations to local agencies: State transit assistance funds are allocated to the operators within the County. Public Utilities Code (PUC) Section 99313 allocates funds to regional transportation planning agencies based on the ratio of area population to state population. PUC Section 99314 allocates funds to public operators based on their share of fares and local support to other operators in the state. The allocations must be made in a resolution adopted by the Commission. Cash: It is the Commission's policy to deposit all funds received with the County of Riverside Tax Colleclor-Treasurer for investment until the funds are required for disbursement. Interest income is earned while these funds are so deposited. Fund balance reservations: The reserve for allocations avaitable for programming represents amounts apportioned but not allocated to claimants. The reserve for unclaimed allocations represents amounts allocated by the Commission and due to claimants but not yet paid. Disbursements to claimants: Disbursements to claimants represent funds disbursed to transit operators that have met the eligibility requirements to receive State Transit Assistance Program funds per PUC Sections 99313 to 99314. All disbursements are to be used for transit purposes. 5 148 State Transit Assistance Fund of the County of Riverside as Administered by the Riverside County Transportation Commission Notes to Financial Statements Note 2. Cash and Investments Cash and investments at June 30, 2008 consist of the following: Cash and investments with County Treasurer $ 28 062,462 Cash in bank 401 Total rash and investments 6 28,062,863 The funds in the County Treasury are pooled with those of other entities in the County and invested in accordance with the County's investment policy. These pooled funds are carved at fair value. Fair value is based on quoted market prices and/or direct bids, when needed, from government dealers on some variable or floating rate items. The Commission is a voluntary participant in the pool. An Investment Oversight Committee has been established by the County, which acts as a regulator of the pool. Additional information regarding these investments, including risk and maturity, may be obtained from the Commission's Comprehensive Annual Financial Report. Note 3. Fund Balance At June 30, 2008, amounts reserved for unpaid allocations and for apportioned and unallocated amounts are as follows: Reserved for allocations available for programming: Western County: Commuter rail $ 5,614,589 Bus 9,778,623 Coachella Valley 4,547,274 Palo Verde Valley 60,374 20,000,860 Reserved for unclaimed allocations: Westem County: Commuter rail 1,205,501 City of Banning 915,040 City of Beaumont City of Corona 90 City of Riverside 85,000 Riverside Transit Agency (RTA) 6,283,930 Coachella Valley: Sunline Transit Agency (STA) 2,596,789 Palo Verde Valley: Pala Verde Transit 396,132 11,482,442 Total fund balance $ 31,483,302 6 149 State Transit Assistance Fund of the County of Riverside as Administered by the Riverside County Transportation Commission Notes to Financial Statements Note 4. Commitments The Riverside Transit Agency and the Sunt ineTransit Agency (collectively, the Agencies), major transit providers for the County, obtained available lease financing or bus acquisitions through the proceeds from certificates of participation issued by the California Transit Finance Corporation (Corporation) for each agency. Stale transit assistance funds, to the extent of the Agencies' eligible share, along with other federal and state funds were pledged as support or the Agencies' lease payments to the Corporation. For the year ended June 30, 2008, no Fund revenues were expended or lease payments by the Agencies. 7 150 Supplementary Information 151 State?ransrt Assistance Fund of the County of Riverside as Administered by the Riverside County Transportation Commission Schedule of Allocations and Disbursements Approved During the Year Year Ended June 30, 2008 Califomia Code of Regulations Amount Amount Section No Recipient Allocated Disbursed Reference Western County: City of Banning $ 915,000 $ 6731 City of Beaumont 4,565 363,000 6731 City of Corona 50,000 49,910 6731 City of Riverside 85,000 - 6731 Riverside Transit Agency 6,515,782 231,852 6730 Commission Commuter Rail Program - 352,826 6730 Total Western County 7,570,347 997,588 SunLine Transit Agency 1,198,856 202,848 6730 Palo Verde Valley Transit Agency 396,132 6730 Other 330 $ 9,165,335 $ 1,200,766 8 152 McGladrey& Pullen certified Public Accountants Independent Auditor's Report on internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audb of Financial Statements Performed in Accordance with Government Auditing Standards Board of Commissioners Riverside County Transportation Commission Riverside, California We have audited the financial statements of State Transit Assistance Fund of the County of Riverside, as administered by the Riverside County Transportation Commission (the Commission), as of and for the year ended June 30, 2008, and have Issued our report thereon dated October 30, 2008. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in GoverrunentAudxing standards, issued by the Comptroller General of the United States.. Internal Control over Financial Reporting In planning and performing our audit, we considered the Commission's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Commission's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Commission's internal control over financial reporting. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected by the entity's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's internal control. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in intemal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in intemal control over financial reporting that we consider to be material weaknesses, as defined above. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Commission's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. This included those provisions of laws and regulations identified in the Transportation Development Act of 1971, as amended, and corresponding regulations of the California Govemment Code. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. McGladrey 8 Pullen, LLP is a member km of RSM IMemadonal, an atRiation of separate and independent tonal entitles. 9 • 153 This report is Intended solely for the infomnation and use of management of the Commission, the Board of Commissioners, and the State of California's Department of Transportation and State Controller's Office and is not intended to be and should not be used by anyone other than those specified parties. Riverside, California October 30, 2008 10 154 ATTACHMENT • Riverside County Transportation Commission Compliance Reports Year Ended June 30, 2008 McGladrey& Pullen Certified Public Accountants McGladrey & Pullen LLP is a member firm of RSM International, an agitation of separate and independent legal entities. 155 • • • Contents Schedule of Expenditures of Federal Awards Note to schedule of expenditures of federal awards Independent Auditors Report on: Internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards 3-4 Compliance with requirements applicable to its major program and on internal control over compliance in accordance with OMB Circular A-133 and on the schedule of expenditures of federal awards 8-6 Schedule of Findings and Questioned Costs 7-8 Summary Schedule of Prior Year Audit Findings 9 156 Riverside County Transportation Commission. Schedule of Expenditures of Federal Awards Year Ended June 30. 2008 Catalog of Federal Domestic Pass -through Entity Assistance Identifying Number/ Federal Grantor/Pass-through Grantor/Cluster Program Title Number Grant Number Expenditures U.S. Department of Transportation: Highway Planning and Construction Program Pass -through State Department of Transportation: East Junction 1-2158 SR-60 20.205 07-31-082-00 $ 988,035. State Regional Rideshare 20.205 0841-042-00 172,560 Riverside to Orange Counties Major Investment Study 20.205 07-65-085-010/07-65-084-00107-65-083-00 2,850,815 Pass -through San Bernardino Associated Goverment% Rideshare Programs 20.205 08-41-010-00 884,287 Regional Ridemaiching 20.205 08 41-010-00 38,155 Pass4hrough Orange Courtly Transportation Regional Ridematdrirg 20.205 07.41-115-00/C-6-0678/C-4-0329 73,998 Pass -through Ventura County Transportation Commission: Regional Rtdematching 20.205 M 24-001/MOU RS0506 25,145 Total Pass -through Grants 5,032,995 Direct Program, SR-74 Widening 20.205 08-31-052-00 105,414 Total Highway Planning and Construction Program 5,138,409 Federal Transit Cluster. Federal Transit, Capital Investment Grants: Pass -through Riverside Transit Agency: Perris Mult'rnodal Facility Direct Program, Penis Valley Line Total Federal Transit Capital Investment Grants Federal Transit, Formula Grant: Urbanized Area Formula: Direct Program, North Main Corona Rail Station Parking Structure Total Federal Transit Cluster 20.500* 20.500* M23-001 CA-90-Y152-00 376,235 1,920,881 2,297,116 20.507* CA-95-X031-00 1,873,610 4,170,726 Public Transportation Research Pass -through State Department of Transportation: Rising Stars in Transit 20.514 MOU 06-042-M1106-25-029 12,117 Total expenditures of federal awards $ 9,321,252 Denotes major program cluster See Note to Schedule of Expenditures of Federal Awards. 1 157 Riverside County Transportation Commission [Vote to Schedule of Expenditures of Federal Awards Note 1. Basis of Presentation The accompanyMg Schedule of Expenditures of Federal Awards (the Schedule) presents the activity of all federal award programs of the Riverside County Transportation Commission (Commission), The Schedule includes federal awards received directly from federal agencies, as well as federal awards passed through other agencies. The Commission's reporting entity is defined in Noba 1 to the Commissions basic financial statements. Because the Schedule presents only a selected portion of the operations of the Commission, it is not intended to, and does not, present the financial position of the Commission. The accompanying Schedule is presented on the modified -accrual basis of accounting. The information in this Schedule is presented in accordance with the requirements of OMB Circular A-133, Audits of States, Local GoyernmenM and Non -Profit Organizations. Therefore, some amounts presented in this Schedule may differ from amounts presented in, or used in tire preparation of, the basic financial statements. • 2 158 McGladrey& Pullen Ceded Public Accountants independent Auditor's Report on internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Board of Commissioners Riverside County Transportation Commission Riverside, California We have audited the financial statements of the governmental activities, each major fund and the aggregate remaining fund information of the Riverside County Transportation Commission (Commission) as of and for the year ended June 30, 2008, which collectively comprise the Commission's basic financial statements, and have issued our report thereon, dated October 30, 2008. We conducted our audit In accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control over Financial Repotting In planning and performing our audit, we considered the Commission's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Commission's intemal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Commission's intemal control over financial reporting. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to inflate, authorize, record, process or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected by the entity's intemal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's internal control. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies In internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Commission's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. McCaazkay & Rlen, UP is a member firm of RSM International, an affiliation of separate and independent legal entities. 3 159 7fris report is intended solely for the information and use of the board of commissioners, management, federal awarding agencies, and pass -through entities and is not intended to be, and should not be, used by anyone other than those specified parties. Riverside, California October 30, 2008 4 160 • McGladrey& Pullen Certified PubtiC Accountants Independent Auditor's Report on Compliance with Requirements Applicable to Its Major Program and on !Memel Control over Compliance in Accordance with OMB Circular A-133 and on the Schedule of Expenditures of Federal Awards Board of Commissioners Riverside County Transportation Commission Riverside, California Compliance We have audited the compliance of the Riverside County Transportation Commission (Commission) with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133, Compliance Supplementthat are applicable to its major federal program for the year ended June 30, 2008. The Commission's major federal program is identified in the summary of the auditor's results section of the accompanying Schedule of Findings and Questioned Costs. Compliance with the requirements of laws, regulations, contracts and grants applicable to its major federal program is the responsibility of the Commission's management. Our responsibility is to express an opinion on the Commission's compliance based on our audit We conducted our audit of compliance in accordance with auditing standards generally accPpted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments and Non - Profit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on the major federal program occurred. An audit includes examining, on a test basis, evidence about the Commission's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination on the Commission's compliance with those requirements. In our opinion, the Commission complied, in al material respects, with the requirements referred to above that are applicable to its major federal program for the year ended June 30, 2008. Internal Control over Compliance The management of the Commission is responsible for establishing and maintaining effective intemal control over compliance with requirements of laws, regulations, contracts and grants applicable to federal programs. In planning and performing our audit, we considered the Commission's intemal control over compliance with requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance, but not for the purpose of expressing an opinion on the effectiveness of intemal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the Commission's intemal control over compliance. McGladrey & Pukn, LLP is a member fine on RSM International, an aviation of separate and independent legal entities. 5 161 A control deficrencyin an entity's internal control over compliance etdsts when the design or operation of control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect noncompliance with a type of compliance requirement of a federal program on a timety basis. A significant deficiencyis a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to administer a federal program such that there is more than a remote likelhood that noncompliance with a type of compliance requirement of a federal program that is more than inconsequential will not be prevented or detected by the entity's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that material noncompliance with a type of compliance requirement of a federal program will not be prevented or detected by any entity's internal control. Our consideration of thtemal control over compliance was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in intemal control over compliance that we consider to be material weaknesses, as defined above. Schedule of Expenditures of Federal Awards We have audited the financial statements of the governmental activities, each major fund and the aggregate remaining fund information of the Commission as of and for the year ended June 30, 2008, which collectively comprise the Commission's basic financial statements, and have issued our report thereon, dated October 30, 2008. Our audit was performed for the purpose of fanning an opinion on the basic financial statements taken as a whole. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by OMB Circular A-f 33 and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in ouropinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. This report is intended solely for the information and use of the board of commissioners, management, federal awarding agencies and pass -through entities and is not intended to be, and should not be, used by anyone other than those specified parties. Riverside, California October 30, 2008 6 162 Riverside County Transportation Commission Schedule of Findings and Questioned Costs Year Ended June 30, 2008 L Summary of Independent Auditor's Results Financial Statements Type of auditor's report issued: Unqualified Internal control over financial reporting: • Material weaknesses) identified? Yes X No • Significant deficiency(les) identified that are not considered to be material weaknesses? Yes X None Reported Noncompliarxe material to financial statements noted? Yes X No Federal Awards Intemal control over major program: • Material weakness(es) identified? Yes X No • Significantdeficiency(ies) identified that are not considered to be material weaknesses? Yes X None Reported Type of auditor's report issued on compliance for major programs: Unqualified • Any audit findings disclosed that are required to be reported in accordance with Section 510(a) of OMB Circular A-133? Yes X No Identification of major programs: CFOA Number Name of Federal Program or Cluster 20.500/20.507 Federal Transit Cluster Dollar threshold used to distinguish between type A and type B programs: $ 300,000 Auditee qualified as low -risk auditee? X Yes No 7 163 Riverside County Transportation Commission Schedule of Findings and Questioned Costs, Continued Year Ended June 30, 2008 II. Financial Statement Findings A. Significant Deficiencies None reported. B. Compliance Findings None reported. IN. Findings and Questioned Costs for Federal Awards A. Significant Deficiencies None reported. B. Compliance Findings None reported. 8 164 Riverside County Transportation Commission Summary Schedule of Prior Year Audit Findings Year Ended June 30, 2008 There were no audit bindings reported for the year ended June 30, 2007. s 165 ATTACHMENT McGladrey& Pullen • Certified Public Independent Auditor's Report Board of Commissioners Riverside County Transportation Commission Riverside, California We have audited, In accordance with auditing standards generally accepted in the United Slates of America, and the standards applicable to financial audits contained In Government Auditing Standards, issued by the Comptroller General of the United States, the financial statements of the govemmental activities, each major fund and the aggregate remaining 'fund information of the Riverside County Transportation Commission (the Commission) as of and for the year ended June 30, 2008, which collectively comprise the Commission's basic financial statements, and have issued our report thereon, dated October 30, 2008. In connection with our audit, nothing came to our attention that caused us 10 believe that the Commission failed to comply with the terms, covenants, provisions or conditions of Section 6.2(g) or Section 6.2(1) contained in the Reimbursement Agreement dated March 1, 2005, with Bank of America, N.A., a national banking association organized under the laws of the United States of America, relating to the Commercial Paper Notes (Limited Tax Bonds) Series A and Series B, insofar as they relate 10 accounting matters. However, our audit was not directed primarily toward obtaining knowledge of such noncompliance. This report is intended solely for the information and use of the board of commissioners and management of the Commission and Bank of America, N.A., and is not intended to be, and should not be, used by anyone other than these specified parties. /vFCaEt�'q,�Li� f �i.�O.,L GLP Riverside, Califomia October 30, 2008 McGladrey S Pu9en, ELF is a member firm ol RSrA International, an al®intion of separate and independent legal entities. 1 166 ATTACHMENT • • Riverside County Transportation Commission Report to the Audit Ad Hoc Committee November 17, 2008 McGladrey& Pullen Certified Public Accountants McGladrey & Pullen, LLP is a member firm of FtSM brtemationel, an effifiebsn of separate and independent legal entities, 167 McGladrey& Pullen Certified Public Accotrltix t8 November 17, 2008 To the Audit Ad Hoc Committee of tie Riverside County Transportation Commission We are pleased to present this report related to our audit of the basic financial statements of the Riverside County Transportation Commission (the Commission) for the year ended June 30, 2008. This report summarizes certain matters required by professional standards to be communicated to you in your oversight responsibility for the Commission's financial reporting process. Also included is a summary of recently issued accounting standards that may affect future financial reporting by the Commission. This report is intended solely for the information and use of the Audit Ad Hoc Committee, the Board of Commissioners and management, and is not intended to be, and should not be, used by anyone other than these specified parties. It will be our pleasure to respond to any questions you have regarding this report. We appreciate the opportunity to continue to be of service to the Commission. /fre4,447 //1, McGladrey & Pulen, LLP is a member firm of RSM International. an affiliation d Separate and Independent leper entities. 168 Contents Required Communications Summary of Accounting Estimates Recently Issued Accounting Standards 1-3 45 6 Exhibit —Certain Written Communications Between Management and Our Finn Representation Letter from Management • 169 Required. Communications Statement on Auditing Standards No.114 requires the auditor to communicate certain matters to keep those charged with govemance adequately informed about matters related to the financial statement audit that are, in our professional judgment; significant and relevant to the responsibilities of those charged with governance in overseeing the financial reporting process. The following summarizes these communications. Area Comments Auditor's ResponsrlAlity Under Professional Standards Our responsibility under auditing standards generally accepted in the United States of America; the Government Auditing Standards Issued by the Comptroller General of the United States, the provisions of the Single Audit Act, OMB Circular A-133 and OMB's Compliance Supplement has been described to you in our arrangement letter dated June 2, 2008, our letter to you dated October 6, 2008 and in our meeting with you on October 27, 2008. Accounting Practices Adoption of, or Change in, Accounting Policies Management has the ultimate responsibility for the appropriateness of the accounting policies used by the Commission. In the current year, the Commission adopted the following Governmental Accounting Standards Board (GASB) Statements: • GASB Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions. This Statement, issued in June 2004, establishes standards for the measurement, recognition and display of other postemployment benefit expenses and related liabilities or assets, note disclosures and, if applicable, required supplementary information in the financial reports. The requirements of this Statement were effective for the Commission beginning with its fiscal year ended June 30, 2008. • GASB Statement No. 48, Sales and Pledges of Receivables and Future Revenues and lntra-Entity Transfers of Assets and Future Revenues. This Statement, issued in September 2006, establishes accounting and Financial reporting standards for transactions in which a government receives, or is entitled to, resources in exchange for future cash flows generated by collecting specific receivables or specific future revenues. It also provides disclosure requirements for a govemment that pledges or commits future cash flows from a specific revenue source. In addition, this Statement establishes accounting and financial reporting standards for intra- entity transfers of assets and future revenues. The 1 170 Area Comments Accounting Practices, Continued Management's Judgments and Accounting Estimates requirements of this Statement, effective for the Commission beginning with its fiscal year ended June 30, 2008, did not materially impact the Commission. • GASS Statement No. 50, Pension Disctosoms An Amendment of GASS Statements Na 25 and 2T. This Statement, issued in May 2007, more closely aligns the financial reporting requirements for pensions with those for other postemployment benefits and in doing so, enhanoes information disclosed in notes to the financial statements or presented as required supplementary Information by pension plans and by employers that provide pension benefits. The requirements of this Statement were effective for the Commission beginning with its fiscal year ended June 30, 2008. • GASB Statement No. 51, Accounting and Financial Repotting for intangible Assets. This Statement, issued in July 2007, characterizes an intangible asset as an asset that lacks physical suixstance, is non- financial in nature, and has an initial useful life extending beyond a single reporting period. This Statement requires that intangible assets be classified as capital assets (except for those explicitly exduded from the scope of this Standard). The requirements of this Statement are effective for financial statements for periods beginning after June 15, 2009. However, the Commission elected to early implement this Statement for its fiscal year ended June 30, 2008. Significant or Unusual Transactions We did not identify any significant or unusual transactions or significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus. Alternative Treatments Discussed with Management We did not discuss with management any alternative treatments within generally accepted accounting principles for accounting policies and practices related to material items during the current audit period. Summary information about the process used by management in formulating particularly sensitive accounting estimates and about our conclusions regarding the reasonableness of those estimates is in the attached Summary of Accounting Estimates. 2 171 • Area Financial Statement Disclosures Audit Adjustments Uncorrected Misstatements Disagreements with Management Consultations with Other Accountants Significant issues Discussed with Management Difficulties Encountered in Performing the Audit Letter Communicating Significant Deficiencies and Material Weaknesses Certain Written Communications Between Management and Our Firm Comments In our meeting with you on October 27, 2008, we discussed with you the following items as they relate to the neutrality, consistency and ctarityof the disclosures in the financial statements. •. Subsequent events pertaining to the volatility in the financial markets • Pensions and other postemployment benefits There were no audit adjustments made to the original trial balance presented to us to begin our audit There were no uncorrected misstatements. We encountered no disagreements with management over the application of significant accounting principles, the basis for management's judgments on any significant matters, the scope of the audit, or significant disclosures to be included in the financial statements. We are not aware of consultations management had With other accountants about accounting or auditing matters. No significant issues arising from the audit were discussed or were the subject of correspondence with management. We did not encounter any difficulties in dealing with management during the audit. We are not aware of any significant deficiencies or material weaknesses. Copies of certain written communications between our firm and the management of the Commission are attached as Exhibit A. 3 172 Riverside County Transportation Commission Summary of Accounting Estimates Year Ended June 30, 2008 Accounting estimates are an integral part of the preparation of financial statements and are based upon management's current judgment. The process used by management encompasses its knowledge and experience about past and current events and certain assumptions about future events. You may wish to monitor throughout the year the process used to compute and record these accounting estimates. The following describes the significant accounting estimates reflected in the Commission's June 30, 2008 financial statements: Area Accounting Policy Useful Lives of Long- lived Assets Land and Property Acquisitions The estimated useful lives of assets generally have the following ranges: rail stations 10 to 30 years; office furniture and equipment three to fare years; vehicles five years. These assets are depreciated using the straight-line method. Land and rail operating easements are not depreciated and construction in process is not depreciated until ready for service and capitalized. Land and property are acquired to facilitate the completion of various transportation projects undertaken by the Commission. The process of acquiring land and property is initiated with an environmental process notifying the properly owner that the properly is affected. Once the Commission acquires the property, title is held by the Commission until it is transferred to CALTRANS. These acquisitions are treated as expenditures by the Commission. Estimation Process Comments Management reviews for any change in the useful service life of capital assets to estimate impairment of the value of the capital assets. An appraisal of the property is performed for the Commission by independent qualified appraisers. This appraisal is then reviewed by another independent qualified appraiser. 4 We tested the reasonableness of information underlying management's estimate. Based on our procedures, we concluded that assigned useful fives of capital assets are reasonable. We tested the reasonableness of the information underlying the appraisal process. Based on our procedures, we concluded that land and property valuations as recorded by the Commission are reasonable. 173 • Area Riverside County Transportation Commission Summary of Accounting Estimates, Continued Year Ended June 30, 2008 Accounting Policy Pension Obligations and Postemployment Benefits Other than Pensions Record pension and postemployment benefit costs based on an estimated annual contribution rate. Estimation Process Comments For postemployment benefits other than pensions, management utilizes an actuarial consulting firm to perform an evaluation using the entry age actuarial cost method. For pension obligations, management utilizes CalPER5 actuaries for cost sharing multiple - employer plans. A cost sharing multiple -employer plan is a pooling arrangement whereby risks, rewards and benefit costs are shared and not attributed individually to any single employer. 5 174 We tested the reasonableness of the information underlying the actuarial evaluations. Based on our procedures, we concluded that the costs recorded are reasonable. • Recently Issued Accounting Standards The GASB has issued several statements not yet implemented by the Commission. The Commission's management has not yet determined the effect these Statements will have on the Commission's financial statements. However, the Commission plans to implement all standards by the required dates. The Statements which might: impact the Commission are as follows: GASB Statement No. 49, Accounting and This Statement, issued November 2006, will be effective for the Financial Reporting for Pollution Commission beginning with its fiscal year ending June 30, 2009. Remediation Obligations This Statement addresses accounting and financial reporting standards for pollution (including contamination) remediation obligations, which are obligations to address the current or potential detrimental effects of existing pollution by participating in pollution remediation activities, such as site assessments and cleanups. This standard requires the government to estimate the components of expected pollution remediation outlays and determine whether the outlays for those components should be accrued as a lability or, "d appropriate, capitalized when goods and services are acquired. GASB Statement No. 53, Accounting and This Statement, issued June 2008, will be effective for the Financial Reporting for Derivative Commission beginning with its fiscal year ending June 30, 2010. Instruments This Statement addresses the recognition, measurement and disclosure of information regarding derivative instruments entered into by state and local governments. The objectives, terms and risks of hedging derivative instruments are required disclosures. Disclosures also include a summary of derivative instrument activity that provides an indication of the location of fair value amounts reported on the financial statements. 6 175 • Exhibit A -Certain Written Communications Between Management and Our Firm 176 Rives:& Como, Regional Complex 4080 Lemon Street 3rd Flour • Riverside. Colifvrnia MstilingAddsrez first Office Box 12008 • Riverside, CdOrnia:?25022208 Acme (931) 787-7141 • Fox (951) 787-792D •'urunntrn org October 30, 2008 MfcGladrey & Pullen, LLP 31380 Lemon Sheet Suite 400 Riverside, California 92501 In connection with your audit of the basic financial statements of the Riverside County Transportation Commission (Commission), California, as of and for the year ended June 30, ;200B, and the financial statements of the State Transit Assistance Fund (STAF) and Local Transportation Fund (LTF) of the County of Riverside, as administered by the Commission, as of and for the year ended June 30, 2008, we confirm that we are responsible for the fair presentation in the financal statements of financial position and changes in financial position in conformity with accounting principles generally accepted in the United States of America. We confirm to the best of our knowledge and belief, as of October 31, 2008, the following representations made to you during your audit. 1. The financial statements referred to above are fairly presented in conformity with accounting principles generally accepted in United States of America 2. We have identified for you all organizations that are a part of this reporting entity or with which we have a retationship, as these organizations are defined in Section 2100 of the Governmental Accounting Standards Board's (GASB) Codification of Governmental Accounting and Financial Reporting Standards, that are component units and jointly governed organizationsin which we participated. In that regard, the Service Authority for Freeway Emergencies (SAFE) is a component unit of the Commission. The jointly govemed organizations that the Commission is a member of are the Southern California Regional Rail Authority (SCRRA) and the Riverside Orange Corridor Authority. 3. We have identified for you aN of our funds and govemmental functions. 4. We have properly classified all funds and activities. 5. We have properly determined and reported the major governmental funds based on the required quantitative criteria. We have determined the Debt Service Fund to be major for public Interest reasons. We believe that the judgmentally determined major fund is particularly important to the financial statement users. 6. We are responsible for compliance with laws and regulations applicable to the Commission, LTF, and STAF, including adopting, approving, and amending budgets. 7. We have identified and disclosed to you ail laws and regulations that have a direct and material effect on the determination of financial statement amounts or the financial data significant to audit objectives, including legal and contractual provisions for reporting specific activities in separate funds. 8. We have made available to you: 177 Jul McGladrey& NEM t1P October 30, 2008 Page 2 a) .All financial records and related data of all funds and activities, inckdingthose of all special funds, programs, departments, projects, activities, etc., in existence at any time during the period covered by your audit b} All minutes of the meetings of the governing board and commtitees of board members or summaries of actions of recent meetings for which minutes have not yet been prepared. 9. There have been no communications from grantors, lenders, other funding sources, or regulatory agencies concerning noncompliance with: a) Statutory; regulatory, or contractual provisions or requirements. h) Financial reporting practices that could have a material effect on the financial statements. 10. We have ne knowledge of fraud or suspected fraud affecting the entity involving: a) Management or employees who have significant roles in the internal control. b) Others where the fraud could have a material effect on the financial statements. 11. We acknowledge our responsibility for the design and implementation of programs and controls to provide reasonable assurance that fraud is prevented and detected. 12. We have no knowledge of any allegations of fraud or suspected fraud affecting the Commission received in communications from employees, former employees, analysts, regulators, short sellers, or others. 13. We are aware of no significant deficiencies, Including material weaknesses, In the design or operation of intemal controls that could adversely affect the Commission's ability to record, process, summarize, and report financial data. 14. There have been no communications from regulatory agencies concerning noncompliance with, or deficiencies In, financial reporting practices. 14. We have no plans or intentions that may materially affect the canying value or classification of assets and liabilities. 15. The following have been properly recorded and/or disclosed in the financial statements: a) Related -party transactions, including those with SAFE for which the Commission is considered financially accountable, jointly governed organizations In which the Commission participates, and those with STAF and LTF, as defined in Section 2100 of the GASB's Codification of Governmental Accounting and Financial Reporting Standards, and interfund transactions, including interfund accounts receivable and payable and interfund transfers, all of which have been recorded in accordance with the economic substance of the transaction and appropriately classed and reported. There are related party transactions other than those noted above. b) Lines of credit or similar arrangements. c) Security agreements in effect under the Uniform Commercial Code. 178 McGladrey & Pullen, L.LP October 30, 2008 Page 3 d) Revenue which was pledged as collateral for debt liability. e) The fair value of investments. f) Amounts of contractual obligations for the construction and purchase of real property or equipment not included in the liabilities or encumbrances recorded on the books. g) Debt issue provisions. h) All leases and material amounts of rental obligations under long-term leases. I) All significant estimates and material concentrations known to management which are required to be disclosed in accordance with the A1CPA's Statement of Position 94-6, disclosure of Certain Significant Risks and Uncertainties. Significant estimates are estimates at the balance sheet date which could change materially within the next year. Concentrations refer to volumes of business, revenues, available sources of supply, or markets for which events could occur which would significantly disrupt normal finances within the next year. j) Authorized but unissued bonds and er notes. k) Risk financing activities. I) Derivative financial instruments. m) The effect on the financial statements of GASB Statement No. 49, Accounting and Financial Reporting for Pollution Remediation Obligations; and Statement No. 53, Accounting and Financial Reporting for Derivative Instmments, which have been issued, but which we have not yet adopted. n) Deposits and investment securities category of custodial credit risk. o) Arbitrage rebate liabilities. p) Unpaid requests for disbursements to STAF or LTF claimants that have not been paid by June 30, 2008. The unreserved, undesignated fund balances for STAF and LTF are free and unencumbered for future use as outlined in the Transportation Development Act. 16. We are responsible for making the accounting estimates included in the financial statements. Those estimates reflect our judgment based on our knowledge and experience about past and current events and our assumptions about conditions we expect to exist and courses of action we expect to take. In that regard, adequate provisions have been made to reduce receivables to their estimated net collectible amounts and for pension obligations, post -refinement benefits other than pensions and deferred compensation agreements atbibutable to employee services rendered through June 30, 2008. 17. There are no: a) Material transactions that have not been properly recorded in the accounting records underlying the financial statements. 179 McGladrey&Pullen, LLP October 30, 2008 Page 4 b) Violations or possible violations of laws or regulations whose effects should be considered for disclosure in the financial statements, or as a basis for recording a loss contingency or noncompliance. In that regard, we specifically represent that we have not been designated as, or alleged to be, a "potentially responsille party' by the Federal Environmental Protection Agency or any equivalent state agencies in connection with any environmental contamination. c) Other material liabilities or gain or loss contingencies that are required to be accrued or disclosed by Statement of Finandal Accounting Standards No. 5 andfor GASI3 Statement No.10, except for the $2.8 million acorn for the litigation matter, for which it is management's position that the Commission's obligation against this dean is limited to this amount; and the impact, if any, on the Commission from the;Metrolink train accident, for which an accrual has not been made. d) Allocations to STAF or LTF claimants which are in violation of the statute ilmitations as outlined in the Transportation Development Act. e) Guarantees, whether written or oral, under which the Commission is contingently liable. f) Arrangements with financial institutions involving compensating balances or other arrangements involving restrictions on crash balances. g) Agreements to repurchase assets previously sold. h) Other liens or encumbrances on assets or revenues or any assets or revenues which were pledged as collateral for any liability or which were subordinated in any way.. i) Liabilities which are subordinated in any way to any other actual or possible liabilities. j) Debt Issue repurchase options or agreements, or sinking fund debt repurchase ordinance requirements. m) Special or extraordinary items. n) Provisions for risk retention, including uninsured losses or loss retentions attributable to events occurring through June 30, 2008 andfor for expected retroactive insurance premium adjustments applicable to periods through June 30, 2008. o) Investments or other assets that have permanently declined in value. p) Material losses to be sustained in the fulfillment of, or from the inability to fulfill, any service commitments. q) Material losses to be sustained as a result of purchase commitments. r) Environmental cleanup obligations. s) Impairments of capital assets. 18. We have no direct or indirect, legal or moral, obligation for any debt of any organization, public or private, that is not disclosed in the financial statements. 180 McGladrey 8 Pullen, UP October30, 2008 Page 5 19. We have satisfactory title to _ ownedassets'. 20. We have complied with all aspects of contractual agreements that would have a material effect on the financial statements in the event of rratcompllance. 21. Net asset components (invested in capital assets, net of related debt, restricted; and unrestricted) and fund balance reserves and designations are properly classified and, if applicable, approved. 22. Expenses have been appropriately classified in or allocated to functions and programs in the statement of activities, and allocations have been made on a reasonable basis. 23. Revenues are appropriately classified in the statement of activities within program revenues and general revenues. 24. Capital assets, including amounts for right-of-way, are properly capitalized, reported and depreciated (if applicable). 25. Required supplementary krformation Is properly measured and presented. In connection with your audit, conducted in accordance with Government Auditing Standards, we confirm: 26. We are, responsible for. a. Compliance with the laws, regulations, and provisions of contracts and grant agreements applicable to the Commission. b. Establishing and maintaining effective intemai control over financial reporting. 26. We have identified and disclosed to you all laws, regulations, and provisions of contracts and grant agreements that have a direct and material effect on the determinations of financial statement amounts or other financial data significant to audit objectives. We are aware of no violations (or possible violations) of laws, regulations, and provisions of contracts and grant agreements whose effects should be considered for disclosure in the auditor repository or noncompliance. 27. We are aware of no instances of fraud, illegal acts, or violations of provisions of contracts or grant agreements. 28. We have a process to track the status of audit findings and recommendations. 29. We have identified for you preurousfriancial audits, attestation engagements, performance audits, or other studies related to the objectives of the audit being undertaken and the corrective action taken to address significant findings and recommendations. In connection with your audit of federal awards conducted in accordance with OMB Circular A-133, Audits of States, Local Governments, and NomProtit Organizations, we confirm: 30. We are responsible for complying, and have complied, with the requirements of Circular A-133. 31. We have prepared the schedule of expenditures of federal awards in accordance with Circular A-133 and have included expenditures made during the period being audited for all awards provided by federal agencies in the form of grants, federal cost -reimbursement contracts, loans, loan guarantees, property (Including donated surplus property, cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, and other assistance. 181 MCGladrey & Pullen, LLP October 30, 2008 Page 6 32. We are responsible for establishing and maintaining, and have established and maintained, effective Mama! control over compliance for federal programs that provides reasonable assurance that the Commission is managing federal awards in compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a material effect on our federal programs. 33. We are responsible for complying with the requirements of laws, regulations, and the provisions of contracts and grant agreement related to each of the Commission's federal programs and have complied, in all material respects, with those requirements. 34. We have identified and disclosed to you the requirements of laws, regulations, and the provisions of contracts and grant agreements that are considered to have a direct and material effect on each major Miran 35. There are no instances in which the Commission has its own interpretation of any compliance requirements that.have varying interpretations. 36. We have made available all contracts and grant agreements (including amendments, if any) and any other correspondence that has taken place with federal agencies or pass -through entities related to federal programs. 37. There are no amounts questioned or known noncompliance with the requirements of federal awards, including those resulting from other audits or program reviews. 38. We have charged costs to federal awards in accordance with applicable cost principles. 39. We have made available to you all documentation related to the compliance requirements, including information related to federal program financial reports and claims for advances and reimbursements. 40. Federal program financial reports and claims for advances and reknbursements are supported by the books and records from which the basic financial statements have been prepared. 41. The copies of federal program financial reports provided to you are true copies of the reports submitted, or electronically transmitted, to the federal agency or pass -through entity, as applicable. 42. We have no subrecipients of Federal awards. 43. We are responsible for and have accurately prepared the summary schedule of prior audit findings to include all findings required to be Included by Circular A-133. In that regard, there were no prior audit findings noted. 44. There are no prior audit findings by federal awarding agencies and pass -through entities. 45. We have accurately completed the appropriate sections of the data collection form. 46. We have disclosed all contracts or other agreements with service organizations. We are not aware of noixomplrance at these organizations. 47. We are aware of no noncompliance occurring subsequent to the period for which the compliance is audited. 48. There have been no changes in intemai control over compliance or other factors that might significantly affect intemal control since the date as of which compliance is audited. 182 McGladrey 8 Pullen, LLP' October30, 2008 Page 7 49. There have been no material modifications to our joint venture agreement with the SCRRA that would materially impact the Commission's participation, 50. Ail designated employees have filed the required Statements of Economic Interest as outlined in the Commission's conflict of interest code. 51. Allocated and unallocated amounts reserved for transit purposes for LTF total $73,218,907 and designated unallocated apportionments for LTF bicycle and pedestrian projects total $1,703,548 as of June 30, 2008. Allocations available for transit programming and reserved for STAF total $20,000,860 and reserves for unclaimed allocations total $11,482,442. AB allocated amounts have been approved by the Riverside County Tnansportation Commission. 52. In February 2005, the Commission authorized the issuance of tax-exempt commercial paper notes in an amount not to exceed $200,000,000 for theprimary purpose of financing right-ot-way and mitigation land acquisition and project development costs of capital projects under the 2009 Measure A. In 2005 2007, and 2008, the Commission issued commercial paper notes of $30,005,000, $50,000000, and $30,000,000 respectively: In June 2008 the Commission issued Measure A sales tax revenue bonds, the proceeds of which were used to pay oft the commercial paper in its entirety. Therefore, there is no outstanding commercial paper as of June 30, 2008. As a requirement for the issuance of the commercial paper notes, the Commission entered into a $190,000,000 irrevocable direct draw letter of credit and reimbursement agreement with a financial institution as liquidity support for the commercial paper notes. The letter of credit may be used for debt service on the commercial paper notes. Amounts drawn on the letter of credit are not due until expiration of the letter o1 credit in March 2010. The Commission did not draw on this letter of credit authorization during the year ended June 30, 2008, nor were there any amounts outstanding under this letter of credit agreement at June 30, 2008. 53. In May 2006, the Commission entered into a cooperative agreement, Riverside Orange Corridor Authority, with the Orange County Transportation Authority and the Transportation Corridor Agencies to jointly exercise the common powers of the parties to manage geotechnicat studies regarding the Riverside Orange Corridor. The Commission is the recipient and administering entity of federal and state funds as may be necessary to accomplish this work, and the three agencies will share in meeting the local agency matching requirements. As of June 30, 2008, the Commission was not required to make any contributions. 54. In January 2006, the Commission authorized the TUMF Special Revenue fund to advance $3,114,600 to the State to replace state and federal funding for the State Route (SR) 911Green River interchange project During the year ended June 30, 2008, $743,993 was advanced to the State from the TUMF Special Revenue fund for the SR-91 project In December 2004, the Commission authorized the TUMF Spedal Revenue fund to advance $13,046,000 to the State to replace state and federal funding for the SR-60 widening project from Interstate 15 to Valley Way. The final agreement with the State resulted in a reduction of the Commission's commitrnent to $8,881,000. During the year ended June 30, 2008, $543,368 had been advanced to the State from the TUMF Special Revenue fund for the SR-60 widening project. 183 McGladrey & Pullen, LLP October 30, 2008 Page 8 The advances are to be repakl in the form of a commitment of future State funding on TUMF projects, and, accordingly, the aggregate advances of $1,287,361.during the year ended June 30, 2008 were recorded as highway expenditures of the TUMF Special Revenue fund. Cumulative advances as of June 30, 2008 for the Sli 911Green River interchange and SR-60 widening projects were $3,114,600 and $8636,096, respectively. 55. From time to time, the Commission's. agreements with various thins parties are mortified or amended to adjust for cost overruns and other factors. These modifications are considered th be ordinary courses of action and are incorporated into the Commission's budgetary process as revisions to the original adopted budget 56. As a means to achieve a greater level of interest rats stability in connection with an anticipated variable rate debt refinancing of the Commission's commercial paper program in 2009 and the outstanding 2008 sales tax revenue bonds, the Commission entered into two forward -starting interest rate swaps in August 2006 for a total notional amount of $185,000,000. The counterparty for the first swap ($160,000,000 notional amount) is Bank of America, N.A„ and the counterparty for the second swap ($85,000,000 notional amount) is Lehman Brothers Derivative Products Inc. Under the swap agreemerrts which income effective in October2009, the Commission will pay the counterparties a fixed rate of 3.679% for twenty years, tiie expected term of the variable rate debt to be issued in 2009; the cvrmterparties win pay the Commission a floating rate equal to 67% of the one -month London Interbank Offer Rate (UBOR). The interest rate swaps are, among other things, subject to credit, basis, and termination risk. The credit and termination risks have been mitigated with collateral posting requirements by the c ounterparty in the event of a ratings downgrade below a specified threshold. Upon issuance of the variable rate debt in 2009, basis risk is expected to be mitigated with a variable rate paid to bond holders that approximates the 67% of one -month LIBOR to be received from the counterparties. Aceordingty, the interest rate swaps effectively create synthetic fired rate debt for the Commission. The swap policy adopted by the Board of Commissioners requires the Commission to calculate the fair termination values of its swaps at least annually. The calcuktion of the fair termination value takes into consideration the prevailing interest rate environment, the specific teens and condiitions of a given transaction, and any upfront payments that were received, if any. Fair valuations of termination values are realized only if the swaps were to be terminated at the valuation date, and only the Commission retains the right to optionally terminate most of the transactions. As of June 30, 2008, the negative fair values for the $100,000,000 swap with Bank of America and the $85,000,000 swap with Lehman Brothers DP were estimated by an independent third -party to be $2,843,636 and $2,418,108, respectively. Therefore, if the swaps were terminated on June 30, 2008, the Commission would have paid a termination payment of $2,843,636 and $2,418,108 to Bank of America and Lehman Brothers DP, respectively, for a total termination payment of $5,261,744. The termination payments that would have been paid by the Commission if the swaps were terminated on June 30, 2008 are a resun of the change in interest rate levels and certain interest rate relationships. The rate used to cakxrlate the fixed swap payment owed by the Commission to the swap providers is 3.679%. As of June 30, 2008, this fixed rate was higher than the current rate for a swap of identical terms and conditions. 184 McGladrey & Pullen, LLP October 30, 2008 Page 9 In September 2008, Lehman Brothers holdings filed for bankruptcy, which was a trigger event under the swap agreement with Lehman Brothers DP. As a result of the trigger event, the swap agreement was terminated on September 23, 2008. A termination payment of $3,452,453 was paid to Lehman Brothers DP on October 1, 2008. The Commission entered into a replacement swap with Deutsche Bank AG for a notional amount of $85,000,000 on September 24, 2008. Under the swap agreement with Deutsch Bank, which becomes effective in October 2009, the Commission will pay Deutsche Bank as the counterparty a fixed rate of 3.206% for twenty years; the new cournerparty will pay the Commission a floating rate equal to 67% of the one month LIBOR 57. Certain preliminary engineering costs related to the development of toil roads are recorded as construction in progress, as the Commission anticipates obtaining franchise rights from the state to operate such toll roads for a certain period of time. Accordingly, the Commission adopted Government Accounting Standards Board (GASB) Statement No. 51, Accounting and Financial Reporting for intangible Assets, during the year ended June30, 2008. No events or transactions, other than those disclosed in the Wade! statements, have occurred subsequent to the balance sheet date that would require adjustment to, or disclosure in, the financial statements. During the course of your audit, you may have accumulated records containing data which should be reflected in our books and records. All such data have been so reflected. Accordingly, copies of such records in your possession are no anger needed by us. RIVERSIDE COUNTY TRANSPORTATION COMMISSION ne Mayer, Executive LtV"------ att()Z-- Theresia Trevino, Chief Financial Officer 185 ATTACHMENT McGladrey& Pullen Certified Publk Accountants Independent Accountant's Report on. Applying Agreed -upon Procedures Board of Commissioners Riverside County Transportation Commission Riverside, California We have performed the procedures enumerated below to the accompanying Appropriations Limit Calculation of the Riverside County Transportation Commission (the Commission) for the year ended June 30, 2008. These procedures, which were agreed to by the Commission and the League of California Cities (as presented in the publication entitled Agreed -upon Procedures Applied to the Appropriations Limitation Prescribed by Article XIII-B of the California Constitution), were performed solely to assist the Commission in meeting the requirements of Section 1.5 of Article XIII-B of the California Constitution. The Commission's management is responsible for the Appropriations Limit Calculation. This agreed -upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the responsibility of those parties specified in this report. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. The procedures performed and our findings were as follows: 1. We obtained the completed internal calculations and compared the limit and annual adjustment factors included in those calculations to the limit and annual adjustment factors that were adopted by a resolution of the Board of Commissioners. We also compared the population and inflation options included in the aforementioned calculations to those that were selected by a recorded vote of the Board of Commissioners. Finding: No exceptions were noted as a result of our procedures. 2. For the accompanying Appropriations Limit Calculation, we added line A, last year's limit, to line E, total adjustments, and compared the resulting amount to line F, this year's limit. Finding: No exceptions were noted as a result of our procedures. 3. We compared the current year information presented in the accompanying Appropriations Limit Calculation to the supporting calculations described in item 1 above. Finding: No exceptions were noted as a result of our procedures. 4. We compared the prior year Appropriations Limit presented in the accompanying Appropriations Limit Calculation to the prior year Appropriations Limit adopted by the Board of Commissioners during the prior year. Finding: No exceptions were noted as a result of our procedures. We were not engaged to, and did not, conduct an audit, the objective of which would be the expression of an opinion on the accompanying Appropriations Limit Calculation of the Commission. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. No procedures have been performed with respect to the determination of the appropriations limit for the base year, as defined by Article XIII-B of the Calfomia Constitution. McGladrey & Putlen, LLP is a member firm of RSM Intemational. an affiliation of separate and independent legal Entities. 186 This report is intended solely for the information and use of the Board of Commissioners and .management of the Commission, and is not intended to be, and should not be, used by anyone otter than these specified parties: However, this report is a matter of public record and its distribution is not limited: /4� PP•`= L Gre' Riverside, California October30,'2008 • 187 Riverside County Transportation. Commission Appropriations Limit Calculation Year Ended June 30, 2008 Amount Source A. Last year's limit $ 265,455,468 B. Adjustment factors: 1. Population change 1.0330 State Finance 2. Per capita change 1.0550 State Finance Total adjustments [(13.1 x 13.2)-1.0] 0.0898 C. Annual adjustment 23,841,883 (BxA) D. Other adjustments: 1. Lost responsibility (-) 2. Transfer to private (-) 3. Transfer to fees (-) 4. Assumed responsibility (+) Subtotal E. Total adjustments 23,841,883 (C+D) F. This year's limit $ 289,297,351 (A+E) 188 . ATTACHMENT 8 • McGladrey& Pullen CerhYed I Accountants Independent Accountant's Report on Applying Agreed -upon Procedures Board of Commissioners Riverside County Transportation Commission and Board of Directors, Inland Transportation Services Riverside, Califomia We have performed the procedures enumerated below, which were agreed to by the Riverside County Transportation Commission (Commission) and Inland Transportation Services (ITS), solely to assist the specified parties with respect to the purchase of gift certificates and the payment of incentives related to the Commuter Assistance Program (Program) administered by ITS for the year ended June 30, 2008. This agreed -upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the responsibility of those parties specified in this report. Consequently, we make no representation regarding the sufficiency of the procedures described below, either for the purpose for which this report has been requested or for any other purpose. As background information for this engagement to perform agreed -upon procedures, we were provided with: Resolution No. 03-025, Resolution of the Commission Amending Guidelines for the Administration of the Measure A Funded Commuter Incentive Projects as part of its Program, and Agreement No. 00-41-021-06, Amendment No. 6 to the Agreement for Development and Management of Commuter Assistance between ITS and the Commission, entered into as of July 14, 2006. In addition, we received an explanation of the ITS registration process with the. employer and employee from the program manager of ITS. The procedures and related findings are as follows: 1. We obtained a list of all disbursements recorded by the Commission 10 vendors for the purchase of gift certificates for the year ended June 30, 2008 and judgmentally selected a sample of 10 disbursements for selected testing (see Exhibit 1). Our procedures and findings related to Exhibit 1 are as follows: a. We agreed the amount recorded as disbursed by the Commission to canceled checks or warrants without exception. b. We agreed the amount recorded as disbursed to vendors to the ITS payment requests without exception. c. We agreed the amount recorded and the payee to the log of requested gift certificates maintained by ITS without exception. 2. We obtained the "Rideshare Payment" Reports that list recorded disbursements made to recipients by ITS for the year ended June 30, 2008 and judgmentally selected a sample of 10 items for selected testing (see Exhibit 2). Our selected testing and findings related to Exhibit 2 are as follows: a. We obtained the Employer Information Form and Statement of Participation (SOP) for the employer indicating its participation with ITS as a participant. No exceptions were noted. b. We obtained the Employee Enrollment Form indicating the employee is registered with ITS as a participant. No exceptions were noted. McGladrey 8 Paden, LLP is a member film of RSM International. an affiliation of separate and independent legal entitles. 1 189 e. We agreed ITS' disbursement to the employee claim form, noting proper approval of the claim, without exception. d. We recalculated the number of days the employee: participatedin each rideshare mode and the incentive earned for each rideshare mode and agreed those totals to the amounts listed on the monthly incentive claim form without exception. e. We agreed the daily amount of reimbursement per mode of transportation to the amount approved in Resolution No. 03-025 without exception. f. We agreed the recorded disbursement amount per the Incentive Payment Report to the employer transmittal letter without exception. 3. We compared ITS' total gift certificate inventory balance from gift certificate inventory schedules provided by ITS as of June 30, 2008 to the actual gift certificates maintained by ITS by judgmentally selecting certain gift certificates for recounting. No exceptions were noted. The gift certificate inventory balance per the inventory schedules as of June 30, 2008 is $144,517. We were not engaged to and did not conduct an audit, the objecliivae of which would be the expression of an opinion on the specified elements, accounts or items thereof related to the program. Accordingly, we do riot express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is intended solely for the information and use of the Board of Commissioners and management of Riverside County Transportation Commission and the board of directors and management of Inland Transportation Services, and is not intended to be and should not be used by anyone other than these specified parties. Riverside, Califomia October 30, 2008 2 190 Exhibit 1 Riverside County Transportation; Commission and Inland Transportation Services Schedule of Selected Purchases of Gift Certificates Fiscal Year Ended June 30, 2008 Project Vendor Voucher Date Amount Check # Advantage Vons 07/10/07 $ 25,000 37737 Advantage Stater Bros 07/10/07 25,000 37728 Advantage Stater Bros 10/04107 25,000 38622 Advantage Vans 10/04/07 20,000 38635 Advantage Vons 01/10108 20,000 39556 Advantage -CV Stater Bros 07/02/07 5,000 37584 Advantage -CV Vons 03/11/08 20,000 40227 Option Stater Bros 10104/07 20,000 38622 Option Stater Bros 01/10/08 20,000 39538 Option Vona 03/11/08 15,000 40227 3 191 Exhibit 2 Riverside County Transportation Commission and Inland Transportation Services (Contractor) Schedule of Selected Employee IncentivePaymentsMade by the Contractor Fiscal Year Ended June 30, 2008 Employee Initials Employer Name K.C. A.T. A.M. Y.M. JA. M.G. S.R. A.D. T.C. R.G. County of Riverside Finesse Personnel Naval Surface Warfare Center Penn Emblem Bighorn Golf Club Cardinal Health Care County of San Bernardino Leggett & Platt City of San Bernardino National Training Center Incentive Commute Type Mode Vons Carpool Vons Carpool Vons Carpool Vons Carpool Vans Carpool Vons Carpool Vons Public Bus Vons Carpool Stater Bros Carpool Stater Bros Vanpool 4 Disbursement Date Amount 04/24/08 05/23/08 08/13/07 12/03/07 02/20108 01/09/08 03/19/08 12/05/07 08/02/07 04/03/08 $ 105 140 105 135 100 125 105 120 130 130 • 192 ° versideCounty rransportation Commission November 10, 2008 ATTACHMENT Riverside County Regional Compkx 4080 Lemon Street, 3rd Floor • Riverside, Caelifornia Mailing Address: Post Office Box 12008 • Riverside, California 92502-2208 Phone (951) 787-7141 • Fax (951) 787-7920 • unvuxretaorg Board of Commissioners Riverside County Transportation Commission Riverside, California The Comprehensive Annual Financial Report (CAFR) of the Riverside County Transportation Commission (Commission) for the year ended June 30, 2008 is hereby submitted for your receipt and acceptance. The CAFR is presented in three sections consisting of Introductory, Financial, and Statistical. The Financial Section includes the audited financial statements and other supplementary _ information and the independent auditor's report on those financial statements. Management of the Commission is responsible for the financial statements and other information presented in the CAFR. As the Executive Director and Chief Financial Officer of the Commission, we have reviewed the CAFR for the year ended June 30, 2008. Based on our knowledge, the CAFR does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made in the CAFR not misleading with respect to the period covered by the CAFR. Additionally, based on our knowledge, the financial statements and other financial information included in the CAFR fairly present in all material respects the financial condition and results of operations of the Commission as of and for the year ended June 30, 2008. nne Mayer, Executive Director Theresia Trevino, Chief Financial Officer 193 Riverside County Transportation Commission November 10, 2008 ATTACHMENT 10 Riverside County Regional Complex 4080 Lemon Street, 3rd Floor • Riverside, California Mailing Address: Post Office Box 12008 • Riverside Cahfornia 92502-2208 Phone (951) 787-7141 • Fax (951) 787-7920 • wunarcteorg Board of Commissioners Riverside County Transportation Commission Riverside, California In connection with the submission of the Comprehensive Annual Financial Report (CAFR) of the Riverside County Transportation Commission (Commission) for the year ended June 30, 2008, as the management and Directors of the Commission, we understand that we are responsible for the operations and activities of the Commission's programs, projects, and administration. Accordingly, we hereby make the following representations based upon our knowledge. We are responsible for establishing and maintaining controls and procedures related to these operations and activities. We have designed such controls and procedures to ensure that material information is made known to us, particularly during the year ended June 30, 2008. The controls and procedures have been effective for the year ended June 30, 2008 and through the date of this letter. There have been and are no significant deficiencies in the design or operation of internal controls regarding financial reporting for the same period which could adversely affect the Commission's ability to record, process, summarize and report financial data. There have been and are no material weaknesses in internal controls. There have been no significant changes in internal control or in other factors that could significantly affect internal controls subsequent to June 30, 2008. Management also recognizes its responsibility for fostering a strong ethical climate so that the Commission's affairs are conducted according to the highest standards of personal and organizational conduct. In connection with this responsibility, we are not aware of any fraud, whether or not material, that involves management or other employees who have a significant role in the Commission's internal controls. nnar, ohn Standiford, j puty Executive Director 194 Cathy Becht , Pr ject Development Director AiGCIi Michael Blomquist, J I Programs Director M Ffjl� eenstra, Project Delivery Director �wc�ac� resia Trevino, CI - es, I Services Director 195 • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: December 10, 2008 TO: Riverside County Transportation Commission FROM: Sheldon Peterson, Rail Program Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Memorandum of Understanding for Local High -Speed Rail Studies STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve entering into a Memorandum of Understanding IMOU) No. 09-14-025-00 with corresponding local and state agencies for the preparation of studies for the Los Angeles to San Diego via Riverside proposed High -Speed Passenger Rail Corridor; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the MOU on behalf of the Commission. BACKGROUND INFORMATION: With the approval of Proposition 1 A, the Safe, Reliable High -Speed Passenger Train Bond Act for the 21 st Century on the November 2008 ballot voters approved the issuance of $9.95 billion of general obligation bonds. This will partially fund a $40 billion, 800-mile high speed train under the supervision of the California High -Speed Rail Authority ICHSRA). The train would run between San Francisco and Los Angeles, with Anaheim designated as the southern terminus of the initial segment of the high-speed rail train system. Estimates are that the rail system would be completed in 2030, and that it would take passengers between San Francisco and Los Angeles in about 2 hours and 40 minutes. A total of $950 million of the bond proceeds would be available for capital projects on other passenger rail lines to provide connectivity to the high-speed rail system and for capacity enhancements and safety improvements to those lines. The timing and availability of these funds has yet to be determined. These funds could be used for the extension to San Diego which would include an alignment through Riverside County. This high-speed rail extension could have significant impacts to Riverside County and has the potential to provide high quality passenger rail service to its residents going to Los Angeles, San Diego, or connecting the rest of the proposed network including San Francisco and Sacramento. One benefit that could come from this Agenda Item 10 196 project would be commuter travel options for southwestern Riverside County residents of the cities of Temecula and Murrieta to San Diego. Memorandum of Understanding The San Diego Association of Governments (SANDAG) is keenly interested in evaluating the high-speed rail alignments that could serve San Diego County and has been in communication with the CHSRA, San Bernardino Associated Governments (SANBAG), the San Diego Regional Airports Authority, and the Southern California Association of Governments (SCAG), and the Commission staff to develop a MOU. The MOU is to address the implementation of planning studies for what is dubbed as the "Los Angeles to San Diego via Riverside Corridor." The CHSRA currently has funding to begin environmental and engineering work on this corridor with the intent that this corridor could provide service for the regional market independent of the state network. The MOU in and of itself does not bind the Commission financially with the exception of the staff time that would be involved. The proposed MOU also has a strong emphasis on San Diego County's need to develop a Regional Air -Rail Network Study. That was required by state legislation and the county agencies are interested in possible rail links to an airport location. The MOU's primary purpose is to expand cooperation and coordination among the agencies and outlines a process for developing Technical Working Groups in each of the counties to support the long term planning efforts. The MOU also identifies that the CHSRA will need to take into account and coordinate with other technical studies and proposed improvements. This will be particularly important along the Interstate 215 corridor alignment and how the Perris Valley Line (PVL) Metrolink extension and future HST trains will interact. The CHSRA has been made aware that the PVL is one of the Commission's highest priorities along the corridor and that the planning needs to take that into consideration. In addition, part of the proposed alignment to Los Angeles may impact portions of the Metrolink Riverside Line along the Union Pacific right-of-way. At its September Commission meeting, the High -Speed Rail Ballot Proposition and MOU were discussed and at that time it was decided to postpone action on the MOU until after the election. Now that the election results are in, staff is recommending that the Commission move forward with this MOU. For reasons stated above, it is critical for the Commission to be an integral part in planning on this corridor and represents the best opportunity to have influence on the work product developed through the Technical Working Group. The Riverside County Technical Working Group held its first meeting on November 19, with local city and agency representatives. Staff will continue to provide updates on the project to the Commission as appropriate. Agenda Item 10 • 197 • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: December 10, 2008 TO: Riverside County Transportation Commission FROM: Jennifer Harmon, Office and Board Services Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Election of Riverside County Transportation Commission Officers STAFF RECOMMENDATION: This item is for the Commission to conduct an election of officers for 2009 — Chair, Vice Chair, and 2"d Vice Chair. BACKGROUND INFORMATION: Election of Officers In accordance with the Administrative Code, the Commission must annually hold an election of officers at its first meeting in December. The changes will be effective on January 1st of the following year. The officers of the Commission shall consist of the Chair, Vice Chair, and 2"d Vice Chair. The Chair, Vice Chair, and 2nd Vice Chair shall annually alternate between a regular member of the Commission representing a city and a regular member of the Commission who is a member of the Riverside County Board of Supervisors. For 2008, the elected officers are Jeff Stone as Chair, Bob Magee as Vice Chair, and Bob Buster as 2' Vice Chair. For 2009, the Chair and the 2' Vice Chair shall be regular members of the Commission representing a city, and the Vice Chair shall be a regular member of the Commission representing the Riverside County Board of Supervisors. Executive Committee Appointments At its December 2008 meeting, the Executive Committee will consider a change in its structure related to the growing population in the cities. Therefore, a recommendation will be brought forward to the Commission at its January 2009, at which time, appointments to the Executive Committee will be made. Attachment: List of Past Commission Chairs Agenda Item 11 198 • • • PAST COMMISSION CHAIRS 2008 Jeff Stone County of Riverside - District 3 2007 Terry Henderson City of La Quinta 2006 Marion Ashley County of Riverside - District 5 2005 Robin Lowe City of Hemet 2004 Roy Wilson County of Riverside - District 4 2003 Ron Roberts City of Temecula 2002 John Tavaglione County of Riverside - District 2 2001 Will Kleindienst City of Palm Springs 2000 Tom Mullen County of Riverside - District 5 1999 Jack van Haaster City of Murrieta 1998 Bob Buster County of Riverside - District 1 1997 Bob Buster County of Riverside - District 1 1996 Alex Clifford City of Riverside 1995 Alex Clifford City of Riverside 1994 Corky Larson County of Riverside - District 4 1993 Al Lopez City of Corona 1992 Al Lopez City of Corona 1991 Kay Ceniceros County of Riverside - District 3 1990 Kay Ceniceros County of Riverside - District 3 1989 Jack Clarke City of Riverside 1988 Don Baskett City of Hemet 1987 Melba Dunlap County of Riverside - District 2 1986 Jean Mansfield City of Riverside 1985 Susan Cornelison Public Member 1984 Susan Cornelison Public Member 1983 Roy Wilson City of Palm Desert 1982 Norton Younglove County of Riverside - District 5 1981 Jean Mansfield City of Riverside 1980 Donald Schroeder County of Riverside - District 2 1979 Donald Schroeder County of Riverside - District 2 1978 Russell Beirich City of Palm Springs 1977 Russell Beirich City of Palm Springs 199